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LL 2012 #12
SOUTHOLDTOWNBOARD PUBLIC HEARING September 25, 2012 7:32 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 8:03 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 28th day of August, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 25th day of September, 2012 at 7:32 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. Amendments to Chapter 275 Wetlands and Shoreline 2 September 25, 2012 II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. .~..~...,: .... ~., ~. .... ,~. ..... :__. ~: .... ~ere~n 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~ ~_+n: .... , .... +~; ...... cc~.~,,~ living aquatic organisms dy f water within the boundaries of the Town of Southold excluding the Long Island Sound, Lakes 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 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 high water. This definition excludes floating docks and swim platforms. CRITICAL ENVIRONMENTAL AREAS -- All sites ~ designated by the Town of Southold and/or Suffolk County aeg~natc~ by ~ New Yzrk D~a~.men. t zf 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 Wetlands and Shoreline 3 September 25, 2012 FLOAT -- See Boat/Vessel FLOATING DOCK -- Any structure, raft or floating platform, the intended use of which is to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point. FUNCTIONAL -- Any structure that has essentially retained its intended purpose and use ......................... ~ ........ ~ .....~ ............................, as determined by the Board of Trustees. GROIN -- A man-made barrier typically perpendicular to the shoreline used to change the natural littoral drift, prevent ' ~:~'~;~ :~' ~' ...... or protect an area from erosion, ............................ , wave energy. ~ JETTY -- A man-made bamer v...v ........................... used to !!tiara! a...q~, maintain beach elevation, prevent erosion, and maintain inlet entrances.,--o~ LOW-PROFILE JETTIES -- The definition of a low-profile jetty is site specific, but typically is a structure no higher than 18 inches t.v ?. in.':kc.g 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~ eighteen and a half year period. MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previousqm~q~,~tr-l~4 eighteen and half year period. MOOR1NG -- Anchoring for greater than 24 48 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a minimum el39 feet wide ar 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. Amendments to Chapter 275 Wetlands and Shoreline September 25, 2012 4 NONTURF BUFFER -- A designated area where tuff grass, pesticides and fertilizers are not permitted. Any pervious material allowing for percolation ofsurfacemnoffinto the soil is allowed. Examples include: natv. ra! 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 ~.~:n ......... . ~. ..... ~ ..,:.~.:~ ,u .... ,....c~...cc ...... OPERATIONS (1) The machine excavation and/or removal of material from wetlands, ov Any activity in freshwater or tidal wetlands or in any area within Trustee jurisdiction, including, but not limited to, (-2-) a-,.~ a .... ~, ~. a~. ..... c ~+~.~ n, ...... v .............. ~ ............. (2) the placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, ock components, duck blin s; or on ...................................... j (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands ^.u .... ;~. or ........... in any area within Trustee jurisdiction; or (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 othev, vi~ in any area within Trustee jurisdiction; or (5) Removing or otherwise affecting the growth of plants in wetlands or othom, is~ in any area within Trustee jurisdiction. ORDINARY AND USUAL MAINTENANCE -- Actions on a wetlands 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, e~w~ ""..a'..~.~"r.. ,, PIER LINE -- The average seaward projection of one or more existing permitted docks, 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 ect area to waters .... SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. Amendments to Chapter 275 Wetlands and Shoreline 5 September 25, 2012 SWIM PLATFORM - Any structure, raft or floating platform, that is not intended to be used to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A swim platform includes the platform itself and any pilings or mooring system designed to keep the platform at a fixed point. TOWN WATERS -- All the waters within the boundaries of the Town of Southold lying over patent lands. ~ ................ j 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), saltwmts (Salicomia spp.), sea lavender (Limoneum spp.), marsh elder (Iva frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. Purpose. It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands, giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition, the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat: protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and Amendments to Chapter 275 Wetlands and Shoreline September 25, 2012 6 finfish habitat; public access to water and land; improvement of groundwater recharge; and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. The provisions of this Chapter are not intended to supercede the requirements of Chapter 236 of the Town Code. 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: Co) gtufg4ia~. 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 ~d or~ho~/hmtm~-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, fzr ',;'kick (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 Amendments to Chapter 275 Wetlands and Shoreline September 25, 2012 activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. _a,u:~ ~ nn 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, domars (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(~) Notwithstanding the above listed exceptions, operations within a designated nondisturbance buffer are prohibited. § 275-5 Permit procedures. B. Administrative permit. (l) 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 o f 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 fi.om other jurisdictions, including, but not limited to, New York State Department of Environmental Conservation and United States Army Corp (2) The following operations will be considered for administrative review, in accordance with the standards set forth in §275-11: Amendments to Chapter 275 Wetlands and Shoreline September 25, 2012 (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. (4-)(h) Cutting of common reed (Phragmites australis) to within 12 inches of the soil surface landward of the wetland boundary. This does not include mowing to ground level. 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. (4)(..~ Minor restoration or alterations of landscaping. Decks. 0a-){m) 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. Amendments to Chapter 275 Wetlands and Shoreline 9 September 25, 2012 (-q-)Lq) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. 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 s?2! may require the addition ofa nonturf buffer area ...... ~v/a3~l~4~&~ 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 one-ye~ 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 cf the Boa-d, In addition to the requirements of Chapter 236, 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. Amendments to Chapter 275 Wetlands and Shoreline September 25, 2012 10 Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, § 275-6A(8), (11), (14) or § 275-1 IA(2) where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the waiver was granted. Notwithstanding the foregoing, a waiver of the requirements of §275-6(A){14) shall not relieve the applicant of the obligations to comply with the requirements of Chapter 236. § 275-7. Fees. Every non-administrative application for a ~mstees wetlands permit filed with the-Gte~ 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 or operations 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 equal to` $~ per square f~o`t fo`r r~cr.t~a! an~ co`mmerc;.a! ~o`ck~ 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 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 ~ffice 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, ~q~q-appmp6a~, o`ne co`~y to, the Planning Department, and ot~c~psqo the Zoning Board, ~.~nd co`py to` ~'~ ~ '";'"~ "~ ~cc.~ ~',.~ m-.~,~ Th ti Ad ...................................... e Conserva on visory 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 Wetlands and Shoreline September 25, 2012 11 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 receiv within 20 days,. .... ~.~. .................. j ............ t- ......,:~ ^ a..: ..... r, ..... :~ .... : .... th i by the Co servation Advisory ...................... j ............... e rev ew n Council shall be deemed waived. Administrative permits. An administrative permit includes operations that are deemed to have no adverse environmental impact, and a public hearing and notice are not required prior to issuance of a permit ~vu~ r..n~ .~:~: ..... m ,.~ ~.a~ § 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). Amendments to Chapter 275 Wetlands and Shoreline 12 September 25, 2012 K~. J_. 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)." 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: O) 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 proiection of homes in the general vicinity and homes 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. ~ oa~ Amendments to Chapter 275 Wetlands and Shoreline September 25, 2012 13 Co) Temporary or seasonal snow fences, at the Trustees' discretion, may be permitted upon a showing of need for erosion control. (c) Fences on a beach shall be perpendicular to the waterline and not closer than -I-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 Enforcement, Cede Enfc, re~.~m~t Offi~or 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) Platforms associated with stairs may not be larger than 32 square feet. Amendments to Chapter 275 Wetlands and Shoreline 14 September 25, 2012 (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. (c) Bulkheads on the Sound must may be armored with stone. (d) All bulkhead construction and renovation work requires the establishment of a permanent nonmrf buffer as defined by §275-2. (e) Retaining walls are not permitted unless excessive erosion can be demonstrated. (0 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 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. (g) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (h) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead. 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. Amendments to Chapter 275 Wetlands and Shoreline September 25, 2012 15 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, ,~n ::pla.nd on the landward end of the jetty or groin as necessary, not less than 5ye 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] All docks and floats shall have the street address of the subject premises aF~r~Hate pe.~"mit rr~-r~ permanently affixed to the most seaward face for identification. Said r:a~s address shall be at least three inches high and constructed of metal, wood, plastic or other material such that they can withstand exposure to the elements and are visible from the water. [71 Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. [81 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. [9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the Amendments to Chapter 275 Wetlands and Shoreline 16 September 25, 2012 fe~t--i~width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. [10] Preexisting nonpermitted and/or nonconfonning structures cannot be replaced in kind without full review and approval by the Trustees. [11] 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] 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] 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, du.ek 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' ' : ..... ~ penmt ...... e .......hereto 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..~.,"~"" 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 Amendments to Chapter 275 Wetlands and Shoreline 17 September 25, 2012 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was posted on the Town Clerk's bulletin board on September 6, 2012. That it was posted on September 13, 2012 in the Suffolk Times. Pursuant to requirements to sections A 14-14 through A 14-25 of the Suffolk County Administrative code the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county wide or inter community impacts. A decision of local determination should not be construed as either an approval or a disapproval. That is from Sarah Lansdale, Director of Planning and Andrew Freleng, Chief Planner. From the Southold Town Planning Board, 'Thank you for the opportunity to provide comments on the proposed local law in relation to amendments to chapter 275, wetland and shoreline, amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments and supports the changes.' A letter from Principal Planner and LWRP Coordinator Mark Terry 'The proposed local law has been reviewed to chapter 268, waterfront consistency review of the Town of Southold town code and the local waterfront revitalization policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. This recommendation is made with consideration that actions located within the coastal erosion hazard area will be reviewed and compliant with chapter 111 coastal erosion hazard area of the Southold town code. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action.' And one more, it is from Lillian Ball, 'I am unavoidably out of town for tonight's discussion but I would like to reaffirm the importance of previous comments made by many in the Southold environmental community. No setbacks or buffer zones (for houses, pools etc.) should be reduced. We need every inch to protect our already imperiled water bodies. Southold's future health and economic well being depends on it. Sincerely, Lillian Ball' And that is it. SUPERVISOR RUSSELL: Yes, I am going to go to public comment. I did want to mention to everybody that chapter 275 amendments have been subject to previous public hearings. The draft that you have before you has tried to include all of the input that we have received on this issue in the past. We also have, it looks like all 5 trustees here this evening, who will be able to perhaps answer any questions and bring any clarity to any particular issues that you might want to raise. Also, I don't know that the Town Board is in a position to take action tonight. We do want to hear what everybody has to say and then take that back for consideration. With that, I would ask, Mr. Meinke? HOWARD MEINKE: Thank you, Scott. I just wanted to say that early in the 275 document, whether it is the one that is right now or the one that was earlier, it said 'and to conform certain regulations to environmentally accepted practice.' Now that is very important because we are learning more and more and it is my opinion that science is fully behind the fact that we are polluting our ground water and our surface water with sewage waste in the form of nitrates. Now the worst, the soonest that the pollution gets Amendments to Chapter 275 Wetlands and Shoreline 18 September 25, 2012 from the source into the estuary and into the creeks is on water front property, property that is close to ground water and property that is low. This is all property that is under the Trustees jurisdiction. Now I think we have to realize that current septic systems and many of the of the houses that are built in the Trustees jurisdiction and it is not their fault, were built even before there were regulations. Many of them, I know I lived on one of the creeks, Broadwaters creek for a long time and one of the fingers of it, East creek, is permanently closed. And when I go down there, there is cottages up and down both sides, closer than 100 feet to the water and obviously they are at least 50 years old and they have no septic tanks, they have cesspools and they are polluting nightmares. Now I don't know precisely what you can do. I do understand that the Suffolk County Health Department is where we go to get septic approvals but I think that we do know, we know from the universities, we know from Chris Goebler who has made presentations, we know from a meeting up west when we have had politicians all the way up to the State that we are polluting our waters and septic waste is a problem, so what the Trustees can do about it right now I am not quite sure. But they certainly should get their back up and along with the Town Board, if they can't change the way we are doing it themselves, they should beat on Suffolk County Health Department until they get with the program. There are other states that have environmentally sensitive systems and low nitrate systems. Suffolk County Health Department has approved a low nitrate system. Now admittedly it hasn't had a lot of trial but one of our members in our group that are pushing this issue, has received the $60,000 grant to find a group of houses that are willing to make this change to a low nitrate system and it will strut to run as a test case and I would like to see Southold pursue that. so again, I am not saying that the Trustees can right now put their foot down and change this but it has to be changed and the Suffolk County Health Department, in my opinion, in our opinion, is not doing its job and you guys, instead of saying yes to what they tell you, should create a stink because this has to be changed and there are politicians from here to New York State that agree that it has to be changed, so backbone is what is necessary. Let's do it. Thank you. COUNCILMAN TALBOT: Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? Mr. Hardy. DOUG HARDY: Doug Hardy, Southold. From what I can see from this amendment, we have some good parts to it. I would like to address the purpose which caused me to stumble a bit. In order to protect the natural state of both shoreline and wetlands within the Town of Southold while balancing the rights of property owners. There are other stake holders here, the general public. And I would think that you could substitute both the public good and those of water front property owners. Certainly the property owners, they have rights to access the shorelines. In the mean high water mark, there was a contention several years ago where the public had a right at mean high water. How is this enforced? I think you should include how you are enforcing it in the field. I understand that the Southold Police Department uses the second rack line. But I think it should be clearly stated so that an innocent beach goer would know where it is permitted to walk on the beach. In the section wetlands tidal, here is one comment that I think you will accept. Amendments to Chapter 275 Wetlands and Shoreline September 25, 2012 19 Is in sea lavender, there is a misspelling. You should substitute an 'I' for the 'e'. Is it possible to ask the Tmstee's a question? We are in an era of rising sea level. I think most people will accept that and the tide line is now going to be ambulatory. Fortunately for private, for the property owner, it is landward, so that some structures that were at first above mean high water are now finding themselves in the inter-tidal zone and in often cases, it is below mean low water. The, this represents, the ownership, it is my understanding terminates at the high water mark or mean high water. So that any property that is below mean high water permanently is confiscating state title or town titled land. Would that be true? JOHN BREDEMEYER: Hi, I am John Bredemeyer. I am one of your Town Trustees. I have been returned to the Board graciously by the voters of the Town. I was a Trustee for 10 years back in the 90's. In many cases, the Trustees have been handed court decisions that have settled ownership of lands underwater that probably were not too pleased with and while in the general sense many deeds mn to the mean high water in both state land and trustee land, it is not universally the case and it is a complex area. With respect to your concerns about traversing the shoreline, I understand, I think I have been here long enough, like yourself, I am seeing concrete pillars, small utility buildings, docks, ramps, bulkheads, all actually seaward enough that now you can pass around them in a kayak. But I am not sure the wetlands ordinance is the place we want to control people's riparian access and maybe another dialogue should start to be had conceming the riparian rights of the people of the town in a slightly different context. I am not sure it is entirely going to work for us here. And it is a really difficult issue you know, that we try to take on a case by case basis when we have a permit application before us, it is tough and it is grinding and you see it on the CAC. MR. HARDY: It is important in this sense that if there is an obstruction in a rising sea level, it will eliminate all wetlands gradually and we can see evidence of this where there are bulkheads and the marshes in front of it have disappeared, the tidal salt and mudflats have disappeared. So it is an extremely important issue for this amendment. And if you don't face it now, you are going to face it shortly because already New York State in the sea level task force, operated by the New York State Department of State is managing the resources of New York State, by 2080 they are using the criterion that the sea level will be 2 IA feet above the present sea level. In 2020, which is less than 10 years from now, it will be 2 to 9 inches above present. If you put then a storm surge on top of that, it will cause a great deal of havoc and it will cause a great deal of environmental as well as private property harm. And so, this amendment should maybe side up with what the state agency is doing and begin to think that the sea level is going to rise and it will be rising for hundreds of years in the future. I won't have to won-y about that. but I may see 2020 and if it is 9 inches which is a very good chance, with a storm surge on top of that, it can cause considerable damage. Think of Greenport for instance. MR. BREDEMEYER: You know, Doug, your points are well taken. The coastal erosion hazard act, chapter 111, seeks to address that by the state providing local permitting under state authorization and largely deals with high erosion areas, in other words, the impactive force, the energy based force and really your points are well taken Amendments to Chapter 275 Wetlands and Shoreline September 25, 2012 20 but since most of the areas that are going to be first subject to these problems but the state underwater land ownership and maybe as a growth of the thinking and the methodology that went into the coastal erosion hazard act, were we have drawn basically lines on the bluff, not in the sand but on the bluff to protect those areas that there should be some state support not just merely in general guidelines but in the form of statute that can be passed down to us, similar to the chapter 111 that the Board of Trustees has a code to go by, then it also has a review board in this case the Town Board or ultimately the state DEC because we are sort of given something that has really we have no way to really handle this at this point. MR. HARDY: Why I am bringing this up is that when the New York legislature created the Board of Trustees in its various guises in 1893, it gave the Trustees the authority to manage the lands, I won't go through the whole detail of it but there was a caveat which is a burden now, still, on the Trustees. And this caveat is subject as to lands underwater to the public right of navigation and to the riparian rights of adjoining upland owners. And so your burdened with providing the public with the right of navigation and this is impossible today with the existing bulkhead. I think most of you or many of you have tried to walk the beaches and you just can't delve very far until you find then a bulkhead which prevents, absolutely prevents your passage. And this is apparently illegal. And so t he Trustee, I am not demonizing the Trustees because in the history of this is from 1893 to about 1995 the sea level didn't rise very much. Maybe a millimeter a year and occasionally it did retrogress but atter 1995 it began to accelerate so you are now facing a problem where the sea is marching landward and the private property owner pretty soon or actually there are properties now which are probably unmarketable and so many people, private property owners will be facing then a poor real estate decision. I guess that sums up my comments. Depressingly enough. MR. BREDEMEYER: Thank you for letting me answer your questions. I always am impressed with the faith that is put in the Trustees. But our grant also, our historic grant and our particular authority over riparian rights goes to those creeks and closed waterbodies that were specifically mentioned in the patent and there were some adverse decisions concerning underwater lands and those rights and here again, the problems with bulkheads we acknowledge because we see them but they also predominate on the more seaward and open areas that immediately abut the state lands and I personally am one of those that would like to traverse any bulkhead or (inaudible) if I can't access it, I might even be in a minority position amongst the current Trustees, I haven't really discussed that directly. But it brings a host of issues that there again will go to the state because an individual wanting to traverse along across a bulkhead where there would be state bottom possibly below, there would be liabilities to the state if a person were to fall off it, so to empower individuals to exercise riparian rights across private lands in an age of rising sea level also brings in that we are going to need the help of our state officials again to address the liability of municipality and the state going forward, if we are going to try to exercise these rights and in most cases, an exercise of these rights is not on Trustee land, so as much as I think some of us, I personally am sympathetic, it doesn't really comport with where we are finding most of the problem and the Trustee's currently have bans on bulkheads in the bays and in the creeks and with few exceptions we try to honor that. Amendments to Chapter 275 Wetlands and Shoreline 21 September 25, 2012 MR. HARDY: You are still burdened with providing the public with the right to navigate the shoreline and that you have failed. I am not trying to demonize you because you could get away with it up to about 1995 because the sea level was fairly stable, rising maybe a millimeter a year. But now it has changed and you are stuck with codes that were accepting a stable shoreline. That is no longer the case and won't be for decades, hundreds of years to come. COUNCILMAN KRUPSKI: You are right but a lot of that structure was built in the 1940's, 1950's also. Public access was limited in some cases way back then. MR. HARDY: Well, the solution and perhaps the compromise would be to be is to build then passageways over the bulkheads for the public to enjoy. That would be a compromise rather than but right now, as I could see and I have a variety of Supreme court decisions that would support this is that the Trustees are operating illegally by footing bulkheads below mean high water. Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you. Pat Moore. PATRICIA MOORE: Patricia Moore. In reviewing the proposed changes I noticed that you, I had made a request last time that this was heard to define a permitted structure. That definition still remains out of the document and one of the problems with the lack of that definition is that the Trustees, when 275 was first adopted, interpreted permitted structure particularly with docks, wharves or marine structures as structures that had received a Trustee permit. Now we are adding the terminology of permitted structure throughout this code and you are dealing with upland structures, homes, garages whatever. Whatever upland structure we are dealing with and the fact that it now is, Martin that you have used the term permitted structure, most of the homes that are in this community were certainly built with a permit, with a CO or a pre-CO but they may not have gone through the 275 review because most of them homes, the jurisdiction of the Trustees changed not that long ago. And it is obvious that it would impact the way that this code has been drafted because if you just look at the exceptions, the list of exceptions and I know that the Trustees, from going to code committee and various conversations the exceptions is intended to create clear understanding of when people can do things without having to get a Trustees permit and if, I will direct you to item 10 which says 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, I think it should say structure because again, if you say p*mdtted structure, it implies that its, you can only do these things to a house that has a Trustees wetland permit. And I can assure you that most of the homes that have Trustee wetland permits are relatively new homes that don't need any of this, these improvements. Roof shingles, siding, doom, second story types of additions is primarily applications that are for some of the older buildings that need maintenance. So I would ask you to please, take a Amendments to Chapter 275 Wetlands and Shoreline 22 September 25, 2012 moment, add, either clean up the code and differentiate between marine structures that the Trustees consider permitted by the fact that they have at one time a Trustees permit versus permitted house, upland structure which has a CO, has a pre-CO and when I was looking at how you might define it, if you just go to chapter 111, coastal erosion law, that actually that came through the state, defines a permitted structure as an upland structure and appurtenance in existence and has been issued a certificate of occupancy or certificate of pre-existing use or one where construction has commenced or where construction has not commenced but which a building permit has been issued. Again, we are dealing with a house that's already under construction or with a building permit and it is prior to the effective date of this, presumably, this amendment. And then again, you can define permitted structure with marine structure in existence and being issued a wetlands permit from the Trustees or the Town Board. There are lots of permitted structures which were issued wetland permits from the Town Board. So again, I ask you please, when you do make the revisions to the code, go and add this. I asked before and it is still not in the code. Another, one good change that I thought was very wise and I dealt with it on occasion because it is not that often but operations landward of a public road, operations landward of a public road located between the water body that is the source of Trustees jurisdiction and the operation. So that a road, like the DEC's will cut the jurisdiction of the Trustees so that, I am thinking Grathwohl Road, other areas where there is no road, where there is clearly the development across the road, across a 50 foot road and it really doesn't make sense to have the Trustees regulating on the opposite side of a road. I would ask you that also consider that similarly, you should add that operations more than 50 feet from wetlands on an adjacent property, which is the source of Trustee jurisdiction, that has come up on occasion where property owner, they obviously there is no wetlands in front of them, they have no issues but the Trustees, either they are doing something and the Trustees go out, the bay constable measures and its within 100 feet of wetlands that are coming from a diagonal source wherever it might be and most times, even identify/ng those wetlands are difficult because you have to trespass or have your surveyor or whoever is doing the wetland flagging, trespassing on someone's property in order to identify adjacent wetlands. So similar to the road that cuts off, you also consider a certain distance, 50 feet seems a reasonable amount. You can, within 50 feet you can see bare wetlands right adjacent to you so a homeowner would understand that, oh well, you know, I see the wetlands further than 30 feet but from my neighbors property. Okay, I should go to the Trustees but really beyond that, you have barriers, you have vegetation, and you really don't know that there are wetlands coming from another source. So I would ask you to consider that as well. I know there was a lot of discussion about bulkheads here a few moments ago. We do have provisions, no new bulkheads in creeks, it looks like we have just added and bays are prohibited. I don't believe the bulkheads in bays was prohibited before, I didn't, it was an underlined term so to me it appears that then it wasn't previously prohibited. One of the concerns I have is that where you are allowed to have a bulkhead but it has to be a low sill bulkhead. We are dealing on the bay with storms and protection of the upland property that really the best source of protection is the bulkhead. And let's say you have got a standard bulkhead, marine bulkhead and now you are mandating that any new bulkhead has to be a low sill bulkhead, you are going to be putting a normal bulkhead and Amendments to Chapter 275 Wetlands and Shoreline 23 September 25, 2012 all of a sudden there is going to be 4 feet, possibly more, of differentiation between the bulkhead, the end of your neighbor's bulkhead and now your low sill bulkhead. Has anybody considered the impact of that differential with a storm? Now aren't you going to in a sense create more of a problem because a storm surge may in fact come around between the low sill bulkhead and the high bulkhead and undermine what would be the land and the protection behind the high bulkhead. So these black and white rules don't oftentimes make sense when you are actually dealing with the individual properties, so I hate to see this kind of prohibition. I think generally the Trustees are very good at assessing whether or not can we, do we do a bulkhead, should we do a bulkhead, does it make sense to have it as a low sill bulkhead, maybe a medium sized bulkhead, maybe in that case in the particular area because of strong surges, a high bulkhead but the out and out prohibition I think creates, ties their hands and creates potentially a very dangerous condition. So I would not encourage that change. COUNCILMAN KRUPSKI: Excuse me, I don't see that as a change in my copy. MS. MOORE: That came in .... UNIDENTIFIED: Inaudible. COUNCILMAN KRUPSKI: Right. MS. MOORE: Oh, okay. COUNCILMAN KRUPSKI: 2004. MS. MOORE: It showed up, when I saw it, I thought wow, okay. In that case, I would say that that shouldn't be in there, on the bay because of the example I gave. But even so, I guess my print had it underlined. COUNCILMAN KRUPSKI: Well, you and Doug Hardy can talk about that after the meeting, alright? MS. MOORE: Pardon me? COUNCILMAN KRUPSKI: You and Doug can talk it over after the meeting. MS. MOORE: Exactly, Doug and I can disagree. I follow the constitution. Alright. Finally, I guess, again, with respect to transferring permits, this is kind of a bugaboo of mine. Trustees permits should be recognized equivalent to a CO. It runs with the land and once a permit is, when a permit is issued and closed out, there shouldn't be a need to transfer permits and that has been something that has been you know, the code has said we don't recognize your permit if it hasn't been transferred to your name. I just think that that's a bunch of bureaucracy. If you look at DEC permits, the structure is built, it is there. You don't transfer DEC permits unless the permit is open and it is going to be continued and therefore they want to know that the proper owner is in fact continuing that Amendments to Chapter 275 Wetlands and Shoreline September 25, 2012 24 work under the DEC permit. But once a permit is issued, if you have a CO on your house and you sell your house or you are buying someone else's house, you don't expect to have to go to the building department and have the CO transferred into your name. That's, the CO vests and it runs with the land. Similarly the Trustee's permits should do the same thing. It vests, it is an investment on the property and it should run with the land. So those are my comments and I thank you. I hope you will consider them. COUNCILMAN KRUPSKI: Thank you. Based on your comments, Pat, I have a question for the Trustees. Going back to your original comment about the permitted structure, 275-4 exception 10, I know the original code said existing structures only which and I know the intent there because I was there in 2004, so what is the Trustees intention there with permitted structures? Is it a CO on a house or is it a Trustee permit. COUNCILWOMAN DOHERTY: When we are talking about permitted in this, we are talking about a Trustee permit not a building department permit or a zoning permit or planning, we are talking about a Trustee permit. COUNCILMAN KRUPSKI: Okay. MS. MOORE: Right and isn't that a problem? I mean, I think that you are undermining this whole exception to make it easier for people to replace windows or do siding or a roof or whatever. COUNCILWOMAN DOHERTY: No, if they have a Trustee permit for that structure and they need to replace a window or siding, they don't have to come in and get another permit. That is what we are saying. MS. MOORE: I understand that but when did the Trustees take on jurisdiction of uplands, not, I would think 2004 maybe? COUNCILMAN KRUPSKI: The 70's. MS. MOORE: What? COUNCILMAN KRUPSKI: 1970 sometime. MS. MOORE: No, no, no. Not a house upland. UNIDENTIFIED: 1985. MS. MOORE: 85 was when you had setbacks 100 feet? UNIDENTIFIED: 1985. I think it was 75 feet. COUNCILMAN KRUPSKI: It was 75? Amendments to Chapter 275 Wetlands and Shoreline 25 September 25, 2012 MS. MOORE: Oh, 75 feet. You are right. And 100 feet in 2000 something. So we are not talking about, even say 85, that's not an old house when it comes to you know, Southold standards. Thank you. I mean, obviously it is a no brainer, if you got a Trustee's permit to build the house, then to make improvements to it, fine. But my concern is now everybody and you have got probably 90 percent of the town that is now within their jurisdiction, so you are not going to replace a window or do re-roofing without coming to the Trustees? That makes no sense .... COUNCILWOMAN DOHERTY: That's the way it has been all this time though. That is the way it has always been. MS. MOORE: No, Jill, I am sorry. That is not the way it has been. COUNCILWOMAN DOHERTY: If you are within 100 feet, if you are within the Trustees jurisdiction, you have to come to the Trustees first. MS. MOORE: Not for simple things. This section has been in the books for a while and it allowed for roof repairs and things like that and window replacements. You are actually just adding a few things to that. you are adding solar panels, siding and you are adding second story additions only if the additions are within the existing footprint. So those are the only additions to this code. Before it was you always were allowed to come in and do a roof re-shingling, even popping windows in and out oftentimes don't even require a building permit. So I think that we are kind of undoing what had been permissible in the past. It just doesn't make sense to me. COUNCILMAN KRUPSKI: You know where we are going to go here, I think we should and I am asking Martin here, could we clarify it with a definition. Depending on which way we want... MS. MOORE: Yeah, choose what you are going to do but I guess as a Board you are going to have to decide ..... COUNCILMAN KRUPSKI: Well, you have to clarify it in the definitions. MS. MOORE: Yeah, exactly. COUNCILMAN KRUPSKI: A building permit or a Trustee permit. What does it mean. MS. MOORE: Right. Right. Okay, thank you. SUPERVISOR RUSSELL: Thank you. Who else? Mr. Meinke. HOWARD MEINKE: Relative to Doug's discussion, I just wanted to say and you have heard this, last May I went to that meeting where they talked about water pollution and Amendments to Chapter 275 Wetlands and Shoreline September 25, 2012 26 government officials all the way up to Albany said don't wait until the govemments up west figure out how to fix the problem, do it locally. I would do what Doug has said and say that I would like the Trustees and the Town Board to look at our particular bulkhead situations, our particular high water changes and what can they do about public access? If you wait for the State of New York to do it, none of you will be on the Town Board, I won't be here to complain about it. We should do something ourselves because that was the essence of the meeting, by all those legislators Wednesday, last May, as a practical matter, govemment moves so frigging slowly that if you have something you really want, do it yourselfi And if this is something we want, we should get active and do it. And if it causes some friction with the state, at least that will bring the issue to the top of the pile. The way it is going now, these issues will never get to the top of the pile. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? JENN HARTNAGEL: Good evening, my name is Jenn Hartnagel and I am speaking on behalf of the Group for the East End. I think we would like to make the suggestion that since the town is in the midst of the comprehensive planning process that they consider holding off on adopting these changes until some of these larger issues are addressed within that process and a lot of them are directly linked to the wetland permits and this code and a discussion might benefit from a more comprehensive dialogue and a more engaged public that is going to take place within the natural msoumes chapter and I believe is coming up pretty shortly. Why make changes now and have to potentially reopen the code in the very short futura. If the town chooses to move forward, we would like to state that we are strongly opposed to the changes to the buffer requirements. In fact, we would support strengthening the existing code and place more emphasis on the use and types of buffers the Trustees require. We would also like to welcome further discussion of the proposal that was addressed a few years back introduced by Mark Terry that suggested the sliding scale of buffer width depending on property size. Again, these suggestions are all stemming from the fact that we have water quality issues and they are severe. I know a lot of us sound like a broken record hut the DEC's new list of impaired waterbodies just added several new Southold to the list. We have more shellfish closures, algae blooms and if there is not collective action to try and mitigate this problem, it is only going to get worse. Buffers are scientifically proven methods to reduce pollutants including nitrogen. And they are considered best management practices by several state agencies and federal agencies and the town's own LWRP speaks to the importance of these. I think taking out the minimums and changing the requirements in the code and switching the words using 'may' instead of 'shall' seriously reduces the likelihood of utilizing buffers in a uniform and standardized manner. And when you don't have a minimum, what is the standard? How are the Trustees going to decide when a buffer is necessary, what size it should be, what composition it should be? Again, I think that the proposed changes regarding buffers will help to perpetuate our water quality problems and not solve, and not work to solve it at all. And lastly, over the last year, the Group for the East End has been reviewing the Trustee permits that were issued within the years 2008-2011, that is over 500 applications that we are looking at. And we wanted to assess the use, size and types of buffers the Trustees have required and we were comparing that Amendments to Chapter 275 Wetlands and Shoreline September 25, 2012 27 to what is required in the code, we also have been comparing different municipalities codes and we would like the opportunity to present that to the Board and the Trustees in the next several weeks and we believe the findings of the study will help to inform a more comprehensive discussion of the use and importance of buffers in water quality issues in general. So just to conclude, we favor putting the brakes on adopting these changes until a larger discussion has taken place within the comprehensive plan process. So again, thank you for the opportunity to speak tonight. COUNCILMAN KRUPSKI: Thank you. just to answer that, as far as the timing of this goes, this code was written in 2004 basically on, almost from scratch and experience is a really good teacher. That code has been amended I don't know how many times since then and a lot of the things that are in here are a result of the Trustees, you said 500 applications in just a few years. Absolutely, the Trustees gain so much experience in the field on all of these things. So a lot of these, this code amendment we have been working on for almost two years? COUNCILWOMAN DOHERTY: The Town Board here, but the Trustees since 2006 have been working on these changes. COUNCILMAN KRUPSKI: What is taking you so long? My point is, a lot of these things are helpful for the Trustees, most of them are administerial and not harmful to the environment at all and aren't even being debated, alright? As far as the buffers go, you know, you are right about the importance of buffers and that is why they are still in there and I know the Trustees take that very seriously and they take water quality very seriously. And I don't think if this Board passes this as written or slightly changed, it is not going to compromise the job that the Trustees are doing and it certainly not going to end the discussion of water quality and how we can do a better job, that is for sure. It is not like this is the end of it, we don't want to hear from the public again, that is not the case at all. And don't forget, a lot of this, one thing that was brought up by a previous speaker about a new exemption if you are across the road, a lot, the old code was based on no drainage code and now we have a drainage code in town that addresses all the upland properties not just the ones in the Trustees jurisdiction. And that has been a big help also. MS. HARTNAGEL: We understand that and obviously that is not the purpose of us trying to suggest that you know, there are some larger picture issues here and a lot of them have been brought up and we would just hate to see that, you know, the Town Board's reluctance, a future Board's reluctance to reopen the code to address some of these future issues that are going to be really important to address. COUNCILMAN KRUPSKI: No, because the water quality ties into a lot of these issues that were brought before, shellfishing in particular. MS. HARNAGEL: Thank you. Amendments to Chapter 275 Wetlands and Shoreline 28 September 25, 2012 COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? John? JOHN BETSCH: John Betsch from Southold. From your legal notice I think as we address this code, just take one sentence. The whole purpose of these code changes it says ' to simplify the permit process, codify and clarify existing policies and definitions'. I think that should be the basis of our discussion today. I, like many people, rely for example, just for information on the town wehsite for information. Now Chris mentioned that the legal notice was up on the town website. I went today in preparation for the meeting and I printed out 275 and it has no resemblance of what we are talking about today. It is completely different. It has old definitions, new definitions on the town website. So I am not sure if that creates a problem or not. It has some old things, some new things. Nothing that we are talking about today, so that is one concem. I assume as we go through this and I see the Trustees nodding their heads and things that they were the principals because they are the people who have to implement and you know, deal with this code, so I hope the Trustees were the deciders and the inputters to this code. My concern is really a lot of questions, there are some things in there that are not defined which are going to (inaudible) come into play later on. For example, this one part it talks about fences on the beach and it says that in 275 11 A 4 C says fences on the beach shall be perpendicular to the water line and not closer than 20 feet and it is crossed out to mean high water mark which is defined and now has the apparent high water mark. Now there is no definition anyplace of what the apparent high water mark is. The apparent high water mark could be changing from fall to spring, it can from the moon, it can change from the wind, it can change from the storm. I think we need some clarification of what you mean there, otherwise it's not for that, Bob Ghosio may come down, look at it and say that is the apparent high water mark and (inaudible) may come down have a different definition. We need some codification of what the high water mark is. I see there you had deleted the administrative permit definition of course it appears someplace else but if from a laymans point of view if I am going to look at a cookbook, I look at the definitions and it is not defined there, so I think it should be put back there in the administrative permit area, it doesn't clarify what the process is, how it is approved, what has happened. It just says, it is crossed out, it just says there is a process. So I think we need something there. I don't want to get into the public trust doctrine but I think it is very important to have a clear definition for foreshore, the public trust document always comes into play and there is a very definition of foreshore and I think from a layman's point of view, in many places, many times it is misunderstood and I think it is important to get that in there. There are all kinds of issues between where the mean high water mark is, if we use that for the foreshore, it is the 18 year rolling average according to the state. A lot of people say it is the apparent high water mark. Causes problems all the time. I think that is very important to get it in there. And that is all I really have to say. Just one last thing regarding sea level, there is a lot of discussion about the rising sea level, as much as documentation will be presented about rising sea level I can present just as much documentation saying not happening. So that is a moot point. Thank you. Amendments to Chapter 275 Wetlands and Shoreline 29 September 25, 2012 COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: So you and Pat and Doug will be having this discussion after. SUPERVISOR RUSSELL: I would just say you can have it for a little while but the custodians clock out at 11, so you might want to move it out into the foyer after that. I can't go into overtime on this. The permitted foyer out front. Who else would like to address the Town Board on this? Anybody? Jim? JIM KING: Just a little clarification on bulkheads. A bulkhead is between the water and the land. Inaudible. You are up into a retaining wall, so we have permitted retaining walls if you can show excessive erosion problems, they are really, they are not bulkheads. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? MR. ME1NKE: Yes, very quickly. I would say this to John Betsch's comment. High water says various people walk at different times. The rack line seems logical to me to mean high water. That may change if flood fides bring it higher, waves may bring it lower but don't go with statistical numbers because who knows that when they are on the beach? The rack line tells you where it is and that would be adequate for 95% of the problems, it strikes me. MR. BETSCH: I don't want to get into a debate but there is a legal definition of mean high water and there is people's interpretation of it and it does cause problems. Specifically on the sound, many people with dogs, many people sitting, many people other things and I think it is just because and I will say ignorance not ignorant people but ignorance of what it is, in my area people see our grass line and they oh, that is the end of the property and it is not. And it is not, you know, people paid for that property and have a right to own their property. I have no problems with foreshore but use the correct definition. Thanks. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? COUNCILWOMAN DOHERTY: I just want to say what John Betsch was saying that he hopes that this came from the Trustees and it did, we have been working on this for so long because as we go through the process month by month and we work through this, we have come up with certain things over and over again and we made a list and we said, okay, this has happened not just once not just twice, it happens over and over and that is how we came up with the changes here. So it is something we have worked with and we Amendments to Chapter 275 Wetlands and Shoreline 30 September 25, 2012 have worked with the applicants and hopefully these changes are for the better for the applicant and for the town. This heating was closed at 8:57 PM Southold Town Clerk. ANDREW M. CUOMO STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 CESAR A. PERALES October 31, 2012 Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED NOV - 5 2012 Southold Town Clerk RE: Town of Suffolk, Local Law 12 2012, filed on October 24, 2012 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 VCANV,DOS NY GOV E-MAIL; INFO~DOS.NY.GOV SOUTHOLD MPO SOUTHOLD, New York 119711000 3548330971-0097 10/16/2012 (800)275-8777 03:37:25 PM ~ Sales Receipt ~ Product Sale Unit Final Description ~ty Price Price ALBANY NY 12231 $18.95 Zone-2 Express Mail PO-Add Flat Rate Env 5,90 oz. Label ~:EM390738735US ~ed 10/17/12 12~00PM - Expected Delivery, Money Back Guarantee Signature Requested Paid by account: $18.95 EMCA number: 119294 TOWN OF SDUTHOLD Issue PVI: $0,00 Total: $0.00 Paid by: Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps,com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS, Get your mail when and where you want it with a secure Post Office Box, Sign up for a box online at usps.com/poboxes. Bill~:lOOO30242344B Clerk:77 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER Go to: https://postalexperiemce.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS ~~$~m~mm~mm~m~mm~mm~m~m Customer Copy Customer Copy Label ll-F, April 2004 l lllll Il Il IIII II IIII III III II .............. EM 390736735 US u~n-~r,~r~o~r,~L~,~v,c~® PostOfficeToAddressee ,~ule~ ~e of r'~ Return Receipt [.e Deliv'~ A"empt Time ~AM Empl°yee S'gnatu" Time Accepted ~ AM ~ Noon ~3 *. $J$ Mo. Day ~ PM ~pM Milita~ Total to~e~ TOWN OE .... ': PO BOX l]Tb ~ ,~ SOUTHObD ,', *-;. ;;,Late ~{ecords & ~w Gureau ~9 '2as hihgton ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD EM390736735US October 16, 2012 Express Mail Local Law No. 12 of 2012 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 12 of 2012 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY~ NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. rn County [] City [] Town of SOUTHOLD [3 Village Local Law No. 12 of the year 2012. A Local Law entitled, A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline Be it enacted the Town Board of the: [3 County [3 City [] Town of SOUTHOLD [3 Village 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. A. 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 living aquatic organisms. BAY -- Body of water within the boundaries of the Town of Southold excluding the Long Island Sound, Lakes and those defined under Creeks. BEACH -- The zone of unconsolidated earth that extends landward from the mean low water line to the (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev 05/05) seaward toe of a dune or bluff, or whichever is most seaward. Where no dune or bluffexists 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 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 FLOATING DOCK -- Any structure, raft or floating platform, the intended use of which is to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point. FUNCTIONAL -~ Any structure that has retained its intended purpose and use, as determined by the Board of Trustees. GRO1N -- 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 barrier used to 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 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 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 48 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, 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. 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 structure. OPERATIONS (1) The machine excavation and/or removal of material from wetlands. Any activity in freshwater or tidal wetlands or in any area within Trustee jurisdiction. (2) The placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds; (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or in any area within Trustee jurisdiction; or (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 in any area within Trustee jurisdiction; or (5) Removing or otherwise affecting the growth of plants in wetlands or in any area within Trustee jurisdiction. ORD1NARY AND USUAL MAINTENANCE -- Actions on a wetlands 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. PIER LINE -- The average seaward projection of one or more existing permitted docks, piers, wharves or floats. 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. SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. SWIM PLATFORM - Any structure, rafl or floating platform, that is not intended to be used to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A swim platform includes the platform itself and any pilings or mooring system designed to keep the platform at a fixed point. TOWN WATERS -- All the waters within the boundaries of the Town of Southold lying over patent lands. 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 3 spp.), sea lavender (Limonium spp.), marsh elder (Ira frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. Purpose. It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands, giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition, the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat: protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and finfish habitat; public access to water and land; improvement of groundwater recharge; and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. The provisions of this Chapter are not intended to supercede the requirements of Chapter 236 of the Town Code. 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. 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: 50 feet. § 275-4. Exceptions. A. The provisions of this chapter shall not require a permit for the following: (3) (5) The ordinary and usual operations relative to a bona fide preexisting commercial agriculture horticultural operation landward of the wetland boundary. The ordinary and usual maintenance or repair on a wetlands permitted structure (of the same 4 dimensions) of a functional building, dock, pier, wharf, jetty, groin, dike, dam or other water- control device or structure, (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, wetlands 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. (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. (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 wetlands 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. (h) Cutting of common reed (Phragmites australis) to within 12 inches of the soil surface landward of the wetland boundary. This does not include mowing to ground level. (i) The construction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: (J) Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for administrative review. (k) Minor restoration or alterations of landscaping. 5 (l) Decks. (m) Minor alterations to existing wetlands permitted shoreline structures including stairs, bulkheads and docks. (n) 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. (o) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. (p) 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 may require the addition of a nonturf buffer area 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 C-ter-k 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 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. In addition to the requirements of Chapter 236, non-administrative 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. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, § 275-6A(8), (11), (14) or § 275-1 lA(2) where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the waiver was granted. Notwithstanding the foregoing, a waiver of the requirements of §275-6(A)(14) shall not relieve the applicant of the obligations to comply with the requirements of Chapter 236. § 275-7. Fees. Every non-administrative application for a wetlands permit filed with the 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 $100. For activities or operations that have been previously built without a permit, the fee will be doubled. Ifa pre-application 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 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. Pre-submission conference. Applicants are encouraged to schedule a voluntary pre-submission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and 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 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, the Planning Department, and the Zoning Board. 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, the review by the Conservation Advisory Council shall be deemed waived. Administrative permits. An administrative permit includes operations that are deemed to have no adverse environmental impact, and a public hearing and notice are not required prior to issuance of a permit. § 275-10. Contents of permit. 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 7 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)." 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. A. 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. (b) Temporary or seasonal snow fences, at the Trustees' discretion, may be permitted upon a showing of need for erosion control. (c) Fences on a beach shall be perpendicular to the waterline and not closer than 20 feet to the apparent high water mark. (d) Only one posted sign per 100 linear feet offence is allowed on a split-rail fence. Posted 8 (e) 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, 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, 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) (b) Platforms associated with stairs may not be larger than 32 square feet. 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. (c) (d) (e) (0 (g) (h) (i) Bulkheads on the Sound may be armored with stone. All bulkhead construction and renovation work requires the establishment of a permanent non-turf 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 non-chemically 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. No discharge pipes are allowed out of or over bulkheads unless permitted by the 9 O) (k) (1) In water. (1) (2) (b) 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. 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 landward end of the jetty or groin as necessary, not less than four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. Docks. [6] All docks and floats shall have the street address of the subject premises permanently affixed to the most seaward face for identification. Said numbers address shall be at least three inches high and constructed of metal, wood, plastic or other material such that they can withstand exposure to the elements and am visible from the water. [7] Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. [8] 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. [9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. [I 0] Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. [11 ] 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] 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] 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, 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. 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. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 12 of 20 12 . of the (Caxn.~')(C'i~')(Town) (V'?.~:.g:) of. SOUTHOLD was duly passed by the TOWN BOARD on October 9 ,20 12 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 __, and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the (County)(City)(Town)(Village) of was duly passed by the on 20 ., and was (approvedXnot approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ora (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 12 g. iCity'local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __ became operative. 6. (County local law concerning adoption of Charter.) l hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. (SeaO Clerk of~,llle Count~ legislative boffy. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: October 11~ 2012 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK 1, the undersigned, hereby certify that the foregoing local law contain~xt and that all proper proceedings have been had or taken for the enactment of the local law annexed~ Signature'--..~_~~ Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq.~ Assistant Town Attorney Title Town of SOUTHOLD Date: October 11v 2012 ' ~&~ RESOLUTION 2012-741 ADOPTED DOC ID: 8157 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-741 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 9, 2012: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of August, 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 WHEREAS, the Town Board has considered all comments made at the public hearing and corrected Sections 275-4(A)(5) & (10) and 275-5(B)(2)(d) to clarify the reference to wetlands permitted structures, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the following Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" as amended. LOCAL LAW NO. 12 of 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. ~.~- ~ ..... ~- .....: ....: .... ~.~:~ U le th i p ly tated th foil i gt ........................ eo~ .............. n sso erwseex ress s , e own erms 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~ in e~.ificia! Resolution 2012-741 Board Meeting of October 9, 2012 ............... ~ ....................... ~m. living aquatic organisms. .......... a ..... ~ ........ ~, ~ ........................... ~. Bo of water w~thln ~e bound~ies of the To~ of Southold excluding the Long Isled So~d, Lakes ~d ~ose defined ~der Creeks. BEACH -- The zone of unconsolidated each that extends l~dward from the mean low water line to the seaw~d toe of a dune or bluff, or whichever is most seaw~d. ~ere no dune or bluff exists landward of a beach, the l~dward limit of a beach is 100 feet l~dward from the place where there is a m~ked ch~ge in material or physiographic fo~ oX from the line of pe~enI vegetation, whichever is most seaw~d. Shorelands subject to seasonal or frequent ove~ash or in~dation are considered to be beaches. BOAT~ESSEL -- Any floating object capable of c~ying people as a means of tr~spo~ation in water, including an airpl~e capable of landing on water as well as ~y floating stmct~e not othe~ise considered to be pa~ of a dock structure as defined herein, with or without me~s of propulsion, that can be moored independently or c~ be secured by ~y means to a piling, dock, bulkhead, groin, or other fixed device located above or below me~ high water. This definition excludes floating docks and swim platfo~s. CRITICAL ENVIRONMENTAL A~AS -- All sites ~ designated by the Town of Southold ~d/or Suffolk County .... ~ ....... ~ ................ v ............... as Critical Enviromental Areas wo~hy of protection including but not limited to: Cutchogue H~bor Wetl~ds, Hallock's Bay, D~ Pond, Downs Creek, Orient Creek, West Creek, Ric~ond Creek ~d Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Liale Creek, Mill Creek ~d Pipes Cove Creek. FLOAT -- See Boa~essel FLOAT~G DOCK -- Any structure, tar or floating platfo~, the intended use of which is to sec~e a boat or vessel, which is designed to float upon the surface of a water body ~d is sec~ed in place by poles, pilings, ~chors, or ~y other type of mooring system that provides access to the water. A floating dock includes the float itself ~d ~y pilings or mooring system designed to keep the dock at a fixed point. F~CTIONAL -- Any stmct~e that has ~ retained its intended p~ose ~d use within ................ v ........ ~ .....v .....................at ~zzuc, as dete~ine e Bo~d of Trustees. GRO~ -- A m~-made ba~ier typically pe~endicular to the shoreline used to ch~ge the nat~al littoral drift, prevent ' ~;-*~:- ;-~* ~-* ...... or protect ~ ~ea from wave erosion, .......................... energy. ~ JETTY A m~-made b ' - .... a;~.,~. *~ T~ -- amer ~.p .......................... used to d;i~, m~main beach ~l~vation, prevent ~rosion, ~d maintain inlet entree, s., LOW-PROFILE J~TTIES -- The definition of a low-profile je~y is sit~ specific, but typkaly is a stm~t~ no hi~h~r than 1~ in~h~s t~ 2~ i~ abo~ ~xi~tin~ soil or ~dim~m ~ra& on th~ do~-dri~ si& ~d shall not ~xt~nd s~aw~d of appoint low water. MATERIAL -- Soil, s~d, stone, gravel, clay, bo~, peat, mud, wood or ~y other material, including liquids, orphic or inor~ic. MEAN HIGH WATER (MHW) -- The av~ra~ of all the high water heiahts obse~ed over the most previou~ ~; .............. :~ eighteen ~d a half ~e~ period MEAN LOW WATER (MLW) -- The average of all the low water heights obse~d over the most previou~ ~i~;::~ y:~ ~a;iad eighteen ~d half ~ar period. MOOR~G -- Anchorin~ for greater than ~ 4~ hours other th~ in desianated anchoraae ~eas Updated: 10/t 1/2012 9:16 AM by Lynda Rudder Page 2 Resolution 2012-741 Board Meeting of October 9, 2012 as established by a governmental agency. NONDISTURBANCE BUFFER-- A vegetated area, ~ ~;.;~..~ .......................... ~n ~....:a~ 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 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 structure c~.;l; OPERATIONS (1) The machine excavation and/or removal of material from wetlands,o~ Any ........... ~'~' activity in freshwater or tidal wetlands or in any area within Trustee jurisdiction, ;-~"'a:--._~.~.~..., ~' ........ d to, (-2-) ~r~...~ ~v~o'~a .... ;, ~.~' ~'**"~a:~ ..... ~.c~'~-;~...~..~. (2) the placement, repair or removal of stmct~es, including, but not limited to, boats, floating docks, floats, dock components, duck blinds; or (3) The deposit or disch~ge of material on ~y area that results in the tr~spo~ of said materials into wetl~dsor ........... ~'~ .... :-" in ~y ~ea within Trustee jurisdiction; oj (4) The erection, construction, alteration, repair or enl~gement of~y building, dock, pier, wharf, bul~ead, jetty, groin, or ~y system or other structure, tempor~ or pe~ent, on wetlands, or ~ in ~y mea within Trustee j~isdiction; oj (5) Removing or othe~ise affecting the gro~h ofpl~ts in wetl~ds or other:Ago in ~y mea within Trustee j~isdiction. ORDINARY AND USUAL MAINTENANCE -- Actions on a wetlands 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. PIER LINE -- The average seaward projection of one or more existing permitted docks, piers, 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 o waters .... SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. SWIM PLATFORM - Any structure, raft or floating platform, that is not intended to be used to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides Updated: 10/11/2012 9:16 AM by Lynda Rudder Page 3 Resolution 2012-741 Board Meeting of October 9, 2012 access to the water. A swim platform includes the platform itself and any pilings or mooring system designed to keep the platform at a fixed point. TOWN WATERS -- All the waters within the boundaries of the Town of Southold lying over patent lands. ~ ................ ) 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 (Salicomia spp.), sea lavender (Limonium spp.), marsh elder (Iva frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. Purpose. It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands, giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition, the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat: protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and finfish habitat; public access to water and land; improvement of groundwater recharge; and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. The provisions of this Chapter are not intended to supercede the requirements of Chapter 236 of the Town Code. 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; Updated: 10/11/2012 9:16 AM by Lynda Rudder Page 4 · Resolution 2012-741 (4) Land subject to tidal action; (5) Land within 100 feet of the areas listed above; (6) All Town waters. D. Setbacks. (1) Board Meeting of October 9, 2012 The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) Bt,affA/-~. Top of bluff. [4] Swimming pool and related structures: !00 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 o.__rr ~horticultural operation landward of the wetland boundary. (5) The ordinary and usual maintenance or repair on a wetlands 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 ':,'hick ............... and (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. '.;':.thin (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, wetlands permitted structure, dz,"rncrs and (11) The relocation of an existing septic system from within Trustee jurisdiction to outside Trustee iurisdiction. (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. 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 Updated: 10/11/2012 9:16 AM by Lynda Rudder Page 5 Resolution 2012-741 (2) Board Meeting of October 9, 2012 permits from other jurisdictions, including, but not limited to, New York State Department of Environmental Conservation and United States Army Corp of The following operations will be considered for administrative review, in accordance with the standards set forth in §275-11: (d) Remodeling or renovation or ro=c.::r.~ctim: of a wetlands permitted structure, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. ~ ................. , ......... , ........... , .ut- ........uFgrad:ng .......... 00(e) 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. (49(_h)Cutting of common reed (Phragmites australis) to within 12 inches of the soil surface landward of the wetland boundary. This does not include mowing to ground level. tc~)(i)The construction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: (k).(j.l Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for administrative review. (4)(k) Minor restoration or alterations of landscaping. ¢,a)(l) Decks· (sO(m) Minor alterations to existing wetlands permitted shoreline structures including stairs, bulkheads and docks. appr,,v ...... r t~o)(n~ 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-)(o) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. (p) 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 c~,~q44~o~/~ as defined in §275-2. Updated: 10/11/2012 9:16 AM by Lynda Rudder Page 6 Resolution 2012-741 § 275-6. Application. Board Meeting of October 9, 2012 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 mae-ye~ 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) D ainageupg ade A**~.~; .... *:^~ ^c*~E~ard I additio tothe equi r r ......................... , n n r rements of Chapter 236, 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. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, § 275-6A(8), (11), (14) or § 275-1 lA(2) where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the waiver was granted. Notwithstanding the foregoing, a waiver of the requirements of §275- 6(A)(14) shall not relieve the applicant of the obligations to comply with the requirements of Chapter 236. § 275-7. Fees. Every non-administrative application for a Tva:tee: wetlands permit filed with the 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 :h~cturc: activities or operations 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~ruat-m ~-~ v.*, ~ .............................................. to be set by the Town Board. Updated: 10/11/2012 9:16 AM by Lynda Rudder Page 7 Resolution 2012-741 Board Meeting of October 9, 2012 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 C4ed~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, ;vhcn appropriate, one-c-opy4o the Planning Department and one-c-opy-to the Zoning Board and ~ cc?3' *~ ~ m~,4 ,,,au ,u~ ~cc,~ cftSc Tmstccz. 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, lfno espo i i d ithi 20 days ,u .... ~;~,;~ :~ _~, ~..~:~, ,~ r..~u~, r- ....... ,;^~ r nsc sreceve w n , ..... t-~, ................. w ........................... ^,~,,; ..... ,-- ..... a .... ; .... the review by the Conservation Advisory Cotmcil shall be deemed waived. Administrative permits. An administrative permit includes operations that are deemed to have no adverse environmental impact, and a public hearing and notice are not required prior to issuance of a permit TU~ c._~ ,~;o: ..... ;. k~ ~a .......... ]11~" § 275-10. Contents of permit. D.C~ The conditions imposed by the Trustees on the issuance of the permit. EwD~. 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. 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 Updated: 10/11/2012 9:16 AM by Lynda Rudder Page 8 Resolution 2012-741 Board Meeting of October 9, 2012 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. ~.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). 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." ~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)." 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 hc, m:: 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. (b) Temporary or seasonal snow fences, at the Trustees' discretion, may be permitted upon a showing of need for erosion control. Such (c) Fences on a beach shall be perpendicular to the waterline and not closer than 40 213 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 Updated: 10/11/2012 9:16 AM by Lynda Rudder Page 9 Resolution 2012-741 Board Meeting of October 9, 2012 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, Gode ~ 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,Gode ~ 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. (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. (c) Bulkheads on the Sound ,muzt may be armored with stone. (d) All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by §275-2. (e) Retaining walls are not permitted unless excessive erosion can be demonstrated. (f) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber 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 Updated: 10/11/2012 9:16 AM by Lynda Rudder Page 10 Resolution 2012-741 Board Meeting of October 9, 2012 or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. (g) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (h) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead. (c~)(i)No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. (k)(i) 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. ln water. (1) Jetties (g) (2) Docks. [6] [7] [8] [91 and groins; general roles. All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, ~ *~ .... '~-~ ........ r .... on the landward end of the jetty or groin as necessary, not less than f~,~four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. All docks and floats shall have the street address of the subject premises ......... * ..... * ........ permanently affixed to the most seaward face for identification. Said mm~e~s address shall be at least three inches high and constructed of metal, wood, plastic or other material such that they can withstand exposure to the elements and are visible from the water. 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, ~^* '~ ............................... , to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. Updated: 10/11/2012 9:16 AM by Lynda Rudder Page 11 Resolution 2012-741 [10] Board Meeting of October 9, 2012 Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. [11 ] 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] 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] 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 51~n& 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 (b) wetlands at any time. § 275-14. Transferability. A valid , · : ..... ,~ ......... · ~.~.~+~ 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 ~" ~* ~ * .... r~..~ ..... :__~ ............. v ..... vt, .............................. 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 AS AMENDED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Krupski Jr., Evans, Russell ABSENT: Jill Doherty Updated: 10/11/2012 9:16 AM by Lynda Rudder Page 12 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 CONSISTENT WITH OTHER PROVISIONS OF THE CODE AND IN PARTICULAR THE NEWLY ADOPTED CHAPTER 236 REGULATIONS AND THE COASTAL EROSION HAZARD LAW. THE PROPOSED LAW ALSO INCORPORATES REVISIONS MADE IN CONSIDERATION OF COMMENTS MADE AT THE PUBLIC HEARING ON THE EARLIER VERSION OF THIS LOCAL LAW WHICH WAS HELD ON JUNE 5TM. SPECIFICALLY, SECTION 275-2 AMENDS AND/OR RESTATES VARIOUS DEFINITIONS INCLUDING DEFINITIONS FOR AQUACULTURE, BAY, FLOATING DOCK, JETTY, MOORING, NONTURF BUFFER, OPERATIONS, SEASONAL STRUCTURES AND TOWN WATERS. SECTION 275-3 IS AMENDED TO CLARIFY THE TRUSTEES' JURISDICTION OVER ALL TOWN WATERS AND TO CONFIRM THAT CHAPTER 275 IS NOT INTENDED TO SUPERCEDE THE REQUIREMENTS OF CHAPTER 236. 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 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 BOUNDARY. 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. RECEIVED 8EP 2 § 2012 September 13, 2012 outhoi4 Town Cled, Supervisor Scott Russell & Members of the Town Board Southold Town P.O. Box 1179 Southold, NY 11971 Re: Proposed Changes to Chapter 275 Wetlands and Shoreline Dear Supervisor Russell & Members of the Town Board, On behalf of Group for the East End, please accept the following comments and recommendations relating to the proposed changes to Chapter 275, Wetlands and Shoreline. We respectfully request that the Town Board table the proposed amendments until after theses issues are vetted within the Comprehensive Plan process. If the Town Board chooses to move forward, please consider the following comments. One of our primary concerns relates to the proposed changes to eliminate standards for buffer requirements. Given the region's looming and consistent water quality degradation issues, we believe the proposed changes will help to perpetuate this problem, not work to improve it. We urge the Town Board NOTto adopt changes to Section 275.2 A. (definition of nondisturbance buffer) and Section 275-5 B. 3. (amending requirements for nonturf buffers). The Importance of Buffers Buffers are a demonstrable method of surface water quality protection. The U. $. Environmental Protection Agency considers nitrogen to be one of the top stressors in aquatic ecosystems. At the same time, it acknowledges that buffers are an effective means of reducing nutrient stressors such as nitrogen from entering into these systems.~ Buffers also effectively filter bacterial pollutants, control sediment, act as erosion control, and if protected or designed properly can provide essential habitat for native plant and animal species. ~ Canfield, Timothy J., Mayer, Paul M. McCutchen, Marshall D. Reynolds, Steven K. Ir., "Riparian Buffer Width, Vegetative Cover, and Nitrogen Removal Effectiveness: A Review of Current Science and Regulations" United States I~nvironmental Protection Agency, Office of Research and Development, National Risk Management Research Laboratory, Ada, Oklahoma, 2005. Buffers are considered by many states and federal agencies to be a best management practice. The Town of Southold's adopted Local Wate~ront Revitalization Plan also speaks to the value of buffers and strongly recommends protecting and creating buffers for water quality protection measures. Recommendations Regarding Buffers Within the Proposed Law Maintain Minimum Nondisturbance Buffer Widths (Section 275-2) Removing a minimum standard significantly reduces the likelihood of achieving consistent buffer widths. How will the Trustees decide what width is appropriate from one application to another? Without a codified minimum there is no standard. Numerous studies have concluded that vegetated buffers greater than 30 feet are most effective at reducing pollutants, therefore, reducing the width of a nondisturbance buffer may reduce the purpose and functionality.2 it is also important to note that, several neighboring East End towns have substantially stronger buffer requirements within their codes, which require minimums of 50, 75 or 100+ feet depending on the action. Maintain Requirements for Nonturf Buffers (Section 275-5 B. 3) Replacing the word "shall" with "may" will likely reduce the number of buffers the Trustees require. Removing the 20-foot minimum standard will also likely result in smaller buffers, which again may reduce the functionality and purpose of a buffer. Recommendations Relating to Comprehensive Planning Process Prior to adopting new standards, a dialogue should take place within the Comprehensive Plan process that would consider the proposed amendments and others in the context of the Town's future vision of its management of surface water resources. This discussion is especially important given the state of surface water quality and the need to address this issue. We envision the following topics to be a necessary part of the well-rounded dialogue. Assessment The Town of Southold should consider neighboring Town's practices and guidelines relating to buffers in order to help develop a well-rounded wetlands code that provides necessary and adequate standards for water quality protection. 2 Environmental Law Institute, "Planner's Guide to Wetland Buffers for Local Governments," Washington D.C., 2008. Reconsideration of Previous Proposals (Sliding Scale) to Standardize Requirements In order to ensure consistency of the size and width of buffers, there should be serious reconsideration of the previous proposal (memo dated June 6, 2009, prepared by Senior Planner Mark Terry) detailing a sliding scale of buffer requirements dependent on property size. Discussion of Types of Buffers (NonOisturbance Buffers vs. Nonturf Buffers) Required The existing Town Code favors the use of nonturf buffers over nondisturbance buffers. If water quality protection is the purpose and function of the Town Code's buffer requirements, an examination of the effectiveness of nonturf buffers should be considered. The Town should consider drafting a set of design guidelines for buffer composition that would be appropriate for the sizes of buffers that are required; for example, species composition, inclusion of nonturf materials, layout etcetera. Develop a Species List Available to Applicants and Consultants The Town should consider developing a list of appropriate native plant species that would be acceptable for use within a nondisturbance buffer and provide an easily accessible handout for applicants and consultants to review and incorporate within their projects. This would help to provide useful information upfront before plans have been drafted. Conclusion It is our position that the Town Board should table the proposed changes to the code until after there has been an inclusive dialogue within the Comprehensive Plan process. If the Town Board opts not to postpone the proposal, we urge the Town Board NOT to relax the requirements related to buffers. Thank you for reviewing our comments and recommendations. Please let me know if you have any comments or questions. I can be reached at (63:[) 765-6450 ext. 213. or at jhart nagel@ eastendenv!ron menLorg. Sincerely, x ·enn Hartnagel Environmental Advocate Russell, Scott RF¢'FIYFrl From: Lillian Ball [ballstudio@thing.net] Sent: Tuesday, September 25, 2012 8:59 AM To: Russell, Scott SEP 2 5 20]2 Cc: Neville, Elizabeth Subject: Town board 275 mtg ~outhold Town Clerl~ Dear Supervisor Russell And Town Board, I am unavoidably out of town for tonight's discussion. But I would like to reaffirm the importance of previous comments made by many in the Southold environmental community. NO setbacks or buffer zones (for houses, pools etc) should be reduced. We need every inch to protect our already imperiled water bodies. Southold's future health and economic well being depends on it. Sincerely, Lillian Ball Lillian Ball 631-765-3495 www. WATERWASH.org Sent from iPhone SEP. 21.2012 9:00AM N0,029 P, 2 O~'~ICE LOCATION: Town I-Ial] Annex (cot. Main R~I_ F~ ~oungs Ave.) Southold, NY 11971 MAILING ADD~: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REIrlTAL~V.&TION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: MarkTer~, Principal Planner LWRP Coordinator TO~N &TTORNE'"y~ OFFICE TOWN OF $OUTP~3LO Date: September 20, 2012 Re: A Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP Poliay Standards and therefore is CONSISTENT with the LWRP. This recommendation is made with consideration that actions located within the Coastal 'Erosion Hazard Area will be reviewed and compliant with Chapter 111 Coastal Erosion Hazard Area of the Southold Town Code. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney RECEIVED $i!P 2 i :? Southold Town Clerk ~F, 21,2012- 59AM PLANNING BOARD OFFICE TOWN OF SOUTHOLD N0,029 P, 1 MAILING ADDRESS: P-O- Box 1179 Southold, NY 11971 OFFICE LOCATION: Town I-I~l Annex 5~375 Sta~e Route 25 (cot. M~i~ l~d. & Youn~s Ave.) Southold, NY Telel~hOne: 6S! Fax; 6S1 765-3136 MEMORANDUM To: Elizabeth A. Neville, Town Clerk From: Donald Wilcenski, Chairman, Planning Board Date: September 20, 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, Scott Russell, Supervisor Members of the Town Board T~WN O~ $OUTHOLD RECEIVED Sou~ho{d Town ¢{erk Steven Bellone S[IFFOI,K ( OUNI'¥ EXECUTIVE Department of Economic Development and Planning Joanne Minieri Depnty County Executive and Commissioner RECEIVED 8EP 11 20R Southold Town Clerk Division of Planning and Environment September 4, 2012 Town of Southold P.O. Box 1179 Southold, New York 11935 Att: Elizabeth A Neville, Clerk Applicant: Zoning Action: Mun. File No.: Public Hearing Date: S.C.P.D. File No.: Town of Southold Amendment: Chapter 275 "Wetlands and Shoreline" Resolution No. 2012-669 9/25/I2 SD- 12-LD Dear Ms Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, APF:mc Sarah Lansdale H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6100 · HAUPPAUGE, NY 11788-0099 · (631) 853~519t #10850 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 6th 13th day of September, 2012. / ~ CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Sworn to before me this Principal Clerk LEGAL NOTICE NOTICE of PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of $outhold, Suffolk County, New York. on the 28th day of August 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275. Wetlands and Shoreline" and NOTICE IS HEREBY FURTHER GIVEN that thc Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at $outhold Town Hall, 53095 Main Road, $outhold. New York, on thc 25th day of September at 7:32 p.m. at which fimc ail interested persons will be given an op- portunity to be heard. The proposed Local Law entitled, "A ~ ~ Law in relation to Amendments I I ~=, 275, Wetlands and Shoi~eline- ~'~ntains 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 pro- ceos, codify and clarify existing policies and conform certain regulations to be consistent with other provisions of the Code and in particular the newly adopted Chapter 2_36 Regulations and the Coastal Erosion Hazard Law. 'Uae proposed law also incorporates revisions made in con sideration of comments made at the pub- lic hearing on the earlier version of this local law which was held June 5, 2012. Specifically, Section 275-2 amends and/or restates various definitions in- eluding definitions for aquaculture, bay, floating dock, jetty, mooring, nonturf buffer, operations, seasonal structures and town waters. Section 275-3 is amended to clarify the Trustees' jurisdiction over all town waters and to confirm that chapter 275 is not intended to supersede the require- ments of Chapter 236. 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, de- molition, 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. Sections 275-6, 275-7 and 275-8 are housekeeping amendments to clef/fy the application requirements, impose a streamlined fee schedule and make the Qualified In Suffolk County My Commission Expires February 25, 2016 review process consistent with the drain- age code. Section 275-11 is amended to clarify standards for all construction and op- erations within the Trustees' jurisdiction and to modify the rules for installation of fences for erosion control purposes and platfonns on or near bluffs, Section 275-14 is amended to allow for transfer of permits to another ap plicant upon a showing to the Trustees that the structure in its current state con- forms 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, 53fi75 Route 25, Southold, during regular business hours or you may access it on the Town's website: southoldtown. northfork.net Dated: August 28, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 2012. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being dulyswom, says that on the ~,9~t' dayof ~f ,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: Chapter 275 PH 9/25/12 Sworn before me this ' Notary~bl~c - BORRI£ J. BOROSKI Nota~ Public, State Ot New Y0~ N0.01D06095328 Suff01k ~.g0uet~ Term Expires July 7, 20 i ~,. Linda J.~ooper Deputy Town Clerk Page I of l Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Thursday, September 06, 2012 9:09 AM To: Cooper, Linda Subject: RE: 9-25-2012 PH Legal Notice Hi Linda, I have received the notice and we are good to go for the 9/13 issue. Thanks and have a great day! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Wednesday, September 05, 20:[2 3'.22 PM To: tr-legals Subject: 9-25-2012 PH Legal Notice Hi, Attached hereto is a legal notice of Public Hearing for the September 13, 2012 edition of the Suffolk Times. Please confirm receipt. Thank you. Icoop 9/6/2012 SUMMARY OF PROPOSED AMENDMENTS TO CHAPTER 275 - WETLANDS CODE PROVISIONS CHAPTER 236 THE CONSIDERATI~ DOSED LOCAL LAW THAT IS BEING NOTICED FOR PUBLIC CHAPTER 275 OF THE TOWN CODE, ENTITLED AND SHORELINE", THE PURPOSE OF WHICH IS TO SIMPLIFY CODIFY AND CLARIFY EXISITNG POLICIES AND REGULATIONS TO BE CONSISITENT WITH OTHER THE CODE AND IN PARTICULAR THE NEWLY ADOPTED iGULATIONS AND THE COASTAL EROSION HAZARD LAW. INCORPORATES REVISIONS MADE IN F COMMENTS MADE AT THE PUBLIC HEARING ON THE )F THIS LOCAL LAW WHICH WAS HELD ON JUNE 5TM. SPECIFICALLY, FLOATING DOCK SEASONAL STR[ AND/OR RESTATES VARIOUS FOR AQUACULTURE, BAY, NONTURF BUFFER, OPERATIONS, TOWN WATERS. SECTION 275-3 IS AMENDI OVER ALL TOWN ITENDENDED TO SUPEI TO CLARIFY THE TRUSTEES JURISDICTION D TO CONFIRM THAT CHAPTER 275 IS NOT REQUIREMENTS OF CHAPTER 236. SECTION 275-4 I,~ REQUIREMENT OF/ AGRICULTURAL OI PERMITTED STRL EXISITING FUEL SECOND SYSTEMS CIR( ;LARIFY CERTAIN EXCEPTIONS TO THE ERMIT INCLUDING BONA FIDE iL OPERATIONS, MAINTENANCE OF ION, REMOVAL OR REPAIR OF OF SOLAR PANELS, SIDING, AND ION OF CERTAIN SEPTIC FLAGPOLES UNDER CERTAIN SECTI( ADN IS AMENDED TO REMOVE CERTAIN ACTIONS FROM THE PERMIT PROCESS AND ADD OTHERS INCLUDING THE :)EER FENCING 25 FEET LANDWARD OF THE WETLAND 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 28th day of August 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 25th day of September at 7:32 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 Chapter 236 Regulations and the Coastal Erosion Hazard Law. The proposed law also incorporates revisions made in consideration of comments made at the public hearing on the earlier version of this local law which was held June 5, 2012. Specifically, Section 275-2 amends and/or restates various definitions including definitions for aquaculture, bay, floating dock, jetty, mooring, nonturf buffer, operations, seasonal structures and town waters. Section 275-3 is amended to clarify the Trustees' jurisdiction over all town waters and to confirm that chapter 275 is not intended to supersede the requirements of Chapter 236. 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. 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. 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: southoldtown.northfork.net Dated: August 28, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON September 13, 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 Town Clerk's Bulletin Board Town Attorney Page 1 of I Cooper, Linda From: Reisenberg, Lloyd Sent: Wednesday, September 05, 2012 12:09 PM To: Cooper, Linda Subject: RE: Chapter 275 Amendments- PH 9/25/12 Posted on the new site. Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York Email: IIoyd. reisenber,q~,town.southold, ny. us Office: 631-765-1891 Cell: 631-879-1554 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. From: Cooper, tinda Sent: Tuesday, September 04, 2012 4:25 PM To: Reisenberg, Lloyd Subject: Chapter 275 Amendments - PH 9/25/12 When you get a chance, please post on the website. Thank you. Icoop 9/5/2012 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 August 29, 2012 Re: Resolution Numbers 2012 - 669 & 670 "A Local Law in relation to Amendments to Chapter 275, "Wetlands and Shoreline" of the Code of the Town of Southold Andrew P. Freeling, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling, The Southold Town Board at their regular meeting held on August 28, 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 7:32 P.M., Tuesday, September 25, 2012. Please do not hesitate to contact me, ifyou 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, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 29, 2012 Re: Resolution Numbers 2012- 669 & 670 "A Local Law in Relation to Amendments to Chapter 275, "Wetlands and Shoreline" of the Town of Southold. Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Wilcenski: The Southold Town Board at their regular meeting held on August 28, 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 7:32 PM, Tuesday, September 25, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold Town Clerk Enclosure cc: Town Board Town Attorney RESOLUTION 2012-669 ADOPTED DOC ID: 8097 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-669 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of August, 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 25th day of September, 2012 at 7:32 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. ......................... bo e, .............. 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 2012-669 Board Meeting of August 28, 2012 AQUACULTURE -- The raising or culUvatlon of ....... ~ ~v .......................... al ................ ~ .......... , ............. m. living aquatic organisms. .......... ~,~,.-~ ........ ~ ........................... Bo of waterw nthe boundaries of the Town of Southold excluding the Long Island Sound, Lakes 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 ' --~-':~"-~ ..... ;-~+~ ' s~tes v ........ ~ ............. designated by the Town of Southold and/or Suffolk County .... e. ...... ~ ~.~ New ~ ...... v ................ 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 FLOATiNG DOCK -- Any structure, raft or floating platform, the intended use of which is to secure a boat or vessel, which is designed to float upon the surface ora water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point. FUNCTIONAL -- Any structure that has ess~ retained its intended purpose and use ',;'?~:m a.~ '~ ~^.,~ ...... ~:-~ *~' ...... *; .......*:":*:~ ~*: ..... d ' d by th f ................ v ........ ~ .....v ............................ , as ete~ne e Bo~d o 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 bamer v,.w ...................... i_~ used to -~' ....,~.~ .~+,,.~11;++~..1 ~:a maintain beach elevation, prevent erosion, and maintain inlet entrances.~ Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 2 Resolution 2012-669 Board Meeting of August 28, 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 ?. 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 · :~ eighteen and a half year period. most previous n ......... · ....... :^~ MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previous-ai~ eighteen and half year period. MOORING -- Anchoring for greater than ~24 48 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a minimum e, f29 feet wide 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 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: natural 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 (1) The machine excavation and/or removal of material from wetlands, o~ Any othem4se activity in freshwater or tidal wetlands or in an,/area within Trustee jurisdiction, including, but not limited to, (-2-) Tke deFc~sk er disekc.-ge `ef marcia! (2) the placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds; or on wetlands ,er other'ocise within Truste. e jta-isdicti`en. (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or other;,'isc in any area within Trustee jurisdiction; or (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 `et5crwi:a in any area within Trustee jurisdiction; or (5) Removing or otherwise affecting the growth of plants in wetlands or `etScr:,'i~c in any area within Trustee jurisdiction. Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 3 Resolution 2012-669 Board Meeting of August 28, 2012 ORDINARY AND USUAL MAINTENANCE -- Actions on a wetlands 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. ~ PIER LINE -- The average seaward projection of one or more existing permitted docks, piers, 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, r, ..... 1., ;~o*~ll~A ~11~ 1~ ........ 1~*~1 .......... A *1~ .... 1~, .... SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. SWIM PLATFORM - Any structure, raft or floating platform, that is not intended to be used to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A swim platform includes the platform itself and any pilings or mooring system designed to keep the platform at a fixed point. TOWN WATERS -- All the waters within the boundaries of the Town of Southold lying over patent lands. ($cc ~c..;,;~. ~ 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 alterniflora), 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. Purpose. It is the intention ofthis chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands, giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 4 Resolution 2012-669 Board Meeting of August 28, 2012 proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition, the following resoume area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat: protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and finfish habitat; public access to water and land; improvement of groundwater recharge; and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. The provisions of this Chapter are not intended to supercede the requirements of Chapter 236 of the Town Code. 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) ....... ne. Top ofbtuff. [4] Swimming pool and related structures: !00 50 feet. § 275-4. Exceptions. Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 5 Resolution 2012-669 Board Meeting of August 28, 2012 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 ~l~ or .......... are 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 c ..... structure, (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. ';,".thin (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. ~ ....... a ~;,~; .... (11) The relocation of an existing septic system from within Trustee jurisdiction to outside Trustee iurisdiction. (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)(14) Notwithstanding the above listed exceptions, operations within a designated . nondisturbance buffer are prohibited. § 275-5 Permit procedures. B. Administrative permit. 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 Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 6 Resolution 2012-669 Board Meeting of August 28, 2012 .................................. v ...... , ...... re ......... will 5: (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. ¢)(h) Cutting of common reed (Phragmites australis) to within 12 inches of the soil surface landward of the wetland boundary. This does not include mowing to ground level. 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. (-l)(k) Minor restoration or alterations of landscaping. 6m)(1) Decks. 0~)(m) 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. Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 7 Resolution 2012-669 Board Meeting of August 28, 2012 An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. 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 nontuff buffer area .net to ~x~ee~24~,~d~ 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 C4e~ 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 mom than ~ 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 ,t..L..~ ,~ ................ ~,.~ , In addition to the requirements of Chapter 236, 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. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, § 275-6A(8), (11), (14) or § 275-1 lA(2) where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the waiver Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 8 Resolution 2012-669 Board Meeting of August 28, 2012 was granted. Notwithstanding the foregoing, a waiver of the requirements of §275- 6(A)(14) shall not relieve the applicant of the obligations to comply with the requirements of Chapter 236. § 275-7. Fees. Every non-administrative application for a Tn:gtees 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 st:",:cturcs activities or operations 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 ..... ' to e~ .......... 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. There will be a fee of $50 for this conference which mag 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 subiect of the site visit. Investigation and coordination. Upon receipt of the application, the Gterk-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, ':,'hen apprcpr;~atc, one-c-opy-to the Planning Department and one-c-opy4o the Zoning Board ~'~ ........ +^ ~,~ c,,~ ...:~u +u~ ^cc.~ ogthe-Tq, ustees. 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,, .... re .................. a ........................... n ,~,,: .... r, ..... ;~ review, the review by the Conservation Advisory Council shall be deemed waived. Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 9 Resolution 2012-669 Board Meeting of August 28, 2012 H. Administrative permits. An administrative permit includes operations that are deemed to have no adverse environmental impact, and a public hearing and notice are not required prior to issuance of a permit n-u~ § 275-10. Contents of permit. B.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)." 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." Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 10 Resolution 2012-669 Board Meeting of August 28, 2012 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 proiection of homes in the general vicinity and homes 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, at the Trustees' discretion, may be permitted upon a showing of need for erosion control. Such (c) Fences on a beach shall be perpendicular to the waterline and not closer than -14 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 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, Cc~c Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 11 Resolution 2012-669 Board Meeting of August 28, 2012 E':fc~rcc,'nznt ©ffizer 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 Enfomement,Ccde ~'*v$ta~v~4~7~ 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. (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. (c) Bulkheads on the Sound ..must may be armored with stone. (d) All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by §275-2. (e) Retaining walls are not permitted unless excessive erosion can be demonstrated. (f) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber 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 Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 12 Resolution 2012-669 Board Meeting of August 28, 2012 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) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (h) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead. (3)0) 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 thc upland on the landward end of the jetty or groin as necessary, not less than gve-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] All docks and floats shall have the street address of the subject premises ~'v},L,,v ..... v ................ permanently affixed to the most seaward face for identification. Said mm~bers address shall be at least three inches high Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 13 Resolution 2012-669 Board Meeting of August 28, 2012 and constructed of metal, wood, plastic or other material such that they can withstand exposure to the elements and are visible from the water. [7] Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. [8] 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. [91 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, ~* ............................... , to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. [10] Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. [11] 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] 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] 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 a"o~- components, ~ ...........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 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 Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 14 Resolution 2012-669 Board Meeting of August 28, 2012 conforms to the terms and conditions of the permit as tssued ........... ' .... c~_~ . ............. v ..... vv ..................... Trustees. 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: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 15 RESOLUTION 2012-670 ADOPTED DOC ID: 8099 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-670 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shorelines" to the Suffolk County Planninv Commission and the Southold Town Planning Board for their review and recommendation. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of August, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 25th day of September, 2012 at 7:32 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 s .............. Unless otherwise express 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 mt~4,~p~l~fl~gf~h in ,xificia! ~,~: .........,~ ; ...... cc *.^**~ living aquatic organisms. water within the boundaries of the Town of Southold excluding the Long Island Sound, Lakes 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 t~*~h~45'q*~m~tt~ designated by the Town of Southold and/or Suffolk County d~ignatcd ~...~ ,~.~,,~ x~...~ ~ ,, v~,~. '~.,~ '-~v'-'-,,~-~n~"*~ of~gt, ate 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 FLOATING DOCK -- Any structure, raft or floating platform, the intended use of which is to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point. FUNCTIONAL -- Any structure that has essen6a~ retained its intended purpose and use ........................ ~ ........ ~ ..... ~ ............................, 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, ~:-'":~ :-~ .......... ........................... oo, or protect an area from wave energy, e~ ,,:~,.,a,~,,., ." -- man-made barrier ~,~.~, .......................... used to ..... ~ ............ !;.ttcra! dr;.~, 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 te ?. :.nekez 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-a~ eighteen and a half year period. MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previousq~-5~p~ie~ eighteen and half year period. MOOR1NG -- Anchoring for greater than 24 48 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a minimum cf 30 feet w:.d¢ 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 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 ....... native vegetation, wood chips, mulch, gravel, soil is allowed. Examples include: ~*"~ ' 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 ~+;n .......... · k ..... ~ ...;,k;~ ,~. .... ,-~ck..rr ...... OPERATIONS (1) The machine excavation and/or removal of material from wetlands, e~ Any othem4se activity in freshwater or tidal wetlands or in any area within Trustee jurisdiction, including, but not limited to, (-2-) ~r~.~· ..~ ~v--~-. ~ .... a ..~^~ ---~--.-- ~' ..... ,.~r .....~..~.~+~-:~ (2) the placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds; or (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or ehhem4se in any area within Trustee jurisdiction; o_~r (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 othem4~ in any area within Trustee jurisdiction; or (5) Removing or otherwise affecting the growth of plants in wetlands or ~ in any area within Trustee jurisdiction. ORDiNARY AND USUAL MAiNTENANCE -- Actions on a wetlands 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. ~ PIER LINE -- The average seaward projection of one or more existing permitted docks, ers, wharves or floats .......... ~ ........ v.w ................... ~ ...... ~ .... SEASONAL STRUCTURES--- Structures that may not be installed prior to April 1 of each calendar year and must be removed by December I 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 surroun n waters .... r~--J .......... , ................ v ..... J ............ SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. SWIM PLATFORM Any structure, raft or floating platform, that is not intended to be used to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A swim platform includes the platform itself and any pilings or mooring system designed to keep the platform at a fixed point. TOWN WATERS -- All the waters within the boundaries of the Town of Southold lying over patent lands. 6%e-defii~tiom) 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 (Salicomia spp.), sea lavender (Limoneum spp.), marsh elder (Iva frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. Purpose. It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands, giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition, the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat: protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and finfish habitat; public access to water and land; improvement of groundwater recharge; and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. The provisions of this Chapter are not intended to supercede the requirements of Chapter 236 of the Town Code. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. Any freshwater wetland, tidal wetland, beach, bluff, dune, fiat, 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. O) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) Btuff4iv,~. 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 ~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 n .......................................... 6, (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, dovmeu~ (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 )(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 (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 ................ 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. (-O(h) Cutting of common reed (Phragmites australis) to within 12 inches of the soil surface landward of the wetland boundary. This does not include mowing to ground level. 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. (n)(m) 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)(o) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. 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 ora 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 CAede 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 maeffe~ 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. ,**,, ~.~ .........~...... ~; ..... ;^~ ,~,^c*~'~,.,~ Eoard, In addition to the requirements of Chapter 236, 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. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, § 275-6A(8), (11), (14) or § 275-1 lA(2) where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the waiver was granted. Notwithstanding the foregoing, a waiver of the requirements of §275-6(A)(14) shall not relieve the applicant of the obligations to comply with the requirements of Chapter 236. § 275-7. Fees. Every non-administrative application for a Tn:gtccz wetlands permit filed with the~Aeqg 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 stmc4ures activities or operations 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 equal to $2 per square lc, or for reg~er~;~a! an~ commercial ~ock: 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, ~, one ~.-w ..... '~.. the Planning Department, and o~3opsqo the Zoning Board, ~...~ ~,-vJ ........................................ e onserva n v 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 w~th~n ays ...... vv ................. w r,~..o~. ......... ,~.~:^-, ~., a',':~o~; ..... Counc~! review, the review by the Conservation Advisory Council shall be deemed waived. Administrative permits. An administrative permit includes operations that are deemed to have no adverse environmental impact, and a public hearing and notice are not required prior to issuance of a permit q-u~ c.~, a~:~: ..... ;, ~,~ ~_~ § 275-10. Contents of permit. t~.C~. The conditions imposed by the Trustees on the issuance of the permit. =k.I_. K~. J_. t=.K~. 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 peimit, 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)." A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suftblk 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. ~ ^~ .... ,+ ,~;~ c ..... (b) Temporary or seasonal snow fences, at the Trustees' discretion, may be permitted upon a showing of need for erosion control. (_c) Fences on a beach shall be perpendicular to the waterline and not closer than ~ 2~00 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 ,~ r:~c ........ .. ...... or Bay Constable may Enforcement, ................... 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 Enforczmcnt Offizzr 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 may not exceed 200 square feet and must be landward of the top of bluff. Shoreline structures. (1) Bulkheads, retaining walls, revetments and gabions. (c) Bulkheads on the Sound ,.must may be armored with stone. (d) All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by §275-2. (e) 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 (g) (h) In water. (1) 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. 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. 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 thc upland on the landward end of the jetty or groin as necessary, not less than fi~e-four feet in width, to enable persons to pass and (2) repass over said structure by steps or a ramp allowing pedestrian passage. Docks. [6] All docks and floats shall have the street address of the subject premises~vv~.,v-~' ..... v,~__.~ ........ permanently affixed to the most seaward face for identification. Said ~ address shall be at least three inches high and constructed of metal, wood, plastic or other material such that they can withstand exposure to the elements and are visible from the water. [7] Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. [81 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. [9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passi g th I d de dofthedo k n way on e an war n c , ~, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. [10] Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. [11] 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] 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] 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 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 + .... ~ ..... ;~ '";+~'^"+ +~'~ -~; .......... ~ and rc;Scw ~f the Trustees. 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. Dated: August 28, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk Please publish on SEPTEMBER 13, 2012 and forward one (1) affidavit of publication to Elizabeth A. Neville, Town Clerk, P O Box 1179, Southold, NY 11971. Copies to the following: Suflblk Times TC Bulletin Bd Town Board Town Attomey Web site Trustees RESOLUTION 2012-669 ADOPTED DOC ID: 8097 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-669 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suflblk County, New York, on the 28th day of August, 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 25th day of September, 2012 at 7:32 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~u ~ .... +~. ..... : .... : .... ~'~-~:~ 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 ofnuracry z?av:n ....... ~.+~; ......... ,~; ...... cc~.~++~-- living aquatic organisms Resolution 2012-669 Board Meeting of August 28,2012 .......... ;, ~..~..~ ........ ;, ,~ ........................... ;. Bo of water within the boundaries of the Town of Southold excluding the Long Island Sound, Lakes 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 prc;%ug!y nominatc~ designated by the Town of Southold and/or Suffolk County ~e~;.gnat~ by tk~ N~w Yc. rk D~pa."tmcnt c.f Etatc 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 FLOATING DOCK -- Any structure, raft or floating platform, the intended use of which is to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point. FUNCTIONAL -- Any structure that has ~ retained its intended purpose and use within .............. v ........ e .....v ..................... at issue, as dete~ine e B0~d 0f Trustees. GROIN -- A man-made barrier typically perpendicular to the shoreline used to change the natural littoral drift, prevent erosion, ma:.nta:.n ;-~+....~. ~_~.~,~-' ...... or protect an area from wave energy. ~ JETTY -- - '..... a:~'l] ..... U~ A man made bamer w.v ............... :be. reline used to ~u ..... ua ~,...~ ~:,,^.~ .-....,~'4" maintain beach elevation, prevent erosion, and maintain inlet entr~ces., er protect ~n ~ea Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 2 Resolution 2012-669 Board Meeting of August 28, 2012 LOW-PROFILE JETTIES -- The definition of a low-profile jetty is site specific, but typically is a structure no higher than 18 inches toz244nc-hes above existing soil or sediment grade on the dom-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 · ~; ........... eighteen and a half year period. most previous MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previous ninctc:n )'ear period eighteen and half year period. MOORING -- Anchoring for greater than 24 48 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a minimum cf 20 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: ~*"-~ ' ' ........ native vegetanon, 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 (1) The machine excavation and/or removal of material from wetlands. activity in freshwater or tidal wetlands or in any area within Trustee jurisdiction, including, but ......... ~al (2) the placement, repair or removal of not limited to, (-2-) ~n.~· ..~ ~w~.. ~ .... ;* ~.~- d'.'~chargc ^c ..... - structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds; or (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlandsor ........... ~' .... :~ m' any area within Trustee jurisdiction; _or (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 othei~Mse in any area within Trustee jurisdiction; or (5) Removing or otherwise affecting the growth of plants in wetlands or othem4se in any area within Trustee jurisdiction. ORDINARY AND USUAL MAINTENANCE -- Actions on a wetlands permitted, functional structure which do not involve more than 75% of the entire structure which are required to Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 3 Resolution 2012-669 Board Meeting of August 28, 2012 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. ~ PIER LiNE -- The average seaward projection of one or more existing permitted docks, piers, wharves or ~,,~,-o. SEASONAL STRUCTURES--- Structures that may not be installed prior to April I 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 ..... I., ;~oT~ll~,l MI+ 1. ........ 1~+~1 .......... ,4 +1. .... ;~+ .... SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. SWIM PLATFORM - Any structure, raft or floating platform, that is not intended to be used to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A swim platform includes the platform itself and any pilings or mooring system designed to keep the platform at a fixed point. TOWN WATERS -- All the waters within the boundaries of the Town of Southold lying over patent lands. 0S~ 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 alterniflora), 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. Purpose. It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands, giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 4 Resolution 2012-669 Board Meeting of August 28, 2012 health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition, the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat: protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and finfish habitat; public access to water and land; improvement of groundwater recharge; and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. The provisions of this Chapter are not intended to supercede the requirements of Chapter 236 of the Town Code. 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) gtuff4in~. Top of bluff. [4] Swimming pool and related structures: 100 50 feet. § 275-4. Exceptions. A. The provisions of this chapter shall not require a permit for the following: Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 5 Resolution 2012-669 Board Meeting of August 28, 2012 (3) The ordinary and usual operations relative to a bona fide preexisting commemial agriculture an~ or hc~icu!ture 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 c..... structure, (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. witSin (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. ~ · ' only (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. 0-!-)(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 En neers ................................... ~. ...... , ...... ,,v Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 6 Resolution 2012-669 Board Meeting of August 28, 2012 (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. ¢)(h) Cutting of common reed (Phragmites australis) to within 12 inches of the soil surface landward of the wetland boundary. This does not include mowing to ground level. 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. (-l)(k) Minor restoration or alterations of landscaping. Decks. (ad(m) 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. Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 7 Resolution 2012-669 Board Meeting of August 28, 2012 ¢0(o) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. 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!l may require the addition of a nonturf buffer area ncr tz oeec~$~4M.c~ 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 oneffea~ 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. ,^,~ '~'~,,,~ ~,o~l,,,~_ a: ..... :~- vier ,~,,, Be, ara, In addition to the requirements of Chapter 236, 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. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, § 275-6A(8), (11), (14) or § 275-11A(2) where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the waiver was granted. Notwithstanding the foregoing, a waiver of the requirements of §275- Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 8 Resolution 2012-669 Board Meeting of August 28, 2012 6(A)(14) shall not relieve the applicant of the obligations to comply with the requirements of Chapter 236. § 275-7. Fees. Every non-administrative application for a ~ wetlands permit filed with the ~ 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 ~ activities or operations 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~oquat-to e-~ .......... c^~, c ..... ;~';~ ~'~ ....... ;~ '~'~ 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-teak--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-eopyqo the Planning Departm d mae-eopsqo the Zoning Bo d ~. 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 p i i ed ithi 20d y *~' .... res onse srecev w n a s, ..... v~, ........ : ................the review by the Conservation Advisory Council shall be deemed waived. Administrative permits. An administrative permit includes operations that are deemed to have no adverse environmental impact, and a public hearing and notice are not required prior to issuance of a permit Tk~ c..~ ~:~: ..... 1111.A ~.1 .......... 1...i~ Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 9 Resolution 2012-669 Board Meeting of August 28, 2012 § 275-10. Contents of permit. t~.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." Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 10 Resolution 20 t 2-669 Board Meeting of August 28, 2012 t=.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: (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 proiection of homes in the general vicinity and ~zmc: 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. (b) Temporary or seasonal snow fences, at the Trustees' discretion, may be permitted upon a showing of need for erosion control. Suck (_c) Fences on a beach shall be perpendicular to the waterline and not closer than ~4~ 20 feet ~u,,7 to ....... 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 Enforcement, Gode ~ or Bay Constable may remove or cause the removal of the illegal structure. Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 11 Resolution 2012-669 Board Meeting of August 28, 2012 (e) If any fence, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement,Czde E~vfi~-~q~al4~qq~ 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. 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. (c) Bulkheads on the Sound mugt may be armored with stone. (d) All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by §275-2. (e) 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 Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 12 Resolution 2012-669 Board Meeting of August 28, 2012 or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. (g) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (h) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead. (cj-)(i) 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, o~the-uptand on the landward end of the jetty or groin as necessary, not less than 5vt four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. (2) Docks. [61 All docks and floats shall have the street address of the subiect premises ~r. vv ..... r ................ permanen affixed to the most seaward face for identification. Said mm~bom address shall be at least three inches high and constructed of metal, wood, plastic or other material such that they can withstand exposure to the elements and are visible from the water. Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 13 Resolution 2012-669 [7] Board Meeting of August 28,2012 Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. [8] 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. [9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, net !egg than ,qvc fzzt in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. [10] Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. [11] 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] 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] 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 b!:mdg 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 .............................. ~.,~d · .,~,~,.~ ,~.~ ~ .......... ~ ~,~ .... : ..... r~.~ ~r ........ Th fe fo fei g id p it sh 11 ............. v ..... re .............................. e e rtrans rrB sa erm a be $50. Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 14 Resolution 2012-669 Board Meeting of August 28, 2012 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: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 8/28/2012 12:56 PM by Lynne Krauza Page 15