HomeMy WebLinkAboutLL-1985 #06LOCAL LAW NO. 6 -1985; WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT
A REGULAR MEETING HELD ON MARCH 26, ,1985.
LOCAL LAW NO. 6 , 1985
A Local Law to amend the Town Wetlands Ordinance
in relation to definitions, administration, enforcement and
action on applications
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Chapter 97 of the Southold Town Code (Wetlands) is hereby amended as
follows: (additions indicated by underline; deletion by [brackets])
The term "Tidal Waters" set forth in Section 97-13 thereof (Definitions)
is hereby amended to read as follows:
TIDAL WATERS - All waters bordering on or within the boundaries of the
Town of Southold subject to fluctuation in depth from peak lunar, storm
or normal tidal action, and including, but not limited to all brackish and
salt waters of streams, ponds, creeks, estuaries, bays, sounds and inlets.
II. The term "Wetlands" set forth in Section 97-13 thereof (Definitions) is
hereby amended to read as follows:
WET LAN DS:
A. Tidal Wetlands.
{1)
All lands generally covered or intermittenly covered with, or
which border on tidal waters, [and upon which salt meadow
grass (Spartina patens) and/or cord grass (Spartina alteniflora)
grows or is capable of being grown], or lands lying beneath tidal
waters, which at mean low tide, are covered by tidal waters to
a maximum depth offive (5) feet; including, but not limited
to banks, bogs, salt marst~, swamps, meadows, fiats or other
Iow lying lands subject to tidal action; and/or
(2) All banks, bogs, meadows, flats and tidal marsh subiect to such
tides, and upon which grows or may grow some or any of the
following: salt hay, black grass, saltworts, sea lavender, tall
cordgrass, high bush, cattails, groundsel, marsh mallow, and
Iow marsh cordgrass; and
(3) All land immediately adjacent to a tidal wetland as defined in
Section 97-13A(2) and lying within seventy-five (75) feet landward
111.
follows:
6f~the most landward edge of such a tidal wetland.
Freshwater Wetlands.
(1) Freshwater wetlands as defined in Article 24, Title 1, Section
24-0107, Subdivisions l(a) to lid) inclusive, of the Environmental
Conservation Law of the State of New York [.]; and
(2) All land immediately adjacent to a freshwater wetland, as defined
in Section 97-13 B(1), and lying within sevent~[z~ve (75)'feet
landward of the most landward edge of a freshwater wetland.
Section 97-20 (Permit required) thereof is hereby amended to read as
A. Permit required
Notwithstanding any prior course of conduct or permission granted,
no person sinall conduct operations on any wetlands in the Town of
Southold unless he shah first obtain a written permit therefor issued
by authority of the Trustees as hereinafter provided, and only while
such permit remains in effect.
Notwithstanding the provisions of subdivision A of this section, the
Trustees may, by resolution, waive the requirement of a permit with
respect to lands immediately adjacent to wet!ands, as defined in section
97-13A(3) and/or section 97-13E~(2), if the Trustees find and determine
that no operations are proposed on such lands, or that the operations ?_roposed
thereon comply witl~ Zhe standards set forth in Section 97-28 of this chapter.
IV. Subdivision C of section 97-24 thereof (Action on Application) is herel~y
amended to read as follows:
Action. [Within thirty (30) days after] after the public hearing
on such application, the Trustees shall either adopt a resolution
directing the issuance of a permit or adopt a resolution denyin9
the application therefor. A resolution directing the issuance of
a permit may be adopted only if the Trustees find that the
proposed operations will conform to the standards set forth in
section 97-28 hereof. If the Trustees adopt a resolution denying
an application for a permit, the reasons for such denial shall be
set forth in such resolution, lin the event that the Trustees
shall fail to act on such application within the time prescribed
herein, such application shall be deemed to have been approved
and the Clerk shall issue a permit authorizing the operations
applied for.]
V. Section 97-30 thereof (Enforcing Officer) is hereby amended to read as
follows:
Section 97-30 - Enforcing officer
It shall be the duty of the [Building Inspector] Bay Constables (hereinafter
referred to as the "Bay Constable" to administer and enforce the provisions
of this Chapter.
VI. Subdivisions A, D and E of section 97-31 thereof (Notice of Violation) are
amended to read as follows:
Section 97-31. Notice of Violation
Whenever the [Building Inspector] Bay Constable has reasonable
grounds to believe that operations regulated hereby are bein9
conducted in violation of the provisions of this chapter or not in
compliance with a permit issued pursuant to this chapter, he may
notify the owner of the property, or the owner's agent or the person
performin9 such operations, to suspend all operations, and any such
person shall forthwith cease operations until such notice of violation
has been rescinded.
The [Building Inspector] Bay Constable may extend the time of
compliance specified in the notice of violation where there is evidence
of intent to comply within the time specified and conditions exist which
prevent immediate compliance.
In the event that the person upon whom a notice of violation has been
served shall fail to comply with said notice within the time specified
therein or within the time specified in any extension of time issued
by the [Building Inspector] Bay Constable., any permit issued to such
person pursuant to this chapter shall be deemed revoked.
VII. Subdivision A of Section 97 33 thereof (Penalties for offenses) is hereby
amended to read as follows:
Section 97-33. Penalties for offenses.
-2-
VIlI.This
For each offense against any of the provisions of this chapter or any
regulations made pursuant thereto, or failure to comply with a written
notice or order of any [Building Inspector] Bay Constable within the
time fixed for compliance therewith, the owner, occupant, builder,
architect, contractor or their agents or any other person who commits,
takes part or assists in the commission of any such offense or who
shall fail to comply with a written order or notice of any [Building
Inspector] Bay Constable shall, upon a first conviction thereof, be
guilty of a violation punishable by a fine of not exceeding five hundred
dollars ($500.) or imprisonment for a period not to exceed fifteen' (1.5)
days, or both, Each day on which such violation shall occur shall
constitute a separate, additional offense. For a second and subsequent
conviction within eighteen (18) months thereafter, such person shall
be guilty of a violation punishable by a fine not exceeding one thousand
five hundred dollars ($1,500.) or imprisonment roi' a period not to
exceed fifteen (15) days, or both such fine and imprisonment,
Local Law shall take effect upon its filing.with the Secretary of State.
Date: 5/6/85
Dear Sir/Madam:
Please be advised that Local Law(s) No. /4,5 ,and 6
of]-985 ofthe Tc~'n off: go~J~-ho]cq
was/were received and filed on 4/~/R ~
Additional forms for filing local laws with this office will be forwarded upon
R~E~V[~[~request'
NYS Department of State
Bureau of State Records
383602-004(12/82)
(Please Use this Form for Filing your Local Law with the Secretary of State)
T,:xt of law should be given as amended, Do not include matter being
eli,ninated and do not use italics or underlining to indicate new matter.
~ of ......... ~ouibold; .............................................................................. : ...............
¥OWR
" t. at t.a. ...... .............. .....
A l~al law ..~.~ ...................
emorcement and action on
-:~;/;..,- ,
· ?:-..~. ~ _e Southold .........................................................................
;'?.'~,7 ~ Town on ...................................................................................
it enacted by the .........................,T, ta~ta,,l~a~t. ................................................................................ of the
as follows:
Chapter 97 of the Southold Town Code (Wetlands) is hereby amended as
follows: (additions indicated by underline; deletion by [brackets])
!. -The term "Tidal Watetts" set forth in Section 97-13 thereof (Definitional
is hereby amended to read as follows:
TIDAL WATERS - All waters bordering on or within the boundaries of the
Town of Southold subiect to fluctuation in depth from peak lunar, storm
or normal..tidaLaction, and including, but not limited to all brackish and
salt waters of streams, ponds~ creeks,' estuaries, bays, sounds and inlets.
The term "W&tlands" set forth' in Section 97=13 thereof (Definitions) is
hereby amended to read as follows:
WET LAN DS:
A. ~Tidal Wetlands.'
All lands generally covered or intermittenly covered with, or
which border on tidal waters, [and upon which sait meadow
gras.s (Spartina patens) and/or cord grass (Spartina alteniflora)
grows or is capable of being grown], or.lands lying beneath tida
waters, which at mean Iow tide, are covered by tidal wa~ers to
a maximum deotta offive (5) feet; includinq, but no~ limited
(2]
to banks, bogs,.salt marsh, .swamps, meadows, flats or other
low l¥in~ lands subiect to tidal action; and/or
'All banks, bogs,, meadows, flats and tidai marsh subiect to such
tides, and upon which grows or may grow some or any of the
following: salt hay, black grass, saltworts, sea lavender, tall
cordgrass, high bush. cattails, groundsel, marsh mallow, and
Iow marsh cordgrass; and
(3} All land immediately adjacent to a tidal wetland as.~lefined in
Section 97-13A[2) and lyin'g within seventy-five [75) feet landward
6f~the most landward edge of such a tidal wetland.
B. Freshwater Wetlands.
[1) Freshwater wetlands :;as defined in Article 24,;Title 1, Section
2q-0107, Subdivisions i(a) to l[d) inclusive, Of the Environmental
Gonservation Law of the State of New York [.]; and
All land imrhediately adia'cent to a freshwater/wetland,7 as defiL'led
in Section 97-.13'B(.1}, ~n~t lying within ~eventy-fi~e (75) feet;
landward of the most la, ndward edge of a freshwater wetland'.
111. Section 97-20 (Permit required) thereof is hereby amended to read
folIows;
IV.
Vl.
A. Permit required
Notwithstanding any prior course of conduct or permission gra~)l
no person shall conduct operations on any wetlands in the Town
Southold unless he shall first obtain a written permit therefor issued
by authority of the Trustees as hereinafter provided, and only while' ~
such perm t remains ,n effect ...... , : ~;:.~:/j¢'~..
B. Notwithstanding the provisions of subdivision A of this section,
Trustees ma , b reso ut on, ,waive. the requirement- of a permit
resoect to ands mined ately adiacent to wetlands, as defined in section-.
97-'13A(3) and/or section 97-13B(2), if-the Trustees find and determine
that no operauonsare proposed on such lands, 'or that ~heoperations'propos
{hereon comply with ~he standards set fei°th n'Section 97-28 ~'f this chap{~
Subdivision C of section 97-24 thereof (Action on'Application) is hereby.""?:~;;i ,?
amended to read as follows: ' ' "-""~¢~"
C. Action. [Within thirty (30) days after] after the public hearing ~, ~
o.n such application, the Trustees shall eit~ adopt a resolution "
directing the issuance of a permit or adopt a resolution denying
the application therefor. A resolution directing the issuance of
a pe'rmit may be adopted only if. the Trustees find that the ~ ~:.,.~'-:-
proposed operations will conform to the standards set forth in
section 97-28 hereof. If the Trustees adopt a resolution denying'
an application for a permit, the reasons for such denial shall be
set forth in such resolution. [in the event that the Trustees
shall fail to act on such application within the time prescribed:., -
herein, such application shalt be deemed to have been approved
and the Clerk shall issue a permit authorizing the operations ..;
.... applied for,] . .
Section 97-30 thereof [Enforcing Officer) is hereby amended to read as ,,,:,:[. ~ "~
follows:
It shall be the duty of the [Building Inspector] Bay Constables (hereinafter ~
referred to as the' "Bay Constable" to administer and enforce the provisions
of this Chapter. · :'
Subdivisions A, D and E of section 97-31 thereof [Notice of Violation) are
amended to 't;'ead as follows:' ' ' . ....
Section 97-31. Notice of Violation - . .-"':'
grounds to believe that operations regulated hereby are being
conducted in violat~0n-of the provisions of this chapter or not in
compliance with a permit issued pursuant to this chapters he may
notify the owner of the property, or the owner's agent or the person
performing such operations, to suspend all operations, and any such
person shall forthwith cease operations until such notice of violation
has been rescinded.
D. The [Building Inspector] Bay Constable may extend the time of
compliance specified in the notice of ~;]61ation where there is evidence
of intent to comply within the time specified and conditions exist whlch
prevent immediate compliance.
In the event that the person upon whom a notice of violation has been
served shall fail to comply with said notice within the time specified
therein or within the time specified in any extension of time issued
by the [Building Inspector] Bay Constable, any permit issued to sucl?;
person pursuant to this chapter shall be deemed revoked.
Vll. Subdivision A of Section 97-33 thereof (Penalties for offenses) is hereby
amended to read as follows:
Section 97-33. Penalties for offenses.
Vlll.This
For each offense against any of the provisio~s of this chapter or any
regulations made pursuant thereto, or failure to comply with a written
notice or order of any [Building Inspector] Bay Constable within the
time fixed for compliance therewith, the owner, occupant, builder,
-architect, contractor or their agents or any other person who commits,
takes part or assists in the commission of any such offense or who
shall fail to comply with a written order or notice of any [Building
Inspector] Bay Constable shall, 'upon a first conviction thereof, be
guilty of a'violation punishable by a fine of not exceeding five hundred.
dollars ($500,) or imprisonment for a period not to exceed fifteert {15)
days, or both. Each day on which such violation shall occur.shall .
con~titute'a separate, additional offense. For a second and subsequent
convictfon within eighteen (18) months thereafter, such person shall '.
be guilty of a violation punishable by a fine not exceeding one thousand
five hundred dollars ($1,500.) or imprisonment'for a period not to
exceed fifteen (15) days, or both such fine and imprisonment.
Local Law shall take effect upon its filing with the Secretary of State.
of the
on ...... .M...a..[ .c. _h.., ,2...6, t. .................... ].9 ~.5.:...
(C,m,ph.t,~ the c,.rti£ication iu th,'. paragral~h whirl, aplii:i~S [o [I,a filing u~ [hi~ local law and strikeout
matter ther,.in ~'hieh i~ not applicabh~.) ....~;
(l"iual adoption by h,ml legislatiw~ body o,ly.)
I horeby certify that the lo,col taw annexed hereto, desiguated as local law No ....... .~.........mf
C;ci of. Southold was du~y passed by the .........
Town ................................... - (Name of Leglillflve Body)-
h~ acco~ance with the applied'bio provis~ons of law.
(Passage hy local legislative hody with approval or no disapproval by El'eetive Chie~ Executive OffiCer
or repassage afto~ disapproval.) .~
I hereby certify that the local law annexed hereto, desi~mtedaslocal law No;
County
of the Town of ...................................... was duly passed by ~e ................................................................................. ~'-~
Village
no~ disapproved ' '
on ................................................ ~9 ........ and was approved by the ................................ ~ ......................
repassed after disapproval El~ctlv~
and was deemed duly adopted.oh'S'. ...................................................... 19 ........ , in accordance wkh the apF
provis~ons of law.
3. l%\~Fi,,al ad.pti,,, by refereodum.)
I herebyeertify that the local law annexed hereto, designatedas local law No ................... of 19 ........
County
of the City of ...................................... was duly passed by the
Towll ................................................................................... (N&mc of Logiul.&/vo Body) :'" i:
not dlsappmved
on ................................................... 19 ........ and was approved by the ............................................................ '..~
repassed after disapproval Erectly. Chief
on ...................................................................... 19. ........ Such local law was submitted to the people by reason of a
mandato~
permissiw' referendum, and received the affirmative vote of ~ majority of the ~alified electors voting
geueral
themoa at the special election held on ...................................................... 19 ......... in accordance with the appli-
annual
cable provisions of law.
(Subject to permissive referenda're,and final adoption because no valid petition filed requesting
referendum.) ':'
I hereby certify that the local law anndxed hemto~ desi~ated aa l~al law No ................... of
County
City
of the Town of ...................................... was duty passed by the ............................................................................
(N~m~ of L~i~l~tivo Body)
Village
not disappmved
...................................................... 19 ........ and wan approved by the ......................................................... on
repassed after diaal)proval ~l~cti*e 13U.I
............................................................ 19 ......... Such local law being subject to a pcrmiaaiva referendum and
valid pol~litm rcqt.,sting suel~ referendum having been filed, said local law was deemed duly adopted
...................................................................... 19 ........ , in accordance with the a~plicable provisions of law.
*Elective Chief Executive Officer mean~ or includ~ tho ~ ea~utive officer of a county elm:ted on a coonty.wid~
or, if there be none, the chairman of the county l~gi~ative body, the mayor of a city or v~JJage or the supervisor of a town.
where such officer hs vested with power to approve or veto local law or ordinances ....
Page 2 "
local
law
No
I hcreb5 c:t,rtit'~ rna; tlw h~ ;,I ~ m ,.;;n,'~m hm'e~a, deMgnated as .....................
el tho City et' ........................................................................ ha x ing haen submittml to referendum purauant to ~he
36 o; ~;~ .,,aa.: ,.,1 t l,,me ]lule Law, a.d !,eying r~ceived the affirmative vote ~f a maioHt~_
provisions or
special '
of the quMi~ied electors of such city ;'otiag thereon at the general election held on ..................................
................ ~9 became Operative. ': .... :..~
6. (County local law concerning adoption of Charter.} .,..,
I hereby certify that thc local ktw annexed hereto, designated as Lo&l Law No .... J..of 19 ...... of
County o[ ......................................... Stute of New York, having been submitted to tho Electo~ at
General Election o~ November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 3g of th~ Muni-
cipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electo~ of th0
cities of said county as a unit and of a majority of the qualified elector~ o~ the towns of said
considered as a unit voting at said general election, became operative. "~ j
(If any other authorized form o~ fiaal adoptioa has been [ollowod, plea~o pr*~ido an
certirication. I '"'"
~ I further certify that I'have compared the p~ceding local law with the original on file in this office
and that the same ia a comeet transcript therefrom and o~ the whole of such original local la~, aad w~s
finally adopted in the manner indicated in paragraph ......... 1 ................. a~ve.
- .' .' - -::: ~WEP."¢ ~.
~k of ~e Coun~ l,~sl~ave ~dy, City,/o~V~e ~tk o~
Bate: March 26, 1~85 Judith T, Terry, Town Clerk
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel. Town Attorney, Village Attorne
or other authorized Attorney of loeali.ty.)
STATE OF NEW YORK
COUNTY OF ....$..U...F...F...Q...L..K... ..........................
I, the undersigned, hereby certit'y that the foregoing local law contains the correct text and that all
prop~r prokbeklings have been had or taken for the ena.ctment of the local law annexed hereto.
Date: March 26, 1985 ...........
Robert W. Ta~ker, Town Attorney
TIII¢
z-, .... 'ii '-
of....s...o..u...t,b...o. Lq. ......................................... ; '-':
Town.
Page
PUBliC HEARING
SOUTHOLD TOWN BOARD
MARCH 26, 1985
3:35 P.M.
IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW TO AMEND
THE TOWN WETLANDS ORDINANCE IN RELATION TO DEFINITIONS, ADMINISTRATION,
ENFORCEMENT AND ACTION ON APPLICATIONS."
Present:
Supervisor Francis J. Murphy
Councilman Joseph I_. Townsend, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: This a hearing on a proposed Local Law on amendments to
the Town's Wetlands Ordinance~ to be read by Councilman Townsend.
COUNCILMAN TOWNSEND: "Public Notice is hereby given that there has been
presented to the Town Board of the Town of Southold, Suffolk County, New York,
on the 12th day of March, 1985, a Local law entitled, "A Local Law to amend the Town
Wetlands Ordinance in relation to definitions, administration, enforcement and action
on applications." Thereafter follows a long Local Law which I will ask the reading
to be waived. (No objection.) I'll try to summarize the differences at any rate.
Basically the changes have to do with two areas. It changes the definition of Wet-
lands from what was lands upon which certain vegetation could grow to lands having
a proximity to open water and then a general description of vegetation and it also
includes all lands lying 75 feet upland of those areas. Basically that was not in
there before; that 75 foot buffer zone was not in there before. It also changes the
enforcing officer from the Town Building Inspector to the Bay Constable. As you
know the wetlands are now being handled by the Town Trustees and they requested
these changes. The one thing that I should note is that there will be a slight change
in this thing from what was published. Originally when it was set up we noticed
that there was--I don't know if you call it a tautology or not. When I was reading
through I saw that there was a phrase that said; "all upland areas 75 feet upland
of wetlands would be wetlands," and so it's sort of difficult--if that 75 foot area
was wetlands then maybe the next 75 foot area would be considered wetlands and
then the next 75 foot, because the way it was written was a little unclear. That
was corrected in the saltwater wetlands aspect of this thing but was not corrected
in the freshwater wetlands description in the proposed law, but I conferred with
the Town Attorney and it's determined that's not a substantive change so that we
are going to make a change referring to wetlands as described in the previous
paragraph, which is being adjacent to areas that are five foot, that have a tidal
flow and beach and so forth. If that's all confusing, l'm sorry but I think it's
Page 2 - Public H~ ing
Local Law - Amend Wetlands Ordinance
important to mention that it will not be passed exactly as it appeared in the paper.
We have proof of publication from The Long Island Traveler-Watchman and
from The Suffolk Times. We have notification that it was published on the Town
Clerk's Bulletin Board by Judy Terry.
We have a letter from the League of Women Voters in support of the Local
Law.
SUPERVISOR MURPHY:
and the interpretation.
this Local Law?
Thank you, Joseph. You've heard the official reading
Is there anyone here would like to speak on behalf of
MRS. RUTH OLIVA, President, North Fork Environmental Council: We'd just like
to say we fully support these changes to the Wetlands Law.
SUPERVISOR MURPHY: Thank you. Anyone else like to comment? I see our two
Trustees, Henry and Frank.
TOWN TRUSTEE FRANK KUJAWSKI: We have to be in favor of it, we designed it.
SUPERVISOR MURPHY: Anyone else like to speak in favor? (No response.) Anyone
like to speak in opposition to this proposed Local Law? (No response.) Anyone like
to make any comments at all? (No response.) Okay, at this time I'll close the hearing.
Judith T. Terry ~
Southold Town Clerk
. LEGAL NOTICE
NOTICE OF PUBLIC
HEARING ON LOCAL LAW
PUBLIC NOTICE is hereby
Torn of Seuthold, Su~olk
County, New York, on the 12th
day of March, 1985, a Local Law
entitled, "A Lin:al Law to Mnend
tbe Town Wetlands Ordinauce in
trathm, enforcement and action
on applkations,~ which reads ss
follows, to wit:
BE IT ENACTED by the Town
Board of the Town of Southold,
as follows:
Clmpter 9Y of the Seuthold
Town Code 5Vetlands) is h~rchy
by [brackets]}
I. The term ~l~i~d~l Waters' m~t
forth in Section 9%13 thereof
(Definitions) is hereby mended
to read as follows:
TIDAL WATERS - All water~.
bord~in~ o~ o~ within the boun-
daries o~ the Town of Seuthold
tidal actions, and inch~in_% but
not limited to all brackish and
salt waters of streams, ponds,
F(n~h in Section 9%19 theFeof
(Defiuit~on.) is hereb~ amended
WETLANDS:
A. ~ W(~lm~4m.
(1) All' !~.;h L~neFall7
veFed oF ~ covered
water~,. [and upon. which salt
and/or cord grass (Spartina a]-
teniflora) grows or is capable of
being grown], or lands lying be-
neath tidal waters~ which at
mean low tide, are covered by
tidal waters to a maximum depth
of five (5) feet; including, but not
limited to banks, begs~ salt
marsh, swamps, meadows, fiats
or other low lying lands subject
to tidal action~ and/or
(2) All banks, bogs,
meadows, fiats and tidal marsh
subject to such tides, and upon
which grows or may grow some
or any of the fo lowing: salt hay~
black grass, sa]tworts, sea laven-
der, tall cordgrass~ high bush,
cattails, groundsel, marsh mai-
low, and low marsh cordgrass;
an~d
(3) All land immediately ad-
jacent to a tidal wetland as de-
fined in Section 97-13A(2) and
lying within seventy-five (75)
feet landward of the most land-
ward edge of such a tidal wet-
land.
(b) Freshwater Wetlands.
(1) Freshwater wetlands as
defined in Article 24, Title 1, Sec-
lion 24-0107, Subdivisions l(a) to
l(d) inclusive, of the Environ-
mental Conservation Law of the
State of New York [.]; and
(2) All land immediately ad-
jacent to a freshwater wetland
and lying within seventy-five
(75) feet landward of the most
landward edge of a freshwater
wetland.
IlL Section 97-20 (Permit re-
quired) thereof is hereby
amended to read as follows:
A. Permit ~quired
Notwithstanding any prior
course of conduct or permission
granted, no person shall conduct
operations on any wetlands in
the Town of Seuthold unless he
shall first obtain a written per-
mit therefor issued by authority
of the Trustees as hereinafter
provided, and only while such
permit remains in effect.
B. Notwithstanding the provi-
sions of subdivision A of this sec-
tion, the Trustees may, by resol-
ution, waive the requirement of
a permit with respect to lands
immediately adjacent to wet-
lan~d~, q_s defined in section 97-
13A(3) and/or section 97-13B(2),
if the Trustees find and deter-
mine that no oporations are prop-
osed on such lands, or that the
operations proposed thereon
comply wtih the standards set
forth in Section 97-28 of this
chapter.
IV. Subdiv/sion C of section
97-24 thereof(Action on Applica-
tion) is hereby amended to read
as follows:
C. Action. [Within thirty (30)
days after] after the public hear-
lng on such application, the Trus-
toes shall either adopt a resolu-
tion directing the issuance of a
permit or adopt a resolution de-
nying the application therefor. A
resolution directing the issuance
of a permit may be adopted only
if the Trustees find that the prop-
osed operations will conform to
the standards set forth in section
97-28 hereof. If the Trustees
adopt a resolution denying an ap-
plication for a permit, the
reasons for such denial shall be
set forth in such resolution, lin
the event that the Trustees shall
fail to act on such application
within the time prescribed he-
rein, such application shall be
deemed to have been approved
and the Clerk shall issue a per-
mit authorizing the operations
applied for.]
V. Section 97-30 thereof (En-
forcing Officer) is hereby
amended to read as follows:
Section 97-30 -- Enforcing of-
ricer
It shall be the duty of the
[Building Inspector] Bay Consta-
bles (hereinafter referred to az
the "Bay Constable" to adminis-
ter and enforce the provisions of
this Chapter.
,¥I.~ Subdivisio~s: ~, ~D and'E ot¢:'
Legal Notices
section 97-31 thereof (Notice of
Violation) are amended to read
a~ follows:
Section 97-31. Notice of Viola-
lion
A. Whenever the [Building In-
specter] Bay Constable has
re~sonable grounds te believe
that operations regulated hereby
are being conducted in violation
of the provisions of this chapter
or not in compliance with a per-
mit issued pursuant to this chap-
ter, he may notify the owner of
the property, or the owner's
agent or the person performing
such operations, to suspend all
operations, and any such person
shall forthwith cease operations
until such notice of violation has
been rescinded.
D. The [Building Inspector]
Bay Constable may extend the
time of compliance specified in
the notice of violation where
ther~ is evidence of intent to com-
ply within the time specified and
conditions exist which prevent
immediate compliance.
E. In the event that the person
upon whom a notice of violation
has been served shall fail to eom-
ply with said notice within the
time sl~eified therein or within
the time specified in any exten-
sion of time issued by the [Build-
ing Inspector} ~ Constable,
any permit issued to such person
pursuant to this chapter shall be
deemed revoked.
VII. Subdivision A of Section
97-33 thereof (Penalties for of-
lenses) is hereby amended to
read as follows:
Section 97-33. Penalties for of-
A. For each offense against
any of the provisions of this chap-
ter or any regulations made pur-
suant thereto, or failure to com-
ply with a written notice or order
of any [Building Inspector] ~
Constable within the time fixed
for corapliance therewith, the
owner, occupant, builder, ar-
chi/~et; contractor or their
agents or any other person who
commits, takes part or assists in
the commission of any such of-
lense or who shall fail to comply
with a written order or notice of
any [Building Inspector] ~
Constable shall, upon a first con-
viction thereof, be guilty ora vio-
lation punishable by a fine of not
exceeding five hundred dollars
($500.) or imprisonment for a
period not to exceed fifteen (15)
days, or both. Each day on which
such violation shall occur shall
constitute a separate, additional
offense. For a second and sub
seq~uent conviction within eigh-
teen (18) months thereafter,
such person shall be guilty of a
violation punishable by a fine not
exceeding one thousand five
hundred dollars ($1,500.) or ira-
prisonment for a period not to ex-
ceed fifteen (15) days, or both
such fine and imprisonment.
VIII. This Local Law shall
take effect upon its filing with
the Secretary of State.
Copies of said Local Law are
available in the Office of the
Town Clerk to any interested
persons during business hours.
NOTICE IS FURTHER
GIVEN that the Town Board of
the Town of Seuthold will hold a
public hearing on the aforesaid
Local Law at the Seuthold Town
Hall, Main Road, Seuthold, New
York, on the 26th day of March,
1985, at 3:35 o'clock P.M., at
which time all interested persons
will be heard.
DATED: March 12, 1985.
JUDITH T. TERRY
SOUTHOLD
TOWN CLERK
1TM21-4830
STATE OF NEW YORK
) 88:
COUNTy OF 8UFFOLK )
__ ~ _~A~.~T~T¢.~.~ ~ of Greenport, in
saFd County, being duJy SWorn, says that he/she is
Principal Clerk of THE 8UFFOLK TIMEs, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of SUffolk and State of New
York, and that the Notice of which the annexed is
· printed copy, has been regularly published in
said Newspaper once each week fOrot~- __
weeks successively. COmmencing on the2_1_____-
day of~_A~7_~
--------------_ 19J~_
Principal Clrerk
SWorn to before me this ~
d~,.~f~ ~ 1~9~ ANN M. ABATE
Center
DRK 11901
LEGAL NOTICE
NOTICE OF PUBLIC
HEARING ON LOCAL LAW
PUBLIC NOTICE is hereby
given that there has been
presented to the Town Board
of the Town of Southold,
Suffolk County, New York, on
the 12th day of March, 1985, a
Local Law entitled, "A Local
Law to amend the Town Wet-
lands Ordinance in relations to
definitions, administration,
enforcement and action on
applications," which reads as
follows, to wit:
BE IT ENACTED by the
Town 'Board of the Town of
Southold, as follows:
Chapter 97 of the Southold
Town Code (Wetlands) is
hereby amended as follows:
(additions indicated in bold;
deletions by [bracketsl).
I. The term "Tidal Waters"
set forth in Section 97-13
thereof (Definitions) is hereby
amended to read as follows:
TIDAL WATERS -- All
waters bordering on or~ witl)i$
~ l~ounda~e~s~ 9f.~h~,,T. lo, V~, g q.f,
~a~u~hold subject to fl~ctuation
in depth from peak lunar,
storm or normal tidal action,
and including, but not limited
to all brackish and salt waters
of streams, ponds, creeks,
estuaries, bays, sounds and
inlets.
II. The term "Wetlands"
set forth in Section 97-13
thereof (Definitions) is hereby
amended to read as follows:
WETLANDS:
A. Tidal Wethmds.
(1) All lands generally cover-
ed or intermittenly covered
with, or which border on tidal
waters, [and upon which salt
meadow grass (Spartina pa-
tens) and/qr cord grass (Spar-
tins alteniflora).grows or is
capable of being grown], or
lands lying boneath tldel wa-
tom, which at mean Iow tide,
are covered by tidal waters to a
max-lmum depth of five (S)
feet; including, but not Rmlted
to banks, bogs, salt marsh,
swamps, meadows, fiats or
other Iow lying lands subject to
tidal ~tion; and/or
(2) All banks, bogs, mea-
dows, fiats and tidal marsh
subject to such tides, and upon
which grows or may grow
some or any of the followhg:
s~dt hay, black grass, isalt-
worts, sea lavender, tall cerd-
grass, high bush, cattails,
greandsel, marsh mallow, and
Iow mm'ah cordgrsos; and
(3) AH land Immediately
adjacent to a thin] wetland so
defined in Section 97-13A(2)
and lying within seventy.five
(75) feet landward of the most
landward edge of such a tidal
wetland.
(b) Freshwater Wetlands.
(1) Freshwater wetlands as
defined in Article 24, Title 1,
Section 24-0107, Subdivisions
l(a) to l(d) inclusive, of the
Environmental Conservation
La~w of the State of New York
(.1; and
(2) All land Immadintoly
adjacent to a freehwnter wet-
land and lying within soventy-
five (75) feet hmdward of the
most iondwfud edge of a
freshwater wetland.
II1. Section 97-20 (Permit
required) thereof is hereby
amended to read as follows:
A. Permit required
Notwithstanding any prior
course of conduct or permis-
sion granted, no person shall
conduct operations on any
wetlands in the Town of
Southold unless he shall first
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold,,in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for .................. .,/. ....... weeks
successively, commencing on the ......... .'?./. ~ ......
Sworn to before me this ......... .'?./....'~.. ....day of
.....· .~. ~..~: .~. ........ ,19...flC
dram a ~dMo pored lba~? Notary Public
for'lssue~ ~' sai~qty o~ the
Trustees as hereinafter pro-
vided, and only while such
permit remains in effect.
B. Notwlthsma, d~_~ thn
~i~m, b ~ my, by
~u~m, wdve b ~quh~-
me~ o[ u probit with rsqmet
te lauds Immadlmdy adJaeem
eeelion 97-13A(3) and/or see-
tlon 97-15B(2), If the Trustees
find and detennbse flint no
upor~ona m ~ m
Iv. Subdivision C of section
97-24 thereof (Action on Appli-
cation) is hereby amended to
read as follows:
C, Action. [Within thirty
(30) d~ys after] s~et the public
hearing on such application,
the Trustees shall either adopt
n resolution directing the
issuance of a permit or adopt n
reolution denying the applica-
tion therefor. A resolution
directing the msuunce of a
permit may be adopted only if
the Trustees find tbet the
proposed operations will con-
form to the st~ndard~ set forth
in nn application for a permit,
the reasons' for such denial
sbell be set forth in such
resolution. (In the event that
the Trustees shall fail to net on
such application within the
time prescribed herein, such
application shall be deemed to
Imve been opproved nnd the
Clerk shall issue a permit
authorizing the operations ap-
plied for.]
V. Section 97-30 thereof
(Enforcing Officer) is hereby
amended to read as follows:
Section 97-30- Enforcing Of-
ricer.
It shall be the duty of the
[Building Inspecto] Bay C4m-
a~don (l~reina~ reamed.in
sm the Bay C~ms~bio" to
?.dminister add enforce the
provisions' of this Chapter,
VI. Subdivisions A, D and E
of section 97-31 thereof (Notice
of Violation) nrc amended to
rend as follows:
Section 97-31. Notice of
Violation.
BARBARA FORBES
rotary Public, State of New York
No. 48~846
Qualified in Suffolk County
~mmission Expires March
A. Whenever the [Building
Inspector] hy C~ has
?nso.nble
~at opergtlOn~'
~ ~tereby ar~ being, conducted in
' ~olafion ~ the p~sions
· ~ c~pter or nol in com-
pl~n~ with a ~it issued
pursuant to this c~pter, be
may not~ the ~ner ~ ~e
prope~, or ~e ~ner's agent
or ~e ~rson peff~g such
~rations. to sus~nd aH
o~rations, and any such
~rson shall lo,with ~ase
o~rafions un~ such n~
~o~tion h~ been resoind~.
D. ~e [BuBdthg Ins~r]
~y ~ may ex,nd
time ~ compl~nce sp~d
the notice ~ violin whe~
th~ is e~den~ ~ intent to
~mply with~ ~e time spec-
fled and ~nditi~ exist which
p~vem immed~te ~mpli-
ance,
E. In the event ~t the
~on upon whom a notice
v~tion has b~n se~ed s~
fa~ to ~mply with ~id aofl~
~thin the time s~ed-
tbe~in or within the ~me
speared in any extension
time issued by ~e (Budding
Ins~or] ~y ~,'any
~it ~sued to such person
pu~uant to ~is chapter shall
be d~med revoke.
VH. Subdi~sion A ~ Se~on
97-33 the~ ~enalfies for
offe~es) is he.by amended
zo read as foll~s:
Section 97-33. Penalties for
~enses.
A. For each offense a~alnsi
any ~ the p~sions ~ this
chapter or any .~htions
made pursuant the~, or
failure to. comply with a
w~en notice or order ~ any
[Building Ins~]
s~ within the time fixed f~
~mpl~n~ tbe~wi~, the
~ner, ~pant, b~ilder, ar-
chit~t, ~ntr~or or ~eir
agen~ or any other person
who commits, t~es pa~ or
assis~ in the commission
any such ~ense or who shall
fail to comply with a wH~en
order or noti~ of any (Budd-
ing Inspector] ~y
shall, upon a first convi~ion
thereof, be guilty of a viola-
tion punishable by a fine of not
exceeding five hundred dol-
lars ($500.) or imprisonment
for a period not ~o exceed
fifteen (15) days, or both, Each
day on which such violations
shall occur shall constitute a
separate, ad~litional offense~
For a second and subsequent
~conviction within eighteen (18)
five hundred dollm (SI,S00.)
or imprisonment for a period
not m exceed fifteen (15) days,
or both such fine and impris-.
VIII. This ~ Law shall
take effect upon its filing with
the Secretary of State.
Copies of said Local Law are
uvalinble in the Ofiee of the
Town Clerk m any interested
persons during business
hoars.
NOTICE IS FURTHER GIV-
EN that the Town Board of the
Town of Southold will hold
public hearing on the afore-
~id Local Law at the Sonthold
Town Hall. Main Ro~d, South-
old, New York. on the 261h
of March. 198~, at 3:3~ o'clock
P.M., at which time all inter-
eared persons will be heard.
DATED: Match 12, 1985.
'JUDITH T. TERRY
SOUTHOI. D TOWN CLERK
1T-3/21/SS(10)