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Home My WebLink AboutLL 2005 #17STATE Of NEW YORk DEPARTMENT OF STATE 4 I STATe STREET ALBANY, NY I2231-0001 GEORGE E. PATAKI November 16, 2005 RECEIVED ELIZABETH A. NEVILLE, TOWN CLERK TOWN HALL, 53095 MAIN RD. PO BOX 1179 SOUTHOLD NY 11971 Re: NOV 21 2005 Southold Town Clerk TOWN of $OUTHOLD, Local Law 15 & 17, 2005, filed on 10117105 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 LL:ct ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF iNFORMATION OFFICER own Hall, 53095 Ma'n Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-649 Resolution ID: 1232 Meeting: 10/11/05 04:30 PM Department: Town Attorney Category: Legislation THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-649 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 11, 2005: RESOLVED, that the Town Board of the Town of Southold, as lead agency, has determined that the prooosed Local Law entitled "A Local Law in relation to Amendments to Chaoter 97", is an Unlisted action, and will not have a significant imoact on the environment, and be it further RESOLVED that the Town Board of the Town of Southold hereby adoots a Negative Declaration oursuant to SEORA Rules and Rel~ulations for the orooosed Local Law. Elizabeth A. Neville Southold Town Clerk DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE October 3, 2005 RECEIVED OCT 1 3 :~05 Soelbold Town Clerk THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: Town of Southold Local Law related to Amendments to Chapter 37 and Chapter 97 Gentlemen: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced Code amendments are not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Thomas Isles Director of Planning Chief Planner APF:cc G:\C C H ORNY'~.ONIN G~.ON IN G\WORKING\NO N - J U R~005\SD27.F E B LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER 631) 853-4044 PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran~corcoran@town.southold.ny.us LOHI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Ms. Joanne Liguori RECEIVED Lynne Krauza Secretary to the Town Attorney OCT I 3 2005 October 12, 2005 Soulhold Town Clerk EAF- Local Law in Relation to Amendments to Chapter 97 Please be advised that Pat has reviewed and approved the attached EAF form in connection with the referenced matter. Resolution No. 649 of 2005 from yesterday's meeting authorizes Josh to sign this document. In this regard, kindly have Josh sign the attached form where indicated and return the original to Betty, with a copy to us. Thank you for your attention. If you have any questions, please call me. /Ik Enclosure ~ cc: Ms. Elizabeth Neville, Town Clerk (w/encl.) 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME Town of Southold Town Board /Local Law in Relation to Amend Chapter 97 3. PROJECT LOCATION: Municipality TownofSouthold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Southold, New York 5. PROPOSED ACTION IS: [] New [] Expansion [] Modificatio~/alteretion 6. DESCRIBE PROJECT BRIEFLY: Amendments to Chapter 97 of the Town of Southold Town Code. 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: Wetlands [] Agdculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAl., Or FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~ No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~ Yes [~ NO If Yes, list agency(s) name and permit/approvals: 12. AS a RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [--]Yes [~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicantJsponsor name: Joshua Horton, Supervisor Date: 10/11/05 Signature: I If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment I OVER IT II - IMPACT ASSESSMENT (To be completed by Lead Agency) · DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF. r-]Yes ['~'] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. [--]Yes [~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCrATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No adverse impacts will occur through the approval of this action, C2. Aesthetic, a~ricultural, archaeological, historic:, or other natural or cultural resources; or community or neighborhood character? Explain briefly: No adverse impacts will occur through the approval of this action C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No adverse impacts will occur through lite approval of this action, C4. A community's existing plans or ~oals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: No adverse impacts will occur through the approval of this action C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: No C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~-~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important ar otherwise significant. Each effect should be assessed in connection with its (a) setting (i,e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (0 magnitude. If necessa~, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL you EAF and/or prepare a positive declaration. '['~] Check this box ifyou have determined, based on the information and analysis NOT result in any significant adverse environmental impacts AND provide, Town of Southold Town Board Name of Lead Agency Joshua Hortonj Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency I any supporling documentation, that the proposed action WI LL the reasons supporting this determination Date Local Law Filing ~V 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. Town of SOUTHOLD LOCAL LAW NO. 17 2005 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 97". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section I. Purpose In early 2004, an updated Chapter 97 of the Town Code was adopted by the Town Board. The amended chapter was designed to provide necessary regulation of wetlands and natural resources throughout the Town of Southold. It has become necessary to make additional amendments to the Code to ensure for the residents of the Town both a clear understanding of the Code and continued protection of the natural resources. The amendments include addition of and amendment to several definitions, reduction in fee for administrative permit, a fee of $50.00 associated with pre-application site visits, establishment of a dock and float fee, elimination of the notice of violation, and a codification of Trustee policies designed to protect the wetlands and natural resources of the Town. Section II. Chapter 97 of the Code of the Town of Southold is hereby amended as follows: § 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. CONSTRUCTION AND DEMOLITION (C & D) DEBRIS - Includes but is not limited to waste cement, concrete, masonry work, brick, tile, sheetrock, plaster, wood shingles and the like and rubble resulting from remodeling, demolition, repair and building of structures. HOMEOWNERS' OR HOMES ASSOCIATION - A community association, including a condominium association, which is organized in a residential development in which individual owners have a shared interest in the responsibility for open space or facilities. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.11/99) MATERIAL - Soil, sand, stone, gravel, clay, bog, peat, mud or any other material, including liquids, organic or inorganic. NON FERTILIZER - Not to include the use of fertilizers of any type. OPERATIONS - A. The removal of material from wetlands or otherwise within Trustee jurisdiction. B. The deposit or discharge ogmaterial on wetlands or otherwise within Trustee jurisdiction. C. The deposit or discharge of material on any area that results in the transport of said materials into wetlands or otherwise within Trustee jurisdiction. D. 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. E. Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. 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; boat rack; trellis; arbor; gazebo; walkway; statue; sculpture; stairs; or any addition to or alteration of the same. 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: (l) 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 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 (Ulrnus 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, inchiding, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus Spl~.), arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), common reed (Phragmites australis), wildrice (Zizania aquatica), bur-reeds (Sparganium spp.), purple loosestrife (Lythrum salicaria), swamp loosestfife (Decodon verticillatu~) 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.); (0 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 2 loosestrife (Decodon verticillatus) and spikerush (Eleocharis spp.); (g) Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherlcaf ( Chamaedaphne calyculata), pitcher plant (Sarracenis purpurea) and cranberries (Yaccinium macrocarpon and V. oxycoccos); or (h) Submergent vegetation, including, among others, pondweeds (Potamogeton sup.), naiads (Najas spp. ) b 1 adderworts ( Utricularia spp. ), wild celery ( Vallisneria americana ), coontail ( Ceratophyllum demeraum ), water milfoils (Myriophyllum spp.) muskgrass (Chara app.), stonewort (Nitella app.), water weeds (Elodea app.) and water smartweed (Polygonum amphibium). (2) Lands and submerged lands containing r~nnants of any vegetation that is not aquatic or semi aquatic 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 semi aquatic 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 semi aquatic vegetation. (4) The waters overlying the areas set forth in Subsection B(I) and (2) and the lands underlying Subsection B(3). § 97-12. Declaration of Policy, Jurisdiction and Setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of Southold. (1) Any fi'eshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, (2) (3) (4) (5) or vernal pool; Any creek, estuary, stream, pond, canal, or lake; Land under water; Land subject to tidal action; 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 -fitty (50) feet; (c) Sanitary leaching pool (cesspool) - one hundred (100) feet; (d) Septic tank - seventy five (75) feet; (e) Swimming Pool and related structures - fifty (50) feet; (f) Landscaping or gardening - fifty (50) feet; (g) Placement of C&D material- one hundred (I00) feet; (2) Bluff Line (a) Residence - one hundred (100) feet; (b) Driveway - one hundred (100) feet; (c) Sardtary 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. 3 § 97-13. Exceptions. The provisions of this chapter shall not affect or prohibit nor require a permit for the following: (7) The ordinary and usual maintenance or repair of a man-made pond as defined in (§ 97-11). This exception does not apply to filling of unlined manmade ponds. (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 (9) Installation or burial of a residential propane tank within 100 feet of wetlands in an existing, established yard area when more appropriate upland placement is not possible B. Nothing contained in this section shall alter the jurisdiction of the Southold Town, Board of Trustees. ARTICLE II, Permits § 97-20. Permit procedures. B. Administrative Permit. (2) The following operations will be considered for Administrative review: (j) The construction ora permitted bulkhead, which is to replace an existing functional bulkhead, subject to the following: [3]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). (k) Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for Administrative review. § 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. Three (3) 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: (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 all wetlands within a two hundred foot (200') radius of the area fi.om 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. (18) A completed Local Waterfi'ont Revitalization Program Consistency Assessment Form. 4 § 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. The fee for an Administrative permit shall be fifty dollars ($50). For structures that have been previously built without a permit the fee will be doubled. Ifa pre-application site visit is requested, the feel shall be fifty dollars ($50). E. Dock and float fee: Every application for a new dock or float shall include a fee equal to $3 per foot of linear length for residential and commercial docks. Commercial docks are any structures that are rented, leased or otherwise used to generate income including, but not limited to, those structures located on properties zoned MI and M2. § 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 a fifty dollar ($50) fee for this conference. § 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 renewed for two consecutive one year periods at the discretion and review of the Board. Each permit shall state the following: K. A statement that: "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit" § 97-27 Construction and Operation Standards A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (4) Fences. In general, fences are prohibited fi.om beaches and wetland areas. Trustees reserve the right to permit erection of a fence where the applicant has shown that there is a need to protect their private property. In these rare cases, only split rail fences are allowed on beaches. Such fences shall be perpendicular to the waterline and not 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 o larger than twelve (12) inches by twelve (12) inches square. (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than thirty-two (32) square feet (8) No structures on beaches, bluffs or dunes unless approved by the Board at its discretion based on their site inspection. 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. 5 (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 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. Encapsulated pilings or native non chemically treated (untreated) lumber only should be used in sensitive areas. (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. (j) Individual residential stairs are prohibited on bluffs if the property is part of an association that mainta'ms a common stairway within a reasonable distance. (k) No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. (1) Lighting: Any and all lights associated with bulkheads, retaining wall or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. (m) Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage, asphalt, and C&D materials are strictly forbidden for use as backfill behind bulkheads. 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 § 97-11) is permitted. (c) Pre-backfilling of jetties and groins may be required. 6 (d) In order to p?~ent the release of metals and other co/~8~ninants 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. (g) All applicants for jetties and groins 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 over said structure by steps or a ramp allowing pedestrian passage (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 standards will serve as a basis for granting, denying, or limiting permits for the construction of docks. 11. Personal watercraft or '[jetski" floats cannot be added to any float, stairway, or dock. without a Trustee Permit. 12. Lighting: Any and all lights associated with docks, floats or poles must be directed on the subject structure mad not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active use. 13. Utilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application. Installation of such amenities on an existing permitted dock requires obtaining a permit amendment from 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 waterways, 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. 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, over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands, in Downs Creek, Hallocks Bay, Has~omuck Creek and Pond and West Cre~I~ [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] No floating docks, o~c,r floats, anti dock components, and duck blinds or boats shall ~ be stored on tidal wetlands, other intertidal areas or freshwater wetlands. (c) Regulations for the Placement and Configuration of Docking Facilities I. Residential Docks: Iai 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. [el 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. Id] 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"x 4" in dimension. [h] Residential catwalks and ramps are limited to four (4) feet in width. Ii] Residential boatlifls, floating or fixed, are prohibited. ARTICLE III, Administration and Enforcement § 97-3 l. Coordination and Enforcement The Director of Code Enforcement and/o:r 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. § 97-34. 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 Enfomement 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 ofthe 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 fail 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 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 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 ora 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, which shall be effected under the supervision of the approving authority. The Trustees reserve the right to require specific re- planting and restoration methods including specific survivability and success criteria. (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. Severability. If any clause, semence, 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. (Complete the certification in the paragraph that applies to the ~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. 17 of 20 05 of the (Gounty)(Chty)(Town) ~) of SOUTHOLD was duly passed by the TOWN BOARD on October 11 ,20 05 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 __, and was (approved)(not approved)(repassed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ora (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. l0 5.'(~ity local law concerning Chart~evlsion proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 __ of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (Seal) Date: __October 12, 2005 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law/c~ntains the correct text and that all proper proceedings have been had or taken for the enactment of the local law arglefied___ hereto._ Patricia A. Finne~an, Es~., To~l Alttornev Title Town of SOUTHOLD Date: October 12, 2005 ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Gown Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (63 I) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-651 Resolution ID: 1233 Meeting: 10/11/05 04:30 PM Department: Town Clerk Category: Enact Local Law THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-651 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 11, 2005: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of September, 2005 a Local Law entitled "A Local Law in relation to Amendments to Chal~ter 97" AND WHEREAS the Town Board of the Tovoa of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the Local Law entitled, "A Local Law in relation to Amendments to Chaoter 97" which reads as follows: LOCAL LAW NO. 17 2005 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 97". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section I. Purpose In early 2004, an updated Chapter 97 of the Town Code was adopted by the Town Board. The amended chapter was designed to provide necessary regulation of wetlands and natural resources throughout the Town of Southold. It has become necessary to make additional amendments to the Code to ensure for the residents of the Town both a clear understanding of the Code and continued protection of the natural resources. The amendments include addition of and amendment to several definitions, reduction in fee for administrative permit, a fee of $50.00 associated with pre-application site visits, establishment ora dock and float fee, elimination of the notice of violation, and a codification of Trustee policies designed to protect the wetlands and natural resources of the Town. Section II. Chapter 97 of the Code of the Town of Southold is hereby amended as follows: § 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. CONSTRUCTION AND DEMOLITION (C & D) DEBRIS - Includes but is not limited to waste cement, concrete, masonry work, brick, tile, sheetrock, plaster, wood shingles and the like and rabble resulting from remodeling, demolition, re~air and building of structures. HOMEOWNERS' OR HOMES ASSOCIATION - A community association; including a condominium association, which is organized in a residential development in which individual owners have a shared interest in the resoonsibilit~ for ooen since or facilities. MATERIAL - Soil, sand, stone, gravel, clay, bog, peat, mud or any other material, including liquids, organic or inorganic. NON FERTILIZER- Not to include the use of fertilizers of any type. OPERATIONS - A. The removal of material from wetlands or otherwise within Trustee jurisdiction. B. The deposit or discharge o~ material on wetlands or otherwise within Trustee jurisdiction. C. The deposit or discharge of material on any area that results in the transt>ort of said materials into wetlands or otherwise within Trustee jurisdiction. D__.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. E.~. Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. 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; boat rack; trellis; arbor; gazebo; walkway; statue; sculpture; stairs; or any addition to or alteration of the same. WETLANDS (FRESHWATER) - A. "Freshwater wetlands" as defined in Article 24, Title 1, § 24-0107, Subdivisions 1 (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 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 larch (Larix laricina); Page 2 (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 (Charnaedaphne calyculata), and swamp azalea (Rhododendron viscosurn); (c) Emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), common reed (Phragrnites australis), wildrice (Zizania aquatica), bur-reeds (Sparganiurn spp.), purple loosestrife (Lythrurn salicaria), swamp loosestrife (Decodon verticillatus) and water plantain (Alisrna plantago-aquatica); (d) Rooted, floating-leaved vegetation, including, among others, water-lily (Nyrnphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar spp.); (e) Free-floating vegetation, including, among others, duckweed (Lernna 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 (Potamogeton spp.), naiads (Najas spp.) bladde~worts (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 arnphibium). (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(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 B3 l. § 97-12. Declaration of Policy, Jurisdiction and Setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, (2) (3) (4) (5) wet meadow, bog, or vemal pool; Any creek, estuary, stream, pond, canal, or lake; Land under water; Land subject to tidal action; Land within 100 feet of the areas listed above. Page 3 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; Co) Driveway - fil~ty (50) feet; (c) Sanitary leaching pool (cesspool) - one hundred (100) feet; (d) Septic tank- seventy five (75) feet; (e) Swimming Pool and related structures - fifty (50) feet; (f) Landscaping or gardemng - fifty (50) feet; Placement of C&D material- one hundred (100) 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. The provisions of this chapter shall not affect or prohibit nor require a permit for the following: (7) The ordinary and usual maintenance or repair of a man-made pond as defined in (§ 97-11). This exception does not apply to filling of unlined manmade ponds. (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 (9) Installation or burial of a residential propane tank within 100 feet of wetlands in an existing, established yard area when more appropriate upland placement is not possible B. Nothing contained in this section shall alter the jurisdiction of the Southold Town, Board of Trustees. ARTICLE II, Permits § 97-20. Permit procedures. B. Adnfnfistrative Permit. 2~ The following operations will be considered for Administrative review: (j) The construction of a permitted bulkhead, which is to replace an existing functional bulkhead, subject to the following: [3]Any such activities shall requ'rre the addition of a non-turf buffer area not to exceed twenty (20) feet wide as defined in (§ 97-11). (k.) Minor changes to existing, valid Trustee ~emaits. The Trustees reserve the right to determine whether the changes qualify for Administrative review. § 97-21. Application. Page 4 A. Contents of Application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Six (g) Three (3) 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: (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 all wetlands within a two hundred foot (200') radius of 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. (18)A completed Local Waterfront Revitalization Prom:am Consistency Assessment Form. § 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. The fee for an Administrative permit shall be fifty dollars ($50). For structures that have been previously built without a permit the fee will be doubled. If a pre-application site visit is reauested, the feel shall be fifty dollars ($50). E. Dock and float fee: Ever,/apl~lication for a new dock or float shall include a fee eaual to $3/ft of linear len~h for residential docks and $3f~ for commercial docks. Commercial docks are any structures that are rented, leased or otherwise used to generate income including, but not limited to, those structures located on properties zoned M1 and M2. § 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 a fifty dollar ($50) iao fee for this conference. § 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 renewed for two consecutive one year periods at the discretion and review of the Board. Each permit shall state the following: K. A statement that: "The permittee is required to r~rovide evidence that a copy of this Trustee l~ermit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject t~arcel. Such evidence shall be l~rovided within ninety (90~ calendar days of issuance of this permit" § 97-27 Construction and Operation Standards Page 5 A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (4) Fences, In ~eneral, fences are prohibited from beaches and wetland areas. Trustees reserve the ri{,ht to ~ermit erection of a fence where the anplicant has shown that there is a need to protect their private property. In these rare cases, Oonly split rail fences are allowed on beaches. Fences on beaches Such fences shall b~e ~erpendicular to the waterline and not l~e 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 o larger than twelve (12) inches by twelve (12) inches square. (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than thirty-two (32) square feet sixteen (16) square fc~t (8) No structures on beaches, bluffs or dunes unless approved by the Board at its discretion based on their site insCection. 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 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 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 so not apply to structures proposed landward of the ~vetland boundary. Encapsulated pilings or native non chemically treated (untreated) lumber only should be used in sensitive areas. (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 ereeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead. (i) Maclfme excavation is prohibited in tidal and freshwater wetland areas. (j) Individual residential stairs are prohibited on bluffs if the ~ropertv is ~art of an association that maintains a common stairway within a reasonable distance. (k) No discharge pi~es are allowed out of or over bulkheads unless permitted by the Trustees. Page 6 (1) Lighting: ),nv and all lights associated with bulkheads, retainin~ wall or poles in Trustee iurisdiction must be directed on the subject structure and not out into the adiacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. (m) Backfilling: Only clean sand can be used for backfilline in eroded and excavated areas as well as behind new and revaired bulkheads. Garbage, asphalt,and C&D materials are slrictlv forbidden for use as backfill behind bulkheads. 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 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. (e) 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. (g) All applicants for jetties and eroins extending, across the foreshore shall be required to rive and maintain a public passing way, on the upland, not less than five (5) feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage (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 standards will serve as a basis for granting, denying, or limiting permits for the construction of docks. 11, Personal watercraft or "jetski" floats cannot be added to any float, stairway, or dock. without a Trustee penmt. 12. Lic, hting: Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active use. Page 7 (c) 13. Utilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application. Installation of such amenities on an existing p~mdtted dock requires obtaining a ~ermit amendment from 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. Witlfm creeks and other narrow waterways, 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 [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 areas. [c] Placement of fence, mesh or other material preventing passage under docks is prohibited. [d] No fgloating docks, ~ floats~ mad dock components, and duck blinds or boats shall m 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 floafmg 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 determiffmg 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. [fi Tie off poles associated with residential docks will only be permitted to secure Page 8 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"x 4" in dimension. [h] Residential catwalks and ramps are limited to four (4) feet in width. [i] Residenhal boatlifts, floatin~ or fixed, are prohibited. ARTICLE III, Adrff~nistration 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 tho oxxmer of tho 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 boon rescinded. B. Such notice shall bo in xwiting, shall specify the violation and shall state the conditions, which must be complied with and tho time within xx~eh compliance must bo completed before operations may bo 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 sen, ed upon the person to whom it is directed by delivering it to him personally or by posting tho same in a conspicuous place on the promise where operations are being conducted and mailing a copy thereof to such person by certified mail to his last kno~xm address. D. The Director of Code Enforcement or Bay Constable may extend the time of compliance specified in the notice of violation whore there is evidence of intent to comply within the time specified and conditions exist which prevent immediate eomplianso. E. In the event that th~ p~ra~n up~n ~vh~m a n~ti~e ~f vi~laf~n has b~en served shall fai~ t~ ~mply with said n~tiee ~vithin the time specified therein or within tho time specified in any extension of time issued by the Director of Code Enforcement or Bay Constable, any permit imued to such person pursuant to this chapter shall bc deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 97 31C to fail to comply ~vith § 97 33. Hearing on violation. A. Any person affeetad by a notice of violation i~ued pursuant to the preceding section hereof may request and shall bo granted a hearing before the Trustees, provided that such person shall fil~ a written request therefor with the Clerk within 10 days after ser~fioe of thc notice of violation. Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is requ,sted 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 itc next regular meeting. The Truste~ shall set a time and place for such hearing and shall g/ye tho person requesting the same at least five days' notice of the time end pla~e thereof. Page 9 C. At such hearing, thc pore, on requesting thc came, or his representative, shall be given an opportunity to mow cause why such notice of violatiun ~hould be modified or rescinded. After ~uch hearing, the Truntec~ may sustain, modify or rescind such notice of violation, or revoke an), permit previougly issued, and ~hall specify the reasons therefor. D. Thc notice of violation for which a hearing is requested shall continue in effect pending thc hearing and datcmfmation of the Trustco~. § 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 Enfomement 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 fail 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 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 cfa 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 both; (3) Failure to heed a cease and desist order. Any person conducting operations in direct contradiction to the terms cfa 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 cfa 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 includinc, specific survivability and success criteria. (5) Mitigation. When on-site wetlands restoration and creation may be unfeasible due to techrfical 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 ha 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. Page 10 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. 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 Page 11 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I ~ PROJECT INFORMATION (To be completed by A~pllcant or Project Sponsor) 1. APPLICANT/SPONSOR ~2. PROJECT NAME Town of Southold Town Board / Local Law in Relation to Amend Chapter 97 3. PROJECT LOCATION: Municipality TownofSouthold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc,, or provide map) Southold, New York 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Amendments to Chapter 97 of the Town of Southold Town Code. 7. AMOUNT OF LAND AFFECTED: Inibeliy acres Ultimately acres 8. WiLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yea [] Ne If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] industrial [] Commemial Describe: Wetlands [] Agriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~ No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r~Yes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/spenser name: loshua Horton, Supervisor Date: 10/11/05 Signature: If the action is in the Coastal Area, and you are a state agency, complete the~ '1 Coastal Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF, [~Yes ~lNo B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. r-~ Yes r~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, sudace or gmundweter qualtiy or quantity, noise levels, existing traffic pattern, solid waste production or dlsposel, potential for erosion, drainage or flooding problems? Explain briefly: No adverse impacts will occur through the approval of this action. C2. Aesthetic, a~dcultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly: No adverse impacts will occur through the approval of this action C3.Vegetation or fauna, fish, shellfish or wildlife species, sign~cant habitats, or threatened or endaegemd species? Explain briefly: No adverse impacts will occur through the approval of this action. C4. A community's exiel~ng plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: No adverse impacts will occur through the approval of this action C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Exptain briefly: No C6. Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Exptain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. tS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - Ut:l I=RMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect shoutd be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If questlen D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any~supporting documectation, thet the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board Name of Lead Agency Joshua Horton Print or Type Name of Responsible Offset in Lead Agency Signature of Responsible Officer in Lead Agency 10/11/05 Date Supervisor PLANNING BOARD MEMBERS JER~LYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OF~ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To~ Town of Southold Town Board Patricia Finnegan, Town Attorney From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: October 11, 2005 Re: "A Local Law in Relation to Amendments to Chapter 97" The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to me, it is my determination that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRPo Pursuant to Chapter 95, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Fishers Island Harbor Committee PO Box 176 Fishers Island, NY 06390 October 10, 2005 Honorable Josh Horton Southold Town Board 53095 Main Road PO Box 1179 Southold, NY 11971 Dear Supervisor Horton and Southold Town Board, RECEIVED OCT _ 1 1 2/105 ,..¢,,,, Southold Town Ch~ In a letter dated February 10, 2004 The Fishers Island Harbor Committee outlined concerns with the Southold Trustees' proposed revisions to Chapter 97 of the Southold Town Code regarding docks and wetlands. None of these concerns were addressed in the final version that was passed by the Town Board in early 2004. If the Town Board is aga'm considering revisions to Chapter 97, perhaps now is a good time to address the problems at Fishers Island. The areas of concem are 1) the requirement for upland access around docks, 2) the provision allowing for either a dock OR a mooring (not both), 3) the residential boatlift prohibition, and 4) the pump out requirexnent for marina expansion. In previous correspondence and conversations with Trustees, I have outlined why these four requirements and restrictions are unnecessary or overly burdensome to the Fishers Island community. Perhaps exempting the .Island from these requirements and restrictions would be the most effective way to address our concerns while addressing the intent of the Trustees at mainland Southold. Or perhaps the Trustees could be instructed to consult with the Fishers Island Harbor Committee during the permit process when any of these issues arise at Fish~rs Island. I would be happy to discuss this further. Thank you for your consideration. Sincerely, Leslie O. Goss Cc: Louisa Evans Mere Harr, Fishers Island Community Board Fishers Island Harbor Committee ~rhursday, September 22, 2005 Law e~ntitls5 "A Local Law in relation to Amendments to ~" AND IS HEREBY FUR- THER GIVEN that the Town Board of the Town of Southold will hold apublic hearing on the aforesaidLocal Law at the Southold Town Hall. 53095 Main Road. Southold. New York. on the 11tll day of October. 2005 at 5:05 p.m. at which time all interested persons will be given an opportunl[y to be heard. The,proposed Local Law enti- tled, 'A Local Law in relation to Amendments to Chapter 97" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 97". BE IT ENACTED by the Town Board of thc Town of Southold as follows: Section 1. Purpose In early 2004, an updated Chapter 97 of the Town Code was adopted by thc Town Board. The amended chapter was designed to provide necessary regulation of wetlands and natu- ral resources throughout the Town of Southold. It has become necessary to make additional amendments to the Code to ensure for the residents of thc Town both a clear andcrstm~ding of thc Code and continued pro- tection of the natural resources. Thc amendments include addi- tion of and amendment to several definitions, reduction in fee for administrative permit, a fee of $50.00 associated with pre-appli- cation site visits, establishment of a dock and float fee, elimination of thc notice of violation, and a codification of Trustee policies designed to protect the wetlands and natural resources of the Town. Section Il. Chapter 97 of the Code of the Town of Sonthold is hereby amended as follows: § 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 thc singular number: and words used in the singular number include the ,pluralnumber. The word "shall' is always mandato- ry and not directory. CONSTRUCTION AND DEMOLITION lC & D) DEBRIS Includes but is not limited to waste cement, con- crete, masomw work, brick, tile, sheetrock, plaster, wood shingles and the like and rabble resulting from remodeling, demolition, repair and building ,of structures. HOMEOWNERS OR _HOMES ASSOCIATION A community association, includ- ing a condominium association. which is organized in a residen- tial development in which indi- vidual owners have a shared interest in the responsibility for open space or facilities. MATERIAL Soil, sand, stone, gravzl, clay, bog, peat, mud or any other material, inclvding liquids, organic or inor- game. NON FERTILIZER - Not to include the use of fertilizers of ~OL~R~TIONS- A. The removal of material from wetlands or otherwise with- in Trustee jufisdictiun. B. The deposit or dls- charae of material on wetlands or otherwise within Trustee jurisdic- tion. C~. The deposit or dis- charge of material on any area that results in the transport of said materials into wetlands or other- wise within Trustee jurisdiction. D.C-, The erection, construc- tion, alteration or enlargement of any building, dock, pier, wharf, bulkhead, jetty, grmn o¥ other structure, temporary or perma- nent, on wetlands, or otherwise within the Trustees jurisdiction. ~. Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. 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; pub- Iic service distribution, transmis- sion or collection system; tank; dock; pier; whaff~ groin; jetty; seawall; bulkhead; breakwater: revetment: artificial beach nour- ishment; boat rack: trellis: arbor: gazebo: walkway: statue: sculp- ture; stairs; or any addition to or alteration of the same. WETLANDS (FRESHWA- TER) -- A. "Freshwater wetlands'* as defined in Article 24, Title 24-0107, Subdivisions l(a) to l(d) inclu- sive, of thc Environmental Conservation Law of the State of New Yo{k; or B. All lands and waters in the town which contain akay or all of the following: la(l)nds Lands and submerged commonly called "marsh- es," '~swamps," "sloughs," "bogs" and "flats" supporting aquatic or semi-aquatic vegeta- tion of the following type,s: la) Wetland trees which depend upon seasonal or perma- nent flooding or sufficiently water-logged soils to give them a competitive advantage over other trees, including, among,, others, red maple (Acer rubrurn), wil- lows (Salix spp.), black; spruce (Picea mariana): swamO white oak (Quercus bicolor), red ash (Fra. rinum penn<vh,anicaL black ash (Fraxinus nigra), silver maple (Acer saccharinum), American elm (Ulmus ameri- cana) and larch (Larix lar, icina): (bi Wetland shrubs: which depend upon seasonal or perma- nent flooding or sufficiently water-logged soils to give them a competitive advantage ov'er other shrubs, including," among others, alder (Alnus spp.), buttonbush ( Cephalanthus occidentalis), common winterberry (Iler verti- cillata) leatherleaf ( Chamaedaphne calvculala ), and swamp azalea (Rhododendron viscosum); (c) Emergent vegetation, including, among others, cattails (7~vpha spp.), pickerelweed {Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra virginica), arrow- heads (Sagittaria spp.), common reed (Phragmites australis), wildfice (Zizania aquatica), bur- reeds (Sparganium spp.), purple loosestnfe (L3thrum saliearia), swamp Ioosestrife (Decodon ver- ticillatus) and water plantain (Alisma plant~o-aqnatica); (d) Rooted, floating-leaved vegetation, including, among others, water-lily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar spp.); (el Free-floating ve:g,eta- tion, including, among others, duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watcrmeal I Wolffia spp. (0 Wet meadow vegetation which depends upon seasonal or permanent flooding or suffic!ent- ly water-logged soils to give it a competitive advantage over other open land vegetation, including. among others, sedges (Care.,: spp.), rashes (.hmcus .vpp.), cat- tails (Tvpha spp.), rice cut-grass (Leerski orvzoides), reed canary grass IPh~laris arundinacea), swamp Ioosestrife (Decodon ver- ticillatus) and spikemsh ( Eleocharis spp. ); (gl Bog mat vegetatiom including, among others, sphag- num mosses (Sphagmtm spp.), bog rosemary (Andromeda glau- cophvlla), leathcrlcaf ( ChcJmaedaphne ca~vculala), pitcher plant (Sarracenis pur- purea) and cranberries I Vaccinium macrocarpon and I( orveoccos): or (h) Submergent vegetation, including, among others, pondweeds (Potamogeton spp.), naiads (Najas spp.) bladderworts (Utricularia spp.), wild celery ( Vallisneria americana), coontail ( Ceratophyllum demersnnl), water milfoils (Mvriophvllum spp.) muskgrass (Chard 'spp.), stonewort (Nitella spp.), water weeds (Elodea spp.) and water smartweed ( Polygonum amphibi- (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 suffi- ciently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of six feet and pro- vided further that such conditions can be expected to persist indefi- nitely, barfing human interven- tion. 13) Lands and waters sub- stantially enclosed by aquatic or scmiaquatic vegetation as set tbrth in Subsection B(1) or be dead vegetation as set forth in Subsection B(2), thc regulation of which is necessary to protect and preserve thc aquatic and semiaquatic vegetation. (4) The waters overlying the areas set forth in Subsection B~ and the lands under- lying Subsection B(3I. § 97-12. Declaration of Policy, Jurisdiction and Setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of Southold. (1) Any freshwater wet- land, tidal wetland, beach, bluff. dime, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, canal, 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 tbllowing minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Tmstees: ( 1 ) Wetland Boundm'y (a) Residence one hun- dred (100) feet: (b) Driveway fifty (50) feet: (c) Sanitary leaching pool (cesspool) one hundred(lO()) feet: (d) Septic tank seventy five (75) feet: (el Swimming Pool and related structures - fifty (50) feet; (f) Landscaping or garden- ing fifty (50) feet; ~ Placement of C&D material- one hundred { 100) feet; (2) Bluff Line (al Residence one hun- dmd (100) feet; lb) Driveway one hun- dred (100) feet; (c) Sanitary leaching pool (cesspool) one hundred(10()) feet; (d) Swimming Pool and related structures one hundred (100) feet; The Board of Trustees mservcs thc right to waive or alter these setbacks where sitc-spccific and/or environmental conditions justity such action. § 97-13. Exceptions A. The provisions of this chapter shall not affect or prohib- it nor require a permit for the fol- lowing: (7) The ordinary and nsual maintenance or repair of a man- made pond as defined in (§ 97-11). This exception docs not apply to filling of unlined manmade ponds. (8) Proactive restoration or enhancement projects conducted in cooperation with thc Trustees including, but not limited to, salt marsh restoration, eelgrass plantings or other vegetative enhancement work kgfl [nstallation or burial of a residential propane tank within 100 feet of wetlands in an existing, established yard area when more appropriate acement is not possible . Nothing contained in this section shall alter the jurisdiction of thc Southold Town, Board of Trustees. ARTICLE Il, Permits § 97-20. Permit procedures. B. Administrative Permit. 121 The following operations will be considered for Administrative review: (j) The construction of a permitted bulkhead, which is to replace an existing functional bulkhead, subject to thc following: [3]Any such acdvkies shall require the addition ora non-turf buffer area not to exceed twenty (20) feet wide as defined in (§ 97- I1). Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether thc chan~es quail .fy for Administrative review. § 97-21. Application. A. Contents of Application. A permit may be issued upon the written, verified application of the person propos- ing to perform operations on wet- lands. S~x ~5) Three (31 copies of the complete application, includ- ing all written descriptions, pic- tures and surveys, shall be sub- mitred to thc Clerk. Such applica- tion shall contain thc following infurmation: (8) Such application shall be accompanied by a survey and topographical map, created no more than one (1) year prior to the date of ap~plication, w~th con- tours at two-toot intervals, show- ing all wetlands within a two hundred foot (200'1 radius of thc area fi'om which the removal or in which the deposit of materials is proposed, or in which struc- tures are to be erected, certifred by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topo- graphical map shall show the soundings of the area in which operations am proposed to be conducted. The horizontal con- trol 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. A completed Local Waterfront Revitalization Program Consistency Assessment Form. § 97-22 Fees A. Every application for a permit filed with thc Clerk shall bc accompanied by a filing lbe of two hundred fifty dollars ($250), which includes the first site visit, no portion of which shall be See Legals next page~ i, i.e~als from preceding page time, and also at thc Mattituck- Laurel Library between the hours of I 0:00 A.M. and 5:00 RM., pre- vailing time, Monday through Saturday. NOTICE 1S FURTHER GIVEN that purstmnt to Section 2014 of the Education Law and a ~,~or resolution by thc Board of ucatinm personal registration of votcrs will be held. A person shall not be enfitlcd to vote at said meeting whose name does not appear on the register of said School District, or who is nut currcntly registered from a resi- dence address within the Mallituck-Laurel Library District (which lies within the boundaries of said School District) for gener- al election purposes, on the regis- tration list provided by thc Suffolk County Board of Elections. Registration for this meeting will be held in the Business Office of thc School DistricL located in the Administrative Offices, 385 Depot Lane, Cutchogue, New York, between the hours of 9:00 A.M. and 4:00 P.M., prevailing time, Monday throup~a Friday on any business day until five (5) days preceding file Special District Meeting. Any person shall be entitled to have his name placed upon such regis- ter provided that he is known or ~roven to the satisfaction of the oard of Registration to be then or thereafter entitled to vote at said Special Disl~ict Meeting for which such registration is pm- pared. All persons residingin the Mattituck-Lanrel Library Dis~ict (which lies within the boundaries of said School District) who have previously registered for any annual or special meeting or elec- tion and who shall have voted at any annual or special meeting or election at any time within four (4) calendar years prior to the year in which the register is being prepared, shall be entitled to vote. In addition, any qualified voter of the School District who resides in the Mattituck-Laurel Library District (which lies with- in the boundaries of thc School District); whose name appears on thc Suffolk County voter regis- tmtion lists as transmitted to thc S,chool District by the Suffolk County Board of Elections will also be entitled to vote. Said register will bc filed itl thc Office et the Clerk of the School District, located in the Administrative Officcs of the District, 385 Depot Lane, Cutchoggc~ New York, where said register will be open for inspection by any qualified voter of The Matfituck-Laurel Library District (which lies within thc boundaries of said Schuol District) between the hours of 9:00 A.M. and 4:00 EM., prevail- ing time, on each of tile five (5) days prior to the date set for said special district vote, except Sunday. NOTICE IS FURTHER GIVEN that absentee ballots shall be made available in accor- dance with the provisions of Section 2018-a of the Education · aw. Applications for such :ntee ballots may be applied x at the office of the School District Clerk. The absentee bal- lot application must be received by the Dis~ct Clerk at least seven (7) days before the date of the vote. if the ballot is to be mailed to the voter, or the day before such vote, if the ballot is to be delivered personally to the voter. A list of all persons to whom absentee ballots shall have been issued will be available in the said office of the Clerk between the hours of 9:00 A.M. and 4:00 RM, prevailing time, Monday through Friday on any business day to and including the day set for the vote. By Order of the Board of Education Thomas J. Roslak, District Clerk Mattituck-Cutchogue Union Free School Disn-ict, Suflblk County, New York 4X 8/18, 9/1, 9/8, 9/227d5 (037) NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: BENALI LLC. Articles of Organization were filed with thc Secretary of State of New York (SSNY) on 08/I 6/05. Office location: Suffolk Count. SSNY has been designated as agent of the LLC upon whom process against it may be serve& SSNY shall mail a copy of proccss to the LLC, c/o Stcven Kram, 1499 Bcllagio Road, Los Angeles, CA 90049. Purpose: For any lawful purpose. 6X 8/25, 9/I, 9/8, 9/15,9/22, 9/29/05 (044) NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: CHAT- TERBUGS, LLC. Articles of Organization were filed with the Secretary of State of New York (SSNY) on 08/02/05. Office location: Suffolk Count. SSNY has been designated as agent of the LLC upon whom process against it may be sewed. SSNY shall mail a copy of process to the LLC, 59 Bay Avenue West, Hampton Bays, NY 11946. Purpose: For any lawfi~l purpose. 6X 8/25, 9/l, 9/8, 9/15,9/22, 9/29/05 (045) The IO'udop Limited Liability Company Notice of formation of the above Limited Liability Company CLLC"). Amcles of Organization filed ,w, ith the,,S, ecretary of State of NY ( 'SSNY ) on 7/28/2005 Office location: County of Suffolk SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail a copy of any such process served to: The LLC, c/o Jauct W. Krudop, 349 Pcunys Lane, Riverhead, NY 11901. Purpose: any lawful act. The la,cst date on which thc LEC is to dissolve is 12/31/2050. 6X 8/25.9/1.9/8.9/15, 9/22. 9/29/05 (0471 MEGA STYL, LLC Articles of Or~. filed NY Sec. of State (SSNY) 7/14/05. Office in Sl]flblk Co. SSNY shall desig. agent of LLC upon whom process may be served. SSNY shall mail copy of process to c/o Susan Lomangino, 1150 Old Main Rd., PO Box 56, Mattituck, NY 11952. Purpose: Any lawful purpose. 6X 8/25, 9/1, 9/8, 9/15, 9/22, 9/29/05 (049) LEGAL NOTICE Notice of Formation of Showalter Holdings Limited Liability Compan~ ("LLC"). Art. Of Org. filed w~th NY Dept. of State on 7/07/05. Office of LLC located in Suffolk Co. NY. Secretary of State of NY (SSNY) designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of any such process to Chris Showalter, PO Box 1244~ Cutchogne, NY 11935. Purpose: any lawful activity, 6X 8/25, 9/1, 9/8, 9/15, 9/22, 9/29/05 (050} NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: MM SAG HARBOR LLC. Articles of Organization were filed with thc Secretary of State of New York (SSNY) on 08/25/05. Office location: Suffolk County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail a copy of process to the LLC, c/o Michael Maidan, One Hudson Street, New York, New York 10013. Purpose: For any lawful purpose. 6X 9/1.9/8, 9/15, 9/22, 9/29, 10/06/05 (0671 NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: LIBERTY REALTY GROUP, LLC. Articles of Organization were filed with the Secretary ef State of New York (SSNY/ on I18/26/05. Office location: Suflblk County. SSNY has been designated as agent of the LLC upon whom ~rocess against it may be served. SNY shall mail a copy of process to the LLC, c/o The Law Office of Gary Mioins, 230 Vanderbilt Motor Parkway, Suite 300, Hauppange, New York 11788. Purpose: For any lawful purpose. 6X 9/1, 9/8, 9/15, 9/22, 9/29, 10/06/05 ~0681 Notice of Formation of ADLA ENTERPRISE, LLC, a domestic Limited Liability Company (LLC). Articles of Organization filed with Secretary of State on 6/30/05. NY Office location: SUFFOLK County. Secretary of State is designatedas agent upon whom process against the LLC may be sewed. Secretary of State shall mail a copy of anyprocess against the LLC sewed upon him/her to C/O DENNIS REISS, ESQ., 67 RANDALL ROAD, WADING RIVER, NY 11792. PURPOSE: To engage in any lawful act or activity. 6X 9/I, 9/8, 9/15, 9/22, 9/29, 10/06/05 {0691 GATZ ENTERPRISES LLC Notice of formation of the above Limited Liability Company ("LLC"). Amcles of Organization filed with the Secretary of State of NY C'SSNY') on 8/1/2005 Office location, County of Suffolk SSNY has bccn dcsignated as agent of the [.LC' upon whom process agaaist it may bc scrvcd. SSNY shall mail a copy of any such process to: The LLC. P.O. Box 45, Mattituck, NY 11952. Purpose: any lawfid act. 6X 9/8, 9/15, 9/22, 9/29. 10/6. 10,'13/05 (071 / NOTICE OF FORMATION OF LIMITED lIABILITY COMPANS'L NAME: TANNER REALTY, LLC. Articles of Organization were filed with the Secretary of State of New York (SSNY) on 08/29/05. Oftice location: Suffolk County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shal! mail a copy of process to thc LL£, 679 North Magec Street, Southampton, NY 11968. Purpose: For any lawfulpurpose. 6X 9/8, 9/15, 9/22, 9/29, 10/6, 10/13/05 (072) NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: BARODA AGAWAM, LLC. Articles of organization were filed with the Secretary of State of New York (SSNY) on 08/30/05. Office location: Suffolk County. SSNY has been designated as agent of the LLC upon whom process against it may be sewed. SSNY shall mail a copy of process to the LLC, c/o David C. Bohnert, 2049 Century Park East. Suite 2151~ Los Angeles, Cali/bmia 90067, Purpose: For any lawful purpose. 6X 9/8. 9/15,'9/22, 9/29, 10/6, Thursday, September 22, 200f 1,g,'-I 3/05 (073) NOTICE OF FORMATION OF L1MITED LIABILITY COMPANY. NAME: ARCADIA CAPITAL FUNDING, LLC. Articles of Organization were filed with the Secretary of State of New York {SSNY) on 05/19/05. The latest date of dis- solution is 12/31/2090. Office location: Suffolk County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail a copy of process to the LLC, 430 Salt Marsh Lane, Pcconic, New York 11958. Purpose: For any lawful purpose. 6X 9/15, 9/22, 9,/29. 10/6, 10/13. 10/20/05 (078) NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: S.A.K. MANAGEMENT CONSULT- ING, LLC. Articles of Organiza0on were filed with the Secretary of State of New York ISSNY) on 09/02/05. Office location: Suffolk County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail a copy of process to the LLC. 220 Flying Point Road, Re. Box 909, Water Mill, New York 11976. Purpose: For any lawful purpose. 6X 9/15, 9/22, 9/29, 10/6, 10/13. 10/20/05 (791 LEGAL NOTICE The annual meeting of the Orient Mosquito District will be held on Tuesday, October 4, 2005, at Poquatuck Hall, Orient at 7 p.m. The purpose of the meeting is to elect officers and to transact any other business that might be brought before the meeting. 1X 9/22/05 (090) NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: WON- DERFUL WHEELS LLC, Articles of Organization were filed with the Secretary of State of New York (SSNY) on 03/22/05. Office location: Suffolk CounB,. SSNY has been designated as agent of the LLC upon whom ]0recess against it may be serveo. SSNY shall mail a copy of process to thc LLC. c/o Bennett & Read Escs '1~ Wmdm~ Lane, Southamptml~ New York 11068. Purpose: For any lawful purpose. 6X 9/22, 9/29, 10,/6, 10/13. I 0/20. 10/27/05 (091) NOTICE OF ANNUAL MEETING Eastern Long Island Huspitai Association 1905 Enterprises, inc. Thursday, October 6, 2005 at 3:00 pm. Conference Room Eastern Long Island Hospital, 201 Manor Place, Grcenport, NY 11944 2X 9/22, 9/29/05 (0921 NOTICE OF NON- DISCRIMINATION POLICy GREENPORT, NY 11944 It is the policy of San Simeon by the Sound not to discriminate because of Race, Creed, Religion. Color, National Origin, Sex, Gender, Handicap, Disability, Blindness, Source of ~Sponsorship, Source of Payment, Marital Status, Age, Sexual Preference, Genetic predisposition or Carder Status m employment, military status, or in the administration, retention and care of resident. IX 9/22/05 (093) NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: SOLID SURF CO., LLC. Articles of Organization were filed with thc Secretary of State of New York ' I, Legals from preceding page refundable. The fee for an Administrative permit shall be fill? dollars 1550]. For structures that have been previously built without a permit the fee will be doubled. Ifa pre-application site visit is requested, the feel shall be fifty dollars I$50). Dock and float fee: Every application for a new dock or float shall includes fee equal to $3/fl of linear length' for resi- dential docks and $3ft for com- mercial docks. Commercial docks are any structures that are rented, leased or otherwise used to gcncrate income including, but not limited to, those structures located un properties zoned Ml and M2. { 97-23. Processing ofapplica- Zion. A. Pre-Submission Conference. A~plicants are encouraged to schedule a volun- tau/ Pre-submission site visit to discuss the proposed operations with the Board, Discussions in the field are pnrel7 advisory and non-binding but this meeting is intended to facilitate communica- tion between the applicant and the Board. Them will be a fifty dollar ($50) ~ fee for this con- ference. {} 97-25, Contents of permit. Eachperrnit issued hereunder by the Clerk pursuant to a resolu- tion of the Trustees shall be valid for a period of two (2) years from the date of approval. Said permit may be renewed for two consec- utive one year periods at the dis- erotica and review of the Board. Each permit shall state the fol- lowing: I/,L A statement that: "The permittee is required to provide evidence that a copy of this Imstee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed msthcfiun to the deed of the subject parcel. Such evidence shall be provided within ninety (90/calendar days of issuance of this hermit" d 97-27 Construction and eration Standards A. General. The following standards are required for al} operations within the jurisdiction of the Trustees: (4) Fences. In general, fences are prohibited from teaches and wetland areas. Trustees reserve the right to permit erection of a fence where the applicant has shown that there is a need to pro- tect their private property. In these rare cases, Oouly split rail fences are allowed on b~aches. Fences on beaches Such fences shall be peq~undicular to the waterline and not ~ 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 o larger than twelve (12) inches by twelve (121 inches square. (6) Decks and platforms. No decks or platforms shall be per- mitted on or near 6luffs. Platforms associated with stairs may not be larger than ~ !3~,),~ss[~re feet 3~xtgzn (l~l 1~ No structures on beach- es. bluffs or dunes unless approved by the Board at its dis- cretion based on their site inspec- ti{on. B. Shoreline Structures. The following standards arc required for all operations relat- ing to shoreline structures on res- idential properties. Qperatious conducted on propemes zoned MI or M2 may be given greater flexibility in these requirements given the water dependent nature of their use. { I ) Bulkheads~ Retaining Walls, Revetments and Gabions. (al Only in place replacement of existing functional bulkheads (as defined in § 97-1 l) is permit- ted. In-kind replacement relates to the position and dimensions and docs 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 thc original, only if such placement will not project the proposed structure seaward of adjacent, neighboring structures and if thc proposed installation is in close proximity to the originaI .structure. Any subseq.uent repmr or replacement following the first replacement requires thc structure to be built on or landward of the original structure. {b) Bulkheads on the Sound shall only be permitted when thc 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. Id) All bulkhead construction and renovation work requires the establishment of a permanent non-tuff buffer as defined by § 97-11. (el Retaining walls are not per- mitted unless excessive erosion can be demonstrated. If) In order to prevent the release of metals and other con- Iarninants into the wetlands and waters of Southold, the use of lumber treated with chromated ,c, opper arsenate (also known as 'CCA"), creosote, pants prod- ucts or homemade wood preserv- atives is prohibited for use in sheathing and decking. Preservanves of any type includ- ing but not limited to those listed above cannot be. applied to any bulkheads, retamtng walls or revetments after installation. These matrictiotm ac not apply to struotur~ proposed hnd,tmrd of the wotlund boundm% Encapsulated pilings or native non chemically treated/untreat- ed/ lumber only should be used in sensitive areas. (g) The use of tropical hard- woods is not permitted unless Jt is certified by the Forest Stewa:rdsl3ip Council or similar O arnzfltlon. ~gl~) New bulkheads in creeks and bays are prohibited, unless the operation mvulves construc- tion of a low-sill bulkhead. (il Machine excavation is pro- hinted in tidal and freshwater wetland areas. 0) Individual residential stairs are prohibited on bluffs if thc pro. petW is .part of an association that maintains a common stair- way within a reasonable distance. (k/ No dischame pipes are allowed out of or over bulkheads unless penuitted by the Trustees. 11) L~ghting: Any and all lights associated with bulkheads, ~wall or poles in Tmstee jurisdictJun must be directed on the subject structure and not out into thc adjacent wetland, water- way or property. Lights shall not be on unless the waterfront is in active u~,e. Im] Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage. asphalt.and C&D materials are strictly for- bidden for usc as backfill Bettind bulkheads. C. In Water. Thc following standards are required for all in water opera- tions adjacent to residential prop- erties. Operations conducted on groperties zoned MI or M2 may e given greater flexibility in these requirements given the water dependent nature of their USC, (l/ Jetties and Groins. General Rules (al Only low-profile jetties as defined in ~ 97-11 will be permit- ted (b) Only in place replacement of existing Iow-profile functional jellies andgroins (as defined in § 9% 11 ) is permitted. (c) Pre-backfilling of jetties and groins may be rcqmred. Id) In order to prevent thc release of metals and other con- taminants into the wetlands and watcrs of Southold, the use of lumber treated with chromated ~oppcr arsenate (also known as ~CCA"/, creosote, penta prod- ucts or homemade wood preserv- atives is prohibited for use in sheathing and decking. Preservatives of any type includ- ing but not limited to those listed above cannot be applied to any jetty or groin after installation (el The usc of tropical hard- woods is not permi~ed unless it is certified by the Forest Stewardship Council or similar organization. (fl No new jetties or groins will be permitted unless the work results in a net decrease in the total number of jetties in the sub- ject area. /r') All applicants fur jetties and grdivs extending across the fore- shore shall be required to give and maintain a public passing way. on the upland, not less than five (5) feet ~n width, to enable pemons If pass and repass over said structure by steps or a ramp allowing pedestrian passage. (2) Docks (al 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 potep, tial adverse impacts to navigation, public safety, waterway 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 thc construction of docks. 11. Personal watercraft or "jets- ki" floats cannot be added to any fl0aL stairway, or dock. without a Trustee Permit. 12. Lighting: Any and ali lights associated w~th dbcks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active 13. Utilities and Water: [f power and/or water are to be ~nstalled on a dock, plans for the installation must be provided to the Trustees at the time of appli- cation. Installation of such amenities on an existing permit- ted dock requires obtaining a per- mit amendment from the Tr~st~es, (b) Dock Locations and Lengths l.No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fish- eries, shell fisheries, scenic quai- lW, habitats or wetland areas. 2. Within creeks and other nar- row waterways, no dock length shall exceed l/3 the total width of the water body. Determination of the length of the dock must include thc dimensions of thc 3. Prohibited Locations and Activities la] Given the unique and sensi- tive natural environmental char- acteristics described in the q\~wn of Southold Local Watcrfront Revitalization Plan and the New York State Department of State Thursday, September 22, 2005 Significant Habitat descriptions, no new docks will bepermitted, over vegetated wetlands or such that it causes habitat fragmenta- tion of vcgctatcd wetlands, m Downs Creek, Hallocks Bay, Hashamomuck ('reek and Pond and West Creek [bi,Machine excavation is pro- hibitcd in tidal or freshwater wet- land areas. lc] Placement of fi:nce, mesh or other material preventing passage under docks is prohibited. [d] No ft. qoating docks, otkcr floats, and dock components, ~ duck blinds or bo4Ls shall ~ be stored on tidal wetlands, other intertidal arcas or freshwater wet- lands. (c) Regulations for the Placemenl and Configuration of Docking Facilities 1. Residential Docks: Iai Only one dock or mooring is permitted per residential lot. lb] Il' any part of a residential dock structure includes a float or floating dock. the float nr floating dock portion shall be designed so that, with the exception of the pil- ~. it is no larger than six (6) feet ~ide 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 dur- ing a normal low tide. lc] In determining the permit- ted length of a proposed residen- tial 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. ltl 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. tel All excess fill fi.om installa- tion of pilings must be removed from tidal or freshwater wetland area on the same day as installa- tion and disposed of in an approved upland disposal area. ltl Tie off poles associated with residential docks will only be permitted to secure one (1) ves- sel. If the dock utilizes a float thc poles shall not project farther seaward than thc outer edge of the float. If a float is not used the pole(s) can be situated seaward of the end of thc dock sufficient [gl Only one hand rail isper- m~tted on a residential dock unless the need for two is demon- strated. Rails shall not be higher than three 13) feet above the sur- lhcc of the dock and posts shall not be placed closer than 6 feet on center or larger than 4"x 4" in dimension. [h] Residential catwalks and ramps are limited to four (4) feet in width. ltl Residential boaflifts, float- ing or fixed, are prohibited. ARTICLE IlL Administration and Enfomement § 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 viola- tions of this Chapter. § 97 32. Notice of violatian. ,~ Whenever thc Director of Code Enforoomom ar I?my Constable have reasonable grounds to bolie~c that opera tions rcgulatod hereby are being conducted in vioIQtion of thc pro visions of this ohQpter or not in compliance with a permit i~mcd pursuant to this chapter, hc mu5' nettle, thc owner of thc proporty~ or the owner's agcat or thc.per sun p~,d'orming such operations, ~ Traveler ~rhtehman ~ 2lA to suspend all oparation~s; and any such person shall forthwith coast operations until such notice of violation has boca rescinded. Such notice 3hall bo in writing~ shall sp~i$' thc viola tion and shall stQtc thc eondi tions, which mura be complied with and thc time within which compliance tnu~ be enmploted before opcration:t may bo rcqumal. Such notiec shall also intbnn thc person to e,'hom it is directed of his right to apply fist a hearing before thc Tmcacos, as hcroinaftor provided. Such notice shall bc :tep,'ed upon the person to whom it is directed by delivering it to him pcrsunally or by ptvsting thc :tame in a oonapicuom~ place thc premise whore operation's arc being conducted and mailing a enp}, ther~f tn such pcrsun by ccmfied mail to his last known t~ Thc Direstor of Cftc Enforcement or Bay Constable may extend the time of compli anco apccificxt in tho notice of violation where thoro is ovidcnee of intent to comply within tho time specified and conditions exist which prevent immediate In thc event thut thc per son upon whom a notice of viola lion has been sen~d shall fail to comply with :aid notice within thc time specified therein or within thc amc specified in any extension of time i~ued by the Direoter of C~dc F:nforeoment or Bay Constable, an), permit i~aued to sunh poraun pursuant to thi-a chapter shall bc doomed ,~. It shall be unh}wful for any person served with u notice of violation pursuant to § 97 31C to fail to comply with :arch ,~ 97 33. Itearing on violation. ~,~ Any person affected by a notice of s'iolation irmued ~uant to thc prooethng sootmn he, roof may roqu~t and shall bc ~.runtod n hearing before tho lrustoe& provided that aueh per son shall file n vMtten requ~t therefor with the Clerk within 10 days afl, or service of thc notice of violation. Such request shall have annealed thereto a osp-y of the ootioe o/f, violution upon which hare'ins is requested and shall scl tbrth ti~c re~,sons why such notice of violation should be modified I~ Thc Clerk shall present such request to tho Trustec~ at its next regular moo{ins. Thc Trustees shall :Jet a nme and place for ouch hearing and shall give the person requesting thc same at least arc days' notice of the time and place thereof. C-:. At such hearing, tha ~grson requesting tho samc, or m rcprcnwnmtlVO, shall bc givan an opportunity to show why :uoh notice of violation should bo modified or rescinded. After such hosting, tho Trustees may gu*stain, modify or rescind such notice of violation, or revokc an), permit previously i~aued, and shall spomfy tho rca t~ Thc notice of violation for which a hearing is requited shall continue in effect pending thc hearing and determination of § 97-34. Compliance reqnire- mcnts and penalties tbr offenses. A. It shall bc unlawful for any. carter, owner, occupant, builder, architect, contractor or their agents or any other person to t:ai[ to comply with any provi- sions of this chapter or to fitil in any manner to comply with a written notice, directive or order of thc Director of ('ode Enforcement or Bay Constable or See Legals next page~, 22A ~ Traveh, r tI~tchman ~ I, Legals from preceding page to conduct any operation in u manner not in compliance with a pemfit issued pursuant to this chapter g. Fnr each oftL'nse against any' nf the provisions et this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Entbrcement or Bay Constable w/thru the time fixedfor compli- ance therewi~, the owner, occu- pant, buff&r, arch/IteL contrac~ tot or their agents or any mher person who commits, rakes pa~ or assists in the commission of any such o~bnse or who shall fail to comply with a written order or notice of &e Director of Code Enforcement or Bay Constable shall be sub cci to the lbllowing tine schcd~ c. Each day on which such violation occurs shall constitute a separate, additional (1} Failure to obtain a per- mit. Any person conducting operations w~thin the jurisdiction of the Trustees without rirst obtaining a pe~n/t according to thc procedures out- lined in this chapter shall be sub- ject to fine of not less than $1,000 and not more than $4.000 or a term of imprisonment of not less than fiaeen (15} days nor more than six (6) months, or both: Failure to comply with thc te~s of a permit. Any person failing to com~lv with the te~s ofa pe~}t shall be subject to fine of not less than $500 and not more than $1,000. For each sub- sequent oflbnse, the violator shall be ~ilW of a misdemeanor pun- ishable by a fine not less than $1,000 nor more than $2d)00 or a te~ of imprisonmant of not less than fifteen (15) days nor more than six {6) months, or both: Failure 1o heed a cease and desist order. Any person con- ducting operations in direct con tradictum to the tcnns of a cease and desist order shall be suhject to fine nf not less than $ I ~ and not more than $2,0~). For each subsequent ogcnse, the violator shall be gullW of a misdemeanor punishable by a fine not less than 51.000 nor more than $2,000 or a le~ of imprisonment of not less th~ fifteen (15) days nor more than six (6) months or both (4) Restoration. In lieu or in addition to the~ punishments, any offender may be punished by bemg ordered to restore tho aflkcted wetland to its condition prior to thc offense. Any such order shall spcci~ a reasonable time for thc complefion of such restoration, which shall be e~kct- ed under the supe~ision of the approving authonW. The Trustees rescue thc right tu require specific re-planting and restoration methods including sppcific sun'ivabiliw and success criteria. Mitiga0on. When on-site wet- lands restoration and creation may be un/kasiblc due to technL cai or other constraints~ other mit- /galive measures such as o~Lsite wetland rcsloration or creation may be required. C. No new peru)ils will be issued to any cadet owner, occu- pant, builder, architect, contraclor or their a~clltS if thcv arc named as defcndhnts in an o~tstanding or unresolved xkcthtnd violal/on Il. In addition to the abovc- nnwided penahics thc fins/cos hx]~ also. if anthorized b> tile nr proqccdmg in thc nan]c of file jtmrisdiction u, compcl compli- lion the v/ohuion oflhJs ['Jla ~tcn II 1. SeverahilJ~). If any chmsc, sentence, para Thursday, September 22, 2005 graph, sectian, or part of this Eocal Eaw shall be adjudged bv any court of ~ompctcnt jurisdiC- tion to be imalid, the judgment shall not aflbct the validity of this law as a whole or any pan thereof other than the part so decided to be unconstitutional or invalid, IV. Effective date This Local Law shall take eftbct immediately upon filing with the Secretary of State as provided by /aw. Da,t~ed: September 19. 2005 B'~ ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk [ X 09/22/05 (097) LEGAL NOTICE NOTICE OF PUBLIC HEAR1NG NOTICE IS HEREBY GIVEN there has been presented m thc Town Board of tile Town of Southold, Suffnlk County. New' York, on the 10th day of September, 2005, a Local Law entitled, "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold": AND NOTICE IS HEREBY FUR- THER GIVEN that thc Town Board of the Town of Southold will bold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York. on thc 4th day of October 2005 at 2:00p.m. at which time all inter- estedpersons will be given an opportunity to be heard. The proposed local law enfifled, "Temporary Moratorium on the Processing. Review of. and making Decisions on applica- tions f~r Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold" reads as follows: LOCAl, I.AV~' NO. 2005 Temporary Moratorium on thc Processing~ Review of. and mak- ing Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold BE IT ENACTED BY, thc Town Board of thc Town of Southold as follows: Section I. PURPOSE AND INTENT The Town Board is considering the important recommendations of the recently adopted Hamlet Study and the Planning Board, but is faced at thc same time with pending and proposed applica- tions for development of retail, formula, and "big box" type development which could bc detrimental tu thc character and sustainability of the hamlet cen- ters. Thc '[own Board recognizes that the existing Zoning Code is inadequalc to deal with these chain and hrge-scale businesses thai have been and will, in thc Tuwn. tile scale of its existing buildings, thc traflic and tmns- the lown las ~.'1 tiTnh~ itl thc reccnll~ adopted Ham,Icl Study ami otaer past phummg stadic~) I/mils should be established lo Il is critic:d that IJlc issues Dc ncr, cruO.~,l legislati¥¢ deqisions made and ~hose decisions imple- mented. The Town Planning Board and ?lanniu~ Department are currently work'mg with thc Town Attorncy to review the retail uses, sizes, and locations to update and create new legislation that wiI[ comprchensiwly meet thc long-range goals of thc Town~, Thc Town Board finds that it L reasonable and in the public inter- est to temporarily suspend [~e application process for larger retail stores so that it has adequate 6mc to examine, assess and address these uses that would oth- e~wvise be detrimental to the com- munity. For fl~e reasons stated above and to permit the Town Board to decide on and enact needed legis- lation, this moratorium is neces- sary. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of Ninety (90/ Days following the effective date of this Local Law after which date this Local Law, shall lapse and bc wit}rout ihrthcr lbrce and effbct and subject to any other Local Law adopted by the Town Board during the Ninety 190) Day period: the Planning Board shaU not acci,~t for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be sub- jcct to the time periods specified in Town Law ~ 274-a and Article XXV of thc Southold Town Co(lc, including without limita- tion, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locMly-cnactcd" time perifds ibr processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in eflbct. All terms used in this Local Law are as defined in § 100-13 of the Code of the Town of Southold. Thc Zoning Board of Appeals shall not accept for review, con- tinue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a RETAIL STORE over 3000 square feet, whether submitted .prior to or after the effective date of this law, and shall not be subject to the time periods specified' in Town Law ~ 274-b and Chapter 100 of thb Southold Town £( dc, incl.u~ting without limitation, promsmns relating to the, processing. reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects nf said special exception uscpermits are suspended and stayed while this Local Law is in effect. All ten'ns used in this focal Law are as defined in 55 00-13 oftheCode of the Town of SouthohL Section 3. APPLICATION This h/cai law shall apply to AfL Inew or pending] applica- tinns Ibr site plans nr special RETAIL STORES mcr 300(I SuuthokJ. Scclion 4. EXC'LUSItJNS This Local l.aw shall riel apply Site plans lbr Milch thlal or ctmdit/onul final apl*ro\al Was Additions to exist/ne rclaiJ stores pro~ idcd saki addilmn xx ill area of said business in excess of 3000 square tbct, and further prn- vidcd such addition to rutafi store does not include a drive-through component: W~neries: Agricultural operations and accessory uses thereto. Section 5. CONFLICT WITH STATE STATUTIiS AND AUTHORITY TO SUPERSED[ To the extent that any prov~- Sions of this Local Law arc in conflict with or are construed as inconsistent with the provision of New York State Town [.aw, this Local Law supersedes, amends and takes precedence over NYS Town Law pursaant to the Town's municipal home role powem,pur- suant to Municipal Home Rule Law ~ 10( Il(ill(d)(3 10( l )( i i)ta}( 141 and ~ 22 to super- sedc any inconsistant authofi~. In pa~icular, to thc extent and dcgree any provisions of this Local Law aru cons~ed as being inconsistent with the provisions of Town Law ~ 274-a. ~274-b and the provisions and requirements set fo~h in Ch~tcr I00 of Southold Town Code, which require that the Pl~ning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site vlans and special exception use permits wi~in specified time periods, this local law suspends and smvs the running of time periods for pro- ccssing, revkew, kolding hcanngs o~, making decisions, and t~ing action on such applications pro- vided for in those laws and is intended to supersede ~d ~end any said inconsistent authority. Sccfion 6. APPEAL PROCE- DURES_ a. The Town Board shall have the authori~ tu va~ or waive the application of any pro- vision of this Local Law ilk in its legislative discretion, upon its determination, the variance or ~aivcr is required to alleviate an extraordinary hardship affecting a parcel of pro~y. To grant such request, the Town Board must find that a variance or waiver will not adve~ely a~kct thc puq*ose of this l~al law, thc health, safe- ty or welfi~re of thc Town of Southold, or any comprehensive pnlmming eflb~s being unde~qken the Town. The Town Board shall ~ke into account the exist- ing land use in the immediate vicinity of the prope~W, the range of business oppommities in the viciniW of the prope~ m~d the surrounding hamlet, the rural, cultural, lnstoric and business character of the hamlet, and the impact of the variance or waiver on thc open and recreational space, ann transpo~tion in~a- s~ucture of the Town. ~e appli- cation nmst comply with all other applicable provisions of thc Southold Town Code. b. Any request lbr a vari- ance or waiver shall be riled with thc Town Clerk and shall include a fee of lwo hundred fifty ($250.00) dollars for the process- lng of such application, akmg with copies of mc site develop- mant phm and any related intbr- matkm required in accordance wilh thc procedures scl tb~h Chaplcr 109 of the Southnhl Town Code. c. All such appl/cations sh'd) ~ ithin five (5) davs et'fijian ~[i h the Town ( Icrk be re ca'ed lo thc Phmnmg Board. which shaw Nmve ten (I0) days lbllmving Law. J'l~c ap ~/icalion and rccom- II/ilkc d 1]11~1] decision on thc application. With or ~Jlhout corl- dilions. Final appro~ aJ reserved to thc absmutc lclb{sla- tire discrution of thc Town Board Section 'L SEVERABII.ITY If any clause, sentence, para- graph, section, or part o~ this Local Law shall bc adjudged by m~y court of competent jurisdic- tion to be invalid, the iudgment shall not effect the vali&ty of this law as a whole or any part thereof other than file part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effcta immediately upon filing with thc Secretary of State. Dated: September 19. 2005 BY ORDER OF THE TOWN BOARD OF TtfE TOWN OF SOUTHOLD Elizabeth Ncvillc Town Clerk IX 09/22/05 (0981 PUBLIC NOTICE Thc resolution, a summary of which is published herewith, has been adopted on thc 16th day of August, 2005, and an abstract thereof has been published and posted as recruited by law mid the period of ti ~as elapsed for the submission ~..,d filing ora petition for a permissive referendum and a valid petition has not been sub- mitted and filed. The validity of thc obligations authorized by such resolution may be hereafter contested only if such obliga- tions wcrc authorized for an object or purpose for which the TOWN OF SOUTHOLD, ill the County of Suffolk, New York, is not authorized to expend money tlr J f the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or prnceeding contesting such validity is commenced within twenty days after the date of publication of thc notice, or such obligations were authorized in violation of the provisions of thc constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005~ AUTHO- RIZING TttE CONSTRUC- TION OF A NEW TOWN ANI- MAL SHELTER, IN SAID TOWN, STATING THE EST[- MATED MAXIMUM COST THEREOF IS $2.600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTBOR1ZING TIlE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town of Southold, including demolition of thc existing shelter, purchase of the orig/nal lhrnishings equip- meat, machinery and apparatus rcqnired and grading and improving the site Amount of obligations to be/ssucd: $2.n00J)00 Period of probable useth[.-,c,~, fifteen ~)5) vents A ct.' '" of thc bond shall hc a,,ailable ~hr nubile inspccthm during normal' busi- To',xn t')crk, at the Fown lla)). 5~()95 Main blrecl, qotttho]d, I)alcd: ,\ugqst )6, 2005 Soulhohl, Ncx~ ~rbrk BY Ol'.I;l!f~ ~)F THI TI}WN II(lARD t L' T/JE TOWN OF SO[!TItOI :~. ('OUN)Y OF Y()RK ~;'!; ' :b~.'tll A. Nevilln · hold lbwn ('lcrk ~ 09/224)5 (099) 22A - Traveler Watchman ~ Thursday, September 22, 2005 Iq.~dalsfrom preceding page graph, section, or part ol' this Local Law shall be adjudgcd by any court of competerit jurisdic- to conduct any operation in a tion to be invalid, thc judgment manner not in compliance w/th a shall not aff~2ct the validity of this pcmfit issued pursuant to this law as awholc or any pan thereof ct~aptcr, othcr than thc pan so decidcd to B . For each offense against be unconstitutional or invalid. any of the provisions of this IV. Effective date chapter or any regulations made This Local Law shall take effect pursuant theretn, or failure to immediately upon filing with the comply with a written notice or Secrcta~. of State as providcd by order of any Director of Code law. Enfi)rcement or Bay Constable Dated: September 19, 2005 within the time fixcdfor compli- BY ORDER OF THE TOWN ance therewith, lhe owner, occu- BOARD OF THE TOWN OF pant, builder, architect, contrac- SOUTItOLD tur or their agents or any other Elizabeth Neville person ~vho commits, takes part Town Clerk or assists in the commission of 1X 09/22/05 (097) any such offense or who shall fail to comply with a written ord~er nr notice of the Director of Code Enforcement or Bay Constable shall bc subject to the following fine schedule. Each day on which such violation occurs shall constitute a scparate~ additional offense. (I) Failure to obtain a per- mit. Any person conducting COUNTY OF SUFFOLK operations w~thin the jurisdiction of the Trustecs STATE OF NEW YORK ss: without first obtaining a permit according to the procedures out- Nancy M. Mclaughlin, being duly lined in this chapter shall be sub- swom, says that she is the Legal jccttofincofnotlessthan$1~000 Advertising Coordinator, of the Traveler and not more than $4,000 or a term of imprisonment of not less Watchtnan, a public newspaper printed than fifi.een (15) days nor more than six {6) months, or both; at Southold, in Suffolk County; and that Failure to comply with thc the notice of ~vhich the annexed is a temps of a permit. Any person tailing to comvlv with thc terms printed copy, has been published in said ofapermitshallbesubjec, tofine Traveler Watchman once each week of not lesS than $500 andnot fur ..... / ..... week(s) , .successively, more than $1,000. For each sub- sequent offense, the violator shall comm~mctng on ~,.... ~ .'..~. ..... day of be guilty of a misdemeanor pun- ... ~0Cr5. ishable by a fine not less than Sl .000 nor more than $2,000 or a /,/ ~ /. , /,~,/." ,'(, .~,/~,~;/~'-- / term of imprisonment of not less "',2':'/" ~'''" ] ..................' ......... -" '" ' '/%" than fifteen (15) days nor more ,' //Y?/ 'I / / than six (6) months~ or both: ? / Failure to heed tt cease and desist order. Any person cnn- ducting operations in direct con- tradicnon to the terms ofa ceasc Sw~3rn to before me this :..x,,~.'..day of and desist order shall be subject to fine of not less than $1000 and .,:,~[~'.,tq, 7~d~'tf~.6:{...~..,,~ ,-- 2005. not more than $2,000. For each subsequent offense, thc violator c_~ - ~ ,- . shall be gmilty of a misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 or a .... 4... 33&',...;..~..,., 5¢- ......... term of imprisonment of not less Notary Public than fifteen (15) days nor more than six (6) months, or both: (4l Restoration. In lieu or in addition to these punishments, Emily Itamill an}, offender may be punished by NOTARY PUBLIC~ State of New York bemg ordered to restore thc affected wetland to its condition prior to the offense. Any such order shall specify a reasonable time for thc completion of such restoration, which shall be effect- ed under the supervision o[ the approving authority. The Trustees reserve the right to require specific re-planting and restoration methods including specific survivability and success criteria. Mitigation. When on-site wet- lands restoration and creation may be unfeasible due to techni- cal or other constraints, other mit- igative measures such as ofttsite wetland restoration or creation may bc reqnircd. C. No new permits will be issued to any caner, owner, occu- pant. baildcr, architect, contractor er their agents il'thc,, arc named as defendants in an o~-~tstandin~ or dnlcsol'~ed wetland violation. l) In addition to tile above- pm~idcd penallics, thc lYnstccs may also, if authorivcd by the [own Bnard. mainlain an action .r proceeding in thc name oF thc ~nrmdiction t[~ cnmpcl conlpli- anco with or I~ rcstran~ b~ injunc- I II. Severahility. No. 01 HA5059984 Qualified in Suffolk County Commission expires May 06, 2006 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been present- ed to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of September, 2005 a Local