HomeMy WebLinkAboutAmendments to Chapter 275
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
MAlUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
MEMORANDUM
To: Town of Southold Town Board
Patricia Finnegan, Town Attorney /
From: Mark Terry, Principal Planner ~
LWRP Coordinator
Date: December 3, 2007 (revised)
Re: "A Local Law in relation to Amendments to Chapter 275"
The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of
the Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP)
Policy Standards. Based upon the information provided on the LWRP Consistency Assessment
Form submitted to this department as well as the records available to me, it is my determination
that the proposed action is CONSISTENT with the Policy Standards and therefore is
CONSISTENT with the L WRP provided that the following best management practices and
process recommendations are incorporated to further the below policy standards:
Bulkheads
S275-5. Permit procedures,
B. Administrative permit.
(2) The following operations will be considered for administrative review:
(j) The reconstruction of a permitted bulkhead as per ~275-11, which is to
replace an existing functional bulkhead, subject to the following:
[3] Any such activities shall require the addition ofa nonturfpervious
buffer area. not to exceed 20 feet wide as defiBed in ~275 2.
(n) Minor alterations to existing permitted shoreline structures including
i
stairs, bulkheads and docks.
To clarify the intent of the administrative permit process, and assist applicants in the
preparation of site plans; it is recommended that ~275-5.,B (2) U) [3] declare a minimum
bnffer width to protect the adjacent natural featnre. This recommendation supports and
fnrthers Policy 6.3. Protect and restore tidal a fresh water wetlands and sub-policy 6.3.D
(below).
6.3 Protect and restore tidal and freshwater wetlands.
D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in
order to ensure protection of the wetland's character, quality, values, and functions. The
adequacy of the buffer depends on the following factors:
1. Potential for adverse effects associated with the use. Uses such as those
involving hazardous materials, on-site sewage disposal, or mineral
extraction have high potential for adverse effects and may require
substantial buffer.
2. The nature and importance of the wetland and its benefits. Substantial
buffers may be necessary to avoid adverse effects from adjacent or nearby
uses based on the nature of the land use and the characteristics of the
affected wetland.
3. Direction and flow of surface water between a use and adjacent or nearby
wetland. Buffer widths may be reduced in areas where drainage patterns
normally do not lead directly to the wetland and where adverse affects on
the wetland, other than those due to runoff, are not likely.
4. Buffer width necessary to achieve a high particulate filtration efficiency of
surface runoff as determined by vegetative cover type. soil characteristics.
and slope ofland.
5. Other management measures or design alternatives to protect wetlands
from adverse effects where site constraints do not allow sufficient buffer
width.
In addition, it is recommended that the term "alterations" in ~275-5., B (2) (n) be defined.
The term "alteration" implies change in configuration, scale or design. Consider changing
the term "alteration" to "repairs".
Dredl!inl!
Comments on ~275-5" B (2) (p):
(p) Dredging work caused by the accumulation of silt from run-off or other
circumstances not the result of activity by or on behalf of the owner of the
property and in event at the discretion of the Board of Trustees.
To clarify the intent of this proposed amendments, it is recommended that the following
Chapter 275, Wetland and Shoreline, and Section 280.8 Effect of establishment of districts
regulations applicable to dredging be referenced by section or specified as conditions of the
process.
S 275-11. Construction and operation standards.
A. General. The following standards are required for all operations within the jurisdiction of
the Trustees:
(2) Erosion control. Installation of an erosion control structure is necessary during any
building, grading, landscaping or site work activity within Trustee jurisdiction. This
structure may include, but is not limited to, installation of a silt fence, hay bales, wood
chip berm and silt booms. The placement of the erosion control structure(s) shall be
determined by the Trustees or their designee. All intertidal construction and excavation
requires the installation of a silt boom that will retain all suspended sediments within the
immediate project area.
(3) Dredging.
(a) Creeks.
[I] Maintenance dredging (as defined in S 275-2) only is pennitted, unless the
applicant owns underwater land or the applicant is requesting pennission to
dredge in connection with installation of low-sill bulkheads.
[2] Dredging may be permitted when it can be demonstrated that the actions
of man have resulted in impairment to water quality or habitat value.
[3] Dredging in, or in close proximity to salt marsh vegetation (Distichlis
spicata, Spartina alterniflora or Spartina patens) or seagrass (Ruppia maritia or
Zostera marina) meadows is prohibited.
(b) Freshwater wetlands. Dredging of freshwater ponds may be permitted when it can
be demonstrated that such action will restore the water body to an historic
condition, improve water quality or habitat value.
S 280-8. Effect of establishment of districts
F. Notwithstanding the limitations imposed by any other provisions of this chapter,
no building, dredging or filling operation shall be permitted below the datum of mean
high water of tidal waters unless such building, dredging or filling operations have been
duly authorized and are conducted in conformity with all laws, ordinances, rules and
regulations of all governmental agencies having jurisdiction thereof.
The recommendations will further Policy 5.3. Protect and enhance quality of coastal waters
(below) and Policy 6.3. Protect and restore tidal a freshwater wetlands.
Policy 5.3. Protect and enhance quality of coastal waters.
5.3 Protect and enhance quality of coastal waters.
A. Protect water quality based on an evaluation of physical factors (pH, dissolved
oxygen, dissolved solids, nutrients, odor, color and turbidity), health factors
(pathogens, chemical contaminants, and toxicity), and aesthetic factors (oils,
floatables, refuse, and suspended solids).
,
B. Minimize disturbance of streams and creeks including their bed and banks in
order to prevent erosion of soil, increased turbidity, and irregular variation in
velocity, temperature, and level of water.
C. Protect water quality of coastal waters from adverse impacts associated with
excavation, fill, dredging, and disposal of dredged material.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its
written determination regarding the consistency ofthe proposed action.
Cc: Lori Hulse, Assistant Town Attorney
Kieran Corcoran, Assistant Town Attorney