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Home My WebLink AboutWetlands & ShorelineSOUTHOLD TOWN BOARD PUBLIC HEARING June 5, 2012 7:36 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 8:21 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 8th day of May, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" now, therefore, be it 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of June, 2012 at 7:36 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlan. d~'and Shoreline" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. Amendments to Chapter 275 Public Hearing June 5, 2012 II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. .~.~..~+: .... ~.~, ~. .... +~ ..... : ....~ .... ~. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE -- The raising or cultivation ofmu~ in a~ificia! ~^.+~: .... · .... +~o: ...... rcr.^~,^~ living aquatic organisms water within the boundaries of the Town of Southold excluding the Long Island Sound and those defined under Creeks. BEACH -- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe of a dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. BOAT/VESSEL -- Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean high water. This definition excludes floating docks and swim platforms. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of Southold and/or Suffolk County and designated by the New York Department of State as Critical Environmental Areas worthy of protection including but not limited to: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. Amendments to Chapter 275 Public Hearing June 5, 2012 FLOAT -- See Boat/Vessel FUNCTIONAL -- Any structure that has essentially retained its purpose and use ......... · d by th ,~.~ ,~,~ ~^~,,., ...... ,~;~ ,t. ...... ~; .......';";';~ at ..... , as determine e Board of Trustees. GROIN -- A man-made bamer typically perpendicular to the shoreline used to change the natural littoral drift, prevent erosion, ' _ ' ' , or protect an area from wave energy. ~ ............... used to ~ JETTY -- A man-made barrier p~.-~rpen~ieu!ar re. ,t.~ ~t.^~;.= ~;.~.~,~.~, ,-~--,~'4a maintain beach elevation, prevent erosion, and maintain inlet entrances., or LOW-PROFILE JETTIES -- The definition of a low-profile jetty is site specific, but typically is a structure no higher than 18 inches to444-1,~aes above existing soil or sediment grade on the down-drift side and shall not extend seaward of apparent low water. MATERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud, wood or any other material, including liquids, organic or inorganic. MEAN HIGH WATER (MHW) -- The average of all the high water heights observed over the most previous-m~ eighteen and a half year period. MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previous.--~-~:~ ........ .~. pc~:c.d eighteen and half year period. MOORING -- Anchoring for greater than g4 4~8 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a minimum cf20 feet wide er as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement of signs or other activities may take place, except that man-made debris may be removed from such area by hand without the permission of the Board of Trustees. NONTURF BUFFER -- A designated area where turf grass, pesticides and fertilizers are not permitted. Any pervious material allowing for percolation of surface runoff into the Amendments to Chapter 275 Public Heating June 5, 2012 4 ........ native vegetation, wood chips, mulch, gravel, soil is allowed. Examples include: ~..~nl - and sand. Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff generated by such structures must be allowed to percolate into the ground directly below the struct ~.:1: .......... ~ ~. ..... ~ ,.,~,~ ,~ .... .-~c ~..cr ...... OPERATIONS (1) The removal of material from wetlands or any other::ise activity within Trustee jurisdiction. (2) ...... v .............. ~ ............. The acement, repatr or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds on wetlands or otherwise within Trustee jurisdiction. (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or otherwise within Trustee jurisdiction. (4) The erection, construction, alteration, repair or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin, or any system or other structure, temporary or permanent, on wetlands, or otherwise within Trustee jurisdiction. Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. ORDINARY AND USUAL MAINTENANCE -- Actions on a permitted, functional structure which do not involve more than 75% of the entire structure which are required to preserve in a condition or state of equivalent quality to that which was approved or required by permit. PIER -~ A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water. ~ SEASONAL STRUCTURES--- Structures that may not be installed prior to April 1 of each calendar year and must be removed by December 1 of each calendar year. SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate pr ect area to surrounding waters. Proper ·. .......................... v ..... : ............. Amendments to Chapter 275 Public Hearing 5 June 5, 2012 SOUND -- Includes the following: Long lsland Sound, Fishers Island Sound and Block Island Sound. TOWN WATERS All the waters within the boundaries of the Town of Southold WETLANDS (TIDAL) (2) All banks, bogs, meadows, flats, an~ tidal marsh and beaches subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina altemiflora), salt hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicomia spp.), sea lavender (Limoneum spp.), marsh elder (Iva frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, canal, or lake; (3) Land under water; (4) Land subject to tidal action; (5) Land within 100 feet of the areas listed above; (6) All Town waters. D. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) ~ Top of bluff: [4] Swimming pool and related structures: !00 50 feet. § 275-4. Exceptions. A. The provisions of this chapter shall not require a permit for the following: Amendments to Chapter 275 Public Hearing June 5, 2012 6 (3) The ordinary and usual operations relative to a bona fide_preexisting commercial agriculture an~ or ............. horticultural operation landward of the wetland boundary. (5) The ordinary and usual maintenance or repair on a permitted structure (of the same dimensions) of a functional building, dock, pier, wharf, jetty, groin, dike, dam or other water-control device or structure, f,~r wh/ch (9) The demolition, removal, repair and/or upgrading of existing residential fuel tanks, fuel lines, fuel dispensers, installation or burial of a residential propane tank, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town ,..:+u~ ~ ,m c~+ ~c...~,~.~ : ..... ~,:~ (10) Installation of new or replacement windows, roof shingles, solar panels, siding, doors, and second story additions only if additions are within the existing footprint and are made to an upland, permitted structure, de, rw,=rs and_siding cn exizting ~tn:cture~ cn!y. (11 ) The relocation of an existing septic system from within Trustee jurisdiction to outside Trustee jurisdiction. (12) Flagpoles specifically used for that purpose, with a base not greater than 4 feet by 4 feet. (13) Operations landward of a public road whereby the public road is located between the waterbody that is the source of Trustee jurisdiction and the operations. (11 )(1~4) Notwithstanding the above listed exceptions, operations within a designated nondisturbance buffer are prohibited. § 275-5 Permit procedures. B. Administrative permit. (1) The administrative permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by {}275-3 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas, applicants may request an administrative permit review. This review does not relieve the applicant Amendments to Chapter 275 Public Heating June 5, 2012 7 of providing all the application requirements (§275-6) or obtaining permits from other jurisdictions, including, but not limited to, New York State Department of Environmental Conservation and United States Army Corp of Engineers. Under the administrative review process, each application will be reviewed by at least one member of the Board and approved by the majority. See §275-8H for details of approval. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in §275-11: (d) Remodeling o~r renovation ~ of a permitted structure, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. Construction or installation of drainage structures for the retention of runoff, provided that such structures incorporate the maximum feasible setback from wetlands and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (~)(~) The construction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: Minor changes to existing, valid Trustee permits. The Trustees reserve the tight to determine whether the changes qualify for administrative review. (-1)(i) Minor restoration or alterations of landscaping. (m)~) Decks. (~)(1) Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. Amendments to Chapter 275 Public Hearing June 5, 2012 (-p)(m) · Dredging work necessitated by the accumulation of silt from runoff or other circumstances not the result of activity by or on behalf of the owner of the property. An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. (o) Deer fences if located a minimum of 25 feet landward of the wetland boundary line or bulkhead line, whichever designated line is most landward. Under no circumstances are deer fences permitted in a non-disturbance area. (3) Any such activities shall may require the addition of a nonturf buffer area .,-* ~ ...... .~ 'me ...... ~'~ as defined in §275-2. § 275-6. Application. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk Office of the Trustees. Such application shall contain the following information: (2) At the discretion of the Trustees, a schedule for the proposed activities with a completion date. (8) Such application shall be accompanied by a survey and topographical map, created no more than one )'ear five years prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. Amendments to Chapter 275 Public Hearing June 5, 2012 (14) Drainage upgrade. At the discretion of the Board, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two- inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. Applicants may have additional requirements to meet compliance with Chapter 236. § 275-7. Fees. Every non-administrative application for a Trustees wetlands permit filed with the Clerk Office of the Trustees shall be accompanied by a filing fee of $250 which includes the first site visit, no portion of which shall be refundable. The fee for an administrative permit shall be $50. $100. For str'.:c~:rc: activities that have been previously built without a permit, the fee will be doubled. Ifa preapplication site visit is requested, the fee shall be $50, which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves activities that were the subject of the site visit. Dock and float fee. Every application for a new dock or float shall include a fee ~.~ ....... ff~. o.~ ............................................... to be set e Town Board. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M1 and M2. § 275-8. Processing of application. Presubmission conference. Applicants are encouraged to schedule a voluntary presubmission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and nonbinding, but this meeting is intended to facilitate communication between the applicant and the Board. There will be a fee of $50 for this conference which ma,/be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves structures that were the subject of the site visit. Investigation and coordination. Upon receipt of the application, the Cleric Office of the Trustees shall maintain the original in the file and forward one copy thereof to each of the following as necessary: the Conservation Advisory Council, LWRP Coordinator, Stormwater Management Officer, , ....... vt..ur ..... , .... cepy tz the Planning Department, and o~qe~q~py-to the Zoning Board, an~ one. ~.-vJ ........................................ The Conservation Advisory Council shall review said application and the effect, if any, on the wetlands and tidal waters of the Town that may result from the proposed operations and shall, within 20 days of receipt of the same, forward its written report of findings and Amendments to Chapter 275 Public Hearing June 5, 2012 10 recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no response is received within 20 days, L .... vv .................. j~,.~ tv~ ........ t- ....... "~" ^ ~": .....~' ..... ;~ .... ~ .... th i by th C tio Ad i ...................... 2 ................ erevew e onse~a n vso~ Council shall be deemed waived. § 275-10. Contents of permit. D.C~. The conditions imposed by the Trustees on the issuance of the permit. ~..D~. The specific location of the areas to be affected by the operations of the permittee. A statement that "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. A statement that "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. A statement that "The permittee and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the performance guarantee (§275-9E). ¢.H~. A statement that "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." Amendments to Chapter 275 Public Hearing June 5, 2012 11 A statement that "The permittee is required to notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance of a certificate of compliance (§ 275-13)." K~. J_. A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." A statement that "The permittee is required to conspicuously post the permit and have the supporting Trustees' stamped plans available for immediate inspection at the work site at the commencement of work until which time the project is completed. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees and must, in any event, comply with the requirements of Chapter 236. See also §275-6A(14) for requirements. (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than the mean seaward projection of homes in the general vicinity and homes on either side of the subject lot. (4) Fences. (a) Trustees reserve the right to permit erection of a split-rail fence where the applicant has shown that there is a need to protect his/her private property In ,u .............. ~ .... ~;, ~:~ c ..... (b) Temporary or seasonal snow fences may be permitted upon a showing of need for erosion control at the Trustee's discretion. (c) Fences on a beach shall be perpendicular to the waterline and not closer than 14~ 2~0 feet to MHW the apparent high water mark. Amendments to Chapter 275 Public Hearing June 5, 2012 12 (d) Only one posted sign per 100 linear feet of fence is allowed on a split-rail fence. Posted signs shall be no larger than 12 inches by 12 inches square. Any fence, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, the Office of Code Enforcement, r,~,~ ~c ....... , r~cc.~. .......................... or Bay Constable may remove or cause the removal of the illegal structure. (e) If any fence, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement,Cede ~ or Bay Constable to create a hazard to the health, safety or welfare of the public, such structure may be removed and disposed of by the Town without prior notice to the owner. Upon removal by the Town, all costs and expenses incurred by the Town for the removal of such fence, barricade or impediment shall be the responsibility of the owner. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal, including filing a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. (6) Decks-ami Platforms. ~ ,~1 ..... ~,c .... k~. k .... :,,~,~ ........ Platforms associated with stairs may not be larger than 32 square feet. (b) Platforms may not exceed 200 square feet and must be landward of the top of bluff. B. Shoreline structures. (1) Bulkheads, retaining walls, revetments and gabions. Amendments to Chapter 275 Public Hearing June 5, 2012 13 All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by §275-2. Retaining walls are not permitted unless excessive erosion can be demonstrated. In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use oflumbg pre- treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. Any use of creosote is prohibited. Preservatives of any type, including but not limited to those listed above, cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. The use of tropical hardwoods is not permitted unless it is cra'tiffed by the Forest Stewardship Council or similar organization. New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead or connects to adjoining functional bulkheads. Machine excavation is prohibited in tidal and freshwater wetland areas unless specifically authorized by permit. No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. Individual residential stairs are prohibited on bluffs in the Coastal Erosion Hazard Area if the property is part of an association that maintains a common stairway within a reasonable distance. Lighting: Any and all lights associated with bulkheads, retaining walls, stairs or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. Amendments to Chapter 275 Public Hearing June 5, 2012 14 Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage, asphalt, and C&D materials are strictly forbidden for use as backfill behind bulkheads. C. in water. (1) Jetties and groins; general rules. (g) All applicants for jetties and groins extending across the foreshore h llb q idt gi d i tai p bli passi g ay '~'~ s a ere ure o vean man na u c n w ,^~,,-,-~ "-~'~,-w,~-- on the landward end of the jetty or groin as necessary, not less than five-four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. (2) Docks. [6] Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. Any application for a dock to be constructed at the end of a right- of-way or commonly held land requires the written consent of all parties having an interest in the right-of-way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in any existing or proposed docking facility. All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, not !cgg tkan .,~,.~c~' :,,, .... ,..~..,;'~*~ to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. [ 10][9] Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. Amendments to Chapter 275 Public Heating June 5, 2012 I5 [1 l][10]Personal watercraft or "jet ski" floats cannot be added to any float, stairway, or dock without a Trustee permit. Floats may not cumulatively exceed 120 square feet. [12][11]Lighting: Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active use. [13][12]Utilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application, installation of such amenities on an existing permitted dock requires obtaining a permit amendment from the Trustees. (b) Dock locations and lengths, [3][d] No floating docks, floats, dock components, duc. lc b!inds or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands between April 1 and December 1 of each calendar year. No duck blinds may be stored on tidal wetlands, other intertidal areas or freshwater wetlands at any time. § 275-14. Transferability. A valid Trustees' permit/~ may be transferred to another applicant by approval of the Trustees upon a determination of the Trustees that the structure in its current state conforms to the terms and conditions of the permit as issued, shall net be .................. ~ ................ ~. ..... wv .............................. The fee for transferring said permit shall be $50. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was posted in the Suffolk Times on May 24, 2012 and it was posted on the Town Clerk's bulletin board on May 16, 2012. I have a letter from the MS 4 Compliance Committee. 'The MS 4 Compliance Committee has reviewed the proposed amendments to Chapter 275 and recommends the following changes: Section 275-3 D l Amendments to Chapter 275 Public Hearing June 5,2012 16 b, swimming pools and related structures: 50 feet should be conditioned upon an applicant showing a) stability of the bluff b) non-chlorinated pool treatment and c) pool drained to drywell. Otherwise the setback to the bluff should be greater to mitigate impacts to surface waters. 2. Generally it should be noted that while section 275-4 lists exceptions for the requirement of a Trustees permit, chapter 236 review may be required. 3. Section 275-6 A 2 states that the Trustees, in their discretion, may require a schedule fbr the proposed activities with a completion date. This provision should be modified as follows: At the discretion of the Trustees, a schedule for the proposed activities with a completion date. For proposals that require approval under chapter 236, the schedule for the proposed activities must be approved by the Stormwater Management Officer, as well a the Trustees. 4 Section 275-6 A 8 should read as follows: such application shall be accompanied by a survey and topographical map, created no more than five years prior to the date of application (unless an updated survey and topographical map is required to conduct a chapter 236 review) 5. Section 275-6 A 14 should read as follows: Drainage upgrade: AT the discretion of the Board, non-administrative applications may require submittal of a drainage upgrade plan. All drainage upgrades shall comply with chapter 236, if applicable. In instances where chapter 236 does apply, the Board of Trustees may require the submittal of a drainage upgrade plan that contains more stringent requirements than set forth in chapter 236. 6. Section 275-6 A 14 delete the final sentence, 'applicants may have additional requirements to meet compliance with chapter 236? 7. Section 275-11 A 1 should read as follows: Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface generated from impervious surfaces shall be kept on site through infiltration or retention. All proposed drainage systems shall comply with chapter 236, if applicable. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees. The Trustees may require the drainage system that exceeds that which is required in chapter 236. 8. Section 275-11 A 3 the term 'general vicinity' is vague and should be eliminated or properly defined to give clarity. For example, does the general vicinity include properties across the wetland or waterbody? This is from Jamie Richter and/or John Sepenoski.' And then from the Planning Board chairman, Donald Wilcenski 'Thank you for the opportunity to provide comments on the proposed local law in relation to amendments to chapter 275, wetlands and shorelines' an'tendments to the town code referenced above. The Planning Board has reviewed the proposed amendments and supports the changes.' A letter from Andrew Freleng, chief planner for Suffolk County, stating that this is a matter of local determination with no county wide or inter-community impact, a decision of local determination shall not be construed as either an approval or disapproval. And I think that is enough. SUPERVISOR RUSSELL: Alright. Who would like to be the first to address the Town Board? I am going to go with John Betsch first. Mr. Meinke, I will go to you next. JOHN BETSCH: Good evening, for the record, I am John Betsch and in the issue of transparency, I am chairman of Southold VOICE. I understand and appreciate the town code is a living document and changes are necessary but ! do have a couple of concerns with these changes. Two in particular. The first one are open ended definitions, in Amendments to Chapter 275 Public Heating June 5, 2012 17 several places particularly one, the first one was define functional (inaudible) and it says it is now based on the discretion of the Trustees. There are no parameters set there at all, it is carte blanche to the Trustees. Now it could be good, it could be bad. It could be based on the whim of the Board on a particular night or it could be differences of opinion on which Trustee is reviewing it. Same thing applies on non-disturbance buffer, the thread continues. Again, there is no definition or parameter stated, it just says as designated by the Board of Trustees. It could be, again, it could be a foot, one fbot, two foot, ten foot, twenty foot. We need some type of parameter, some range (inaudible). The intention may be good but it is a little too open ended as far as I am concerned. Secondly, of late there has been much discussion regarding nitrogen loading, and there has been much emphasis on people who live in some non determined proximity to water bodies. My concern is that rules, laws and exceptions be fair and equitable to everybody and not single out a particular group. 275-4 (inaudible) talks about and states that the ordinary and usual operations relative to bona fide pre-existing commercial or horticultural operation landward or wetland boundary. I recognize the significance of agricultural lands, the towns farmland provide an important economic value to the town, the north fork, the county and the state and I know although the majority of agricultural area lies outside of coastal areas, there are farms that adjoin wetland boundaries. Built into the code are some exceptions of things that farms do not need permits for even though they fall into Trustees jurisdiction. The exception allows farms to do whatever they need to do up to the wetland boundary, this would include fertilizing. This is neither fair nor equitable. Homeowners are required to put in a 5 to 20 foot buffer on every application to prevent fertilizer runoff from getting into wetlands. But farmers, who are the largest users of fertilizers and pesticides are exempt. I understand the New York State Ag and Market laws but there is no reason why farms should also not have to have reasonable buffers and should be required to keep their runoff on their property. This is something that needs to be seriously considered as the town moves forward and also tries to address compliance with MS 4 requirements. I believe that if this was discussed with the major farmers of the town, that they would support and agree with this. I am sensitive to the need to reduce nitrogen loading so I understand that non turf buffers are necessary in many areas in waterfront but I think fair and equitable and consistent application of rules are necessary and this is something that should be considered (inaudible). Two points. Thank you. SUPERVISOR RUSSELL: Thank you. HOWARD MEINKE: Hi, my name is Howard Meinke, I am from Peconic Bay Boulevard, Mattituck. I just want to comment that on the very first page of the Trustee document, there is a paragraph that summarizes the purpose of the Trustees. I want to comment on the paragraph. In the purpose it states to protect the natural state of the shoreline and wetlands and then a few sentences later, to conform certain regulations to environmentally accepted practice. This paragraph needs some more very important detail, current science has come to absolute agreement on some important facts. Degradation of the groundwater and surface water is a serious and worsening problem. nitrates are the largest polluter, septic waste contributes the lions share of nitrates. Sound front, bay front, creek front, marsh front pollution has the most immediate impact on our Amendments to Chapter 275 Public Hearing June 5, 2012 18 estuary. All current septic systems and most sewage treatment plants add to the polluting nitrate load. There are other pollutants but nitrates are far and away the biggest, with a known soume and a known mitigation. We know how to drastically cut nitrate pollution, starting right now. Nitrate eliminating septic systems are a known and available technology approved by the Suffolk County Health Department. These facts must be part of the Trustees document. The Trustees are Southold's first line of defense and must conform to ever changing, scientifically proven environmental regulations. Thank you. SUPERVISOR RUSSELL: Thank you. KEVIN MCALLISTER: Thank you, Mr. Supervisor. My name is Kevin McAllister, I am your baykeeper and have been since 1998. I want to publicly thank the Board and particularly the Supervisor, you have been very gracious over the years to acquiesce my requests to come before the Board work sessions to bring issues forward and you have always returned my phone calls, so I am very grateful for that. my background is in marine sciences and coastal zone management, which is certainly pertinent to your consideration tonight. I wanted, as a preamble, drive home one fact and that is sea level rise. We are dealing with it, we can debate the causes you know, is it greenhouse gases, is it hatural phenomenon but you know, these bays are expanding, I see the evidence throughout the east end, throughout Long Island. And I think anybody that spends time in the bush will agree with this fact. So with that said, there are two factors to protecting the integrity of these systems, that is water quality and habitat health. So these transitional zones from transition from water to the uplands is so important that we maintain the integrity of these systems to ensure again, health and productivity of the systems. A couple of observations I made on the proposal, in particular I guess I was looking at the relaxed setbacks and I know as an example it was pools that were indicated. Another area within the document indicated actually placement of new structures relative to adjoining properties. We could have 1950's homes that were placed out there, small ranches, and instead of having the concept and I am going to speak in principles tonight, instead of having the concept that we need to actually retreat and start to ensure the integrity of these transitional zones, you are perpetuating rebuilding you know, to a given line. That will all lead again, we are now placing structure and in case of homes and you have heard Howard speak and you have heard me speak numerous times about certainly nutrient pollution from septic systems in proximity and to the gentleman that spoke earlier, this is absolutely an entire watershed issue, it is not waterfront properties. This line goes considerably further back relative to travel times and again water quality issues. But again, I think you are perpetuating or almost allowing the continued development within these zones when in fact with sea level rise, we should be reacting and more into a retreat mode. And really implementing practices or you know strategies that are going to, again, protect the integrity of the transition as I described. What I think this leads to and this is a big concern and quite frankly, I am going to be very candid with you, you have heard me speak over the 14 years, I have serious concerns about shoreline hardening, you know, bulkheads, revetments, geo tubes, rock debris revetments, the list goes on. Ultimately when we place these structures out there, there is going to be a propensity to try to protect these structures under wave attacks and erosional trends. And the next step is some form of shoreline hardening. Amendments to Chapter 275 Public Hearing June 5, 2012 19 Case in point, and this town quite frankly has its fair share of hardening structures. We can call it sill bulkheads, revetments, in some cases geo tubes, groins, jetties, the list goes on, you know, these are problematic and ultimately at the, I guess the effort to protect that shoreline for the integrity of protecting structures, we are in turn losing shorelines for public access and the public use and the public trust doctrine. And that is so important in this town, the right of passage and re-passage. It is so important and again, I think we have to start instilling into our thinking that this, you know, have some vision to this that we are projecting out 50 years and not really making decisions in isolation relative to one application that becomes before, say the Board of Trustees. That in fact you are looking at shorelines in the larger sense extended reaches as to what needs to be done again, to protect the integhty of these shorelines for public use. Fences going to the line of shoreline access and I know it is ambiguous so there is nothing really necessarily to be teased out of this but I do hope that our Trustees will be diligent to ensure that these fences that are being proposed and being erected and I heard deer fences but then also split rail fences, are these going to be placed shore parallel where all of a sudden it is a visual that no, you cannot access the low tide line because there are bulkheads or for that matter, let's say a natural shoreline, again that is public access that needs to be protected. I think it is, again, so important that the concepts and the principles of coastal zone management be applied in this document. I would strongly recommend that you step back, take a hard look at it and really ensure that again, the goals that you are seeking here will be achievable and again, in the greater public interests. And I want to say and I will address the Board but speak to some of the folks, I don't pit waterfront property owners against anybody else. We are all neighbors, this is all a community. We are blessed with just incredible water resources before us but again, we have to be very thoughtful about coastal zone management and again, to Howards comments about waste water for instance. This extends far from the edge of the shoreline. This is literally the entirety of your town that you have to be thinking about. But again, relative to this document, I just ask that you take a very keen eye to the word smithing of it and ensure that again, this is crafted for entirety of public benefit and ultimately we are not inadvertently allowing unnecessary development and I guess stabilization where we are all going to lose. So thank you for considering my comments. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: And just to answer, Kevin, really, we didn't just get this this morning at the work session, we have been working on this for over two years and there are things in here that I don't agree with, there are things in here that other Board members don't agree with, so this is a work in progress. I can't imagine we are going to vote on this tonight. I wanted to get some public input on this so we could see which way we are going. There is a lot of it that is good here, that simplifies the code, that makes it easier to do things that they shouldn't be regulated on doing. Putting solar panels on homes, things like that. on the other hand, there are some things in here that I think go too far but we will get into all of that. Amendments to Chapter 275 Public Hearing June 5, 2012 20 JOHN CLEARY: John Cleary, I live in Mattituck. And I agree with everything that has been said. In particular, I am concerned about the Mattituck jetty, it is just what you indicated before, that the Mattituck jetty is really doing a disservice to the people of Southold, in that it robs the whole eastern portion, east of the Mattituck jetty, of the natural flow of sand and fill. That is an unfortunate thing. But in regards to a conversation that I had before with Mr. Talbot at a town meeting, he wanted to know about what happens to that fill that the jetty forces back on the west side. Well, the United States Supreme Court in a case in California in 1982, said that that fill remains the property of the United States. The property of the United States and no local judge can take it away from the people of the United States. Now, in regard to the same thing, I would like to get this in because it is all part and part of the concept that you are dealing with, we all have navigable waters, the United States, the Long Island Sound is navigable water. Mean high tide mark, there is no problem with that, it takes 19 years, that comes to 13,000 measurements. Two tides a day. in addition to the tide lines, some notation should be made at the height of the beach. The height of the beach is very important because it reflects on another Supreme Court decision in the surf rider foundation in Florida. It says any time the height of the beach is radically impacted, it is avulsion and cannot be owned by any individual. Cannot. It remains public property. Now, I did hand out some stuff that the Army Corps of Engineers called the mean high tide mark. The mean high tide mark is up to the grass. Barfing anything else that said the mean high tide mark. There is a survey that was used in a court case, it is not a mean high tide mark, there is no mean high tide mark in Mattituck other than the original 1949 map. This map is only a map of a seaweed line of October 2006. Seaweed line. Some people have been quoting this as a high tide mark. The survey says absolutely not, he didn't do anything to survey or collect any data at all. I will discuss that (inaudible). Thank you. GLYNNIS BERRY: Glynnis Berry, Peconic Greengrowth. I would just like to ask the Board if they would consider tabling this until after you have looked at the issues comprehensively in your plan. Because I think you will find that you can map most of these conditions so it will be fair, you can understand them more fully. For instance, bulkheading should be zoned. You should know which areas you may want to allow it and which areas that you definitely don't want to allow it, so that you will know where you allow them to gradually disappear and where you do expect to rebuild them or even put them in. it needs a kind of holistic look with clear policy and clear goals that define all those actions that follow after it and you know, you are in the middle of developing these chapters, so why not wait and let that inform this in a holistic way. And also, for instance, the discussion on septic and nitrates is extremely important and it is actually the failure of septic that makes areas unlivable and where you have to abandon them. So it is actually one of the critical factors in deciding whether somebody can stay in their property or not. And so looking at those issues, there are many solutions and those need to be considered as well so people understand and work together on this issue. COUNCILMAN KRUPSKI: Thank you. PATRICIA MOORE: Good evening, Patricia Moore, in going through this legislation, I just have a few comments. In listening in on code committee, I think that the goal here as Amendments to Chapter 275 Public Heating June 5, 2012 21 was discussed also in the presentation, was to try to simplify and clarify. But I am going to point out some things that I think create some problems and may not be doing what you are intending. To begin with, operations. Operations definition now has expanded to the point where it says any activity within Trustee jurisdiction. If you look at operations paragraph 1, essentially anything you do now within that 100 feet setback could be deemed to require a permit from the Trustees. I think we need to scope that down and understand what is truly something that needs a permit and what activity is permissible. In addition, when you are in, again in operations, there is specifically now repairing a structure or any system again is considered an operation. Ordinary and usual maintenance, again, another definition. It has been recognized throughout that that there are lots of structures in particular, initially docks because docks were what the Trustees were regulating for many, many years. It started with the Town Board, then the Trustees and so on. Those structures, there are permits of those structures that go pretty far back, however, what I have been hearing now is that a dwelling, a house, that might have a CO that happens to be inside the jurisdiction of the Trustees, that 100 foot, somehow or another needs a permit, meanwhile it has a certificate of occupancy and it has been in existence there for the whole period of time. There seems to be a disconnect there on, on once we now require any activity to take place or repairs or whatever only on permitted structures and the definition of permitted now is what you guys have defined now as a permit from the Trustees rather than permitted like in the verb allowed, now requires that permit before you can do anything and I was, this also comes up and it is apparent in the exceptions. Again, the reason for the exceptions is to make it clear when it is you need a Trustees permit and when do you not need to go in for a Trustees permit. And what I thought through code committee paragraph 10 you dealt with installations of new or replacement windows, roof shingles, solar panels, siding, doors and second story additions only if additions are within the existing footprints and are made to un upland, again, permitted structure. You are now required, any house built prior to I believe 2004 when this 275 definition of permitted crone into existence, you have now made every house in Southold built prior to 2004 not be able to have any repairs to it even though that the intention here under exceptions was precisely that because you have added that word permitted. So I would ask you to please look at the code carefully, you, I think generically that permitted structure has been thrown in but it needs to be really thought through because there are structures that have been, docks that have been out in the water since the 1800's, early 1900's and the code now says you can't even fix it and that was never the intent but that is where it is going under this legislation. Again, throughout the code, that permitted word seems to wreck havoc and seems to undo what I believe was the intention. A question I had and I didn't understand why it was removed, cutting of common reed to 12 inches, paragraph... COUNCILMAN KRUPSKI: Administrative review? MS. MOORE: Yes, it is permit procedures, it is listed, 2 I, yes, it is out and I don't understand why. COUNCILMAN KRUPSKI: That was a request from the Trustees to take it out of the administrative permit. Amendments to Chapter 275 Public Hearing June 5, 2012 22 MS. MOORE: And where is it? COUNCILWOMAN DOHERTY: You don't need a permit, you should need to go to the DEC. MS. MOORE: Ah, well, good. Well, then it should be in the exempt because by taking it out of that, it leaves it unclear and nobody knows, does it need a permit or doesn't need a permit. If it is as clear as that, just put it on exempt. COUNCILWOMAN DOHERTY: Well, it is not always as clear as that because sometimes you have other protective species within the phragmites, so it is something the Trustees need to review but not necessarily give a permit for. MS. MOORE: So how does one, I guess that needs clarification because if! have a client that calls me and says do I need a permit to cut phragmites, I am going to say I know the DEC wants a permit because of that issue, they don't want to give people carte blanche, they figure you don't know what you are doing and therefore someone has to watch over you. The Trustees similarly may want to look at it but let's make it clear. Not having it here leaves it unclear. COUNCILMAN KRUPSKI: That's one of the things I wanted to leave in because cutting of phragmites, is rarely its just a monoculture of phragmites that you could cut through a foot down, you really should have Trustees come out, administrative permit that it is under now is a $50 permit, only one Trustee has to look at it. MS. MOORE: No, it is not a big deal. COUNCILMAN KRUPSKI: Then you could receive the proper guidance. MS. MOORE: Right. I don't disagree with you on that one. COUNCILMAN KRUPSKI: They can say you don't need a permit, go right ahead or you do need a permit and you can do this and this or you also have to go to the DEC. So I don't, I think that is a better way to handle it. MS. MOORE: That is fine. I don't disagree with you on that one. Finally, on the fee structure for activities that have been previously built without a permit, there is definitely inconsistency there. Also now it seems again, that could be just about anything that is preexisting and again, homes that obviously did not have permits, I know what the intention is here but the Trustees have been very, very aggressive in sending code enforcement out and there has been a lot of justice court activity and you are getting punished twice now. You are getting punished once through the justice court process that you are getting fined and now you come back to the Trustees and you are getting double, you know, the double application fees. So decide, you know, it would make more sense to many of these cases that go to code violations are innocent, you know, again, reading the code that you and I could read it and really would not make any sense to most people. Amendments to Chapter 275 Public Hearing June 5, 2012 23 And again, it is becoming a double whammy, you are being punished twice. Those are my comments, oh, my last comment is on your shoreline structures, this really made no sense to me, individual residential stairs are prohibited on bluffs in the coastal erosion hazard area if the property is part of an association that maintains a common stairway within a reasonable distance. I thought from code committee meetings that it was decided that is too difficult, a lot of subdivisions that have been in existence and they may have a common access but the subdivisions, the one access may be thousands of feet away from properties, 90 percent of the other properties, of the homes in the subdivision, have access stairs and the last ones that are coming in now suddenly have to follow the new guidelines, it is very unfair. It was at least discussed during code committee that new subdivisions are being looked at with common access, with covenants that tell people listen, you are not going to be able to put in your own staircase. That doesn't exist in all of the subdivisions, the older subdivisions. So that paragraph, really one doesn't make sense as a policy and then two, coastal erosion hazard area, that is the entire area including as you go around to East Marion. So and in particular under the coastal erosion hazard law, beach stairs are permissible, are specifically allowed. So there is inconsistency there. I would ask you to look at that. COUNCILWOMAN DOHERTY: Yes, we went back and forth with that and I thought before even code committee and I thought we ended up not taking it out but going to recommend for new subdivisions to have that. MS. MOORE: That's what I heard the conversation being and I understood, I was like, alright, that makes sense because at least new subdivisions would be aware, people buying in will understand what the rules are but you know, Pebble Beach is a good example. I had one where somebody was asking for beach stairs, I actually had to have the surveyor measure out, it was 200 feet out to the road .... COUNCILWOMAN DOHERTY: Yes, I remember that one. MS. MOORE: Yes, you remember that one. It came to about 1,000 feet where, you know, these people have homes that are right there on the Sound and they can't get to their beach. There's, really that doesn't work. That's again, penalizing people for no good reason even the coastal erosion law allows access to the beach. It actually makes more sense to have properly built staircases to give access to the beach than to have them finding ways and following the trails that the deer have left because you haven't been able to train the deer, so, let's keep at it. COUNCILWOMAN DOHERTY: We are working on that. MS. MOORE: I know. Thank you very much. SUPERVISOR RUSSELL: Thank you. Mr. Epidy? JOHN EPIDY: My name is John Epidy and I live on 1090 Ruth Road, Mattituck. I am a resident for 46 years there, raised my family. I am here to address the Board and mostly Amendments to Chapter 275 Public Heating June 5, 2012 24 that lady on the end because she was the president of the Trustees when a permit was given for a fence to go up on Inlet Drive. Now, I would like to ask her was it legal and who did she get the legal and who did she get the legal advice from? COUNCILWOMAN DOHERTY: Was what legal, sir? MR. EPIDY: For the fence to go up on the beach, on the public beach and going all the way down towards the water. COUNCILWOMAN DOHERTY: Well, I think this is not the venue for that question. MR. EPIDY: Why not? COUNCILWOMAN DOHERTY: We are here to address the change to chapter 275, I will be glad to discuss again... MR. EPIDY: No, I would like a discussion in front of the public with you. COUNCILWOMAN DOHERTY: Not during this public heating. SUPERVISOR RUSSELL: Let me just get back to, the issue is 275, the proposed amendments to 275. if there are other issues when we are closed with the public hearing, then we have the open microphone opportunity, when you can raise any issue under the sun. MR. EPIDY: Alright, so I am out of order. SUPERVISOR RUSSELL: We are going to keep everything strictly to the 275. MR. EPIDY: So what do I have to do, Scott? Stick around? SUPERVISOR RUSSELL: Yes. MR. EPIDY: Don't go away. SUPERVISOR RUSSELL: Who else would like to? Gwynn? GWYNN SCHROEDER: Hi, Gwynn Schroeder, Cutchogue. I know it is not about 275 but congratulations on naming Ann Murray to the Land Preservation Committee, she will serve the town well. i am hoping and I am glad to hear that you are not going to vote on this tonight and that you are going to table it. I think parts of this legislation are quite aggressive, I think when the town did a moratorium and rewrote chapter 275, they really took their time, they got a lot of public input and good legislation came out of it. and I agree with Glynnis, you are tight in the middle of your comprehensive plan process. I believe the natural resources chapter is due out in August and you should wait until that time to sort of get input and see w here that all goes and a couple of things specifically, Amendments to Chapter 275 Public Hearing June 5, 2012 25 when you talk about solar panels, I think you have to distinguish between roof mounted and ground mounted panels because there is a difference if that comes to pass. And I just want to refer also to a memo from your CAC and they were talking about the Long Island Sound shoreline and they were really calling for a comprehensive plan and I am quoting their memo, they say we see spot repairs as ineffectual and only temporary and with outcomes that shift destructive energies to adjoining area properties with greater, more damaging vehemence. And they were frustrated by sort of, you know, reviewing permits without a shoreline comprehensive plan. I think we need it for both and just as an aside, I was at a family gathering over the weekend and had I been on the beach when this happened I would have corrected the property owner but they kind of shooed our family off what was not their property, it is public access, it is all bulkheaded and it is narrow but it is public access and I think even something small as taking identifying numbers off a dock is a disservice to the public because if you are walking on a beach and you can't either go over or under the dock, it is kind of hard to determine which house it is, if you are on the shoreline. So these little things, they may be easier for the property owner but it may not be best for the community as a whole. And I just ask you to consider, (inaudible) and the community when you make these decisions. SUPERVISOR RUSSELL: You raised some good points. Let me just quickly speak to the issue, the reason we no longer required numbering of the docks was because we have GPS capabilities now. The bay constable would have no problem ascertaining who the owner of that property and who that dock is at this point. It was one of those things that was required and never really enforced over the years. With new technology we no longer saw it as valid but you raise a good point. MS. SCHROEDER: I understand that but .... UNIDENTIFIED: Inaudible. MS. SCHROEDER: And if I am person that is just walking along the beach, I may not know to call the bay constable or who to, you know, it just makes it difficult for the average Southold person that is walking on the beach. And I think that the point that Pat brought up about common staircases, yeah, we did things in the past because we did them now we maybe know better and so we shouldn't do them anymore and that's my point. Thanks. SUPERVISOR RUSSELL: Okay, thanks. Who would like to go next? Lillian. LILLIAN BALL: Lillian Ball, Southold. I think many people have said really important things and I think the bottom line, I agree with Glynnis as well, that this is a comprehensive plan issue and the natural resources chapter is being worked on as we speak. There are a number of things, I haven't had a chance to go through it all but there are a number of things that I can just point out right now that I think are important issues and I would like to make a, make my voice heard in the record. With the permits, the administrative permits, I really think it is a very good opportunity to inspire people to do the right thing rather than doing the wrong thing. If you make it easier to do the right Amendments to Chapter 275 Public Hearing June 5, 2012 thing it is more likely that it will happen. And rather than forcing everybody to go through numerous loops, administrative loops, so I think it is extremely important that the content of this particular #5, permit procedures item administrative permits is extremely tight. Number 2 D, remodeling or renovation of permanent structure does not seem at all clear to me. What is the remodeling or renovation that will not have an undo adverse impact on the wetlands, it is very vague, it needs to be clearer. I agree with A1 and also with Pat that phragmites might be a perfect thing for administrative permits, it is very rare ibr phragmites to be existing in an ama all alone, even though mono cultures do occur, most phragmites situations that I have ever seen have spartina or button bush, (inaudible) or hibiscus (inaudible) or purple loosestrife or a variety of other kinds of things included in them, so it is not for the general public to say oh, there is a couple of phragmites then that means I don't need a permit. I have explained many times what was explained to me when I first came to Southold by A1 Krupski so well that in fact, phragmites are wetland delineators and if you don't identify them and make sure that people are aware what is going on, they can be removed by people who just think they need more lawn. Instead of having them perform the buffer zone and wetland delineation that they really do indicate, especially in New York State. So I would say that the seed bank is also an issue in a phragmites situation, in my particular case, when you remove the phragmites on Great Pond, all sorts of things have come back. You give them half a chance and all of the native things that are in the seed bank can come back. So there are a lot of issues here that I think need clarification. I also have a problem with 2 I, minor changes to existing valid Trustee permits, what is minor? We have to have a lot more specifics here. There are certainly circumstances in this town where people have applied for applications to the Trustees for additions to their home or maybe a very simple looking deck and in fact end up tearing down the entire structure and rebuilding entirely. And in my experience, that has happened enough times in my recent memory to say that that really warrants an extra look over. Then in defining purpose jurisdiction and setbacks, 275-3 I guess that is D-l, setbacks. I am in favor of maintaining 100 foot setback for all new structures. Swimming pools, houses, beach cabanas, whatever. 100 feet back is nothing, in our area where there is groundwater as high as 1 foot. I mean, any kind of building in an area near the wetlands I think you should really maintain the Trustees jurisdiction at any cost. Because of sea level rise and many of the other groundwater issues that we are discussing tonight. And then the final thing that I wanted to make a comment on is the non-turf buffer. I believe very strongly that the non-turf buffer should be applied to both residential and commercial properties, 5 to 20 feet is not very much and it is barely enough to prevent .any kind of run-off coming out of construction or fertilized areas, pesticides, etc. I would really encourage you to look very closely at that because the MS4 requirements are quite clear that everybody, all properties should be keeping their run-off on their actual lot. So this is a really crucial item and one that I think really needs to be examined very closely. So thank you very much and I will read the rest of it, when you come back after tabling it. SUPERVISOR RUSSELL: I just certainly hope the community appreciates how hard we worked to bring the community together, we brought property rights advocates like Southold VOICE together with environmental advocates like Lillian Ball and Gwynn Schroeder to talk in one voice. Unfortunately, they are saying hey nitwits, take another Amendments to Chapter 275 Public Hearing June 5, 2012 27 shot at this law. Who else would like to address this particular law? LOUISE HARRISON: Good evening, Supervisor and members of the Town Board. My name is Louise Harrison, conservation and natural areas planning. And I am actually a new resident to the Town of Southold. I live at 175 Diamond Lane. But I am not new to the topic of wetlands protection. Most of my career has been involved in that. 1 worked in the New York State DEC back in the 1980's and was in charge of all the fresh water wetlands in Suffolk and Nassau county in terms of permit review, enforcement and mitigation. As well as some mapping. And I also worked with the New York State Department of State in the coastal program and was heavily involved in the Long Island Sound coastal management program. I am very familiar with your local waterfront revitalization program as well, although I did not work on that personally. I recently was a biologist for the US Fish and Wildlife service on the Long Island Sound program and my major topic areas were habitat restoration, stewardship including land acquisitions, endangered species and invasive species. I have worked for New York State parks, I was executive director of Friends of the Bay in Oyster Bay and was heavily involved in wetlands protection there as well. So I just wanted to introduce myself to you, I plan on being in Southold for a while and I hopefully forever. I love it here. I am really encouraged by what I heard tonight by such an involved community that you have. Many of the comments are excellent. I would like to echo everything I heard from Kevin McAllister, I agree with almost everything I heard from Ms. Moore, I am not sure I got it all, I didn't quite hear it all. Lillian Ball's comments were excellent and I don't know the names of everyone else I heard but you received many, many cogent remarks tonight and I hope you will take them all into consideration. And just from listening tonight, I hear that you are working on your comprehensive plan and that a natural resources chapter is coming out soon, so I would agree that you'll want your new wetlands revisions to this code to be in conformance with that and your MS 4 program planning, you do need to keep in mind sea level rise and adaptation to that as you go forward. So the idea of buffers and setbacks is critically important as you think of that. it is a good time to look back at your local waterfront revitalization program and make sure that your new code is in conformance with all the work that went into that and your coastal erosion hazard area legislation. I don't want to get into too many details tonight because I only had a chance to look at this revision in a cursory way but something I didn't hear anybody mention quite yet, i do want to support everybody who said not to weaken your setbacks. I think I said that already however. It is about the docks and other appurtenances being allowed to be up on a marsh during certain times of the year, I am trying to find it, it is on the last page under dock locations and lengths. It says no floating docks, floats, dock components or boats shall be stored on tidal wetlands or other intertidal wetlands between April 1 and December 1 of each calendar year. I think I may understand why that was placed in there because people are thinking about the wetland vegetation having a growing season, perhaps that was the reason? COUNCILMAN KRUPSKI: Yes, it is. MS. HARRISON: Okay. Well, there is also an erosion season and when you have ice and nor'easters you can have, you have a grinding and a movement of heavy objects like Amendments to Chapter 275 Public Hearing June 5, 2012 28 docks and other things that can be left up on a marsh and you can have a tremendous amount of erosion and destruction of a marsh if these things are allowed during other times of the year, especially during storm season. So that is something to consider. COUNCILMAN KRUPSKI: That is why in 2004 we put that in there. What is not underlined is current, that they can't be stored there at all. Alright, the proposed change is to allow them to be stored... MS. HARRISON: It does seem like to be stored now. COUNCILMAN KRUPSKI: No. MS. HARRISON: Okay. COUNCILMAN KRUPSKI: The proposed change... MS. HARRISON: Maybe... COUNCILMAN KRUPSKI: Is to allow them to be stored. MS. HARRISON: Is to allow them to be stored. And I am suggesting they not be allowed to be stored on the other times of the year because it can be destructive. Okay. I am not going to go into anymore detail on this except I don't think you ought to lessen your setbacks at all and there is that swimming pool and related structures 50 feet from a bluff, I disagree with that entirely. That should be maximum setback. Thank you very much tbr your time this evening. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? BOB GHOSIO: I am Bob Ghosio, I am from Greenport and I am vice president of the Board of Trustees. Speaking for the Board of Trustees, I think is or at least getting comments from us at this juncture I think is kind of appropriate since we are talking about the code that the Trustees generally use in making our decisions. I am pleased to see so many people came out, I am kind of excited that out of the three public heatings tonight ours was the most interesting and had the most participation from the community. It does, it serves a couple of purposes and one of them is it kind of justifies the existence of the Trustees and proves the importance of what we do. And I appreciate everybody taking time from whatever they would normally do on a Wednesday night to be here for this. I just want to make it clear, one of the things that I have heard here tonight, some of the comments I heard are please take your time, the Board please take your time in reviewing this, don't come to any quick decisions on it and I would agree with those comments. I just want to point out that while A1 rightfully said that the Board had been working on this for a couple of years, this was a process that began with the Trustees back in 2007. in fact, it originally began with Peg Dickerson. Peg was still on the Board Amendments to Chapter 275 Public Hearing June 5, 2012 29 when we started the process so this is an accumulation of about 5 years so far. Why I appreciate and would expect us to take the time that is required to make sure that we are doing the right thing and be somewhat comprehensive in the changes that we make and make sure we are doing the right thing, I would hate to see it drag out another 5 years. And that is just a concern I have, I bring it forward to you. I know that we wanted to have this process moved along because right after this we have to deal with coastal erosion law which is 111. there are changes we have been working on, again, Peggy was on, she was responsible for starting the 275 revisions, I was in charge of starting the 111 and we were trying to coordinate it all at the same time so that when we brought the changes to the Board and to the public, that we would have a really comprehensive discussion and decisions would be made. Some of the concerns we have, in particular some of the things I have heard tonight, I just want to take a moment to address at least from our perspective. The pools on the top of the bluff and t he setback issues, I think in general we understand the need for the setbacks and I don't think that this is going to be, whether or not we change the setback for pools from the top of a bluff from 100 feet to 50 feet isn't going to make or break the changes in this law as I see it anyway but to explain why that came up, it was a practical issue. We were coming across so many properties that were on the Sound side particularly that were within the bluff area, that were in the bluff areas where 100 feet was not practical whatsoever and in fact, when we were making some decisions, there was no way of meeting it. so we were giving basically a variance on a setback anyway, which is within the rights of the Trustees Board. So that was more or less a practical issue. If we want to keep the setbacks there, the procedure and the process would remain the same and everything would come, you know, it would be on a per applicant application basis and whatever we would decide would be decided. But I would prefer to be transparent about it. I don't want to have a code that says 100 feet and then we go ahead and allow something at 50 feet anyway because the practicality is that's the only place it could go. Well, not necessarily, there are those exceptions where you would allow where there is no reason not to. Without getting into specifics .... COUNCILMAN KRUPSKI: Actually, as far as the pools go, a lot of the pools that are put in that scenario replace lawns so they sort of, there is really no environmental degradation there because you are replacing a lawn with a pool. MR. GHOSIO: And that is my point. COUNCILMAN KRUPSKI: So it is not being fertilized, it is not being treated with anything... MR. GHOSIO: No, no because one of the things and anybody who has been to any of the hearings know that one of the things that we arrive at almost every time, is that I want it to be a non-chlorinated pool. Either be a salt pool or something along those lines and we always, always insist on drywells. So it not that this is just a blanket kind of thing. It is practical issue. Again, the Board at your discretion, I don't think it makes or breaks the process at all. It is not going to be something that we are really going to want to go around and around on but I wanted to explain the reasoning, so people explained where Amendments to Chapter 275 Public Hearing June 5, 2012 30 that came from. I just want to point out that one of the changes in here that we thought was important was the moving the fences from 10 feet from mean high water to 20 feet and the reason for that was the very issue that somebody, I forgot who it was who brought it up, was the definition of mean high water mark. That is a very difficult definition to work with. We, all the research that we did indicated 18 ½ or 19 year lunar cycle involving, you know, trying to figure out what a mean high tide mark is. Well, when the Trustees go out and we look at things or fences or anything where we have to deal with mean high water marks, really the only thing we have to work with when we go out to the site is the rack line, the apparent high water line which is a more practical thing for us to use when we go out on inspections. But that is not necessarily the right way of doing it. so at least by moving it back from the 10 feet to the 20 feet, it gave us a little more leeway to assure that the public doctrine is enforced and that no matter what happens we are able to assure the public access to the beaches is proper. So that is where that number came from. Again, the phragmites issue, again, that was just a case, again, it is not an issue that is going to make or break the changes. We can certainly take that out altogether. Again, that was a practical thing or you know, how we, a lot of folks are going out and getting two permits to do the same thing. DEC is giving the permits for it, they are making notations on their permits, we are going out and looking at it too. It didn't seem to make a whole lot of sense to us, since it was already being done by the DEC but by all means, if the Board would like the Trustees to continue making those inspections, we would be glad to do it. I think the only other thing that I would bring up at least from the Trustees perspective, is the exemption that somebody brought up. I think John Betsch brought it up and I believe Lillian may have addressed it a little bit is the exemption for the farmers for the agricultural, modified agricultural, concerns in town. We would agree that the Ag Markets law is an important law, we also would agree that agriculture in our town is a number one priority but it does seem a bit unfair that we would just give a blanket exception when everybody else in town has to have some kind of a buffer. I would only, even if we were to give it, specify a five foot or a ten foot but allowing an exception all the way up to the wetland line may not be the thing we really want to do as a town when we have so many other people who have to have a five foot non-turf buffer. That is just, you know, the Trustees are all pretty much on board with that notion, we would like to see at least something there. COUNCILMAN KRUPSKI: A lot of towns have tried to regulate agriculture out of their town and it is a result, what will result in that is instead of some of your food from China and Brazil, you will get all of your food from China and Brazil. MR. GHOSIO: Oh, believe me, there is no intention here of trying to regulate farmers out of business, believe me but the .... COUNCILMAN KRUPSKI: That's not what I am hearing. MR. GHOSIO: Not from me. I mean, the lobstermen and the fishermen in town, they have regulations they have to adhere to also and certainly I would think that if we are going to ask everybody else to have five foot non-turf buffers on their properties, I don't see that as being a real, at least I would hope it wouldn't be a problem for the farmers Amendments to Chapter 275 Public Hearing June 5, 2012 31 either. And you know, I think that is the way that most of the, if not all of the Town Trustees feel. Aside from that, I think that we have a lot to be proud of here in Southold, I think that when you take a look at some of the coastal towns along the eastern seaboard particularly in Florida and the high tourist areas, when you look at aerial shots of what they look like, what their shoreline looks like and then you looked at an aerial shot of what Southold Town looks like, we have an awful lot to be proud of here. I think that as a Board, traditionally and as Trustees historically, while there is room for improvement, we have done a good job overall. And I think this is just another step in keeping that work going for us. That was it. I just wanted to make some comments. Thank you for taking the time. SUPERVISOR RUSSELL: Mr. Cleary, before I go to you, I would just like to see if there is anybody who hasn't spoken yet that would like to speak, to please feel free to come up. And then I will go to round 2 right after. DAN DURETT: Dan Durett, 505 Wiggins Street, Greenport. And I will thank the (inaudible) because I left the Greenport Jr/Sr high school spring concert to come here and hear the public comments and I will tell you the harmony at the high school was much better than the harmony here. If you will allow me that privilege. I think our youth are perhaps teaching us at this very moment or they should be finished by now, what harmony really means. I think many comments have been made and they are very distinct, very succinct in their direction. I think again the comment has been made that the Board is very fortunate to have this kind of public input. Two things however, I wasn't going to say anything until the whole point about mean high tide and the whole. public trust doctrine that needs adherence to and some clarification and then also, the point about the pools and the exceptions that are in the pools allowed here for from 100 feet to 50 feet and there has been this ongoing history it seems, I would just like to read a comment, the name will remain anonymous if I may for right now, it says 'We had to go to court where the old town code did not cover pools as structures like homes, garages. So the property owners won round one, the town appealed and argued that that has always been intent and practice and they won and changed the code so that pools were structures and under town determination. Now, today, to separate pools again can tip the scales the other way and say if pools at 50 feet, why not homes?' I read that portion there because you know, again I have only been here for 7 years but there is something in the history whether it is coastal zone management or land use management that there has been exceptions and I am concerned about the exceptions. I will close just by asking each person both in the public and on the Board, to take a look at Fritz Helings, he was Democratic senator from South Carolina, he was very influential in terms of the coastal zone management. Much of his work that he did in the 80's and 90's was directed towards the conclusion that you just stated that Southold does has a lot to be proud of. And I see winces when I mention looking outside of Southold and I think sound science is sound science regardless of where it comes from and I think that is the driving force and as always, I will end with my usual refrain is what are we leaving for the youth? What is left 5 years from now and 10 years from now and that is the purpose of my Amendments to Chapter 275 Public Hearing June 5, 2012 32 remarks. Thank you. SUPERVISOR RUSSELL: Anyone else who hasn't spoken yet? Mr. Cleary had his hand up first and then I will go to you but if there is anyone else that hasn't spoken yet, I would rather give someone a chance, let me give everyone a chance to speak the first time, then we will go for round two. Dave? DAVE BERGEN: Thank you very much. Dave Bergen from Cutchogue and also a Trustee. And without wasting time, I want to echo, a lot of the comments that have been made tonight have been excellent and very useful. This process has been going on for years, this process, when I refer to this process, the amendments to 275 as well as amendments to 111 and other codes that the Trustees work with. And there is no intention of trying to force this through tonight, if it takes more time, it takes more time. That is a good thing. There is just one thing that I do want to echo, a couple of people about and that is the ag exemption. Now, I first want to say, I am not against agriculture, I am not against aquaculture. Agriculture is extremely important to our local economy and not just our local economy or state economy or national economy and the well being of the people here in the United States. That being said, when 236 came through, the stormwater runoff code, the Trustees recommended that the ag exemption be taken out and the code committee put it back in. and the Town Board approved it and I know this Town Board has been working with a situation on Mill Road in Mattituck, where because the ag exemption is there, there is runoff from a farm that is going into the Mattituck Inlet and is degraded the quality of the water in Mattituck Inlet. There's other areas in town where the same thing has happened. So now the Trustees put in here, into our proposed changes, that the commercial and agricultural activities had to come in for a simple administrative permit for activities within 25 feet of the wetlands. Code committee took that out. So the Trustees are trying to support the importance of the buffer that needs to be created between upland areas and our valuable wetlands. And I really hope that there is serious consideration given to that, to putting that back in, what the Trustees have recommended. Not prohibiting but at least having, requiring commercial and ag to come in to the Trustees for a simple permit for activities within 25 feet of the wetlands. Science, everybody here agrees, that the use of fertilizers, pesticides, in some cases herbicides, right down to the waters edge is not beneficial for our water. You have heard Kevin McAllister and others talk about nitrogen loads into the waters. Certainly with fertilizers you are going to have nitrogen loads into the water and all I am asking is please work with us and try to address that exemption because we tried it in 236, it was taken out and the town is now dealing with a lot of problems because of that. Let's avoid that issue here with pesticides and fertilizers. Thank you. SUPERVISOR RUSSELL: I am going to go to you, Mr. Meinke. I just want to address that issue, the farmland exemption. The ag districts law speaks to the issue with regard to application of fertilizers, pesticides, herbicides, they are all heavily regulated right now already, by other jurisdictions. Earlier you had mentioned, the issue of phragmites is already being reviewed by a jurisdiction, the DEC. from a practical standpoint, you are right but so is the application of pesticides, fertilizers, herbicides it is a heavily regulated industry already without having to add the Trustees to that. But ag districts and markets Amendments to Chapter 275 Public Heating June 5, 2012 33 law ties our hands as to what we can apply to bona fide ag operations and what we can't. that's the issue we have to deal with. We have to deal with jurisdictions just like Trustees can't extend permission beyond what the DEC does. We can't extend regulation beyond what ag and markets lets us. And you see those challenges in every aspect every day. COUNCILMAN TALBOT: You know regarding the agricultural pieces and the one you referenced there, Dave, those two farm, well, that one and the one on New Suffulk Avenue where it floods Deep Hole creek extensively, those farmers actually were working with the town. They changed crops, they changed the way their furrows were going to try to alleviate some of it, so I think the farmers are aware that it is an issue and the one over on East Mill, they have been working with us to try to address it as well but they also are not within 25 feet of the wetlands. It goes down hill on the streets, but the 25 feet of the wetlands wouldn't address those particular farms but they have been working with us to try to correct it. so they are aware it is a problem as well. MR. MEINKE: Thank you, Scott. I just wanted to reiterate about the degradation of our groundwater and surface water by nitrate. This is very, very important. The Peconic Bay estuary program is the 28th estuary program, it is an important one. Our estuaries are the nurseries for all the marine life and goes out into the ocean and it goes all around the world and marine life is the food for an awful lot of disadvantaged people and we are losing marine life and the oceans are losing it, so the estuary is exceedingly important. Now, we are putting a nitrogen loading that is increasing and it is slowly destroying the estuary and we will have to do something. So this isn't particularly a discussion I am sorry against the Trustees but it is just that this is an important issue, it is a Southold Town issue, we are going to have to look at it, it isn't going to be easy because we are degrading the groundwater and the surface water right the way we live right now. As we add development, we are going to make it worse. As septic systems get older, we are going to make it worse. How we do this, there will be a financial problem which you guys are all going to have to worry about but it does have to be solved and we are a progressive operation out here in Southold Town, tourism and the clarity of the waters and our marine business, it all depends on keeping the estuary pure. We should make that a priority and it isn't going to be easy, it is going to be hard work for everybody but we should keep it up front because it is exceedingly important and it is very easy to sit back and just let the stuff ooze into the water, you don't see it, you don't smell it, not for quite a while yet but it is doing it, so we all got to pay attention to it and get behind it and contribute to the solution. And I think it is exceedingly important and I would like to see us get on it and start national discussions right now. Thank you. MR. CLEARY: Just a quick question again. John Cleary again. Same picture, I don't know if you can get a good picture of it, this is a random one that I had. This is the Mattituck inlet area. I will pass that out. But regarding rack lines, I had some pictures that I lost one between home and here, but last week there was a whole bunch of rack lines along the beach and yesterday morning there were none and two feet of the beach was missing. That is why you need a mean high tide mark of 17 years. That is the random one and you can see all the rack lines. Sunday night came, they were all gone. Amendments to Chapter 275 Public Hearing June 5, 2012 34 SUPERVISOR RUSSELL: Thank you. We are still on 275. What we will do is when we are wrapped up with 275, we will go to the regular comment period. COUNCILMAN KRUPSKI: Jill has comments and I have comments also. SUPERVISOR RUSSELL: Okay. Please go ahead. MS. HARRISON: Thanks. Just to follow up on the setback discussions. Some very fine additional comments were made since I last spoke. But I am very concerued about the concept of reliving a setback requirement because it is something we always do anyway with variances. That is just not a good reason. If you have to go through a variance procedure, one would think that in doing so, you are evaluating a real need and making someone prove the real need and providing an opportunity to the land owner to understand what some of the concerns are and why the setbacks are in place and what can be at risk. And when you put something very valuable closer to a bluff, like a swimming pool, you are putting your investment at a risk because bluffs don't stand still, as we all know they erode. And that is what leads to shoreline hardening requests later. So if we want to leave our shorelines natural and avoid the need for hardening structures to protect peoples financial investments, we try to keep their financial investments as far back from the bluff as possible and I think it should remain as a requirement for a variance if 100 feet is not enough. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on chapter 275 proposed amendments? COUNCILWOMAN DOHERTY: I just kind of wanted to reiterate what Bob was saying. I was on the Board of Trustees for 5 years and this was not something that Trustees decided to change the code and go into a room and brainstorm. These are issues that constantly came up to the Board on a monthly basis while we are working on the application. And they would come up and we would go, okay, we will work around it and these are the things that constantly came up and became issues and we started making a list and we would discuss it and we would try to work with it and this is how we came to propose these changes. And it is something that has been a work in progress for years and right now they have another list that they are working with and that they will, you know, propose to change. The Trustees are working with the Planning Board on the natural resource component of the chapter, it is something that as the town evolves, the code has to evolve and it is not just for 275, it is for all our codes. So it is not something that the Trustees have looked at lightly, it is something, it is numerous discussions, numerous public work sessions we have had before it even came to the Town Board. Numerous code committee meetings. I just wanted to touch on the setback. It is a practical reason why we are coming back with that because a lot of the properties in Southold Town that exist that have houses on them since the early 1900's, the properties are not 100 feet, they are, you know, so, it's, they might only have 50 feet of lawn so if they come in and they want to repair their cottage, we try to do the maximum setback as we can. Of course, the more property, the larger the setback the Trustees feel. So those are some of the reasoning's behind the issues that came before us and the changes we proposed, the Trustees proposed to the Town Board. And it is something that we worked Amendments to Chapter 275 Public Hearing June 5, 2012 many different departments, we did research and I think that this is a great group here, l am pleased that everybody came out to give their comments and I am looking forward to working with this more so we can tighten it up and integrate some of these comments in here. It's, this is a code not for the Trustees, it is a code for the people of Southold Town and the people should be involved in developing the code. So it is good that everybody has come out and we need to continue to work on it, obviously, with all of the comments tonight and hopefully we will continue to work on it and come to some resolution and there will be further changes, even if we make some of these changes now, in the future with the natural resources chapter, there will be more changes. So I think it is good that everybody came out and we are discussing it now. COUNCILMAN KRUPSKI: Just to go back even further, in 2000 when the Nature Conservancy came up with a meeting group, a work group of all east end towns and we met once a year for a couple of years and discussed all of our common issues on the waterfront, the Trustees and the natural resource departments of the east end towns. And as a result of that, the Trustees started rewriting the town code which was woefully inadequate in 2004. Took us over a year, meeting almost every week and this is basically what we came up with. Since then, like Jill said, the practical reality set in of administering the code and a lot of changes, not a lot of changes but there were some adjustments that needed to be made, not only to make it easier for the town but easier for the people because you have to live on the water and you have to fix your home and repair it or build a new home and live there. And you have to do it if, if you are the government agency and you are going to have jurisdiction, you have to do it in a way that is fair and timely. So I would like to comment on some of the specific codes just to put that in the record. I do agree with what Pat said about the permitted structure. Originally we put it in because you should be able to fix, make any repair on a permanent structure whether it is age or from storm event or without any action by any town agency but I don't think anyone looked at a house that was pre-existing the code and that is a good point. We were really referencing bulkheads, docks, groins, things like that. as far as the setback goes, generally I found that in 20 years with the Trustees, swimming pools to be pretty environmentally neutral. I think we should add non-chlorinated pool to that because usually they are replacing a turfed area. A lot of the comments that Chris read earlier came from the MS 4 committee in town. The MS 4 is a state mandated program about drainage in the town. It helps us with surface water quality and a lot of those comments are going to be worked into the code as far as drainage review at the Trustee level. The Trustees already do a very good job as far as the drainage review but it should remain clear in the application that even if the Trustees don't require something drainage wise, that another section of another town code does and that is important. 275-10, contents of permit C, we had put in originally a schedule of when operations would be conducted, there was an effort to take that out. I am still on the fence about that, I don't think that is too onerous, I think they could put the operation will be conducted as soon as the permit is issued and that would be the schedule or for a larger project, the Trustees had some concerns about what the schedule of events would be, I think then they could require a more severe time table. 275-11 A 4 b, there was a change put in here temporary or seasonal snow fences may be permitted upon showing a need for erosion control at the Amendments to Chapter 275 Public Hearing June 5, 2012 36 Trustees discretion, I am not convinced that is a good idea. I don't like the idea of snow fences on the beach, we went through this about 10 years ago about fences on the beach, generally it is not a good idea, even if they are clearly on private property they can become debris in the water in a storm event, they can also cause erosion in a storm event. 275-11 B g, new bulkheads in bays or creeks are prohibited unless the operation involves construction of a low sill bulkhead. There was interest in adding 'or connects adjoining functional bulkheads.' I never saw in the creeks or the bay where that appropriate because you are hardening the shoreline in a creek or a bay and I will still be against adding that. in the section with docks, 275-11 C 2 under docks, there was interest in having all floats and docks have the appropriate permit number permanently affixed, to have that removed. I don't understand why that is so difficult to have the permit number put on a dock for identification. I think that should stay in. and that was it. I think the Trustees put a lot of work into it and I applaud their efforts because the majority of the changes are really going to make it a lot easier for everyone and thanks for the work. COUNCILMAN RULAND: Scott, may I? I guess I am going to address my comments mostly to Bob Ghosio because he and I have spoken previously about some things but I sensed in your voice a small amount of disappointment in that, I think your words were 'I hope this doesn't languish forever' My only observation is and it is very similar to the last one I made at the last meeting is this is part of the process. Whatever is brought forth and there were other things brought tbrth previously that had to do with parking and pet waste and things previous to that but until you hear from the people and every idea or comment that they have, you really don't know whether what you are proposing is sound or whether it needs work like Albert was saying or Jill was saying. Because lots of times, I know the comment was made this morning by Scott about the set of neutral eyes, someone who is not involved in the process, looking and reading something and coming up with you know, what does this mean, how is it interpreted and sometimes when you are on the inside and you are trying to focus on something that you believe is right, you are not looking at it exactly as other people would especially the people that may be affected by it, so the process I believe is alive and well. We received a lot of written comment prior to this to digest as well, certainly as was stated before, it would be imprudent to try and enact something like as proposed tonight with as much comment as we had received previous to the meeting plus tonight because there are many things to contemplate and I know the town attorney has been feverishly taking notes down there because I can see him writing and as it should be, there is no other way to say it other than in the end just tike the parking problem, we are going to come to a consensus on this issue that is going to be workable and then we are going to move on as Jill says because the only thing that we know that is constant is change. It is all the time, things are changing. Mr. Durett talked about that and it will go on and truly, he is right again in that what will we leave the next generation or the next generation after that. hopefully we leave them that prudent people with prudent minds sat down around the table or in a forum and came up with ideas that made this place a better place for them in the 50 years that hence was mentioned. Amendments to Chapter 275 Public Hearing June 5, 2012 SUPERVISOR RUSSELL: motion to close? 37 Okay, if there is no other comment on 275, I wilt get a This hearing was closed at 9:52 PM EliJ..a/oeth A. Neville Southold Town Clerk RESOLUTION 2012-493 WITHDRAWN DOC ID: 7921 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-493 WAS WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 5, 2012: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of May, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" 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, and 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 275~ Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. ~'~" ~' ..... ~ ..... : .... : .... ~'~;~ Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE -- The raising or cultivation of nursery spav,,,n s~c!!figh ~ water .......... ~, ~..~= ........ :, ~ ............................ ;.~ ,~, within the l~esolution 2012-493 Board Meeting of June 5, 2012 boundaries of the Town of Southold excluding the Long Island Sound and those defined under Creeks. BEACH -- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe of a dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. BOAT/VESSEL -- Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean high water. This definition excludes floating docks and swim platforms. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of Southold and/or Suffolk County and designated by the New York Department of State as Critical Environmental Areas worthy of protection including but not limited to: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. FLOAT -- See Boat/Vessel FUNCTIONAL -- Any structure that has essentially retained its purpose and use :~ithha4he~g4 .......... v ........ ,, ..... v ............................. as determined the Board of Trustees. GROIN -- A man-made barrier typically perpendicular to the shoreline used to change the natural littoral drift, prevent erosion, ' . ' ' _ , or protect an area from wave energy. ~ JETTY -- A man-made b ' '" .... a:~,J ....,u~ ~u^~:.~ arrler v,-v .......................... used to dr:,~, maintain beach elevation, prevent erosion, and maintain inlet entrances.. ~-ptq~q-~awa LOW-PROFILE JETTIES -- The definition of a low-profile jetty is site specific, but typically is a structure no higher than 18 inches tv, 24 :.nchc: above existing soil or sediment grade on the down-drift side and shall not extend seaward of apparent low water. MATERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud, wood or any other material, including liquids, organic or inorganic. MEAN HIGH WATER (MHW) -- The average of all the high water heights observed over the t p i ~: .............. :~ ight d h lfy p i d MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previousq~ eighteen and half year period. MOORING -- Anchoring for greater than 34 4_~8 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area ..... LJ ............... wL: or as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement Updated: 6/5/2012 2:I8 PM by Lynda Rudder Page 2 Resolution 2012-493 Board Meeting of June 5, 2012 of signs or other activities may take place, except that man-made debris may be removed from such area by hand without the permission of the Board of Trustees. NONTURF BUFFER -- A designated area where turf grass, pesticides and fertilizers are not permitted. Any pervious material allowing for percolation of surface runoff into the soil i~s allowed. Examples include: natura! native vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff generated by such structures must be allowed to percolate into the ground directly below the structure ................ : OPERATIONS (1) The removal of material from wetlands or any other:,'ise activity within Trustee jurisdiction. (2) Thc,~,~v,~.~ '~ ..... * .........e, ............. The placement, repmr or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds on wetlands or otherwise within Trustee jurisdiction. (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or otherwise within Trustee jurisdiction. (4) The erection, construction, alteration, repair or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin, or any system or other structure, temporary or permanent, on wetlands, or otherwise within Trustee jurisdiction. (5) Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. ORDINARY AND USUAL MAINTENANCE -- Actions on a permitted, functional structure which do not involve more than 75% of the entire structure which are required to preserve in a condition or state of equivalent quality to that which was approved or required by permit. PIER -- A fixed structure to secure vessels, unloading or loading persons or property or idi g the c~ ,,...k~c ,, prov n access to water SEASONAL STRUCTURES--- Structures that may not be installed prior to April 1 of each calendar year and must be removed by December 1 of each calendar year. SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters. D ..... SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. TOWN WATERS -- All the waters within the boundaries of the Town of Southold WETLANDS (TIDAL) (2) All banks, bogs, meadows, flats, and tidal marsh and beaches subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina altemiflora), salt hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicornia spp.), sea lavender (Limoneum spp.), marsh elder (Ira frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. Updated: 6/5/2012 2:18 PM by Lynda Rudder Page 3 Resolution 2012-493 Board Meeting of June 5, 2012 of Southold. (1) Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code (2) (3) (4) (6) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; Any creek, estuary, stream, pond, canal, or lake; Land under water; Land subject to tidal action; Land within 100 feet of the areas listed above; All Town waters. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) Btuff4in~. Top of bluff. [4] Swimming pool and related structures: !99 50 feet. § 275-4. Exceptions. The provisions of this chapter shall not require a permit for the following: (3) The ordinary and usual operations relative to a bona fide.preexisting commercial agriculture and or ~horticultural operation landward of the wetland boundary. (5) The ordinary and usual maintenance or repair on a permitted structure (of the same dimensions) of a functional building, dock, pier, wharf, jetty, groin, dike, dam or other water-control device or structure c .....u:~u ~,~,~, ......... -~--:' has bccn :,zzu~d by a,~ q- (9) The demolition, removal, repair and/or upgrading of existing residential fuel tanks, fuel lines, fuel dispensers, installation or burial of a residential propane tank, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (10) Installation of new or replacement windows, roof shingles, solar panels, siding, doors, and second story additions only if additions are within the existing footprint and are made to an upland, permitted structure. (11) The relocation of an existing septic system from within Trustee jurisdiction to outside Trustee jurisdiction. (12) Flagpoles specifically used for that purpose, with a base not greater than 4 feet by 4 feet. (13) Operations landward of a public road whereby the public road is located between the waterbody that is the source of Trustee jurisdiction and the operations. (44-)(14) Notwithstanding the above listed exceptions, operations within a designated nondisturbance buffer are prohibited. § 275-5 Permit procedures. B. Administrative permit. Updated: 6/5/2012 2:18 PM by Lynda Rudder Page 4 Resolution 2012-493 Board Meeting of June 5, 2012 (1) The administrative permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by §275-3 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas, applicants may request an administrative permit review. This review does not relieve the applicant of providing all the application requirements ({}275-6) or obtaining permits from other jurisdictions, including, but not limited to, New York State Department of Environmental Conservation and United States Army Corp of Engineers. Under the administrative review process, each application will be reviewed by at least one member of the Board and approved by the majority. See {}275-8H for details of approval. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in {}275-11: (d) Remodeling or renovation or r~e,,':stmctie, n of a permitted structure, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. ¢0Lg) Construction or installation of drainage structures for the retention of runoff, provided that such structures incorporate the maximum feasible setback from wetlands and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. {j-)(h)The construction of a permitted bulkhead as per {}275-11, which is to replace an existing functional bulkhead, subject to the following: ¢)(i) Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for administrative review. (4-)(i)Minor restoration or alterations of landscaping. (-m)(k)Decks. (-n-)(l) Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. pr%, ................... v (-p)(m) Dredging work necessitated by the accumulation of silt from runoffor other circumstances not the result of activity by or on behalf of the owner of the property. (q)l~n~) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. (o)Deer fences if located a minimum of 25 feet landward of the Updated: 6/5/2012 2:18 PM by Lynda Rudder Page 5 Resolution 2012-493 (3) Board Meeting of June 5, 2012 wetland boundary line or bulkhead line, whichever designated line is most landward. Under no circumstances are deer fences permitted in a non- disturbance area. Any such activities s~a!! may require the addition of a nonturf buffer area ncr to ~ as defined in §275-2. § 275-6. Application. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the C4erg Office of the Trustees. Such application shall contain the following information: (2) At the discretion of the Trustees, a schedule for the proposed activities with a completion date. (8) Such application shall be accompanied by a survey and topographical map, created no more than one-yea~ five years prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. (14) Drainage upgrade. At the discretion of the Board, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two-inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. Applicants may have additional requirements to meet compliance with Chapter 236. § 275-7. Fees. Every non-administrative application for a Trustees wetlands permit filed with the C!crk Office of the Trustees shall be accompanied by a filing fee of $250 which includes the first site visit, no portion of which shall be refundable. The fee for an administrative permit shall be $50. $100. For str-ucm~ activities that have been previously built without a permit, the fee will be doubled. Ifa preapplication site visit is requested, the fee shall be $50, which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves activities that were the subiect of the site visit. E. Dock and float fee. Every application for a new dock or float shall include a fee Updated: 6/5/2012 2:18 PM by Lynda Rudder Page 6 R~solution 2012-493 Board Meeting of June 5, 2012 Town Board. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M1 and M2. § 275-8. Processing of application. Presubmission conference. Applicants are encouraged to schedule a voluntary presubmission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and nonbinding, but this meeting is intended to facilitate communication between the applicant and the Board. There will be a fee of $50 for this conference which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves structures that were the subject of the site visit. Investigation and coordination. Upon receipt of the application, the C-t~vk--Office of the Trustees shall maintain the original in the file and forward one copy thereof to each of the following as necessary: the Conservation Advisory Council, LWRP Coordinator, Stormwater Management Officer, ,~, one-eopy4o the Planning Department, and one-eopy4o the Zoning Board, ~ ......... cf the T.",:'st:c:. The Conservation Advisory Council shall review said application and the effect, if any, on the wetlands and tidal waters of the Town that may result from the proposed operations and shall, within 20 days of receipt of the same, forward its written report of findings and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no seis i d ithin 20 day +t. .... ~;~+;~_ respon rece ve w s, ..... r~ .................. , ~..; .... t- ..... ;~ .... ; .... the review by the Conservation Advisory Council shall be deemed waived. § 275-10. Contents of permit. D.C~ The conditions imposed by the Trustees on the issuance of the permit. ~.D_=. The specific location of the areas to be affected by the operations of the permittee. ~..E_~ A statement that "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. Gv.F_. A statement that "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers, agents and employees from any and all claims arising Updated: 6/5/2012 2:18 PM by Lynda Rudder Page 7 Resolution 2012-493 Board Meeting of June 5, 2012 from operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. ~.G~. A statement that "The permittee and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the performance guarantee (§275-9E). ~.H_~. A statement that "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." ~.I_. A statement that "The permittee is required to notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance of a certificate of compliance (§ 275-13)." t~.J_. A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." A statement that "The permittee is required to conspicuously post the permit and have the supporting Trustees' stamped plans available for immediate inspection at the work site at the commencement of work until which time the project is completed. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees and must, in any event, comply with the requirements of Chapter 236. See also §275- 6A(14) for requirements. (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than the mean seaward projection of homes in the general vicinity and homes on either side of the subject lot. (4) Fences. (a) Trustees reserve the right to permit erection of a split-rail fence where the applicant has shown that there is a need to protect his/her private property. In thczc rare ....... ~ .... ~1, ,,:~ c ......... , ..... a ~ u~u .... a ,~q4amts. (b) Temporary or seasonal snow fences may be permitted upon a showing of need for erosion control at the Trustee's discretion. Suck (c_) Fences on a beach shall be perpendicular to the waterline and not closer than 443 20 feet to ....... the apparent high water mark. (d_) Only one posted sign per 1 00 linear feet of fence is allowed on a split-rail fence. Posted signs shall be no larger than 12 inches by 12 inches square. Updated: 6/5/2012 2:18 PM by Lynda Rudder Page 8 Resolution 2012-493 (_e) Board Meeting of June 5, 2012 Any fence, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, the Office of Code Enforcement, Czde ~ or Bay Constable may remove or cause the removal of the illegal structure. If any fence, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement,Cede g~ or Bay Constable to create a hazard to the health, safety or welfare of the public, such structure may be removed and disposed of by the Town without prior notice to the owner. Upon removal by the Town, all costs and expenses incurred by the Town for the removal of such fence, barricade or impediment shall be the responsibility of the owner. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal, including filing a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enfomed in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. Dec4es-a,~ Pla rms (a) Platforms associated with stairs may not be larger than 32 square feet. (b) Platforms may not exceed 200 square feet and must be landward of the top of bluff. Shoreline structures. (1) Bulkheads, retaining walls, revetments and gabions. (4)(c) All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by {}275-2. {e)(d) Retaining walls are not permitted unless excessive erosion can be demonstrated. (-f)(e) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pre-treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any pan ora structure in low tidal flow wetland areas as determined by the Trustees. Any use of creosote is prohibited. Preservatives of any type, including but not limited Updated: 6/5/2012 2:18 PM by Lynda Rudder Page 9 Resolution 2012-493 Board Meeting of June 5, 2012 to those listed above, cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. (-g~(f) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. ¢0~g) New bulkheads in creeks and bays are prohibited, unless the operation involves construction ora low-sill bulkhead or connects to adioining functional bulkheads. (i-)(h)Machine excavation is prohibited in tidal and freshwater wetland areas unless specifically authorized by permit. 6k~(i )No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. 0) Individual residential stairs are prohibited on bluffs in the Coastal Erosion Hazard Area if the property is part of an association that maintains a common stairway within a reasonable distance. (4)(k) Lighting: Any and all lights associated with bulkheads, retaining walls, stairs or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage, asphalt, and C&D materials are strictly forbidden for use as backfill behind bulkheads. C. In water. (1) Jetties (g) (2) Docks. [6] and groins; general rules. All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, o~-he-uptamt on the landward end of the jetty or groin as necessary, not less than ~q-ve-four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. Any application for a dock to be constructed at the end of a right-of-way or commonly held land requires the written consent of all parties having an interest in the right-of-way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in any existing or proposed docking facility. All applicants tbr docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, ~ ................................ , to enable Updated: 6/5/2012 2:18 PM by Lynda Rudder Page 10 Resolution 2012-493 (b) Board Meeting of June 5, 2012 persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. [10][9] Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. [11][10]Personal watercraft or "jet ski" floats cannot be added to any float, stairway, or dock without a Trustee permit. Floats may not cumulatively exceed 120 square feet. [12][11]Lighting: Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active use. [!3][12]Utilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application, installation of such amenities on an existing permitted dock requires obtaining a permit amendment from the Trustees. Dock locations and lengths. [3][d] No floating docks, floats, dock components, duck b!ind~ or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands between April 1 and December I of each calendar year. No duck blinds may be stored on tidal wetlands, other intertidal areas or freshwater wetlands at any time. § 275-14. Transferability. A valid Trustees'. permit i~ may be transferred to another applicant by approval of the Trustees upon a determination of the Trustees that the structure in its current state conforms to the terms and conditions of the permit as issued. ~'~" -^* ~'~ * .... c~,~ ..... :~,~ ............. v ..... vv .............................. The fee for transferring said permit shall be $50. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: NO ACTION Updated: 6/5/2012 2:18 PM by Lynda Rudder Page 11 SUMMARY OF PROPOSED AMENDMENTS TO CHAPTER 275 - WETLANDS CODE THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS CHAPTER 275 OF THE TOWN CODE, ENTITLED "WETLANDS AND SHORELINE", THE PURPOSE OF WHICH IS TO SIMPLIFY THE PERMIT PROCESS, CODIFY AND CLARIFY EXlSlTNG POLICIES AND CONFORM CERTAIN REGULATIONS TO BE CONSISITENT WITH OTHER PROVISIONS OF THE CODE AND IN PARTICULAR THE NEWLY ADOPTED CHAPTER 236 REGULATIONS AND THE COASTAL EROSION HAZARD LAW. SPECIFICALLY, SECTION 275-2 AMENDS AND/OR RESTATES VARIOUS DEFINITIONS INCLUDING DEFINITIONS FOR AQUACULTURE, BAY, JETTY, MOORING, NONTURF BUFFER, OPERATIONS, SEASONAL STRUCTURES AND TOWN WATERS. SECTION 275-3 IS AMENDED TO CLARIFY THE TRUSTEES JURISDICTION OVER ALL TOWN WATERS. SECTION 275-4 IS AMENDED TO CLARIFY CERTAIN EXCEPTIONS TO THE REQUIREMENT OF A WETLANDS PERMIT INCLUDING BONA FIDE AGRICULTURAL OR HORTICULTURAL OPERATIONS, MAINTENANCE OF PERMITDED STRUCTURES, DEMOLITION, REMOVAL OR REPAIR OF EXISITING FUEL TANKS, INSTALLATION OF SOLAR PANELS, SIDING, AND SECOND STORY ADDITIONS, RELOCATION OF CERTAIN SEPTIC SYSTEMS AND INSTALLATION OF FLAGPOLES UNDER CERTAIN CIRCUMSTANCES. SECTION 275-5 IS AMENDED TO REMOVE CERTAIN ACTIONS FROM THE ADMINISTRATIVE PERMIT PROCESS AND ADD OTHERS INCLUDING THE INSTALLATION OF DEER FENCING 25 FEET LANDWARD OF THE WETLAND BOUNDARYAND REQUIRING A MAJORITY VOTE OF THE BOARD OF TRUSTEES FOR APPROVAL. SECTIONS 275-6, 275-7 AND 275-8 ARE HOUSEKEEPING AMENDMENTS TO CLARIFY THE APPLICATION REQUIREMENTS, IMPOSE A STREAMLINED FEE SCHEDULE AND MAKE THE REVIEW PROCESS CONSISTENT WITH THE DRAINAGE CODE. SECTION 275-11 IS AMENDED TO CLARIFY STANDARDS FOR ALL CONSTRUCTION AND OPERATIONS WITHIN THE TRUSTEES' JURISDICTION AND TO MODIFY THE RULES FOR INSTALLATION OF FENCES FOR EROSION CONTROL PURPOSES AND PLATFORMS ON OR NEAR BLUFFS. FINALLY, SECTION 275-14 IS AMENDED TO ALLOW FOR TRANSFER OF PERMITS TO ANOTHER APPLICANT UPON A SHOWING TO THE TRUSTEES THAT THE STRUCTURE IN ITS CURRENT STATE CONFORMS TO THE TERMS AND CONDITIONS OF THE PERMIT AS ISSUED. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. #10706 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 24th day of May, 2012. Sworn to before me this LEGAL NOTICE NOTICE ~ PUBLIC HEARl~G NO11CE IS HERI/BY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of May, 2012. a Local Law entitled ~ ~now, tbe~fore, portunity to be heard. l'ae proposed Local Law entitled, "A A Local Law entitled, of which is to s/mphfy the permit pro- ce~ codify and clarify existing policies Erosion Hazard Law. Specifically, Section 275-2 amenda je t~Y, mooring, nonmrf buffer, operations, Section 275-3 is amended to clarify Sectioa 275-4 is amended to clarify land.w~rd of the wetland boueda~ and Sections 275-6, 275-7 and 275-8 are housekeeping amendments to clarify penuft as issued. BY ORDER OFTHE TOWN BOARD OFTHE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk day of Principal Clerk ,/~./~ 2012. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County My ¢ommllllon Ex,olles F®btualy 28. ~016 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the /& day of/'OReF ,2012, she affixed a notice of which the annexed printed notice is a tree 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: PH Chapter 275, Wetlands and Shoreline Sworn before me this ~( dayof~,2012. NO{ary Publi~ C~lizabeth'~.'~qevill~ Southold Town Clerk L1NDA J cooPER TARY pUBLIC, State of New York NO ~.,-,0z~822563' Suffolk Cour~¥~ SCOTT A. RUSSELL SUPERVISOR OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD Town Hall, 53095 Route 25 P.O. Box 1179 ~uthold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1889 To: From: Date: Subject: MEMORANDUM Members of the Town Board MS40ompliance Committee Juee 4, 2012 Proposed Local Law/Amendments to Chapter 275 The MS4 Compliance Committee has reviewed the proposed Amendments to Chapter 275 and recommends the following changes: 1. Section 275-3(D)(1)(b) "Swimming Pool and related structures: 50 feet" should be conditioned upon an applicant showing: (a) (b) (c) Stability of the bluff; Non-chlorinated pool treatment; and Pool drained to a drywell. Otherwise, the setback to the bluff should be greater to mitigate impacts to surface waters, 2. Generally, it should be noted that while §275-4 lists exceptions for the requirement of a Trustees permit, Chapter 236 review may be required. 3. §275-6(A)(2) states that the Trustees, in their discretion, may require a schedule for the proposed activities with a completion date. This provision should be modified as follows: "At the discretion of the Trustees, a schedule for the proposed activities with a completion date. For proposals that require approval under Chapter 236, the schedule for the proposed activities must be approved by the Stormwater Management Officer, as weft as the Trustees" 4 §275-6(A)(8) should read as follows: "Such application shall be accompanied by a survey and topographical map, created no more than five years prior to the date of application (unless an updated sutYey and topographical map is required to conduct a Chapter 236 review).," 5. §275-6(A)(14) should read as follows: "Drainage Upgrade: At the discretion of the Board, non-administrative applications may require submittal of a drainage upgrade plan. All drainage upgrades shall comply with Chapter 236, if applicable. In instances where Chapter 236 does apply, the Board of Trustees may require the submittal of a drainage upgrade plan that contains more stringent requirements than set forth ill Chapter 236." 6. §275-6(A)(14) delete the final sentence, "Applicants may have additional requirements to meet compliance with Chapter 236" 7. §275~11(A)(1) should read as follows: "Drainage Upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface generated from impervious surfaces shall be kept on site through infiltration or retention. All proposed drainage systems shaft comply with Chapter236, ffapplicable. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees. The Trustees may require the drainage system that exceeds that which is required in Chapter 236. 8. §275-11 (A)(3) the term "general vicinity" is vague and should be eliminated or properly defined to give clarity. For example, does the general vicinity include properties across the wetland or waterbody? Should you have any questions, please contact Jamie Richter or John Sepenoski. Ilk cc: Ms. Elizabeth A. Neville, Town Clerk 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 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED MEMORANDUM Southold Town Clerk To: Elizabeth A. Neville, Town Clerk From: Donald Wilcenski, Chairman, Planning Board Date: May 29, 2012 Re: "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline" Thank you for the opportunity to provide comments on the proposed "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline" amendments to the Town Code referenced above. The Planning Board has reviewed the proposed amendments and supports the changes. cc: Scott Russell, Supervisor Members of the Town Board COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner May 11, 2012 RECEIVED MAY 1 8 2012 Southold Town Clerk Division of Planning and Environment Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Public Hearing Date.: Applicant: Town of Southold Zoning Action: Amendment; Chapter 275 "Wetlands & Shoreline" June 5, 2012 Resolution No.: #2012-414 & 415 S.C.P.D. FileNo.: SD-12-LD Dear Ms. Neville: 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 ~re~Direc~k°r of P~ng _. ~ ChiefPlanner 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 TELl=COPIER (631) 853-4044 evdle, Elizabeth From: Sent: 1'o: Subject: Tracking: Neville, Elizabeth Monday, June 04, 2012 5:12 PM Standish, Lauren (Lauren.Standish@town.southold.ny.us); 'Al Krupski'; Andaloro, Jennifer; Berliner, Sandra; Christopher Talbot; Doherty, Jill; Evans, Louisa; Finnegan, Martin; Krauza, Lynne; Neville, Elizabeth; 'Phillip Beltz'; Russell, Scott; Tomaszewski, Michelle; William Ruland FW: Revisions to Chapter 275 Recipient Standish, Lauren (Lauren. Standish@town.southold.n~ 'Al Krupski' Andaloro, Jennifer Berliner, Sandra Christopher Talbot Doherty, Jill Evans, Louisa Finnegan, Martin Krauza, Lynne Neville, Elizabeth 'Phillip Beltz' Russell, Scott Tomaszewski, Michelle William Ruland Beltz, Phillip Delivery Delivered: 6/4/2012 5:12 PM Read Delivered: 6/4/2012 5:12 PM Delivered: 6/4/2012 5:12 PM Read: 6/5/2012 8:06 AM Deleted: 6/5/2012 8:37 AM Delivered: 6/4/2012 5:12 PM Delivered: 6/4/2012 5:12 PM Delivered: 6/4/2012 5:12 PM Delivered: 6/4/2012 5:12 PM Read: 6/5/2012 8:09 AM Deleted: 6/4/2012 5:20 PM Delivered: 6/4/2012 5:12 PM Delivered: 6/4/2012 5:12 PM Read: 6/5/2012 8:31 AM Read: 6/5/2012 8:05 AM Delivered: 6/4/2012 5:12 PM Read: 6/5/2012 8:07 AM FYI elizabeth A. Neville, MMC Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel. 631 765-1800, Ext. 228 Fax 631 765-6145 Cell 631 466-6064 From: Richter, ,lamie Sent: Monday, .lune 04, 2012 4:00 PM To: Neville, Elizabeth Cc: Sepenoski, ,lohn; Andaloro, 3ennifer Subject: Revisions to Chapter 275 Betty The following are my comments related to the proposed changes to Chapter 275.: Under 275-2 Definitions; 1 Critical Environmental areas should also reference 303d Listed and TMDL waterbodies. "Under 275-3 D. Setbacks (1) b. Why is the setback for swimming pools being reduced from 100' to 50'? and what criteria establishes Top of Bluff? Should this be defined in the definitions? Under 275-4 Exceptions (1) Agriculture is and should be an exception! However, please keep in mind that - under NPDES Regulations for Stormwater, all activities associated with the Construction of Livestock Feeding Facilities; including clearing, grading & excavation are subject to NPDES Coverage. (10) Under Chapter 236, Where a total roof replacement or a total resurfacing of a driveway is intended, a SWPPP or drainage plan is required. Under 275-5 Permit Procedures B (2) (g) 275 allows for administrative review for the installation of drainage structures; If the amount of land disturbance reaches the limits found in Chapter 236 then a SWPPP is required. Under 275-6 Applications A (14) Drainage upgrade - this item begins with "At the discretion of the Board" - the last sentence states that the applicant may have additional requirements to meet 236. - this statement should be more prominent. drainage upgrade should reference chapter 236 first and then state that the trustees may, at there discretion, provide additional measures to protect the environment. The requirements of Chapter 236 can not be waived. Under 275-10 Contents of Permit I would recommend that (L) be added to read: A statement that "the permute is fully knowledgeable with Town Code Chapter 236 and will abide by all regulations of this Chapter as part of the Trustee Permit. Under 275-11 Construction & Operation Standards A (1) Drainage upgrade - [Same as 275-6 A (14) above] A (6) Stair Platforms maximum of 32 SF. The Building department uses < 30 SF as a limit for consideration of lot coverage. Over 30 SF is considered lot coverage. How many Platforms can be in one stair? Do they need to be seperated by a minimum number of risers? Thank you for your consideration to these comments. amie Jaincs A. Richter Office of thc Engineer Town of Southold, New York iamie.richter~town.southold.ny.us Office: 631-765-1560 Cell: 631-926-9430 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. Neville, Elizabeth From: Sent: To: Subject: Attachments: Categories: Tracking: Neville, Elizabeth Monday, June 04, 2012 5:13 PM Standish, Lauren (Lauren. Standish@town.southold.ny.us); 'Al Krupski'; Andaloro, Jennifer; Berliner, Sandra; Christopher Talbot; Doherty, Jill; Evans, Louisa; Finnegan, Martin; Krauza, Lynne; Neville, Elizabeth; 'Phillip Beltz'; Russell, Scott; Tomaszewski, Michelte; William Ruland FW: Chapter 275 Comments Chapter 275 Updates Comments.doc Red Category Recipient Standish, Lauren (Lauren. Standish~town.southold.ny 'Al Krupski' Andaloro, Jennifer Berliner, Saodra Christopher Talbot Dohetty, Jill Evans, Louisa Finnegan, Martin Krauza, Lynne Neville, Elizabeth 'Phillip Beltz' Russell, Scott Tomaszewski, Michelle William Ruland Beltz, Phillip Delivery Delivered: 6/4/2012 5:13 PM Read Delivered: 6/4/2012 5:13 PM Delivered: 6/4/2012 5:13 PM Read: 6/5/2012 8:07 AM Deleted: 6/5/2012 8:37 AM Delivered: 6/4/2012 5:13 PM Delivered: 6/4/2012 5:13 PM Delivered: 6/4/2012 5:13 PM Delivered: 6/4/2012 5:13 PM Read: 6/5/2012 8:10 AM Deleted: 6/4/2012 5:20 PM Delivered: 6/4/2012 5:13 PM Delivered: 6/4/2012 5:13 PM Read: 6/5/2012 8:58 AM Read: 6/5/2012 8:11 AM Delivered: 6/4/2012 5:13 PM Read: 6/5/2012 8:06 AM Elizabeth A. Neville, MMC Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel. 631 765-1800, Ext. 228 Fax 631 765-6145 Cell 631 466-6064 From: Sepenoski, 3ohn Sent: Monday, 3une 04, 2012 2:06 PM To: Neville, Elizabeth Subject: Chapter 275 Comments Betty, 1 Attached is a Word document containing my comments on the proposed Chapter 275 updates that will be heard tomorrow · night. I used the comment feature in Word so the document should be printed so that the comments display. The attorneys also have a copy of this but said that I should formally submit them to you as part of the process. John Sep 2 RESOLUTION 2012-414 ADOPTED DOC ID: 7852 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-414 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of May, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chanter 275, Wetlands and Shoreline" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of June, 2012 at 7:36 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. 11. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. :ha!! kave tk:~ ~eaning: given ':ere'in. Unless otherwise expressly stated, the followin~ terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meanin~ as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). AQUA~ULTU~ : ~a!smgor cultivation of ...... a~v ..................... ti01 eonfu~ion be~lw~m diffet~t e~ Resolution 2012-414 Board Meeting of May 8, 2012 BAY -- bouh~:Of~e Town 6~ S~h~old eXelud~ ih~ ~ i$i~a Souh~ ~d ~6~:dafined Under BEACH -- The zone of unconsolidated earth that extends landward from the mean Iow water line to the seaward toe of a dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward ora beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. BOAT/VESSEL -- Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean hi~a water. This definition excludes ~oating doe~ alid s~ i~lafforma. ~61di~itb~ FLOAT -- See Boat/Vessel GROIN -- A man-made barrier typically perpendicular to the shoreline used to change the natural littoral drift, prevent erosion, malnta[n ~nlet cntrancez, or protect an area from wave JETTY -- A man-made barrier pe:~endlcular tr. tko. :kc. reline used to change the natural drift, maintain beach elevation, prevent erosion, and maintain inlet entrances., c.r pre:et: an area LOW-PROFILE:IETTIES - The de~ifion of a low-pr0filejetty is site specific, but !~pically is Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 2 Resolution 2012-414 Board Meeting of May 8, 2012 MATERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud, wood or any other material, including liquids, organic or inorganic. MEAN HIGH WATER (MHW) -- The average of all the hi~ water heights observed over the most previous n~nctccn y.~ar pcr~.~ eighteen and a half year period. MEAN LOW WATER (MLW) -- The average of all the Iow water heights observed over the most previous n~nztzcn :,'~.ar perled ei~.hteen and half year neriod. MOORING -- Anchoring for greater than -24 41t hours other than in desienated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a minimt:m cf 29 f.~c: w[~c cr as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement of signs or other activities may take place, except that man-made debris may be removed from such area by hand without the permission of the Board of Trustees. ~qO~JlZ~ B~FFER $ A desi[nated ~ ~her~ turf mrass. ~Ai¢id~ ~6 fe~[li~n ~ ~ pitclmd away, by ~sii¢li Structures taus! 1~ allowed to percolate int6 the ground directly b~16W ~e OPERATIONS (1) Theremoval of material from wetlands or any other.'A:e activity within Trustee judsdicfi°n. (2) The ~cFcz:.t ur discharge cf miner!al The placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds on wetlands or otherwise within Trustee jurisdiction. (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or otherwise within Trustee jurisdiction. (4) The erection, construction, alteration, repair or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin, or any system or other structure, temporary or permanent, on wetlands, or otherwise within Trustee jurisdiction. (5) Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. / Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 3 Resolution 2012-414 Board Meeting of May 8, 2012 ORDINARY AND USUAL MAINTENANCE -- Actions on a permitted, functional structure which do not involve more than 75% of the entire structure which are required to preserve in a condition or state of equivalent quality to that which was approved or required by permit. PIER - A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water. See ,,:...~e.,, SEASONAL STRUCTURES--- Structures that may not be installed orior to April 1 of each calendar year and must be removed by December 1 of each calendar year. SILT BOOM - A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project SOUND -- Includes the following: Long island Sound, Fishers Island Sound and Block Island Sound. ~0~ wATERS -- K !the waters within the boundaries 6fth~ WETLANDS (TIDAL) (2) All banks, bogs, meadows, flats, an4 tidal marsh and beaches subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina altemiflora), salt hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicornia spp.), sea lavender (Limoneum spp.), marsh elder (Iva frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, blufi; dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, canal, or lake; (3) Land under water; (4) Land subject to tidal action; Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 4 Resolution 2012-414 (5) Land within 100 feet of the areas listed above; Board Meeting of May 8, 2012 [6) AliT0wn Waters. D. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) [4] S~i~ming P°ol and ~iat~d s~ctures: ~ 50 feet; § 275-4. Exceptions. A. The provisions of this chapter shall not require a permit for the following: comment D$:tS]; ~ ~ltm ~ wateffrofit pro~ea ~ M~ ~ D, key We raua reduc~ m~ifi~ts ~ to ~ies anti (10) Installation of new or replacement windows, roof shingles, solar panels, siding, doors, and second story additions only if additions are within the existing footprint and are made to an upland, permitted structure. '~c:'m.e. rz an~_zi~ing on I'li) ~ rel°catl.0a Of an existifia Sevtic Sqst~m ~om ~i~ih T~ee iurisdicti0n to 6disiae Tmst~ iofisdi~iiOfi~ _ ] (12) Flagpoles specifically used for that puwose, with a base not greater th~ 4 feet by [ M~36 ~0~em~ J 4 feet. ~13;~ Oaemti6nsd~d~rd of a ~bii6 r, oad whai~b¥ thc pubiic road is lo,aged between the ~aterbodv thais the ~6dr6~ of Trustee iurisdicti0n ~d the operat 0ns (-!4-)(1~4) Notwithstanding the above listed exceptions, operations within a designated nondisturbance butter are prohibited. Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 5 Resolution 2012-414 Board Meeting of May 8, 2012 § 275-5 Permit procedures. B. Administrative permit. (1) The administrative permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback mquiremants as defined by §275-3 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas, applicants may request an administrative permit review. This review does not relieve the applicant of providing all the application requirements (§275-6) or obtaining permits from other jurisdictions, including, but not limited to, New York State Department of Environmental Conservation and United States Army Corp of Engineers. Under the administrative review process, each application will be reviewed by at least one member of the Board and approved by the maiorit¥. See §275-8H for details of approval. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in §275-11: (d) Remodeling or_ renovation er rcccnstraetlcn of a permitted structure. provided that such activity will not have an undue adverse impact on the wetlands and tidal watem of the Town. (g) fuel tanks ;;'kb a capac~t:,' cf ks: than 559 gallons, fac! !!ne:. fxel including ncccssa~' site ':'crk, and ~rc:'idcd that such activity ':,'il! ha'.': an undue ad'.'er~e impact ~n the ;;'et!anfl~ and tidal waters cf thc Construction or installation of drainage structures for the retention of runoff, provided that such structures incorporate the maximum feasible setback from wetlands and provided that such activity will not have an undue adverse impact on the wetlands and tidal watem of the Town. The construction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for administrative review. Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 6 Resolution 2012-414 Board Meeting of May 8, 2012 (4)~.l Minor restoration or alterations of landscaping. Decks. (-~)(1) Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. Dredging work necessitated by the accumulation of silt from runoffor other circumstances not the result of activity by or on behalf of the owner of the property. An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. (o) Deer fences if located a minimum of 25 feet landward of the wetland boundary line or bulkhead line, whichever designated line is most landward. Under no circumstances are deer fences permitted in a non- disturbance area. (3) Any such activities shall may require the addition ofa nonturf buffer area not ta cxcc. r.~ 29 fczt :'.'id.z as defined in §275-2. § 275-6. Application. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk Office of the Trustees. Such application shall contain the following information: (2) (8) ~tthe discretion of the Trustees, a schedu!e for the proposed activities with a c~ietio~ dat~ Such application shall be accompanied by a survey and topographical map, created ~0 ~6~ ~an .~ 3!~ar fiv~ ve~s prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 7 Resolution 2012-414 Board Meeting of May 8, 2012 operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. Drainage ~pgrad~; At th~ discretion of ~e B0~d; a0~i~§~dilv~ appli*ati6nS ex'st'ne ~d p~6p6sed ~*~[te ~fiage fr°ma tw° ~nca ~in~ '~ r~in~ ~n · e SUbject g~el !~d~d 0f the W~tl~d b0Und~ ~m66~ ~ ~!Ud~ ~ is ca!cu!ations USed t0 de~iop ~e pl~: may reqh~e;eonifieatioh from a licen~d en~nee~:ApPli~ ~a~ have additional ~eqhkement~ t6 meet eompliame With cMpter 236: § 275-7. Fees. Every non-administrative application for a Trustees wetlands permit filed with the Clerk Office of the Trustees shall be accompanied by a filing fee of $250 which includes the first site visit, no portion of which shall be refundable. The fee for an administrative permit shall be $50. $100. For :ir=ct=res activities that have been previously built without a permit, the fee will be doubled. Ifa preapplication site visit is requested, the fee shall be $50, which may be avnlied to an anolication fee for a wetlands vermit made within six months of the site visit and which application involves activities that were the subiect of the site visit. Dock and float fee. Every application for a new dock or float shall include a fee equal tz $2 Fc.r =quare fa~t f~r reg~c, nt~al an~ cc. mmere~al dc. ale: to be set by the Town Board. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned MI and M2. § 275-8. Processing of application. Presubmission conference. Applicants are encouraged to schedule a voluntary presubmission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and nonbinding, but this meeting is intended to facilitate communication between the applicant and the Board. There will be a fee of $50 for this conference which ma'/be applied to an annlication fee for a wetlands vermit made within six months of the site visit and which application involves structures that were the subiect of the site visit. Investigation and coordination. Upon receipt of the application, the ~.er.c Office of the Trustees shall maintain the original in the file and forward one copy thereof to each of the following as necessary: the Conservation Advisory Council, LWRP Coordinator, Stormwater Management Officer, ;'.'~en~v. ....... ~v.-~t~,: ..... .... :~?.y te the Planning Department, and ene cc~y t.~ the Zoning Board, and c. ne eepy t: be filed 'Mth the c~ec Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 8 Resolution 2012-414 Board Meeting of May 8, 2012 oft~e Tr',::t.~c:. The Conservation Advisory Council shall review said application and the effect, if any, on the wetlands and tidal waters of the Town that may result from the proposed operations and shall, within 20 days of receipt of the same, forward its written report of findings and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no is received w~th~n 20 days, ~,,~ ^ A,,: .... ,' ..... "'~":~'" the review by the Conservation Advisory Council shall be deemed waived. § 275-10. Contents of permit. D.C~ The conditions imposed by the Trustees on the issuance of the permit. ~D~. The specific location of the areas to be affected by the operations of the permittee. A statement that "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. A statement that "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions lbr the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. A statement that "The permittee and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the peribrmance guarantee (§275-9E). A statement that "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 9 Resolution 2012-414 Board Meeting of May 8, 2012 ~.I_. A statement that "The permittee is required to notify the Trustees in writing upon completion of operutions such that the site can be inspected for issuance of a certificate of compliance (§ 275-13)." K=J_. A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." L.K~ A statement that "The permittee is required to conspicuously post the permit and have the supporting Trustees' stamped plans available for immediate inspection at the work site at the commencement of work until which time the project is completed. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: i ~ i ) ~ihag~ Up~ i~l~t~ for a p~it for any fo~ 0~ C~nstruc~i0n may b~ g~ner~e-d fm~ ~PercjgU~ ~ ~11 be kept :6~i~e throagh infiitrati~ 0r ~t: ~ ~ ~,¢~ ~l~ ~;~ ~aUirements ofC~aP~ 236 ~ce also ~275- 6A(14) for requirements, i ~;~~.~~ [~ (4) Fences. (_a) Trustees reserve the right to permit erection of a split-tull fence where the applicant has shown that there is a need to protect his/her private property. In these r~e zac. ez, nn!y :r,l~.t ra:~! fences ~e z!!nwed ex beazhe: and (b) TemporaIw or seasonal snow fences may be permitted upon a showing of need for erosion control at the Trustee s discretion, e..~*. (_c) Fences on a beach shall be perpendicular to the waterline and not closer than 40 21) feet to MHW th~ aooa-runt hi~ ~t~ ~k~ (d) Only one posted sign per 100 linear feet offence is allowed on a split-rail fence. Posted signs shall be no larger than 12 inches by 12 inches square. Any fence, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed Updated: 5/8/2012 3:27 PM by Lynne Kruuza Page 10 Resolution 2012 -414 Board Meeting of May 8, 2012 upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, the Office of Code Enforcement, Cede Enf.vrc.zmgnt Officer or Bay Constable may remove or cause the removal of the illegal structure. (_e) If any t~nce, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement,Gode Enfcrcement ©ffic:r or Bay Constable to create a hazard to the health, safety or welfare of the public, such structure may be removed and disposed of by the Town without prior notice to the owner. Upon removal by the Town, all costs and expenses incurred by the Town for the removal of such fence, barricade or impediment shall be the responsibility of the owner. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal, including filing a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessom, in preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. (a) P aifo~s assoc ated w th Sta rs may nOi~ larger than 32 Squar~ feet. (b) Platforms ma-/not exceed 200 square feet and must be landward of the top of bluff, comment ~'gl:*a~* ~a~ 2~*i~u~ ] Shoreline structures. (1) Bulkheads, retaining walls, revetments and gablons. All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by §275-2. {~)(~) Retaining walls are not permitted unless excessive erosion can be demonstrated. In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pre-treated with any Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 11 Resolution 2012-414 Board Meeting of May 8, 2012 preservative, including but not limited to chromated copper arsenate (also known as "CCA"), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. Any use of creosote is prohibited. Preservatives of any type, including but not limited to those listed above, cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. (g-)LO. The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. im¢~lv~¢ ~onst,m~i~0 ~f a 6w~S!l bU khead or c0nnects ~0 adi01nlng fia~onal bulkheads~ ~ess ~fficali~ auth6fized B~ 6emiti (4c-)~) No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. (j) Indi:vidual ~'es. idenfigl stairs ~e Prohibited on bluffs in the Coastal Erosion Haz~a:~ea ifth~ ~Oparty is part of an asso~:iation that maintains a e0m~on stairway ~thtn a reas0:nable distance. Lighting: Any and all lights associated with bulkheads, retaining wails, stairs or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage, asphalt, and C&D materials are strictly forbidden for use as backfill behind bulkheads. C. In water. (1) Jetties and groins; general rules. (g) All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, c,n t~c ::~la.':~ on the landward end of the iett¥ or ~oin as necessarv, not less than five four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 12 Resolution 2012-414 (2) Docks. Board Meeting of May 8, 2012 [6] [-7-][61 Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. Any application for a dock to be constructed at the end of a right-of-way or commonly held land requires the written consent of all parties having an interest in the right-of-way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(les) with a legal or beneficial interest in any existing or proposed docking facility. All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, not less than !~:.'~ fzct 'in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. L- vJ.r91 Preexisting nonpermitted and/or noncon~brming structures cannot be replaced in kind without full review and approval by the Trustees. [1 I]~Personal watercrat~ or "jet ski" floats cannot be added to any float, stairway, or dock without a Trustee permit. Floats may not cumulatively exceed 120 square feet. [12][11]Lighting: Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active use. [13][12lUtilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application, installation of such amenities on an existing permitted dock requires obtaining a permit amendment from the Trustees. (b) Dock locations and lengths. [3][d] No floating docks, floats, dock components, d~:c!z blind: or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands between April 1 and December I of each calendar year. No duck blinds may be stored on tidal wetlands, other intertidal areas or freshwater wetlands at any time. Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 13 Resolution 2012-414 Board Meeting of May 8, 2012 § 275-14. Transferability. A vahd Trustees permit ...... v .............. may be transferred to another applicant by approval of the Trustees upon a determination of the Trustees that the structure in its current state conforms to the terms and conditions of the permit as issued o~, w:'th~..:: the ~r!~r ap~rc;'al ~d re;'ic'.v ~fthe T:".::tee:. The fee for transferring said permit shall be $50. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 14 Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 R£C£1 i 1) 734-5800 JUN t I June 4, 2~3~thold Tow~ Cle~ To: Supervisor Scott Russell and The Town Board of the Town of Southold Subject: A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline If you tell me what the rules are, I will follow them. It makes it easier on you, on me, and on my clients. But I need to know alii the rules. The Trustees and the citizenry need to be working from the same rule book. If certain matters appear to the Trustees and the Town Board to require non-Code policies, then the Code should address these areas and explain why the matters cannot in detail be subject to provisions in the publicly-reviewed Code. And that explanation should be in the Code. If non-Code policies are required at all, and the concept is deemed suitable by the public, a state- ment should be included in Chapter 275 requiring a scheduled annual posting of all Trustee poli- cies then in effect, and a timely written notice, with effective dates, to interested parties when new policies are added. Established policies may have the full effect of Code requirements but are not subject to the same public review, and may be, in fact, unknown to the public until brought to light (or not) at a pub- lic hearing on a specific application. The supposition that they exist may affect, unknown, the planning of a project before submission to the Trustees for review and approval. You should eliminate phrases, and the underlying concept, such as "at the discretion of the Trus- tees'' and the like, and replace them with definitive additions to the Code as necessary. The public should not be subject to unknown and possibly variably-applied Trustees' discretion based upon policies not subject to public review. Sincerely, a subsidiary of THE PECONIC EASTERN CORPORATION SUMMARY OF PROPOSED AMENDMENTS TO CHAPTER 275 - WETLANDS CODE THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS CHAPTER 275 OF THE TOWN CODE, ENTITLED "WETLANDS AND SHORELINE", THE PURPOSE OF WHICH IS TO SIMPLIFY THE PERMIT PROCESS, CODIFY AND CLARIFY EXISITNG POLICIES AND CONFORM CERTAIN REGULATIONS TO BE CONSISITENT WITH OTHER PROVISIONS OF THE CODE AND IN PARTICULAR THE NEWLY ADOPTED CHAPTER 236 REGULATIONS AND THE COASTAL EROSION HAZARD LAW. SPECIFICALLY, SECTION 275-2 AMENDS AND/OR RESTATES VARIOUS DEFINITIONS INCLUDING DEFINITIONS FOR AQUACULTURE, BAY, JETTY, MOORING, NONTURF BUFFER, OPERATIONS, SEASONAL STRUCTURES AND TOWN WATERS. SECTION 275-3 IS AMENDED TO CLARIFY THE TRUSTEES JURISDICTION OVER ALL TOWN WATERS, SECTION 275-4 IS AMENDED TO CLARIFY CERTAIN EXCEPTIONS TO THE REQUIREMENT OF A WETLANDS PERMIT INCLUDING BONA FIDE AGRICULTURAL OR HORTICULTURAL OPERATIONS, MAINTENANCE OF PERMIq-FED STRUCTURES, DEMOLITION, REMOVAL OR REPAIR OF EXISITING FUEL TANKS, INSTALLATION OF SOLAR PANELS, SIDING, AND SECOND STORY ADDITIONS, RELOCATION OF CERTAIN SEPTIC SYSTEMS AND INSTALLATION OF FLAGPOLES UNDER CERTAIN CIRCUMSTANCES. SECTION 275-5 IS AMENDED TO REMOVE CERTAIN ACTIONS FROM THE ADMINISTRATIVE PERMIT PROCESS AND ADD OTHERS INCLUDING THE INSTALLATION OF DEER FENCING 25 FEET LANDWARD OF THE WETLAND BOUNDARYAND REQUIRING A MAJORITY VOTE OF THE BOARD OF TRUSTEES FOR APPROVAL. SECTIONS 275-6, 275-7 AND 275-8 ARE HOUSEKEEPING AMENDMENTS TO CLARIFY THE APPLICATION REQUIREMENTS, IMPOSE A STREAMLINED FEE SCHEDULE AND MAKE THE REVIEW PROCESS CONSISTENT WITH THE DRAINAGE CODE. SECTION 275-11 IS AMENDED TO CLARIFY STANDARDS FOR ALL CONSTRUCTION AND OPERATIONS WITHIN THE TRUSTEES' JURISDICTION AND TO MODIFY THE RULES FOR INSTALLATION OF FENCES FOR EROSION CONTROL PURPOSES AND PLATFORMS ON OR NEAR BLUFFS. FINALLY, SECTION 275-14 IS AMENDED TO ALLOW FOR TRANSFER OF PERMITS TO ANOTHER APPLICANT UPON A SHOWING TO THE TRUSTEES THAT THE STRUCTURE IN ITS CURRENT STATE CONFORMS TO THE TERMS AND CONDITIONS OF THE PERMIT AS ISSUED. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. 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 8th day of May, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" now, therefore, be it 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of June, 2012 at 7:36 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. ~:.,~,:_~o :Ball ~ .... **' ..... : ..... ; .... ~^~:~ Unless otherwise expressly rated the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE -- The raising or cultivation ~^~.~; .... . .... .~_n; ...... ~r~.~,~-- living aquatic organisms water within the boundaries of the Town of $outhold excluding the Long Island Sound and those defined under Creeks. BEACH -- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe of a dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. BOAT/VESSEL -- Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean high water. This definition excludes floating docks and swim platforms. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of Southold and/or Suf/blk County and designated by the New York Department of State as Critical Environmental Areas worthy of protection including but not limited to: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. FLOAT -- See Boat/Vessel FUNCTIONAL -- Any structure that has essentially retained its purpose and use within the .................. as determine the Board of Trustees. GROIN -- A man-made barrier typically perpendicular to the shoreline used to change the natural littoral drift, prevent erosion, ' ' ' , or protect an area from wave energy. ~ JETTY -- A · .. .... a;~,,~, re'k= ~.~.~l;.= ~- .... *~. ........ ~ man-made barrier v~.v ........................ used to c .... ~ ............. liucra! dr~R, maintain beach elevation, prevent erosion, ~d maintain inlet entr~ces.~ LOW-PROFILE JETTIES -- The definition of a low-profile jetty is site specific, but typically is a structure no higher than 18 inches ~ above existing soil or sediment grade on the down-drift side and shall not extend seaward of apparent low water. MATERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud, wood or any other material, including liquids, organic or inorganic. MEAN HIGH WATER (MHW) -- The average of all the high water heights observed over the most previous ,"m~'e~'~t~m~ eighteen and a half year period. MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previous~ eighteen and half year period. MOORiNG -- Anchoring for greater than g4 4~8 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a m;m;.mmm of 29 feet wi~e er as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement of signs or other activities may take place, except that man-made debris may be removed from such area by hand without the permission of the Board of Trustees. NONTURF BUFFER -- A designated area where turf grass, pesticides and fertilizers are not permitted. Any pervious material allowing for percolation of surface runoff into the soil is allowed. ' . .~+,,~l · ' Examples include ......... native vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff generated by such structures must be allowed to percolate into the ground direct elow the structure ................ j ......................................... OPERATIONS (1) The removal of material from wetlands or any other:,'igc activity within Trustee jurisdiction. (2) q'~'~ ~ .... , ~. a:~. ..... c .....:~ pi ...... v .............~ ............. The acement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds on wetlands or otherwise within Trustee jurisdiction. (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or otherwise within Trustee jurisdiction. (4) The erection, construction, alteration, repair or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin, or any system or other structure, temporary or permanent, on wetlands, or otherwise within Trustee jurisdiction. (5) Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. ORDINARY AND USUAL MAINTENANCE -~ Actions on a permitted, functional structure which do not involve more than 75% of the entire structure which are required to preserve in a condition or state of equivalent quality to that which was approved or required by permit. PIER -- A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water. See "wharf." SEASONAL STRUCTURES--- Structures that may not be installed prior to April 1 of each calendar year and must be removed by December 1 of each calendar year. SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters. Prc?erly; .... 1,~ ~., ~. ........ ~,~ ..........,~ ........... o ............... ~ ..... ~ ........ tho SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. TOWN WATERS -- All the waters within the boundaries of the Town of Southold WETLANDS (TIDAL) (2) All banks, bogs, meadows, flats, v. qO tidal marsh and beaches subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina alterniflora), salt hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicomia spp.), sea lavender (Limoneum spp.), marsh elder Ova frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, canal, or lake; (3) Land under water; (4) Land subject to tidal action; (5) Land within 100 feet of the areas listed above; (6) All Town waters. D. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) ~ Top of bluff. [4] Swimming pool and related structures: !99 50 feet. § 275-4. Exceptions. A, The provisions of this chapter shall not require a permit for the following: (3) The ordinary and usual operations relative to a bona fide preexisting commercial agriculture and o~r ~c,X!~cu!turc horticultural operation landward of the wetland boundary. (5) The ordinary and usual maintenance or repair on a permitted structure (of the same dimensions) of a functional building, dock, pier, wharf, jetty, groin, dike, dam or other water-control device or structure, for (9) The demolition, removal, repair and/or upgrading of existing residential fuel tanks, fuel lines, fuel dispensers, installation or burial of a residential propane tank, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. '";'~';~ (lO) Installation of new or replacement windows, roof shingles, solar panels, siding, doors, and second story additions only if additions are within the existing footprint and are made to an upland, permitted structure, domaers (11 ) The relocation of an existing septic system from within Trustee jurisdiction to outside Trustee jurisdiction. (12) Flagpoles specifically used for that purpose, with a base not greater than 4 feet by 4 feet. (13) Operations landward of a public road whereby the public road is located between the waterbody that is the source of Trustee iurisdiction and the operations. (11 )(14) Notwithstanding the above listed exceptions, operations within a designated nondisturbance buffer are prohibited. § 275-5 Permit procedures. B. Administrative permit. (1) The administrative permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by {}275-3 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas, applicants may request an administrative permit review. This review does not relieve the applicant of providing all the application requirements (§275-6) or obtaining permits from other jurisdictions, including, but not limited to, New York State Department of Environmental Conservation and United States Army Corp of Engineers. Under the administrative review process, each application will be reviewed by at least one member of the Board and approved by the majority. See {}275-8H for details of approval. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in {}275-11: (d) (h)Lg) (~)(m) Remodehng or renovation or ................ of a permitted structure, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. Construction or installation of drainage structures for the retention of runoff, provided that such structures incorporate the maximum feasible setback from wetlands and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. The construction of a permitted bulkhead as per {}275-11, which is to replace an existing functional bulkhead, subject to the following: Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for administrative review. Minor restoration or alterations of landscaping. Decks. Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. Dredging work necessitated by the accumulation of silt from runoff or other circumstances not the result of activity by or on behalf of the owner of the property. (q-)(n) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. (o) Deer fences if located a minimum of 25 feet landward of the wetland boundary line or bulkhead line, whichever designated line is most landward. Under no circumstances are deer fences permitted in a non-disturbance area. (3) Any such activities sba!! may require the addition of a nonturf buffer area ...... ~,a~d~4c~,fi~ as defined in §275-2. § 275-6. Application. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the ~ Office of the Trustees. Such application shall contain the following information: (2) At the discretion of the Trustees, a schedule for the proposed activities with a completion date. (8) Such application shall be accompanied by a survey and topographical map, created no more than o~e-yeav five years prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. (14) Drainage upgrade. At the discretion of the Board, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two- inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. Applicants may have additional requirements to meet compliance with Chapter 236. § 275-7. Fees. Every non-administrative application for a Trustees wetlands, permit filed with the-C-ter-k Office of the Trustees shall be accompanied by a filing fee of $250 which includes the first site visit, no portion of which shall be refundable. The fee for an administrative permit shall be $50. $100. For str,:cturcs activities that have been previously built without a permit, the fee will be doubled. If a preapplication site visit is requested, the fee shall be $50, which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves activities that were the subiect of the site visit. Dock and float fee. Every application for a new dock or float shall include a fee equal tc $3 per square foci for rcsidcntia! and commercial decks to be set by the Town Board. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M1 and M2. § 275-8. Processing of application. Presubmission conference. Applicants are encouraged to schedule a voluntary presubmission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and nonbinding, but this meeting is intended to facilitate communication between the applicant and the Board. There will be a fee of $50 for this conference which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves structures that were the subject of the site visit. Investigation and coordination. Upon receipt of the application, the C!crk Office. of the Trustees shall maintain the original in the file and forward one copy thereof to each of the following as necessary: the Conservation Advisory Council, LWRP Coordinator, Stormwater Management Officer, ~, o~e cc~py tc~ the Planning Department, and mae-eopy-m the Zoning Board, an~ c.nc ~vJ ........................................ e nse~a on v sory Council shall review said application ~d the effect, iffy, on the wetl~ds ~d tidal waters of the Town that may result from the proposed operations ~d shall, within 20 days of receipt of the sine, fo~md its wrinen report of findings ~d recommendations with respect to such application to the Trustees. If the Consemation Advisory Co~cil shall recommend that such application be disapproved, the reasons for such disapproval shall be set fo~h in such repom If no response is received within 20 days ...... vv .................. J ............. o .......,~- ^~,,: .....~ ..... :t .... : .... th i byth C atio Ad i ...................... j ................ e rev ew e onserv n v sory Council shall be deemed waived. § 275-10. Contents of permit. D.C~. The conditions imposed by the Trustees on the issuance of the permit. ~D._: The specific location of the areas to be affected by the operations of the permittee. A statement that "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. G:.F~. A statement that "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. A statement that "The permittee and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the performance guarantee (§275-9E). A statement that "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." A statement that "The permittee is required to notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance of a certificate of compliance (§ 275-13)." tG.J_. A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." A statement that "The permittee is required to conspicuously post the permit and have the supporting Trustees' stamped plans available for immediate inspection at the work site at the commencement of work until which time the project is completed. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees and must, in any event, comply with the requirements of Chapter 236. See also §275-6A(14) for requirements. (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than the mean seaward projection of homes in the general vicinity and homes on either side of the subject lot. (4) Fences. (_a) Trustees reserve the right to permit erection of a split-rail fence where the applicant has shown that there is a need to protect s er prvateprope . on 'or .............. (b) Temporary or seasonal snow fences may be permitted upon a showing of need for erosion control at the Trustee's discretion. (c_) Fences on a beach shall be perpendicular to the waterline and not closer than 4-0 20 feet to MHW the apparent high water mark. (_d) Only one posted sign per 100 linear feet offence is allowed on a split-rail fence. Posted signs shall be no larger than 12 inches by 12 inches square. Any fence, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, the Office of Code t-^~ ~c ........ v ......or Bay Constable may Enforcement, ................... r~cc.~. remove or cause the removal of the illegal structure. (e_) If any fence, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement,Cc, dc or Bay Constable to create a hazard to the health, safety or welfare of the public, such structure may be removed and disposed of by the Town without prior notice to the owner. Upon removal by the Town, all costs and expenses incurred by the Town for the removal of such fence, barricade or impediment shall be the responsibility of the owner. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal, including filing a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. (6) Platforms associated with stairs may not be larger than 32 square feet. (b) Platforms ma,/not exceed 200 square feet and must be landward of the top of bluff. Shoreline structures. (1) Bulkheads, retaining walls, revetments and gabions. All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by §275-2. Retaining walls are not permitted unless excessive erosion can be demonstrated. In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pre- treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. Any use of creosote is prohibited. Preservatives of any type, including but not limited to those listed above, cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead or connects to adjoining functional bulkheads. Machine excavation is prohibited in tidal and freshwater wetland areas unless specifically authorized by permit. No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. Individual residential stairs are prohibited on bluffs in the Coastal Erosion Hazard Area if the property is part of an association that maintains a common stairway within a reasonable distance. Lighting: Any and all lights associated with bulkheads, retaining walls, stairs or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. In water. (1) (2) Garbage, asphalt, and C&D materials are strictly forbidden for use as backfill behind bulkheads. Jetties and groins; general roles. (g) All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, on tkz upland on the landward end of the jetty or groin as necessary, not less than gwe-four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. Docks. [6] Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. Any application for a dock to be constructed at the end of a right- of-way or commonly held land requires the written consent of all parties having an interest in the right-of-way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easemem holder(s), or any other person(s) or emity(ies) with a legal or beneficial interest in any existing or proposed docking facility. All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, not !v,:3 t~an ~, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. [! 0][9] Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. [11][lO]Personal watercraft or "jet ski" floats cannot be added to any float, stairway, or dock without a Trustee permit. Floats may not cumulatively exceed 120 square feet. [12][11]Lighting: Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active use. [! 2][12[Utilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application, installation of such amenities on an existing permitted dock requires obtaining a permit amendment from the Trustees. (b) Dock locations and lengths. [3][d] No floating docks, floats, dock components, duck blinds or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands between April 1 and December 1 of each calendar year. No duck blinds may be stored on tidal wetlands, other intertidal areas or freshwater wetlands at any time. § 275-14. Transferability. A valid Trustees' permit ~ may be transferred to another applicant by approval of the Trustees upon a determination of the Trustees that the structure in its current state conforms to the terms and conditions of the permit as issued, aba!! net bc transferring said permit shall be $50. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: May 8, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON May 24, 2012 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Bd of Trustees Website Town Board Members Comptroller Town Attorney Town Clerk's Bulletin Board person during business hours. Dated: May 8, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON May 17, 2012 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE~ TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Land Preservation Website Town Board Members Comptroller Town Attorney Town Clerk's Bulletin Board 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 8th day of May, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" now, therefore, be it NOTICE IS HERIn;BY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of June, 2012 at 7:36 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" contains the following: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline". The proposed Local Law amends Chapter 275 of the Town Code entitled "Wetlands and Shoreline", the purpose of which is to simplify the permit process, codify and clarify existing policies and conform certain regulations to be consistent with other provisions of the Code and in particular the newly adopted MS4 regulations and the Coastal Erosion Hazard Law. Specifically, Section 275-2 amends and/or restates various definitions including definitions for aquaculture, bay, jetty, mooring, nonturf buffer, operations, seasonal structures and town waters. Section 275-3 is amended to clarify the Trustees' jurisdiction over all town waters. Section 275-4 is amended to clarify certain exceptions to the requirement of a wetlands permit including bona fide agricultural or horticultural operations, maintenance of permitted structures, demolition, removal or repair of existing fuel tanks, installation of solar panels, siding, and second story additions, relocations of certain septic systems and installation of flagpoles under certain circumstances. Section 275-5 is amended to removed certain actions from the administrative permit process and add others including the installation of deer fencing 25 feet landward of the wetland boundary and requiring a majority vote of the Board of Trustees for approval. Sections 275-6, 275-7 and 275-8 are housekeeping amendments to clarify the application requirements, impose a streamlined fee schedule and make the review process consistent with the drainage code. Section 275-11 is amended to clarify standards fro all construction and operations within the Trustees' jurisdiction and to modify the rules for installation of fences for erosion control purposes and platforms on or near bluffs. Section 275-14 is amended to allow for transfer of permits to another applicant upon a showing to the Trustees that the structure in its current state conforms to the terms and conditions of the permit as issued. The full text of the proposed local law is available for review at the Town Clerk's Office, 53075 Route 25, Southold, during regular business hours or you may access it on the Town's website: southoidtown.northfork, net Dated: May 8, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON May 24, 2012 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Bd of Trustees Website Town Board Members Comptroller Town Attorney Town Clerk's Bulletin Board 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 Re: Resolution Numbers 2012- 414 & 415 "A Local Law in Relation to Amendments to Chapter 275 Wetlands and Shoreline" 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 May g, 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 7:36 PM, Tuesday, June 5, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold lown Clerk Enclosure cc: 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, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 8, 2012 Re: Resolution Numbers 2012-"414 & 415' "A Local Law in Relation to Amendments to Chapter 275, Wetlands and Shoreline of the Code ofthe Town of Southold. Mr. Donald Wilcenski, Chairman Southold Town Planning Board 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Wilcenski: The Southold Town Board at their regular meeting held on May 8, 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 7:36 PM, Tuesday, June 5, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. ~le '~-~Very truly yours, (~ Southold Town Clerk Enclosure cc: Town Board Town Attorney RESOLUTION 2012-414 ADOPTED DOC ID: 7852 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-414 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of May, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of June, 2012 at 7:36 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. oL, nll 1~ .... *L, .....: ....: .... 1~:~ Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). Resolution 2012-414 Board Meeting of May 8, 2012 AQUACULTURE -- The r:ti~ino ar ~*~; ......... *~ ; ...... cr~**~ living aquatic org~isms .......... j, ~,~.., ........ j, v ........................ Ba3. Body of water w~th~n the boundaries of the Town of Southold excludine the Long Island Sound and those defined under Creeks. BEACH -- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe ora dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward ora beach, the landward limit ora beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. BOAT/VESSEL -- Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean high water. This definition excludes floating docks and swim platforms. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of Southold and/or Suffolk County and designated by the New York Department of State as Critical Environmental Areas worthy of protection including but not limited to: Cutchogue Harbor Wetlands, Halleck's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. FLOAT -- See Boat/Vessel FUNCTIONAL -- Any structure that has essentially retained its purpose and use ,,vRhin4he:24 .......... v ........ ~ ..... v ..................... :zzue, as determined by the Board of Trustees. GROiN -- A man-made barrier typically perpendicular to the shoreline used to change the natural httoral drift, prevent erosion, · ................. ~··,~.··~,~* ...... or protect an area from wave energy. ~ JETTY -- A man-made b ' ~ .... '~:~"~ to a.~ arner v~-t- ........................ used to ~r~, maintain beach elevation, prevent erosion, and m~ntain inlet enff~ces., cr ~rztcct mn area Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 2 Resolution 2012-414 Board Meeting of May 8, 2012 LOW-PROFILE JETTIES -- The definition of a low-profile jetty is site specific, but typically is a structure no higher than 18 inches to, ?, inchc: above existing soil or sediment grade on the down-drift side and shall not extend seaward of apparent iow water. MATERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud, wood or any other material, including liquids, organic or inorganic. MEAN HIGH WATER (MHW) -- The average of all the high water heights observed over the most previousq~ eighteen and a half year period. MEAN LOW WATER (MI.W) -- The average of all the low water heights observed over the most previous~ eighteen and half year period. MOORING -- Anchoring for greater than 34 4~8 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a minimum cf 29 feet wide cr as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement of signs or other activities may take place, except that man-made debris may be removed from such area by hand without the permission of the Board of Trustees. NONTURF BUFFER -- A designated area where turf grass, pesticides and fertilizers are not permitted. Any pervious material allowing for percolation of surface runoff into the soil i~s allowed. Examples include: nat'ara! native vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff generated by such structures must be allowed to percolate into the ground directly below the OPERATIONS The removal of material from wetlands or any other,,vise activity within Trustee jurisdiction. (2) ...... v ............. ~, ............. e acement, re a r or remov o structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds on wetlands or otherwise within Trustee jurisdiction. (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or otherwise within Trustee jurisdiction. (4) The erection, construction, alteration, repair or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin, or any system or other structure, temporary or permanent, on wetlands, or otherwise within Trustee jurisdiction. (5) Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 3 Resolution 2012-414 Board Meeting of May 8, 2012 ORDiNARY AND USUAL MAINTENANCE -- Actions on a permitted, functional structure which do not involve more than 75% of the entire structure which are required to preserve in a condition or state of equivalent quality to that which was approved or required by permit. PIER -- A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water. ~ SEASONAL STRUCTURES--- Structures that may not be installed prior to April 1 of each calendar year and must be removed bv December 1 of each calendar year. SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project d' g ers .... ~..~ ' SOUND ~- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. TOWN WATERS -- All the waters within the boundaries of the Town of Southold t54ag-oa~ WETLANDS (TIDAL) (2) All banks, bogs, meadows, flats, .~'~d tidal marsh and beaches subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina altemiflora), salt hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicomia spp.), sea lavender (Limoneum spp.), marsh elder Ova frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, canal, or lake; (3) Land underwater; (4) Land subject to tidal action; Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 4 Resolution 2012-414 Board Meeting of May 8, 2012 (5) Land within 100 feet of the areas listed above; (6) All Town waters. D. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) u~,,ee~;~ T p fbi ff. ........... 0 0 U [4] Swimming pool and related structures: 1 O0 50 feet. § 275-4. Exceptions. A. The provisions of this chapter shall not require a permit for the following: (3) The ordinary and usual operations relative to a bona fide preexisting commercial agriculture and o~r hoXict:!turc horticultural operation landward of the wetland boundary. (s) The ordinary and usual maintenance or repair on a permitted structure (of the same dimensions) of a functional building, dock, pier, wharf, jetty, groin, dike, dam or other water-control device or structure, ........................... nd (9) The demolition, removal, repair and/or upgrading of existing residential fuel tanks, fuel lines, fuel dispensers, installation or burial of a residential propane tank, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. within (10) Installation of new or replacement windows, roof shingles, solar panels, siding, doors, and second story additions only if additions are within the existing, footprint and are made to an upland, permitted structure. 0~a~q~gh~g~m (11) The relocation of an existing septic system from within Trustee jurisdiction to outside Trustee jurisdiction. (12) Flagpoles specifically used for that purpose, with a base not greater than 4 feet by 4 feet. (13) Operations landward of a public road whereby the public road is located between the waterbody that is the source of Trustee jurisdiction and the operations. Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 5 Resolution 2012-414 Board Meeting of May 8, 2012 (11 )(1~4) Notwithstanding the above listed exceptions, operations within a designated nondisturbance buffer are prohibited. § 275-5 Permit procedures. B. Administrative permit. (1) The administrative permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by §275-3 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas, applicants may request an administrative permit review. This review does not relieve the applicant of providing all the application requirements (§275-6) or obtaining permits from other jurisdictions, including, but not limited to, New York State Department of Environmental Conservation and United States Army Corp of Engineers. Under the administrative review process, each application will be reviewed by at least one member of the Board and approved by the majority. See §275-8H for details of approval. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in §275-11: (d) Remodeling or renovation cr rccznst.mct:~cn of a permitted structure, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (g) Construction or installation of drainage structures for the retention of runoff, provided that such structures incorporate the maximum feasible setback from wetlands and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (j-)(h) The construction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 6 Resolution 2012-414 ¢)2t ¢p)(m) Board Meeting of May 8, 2012 Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for administrative review. Minor restoration or alterations of landscaping. Decks. Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. Dredging work necessitated by the accumulation of silt from runoff or other circumstances not the result of activity by or on behalf of the owner of the property. An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. (o) Deer fences if located a minimum of 25 feet landward of the wetland boundary line or bulkhead line, whichever designated line is most landward. Under no circumstances are deer fences permitted in a non- disturbance area. (3) Any such activities :~a!! may require the addition ofa nonturf buffer area not to ~ as defined in {}275-2. § 275-6. Application. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the CAe~ Office of the Trustees. Such application shall contain the following information: (2) At the discretion of the Trustees. a schedule for the proposed activities with a completion date. (8) Such application shall be accompanied by a survey and topographical map, created no more than o~e6~oa~ five years prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 7 Resolution 2012-414 Board Meeting of May 8, 2012 proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. (14) Drainage upgrade. At the discretion of the Board, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two-inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. Applicants may have additional requirements to meet compliance with Chapter 236. § 275-7. Fees. Every non-administrative application for a Trustees wetlands permit filed with the CAe~ Office of the Trustees shall be accompanied by a filing fee of $250 which includes the first site visit, no portion of which shall be refundable. The fee for an administrative permit shall be $50. $100. For stru:turcz activities that have been previously built without a permit, the fee will be doubled. Ifa preapplication site visit is requested, the fee shall be $50, which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves activities that were the subiect of the site visit. Dock and float fee. Every application for a new dock or float shall include a fee~,~.,,~ *^~v ....... c~. c .....:-~':~ ~'~ ........ :~ '~^~'° to be set by the Town Board. $2 pcr o,~ ............................................ Commercial docks are any structures that are rented, leased or othe~ise used to generate income, including, but not limited to, those structures located on prope~ies zoned M1 ~d M2. § 275-8. Processing of application. Presubmission conference. Applicants are encouraged to schedule a voluntary presubmission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and nonbinding, but this meeting is intended to facilitate communication between the applicant and the Board. There will be a fee of $50 for this conference which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves structures that were the subject of the site visit. Investigation and coordination. Upon receipt of the application, the C4er-k--Office of the Trustees shall maintain the original in the file and forward one copy thereof to each of the Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 8 Resolution 2012-414 Board Meeting of May 8, 2012 following as necessary: the Conservation Advisory Council, LWRP Coordinator, Stormwater Management Officer, ~, one-c-opy-m the Plarming Depart and ..... ~ th Zo 'ng Board ~"~ of~e~mstees. The Conservation Advisory Council shall review said application and the effect, if any, on the wetlands and tidal waters of the Town that may result from the proposed operations and shall, within 20 days of receipt of the same, forward its written report of findings and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no response is received within 20 days,, .... wv .................. /, ~..; .... r, ..... ;1 review, the review by the Conservation Advisory Council shall be deemed waived. § 275-10. Contents of permit. ...................... r ..................... ucted. D.C~. The conditions imposed by the Trustees on the issuance of the permit. ~..D~. The specific location of the areas to be affected by the operations of the permittee. A statement that "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. G:.F_. A statement that "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. A statement that "The permittee and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the performance guarantee (§275-9E). A statement that "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 9 Resolution 2012-414 Board Meeting of May 8, 2012 A statement that "The permittee is required to notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance of a certificate of compliance (§ 275-13)." tG.J_. A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." A statement that "The permittee is required to conspicuously post the permit and have the supporting Trustees' stamped plans available for immediate inspection at the work site at the commencement of work until which time the project is completed. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees and must, in any event, comply with the requirements of Chapter 236. See also §275- 6A(14) for requirements. (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than the mean seaward projection of homes in the general vicinity and home~ on either side of the subject lot. (4) Fences. Trustees reserve the right to permit erection of a split-rail fence where the applicant has shown that there is a need to protect his/her private property. (b) Temporary or seasonal snow fences may be permitted upon a showing of need for erosion control at the Trustee's discretion. S'ach (c) Fences on a beach shall be perpendicular to the waterline and not closer than 443 20 feet to ~.!HW the apparent high water mark. (_d) Only one posted sign per 100 linear feet offence is allowed on a split-rail fence. Posted signs shall be no larger than 12 inches by 12 inches square. Any fence, barricade or impediment to pedestrian traffic on the beach or Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 10 Resolution 2012-414 Board Meeting of May 8, 2012 wetland area in violation of the provisions of this chapter shall be removed upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, the Office of Code Enforcement, Ce, dc ...................... or Ba onstable may remove or cause the removal of the illegal structure. (_e) If any fence, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement,Cede or Bay Constable to create a hazard to the health, safety or welfare of the public, such structure may be removed and disposed of by the Town without prior notice to the owner. Upon removal by the Town, all costs and expenses incurred by the Town for the removal of such fence, barricade or impediment shall be the responsibility of the owner. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal, including filing a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. (6) ~ Platforms. (a) Platforms associated with stairs may not be larger than 32 square feet. (b) Platforms may not exceed 200 square feet and must be landward of the top of bluff. B. Shoreline structures. (1) Bulkheads, retaining walls, revetments and gabions. (4) c~ All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by §275-2. (e)(d) Retaining walls are not permitted unless excessive erosion can be demonstrated. Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 11 Resolution 2012-414 Board Meeting of May 8, 2012 In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pre-treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. Any use of creosote is prohibited. Preservatives of any type, including but not limited to those listed above, cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead or connects to adioining functional bulkheads. Machine excavation is prohibited in tidal and freshwater wetland areas unless specifically authorized by permit. No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. Individual residential stairs are prohibited on bluffs in the Coastal Erosion Hazard Area if the property is part of an association that maintains a common stairway within a reasonable distance. Lighting: Any and all lights associated with bulkheads, retaining walls, stairs or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage, asphalt, and C&D materials are strictly forbidden for use as backfill behind bulkheads. C. In water. (1) Jetties and groins; general rules. (g) All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, on the upland on the landward end of the ietty or groin as necessary, not less than ~q-ve-four feet Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 12 Resolution 2012-414 Board Meeting of May 8, 2012 in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. (2) Docks. [6] ~7-][6] Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. Any application for a dock to be constructed at the end of a right-of-way or commonly held land requires the written consent of all parties having an interest in the right-of-way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in any existing or proposed docking facility. All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, ~^~ ~ .... ~.~. c,.,~ r~,: .... ;~,~. ................................ , to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. [ 10][9] Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. [11][10]Personal watercraft or "jet ski" floats cannot be added to any float, stairway, or dock without a Trustee permit. Floats ma,/not cumulatively exceed 120 square feet. [12]|11]Lighting: Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active use. [13][12]Utilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application, installation of such amenities on an existing permitted dock requires obtaining a permit amendment from the Trustees. (b) Dock locations and lengths. [3][d] No floating docks, floats, dock components, duck 5![nda or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 13 Resolution 2012-414 Board Meeting of May 8, 2012 between April 1 and December 1 of each calendar year. No duck blinds may be stored on tidal wetlands, other intertidal areas or freshwater wetlands at any time. § 275-14. Transferability. A valid Trustees' permit ~st~p~sm~to may be transferred to another applicant by approval of the Trustees upon a determination of the Trustees that the structure in its current state conforms to the terms and conditions of the · - ~u~, _~+ ~.~ + .... c~_~a ..... ;~a permit as ~ssued ..............................e, .... ............ v ..... vv .............................. The fee for transfernn perm g said it shall be $50. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 14 RESOLUTION 2012-415 ADOPTED DOC ID: 7853 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-415 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 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 275~ Wetlands and Shoreline" to the Southold Town Plannim, Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell (~ RESOLUTION 2012-414 ADOPTED DOC ID: 7852 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-414 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of May, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of June, 2012 at 7:36 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shorehne . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. ~n ~ ..... ~. .....: ....: .... ~:. U 1 th i p ly d th loll wi g ........................ ~ .............. nesso erwseex ress state , e o n terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE -- The raising or cultivation of nurseD ........ or...,- o.....-~..~"~'~' tn' ,.~'~:c'~:"~....... ~^~: .... + ........: ...... rc~.~._~ living aquatic organisms. Resolution 2012-414 Board Meeting of May 8, 2012 o ....;~ n~,, , ^.~ D~. r~.r r~:~.+ ~. .... ~ e~..+~ r~_ dy f ithi th .......... J, ....e ........ /, ............................ /.Bo o waterw n e bo~dmes of the Town of Southold excluding the Long Island Sound ~d those defined ~der Creeks. BEACH -- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe ora dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. BOAT/VESSEL -- Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean high water. This definition excludes floating docks and swim platforms. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of Southold and/or Suffolk County and designated by the New York Department of State as Critical Environmental Areas worthy of protection including but not limited to: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. FLOAT -- See Boat/Vessel FUNCTIONAL -- Any structure that has essentially retained its purpose and use ¥,4thia44'~e~24 ~^~+~. ...... .~;~ a. .......: ....... +;";+;~ ~+; ..... d i ed by th B d ofT .......... ~ ........ e .....~ ............................, as eterm n e oar rustees. GROIN -- A man-made barrier typically perpendicular to the shoreline used to change the natural littoral drift, prevent ' ~:"+~:~ :~' ........... or protect an area from wave erosion, ............................ , energy, e~ ,,1~++... JETTY -- A man made barrier w,v .......................... used to ..... e .................. al driP, maintain beach elevation, prevent erosion, and maintain inlet entrances., ..... +~' ...... LOW-PROFILE JETTIES -- The definition of a low-profile jetty is site specific, but typically is a structure no higher than 18 inches m~44md~s above existing soil or sediment grade on the down-drift side and shall not extend seaward of apparent low water. Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 2 Resolution 2012-414 Board Meeting of May 8, 2012 MATERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud, wood or any other material, including liquids, organic or inorganic. MEAN HIGH WATER (MHW) -- The average of all the high water heights observed over the most previous~ eighteen and a half year period. MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previous~ eighteen and half year period. MOORING -- Anchoring for greater than g4 48 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a m!n~mum cf 20 feet w~e er as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement of signs or other activities may take place, except that man-made debris may be removed from such area by hand without the permission of the Board of Trustees. NONTURF BUFFER -- A designated area where turf grass, pesticides and fertilizers are not permitted. Any pervious material allowing for percolation of surface runoff into the soil i~s allowed. Examples include ......... native vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff generated by such structures must be allowed to percolate into the ground directly below the OPERATIONS The removal of material from wetlands or any other,~ise activity within Trustee jurisdiction. (2) ...... v ...... d~zeharge ~c_~+~;~, The placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds on wetlands or otherwise within Trustee jurisdiction. (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or otherwise within Trustee jurisdiction. (4) The erection, construction, alteration, repair or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin, or any system or other structure, temporary or permanent, on wetlands, or otherwise within Trustee jurisdiction. (5) Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 3 Resolution 2012-414 Board Meeting of May 8, 2012 ORDINARY AND USUAL MAINTENANCE -- Actions on a permitted, functional structure which do not involve more than 75% of the entire structure which are required to preserve in a condition or state of equivalent quality to that which was approved or required by permit. PIER -- A fixed structure to secure vessels, unloading or loading persons or property or idi g to th e ....... ~.~c ,, prov n access e water ............ SEASONAL STRUCTURES--- Structures that may net be installed prior to April 1 of each calendar year and must be removed by December 1 of each calendar year. SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters. - .... 1.. :~.~ll~l .;1.1~ ........ 1~.~1 .......... ~ ,~ .... :&B' .... SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. TOWN WATERS -- All the waters within the boundaries of the Town of Southold t54ng-ov~ WETLANDS (TIDAL) (2) All banks, bogs, meadows, flats, an~ tidal marsh and beaches subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina altemiflora), salt hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicomia spp.), sea lavender (Limoneum spp.), marsh elder Ova frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. (1) (2) (3) (4) Any freshwater wetland, tidal wetland, beach, bluff, dune, fiat, marsh, swamp, wet meadow, bog, or vernal pool; Any creek, estuary, stream, pond, canal, or lake; Land under water; Land subject to tidal action; Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 4 Resolution 2012-414 Board Meeting of May 8, 2012 (5) Land within 100 feet of the areas listed above; (6) All Town waters. D. Setbacks. (l) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) gtu-f-f4in~. Top of bluff. [4] Swimming pool and related structures: !00 50 feet. § 275-4. Exceptions. A. The provisions of this chapter shall not require a permit for the following: (3) The ordinary and usual operations relative to a bona fide.preexisting commercial agriculture and O_L~horticultural operation landward of the wetland boundary. (5) The ordinary and usual maintenance or repair on a permitted structure (of the same dimensions) of a functional building, dock, pier, wharf, jetty, groin, dike, dam or other water-control device or structure c ..... ~.:~. ~._.~. ......... ,~ (9) The demolition, removal, repair and/or upgrading of existing residential fuel tanks, fuel lines, fuel dispensers, installation or burial of a residential propane tank, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. within (10) Installation of new or replacement windows, roof shingles, solar panels, siding, doors, and second story additions only if additions are within the existing footprint and are made to an upland, permitted structure. '~ ....... '~ ~;'~; .... (11) The relocation of an existing septic system from within Trustee iurisdiction to outside Trustee jurisdiction. (12) Flagpoles specifically used for that purpose, with a base not greater than 4 feet by 4 feet. (13) Operations landward of a public road whereby the public road is located between the waterbody that is the source of Trustee jurisdiction and the operations. (-!-1-)(14) Notwithstanding the above listed exceptions, operations within a designated nondisturbance buffer are prohibited. Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 5 Resolution 2012-414 Board Meeting of May 8, 2012 § 275-5 Permit procedures. B. Administrative permit. (1) The administrative permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by §275-3 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas, applicants may request an administrative permit review. This review does not relieve the applicant of providing all the application requirements ({}275-6) or obtaining permits from other jurisdictions, including, but not limited to, New York State Department of Environmental Conservation and United States Army Corp of Engineers. Under the administrative review process, each application will be reviewed by at least one member of the Board and approved by the maiority. See §275-8H for details of approval. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in {}275-11: (d) Remodeling or renovation . ' of a permitted structure, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. Construction or installation of drainage structures for the retention of runoff, provided that such structures incorporate the maximum feasible setback from wetlands and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. The construction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for administrative review. Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 6 Resolution 2012-414 (m)(k) (~(m) (q) nLn2 Board Meeting of May 8, 2012 Minor restoration or alterations of landscaping. Decks. Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. Dredging work necessitated by the accumulation of silt from runoff or other circumstances not the result of activity by or on behalf of the owner of the property. An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. (o) Deer fences if located a minimum of 25 feet landward of the wetland boundary line or bulkhead line, whichever designated line is most landward. Under no circumstances are deer fences permitted in a non- disturbance area. (3) Any such activities zkal! may require the addition of a nonturf buffer area not to · r~44~,,4d~ as defined in §275-2. § 275-6. Application. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the C46~ Office of the Trustees. Such application shall contain the following information: (2) At the discretion of the Trustees, a schedule for the proposed activities with a completion date. (8) Such application shall be accompanied by a survey and topographical map, created no more than one year five years prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 7 Resolution 2012-414 Board Meeting of May 8,2012 operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. (14) Drainage upgrade. At the discretion of the Board, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two-inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. Applicants may have additional requirements to meet compliance with Chapter 236. § 275-7. Fees. Every non-administrative application for a Trustees wetlands permit filed with the C!cr!: Office of the Trustees shall be accompanied by a filing fee of $250 which includes the first site visit, no portion of which shall be refundable. The fee for an administrative permit shall be $59. $100. For ~ activities that have been previously built without a permit, the fee will be doubled. If a preapplication site visit is requested, the fee shall be $50, which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves activities that were the subject of the site visit. Dock and float fee. Every application for a new dock or float shall include a fee~eqmfl4o ~ .......... r^~, r ..... :~':~ ~ ....... :~ ~^~-~ to be set by the Town Board. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M1 and M2. § 275-8. Processing of application. Presubmission conference. Applicants are encouraged to schedule a voluntary presubmission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and nonbinding, but this meeting is intended to facilitate communication between the applicant and the Board. Them will be a fee of $50 for this conference which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves structures that were the subject of the site visit. Investigation and coordination. Upon receipt of the application, the ~Office of the Trustees shall maintain the original in the file and forward one copy thereof to each of the following as necessary: the Conservation Advisory Council, LWRP Coordinator, Stormwater Management Officer, v~, c. ne cc~y tz the Planning Department and c. nc ~3' tv, the Zoning Board ~ ........ ,^ ~.~ c.~ _.;.~ ,~.~ ~cc.~ Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 8 Resolution 2012-414 Board Meeting of May 8, 2012 cf the Truztccz. The Conservation Advisory Council shall review said application and the effect, if any, on the wetlands and tidal waters of the Town that may result from the proposed operations and shall, within 20 days of receipt of the same, forward its written report of findings and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no response is received within 20 days, ~ .... vv ................. ,.J ........................ ........ j ....... rev:ew, the review by the Conservation Advisory Council shall be deemed waived. § 275-10. Contents of permit. ..................... v.~crat:.cnz :;'il! e D.C_~. The conditions imposed by the Trustees on the issuance of the permit. ~..D_~. The specific location of the areas to be affected by the operations of the permittee. A statement that "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. G:.F~ A statement that "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. A statement that "The permittee and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the performance guarantee (§275-9E). t=H_~. A statement that "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 9 Resolution 2012-414 Board Meeting of May 8, 2012 A statement that "The permittee is required to notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance of a certificate of compliance (§ 275-13)." K~. J_. A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." A statement that "The permittee is required to conspicuously post the permit and have the supporting Trustees' stamped plans available for immediate inspection at the work site at the commencement of work until which time the project is completed. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees and must, in any event, comply with the requirements of Chapter 236. See also §275- 6A(I 4) for requirements. (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than the mean seaward projection of homes in the general vicinity and hc, mc,: on either side of the subject lot. (4) Fences. (_a) Trustees reserve the right to permit erection ora split-rail fence where the applicant has shown that there is a need to protect his/her private property. .... Jov ................................... and lb) Temporary or seasonal snow fences may be permitted upon a showing of need for erosion control at the Trustee's discretion. Such (_c) Fences on a beach shall be perpendicular to the waterline and not closer than ~ 20 feet to MHW the apparent high water mark. (d) Only one posted sign per 100 linear feet of fence is allowed on a split-rail fence. Posted signs shall be no larger than 12 inches by 12 inches square. Any fence, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 10 Resolution 2012-414 Board Meeting of May 8, 2012 upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, the Office of Code Enforcement, Co, dc or Bay Constable may remove or cause the removal of the illegal structure. (_e) If any fence, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement,Cede ~ or Bay Constable to create a hazard to the health, safety or welfare of the public, such structure may be removed and disposed of by the Town without prior notice to the owner. Upon removal by the Town, all costs and expenses incurred by the Town for the removal of such fence, barricade or impediment shall be the responsibility of the owner. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal, including filing a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. (6) Decks and Platforms (a) Platforms associated with stairs may not be larger than 32 square feet. (b) Platforms may not exceed 200 square feet and must be landward of the top of bluff. B. Shoreline structures. (1) Bulkheads, retaining walls, revetments and gabions. (d)(c) All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by §275-2. (~(d) Retaining walls are not permitted unless excessive erosion can be demonstrated. In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pre-treated with any Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 11 Resolution 2012-414 Board Meeting of May 8, 2012 preservative, including but not limited to chromated copper arsenate (also known as "CCA"), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part ora structure in low tidal flow wetland areas as determined by the Trustees. Any use of creosote is prohibited. Preservatives of any type, including but not limited to those listed above, cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. (~)(f) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead or connects to adjoining functional bulkheads. (4-)(h) Machine excavation is prohibited in tidal and freshwater wetland areas unless specifically authorized by permit. ¢k-)~ No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. (j) Individual residential stairs are prohibited on bluffs in the Coastal Erosion Hazard Area if the property is part of an association that maintains a common stairway within a reasonable distance. Lighting: Any and all lights associated with bulkheads, retaining walls, stairs or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage, asphalt, and C&D materials are strictly forbidden for use as backfill behind bulkheads. C. In water. (1) Jetties and groins; general rules. (g) All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, on-lhe-uptand on the landward end of the jetty or groin as necessary, not less than iCvvo-four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 12 Resolution 2012-414 (2) Docks. Board Meeting of May 8, 2012 [6] [-7][61 Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. Any application for a dock to be constructed at the end of a right-of-way or commonly held land requires the written consent of all parties having an interest in the right-of-way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in any existing or proposed docking facility. All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, nc, t !ess th~n five .............. , to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. [! 0][9] Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. [11]]10]Personal watercraft or "jet ski" floats cannot be added to any float, stairway, or dock without a Trustee permit. Floats may not cumulatively exceed 120 square feet. [12][11]Lighting: Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active ]13]]12]Utilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application, installation of such amenities on an existing permitted dock requires obtaining a permit amendment from the Trustees. (b) Dock locations and lengths. [3][d] No floating docks, floats, dock components, duc!c blinds or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands between April 1 and December 1 of each calendar year. No duck blinds may be stored on tidal wetlands, other intertidal areas or freshwater wetlands at any time. Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 13 Resolution 2012-414 Board Meeting of May 8, 2012 § 275-14. Transferability. A valid Trustees' permit ~ may be transferred to another applicant by approval of the Trustees upon a determination of the Trustees that the structure in its current state conforms to the terms and conditions of the permit as issued. ~n ~, ~.~ · .... c~_~ ..... :~ ...:,~.^.., ,~.~ ~.: .......... ~ ~.~ .... ~ ..... ~,~.~ ~r~..~ The fee for transferring said permit shall be $50. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 5/8/2012 3:27 PM by Lynne Krauza Page 14