HomeMy WebLinkAbout2010 Code Supplement - 08/01/2010GENERAL CODE
INSTRUCTIONS
Town of Southold Code Supplement No. 15
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 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.
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Index Pages 1 – 40
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Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 1-2010; 2-
2010; 4-2010.
08-01-2010
§ 275-3 WETLANDS AND SHORELINE § 275-3
maintenance of existing populations and species diversity; prevention of loss or
degradation of critical wildlife and plant habitat; prevention of new stormwater runoff
discharge and the improvement of existing stormwater runoff discharges; protection of
coastal ecosystems which support the continued viability of harvestable shellfish and
fmfish habitat; public access to water and land; improvement of groundwater recharge;
and the minimization of the impact of new development, restoration and/or expansion on
the resource area values listed above.
C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code
of Southold. [Amended 10-11-2005 by L.L. No. 17-20051
(1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet
meadow, bog, or vernal pool;
(2) Any creek, estuary, stream, pond, canal, or lake;
(3) Land under water;
(4) Land subject to tidal action;
(5) Land within 100 feet of the areas listed above.
D. Setbacks. [Amended 10-11-2005 by L.L. No. 17-20051
(1) The following minimum setbacks apply to any and all operations proposed on
residential property within the jurisdiction of the Board of Trustees:
(a) Wetland boundary.
[1] Residence: 100 feet.
[2] Driveway: 50 feet.
[3] Sanitary leaching pool (cesspool): 100 feet.
[4] Septic tank: 75 feet.
[5] Swimming pool and related structures: 50 feet.
[6] Landscaping or gardening: 50 feet.
[7] Placement of C & D material: 100 feet.
(b) Bluff line.
[1] Residence: 100 feet.
[2] Driveway: 100 feet.
[3] Sanitary leaching pool (cesspool): 100 feet.
[4] Swimming pool and related structures: 100 feet.
275:13 08-01-2010
§ 275-3 SOUTHOLD CODE § 275-4
(2) The Board of Trustees reserves the right to waive or alter these setbacks where
site-specific and/or environmental conditions justify such action.
§ 2754. Exceptions.
A. The provisions of this chapter shall not require a permit for the following: [Amended
10-11-2005 by L.L. No. 17-2005; 12-18-2007 by L.L. No. 23-20071
(1) The ordinary and usual operations incidental to the harvesting of fish and shellfish.
(2) The ordinary and usual operations relative to conservation of soil, vegetation, fish
and wildlife landward of the wetland boundary.
(3) The ordinary and usual operations relative to preexisting commercial agriculture
and horticulture landward of the wetland boundary.
(4) The ordinary and usual operations relative to residential horticulture within
Trustees' jurisdiction provided they are limited to the use of noninvasive native
species of vegetation. This exception does not include activity on a bluff.
Re -grading and removal of trees are not considered such ordinary and usual
operations. [Amended 3-23-2010 by L.L. No. 1-20101
(5) The ordinary and usual maintenance or repair (of the same dimensions) of a
functional building, dock, pier, wharf, jetty, groin, dike, dam or other water -control
device or structure, for which structure a wetland permit has been issued by the
Town.
(6) Environmental testing activities, including test borings, small volume soil
sampling, environmental assessment and inventory activities, provided such
operations do not have an undue adverse impact on the wetlands and tidal waters
of the Town.
(7) The ordinary and usual maintenance or repair of a man-made pond as defined in
§ 275-2. This exception does not apply to filling of unlined man-made ponds.
(8) Proactive restoration or enhancement projects conducted in cooperation with the
Trustees, including, but not limited to, salt marsh restoration, eelgrass plantings or
other vegetative enhancement work.
(9) Installation or burial of a residential propane tank within 100 feet of wetlands in an
existing, established yard area when more appropriate upland placement is not
possible. [Added 10-11-2005 by L.L. No. 17-20051
(10) Installation of new or replacement windows, roof shingles, doors, dormers and
siding on existing structures only.
(11) Notwithstanding the above listed exceptions, operations within a designated
nondisturbance buffer are prohibited.
275:14 08-01 - 2010
§ 275-4 WETLANDS AND SHORELINE § 275-5
B. Nothing contained in this section shall alter the jurisdiction of the Southold Town Board
of Trustees. These listed exceptions do not provide an exemption from the requirements
of other departments or agencies. [Amended 12-18-2007 by L.L. No. 23-20071
ARTICLE II
Permits
§ 275-5. Permit procedures.
A. Permit required. Notwithstanding any prior course of conduct or permission granted, no
person shall conduct operations on any area within Trustee jurisdiction (§ 275-3C)
without first obtaining a written permit therefor issued by the Trustees as hereinafter
provided and only while such permit remains in effect.
B. Administrative permit.
(1) The administrative permit review process is intended to provide for expedited
review for projects that are deemed consistent with the Board's policy regarding
protection of wetland resources. If the proposed operations meet with all the
current setback requirements as defined by § 275-3 and do not pose a threat to the
overall function and condition of wetlands or adjacent buffer areas, applicants may
request an administrative permit review. This review does not relieve the applicant
of providing all the application requirements (§ 275=6) or obtaining permits from
other jurisdictions, including, but not limited to, New York State Department of
Environmental Conservation and United States Army Corp of Engineers. Under the
administrative review process, each application will be reviewed by at least one
member of the Board. See § 275-811 for details of approval.
(2) The following operations will be considered for administrative review, in
accordance with the standards set forth in § 275-11: [Amended 10-11-2005 by
L.L. No. 17-2005; 12-18-2007 by L.L. No. 23-20071
(a) Construction, installation or removal of a split rail fence, open arbor, trellis
or other similar structure, provided that such operation will not have an
undue adverse impact on the wetlands and tidal waters of the Town. Concrete
footings are not permitted within wetlands.
(b) Removal of any material or structure, provided that a project limiting fence
and a silt fence with hay bales is installed to contain disturbance if deemed
necessary and provided that such operations will not have an undue adverse
impact on the wetlands and tidal waters of the Town.
(c) Construction of additions to the landward side of an existing functional
single-family dwelling, where such dwelling generally lies parallel to the
wetland boundary and provided that all new and existing runoff is captured
on site. Such addition must be less than or equal to 25% of the area
(footprint) of the existing structure.
275:15 08-01-2010
§ 275-5 SOUTHOLD CODE § 275-5
(d) Remodeling, renovation or reconstruction of a structure, provided that such
activity will not have an undue adverse impact on the wetlands and tidal
waters of the Town.
(e) Construction of accessory structures for existing single-family dwellings,
provided that such activity will not have an undue adverse impact on the
wetlands and tidal waters of the Town and the setback is no less than 50 feet.
(f) Construction or improvement of pervious residential driveways or walkways,
provided that such activity will not have an undue adverse impact on the
wetlands and tidal waters of the Town.
(g) The demolition, removal, relocation, repair and/or upgrading of existing fuel
tanks with a capacity of less than 550 gallons, fuel lines, fuel dispensers,
cesspools, septic systems, or sanitary wastewater activities, including
necessary site work, and provided that such activity will not have an undue
adverse impact on the wetlands and tidal waters of the Town. [Amended
3-23-2010 by L.L. No. 1-20101
(h) Construction or installation of drainage structures for the retention of runoff,
provided that such structures incorporate the maximum feasible setback from
wetlands and - provided that such activity will not have an undue adverse
impact on the wetlands and tidal waters of the Town.
(i) Cutting of common reed (Phragmites australis) to within 12 inches of the soil
surface landward of the wetland boundary. This does not include mowing to
ground level.
(j) The construction of a permitted bulkhead as per § 275-11, which is to replace
an existing functional bulkhead, subject to the following:
[1] That the new bulkhead is constructed substantially similar to the design
and measurement of the existing bulkhead; and
[2] The new bulkhead is in the same location as the existing bulkhead.
[3] Any such operations shall require the addition of a nonturf pervious
buffer area.
(k) Minor changes to existing, valid Trustee permits. The Trustees reserve the
right to determine whether the changes qualify for administrative review.
(1) Minor restoration or alterations of landscaping.
(m) Decks. -
(n) Minor alterations to existing permitted shoreline structures including stairs,
bulkheads and docks.
(o) Installation or burial of a residential propane/liquid gas tank 25 feet or greater
from wetlands in an existing, established yard area when more appropriate
275:16 08-01 - 2010
§ 275-5 WETLANDS AND SHORELINE § 275-6
upland placement is not possible. Installation or burial of a propane tank less
than 25 feet from wetlands is prohibited.
(p) Dredging work necessitated by the accumulation of silt from runoff or other
circumstances not the result of activity by or on behalf of the owner of the
property.
(q) An application for proposed aquaculture activity that includes surface
mounting gear in an area greater than five square yards: [Added 3-23-2010
by L.L. No. 1-20101
(3) Any such activities shall require the addition of a nonturf buffer area not to exceed
20 feet wide as defined in § 275-2.
C. Emergency permits. The Trustees may issue a temporary emergency permit where
specific exigent circumstances exist that may result in personal or property loss or
damage. Upon expiration of temporary permit or before the date of expiration, the
applicant must apply for a permit as set forth in §§ 275-5, 275-6 and 275-7. [Added
3-23-2010 by L.L. No. 1-20101
§ 275-6. Application.
A. Contents of application. A permit may be issued upon the written, verified application of
the person proposing to perform operations on wetlands. Three copies of the complete
application, including all written descriptions, pictures and surveys, shall be submitted to
the Clerk. Such application shall contain the following information: [Amended
10-11-2005 by L.L. No. 17-20051
(1) The name and address of the applicant and the source of the applicant's right to
perform such operations (e.g., whether applicant is the owner, lessee, licensee,
contractor, etc.). In all cases where the applicant is not the owner of the premises
where such operations are proposed to be conducted, the notarized consent of the
owner, duly acknowledged, must be attached to said application.
(2) A schedule for the proposed activities with a completion date.
(3) The purpose of the proposed operations.
(4) The amount of material proposed to be removed or deposited, and/or the type, size
and location of any proposed structure.
(5) A description of the area from which the removal or in which the deposit of
material is proposed, or in which structures are to be erected. The description shall
be appropriately referenced to a permanent reference point or monument.
(6) The depth to which the removal or the deposit of material is proposed throughout
the area of operations, and the proposed angle of repose of all slopes.
275:16.1 08-01 - 2010
§ 275-7 WETLANDS AND SHORELINE § 275-8
(2) The consultant fee may be required for expert opinion regarding, but not limited
to, wetland resource area surveys and delineations, analysis of resource area
values, wetland resource area reports, hydrological and drainage analysis, wildlife
habitat analysis, shellfish surveys, and environmental land use law, or any of the
following:
(a) Placement, removal or grading of at least 50 cubic yards of material;
(b) Five hundred square feet or greater alteration of a resource area;
(c) Shoreline or bank alteration to a coastal or inland waterway;
(d) Five hundred square feet or greater alteration to land in a naturally vegetated
condition that constitutes a resource buffer area.
(e) Discharge of any pollutants into or contributing to surface or groundwater of
the resource area;
(f) Construction of any stormwater control facility, or water control structure.
E. Dock and float fee. Every application for a new dock or float shall include a fee equal to
$3 per square foot for residential and commercial docks. Commercial docks are any
structures that are rented, leased or otherwise used to generate income, including, but not
limited to, those structures located on properties zoned M1 and M2. [Added 10-11-2005
by L.L. No. 17-2005; amended 3-23-2010 by L.L. No. 1-2010]
F. Dredging fee. Every application for a permit for dredging within Town -owned
underwater lands shall include a fee as set by the Town Board based on the amount of
cubic yard of dredge spoil to be removed. [Added 12-18-2007 by L.L. No. 23-20071
§ 275-8. Processing of application.
A. Presubmission conference. Applicants are encouraged to schedule a voluntary
presubmission site visit to discuss the proposed operations with the Board. Discussions in
the field are purely advisory and nonbinding, but this meeting is intended to facilitate
communication between the applicant and the Board. There will be a fee of $50 for this
conference. [Amended 10-11-2005 by L.L. No. 17-2005]
B. Investigation and coordination. Upon receipt of the application, the Clerk shall forward
one copy thereof to the Conservation Advisory Council, when appropriate, one copy to
the Planning Department, one copy to the Zoning Board, and one copy to be filed with
the office of the Trustees. The Conservation Advisory Council shall review said
application and the effect, if any, on the wetlands and tidal waters of the Town that may
result from the proposed operations and shall, within 20 days of receipt of the same,
forward its written report of findings and recommendations with respect to such
application to the Trustees. If the Conservation Advisory Council shall recommend that
such application be disapproved, the reasons for such disapproval shall be set forth in
such report. If no response is received within 20 days, the application is not subject to
further Conservation Advisory Council review.
275:19 08-01 -2010
§ 275-8 SOUTHOLD CODE § 275-9
C. All paperwork relative to an application shall be submitted at least seven days before the
scheduled hearing. The submittal of additional paperwork after this time may result in
delays in processing of the application.
D. Hearing. The Trustees shall hold a public hearing on such application. Notice shall be
provided pursuant to Chapter 55, Notice of Public Hearings, of the Town Code.
E. Action. After the public hearing on such applications, the Trustees shall either adopt a
resolution directing the issuance of a permit or adopt a resolution denying the
application. A resolution directing the issuance of a permit may be adopted only if the
Trustees find that the proposed operations will conform to the standards set forth in
§ 275-11 hereof. If the Trustees adopt a resolution denying an application for a permit,
the reasons for such denial shall be set forth in the resolution.
F. Modifications and amendments. Any and all modifications and amendments of existing
permits shall be reviewed by the Trustees in accordance with the standards set forth in
this chapter, and may be subject to public hearing.
G. Tabled applications. If an applicant tables an application for any reason, it will be
considered withdrawn if it does not go to public hearing within four months of the time it
was tabled. After such time the applicant will have to reapply for a permit.
H. Administrative permits. An administrative permit includes operations that are deemed to
have no adverse environmental impact, and a public hearing and notice are not required
prior to issuance of a permit. The final decision will be made upon resolution.
[Amended 3-23-2010 by L.L. No. 1-20101
§ 275-9. Conditions, inspection fees, performance guarantee upon issuance of permit.
The Trustees may, upon the adoption of a resolution directing the issuance of a permit:
A. Impose such conditions on the manner and extent of the proposed operations as they
deem appropriate, consistent with the purpose of this chapter.
B. Fix the time by which operations must be commenced and within which they must be
completed.
C. Require the payment of inspection fees.
D. Under certain circumstances the Board may require the submittal of as -built plans, upon
completion of operations, stamped by a licensed surveyor and/or engineer.
E. Performance guarantee. The Trustees may require a performance guarantee to ensure the
proposed operations are conducted in compliance with a permit. If the work is not
conducted as described in the permit or such work is causing harm to the protected
resource, notice will be given in writing. The Board may require, as a permit condition,
that performance and observance of other conditions be secured by one or both of the
following methods:
275:20 08-01 - 2010
§ 275-9 WETLANDS AND SHORELINE § 275-10
(1) Bond;
(2) Deposit of money;
(3) Negotiable securities; or
(4) Other undertaking of financial responsibility.
F. Liability insurance. The applicant for a permit shall, before the issuance of said permit by
the Clerk, file with the Clerk a certificate that the contractor chosen to perform the work
under the permit has liability insurance policies insuring against any liability which may
arise in the performance of the operations pursuant to such permit, which said policies
shall name the Town as an additional insured.
§ 275-10. Contents of permit.
Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be
valid for a period of two years from the date of approval. Said permit may be renewed for two
consecutive one-year periods at the discretion and review of the Board. Each permit shall state
the following:
A. The name of the permittee.
B. The date of issuance and expiration of the permit.
C. A schedule of when operations will be conducted.
D. The conditions imposed by the Trustees on the issuance of the permit.
E. The specific location of the areas to be affected by the operations of the permittee.
F. A statement that "The validity of this permit is or may be subject to the approval of other
governmental or municipal authorities. The Town accepts no responsibility in applying
for or obtaining such approval. In the event that such approval is necessary, the holder of
this permit shall not commence operations hereunder until such approval has been
obtained in writing. The failure to obtain such other approval when required shall subject
this permit to immediate revocation by the Clerk upon receipt by the Clerk of written
notice from such other governmental or municipal authorities of its refusal or
disapproval." Acceptance of the permit is acceptance of this condition.
G. A statement that "The permittee does, by the acceptance of this permit, assume all
responsibility for operations undertaken pursuant to this permit, and shall take all
precautions for the prevention of injuries to persons and property resulting from such
operations. By such acceptance, the permittee also agrees to indemnify and save harmless
the Town and its officers, agents and employees from any and all claims arising from
operations under this permit and any and all acts or omissions of the applicant, his agents
and employees." Acceptance of the permit is acceptance of this condition.
H. A statement that "The permittee and the owner and occupants of the premises upon
which the operations authorized by this permit are being conducted do, by the acceptance
of this permit, give consent to the Town and its officers, employees and agents to enter
275:21 08-01 -2010
§ 275-10 SOUTHOLD CODE § 275-11
upon the premises where such operations are being conducted to make such inspections
to determine whether said operations are being .conducted in conformity with the permit
and, if necessary, to conduct said operations according to the performance guarantee
(§ 275-9E)."
I. A statement that "The permittee is required to notify the Trustees in writing one week
prior to initiation of any and all operations."
J. A statement that "The permittee is required to notify the Trustees in writing upon
completion of operations such that the site can be inspected for issuance of a certificate
of compliance (§ 275-13)."
K. A statement that "The permittee is required to provide evidence that a copy of this
Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice
covenant and deed restriction to the deed of the subject parcel. Such evidence shall be
provided within 90 calendar days of issuance of this permit." [Added 10-11-2005 by
L.L. No. 17-2005; amended 3-23-2010 by L.L. No. 1-20101
L. A statement that "The permittee is required to conspicuously post the permit and have
the supporting Trustees` stamped plans available for immediate inspection at the work
site at the commencement of work until which time the project is completed. [Added
12-18-2007 by L.L. No. 23-20071
§ 275-11. Construction and operation standards.
A. General. The following standards are required for all operations within the jurisdiction of
the Trustees:
(1) Drainage upgrade. Applicants for a permit for any form of construction may be
required to upgrade the site's drainage system such that all surface water generated
from impervious surfaces shall be kept onsite through infiltration or retention.
Applicants proposing grading or filling operations will be required to submit a
drainage plan for the entire site at the discretion of the Trustees. See § 275-6A(14)
for requirements.
(2) Erosion control. Installation of an erosion control structure is necessary during any
building, grading, landscaping or site work activity within Trustee jurisdiction.
This structure may include, but is not limited to, installation of a silt fence, hay
bales, wood chip berm and silt booms. The placement of the erosion control
structure(s) shall be determined by the Trustees or their designee. All intertidal
construction and excavation requires the installation of a silt boom that will retain
all suspended sediments within the immediate project area.
(3) New and remodeled homes. New and remodeled homes cannot be situated or
modified such that they project closer to the wetland boundary than homes on
either side of the subject lot.
(4) Fences. Trustees reserve the right to permit erection of a fence where the applicant
has shown that there is a need to protect his/her private property. In these rare
cases, only split -rail fences are allowed on beaches and wetlands. Such fences shall
275:22 08-01-2010
§ 275-11 WETLANDS AND SHORELINE § 275-11
be perpendicular to the waterline and not closer than 10 feet to MHW. Only one
posted sign per 100 linear feet of fence is allowed. Posted signs shall be no larger
275:22.1 08-01 -2010
§ 275-11 WETLANDS AND SHORELINE § 275-11
numbers shall be at least three inches high and constructed of metal,
wood, plastic or other material such that they can withstand exposure to
the elements and are visible -from the water.
[7] Except for structures used for water -dependent uses, there shall be no
permanent structure located on or above the docks, ramps and floats.
[8] Any application for a dock to be constructed at the end of a
right-of-way or commonly held land requires the written consent of all
parties having an interest in the right-of-way, regardless of how
property interests in the upland parcel may be divided among the
owner(s), lessee(s), occupant(s), easement holder(s), or any other
person(s) or entity(ies) with a legal or beneficial interest in any existing
or proposed docking facility.
[9] All applicants for docks, including catwalks and ramps, extending
across the foreshore shall be required to give and maintain a public
passing way on the landward end of the dock, not less than five feet in
width, to enable persons to pass and repass around said dock or by steps
or a ramp allowing pedestrian passage. [Amended 3-23-2010 by L.L.
No. 1-2010]
[10] Preexisting nonpermitted and/or nonconforming structures cannot be
replaced in kind without full review and approval by the Trustees.
[11] Personal watercraft or "jet ski" floats cannot be added to any float,
stairway, or dock without a Trustee Permit. [Added 10-11-2005 by
L.L. No. 17-20051
[12] Lighting: Any and all lights associated with docks, floats or poles must
be directed on the subject structure and not out into the adjacent
wetland, waterway or property. Lights shall not be on unless the dock is
in active use. [Added 10-11-2005 by L.L. No. 17-2005]
[13] Utilities and Water: If power and/or water are to be installed on a dock,
plans for the installation must be provided to the Trustees at the time of
application, Installation of such amenities on an existing permitted dock
requires obtaining a permit amendment from the Trustees. [Added
10-11-2005 by L.L. No. 17-20051
(b) Dock locations and lengths. [Amended 10-11-2005 by L.L. No. 17-20051
[1] No dock shall be erected or extended if, in the opinion of the Trustees,
such structure would adversely affect navigation, fisheries, shell
fisheries, scenic quality, habitats or wetland areas.
[2] Within creeks and other narrow waterways, no dock length shall exceed
1/3 the total width of the water body. Determination of the length of the
dock must include the dimensions of the vessel.
[3] Prohibited locations and activities.
275:27 08-01-2010
§ 275-11 SOUTHOLD CODE § 275-11
[a] No new docks will be permitted over vegetated wetlands or such
that it causes habitat fragmentation of vegetated wetlands in the
following areas: Downs Creek, Hallocks Bay, Hashamomuck
Creek and Pond, Long Creek (branch of Mattituck Creek, East of
Grand Avenue bridge), Pipe's Cove Creek and West Creek.
[Amended 12-18-2007 by L.L. No. 23-20071
[b] Machine excavation is prohibited in tidal or freshwater wetland
areas.
[c] Placement of fence, mesh or other material preventing passage
under docks is prohibited,
[d] No floating docks, floats, dock components, duck blinds or boats
shall be stored on tidal wetlands, other intertidal areas or
freshwater wetlands.
(c) Regulations for the placement and configuration -of docking facilities.
[1] Residential docks. [Amended 10-11-2005 by L.L. No. 17-20051
[a] Only one catwalk may be permitted per residential lot. Only one
mooring or dock may be permitted per residential lot. Upon a
showing of special need due to low water level and hazard to
property, the Trustees may permit both a mooring and a dock for
the same residential property. [Amended 12-18-2007 by L.L. No.
23-2007]
[b] If any part of a residential dock structure includes a float or
floating dock, the float or floating dock portion shall be designed
so that, with the exception of the pilings:
[i] It is no larger than six feet wide and 20 feet long except on
Fishers Island if the need is demonstrated; or of equal square
footage as determined by the Trustees; [Amended
12-18-2007 by L.L. No. 23-20071
[ii] No part of the floating dock will contact the bottomland
during a normal low tide.
[c] In determining the permitted length of a proposed residential dock,
the Trustees shall seek to maintain lengths consistent with the
other docks (i.e., pier line) in the waterway which meet the
requirements of this chapter.
[d] Pilings shall not project more than three feet above the surface of a
dock or catwalk unless a need for greater height is demonstrated.
[e] All excess fill from installation of pilings must be removed from
tidal or freshwater wetland area on the same day as installation and
disposed of in an approved upland disposal area.
275:28 08-01 -2010
§ 275-12 WETLANDS AND SHORELINE § 275-12.1
A. Adversely affect the wetlands of the Town.
B. Cause damage from erosion, turbidity or siltation.
C. Cause saltwater intrusion into the fresh water resources of the Town.
D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and
vegetation or the natural habitat thereof.
E. Increase the danger of flood and storm -tide damage.
F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the
Town.
G. Change the course of any channel or the natural movement or flow of any waters.
H. Weaken or undermine the lateral support of other lands in the vicinity.
I. Otherwise adversely affect the health, safety and general welfare of the people of the
Town.
J. Adversely affect the aesthetic value of the wetland and adjacent areas.
§ 275-12.1. Stop -work orders. [Added 12-18-2007 by L.L. No. 23-20071
A. The Bay Constable, Zoning Inspector, or Code Enforcement Officer is authorized to issue
stop -work orders pursuant to this section. The Bay Constable, Zoning Inspector, or Code
Enforcement Officer shall issue a stop -work order to halt: [Amended 3-23-2010 by L.L.
No. 1-20101
(1) Any work that is determined by the Bay Constable, Zoning Inspector, or Code
Enforcement Officer to be contrary to any applicable provision of this chapter, or:
(a) Any work that is being conducted in a dangerous or unsafe manner in the
opinion of the Bay Constable, Zoning Inspector or Code Enforcement
Officer, without regard to whether such work is or is not work for which a
Trustee permit is required, and without regard to whether a Trustee permit
has or has not been issued for such work; or
(b) Any work for which a Trustee permit is required which is being performed
without the required Trustee permit, or under a Trustee 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 Bay Constable, Zoning Inspector, or Code Enforcement
Officer; [Amended 3-23-2010 by L.L. No. 1-20101
(3) State the reason or reasons for issuance;
275:31 08-01-2010
§ 275-12.1 SOUTHOLD CODE § 275-15
(4) If applicable, state the conditions which must- be satisfied before work will be
permitted to resume.
C. The Bay Constable, Zoning Inspector, or Code Enforcement Officer 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 Bay Constable,
Zoning Inspector, or Code Enforcement Officer 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. [Amended
3-23-2010 by L.L. No. 1-2010]
D. Upon issuance of the 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.
§ 275-13. Certificate of compliance.
A certificate of compliance shall be issued by the Trustees prior to use or occupancy of a
structure, which has been erected, enlarged, or altered pursuant to the issuance of a permit in
this chapter.
§ 275-14. Transferability.
A permit issued pursuant hereto shall not be transferred or assigned without the prior approval
and review of the Trustees. The fee for transferring said permit shall be $50.
ARTICLE III
Administration and Enforcement
[Amended 9-21-2004 by L.L. No. 19-2004; 10-11-2005 by L.L. No. 17-20051
§ 275-15. Coordination and enforcement. [Amended 3-23-2010 by L.L. No. 1-20101
The Director of Code Enforcement, Zoning Inspector, and/or the Bay Constable are
responsible for coordination and enforcement of the provisions of this chapter. The Director of
Code Enforcement, Zoning Inspector, and Bay Constables have the authority to issue
violations of this chapter.
275:32 08-01-2010
§ 275-16 WETLANDS AND SHORELINE § 275-16
§ 275-16. Compliance requirements; penalties for offenses.
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 any provisions of this chapter or to fail
in any manner to comply with a written notice, directive or order of the Director of Code
Enforcement, Zoning Inspector, or Bay Constable or to conduct any operation in a
manner not in compliance with a permit issued pursuant to this chapter. [Amended
3-23-2010 by L.L. No. 1-20101
B. For each offense against any of the provisions of this chapter or any regulations made
pursuant thereto, or failure to comply with a written notice or order of any Director of
Code Enforcement, Zoning Inspector, or 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 Director of Code
Enforcement, Zoning Inspector, or Bay Constable shall be.subject to the following fine
schedule. Each day on which such violation occurs may constitute a separate, additional
offense. [Amended 12-18-2007 by L.L. No. 23-2007; 3-23-2010 by L.L. No. 1-20101
(1) Failure to obtain a permit. Any person conducting operations within the
jurisdiction of the Trustees without first obtaining a permit according to the
procedures outlined in this chapter shall be subject to a fine of not less than $1,000
and not more than $4,000 or a term of imprisonment of not less than 15 days nor
more than six months, or both.
(2) Failure to comply with the terms of a permit.
(a) Any person failing to comply with the terms of a permit shall be subject to a
fine of not less than $500 and not more than $4,000. For each subsequent
offense, the violator shall be guilty of a misdemeanor punishable by a fine
not less than $1,000 nor more than $7,500 or a term of imprisonment of not
less than 15 days nor more than six months, or both.
(b) Any person failing to comply with posting the permit and/or the requirement
for supporting plans to be available for immediate inspection pursuant to
§ 275-10 shall be subject to a fine of not more than $1,000.
(3) Failure to heed a stop -work order. Any person conducting operations in direct
contradiction to the terms of a stop -work order shall be subject to a fine of not less
than $1,000 and not more than $4,000. For each subsequent offense, the violator
shall be guilty of a misdemeanor punishable by a fine not less than $1,000 nor
more than $7,500 or a term of imprisonment of not Iess than 15 days nor more
than six months, or both.
(4) Restoration. In lieu or in addition to these punishments, any offender may be
punished by being ordered to restore the affected wetland to its condition prior to
the offense. Any such order shall specify a reasonable time for the completion of
such restoration, which shall be effected under the supervision of the approving
authority. The Trustees reserve the right to require specific replanting and
restoration methods including specific survivability and success criteria.
275:33 08-01-2010
§ 275-16 SOUTHOLD CODE § 275-16
(5) Failure to comply with a restoration plan. Any person failing to comply with the
terms of a mandated restoration plan as detailed in Subsection B(4) of this section
within the proscribed period of time for completion shall be guilty of an offense
and subject .to a fine of not less than $1,000 and not more than $4,000.
(6) Mitigation. When on-site wetlands restoration and creation may be unfeasible due
to technical or other constraints, other mitigative measures, such as off-site wetland
restoration or creation, may be required.
(7) Other offenses. For an offense against any of the provisions of this Chapter not
specifically designated above, a violator shall be subject to a fine of not more than
$1,000. [Added 3-23-2010 by L.L. No. 1-20101
C. No new permits will be issued to any carter, owner, occupant, builder, architect,
contractor or their agents if they are a named defendant in an outstanding or unresolved
violation of Chapter 275, Wetlands and Shoreline, or Chapter 111, Coastal Erosion
Hazard Areas. [Amended 12-18-2007 by L.L. No. 23-2007]
D. In addition to the above -provided penalties, the Trustees may also, if authorized by the
Town Board, 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.
275:34 08-01-2010
ZONING
§ 280-71.
ARTICLE XVII
Wireless Communication Facilities
§ 280-67.
Purpose.
§ 280-68.
Scope.
§ 280-69.
Definitions.
§ 280-70.
General requirements for all
Historic buildings and
wireless communication
districts.
facilities.
§ 280-71.
Required approvals.
§ 280-72.
Site plan approval.
§ 280-73.
Special exception approval.
§ 280-74.
Application fees and
§ 280-82.
requirements.
§ 280-75.
Historic buildings and
§ 280-89.
districts.
§ 280-76.
Removal; height reduction.
§ 280-76.1.
Preexisting antenna support
§ 280-103.
structures and antennas.
§ 280-76.2.
Waivers of criteria.
§.280-76.3.
Relief.
§ 280-76.4.
Severability.
§ 280-76.5.
When effective.
ARTICLE XVIII
Parking and Loading Areas
§ 280-77. Purpose.
§ 280-78. Off-street parking areas.
§ 280-79. Off-street loading areas.
ARTICLE XIX
Signs
§ 280-80.
Purpose.
§ 280-81.
Applicability; permit
§ 280-86.
required; application;
§ 280-87.
approval; fees.
§ 280-82.
General design principles.
§ 280-83.
Prohibitions and general
§ 280-89.
restrictions.
§ 280-84.
Limitation of content or copy.
§ 280-85.
Specific signs.
§ 280-86.
Specific sign requirements.
§ 280-87.
Sign illumination.
§ 280-88.
Unsafe, abandoned and
§ 280-96.
unlawful signs.
§ 280-89.
Transition.
§ 280-90.
Nonconforming signs..
ARTICLE XX
Landscaping, Screening and Buffer
Regulations
§ 280-91.
Purpose.
§ 280-92.
General requirements.
§ 280-93.
Front landscaped area.
§ 280-94.
Transition buffer area.
§ 280-95.
Landscaped parking area.
§ 280-96.
Properties located adjacent to
§ 280-101.
creeks.
ARTICLE XXI
Farmland Bill of Rights
§ 280-97.
Right to farm.
§ 280-98.
Definitions.
§ 280-99.
Right to undertake protected
farm practices.
§ 280-100.
Right to notice provided by
Town agencies.
§ 280-101.
Right to notice by brokers
and agents.
§ 280-102.
Enforcement.
§ 280-103.
Severability.
ARTICLE XXII
Supplementary Regulations
§ 280-104. Exceptions and modifications.
280:3 08-01-2010
SOUTHOLD CODE
§ 280-105. Height of fences, walls and
berms.
§ 280-106. Corner lots.
§ 280-107. Building length and
separation for buildings
containing multiple dwellings.
§ 280-108. Courts.
§ 280-109. Access requirements.
§ 280-110. Open storage.
§ 280-111. Prohibited uses in all
districts.
§ 280-112. Provisions for community
water, sewer and utility
facilities.
§ 280-113. Land under water; filled
land.
§ 280-114. Excavations.
§ 280-115. Tourist camps, camp cottages
and trailers.
§ 280-116. Building setback
requirements adjacent to
water bodies and wetlands.
§ 280-117. Lighting restrictions.
§ 280-118. Temporary outdoor display
or storage.
§ 280-119. Long-term outdoor display or
storage.
ARTICLE XXIII
Nonconforming Uses and Buildings
§ 280-120.
Purpose.
§ 280-121.
Nonconforming uses.
§ 280-122.
Nonconforming buildings
§ 280-130.
with conforming uses.
§ 280-123.
Nonconforming buildings
§ 280-131.
with nonconforming uses.
§ 280-124.
Nonconforming lots.
§ 280-125.
Repairs and maintenance.
§ 280-126.
Involuntary moves.
ARTICLE XXIV
Site Plan Approval
§ 280-127.
Applicability.
§ 280-128.
Findings of fact; purpose.
§ 280-129.
Objectives.
§ 280-130.
Approval of site plan
required.
§ 280-131.
Review procedure.
§ 280-132.
Duration of plan.
§ 280-133.
Application requirements.
§ 280-134.
Architectural review
standards.
§ 280-135. Architectural Review
Committee.
§ 280-136. Land clearing.
§ 280-137. Standards for residential site
plans.
§ 280-138. Fee schedule for site plan
applications.
ARTICLE XXV
Special Exception Uses
§ 280-139. Purpose.
§ 280-140. Special exception uses;
approval required.
§ 280-141. Application; hearing;
approval; violations of
conditions.
§ 280-142. General standards.
§ 280-143. Matters to be considered.
§ 280-144. Additional conditions and
safeguards.
ARTICLE XXVI
Board of Appeals
§ 280-145. Appointment; membership.
§ 280-146. Powers and duties.
280:4 08-01-2010
§ 280-4 ZONING § 280-4
§ 2804. Definitions. [Amended 7-31-19731
A. Word usage. Words used in the present tense include the future: the singular number
includes the plural, and the plural the singular; the word "person" includes a corporation
as well as an individual; the word "lot" includes the word "plot'; the term "occupied" or
"used," as applied to any building, shall be construed as though followed by the words
"or intended, arranged or designed to be occupied or used."
B. Definitions and usages. Unless otherwise expressly stated, the following terms shall, for
the purpose of this chapter, have the meanings as herein defined. Any word or term not
noted below shall be used with a meaning as defined in Webster's Third New
International Dictionary of the English Language, unabridged (or latest edition).
[Amended 10-26-1976 by L.L. No. 5-1976; 4-11-1978 by L.L. No. 2-1978; 2-1-1983
by L.L. No. 2-1983; 1-21-1986 by L.L. No. 1-1986; 5-17-1988 by L.L. No. 14-1988;
8-23-1988 by L.L. No. 20-1988; 1-10-1989 by L.L. No. 1-19891
ACCESS — A physical entrance to property.
ACCESSORY APARTMENT — An apartment created in a presently existing
one -family dwelling unit or accessory structure pursuant to § 280-13A(6) or
§ 280-13B(13). [Amended 6-15-2010 by L.L. No. 2-20101
ACCESSORY BUILDING OR STRUCTURE — A building or structure detached from
a principal building located on the same lot as and customarily incidental and subordinate
to the principal building.
ACCESSORY USE — A use customarily incidental and subordinate to the main use on
a lot, whether such "accessory use" is conducted in a principal or accessory building.
ADDITION — A structure added to the original structure at some time after the
completion of the original.
AGRICULTURE — The production, keeping or maintenance, for sale, lease or personal
use, of 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.
ALTERATION — As applied to a building or structure, a change or rearrangement in
the structural parts or in the exit facilities, or an enlargement, whether extending on a
side or by increasing in height, or the moving from one location or position to another.
APARTMENT — An entirely self-contained dwelling unit consisting of a minimum of
450 square feet of living area 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 hallways or porches, or cooking or sanitary
facilities in common with any other dwelling unit and/or "apartment." [Added
6-19-1990 by L.L. No. 13-19901
280:7 08-01-2010
§ 280-4 SOUTHOLD CODE § 280-4
APARTMENT HOUSE — A building arranged, intended or designed to be occupied by
two or more families living independently of each other in apartments. [Added
6-19-1990 by L.L. No. 13-19901
APPLICANT — The landowner or the agent, optionee, contract purchaser or other
person authorized in writing to act for the landowner in submitting an application under
this chapter.
APPLICATION FOR DEVELOPMENT — The application form and all accompanying
documents and exhibits required of an applicant by an approving authority for
development and/or site plan review purposes.
AUTOMOBILE SALES LOT OR BUILDING — A lot or building used for the sale or
hire of automobile equipment. This shall be interpreted to include new and used car
dealerships and auto accessory salesrooms but not the sale of junked automotive
equipment.
AUTO REPAIR SHOP — A commercial use involving the adjustment, painting,
replacement of parts or other repair or restoration of motor vehicles. [Added 4-28-1997
by L.L. No. 6-19971
BASEMENT — A story of a building, partly below the finished grade level, which has
more than 1/2 of its height, measured from floor to ceiling, above the average established
curb level or finished grade of the land immediately adjacent to the building.
BED -AND -BREAKFAST — The renting of not more than five rooms in .an
owner -occupied dwelling for lodging and serving of breakfast to not more than 10 casual
and transient roomers, provided that the renting of such rooms for such purpose is clearly
incidental and subordinate to the principal use of the dwelling. [Amended 3-28-2000
by L.L. No. 7-20001
BERM — A structure composed primarily of earth intended for privacy, security,
enclosure, visual screening or noise abatement.
BILLBOARD A sign, including the type commonly known as a "billboard," which
directs attention to a business, commodity, service; entertainment or attraction which is
sold, offered or existing elsewhere than upon the same lot where such sign is displayed
or only incidentally upon such lot.
BLOCK — An area bounded by one or more streets or a municipal boundary and of
sufficient size to accommodate a lot or lots of -minimum size required by this chapter.
BOARDING- AND TOURIST HOUSES — A building, other than a hotel, where
lodging, with or without meals, for five or more persons is furnished for compensation.
BOARD OF APPEALS — The Zoning Board of Appeals of the Town of Southold.
BREEZEWAY — Open construction with a roof projecting from the outside wall of a
building, not to exceed dimensions of eight feet by 10 feet, connecting the main building
and a garage. Other types of attachments which extend more than 10 feet, or exceed 80
square feet in area, shall not attach a main building to a separate building unless such
280:8 08-01-2010
§ 280-4 ZONING § 280-4
CONVENIENCE STORE — A retail store generally less than 5,000 square feet that is
designed and stocked to sell prepackaged food items, beverages, periodicals and
household goods for off -premises consumption. [Added 11-4-2009 by L.L. No.
14-20091
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. 8-19901
DWELLING, ROW OR ATTACHED — A one -family dwelling with two common or
party walls separating it from adjacent units on both sides.
280:11 08-01 -2010
§ 280-4 SOUTHOLD CODE § 280-4
.DWELLING, SEMIDETACHED — A one -family dwelling with one wall in common
with an adjacent dwelling.
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."
FAMILY MEMBER The spouse, domestic partner, child, grandchild, stepchild,
parent, aunt, uncle, niece,. nephew, brother or sister of the owner or of the owner's
spouse or domestic partner. [Added 6-15-2010 by L.L. No. 2-20101
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. 8-19971
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.
280:12 08-01 -2010
§ 280-4 ZONING § 280-4
FLAT OR MANSARD ROOF — Any roof that has a pitch of less than 3:12. [Added
1-16-2007 by L.L. No. 2-20071
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
280:12.1 08-01-2010
§ 2804 ZONING § 280-4
NURSERY SCHOOL — A building or buildings, together with any accessory uses,
buildings or structures, used as an organized instructional facility for five or more
enrolled children under six years of age other than the children of the resident family and
not furnishing sleeping facilities except to the resident family.
OFF -PREMISES SIGN — Any sign that identifies, advertises or calls attention to a
business or activity taking place on property other than the premises on which the sign is
located. [Added 11-29-1994 by L.L. No. 25-19941
OFF-STREET PARKING SPACE — A space for the parking of one motor vehicle
within a public or private parking area, but not within a public street.
OPEN SPACE — Any parcel or area of land or water essentially unimproved and set
aside, dedicated, designated or reserved for public or private use or enjoyment or for the
use and enjoyment of owners and occupants of land adjoining or neighboring such open
space, provided that such areas may be improved with only those buildings, structures,
streets and off-street parking and other improvements that are designed to be incidental
to the natural openness of the land.
OUTDOOR STORAGE — The keeping, in an unroofed area, of any goods, junk,
material, merchandise or vehicles in the same place for more than 24 hours.
OWNER — Includes the duly authorized agent, attorney, .purchaser, devisee, fiduciary
or any other person having vested or contingent interest in the property in question.
PARKING LOT — An off-street, ground level area, surfaced and improved for the
temporary storage of motor vehicles.
PARTIAL SELF-SERVICE GASOLINE SERVICE STATION — A gasoline service
station primarily for the servicing of motor vehicles and the dispensing of gasoline by
means of a qualified attendant controlling an approved console regulating the flow of
gasoline into fixed and approved dispensing equipment thereafter to be operated by the
customer at one set of pumps on one pump island and by a qualified attendant operating
dispensing equipment at all other pump islands.
PATIO — A flat, leveled structure attached to a building by steps, or other construction,
and having a base floor area at or below natural grade and open to the sky. A "patio"
structure below or at grade is not deemed to be a deck or porch and shall not require a
building permit. New step areas to patios, decks, porches, breezeways, etc., will require a
building permit. Any other "patio' or similar structure constructed above natural grade
also requires a building permit. [Added 5-31-1994 by L.L. No. 10-19941
PERFORMANCE GUARANTY — Any security which may be accepted by the Town
as a guaranty that improvements required as part of an application for development are
satisfactorily completed.
PERSON Any association, partnership, corporation, cooperative group, trust or other
entity, as well as an individual.
PLANNING BOARD — The Planning Board of the Town of Southold.
280:19 08-01-2010
§ 280-4 SOUTHOLD CODE § 280-4
PLAT — The map of a subdivision.
PRINCIPAL BUILDING — A building in which is conducted the main or principal use
of the lot on which said building is located.
PRINCIPAL USE — The main or primary purpose or purposes for which land and/or
structure(s) is designed, arranged, used or intended to be used or for which such land
and/or structure(s) may be occupied or maintained under this chapter.
PRIVATE WAREHOUSING — A building used for the storage of goods and materials
by the owner of the goods and materials for the owner's own use; for example, off-site
storage for operations conducted by the owner at another location. No retail sales are
permitted at a private warehouse. This is not to include self -storage facilities. For
self -storage facilities, see "public warehousing." [Added 10-14-1999 by L.L. No.
13-1999]
PROFESSIONAL OFFICE — The office of a member of a recognized profession or
occupation, including architects, artists, authors, dentists, doctors, lawyers, ministers,
musicians, optometrists, engineers and such other similar professions or occupations
which may be so designated by the Board of Appeals.
PUBLIC WAREHOUSING — A building or buildings used primarily for the storage of
goods and materials and available to the general public for a fee; for example,
self -storage facilities. No sales (either wholesale or retail) are permitted in public
warehousing. [Added 10-14-1999 by L.L. No. 13-19991
PUBLIC WATER: PUBLIC SEWER — Communal sewage disposal systems and
communal water supply systems as approved by public agencies having jurisdiction
thereof.
RECREATIONAL FACILITIES Recreational uses characterized by predominately
outdoor activities by patrons, including but not limited to stables and riding academies,
regulation golf courses and golf -related activities, tennis and racquet sport clubs, platform
sports, baseball batting and pitching cages and swimming pool facilities. It shall not
include such activities as racing, jai alai and amusements parks. [Added 4-28-1997 by
L.L. No. 6-19971
RECREATION FACILITY, COMMERCIAL — An indoor or outdoor privately
operated business involving playing fields, courts, arenas or halls designed to
accommodate sports and recreational activities, such as billiards, bowling, dance halls,
gymnasiums, health spas, skating rinks, shooting ranges, tennis courts and swimming
pools.
RECREATIONAL VEHICLE — A vehicular -type portable structure, without permanent
foundation, which can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use, and including but not
limited to travel trailer, truck campers, camping trailers and self-propelled motor homes.
RENTAL PERMIT — A permit issued by the Chief Building Inspector to the owner to
allow use and occupancy of a lawfully existing accessory apartment. [Added
6-15-2010 by L.L. No. 2-20101
280:20 08-01-2010
§ 2804 ZONING § 2804
RESEARCH LABORATORY — A building for experimentation in pure or applied
research, design, development and production of prototype machines or devices or of
new products, and uses accessory thereto, wherein products are not manufactured for
280:20.1 08-01-2010
§ 280-10 ZONING § 280-12
(2) A copy of the current tax map and survey of the lot.
(3) A copy of the original survey of the lot.
(4) A title search showing single and separate ownership of the property from July 1,
1983, to the present time, prepared by a Suffolk County title insurance company
indemnifying the Town of Southold with $25,000 of insurance.
(5) Other additional information or documentation as may be deemed necessary.
E. Effect of merger. No building permit or other development entitlement will be issued by
the Town until this section has been complied with. The Building Department will issue
a written determination whether a property falls within an exemption to the merger
provision.
§ 280-11. Waiver of merger. [Amended 10-21-2008 by L.L. No. 14-20081
If a lot has merged pursuant to the provisions of § 280-10, the Zoning Board of Appeals may
waive the merger and recognize original lot lines upon public hearing and fmding that:
A. The lot proposed to be recognized has not been transferred to an unrelated person or
entity since the time the merger was effected; and
B. Upon balancing whether:
(1) The proposed waiver would recognize a lot that is comparable in size to a majority
of the improved lots in the neighborhood;
(2) The lot proposed to be recognized is vacant and has historically been treated and
maintained as a separate and independent residential lot since the date of its
original creation;. and
(3) The proposed waiver and recognition will not create an adverse impact on the
physical or environmental conditions in the neighborhood or district.
ARTICLE III
Agricultural -Conservation (A -C) District and Low -Density Residential R-80, R-120,
R-200 and R-400 Districts
[Last amended 1-10-1989 by L.L. No. 1-19891
§ 280-12. Purpose.
The purpose of the Agricultural -Conservation (A -C) District and the Low -Density Residential
R-80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible,
prevent the unnecessary loss of those currently open lands within the Town containing large
and contiguous areas of prime agricultural soils which are the basis for a significant portion of
the Town's economy and those areas with sensitive environmental features, including aquifer
recharge areas and bluffs. In addition, these areas provide the open rural environment so
highly valued by year-round residents and those persons who support the Town of Southold's
recreation, resort and second -home economy. The economic, social and aesthetic benefits
280:29 08-01-2010
_§ 280-12 SOUTHOLD CODE § 280-13
which can be obtained for all citizens by limiting loss of such areas are well documented and
have inspired .a host of governmental programs designed, with varying degrees of success, to
achieve this result. For its part, the Town is expending large sums of money to protect
existing farm acreage. At the same time, the Town has an obligation to exercise its authority
to reasonably regulate the subdivision and development of this land to further the same
purposes while honoring the legitimate interests of farmers and other farmland owners.
§ 280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891
In A -C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any uses except the following:
A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No.
25-1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007
by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-20101
(1) One -family detached dwellings, not to exceed one dwelling on each lot.
(2) The following agricultural operations and accessory uses thereto, including
irrigation, provided that there shall be no storage of manure, fertilizer or other
odor- or dust -producing substance or use, except spraying and dusting to protect
vegetation, within 150 feet of any lot line:
(a) The raising of field and garden crops, vineyard and orchard farming, the
maintenance of nurseries and the seasonal sale of products grown on the
premises.
(b) The keeping, breeding, raising and training of horses, domestic animals and
fowl (except ducks)9 on lots of 10 acres or more.
(c) Barns, storage buildings, greenhouses (including plastic -covered) and other
related structures, provided that such buildings shall conform to the yard
requirements for principal buildings.
(d) The retail sale of local produce from structures of less than 20 square feet
floor area shall be set back at least 10 feet from any lot line.
(3) Buildings, structures and uses owned or operated by the Town of Southold, school
districts, park districts and fire districts.
(4) Wineries which meet the following standards:
(a) The winery shall be a place or premises on which wine made from primarily
Long Island grapes is produced and sold;
9. Editor's Note: See also Ch. 83, Art. I, Ducks.
280:30 08-01-2010
§ 280-13 ZONING ' § 280-13
(b) The winery shall be on a parcel on which at least 10 acres are devoted to
vineyard or other agricultural purposes, and which is owned by the winery
owner;
(c) The winery structures shall be set back a minimum of 100 feet from a major
road; and
(d) The winery shall obtain site plan approval.
(5) Small wind energy systems on parcels greater than seven acres in size, which
parcels are dedicated primarily to uses necessary for bona fide agricultural
production, and subject to the standards provided in Chapter 277 of this Town
Code.
(6) One accessory apartment in an existing one -family dwelling, subject to the
issuance of a rental permit in accordance with § 280-13D and the following
requirements:
(a) The accessory apartment shall be located in the principal building.
(b) The owner of the existing dwelling shall occupy one of the dwelling units as
the owner's principal residence. The other dwelling unit shall be leased for
year-round occupancy, evidenced by a written lease for a term of one or
more years.
(c) The existing one -family dwelling shall contain not less than 1,600 square feet
of livable floor area.
(d) The accessory apartment shall contain not less than 450 square feet of livable
floor area. .
(e) The accessory apartment shall not exceed 40% of the livable floor area of the
existing dwelling unit and any addition thereto permitted under
§ 280-13B(13)0) hereof.
(f) A minimum of three off-street parking spaces shall be provided.
(g) Not more than one accessory apartment shall be permitted on a lot.
(h) The accessory apartment shall meet the requirements of an apartment as
defined in § 280-4 hereof.
(i) The exterior entry to the accessory apartment shall, to the maximum extent
possible, retain the existing exterior appearance of a one -family dwelling.
0) Subject to all other restrictions and requirements in this Code, a reasonable
expansion of the existing foundation, not to exceed 25% of the living space
of the existing dwelling unit, may be permitted to accommodate the creation
of an accessory apartment.
(k) All conversions shall be subject to the inspection of the Building Inspector
and issuance of a certificate of compliance.
280:31 08-01 - 2010
§ 280-13 SOUTHOLD CODE § 280-13
(1) The dwelling which is converted to permit an accessory apartment shall be in
existence and be eligible for or have a valid certificate of occupancy issued
prior to January 1, 2004, or proof of legal occupancy prior to that date.
(m) The existing building, together with the accessory apartment, shall comply
with all other requirements of Chapter 280 of the Town Code of the Town of
Southold.
(n) Notwithstanding the provisions of § 280-13B hereof, no site plan approval by
the Planning Board shall be required for the establishment of an accessory
apartment.
(o) Approval by the Suffolk County Department of Health Services of the water
supply and sewage disposal systems shall be required.
(p) No bed -and -breakfast facilities, as authorized by § 280-13B(14) hereof, shall
be permitted in or on premises for which an accessory apartment is
authorized or exists.
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as special exception by the Board of Appeals, as hereinafter provided, and,
except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site
plan approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989;
5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L.
No. 26-1994; 12-27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995;
11-12-1996 by L.L. No. 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L.
No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-20101
(1) Two-family dwellings not to exceed one such dwelling on each lot.
(2) Places of worship, including parish houses (but excluding a rectory or parsonage,
which shall conform to the requirements for a one -family dwelling), subject to the
following requirements:
(a) No building or part thereof shall be erected nearer than 50 feet to any street
line and nearer than 20 feet to any lot line.
(b) The total area covered by all principal and accessory buildings shall not
exceed 20% of the area of the lot.
(3) Private elementary or high schools, colleges and other educational institutions,
subject to the following requirements:
(a) No building shall be less than 50 feet from any street or lot line.
(b) The total area occupied by all principal and accessory buildings shall not
exceed 20% of the area of the lot.
(c) Any school shall be a nonprofit organization within the meaning of the
Internal Revenue Act and shall be registered effectively thereunder as such.
280:32 08-01-2010
§ 280-13 ZONING § 280-13
(d) Any such school shall occupy a lot with an area of not less than five acres
plus one acre for each 25 pupils for which the building is designed.
(4) Nursery schools.
(5) Philanthropic, eleemosynary or religious institutions, health care, continuing care
and life facilities, but excluding facilities for the treatment of all types of drug
addiction, subject to the following requirements:
(a) No building or part thereof or any parking or loading area shall be located
within 100 feet of any street line nor within 50 feet of any lot line.
(b) The total area covered by principal and accessory buildings shall not exceed
20% of the area of the lot.
(c) The maximum height shall be 35 feet or 2 1/2 stories.
(d) The entire lot, except areas occupied by buildings or parking or loading
areas, shall be suitably landscaped and properly maintained.
(e) Any health care, continuing care or life care facility shall meet the following
standards:
[1] All buildings shall be of fire -resistive construction.
[2] All such uses shall be served by adequate water and sewer systems
approved by the Suffolk County Department of Health.
[3] Patients suffering from communicable diseases shall not be permitted in
any nursing home or sanatorium. (Communicable diseases are defined
by the Sanitary Code of the Public Health Council -of the State of New
York.)
[4] Eight thousand square feet of lot area shall be provided for each patient
bed.
(6) Public utility rights-of-way as well as structures and other installations necessary to
serve areas within the Town, except that wireless communication facilities must
obtain approval pursuant to Article XVII, subject to such conditions as the Board
of Appeals may impose in order to protect and promote the health, safety,
appearance and general welfare of the community and the character of the
neighborhood in which the proposed structure is to be constructed.
(7) Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs
and accessory playgrounds, beaches, swimming pools, tennis courts, recreational
buildings and maintenance buildings catering exclusively to members and their
guests, subject to the following requirements:
(a) No building or part thereof or any parking or loading area shall be located
within 100 feet of any street line or within 50 feet of any lot line.
280:33 08-01-2010
§ 280-13 SOUTHOLD CODE § 280-13
(b) The total area covered by principal and accessory buildings shall not exceed
20% of the area of the lot.
(c) No such use shall occupy a lot with an area of less than three acres.
(8) Children's recreation camps organized primarily for seasonal use and subject to the
following requirements:
(a) No building, tent, activity area or recreation facility shall be less than 200 -
feet from any lot line, and any such building, tent, activity area -,or recreation
facility shall be effectively screened therefrom as required by the Planning
Board. Buildings intended for use as sleeping quarters shall be not less than
30 feet from each other, except tents, which shall be not less than 10 feet
apart.
(b) The minimum lot area shall be not less than 10,000 square feet for each
cottage, tent or other principal building and not less than 3,000 square feet of
land area shall be provided for each person accommodated in the buildings or
tents on the premises.
(c) The sound level of all outdoor public-address systems shall not exceed the
intensity tolerable in a residential neighborhood.
(9) Farm labor camps, subject to the following requirements:
(a) All farm labor camps on farms shall be construed in conformance with
applicable laws and shall not be located nearer to any other residence than
the residence of the employer, except by specific review and approval of the
Planning Board.
(10) Veterinarian's offices and animal hospitals, subject to the following requirements:
(a) The housing of all animals shall be in a fully enclosed structure, if nearer
than 150 feet to any lot line.
(11)- Cemeteries.
(12) Stables and riding academies.
(13) One accessory apartment in. a lawfully existing detached accessory garage, barn or
storage building, subject to the following requirements:
(a) The accessory apartment shall contain no less than 450 square feet and shall
not exceed 750 square feet of livable floor area and shall have no more than
one bathroom.
(b) A minimum of three off-street parking spaces shall be provided on premises.
(c) Not more than one accessory apartment shall be permitted on a lot.
(d) The accessory apartment shall meet the requirements of an apartment as
defined in § 2804 hereof.
280:34 08-01-2010
§ 280-13 ZONING § 280-13
(e) The entirety of the living floor area of the accessory apartment must be on
one floor of the accessory structure.
(f) The accessory structure which is converted to permit an accessory apartment
shall be in existence and be eligible for or have a valid certificate of
occupancy issued prior to January 1, 2008.
(g) The existing accessory structure shall comply with all other requirements of
this chapter.
(H) Approval of the Suffolk County Department of Health Services of the water
supply and sewage disposal systems shall be required.
(i) No bed -and -breakfast facilities, as authorized by § 280-13B(14) hereof shall
be permitted in or on premises for which an accessory apartment is
authorized or exists.
(j) Occupancy of resident structures on the premises shall be subject to the
issuance of an annual rental permit in accordance with § 280-13D and the
following requirements:
[1] The owner of the premises shall occupy either the existing single-family
dwelling unit or the accessory apartment in the detached accessory
structure as the owner's principal residence. The other dwelling unit
shall be leased for year-round occupancy_ evidenced by a written lease
for a term of one or more years to:
[a] A family member; or
[b] To a resident who is currently on the Southold Town Affordable
Housing Registry and eligible for placement.
[2] Rents charged to a resident on the Affordable Housing Registry shall
not exceed the rent established by the Town Board annually pursuant to
§ 280-30(F) of this Code.
[3] No accessory apartment shall be occupied by more than the number of
persons permitted to occupy the dwelling unit under Section 404 of the
Property Maintenance Code of the New York State Uniform Fire
Prevention and Building Code.
[4] An accessory apartment shall only be occupied or otherwise utilized in
accordance with the certificate of occupancy issued for the dwelling
unit.
(k) The Chief Building Inspector, Zoning Inspector, and Town personnel who are
engaged in the enforcement of the provisions of this chapter are authorized to
make or cause to be made inspections to determine compliance with this
chapter and are authorized to enter upon any property for the purpose of said
inspections.
280:35 08-01 - 2010
§ 280-13 SOUTHOLD CODE § 280-13
(14) Bed -and -breakfasts which have been issued a bed -and -breakfast permit by the
Building Inspector. Said permit shall be issued for a term of one year if the
following conditions are met:
(a) A smoke alarm shall be provided on each floor and in every guest room.
(b) The dwelling shall have .at least two exits and there shall be a window large
enough for emergency egress in each guest room
(c) The identification sign shall be no larger than two square feet in areas zoned
Residential -Office or higher, but there shall be no exterior signage identifying
the use as a bed -and -breakfast in residential areas.
(d) No accessory apartment, as authorized by §'280-13B(13) hereof, shall be
permitted in or on premises for which a bed -and -breakfast facility is
authorized or exists.
(15) Historical society.
(16) Preservation and use of a federal or state designated historic building for the
purpose of hosting community events, together with the use of part of such
building for professional offices and/or one apartment, not to exceed a total of
three uses per building, provided that such building is owned and maintained by a
not-for-profit historic organization. In no event shall there be more than one
apartment per building.
C. Accessory uses, limited to the following uses and subject to the conditions listed in
§ 280-15 herein:
(1) Any customary structures or uses which are customarily incidental to the principal
use, except those prohibited by this chapter.
(2) Home occupation, including home professional office and home business office. In
permitting these uses, the Town Board recognizes that the residents historically
have operated small businesses which provide services to the community from
their homes. The Board finds that these businesses have not impacted negatively
on the appearance of these residential zones. In the Board's judgment, it finds that
in order to maintain the economic viability of the Town, to maintain the rural
quality of life and in the interests of the welfare of the residents, these businesses
(or home occupations) should be permitted to continue. In setting forth the
following subsections, the Board intends to permit as of right certain business uses
in residential zones with the understanding that these uses are to be conducted in a
manner that will not alter the character of the residential neighborhoods. The
Board believes that the following subsections provide sufficient safeguards to
accomplish that aim. These uses shall be permitted, provided that: [Amended
4-9-1991 by L.L. No. 10-1991; 7-28-1992 by L.L. No. 14-19921
(a) No display of products shall be visible from the street, and no stock -in -trade
shall be kept on the premises.
280:36 08-01-2010
§ 280-13 ZONING § 280-13
(b) Such occupation is incidental to the residential use of the premises and is
carried on in the main building by the residents therein with not more than
one nonresident assistant for whom off-street parking must be provided on
site.
(c) Such occupation is carried on in an area not to exceed 25% of the area of all
floors of the main building, and in no event shall such use occupy more than
500 square feet of floor area.
(d) There shall be no exterior effect at the property line, such as noise, traffic,
odor, dust, smoke, gas, fumes or radiation.
(e) Studios where dancing or music instruction is offered to groups in excess of
five pupils at one time or where concerts or recitals are held are prohibited.
(f) In no manner shall the appearance of the building be altered, nor shall the
occupation be conducted in a manner that would cause the premises to lose
its residential character, including but not limited to the use of colors,
materials, construction or lighting.
(g) Notwithstanding anything set forth elsewhere in this article, home
occupations, home business offices and home professional offices shall in no
event be deemed to include animal hospitals, kennels, barbershops, beauty
parlors, clinics or hospitals, mortuaries, nursery schools, clubs, auto repair
shops, restaurants, tourist homes, rooming houses or boardinghouses and uses
similar to those listed above?0
(h) Home occupations, home business office and home professional offices shall
not include manufacturing, fabrication or construction of any type on the site.
(i) The outdoor storage of equipment necessary for residents connected with
aquaculture shall be screened from view and shall conform to the setbacks
for accessory structures.
(3) Boat docking facilities for the docking, mooring or accommodation of
noncommercial boats, subject to the following requirements:
(a) There shall be docking or mooring facilities for no more than two boats other
than those owned and used by the owner of the premises for his personal use.
(b) The Town Trustees shall approve new boat docking facilities.
(c) Boats at such docking facilities shall not be used for overnight sleeping
purposes.
(4) Garden house, toolhouse, storage building, playhouse, wading pool, swimming
pool or tennis court incidental to the residential use of the premises and not
operated for gain, subject to the following requirements:
10. Editor's Note: Former Subsection C(2)(h), 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 08-01 - 2010
§ 280-13 SOUTHOLD CODE § 280-13
(a) Any swimming pool shall be completely enclosed with a permanent chain
link (or similar type) fence of not more than two-inch mesh, not less than
four feet in height, erected, maintained and provided with a self-closing,
self -latching gate to prevent unauthorized use of the pool and to prevent
accidents. However, if said pool is located more than four feet above the
ground, then a fence is not required, provided that all points of access to said
pool are adequately protected by a self-closing, self -latching gate. Any
swimming pool in existence at the effective date of the provisions of this
subsection shall, within one 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," 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.tz
(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: [Amended 6-2-2009 by L.L. No. 6-20091
(a) No more than two such sales shall be conducted on any lot in any one
calendar year.
(b) Adequate supervised parking facilities shall be provided.
11. Editor's Note: See now § 280-78P.
12. 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.
280:38 08-01 - 2010
§ 280-13 ZONING § 280-13
(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.
(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.
(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. 26-19941
(11) Child care. [Added 11-12-1996 by L.L. No. 20-19961
D. Rental permit for accessory apartments. Notwithstanding any prior course of conduct or
permission granted, no owner of property shall cause, permit, or allow the occupancy or
use of an accessory apartment created pursuant to § 280-13A(6) or § 280-13B(13)
without a valid rental permit issued upon application to the Chief Building Inspector.
[Added 6-15-2010 by L.L. No. 2-20101
(1) Content of application. An application for a rental permit or for a renewal of a
rental permit shall bear the notarized signature of the owner and contain the
following information:
(a) The name, date of birth and telephone number of the owner.
(b) The address of the subject property including street address and Suffolk
County Tax Map number.
(c) In the event the owner is a corporation, partnership, limited liability company
or other business entity, the name, address and telephone number of each
owner, principal, officer, shareholder, partner or member of such business.
(d) The name(s) and telephone number(s) of all tenants.
(e) A copy of the lease agreement -between owner and tenant.
(f) A copy of the certificate of occupancy or preexisting certificate of occupancy
for the property.
(2) The owner of an accessory apartment within an existing one -family dwelling shall,
in addition to the information required in § 280-13D(1)(a) through (f), provide a
certification that the existing dwelling or accessory apartment is occupied by the
owner and that the premises is in compliance with all of the provisions of the Code
of the Town of Southold, the laws and sanitary and housing regulations of the
County of Suffolk and the laws of the State of New York.
280:38.1 08-01 - 2010
§ 280-13 SOUTHOLD CODE § 280-13
(3) The owner of an accessory apartment in an accessory structure lawfully existing
pursuant to § 280-13B(13) shall, in addition to the information required in
§ 280-131)(1)(a) through (f), provide a certification that:
(a) The existing single-family dwelling or the accessory apartment in the
accessory structure is occupied by the owner as the owner's principal
residence.
(b) The other dwelling unit on the subject property is to be occupied by either a
family member or a resident who is currently on the Southold Town
Affordable Housing Registry and eligible for placement.
(c) Rents charged to a tenant from the Affordable Housing Registry shall not
exceed the rent established by the Town Board annually pursuant to
§ 280-30F of this Code.
(d) The dwelling unit is in compliance with all of the provisions of the Code of
the Town of Southold, the laws and sanitary and housing regulations of the
County of Suffolk and the laws of the State of New York.
(4) Review of application. The application for a rental permit shall be reviewed for
completeness and accuracy by the Chief Building Inspector and, in the case of
applications pertaining to accessory apartments in accessory structures, by the
Special Projects Coordinator. The Chief Building Inspector shall not issue a rental
permit unless the application includes all of the requisite information enumerated
in § 280-13D(1) through (3) and written approval by the Special Projects
Coordinator that the requirements of § 280-13B(13)0) have been satisfied. The
Chief Building Inspector shall have the right to inspect the property to confirm
compliance with the New York State Uniform Fire Prevention and Building Code
and this Code.
(5) Fees. A nonrefundable annual permit application fee in the amount of $150 shall
be paid at the time of filing of an application for a rental permit or a renewal rental
permit for an accessory apartment in an existing single-family dwelling. A
nonrefundable annual permit application fee in the amount of $100 shall be paid at
the time of filing of an application for a rental permit or a renewal rental permit
for an accessory apartment in an accessory structure.
(6) Registry of permits. It shall be the duty of the Chief Building Inspector to maintain
a register of permits issued pursuant to this chapter. Such register shall be kept by
name of applicant and street address and set forth the date of expiration of the
rental permit.
(7) Annual renewal. Rental permits issued pursuant to this chapter shall be valid for a
period of one year from the date of issuance and must be renewed by application
to the Chief Building Inspector in accordance with the procedures for the issuance
of the initial rental permit within 10 days of expiration.
(8) Penalties for offenses. In addition to any other penalties for violations of this
chapter, the Chief Building Inspector or Zoning Inspector shall revoke a permit
280:38.2 08-01-2010
§ 280-13 ZONING § 280-15
when he or she finds that the owner has caused, permitted or allowed to exist and
remain upon the premises a violation of any provision of the Code of the Town of
Southold for a period of 14 days or more after written notice has been given to the
owner. Should the owner permit any such violation of this Code, the laws and
sanitary and housing regulations of the County of Suffolk and the laws of the State
of New York to remain uncured for a period of 30 days or more after written
notice has been given to the owner, the Chief Building Inspector may revoke the
certificate of compliance for the accessory apartment.
(9) Appeal by owner. An appeal of a denial, revocation or renewal of a rental permit
by the Chief Building Inspector based upon the owner's failure to satisfy the
requirements of § 280-13B(13)0)[1] and [2] may be taken to the Housing Advisory
Commission, by written request, made within 30 days from the date of such
revocation. The Housing Advisory Commission shall hold a public hearing on such
appeal within 30 days after receipt of written notice of such appeal and, after such
hearing, shall make written fmdings and a decision either sustaining such denial or
revocation or issuing or reinstating such permit within 30 days after close of such
public hearing. Any appeal of the revocation of a certificate of compliance must be
presented to the Zoning Board of Appeals within 30 days from the date of
revocation.
§ 280-14. Bulk, area and parldng 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 Schedule13 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. 2-1991; 12-22-1992 by L.L. No.
33-1992; 1-16-2007 by L.L. No. 2-2007; 4-22-2008 by L.L. No. 3-20081
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:
13. Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking Schedule is in § 280-78A.
280:38.3 08-01-2010
§ 280-15 SOUTHOLD CODE § 280-15
Minimum Setback for Side
Lot Size
Maximum Height
and/or Rear Yard
(square feet)
(feet)
(feet)
Less than 10,000
18
3
Less than 14,000
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
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. This
restriction shall not apply to buildings receiving a certificate of appropriateness from the
Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the
Town Code.
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.
280:38.4 08-01-2010
§ 280-67 ZONING § 280-69
ARTICLE XVII
Wireless Communication Facilities
[Added 11-12-1997 by L.L. No. 26-1997; amended 12-8-1998 by L.L. No. 25-1998;
2-24-2009 by L.L. No. 4-2009; 10-20-2009 by L.L. No. 13-2009; 7-13-2010 by L.L. No.
4-2010]
§ 280-67. Purpose.
It is the express purpose of this article to minimize the visual and environmental impacts of
wireless communication facilities while protecting the health, safety and welfare of Southold's
citizens and allowing wireless service providers to meet their technological and service
objectives. In addition, the regulation of wireless facilities, including the type of structure, is
intended to protect the scenic and aesthetic qualities of the Town of Southold. This article
allows wireless communication facilities in certain preferred locations to be reviewed and
approved in keeping with the Town's existing zoning and historic development patterns,
including the size and spacing of structures.
§ 280-68. Scope.
The regulations of this article shall govern and control the erection, enlargement, expansion,
alteration, operation, maintenance, relocation and removal of all wireless communication
facilities. The regulations of this article relate to the location and design of these facilities and
shall be in addition to the provisions of the Southold Building and Zoning Codes and any
other federal, state or local laws or Federal Communication Commission (FCC), Federal
Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing
herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection,
maintenance or utilization of antennas or support structures by those licensed by the Federal
Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part
97, to operate amateur radio stations, or satellite antennas that are used for individual business
or residential voice, data, or video communications.
§ 280-69. Definitions.
As used in this article, the following terms shall have the meanings set forth below:
ANTENNA — Any transmitting or receiving device, including whip (omnidirectional
antenna), panel (directional antenna), disc (parabolic' antenna) or similar device, mounted in or
on a tower, monopole, building or structure and used in communications that radiate or
capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding
radar signals), wireless telecommunications signals or other communications signals.
ANTENNA SUPPORT STRUCTURE — Any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas for wireless telephone,
television, radio and similar communication purposes, including monopoles. Lattice and guyed
towers are not permitted antenna support structures. The term includes radio and television
transmission towers, microwave towers, common -carrier towers, cellular telephone towers,
camouflaged tower structures, and the like. The term includes the structure and any support
thereto. The term does not include wireless facilities located in or on existing buildings or
280:77 08-01-2010
§ 280-69 SOUTHOLD CODE § 280-69
structures that previously existed or are being constructed for a primary purpose other than a
wireless facility, e.g., water tower, electric utility pole, or church steeple.
BASE STATION EQUIPMENT — Equipment integral to the operation of an antenna
system. Base station equipment typically includes, but is not limited to, communications
equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications
backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting.
CO -LOCATION — The use of a single mount on the ground by more than one provider
(vertical co -location) and/or several mounts on an existing tower, building or structure by
more than one carrier for the purpose of transmitting and/or receiving radio frequency signals
for communications purposes.
EQUIPMENT SHELTER — An enclosed structure associated with the mount within which
is housed the base station equipment for a wireless communications facility.
FALL ZONE — The area on the ground within a prescribed radius from the baseof a
wireless communications facility. The fall zone is the area within which there might be a
potential hazard from falling debris or collapsing material, including the antenna support
structure.
GUYED ANTENNA SUPPORT STRUCTURE . — An antenna support structure that is
supported, in whole or in part, by guy wires and ground anchors.
HEIGHT — When referring to a tower or other antenna support structure, the height is the
distance from the top of the structure at its highest point, including antennas, lightning
protection devices or any other apparatus attached to the top of the antenna support structure,
to the base of the structure, measured in feet above ground level (AGL). Absolute height is
the distance from the top of the structure, including all attachments, to the height of mean sea
level (MSL).
LATTICE ANTENNA SUPPORT STRUCTURE — An antenna support structure that has
open -framed supports on three or four sides and is constructed without guy wires and ground
anchors.
MODIFICATION — The addition, removal, or change of any of the physical and visually
discernible components or aspects of a wireless facility, such as antennas, cabling, radios,
equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any
visually discernible components, vehicular access, parking and/or an upgrade or replacement
of the equipment. Adding a new wireless carrier or service provider (co -location) to a wireless
communications tower or site is a modification. Modifications also include: extending the
height of the antenna support structure above its current height, changing the footprint of the
structure, expansion of the base station equipment or compound area, addition of antennas to
an existing carrier's antenna array, re -orientation or relocation of existing antennas, changes
affecting the operating frequencies, effective radiated power or number of operating channels.
A modification shall not include ordinary maintenance, as defined herein.
MONOPOLE — A freestanding antenna support structure consisting of a single pole, without
guy wires or ground anchors.
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§ 280-69 ZONING § 280-70
MOUNT — The structure or surface upon which antennas are mounted and/or the location of
the antenna, e.g.:
A. ROOF -MOUNTED — Mounted on the roof of a building.
B. SIDE -MOUNTED — Mounted on the side of a building.
C. STRUCTURE -MOUNTED — Mounted on a structure other than a building.
D. FLUSH -MOUNTED — Mounted very close on a building or structure so that the profile
of the antenna(s) is not readily apparent.
E. INTERIOR -MOUNTED — Mounted within a building or other structure so that the
antennas are not visible from the outside.
F. GROUND -MOUNTED — Mounted on the ground.
ORDINARY MAINTENANCE — Work done to an existing wireless telecommunications
facility and antenna support structure for the purpose of maintaining them in good operating
condition. Ordinary maintenance includes inspections and testing to maintain functionality,
aesthetic and structural integrity, and involves the normal repair of a wireless facility
including the like -for -like replacement of damaged or defective components without otherwise
adding, removing, or substantially changing anything and therefore does not include
modifications.
RADIO FREQUENCY (RF) EMISSIONS OR RADIATION — The electromagnetic field of
radiation emitted by wireless antennas.
RADIO FREQUENCY (RF) PROFESSIONAL — A person who specializes in the study of
radio frequency engineering and has expertise iri tadio communication facilities.
RADIO FREQUENCY (RF) SIGNAL — The actual beam or radio waves sent and received
by a wireless facility. A signal is the deliberate product of a wireless antenna. The RF
radiation is the by-product.
WIRELESS CARRIER — A company that provides wireless telecommunications services.
WIRELESS COMMUNICATIONS FACILITY — Antenna or antenna support structure and
base equipment, either individually or together, including permanent or temporary movable
facilities (i.e., wireless facilities mounted on vehicles, boats or other mobile structures) used
for the provision of any wireless service.
WIRELESS SERVICES — Commercial mobile services, unlicensed wireless services, and
common -carrier wireless exchange services, including, but not limited to, voice, data, images
or other information, cellular telephone service, personal communications service (PCS),
enhanced specialized mobile radio (ESMR) service, and paging service.
§ 280-70. General requirements for all wireless communication facilities.
A. No wireless communication facility shall be used, erected or altered in the Town of
Southold except in accordance with the provisions of this article .and any other applicable
sections of the Town Code.
280:79 08-01-2010
§ 280-70 SOUTHOLD CODE § 280-70
B. All wireless communication facilities, and modifications to such facilities (as defined in
§ 280-69) shall require a building permit, site plan approval, and special exception
approval, except those meeting certain requirements as stated in § 280-71A(2) and
§ 280-71B(2), and except in cases of ordinary maintenance as defined in § 280-69.
C. No new antenna support structures may be constructed without a carrier licensed by the
FCC as a provider. An FCC -licensed provider of wireless communications services must
be the applicant or the co -applicant for any proposed new wireless communication
facility, co -location or modification.
D. Location of wireless facilities.
(1) Applicants for wireless communications facilities shall locate, site and erect said
wireless facilities in accordance with the following priorities, of the lowest priority,
(a) On an existing antenna support structure or other structures on Town -owned
properties, including the right-of-way.
(b) On an existing antenna support structure or other structures on other property
in the Town.
(c) A new antenna support structure on Town -owned properties.
(d) A new antenna support structure on properties in the LI or LIO Zoning
Districts.
(e) A new antenna support structure on properties in the MI, MII, B or HB
Zoning Districts.
(f) A new antenna support structure on properties in the AC, R-40, R-80, R-120,
R-200, R-400, LB, RO, RR, HD or AHD Zoning Districts.
(2) If the proposed site is not proposed for the highest priority listed above, the
applicant shall submit a written report demonstrating the applicant's review of the
above locations in order of priority, demonstrating the technological reason for the
site selection. If appropriate, based on selecting a site of lower priority, a detailed
written explanation as to why sites of a higher priority were not selected shall be
included with the application. The applicant seeking such an exception must
satisfactorily demonstrate the reason or reasons why such a permit should be
granted for the proposed site, and the hardship that would be incurred by the
applicant if the permit were not granted for the proposed site.
(3) An applicant may not bypass sites of higher priority by stating the site proposed is
the only site leased or selected. An application shall address co -location as an
option. If such option is not proposed, the applicant must explain to the reasonable
satisfaction of the Planning Board why co -location is commercially or otherwise
impracticable. Agreements between providers limiting or prohibiting co -location
shall not be a valid basis for any claim of commercial impracticability or hardship.
(4) Notwithstanding the priorities above, the Planning Board may, if satisfied with the
explanation provided by the applicant, approve any site located within an area in
280:80 08-01-2010
§ 280-70 ZONING § 280-70
the above list of priorities, provided that the Planning Board fords that the
proposed site is in the best interest of the health, safety and welfare of the Town
and its inhabitants and will not have a deleterious effect on the nature and
character of the community and neighborhood.
(5) Notwithstanding that a potential site may be situated in an area of highest priority
or highest available priority, the Planning Board may also disapprove an
application for any of the following reasons:
(a) Conflict with safety and safety-related codes and requirements;
(b) Conflict with the historic nature or character of a neighborhood or historical
district;
(c) The use or construction of wireless facilities which is contrary to an
already -stated purpose of a specific zoning or land use designation;
(d) The placement and location of wireless facilities which would create an
unacceptable risk, or the reasonable probability of such, to residents, the
public, employees and agents of the Town, or employees of the service
provider or other service providers;
(e) Conflicts with the provisions of this chapter.
E. Guyed or lattice antenna support structures are prohibited.
F. Antenna support structures shall not be located in the following areas without a permit
from all jurisdictional agencies:
(1) Wetlands, tidal and freshwater.
(2) Land above high groundwater (within 10 feet of the surface).
(3) Lands purchased with Community Preservation Funds.
(4) Coastal erosion hazard areas.
(5) Designated parkland.
G. Fall zones. An antenna support structure must include an area surrounding it that is free
of other structures and areas where people congregate, except the base equipment, with a
radius equal to a distance of two times the height of the structure. A smaller fall zone
may be allowed if supported by a report submitted by a qualified structural engineer. The
structural engineer's report shall be submitted to and reviewed by the Planning Board and
corroborated by an independent consultant hired by the Town that demonstrates that a
smaller fall zone is appropriate and safe. The fall zone of an antenna support structure
must not include areas where people congregate, and must be clear of all structures
except the base station equipment.
H. Federal aviation regulations. All wireless facilities shall comply with applicable airport
and/or air space hazard and/or obstruction regulations. Any facility that would be
classified as an obstruction or hazard under current federal aviation regulations or would
280:81 08-01-2010
§ 280-70 SOUTHOLD CODE § 280-70
otherwise interfere with the operation of radio navigation aids, communications and/or
airport operations is prohibited.
I. Antenna support structures in the LI, LIO, MI, MR, B, and HB Zoning Districts are
subject to the following restrictions:
(1) Minimum lot size: in accordance with the bulk schedule for each zone.
(2) Maximum height: 80 feet.
(3) Minimum distance of all wireless equipment to adjacent residential property lines
or streets shall be no less than 500 feet.
I Antenna support structures permitted in AC, R-40, R-80, R-120, R-200, R-400, LB, RO,
RR, HD, or AHD Zoning Districts are subject to the following conditions (in addition to
any other applicable conditions):
(1) Minimum area surrounding the proposed location: 200,000 square feet of
contiguous vacant land restricted from future residential development by deed for
the duration of the property's use for the wireless facility; and
(2) Maximum height: 45 feet; and
(3) The structure is a monopole with interior -mounted antennas, or a suitable
unobtrusive camouflage structure; and
(4) The structure is screened from view from surrounding properties by dense
vegetation and trees, either planted or existing, and meeting the site design
appearance criteria for residential zones in Subsection N; and
(5) Noise from base equipment, including any backup generator, measures less than
45dB at all adjacent property lines; and
(6) Minimum distance of all wireless equipment to adjacent residential property lines
or street shall be no less than 500 feet.
K. Radio emissions must fall within the maximum permissible exposure (MPE) limits
established by the FCC.
(1) A power density analysis of the radio emissions for the proposed wireless
communication facility must be provided by the applicant. The power density
analysis shall be prepared and signed by a qualified professional specializing in
radio communication facilities.
(2) The results from the analysis must clearly show that the power density levels of
the electromagnetic energy generated from the proposed facility at the nearest
point(s) of public access and the point(s) of greatest power density (if other than
the nearest point of public access) are within the maximum permissible exposure
(MPE) limits established by the FCC which are in effect at the time of the
application.
280:82 08-01-2010
§ 280-70 ZONING § 280-70
(3) The power density analysis must be based on the most recent edition of FCC
Office of Engineering and Technology Bulletin No. 65, must cite the specific
formulas and assumptions used and must show all calculations, and must include
simple sketches showing the spatial relationships between the facility and the
points of interest. If the wireless communication facility would be co -located with
an existing facility, or is designed for future expansion or co -location, the
cumulative effects of all emitters now on, or likely to be on, the facility in the
future must also be analyzed.
(4) The power density analysis shall ,be based on the assumption that all antennas
mounted on the proposed facility are simultaneously transmitting radio energy on
all channels at a power level equal to the maximum transmitter power rating
specified by the manufacturer. j
(5) The conclusions of the power density analysis must be corroborated by an
independent radio frequency engineer retained by the Town to provide such
determinations.
L. At the request of the Building Inspector, owners of wireless facilities shall provide a
structural inspection report prepared by a structural engineer which verifies the structural
integrity of the wireless facility and -any associated antenna support structures.
M. No antenna support structure shall be constructed at, or remain at, a height that is taller
than that required by installed and operational antennas.
N. Site design standards. All wireless facilities, including co -locations, shall be the least
visually obtrusive design possible that also permits the .applicant to achieve its service
needs. To that end, the following design standards shall apply to all wireless
communication facilities installed or constructed pursuant to the terms of this chapter:
(1) Setbacks. Antenna support structures and equipment facilities shall adhere to the
setbacks for principal uses in the Bulk Schedule applicable to the zone in which
the structures are located, unless otherwise indicated elsewhere in this chapter.
(2) Signs. Signs shall not be permitted on facilities except for signs displaying contact
information and safety instructions, which are required. Safety signs shall be in
accordance with American National Standards Institute (ANSI) standards for radio
frequency radiation warning signs. Contact signs shall identify all service providers
located on the facility and shall include normal and emergency contact information
for each. Such signs shall not exceed five square feet in surface area.
(3) Base station equipment shelter. The base station equipment shelter shall be
constructed with a finish similar to that of adjacent structures on the property and
integrated into the architectural style. Any newly constructed base equipment
shelter shall be located in accordance with the minimum height and yard
requirements of the zoning district applicable to the site; and up to two adjacent
off-street parking spaces may be provided for service vehicles. Notwithstanding the
foregoing, base equipment related to interior -mounted wireless facilities shall be
located in an area that is satisfactory to the Planning Board upon consideration of
impacts on adjacent properties and minimizing visual impacts.
280:83 08-01-2010
§ 280-70 SOUTHOLD CODE § 280-71
(4) Base equipment landscaping. A screen of evergreen trees shall be planted outside
the fence of the base equipment area or shelter to provide a visual screen or buffer
for adjoining private properties and the public right-of-way or other vantage points
accessible to the public. The screen shall consist of a double row of evergreen
shrubs and trees that are of sufficient density and height to immediately screen the
base equipment from view. Required front yard setback areas shall be landscaped
and include shrubs and trees. Survivability of the landscaping shall be guaranteed
and maintained by the applicant for -the life of the installation.
(5) Site lighting. The lighting permitted shall be the minimum required to protect the
public welfare. Facilities sited on existing developed sites shall be incorporated
into the lighting plans of those sites. Outside lighting shall use fully shielded
fixtures so that the light source is not visible from beyond the property line, and no
light is reflected or shone towards the sky, except in the case of structures required
to follow FAA guidelines for safety lighting.
§ 280-71. Required approvals.
All wireless communication facilities, and modifications to such facilities (as defined in
§ 280-69) shall require a building permit, site plan approval, and special exception approval,
except those meeting certain requirements as stated in § 280-71A(2). and § 280-71B(2), and
except in cases of ordinary maintenance as defined in § 280-69.
A. Building permit required.
(1) All applications for a building permit shall comply with § 280-70, General
requirements for all wireless communication facilities, and § 280-74, application
requirements.
(2) Building permit only. A wireless communication facility is a permitted use
requiring only a building permit, without the requirement of site plan approval, and.
special exception approval, if it conforms to § 280-70 and falls in one of the
following two categories:
(a) New wireless facility that is interior -mounted in an existing building or
existing structure in the LI, LIO, B, HB, MI, or MIl Zoning District which
conforms to the following requirements:
[1] Interior -mounted facilities in existing buildings shall be constructed so
that the outward appearance of the building or structure before and after
the installation is complete is identical or nearly identical. The addition
of a significant architectural feature onto an existing building that is
visible from outside for the purpose of accommodating interior -mounted
antennas shall require site plan approval; and
[2] Base station equipment:
[a] Located within an existing shelter or building, not to be expanded
beyond an additional 10% of floor area; or
280:84 08-01-2010
§ 280-71
ZONING § 280-71
[b] Located 'in an underground vault, with any aboveground
components screened from view with evergreen planting; or
[c] Entirely concealed from view with dense evergreen planting so
that all equipment, shelters, fences, gates and other associated
structures are not visible from any vantage point. Plantings shall be
of sufficient size to achieve this screening effect immediately upon
planting;
[d] Noise from base equipment, including any backup generator,
measures less than 45dB at all adjacent property lines; or
(b) Modification, as defined in § 280-69, including co -location, of an existing
antenna support structure or other wireless facility holding all valid permits
and causing essentially no visible change to the exterior, and which conforms
to the following requirements:
[1] Modifications causing essentially no visible change in the appearance of
the exterior means that the antennas are interior -mounted in the existing
structure and are not visible from the outside after installation.
Exceptionally well-designed flush -mounted antennas may also fall into
this category if they present no visible profile protruding from the
surface to which they are mounted, and are camouflaged to blend in
with the background surface to which they are mounted; and
[2] Base station equipment, as specified above in Subsection A(2)(a)[2].
B. Site plan approval required.
(1) All applications for site plan approval shall comply with § 280-70, General
requirements for all wireless communication facilities, and § 280-74, Application
fees and requirements.
(2) Building permit and site plan only. A wireless communication facility is a
permitted use requiring a building permit and site plan approval without the
requirement of special exception approval if it conforms to § 280-70 and falls in
one of the following two categories:
(a) New wireless facility that is interior, roof- or side -mounted to an existing
building or existing structure in the LI, LIO, B, HB, MI, or MII Zoning
District which conforms to the following requirements:
[1] Interior -mounted facilities that exceed the requirements of
§ 280-71A(2)(a).
[2] Roof -mounted facilities shall conform to the following requirements:
[a] Visual impact minimized to the greatest extent possible;
[b] Height limited to no more than 10 feet above the highest point of
the building; and
280:85 08-01-2010
§ 280-71 SOUTHOLD CODE § 280-72
[3] Side -mounted facilities shall be flush -mounted and painted or otherwise
camouflaged to blend with the facade or background materials of the
structure; and
[4] Base station equipment is as specified above in Subsection A(2)(a)[2];
or
(b) Modification, as defined in § 280-69, including co -location, to an existing
wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or MII
Zoning Districts and causing a visible change to the exterior, and which
conforms to the following requirements:
[1] Co -locations shall not extend the height of the structure more than 10
feet over the original approved structure. To prevent the incremental
extension of height over time, any subsequent application with a
proposed extension beyond the first 10 feet shall require special
exception review and approval; and
[2] Base station equipment shall be as specified above in Subsection
A(2)(a)[2].
C. Special exception. All applications for special exception shall comply with the standards
in § 280-70, General requirements for all wireless telecommunication facilities, and
§ 280-74, Application fee and requirements.
§ 280-72. Site plan approval.
A. Standards. In addition to the standards in Article XXIV and the standards in § 280-70
herein, all wireless facilities, including co -locations, shall be the least visually obtrusive
design possible that also permits the applicant to achieve its service needs. To that end,
the following design standards shall apply to all wireless communication facilities
installed or constructed that require site plan approval:
(1) Camouflage on buildings. Wireless antennas, if mounted on a building facade,
shall be flush -mounted and painted or otherwise treated to blend with the facade.
When a wireless communication facility extends above the roof height of a
building on which it is mounted, every effort shall be made to conceal the facility
within or behind existing architectural features to limit its visibility from public
and residential vantage points, yet permit the facility to perform its designated
function. Facilities mounted on a roof shall be stepped -back from the front facade
in order to limit their impact on the building's silhouette. If antennas are part of the
stepped -back facility, the applicant shall submit an access control plan that
precludes inadvertent access to the front faces of the antennas by building workers
and the general public. The wireless communication facilities shall blend in with
the existing building's architecture and shall be painted or shielded with material
which is consistent with the design features and materials of the building.
(2) Access. Access to wireless facilities shall be from already established site access
points whenever possible.
280:86 08-01-2010
§ 280-72
ZONING § 280-72
(3) Dish antennas. Dish antennas shall be colored, camouflaged or screened to the
extent that they are as unobtrusive as possible, and in no case shall the diameter of
a dish antenna exceed six feet.
(4) Electric line setback. Except for wireless facilities specifically designed for
mounting on electric transmission towers, or within the footprint of such towers,
no wireless communication facility shall be located nearer to any overhead electric
transmission line carrying more than 220 volts than a distance equal to the
facility's height above the roof or other permanent structure to which it is attached.
(5) Co -location. Wireless communication facilities shall be designed to provide for
co -location by multiple providers or designed so that they can be retrofitted to
accommodate multiple providers, wherever possible.
(6) Scenic landscapes and vistas. All antenna support structures which are not
concealed inside of buildings or screened by existing trees or buildings must be
surrounded by a planted buffer of dense tree growth. An antenna support structure
that is located within a scenic vista or scenic landscape or within 300 feet of a
scenic road, as designated by the Town, shall not be taller than 10 feet above the
height of trees within a radius of 300 feet of the proposed location, or 35 feet
maximum in the absence of trees.
(7) Color. Antenna support structures in the form of monopoles or other towers shall
either be blue/gray in color or be colored appropriate to the context of the
structure's location so that the tower is as unobtrusive as possible, unless otherwise
required by the Federal Aviation Administration (FAA). If a wireless
communication facility is installed on a structure other than a tower, the antenna
and supporting electrical and mechanical equipment must be of a neutral color that
is identical to or closely compatible with the colors of the supporting structure so
as to make the antenna and related equipment as visually unobtrusive as possible.
(8) Wireless facilities sited within new structures meant to mimic some other structure
or natural feature must be designed at a scale compatible with the community, be
unobtrusive, and be characteristic of the area.
(9) Antenna support structures in or adjacent to residential zones. Where the site
proposed for an antenna support structure is located within a residential zone or
has one or more property lines abutting or on the opposite side of a street from a
residential zone or use permitted in a residential zone, no antenna support
structures may be constructed unless adequately screened from view of those
residential zones by existing buildings or large trees, including evergreens. The
structure may protrude no more than 10 feet above screening buildings and/or
trees. In the absence of an adequate arrangement of existing large trees or
buildings to provide effective screening, the height of the proposed structure may
be no more than 35 feet, and the base equipment must be buried in an underground
vault. Two rows of evergreen trees must be planted encircling the structure, one
row at a distance from the structure of 50% of the height of the structure, and the
other at 90% of the height of the structure. Transplanted trees shall have a
minimum caliper of three inches, spaced 30 feet on center. The trees must have an
280:87 08-01-2010
§ 280-72 SOUTHOLD CODE § 280-73
expected height at maturity of at least 10 feet less than the height of the structure
to be screened. Smaller evergreen shrubs must be used to fill in the gaps in
between for screening during the time the trees are filling in and maturing. The
Planning Board may vary the arrangement of the trees and shrubs to accommodate
specific site conditions, and accomplish the goal of screening the facility from
view of residential properties. A written guarantee from the wireless facility's
owner shall be required to ensure that the plantings survive and are maintained
throughout the existence of the installation.
(10) Commercial and industrial siting. Antenna support structures to be sited on
developed commercial or industrial properties shall be located to the rear of other
principal buildings and shall not encroach on planting buffers, parking areas or
otherwise impair the operation of previously approved systems such as stormwater
drainage basins. Existing buildings and structures should be used in the siting of
freestanding towers to contribute to the visual screening of the antenna support
structure.
§ 280-73. Special exception approvaL
A. Authority. For the purposes of this section, notwithstanding Article XXV of this chapter,
the Planning Board shall be empowered to issue a special exception approval for wireless
communication facilities, subject to the provisions of this chapter.
B. Standards. In addition to the standards in Article XXV of this chapter, no special
exception approval shall be granted unless the Planning Board specifically finds and
determines the following:
(1) Construction of the proposed facility or modification of the existing facility is a
public necessity, in that it is required to meet current or expected demands of the
telecommunications provider and to render adequate service to the public.
(2) The applicant has made substantial effort to co -locate with existing wireless
facilities or, failing that, has made substantial effort to locate on municipally
owned land or structures, or within or on existing buildings or structures.
(3) There are compelling reasons which make it more feasible to construct the
proposed facilities rather than alternatives.
C. Matters to be considered. In addition to the matters to be considered in Article XXV of
this chapter, the Planning Board shall give consideration to the following in issuing a
special exception approval for wireless communication facilities:
(1) The proposed antenna support structure must be demonstrated to be the lowest
height above the ground feasible to achieve the service needs of the carrier(s). The
rationale behind the explanation by the applicant must be corroborated by an
independent consultant hired by the Town.
(2) The wireless communication facility has been situated to minimize its proximity
and visibility to residential structures, residential district boundaries and landmarks
designated by Town, federal or state agencies.
280:88 08-01-2010
§ 280-73 ZONING § 280-74
(3) The wireless communication facility is designed and situated to be compatible with
the nature of uses on adjacent and nearby property.
(4) The wireless communication facility has been designed to use the surrounding
topography to minimize its visual impacts.
(5) The wireless communication facility has been designed to use the surrounding tree,
building or foliage coverage to minimize its visual impacts.
(6) The wireless communication facility maximizes design characteristics to reduce or
eliminate visual impacts and obtrusiveness.
(7) Other adequate conditions have been placed on the wireless communication facility
which will minimize any adverse impacts of the facility on adjoining properties.
D. Expiration. Any special exception approval granted under this article shall have a term of
five years, commencing from the grant of the special exception, which may be extended
for an additional five-year term upon application to the Planning Board. On a renewal
application, the applicant shall demonstrate that the wireless communication facility is in
compliance with all applicable laws, rules and regulations and with all of the conditions
of the special exception approval and site plan, that the facility is necessary to provide
adequate service, and that there is no reasonable alternative available to the owner which
will provide adequate service without the continuing use of the facility. Subsequent
special exception renewals shall be subject to review by the Planning Board and subject
to such standards that shall be included in the Town Code at that point in time.
§ 280-74. Application fees and requirements.
A. Fees. The following fees are in place of those required in other sections of the Code:
(1) Building permit application fees.
(a) Modification: $500.
(b) New facility: $750.
(2) Site plan application fees.
(a) Modification: $1,000.
(b) New facility: $2,000.
(3) Special exception application fee: $1,000.
(4) Review by independent consultants.
(a) The Town may hire any consultant(s) and/or expert(s) necessary to assist the
Town in reviewing and evaluating the application, including the construction
and modification of the site, once permitted, and any site inspections. Said
escrow account shall be funded by the applicant with an initial deposit of
$8,500. No application shall be considered complete for review purposes
until an escrow account is established and funded.
280:89 08-01-2010
§ 280-74 SOUTHOLD CODE § 280-74
(b) Withdrawals from said escrow account may be made from time to time to
reimburse the Town for the cost of its consultants' professional review
services actually incurred in connection with the review of any application
including where applicable, the lease negotiation, the preapproval evaluation,
and the construction and modification of the site, once permitted. Whenever
the balance in such escrow account is reduced to a balance of less than
$2,500, the Planning Board shall notify the applicant and the applicant shall
immediately deposit additional funds -into such account so as to restore its
balance to at least $5,000 or to such sum deemed necessary by the Planning
Board. If such account is not replenished within 30 days after the applicant is
notified in writing of the requirement for such additional deposit, the
Planning Board may suspend its review of the application.
(c) The consultant(s) will work under the direction of the Town Planning
Director. Copies of the consultants' qualifications, findings and reports will
be provided to the applicant and an opportunity given to the applicant to
respond to the content of the consultants' report prior to any decisions being
made. In the event that the amount held in escrow by the Town is more than
the amount of the actual invoicing at the conclusion of the project, the
remaining balance shall be promptly refunded to the applicant.
B. Building permit application.
(1) The following application requirements are in addition to those required in
§ 144-8C.
(a) Written analysis demonstrating the project complies with the maximum
permissible exposure regulations in accordance with § 280-70K.
(b) Written documentation as to the facility's structural compliance with local,
state and federal codes.
(c) Copies of all applicable FCC licenses, notices of proposed construction or
alteration, federal environmental impact statements and other documents
verifying compliance with federal, state and local regulations.
(d) Propagation maps shall be submitted for existing coverage from existing
surrounding and/or approved sites, coverage from all alternative sites
considered and coverage from the proposed site. Propagation maps shall
include a minimum of three signal strength depictions (-75dBm, -85dBm and
-95dBm) and any other signal strength levels deemed appropriate by the
applicant based on the applicant's documented coverage and reliability needs.
(e) A "gap map" prepared and signed by a qualified radio frequency engineer
and overlaid on an "existing coverage" background propagation map
demonstrating the area(s) within which the applicant's, existing service is not
adequate. In addition, a search ring shall be depicted indicating where the
wireless communication facility needs to be located in order to provide
adequate signal strength and/or capacity to the target gap area. The applicant
must explain and document its standards and criteria for adequate signal
280:90 08-01-2010
§ 280-74 ZONING § 280-74
strength, capacity and reliability and must demonstrate to the satisfaction of
the Planning Board why these standards and criteria are applicable to the
Town of Southold.
(f) Digital files of the propagation and gap maps, including attribute information,
in a geographic information system (GIS) format and projecting that is
compatible with the GIS technology currently in use by the Town of
Southold.
(g) A copy of the deed or lease agreement establishing applicant's right to use
the parcel on which the wireless communication facility is to be located.
(h) Other information deemed necessary to assess the compliance with this
article.
(2) Once the application is received in the Building Department, it will be forwarded
to the Planning Director for report and recommendations on compliance with
§ 280-70, General requirements for all wireless communication facilities, and any
technical consultant reports that may have been required. No building permit for a
wireless facility may be granted prior to this report being submitted to the Building
Inspector.
C. Site plan application. The following application requirements are in addition to those
required in § 280-133:
(1) Seven copies of the completed building permit application required under
Subsection B.
(2) Aeronautical study or appropriate . consultant's report demonstrating that the
proposed facility will not constitute an obstruction or hazard to air navigation.
(3) Visual impact analysis: renderings or computer graphics illustrating the appearance
of the completed facility from residential and public vantage points to be
determined by the Planning Board.
(4) Adjacent land uses, structures and zoning within 500 feet.
(5) The location in latitude and longitude, type and height of the wireless
communication facility.
(6) A list of other carriers already located on the facility, with the number, type,
height, orientation, effective radiated power, number of channels and operating
frequencies of each antenna, including the proposed.
(7) Digital information about the facility (AutoCAD, Shapefile) that can be imported
into a geographic information system depicting the search ring of the proposed
facility.
(8) A photo of the facility, if already existing.
(9) Location of landmarks listed by federal, state or Town agencies within 300 feet.
280:90.1 08-01-2010
§ 280-74 SOUTHOLD CODE § 280-74
(10) Distances between the proposed facility and the following:
(a) The nearest residential structure.
(b) The nearest property line with a residential use.
(c) All other structures.
(d) Roads, rights-of-way, driveways.
(11) Fall zone radius and distance.
(12) Proposed means of access.
(13) Elevation drawings with dimensions clearly indicated, including diameter or width
of the structure at its widest and narrowest, and the tallest point, including
antennas or lightning protection.
(14) Other information deemed by the Planning Board to be necessary to assess
compliance with this article.
D. Special exception application. To make the determination on an application for special
exception, the Planning Board shall require the following in addition to the requirements
of Article XXV of this chapter:
(1) Each application shall include:
(a) One copy of the building permit application.
(b) One copy of the site plan application.
(c) A written site location alternative analysis describing the location of other
sites considered, the availability of those sites, the extent to which other sites
do or do not meet the provider's service or engineering needs and the reason
why the subject site was chosen.
(d) Other information deemed by the Planning Board to be necessary to assess
compliance with this article.
(2) The applicant shall document to the satisfaction of the Planning Board that a
good -faith effort has been made to locate or co -locate on existing towers or other
available and appropriate buildings and structures, that it is not feasible to
co -locate on an existing facility and that -the proposed location is necessary to
provide adequate service to the public. The documentation shall include a notarized
statement by the applicant as to whether construction of the wireless
communication facility will accommodate co -location of additional antennas for
future users.
(3) The Planning Board and Planning Department may retain technical consultants as
they deem necessary to provide assistance in the review of the needs and site
location alternatives analyses and other matters that the Board deems necessary.
The applicant shall bear the reasonable cost associated with such consultation,
which cost shall be assessed as an additional application fee. The consultants will
280:90.2 08-01-2010
§ 280-74 ZONING § 280-76
work under the direction of the Town Planning Director. Copies of the consultants'
qualifications, findings and reports shall be made available to the applicant upon
acceptance of the final draft of the report by the Planning Board.
(4) The applicant must explain in writing to the Planning Board why it selected the
proposed site, discuss the availability or lack thereof of a suitable structure within
the search ring for co -location, and the extent to which the applicant has explored
locating the proposed facility in a more intensive use district. Correspondence with
other telecommunication providers concerning co -location is part of this
requirement. The applicant shall also provide evidence supporting the existence of
inadequate service. This may include the propagation maps cited above, drive test
maps, traffic studies, customer complaint logs and similar data. The applicant must
also demonstrate to the Board that the proposed facility satisfies the demonstrated
service deficiency to an equal or greater degree than any of the reasonably
available alternatives.
§ 280-75. Historic buildings and districts.
No wireless communication facility is allowed on any designated landmark property or district
listed by federal, state or Town agencies, except as specified below, and subject to Chapter
170, Landmark Preservation:
A. Any wireless communication facility located on or within an historic structure listed by
federal, state or Town agencies shall not alter the character -defining features, distinctive
construction methods or original materials of the building.
B. Any alteration made to an historic structure to accommodate a wireless communication
facility shall be fully reversible.
C. Wireless communication facilities within an historic district listed by federal, state or
Town agencies shall be concealed within or behind existing architectural features, so that
they are not visible.
§ 280-76. Removal; height reduction.
A. Any wireless communication facility that is not operated for a continuous period of 12
months shall be deemed abandoned. At that time, the owner of the wireless
communication facility or the owner of the property where the wireless communication
facility is located shall remove all components thereof within 90 days of such deemed
abandonment or will be in violation of this article. In the case of a wireless
communication facility on preexisting structures, this provision shall apply to the
wireless communication facility only. If the wireless communication facility is not
removed within said 90 days, the Building Inspectors may give the owner notice that
unless the removal is accomplished within 30 days, the Town will cause the removal at
the owner's expense. All costs and expenses incurred by the Town in connection with
any proceeding or any work done for the removal of a wireless communication facility
shall be assessed against the land on which such wireless communication facility is
located, and a statement of such expenses shall be presented to the owner of the property,
280:90.3 08-01-2010
§ 280-76 SOUTHOLD CODE § 280-76.1
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 of the facility and the owner of the property upon which the
facility is located 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 Building
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 of the facility and the owner of the property upon which the facility is
located, 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
are provided by law for the collection and enforcement of real property taxes in the
Town of Southold.
B. Height reduction. Where antennas are moved to lower heights on an existing antenna
support structure and the full height is no longer needed, the overall height of the
structure shall be reduced. No antenna support structure shall remain at a height that is
taller than that required by installed and operational antennas.
C. This section is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the
public health, safety and general welfare of Town citizens through removal provisions to
ensure the proper decommissioning of wireless communication facilities within the entire
Town. The removal reduction provision of this chapter shall supersede any inconsistent
portions of the Town Law § 64(5-a) and govern the subject of removal of wireless
communication facilities in this chapter.
§ 280-76.1. Preexisting antenna support structures and antennas.
A. Preexisting antenna support structures and antennas, for which a permit has been issued
prior to the effective date of this article, may continue in use for the purpose now used
and as now existing, subject to the conditions of that permit. Preexisting antenna support
structures and antennas may not be replaced, structurally altered, or added to without
complying in all respects with this article. The issuance of permit renewals or other new
permits for such facilities shall be in accordance with the provisions of this article.
Preexisting antenna support structures and antennas without the proper permits shall be
considered out of compliance with this article.
B. Any wireless service provider with at least one preexisting antenna support structure or
antenna in the Town of Southold that is out of compliance with the building and zoning
requirements in this chapter prior to the adoption of this article shall not be eligible for
any new approvals until the preexisting antenna support structure or antenna is brought
into compliance with this article.
C. Until all required permits are secured, no issuance of any new permit shall occur for a
request to co -locate, attach, or share an existing antenna support structure, when such
existing facility is found to have one or more antennas or mounts without permits.
280:90.4 08-01-2010
§ 280-76.1 ZONING § 280-76.2
D. Any application by a wireless service provider shall be deemed incomplete if that
provider has a preexisting antenna support structure in the Town on which there is any
antenna or mount without permits, and said application shall not be processed until that
facility is brought into compliance with this article.
§ 280-76.2. Waivers of criteria.
In approving a site plan or special exception, the Planning Board may waive or modify the
following criteria if it finds that the goals and stated purposes of this article are better served
by doing so, and that there is no detriment to the public health, safety and welfare.
A. Section 280-70I(2), Maximum height: 80 feet. In commercial zones, where co -location
will achieve the result of fewer antenna support structures, the Planning Board may
modify the eighty -foot height restriction with the condition that the antenna support
structure be constructed so that antennas can be installed at any height on the structure,
and that the overall height of the structure can be reduced if antennas are moved to lower
heights. No -antenna support structure shall remain at a height that is taller than that
required by installed and operational antennas. The applicant must show that co -location
of other carriers is likely by demonstrating that coverage or capacity gaps of other
carriers are located in the same area as the proposed structure.
B. Section 280-70I(3), Minimum distance of all wireless equipment to adjacent residential
property lines or streets shall be no less than 500 feet. This setback requirement may be
modified upon a showing by the applicant that the actual distance of the antenna support
structure to the residential structure is minimized to the greatest extent possible.
C. Section 280-72A(6), Scenic landscapes and vistas. The requirement of planting of
surrounding tree coverage and foliage to account for existing vegetation and land
contours may be modified by the Planning Board but only in cases where it can be
shown that the existing vegetation achieves the purpose of concealing the structure.
D. Section 280-70N(4), Base equipment shelter landscaping. The requirement of planting of
screening vegetation may be modified by the Planning Board in cases where it can be
shown that existing screening that accomplishes the goal of concealing the base
equipment shelter from other properties and roads.
E. Section 280-72A(9), Antenna support structures in or adjacent to residential zones. If the
structure is located on a property that is adjacent to a residential zone, the Planning
Board may modify the requirement of planting of surrounding tree coverage and foliage
in cases where it can be shown that existing vegetation and land contours achieve the
purpose of concealing the structure from nearby residences.
F. Section 280-76.1A and B, Preexisting antenna support structures and antennas not in
compliance. The provision requiring preexisting nonconforming facilities to be brought
into compliance may be modified by the Planning Board where such facilities would be
required to be rebuilt or relocated to be in compliance, if, in those cases only, the
applicant- demonstrates that those preexisting facilities, given the carrier's coverage or
capacity needs, are already located in a place that would comply the same or better as
any alternate locations, or are already constructed to be as unobtrusive as possible.
280:90.5 08-01-2010
§ 280-76.3 SOUTHOLD CODE § 280-78
§ 280-76.3. Relief.
With the exception of relief from the denial of an application for special exception approval
pursuant to § 280-73, any applicant desiring any other relief or exemption from the
requirements of this article may seek a variance from the Zoning Board of Appeals in
accordance with Article XXVI of this chapter.
§ 280-76.4. Severability.
The various parts, sections and clauses of .this article are hereby declared to be severable. If
any clause, sentence, paragraph, section or part of this article shall be adjudged by any court
of competent jurisdiction to be invalid, the judgment shall not affect the validity of this article
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
§ 280-76.5. When effective.
This article shall take effect immediately upon filing with the Secretary of State.
ARTICLE XVIII
Parking and Loading Areas
[Added 1-10-1989 by L.L. No. 1-19891
§ 280-77. Purpose.
Regulations for off-street parking and truck loading areas are imposed in order to minimize
traffic congestion, air pollution and the risk of motor vehicle and pedestrian accidents and to
address aesthetic considerations.
§ 280-78. Off-street parking areas.
A. Off-street parking spaces, open or enclosed, arc permitted accessory to any use specified
below. Any land which is developed as a unit under single ownership and control shall
be considered a single lot for the purpose of these parking regulations. Reasonable and
appropriate off-street parking requirements for structures and uses which do not fall
within the categories listed below shall be determined by the Planning Board upon
consideration of all factors entering into the parking needs of each use. For those uses
not specified in the schedule, there shall be a periodic monitoring of off-street parking
conditions to ensure that the purpose of this article is satisfied. In addition, the Planning
Board may waive all or a portion of these requirements within the Hamlet Business
District where it shall find that municipal parking facilities within 300 feet of the
proposed use will adequately serve the proposed use. [Amended 5-16-1994 by L.L. No.
9-1994; 4-22-2008 by L.L. No. 4-2008; 114-2009 by L.L. No. 14-20091
Type of Use
Accessory apartment in existing 1 -family
dwelling
Required Number of Parking Spaces
1 per accessory apartment in addition to
2 for 1 -family dwelling
280:90.6 08-01-2010
§ 280-78 ZONING § 280-78
Type of Use
Antique shop, auction gallery, arts and
crafts shop and workshop
Apartment over store
Auditorium, meeting hall
Automobile laundry
Bank
Beach club or swim club
Bed -and -breakfast enterprise
Required Number of Parldng Spaces
1 per 250 square feet of sales area
1 per apartment in addition to business
requirements
1 per 50 square feet of seating area, but
not less than 1 per 4 seats where
provided
1 per employee, plus a 10 -space queuing
line area for each laundry bay
10 spaces or 1 space for each 100 square
feet of gross floor area or 3 spaces per
teller, whichever is greatest, plus a
5 -space queuing area for each drive-in
teller
2 spaces per 3 members
1 space per guest room in addition to
residential requirements
Boardinghouse or tourist house 1 space per guest room in addition to
residential requirements
Boat and marine engine repair and sales, if 1 space per 250 square feet of gross floor
separate from marina area
Boatyard, including boat sales and rentals Sales and rental portion, 3 spaces, in
addition to marina requirements
Bowling lane At least 4 spaces per lane
Building, electrical or plumbing contractor's 1 space for each employee, plus 2 spaces
business or yard
Cold storage plant 3 spaces or 1 per 800 square feet of gross
floor area
College 0.5 space per student, plus 0.75 space per
staff member
Conference facilities 1 space per 4 seats in the largest
assembly hall or meeting area, plus 1
space for each 4 seats in classroom
facilities
Convenience stores At least 1 space per 100 square feet of
gross floor area of the retail store,
including storage and counter space
Drinking establishment 1 space per 3 seats or 1 space per 100
square feet of floor space, whichever is
greater
Fish market, including wholesale and retail 1 space per 200 square feet of gross floor
sale of fnfish and/or shellfish area
280:90.6.1 08-01-2010
§ 280-78 SOUTHOLD CODE § 280-78
Type of Use
Required Number of Parldng Spaces
Food processing and packaging including 0.75 space per employee or 1 space per
fish processing 500 square feet of gross floor area,
whichever is greater
Fraternal or social office or meeting hall See 'office"
280:90.6.2 08-01 - 2010
§ 280-146 ZONING § 280-149
(1) Determine the meaning of any provision in this chapter or of any condition or
requirement specified or made under the provisions of this chapter.
(2) Determine the exact location of any district boundary shown on the Zoning Map.
§ 280-147. Additional conditions and safeguards.
In deciding any matter before it, the Board of Appeals may impose such conditions and
safeguards as it deems necessary or appropriate to preserve and protect the spirit and the
objectives of this chapter.
§ 280-148. Rules of conduct and procedure.
The Board of Appeals shall, consistent with the law, determine its own rules of conduct and
procedure.
§ 280-149. Fees. [Amended 2-11-1990 by L.L. No. 29-1990; 11-24-1992 by L.L. No.
30-19921
Applications to, the Board of Appeals for any relief herein shall be accompanied by a fee as
hereinafter provided:
A. For applications involving fences, accessory structures or accessory buildings, alterations
or additions containing less than 200 square feet in floor area, the fee shall be $150.
B. For all other applications, including those involving commercial property, containing a
single request (for example, an application requesting one variance or an application
requesting a special exception), the fee shall be $400, except that the fee for a special
exception for a bed -and -breakfast shall be $250. [Amended 2-7-1995 by L.L. No.
3-19951
C. For applications containing more than one request, such as an application requesting an
area variance and a width variance, the fee shall be $600.
D. For applications for interpretations on appeal from an order, decision or determination of
an administrative officer, the fee shall be $200 for each section of the Town Code for
which an interpretation is requested.
E. For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be
$250.
F. For applications for rehearings, the fee shall be the same as the fee charged for the
original application.
G. For applications for public entertainment and special events permits, the fee shall be $50.
[Added 11-29-1994 by L.L. No. 26-19941
280:141 08-01-2010
§ 280-150 SOUTHOLD CODE § 280-151
§ 280-150. Notice of hearing. [Amended 12-27-1995 by L.L. No. 25-1995]
A. In all cases where the Board of Appeals is required to hold a public hearing, notice shall
be provided pursuant to Chapter 55, Notice of Public Hearings.
B. In lieu of complying with the provisions of this section, written verified waivers of notice
executed by the persons entitled to receive such notice may be filed with the Town Clerk
at the time of filing the petition.5
ARTICLE XXVII
Administration and Enforcement
[Last amended 1-10-1989 by L.L. No. 1-19891
§ 280-151. Administrative and enforcing officer. [Amended 5-20-1993 by L.L. No.
5-1993; 5-30-1995 by L.L. No. 11-1995; 7-11-1995 by L.L. No. 16-1995; 11-24-1998 by
L.L. No. 23-1998; 6-15-2010 by L.L. No. 2-20101
A. It shall be the duty of the Building Inspector and such deputies and assistants as may be
appointed by the Town Board to administer and enforce the provisions of this chapter
and of all rules, conditions and requirements adopted or specified pursuant thereto.
B. The Building Inspector and/or his Assistant and Deputy Building Inspectors shall have
such right to enter and inspect buildings, structures or premises and to perform other acts
necessary for the enforcement of this chapter as is conferred upon them by law. He shall
maintain files of all applications for building permits and plans submitted therewith and
for certificates of occupancy and records of all building permits and certificates of
occupancy issued by him, which files and records shall be open to public inspection and
to perform such other acts necessary for the enforcement of this chapter as is conferred
upon them by law.
C. Said Building Inspector shall keep a record of every identifiable complaint of a violation
of any of the provisions of this chapter and of the action taken on each such complaint,
which records shall be public records. He shall report to the Town Board, at intervals of
not greater than three months, summarizing for the period since his previous report all
building permits and certificates of occupancy issued by him and all complaints of
violations and the action taken by him thereon.
D. The Building Inspector shall make the necessary inspections for the purpose of
ascertaining whether or not existing conditions comply with the provisions of this
chapter.
E. At the request of the Town Board, the Building Inspector shall inspect any premises for
the purpose of ascertaining whether or not existing conditions comply with the provisions
of this chapter and report, in writing, to said Board the results of his findings.
58. Editor's Note: Former Subsection C, regarding failure to comply with the provisions of this section, which
immediately followed this subsection, was repealed 6-23-1998 by L.L. No. 10-1998.
280:142 08-01-2010
§ 280-151 ZONING § 280-154
F. At the request of the Planning Board, the Building Inspector shall review site plan
applications for compliance with this chapter and requirements established in the
presubmission conference.
G. For this chapter, the term "Building Inspector" shall include and refer to:
(1) Building Inspectors of the Town of Southold; and
(2) The Zoning Inspector of the Town of Southold.
§ 280-152. Revocation of permit.
The Building Inspector may revoke a building permit theretofore issued and approved in the
following instances:
A. Where he fords that there has been any false statement or misrepresentation as to a
material fact in the application, plan or specifications on which the building permit was
based.
B. Where he finds that the building permit was issued in error and should not have been
issued in accordance with the applicable law.
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 order issued by the Building Inspector.
§ 280-153. Stop orders.
Whenever the Building Inspector has reasonable grounds to believe that work on any building
or structure is being prosecuted in violation of the provisions of the applicable law, ordinances
or regulations or not in conformity with the provisions of an application, plans or
specifications on the basis of which a building permit was issued or in an unsafe and
dangerous manner, he shall notify the owner of the property or the owner's agent or the
person performing the work to suspend all building activities until the stop order has been
rescinded. Such order and notice shall be in writing and shall state the conditions under which
the work may be resumed and may be served upon a person to whom it is directed either by
delivering it personally to him or by posting the same upon a conspicuous portion of the
building under construction and sending a copy of the same by certified mail.
§ 280-154. Certificates of occupancy.
A. A certificate of occupancy shall be applied for from the Building Inspector and it shall be
unlawful to do any of the following until a certificate of occupancy is issued therefor:
(1) Occupancy and use of a building erected, reconstructed, restored, structurally
altered or moved or any change in use of an existing building.
280:143 08-01 - 2010
§ 280-154 SOUTHOLD CODE § 280-154
(2) Occupancy, use or any change in the use of any land.
(3) Any change in use of a nonconforming use.
B. No certificate of occupancy shall be issued for the use of a building or lands requiring a
special exception approval or special permit or for any land use requiring a site plan
approval by the Planning Board unless and until such special exception or special permit
approval or site plan approval has been duly granted. Every certificate of occupancy for
which a special exception, special permit or site plan approval has been granted or in
connection with which a variance has been granted by the Board of Appeals shall contain
a detailed statement of any condition to which the same is subject.
C. Application for a certificate of occupancy on a form furnished by the Building Inspector
for a new building or for an existing building which has been altered shall be made after
the erection of such building or part thereof has been completed in conformity with the
provisions of this chapter and, in the case of a new building, shall be accompanied by an
accurate plot plan or, if not available, by a survey prepared by a licensed land surveyor
or engineer, showing the location of the building as built. Such certificate shall be issued
within 10 days after receipt of the property completed application, provided that the
application states that all requirements of all other applicable codes or ordinances in
effect are complied with.59
D. Every application for a certificate of occupancy or a temporary certificate of occupancy
shall be accompanied by the fee hereinafter specified. Copies of such certificate will be
issued upon the payment of the fee hereinafter specified.
E. A certificate of occupancy shall be deemed to authorize and is required for both initial
occupancy and use of the building or land to which it applies.
F. Upon written request and upon payment of the fee hereinafter specified, the Building
Inspector shall, after inspection, issue a certificate of occupancy for any building or use
therefor or of land existing at .the time of the adoption of this chapter, or any
amendments thereto, certifying such use and whether or not the same and the building
conform to the provisions of this chapter.
G. A record of all certificates of occupancy shall be kept in the office of the Building
Inspector, and copies shall be furnished on request to any agency of the Town or to any
persons having an interest in the building or land affected.
H. Certificate of occupancy fees. [Amended 3-14-1989 by L.L. No. 3-1989; 9-26-1989 by
L.L. No. 20-19891
(1) The following fees shall be paid upon the filing of an application with the Building
Inspector for a certificate of occupancy, which fee shall be paid into the general
fund if the application is approved or returned to the applicant if the application is
denied:
59. Editor's Note: Former Subsection D, concerning the issuance of a certificate of occupancy for the use of vacant land,
which previously followed this subsection, was repealed 4-10-1990 by L.L. No. 5-1990.
280:144 08-01-2010
§ 280-154 ZONING § 280-155
(a) Business buildings and/or business uses and additions and alterations thereto:
$50.
(b) New dwellings and additions and alterations thereto: $25.
(c) Accessory buildings and additions and alterations thereto: $25.
(d) Preexisting dwellings: $100.60
(e) Updated certificates of occupancy by reason of additions or alterations: $50.
(f) Copies of certificates of occupancy: $0.25.61 [Amended 12-21-1993 by L.L.
No. 26-1993; 4-30-1996 by L.L. No. 3-1996]
(2) Notwithstanding the foregoing, no fee shall be required or paid by taxing entities
or districts, including but not limited to fire districts, school districts, park districts
and the like.
§ 280-155. Penalties for offenses. [Amended 6-2-2009 by L.L. No. 6-2009; 6-15-2010 by
L.L. No. 2-2010]
A. For each offense against any of the provisions of this chapter or any regulations made
pursuant thereto or for failure to comply with a written notice or order of any Building
Inspector 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 any person, including an owner,
contractor, agent or other person who fails to comply with a written order or notice of
any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be
guilty of a violation, punishable by a fine not exceeding $5,000 or by 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
18 months thereafter, such person shall be guilty of a violation punishable by a fine not
exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both
such fine and imprisonment.
B. Notwithstanding the foregoing, any violation of § 280-13A(6), 280-13B(13), and
280-13D are hereby declared to be offenses punishable by a fine not less than $1,500 nor
more than $8,000 or imprisonment for a period not to exceed six months, or both, for a
conviction of a first offense; for convictions of a second or subsequent offense within 18
months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed
a period of six months, or both. However, for the purpose of conferring jurisdiction upon
courts and judicial officers in general, violations of this chapter shall be deemed
misdemeanors, and, for such purpose only, all provisions of law relating to
misdemeanors shall apply. Each day's continued violation shall constitute a separate
additional violation. Additionally, in lieu of imposing the fine authorized in this section,
60. Editor's Note: Former Subsection H(1)(e), regarding vacant land, which previously followed this subsection, was
repealed 5-8-1990 by L.L. No. 10-1990.
61. Editor's Note: Former Subsection H(1)(h), regarding certificates of occupancy issued more than five years ago, which
previously followed this subsection, was repealed 12-21-1993 by L.L. No. 26-1993.
280:145 08-01 - 2010
§ 280-155 SOUTHOLD.CODE § 280-158
in accordance with Penal Law § 80.05(5), the court may sentence the defendant(s) to pay
an amount, fixed by the court, not exceeding double the amount of the rent collected
over the term of the occupancy.
§ 280-156. Remedies. [Amended 6-15-2010 by L.L. No. 2-20101
In case any building or structure is erected, constructed, reconstructed, altered, repaired,
converted or maintained or any building, structure or land is used in violation of this chapter
or of any regulations made pursuant thereto, in addition to other remedies provided by law,
any appropriate action or proceeding, whether by local process or otherwise, may be instituted
or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the
occupancy of said building, structure or land or to prevent any illegal act, conduct, business or
use in or about such premises.
ARTICLE XXVIII
Amendments
[Amended 5-30-1975 by L.L. No. 3-1975; 11-15-1983 by L.L. No. 13-1983; 1-8-1985 by
L.L. No. 1-1985; 1-10-1989 by L.L. No. 1-1989; 11-13-1990 by L.L. No. 26-1990;
12-27-1995 by L.L. No. 25-1995; 6-3-2003 by L.L. No. 12-20031
§ 280-157. Procedures.
The Town Board, upon its own motion or by petition, may, from time to time, amend,
supplement, change, or modify this chapter, including the Zoning Map, by proceeding in the
manner provided in this article. For the purposes of this article, an amendment also includes,
but is not necessarily limited to, a supplement, change, or modification.
A. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place
of a public hearing on the proposed amendment and cause notice thereof to be given
pursuant to the provisions of the Town Law. At least 10 days' notice of the time and
place of such hearing shall be published in the official newspaper.
B. The Town Board, before publishing notice for a public hearing, shall, in a written
request, instruct the Town Planning Board to prepare an official report regarding the
proposed amendment, including the Planning Board recommendations.
C. An amendment initiated, proposed or requested by a petitioner, other than the Town
Board or other Town agency, shall also be subject to the additional procedural
requirements set forth in subsequent sections of this article.
§ 280-158. Fees for petitions for proposed amendments.
Every petition for an amendment to this chapter or the Zoning Map shall be filed with the
Town Clerk and shall be accompanied by a fee for administrative processing as established by
a resolution of the Town Board. The fee for a petition for a change of zone to the Affordable
Housing District is set forth in § 280-29A. The petitioner shall also be responsible for
280:146 08-01-2010
§ 280-158 ZONING § 280-159
reasonable and customary professional review fees relating to environmental review of the
petition.
§ 280-159. Additional notice requirements relating to petitions for proposed
amendments.
A. In the case of a petition requesting an amendment in zoning district classification or the
Zoning Map, in addition toi the notice required by law, a written notice containing the
following information shall be sent by the petitioner, or his agent, by either certified or
registered mail, to every owner of property immediately adjacent thereto. In the event
280:146.1 08-01-2010
§ DL -1 DISPOSITION LIST § DL -1
Local Law Adoption
No.
Date
Subject
Disposition
9-2007
3-27-2007
Stormwater management
Ch. 236
10-2007
4-10-2007
Zoning amendment
Ch. 280
11-2007
4-10-2007
Zoning amendment
Ch. 280
12-2007
5-8-2007
Parking at beaches amendment; parks
Chs. 189, Art. I;
and recreation areas: use regulations and
193, Art. I; 260
restrictions amendment; vehicles and
traffic amendment
13-2007
5-22-2007
Garbage, rubbish and refuse amendment;
Chs. 233, Art. I;
zoning amendment
280
14-2007
6-5-2007
Vehicles and traffic amendment
Ch. 260
15-2007
7-17-2007
Small wind energy systems; zoning
Ch. 277, Art. I;
amendment
Ch. 280
16-2007
7-31-2007
Moratorium on wireless communication
NCM
facilities
17-2007
7-17-2007
Parking at beaches amendment
Ch. 189, Art. 1
18-2007
7-31-2007
Zoning amendment
Ch. 280
19-2007
7-31-2007
Vehicles and traffic amendment
Ch: 260
20-2007
8-30-2007
Zoning amendment
Ch. 280
21-2007
10-23-2007
Sewer rents and charges amendment
Ch. 215, Part 3
22-2007
12-4-2007
Shellfish and other marine resources
Ch. 219
amendment
23-2007
12-1.8-2007
Wetlands and shoreline amendment
Ch, 275
24-2007
12-18-2007
Tax exemption for historic properties
Ch. 245, Art. VIII
25-2007
12-18-2007
Tax exemption for Cold War veterans
Ch. 245,, Art. VII
1-2008
1-29-2008
Moratorium on wireless communication
NCM
facilities
2-2008
4-8-2008
Parking at beaches amendment
Ch. 189, Art. I
3-2008
4-22-2008
Zoning amendment
Ch. 280
4-2008
4-22-2008
Zoning amendment
Ch. 280
5-2008
5-20-2008
Moratorium on dock applications
NCM
6-2008
7-1-2008
Zoning Map amendment
NCM
7-2008
7-29-2008
Moratorium on wireless communications
NCM
facilities
8-2008
7-29-2008
Parking at beaches amendment; vehicles
Chs. 189, Art. I;
and traffic amendment
260
9-2008
8-12-2008
Subdivision of land amendment; zoning
Chs. 240; 280
amendment
10-2008
9-9-2008
Zoning amendment
Ch. 280
DL:3 08-01 - 2010
§ DL -1 SOUTHOLD CODE § DL -1
Local Law Adoption
No.
Date
Subject
Disposition
11-2008
9-9-2008
Southold Community Preservation
Ch. 17, Art. H
Project Plan amendment
12-2008
9-9-2008
Agricultural uses; farm stands repealer
Chs. 72; 135
(reference only)
13-2008
9-23-2008
Southold Community Preservation
Ch. 17, Art. II
Project Plan amendment
14-2008
10-21-2008
Zoning amendment
Ch. 280
1-2009
1-20-2009
Zoning amendment
Ch. 280
2-2009
1-20-2009
Zoning amendment
Ch. 280
3-2009
1-20-2009
Subdivision of 'land amendment
Ch. 240
4-2009
2-24-2009
Zoning amendment
Ch. 280
5-2009
3-24-2009
Southold Community Preservation
Ch. 17, Art. II
Project Plan amendment
6-2009
6-2-2009
Zoning amendment
Ch. 280
7-2009
6-2-2009
Zoning amendment
Ch. 280
8-2009
6-2-2009
Public entertainment and special events
Ch. 205
amendment
9-2009
8-11-2009
Garbage, rubbish and refuse amendment
Ch. 233, Art. I
10-2009
8-25-2009
Public entertainment and special events
Ch. 205
amendment
11-2009
9-8-2009
Flood damage prevention amendment
Ch. 148
12-2009
10-6-2009
Vehicles and traffic amendment
Ch. 260
13-2009
10-20-2009
Zoning amendment
Ch. 280
14-2009
11-4-2009
Zoning amendment
Ch. 280
15-2009
12-15-2009
Waterfront consistency review
Ch. 268
amendment
1-2010
3-23-2010.
Wetlands and shoreline amendment
Ch. 275
2-2010
6-15-2010
Zoning amendment
Ch. 280
3-2010
6-24-2010
Water supply plan map amendment
NCM
4-2010
7-13-2010
Zoning amendment
Ch. 280
DLA 08-01-2010
SOUTHOLD INDEX
DEFINITIONS NOTE: For the
AGRICULTURAL LANDS
convenience of the Code user, all
PRESERVATION
terms defined in .this Code are in-
Acquisition of development
eluded in the Index under the
rights, 70-4
heading "Definitions and Abbre-
Alienation of development rights,
viations."
70-5
Definitions, 70-3
Hearing, 70-4, 70-5
Improvement, 70-2
- A -
Open space, 70-2
Permits, 70-5
ABANDONMENT
Purpose, 70-2
Buildings, unsafe, 100-3
Sale, 70-4,70-5
Harbor management, 157-8
Severability, 70-6
Sewers and sewage disposal,
Title, 70-1
215-37,215-43
AGRICULTURAL PLANNED
Subdivision of land, 240-37
DEVELOPMENT DISTRICT
Vehicles and traffic, 260-23
Zoning, 280-170 - 280-181
Vehicles, motor -driven, 264-19
AGRICULTURAL USES
Wind energy, 277-6
Farm stands
Zoning, 280-76,280-88
Appeals, 72-11
ACCESSORY BUILDINGS AND
Area, yard and bulk regula-
STRUCTURES
tions, 72-5, 72-6
Fire prevention and building con-
Definitions, 72-6
struction, 144-8
Fane stand offerings, 72-7
Landmark preservation, 170-7
Farm stand permit required,
Wetlands and shoreline, 275-2,
72-5
275-5
Farm stand permits issued
Zoning, 2804, 280-13, 280-15,
without requirements of
280-19, 280-22, 280-104,
site plan approval, 72-6
280-107, 280-116, 280-149,
Maximum size of farm stand,
280-154
72-8
ACCESSORY USES
Off-street parking, 72-6
Zoning, 280-4, 280-13, 280-15,
Parking, 72-5, 72-6
280-17, 280-22,280-27,
Penalties for offenses, 72-12
280-35, 280-38, 280-41,
Permit, 72-12
280-45, 28048,280-52,
Setbacks, 72-6
280-55,280-58, 280-62,
Variance procedures, 72-11
280-78, 280-127, 280-172
Zoning, 72-5
ADOPTION OF RENUMBERED
Zoning Board of Appeals,
2006 CODE
72-11
General provisions, 1-14 - 1-18
General provisions
ADVERTISING
Definitions, 724
Tobacco advertising, 249-1 -
Purpose, 72-2
249-5
Statutory authorization, 72-3
Wind energy, 277-4
Title, 72-1
Zoning, 280-80, 280-81, 280-85
Variances, 72-3
AFFORDABLE HOUSING
AIR CONDITIONING
Subdivision of land, 240-10
Sewers and sewage disposal,
Zoning, 280-137
215-36
AFFORDABLE HOUSING
AIR POLLUTION
(AHD) DISTRICT
Zoning, 280-77, 280-111
Subdivision of land, 240-10,
ALARM SYSTEMS
24042
Alarm device, 75-2, 75-3, 75-6
Zoning, 280-30
Charges for false alarms, 75-6
AGE RESTRICTIONS
Definitions, 75-2
Zoning, 280-30
Disorderly conduct, 75-8
AGPDD, see AGRICULTURAL
Emergency, 75-1, 75-2, 75-5,
PLANNED DEVELOPMENT
75-6
DISTRICT
False alarms, 75-5, 75-6
AGRICULTURAL-
Fees, 75-4
CONSERVATION (A -C)
Fine, 75-8
DISTRICT (TWO -ACRE
Intentional false alarms, 75-5
MINIMUM)
Investigation, 75-1
Subdivision of land, 240-42
Penalties for offenses, 75-5, 75-6,
75-8
Permit, 75-3, 75-4
Purpose, 75-1
Rules and regulations, 75-6
Severability, 75-7
ALCOHOLIC BEVERAGES
Parks and recreation areas, 193-9
Police department rules and regu-
lations, A290-15, A290-24
Public Consumption, 79-1, 79-2
Consumption of alcoholic
beverages in public re-
stricted, 79-1
Penalties for offenses, 79-2
Vehicle, 79-1
ANCHORING
Boats, docks and wharves, 96-3,
96-7, 96-11, 96-12, 96-22,
96-23
Coastal erosion hazard areas,
111-13
Flood damage prevention,
148-14,148-16,148-18,
148-21
Harbor management, 157-4,
157-6
Wind energy, 2774
ANIMALS
Community Preservation Fund,
17-4
Dog License Fees, 83-16
Dogs, 83-6 - 83-15
Arrest warrant, 83-9
Confinement, 83-12
Disposition, 83-12
Enforcement, 83-7
Filing of complaints, 83-8
Fine, 83-13
Hunting, 83-6
Impoundment, 83-11, 83-12
Leash, 83-6
Penalties for offenses, 83-13
Permit, 83-6, 83-9
Prohibited activities, 83-6
Redemption, 83-12
Seeing Eye dogs, 83-10
Seizure of dogs at large, 83-11
Severability, 83-14
Summons, 83-9
When effective, 83-15
Ducks, 83-1 - 83-5
Deposit of waste matter in
Town waters prohibited,
83-4
Keeping of ducks for private
use, 83-2
Penalties for offenses, 83-5
Permit, 83-1, 83-3, 83-4
Water, 83-3, 834
Harbor management, 157-11
Parks and recreation areas, 193-2,
193-9
Sewers and sewage disposal,
215-37,215-38
Subdivision of land, 240-44
Waterfront consistency review,
268-3
Zoning, 280-13, 280-17,280-58,
280-62, 280-78, 280-85,
280-98, 280-99, 280-111
08-01-2010
ANTENNAS
Wireless Communication Facili-
ties, 280-76.1
Zoning, 280-68, 280-70, 280-72,
280-73,280-76, 280-76.2
APARTMENTS
Zoning, 280-4, 280-13, 280-22,
280-27, 280-38,280-45,
280-48, 280-78
APPEALS
Agricultural uses, 72-11
Coastal erosion hazard areas,
111-24 - 111-26
Community Preservation Fund,
17-34
Ethics, 26-13
Expenses of town officers, 30-1
Flood damage prevention, 148-4,
148-22
Landmark preservation, 170-11
Records, 59-8, 59-10
Subdivision of land, 240-10,
240-45,240-57
Waterfront consistency review,
2684,268-5
Zoning, 280-4, 280-9, 280-13,
280-17, 280-22,280-28,
280-31, 280-35, 280-38,
280-41, 280-45, 280-48,
280-52,280-55, 280-58,
280-62,280-78, 280-79,
280-81,280-86,280-92,
280-100, 280-121, 280-130,
280-131, 280-137, 280-140 -
280-142, 280-144 - 280-150,
280-154
APPEARANCE TICKETS
Appearance tickets, 5-1 - 5-3
Certain public servants authorized
to issue appearance tickets,
5-2
Dogs, 5-2
Parking; 5-2, 5-3
Purpose, 5-1
Safety, 5-2
Sanitation, 5-2
Service of appearance tickets, 5-3
Signs, 5-2
Vehicles, 5-2
AREA, YARD AND BULK
REGULATIONS
Agricultural uses, 72-5, 72-6,
72-8
Community Preservation Fund,
17-13
Zoning, 280-137
ASBESTOS
Sewers and sewage disposal,
215-43
ASHES
Parks and recreation areas, 193-2
Sewers and sewage disposal,
215-38
ASSESSMENTS
Buildings, unsafe, 100-5, 100-9
Coastal erosion hazard areas,
111-10
SOUTHOLD INDEX
Development rights, transfer of,
117-7
Ethics, 26-13
General provisions, IA
Littering, 174-5
Public hearings, notice of, 55-1
Sewers and sewage disposal,
215-5,215-33,215-50,
215-52
Soil removal, 228-6
Subdivision of land, 240-7,
240-44
Taxation, 245-4,245-8, 245-9,
245-11, 245-12
Waterfront consistency review,
268-3, 268-5
Wetlands and shoreline, 275-4,
275-6
Zoning, 28045, 280-88,280-92,
280-133,280-159
ASSESSORS
Election, 9-1, 9-2
Approval by referendum, 9-2
Continuation as elective office,
9-1
Number, 9-3 - 9-5
Amendment of Session Laws,
9-3
Approval by referendum, 9-5
Conditions as to effectiveness,
9-4
_B_
BACKFILLING
Streets and sidewalks, 237-13
Subdivision of land, 240-36
Wetlands and shoreline, 275-11
BARRICADES
Buildings, unsafe, 100-8
Sewers and sewage disposal,
215-43
Streets and sidewalks, 237-12,
237-13
Wetlands and shoreline, 275-11
BATTERIES
Junkyards, 166-1
BAY CONSTABLE
Powers and duties, 219-23,
275-12.1,275-15
Shellfish and other marine re-
sources, 219-23
Wetlands and shoreline, 275-12.1,
275-15
BED -AND -BREAKFAST
Zoning, 280-13, 280-52, 280-55
BICYCLES
Applicability, 88-8
Carrying children, 88-5
Coasting, 88-5
Cutouts prohibited, 88-4
General provisions, 1-2
Light required, 88-1
Operation of bicycle, 88-3
Parks, 88-1 - 88-3, 88-5
Penalties for offenses, 88-7
2
Use of bell or whistle as alarm,
88-2
Use of sidewalks, 88-6
Vehicles, 88-1 - 88-6
Zoning, 280-137
BINGO AND GAMES OF
CHANCE
Bingo, 92-1 - 92-11
Bingo permitted, 92-2
Leased premises, 92-4
License, 92-2, 92-3
Management and operation,
92-9
Maximum value of all prizes
on one occasion, 92-8
Maximum value of single
prize, 92-7
Penalties for offenses, 92-11
Purchase of bingo equipment,
92-5
Purpose,92-1
Remuneration prohibited,
92-10
Use of proceeds, 92-6
Games of Chance, 92-12 - 92-15
Approval by electors, 92-15
Definitions, 92-12
Games of chance authorized,
92-13
License, 92-13, 92-14
Restrictions, 92-14
BLOCK
Fire prevention and building con-
struction, 144-8
Flood damage prevention, 148-21
Subdivision of land, 240-10,
240-17,240-21, 240-45
Wind energy, 277-2
Zoning, 280-4, 280-116, 280-133
BLUE CLAW CRABS
Shellfish and other marine re-
sources, 219-11
BOATS, DOCKS AND
WHARVES
Administration and Enforcement,
96-30 - 96-33
Compliance required, 96-33
Enforcing officer, 96-30
Fine, 96-33
Hearing, 96-31, 96-32
Meeting, 96-32
Notice of violation, 96-31,
96-32
Notices, 96-31 - 96-33
Penalties for offenses, 96-33
Permit, 96-31 - 96-33
Anchoring, 96-7, 96-11, 96-12,
96-22, 96-23
Applicability, 96-6
Aquatic events, 96-18
Bathing and swimming, 96-19
Boats, 96-6 - 96-25
Definitions, 96-7
Disabled, 96-10
Drug, 96-15
Dumping, 96-8
Emergency, 96-17
Equipment, 96-14
08-01-2010
SOUTHOLD INDEX
Explosive, 96-16
Storage, 96-10, 96-25
Fire prevention and building con -
Floating Homes, 96-26 - 96-29
Towing, 96-12
struction, 144-3, 144-11,
Definitions, 96-27
Unnavigable boats, 96-10
144-12,144-17
Emergency, 96-26
Vehicle, 96-9, 96-24
Landmark preservation, 170-5,
Legislative findings, 96-26
Water, 96-12,96-16
170-6
Permit, 96-28
Water-skiers, 96-12
Sewers and sewage disposal,
Pollution, 96-26
Zoning, 280-137
215AI
Prohibited acts, 96-28
BOND '
Streets and sidewalks, 237-25,
Recreation areas, 96-26
Coastal erosion hazard areas,
237-26
Safety, 96-26
111-15; 1-11-27, 111-28
Subdivision of land, 240-10,
Severability, 96-29
General provisions, I-4
240-25
Storage, 96-26
Highway specifications, 161-46,
Wind energy, 277-3,277-6
Water, 96-26
161-49
Zoning, 280-8 - 280-10, 280-31,
Water pollution, 96-26
Housing fund, 34-4
280-70,280-71,280-74,
Fuel, 96-16
Sewers and sewage disposal,
280-114,.280-121, 280-124,
Garbage, 96-8
21542
280-125, 280-127, 280-130,
Gas, 96-17
Soil removal, 228-8, 228-9
280-134,280-140, 280-151 -
Gases, 96-16
Streets and sidewalks, 237-9,
280-153, 280-180
Hazards to navigation, 96-10
237-18
BUILDINGS, UNSAFE
Hunt, 96-20
Subdivision of land, 240-3, 240-7,
Abandonment, 100-3
Inspection, 96-24
240-20,240-23, 240-25,
Assessment, 100-5, 100-9
Internal-combustion engines,
240-30 - 240-35, 240-37,
Barricades, 100-8
96-17
240-45
Building Inspector, 100 -4 -
Liable, 96-10, 96-25
Wetlands and shoreline, 275-9
100-6, 100-8, 100-9
Lien, 96-10,96-25
Zoning, 280-137
Costs and expenses, 100-9
Lighting, 96-14
BRUSH, GRASS AND WEEDS
Demolition, 100-3, 100-8, 100-9
Manner of operation, 96-13
Burning, outdoor, 104-1,104-2
Emergency, 100-3, 100-4, 100-8
Mattituck Creek, 96-23
Highway specifications, 161-16,
Emergency measures to vacate,
Mooring and anchoring, 96-22
161-30
100-8
Mooring permits, 96-24
Solid waste, 233-4
Fine, 100-10
Mooring without a permit, 96-25
Tourist and trailer camps, 253-5
Hearing, 100-6
Mufflers, 96-17
BUFFERS
Inspection, 100-4, 100-8
Noise, 96-17
Coastal erosion hazard areas,
Liability, 100-10
Notice, 96-10, 96-13, 96-25
111-12
Lien, 100-9
Obstruction and Use of Town
Stormwater management, 236-13
Notices, 100-5 -100-8, 100-10
Waters, 96-1 - 96-3
Subdivision of land, 240-3,
Penalties for offenses, 100-10
Anchoring, 96-3
240-17, 240-21, 240-42,
Permit, 100-3, 100-4
Issuance of permits by Board
240-43,240-49
Purpose, 100-2
of Trustees, 96-3
Wetlands and shoreline, 275-2,
Record, 100-7
Permit, 96-1, 96-3
275-5, 275-7, 275-11
Report, 100-4
Restricted areas at end of
Zoning, 280-92, 280-94 - 280-96,
Safety, 100-2, 100-3
Town highways, 96-2
280-118,280-137, 280-143
Service of notice, 100-5
Operation of boats near beaches
BUILDING INSPECTOR
Severability, 100-11
and bathers, 96-11
Buildings, unsafe, 100-4 - 100-6,
Title, 100-1
Operators, 96-15
100-8, 100-9
Unsafe buildings, 100-1, 100-3
Parade, 96-16
Development rights, transfer of,
Unsafe buildings and premises
Parks, 96-15
117-7
prohibited, 100-3
Permit, 96-15, 96-18, 96-20,
Electrical inspections, 126-3
Vehicles, 100-3, 100-4
96-24, 96-25
Filming, 139-8
When effective, 100-12
Public Docks, 96-4, 96-5
Flood damage prevention, 148-11
BURNING
Definitions, 964
Powers and duties, 280-151
Burning, outdoor, 104-1, 104-2
Monopolization of docks,
Soil removal, 228-4
Fire prevention and building con -
bulkheads and landing
Streets and sidewalks, 237-28
struction, 144-8
places prohibited, 96-5
Waterfront consistency review,
General provisions, 1-2
Ramps, 96-9
268-6
Junkyards, 166-3, 166-7
Record, 96-10, 96-25
Wind energy, 277-7
BURNING, OUTDOOR
Registration, 96-10, 96-24
Zoning, 280-6,280-8,280-13,
Agreement with Fire District,
Regulation of personal watercraft
280-31, 280-81, 280-85,
104-1
and specialty prop -craft,
280-88, 280-92,280-109,
Brush, 104-1, 104-2
96-16
280-127, 280-130, 280-131,
Burning, 104-1,104-2
Safety, 96-14, 96-15
280-146, 280-151 -280-155
Exclusions, 104-4
Sale, 96-10,96-25
BUILDING PERMITS
Fine, 104-5
Sanitary regulations, 96-8
Development rights, transfer of,
Fires, 104-1-104-3
Scuba diving, 96-20
117-8
Grass, 104-1, 104-2
Short title, 96-6
Electrical inspections, 126-3
Grass fires, 104-2
Signs, 96-23, 96-24
Ethics, 26-21
Penalties for offenses, 104-5
Spearfishing, 96-21
Permit, 104-1, 104-2
Speed limits, 96-13
Supervision of fires, 104-3
3
08-01-2010
SOUTHOLD INDEX
BUS STOPS
Conflicts, 111-31
Traffic control, 111-16
Vehicles and traffic, 260-21,
Environmental review, 111-33
Vehicles, I 11-16
260-27
Fine, 111-34
Water, 111-7, 111-10, 111-13,
Hearing, 111-27
111-14
Inspections, 111-29
Well, 111-13
— C —
Interpretation, 111-30
Wildlife, 111-12 —111-15
CATWALKS
Notice of violations, 111-29
Variances and Appeals, 111-20—
Wetlands and shoreline, 275-11
Penalties for offenses, 111-34
111-26
CEMETERIES
Permit, 111-27, 111-28,
Coastal Erosion Hazard Board
Zoning, 280-13
111-31
of Review, 111-24
CERTIFICATES OF APPROVAL
Powers and duties of Adminis-
Expiration, 111-23
Subdivision of land, 240-21
trator, 111-29
Fees, 111-22
CERTIFICATES OF COMPLI-
Records, 111-29
Format and procedure, 111-21
ANCE
Reports, 111-27, 111-29
Hearing, 111-23
Electrical inspections, 126-3
Severability, 111-32
Notice, 111-25
Flood damage prevention, 148-14
Sign, 111-29
Variances from standards and
Wetlands and shoreline, 275-10,
Variances, 1 ] 1-27
restrictions, 111-20
275-13
Water, 111-29
CODE ENFORCEMENT OFFI-
Zoning, 280-4, 280-13
Amendments, 111-35,111-36
CER
CERTIFICATES OF INSUR-
Certification, 111-36
Powers and duties, 275-12.1
ANCE
Hearing, 111-35
Wetlands and shoreline, 275-12.1
Filming, 139-3,139-11
Newspaper, 111-35
Wind energy, 277-7
CERTIFICATES OF OCCU-
Notice, 111-35
COLD WAR VETERANS' TAX
PANCY
Procedure, 111-35
EXEMPTION
Development rights, transfer of,
Report, 111-35
Taxation, 245-17, 245-18
117-11
Emergency Activities, 111-17 —
COMBUSTIBLE
Electrical inspections, 126-3
111-19
Junkyards, 1664, 166-7
Ethics, 26-21
Applicability, I I 1-17
Soil removal, 228-7
Fire prevention and building con-
Emergency, I I 1-17 —111-19
COMMERCIAL VEHICLES
struction, 144-15 —144-18
Improper or insufficient notifi-
Solid waste, 233-1, 2334
Stormwater management, 236-16
cation, 111-19
Zoning, 280-78, 280-110
Streets and sidewalks, 237-25
Notification, I I1-18, 111-19
COMMITTEES, APPOINT -
Subdivision of land, 240A9
Permit, 111-19
MENT OF
Zoning, 2804,280-10,280-13,
Safety, 111-17,111-18
Committee members, 13-2
280-31, 280-33, 280-85,
General Provisions, 111-1—
Duties, 13-3
280-112,280-130,280-151,
111-6
Effect on statutory provisions,
280-154
Definitions, 111-6
13-5
CESSPOOLS
Enactment, I l ]-1
Establishment of committees,
Sewers and sewage disposal,
Findings, 111-5
Grading, 111-6
13-1
Expenses, 13-4
215-2, 2154, 215-5, 215-7,
Purpose, 111-4
Meeting, 13-3
215-8,215-11,215-12,
Title, 111-2
Minutes, 13-3
215-19,215-21,215-22,
215-27,215-28,215-37,
Water, 111-5, 111-6
When effective, 13-6
215-39
Well, 111-4, 111-5
COMMUNICABLE DISEASES
Soil removal, 228-4
When effective, 111-3
Police department rules and regu-
Wetlands and shoreline, 275-3,
Wildlife, 111-6
lations, A290-45
275-5
Regulations, 111-7 — 111-16
Tourist and trailer camps, 253-14
CHURCH
Anchored, 111-13
Zoning, 280-13
Sewers and sewage disposal,
Assessment, 111-10
COMMUNITY PRESERVATION
21541
Beach area, 111-12
FUND
Streets and sidewalks, 237-20
Bluff area, 111-14
Community Preservation Fund
Vehicles and traffic, 260-17
Bond, 111-15
Advisory Board, 17-16—
Zoning, 280-38,28048,280-143
Buffer, 111-12
Drainage, 111-14
17-18
Community Preservation Fund
CLAMS
Shellfish and other marine re-
Dune area, 111-13
Advisory Board estab-
sources, 219-9
Erosion protection structures,
lished, 17-16
CLUSTER DEVELOPMENT
111-15
Establishment, 111-7
Membership, 17-16
Purpose, 17-16
Subdivision of land, 240-10,
Excavation, 111-10
Severability, 17-17
24042 — 240145
Fine, 111-11
When effective, 17-18
Zoning, 280-137
Gas, 111-10
Southold Community Preserva-
COASTAL EROSION HAZARD
Grade, 111-10 — 111-13
tion Fund, 17-1 —17-11
AREAS
Administration and Enforcement,
Nearshore area, 1 I 1-11
Acquisition of interests in
111-27— 111-34
Obstructions, 111-11, 111-13
ro e 17-7
property,
Bond, 111-27, 111-28
Open space, I I 1-13
Alienation of land acquired us -
nma
Coastal erosion management
Permit, 111-8 —111-15
ing fund moneys, 17-9
permit, 111-27
Record, 111-10
Animal, 17-4
Structural hazard area, 111-10
Definitions, 17-4
4 08-01-2010
Easement, 17-9
Effective date, 17-11
Findings, 17-2
Hearing, 17-7
Improvements, 17-8
Legislative purpose, 17-3
Management of lands acquired
pursuant to chapter, 17-8
Open space, 174, 17-8, 17-9
Parking, 17-8
Parks, 174
Public hearing and other re-
quirements, 17-7
Purposes of fund, 17-6
Sale, 17-9
Severability, 17-10
Southold Community Preser-
vation Fund established,
17-5
Title, 17-1
Water, 17-8
Wildlife, 17-4, 17-8
Southold Community Preserva-
tion Project Plan, 17-12 -
17-15
Area, yard and bulk regula-
tions, 17-13
Community Preservation Fund
Management and Stew-
ardship Plan adopted,
17-13.1
Community preservation pro-
ject plan adopted, 17-13
Legislative findings, 17-12
Meeting, 17-13
Open space, 17-12
Purpose, 17-12
Severability, 17-14
Wetlands, 17-13
When effective; 17-15
Two -Percent Real Estate Transfer
Tax, 17-19 -17-40
Additional exemptions, 17-25
Appeal, 17-34
Applicability, 17-21
Apportionment of considera-
tion subject to tax for
property located only
partly within Town, 17-33
Confidentiality, 17-37
Confidentiality of transfer tax
returns, 17-37
Cooperative housing corpora-
tion transfers, 17-27
Credit, 17-26
Definitions, 17-20
Deposit and disposition of
revenue, 17-31
Designation of agent by
County Treasurer, 17-28
Determination of tax, 17-34
Easement, 17-24
Effective date, 17-40
Exemptions from tax, 17-24
Filing of return, 17-22
Hearing, 17-34
Imposition of tax, 17-21
Inspection, 17-37
SOUTHOLDINDEX
Insurance, 17-32, 17-34
Interest and civil penalties,
17-36
Intergovernmental agreement
authority, 17-38
Judicial review, 17-32
Legislative findings, 17-19
Liability, 17-23, 17-29, 17-31,
17-34,17-35
Liens, 17-27, 17-35
Natural features, 17-19
Notice, 17-32, 17-34
Open space, 17-24
Parks, 17-24
Payment of tax, 17-22
Penalty, 17-35, 17-36
Petition to Town Supervisor,
17-34
Proceedings to recover tax
due, 17-35
Purpose, 17-19
Records, 17-22, 17-34, 17-35
Referendum requirement,
17-40
Refunds, 17-30
Report, 17-34
Sale, 17-24
Severability, 17-39
Use of tax, 17-21
COMMUNITY PRESERVATION
FUND MANAGEMENT AND
STEWARDSHIP PLAN
Community Preservation Fund,
17-13.1
COMPREHENSIVE PLAN
Flood damage prevention, 148-22
Soil removal, 228-6
Subdivision of land, 240-3, 2404,
240-10,240-11, 240-19,
240-42,240-43,240-53
Zoning, 280-29
CONFIDENTIALITY
Community Preservation Fund,
17-37
Police department rules and regu-
lations, A29041
CONFLICTS OF INTEREST
Ethics, 26-3
CONSTRUCTION
Subdivision of land, 240-10
CONSTRUCTION PERMITS
Sewers and sewage disposal,
215-16
CONSTRUCTION STANDARDS
Wind energy, 2774
CONTAGIOUS DISEASES
Peddlers, solicitors and transient
retail merchants, 197-6
CONVENIENCE STORES
Zoning, 28045, 280-48
COSTS AND EXPENSES
Subdivision of land, 240-10
Wetlands and shoreline, 275-11
Wind energy, 277-6
Zoning, 280-76.2,280-177
COUNTY CLERK
Zoning, 280-175
5
CROSSWALKS
Subdivision of land, 240-3
CURB
Highway specifications, 161-4,
161-34, 161-38, 161-41,
16145,161-46
Police department rules and regu-
lations, A290-37, A290-38
Streets and sidewalks, 237-16
Subdivision of land, 240-17,
240-21,240-45
Vehicles and traffic, 260-27
Zoning, 280-4,280-55,280-78,
280-92,280-131,280-133,
280-137
-D-
DEFENSE AND INDEMNIFICA-
TION
Adoption of statutory provisions,
21-1
Town to provide defense for em-
ployees, 21-2
DEFINITIONS AND ABBRE-
VIATIONS
Access, 280-4
Accessory apartment, 280-4
Accessory building or structure,
280-4
Accessory structure, 275-2
Accessory use, 280-4
Access path, 275-2
Acquisition, 185-3
Actions, 268-3
Active duty, 245-17
Adaptive reuse, 170-3
Addition, 280-4
Administrative permit, 275-2
Administrator, 111-6
Advisory board, 17-4
Aesthetics, 275-2
Agency, 268-3
Agricultural debris, 233-1
Agricultural lands, 70-3
Agricultural production, 70-3,
7214
Agricultural uses, 72-4
Agriculture, 236-4, 240-3, 275-2,
280-4
Agriculture reserve area, 240-3
Alarm installation, 75-2
Alienation, 70-3, 185-3
Alteration, 170-3, 280-4
Antenna, 280-69
Antenna support structure, 280-69
Apartment, 280-4
Apartment house, 280-4
Appeal, 1484
Appear and appear before, 26-2
Applicant, 240-3, 275-2,280-4
Application, 275-2
Application for development,
280-4
Aquaculture, 275-2
Aquaculture/mariculture, 219-4
Archives, 59-13
08-01-2010
SOUTHOLD INDEX
Area of shallow flooding, 148-4
Child-care center, 249-2
Court, inner, 280-4
Area of special flood hazard,
Chlorine demand, 215-36
Court, outer, 280-4
148-4
Churning, 219-4
Court, width of outer, 280-4
Armed forces, 245-17
Cigarette, 249-2
Crawl space, 148-4
As -built plans, 275-2
Cigarette tobacco, 249-2
Creeks, 275-2
Asset, 280-25
Clean fill, 2364
Critical environmental areas,
ASTM, 215-36
Clearing, 240-3, 275-2
275-2
Attendant, 233-1
Clerk, 275-2
Crops, livestock and livestock
Authorized private receptacle,
Clerk of the Planning Board,
products, 280-98
174-1
240-3
Crosswalk, 240-3
Auto, 166-2
Club, beach, 2804
Cul-de-sac, 280-4
Automobile sales lot or building,
Club, membership or country or
Cul-de-sac (court), 240-3
280-4
golf, 280-4
Culling, 219-4
Automobile trailer or house car,
Club, yacht, 280-4
Cultural features, 240-3
253-1
Cluster, 240-3, 280-4
Curb cut, 280-4
Auto repair shop, 280-4
Coastal area, 268-3
Curb level, 2804
Base flood, 1484
Coastal assessment form (caf),
Curbline, 260-1
Basement, 148-4, 280-4
268-3
Customer or client, 26-2
Base station equipment, 280-69
Coastal erosion hazard area map,
Custom workshop, 280-4
Bay, 275-2
111-6
Days, 47-1
Beach, 111-6, 275-2
Coastal erosion hazard line, 275-2
Debris line, 111-6
Bed -and -breakfast, 280-4
Coastal high -hazard area, 148-4
Dee, 215-36
Berm, 280-4
Coastal waters, 111-6
Deck, 275-2, 280-4
Best -management practice, 236-4
Coastline, 111-6
Decking, 275-2
Billboard, 280-4
COD (denoting chemical oxygen
Dedication, 280-4
Block, 280-4
demand), 215-36
Demolition, 170-3
Bluff, 111-6, 275-2
Cold War veteran, 245-17
Department, 47-1, A29046
Bluff line, 275-2
Co -location, 280-69
Development, 148-4,2364
Board, 215-2, 275-2
Combined sewer, 215-36
Development right, 70-3, 185-3
Boarding- and tourist houses,
Commercial agriculture, 275-2
Development rights, 117-2,
2804
Commercial dock, 275-2
280-171
Board of appeals, 2804
Commercial purposes, 219-4
Dial alarm, 75-2
Board or Department of Public
Commercial self -haulers, 233-1
Direct actions, 268-3
Health, 253-1
Commercial vehicles, 233-1
Direct alarm, 75-2
Boats, 96-7
Commission, 64-3
Discharge, 236-4
Boat/vessel, 219-4, 275-2
Committee, 70-3, 185-3
District, 215-2, 215-36
BOD (denoting "biochemical
Common driveway, 240-3
Dock, 275-2
oxygen demand"), 215-36
Common open space, 280-4
Dock length, 275-2
Body fluids, A290-45
Communicable disease, A290-45
Domestic or sanitary sewage,
Bowriding, 96-7
Community preservation, 17-4
215-36
Breakaway wall, 148-4
Community preservation project
Drainage right-of-way, 240-3
Breezeway, 280-4
plan, 174
Drainage systems, 2364
Buffer, 2804
Complainant, A290-36
Drain field, 215-2
Buffer area, 240-3, 275-2
Comprehensive plan, 240-3
Drain layer or licensed drain
Buildable area, 280-4
Condominium, 280-4
layer, 215-36
Buildable lands, 240-3,280-4
Conservation, 240-3, 275-2
Dune, 111-6, 275-2
Building, 148-4, 280-4
Conservation areas, primary,
Dwelling, 249-2
Building area, 280-4
240-3
Dwelling, multiple, 280-4
Building connection Iateral,
Conservation areas, secondary,
Dwelling, one -family, 2804
215-36
240-3
Dwelling, row or attached, 2804
Building drain, 215-36
Conservation easement, 240-3
Dwelling, semidetached, 2804
Building Inspector, 236-4
Conservation subdivision, 240-3
Dwelling, two-family, 280-4
Building line, 280-4
Consideration, 17-20
Dwelling unit, 280-4
Building or house sewer, 215-36
Consistent, 268-3
Easement, 215-2,240-3, 280-4
Building permit, 144-3
Construction, 236-4
Eel, 219-4
Bulkhead, 275-2, 280-4
Construction and demolition (c
Elevated building, 148-4
Camp cottage, 253-1
& d) debris, 233-1,
Emergency alarm, 75-2
Campsite, 253-20
275-2
Employee, 47-1
Cans, 233-1
Consumer price index, 280-25
Energy Code, 144-3
Carter, 215-2
Containment, 219-4
Engineer, 240-3
Catwalk, 275-2
Continuing care facility, 280-4
Environment, 268-3
Cellar, 148-4, 280-4
Controlling interest, 17-20
Equipment shelter, 280-69
Central alarm station, 75-2
Convenience store, 280-4
Erosion, 111-6, 236-4
Certificate of compliance, 280-4
Conveyance, 17-20,280-25
Erosion control, 275-2
Certificate of occupancy, 280-4
Cooling water, 215-36
Erosion hazard area, 111-6
Cesspool, 215-2
Cooperative, 280-4
Erosion protection structure,
Channel system, 96-7,219-4
Corrugated cardboard, 233-I
111-6
Child care, 2804
Court, depth of outer, 2804
6
08-01-2010
SOUTHOLD INDEX
Erosion, sedimentation and
Gabion, 275-2
Jetty, 275-2
stormwater runoff control
Garage, private, 280-4
Junkyard, 280-4
plan, 236-4
Garage, public, 280-4
Landmark designation; 280-4
Excavation, 236-4
Garage, repair, 2804
Landscaped buffer, 268-3
Existing manufactured home park
Garbage, 174-1, 215-36
Landscaping, 2804
or subdivision, 1484
Gasoline service station, 2804
Landward, 275-2
Existing resource and site analy-
Gift and financial benefit, 26-2
Latest class ratio, 245-17
sis plan (ersap), 240-3
Glass, 233-I
Latest state equalization rate,
Existing structure, 111-6
Gold star parent, 245-15
245-17
Expansion to an existing manu-
Golf course, standard regulation,
Lattice antenna support structure,
factured home park or subdi-
280-4
280-69
vision, 148-4
Grading, 111-6, 2364, 240-3
Laws and ordinances, A29046
Facade, 170-3
Grantee, 17-20
Licensing authority, 75-2
Fall zone, 280-69
Grantor, 17-20
Life care community, 2804
False emergency alarm, 75-2
Greenhouse, 2804
Light industrial uses, 280-4
Family, 280-4
Grievance, 47-1
Light industry, 280-4
Family/household, A290-36
Grocery store, 280-4
Litter, 174-1
Family member, 280-4
Groin, 275-2
Living area, 280-4
Family offense, A290-36
Ground floor, 280-4
Loading berth, 280-4
Farm, 2804
Ground -mounted, 280-69
Local administrator, 1484 -
Farm buildings, 280-4
Guest, 219-4
Local waterfront revitalization
Farm stand, 72-4, 280-4
Guest unit, 280A
program or Iwrp, 268-3
Federal emergency management
Guyed antenna support structure,
Lot, 240-3, 280-4
agency, 148-4
280-69
Lot area, 280-4
Fence, 280-4
Habitable floor area, 280-4
Lot, comer, 2804
Filling, 236-4
Habitat, 275-2
Lot coverage, 280-4
Final plat, 240-3
Habitat fragmentation, 275-2
Lot depth, 280-4
Final plat approval, 240-3
Handbill, 174-1
Lot, interior, 2804
Fire departments, 75-2
Harvesting, 275-2
Lot line, 280-4
Fire or police alarm device, 75-2
Head of household, 280-25
Lot line, front, 280-4
Fish processing, 280-4
Health care facility, 2804
Lot line modification, 240-3
Fixed dock, 275-2
Height, 280-69
Lot line, rear, 280-4
Fixed gear, 219-4
Height of accessory building,
Lot line, side, 280-4
Flat or mansard roof, 280-4
280-4
Lot, rear or flag, 280-4
Flea market, 280-4
Height of building, 280-4
Lot, through, 280-4
Floating dock, 275-2
Highest adjacent grade, 1484
Lot width, 280-4
Floating home, 96-27
Highway, 237-5
Lower- and moderate -cost hous-
Floating home marina, 96-27
Historic, 170-3
ing, 280-4
Flood boundary and floodway
Historical society, 280-4
Lowest floor, 1484
map (fbfm), 148-4
Historic building, 280-4
Low -profile jetties, 275-2
Flood elevation study, 148-4
Historic significance, 64-3
Low -sill bulkhead, 275-2
Flood hazard area, 280A
Historic structure, 148-4
Main floor, 280-4
Flood hazard boundary map
Holidays, 260-1
Maintenance dredging, 275-2
(fhbm), 1484
Home business office, 280-4
Major addition, 111-6
Flood insurance rate map (firm),
Home occupation, 280-4
Man-made pond, 275-2
148-4
Homeowners' or homes associa-
Manufactured home, 148-4
Flood insurance study, 148-4
tion, 275-2, 280-4
Manufactured home park or sub -
Flood or flooding, 1484
Home professional office, 280-4
division, 148-4
Floodplain, 2804
Horticulture, 275-2
Manufacturing, 280-4
Floodplain or flood -prone area,
Hotel or motel, resort, 280-4
Map, 237-23
148-4,240-3
Hotel or motel, transient, 280-4
Marina, 96-27, 275-2
Floodproofing, 148-4
Household, 280-25
Marina or boat basin, 2804
Floodway, 1484
Housing, 34-3
Marine resources, 219-4
Floor area, 28014
Illegal dumping, 233-1
Master plan, 280-4
Floor area, livable, 280-4
Illicit discharges, 236-4
Material, 275-2
Floor area ratio, 280-4
Immediate family member, 26-2
Mean high water (mhw), 275-2,
Flush -mounted, 280-69
Immediate project area, 275-2
2804
Food catering facility, 2804
Immediate supervisor, 47-I
Mean low water, 111-6
Food processing facility, 280-4
Impervious surface, 236-4, 275-2
Mean low water (mlw), 275-2
Fraternal organization, 280-4
Income eligible individu-
Mean sea level, 148-4
Frontage, 2804
als/families, 34-3
Member, A29046
Front or frontage, 237-23
Indoor dog and cat care facility,
Minor actions, 268-3
Functional, 275-2
2804
Mobile home, 148-4
Functional bulkhead, 275-2
Industrial sewage or wastes,
Moderate -income family, 280-25
Functional jetty/groin, 275-2
215-36
Moderate -income family dwelling
Functionally dependent use,
Interest in real property, 17-20
unit, 280-25
148-4
Interior -mounted, 280-69
Moderate -income family unim-
Fund, 17-4, 17-20,34-3
Intrusion, 75-2
proved lot, 280-25
7
08-01-2010
SOUTHOLD INDEX
Modification, 280-69
Owner, 237-23, 2804
Radio frequency (RF) profes-
Monopole, 280-69
Park, 174-1, 249-2
sional, 280-69
Monopolize, 96-4, 275-2
Park and recreation fee, 240-3
Radio frequency (RF) signal,
Mooring, 275-2
Park dedication, 240-3
280-69
Motel, resort, 28011
Parking lot, 280-4
Real property, 17-20
Motel, transient, 280-4
Partial self-service gasoline ser-
Receding edge, 111-6
Mount, 280-69
vice station, 280-4
Receiving district, 117-2
Movable structure, 111-6
Patent lands, 219-4, 275-2
Recession rate, 111-6
Multiple dwelling, 249-2
Patio, 280-4
Recording officer, 17-20
Multiple dwelling unit, 249-2
Peak lunar tides, 275-2
Records, 59-13
Municipal permit, 236-4
Peddler, 197-2
Records center, 59-13
National geodetic vertical datum
Performance bond, 240-3
Records disposition, 59-13
(ngvd)", 1484
Performance guaranty, 280-4
Records management, 59-13
Natural buffer, 240-3
Period of war, 245-15
Recreation, active, 240-3
Natural drainage, 236-4
Permanent fixed improvement,
Recreational areas, 193-1
Natural features, resources or sys-
280-25
Recreational facilities, 280-4
tems, 240-3
Permanent mooring, 96-7
Recreational vehicle, 148-4,
Natural outlet, 215-36
Permanent resident, 2194
253-20, 280-4
Natural protective feature, 111-6,
Permit holder, 144-3
Recreational vehicle park, 253-20
236-4,268-3
Person, 17-20,26-2, 96-4, 96-27,
Recreational vehicle site, 253-20
Natural protective feature area,
111-6,144-3, 166-2, 174-1,
Recreation facility, commercial,
111-6
197-2, 215-2, 215-36, 233-1,
2804
Natural vegetated buffer, 268-3
237-5, 249-2, 275-2, 2804
Recreation, passive, 240-3
Natural watershed, 236-4
Personal watercraft, 96-7
Recyclable, mandated, 233-1
Nearshore area, 111-6
Pervious nonturf buffer, 268-3
Recyclable, other, 233-1
Net worth, 280-25
pH, 215-36
Recyclable wood, 233-1
New construction, 148-4
Pier, 275-2
Refuse, 174-1, 233-1
New manufactured home park or
Pier line, 275-2
Regulated activity, 111-6
subdivision, 1484
Planning board, 280-4
Regulation equipment, A29046
Newspaper, 174-1,233-1
Planning board or board, 240-3
Regulatory floodway, 148-4
New York Scenic Byway (North
Plastics, 233-1
Relative, 26-2
Fork Trail), 268-3
Plat, 280-4
Removal, 170-3
Nonconforming building or struc-
Platform, 275-2
Rental permit, 280-4
ture, 280-4
Police headquarters, 75-2
Research laboratory, 280-4
Nonconforming lot, 28011
Pond, 275-2
Residential, 275-2
Nonconforming use, 2804
Preexisting nonpermitted and/or
Residential cluster, 280-4
Nondisturbance buffer, 275-2
nonconforming structures,
Residential dock, 275-2
Nonfertilizer, 275-2
275-2
Residential horticulture, 275-2
Nonrecyclable waste, 233-1
Preliminary plat, 240-3
Residential self -haulers, 233-1
Nonresident, 219-4
Preservation, 240-3
Resource buffer area, 275-2
Nonturf buffer, 275-2
Primary dune, 111-6
Responsible party, 236-4
Normal maintenance, 111-6
Primary frontal dune, 1484
Restaurant, 2804
NPDES, 215-36
Primary residence, 280-25
Restaurant, formula food, 280-4
Nuisance wildlife, 268-3
Principal building, 280-4
Restaurant, take-out, 280-4
Nursery school, 280-4
Principally above ground, 14811
Restoration, 111-6
Off duty, A29046
Principal use, 2804
Resubdivision, 240-3
Officer, A29046
Priority water body, 268-3
Retail sales area, 724
Official map, 240-3
Private dwelling, 249-2
Retail store, 280-4
Official time standard, 260-1
Private premises, 174-1
Retaining wall, 275-2, 2804
Off -premises sign, 280-4
Private warehousing, 2804
Revetment, 275-2
Off-street parking space, 280-4
Proactive restoration, 275-2
Right-of-way lines, 280-4
On duty, A29046
Probable cause, A290-36
Riprap, 275-2
One -hundred -year flood, 148-4
Processed agricultural product,
Roadside farm stand or agricul-
One-hundred-year floodplain,
72-4
tural stand, 280-4
236-4
Professional, A290-46
Roof -mounted, 280-69
On-site system, 215-2
Professional office, 2804
Rubbish, 174-1
Open development area, 240-3
Public parking lot, 260-1
Rules, 130-2
Open space, 280-4
Public place, 174-1
Rural significance, 64-3
Open space or open area, 185-3
Public property, 264-3
Salvage center, 211-1
Operations, 275-2
Public sewer, 215-36
Sand dunes, 148-4
Order of protection, A290-36
Public warehousing, 280-4
Sanitary flow credit, 117-2
Ordinary and usual maintenance,
Public water: public sewer, 280-4
Sanitary sewer, 215-36
275-2
Qualified owner, 245-17
Scap net, 219-4
Ordinary maintenance, 280-69
Qualified residential real prop-
Scavenger waste pretreatment fa -
Original structure, 275-2
crty, 245-17
cility, 215-2
Outdoor storage, 280-4
Radio frequency (RF) emissions
Scenic significance, 64-3
Outside employer or business,
or radiation, 280-69
School, 249-2
26-2
Secondary dune, 111-6
08-01-2010
SOUTHOLD INDEX
Sedimentation, 2364
Superintendent, 193-1,215-36,
Wireless communications facility,
Sending district, 117-2
237-5
280-69
Septage (scavenger waste), 215-2
Superior officer, A290-46
Wireless services, 280-69
Septic tank, 215-2, 2804
Supervisory officer, A29046
Yard, 2804
Seqra, 240-3
Suspended solids, 215-36
Yard, front, 280-4
Service connected, 245-17
Swimming pool, 2804
Yard line, 2804
Servicing, 59-13
Taking, 2194
Yard, rear, 2804
Setback, 275-2,2804
Taxpayer, 2194
Yard, side, 2804
Sewage, 215-36
Telecommunication tower, 280-4
Yield, 240-3
Sewage treatment plant, 215-2,
Temporary anchoring, 965,7
Youth, 68-2
215-36
Tidal waters, 275-2
Youth service project, 68-2
Sewage works, 215-36
Tobacco, 249-2
Zone, 2804
Sewer or drain, 215-36
Tobacco product, 249-2
Zoning Board, 2804
Sheathing, 275-2
Tobacco product advertisement,
Zoning Map, 2804
Shellfish, 219-4
249-2
DEMOLITION
Shopping center, 2804
Toe, 111-6
Buildings, unsafe, 100-3, 100-8,
Shoreline structure, 275-2
Topsoil, 2364
100-9
Side -mounted, 280-69
Tourist camp, 253-1, 280-4
Fire prevention and building con -
Sign, 2804
Tourist cottage, 280-4
struction, 144-5, 144-8
Sign area, 280-4
Tower height, 277-1
Highway specifications, 161-21
Significant fish and wildlife habi-
Town, 17-20, 34-3, 130-2, 174-1,
Landmark preservation, 170-2 -
tat, 111-6, 268-3
237-5, 275-2
170-7, 170-9, 170-10
Silt boom, 275-2
Town agency, 130-2
Solid waste, 233-1, 233-4
Site plan, 280-4
Town board, 237-5, 2804,
Wetlands and shoreline, 275-2,
Site preparation, 2364
A290-46
275-5
Sloping roof, 280-4
Town garbage bag, 233-1
Zoning, 280-140
Slugs, 215-36
Townhouse, 2804
DESIGN STANDARDS
Small wind energy system, 277-1,
Town officer or employee, 26-2
Flood damage prevention,
2804
Town of Southold, 75-2
148-14,148-18
Smokeless tobacco, 249-2
Town supervisor, 17-20
Subdivision of land, 240-36
Solicitor and/or canvasser, 197-2
Town waters, 96-27, 219-4,275-2
Zoning, 280-70,280-72
Sound, 275-2
Trail, 240-3
DEVELOPMENT RIGHTS,
Spawner sanctuary, 275-2
Trailer or mobile home, 280-4
TRANSFER OF
Special exception use, 280-4
Transfer of development rights,
Assessment, 117-7
Special projects coordinator,
117-2
Building Inspector, 117-7
280-25
Transfer station, private, 233-1
Building permit, 117-8
Specialty prop -craft, 96-7
Transfer station, Town, 233-1
Certificate of occupancy, 117-11
Split -rail fence, 275-2
Transient retail business, 197-2
Covenants and restrictions, 117-9
Standard subdivision, 240-3
Treasurer (county treasurer),
Definitions, 117-2
Start of construction, 148-4
17-20
Determination of sanitary flow
Storm sewer or storm drain,
Tropical hardwood, 275-2
credit to be deposited into
215-36
Trustees, 275-2
TDR Bank, 117-5
Stormwater, 215-36
Unit, 253-1
Development Rights Bank, 117-3
Stormwater runoff, 236-4
Unlicensed motor -driven vehicle,
Easement, 117-3, 117-6
Story, 280-4
264-3
Expiration, 117-11
Story, half, 280-4
Unregulated activity, 111-6
Hearings, 117-5, 117-7, 117-10,
Street, 237-23, 280-4
Usable open space, 280-4
117-12
Street, arterial, 240-3
Use, 280-4
Irreversible transfer, 117-6
Street, collector, 240-3
Use, accessory, 280-4
Meeting, 117-7
Street line, 280-4
Variance, 148-4
Newspaper, 117-7
Street, local, 240-3
Vegetated wetlands, 275-2
Notice, 117-7, 117=8, 117-10 -
Street or right-of-way width,
Vegetation, 111-6
117-12
240-3
Vehicles, 174-1, 193-1
Open space, 117-1
Stripping, 236-4
Veteran, 245-15
Permit, 117-7, 117-8
Structural alteration, 280-4
Water, 275-2
Procedure for transfer of devel-
Structural components, 275-2
Watercourse, 215-36
opment right from the TDR
Structural hazard area, 111-6
Water -dependent uses, 275-2
Bank to receiving district,
Structure, 70-3, 111-6, 148-4,
Wetland boundary or boundaries
117-7
185-31 236-4, 275-2, 2804
of wetland, 275-2
Purpose and intent, 117-1
Structure -mounted, 280-69
Wetlands (freshwater), 275-2
Report, 117-7
Subdivision, 240-3
Wetlands (tidal), 275-2
Return of credit, 117-12
Subordinate of a town officer or
Wharf, 275-2
Revocation, 117-10
employee, 26-2
Width of creek, 275-2
Sales, 117-3, 117-4; 117-9
Subsoil drainage, 215-36
Wireless carrier, 280-69
Sanitary flow credit certificate,
Substantial damage, 148-4
Wireless communication facility,
117-8
Substantial improvement, 1484
280-4
Sanitary flow credit transfer,
Subtidal, 275-2
Wireless communications, 280-4
117-4
School, 117-7
9
08-01-2010
Water, 117-7
DIRECTOR OF CODE EN-
FORCEMENT
Powers and duties, 219-23,
275-15
Shellfish and other marine re-
sources, 219-23
Wetlands and shoreline, 275-15
DIRT
Highway specifications, 161-9
Parks and recreation areas, 193-2
Peddlers, solicitors and transient
retail merchants, 197-10
Sewers and sewage disposal,
215-21, 215-37
Streets and sidewalks, 237-20
DISABILITY
Police department rules and regu-
lations, A290-3
DISABLED BOATS
Boats, docks and wharves, 96-10
Harbor management, 157-12
DISCLOSURE PROVISIONS
Zoning, 280-174
DISCRIMINATION
Personnel, 47-2
DISORDERLY CONDUCT
Alarm systems, 75-8
Police department rules and regu-
lations, A290-9, A290-15
Sewers and sewage disposal,
215-40
DOCKS
Wetlands and shoreline, 275-5,
275-11
DOGS
Animals, 83-6 - 83-12, 83-16
Appearance tickets, 5-2
Parks and recreation areas, 193-9
Peddlers, solicitors and transient
retail merchants, 197-5,
197-10
DOMESTIC PARTNERSHIPS
Fees, 121-5
Filing of statements, 121-5
Penalty, 121-4,121-5
Purpose and objectives, 121-2
Record, 121-4
Requirements, 121-3
Statement of domestic partner-
ship, 121-4
Title, 121-1
DRAINAGE
Coastal erosion hazard areas,
111-14
Fire prevention and building con-
struction, 144-10
Flood damage prevention,
148-12,148-15 - 148-17,
148-19
Highway specifications, 161-2 -
161-4, 161-8, 161-9, 161-13,
161-18, 161-25, 161-27-
161-33, 161-36,161-45
Junkyards, I66-4
Sewers and sewage disposal,
215-28,215-36,215-38,
215-39
SOUTHOLD INDEX
Soil removal, 228-2, 228-4,
228-5, 228-7
Subdivision of land, 240-3, 240-4,
240-7,240-9 - 240-11,
240-17, 240-19 - 240-21,
240-23, 240-25, 240-30,
240-32,240-35 - 240-37,
24041,240-44,240-51
Tourist and trailer camps, 253-5,
253-22
Wetlands and shoreline, 275-5 -
275-7,275-11
Zoning, 2804,280-78,280-91,
280-127,280-129, 280-133
DREDGING
Wetlands and shoreline, 275-11
DRIVEWAYS
Highway specifications, 161-39,
161-46
Littering, 174-2
Soil removal, 228-4
Subdivision of land, 240-3,
240-45
Tourist and trailer camps, 253-3,
253-10, 253-11, 253-22
Vehicles and traffic, 260-9,
260-15, 260-17, 260-18,
260-27
Wetlands and shoreline, 275-3,
275-5
Zoning, 280-48, 280-78, 280-85,
280-92, 280-93, 280-137
DRUG
Boats, docks and wharves, 96-15
Taxation, 245-1
Vehicles, motor -driven, 264-15
Zoning, 280-13
DUMP
Highway specifications, 161-19,
161-21
Junkyards, 166-7
Parks and recreation areas, 193-2
DUMPING
Boats, docks and wharves, 96-8
Junkyards, 166-3
Sewers and sewage disposal,
215-27
Solid waste, 233-1, 233-2, 233-7
DUST
Highway specifications, 161-23
Peddlers, solicitors and transient
retail merchants, 197-10
Soil removal, 228-2, 228-5, 228-7
Zoning, 280-13, 28048, 280-58,
280-62, 280-91, 280-99,
280-111,280-143
-E-
EASEMENTS
Community Preservation Fund,
17-9,17-24
Development rights, transfer of,
117-3,117-6
General provisions, 1-4
Highway specifications, 161-2 -
161-4,161-13,161-18
10
Landmark preservation, 170-4
Sewers and sewage disposal,
215-2, 215-20,215-43,
215-44
Subdivision of land, 240-3,
240-10,240-17, 240-21,
240-26 - 240-28, 240-42,
240-44, 240-51,240-54
Wetlands and shoreline, 275-11
Zoning, 280-3, 280-4,280-133,
280-175, 280-1779 280-179,
280-180
EELS
Shellfish and other marine re-
sources, 219-13
ELECTRICAL INSPECTIONS
Administration, 126-1
Building Inspector, 126-3
Building permit, 126-3
Certificate of compliance, 126-3
Certificate of occupancy, 126-3
Designation of Inspectors, 126-2
Duties of Electrical Inspector,
126-3
Emergency, 126-3
Inspections, 126-1 -126-3
Insurance, 126-2
Penalties for offenses, 126-5
Permit, 126-3
Reports, 126-3
Restrictions on materials, 126-4
Severability, 126-6
When effective, 126-7
ELEVATORS
Flood damage prevention, 148-16
Zoning, 280-104
EMERGENCIES
Police department rules and regu-
lations, A290-11
Solid waste, 233-6
Streets and sidewalks, 237-13
Wetlands and shoreline, 275-11
EMERGENCY
Alarm systems, 75-1, 75-2, 75-5,
75-6
Boats, docks and wharves, 96-17,
96-26
Buildings, unsafe, 100-3, 100-4,
100-8
Coastal erosion hazard areas,
111-17 -111-19
Electrical inspections, 126-3
Flood damage prevention, 1484,
148-6, 148-9, 148-10,
148-13 - 148-15, 148-22
Harbor management, 157-6
Highway specifications, 161-20
Housing fund, 34-2, 34-6
Parks and recreation areas, 193-3
Police department, 51A
Police department rules and regu-
lations, A290-3, A290-33
Sewers and sewage disposal,
215-23, 215-38
Streets and sidewalks, 237-13,
237-22
Subdivision of land, 240-10,
240-42
08-01-2010
Vehicles and traffic, 260-23
Vehicles, motor -driven, 264-18
Waterfront consistency review,
268-3
Zoning, 280-13, 280-137,
280-143
EMERGENCY VEHICLES
Flood damage prevention, 148-22
Highway specifications, 161-20
Vehicles, motor -driven, 26418
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, 130-6, 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
SOUTHOLD INDEX
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
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 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
11
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
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,
237-6,237-9,237-11 —
237-13, 237-16
37-6,237-9,237-11-
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
FARMLAND BILL OF RIGHTS
Zoning, 280-97 — 280-103
FARMS AND FARMING
Zoning, 280-13, 280-174
FARM STANDS
Agricultural uses, 72-5 —72-8,
72-11,72-12
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, 144-11, 144-18
Flood damage prevention, 148-12
Junkyards, 166-6
Landmark preservation, 170-14
Peddlers, solicitors and transient
retail merchants, 197-9
08-01-2010
SOUTHOLD INDEX
Public entertainment and special
Parks, 139-8
Definitions and Abbreviations,
events, 205-1
Penalties for offenses, 139-14
144-3
Records, 59-9
Permit, 139-1- 139-5, 139-7 -
Demolition, 144-5,144-8
Sewers and sewage disposal,
139-13
Drainage, 144-10
215111
Purpose, 139-1
Excavation, 144-8
Shellfish and other marine re-
Safety, 139-1, 139-3
Fees, 144-11, 144-18
sources, 219-7
Severability, 139-15
Fences, 144-8, 144-10
Soil removal, 228-11
Traffic control fee, 139-4
Firesafety, 144-6, 144-8
Solid waste, 233-4, 233-6
Trees, 139-9
Fuel, 144-8
Streets and sidewalks, 237-10
Vehicles, 139-3
Garages, 144-8
Subdivision of land, 240-8,
When effective, 139-16
Grading, 144-10
240-10
FINAL PLANS
Heating, 144-8
Tourist and trailer camps, 253-4
Highway specifications, 161-3,
Hotel, 144-8
Wetlands and shoreline, 275-7
161-4
Improvement, 144-8
Wind energy, 277-5
FINAL PLATS
Inspections, 144-6, 144-16
Zoning, 280-13,280-74,280-81,
Subdivision of land, 240-3,
Issuance of certificate of occu-
280-137, 280-149
240-6-240-8, 240-13,
pancy, 144-17
FENCES
240-15, 240-16, 240-19 -
Lots, 144-8
Fire prevention and building con-
240-25, 240-28, 240-31,
Motel, 144-8
struction, 144-8, 144-10
240-32,240-35,240-36,
Multifamily dwellings, 144-6
Highway specifications, 161-16,
240-41, 240-42, 240-44,
Nuisance, 144-10
161-29,161-41, 161142
240-45, 240-51- 240-53
Penalties for offenses, 144-12,
Junkyards, 166-4, 166-7
Zoning, 280-4
144-13,144-20
Soil removal, 228-4, 228-7
FINGERPRINTS
Performance of work under per -
Subdivision of land, 240-36
Peddlers, solicitors and transient
mit, 144-10
Tourist and trailer camps, 253-15
retail merchants, 197-6
Powers and duties of Building In -
Wetlands and shoreline, 275-2,
FIRE ALARM
spector, 144-5
275-5, 275-11
Subdivision of land, 240-17
Property maintenance, 144-6
Wind energy, 2774
FIREARMS
Purpose, 1442
Zoning, 280-4,280-13,28041,
Parks and recreation areas, 193-6
Records, 144-16,144-17
280-48,280-78,280-82,
Police department rules and regu-
Right of entry, 144-14
280-85, 280-92, 280-94,
lations, A290-9, A290-33
School, 144-8
280-99,280-104 - 280-106,
FIRE EXTINGUISHER
Signs, 144-8
280-114, 280-133,280-134,
Junkyards, 166-7
Single-family dwellings, 144-8
280-149
Tourist and trailer camps, 253-14
Site plan, 144-8
FILL
Zoning, 280-48
Smoke detectors, 144-8
Flood damage prevention,
FIRE HYDRANTS
Special exception, 144-8
148-12, 148-15,148-18
Subdivision of land, 240-10,
Sprinklers, 144-8, 144-17
Highway specifications, 161-25
240-17, 240-21, 240-35,
Stop -work orders, 144-13
Police department rules and regu-
240-36,240-48
Storage, 144-8
lations, A290-33, A290-36
Vehicles and traffic, 260-14,
Stormwater, 144-10
Soil removal, 228-7
260-18, 260-27
Swimming pools, 144-8
Stormwater management, 236-10,
Zoning, 280-133, 280-137
Temporary certificates of occu-
236-13
FIRE LANES
pancy, 144-18
Streets and sidewalks, 237-13
Junkyards, 166-7
Tests, 144-19
Wetlands and shoreline, 275-6,
Vehicles and traffic, 260-14,
Title, 1441
27541
260-27
Vacant lot, 144-8
FILMING
FIRE PREVENTION AND
Water, 144-8,144-10
Applications, 139-3
BUILDING CONSTRUC-
Watercourse, 144-10
Building Inspector, 139-8
TION
Yards, 144-8,144-10
Certificate of insurance, 139-3,
Abatement of violations, 144-21
FIRE PROTECTION
139-11
Accessory buildings, 144-8
Zoning, 280-174
Cleanup deposit, 139-5
Administration and enforcement
FIRES
Compliance with other laws,
officers designated, 144-3
Burning, outdoor, 104-1 - 104-3
139-10
Applications, 144-8, 144-15
FIRESAFETY
Exemption, 139-2
Block, 144-8
Fire prevention and building con -
Extension of permit period,
Building permit, 144-3, 144-17
struction, 144-6, 144-8
139-13
Building permits, 144-11, 144-12
FIRE ZONES
Fees, 139-6
Burning, 144-8
Vehicles and traffic, 260-20,
Inspection, 139-12
Certificate of occupancy,
260-27
Insurance, 139-3, 139-11
144-15 -144-17
FLAMMABLES
Insurance requirements, 139-11
Compliance required, 144-20
Junkyards, 166-1
Liability, 139-11
Compliance with standards,
Sewers and sewage disposal,
No alterations to Town property,
144-19
215-38
139-9
Conflicts with other regulations,
Zoning, 280-48
No donations accepted, 139-7
144-4
Notice, 139-4, 139-8
Cooperation with other depart -
Parking, 139-3
ments, 1447
12
08-01-2010
FLOOD DAMAGE PREVEN-
TION
Anchoring, 148-14, 148-16,
148-21
Appeals, 148-4, 148-22
Appeals board, 148-22
Applicability, 148-5
Basis for establishing areas of
special flood hazard, 148-6
Blocks, 148-21
Building Inspector, 148-11
Certificates of compliance,
148-14
Comprehensive Plan, 148-22
Conflict with other laws, 148-7
Definitions, 148-4
Deposit, 148-12
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
Elevation of residential structures
(except coastal high -hazard
areas), 148-17
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-I5, 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, 1484, 148-16 -
148-19, 148-21
Heating, 148-16
Height, 148-21
Improvements, 1484, 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
SOUTHOLD INDEX
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
Safety, 148-2, 148-4, 148-7,
148-18, 148-22, 148-23
Sanitary facilities, 148-19, 148-20
Screening, 148-16
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, 148-19,
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, 1484,
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, 280118, 280-52, 280-55,
280-58, 280-62, 280-111
FUMES
Zoning, 280-13, 280-58,280-62
1K"M
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,
280-137
13
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 - 23311
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
Flood damage prevention, 148-3,
148-15, 148-22
Junkyards, 166-4
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 BUSINESS (B) DIS-
TRICT
Subdivision of land, 240-42
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, IA
Effect on previously adopted
legislation, 1-5
Enactments saved from repeal,
1-4
Fine, 1-11
Garbage, 1-2
Grade, 1-4
Improvement, 14
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, 14,
1-11
Repeal of enactments not in-
cluded in Code, 1-3
08-01-2010
Sale of Code book, I A 0
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
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, 280-4, 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
SOUTHOLD INDEX
Zoning, 280-93, 280-95
See also BRUSH, GRASS AND
WEEDS
GRASS CLIPPINGS
Solid waste, 233-4
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
GUNS
Parks and recreation areas, 193-6
Police department rules and regu-
lations, A290-15
-H-
HAMLET BUSINESS (HB) DIS-
TRICT
Subdivision of land, 240-42
HAMLET DENSITY RESIDEN-
TIAL (HD) DISTRICT
Subdivision of land, 240-42
Zoning, 280-137
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
14
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
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, 344, 34-6
Junkyards, 166-6
Landmark preservation, 170-5,
170-7,170-14
Local laws, adoption of, 38-1,
38-2,384, 38-6
Open space preservation, 185-4,
185-5
Peddlers, solicitors and transient
retail merchants, 197-11
Personnel, 474
Police department, 51-6
Public hearings, notice of, 55-1
Soil removal, 228-5, 228-12
Solid waste, 233-6, 233-8
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, 280-13, 280-26,
280-29,280-92,280-13 1,
280-137, 280-141, 280-146,
280-150, 280-157, 280-159,
280-174, 280-175, 280-177
HEAT
Fire prevention and building con-
struction, 144-8
08-01-2010
SOUTHOLD INDEX
Flood damage prevention, 148-16
Manholes, 161-2
Height, 16144, 16146
Highway specifications, 161-22,
Monuments, 161-3
Illumination, 161-46
161-23
Preliminary plans, 161-2,
Improvements, 161-25
Sewers and sewage disposal,
161-3
Insect, 161-44
215-38
Sketch plans, 161-1
Inspections, 161-19,161-21,
Zoning, 280-22, 280-58, 280-91
Streetlights, 161-3, 161-4
161-42,161-46, 161-48
HEIGHT REGULATIONS
Test, 161-2
Landscaping, 161-42, 161-43
Flood damage prevention, 148-21
Trees, 161-3
Lighting, 161-46
Harbor management, 157-6
Wells, 161-3
Lots, 161-15,161-16
Highway specifications, 161-44,
Roadway Construction, 161-15 -
Major subdivisions, 161-38
161-46
161-48
Manholes, 161-35
Soil removal, 228-7
Alterations or modifications to
Minutes, 161-27
Streets and sidewalks, 237-26
specifications, 16147
Modifications to existing pri-
Subdivision of land, 240-10
As -constructed survey, 161-45
vate roads, 161-25
Wetlands and shoreline, 275-11
Asphalt binder course, 161-22
Notification, 161-44
Wind energy, 277-2 - 2774
Asphalt pavement cores,
Parking, 161-15
Zoning, 2804,280-13,280-15,
161-26
Permits, 161-46
280-28,28048,280-70,
Asphalt wearing course,
Recharge basins, 16141
280-71, 280-76, 280-76.2,
161-23
Recharge basins Type A and
280-78, 280-82, 280-85,
Base course for asphalt pave-
drainage areas, 161-29
280-94, 280-104 - 280-109,
ment, 161-21
Recharge basins Type B and
280-117, 280-122,280-134
Base course for stone blend
drainage areas, 161-30
HIGHWAY SPECIFICATIONS
road, 161-19
Recharge Basins Type C,
Final Dedication of Roads,
Bituminous surface treatment
161-31
161-49
double application,
Safety, 161-44, 161-46
Bond, 161119
161-24
Screen, 161-22-161-24,
Inspection, 161-49
Bonds, 161-46
161-29,161-30,161-42
Meeting, 161-49
Brush, 161-16,161-30
Seeding, 161-43
Procedure, 16149
Catch basins, 161-34
Stone blend wearing course,
Report, 161-49
Clearing and grubbing, 161-16
161-20
Sale, 16149
Concrete curbs, 161-38
Storage, 161-29, 161-30
General Construction Require-
Concrete cylinders, 16140
Storm drains, 161-33
ments, 161-5 -161-14
Concrete footings, slabs and
Stormwater, 161-27,161-29,
Dead-end streets, 161-11
headwalls, 161-37
161-30,161-32,161-36
Dirt, 161-9
Concrete sidewalks and
Stormwater drainage systems,
Drainage, 161-8, 161-9,
driveway entrances,
161-32
161-13
161-39
Streetlighting specifications,
Easements, 161-13
Construction specifications,
161-46
Improvements, 161-6
161-15
Stripping and stockpiling soil,
Lots, 161-11
Curbs, 161-34, 161-38,
161-17
Progress schedule, 161-5
16141, 16145, 16146
Tests, 161-26, 161-29, 161-30,
Protection of new drainage in-
Demolition, 161-21
161-40, 161-46
stallations, 161-9
Design criteria for leaching
Trees, 161-16, 161-292 161-30,
Responsibility of developer,
basins, 161-28
161-42, 16144
161-6
Drainage, 161-18, 161-25,
-Trenches, 161-36
Safety, 161-6, 161-7
161-27- 161-33, 161-36,
Utility, 16146
Signs, 161-11, 161-12
16145
Vehicles, 161-20
Speed limit, 161-12
Drainage design criteria,
Vibration, 161-21
Stormwater, 161-6,161-8
161-27
Water, 161-30, 161-39,16144
Street signs, 161-12
Drainage pipe criteria, 161-36
Weeds, 16142
Temporary roads, 161-14
Driveways, 161-39,16146
Well, 161-30, 16146
Test, 161-6
Dump, 161-19, 161-21
Yard, 161-24
Topsoil removal, 161-10
Dust, 161-23
HISTORICAL FEATURES
Traffic maintenance, 161-7
Easements, 161-18
Zoning, 280-133
Trees, 161-11
Embankment, 161-18
HISTORIC BUILDINGS AND
Vehicles, 161-7
Emergency vehicles, 161-20
DISTRICTS
Water, 161-I1
Excavations, 161-17,161-18,
Zoning, 280-75
Plans and Maps for Subdivisions,
161-25, 161-29, 161-30,
HISTORIC PRESERVATION
161-1-1614
161-36
Zoning, 280-75
Construction plans, 161-4
Fences, 161-16,161-29,
HISTORIC PROPERTIES TAX
Curbs, 1614
161-41, 16142
EXEMPTION
Drainage, 161-2- 161-4
Fill, 161-25
Taxation, 245-19
Easements, 161-2- 161-4
Grade, 161-18, 161-19,
HOME OCCUPATIONS
Excavation, 161-2
161-21- 161-24, 161-29,
Zoning, 280-4,280-13, 280-78
Final plans, 161-3, 161-4
161-30, 161-35, 16142,
HOSPITALS
Grade, 161-2, 161-4
16146
Police department rules and regu-
Lighting, 1614
Grass, 16142
lations, A290-44, A29045
Major subdivision, 161-4
Heating, 161-22, 161-23
15
08-01-2010
SOUTHOLD INDEX
Zoning, 280-13, 280-17, 280-48,
Wetlands and shoreline, 275-3,
148-14, 148-15, 148-17,
280-78, 280-79
275-5
148-18, 148-21, 148-23
HOTELS
Zoning, 280-25, 280-30,280-45,
Sewers and sewage disposal,
Fire prevention and building con-
280-88, 280-129, 280-131,
21542
struction, 144-8
280-133,280-137, 280-174
Soil removal, 228-6
Parking, 189-3
INDUSTRIAL WASTES
Streets and sidewalks, 237-8,
Zoning, 28011, 280-35,280-41,
Sewers and sewage disposal,
237-18
280-449 280-45,28048,
215-28,215-36 -215-38
Taxation, 245-1
280-55, 280-78, 280-79,
INSECTS
Wetlands and shoreline, 275-9
280-85
-Flood damage prevention, 148-16
Zoning, 280-10, 280-38,280-529
HOUSING FUND
Highway specifications, 161-44
280-55
Bond, 34-4
Peddlers, solicitors and transient
INTOXICATION
Definitions, 34-3
retail merchants, 197-10
Police department rules and regu-
Emergency, 34-2, 34-6
INSPECTIONS
lations, A290-9
Findings, 34-2
Boats, docks and wharves, 96-24
INVESTIGATIONS
Fund established, 3411
Buildings, unsafe, 100-4, 100-8
Alarm systems, 75-1
Hearing, 34-4, 34-6
Coastal erosion hazard areas,
Ethics, 26-21 - 26-23, 26-25
Housing Advisory Commission
111-29
Peddlers, solicitors and transient
established, 34-6
Community Preservation Fund,
retail merchants, 197-7
Improvements, 34-2, 34-5, 34-6
17-37
Personnel, 47-3
Meetings, 34-6
Electrical inspections, 126-1-
Police department, 51-6
Open space, 34-6
126-3
Police department rules and regu-
Parking, 34-6
Environmental quality review,
lations, A290-7, A290-15,
Purposes of Fund, 34-5
130-17
A290-17, A290 -19 -
Sale, 34-2, 344 - 34-6
Ethics, 26-25
A290-21, A290-24,
Water, 34-6
Filming, 139-12
A290-25, A290-31
HUNT
Fire prevention and building con-
Records, 59-2
Animals, 83-6
struction, 144-6, 144-16
Waterfront consistency review,
Boats, docks and wharves, 96-20
Flood damage prevention,
268-3
Parks and recreation areas, 193-2,
148-12, 148-14
Wetlands and shoreline, 275-8
193-6
Harbor management, 157-8
Zoning, 280 -130 -
Highway specifications, 161-19,
161-21, 16142, 161146,
-I-
16148,161-49
-J-
J unkyards, 166-6
ILLICIT LIQUIDS
Local laws, adoption of, 38-2
NK DEALER
JUNK
Stormwater management, 236-7
Parking, 189-4 189-3,
Junkyards, 166-6
ILLUMINATION, see LIGHTING
Police department rules and regu-
JUNKYARDS
IMPOUNDMENT
A290-7, A290 -I5,
Batteries, 166-1
Animals, 83-11, 83-12
29lat0s,
A
A290-27
Burning, 166-3,166-7
Vehicles and traffic, 260-24
Records, 59-2 - 59-5, 59-9, 59-] 0
Combustible, 166-1, 166-7
Vehicles, motor -driven, 264-9
Sewers and sewage disposal,
Definitions, 166-2
Wetlands and shoreline, 275-6
215-21 -215-24, 215-37,
Display, 166-6
IMPROVEMENTS
215-38, 215111, 215 43,
Drainage, 166-4
Agricultural lands preservation,
215-44
Dump, 166-3,166-7
70-2
Solid waste, 233-4, 233-6
Duration, 166-6
Community Preservation Fund,
Stormwater management, 236-16
Existing businesses, 166-5
17-8
Streets and sidewalks, 237-14
Explosive, 166-1
Fire prevention and building con-
Subdivision of land, 240-9,
Fee, 166-6
struction, 144-8
240-20, 240-32, 240-33,
Fence, 166-4, 166-7
Flood damage prevention, 1484,
240-36, 240-37
Fire extinguisher, 166-7
148-13 - 148-20,148-23
Tourist and trailer camps, 253-13
Fire lane, 166-7
General provisions, 14
Vehicles and traffic, 260-27
Flammable, 166-1
Highway specifications, 161-6,
Waterfront consistency review,
Gas, 1664
161-25
268-3, 268-5
General provisions, 1-2
Housing fund, 34-2, 34-5, 34-6
Wetlands and shoreline, 275-7,
Grass, 166-7
Records, 59-15
275-9 - 275-11
Graveyards, 166-1
Soil removal, 2284
Zoning, 280-13, 280-74, 280-101,
Hearing, 166-6
Streets and sidewalks, 237-6,
280-110, 280-137,280-151,
Inspections, 166-6
237-16
280-154
Junk dealer, 166-6
Subdivision of land, 240-6,240-9,
INSURANCE
Junkyards, 166-1
240-10, 240-16, 240-17,
Community Preservation Fund,
Legislative intent, 166-1
240-20, 240-30 - 240-41,
I7-32,17-34
Liable, 166-8
240-45, 240-51, 240-53,
Electrical inspections, 126-2
License, 166-1, 166-3 -166-8
240-59
Filming, 139-3, 139-11
Notice, 166-5
Transportation access manage-
Flood damage prevention, 148-2,
Nuisances, 166-1
ment, 64-5
148-4, 148-6, 148-7, 148-12,
Penalties for offenses, 166-8
Vehicles, motor -driven, 264-6
Permit, 166-7, 166-8
16
08-01-2010
SOUTHOLD INDEX
Regulations, 166-7
Title, 170-1
Vehicles and traffic, 260-9,
Revocation, 166-6
LANDSCAPING
260-17
Sale, 166-3
Highway specifications, 161-42,
Wetlands and shoreline, 275-6
Sanitary facilities, 166-7
161-43
Zoning, 280-48, 280-133
Septic tanks, 166-7
Sewers and sewage disposal,
LICENSES AND PERMITS
Storage, 166-3
215-21
Shellfish and other marine re -
Tires, 166-1
Soil removal, 228-4
sources, 219-6, 219-7
Transferability, 166-6
Solid waste, 233-4
LIENS
Water, 166-4
Subdivision of land, 240-32,
Boats, docks and wharves, 96-10,
Well, 166-7
240-36,240-42,24043,
96-25
Zoning, 280-4
240-49
Buildings, unsafe, 100-9
Waterfront consistency review,
Community Preservation Fund,
268-3
17-27,17-35
- K -
Wetlands and shoreline, 275-3,
Harbor management, 157-8,
275-11
157-12
KENNELS
Zoning, 280-4, 280-7, 280-41,
Littering, 174-5
Zoning, 280-13
280-70,280-72,280-76.2,
Sewers and sewage disposal,
280-78,280-91 -280-95,
215-33,215-50,215-51
280-123, 280-129, 280-131,
Subdivision of land, 240-34,
- I -
280-133, 280-134,280-137
240-44
LAND -DISTURBING ACTIVI-
LEASHING REQUIREMENTS
Wetlands and shoreline, 275-11
TIES
Animals, 83-6
Zoning, 280-76, 280-88,280-92
Stormwater management, 236-9
Parks and recreation areas, 193-9
LIGHTING
LANDMARK PRESERVATION
LIABILITY
Boats, docks and wharves, 96-14
Accessory buildings, 170-7
Boats, docks and wharves, 96-10,
Highway specifications, 161-4,
Appeals, 170-11
96-25
161-46
Application for certificate of ap-
Buildings, unsafe, 100-10
Streets and sidewalks, 237-12
propriateness, 170-7
Community Preservation Fund,
Subdivision of land, 24044,
Building permits, 170-5, 170-6
17-23, 17-29, 17-31, 17-34,
240-46
Certificate of appropriateness for
17-35
Tourist and trailer camps, 253-3
alteration, demolition or new
Ethics, 26-26
Transportation access manage -
construction, 170-6
Filming, 139-11
ment, 645
Criteria for approval of alteration
Flood damage prevention, 148-10
Wetlands and shoreline, 275-11
of facades of historic land-
General provisions, 14
Wind energy, 277-4
marks, 170-8
Harbor management, 157-12
Zoning, 280-4, 280-13, 280-70,
Criteria for approval of demoli-
Junkyards, 166-8
280-81, 280-83, 280-87,
tion or removal of historic
Salvage centers, 211-6
280-88, 280-111, 280-117,
landmarks, 170-9
Sewers and sewage disposal,
280-129, 280-133, 280-137
Definitions, 170-3
215-38,21542,215-44,
LIMITED BUSINESS (LB) DIS -
Demolition, 170-2- 170-7,
215-51
TRICT
170-9, 170-10
Streets and sidewalks, 237-14
Subdivision of land, 240112
Designation of historic land-
Subdivision of land, 240-54
LITTERING
marks, 170-5
Vehicles, motor -driven, 264-20
Assessment, 174-5
Easements, 170-4
Wetlands and shoreline, 275-9
Definitions, 174-1
Enforcement, 170-12
Zoning, 280-88
Driveway, 174-2
Fees, 170-14
LICENSE
Fine, 1747
Fine, 170-13
Animals, 83-16
Garbage, 174-1, 174-2
Hardship criteria for approval of
Bingo and games of chance, 92-2,
Garbage, rubbish and refuse,
demolition, removal or al-
92-3, 92-13, 92-14
174-2
teration of historic land-
Burning, outdoor, 104-2
General provisions, 1-2
marks, 170-10
Ethics, 26-17, 26-21
Handbills, 174-6
Hearings, 170-5, 170-7, 170-14
General provisions, 1-4
Lien, 174-5
Historic Preservation Commis-
Junkyards, 166-1, 166-3 - 166-8
Litter in parks, beaches and bod-
sion, 170-4
Parking, 189-3, 189-4
ies of water, 174-4
Meetings, 170-4
Peddlers, solicitors and transient
Litter in public places, 1742
Membership, 170-4
retail merchants, 197-3,
Litter on private property, 174-5
Minutes, 170-4
197-4, 197-6-197-9,
Newspapers, 174-1, 174-6
Newspaper, 170-7
197-11, 197-13
Notice, 174-5
Notices, 1704,170-5, 170-7,
Police department rules and regu-
Parks, 174-4
170-14
lations, A290-33
Penalties for offenses, 174-7
Penalties for offenses, 170-13
Sewers and sewage disposal,
Record, 174-5
Permit, 170-5, 170-6
215-4-215-6, 215-31,
Sign, 174-6
Powers and duties, 170-4
21541,215-42
Tires, 174-3
Purpose, 170-2
Solid waste, 233-2 - 2334, 233-8
Transportation access manage -
Record, 170-5, 170-11
Subdivision of land, 240-21
ment, 64-5
Reports, 170-5
Tobacco advertising, 249-2
Vehicles, 174-1, 174-3, 174-6
Stop -work order, 170-12
Tourist and trailer camps, 253-3
Water, 1744
Terms, 1704
17
08-01-2010
LIVESTOCK
Subdivision of land, 240-44
Zoning, 280-98, 280-99
LOCAL LAWS, ADOPTION OF
Filing of proof of publication and
posting, 38-4
Hearings, 384, 38-2, 38-4, 38-6
Inspection, 38-2
Newspaper, 38-1
Notice, 38-1, 38-2, 38-4, 38-6
Numbering, 38-5
Posting and availability of copies,
38-2
Posting of copy upon adoption,
38-3
Rezonings, 38-6
LOTS
Fire prevention and building con-
struction, 144-8
Flood damage prevention,
148-13, 148-23
Highway specifications, 161-11,
161-15,161-16
Soil removal, 228-7
Subdivision of land, 2404,
240-10, 240-17, 240-21,
240-26, 240-27, 240-30,
240-41 - 24045,240-49,
240-51, 240-53, 240-57,
240-59
Vehicles and traffic, 260-12,
260-27
Zoning, 280-9 -280-11, 280-13,
280-15, 280-30,280-31,
280-41, 280-48, 280-61,
280-70, 280-78, 280-79,
280-95,280-106, 280-109,
280-113, 280-116, 280-124,
280-137,280-173
_M_
MAJOR SUBDIVISIONS
Highway specifications, 1614,
161-38
MANHOLES
Highway specifications, 161-2,
161-35
Sewers and sewage disposal,
215-38, 21540
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
SOUTHOLD INDEX
Ethics, 26-21
Expenses of town officers, 30-1
Flood damage prevention, 1484,
148-16,148-19
Harbor management, 157-3
Highway specifications, 16149
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, 24043
Wetlands and shoreline, 275-8
Zoning, 280-29, 280-38,28045,
28048, 280-78, 280-131,
280-133,280-137,280-157,
280-173, 280-174
METERS
Sewers and sewage disposal,
215-38
MINORS
Tobacco advertising, 249-I
MINUTES
Committees, appointment of, 13-3
MOBILE HOME
Flood damage prevention, 1484
Zoning, 2804,280-78
MODERATE -INCOME FAMILY
DWELLING UNITS
Subdivision of land, 240-10
MODERATE -INCOME HOUS-
ING
Zoning, 280-137
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, 28044,
280-45, 280-48,280-55,
280-78, 280-85
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
MUSSELS
Shellfish and other marine re-
sources, 219-12
-N-
NATURAL FEATURES
Community Preservation Fund,
17-19
IN
Subdivision of land, 240-3,
24043, 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, 1974
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
Wind energy, 277-2,277-3
Zoning, 280-13,28047,280-48,
280-58, 280-62, 280-91,
280-94, 280-99, 280-111,
280-143
NONCONFORMING SIGNS
Zoning, 280-90
NONCONFORMING USES
Zoning, 280-2, 2804,280-90,
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
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
Environmental quality review,
130-6, 130-10, 130-13,
130-17
Filming, 139-4, 139-8
08-01-2010
Flood damage prevention, 148-9,
148-14,148-23
Harbor management, 157-3,
157-9,157-12,I57-14
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 entertainment and special
events, 205-1
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
Soil removal, 228-5, 228-9,
228-12
Solid waste, 233-6, 233-8
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 -
275-11, 275-16
Wind energy, 277-3
Zoning, 280-26,280-29, 280-30,
280-74, 280-76,280-88,
280-92, 280-97,280-100,
280-101,280-131,280-137,
280-141, 280-146, 280-150,
280-153,280-155, 280-157,
280-159,280-174
NUISANCES
Fire prevention and building con-
struction, 144-10
Flood damage prevention, 148-23
Junkyards, 166-1
Sewers and sewage disposal,
215-38
Soil removal, 228-5
Vehicles, motor -driven, 264-14
Zoning, 280-58, 280-62, 280-97,
280-99
OBSTRUCTIONS
Coastal erosion hazard areas,
111-11, 111-13
Flood damage prevention,
148-16,14848
SOUTHOLD INDEX
Peddlers, solicitors and transient
retail merchants, 197-10
Sewers and sewage disposal,
215-38
Streets and sidewalks, 237-1,
237-20
Vehicles and traffic, 260-23
Zoning, 280-80,280-104,
280-106,280-111
ODORS
Sewers and sewage disposal,
215-38
Subdivision of land, 240-44
Zoning, 280-13, 280-48,280-58,
280-62, 280-99, 280-111,
280-143
OFFICERS AND EMPLOYEES
Superintendent of Highways,
42-5-42-8
Referendum to be held, 42-7
Supersession of Town Law,
42-6
Term of office, 42-5
When effective, 42-8
Town Clerk, 42-1 - 424
Referendum to be held, 42-3
Supersession of Town Law,
42-2
Term of office, 42-1
When effective, 424
OFFICIAL MAP
Subdivision of land, 240-3, 240-4,
240-10, 240-17
Zoning, 280-4
OFF-STREET LOADING
Zoning, 280-79
OFF-STREET PARKING
Agricultural uses, 72-6
Subdivision of land, 240-4,
240-45
Zoning, 280-4,280-13, 280-27,
280-28, 28045, 280138,
280-58, 280-77, 280-78,
280-95,280-109,280-129,
280-133, 280-137, 280-143
ONE -FAMILY DWELLING
Zoning, 280-10, 280-13, 280-109
OPEN SPACE
Agricultural lands preservation,
70-2
Coastal erosion hazard areas,
111-13
Community Preservation Fund,
17-4, 17-8, 17-9, 17-12,
17-24
Development rights, transfer of,
117-1
Housing fund, 34-6
Open space preservation, 185-1 -
185-3,185-5
Subdivision of land, 240-2,
240-10, 240-21, 240-42 -
240-45, 240-49, 240-54
Waterfront consistency review,
268-2, 268-5
Zoning, 280-4,280-8, 280-16,
280-127, 280-128, 280-137,
280-181
19
OPEN SPACE PRESERVATION
Acquisition, 185A
Alienation of fee, interest or right,
185-5
Definitions, 185-3
Findings, 185-2
Hearing, 18511, 185-5
Instrument of conveyance, 185-5
Open space, 185-1-185-3, 185-5
Open Space Committee, 185-5
Permits, 185-5
Sale, 185-4, 185-5
Severability, 185-6
Title, 185-1
OYSTERS
Shellfish and other marine re-
sources, 219-10
_P_
PARADE
Boats, docks and wharves, 96-16
Parks and recreation areas, 193-9
PARKING
Agricultural uses, 72-5, 72-6
Appearance tickets, 5-2, 5-3
Community Preservation Fund,
17-8
Filming, 139-3
Flood damage prevention, 148-16
General provisions, 1-2
Highway specifications, 161-15
Housing fund, 34-6
Parking, 189-1, 189-3 - 189-6
Parking at Beaches, 189-1-
189-8
Designation of parking areas
on Fishers Island, 189-4
Designation of parking areas
requiring permits, 189-2
Hotels, 189-3
Inspection, 189-3, 189-4
License, 189-3, 189-4
Motels, 189-3
Other regulations, 189-6
Parking, 189-1 - 189-6
Parking permits, 189-3
Parks, 189-3
Penalties for offenses, 189-8
Permit, 189-2 - 189-5
Policy, 189-1
Registration, 189-3, 189-4
Removal of vehicles parked in
violation, 189-7
Sign, 189-3,189-4
Storage, 189-7
Trailers, 189-2
Vehicles, 189-1 - 1894,189-7
Water, 189-1
Wells, 189-2
Parks and recreation areas, 193-3,
193-9
Peddlers, solicitors and transient
retail merchants, 197-10
Public entertainment and special
events, 205-1
Salvage centers, 211-3, 2114
08-01-2010
Soil removal, 228-7
Subdivision of land, 240-4,
240-44,240-45
Transportation access manage-
ment, 64-5
Vehicles and traffic, 260-1,
260-8 - 260-12, 260-14 -
260-23, 260-27
Zoning, 280-4, 280-13, 280-14,
280-18, 280-23, 280-27,
280-28, 280-36, 280-39,
28042, 280-45, 28046,
28048,28049,280-53,
280-56, 280-58,280-59,
280-62,280-63, 280-65,
280-77 - 280-79, 280-85,
280-92, 280-95, 280-109,
280-110, 280-117, 280-127 -
280-129,280-131,280-133,
280-134, 280-137, 280-143
PARKS AND RECREATION
AREAS
Bicycles, 88-1 - 88-3, 88-5
Boats, docks and wharves, 96-15,
96-26
Community Preservation Fund,
17-4,17-24
Filming, 139-8
Flood damage prevention,
148-13 - 148-15
Littering, 174-4
Parking, 189-3
Subdivision of land, 240-4,
240-10, 240-42 - 240A4,
240-52 - 240-54
Tobacco advertising, 249-1
Tourist and trailer camps, 253-23
Use Regulations and Restrictions,
193-1 - 193-13
Animals, 193-2, 193-9
Ashes, 193-2
Authority to promulgate rules
andregulations, I93-11
Beach activities, 193-5
Behavior and conduct, 193-9
Certain acts prohibited, 193-2
Definitions, 193-1
Dirt, 193-2
Dogs, 193-9
Dump, 193-2
Emergency, 193-3
Enforcement, 193-12
Firearms, 193-6
Garbage, 193-2, 193-7
Guns, 193-6
Hours of use, 193-10
Hunt, 193-2, 193-6
Intoxicating, 193-9
Leashes, 193-9
Meetings, 193-9
Muffler, 193-3
Notices, 193-10
Parade, 193-9
Parking, 193-3, 193-9
Penalties for offenses, 193-12
Penalty, 193-12
Permit, 193-7, 193-9
Recreation area, 193-7
SOUTHOLD INDEX
Regulations concerning bath-
ing and swimming, 193-4
Regulations concerning motor
vehicles, 193-3
Restrictions concerning certain
games and sports activi-
ties, 193-8
Safety, 193-6, 193-11
Signs, 193-3
Toilet, 193-4
Tree, 193-2
Use of picnic areas, 193-7
Vehicles, 193-1, 193-3, 193-4
Water, 193-4
Weapons, 193-6
When effective, 193-13
Wildlife, 193-6
Zoning, 280-7, 280-137
See also PLAYGROUNDS
PEDDLERS, SOLICITORS AND
TRANSIENT RETAIL
MERCHANTS
Licensing and Regulation,
197-1 - 197-13
Application for license, 197-6
Contagious diseases, 197-6
Definitions, 197-2
Dirt, 197-10
Dogs, 197-5, 197-10
Dust, 197-10
Exemptions, 197-4
Fees, 197-9
Fingerprints, 197-6
Garage, 197-4
Hearing, 197-I1
Insects, 197-10
Investigation of applicant,
197-7
Legislative intent, 197-I
License, 197-3, 197-4, 197-6 -
197-9,197-11,197-13
Newspapers, 197-4
Noise, 197-10
Obstructions, 197-10
Parking, 197-10
Penalties for offenses, 197-13
Permit, 197-10
Permitted activities, 197-5
Possession, 197-8
Records, 197-8
Registration, 197-1, 197-4,
197-6
Restrictions, 197-10
Sales, 1974 - I97-6, 197-10
School, 197-10
Signs, 197-12
Vehicles, 197-10
Well, 197-10
PEDESTRIANS
Wetlands and shoreline, 275-11
Zoning, 280-137
PENALTIES FOR OFFENSES
Agricultural uses, 72-12
Alarm systems, 75-5, 75-6, 75-8
Alcoholic beverages, 79-2
Animals, 83-5, 83-13
Bicycles, 88-7
20
Bingo and games of chance,
92-I1
Boats, docks and wharves, 96-33
Buildings, unsafe, 100-10
Burning, outdoor, 104-1, 104-5
Coastal erosion hazard areas,
111-11, 111-34
Community Preservation Fund,
17-35,17-36
Domestic partnerships, 121-4,
121-5
Electrical inspections, 126-5
Ethics, 26-26
Filming, 139-14
Fire prevention and building con-
struction, 144-12, 144-13,
144-20
Flood damage prevention, 148-9
General provisions, 1-4, 1-11
Harbor management, 157-14
Highway specifications, 161-19-
161-23
Junkyards, 166-8
Landmark preservation, 170-13
Littering, 174-7
Parking, 189-8
Parks and recreation areas,
193-12
Peddlers, solicitors and transient
retail merchants, 197-6,
197-13
Police department, 51-6
Police department rules and regu-
lations, A290-15, A290-19,
A290-33, A290-36
Public entertainment and special
events, 205-1
Salvage centers, 211-6
Sewers and sewage disposal,
215-5, 215-7, 215-9,215-32,
215-38, 215-45, 21549
Shellfish and other marine re-
sources, 219-6, 219-22
Soil removal, 228-13
Solid waste, 233-7, 233-8
Stormwater management, 236-16
Streets and sidewalks, 237-17,
237-21, 237-29
Subdivision of land, 240-44,
240-60
Taxation, 245-5
Tobacco advertising, 249-6
Tourist and trailer camps, 253-19
Vehicles and traffic, 260-27
Vehicles, motor -driven, 264-9,
264-10,264-20
Waterfront consistency review,
268-7
Wetlands and shoreline, 275-12.1,
275-15, 275-16
Wind energy, 277-7
Zoning, 280-13, 280-32.1,
280-33, 280-76, 280-88,
280-136,280-155,280-156
PENSION
Waterfront consistency review,
268-3
08-01-2010
SOUTHOLD INDEX
PERMIT
Tourist and trailer camps, 253-2 -
Hearing, 51-6
Agricultural lands preservation,
253-4
Investigation, 51-6
70-5
Vehicles and traffic, 260-9,
Members, 5 1 -1
Agricultural uses, 72-5, 72-6,
260-17, 260-27
Notice, 51-6
72-12
Vehicles, motor -driven, 264-7,
Powers and duties, 5 1 -1
Alarm systems, 75-3, 75-4
264-15, 264-20
Qualifications of members of Po -
Animals, 83-1, 83-3, 83-4, 83-6,
Waterfront consistency review,
lice Department, 51-3
83-9
268-3
Record, 51-2
Boats, docks and wharves, 96-1,
Wetlands and shoreline, 275-2,
Rules and regulations, 51-5
96-3, 96-15, 96-18, 96-20,
2754 - 275-14,275-16
Special policemen, 51-4
96-24, 96-25, 96-28, 96-31 -
Wind energy, 277-3, 277-6, 277-7
POLICE DEPARTMENT RULES
96-33
Zoning, 280-2, 280-3, 280-8 -
AND REGULATIONS
Buildings, unsafe, 100-3, 100-4
280-10,280-13, 280-16,
Chief of Police, A290-6, A290-7
Burning, outdoor, 104-1, 104-2
280-20, 280-31, 280-45,
General duties, A290-6
Coastal erosion hazard areas,
280-48,280-58, 280-62,
Inspections, A290-7
111-8 -111-15, 111-19,
280-70, 280-76.1, 280-81,
Investigation, A290-7
111-27- 111-29, 111-31
280-85, 280-89, 280-90,
Meeting, A290-7
Development rights, transfer of,
280-113 - 280-115, 280-121,
Permit, A290-7
117-7,117-8
280-122, 280-124,280-125,
Records, A290-7
Drainage control permit, 236-10
280-127, 280-130, 280-131,
Reports, A290-7
Electrical inspections, 126-3
280-134, 280-140,280-141,
Specific duties, A290-7
Environmental quality review,
280-146,280-149, 280-151 -
Civilian Members, A290-12 -
130-5
280-154, 280-180
A290-14
Ethics, 26-17, 26-21
PERMITTED USES
General duties, A290-12
Filming, 139-1 -139-5, 139-7 -
Zoning, 280-13, 280-17, 280-22,
Report, A290-13
139-13
280-27, 280-35, 280-38,
Safeguarding information,
Flood damage prevention, 148-9,
280-41,280-45,280-48,
A290-14
148-11 - 148-14, 148-16
280-52, 280-55, 280-58,
Specific duties, A290-13
Harbor management, 157-6,
280-62, 280-143, 280-146,
Conduct, A290-15
157-14
280-175
Alcoholic beverages, A290-15
Highway specifications, 16146
PERSONNEL
Disorderly conduct, A290-15
Junkyards, 166-7, 166-8
Grievance Procedures, 47-1-
Fine, A290 -I5
Landmark preservation, 170-5,
47-4
Gas, A290-15
170-6
Declaration of policy, 47-2
Gun, A290-15
Open space preservation, 185-5
Definitions, 47-1
Inspection, A290-15
Parking, 189-2 -189-5
Discrimination, 47-2
Intoxicating, A290-15
Parks and recreation areas, 193-7,
Hearing, 474
Investigation, A290-15
193-9
Initial presentation, 47-3
Penalty, A290-15
Peddlers, solicitors and transient
Investigation, 47-3
Record, A290-15
retail merchants, 197-10
Review by Town Board, 47-4
Report, A290-15
Police department rules and regu-
PLACES OF WORSHIP
Rules of conduct, A290-15
lations, A290-7
Zoning, 280-13,280-38, 280-78
Tobacco, A290-15
Public entertainment and special
PLANNING BOARD
Towing, A290-15
events, 205-1
Subdivision of land, 240-I0
Vehicles, A290-15
Records, 59-3, 59-7
Zoning, 280-174,280-181
Weapon, A290-15
Salvage centers, 211-2, 211-3,
PLAYGROUNDS
Construal of Provisions, A290-48
211-5,211-6
Subdivision of land, 240-43,
Conflict with Police Benevo-
Sewers and sewage disposal,
24044,240-52, 240-53
lent Association agree -
215 -8 - 215-17,215-21 -
Zoning, 280-13
ments, A290-48
215-23, 215-25, 215-31,
See also PARKS AND REC-
Definitions, A290-46
215-32, 215-37, 215-38,
REATION AREAS
Detectives, A290-16 - A290-32
21540-21543
PLUMBING
Additional duties, A290-19
Shellfish and other marine re-
Sewers and sewage disposal,
Assignment, A290-17
sources, 219-16
215-36, 215-43
Composition, A290-18
Soil removal, 228-3 - 228-12
Subdivision of land, 24017
Cooperation with other law cn-
Solid waste, 233-2 - 2334,
Zoning, 280-41, 28045, 28048,
forcement agencies,
233-6, 233-8
280-58, 280-622 280-78
A290-22
Stormwater management, 236-10,
POLICE DEPARTMENT
Detectives to be on tali,
236-12
Administration, 51-5
A290-32
Streets and sidewalks, 237-6 -
Board of Police Commissioners,
Documents, A290-28
237-11, 237-13, 237-15 -
51-2
Dress, A290-29
237-18,237-25, 237-26
Charges, 51-6
Inquiries, A290-25
Subdivision of land, 240-10,
Compensation, 51-1
Inspections, A290-27
240-25,240-26, 240-34,
Disciplinary action, 51-6
Intoxicating, A290-24
240-36, 240-39,24045,
Emergency, 514
Investigations, A290-17,
240-49,240-51
Equipment, 51-1
A290-19 - A290-21,
Tobacco advertising, 249-2
Establishment, 5 1 -1
A290-24, A290-25,
Fined, 51-6
A290-31
21
08-01-2010
SOUTHOLDINDEX
Offenses, A290-19
Safety, A290-33
Hearings, 55-1
Procedures, A290-30
Vehicle, A290-33
Newspaper, 55-1
Qualifications, A290-16
Weapon, A290-33
Notice, 55-1
Records, A290-28
Organization, A290-1- A290-5
Providing notice of public hear -
Report, A290-31, A290-32
Absence or disability of Chief,
ings, 55-1
Requesting assistance,
A290-3
Record, 55-1
A290-26
Chief of Police, A290-2
Setbacks, 55-1
Rules of conduct, A290-23
Disability, A290-3
Sign, 55-1
Scene of investigation,
Emergency, A290-3
A290-20
Order of rank, A290-4
Use of intoxicating beverages,
Powers and duties, A290-1
-R-
R -
A290-24
A290 -24
Report, A290-3
Disciplinary Action, A29047
Seniority, A290-5
RADIATION
Types of action, A290-47
Sergeants, A290-10, A290-11
Zoning, 280-13
General Rules, A290-34 -
Emergencies, A290-11
RECORDS
A290-45
General duties, A290-10
Boats, docks and wharves, 96-10,
Communicable/infectious dis-
Record, A290-11
96-25
eases, A290-45
Reports, A290-11
Buildings, unsafe, 100-7
Confidentiality of official
Specific duties, A290-1 I
Coastal erosion hazard areas,
business, A29041
Vehicles, A290-11
111-10, 111-29
Curb, A290-37, A290-38
Word usage, A290-46
Community Preservation Fund,
Duty of Department, A290-35
POLLUTION
17-22, 17-34, 17-35
Fitness for duty, A290-39
Boats, docks and wharves, 96-26
Domestic partnerships, 1214
Grooming, A29043
Sewers and sewage disposal,
Ethics, 26-7, 26-23, 26-25
Hazardous waste, A29045
215-38
Fire prevention and building con -
Hospital, A290-44, A29045
Soil removal, 228-7
struction, 144-16, 144-17
Maintenance of order,
Waterfront consistency review,
Flood damage prevention, 148-22
A290-34
268-3
Harbor management, 157-12
Minor, A290-36
Wetlands and shoreline, 275-3
Landmark preservation, 170-5,
Notification, A29044
Zoning, 28048, 280-58, 280-62,
170-11
Patrol duty, A290-37
280-77,280-91, 280-111,
Littering, 174-5
Pro -arrest policy, A290-36
280-143
Peddlers, solicitors and transient
Records, A290-45
PRELIMINARY PLANS
retail merchants, 197-8
Report, A290-36 - A290-38,
Highway specifications, 161-2,
Police department, 51-2
A290-44
161-3
Police department rules and regu-
Safety, A290-45
PRELIMINARY PLATS
lations, A290-7, A290-9,
Sick time, A290-44
Subdivision of land, 240-3,
A290-11, A290-15,
Sidearms, A29042
240-6 - 240-8, 240-10,
A290-28, A290-33, A29045
Sign, A290-36
240-13, 240-15 - 240-20,
Public Access to Records, 59-1 -
Smoke, A290-45
240-22, 240-24, 240-25,
59-10
Streetlights, A290-37,
240-53, 240-58
Appeals, 59-8, 59-10
A290-38
PRIVATE SEWAGE DISPOSAL
Definitions, 59-1
Supervisory officers, A290-38
Sewers and sewage disposal,
Denial of access, 59-8
Testing, A290-45
215-37
Designation of records access
Vehicles, A29045
PRIVY VAULT
officer, 59-3
Water, A29045
Sewers and sewage disposal,
Designation of records loca-
Well, A29043
215-37
tion, 594
Lieutenant, A290-8, A290-9
PROHIBITED USES
Duties, 59-3
Disorderly conduct, A290-9
Zoning, 280-8,280-111
Exceptions, 59-2
Firearms, A290-9
PROPANE/LIQUID GAS TANKS
Fees, 59-9
General duties, A290-8
Wetlands and shoreline, 275-5
Hours for public inspection,
Intoxication, A290-9
PROPERTY MAINTENANCE
59-5
Records, A290-9
Fire prevention and building con-
Inspection, 59-2 - 59-5, 59-9,
Reports, A290-9
struction, 144-6
59-10
Specific duties, A290-9
PUBLIC ENTERTAINMENT
Investigations, 59-2
Members of the Department,
AND SPECIAL EVENTS
Maintenance of list of records
A290-33
Applications, 205-1
by subject matter, 59-7
Duties, A290-33
Certain entertainment restricted,
Newspaper, 59-10
Emergency, A290-33
205-1
Notice, 59-10
Fill, A290-33
Fees, 205-1
Permit, 59-3, 59-7
Firearms, A290-33
Notices, 205-1
Records, 59-2 - 59-10
License, A290-33
Parking, 205-1
Safety, 59-2
Minor, A290-33
Penalties for offenses, 205-1
Public hearings, notice of, 55-1
Notice, A290-33
Permit, 205-1
Records, 59-2 - 59-17
Offenses, A290-33
Tents, 205-1
Records Management, 59-11 -
Record, A290-33
PUBLIC HEARINGS, NOTICE
59-17
Report, A290-33
OF -
Custody and control of re -
Retirement, A290-33
Assessment, 55-1
cords, 59-16
22
08-01-2010
SOUTHOLD INDEX
Definitions, 59-13
A290-9, A290-11, A290-13,
_S_
Designation of records man-
A290-15, A290 -31 -
agement officer, 59-12
A290-33, A290-36 -
SAFETY
Disposition of records, 59-17
A290-38, A290-44
Appearance tickets, 5-2
Improvements, 59-15
Sewers and sewage disposal,
Boats, docks and wharves, 96-14,
Intent, 59-11
215-5, 215-7,215-38
96-15, 96-26
Powers and duties of records
Subdivision of land, 240-19
Buildings, unsafe, 100-2, 100-3
management officer,
Tobacco advertising, 249-1
Coastal erosion hazard areas,
59-14
Tourist and trailer camps, 253-14
111-17,111-18
Program established, 59-12
Transportation access manage-
Filming, 139-1, 139-3
Records, 59-11 - 59-17
merit, 64-4
Flood damage prevention, 148-2,
Records Advisory Board,
Waterfront consistency review,
148-4, 148-7, 148-18,
59-15
268-4
148-22,148-23
Sign, 59-15
Wetlands and shoreline, 275-7,
Harbor management, 157-6
Storage, 59-12, 59-14
275-8
Highway specifications, 161-6,
Sewers and sewage disposal,
Zoning, 280-29, 280-30, 280-70,
161-7, 161-44, 16146
215-35, 215-43
280-74,280-151, 280-157,
Parks and recreation areas, 193-6,
Soil removal, 228-6,228-9,
280-174
193-11
228-12
RESIDENTIAL LOW-DENSITY
Police department rules and regu-
Streets and sidewalks, 237-24
(1140) DISTRICT (ONE-
lations, A290-33, A29045
Subdivision of land, 240-10,
ACRE MINIMUM)
Records, 59-2
240-17, 240-19, 240-21,
Subdivision of land, 24042
Sewers and sewage disposal,
240-25, 240-29, 240-34,
RESIDENTIAL LOW-DENSITY
21-5-44
240-38,24041,240-44
(R-80) DISTRICT (TWO-
Soil removal, 228-1, 228-5, 228-7
Tourist and trailer camps, 253-13
ACRE MINIMUM)
Subdivision of land, 240-2, 240-4,
Zoning, 280-7, 280-31, 280-52,
Subdivision of land, 240112
240-10, 240-38,24043,
280-55, 280-92, 280-133,
RESIDENTIAL LOW-DENSITY
240-45, 240116, 240-56
280-151,280-154
(R-120) DISTRICT (THREE-
Transportation access manage -
RECREATIONAL VEHICLES
ACRE MINIMUM)
ment, 64-5
Flood damage prevention, 148-4,
Subdivision of land, 240-42
Vehicles and traffic, 260-26
148-13 -148-15, 148-21
RESIDENTIAL LOW-DENSITY
Vehicles, motor -driven, 264-2,
Tourist and trailer camps, 253-20,
(R-200) DISTRICT (FIVE-
264-14, 264-15
253-21,253-23, 253-24
ACRE MINIMUM)
Wetlands and shoreline, 275-3,
Zoning, 280-4,280-137
Subdivision of land, 240-42
275-11,275-12
RECYCLABLES
RESIDENTIAL LOW-DENSITY
Zoning, 280-2, 280-3, 280-13,
Solid waste, 233-1- 233-5
(R400) DISTRICT (TEN-
280-28, 280-67,280-82,
RECYCLING
ACRE MINIMUM)
280-88, 280-97,280-99,
Solid waste, 233-7
Subdivision of land, 240-42
280-111, 280-125, 280-128,
REGISTRATION
RESIDENTIAL OFFICE (RO)
280-129, 280-131, 280-133,
Boats, docks and wharves, 96-10,
DISTRICT
280-137,290-142, 280-143,
96-24
Subdivision of land, 240-42
280-146
Harbor management, 157-12
RESORT RESIDENTIAL (RR)
SAFETY STANDARDS
Parking, 189-3, 189-4
DISTRICT
Wind energy, 277-3
Peddlers, solicitors and transient
Subdivision of land, 240-42
SALES
retail merchants, 197-1,
RESTAURANTS
Agricultural lands preservation,
197-4, 197-6
Wetlands and shoreline, 275-11
70-4,70-5
Solid waste, 233-4
Zoning, 280-4, 280-13, 280-35,
Boats, docks and wharves, 96-10,
Tourist and trailer camps, 253-14
280-38, 280-41, 280-45,
96-25
Vehicles and traffic, 260-27
28048, 280-55, 280-78,
Community Preservation Fund,
Vehicles, motor -driven, 264-11
280-85
17-9,17-24
RENTAL PROPERTY
RETIREMENT
Development rights, transfer of,
Zoning, 280-13
Ethics, 26-17
117-3, 117-4, 117-9
REPORTS
Police department rules and regu-
General provisions, 1-4, 1-10
Buildings, unsafe, 1004
lations, A290-33
Harbor management, 157-12
Coastal erosion hazard areas,
Taxation, 245-1, 245-2
Highway specifications, 16149
111-27, 111-29, 111-35
Waterfront consistency review,
Housing fund, 34-2, 344 - 34-6
Community Preservation Fund,
268-3
Junkyards, 166-3
17-34
RIGHT OF ENTRY
Open space preservation, 185-4,
Development rights, transfer of,
Fire prevention and building con-
185-5
117-7
struction, 144-14
Peddlers, solicitors and transient
Electrical inspections, 126-3
Sewers and sewage disposal,
retail merchants, 197-4 -
Ethics, 26-25
215-23
197-6,197-10
Flood damage prevention, 148-6,
Zoning, 280-151
Sewers and sewage disposal,
148-22
ROOFS
215-36
Highway specifications, 16149
Zoning, 280-71
Subdivision of land, 240-34
Landmark preservation, 170-5
Taxation, 245-1, 245-2
Police department rules and regu-
Tobacco advertising, 249-1
lations, A290-3, A290-7,
23
08-01-2010
Waterfront consistency review,
268-3
Zoning, 280-4,280-13, 280-30,
280-31, 280-38,280-41,
280-45, 280-48,280-52,
280-55, 280-58,280-62,
280-78, 280-79, 280-85,
280-86, 280-98,280-104,
280-118, 280-174 - 280-177,
280-179 -280-181
SALVAGE CENTERS
Access, 211-4
Applications, 211-3
Definitions, 211-1
Fees, 211-3
Liable, 211-6
Parking, 211-3, 211-4
Penalties for offenses, 211-6
Permit, 211-2, 211-3, 211-5,
211-6
Storage, 211-3
SANITARY FACILITIES
Flood damage prevention,
148-I9, 148-20
Junkyards, 166-7
SANITATION
Appearance tickets, 5-2
Sewers and sewage disposal,
215-30
SCALLOPS
Shellfish and other marine re-
sources, 219-8
SCHOOL
Development rights, transfer of,
117-7
Fire prevention and building con-
struction, 144-8
Peddlers, solicitors and transient
retail merchants, 197-10
Sewers and sewage disposal,
215-41
Solid waste, 233-3
Subdivision of land, 240-4,
240-53
Taxation, 245-11
Tobacco advertising, 249-1 -
249-3
Vehicles, motor -driven, 264-6
Zoning, 280-4,280-13, 280-26,
280-38, 280-45, 280-48,
280-52, 280-55, 280-58,
280-62, 280-78, 280-79,
280-143,280-154
SCREEN
Flood damage prevention, 148-16
Highway specifications, 161-22 -
161-24, 161-29, 161-30,
161-42
Sewers and sewage disposal,
215-38
Soil removal, 228-7
Subdivision of land, 240-49
Tourist and trailer camps, 253-16
Zoning, 280-4,280-7, 280-72,
280-78, 280-91- 280-94,
280-129, 280-143
SEEING EYE DOGS
Animals, 83-10
SOUTHOLD INDEX
SEIZURE
Animals, 83-11
Vehicles and traffic, 260-24
SEPTIC SYSTEMS
Sewers and sewage disposal,
215-25
Subdivision of land, 240-10
Wetlands and shoreline, 275-5
SEPTIC TANKS
Junkyards, 166-7
Sewers and sewage disposal,
215-2, 215-4,215-5,215-7,
215-8,215-11,215-12,
215-19,215-21,215-22,
215-27,215-37,215-39
Tourist and trailer camps, 253-7
Wetlands and shoreline, 275-3
Zoning, 280-4
SERVICE STATIONS
Zoning, 280-4, 280-48,280-78
SETBACKS
Agricultural uses, 72-6
Public hearings, notice of, 55-1
Soil removal, 228-5, 228-7
Subdivision of land, 240-19,
240-42,240-43,240-45
Tourist and trailer camps, 253-21
Waterfront consistency review,
268-3
Wetlands and shoreline, 275-2,
275-3,275-5
Wind energy, 277-3
Zoning, 2804, 280-13, 280-15,
280-24,280-28,28043,
280-50, 280-60, 280-64,
280-70, 280-72, 280-76.2,
280-85, 280-104, 280-116,
280-123,280-133, 280-134,
280-137
SEWERS AND SEWAGE DIS-
POSAL
Administration and Enforcement,
215-30 - 215-32
Administration and enforce-
ment officer, 215-30
Compliance required, 215-32
License, 215-31
Notice, 215-31, 215-32
Notice of violation, 215-31
Penalties for offenses, 215-32
Permit, 215-31, 215-32
Sanitation, 215-30
Construction and Alteration,
215-8 - 215-10
Cesspool, 215-8
Civil penalty, 215-9
Fees, 215-10
Penalty, 215-9
Permit, 215-8 - 215-10
Septic tank, 215-8
Construction Requirements,
215-19 - 215-21
Cesspools, 215-19,215-21
Covering, 215-21
Dirt, 215-21
Easement, 215-20
Grass, 215-21
Inspection, 215-21
24
Landscaping, 215-21
Location, 215-20
Permits, 215-21
Septic tanks, 215-19, 215-21
Standards, 215-19
Trespassing, 215-20
Costs and Expenses, 215-33
Assessment of costs, 215-33
Lien, 215-33
Disposal Fees, 215-26
Fee to be set by resolution,
215-26
Effective Date, 215-34
When effective, 215-34
General Provisions, 215-1 -
215-3
Cesspool, 215-2
Definitions, 215-2
Easement, 215-2
Purpose, 215-3
Septic tank, 215-2
Title, 215-1
Water, 215-3
Improper Disposal, 215-27
Cesspool, 215-27
Dumping, 215-27
Septic tank, 215-27
Inspections and Maintenance,
215-22 - 215-25
Cesspool, 215-22
Civil claims, 215-24
Emergency, 215-23
Frequency of inspections,
215-22
Inspections, 215-22, 215-23
Notice, 215-23
Permit, 215-22, 215-23,
215-25
Responsibility of owner,
215-22
Right of entry, 215-23
Right to require maintenance,
215-25
Septic system, 215-25
Septic tank, 215-22
Prohibited Wastes, 215-28,
215-29
Cesspool, 215-28
Discharge, 215-29
Drainage, 215-28
Hazardous substances, 215-28
Industrial waste, 215-28
Prohibited wastes enumerated,
215-28
Water, 215-28
Rates and Fees, 215-16 - 215-18
Construction permits, 215-16
Fees for alteration and con-
struction permits, 215-16
Fees for operation permit,
215-17
Permit, 215-16, 215-17
Tax rate, 215-18
Well, 215-18
Septic Tanks and Cesspools,
215-11 -215-15
Affected properties, 215-11
Cesspool, 215-11, 215-12
08-01-2010
SOUTHOLDINDEX
Exceptions, 215-13
Meters, 215-38
Culling shellfish and restoration
No permit required of tenants,
Multifamily dwellings, 21541
of underwater lands, 219-14
215-14
Notices, 215-37, 215-38,
Definitions, 2194
Permit, 215-11- 215-15
215-41- 215-43, 215-45
Director of Code Enforcement,
Septic tank, 215-11, 215-12
Nuisance, 215-38
219-23
Sewer Rents and Charges,
Obstruction, 215-38
Display, 219-7
21548 - 215-52
Odor, 215-38
Dredges and scrapes, 219-19
Actions to collect rents,
Penalties for offenses, 215738,
Eels, 219-13
215-51
215-40, 215-45
Enforcement, 219-14 -219-23
Assessments, 215-50, 215-52
Permit, 215-37, 215-38,
Expiration, 219-7
Liable, 215-51 -
215-40- 21543
Fees, 219-7
Liens, 215-50,215-51
Persons authorized to work on
Fixed gear, 219-15
Penalty, 21549
sewers, 21542,
Licenses and permits, 219-6,
Penalty for late payment,
Plumbing, 215-36,215-43
219-7
21549
Pollution, 215-38
Mussels, 219-12 -
Purpose, 215-48
Powers and authority of in-
Oysters, 219-10
Rents, 215-49
spectors, 21544
Penalties for offenses, 219-6,
Sewer rent fund, 215-52
Private sewage disposal,
219-22
Sewer Use, 215-35 - 21547
215-37
Permit, 219-16
Abandoned, 215-37, 21543
Privy, 215-37
Planting of shellfish seed, 219-17
Air conditioning, 215-36
Privy vault, 215-37
Prohibited activities, 219-14 -
Animals, 215-37, 215-38
Purpose, 215-35
219-23
Asbestos, 21543
Record, 215-35, 21543
Purpose, 219-5
Ashes, 215-38
Report, 2 15-3 8
Residence requirements, 219-1
Barricades, 21543
Safety, 21544
Restricted areas, 219-14- 219-23
Bond, 215-42
Sale, 215-36
Scallops, 219-8
Building permits, 21541
Schools, 21541
Title, 219-3
Building sewer permits,
Screens, 215-38
Transplanting of shellfish, 219-18
215-41
Septic tanks, 215-37, 215-39
Variances, 219-21
Cesspools, 215-37, 215-39
Severability, 215-47
Vegetation removal prohibited,
Churches, 21541
Standards for building sewers,
219-20
Definitions, 215-36
215-43
SHOPPING CENTERS
Dirt, 215-37
Storage, 215-36, 215-38
Vehicles and traffic, 260-14
Discharges from private sys-
Stormwater, 215-36, 215-38
Zoning, 2804,28048,280-87
tems, 215-39
Tampering prohibited, 215-40
SIGNS
Disconnection, 215-45
Tests, 215-38,21543,21544
Appearance tickets, 5-2
Discretionary monitoring of
Toilet, 215-36
Boats, docks and wharves, 96-23,
effluents, 21546
Toxic substances, 215-38
96-24
Disorderly conduct, 215-40
Tree, 215-43
Coastal erosion hazard areas,
Drainage, 215-36, 215-38,
Trenches, 215-39, 215-43
111-29
215-39
Utility, 215-42,21543
Fire prevention and building con -
Easement, 21543, 21544
Water, 215-36 - 215-38,
struction, 144-8
Emergency, 215-38
215-43
Highway specifications, 161-11,
Excavations, 215-42,21543
Watercourse, 215-36
161-12
Explosion hazard, 215-38
Water pollution, 215-38
Littering, 174-6
Explosive, 215-38
Well, 215-43
Parking, 189-3, 189-4
Fees, 21541
Word usage, 215-36
Parks and recreation areas, 193-3
Flammable, 215-38
Transportation, 2154 - 215-7
Peddlers, solicitors and transient
Fuel, 215-38
Assessment, 215-5
retail merchants, 197-12
Garbage, 215-36 - 215-38
Cesspools, 215-4, 215-5,
Police department rules and regu-
Gas, 215-38
215-7
lations, A290-36
General discharge prohibi-
Fees, 21526
Public hearings, notice of, 55-1
tions, 215-38
License, 2154 - 215-6
Records, 59-15
General waste disposal re-
Penalty, 215-5, 215-7
Solid waste, 233-3, 2334
quirements, 215-37
Reports, 215-5, 215-7
Streets and sidewalks, 237-13,
Grade, 21543
Septic tanks, 2154,215-5,
237-26
Guaranty, 21542
215-7
Subdivision of land, 240-17,
Heat, 215-38
Vehicles, 215-5
240-19, 240-21,240-32
Industrial wastes, 215-36 -
SHELLFISH AND OTHER MA-
Tobacco advertising, 249-4
215-38
RINE RESOURCES
Vehicles and traffic, 260-4,
Inspection, 215-37, 215-38,
Angling for fish, 219-2
260-6,260-8
21541, 215-43, 215-44
Aquaculture/mariculture exemp-
Wetlands and shoreline, 275-11
Insurance, 21542
tion, 219-21
Wind energy, 2774
Liability, 215-38, 21542,
Bay Constable, 219-23
Zoning, 280-4, 280-13, 280-35,
21544
Blue claw crabs, 219-11
280-38,28041,28045,
License, 215-41, 215-42
Clams, 219-9
280-48, 280-52, 280-55,
Licensed drain layers, 21542
Coordination and enforcement,
280-58, 280-62,280-70,
Manholes, 215-38, 21540
219-23
280-78, 280-80 - 280-90,
25
08-01-2010
280-101, 280-131, 280-133,
280-134,280-137
SINGLE-FAMILY DWELLINGS
Fire prevention and building con-
struction, 144-8
Wetlands and shoreline, 275-5
Zoning, 280-27, 280-28, 280-38
SITE DESIGN STANDARDS
Zoning, 280-70
SITE PLAN
Zoning, 280-74
SITE PLAN APPROVAL
Agricultural uses, 72-6
Zoning, 280-71, 280-72
SITE PLAN REVIEW
Solid waste, 233-6
SITE PLANS
Fire prevention and building con-
struction, 144-8
Soil removal, 228-4
Subdivision of land, 24042
Tourist and trailer camps, 253-3
Zoning, 2804, 280-13, 280-17,
280-22, 280-29, 280-31,
280-35,280-38,280-41,
280-45, 280-48, 280-52,
280-55,280-58,280-62,
280-92, 280-104,280-119,
280-127, 280-129 - 280-134,
280-136 - 280-138, 280-151,
280-154
SKETCH PLANS
Highway specifications, 161A
Subdivision of land, 240-7,
240-10, 240-13, 240-16,
240-20
SKETCH PLAT
Subdivision of land, 240-6 -
240-13, 240-17, 240-20,
240-26 - 240-28
SMALL WIND ENERGY SYS-
TEMS
Zoning, 280-13
SMOKE
Fire prevention and building con-
struction, 144-8
Police department rules and regu-
lations, A29045
Tobacco advertising, 249-1
Zoning, 280-13, 28048, 280-58,
280-62,280-99,280-111,
280-143
SMOKE DETECTORS
Fire prevention and building con-
struction, 144-8
SMOKING
Tobacco advertising, 249-1
SNOW AND ICE REMOVAL
Streets and sidewalks, 237-20
SOIL REMOVAL
Assessments, 228-6
Bond, 228-8, 228-9
Building Inspector, 2284
Cash deposit, 228-9
Cesspool, 228-4
Combustible, 228-7
Comprehensive Plan, 228-6
SOUTHOLD INDEX
Drainage, 228-2, 2284,228-5,
228-7
Driveway, 2284
Dust, 228-2, 228-5,228-7
Excavations, 228-1, 228-3 -
228-7
Fees, 228-11
Fences, 2284, 228-7
Fill, 228-7
Garbage, 228-7
Grade, 2284, 228-6,228-7
Grass, 228-7
Hearings, 228-5, 228-12
Height, 228-7
Improvement, 2284
Insurance, 228-6
Intent of regulations, 228-2
Landscaping, 22811
Legislative declaration, 228-1
Lots, 228-7
Newspaper, 228-12
Noise, 228-5
Notices, 228-5, 228-9, 228-12
Nuisance, 228-5
Operations excepted, 228-4
Parking, 228-7
Penalties for offenses, 228-13
Permit, 228-3 - 228-12
Pollution, 228-7
Records, 228-6, 228-9,228-12
Regulations, 228-7
Safety, 228-1, 228-5, 228-7
Screening, 228-7
Setbacks, 228-5, 228-7
Site plan, 228-4
Storage, 228-7
Stormwater, 2284
Vibration, 228-5
Waiver by Town Board, 228-10
Water, 228-2, 2284, 228-5,
228-7
Well, 228-1
Yards, 228-6, 228-11
SOLID WASTE
Garbage, Rubbish and Refuse,
233-1-233-5, 233-7, 233-8
Brush, 233-4
Commercial vehicles, 233-1,
233-4
Conveyance and transportation
of refuse, 233-5
Definitions, 233-1
Demolition, 233-1,233-4
Dumping, 233-1, 233-2,233-7
Emergencies, 233-6
Fees, 233-4, 233-6
Fuel, 233-3
Garbage, 233-1 - 2334
Grass clippings, 2334
Hazardous waste, 233-2
Hearing, 233-8
Hearings, 233-6
Inspection, 2334
Inspections, 233-6
Issuance and duration ofper-
mits and licenses, 233-4
Landscaping, 2334
License, 233-2 - 2334, 233-8
26
Newspaper, 233-1, 233-3
Notice, 233-8
Notices, 233-6
Penalties for offenses, 233-7
Permit, 233-2 - 23311, 233-6,
233-8
Recyclables, 233-1 -233-5
Recycling, 233-7
Registration, 2334
School, 233-3
Signs, 233-3, 23314
Site plan review, 233-6
Town Transfer Station, 233-3
Transfer station special permit,
233-6
Trees, 233-4
Vehicles, 233-1, 233-3-233-5
Yard, 233-3, 233-4
Yard waste, 233-3
SPECIAL EXCEPTIONS
Fire prevention and building con-
struction, 144-8
Zoning, 280-4, 280-13, 280-17,
280-22, 280-35, 280-38,
280-41, 280-45,280-48,
280-52,280-55,280-58,
280-62, 280-71, 280-73,
280-74,280-78, 280-130,
280-131, 280-139 - 280-142,
280-144, 280-146, 280-149,
280-154
SPECIAL EXCEPTION USES
Zoning, 280-4, 280-13, 280-35,
280-38, 28041, 28045,
280-48, 280-58, 280-62,
280-78, 280-140, 280-141,
280-144
SPEED LIMITS
Boats, docks and wharves, 96-13
Highway specifications, 161-12
Transportation access manage-
ment, 64-5
SPRINKLERS
Fire prevention and building con-
struction, 144-8, 144-17
STABLES AND RIDING ACAD-
EMIES
Zoning, 280-13
STEEPSLOPES
Subdivision of land, 240-4
STOP -WORK ORDERS
Fire prevention and building con-
struction, 144-6, 144-13
Flood damage prevention, 148-14
Landmark preservation, 170-12
Waterfront consistency review,
268-6
Wetlands and shoreline, 275-12.1
STORAGE
Boats, docks and wharves, 96-10,
96-25; 96-26
Fire prevention and building con-
struction, 144-8
Flood damage prevention,
148-12,148-16
Harbor management, 157-6,
157-12
08-01-2010
SOUTHOLD INDEX
Highway specifications, 161-29,
STREETLIGHTING
Waiver of insurance and bond
161-30
Highway specifications, 161-3,
requirements, 237-18
Junkyards, 166-3
161-4,161-46
Water, 237-13, 237-16
Parking, 189-7
Police department rules and regu-
Street Numbering, 237-22 -
Records, 59-12, 59-14
lations, A290-37, A290-38
237-29
Salvage centers, 211-3
Subdivision of land, 240-17,
Building Inspector, 237-28
Sewers and sewage disposal,
240-21,24046
Building permit, 237-25,
215-36, 215-38
STREET OPENINGS
237-26
Soil removal, 228-7
Streets and sidewalks, 237-13
Certificate of occupancy,
Subdivision of land, 240-44
Waterfront consistency review,
237-25
Tourist and trailer camps, 253-14
268-3
Changes, 237-24
Vehicles and traffic, 260-24
STREETS AND SIDEWALKS
Compliance deadline, 237-27
Vehicles, motor -driven, 264-19
Notification of Defects, 237-1-
Definitions, 237-23
Waterfront consistency review,
237-3
Display of numbers, 237-26
268-3
Meeting, 237-2
Emergency, 237-22
Zoning, 2804, 280-13, 280-38,
Obstruction, 237-1
Enforcement, 237-28
28041, 28048,280-58,
Prior written notice required,
Fine, 237-29
280-62, 280-78, 280-79,
237-1
Height, 237-26
280-88, 280-101, 280-104,
Statutory provisions super-
Legislative intent, 237-22
280-110, 280-111, 280-118,
seded, 237-3
Numbering system estab-
280-119, 280-134,280-137
Transmission and presentation
lished, 237-24
STORMWATER
of notices, 237-2
Penalties for offenses, 237-29
Fire prevention and building con-
Snow and Ice Removal, 237-19 -
Permit, 237-25, 237-26
struction, 144-10
237-21
Posting of numbers, 237-25
Highway specifications, 161-6,
Church, 237-20
Records, 237-24
161-8, 161-27, 161-29,
Dirt, 237-20
Sign, 237-26
161-30,161-32, 161-36
General maintenance, 237-20
Style and size, 237-26
Sewers and sewage disposal,
Intent, 237-19
Tax bill; 237-27
215-36,215-38
Obstructions, 237-20
Unnamed roads, 237-24
Soil removal, 228-4
Penalties for offenses, 237-21
Vehicles, 237-26
Subdivision of land, 240-11,
Snow and ice removal, 237-20
Well, 237-22
240-19,240-36, 24044,
Vacant lot, 237-20
Subdivision of land, 240-42
240-50,240-51
Weeds, 237-20
SUBDIVISION OF LAND
Wetlands and shoreline, 275-3,
Street Excavations, 2374 -
Additional Requirements,
275-7
237-18
240-52 -240-58
Zoning, 280-129,280-133,
Applications, 237-7
Appeals, 240-57
280-143
Backfilling, 237-13
Comprehensive Plan, 240-53
STORMWATER MANAGE-
Barricades, 237-12, 237-13
Easements, 240-54
MENT
Bond, 237-9, 237-18
Effect on existing plats,
Applications, 236-12
Completion of work, 237-14
240-58
Approved plans, 236-14
Curbs, 237-16
Final plat, 240-52, 240-53
Buffers, 236-13
Definitions, 237-5
Hearing, 240-53
Certificates of occupancy, 236-16
Emergencies, 237-13
Improvement, 240-53
Compliance, 236-11
Fees, 237-10
Liability, 240-54
Definitions and Abbreviations,
Fill, 237-13
Lots, 240-53, 240-57
236-4
Fine, 237-17
Natural features, 240-53,
Discharges, 236-6
Grade, 237-6,237-13
240-54
Enforcement, 236-16
Grass, 237-13
Notice, 240-54
Erosion and sedimentation,
Guarantee, 237-9
Open space, 240-54
236-13
Improvements, 237-6, 237-16
Parks and recreation areas,
Excavations, 236-10, 236-13
Inspection, 237-14
240-52 - 240-54
Fill, 236-10,236-13
Insurance, 237-8, 237-18
Playgrounds, 240-52, 240-53
Floodplains, 236-13
Liable, 237-14
Preliminary plat, 240-53,
Grade, 236-10, 236-13
Lighting, 237-12
240-58
Illicit liquids, 236-7
Notices, 237-11, 237-13
Reservation of lands for pedes -
Inspections, 236-16
Penalties for offenses, 237-17
trian trails, 240-54
Land -disturbing activities, 236-9
Permit, 237-6 - 237-11,
Reservation of parkland on
Penalties for offenses, 236-16
237-13, 237-15 - 237-18
subdivision plats contain -
Permit, 236-10,236-12
Protective measures, 237-12
ing residential units,
Prohibited discharges, 236-7
Repair, 237-16
240-53
Requirements for all stormwater
Responsibility for damages,
Safety, 240-56
discharges, 236-8
237-16
School, 240-53
Statutory authorization, 236-2
Revocation, 237-15
Standards and procedures for
Stormwater runoff control plans,
Short title, 237-4
acceptance of streets,
236-13
Signs, 237-13
240-52
Variances, 236-15
Street opening, 237-13
Time limitations, 240-55
Wetlands, 236-7, 236-13
Trenches, 237-13
Variances, 240-57
Utilities, 237-11, 237-16
Vehicles, 240-54
27
08-01-2010
09111-M, 6 I► t .
Waiver, adjustment of prop-
Meeting, 240-43
Final Plat Review, 240-20 —
erty lines, 240-57
Natural features, 240113
240-25
Waivers of certain provisions,
Notice, 24044
Action on final plats which are
240-56
Odors, 240-44
in substantial agreement
When effective, 240-58
Open space, 240-42 — 240-44
with approved prelimi-
Bonds and Other Security,
Parking, 240-44
nary plats, 240-24
240-31— 240-34
Parks, 240-42
Block, 240-21
Default, 240-34
Penalty, 240-44
Bond, 240-20, 240-23, 240-25
Drainage, 240-32
Playgrounds, 240-43, 24044
Buffer, 240-21
Expiration and terms of bonds,
Protection and use of open
Building permits, 240-25
240-34
space lands created by
Certificate of approval, 240-21
Final plat, 240-31, 240-32
cluster development,
Coordination of review of per -
Forms of security, 240-34
24044
formance bond estimate,
Guarantee, 240-31, 240-33,
Record, 240-44
240-23
240-34
Recreation areas, 240-43,
Curb, 240-21
Guaranty, 240-34
240-44
Drainage, 240-20, 240-21,
Improvements, 240-31—
Residential Low -Density
240-23,240-25
240-34
(R-40) District (one -acre
Easements, 240-21
Inspection, 240-32, 240-33
minimum), 24042
Environmental impact state -
Landscaping, 240-32
Residential Low -Density
ment, 240-22, 240-25
Liens, 240-34
(R-80) District (two -acre
Environmental review, 240-22
Maintenance bond, 240-33
minimum), 24042
Final plats not in substantial
Notification, 240-32
Residential Low -Density
agreement with approved
Performance bond, 240-32
(R-120) District (three-
preliminary plats or when
Permit, 240-34
acre minimum), 240-42
no preliminary plat is re -
Purpose of performance bond,
Residential Low -Density
quired, 240-25
240-31
(R-200) District (five -acre
Fire hydrants, 240-21
Record, 240-34
minimum), 24042
Grade, 240-21
Sale, 240-34
Residential Low -Density
Hearings, 240-25
Sign, 240-32
(8400) District (ten -acre
Improvements, 240-20
Cluster Development, 240-42 —
minimum), 24042
Inspections, 240-20
240-44
Residential Office (RO) Dis-
License, 240-21
Affordable Housing (AHD)
trict, 240-42
Lots, 240-21
District, 240-42
Residential site plans, 240-42
Meeting, 240-23
Agricultural -Conservation (A-
Resort Residential (RR) Dis-
Monuments, 240-21
C) District (two -acre
trict, 240A2
Newspaper, 240-25
minimum), 240-42
Safety, 240-43
Notice, 240-22, 240-25
Animals, 24044
Setbacks, 240-42, 240A3
Open space, 240-21
Assessments, 240-44
Storage, 240-44
Permits, 240-25
Authority and purpose, 240-42
Stormwater, 240-44
Preliminary plats, 240-20,
Buffers, 240-42, 240-43
Streets and sidewalks, 240-42
240-22, 240-24, 240-25
Cluster development, 240-43,
Utility, 240112
Records, 240-21, 240-25
240-44
Vehicles, 240-44
Signs, 240-21
Comprehensive Plan, 24042,
Water, 240-42, 240-44
Sketch plan, 240-20
240-43
Wells, 240-44
Sketch plat, 240-20
Determination of location of
Wildlife, 240-44
Streetlights, 240-21
open spaces created by
Definitions, 240-3
Submission, 240-20
cluster development using
Design Standards, 240-45 —
Technical requirements,
primary and secondary
240-48
240-21
conservation areas,
Plumbing, 240-47
Test, 240-21
240113
Safety, 240115, 240-46
Trees, 240-21
Drainage, 24044
Setbacks, 24045
Utilities, 240-21
Easements, 240-42, 24044
Strectlighting, 240116
Water, 240-21
Emergency, 240-42
Streets, 240-45
Wells, 240-21
Final plat, 240-42, 240-44
Wastewater treatment systems,
General Application Procedure;
General Business (B) District,
240147
Submission Requirements;
240-42
Water, 24048
Fees, 240-6 — 240-8
Hamlet Business (HB) Dis-
Water supply systems, 240-48
Assessment, 240-7
trict, 240-42
Well, 240-45
Bond, 240-7
Hamlet Density Residential
Yard, 240-45
Drainage, 240-7
(HD) District, 240-42
Enforcement, 240-59 — 240-61
Fees, 240-8
Landscaping, 24042, 240-43
Improvements, 240-59
Final plats, 240-8
Lien, 240-44
Lots, 240-59
General application procedure,
Lighting, 24044
Methods of enforcement,
240-6
Limited Business (LB) Dis-
240-61
Grading, 240-6
trict, 240-42
Penalties for offenses, 240-60
Improvement, 240-6
Livestock, 240-44
Violations, 240-59
Preliminary plat, 240-6 —
Lots, 240-42 — 240-44
240-8
28
08-01-2010
SOUTHOLD INDEX
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, 24041
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, 24040
Purpose, 240-2
Official Map, 240-17
Modification of design of im-
Safety, 240-2
Records, 240-17,240-19
provements, 240-40
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, 2404
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, 240-4
Submission, 240-16
tion, 240-39
Official Map, 240-4
Technical requirements,
Safety, 240-38
Off-street parking, 2404
240-17
Stormwater, 240-36
Parking, 2404
Test, 240-17
Testing, 240-35, 240-36
Parks, 2404
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, 240-4
240-15
Water, 240-35, 240-36
Steep slopes, 240-4
Water, 240-17,240-19
Watercourse, 240-41
Subdivision classifications,
Wells, 240-17
Wells, 240-35, 240-36
240-5
Preservation of Natural Features,
Sketch Plat Review, 240-9 -
Utility, 2404
240-49 - 240-51
240-14
Water, 2404
Buffer, 24049
Action on sketch plat, 240-13
Wells, 240-4
Certificate of occupancy,
Affordable housing, 240-10
Open Development Area,
240-49
Affordable Housing (AHD)
240-26 - 240-30
Clearing, 240-49
District, 240-10
Bond, 240-30
Drainage, 240-51
Appeals, 240-10
Creation of lots, 240-30
Easements, 240-51
Block, 240-10
Drainage, 240-30
Final plat, 240-51
Building permits, 240-10
Easement, 240-26 - 240-28
Floodplains, 240-50
Cluster development, 240-10
Establishment, 240-26
Grade, 240-51
Comprehensive Plan, 240-10,
Final plat, 240-28
Grading, 240-49,240-51
240-11
General requirements, 240-27
Improvement, 240-51
Construction, 240-10
Hearings, 240-29,240-30
Landscaping, 240119
Coordination with other agen-
Improvements, 240-30
Lots, 240-49, 240-51
cies, 240-12
Lots, 240-26, 240-27, 240-30
Open space, 24049
Costs and expenses, 240-10
Notice, 240-29,240-30
Permit, 240-49, 240-51
Decision, 240-13
Permits, 240-26
Screen, 240-49
Drainage, 240-9 - 240-11
Procedure, 240-29
Stormwater, 240-50, 240-51
Easements, 240-10
Records, 240-29
Stormwater, drainage and ero-
Emergency, 240-10
Sketch plat, 240-26 - 240-28
sion control, 240-51
Expiration, 240-14
Submission requirements,
Trees, 240-49
Fees, 240-10
240-28
Water, 240-51
Final plat, 240-13
Preliminary Plat Review,
Required Public Improvements;
Fire hydrants, 240-10
240-15 - 240-19
Inspections; Fees, 240-35 -
Grades, 240-10
Action on preliminary plat,
240-41
Grass, 240-10
240-19
Abandoned, 240-37
Hearings, 240-10, 240-13
Block, 240-17
Administration fee, 240-37
Height, 240-10
Buffer, 240-17
Backfilling, 240-36
Improvements, 240-9, 240-10
Comprehensive Plan, 240-19
Bond, 240-35,240-37
Inspection, 240-9
Curbs, 240-17
Bonding, 240-35
Lots, 240-10
Drainage, 240-17, 240-19
Design standards, 240-36
Master Plan, 240-10
Easements, 240-17
Drainage, 240-35 - 240-37,
Meeting, 240-13
Environmental impact state-
24041
Moderate -income family
ment, 240-18, 240-19
Excavation, 240-36
dwelling units, 240-10
Environmental review, 240-18
Fencing, 240-36
Monuments, 240-10
Final plat, 240-15, 240-16,
Final plat, 240-35, 240-36,
Notice, 240-13
240-19
24041
Official Map, 240-10
Fire alarm, 240-17
Fire hydrants, 240-35, 240-36
Open space, 240-10
Fire hydrants, 240-17
Gas, 240-35
Parks, 240-10 L
Grade, 240-17, 240-19
Grading, 24041
Permit, 240-10
Hearings, 240-19
Guaranties, 240-38
Planning Board, 240-10
Improvements, 240-16,240-17
Improvements, 240-36
29
08-01-2010
SOUTHOLD INDEX
Preliminary plat, 240-10,
Notice, 245-4,245-6
TOILET FACILITIES
240-13
Offenses, 245-5
Parks and recreation areas, 193-4
Record, 240-10
Partial exemption for senior
Sewers and sewage disposal,
Recreation area, 240-10
citizens, 245-1
215-36
Review of sketch plat, 240-11
Penalties for offenses, 245-5
TOPSOIL REMOVAL
Safety, 240-10
Reapplication, 2454
Highway specifications, 161-10
Septic systems, 240-10
Retirement, 245-1, 245-2
TOURIST AND TRAILER
Sketch plans, 240-10, 240-13
Sale, 245-1, 245-2
CAMPS
Stormwater, 240-11
Veterans' Exemption, 245-8,
General Regulations, 253 -1 -
Submission, 240-9
245-9
253-19
Technical requirements,
Amount of exemption, 245-9
Application, 253-3
240-10
Assessments, 245-8, 245-9
Brush, 253-5
Trees, 240-10
Purpose, 245-8
Communicable diseases,
Utilities, 240-10
Veterans, 245-8
253-14
Waivers, 240-10
War veterans and gold star par-
Definitions, 253-1
Water, 240-9 - 240-11
ents tax exemption, 245-15,
Distance between cottages and
Wells, 240-9,240-10
245-16
other buildings or trailers,
Zoning, 280-137
TENTS
253-9
SWIMMING POOLS
Public entertainment and special
Distance from property lines
Fire prevention and building con-
events, 205-1
and roadways, 253-10
struction, 1448
TESTS
Drainage, 253-5
Wetlands and shoreline, 275-3,
Fire prevention and building con-
Driveways, 253-3, 253-10,
275-11
struction, 144-5, 144-19
253-11
Zoning, 280-4, 280-13, 280-52,
Highway specifications, 161-2,
Duties of owner, 253-14
280-55
161-6, 161-26, 161-29,
Entrances and exits, 253-15
161-30,161-40, 161-46
Fees, 253-4
Police department rules and regu-
Fence, 253-15
- T -
lations, A290-45
Fine, 253-19
TAXATION
Sewers and sewage disposal,
Fire extinguisher, 253-14
Business Investment Exemption,
215-38, 215-43, 215-44
Garbage, 253-7, 253-14
245-7
Subdivision of land, 240-17,
Garbage collection, 253-7
Exemption repealed,
240-21, 240-35, 240-36
Graded, 253-5
Cold War veterans' tax exempemp-
Wetlands and shoreline, 275-4
Hearing, 253-2,253-4
tion,
Zoning, 280-48, 280-58,280-62
Inspection, 253-13
Definitions, 245-17
ions, 2, 5-17
TIRES
License, 253-3
Exemption granted, 245-18
Junkyards, 166-1
Lighting, 253-3
Exemption for Disabled Persons
Littering, 174-3
Management, 253-12
With Limited Income,
Zoning, 28048
Minimum unit dimensions,
245-10
TOBACCO
253-8
Disabilities, 245-10
Police department rules and regu-
Newspaper, 253-4
Exemption granted, 245-10
lations, A290-15
Nonapplicability, 253-18
Exemption for Volunteer Fire
Tobacco advertising, 249-1 -
Notice, 2534
Fighters and Ambulance
249-5
Other ordinances and regula-
Workers, 245-11, 245-12
TOBACCO ADVERTISING
tions, 253-17
Amount, 245-11
Definitions and word usage,
Penalties for offenses, 253-19
Applicability, 245-14
249-2
Permit, 253-2 - 253-4
Assessments, 245-11, 245-12
Exceptions, 2494
Public hearing, 253-4
Effective date, 245-12
Legislative intent and findings,
Records, 253-13
Exemption granted, 245-11
249-1
Registration, 253-14
Qualifications, 245-11
License, 249-2
Report, 253-14
School, 245-11
Minors, 249-1
Roadways and driveways,
Unremarried spouses of volun-
Parks, 249-1
Penalties for offenses, 249-6
253-11
Screening by plantings, 253-16
teers killed in line of duty,
Permit, 249-2
Septic tanks, 253-7
245-13
Historic properties tax exemption,
Report, 249-1
Sewer system, 253-7
245-19
Restrictions, 249-3
Site plan, 253-3
Real property exemption,
Sales, 249-1
Site requirements, 253-5
245-19
Schools, 249-I - 249-3
Storage, 253-14
Senior Citizen Exemption,
Severability, 249-7
Trespassing, 253-I5
245 -1 - 245-6
Sign, 249-4
Trespass on adjoining prop -
Applications, 245-3
Smoke, 249-1
erty, 253-15
Assessment, 2454
Smoking, 249-1
Vehicles, 253-14
Conditions, 245-2
Time frame for compliance,
Water, 253-3, 253-6,253-14
Drug, 245-1
249-5
Water supply253-6
pp y'
Fine, 245-5
-5
Tobacco, 249-1 - 249-5
Weeds, 253-5
Hearing, 5-4
Variance, 249-1
Well, 253-5, 253-11
Insurance,
Well, 249-1
Recreational Vehicle Parks,
When effective, 249-8
253-20 - 253-24
30 08-01-2010
SOUTHOLD INDEX
Applicability of other chapter
Subdivision of land, 240-10,
Tobacco advertising, 249-1
provisions, 253-24
240-17,240-21, 240-49
Waterfront consistency review,
Dates of operation, 253-23
Vehicles and traffic, 260-4, 260-6
268-3, 268-5
Definitions, 253-20
Wetlands and shoreline, 275-2
Zoning, 280-10, 280-28, 280-30,
Drainage, 253-22
Wind energy, 277-3
280-76.3, 280-81, 280-86,
Driveways, 253-22
Zoning, 280-83, 280-92 - 280-95,
280-92, 280-121, 280-131,
Parks, 253-23
280-98, 280-118,280-129,
280-137, 280-146,280-149,
Roadways and driveways,
280-130,280-133, 280-136
280-154
253-22
TRENCHES
VEHICLES
Setbacks, 253-2-1
Highway specifications, 161-36
Alcoholic beverages, 79-1
Site requirements, 253-21
Sewers and sewage disposal,
Appearance tickets, 5-2
Time limit for accommoda-
215-39,215-43
Bicycles, 88-1 - 88-6
tion, 253-23
Streets and sidewalks, 237-13
Boats, docks and wharves, 96-9,
Vehicles, 253-20, 253-21,
TRESPASSING
96-24
253-23,253-24
Sewers and sewage disposal,
Buildings, unsafe, 100-3, 1004
Yard, 253-21
215-20
Coastal erosion hazard areas,
TOWERS
Tourist and trailer camps, 253-15
111-16
Wind energy, 277-2 - 277-4,
Vehicles, motor -driven, 264-14
Filming, 139-3
277-7
TWO-FAMILY DWELLINGS
Flood damage prevention, 148-4,
Zoning, 2804,280-104
Zoning, 280-13
148-13 -148-16, 148-21,
TOWING
148-22
Boats, docks and wharves, 96-12
General provisions, 1-2
Police department rules and regu-
- U -
Highway specifications, 161-7,
lations, A290-15
161-20
TOWN ATTORNEY
UNSAFE BUILDINGS, see
Littering, 174-1, 174-3, 174-6
Wind energy, 277-7
BUILDINGS, UNSAFE
Parking, 189-1 - 189, 189-7
Zoning, 280-175
UTILITIESFlood
Parks and recreation areas, 193-1,
TOWN BOARD
damage 148-3
ge prevention, ,
193-3, 193-4
Wind energy, 277-7
148-13,148-15, 148-16,
Peddlers, solicitors and transient
Zoning, 280-173, 280-174,
148-19 -148-22
retail merchants, 197-10
280-176, 280-177,280-180
Highway specifications, 16146
Police department rules and regu-
TOWN CLERK
Sewers and sewage disposal,
lations, A290-11, A290-15,
Zoning, 280-174
215-42,21543
A290-33, A29045
TOXIC SUBSTANCES
Streets and sidewalks, 237-11,
Sewers and sewage disposal,
Sewers and sewage disposal,
237-16
215-5
215-38
Subdivision of land, 240-4,
Solid waste, 2334, 233-3 - 233-5
TRAILERS
240-10, 240-17, 240-21,
Streets and sidewalks, 237-26
Parking, 189-2
240-35, 240-36, 240-41,
Subdivision of land, 240-44,
Vehicles and traffic, 260-8.1
240-42
240-54
Zoning, 280-137
Vehicles and traffic, 260-8
Tourist and trailer camps, 253-14,
TRANSPORTATION ACCESS
Waterfront consistency review,
253-20,253-21, 253-23,
MANAGEMENT
268-3
253-24
Definitions, 64-3
Wetlands and shoreline, 275-11
Transportation access manage -
Duties of Commission, 64-5
Wind energy, 277-2 - 277-4
ment, 64-5
Improvements, 64-5
Zoning, 280-2, 280-4, 280-13,
Vehicles and traffic, 260 -1 -
Lighting, 64-5
280-22, 280-29, 280-58,
260-3, 260-7, 260-8, 260-8.1,
Litter, 64-5
280-62, 280-83, 280-112,
260-9 - 260-27
Noise, 64-5
280-127, 280-129,280-133
Vehicles, motor -driven, 264 -1 -
Parking, 64-5
264-7,264-9, 264-11,
Purpose, 64-2
- V
264-14- 264-16, 264-18 -
Report, 64-4
264-20
Safety, 64-5
VACANT LOT
Zoning, 280-2, 2804, 280-48,
Speed limits, 64-5
Fire prevention and building con-
280-58, 280-77 - 280-79,
Title, 64-1
struction, 144-8
280-99, 280-110, 280-129,
Transportation Commission, 64-4
Streets and sidewalks, 237-20
280-143
Vehicle, 64-5
Zoning, 280-30
VEHICLES AND TRAFFIC,
Water, 64-5
VARIANCES
260-14
When effective, 64-6
Agricultural uses, 72-3, 72-11
Emergency Removal of Vehicles,
TREES
Coastal erosion hazard areas,
260-23 - 260-25
Filming, 139-9
111-20- 111-24,111-27
Abandoned, 260-23
Highway specifications, 161-3,
Ethics, 26-17
Authority to remove vehicles,
161-11, 161-16, 161-29,
Flood damage prevention, 148-4,
260-23
161-30,161-42,161-44
148-7,148-9,148-14,
Emergency, 260-23
Parks and recreation areas, 193-2
148-22, 148-23
Fees, 260-24
Sewers and sewage disposal,
Shellfish and other marine re-
Impoundment, 260-24
215-43
sources, 219-21
Notices, 260-25
Solid waste, 233-4
Stormwater management, 236-15
Obstruction, 260-23
Subdivision of land, 240-57
Parking, 260-23
31
08-01-2010
SOUTHOLD INDEX
Seizure, 260-24
Stop and Yield Intersections,
VETERANS
Storage, 260-24
260-4 - 260-6
Taxation, 245-8
General Provisions, 260-1, 260-2
School, 260-6
VETERANS TAX EXEMPTION,
Authority to install traffic con-
Signs, 260-4, 260-6
see WAR VETERANS AND
trol devices, 260-2
Stop intersections with flash-
GOLD STAR PARENTS
Definitions of words and
ing signals, 260-5
VIBRATIONS
phrases, 260-1
Stop intersections with stop
Highway specifications, 161-21
Parking, 260-1
signs, 2604
Soil removal, 228-5
One -Way Streets, 260-3
Tree, 260-4,260-6
Zoning, 280-48,280-58, 280-62,
Parking, Standing and Stopping,
Wells, 260-4,260-6
280-99, 280-111, 280-143
260-7 - 260-22
Yield intersections, 260-6
Additional parking regula-
Truck Traffic, 260-26
tions, 260-18
Restricted truck traffic, 260-26
_W_
W -
Application,
Application, 260-7
Safety, 260-26
Bus stops, 260-21
Zoning, 280-137
WAIVERS
Church, 260-17
VEHICLES, MOTOR -DRIVEN
Subdivision of land, 240-10
Driveways, 260-9, 260-15,
Motor -Driven Vehicles, 264-14 -
Zoning, 280-76.2
260-17, 260-18
264-22
WAR VETERANS AND GOLD
Fire hydrants, 260-14, 260-18
Abandoned, 264-19
STAR PARENTS TAX EX -
Fire lanes, 260-14
Confiscation and redemption
EMPTION
Fire wells, 260-14, 260-16
of vehicles, 264-19
Definitions and Abbreviations,
Fire zones, 260-14, 260-20
Drugs, 264-15
245-15
Handicapped parking, 260-17
Emergency vehicles, 264-18
Exemption granted, 245-16
License, 260-9, 260-17
Enforcement, 264-17
Taxation, 245-I5, 245-16
Loading zones, 260-22
Exceptions, 264-18
WATER
Lots, 260-12
Fine, 264-20
Animals, 83-3, 83-4
No stopping zones, 260-19
Intent, 264-14
Boats, docks and wharves, 96-12,
Parking, 260-8 - 260-12,
Liable, 264-20
96-16,96-26
260-14 -260-22
Nuisance, 264-14
Coastal erosion hazard areas,
Parking for limited time only,
Penalties for offenses, 264-20
111-5 - 111-7,111-10,
260-11
Permit, 264-15, 264-20
111-13, 111-14, 111-29
Parking or standing prohibited
Presumptive evidence, 264-16
Community Preservation Fund,
during certain times,
Restitution, 264-20
17-8
260-15
Restrictions, 264-15
Development rights, transfer of,
Parking prohibited at all times,
Safety, 264-14, 264-15
117-7
260-8
Severability, 264-21
Fire prevention and building con -
Parking prohibited during cer-
Storage, 264-19
struction, 144-8, 144-10
tain hours, 260-9
Trespassing, 264-14
Flood damage prevention, 148-2,
Parking prohibited during cer-
When effective, 264-22
148-3, 148-14 - 148-16,
tain months, 2 60- 10
Unlicensed Motor -Driven Vehi-
148-18, 148-19,148-22
Permit, 260-9, 260-17
cles, 264-1- 264-13
Harbor management, 157-1,
Public parking lots, 260-12
Conflicts with state law,
157-5
Shopping center, 260-14
264-11
Highway specifications, 161-11,
Signs, 260-8
Definitions, 264-3
161-30,161-39, 161-44
Stopping prohibited at all
Exceptions, 264-6
Housing fund, 34-6
times, 260-13
Impound, 264-9
Junkyards, 166-4
Trailer parking prohibited at
Impounded, 264-9
Littering, 1744
all times, 260-8.1
Impoundment, 264-9
Parking, 189-1
Utility, 260-8
Improvement, 264-6
Parks and recreation areas, 1934
Vehicles, 260-8.1
Notice, 264-8
Police department rules and regu-
Penalties, 260-27
Operation on private property
Iations, A29045
Bus stop, 260-27
restricted, 264-5
Sewers and sewage disposal,
Curb, 260-27
Operation on Town property
215-3,215-28, 215 -36 -
Driveway, 260-27
prohibited, 2644
215-38,21543
Fines, 260-27
Parents or guardians to be no-
Soil removal, 228-2,2284,
Fire hydrant, 260-27
tified of violations, 264-8
228-5,228-7
Fire lanes, 260-27
Penalties for offenses, 264-10
Streets and sidewalks, 237-13,
Fire zone, 260-27
Permit, 264-7
237-16
Handicapped parking, 260-27
Purpose, 264-2
Subdivision of land, 240-4,
Inspection, 260-27
Registration, 264-11
240-9 -240-11, 240-17,
Lots, 260-27
Responsibility of parents or
240-19, 240-21, 240-35,
Parking, 260-27
guardians, 264-7
240-36, 240-42, 240-44,
Penalties for offenses, 260-27
Safety, 264-2
240-48, 240-51
Permit, 260-27
School, 264-6
Tourist and trailer camps, 253-3,
Registration, 260-27
Severability, 264-12
253-6, 253-14
Vehicle, 260-27
Title, 264-1
Transportation access manage -
Wells, 260-27
When effective, 264-13
ment, 64-5
32 08-01-2010
Waterfront consistency review,
268-2,268-3, 268-5
Wetlands and shoreline, 275-2 -
275-4,275-7,275-11,275-12
Zoning, 280-2,280-4,280-7,
280-8,280-13,280-16,
280-22, 280-29, 280-34,
280-35, 280-51, 280-54,
280-55, 280-91, 280-96,
280-99, 280-104, 280-112,
280-113, 280-116, 280-128,
280-129, 280-133, 280-143,
280-174
WATERCOURSES
Fire prevention and building con-
struction, 144-10
Flood damage prevention,
148-13,148-14
Sewers and sewage disposal,
215-36
Subdivision of land, 240-41
Zoning, 280-133
WATERFRONT CONSISTENCY
REVIEW
Animals, 268-3
Appeals, 268-4, 268-5
Assessment, 268-3, 268-5
Authority and purpose, 268-2
Building Inspector, 268-6
Definitions, 268-3
Emergency, 268-3
Enforcement, 268-6
Erosion and sedimentation, 268-2
Hazardous materials, 268-3
Hazardous substances, 268-5
Inspections, 268-3,268-5
Investigations, 268-3
Landscaping, 268-3
Management and coordination of
LWRP, 268-4
Open space, 268-2, 268-5
Penalties for offenses, 268-7
Pension, 268-3
Permit, 268-3
Pollution, 268-3
Report, 268-4
Retirement, 268-3
Review of actions, 268-5
Sale, 268-3
Setbacks, 268-3
Stop -work order, 268-6
Storage, 268-3
Street openings, 268-3
Title, 268-1
Utility, 268-3
Variances, 268-3, 268-5
Water, 268-2, 268-3, 268-5
Wildlife, 268-2,268-3
WATER POLLUTION
Boats, docks and wharves, 96-26
Sewers and sewage disposal,
215-38
Wetlands and shoreline, 275-3
WATER SUPPLY
Zoning, 280-174
WEAPONS
Parks and recreation areas, 193-6
SOUTHOLD INDEX
Police department rules and regu-
lations, A290-15, A290-33
WEEDS
Highway specifications, 161-42
Streets and sidewalks, 237-20
Tourist and trailer camps, 253-5
Wetlands and shoreline, 275-2
See also BRUSH, GRASS AND
WEEDS
WELLS
Highway specifications, 16I-3
Parking, 189-2
Subdivision of land, 240-4,
240-10, 240-17, 240-21,
240-35,240-44
Vehicles and traffic, 260-4,
260-6,260-12,260-14,
260-16,260-27
Zoning, 280-133
WETLANDS
Community Preservation Fund,
17-13
Stormwater management, 236-7,
236-13
WETLANDS AND SHORELINE
Administration and Enforcement,
275-15, 275-16
Bay Constable, 275-15
Compliance requirements,
275-16
Coordination and enforcement,
275-15
Director of Code Enforcement,
275-15
Failure to comply, 275-16
Fine, 275-16
Notice, 275-16
Penalties for offenses, 275-15,
275-16
Permit, 27546
Zoning Inspector, 275-15
General Provisions, 275-1 -
275-3
Accessory structure, 275-2
Assessment, 275-4
Buffer, 275-2
Cesspool, 275-3
Definitions, 275-2
Demolition, 275-2
Driveway, 275-3
Erosion and sedimentation,
275-3
Exceptions, 2754
Fence, 275-2
Findings, 275-3
Flood hazard areas, 275-3
Grass, 275-2
Improvement, 275-3
Jurisdiction, 275-3
Landscaping, 275-3
Permit, 275-2, 2754
Pollution, 275-3
Purpose, 275-3
Safety, 275-3
Septic tank, 275-3
Setbacks, 275-2, 275-3
Stormwater, 275-3
Swimming pool, 275-3
33
Test, 2754
Title, 275-1
Trees, 275-2
Water, 275-2 - 275-4
Weeds, 275-2
Wildlife, 275-3,275-4
Word usage, 275-2
Yard, 275-4
Permits, 275-5 - 275-12,
275-12.1,275-13,275-14
Accessory structures, 275-5
Administrative permits, 275-5
Application, 275-6
Assessment, 275-6
Backfilling, 275-11
Barricades, 275-11
Bay Constable, 275-12.1
Bond, 275-9
Buffers, 275-5, 275-7, 275-11
Catwalks, 275-11
Certificate of compliance,
275-10, 275-13
Cesspools, 275-5
Code Enforcement Officer,
275-12.1
Conditions, inspection fees,
performance guarantee
upon issuance of permit,
275-9
Construction and operation
standards, 275-11
Contents of permit, 275-10
Costs and expenses, 275-11
Demolition, 275-5
Docks, 275-5, 275-11
Drainage, 275-5 - 275-7,
275-11
Dredging, 275-11
Driveways, 275-5
Easement, 275-11
Emergency permits, 275-11
Excavation, 275-11
Failure to comply, 275-11
Fees, 275-7
Fences, 275-5, 275-11
Fill, 275-6, 275-11
Fuel, 275-5
Fuel tanks, 275-5
Garbage, 275-11
Grading, 275-7, 275-11
Grass, 275-11
Guarantee, 275-9, 275-10
Hearings, 275-8
Height, 275-11
Impoundment, 275-6
Improvement, 275-5
Inspections, 275-7,275-9 -
275-11
Insurance, 275-9
Investigation, 275-8
Landscaping, 275-11
Liability, 275-9
Licenses, 275-6
Liens, 275-11
Lighting, 275-11
Meeting, 275-8
Monument, 275-6
Notice, 275-8 - 275-10
08-01-2010
SOUTHOLD INDEX
Notices, 275-11
Setbacks, 277-3
Certificates of occupancy,
Pedestrians, 275-11
Signs, 277-4
280-151,280-154
Penalties for offenses,
Towers, 277-2 - 277-4, 277-7
Fine, 280-155
275-12.1
Town Attorney, 277-7
Inspections, 280-151, 280-154
Permit procedures, 275-5
Town Board, 277-7
Nonconforming use, 280-154
Processing of application,
Trees, 277-3
Notice, 280453, 280-155
275-8
Utilities, 277-2 - 277-4
Penalties for offenses,
Propanelliquid gas tanks,
Zoning, 280-13
280-155,280-156
275-5
WINERIES
Permit, 280-151 -280-154
Reports, 275-7, 275-8
Zoning, 280-13
Records, 280-151, 280-154
Restaurants, 275-11
Remedies, 280-156
Safety, 275-11, 275-12
Report, 280-151
Septic systems, 275-5
- Y -
Right of entry, 280-151
Setbacks, 275-5
School, 280-154
Signs, 275-11
YARDS
Site plan, 280-151, 280-154
Single-family dwellings, 275-5
Fire prevention and building con-
Special exception, 280-154
Standards for issuance of per-
struction, 144-8, 144-10
Stop orders, 280-153
mit, 275-12
-highway specifications, 161-24
Variance, 280-154
Stop -work orders, 275-12.1
Soil removal, 228-6, 228-11
Affordable Housing (AHD) Dis-
Stormwater, 275-7
Solid waste, 233-3, 233-4
trict, 280-24 - 280-33
Swimming pools, 275-11
Subdivision of land, 240-45
Accessory uses, 280-27
Transferability, 275-14
Tourist and trailer camps, 253-21
Administration, 280-31
Utilities, 275-11
Wetlands and shoreline, 2754,
Age restrictions, 280-30
Water, 275-7, 275-11, 275-12
275-7
Apartments, 280-27
Wildlife, 275-7, 275-11,
Zoning, 280-4,280-7, 280-8,
Appeals, 280-28, 280-31
275-12
280-13, 280-15, 280-28,
Applicability, 280-26
Yards, 275-7
280-41, 280-43, 280-48,
Application procedure, 280-29
Zoning Inspector, 275-12.1
280-50, 280-58,280-60,
Building Inspector, 280-31
WILDLIFE
280-62, 280-64, 280-78,
Building permit, 280-31
Coastal erosion hazard areas,
280-79, 280-86, 280-93,280-96,
Bulk, area and parking regula-
111-6, 111-12 - 111-15
280-104 - 280-106,
tions, 280-28
Community Preservation Fund,
280-109,280-122,280-124,
Certificate of occupancy,
17-4,17-8
280-143
280-31, 280-33
Parks and recreation areas, 193-6
YARD WASTE
Comprehensive Plan, 280-29
Subdivision of land, 240-44
Solid waste, 233-3
Definitions, 280-25
Waterfront consistency review,
YOUTH BOARD
Fine, 280-33
268-2, 268-3
Appointments, 68-5
General regulations and re -
Wetlands and shoreline, 275-3,
Definitions and Abbreviations,
quirements, 280-30
275-4, 275-7, 275-11, 275-12
68-2
Hearing, 280-26, 280-29
Zoning, 280-129, 280-133
Membership, 68-5
Height, 280-28
WIND ENERGY
Powers and duties, 68-5
Improvements, 280-25,280-30
Small Wind Energy Systems,
Removal of members, 68-5
Lots, 280-30, 280-31
277-1 - 277-7
Salaries and compensation, 68-5
Maintenance and upkeep,
Abandonment of use, 277-6
Terms of office, 68-5
280-32.1
Advertising, 277-4
Youth Bureau, 68-3, 684
Meeting, 280-29
Anchoring, 277-4
YOUTH BUREAU
Newspapers, 280-26
Application, 277-2
Youth Board, 68-3, 68-4
Notice, 280-26, 280-29,
Block, 277-2
Youth Bureau Director, 68- 4
280-30
Building Inspector, 277-7
YOUTH BUREAU DIRECTOR
Off-street parking, 280-27,
Building permits, 277-3, 277-6
Powers and duties, 684
280-28
Code Enforcement Officer,
Youth Bureau, 68-4
Parking, 280-27,280-28
277-7
Penalties for offenses,
Construction standards, 2774
280-32.1, 280-33
Costs and expenses, 277-6
- Z
Permit, 280-31
Definitions, 277-1
ZONING
Permitted uses, 280-27
Development standards, 277-3
Accessory buildings and struc-
Purpose, 280-24
Enforcement, 277-7
tures, 280-15
Records, 280-31
Fees, 277-5
Administration and Enforcement,
Reports, 280-29, 280-30
Fences, 277-4
280-151 - 280-156
Residency requirements,
Height regulations, 277-2 -
Accessory buildings, 280-154
280-30
277-4
Administrative and enforcing
Safety, 280-28
Lighting, 277-4
officer, 280-151
Sales, 280-30, 280-31
Noise, 277-2, 277-3
Appeals, 280-154
Schools, 280-26
Notices, 277-3
Building Inspector, 280-151 -
Setbacks, 280-24, 280-28
Penalties for offenses, 277-7
280-155
Single-family dwellings,
Permit, 277-3, 277-6,277-7
Building permits, 280-151 -
280-27,280-28
Remedies for violations, 277-7
280-153
Site plan, 280-29, 280-31
Safety standards, 277-3
Use regulations, 280-27
34
08-01-2010
SOUTHOLD INDEX
Utilities, 280-29
Setbacks, 280-13, 280-15
Water, 280-174
Vacant lot, 280-30
Signs, 280-13
Water supply, 280-174
Variance, 280-28
Site plan, 280-13
Zoning approval, 280-174
Variances, 280-30
Small wind energy systems,
Zoning Map, 280-174,
Water, 280-29
280-13
280-175
Well, 280-31
Smoke, 280-13
Agricultural uses, 72-5
Yards, 280-28
Special exception, 280-13
Amendments, 280-157-280-159
Zoning Map, 280-29
Special exception uses, 280-13
Additional notice requirements
Agricultural -Conservation (A -C)
Stables and riding academies,
relating to petitions for
District and Low -Density
280-13
proposed amendments,
Residential R-80, R-120,
Storage, 280-13
280-159
R-200 and R-400 Districts,
Swimming pools, 280-13
Assessment, 280-159
28042 — 280-14
Two-family dwellings, 280-13
Fees for petitions for proposed
Accessory buildings and struc-
Use regulations, 280-13
amendments, 280-158
tures, 280-13
Utility, 280-13
Hearings, 280-157,280-159
Accessory structures, 280-13
Water, 280-13
Meeting, 280-157
Accessory uses, 280-13
Well, 280-12, 280-13
Newspaper, 280-157, 280-159
Animals, 280-13
Wind energy systems, 280-13
Notice, 280-157,280-159
Apartments, 280-13
Wineries, 280-13
Procedures, 280-157
Apartments, accessory, 280-13
Yard, 280-13, 280-15
Report, 280-157
Appeals, 280-13
Agricultural Planned Develop-
Zoning Map, 280-157 —
Application review, 280-13
ment District, 280-170 —
280-159
Bed -and -breakfast, 280-13
280-181
Board of Appeals, 280-145 —
Building Inspector, 280-13
Accessory uses, 280-172
280-150
Bulk, area and parking regula-
Application and review proce-
Accessory buildings, 280-149
tions, 280-14
dure, 280-174
Accessory structures, 280-149
Cemeteries, 280-13
Building permits, 280-180
Additional conditions and
Certificate of compliance,
Classification, 280-172
safeguards, 280-147
280-13
Clearing house, 280-179
Appeals, 280-145 — 280-150
Certificate of occupancy,
Conditions, 280-180
Appointment, 280-145
280-13
Conditions of approval,
Building Inspector, 280-146
Communicable diseases,
280-175
Fees, 280-149
280-13
Costs and expenses, 280-177
Fences, 280-149
Drug, 280-13
County Clerk, 280-175
Hearings, 280-146,280-150
Dust, 280-13
Definitions, 280-171
Membership, 280-145
Emergency, 280-13
Disclosure provisions,
Notice, 280-146,280450
Farms and farming, 280-13
280474
Permits, 280-146,280-149
Fees, 280-13
Easements, 280-175, 280-177,
Permitted use, 280-146
Fence, 280-13
280-179,280-180
Powers and duties, 280-146
Fumes, 280-13
Farms and farming, 280-174
Rules of conduct and proce-
Garages, 280-13
Fire protection, 280-174
dure, 280-148
Gas, 280-13
Hearings, 280-174, 280-175,
Safety, 280-146
Hearings, 280-13
280-177
Special exceptions, 280-146,
Height regulations, 280-15
Improvements, 280-174
280-149
Home occupations, 280-13
Lots, 280-173
Variances, 280-146,280-149
Hospitals, 280-13
Meetings, 280-173,280-174
Zoning Map, 280-146
Inspection, 280-13
Notices, 280-174
Density, Minimum Lot Size and
Kennels, 280-13
Open space, 280-181
Bulk Schedules, 280-65,
Lighting, 280-13
Permit, 280-180
280-66
Lots, 280-13,280-15
Permitted uses, 280-175
Conformance required, 280-66
Noise, 280-13
Planning Board, 280-174,
Incorporation of new sched-
Odor, 280-13
280-181
ules, 280-65
Off-street parking, 280-13
Price for development rights,
Parking, 280-65
One -family dwelling, 280-13
280-176
Repeal of existing schedule,
Parking, 280-13, 280-14
Purpose, 280-170
280-65
Penalties for offenses, 280-13
Reports, 280-174
Districts, 280-5 — 280-11
Permit, 280-13
Requirements for eligibility,
Appeals, 280-9
Permitted uses, 280-13
280-173
Building Inspector, 280-6,
Places of worship, 280-13
Sales, 280-174 — 280-177,
280-8
Playgrounds, 280-13
280-179 — 280-181
Building permits, 280-8 —
Purpose, 280-12
Subdivision, 280-181
280-10
Radiation, 280-13
Subsequent development right
Certificate of occupancy,
Registry of permits, 280-13
sales to Town, 280-177
280-10
Rental permits, 280-13
Town Attorney, 280-175
District boundaries, 280-7
Restaurants, 280-13
Town Board, 280-173,
District designations, 280-5
Safety, 280-13
280-174, 280-176,
Effect of establishment of dis-
Sales, 280-13
280-177, 280-180
tricts, 280-8
Schools, 280-13
Town Clerk, 280-174
Hearing, 280-11
35
08-01-2010
SOUTHOLD INDEX
Insurance, 280-10
Height, 280-48
Nonconforming uses, 280-2,
Landscaping, 280-7
Hospital, 280-48
280-4
Lot recognition, 280-9
Hotel, 280-48
Official Map, 280-4
Lots, 280-9 — 280-11
License, 280-48
Off-street parking, 280-4
Merger, 280-10
Lots, 28048
Open space, 280-4
One -family dwelling, 280-10
Meeting, 280-48
Parking, 280-4
Open space, 280-8
Motel, 280-48
Permits, 280-2, 280-3
Parks, 280-7
Noise, 280-47,280-48
Purposes, 280-2
Permit, 280-8 — 280-10
Odor, 28048
Recreational vehicle, 280-4
Prohibited uses, 280-8
Off-street parking, 28048
Restaurant, 2804
Record, 280-7
Parking, 280-48, 280-49
Safety, 280-2, 280-3
Screening, 280-7
Permit, 280148
Sales, 2804
Variance, 280-10
Permitted uses, 28048
School, 2804
Waiver of merger, 280-11
Plumbing, 280-48
Screening, 280-4
Water, 280-7,280-8
Pollution, 280-48
Septic tank, 280-4
Yards, 280-7, 280-8
Purpose, 280-47
Service station, 2804
Zoning Map, 280-6, 280-7
Restaurants, 280-48
Setbacks, 280-4
Farmland Bill of Rights, 280-97 —
Retail stores, 280-48
Shopping center, 280-4
280-103
Sales, 280148
Signs, 280-4
Animals, 280-98, 280-99
School, 280-48
Site plans, 2804
Appeals, 280-100
Service stations, 28048
Special exception use, 2804
Definitions, 280-98
Setbacks, 280-50
Storage, 2804
Dust, 280-99
Shopping centers, 28048
Swimming pools, 2804
Enforcement, 280-102
Signs, 280-48
Title, 280-1
Fences, 280-99
Site plan, 28048
Tower, 280-4
Grading, 280-99
Smoke, 280118
Utilities, 280-2,280-4
Holidays, 280-99
Special exception, 280-48
Vehicles, 280-2, 280-4
Inspection, 280-101
Special exception use, 280-48
Water, 280-2,280-4
Livestock, 280-98,280-99
Storage, 28048
Yard, 280-4
Noise, 280-99
Testing, 280-48
Zoning Map, 2804
Notices, 280-97, 280-100,
Tires, 280-48
Hamlet Business (HB) District,
280-101
Use regulations, 280-48
28044 — 280-46
Nuisance, 280-97,280-99
Vehicle, 280A8
Accessory uses, 280-45
Odor, 280-99
Vehicles, 280-48
Apartments, 280-45
Right to farm, 280-97
Vibration, 28048
Appeals, 280-45
Right to notice by brokers and
Yards, 28048,280-50
Assessment, 280-45
agents, 28 0- 10 1
General Provisions, 280-1—
Bulk, area and parking regula-
Right to notice provided by
280-4
tions, 280-46
Town agencies, 280-100
Accessory building, 280-4
Convenience stores, 280-45
Right to undertake protected
Accessory use, 280-4
Garages, 280-45
farm practices, 280-99
Apartment, 2804
Grocery stores, 28045
Safety, 280-97, 280-99
Appeals, 28011
Hotel, 280-44, 280-45
Sale, 280-98
Block, 280-4
Improvement, 280-45
Severability, 280-103
Certificate of compliance,
Meeting, 280-45
Sign, 280-101
280-4
Motel, 280-44, 280-45
Smoke, 280-99
Certificate of occupancy,
Off-street parking, 28045
Storage, 280-101
2804
Parking, 280-45, 280-46
Trees, 280-98
Curb, 2804
Permit, 280-45
Vehicles, 280-99
Definitions, 2804
Permitted uses, 280-45
Vibration, 280-99
Drainage, 2804
Plumbing, 280-45
Water, 280-99
Easements, 280-3, 2804
Purpose, 280-44
General Business (B) District,
Fence, 280-4
Restaurants, 280-45
280-47 — 280-50
Final plat, 2804
Retail stores, 280-45
Accessory uses, 280-48
Flood hazard area, 280-4
Sale, 280-45
Apartments, 280-48
Garage, 280A
School, 280-45
Appeals, 280,48
Grade, 280-4
Signs, 280145
Bulk, area and parking re-
Guaranty, 280-4
Site plan, 280-45
quirements, 280-49
Height, 280-4
Special exception use, 280-45
Church, 280148
Home occupation, 280-4
Use regulations, 28045
Convenience stores, 28048
Hotel, 280-4
Hamlet Density (HD) Residential
Driveways, 280-48
Interpretation and conflicts,
District, 280-20 — 280-23
Dust, 280-48
280-3
Accessory buildings, 280-22
Fence, 28048
Junkyard, 280-4
Accessory uses, 280-22
Fire extinguisher, 28048
Landscaping, 2804
Apartments, 280-22
Flammable, 280-48
Lighting, 280-4
Appeals, 280-22
Front yard setbacks, 280-50
Master Plan, 2804
Applicability, 280-21
Fuel, 28048
Mobile home, 280-4
Bulk, area and parking regula-
Garages, 280-48
Motel, 280-4
tions, 280-23
36
08-01-2010
SOUTHOLD INDEX
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, 280-4I
Site plan, 280-22
Plumbing, 280-62
Plumbing, 28041
Special exception, 280-22
Pollution, 280-62
Purpose, 280110
Use regulations, 280-22
Purpose, 280-61
Restaurants, 28041
Utilities, 280-22
Sales, 280-62
Sales, 28041
Water, 280-22
School, 280-62
Setbacks, 28043
Zoning Map, 280-21
Setbacks, 280-64
Signs, 28041
Landscaping, Screening and
Signs, 280-62
Site plan, 28041
Buffer Regulations, 280-91—
Site plan, 280-62
Special exception use, 28041
280-96
Smoke, 280-62
Storage, 28041
Appeals, 280-92
Special exception use, 280-62
Use regulations, 28041
Assessment; 280-92
Storage, 280-62
Yards, 28041, 28043
Buffer, 280-92, 280-94—
Testing, 280-62
Low -Density Residential R40
280-96
Use regulations, 280-62
District, 280-16 — 280-19
Building Inspector, 280-92
Utility, 280-62
Accessory buildings, 280-19
Curbs, 280-92
Vibrations, 280-62
Accessory uses, 280-17
Drainage, 280-91
Yards, 280-62, 280-64
Animal, 280-17
Driveway, 280-93
Light Industrial Park/Planned Of-
Appeals, 280-17
Driveways, 280-92
fice Park (LIO) District,
Bulk, area and parking regula-
Dust, 280-91
280-57 — 280-60
tions, 280-18
Fences, 280-92, 280-94
Accessory uses, 280-58
Hospital, 280-17
Front landscaped area, 280-93
Animals, 280-58
Open space, 280-16
General requirements, 280-92
Appeals, 280-58
Parking, 280-18
Glare, 280-91, 280-94
Bulk, area and parking regula-
Permit, 280-16
Grass, 280-93, 280-95
tions, 280-59
Permitted uses, 280-17
Hearing, 280-92
Dust, 280-58
Purpose, 280-16
Heat, 280-91
Explosives, 280-58
Site plan, 280-17
Height, 280-94
Fuel, 280-58
Special exception, 280-17
Landscaped parking area,
Fumes, 280-58
Use regulations, 280-17
280-95
Garages, 280-58
Water, 280-16
Lien, 280-92
Gas, 280-58
Marine II (MIn District, 280-54 —
Lots, 280-95
Heating, 280-58
280-56
Noise, 280-91, 280-94
Noise, 280-58
Accessory uses, 280-55
Notice, 280-92
Nuisance, 280-58
Appeals, 280-55
Off-street parking, 280-95
Odors, 280-58
Bed -and -breakfast, 280-55
Parking, 280-92, 280-95
Off-street parking, 280-58
Bulk, area and parking regula-
Pollution, 280-91
Parking, 280-58, 280-59
tions, 280-56
Properties located adjacent to
Permit, 280-58
Curb, 280-55
creeks, 280-96
Permitted uses, 280-58
Fuel, 280-55
Purpose, 280-91
Plumbing, 280-58
Hotels, 280-55
Record, 280-92
Pollution, 280-58
Insurance, 280-55
Screen, 280-91 — 280-94
Purpose, 280-57
Motels, 280-55
Site plan, 280-92
Sales, 280-58
Parking, 280-56
Transition buffer area, 280-94
Schools, 280-58
Permitted uses, 280-55
Trees, 280-92 — 280-95
Setbacks, 280-60
Purpose, 280-54
Variance, 280-92
Signs, 280-58
Record, 280-55
Water, 280-91, 280-96
Site plan, 280-58
Restaurants, 280-55
Yards, 280-93,280-96
Smoke; 280-58
Sales, 280-55
Light Industrial (LI) District,
Special exception use, 280-58
School, 280-55
280-61 — 280-64
Storage, 280-58
Signs, 280-55
Accessory uses, 280-62
Testing, 280-58
Site plan, 280-55
Animals, 280-62
Transfer stations, 280-58
Special exception, 280-55
Appeals, 280-62
Use regulations, 280-58
Swimming pools, 280-55
Bulk, area and parking regula-
Utility, 280-58
Use regulations, 280-55
tions, 280-63
Vehicles, 280-58
Water, 280-54, 280-55
Dust, 280-62
Vibrations, 280-58
Marine I (MI) District, 280-51 —
Explosives, 280-62
Yards, 280-58, 280-60
280-53
Front yard setbacks, 280-64
Limited Business (LB) District,
Accessory uses, 280-52
Fuel, 280-62
280A0 — 28043
Appeals, 280-52
Fumes, 280-62
Accessory uses, 280-41
Bed -and -breakfast, 280-52
Garages, 280-62
Appeals, 280-41
Bulk, area and parking regula-
Gas, 280-62
Bulk, area and parking regula-
tions, 280-53
Lots, 280-61
tions, 280-42
Fuel, 280-52
Noise, 280-62
Fencing, 28041
Insurance, 280-52
37
08-01-2010
SOUTHOLD INDEX
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
Height, 280-122
Churches, 280-38
Notice, 280-88
Involuntary moves, 280-126
Insurance, 280-38
Obstructions, 280-80
Landscaping, 280423
Meeting, 280-38
Parking, 280-85
Lots, 280-124
Parking, 280-39
Penalty, 280-88
Nonconforming buildings with
Permitted uses, 280-38
Permit, 280-81, 280-85,
conforming uses, 280-122
Places of worship, 280-38
280-89, 280-90
Nonconforming buildings with
Purpose, 280-37
Prohibitions and general re -
nonconforming uses,
Restaurants, 280-38
strictions, 280-83
280-123
Sales, 280-38
Purpose, 280-80
Nonconforming lots, 280-124
School, 280-38
Restaurant, 280-85
Permit, 280-121, 280-122,
Signs, 280-38
Safety, 280-82, 280-88
280-124,280-125
Single-family dwellings,
Sales, 280-85, 280-86
Purpose, 280-120
280-38
Setbacks, 280-85
Repairs and maintenance,
Site plan, 280-38
Shopping centers, 280-87
280-125
Special exception uses, 280-38
Sign illumination, 280-87
Safety, 280-125
Storage, 280-38
Specific sign requirements,
Setbacks, 280-123
Use regulations, 280-38
280-86
Variance, 280-121
Resort Residential (RR) District,
Specific signs, 280-85
Yard, 280-122, 280-124
280-34-280-36
Storage, 280-88
Parking and Loading Areas,
Accessory uses, 280-35
Transition, 280-89
280-77 - 280-79
Appeals, 280-35
Tree, 280-83
Accessory use, 280-78
Bulk, area and parking regula-
Unsafe, abandoned and unlaw-
Air pollution, 280-77
tions, 280-36
ful signs, 280-88
Animal, 280-78
Hotels, 280-35
Utility, 280-83
Apartment, 280-78
Motels, 280-35
Variances, 280-81,280-86
Appeals, 280-78, 280-79
Parking, 280-36
Yard, 280-86
Commercial vehicles, 280-78
Permitted uses, 280-35
Site Plan Approval, 280-127 -
Curbs, 280-78
Purpose, 280-34
280-138
Drainage, 280-78
Restaurants, 280-35
Accessory uses, 280-127
Driveways, 280-78
Signs, 280-35
Affordable housing, 280-137
Fence, 280-78
Site plan, 280-35
Appeals, 280-130, 280-131,
Garages, 280-78
Special exception use, 280-35
280-137
Grade, 280-78
Use regulations, 280-35
Applicability, 280-127
Height, 280-78
Water, 280-34, 280-35
Application requirements,
Home occupation, 280-78
Severability, 280-160
280-133
Hospital, 280-78, 280-79
Signs, 280-80 - 280-90
Approval of site plan required,
Hotels, 280-78, 280-79
Abandoned, 280-88
280-130
Landscaping, 280-78
Advertising, 280-80, 280-81,
Architectural Review Commit -
Lots, 280-78,280-79
280-85
tee, 280-135
Meeting, 280-78
Animal, 280-85
Architectural review stan-
Mobile home, 280-78
Appeals, 280-81, 280-86
dards, 280-134
Motel, 280-78
Applicability, 280-81
Area, yard and bulk regula-
Off-street loading areas,
Application, 280-81
tions, 280-137
280-79
Approval, 280-81
Assessment, 280-133
Off-street parking areas,
Assessment, 280-88
Bicycles, 280-137
280-78
Building Inspector, 280-81,
Block, 280-133
Parking, 280-77 - 280-79
280-85, 280-88
Boats, 280-137
Place of worship, 280-78
Certificate of occupancy,
Bonds, 280-137
Plumbing, 280-78
280-85
Buffers, 280-137
Pollution, 280-77
Driveway, 280-85
Building Inspector, 280-127,
Purpose, 280-77
Fees, 280-81
280-130, 280-131
38
08-01-2010
SOUTHOLD INDEX
Building permit, 280-127,
Permit, 280-127, 280-130,
Stormwater, 280-143
280-130,280-134
280-131, 280-134
Vehicles, 280-143
Certificate of occupancy,
Purpose, 280-128
Vibration, 280-143
280-130
Records, 280-133
Violations of conditions,
Cluster development, 280-137
Recreational vehicles, 280-137
280-141
Curbs, 280-131, 280-133,
Review procedure, 280-131
Water, 280-143
280-137
Safety, 280-128,280-129,
Yards, 280-143
Drainage, 280-127, 280-129,
280-131, 280-133,
Supplementary Regulations,
280-133
280-137
280-104 - 280-119
Driveways, 280-137
Screening, 280-129
Accessory buildings, 280-104,
Duration of plan, 280-132
Setbacks, 280-133, 280-134,
280-107
Easements, 280-133
280-137
Accessory structures, 280-116
Emergency, 280-137
Signs, 280-131, 280-133,
Access requirements, 280-109
Excavation, 280-129
280-I34, 280-137
Air pollution, 280-111
Fees, 280-137
Special exception, 280-130,
Animal, 280-111
Fee schedule for site plan ap-
280-131
Block, 280-116
plications, 280-138
Standards for residential site
Buffer, 280-118
Fences, 280-133, 280-134
plans, 280-137
Building Inspector, 280-109
Findings of fact, 280-128
Storage, 280-134,280-137
Building length and separation
Fire hydrants, 280-133,
Stormwater, 280-129, 280-133
for buildings containing
280-137
Subdivision of land, 280-137
multiple dwellings,
Flood hazard areas, 280-129,
Trailers, 280-137
280-107
280-133
Trees, 280-129, 280-130,
Building permit, 280-114
Garages, 280-134,280-137
280-133, 280-136
Building setback requirements
Gas, 280-129
Utilities, 280-127, 280-129,
adjacent to water bodies
Glare, 280-129
280-133
and wetlands, 280-116
Grade, 280-129,280-133,
Variances, 280-131, 280-137
Certificate of occupancy,
280-134, 280-136
Vehicles, 280-129
280-112
Guaranty, 280-131
Vehicles and traffic, 280-137
Commercial vehicles, 280-110
Hamlet Density Residential
Water, 280-128, 280-129,
Corner lots, 280-106
(HD) District, 280-137
280-133
Courts, 280-108
Handicap, 280-129
Watercourses, 280-133
Dust, 280-111
Hearings, 280-131, 280-137
Wells, 280-133
Elevators, 280-104
Height, 280-134
Wildlife, 280-129,280-133
Excavations, 280-114
Historical features, 280-133
Special Exception Uses,
Exceptions and modifications,
Improvements, 280-129,
280-139 -280-144
280-104
280-131, 280-133,
Additional conditions and
Explosives, 280-111
280-137
safeguards, 280-144
Fences, 280-104-280-106,
Inspections, 280-137
Appeals, 280-140 - 280-142,
280 -114 -
Investigations, 280-130
280-144
Filled land, 280-113
Land clearing, 280-136
Application, 280-141
Fuel, 280-111
Landscaping, 280-129,
Approval, 280-141
Garage, 280-104
280-131, 280-133,
Approval required, 280-140
Gas, 280-111
280-134, 280-137
Buffer, 280-143
Glare, 280-111, 280-117
License, 280-133
Building permit, 280-140
Grade, 280-108, 280-114
Lighting, 280-129, 280-133,
Church, 280-143
Height, 280-104 - 280-109,
280-137
Demolition, 280-140
280-117
Lots, 280-137
Dust, 280-143
Inspection, 280-110
Meeting, 280-131, 280-133
Emergency, 280-143
Land underwater, 280-113
Meetings, 280-137
Gases, 280-143
Lighting, 280-111, 280-117
Moderate -income housing,
General standards, 280-142
Long-term outdoor display or
280-137
Hearing, 280-14I
storage, 280-119
Natural features, 280-129,
Matters to be considered,
Lots, 280-106, 280-109,
280-133
280-143
280-113,280-116
Notice, 280-131, 280-137
Natural features, 280-143
Monuments, 280-104
Objectives, 280-129
Noise, 280-143
Multifamily dwelling, 280-108
Off-street parking, 280-129,
Notice, 280-141
Noise, 280-111
280-133, 280-137
Odors, 280-143
Obstructions, 280-104,
Open space, 280-127,
Off-street parking, 280-143
280-106, 280-111
280-128, 280-137
Parking, 280-143
Odor, 280-111
Parking, 280-127 - 280-129,
Permit, 280-140, 280-141
Off-street parking, 280-109
280-131, 280-133,
Permitted uses, 280-143
One -family dwelling, 280-109
280-134, 280-137
Pollution, 280-143
Open storage, 280-110
Parks and recreation areas,
Purpose, 280-139
Parking, 280-109, 280-110,
280-137
Safety, 280-142, 280-143
280-117
Pedestrians, 280-137
School, 280-143
Permit, 280-113 - 280-115
Penalties for offenses, 280-136
Screening, 280-143
Pollution, 280-111
Smoke, 280-143
39
08-01-2010
Prohibited uses in all districts,
280-111
Provisions for community wa-
ter, sewer and utility fa-
cilities, 280-112
Public roads, encumbrances to,
280-111
Safety, 280-111
Sales, 280-104, 280-118
Setbacks, 280-104,280-116
Site plan, 280-104, 280-119
Smoke, 280-111
Storage, 280-104, 280-110,
280-111, 280-118,
280-119
Temporary outdoor display or
storage, 280-118
Tourist camps, camp cottages
and trailers, 280-115
Towers, 280-104
Trees, 280-118
Utility, 280-112
Vehicles, 280-110
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 - 280-69
Abandonment, 280-76
Antennas, 280-68, 280-70,
280-72, 280-73, 280-76,
280-76.1, 280-76.2
Application fees and require-
ments, 280-74
Base station equipment shelter,
280-70
Building permits, 280-70,
280-71,280-74
Consultant review, 280-74
Costs and expenses, 280-76.2
Definitions, 280-69
Design standards, 280-72
Fall zones, 280-70
Federal aviation regulations,
280-70
General requirements for all
wireless communication
facilities, 280-70
Height regulations, 280-70,
280-71, 280-76, 280-76.2
Historic buildings and dis-
tricts, 280-75
Historic preservation, 280-75
Inspections, 280-74
Landscaping, 280-70, 280-72,
280-76.2
Liens, 280-76
Lighting, 280-70
Lots, 280-70
Notices, 280-74, 280-76
Penalties for offenses, 280-76
Permit, 280-70, 280-76.1
Preexisting antenna support
structures and antennas,
280-76.1
SOUTHOLD INDEX
Purpose, 280-67
Radio emissions, 280-70
Relief, 280-76.3
Removal, 280-76
Reports, 280-70, 280-74
Required approvals, 280-71
Roof mounting, 280-71
Safety, 280-67
Scope, 280-68
Screen, 280-72
Setbacks, 280-70, 280-72,
280-76.2
Severability, 280-76.4
Signs, 280-70
Site design standards, 280-70
Site plan, 280-74
Site plan approval, 280-71,
280-72
Special exception, 280-71
Special exception approval,
280-73
Special exceptions, 280-74
Standards, 280-73
Variances, 280-76.3
Waivers of criteria, 280-76.2
When effective, 280-76.5
ZONING BOARD OF APPEALS
Agricultural uses, 72-11
ZONING INSPECTOR
Powers and duties, 275-12.1,
275-15
Wetlands and shoreline, 275-12.1,
275-15
ZONING MAP
General provisions, 1-4
Zoning, 280-4, 280-6, 280-7,
280-21, 280-29,280-113,
280446, 280-157 - 280-159,
280-174,280-175
o
08-01-2010