HomeMy WebLinkAboutChapter 275: Wetlands & Shoreline O~'VICE LOCATION:
Town Hail Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Supervisor Scott Russell ~
Town of Southold Town Board
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: March 19, 2010
Re: A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline
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 (LWRP) Policy Standards, Based upon the information provided to this
department as well as the records available to me, it is my recommendation that the
proposed action is CONSISTENT with the LWRP Policy Standards and therefore is
CONSISTENT with the LWRP.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in
preparing its wdtten determination regarding the consistency of the proposed action.
Cc: Martin Finnegan, Town Attorney
Jennifer Andaloro, Assistant Town Attorney
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 Pm!eot Sponsor)
1. APPLICANT/SPONSOR 1 2. PROJECT NAME
Town of Sou&old [ Amendments to Chapter 275, Wetlands and Shoreline
3. PROJECT LOCATION:
Municipality Sou&old County Suffolk
4. PRECISE LOCATION (Slmet address and road IntsrsectJons, pmminant landmarks, etc., or provide map)
Town-wide
5. PROPOSt:U ACTION IS:
6. DESCRi~-- PROJECT BRIEFLY:
A Local Law in relation to Amendments to Chapter 27:~, Wetlands and Shoreline
7. AMOUNT~F LANDAFFECTED:
Initially ~'~ acres Ultimately NA acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If NO, describe blteity
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[::] Residential [] Indusblal [] Commercial [] Agriculture [] PanVJForest/Open Space [] Other
All, action applies town-wide in areas subject to Board of Trustees jurisdiction.
10. D~b~ 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:
Nm&' York State ]:~artment of State approval is required for local law amendments.
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMff OR APPROVAL?
[] Yes [] No If Yes, list agency(s) name and permit/approvals:
NA
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
I-l.o
I ~c~<~ iI-Y THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Aaplicanl/apensor na me: Date: 3/19/10
Signature:
I If the action is in the Coastal Area, and you are a =state agency, complete the
Coastal Assessment Form before proceeding with this a_=_=essment
I
OVER
t
PART II - IMPACT ASSESSMENT {To be completed by Lead A~lency)
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.
F-'lYes r~'lNo
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 I~lNo
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answem may be handw'ttifen, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic peffem, solid waste production or dlspesel,
petsofJal for emsino, drainage or flooding problems? Ex~lain bdefly:
None
C2. Aesthetic, agricultural, archseolngical, histndc, or other natural or cultural mseurces; or community or neighborhood charactsf? Explain bifefly:
None
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
None
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or o{her natural mssurces? Ex~olaln briefly:
None
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bflefly:
None
C6. Long term, short tsn~, cumulative, or other effe~s not identified in C1 -C57 Explain bhefly:
None
C7. Other impecte (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: F~reachadvemee~ectidentitiedab~ve~determine~heth~ritissubstantia~~lerge~~mp~rtant~r~thenvisesigni~cant~ Each
effe~ should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreverslbility; (e)
geographic scope; and (f) magnitude. If necesemy, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identif'~l 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 charectedstics of the CEA.
Town of Southold Town Board
Name of Lead ,~eflcy
Scott Russell
Pdnt or Type Name of Respo~slbts Officer in Lead Agency
[] F~Fckan~rb~prxei~ay~ah~si~fe~r~rnorepetentle~ty~arg~rsigni~cantadverseimpectewh~chMAY~ccur~ 'l~enprecseddirectlytotheFUL
[] Chesk this box if you have deformined, based on the infommtion aod aneiysis abeve and anysupperting Ifocumentatlon, that the p~ actfen WILl
NOT result in any significant adverse environmental impects AND provide, on attachments as uacesemy, the reasons supporting this datermlnatfer
3/19/10
Signature of Responsible officer in Lead Agency
Supervisor
~tle of Responsible Officer
OI~-VICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
M3ILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Supervisor Scott RusSell
Town of Southold Town Board
From: Mark Terry, Principal Planner
LWRP Coordinato
r'
Date: February 18, 2010
Re:
"A Loca,I Law in relation to Amendments to ChaP, ter 275~ Wetlands and
Shoreline"
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 (LWRP) Policy Standards. Based upon the information provided to this
department as well as the records available to me, it is my recommendation that the
proposed action is CONSISTENT with the LWRP Policy Standards and therefore is
CONSISTENT with the LWRP.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: Martin Finnegan, Town Attorney
RESOLUTION 2010-158
ADOPTED
DOC ID: 5709
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-158 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 2, 2010:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 2nd day of February, 2010, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 275~ Wetlands and Shoreline" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public heating on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
23rd day of March, 2010 at 7:35 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~
Wetlands and Shoreline" reads as follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands
and Shoreline".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - In order to provide for the health, safety and welfare of the citizens of the
Town of Southold, and to protect the natural protective areas existing within the Town, it is
necessary to make certain amendments to Chapter 275. These amendments are intended to
support the protection of environmental features within the Trustees' jurisdiction, simplify the
permit process, codify and clarify policies and strengthen enforcement.
II.
Chapter 275 of the Code of the Town of Southold is hereby amended as follows:
ARTICLE 1
General Provisions
§ 275-4 Exceptions.
[§ 275-4 A(1) through (3) and (5) through (1 l) - text remains the same.]
A. The provisions of this chapter shall not require a permit for the following:
(4)
The ordinary and usual operations relative to residential horticulture within
Trustees' jurisdiction provided they are limited to the use of noninvasive native
species of vegetation. This exception does not include activity on a bluff. Re-
Resolution 2010-158 Board Meeting of February 2, 2010
grading and removal of trees are not considered such ordinary and usual
operations.
ARTICLE II
Permits
§ 275-5 Permit procedures.
[§ 275-5 B(1), B(2)(a) through (f) and (h) through (p) - text remains the same.]
B. Administrative permit.
(2)
The following operations will be considered for administrative review, in
accordance with the standards set forth in § 275-11. The Board of Trustees may
consider operations for administrative review other than those listed below if the
operations fall within the definition as set forth in § 275-5 B(1):
(g) The demolition, removal, relocation, repair and/or upgrading of existing fuel
tanks of less than 550 gallon capacity, fuel lines, fuel dispensers,
cesspools, septic systems, or sanitary wastewater activities, including
necessary site work, and provided that such activity will not have an
undue adverse impact on the wetlands and tidal waters of the Town.
(q)
An application for proposed aquaculture activity that includes surface
mounting gear in an area greater than five square yards.
C. Emergency permits.
The Trustees may issue a temporary emergency permit where specific exigent
cimumstances exist that may result in personal or property loss or damage. Upon
expiration of temporap/permit or before the date of expiration, the applicant must apply
for a permit as set forth in §§ 275-5, 275-6 and 275-7.
§ 275-7 Fees.
[§ 275-7 A through D and F - text remains the same.]
Dock and float fee. Every application for a new dock or float shall include a fee equal to
$3 per square foot ~ for residential and commercial docks. Commemial
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.
§ 275-8 Processing of application.
Updated: 2/2/2010 3:48 PM by Lynne Krauza Page 2
Resolution 2010-158
[§ 275-8 A through G - text remains the same.]
Board Meeting of February 2, 2010
Administrative permits. An administrative permit includes operations that are is-deemed
to have no adverse environmental ' ^~ '~ ..... .~,~ ~,~ .:,~ ,~,~.~ ~eo~ a- ....
impact ........................................ ,
and a public hearing and notice are not required prior to issuance ora permit. The final
decision will be made upon resolution.
§ 275-10 Contents of permit.
[§275-10 A through J and L - text remains the same.]
A statement that "The permittee is required to provide evidence that a copy of this
Trustee permit has been recorded with the Suffolk County -vv
Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel.
Such evidence shall be provided within 90 calendar days of issuance of this permit."
§ 275-11 Construction and operation standards.
[§ 275-11 A, B(1)(a) through (b) and (d) through (m) - text remains the same; §275-11 C(1),
(2)(a)[1] through [8] and [10] through 13 - text remains the same.]
B. Shoreline structures.
C. In water.
(2) Docks.
(a)[9] All applicants for docks, including catwalks and ramps, extending across the
foreshore shall be required to give and maintain a public passing way on the
landward end of the dock, ~, not less than five feet in width, to enable
persons to pass and repass around said dock or by steps or a ramp allowing
pedestrian passage.
§ 275-12.1. Stop-work orders.
The Bay Constable, Zoning Inspector, or Code Enfomement Officer is authorized to issue
stop-work orders pursuant to this section. The Bay Constable, Zoning Inspector, or Code
Enforcement Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Bay Constable, Zoning Inspector, or Code
Enforcement Officer to be contrary to any applicable provision of this chapter, or:
(a)
Any work that is being conducted in a dangerous or unsafe manner in the
opinion of the Bay Constable, Zoning Iuspeetor or Code Enforcement
Officer, without regard to whether such work is or is not work for which a
Updated: 2/2/2010 3:48 PM by Lynne Krauza Page 3
Resolution 2010-158
Board Meeting of Febma~ 2, 2010
Trustee permit is required, and without regard to whether a Trustee permit
has or has not been issued for such work; or
[§275-12.1 A(1)(b) -text remains the same.]
B. Stop-work orders shall:
(1) Be in writing;
(2)
Be dated and signed by the Bay Constable, Zoning Inspector, or Code
Enfomement Officer;
[§275-12.1 B(3) and (4) - text remains the same.]
Co
The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall cause the stop-
work order, or a copy thereof, to be served on the owner of the affected property, and if
the owner is not the permit holder, on the permit holder, personally or by certified mall to
the owner or permit holder and posting at the work site. The Bay Constable, Zoning
Inspector, or Code Enforcement Officer shall be permitted, but not required, to cause the
stop-work order, or a copy thereof, to be served on any or all of the following: builder,
architect, tenant, contractor, subcontractor, construction superintendent, or their agents,
or any other person taking part or assisting in work affected by the stop-work order,
personally or by certified mail and posting; provided, however, that failure to serve any
person listed above shall not affect the efficacy oftbe stop-work order.
[§275-12.1 D and E -text remains the same.]
ARTICLE III
Administration and Enforcement
§ 275-15. Coordination and enforcement.
The Director of Code Enforcement, Zoning Inspector, and/or the Bay Constable are responsible
for coordination and enforcement of the provisions of this chapter. The Director of Code
Enforcement, Zoning Inspector, and Bay Constables have the authority to issue violations of this
chapter.
§ 275-16. Compliance requirements; penalties for offenses.
It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their
agents or any other person to fail to comply with any provisions of this chapter or to fail
in any manner to comply with a written notice, directive or order of the Director of Code
Enforcement, Zoning Inspector, or Bay Constable or to conduct any operation in a
manner not in compliance with a permit issued pursuant to this chapter.
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, Zoning Inspector, or Bay Constable within the time fixed for
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Resolution 2010-158 Board Meeting of February 2, 2010
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 oftbe Director of Code
Enforcement, Zoning Inspector, or Bay Constable shall be subject to the following fine
schedule. Each day on which such violation occurs may constitute a separate, additional
offense.
[§ 275-16 B (1) through (6) -text remains the same.]
(7)
Other offenses. For an offense against any of the provisions of this Chapter not
specifically designated above, a violator shall be subject to a fine of not more than
$1,ooo.oo.
IlL SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: William Ruland, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
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