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HomeMy WebLinkAboutDraft Generic Environmental Impact Statement 1988DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT ON PROPOSED LOCAL LAW OF 1987 AMENDING THE TOWN OF SOUTHOLD ZONING ORDINANCE FEBRUARY, 1988 Ltd. ENVIRONMENTAL CONSULTANTS & PLANNERS S/II RECEIVED / Sonl~nl~ Tnwn DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT ON PROPOSED LOCAL LAW OF 1987 AMENDING THE TOWN OF SOUTHOLD ZONING ORDINANCE SA! L,~. ENVIRONMENTAL CONSULTANTS & PLANNERS SAI DRAFT GENERIC ENVIRONMENTAL IMPACT on PROPOSED LOCAL LAW AMENDING THE TOWN OF Prepared by: Prepared for: STATEMENT SOUTHOLD ZONING ORDINANCE David J. S. Emilita, AICP, Town Planner Szepatowski Associates, Inc. Town Board Town of Southold 53095 Main Road Southold, NY 11971 516/765-1800 For Further Information Contact: Date of Acceptance by Town Board: Last Date for Comments: David J. S. Emilita SA I Ltd. t~NVIRON/VlENTAL CONSULTANTS & PLANNERS SAI TABLE OF CONTENTS PAGE A. Scope ............................................... 1 B. Purpose ............................................. 1 C. Description of the Proposed Action .................. 2 D. Description of Environmental Setting ................ 13 E. Significant Environmental Impacts .................. 42 F. Alternatives ........................................ 48 G. Irreversible or Irretrievable Commitments of Resources ........................................ 52 H. Mitigation Measures ................................. 53 I. Growth Inducing Impacts ............................. 61 J. Effects on Energy Resources ......................... 62 K. Studies & Reports Utilized .......................... 63 Appendix A - Master Plan Update Summary Appendix B - Text of Proposed Local Law Appendix C - Reprint from LIRPB Non-Point Source Handbook on Coastal Water Protection Appendix D - Industrial Performance Standards Town of Brookhaven and Suffolk County Department of Health Services I:NVIRONMENTAL CONSULTANTS & PLANNERS SA! A. SCOPE Pursuant to the Positive Declaration dated May 1, 1987, it was determined that a generic environmental impact statement should be prepared to assess the proposed zoning amendments so that individual actions by the Town or by private agencies carried out in conformance with the Master Plan, its Update, and the Zoning Ordinance amendments adopted by this Local Law will require only site specific environmental impact statements. The report entitled, "Master Plan Update Summary", from which the proposed Local Law evolved is adopted as a part of this GEIS and will be found at the end of this document as Appendix A. The full text of GEIS and will be Appendix B. the Local Law is adopted as a part of this found at the end of this document as B. PURPOSE This generic environmental impact statement (GEIS) will address the following aspects of the proposed Local Law: 1. The marine business zoning text and map designations. 2. The light industrial zone around the Cutchogue Landfill. 3. The creation of a one-acre zoning district. 4. Sage Boulevard Zoning. 5. "Norris Property" Zoning. 6. Hamlet Density Districts. S/Il ,,,. ENVIRONMENTAL CONSULTANTS & PLANNERS S/Il C. DESCRIPTION OF THE PROPOSED ACTION The proposed action is a Local Law comprised of a comprehensive set of zoning amendments to implement the Master Plan Update of 1985. In the GEIS the words "Local Law" and "zoning amendments" will be used interchangeably. Two major elements are zoning map amendments and zoning text amendments. The map amendments will be discussed first. The following list contains the zoning districts as they appear on the proposed zoning map. All the districts are newly named except for the B General Business District. Map Code Title A-C R-80 R-40 R-120 R-200 R-400 Agricultural-Conservation District (Two acre minimum) Residential Low Density District (Two acre minimum) Residential Low Density District (One acre minimum) Residential Low Density District (Three acre minimum) Residential Low Density District (Five acre minimum) Residential Low Density District (Ten acre minimum) HD RR RO HB LB B MI MII LIO LI Hamlet Density Residential District Resort Residential District Residential Office District Hamlet Business District Limited Business District General Business District Marine One District Marine Two District Light Industrial Park/Office Park District Light Industrial District These new districts are described as follows: 1. The A~ricultural and Single Family Districts SAI The purpose of the A~ricultural-Conservation (A-C) District and the low density Residential R-80, R-120, ENVIRONMENTAL CONSULTANTS & PLANNERS SAI 2 R-200, and R-400 Districts is to reasonably control, and to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the town's economy, and those areas with sensitive environmental features including aquifer recharge areas and bluffs. These areas also provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort, and second home economy. The economic, social, and aesthetic benefits of limiting the loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes, while honoring the legitimate interests of farmers and other farmland owners. The Agricultural Conservation (AC) and low density Residential R-80 Districts are the basic 2-acre zones. The AC district includes mandatory clustering, but is otherwise distinguished from the R-80 District only by its name and location in areas to be given priority for agricultural conservation as indicated in the Master Plan. ENVIRONMENTAL CONSULTANTS & PLANNERS SA! The low density Residential R-120, R-200, and R-400 Districts are all new and are basically the same as the R-80 except that minimum lot areas are 3 acres (Fishers Island), 5 acres (Orient) and 10 acres (Robins Island). The purpose of the low density Residential R-40 District is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one dwelling per acre and where open space and agricultural preservation are not predominant objectives. The R-40 District is mapped in areas already considerably developed or committed to one acre lots or less. 2. The Hamlet Density District The purpose of the Hamlet Density (HD) Residential District is to permit a mix of housing types and level of residential density appropriate to the areas in and around the major hamlet centers, particularly Mattituck, Cutchogue, Southold, Orient, the Village of Greenport, and Fishers Island. 3. The Resort Residential District S/Il L,.. The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas or other appropriate areas where, because of the availability of water and/or sewer, more intense development will be permitted consistent with the density and character of surrounding lands. ENVIRONMENTAL CONSULTANTS & PLANNERS SAI 4 The Resort Residential (RR) District is basically the same as the R-80 zone except that it permits low density resort, seasonal and motel development particularly in waterfront areas consistent with the surroundinG low density and agricultural development. 4. The Business Districts a. The Residential Office (RO) District The purpose of the Residential Office District is to provide a transition area between business areas and low density residential development alonG major roads. This will provide opportunity for limited nonresidential uses in essentially residential areas. The RO District would permit professional and limited business offices in areas that are a transition between the hamlet centers and outlying business areas, and low density residential area. Residential density is one acre. b. The Limited Business (LB) District The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity alonG highway corridors. But, in areas outside the hamlet central business areas development shall remain consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses ENVIRONMENTAL CONSULTANTS & PLANNERS SAI 5 must generate a low volume of traffic and be designed to protect the residential and rural character of the area. The (LB) District is intended to allow limited business activity (antique shop, professional offices) that are appropriate for outlying and low density area. The primary purpose of this district is to accommodate areas currently zoned for business, but which in accordance with the Master Plan policy are not intended to expand or be intensively developed. To do so would create strip development and inappropriate uses in agricultural and low density areas. c. The Hamlet Business (HB) District The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office, and services uses, public and semi-public uses, as well as hotel and motel and Multi-family residential development that will support and enhance the retail development and provide a focus for the hamlet area. The Hamlet Business (HB) District is a modified version of the present B-Light Business zone. It allows business, office, specialty and residential uses at higher densities provided utilities are available in the hamlet centers. SAI I:NVIRONMENTAL CONSULTANTS & PLANNERS SAI d. The General Business (B) District The purpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is essentially the present B-1 District and is intended for auto oriented uses, commercial uses that are more land extensive and not as dependent on pedestrian traffic, and commercial uses that are not necessarily appropriate in a hamlet center. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land, and that may involve characteristics such as heavy trucking and noise. This district is mainly located on Route 25 in Mattituck, Cutchogue, Peconic, Southold and near the Village of Greenport, and on Route 48 in Southold and Peconic. e. The Marine One (MI) District The purpose of the Marine One (MI) District is to provide a waterfront location for a limited range of water dependent and water related uses which require or benefit from direct access to, or location in, marine or tidal waters but which are located within the confines of the town's tidal creeks or natural coves. This district and the MII District were developed in response to comments from the public in t~NVIRONMENTAL CONSULTANTS & PLANNERS SAI 7 the January and February, 1987 public hearings. The permitted uses in the MI District are single family dwellings on existing lots, marinas, boat docks, boat yards, boat and marine engine repair, public buildings and sale or rental of fishing equipment if accessory to a marina or boat yard. Special exception uses are recreational clubs, and mariculture uses. f. The Marine Two (MII) District The purpose of the Marine Two (MII) District is to provide a waterfront location for a wide range of water dependent and water related uses which require or benefit from direct access to, or location in, marine or tidal waters and which in general are located on major waterways, open bayfronts or the Long Island Sound. The permitted uses in the MII District are the same as the MI District except for the following additions: charter boats and mariculture, are allowed by right; restaurants, ferry terminals, transient hotels and motels, fish processing, fish marketing, and museums, are allowed by special exception. Restaurants and transient hotels and motels would require a denitrification treatment of their waste waters. Public water as defined in the zoning ordinance should be required due to the potential problems of salt water upcoming near the fresh/salt interface. 5. The Industrial Districts SAI Two industrial categories, Light Industrial Park/Office Park (LIO) District and Light Industrial (LI) District are included. Both of these are similar to the existing "C" Light Industrial category. The primary distinction ENVIRONMENTAL CONSULTANTS & PLANNERS SA! 8 between the two proposed districts is the intensity of use. The former requires larger parcels and low coverage and is intended for industrial areas away from the more congested hamlet areas. a. The Light Industrial Office (LIO) District The purpose of the Light Industrial Park/Planned Office Park (LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses, and similar activities, in an open, campus-like settinG in areas which are not appropriate for retail and wholesale commercial activity or low density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preservinG the open qualities of an area and providing an area, adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for Ground and surface waters. All uses must conform to Suffolk County Health Department standards. b. The Light Industrial (LI) District The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. [NVIRONS,~ENTAL CONSULTANTS & PLANNERS 9 C. Tabulations Per the request of the Southold Town Board and in conjunction with the GEIS for the proposed Local Law, SAI has established an acreage comparison between the existing and proposed zoning. This comparison was done to determine how much more or less of a zone is proposed compared to what already exists in the Town. For example the C and C-1 (industrial) zones in the existing zoning ordinance total 477 acres compared to 534 acres of LI & LIO (industrial) in the proposed Local Law. As can be seen by the table below this will be an increase of 57 acres of industrial zone in the Town. Another example is the decrease of 58 acres of the Multiple Residence/Hamlet Density zone. The table gives the breakdown of existing -va- proposed zoning and the difference between the two. Existing * Proposed * Difference Zone Acres Zone Acres Acres C, C-1 477 LI, LIO 534 +57 B, B-1 901 B, LB, HB, 815 RR, RO -86 M, M-1 401 HD 343 -58 **MI, MII 221 +221 A 32,241 A-C, R 32,107 -134 34,020 34,020  Includes Fishers Island SAI * New Zoning Classification - was part of C SAI lO 6. Zoning Text Amendments Many inappropriate and environmentally undesirable uses now included in the General Industrial District (C-i) are proposed to be eliminated. Further, the way that the present C-1 is written, virtually all uses except residences but including business, are permitted uses. Since specific marine districts are now proposed, marine uses are eliminated from the industrial district. Unwanted industrial uses along the Town's waterfront have thus been eliminated. Site Plan Approvals have been greatly detailed in procedure and content to yield a more thoroughly comprehensive site plan review process. Increased attention can now be focused on traffic access, interior circulation and parking, landscaping and screening, natural features, cultural features, pavement material and expanse, lighting, public address systems, facades, drainage, public utilities, aesthetics, and energy conservation. Special Exceptions have been amplified similarly to the site plan section to produce an improved quality of review. The provisions are designed to provide for improved administrative review of selected types of proposed land uses. Certain uses which are allowable under zoning are nevertheless so likely to significantly affect their surroundings that they require individual review to assure compatibility with existing land use patterns, community character, and the natural SA! ~ENVIRONMENTAL CONSULTANTS & PLANNERS SAI 1! environment, before being permitted to come into existence. Similarly, certain authorized uses may take on such diverse forms in their actual implementation that it is wise to review and pass upon the adherence of each individual proposal to standards and guidelines previously established for the use involved. Finally, the case by case review achieved by use of the special exception approval mechanism can increase the flexibility and appropriateness of local development review, and better enable local officials to avoid negative consequences which sometimes arise from the otherwise lawful development or use of a particular site. Landscaping, Screening, and Buffer Regulations have been centralized and detailed to provide improved and thorough protection of the natural aesthetics of Southold. The standards in this section are intended to enhance the appearance and natural beauty of the town and to protect property values through preservation and planting of vegetation, screening, and landscaping material. Specifically, these standards are intended to enhance the appearance of major travel corridors and business areas; to reduce excessive heat, glare, and accumulation of dust; to provide privacy from noise and visual intrusion; and to prevent the erosion of the soil, excessive run-off of drainage water, and the consequent depletion of the ground water table and pollution of water bodies. SA I Ltd. ENVIRONMENTAL CONSULTANTS & PLANNERS SAI 12 D. DESCRIPTION OF THE ENVIRONMENTAL SETTING iENVIRONMENTAL CONSULTANTS & PLANNER~ For a description of the environmental setting, the reader is directed to the Town of Southold Master Plan Update Background Studies, Section 2, which has been reproduced here. 1. Geology and ToDograph¥ The topography of Long Island is a function primarily of the Wisconsin glaciation, which ended approximately 12,000 to 15,000 years ago. During this glaciation, sheets of ice advanced and retreated across the island, forming moraines and outwash plains. The Harbor Hill moraine, which extends through the Town of Southold and is the younger of the two moraines on Long Island, consists of unsorted rock, sand, and gravel deposited by the glacier during an equilibrium period. This moraine, portions of which have been eroded by wave action, forms the hilly, irregular topography of Southold's north shore. Elevations in Southold range from sea level to 160 feet above ms1, though the majority of the Town is at an ele- vation less than 50 feet msl. As a result of the Harbor Hill moraine, the greatest topographical variety is found along the north shore, which is characterized by hills and bluffs. The highest elevations and steepest slopes are found along the north shore in the western end of Southold. A peak elevation of 160 feet msl is found at the Mattituck Hills, while the Oregon Hills have a peak elevation of 120 feet ms1. This area of the shoreline also contains the steepest bluffs, with slopes exceeding 50 percent in some areas. Very steep bluffs and high elevations are also found at the east end of the Town in the vicinity of Browns Hill. The topography of the remainder of the Town is more level, though it remains somewhat irregular, with small hills and gentle slopes. This area is part of the outwash plain, formed by meltwater streams from the glacier. The southern shoreline, adjacent to Great Peconic Bay, Little Peconic Bay, and Gardiners Bay, is generally characterized by gentle slopes, though there are some bluffs in the vicinity of Nassau Point and in Indian Neck. The topography of Robins Island and Fishers Island is also characteristic of the morainic deposits in the area. Both islands have very irregular topography, with many hills and some steep bluffs. In terms of development, the topography of some areas of Southold does present limitations on site preparation. The irregular, hummocky topography of the moraines requires cutting and filling for development (which might affect natural drainage patterns), while the compactness of the glacial till makes excavation difficult. Very steep slopes, such as those on bluffs, preclude development; the topogra- phy of the outwash plains, however, presents few limitations on development, except near the shoreline. SAI e Soils The Town of Southold encompasses three broad soil associ- ations: (1} the Carver and Plymouth sands - Riverhead association, which includes deep, w~ll-drained soils found on morainic topography~ (2} the Haven-Riverhead association, which includes deep, well-drained soils found on outwash plains~ and (3) the dune land-tidal marsh-beach association. A detailed soil map, showing the individual soil series, is available at Town Hall. Table 1 is a chart of the general soil characteristics for each of the soil series. It should be noted that the soil information included here is gener- alized, and that field investigations are necessary for an accurate analysis of the soil at any given site. As can be seen on the soils map, some of the most commonly occurring soils in Southold are the Raven loam and Riverhead sandy loam, which are found in many of the interior areas of the the Town. Interspersed with these soils are many areas of Plymouth loamy and gravelly loamy sand, along with Carver and Plymouth sands. Montauk fine sandy loam is found in many areas along the north shore, adjacent to the beaches and bluffs. Near Greenport there is a large area of Canadice silt loam, which is the only soil in Suffolk County formed in clay material that was deposited in glacial 9onds. The various tidal marsh and beach associations are common along the Town.'s shoreline and adjacent to the tidal creeks. In terms of development suitability, most areas other than those with mucky soils, very high water tables, or steep slopes are suitable for homesites. However, many of the soils in the Town are more limiting in terms of their suitability for sewage disposal fields. The Montauk, Scio, Canadice, and Raynham soils are among those with slow permeability, which is not suitable for a septic field. Many of the common soils in the Town, such as Carver, Plymouth, Haven and Riverhead, have rapid permeability, which is acceptable for a sewage disposal field. However, if the disposal site is located near a well, lake, or stream, there is a pollution hazard. Many of the soils in Southold are suitable for a variety of agricultural purposes. The Haven loam with a slope of 0-2 percent, which covers much of the interior of the Town, has been rated as a Class I soil in the Suffolk County Soil Survey. This capability classification means that there are few limitations restricting the use of the Haven loam for agricultural purposes. A number of soils in the Town have been rated as Class II, with only moderate limitations in choice of plants and moderate requirements for conservation techniques. These Class II soils include Haven loam (2-6 percent slope), Montauk fine sandy loam (0-8 percent slope), Riverhead sandy loam (0-8 percent elope) and Scio silt loam (0-6 percent slope). Southold also contains a variety of SZEPATOWSKI ASSOCIATES INC. ENVIRONMEN'IAL CONSULTAN~TS S/Il 14 soils which are not suitable for agricultural purposes, such as the Carver and Plymouth sands, Berryland mucky sand, and the beaches, dunes, and muck areas. Hydrology Long Island, including the mainland portions of the Town of Southold, depends almost exclusively on groundwater for its water supply. This groundwater supply is replenished by rainwater and the return of water to the underground aquifers after it is used. Many factors have contributed to the degradation of the quality of this water supply includ- ing contamination from chemicals and salt water intrusion. Because ground water is now the sole source of water supply, the location and intensity of development as it relates to water source, water use characteristics of various activ- ities, policies regarding central water and sewer systems are particularly important planning issues. During the past 15 years, several studies were comple}ed to analyze the quantity and quality of available water. The current ERM Study which has summarized research and data from the previous studies and includes up-to-date informa- tion on water quality and water contours (which are used to estimate location and depth of aquifers) has been utilized as the primary source for this section on hydrology. Geology The major geologic units in the Town are the Raritan forma- tion, the Matawan Group (Magothy formation aquifer) and Pleistocene deposits(including the upper glacial aquifer which is principal water source in Southold). The bedrock of the Precambrian age which underlies the Town at depths of 500 feet or more below sea level has no value as an aquifer. Above the bedrock surface is the Raritan formation of the Late Cretaceous age which consists of a Lloyd sand layer under a Raritan clay layer. This formation contains only salt water within the Town of Southold. SZEPATOWSK! ASSOCIATES INC. ENVIRONMENTAL CONSULTAN'iS ,S ll The Magothy formation is also a Late Cretaceous deposit generally consisting of lenses of clay, silt and clayey sand in its upper sections and coarse Sand and gravel in its basal portion. The Magothy is the major source of public water supply in the towns of Suffolk County west of Southold, but the Magothy is only available for supply in the Town of Southold west of Mattituck Creek. East of the Mattituck Inlet this aquifer is salty. The glacial Pleistocene deposits are the most important source of water in the Town of Southold. The predominant type of glacial deposit in the Town is outwash composed of clean sand and gravel. The till, the other major deposit, is found along the north shore of the Town and consists of unsorted clay, silt, sand, gravel and boulders. The pres- ence of a clay layer in the outwash areas, which acts to inhibit the intrusion of salt water in these areas, has been found in well log data from Mattituck to Greenport. The E~ report, like the Holzmacher and Malcolm Pirnie studi~s divided the Town of Southold into four water supply areas including= Zone 2 which ends at the western side of the Mattituck Inlet where the freshwater portion of the Magothy terminates~ and ~ones 3, 4, 5 which each contain an isolated relatively thin fresh groundwater lens. Zone 3 extends from Mattituck Inlet to Arshamomaque Pond, Zone 4 extends from Arshamomaque Pond to Dam Pond and Zone 5 includes the area east of Dam Pond. Water Quality The thin fresh groundwater lenses underlying portions of the Town of Southold can provide a limited water supply and are subject to saltwater intrusion and chemical contamination. The depth of fresh groundwater in an area of the Town can be estimated by applying a formula called the Ghyben-Herzberg formula which states that the depth of fresh water below sea level is forty times the height of freshwater above sea level. Elam estimated the amount of water that might be available for a public water supply, i.e. from those areas that have water tables at least two feet above sea level. The report gave only very general information on amounts of water available in areas with less than two feet of fresh water above sea level (primarily those areas closer to the major water bodies, i.e. the Long Island Sound and the SZEPATOwSKI ASSOCIATES INC. [NVIRONMENTAL CONSULTANTS 16 Peconic and Gardiners Bays).3 That report did indicate that improper well location and over pumping can cause lateral and vertical salt water intrusion. Moreover because of limited dilution capacity it can take a long time (perhaps 100 years) for any contaminants to flush out of the aquifer. The Suffolk County Department of Health has substantiated through extensive testing that the upper glacial aquifer is contaminated in many areas by nitrates and organic pesti- cides and herbicides, the latter primarily from agricultural uses. Thus, while the supply of fresh water is quite limited, the amount of uncontaminated ground water is substantially more limited. Moreover, although the future total Town requirement for fresh water may change depending on the amount and type of agricultural uses, the need for potable fresh water will surely increase. Present and future land uses and patterns in the Town of Southold will affect the rate of recharge of the aquifers, the extent and location of withdrawal of fresh ground water and the amount of contamination of the water supply. Given the Town ts hydrology it will be important for the Plan to incorporate areas suitable for rainfall recharge and to examine proposed residential, agricultural, commercial and industrial uses for their impact on groundwater supplies. Furthermore, methods for treatment of contaminated water available for use by individuals and communities will have to be considered. A discussion of water supply as it relates to development potential is addressed in a separate memo. Fishers Island H~drology Information on Fishers Island hydrology ks based largely on the Malcolm Pirnie report of 1967, the subsequent H2M report of the early 1970's and discussions with a Fishers Island Water Works official. The ERM Northeast report was not used since the study area only included mainland portions of Southold. The geology of Fishers Island differs substantially from other portions of the Town of Southold in that large por- tions of the Island are hilly, some areas rising to 160 feet above sea level~ and the land is relatively impermeable. Most of the precipitation that falls on the Island flows to one of the freshwater ponds or directly to the shoreline. 17 SZEPATOWSKI ASSOCIATES INC. £NVIRONM£N]AL CONSULTAN]S .e ll Two of the ponds receiving this surface water, Barlow Pond and Middle Farms Pond, ere used as the primary source of the Fishers Island water supply~ however, in the last few years only Barlow Pond has been used. The water levels in these ponds when full are generally only a few feet above sea level. Like underground sources, the ponds can be subject to salt water intrusion from overpumping, but this has not been · problem in recent years. After the drought of 1965-66 two small shallow wells were dug into the glacial aquifer northwest of Middle Farms Pond. Water from this source has not been extensively used both because of its high iron content and because the supply from the ponds has been adequate. Wetlands A. Tidal Wetlands Tidal wetlands, or salt marshes, are grassy coastal floodplains which contain, or are periodically inun- dated by, salt or brackish water. Tidal wetlands, which are found along many creeks and inlets in Southold, are an important coastal resource which perform the following functions= Marine Food Production - tidal wetlands are one of the most productive ecosystems in the world; they have a very high concentration of nutrients. Two-thirds of all conunercially harvested fish and shellfish depend on the marsh-estuarine system at some time in their life cycle. wildlife Habit - tidal wetlands are important as breeding, nesting, and feeding grounds. Flood and Storm Control - tidal wetlands serve as a natural buffer, protecting upland and developed areas from storm tides and absorbing wave damage. Recreation - tidal wetlands provide many opportun- ities for hunting, fishing, birdwatching, etc. Pollution Control - tidal wetlands serve as an important basin in which some organic pollutants ere chemically and biologically converted into useful nutrients. Sedimentation - tidal wetlands absorb silt and organic matter, which otherwise would obstruct channels and harbors. Tidal wetlands have been defined in the New York Environmental Conservation Law Section 25-0103 as 18 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS Sql SZEPATO~VSKI ASSOCIATES INC. £NVlRONMi:.NTAL CONSULTANTS S/II 19 S/il SZEPATOWSKI ASSOCIATES INC. FNVIRONMENTAL CONSULTANTS 2 0 ,5,41 'those areas which border on or lie beneath tidal waters, such as, but not limited to, banks, bogs, salt marsh, swamps, meadows, flats or other low lands subject to tidal action, including those areas now or formerly connected to tidal waters...' Specific zones within tidal wetlands are further defined by the types of vegetation they support. The vegetation in a tidal wetland is determined by elevation and the frequency with which tidal flooding occurs. The lowest portion of a tidal wetland, which is below mean high tide and is flooded daily, is dominated by salt marsh cordgrass (Spartina alterni- flora). The upper slope, which may be flooded ten days out of a month, is dominated by salt marsh hay (Spartina patens) and spike grass (Distichlis spicata). The highest elevations within the tidal wetland, which are flooded only during storm tides, are dominated by black grass (Juncus gerardi). Other common plants in the high marsh area include cattails (Typha latifolia and T. angustiofolia), groundsel bush (Baccharis halmifolia) and the reed Phragmites communis. Phragmites, a common reed which is often associated with disturbed or altered wetlands, is usually abundant in areas which have been built up above the mean high tide level, or in areas with limited sources of salt water. A 1972 publication entitled "The Marine Wetlands of Nassau and Suffolk Counties, New York," prepared by the Marine Sciences Research Center at SUNY-Stony Brook, includes an inventory of tidal wetlands in Southold. At the time of this survey, a total of 1,091 acres in the Town consisted of tidal wetlands. This survey identified 34 individual wetland areas, the majority of which were dominated by Spartina alterniflora. Most of these wetlands also supported varying amounts of Phragmites. Among the largest tidal wetlands in Southold are those in the Long Beach Bay/Hallocks Bay area. At the time of the 1972 survey, the tidal wetlands on the north shore of Long Beach Bay and those within Orient State Park encompassed approximately 370 acres. The dominant plants in this wetland system are Spartina patens and Dtstichlis spicata. Another fairly large wetland in this area is located along the Orient Causeway and along the edges of Dam Pond. This wetland area in- cludes approximately 43 acres, and the dominant plant is Spartina alterniflora. Another fairly extensive wetland system ks located in the Cutchogue Harbor area, and encompasses marshes along the edges of Wickham Creek, East Creek, Mud 21 S41 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS .e ll Creek, and Broadwater and ~aywster Coves. The dominant plants in this wetland, which totals approximately 140 acres, are Spartina alterniflora and Distichlis spicers. Spartina alter~iflora is also the dominant plant in the extensive wetlands (150 acres} surrounding Downs Creek and West Creek, off the Great Peconic Bay. Towards the western end of the Town there is · large wetland system along Mattituck Inlet and Creek. This tidal wetland, which covers approximately 45 acres, is dominated by Spartina alterniflora. There are many other tidal wetlands scattered throughout the Town along the tidal inlets and creeks. Though many of these wetlands are only a few acres in size, they still perform many valuable ecological roles. DEC has inventoried all the tidal wetlands in Southold, and classified them according to the type of vegetation they support. These wetland classifications are as follows= Intertidal Marsh {IM} - this is the area generally lying between the daily tides. It is dominated by Spartina alterniflora and produces the most primary nutrients. Coastal Fresh (FM} - these areas are uncommon in New York, and are found primarily where freshwater run-off is backed up by daily tides. They are usually bordered by rushes, cattails, and brackish water cordgrass, as well as by pickerel weed and marsh roses. This type of wetland is highly productive and has extremely high value for wildlife. High Marsh or Salt Meadow (HM} - this wetland zone is generally above the daily tidal flow, and is regularly flooded about ten days out of the month, and during storm tides. The high marsh is dom- inated by Spartina patens and Distichlis spicers. It is moderately productive, has some value for wildlife, and forms an important buffer between uplands and estuarine waters. Coastal Shoals, Bars and Mudflats (SM} these ~nclude areas that are exposed at low tide and are not covered with rooted vegetation. ~owever, this zone may merge with normally flooded, shallow waters which support widgeon grass and/or eel grass. Inshore Waters {Littoral Zone - LZ} - consists of shallow bay bottoms, less than twelve feet in depth at mean low water. These areas support eel 22 .SZEPATOWSKI ASSOCIATES INC. ENVIRONM~.NTAL CONSULTANTS S/Il and widgeon grasses and are highly productive and of great value to waterfowl. Inshore fisheries are largely dependent on the littoral zone, and it provides the finest shellfishing. Formerly Connected Tidal Wetlands (FC) - wetlands which have been partially shut off from normal tidal flows or are in the process of being shut off. The original marine plant community still dominates, although the zone may be lightly infiltrated with the common reed. These areas remain a part of the marine food web. The largest wetlands in the mainland portion of Southold, which were previously mentioned on the basis of their listing in the 1972 survey, will also be described in terms of their DEC classifications. The largest wetland system in the mainland portion of the Town is that surrounding Long Beach Bay. The wetlands on the Long Beach peninsula consist primarily of high marsh areas, which are flooded by the daily tides about 10 days out of the month, and are dominated by Spartina patens and Distichlis spicata. These high marsh areas are interspersed with some lower areas that have been classified as intertidal marshes and mud- flats. The wetlands along the north side of Long Beach Bay are primarily high marsh zones, edged with narrow bands of intertidal marsh along the bay. Long Beach Bay itself has been classified as a coastal bar/or mudflat. On the west side of the bay along the Brown's Point peninsula, most of the wetlands are considered high marsh, with only narrow bands of intertidal marsh. In the Peter's Neck area, which is near Orient Harbor, most of the marsh area has been classified as a former- ly connected tidal wetland. As classified by DEC, the Orient Causeway wetland system consists of large areas of mudflats and inter- tidal marsh surrounded by areas of high marsh. The high marsh areas are located adjacent to the Causeway, and also along the north side of the beach which faces Orient Harbor. The adjacent Dam Pond is classified primarily as a littoral zone, though it also includes large mudflats. The northern portion of the pond is bordered by a beach, though the rest of the pond is bordered by an intertidal marsh zone and limited areas of high marsh. In the Cutchogue area the various tidal creeks are primarily classified as mudflats, with narrow channels of littoral zone where the water is deeper. The 23 SZEPATOWSKI ASSOCIATES INC. ENViRONM£N1AL CONSULTANTS wetland areas adjacent to these creeks consist primari- ly of intertidal marsh zones, with limited areas of high marsh. To the west, along Downs Creek and West Creek, DEC has classified extensive areas as mudflats and intertidal marsh. Along Mattituck Inlet and Creek, the wetlands consist of both intertidal marshes and high marshes, while the creek itself is classified as a littoral zone. There are also some areas of dredge ~poil located within this wetland system. On Fishers Island the primary marsh areas are located near Hay Harbor and West Harbor, particularly in the peninsula areas where both intertidal and high marsh or salt meadow areas can be found. The harbor areas themselves are classified as littoral zones. Addition- al areas of intertidal marsh and high marsh are locat- ed~ slightly east of West Harbor, along the east side of Beach Pond, and at scattered sites near East Harbor. Some intertidal marsh is also located along Barleyfield Cove and on eastern portions near Chocomont Cove. There are also two sections of formerly connected tidal wetlands on Fishers Island, the larger one north of Barlow Pond and the smaller one near East Harbor. Coastal shoals, bars and mudflats are found in the coastal waters surrounding most portions of the island. The largest exception to this is the area on both sides of the Ferry dock on the western portion of Fishers Island. The tidal wetlands in Southold are valuable natural features which should be preserved. These include both the large wetland systems which have been described, and the many small individual wetlands which are scattered throughout the Town. Tidal wetlands are extremely productive ecosystems which perform many important roles, such as marine food production, flood control, and the provision of wildlife habitat. For these reasons the Town's tidal wetlands should not be altered, and should be preserved in their natural condition. The preservation of these wetlands may also generate development constraints on adjacent lands, where development could adversely impact the wetlands. Moreover, creeks and wetlands should be protected from road runoff and pollution that can alter the ecosystem of the wetlands. B. Freshwater Wetlands Freshwater wetlands, which are found in scattered locations throughout the Town of Southold, are impor- tant natural features which perform a variety of ecological roles. Freshwater wetlands are a major 24 SZEPATOWSKI ASSOCIATES lINC. ENVIRONMENTAL CONSULTANTS .e li factor in flood control, acting as storage basins and reducing flood crests and erosive capacities. These wetlands are vital to the hydrologic cycle in that they help to recharge groundwater, and they also act as natural pollution control systems by filtering out many potentially harmful materials. Freshwater wetlands are also an important component of food webs, and they support a diversity of plants and animals. Freshwater wetlands which encompass at least 12.4 acres are state-designated wetlands, and are currently subject to regulation by the New York State Department of Environmental Conservation (DEC). The State defini- tion of a freshwater wetland is based on vegetation, with various species of trees~ shrubs, emergent vege- tation, floating vegetation, etc. considered wetland indicators. (The following paragraphs include the New York State Department of Environmental Conservation definition of freshwater wetlands taken from Article 24 which specifies the varieties of plants that may be found in the freshwater wetlands of the Town of Southold and of the State.) "Freshwater wetlandsw means lands and waters of the Stere es shown on ~he freshwater wetlands map which contain any or all of the following: Ca) lands and submerged lands con.only called marshes, swamps, sloughs, bogs, and flats supporting aquatic or semi-aquatic vegetation of the following types: wetland trees, which depend upon sea- sonal or permanent flooding or suffi- ciently water-logged soils to give them a competitive advantage over other tress; including, among others, red maple (Acer rubrum) willows (Salix spp.), black spruce (Picea mariana) l swamp white oak (Quercus bicolor), red ash (Fraxinus pennsylvanica), black ash (Fraxinus nigra), silver maple (Acer saccharinum), American elm (Ulmus americana), and Larch (Larix laricina) l wetland shrubs, which depend upon seasunal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other shrubs; including, among others, elder (Alnus spp.), buttonbush (Cephalanthul occidentelis), bog rosemary (Andromeda glaucophylla), dogwoods (Comus spp.), 25 SZEPATOWSKI ASSOCIATES INC. ENVIRONMEN1AL CONSULTANTS and leetherleef calycul&ta)l (Chamaedaphne emergent vegetation, including, among others, cattails (T~he spp.), pickerel- weed (Pontederta cordata), bulrushes (Scirpus app.), arrow arum (Peltandra virgin[ca), arrowheads (Sagittaria app.), reed (Phragmites conmunia), wildr~ce (Zizania aquatica), bur-reeds (Sparganium app.), purple looeestrife (Lythrum salicar~a), swamp loosestrife (Decondon verticillatus), and water plantain (Alisma plantago-equatica)~ rooted, floating-leaved vegetationl including, among others, water lily (Nymphaea odorata), water shield (Brasenie schreberi), and spatterdock (Nuphar epp.)~ free-floating vegetat~on~ includ~ng, among others, duckweed (Lemna spp.), big duckweed (Sp~rodela polyrh~za), and watermeal (Wolffia wet meadow vegetation, which depends upon seasonal or per~anent flooding or sufficiently water-logged soils to give it a competitive advantage over other open land vegetat~on~ including, among others, sedges (Carex spp.), rushes (Juncue app.), cattails (Typha rice-cut-grass (Leersie oryzoides), reed canary grass (Phalaris arundinacee), swamp looaestrife (Decodon ve~cicillatus), and spikerueh (Eleocharis bog mat vegetation! including, among others, sphagnum mosses (Sphagnum bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracen~a purpurea), and cranberries (Vaccinium macrocar~on and V. ox,ycoccos)l submergent vegetetion~ ~ncluding, among others, pondweeds (Potamogeton spp.), naiads (NaJae epp.), bladderworts (Utricularia app.), w~ld celery {Vallieneria americana), coontail (Ceratophyllum demersum), watermilfolle (Myr£ophyilum app.), muskgrase (Chara 26 SZEPATOWSKI ASSOCIATES INC. [NVIRONMLN]AL CONSULTANTS S/Il Ih) spp.), stonewort (Nltelle spp.), water weeds (Elodea spp.), and water smartweed (Polygonum amphibium); lands end submerged lands containing remnants of any vegetation that ts not aquatic or se~/-aquatic that has died because of wet conditions over a sufficiently long ~eriod, provided ~hat such wet conditions do not exceed a maximum seasonal water depth of six feet and provided further that such condi- ~tona can be expected to persist indefinite- ly, barring human intervention~ lands and waters substantially enclosed by aquatic or sem~-aquatic vegetation as set forth in paragraph (a) or by dead vegetation aa set forth in paragraph (b), the regulation of which is necessary to protect and preserve the aquatic and se~/-aqua~ic vegetation~ and ~he waters overlying the areas set for~ ~n (a) and (b) and the lands underlying (c). The areas and parcels of land that are currently designated by the DEC as freshwater wetlands (from the western to the eastern part of the Town) are= - Laurel Lake and surrounding areas, some of which are in State or Town ownership. An aree located about 1,500 feet east of Laurel Lake between County Route 48 and the Long Island Railroad tracks. An area east of Bray Avenue and north of Peconic Bay Boulevard, much of which is held by the Nature Conservancy. Marratooka Lake and adjacent areas, primarily to the north, most of which are in Nature Conser- vancy, Mattituck-Cutchogue School District or Mattituck Park District ownership. An area north of West Creek and northwest of New Suffolk, primarily on the west of New Suffolk Road, but with a smaller portion on the east side of the road. Portions of these wetlands are included in the Suffolk County Farmland Preserva- tion Program. SZEPATOWSKI ASSOCIATES INC. £NVlRONM£NTAL CONSULTANTS Great Pond north of Sound View Avenue and east of Kennyfs Road which is part of the adjacent County park. An area in Southold east of Boisseau Avenue, west of Laurel Avenue and north of the Long Island Railroad right-of-way. A portion of wetlands and pond southeast of Arshamamoque Pond, between the Long Island Rail- road right-of-way and State Route 25. A large area west of Greenport between County Route 48 on the north and State Route 25 on the south, and between Albertson Lane on the west and Chapel Lane on the east. Much of the Moores Woods/Moores Drain/Silver Lake area of Greenport with most wetland portions indicated within the Village and some in the Town. An area in the southwest corner of the inter- section of Route 25 and Route 48, just north of the Village of Greenport. Marion Lake and surrounding lands. - Two wetland areas in 'the western portion of Plum Island near the harbor. On Fishers Island, three interconnected areas south of Peninsula Avenue and west of Isabella Beach, areas within and in proximity to Barlow Pond, Middle Farms Pond and Treasure Pond as well as an area in the eastern end of the island near aouthern portions of the golf course. The DEC freshwater wetlands map will be finalized after the above named sites are presented by the DEC to the Town and public at a public hearing anticipated to be in the summer of 1984. There may be additions to or deletions from the above-mentioned list of sites, based on the DECte consideration of public input. Coastal Features Coastal features in Southold include beaches, dunes, and bluffs. These features have been produced by a variety of geologic and physical processes, including glaciation, sediment transportation and deposition, and wave action. The beaches in Southold are located along the north shore, adjacent to Long Island Sound, and along the south shore, adjacent to the bays. These beaches have been formed 28 SZEPATOWSKI ASSOCIATES INC. ENVlRONM£NTAL CONSULTANTS .e il through the deposition of sediment, and their size and shape may change as the rates of deposition and erosion vary. The beaches on the north shore are very gravelly and cobhly, while the beaches on the bays are usually sandy, with varying amounts of gravel mixed in. Beaches rim almost the entire coastline of Southold, with the exception of some wetland areas and developed areas. The largest portion of coastline without beaches is the north shore of Long Beach Bay, most of which is edged with tidal wetlands. Dunes are wind-deposited mounds of sand located landward of beaches, and usually supporting a stabilizing growth of beach grass. On Long Island, dunes are most common along the barrier beaches of the South Fork. Along the North Fork, where many beaches are backed by bluffs of glacial formation, dunes are not as common. There are three areas in the Town with dune formations. The most extensive of these is the area near Great Pond along the north shore. Additional dune areas are scattered through Orient Beach State Park, and there is also · short segment of dunes at the western end of Fishers Island, facing Block Island Sound. Bluffs are a common coastal feature along the north shore of the Town, and also along the Fishers Island shoreline. These bluffs are steeply sloping landforms composed of glacial till deposited as part of the Harbor Hill moraine. These bluffs, which may have slopes exceeding 50 percent, are subject to erosion by wave action. It is estimated that the rate of erosion of these north shore bluffs ranges from one to three feet per year. Because of their steep slope and susceptibility to erosion, the bluffs are not suitable for development. Beaches and dunes are also environmentally sensitive land- forms which should be preserved. Beaches and dunes are subject to flooding from tidal action, and therefore are not suitable for development. In addition, beaches and dunes are not static landforms, but are constantly changing and responding to the forces of wave and wind action. Where as in the past houses have been built too close to the dunes and beaches, this practice must be discouraged. Marine Life The marine waters in end around the Town of Southold support a variety of fish and shellfish. These fish and shellfish are important not only as natural resources, but also as the basis of the Town's commercial and recreational fishing industry. 29 SZEPATOWSKI ASSOCIATES INC. F. NVIRONMEN~AL CONSULTAN'IS S/Il Shellfish found in the Southold area include hard clams, soft clams, oysters, bay scallops, mussels and conchs. The hard shell clam lives near the surface of sandy or muddy substratee, while the soft-shell clam remains buried at deeper levels. The eastern oyster requires a hard substrate for attachment, as does the blue mussel, which attaches to rocks in the tidal zone with its byssus (a bundle of strong threads). Bay scallops spend their early stages of life attached to hard surfaces, though ss adults they are free- swimming. Some locations within the Town which support these shellfish include Long Beach Bay, which contains hard clams, soft clams, end bay scallops, and Orient Harbor, which has bay scallops. Hard clams are also found in a number of tidal inlets, including Arshamomaque Pond, Corey Creek, and Goose Creek. A wide variety of finfish are found around Long Island and in Long Island's many bays. These finfish include both offshore species, and species which are found in shallow neershore areas or in estuarine waters. Some of the most commonly harvested finfish species are described in the following paragraphs. The blackback flounder (winter flounder) and fluke (summer flounder) are both members of the flatfish family. These fish can lay flat against the ocean (or bay) floor and alter their skin color to blend in with the background and avoid predators. The winter flounder migrates to inshore areas during late autumn, while the summer flounder migrates inshore between late spring and early fall. Another popular fish is the blackfish, or tautog, which is found near rocky shores, piers and breakwaters, where it feeds on barnacles, mussels, and clams. These fish migrate to shallow waters during the spring, and in winter move to somewhat deeper water. Bluefish are migratory fish which travel in schools, and which may be found in areas with turbulent water. Other schooling fish are the Atlantic mackerel, which is found in Long Island waters during the spring and fall, and pollock, which is also found in nearshore waters during the spring and fall. Porgies, or scup, are a popular species with recreational fishermen. The population of porgies has increased greatly in the New York area in recent years, as has the population of black sea bass. Like blackfish, black sea bass are attracted to rocky areas, breakwaters, and shellfish beds. Another species whose population in Long Island waters has increased recently is the weakfish, one of the few gamefiah species that spawn in local Long Island waters. 30 SZEPATOWSKI ASSOCIATES INC. ENVIRONM£NTAL CONSLILTAN]'S .S ll A species sought by recreational as well as commercial fishermen in the Town is the striped bass. This fish is anadromous which means that it lives in salt water, but returns to freshwater to spawn. Because of widespread pollution of rivers in New York and Connecticut that might be and/or are spawning grounds for this species, conser- vationists and the New York State DEC are interested in taking steps to limit the catches of commercial fishermen by such means as increasing the requirements regarding the length of fish that can legally be harvested in order to reduce the decline of the striped bass population. ?. Vegetation and Wildlife Vegetation There are a wide variety of plant communities in Southold, ranging from aquatic tidal communities to upland forests. The occurrence of these different communities is determined basically by elevation (and tidal influence) and the type of suhstrate (sand, marine sediments, glacial drift). The major plant communities found in Southold consist of the following: beach and sand dune community; low salt marsh; high salt marsh; transitional shrub community; and the upland forest. Vegetation in the beach environment is very limited, with only a few tufts of beach grass found along the higher areas of the beach. The dune area supports more vegetation, but plant growth is still limited by the shifting sands, salt spray, and occasional tidal floods. Beach grass, which is the dominant plant in the dune system, has an extensive root system which is a major factor in the growth and stabili- zation of dunes. Other plants common in the dune system include beach plum, beach pea, poison ivy and sea rocket. The tidal wetland, or salt marsh community, can be divided into two general groups: the low salt marsh, and the high salt marsh. The low marsh is subject to daily tidal flood- ing, and the dominant plant is Spartina alterniflora. The high marsh, which receives less frequent tidal flooding, is dominated by Spartina patens and Juncus gerardi. The transitional zone between marsh aress and upland areas generally contains a variety of plant species. In the lower reaches of this zone, which may be subject to an occasion- ally storm tide, common plants include marsh elder, and a variety of grasses. In the higher reaches of this zone common plants include groundsel bush, bayberry, and other shrubs. There are no extensive forests in Southold, but there are many smaller forest areas scattered through the Town. Forests on the morainic deposits along the northern edge of 31 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS S/II the Town commonly consist of red oak, white oak, and black oak, along with some yellow poplar, red maple, and black cherry. Conu~on understory species include huckleberry, sassafrass, dogwood, and mountain laurel. Co,on trees on the outwash plain include white oak, hicko- ry, white aspen, scarlett oak and, in the sandier areas, scrub oak and pitch pine. Common understory plants include huckleberry, greenbrier, sumac, and, in the sandier areas, common grasses and poison ivy. The forested areas of the Town are important as groundwater recharge areas, are useful as windbreaks by reducing wind- caused soil erosion and have benefits in maintaining air quality. The different plant communities found in Southold are not, in themselves, limiting to development. However, taken as a whole with the coastal features they are associated with, some of them do present severe constraints on development. As previously mentioned, both the wetlands and the beach/dune areas are very sensitive coastal features which should be preserved in their natural state. Wildlife The different vegetation types occurring in the Town of Southold support a variety of mammals. Among the most common are the eastern cottontail and the raccoon, both of which are found in a variety of habitats, including woods, wetlands, and dunes. Gray squirrels are also common, though they are found primarily in areas with deciduous trees. The red fox is fairly abundant, living primarily in woods, shrubs, and dune areas. White-tailed deer are common in those areas of the Town where there is sufficient vegetation for Cover. Other mammals occurring in Southold include moles, opposum, shrews, mice and bats. There are a number of mammals which were common in Southold in the early part of the century, but which have become rare in recent decades. These include the woodchuck, muskrat, mink, and striped skunk. The Town of Southold supports · rich variety of birdlife, including both nesting and migratory species (the Town is located within the Atlantic Flyway, a major eastern mi- gration route). Types of birds occurring in Southold include shorebirds, wading birds, raptors, waterfowl, and perching birds. Birds which often breed in the Town of Southold and espe- cially in the Orient area (see NYSDEC list of significant habitats later in this section for other nesting areas) during the late spring and summer £nclude herons 32 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANt'S S,41 (yellow-crowned and black-crowned night herons}, great and snowy egrets, osprey, glossy ibises, rails (clapper), gulls, terns (roseate, least and common) and plovers (piping). Non- breeding birds which may be sighted during the summer include double-crested cormorants, oldsquaws, end white-winged scorers. A large number and variety of birds are present in Southold during the winter, especially in Orient Beach State Park, Cedar Beach, Nassau Point, Robins Island and Fishers Island. Species present include loons, grebes, cormorants, swans, mallards, black ducks, scoters, and mergansers, along with some hawks (sharp-shinned, red-tailed, and rough-legged), kestrels, and merlins. Other birds common at this time of year include gulls (great black-backed, ring-billed, herring, and Bonaparte's) and owls (barn, screech, great- horned and short-eared). The NYSDEC lists species of wildlife that are endangered, threatened and of special concern in New York State (many of these species are found in the areas of significant habitats discussed below). Of those native species considered "endangered", i.e. in danger of extirpation or extinction in New York, the tiger salamander, least tern and roseate tern can be found in Southold. Of those native species con- sidered "threatened", i.e. likely to become an endangered species within the foreseeable future in New York, osprey, northern harrier, piping plover and common tern may be found in portions of the Town. The DEC lists a third category of "special concern" species which are not yet considered endangered or threatened, but for which documented concern exists. The species found in Southold placed in this category include= spotted salamander, spotted turtle, diamondback terrapin, eastern hognose snake, least bittern, upland sandpiper, common barn owl, short-eared owl, common night hawk, eastern bluebird, grasshopper sparrow and vesper sparrow. The NYSDEC has indicated that there are several areas of the Town on their preliminary list of Significant Wildlife ~abitats. These include Robins Island, a section of Southold near the mouths of Town Creek and Jockey Creek, Conkling Point, Hallocks Bay and Orient Point Marshes, and sections of Fishers Island and small nearby islands, Plum Island and Great Gull and Little Gull Islands. The follow- ing wildlife, particularly birdlife, are included in the DEC lists for each habitat: Robins Island: black crowned night heron colony; snowy egret breeding area; yellow crowned night herons breeding area; common and roseate terns breeding colony; and osprey breeding colony. 33 SZEPATOWSKI ASSOCIATES INC. [NVlRONMEN]AL CONSULTANTS S/Il Great Gull and Little Gull Islands= roseate tern nesting colony~ common tern nesting colony. 34 SZFPATOWSKI ASSOCIATES INC. £NVlRONMEN'I~AL CONSULTANTS S/Il Southold (Town and Jockey Creeks)= common tern nesting coXony~ roseate tern nesting colony~ and black skimmer nesting colony. Conkling Point~ least tern nesting colony. Hallocks Bay and Orient Point Marshes~ osprey breeding colony~ sharptailed and seaside sparrows nesting area~ clapper rails nesting area~ diamond-backed terrapin~ amd brant. Fishers Island= at Stony Beach - common terns nesting colony~ herring gulls nesting colony~ at Beach Pond - least tern nesting colony~ on Islands off Fishers Island - herring gulls nesting colony and great black backed gull nesting colony. Plum Island - nesting colonies for= snowy egret black-crowned night heron~ great egret~ little blue heron~ louisiana heron~ glossy ibis~ herring gull~ great black-backed gull~ osprey~ green heron~ least bittern~ and spotted turtle~ box turtle~ musk turtlel snapping turtle~ painted turtle~ red-backed salamander~ spotted salamander~ black duck~ gadewa11~ mallard~ wood duck~ green-winged teal~ canada goose~ red-tailed hawk~ rough-legged hawk~ broad winged hawk~ marsh hawk (harrier)~ and muskrat. 35 SZEPATOWSKI ASSOCIATES INC. ~.NVIRONMENTAL CONSULTANTS S41 SZEPATOWSKI ASSOCIATES INC. [N¥1RONMEN]AL CONSULTANTS .e~ll SZEPATOWSK! ASSOCIATES INC, ENVIRONMENTAL CONSULTAN1$ 3'7 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTAN'IS .S~II 38 SZEPATOYVSKI ASSOCIATES INC. ENvlRONM£N~AL CONSULTANTS S/Il 39 S/il SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANIS 40 l ,S/Il ~ZEPATOWSKI ASSOCIATES INC. F-NVIRONM£NTAL CONSULTANT% .e~ll 41 ! SIGNIFICANT ENVIRONMENTAL IMPACTS After many months of review and study, several public workshops and public hearings, and scrutiny by the Planning Board and Town Board, significant adverse environmental impacts have been identified as potentially occurring due to the following provisions in the proposed text. - The marine business zoning text and map designations. - The light industrial district in Cutchogue. - The creation of a one-acre district. - Sage Boulevard zoning. - The "Norris Property" zoning. - Hamlet Density Districts. 1. Marine Business In an effort to assuage the fears that an earlier draft of the Local Law's inclusion of a single marine business district would create too wide a latitude of permitted uses in sensitive tidal reaches, two marine business districts are included in the present proposal, Marine I and Marine II. The intent and purpose of these districts has been stated previously. In general, development proposals under these two new districts would present fewer adverse impacts on the marine environment than would be expected from such proposals under current zoning. The one exception is the Marine II district on the unnamed creek in New Suffolk wherein that district is at the head of the creek instead of at the open bayfront. The location of this Marine II district does not fit the overall district location SAi L,d. ENVIRONMENTAL CONSULTANTS & PLANNERS SAi 42 criteria, but since an active boat yard presently exists there, the decision to assign to it a conforminG zoning designation was made. The small volume of water, the narrow and confined nature of this creek and the closeness of existing dwellings could create adverse impacts if major expansions of existing activity were to take place in either the Marine I or Marine II District. Other areas of concern lie along Mattituck Creek. BeGinninG at the head of the creek, the two Marine II Districts are not located at the best flushinG locations on the creek and are also located in close proximity to existing residential areas. ProceedinG north, the Marine II District on the west side of the creek contains severe slopes. Great care must be taken to avoid construction on these slopes since stabilization will likely prove difficult. Finally, at the mouth of the creek lie two industrial uses that could seriously damage water quality if allowed to expand or reinstate now abandoned uses. In this case the Marine II designation is a significant improvement from the existinG C-1 designation. 2. Light Industrial Expansion It is proposed to increase industrial zoninG from 136 acres on two separate tracts north of CR48 between Depot Lane and Cox Lane in CutchoGue to the entire block. The east side of Depot Lane is proposed for LiGht Industrial/Office Park (LIO) and the sanitary landfill and Cox Lane frontage is proposed for LiGht Industrial (LI). Total acreage is 105 Ac of LIO and 146 of LI. Potential adverse impacts are Groundwater, traffic, visual, noise and air impacts. All of these impacts can :ENVIRONMENTAL CONSULTANTS & PLANNERS SAI 43 be mitigated. It should also be noted that the past and recent operation of the town's sanitary landfill has caused adverse impacts in these categories and that a philosophy of localizing and mitigatinG adverse impacts of industrial type development in one location underlies this expansion in acreage at this particular site. The LI and LIO Districts are more strict than the current C Districts in terms of the uses permitted by right or by special permit, in lot coverage and in landscapinG. Lot coverage in the LI District is 30 percent, in the LIO District it is 20 percent, while in the C Districts there is no limit. Landscaped area in the LI District is 25 percent, in the LIO District it is 35 percent, while in the C Districts there is no requirement. The table below clearly compares these requirements. COMPARISON OF DIMENSIONAL REGULATIONS ExistinG Proposed C-Light C-1 LI LIO Lot CoveraGe (%) - - 30 20 Landscaping (%) - - 25 35 The proposed zoning introduces new area and bulk controls, however, some adverse impacts may still occur. Ltd. ~:NVIRONMENTAL CONSULTANTS & PLANNERS SAI 44 Traffic appears to be the most serious of the potential impacts because there is no specific upper limit on the nun~ber of industrial uses per lot or unit of area. The rest of the impacts can be mitigated through existing regulations or improved methods of review also proposed in this Local Law. 3. Creation of the R-40 District The sole existing single family residential density is a two-acre density. While the two-acre density only moderately impacts groundwater quality, preserves a rural atmosphere, Generates modest traffic impacts and municipal costs, it differs from the existinG density of hamlet and coastal development in Southold which is predominantly one acre or less per dwellinG. What has been proposed in and around the hamlet centers and along the predominantly developed shoreline is a new district, R-40, or one dwelling per 40,000 square feet of lot area. This allows the development of smaller bulk parcels, infill of residential neighborhoods, and a transition of development from hamlet centers to rural densities. Further, it provides a lifting of the administrative burden of a single one-family zoning density by reducinG the potential number of applications for area and yard variances. SAI In certain areas however, with shallow Groundwater and no public water supply, development at this density may cause wells to run dry or turn brackish near the bayfront. ExistinG problems in private supply areas have pointed out that extensive development at this density cannot be sustained without extensions of public water ~NVIRONMENTAL CONSULTANTS & PLANNERS SA! 45 mains. The Greenport water system is under stress at the present time and no public water systems serves Mattituck or the Peconic Bay shoreline west of Hog Neck. New well sites placed inland serving the developed hamlets and Peconic shorefront may need study in the future. 4. "Norris Property" Zoning A 27 acre parcel of vacant land on Camp Mineola Road in Mattituck was proposed for a two-acre density by the Planning Board in its comprehensive zoning recommendations. It is currently zoned "M" Multiple Residence and emerged from the zoning workshop process in 1986 carrying the HD zoning designation. This parcel has been the subject of much concern relative to the adverse environmental impacts possible if development took place at the HD density, particularly with regard to both quality and quantity of groundwater. 5. "Sage Boulevard" Zonin~ A Marine Business District of over 35 acres along both sides of Sage Boulevard was proposed at the public hearings. Several development proposals seeking to take advantage of this zoning have been submitted to the Planning Board. As a result of the review of these proposals and to make the zoning adopted for this area more fully comply with the Future Land Use Plan, all lands not currently utilized as a marina have been returned to a residential (R-80) category. The existing marina has been redesignated M-II, consistent with the intent of that district. Ltd. ENVIRONMENTAL CONSULTANTS & PLANNERS SAI 46 F. ALTERNATIVES Alternatives to the proposed Local Law as now proposed: - No-Action - Partial Adoption - Hold for further study 1. No Action The No-Action alternative is simply to do nothing further on the proposed Local Law and let the Ordinance and Zoning Map stay as is. Compared with the proposed Local Law in terms of environmental impact, this alternative is not favorable. Among the many potentially significant adverse impacts continued by this course of action, but precluded by the proposed Local Law are: a) Unchanged density in water quality stressed areas of Orient. b) Poor existing site plan review procedures and standards. c) Proliferation of environmentally damaging uses along sensitive waterfronts. d) Excessive density on Robins Island. e) Excessive strip commercial zoning bordering hamlets. f) Over intense industrial development. g) Insufficient flexibility in cluster developments to produce the best design with least impact. h) Insufficient landscaping and sign control to minimize visual impacts. ENVIRONMENTAL CONSULTANTS & PLANNEF~5 48 The No-Action alternative is thus less able to preclude adverse impacts on the environment than is the proposed set of Local Law. 2. Partial Adoption This course of action considers the adoption of parts of the proposed Local Law, leaving others for further study or no-action. Partial adoption may include text amendments only, or some combination that logically ties together, for example the creation of a five-acre zone in Orient means both a map and a text amendment. Certain text amendments can be separated from the whole set of Local Law and adopted singly. The Affordable Housing District was adopted this way. This is acceptable as long as it is understood that it is a part of a logically conceived implementation of a plan. The danger is to adopt the less controversial elements first leaving more politically difficult amendments to die a slow death. A zoning ordinance to be successfully defended must be based in the comprehensive planning process and on a comprehensive master plan. Ad hoc adoption of parts exposes the municipality to challenges of the method of adoption. Adoption of a comprehensive Local Law amendment provides for a quicker adjustment period and facilitates the publication of a complete up-to-date document rather than a series of slip sheet amendments easily misplaced from one another or the main text. While these are not environmental impacts in themselves, a complete, coherently updated ordinance is easier to ENVIRONMENTAL CONSULTANTS & PLANNERS SAI 49 administer and enforce, which has positive implications for effective environmental protection. At this point in time of the evolution of the present set of amendments to the Zoning Ordinance, full adoption presents the most environmentally benign alternative, compared to the no-action or any set of partial adoptions. 3. Hold For Further Study This alternative is really an extension of the no-action alternative. While no zoning ordinance is perfect nor does any zoning amendment cure all ills, holding up the present set of amendments for further study will protract the possibilities of adverse environmental impacts from occurring due to inadequacies in the current ordinance. It also does not guarantee a better set of amendments in the foreseeable future. That is not to say that there are no existing additional techniques in accepted planning and zoning practice that should not be studied for use in Southold. A major example is transfer of development rights (TDR). Given the proper set of guidelines, TDRs could work in the town. It is a sophisticated concept and procedurally complex, but has been upheld in many courts of law as a legal zoning concept. It perhaps should be studied in depth in the near future, but should not hold up the presently proposed set of amendments which are needed to improve the administration of land use management in Southold. SA! ~ENVIRONMENTAL CONSULTANTS & PLANNERS SAI 50 No additional alternatives to the broad options presented above have arisen durinG the comment period. To reiterate, among the broad alternatives considered, the proposed zoninG code amendments are the most environmentally favorable. Additional planning tools such as TDR; lower density zoning in sensitive areas; purchase of development rights in agricultural, recharge, wetland habitat and other environmentally sensitive areas should be considered by the town. S/Il ENVIRONMENTAL CONSULTANTS & PLANNERS S/il 51 G. IRREVERSIBLE OR IRRETRIEVABLE COMMITMENTS OF RESOURCES A precise determination would of necessity have to be made at the site specific development proposal stage. It is not possible at the level of a Generic environmental impact statement on a Local Law that proposes general zoning amendments to determine all of these commitments in any exact or accurate way. A major irreversible impact will be the commitment of agricultural land to residential, commercial or industrial use. At least half of Southold's existing farmland will be lost to development upon saturation even with the full and stringent application of the land use regulation mechanisms in the proposed Local Law. More would be lost by the no-action alternative. As stated previously, to minimize this occurrence, additional farm preservation mechanisms need to be adopted by the town. Some irreversible loss of public access to the waterfront may also be experienced if appropriate measures are not taken during the development review process. Likewise some views and vistas may also be lost if not reserved for public use. Finally, that quality of life that has been present in Southold for centuries will have changed immutably if the town does not continue to strive for controlled, quality development. In certain areas, due to decisions already made under existing zoninG, the existing and future quality of life has already changed. ENVIRONMENTAL CONSULTANTS & PLANNERS 52 H. MITIGATION MEASURES This section will deal with mitigation measures to minimize adverse environmental impacts that are still possible after adoption of the proposed Local Law. Other measures may of course be raised both in the review of the GEIS and in the site specific EIS process and so this discussion is not meant to limit the mitigation measures possible but to begin the process of considering possible methods. The possible mitigation measures will be considered for each proposal or issue raised in the evaluation of environmental impacts. 1. Marine Business A major concern in the marine business district is pollution of the creeks and poorly flushed bodies of water in which some marinas are located. Providing pumpouts will minimize the chance for human wastes to enter the marine environment. The prevention of surface drainage from directly entering the creeks, the use of low toxicity bottom paints, and adequate disposal of marina solid and hazardous wastes are all general mitigation measures that need to be incorporated to prevent toxic materials from spilling and leaching into the marine environment. Each proposed and existing marine business district should be studied to set bulkhead or pier limits in the channel ways to provide sufficiently wide channels for maneuvering, and to prevent overcrowded marine traffic conditions. ENVIRONMENTAL CONSULTANTS & PLANNERS 53 Coordinated reviews of marina expansion must be made mandatory. Segmented and fragmented reviews in the past have caused uncoordinated marine and land based activities. The results of this uncoordinated review have been overcrowded marine and shore conditions, inadequate parking facilities, uncontrolled winter boat storage, poor street access and a Generally inferior appearance among many of Southold's marinas. The provision of community or public water and advanced waste treatment will be necessary for all new marinas and for expansion of existing marinas to assure a safe water supply, stabilization of the fresh/saltwater interface, and minimal pollution from domestic waste from entering marine waters. Many areas of impact mitigation will be covered in the town's Local Waterfront Revitalization ProGram. Some important measures need to be stressed here however. Most marina expansions accompany proposals for dredginG. DredGinG policies need to be established in coordination with the DEC and Suffolk County Department of Public Works - Marine Division, particularly for spoils disposal. Attention needs to be paid to littoral drift and shoreline erosion when evaluating marina expansion. Installation technique, dock length and dock location, and bulkheadinG all need to be viewed with an historic perspective on the dynamics of the local coastline. Parts of Southold's coastline are moving and shiftinG. Stabilization of a moving coastline has ramifications down drift that need to be accounted for before construction and not after. ENVIRONMENTAl. CONSULTANTS & PLANNERS SAI 54 Finally, in review of marina site plans, care must be taken to assure that specific site areas are allocated to specific uses and that only land above mean high water is counted for upland uses. Marinas typically are mixed and multi-use properties. The interaction of these land uses must be examined. Overcrowded conditions quickly result from vague site plans, non-specific conditions, double counting parking (once for marina and once for a shore use) and segmented review. In conclusion, Appendix C is provided in this GEIS as a reprint from the Long Island Regional Planning Board's Non-Point Source Handbook. This contains valuable recommendations that should be adopted by the town to further protect its creeks and bays. 2. Light Industrial Expansion The light industrial expansion in the vicinity of the Cutchogue Landfill presents some unique planning problems. First, if what is known about the underground conditions in Southold today were known when the location of dump was first selected, the present location would be ruled out early in the process. Its location lies above the Cutchogue groundwater lens in the lens' northeast quadrant. Thus groundwater and leachate flow generally toward the north, due east of Duck Pond Point. If contamination of the aquifer were to occur due to dump leachate, it would be detected in the area north of the present landfill. Care must thus be exercised in the review of all development proposals in the proposed LI and LIO 55 S/Z~I Ltd. t:NVIRONMENTAL CONSULTANTS & PLANNERS Districts with regard to groundwater. Specific measures will be discussed later in this section. The road frontages of the LI and LIO Districts should not be allowed to develop piecemeal because it then becomes difficult to control traffic and visual impacts on separate individual site plans. Integrated planning of the large tracts also becomes difficult. Now is the time for the Planning Board to develop a sketch plan for the entire 250 acre block, while the pressure to develop it is low and the land is vacant, to determine the best allocation of industrial lots, road pattern, drainage, screening and the other features attendant to good site planning. Long range solid waste management plans should also be incorporated into this process. In the Cutchogue LI/LIO Districts, wet industries should be prohibited. Those industries that use significant amounts of water, for example, more than would residential development on a per acre basis, can be classified as "wet" in a town with a sensitive groundwater condition like Southold. Examples are bottling works and processes that use water for cooling or quenching. In addition, the Cutchogue LI/LIO District should be the focal point of application of industrial performance standards with regard to groundwater. This is discussed in more detail later. 3. Creation of the R-40 District In those areas with shallow groundwater and no public water supply where development at this density may cause wells to run dry or turn brackish, at least a Type I SEQR SA I L~d. ENVIRONMENTAL CONSULTANTS & PLANNERS SAI 56 Districts with regard to groundwater. Specific measures will be discussed later in this section. The road frontages of the LI and LIO Districts should not be allowed to develop piecemeal because it then becomes difficult to control traffic and visual impacts on separate individual site plans. Integrated planning of the large tracts also becomes difficult. Now is the time for the Planning Board to develop a sketch plan for the entire 250 acre block, while the pressure to develop it is low and the land is vacant, to determine the best allocation of industrial lots, road pattern, drainage, screening and the other features attendant to good site planning. Long range solid waste management plans should also be incorporated into this process. In the Cutchogue LI/LIO Districts, wet industries should be prohibited. Those industries that use significant amounts of water, for example, more than would residential development on a per acre basis, can be classified as "wet" in a town with a sensitive groundwater condition like Southold. Examples are bottling works and processes that use water for cooling or quenching. In addition, the Cutchogue LI/LIO District should be the focal point of application of industrial performance standards with regard to groundwater. This is discussed in more detail later. 3. Creation of the R-40 District In those areas with shallow groundwater and no public water supply where development at this density may cause wells to run dry or turn brackish, at least a Type I SEQR Ltd. ENVIRONMENTAL CONSULTANTS & PLANNERS S41 56 review of each major subdivision is recommended in order to reveal and assess groundwater impacts. 4. Norris Property Zoning Section E4 on adverse environmental impacts pointed to a concern over groundwater on this site. The original Master Plan recommendation for this site was for an R-80 zoning designation. The R-80 zoning designation is a significant mitigation measure versus existing zoning and for consistency should be reinstated for this site. Failing that, it is recognized that a full DEIS is in preparation for a development proposal on the site. For the purposes of compliance with SEQR, that site specific impact statement will fulfill the review of the Norris Property and its development potential, to determine the significant impacts on the environment if developed at existing zoning. 5. "Sage Boulevard" Zoning No further mitigation than the rezoning described previously is viewed necessary at this time. A development proposal under existing zoning has become dormant. 6. HD District For the floating HD district, some limits are necessary to lessen the change in character possible if every potential acre were developed at the HD density. S/~l Ltd. It is suggested that a reasonable upper limit of ten or fifteen percent of the number of existing single family ENVIRONMENTAL CONSULTANTS & PLANNERS S/Il 57 dwellings be set as a policy limit on housing stock for multi-family housing in each hamlet. This should be adopted as town policy to preserve the essentially single family nature of each hamlet in Southold. It is also proposed that no single development application contain more than one hundred units or more than half of the hamlet's maximum limit, whichever is smaller, under this policy in order to minimize the development's impact within a hamlet unless the Planning Board finds another limit to be more appropriate at the application stage. 7. General Groundwater Mitigation Measures A general mitigation measure applicable town-wide relates to groundwater protection in the planning and management of land use activities to insure quality recharge. It involves the development of a special overlay district encompassing deep recharge and water budget areas. Overlay district provisions should preclude intensive uses except where such uses can meet perfol-mance standards designed to minimize groundwater, surface water or other environmental impacts. SEQR Type 1 assessments should be made mandatory for any residential "down zoning" or change from residential to a non-residential use. Performance standards should be modeled after those developed by the Town of Brookhaven in conjunction with the Suffolk County Department of Health Services (see Appendix D) for deep recharge and groundwater protection districts. SAI ENVIRONMENTAL CONSULTANTS & PLANNERS SA! 58 In addition the town should adopt regulations to limit site clearance and require preservation of natural vegetation to minimize extensive clearing and future lawn areas, and prevent the development of golf courses in critical recharge areas. The town should encourage conservation easements for new development in critical recharge areas or within any special protection district. The taxes for the dedicated areas should be based on the open space value rather than the development value. Conserwation easements should include buffer zones (preservation areas) extending for a minimum distance of 100 feet from river, stream, lake, or pond banks in undeveloped or partially developed lands adjacent to surface waters and land required to protect additional resource areas (wetlands, woodlands, wildlife habitats). Southold should enact a local law limiting the portion of any site that may be cleared and, ultimately used for lawns or other fertilizer demanding areas. The town should require the minimal disturbance of any existing natural vegetation, including the greatest possible protection of natural vegetation should be based upon allowable building coverage and setback provisions of existing zoning requirements and site characteristics. Further, the town should enact local legislation requiring the establishment of buffer zones in new developments, where land.and natural vegetation should be left undisturbed. Buffer zones should be required ENVIRONMENTAL CONSULTANTS & PLANNERS SAI 59 between the edge of lakes, ponds, streams, creeks, bays, the top of the bluff face, and dunes or beach and the edge of site disturbance and/or development. The size of buffer zones required may vary according to the sensitivity of the resource. The buffer zone should also prohibit the installation of lawns directly adjacent to surface waters, since storm water runoff may transport fertilizers applied to lawns to surface waters. ENVIRONMENTAL CONSULTANTS & PLANNERS SAI 60 I. GROWTH INDUCING IMPACTS Growth inducing impacts of the proposed Local Law appear to be limited to hamlet settings. By the nature of the hamlet density proposal it is intended that growth be channeled to those very areas where the existing infrastructure can support increased density, where retail goods and services are concentrated and where other essential facilities such as churches, schools, libraries and public transportation are provided. By adhering to the policies suggested in the GEIS, the distribution and concentration of population increase will be spread fairly across the town and limited in each hamlet in proportion to its existing size so the growth inducement will not be unduly concentrated in any one hamlet. Further consideration of this type of impact should also be done during the review of the application for each proposal. A periodic re-evaluation of the Master Plan and Zoning Ordinance should also be done. The period following the publication of population and housing data from each decennial federal census is normally an appropriate time to re-evaluate community master plans. SAI ,,,. ENVIRONMENTAL CONSULTANTS & PLANNERS SAi 61 J. EFFECTS ON ENERGY RESOURCES By concentrating density into hamlet surroundings, overall energy use, particularly for travel to convenience shops, is decreased. By spreading the distribution of housing opportunities to all hamlets and limiting housing increases to each hamlet, undue concentration of traffic congestion is avoided. By encouraging multi-family dwellings in the HD Districts, domestic energy conservation will be enhanced. Beyond these three general points, more specific assessments on energy resource effects are difficult to make. This should be addressed at the project level. ENVIRONMENTAL CONSULTANTS & PLANNERS SAI 62 K. STUDIES AND REPORTS UTILIZED Except where directly quoted or copied, the studies and reports listed below provide the basis for the discussions and conclusions reached in this impact statement. In order to fully understand the total planning effort undertaken by the Town of Southold since 1980, these background documents are required reading. In addition, other programs the Town has begun, such as the Farmland Preservation Program, have had a vital and lasting impact on the Town's effort to forge its future image. A comprehension and appreciation of these efforts likewise is necessary to fully understand Southold's planning program. me ERM Northeast and Camp Dresser & MCKee. North Fork Water Supply Plan, 1983. 2. Long Island Regional Planning Board. National Urban Runoff Program, 1982. 3. Long Island Regional Planning Board. Non Point Source Handbook, 1984. 4. New York State Department of Environmental Conservation. Long Island Groundwater Management Program, 1983. 5. New York State Department of Environmental Conservation. SEQR Handbook, 1982 6. RPPW Master Plan Update Background Studies, 1983. 7. RPPW Master Plan Update Summary, 1985. ENVIRONMENTAL CONSULTANTS & PLANNERS SAI 63 8. Suffolk County Department of Health Services. Suffolk County Groundwater Resources Management Plan, 1987. 9. Szepatowski Associates, Inc. Town of Southold Local Waterfront Revitalization Program, Tasks 1-3, 1987. ENVIRONMENTAL CONSULTANTS & PLANNERS SA! 64 APPENDIX A MASTER PLAN UPDATE SUMMARY (DRAFT) SZEPATOWSKI ASSOCIATES INC. ~.NVlRONMENTAL CONSULTAN'~S S/Ii 6. HD Districts The proposed zoning amendments include the provision for developments at a "hamlet" density of one dwelling per 20,000 square feet with community water and one dwelling per 10,000 square feet with water and sewer. This district replaces the M and M-I District which allowed development at the same densities, but allowed multiple dwellings as a permitted use rather than as a special exception, as proposed. Thus, reasonable conditions to safeguard the surrounding community from any adverse effects of development at this density can be imposed as well as special exception conditions to achieve the goals and objectives of the Master Plan. S/il ENVIRONMENTAL CONSULTANTS & PLANNERS S/Il 47 Master Plan Update Summary Town of Southold, Suffolk County, New York Town of Southold Planning Board Raymond, Parish, Pine, & Weiner, Inc. Planning Consultants Tarrytown, New York April 1985 TABLE OF CONTENTS INTRODUCTION .............................................. PROPOSED GOALS ............................................ ,OVEP~%LL PLANNING ............... HOUSING/RESIDENTIAL DEVELOPMENT ~[]~[~]~[~][] ECONOMIC DEVELOPMENT ................................. WATERFRONT ................ ENVIRONMENT ......... COMMUNITY FACILITIES/UTILITIES ...................... TRANSPORTATION ....................................... LAND USE PROPOSALS ................ .......,..........--.-. AGRICULTURAL AND RESIDENTIAL o'°°°'''°''''''''°'°'''' Agricultural Conservation ...................... Low Density Residential ........................ Hamlet Density Residential ..................... Office/Residential ............................. Residential/Resort ............................. Residential Capacity ........................... COMMERCIAL ........ :... General Commercial .............................. Marine Commercial/Marine Recreation ............. LIGHT INDUSTRIAL/OFFICE .............................. RECREATION AND OPEN SPACE ............................ Recreation ...................................... Open Space ............... TRANSPORTATION/UTILITIES Alternative Airport ~i~'~~~ Sound View Avenue Extension .................... East Marion Northerly Road ..................... Route 48 Improvement %~.~. Aldrich Lane By-pass 4s'''''''''''''''' ~5 ............... Moore's Lane By-pass to Route 48 ............... }La24LET STUDIES ............................................ PAGE 3 3 3 3 3 3 4 4 4 5 6 6 6 7 8 9 9 10 11 11 11 12 13 13 13 14 15 15 15 16 16 16 16 17 18 NEXT STEPS ................................................ 20 INTRODUCTION A comprehensive Master Plan is a statement of what the Town considers to be its long range goals and the desirable types and patterns of development appropriate to achieve those goals. The plan is comprehensive in that it addresses all aspects of the community -- residential development, economic development, natural environment, community services and facilities, and transportation systems -- and sets forth the approach to achiev- ing the desired ends. The community's Master Plan should never be considered as a static blueprint to be followed without regard to changing condi- tions, but rather should be viewed as a dynamic document to be reviewed periodically and revised as necessary. Moreover, since the plan is intended as a long range statement, the implementa- tion of the plan will take place over an extended period of time. Formal and informal community planning efforts for the Town of Southold have been ongoing for the last several decades. In 1967 a Comprehensive Development Plan was prepared by Raymond and May Associates. Zoning amendments were subsequently adopted by the Town Board and most portions of the original Plan were later incorporated into a Development Plan prepared by the Town in 1978. During the early 1980's development pressures have in- creased on the North Fork. At the same time concern for protect- ing the Town's natural resources including its water supply, began to intensify. These circumstances suggested that it was timely to review the Town's planning objectives and existing Plan. In the fall of 1982, Raymond, retained to assist in updating ment Plan. Parish, Pine and Weiner, Inc. was the Town's Comprehensive Develop- The updating of Southold's Comprehensive Plan has been divided into three basic phases. The first phase involved primarily data gathering and identification and analysis of goals, issues, opportunities and constraints to be considered in developing a plan. Several background reports and maps were prepared to describe and illustrate and analyze existing conditions including: land use; natural resources; water supply; the economy emphasizing agricultural, fishing, and tourist industries, population and housing; community services and facilities; transportation and historic features; planning issues and Town planning goals. This material is incorporated into a report entitled, Master Plan Update - Background Studies. This material formed the basis for the preparation of the Preliminary Plan by the Consultants. LIST OF MAPS LAND USE PLAN ................................... HAMLET STUDY LAND USE pLANS ..................... Mattituck ................................... Cutchogue ................................... Southold .................................... Orient ...................................... Following Page 6 18 18 18 18 18 The second phase has been the preparation of the Plan itself. This process included the preparation of a Preliminary Plan by the Consultants, Planning Board and Master Plan Workshop Commit- tee, a series of meetings for public review and discussion of the Preliminary Plan, and finally the development of a Plan by the Planning Board. This Plan is the Planning Board's recommendation to the Town based on the work of its Consultants and input from the public. The third or implementation phase, involves preparation of the tools necessary to implement the Plan. This phase includes review and revision to the Town's various land development regulations including a revised zoning ordinance together with a proposed revised zoning map. PROPOSED GOALS The goals of the Town of Southold reflect the Town's interest in preserving and enhancing the natural and built environments and providing opportunities for a level of growth and expansion of the economic base that is compatible with the existing scale of development, availability of water existing sensitive environment of the Town and its historic heritage. The following are the goals upon which the Preliminary Plan is based: OVERALL PLANNING Provide a community of residential hamlets that are comprised of a variety of housing opportunities, commercial, service, and cultural activities, set in an open or rural atmosphere and supported by a diversified economic base (including agriculture, marine commercial and seasonal recreation activities). Maximize the Town's natural assets, including its coastal lo- cation and agricultural base and achieve a compatibility between the natural environment and development. Achieve a land use pattern that is sensitive to the limited indigenous water supply and will not degrade the subsurface water quality. ~OUSING/RESIDENTIAL DEVELOPMENT Preserve the existing housing stock and provide the opportunity for the development of a variety of housing types to meet the needs of people at various stages of the life cycle, various income and age levels and household compositions. ECONOMIC DEVELOPMENT Strengthen and diversify the Town's economic base as a means of stabilizing and expanding the tax base and year-round and season- al employment opportunities. WATERFRONT Protect environmentally sensitive coastal areas, maximize public access to the waterfront and achieve economic benefits from water-enhanced and water-dependent activities, particularly well planned seasonal and commercial activities in appropriate lo- cations. AGRICULTURAL PRESERVATION Preserve Southold's prime farmland and encourage the continuation 3 and diversification of agriculture as an important element in the life and economy of the Town. ENVIRONMENT Preserve and enhance waterways, wetlands, beaches. the Town's natural environment including tidal marshes, woodlands, bluffs, dunes and Maintain and protect Southold's agricultural heritage and pasto- ral and open qualities. Ensure that there is an adequate quantity of high quality ground water to serve Southold's present and projected year-round and seasonal populations. Promote a development pattern that is responsive to sensitive areas exhibiting prime agricultural soils, poor drainage, high water table, high erosion hazard, flood hazard, sensitive coastal features, great scenic quality and woodlands. Maintain and improve surface water quality. Maintain and protect finfishing and shellfishing habitats. CULTURAL ENVIRONMENT Preserve the historic, cultural, architectural and archaeological resources of the Town. Preserve and strengthen the hamlets as cultural, residential and commercial centers of activity in the Town; as a means of contri- buting to the preservation of historic buildings and areas and encouraging a "sense of place." COMMUNITY FACILITIES/UTILITIES Ensure the provision of an adequate range of community facilities and services to accommodate existing and future Town needs in a convenient and cost effective manner. Maintain and improve existing utility systems and determine where it is appropriate to expand water supply, sanitary sewer, storm drainage and solid waste disposal systems in order to support the desired level of development and to maintain and protect a healthful living environment, a viable economic base and the natural environment. Provide an open space and recreation system adequate in size and location to accommodate a range of facilities to serve the total (seasonal and year-round) population. 4 TRANSPORTATION Insure efficient movement of people and goods within Southold, as well as into and out of Town, in a manner that maximizes safety and maintains the scale and integrity of residential and agricul- tural areas. 5 LAND USE PROPOSALS In addition to reflecting Town goals, the land use recommenda- tions are influenced by numerous factors including the charac- teristics and scale of existing development, characteristics of the land, past and anticipated trends, quantity and quality of subsurface water, and capacity of existing services and their potential for expansion. Moreover, while current patterns of use and density have influenced the Plan, particularly in a number of residential areas, other areas, presently vacant or in agricultural use, are designated for low intensity use, based largely upon ground water considerations. The land use categories in the Plan are general indications of how various areas should be utilized and include identification of lands that should be preserved if and when further development takes place (see following Land Use Plan map). These categories reflect desirable predominant land uses and are not to be construed as zoning regulations. AGRICULTURAL AND RESIDENTIAL Future major residential development is encouraged to locate in and around existing hamlets in order to preserve and enhance the historic and cultural centers of the community, to support existing commercial centers, to provide locations for moderately priced housing and to encourage efficient and effective provision of community facilities and services including recreation, water and sewer systems, where appropriate, and public safety (fire and police). Generally lower densities are proposed in the remainder of the Town particularly in agricultural areas, in coastal areas adjacent to inland waterways and wetlands and where domestic water supply is uncertain or limfted. Even lower densities are reflected in areas where water is particularly scarce and/or where extensive areas of environmentally sensitive features particularly wetlands are found, including part of the area south of the Main Road in Orient, on the eastern end of Fishers Island, 'and on Robins Island. Agricultural Conservation Sizable portions of land throughout the Town that are currently in agricultural use and/or possess prime soils for farming (Classes I and II) are designated for Agricultural Conservation. Within these areas, which total slightly less than 10,000 acres in what is essentially a critical mass of contiguous lands, non-farm related development should not be encouraged. 6 I LAND USE PLAN SUFFOLK COUNTY NEW YORK Lillle Pecoflic 8o! Residential Low Density Residential Low Density B Rssidenti~31 Low Density C Residential Low Density D Resort/Residential A Resort/Residential B Residential/Office Hamlet Business General Business Marine Recreation Marine Business Light Industrio Light Industrio~ Tr~nsport~,ti~ R~re(]tion O~n Spoce Public/Semi F'mposed Ro~ Proposed SHELTER ISLAN Light Industrial/Office F~rk Light Industrial Transporlation / Utilities Recreation om. sp~c, Public/Semi- Public Pro~sed Ro~d Proposed Road Improvement The major purposes of this category are to retain farmland, contribute to the encouragement of farming and agricultural activities to retain the agricultural and rural quality of the Town, and to provide some opportunity for rural residential development. The establishment of an Agricultural Conservation category represents an important policy statement. In order to protect farmland, the basic residential density in this category is one dwelling unit per two acres. This lower residential density is one element of a package of techniques to be utilized to carry out the preservation policy. Use of a combination of techniques including County and Town acquisition of development rights, special agricultural land use regulations, mandatory clustering of large sites, agricultural use land assessments and possibly a future system of transferring development rights will be necessary. Included within the Agricultural Conservation designation are properties totaling over 500 acres whose development rights have already been acquired as part of the Suffolk County Farmland Preservation Program. This already assures that these lands will remain in agricultural or open space uses in perpetuity. In the near future, additional development rights will be purchased by the Town of Southold as part of the Town's Agricultural Preserva- tion Program. Expanded acquisition of development rights by the Suffolk County Farmlands Preservation Program will preserve additional farmlands. The long term viability of this program is essential to the ability to carry out this policy. Low Density Residential Low Density Residential development at densities ranging from one dwelling per one or two acres for most of the non-agricultural lands, to one unit per three acres (east end of Fishers Island), one unit per five acres (portions of Orient) and one unit per ten acres (Robins Islands) is recommended throughout most of the remaining areas of Southold. These low densities are particular- ly applicable to coastal areas to protect the ground and surface waters and environmentally sensitive portions of the Town includ- ing wetlands, beaches, bluffs and dunes. Generally, the Low Density designation on the plan map indicates one unit per two · acres; however, areas that are predominantly already developed with greater density are also shown as low density; the zoning map will indicate the differentiation between areas where two acre zoning is desirable and areas where one acre zoning may be appropriate. This low density, combined with creative development techniques such as locating permitted residences on non-environmentally sensitive lands and keeping other lands open (clustering), can serve to achieve both residential and environmental planning goals. In northern areas of the Town where there are bluffs, 7 beaches or dunes, mandatory clustering is recommended to assure protection of these features. Moreover, since most of this area is dependent on ground water and individual wells, very careful consideration has to be given to the impact of any proposed development on the ~round water quality and quantity. Uses in these areas would be primarily residences with a contin- uation of agricultural activities wherever feasible. Hamlet Density Residential The Plan proposes that the major hamlet centers cDntinue to be .the residential-business-service centers of the Town. For purposes of the Plan, the major hamlet centers are Mattituck, Cutchogue, Southold and Orient. New Suffolk, Laurel, Peconic and East Marion and Fishers Island are also included as hamlet centers. Each of the hamlet centers, particularly the major hamlet centers, can be characterized as a small resident/al community comprising a variety of uses and activities, the density of which is dependent primarily upon the level of utility services and characteristics of existing development. GreenpoTt, which of course is a separate village, can also be thought of as functioning as a hamlet center. The residential portions of these hamlets (non-residential areas are defined below) can offer opportunities for more intensive and varied housing than in most of the remaining residential areas of the Town. The Hamlet Density areas are not shown on the Town-wide plan map, since in the future, sites will become eligible fox these higher densities on the basis of three criteria: locati~m relative to the hamlet business area, availability of utilities and provision of moderate cost housing. There are areas shown in the hamlet density residential category on individual hamlet maps indicating locations where multiple dwellings have already been constructed and/or parcels for which M-Zone approval has been given that are contiguous to the hamlet central business area. Each of the. major hamlets has a business center. The one acre density for residential uses will be retained as the base in the hamlet center areas and within the radius of approximately one-quarter mile from the hamlet business district of Orient and one-half mile from the hamlet business districts of Mattituck, Cutchogue and $outhold hamlet areas, and one-half ~ile from the Village of Greenport boundary, a higher density can be applied for only if the criteria outlined here are met. Commdnities of this size are appropriate for purposes of planning. This is 8 generally considered a reasonable size community for service, interaction among residents and access to various activities. In order to develop properties for residential uses at a density greater than the base density, an approved central water supply is required, and to develop within this area at a density greater than two units per acre, a sewage treatment facility or con- nection to a sewer system would be needed. Thus, if public water service were available, but sewage treatment were not available, the maximum density permitted would be two units per acre or 20,000 square foot lots for conventional subdivision. If public water and sewage treatment were available, then areas designated as Hamlet Density could be developed at densities up to four units per acre. To reach maximum indicated densities around the hamlet centers some expansion of the Greenport water and/or sewage treatment systems may be required or the creation of new water supply and distribution systems and sewage treatment systems will be neces- sary. Thus, the maximum Hamlet acre) would be permitted place or can be assured moderate cost housing. Density development (four units per only where necessary utilities are in and where there is the provision of The Hamlet Density category is also designed to support the establishment of innovative techniques for getting the optimum ~se out of existing housing. This could include approaches such as the creation of accessory apartments in homes where owners occupy the premises, appropriate utilities are available and sites are of sufficient size. Lower cost housing can also be achieved by permitting residences on upper floors of commercial buildings in the business areas. Office/Residential Areas in the category of Office/Residential have been designated in the hamlets of Mattituck, Southold and Cutchogue. This designation has been used primarily for areas that are currently in mixed use along major roads, but which are not appropriate for commercial or exclusively residential use. These areas serve as a transition between more intensive and less intensive uses. The parcels are generally smaller than those in the office-industrial park category. Residential use will be permitted in these areas at the same density as the Hamlet Residential. Nonresidential uses such as business and professional offices, insurance sales and real estate offices are accommodated in these areas. Residential/Resort Two sub-categories of areas to accommodate seasonal and resort 9 development are included. The difference is in intensity of activity, since the density will be based upon access, services, and underlying and/or adjacent residential density. The higher density, similar to Hamlet Density Residential, is designated Residential Resort B. The lower density, comparable to the low density residential category, is Residential Resort A. In areas designated as Residential/Resort A, the emphasis will remain on residential development with limited resort development carefully planned on large parcels and integrated into the residential environment. The density in these areas will be the same as iow density residential densities, i.e. the equivalent of one residential unit per two acres or less. Areas north of Cutchogue, possibly served by an extension of Sound View Avenue, would include lands appropriately utilized for residential/resort purposes in the lower density category. Resort and seasonal development at the higher density, an impor- tant element of the Town's economy, is indicated for areas where seasonal resort development is now concentrated, e.g. motels, restaurants, campgrounds and where cottages are developed on a single lot. It is also indicated for areas where such a future use would be appropriate. Those portions of the north shore of the Town in the vicinity of Arshamomaque Pond and north of Chapel Lane represents extensions of areas currently utilized for seasonal resort commercial businesses. In addition, other coastal areas of the Town might be utilized for water-related resort purposes. This type of use can be permitted if it does not have an adverse effect on environmental features, current development or on water supply. Since the resort units could be utilized year-round, possible impacts of any such development must be considered on a year-round basis. Moreover, included in both categories would be uses such as conference facilities and specialized resorts (tennis, golf, health, etc.). Residential Capacity Residential development in Southold is both year-round and seasonal. Since so much of the seasonal housing may have the full impact of a year-round unit because it can be utilized year-round and therefore has the potential to use water and other services as year-round units, for planning purposes, all housing is considered year-round. Depending on a number of factors, including how many development rights are acquired from farmland, the eventual extent of water and sewer service, and how many of the existing approved lots are developed, the preliminary plan has a capacity for 10-14,000 additional dwelling units (year-round and seasonal from all 10 residential categories as well as residential uses in hamlet business and marine business categories}. This range includes approximately 2,500 existing infill lots and mapped unbuilt subdivisions. This new development would be added to the 7,500 existing year-round and nearly 3,000 seasonal units. While further refinement of this number is necessary over time, the lower figure assumes that about 2,000 acres of farmland are preserved through the Development Rights program and no signifi- cant water or sewer expansion takes place. If the household size stays at the current figure of about 2.5 persons, and the lower figure is utilized then there would be approximately 25,000 additional residents. It is likely that about one-third will be seasonal. Therefore, the probable additional year-round popu- lation would be about 17,000, above the current population of nearly 20,000. If two-thirds of the larger number of 14,000 were utilized, an additional 24,000 year-round residents might be anticipated. This is within the capacity of the available water supply as projected by ERM Northeast in their North Fork Water Study and Southold Town Water Study. COMMERCIAL Hamlet Commercial Retail commercial uses and commercial services are, in general, recommended only in hamlet centers. Expansion of "strip" retail commercial uses along the Town's major corridors, State Route 25 and County Route 48, will be discouraged since this type of development can weaken existing commercial centers which have capacity for expansion, result in increased traffic congestion and conflict, and undermine the visual and aesthetic appeal of the Town. Within the areas designated as Hamlet Commercial, retail uses predominate; however, there may also be some office, public, semi-public and residential uses that are part of the cultural and activity cores of the communities of Southold Town. Laurel, Mattituck, Cutchogue, New Suffolk, Peconic, Southold, East Marion, Orient and Fishers Island all have areas indicated as Hamlet Commercial. General Commercial In several areas of the Town there are existing concentrations of commercial development within the hamlet area but outside the hamlet center. These areas have been designated General Commer- cial. Several key locations are: west of Mattituck center; east of Cutchogue; north and west of Southold, and west of Greenport. While some retail uses may be found currently in these portions, future commercial use would more appropriately include auto- oriented business, wholesale and distribution business, 11 contractor yards and other heavy commercial activity. Since some of these activities would not be appropriate in the hamlet center business areas, these two types of commercial areas can comple- ment each other and tend to avoid dilution of the hamlet center commercial uses. There are several areas designated in this category where there is already concentration of commercial uses. In a few cases the plan shows an expansion of the area currently used for general commercial purposes. There are numerous individual businesses scattered throughout the Town located in areas planned for non-commercial activity that have not been shown on the planning map. While these uses would remain and retain appropriate zoning, the planning for these areas reflects the broader policy of encouraging concentration of commercial activity and avoiding spot zoning and strip develop- ment. The expansion of commercial development, therefore, would be limited to areas designated in the Plan. Marine Commercial/Marine Recreation Marine-related water-dependent uses are encouraged at appropriate locations on or near the coast and/or along creeks and bays where they do not negatively impact on residential neighborhoods or the natural environment. The demand for expanded mooring and storage space is high and is likely to grow, but potential sites are limited. Given this limited availability of appropriate water- front sites including creeks, alternate approaches such as on-land stacking of boats have to be considered. - The Land Use Plan distinguishes between strictly recreation-oriented marine activity, Marine Recreation, and more intensive commercial marine activity, Marine Commercial. The Marine Recreation category is recommended for locations along creeks that have suitable harbor areas, but less tidal flushing than is possible in bayfront or soundfront locations. Opportunities for boat docking and launching including marinas and yacht clubs will be provided. Opportunities for restaurants, bed and breakfast establishments and resort hotels or hotels can also be available under more limited conditions. The Marine Commercial category is utilized for more intensive commercial marine activity, which could include marinas and boat yards with boat building, mooring facilities for recreational and/or commercial boats, mariculture operations and where appropriate, fish processing facilities or ferry terminals. Marine Commercial areas could also include some water-enhanced uses such as restaurants, resort hotels or motels, and marine oriented retail stores or museums. 12 This category is generally used for properties that front on the bays where there is extensive tidal flushing. An exception to this is a site proposed for Marine Commercial use on the eastern side of Mattituck Creek since this creek is the only harbor area available to commercial fisherman on the northern Sound side of the Town. Proposed sites for marine commercial use primarily reflect sites that are currently utilized for boat mooring and marine commer- cial purposes. In addition, marine-related areas in the vicinity of Budd's Pond and Sage Boulevard have been proposed for expansion to help in meeting future water-related needs. LIGHT INDUSTRY/OFFICE This category has been designed to accommodate major economic development activities. The Light Industry/Office category is proposed for several accessible areas on the periphery of the hamlet centers, e.g. west of Mattituck, north of Southold hamlet, and west of Greenport which might ultimately be served with utilities and would be most appropriate for the establishment of an office park, research center or light industrial park, as well as land north of Cutchogue hamlet near the Town landfill site that may also be appropriate for such uses. Portions of these areas are already in such use. Any uses in these areas should be of the type that will not negatively impact the ground water. The areas are of sufficient size to permit adequate buffering to protect adjacent properties. Existing smaller industrial areas are also included in this category. Some of these areas will require a separate zoning designation to account for those areas that may not be able to meet to lot and coverage standards of the larger areas. RECREATION AND OPEN SPACE Recreation Areas indicated in the Recreation category include: parks and beaches that are publicly owned by New York State, Suffolk County, Southold Town, or one of the four Park Districts in the Town; privately owned or group such as property owners' clubs; owned recreation facilities association beaches and golf proposed sites for new or expanded park facilities to create additional recreational opportunities, provide access to the waterfront and preserve sensitive en- vironmental features. 13 The major emphases of the Park and Recreation element are to assure access to a range of passive and active recreation areas or facilities for persons in all areas of the Town and to expand access to the water. A site for a major year-round swimming/ recreation center to serve the entire Town is adjacent to Peconic Senior/Youth Center. It is centrally located and accessible from all areas. The Plan includes proposed expansion of parkland near Peconic Dunes Camp and possible new parkland sites near Arshamomaque Pond, Dam Pond, in Bayview off Southold Bay and in the Pipes Cove and Gull Pond areas outside Greenport. The Plan incorporates a policy protecting and increasing opportunities for public access to the water as well as a policy of setting aside localized neighborhood playground/park areas and beaches through the development process. Recreation facilities may be public such as Town or Park District owned facilities or they may remain private such as association beaches and private clubs. All of these contribute to the resources available to residents. Open Space The Open Space category is utilized to designate areas that are set aside for open space/preservation purposes, e.g. Nature Conservancy holdings, as well as to designate those lands con- taining sensitive environmental features such as dunes, bluffs, beaches, and wetlands that should be kept open and preserved even as part of larger developments. The category also includes cemeteries. The open space category is used as a planning tool and will not appear as such on the Town's Zoning Map. Areas shown in the Open Space category on the Plan include privately owned but undeveloped areas containing the above mentioned sensitive environmental features (whereas environmentally sensitive features have generally not been shown in areas that are already primarily developed). This open space category has been utilized to highlight natural areas in need of protection and preservation so that careful planning can be undertaken if any development is proposed that might negatively impact environmental features. (A mapped inventory of natural resources and environmental features within the Town on both developed and undeveloped parcels can be found in the Master Plan ~pdate - Background Studies report.) The planning policy is to keep these areas open, but not neces- sarily public. Much of this land will always be privately owned, but needs to be protected. In some cases, it may be possible and desirable to cluster development in an adjacent area to avoid building in these environmentally fragile and/or erosion prone 14 portions. In other cases it will be desirable to increase public access to coastal features, especially beaches. Access via easements that may be obtained as part of the development process should be pursued. It may also be desirable to acquire some larger parcels through donation or purchase. Thus, this category does not indicate that all properties includ- ed should be available for public access, but it can give the Town guidance in identifying natural areas that need protection and/or might be suitable for Town acquisition and/or use. PUBLIC/SEMI-PUBLIC FACILITIES Major Public/Semi-Public uses in the Plan primarily include schools, governmental offices, places of worship, firehouses, police station, libraries, post offices and museums. Most of the sites except schools, are not necessarily guished on this Plan map since they are integral parts idential neighborhoods, agricultural or business areas. policy is to retain these uses where they exist. distin- of res- The Plan No major new sites or major expansion are anticipated. Second firehouse sites in Cutchogue and in Orient are proposed as part of the Plan, but no specific sites have been incorporated into the Plan. In selecting sites, better access to portions of the service area are the primary consideration. Whenever there are plans to relocate a post office in the Town, every effort should be made to keep the facility near the hamlet center. A portion of the Town landfill site is included in a proposed industrial area and the remainder is shown in the Agriculture Conservation category. The landfill site is limited in the extent of its current use, but more study of the alternatives for solid waste disposal is necessary. TRANSPORTATION/UTILITIES In addition to roads, the Transportation/Utilities designation is used for train stations, ferry docks, utility companies' prop- erties and the existing airports in Mattituck and on Fishers Island. The Plum Island Ferry Dock, however, is shown in the Marine Commercial category. Alternative Airport Sites Deleted by Planning Board Resolution of August 24, 1987. 15 Sound View Avenue Extension The Plan includes a proposed new road in the northwestern portion of the Town which would be an extension of Sound View Avenue eastward from Mattituck to Bridge Lane north of Oregon Road in Cutchogue. This road will be located so as to facilitate utilization of the Long Island Sound waterfront, provide scenic vistas, and provide opportunities for limited residential and/or residential resort development without intrusion into areas designated for agricul- tural use. While the road is shown schematically, actual plans may indicate locating the road at varying distances from the Sound and bluffs (in any case, beyond the Town's required setbacks) in order to provide for public enjoyment of scenic vistas. East Marion Northerly Road Deleted by Planning Board Resolution of August 24, 1987. Route 48 Improvement The Plan includes a proposal to improve Route 48 from the vicin- ity of Kenney's Road north of Southold to Manhasset Avenue east of Greenport. Route 48 west of Kenney's Road has already been widened to four lanes; this improvement should be continued eastward to ease congestion on Route 25 by accommodating truck traffic and second home and seasonal traffic heading to or from the eastern portions of the Town. The increase in capacity will not be of such magnitude as to encourage large increases in traffic, but is important to redDcing congestion and maintaining the quality of the hamlets. Aldrich Lane By-pass to Route 48 Several alternative approaches to relieving congestion in the hamlets of Mattituck, Cutchogue and Southold as well as the Village of Greenport have been explored. The Master Plan in- cludes the Aldrich Lane by-pass as the most comprehensive ap- proach to relieving traffic congestion on Route 25, by detouring through traffic from the far western portions to the eastern portions of the Town, as well as in the reverse direction. 16 Signs should be improved on Route 25 in Laurel directing truck drivers and travelers to the eastern portions of the Town to utilize Route 48 as an alternative to Route 25. In a similar fashion, drivers traveling westward from Orient, East Marion and eastern Greenport should be encouraged by well-designed and placed signs to take Route 48 and Aldrich Lane rather than Route 25. Moore's Lane By-pass to Route 48 For those who wish to travel through some of the hamlet areas, but avoid the Greenport business district and ferry traffic, the New York State Department of Transportation is recommending re-routing of Route 25 through traffic to and from East Marion and Orient to Route 48 via Moore's Lane, just west of Greenport. While there is some objection on the part of the Greenport business community to this recommendation, two signs -- one indicating "Greenport Business Area" and another indicating "Through Traffic" -- could be used to give travelers, particularly truck drivers, a suitable choice of routes. 17 HAMLET STUDIES As part of the master plan update, each of the four major hamlet centers including Mattituck, Cutchogue, Southold and Orient were examined in some depth and more detailed plans were prepared. Existing conditions and various factors affecting planning, including types of development, vacant land, parking and traffic patterns, natural or environmental features, and historic areas were analyzed. Various existing issues and implications of current land uses and problems and opportunities associated with land development were examined: vacant areas were studied and possible future uses of or development patterns on these parcels were explored; the relationship between natural features such as creeks and wetlands and vacant parcels and means of protecting the natural features and ground and surface waters were examined; the historic character of each hamlet and historic buildings within hamlet areas were identified; and the desire to preserve agricultural areas was considered. A plan was developed following Hamlet Land designed to: for each of the Town hamlet areas (see Use Plan maps). Each hamlet plan was - maintain the hamlet as a community focal point and an activity center; - strengthen the existing retail and service commercial uses in the hamlet centers; - provide adequate parking for commercial and public uses; provide for a range of housing for younger and older resi- dents with a range of income levels within the hamlet areas, with higher densities near the center and lower density in outlying areas. The base density of one unit per acre is shown on the hamlet maps and the range of possible densities would be limited by the availability or provision of utilities and the provision of lower cost housing; - recognize that transition areas exist between the hamlet business areas and outlying residential areas; provide for some auto-oriented, general commercial uses at the outer edge of the hamlet to complement hamlet center commercial uses; where appropriate, provide areas of sufficient size to establish office parks or light industrial parks to offer opportunities for expanded economic development within the Town; Reside~ial Low Density (1 D.UJ2 roms) (1 D.U./ac~) Light I r~..~il/ Office Park ' L~'~t Indue'iai Recreation Train Station Public Pa'king t.aim Land Use Plan '~-~"~:,-':' ='~'*;'" Matfituck Master Plan Update ~- - Residential Low Den~ty (1 D.UJ2 ac~s) (1 D. UJacm) Hamlet De~ (4 D.U./~m) ~/~ Hamlet Busi~ Public Parki~ Ar~ Master Plan Update Residential Low DensiW (1 D.U./2 acres) I:~s~de~al Low Density (1 D.U,/acre) Hamlet Density (4 D.U./ac~e) . Gener~ Bu~ness Light Indu~zial/ Office Park I.ig~! Industrial Recreation Public Parking Area Train Station Proposed Road In'~orc~e'ne~t Land Use Plan ~=~.~ ~',~-',~,; Southold Master Plan Update ~ - 41 g.U./5 Low Oemi'~y ll D.U/2 Open Space School Land Use Plan ~ ~j: Orient Master Plan Update ~- - Town of Southold, Suffolk County, New York provide areas for recreation activities as well as open space areas for passive recreation opportunities and for protection of environmental features; suggest road improvements where desirable for smoother traffic flow within the hamlet and/or the Town; preserve agricultural use of land where prime soils exist and a sufficient number of contiguous parcels have remained in farming activities to maintain the viability of agricul- ture in relative proximity to the hamlet center. protect the quality of ground and surface waters and natural environmental features. 19 NEXT STEPS This proposed Master Plan reflects extensive discussion through- out the community and a consensus on the policies and the plan itself. Once the plan is adopted by the Planning Board and Town Board, steps will be necessary to implement plan recommendations. These steps will include: review of the proposed zoning ordin- ance and adoption of proposed zoning changes to implement land use recommendations incorporated in the Plan; review existing subdivision regulations and regulations dealing with environ- mental protection and historic preservation; a comprehensive program to protect agricultural lands including establishment of mandatory clustering (also necessary to preserve sensitive environmental features listed as open space areas and aquifer areas}; provisions of a series of measures to encourage and facilitate the development of lower cost housing particularly for younger and older segments of the Town's population; coordination of traffic improvement recommendations with the New York State Department of Transportation and the Suffolk County Highway/Pub- lic Works Department; and development of a capital expenditures program to outline and establish a means for providing necessary public improvements including water and sewer and recreation. 2O APPENDIX B PROPOSED LOCAL LAW SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS S,41 INDEX Zoninc. i Code Amendments Article I - General Purposes 100- 10 Purpose 100-11 Interpretation & Conflicts 100- 13 Definitions Article II - Districts 100-20 District Designations 100-21 Zoning Map 100-23 Effect of Establishment of Districts Article III - AcjriculturaI-Conservation District I00- 30 Purpose 100-31 Use Regulations 100-32 Bulk. area ~ parking requirements 100-33 Accessory buildings Article Ilia - Low Density Residential R-410 District 100- 30A Purpose 100-31A Use Regulations 100-32A Bulk, area & parking requirements 100-33A Accessory buildings Article IV - Hamlet Density Residential (HD) District lOO-qO Purpose 100-~1 Applicability 100-02 Use Regulations 100-~.3 Bulk. area 5 parking requirements Article V - Affordable Housinq District (AHD) 100-60 Purpose 100-52 Applicability 100-53 Use Regulations 100-50 Bulk, area F. parking requirements 100-55 Application Procedure 100-56 General Regulations & Requirements 100- 57 Administration 100-58 Applicability of Town Code Article VI - Resort Residential (RR) District 100-60 Purpose 100-61 Use Regulations 100-62 Bulk, area & parking requirements Article VII - Residential Office (RD) District ] 00- 70 Purpose 100-71 Use Regulations 100-72 Bulk, area & parking requirements 11 11-12 12-19 19- 20 20 21 21 22 22 22 23 20-25 25 25 26-29 29-31 31-32 32 33 33-30 30 35 3~-36 36 Article VIII - Limited Business ILB) District 100-80 100-81 100-82 Purpose Use regulations Bulk, area ~, parking requirements Article IX - Hamlet Business (HB) District 100-90 100-91 100-92 100"93 Article X - General Use regulations Bulk, area S parking requirements Uses confined to enclosed buildings Business (B) District 100-100 100-101 100-102 Purpose Use regulations Bulk, area t, parking requirements Article XI - Marine I (MI) Oistrict 100-110 100-111 100-112 Purpose Use regulations Bulk, area & parking requirements Article Xll - Marine II (Mil) District 100-120 100-121 100-122 Article XIII - IJqht 100-130 100-131 100-132 Article XIV - t.icjht 100-100 100-141 100-102 Purpose Use regulations Bulk, area & parking requirements Industrial Park/Planned Office (LID) District Purpose Use regulations Bulk, area & parking requirements Industrial (Ll) District Article XV 100- 150 100-151 Purpose Use regulations Bulk, area & parking requirements Density, Minimum Lot Size and Bulk Schedules Existing Bulk & Parking Schedule Density, Minimum Lot Size & Bulk Schedules Density, & Minimum Lot Size Schedule for Residential Districts Bulk Schedule - Business, office & Industrial Districts Bulk Schedule - Residential Districts Density & Minimum Lot Size Schedule for Non- Residential Districts Articles XVI & XVII - Reserved Article XVIII - Cluster Development 100-180 Purpose 100- 181 Appll cabi ii ty Article XIX - Parkin~ & Loadinq Areas 100- 190 Purpose 100-191 Off-street parking areas 100-192 Off-street loading areas 37 37-38 38 39 39-41 41 41 n2 46 q6- q7 47 48 48- ~9 49 50 50-52 52 53 53 53 55 56 57 58 59 59 63 63-70 71-72 Article XX - Signs 100-200 100-201 100-202 100-203 100-204 100-208 100-206 100-207 Permits required 6 Administrative Procedures General design principles Sign prohibitions 6 general restrictions Limitation of sign content or copy Regulations regarding specific types of signs Unsafe, abandoned & unlawful signs Continuation of existing signs Article XXI - Landscaping screenincj 6 Buffer Recjulations 100-210 Purpose 100-211 General requirements 100-212 Front landscaped area 100-213 Transition buffer area 100-214 Landscaped parking area 100-215 Property adjacent to creeks Article XXII - Reserved 100-230 100-231 100-232 100-233 100-234 100-235 100-236 100-237 100-238 100-239 100-239a 100-239b 100-239c Supplementary Regulations Exceptions and modifications Height of fences, walls & hedges Corner lots Building length & separation for buildings containing multiple dwellings Courts Access requirements Open storage Prohibited uses in all districts Provisions for community sewer, water & utility fact[it les Land under water; filled land Excavations Tourist camps,camp cottages & trailers Berms Article XXIV 100-240 100 241 100 242 100-243 10G-244 100-245 100-245 - Noncon~rmin9 Uses and Buildinqs Purpos~ Noncon~rming uses Noncon~rming buildings with conforming uses Noncon~rming buildings with noncon~rming uses Nonconforming Lots Repairs and maintenance involuntary moves Article XXV - Site 109-250 100 251 100 282 100-253 100-254 100'255 100 260 100 262 100-263 100-264 100 265 Plan Approval Purpose General requirements Objectives Effect of Approval Site Plan elements Special Exception Uses Purpose Special exception uses Rules of conduc£ & procedure for special General Standards Matters to be considered Additional Conditions & safeguards 73 73-74 74-75 75-76 76 76-78 78-79 79 80 81 82 82 83 84 84 84 84 84-85 85 85-86 86 86-87 87 87 87-89 90 90 90-91 9ia 9la 9la 92 92 92-93 93-94 96-98 99 99 99-100 102 Article XXVII - Board of Appeals 100-270 Appointment; membership 100-.271 Powers & duties 100-272 Additional conditions &' safeguards 100-273 Rules of conduct ~, procedure 100-27~t Fees 100-275 Notice of Hearing Article XXVIII - Administration & Enforcement 100-280 Administrative & enforcing officer 100-281 Building Permits 100-282 Revocation of permit 100-283 Stop orders 100-28q Certificates of occupancy 100-285 Penalties for offenses 1 O0- 286 Remedies Article XXIX - Amendments {Present Articte XV is renumbered XXIX and sections 100-150 to 100-152 renumbered 100-290 to 292 respecttvelyJ Article XXX - Severability 103 10q 105 105 105 106 106-108 108-109 109 109-110 I10 111 Ill 100-300 Severability 111 (- C LOCAL LAW NO. , 1986 A Local Law to amend the Southold Town Zoning Code and the Zoning Map incorporated therein, to implement. in whole or in part, the recommendations of the Master Plan Update prepared by the Planning Board BE IT ENACTED by the Town Board of the Town of $outhold as follows: (additions indicated by underline; deletions by [bracketsl.) Chapter 100 of the Code of the Town of Seuthold (Zoning) is hereby amended as follows: 1. Article I. Section 100-10 (Purposes), subdivisions E and C are amended to read as follows: E. The maximum protection of residential and historic areas. G. The enhancement of the appearance of the Town of $outhold as a whole particularly its open and rural environment. 2. Article I, Section 100-10 (Purposes) is amended by adding two new subdivisions thereto, to be subdivisions K and L. to read as follows: K. The protection of the subsurface water supply and surface The protection and enhancement of the coastal environment. Article I. Section 100-11 (Conflicts) is amended by amending the title of such section, and adding thereto a new subdivision, to be subdivision Co all to read as follows: Section 100-11. Interpretation and Conflicts. In their interpretation and application, the provisions of this chapter shall be held to be the mimmum rec{u~rements adopted for the promotion of the puhtic health, safety, and wetfare. Except where specifically provided to the contrary, !t is not intended bY this local law to repeal, abrogate, annul or in any way to impart or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuan't to law relating to the use of buildlngs, structures, shelters or premises; nor is it intended by this chapter to interfere with or ahrocjate or anna) an,// easements, covenants or other a(~reements between parties. Article I. Section 100-13. subdivision B, (Definitions and usages) amended by amending and/or adding the following terms: Definitions and Usaqes. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meaning as herein defined, Any word or term not noted below shall be used with a rneanin9 as deJ'i~-d--~--~/~]os't~ri~'¥J{i~'~l hi~ ~[est ~ition) . ~ ..... ACCESS - A physical entrance to property. ACCESSORY APARTMENT - A dwellino unit created in a presently existing one-family dwellincJ pursuant to Section ~00-31L~ ACCESSORY BUILDING OR STRUCTURE - A buildinc~ or structure detached from a principal buiidinc~ located on the same lot as, and customarily incidental and subordinate to, the principal building.. ACCESSORY USE - A [building or] use [clearly] customarily. incidental Jori and subordinate to, [and customary in connection wilh, the principal or use on the same Iot.~ the main use on a lot. whether such "accessory use" is conducted in ADDITION - A structure added to the oric. Jinal structure at some t~ne after the completion of the original. AGRICULTURE - The production, keepinc~ or maintenance, for sale. lease or personal use. of plants and animals useful to man, includinc. I but not limited to: forac, tes and sod crops; c,.Irains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, includinc~ beef cattte, shoeD, swine. horses, ponies, mules, or ~loats, or any mutation of h-~brids thereof, including the breeding and (.~razing of any or all or such animals; bees and apiary products' fur anima s, fru ts ot all kinds, including <:jrapes, nuts and berries; vegetables; floral, ornamental and greenhouse products: or lands devoted to a soil conservation or forestry management program. APPLICANT - The landowner or the agent, optionee, contract purc~ser or other person authorized in writinc. I to act t'or the landowner in sul3mittincJ an application under this chapter. APPLiCATiON FOR DEVELOPMENT - The application form and all accompanyi.ng documents and exhibits recruited of an applicant by an a~prov~ncj authority for development and/or site plan review purposes. AUTOMOBILE SALES LOT OR BUILDING - A lot or build]nc) used for the sale or hire of automol3ile eguipment. This shall be interpreted to include new and used car dealerships and auto accessory salesrooms but not the sale of iunked automotive equioment. BED AND BREAKFAST - The rentin(~ of not more than three (3) rooms in an owner Occupied dwelling for Iodc. ling and serwnc. I breakfast to not more than six (6) casual and transient roomers, provided that the renting of such rooms for such purpose is clearly incidental and suhorClinate to the principal use ot dwelling. BERM - A structure cbmposed primarily of earth intended for privacy~ security, enclosure, visual screenmc~ or noise aOatement. BLOCK - An area bounded by one or more streets or a municipal boundary and of sufficient size to accommodate a lot or lots minimum size recluired by this chapter. BOARD OF APPEALS - The Zoninc~ Board of Appeals of the Town of Southold. BUILDABLE AREA The area of a lot remaininc~ after the minimum yard and open space requirements of this chapter have been met. BUILDABLE LAND - The net area of a lot or ~oarcel after ~'d-~ctinc] wetlands, streams, ponds, slopes over 15 percent, underwater land, easements or other restrictions preventing of such land for construction of buildings or dev_~elo__pment. .B._~UILDING - Any structure having a r~f supported by such thlnC~s as coiumns, posts, piers, wails, or air and intended the shelter, business, housinc~ or enciosin9 of persons, animals~ property, or other materials. [Any) Also any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no "building" was present; the term "building~' shall ~nclude (1) Signs, (2) Fences. Walls. [other than retaining walls projecting above the ground not more than three (3) feet at the highest ground level and not more than six and one-h~lf (6½) feet at the ground level. ] Radio and television receiving and transmitting towers and building and extending not more than 20 feet above the highest level of the roof of such bu!lding. Porches, outdoor bins and other similar structures. BUILDING LINE - A llne formed by the intersection of a horizontal plane at averacJe grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane w/il coincide with the most proiected surface. CERTIFICATE OF OCCUPANCY - A document issued by a Town Buiidinc~ Inspector allowing the use and/or occupancy of a buildinc~ and/or land, and certifyin{~ that the structure and/or CLUSTER - See Residential Cluster. GL-Ua, BEACH - A not-for-profit corporation, as defined in Section 102 of the Not-For-Profit Corporation Law o£ the State of New York. located contic~uous to a Pay or Long Island Sound and established for principal purp .°se of enc~ g ga in in swimm~nc.] __ __in the Sound or the bays, but exclud[n~ any form of aviation, molorboat racin9 or water ski/n9 on inland waterways or similar hazardous sports. CLUB, MEMBERSHIP OR COUNTRY, OR GOLF COURSE, NONPROFIT - A no*.-for-profit corporation, as defined in Section 102 of the Not- For-Profit Corporation Law of the Stere of New York, established for the pr incipal purpose of enema c)incj in outdoor sports, such as ~olf, tennis, swimming, fJshinc. J. hunlin~ or similar activities, but not including any form ot aviation outdoor trap, skeet or tarc~et shootin(.~ or motorboat racing. The activities ot such a club shail be limited to its members and Lheir ~_uests and shall not be extended to the c~eneral public. CLUB. YACHT - A not-for-profit corporation, as del/ned by Section 102 of the Not-For-Profit Corporation Law 0~' [he State of New York, established for the principal purpose of en~aging ~n recreational boatinc.~. The activities of such a yacht limited to its members and their ~uests end shall not be extended to the general public. The term "yacht club" s~all be deemed to i~the term "marina" but shah not be term "boatyard" except for the out- at-water storage-~( member ~oats. COMMON OPEN SPACE - An open space area within or related to a site designated as a development that is available for the use of all residents or occupants thereof. COOPERATIVE - A type of resort or multiple residence in which persons have an ownership interest in the entity which owns th bu d ng or buildings and, n addition, a lease or occupancy acJreement which entitles them to occupy a particular dwellinCj uni~ theren rec~ardless of whether, and in what manner, the dwellln.Ji units are m~nacjed, leased, or otherwise made avai able for use b'/' persons other than the owners thereof, CUL-DE-SAC - The turnaround at the end of a dead-end street. CURD CUT - The openincj along the curb line at which point vehicles may enter or leave the roadway. CUSTOM WORKSHOP- A bus ness premises used for the making of ctothin~Jo milliner~, shoes or other personal articles to individual order or measure, for sale at retail on the premises only, and nuL including the manufacture of machinery, vehicles, appliances and similar heavy cjoods, and ready-to-wear or standardized products. DEDICATION ~ The conveyance of a fee or lesser interest in property to pub ic use which precludes the owner or others under him from asserting any right of ownership inconsistent with the use for which the property is dedicated. EASEMENT - A cjrant of the use of land for specific purposes. FARM - For the purposes of :his chapter a farm shall be definLd as a site or series of ad)Dining parcels under sincjle ownership or management devoted to agricultural use. FARM BUILDINGS - All structures useful or necessary for the conduct of ac. lricuttural activities including, but not limited to, barns, silos, mechanical equioment storage sheds, animal pens or other shelters. FENCE - A vertical enclosure, solid or partially open, to prevent stravina from within or intrusion from without or intended [o b. usec~ aZ a visual screen. A fence is consld~red a structure for the purposes of this chapter. FISH PROt'~::~c;ING - The readying of fish and shellfish for s~nipping to market, including icing, cleaninc~, fitletin0, shuckin(~, ~h(~ the cooking ol~ crabs or lobster, but .not inciudinc~ other cooking, canning, freezinc. I, smoking or other "fish factory" opera tions. FLOOD HAZARD AREA - Land in :he flood plain subiect to a one percent or cjreater chance of flood in any given year. FLOOD PLAIN - The relatively flat area or Iow lands adioinincj :1TM channel of a river, stream, watercourse, canal, or any body of standing water, which has been or may be covered by flood water. FLOOR AREA - The sum of the gross horizontal areas of all floors ol~ the building or buildings on a lot, having a clear height of less than six feet measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, including cellar and basement areas. The floor area shall not include: roof overhangs proiecting [ess tha~ three feet or any floors or portions thereof contained on terraces or balconies p'roiecting beyond the exterior face of the buildinc~. FLOOR AREA. LIVABLE - All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than ten percent of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as: pr{ncipal rooms, utility rooms. bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. [and all attic space having a clear height of six (6) feet from finished floor lea, el to pitch of roof rafter with a clear height of seven (7) feet six (6) inches from finished floor level to ceiling level over fifty percent (50[~ of the area of such attic space. J FRONTAGE - The width of a Jot at the street llne. GARAGE, PRIVATE - A building used as an accessory to the main building for the storage of one or more gasoline or other power-driven vehicles owned and used by the owner or tenant of the lot on which the garage is erected, for the storage of not exceeding two additional vehicles (not trucks) owned or used by others(.I and in which no occupation, business or service for profit is carried on without special permit. GARAGE. REPAIR - A building, other than a private cjarage, used for adiustment, painting, replacement of parts or other repair or GASOLINE SERVICE STATION - A structure and surrounding land used for the storage and sale of petroleum fuet primarily to motor accessories or supplies, the incidental washing of motor vehicles and .the pe~for~inc~ of minor ~epa rs w th n a buid n~; however, a GREENHOUSE - A structure for growing plants. GROUND FLOOR - The first floor of a building other than a cellar or basement. GUEST UNIT - A bedroom-sleepinc~ accommodation for transient guests, which may or may not include bathroom facilities and shall be occupied by no more than two adult persons and be at ~east 811 square feet in area. HEIGHT [-] OF BUILDING - The vertical distance measured from the average elevation pt the existing natural grade before any alteration or flu adfacent to the building to the highest point of the roof for flat and mansard roofs, and to the mean height between euve and ridge for other type roofs. HISTORIC BUILDING - See Landmark Designation. HOMEOWNERS OR HOMES ASSOCIATION - A community association, includinc~ a condominium association, which is otc. lan,zed tn a residential development in which individual owners I~ave a shared interest in the responsibility for open space or facilities. HOTEL OR MOTEL. RESORT - A building or group of buildincjs. whether detached or in connected units, containinc~ i~divld,~al ~uest un ts consisting of a room arranged or designed to b. available for uae as seeping quarters for transients on a daily rental basis or for vacat oners or other persons on a weekly rental baa s provided that one such unit may connect directly with not more than one other such unit. Each un t shatl have a doo opening on the exterior of the buildin~ or on a common hallway, leading to the exterior. A "resort motel" may include such accessory uses as a beach cabana, private dock, dining roor~, restaurant or swimm n~ pool, conference and meetinc. I facilities, ,~,' an accessory convenience shop, office or personal service facility, provided that such facility or shop is located within the buildin~ without any external sic. in or display and off-street parking [acilities. The term "resort motel" shah not be construed to inctud '~transient motet" or "mobile home park". HOTEL OR MOTEL. TRANSIENT A building or grou? .°f buildings, whether detached or in connected units, conta~nm,j nd vidual ~uest units cons st ng of a room arranged or designed b, be available for use as sleeping and livincj quarters for transientJ on a daily rental basis, provided that one such unit may connect door open ncj on the exterior of the bu.ildinc~ or on a ~o..mmon hallway lead"rig to the exterior. A "transient hotel or motel may inctude such a,-e--~or¥ uses as an office, restaurant, accessory TPersonai services, swimming pool and off-street parkin(~ facilities. he term "transient hotel or motel" shatl not be construed to include "resort motel" or "mobile home park.~' nor shall it b d~d to inciude any dwelling unit except that of the owner o, manager. JUNKYARO - /and occupied or to be occupied for storage of old wood. paper, cloth or metal, including old automobiles, trucks. equipment, machinery, fixtures and appliances not usable as originally designed, and also including any portion of such old automobiles, trucks, equipment or machinery as may be sold as and for junk or salvage. The existence on any residential lot of three or more unrec~istered automobiles or trucks not housed within a buildinc~ shall be deemed to be a junk yard. Pubilc sanitar~ landfills and the structures located thereon shall not be include, l ~n this definition. LANDMARK DESIGNATION - The designation of a buildin~ or structure of architectura or historic significance to the Tow,, r u h ~stn the ro arty in the Townas Register of Desic)nated thog g . P P ' k's LandmarP-s and filing a copy of the entry ~n the Town Clef office. LANDSCAPING An area of [and restricted to landscape items Which may also include such elements as natural features, earth barns, sculpture, sic. Ins. lighting, access-ways, bikeways ar,d pedestrian-ways. LIGHT INDUSTRY - An activity which involves the fab~'k;ution. ~-e~pinc. l, reworking assembly or c~m~b~n~"-----~- p~'oducts ~reviously prepared mater(als and which does not [~volve the synthesis of chemical or chemical products other than f~-~ pharmaceutical or research purposes or the pr~cessinc~ of any raw materials, except ac~riculturai raw materials. Lic~h t industry includes industrial operations such as electronic, machine part~ and small component assembly, as opposed to heavy industrial operations such as automobile assembly or millincJ activities. LOADING BERTH - A space at least 15 feet wide and qS feet long, havincj a minimum lq foot vertical clearance for loadinq and u. nloadinc} vehicles. No such space required by this chapter or depicted on any site plan shall constitute a parkinq space. LOT AREA - The area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-wa'/, LOT, INTERIOR - A lot other than a corner ~ot or a throuc~h lot. LOT LINE, FRONT - The lot line separating a lot from a street ri(jht-of-way; also referred to as "street line". LOT LINE, SIDE - Any lot line other than a front or rear lot line. LOT, REAR OR FLAG - A lot located in such a position that it is to the rear of some other lot fronting on the same street and served by means of an accesswa¥. LOT, THROUGH - A rot which fronts upon two streets which not intersect at the boundaries of the LOWER AND MODERATE COST HOUSING - Housinc~ which i~ constructed and kept available for t-amilies or individuals with Iow or mogerate income, incJudinc] senior citizens, as defined' by the Town Board. MASTER PLAN - A plan for the controlled development of all or portions of the Town of Southold, the protection of environmentally sensitive areas, the enhancement of fishincJ and sheilfishi n~, healthy recreation areas and facilities, the protection of the underc~round water suppi~/; the ptan to be prepared by the Planning Board pursuant to Section 272-a of the Town Law, which plan indicates the ~]eneral locations of physical development within the Town, and inctudes any unit or part of such plan separately adopted and any amendment to such plan or parts therein. MEAN HIGH WATER {MHW) - Avera.~e heicjht of hi.c}h water~ datum reported by the U.S. Geological Survey. MOTEL, RESORT - See Hotel or Motel, Resort. MOTEL, TRANSIENT - See Hotel or Motel, Transient. NONCONFORMING BUILDING OR STRUCTURE - A buildin~ or structure lecjall¥ existinc~ on the effective date of this chapt';r or any applicable amendment thereto, but which t'ails by reason of such a3option, revision or amendment to conform to the present district requlations for any prescribed structure or buiJdinq requirement, such as front, side or rear yards, building height, buildlnc~ areas or lot coverac}e lot area per dwellinc~ unit, dwellinq units per buildinc}, number of parkinc~ and Ioadinr] spaces, etc., but which ~s continuously maintained after th~ effective date of these regulations. NONCONFORMING LOT - A lot the area, or, dimension of which was lawful prior to the adoption, revision or amendment of thi~ chapter, but which faits to conform to the requirements of the zonincj district in which it is located by reason of such adoption, revision or amendment. NONCONFORMING USE - [anyJ A use, whether of a building, sicjn or tract of land, [or bothl ~r combination of these, legally existing on the effective date of this chapter, which does not conform to the present use regulations of the district in which it is located, but which is continuously maintained after the effective date of these recjulations; -7- NURSERY SCHOOL - A building or buildincls, together with any accessory uses, bu Idinc~s or structures used as an organized instructiona facility for five or more enrolled ch dren under six years o( a~e other than the children of the res dent family an, l' not furnishing sleeping facilities except to the resident family. " OFF-STREET PARKING SPACE - A space for the parkin~ of one motor vehicle within a public or private parkin~ area. but not within a public street., OPEN SPACE - Any parcel or area of land or water essentially uHimproved and set aside, dedicated, desic~nated or reserved fo, pub ic or private use or enioyment or for the use and enjoyment ut' owners and occupants of land adioininc, l or neic~hborin~ such ope.., Space; provided that such areas may be improved with only tho[ buildinc~a, structures, streets and off-street parkinc~ and othe, improvements that are desic~ned to be incidental to the natural openness of the land. OUTOOOR STORAGE ~ The keepinc.], ~n an unroofed area, of any goods, iunk. material, merchandise, or verticles in the same pla, e for more than twenty-four hours. OWNER The term shall be construed to include the duly authorized agent, attorney, purchaser, devisee, fiduciary or an~. other person havin~ Tested or .continc. lent interest in the property in question., PARKING LOT - An off-street, c~round level area, surfaced and improved for the temporary storacje of motor vehicles. P~:RFORMANCE GUARANTEE - Any security which may be accepted by [he Town as a c~uarantee that improvements required as part of an application for development are satisfactorily completed. PERSON - Any association, partnership, corooration, cooperative group, trust or other entity as well as an individual. pLaNNING BOARO - The Plannin~l Board of [he Town of Southold. Pt-~T - The map of a subdivision. PRINCIPAL USE - The main or ~rlmar¥ purpose or purposes for which land and/or structure(s) is desi~;ned, arranc, led, used ~ntended to be used or for which such land and/or structure(st may I~e occupied or maintained under this chapter, pROFESSIONAL OFFICE - The office of a member of a recognized ~_.~.y be '~o desi~naled by the Eoard of Appeals. RECREATION FACILITY, COMMERCIAL - An indoor or outdoor ~'~i~a t el - operated business involving_._.p__lay in~q ff'-ds, cou~ts. ~renas or hails designed to accommodate ~po~s~Rd-~Pe~l~l activities such as billiards, bowlln~, dance ~._ils, ~ymnasiums. health spas. skatin~ ~inks. shootin~ ~an~es, tennis courts and swimmin~ pools. -8- RECREATIONAL VEHICLE - A vehicular type portable structur. without permanent foundation, which can be towed, hauled or driven and primarily desicJned as temporary living accommodaton for recreational, camping and travel use and incud ng but not I!mited to travel trailer, truck campers, camping trailers and self-propelled motor homes. RESEARCH LABORATORY - A buildinc~ for experimentation in put, or applied research, design, development, and production of prototype machines or devices, or of new products, and use~. accessory thereto, wherein products are .not manufactured for wholesale or retail sale; wherein commercial servicinc~ or repair of commercial pro_ducts is not performed; and where there is no ~sp~-'~ay-~-~ any ~naterials or products. R.~SIDENTIAL CLUSTER - An area to be developed as a sinc~le entity accordin~ to a plan containinc~ residential housin~ units and having a co ........ ~ or public open space. RESTAURANT - Any premises where food is commercially sold for on- premises consumption to patrons seated at. tables or counter;. Any facility making use of carhop or parkincj lot service to cars or f~r the consumption of food to be eaten in said cars or outcloor~. shall not be considered a "restaurant" for the purpose of thi~ chapter, and shatl be deemed to be a "drive-in or fast-food RESTAURANT, DRIVE-IN OR FAST FOOD - Any establishment w. hose principal business is the sale of foods, frozen desserts, or beveracjes to the customer in a ready to consume state, usual y served in paber, plastic, or other disposal containers, for consumption within the restaurant ~3uitding. elsewhere on th, premises, or for carryout, for consumption off the premises. RETAIL STORE - An enclosed structure where goods are offered for sale to the public as take-out items, incJudinc~ hardware, drucjs, food and beverage, furnishings, apparel and similar RIGHT-OF-WAY LJNE5 - The boundary lines of land used or intended for use as streets, as shown on deeds, plats, or Master Plan, and from which yard and other rec{u,rements shall measured. ROADSIDE FARM STANO. AGRICULTURAL STAND - A booth, stall or display area exceedincl fifty (50) souare feet in area located on SEPTIC TANK A water- tidht receptacle that receives the discharge of sewac~e from a building, sewer or part thereof and i~ designed and constructed so as to permit settfinc~ of solids. cii~lestion of the orcjanic matter, and discharc~e of the liquid portion into a disposal area. SETE~ACK - An area extending the Full width of the lot described or a distance between the street ric~ht of-way and bu full recluired front yard debth within which no buHdinc~s or part~. of buildinc~s may be erected. SITE PL,~N - A development plan for one or more lots on which is S~nown (1) the existinc.~ and proposed conditions of the lot. [ncludinc~ but not necassar ¥ limited to topoc~raph¥, vec~etatlo"; drainaoe, flood plains, marshes and waterways. (2) the IocaUon all ex'~st!nc~ and propOsed bu,ldmC, lS. ddr;aViensa, ePfaa:iklii~?es,SPuat~l~?,~ walkwa s. means of nc. lress and actress, c~ cj servica-Ys, landscapinc. I, structures and sit, ns, Hc~htinc~, screenin'l devices, and (3) any other information that may be reasonably required in order to make an [ntormed determination pursuant h. this chapter for the review and approval of site plans by the Plannin~ Board. ' ~PECIAL EXCEPTION USE - A use that is deemed appropriate in a particular district if specified conditions are met. SWIMMING POOL. - A structure containin(~ an artificial body of water, which is greater than six feet Ion(.~ or wide, and ~reat~, than t8 inches in depth at any pont Natural or man-made all banks of which have a slope of less than 45 de~rees sba not be included in this definition. TOWN BOARD - The Town Board of the Town of Southold. TOWNHOUSE - A dwellin(~ unit in a bulidinc~ containin(~ at least three connected dwellinc~ units divided b¥ ~,,i,..~Gn vertical part'/' ~a s. w th pr vate entrances to each dwetlinc.~. A townhouse may. include dwel~incj units owned in fee simple or in condominium cooperative ownership or any comb nat on thereof. TRAILER OR MOBILE HOME - Any vehicle mounted on wheats, movable either by its own power or by being drawn by another vehicle, and equipped to be used 'for living or sleeping quarters or so as to permit cooking. The term "trailer" shall include such vehicles if mounted on temporary or permanent foundations with the wheats removed and shall include terms "automobile trailer" and "house car." USE - The purpose for which land or a structure is arranc~ed, desic.}ned, or intended, or for which either land or a structure is or may be used, occupied or maintained. drawn arailel to a street or lot line at a YARD LINE - A line ~men~ ~pter,. ZONE - A finite area of land, as desic~nated by its boundaries on ZONING BOARD - See Board of Appeals. ZONING MAP - The map annexed to and made part o( this chapter, [ndicatinc~ zone boundaries. 5o Article II. Section 100-20 (District designations) is repealed and a new Section 100-20 is added, to read as follows: Section 100-20. District desic, lnations. For the purpose of this chapter, the Town of Southold, outside of [he incorporated Village of Greenport, is hereby~ divided into districts desic~nated as follows: A-C R-80 R-tO R-200 400 HD AHO RR RD Residential Office District Hamlet Business District Limited Business District B General Business District A~lriculturaI-Conservation District (Two acre minimum) Residential Low Density District (Two acre minimumJ Residential Low Density District (One acre minimum) Residential LOW Density District (F~ve acre mimimuml Residential Low Density District (Ten acre minimum) Hamlet Density Residential District Affordable Housing District Resort Residential District MB L, IO · Lj Marinq Business District Liqht Industrial Park/Office Park District L. iqht ~ndustrial District 5. Article II, Section 100-21 (Zoning Map) is amended to read as follows: Section 100-21. Zoning Map. The boundaries of the said districts are hereby established as shown on the [ Building Zonal Zoninc. I ,Map dated, which accompanies this chapter and which, with ail explanatory matter thereon, is hereby adopted and made a part of and incorporated into this chapter. Said map. indicating the latest amendments, shall de kept up-to-date and a copy thereof shall be kept in the office of the Building inspector for the use and benefit of the public. 7. Article II, Section 100-23 (Effect of Establishmen t of district), subdivisian E is amended to read as follows: Any use not permitLed by this chapter shall be deemed to be prohibited. Any list of prohibited uses contained in any section of this chapter, shall be deemed to be not an exhaustive li~,, ~ to ~'~'ve been included for the purposes of clarity and emphasis. Section 100-31.1 and Section 100-33 of Article [11 are repeated, and remainder of said Article Ill is amended as follows: ARTICLE III [A Residential and Agricultural Districtl Agricultural-Conservation A-C District Low Density Residential R-80, R-120, R-200, R-tOO Districts Section 100-30. Purpose. The purpose of the Ac, lrlculturaI-Conser¥ation (A-C) District and the Low Density Residential R-80, R-120, R-200 and R-tOO Districts is to reasonably control, and to the extent possible prevent, the unnecessary loss of those current y open lands within the Town containing larae and contic~uous areas of prime agricultural soils which are the~basis for a sc~nificant porton of the Town's economy and thos[ areas with sensative environmental features including aqui fe, recharge areas and bluffs. In addition these areas provide open rural any ronment so high y valued by year-round resident-~ and ~hose persons who support the Town of Southold's recreation, resort and second home economy. The economic, social ar,d aesthetic benefits which can be obtained for all c t zens by limitin,j toss of such areas are well documented, and have inspired a ho=t of governmental procjrams des gned, with varying decJrees of success, to achieve this result. For its ~art, the Town ' expend ng large sums of money' to protect ex.sting farm acreage.' At the same time the Town has an oblic~ation to exercise its authority to reasonably rec. lulate the subdiwsion and development of this land to further the same purposes, while honoring the legitimate interests of farmers and other farmland owners. [Section 100-301 Section 100-31. Use regulations. In an [A~ A-C District. no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. fa.) ( 2.1 One-family detached dwellings, not to exceed one dwelling on each lot. The following commercial agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor or dust- producing substance or use, except spraying and dusting to protect vegetation, within feet of any tot line: The raising of field and garden crops, vineyard premises subject to the following special (1) All [one-storyl buildings (or structuresl for display and retail sales of agricultural and nursery products grown [primarilyI on the premises shall not exceed 1,000 square feet in floor area [,I or one story in height. Display of produce, at a roadside farm stand shall be lines. Any roadside farm stand in excess of [One hundred (100~] fifty tS0! square feet in floor area shall be set back twenty (20) feet from the street fine. Any stand in existence at the effective (2) All signs shall conform to the provisions of [Section 100-30C[6)(b)1 Section 100-3tCIg). (3) Off-street parking as required in the P_a_rking Schedule shall be provided and shall be approved by the Planning Board. Any. roadside ~tand in existence on the effective paraqraph must, within one (1) year _from such d~ate~ comply with the provisions hereof. -12- (b.) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks) on lots ten (10} acres or more. (C.) Barns, storage buildings, greenhouses (including plastic covered), and other related structures. provided that such buildings shall conform to the yard requirements for principal buildings. (3.) Buildings, structures and uses owned or operated by the Town of $outhold, School Districts, Park Districts and F~re Districts. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and , and except for the uses set forth in subdivision (15). hereof, are subject to site plan approval by the Planning Board . [in accordance with Article XIII hereof:] (1.) Two-family dwellings [, conversions of existing buildings and new construction,] not to exceed one such dwelling on each lot, (2} Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subiect to the following requirements. ia) No building or part thereof shall be erected nearer than fifty (50) feet to any street line and nearer than 20 feet to any lot tine, (b) The total area covered by all princlpat and accessory buildings shall not exceed twenty (20%) percent of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements, fa) No building shall be [ess than fifty {50) feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed twenty (20%} percent of the area of the tot. Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) which the building is designed. Nursery schools. (si {Libraries,] Philanthropic. eleemosynary or religious institutions, hospitals, nursing and rest homes or sanitaria for general medical care, but excluding facilities for the treatment of all types of drug addition, subject to the following requirements: (a} No building or part thereof or any parking or loading area shall be located within one hundred (100! feet of any street line nor within fifty ($0) feet of any lot line. ih) The total area covered by principal and accessory buildi~gs shall not exceed twenty (20%) percent of the area of (c) The maximum height shall be thirty-five (35) feet or two and one-half {2}} stories. -13- ((6)) (- (d) The entire lot, except areas occupied by buildings or parking or' oading areas, shall be suitable landscaped and properly malnta ned, (el Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding streets and lots. (fl Any nursing home, hospital or sanitarium shall meet the following standards: [11 (i._~.) All buildings shall be of fire-resistive construction. [21 (ii._~) All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3J (iii) Patients suffering from communicable -- diseases shall not be permitted in any nursing home or sanitarium (communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York). [ql (iv) Eight Thousand (8,000) square feet of 1or area shall be provided for each patient bed. Pubtic utility rights-of way as well as structures and other installations necessary to serve areas within the Town, subiect to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. (Fraternity houses,] Beach clubs, tennis clubs, countr'/? clubs, ,cjolf clubs, public golf courses, and annual m~mbership clubs catering exclusively to members and their guests, and accessary playgrounds, beaches. swimming pools, tennis courts, recreational buildings, and maintenance buildinc~s., subiect to the following (al No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (501 feet of any 1or line. (b} The total area covered by principal and accessory buildings shall not exceed twenty (20%) percent of the area of the lot. {c) Such use shall not be conducted rot pro(it as a (el The direct source of all exterior lighting shatl be ((7)) (0) Children's recreation camps organized primarily for seasonal -- use and subject to the following requirements: (al No building, tent, activity area or recreation facility shall be less than two hundred (200) feet from any lot I ne, and any such building, tent, activity area or recreation facility shall be effective y screened ("- therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than thirty {30) feet from each other, except tents, which shall be not less than ten (10) feet apart. (b) The minimum lot area shall be not less than ten thousand (10,000) square feet for each cottage, tent or other principal building, and not less than three thousand (3,000} square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. lc) All outdoor lighting shall be arranged and/or sheilded to eliminate the glare of lights toward nearby residential lots, streets or other public facilities. (d} The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (91 [labor camps, farm and nonfarm,] Farm labor camps, subiect to the following requirements: (a} All farm labor camps on farms shall be constructed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the plannin~ Board [of Appealsl. [Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subiect to the following requirements: I [(all (There shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use. ] (10} Veterinarian offices and animal hospitals, subiect to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than one hundred fifty [(100)1 (150} feet to any lot line. (11} Cemeteries. (12} Stables and riding academies [(13][ [Funeral homes and undertaking estabiishments.] !(1.)1 (13} Wineries for the production and retail sale of wine produced from grapes grown on the vineyards on which such w~nery is located. One accessory apartment [n an existing one-family dwelllngo subject to the following requirements: (al The accessory apar.tment shall be located In the principal building. (bi The owner of the existing dwelling shall occupy one of the dwelling (c) The existing one-family dwelllng shall contain not ieee than sixteen hundred (1,600) square feet o( liveable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (q50) square feet of livable floor area. (el .Tt~e accessory apartment shall not exceed forty (q0%) percent et' liveable floor area of the existing dwelling unit. (fi A minimum of three. (3) off-street parking spaces shall be provided. Not more than one (1] accessory apartment shall be permitted on a lot. (hi The accessory apartment shall meet the requirements of a dwelling unit as defined in Section 100-13 hereof. The exterior entry to the acceesory apartment shall, to the maximum extent, passibia,'retain the existing exterior appearance or' a one-family dwelling. {ii All exterior alterations to the existing building, except for access Certificate of Occupancy shall terminate upon the transfer of title by the owner, or upon the owner ceasing to occupy one of the dwelling units as the owner*s principal resicience, in the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one {1) year from date of said demise, (I) All conversions subiect to inspection of Building Inspector and Renewal o( Certificate of Occupancy annually. [mi The building which qe converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January I, 198q. (n) The existing building, together with the accessory apartment. shall comply with ell other requiremente of Chapter I00 of the Town Code of the Town of Southoid. '. fo} Notwithstanding the previsions of Section 100-308 hereof, no site plan approval by the Planning Board shat[ be required for the establishment of an accessory apartment. (pi Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems. The renting of not more than three [3) rooms in an owner occupied dwelling for Iodcjing and serving of breakfast to not more [hen six (6} casual and transient roomere, provided that [he renting of such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling, subject to the fo{lowing requirements: .. fa} That adequate off-street parking spaces shall be provided for such rented rooms in addition to parking spaces for the use of the family of the owner. Accessory uses, limited to the following [: ] uses and subject to the conditions listed in Section 100-33 herein. [(~)! (2._~.) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. Home occupations, including professional offices, provided that: (a) No display of goods is visible from the streeL (bi Such occupation is incidental to the residential use of the premises and is carried on in the main building by the resident therein with not more than one nonresident assistant. (c) Such occupation is carried on in an area not to exceed [thirty percent (30%)1 twenty-five (2S%) of the area of [one [1) floor] all floors of the main building , and in no event shall such use occupy more than five hundred (500) square feet of floor area, (d) There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. (e) Studios where dancing or music instruction is offered to groups in excess of five pupils at one time, or where concerts or recitals are held, are prohibited. In no manner shall the appearance of the building be altered nor shall the occupation within the residence to lose its residential character, either by the use of colors, materials, construction, or licjhtinc). No display of products shall be visible from the street, and no stock in trade shall be kept on the premises. Home occupations shall in no event be deemed to include: animal hospitals, kennels, barber shops, beauty parrots, clinics, or hospitals, mortuaries, nursery schoots, clubs, auto repa r shoDs, restaurants, tourist homes, roomincj listed above. (3} Boat dockin(~ facilities for the dockinc~, mooring or accommodation of noncommercial boats, subiect to the foilowin~ requirements: There shall be dockin~ or moorin(~ facilities for no more than two [2) boats other than those owned anQ usec~ by the owner of the premises for his personal use. (b.~) The Town Trustees shall ao!orove new boat dockinq (c) Boats at such dockinc, i facilities shall not be used for overnicjht sleepincj purposes. [(2)~ ?..~.} Carden house, toolhouse, storage buildincj, playhouse, wading pool, swimming pool or tennis court ;ncidental to gain, subiect to the following requirements: (a) Any swimming pool shall be completely enclosed with in height, erected, maintained and prov{ded with a self-closing, self-latching gate to prevent unauthorized if said pool is located more than four (~) feet above the gound, then a fence is not required, provided that all points of access to said pool are adequately protected by a self-closing, self-latching gate. Any swimming pool in existence at the effective date of the provisions of this subsection shall, within one (I) year from such date, comply with all of the provisions hereof. v"dua outdoor tennis court related to residential {bi Ind . .-, ' use on a lot co~a stag. la-family detached prow e t at t e same is set bac~flot less than six '(6) fee't" from all lot lines, and that there is no lighting t~or after dark use. [(3)] (5) Private garages; provided, however, that not more than -- two (2) passenger automobile spaces in such garages may be leased to persons not resident on the premises. (6...~.) Off-street parkinc. I spaces accessory to uses on the premises. Not more than four (q) off-street parklnc~space's shall be .~ermitted within the minimum tront ~/ard. [(q)] (7) The storage of either a boat or travel trailer owned and used -- by the owner or occupant of the premises on which such boat or travel traller is stored, for his personal use. subiect to subsection Q of Section 100-191 Supplemental parkinc~, re~lations and the following requirements: (a)Such boat or trailer shall not exceed thirty (30) feet in length. (bi Such boat or trailer shall be stored only in the required rear yard, and the area occupied therefor, together with the area of ail buildings in the rear yard, shall not exceed forty percent (q0%) of the area of the required rear yard. (c) Such boat or trailer shall not be located within fifteen (15) feet of any street or lot line. [(5) 1 (81 Ilorses a~d Oomestic animals other t;~an housel~old pets, -- provided that such shall not be housed within forty (qB) feet of any lot line. Housino. for flocks of more than twenty- five (25) fowl shall not be constructed within fifty feet of any line. [(6) 1 (9) The following signs, subject to the supplementary sign -- regulations herelna(ter set forth in Article XX: (a) [One (1) [ndirectlyl Not more than two [2) non- illuminated nameplates_ or professional signs_ eacl~ not more than two (2) square feet in area. (bi Not more than [three (3)[ two (2) signs with a combined total area of not more than [seventy-two [72) I fort'~.- e~) square feet, no one (1) ot which shall be ~n [four by six (~ x 6) 1 twenty-four (2~.!. sc~uare feet in size, advertising ~ty [he sale of farm, garde~ or nursery products [produced or l grown on the premises or of animals raised on the premises. (c) One (1) real estate sign, either single or double-faced. not larger than [three by four (3 x 4il twelve (12) sc~uare feet in size on any one (1[ or more lots, advertising the sale or lease of only the premises on which it is maintained, and set back not less than [ten (1011 fifteen (15) feet from any tot llne. Where acreage or a subdivision has a continuous frontage-'~T five hundred (500! feet or more, said sign shaJl not exceed twenty- f-our (2qJ square feet in size. [(el l (dl One (I] butletin board or other announcement or identification sign for uses permitted in (Section 100- 308(2}, (3], (~), (6), [7) and (~0) hereof[ Section 00-3113 3) (~I [5 (5[, [8) and (9) of the A~ricultural Distrct, not more than thirty-twol ~i~~i~t-e~en feet in a~-ea, located not less than [five (15) feet from any street or lot C [(f)[ (e) Such other signs as may be authorized as a speciat exception by the Board of Appeals as hereinafter provided. 1(7) 1 (1.0.). Yard sales, attic sales, garage sales, auction sales or similar type of sales of personal property owned by the occupant of the premises and located thereon, subiect to the following requirements. (a) Not mote than one [[¥i] such sale shall be conducted on any lot in any one calendar year, (bi Adequate supervised parking facilities shall be provided. (c) No signs, except one [(I)1 one-premises sign not larger than [three by four (3 x Jill six {6) square feet in size displayed for a period ot not longer than one [(1}1 week immediately prior to the day of such sale, shall be permitted. A permit is obtained therefor from the Building Inspector upon the payment of a fee of $15. [Section t0O-]ll Section 100-32. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the iA Residential and Agriculture DistrictJ Ac~ricultural- Conservation District and in the Low Density Residential R-80 District unless the same conforms to the Bulk Schedute and Parkincj Schedule incorporated into this chapter with the same force and effect as if such rec~ulatJons were set forth herein in full, as well as to the following Butk anq Parking requirements, to wit: A. In the case of a lot held in single and separate ownership prior to November 23, 1971 and thereafter, with an area of less than forty-thousand ([10. square feet, a single family dwelling may be constructed thereon, provided that the requirements of Column iAI vii of the Bulk Schedule and the Parking Schedule incorporated in thls'-~napter are comp i~ith. B. The bulk and parking requirements t'or single-family dwellings as set forth in Column [A-q0J ii of the Bulk Schedule and [he Parking $chedule incorporated into this chapter s~all apply to the following Jots, to wit: (1) All lots shown on maior and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, 1993. (2) All lots shown on maior subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to ,May 20, 1983. (3) All lOtS shown on minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. All lots setoff or created by approval of the Planning Board subsequent to November 23, 1971 and prior to ~Vlay 20, 1983. C. The bulk and parking requirements for single family dwellings set forth in [Column A-8Ol Columns [ and iii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots, to wit: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on maior subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. (3) All lots setoff or created by approval of the Planning Board on or after May 20, 1983. D. The bulk and parking requirements for two-family dwellings set forth in Column [A-1601 xii of the Bulk Schedule and Parking Schedute incorporated into this chapter s-~hall apply to the following lots, to wit: (1] All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary approval on or after May 20, 1983. (31 All lots setoff or created by approval of the Planning Board on or after May 20, 1983. [Section 100-32] Section 100-33. Accessory buildings. n the iA Residential and Agrcu rural District,] Ac~ricuituraI-Conservation District and Low Density Residential R-80, R- 20, R-200 and R-q00 Oistr cts, accessory buildings and structures or other accessory uses may be located in the required rear yard, subiect to the following requirements: A. Such buildings shah not exceed eighteen (181 feet in height. B. Such buildings shall be set back no less than three (3) feet from any lot line. .All such buildings in the aggregate shall occupy not more than forty percent (qO%) of the area of the required rear yard. -20- 9. Chapter 100 is amended by adding a new Article thereto, to be Article ill-A, to provide ARTICLE III - A Low Denslt¥ Residential R-q0 District Section 100-30A. Purpose. The purpose of the Low Density Residential R-a0 District is to provide areas for residential development where existinc~ neighborhood characteristics, water supply and environmental conditions permit full development densities of af~proximateiy one dweUinc~ per acre and where opeh space and a~rlcuitural preservation are not predominate oPiectives. Section 100-31A. Use regulations. In an R-q0 District, no building or premises shall be used, and no buildincj or part of a building shah be erected or altered which is arranc~ed, ~ntended or desJc~ned to be used, in whole or in part. for any uses except the followin(~: A. Permitted uses. ~1) Same as Section 100-$1A of the Agricultural-Conservation District. Uses permitted by special exception of the Board of Alapeals The following uses are permitted as a special exception by the ~0a~-d of Appealst as hereinafter provided, and subiect to site plan approval by the Planninc~ Board. ([) Same as Section 100-31B of the Agricultural-Conservation District, except (Si children's recreation camp, (9) ~arm labor camp and (10) veterinarian office anb animal hospital not permitted, and bed and DreaKtast uses cio not require site Dian aDorovalL (2.~.) Libraries, museums or art ~alleries. C. Accessory uses, limited to the followincj: (1~) Same as Section 100-31C of the Agricultural-Conservation District. Section 100-32A. Bulk. area and parking requirements. No building or premises shall be used and no buJldinc~ or part [hereof shall be S~ectio.~n 100.~-33A..__..: Accessory buildin~ls. Accessory buildings shall be sub eot to the same requirements ac Section I00-33 of the Ac~ricutturai Conservation District. -21- (- 10. Article IV is repealed and a new Article IV is added in its place, to provide as foUows: ARTICLE [V Hamlet Density Residential (HO) District Section 100-~0. Purpose. The purpose of the Ham et Density (HO) Residential District is to (1) permit a m x of hous ncj types and level of residential density appropriate to the areas in and around the major hamlet centers, particular y Matt tuck. Cutchoc~ue, $oMthoidr Orient and the Villaqe of Greenport. Section 100rql. Applicability. The Ham et Density (HO} Residential District may be designated on the Zoni~ Map by the Town Board upon its own motion, or by petition on parcels within 0ne-half mile of a Hamlet Business (HB) District of Mattituck, Cutcho(~ue and Southoid hamlet and within one-quarter mile of the Hamlet Business (HB) district Of Orient, and within one-half mile of the boundary of the Villac~e of Greenport. Section 100-q2. Use regulations. tn an HD Oistrtct. no buildin9 or premises shall be used., and no buildinc) or part of a buildinc. I shall be erected or altered which is arre.~ged, intended or desi~tned to be used. in whole or in part of any use except the following: A. Permitted uses. (l) One-family detached dweillnc~. (2) Two-family dwelllnc~. Uses permitted by special exception by the Board of..A_opeals- T~s~ following Uses are permitted as a special exception by the ~;~..O ot Appea , as hereinafter provided, and sui3iect to site plan approval by the Planning ~oard: (1) Multiple dwellings, townhouse, row or attached house. (2) Accessory apartments in sin(~le-family residence as set ~'orth in and regulated by Section 100-318(2) of the Ac~ricutturaI-Conservation Oistrict. (3__L Bed and breakfast uses. as. set forth in and regulated by Section ~[00-3115 (181t without site plan approval. Accessory uses. limited to the following: [1) Accessory uses as set forth in and regulated by Section 100-31C through (7) and InI of AqriculturaI-Conservation District. and ~uL3ject conditions set forth in Sectmn 00-33 thereof. (2) Freestanding or ground signs, subiect to the following requirements: -- One (1) sign eith'er $inc. lie or double-faced, not more than eic~thteen (181 square feet in area, anc~ the upper edc~e of which shall not more than five (5) feet above the ground unless attached to a fence or wall. Such sign shall only indicate the name of the p~mi~es. Such sign shall be se~ back not less than fifteen (15) f~et from a-nd lot lines. Such sign shall comply wi-th all ~'~-~ibtions set forth in Article XX. (~31_ Accessory buiidinos, structures alld other and other community services [o all buildinc~s and Structures o. the premises, provided, however, that the ptans for and the Iocatk~n ~/' the same shall b. approved by the -22- Section 100-43. Bulk, area and parkinc~ requirements. No buildin~ or premises shall be used and no buildin(~ or part thereof shall be erected or altered in the Hamlet Density (HO) Residential District unless the same conforms with the Bulk Schedule and Parkinc~ Schedule incorporated into this chapter, with the same force and e~fect as if such regulations were set forth herein in futl. -23- 11. Article V is repealed; Article VA is renumbered Article V, and the Sections thereof are renumbered Sections 100-50 to 100-58 inclusive. ARTICLE V AFFORDABLE HOUSING DISTRICT Section 100- S0. Purpose. The purpose of the Affordable Housing District is to provide the opportunity within certain areas of the Town for the development of high density housing for families of moderate income. Section 100- 51 Definitions. For the purpose of this Article, the following terms, phrases and words shall have the following meaning: CONSUMER PRICE INDEX - The Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics for the New York Metropolitan area. DIRECTOR - The Director of Community Development for the Town of $outhold. MODERATE INCOME FAMILY - A family whose aggregate annual income, including the total of all current annual income of all family members (excluding the earnings of working family members under age 21) from any source whatsoever at the time of application for the purchase or lease of an affordable housing unit or the purchase of an unimproved affordable lot, does not exceed $39.000.00, which annual income shall be change in the consumer price index. MODERATE INCOME FAMILY DWELLING UNIT - A dwetling unit i~esm'ved for rent or sale to a moderate income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales in Section 100- 5&E hereof. MODERATE INCOME FAMILY UNIMPROVED LOT An unimproved 1et reserved for sale to a moderate income family, and for which the maximum initial sales price, inclusive of the cost of providing public sales price set forth in Section ]00- 56E hereof. PERMANENT FIXED IMPROVEMENT An improvement to a lot or a moderate income family dwelling unit which cannot be removed without substantial damage to premises or total toss of value of said improvements. Section 100- 52 Applicability. AHD Districts shall be established by application to the Town [~oard pursuant the procedures hereinafter specified, on parcels of land located within the following areas: A. Land within a one-half (}) mile radius of the post offices located in the hamlets of Mattituck, Cutchogue, Peconic and Southold. Land within one-quarter (¼) mile radius of the post o~fic~s located in the hamlets of East Marion and Orient. C. Land within one-quarter (~) mile of the boundaries of the incorporated Village of Greenport. Land in such other areas aa shall be designated by Town Board resolution after a public hearing thereon, upon ten (t0) days notice thereof by publication in the official Town newspapers. Section 100- 53. Use Recjulations. In the AHD District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. 1. One-family detached dwelling 2. Two-family r.;,vell in g 3. Multiple dwellings. Accessory uses as set forth in and regulated by Section 100-30C (I), (2), [3), (~), (6) and (7) of this Chapter. Section 100- 54 Bulk Area t, ParkinC~ Requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area & Parking ~;:heduie. BULK, AREA & PARKING SCHEDULE Minimum Requirements Total Iot area (sq. ft.} Lot Width (ft.) Lot Depth (ft.) Front Yard (ft.) One side yard (ft.) Both side yards (ft.) Rear yard [ft.) Livable floor area [sq.ft. per dwg) Off-street parking spaces (per dwg) Land area (sq.ft.) per dwg. unit Maximum Permitted Dimensions Lot coverage [percent) Building height Number of stories Single Family Two-Family Multiple Dwellinqs Owellinqs Dwellinqs 10,000 20,000 40,000 80 100 15 15 20 35 35 q5 850 600 GO0 ~O,O00 10,000 10,000 20 25 25 35 35 35 2½ 2½ 2~ -25- Section 100- 55. Application Procedure A. Application Procedure, The procedure for planning and zoning approval of any future proposed development in an AHD District shatl involve a two-stage review process as follows: (t) Approval of a preliminary development concept plan and the zoning reclassification of a specific parcel or parcels of land for development in accordance with that plan by the Town Board; and Approval of a final, detailed site plan. and subdivision plat approval, if required, by the Planning Board. Application to the Town Board for rezoning approval. Four (~) copies of the application for the establishment of an AHO District shall be filed with the Town CIerl~ who shall submit a copy to the Town Board at its next regular scheduled meeting. The application shall contain at least [he following information: (1) The names and addresses of the property owners, and all other persons having an interest in the property; the name and address of the applicant (if not the owner); the names and addresses of any planners, engineers, archltects, surveyors, and all other persons or firms engaged or proposed to be engaged to perform work and/or services with respect [o the proiect described in the application. [2) If the applicant is not the owner of the property, written authorization of the owner or owners authorizing the applicant to submit the application on behalf of the owner or owners. (3) A written statement describing the nature of the proposed proiect. and how it will be designed to fuilfill the purposes of this Article [including its consistency with the Town Master plan); an analysis of the site's relationship to adioining properties and the surrounding neighborhood; the availability and adequacy of community facilities and utilities, including public water and public sewer systems, to serve the needs of the proiect and the residents [herein; [he safety and capacity of the street system in the area in relation to the anticipated traffic generated, and such other information as deemed necessary by the Town Board and/or the Planning Board to enable them to properly review and act upon the application. (q) A written statement describing the proposed method of ownership, operation and maintenance of all proposed common utilities, including public water and sewer facilities, and open land located within [he proposed development. (5) A preliminary development concept plan for the proposed proiect, drawn to a convenient scale, and including [he foJlowi~cj information: (a) The total area of the property in acres and square feet. lb) A map of existing terrain conditions, including topography with indent] float]on of soil types [including wetlands), existing drainage features, major rock outcroppings, the extent existing wooded areas and other significant vegetation, and other significant features of the property. -26- A site location sketch indicating the I~cation of the property with respect to neighboring streets and properties, including the names of all owners of property within five hundred (500) feet therefrom, as shown on the last completed town assessment roll. Such sketch shall also show the existing zoning of the property and the Iocatinn of all zoning district boundaries in the surrounding neighborhood, (d) A preliminary site development plan indicating the approximate location, height and design Of all buildings, the arrangement of parking areas and access drives and the general nature and location of all other proposed site improvements, inctudlng recreational facilities, landscaping and screening, the storm drainage system, water and sewer connections, etc. (e) A plan showing the number, type and location of all proposed dwelling units and unimproved lots to be reserved for sale or lease to moderate income families, and the ~atio of the same to all proposed dwetling units and lots in the development. A gene-alized time schedule for the staging and completion of the proposed project. An application fee in the amount of fifteen dollars ($15.) for each proposed dwelling unit or five hundred ($500.) dollars. whichever is greater. Referral to Planning Board. Upon the receipt of a properly completed application for the establishment of a new AHD District, one copy of the application shall be referred to the Planning Board for its review and report, and one copy shall be referred to the Suffotk County Planning Commission for its review and recommendation, if required by the provisions of the Suffolk County Charter. Within sixty (60) days from the date of the Planning Board meeting at which such referral is received, the Planning Board shall report its recommendations to the Town Board, No action shall be taken by the Town Board until receipt of the Planning Board report or the expiration of the Planning Board review period, whichever first occurs. Said review period may be extended by mutual consent of the Planning Board and the applicant. O. Planning Board Report. The Planning Board, in its report to the Town Board, may recommend either approval of the application for the establishment of the AHD District, with or without modifications, or disabproval of said application. In the even, that the Planning Board recommends disapproval of said application, it shall state in its report the reasons for such disapproval. In preparing its report and recommendations, the Planning Board shall give consideration to the Town Master Plan, [he existing and permitted land uses in the area, the relationship of the proposed design and location of buildings on the site, traffic circulation, both on and off the site, the adequacy and availability of community facilities and utilities, including public water and public sewer systems, to serwce the proposed development, compliance of the proposed development wilh the standards and requirements of this Article, the the~- current need for such housing, and such other factors as may be related to tile ptlrposes of this Article. E. Town Board Public Hearing. Within forty-five (~5} days from the date of the Town Board's receipt of the Planning Board~s report and recommendation, or the expiration of the Planning Board review period, whichever first occurs, the Town Board shall hold a public hearing on the matter of establishing an AHE) District on the property described in the application. Such hearing shall be held upon the same notice as required by law for amendments to the town Zoning ~lap and/or Zoning Code. F. Town Board Action. (I) Within forty-five (qS} days after the date of the close of the public hearing, the Town Board shall act either to approve, approve with modifications, or disapprove the preliminary development concept plan and the approval or disapproval of the establishment of the AHD District applied for. Approval or approval with modifications shall be deemed as authority for the applicant to proceed with the detailed design of the proposed development in accordance with such concept plan and the procedures and requirements of this Article. A copy of the Town Board's determination shall be filed with the Planning Board and a copy mailed to the applicant. A copy shall also be filed in the Town Clerk's Office. If such determination approves the establishment of a new AHO District. the Town Clerk shall cause the official Zoning Map to be amended accordingly. (2) Approval of the establishment of an AHO District shall expire twelve (12) months after the date of Town Board Approval thereof if the applicant has not received site development plan approval and final suPdivision plat approval of at least the first section of the ptanned development within such twelve (t2~ months period. Approval of the establishment of an AHD District shall expire eighteen [18) months after said Town Board approval thereof if work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence. The Town Board, upon application oi~ the applicant, and upon good cause beincJ shown, may in the exercise of its discretion, extend both of the above time periods for not more than two (21 additional periods of not more than six [6} months each. In the event of the expiration of approval as herein provided, the Al-ID District shall be deemed revoked and the zoning classification of the property affected thereby shall revert to its zoning classification that existed on the property immediately prior to the establishment of the AHO District thereon, and the Town Clerk shall cause the official Zoning Map to be amended accordingly. G. Site Plan And Subdivision Plat Approval by the Planning Board. {1) No earthwork, site work, land clearing, construction or development activities shall take place on any property within an AHO District except in accordance with a site plan approved by the PlannincJ Board in accordance with the provisions of this Article and in accordance with the procedures and standards [or site plan approval as set forth in Article XXVof this Chapter. (2) Where a proposed development Involves the subdivision or resubdtvision of land. no development shall proceed until the Ptannlng Board has granted final subdivision plat approval in accordance with the provisions of Chapter ^106 of the Town Coda. Section 100-$6 Ceneral Regulations and Requirements.. A. Sewer and Water. In an AHD OIstrtct. public water cllsposal systems shall be provided therein · Covenants and Restrictions, supply systemsar~=i/or public sewer to serve all dwelling units located In approving a preliminary development concept plan and/or the establishment of an AHD District. the Town Board shall have the right to require the applicant and/or the owner and ail persons having an interest in the premises to execute an agreement. In recordablo form, containing to accomplish the intent and purposes of this Article. C. Provision For Moderate lncome .Family 'Dwelling Units And UnlmprQved Lots. (1) On tend within an AHO District containing ten (10) acres or tess of lend. not [ess than forty CU,0%] percent of the ~etling unit's and/or unimoroved lets ideated t~erein shall be Fesa~ved for sale or lease tc moderate income families. (2) On land within an AHD District containing more than tan {I0) acread land. not less than fifty ($0%) percent of the dwelling units and/or untmproveq Iots therein s~all be reserved fo~ sale or ~ease to m~era~ income families. D. Eligibility. in each AHD District, the sale or lease of dwelling units reserve( for moderate income families, and the sale of unimproved tot.' rese~'ved for sale to moderate income families shah be allocated on ; priority basis, in the following orde~': (a) First tO eligible applicants employed in the Town of Sou%hold. (b) Second tO eligible apoHcants who reside in the Town o Sou%hold. in the order of length of- residence in the Town. (ci Third to ali at'er .eliglblb applicants. E. Maximum Sales Prat. And Monthly Rent. tn an AHa District, the ~axlmum Initial sales price of a dwelling un be as follows: (al Unimproved lot containing an area of 10,000 sq.ft. - 525,000. (bi Attached dwelling unit - $60,000. lc) All money received by the Town pursuant to the provisions of the preceding paragraph lb) shall be deposited in separate accounts and shall be expended only for the purposes of this Article ~n such manner as shall be determined by the Town Board. Section 100- 57 Administration. A. General Duties of Director. (1) The Oirector shah be responsible for the administration of dwelling units and unimproved lots reserved for moderate income families in ail AHD Districts pursuant to the provisions of this Article. (2) The Director shatl promulgate and maintain information and documentation of all dwelling units and unimproved lots reserved for moderate income families in all AHD Districts; the number thereof available for sale or [ease at all times; the sales prices and monthly rent for such dwelling units and Iots; the names and addresses of eligible families desiring to purchase or lease the same, together with a priority list of such families. The Director shall maintain such other records and documents as shat( be required to properly administer the provisions of this Article. B. Interagency Cooperation. Whenever the Town Board approves the establishment of an AHD District, a copy of such determination shall be filed with the Building Inspector and [he Director, together with a copy of any agreements and/or covenants relating thereto. (2) Whenever the Planning Board approves a subdivision plat and/or a site plan affecting land within an AHD District, a copy thereof shall be flied with the Building Inspector and the Director, together with copies of any agreements and/or covenants relating thereto, [3) Whenever the Building Inspector shall issue a building permit, a certificate of occupancy or any other permit or authorization affecting dwelling units and/or unimproved lots [ocated in an AHD District and reserved for sale orlease to moderate income families, a copy thereof shall be filed with the Director. (1) Whenever the Building Inspector receives an application for a certificate of occupancy for a dwelling unit or unimproved lot located families, the Building inspector shall file a copy thereof with the application of the maximum sales price or monthly rent for such dwelling unit or lot as well as eligibility requirements for families seeking to purchase or lease such dwelling units or tots. (21 No certificate of occupancy may be issued by the Building Inspector until the Director has supplied the Building inspector with the information provided for in the preceding paragraph and the Building inspector determines that the issuance of the certificate of dwelling unit or unimproved lot in violation of the provisions of [his 3) The Director shall certify the eiic~ibility of all applicants for lease or moderate income families shall not sell or lease the same to any person who does not possess a certificate of eligibility issued by the Director. A violation of the provisions of this paragraph shall constitute grounds for the revocation of a certificate of occupancy. (2} (c) Single-family detached dwelling unit - $75,000. The maximum initial monthly rent (exclusive of utilities for a dwelling unit reserved for moderate income families in the AHD District shall be as follows: (a) Studio Apartment - $300. (b) One bedroom dwelling unit - $400. (c) Two bedroom dwelling unit - $500. (d) The provisions of this Section 100:56E{2) shall remain in effect as to each dwelling unit for a period of fifteen (15) years from the d~te of the initial lease thereof. (31 The maximum sales prices and monthly rents set forth in Section 100- 56 (1) and (2J hereof shall be revised each year on January 31st to conform to the previous year's change in the consumer price index. F. Resale Price of Dwelling Units and Unimproved Lots. (7) Dwelling units in an AHD District reserved for moderate income families may be resold to moderate income families, provided that the maximum resale price does not exceed the purchase price plus the cost of permanent fixed improvements, adiusted For the increase in the consumer price index during the period of ownership of such dwelling unit and such improvements plus reasonable and necessary resale expenses. (2) Unimproved lots in a AHD District reserved for moderate income families may be resold to moderate income families, provided that the maximum resale price does not exceed the purchase price of such lot adiusted for the change in the consumer price index for the period during which such Where an unimproved lot in an AHD District reserved for moderate income families is improved with a dwelling unit, the maximum resale price shall be determined in the manner specified in Section 100=56F (1) hereof. Notwithstanding the provisions of Section 100- 56-P (3), (2) and (3) hereof, the Director may authorize the resale of a dwelling unit or unimproved ~ot reserved for moderate income families at a price in excess of the maximum resale price specified in Section 100-56-F (1), (2} and (3) hereof, under the following conditions: (al That the owne~ of such dwelling unit file an application with the Director requesting approval of such resale, setting forth in detail the calculation for the determination of the maximum resaie price, the proposed resale price, and such other information and documentation as the Director shall request. (b) allowable resale price shall be divided between the resale seller and the Town in the following proportions. Year of Resale Percentage Percentage after purchase to Owner To Town 1st 0 2nd 20 80 3rd ~0 50 qth 60 5th 80 6th 90 (q) On or before March 31 of each year, the Oirector shall notify the owner or manager of dwelling units and unimproved 1ors reserved for moderate income families of the monthly rent, sales price and income eligibility requirements for such units and lots based upon data derived from the precedincj year. (5) The owner or manager of dwelling units and unimproved lots reserved for moderate income families shall certify in writing to the Director on or before May 31 of each year that the sale and/or lease of such dwelling units and Iota comply with the provisions of this Article and Chapter 100 of the Town Code. (6) When a dwellincj unit rese~'ved for lease to moderate income families ia to be rented, the lease for such unit shall not exceed a term of two (2) years. Section 100- 58 Applicability of Town Code. All of the Provisions of the Code of the Town of $outhold not inconsistent or in conflict with the provisions of this Article shall be applicable in the AHO District. -32- 1:2. Article VI is repealed and a new Article VI is added in its place, to provide as follows; ARTICLE VI Resort Residential (RR) District Section 100-60. Purpose. The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas or other appropriate areas where because of the availability of water and/or sewer more intense development may occur consistent with the density and character of surroundincj lands. Section 100-61. Use recJulations. In an RR District, no buildinc~ or premises shall be used, and no buildinq or part of a buildin~l shall be erected or altered which is arrant)ed, intended or desic~necl to be used, in whole or in part, for any use except :he /ollowinc~: Permitted uses, (1) Any permitted use set forth in. and as rec~ulated by Section 100-31A of the Agricultural-Conservation District. Uses permitted by special exception by the 8pard of Appeals. The followinc~ uses are permitted aa a special exception by the Board of Appeats as hereinaft, provided, and except for the uses set forth in subdivision {5) hereof, are subiect to site plan approvat by the Plannincj Board. (1__~.) Any special exception use set forth in, and as rec~ulated by Section 100-31(B) (1), (6), (7) and (lZI) of the AqricuituraI-Conservation District. (2~) Marinas for the dockinc), moorinc~ or accommodation of noncommercial boats. (3) Yacht clubs. (q~} Transient hotels or motels, resort hotels or motels, conference facilities provided that the followinc) requirements are met: (a) Minimum parcel size shall be flve (5) acres. (b_~.l The maximum number of c)uest units shall one [I) unit per six thousand (6,000~ square feet of land without .public water or sewer. one (11 unit per four thousand (~1,000) square feet of Tand with public water and sewer. No music, entertainment or Ioudsbeaker system shall be audible from beyond the property line. (d~} No lic~hts shall create a cJlare on adioininc 100-3~B (]51. (6) Touris.t ca~ps as regulated by Chapter 88 of the Town Code. (7~) Free standinc~ restaurant. C. Accessory uses. (11 Any accessory use set forth in, and as rec~ulated by Section 100- -- 31C (I) throuc~h (7) of the A~lricuiturai-Conservation District. {21 Signs as regulated by Section 100-31C (91 of the Ac~ricultural- Conservation District, and in the case of a hotel, motel resc,."t. tourist camp. country ciuh, beach club, swim club, tennis chlb, if the build nc~ is set back twenty-five (251 feet, one (1) free- standing or ground illuminated sic~n with a maximum area of eic~hteen (~8) square feet may be permitted at the entrance, set back a minimum of fi(teen (15) feet from the street Hne. (31 Sanitary and taundry facilities. Accessory uses set forth in and as regulated by Section 100-q2C(31 of the Hamtet Density Oistrict. Section 100-62. Bulk. area and parkincal requirements. Except as otherw se provided here n, no buildinc~s or premises shatl be used and no building or part thereof shal be erected or altered in [he Residentinl ht~ Oistrict unless the same conforms with the Bulk Schedule and Park nc~ and I nartinq Schedules incorporated into this chapter by reference with the same-force'and'effect as ~f such reC. lulations were set forth herein in full. 13. Article VII is repealed and a new Article VII is added in its place, to provide as follows: ARTICLE VII Residential Office (RO) District Section t00-70.. Purpose. To provide a transition area between business areas and Iow density residential development alonc~ major roads which will provide opportunity/ for limited nonresidential uses in essentially residential areas. Section 100-71. Use regulations. In a Residential Office (RO~ District, no buildinc~ or premises shall be used, and no buildincJ or part of a buiidinc~ shall be erected or altered which is arranc~ed, intended or designed to be used, in whole or in part, for any uses except the followin~: A. Permitted uses. (1) One-family detached dwelllnc~s, not to exceed one dweUin~ on each lot. (2) Buildlnc~s, structures and uses owned or ooerated by the Town of Southold, School Districts, Park Districts and Fire Districts. Bo Uses permitted by special exception by the 8bard of Appeals. The followin(~ uses are permitted as a special exception by the -~oard of Appeals as hereinafter provided, and subiect to site plan approval by the Plannin(j Board, provided that not more than one (1) use shall be allowed for each a0,000 sq.ft, of lot as Special exception uses as set forth in and regulated by Section I00-3tl3 (1) throucjh (7) of the A~riculturai-Conserv~tion District (2) Professional offices and business offices. (3) Funeral homes. Bed and Breakfast uses as set forth in and rec~ulated by Section 100-3tBI except that no site plan approval is rec]u~red. (5--) Libraries. museums or art c~aileries. Accessory uses, limited to the foUowinc~: (1__~) Accessory uses-as set forth in and rec~ulated by Section 100-31 through (7! of the Ac~ricutturaI-Conservation District, an(~ sut3iect to the conditions set forth in Section 100-33 '.hereof. (2) The followinc~ sicjns, subiect to the supplementary s~n rec~ulati~ons set forth in Article XX: One (t) indirectly illuminated nameplate or professional sic~n not more than two (2) square feet in area. [b) One (1) real estate sign, either single or double-faced not Iar -- h~n ~ ...... : ..... _cj. and set back not less than Fifteen (15) acrea~.~ or a subdivision has a continuous ~ f~et in size. C- c- [c__~.) One (11 bulletin board or other announcement or identification s~n for uses permite~ by Section 100.31B (3). (~), (5) and [ , not more than eic~hteen (18) sc~uare feet in area, not less than fifteen [15) feet from any street or lot line. Accessory uses set forth in and regulated by Section 100-q2C[3) of the Hamlet Density Oistrict. Section 100-72. Bulk. area and parkinc. J requirements. A. No buiidin~ or premises shall be used and no buildinc. I or part thereof ~ shall he erected or altered in the Residence-Office (RO) Oistrict unicos the same conforms with the Bulk Schedule and Parkinc~ and loadinc~ Schedules incorporated into Chis choppier, with the same force and ~'ffect as if such regulations were set forth herein in -36- 14. Article VIII is repealed and a new Article VIII is added in its place, to provide as follows: ARTICLE VIII Limited Business [LB) District Section 100-80. Purpose. The purpose of the Limited Business District (LB} is to provide an opportunity to accommodate limited business activity aloncj hicjhway corridors, but in areas outside the hamlet central business areas that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on revtew of design features so that existing and future uses will not detract from surrounding uses. The additional uses must ~enerate iow amounts of traffic and be desicjned to protect [he residentail and rural character of the area. Section 100-81. Use regulations. In the LB district, no buildinc~ shall be used and no buildinc~ or part of a building shall be erected or a tered which is arranc~ed, intended or desic~ned to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) Any permitted use as set forth in and regulated by Section ]00- 31A of the A~ricuitural-Conservation District. (2) The follow, inc~ uses are permitted uses subiect to site plan approval by the Planning Board: (a) Retail businesses complementary to the rural and historic character of the surrounding area limited [o the followinc}: ti) Antique, art and craft shops and gallaries. {ii) Custom workshops and machine shops. (iii) WhoJesale or retail sale and accessory storage and display of c~arden materials, and plants, including nursery operations, provided that the outdoor storac~e or display of plants traffic and does not occur within three {31 feet of property line. (iv) Libraries or museums. (b.~) Professional and business offices. (c) Funeral Homes. (d__L {e) Restaurants, exceDt drive-in restaurants. Personal service steres and shops, includincj barber shop, beauty parlor, professional studios and travel ac:..l___~.:.ei~c . including cabinet sho~)s, carpenter sho)s. ~luctrical plumbing shops, furniture reoair shops and bic¥cj~_,-~-j (g) Wholesale and warehousing. th) Retail uses supplementa~ to the service business establishment. B. Uses permitted by special exception by the Board of Appeals. The following -- uses are perm tted as a special exception by the Board of ^ppeals as hereinafter provided, and except for Bed and Breakfast uses are subiect to site plan approval by the PlannincJ Board. (1) Any special exception use as set forth in and recjulated by Section ~ i00'-318 of the A.cjriculturaI-Conservation District, Accessory uses, limlted to the following uses: it) An accessory usa as set forth in and regulated by Sectio~ 100- ~ ~i~ (1) through [8) of the Acjricultural-Conservation Distrtct, and SUhiect tO the conditions set forth in Section 100-33 thereof. (,2.). Sic~ns subject to the following requirements. (a) Freestanding or ground signs. Where the building is set back twenty-five (25) feet or more from the street, one sign. ~ingte or double-faced, not more than eighteen (18) square feet. the lower edge of which shall be not less than four feet at~ve tt~'~' c~round, unless attached to a wall or fence, and the upper edge of which shall not extend more than fifteen (15) feet above the ground, which sign shall be set back not [ess than fifteen (15) feet from all street and property lines and shall advertise only the business conducted on the premises. As used in this subsection, the word "premises" shah mean all contiguous prooerty in common ownership, (b} Wall signs, One sign attached to or incorporated in each building. Wall on a public street and advertising only the business conducted in such building, provided that such sign does not: (i) Exceed one (1) square foot in total area for each horizontal foot of such wail. (ii) Exceed in width one hundred percent (100%1 of the horizontal measurement o( such wall. {iii) Exceed three (3) feet in height. (iv) Proiect more than one (1) foot from such wall, Section 100-812. Bulk. area and pa!'king requirements, Except as otherwise p~-ovided herein, no buildings or Dremises shall be used and no buildin~ or part thereof shall be erected or altered in the LB District unless the same conforms with the Butk C,¢hedule and Periling and /oadincj Schedules incorporated into this chapter by reference, with Ihe same force and effect as if such ~ec~uJations were set forth herein in full. 15. ARTICLE IX Humlet Business (HB) District Section 100-90. Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, incJuciinc] retail, office and service uses, public and semi-public uses, as well as hotel and motel and multi- family residential development that will support and enhance the retail development and provide a focus for the hamlet area. Section 100-91. Use regulations. In a HB District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) Any permitted use set. forth in and regulated by Section 100-31A (1) and (3) of the AcJricuitural Conservation District. (2~) Any permitted uses as set forth tn and as regulated b~_ Section 100- 42A (21 of the Hamlet Residential District. (3) Boardinc] houses and tourist homes. Business, professional and c~overnmental offices. (S)Banks and financial institutions. (6)Retail stores. Restaurants, excfudlnc~ drive-in restaurants. Bakeshops (for on-premises retail sale), (9) Personal service stores and shops, inctuding barber shop, beauty parlor, professional studios, and travel agency. (10) Art, antique and auction galleries. [11) Artists' and craftsmen's workshops. (12) Auditorium or meeting (13) Repair shops for household, business or personal appliances, inctudJnc~ furniture repair shops and bicycle and motorcycle (lq) Custom workshops. (_I$__~_ Bus or train stations. (~15_~) Theaters or cinemas (other than outdoor) . (17) Libraries or museums. (18) Laundromat. Uses permitted by special exception by the Board of Appeals. The followinc~ ~s are permitted as a special exception by ~hei3oard of Appe~s as hereinafter provided, subiect to site plan approval by the Plann. ing Board, Any special exception use set forth in and as regulated by Section 100-31 B (3) to (6)and (]~) ~,~i '[l~iol the--Ac~r~cuJture Conservati~3n District Multiple dwellin(~s and townhousee. {3) Motel and hotel uses as set forth in and regulated by Section tOO- -- 61 B ~ ) of the Resort Residential B District, except that minim~m lot size shall be one (1) acre, (tl._.}.i Apartments may be permitted over retail stores, subiect to the followin(~ requirements: (al The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the desic~n, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over fiHinc~ stations, stores "' other businesses with kitchens or other fac ities producing' intense heat, or any other establishment which the Fire ' Prevention inspector determines to pose a ~reater-than-averac~e (b! The habitable fl~or area of each apartment shall be at least four hundred fifty 1750) square feet The apartment shall not be contain all services for safe and convenient habitation, rneet~n~ the New Yorf~ State Uniform Fire Prevention and Buildinc~ Cod,e, and the Sanitary Code. There shall be no more than three (3) apartmencs created or maintained in any sinc~le buildinc~. {d} Each apartment, or common hallway servicinc~ two or three apartments shall have a separate access to the outside o( the - buildinc~, which must 0e distinct from the access to uses on the first floor. parkinc~ space meetin~ the standards Of chis c.].~'cer, co~--enientl~. lOCated for access to the apartment. (fl On y :he owner of the buildinc~ in wrtich it is proposed to locate -- (he apartment(si may apply for this special permit. I~o-~'~rd .o.( Appealsshall rec~uire that such applicant execute such acjreements, ~f the Town Attorney, the ~oard shall determine to be necessary Th_e..._a~.oartment, or any proprietary or other interest therein, wi--Tf not be so~-~o the tenet or ~n~ o~er ~,-~'~ .... (iii) The apartment ~s properly constructed, maintained an(J "' ~d, and unapproved~-'~es are exclud~'~-~(~l~; -- (iv) Any other condition deemed reasonable and necessary to insure the immediate and Ionc~-term success of the apartment {n helping to meet identified housitl(~ needs in the community is complied with, Bed and breakfast enterprises or boardin, g and/or tourist home as set forth and regulated by Section 100-51B (3) of the Resort Residential A District. Co (6~) Fraternal or social institutional offices or meeting hall. (7) D rinkinc~ establishments. (8) Public Garac~e. (9.~) Funeral Home. Accessory Uses. (t~) Accessory uses as set forth in and rec~ulated by Section 100-31C (1) through (7) of the Agricultural-Conservation District, and subject to the conditions set forth in Section 100-33 thereof. (2) Signs as set forth in Section 100-81C (2) of the Limited Business District. I3! Directional or informational signs, not exceedincj two (21 square feet, which the Planning Board finds to be necessary to facilitate circulation throughout the district. Section 100-92. Bulk. area and parkinc~ requirements. No building or premises shall be used and no buildinq or part thereof shall be erected or altered in the HB District unless the same conforms with the Bulk Schedule and Parking ancl Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. Section 700-93. Uses confined to enclosed build~nc~s. All uses permitted in a HI~ District, including the disDlay and sale of merchandis~ and the storage of all property, except livinc~ plants, shrubs or ~rees, shall be confined to fully enclosed buildings on the premises. 16. Article X is repealed and a new Article X is added in its place, to provide as follows: ARTICLE X General Business ( B ) District Section 100-100. purpose. The purpose of the General Business (B) District i~ to prey de for retail and who asa e commer'clal development and limited office and industrial development outside of the hamlet centra business areas cjenerall¥ alonc~ maior h~hways. It is designed to accommodate uses that benefit from ' larc~e numPers of motorists, that need fairly larc}e parcels of [and, and that may involve characteristics such as heavy truckinc~ and noise. Section 100-101. Use rec~ulations. In the ~1~) District, no buildincj or premises shall be used, and no buildincJ or part thereof sba be erected or altered which is arrancjed, intended or des~¥,,ed to be used, in whole or in part, for any uses except the follow n(~: A. Permitted uses. Any permitted use set forth in and recjulated by Section 100-3lA (2~ -- and (3) of the Ac}riculture Conservation District. (2~) Any permitted use set forth in and recjulated by Section 100-91A to (18) of the Hamtet Business District. Wholesale businesses, warehouses, and buildincj material storac~e and -- sale, but excludinc} storac~e of coal, coke, fuet oil, or junk. Buiidinc. I, electrical and piumPinc~ contractors' businesses or yards,:. Co d storac~e p ants bak n~l and other food processinc~ and packa(.~inc.;1 -- plants [hat are not offensive, oPnoxious, or detrimental to nei~t~bor;..c.I uses by reason of dust. smoke, vibration, no,se, odor, or effluent. [6) Wholesale or rata sale and accessory storac~e and display of c~arden materials, supp es. and plants, includinc~ nursery operations, provided that the outdoor storage or dispta¥ of plants and material does not o~struct pedestrian flow or vehicular traffic and does not occur ,.,ithin three feet of property (7) Wholesale/retail beverac~e distribution. (8) Funeral homes. ($._~1 Train or bus stations. (10.) Telephone exchanc~es. B. Uses permitted by special exception b~/ the Board of Appeals. The followinc~ Gses are permitted as a special exception by the Bcerd of_App~lu.as ~ereinafter provided, sul3iect to site plan approval by U,e P~annincj Board. (11 An~y_~pecial exception use as set forth in and rec~ulated by Section --' ~-O-1~-3'JJ~ '~ J' tO (13) of the Ac~riculturaI-Conserva~n Oi~rict~ (2) Hotel or motel uses as set forth in and rec~ulated by Se_c_'tion t00 GIB -- (q) of the Resort Residential{RR} Oistrict,except that ..inimum [et size shall be one (1) acre . (3) Bed and breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by Section t00-31B (15) of the ~l-Conservation District, except that no site plan approval Is required. (~) Tourist camps as regulated by Chapter 88 of the Town Code. (5) Research desitin or development laboratories, provided that any manufacturing shall be llmited to prototypes and products for testinc~. {6__].) Fully enclosed commercial recreation facilities including, but not limited to, tennis clubs, skating rin~s, paddle tennis, handbat~'and sguash facilities, dance hails, billiard parlors, ~3owling alleys, heatth spas and clubs and uses normally accessory and incidental to commercial recreation, such as locker rooms, eatinc~ and drinkJnc~ facilities, and retail sale of (~oods associated with the particular activit~c' (7) Laundry or dry crooning plant subiect to the foilowin(~ conditions: (a_._~.~ All processes and storage shatl be carried on within an enclosed buildinc~, [b~) All fluids used in processing shall be recycled, and the overall facility shall be designed, located and operated to protect surfac~ waters and the ~roundwater reservoir from ~oJlution. Fraternal or ~cial institutional o~fice or meetin~ hall {non-profit). Fast f~d restaurants, provided that eatin~ on the premises of the fast f~d restaurant shall be permitte~ only inside the structure or in areas sp~ificall~ designated and properly maintained outside of is forty ~hou~nd (~0.000) square ~ee~. (~0) Drin~in~ establishments. (11) Automobile (~]) Public ~ar~ges. ~asoline service stations, new and used motor vehicle and ~railers an~ boa~ sales, wi~n accessory repair facilities ail sub~ect ~o ~e followin~ ~equ~rements: (a__~ Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty {30) feet and shall be located not less than ten (f0l feet from any property line, and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-Way. {b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (C) Vehicle lifts or pits, dismantled automobiles, boats and vehictes and ail parts or supplies shall be located with,~ a (d__~) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale pt c~asoline or oil, conducted in a building. (el The storage of cjasollne or flammable oils in bulk shall be located fully underground and not less than any property line other than the street line. (f__].) No c)asoline or Cuel bumps or tanks shall be located less than fi(teen (15) feet from any street or 'Jroperty line. Outdoor area [ic)htinc~ shall be that c~enerally ~eclulred for security purposes and shall be restricted to the front one- th rd (1/3} of the lot depth. All outdoor tlc~htinc~ shall ba located at a heir)hr of no[ more than fourteen t4 feet aba, ye c~round level and so directed that illumination should not extend beyond lot lines. (hi No c~asoline service or repair shoos or similar businesses are -- to be located within three hundred (:300) feet of a church. public school, library, hospital, orphanage or a rest home. Partial self-service ~asoline se?vice stations, subject to all of the provisions of Section tQ0-101B (12) herein, and the followin~ additional requirements: {a) Each partial se f-service c~asoline facility shall have a qualii~ied attendant on duty whenever the station is open for business. It shall be the duty of the qualified attendant to con[roi and operate both the console re~ulatinc~ the flow of c. lasoline to the dispensin(.-1 equ pment [hereafter to be operated by the at the self-service pump island and the dispensinc.! equipment on lhe Other pump islands. (b) Gasoline shall at no time be dispensed without the direct supervision of the c~uatified attendant. A controt shall be provided which will shut off the flow of c. lasoline to the ci spensin~ ecru plant at the self-service pumb island .~hene~er the c~ualihed attendant is absent from the control console for any reason whatever, includinc. I when he is operatinc.~ the dispensin(.-1 ecjuipment on the other pump islands. (c) The console re(~ulatinc~ the flow of (.~asoline to the remote -- dispensin~ ecju'ipment thereafter operated by the custom:'r at as to C. live the qualified attendant controllinc~ said console an unobstructed view of the operation of sad remote dispensinc. I ec~uipment. (d) The self-service pump island shall have controls on all bumps -- t]qat will perm t sa d pumos [o operate only when a dispensln~ nozzle is removed from its bracket on the pump and the sw for this pump is manually operated. (el The self-service pump .island shall be protected by an automatic fire protection system ,n lhe form bi an approved system of dr,/ powder release which will.act as an automatic fire extinHuisher. (f) No customer shall be permitted to dispense ~asoline unless he -- shall possess a valid motor vehicle operator's license. {C. lJ There shall be no latch-open device on any self-servlce dispensinc~ (141 Private transportation service including garage and maintenance -- facilities. [t) Accessory uses set forth in and as rec~ulated by Sectio~ lDO JtC -- (lJthrouc. lh (8) of the Ac~riculturaI-Conservat~on District, sutJjuct to the conditions set forth in Section 100-33 thereof. (2~ Wall sic~ns as set forth and regulated in subsection C (2}(b) of the -- Lhnited Business District Section I00-81. {3) Free-standing or ground signs. Where the building is setback twenty_- five (25) feet or more from the street, one (I) sign, single or double- faced not more than twenty-four (24) square feet, the lower edc. te of which shall be not less t~n four (Ii) feet above the ground unless attached to a wall or fence and the upper edge of whJcll shall not extend more than fifteen (15) fee[ above the ground shall be permitted, which sic~n shall be set back not less than fifteen (15) feet from all street and property lines and shall advertise only the business conducted on the premises. As used in this subsection, the word "premises" shall mean all conti~luous property in common ownership, {4) Open storage of materials or equipment provided that such storage shall -- be (1) at least 25 feet from any 10~ line 2 not be more than six feet high, and!(3) be suitably screened by a solid fence or other suitabl--~' means of at least six feet in heic~t. Section 100-102.BIJI~.,orea and parki*g requirements.. No buildinc~ or premises shall be used and no building or part thereof shall be erected or altered in theTE~District unless the same-~onforms with Bulk Schedule and Parkin9 and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulation were set forth herein in full. 17. Article Xl is repealed and a new Article Xl is added in its place to provide es follows: ARTICLE Xl Marine I (MI) District Section 100-110. Purpose.. T~=;iat~c~ ;~ses which are those uses d~ocation in ma~ne r ulre or benefit from direct acce . . ,~ ~' al creeks Section 100-111. Use Rec]ulations. ~cted or altered whic~h ~~hole or ~-~ A. Permitted uses._ (1) One (1) One-family detached dwellinq per sincjle and -- separate lot of record in existence ~,s of the date adoption of this local law. (2) Marinas for the dock nc], moor nc] and accommodation of~ recreational or commercial boats, ~ncludln.q the sale of fuel and oil primarily for the use of boats accommodated in such marinas. (3) Boat docks, slips, p ers or wharves for pleasure or -- fishinc.~ trips or for vessels enc]ac]ed in fishery p., shellfishery. (4) Boat yard for buildinc], storinc] repairing1, renting_, ~ellinq or servicinc] boats which may ~nclude. the~ ~vide~, r ~s t r_oon~ overnic]ht patrons. ___5) Boat and marine enc]ine re_u~air and sales arid_display., ~cht broker, marine insurance broker. [6) Bu Idin,c]s structures and uses owned o~ operated by ~he Town of 5outhold, School Districts, Park District'; ~nd Fire Districts. .__7} Retail sale or rental of fishinC~, divinc], bathincj ~oplies and equipment if accessory to marina or bo~.~ ~ard of ships loft or chandler'/~. ~ mitted by soecial exception by ~he~Board o{ B. Uses per - ,,&...,~'-- -=~s are ~ermitt~__ as a s~eclal eA~xcPeel~iSon bTyheth;°'~uor~';;Wof~peals, ;s herema~fte.ripr°vtded' ~ubj;ct to site plan approval by the Planmn~ each Club, yacht club or boa~ C,.U_b~in~c.~]~irlc..1 uses (1) Beach t~tuc~, .~_,,_t h as swimmin ools, tennis courts, and racquetb · (2~) Mariculture or aquaculture operations or researd3 and ~ev~e[opm e nt~. -46- C. Accessory uses, limited to the followinc~: Accessory uses as set forth in and re.qulated by Section 100-31C (I) throucJh (7) of the A~riculturaI-Conservation District, and subject to the conditions of Section 100-33 thereof. (2.~) SicJns, as set forth in and recjulated by Section 100-81C (2) of Limited Business District. Section t00-112. Bulk, area and parkin~ re~uirements. No buildin~ shall be used and no building or part thereof shall be erected or altered in the MI district unless the same conforms with the Bulk Schedule and Parking and Loadincj Schedules incorporated into this chapter, by reference, with the same force and effect if such recJulations were set forth herein in full. 17A. Article XII {Board of Appeals) is renumbered Article XXVII a.~d a .iww Article XII is added in its place, to provide as follows: Marine Il (Mil) District_ Section 100-120. Purpose. To provide a waterfront location for a wide range of water dependent and water related us~ which are those uses whi~-~ require or benefit from direct'ac'~cess to, or location in marine oL on m ajo. r. tidal waters and which in .general are located waterways, open bayfronts or th~ Lonc/ Island Sound. Section 100-121. Use Re.c/ulations. n an Mil District, no buildinq or premises shall be used and n~ buildincJ or part of a buildin~ shal be erected or altered which is arran.tied intended or des~.cJned to .,be ~sed, !n whole or ,.~, ~' ...... s-s exceat the fohowln~ [one use pe~. Water, unless otherwise sp ' ): ^._~. Permitted uses. One {1) One-family detached dwellin,q per sin,~le and separate lot of record in existence as of the date of adoption of this local law. {2) Mar nas for the docking, moorin,q and accommodation -- of recreational or commercial boa{s, includin.c/ the sal~ of fuel and oil primarily for the use 'of boat~ accommodated in such marina. (3) Boat docks, slips, piers or wharves for charter boats carryinq passencjers on excursions, pleasure c~... fishin,q' trips or for vessels enclaqed in fishery o,' shellfishery. (tl) Beach club, yacht club or boat club ncludin~ use~ -- accessory to them such as sw mmin.q pools, tennis courts, raquetball facilities. Boat yard for bu Idin~ storing, repairin.g, renting, (5) ~ . · ' 'ch ma i'nc ude the sellin or servicing boats whl y . follo~vqin,q as an accessory use: office for the sale u~ ~arine equipment or products, dockside facilities fo, ~i~pensin~ of fuel and where pumpout stations a~ ~6viUed,' restroom and laundry facilities to ser,;~ ?vernight patrons. (6.~} Mariculture or aquaculture operations or research and ~velopment · ____7) Boat and marine en.~line repair and sales and display., ~acht broker, marine insurance broker. (_~8) Buildings, structures and uses owned or operated by ~he Town of Southold, School Districts, Park Distric[. and Fire Districts. __.9) Retail sale of rental of fishing divinc, t, bathincj. ~uuppI es and equipment i~'~-accessory to marine or boat yard of ships loft or chandlery. -48- Uses permitted by special exception by the Board of Appeals. The followinq uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subiect to site plan approval by the Planninq Board. (1.~.) Restaurants excludin~ outdoor counter service, drive-ins or curb service establishments. Such prohibition shall not prevent service at tables on a covered or uncovered terrace or porch incidental to a restaurant. (2) Ferry terminal. (3__~.) Transient hotels or motels subiect to the followin~ conditions: (a.__~.} The minimum area for such use shall be not [ess than three (3) acres. [bi The number of cJuest rooms permitted in the hotel or motel shall be determined by, (1) the proportion of the site utilized for such use. and {2} the availability of public water and sewer. The maximum number of quest units shall be one (1) unit per four thousand (q, OOO} square feet of land with public water and sewer. [q} Fish processinq plant. (5._.~) Fish market which may include a combination of wholesale and retail sale of finfish and shellfish. [6__].) Museum with nautical theme or art 9allery. Accessory uses, limited to the followinq: Accessory uses as set forth in and requlated by Section 100-31C (1} thoru~h (7) of the A~ricuJtural-Conservation District, and subiect to the conditions of Section 100-33 thereof. (2_~.) Sic~ns, as set forth in and arecjulated by Section 100-81C (2) of Umited Business District. Section 100-122. Bulk, area and parkinc~ requirements. No buildlnc} shall be used and no buildincj or part thereof shall be erected or altered in the ~411 district unless the sam~ conforms with the Bulk Schedule and Parkinc~ and Loadincl Schedules incorporated into this chapter, by reference, with th~ same force and effect if such regulations were set forth herein in full. 18. Article Xlll is repealed an a new Article Xlll ;s added in its place, to provide as follows: ARTICLE XIII Lic~lht Industrial park/Planned Office Park (t. IO) Distr[ct Section 100-130, Purpose. The purpose of the LJc~ht industrial Park/Planned Office Park {LID) District |~to prov deopportunit¥ for the location of business and professional offic, research facil t es ndustrial uses and similar activities in an open, campus- like settin~ in areas which are not appropriate for ~v....~erciat ac. tivit¥ or Iow density residentia development, in this area such uses can be established an attractive environment and serve both as a means of preserv nc~ the open qualities of an area and providinc~ an area, adiacent to hamlet areas who. re ~Jch uses can be appropriately developed with suitable protecuon for c. lrouno and surface waters. All uses must conform to Suffolk County Health Department, standards. Section I00-131. Use recalulatlons- n a LID District, no buildinc. I or premises shall be used, and no buildinc~ or, dart of a buildnc~ shatl be erected or altered which is arranc~ed, intended [~esic~ned to be used. in whole or in part, for any purpose except the following: A. Permitted uses. I. Any perm tted uses set forth in, and as reC. lulated by Section 100- -- 31A (21 and (3) of the Ac~ricultural-Conservation Distr ct. 2. Any permitted uses set forth in and as rec~ulated by Section 100-101A -- (~) to (5} of the General Business District. 3. Office buildincjs for businesses, c~overnmental, and professional uses. -- includinc~ administrative traininc~, da[a processinc.~, publication. financial and sales offices. Telephone exchanges. 5. Buildings, structures and uses owned or operated by the Town of -- $outhoid, School Districts. Park Districts and Fire Districts. Uses permitted by specal exception of theBoard of Appeals. The following provided, suP~ect to s~te plan app y ¥ ' (1) Any special exception use set forth in and as regulated by Section -- ~00-101 B (5), (7) and (10) of the General Business District. Ij_L LicJht ndustrial uses invo v nc~ the fabrication, reshapinc~, reworkinc~, assemb y or comhinincj of products from previously prepared materials and which do not involve the synthesis of chemical or chemical prodb,.ts other than for pharmaceutical or research purposes or the processinc~ ma~y intrude ndustrial operations such as electronic, rnach~n_~e parts ~1 small component assemb o-~'~i~)~(~ su--'ch as automobile-assembly ,r rnii~l~ aE[i~ti-~s-~d will be sub~.t to [he fotlowinc~ conditions: (al No such process or operation shah involve [he han~dlinc~. 5tor~cJe P , . P .___, Y ~f animals or humans. -50- (b~) No offensive noises, c~ases, fumes, smoke, odors, dust. effluent or vibrations shall emunate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be iniurious to health or to negatlvely impact groundwater. (c) Such processes shall involve the use of only oil, gas or electricity for fuel. Conference facilities subject to the fo)lowing conditions: fa) Where rooms are provided for conference attendees, they should be permitted at the same number per acre as hotel/motel c~uest units set forth in and reeducated by Section 100-61B (G) of the Resort Residential Public utility structures and uses. (51 Printing or publishlng plants. [6_.~) Truck or bus terminals (c,~arages, parking facilities, loading docks, etc. (7) Food processing and packaginc~ plants (not including fish processinq plants). [8) Wholesale and retail sales and repair of boats and marine items. (9) Boat building; boat servicing; boat storage facilities. (10) Restaurants. (11) Sauerkraut manufacturing plant. (12) Basic Utility S[age [I airport, suPiect to the following condition: (al Minimum parcel size shatl be 100 acres. (1:3) Bed and Breakfast uses as set forth in and as rec~ulated by Section I00-31B(15). provided that no s~te olan approval is required. Accessory uses: (1) Accessory uses on the same lot with and customarily i~cidental :o any permitted or special exception use and not invoivinc~ a sedan-ate (2) Wall sign__sas set forth in and rec~utated by Section 100-81C of the Limited Business District, limited to a maximum size of thirty (30) square feet in area. (3__~) Freestanding or ground signs as set forth in and regulated by Section 100-101C {3) of the General Business District. (~) Fully enclosed storage facilities incident)al to the prif~cipal use. (5) Open storage as set forth in and regulated by Section 100-101C (~) of the General Business District. (6~) Indoor and outdoor recreation facilities for the exclusive use of (7) In-service training schools for employees of the principa~l use.. (8__~) Pri~vate garages for the storage and service of motor vehicles owned thereof, or visitors thereto, including the sale of them, but no'~-to the public generally of gasoline, oil and minor accessories. (9) Central heat nc~ and power plants accessory to the principal use and · ' the service of all structures on the 'p~mlses. (1,0.), Maintenance and utility shops incidental to the principal use. (11) Off street parking and Ioadiz~c~. Said areas shall not be nearer than [r~ft¥ {50 teat to any lot line or street, and if ~enerall¥ adiacent to any street or any residence district, shall be suitable screened by a landscaped strip of at least ten (I0) feet in width. Section 100-132. Bulk, area and parl¢in~ rec~uirements. No bu din(J or premises shall be used and no buildin~J or part thereof shall be erected or altered in the L[O Lic~ht Industrial Park/Planned Office Park District unless the same conforms with the Bulk Schedule and Parkinc. I and LoadincJ Schedules incorporated into this chapter by reference, with the same [orca and effect as if such recJulations were set forth herein in full. 19. A~'ticle XIV (Administration and Enforcement) is renumbered Article XXVIII and a new Article XlV is added in its place, to provide as follows: ARTICLE XlV Lic~ht Industrial (LI) District Section 10a-lq0. Purpose. The purpose of the L[c~ht Office (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LID Lic~ht Industrial ParkJPlanned Office Park District. Section 100-1ql. Use regulations. In a LI District. no buildlng or premises shall be used, and no buJldinc. I or part of a buildinc~ shall be erected or altered which is arranc~ed, intended or desicjned to be used. in whole or in part, for any purpose except the following: A. Permitted uses. Any permitted uses set forth in, and as rec~ulated by Section 100- 31A (2) and (3) of the A(~riculturaI-Conservation District. Any permitted uses set forth in and as regulated by Section 100-13tA (2) to (5) of the Light Industrial ParkJPlanned Office Park District Uses permitted by special exception of the Board of Appeals. The followinq uses are permitted as a special exception by the ~oard of A~oeals,as hereinafter provided and subject to site plan approval by the Planning Board. Any sbecial exception use set forth in and as regulated by Section 100-131B (1) to (11) of the Light industrial Park/Planned Office Park District. Bed and Breakfast uses as set forth in and as rec. lulated by Section 100-31B[15), provided that no site plan approval is required. Acces_sor_~. uses on the same lot with and customarily incidental to an~f_~.permitted or special exception use and not ~nvotvinq a separate Wall sicJns as set forth in and as regulated by Section 100-81C of the Limited Business District. limited to a maximum of thirty square feet in area. Freestanding or ground signs as set forth in and as regulated by Section 100-I01 C (3) o~'~e General Business District. Accessory uses as set forth in and as regulated by Section 100-131(- (3) and (7) through (10) of the LJgilt Inc~ustrial Park/Planned OfficP Park District. wi-~h~h~u~ ~le and Parking and Loa~i'~g-Sc-~:-f~'~'~-edu~-e-~;'n-~-o;-~'~:~-t~J-'in¢o th--'T~-~'b~'--~'~'_ence, with the same force ~ set~ h~: -53- 20. Article ×V (Amendments) is renumbered Article XXIX, and a new Article XV is added in its place to provide as follows: ARTICLE XV Density. Minimum Lot Size and Bulk Schedules Section t00-150., Existinc~ Bulk and Parkin(~ Schedule The existinq "Bulk and ParkJnq Schedule" incorporated into this chapter by referenc'~ s hereby repealed, and the Density, Minimum Lot Size, and Bulk Schedules hereinafter set forth are subst tuted in place thereof. Section 100-$51. Density, Minimum Lot Size, and Bulk Schedules. Except as otherwise provided in th s chapter no buildin~ or premises shall be used or occupied and no buildin~ or structure or part thereof she be erected or altered in a use district unless the same conforms with the and Minimum Lot Size Scheciutes and the t~ulk Schedules hereinafter set forth, -54- -56- to be Article XVlll, Cluster Development. Section $00-180. ~urpose. The urpos~e, of, thi, s r~o_vjs!o~n~ is to ~nd inova~ion in ,h~ ~ ~~n~j ~ther, t~ ap>icaLion of the cluster development t~hni~ue is tn&ended to achieve: A, Maximum reasonable conservation of land and protection of groundwater suppl~. and ~roufldwa&er recharge areas. Preservation of a~ricultural activity b~ encoura(~inq retention of large continuous areas of a~ricul~ural use. C. Variety in wpe and cost of residential development, thus increasin~ the choice ~f housin~ ~ypes available to Town residents. Preservalion of trees and outstandin~ natural fee[utes, preven(ion of soil erosion, creation of usable ope~ space and recrealien areas and ~reserva[ion &f scenic ~uali[ies o~ open space. E. A shorter network of streets and utilities and more e~ficien[ use ot ener~ -- than woutd ~e ~ossible through strict application of standard zoning. Section 100-181. Applicability. lots of ten {~0) or more acres in the A~ricultural Conservation, the R- A. O~0 ~,C~e~%~ Oensit Residentlal~, R-10~ and R- ~00 Districts, clusterin~~' su~ to the ~ollowin~c~n~[i~ns: The residential use will be single family de~ached hpmes for Io~ size5 of 30.00G square feet or lar~er; and de~ach~ or attached houses Io[ sizes less than 30,000 square leer. The density o~ these h~mes will bo as specified in the particular district and determined as indicated in suDs~ctlo~ C beiow. The minimum lot ~ize shah be: -- R-~0, R-i~0, R-J00 and R-~00 Districts. c[usterin~ is permittea and may procedure. An appIca~o~t for cluster development snail include a map or maps showin9 the P ann n~ Board together wit~ a map which shall be prepared for C~ns dera[ion as a standard 5uDdivis;on conformin9 to may be p~e~ared tot any contiguously owned holdings, whetl~ the areser)arated by an existing stree~ offerin9 direct accuss to such - '~ : -'1 other cases, the ho'dinQs shall be consid~'red as separate parcels. -59- (3) In a cluster development, lot area. width, depth, front yard. rear yard and side yards may be reduced to less than the minimum requirements set forth in the Bulk Schedule, provided that such modification or changes shall not result in a c~reater average density or coverage of dwelling units than ~s permitted in the zoning district wherein the land lies. D. The area of a cluster develooment shall be in single ownership or under -- ~"~i fled control. Prior to the issuance of a buildinc} permit in a cluster development, a site plan shall be submitted to and approved by the Planninc~ Board id accordance with Article XXV of [~qis chapter and the followincj conditions: (I--) Said site plan shatl include areas within which structures may be located, the heic~ht and spacincj of buildinc}s, the location of open spaces and their landscaping, off-street open and enclosed (if an~,) parking spaces, and streets, trails, site easements and recreation facilities, driveways and any other physical feature5 relevant to the proposed plan and .determined to be necessary by the Planninc~ Board. (2) Said site plan shall include a statement setting forth the nature of ail proposed modifications of existing zomn~ provisions. Nothing contained in this chapter shall relieve the owner or his accent or the developer of a proposed cluster development from receiving final plat approval in accordance with the Town subdivision regulations. In aoorovinc~ the final plat for a cluster develoL3ment, the Planning Board may modify meets all other requirements of the Town sul3divislon regulations. Common Areas. The Planning Board shall establish such conditions on the ownership, use, and maintenance of common areas, inciudinc~ open space, as it intended purpose. Common areas and/or open space may either Pe A cluster development shall be orc~anized as one of the followinq: a condominium corporation: a Homes or a Homeowners Association approved by the Federal Housin~ Administration for mortqa~e Homes Association _approved by the Town Attorney and Towel Board; Board as satisfying the intent of :his cnaoter. Whenever a Homes Association is proposed, the Town 8pard shall retain the right to each lot owner, and an_y.~ owner acco.-din~ to the deed to each unit. is auton~a~l~er, and eact~Z~t is automaticully s~ubiect to a chortle for a proporti(~nate share of the ~xpenses -60- for he ort~anization's activit ~ includin~l real ~roperty taxers Each lot shall be subiect to a lien in the event of .non-paymun[. Title to all common property shall be placed in the Homes that it automatical~ will be so placed within a reasonable~eriod Of time. and shall have the ric~ht to the use and enioyment of the common property. Once established and title to the common land is conveyed to o--'~'~'~-~'~mon land and faclht~s shall I~e w~th tll~ Hom~s Assoc~al~on. (e_~.) Dedication of all common areas shall be recorded directly on the J'J"~l plat, and/or ~y reference on ~hat plat [o a dedication in a separately recorded document. ResuOdivision of such areas [~ prohibited. The dedication shall: {1) Save the title to the common property to the Homes Association -- ~ee of any cloud of implied public ~edica[ion. (2) Commit the developer to convey the areas [o the Homes ~ssocia[[on at an approved tim~. [3) Grant easement of enjoyment over the area to the Io[ owners, ~uD~t ~o restrictions as shall b~ ~mposed by recorded G~v~ [o the Homes Association the right to borrow for H. Covenants shall be established, limitin~ all lots to one-family use and all -- c~mon lands to open space uses approved by the Town ~oard. NO o'r~ove~ant sn~,~'~fica--'~r-~'n~'bit any d~v~lop,nent ~en sFace or aqri~uit~ral use on the specifieQ open ta,~d b~i{e developer to th~ Hom~s Associ~ion. -61- Prior to plat approval, the develooer shall file a performance bond ~'Tth the Town Board to ensure the proper installation o[ all re¢l~ed the form, sufficiency, manner of execution and sufficiency of the surety shall be approved by the Town Board and the Town Attorney/. The certificate of incorporation of the or(3anization and its by-laws shall contain the fol[owin? provisions and notice of said provisions shall be specifically given in any brochure or prospectus issued by the developer, namely: That such organization is established to own and maintain common open space or common etements and that if such orc~anization, or any successor organization, shall at any time after title to such common land and other common elements is conveyed to it shall fait to maintain the common open space and other common elements in reasonable order and condition in accordance with the plan proposed, the Town Board may cause a written notice to be served by certified mail upon such or(.3anization, at its address as shown upon the last comoleted town assessment roll, or in the same manner upon the owners of the lots in such subdivision at their address as shown uoon the last completed assessment roll, which such notic~ shall' set forth (a) the particulars in which the common open space and other common condition; (b) a demand that such deficiencies in maintenance shall be remedied within thirty (30) days from the date of such notice: (c) that upon the failure to r~med¥ such default in maintenance, within the t~me spec:fled, that the Town Board will hold a hearinc~ upon the matter uoon not less than five {5) days' notice in writincj sent by certified mail to such orc~anization or to such lot owners; (o) that after such hearinc~, the Town Board may take such action as it deems abpropriate to provide elements, and that any and all costs and exbenses incurred by the Town for such purposes may be assessed upon ail of the lots the same time as real property taxes are collected in the Town of $outhold. The Town Board, in order to insure that the open space will be used common open spac~ lands. -62- 22. Chapter 100 is amended by adding a new Article thereto, to be Article XIX, to provide as follows: ARTICLE XIX Parkin9 and Loading Area Suction 100-190. Purpose. Rec. lulatons for off-street parkin9 and truck Ioadinc.] areas are imposed in order to minimize traffic conc. lestion, air pollution, the r sk of motor vehicle and ped~..,trian accidents, and to address aesthetic considerations. Section 100-191. Off-street parkinc~ areas. Off-street parkinc~ spaces, open or enclosed, are permitted accessory to use specified below. Any land which is developed as a unit under sinc~le ownership and control shall de considered a s~nc. lle lot for the purpose of these parkin9 recjulations. Reasonat:) e and aopropriate off-street parkincj rec~uirem~nts fo,' structures and uses whch de not fall w thin the catecjories listeol below shall be determined by the Panninc~ Board upon consd~retion of all factors enterin9 into the park n~ needs of eacl~ use. For those uses not specified in the schedule. there shall be a periodic monito~incj of off-street parkincJ conditions to insure that the purpose of this artcle is satisfied. In acic~ition, the Plannincj Board may waive e I or a port on of these rec~u rements will, in the Hamlet Business District where it shall find that municipal parking fac ities within three ~Jndred ~3001 feet of the proposed use will ad~uately serve the proposed use. -63- TYPE OF USE REQUIRED NUMBER OF PARKING SPACES Accessory apartment in existing one-family dwelling Antique shop, auction gallery, arts and crafts shop and workshop Auditorium, meetinc~ hall Automobile raundr¥ Bank Beach club or swim c~ub Bed and breakfast enterprise Boarding house, tourist house Boat and marine engine repair and and sales, if separate from marina Boatyard. including boat sales and Bowling Lane Building, electrical or dlumbing Cold storage plant College O rinking establishments silellfish. Food processing and packaginc~l, 'i_-~_c._l-.udi___ng fish processing One per accessory apartment in addition to two for one family dwelling. One per 250 square feet of sales area. One per apartment in addition to business requirements. One per 50 SClUar.e feet of seatinc, t area, but not less than one per four seats where provided. One per employee plus a ten space queuing line area for each laundry bay. Ten spaces or one space for each 100 square feet of ~ro~s floor area or three spaces per teller, whichever is greatest plus a five s{)ace queuing area for each drive-in teller. Two spaces per three members. One space Der guest room in addition to residential rec~uiremen ts. One space Der c~uest room in addition to residential requirements. One space per 250 square feet of c~ross floor area. Sales and rental portion, three spaces, in addition to marina requirements. At least four spaces perlane. One s~3ace for each employee plus two spaces. of gross floor area. .5 spaces per student plus .75 space per staff member. One space per four seats in the largest assembly One space per three seats or one space per 100 square feet of floor space, whichever ~-s c]reater. 500 square feet of gross floo,~-~, wt~ever is ~reater, -6q- Fraternal or social office or meeting hall Funeral home Gasoline service station, partial, self-serwce Gasoline service station with minor indoor repair facility Greenhouse, Floral shob, flower shop, nursery, or similar Facilities either enclosed or unenclosed. Home occupation, including home professional office, except physician Or dentist Hospital Hotet, motel, resort and transient Inservice training facilities for omployees Laundry plant, dry cleaning plant Laundromat Library, museum, art c~allery Lic~ht industrial uses MaricultureJaquacul lure business Marina. Membership club, country club; club or c~olf course public, tenn.~ club Motor vehicle, mobile home sales room or outdOOr sales lot including rental of equipment Multil:>le dwellinc~ (three or more 'f~l~ies) See office. One space for each three seats provided herein or one space for each100 square feet of space available for public use, whichever is greater with a minimum of 25 spaces. Three space queuinc. I area for each pump plus one space for each employee. Same as (~asoline service station above plus two for each bay. One space per employee plus 'three space-~ or one space per 200 square feet of salesand/or dismay area whichever is c~reater. Three spaces per home occupation plus two spaces required for single family resident=. One space for each bed. One space for each c~uest room and one For each employee or one space per c~uest room, whichever is c. lreater, plus acce=sory use parking as rec[u~red. See conference facilities. One per employee plus one ~er 200 square feet o~ customer service ar~.a. · 75 per washing machine. See auditorium. One per embloyee or one per 500 square feet of floor area. whichever ~5 c~reater. See lic~ht industrial. One space per boat slip, moormc~, dock space or similar unit of capacity, plus o.e space per employee. At least one for each two members or accommoda- tions (such as Jockers), whichever ~5 greater. plus one for each employee. One per each 600 square feet of showroom Studio T'l~ud room per dw~llin, u~l~t per dweil,nc~ un~ per dwcllin_~l, un.t; .25 bedroom in excess of ~' -65- Nursin~l home, proprietary rest home Office: business c~overnmental and professional except physicians or dentists._:.. Office: for physician or dentist One-family detached dwellinc~ Personal service shop: barbershop. beauty parlor Philanthropic. eleemosynary or relic~ious institution Place of worship Printinc. I or publishincJ plant Professional studio, travel ac. lency Recreational facility, fully enclosed. commercial Repair garage Repair shop for household, business, or personal appliances Research desiqn or development laboratory Restaurant, drive-in, curb service or fast food Restaurant (except drive-in) Retail sale or rental of fishincj, diving or bathin~l supplies or equipment; ship's loft or chandlery Retail shop or store (other than those listed herein) Roadside farm stand School, eleme'n tary School secondary Shop for custom work and for makinq articles to be sold at retail on the prentises, One for each bed. One per 100 square feet of office floor area. Five spaces per physician or dentist, Two spaces per dwetlinc, l. 2.5 spaces per service chair. One space per bed. See auditorium. See lic~ht industrial. See office. One space for each 300 square feet of gross floor area except: court sports--five spaces per court--and rink sports--one space per 200 square feet of rink area. Four spaces per bay plus one space per employee. One space per 200 square feet of customer service area, See light industrial. One space Der two seats or one space per 50 square f~et of Hoot space, whichever is 9reater. One space per three seats or one space per is ¢~rea re,'. If separate use, see retail shop; if accessory spaces in acJdition to primary use. At least one per 200 square feet of ~ross floor area. Minimum of four spaces per stand. Two spaces per classroom plus auditorium requiremer · .-- $ torat~e yard Theater or cinema, other than outdoor Tourist camp. Townhouse Two-family detached dwellinc~, Veterinarian and animal hospital Warehouse or storac~e buildincJ, Wholesale business, includinc~ lumber and other buildincJ products Wholesaielretaii beverac~e distribution One space per employee plus four spaces or one space for each 5,000 square feet of storac~e area, whichever is c~reater. See auditorium.. One space for each accommodation plus one space for each employee plus three spaces, for visitors. See multiple dwetlinc~ unit. Three spaces per dwellin.q. Two spaces per emoioyee or one space per 200 feet o( gross floor area, whichever ~s c~reater. One per 1,000 square feet of c~ross floor area. One per 1,000 square feet of c~ross floor area., One space per 150 square feet of cjross floor Wholesale/retail nursery and/or sale of plant~ One space for each ZOO square feet of c~ross floor area for retail use or one space for eacrt emoIoyee plus three spaces for wholesale use with minimum of four spaces._~. Yacht club - 67- Areas computed as parkincJ spaces. Areas which may be computed as open or enclosed off-street parking_spaces include any private c~ara~e, caroort or other area available for parking, other than a street or a driveway. However, a drivewa~ within a re~uired front yard for a one-famil~ or two-famil~ residence may count as one parkin~ space. C. Size of spaces. Three hundred and fifty (350) s~uare feet shall be considered one parkin~ space (to provide room f~r standin~ area and aisles for maneuvering}. Aisles between ~ows of parkin~ soaces shatl be not less than twent~-[wo (22} feel wide, unless ~educed for sixty (60) de~ee an~le parking, in w~ic~ case the aisle s~ace should be not less than sixteen (~6) feet wide. Entrance and exit lanes shall not be comDuted as parkin~ space exceot for driveways for one- family and two-~amily residences. The minimum parkin~ stall width shall be nine (9} feet and the minimum length shall be nineteen (19) feet. O. Access. Unobstructed access to and from a street shall be provided. Such access shall consist o~ at least one ti) fifteen (15) f~t lane for parkin~ areas with ~re than four (al spaces but less than twenty (201 spaces, and at least two (2~ t~ (10~ ~t lanes for parkin9 areas with twenty (201 spaces or more. No entrance or exit for any off-street parkin9 area shall be located within fifty (501 f~[ o[ an~ street intersection, nor exceed a 9fade o~ six (6) percent within twenty-five (25) f~t of any street line nor ten {10) percent at any other point. All points of in~ress or e~ress shall be appropriately si~ned, unless suc~ si~nin~ is considered unnecessar~ ~ the Planninc] ~oard. E. Drainage and surfacing. All open parkin9 areas shall be property drained within the premises and all such areas shall be ~rovided with a dustless surface, except for parkin9 spaces accessory to a one-famil~ or two-family residence. Curbs. pavin~, sidewalks an~ drainage facilities snail comoly with standards established in Town ordinances, ~eautations or sDecifications and shall b, or his a~en[. Joint la.titles. R~uired parkin~ spaces, open or enclosed, ma~ be provide~ in spaces designed to serve oinU~ two or more establishments, whether or not located on the same ot, provided that the number of required spaces in such joint facilities shall be not ~ess than t~e total require~ for ali such establishments. G~ Combined spaces. When any lot contains two (2) or more uses havinc~ different parkin~ r~ulrements, the parkin~ requiremet~ts for each use shail a~ply more such uses will be ~enera[in~ a demand for parkin~ spaces primarily durin~ Board ma~ reduce the tota~ ~arkin~ spaces required for that use with the least requirement. H. Location and ownership. Required accessory parkin~ soaces, open or enclosed, shall be prowded upon the same lot as the use to which they are acces~r~ or eis~here, provided that all spaces therein are located with two hundred (20~) feet walkin~ distance of such lot. In all cases, such parking spaces shall co. lorn to all the re~utations of the district in wilich parkin~ spaces are district unless the use to w~ich :he spaces are accessor~ is permltte~ ~n such residence district or u~n approval b~ the Boar~ o~ Appeals. ~'Uch spaces shall -68- spaces on such a lot may be located without regard to district lines, provided that no such parking spaces shall be Jocated in any residence district unless the use to which they are accessory is permitted in such district or upon approval of the Board of Appeals. J. Parking recJulations in multiple-dwelling or attached-dwellincj developments. (1.) Wherever space is provided for the parking of five or more vehicles in t'he open, such spaces shall be individually identified by means of pavement markinc, ts.. (2.) No parkinc. I space shall be tocated in any front yard nor within ten feet of any lot line in side or rear yards. (3.) The parkinC~l of motor vehicles is prohibited within fifteen (15) feet -- of any wall or portion ther~f of a two or more family dwelling, whic~ wall contains windows (other than bathroom or kitchen win~ows) with a sill height of less than eight (8) feet above the level of the said parkin~ space. (~.) No service of an~ kind shall be permitted to ~e extended to users ~ ~f the tot, includin~ automnhiie service, repair or fueling, and nu ga~tine, oil, ~rease or ether supplies shall be stored or sold in such lot or in any qarage on such lot. [5.) Park n~ areas shah be screened by a substantial wall. fence or thick -- h~e, approved ~ the Plannin~ Board. Generally, suc~ screenin~ shall not be less than four (q) feet nor more than eight (~ feet in height. K~ R~uiations ~or parkin~ spaces adjacent to lots in any residence district. Wherever a parking area of over five spaces abuts or is within fifteen (15) feet of the side or rear lot line of a Io[ in an~ ~esidence district. the said parkin~ tot s~all be screened from such adjoining lot by substantial wall, fence or thick hedge, approved by the planning, B~rd. Generally. such screen shall be not less than four (q) f_at nor ~re t~n eight (8} feet in height. Whenever a parkin~ area of over five (5) spaces is located across the street from other land in any FesiQeflce district, it shall be screened from the view of such land b~ a thick hedge, wall or fence, approved by the Plannin~ Board. Io~[eO alon~ a line drawn paraltet to the street and a distance of twenty (201 feet therefrom such screenin~ to ~e interrupte~ on y at points of in~ress an~ e~ress. General, no such screenin~ shall be less than four (~) feet nor more L~,a~ (61 feet n height. The open area between such screenin9 and the ~treet shall ~e andscaped in harmony with the landscapinq prevailin~ same street. Two (2 on neiqhboring p;-operties frontin~ on the ~dentification and directional signs located on the street side of such scr~nin~ shall be permitt~; however, the~ stroll ~ot exceed an area of three (3) ~uare feet each. L. Dr v~. No drivewa~haH provide access to a lot located in another ~r sp~ial ~xceplion uses b~ up t~[ hundred f~ly { 150'~)j~'cu~l[ N. Traffic storage. All uses shall p_rovide sufficient space on the same lot -- so that any storage lanes for trak'fit will be provided for and will not obstruct traffic or utilize public rights-of-way. O. Illumination. Off-street parkin~ areas should be adecluatelY illuminated -- for convenience and safety, but no lighting for parking areas skal~cause lare on adioinin ro ~erties. P...L' Connections between abutting parking areas. Where appropriate, the Planning Board may require paved connections between abutting parking areas in different owne*'ships, so as to facilitate the flow of traff c. Supplemental regulatipns for private garages and off-street parking areas in residence districts. (1.) Commercial vehicles. (a..~.) One commercial vehicle not exceeding twenty-five (25) feet in length may be parked on an occupied lot in any residence district, b~J"t not within the required yards of such lot and Jn no case between the street line or side linesandthe principal building. One commercial vehicle not exceeding twenty-five (25) feet in length may be parked within a private garage in any residence district. (c.) Commercial farm vehicles are permitted as accessory to a commercial -- farm use in any residence district. Trailers and recreation vehicles. The storage or parking and use of a travel trailer or a recreation vehicle by any person or persons, except as hereinafter provided, is prohibited in all residential districts, except tl~at: The keepinc~ or storing of one camp-type travel trailer or recreation vehicle is permitted on a premises, if it is either owned or rented by the occupants of such premises and is not kept for purposes of sate or rental and is used solely for the personal use of such occuoants. Such camp-type travet trailer or recreation vehicle snail' not De occuoied as living quarters at any time, and shall be secured in place in the rear yard nnt nearer than fifteen (15} feet to a side or rear lot line or to the street, and the door~ thereof shall be keOt securely locked. bi Such vehicle may not be parked within ten (101 feet of a one or two family dwetlin9 or fifteen (I$) feet pira multipte dwellin~l. Boats. One boat may be parked in the rear yard of any occupied lot not nearer than fifteen (15) feet :o a rear or side line or :o any -70- Section 100-192. Off-street loading areas. Off-street Ioadinc. I berths, open or enclosed, are permitted accessory to use (except one or two-family residences), subiect to the following provisions: A. Uses for which requ red Accessory off-street loading berths shall be provided for any use spec f ed below. Any land which is developed as a unit under single ownership and control shatl be considered a single lot for the purpose of such loading requir...ements. ( I.] For a public library, museum or similar quasi-public institution. c. Jovernmentai buiidinc~, community center, hospital or sanitarium, nursing or convalescent home. institution for children or the aged or school, with a floor area of five thousand tS, Q00) to twenty-five thousand {25,000) square feet., one (1) berth; for each additional twenty-five thousand (25.000) square feet or fraction thereof, (1) additional berth. ( 25 For buildinc~s with professional, governmental or business offices -- ~r )aboratory establishments, with a floor area of five thousand to twenty-five tl~'-'~and (25.000) square feet, one berth; for each additional twenty-five thousand (25,000) square feet or fraction thereof up to one hundred thousand (100,000) sc~uare feet, one - additional berth; for each additional fifty ti~ousand [ 50. 000) so, ua're feet or fraction thereof, one additional berth. { 3.) For buildings with offices and retail sales and service establishments. one berth for five thousand (5,000) to twenty- five thousand (25, square feet of floor area, and one additional berth for each additional twenty-five thousand (25,000) square feet of floor area or fraction thereof to he used. (a.) For undertakers and funeral homes, one berth for each chapel., ( 5~. For hotels, one berth for each two thousand five hundred square feet o~ floor area. ( 6.J For manufacturing, wholesale and storage uses and for dry-cleaning and rug-cleanin~ establishments and laundries, one ~er~n for five thousand (5.000~ to ten thousand (10, QcIu) square feet ol floor area in such use, and one additional berth for each additional ten thousand (10,000) square feet ot floor area or fraction thereof so used. In addition, adequate r'eserved parkinc. I for wa~tlnC~ trucks shall be provided. B, Size of spaces. Each ~'equired Ioadinc. l berth shall be at least fifteen (1 -- t~eet wide, fourteen (lq) feet high and fort,-five (q5~ feet loner, and in no event smaller than required to accommodate vehicles normally uslncJ such berths. -71- Location and access. Unobstructed access at least fifteen (15) feet wide. to and from a street, shatl be provided. Such access may be combined with access to a parking lot. All permitted or required It~adinc~ berths shall be on the same ;bt as the use to which they are accessory, except as provided in subsection 0 below. No entrance or exit for any off-street Ioadin9 area shall be located within fifty (50) feet of any street intersection. No off-street Ioadinc. t berth shaU be located in any required front yard. Joint facilities. Permitted or required Ioadinc. I berths, open or enclosed, may be provided in spaces designed to serve ointly two [2) or more adiacent establishments, provded that the number of required berths in such ioint facilities shall not be less than the total required for ail such facilities, Lots divided by district boundaries. When a lot is located partly/ in one district and partly in another district, the regulations for the district requirinc, l the cjreater number of loading berths shall apply to all of the lot. Loading berths on such lot may not be located in any residence district unless the use to which they are accessory is permitted in such district or upon the approval of the 8bard of /~,ppeals. -72- 23. Chapter 100 is amended by adding a new Article thereto, to be Article XX, to provide as follows: ARTICLE XX Signs Section 100-200. Purpose.. The purpose of this article is to re~tulate existinc~ and proposed sic. Ins in order to: A. Protect property values. Create a more attractive economic and business climate. C. Enhance and protect $outhold's physical appearance and environment. D. Preserve the historic and architectural heritac~e of the Town. E. Provide a more en)oyable and pleasinc~ community. F. Reduce sicjn or advertisin9 distraction and obstructions that may contribute to traffic accidents. Reduce hazards that may be caused by sic~ns overhanging or proiectinc~ over public rights-of-way. SeCtiOn 100-201. Permits required and administrative procedure. A. The provisions of this article shall apply in all districts. Except as otherwise pro~/ided in this chapter, $i(~ns shall not hereafter be erected, structure y a toted eniarc~ed, or moved or reconstructed' within the Town unless a permit is obt=,ined from the Buid no.. nspecmr, The followin9 two operations shall not be considered creatinc) a new siren and therefore shall not rec~uire a new sic~r~ permit: 1. Replacinc. i copy. The chan~in~ of the adve~tisin~ or message on an approved si~n w~ich is specWicaHy designed for the use of replaceable 2. Maintenance. Painting, cleanin~ and other normal maintenance and ~epair o~ a 5~n or a s~n structure, untess a structural chan~e ~s made or there is a chan~e in messa~e. ~licat on for a 5i~n permit shall be made on a form provid,:d by the B~ildin~ Inspector which application shall include: 1, Name. address and telephone number of the applicant. 2. Name, address, telephone numbe~of 5~Cln maker. 3. Location of buiidin9, structure or land to which o~u~_~_n which the Color photo of buildlncJ upon which siren is to erected. -73- Size of sign. A description of the construction details of the sign, showing the lettering and/or pictorial matter composing the sign; posJtio~ of lighting or other extraneous devices. 7_i.. Sketches drawn to scale and supporting information indicating location of sign. colors, size and types of lettering or other graphic representation and materials to be used, electric,~l or other mechanical ecluipment, details of its attachment and hanginc, l. Samples of materials should accompany the application, where required by the Building Inspector. The written consent of the owner of the property upon which such sign or signs is or are to be erected and maintained. In addition, such sign application shall be accompanied by a fee as established by the Town Board of the Town of Southold. ?~.. Such other pertinent information as the Building Inspector may ~equire to insure compliance with this Article. The RuildtncJ Inspector shall review the proposed sign with respect to all quantitative factors. · 8. The Planning Board may approve signs which differ from the quantitative requirements set forth in this articte, provided that a findinc, I is made that said sic.;n or signs conform to the general design principles outlined in Section 100-202 hereof, and provided further that no sign shall violate the sign prohibitions and generat restrictions listed in Section 100- 203 herein. After approval or approval with conditions by the Pfannin? Board. the Building Inspector shall issue a permit in accorc/ance with all applicable requirements. No sign permit shall be issued prior to payment of a fee of twenty-five (S0.25) cents per square foot of sign area, but ,n no event shall such fee be less than five ($5.00) dollars. Section 100-202. General design principles applying to signs. Decisions on review of signs shall be guided by the Following general principles: A~. Signs should be a subordinate part of the streetscape. B._L. Signs should be as smaq as practicable. C__L. Signs should be as close to the ground as possible, consistent with recruited safety and legibility considerations. which it is placed. (- (- E. Whenever feasible, multiple signs should be combined into one sign to avoid ciutter, F. A sign should not impair the visual effectiveness of neighboring signs. G. Carish colors and materials should be avoided. Signs which have dark background colors and light letters are preferred ih order to minimize the apparent size of signs within the streetscape,., I. Generally, signs on the same building should be within the same horizontal band, and be of a similar height. J . Except in carefu ¥ designed circumstances, signs should be integrated ~ with fences, wails or buildings, and not freestanding.. K. SiGn mater a should be durable, renu rincj little maintenance; use of ma[oral such as corrugated plastic, natural aluminum, buibous plastic I~tters, nontextured plastic, and glass :ilo should be avoided. Section 100- 203. Sign prohibitions and general restrictions. Unless otherwise provided herein, nonaccessor¥ signs, billboards, and ~obile signs shall be prohibited in all districts. Flash ng sgns including any sign or device on which the artificial light is not maintained stationery and constant in intensit'~ and color at ail t~mes when in use are prohibited, C. Sions which compete for attention with, or may be mistaken for, a traffic S c~na are proh b ted. No sign shall be erected in such a man,nor,as to Obstruct free and cie. ar vision for drivers, interfere with, m~s[eao, or, confuse traffic, or be located where, by reason of ts position shape, or coot such sign may interfere with, obstruct the view o{, or be ,;)nfused with, any authorized traffic sign, signal, or device by makinc~ use of the words "stop", "look", or any other word, phrase, symbol or character, or red, green, or amber illumination or reflection. D. Roof signs shall be prohibited. 5icons made out of cardboard', paper, canvas or similar impermanent material -- are prohibited. F. Standard, approved methods of constant illumination shall be permitted -- on ground sic}ns, wa si(~ns, and hanging signs, provided, however, that Be illuminat on shall be concentrated upon the area of the sign so as to prevent direct c~lare upon the street or ad acent property. G. $icjns with visible moving, revoivinc. I, or rotating parts are prohibitud. 5f a' ~-~d-0pening, no sign or part ther_eu~--~nall ~-b-~o~.~-streamers. gpinners, or other similar movinc~, flu_tte.r.~_~J._~.~ I. Sit, ns noting that a property has been sold are prohibited. -75- No portable or temporary sic~n shall be placed on the front face of any building or upon any lot, except as provided in Section 100-205 Gherein. No signs other than signs placed by agencies of the government shall be erected on any public property, unless consent is first obtained from the Planninc. I Board. NO sign shall be placed on any private property without the consent of the owner thereof. No sicJn shah be placed or painted on any tree or rock. No sic~n shall be placed on any'utility pole except for utility identification or similar purposes. Section 100-204 Limitation of sign content or copy. Information displayed on sic~na shall be limited to the name, address, and nature of the business and products available or activity for which the building or premises is uaeci. Section 100-205 Regulations rec~ardin~ specific types of signs. A. Uluminated signs. A sign illuminated by electrici: from outside or' within or equipped in any way with electric devices or appliances shall conform with respect to w~ring and. abptiances to the recjulations of the New York State Board of Underwriters and shall bear the stamp of said Board. All wirincJ shall be self-enclosed in metal raceways. Freestandina and groun,d sic~ns. Except for required cautionary or -- traffic cqntrql siqns, one freeatanciinc~ sic~n shall be permitted for each frontacje of a property on a public street or way where a buildinc~ is setPack at least twenty-five (25) feet from the street line. Such signs are limited to either pole sicJns w'~th no cjuy wires or sic~ns permanently affixed to a fence or other wall separate from the principal buildincJ. All c~round sicJn~i shall be located within and not overhan~ the property line. The location and design of such signs shall be chosen so as not to present a hazarrl to pedestrian or vehicular traffic and shall be twenty-five 25 feet from ~ch s de ne and f fteen {15) feet from the front and/or rear property line. The maximum heicJht of such sit, ns shall be fifteen (15) feet. C~._ Shopping center directory signs. 1_~. The term "directory sic~n" shall mean any si.qn containlnc~_a list of names of business estaPlishments located within a shopp,~c~ center. 2_:.. Each shopping, center shall, as a whole, be allowed one free-sta~dinr1 directory s~gn on the premises to be used for the purposes of identifyinq the shoppincj center and the various business establishments located -76- with n the shoppinc. I center where the building or buildings are setback twenty-five (25i feet from the street line. No advertising of any sort shall be allowed on such sign. Said sign shall not exceed ~fteen (15) feet in heicjht, measured from the top of said sig. to the mean level of the ground surroundinc. I the support of said sign. Ea~ h business es[ab shment name shall occupy no more than ten (10) square t~eei[ in total area. Said si,cjn shall comply with all other applicable provisions of this ct~apter. 3. A perm tssued by the Buildincj Inspector shall be required for each -- ho in center directory sian erec:ed or maintained pursuant to s pp g, · ~ ' - ' must conta n an arch tecCs this sect on. The app ~cat~on for ~a d perm t drawing al~ said directory sign as well as a survey indicating the d mansions of said sicjn its/ocation and setbacks. The Buildin~ Inspector shall refer sad application~ drawinCj(s), survey(si and other supporting papers to the Plannincj Boa, d for its approval and recommendations. nterior sic~ns. An interior sicjn, or combination of sicjns, shall not cover more than ten (10%) percent of the total g ass area upon which, or in which, it is affixed, displayed', or painted. Wall signs. 1. Wall signs shall not proiect more than twelve (12) inches from the -- wall to which they are affixed. 2. Within any Business District. such signs shall not exceed a height -- of three (3) feet. and shatl not extend hitcher than the top of the parapet in case of one story buildinc..Is, in the case of buildinqs taller than one story, such sgns shall not extend above the bottom al: the ~ill of the windows of the second story, nor extend or De placed more hah fifteen 151 feet above the outside grade. No wall sic)n or camh nat on of s gns, incJudin~ interior signs, on any wall facin~ any street or ~)ublic way in a ~)usiness district shatl exceed an a. ea n square feet equivalent to one times the length in feet of the str~'~cture on each frontacje up to a maximum of sxty (6QI square feet. Within an industrial district, one wall sic~n not exceedinc~ thirty s~uare feet is permitted for each street frontac~e from wt~ich access ~s provided to the lot. n any d stricts vzhere wall sicjns are permitted, no such si(~n shall -- ~over, wholly or partly, any wail opening, includin9 doors, fire escapes, and windows, nor proiect beyond the ends ~'f~to which t s attached. A such signs must be safely and adequately.. ~ttached to said buildin9 wall by means sat sfactor¥ to he Bui d Inspector. -77- F..:.. Historic signs. The Planning Board may find that a particular sic~n is a historic sign. In makinc. I such a finding, the Plannmr~ Board, in consultation with the Historic Landmark's Commission, mpst find that the proposed sign is of Si~lnificant historic quality in terms of a~e or desi~'~-~r by -~son pt its relationshil3 an historic renovation proiect. The Board of Appeals m~y allow the reconstruction, repair and maintenance of historic sicJns upon such terms as may be just and proper in addition to or to th, exclusion of, any other signs permitted by this chapter. G_.:.. Temporary signs. The erection, installation, or maintenance of temporary sicjns, as defined herein, is hereby prohibited, except that the Buildinc~ Inspector may c~rant special permission for the maintenance of the following SlC~ns: 1~. A temporary sign announcing special events, etc., not exceeding twenty-four (2q) square feet in area. which is erected by a municipal, charitable, or nonprofit organization is permitted, for a period not tO exceed thirty (30) days. 2._L. Temp0rar,/ interior sic)ns announcin~ special sales or event- shall be permitted in the Hamlet Business and General District. Such sic~ns shall cover no more than twenty-five (25%) percent of the window area to which they are affixed, and shall be removed within twenty (20) days. Section 100- 206'. A. Unsafe, abandoned and unlawful sic~ns. The owner of a sic~n and the owner of the premises on wh ch such sic. In is located shall be iointly liable to ma ntain such sgn, incJudinc~l its illumination sources, in a neat and orderly condition and ,.j,~uG workinc. I order at all [imes and to prevent the development of an~ rust, corrosion, rottin~ or other deterioration in [he physical appearance or satety of such si~n. If the Buildin~ Inspector shall find that any sign re~ulated herein is unsafe, insecure, damaged, deteriorated or a menace to th~ public or has been erected in v~olation o( the provisions of this c~pter, he s~ll ~ive written notice b~ certi~i~ ma~l [o owner of the premises on which suc~ s~n is located, as shown on the latest Town assessment roll. ~aid si~n eno ail aDpurtenanceq s~all be taken down aflO remove~ by the owner, a~ent or person h~vin~ the bene{iciat use of the buildin~ or structure upon which such si~n may be found within thir[~ (30) da~s attar written notification ~rom the ~uildin~ ~nsDector. Upon ~he failure ~o compl~ with such notice within the time s~ecified therein. Buildin~ Inspector is authorized to remove, or cause [he removal pt SUCh sl~n at [he expense of the person or persons nameH in such no(ice. Upon such removal, all costs and ~xoense~ incurred b~ the Town for the ~emovaJ and storage of' such shall be assesse~ a~ainst the land on w~ich such si~n was ~ocate, I and a statement of such expenses shall be presenteQ to [he owne,' of the ~and. If such sta[ement is not paid within thirt~ (30) ~s alter its presentmen[, the Buildin~ Inspector may file q star,ant with the Town Assessors, identif~ n~ the property ~n connection with which such expenses were ~ncurred and owner ther~f as shown on the latest assessment roll of Town. The assessors, in the preparation o( the next assessmer.~ roll, shall assess such amount upon such property. Such amount ~ ~ '~n~'~ll be coJi~ed a~d enforced in the samM of real.property taxes in the Town of Southold'. The owner -78- C. If n the determination of the Buildinc. I Inspector, a sic~n is an immediate -- peril to persons or property, he may cause such sic~n to be removed summarily and w thout notice. The cost of such removal shall be paid by the Town and such amount shall be and become a lien upon the ' premises in question and shall be levied and collected in the same manner and under the same penalties as an assessment of a public improvement. Section I00-207~ Continuation of existing signs. Notwithstanding any other provisions of this article, any sic~n in existence ~t the effective date of this article which does not conform to the provisions of this chapter shall, withn three 31 years from such date, be removed or made to conform, unless its continuance is authorized as a spec al excep[io~ by the Board of Appeals as hereinat-ter provided. -79- Chapter I00 is amended by addincj a new Article thereto, to be Article XXI, to provide as follows: ARTICLE XXI Landscaping, Screening and Buffer Regulations Section 100-210. Purpose. The following standards are intended to enhance the appearance and natural beauty of the Town and to protect property values through preservation and planting of vat, elation, screening, and landscaping material. Specifically, these standards, are intended to enhance the appearance of ma or travel corridors and business areas; to reduce excess ve heat, c) are, and accumulation of dust; to provide privacy from noise and visual intrusion; and to prevent the erosion of the soil, excessive run-off of drainage water, and the consequent depletion of the c, lround water table and the pollution of water bodies. Section 100-211. General requirements. The following provisions shall apply to any use in all zoning districts: Aa Landscaping, trees, and plants required by these regulations shall be planted in a c, trowing condition according to accepted horticultural practices. and they shall be maintained in a healthy growing condition, Any landscaping, trees, and plants which, are in a condition that does not fulfill the intent of these regulations shall be replaced by the Oropert¥ owner during the next planting season for the particular plant material. B,.L, A screening fence or wall required by these regulations shall be maintained by the property owner in good condition throuc~hout the period of the use of the lot subiect to the following conditions: Any land that is or has been designated or required to be a screeninq area, buffer area or paved area pursuant to an approval by the Town Board, Planning Board or Zoning Board of Appeals of any grant of an application for a change of zone, variance or site plan approval or which is required by ordinance or local law must be maintained by the owner of the property or any of the owners, successors in interest or assignees. When it is determined by the Planninc~ Board that any land is not maintained pursuant to such c}rant or law, the Buildinq Inspector shall notify the owner of record of such land, by Certifiecl mail to the address shown on the last .completed assessment roll. to erect, reblace, repair or maintain fences, trees, plantincjs. shrubher¥ or other screeninc} or paved areas pursuant to the plan or law. In the event that the owner of record does not comply with the notice within thirty (30) days of the date of said mailing, the Buitdinq Inspector may take the appropriate action to erect, replace, repair or maintain fences, trees, plantings, shrubbery or other screen~nq or paved areas on the designated tand. The Building Inspector shall certify by affidavit the costs incurred either by the C)epartment or t-~e Town Board. The Town Board shall,, by resolution, instruct t'J~-Town Clerk to publish a pub-Jic notice that a_~.~J}~rin~.-~ill be held for the purpose of adding to t"~e as--~essl~ent~ described lot or parcel the costs incurred and that. hearing, ti4e Town Board will hear on~'conside~ u~*¥ may be made to such roil. The publication of such notice shall not be less than ten (10) da~s before the time speciH~l'or~--~uch hearing. ]~Jq~ Town Board, after public hearing, may then cause such assessment to become a lien and may direct the Town Assessor~lo pl'--~ce it on the assessment roll. C. A andscaping trees, and plant n9 material adlacent to parking areas, 10adinc. I areas, or driveways, shall be prober y protected from vehicu r damage by barriers, curbs, or other means. D. To the extent possible, existing trees, vegetation, and unique site features ~uch as stone wa s shall be retained and protected. Existing healthy, mature trees, if properly located, shall be fully credited against th~ requirements of these regulatmns, E. Where let size and shape or existing structures do not make it feasible -- to ,.u.,t~ y with the requirements for a front landscaped area or lands~-~ped parking area the Planning Board may approve planters, plant boxes or pots containing trees, shrubs, and/or lowers to comply with the intent of these regulations. F. In cases where the edge of the pavement within a public right:of,~w, ay_ does not coincide with the front lot tine. the property owner snail ~a,.ascape the area between the front lot line and the edge of the street pavement. Section 100-212. Front landscaped area. A front landscaped area shall be required for ail uses Ln all zoning districts. The required landscaped area she be covered with grass or other c~round cover and she nclude appropriate trees and shrubs. Aa a minimum, in all non-residential districts and in the Hamlet Density Resident al and R-~0 Low Density Residential Distr ets, one shade tree having a caliper of two inches shall be planted within the front landscaped area for each forty (qOl feet o~' fraction thereof of lot frontage. The purpose of the landscaping is to enhance the appearance of the use on the lot but not to screen the use from view. A. Residential Districts. In all residential districts, required front yards, -- except for the driveway, shall be landscaped wit~q grass or other suiL ground cover, trees, and/or shrubs. B. Non-Residential Oistricts. In all non-residential districts, there shall -- be a landscaped strip in the front yard area: in the Limited Business, Ceneral Business, and Light Industrial/Office Park and Light Industrial Districts. the strip shall be twenty-five (25) feet and in the Marine Business District the landscaped strip 5hall be fifteen (15) -fe~' deep alonq and contiguous to the front lot line of the property. There shall also be a land'-eta,ned area five (5) feet w~de abutting the front of the building in all non-resigential districts including the Hamlet District. Section 100-213. Transition buffer area. The purpose of the transition buffer area is to provide privacy from noise, headlight cjlara and v sual intrusion to residential dwellings. A buffer ar s~tail be required along all boundaries of a non-residentiai lot al3uttin9 any 10t in a residential district. Such buffer area shall comply with at least the following minimum standards: A. The buffer area shall be located within the boundaries of [he sub)ecl property. The minimum width of buffer areas shall be as follows: (1.) Hamlet Business District 15 feet (2.). Marine 13usiness District 20 feet (3) Limited Business Oistrict 20 f~el -81- General Business Districts 25 feet Industrial Districts 30 feet 6~, Any district other than residential district adtoining land ownecl or maintained by New York State, Suffolk County, or Southold Town with current or potential us~ as park land. 25 feet C_.L. The buffer area shall be of evergreen planting of such type. height, spacinq and arranc~ement as, in the iudgment of the Planning Board, will effectively screen the activity on the lot from the neighboring res dent a area As n minimum, the planting shall consist of a double row of trees s x (6) feet in height planted at intervals of ten (10) feet on center. Hon-ever.~reen plant nc/ may be included to supplement evergreen planting, but not to take its place. D. A landscaped earthen berm, wall, or fence of Iocat on, he ght, design, and materials approved by the Planning Board may be accepted for any portion of the required planting) and/or buffer area. E. Where the existing topography and/or landscaping provides adequate $creenino. -- th': Planninc. I Board may accept the existirtg plantin~ and/or buffer area as the required plantinc~. Section 100-21~1. Landscaped parking area. In addition to the front landscaped area and buffer area requirements parkinc} areas shall comply with the follow nc~ minimum standards: A_.L. All uses required to provide twenty (20) or more off.-street park ng space~ shall have at least ten (10) square feet of interior landscaping w thin th~ paved portion of the parking area for each parking space and at least one (1) tree with a two (2) inch caliber for every ten (10! parking spaces or fraction thereof. Each separate landscaped area shall contain a minimum of one hundred (100! square feet, shall have a minimum dimension of at least eight (8) feet, shall be planted with grass or shrubs, and shall include at least one (1) tree of not less than two (2i inch caliper. B. A [an~lscaped area shall be provided aloncj the perimeter of any parking aren except that portion at the parking area which provides access o a street or parkinc~l facility on an ad acent lot. Accessways to adjacent lots shall not exceed twenty-four 2q feet in width and shall not exceed two (2) in number for each purpose. The landscaoed area shall have a m~n mum dimension o~ four (gl feet. shall be planted, with c~rass or. shrubs and shall include at least one tree of not less than two (2) inch caliper for every forty (q0) feet alonc~ the perimeter of the parking area. In cases where the parking area adioins a public sidewalk, the required tandscaded area shall be extended to the edge of the sidewalk. C_~.. Trees used in parking lots shall include Honey Locust, Pine, Oak, or other similar fast-growing, hardy varieties, or existinc~ trees wt~ere approprlatel¥ located. Section I00-215. Properties lobated adlacent to creeks. The rear yards of proberties Iocatecl adjacent to creeks shall include natural vegetation and/or shall contain suitahle planted vec~etat on to a m~n~mum of twenty (201 feet inland i~rom the mean high water line ~levation or wet and bounc~ary to prevent erosion of the shoreline. VeGetation within the buffS. strib shall not be fertilized or chemically treated.' 25. Chapter 100 is amended by adding a new Article thereto, to be Article XXIII, to provide as follows: ARTICLE XXIII Supplementary R ec.~ula Lion s Section 100-230. Exceptions and modifications. A. Established front yard setback. Where property in the vicinity is improved with principal bu dinc~s with front yards of less than that required by the Provisions of this chapter, the front yard setback shall be the averac~e. ~etback of the existinc. I buildinC, lswithin three hundred (300) feet of the pr__oposed buildin~ on the same side of the street within the same use district. B. Exceptions to lot depth requ rements. The minimum lot depth at any point may be decreased to seventy-five (75%) percent of the minimum requireme,,t if the averac~e depth conforms to the minimum requirement. C. Exceptions to yard requirements. (1.) Permitted obstructions. Cornices or cantilevered roofs may proiect -- not more than two (2) feet into a required yard. Belt courses, wi,,dow s S and other ornamental features may proiect not more than six (6) [nctles into a required yard. Fences or walls not over four (4) feet ' in heic~ht may be erected anywhere on the lot. except as set forth in Sect o~ 100-232 herein. Paved terraces, steps and walks (other th~n such as are needed for =-cce'~s to the buildincjs on the lot) shall not proiect within fifteen (15) feet of a street line or four (q) feet of property line., (2.) Entries and porticos. A roofed-over but unenclosed proiection in the -- nature of an entry or portico, not more than eib, ht [81 feet wide and extendinc~ not more than six (6) feet out from t~te front wall of the ~ui d ncJ shal be exempt from the requirements of this section when the bui~'dincJ otherwise compiles w th the rec~u arians of th s section. In computinc. I the averac~e setback the presence of such entries and _ .porticos shall be ic~nored. (3.) Permitted proiections- In any district, chimneys on residential, public -- or sam-pub c bu Idinc~s may proiect into a required yard to the extent of not more than two (2) feet. In any residential d strict, terraces, steps or uncovered porches may proiect into any required yarcl, ~rovided no part thereof is nee'ret than four (~*) feet to any lot tine. D. Heic~ht exceptions. The heic~ht limitations of this ordinance shall not apply to: (1.) :Spires, belfries, cupolas and domes not for human occupancy; -- monuments, transmission towers, chimneys, derricks, conveyors, fiac~ poles, radio towers, television towers, and television aerials, provided that any television or radio aerial shall not t~e located nearer than a, distance aqua to ts hei.c}ht above the roof or other permanent structure to which it is attached t~ any overhead electric transmission line carryh,~J more than 220 volts. 2. Bulkheads, observation towers, monitors, fire towers, hose towers. -- coolinq towers, water towers, c~rain elevators, or other structures ~here a manufacturinc. I process requires ~reater heic~ht, provided that anv such structures that are located on ~ny roof and that exceed in h_~i~.t._~the limits in the particular r~istrict shall not in the occupy more than twenty (20%1 percent of the horizontal area o~ the roof, and are set back one {I) foot from :he edc~e of the roof for each additional foot in heir. Iht greater than the specified heic..Iht_.. -83- 3. All mechanical ec~uipment necessary to operate building servic~,~, -- ~hich equipment is located on the roof of a structure, st~all be screened ~n a manner approved by the Planning Ooard. Retail sales in Residential Districts. Notwithstandinn any other provision of this Chapter~ all premises [? any Residen'tial D strct and upon which retail sales are conducted shall be subiect to site plan approval by the Planninc~ Board, pursuant to th~ provisions of Article XXV. Section t00-231, Heic~ht of fences, walls and hedges. Fences, wails, hedges or other llve plantinc~s within five (S) feet of the property lines may be erected and maintained, suPiect to the folJowinc~ heic~ht limitations: A._L When located in the front yard along the front lot llne. the same shall not exceed four (q} feet in heicjht. When located alon~l side and rear yards, the same shall not exceed six and one-half (6~}) feet in height. C. When located other than in the front yard area or along side or rear 1et -- Ii'nas, the same shall not exceed eicjht (8) feet in height. Section 100-232. Corner lots. Ao On a corner lot. front yards are required on both street frontages, ant1 one yard other than the front yard shall be deemed to be a rear yard, and the other br others side yards. la, On all corner lots. harms, wails, fences, and hedqes or any other potential -- o~structJon to vision shall not exceed a height of two and one-hail [2,}] feet above the average street level within an isosceles tribngle having, thirty (30) foot sides along each street to preserve sight lines for traffic. Section 100-233. lauildin9 lenc~th and separation for buildinc~s containing multiple dwellings. A. No buildinc~ shall exceed one hundred twenty-five (125) feet in length. The.minimum distance between principal buildings shall be edua to twn- times the height of the highest building, and the minimum distance between a principal and an accessory building shall be twenty (20) feet. Courts. Section 100- 23[I. A_.L. Inner courts. An inner court is permitted in multi-family dwelling development, if the minimum dimension of such court: is not less than two-times the average height of all surrounding walls, but not less than sixty (60) feet. The height of walls surrounding an ~nner court shall be measured from finisheci c}rad~ at the base thereof to the top of such wall, except that, in the case of roof~, with a slope exceedinc~ five (5) inches vertical to twelve (121 inches horizontal, the height shall be measured to the mean point of the roof. Outer courts. The minimum width of an outer court shall be twenty (20) f~et and the depth thereof shall not exceed its width. $~:tio~ 100-235. Access rec~uJrements. A. Street access. 1. No buildin9 shall be erected on a lot that does not have direct access to a public street ~n accordance with Section ~80a of the Town Law. All buildings, and structures shall be so located as to provide safe and convenient access for servicing, fire and police pro ectio~, and off-- street parkinc~ and/or loading. -84- Residential rear or flac~ lots and accessways. An)' rear lot or flacj tot occupied or lo' ha' . ve t~a o t e accesswa shall not ~r o~O t e ~nt I~. Section 100-236. A. Open storage. '~'~icJas or ooats as set ~u B. When open storac~e is permitted in a commercial or industrial district as a principal or accessory use. the followinC~ conditions shall be met: 1. Storacale shall be screened from view by a fence or everc, lreen screeninc~, the desitin and ocat on of which shall be approv.d by. the Plannincj Board. In.no case shall the stored material excee, i' the height o~ the screemn~. 2. No outdoor storage ma~ be permitted within twenty-five (251 feet ~ of a residential district ~undar~. Automobile wrecking ~ard or ~unkyard is required to provide suitable ~imination of said use. S~tion 10~-237. prohibited uses in aU districts.. The ~ollowln~ uses are prohibited in ail districts: A. Any use whic~ is noxious, offensive o~ ob~tio~a~le by rea~n of ~ission of smoke, dust. ~as, odor or other form o~ air ~llution or r~n o~ the deposit, discharge or dispersal of lifluid or solid wastes in any form in suc~ manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surroundin~ area. or ~y reason of the croat on of noise vibration et~troma~netic or other d~sturbance, or by reason of ilium nation by artificial light or light retlection ~e~ond the limits of the lot on or from which such li~t or ~tlection emanates; or'wh ch involves an~ dan~erious fire, ~plosive, radloaGtive or other hazard; or which causes in~u~, their owners an~ - , nfs; and any oiher process or use wi,ich ~nwhole~me and ~ ~e and may be dangerous or pre udicial to health, ~fety or ~eneral welfare, except w~ere suc~ activit~ is licensed or regulated b~ other government a~enc~es. Artl~icial ll~h[in~ facilities of any kind which create ~lare beyond C. Carnivals, circuses and related activities, except for a tempo~'ar~ period on special license from the Town Board. Junkyard or ~efuse d sposal site except a ~efuse disposal site establishea as a~otficial town ~e{use ~isposal s~ o~ dul~ autho~ zed as a ~efuse dis~sal site b~ the Town -85- E. Uses involvinc~ primary production of the followln~ products from raw materials: Charcoal and fuel briquettes; chemlcais; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydroc~en and ox¥c,]en; industrial alcohol nitrates of an explosive nature; potash; plastic materials and synthetic resins; proxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acic~s; coal, coke and tar products, inctudin~ gas manufacturinc. I; explosives; c~elatin. ~tue and size (animal): linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, includinc~ fat renderinc~; starch. The followinc~ processes: Nltratinc~ of cotton or of other materials. 2. Millinc~ or pracessinc~ of flour. Macjneaium foundry. Reduction, r'efinin,~, smeltin~ and ailoyinc~ metal or metal ores. S. Refininc. I secondary aluminum. 6_. Refining petroleum products, such as c. lasoline, kerosene, naphtha [ubricatJn~ oil. ' r 7. Distillation of wood or bones. Reduction and processinc~ of wood pulp and fiber, including paper mill operations. C__. Operations involvincj stockyards, slauc~hterhouses and slac~ piles. H. Storable of explosives. I. Quarries. Storac. le of petroleum products. Notwithstandin~ any other provisions of this chapter, storac~e facilities with a total combined capacity of more than 20.000 cjallons, includinc)all tanks, pipelines, bulldinds, structur,s and accessory ec~uipment designed, used or intended to be used for the storacje of gasoline, fuel oil, kerosene, asphalt or other petroleum products. shall not be located within 1.000 feet of tidat waters or tidal wetlands. Section 100-238. Provisions for community sewer, water and utility facilities. Where public sewer and/or public water and/or public or private utility system~, are recruited, no buildincj or premises to be serviced by such systems shall be used or occupied, nor shall a certificate of occupancy be issued with respect tO the use and occupancy of such buiidinc~s and/or premises unless and until ail such required systems and facilities have been construC[ed and are in prope. operatinc~ condition and have been approved by all a~lencles havin~ jurisdiction thereof. Section T00-239. La~d under water: filled rand. Streams. ponds, tidal marshes and portions of Lono~.~sJand Sou~d and its various bays and estuaries. Iyi-~-~c.[ "~-I~i-~''t'Re boundarfes-~ th~--T~-~-~-l~l, ---- whether or not so indicated on the Zonin~ Map as bein~ in a particular use -86- water, un · a ro flare zonin distr~c ~~ unit ermltted under the ~ ~e property Section 100- 239a Excavations. ~rested riot corn in SIX be c ~~all .the per.it, S~tion ]06-~39b Tourist ca~s, cam~ cottages and trailers. A. Per.its required.. 88, Tourist and Tra~ler Camp, Automobile trailers or house ~rs. Notwithstan~ nq any other provisions of this chapter, a single automobile trailer or hous~ car may ~e ocate~ outsi~e a tourist camp only when authorized by the Town B~rd and su~ect to such conditions as ~e prescribed by the Town Board. C. Exemptions. This section s~~l~~~°r season~t nts of America or the ~[rl ~couts o the 8o 5cou . Section 10~ 23~ Berms A. General. ~ All berms shah be constructed so that alt sides o[ t~e berm All berms shall be constructed out of clean fill or an ect~ve~d ~, s a e ptac~d on m~ ,,,, .........~ - 87- (3) All barns shall be properly vegetated and lande,-~n-d, as approved by ' · ' .:: . the Plannm($ Board, before any erosion occurs' in the topsoil on the berm. or, in the alternative, the berm shall be covered with an approved (~round cover until such time the berm can b~' properly landscaped. 8arms shall be constructed only durin(~ the period from March I throuc2h October 15. tS} No fence or wall shall be constructed on a berm. However. :~ retainin~ wall may be placed on the sides of a berm where the Plannincj Board finds said retaininc. I wall will promote aesthetic considerations and the heic~ht of same does not exceed the heic~ht or c~rade of the berm. (6) The construction of barns and the berm itself shall not interfere ~'ith natural draina(~e. (7) The outside toe of the berm shall not be closer than six (6) feet to any property line. Height. (ti The heic. lht of a berm shall be the vertical distance from the top of the berm to the natural existing grade at the base of the berm. (2.~) In all residence districts, no berm shall have a height greater than four (ql feet in the front yard or six and one halt (6.}) feet in a rear or side yard. In all nonresidence districts, no berm shall have a heh~ht c~reat~. than six and one half (6½} feet in a front, rear or side yard. Notwithstandinc~ the provisions of Subsecton 13(1) and (2) of th;. section, where the proposed berm is alonc~ a maior street, as that t~rm is defined in subsection A106-13 of the Town of $outhold Land Subdivision Re~lulations. the Planninc~ Board may increase the heic=lht limitations of this subsection where it woutd be in th. -public interest by ]imitincj adverse impacts from noise or liqht or by promotin(~ aesthetic considerations. However. ~n no case shall a berm aJonc~ a maior street exceed ten (70) feet. Permit. (I__L All barns in excess of four (q) feet in heic)ht, except those required to be constructed in connection with the Planninc. l Board's approval of a subdivision plat or site plan, shall require a buildinc;1 permit. All applications fcr a buildin~ permit for a berm shall include th, followin~: (a__~.) A detailed grading plan of the entire site indicatin9 the existing topography in contour interva s no c~reater han fiv. (Si feet and Lhe proposed topography in contour intervals no c~reater than two (2) feet. The scale of the ?radlnc.~ plan shall be no smaller than or~'-(1) inch eduais twer~t¥ (20) fe~t. (bi A cross section of the berm indic;itin~ the type of materials to be used in constructin(~ :he berm (i.e.. fill. topsoill and the location of landscap~nc~. The scale of cross section shall be no smaller than one (l) inch equals four I~tJ feet; an,t A detailed landsoapincj plan indlcatinc, l the location, size and quality of the species to be planled. -88- -- ~the Plannin ~ ap rova, w,~-~-~..~,o,,t I~nd ~~fications,  deemed an ~ions of th s chaoter relatin~ to the buildin~ permit~_ an~ All prov .... .L ~uild~ hermits for Derms, ~xcep~ a~ ~0vided in this 5~tion. -89- 26. Chapter 100 is amended by adding a new Article thereto, to be Article XXIV, to provide as follows: ARTICLE XXIV Nonconformincj Uses and Buildings Section 100 240. Purpose, The purpose of this article is to reduce or minimize impacts of: uses and buildings which do not conform to the use or bulk recluirements set forth in this chapter; all uses and buildinqs that become nonconforming by reason .o. fany subsequent amendment to this chapter; and ail buildinc~s containing nonconforming uses. Section 100-2ql. Nonconforming uses. Except as provided hereinafter, nonconforming use of bu dngs or open land existing on the effective date of this chapter or authorized by a bu Idinq permit issued prior thereto, rec~ardless of chanc, le of title, possession, or occupancy or right thereof, may be continued indefinitely, except that such building or use: A. Shall not be enlarged, altered, extended, reconstructed, or restored or placed on a different portion of the lot or parceJ of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever. 8. Shall not be moved to another location where such use would be nonconforming. C._L Shall not be changed to another nonconformin.g use without approval b~/ the Board of Appeals and then only to a u~e which in tbe opinon otthe sa d Board, is of the same or of-'a more restrictJ've nature. D. Shall not be chanc~ed back to a [ess restrictive use, if changed to a more restrictive nonconforming use. Shall not be re established if such use has been changed to, or replaced by, a conforming use. F. Shall not be repaired or rebuilt unless the use is changed to a conformng use if the nonconformng use is damaged ~y fire or other causes to the extent of 50% of its fair valLte. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use anythi~cj in this artlcle to the contrary notwithstanding, the nonconforming use of such buildlng or premises shall no IonBer be permitted unless a varianc~ therefor shall have been granted by tt~e Board of Appeals. Section I00-2q2., Nonconforminc~ buildings with conformincj uses. A. No~hinc~ in this article shall be deemed to prevent the remode n~[, reconstruction or enlargement of a nonconformin~l buildin~ c~ a conforming use provided that: such action does not--create any new nonconformance or increase the dec~ree of nonconformanc~ w~h regard to the re,qulations pertalninq to such bu['ldin~s. B_.L. Reconstruction of a damaged buJldin~l. 1, A nonconforrnin~ buildinc.~ containinc~ a confornlir~ use which has b_een d~maged' b¥.f.~ , .... ~.~l,' not be~r i'e~ than 50% of ts ,_al~' v~ju ....... . m ~- · ~nless ~uch bu~---[~-ng s made substant,~l~nf°~m to the ~ht and yard requirements ~f th~B~chedule. A lication for a permit to build or restore the damaQed porti~z. . ~ 1 'above, s~a be lied with;,, one ear of the ~ate ot such Wh c~, as to such portion, shall compJ~the requ ' ' ~ ~se ~ such buildin~ is ~n~c-d to a confo~min~ use. Sect&on 100-244. Nonconforming lot~. A. This subsection is intended to ~rovide minimum standards -- for ~rantinq of a buildinq permit for lots made ~0n-~onforminq or continued'in a state of non-uonformance by the adoption of this Local Law~ and that were singly and separately owned as of the effective date of this" Local Law. B. A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effecti~u date of this Local Law and not adjoining any lot or ]~,nd in the same ownership at any time subsequent to such date may be used, or a buildin~ or structure may be erected on such lot for use~ in accordance with'all the other applicable provisions of this Local Law~ provide,] that proof of such separate ownership is submitted in ~he form of an abstract of title showin~ the chan~es of title to said lot~ which abstract shall be in the usual form~ shall be certified by an attorney or a company regularly doin~ such work in Suffolk County or by a' corporation duly licensed to examine and insure title to real ropert~ in Suffolk Count~ and shall contain ,~ certification that no contiquous property, was owned b~ ~n owner of the property involved since the date of a~ Such lot shall be previously applicable Zoninq Law. ~ranted relief for front side and rear yard dimensJ~,ns as follows~ -90(a)- Minimum Standards Lot Yard Area Coverage Width Depth Front Side Both Sides Rear 20,000 ~ 20% 120' 140' 40' 15' 35' 50' to 40,000 (S.F.) less than 20,000 (S.F.) 20% 80' 100' 35' 15' 25' 35' In the case of sinqle and separate ownership of a nonconforminq lot located in a subdivision plat, approved after April 9tht 1957t by the Plannina Board of the Town of Southold and filed with the County Clerk o~ Suffolk County, relief for all front~ side and rear yard and area dimensions shall be ~ranted to the extent that such front~ side and rear yard and area dimensions were required at the time the map was originally filed with the County Clerk of Suffolk County. Section 100 24~ Repairs and maintenance. Notwithstandinc~ any of the forec, loinc~ recjulations, nothinc.1 in this article shall be deemed to prevent normal maintanance and tel)air of a*~¥ building, or the carrying out upon the issuance of a bu[Idinq permit of mili~)r alterations or demolitions necessar~ in the i~terest of public Section 100-246 Involuntary moves. 100-243 herein are not intended ~o a ~pl~[~lu~, y~'~;~,,}~t~ or structures as a result of co~demnation act,ons o~ ~h~,~ -91 27. Chapter t00 is amended by adding a new Article thereto, to be Article XXV, to provide as follows: ARTICLE XXV Site Plan Approval, Section 100-250, Purpose. To standardize procedure for review of site plan and rec{uirements for site plan application regardless of district. Section 100-2S1. Ceneral requirements. No building or structure and no parking tot or outdoor use of land, except those used as a one-family or two-family dwelling or for farming purposes and their accessor)' uses, includinc~ home occupations, shall be used. constructed, enlarged or moved until a site plan meeting all the applicable requirements of this article has been apprc~ed h¥ the Planning Board. In addition, any change in use or intensity Bi use which will affect the characteristics of the site in terms of parking, loading, access, drainage and/or utilities or an), plan to alter a building in a historic district or with historic landmark designation will re~ulre site plan approval. Furthermore, any use or structure in a flood or erosion hazard area will require site ptan approval. In all cases where this chapter recluires ~pproval of site development plans by the Planning Board, no building permtt shall 13e issued by the Building Inspector except upon authorization of and in conformity with the site plan approval b)' the Planning Board. Moreover, it is the intent that ail problems arising within the limits o~ the job site will be completely resolved, redesigned and approved before any work is resumed. However. in the event that an error either of desitin or judgement becomes apparent during the progress of the work, the Planning ~oa~'d through its representative, the Building inspector, reserves the right to stop such work and direct such changes pursuant to Town of Southold speciftcations to correct such error. It is also understood, that the Planning Board or its representatives shall not be held liable for any problems arising during or after construction. Section t0~1-252. Obiectives. In considering and acting, upon site development plans, the Planning Board shall take into considerauon the publlc health, safety and welfare, the comfort and convenience of the public in cjeneral and the residents of the immediate neic]hhorhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the resuit of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following obiectives in particular: A. Traffic access. That all proposed traffic accessways are adequate but -- not excessive in number; adequate in width, .cjracle. alignment and visibility; are I~ated in proper relationship with intersections, pedestrtan crosslnc~s and places of pul31ic assembly and are in conformance with overall traffic safety consideration. B. Interior circulation and parking. That adequate off-street parking -- and Ioadinc~ spaces are provided to satisfy the parkincj needs BI the proposed uses on-site, and that the interior circulation system is adequate to provide convenient access to such spaces consistent with pedestrian safety. -92- Landscapmc~ and screenincj. That all required recreation, parkinc~, service and similar areas are screened at all seasons of the year from view of adiacent residential districts and streets, and that the landscapincj of the site is in character with that c~enerall¥ prevailin(.l in the neic. lhborhood. Existin~l trees eight ~nches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. Natural features. Due re~ard shall be paid to all natural features on and adjacent to the site. includinq, but not limited to. drainac~e courses. wetlands, marshes, dunes, bluffs, beaches, escarpments, woodlands, larcJe trees, unique plant and wildlife habitats, flood hazard areas and to protection of c~round and surface waters. Cultural Features. Due rec,~ard shall be paid to all cultural features on and ad acent to the site incJudincj, but not limited to. archeological and paieontoioc~ical remains, old trails, historic structures and sites and a,cJricuiturat fields. Pavement. All plazas and other paved areas intended for use pedestrians shatl make use of such pavements and plant materials which could serve to encourac~e their use by pedestrians durinc~ all seasons of the year and shall not consist of undue expanses of pavement. Lighting. All outdoor licJhtinc~ shall be of such a nature and so arrancjed as to preclude the proiection of direct licjht and ,cjlare onto adioinincJ pro~3erties and streets. Public address or sound system. Any sound or public address system shall be such that no sound from system shall be audible on adioinincj properties ar on the adiacent street. Facades. Buildin~ facades shall be compatible with surroundinc. I area. Drainage. The drainacJe system and layout proposal will afford an adequate solution to any drainacje problems. Public utilities. Plans for water supply and sewac~e disposal are adequate such that the internal water and sewer systems are adec{uate and that all wells, sewa(~e systems and connections to Town systems are in accordance with Town and County standards. Existing development and community plan. That the development proposed is at a scale and density consistent with existincj development and with the Master Plan of the Town of Southold. Aesthetic considerations. The design of all structures shall be compatible With that of surrour, dincJ structures. Compatibility shall be determined by a review of proposed (1] use of materials, (2) scale, (3) mass, (qb heiqht, (5) color, (6} texture, and (7} location of the structure or structures on the site. Handicapped access. The site plan and buildinc~ desicjn shall accommodate the needs of the handicapped and be in conformance with the State standards for construction concerning the handicapped. Energy conservation. The site plan and buildinq design shall maximize the conservation of enerqy. Section 100-253. Effect of approval. No buildin~ permit shall be issued for any structure cove,'ed by this ~'rticle until an approved site development i)lan or appro'~ea-amend~e~tt of any such plan has been secured by the applicant from the I'la_nnin(j Board and presented to the 13uilding Inspector. -93- B. No certificate of occupancy will be issued for any .structure or use of land covered by this article unless the structure ~s completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan. C. Should any site plan approval involve ar~¥ matter recluirincJ re,fe~..~,l to the Suffolk County Plan~;nc~ Commission, then the matter snau e referred, pr or to fna act on by the Planninc~ Board, to the Suffolk County Planninc.1 Commission in accordance with the applicable provisions of law. Section 100- 2Sq. A. Presubmissien conference. Prior to the submission of a site development -- plan the applicant or his accent shall meet with the Ptannincj Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development pla. elements shall be submitted to the Plannincj Board in order for said Board to determine conformity with the prowsions and intent of this chapter. B. Waiver of required information. Upon flndincjs by the Planninc} Board that, due to special conditions peculiar to a site, certain of the information normally recruited as part of the site plan is inappropriate or unnecessary, or that sir ct compliance with said requirements may cause extraordinary and unl~ecessar¥ hardships the Board may vary or waive the provision of such information provided that such variance of waiver will not have detrimental effects on the publio health, safety or caleneral welfare, or have the effect of nullifyinc. I the intent and purpose of the site otan submission, Official Map, Master Plan, or this Zoninc~ Code. (See followin~ Section 100-255 on Site Plan Elements.) Within six {61 months foilowinc. I the presubmission conference, nine -- copies of the site development plan application and any related information shall be submitted to the Plannincj Board. Within thirty (30) days of receipt of the application, the Planninc.~ Board shall determine whether said application is complete. If the Plannincj Board determines sad abpIcation to be incomplete, it shall forthwith notify the appli4ant. wherein said application is deficient, if a site development plan application is not submitted within six (6) months followinc. I a presubmission conference. another conference may be required by the PlannincJ Board. O. If the Ptannin(~ Board determines said application to be complete, it -- shall within ten (101 business days of such determination, solicit comments and reviews from ail ac~encles. The Planninc~ Board shall also send a copy of the application to solicit comments and review within thirty (30l days of the date of referral from the Town Trustees. Town Eric. linear, Superintendent of Hic. lhways, the Conservation Advisor,// Commission. Buildinc~ Inspector, Fire Oistrict. or other municipal a~lel~cy or district' pc~tentially affected by the proposed development. Applications for condominium development shall be forwarded to the Suffolk County Planninc~ Commission for their review and response within thirty (30) days of the date of referral, If the County Planninc~ Commission makes a nec~ative recommendation, a Town Planninc~ Board vote of a ma ority plus one is recruited, It shall certify to the Town Clerk that a complete app ication is on file with the Planninc. I Board. E. No application shall be deemed complete until either a nec. retire declaration Quality Review Act ($EQI~-,'\) as implemented by Chapter qz4 et the Town Code. or if a positive declaration is ~nade. until a draft environmental impact statement has been accepted by the Planninc~ Board as satisfactory with respect to scope, content, and adec~uacy. Rec~ardtess of [he time re~uirements of this section, reasonable time shall be provJcled for ?ompliance with SEQRA includinc~ the preparation of a final envirot~mental ~mpact statement. -9q- If the Planninc. I Board determines that a public hearing is necessary, it shall schedule and hold same. Notice shall be c~ivan at least five days prior to the dates of such hearin~l by publication in the official Town newspaper. Within fort~ -five (q5) of the conclusion of the hearinc~, or the t the whether the and specmcat cj Inspector and Town Clerk and the ~roval, its vel. act under , days shall be deemed to be approval. Once approval has been cjranted by the Planning Board, one translucent linen ok"mylar and six copies of the approved plan, on which all conditions imposed by the Ptannin~ Board as part of its approval have been cleart¥ indicated, shatl be forwarded to the Chairman for his/her endorsement. Amendments to a site development plan shall be acted upon in the same manner as the approval of the original plan. J. Approval of a site plan by the Plannin~ Board shall be valid for a period -- of 36S days for the purpose of obtainincj a build/hq permit. Failure to secure a buildinc~ permit durinc~ this period shall cause the site plan approval to become null and void. Once a building permit has been issued, an approved site development plan shall be valid for a period of two (2) years from the date of approval (of the plan). All work proposed on the plan shall be complete within two (2) years from the date of approval unless a Ioncjer period was approved or the applicant obtains an extension from the Planninq Board. No buildincj permit shall be issued before approval of a site development plan has been rece~,ved trom the fflanmnc~ Moarcl. K. No regradin(~, clearincj, tree removal or any other work in preparation of future use of a site may take place until site plan approval has been received from the Planninc~ Board. In the case of a variance application requirln(=3 a site plan approval, the site development plan application shall be subiected to a preliminary review in accordance with the above procedure before recommendations are made by the Plannincj Bbard prior to action on said applications by the Board of Appeals. Building permits issued'for variances shall be in accordance with the conditions established by the Board of Appeals. A statement shall be t~laced on all site plans approved by the Planninc~ Board to the effect that the owner(s) ac~ree(s) to comply with the plan and all conditions ~oted thereon. The ret{Mired site improvements (all roads, paving and circulation, drainacje, utilities, outdoor lic~htincj, recreation areas, ~arbac~e collection station, landscapinc~ and screenincJ includinc. I planting and maintenance thereof for a minimum of one year and a maximum of three years at the discretion of the Plannin~l Board) which are an integral part of the approved plan shall be cjuaranteed by cash. performance bond or other acceptala{e cjuarantee approved by the Town Board and Town Attorney. In the event that a saJtisfactory cjuarantee is not provided within ninety (901 days of the date of the resolution of the Planninc~ Board approvin~ the plan, said resolution shall be deemed null and void. A cash cJuarantee can be for 504 of the ~mprovements, but a bond or other c~uarantee shall be for 100% of the cost of the improvements. ~~-; sal wot enumerated pro err own h~oning to t , the ~utt~n~ up the.requ~re,d .. ~~'Hced by ~esolution de.sit. 5aid surety bond or cash deposit may u. of the Town Board u~n the certification of the Town Engineer that one or ~re oart cu ar items requ red. by the Town Board have been satisfactoril~comoleted. Such reduction shall be in the ratio that the ~nmn~eted item or'items bear to the total estimated cost of the require, I · ' - ~- :--tallation of a imarovements shall be under the di~t supervision of a New York State registered archmtect or pr . · engineer. To obtain a buildin~ permit, an applicant shall provide to the Buildin~ Insoector oroof of Town Board acceptance of ~uarantee. No part of them~uara~tee shaU be ?eleas~ until all requirements inclu~in~ the construction of site improvements ms completeo, ~nspec:e and approved ~ the Town. The site dove opment improvements shall be fully completed in accordance w th the a~prov~ plan before any new buildin~ or structure shown on the approved site plan is ~cupied or any existin~ buildin~ S~tion 100-28a on Certificates of Occupant%. 6uildin~ shall be occupi~ until a certlhcate of occupancy has been issued. Section 100-255. Site plan elements. Ao Submission a complete site plan application shatl consist of: 1. a complete site plan application form. 2. site plan review fee, as specified in subsection B betow. 3. an env ronmenta assessment form, part one, for ail Type t actions, or actions that may have a siclnificant environmental impact. See Southold Environmental quali~t¥ Review Law. a_.:. site plan(s). Fee The site plan review and inspection fee is based on the area contained Within the site plan. Such fee shall be computed on the basis of 50.05 per sc~uare foot of area within the site plan property limits, less buildinc~ coverac~e. Site Plan The applicant s Jail submit a site plan at a minimum scale of one inch ~ualS 40 feet to be prepared by a New York State licensed ArchiteL[, ~ndscal3e Architect, Civil Engineer or ~urve~or. The s~te plan shall i~clude 'those of the elements listed here~n which are appropriate to the proposed development or uses as indicated by the Planninc~ Bo. rd th the pre_,s._,hmission conference. This information, in tota. shall constitute the site plan. Multiple sheets may be utilized to pres~.'~t tTqe information recruited. -96- Lecjal j. Lot, block and section number, if an)', of the property taken ~rom the latest tax records. Name and address of the person, firm or orc~anization preparinc~ the map, sealed with the applicable New York State license seal and sit, nature. Date, North point and written and qraphic scale. Prooert¥ description shall be prepared by a licensed Surveyor or ~ivil Enc~ineer. The site plan may reference a land surveyor's map or base reference map. All distances shall be in feet and hundredths of a f~ot. All anemias shall be c~iven to tl,e exceed one in I0,000. The locations, names and existinc~ widths of adjacent streets A separate map of location and owners of all adioininc. I lands, w~trt~n 500 feet as shown on the latest tax-recoros, at a scale of one inch ec~uals 100 feet. Location, width and purpose of all existinc~ and proposed public use within or adioinincj the property. A complete outline of existinc~ easements, deed restrictions or covenants appiyincJ to the property. Existinc~ zoninc~, includincj zone lines and dimensions. Natural features. a. Existtnc~ contours with intervals of two feet or less, referred -- to mean sea levet as per USGS datum. b. Approximate boundaries of any areas subiect to floodinc~ or -- storm water overflows; tidal bays, ponds, and marshes, Freshwater bodies and wetlands and streams. C. I ~ation of existincj natural ~eatures enumerated i~ subsection -- O of Section 100-252. and any other sic~nificant exiatincj natural features such as rock outcrops and trees with a diameter of eic~ht inches or more measured three feet above d. Location of any existinc~ cultural features enumerated in b. Paved areas includin9 parkincj areas, sidewalks, and vehicular ~ access between the site and public streets. - 97- Locations, dimensions, cjrades, and flow direction of any exiatinc, i culverts, water lines, sewer lines or sewage disposal systems, as well as other undercJround ancl above c. lround utility poles and utility lines within and adiacent to the property. d. Other existing development features or strucutres, including ~ fences, landscapinc~ and screening. e. The location and use of all buildings and structures within 200 feet of the boundary of the subiect property. a...L Proposed development. The location of proposed buildings or structural improvements, indicating setbacks from all property lines and horizontal distances from existincj structures. bo The location and desicjn of all uses not rec~uiring structures, such as off-street parking and [oadincj areas and pedestrian circulation. Co do The location, direction, power and time of use for arty proposed outdoor lighting or public address systems. The location and plans for any outdoor signs which must be in accordance with applicable sign regulations. Paving. curbs, sidewalks, drainac~e structures, fencing, gradinc~ and drainac}e plans shall be in conformance with the Town of $outhold hic.~hwa¥ standards. Gradir~l and drainage plans shall be based upon site rainstorm retention, in conformance with the Town of $outhold highway standards, contours and spot .c}rade elevations to be provided. Landscaping, bufferlnc~ and street tree plans includinc, i material size, cluantitY and location. A list of piantincjs shall also I~e shown, as per the Town of Southold hiqhway standards. Location of water and sewer mains, electrical service and cablevision installations, location of water valves and hydrant and/or any alternate means o~ water supply and sewacje disposal and treatment. i. An indication that ail storaqe areas for materials, vehictes, supplies, p.r..oaucts, or ec~uipment shaU be located in either a side or r~ar yard and that such areas are adec~uately fenced If the site development plan indicates only a first stage, a supplementary plan may indicate ultimate development. -98- 28. Chapter t00 is amended by adding a new Articte thereto, to be Article XXVI, to provide as follows: ARTICLE XXVI Special Excepllon Uses Section 100- 260. Purpose. The provisions of this article are designed to provide for administrative review of selected types of proposed land uses. Certain uses which are allowable under zonincj are nevertheless so llk~ly to sicdnificantly affect their surroundings that they rec~ulre individual review to assure compatibili~__y_ with ~'~istinc. I land use patterns, community character and the natural environment, before bein~l permitted to come into existence. Similarly. certain authorized uses may take on such diverse forms in their actual implementation that it is wise to review and pass upon the adherence of each individual proposal to standards and ~luidelines previously established for the use involved. F nelly the case-by-case review achieved by use of the special exception approval mechanism can increase the flexibility and appropriateness of local development review, and better enaiole local officials to avoid ne~latiye. consec{uences which sometimes arise from the otherwise lawful development or use of a particular site. Section 100-261. Special exception uses. There is hereby created a catec~ory of land use approval to be known as special exception uses. Said uses may not be commenced, created, und~.-taken, carried out or thereafter maintaineq or substantially expanded without a special exception approval first havinc~ been obtained therefor, which special exceptio.. approval shall have been c, lranted for the use either by the Planning Board, the Zoninc, I Board of Appeals or the Town Board, accordin~l to the provisions for the particular special exception use set forth in this article or elsewhere in this chapter. Any [and use, including .the erection, construction, reconstruct on, alteration, demolition, mowng, convers~0n or change, of use of any structure shall be a special,exception use reclu~r~n9 a s~3eclal excaptmn approve f the text of this chapter or the Use Schedule hereof, denotes the use as being either the subiect of a special exception approval or a special exception use. No building permit for any such special exception use shall be issued until the required special exception approval shall have been ,c. lranted for the same. and the conditions imposed in such approval as prerec{uisites to a building permit, if there be any, have been met. Section 100-262. Rules of conduct and procedure for special exception uses. A, An application for a special exception approval shall be on the form for same provided by the Building Inspector, and shall be submitted in triplicate, together with the fee of $75.00. to the BuiJdinc. I Inspector who shall review the application for completeness and conformity with this chapter. The Buildin~ inspector shatl reject the application if~ is not complete or not in conformance, and shall notify the a~ as to the reason for such reiection. If the application is satisfactory, the applicant and the ~auildin~l Inspector shall forward the applicatio.,s to the board havinC~ jurisdiction [hereof. B. Prior to takinc~ action on any special exception use, the board havinc~ ~ jurisdiction thereof shall schedule a public hearinc~ within lorry-five (q5) days after determination that the a~313iication is complete. Within slxt (60) days followinc~ the close of the public hearing, [he board shai~ render a decision on the application. -99- C. Effect of approval. A special exception approval issued in accordance -- with the provisions of this article shall authorize only the special exception use for which the approval is granted. No use which is not a special exception use hereunder shall be authorized by any such approval. The approval may include reasonable conditions which the board determines to be necessary or appropriate to insure that the applicable general and specific standards and safec~uards set forth in this chapter for the use can and will be met and/or adhered to, A special exception approval shall be valid for a period of six months, but may be extended for one (1) additional six (6) month period by the issuinc, I board without the requirement of new public notice of hearth9. A continuin9 or permanent land use authorized by a special exception approval which use is undertaken or bec:jun durinc, I the period of validity of such approval shall thereafter be deemed a lawful use. as if the same were permitted by this chapter without need for a special exception permit; provided however, that: (1) All conditions imposed by the special exception approval shall continue to apply, unless by their express terms are of limited duration. t2) All conditions imposed on special exception approval uses c~enerally or specifically by this chapter shall continue to apply, rec~ardless of whether any such conditions were expressly incorporated into the special exception approval. (3) The board which issues the special exception approval shall retain continuing jurisdiction over the same. O._L, Violations of conditions. A violation of any limitation or condition of a special exception approval, or of any provision of this chapter applicable to a special exception use. shall constitute a violation of this chapter. The board which approves any special exception use shall retain iurisdiction, and shall have the right, after a public hearinc~. to modify, suspend or revoke such approval, or any term or condition thereo{, or to impose thereon one or more new conditions, all on the followin9 grounds: (1) False statements or mistake of material fact. MateriaU¥ false or inaccurate statements in the application, supporting papers or supportinc, I testimony, or ~c~norance or misunderstandin~ of a material fact by the board, which fact. had it been known to the board at the time of its r~view, would have resulted in a denial of the approval souc~ht. (2__~.) Non-compliance with the terms and conditions of such approval. Failure of the applicant-perm/tee to comply with any conditions or terms of the approval. (3) Activity beyond such approval. Exceeding the scope of the activity ~ use or proiect as :he same was described tn the application. No special exception approval shall be c~ranted unless the board havinc~ iurls~iction ther'eof specifically rinds end determines the (oTl~winq; - That the use will not prevent the orderly and reasonable use of adiacent properties or of properties in ad;acent use districts. That the use will not prevent the orderly and reusonable use of DermHted or lethally established uses in the district wherein ~he proposed use is to L)e located, or of permitted or legally establisi~ed uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience Or the order of the Town will not be adversely affected by the propo~'ed use and its location. O. That the use will he in harmony with and promote the cjeneral purposes and intent of this chapter. E_.L. That the use will be compatible with its surroundinc, ls and with the character of the neicjhborhood and of the community in cjeneral, particularly with rec~ard to visibility, scale and overall appearance. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. Section 100-26zi. Matters to be Considered In makincj such determination, consideration shall also be c. liVen, amonc~ other thin(~s, to: A. The character of the existing and probable development of uses in the -- district and the peculiar suitability of such district for the location of any of such permitted uses. B. The conservation of property values and the encouracjement of the most -- appropriate uses of land. C. The effect that the location of the proposed use and the location that vehicular traffic conc. lestion on public streets, highways, or sidewalks to assure the public safety. D. The availability of adequate and proper public or private water supply -- and facilities for the treatment, removal or discharc~e of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. E. Whether the use or the materials incidental thereto or produced thereby may g. live off obnoxious c~ases, odors, smoke or soot. Whether the use will cause disturbing emissions of electrical discharges, dust, IIc~ht0 vibration or noise. Whether the operation in pursuance of the use will cause undue interference with the orderly enioyment by the public of parkincj or of recreational foci t es, if existing or if proposed by the town or by other compete.it c~overnmentat a~encies, H. The necess ty for bituminous-surfaced space for purposes of off-street -- parkinc~ of vehicles incidental to the use, and whether such space is reasonat31y adequate and appropriate and can he furnished 13¥ the owner ~Ot sought tO be used within or adiacent to the plot wherein the use shall be located. I. Whether a hazard to tii~e, limb or pro~3ert~ because of fire, flood, erosion -- or panic may be created by reason otor as a result of the use, or hy the structures to be used therefor, or by the inaccessibility of the p, opert¥ or structures thereon for the convenient entry and operation of fire and other emerqenc¥ apparatus, or by the undue concentration or .~sembiac~e of persons upon such plot. --' overcrowding of land or undue concentration of 13ot)uluil~-n~ K. Whether the plot area is sufficiunt, appropriate and adequate for -- use and the reasonably anticipated operation and expansion thereuf. -t01- M__L. Whether the site of the proposed use is particularly suitable for such Whether adequate buffer yards and screeninc. I can and will be provided to protect adiacent properties and land uses from possible detrimental impacts of the proposed use. Whether adequate provision can and will be made for the collection and disposal of storm water runoff, sewac~e, refuse, and other liquid, solid or gaseous waste which the proposed use will cjenerate. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes, and without risk of pollution to groundwater and surface waters on and off the site. Section 100-265. Additional conditions and safecjuards. In decidinc~ on any application for a special exception use, the board havinc. I iurisdiction thereof ma~/ impose such conditions and safecjuards as it deems necessary or appropriate to preserve and protect the spirit and the obiectives of this chapter. -102- 29. Article XII, ss renumbered Article XXV[I is hereby amended to read aa follows: ARTICLE [XIII XXVII Board of Appeals Section [leO-t201 100-270,. Appointment; membership. The Town Board shall appoint a Board of Appeals consisting of five members, as provided by Town Law. Section [100-1211 100-271. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals. To hear and decide appeais from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals. Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. [subject, however, to the following: [1) Before such approval shall be given, the Board of Appeals shall determine: ia} That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. {b} That the use will not prevent the orderly and reasonaJ31e use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or established uses in adiacent use districts. (c} That the safety,'the health, the welfare, the comfort, the convenience or the order of [he town will not be adversely affected by the proposed use and its location. (d) That the use will be in harmony with and promote the general purposes and intent of this chapter. (2) In making such determination, the Board of Appeals shall also cjive consideration, among other things, to: fa) The character of the existing and probable development uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. (b) The conservation of property values and the e~couragement of the most appropriate uses of land. (c) The effect that the location of time proposed use ~nay have upon the creation or undue i~crease of vehicular traffic congestion on public streets or highways. -103- (fi The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gasea, odors, smoke or soot. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. Whether the operation Jn pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the town or by other competent governmental agencies. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adiacent to the plot wherein the use shall be located. (ii Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use, or by the structures to be used therefor, or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot. ti) Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. (k) Whether the plot area is sufficient, appropriate and adequate ~r the use and the reasonably anticipated operation and expansion thereof. Whether the use to be operated is reasonably near to a church, school, theater, recreational area or other place of public assembly.~ Interpretations. On appeal from an order, decision.or determination of an administrative officer, or on request of any town officer, board or agency, to decide any of the following: Determine the meaning of any provision in this chapter or of any of this chapter. (2) Determine the exact location of any district boundary shown on the Building Zone Map. Section il00 1221 lQ0 272. Additional conditions and safeguards. Section (100-1231 100-273. Rules of conduct and procedure. The Board of Appeals shall, consistent with the law, determine its own rules of conduct and procedure. Section [100-12q1 -100'27u~. Fees, All applications to the Board of Appeals for any relief herein shall be accompanied by a fee of 'one hundred fifty dollars Section [.100-12S1 100-275. Notice of hearing. A. In all cases where the Board of Appeals is required to hold a public hearing, in addition to the notice of such hearing requLred by law, a written notice containing the following information shall be sent by the person petJ~:Joning such 8card. or his agent, by either certified or registered ~tail, to every owner of property immediately adjacent thereto, n the avant that any pet richer owns or has any interest in any property immediately ad acant to the property wh ch is the subject of such petition, then written notice shall also be given to the owners of the property ac~jac, ant to such otb'er property of the petitioner. For the purpose.of this section, the words "ownera or "property ownera mean the owner as shown on the current assessment roil of the Town of Southold. The notice required by this section shall be mailed by the petitioner, or his agent, within five (S) days preceding the filing of - the petition in the Town Clark~s office. Proof of mailing of such notices in the form of a sworn statement shall be fiie~ with the Town Clerk at the time of filing of the petition. Such notice shall contain the following information. (1) A statement that the petitioner proposes to apply to the Board of Appeals of the Town of Southold for a variance, special exception, special permit or other specified railer, as tt~e caae may toe. (2}A description sufficient to identify the property which is the subject ct' the petition.. (3) The zone district classificatio~ of such property. (~)- A detailed statement of the railer sought by the petitioner. ($1 The provisions of the zoning ~aw applicable to the relief sought by the petitioner.. resent'that wlthJr~ five (5} days such petition will be filea in the (G) Asta own Clerk~s office, Main Road, $outhoid New York, $outhold T · and may than be examined during regular office hours. (71 A statement that a public hearing with respect to Such petition must be held I~y the Board of Appeals of the Town of $outhold before the relief s~ught can ~e granted; that the person to whom the notice Is addressed, or his representative, has trte rigt)t to appear and be heard at such hearing; and that a notice of such hearing will toe pui~llshed in the a(flcial town newspaper not les~, than five (S) days prior to such pul~tlc hearing. B. In lieu of complying with the provisions of this section, written may toe filed with the Town Clerk at the time of f~llng the petition. C. Failure to comply with the provtsiona ~'f this section shall not affect the valiclity Of any action taken Oy the aoard of Appeals. -105- 30. Article XIV, as renumbered Article XXVIII is hereby amended to read as follows: ARTICLE JXlV] XXVlII Administration and Enforcement Section [I00-1q01 100-280. Administrative and enforcing officer. Ab It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. The Building inspector and/or his assistant and deputy building inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for buildinc~ permits and submitted therewith and for certificates of occupancy and records of all buildincj permits and certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enforcement of this chapter as is conferred upon them by law. Said Building Inspector shall keeJ~ a record of every identifiable complaint of a violation of any of the provisions of this chapter, and of the action taken on each such complaint, which records shall be public records. He shall report to the Town Board, at intervals of not cjreater than three (3) months, summarizing for the period since his previous report all buildincj permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon. O. The Buildincj inspector shall make the necessary inspections for the purpose of ascertaining whether or not existincj conditions comply with the provisions of this chapter. E_:. At the request of the Town Board, the Buildinc~ Inspector shall inspect any premises for the purpose of ascertaminc~ whether or not existing conditions compt¥ with the provisions of this chaoter and reoort in writing, to said I;loard the results of his findincjs'. At the request of the Planninc~ Board. the Buildin~l inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference. Section [100-1qll I00-281. Building permits. No building in any district shall be erected, reconstructed, restored, moved or structurally altered without a building permit duty issued upon application to the Building Inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter and the provisions of all other applicable laws, ordinances, rules and regulations. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter snail be invalid. Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee and a plot plan drawn to scale and signed by the person responsible for each drawing. If no such plot plan is available, a survey is required. prepared by a licensed engineer or land surveyor. -106- If the Building Inspector deems it necessary that plans and specifications be examined to ascertain if the proposed building will comply with applicable building construction, housing and fire codes, he may require that plans and specifications be filed with the building permit application. The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a buildincj which do not affect the exterior thereof. {2} The section, block and lot numbers, if any, as they appear on the latest tax records. (3) ' The exact size and locations on the lot of the proposed budding or buildings or structural alteration of an existing building and of other existing ~s on the same lot. The dimensions of all yards in relation to the subject building, and the distances between such building and any other existing buildings on the same lot and adiacent lots. {5} The existing and intended use of all buildings, existing or proposed, the use of [and and the number of dwetling units the building is designed to accommodate; and the necessary computations to establish conformity to the bulk and density recjutations. (6) Such topographic or other information with regard to the building, the {et or neighboring lots, as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by Section 280-a Of the Town Law. Ne building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by the said Board. No building permit shall be issued for a building in any district where such use is permitted by special exception unless and until such approval has been duly granted by the board bovine] iurisdiction thereof. No building permit shall be issued for any building until approval has been received from the Suffolk County Department of Health Services for the proposed water supp y~d sewage disposal system. The building permit application and all supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building inspector shall return one copy of all filed documents to the applicant. The Building Inspector shall, within ten (10) business days after the filing of a complete and properly prepared application, either issue or deny a building permit, if a building permit is denied, the 8uilding Inspector shall state in writing to the applicant the reasons for such denial. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance, or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a new permit 5hail be requ,-ed. -107- Je As soon as the foundation of a building or of any addition to an existing building is completed, and before, first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact Io~stion of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. Permit fees. The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the appiicat~n is approved or returned to the appli- cant if the application is denied: (a) $ingle- ~amily dwellings: (I) New dwellings and additions to existing dwellings: fifty dollars [SSG.) plus fifteen cents (S0.1S) for each square foot of floor area in excess of eight hundred fifty (850) square feet. {ii) Accessory buildings and additions and alterations [o existing accessory buildings: , twenty-five dollars (S25.) plus fifteen cents ($0.15} for each square foot of floor area in excess of five hundred (500) square feet., (b) Farm buildings and additions and alterations to existing farm buildings: fifty dollars ($50.} for each building. (c} Hotel. motel, multiple dwellings and business. Industrial and all other buildings: . fi) New buildings and additions and alterations to existing buildings: one hundred dollars ($100.) plus twenty cents (S0.20) for each square foot of floor area in excess of one thousand (3,0001 square feet. (ii) Accessory buildings and additions and alterations to existing accessory buildings: twenty-five dollars (S25.) plus fifteen cents ($0.151 for each square foot of floor area in excess of five hun- dred ($00! square feet. (d} Foundations constructed under existing buildings: seventy-five -dollars (e) Swimming pools, together with required enclosure fencing: one hundre¢ fifty dollars (S150.}. (f} All other structures C[.e., fences, etc.~ and additions and alterations to such structures: twenty-five dollars ($25.]. (g) Signs: Tho fee for ali signs, except signs permitted by ~ 10O-3OC[9)(z shall be OhO dollar (31.00) for each square foot of sign area, with a minimum fao of twenty-five dollars ($25.). (h) Demolition and/or removal and/or relocation of any building: ten dollar ($10.) minimum and five cents (SO.OS) for each square foot in excess three hundred C380) square feet of floor area. For the purposes of this'Subsection J, cellars, decks, attached garages and any habitable area shall be included in [he calculation of floor area. (2) Section 1180-1q21 100-282. Revocation o( permit. The ~uilding inspector may revoke a building permit thereto[ore issuect and -108- B. Where he finds that the building permit wes Issued in error and should not have been laaued In accordance with the applicable law. C. Where he finds that the work performed under the permit is not being prosecuted In accordanco with the provisions of the application, plans or specifications. D. Where the person to whom s building permit has been issued fails or re[uses to comply with a stop order issu~ by the Building Inspector. Section [100-1q3.] ?0-'28L Stop orders, . :: work on any ~ulldlng or structure is being pros~ut~ in violation o( the previsions of the applicable law, ordlna~ca~ or reguiationl, or not in conformity with the p~viaians o( an application, plan~ or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, ha shall notify the owner of the property, or the . owner's agent or the person perfo~in~ the work, to suspen~ ail building shall be in writing and shall state the ~nditlons un~e~ which the work may be r~umed, and may be Serve~ upon a person to whom it is dirtied either by delivering it personally to him or by ~stlng the same upon a ~nspicuous ~rtton of the building under construction and sending a copy of the aame ~y certified mail.' S~tlon [100-I~a.] I00-28a.. Certificates of occupancy. A. A certif~cate of occupancy s~ll be a~plied fo~ from the Building {nsp~or and it shall be unlawful to ~o any of t~e following until a certificate of occupancy is issue~ therefor, to wit: (1) O~upancy and use o( a building er~ted, ~onstructed. restored, structuaHy altere~ or move~, o~ any c~ange in use of an existing building. (2) Occupancy, use of a~y change in the use of any [and. ( ~ Any change in use of a nonconforming use. No certifl~te ef ~cupancy shall ,be issued for the use o( a ~uilding or lands requiring a special exertion approval or special permit, or for any tend use requiring a si[e plan approval by the Pl~ing B~r~, unless and until such special except on er special perm t ~p~oval or ste plan 'approval has been duty granted. Eve~ certificate o~ccupancy for'which a special exception, special permit or site plan approval has been granted. o( Appeals, s~aJl contain a detail~ statement of any condition to whiG~ the same [~ subject. ~uiidin~ Inspector for a new ~uilding or ~ an existing Ouii~ing :~q t~ation of L~e ~uii~ing as ~uiit. 5uc~ certificate s~all De [ssue~ within ten days after receipt of the proper[~ completed application, provid~ t~at the application states that ali ~equ~rements of ail o(her applicable codes or ordinances in effect are complied with. -109- O. If the proposed use is in conformity with the provisions of this chapter and ali oihar applicable codas and ordinances, a car~.ificata of occupancy for the use o( vacant land or for a change of usa or a nonconforming use shall be issued by tho Building Inspector within tan days after recalpt of a properly completed ·ppllcation. If a certificate o( occupancy is denied, the Building inspector shall state the reasons therefor in wrl(Ing to the applicant. E, Every application for · certificate of occupancy or · temporary certificate of occupancy shall be accompani~ ~y ~he fee herein- · fter spittle. Copies of s~h certificate will be issued upon thee payment of ~he fee hereinafter F. A certificate of occupancy sh·ll be deemed to ·uthorize and is required for ~h initial occupancy and use of the Building or land co which it applies. Upon wrttc~n r~uest ~nd u~n payment of the fee hereinafter specifiC, ~hl ~ulldlng lnspec~dr shall, ·flor inspection, issue a certificate of ~cupancy for any bulldin~ or use ~her~f or of land existing at the time of the adoption of ~hts chapter, or any same and the ~uildJng conform Co the provisions of this chapter. H. A record of all certificates of ~cupancy shall be kept in the office of the Building Inspector, and co~ies shall ~e furnished on request to any a~ency ~f the Town o~ to an~ persons having an interest [n the building or land affected'. Certificate of occupancy fees. The following fees shall be paid upon the filing ~f an appl~tion with the Building Inspector for a certificate of occupancy, w~ich fees shall be paid into the generat fund if the appii~tion is approved, or returned to the appli~nt if the appli~ttoF is deni~: fa)Business buildings and/or business uses and additions and tions thereto: fifty dollars (b) New dwellings and additions and alterations thereto: twemy-fiYe dollars ($~5.). Accessory buildings and additions and alterations thereto: twenty-five dollars (~25.). (d) P~e-existing dwellings: fifty dollars (e) Vacant Land; twenty dollars (f} Updated certificates of occupancy by reason of aQditions or altera- tions; fifty dollars (550.). (glCopie~ of certifl~te~'of occupancy issu~ five or [ess years five dollars (h) C~ptes of cer~ifi~tes of o~upancy issue' more than five ~ears Section [100-I~51 100-285. Penalties for offenses. A. For each offense against any of the provisions of this c~apter or any regulations made pursuant there:o or for failure to-comply with a wri[ten notice or or,er of any ~uHding inspector within t~e time fixed for comDliance t~erewlt~, t~e owne~, occupant, or w~o s~all fail co ~mDiy wit~ a written or~e~ or notice of any Building inspector shaH, u~n a first conviction t~ereof, ~e ~uiity of a violation punls~able by a f~ne of not exceeding five ~un~e~ dollars (~500.~ or ~y imprtsonmenc for a period hoc to exceeq fifteen [15) days, or ~t~. Eac~ day on w~ich such violation s~ail occuc shall constitute a separate, additional offense. For a second an~ subsequent ~nviction within eighteen C 18} months t~e~eafter, such per~n shall be guilty of a violation punishable by a fine not exceeding one thousand five hundr~ dollars (~1 ~ 500. ) or by imprisonment for a period not to exce~ fifteen (15) ~ays, or by ~oth such fine -110- Section [100-1~7] I00°2~6. Ramedias.~.. altered, repalra<~, converted or maintained, or any ~uildin~. structure o~ land is used. In v[olaUon of thl~ c~pter or of any re~iatlons made pursuant thereto, In a~O[~ion to Qther remeOSes provi~ ~y law, any. sai~ ~uil~in~, ~truc~ure or ~and, or to prevent any illegal ac~, conduct. 31. ArOcle XV, ts renum~ered Article XXIX'~nd S~0ons 100-150, 10~-161 100-152 ther~f are renum~er~ 100-2~0, ~00-2~1 aha ~00-292 ~.esp~tlvety. 32. Article XVI of Chapter 100~ aa add~ by ~aJ Law No, lq, 1985, entitled "A L~al ~w to'p~vide for a Mora~rium in certain usa Districts" is hereby r~pealed. ,'? ~ · ",' "' , 33. Said Chapter 100 is hereby amend~ by adding a new Article thereto to be Article XXX to provide as foilow~': '-' ,,,,: ,' "- ' ' ARTICLE XX~. Severablllty S~tion 100-300:. 3~. This ~l ~w shall take eff~t u~n Its fliln~ with the S~reta~ of State, APPENDIX C REPRINT FROM LIRPB NON-POINT SOURCE HANDBOOK ON COASTAL WATERS PROTECTION S/Il 5ZEPATOWSKI ASSOCIATES INC. £NVIRONMEN1AL CONSULTANTS S/Il Stud/es and environmental data have pointed to local effects rather than a large scale pollution problem from boat wastes and usage. In the absence of fur- ther federal guidance, the following recommendations are directed primarily toward local involvement, with emphasis on locating potentially vulnerable waters and preventing certain types of pollution through the education of the boating public. These recommendations should be implemented in the Long Island area regard/ess of any federal decisions that may be made concerning MSDs. Legislation, Regulations and Administration i',lunicipal Government Involvement · The State should encourage town actions leading to the establishment of NYS recommended, EPA approved No-Discharge Zones. · The municipalities, in cooperation with the State should initiate local ac- t/on leading to the establishment of No-Discharge Zones where ap- propriate. This designation would require holding tanks (Type III MSDst for all live-on vessels moored in the No-Discharge Zones. The occupancy of houseboats would be prohibited in these zones unless the houseboats were hooked-up to an approved land based sewage treatment facility. The following procedure is suggested. Identify all marinas and anchorage sites located in enclosed or semi- enclosed basins, where boating activities may have a significant impact on water quality. Organize and, to the extent feasible, participate in a monitoring pro- gram with the NYSDEC, NCHD and SCDHS to identify those problem areas where the potential impacts from boat wastes and boat uses are the greatest. Based upon the data developed from the above program, the NYSDEC, the county health departments aud the towns and villages should select and map several pilot No-Discharge Zones, inc]ud/ng one or more of the following: - marina and anchorage areas identified as subject to high pollutant loadings, - bathing beach areas - especially productive shellfish beds - prime marine, aquatic or other habitats. The maps should be distributed to the boating public. The State in cooperation with the towns should establish No-discharge Zones as required and develop a program to manage these areas. In conjunction with the State, the towns should apply to the EPA for the designation of the No-discharge Zones which have been identified above. · The municipalities should provide informational workshops for the people who will be responsible for the enforcement of the No-Discharge Zones. 13 · Once the No-Discharge Zones have been established, the National Oceanic and Atmospheric Administration should map these zones on the naviga- tional charts. · The Coast Guard, the counties and the municipalities should jointly resolve the question of jurisdiction over the discharges from live-aboard vessels and houseboats in order to prevent an increasingly serious poilu- tion problem. Pending further clarification of the responsibility for the contrul of sanitary wastes from live-aboard vessels and houseboats per- manently berthed or moored in local waters, the municipalities should use all available mechanisms including but not lircfited to the imposition of re- quirements for the hookup to approved land based treatment facilities, the immediate termination of occupancy or remove the offending vessel or house boat from municipal waters. · The municipalities should also identify Limited Access Zones that include shallow waters, wetlands, prime wildlife and marine life habitats. The Harbor Masters or Bay Constables should direct boaters away from these areas. Appropriate signs and markers should be provided by local municipalities. · The Counties and/or municipalities enact a law requiring the provision of pump-out stations and their use, especially in or near the No-Discharge Zones. A properly operating pump-out station should be mandatory at marinas that accommodate over night boaters and/or full-time live. aboards. · The municipalities should require the provision of adequate trash receptacles at marinas, boat ramps and near anchorage areas, and should prohibit the discarding of any trash or garbage other than in proper receptacles. · The Counties and/or towns should encourage proper maintenance pro- cedures at marine fuel docks to prevent needless overflow into the adjoin- lng waterways. · The towns should require owners to prevent runoff to surface waters from all new development in shoreline areas, including marinas and boat yards in order to reduce the contamination from land- based sources. The direct discharge of stormwater runoff containing oil products should be pro- hibited. A stormwater management plan should be required by the towns before the Site Clearance and Building Permit is given. (See Stormwater and Site Plan Review Chapters~. Public Education · The U.S. Coast Guard and the Power Squadron should utilize their boating courses to promote public awareness of the impacts of boat poilu- tion and boat operation in Nassau and Suffolk Counties. · The N.Y.S. Dept. of Motor Vehicles should include educational pamphlets describing the environmental impacts associated with boating activities as part of its mailing of new boat registrations and renewals. · The towns should alert boaters to the designation of No-discharge Zones in their region and should provide a clear description of the conditions and restrictions associated with these Zones. 14 APPENDIX D INDUSTRIAL PERFORMANCE STANDARDS TOWN OF BROOKHAVEN AND SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES · ,ZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS S/Il The wording below contains the performance standards being used by the Town of Brookhaven covering the development and operation of industrial activities in the 208 Deep Aquifer Recharge Areas and the Special Groundwater Protection Districts in that town. All proposed actions within are to be considered as having a potenti~ly significant effect on the environment which will require notification and coardinated review, with possible preparation of an Environmental lin- pact Statement, pursuant to the State Environmental Quality Review Ac& N.Y. ECL § 8-0101 et. seq. (SEQRA] and the Rules and Regulations issued thereunder of NYCRR, Part 61Z Actions as used in this paragraph shall have the meaning set forth in Part 61Z2(b]. All changes in tenants or occupants and new tenancy or occupancy and/or existing tenant or occupant industrial process changes will also ~equire notification and coordinated review and possible preparation of an Environmental Impact Statement pursuant to SEQRA and Part 617' provided, however, that this paragraph shall not apply to changes in tenants or occupants and space that is used or occupied exclusively for Offices. Landscaped areas are to be covered using grass, shrub or tree species that have low nitrogen requirements and that are disease and insect resistant. Native plant species are to be used where appropriate. All industries are to provide access to appropriate government inspec- tors during normal working hours. JVo industrial discharges into the ground shall be permitted, whether by floor drains or otherwise. No permit for a State Pollutant Discharge Elimination System (SPDES} shall be issued except for non-contact cool. lng water and sanitary sewage disposal systems malntuined on the user's property. The sanitary SPDES permit application shall include full plumbing and piping di~grarns, showing all subsurface facilities and all internal piping fixtures and connections to the sanitary systerm No additions to the approved system shall be added without further review and approval by the Suffolk County Department of Health Services (SCDHS] or the relevant successor agency, if any. ~ZEPATOWSKI ASSOCIATES lINC. ENVIRONMENTAL CONSULTANT~, S/Il No toxic or hazardous materials, as defined in the Suffolk County Sanitary Code, Article 11, Section 1203, Items n and o, shall be issued under Article 12~ Section 1206 and J207 of the Suffolk County Sanitary Code, but facilities that comply with SecHon 1203 shall be permittea~ The building area of each lot shall not exceed thirty.five percent of such lot's area without a sewage treatment plant for the lot or unless the building on such lot is connected to a sewage treatment district facility; provided, however, that no such connection or sewage treatment plant shall be required if th~ discharge of sanitary sewage does not exceed 600 gallons per day per acre of lot area or unless the property shall subse- quently become subject to mandatory requirements for sewage system connection by reason of its inclasion in a sewage districr Each industrial tenant or occupant may be responsible for installation of monitoring wells, both up-gradient and down-gradient in the ground- water flow. The wells will be installed in conformance with the re- quirements of the SCDHS. The number and location of the monitoring wells shall be as reasonably directed by the SCDHS. The tenant or occu- pant will be responsible for all costs of these services, as well as costs for groundwater monitoring and evaluation as required by the SCDHS. Well specifications are to be as follows: - minimum of 4 inch well casing - screen to be Ii) feet below groundwater level to 5 feet above Kround- water level for a Wtal of 15 feet - wells shall be capped, vundalproof, and accessible to SCDHS. Ar~y violation of the above provisions stw. ll cause the violator to be responsible for any and all legal fees and expenses incurred by the County of Suffolk and the Town -' The above was excerpted from the LIRPB Non-Point Source Handbook. SZEPATOWSKI ASSOCIATES INC. £NVIRONM£N'~AL CONSULTANT% .e ll .4~ proposed ~c~ons within are to be considered as si~iflc~t effect on the enrichment which w~ req~re ~n c~r~tod review, with ~ssible prepara~n of an Envimnmen~ lin- p~t ~tatemen~ p~s~t w the State Envimnment~ Q~ty AcS N. E ECL ~ ~101 et. ~. (SEQ.] ~d t~ R~s iss~d therefor of NY~, P~ 61Z Actions ~ ~ed in pa~raph ,~l ~ve t~ men~ng set fo~h in P~t 617~(b~ All ch~ges in ten.ts ar occupants ~d new te~ or an~ar exis~ng feint or occupant i~ust~ process req~re ~ficat~n ~d c~r~nated review ~d ~ssible pmp~n ~ Enviwnment~ lmp~t Statement purs~nt to SEQ~ ~ P~ 61~' p~vi~ ~wever, that this p~agraph s~l not apply te~nts ar occupants ~d sp~e t~t is used ar occupied exclusively for ~ndscaped are~ ~e w be covered using gr~s. shrub ar tree s~cies t~t ~ve ~w nitrogen req~rements ~d that ~e ~se~e ~d ~ect ~sist~t. Na~ve p~nt species are W be used where approp~to. AH industries are to pmvi~ ~cess to appropriate 8ove~ment inspe~ tore during norm~ working ~ure. No industrial discharges into the ground shall be permittoa~ whether by floor drains or otherwise. No permit for a State Pollutant Discharge Elimination System ($PDES) shall be issusd except for non-contact cool. lng water and sanitary sewage disposni systems muinto~nsd on the user's property. The sanitary SPDES permit application shall include fidl plumblng and piping diagrams, showing all subsurface facilities and all internal piping fixtures and connections to the sanitary systerm No additions w the approved system shall be o~4od without further review and approval by the Suffolk County Department of Health Services (SCDHS/ or the relevant successor agency, if any. No toxic or hacurdaus materials, az defined in the Suffolk County ,~anitary Code, Article lA Section 1203, Items n and o, shall be issued under Article 12, Section 1206 and 1207 of the Suffolk County Sanitary Code, hut facilities that comply wRh Section 1208 shall be permitted. The building area of each lot sh~ll not exceed tMrty-five percent of such lot's area without a sewage treatment plant for the lot or unless the building on such lot is connected to a sewage treatment district foci~ty; providen~ however, that no such connection or sewage treatment plant shall be required if the disc}retie of sanitary sewage does not exceed gallons per day per acre of lot area or unless the property shall subse- quently become subject to mandatory requirements for sewage system conr~cction by reason of its inclasion in a sewage districL Each industrial tenant or occupant may be responsible for installation of monitoring wells, both up-gradient and dawn-gradient in the ground- water flow. ~he wells will be installed in conformance with the re- quirements of the SGDH$. ~he number and location of the monitoring wells shall be as reasonably directed by the SCDH$. The tenant or accu- pant will be responsible for all costs of these services, as well us costs for groundwater monitoring and evaluation as required by the Well specifications are to be az follows: - minimum of 4 inch well casing - screen to be I0 feet below ~'~vundwater level to 5 feet above ~und. water level for a total of 15 fosL - wells shall be cappe~ vandalprcof, and accessible to Any violation of the above provisions stroll cause the violator to be responsible for any and all legal fees and expenses incurred by the County of Suffal& and the Town'-'