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Home My WebLink AboutLL 2012 #06~HH~I Iml]~ll I~ll Ii I EM 3913736678 US , o-,~ '7- OLD NY 11971-09~9 ~ EXPRESS YOUR OPINION COUNTS Customer Copy other intormatio~ cal? 1-~O0-ASK-USPS. ************************************ ************************************ Bet your mai] ~hen and mhere you ~ant it mith a secure Pos~ Office Box, Sign up for a box on]imm at usps,com/poboxes. Bill#:lOOO2018265B2 Clerk:76 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER to: https://posta]experience,com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE ANDREW M. CUOMO GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99WASHINGTON AVENUE ALBANY, NY 12231-0001 CESAR A. PERALES SECRETARY OF STATE May 15, 2012 Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED M~¥ 21 2012 Southold Town Clerk RE: Town of Southold, Local Law 6 2012, filed on May 11, 2012 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 'A~A~iN.DO$.NY.GOV E-MAIL: INFO~DOS.NY.GOV Page 1 of 1 Cooper, Linda From: Bunch, Connie Sent: Friday, May 04, 2012 12~55 PM To: Cooper, Linda Subject: RE: Enact LL 6 of 2012 Notice Thank you From: Cooper, Linda Sent: Friday, May 04, 2012 11:51 AFl To: Bunch, Connie; Cantrell, Elizabeth; Cooper, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Toth, Vicki; Verity, Mike; Riverhead Town Clerk; Shelter Island Town Clerk; Southampton Town clerk Subject: Enact LL 6 of 2012 Notice 5/4/2012 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 4, 2012 Town Hall, 53095 Main Road EO. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net RECEIVED I AY 1 201 $outhold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on April 24, 2012: Local Law #6 of 2012: Local Law to amend Chapter 144 and Chapter 280 Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suftblk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Town of Shelter Island Southold Town Building Department PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK 05/14/2012 12:20 6312035605 TOWN CLERK PAGE 01/01 ELIZABETH A, ~ MMC TOW~ CLERK REOISTRA~ OH ~ITAL STATISTIC~ MAP~]AGI~ OFFICER I~ECORD~ OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~ Hall, 53095 Mai~ Road P,O. B~ 1179 $outhold. New York 11971 Fax (651) 765-61~ T~lephone (631) 76~-1800 sou~old~wn,~hfork.~et RECEIVED OFFICE OF THE TOWN CLERK TOW~ OF SOUU~O~ MAY 1 5 20~ May 4, 2012 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold ha~ Enacted the following Local Law listed below on April 24, 2012: Loc. al Law. 06 of 201.2.; Local Law to amend Chapter 144,.,a, nd Chapter 280 Please sign ',he duplicate of this letter m~d return ~ mc at your earliest convenience by mail or email. Thank you. Attacl~ncnts cc: Suffolk County Depadment of planning Village of Grccnport Email: Town of Pdverhead Town of Southampton Southold Town Planning Board Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Southold Town Building Department Signature, Received By. Please Prin~nan~e / Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 4, 2012 Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net RECEIVED I A¥ 1 0 2012 $outhold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the fo!lowin~g Local Law listed below on April 24, 2012: Local Law #6 of 2012: Local Law to amend Chapter 144 and Chapter 280 Please sign the duplicate of this letter and rctum to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Signature, l~ceived By ~ Please print name Town of Shelter Island Southold Town Building Department PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 4, 2012 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on April 24, 2012: Local Law #6 of 2012: Local Law to amend Chapter 144 and Chapter 280 Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Town of Shelter Island Southold Town Building Department Please print name Date: PLEASE SIGN AND ~TU~ TO SOUTHOLD TO~ CLE~ ELIZABETHA. NEVU J,E, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 58095 Main Road P,O. Box 1179 Southold, NewYork 11971 Fax (631) 765-§145 Telephone (631) 765-1800 southoldtown, nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 4, 2012 PLEASE TAKE NOTICE that the Town Board 0fthe Town of Southold has Enacted the following Local Law listed below on April 24, 2012: Local Law #6 of 2012: Local Law to amend Chapter 144 and Chapter 280 Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you, Attachments cc: Suffolk County Department of Planning Village of Oreenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Please print name Town of Shelter Island Southold Town Building Department PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETHA. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-~.800 southoldtown.nor~hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 4, 2012 PLEASE TAKE NOTICE that thc Town Board of the Town of Southold has Enacted the following Local Law listed below on April 24, 2012: Local Law #6 of 2012: Local Law to amend Chapter 144 and Chapter 280 Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Town of Shelter Island Southold Town Building Department Sig~.a,tur~, l~eceived By Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 4, 2012 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on April 24, 2012: Local Law/t6 of 2012: Local Law to amend Chapter 144 and Chapter 280 Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. you. Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Thank Email: Town of Riverhead Town of Southampton Southold Town Planning Board Town of Shelter Island Southold Town Building Department ' 'Si~tpre, Recei~v~l'By, Pleo~e print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ~9/1171995 16~21 ~317493436 $ I TOWN CLERK P~6E 01 ELIT. A~I~L~ A. NEVTLT.~.~ MMC TO~ CL~RK I~GISTRAR OF VITAL STATISTICS MARRIAGI~ OFFICER RECORDS OF MARAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Tov~ Hall, $3095 Main R~ad P-O. Box 1179 8nuthold, l'i'ew York 11971 Fax (631) 765-6145 Tal~phon. (6ill) 76~-1800 ~o~ltholdtown.nor thfork.n et OFFICE OF ~ TOWN CT.~RK TOWN OF SOUTHOLD May 4, 2012 PLEASB TAKE NOTICE thai the Town Board of Ibc Town of Southold has Enacted the following Local Law }istcd b~low on April 24, 2012: Local L~w,, ,#6 of 2012: Local Law to amend Chapter 144 and Chauq[$r 280 Please sign the duplicat~ of this letter and return to mc at your earliest convenience by mail or cmail. Thank yo1.L Attachments cc: Suffolk County Depariment of Planning Village of Or,capon Emai): Town of Riverhead Town of Southampton Southold Town Planning Board Elizabeth A. Neville Town Clerk Long Island SU~tc Park Commission Town of Sheller Island Southold Town Building Department PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 8, 2012 Express Mail Local Law No. 6 of 2012 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No 6 of 2012 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney SOUTHOLD TOWN BOARD PUBLIC HEARING April 24, 2012 4:34 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Town Attorney Martin Finnegan Deputy Town Clerk Linda Cooper This hearing was opened at 4:55 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of March, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of April, 2012 at 4:34 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 144, Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Adnfinistration~ and Chapter 280~ Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are Amendments to Chapters 144 and 280 Public Hearing April 24, 2012 2 required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. C. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d_) A survey of the lot accurately depicting all currently existing and proposed structures. (d)(eO The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary Amendments to Chapters 144 and 280 Public Hearing April 24, 2012 computations to establish conformity to the bulk and density regulations. (0(g) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h)(D A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted atler subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. 0)(1_) Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring Amendments to Chapters 144 and 280 Public Hearing April 24, 2012 4 during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. IlL Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Def'mitions. The following definitions have been added and/or revised: ALTERATION - ^ .... ,;~a ,^ ~ u..;,a; ..... *....~,. ..... u ............... · :~ ,u~ or modification made in or on an existing building or stmctare that does not increase its exterior dimensions. DEMOLITION - Any removal of a structure or portion thereof that exceeds 75% of the total square footage of the existing structure before the start of removal. ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof. ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. Nothing in this a~icle shall be deemed to prevent the remodelbag alteration, r-ec~asametio~ or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming buildings with nonconforming uses. A nonconforming building containing a nonconforming use shall not be enlarged, r-~w~asmaea~ or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the r~aoahfi4~ alteration,~.~_..._._~..'-"~" ~- or enlargement of a nonconforming or conforming nonresidential building with a nonconforming Amendments to Chapters 144 and 280 Public Hearing April 24, 2012 5 nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. Co) Nothing in this article shall be deemed to prevent the ~ alteration, rcc~.ng~.:ct!c.n or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: ii] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals Amendments to Chapters 144 and 280 Public Heating April 24, 2012 6 shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public heating, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. E. Review by Independent Consultants: (1) Upon a majority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the det~dnation that any application shall be subject to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. (2) Withdrawals from said escrow account may be made from time to time to reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ¼ of the initial deposit or to such sutn as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. Amendments to Chapters 144 and 280 Public Heating April 24, 2012 7 (3) The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant{s') report prior to any decisions being made. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was posted on the Town Clerk's bulletin board on April 2, 2012. That it was posted in the Suffolk Times on April 12, 2012. Notice from Mark Terry, principal planner and LWRP coordinator. "The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR part 617 state environmental quality review and it is my determination that the pursuant to part 617.5 C27, the action as proposed is a Type II action and therefore not subject to SEQRA review." I have a letter from Andrew Freleng, chief planner Suffolk County, "Pursuant to the requirements of section A14-14 through A 14-25 of the Suffolk County Administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant countywide or intercommunity impact. A decision of local determination shall not be construed either an approval or a disapproval." And again, from Mark Terry LWRP coordinator, "The proposed local law has been reviewed to Chapter 268 Waterfront Consistency Review of the Town Code and the 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." And that is it. SUPERVISOR RUSSELL: Would anybody like to comment on this local law? PATRICIA MOORE: Good evening, Patricia Moore on behalf of myself. I have been following, through code committee, your progress through this and thank you, I know that it has been very difficult and admirable for you guys to keep trying to clean up this law that has created a problem for many of the boards and owners in this town. Two comments that I would have, the first one being alteration definition. I am just going to focus on just the definitions, the rest I really have no comment to. The alteration, you say Amendments to Chapters 144 and 280 Public Hearing April 24, 2012 8 a change of modification made in or on an existing building or structure that does not increase exterior dimensions. I understand and I think that the intention is well, the house is staying the same, we are doing alterations that may be interior or they may be window replacements or things that really don't change the size. I might add that that definition should also be applicable if the alterations that are being done may technically change the dimensions because of the state building code that may require ceiling heights. I have had lots of applications to the Zoning Board where it is a two story house but that is non- conforming. We are dealing really with non-conformity because otherwise you can do it but let's say you have a side yard setback that is not conforming, you have the two story house but it is the second floor has ceiling heights that may be 6 ½ feet and the roof pitch has to change to make the ceiling height 7 feet or whatever the code, 7 ½ feet, whatever the code requires. That small change to the roof pitch, even though you are not changing the over all dimensions and size of the house, triggers the need for a variance and would be nice if that was not the case. It also may be applicable with FEMA for example, some of the communities, the height of the building may change by 3 inches or a foot because of the FEMA regulations. As soon as you do interior alterations, even though they are interior, they trigger the need to conform to FEMA regulations. So you may have those alterations that are interior and for the most part don't change the structure but trigger the need to have the basement conform and sometimes you have to fill in a basement with sand to comply with FEMA and sometimes you have to raise the foundation by a few inches to a foot to conform with FEMA. Those are the kind of issues that often are expensive and time consuming to go and get variances because of that increase to the degree of non-conformity that we use on the non-conforming definition. So I would ask that maybe you put either in parentheses or clarify at the end of that definition, except as required by FEMA or state building code because it is really not a dimensional that anybody really wants to do, it's that it triggers another provision of the state code. COUNCILMAN KRUPSKI: How about if we change to either exterior footprint or just footprint* MS. MOORE: Oh, that is fine. I think that would cover it, too. But that might be a significant change .... TOWN ATTORNEY FINNEGAN: Well, your example though, Pat, I mean obviously there is a certain amount of modification that can be made, there is percentage increase that could be done without a variance, so ..... MS. MOORE: No, there isn't a percentage. TOWN ATTORNEY FINNEGAN: Inaudible. An increase in the .... MS. MOORE: That is why the (inaudible) decision, if you end up with a 1 percent, that is what triggers. SUPERVISOR RUSSELL: (Inaudible) decision is an issue this Board has to address but I don't think we can keep softening language and code because of (inaudible), we either Amendments to Chapters 144 and 280 Public Heating 9 April 24, 2012 have to face it head on .... MS. MOORE: Well then that would be, then I would ask that you deal with that because it is, it used to be that if you maintained the setback, you could go horizontally up (inaudible) came in and said, no you can't do that and we did try to do a pyramid law at one point in time and that was rejected by the community or opposition, so I don't, you know, this doesn't quite do it but if you tackle (inaudible), that is really the crux of the problem. COUNCILMAN KRUPSKI: Okay. MS. MOORE: The other issue is on demolition, great, 75 percent is certainly a good number but could you clarify, I guess in my, so I understand what you are considering, 75 percent of the total square footage of the existing structure before the start of removal. So let me give you two scenarios and you tell me which one you are thinking. You have a first floor of 1,000 square feet, a second floor of 1,000 square feet. Are you taking 75 percent of the total square foot of the two floors, that being 75 percent of 2,000 square feet or are you looking at the footprint and you are doing 75 percent of the footprint? From code committee, I really don't know where you ended up and I am not sure that this tells me clearly how I am supposed to analyze this. COUNCILMAN TALBOT: It should be 75 percent of the entire structure. MS. MOORE: First floor, second floor. COUNCILMAN TALBOT: Yes. MS. MOORE: Okay, okay. That is fine. I mean it says here the existing structure, I was just making sure that when I read it that that's the intent. Ten years down the line, all ora sudden intents changes, so I will have the record of this public hearing that says, oh, no it says that it is the square footage of all the floors. First and second, usually basement doesn't count, correct? COUNCILMAN TALBOT: All habitable floors .... MS. MOORE: Habitable floors, yeah, a basement doesn't usually count. You are the building inspector in the crowd, so I know you have the right answers. COUNCILMAN TALBOT: And one thing regarding your height... MS. MOORE: On the alteration issue? COUNCILMAN TALBOT: Yeah, the state code dropped from 7 foot 6 down to 7 foot required in height which is typically the norm across the country and they came into line with that, so it actually reduced minimum height requirements which should make it a little bit easier for people. Amendments to Chapters 144 and 280 Public Hearing April 24, 2012 10 MS. MOORE: Good. Yeah. I am usually dealing with 6 ½ foot ceilings that all of a sudden need to go to 7. So it is not a real big jump but it is just the (inaudible) brings you into the Zoning Board, I had one that was a simple little, what are those called, knee walls? And that triggered Zoning Board. Okay. That is all I have. I just needed clarification. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? (No response) This hearing was closed at 5:05 PM Linda J. Cooper Deputy Town Clerk Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANYI 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. rn County n City [] Town of n Village SOUTHOLD Local Law No. 6 of the year 2012. A Local Law entitled, A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning Be it enacted the Town Board of the: r~ County [] City [] Town of rn Village SOUTHOLD I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. C. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rcv.05/05) (a) (b) (c) (d) (e) (0 (g) (h) (i) O) (k) (l) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. The section, block and lot numbers, if any, as they appear on the latest tax records. The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. A survey of the lot accurately depicting all currently existing and proposed structures. The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building 2 permit will be issued. Work shall not be commenced until and unless a building permit is issued. (m) All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. The following definitions have been added and/or revised: ALTERATION - A change or modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION - Any removal of a structure or portion thereof that exceeds 75% of the total square footage of the existing structure before the start of removal. ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof. ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. Nothing in this article shall be deemed to prevent the alteration, or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming buildings with nonconforming uses. A nonconforming building containing a nonconforming use shall not be enlarged, or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the alteration, or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. 3 (b) Nothing in this article shall be deemed to prevent the alteration, or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [1] Substantial enhancement of the overall site landscaping and/or natural vegetation. [21 Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. E. Review by Independent Consultants: (1) Upon a majority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior 4 to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subject to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. (2) Withdrawals from said escrow account may be made from time to time to reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ~A of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to I/2 of the initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. (3) The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) 1 hereby certify that the local law annexed hereto, designated as local law No. 6 of 20 12 . of the (C:.::::..%';(C!.%')(Town) ~) of SOUTHOLD was duly passed by the TOWN BOARD on April 24~ ,20 12 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage 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)(re-passed 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 (approvedXnot 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.) 1 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. 5. (City local law concerning Charter revision proposed by petition.) 1 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.) 1 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.) 1 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 there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. /Seal) Clerk-of ~h~-ounty legislative baldy. Qity. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: May 1~ 2012 (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 conta'~t and that all proper proceedings have been had or taken for the enactment of the local law annexed'~o. ~......~) SignaturL ~/ ~. Martin D. Finnegan, Town Attorney Jennifer Audaloro~ Esq. Assistant Town Attorney Title Town of SOUTItOLD Date: May 1~ 2012 RESOLUTION 2012-384 ADOPTED DOC ID: 7813 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-384 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 24, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffo. lk County, New York, on the 27th day of March, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning ' reads as follows: LOCAL LAW NO. 6 of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. C. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will Resolution 2012-384 Board Meeting of April 24, 2012 comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) A survey of the lot accurately depicting all currently existing and proposed structures. The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (e)(_0 The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (f)(g) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (g)(h) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h)(i) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i)(i) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (_k) In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted Updated: 4/24/2012 3:33 PM by Lynda Rudder Page 2 Resolution 2012-384 Board Meeting of April 24, 2012 after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. 0)(!) Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. IlL Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. The following definitions have been added and/or revised: modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION - Any removal of a structure or portion thereof that exceeds 75% of the total square footage of the existing structure before the start of removal. ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof. ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. Updated: 4/24/2012 3:33 PM by Lynda Rudder Page 3 Resolution 2012-384 Board Meeting of April 24, 2012 A. Nothing in this article shall be deemed to prevent the r~gamd~i~g alteration, ................ or enlargement of a nonconformin uilding containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings· § 280-123. Nonconforming buildings with nonconforming uses. A nonconforming building containing a nonconforming use shall not be enlarged, recongtmctcd or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the alteration, ~eeemstmc-tio~ or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. (b) Nothing in this article shall be deemed to prevent the r-e~modetiag alteration, r~eeoastm~4o~ or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). Updated: 4/24/2012 3:33 PM by Lynda Rudder Page 4 Resolution 2012-384 Board Meeting of April 24, 2012 ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (l) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. E. Review by Independent Consultants: (1) Upon a majority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subject to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. (2) Withdrawals from said escrow account may be made from time to time to reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ~A of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account Updated: 4/24/2012 3:33 PM by Lynda Rudder Page 5 Resolution 2012-384 Board Meeting of April 24, 2012 so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. (3) The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. IV. 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. V. 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 RESULT: ADOPTED IUNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell Updated: 4/24/2012 3:33 PM by Lynda Rudder Page 6 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 4, 2012 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on April 24, 2012: Local Law #6 of 2012: Local Law to amend Chapter 144 and Chapter 280 Please sign the duplicate of this letter and remm to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Town of Shelter Island Southold Town Building Department Signature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK Page 1 of I Cooper, Linda From: Cooper, Linda Sent: Friday, May 04, 2012 11:51 AM To: Bunch, Connie; Cantrell, Elizabeth; Cooper, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Toth, Vicki; Verity, Mike; Riverhead Town Clerk; Shelter Island Town Clerk; Southampton Town clerk Subject: Enact LL 6 of 2012 Notice Attachments: Enact LL 6 of 2012_20120504114010.pdf 5/4/2 012 RESOLUTION 2012-384 ADOPTED DOC ID: 7813 THIS 1S TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-384 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 24, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of March, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" reads as follows: LOCAL LAW NO. § 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. Resolution 2012-384 Board Meeting of April 24, 2012 The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) A survey of the lot accurately depicting all currently existing and proposed structures. (d)(e_) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (e)(_f)The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (f)(g) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (~)(h) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h)(_i)A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i)([) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (k) In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. 0)(_1) Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication Updated: 4/24/2012 3:33 PM by Lynda Rudder Page 2 Resolution 2012-384 (k)(m_) Board Meeting of April 24, 2012 that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. The following definitions have been added and/or revised: ........... e, ....... r::, .................. e, ..................... ~ ................... A change or modification made in or on an existing building or structure that does not increase its exterior dimensions: DEMOLITION - Any removal ora structure or portion thereof that exceeds 75% of the total square footage of the existing structure before the start of removal. ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof. ARTICLE XXllI Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the r-~ alteration, ~ or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, ~ or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (I) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the remodeling alteration, r~eonsmac4qon or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings Updated: 4/24/2012 3:33 PM by Lynda Rudder Page 3 Resolution 2012-384 (h) Board Meeting of April 24, 2012 created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. Nothing in this article shall be deemed to prevent the .... '~:-~ alteration, ~ or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction ora new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [1] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: Updated: 4/24/2012 3:33 PM by Lynda Rudder Page 4 Board Meeting of April 24, 2012 (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. Review by Independent Consultants: (1) Upon a majority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subject to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. (2) Withdrawals from said escrow account may be made from time to time to Resolution 2012-384 (3) reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to 1/4 of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to V~ of the initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. IV. 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. V. 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 4/24/2012 3:33 PM by Lynda Rudder Page 5 SUMMARY OF LL/TEAR DOWN THE PROPOSED LOCAL LAW THAT IS'~I~I~~ PUBLIC HEARING THIS EVENING AMENDS CHAPTER 144 ENTITLED "FIRE PREVENTION AND BUILDING CODE ADMINISTRATION" AND CHAPTER 280 ENTITLED "ZONING" OF THE TOWN CODE, THE INTENT OF WHICH IS TO CLARIFY THE BUILDING PERMIT APPLICATION PROCESS AND TO ADD CERTAIN DEFINITIONS TO THE ZONING CODE. MORE SPECIFICALLY, THE AMENDMENT TO CHAPTER 144-8 REQUIRES AN APPLICANT FOR A BUILDING PERMIT TO SUBMIT (1) A SURVEY ACCURATELY DEPICTING EXISTING AND PROPOSED STRUCTURES; (2) CALCULATION OF EXISTING AND PROPOSED LOT COVERAGE AND (3) WHEN APPLICABLE, REQUIRING A STAMPED APPROVAL FROM THE ZONING BOARD OF APPEALS OR PLANNING BOARD ON PLANS SUBMI3-rED FOR A BUILDING PERMIT. THE PROPOSED AMENDMENT TO CHAPTER 280-4 INCLUDES A REVISED DEFINITION FOR THE TERM "ALTERATION" AND NEW DEFINITIONS FOR "DEMOLITION" AND "ENLARGEMENT" WHICH CLARIFIES THE DISTINCTION BETWEEN THESE TERMS. FURTHER, THE AMENDMENTS TO CHAPTER 280-146 ADD A NEW PROVISION THAT AUTHORIZES THE ZONING BOARD OF APPEALS TO REFER APPLICATIONS TO INDEPENDENT CONSULTANTS TO ASSIST IN THEIR REVIEW OF COMPLICATED APPLICATIONS UPON A MAJORITY PLUS ONE VOTE OF THE ZONING BOARD OF APPEALS. ANY EXPENSE INCURRED BY THE ZONING BOARD OF APPEALS FOR AN INDEPENDENT CONSULTANT WILL BE PAID BY THE APPLICANT. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. #10634 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successfully commencing on the 12th day of April, 2012. l~day of Sworn to before me this Principal Clerk 2012. LEGAL NOTICE NOTICE of PUBLIC HEARING NOT1CE IS HEREBY GIVEN, there has been presented to the 'I~>wn Board of the Town of Southold, Suffolk County, New York, on the 27th day of March, 2012~ a Local Law entitled "A Local Lawin relation to Amendments lo Chaoter 144. Fire Prevention and Build~ in~ Code Administration. and Chapter 280. Zoning and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold wdl hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southo]d, New York, on the 24th day of April, 2012 at 4:34 p.m. at which time all interested persons will be given an opportunity to be heard. Tee proposed Local Law entitled, "A Lo,al Law in relation Io Amendments Cha~ter 144. Fire Prevention and im~ Code Administration. and Chanter 144. Fire Prevention and Binldin~ Code follows: (1) Every appficatfim for a building proposed building will comply with ap- Ia) The actual shape, dimensions, ra- dii, angles and area of the lot on which (bi The section, block and lot hum- (c) The exact size and locations on the (d0L~l The dimensions of all yards in (t01~ The existing and intended use ¢:)Lg) Such topographic or other in- the Plannine Board. thc aorflicant shall also submi! thc aDnr )ved olan stampe~d as "aporoved" by the resl)ective Boa.rd and a cow of the Board's final determi- nation. (~)1~ Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Con- struction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construc- tion docmncnts shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work. or as an indication that a Building permit will be issued. Work shall not be commenced until and unless a building permit is issued. 0~, m(.~) All work slmll be performed in accordance with the construction docu lnents which were submitted with and accepted as part of the application for a building permit, qbe permit holder shall immediately notify the Building Inspec- tor of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building per- mit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. IlL Chapter 280 of the Code of the Town oi Southold is hereby amended as § 280-4. Definitions. The following definitions have been added and/or revised: '"~I~RI~ITINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. DI V06105050 Qualified hl Suffolk County does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable ~naximum lot coverage, and all other setback aud area requirements shall apply, provided that the following site remediation measures, in full or in part. as shall be determined by the Planning Board within its sole dis- cre0on, are included as an essential cie ment of the aforesaid expansion: [1] Substantial enhancement of overall site landscaping and/or natural vegetation. [2] Employment of best visual prac- tices by upgrades to exisfing building facades aod/or design of new buddings and/or the additions to cxisfing build- ings which accurately or more accuralely depict the historic and/or existing rural character of the inunediate and nearby neighborhood(s), ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, thc Board of Appeals shall have the following pow ers: A. Appeals: to hear and decide ap peals from and review any order, re- quirement, decision or determination made by the Building Inspector. B. Variances: W~tere there arc practi- cal difficulties or unnecessary hardships in the way of carrying out the s r c e - ter of these regulations, thc Board of Appeals shall have the power to vary or modify the application of such regu- lations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after nofice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permil- ted use may be located. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any con- di0on or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zon- ing Map. E. Review by Independent Consul be adjudged by any corot ol cotnpctent jurisdiction to be invalid, the judgmenl shall not affect Ihe valid0y of lhis law as a whole or any part thereol other than the part so decided to be unconstitu0on- al or invalid. V. EFFECTIVE DATE '/'his Local Law shall take effect im mediately upon filing with thc Secretary of State as provided by law. Dated: March 27, 2012 BY ORDER OF THE TOWN BOARD OFTltE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 10,634 IT 4/12 LEGAL NOTICE NOTICE of PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County. New York, on the 27th day of March. 2dig, a Local Law entitled "A Local Law in relation to Amendments to Chanter 144. Fire Prevention and Build- ing Code Administration. and Chanter 280. Zonine and NOTICE 1S HEREBY FURTHER GIVEN that Ihe Town Board of the Town of Southold will hold a public bearing on the aforesaid Local Law at the Southo]d Town Hall, 53095 Main Road, Southold, New York, on the 24th day of April, 2012 at 4:34 p.m. at which time all interested persons will be given an opportunity to be heard. ]he proposed Local Law entitled, "A Local Law in relation to Amendments Chanter 144, Fire Prevention and Build- in~ Code Adm'mistratlon. and Chanter L~. Zonin~" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chanter 144. Fire Prevention and Buildin~ Cod~ Administration. and Chanter 280. Zen- BE IT ENACYED by the Town Board el the Town of Southold as follows: I. Purpose. '[lie Town Board has reviewed Chap- ter 144. Fire Prevention and Building (ode Administration, and Chapter 280. Zoning, and has determined that cer rain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinc- tion between demolition, alteration, en- largement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Ap- peals, Il. Chapter 144 of thc Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; ap- plication for permit. C. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise accept- able to the Building Inspector. Tile ap plication shall be signed by the ownel or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit appli- cation to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with ap- plicable requirements of the Uniform Code and the Energy Code. q[he appli- cation shall include or be accompanied by the following information and docu- (a) The actual shape, dimensions, ra dli, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an ex- isting building, except in the case of the alterations of a building which do not al- (b) '['he section, block and lot num- bers, if any, as they appear on the latest (c) The exact size and locations on the lot of the proposed building or buildings building and of other existing buildings 0¢picting all currendv existin~ and pro- posed structures, {dS(e~ The dimensions el all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calcula- tion of existing and prooosed lot cover- (~)(~) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accom- to establish conformity to the bulk and density regulations. (frO{g) Such topographic or other in- formation with regard to the building, the lot or neighboring lots as may be necessary to determine that the pro- provisions of this chapter. {30 hl~t An application for a building permit for construction on a vacant lot which is not on an approved subdivision amp shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of die entire lot prior to April {M-)(j~ A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector. a survey may be re quired, prepared by a licensed engineer (+)(j) Each application for a building permit lot a ne~v dwelling unit shag be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. ~ In instances where a Notice of Djs{!pproval has been issued by the Building Inspector and an application lora buildine vermit is submitted after subsequent review and approval by the '[bwn of Southold Board of Trusteeso the Zoning Board of Appeals. and/or the Plannine Board. the apnlicant shall also submit the approved elan stamoed as "ar~oroved" by the rcsoective Board and a CODy of the Board's final deferral nation. (T)(J} Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Con struction documents which are accepted as part of thc application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. ()ne set of the accepted construe tion documents shall be returned to the applicant to be kept at the work site, However, the return of a set of accepted construction documents lo the applicant shall not be construed as authorization to commence work. or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. 00~ All work shall be performed in accordance with the construction docu- ments which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspec- tor of any change occurring during the course of work, The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building per- mit, such change shall not be made until and unless a new tlr amended building permit reflecting such change is issued. Ill. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: dimensions of the buildin~ or structure or any part thereoL ARTICLE XXlII Nonconfonning Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the ~cr.~odcling al teration..~const;uctlor, or enlargement of a nonconforming building containing a conforming use. provided that such ac- tion does not create any new nonconfor- mance or increase the degree of noncon- formance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming bnildings with nonconforming uses. A. A nonconforming building con taining a nonconforming use shall not (1) Nonresidential uses: (a) Nothing in this article shall be the overall building footprint(s) of more (b) Nothing in this article shall be existing building(s) or additional build- ing on the premises, so long as said in- crease in size of the building(s) created "'~idcRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01VO6105050 Qualified In Suffolk County overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot requirements shall apply, provided that the following site remediation measures, in full or in part, as shall bc determined by the Planning Board within its sole dis cretion, are included as an essential ele- ment of thc aforesaid expansion: [1] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual prac rices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing build- ings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In adddion to such powers as may be conferred upon it by law, the Board of Appeals shall have the fogowing pow A. Appeals: to hear and decide ap- peals from and review any order, re quirement, decision or determination made by the Building Inspector. B. Variances: Where there are practi cai difficulties or unnecessary hardships in the way of carrying out thc strict let- ter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regu- lations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereo£ the Board of Appeals may. in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permit- an order, decision or determination of of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any con- dition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zon- ing Map. E. Review by Independent Consul (1) Upon a majority plus one vote of the Board of Anneals' determina- tion that referral to an independent escrow account for the applicant shall be established with the Town Comotroger's Office. Said escrow account shall be es tablished prior to the Town's referral of the application to its consultant(s]. Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Uvon the de termination that any a~vlication shall be subject to the Town's review aided by a consultant(s} as set forth herein, no a;~- plication shall be considered comtqete count is established and funded. (2) Withdrawals from said escrow ac- count may be made from time to time to reimburse the Board of APoeals for the cost of its consuhant(s') professional review services actually incurred. When ever the balance in such escrow account is reduced to ¼ of its initial amount the Board of Appeals shall notify the avr~li cant; thereafter, the applicant shall de posit additional funds into such account so as to restore its balance to ¥~ of the initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such addi- tional deposit, the Board of Appeals may suspend its review of the application. (3) The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consufiant(s') qualifications, findings and reports will be provided lo thc ap~ plicant and an opportunity given to thc applicant to respond to the content of thc consultant(s') report prior to any de- cisions being made. IV. 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 atlkct the validity of this law as a whole or any part thereof other than the part so decided to be unconstitution al or invalid. V. EFFECTIVE DATE This Local Law shall take cffcct im- mediately upon filing with the Secretary of State as provided by law, Dated: March 27, 2012 BY ORDER OF THE '['OWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 10,634 IT 4/12 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being dulyswom, says that on the a~ dayof ~t.,..~2012, she affixed a notice of which the annexed printed notice is a true copy; in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Tear Down PH 4/24/12 Sv~orn before m~ais . day of ~ ,201~,. Notary Pbgc - ' Deputy Town Clerk BONNI£ I. DOROSIq lq o~'3ry Public. State Of New Yod~ l,!o. 01D06095328, Suffolk Co, qJ~ ~rln Expires July 7, 20 ~ PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Scott Russell, Supervisor Members of the Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: April 19, 2012 Re: A Local Law entitled "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration~ and Chapter 280, Zoning" The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5C(27), the action, as proposed, is a Type II action and therefore not subject to SEQRA review. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney tOW~,i A]'TORNE¥,s OFFICE r0W~ OF SOUTHOi. D COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING SARAH LANSDALE, AICP DIRECTOR OF PLANNING Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Dear Ms. Neville: Public Hearing Date.: Resolution No.: S.C.P.D. File No.: March 29, 2012 RECEIVED Southold Town Clerk Applicant: Town of Southold Zoning Action: Amendment; Chapter 144, "Fire Prevention and Building Code Administration" & Chapter 280 "Zoning" April 24, 2012 #2012-300 & 301 SD-12-LD Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for Local Determination as there is no apparent significant county wide or inter-community impact. A decision of Local Determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Directg~ of Plannin~~ Chief Planner APF:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853~1044 OFFICE LOCATION: Town Hall 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 To: LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM Supervisor Scott Russell ToWn of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: April 3, 2011 Re: A Local Law entitled "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Bu Idin.q Code Administration, and Chapter 280, Zoning." RECEIVED APR 4 2012 Southold Town Clerk 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 Jennifer Andaloro, Assistant Town Attorney ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 28, 2012 Re: Resolution Numbers 2012- 300 & 301 "A Local Law in Relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280 Zoning of the Code of the Town of Southold. Andrew P. Freleng, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on March 27, 2012 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning 8oard for their review. The date and time for this public hearing is 4:34 PM, Tuesday, April 24, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, ~lle Southold Town Clerk Enclosures (2) cc: w/o enc. Town Board Town Attorney ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 28, 2012 Re: Resolution Numbers 2012 300 & 301 "A Law in Relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280 Zoning of the Code of the Town of Southold. Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Sidor: The Southold Town Board at their regular meeting held on March 27, 2012 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 4:34 PM, Tuesday, April 24, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, · Southold Town Clerk Enclosures (3) cc: w/o Enc. Town Board Town Attorney RESOLUTION 2012-300 ADOPTED DOC ID: 7741 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-300 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of March, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning. RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of April, 2012 at 4:34 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 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. C. Applications. (1) Every application for a building permit shall be made in writing, on a form Resolution 2012-300 Board Meeting of March 27, 2012 provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. A survey of the lot accurately depicting all currently existing and proposed structures. (d)(_e) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (e)(_O The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (O(g) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h)(i) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by.a licensed engineer or land surveyor. (i)0) Each application for a building permit for a new dwelling unit shall be Updated: 3/27/2012 1:21 PM by Lynne Krauza Page 2 Resolution 2012-300 Board Meeting of March 27, 2012 accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (k) In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. 0)(!) Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. (k)(m_) All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. The following definitions have been added and/or revised: ALTERATION - As app!;~:d tv. a building c.r ~*-'~* ...... ~' ................. * ;~ *~ l ...... l~ 1~ L,~l~k+ ~. +k ..... 1~ f ...... I~.~+1 ....... ;*1~ + .... +kd. a change modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION Any removal of a structure or portion thereof that exceeds 75% of the total square footage of the existing structure before the start of removal. ENLARGEMENT As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof. Updated: 3/27/2012 1:21 PM by Lynne Krauza Page 3 Resolution 2012-300 Board Meeting of March 27, 2012 ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. Nothing in this article shall be deemed to prevent the ~ alteration, r~q~tsametion or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming buildings with nonconforming uses. A nonconforming building containing a nonconforming use shall not be enlarged, meot~tme4ed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the rcmc~e![ng alteration, reeonstmegon or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. (b) Nothing in this article shall be deemed to prevent the remodet/~ alteration, ~ or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [1] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the Updated: 3/27/2012 1:21 PM by Lynne Krauza Page 4 Resolution 2012-300 Board Meeting of March 27, 2012 additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. Variances: Where them are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. E. Review by Independent Consultants: (1) Upon a maiorit¥ plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subiect to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. (2) Withdrawals from said escrow account may be made from time to time to Updated: 3/27/2012 1:21 PM by Lynne Krauza Page 5 Resolution 2012-300 Board Meeting of March 27, 2012 reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. (3) The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. IV. 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 pan so decided to be unconstitutional or invalid. V. 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 3/27/2012 1:21 PM by Lynne Krauza Page 6 RESOLUTION 2012-301 ADOPTED DOC ID: 7743 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-301 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell LEGAL NOTICE NOTICE of PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of March, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of April, 2012 at 4:34 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 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. C. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. A survey of the lot accurately depicting all currently existing and proposed structures. (a)(e_) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (eX_f) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h)(_i) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications beating the signature and original seal of a licensed professional engineer or architect. (D In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stumped as "approved" by the respective Board and a copy of the Board's final determination. 0)(!) Construction documents will not be accepted as par~ of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stump. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. II1. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: 280-4. Definitions. The following definitions have been added and/or revised: uv ........... ~ ....... 6..,, .............. ~ ..................... ~ .................... i c ange or modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION - Any removal of a structure or portion thereof that exceeds 75% of the total square footage of the existing structure before the start of removal. ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof. ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. Nothing in this article shall be deemed to prevent the e~modetiag alteration, rec-oasmw,~ioa or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming buildings with nonconforming uses. A nonconforming building containing a nonconforming use shall not be enlarged, rccznz~-dctcd or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the r~ummL-qi~ alteration, rec-o~stm~io~ or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. (b) Nothing in this article shall be deemed to prevent the r~veaodO, iag alteration, reczn:~actic, n or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: ill Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. E. Review by Independent Consultants: (1) Upon a majority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's (2) referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subject to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. Withdrawals from said escrow account may be made from time to time to reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to V2 of the initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. (3) The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: March 27, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk Please publish on April 12, 2012 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, P O Box 1179, Southold NY 11971 Copies to: Suffolk Times Town Board Building Dept Web Site ZBA Town Attomey Town Clerk Bulletin Board Page 1 of 1 Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Monday, April 02, 2012 2:55 PM To: Cooper, Linda Subject: RE: Tear Down 4-24-12 PH Hello again, We are good to go on this one as well © Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Monday, April 02, 2012 2:55 PM To: tr-legals Subject: Tear Down 4-24-12 PH Hello again, Please confirm receipt of this Legal Notice of PH for the 4/12/12 edition of the Suffolk Times. Thanks again Linda Cooper 4/2/2012 LEGAL NOTICE NOTICE of PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of March, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of April, 2012 at 4:34 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 144~ Fire Prevention and Building Code Administration, and Chapter 280~ Zoning" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. C. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (_d) A survey of the lot accurately depicting all currently existing and proposed structures. The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (e)(_o The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (O(g) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h)(_i) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (k) In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. 6)(!) Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. Ill. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. The following definitions have been added and/or revised: ALTERATION - A or modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION Any removal of a structure or portion thereof that exceeds 75% of the total square footage of the existing structure before the start of removal. ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof. ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. Nothing in this article shall be deemed to prevent the.~-lwv.-.e,~:~- alteration, ~ or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming buildings with nonconforming uses. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the ~moah4i~ alteration, ~ or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. (b) Nothing in this article shall be deemed to prevent the remodeli~ alteration, recc~n:tr.:ct:.zn or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [1] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Special exceptions, special permits and other approvals: Whenever a usc or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. E. Review by Independent Consultants: (1) Upon a majority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subject to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. (2) Withdrawals from said escrow account may be made from time to time to reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to xA of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. (3) The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: March 27, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk Please publish on April 12, 2012 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, P O Box 1179, Southold NY 11971 Copies to: Suffolk Times Town Board Building Dept Web Site ZBA Town Attorney Town Clerk Bulletin Board RESOLUTION 2012-300 ADOPTED DOC ID: 7741 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-300 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of March, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning. RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of April, 2012 at 4:34 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 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. C. Applications. (1) Every application for a building permit shall be made in writing, on a form Resolution 2012-300 Board Meeting of March 27, 2012 provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) A survey of the lot accurately depicting all currently existing and proposed structures. The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (eX_f) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h)(i) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i)(.[) Each application for a building permit for a new dwelling unit shall be Updated: 3/27/2012 1:21 PM by Lynne Krauza Page 2 Resolution 2012-300 Board Meeting of March 27, 2012 accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (_k) In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. (h)(m) All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. II1. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. The following definitions have been added and/or revised: ALTERATION ..... s;~ *~ ~ ~'":~: ......... + ......~' ................. + :~ +~'= modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION - Any removal of a structure or portion thereof that exceeds 75% of the total square footage of the existing structure before the start of removal. ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof. Updated: 3/27/2012 1:21 PM by Lynne Krauza Page 3 Resolution 2012-300 Board Meeting of March 27, 2012 ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. Nothing in this article shall be deemed to prevent the rcmz~e!ing alteration, ~eo~eme6o~ or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming buildings with nonconforming uses. A nonconforming building containing a nonconforming use shall not be enlarged, ~ or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the rcmc, dc!:,ng alteration, ~ or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. (b) Nothing in this article shall be deemed to prevent the r~qodeti,ag alteration, rccznztr',:eticn or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [11 Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the Updated: 3/27/2012 1:21 PM by Lynne Krauza Page 4 Resolution 2012-300 Board Meeting of March 27, 2012 additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. E. Review by Independent Consultants: (1) Upon a majority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subject to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. (2) Withdrawals from said escrow account may be made from time to time to Updated: 3/27/2012 1:21 PM by Lynne Krauza Page 5 Resolution 2012-300 Board Meeting of March 27, 2012 reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. (3) The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. IV. 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. V. 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 3/27/2012 1:21 PM by Lynne Krauza Page 6