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Home My WebLink About2007 Code Supplement - 04/15/2007GENERAL CODE INSTRUCTIONS Town of Southold Code Supplement No. 3 The enclosed new and/or replacement pages should be placed in your Code volume immedi- ately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code changes, but rather identifies the pages printed with this supplement. This instruction page should be placed in the front of your Code volume. REMOVE INSERT Table of Contents, Table of Contents, iii – vii iii – vii — 68:1– 68:3 96:7 – 96:8 96:7 – 96:8 96:13 – 96:15 96:13 – 96:15 104:1-104:2 104:1– 104:2 139:5 –139:6 139:5 – 139:6 144:1-144:11 144:1– 144:17 157:5 157:5 166:5 166:5 174:3 – 174:4 174:3 – 174:4 205:1 205:1 211:1– 211:2 211:1– 211:2 215:9 – 215:12 215:9 – 215:12 215:29-215:31 215:29-215:31 219:7 – 219:8 219:7 – 219:8 — d 236:1– 236:11 240:61– 240:62 240:61– 240:62 245:1– 245:8 245:1– 245:12 249:1– 249:5 249:1– 249:5 253:5 – 253:6 253:5 – 253:6 — 253:6.1 280:1– 280:2 280:1– 280:2 280:11– 280:14 280:11– 280:14 280:14.1 280:14.1 280:21 – 280:22 280:21 – 280:22 280:37 – 280:38 280:37 – 280:38 — 280:38.1 280:127 – 280:128 280:127 – 280:128 DL: I– DL:2 DL: 1– DL:3 Index Pages 1– 37 Index Pages 1 – 37 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 16-2006; 1- 2007; 2-2007; 3-2007; 4-2007; 5-2007; 6-2007; 7-2007; 8-2007; 9-2007. 04-15-2007 TABLE OF CONTENTS Tools for Finding Information — In addition to the municipality's legislation, this publication contains tools to help locate information: table of contents, index, chapter outlines (schemes), and a disposition list. Chapters — Chapters are generally discrete pieces of legislation, but can also be made up of sev- eral individual pieces on a related topic. In that case, the individual pieces are arranged into arti- cles or parts within the chapter. The article or part titles can be found in the chapter scheme or by subject in the index. If you are familiar with a former number or title, look for it chronologically in the disposition list. Reserved Chapters — In the numbering of chapters, space has been provided for the convenient insertion, alphabetically, of later enactments. Help in selecting an appropriate number for a new chapter is available from the editor. See also the "Instructions for Amending the Code" in the Preface. Section Numbering — A chapter -related section -numbering system is employed. Each section of every item of legislation is assigned a number, which indicates both the number of the chapter in which the item of legislation is located and the location of the section within that chapter. Thus, the fourth section of Chapter 6 is § 6-4. Scheme — The scheme is the list of section titles that precedes the text of each chapter. These ti- tles are carefully written so that, taken together, they may be considered as a summary of the con- tent of the chapter. Taken separately, each describes the content of a particular section. For ease and precision of reference, the scheme titles are repeated as section headings in the text. Page Numbers — A unique page -numbering system has been used in which each chapter forms an autonomous unit. The first page of each chapter is the number of that chapter followed by a colon and the numeral "1." Thus, Chapter 6 begins on page 6:1. By the use of this system, it is possible to add- or to change pages in any chapter, or add new chapters, without affecting the se- quence of subsequent pages. 111 04-15-2007 SOUTHOLD CODE THE CODE PART I: ADMINISTRATIVE LEGISLATION 1. General Provisions................................................................... 1:1 Article I Adoption of Code Article 11 Adoption of Renumbered 2006 Code 5. Appearance Tickets.................................................................. 5:1 9. Assessors.................................................................................. 9:1 . Article I Election Article II Number 13. Committees, Appointment of ................................................. 13:1 17. Community Preservation Fund ............................................... 17:1 Article I Southold Community Preservation Fund Article H Southold Community Preservation Project Plan Article III Community Preservation Fund Advisory Board Article IV Two -Percent Real Estate Transfer Tax 21. Defense and Indemnification.................................................. 21:1 26. Ethics......................................................................................26:1 30. Expenses of Town Officers .................................................... 30:1 34. Housing Fund......................................................................... 34:1 38. Local Laws, Adoption of.......................� .............................. 38:1 42. Officers and Employees......................................................... 42:1 Article I Town Clerk Article II Superintendent of Highways 47. Personnel................................................................................47:1 Article I Grievance Procedures 51. Police Department.................................................................. 51:1 55. Public Hearings, Notice of ..................................................... 55:1 59. Records...................................................................................59:1 Article I Public Access to Records Article II Records Management 1V 04-15-2007 TABLE OF CONTENTS 64. Transportation Access Management ...................................... 64:1 68. Youth Board........................................................................... 68:1 PART II: GENERAL LEGISLATION 70. Agricultural Lands Preservation ............................................. 70:1 75. Alarm Systems....................................................................... 75:1 79. Alcoholic Beverages.............................................................. 79:1 Article I Public Consumption - 83. Animals.................................................................................. 83:1 Article I Ducks Article II Dogs Article III Dog License Fees 88. Bicycles................................................................................. 88:1 92. Bingo and Games of Chance .................................................. 92:1 Article I Bingo Article II Games of Chance 96. Boats, Docks and Wharves ..................................................... 96:1 Article I Obstruction and Use of Town Waters Article II Public Docks Article III Boats Article IV Floating Homes Article V Administration and Enforcement 100. Buildings, Unsafe................................................................. 100:1 104. Burning, Outdoor................................................................. 104:1 111. Coastal Erosion Hazard Areas .............................................. 111:1 117. Development Rights, Transfer of ......................................... 117:1 121. Domestic Partnerships.......................................................... 121:1 126. Electrical Inspections........................................................... 126:1 130. Environmental Quality Review ............................................ 130:1 135. Farm Stands.......................................................................... 135:1 139. Filming................................................................................. 139:1 144. Fire Prevention and Building Code Administration ............. 144:1 v 04-15-2007 SOUTHOLD CODE 148. Flood Damage Prevention .................................................... 148:1 157. Harbor Management ...................... 157:1 Article I Fishers island Harbor Management 161. Highway Specifications ........................................................ 161:1 166. Junkyards ................................................................. ............ 166:1 170. Landmark Preservation ......................................................... 170:1 174. Littering ................................................................................ 174:1 185. Open Space Preservation ...................................................... 185:1 189. Parking ................................................................................. 189:1 Article I Parking at Beaches 193. Parks and Recreation Areas .................................................. 193:1 Article I Use Regulations and Restrictions 197. Peddlers, Solicitors and Transient Retail Merchants............ 197:1 205. Public Entertainment and Special Events ............................. 205:1 211. Salvage Centers ................................. ................................... 211:1 215. Sewers and Sewage Disposal ............................................... 215:1 Part I Scavenger Wastes Part 2 - Sewer Use Part 3 Sewer Rents and Charges 219. Shellfish ................................................................................. 219:1 Article I Catching of Shrimp Article H Taking of Shellfish and Eels 228. Soil Removal ......................................................................... 228:1 233. Solid Waste .......................................................................... 233:1 Article I Garbage, Rubbish and Refuse 235. Stormwater Management ..................................................... 235:1 237. Streets and Sidewalks ........................................................... 237:1 Article I Notification of Defects Article II Street Excavations Article III Snow and Ice Removal Article IV Street Numbering 240. Subdivision of Land ............................................................. 240:1 vi 04-15-2007 TABLE OF CONTENTS 245. Taxation................................................................................245:1 Article I Senior Citizen Exemption Article II Business Investment Exemption Article III Veterans' Exemption Article IV Exemption for Disabled Persons With Limited Income Article V Exemption for Volunteer Fire Fighters and Ambulance Workers Article VI Exemption for War Veterans and Gold Star Parents 249. Tobacco Advertising............................................................ 249:1 253. Tourist and Trailer Camps .................................................... 253:1 Article I General Regulations Article H Recreational Vehicle Parks 260. Vehicles and Traffic............................................................. 260:1 264. Vehicles, Motor -Driven ....................................................... 264:1 Article I Unlicensed Motor -Driven Vehicles Article II Motor -Driven Vehicles 268. Waterfront Consistency Review ........................................... 268:1 275. Wetlands and Shoreline........................................................ 275:1 280. Zoning.................................................................................. 280:1 APPENDIX A290. Police Department Rules and Regulations .........................A290:1 DERIVATION TABLE DISPOSITION LIST INDEX vii 04-15-2007 § 68-1. Legislative intent. § 68-2. Definitions. § 68-3. Youth Bureau created. Chapter 68 YOUTH BOARD § 68-4. Director. § 68-5. Youth Board. [HISTORY: Adopted by the Town Board of the Town of Southold 1-16-2007 by L.L. No. 1-2007. Amendments noted where applicable.] § 68-1. Legislative intent. It is the intent of the Town Board of the Town of Southold in enacting this chapter to promote the positive development of youth through establishing a Youth Bureau. The Youth Bureau will seek to promote and enhance the physical, mental and social well-being of youth in the Town of Southold. Through collaboration and partnerships with youth, parents, schools, libraries, faith -based institutions and agencies that serve youth, the Youth Bureau will foster proactive planning and coordination of services and programs to address the many needs of youth and their families. § 68-2. Definitions. For the purposes of this chapter, the following words and phrases shall be given the meanings indicated herein: YOUTH — Any person under the age of 21. YOUTH SERVICE PROJECT — Any organized activity (other than recreation) directed towards the positive development of youth that is under the auspices of the Town of Southold or any governmental subdivision or agency thereof. § 68-3. Youth Bureau created. There is hereby created the Youth Bureau of the Town of Southold that shall be comprised of a Youth Board (herein referred to as the 'Board") and Director (hereinafter referred to as the 'Director"). The Youth Bureau shall be a division within the Department of Human Services. As an administrative component within the Department, the Youth Bureau will develop a comprehensive needs assessment of local youth with a strategic plan to address those needs. § 68-4. Director. A. The Director shall be the principal officer and administrative head of the Youth Bureau. The Director will report directly to the Town Board. Initially, the position of Director will serve part-time in its capacity to organize efforts to promote positive youth 68:1 04-15-2007 § 68-4 SOUTHOLD CODE § 68-5 development. The Special Projects Coordinator will assume responsibility as Youth Bureau Director. B. Duties of Director. The Director shall be responsible for the administration of the Youth Bureau that will include: scheduling meetings, disseminating minutes, developing and updating the needs assessment and coordinating partnerships to address the needs of youth. The Director will be responsible for establishing a resource directory and providing "user-friendly" information regarding youth services and youth service projects on the Town's Web site. In addition, the Director will prepare the annual budget of the Youth Bureau and provide the Town Board with an annual report of activities associated with the Youth Bureau. § 68-5. Youth Board. A. Composition. The Youth Board shall serve as an advisory body for the Youth Bureau and consist of no less than 13 members and no more than 28 members. Youth Board members will serve without compensation and will be appointed by the Town Board. The Youth Board shall reflect a balance between government and public representation and include a minimum of two youth. Lay citizens shall comprise at least 50% of the Youth Bureau, and membership shall reflect a demographic and geographic diversity within the Town. Lay citizens with a vested or pecuniary interest in youth services or recreation programs shall be ineligible to serve on the Youth Board. B. Powers and duties. (1) The Board shall be an advisory body and shall cooperate with the Director to accomplish the following functions: (a) Facilitate cooperation and partnerships between human service providers, police, schools, faith -based institutions, service clubs, local employment programs, private agencies and recreational programs to better address the needs of youth. (b) Compilation and analysis of data and trends including demographics, incidences of youth crime and delinquency as well as any other factors that impede the positive development of youth. (c) Development of an ongoing comprehensive needs assessment to illustrate existing resources and the unmet needs of youth in the Town of Southold. (d) Research and analysis of grants from federal, state, County and private foundations that may assist to promote positive youth development. (e) Recommendation of educational programs and youth service projects to foster youth development. (f) Formulation and adoption of rules and bylaws governing the activities of the Youth Board. 68:2 04-15-2007 § 68-5 YOUTH BOARD § 68-5 (g) Compliance with all laws and regulations adopted by the State of New York with reference to the advancement of youth, including but not limited to the "Youth Commission Law" of the Executive Law' and the General Municipal Law of New York. (2) The Youth Board shall meet a minimum of once a month. C. Terms of appointment. (1) One-half of the total number of Youth Board members first appointed by the Town Board shall be appointed for a term of one year from the date of their appointments. The remaining half of the total number shall be appointed for a term of two years. (2) Successors to Youth Board positions shall be appointed for a term of two years afterAe expiration of their predecessors. (3) No member may continue to serve on the Youth Board beyond the expiration' of his/her term unless reappointed by the Town Board. D. Removal of Youth Board members. (1) The Town Board may remove members of the Youth Board for cause. (2) Any Youth Board member who is absent from. three consecutive scheduled Youth Board meetings, without previously advising the Director of his/her intended absence, shall be removed from the Youth Board. 1. See Article 19-A of the Executive Law. 68:3 04-15-2007 § 96-14 BOATS, DOCKS AND WHARVES § 96-15 (1) Direct the operator to proceed to a dock or anchorage. (2) Suspend further use of the boat until the condition is corrected. § 96-15. Operators. [Added 5-19-1987 by L.L. No. 5-1987; amended 4-6-1993 by L.L. No. 4-1993] A. No person under the age of 18 years shall operate a mechanically propelled vessel unless: (1) The operator who is under the age of 18 years is accompanied therein by a person who is 18 years of age or older; or (2) The operator is 10 years of age or older and is the holder of a boating safety certificate issued to him by the Commissioner of the Office of Parks and Recreation of the State of New York, pursuant to § 78 of the New York State Navigation Law. - B. The failure of a person specified in §96-15A(2) hereof to exhibit a boating safety certificate upon demand to any peace officer or other officer having authority to enforce the provisions of this chapter shall be presumptive evidence that such person is not the holder of such certificate. C. No person who is the owner of a motorboat shall knowingly authorize or permit the operation thereof unless: (1) The operator is 18 years of age or older; (2) The operator, who is under the age of 18 is accompanied therein by a person 18 years or older; or (3) The operator is 10 years of age or older and is the holder of a boating safety certificate issued to him by the Commissioner of the Office of Parks and Recreation of the State of New York. D. No person shall operate a vessel while in an intoxicated condition or while his ability to operate such a vessel is impaired by the consumption of alcohol or by the use of a drug. E. All commercial jet ski or commercial windsurfing operators shall provide a patrol boat (other than a jet ski or windsurfer) which must be operational and manned at all times for the purpose of controlling their clientele. F. All commercial jet ski and windsurfer operators shall require their clientele to wear United States Coast Guard approved personal flotation devices of Type I, II or III. G. Small sailboats, commonly known as "windsurfers," are prohibited in the following areas: (1) Within 500 feet of Mattituck Inlet. (2) Within 100 feet of swimlines. 96:7 04-15-2007 § 96-16 SOUTHOLD CODE § 96-16 § 96-16. Regulation of personal watercraft and specialty prop -craft. [Added 4-6-1993 by L.L. No. 4-1993] A. No person shall operate a personal watercraft or a specialty prop -craft unless each person riding on or towed behind such vessel is wearing an offshore life jacket (Type I, II, ]II or V) approved by the United States Coast Guard. B. No person shall operate a personal watercraft or a specialty prop -craft unless such vessel is equipped and fitted with a United States Coast Guard approved device for arresting carburetor backfire. C. No person shall operate a personal watercraft or a specialty prop -craft unless such vessel is equipped with at least two ventilators fitted with cowls or their equivalent for the purpose of properly and efficiently ventilating the bilges of every engine and fuel tank compartment in order to remove any inflammable or explosive gases; provided, however, that if the vessel is so ' constructed as to have a greater portion of the bilges under the engine and fuel tanks open and exposed to the natural atmosphere at all times, such vessel need not be required to be fitted with such ventilators. D. Any person operating a personal watercraft or a specialty prop -craft equipped by the manufacturer with a lanyard -type engine cutoff switch shall attach such lanyard to his or her. person, clothing or personal flotation device as is appropriate for the specific vessel. E. No person shall operate a personal watercraft or a specialty prop -craft at any time between the hours from 1/2 hour after sunset to 1/2 hour before sunrise. F. No person shall operate a personal watercraft or a specialty prop -craft within 500 feet of any designated bathing area, except in bodies of water where the opposing shoreline is less than 500 feet from such designated area and in accordance with speed regulations and restrictions as provided by local law or ordinance, but in no event at a speed in excess of 10 miles per hour; provided, however, that nothing contained in this subsection shall be construed to prohibit the launching of such vessel from designated launching areas or sites. G. Every personal watercraft and specialty prop -craft shall at all times be operated in a reasonable and prudent manner. Maneuvers 'which unreasonably or unnecessarily endanger life, limb or property, including, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to such other vessel or when visibility around such other vessel is obstructed, and swerving at the last possible moment to avoid collision, shall constitute reckless operation of a vessel. H. The provisions of this section shall not apply to any performer engaged in a professional exhibition or any person preparing to participate or participating in a regatta, race, marine parade, tournament or exhibition authorized under § 96-18 of this chapter. I. All persons operating a personal watercraft or a specialty prop -craft must comply with all applicable provisions of New York State Navigation Law § 49. [Added 1-16-2007 by L.L. No. 3-20071 96:8 04-15-2007 § 96-27 BOATS, DOCKS AND WHARVES § 96-31 PERSON — Any individual, corporation, copartnership, association, society or any other combination of individuals. TOWN WATERS — All tidal waters bordering on or within the Town of Southold, including but not limited to bays, sounds, creeks, estuaries, inlets and all tributaries thereof, and extending seaward to a point 100 feet from the mean high-water line. § 96-28. Prohibited acts. A. No person shall place, moor, dock, use or occupy or permit or assist in the placing, mooring, docking, use or occupancy of a floating home in or on Town waters. B. No person shall place, moor, dock or store or permit or assist in the placing, mooring, docking or storing of a floating home in a marina in the Town of Southold. C. No person shall operate or cause to be operated a floating home marina or rent or hold out for rent or sell or offer to sell any site, berth or space for the accommodation of a floating home in the Town of Southold. § 96-29. Severability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the litigation in which such judgment shall have been rendered. ARTICLE V Administration and Enforcement [Adopted 6-23-1981 by L.L. No. 3-1981] § 96-30. Enforcing officer. It shall be the duty of the Bay Constable and his deputies and assistants to administer and enforce the provisions of this chapter. § 96-31. Notice of violation. A. Whenever the Bay Constable has reasonable grounds to believe that operations regulated hereby are being 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 performing such operations to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice shall also inform the person to whom it 96:13 " 04-15-2007 § 96-31 SOUTHOLD CODE § 96-33 is directed of his right -to apply for a hearing before the Board of Trustees of the Town of Southold, as hereinafter provided. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified . mail to his last known address. D. The 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. E. 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 Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 96-31C to fail to comply with such notice. [Added 3-22-1988 by L.L. No. 3-1988] § 96-32. Hearing. A. Any person affected by a notice of violation issued pursuant to the preceding section hereof may request and shall be granted a hearing before the Board of Trustees, provided that such person shall file a written request therefor with the Town Clerk within 10 days after service of the notice of violation. Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. - B. The Town Clerk shall present such request to the Board of Trustees at its next regular meeting. The Board of Trustees shall set a time and place for such hearing and shall give the person requesting the same at least five days' notice of the time and place thereof. C. At such hearing, the person requesting the same or his representative shall be given an opportunity to show cause why such notice of violation should be modified or rescinded. After such hearing, the Board of Trustees may sustain, modify or rescind such notice of violation or revoke any permit previously issued and shall specify the reasons therefor. D. The notice of violation for which a hearing is requested shall continue in effect pending the hearing and determination of the Board of Trustees. § 96-33. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Bay Constable or to conduct any operation in -a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-1988 by L.L. No. 3-1988; amended 1-16-2007 by L.L. No. 3-2007] 96:14 ) 04-15-2007 § 96-33 BOATS, DOCKS AND WHARVES § 96-33 B. For every 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 the 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 the Bay Constable shall, upon conviction thereof, be. guilty of a violation punishable by a fine not to exceed $500 or by imprisonment for a period not to exceed -six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. [Amended 1-16-2007 by L.L. No. 3-20071 C. In addition to the above -provided penalties, the Town. may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. 96:15 04-15-2007 Chapter 104 BURNING, OUTDOOR § 104-1. Issuance of 'fire permits; § 104-3. Supervision of fires. agreement with Fire District. § 104-4. Exclusions. § 104-2. Grass fires; permits. § 104-5. Penalties for offenses. [HISTORY: Adopted by the Town Board of the Town of Southold 5-21-1957. Amendments noted where applicable.] GENERAL REFERENCES Garbage, rubbish and refuse — See Ch. 233, Art. I. § 104-1. Issuance of fire permits; agreement with Fire District. [Added 7-31-1973] A. The Town Board of the Town of Southold is hereby authorized to enter into an agreement with the Board of Commissioners of any fire district now or hereafter established in said Town to provide for the issuance of fire permits for the burning of grass, leaves, brush, rubbish, refuse, buildings or other materials in the fire district in which issued. B. Such agreement shall provide standards or conditions for the issuance of such permits, including but not limited to specification of the exact location of the fire for which the permit is sought and prohibition of fires on streets, highways, sidewalks and other public places where deemed necessary. C. Violation of the conditions attached to any permit issued pursuant to said agreement shall be deemed an offense against this chapter and shall be punished as such.' § 104-2. Grass fires; permits. No person shall set fire to, burn or ignite or cause the firing, burning or ignition of any grass plot or field or any brush on any grass plot or field or any pile of refuse, within the Town without first obtaining a burning permit from the Chief of the Fire Department (or one of his assistants) of the fire district where the burning is to take place, as provided in § 104-1 above. § 104-3. Supervision of fires. [Amended 7-31-1973] Any fire lawfully started shall be constantly 'attended and supervised by an adult and extinguished by 8:00 p.m. No fires shall be started before sunrise. 1. Editor's Note: Former § 36-2, Rubbish fires, which immediately followed this subsection, was repealed 8-9-1994 by L.L. No. 16-1994. 104:1 04-15-2007 § 104-4 SOUTHOLD CODE § 104-5 § 104-4. Exclusions. This chapter shall not apply to any territory included within the limits of the Incorporated Village of Greenport. § 104-5. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973; 1-16-2007 by L.L. No. 3-20071 Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. 104:2 04-15-2007 § 139-10 FILMING § 139-10. Compliance with other laws. § 139-14 Issuance of a permit pursuant to this chapter does not relieve the permit holder of its duty to comply with all other Town local laws, ordinances and regulations during the duration of the filming or photography. § 139-11. Insurance requirements. Every application for a permit pursuant to this chapter shall include a certificate of insurance that evidences a public liability insurance policy covering the Town as an additional insured in the minimum amount of $1,000,000 per occurrence for the duration of the filming or still photography. The applicant shall also submit an indemnification agreement that states that the applicant agrees to assume all liability for and will indemnify and hold the Town harmless of and free from any and all damages that occur to persons or property by reason of said filming or still photography. § 139-12. Permit available at film site. The permit holder shall be required to have the permit available for inspection by the Town Police Department, or its designees, at the site of the filming or still photography for the duration of the permit period. § 139-13. Extension of permit period. An applicant which has been granted a permit may submit to the Town Clerk a request to extend the duration of the permit. The Chief of Police, or his designee, will make the decision whether or not to grant such request. If permission is granted, the _Town Clerk shall collect from the applicant an additional $100 for each additional day added to the permit period. The Town Clerk shall then modify the applicant's permit to indicate the granted extension period. § 139-14. Penalties for offenses. A. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $2,500, and, in addition, anyone convicted hereunder of not complying with the requirements of § 139-4 and/or § 139-5,may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Town, and not more than an amount to twice said actual costs. [Amended 1-16-2007 by L.L. No. 3-2007] B. Each continuing day of violation of this chapter shall constitute a separate offense. C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. 139:5 04-15-2007 § 139-15 SOUTHOLD CODE § 139-16 § 139-15. Severability. The provisions of this chapter are severable. If any provision of this chapter or its application to any person or circumstance is held invalid, said invalidity shall not affect any other provision or application of this chapter which can be given effect without the invalid provision or application of the chapter. § 139-16. When effective. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. 139:6 04-15-2007 Chapter 144 FIRE PREVENTION AND BUILDING CODE ADMINISTRATION - § 144-1. Title. § 144-2. Purpose. § 144-3. Administration and enforcement officers designated; definitions. § 144-4. Conflicts with other regulations. § 144-5. Powers and duties of Building Inspector. § 144-6. Inspections required. § 144-7. Cooperation with other departments. § 144-8. Building permit required; application for permit. § 144-9. Issuance or denial of building permit. § 144-10. Performance of work under permit. § 144-11. Revocation of building permit. § 144-12. Stop -work orders. § 144-13. Right of entry. § 144-14. Certificate of occupancy required; application. § 144-15. Inspection prior to issuance of certificate; records. § 144-16. Issuance of certificate of occupancy. § 144-17. Temporary certificates of occupancy; fee. § 144-18. Tests for compliance with standards. § 144-19. Abatement of violations. [HISTORY: Adopted by the Town Board of the Town of Southold 7-17-1984 by L.L. No. 7-1984; amended it its entirety 12-19-2006 by L.L. No. 16-2006. Subsequent amendments noted where applicable.] Unsafe buildings — See Ch. 100. Electrical inspections — See Ch. 126. Environmental quality review — See Ch. 130. Flood damage prevention — See Ch. 148. § 144-1. Title. GENERAL REFERENCES Landmark preservation — See Ch. 170. Subdivision of land — See Ch. 240. Wetlands — See Ch. 275. Zoning — See Ch. 280. This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration and Enforcement Law." § 144-2. Purpose. Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981, provides for the preparation of a Uniform Fire Prevention and Building Code (Uniform Code), which shall take effect on January 1, 1984, and, the State Energy Conservation Construction Code (the Energy Code), which shall take effect on January 1, 2007, and which every local government 144:1 04-15-2007 § 144-2 SOUTHOLD CODE § 144-3 shall administer and enforce on and after such date. It is the purpose of this chapter to provide for the administration and enforcement of the Uniform Code in the Town of Southold. § 144-3. Administration and enforcement officers designated; definitions. A. It shall be the duty of the Building Inspectors (hereinafter referred to as the 'Building Inspector") to administer and enforce the Uniform Code and the Energy Code and the provisions of this chapter. B. In addition to the inspectors, as provided by Subsection A of this section,. the Town Board may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform Code and the Energy Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector. C. For this chapter, the term 'Building Inspector" shall include and refer to: (1) Building Inspectors of the Town of Southold; (2) The Director of Code Enforcement of the Town of Southold; (3) The Engineer Inspector of the Town of Southold; (4) Building Permits Examiner; and (5) Fire Inspector. D. As used in this chapter, the following terms shall have the meanings indicated: BUILDING PERMIT — A building permit which is renewed, amended or extended pursuant to any provision of this chapter. ENERGY CODE — The State Energy Conservation Construction Code, as currently in effect and as hereafter amended. PERMIT HOLDER — The person to whom a building permit has been issued. PERSON — An individual, corporation, limited -liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description. 144:2 04-15-2007 FIRE PREVENTION AND BUILDING CODE § 144-4 ADMINISTRATION § 144-5 § 144-4. Conflicts with other regulations. Where the provisions of this chapter conflict with or impose a different requirement than any other provision of the Southold Town Code, or any rule or regulation adopted thereunder, the provision which establishes the higher standard or requirement shall govern. § 144-5. Powers and duties of Building Inspector. A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all the provisions of the Uniform Code and Energy Code and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof. B. The Building Inspector shall receive, review, and approve or disapprove applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued, for the purpose of ensuring compliance with the Uniform Code, Energy Code and other laws, ordinances and regulations governing building construction. C. The Building Inspector. shall conduct construction. inspections, inspections to be made prior to the issuance of certificates of occupancy, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter: (1) To issue stop -work orders; (2) To review and investigate complaints; (3) To maintain records; (4) To collect fees as set by the Town Board of the Town of Southold; (5) To pursue administrative enforcement actions and proceedings; (6) In consultation with this Town's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter; and (7) To exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this chapter. D. The Building Inspector shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. 144:3 04-15-2007 § 144-5 SOUTHOLD CODE § 144-5 E. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. F. The Building Inspector shall keep permanent, official records of all transactions and activities conducted by him, including records of: (1) All applications received, reviewed and approved or denied; (2) All plans, specifications and construction documents approved; (3) All building permits, certificates of occupancy, and stop -work orders issued; (4) All inspections and tests performed; (5) All statements and reports issued; (6) All complaints received; (7) All investigations conducted; (8) All fees charged and collected. G. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least .the minimum time period so required by state law and regulation. - H. Program review and reporting. (1) The Building Inspector shall, as directed, submit to the Town Board a written report and summary of all business conducted by him, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending. (2) The Building Inspector shall, annually, submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town, relative to administration and enforcement of the Uniform Code. (3) The Building Inspector shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials in this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code. I. The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a 144:4 04-15-2007 FIRE PREVENTION AND BUILDING CODE § 144-5 ADMINISTRATION § 144-6 complaint shall include such of the following steps as the Building Inspector may deem appropriate: (1) - Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (2) If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in a manner which violates this chapter of the Code; (3) If appropriate, issuing a stop -work order; (4) If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing 'a final written report reflecting such abatement or correction, and filing such report with the complaint. § 144-6. Inspections required. A. Construction inspections (1) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection A(2) of this section is ready for inspection. (2) Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable: (a) Work site prior to the issuance of a building permit; (b) Footing and foundation; (c) Preparation for concrete slab; (d) Framing; (e) Building systems, including underground and rough -in; (f) Fire-resistant construction; (g) Fire-resistant penetrations; (h) Solid -fuel -burning heating appliances, chimneys, flues or gas vents; (i) Energy Code compliance; and (j) A final inspection after all work authorized by the building permit has been completed. 144:5 04-15-2007 § 144-6 SOUTHOLD CODE § 144-6 (3) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed. B. Firesafety and property maintenance inspections. (1) Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector at the following intervals: (a) Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months. (b) Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection B(1)(a), and all nonresidential buildings, structures, uses and occupancies not included in Subsection B(1)(a), shall be performed at least once every 36 months. (2) Inspections permitted. In addition to the inspections required by Subsection B(1) of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector at any time upon: (a) The request of the owner, of the property to be inspected or an authorized agent of such owner; (b) Receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (c) Receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. (d) OFPC inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b. 144:6 04-15-2007 FIRE PREVENTION AND BUILDING CODE § 144-7 ADMINISTRATION § 144-8 § 144-7. Cooperation with other departments. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the police and fire officers and all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. § 144-8. Building permit required; application for permit. A. Building permit required prior to commencement; ,exceptions. (1) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal; improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure. A building permit shall be required for any work which must conform to the Uniform Code, and Energy Code, except that no building permit shall be required for: (a) Necessary repairs which do not materially affect structural features. (b) Alterations to existing buildings, provided that the alterations: [1] Cost less than $-10,000; [2] Do not materially affect structural features; [3] Do not affect firesafety features such as smoke detectors, sprinklers, required fire separations and exits; [4] Do not involve the installation of electrical systems; and [5] Do not include the installation of solid -fuel -burning heating appliances and associated chimneys and flues. (c) Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 100 square feet; (d) Installation of swings and other playground equipment associated with a one - or two-family dwelling or multiple single-family dwellings (townhouses); (e) Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; (f) Installation of fences which are not part of an enclosure surrounding a swimming pool; 144:7 04-15-2007 § 144-8 SOUTHOLD CODE § 144-8 (g) Construction of 'retaining walls, unless such walls support a surcharge or impound Class I, II, or IIIA liquids; (h) Construction of temporary motion picture, television and theater stage sets and scenery; (i) Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses); (j) Installation of partitions or movable cases less than five feet nine inches in height; (k) Painting, wallpapering, tiling, carpeting, or other similar finish work; (1) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (m) Replacement of any equipment, provided the replacement does riot alter the equipment's listing or render it inconsistent with the equipment's original specifications; or (n) Repairs, provided that such repairs do not involve: [1] The removal or cutting away of a load-bearing wall, partition, or"portion thereof, or of any structural beam or load-bearing component; [2], The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; [3] The enlargement, alteration, replacement or relocation of any building system; or [4] The removal from service of all or part of a fire protection system for any period of time. (2) The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection A(1) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. All work, structures and buildings must comply with the provisions of Chapter 280, Zoning, of the Southold Town Code. B. 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 shall be invalid. C. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans 144:8 04-15-2007 FIRE PREVENTION AND BUILDING CODE § 144-8 ADMINISTRATION § 144-8 and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The _actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. - (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots. (e) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (f) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (g) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (j) Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed 144:9 04-15-2007 § 144-8 SOUTHOLD CODE § 144-8 as authorization to commence work, or as an indication that a building permit will be issued. Work shall not .be commenced until and unless a building permit is issued. (k) All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. (2) Exception to the requirements set forth in § 144-8C. Building Inspectors have the right, when an application for a structure is accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect and accompanied by an affidavit stating that the plans and specifications comply with the Uniform Code and Energy Code, to verify that both the plans and the construction comply with the Uniform Code and Energy Code at the field inspection stage. D. 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 § 280-a of -the Town Law. E. No 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 said Board. F. 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 having jurisdiction thereof. G. 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 supply and sewage disposal system. H. 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. I. 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 shall be required. J. 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 location of such foundation with respect to the street, and 144:10 04-15-2007 FIRE PREVENTION AND BUILDING CODE § 144-8 ADMINISTRATION § 144-8 property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. K. Permit fees. (1) 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 application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [1] New dwellings and alterations or additions to existing dwellings: $200, plus $0.40 for each square foot of floor area in excess of 850 square feet. [2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area in excess of 500 square feet. (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [1] New buildings and additions and alterations to existing buildings: $250, plus $0.40 for each square foot of floor area in excess of 1,000 square feet. [2] Accessory buildings and additions and alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area in excess of 500 square feet. (d) Foundations constructed under existing buildings: $200. (e) In -ground swimming pools, together with required enclosure fencing: $250; aboveground swimming pools, together with required enclosure fencing: $250. (f) The permit fee for all signs shall be $75 per permit. (g) Demolition and/or removal of any building: $70 minimum and $0.30 for each square foot in excess of 300 square feet of floor area. (2) If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of $50. (3) For the purpose of this Subsection K, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (4) Preconstruction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land clearing or excavation or building 144:11 04-15-2007 § 144-8 SOUTHOLD CODE § 144-10 or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter. (5) Notwithstanding the foregoing, no fee shall be required' of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. (6) In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced. § 144-9. Issuance or denial of building permit. A. The Building Inspector shall approve or disapprove the_ application within a reasonable time, and in all events within 10 business days. B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the -applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. C. Upon approval of the application, two sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the offices of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site, open to inspection by the Building Inspector or his authorized representative at all reasonable times. D. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all the requirements of the Uniform Code. and all other applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. The Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing. § 144-10. Performance of .work under permit. A. A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based, for a period of 18 months after the date of its issuance. For good cause, the Building Inspector may allow an extension for a period not exceeding six months. B. The issuance of a building permit shall constitute authority 'to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the Uniform Code and applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications. C. Compliance with the following regulations shall be a continuing condition for the validity and existence of any building permit and issuance of a certificate of occupancy by the Town of Southold: 144:12 04-15-2007 FIRE PREVENTION AND BUILDING CODE § 144-10 ADMINISTRATION § 144-11 (1) Stormwater runoff generated as a result of up to a two-inch rainfall, or its equivalent in melting snow/ice, shall be contained on-site during construction. Implementation of and use of erosion control measures and devices to prevent soil erosion and flooding of neighboring properties and roadways shall be required, including but not limited to straw bales, silt control fences, and/or grading. (2) Prior to the issuance of a certificate of occupancy, it shall be determined that drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. (3) Prior to the issuance of a certificate of occupancy, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon. (4) Where a construction site is traversed by a watercourse, drainageway, channel or stream, provision shall be made to divert that waterway around any areas disturbed by construction and reconnected to its natural path by means of culverts or other measures. D. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. § 144-11. Revocation of building permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: A. Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based. B. Where he finds that the building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Building Inspector shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. C. Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications. D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop -work order issued by the Building Inspector. 144:13 04-15-2007 § 144-12 SOUTHOLD CODE , § 144-12 § 144-12. Stop -work orders. A. The Building Inspector is authorized to issue stop=work orders pursuant to this section. The Building Inspector shall issue a stop -work order to halt: (1). Any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or the Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or (2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Building Inspector, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or (3) Any work, for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked. B. Stop -work orders shall: (1) Be in writing; (2) Be dated and signed by the Building Inspector; (3) State the reason or reasons for issuance; (4) If applicable, state the conditions which must be satisfied before work will be permitted to resume. C. The Building Inspector shall cause the stop -work order, or a copy thereof, to be served on the owner of the affected property, and if the owner is not the permit holder, on the permit holder, personally or by certified mail to the owner or permit holder and posting at the work site. The Building Inspector shall be permitted, but not required, to cause the stop -work order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop -work order, personally or by certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop -work order. D. Upon the issuance of ,a stop -work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop -work order. E. The issuance of a stop -work order shall not be the exclusive remedy available to address any event described in this section, and the authority to issue a stop -work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under any other applicable local or state law. Any such remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop -work order. 144:14 04-15-2007 FIRE PREVENTION AND BUILDING CODE § 144-13 ADMINISTRATION § 144-15 § 144-13. Right of entry. Any Building Inspector, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry. § 144-14. Certificate of occupancy required; application. A. No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector. B. No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall be occupied or used unless a certificate of occupancy shall have been issued by the Building Inspector. C. No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector. D. The owner or his agent shall make application for a certificate of occupancy. Accompanying his application and before the issuance of a certificate of occupancy, there shall be filed by the Building Inspector an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the building contractor who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined and approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the Uniform Code and Energy Code and other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit. § 144-15. Inspection prior to issuance of certificate; records. A. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy; and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. B. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the Uniform Code, the Energy Code, and other applicable laws. 144:15 04-15-2007 § 144-16 SOUTHOLD CODE § 144-17 § 144-16. Issuance of certificate of occupancy. A. The Building Inspector shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code, the Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and the Energy Code. The Building Inspector shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. In addition, where applicable, the following documents, prepared in accordance with the -provisions of the Uniform Code by such person or persons as may - be designated by or otherwise acceptable to the Building Inspector, at the expense of the applicant for the certificate of occupancy, shall be provided to the Building Inspector prior to the issuance of the certificate of occupancy: (1) A written statement of structural observations and/or a final report of special inspections; and (2) Flood hazard certifications. B. A certificate of occupancy shall contain the following information: (1) The building permit number, if any; (2) The date of issuance of the building permit, if any; (3) The name, address and Tax Map number of the property; } (4) If the certificate of occupancy is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy is issued; (5) The use and occupancy classification of the structure;. (6) The type of construction of the structure; (7) The assembly occupant load of the structure; (8) If an automatic sprinkler system is. provided, a notation as to whether the sprinkler system is required; (9) Any special conditions imposed in connection with the issuance of the building permit; and (10) The signature of the Building Inspector issuing the certificate of occupancy and the date of issuance. § 144-17. Temporary certificates of occupancy; fee. Upon request, and the payment of a fee of $25, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or 144:16 04-15-2007 FIRE PREVENTION AND BUILDING CODE § 144-17 ADMINISTRATION § 144-19 portions as have been completed may be occupied safely without endangering life or the public welfare. § 144-18. Tests for compliance with standards. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the Uniform Code or the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance. § 144-19. Abatement of violations. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and those remedies shall be in addition to the penalties prescribed in the preceding section. 144:17 04-15-2007 § 157-13 HARBOR MANAGEMENT § 157-14 § 157-13. Severability. Should any provision of this article be adjudged by ' any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the litigation in which such judgment shall have been rendered. § 157-14. Penalties for offenses. A. It shall be unlawful for any person or agent of any person to fail to comply with any provision of this article or to fail in any manner to comply with a written notice, directive or order of the Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pursuant to this article. B. For every offense against any of the provisions of this law or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constables within the time fixed for compliance therewith, any person, or any other person or agent of such 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 the Bay Constables shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment: Each day's continued offense shall constitute a separate, additional violation. [Amended 1-16-2007 by L.L. No. 3-2007] 157:5 04-15-2007 § 166-7 JUNKYARDS § 166-8 I. The area of the licensee's activity or business shall not be used as a dump area nor as a place for the burning and disposal of junk.or trash.' J. The Town police, the Town Clerk or the Town Board or any of its representatives shall be granted access to the area of the activity or business of the licensee at all reasonable hours to inspect the same for compliance herewith. § 166-8. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973; 1-16-2007 by L.L. No. 3-20071 A. The owner or licensee of any such place of business who commits or permits -the commission of any offense against any of the provisions of this chapter shall be deemed to have committed a violation and shall be liable for -any such offense or the penalty therefor. Each day such offense shall. continue or be permitted to exist shall constitute a separate offense. B. For every offense against any provision of this chapter, the person committing the same shall, upon conviction thereof, be subject to a fine not to exceed $2,500 or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. . Conviction for any above-mentioned offense shall constitute and effect an immediate forfeiture of the license. D. Any person committing an offense against this chapter shall, upon conviction thereof, be subject to a civil penalty enforceable and collectible by the Town in the amount of $100 for each such offense. Such penalty shall be collectible by and in the name of the. Town for each day that such offense shall continue. E. In addition to the above -provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against such chapter. 1. Editor's Note: See also Ch. 233, Art. I, Garbage, Rubbish and Refuse. 166:5 04-15-2007 § 174-4 LITTERING § 174-5 § 174-4. Litter in parks, beaches and bodies of water. A. No person shall throw or deposit litter in any park or beach within the Town except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or beach or upon any street or other public or private place. Where public receptacles are not provided, all such litter shall be carried away from the park or beach by the person responsible for its presence and properly disposed of elsewhere, as provided herein. B. No person shall throw or deposit litter in any pond, river, stream or other body of water within the Town. § 174-5. Litter on private property. [Amended 5-24-2005 by L.L. No. 7-2005] A. No person shall throw or deposit litter on any private property within the Town, whether owned by such person or not and whether occupied or vacant, except that the owner or. person in control of private property may maintain authorized private receptacles for collection in such a manner -that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. B. The owner or person in control of private property or any portion thereof shall at all times maintain the premises or that portion controlled by him free of litter, except when stored properly in authorized private receptacles for collection, when such person shall have actual notice thereof or when said litter shall have been present a sufficient length of time to constitute constructive notice. C. Litter or debris on private property, either not properly stored or present for a sufficient length of time to constitute constructive notice, may be removed by the Town in any manner deemed appropriate by the Town upon notice to the owner. Notice posted in a conspicuous location upon the property or in the nearby vicinity of the litter or debris for at least three business days shall be deemed sufficient notice. D. Assessment of costs and expenses. All costs and expenses incurred by the Town in connection with the removal of litter or debris from property not owned by the Town shall be assessed against the property on which said litter or debris was located. The total costs and expenses shall be determined by the Superintendent of Highways or, in the alternative, by the Town Board and shall be sent by certified mail to the owner of record. If the owner shall fail to make full payment within 14 days from the date of receipt of the mailing, the costs and expenses outstanding shall be reported to the Assessor of the Town as an amount to be levied and assessed against the property. The expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner as other Town charges. That portion of said collected funds shall be returned to the operational budget of the department that incurred the expense of the cleanup. 174:3 04-15-2007 § 174-6 SOUTHOLD CODE § 174-7 § 174-6. Handbills. A. In public places. No person shall throw or deposit any handbill in or upon any sidewalk, street or other public place within the Town. No person shall hand out or distribute any handbill in any public place except to persons willing to accept it. B. On vehicles. No person shall throw or deposit any handbill in or upon any vehicle; except it shall not be unlawful in any public place for a person to hand out or distribute a handbill to any occupant of a vehicle who is willing to accept it. C. On private property. No person shall throw or deposit any handbill in or upon any private premises which are: (1) Temporarily or continuously uninhabited or vacant. (2) Posted with a sign placed in a conspicuous position near the entrance thereof, bearing the words "No Peddlers or Agents," "No Advertisements" or words of similar import indicating .the desire of the occupants not to have such handbills left upon such premises, or where an occupant expressly directs the person not to throw, deposit or. distribute the handbill on the premises. (3) Inhabited, but not posted or subject to an express warning by an occupant, except by handing or transmitting any such handbill directly to an occupant, unless he places or deposits any such handbill so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public ways. D. The provisions of this section shall not apply to the distribution of mail by the United States Postal Service nor to newspapers (as defined herein), except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place br upon private property. § 174-7. Penalties for offenses. [Amended 1-16-2007 by L:L. No. 3-2007] Any person committing an offense against any of the provisions of this chapter shall be punished, upon conviction, by a fine not to exceed $500 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. 174:4 04-15-2007 Chapter 205 PUBLIC ENTERTAINMENT AND SPECIAL EVENTS § 205-1. Certain entertainment restricted; permit required. [HISTORY: Adopted by the Town Board of the. Town of Southold 6-2-1987 by L.L. No. 6-1987; amended in its entirety 9-20-1994 by L.L. No. 20-1994. Subsequent amendments noted where applicable.] § 205-1. Certain entertainment restricted; permit required. A. To preserve public peace and good order and to prevent tumultuous assemblages, all public outdoor shows and entertainment, including but not limited to bazaars, fairs, carnivals and circuses, are prohibited in the Town of Southold. B. Nothing herein or in the foregoing shall apply to bazaars, fairs, carnivals and circuses and other public outdoor shows and entertainments that are approved, in writing, by the Town Clerk and held in the Town under the sole management and for the profit of local fraternal, charitable or religious organizations. C. All applications to the Town Clerk for permits shall be in writing and shall supply the name and address of the organization and its officers making such application and the nature -of the affair, that the same is for charitable purposes, the length of time contemplated and the exact location where the same is to be conducted. D. Applications for tents under this chapter must be submitted to the Building Department. [Amended 1-16-2007 by L.L. No. 3-2007] E. If a winery holds an outdoor event, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zoning Board of Appeals. An application shall be accompanied by a fifty -dollar fee. In granting such approval, the following factors must be considered: (1) All parking must be off street and traffic control must be provided by the winery. (2) Adequate sanitary facilities must be provided. (3) All food must be catered and prepared off site. (4) Events for 300 or more people require preparation of a traffic control plan. F. All other public activities which are not a permitted use under the Southold Town Code shall require the approval of the Zoning Board of Appeals. 205:1 04-15-2007 Chapter 211 SALVAGE CENTERS § 211-1. Definitions. § 211-4. Parking and access. § 211-2. Permit required. § 211-5. Permit provisions. § 211-3. Application and fee. § 211-6. Penalties for offenses. [HISTORY: Adopted by the Town Board, of the Town of Southold 5-3-1994 by L.L. No: 7-1994. Amendments noted where applicable.] Junkyards — See Ch. 166. Littering — See Ch. 174. § 211-1. Definitions. GENERAL REFERENCES Scavenger wastes — See Ch. 215, Art. I. Garbage, rubbish and refuse — See Ch. 233, Art. I. As used in this chapter, the terms used herein are defined as follows: SALVAGE CENTER — Any location where a private collection of items, exclusive of municipal recyclables, is gathered, reused, recycled, reclaimed and processed for eventual disposal off site. § 211-2. Permit required. No person shall engage in or conduct a salvage center on real property within the Town of Southold, either for himself or for and on behalf of any other person, directly or indirectly, without first obtaining a permit therefor as hereinafter provided. § 211-3. Application and fee. A. The Town Board may grant a permit for a salvage center. Each applicant for a permit hereunder shall execute under oath an application therefor to be supplied to him by the Town Clerk, which shall contain the following information: (1) Locationn of the operation. (2) Size and location of access and parking. (3) Location and kind of containers or receptacles. (4) Storage facilities. B. The application shall be accompanied by a fee of $300. 211:1 04-15-2007 § 211-4 SOUTHOLD CODE § 211-6 § 211-4. Parking and access. Each salvage center shall provide a macadam or crushed rock base for parking and access. § 211-5. Permit provisions. The permit shall be granted for the period of time specified by the Town Board. The permit shall contain such conditions as may be necessary to ensure that the proposed- operation will not have anadverse effect on the environment, the character of the area or the operations of the Town. The permit shall provide that the operation shall be conducted pursuant to the terms of the permit or the Town Code, and, upon failure to do so, the permit may be revoked forthwith. Failure to obtain all state, federal or county permits required for this application shall be a basis for immediate revocation of this permit. § 211-6. Penalties for offenses. [Amended 1-16-2007 by L.L. No. 3-20071 The permittee who -commits or permits the commission of any violation of the permit or any person committing an offense of any provision of this chapter shall be guilty of a violation and shall be subject to a fine not to exceed $2,500 or a period of imprisonment not to exceed 15 days, or both such fine and imprisonment. Each day such offense shall continue or be permitted to exist shall constitute a separate an additional offense. 211:2 04-15-2007 § 215-26 SEWERS AND SEWAGE DISPOSAL § 215-29 ARTICLE VIII Disposal Fees § 215-26. Fee to be set by resolution. The Town Board shall, by resolution, set the fee for the transporting to and disposing of scavenger waste at the Southold Scavenger Waste Pretreatment Facility, -at such fee per gallon as shall, from time to time, be prescribed by resolution of the Board. The fee to be paid shall be calculated on full -tank capacity and shall be applied against the operation and maintenance costs of the facility. ARTICLE IX Improper Disposal § 215-27. Dumping prohibited. No scavenger waste removed from- any cesspool or septic tank within the Southold Wastewater Disposal District shall be dumped or disposed at any location within the Town of Southold except at the Scavenger Waste Pretreatment Facility. ARTICLE X Prohibited Wastes § 215-28. Prohibited wastes enumerated. Only sanitary sewage and normal domestic wastes shall be discharged into on-site wastewater disposal systems. The following waste shall not be discharged into the system and shall be considered as prohibited wastes: A. Industrial waste. B. Automobile oil and other noncooking oils. C. Drainage from basement floors, footings or roofs. D. Toxic or hazardous substances and chemicals, including but not limited to pesticides, acids, paints, paint thinner, herbicides, solvents, photographic chemicals and water -softening agents. E. Cesspool cleaning and drain opening products which are prohibited by Article 39 of the New York State Conservation Law, or Suffolk County Local Law No. 12-1980. § 215-29. Discharge. No person shall knowingly discharge prohibited waste at the Southold Scavenger Waste Pretreatment Facility. 215:9 04-15-2007 § 215-30 SOUTHOLD CODE § 215-32 ARTICLE XI Administration and Enforcement § 215-30. Administration and enforcement officer. The Town Board shall appoint a Sanitation Inspector, (referred to in this Part 1 as the "Inspector") who shall administer and enforce the provisions of this Part 1. § 215-31. Notice of violation. A. Whenever the Inspector has reasonable grounds to believe that operations regulated hereby are being conducted in violation of . the provisions of this Part 1 or not in compliance with a permit or license issued pursuant to this Part 1, he may notify the owner of the property or the owner's agent or the person performing such operations, or the carter, to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. -C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Inspector 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. E. 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 Inspector, any permit or license issued to such person pursuant to this Part 1 shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 215-31C to fail to comply with such notice. [Added 3-22-1988 by L.L. No. 4-19881 § 215-32. Compliance required; penalties for offenses. [Amended 3-22-1988 by L.L. No. 4-1988; 1-16-2007 by L.L. No. 3-20071 A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with a written notice, directive or order of the Inspector or to conduct any operation in a manner not in compliance with a permit issued pursuant to this Part 1. B. For each offense against any of the provisions of this Part 1 or any regulation made pursuant thereto or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the carter, owner, occupant, builder, 215:10 04-15-2007 § 215-32 SEWERS AND SEWAGE DISPOSAL § 215-34 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 the Inspector shall, upon a first conviction thereof, be guilty of an offense punishable by a fine not to exceed $5,000 or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 36 months thereafter, such person shall be guilty of a violation punishable by a fine not to exceed $7,500 dollars or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. C. In addition to the above -provided penalties, the Board may also maintain an action or proceeding in the name of the District, in a court of competent jurisdiction, to compel compliance with or to restrain any injunction the violation of this Part 1. ARTICLE XII Costs and Expenses § 215-33. Assessment of costs. All costs and expenses incurred by ' the District in connection with any proceeding or any work done pursuant to this Part 1 shall be assessed against the land on which such costs and expenses were incurred; and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the, collection and enforcement of real property taxes in the Town of Southold. ARTICLE XIII Effective Date § 215-34. When effective. The provisions of this Chapter 215 shall become effective on the first day of the month subsequent to the completion of construction, and the commencement of operations of the District's Scavenger Waste Pretreatment Facility. 215:11 04-15-2007 § 215-34 SOUTHOLD CODE § 215-36 Part 2 Sewer Use [Adopted 3-25-1986 by L.L. No. 2-19861 ARTICLE XIV Sewer Use § 215-35. Purpose. In order to assure_ the propose disposal of sewage and wastewaters and the proper operation and maintenance of the public sewers, sewage treatment facility and other sewage works within the Fishers Island Sewer District (FISD) and to provide an adequate record of sewers, drains, appurtenances and connections thereto, the following regulations are enacted by the Town Board of the Town of Southold acting for and on behalf of the FISD under the authority of the General Statutes of the State of New York. § 215-36. Definitions; word usage. A. Unless the context specifically indicates otherwise, the meaning of terms used herein shall be as follows: ASTM — The American Society for Testing and Materials. BOD (denoting "biochemical oxygen demand") — The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 200° C. expressed in milligrams per liter (mg/1) by weight. In computing BOD, reference shall be made to the latest edition of Standard Methods for the Examination of Water and Waste Water. CHLORINE DEMAND — The amount of chlorine which must be added to water or waste to produce a residual chlorine content of at least 0.1 mg/1 after a minimum contact time of 10 minutes. COD (denoting chemical oxygen demand) — The quantity of oxygen utilized in the chemical oxidation of organic and inorganic matter under standard laboratory procedure expressed in milligrams per liter (mg/1) by weight. In computing COD, reference shall be made to the latest edition of Standard Methods for the Examination of Water and Waste Water. DEC — The New York State Department of Environmental Conservation. DISTRICT — Fishers Island Sewer District (FISD). DRAIN LAYER or LICENSED DRAIN LAYER — Either an individual, partnership or corporation to whom the Town of Southold has issued a license and the proper agents and representatives to install, alter or repair sewers, sewer connections, house connections, etc., during the period when such license is valid. NATURAL OUTLET — Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. 215:12 04-15-2007 § 215-44 SEWERS AND SEWAGE DISPOSAL § 215-46 § 215-44. Powers and authority of inspectors. A. The Superintendent and any duly authorized employees of the District, the Environmental Protection Agency and/or the DEC bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Part 2. The Superintendent or his representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that. point that has a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. B. While performing the necessary work on private properties referred to in § 215-44A above, the Superintendent or duly authorized employees of the District shall observe all safety rules applicable to the premises established by the owner(s) and the owner(s) shall be held harmless for injury or death to the District employees and against liability claims and demands for personal injury or property damage asserted against the owner(s) and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner(s) to maintain safe conditions as required in § 215-38I. C. All duly authorized employees and/or representatives of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the District holds a duly negotiated easement for the purposes of, but not limited to inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. § 215-45. Penalties for offenses; disconnection. [Amended 1-16-2007 by L.L. No. 3-2007] A. Any person found to be violating any provision of this Part 2 except § 215-40 shall be served by the District with written notice stating the nature of the violation and providing -a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. B. Any person who shall violate any provision of this Part 2 shall be guilty of an offense punishable by a fine not to exceed $5,000 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each day that any violation of this Part 2 continues and each day that any person continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate and additional offense. C. Any person who fails to cease and desist violation of this Part 2 upon notification thereof may, after the period of time stated in the notice for correction thereof, be disconnected from the public sewer system. Notice of disconnection shall be served by the District not less than 10 days prior to the actual disconnection. § 215-46. Discretionary monitoring of effluents. The District may require as a condition to the connection and/or continued use of the District's sewer facilities that flow -metering, pH -monitoring and suitable effluent -sampling stations be 215:29 04-15-2007 § 215-46 SOUTHOLD CODE § 215-50 provided at the owner'(s) expense by industry connected to the District sewer system as required by prudent engineering standards. § 215-47. Severability. If any section, clause, sentence or provision of this Part 2 be adjudged invalid or unenforceable, such adjudications shall not affect the validity of any other provision hereof, but all other provisions shall be deemed valid and effective and shall remain in full force and effect. Part 3 Sewer Rents and Charges [Adopted 3-24-1987 by L.L. No. 5-1987] ARTICLE XV Sewer Rents and Charges § 215-48. Purpose. Pursuant to the provisions of Article 14-F of the General Municipal Law, the Town Board, acting for and on behalf of the Fishers Island Sewer District (FISD), does hereby establish a scale of annual charged to be called "sewer rents" for the use of the sewer system within the FISD. § 215-49. Rents; penalty for late payment. A. In addition to any and all other fees and charges provided by law, the owner of a parcel of land served by the sanitary sewer system of the FISD shall pay an annual sewer rent for the use of such sanitary sewer system, which shall be based upon an annual charge of $300 for each' separate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of $150 on the first day of January and June of each year. [Amended 11-15-1988 by L.L. No. 27-1988; 12-11-1990 by L.L. No. 28-1990; 11-24-1992 by L.L. No. 274992] B. If such sewer rents are not paid within 30 days of the due date, a penalty of 5% shall be paid. § 215-50. Liens. Sewer rents shall constitute a lien upon the real property served by the sewer system or such part or parts thereof for which sewer rents shall have -been established or imposed. The lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof. 215:30 04-15-2007 § 215-51 SEWERS AND SEWAGE DISPOSAL § 215-52 § 215-51. Actions to collect rents. The Town Board, on behalf of the sewer district, may bring and maintain an action as upon contract for sewer rents in arrears, including penalties and interest, or to foreclose liens for such sewer rents. As an alternative to the maintenance of any such action, the Town Board may annually cause a statement to be prepared setting forth the amount of each lien for sewer rents in arrears, the real property affected thereby and the name of the person in whose name such real property is assessed. Such statement shall be presented to the board or body empowered to levy Town taxes on or before a date to be specified by such board or body. Such board or body shall levy the amounts contained in such statement against the real property liable at the same time and in the same manner as Town taxes, and such amounts shall be set forth in a separate column in the annual tax rolls. The amounts so levied shall be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of Town taxes. § 215-52. Sewer rent fund. A. Revenues derived from sewer rents, including penalties and interest, shall be credited to a special fund to be known as the "sewer rent fund." Moneys in such fund shall be used in the following order: (1) For the payment of the costs of operation, maintenance and repair of the sewer system or such part or parts thereof for which sewer rents have been established and imposed. (2) For the payment of the interest on and amortization of or payment of indebtedness which has been or shall be incurred for the construction of the sewer system or such part or parts thereof for which sewer rents have been established and imposed (other than indebtedness, and the interest thereon, which is to be paid in the first instance from assessments upon benefited real property). (3) For the construction of sewage treatment and disposal works with necessary appurtenances, including pumping stations, or for the extension, enlargement or replacement of or additions to such sewer systems or part or parts thereof. B. Such revenues from sewer rents shall not be used to finance the cost of any extension of any part of a sewer system (other than any sewage treatment and disposal works with necessary appurtenances, including pumping stations) to serve unsewered areas if such part has been constructed wholly or partly at the expense of real property especially benefited, or for the payment of the interest on and the amortization of indebtedness which is to be paid in the first instance from assessments upon benefited real property. 215:31 04-15-2007 § 219-15 SHELLFISH § 219-20 B. A permanent resident, taxpayer and temporary resident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. § 219-16. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this article shall be immediately returned alive to the water. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. § 219-17, Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and properly staked and notices posted by said Board of Trustees. § 219-18. Transplanting of shellfish. Notwithstanding any other provision of this article, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators or other causes. § 219-19. Dredges and scrapes. [Added 7-7-1982 by L.L. No. 5-1982; amended 1-21-1997 by L.L. No. 1-1997] Except as permitted by § 219-10C of this article, the use of a dredge, scrape, ell dredge or similar device towed by a boat operated by mechanical power or other means is prohibited in Town waters. Except as permitted by § 219-10C of this article, the use of a dredge, scrape, ell dredge or similar device towed by a boat operated by mechanical power or other means is prohibited in Town waters except by special permission of the Trustees for scientific study projects. § 219-20. Vegetation removal prohibited. [Added 12-28-1990 by L.L. No. 30-19901 No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Town Trustees of the Town of Southold. 219:7 04-15-2007 § 219-21 SOUTHOLD CODE § 219-21 § 219-21. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973; 1-16-2007 by L.L. No. 3-2007] A. Any person convicted of an offense against any provision of this article shall be deemed to have committed a violation against such article and also shall be liable for any such offense or penalty therefor. B. For every offense against any provision of this article, the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. A second conviction for an offense against any' of the provisions of this article within a period of one year shall constitute and effect an immediate forfeiture of a permit issued to such person. No new permit shall be issued to such person for at least one year after such forfeiture. D. Any person -committing an offense against this article shall be subject to a civil penalty enforceable and collectible by the Town for each such offense. Such penalty shall be collectible by and in the name of the Town. E. In'addition to the above -provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent " jurisdiction to compel compliance with -or to restrain by injunction the offense against this article. 219:8 04-15-2007 Chapter 236 STORMWATER MANAGEMENT § 236-1. Title. § 236-10. Activities requiring drainage § 236-2. Statutory authorization. control permit. § 236-3. Purpose. § 236-11. Compliance. § 236-4. Definitions. § 236-12. Application process. § 236-5. Applicability. § 236-13. Performance standards for - approval of erosion, § 236-6. Discharges. sedimentation and stormwater § 236-7. Prohibited discharges. runoff control plans. § 236-8. Requirements for all § 236-14. Approved plans. stormwater discharges. § 236-15. Variances. § 236-9. Requirements for all § 236-16. Inspection; restoration; land -disturbing activities or - certificate of occupancy; fines. impervious surfaces. [HISTORY: Adopted by the Town Board of the Town of Southold 3-27-2007 by L.L. No. 9-2007. Amendments noted where applicable.] E` GENERAL REFERENCES Coastal erosion hazard areas — See Ch. 111. Subdivision of land — See Ch. 240. Environmental quality review — See Ch. 130. Wetlands — See Ch. 275. Flood damage prevention — See Ch. 148. Zoning — See Ch. 280. Soil removal — See Ch. 228. § 236-1. Title. This chapter shall be known as the "Stormwater, Grading and Drainage Control Law." § 236-2. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land` use regulations intended to control flooding, erosion or sedimentation within the entire Town. The variance provisions of this chapter shall supersede any inconsistent portions of Town Law § 267-a and govern the subject of variances in this chapter. § 236-3. Purpose. It is the purpose of this chapter to promote and protect, to the greatest extent practicable, the public health, safety and general welfare by: 236:1 04-15-2007 § 236-3 SOUTHOLD CODE § 236-4 A. Minimizing soil erosion, sedimentation and stormwater runoff, B. Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream channels and natural protective features, including wetlands, which contribute to the accommodation of floodwaters and retention of sediment; C. Controlling, restricting or prohibiting land use activities which increase nonpoint source pollution due to stormwater runoff, and/or which result in discharge onto public lands, neighboring properties or natural protective features; D. Assuring that land and water uses in the Town are designed and/or conducted using' - best -management practices to controlflooding, stormwater runoff and discharge onto public lands, neighboring properties or natural protective features; and E. Promoting the recharge of stormwater into the freshwater aquifer to protect the drinking water supply and minimize saltwater intrusion. § 236-4. Definitions. As used in this chapter, the following terms shall have the meanings indicated: AGRICULTURE — The production, keeping or maintenance, for sale, lease or personal use, of all plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. BEST -MANAGEMENT PRACTICE — Procedures and methods pertaining to construction activities which are intended to prevent stormwater runoff, retain valuable topsoil and minimize water pollution. BUILDING INSPECTOR — The persons(s) appointed by the Town Board to enforce the provisions of Southold Code Chapter 280 and this chapter. CLEAN FILL — Naturally deposited earthen material from an approved upland borrow source. CONSTRUCTION — The siting, building, erection, extension, or material alteration of any structure the use of which requires permanent or temporary location on the ground, as well as the installation of any hardened surfaces at or below grade. DEVELOPMENT — Any man-made change to improved or unimproved real property, including but not limited to any construction activities, the construction of buildings or other structures, creating access to and circulation within the site, clearing of vegetation, grading, providing utilities and other services, parking facilities, drainage systems, methods of sewage disposal and other services, and creating landforms. Development also includes significant 236:2 04-15-2007 § 236-4 STORMWATER MANAGEMENT § 236-4 alteration of natural resources in preparation for development, such as the dredging or filling of wetlands, ponds -or other natural drainage areas. DISCHARGE — To emit, expel, pour, direct or otherwise cause the flow of liquid in a manner other than the natural course of that liquid which existed prior to the disturbance of the natural state of the land upon which it flowed, if any. DRAINAGE SYSTEMS — Includes gutters, swales, pipes, conduits and superstructures (e.g., drywells, sumps, berms, etc.) for the collection and conduction of stormwater to an adequate facility for its storage and disposal. EROSION — The wearing away of land as a result of the action of natural forces or man -related activities. EROSION, SEDIMENTATION AND STORMWATER RUNOFF CONTROL PLAN — A drawing showing the proposed use of the site and the methods, techniques and improvements, both during and after construction, that will be employed to control erosion, sedimentation and stormwater runoff, which shall employ best -management practices. Where the nature of the existing conditions and proposed activities warrant, the Building Inspector may require that such plan be prepared by a registered design professional licensed in the State of New York. EXCAVATION — The removal, addition, ' or alteration of soil, sand, or vegetation by digging, dredging, drilling, cutting, scooping, or hollowing out. FILLING — The deposition of natural or artificial material so as to modify the surface or subsurface conditions of upland or underwater land. GRADING — The excavation, filling or alteration of the surface or subsurface conditions of land, lakes, ponds, or watercourses. ILLICIT DISCHARGES — Include but are not limited to discharge of solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam -cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated swimming pool or hot -tub water; domestic or sanitary sewage; roof structure runoff; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel. IMPERVIOUS SURFACE — Any surface exposed to stormwater from which water runs off and cannot pass through, including but not limited to structures, paving, paving blocks, bedding material, packed earth, treated surfaces, roof structures, patios, decking, stoops, porches, -and' accessory structures. MUNICIPAL PERMIT — Any permit, grant, approval, license, certificate or other authorization issued by the Town of Southold, including but not limited to permits for building, grading, demolition, clearing and excavation and subdivision and site plan approvals. 236:3 04-15-2007 § 236-4 SOUTHOLD CODE § 236-5 NATURAL DRAINAGE — The stormwater runoff patterns resulting from topographical and geological surface conditions, prior to clearing, regrading or construction. NATURAL PROTECTIVE FEATURE — A nearshore area, beach, bluff, dune or wetland and the vegetation thereon. NATURAL WATERCOURSE — The route farmed by natural processes, topography and geology leading to a natural watershed. NATURAL WATERSHED — An area of land which, in its natural state and prior to any man-made change, and due to its topography and geology, drains to a particular location within that. area. ONE -HUNDRED -YEAR FLOODPLAIN — The land area subject to the highest level of flooding that, on the average, is likely to occur once every 100 years (i,e., that has a one -percent chance of occurring each .year), as said level is shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the Southold Town Building Department. RESPONSIBLE PARTY — Owners and occupants of premises, applicants for municipal permits, and any other person or entity contributing to an act regulated by this chapter. SEDIMENTATION— The processes that operate at or near the surface of the ground to deposit soils, debris and other materials either on other ground surfaces or in water channels. SITE PREPARATION— The activities of stripping, clearing, grubbing, excavating, filling, and grading to facilitate construction or other use of the land. STORMWATER RUNOFF — That part of precipitation that flows over the land surface. STRIPPING — The process of mechanically scraping away topsoil. STRUCTURE — Any object constructed, erected, installed or placed on land or in water, including buildings, sheds, mobile homes, tanks, bulkheads, piers and docks and any additions or alterations thereto. TOPSOIL — The uppermost layer of soil, usually the top 15 to 20 centimeters, it having the highest concentration of organic matter and microorganisms, and where most of the Earth's biological soil activity occurs. § 236-5. Applicability. This chapter shall apply to all property within the Town of Southold and shall govern: A. All grading, drainage and erosion control, whether or not a permit is required; B. All new or replaced impervious surface and all land disturbing activities, whether or not a permit is required; C. All discharges directly or indirectly to a highway or public right-of-way, public drainage control system, neighboring property, wetland or public waterway; and 236:4 04 -15 - 2007 § 236-5 STORMWATER MANAGEMENT § 236-9 D. All new and existing land uses within the Town. § 236-6. Discharges. All discharges within the Town are subject to this chapter unless explicitly exempted. Conduct exempted from this chapter include activities necessary for the conduct of agricultural uses in connection with a bona fide agricultural operation. § 236-7. Prohibited discharges. The following discharges are prohibited: A. Discharges to public highways and rights-of-way. B. Discharges to tidal and freshwater wetlands, bluffs, dunes, beaches and other natural protective features as defined in Chapter 275 of this Town Code. C. Discharges from private properties to adjoining properties, without express permission. D. Discharges to public drainage control systems and networks, without express permission. E. Discharges of illicit liquids to any of the areas listed above and any other area within the Town, except in accordance with facilities approved for the handling of such materials by the Town, County and/or state. § 236-8. Requirements for all stormwater discharges. For all stormwater discharges, responsible parties shall implement and maintain operational source controls to include but not be limited to: A. Installation of drainage control structures to contain and recharge all runoff generated by development. B. Maintaining private roads, streets, driveways, parking lots and walkways. C. Identifying and eliminating unauthorized connections to Town drainage control systems and public rights-of-way. D. Maintaining and protecting natural drainage patterns. E. Maintaining and protecting natural watersheds. § 236-9. Requirements for all land -disturbing activities or impervious surfaces. All land -disturbing activities or addition or replacement of impervious surfaces shall provide temporary and permanent construction controls and shall be required to contain a two-inch rainfall on site, even where a drainage control permit is not required under this chapter. All applicants for municipal permits shall demonstrate to the satisfaction of the Building Inspector 236:5 04-15-2007 § 236-9 SOUTHOLD CODE § 236-11 that the proposed activities can meet this standard, either by the installation of gutters, leaders, drywells or other measures, prior to the issuance of such a municipal permit. § 23610. Activities requiring drainage control permit. A. None of the following activities shall be undertaken until a drainage control permit has been issued under the provisions of this chapter. (1) Grading or stripping which affects more than 5,000 square feet of ground surface. (2) - Excavation or filling involving more than 200 cubic yards of material within any parcel or any contiguous area. (3) Site preparation on slopes which exceed 10 feet of vertical rise to 100 feet of horizontal distance. (4) Site preparation within 100 feet of wetlands, beach, \bluff or coastal erosion hazard area. (5) Site preparation within the one -hundred -year floodplain of any watercourse. . B. The following activities shall be exempted from such review: (1) Minor clearing or excavation work not incident to a substantial change in the existing use of the land, which may be reasonably expected not to contribute to any additional on -site -generated runoff or degradation of any lands or water beyond the boundaries of the property involved. (2) Emergency repairs on public or private objects, necessary for the preservation of life, health or property, or taken to implement and accomplish the beneficial purpose of this chapter as set forth herein under such circumstances where it would be impracticable to obtain approval prior to making such emergency repairs. Following such an emergency situation, however, any approvals required by this chapter shall be obtained. (3) Routine maintenance or repair work on public or private roads or utility line rights-of-way where interim and permanent stormwater runoff control measures will be undertaken. To the maximum extent practicable, vegetation shall be used as a stabilizer and method of filtering and slowing stormwater flow from road surfaces. (4) Pervious structures, e.g., open decks, where the removal of topsoil allows for the recharge of groundwater. § 236-11. Compliance. A. Where a drainage control permit is required by this chapter, all development, construction, excavation and landscaping activities shall be conducted in accordance with an approved erosion, sedimentation. and . stormwater runoff control plan, and all other requirements of this chapter. 236:6 04-15-2007 § 236-11 STORMWATER MANAGEMENT § 236-12 B. Where a Trustee permit, subdivision plat or site plan approval has been obtained and drainage has been addressed, the Building Inspector may consider such approval in satisfaction of these requirements, except that all development on individual lots in an approved subdivision shall remain subject to these requirements on an individual basis. § 236-12. Application process. A. Any applicant for a municipal permit to conduct a development, construction or excavation activity within the Town of Southold shall complete a stormwater assessment form to assist in determining compliance with this chapter. Applicants that meet the threshold set forth aboveand require a drainage control permit shall also submit an erosion, sedimentation and stormwater runoff control plan to the Building Inspector. B. Upon receipt by the Building Inspector of any application for a drainage control permit to conduct any activity regulated by this chapter, the Building Inspector may refer the proposed erosion, sedimentation, and stormwater runoff control plan to the Town Engineering Department for comment and recommendation. No municipal permit that shall be issued for activities requiring a drainage control permit, nor shall any application therefor be deemed complete, until the Building Inspector has first issued his or her approval of the erosion, sedimentation and stormwater runoff control plan. C. Such plan may contain the following elements, which may be integrated into a site plan or subdivision plat submitted for approval pursuant to applicable Town law: (1) A vicinity map drawn to a scale of not less than 2,000 feet to one inch showing the relationship of the site to its general surroundings. (2) A plan of the site drawn to a scale of not less than 100 feet to the inch showing the location and description of property boundaries, site acreage, existing natural and man-made features on and within 500 feet of the site boundary, including roads, structures, water sources, drainage structures, utilities, topography including existing contours with intervals of not more than five feet where the slope is 10% or greater and not more than two feet where the slope is less than 10%, soil characteristics, location of wooded areas, the depth to seasonal high water table and a copy of the Soil Conservation District soil survey where available. (3) Location and description of proposed changes to the site and existing development on the site, which includes: (a) All excavation, filling, stripping and grading proposed to be undertaken, identified as to the depth, volume, and nature of the materials involved; (b) , All areas requiring clearing, identified as to the nature of vegetation affected; (c) All areas where topsoil is to be removed and stockpiled and where topsoil is to be ultimately placed; (d) All temporary and permanent vegetation to be placed on the site, identified as to planting type, size, and extent; 236:7 04-15-2007 § 236-12 SOUTHOLD CODE § 236-13 (e) All temporary and permanent stormwater runoff control measures, including soil stabilization techniques and stormwater drainage and storage systems, including ponds, recharge and sediment basins (identified. as to the type of facility, the materials from which it is constructed, its dimensions, and its capacity in cubic feet); (f) The anticipated pattern of surface drainage during periods of peak runoff, upon completion of site preparation and construction activities, identified as to rate and direction of flow at all major points within the drainage system; (g) The location of all roads, driveways, sidewalks, structures, utilities, and other improvements; and. (h) The final contours of the site at intervals of no greater than two feet. (4) A schedule of the sequence of installation of planned soil erosion, sedimentation and stormwater runoff control measures as related to the progress of the project, including anticipated starting and completion dates. § 236-13. Performance standards for approval of erosion, sedimentation and stormwater runoff control plans. A. The site erosion, sedimentation and stormwater runoff control measures shall be appropriate for existing topography, vegetation and other salient natural features of the site. The plan shall indicate that the development will preserve natural features, minimize grading and cut and fill operations, ensure conformity with natural topography, and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and handle adequately the volume and. rate or velocity, of surface water runoff. B. Site grading, excavation and filling shall minimize destruction of natural vegetation, the potential for erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of neighboring property owners and the general public. C. Erosion, sedimentation and stormwater runoff shall be controlled prior to, during, and after site preparation and construction. During grading operations, appropriate measures for dust control shall be undertaken. D. Areas exposed by site preparation shall be protected during site construction with hay bales, temporary vegetation and/or mulching to meet the requirements of the NYSDEC SPDES program in effect. E. Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a beach or wetland, drainage patterns. may be altered in a manner which reduces the threat to such beach or wetland and does not create other flooding or erosion problems. F. Site preparation, including stripping of vegetative cover and grading, shall be undertaken so that no individual building site is stripped of its vegetation cover more than 30 days prior to commencement of construction. Soils exposed or disturbed by site preparation 236:8 04-15-2007 § 236-13 STORMWATER MANAGEMENT § 236-13 shall remain so for the shortest practical period of time during site clearing, construction and restoration. G. Disturbed soils shall be stabilized and revegetated or seeded as soon as practicable. During the interim, erosion protection measures such as temporary vegetation, retention ponds, recharge basins, berming, silt traps and mulching shall be used to ensure that sedimentation is minimized and mitigated. H. In no case shall stormwater be diverted to another property either during site preparation or .after development. In appropriate cases, with the approval of the Superintendent of Highways, drainage control measures may be implemented in the right-of-way attendant to an adjacent Town highway, at the applicant's expense. I. During the construction period, disposal of stormwater runoff generated by development activity shall be handled on site. Baling, mulching, debris basins, silt traps, use of fibrous cover materials or similar measures shall be used to contain soil erosion on the site. J. All projects, regardless of the area of groundwater removal and/or grading, shall retain a natural vegetative buffer zone along water bodies, including wetlands and marshes, if one is imposed by the Board of Trustees. If necessary, other forms of erosion control measures will also be included. K. Natural land features such as shallow depressions shall be used, wherever possible, to collect stormwater on-site for recharge. L. Site designs shall minimize impermeable paving. M. Stormwater runoff shall not be directly discharged to surface waters, marshes and wetlands. Stormwater pollutants shall not be discharged directly into a wetland, but shall be attenuated by using holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas and other measures that reduce flow velocity and increase storage time. Pollutants shall not be discharged into wetlands. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly. N. All wetland vegetation shall be maintained. Dredging and site construction should not disturb wetlands either by direct removal of vegetation or substrate, or by the alteration of adjacent slopes that would undermine the stability of the substrate unless permission is obtained from the Board of Trustees. Grading equipment shall not be allowed to enter into or cross any watercourse or wetland. O. Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands. P. The elevation of a wetland shall not be altered. Q. No vegetation required by any agency as a buffer to a natural protective feature shall be disturbed by grading, erosion, sedimentation, or direct removal of vegetation. 236:9 04-15-2007 § 236-13 SOUTHOLD CODE § 236-15 R. Fill shall not encroach on natural watercourses, constructed channels, wetlands, or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement. S. Trails and walking paths along water bodies shall be sited and constructed so they are not a source of sediment, subject to the approval of the Board of Trustees. T. The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics. However, if the site is adjacent to coastal waters, stormwater shall be contained on-site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters. U. Natural floodplains and major drainage swales shall not be altered, or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and floodwaters. If no practicable 'alternative to the location of development, roadway, driveways, and similar surfaces within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel, floodplain or swale and to approximate the original functions of the undisturbed condition. V. No land having a slope equal to or greater than 20% shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of the Swale, except accessways to shorelines approved by the Board of Trustees shall be permitted. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater overflow. W. On lands having slopes of less than 20%, but composed of highly erodible soils, development proposals shall include consideration of the load-bearing capacity of the soils. Unless it can be demonstrated that ,the soils can be stabilized with a minimum of on-site disturbance and no adverse impacts to the stability of neighboring properties, the development proposal shall not be approved as submitted. X. All -permanent (final) vegetation and mechanical erosion control measures called for in approved plans shall be installed within the time limits specified by the Building Inspector, and no later than the expiration of the municipal permit issued therewith. § 236-14. Approved plans. Plans approved by the Building Inspector in conjunction with the issuance of a drainage control permit shall also be filed with the County Clerk indicating that such plans are binding as against future purchasers, granting the Town permission to enter the property for . compliance enforcement purposes, and containing a summary of the plan's requirements. § 236-15. Variances. A variance may be granted by the Zoning Board of Appeals of the Town of Southold upon receipt of an application from a property owner which meets the criteria for an area variance set forth in § 267-a of the Town Law. 236:10 04-15-2007 § 236-16 STORMWATER MANAGEMENT § 236-16. Inspection; restoration; certificate of occupancy; fines. § 236-16 A. Inspection. Inspection for soil erosion, sedimentation, and runoff control plan compliance shall be conducted by the Building Inspector to determine that the work has been completed in accordance with such plan. The plan may be modified by mutual agreement if, during or after installation, the Building Inspector deems that the installed measures are not adequate to meet the performance standards or if alternatives would better meet the Code requirements. If no agreement is reached, the Building Inspector may require the submission of a modified plan in order to maintain compliance with this chapter. B. Restoration. Any clearing, excavation or development of land in violation of this chapter shall be corrected forthwith after written notice by the Building Inspector. In the event that corrective action is not taken as directed within a reasonable time, the Town may, at its own expense, take corrective action to restore the property or initiate legal action to prevent unlawful or unauthorized activity. The cost of restoration shall become a lien upon the property upon which such unlawful activity occurred. C. Certificate of occupancy. No certificate of occupancy shall be issued by the ,Building Inspector until all work required to be completed pursuant to the plan has been satisfactorily done. D. Fines. Any responsible party undertaking clearing, excavation or development of land in violation of this chapter, or falsifying information in connection with the requirements of this chapter, upon conviction, shall be guilty of a misdemeanor, punishable by a fine of not less than $500 and not more than $2,000. Such person shall be deemed guilty of a separate offense for each day during which a violation of this chapter is committed or continues. E. Enforcement. The Director of Code Enforcement and/or the Building Inspector are responsible for enforcement of the provisions of this chapter and have the authority to issue violations of this chapter. The Town Attorney shall be responsible for prosecution of any such violations. In addition to the above -provided fines, the Town Board may authorize an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. 236:11 04-15-2007 § 240-57 SUBDIVISION OF LAND § 240-59 (1) A resubdivision of nonconforming lots shown on a subdivision map approved by the Planning Board after April 9, 1957, and filed in the office of the Suffolk County Clerk or the Town Clerk, but not held in single -and -separate ownership. However, the reestablishment of the right to build on said lots shall require variance relief from the Zoning Board of Appeals. (2) A resubdivision which involves redrawing original lot lines for the purpose of combining said lots to create conforming parcels shown on a subdivision map approved by the Planning Board after April 9, 1957, and filed in the Office of the Suffolk County Clerk or the Town Clerk. B. The proposed division shall be reviewed by the Town Planning Department, and the office shall inform the Planning Board in writing that the division will have not significant environmental effect, will not make future planning of the affected parcels more difficult or impossible and poses no other immediate or potential problem which would justify more thorough review by this Board. C. Where all the requirements of this section can be met, such a division may be authorized by the Planning Board by resolution. D. Each parcel created by resubdivision shall be shown on a survey prepared by a licensed surveyor and filed in the office of the Planning Board. Any land being transferred by such resubdivision shall be deeded to the owner of the property in identical name so the new area merges with the existing parcel and shares therewith a common identification number on a Suffolk County Tax Map. The deed and legal description for any resubdivided parcel shall be recorded in the Office of the Suffolk County Clerk. § 240-58. When effective; effect on existing plats. These subdivision regulations shall take effect immediately upon approval by the Town Board. However, any subdivision which has received conditional approval of the preliminary plat by the Planning Board prior to the approval or future modification of these regulations may, at the discretion of the. Planning Board, be permitted to be completed under the provisions of the subdivision regulations existing at the time of the approval. ARTICLE XV Enforcement § 240-59. Violations. A. Where a violation of the provisions of this chapter, as adopted and as may be amended, has been committed or exists, the owner of the real property where such violation has been committed or exists, any contract vendee and any grantee of such owner who knowingly participates in such violation, and any agent who has executed an application to the Planning Board on behalf of the owner or contract vendee with respect to such real property and who knowingly participates in such violation shall be guilty of a violation of this chapter. 240:61 04-15-2007 § 240-59 SOUTHOLD CODE § 240-61 B. Any owner of real property who creates a subdivision or who subdivides real property into lots within that part of the Town of Southold outside the limits of any incorporated village without first obtaining approval of the Planning Board of a subdivision map or plat showing the land to be subdivided shall be guilty of a violation of this chapter. Any contract vendee and any grantee of such owner who knowingly participates in such violation shall also be guilty of a violation of this chapter. As used herein the term "subdivision" shall mean a subdivision as defined in -this chapter. C. Where a violation of any provision or condition of any resolution or approval of the Planning Board or of filed covenants and restrictions relating to a subdivision, adopted or granted under the authority of this chapter or Article 16 of the New York State Town Law, has been committed or exists, the owner of the real property where such violation has been committed or exists, any contract vendee and any grantee of such owner who knowingly participates in such violation and any agent who has executed an application to such Planning Board on behalf of the owner or contract vendee with respect to such real property and who knowingly participates in such violation shall be guilty of a violation of this chapter. D. Any person who performs physical work on real property, including but not limited to clearing of land, other site preparation and construction of improvements in violation of this chapter or in violation of any provision or condition of any resolution or approval of the Planning Board relating to subdivision, adopted or granted under the authority of this chapter or Article 16 of the New York State Town Law, shall be guilty of a violation of this chapter. § 240-60. Penalties for offenses. [Amended 1-16-2007 by L.L. No. 3-2007] A. Any person in violation of any provision of this chapter shall be guilty of a violation punishable by a fine not to exceed $1,000 or a period of incarceration not to exceed 15 days, or both such fine and imprisonment. B. This section shall supersede and suspend those provisions of Town Law § 268(1) of the State of New York which pertain to the amount of the fines assessed and/or the terms of imprisonment imposed for a violation of this chapter or subsequent violations of this chapter. § 240-61. Methods of enforcement. The provision of this chapter may be enforced by any method or remedy provided by law. In addition to other remedies provided by law, any appropriate action or proceeding may be instituted to prevent, restrain, correct or abate any violation of this chapter. 240:62 04-15-2007 Chapter 245 TAXATION ARTICLE I Senior Citizen Exemption § 245-1. Partial exemption for.senior citizens. § 245-2. Conditions. § 245-3. Applications. § 245-4. Reapplications. § 245-5. Penalties for offenses. § 245-6. Notice. ARTICLE II Business Investment Exemption § 245-7. Exemption repealed. ARTICLE III Veterans' Exemption § 245-8. Purpose. § 245-9. Amount of exemption. ARTICLE IV Exemption for Disabled Persons With Limited Income § 245-10. Exemption granted. ARTICLE V Exemption for Volunteer Fire Fighters and Ambulance Workers § 245-11. Exemption granted; amount; qualifications. § 245-12. Effective date. § 245-13. Unremarried spouses of volunteer fire fighters or ambulance workers killed in line of duty. § 245-14. Applicability. ARTICLE VI Exemption for War Veterans and Gold Star Parents § 245-15. Definitions. § 245-16. Exemption granted to veterans and Gold Star parents. [HISTORY: Adopted by the Town Board of the Town of Southold as indicated in article histories. Amendments noted where applicable.] ARTICLE I Senior Citizen Exemption [Adopted 4-20-1971] § 245-1. Partial exemption for senior citizens. [Amended 3-12-1985 by L.L. No. 3-1985; 2-2-1993 by L.L. No. 2-1993; 12-27-1994 by L.L. No. 31-1994; 5-28-1996 by L.L. No. 9-1996; 2-4-1997 by L.L. No. 3-1997; 2-29-1998 by L.L. No. 1-1998] 245:1 04-15-2007 § 245-1 SOUTHOLD CODE A. Amount of exemption. § 245-1 (1) Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from Town taxes to the extent provided, subject to the following income limitations: [Amended 9-29-1998 by L.L. No. 16-1998; 1-30-2001 by L.L. No. 3-2001; 3-25-2003 by L.L. No. 6-20.03; 11-18-2003 by L.L. No. 26-2003; 2-13-2007 by L.L. No. 4-20071 Income Extent of Exemption 2007-2008 Limit 25% Up to $25,999 50% $26,000 to $26,999 45%. $27,000 to $27,999 40% $28,000 to $28,999 35% $29,000 to $29,899 30% $29,900 to $30,799 25% „ $30,800 to $31,699 20% $31,700 to $32,599 15% $32,600 to $33,499: 10% $33,500 to $34,399 5% 2008-2009 Limit Up to $26,999 50% $27,000 to $27,999 45% $28,000 to $28,999 40% $29,000 to $29,999 350/, $30,000 to $30,899 30% $30,900 to $31,799 25% $31,800 to $32,699 20% $32,700 to $33,599 15% $33,600 to $34,499 10% $34,500 to $35,399 5% 2009-2010 Limit Up to $27,999 50% $28,000 to $28,999 45% $29,000 to $29,999 40% $30,000 to $30,999 35% $31,000 to $31,899 30% $31,900 to $32,799 25% $32,800 to $33,699 .20% 245:2 04-15-2007 § 245-1 TAXATION Income Extent of Exemption $33,700,to $34,599 15% $34,600 to $35,499 10% $35,500 to $36,399 5% 2010-2011 Limit $31,999 Up to $28,999 50% $29,000 to $29,999 45% $30,000 to $30,999 40% $31;000 to $31,999 351t $32,000 to $32,899 30% $32,900 to $33,799 25% $33,800 to $34,699 20% $34,700 to $35,599 15% $35,600 to $36,499 10% $36,500 to $37,399 5% § 245-2 (2) Such exemption shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed. B. The real property tax exemption on -real property owned by husband and wife, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse, so long as the surviving spouse is at least 62 years of age. C. The above income shall be calculated as described in Real Property Tax Law § 467 and shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and net income from self-employment, but shall not include a return of capital, gifts, inheritances, payments made to individuals because of their status as victims of Nazi persecution as defined in P.L. 103-286 or moneys earned through employment in the federal foster grandparent program, and any such income shall be offset by all medical and prescription drug expenses actually paid which were not reimbursed or paid by insurance. § 245-2. Conditions. [Amended 3-12-1985 by L.L. No. 3-19851 No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum of $34,399 effective July 1, 2006, $35,399 effective July 1, 2007, $36,399 effective July 1, 2008 and $37,399 effective July 1, 2009. "Income tax year" shall mean the twelve-month period for which the owner or owners filed a personal income tax return or, if no return is filed, the calendar year. Where title is vested in 245:3 04-15-2007 § 245-2 SOUTHOLD CODE § 245-3 either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income; salary or earnings; and the net income from self-employment, but not including a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. [Amended 4-5-1988 by L.L. No. 7-1988; 2-6-1990 by L.L. No. 1-1990; 3-27-1990 by L.L. No. 3-1990; 2-2-1993 by L.L. No. 2-1993; 12-27-1994 by L.L. No. 31-1994; 11-18-2003 by L.L. No. 26-2003; 2-13-2007 by L.L. No. 4-2007] B. Unless the title of the property shall have been vested in the owner or one of the owners of the property for at least 24 consecutive months prior to the date of making application for exemption; provided, however, that in the event of the death of either a husband or wife in whose name title of the property shall have been vested at the time of death, and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed also a time of ownership 'by the survivor, and such ownership shall be deemed continuous. for the purposes of computing such period of 24 consecutive months, and provided further that in the event of a transfer by either a husband or wife to the other spouse of all or part of the title to the property, the time of ownership of the property by the transfer or spouse shall be deemed also a time of ownership by the transferee spouse, and such ownership shall be deemed continuous for the purposes of computing such period of 24 consecutive months, and provided further that where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceedings, except a tax sale, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption and such periods of ownership shall be deemed to be consecutive for purposes of this article. Where a residence is sold and replaced with another within the state, the period of ownership of both properties shall be deemed consecutive for the purposes of this article. C. Unless the property is used exclusively for residential purposes. D. Unless the real property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners of the property. § 245-3. Applications. Applications for such exemption must be made by the owner or all of the owners of the property, on forms prescribed by the State Board, to be furnished by the appropriate assessing authority, and shall furnish the information and be" executed in the manner required or prescribed in such forms and shall be filed in such assessor's office on or before the appropriate taxable status date. 245:4 04-15-2007 § 245-4 TAXATION § 245-6 § 245-4. Reapplications. [Amended 3-12-1985 by L.L. No. 3-19851 A. At least 60 days prior to the appropriate taxable status date, the assessing authority shall mail to each person who was granted exemption pursuant to this article on the latest completed assessment roll an application form and a notice that such application must be filed on or before taxable status date and be approved in order for the exemption to be granted. The assessing authority shall, within three days of the completion and filing of the tentative assessment roll, notify by mail any applicant who has included with his application at least one self-addressed, prepaid envelope of the approval or denial of the application; provided, however, that the assessing authority shall, upon the - receipt and filing of the application, send by mail notification of receipt to any applicant who has included two of such envelopes with the application. Where an applicant is entitled to a notice of denial pursuant to this subsection, such notice shall be on form prescribed by the State Board and shall state the reasons for such denial and shall further state that the applicant may have such determination reviewed in the manner provided by law. Failure to mail such application form and notice or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person. B. Notwithstanding any other provisions of this article, in the event that the owner, or all of the owners, of property which has received an exemption pursuant to this article of the preceding assessment roll shall fail to file an application for such exemption on or before the taxable status date, such owner or owners may file, and the assessing authority shall accept the application, executed as if such application has been filed on or before the taxable status date, if such application is filed with the assessing authority on or before the date for the hearing of complaints. § 245-5. Penalties for offenses. [Amended 1-16-2007 by L.L. No. 3-2007] Any person that knowingly makes a false statement in an application under this chapter, or who knowingly allows a person to make a false statement in an application under this chapter, and which application is filed with the appropriate assessing authority, shall be guilty of a violation punishable by a fine of not to exceed $1,000 or a period of incarceration not to exceed 15 days, or both such fine and imprisonment. Upon conviction under this chapter, the person shall be disqualified from applying for an exemption under this chapter for a period of five years from the date of conviction. § 245-6. Notice. [Added 3-12-1985 by L.L. No. 3-1985] The assessing authority shall notify, or cause to be notified, each person owning residential real property in the Town of the provisions of this article, such notice to be sent with each tax bill to such persons, and shall be in such form and content as shall comply with the provisions of Subdivision.4 of § 467 of the Real Property Tax Law. 245:5 04-15-2007 § 245-7 SOUTHOLD CODE § 245-10 ARTICLE II Business Investment Exemption [Adopted 3-22-1977 by L.L. No. 2-1977] § 245-7. Exemption repealed. Pursuant to the authority of Subdivision 7 of § 485-b of the Real Property Tax Law, the partial exemption from taxation, special ad valorem levies and service charges provided by such § 485-b is hereby repealed insofar as such exemption would have been applicable to eligible real property assessed for Town purposes. ARTICLE III Veterans' Exemption. [Adopted 6-27-1995 by L.L.'No. 14-19951 § 245-8. Purpose. The purpose of this article is to maintain the ratio of the amount of the veterans' exemption to the assessed valuation of property on which the exemption was granted when the ratio may change as a result of a revaluation or update of assessments, as authorized by Paragraph (a) of Subdivision 5 of § 458 of the Real Property Tax Law. § 245-9. Amount of exemption. A. If the total assessed value of real property for which an exemption has been granted pursuant to § 458 of the Real Property Tax Law has been increased or decreased as a .result of a revaluation or update of assessments in the Town of Southold, and a material change in level of assessment has been certified by the State Board of Real Property Services for the assessment roll on which such property is assessed, the Assessor shall increase or decrease the amount of such exemption by multiplying the amount of such exemption by the percentage change in level of assessment. B. In accordance with Paragraph (a) of Subdivision 5 of such § 458, if the Assessor receives the certification from the State Board after the final assessment roll has been filed, the Assessor shall certify the amount of the .recomputed exemption to the officer having custody and control of the roll, who is directed and authorized by such statute to enter the recomputed exemption on the roll. - ARTICLE IV Exemption for Disabled Persons With Limited Income [Adopted 5-12-1998 by L.L. No. 7-19981 § 245-10. Exemption granted. A. Real property owned by a person with disabilities whose income is limited by such disabilities, and used as the legal residence of such person, shall be entitled to a partial exemption from taxation to the extent of 50% of assessed valuation. 245:6 04-15-2007 § 245-10 TAXATION § 245-10 B. To be eligible for the exemption authorized by such § 459-c and implemented by this article, the maximum income of such person shall not exceed $26,000 effective July 1, 2006, $27,000 effective July 1, 2007, $28,000 effective July 1, 2008, and $29,000 effective July 1, 2009. Any such person having a higher income shall be eligible for exemption in accordance with the following schedule: [Amended 4-11-2000 by L.L. No. 8-2000; 2-13-2001 by L.L. No. 4-2001; 3-25-2003 by L.L. No. 5-2003; 11-18-2003 by L.L. No. 25-2003; 2-13-2007 by L.L. No. 5-2007] Income Extent of Exemption 2007-2008 Limit $27,999 Up to 325,999 50% $26,000 to $26,999 45% $27,000 to $27,999 40% $28,000 to $28,999 35% $29,000 to $29,899 30% $29,900 to $30,799 25% $30,800 to $31,699 20% $31,700 to $32,599 15% $32,600 to $33,499 10% $33,500 to $34,399 5% 2008-2009 Limit 10% Up to $26,999 50% $27,000 to $27,999 45% $28,000 to $28,999 40% $29,000 to $29,999 35% $30,000 to $30,899 30% $30,900 to $31,799 25% $31,800 to $32,699 20% $32,700 to $33,599 15% $33,600 to $34,499 10% $34,500 to $35,399 5% 2009-2010 Limit Up to $27,999 50% $28,000 to $28,999 45% $29,000 to $29,999 40% $30,000 to $30,999 35% $31,000 to $31,899 30% $31,900 to $32,799 25% $32,800 to $33,699 20% 245:7 04-15-2007 § 245-10 SOUTHOLD CODE § 245-11. Income $33,700 to $34,599 $34,600 to $35,499 $35,500 to $36,399 2010-2011 Limit Up to $28,999 $29,000 to $29,999 $30,000 to $30,999 $31,000 to $31,999 $32,000 to $32,899 $32,900 to $33,799 $33,800 to $34,699 $34,700 to $35,599 $35,600 to $36,499 $36,500 to $37,399 Extent of Exemption 15% 10% 5% 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% . ARTICLE V Exemption for Volunteer Fire Fighters and Ambulance Workers [Adopted 2-25-2003 by L.L. No. 4-2003; amended in its entirety 11-30-2004 by L.L. No. 24-2004] § 245-11. Exemption granted; amount; qualifications. A. Qualifying residential real property, under § 466-c of the New York State Real Property Tax Law, owned by an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service, or such enrolled member and spouse residing in Suffolk County, shall be exempt from taxation to the extent of 10% of the assessed value of such property for city, village, Town, part Town, special district, county or school district purposes, exclusive of special assessments. B. Such exemption shall not be granted to an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service residing in such county unless-.- (1) nless:(1) The applicant resides in the city, Town or village which is served by such incorporated fire company or fire department or incorporated voluntary ambulance service; (2) The property is the primary residence of the applicant; (3) The property is used exclusively for residential purposes; provided, however, that in the event any portion of such property is not used exclusively for the applicant's residence but is used for other .purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section; 245:8 04-15-2007 § 245-11 TAXATION § 245-13 (4) The applicant has been certified by the authority having jurisdiction for the incorporated volunteer fire company or fire department for at least five years or the applicant has been certified by the authority having jurisdiction for the incorporated voluntary ambulance service as an enrolled member of such incorporated voluntary ambulance service for at least five years. It shall be the duty and responsibility of the municipality to determine the procedure for certification. C. Any enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who accrues more than 20 years of active service and is so certified by the authority having jurisdiction for the incorporated voluntary fire company or fire department or incorporated voluntary ambulance service, shall be granted the ten -percent -exemption as authorized by this section for the remainder of his or her life, as long as his or her primary residence is located with the Town of Southold. D. Application for such exemption shall be filed with the-- Assessor or other agency, department or office designated by the municipality offering such exemption on or before the taxable status date on a form as prescribed by the State Board. E. Incorporated volunteer fire companies, fire departments and incorporated volunteer ambulance services shall file lists of their enrolled members eligible for the exemption provided by this section with the Assessor or other agency, department or office designated by the municipality offering such exemption on or before the taxable status date on a form as prescribed by the State Board. F. No applicant who is a volunteer fire fighter or volunteer ambulance worker who, by reason of such status, is receiving any benefit under the provisions of this article on the effective date of the section shall suffer any diminution of such benefit because of the provisions of this section. § 245-12. Effective date. This article shall take effect immediately upon filing in the Office of the Secretary of State and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2005. § 245-13. Unremarried spouses of volunteer fire fighters or ambulance workers killed in line of duty. [Added 6-20-2006 by L.L. No. 9-2006; amended 3-13-2007 by L.L. No. 7-2007] Any exemption granted under § 245-11 to an enrolled member of an incorporated volunteer fire company, fire department, or incorporated volunteer ambulance service shall be extended to suchdeceased enrolled member's unremarried spouse; provided, however, that: A. Such unremarried spouse is certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated volunteer ambulance service as an unremarried spouse of a deceased enrolled member of such 245:9 04-15-2007 § 245-13 SOUTHOLD CODE § 245-15 incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who was killed in the line of duty; and B. Such deceased volunteer died in the line of duty and had been an enrolled member for at least five years; and C. Such deceased volunteer had been receiving the exemption prior to his or her death; or D. Such deceased member had been an enrolled member for at least 20 years; and E. Such deceased volunteer and unremarried spouse had been receiving the exemption prior - to his or her death. § 245-14. Applicability. [Added 6-20-2006 by L.L. No. 9-20061 Section 245-13 shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2006. ARTICLE VI Exemption for War Veterans and Gold Star Parents [Adopted 3-13-2007 by L.L. No. 8-2007] § 245-15. Definitions. As used in this article, the following terms shall have the meanings indicated: GOLD STAR PARENT — A parent of a child who died in the line of duty while serving in the United States Armed Forces during a period of war. PERIOD OF WAR — The Spanish-American War; the Mexican border period; World War I; World War 11; the hostilities known as the "Korean War," which commenced June 27, 1950, and terminated on January 31, 1955; the hostilities known as the "Vietnam War," which commenced December 22, 1961, and terminated on May 7, 1975; and the hostilities known as the "Persian Gulf conflict,". which commenced August 2, 1990. VETERAN — A person: A. Who served in the active military, naval, or air service during a period of war or who was a recipient of the armed forces expeditionary medal, naval expeditionary medal, Marine Corps expeditionary medal or global war on terrorism expeditionary medal, and who was discharged or released therefrom under honorable conditions; or B. Who was employed by the War Shippings Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce or as a civil servant employed by the United States Army Transportation Service (later redesignated as the United States Army Transportation Corps, Water Division) or the Naval Transportation Service; and who served satisfactorily as a crew member during the period of armed conflict, December 7, 1941, to August 15; 1945, aboard merchant vessels in oceangoing (i.e., foreign), intercoastal or coastwise service, as such terms are defined under federal law (46 245:10 04-15-2007 § 245-15 TAXATION § 245-16 U.S.C.A. §§ 10301 and 10501), and further to include near -foreign voyages between the United States, Canada, Mexico or the West Indies via ocean routes or public vessels in oceangoing service or foreign waters and who has received a certificate of release or discharge from active duty and a discharge certificate or an honorable service certificate/report of casualty from the Department of Defense; C. Who served as a United States civilian employed by the American Field Service and served overseas under United States Armies and United States Army Groups in World War II during the period of armed conflict, December 7, 1941, through May 8, 1945, and who was discharged or released therefrom under honorable conditions; or - D. Who served -as a United States civilian flight crew and aviation ground support employee of Pan American World Airways or one of its subsidiaries or its affiliates and served overseas as a result of Pan American's contract with Air Transport Command or Naval Air Transport Service during the period of armed conflict, December 14, 1941, through August 14, 1945, and who was discharged or released therefrom under honorable conditions. § 245-16. Exemption granted to veterans and Gold Star parents. A. The maximum exemption allowable to qualifying residential real property exempt from taxation under § 458-a of the New York Real Property Tax Law, to the extent of 15% of the assessed value, shall be increased from $27,000 to $54,000. B. In addition to the exemption provided by Subsection A of this section, the maximum exemption allowable to veterans who served in a combat theater or combat zone of operations, as documented by the award of the United States Campaign Ribbon or. Service Medal, or the armed forces expeditionary medal, naval expeditionary medal, Marine Corps expeditionary medal, or global war on terrorism expeditionary medal, shall be increased from $27,000 to $36,000. C. The maximum exemption allowable as an additional exemption available to a veteran who has received a compensation rating from a New York veterans organization or the United States Department of Defense because of a service -connected disability, calculated as the product of the assessed value multiplied by 50% of the veteran's disability rating under § 458-a of the New York Real Property Tax Law, is hereby increased from $90,000 to $180,000. D. The County of Suffolk hereby elects to include a Gold Star parent within the definition of "qualified owner" and to include property owned by a Gold Star parent within the definition of "qualifying residential real property," as provided in § 458-a(1)(c) and (d) of the New York Real Property Tax Law, on the condition that such property shall be the primary residence of the Gold Star parent. The exemption granted by Subsections A and B of this section are hereby extended to the primary residences of Gold Star parents located within the Town of Southold. The real property tax exemption provided to Gold Star parents under § 458-a of the New York Real Property Tax Law is hereby extended to such Gold Star parents to the maximum extent permissible under state law. 245:11 04-15-2007 § 245-16 SOUTHOLD CODE § 245-16 E. Where a veteran already receiving an exemption pursuant to § 458 or 458-a of the Real Property Tax Law sells the property receiving the exemption and purchases property within the same Town or Village, the Assessor shall transfer and prorate, for the remainder of the fiscal year, the exemption which the veteran received. The prorated exemption shall be based upon the date the veteran obtains title. to the new property and shall be calculated by multiplying the tax rate or rates for each municipal corporation which levied taxes, or for which taxes were levied, on the appropriate tax roll used for the fiscal year or years during which the transfer occurred times the previously granted exempt amount times the fraction of each fiscal year or years remaining subsequent to the transfer of title. Nothing in this section shall be construed to remove the requirement that any such veteran transferring an exemption pursuant to this section reapply for the exemption authorized pursuant to § 458-a of the Real Property Tax Law on or before the following taxable status date, in the event such veteran wishes to receive the exemption in future fiscal years. 245:12 04-15-2007 Chapter 249 TOBACCO ADVERTISING § 249-1. Legislative intent and findings. § 249-2. Definitions and word usage. § 249-3. Restrictions. § 249-4. Exceptions. § 249-5. Time frame for compliance. § 249-6. Penalties for offenses. § 249-7. Severability. § 249-8. When effective. [HISTORY: Adopted by the Town. Board of the Town of Southold 9-12-2000 by L.L. No. 18-2000. Amendments noted where applicable.] § 249-1. Legislative intent and findings. A. The Town Board and the staff of the Town of Southold reviewed land use studies of the location of tobacco advertising in proximity to schools, parks and child day-care centers. In addition, the Town has examined the actions and codes of other municipalities, including the City of New York and the City of Long Beach. B. The Town Board of the Town of Southold finds that restricting the exposure of minors to advertising regarding tobacco and tobacco products is constitutional when achieved through reasonable, targeted limitations on such advertising in the vicinity of schools and other locations where it is well-established that children tend to congregate. It is the intention of the Town Board to enhance and ' augment compliance with and enforcement of federal, state and local laws prohibiting the sale or distribution of tobacco products to minors, and to protect such minors against such illegal sales. C. The Center for Disease Control and Prevention has reported that, while the rate of adult smoking of tobacco products has decreased nationwide by 50% between 1971 and 1993, the rate of smoking among all high school students has increased by 26% during the years 1991 and 1996 and now stands at the highest rate since 1981. It is further noted that this dramatic increase has occurred contrary fo and at variance with the laws of all 50 states prohibiting sale and distribution of tobacco products to minors, and the pledge of all tobacco product manufacturers to adhere to a voluntary industry _code prohibiting advertising of such products in a manner appealing to minors. D. In 1991, a study of the Journal of the American Medical Association concluded that "...cigarette advertising encourages youth to smoke and should be banned." In 1994, a report of the National Institute of Medicine stated that "...the substantial convergent evidence that advertising and promotion, increase tobacco use by youth is impressive and ... provided a strong basis for legal regulation." In 1995, a report of the federal Center for Disease Control and Prevention found that "...cigarette marketing practices appeared to be the most likely account for [the] increase in teen smoking initiation rates." E. In 1997, Liggett & Myers, Inc., a cigarette manufacturer, made the following acknowledgement in executing a settlement agreement with the Attorney Generals of 17 249:1 04-15-2007 § 249-1 SOUTHOLD CODE § 249-2 states, including the State of New York, "...Liggett acknowledges that the tobacco industry markets to 'youth,' which means those under 18 years of age...". F. Based upon the preponderance of the evidence that tobacco products are advertised and promoted to minors, and that the rate of use of tobacco products by minors has drastically increased contrary to legislation prohibiting the sale or distribution of such products to minors, the Town Board of the Town of Southold hereby finds and declares it to be in the best interests of minors residing and/or otherwise present within the Town to enact affirmative, reasonable and constitutionally permissible restrictions on the advertising of tobacco products. G. By enacting this legislation, it is the intent of the Town Board to promote compliance with and enforcement of federal, state and local laws prohibiting sale or distribution of tobacco products to minors, and therefore, in deference to the protections afforded by the First Amendment to the Constitution of the United States, this legislation has been narrowly drafted to place reasonable time, place and manner restrictions on such advertising in those locations where it is well-established that minors tend to congregate, while not imposing restrictions on such advertising clearly directed to adults. § 249-2. Definitions and word usage. A. Definitions. For the purposes of this chapter, the following terms shall have the meanings indicated herein, unless specifically indicated otherwise: CHILD-CARE CENTER — (1) Includes the following: (a) Any child-care arrangement, public, private or parochial child-care center, school-age child-care program, day nursery school, kindergarten, play school or other similar school or service operating pursuant to authorization, license or permit of New York State. (b) Any facility that provides child-care services as defined in § 410-p of the New York State Social Services Law. (c) Any child day-care center as defined in § 390 of the New York State Social Services Law. (2) Said definition shall apply whether or not care is given for compensation, but shall not include child day-care centers located in private dwellings and multiple dwelling units. CIGARETTE — Includes the following: (1) Any roll of tobacco wrapped in paper or. any other substance not containing tobacco. (2) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance,the type of tobacco contained therein or its packaging and 249:2 04-15-2007 § 249-2 TOBACCO ADVERTISING § 249-2 labeling, is offered for use or purchase as cigarette as described in Subsection (1) of this definition. DWELLING — Includes the following: (1) MULTIPLE DWELLING — Any building or group of buildings designed for or occupied exclusively by three or more families living independently of each other. (2) MULTIPLE DWELLING UNIT —Any separated, independent unit of residential accommodation in a multiple dwelling. (3) PRIVATE DWELLING — Any building or structure or portion thereof that may lawfully be occupied for residential purposes by not more than two families, including,the grounds of such building or structure. PARK — Includes active and passive public lands designated for park purposes by the Town of Southold, County of Suffolk, State of New York, United States of America or any other subdivision of government. PERSON — Any natural person, partnership, copartnership, firm, company, corporation, limited liability corporation, association, joint-stock association or other legal entity. SCHOOL — Includes buildings, structures, premises or places, together with the grounds thereof, which are used primarily for public or private educational facilities at or below the twelfth -grade level, as recognized and defined by the New York State Department of Education, including but not limited to preschools; kindergartens; nursery, elementary, primary, intermediate, junior high, middle, secondary, high, vocational and special. TOBACCO — Includes the following: (1) CIGARETTE TOBACCO — Loose tobacco intended for use in what is commonly advertised as a cigarette. (2) SMOKELESS TOBACCO Includes any cut, ground, powdered or leaf tobacco that is intended to be placed in a person's oral cavity. (3) TOBACCO PRODUCT — Includes a cigarette, smokeless tobacco or cigarette tobacco. TOBACCO PRODUCT ADVERTISEMENT — Includes any written word, picture, logo, symbol, motto, selling message, poster, placard, sign, photograph, device, graphic display or visual image of any kind, recognizable color or pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of tobacco product, or any combination thereof, the purpose or effect of which is to promote the use, sale or distribution of a tobacco product through such means as, but not limited to, the identification of a brand of tobacco product, a trademark of a tobacco product or a trade name associated exclusively with a tobacco product. B. Word usage. Words used in the singular in this chapter shall include the plural and vice versa. The word "shall" is always mandatory. 249:3 04-15-2007 § 249-3 SOUTHOLD CODE § 249-6 § 249-3. Restrictions. It shall be unlawful for any person to place, cause to be placed, maintain or cause to be maintained, a tobacco product advertisement in the following manner: A. In any outdoor area within 1,000 feet, in any direction, of any child day-care center, park or school. B. In the interior of a building or structure which is within 1,000 feet, in- any direction, of any child day-care center, park or school when such advertisement is within five feet of any exterior window or any door which is used for entry to or egress from the building or structure by the public; except that such advertisements may be placed or maintained in the interior of any such premises where they are parallel to said windows or entryways and face inward, or affixed to a wall panel or similar fixture that is perpendicular to said windows or entryways. § 249-4. Exceptions. A. Nothing in this chapter shall prevent a tobacco product manufacturer, distributor or retailer from placing, causing to be placed, maintaining or causing to be maintained, its corporate or other business name on such a building or structure, in any location, where such building or structure or a portion thereof is owned, operated or leased by them as their principal place of business; provided, however, that said corporate or other business name is properly registered or filed in the United States and/or they are duly authorized to do business in any state, and said corporate or business name does not include any tobacco product advertisement as defined in this chapter. B. Nothing contained in this section shall be construed to authorize the placement of any sign, advertising device or tobacco product advertisement in any location where such placement is otherwise prohibited by the Code of the Town of Southold or other applicable law. § 249-5. Time frame for compliance. The owner, operator and/or lessee of any location or premises where tobacco product advertisement is prohibited or restricted pursuant.to the requirements of this chapter shall have 30 days from the effective date of this chapter to remove any noncompliant tobacco product advertisements. § 249-6. Penalties for offenses. [Amended 1-16-2007 by L.L. No. 3-20071 Any person in violation of any provision of this chapter is guilty of an offense punishable by a fine not to exceed $1,500 or a period of incarceration not to exceed 15 days, or both such fine and imprisonment. 249:4 04 - 15 - 2007 § 249-7 TOBACCO ADVERTISING § 249-8 § 249-7. Severability. If any clause, sentence, paragraph, subdivision, section or other part of this chapter shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter, and it shall be construed to have been the legislative intent to enact this chapter without such unconstitutional or invalid parts therein. § 249-8. When effective. This chapter shall take effect immediately upon filing in the office of the Secretary of State of New York. 249:5 04-15-2007 § 253-14 TOURIST AND TRAILER CAMPS § 253-19 camp or trailer park, such fire extinguisher to be so located that each of the units will be within 250 feet of an extinguisher. (5) To report to the Board of Health all cases of communicable diseases or suspected cases of communicable diseases affecting any occupant of the camp. (6) To report immediately to the public authority all violations of law committed by any person or persons within the camp. (7) To install and maintain a sufficient number of telephones as may be required by the Town Board. § 253-15. Entrances and exits; trespass on adjoining property. Each tourist camp shall clearly indicate one or more entrances and exits, the use of which shall be enforced. Where it is established by complaint of adjoining property owners that their property is being trespassed upon by inmates of any tourist camp, it shall -be the duty of the owners, manager or other person responsible to provide a fence or other effective barrier to ensure to such owners of adjoining property protection against trespassing. § 253-16. Screening by plantings. [Amended 11-9-1971] On every tourist camp or trailer camp, a suitable planting of shrubbery will be required to screen the trailer camp from public land and public highways and other areas as may be required. The planting shall be of such type and variety and so located as shall be approved by the Town Board. § 253-17. Other ordinances and regulations. The provisions of this article shall be in addition to and supplementary to the provisions of all other ordinances of the Town of Southold, and where there is any conflict between the provisions of this article and any other ordinance, then the ordinance providing the stricter regulation shall prevail. § 253-18. Nonapplicability. [Amended 4-14-1958] This article shall not apply to any territory included within the Incorporated Village of Greenport. § 253-19. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973; 1-16-2007 by L.L. No. 3-2007] A. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a. violation punishable by a fine not to exceed $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall 253:5 04-15-2007 § 253-19 SOUTHOLD CODE § 253-21 constitute, for each day the offense is continued, a separate and additional offense hereunder. B. In addition to the above -provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article. ARTICLE 11 - Recreational Vehicle Parks [Adopted 6-20-1978 by L.L. No. 4-1978] § 253-20. Definitions. For the purposes of this article, the terms used herein are defined as follows: -CAMPSITE — A plot of ground within a recreational vehicle park intended for the accommodation of a tent for recreational and vacation uses. RECREATIONAL VEHICLE — A portable vehicular unit designed and built to be used for temporary living quarters for recreational, camping or travel uses, which either has its own motive power or is mounted on or drawn by another power -driven vehicle, including travel trailers, motorized homes, pickup coaches and camping trailers, registered and licensed for normal use on the highways of the State of New York. RECREATIONAL VEHICLE PARK — A parcel of land under single ownership, designed and improved for the placement of tents and recreational vehicles as temporary living quarters for recreational or vacation uses. RECREATIONAL VEHICLE SITE — A plot of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle. § 253-21. Site requirements. Each recreational vehicle site and campsite shall be well-defined and permanently marked and shall meet the following requirements: A. Each site shall have a minimum area of 2,500 square feet. B. Recreational vehicles and tents placed upon a site shall have minimum front yard and side yard setbacks of 15 feet and a minimum rear yard setback of 10 feet. C. The area of each site within five feet of the street or roadway shall at all times remain unoccupied and unobstructed. D. Each site shall have a minimum of 50 feet frontage on a street or roadway. E. A recreational vehicle or tent placed upon a site shall not occupy an area in excess of 15% of the total area of the site. 253:6 04-15-2007 § 253-22 TOURIST AND TRAILER CAMPS § 253-22 § 253-22. Roadways and driveways. A. All two-way roadways and driveways within the park shall be not less than 24 feet in width, and all one-way roadways and driveways shall be not less than 15 feet in width 253:6.1 04-15-2007 Chapter 280 ZONING 280:1 04-15-2007 ARTICLE I § 280-18. Bulk, area. and parking General Provisions regulations. § 280-19. Accessory buildings. § 280-1. Title. § 280-2. Purposes: ARTICLE V § 280-3. Interpretation and conflicts. Hamlet Density (HD) Residential District § 280-4. Definitions. § 280-20. Purpose. ARTICLE II § 280-21. Applicability. Districts § 280-22. Use regulations. § 280-23. Bulk, area and parking § 280-5. District designations. regulations. § 280-6. Zoning Map. § 280-7. District boundaries. ARTICLE VI § 280-8. Effect of establishment of Affordable Housing (AHD) District districts. § 280-24. Purpose; applicability of § 280-9. Lot recognition. amendments. § 280-10. Merger. § 280-25. Definitions. § 280-11. Waiver of merger. § 280-26. Applicability. § 280-27. Use regulations. ARTICLE III Agricultural -Conservation (A -C) District § 280-28. Bulk, area and parking and Low -Density Residential R-80, regulations. R-120, R-200 and R-400 Districts § 280-29. Application procedure. § 280-30. General regulations and § 280-12. Purpose. requirements. § 280-13. Use regulations. § 280-31. Administration. § 280-14. Bulk, area and parking § 280-32. Applicability of other Code . regulations. provisions. § 280-15. Accessory buildings and § 280-32.1. Maintenance and upkeep. structures. § 280-33. Penalties for offenses. ARTICLE IV ARTICLE VII Low -Density Residential R-40 District Resort Residential (RR) District § 280-16. Purpose. § 280-34. Purpose. § 280-17. Use regulations. 280:1 04-15-2007 SOUTHOLD CODE § 280-35. Use regulations. § 280-36. Bulk, area and parking regulations. ARTICLE VIII Residential Office (RO) District § 280-37. Purpose. § 280-38. Use regulations. § 280-39. Bulk, area and parking regulations. ARTICLE IX Limited Business (LB) District § 280-40. Purpose. § 280-41. Use regulations. § 280-42. Bulk, area and parking regulations. § 280-43. Front yard setbacks. ARTICLE X Hamlet Business (HB) District § 280-44. Purpose.. § 280-45. Use regulations. § 280-46. Bulk, area and parking regulations. ARTICLE XI General Business (B) District § 280-47. Purpose. § 280-48. Use regulations. § 280-49. . Bulk, area and parking requirements. § 280-50. Front yard setbacks. ARTICLE XII Marine I (MI) District § 280-51. Purpose. § 280-52. Use regulations. § 280-53. Bulk, area and parking regulations. ARTICLE XIII Marine H (MH) District § 280-54. Purpose. - § 280-55. Use regulations. § 280-56. Bulk, area and parking regulations. - 280:2 ARTICLE XIV Light Industrial Park/Planned Office Park (LIO) District § 280-57. Purpose. § 280-58. Use regulations. § 280-59. Bulk, area and parking regulations. § 280-60. Front yard setbacks. ARTICLE.XV Light Industrial (LI) District § 280-61. Purpose. § 280-62. Use regulations. § 280-63. Bulk, area and parking regulations. § 280-64. Front yard setbacks. ARTICLE XVI Density, Minimum Lot Size, and Bulk Schedules § 280-65. Repeal of existing schedule; incorporation of new schedules. § 280-66. Conformance required. 04-15-2007 § 280-4 ZONING § 280-4 COOPERATIVE — A type of resort or multiple residence in which persons have an ownership interest in the entity which owns the building or buildings and, in addition, a lease or occupancy agreement which entitles them to occupy a particular dwelling unit therein, regardless of whether, and in what manner, the dwelling units are managed,, leased or otherwise made available for use by persons other than the owners thereof. COURT, INNER — An open space enclosed on all sides by exterior walls of a building. COURT, OUTER — An open space enclosed on three sides by exterior walls of a building. COURT, DEPTH OF OUTER — The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof. COURT, WIDTH OF OUTER — The linear dimension of the unenclosed side of the court. CUL-DE-SAC — The turnaround at the end of a dead-end street. CURB CUT — The opening along the curbline at which point vehicles may enter or leave the roadway. CURB LEVEL — The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. CUSTOM WORKSHOP — A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order or measure, for sale at retail on the premises only and not including the manufacture of machinery, vehicles, appliances and similar heavy goods and ready-to-wear or standardized products. DECK — Construction attached to a building open to the sky with floor materials built at an elevation above natural grade. Decks are required to have building permits before construction. [Added 5-31-1994 by L.L. No. 10-19941 DEDICATION — The conveyance of a fee or lesser interest in property to public 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. DWELLING, MULTIPLE — A building or portion thereof containing three or more dwelling units. DWELLING, ONE -FAMILY — A detached building containing one dwelling unit only consisting of a minimum living area of 850 square feet. [Amended 4-24-1990 by L.L. No. 8-1990] DWELLING, ROW OR ATTACHED — A one -family dwelling with two common or party walls separating it from adjacent units on both sides. DWELLING, SEMIDETACHED — A one -family dwelling with one wall in common with an adjacent dwelling. 280:11 04-15-2007 § 280-4 SOUTHOLD CODE § 280-4 DWELLING, TWO-FAMILY — A detached building containing two dwelling units only. DWELLING UNIT — A building or entirely self-contained portion thereof consisting of a minimum living area of 850 square feet containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space, other than vestibules, entrance or other hallways or porches, or cooking or sanitary facilities in common with any "dwelling unit." A house trailer, a boarding- or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn, lodging or nursing or similar home or other similar structure shall not be deemed to constitute a "dwelling unit." [Amended 6-19-1990 by L.L. No. 13-19901 EASEMENT — A grant of the use of land for specific purposes. FAMILY — One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five persons 18 years of age or older, exclusive of domestic servants, not related by blood, marriage or adoption shall not be considered a "family." FARM — A site or series of adjoining parcels under single ownership or management devoted to agricultural use. FARM BUILDINGS — All structures useful or necessary for the conduct of agricultural activities, including but not limited to barns, silos, mechanical equipment storage sheds, animal pens or other shelters. FARM STAND — Any structure open to the weather on at least one side, used for the sole purpose of retail sale of produce grown by the owner of the stand on farm acreage within the Town of Southold. Such structure may be one-story or less, roofed or have partial walls and flooring .but may not be completely enclosed except when the business is closed. A farm stand may not be insulated or mechanically heated or cooled by permanent equipment. A truck bed or trailer on wheels, with areas in excess of 20 square feet displaying produce, shall be considered a farm stand. [Added 5-13-1997 by L.L. No. 8-1997] FENCE — A vertical enclosure, solid or partially open, to prevent straying from within or intrusion from without or intended to be used as a visual screen. A "fence" is considered a structure for the purposes of this chapter. FISH PROCESSING — The readying of fish and shellfish for shipping to market, including icing, cleaning, filleting, shucking and the cooking of crabs or lobster, but not including other cooking, canning, freezing, smoking or other fish factory operations. FLAT OR MANSARD ROOF — Any roof that has a pitch of less than 3:12. [Added 1-16-2007 by L.L. No. 2-2007] FLEA MARKET — An out-of-doors market operated only during daylight hours where new or used items are sold from individual locations, with each location being operated independently from other locations. Items sold include but are not limited to household items, antiques, rare items, decorations, used books and used magazines. This shall not 280:12 04-15-2007 § 280-4 ZONING § 280-4 include sales by a nonprofit organization on an occasional basis. [Added 10-17-1995 by L.L. No. 21-1995] FLOOD HAZARD AREA — Land in the floodplain subject to a one -percent or greater chance of flooding in any given year. FLOODPLAIN — The relatively flat area or low lands adjoining the channel of a river, stream, watercourse, canal or any body of standing water which has been or may be covered by floodwater. - FLOOR AREA — The sum of the gross horizontal areas of all floors of the building or buildings on a lot, having a clear height of not 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 projecting less than three feet or any floors or portions thereof contained on terraces or balconies projecting beyond the exterior face of the building. 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 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. FLOOR AREA RATIO — The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet. FOOD CATERING FACILITY — A food preparation operation that prepares food for consumption at a specific off-site location and/or event distinct from the restaurant trade. [Added 4-28-1997 by L.L. No. 6-1997] FOOD PROCESSING FACILITY — A wholesale operation where food is processed from a raw or semiprocessed state to a finished product suitable for resale at retail outlets or to restaurants. A food processing facility shall not include an outlet store, whether accessory or principal. [Added 4-28-1997 by L.L. No. 6-19971 FRATERNAL ORGANIZATION — A nonprofit association of persons bound by a common interest or goal, be it civic, patriotic, charitable, educational or historical. [Added 11-28-1989 by L.L. No. 22-19891 FRONTAGE — The width of a lot at the street line. 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 the others and in which no occupation, business or service for profit is carried on without special permit. GARAGE, PUBLIC — A building, other than a private garage, used for housing or care of gasoline or other power -driven vehicles or where such vehicles are equipped for operation, repaired or kept for renumeration, hire or sale. 280:13 04-15-2007 § 280-4 SOUTHOLD CODE § 280-4 GARAGE, REPAIR — A building, other than a private garage, used for adjustment, painting, replacement of parts or other repair or restoration of motor vehicles or parts thereof, whether or not accessory or incidental to another use. GASOLINE SERVICE STATION — A structure and surrounding land used for the storage and sale of petroleum fuel primarily to motor vehicles and for accessory uses such as the sale of lubricants, accessories or supplies, the incidental washing of motor vehicles and the performing of minor repairs within a building; however, a service station is not a repair garage or a body shop. GOLF COURSE, STANDARD REGULATION — A golfing facility open to the general public for a play greens fee, which is at least 125 contiguous acres of property and contains a regulation eighteen -hole, golf course. The following accessory uses may be included, provided that sufficient land is available: practice tees for instruction purposes, pro shop and school, driving range, snack bar or restaurant, catering and banquet facilities, club houses, course offices, vehicle maintenance shed, employee facilities, locker rooms and showers, swimming pool and tennis courts. [Added 4-28-1997 by L.L. No. 6-1997] GREENHOUSE — A structure for growing plants. GROCERY STORE — A retail establishment dedicating 70% or more of its floor area to the sale of prepackaged or perishable food items. [Added 6-20-2006 by L.L. No. 8-2006] GROUND FLOOR — The first floor of a building other than a cellar or basement. GUEST UNIT — A bedroom -sleeping accommodation for transient guests, which may r or may not include bathroom facilities and shall be occupied by no more than two adult persons and be at least 80 square feet in area. HABITABLE FLOOR AREA — See "floor area, livable." [Added 6-19-1990 by L.L. No. 13-19901 HEALTH CARE FACILITY — A structure and premises regulated by the State of New York and used to provide an integrated range of medical and/or surgical services, primarily for in -patients, on a twenty -four-hour basis. Health services may require surgical facilities, therapeutic and diagnostic equipment rooms, counseling facilities, convalescent care equipment and trauma care services. Out-patient clinics and other forms of ambulatory health care facilities may exist as accessory and integral services to the in-patient services. Supporting or accessory uses may include a kitchen for preparation of patient meals, cafeteria or snack/coffee shop for employees and' visitors, gift shop, laundry, pharmacy and staff offices (for bookkeeping, administration, medical records, etc.).. Shall be otherwise known as a "general or specialized hospital," a "rehabilitation center," "rest home" or "adult home." [Added 11-12-1996 by L.L. No. 20-1996] HEIGHT OF ACCESSORY BUILDING — The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs, and to the 280:14 04-15-2007 § 280-4 ZONING § 280-4 highest point of the ridge for sloping and other type roofs. [Added 1-16-2007 by L.L. No. 2-20071 HEIGHT OF BUILDING — The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs and to the mean height between eaves and ridge for other type roofs. 280:14.1 04-15-2007 § 280-4 ZONING § 280-4 wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and where there is no display of any materials or products. RESIDENTIAL CLUSTER — An area to be developed as a single entity according to a plan, containing residential housing units and having a common or public open space. RESTAURANT — Any premises other than take-out or formula food restaurants where food is commercially sold for on -premises consumption to patrons seated at tables or counters. [Amended 5-16-1994 by L.L. No. 9-1994] RESTAURANT, FORMULA FOOD — A restaurant business required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, decor, external facade or uniforms. [Added 5-16-1994 by L.L. No. 9-1994] RESTAURANT, TAKE-OUT — Any establishment other than a formula food restaurant, whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready -to -consume state, usually served in paper, plastic or other - disposal containers, for consumption within the restaurant building, elsewhere on the premises or for carryout for consumption off the premises. [Amended 5-16-1994 by L.L. No. 9-1994] RETAIL STORE — An enclosed structure where goods are offered for sale to the public as take-out items, including hardware, drugs, food and beverages, furnishings, apparel and similar products. Minor repair services within the establishment may be undertaken as part of product sales. RETAINING WALL — A structure or barrier, the intended use for which is to separate and act as a barrier between two areas of earthen material. [Added 7-13-1993 by L.L. No. 14-19931 RIGHT-OF-WAY LINES — The boundary lines of land used or intended for use as streets, as shown on deeds, plats or the Master Plan, and from which yard and other requirements shall be measured. ROADSIDE FARM STAND or AGRICULTURAL STAND — A booth, stall or display area exceeding 50 square feet in area located on a farm from which agricultural products are sold to the general public. SEPTIC TANK — A watertight receptacle that receives the discharge of sewage from a building, sewer or part thereof and is designed and constructed so as to permit settling of solids, digestion of the organic matter and discharge of the liquid portion into a disposal area. SETBACK — An area extending the full width of the lot, described or a distance between the street right-of-way and building for the full required front yard depth within which no buildings or parts of buildings may be erected. SHOPPING CENTER — A group of retail and service businesses which have an integrated architectural and site design and which have an anchor tenant consisting of either a supermarket or a department store if the anchor tenant encompasses a minimum of 25,000 square feet of area. [Added 5-16-1994 by L.L. No. 9-1994] 280:21 04-15-2007 § 280-4 SOUTHOLD CODE § 280-4 SIGN — Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag or representation which is in the nature of, or which is used as, an announcement, direction or advertisement, for commercial purposes or otherwise. A "sign" includes a billboard and a neon tube, string of lights or similar device outlining or hung upon any part of a building or lot, but does not include the flag or insignia of any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Excluded from this definition are "signs" which are solely devoted to prohibiting trespassing, hunting or fishing. SIGN AREA— Includes all faces of a sign, measured as follows: [Amended 11-29-1994 by L.L. No. 25-1994] (1) When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included. (2) When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area that encompasses all the letters and symbols of the sign, together with the area of any background of a color or material different from the general finish of the building, whether painted or applied. SITE PLAN — A development plan for one or more lots on which- is shown: (1) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways. (2) The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices. (3) Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter for the review and approval of site -plans by the Planning Board. SLOPING ROOF — Any roof that has a pitch equal to or greater than 3:12. [Added 1-16-2007 by L.L. No. 2-2007] SPECIAL EXCEPTION USE — A use that is deemed appropriate in a particular district if specified conditions are met. STORY — That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams. STORY, HALF — Any space, with a minimum clear height of five feet, partially within the roof framing where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more. 280:22 04-15-2007 § 280-13 ZONING § 280-13 subsection shall, within one year from such date, comply with all of the provisions hereof. (b) Individual outdoor tennis court related to residential use on a lot containing a single-family detached dwelling, provided that the same is set back not less than six feet from all lot lines and that there is no lighting for after dark use. (5) Private garages; provided, however, that not more than two passenger automobile spaces in such garages may be leased to persons not resident on the premises. (6) Off-street parking spaces accessory to uses on the premises. Not more than four off-street parking spaces shall be permitted within the minimum front yard. (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 trailer is stored, for his personal use, subject to § 280-78Q, Supplemental parking regulations,13 and the following requirements: (a) Such boat or trailer shall not exceed 30 feet in length. (b) Such boat or trailer shall be stored only in the required rear yard, and the area occupied thereby, together with the area of all buildings in the rear yard, shall not exceed 40% of the area of the required rear yard. (c) Such boat or trailer shall not be located within 15 feet of any street or lot line. (8) Horses and domestic animals other than household pets, provided that such animals shall not be housed within 40 feet of any lot line. Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any line.14 (9) Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one such sale shall be conducted on any lot in any one calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one on -premises sign not larger than six square feet in size displayed for a period of not longer than one week immediately prior to the day of such sale, shall be permitted. (d) A permit shall be obtained therefor from the Town Clerk upon the payment of a fee of $15. [Amended 8-24-1993 by L.L. No. 18-1993] 13. Editor's Note: See now § 280-78P. 14. Editor's Note: Former Subsection C(9), as amended, regarding signs, which previously followed this subsection, was repealed 11-29-1994 by L.L. No. 25-1994. For current sign provisions, see Art. XIX, Signs. 280:37 04-15-2007 § 280-13 ' SOUTHOLD CODE § 280-15 (e) The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by L.L. No. 18-1993] (10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. [Added 11-29-1994 by L.L. No. 26-1994] (11) Child care. [Added 11-124996 by L.L. No. 20-19961 § 280-14. Bulk, area and parking regulations. [Added 9-3-1996 by L.L. No. 16-19961 No building or premises shall be used and no building or part thereof shall be erected or altered in the A -C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Scheduler$ incorporated into this chapter with the same force and effect as if such regulations were set forth herein full. § 280-15. Accessory buildings and structures. [Amended 4-10-1990 by L.L. No. 6-1990; 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 271991; 12-22-1992 by L.L. No. 33-1992; 1-16-2007 by L.L. No. 2-20071 In the Agricultural -Conservation District and Low -Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Minimum Setback for Side Lot Size Maximum Height and/or Rear Yard (square feet) (feet) (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10,000 - 19,999 20 15 10,000 - 19,999 22 20 15. Editor's Note: The Bulk Schedule is included at the end of this chapter, and the parking Schedule is in § 280-78A. 280:38 04-15-2007 § 280-15 ZONING § 280-15 Minimum Setback for Side Lot Size Maximum Height and/or Rear Yard (square feet) (feet) (feet) 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 C. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed 3% of the total size of the parcel. D. Dormers are permitted on accessory buildings up to 40% of the roof width. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front -yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above, 280:38.1 04-15-2007 § 280-131 ZONING § 280-131 (6) Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. C. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee shall make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic Preservation Commission for a certificate of appropriateness under Chapter 170, Historic Landmark Preservation Law, of this Code shall not also be referred to the Architectural Review Committee for review. [Amended 2-13-2007 by L.L. No. 6-2007] D. Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed 30 days, determine whether to require revisions to the proposed plan. E. No decision on the application shall be made until the State Environmental Quality Review Act60 process is completed. F. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward the plan to the Building Inspector for final review and certification. (2) Forward the plan to the Fire Commissioner of the fire district within which the site is located for a determination as to whether a fire well is needed and, if so, its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the provision of the Suffolk County Charter, if necessary. G. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. H. The Planning Board shall hold a public hearing to consider the application. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. Notwithstanding this requirement, with respect to applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines 60. Editor's Note: See Art. 8 of the Environmental Conservation Law. 280:127 04-15-2007 § 280-131 SOUTHOLD CODE § 280-132 that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to waive the public hearing requirement and may act on such application by filed resolution at a duly noticed public meeting. I. Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. J. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. K. A .guaranty of performance may be required for all public improvements as part of the conditions of approval. Such guaranty shall be based on a listing of required site improvements in accordance with Chapter 240, Subdivision of Land, of this Code. L. Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. M. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with . the provisions of the Town Code, The Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such denial. § 280-132. Duration of plan. A. An approved site development plan shall be valid for a period of three years from the date of approval. All work proposed on the plan shall be completed within three years from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. B. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained. 280:128 04-15-2007 Chapter DL DISPOSITION LIST § DL -1. Disposition of legislation. The following is a chronological listing of legislation of the Town of Southold adopted since January 1, 2005, indicating its inclusion in the Code_ or the reason for its exclusion. [Enabling legislation which is not general and permanent in nature is considered to be non -Code material (NCM).] Consult municipal records for disposition of prior legislation. § DL -1. Disposition of legislation. Local Law Adoption No. Date Subject Disposition 1-2005 1-18-2005 Zoning amendment Ch. 280 2-2005 3-1-2005 Transfer of development rights Ch. 117 3-2005 3-1-2005 Sidewalks amendment Ch. 237 4-2005 3-29-2005 Zoning amendment Ch. 280 5-2005 4-12-2005 Community preservation fund: Southold Ch. 17, Art. II community preservation project plan amendment 6-2005 5-24-2005 Domestic partnerships amendment Ch. 121 7-2005 5-24-2005 Littering amendment Ch. 174 8-2005 6-7-2005 Zoning amendment Ch. 280 9-2005 6-7-2005 Highway specifications amendment Ch. 161 10-2005 6-7-2005 Highway specifications amendment Ch. 161 11-2005 6-7-2005 Vehicles and traffic amendment Ch. 260 12-2005 8-2-2005 Zoning amendment Ch. 280 13-2005 8-16-2005 Landmark preservation amendment Ch. 170 14-2005 9-27-2005 Vehicles and traffic amendment Ch. 260 15-2005 10-4-2005 Moratorium on applications and permits NCM for retail stores 16-2005 10-11-2005 Coastal erosion hazard areas amendment Ch. 111 17-2005 10-11-2005 Wetlands and shoreline amendment Ch. 275 18-2005 10-25-2005 Zoning amendment Ch. 280 19-2005 12-6-2005 Vehicles and traffic amendment Ch. 260 1-2006 1-3-2006 Moratorium on applications and permits NCM for retail stores DL:1 04-15-2007 § DL -1 SOUTHOLD CODE § DL -1 Local Law Adoption No. Date Subject Disposition 2-2006 1-31-2006 Community Preservation Project Plan Ch. 17, Art. II amendment 3-2006 2-14-2006 Code of Ethics amendment . Ch. 26 4-2.006 3-14-2006 Moratorium on applications and permits NCM for retail stores 5-2006 3-28-2006 Zoning amendment Ch. 280 6-2006 4-11-2006 Zoning Map -amendment NCM 7-2006 6-6-2006 Waterfront consistency review Ch. 268 " amendment 8-2006 6-20-2006 Zoning amendment Ch. 280 9-2006 6-20-2006 Tax exemption for volunteer fire fighters Ch. 245, Art. V and ambulance workers amendment 10-2006 6-20-2006 Zoning amendment Ch. 280 11-2006 6-20-2006 Adoption of renumbering of Code Ch. 1,,Art. II 12-2006 8-8-2006 Zoning amendment Ch. 280 13-2006 9-5-2006 Zoning Map amendment NCM 14-2006 9-5-2006 Community Preservation Fund: Ch. 17, Art. IV two -percent real estate transfer tax amendment 15-2006 11-21-2006 Penalties amendment Chs. 100; 135; 144;228;233; 264 16-2006 12-19-2006 Fire prevention and building code Ch. 144 administration amendment 1-2007 1-16-2007 Youth Bureau Ch. 68 2-2007 1-16-2007 Zoning amendment Ch. 280 3-2007 1-16-2007 Penalties amendment Chs. 96, Arts. III and V; 104; 139;. 157, Art. I; 166; 174; 205; 211; 215, Parts 1 and 2; 219, Art. II; 240; 245, Art. I; 249; 253, Art. 1 4-2007 2-13-2007 Taxation: senior citizen exemption Ch. 245, Art. I amendment 5-2007 2-13-2007 Taxation: exemption for disabled persons Ch. 245, Art. IV with limited income amendment 6-2007 2-13-2007 Zoning amendment Ch. 280 DL:2 04-15-2007 § DL -1 Local Law Adoption No. Date 7-2007 3-13-2007 8-2007 3-13-2007 9-2007 3-27-2007 DISPOSITION LIST § DL -1 Subject Disposition Tax exemption for volunteer fire fighters Ch. 245, Art. V and ambulance workers amendment Tax exemption for war veterans and Ch. 245, Art. VI Gold Star parents Stormwater management Ch. 236 DL:3 04-15-2007 SOUTHOLD INDEX DEFINITIONS NOTE: For the Definitions, 75-2 Harbor management, 157-11 convenience of the Code user, all Disorderly conduct, 75-8 Parks and recreation areas, 193-2, terms defined in this Code are in- Emergency, 75-1, 75-2, 75-5, 193-9 cluded in the Index under the 75-6 Sewers and sewage disposal, heading "Definitions and Abbre- False alarms, 75-5, 75-6 215-37, 215-38 viations." Fees, 75-4 Subdivision of land, 240-44 Fine, 75-8 Waterfront consistency review, Intentional false alarms, 75-5 268-3 Investigation, 75-1 Zoning, 280-13, 280-17, 280-58, - A - Penalties for offenses, 75-5, 75-6, 280-62, 280-78, 280-85, 75-8 280-98, 280-99, 280-111 ABANDONMENT Permit, 75-3, 75-4 ANTENNAS Buildings, unsafe, 100-3 Purpose, 75-1 Zoning, 280-68, 280-70, 280-72, Harbor management, 157-8 Rules and regulations, 75-6 280-73 Sewers and sewage disposal, Severability, 75-7 APARTMENTS 215-37, 215-43 ALCOHOLIC BEVERAGES Zoning, 280-4, 28043, 280-22, Subdivision of land, 240-37 Parks and recreation areas, 193-9 280-27, 280-38, 280-45, Vehicles and traffic, 260-23 Police department rules and regu- 280-48, 280-78 Vehicles, motor -driven, 264-19 lations, A290-15, A290-24 APPEALS Zoning, 280-74, 280-88 Public Consumption, 79-1, 79-2 Coastal erosion hazard areas, ACCESSORY BUILDINGS AND Consumption of alcoholic 111-24 -111-26 STRUCTURES beverages in public re- Community preservation fund Fire prevention and building con- stricted, 79-1 17-34 struction, 144-8 Penalties for offenses, 79-2 Ethics, 26-13 Landmark preservation, 170-7 Vehicle, 79-1 Expenses of town officers, 30-1 Wetlands and shoreline, 275-2, ANCHORING Farm stands, 135-3 275-5 Boats, docks and wharves, 96-3, Flood damage prevention, 148-4, Zoning, 280-4, 280-13, 280-15, 96-7, 96-11, 96-12, 96-22, 148-22 280-19, 280-22, 280-104, 96-23 Landmark preservation, 170-11 280-107, 280-116, 280-149, Coastal erosion hazard areas, Public entertainment and special 280-154 111-13 events, 205-1 ACCESSORY USES Flood damage prevention, Records, 59-8, 59-10 Zoning, 280-4, 280-13,280-15, 148-14, 148-16, 148-18, Subdivision of land, 240-45, 280-17, 280-22, 280-27, 148-21 240-57 280-35, 280-38, 280-41, Harbor management, 157-4, Waterfront consistency review, 280-45,280-48,280-52, 157-6 2684,268-5 280-55,280-58, 280-62, ANIMALS Zoning, 280-4, 280-9, 280-11, 280-78,280-127 Community preservation fund, 280-13, 280-17, 280-22, ADOPTION OF RENUMBERED 17-4 280-28, 280-31, 280-35, 2006 CODE Dog License Fees, 83-16 280-38, 280-41, 280-45, General provisions, 1-14 -1-18 Dogs, 83-6 - 83-15 280-48, 280-52,280-55, ADVERTISING Arrest warrant, 83-9 280-58, 280-62,280-70, Tobacco advertising, 249-1- Confinement, 83-12 280-78, 280-79, 280-81, 249-5 Disposition, 83-12 280-86, 280-92, 280-100, Zoning, 280-80, 280-81, 280-85 Enforcement, 83-7 280-121, 280-130, 280-131, AGRICULTURAL LANDS Filing of complaints, 83-8 280-137, 280-140 --280-142, PRESERVATION Fine, 83-13 280-144 - 280-150, 280-154 Acquisition of development Hunting, 83-6 APPEARANCE TICKETS rights, 70-4 Impoundment, 83-I1 - 83-12 Appearance tickets, 5-I - 5-3 Alienation of development rights, Leash, 83-6 Certain public servants authorized 70-5 Penalties for offenses, 83-13 to issue appearance tickets, Definitions, 70-3 Permit, 83-6, 83-9 5-2 Hearing, 70-4, 70-5 Prohibited activities, 83-6 Dogs, 5-2 Improvement, 70-2 Redemption, 83-12 Parking, 5-2, 5-3 Open space, 70-2 Seeing Eye dogs, 83-10 Purpose, 5-1 Permits, 70-5 Seizure of dogs at large, 83-11 Safety, 5-2 Purpose, 70-2 Severability, 83-14 Sanitation, 5-2 Sale, 70-4, 70-5 Summons, 83-9 Service of appearance tickets, 5-3 Severability, 70-6 When effective, 83-15 Signs, 5-2 Title, 70-1 Ducks, 83-1- 83-5 Vehicles, 5-2 AIR CONDITIONING Deposit of waste matter in ASBESTOS Sewers and sewage disposal, Town waters prohibited, Sewers and sewage disposal, 215-36 83-4 215-43 AIR POLLUTION Keeping of ducks for private ASHES Zoning, 280-77, 280-111 use, 83-2 Parks and recreation areas, 193-2 ALARM SYSTEMS Penalties for offenses, 83-5 Sewers and sewage disposal, Alarm device, 75-2 - 75-3, 75-6 Permit, 83-1, 83-3, 83-4 215-38 Charges for false alarms, 75-6 Water, 83-3, 83-4 04-15-2007 SOUTHOLD INDEX ASSESSMENTS Bingo permitted, 92-2 Water, 96-26 Buildings, unsafe, 100-5, 100-9 Leased premises, 92-4 Water pollution, 96-26 Coastal erosion hazard areas, License, 92-2, 92-3 Fuel, 96-16 111-10 Management and operation, Garbage, 96-8 Development rights, transfer of, 92-9 Gas, 96-17 117-7 Maximum value of all prizes Gases, 96-16 Ethics, 26-13 on one occasion, 92-8 Hazards to navigation, 96-10 General provisions, 1-4 Maximum value of single Hunt, 96-20 Littering, 174-5 prize, 92-7 • Inspection, 96-24 Public hearings, notice of, 55-1 Penalties for offenses, 92-11 Internal-combustion engines, Sewers and sewage disposal, Purchase of bingo equipment, 96-17 215-5,215-33, 215-50, 92-5 Liable, 96-10, 96-25 215-52 Purpose, 92-1 Lien, 96-10, 96-25 Soil removal, 228-6 Remuneration prohibited, Lighting, 96-14 Subdivision of land, 240-7, 92-10 Manner of operation, 96-13 240-44 Use of proceeds, 92-6 Mattituck Creek, 96-23 Taxation, 245-4, 245-8 - 245-9, Games of Chance, 92-12 - 92-15 Mooring and anchoring, 96-22 245-11,245-12 Approval by electors, 92-15 Mooring permits, 96-24 Waterfront consistency review, Definitions, 92-12 Mooring without a permit, 96-25 268-3, 268-5 Games of chance authorized, Mufflers, 96-17 - Wetlands and shoreline, 275-4, 92-13 Noise, 96-17 275-6 License, 92-13, 92-14 Notice, 96-10, 96-13, 96-25 Zoning, 280-45, 280-70, 280-88, Restrictions, 92-14 Obstruction and Use of Town 280-92, 280-133, 280-159 BLOCK Waters, 96-1- 96-3 ASSESSORS Fire prevention and building con- Anchoring, 96-3 Election, 9-1, 9-2 struction, 144-8 Issuance of permits by Board Approval by referendum, 9-2 Flood damage prevention, 148-21 of Trustees, 96-3 Continuation as elective office, Subdivision of land, 240-10, Permit, 96-1, 96-3 9-1 240-17, 240-21, 240-45 Restricted areas at end of Number, 9-3 - 9-5 Zoning, 280-4, 280-116,280-133 Town highways, 96-2 Amendment of Session Laws, BOATS, DOCKS AND Operation of boats near beaches 9-3 WHARVES and bathers, 96-11 Approval by referendum, 9-5 Administration and Enforcement, Operators, 96-15 Conditions as to effectiveness, 96-30 - 96-33 Parade, 96-16 9-4 Compliance required, 96-33 Parks, 96-15 Enforcing officer, 96-30 Permit, 96-15, 96-18, 96-20, Fine, 96-33 96-24,,96-25 - B - Hearing, 96-31- 96-32 Public Docks, 96-4, 96-5 Meeting, 96-32 Definitions, 96-4 BACKFILLING Notice of violation, 96-31, Monopolization of docks, Streets and sidewalks237-13 , 96-32 bulkheads and landing Subdivision of land, 240-36 Notices, 96-31- 96-33 places prohibited, 96-5 Wetlands and shoreline, 275-11 Penalties for offenses, 96-33 Ramps, 96-9 BARRICADES Permit, 96-31- 96-33 Record, 96-10, 96-25 Buildings, unsafe, 100-8 Anchoring, 96-7, 96-11, 96-12, Registration, 96-10, 96-24 Sewers and sewage disposal, 96-22, 96-23 Regulation of personal watercraft 215-43 Applicability, 96-6 and specialty prop -craft, Streets and sidewalks, 237-12, Aquatic events, 96-18 96-16 237-13 Bathing and swimming, 96-19 Safety, 96-14, 96-15 BATTERIES Boats, 96-6 - 96-25 Sale, 96-10, 96-25 Junkyards, 166-1 Definitions, 96-7 Sanitary regulations, 96-8 BICYCLES Disabled, 96-10 Scuba diving, 96-20 Applicability, 88-8 Drug, 96-15 Short title, 96-6 Carrying children, 88-5 Dumping, 96-8 Signs, 96-23, 96-24 Coasting, 88-5 Emergency, 96-17 Spearfishing, 96-21 Cutouts prohibited, 88-4 Equipment, 96-14 Speed limits, 96-13 General provisions, 1-2 Explosive, 96-16 Storage, 96-10, 96-25 Light required, 88-1 Floating Homes, 96-26 - 96-29 Towing, 96-12 Operation of bicycle, 88-3 Definitions, 96-27 Unnavigable boats, 96-10 Parks, 88-1- 88-3, 88-5 Emergency, 96-26 Vehicle, 96-9, 96-24 Penalties for offenses, 88-7 Legislative findings, 96-26 Water, 96-12, 96-16 Use of bell or whistle as alarm, Permit, 96-28 Water-skiers, 96-12 88-2 Pollution, 96-26 BOND Use of sidewalks, 88-6 Prohibited acts, 96-28 Coastal erosion hazard areas, Vehicles, 88-1- 88-6 Recreation areas, 96-26 111-15, 111-27, 111-28 BINGO AND GAMES OF Safety, 96-26 General provisions, 1-4 CHANCE Severability, 96-29 Highway specifications, 161-46, Bingo, 92-1- 92-11 Storage, 96-26 161-49 2 04-15-2007 Housing fund, 34-4 Sewers and sewage disposal, 215-42 Soil removal, 228-8, 228-9 Streets and sidewalks, 237-9, 237-18 Subdivision of land, 240-3, 240-7, 240-20,240-23,240-25, 240-30 - 240-35, 240-37, 240-45 Wetlands and shoreline, 275-9 Zoning, 280-73, 280-137 BRUSH, GRASS AND WEEDS Burning, outdoor, 104-1, 104-2 Highway specifications, 161-16, 161-30 Shellfish, 219-1 Solid waste, 233-4 Tourist and trailer camps, 253-5 BUFFERS Coastal erosion hazard areas, 111-12 Stormwater management, 236-13 Subdivision of land, 240-3, 240-17,240-21,240-43, 240-49 Wetlands and shoreline, 275-2, 275-5,275-7,275-11 Zoning, 280-73, 280-92, 280-94 - 280-96, 280-118, 280-143 BUILDING INSPECTOR Buildings, unsafe, 100-4 -100-6, 100-8,100-9 Development rights, transfer of, 117-7 Electrical inspections, 126-3 Filming, 139-8 Flood damage prevention, 148-11 Soil removal, 228-4 Streets and sidewalks, 237-28 Waterfront consistency review, 268-6 Zoning, 280-6, 280-8, 280-13, 280-31, 280-70, 280-81, 280-85, 280-88, 280-92, 280-109, 280-127, 280-130, 280-131, 280-146, 280-151 - 280-155 BUILDING PERMITS Development rights, transfer of, 117-8 Electrical inspections, 126-3 Ethics, 26-21 Fire prevention and building con- struction, 144-3, 144-16 Landmark preservation, 170-5, 170-6 Sewers and sewage disposal, 215-41 Streets and sidewalks, 237-25, 237-26 Subdivision of land, 240-25 Zoning, 280-8 - 280-10,280-31, 280-70,280-114,280-121, 280-124, 280-125, 280-127, 280-130,280-134,280-140, 280-151 - 280-153 SOUTHOLD INDEX BUILDINGS, UNSAFE Abandonment, 100-3 Assessment, 100-5, 100-9 Barricades, 100-8 Building Inspector, 100-4 - 100-6,100-8,100-9 Costs and expenses, 100-9 Demolition, 100-3, 100-8, 100-9 Emergency, 100-3, 100-4, 100-8 Emergency measures to vacate, 100-8 Fine, 100-10 Hearing, 100-6 Inspection, 100-4,100-8 Liability, 100-10 Lien, 100-9 Notices, 100-5 -100-8, 100-10 Penalties for offenses, 100-10 Permit, 100-3, 100-4 Purpose, 100-2 Record, 100-7 Report, 100-4 Safety, 100-2, 100-3 Service of notice, 100-5 Severability, 100-11 Title, 100-1 Unsafe buildings, 100-1, 100-3 Unsafe buildings and premises prohibited, 100-3 Vehicles, 100-3, 100-4 When effective, 100-12 BURNING Burning, outdoor, 104-1, 104-2 Fire prevention and building con- struction, 144-8 General provisions, 1-2 Junkyards, 166-3, 166-7 BURNING, OUTDOOR Agreement with Fire District, 104-1 Brush, 104-1, 104-2 Burning, 104-1,104-2 Exclusions, 104-4 Fine, 104-5 Fires, 104-1-104-3 Grass, 104-1, 104-2 Grass fires, 104-2 Penalties for offenses, 104-5 Permit, 104-1, 104-2 Supervision of fires, 104-3 BUS STOPS Vehicles and traffic, 260-21, 260-27 _C_ CARNIVALS Public entertainment and special events, 205-1 CEMETERIES Zoning, 280-13 CERTIFICATES OF APPROVAL Subdivision of land, 240-21 CERTIFICATES OF COMPLI- ANCE Electrical inspections, 126-3 Flood damage prevention, 148-14 3 Wetlands and shoreline, 275-10, 275-13 Zoning, 280-4, 280-13 CERTIFICATES OF INSUR- ANCE Filming, 139-3, 139-11 CERTIFICATES OF OCCU- PANCY Development rights, transfer of, 117-11 Electrical inspections, 126-3 Ethics, 26-21 Fire prevention and building con- struction, 144-14, 144-16, 144-17 Stormwater management, 236-16 Streets and sidewalks, 237-25 Subdivision of land, 24049 Zoning, 280-4, 280-10, 280-13, 280-31, 280-33, 280-85, 280-112, 280-130, 280-151, 280-154 CESSPOOLS Sewers and sewage disposal, 215-2, 215-4, 215-5, 215-7, 215-8, 215-11, 215-12, 215-19,215-21,215-22, 215-27, 215-28,215-37, 215-39 Soil removal, 228-4 Wetlands and shoreline, 275-3, 275-5 CHURCH Sewers and sewage disposal, 215-41 Streets and sidewalks, 237-20 Vehicles and traffic, 260-17 Zoning, 280-38, 280-48,280-143 CLUSTER DEVELOPMENT Subdivision of land, 240-10, 240-42 - 240-45 Zoning, 280-137 COASTAL EROSION HAZARD AREAS Administration and Enforcement, 111-27 -111-34 Bond, 111-27, 111-28 Coastal erosion management permit, 111-27 Conflicts, 111-31 Environmental review, 111-33 Fine, 111-34 Hearing, 111-27 Inspections, 111-29 Interpretation, 111-30 Notice of violations, 111-29 Penalties for offenses, 111-34 Permit, 111-27, 111-28, 111-31 Powers and duties of Adminis- trator, 111-29 Records, 111-29 Reports, 111-27, 111-29 Severability, 111-32 Sign, 111-29 Variances, 111-27 Water, 111-29 Amendments, 111-35,111-36 04-15-2007 SOUTHOLD INDEX Certification, 111-36 Soil removal, 228-7 Legislative findings, 17-12 Hearing, 111-35 COMMERCIAL VEHICLES Meeting, 17-13 Newspaper, 111-35 Solid waste, 233-1, 233-4 Open space, 17-12 Notice, 111-35 Zoning, 280-78, 280-110 Purpose, 17-12 Procedure, 111-35 COMMITTEES, APPOINT- Severability, 17-14 Report, 111-35 MENT OF When effective, 17-15 Emergency Activities, 111-17 — Committee members, 13-2 Two -Percent Real Estate Transfer 111-19 Duties, 13-3 Tax, 17-19 —17-40 Applicability, 111-17 Effect on statutory provisions, Additional exemptions, 17-25 Emergency, 111-17 —111-19 13-5 Appeal, 17-34 Improper or insufficient notifi- Establishment of committees, Applicability, 17-21 cation, 111-19 13-1 Apportionment of considera- Notification, 111-18, 111-19 Expenses, 13-4 tion subject to tax for Permit, 1 I1-19 Meeting, 13-3 property located only Safety, 111-17, 111-18 Minutes, 13-3 partly within Town, 17-33 General Provisions, 111-1— When effective, 13-6 Confidentiality, 17-37 111-6 COMMUNICABLE DISEASES Confidentiality of transfer tax Definitions, 111-6 Police department rules and regu- returns, 17-37 Enactment, 111-1 lations, A290-45 Cooperative housing corpora - Findings, 111-5 Tourist and trailer camps, 253-14 tion transfers, 17-27 Grading, 111-6 Zoning, 280-13 Credit, 17-26 Purpose, 111-4 - COMMUNITY PRESERVATION Definitions, 17-20 Title, 111-2 FUND Deposit and disposition of Water, 111-5, 111-6 Community Preservation Fund revenue, 17-31 Well, 111-4, 111-5 Advisory Board, 17-16 — Designation of agent by When effective, 111-3 17-18 County Treasurer, 17-28 Wildlife, 111-6 Community Preservation Fund Determination of tax, 17-34 Regulations, 111-7-111-16 Advisory Board estab- Easement, 17-24 Anchored, 111-13 lished, 17-16 Effective date, 17-40 Assessment, 111-10 Membership, 17-16 Exemptions from tax, 17-24 Beach area, 111-12 Purpose, 17-16 Filing of return, 17-22 Bluff area, 111-14 Severability; 17-17 Hearing, 17-34 Bond, 111-15 When effective, 17-18 Imposition of tax, 17-21 Buffer, 111-12 Southold Community Preserva- Inspection, 17-37 Drainage, 111-14 tion Fund, 17-1-17-11 Insurance, 17-32, 17-34 Dune area, 111-13 Acquisition of interests in Interest and civil penalties, Erosion protection structures, property, 17-7 17-36 111-15 Alienation of land acquired us- Intergovernmental -agreement Establishment, 111-7 ing fund moneys, 17-9 authority, 17-38 Excavation, 111-10 Animal, 17-4 Judicial review, 17-32 Fine, 111-11 Definitions, 17-4 Legislative findings, 17-19 Gas, 111-10 Easement, 17-9 Liability, 17-23, 17-29, 17-31, Grade, 111-10-111-13 Effective date, 17-11 17-34-17-35 Nearshore area, 111-11 Findings, 17-2 Liens, 17-27, 17-35 Obstructions, 111-11, 111-13 Hearing, 17-7 Natural features, 17-19 Open space, 111-13 Improvements, 17-8 Notice, 17-32, 17-34 Permit, 111-8 —111-15 Legislative purpose, 17-3 Open space, 17-24 Record, 111-10 Management of lands acquired Parks, 17-24 Structural hazard area, 111-10 pursuant to chapter, 17-8 Payment of tax, 17-22 Traffic control, 111-16 Open space, 17-4, 17-8, 17-9 Penalty, 17-35, 17-36 Vehicles, 111-16 Parking, 17-8 Petition to Town Supervisor, Water, 111-7, 111-10, 111-13, Parks, 17-4 17-34 111-14 Public hearing and other re- Proceedings to recover tax Well, 111-13 quirements, 17-7 due, 17-35 Wildlife, 111-12 —111-15 Purposes of fund, 17-6 Purpose, 17-19 Variances and Appeals, 111-20— Sale, 17-9 Records, 17-22, 17-34, 17-35 111-26 Severability, 17-10 Referendum requirement, Coastal Erosion Hazard Board Southold Community Preser- 17-40 of Review, 111-24 vation Fund established, Refunds, 17-30 Expiration, 111-23 17-5 Report, 17-34 Fees, 111-22 Title, 17-1 Sale, 17-24 Format and procedure, 111-21 Water, 17-8 Severability, 17-39 Hearing, 111-23 Wildlife, 17-4, 17-8 Use of tax, 17-21 Notice, 111-25 Southold Community Preserva- COMPREHENSIVE PLAN Variances from standards and tion Project Plan, 17-12 — Flood damage prevention, 148-22 restrictions, 111-20 17-15 Soil removal, 228-6 COMBUSTIBLE Community preservation pro - Junkyards, 166-1, 166-7 ject plan adopted, 17-13 4 04-15-2007 SOUTHOLD INDEX Subdivision of land, 240-3, 240-4, Apartment, 280-4 Central alarm station, 75-2 240-10, 240-11, 240-19, Apartment house, 280-4 Certificate of compliance, 280-4 240-42, 240-43,240-53 Appeal, 1484 Certificate of occupancy, 2804 Zoning, 280-29 Appear and appear before, 26-2 Cesspool, 215-2 CONFIDENTIALITY Applicant, 240-3, 275-2, 280-4 Channel system, 96-7 Community preservation fund, Application, 275-2 Child care, 280-4 17-37 Application for development, Child-care center, 249-2 Police department rules and regu- 280-4 Chlorine demand, 215-36 lations, A290-41 Aquaculture, 275-2 Cigarette, 249-2 CONFLICTS OF INTEREST Archives, 59-13 Cigarette tobacco, 249-2 Ethics, 26-3 Area of shallow flooding, 148-4 Clean fill, 236-4 CONSTRUCTION PERMITS Area of special flood hazard, Clearing, 240-3, 275-2 Sewers and sewage disposal, 148-4 Clerk, 275-2 215-16 As -built plans, 275-2 Clerk of the Planning Board, CONTAGIOUS DISEASES ASTM, 215-36 240-3 Peddlers, solicitors and transient Attendant, 233-1 Club, beach, 280-4 retail merchants, 197-6 Authorized private receptacle, Club, membership or country or CROSSWALKS 174-1 golf, 280-4 Subdivision of land, 240-3 Auto, 166-2 Club, yacht, 280-4 CURB - Automobile sales lot or building, Cluster, 240-3, 2804 Highway specifications, 161-4, 280-4 Coastal area, 268-3 161-34, 161-38, 161-41, Automobile trailer or house car, Coastal assessment form (caf), 161-45, 161-46 253-1 268-3 Police department rules and regu- Auto repair shop, 280-4 Coastal erosion hazard area map, lations, A290-37, A290-38 Base flood, 148-4 111-6 Streets and sidewalks, 237-16 Basement, 148-4,2804 Coastal erosion hazard line, 275-2 Subdivision of land, 240-17, Bay, 275-2 Coastal high -hazard area, 148-4 240-21, 240-45 Beach, 111-6, 275-2 Coastal waters, 111-6 Vehicles and traffic, 260-27 Bed -and -breakfast, 280-4 Coastline, 111-6 Zoning, 280-4, 280-55, 280-78, Berm, 280-4 COD (denoting chemical oxygen 280-92, 280-131, 280-133, Best -management practice, 236-4 demand), 215-36 280-137 Billboard, 280-4 Combined sewer, 215-36 Block, 280-4 Commercial agriculture, 275-2 Bluff, 111-6, 275-2 Commercial dock, 275-2 - D - Bluff line, 275-2 Commercial purposes, 219-7 Board, 215-2, 275-2 Commercial self -haulers, 233-1 DEFENSE AND INDEMNIFICA- Boarding- and tourist houses, Commercial vehicles, 233-1 TION 280-4 Commission, 64-3 Adoption of statutory provisions, Board of appeals, 280-4 Committee, 70-3, 185-3 21-1 Board or Department of Public Common driveway, 240-3 Town to provide defense for em- Health, 253-1 Common open space, 280-4 ployees, 21-2 Boats, 96-7 Communicable disease, A290-45 DEFINITIONS AND ABBRE- Boat/vessel, 275-2 Community preservation, 17-4 VIATIONS BOD (denoting "biochemical Community preservation project Access, 280-4 oxygen " 215-36 yg demand"), plan, Accessory apartment, 280-4 Body fluids, A290-45 Complainant,A290-36 Accessory building or structure, Bowriding, 96-7 Comprehensive plan, 240-3 280-4 Accessory structure, 275-2 Breakaway wall, 148-4 Condominium, 280-4 Breezeway, 280-4 Conservation, 240-3, 275-2 Accessory use, 280-4 Buffer area, 240-3, 275-2 Conservation areas, primary, Acquisition, 185-3 Buildable area, 280-4 240-3 Actions, 268-3 Buildable lands, 240-3, 280-4 Conservation areas, secondary, Adaptive reuse, 170-3 Building, 148-4, 280-4 240-3 Addition, 280-4 Building area, 280-4 Conservation easement, 240-3 Administrative permit, 275-2 Building connection lateral, Conservation subdivision, 240-3 Administrator, 111-6 215-36 Consideration, 17-20 Advisory board, 17-4 Building drain, 215-36 Consistent, 268-3 Aesthetics, 275-2 Building Inspector, 236-4 Construction, 236-4 Agency, 268-3 Building line, 280-4 Construction and demolition (c Agricultural debris, 233-1 Building or house sewer, 215-36 & d) debris, 233-1, Agricultural lands, 70-3 Building permit, 144-3 275-2 Agricultural production, 70-3 Bulkhead, 275-2, 280-4 Consumer price index, 280-25 Agriculture, 236-4,240-3, 275-2, Camp cottage, 253-1 Continuing care facility, 280-4 280-4 Campsite, 253-20 Controlling interest, 17-20 Agriculture reserve area, 240-3 Cans, 233-1 Conveyance, 17-20,280-25 Alarm installation, 75-2 Carter, 215-2 Cooling water, 215-36 Alienation, 70-3, 185-3 Catwalk, 275-2 Cooperative, 280-4 Alteration, 170-3, 280-4 Cellar, 148-4, 280-4 Corrugated cardboard, 233-1 5 04-15-2007 SOUTHOLD INDEX Court, depth of outer, 280-4 Excavation, 2364 Gold star parent, 245-15 Court, inner, 280-4 Existing manufactured home park Golf course, standard regulation, Court, outer, 280-4 f or subdivision, 148-4 280-4 Court, width of outer, 280-4 Existing resource and site analy- Grading, 111-6,236-4,240-3 Crawl space, 148-4 sis plan (ersap), 240-3 Grantee, 17-20 Creeks, 275-2 Existing structure, 111-6 Grantor, 17-20 Critical environmental areas, Expansion to an existing manu- Greenhouse, 280-4 275-2 . factured home park or subdi- Grievance, 47-1 Crops, livestock and livestock vision, 148-4 Grocery store, 280-4 products, 280-98 Facade, 170-3 Groin, 275-2 Crosswalk, 240-3 False emergency alarm, 75-2 Ground floor, 280-4 Cul-de-sac, 280-4 Family, 280-4 Guest, 219-7 Cul-de-sac (court), 240-3 Family/household, A290-36 Guest unit, 280-4 - Cultural features, 240-3 Family offense, A290-36 Habitable floor area, 280-4 Curb cut, 280-4 Farm, 280-4 Habitat, 275-2 Curb level, 280-4 Farm buildings, 280-4 Habitat fragmentation, 275-2 Curbline, 260-1 Farm stand, 280-4 Handbill, 174-1 Customer or client, 26-2 Federal emergency management Harvesting, 275-2 Custom workshop, 280-4 agency, 148-4 * Health care facility, 280-4 Days, 47-1 Fence, 2804 Height of accessory building, Debris line, 111-6 Filling, 236-4 280-4 Dec, 215-36 Final plat, 240-3 Height of building, 280-4 Deck, 275-2, 280-4 Final plat approval, 240-3 Highest adjacent grade, 148-4 Decking, 275-2 Fire departments, 75-2 Highway, 237-5 Dedication, 280-4 Fire or police alarm device, 75-2 Historic, 170-3 Demolition, 170-3 Fish processing, 280-4 Historical society, 280-4 Department, 47-1, A29046 Fixed dock, 275-2 Historic building, 280-4 Development, 148-4, 236-4 Flat or mansard roof, 2804 Historic significance, 64-3 Development right, 70-3, 185-3 Flea market, 2804 Historic structure, 1484 Development rights, 117-2 Floating dock, 275-2 Holidays, 260-1 Dial alarm, 75-2 Floating home, 96-27 Home business office, 280-4 Direct actions, 268-3 Floating home marina, 96-27 Home occupation, 280-4 Direct alarm, 75-2 Flood boundary and floodway Homeowners' or homes associa- Discharge, 2364 map (fbfm), 148-4 tion, 275-2, 280-4 District, 215-2, 215-36 Flood elevation study, 148-4 Home professional office, 280-4 Dock, 275-2 Flood hazard area, 280-4 Horticulture, 275-2 Dock length, 275-2 Flood hazard boundary map Hotel or motel, resort, 280-4 Domestic or sanitary sewage, (fhbm), 148-4 Hotel or motel, transient, 280-4 215-36 Flood insurance rate map (firm), Housing, 34-3 Drainage right -of --way, 240-3 148-4 Illegal dumping, 233-1 Drainage systems, 236-4 Flood insurance study, 1484 Illicit discharges, 236-4 Drain field, 215-2 Flood or flooding, 148-4 Immediate family member, 26-2 Drain layer or licensed drain Floodplain, 280-4 Immediate project area, 275-2 layer, 215-36 Floodplain or flood -prone area, Immediate supervisor, 47-1 Dune, 111-6, 275-2 148-4,240-3 Impervious surface, 236-4, 275-2 Dwelling, 249-2 Floodproofing, 148-4 Income eligible individu- Dwelling, multiple, 280-4 Floodway, 148-4 als/families, 34-3 Dwelling, one -family, 280-4 Floor area, 280-4 Industrial sewage or wastes, Dwelling, row or attached, 280-4 Floor area, livable, 280-4 215-36 Dwelling, semidetached, 280-4 Floor area ratio, 280-4 Interest in real property, 17-20 Dwelling, two-family, 280-4 Food catering facility, 280-4 Intrusion, 75-2 Dwelling unit, 280-4 Food processing facility, 280-4 Jetty, 275-2 Easement, 215-2, 240-3, 280-4 Fraternal organization, 280-4 Junkyard, 280-4 Eel, 219-7 Frontage, 280-4 Landmark designation, 280-4 Elevated building, 148-4 Front or frontage, 237-23 Landscaping, 2804 Emergency alarm, 75-2 Functional bulkhead, 275-2 Landward, 275-2 Employee, 47-1 Functional jetty/groin, 275-2 Laws and ordinances, A290-46 Energy Code, •144-3 Functionally dependent use, Licensing authority, 75-2 Engineer, 240-3 148-4 Life care community, 280-4 Environment, 268-3 Fund, 17-4,17-20, 34-3 Light industrial uses, 2804 Erosion, 111-6,236-4 Gabion, 275-2 Light industry, 280-4 Erosion control, 275-2 Garage, private, 280-4 Litter, 174-1 Erosion hazard area, 111-6 Garage, public, 280-4 Living area, 280-4 Erosion protection structure, Garage, repair, 280-4 Loading berth, 280-4 111-6 Garbage, 174-1, 215-36 Local administrator, 148-4 Erosion, sedimentation and Gasoline service station, 280-4 Local waterfront revitalization stormwater runoff control Gift and financial benefit, 26-2 program or lwrp, 268-3 plan, 2364 Glass, 233-1 Lot, 240-3, 2804 04-15-2007 SOUTHOLD INDEX Lot area, 280-4 New manufactured home park or Police headquarters, 75-2 Lot, corner, 280-4 subdivision, 148-4 Pond, 275-2 Lot coverage, 280-4 Newspaper, 174-1,233-1 Preexisting nonpermitted and/or Lot depth, 2804 Nonconforming building or strut- nonconforming structures, Lot, interior, 280-4 ture, 280-4 275-2 Lot line, 280-4 Nonconforming lot, 280-4 Preliminary plat, 240-3 Lot line, front, 280-4 Nonconforming use, 280-4 Preservation, 240-3 Lot line modification, 240-3 Nondisturbance buffer, 275-2 Primary dune, 111-6 Lot line, rear, 280-4 Nonfertilizer, 275-2 Primary frontal dune, 148-4 Lot line, side, 280-4 Nonrecyclable waste, 233-1 Principal building, 280-4 Lot, rear or flag, 280-4 Nonturf buffer, 275-2 Principally above ground, 148-4 Lot, through, 280-4 Normal maintenance, 111-6 Principal use, 280-4 Lot width, 280-4 NPDES, 215-36 Private dwelling, 249-2 Lower- and moderate -cost hous- Nursery school, 280-4 Private premises, 174-1 ing, 280-4 Off duty, A290-46 Private warehousing, 280-4 Lowest floor, 148-4 Officer, A290-46 Proactive restoration, 275-2 Low -profile jetties, 275-2 Official map, 240-3 Probable cause, A290-36 Low -sill bulkhead, 275-2 Official time standard, 260-1 Professional, A290-46 Main floor, 280-4 Off -premises sign, 280-4 Professional office, 280-4 Maintenance dredging, 275-2 Off-street parking space, 280-4 Public parking lot, 260-1 Major addition, 111-6 On duty, A290-46 Public place, 174-1 Man-made pond, 275-2 One -hundred -year flood, 148-4 Public property, 264-3 Manufactured home, 148-4 One -hundred -year floodplain, Public sewer, 215-36 _ - Manufactured home park or sub- 236-4 Public warehousing, 280-4 division, 148-4 On-site system, 215-2 Public water: public sewer, 280-4 Manufacturing, 280-4 Open development area, 240-3 Real property, 17-20 Map, 237-23 Open space, 2804 Receding edge, 111-6 Marina, 96-27,275-2 Open space or open area, 185-3 Receiving district, 117-2 Marina or boat basin, 2804 Operations, 275-2 Recession rate, 111-6 Master plan, 280-4 Order of protection, A290-36 Recording officer, 17-20 Material, 275-2 Ordinary and usual maintenance, Records, 59-13 Mean high water (mhw), 275-2, 275-2 Records center, 59-13 280-4 . Original structure, 275-2 Records disposition, 59-13 Mean low water, 111-6 Outdoor storage, 2804 Records management, 59-13 Mean low water (mlw), 275-2 Outside employer or business, Recreation, active, 240-3 Mean sea level, 148-4 26-2 Recreational areas, 193-1 Member, A29046 Owner, 237-23,280-4 Recreational facilities, 2804 Minor actions, 268-3 Park, 174-1, 249-2 Recreational vehicle, 148-4, Mobile home, 148-4 Park and recreation fee, 240-3 253-20,2804 Moderate -income family, 280-25 Park dedication, 240-3 - Recreational vehicle park, 253-20 Moderate -income family dwelling Parking lot, 280-4 Recreational vehicle site, 253-20 unit, 280-25 Partial self-service gasoline ser- Recreation facility, commercial, Moderate -income family unim- vice station, 280-4 2804 proved lot, 280-25 Patent lands, 275-2 Recreation, passive, 240-3 Monopolize, 964,275-2 Patio, 2804 Recyclable, mandated, 233-1 Mooring, 275-2 Peak lunar tides, 275-2 Recyclable, other, 233-1 Motel, resort, 280-4 Peddler, 197-2 Recyclable wood, 233-1 Motel, transient, 2804 Performance bond, 240-3 Refuse, 174-1, 233-1 Movable structure, 111-6 Performance guaranty, 280-4 Regulated activity, 111-6 Multiple dwelling, 249-2 Period of war, 245-15 Regulation equipment, A290-46 Multiple dwelling unit, 249-2 Permanent fixed improvement, Regulatory floodway, 148-4 Municipal permit, 236-4 280-25 Relative, 26-2 National geodetic vertical datum Permanent mooring, 96-7 Removal, 170-3 (ngvd)", 148-4 Permanent resident, 219-7 Research laboratory, 280-4 Natural buffer, 240-3 Permit holder, 144-3 Residential, 275-2 Natural drainage, 236-4 Person, 17-20, 26-2, 96-4, 96-27, Residential cluster, 280-4 Natural features, resources or sys- 111-6, 144-3, 166-2, 174-1, Residential dock, 275-2 tems, 240-3 197-2,215-2, 215-36, 233-1, Residential horticulture, 275-2 Natural outlet, 215-36 237-5,249-2, 275-2, 280-4 Residential self -haulers, 233-1 Natural protective feature, 111-6, Personal watercraft, 96-7 Resource buffer area, 275-2 236-4 pH, 215-36 Responsible party, 236-4 Natural protective feature area, Pier, 275-2 Restaurant, 2804 111-6 Pier line, 275-2 Restaurant, formula food, 280-4 Natural watershed, 2364 Planning board, 280-4 Restaurant, take-out, 2804 Nearshore area, 111-6 Planning board or board, 240-3 Restoration, 111-6 Net worth, 280-25 Plastics, 233-1 Resubdivision, 240-3 New construction, 148-4 Plat, 2804 Retail store, 280-4 Platform, 275-2 Retaining wall, 275-2, 280-4 04-15-2007 SOUTHOLD INDEX Revetment, 275-2 Structural alteration, 280-4 Wetland boundary or boundaries Right-of-way lines, 2804 Structural components, 275-2 of wetland, 275-2 Riprap, 275-2 Structural hazard area, 111-6 Wetlands (freshwater), 275-2 Roadside farm stand or agricul- Structure, 70-3, 111-6, 148-4, Wetlands (tidal), 275-2 tural stand, 280-4 185-3,236-4, 275-2, 280-4 Wharf, 275-2 Rubbish, 174-1 Subdivision, 240-3 Width of creek, 275-2 Rules, 130-2 Subordinate of a town officer or Wireless communication facility, Rural significance, 64-3 employee, 26-2 280-4 Salvage center, 211-1 Subsoil drainage, 215-36 Wireless communications, 2804 Sand dunes, 148-4 Substantial damage, 1484 Yard, 280-4 Sanitary flow credit, 117-2 Substantial improvement, 1484 Yard, front, 2804 Sanitary sewer, 215-36 Subtidal, 275-2 Yard line, 280-4 Scalp net, 219-7 Superintendent, 193-1, 215-36, Yard, rear, 2804 Scavenger waste pretreatment fa- 237-5 Yard, side, 280-4 cility, 215-2 Superior officer, A29046 Yield, 240-3 Scenic significance, 64-3 Supervisory officer, A290-46 Youth, 68-2 School, 249-2 _ Suspended solids, 215-36 Youth service project, 68-2 Secondary dune, 111-6 Swimming pool, 280-4 Zone, 2804 Sedimentation, 236-4 Taxpayer, 219-7 Zoning Board, 280A Sending district, 117-2 Telecommunication tower, 280-4 Zoning Map, 280-4 Septage (scavenger waste), 215-2 Temporary anchoring, 96-7 DEMOLITION Septic tank, 215-2, 280-4 Temporary resident, 219-7 Buildings, unsafe, 100-3, 100-8, Seqra, 240-3 Tidal waters, 275-2 100-9 Servicing, 59-13 Tobacco, 249-2 Fire prevention and building con - Setback, 275-2,280-4 Tobacco product, 249-2 struction, 144-5, 144-8 Sewage, 215-36 Tobacco product advertisement, - Highway specifications, 161-21 Sewage treatment plant, 215-2, 249-2 Landmark preservation; 170-2 — 215-36 Toe, 111-6 170-7,170-9,170-10 Sewage works, 215-36 Topsoil, 236-4 Solid waste, 233-1, 2334 Sewer or drain, 215-36 Tourist camp, 253-1, 2804 Wetlands and shoreline, 275-2, Sheathing, 275-2 Tourist cottage, 280-4 275-5 Shellfish, 219-7 Town, 17-20,34-3,130-2,174-1, Zoning, 280-140 Shopping center, 280-4 237-5,275-2 DESIGN STANDARDS Shoreline structure, 275-2 Town agency, 130-2 Flood damage prevention, Sign, 2804 Town board, 237-5, 280-4, 148-14,148-18 Sign area, 280-4 A290-46 Subdivision of land, 240-36 Significant fish and wildlife habi- Town garbage bag, 2334 Zoning, 280-72 tat, 111-6 Townhouse, 280-4 DEVELOPMENT RIGHTS, Silt boom, 275-2 Town officer or employee, 26-2 TRANSFER OF Site plan, 280-4 Town of Southold, 75-2 Assessment, 117-7 Site preparation, 236-4 Town supervisor, 17-20 Building Inspector, 117-7 Sloping roof, 28011 Town waters, 96-27, 219-7, 275-2 Building permit, 117-8 Slugs, 215-36 Trail, 240-3 Certificate of occupancy, 117-11 Smokeless tobacco, 249-2 Trailer or mobile home, 280-4 Covenants and restrictions, 117-9 Solicitor and/or canvasser, 197-2 Transfer of development rights, Definitions, 117-2 Sound, 275-2 117-2 Determination of sanitary flow Spawner sanctuary, 275-2 Transfer station, 233-1 credit to be deposited into Special exception use, 280-4 Transient retail business, 197-2 TDR Bank, 117-5 Special projects coordinator, Treasurer (county treasurer), Development Rights Bank, 117-3 280-25 17-20 Easement, 117-3, 117-6 Specialty prop -craft, 96-7 Tropical hardwood, 275-2 Expiration, 117-11 Split -rail fence, 275-2 Trustees, 275-2 Hearings, 117-5, 117-.7,117-10, Standard subdivision, 240-3 Unit, 253-1 . 117-12 Start of construction, 148-4 Unlicensed motor -driven vehicle, Irreversible transfer, 117-6 Storm sewer or storm drain, 264-3 Meeting, 117-7 215-36 Unregulated activity, 111-6 Newspaper, 117-7 Stormwater, 215-36 Usable open space, 280-4 Notice, 117-7, 117-8, 117-10 — Stormwater runoff, 236-4 Use, 280-4 117-12 Story, 280-4 Use, accessory, 2804 Open space, 117-1 Story, half, 280-4 Variance, 148-4 Permit, 117-7,117-8 Street, 237-23, 280-4 Vegetated wetlands, 275-2 Procedure for transfer of devel- Street, arterial, 240-3 Vegetation, 111-6 opment right from the TDR Street, collector, 240-3 Vehicles, 174-1, 193-1 Bank to receiving district, Street line, 280-4 Veteran, 245-15 117-7 Street, local, 240-3 Waler, 275-2 Purpose and intent, 117-1 Street or right-of-way width, Watercourse, 215-36 Report, 117-7 240-3 Water -dependent uses, 275-2 Return of credit, 117-12 Stripping, 2364 Revocation, 117-10 8 04-15-2007 SOUTHOLD INDEX Sales, 117-3, 117-4, 117-9 240-32, 240-35 - 240-37, 240-26 - 240-28, 240-42, Sanitary flow credit certificate, 240-41, 240-44, 240-51 240-44, 240-51, 240-54 117-8 Tourist and trailer camps, 253-5, Wetlands and shoreline, 275-11 Sanitary flow credit transfer, 253-22 Zoning, 280-3,280-4, 280-133 117-4 Wetlands and shoreline, 275-5 - ELECTRICAL INSPECTIONS School, 117-7 275-7,275-11 Administration, 126-1 Water, 117-7 Zoning, 280-4, 280-73, 280-78, Building Inspector, 126-3 DIRT 280-91, 280-127, 280-129, Building permit, 126-3 Highway specifications, 161-9 280-133 Certificate of compliance, 126-3 Parks and recreation areas, 193-2 DRIVEWAYS Certificate of occupancy, 126-3 Peddlers, solicitors and transient Highway specifications, 161-39, Designation of Inspectors, 126-2 retail merchants, 197-10 161-46 Duties of Electrical Inspector, Sewers and sewage disposal, Littering, 174-2 126-3 215-21, 215-37 Soil removal, 228-4 Emergency, 126-3 Streets and sidewalks, 237-20 Subdivision of land, 240-3, Inspections, 126-1-126-3 DISABILITY -240-45 Insurance, 126-2 Police department rules and regu- Tourist and trailer camps, 253-3, Penalties for offenses, 126-5 lations, A290-3 253-10 - 253-11, 253-22 Permit, 126-3 _ DISABLED BOATS Vehicles and traffic, 260-9, Reports, 126-3 Boats, docks and wharves, 96-10 260-15,260-17, 260-18, Restrictions on materials, 126-4 Harbor management, 157-12 260-27 Severability, 126-6 DISCRIMINATION Wetlands and shoreline, 275-3, When effective, 126-7 Personnel, 47-2 275-5 ELEVATORS DISORDERLY CONDUCT Zoning, 280-48, 280-73, 280-78, Flood damage prevention, 148-16 Alarm systems, 75-8 280-85, 280-92, 280-93, Zoning, 280-104 Police department rules and regu- 280-137 EMERGENCIES lations, A290-9, A290-15 DRUG Police department rules and regu- Sewers and sewage disposal, Boats, docks and wharves, 96-15 lations, A290-11 215-40 Taxation, 245-1 Streets and sidewalks, 237-13 DOGS Vehicles, motor -driven, 264-15 EMERGENCY Animals, 8376 - 83-12, 83-16 ' Zoning, 280-13 Alarm systems, 75-1, 75-2, 75-5, Appearance tickets, 5-2 DUMP 75-6 Parks and recreation areas, 193-9 Highway specifications, 161-19, Boats, docks and wharves, 96-17, Peddlers, solicitors and transient 161-21 96-26 retail merchants, 197-5, Junkyards, 166-7 Buildings, unsafe, 100-3, 100-4, 197-10 Parks and recreation areas, 193-2 100-8 DOMESTIC PARTNERSHIPS DUMPING Coastal erosion hazard areas, Fees, 121-5 Boats, docks and wharves, 96-8 111-17 -111-19 Filing of statements, 121-5 Junkyards, 166-3 Electrical inspections, 126-3 Penalty, 121-4, 121-5 Sewers and sewage disposal, Flood damage prevention, 148-4, Purpose and objectives, 121-2 215-27 148-6,148-9, 148-10, Record, 1214 Solid waste, 233-1, 233-2, 233-6 148-13 -148-15, 148-22 Requirements, 121-3 DUST Harbor management, 157-6 Statement of domestic partner- Highway specifications, 161-23 Highway specifications, 161-20 ship, 121-4 Peddlers, solicitors and transient Housing fund, 34-2, 34-6 Title, 121-1 retail merchants, 197-10 Parks and recreation areas, 193-3 DRAINAGE Soil removal, 228-2, 228-5, 228-7 Police department, 51-4 Coastal erosion hazard areas, Zoning, 280-13,280-48, 280-58, Police department rules and regu- 111-14 280-62, 280-91, 280-99, lations, A290-3, A290-33 Fire prevention and building con- 280-111, 280-143 Sewers and sewage disposal, struction, 144-10 215-23, 215-38 Flood damage prevention, Streets and sidewalks, 237-13, 148-12, 148-15 -148-17, - E - 237-22 148-19 Subdivision of land, 240-10, Highway specifications, 161-2 - EASEMENTS 240-42 161-4, 161-8, 161-9, 161-13, Community preservation fund, Vehicles and traffic, 260-23, 161-18, 161-25, 161-27 - 17 - 9,17-24 Vehicles, motor -driven, 264-18 161-33, 161-36,161-45 Development rights, transfer of, Waterfront consistency review, Junkyards, 1664 117-3,117-6 268-3 Sewers and sewage disposal, Generai l provisions, - i 4 1 Zoning, 280-13, 280-137, 215-28,215-36, 215-38, Highway specifications, 161-2 - 280-143 215-39 161-4, 161-13, 161-18 EMERGENCY VEHICLES Soil removal, 228-2,228-4, Landmark preservation, 170-4 Flood damage prevention, 148-22 228-5, 228-7 Sewers and sewage disposal, Highway specifications, 161-20 Subdivision of land, 240-3, 240-4, 215-2, 215-20, 215-43, Vehicles, motor -driven, 264-18 240-7, 240-9 - 240-11, 21544 240-17, 240-19 - 240-21, Subdivision of land, 240-3, 240-23, 240-25, 240-30, 240-10, 240-17, 240-21, 9 04-15-2007 ENVIRONMENTAL IMPACT STATEMENT Environmental quality review, 130-9-130-14 Subdivision of land, 240-18, 240-19, 240-22,240-25 ENVIRONMENTAL QUALITY REVIEW Actions involving more than one agency,130-18 Compliance required, 130-3 Decision to approve or disap- prove action, 130-14 Definitions, 130-2 Environmental impact statement, 130-9-130-14 Exceptions, 130-3 Fee, 130-19 Filing of copy of determination, 130-16 Filing of written statement by ap- plicant, 130-5 Hearing, 130-10 —130-12 Inspection, 130-17 Maintenance of files open to pub- lic inspection, 130-17 Meetings, 130-7 Newspaper, 130-6, 130-10 Notice of completion of draft en- vironmental impact state- ment, 130-10 Notice of completion of final en- vironmental impact state- ment, 130-13 Notice of receipt of complete ap- plication, 130-6 Notices' 110-6,130-10,130-13, 130-17 Permits, 130-5 Preparation of draft environ- mental impact statement, 130-9 Preparation of final environ- mental impact statement, 130-12 Processing of proposed actions, 130-8 Processing of proposed actions not affecting environment, 130-11 Required findings in written de- termination, 130-15 Time limit, 130-14 Time limit for written determina- tion by agency, 130-7 Title, 130-1 Types of actions, 130-4 When effective, 130-20 EROSION AND SEDIMENTA- TION Stormwater management, 236-13 Waterfront consistency review, 268-2 Wetlands and shoreline, 275-3 ETHICS Code of Ethics, 26-1, 26-2 Definitions, 26-2 Legislative intent, 26-1 SOUTHOLD INDEX Disclosure Requirements, 26-17 — 26-20 Annual disclosure, 26-17 Applicant disclosure, 26-20 Designation of officers and employees required to file annual disclosure state- ments, 26-18 Licenses, 26-17 Maintenance of disclosure statements, 26-19 Permits, 26-17 Retirement, 26-17 Variances, 26-17 Ethics Board, 26-21— 26-25 Building permits, 26-21 Certificates of f occupancy, 26-21 Establishment of Ethics Board, 26-21 Inspection, 26-25 Investigations, 26-21 — 26-23, 26-25 Licenses, 26-21 Meeting, 26-21 Permits, 26-21 Powers of the Ethics Board, 26-22 Public inspection of Ethics Board records, 26-25 Records, 26-23, 26-25 Reports, 26-25 Review of lists and disclosure statements, 26-24 Penalties, 26-26 — 26-28 Debarment, 26-28 Liable, 26-26 Penalties for offenses, 26-26 Voidable contracts, 26-27 Rules of Conduct, 26-3 — 26-16 Appeals, 26-13 Appearances, 26-10 Assessment, 26-13 Avoidance of conflicts, 26-4 Confidential information, 26-11 Conflicts of interest, 26-3 Exclusion from Code of Eth- ics, 26-16 General prohibition, 26-5 Gifts, 26-8 Goal, 26-3 Inducement of others and brib- ery, 26-15 Political solicitation, 26-12 Record, 26-7 Recusal, 26-6 Recusal procedure, 26-7 Representation, 26-9 Restriction on elected official or member of board, 26-13 Revolving door, 26-14 EXCAVATIONS Coastal erosion hazard areas, 111-10 Fire prevention and building con- struction, 144-8 10 Highway specifications, 161-2, 161-17, 161-18, 161-25, 161-29, 161-30, 161-36 Sewers and sewage disposal, . 215-42 —215-43 Soil removal, 228-1, 228-3 — 228-7 Stormwater management, 236-10, •236-13 Streets, and sidewalks, 237-4, i 237-6,237-9, 237-11- 237-13, 237-16 Subdivision of land, 240-36 Wetlands and shoreline, 275-11 Zoning, 280-114,280-129 EXPENSES OF TOWN OFFI- CERS Appeals, 30-1 Compensation for expense of at- tendance at official meetings, 30-1 Meetings, 30-1 EXPLOSION HAZARD Sewers and sewage disposal, 215-38 EXPLOSIVES Boats, docks and wharves, 96-16 Junkyards, 166-1 Sewers and sewage disposal, 215-38 Zoning, 280-58, 280-62, 280-111 —F— FALSE ALARMS Alarm systems, 75-5, 75-6 FARM STANDS Appeals, 135-3 Fees, 1354 Legislative intent, 135-1 Nonconforming farm stands, 135-5 Parking, 135-3 Penalties for offenses, 135-6 Permit, 135-2 —135-4, 135-6 Safety, 135-3 Setback, 135-3 Site plan, 135-3 Special exception, 135-3 Standards for issuance of permit, 135-3 FEES Alarm systems, 75-4 Coastal erosion hazard areas, 111-22 Domestic partnerships„ 121-5 Environmental quality review, 130-19 Fire prevention and building con- struction, 144-17 Flood damage prevention, 148-12 Junkyards, 166-6 Landmark preservation, 170-14 Peddlers, solicitors and transient retail merchants, 197-9 Records, 59-9 04-15-2007 SOUTHOLD INDEX Sewers and sewage disposal, Trees, 139-9 Grading, 144-10 215-41 Vehicles, 139-3 Heating, 144-8 Soil removal, 228-11 When effective, 139-16 Hotel, 144-8 Solid waste, 233-4 FINAL PLANS Improvement, 144-8 Streets and sidewalks, 237-10 Highway specifications, 161-3, Inspections, 144-6 Subdivision of land, 240-8 161-4 Issuance of certificate of occu- Tourist and trailer camps, 253-4 FINAL PLATS pancy, 144-16 Wetlands and shoreline, 275-7 Subdivision of land, 240-3, Lots, 144-8 Zoning, 280-81, 280-149 240-6 -240-8,240-13, Motel, 144-8 FENCES 240-15, 240-16, 240-19 - Multifamily dwellings, 144-6 Fire prevention and building con- 240-25, 240-28, 240-31, Nuisance, 144-10 struction, 144-8, 144-10 240-32, 240-35, 240-36, Performance of work under per - Highway specifications, 161-16, 240-41, 240-42, 240-44, mit, 144-10 161-29,161-41, 161-42 240-45, 240-51-240-53 Powers and duties of Building In - Junkyards, 166-4, 166-7 Zoning, 280-4 spector, 144-5 Soil removal, 228-4, 228-7 FINGERPRINTS Property maintenance, 144-6 Subdivision of land, 240-36 Peddlers, solicitors and transient Purpose, 144-2 Tourist and trailer camps, 253-15 retail merchants, 197-6 Records, 144-16 Wetlands and shoreline, 275-2, FIRE ALARM Right of entry, 144-13 275-5, 275-11 Subdivision of land, 240-17 School, 144-8 Zoning, 280-4,280-13,28041, FIREARMS Signs, 144-8 280-48,280-69, 280-70, Parks and recreation areas, 193-6 Single-family dwellings, 144-8 280-72, 280-73, 280-78, Police department rules and regu- Site plan, 144-8 280-82,280-85, 280-92, lations, A290-9, A290-33 Smoke detectors, 144-8 280-94,280-99, 280-104 - FIRE EXTINGUISHER Special exception, 144-8 280-106, 280-114, 280-133, Junkyards, 166-7 Sprinklers, 144-8, 144-16 280-134, 280-149 Tourist and trailer camps, 253-14 Stop orders, 144-12 FILL Zoning, 280-48 Storage, 144-8 Flood damage prevention, FIRE HYDRANTS Stormwater, 14440 148-12, 148-15, 148-18 Subdivision of land, 240-10, Swimming pools, 144-8 Highway specifications, 161-25 240-17, 240-21, 240-35, Temporary certificates of occu- Police department rules and regu- 240-36, 240-48 panty, 144-17 lations, A290-33, A290-36 Vehicles and traffic, 260-18, Tests, 144-18 Soil removal, 228-7 260-27 Title, 144-1 Stormwater management, 236-10, Zoning, 280-133, 280-137 Vacant lot, 144-8 236-13 FIRE LANES Water, 144-8,144-10 Streets and sidewalks, 237-13 Junkyards, 166-7 Watercourse, 144-10 Wetlands and shoreline, 275-6, Vehicles and traffic, 260-14, Yards, 144-8, 144-10 275-11 260-27 FIRES FILMING FIRE PREVENTION AND Burning, outdoor, 104-1 -104-3 Applications, 139-3 BUILDING CONSTRUC- FIRESAFETY Building Inspector, 139-8 TION Fire prevention and building con - Certificate of insurance, 139-3, Abatement of violations, 144-19 struction, 144-6, 144-8 139-11 Accessory buildings, 144-8 FIRE ZONES Cleanup deposit, 139-5 Administration and enforcement Vehicles and traffic, 260-20, Compliance with other laws, officers designated, 144-3 260-27 139-10 Applications, 144-8 FLAMMABLES Exemption, 139-2 Block, 144-8 Junkyards, 166-1 Extension of permit period, Building permit, 144-3, 144-16 Sewers and sewage disposal, 139-13 Burning, 144-8 215-38 Fees, 139-6 Certificate of occupancy, 144-14, Zoning, 280-48 Inspection, 139-12 144-16 FLOOD DAMAGE PREVEN- Insurance, 139-3, 139-11 Compliance with standards, TION Insurance requirements, 139-11 144-18 Anchoring, 148-14,148-16, Liability, 139-11 Conflicts with other regulations, 148-21 No alterations to Town property, 144-4 Appeals, 148-4,148-22 139-9 Cooperation with other depart- Appeals board, 148-22 No donations accepted, 139-7 ments, 144-7 Applicability, 148-5 Notice, 139-4, 139-8 Definitions and Abbreviations, Basis for establishing areas of Parking, 139-3 144-3 special flood hazard, 148-6 Parks, 139-8 Demolition, 144-5,144-8 Blocks, 148-21 Penalties for offenses, 139-14 Drainage, 144-10 Building Inspector, 148-11 Permit, 139-1-139-5, 139-7 - Excavation, 144-8 Certificates of compliance, 139-13 Fees, 144-11, 144-17 148-14 Purpose, 139-1 Fences, 144-8, 144-10 Comprehensive Plan, 148-22 Safety, 139-1, 139-3 Firesafety, 144-6, 144-8 Conflict with other laws, 148-7 Severability, 139-15 Fuel, 144-8 Definitions, 148-4 Traffic control fee, 139-4 Garages, 144-8 Deposit, 148-12 11 04-15-2007 Designation of local administra- tor, 148-11 Design standards, 148-14, 148-18 Drainage, 148-12, 148-15 - 148-17, 148-19 Duties and responsibilities of lo- cal administrator, 148-14 Elevator, 148-16 Emergency, 148-4, 148-6, 148-9, 148-10, 148-13 -148-15; 148-22 Emergency vehicles, 148-22 Fees, 148-12 Fill, 148-12, 148-15, 148-18 Findings, 148-1 Floodplain development permit, 148-12 Floodway, 148-4, 148-14, 148-15, 148-23 Gas, 148-3, 148-15, 148-22 General standards, 148-15 Grade, 148-2, 148-4, 148-16 - .148-19, 148-21 Heating, 148-16 Height, 148 -21 - Improvements, 148-4, 148-13 - 148-20,148-23 Insect, 148-16 Inspections, 148-12, 148-14 Insurance, 148-2, 148-4, 148-6, 148-7,148-12, 148-14, 148-15, 148-17, 148-18, 148-21,148-23 Interpretation, 148-7 Liability, 148-10 Lots, 148-13, 148-23 Manufactured homes, 148-4, 148-13 - 148-15, 148-21 Meeting, 148-4, 148-16, 148-19 - Mobile home, 148-4 Nonresidential structures (coastal high -hazard areas), 148-20 Nonresidential structures (except coastal high -hazard areas), 148-19 Notices, 148-9, 148-14, 148-23 Nuisances, 148-23 Objectives, 148-3 Obstructions, 148-16, 148-18 Parking, 148-16 Parks, 148-13 -148-15 Penalties for offenses, 148-9 Permit, 148-9,148-11 - 148-14, 148-16 Purpose, 148-2 Records, 148-22 Recreational vehicles, 148-4, 148-13 -148-15, 148-21 Report, 148-6,148-22 Residential structures (coastal high -hazard areas), 148-18 Residential structures (except' coastal high -hazard areas), 148-17 Safety, 148-2, 148-4, 148-7, 148-18, 148-22, 148-23 Sanitary facilities, 148-19, 148-20 Screening, 148-16 SOUTHOLD INDEX Severability, 148-8 Standards for all structures, 148-16 Stop -work orders, 148-14 Storage, 148-12, 148-16 Utilities, 148-3, 148-13, 148-15 - 148-16, 148-19 -148-22 Variances, 148-4, 148-7, 148-9, 148-14,148-22 -148-23 Vehicles, 148-4, 148-13 - 148-16, 148-21, 148-22 Warning and disclaimer of liabil- ity, 148-10 Water, 148-2, 148-3, 148-14- 148-16, 148-18, 148-199 148-22 Watercourses, 148-13 - 148-14 FLOOD HAZARD AREAS Wetlands and shoreline, 275-3 Zoning, 280-4,280-129, 280-133 FLOODPLAINS Stormwater management, 236-13 FLOODWAY Flood damage prevention, 148-4, 148-14,148-15, 148-23 FUEL Boats, docks and wharves, 96-16 Fire prevention and building con- struction, 144-8 Sewers and sewage disposal, 215-38 Solid waste, 233-3 Wetlands and shoreline, 275-5 Zoning, 280-48, 280-52, 280-55, 280-58, 280-62, 280-111 FUMES Zoning, 280-13, 280-58, 280-62 -G- GARAGES Fire prevention and building con- struction, 144-8 Peddlers, solicitors and transient retail merchants, 197-4 Zoning, 280-4, 280-13, 280-45, 280-48,280-58,280-62, 280-78, 280-104, 280-134 GARBAGE, RUBBISH AND RE- FUSE Boats, docks and wharves, 96-8 General provisions, 1-2 Littering, 174-1-174-2 Parks and recreation areas, 193-2, 193-7 Sewers and sewage disposal, 215-36 -215-38 Soil removal, 228-7. Solid waste, 233-1- 233-4 Tourist and trailer camps, 253-7, 253-14 Wetlands and shoreline, 275-11 GAS Boats, docks and wharves, 96-16, 96-17 Coastal erosion hazard areas, 111-10 12 Flood damage prevention, 148-3, 148-15, 148-22 Junkyards, 1664 Police department rules and regu- lations, A290-15 Sewers and sewage disposal, 215-38 Subdivision of land, 240-35 Zoning, 280-13, 280-58, 280-62, 280-83,280-111,280-129, 280-143 GENERAL PROVISIONS Adoption of Code, 1-1 -1-13 Amendments to Code, 1-8 Assessments, 1-4 Bicycles, 1-2 Bond, 1-4 Burning, 1-2 Code book to be kept up-to- date, 1-9 Copy of Code on file, 1-7 Distribution of local laws, or- dinances and resolutions, 1-2 Easement, 1-4 Effect on previously adopted legislation, )-5 Enactments saved from repeal, 1-4 Fine, 1-11 Garbage, 1-2 Grade, 1-4 Improvement, 1-4 Incorporation of provisions into.Code, 1-12 Junkyards, 1-2 Legislative intent, 1-1 Liability, 14 License, 14 Littering, 1-2 Matters not affected, 1-4 Parking, 1-2 Penalties for offenses, 1-4, 1-11 Repeal of enactments not in - eluded in Code, 1-3 Sale of Code book, 1-10 Severability, 1-6 Supplementation, 1-10 Vehicles, 1-2 When effective, 1-13 Zoning Map, 1-4 Adoption of Renumbered 2006 Code, 1-14 -1-18 Continuation of provisions, 1-16 Incorporation of provisions into Code, 1-17 Legislative intent, 1-14 Nonsubstantive changes in previously adopted legis- lation, 1-15 When effective, 1-18 GLARE Zoning, 280-91, 280-94, 280-111, 280-117, 280-129 04-15-2007 GOLD STAR PARENTS TAX EXEMPTION, see WAR VETERANS AND GOLD STAR PARENTS GRADE Coastal erosion hazard areas, 111-6,111-10-111-13 Fire prevention and building con- struction, 144-10 Flood damage prevention, 148-2, 148-4,148-16- 148-19, 148-21 General provisions, 1-4 Highway specifications, 161-2, 161-4, 161-18, 161-19, 161-21-161-24, 161-29, 161-30,161-35,161-42, 161-46 Sewers and sewage disposal, 215-43 Soil removal, 228-4, 228-6 - 228-7 Stormwater management, 236-10, 236-13 Streets and sidewalks, 237-6, 237-13 Subdivision of land, 240-3, 240-4, 240-6, 240-10, 240-17, 240-19,240-21,240-41, 240-45,240-49,240-51 Tourist and trailer camps, 253-5 Wetlands and shoreline, 275-7, 275-11 .Zoning, 2804,280-69,280-78, 280-85, 280-99, 280-108, 280-114,280-129, 280-133, 280-134,280-136 GRASS Burning, outdoor, 104-1,104-2 Highway specifications, 161-42 Junkyards, 166-7 Sewers and sewage disposal, 215-21 Soil removal, 228-7 Solid waste, 233-4 Streets and sidewalks, 237-13 Subdivision of land, 240-10 Wetlands and shoreline, 275-2, 275-11 Zoning, 280-93,280-95 See also BRUSH, GRASS AND WEEDS GRASS CLIPPINGS Solid waste, 2334 GRAVEYARDS Junkyards, 166-1 GUARANTEE Streets and sidewalks, 237-9 Subdivision of land, 240-31, 240-33, 240-34 Wetlands and shoreline, 275-9, 275-10 GUARANTIES Sewers and sewage disposal, 215-42 Subdivision of land, 240-34, 240-38 Zoning, 280-4, 280-131 SOUTHOLD INDEX GUNS Parks and recreation areas, 193-6 Police department rules and regu- lations, A290-15 -H- HANDICAP Zoning, 280-129 HANDICAPPED PARKING Vehicles and traffic, 260-17, 260-27 HARBOR MANAGEMENT Fishers Island Harbor Manage- ment, 157-1-157-14 Abandonment, 157-8 Anchoring, 157-4,157-6 Animals, 157-11 Applicability, 157-1 Disabled boats, 157-12 Discharge of refuse, 157-11 Emergency, 157-6 Fine, 157-14 Fishers Island Harbor Com- mittee, 157-3 Hazards to navigation, 157-12 Height, 157-6 Inspections, 157-8 Liable, 157-12 Lien, 157-8,157-12 Meeting, 157-3 Mooring maintenance, 157-8 Notices, 157-3, 157-9, 157-12, 157-14 Penalties for offenses, 157-14 Permit, 157-6, 157-14 Rafting, 157-10 Record, 157-12 Registration, 157-12 Safety, 157-6 Sale, 157-12 Severability, 157-13 Speed and wake regulation, 157-4 Storage, 157-6, 157-12 Traffic control authority, 157-2 Unnavigable boats, 157-12 Use of private moorings by guests, 157-9 Use of vessel as abode, 157-7 Water, 157-1, 157-5 Waterskiing, 157-5 HAZARDOUS MATERIALS Waterfront consistency review, 268-3 HAZARDOUS SUBSTANCES Sewers and sewage disposal, 215-28 Waterfront consistency review, 268-5 HAZARDOUS WASTE Police department rules and regu- lations, A290-45 Solid waste, 233-2 13 HEARINGS Agricultural lands preservation, 70-4,70-5 Boats, docks and wharves, 96-31, 96-32 Buildings, unsafe, 100-6 Coastal erosion hazard areas, 111-23, 111-27, 111-35 Community preservation fund, 17-7,17-34 Development rights, transfer of, 117-5, 117-7, 117-10, 117-12 Environmental quality review, 130-10 -130-12 Housing fund, 34-4, 34-6 Junkyards, 166-6 Landmark preservation, 170-5, 170-7,170-14 Local laws, adoption of, 38-1, 38-2, 38-4, 38-6 Open space preservation, 185-4, 185-5 Peddlers, solicitors and transient retail merchants, 197-11 Personnel, 47-4 Police department, 51-6 Public hearings, notice of, 55-1 Soil removal, 228-5, 228-12 Solid waste, 233-7 Subdivision of land, 240-10, 240-13, 240-19, 240-25, 240-29, 240-30, 240-53 Taxation, 245-4 Tourist and trailer camps, 253-2, . 253-4 Wetlands and shoreline, 275-8 Zoning, 280-11, 280-26, 280-29, 280-92,280-131,280-137, 280-141,280-146,280-150, 280-157,280-159 HEAT Fire prevention and building con- struction, 144-8 Flood damage prevention, 148-16 Highway specifications, 161-22, 161-23 Sewers and sewage disposal, 215-38 Zoning, 280-22,280-58, 280-91 HEIGHT REGULATIONS Flood damage prevention, 148-21 Harbor management, 157-6 Highway specifications, 161-44, 161-46 Soil removal, 228-7 Streets and sidewalks, 237-26 Subdivision of land, 240-10 Wetlands and shoreline, 275-11 Zoning, 280-4, 280-13, 280-15, 280-28, 280-48, 280-69, 280-70,280-72,280-73, 280-78, 280-82,280-85, 280-94, 280-104-280-109, 280-117, 280-122, 280-134 HIGHWAY SPECIFICATIONS Final Dedication of Roads, 161-49 Bond, 161-49 04-15-2007 SOUTHOLD INDEX Inspection, 161-49 Bonds, 161-46 Screen, 161-22 -161-24, Meeting, 161-49 Brush, 161-16, 161-30 161-29, 161-30,161-42 Procedure, 161-49 Catch basins, 161-34 Seeding, 161-43 Report, 161-49 Clearing and grubbing, 161-16 Stone blend wearing course, Sale, 161-49 Concrete curbs, 161-38 161-20 General Construction Require- Concrete cylinders, 16140 Storage, 161-29, 161-30 ments, 161-5 -161-14 Concrete footings, slabs and Storm drains, 161-33 Dead-end streets, 161-11 headwalls, 161-37 Stormwater, 161-27,161-29, Dirt, 161-9 Concrete sidewalks and 161-30, 161-32, 161-36 Drainage, 161-8, 161-9, 'driveway entrances, Stormwater drainage systems, 161-13 161-39 161-32 Easements, 161-13 Construction specifications, Streetlighting specifications, . Improvements, 161-6 161-15 161-46 Lots, 161-11 Curbs, 161-34, 161-38, Stripping and stockpiling soil, Progress schedule, 161-5 161-41,161-45,161-46 161-17 Protection of new drainage in- Demolition, 161-21 Tests, 161-26, 161-29, 161-30, stallations, 161-9 Design criteria for leaching 161-40, 161-46 Responsibility of developer, basins, 161-28 Trees, 161-16; 161-29 - 161-6 Drainage, 161-18, 161-25, 161-30,161-42, 161-44 Safety, 161-6, 161-7 161-27 -161-33, 161-36, Trenches, 161-36 Signs, 161-11, 161-12 _ 161-45 Utility, 161-46 Speed limit, 161-12 Drainage design criteria, Vehicles, 161-20 Stormwater, 161-6, 161-8 161-27 Vibration; 161-21 Street signs, 161-12 Drainage pipe criteria, 161-36 Water, 161-30,161-39, 161-44 Temporary roads, 161-14 Driveways, 161-39, 161-46 Weeds, 161-42 Test, 161-6 Dump, 161-19, 161-21 Well, 161-30, 161-46 Topsoil removal, 161-10 Dust, 161-23 Yard, 161-24 Traffic maintenance, 161-7 Easements, 161-18 HISTORICAL FEATURES Trees, 161-11 Embankment, 161-18 Zoning, 280-133 Vehicles, 161-7 Emergency vehicles, 161-20 HOME OCCUPATIONS Water, 161-11 Excavations, 161-17, 161-18, Zoning, 280-4, 280-13, 280-78 Plans and Maps for Subdivisions, 161-25, 161-29,161-30, HOSPITALS - . 161-1 -161-4 161-36 Police department rules and regu- Construction plans, 161-4 Fences, 161-16, 161-29, lations, A290-44, A290-45 Curbs, 161-4 161-41, 161-42 Zoning, 280-13,280-17, 280-48, Drainage, 161-2-161-4 Fill, 161-25 280-78,'280-79 Easements, 161-2-161-4 Grade, 161-18, 161-19, HOTELS Excavation, 161-2 161-21 -161-24, 161-29, Fire prevention and building con- Final plans, 161-3, 161-4 161-30,161-35, 161-42, struction, 144-8 Grade, 161-2,161-4 161-46 Parking, 189-3 Lighting, 161-4 Grass, 161-42 Zoning, 280-4, 280-35, 280-41, Major subdivision, 161-4 Heating, 161-22, 161-23 280-44,280-45, 280-48, Manholes, 161-2 Height, 161-44, 161-46 280-55,280-78, 280-79, Monuments, 161-3 Illumination, 161-46 280-85 Preliminary plans, 161-2, Improvements, 161-25 HOUSING FUND 161-3 Insect, 161-44 Bond, 34-4 Sketch plans, 161-1 Inspections, 161-19,161-21, Definitions, 34-3 Streetlights, 161-3, 161-4 161-42, 161-46,161-48 Emergency, 34-2, 34-6 Test, 161-2 Landscaping, 16142,161-43 Findings, 34-2 Trees, 161-3 Lighting, 16146 Fund established, 344 Wells, 161-3 Lots, 161-15, 161-16 Hearing, 34-4, 34-6 Roadway Construction, 161-15 - Major subdivisions, 161-38 Housing Advisory Commission 161-48 Manholes, 161-35 established, 34-6 Alterations or modifications to Minutes, 161-27 Improvements, 34-2, 34-5, 34-6 specifications, 161-47 Modifications to existing pri- Meetings, 34-6 As -constructed survey, 161-45 vate roads, 161-25 Open space, 34-6 Asphalt binder course, 161-22 Notification, 161-44 Parking, 34-6 Asphalt pavement cores, Parking, 161-15 Purposes of Fund, 34-5 161-26 Permits, 16146 Sale, 34-2, 34-4 - 34-6 Asphalt wearing course, Recharge basins, 161-41 Water, 34-6 161-23 Recharge basins Type A and HUNT Base course for asphalt pave- drainage areas, 161-29 Animals, 83-6 ment, 161-21 Recharge basins Type B and Boats, docks and wharves, 96-20 Base course for stone blend drainage areas, 161-30 Parks and recreation areas, 193-2, road, 161-19 Recharge Basins Type C, 193-6 Bituminous surface treatment 161-31 double application, Safety, 161-44, 161-46 161-24 14 04-15-2007 -I- ILLICIT LIQUIDS Stormwater management, 236-7 ILLUMINATION, see LIGHTING IMPOUNDMENT Animals, 83-11- 83-12 Vehicles and traffic, 260-24 Vehicles, motor -driven, 264-9 Wetlands and shoreline, 275-6 IMPROVEMENTS Agricultural lands preservation, 70-2 ., - Community preservation fund, 17-8 Fire prevention and building con- struction, 144-8 Flood damage prevention, 148-4, 148-13 -148-20, 148-23 General provisions, 1-4 Highway specifications, 161-6, 161-25 Housing fund, 34-2, 34-5, 34-6 Records, 59-15 Soil removal, 228-4 Streets and sidewalks, 237-6, 237-16 Subdivision of land, 240-6, 240-9, 240-10, 240-16, 240-17, 240-20, 240-30 - 240-41, 240-45, 240-51, 240-53, 240-59 Transportation access manage- ment, 64-5 Vehicles, motor -driven, 264-6 Wetlands and shoreline, 275-3, 275-5 Zoning, 280-25, 280-30, 280-45, 280-88, 280-129, 280-131, 280-133,280-137 INDUSTRIAL WASTES Sewers and sewage disposal, 215-28, 215-36 - 215-38 INSECTS Flood damage prevention, 148-16 Highway specifications, 161-44 Peddlers, solicitors and transient retail merchants, 197-10 INSPECTIONS Boats, docks and wharves, 96-24 Buildings, unsafe, 100-4, 100-8 Coastal erosion hazard areas, 111-29 Community preservation fund, 17-37 Electrical inspections, 126-1 - 126-3 Environmental quality review, 130-17 Ethics, 26-25 Filming, 139-12 Fire prevention and building con- struction, 144-6 Flood damage prevention, 148-12,148-14 Harbor management, 157-8 SOUTHOLD INDEX Highway specifications, 161-19, 161-21, 161-42,161-46, 161-48, 16149 Junkyards, 166-6 Local laws, adoption of, 38-2 Parking, 189-3, 1894 Police department rules and regu- lations, A290-7, A290-15, A290-27 Records, 59-2 - 59-5, 59-9, 59-10 Sewers and sewage disposal, 215-21- 215-24, 215-37, 215-38,21541,21543, 215-44 Solid waste, 233-4 Stormwater management, 236-16 Streets and sidewalks, 237-14 Subdivision of land, 240-9, 240-20, 240-32,240-33, 240-36, 240-37 Tourist and trailer camps, 253-13 Vehicles and traffic, 260-27 Waterfront consistency review, 268-3, 268-5 Wetlands and shoreline, 275-7, 275-9 - 275-11 Zoning, 280-13, 280-70, 280-101, 280-110, 280-137, 280-151, 280-154 INSURANCE Community preservation fund, ' 17-32,17-34 Electrical inspections, 126-2 Filming, 139-3, 139-11 Flood damage prevention, 148-2, 148-4,148-6,148-7,148-12, 148-14,148-15,148-17, 148-18, 148-21, 148-23 Sewers and sewage disposal, 215-42 Soil removal, 228-6 Streets and sidewalks, 237-8, 237-18 Taxation, 245-1 Wetlands and shoreline, 275-9 Zoning, 280-10, 280-38, 280-52, 280-55 INTOXICATION Police department rules and regu- lations, A290-9 INVESTIGATIONS Alarm systems, 75-1 Ethics, 26-21- 26-23, 26-25 Peddlers, solicitors and transient retail merchants, 197-7 Personnel, 47-3 Police department, 51-6 Police department rules and regu- lations, A290-7, A290-15, A290-17, A290-19 - A290-21, A290-24, A290-25, A290-31 Records, 59-2 Waterfront consistency review, 268-3 Wetlands and shoreline, 275-8 Zoning, 280-130 15 _J_ JUNK DEALER Junkyards, 166-6 JUNKYARDS Batteries, 166-1 Burning, 166-3,166-7 Combustible, 166-1, 166-7 Definitions, 166-2' Display, 166-6 Drainage, 166-4 Dump, 166-3, 166-7 Duration, 166-6 Existing businesses, 166-5 Explosive, 166-1 Fee, 166-6 Fence, 166-4, 166-7 Fire extinguisher, 166-7 Fire lane, 166-7 Flammable, 166-1 Gas, 166-4 General provisions, 1-2 Grass, 166-7 Graveyards, 166-1 Hearing, 166-6 Inspections, 166-6 Junk dealer, 166-6 Junkyards, 166-1 Legislative intent, 166-1 Liable, 166-8 License, 166-1, 166-3 -166-8 Notice, 166-5 Nuisances, 166-1 Penalties for offenses, 166-8 Permit, 166-7, 166-8 Regulations, 166-7 Revocation, 166-6 Sale, 166-3 Sanitary facilities, 166-7 Septic tanks, 166-7 Storage, 166-3 Tires, 166-1 Transferability, 166-6 Water, 166-4 Well, 166-7 Zoning, 280-4 -K- KENNELS Zoning, 280-13 -L- LAND-DISTURBING ACTIVI- TIES Stormwater management, 236-9 LANDMARK PRESERVATION Accessory buildings, 170-7 Appeals, 170-11 Application for certificate of ap- propriateness, 170-7 Building permits, 170-5, 170-6 Certificate of appropriateness for alteration, demolition or new construction, 170-6 04-15-2007 SOUTHOLD INDEX Criteria for approval of alteration Flood damage prevention, 148-10 280-87, 280-88, 280-111, of facades of historic land- General provisions, 1-4 280-117, 280-129, 280-133, marks, 170-8 Harbor management, 157-12 280-137 Criteria for approval of demoli- Junkyards, 166-8 LITTERING tion or removal of historic Salvage centers, 211-6 Assessment, 174-5 landmarks, 170-9 Sewers and sewage disposal, Definitions, 174-1 Definitions, 170-3 215-38, 215-42, 215-44, Driveway, 174-2 Demolition, 170-2 -170-7, 215-51 Fine, 174-7 170-9, 170-10 Shellfish, 219-21 Garbage, 174-1, 174-2 Designation of historic land- Streets and sidewalks, 237-14 Garbage, rubbish and refuse, marks, 170-5 Subdivision of land, 240-54 174-2 Easements, 170-4 Vehicles, motor -driven, 264-20 General provisions, 1-2 Enforcement, 170-12 Wetlands and shoreline, 275-9 Handbills, 174-6 Fees, 170-14 Zoning, 280-88 Lien, 174-5 Fine, 170-13 LICENSE Litter in parks, beaches and bod- Hardship criteria for approval of Animals, 83-16 ies of water, 174-4 demolition, removal or al- Bingo and games of chance, 92-2, Litter in public places, 174-2 teration of historic land- 92-3, 92-13, 92-14 Litter on private property, 174-5 marks, 170-10 Burning, outdoor, 104-2 Newspapers, 174-1, 174-6 Hearings, 170-5, 170-7,170-14 Ethics, 26-17, 26-21 Notice, 174-5 Historic Preservation Commis- General provisions, 1-4 Parks, 174-4 sion, 170-4 Junkyards, 166-1, 166-3 - 166-8 Penalties for offenses, 174-7 Meetings, 170-4 Parking, 189-3, 189-4 Record, 174-5 Membership, 170-4 Peddlers, solicitors and transient Sign, 174-6 Minutes, 170-4 retail merchants, 197-3, Tires, 174-3 Newspaper, 170-7 197-4, 197-6 - 197-% Transportation access manage - Notices, 170-4,170-5, 170-7, 197-119 197-13 ment, 64-5 170-14 Police department rules and regu- Vehicles, 174-1, 174-3, 174-6 Penalties for offenses, 170-13 lations, A290-33 Water, 174-4 Permit; 170-5, 170-6 Sewers and sewage disposal, LIVESTOCK Powers and duties; 170-4 215-4 -215-6, 215-31, Subdivision of land, 240-44 Purpose, 170-2 215-41,215-42 Zoning, 280-98, 280-99 Record, 170-5, 170-11 Shellfish, 219-8 LOCAL LAWS, ADOPTION OF Reports, 170-5 Solid waste, 233-2 - 2334, 233-7 Filing of proof of publication and Stop -work order, 170-12 Subdivision of land, 240-21 posting, 38-4 Terms, 170-4 Tobacco advertising, 249-2 Hearings, 38-1, 38-2, 38-4, 38-6 Title, 170-1 Tourist and trailer camps, 253-3 Inspection, 38-2 LANDSCAPING Vehicles and traffic, 260-9, Newspaper, 38-1 Highway specifications, 161-42, 260-17 Notice, 38-1- 38-2, 38-4, 38-6 161-43 Wetlands and shoreline, 275-6 Numbering, 38-5 Sewers and sewage disposal, Zoning, 280-48, 280-69, 280-133 Posting and availability of copies, " 215-21, LIENS 38-2 Soil removal, 228-4 Boats, docks and wharves, 96-10, Posting of copy upon adoption, Solid waste, 233-4 96-25 38-3 Subdivision of land, 240-32, Buildings, unsafe, 100-9 Rezonings, 38-6 240-36, 240-42, 24043, Community preservation fund, LOTS 24049 17-27, 17-35 Fire prevention and building con - Waterfront consistency review, Harbor management, 157-8, struction, 144-8 268-3 157-12 Flood damage prevention, Wetlands and shoreline, 275-3, Littering, 174-5 148-13, 148-23 275-11 Sewers and sewage disposal, Highway specifications, 161-11, Zoning, 280-4,280-7,280-41, 215-33, 215-50,215-51 161-15,161-16 280-70,280-72, 280-73, Subdivision of land, 240-34, Soil removal, 228-7 280-78, 280-91- 280-95, 240-44 Subdivision of land, 240-4, 280-123, 280-129, 280-131, Zoning, 280-74, 280-88, 280-92 240-10, 240-17, 240-21, 280-133, 280-134, 280-137 LIGHTING 240-26, 240-27, 240-30, LEASHING REQUIREMENTS Boats, docks and wharves, 96-14 240-41,- 240-45, 240-49, Animals, 83-6 Highway specifications, 161-4, 240-51, 240-53, 240-57, Parks and recreation areas, 193-9 16146 240-59 LIABILITY Streets and sidewalks, 237-12 Vehicles and traffic, 260-12, Boats, docks and wharves, 96-10, Subdivision of land, 240-44, 260-27 96-25 240-46 Zoning, 280-9 - 280-119 280-13, Buildings, unsafe, 100-10 Tourist and trailer camps, 253-3 280-15, 280-30, 280-31, Community preservation fund, Transportation access manage- 280-41, 280-48, 280-61, 17-23, 17-29, 17-31, 17-34- ment, 64-5 280-78, 280-79, 280-95, 17-35 Wetlands and shoreline, 275-11 280-106, 280-109, 280-113, Ethics, 26-26 Zoning, 280-4, 28043, 280-72, 280-116,280-124, 280-137 Filming, 139-11 280-73, 280-81, 280-83, 16' 04-15-2007 _M_ MAJOR SUBDIVISIONS Highway specifications, 161-4, 161-38 MANHOLES Highway specifications, 161-2, 161-35 Sewers and sewage disposal, 215-38, 215-40 Subdivision of land, 240-17 MANUFACTURED HOMES Flood damage prevention, 1484, 148-13 -148-15,148-21 MASTER PLAN Subdivision of land, 240-10, 240-17 Zoning, 280-4 MEETINGS Boats, docks and wharves, 96-32 Committees, appointment of, 13-3 Community preservation fund, 17-13 Development rights, transfer of, 117-7 Environmental quality review, 130-7 Ethics, 26-21 Expenses of town officers, 30-1 Flood damage prevention, 148-4, 148-16,148-19 Harbor management, 157-3 Highway specifications, 161-49 Housing fund, 34-6 Landmark preservation, 170-4 Parks and recreation areas, 193-9 Police department rules and regu- lations, A290-7 Streets and sidewalks, 237-2 Subdivision of land, 240-13, 240-23, 240-40, 240-43 Wetlands and shoreline, 275-8 Zoning, 280-29,280-38, 280-45, 280-48, 280-78, 280-131, 280-133,280-157 METERS Sewers and sewage disposal, 215-38 MINORS Tobacco advertising, 249-1 MINUTES Committees, appointment of, 13-3 MOBILE HOME Flood damage prevention, 148-4 Zoning, 280-4,280-78 MONUMENTS Highway specifications, 161-3 Subdivision of land, 240-10, 240-17, 240-21,240-41 Wetlands and shoreline, 275-6 Zoning, 280-104 MOTELS Fire prevention and building con- struction, 144-8 Parking, 189-3 Zoning, 280-4, 280-35, 280-44, 280-45, 28048, 280-55, 280-78,280-85 SOUTHOLD INDEX MUFFLERS Boats, docks and wharves, 96-17 Parks and recreation areas, 193-3 MULTIFAMILY DWELLINGS Fire prevention and building con- struction, 144-6 Sewers and sewage disposal, 215-41 Zoning, 280-108 -N- NATURAL FEATURES Community preservation fund, 17-19 Subdivision of land, 240-3, 240-43, 240-53, 240-54 Zoning, 280-129, 280-133, 280-143 NEWSPAPER Coastal erosion hazard areas, 111-35 Development rights, transfer of, 117-7 Environmental quality review, 130-6,130-10 Landmark preservation, 170-7 Littering, 174-1, 174-6 Local laws, adoption of, 38-1 Peddlers, solicitors and transient retail merchants, 197-4 Public hearings, notice of, 55-1 Records, 59-10 Soil removal, 228-12 Solid waste, 233-1, 233-3 Subdivision of land, 240-19, 240-25 Tourist and trailer camps, 253-4 Zoning, 280-26, 280-157, 280-159 NOISE Boats, docks and wharves, 96-17 Peddlers, solicitors and transient retail merchants, 197-10 Soil removal, 228-5 Transportation access manage- ment, 64-5 Zoning, 280-13,28047,28048, 280-589 280-62, 280-91, 280-94, 280-99, 280-111, 280-143 NONCONFORMING SIGNS Zoning, 280-90 NONCONFORMING USES Zoning, 280-2, 280-4, 280-75, 280-90, 280-120 - 280-121, 280-123, 280-154 NOTICE OF VIOLATION Boats, docks and wharves, 96-31, 96-32 Sewers and sewage disposal, 215-31 NOTICE OF VIOLATIONS Coastal erosion hazard areas, 111-29 17 NOTICES Boats, docks and wharves, 96-10, 96-13, 96-25, 96-31- 96-33 Buildings, unsafe, 100-5 -100-8, 100-10 Coastal erosion hazard areas, 111-18,111-19,111-25, 111-29,111-35 Community preservation fund, 17-32,17-34 Development rights, transfer of, 117-7,117-8,117-10- 117-12 17-7,117-8,117-10- 117-12 Environmental quality review, 130-6,130-10,130-13, 130-17 Filming, 139-4, 139-8 Flood damage prevention, 148-9, 148-14,148-23 Harbor management, 157-3, 157-9,157-12,157-14 Highway specifications, 161-44 Junkyards, 166-5 Landmark preservation, 170-4, 170-5,170-7,170-14 Littering, 174-5 Local laws, adoption of, 38-1, 38-2, 38-4, 38-6 Parks and recreation areas, 193-10 Police department, 51-6 Police department rules and regu- lations, A290-33, A290-44 Public hearings, notice of, 55-1 Records, 59-10 Sewers and sewage disposal, 215-23,215-31,215-32, 215-37 - 215-38, 215-41- 215-43, 215-45 Shellfish, 219-17 Soil removal, 228-5, 228-9, 228-12 Solid waste, 233-7 Streets and sidewalks, 237-1, 237-2,237-11, 237-13 Subdivision of land, 240-13, 240-18 - 240-19, 240-22, 240-25, 240-29, 240-30, 240-32, 240-36, 240-44, 240-54 Taxation, 245-4,245-6 Tourist and trailer camps, 253-4 Vehicles and traffic, 260-25 Vehicles, motor -driven, 264-8 Wetlands and shoreline, 275-8 - 275-10,275-16 Zoning, 280-26,280-29, 280-30, 280-74, 280-88, 280-92, 280-97, 280-100 - 280-101, 280-131, 280-137, 280-141, 280-146,280-150, 280-153, 280-155, 280-157, 280-159 NUISANCES Fire prevention and building con- struction, 144-10 Flood damage prevention, 148-23 Junkyards, 166-1 04-15-2007 SOUTHOLD INDEX Sewers and sewage disposal, Community preservation fund, Storage, 189-7 215-38 17-4, 17-8, 17-9, 17-12, Vehicles, 189-1, 189-3 - Soil removal, 228-5 17-24 189-4,189-7 Vehicles, motor -driven, 264-14 Development rights, transfer of, Water, 189-1 Zoning, 280-58, 280-62, 280-97, 117-1 Wells, 189-2 280-99 Housing fund, 34-6 Parks and recreation areas, 193-3, Open space preservation, 185-1- 193-9 185-3, 185-5 Peddlers, solicitors and transient -0- Subdivision of land, 240-2, retail merchants, 197-10 240-10,240-21,24042 - Public entertainment and special OBSTRUCTIONS 240-45,24049,240-54 events, 205-1 Coastal erosion hazard areas, Waterfront consistency review, Salvage centers, 211-3, 211-4 111-11, 111-13 268-2,268-5 Soil removal, 228-7 Flood damage prevention, Zoning, 280-4, 280-8, 280-169 Subdivision of land, 240-4, 148-16, 148-18 280-127,280-1289 280-137 240-44,240-45 Peddlers, solicitors and transient OPEN SPACE PRESERVATION Transportation access manage - retail merchants, 197-10 Acquisition, 185-4 ment, 64-5 Sewers and sewage disposal, Alienation of fee, interest or right, Vehicles and traffic, 260-1, 215-38 185-5 260-8 - 260-12, 260-14 - Streets and sidewalks, 237-1, Definitions, 185--3 260-23, 260-27 237-20 Findings, 185-2 Zoning, 280-4, 280-13, 280-14, Vehicles and traffic, 260-23 Hearing, 185-4,185-5 280-18, 280-23, 280-27, Zoning, 280-80, 280-104, Instrument of conveyance, 185-5 280-289 280-36, 280-399 280-1069 280-111 Open space, 185-1-185-3, 185-5 280-429 280-45, 280-469 ODORS Open Space Committee, 185-5 280-48,280-499 280-53, Sewers and sewage disposal, Permits, 185-5 280-56, 280-58, 280-599 215-38 Sale, 185-4, 185-5 280-62, 280-63, 280-65, Subdivision of land, 240-44 Severability, 185-6 280 -72,280 -73,280 -77 - Zoning, 280-13, 280-48, 280-58, Title, 185-1 280-79,280-85, 280-92, 280-62, 280-999 280-111, 280-95, 280-109, 280-110, 280443 280-117, 280-127 - 280-129, OFFICERS AND EMPLOYEES _ P _ 280-131,-280-133, 280-134, Superintendent of Highways, 280-137,280-143 42-5-42-8 PARADE PARKS AND RECREATION Referendum to be held, 42-7 Boats, docks and wharves, 96-16 AREAS Supersession of Town Law, Parks and recreation areas, 193-9 Bicycles, 88-1- 88-3, 88-5 42-6 PARKING Boats, docks and wharves, 96-15, Term of office, 42-5 Appearance tickets, 5-2, 5-3 96-26 When effective, 42-8 Community preservation fund, Community preservation fund, Town Clerk, 42-1- 42-4 17-8 17-4, 17-24 Referendum to be held, 42-3 Farm stands, 135-3 Filming, 1 Supersession of Town Law, Filming, 139-3 Flood damaagege prevention, 42-2 Flood damage prevention, 148-16 148-13 -148-15 Term of office, 42-1 General provisions, 1-2 Littering, 174-4 When effective, 42-4 Highway specifications, 161-15 Parking, 189-3 OFFICIAL MAP Housing fund, 34-6 Subdivision of land, 240-4, Subdivision of land, 240-3, 240-4, Parking, 189-1-189-6 240-10, 240-42 - 24044, 240-10,240-17 Parking at Beaches, 189-1 - 240-52 - 240-54 Zoning, 280-4 189-8 Tobacco advertising, 249-1 OFF-STREET LOADING Designation of parking areas Tourist and trailer camps, 253-23 Zoning, 280-79 on Fishers Island, 189-4 Use Regulations and Restrictions, OFF-STREET PARKING Designation of parking areas 193-1-193-13 Subdivision of land, 240-4, requiring permits, 189-2 Animals, 193-2,193-9 240-45 Hotels, 189-3 Ashes, 193-2 Zoning, 280-4,280-13, 280-27, Inspection, 189-3, 189-4 Authority to promulgate rules 280-28,280-45, 280-48, License, 189-3, 189-4 and regulations, 193-11 280-58, 280-729 280-77, Motels, 189-3 Beach activities, 193-5 280-78, 280-95, 280-1099 Other regulations, 189-6 Behavior and conduct, 193-9 280-129, 280-133, 280-137, Parking, 189-1-189-6 Certain acts prohibited, 193-2 280-143 Parking permits, 189-3 Definitions,irt ONE -FAMILY DWELLING Parks, 189-3 13-2193-1 Dirt, 193-2 Zoning, 280-10, 280-13, 280-109 Penalties for offenses, 189-8 Dogs, 193-9 OPEN SPACE Permit, 189-2- 189-5 Dump, 193-2 Agricultural lands preservation, Policy, 189-1 Emergency, 193-3 70-2 Registration, 189-3, 189-4 Enforcement, 193-12 Coastal erosion hazard areas, Removal of vehicles parked in Firearms, 193-6 111-13 violation, 189-7 Garbage, 193-2,193-7 Sign, 189-3, 189-4 Guns, 193-6 18 04-15-2007 SOUTHOLD INDEX Hours of use, 193-10 Signs, 197-12 PERMIT Hunt, 193-2, 193-6 Vehicles, 197-10 Agricultural lands preservation, Intoxicating, 193-9 Well, 197-10 70-5 Leashes, 193-9 PENALTIES FOR OFFENSES Alarm systems, 75-3 - 754 Meetings, 193-9 Alarm systems, 75-5, 75-6, 75-8 Animals, 83-1, 83-3, 83-4,83-6, Muffler, 193-3 Alcoholic beverages, 79-2 83-9 Notices, 193-10 Animals, 83-5, 83-13 Boats, docks and wharves, 96-1, Parade, 193-9 Bicycles, 88-7 96-3, 96-15, 96-18, 96-20, Parking, 193-3, 193-9 Bingo and games of chance, 96-24, 96-25, 96-28, 96 -31 - Penalties for offenses, 193-12 92-11 96-33 Penalty, 193-12 Boats, docks and wharves, 96-33 Buildings, unsafe, 100-3, 100-4 Permit, 193-7,193-9 Buildings, unsafe, 100-10 Burning, outdoor, 104-1, 104-2 Recreation area, 193-7 Burning, outdoor, 104-1,104-5 Coastal erosion hazard areas, Regulations concerning bath- Coastal erosion hazard areas, 111-8 -111-15, 11149, ing and swimming, 1934 111-11, 111-34 f 11-27 -111-29, 111-31 Regulations concerning motor Community preservation fund, Development rights, transfer of, vehicles, 193-3 17-35, 17-36 117-7,117-8 Restrictions concerning certain Domestic partnerships, 121-4, Drainage control permit, 236-10 games and sports activi- 121-5 Electrical inspections, 126-3 ties, 193-8 Electrical inspections, 126-5 Environmental quality review, Safety, 193-6, 193-11 Ethics, 26-26 130-5 Signs, 193-3 Farm stands, 135-6 Ethics, 26-17, 26-21 Toilet, 193-4 Filming, 139-14 Farm stands, 135-2 -135-4, Tree, 193-2 Flood damage prevention, 148-9 135-6 Use of picnic areas, 193-7 General provisions, 1-4, 1-11 Filming, 139-1 -139-5, 139-7 - Vehicles, 193-1, 193-3, 193-4 Harbor management, 15744 139-13 Water, 193-4 Highway specifications, 161-19 - Flood damage prevention, 148-9, Weapons, 193-6 161-23 148-11 -148-14, 148-16 When effective, 193-13 Junkyards, 166-8 Harbor management, 157-6, Wildlife, 193-6 Landmark preservation, 170-13 157-14 Zoning, 280-7 Littering, 174-7 Highway specifications, 161-46 See'also PLAYGROUNDS Parking, 189-8 Junkyards, 166-7, 166-8 PEDDLERS, SOLICITORS AND Parks and recreation areas, Landmark preservation, 170-5, TRANSIENT RETAIL 193-12 170-6 MERCHANTS Peddlers, solicitors and transient Open space preservation, 185-5 Licensing and Regulation, retail merchants, 197-6, Parking, 189-2 - 189-5 197-1-197-13 197-13 Parks and recreation areas, 193-7, Application for license, 197-6 Police department, 51-6 193-9 Contagious diseases, 197-6 Police department rules and regu- Peddlers, solicitors and transient Definitions, 197-2 lations, A290-15, A290-19, retail merchants, 197-10 Dirt, 197-10 A290-33, A290-36 Police department rules and regu- Dogs, 197-5, 197-10 Salvage centers, 211-6 lations, A290-7 Dust, 197-10 Sewers and sewage disposal, Public entertainment and special Exemptions, 197-4 215-5,215-7,215-9, 215-32, events, 205-1 Fees, 197-9 215-38, 215-45, 215-49 Records, 59-3, 59-7 Fingerprints, 197-6 Shellfish, 219-4, 219-21 Salvage centers, 211-2, 211-3, Garage, 197-4 Soil removal, 228-13 211-5 -211-6 Hearing, 197-11 Solid waste, 233-6, 233-7 Sewers and sewage disposal, Insects, 197-10 Stormwater management, 236-16 215-8 -215-17,215-21 - 215 -17,215 -21 - Investigation Investigation of applicant, Streets and sidewalks, 237-17, 215-23, 215-25, 215-31, 197-7 237-21,237-29 215-32,215-37,215-38, Legislative intent, 197-1 Subdivision of land, 240-44, 21540-21543 License, 197-3, 197-4, 197-6 - 240-60 Shellfish, 219-8, 219-9,219-13, 197-9,197-11, 197-13 Taxation, 245-5 219-15, 219-21 Newspapers, 197-4 Tobacco advertising, 249-6 Soil removal, 228-3 - 228-12 Noise, 197-10 Tourist and trailer camps, 253-19 Solid waste, 233-2 - 233-4, 233-7 Obstructions, 197-10 Vehicles and traffic, 260-27 Stormwater management, 236-10, Parking, 197-10 Vehicles, motor -driven, 264-9 - 236-12 Penalties for offenses, 197-13 264-10, 264-20 Streets and sidewalks, 237-6 - Permit, 197-10 Waterfront consistency review, 237-11, 237-13, 237-15 - Permitted activities, 197-5 268-7 237-18,237-25, 237-26 Possession, 197-8 Wetlands and shoreline, 275-16 Subdivision of land, 240-10, Records, 197-8 Zoning, 280-32.1, 280-33, 240-25, 240-26, 240-34, Registration, 197-1, 1974, 280-88, 280-136, 280-155 240-36, 240-39, 240-45, 197-6 PENSION 240-49, 240-51 Restrictions, 197-10 Waterfront consistency review, Tobacco advertising, 249-2 Sales, 197-4 -197-6, 197-10 268-3 Tourist and trailer camps, 253-2 - School, 197-10 253-4 19 04-15-2007 SOUTHOLD INDEX Vehicles and traffic, 260-9, Powers and duties, 51-1 Report, A290-31, A290-32 260-17,260-27 Qualifications of members of Po- Requesting assistance, Vehicles, motor -driven, 264-7, lice Department, 51-3 A290-26 264-15, 264-20 Record, 51-2 Rules of conduct, A290-23 Waterfront consistency review, Rules and regulations, 51-5 Scene of investigation, 268-3 Special policemen, 514 A290-20 Wetlands and shoreline, 275-2, POLICE DEPARTMENT RULES - Use of intoxicating beverages, 2754 -275-14,275-16 AND REGULATIONS A290-24 Zoning, 280-2, 280-3, 280-8 - Chief of Police, A290-6, A290-7 _ Disciplinary Action, A290-47 280-10, 28043, 280-16, General duties, A290-6 Types of action, A290-47 280-20, 280-31, 28045, Inspections, A290-7 General Rules, A290-34 - 280-48, 280-58, 280-62, Investigation, A290-7 A290-45 280-70, 280-72, 280-81, Meeting, A290-7 Communicable/infectious dis- 280-85, 280-89, 280-90, Permit, A290-7 eases, A290-45 280-113 - 280-115, 280-121, Records, A290-7 Confidentiality of official 280-122, 280-124, 280-125, Reports, A290-7 business, A290-41 280-127, 280-130, 280-131, Specific duties, A290-7 Curb, A290-37, A290-38 280-134, 280-137, 280-140, Civilian Members, A290-12 - Duty of Department, A290-35 280-141, 280-146, 28.0-149, A290-14 -Fitness for duty, A290-39 280-151 -280-154 General duties, A290-12 = Grooming, A290-43 PERMITTED USES Report, A290-13 Hazardous waste, A290-45 Public entertainment and special Safeguarding information, Hospital, A290-44, A290-45 events, 205-1 A290-14 Maintenance of order, Zoning, 280-13, 280-17, 280-22, Specific duties, A290-13 A290-34 280-27, 280-35, 280-38, Conduct, A290-15 Minor, A290-36 280-41, 280-45, 280-48, Alcoholic beverages, A290-15 Notification, A290-44 .280-52, 280-55, 280-58, Disorderly conduct, A290-15 Patrol duty, A290-37 280-62, 280-69, 280-143, Fine, A290-15 Pro -arrest policy, A290-36 280-146 Gas, A290-15 Records, A290-45 PERSONNEL Gun, A290-15 Report, A290 -36-A290-38, Grievance Procedures, 47-1- Inspection, A290-15 A290-44 47-4 Intoxicating, A290-15 Safety, A290-45 Declaration of policy, 47-2 Investigation, A290-15 Sick time, A290-44 Definitions, 47-1 Penalty, A290-15 Sidearms, A290-42 Discrimination, 47-2 Record, A290-15 Sign, A290-36 Hearing, 47-4 Report, A290-15 Smoke, A290-45 Initial presentation, 47-3 Rules of conduct, A290-15 Streetlights, A290-37, Investigation, 47-3 Tobacco, A290-15 A290-38 Review by Town Board, 47-4 Towing, A290-15 Supervisory officers, A290-38 PLACES OF WORSHIP Vehicles, A290-15 Testing, A290-45 Zoning, 280-13, 280-38, 280-78 Weapon, A290-15 Vehicles, A290-45 PLAYGROUNDS Construal of Provisions, A290-48 Water, A290-45 Subdivision of land, 240-43, Conflict with Police Benevo- Well A290-43 240-44, 240-52 - 240-53 lent As agree- Lieutenant, A290-8, A290-9 Zoning, 280-13 ments, A290-48 Disorderly conduct, A290-9 See also PARKS AND REC- Definitions, A290-46 Firearms, A290-9 REATION AREAS Detectives, A290-16 - A290-32 General duties, A290-8 PLUMBING Additional duties, A290-19 Intoxication, A290-9 Sewers and sewage disposal, Assignment, A290-17 Records, A290-9 215-36, 215-43 Composition, A290-18 Reports, A290-9 Subdivision of land, 240-47 Cooperation with other law en- Specific duties, A290-9 Zoning, 280-41, 280-45, 280-48, forcement agencies, Members of the Department, 280-58, 280-62, 280-78 A290-22 A290-33 POLICE DEPARTMENT Detectives to be on call, Duties, A290-33 Administration, 51-5 A290-32 Emergency, A290-33 Board of Police Commissioners, Documents, A290-28 Fill, A290-33 51-2. Dress, A290-29 Firearms, A290-33 Charges, 51-6 Inquiries, A290-25 License, A290-33 Compensation, 51-1 Inspections, A290-27 Minor, A290-33 Disciplinary action, 51-6 Intoxicating, A290-24 Notice, A290-33 Emergency, 51-4 Investigations, A290-17, Offenses, A290-33 Equipment, 51-I A290-19 - A290-21, Record, A290-33 Establishment, 51-1 A290-24, A290-25, Report, A290-33 Fined, 51-6 A290-31 Retirement, A290-33 Hearing, 51-6 Offenses, A290-19 Safety, A290-33 Investigation, 51-6 Procedures, A290-30 Vehicle, A290-33 Members, 51-1 Qualifications, A290-16 Weapon, A290-33 Notice, 51-6 Records, A290-28 Organization, A290-1- A290-5 20 04-15-2007 Absence or disability of Chief, A290-3 Chief of Police, A290-2 Disability, A290-3 Emergency, A290-3 Order of rank, A290-4 Powers and duties, A290-1 Report, A290-3 Seniority, A290-5 Sergeants, A290-10, A290-11 Emergencies, A290-11 General duties, A290-10 Record, A290-11 - Reports, A290-11 Specific duties, A290-11 Vehicles, A290-11 Word usage, A290-46 POLLUTION Boats, docks and wharves, 96-26 Sewers and sewage disposal, 215-38 Soil removal, 228-7 Waterfront consistency review, 268-3 Wetlands and shoreline, 275-3 Zoning, 280-48,280-58,280-62, 280-77, 280-91, 280-111, 280-143 PRELIMINARY PLANS Highway specifications, 161-2 - 161-3 PRELIMINARY PLATS Subdivision of land, 240-3, 240-6 - 240-8, 240-10, 240-13, 240-15 - 240-20, 240-22, 240-24 - 240-25, 240-53,240-58 PRIVATE SEWAGE DISPOSAL Sewers and sewage disposal, 215-37 PRIVY VAULT Sewers and sewage disposal, 215-37 PROHIBITED USES Zoning, 280-8, 280-111 PROPERTY MAINTENANCE Fire prevention and building con- struction, 144-6 PUBLIC ENTERTAINMENT AND SPECIAL EVENTS Appeals, 205-1 Carnivals, 205-1 Certain entertainment restricted, 205-1 Parking, 205-1 Permit, 205-1 Permitted use, 205-1 Sanitary facilities, 205-1 PUBLIC HEARINGS, NOTICE OF Assessment, 55-1 Hearings, 55-1 Newspaper, 55-1 Notice, 55-1 Providing notice of public hear- ings, 55-1 Record, 55-1 Set back, 55-1 SOUTHOLD INDEX Sign, 55-1 Powers and duties of records management officer, 59-14 - R - Program established, 59-12 Records, 59-11- 59-17 RADIATION Records Advisory Board, Zoning, 280-13 59-15 RECORDS Sign, 59-15 Boats, docks and wharves, 96-10, Storage, 59-12, 59-14 96-25 Sewers and sewage disposal, Buildings, unsafe, 100-7 215-35,215-43 Coastal erosion hazard areas, Soil removal, 228-6, 228-9, 111-10, 111-29 228-12 Community preservation fund, Streets and sidewalks, 237-24 17-22,17-34,17-35 Subdivision of land, 2 , -100-21, Domestic partnerships, 121-4 240-17, 240-19, 244 Ethics, 26-7, 26-23, 26-25 240-25, 240-29, 240-34, Fire prevention and building con- 240-38, 240-41, 24044 struction, 144-16 Tourist and trailer camps, 253-13 Flood damage prevention, 148-22 Zoning, 280-7, 280-31, 280-52, Harbor management, 157-12 280-55,280-92, 280-133, Landmark preservation, 170-5, 280-151, 280-154 170-11 RECREATIONAL VEHICLES Littering, 174-5 Flood damage prevention, 148-4, Peddlers, solicitors and transient 148-13 -148-15, 148-21 retail merchants, 197-8 Tourist and trailer camps, Police department, 51-2 253-20-253-21, 253-23, Police department rules and regu- 253-24 lations, A290-7, A290-9, Zoning, 280-4,280-137 A290-11, A290-15, RECYCLABLES A290-28, A290-33, A290-45 Solid waste, 233-1- 233-5 Public Access to Records, 59-1- RECYCLING 59-10 Solid waste, 233-6 Appeals, 59-8, 59-10 REGISTRATION Definitions, 59-1 Boats, docks and wharves, 96-10, Denial of access, 59-8 96-24 Designation of records access Harbor management, 157-12 officer, 59-3 Parking, 189-3, 189-4 Designation of records loca- Peddlers, solicitors and transient tion, 59-4 retail merchants, 197-1, Duties, 59-3 197-4,197-6 Exceptions, 59-2 Solid waste, 233-4 Fees, 59-9 Tourist and trailer camps, 253-14 Hours for public inspection, Vehicles and traffic, 260-27 59-5 Vehicles, motor -driven, 264-11 Inspection, 59-2 - 59-5, 59-9, REPORTS 59-10 Buildings, unsafe, 100-4 Investigations, 59-2 Coastal erosion hazard areas, Maintenance of list of records 111-27,111-29, 111-35 by subject matter, 59-7 Community preservation fund, Newspaper, 59-10 17-34 Notice, 59-10 Development rights, transfer of, Permit, 59-3, 59-7 117-7 Records, 59-2 - 59-10 Electrical inspections, 126-3 Safety, 59-2 Ethics, 26-25 Public hearings, notice of, 55-1 Flood damage prevention, 148-6, Records, 59-2 - 59-17 148-22 Records Management, 59-11- Highway specifications, 161-49 59-17 Landmark preservation, 170-5 Custody and control of re- Police department rules and regu- cords, 59-16 lations, A290,-3, A290-7, Definitions, 59-13 A290-9, A296-11, A290-13, Designation of records man- A290-15, A290 -31 - agement officer, 59-12 A290-33, A290-36 - Disposition of records, 59-17 A290-38, A290-44 Improvements, 59-15 Sewers and sewage disposal, Intent, 59-11 215-5, 215-7, 215-38 Subdivision of land, 240-19 21 04-15-2007 SOUTHOLD INDEX Tobacco advertising, 249-1 280-72,280-73, 280-82, Sewers and sewage disposal, Tourist and trailer camps, 253-14 280-88, 280-97, 280-99, 215-41 Transportation access manage- 280-111, 280-125, 280-128, Solid waste, 233-3 ment, 64-4 280-129, 280-131, 280-133, Subdivision of land, 240-4, Waterfront consistency review, 280-137, 280-142, 280-143, 240-53 268-4 280-146 Taxation, 245-11 Wetlands and shoreline, 275-7, SALES Tobacco advertising, 249-1- 275-8 Agricultural lands preservation, 249-3 Zoning, 280-29, 280-30, 280-70, 70-4,70-5 Vehicles, motor -driven, 264-6 280-151, 280-157 Boats, docks and wharves, 96-10, Zoning, 280-4,280-13, 280-26, RESTAURANTS 96-25 280-38, 280-45, 280-48, Wetlands and shoreline, 275-11 Community preservation fund, 280-52, 280-55, 280-58, Zoning, 280-4,280-13, 280-35, 17-9,17-24 280-62, 280-78, 280-79, 280-38, 280-41, 280-45, Development rights, transfer of, 280-143, 280-154 28048, 280-55, 280-78, 117-3, 1174,117-9 SCREEN 280-85 General provisions, 1-4, 1-10 Flood damage prevention, 148-16 RETIREMENT Harbor management, 157-12 Highway specifications, 161-22 - Ethics, 26-17 Highway specifications, 161-49 161-24, 161-29, 161-30, Police department rules and regu- Housing fund, 34-2, 34-4 - 34-6 161-42 lations, A290-33 Junkyards, 166-3 Sewers and sewage disposal, Taxation, 245-1,245-2 Open space preservation, 185-4, 215-38 Waterfront consistency review, 185-5 Soil removal, 228-7 268-3 Peddlers, solicitors and transient Subdivision of land, 24049 RIGHT OF ENTRY retail merchants, 197-4 - Tourist and trailer camps, 253-16 Fire prevention and building con- 197-6, 197-10 Zoning, 280-4, 280-7, 280-69, struction, 144-13 Sewers and sewage disposal, 280-73, 280-78, 280 -91 - Sewers and sewage disposal, 215-36 280-94, 280-129, 280-143 215-23 Subdivision of land, 240-34 SEEING EYE DOGS Taxation, 245-1, 245-2 Animals, 83-10 Tobacco advertising, 249-1. SEIZURE - S - Waterfront consistency review, Animals, 83-11 268-3 Vehicles and traffic, 260-24 SAFETY Zoning, 280-4, 280-13, 280-30, SEPTIC SYSTEMS Appearance tickets, 5-2 280-31, 280-38, 280-41, Sewers and sewage disposal, Boats, docks and wharves, 96-14, 280-45, 280-48, 280-52, 215-25 96-15, 96-26 280-55, 280-58, 280-62, Subdivision of land, 240-10 Buildings, unsafe, 100-2, 100-3 280-78, 280-79, 280-85, Wetlands and shoreline, 275-5 Coastal erosion hazard areas, 280-86, 280-98, 280-104, SEPTIC TANKS 111-17, 111-18 280-118 Junkyards, 166-7 Farm stands, 135-3 SALVAGE CENTERS Sewers and sewage disposal, Filming, 139-1, 139-3 Access, 211-4 215-2, 215-4, 215-5, 215-7, Flood damage prevention, 148-2, Applications, 211-3 215-8, 215-11,215-12, 148-4,148-7,148-18, Definitions, 211-1 215-19,215-21, 215-22, 148-22, 148-23 Fees, 211-3 215-27, 215-37, 215-39 Harbor management, 157-6 Liable, 211-6 Tourist and trailer camps, 253-7 Highway specifications, 161-6, parking, 211-3, 211-4 Wetlands and shoreline, 275-3 161-7,161-44,161-46 Penalties for offenses, 211-6 Zoning, 280-4 Parks and recreation areas, 193-6, Permit, 211-2, 211-3, 211-5 - SERVICE STATIONS 193-11 211-6 Zoning, 2804, 28048, 280-78 Police department rules and regu- Storage, 211-3 SETBACK lations, A290-33, A290-45 SANITARY FACILITIES Zoning, 280-85, 280-104, Records, 59-2 Flood damage prevention, 280-116 Sewers and sewage disposal, 148-19, 148-20 SETBACK 21544 Junkyards, 166-7 Zoning, 280-104,280-116, Shellfish, 219-6 Public entertainment and special 280-123,280-137 Soil removal, 228-1, 228-5, 228-7 events, 205-1 SETBACKS Subdivision of land, 240-2, 240-4, SANITATION Farm stands, 135-3 240-10,240-38, 240-43, Appearance tickets, 5-2 Public hearings, notice of, 55-1 240-45,240-46, 240-56 Sewers and sewage disposal, Soil removal, 228-5, 228-7 Transportation access manage- 215-30 Subdivision of land, 240-19, ment, 64-5 SCHOOL 240-43, 240-45 Vehicles and traffic, 260-26 Development rights, transfer of, Tourist and trailer camps, 253-21 Vehicles, motor -driven, 264-2, 117-7 Waterfront consistency review, 264-14, 264-15 Fire prevention and building con- 268-3 Wetlands and shoreline, 275-3, struction, 144-8 Wetlands and shoreline, 275-2, 275-11,275-12 Peddlers, solicitors and transient 275-3, 275-5 . Zoning, 280-2,280-3, 280-13, retail merchants, 197-10 Zoning, 280-4, 280-13, 280-15, 280-28, 280-67, 280-70, 280-24, 280-28, 280-43, 22 04-15-2007 SOUTHOLD INDEX 280-50, 280-60, 280-64, Notice, 215-23 Disconnection, 215-45 280-70, 280-72,280-73, Permit, 215-22, 215-23, Discretionary monitoring of 280-85, 280-104, 280-133, 215-25 effluents, 215-46 280-134,280-137 Responsibility of owner, Disorderly conduct, 215-40 SEWERS AND SEWAGE DIS- 215-22 Drainage, 215-36, 215-38, POSAL Right of entry, 215-23 215-39 Administration and Enforcement, Right to require maintenance, Easement, 215-43, 215-44 215-30 - 215-32 215-25 Emergency, 215-38 Administration and enforce- Septic system, 215-25 Excavations, 215-42 - 215-43 ment officer, 215-30 Septic tank, 215-22 Explosion hazard, 215-38 Compliance required, 215-32 Prohibited Wastes, 215-28, Explosive, 215-38 License, 215-31 215-29 Fees, 215-41 Notice, 215-31, 215-32 Cesspool, 215-28 Flammable, 215-38 Notice of violation, 215-31 Discharge, 215-29 Fuel, 215-38 Penalties for offenses, 215-32 Drainage, 215-28 Garbage, 215-36 - 215-38 Permit, 215-31, 215-32 Hazardous substances, 215-28 Gas, 215-38 Sanitation, 215-30 Industrial waste, 215-28 General discharge prohibi- Construction and Alteration, Prohibited wastes enumerated, tions, 215-38 215-8 - 215-10 215-28 - General waste disposal re - Cesspool, 215-8 Water, 215-28 - quirements, 215-37 Civil penalty, 215-9 Rates and Fees, 215-16 - 215-18 Grade, 215-43 Fees, 215-10 Construction permits, 215-16 Guaranty, 215-42 Penalty, 215-9 Fees for alteration and con- Heat, 215-38 Permit, 215-8 - 215-10 struction permits, 215-16 Industrial wastes, 215-36 - Septic tank, 215-8 Fees for operation permit, 215-38 Construction Requirements, 215-17 Inspection, 215-37, 215-38, 215-19 - 215-21 Permit, 215-16, 215-17 215-41, 215-43, 215-44 Cesspools, 215-19, 215-21 Tax rate, 215-18 Insurance, 215-42 Covering, 215-21 Well, 215-18 Liability, 215-38, 215-42, Dirt, 215-21 Septic Tanks and Cesspools, 215-44 Easement, 215-20 215-11 -215-15 License, 215-41, 215-42 Grass, 215-21 Affected properties, 215-11 Licensed drain layers, 215-42 Inspection, 215-21 Cesspool, 215-11, 215-12 Manholes, 215-38, 215-40 Landscaping, 215-21 Exceptions, 215-13 Meters, 215-38 Location, 215-20 No permit required of tenants, Multifamily dwellings, 215-41 Permits, 215-21 215-14 Notices, 215-37-215-38, Septic tanks, 215-19, 215-21 Permit, 215-11- 215-15 215-41- 215-43, 215-45 Standards, 215-19 Septic tank, 215-11, 215-12 Nuisance, 215-38 Trespassing, 215-20 Sewer Rents and Charges, Obstruction, 215-38 Costs and Expenses, 215-33 215-48 - 215-52 Odor, 215-38 Assessment of costs, 215-33 Actions to collect rents, Penalties for offenses, 215-38, Lien, 215-33 215-51 215-40, 215-45 Disposal Fees, 215-26 Assessments, 215-50, 215-52 Permit, 215-37, 215-38, Fee to be set by resolution, Liable, 215-51 215-40 - 215-43 215-26 Liens, 215-50, 215-51 Persons authorized to work on Effective Date, 215-34 . Penalty, 215-49 sewers, 215-42 When effective, 215-34 Penalty for late payment, Plumbing, 215-36, 215-43 General Provisions, 215-1 - 215-49 Pollution, 215-38 . 215-3 Purpose, 215-48 Powers and authority of in - Cesspool, 215-2 Rents, 215-49 spectors, 215-44 Definitions, 215-2 Sewer rent fund, 215-52 Private sewage disposal, Easement, 215-2 Sewer Use, 215-35 - 215-47 215-37 Purpose, 215-3 Abandoned, 215-37, 215-43 Privy, 215-37 Septic tank, 215-2 Air conditioning, 215-36 Privy vault, 215-37 Title, 215-1 Animals, 215-37,215-38 Purpose, 215-35 Water, 215-3 Asbestos, 215-43 Record, 215-35, 215-43 Improper Disposal, 215-27 Ashes, 215-38 Report, 215-38 Cesspool, 215-27 Barricades, 215-43 Safety, 215-44 Dumping, 215-27 Bond, 215-42 Sale, 215-36 Septic tank, 215-27 Building permits, 215-41 Schools, 215-41 Inspections and Maintenance, Building sewer permits, Screens, 215-38 215-22 - 215-25 215-41 Septic tanks, 215-37, 215-39 Cesspool, 215-22 Cesspools, 215-37, 215-39 Severability, 215-47 Civil claims, 215-24 Churches, 215-41 Standards for building sewers, Emergency, 215-23 Definitions, 215-36 215-43 Frequency of inspections, Dirt, 215-37 Storage, 215-36, 215-38 215-22 Discharges from private sys- Stormwater, 215-36,215-38 Inspections, 215-22, 215-23 tems, 215-39 Tampering prohibited, 215-40 23' 04-15-2007 SOUTHOLD INDEX Tests, 215-38, 215-43, 215-44 SIGNS SMOKE Toilet, 215-36 Appearance tickets, 5-2 Fire prevention and building con - Toxic substances, 215-38 Boats, docks and wharves, 96-23, struction, 144-8 Tree, 215-43 96-24 Police department rules and regu- Trenches, 215-39, 215-43 Coastal erosion hazard areas, lations, A290-45 Utility, 215-42,215-43 111-29 Tobacco advertising, 249-1 Water, 215-36 - 215-38, Fire prevention and building con- Zoning, 280-13, 280-48,280-58, 215-43 struction, 144-8 280-62, 280-99, 280-111, Watercourse, 215-36 Highway specifications, 161-11, 280-143 Water pollution, 215-38 161-12 SMOKE DETECTORS Well, 21543 Littering, 174-6 Fire prevention and building con - Word usage, 215-36 Parking, 189-3, 189-4 struction, 144-8 Transportation, 2154 - 215-7 Parks and recreation areas, 193-3 SMOKING Assessment, 215-5 Peddlers, solicitors and transient Tobacco advertising, 249-1 Cesspools, 215-4, 215-5, retail merchants, 197-12 SNOW AND ICE REMOVAL 215-7 Police department rules and regu- Streets and sidewalks, 237-20 Fees,'215-6 lations, A290-36 SOIL REMOVAL License, 2154 - 215-6 Public hearings, notice of, 55-1 Assessments, 228-6 Penalty, 215-5,215-7 Records, 59-15 Bond, 228-8, 228-9 Reports, 215-5, 215-7 Shellfish, 219-8 Building Inspector, 228-4 Septic tanks, 215-4, 215-5, Solid waste, 233-3, 233-4 Cash deposit, 228-9 215-7 Streets and sidewalks, 237-13, Cesspool, 228-4 Vehicles, 215-5 237-26 Combustible, 228-7 SHELLFISH Subdivision of land, 240-17, Comprehensive Plan, 228-6 Catching of Shrimp, 219-1- 240-19, 240-21,240-32 Drainage, 228-2,228-4, 228-5, 219-4 Tobacco advertising, 249-4 228-7 Brush, 219-1 Vehicles and traffic, 260-4, Driveway, 228-4 Effect, 219-3 260-6, 260-8 Dust, 228-2, 228-5, 228-7 Penalties for offenses, 219-4 Wetlands and shoreline, 275-11 Excavations, 228=1, 228-3 - Residence requirements, 219-2 Zoning, 280-4,280-13, 280-35, 228-7 Taking of shrimp by nonresi- 280-38, 280-41, 28045, Fees, 228-11 dents prohibited, 219-1 280-48,280-52, 280-55, Fences, 228-4,228-7 Taking of Shellfish and Eels, 280-58, 280-62, 280-69, Fill, 228-7 219-5 -219-21 280-72, 280-78, 280-80 - Garbage, 228-7 Blue claw crabs, 219-13 280-90, 280-101, 280-131, Grade, 228-4, 228-6, 228-7 Clams, 219-11 280-133, 280-134, 280-137 Grass, 228-7 Culling shellfish and restora- SINGLE-FAMILY DWELLINGS Hearings, 228-5, 228-12 tion of underwater lands, Fire prevention and building con- Height, 228-7 219-16 struction, 144-8 Improvement, 228-4 Definitions, 219-7 Wetlands and shoreline, 275-5 Insurance, 228-6 Display, 219-9 Zoning, 280-27, 280-28, 280-38 Intent of regulations, 228-2 Dredges and scrapes, 219-19 SITE PLANS Landscaping, 228-4 Eels, 219-15 Farm stands, 135-3 Legislative declaration, 228-1 Expiration, 219-9 Fire prevention and building con- Lots, 228-7 Fees, 219-9 struction, 144-8 Newspaper, 228-12 Liable, 219-21 Soil removal, 228-4 Noise, 228-5 License, 219-8 Tourist and trailer camps, 253-3 Notices, 228-5, 228-9,228-12 Mussels, 219-14 Zoning, 280-4, 280-13, 280-17, Nuisance, 228-5 Notices, 219-17 280-22, 280-29, 280-31, Operations excepted, 228-4 Oysters, 219-12 280-35, 280-38, 280-41, Parking, 228-7 Penalties for offenses, 219-21 280-45,280-48, 280-52, Penalties for offenses, 228-13 Permit, 219-8, 219-9, 219-13, 280-559 280-58, 280-62, Permit, 228-3 - 228-12 219-15, 219-21 280-69, 280-70, 280-92, Pollution, 228-7 Purpose, 219-6 280-104,280-119, 280-127, Records, 228-6, 228-9, 228-12 Restricted areas, 219-17 280-129 - 280-134, Regulations, 228-7 Safety, 219-6 280-136 - 280-138, 280-151, Safety, 228-1, 228-5, 228-7 Scallops, 219-10 280-154 Screening, 228-7 Sign, 219-8 SKETCH PLANS Setbacks, 228-5, 228-7 Title, 219-5 Highway specifications, 161-1 Site plan, 228-4 Transplanting of shellfish, Subdivision of land, 240-7, Storage, 228-7 219-18 240-10, 240-13, 240-16, Stormwater, 228-4 Vegetation removal prohib- 240-20 Vibration, 228-5 ited, 219-20 SKETCH PLAT Waiver by Town Board, 228-10 Water, 219-16 Subdivision of land, 240-6 - Water, 228-2, 228-45 228-5, SHOPPING CENTERS 240-13, 240-17, 240-20, 228-7 Vehicles and traffic, 260-14 240-26 -240-28 Well, 228-1 Zoning, 280-4, 280-48,280-87 Yards, 228-6, 228-11 24 04-15-2007 SOUTHOLD INDEX SOLID WASTE Landmark preservation, 170-12 Land -disturbing activities, 236-9 Garbage, Rubbish and Refuse, Waterfront consistency review, Penalties for offenses, 236-16 233-1-233-7 268-6 Permit, 236-10, 236-12 Brush, 233-4 STORAGE Prohibited discharges, 236-7 Commercial vehicles, 233-1, Boats, docks and wharves, 96-10, Requirements for all stormwater 233-4 96-25, 96-26 discharges, 236-8 Conveyance and transportation Fire prevention and building con- Statutory authorization, 236-2 of refuse, 233-5 struction, 144-8 Stormwater runoff control plans, Definitions, 233-1 Flood damage prevention, 236-13 Demolition, 233-1, 233-4 148-12, 148-16 Variances, 236-15 Dumping, 233-1, 233-2, 233-6 Harbor management, 157-6, Wetlands, 236-7, 236-13 Fees, 233-4 157-12 STREETLIGHTING Fuel, 233-3 Highway specifications, 161-29, Highway specifications, 161-3 - Garbage, 233-1-233-4 161-30 161-4,161-46 Grass clippings, 233-4 Junkyards, 166-3 Police department rules and regu- Hazardous waste, 233-2 Parking, 189-7 lations, A290-37, A290-38 Hearing, 233-7 Records, 59-12, 59-14 Subdivision of land, 240-17, Inspection, 233-4 Salvage centers, 211-3 240-21,240-46 Issuance and duration of per- Sewers and sewage disposal, STREET OPENINGS mits and licenses, 233-4 215-36,215-38 Streets and sidewalks, 237-13 Landscaping, 233-4 Soil removal, 228-7 Waterfront consistency review, License, 233-2 - 233-4, 233-7 Subdivision of land, 240-44 268-3 Newspaper, 233-1, 233-3 Tourist and trailer camps, 253-14 STREETS AND SIDEWALKS Notice, 233-7 Vehicles and traffic, 260-24 Notification of Defects, 237 -1 - Penalties for offenses, 233-6 Vehicles, motor -driven, 264-19 237-3 Permit, 233-2 - 233-4, 233-7 Waterfront consistency review, Meeting, 237-2 Recyclables, 233-1- 233-5 268-3 Obstruction, 237-1 Recycling, 233-6 Zoning, 280-4, 280-13, 280-389 Prior written notice required, Registration, 233-4 280-41, 280-48, 280-58, 237-1 School, 233-3 280-62, 280-78, 280-79, Statutory provisions super - Signs, 233-3, 233-4 280-88, 280-101, 280-104, seded, 237-3 Town Transfer Station, 233-3 280-110,280-111, 280-118, Transmission and presentation Trees, 233-4 280-1199 280-134, 280-137 of notices, 237-2 Vehicles, 233-1, 233-3 - 233-5 STORMWATER Snow and Ice Removal, 237-19 - Yard, 233-3,2334- Fire prevention and building con- 237-21 Yard waste, 233-3 struction, 144-10 Church, 237-20 SPECIAL EXCEPTIONS Highway specifications, 161-6, Dirt, 237-20 Farm stands, 135-3 *161-8, 161-27, 161-29, General maintenance, 237-20 Fire prevention and building con- 161-30,161-32,161-36 Intent, 237-19 struction, 144-8 Sewers and sewage disposal, Obstructions, 237-20 Zoning, 280-4, 280-13, 280-179 . 215-36,215-38 Penalties for offenses, 237-21 280-22, 280-35, 280-38, Soil removal, 228-4 Snow and ice removal, 237-20 280-41, 280-45, 280-48, Subdivision of land, 240-11, Vacant lot, 237-20 280-52, 280-55, 280-58, 240-19, 240-36, 240-44, Weeds, 237-20 280-62, 280-69, 280-70, 240-50, 240-51 Street Excavations, 237-4 - 280-74, 280-78, 280-130, Wetlands and shoreline, 275-3, 237-18 280-131, 280-139 - 280-142, 275-7 Applications, 237-7 280-144, 280-146; 280-149, Zoning, 280-72, 280-73, 280-129, Backfilling, 237-13 280-154 280-133, 280-143 Barricades, 237-12, 237-13 SPECIAL EXCEPTION USES STORMWATER MANAGE- Bond, 237-9, 237-18 Zoning, 280-4,280-35, 280-38, MENT Completion of work, 237-14 280-41, 280-45, 280-48, Applications, 236-12 Curbs, 237-16 280-58,280-62,280-78, Approved plans, 236-14 Definitions, 237-5 280-140, 280-141, 280-144 Buffers, 236-13 Emergencies, 237-13 SPEED LIMITS Certificates of occupancy, 236-16 Fees, 237-10 Boats, docks and wharves, 96-13 Compliance, 236-11 Fill, 237-13 Highway specifications, 161-12 Definitions and Abbreviations, Fine, 237-17 Transportation access manage- 236-4 Grade, 237-6, 237-13 ment, 64-5 Discharges, 236-6 Grass, 237-13 SPRINKLERS Enforcement, 236-16 Guarantee, 237-9 Fire prevention and building con- Erosion and sedimentation, Improvements, 237-6, 237-16 struction, 144-8, 144-16 236-13 Inspection, 237-14 STEEP SLOPES Excavations, 236-10, 236-13 Insurance, 237-8, 237-18 Subdivision of land, 240-4 Fill, 236-10, 236-13 Liable, 237-14 STOP -WORK ORDERS Floodplains, 236-13 Lighting, 237-12 Fire prevention and building con- Grade, 236-10,236-13 Notices, 237-11, 237-13 struction, 144-6 Illicit liquids, 236-7 Penalties for offenses, 237-17 Flood damage prevention, 148-14 Inspections, 236-16 25 04-15-2007 SOUTHOLD INDEX Permit, 237-6 — 237-11, Reservation of parkland on Natural features, 240-43 237-13, 237-15 — 237-18 subdivision plats contain- Notice, 240-44 Protective measures, 237-12 ing residential units, Odors, 240-44 Repair, 237-16 240-53 Open space, 240-42 — 240-44 Responsibility for damages, Safety, 240-56 Parking, 240-44 237-16 School, 240-53 Parks, 240-42 Revocation, 237-15 Standards and procedures for Penalty, 240-44 Short title, 237-4 acceptance of streets, Playgrounds, 240-43, 240-44 "Signs, 237-13 240-52 Protection and use of open Street opening, 237-13 Time limitations, 240-55 space lands created by Trenches, 237-13 Variances, 240-57 cluster development, Utilities, 237-11, 237-16 Vehicles, 240-54 240-44 Waiver of insurance and bond Waiver, adjustment of prop- Record, 240-44 requirements, 237-18 erty lines, 240-57 Recreation areas, 240-43, Water, 237-13, 237-16 Waivers of certain provisions, 240-44 Street Numbering, 237-22— 240-56 Safety, 240-43 237-29 When effective, 240-58 Setback, 240-43 Building Inspector, 237-28 Bonds and Other Security, Storage, 240-44 Building permit, 237-25, 240-31— 240-34 Stormwater, 24044 237-26 Default, 240-34 Utility, 240-42 Certificate of occupancy, Drainage, 240-32 Vehicles, 24044 237-25 Expiration and terms of bonds, Water, 240-42, 240-44 Changes, 237-24 240-34 Wells, 24044 Compliance deadline, 237-27 Final plat, 240-31, 240-32 Wildlife, 240-44 Definitions, 237-23 Forms of security, 240-34 Definitions, 240-3 Display of numbers, 237-26 Guarantee, 240-31, 240-33, Design Standards, 240-45 — Emergency, 237-22 240-34 240-48 Enforcement, 237-28 Guaranty, 240-34 Plumbing, 240-47 Fine, 237-29 Improvements, 240-31— Safety, 240-45, 24046 Height, 237-26 240-34 Setbacks, 240-45 Legislative intent, 237-22 Inspection, 240-32, 240-33 Strectlighting, 240-46 Numbering system estab- Landscaping, 240-32 Streets, 240-45 lished, 237-24 Liens, 240-34 Wastewater treatment systems, Penalties for offenses, 237-29 Maintenance bond, 240-33 240-47 Permit, 237-25, 237-26 Notification, 240-32 Water, 240-48 Posting of numbers, 237-25 Performance bond, 240-32 Water supply systems, 240-48 Records, 237-24 Permit, 240-34 Well, 240-45 Sign, 237-26 Purpose of performance bond, Yard, 240-45 Style and size, 237-26 240-3"1 Enforcement, 240-59 — 240-61 Tax bill, 237-27 Record, 240-34 Improvements, 240-59 Unnamed roads, 237-24 Sale, 240-34 Lots, 240-59 Vehicles, 237-26 Sign, 240-32 Methods of enforcement, Well, 237-22 Cluster Development, 240-42 — 240-61 SUBDIVISION OF LAND 24044 Penalties for offenses, 240-60 Additional Requirements, Animals, 240-44 Violations, 240-59 240-52 — 240-58 Assessments, 240-44 Final Plat Review, 240-20 — Appeals, 240-57 Authority and purpose, 240-42 240-25 Comprehensive Plan, 240-53 Buffers, 240-43 Action on final plats which are Easements, 240-54 Cluster development, 240-42 — in substantial agreement Effect on existing plats, 240-44 with approved prelimi- 240-58 Comprehensive Plan, 240-42, nary plats, 240-24 Final plat, 240-52, 240-53 240-43 Block, 240-21 Hearing, 240-53 Determination of location of Bond, 240-20,240-23, 240-25 Improvement, 240-53 open spaces created by Buffer, 240-21 Liability, 240-54 cluster development using Building pcmrits; 240-25 Lots, 240-53, 240-57 primary and secondary Certificate of approval, 240-21 Natural features, 240-53, conservation areas, Coordination of review of per - 240 -54 240-43 formance bond estimate, Notice, 240-54 Drainage, 24044 240-23 Open space, 240-54 Easements, 240-42, 240-44 Curb, 240-21 Parks and recreation areas, Emergency, 240-42 Drainage, 240-20, 240-21, 240-52— 240-54 Final plat, 240-42, 240-44 240-23, 240-25 Playgrounds, 240-52 — 240-53 Landscaping, 240-42, 240-43 Easements, 240-21 Preliminary plat, 240-53, Lien, 240-44 Environmental impact state - 240 -58 Lighting, 240-44 ment, 240-22, 240-25 Reservation of lands for pedes- _Livestock, 24044 Environmental review, 240-22 trian trails, 240-54 Lots, 240-42 — 24044 Final plats not in substantial Meeting, 240-43 agreement with approved 26 04-15-2007 SOUTHOLD INDEX preliminary plats or when Steep slopes, 2404 Water, 240-17, 240-19 no preliminary plat is re- Subdivision classifications, Wells, 240-17 quired, 240-25 240-5 Preservation of Natural Features, Fire hydrants, 240-21 Utility, 240-4 240-49 - 240-51 Grade, 240-21 Water, 240-4 Buffer, 24049 Hearings, 240-25 Wells, 240-4 Certificate of occupancy, Improvements, 240-20 Open Development Area, 240-49 Inspections, 240-20 240-26 -240-30 Clearing, 240-49 License, 240-21 Bond, 240-30 Drainage, 240-51 Lots, 240-21 Creation of lots, 240-30 Easements, 240-51 Meeting, 240-23 Drainage, 240-30 Final plat, 240-51 Monuments, 240-21 Easement, 240-26 - 240-28 Floodplains, 240-50 Newspaper, 240-25 Establishment, 240-26 Grade, 240-51 Notice, 240-22, 240-25 Final plat, 240-28 Grading, 240-49, 240-51 Open space, 240-21 General requirements, 240-27 Improvement, 240-51 Permits, 240-25 Hearings, 240-29, 240-30 Landscaping, 240-49 Preliminary plats, 240-20, Improvements, 240-30 Lots, 240A9, 240-51 240-22, 240-24 - 240-25 Lots, 240-26, 240-27, 240-30 Open space, 240-49 Records, 240-21, 240-25 Notice, 240-29, 240-30 Permit, 240-49, 240-51 Signs, 240-21 Permits, 240-26 Screen, 240-49 Sketch plan, 240-20 Procedure, 240-29 Stormwater, 240-50, 240-51 Sketch plat, 240-20 Records, 240-29 Stormwater, drainage and ero- Streetlights, 240-21 Sketch plat, 240-26 - 240-28 sion control, 240-51 Submission, 240-20 Submission requirements, Trees, 240-49 Technical requirements, 240-28 Water, 240-51 240-21 Preliminary Plat Review, Required Public Improvements; Test, 240-21 240-15 -240-19 Inspections; Fees, 240-35 - Trees, 240-21 Action on preliminary plat, 240-41 Utilities, 240-21 240-19 Abandoned, 240-37 Water, 240-21 Block, 240-17 Administration fee, 240-37 Wells, 240-21 Buffer, 240-17 Backfilling, 240-36 General Application Procedure; Comprehensive Plan, 240-19 Bond, 240-35,240-37 Submission Requirements; Curbs, 240-17 Bonding, 240-35 Fees, 240-6 - 240-8 Drainage, 240-17, 240-19 Design standards, 240-36 Assessment, 240-7 Easements, 240-17 Drainage, 240-35 - 240-37, Bond, 240-7 Environmental impact state- 240-41 Drainage, 240-7 ment, 240-18, 240-19 Excavation, 240-36 Fees, 240-8 Environmental review, 240-18 Fencing, 240-36 Final plats, 240-8 Final plat, 240-15, 240-16, Final plat, 240-35, 240-36, General application procedure, 240-19 240-41 240-6 Fire alarm, 240-17 Fire hydrants, 240-35, 240-36 Grading, 240-6 Fire hydrants, 240-17 Gas, 240-35 Improvement, 240-6 Grade, 240-17, 240-19 Grading, 24041 Preliminary plat, 240-6 - Hearings, 240-19 Guaranties, 240-38 240-8 Improvements, 240-16, 240-17 Improvements, 240-36 Sketch plan, 240-7 Lots, 240-17 Inspections, 240-36, 240-37 Sketch plat, 240-6 - 240-8 Manholes, 240-17 Landscaping, 240-36 Submission requirements, Master Plan, 240-17 Lots, 240-41 240-7 Monuments, 240-17 Mapping of completed im- General Provisions, 240-1, 240-2 Newspaper, 240-19 provements, 240-41 Open space, 240-2 Notices, 240-18 - 240-19 Meeting, 240-40 Purpose, 240-2 Official Map, 240-17 Modification of design of im- Safety, 240-2 Records, 240-17, 240-19 provements, 24040 Statutory authority, 240-1 Reports, 240-19 Monuments, 240-41 General Requirements; Classifi- Setbacks, 240-19 Notice, 240-36 cation, 240-4, 240-5 Signs, 240-17, 240-19 Permit, 240-36, 240-39 Comprehensive Plan, 240-4 Sketch plan, 240-16 Records, 240-38, 240-41 Drainage, 240-4 Sketch plat, 240-17 Required improvements and General requirements, 240-4 Stormwater, 240-19 utilities, 240-35 Grade, 240-4 Streetlighting, 240-17 Safeguards during construc- Lots, 2404 Submission, 240-16 tion, 240-39 Official Map, 240-4 Technical requirements, Safety, 240-38 Off-street parking, 240-4 240-17 Stormwater, 240-36 Parking, 2404 Test, 240-17 Testing, 240-35, 240-36 Parks, 240-4 Trees, 240-17 Utilities, 240-35, 240-36, Recreation areas, 2404 Utilities, 240-17 240-41 Safety, 240-4 Waiver of requirements, Waiver, 240-38 School, 2404 240-15 Water, 240-35, 240-36 27 04-15-2007 SOUTHOLD INDEX Watercourse, 240-41 Exemption granted, 245-10 Legislative intent and findings, Wells, 240-35,240-36 Exemption for Volunteer Fire 249-1 Sketch Plat Review, 240-9 - Fighters and Ambulance License, 249-2 240-14 Workers, 245-11, 245-12 Minors, 249-1 Action on sketch plat, 240-13 Amount, 245-11 Parks, 249-1 Block, 240-10 Applicability, 245-14 Penalties for offenses, 249-6 Cluster development, 240-10 Assessments, 245-11, 245-12 Permit, 249-2 Comprehensive Plan, 240-10, Effective date, 245-12 Report, 249-1 240-11 Exemption granted, 245-11 Restrictions, 249-3 Coordination with other agen- Qualifications, 245-11 Sales, 249-1 cies, 240-12 School, 245-11 Schools, 249-1- 249-3 Decision, 240-13 Unremarried spouses of volun- Severability, 249-7 Drainage, 240-9 - 240-11 teers killed in line of duty, Sign, 249-4 Easements, 240-10 245-13 Smoke, 249-1 Emergency, 240-10 Senior Citizen Exemption, Smoking, 249-1 Expiration, 240-14 245-1- 245-6 Time frame for compliance, Final plat, 240-13 Applications, 245-3 249-5 Fire hydrants, 240-10 Assessment, 245-4 Tobacco, 249-1-249-5 Grades, 240-10 Conditions, 245-2 Variance, 249-1 Grass, 240-10 Drug, 245-1 Well, 249-1 Hearings, 240-10, 240-13 Fine, 245-5 When effective, 249-8 Height, 240-10 Hearing, 2454 TOILET FACILITIES Improvements, 240-9, 240-10 Insurance, 245-1 Parks and recreation areas, 193-4 Inspection, 240-9 Notice, 245-4, 245-6 Sewers and sewage disposal, Lots, 240-10 Offenses, 245-5 215-36 Master Plan, 240-10 Partial- exemption for senior TOPSOIL REMOVAL Meeting, 240-13 citizens, 245-1 Highway specifications, 161-10 Monuments, 240-10 Penalties for offenses, 245-5 TOURIST AND TRAILER Notice, 240-13 Reapplications, 245-4 CAMPS Official Map, 240-10 Retirement, 245-1, 245-2 General Regulations, 253 -1 - Open space, 240-10 Sale, 245-1, 245-2 253-19 Parks, 240-10 Veterans' Exemption, 245-8, Application, 253-3 Permit, 240-10 245-9 Brush, 253-5 Preliminary plat, 240-10, Amount of exemption, 245-9 Communicable diseases, 240-13 Assessments, 245-8, 245-9 253-14 Record, 240-10 Purpose, 245-8 Definitions, 253-1 Recreation area, 240-10 Veterans, 245-8 Distance between cottages and Review of sketch plat, 240-11 War veterans and gold star par- other buildings or trailers, Safety, 240-10 ents tax exemption, 245-15, 253-9 Septic systems, 240-10 245-16 Distance from property lines Sketch plans, 240-10, 240-13 TESTS and roadways, 253-10 Stormwater, 240-11 Fire prevention and building con- Drainage, 253-5 Submission, 240-9 struction, 144-5, 144-18 Driveways, 253-3, 253-10 - Technical requirements, Highway specifications, 161-2, 253-11 240-10 161-6, 161-26, 161-29, Duties of owner, 253-14 Trees, 240-10 161-30,16140,16146 Entrances and exits, 253-15 Utilities, 240-10 Police department rules and regu- Fees, 253-4 Water, 240-9 - 240-11 lations, A29045 - Fence, 253-15 Wells, 240-9 - 240-10 Sewers and sewage disposal, Fine, 253-19 SWIMMING POOLS 215-38, 215-43,21544 Fire extinguisher, 253-14 Fire prevention and building con- Subdivision of land, 240-17, Garbage, 253-7, 253-14 struction, 144-8 240-21, 240-35, 240-36 Garbage collection, 253-7 Wetlands and shoreline, 275-3, Wetlands and shoreline, 2754 Graded, 253-5 275-11 Zoning, 28048, 280-58,280-62 Hearing, 253-2,2534 Zoning, 2804, 280-13,280-52, TIRES Inspection, 253-13 280-55 Junkyards, 166-1 License, 253-3 Littering, 174-3 Lighting, 253-3 Zoning, 280-48 Management, 253-12 - T - TOBACCO Minimum unit dimensions, Police department rules and regu- 253-8 TAXATION lations, A290-15 Newspaper, 2534 Business Investment Exemption, Tobacco advertising, 249-1- Nonapplicability, 253-18 245-7 249-5 Notice, 253-4 Exemption repealed, 245-7 TOBACCO ADVERTISING Other ordinances and regula- Exemption for Disabled Persons Definitions and word usage, tions, 253-17 With Limited Income, 249-2 Penalties for offenses, 253-19 245-10 Exceptions, 249-4 Permit, 253-2 - 253-4 Disabilities, 245-10 Public hearing, 253-4 28 04 -15 - 2007 Records, 253-13 Registration, 253-14 Report, 253-14 Roadways and driveways, 253-11 Screening by plantings, 253-16 Septic tanks, 253-7 Sewer system, 253-7 Site plan, 253-3 Site requirements, 253-5 Storage, 253-14 Trespassing, 253-15 Trespass on adjoining prop- erty, 253-15 Vehicles, 253-14 Water, 253-3, 253-6, 253-14 Water supply, 253-6 Weeds, 253-5 Well, 253-5, 253-11 Recreational Vehicle Parks, 253-20 - 253-24 Applicability of other chapter provisions, 253-24 Dates of operation, 253-23 Definitions, 253-20 Drainage, 253-22 Driveways, 253-22 Parks, 253-23 Roadways and driveways, 253-22 Setbacks, 253-21 Site requirements, 253-21 Time limit for accommoda- tion, 253-23 Vehicles, 253-20 - 253-21, 253-23, 253-24 Yard, 253-21 TOWERS Zoning, 280-4,280-67, 280-69 - 280-70, 280-72 - 280-75, 280-104 TOWING Boats, docks and wharves, 96-12 Police department rules and regu- lations, A290-15 TOXIC SUBSTANCES Sewers and sewage disposal, 215-38 TRANSPORTATION ACCESS MANAGEMENT Definitions, 64-3 Duties of Commission, 64-5 Improvements, 64-5 Lighting, 64-5 Litter, 64-5 Noise, 64-5 Parking, 64-5 Purpose, 64-2 Report, 64-4 Safety, 64-5 Speed limits, 64-5 Title, 64-1 Transportation Commission, 64-4 Vehicle, 64-5 Water, 64-5 When effective, 64-6 TREES Filming, 139-9 SOUTHOLD INDEX Highway specifications, 161-3, 161-11, 161-16, 161-29- 161-30, 161-42,161-44 Parks and recreation areas, 193-2 Sewers and sewage disposal, 215-43 Solid waste, 233-4 Subdivision of land, 240-10, 240-17,240-21,240-49 Vehicles and traffic, 260-4, 260-6 Wetlands and shoreline, 275-2 Zoning, 280-69,280-70, 280-73, 280-83, 280-92 - 280-95, 280-98, 280-118, 280-129, 280-130, 280-133, 280-136 TRENCHES Highway specifications, 161-36 Sewers and sewage disposal, 215-39,215-43 Streets and sidewalks, 237-13 TRESPASSING Sewers and sewage disposal, 215-20 Tourist and trailer camps, 253-15 Vehicles, motor -driven, 264-14 _U_ UNSAFE BUILDINGS, see BUILDINGS, UNSAFE UTILITIES Flood damage prevention, 148-3, 148-13, 148-15 - 148-16, 148-19 -148-22 Highway specifications, 161-46 Sewers and sewage disposal, 215-42,215-43 Streets and sidewalks, 237-11, 237-16 Subdivision of land, 240-4, 240-10, 240-17, 240-21, 240-35, 240-36, 240-41, 240-42 Vehicles and traffic, 260-8 Waterfront consistency review, 268-3 Wetlands and shoreline, 275-11 Zoning, 280-2, 280-4, 280-13, 280-22,280-29,280-58, 280-62,280-70,280-83, 280-112, 280-127, 280-129, 280-133 -V- VACANT LOT Fire prevention and building con- struction, 144-8 Streets and sidewalks, 237-20 Zoning, 280-30 VARIANCES Coastal erosion hazard areas, 111-20-111-24, 111-27 Ethics, 26-17 Flood damage prevention, 148-4, 148-7,148-9,148-14, 148-22 -148-23 29 Stormwater management, 236-15 Subdivision of land, 240-57 Tobacco advertising, 249-1 Waterfront consistency review, 268-3, 268-5 Zoning, 280-10, 280-28, 280-30, 280-81, 280-86,280-92, 280-121, 280-131, 280-137, 280-146,280-149, 280-154 VEHICLES Alcoholic beverages, 79-1 Appearance tickets, 5-2 Bicycles, 88-1 - 88-6 Boats, docks and wharves, 96-9, 96-24 Buildings, unsafe, 100-3, 1004 Coastal erosion hazard areas, 111-16 Filming, 139-3 Flood damage prevention, 148-4, 14843 -148-16, 148-21, 148-22 General provisions, 1-2 Highway specifications, 161-7, 161-20 Littering, 174-1, 174-3, 174-6 Parking, 189-1, 189-3 -189-4, 189-7 Parks and recreation areas, 193-1, 193-3,193-4 Peddlers, solicitors and transient retail merchants, 197-10 Police department rules and regu- lations, A290-11, A290-15, A290-33, A290-45 Sewers and sewage disposal, 215-5 Solid waste, 233-1, 233-3 - 233-5 Streets and sidewalks, 237-26 Subdivision of land, 240-44, 240-54 Tourist and trailer camps, 253-14, 253-20 - 253-21, 253-23, 253-24 Transportation access manage- ment, 64-5 Vehicles and traffic, 260-1 - 260-3, 260-7 - 260-27 Vehicles, motor -driven, 264-1- 264-7, 264-9, 264-11, 264-14 - 264-16, 264-18 - 264-20 Zoning, 280-2, 280-4, 280-48, 280-58, 280-72, 280-77 - 280-79, 280-99, 280-110, 280-129, 280-137, 280-143 VEHICLES AND TRAFFIC Emergency Removal of Vehicles, 260-23 - 260-25 Abandoned, 260-23 Authority to remove vehicles, 260-23 Emergency, 260-23 Fees, 260-24 Impoundment, 260-24 Notices, 260-25 Obstruction, 260-23 Parking, 260-23 04-15-2007 SOUTHOLD INDEX Seizure, 260-24 Stop intersections with flash- VETERANS TAX EXEMPTION, Storage, 260-24 ing signals, 260-5 see WAR VETERANS AND General Provisions, 260-1, 260-2 Stop intersections with stop GOLD STAR PARENTS Authority to install traffic con- signs, 260-4 VIBRATIONS trol devices, 260-2 Tree, 260-4, 260-6 Highway specifications, 161-21 Definitions of words and Wells, 260-4,260-6 Soil removal, 228-5 phrases, 260-1 Yield intersections, 260-6 Zoning, 280-48, 280-58, 280-62, Parking, 260-1 Truck Traffic, 260-26 280-99, 280-111, 280-143 One -Way Streets, 260-3 Restricted truck traffic, 260-26 Parking, Standing and Stopping, Safety, 260-26 260-7 - 260-22 VEHICLES, MOTOR -DRIVEN _W_ W - Additional Additional parking regula- Motor -Driven Vehicles, 264-14 - tions, 260-18 264-22 WAR VETERANS AND GOLD . Application, 260-7 Abandoned, 264-19 STAR PARENTS TAX EX - Bus stops, 260-21 Confiscation and redemption EMPTION Church, 260-17 of vehicles, 264-19 Definitions and Abbreviations, Driveways, 260-9, 260-15, Drugs, 264-15 245-15 260-17, 260-18 Emergency vehicles, 264-18 'Exemption granted, 245-16 Fire hydrants, 260-18 Enforcement, 264-17 Taxation, 245-15, 245-16 Fire lanes, 260-14 Exceptions, 264-18 WATER Fire wells, 260-16 Fine, 264-20 Animals, 83-3, 83-4 Fire zones, 260-20 Intent, 264-14 Boats, docks and wharves, 96-12, Handicapped parking, 260-17 Liable, 264-20 - 96-16, 96-26 License, 260-9, 260-17 Nuisance, 264-14 Coastal erosion hazard areas, Loading zones, 260-22 Penalties for offenses, 264-20 111-5 -111-7, 111-10, Lots, 260-12 Permit, 264-15, 264-20 111-13, 111-14, 111-29 No stopping zones, 260-19 .Presumptive evidence, 264-16 Community preservation fund, Parking, 260-8 - 260-12, Restitution, 264-20 17-8 Development rights, tiaasfer of, 260-14 -260-22 Restrictions, 264-15 Parking for limited time only, Safety, 264-14,264-15 117-7 260-11 Severability, 264-21 Fire prevention and building con - Parking or standing prohibited Storage, 264-19 struction, 144-8, 144-10 during certain times, Trespassing, 264-14 Flood damage prevention, 148-2, 260-15 When effective, 264-22 148-3,148-14- 148-16, Parking prohibited at all times, Unlicensed Motor -Driven Vehi- 148-18,148-19,148-22 260-8 cles, 264-1- 264-13 Harbor management, 157-1, Parking prohibited during cer- Conflicts with state law, 157-5 tain hours, 260-9 .264-11 Highway specifications, 161-11, Parking prohibited during cer- Definitions, 264-3 161-30,161-39,161-A tain months, 260-10 Exceptions, 264-6 Housing fund, 34-6 Permit, 260-9, 260-17 Impound, 264-9 Junkyards, 166-4 Public parking lots, 260-12 Impounded, 264-9 Littering, 174-4 Shopping center, 260-14 Impoundment, 264-9 Parking, 189-1 Signs, 260-8 Improvement, 264-6 Parks and recreation areas, 193-4 Stopping prohibited at all Notice, 264-8 Police department rules and regu- times, 260-13 Operation on private property lations, A290-45 Utility, 260-8 restricted, 264-5 Sewers and sewage disposal, Penalties, 260-27 Operation on Town property 215-3,215-28, 215-36 - Bus stop, 260-27 prohibited, 264-4 215-38,215-43 Curb, 260-27 Parents or guardians to be no- Shellfish, 219-16 Driveway, 260-27 tificd of violations, 264-8 Soil removal, 228-2, 228-4, Fines, 260-27 Penalties for offenses, 264-10 228-5,228-7 Fire hydrant, 260-27 Permit, 264-7 Streets and sidewalks, 237-13, Fire lanes, 260-27 Purpose, 264-2 237-16 Fire zone, 260-27 Registration, 264-11 Subdivision of land, 240-4, Handicapped parking, 260-27 Responsibility of parents or 240-9 - 240-11, 240-17, Inspection, 260-27 guardians, 264-7 240-19, 240-21, 240-35, Lots, 260-27 Safety, 264-2 240-36, 240-42, 240-44, Parking, 260-27 School, 264-6 240-48, 240-51 Penalties for offenses, 260-27 Severability, 264-12 Tourist and trailer camps, 253-3, Permit, 260-27 Title, 264-1 253-6, 253-14 Registration, 260-27 When effective, 264-13 Transportation access manage - Vehicle, 260-27 VETERANS ment, 64-5 Wells, 260-27 Taxation, 245-8 Waterfront consistency review, Stop and Yield Intersections, 268-2, 268-3, 268-5 260-4 -260-6 Wetlands and shoreline, 275-2 - School, 260-6 275-4, 275-7, 275-11, 275-12 Signs, 260-4, 260-6 30 04-15-2007 aeljj Le1n71�1IM Zoning, 280-2, 280-4, 280-7, See also BRUSH, GRASS AND Certificate of compliance, 280-8,280-13, 280-16, WEEDS 275-10, 275-13 280-22, 280-29,280-34, WELLS. Cesspools, 275-5 280-35, 280-51, 280-54, Highway specifications, 161-3 Conditions, inspection fees, 280-55, 280-73, 280-91, Parking, 189-2 performance guarantee 280-96, 280-99, 280-104, Subdivision of land, 240-4, upon issuance of permit, 280-112, 280-113, 280-116, 240-10, 240-17, 240-21, 275-9 280-128, 280-129, 280-133, 240-35, 240-44 Construction and operation 280-143 Vehicles and traffic, 260-4, standards, 275-11 WATERCOURSES 260-6,260-12,260-16, Contents of permit, 275-10 Fire prevention and building con- 260-27 Demolition, 275-5 struction, 144-10 Zoning, 280-133 Drainage, 275-5 - 275-7, Flood damage prevention, WETLANDS 275-11 148-13 -148-14 Stormwater management, 236-7, Driveways, 275-5 Sewers and sewage disposal, 236-13 Easement, 275-11 215-36 WETLANDS AND SHORELINE Excavation, 275-11 Subdivision of land, 240-41 Administration and Enforcement, Fees, 275-7 Zoning, 280-133 275-15,275-16 Fences, 275-5, 275-11 WATERFRONT CONSISTENCY Compliance requirements, Fill, 275-6, 275-11 REVIEW 275-16 Fuel, 275-5 Animals, 268-3 Coordination and enforcement, Garbage, 275-11 Appeals, 268-4, 268-5 275-15 Grading, 275-7,275-11 Assessment, 268-3, 268-5 Fine, 275-16 Grass, 275-11 Authority and purpose, 268-2 Notice, 275-16 Guarantee, 275-9, 275-10 Building Inspector, 268-6 Penalties for offenses, 275-16 Hearings, 275-8 Definitions, 268-3 Permit, 275-16 Height, 275-11 Emergency, 268-3 General Provisions, 275-1- Impoundment, 275-6 Enforcement, 268-6 275-4 Improvement, 275-5 Erosion and sedimentation, 268-2 Accessory structure, 275-2 Inspections, 275-7, 275-9 - Hazardous materials, 268-3 Assessment, 275-4 275-11 Hazardous substances, 268-5 Buffer, 275-2 Insurance, 275-9 Inspections, 268-3, 268-5 Cesspool, 275-3 Investigation, 275-8 Investigations, 268-3 Definitions, 275-2 Landscaping, 275-11 Landscaping, 268-3 Demolition, 275-2 Liability, 275-9 Management and coordination of Driveway, 275-3 Licenses, 275-6 LWRP, 268-4 Erosion and sedimentation, Lighting, 275-11 Open space, 268-2, 268-5 275-3 Meeting, 275-8 Penalties for offenses, 268-7 Exceptions, -275-4 Monument, 275-6 Pension, 268-3 Fence, 275-2 Notice, 275-8 - 275-10 Permit, 268-3 Findings, 275-3 Permit procedures, 275-5 Pollution, 268-3 Flood hazard areas, 275-3 Processing of application, Report, 268-4 Grass, 275-2 275-8 Retirement, 268-3 Improvement, 275-3 Reports, 275-7, 275-8 Review of actions, 268-5 Jurisdiction, 275-3 Restaurants, 275-11 Sale, 268-3 Landscaping, 275-3 Safety, 275-11, 275-12 Setback, 268-3 Permit, 275-2,275-4 - Septic systems, 275-5 Stop -work order, 268-6 Pollution, 275-3 Setback, 275-5 Storage, 268-3 Purpose, 275-3 Signs, 275-11 Street openings, 268-3 Safety, 275-3 Single-family dwellings, 275-5 Title, 268-1 Septic tank, 275-3 Standards for issuance of per - Utility, 268-3 Setbacks, 275-2, 275-3 mit, 275-12 Variances, 268-3, 268-5 Stormwater, 275-3 Stormwater, 275-7 Water, 268-2, 268-3, 268-5 Swimming pool, 275-3 Swimming pools, 275-11 Wildlife, 268-2, 268-3 Test, 275-4 Transferability, 275-14 WATER POLLUTION Title, 275-1 Utilities, 275-11 Boats, docks and wharves, 96-26 Trees, 275-2 Water, 275-7, 275-11, 275-12 Sewers and sewage disposal, Water, 275-2 - 275-4 Wildlife, 275-7, 275-11, 215-38 Weeds, 275-2 275-12 Wetlands and shoreline, 275-3 Wildlife, 275-3, 275-4 Yards, 275-7 WEAPONS Word usage, 275-2 WILDLIFE Parks and recreation areas, 193-6 Yard, 275-4 Coastal erosion hazard areas, Police department rules and regu- Permits, 275-5 - 275-14 111-6,111-12 -111-15 lations, A290-15, A290-33 Accessory structures, 275-5 Community preservation fund, WEEDS Application, 275-6 17-4,17-8 Highway specifications, 161-42 Assessment, 275-6 Parks and recreation areas, 193-6 Streets and sidewalks, 237-20 Backfilling, 275-11 Subdivision of land, 240-44 Tourist and trailer camps, 253-5 Bond, 275-9 Waterfront consistency review, Wetlands and shoreline, 275-2 Buffers, 275-5, 275-7, 275-11 268-2,268-3 31 04-15-2007 SOUTHOLD INDEX Wetlands and shoreline, 275-3, Permit, 280-151- 280-154 R-200 and R-400 Districts, 275-4,275-7,275-11, 275-12 Records, 2807151, 280-154 280-12 -280-14 Zoning, 280-129, 280-133 Remedies, 280-156 Accessory buildings and struc- Report, 280-151 tunes, 280-13 School, 280-154 Accessory structures, 280-13 - Y - Site plan, 280-151, 280-154 Accessory uses, 280-13 Special exception, 280-154 Animals, 280-13 YARDS Stop orders, 280-153 Apartment, 280-13 Fire prevention and building con- Variance, 280-154 Appeals, 280-13 struction, 144-8, 144-10 Affordable Housing (AHD) Dis- Building Inspector, 280-13 Highway specifications, 161-24 trict, 280-24 - 280-33 Bulk, area and parking regula- Soil removal, 228-6; 228-11 Accessory uses, 280-27 tions, 280-14 Solid waste, 233-3, 233-4 Administration, 280-31 Cemeteries, 280-13 Subdivision of land, 240-45 Apartments, 280-27 Certificate of compliance, Tourist and trailer camps, 253-21 Appeals, 280-28,280-31 280-13 Wetlands and shoreline, 2754, Applicability, 280-26 Certificate of occupancy, 275-7 Application procedure, 280-29 280-13 Zoning, 280-4, 280-7 - 280-8, Building Inspector, 280-31 Communicable diseases, 280-13, 280-15, 280-28, Building permit, 280-31 280-13 280-41, 280-43, 280-48, Bulk, area and parking regula- Drug, 280-13 280-50, 280-58, 280-60, tions, 280-28 Dust, 280-13 280-62, 280-64, 280-72, Certificate of occupancy, Emergency, 280-13 280-73, 280-78, 280-79, 280-31, 280-33 Fence, 280-13 280-86, 280-93, 280-96, Comprehensive Plan, 280-29 Fumes, 280-13 280-104 - 280-106,280-109, - Definitions, 280-25 Garages, 280-13 280-122, 280-124, 280-137, Fine, 280-33 Gas, 280-13 280-143 General regulations and re- Height regulations, 280-15 YARD WASTE quirements, 280-30 Home occupations, -280-13 Solid waste, 233-3 Hearing, 280-26, 280-29 Hospitals, 280-13 YOUTH BOARD Height, 280-28 Inspection, 280-13 Appointments, 68-5 Improvements, 280-25,280-30 Kennels, 280-13 Definitions and Abbreviations, Lots, 280-30, 280-31 Lighting, 280-13 68-2 Maintenance and upkeep, Lots, 280-13, 280-15 Membership, 68-5 280-32.1 Noise, 280-13 Powers and duties, 68-5 Meeting, 280-29 Odor, 280-13 Removal of members, 68-5 Newspapers, 280-26 Off-street parking, 280-13 Salaries and compensation, 68-5 Notice, 280-26, 280-29, One -family dwelling, 280-13 Terms of office, 68-5 280-30 Parking, 280-13, 280-14 Youth Bureau, 68-3, 684 Off-street parking, 280-27, Permit, 280-13 YOUTH BUREAU 280-28 Permitted uses, 280-13 Youth Board, 68-3, 68-4 Parking, 280-27, 280-28 Places of worship, 280-13 Youth Bureau Director, 68-4 Penalties for offenses, Playgrounds, 280-13 YOUTH BUREAU DIRECTOR 280-32.1, 280-33 Purpose, 280-12 Powers and duties, 68-4 Permit, 280-31 Radiation, 280-13 Youth Bureau, 684 Permitted uses, 280-27 Restaurants, 280-13 Purpose, 280-24 Safety, 280-13 Records, 280-31 Sales, 280-13 - Z- Reports, 280-29, 280-30 Schools, 280-13 ZONING Safety, 280-28 Setbacks, 280-13, 280-15 Accessory buildings and struc- Sales, 280-30, 280-31 Signs, 280-13 tures, 280-15 Schools, 280-26 Site plan, 280-13 Administration and Enforcement, Setback, 280-24, 280-28 Smoke, 280-13 280-151- 280-156 Single-family dwellings, Special exception, 280-13 Accessory buildings, 280-154 280-27, 280-28 Storage, 280-13 Administrative and enforcing Site plan, 280-29, 280-31 Swimming pools, 280-13 officer, 280-151 Use regulations, 280-27 Use regulations, 280-13 Appeals, 280-154 Utilities, 280-29 Utility, 280-13 Building Inspector, 280-151- Vacant lot, 280-30 Water, 280-13 280-155 Variance, 280-28 Well, 280-12,280-13 Building permits, 280-151- Variances, 280-30 Yard, 280-13,280-15 280-153 Water, 280-29 Amendments,_ 280-157 - 280-159 Certificates of occupancy, Well, 280-31 Additional notice requirements 280-151, 280-154 Yards, 280-28 relating to petitions for Fine, 280-155 Zoning Map, 280-29 proposed amendments, Inspections, 280-151, 280454 Agricultural -Conservation (A -C) 280-159 Nonconforming use, 280-154 District and Low -Density Assessment, 280-159 Notice, 280-153, 280-155 Residential R-80, R-120, Fees for petitions for proposed Penalties for offenses, 280-155 amendments, 280-158 32 04-15-2007 SOUTHOLD INDEX Hearings, 280-157, 280-159 Water, 280-7, 280-8 Purpose, 280-47 Meeting, 280-157 Yards, 280-7, 280-8 Restaurants, 280-48 Newspaper, 280-157, 280-159 Zoning Map, 280-6, 280-7 Retail stores, 280-48 Notice, 280-157, 280-159 Farmland Bill of Rights, 280-97 — Sales, 280-48 Procedures, 280-157 280-103 School, 280-48 Report, 280-157 Animals, 280-98, 280-99 Service stations, 280-48 Zoning Map, 280-157 — Appeals, 280-100 Setbacks, 280-50 280-159 Definitions, 280-98 Shopping centers, 28048 Board of Appeals, 280-145 — Dust, 280-99 Signs, 28048 280-150 Enforcement, 280-102 Site plan, 280-48 Accessory buildings, 280-149 Fences, 280-99- Smoke, 280-48 Accessory structures, 280-149 Grading, 280-99. Special exception, 280-48 Additional conditions and Holidays, 280-99 Special exception use, 280-48 safeguards, 280-147 Inspection, 280-101 Storage, 28048 Appeals, 280-145 — 280-150 Livestock, 280-98,280-99 Testing, 28048 Appointment, 280-145 Noise, 280-99 Tires, 28048 Building Inspector, 280-146 Notices, 280-97, 280-100 — Use regulations, 280-48 Fees, 280-149 280-101 Vehicle, 280-48 Fences, 280-149 Nuisance, 280-97, 280-99 Vehicles, 280-48 Hearings, 280-146, 280-150 Odor, 280-99 Vibration, 280-48 Membership, 280-145 Right to farm, 280-97 Yards, 280-48, 280-50 Notice, 280-146,280-150 Right to notice by brokers and General Provisions, 280-1— Permits, 280-146,280-149 agents, 280-101 280-4 Permitted use, 280-146 Right to notice provided by Accessory building, 280-4 Powers and duties, 280-146 Town agencies, 280-100 Accessory use, 280-4 Rules of conduct and proce- Right to undertake protected Apartment, 280-4 dure, 280-148 farm practices, 280-99 Appeals, 280-4 Safety, 280-146 Safety, 280-97, 280-99 Block, 2804 Special exceptions, 280-146, Sale, 280-98 Certificate of compliance, 280-149 Severability, 280-103 280-4 Variances, 280-146, 280-149 Sign, 280-101 Certificate of occupancy, Zoning Map, 280-146 Smoke, 280-99 280-4 Density, Minimum Lot Size and Storage, 280-101 Curb, 280-4 Bulk Schedules, 280-65, Trees, 280-98 Definitions, 280-4 280-66 Vehicles, 280-99 Drainage, 280-4 Conformance required, 280-66 Vibration, 280-99 Easements, 280-3, 280-4 Incorporation of new sched- Water, 280-99 Fence, 280-4 ules, 280-65 General Business (B) District, Final plat, 280-4 Parking, 280-65 280-47 —280-50 Flood hazard area, 2804 Repeal of existing schedule, Accessory uses, 28048 Garage, 280-4 280-65 Apartments, 28048 Grade, 280-4 Districts., 280-5 — 280-11 Appeals, 280-48 Guaranty, 280-4 Appeals, 280-9, 280-11 Bulk, area and parking re- Height, 2804 Building Inspector, 280-6, quirements, 280-49 Home occupation, 280-4 280-8 Church, 280-48 Hotel, 280-4 Building permits, 280-8 - Driveways, 280-48 Interpretation and conflicts, 280-10 Dust, 280-48 280-3 Certificate of occupancy, Fence, 280-48 Junkyard, 280-4 280-10 Fire extinguisher, 280-48 Landscaping, 280-4 District boundaries, 280-7 Flammable, 280-48 Lighting, 280-4 District designations, 280-5 Front yard setbacks, 280-50 Master Plan, 280-4 Effect of establishment of dis- Fuel, 280-48 Mobile home, 280-4 tricts, 280-8 Garages, 280-48 Motel, 280-4 Hearing, 280-11 Height, 280-48 Nonconforming uses, 280-2, Insurance, 280-10 Hospital, 280-48 280-4 Landscaping, 280-7 Hotel, 280-48 Official Map, 280-4 Lot recognition, 280-9 License, 280-48 Off-street parking, 280-4 Lots, 280-9 — 280-11 Lots, 280-48 Open space, 280-4 Merger, 280-10 Meeting, 280-48 Parking, 2804 One -family dwelling, 280-10 Motel, 28048 Permits, 280-2, 280-3 Open space, 280-8 Noise, 280-47, 280-48 Purposes, 280-2 Parks, 280-7 Odor, 28048 Recreational vehicle, 280-4 Permit, 280-8 — 280-10 Off-street parking, 280-48 Restaurant, 280-4 Prohibited uses, 280-8 Parking, 280-48, 280-49 Safety, 280-2, 280-3 Record, 280-7 ' Permit, 280-48 Sales, 2804 Screening, 280-7 Permitted uses, 28048 School, 2804 Variance, 280-10 Plumbing, 28048 Screening, 2804 Waiver of merger, 280-11 Pollution, 28048 Septic tank, 280-4 33 04-15-2007 SOUTHOLD INDEX Service station, 2804 Buffer, 280-92,280-94 — Testing, 280-62 Setback, 280-4 280-96 Use regulations, 280-62 Shopping center, 280-4 Building Inspector, 280-92 Utility, 280-62 Signs, 280-4 Curbs, 280-92 Vibrations, 280-62 Site plans, 280-4 Drainage, 280-91 Yards, 280-62, 280-64 Special exception use, 280-4 Driveway, 280-93 Light Industrial Park/Planned Of - Storage, 280-4 Driveways, 280-92 fice Park (LIO) District, Swimming pools, 280-4 Dust, 280-91 280-57 — 280-60 Title, 280-1 Fences, 280-92,280-94 Accessory uses, 280-58 Tower, 280-4 Front landscaped area, 280-93 Animals, 280-58 Utilities, 280-2, 280-4 General requirements, 280-92 Appeals, 280-58 Vehicles, 280-2, 280-4 Glare, 280-91, 280-94 Bulk, area and parking regula- Water, 280-2, 280-4 Grass, 280-93, 280-95 tions, 280-59 Yard, 280-4 Hearing, 280-92 Dust, 280-58 Zoning Map, 2804 Heat, 280-91 Explosives, 280-58 Hamlet Business (HB) District, Height, 280-94 Fuel, 280-58 28044-280-46 Landscaped parking area, Fumes, 280-58 Accessory uses, 280-45 280-95 Garages, 280-58 Apartments, 280-45 Lien, 280-92 Gas, 280-58 Appeals, 28045 Lots, 280-95 Heating, 280-58 Assessment, 28045 Noise, 280-91, 280-94 Noise, 280-58 Bulk, area and parking regula- Notice, 280-92 Nuisance, 280-58 tions, 280-46 Off-street parking, 280-95 Odors, 280-58 Garages, 280-45 Parking, 280-92, 280-95 Off-street parking, 280-58 Grocery stores, 28045 Pollution, 280-91 Parking, 280-58, 280-59 Hotel, 280-44, 280-45 Properties located adjacent to Permit, 280-58 Improvement, 280-45 creeks, 280-96 Permitted uses, 280-58 Meeting, 280-45 Purpose, 280-91 Plumbing, 280-58 Motel, 280-44, 280-45 Record, 280-92 Pollution, 280-58 Off-street parking, 280-45 Screen, 280-91— 280-94 Purpose, 280-57 Parking, 280-45, 280-46 Site plan, 280-92 Sales, 280-58 Permit, 280-45 Transition buffer area, 280-94 Schools, 280-58 Permitted uses, 280-45 Trees, 280-92 — 280-95 Setback, 280-60 Plumbing, 28045 Variance, 280-92 Setbacks, 280-60 Purpose, 28044 - Water, 280-91, 280-96 Signs, 280-58 Restaurants, 28045 Yards, 280-93, 280-96 Site plan, 280-58 Retail stores, 280-45 Light Industrial (LI) District, Smoke, 280-58 Sale, 280-45 280-61 —280-64 ( Special exception use, 280-58 School, 280-45 Accessory uses, 280-62 Storage, 280-58 Signs, 280-45 Animals, 280-62 Testing, 280-58 Site plan, 280-45 Appeals, 280-62 Use regulations, 280-58 Special exception use, 280-45 Bulk, area and parking regula- Utility, 280-58 Use regulations, 280-45 tions, 280-63 Vehicles, 280-58 Hamlet Density (HD) Residential Dust, 280-62 Vibrations, 280-58 District, 280-20 — 280-23 Explosives, 280-62 Yards, 280-58,280-60 Accessory buildings, 280-22 Front yard setbacks, 280-64 Limited Business (LB) District, Accessory uses, 280-22 Fuel, 280-62 280A0 — 280-43 Apartments, 280-22 Fumes, 280-62 Accessory uses, 280-41 Appeals, 280-22 Garages, 280-62 Appeals, 28041 Applicability, 280-21 Gas, 280-62 Bulk, area and parking regula- Bulk, area and parking regula- Lots, 280-61 tions, 280-42 tions, 280-23 Noise, 280-62 Fencing, 280-41 Heat, 280-22 Nuisance, 280-62 Hotels, 280-41 Parking, 280-23 Odors, 280-62 Landscaping, 280-41 Permit, 280-20 Parking, 280-62, 280-63 Lots, 280-41 Permitted uses, 280-22 Permit, 280-62 Parking, 280-42 Purpose, 280-20 Permitted uses, 280-62 Permitted uses, 280-41 Site plan, 280-22 Plumbing, 280-62 Plumbing, 280-41 Special exception, 280-22 Pollution, 280-62 Purpose, 28040 Use regulations, 280-22 Purpose, 280-61 Restaurants, 280-41 Utilities, 280-22 Sales; 280-62 Sales, 280-41 Water, 280-22 School, 280-62 Setback, 280-43 Zoning Map, 280-21 Setbacks, 280-64 Setbacks, 280-43 Landscaping, Screening and Signs, 280-62 Signs, 280-41 Buffer Regulations, 280-91— Site plan, 280-62 Site plan, 28041 . 280-96 Smoke, 280-62 Special exception use, 280-41 Appeals, 280-92 Special exception use, 280-62 Storage, 28041 Assessment, 280-92 Storage, 280-62 Use regulations, 280-41 34 04-15-2007 SOUTHOLD INDEX Yards, 280-41, 280-43 Height, 280-122 Churches, 280-38 Low -Density Residential R-40 Involuntary moves, 280-126 Insurance, 280-38 District, 280-16 — 280-19 Landscaping, 280-123 Meeting, 280-38 Accessory buildings, 280-19 Lots, 280-124 Parking, 280-39 Accessory uses, 280-17 Nonconforming buildings with Permitted uses, 280-38 Animal, 280-17 conforming uses, 280-122 Places of worship, 280-38 Appeals, 280-17 Nonconforming buildings with Purpose, 280-37 Bulk, area and parking regula- nonconforming uses, Restaurants, 280-38 tions, 280-18 280-123 Sales, 280-38 Hospital, 280-17 Nonconforming lots, 280-124 School, 280-38 Open space, 280-16 Permit, 280-121, 280-122, Signs, 280-38 Parking, 280-18 280-124,280-125 Single-family dwellings, Permit, 280-16 Purpose, 280-120 280-38 Permitted uses, 280-17 Repairs and maintenance, Site plan, 280-38 Purpose, 280-16 280-125 Special exception uses, 280-38 Site plan, 280-17 Safety, 280-125 Storage, 280-38 Special exception, 280-17 Setback, 280-123 Use regulations, 280-38 Use regulations, 280-17 Variance, 280-121 Resort Residential (RR) District, Water, 280-16 Yard, 280-122,280-124 280-34 — 280-36 Marine II (MII) District, 280-54 — Parking and Loading Areas, Accessory uses, 280-35 280-56 280-77 — 280-79 Appeals, 280-35 Accessory uses, 280-55 Accessory use, 280-78 Bulk, area and parking regula- Appeals, 280-55 Air pollution, 280-77 tions, 280-36 Bulk, area and parking regula- Animal, 280-78 Hotels, 280-35 tions, 280-56 Apartment, 280-78 Motels, 280-35 Curb, 280-55 Appeals, 280-78, 280-79 Parking, 280-36 Fuel, 280-55 Commercial vehicles, 280-78 Permitted uses, 280-35 Hotels, 280-55 Curbs, 280-78 Purpose, 280-34 Insurance, 280-55 Drainage, 280-78 Restaurants, 280-35 Motels, 280-55 Driveways, 280-78 Signs, 280-35 Parking, 280-56 Fence, 280-78 Site plan, 280-35 Permitted uses, 280-55 Garages, 280-78 Special exception use, 280-35 Purpose, 280-54 Grade, 280-78 Use regulations, 280-35 Record, 280-55 Height, 280-78 Water, 280-34,280-35 Restaurants, 280-55 Home occupation, 280-78 Severability, 280-160 Sales, 280-55 Hospital, 280-78, 280-79 Signs, 280-80 — 280-90 School, 280-55 Hotels, 280-78, 280-79 Abandoned, 280-88 Signs, 280-55 Landscaping, 280-78 Advertising, 280-80, 280-81, Site plan, 280-55 Lots, 280-78,280-79 280-85 Special exception, 280-55 Meeting, 280-78 Animal, 280-85 Swimming pools, 280-55 Mobile home, 280-78 Appeals, 280-81, 280-86 Use regulations, 280-55 Motel, 280-78 Applicability, 280-81 Water, 280-54,280-55 Off-street loading areas, Application, 280-81 Marine I (MI) District, 280-51— 280-79 Approval, 280-81 280-53 Off-street parking areas, Assessment, 280-88 Accessory uses, 280-52 280-78 Building Inspector, 280-81, Appeals, 280752 Parking, 280-77 — 280-79 280-85, 280-88 Bulk, area and parking rcgula- Place of worship, 280-78 Certificate of occupancy, tions, 280-53 Plumbing, 280-78 280-85 Fuel, 280-52 Pollution, 280-77 Driveway, 280-85 Insurance, 280-52 Purpose, 280-77 Fees, 280-81 Parking, 280-53 Restaurant, 280-78 Fences, 280-82, 280-85 Permitted uses, 280-52 Sales, 280-78, 280-79 Gas, 280-83 Purpose, 280-51 School, 280-78, 280-79 General design principles, Record, 280-52 Screening, 280-78 280-82 Sales, 280-52 Service station, 280-78 Grade, 280-85 School, 280-52 Signs, 280-78 Height, 280-82, 280-85 Signs, 280-52 Special exception uses, 280-78 Hotel, 280-85 Site plan, 280-52 Storage, 280-78, 280-79 Improvement, 280-88 Special exception, 280-52 Vehicles, 280-77 — 280-79 Liable, 280-88 Swimming pools, 280-52 Yards, 280-78, 280-79 Lien, 280-88 Use regulations, 280-52 Residential Office (RO) District, Lighting, 280-81, 280-83, Water, 280-51 280-37 — 280-39 280-87, 280-88 Nonconforming Uses and Build- Accessory uses, 280-38 Limitation of content or copy, ings, 280-120 — 280-126 Apartments, 280-38 280-84 Appeals, 280-121 Appeals, 280-38 Motel, 280-85 Building permit; 280-121, Bulk, area and parking regula- Nonconforming signs, 280-90 280-124, 280-125 tions, 280-39 Nonconforming use, 280-90 35 04-15-2007 SOUTHOLD INDEX Notice, 280-88 Gas, 280-129 Special Exception Uses, Obstructions, 280-80 Glare, 280-129 280-139 - 280-144 Parking, 280-85 Grade, 280-129, 280-133, Additional conditions and Penalty, 280-88 280-134,280-136 safeguards, 280-144 Permit, 280-81, 280-85; Guaranty, 280-131 Appeals, 280-140 - 280-142, 280-89, 280-90 Handicap, 280-129 280-144 Prohibitions and general re- Hearings, 280-131, 280-137 Application, 280-141 strictions, 280-83 Height, 280-134 Approval, 280-141 Purpose, 280-80' Historical features, 280-133 Approval required, 280-140 Restaurant, 280-85 Improvements, 280-129," Buffer, 280-143 Safety, 280-82,280-88 280-131, 280-133, Building permit, 2280-140 Sales, 280-85, 280-86 280-137 Church, 280-143 Setbacks, 280-85 Inspections, 280-137 Demolition, 280-140 Shopping centers, 280-87 Investigations, 280-130 Dust, 280-143 Sign illumination, 280-87 Land clearing, 280-136 Emergency, 280-143 Specific sign requirements, Landscaping, 280-129, Gases, 280-143 280-86 280-131, 280-133,. General standards, 280-142 Specific signs, 280-85 280-134, 280-137 _ Hearing, 280-141 Storage, 280-88 License, 280-133 Matters to be considered, Transition, 280-89 Lighting, 280-129, 280-133, 280-143 Tree, 280-83 280-137 Natural features, 280-143 Unsafe, abandoned and unlaw- Lots, 280-137 Noise, 280-143 ful signs, 280-88 Meeting, 280-131, 280-133 Notice, 280-141 Utility, 280-83 Natural features, 280-129, Odors, 280-143 Variances, 280-81, 280-86 280-133 Off-street parking, 280-143 Yard, 280-86 Notice, 280-131, 280-137 Parking, 280-143 Site Plan Approval, 280-127 - Objectives, 280-129 - Permit, 280-140, 280-141 280-138 Off-street parking, 280-129, Permitted uses, 280-143 Accessory uses, 280-127 280-133, 280-137 Pollution, 280-143 Appeals, 280-130, 280-131, Open space, 280-127, Purpose, 280-139 280-137 280-128, 280-137 Safety, 280-142, 280-143 Applicability; 280-127 Parking, 280-127 - 280-129, School, 280-143 Application requirements, 2807131, 280-133, Screening, 280-143 280-133 280-134,280-137 Smoke, 280-143 Approval of site plan required, Penalties for offenses, 280-136 Stormwater, 280-143 280-130 Permit, 280-127, 280-130, Vehicles, 280-143 Architectural Review Commit- 280-131, 280-134, Vibration, 280-143 tee, 280-135 280-137 Violations of conditions, Architectural review stan- Purpose, 280-128 280-141 dards, 280-134 Records, 280-133 Water, 280-143 Assessment, 280-133 Recreational vehicles, 280-137 Yards, 280,-143 Block, 280-133 Review procedure, 280-131 Supplementary Regulations, Bonds, 280-137 Safety, 280-128, 280-129, 280-104-280-119 Building Inspector, 280-127, 280-131, 280-133, Accessory buildings, 280-104, 280-130, 280-131 280-137 280-107 Building permit, 280-127, Screening, 280-129 Accessory structures, 280-116 280-130, 280-134 Setbacks, 280-133, 280-134, Access requirements, 280-109 Certificate of occupancy, 280-137 Air pollution, 280-111 280-130 Signs, 280-131, 280-133, Animal, 280-111 Cluster development, 280-137 280-134, 280-137 Block, 280-116 Curbs, 280-131, 280-133, Special exception, 280-130, Buffer, 280-118 280-137 280-131 Building Inspector, 280-109 Drainage, 280-127,280-129, Standards for residential site Building length and separation 280-133 plans, 280-137 for buildings containing Driveways, 280-137 Storage, 280-134, 280-137 multiple dwellings, Duration of plan, 280-132 Stormwater, 280-129, 280-133 280-107 Easements, 280-133 Trees, 280-129, 280-130, Building permit, 280-114 Emergency, 280-137 280-133, 280-136 Building setback requirements Excavation, 280-129 Utilities, 280-127, 280-129, adjacent to water bodies Fee schedule for site plan ap- 280-133 and wetlands, 280-116 plications, 280-138 Variances, 280-131, 280-137 Certificate of occupancy, Fences, 280-133, 280-134 Vehicles, 280-129, 280-137 280-112 Findings of fact, 280-128 Water, 280-128, 280-129, Commercial vehicles, 280-110 Fire hydrants, 280-133, 280-133 Corner lots, 280-106 280-137 Watercourses, 280-133 Courts, 280-108 Flood hazard areas, 280-129, Wells, 280-133 Dust, 280-111 280-133 Wildlife, 280-129,280-133 Elevators, 280-104 Garages, 280-134 Yard, 280-137 Excavations, 280-114 36 04-15-2007 SOUTHOLD INDEX Exceptions and modifications, Appearance, 280-73 280-104 Assessment, 280-70 Explosives, 280-111 Bond, 280-73 Fences, 280-104-280-106, Buffers, 280-73 280-114 Building Inspector, 280-70 Filled land, 280-113 Building permit, 280-70 Fuel, 280-111 Design standards, 280-72 Garage, 280-104 Drainage, 280-73 Gas, 280-111 Driveway, 280-73 Glare, 280-111, 280-117 Fences, 280-69, 280-70, Grade, 280-108, 280-114 280-72, 280-73 Height, 280-104 - 280-109, Grade, 280-69 280-117 Height, 280-69, 280-705 Inspection, 280-110 280-72,280-73 Land under water, 280-113 Historic buildings and dis- Lighting, 280-111, 280-111 tricts, 280-71 Long-term outdoor display or Inspections, 280-70 storage, 280-119 Landscaping, 280-70, 280-729 Lots, 280-106,280-109, 280-73 280-113,280-116 License, 280-69 - Monuments, 280-104 Lien, 280-74 Multifamily dwelling, 280-108 Lighting, 280-72, 280-73 Noise, 280-111 Location of use, 280-69 Obstructions, 280-104, Nonconforming uses, 280-75 280-106, 280-111 Notice, 280-74 Odor, 280-111 Off-street parking, 280-72 Off-street parking, 280-109 Parking, 280-72, 280-73 One -family dwelling, 280-109 Permit, 280-70,280-72 Open storage, 280-110 Permitted use, 280-69 Parking, 280-109, 280-110, Purpose, 280-67 280-117 Removal, 280-74 Permit, 280-113 - 280-115 Report, 280-70 Pollution, 280-111 Safety, 280-67,280-70, Prohibited uses in all districts, 280-72,280-73 280-111 Scope,280-68 Provisions for community wa- Screen, 280-69, 280-73 ter, sewer and utility fa- Setbacks, 280-70,280-72, cilities, 280-112 280-73 Public roads, encumbrances to, Severability, 280-76 280-111 Signs, 280-69, 280-72 Safety, 280-111 Site plan, 280-69, 280-70 Sales, 280-104, 280-118 Special exception, 280-69, Setbacks, 280-104, 280-116 280-70, 280-74 Site plan, 280-104, 280-119 Stormwater, 280-72, 280-73 Smoke, 280-111 Towers, 280-67, 280-69 - Storage, 280-104, 280-110, 280-70, 280-72 - 280-75 280-1119 280-118, Trees, 280-69, 280-70, 280-73 280-119 Utility, 280-70 Temporary outdoor display or Vehicles, 280-72 storage, 280-118 Water, 280-73 Tourist camps, camp cottages Yard, 280-72, 280-73 and trailers, 280-115 ZONING MAP Towers, 280-104 General provisions, 1-4 Trees, 280-118 Zoning, 280-4,280-6, 280-7, Utility, 280-112 280-21, 280-29, 280-113, Vehicles, 280-110 280-1469 280-157 - 280-159 Vibration, 280-111 Water, 280-104, 280-112, 280-113, 280-116 Yards, 280-104 - 280-106, 280-109 Zoning Map, 280-113 Wireless Communication Facili- ties, 280-67 - 280-76 Abandonment, 280-74 Antennas, 280-68, 280-70, 280-72, 280-73 Appeals, 280-70 37 04-15-2007