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HomeMy WebLinkAbout2012 Code Supplement - 06/01/2012GENERAL CODE INSTRUCTIONS Town of Southold Code Supplement No. 22 The enclosed new and/or replacement pages should be placed in your Code volume immediate- ly! The dateline, on the bottom of the page, does not indicate the adoption date of the Code changes, but rather identifies the pages printed with this supplement. This instruction page should be placed in the front of your Code volume. REMOVE INSERT Table of Contents, Table of Contents, v–vi v–vi 100:1 –100:5 100:1 –100:6 144:9 –144:10 144:9 –144:10 144:10.1 –144:10.2 219:3 – 219:9 219:3 – 219:9 228:5 – 228:6 228:5 – 228:6 — 228:6.1 236:1 – 236:11 236:1 – 236:41 237:1– 237:4 237:1 – 237:4 237:4.1 240:23 – 240:24 240:23 – 240:24 — 240:24.1 253:1 – 253:2 253:1 – 253:2 275:17 – 275:18 275:17 – 275:18 275:18.1 280:121 – 280:130 280:121 – 280:130 280:130.1 – 280:130.2 280:137 – 280:138 280:137 – 280:138 280:138.1 DL:5 DL:5 – DL:6 Index Pages 1 – 41 Index Pages 1 – 42 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 2-2012; 3- 2012; 4-2012; 5-2012. 06-01-2012 TABLE OF CONTENTS 64. Transportation Access Management .......................................64:1 68. Youth Board............................................................................68:1 PART II: GENERAL LEGISLATION 70. Agricultural Lands Preservation..............................................70:1 72. Agricultural Uses.........................:...........................................72:1 75. Alarm Systems........................................................................75:1 79. Alcoholic Beverages...............................................................79:1 Article I Public Consumption 83. Animals...................................................................................83:1 Article I Ducks Article II Dogs Article III Dog Licensing and Identification 88. Bicycles..................................................................................88:1 92. Bingo and Games of Chance.......................:...........................92:1 Article I Bingo Article II Games of Chance 96. Boats, Docks and Wharves ......................................................96:1 Article I Obstruction and Use of Town Waters Article II Public Docks Article III Boats Article IV Floating Homes Article V Administration and Enforcement 100. Buildings, Unsafe; Property Maintenance.............................100:1 104. Burning, Outdoor..................................................................104:1 111. Coastal Erosion Hazard Areas...............................................111:1 117. Development Rights, Transfer of..........................................117:1 121. Domestic Partnerships...........................................................121:1 126. Electrical Inspections............................................................126:1 130. Environmental Quality Review.............................................130:1 139. Filming..................................................................................139:1 144. Fire Prevention and Building Code Administration ..............144:1 V 06-01-2012 SOUTHOLD CODE 148. Flood Damage Prevention.................................................... 148:1 157. Harbor Management............................................................. 157:1 Article I Fishers Island Harbor Management 161. Highway Specifications........................................................ 161:1 166. Junkyards..............................................................................166:1 170. Landmark Preservation......................................................... 170:1 172. Lighting, Exterior................................................................. 172:1 174. Littering................................................................................174:1 180. Noise, Prevention of............................................................. 180:1 185. Open Space Preservation...................................................... 185:1 189. Parking................................................................................. 189:1 Article I Parking at Beaches 193. Parks and Recreation Areas .................................................. 193:1 Article I Use Regulations and Restrictions 197. Peddlers, Solicitors and Transient Retail Merchants............ 197:1 205. Public Entertainment and Special Events ............................. 205:1 211. Salvage Centers.................................................................... 211:1 215. Sewers and Sewage Disposal ............................................... 215:1 Part 1 Scavenger Wastes Part 2 Sewer Use Part 3 Sewer Rents and Charges 219. Shellfish and Other Marine Resources ................................. 219:1 228. Soil Removal........................................................................ 228:1 233. Solid Waste.......................................................................... 233:1 Article I Garbage, Rubbish and Refuse 235. Stormwater Management..................................................... 235:1 237. Streets and Sidewalks........................................................... 237:1 Article I Notification of Defects Article II Street Excavations Article III Snow and Ice Removal Article IV Street Numbering 240. Subdivision of Land............................................................. 240:1 Vl 06-01-2012 Chapter 100 BUILDINGS, UNSAFE; PROPERTY MAINTENANCE § 100-1. Title. § 100-2. Purpose. § 100-3. Definitions. § 100-4. Standards. § 100-5. Inspection and report. § 100-6. Service of notice. § 100-7. Contents of notice. § 100-8. Filing a copy of notice. § 100-9. Emergency measures to vacate. § 100-10. Costs and expenses. § 100-11. Penalties for offenses. § 100-12. Severability. § 100-13. When effective. [HISTORY: Adopted by the Town Board of the Town of Southold 9-9-1980 by L.L. No. 5-1980; amended in its entirety 3-13-2012 by L.L. No. 4-2012. Amendments noted where applicable.] GENERAL REFERENCES Fire prevention and building code administration — See Ch. 144. § 100-1. Title. Garbage, rubbish and refuse — See Ch. 233, Art. I. Snow and ice removal — See Ch. 237, Art. III. This chapter shall be known as the "Unsafe Buildings, Premises and Property Maintenance Law of the Town of Southold." § 100-2. Purpose. The purpose of this chapter is to promote the conservation of property and property values and character of the community by addressing the cumulative impacts of property neglect. Further, this law will eliminate safety and health hazards, unsightly conditions, environmental public nuisances, dangerous obstruction to emergency vehicle access, the erosions of property values and the erosion of the quality of life by all residents in broad proximity of the neglected property(s). § 100-3. Definitions. 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). EXTERIOR PROPERTY — The open space on the premises and on adjoining property under the control of owners or operators of such premises. 100:1 06 -01 -2012 § 100-3 SOUTHOLD CODE § 100-4 GARBAGE — Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. JUNKED VEHICLE — Any vehicle, including a trailer, which is without a currently valid license plate or plates and is in such a rusted, wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned condition as to be no longer intended or in condition for legal use on the public highways. LAND — The term "land" and "property" shall have the same meaning as "premises" as defined herein. LITTER — Garbage, refuse and rubbish and all other waste material which, if thrown or deposited upon the ground, tends to create a danger to public health, safety and welfare or tends to create blight. OCCUPANT — Any individual or person occupying a premises or building or having possession of a premises or building. OWNER — Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON — An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. PREMISES — A lot, plot or parcel of land, easement or public way, including any structures thereon. RUBBISH — Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, wood, glass, bedding, and crockery. § 100-4. Standards. A. Property maintenance. (1) Surface and subsurface water shall be adequately drained to protect buildings and structures, to prevent damage to adjacent property and to prevent the development of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. (2) Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds and trees do not become overgrown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. 100:2 06-01 - 2012 § 100-4 BUILDINGS, UNSAFE; PROPERTY MAINTENANCE § 100-6 (3) Garbage, crates, rubbish, refuse or debris shall be kept inside a building or buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. (4) Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public. (5) Junked or unregistered vehicles may not be located or stored in open view but shall be stored in a suitable location inside a building or behind a fence outside of public view. (6) Exterior facades shall at all times be kept free of graffiti or other defacement. B. Unsafe buildings. All buildings or structures which are structurally unsafe, dangerous, unsanitary or not provided with adequate egress or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe buildings. All such buildings and structures are hereby declared to be illegal and are prohibited and shall be abated by repair and rehabilitation or by demolition and removal in accordance with the procedures of this chapter. C. Unsafe premises. All premises which are unsafe or dangerous, which suffer from inadequate maintenance or neglect or which do not permit or provide for adequate access by emergency and/or fire rescue vehicles are, for the purpose of this chapter, unsafe premises. All such premises are hereby declared to be illegal, are prohibited and shall be abated by repair and rehabilitation in accordance with the procedures of this chapter. § 100-5. Inspection and report. A. Unsafe building. When, in the opinion of the Building Inspector, any structure located in the Town shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. B. Unsafe premises. When, either on the Building Inspector's own volition or after receiving a written recommendation from the Commissioners of any fire department or fire district or from the Village of Greenport Fire Wardens or Village Trustees located in the Town that any premises is unsafe in that it does not permit or provide for adequate access by emergency and/or fire rescue vehicles as required by § 280-109C, in which recommendation the Building Inspector concurs, the Building Inspector shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. § 100-6. Service of notice. A. When it shall be determined by the Building Inspector that a building, premises or structure is dangerous or unsafe to the public, or is in violation of any one or more of the provisions under § 1004A, he shall promptly serve or cause to be served a notice on the 100:3 06-01 - 2012 § 100-6 SOUTHOLD CODE § 100-7 owner or other persons having an interest in such premises, building or structure as hereinafter provided. B. The aforementioned notice shall be served on the owner of the building, structure or premises or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last completed assessment roll of the Town, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector shall cause a copy of such notice to be posted on the premises. § 100-7. Contents of notice. The notice referred to in § 100-6 hereof shall contain the following: A. A description of the premises. B. A statement of the particulars in which the premises, building or structure is unsafe or dangerous or is in violation of any one or more of the provisions under § 1004A. C. An order requiring the premises, building or structure to be made safe and secure or removed, or if there is a violation of § 1004A, an order to remedy. D. A statement that the securing or removal of the building or structure or the rehabilitation of the premises shall commence within 10 days from the date of the service of the notice and shall be completed within 30 days thereafter. If a violation of any one or more of the provisions under § 1004A is cited, a statement that remediation of the violation must be completed within 10 days from the date of service of the notice. The Building Inspector may extend the time of compliance specified in the notice where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector may impose such conditions as he may deem appropriate. E. A statement that, in the event of the neglect or refusal of the person served with notice to comply with the same, a hearing will be held before the Southold Town Board, notice of which and the time and place thereof to be specified in the notice to the owner referred to in § 100-6 hereof. No hearing is required if the only violation alleged is pursuant to § 100-4A. F. A statement that, in the event that the Town Board, after the hearing specified in § 100-7E hereof, shall determine that the premises, building or structure is unsafe or dangerous to the public, the Town Board may order the building or structure to be repaired, made safe and/or secured or taken down and removed. In the case of an unsafe premises, the Town Board may order the premises rehabilitated and made safe. G. A statement that, in the event that the premises, building or structure shall be determined by the Town to be unsafe or dangerous and in the event of the neglect or refusal of the owner to make safe, repair or remove the same within the time provided, the Town may remove such building or structure or make safe the premises by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with 100:4 06-01-2012 § 100-7 BUILDINGS, UNSAFE; PROPERTY MAINTENANCE § 100-10 the proceedings to remove or secure, including the cost of actually removing said building or structure, against the land on which said buildings or structures are located. § 100-8. Filing a copy of notice. A copy of the notice referred to in § 100-7 hereof may be filed with the County Clerk of the county within which such premises, building or structure is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the Town Attorney. The clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order. § 100-9. Emergency measures to vacate. If the Building Inspector determines in his inspection of any premises, building or structure that there is actual and immediate danger of failure or collapse so as to endanger life, he shall promptly require the premises, building, structure or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Building Inspector. For this purpose, he may enter such premises, building or structure, or land on which it stands or adjoining land or structures with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or, such other means as may be necessary and for this purpose may close a private or public right-of-way. The Building Inspector shall cause to be posted at each entrance to such premises, building or structure a notice stating, "This building (or premises, if applicable) is unsafe and its use or occupancy has been prohibited by the Building Inspector." Such notice shall remain posted until the required rehabilitation, repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its agents or other persons to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose: of making the required repairs or the demolition thereof. § 100-10. Costs and expenses. All costs and expenses incurred by the Town of Southold in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure, or any work done to abate any violation of provisions under § 1004A of this chapter, shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may 100:5 06 -01 -2012 § 100-10 SOUTHOLD CODE § 100-13 file a certificate, of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. § 100-11. Penalties for offenses. A. Any person who violates a provision under § 1004A of this chapter shall be guilty of a violation punishable by a fine not to exceed $2,500. B. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of a violation punishable by a fine not to exceed $5,000 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense. C. In addition to the criminal violation, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages, civil penalties, or injunctive relief. D. Strict liability. Personal knowledge of the existence of a violation under this chapter is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability. § 100-12. Severability. If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. § 100-13. When effective. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. 100:6 06-01-2012 FIRE PREVENTION AND BUILDING CODE § 144-8 ADMINISTRATION § 144-8 or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the National Electric Code (NEC), the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of .the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots. (e) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (f) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (g) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (j) Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which. are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be 144:9 06-01 -2012 § 144-8 SOUTHOLD CODE § 144-8 returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. (k) All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. (Reserved) (m) A stormwater management control plan consistent with the requirements of Chapter 236, Stormwater Management, of this Code, if required. The stormwater management control plan shall meet the performance and design criteria and standards in Chapter 236, Stormwater Management. [Added 2-14-2012 by L.L. No. 3-20121 (2) Exception to the requirements set forth in § 144-8C. Building Inspectors have the right, when an application for a structure is accompanied by plans and - specifications bearing the signature and original seal of a licensed professional { engineer or architect and accompanied by an affidavit stating that the plans and specifications comply with the Uniform Code and Energy Code, to verify that both the plans and the construction installation comply with the high wind load requirements, the Uniform Code and Energy Code at the field inspection stage. (3) Applications for standard installations of solar energy systems shall be made on the fast track permit application form provided by the Building Inspector and shall include a completed requirements checklist bearing the signature of the property owner and contractor, a project information sheet and ,configuration diagram prepared by a professional engineer or registered architect, and any other information that the Building Inspector deems necessary. Applications for standard installations on residential and legal accessory structures on residential property shall be determined within 14 business days of the filing of a completed application. D. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by § 280-a of the Town Law. E. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by said Board. 144:10 06 - 01- 2012 FIRE PREVENTION AND BUILDING CODE § 144-8 ADMINISTRATION § 144-8 F. No building permit shall be issued for a building in any district where such use is permitted by special exception unless and until such approval has been duly granted by the board having jurisdiction thereof. G. No building permit shall be issued for any building until approval has been received from the Suffolk County Department of Health Services for the proposed water supply and sewage disposal system. H. The building permit application and all supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building Inspector shall return one copy of all filed documents to the applicant. 1. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a renewal permit shall be required. [Amended 5-10-2011 by L.L. No. 5-2011] J. As soon as the foundation of a building or of any addition to an existing building is completed and before first -story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. K. Permit fees. [Amended 8-10-2010 by L.L. No. 7-2010; 1-18-2011 by L.L. No. 2-2011] (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [1] New dwellings and alterations or additions to existing dwellings: $200, plus $0.40 for each square foot of floor area. [2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [1] New buildings and additions and alterations to existing buildings: $250, plus $0.40 for each square foot of floor area. [2] Accessory buildings and additions and alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. 144:10.1 06-01 - 2012 § 144-8 SOUTHOLD CODE § 144-8 (d) Foundations constructed under existing buildings: $200. (e) In -ground swimming pools, together with required enclosure fencing: $250; aboveground swimming pools, together with required enclosure fencing: $250. (f) The permit fee for all signs shall be $75 per permit. (g) Demolition and/or removal of any building: $100 minimum and $0.30 for each square foot of floor area. (h) Deer exclusion fences erected in accordance with § 280-105: $75. (i) The fee for standard applications for any residential solar energy system shall be $50. [Added 12-6-2011 by L.L. No. 13-20111 144:10.2 06-01 - 2012 § 219-4 SHELLFISH AND OTHER MARINE RESOURCES § 219-5 CONTAINMENT — The placement and possession of shellfish in a basket, tub, bag, or any other type of container. CULLING — Separating shellfish or other marine resources according to size. EEL — The American eel. FIXED GEAR — Fishing equipment that is set in a stationary position, including without limitation pots, moorings, long line, hand line, weir nets, gillnets and traps. GUEST — A person who temporarily occupies living quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES — Blue claw crabs, horseshoe crabs, eels, mussels and other marine biota. [Amended 1-17-2012 by L.L. No. 2-20121 NONRESIDENT — One who does not reside in the Town of Southold. PATENT LANDS — All uplands and underwater lands owned in fee title by the Town of Southold Board of Trustees by virtue of the Andros Patent. PERMANENT RESIDENT — A person who has maintained a permanent dwelling within the Town of Southold during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish if no permit is required. SCAP NET — A hand -operated net attached to a handle with an opening across the mouth of no more than 14 inches. SHELLFISH — Clams, scallops, oysters and mussels. [Amended 1-17-2012 by L.L. No. 2-2012] TAKING — The removal or harvesting of shellfish and other marine resources by any means. TAXPAYER — A person who owns real property as shown on the assessment roll of the Town of Southold. TOWN WATERS — All the waters lying over patent lands. § 219-5. Purpose. It is the purpose and intent of this chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of Southold. 219:3 06-01-2012 § 219-6 SOUTHOLD CODE § 219-7 ARTICLE II Shellfish § 219-6. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of Southold. (1) Persons ages 12 and 13 can apply for a junior commercial shellfish license which will allow them to catch half the commercial limit. The junior commercial shellfish license will be at half the cost of a commercial license. The parents or guardian of the applicant for a junior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a nonresident upon first obtaining a nonresident shellfish permit from the Town Clerk of the Town of Southold. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit from the Town Clerk of the Town of Southold. Such a permit shall be required for all persons ages 10 and older. Persons under the age of 10 may take shellfish only when accompanied by a valid permit -holder, and any shellfish taken by such child shall count toward the maximum daily quantity allowed in this chapter for such permit -holder. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this chapter for such permanent resident. E. Except as set forth herein, no person shall take shellfish in any manner at any time from Town waters without a permit issued pursuant to this chapter. F. The possession of shellfish in excess of the limits, or of less size than that, set forth in this chapter, in the waters of the Town of Southold, shall be deemed presumptive evidence of a violation of this chapter. § 219-7. Permit fee; expiration; display. A. The fee for a commercial shellfish permit shall be set from time to time by resolution of the Town Board, upon recommendation by the Board of Trustees. Such permit shall expire on December 31 of the year of its issuance. 219:4 06-01-2012 § 219-7 SHELLFISH AND OTHER MARINE RESOURCES § 219-8 B. The fee for a nonresident shellfish permit shall be set from time to time by resolution of the Town Board, upon recommendation by the Board of Trustees. The nonresident permit shall expire on September 15 of the year of its issuance. C. The fee for a noncommercial permanent resident or taxpayer shellfish permit shall be $5. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. D. The holder of a shellfish permit shall carry the permit assigned to him or her on his or her person while engaged in the permitted activities, and the failure of such holders to exhibit their permit to an enforcement officer shall be presumptive evidence -that no valid permit has been issued to him or her. § 219-8. Scallops. A. Scallop season for residents and nonresidents shall be set pursuant to New York State, as adopted by Board of Trustee resolution. B. Subject to the provisions of this section, during the first two weeks of scallop season, harvesting in Town waters shall be by hand or with a scalp net only. During the first two weeks of scallop season, harvesting in Town waters shall be open to all permit holders, for the noncommercial limits set forth herein. C. Except as set forth above, during the commercial scallop season, scallops may be taken from Town waters with a dredge having an opening at the mouth of not more than 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge is brought aboard the boat by hand power without the use of a mechanical device. D. Subject to the provisions of this section, a permanent resident, a .taxpayer, a nonresident or a guest, accompanied by a permanent resident, may take from Town waters not more than 1/2 bushel of scallops for noncommercial purposes in any one day by any one person. Two or more persons occupying the same boat may take, in the aggregate, not more than two bushels of scallops in one day for noncommercial purposes. E. Subject to the provisions of this section, not more than five bushels of scallops may be taken from Town waters for commercial purposes in any one day by any one person. Two or more persons occupying the same boat may take, in the .aggregate, not more than 10 bushels of scallops in one day for commercial purposes. F. Scallops shall not be taken from Town waters during the period from sunset to sunrise. G. Scallops shall not be taken from Town waters on Sundays by uses of dredge or other power device. H. Scallops having an annual growth line and measuring not less than 2 1/4 inches from the middle of the hinge to the middle of the bill may be taken from Town waters only by resolution of the Southold Town Board of Trustees. 219:5 06-01-2012 § 219-9 SOUTHOLD CODE § 219-11 § 219-9. Clams. A. Hard clams less than one inch in thickness shall not be contained and shall be subject to the requirements set forth in § 219-14A. B. Soft or steamer clams less than two inches in the longest diameter shall not be contained and shall be subject to the requirements set forth in § 219-14A. C. Churning by power may not be employed in the taking of clams in Town waters. [Amended 1-17-2012 by L.L. No. 2-20121 D. A permanent resident, a taxpayer, a nonresident or a guest accompanied by a permanent resident may contain not more than 100 hard clams and 100 soft clams from Town waters in one day for noncommercial purposes. E. Not more than 2,000 hard clams may be taken from Town waters for commercial purposes in any one day by any one person. Two or more persons occupying the same boat may take, in aggregate, not more than 4,000 hard clams in one day for commercial purposes. § 219-10. Oysters. A. Oysters shall not be taken from Town waters during the period from May 1 to August 31 in each year, both dates inclusive, and shall be subject to the requirements of § 219-14A. B. Oysters shall not be taken from Town waters during the period from sunset to sunrise. C. Only oysters measuring more than three inches from the hinge to the bill may be taken from Town waters, and shall be subject to the requirements of § 219-14A. D. A permanent resident, a taxpayer, a nonresident or a guest accompanied by a permanent resident may take not more than 1/2 bushel of oysters from Town Waters for noncommercial purposes in any one day by any one person. Two or more persons occupying the same boat may take, in the aggregate, not more than one bushel of oysters from Town Waters in one day for noncommercial purposes. E. Not more than 2,000 oysters may be contained or taken from Town Waters for commercial purposes in any one day by any one person. Two or more persons occupying the same boat may take, in aggregate, not more than 4,000 oysters in one day from Town waters for commercial purposes. ARTICLE III Other Marine Resources § 219-11. Blue claw crabs. A. Blue claw crabs must be harvested according to New York State Department of Environmental Conservation regulations. 219:6 06 -01 -2012 § 219-12 SHELLFISH AND OTHER MARINE RESOURCES § 219-16 § 219-12. Mussels. A. A permanent resident, a taxpayer, a nonresident or a guest accompanied by a permanent resident may not contain more than one bushel of mussels from Town waters in one day for noncommercial purposes. Two or more persons occupying the same boat may contain, in aggregate, not more than two bushels of mussels from Town Waters in one day for noncommercial purposes. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by any one person. [Amended 1-17-2012 by L.L. No. 2-20121 C. Ribbed mussels shall be contained by handpicking only. Raking for mussels in peat bog areas shall be prohibited. D. The containment of mussels is further regulated by New York State. § 219-13. Eels. A. Commercial purposes. No more than 50 eel pots or traps per permittee in Town waters shall be permitted. All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary nonresident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. C. The containment of eels is further regulated by New York State. ARTICLE IV Prohibited Activities; Restricted Areas; Enforcement § 219-14. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this chapter shall be immediately returned alive to the water in the immediate vicinity of where they were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. § 219-15. Fixed gear. Fixed gear shall be placed no closer than the outer edge of any channel system and the gear shall not impede navigation. § 219-16. Restricted areas. [Amended 1-17-2012 by L.L. No. 2-20121 Shellfish shall not be taken from any Town waters which have been restricted by the Board of Trustees, provided that such restricted areas shall have been properly designated by a 219:7 06-01-2012 § 219-16 SOUTHOLD CODE § 219-22 resolution duly passed by said Board of Trustees and notices posted by said Board of Trustees. § 219-17. Planting of shellfish seed. Notwithstanding any other provision of this chapter, the Board of Trustees may approve an organization plan for planting shellfish seed in Town waters and upon approval, the Board of Trustees may then authorize the approved organization and other volunteers acting under its supervision to plant shellfish seed in accordance with the approved plan. § 219-19. Transplanting of shellfish. Notwithstanding any other provision of this chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators, economic factors or other detrimental causes. § 219-19. Dredges and scrapes. Except as permitted by § 219-8C of this chapter, the use of a dredge, eel dredge, hydraulic means or similar device operated by mechanical power or other means is prohibited in Town waters except by special permission of the Trustees for scientific study projects. § 219-20. Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Town Trustees of the Town of Southold. § 219-21. Aquaculture/mariculture exemption. The Board of Trustees may grant an exemption or variance, in terms of permitted sizes, number and time periods of harvest, from the provisions of this chapter for aquaculture/mariculture activities that are properly permitted by the New York Department of Environmental Conservation. § 219-22. Penalties for offenses. A. For each offense against any provision of this chapter, the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days. B. A second conviction for an offense against any of the provisions of this chapter within a period of one year shall result in immediate revocation of their permit. No new permit shall be issued to such person for at least one year after such forfeiture. 219:8 06-01-2012 § 219-22 SHELLFISH AND OTHER MARINE RESOURCES § 219-23 C. In addition to the above -provided penalties and punishment, the Town Board may also commence an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this chapter. § 219-23. Coordination and enforcement. [Amended 1-17-2012 by L.L. No. 2-20121 The Office of Code Enforcement and the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter and have the authority to issue violations of the provisions of this chapter. 219:9 06-01-2012 § 228-6 SOIL REMOVAL § 228-7 (b) An estimate, prepared by a duly licensed engineer or land surveyor of the State of New York, of the total number of cubic yards of material to be removed from the property pursuant to such plan during the permit period or renewal thereof. (7) A stormwater management control . plan consistent with the requirements of Chapter 236, Stormwater Management, of this Code, if required. The stormwater management control plan shall meet the performance and design criteria and standards in Chapter 236, Stormwater Management. [Added 2-14-2012 by L.L. No. 3-20121 B. An application for a permit for sod farming need not include the information required by Subsections A(1), (2), (4) and (6) above. Such application shall set forth a detailed statement of the proposed sod farming operation; a plan of the area to be used for that purpose, showing its existing condition; and the material and information required by Subsections A(3) and (5) above. § 228-7. Regulations. Compliance with the following regulations shall be a continuing condition for the validity and existence of any permit granted or renewed hereunder. A. When required by the Town Board as necessary for the protection of the health, safety and general welfare of the public, for the preservation of property values in the neighborhood or to facilitate the proper drainage of surface water or appropriate use of land, in accordance with the standards prescribed in § 228-5, the premises on which operations regulated by this chapter are performed shall be rehabilitated in accordance with a plan of rehabilitation and schedule of progress therefor approved by the Town Board, which plan and schedule shall be filed in the office of the Town Clerk and are hereinafter referred to as the approved plan of rehabilitation. Such plan of rehabilitation may provide for a partial restoration of the property involved pending the completion of operations regulated by this chapter, and need not include the delineation of streets. B. When required by the Town Board as necessary for the protection of the public, barriers consisting of wire fencing of the type known as chain-link or cyclone fence, or its equivalent, of such height as shall be specified by the Town Board as necessary for the protection of the public, considering the particular circumstances of the terrain and location, substantially erected and with no opening except necessary gates for ingress and egress, shall be erected to prevent public access to the top of any pits or steeply graded slopes. C. Bank and pit excavations shall not extend, nor shall topsoil be stripped or removed, within 150 feet of any property line nor within 200 feet from the front line of any street, road, avenue or highway, except when incident to the construction of a cellar; except that in the case of a bank excavation, the same may begin at a street or road line. The term "bank excavation" refers to an excavation which is not carried below the grade of the street or road mentioned in the preceding sentence. 228:5 06-01-2012 § 228-7 SOUTHOLD CODE § 228-7 D. All slopes shall be excavated and maintained during operations at safe angles of repose to prevent erosion thereof and erosion or collapse of upper grade surfaces above such slopes, and final slopes shall not be inclined steeper than one foot vertical on one foot horizontal. All slopes shall be protected against collapse or erosion by the construction of proper drainage ditches back of the lip or edge thereof. E. Dust -down or a similar dust layer shall be spread on access roads and other traveled areas to protect the public and the countryside against windblown sand and dust. F. Topsoil stripped in connection with operations regulated by this chapter shall not be removed from the premises but shall be preserved for -use in connection with rehabilitation; provided, however, that any excess topsoil may be removed after rehabilitation has been completed. Excess topsoil is any topsoil in excess of that required to allow a cover of at least six inches over any area on which topsoil is required to be respread by this chapter. This subsection shall not apply to sod farming authorized by permit and performed in conformity with the conditions and safeguards prescribed under this chapter. G. Topsoil set aside and preserved for use in accordance with Subsection F of this section shall be respread upon the surface of the land from which topsoil or sand and gravel have been stripped or removed, excepting areas which are laid out as streets, parking lots or areas to be occupied by buildings on a subdivision plat approved by the Town Planning Board. H. Upon completion of any operation regulated by this chapter, the excavation area shall be refilled and graded to such reasonable level as may be specified in the approved plan of rehabilitation. I. All material used as fill shall be free from garbage, refuse and offal and any combustible, deleterious or unwholesome matter. I All areas on which topsoil has been respread as required hereinabove shall be prepared for and seeded with grass unless other vegetation or planting with vines or other covering is specified in an approved plan of rehabilitation. K. Adequate provisions shall be made for the prevention of the accumulation of water from any source as a result of such operations. L. No excavations shall be made which shall cause pollution to any underground water supply by saltwater intrusion or other causes. M. The setback areas shall not be used for the storage of any products or other materials or equipment. N. Natural vegetation is to remain undisturbed within the setback area. In cases where natural vegetation is inadequate in such area to provide proper screening, a suitable planting of shrubbery shall be required. O. The operations shall comply with all statutes, ordinances, rules and regulations applicable thereto. 228:6 06-01 - 2012 § 228-7 SOIL REMOVAL § 228-7 P. The issuance of a permit hereunder shall not constitute authorization for washing, screening or other processing of excavated materials unless expressly authorized by such permit. 228:6.1 06-01 - 2012 Chapter 236 STORMWATER MANAGEMENT ARTICLE I General Provisions § 236-1. Title. § 236-2. Statutory authorization/and § 236-9. conflicts with other laws. § 236-3. Findings of fact. § 236-4. Purpose. § 236-5. Definitions. § 236-6. Applicability and prohibitions. § 236-7. Performance and design pollutants by use of best criteria for stormwater management practices. management and erosion and Suspension of access to MS4 in sediment control. § 236-8. Stormwater Management § 236-14. Officer and authority. § 236-9. Maintenance, inspection and treatment systems prohibited. repair of stormwater facilities. § 236-10. Exemptions. § 236-11. Approved plans. § 236-12. Amendments and modifications § 236-17. to stormwater management pollutants by use of best control plan. ARTICLE II Requirements for All Stormwater Discharges § 236-13. Requirements for all § 236-18. Performance standards for approval of stormwater management control plan. ARTICLE III Additional Requirements §_236-19. Activities covered. § 236-20. Application process. § 236-21. Other environmental permits. § 236-22. Contractor identification and certification. § 236-23. SWPPP and other documents retained on site. § 236-24. Inspection of stormwater facilities after project completion. ARTICLE IV Illicit Discharges § 236-25. Discharge and connection stormwater discharges. § 236-14. Requirements for all Failing individual sewage land -disturbing activities or treatment systems prohibited. impervious surfaces. § 236-15. Activities requiring stormwater stormwater prohibited. management control approval. § 236-16. Compliance. § 236-17. Application process. . § 236-18. Performance standards for approval of stormwater management control plan. ARTICLE III Additional Requirements §_236-19. Activities covered. § 236-20. Application process. § 236-21. Other environmental permits. § 236-22. Contractor identification and certification. § 236-23. SWPPP and other documents retained on site. § 236-24. Inspection of stormwater facilities after project completion. ARTICLE IV Illicit Discharges § 236-25. Discharge and connection prohibitions. § 236-26. Failing individual sewage treatment systems prohibited. § 236-27. Activities contaminating stormwater prohibited. § 236-28. Prevention, control and reduction of stormwater pollutants by use of best management practices. § 236-29. Suspension of access to MS4 in emergency situations or due to illicit discharge. § 236-30. Industrial or construction . activity discharges. § 236-31. Access and monitoring of discharges. 236:1 06-01 - 2012 § 236-1 SOUTHOLD CODE § 236-3 § 236-32. Notification of spills. ARTICLE V Administration and Enforcement § 236-33. Enforcement. § 236-34. All stormwater discharges. § 236-35. Illicit discharges. § 236-36. Remedies not exclusive. [HISTORY: Adopted by the Town Board of the Town of Southold 3-27-2007 by L.L. No. 9-2007; amended in its entirety 2-14-2012 by L.L. No. 3-2012. Other amendments noted where applicable.] GENERAL REFERENCES Coastal erosion hazard areas — See Ch. 111. Subdivision of land — See Ch. 240. Environmental quality review — See Ch. 130. Wetlands — See Ch. 275. Flood damage prevention — See Ch. 148. Zoning — See Ch. 280. Soil removal — See Ch. 228. ARTICLE I General Provisions § 236-1. Title. This chapter shall be known as the "Stormwater Management; Erosion and Sediment Control; and Illicit Discharges Law." § 236-2. Statutory authorization/and conflicts with other laws. A. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to control flooding, erosion or sedimentation within the entire Town. B. Conflict with other laws. In their interpretation and application, the provisions of this chapter shall be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of the New York State Department of Environmental Conservation SPDES general permits for construction activities (GP -0-10-001) and for stormwater discharges from MS4s (GP -02-02), as amended or revised, and the corresponding regulations, the most restrictive or that imposing the highest standards shall govern. § 236-3. Findings of fact. It is hereby determined that: A. Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition; 236:2 06-01-2012 § 236-3 STORMWATER MANAGEMENT § 236-4 B. Stormwater runoff contributes to increased quantities of water -borne pollutants, including siltation of aquatic habitat for fish and other desirable species, and may adversely affect aquatic organisms through changes in temperature and salinity; C. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat; D. Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank, shoreline and bluff erosion and sedimentation; E. Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow; F. Substantial economic losses can result from these adverse impacts on the waters of the Town; G. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities; H. The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel, shoreline and bluff erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety; I. Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development; and J. Illicit discharges threaten water quality through the introduction of toxic and hazardous substances. § 236-4. Purpose. It is the purpose of this chapter to promote and protect, to the maximum extent practicable, the public health, safety and general welfare by i) establishing minimum stormwater management requirements and controls; ii) regulating nonstormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law; and iii) establishing methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) general permit for MS4. The objectives of this chapter are as follows: A. Minimizing soil erosion, sedimentation and stormwater runoff, B. Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream channels and natural protective features, including, but not limited to, 236:3 06-01 - 2012 § 236-4 SOUTHOLD CODE § 236-4 wetlands, bluffs, dunes, beaches, natural protective features, which contribute to the accommodation of floodwaters and retention of sediment; C. Controlling, restricting or prohibiting land use activities which increase nonpoint source pollution due to stormwater runoff and/or which result in discharge onto public lands, neighboring properties or natural protective features; D. Assuring that land and water uses in the Town are designed and/or conducted using best management practices to control flooding, stormwater runoff and minimize stormwater runoff from discharging onto public lands, neighboring properties or natural protective features; E. Promoting the recharge of stormwater into the freshwater aquifer to protect the drinking water supply and minimize saltwater intrusion. F. Meet the requirements of minimum control measures 4 and 5 of the SPDES general permit for stormwater discharges from municipal separate stormwater sewer systems (MS4s), Permit No. GP -02-02, or as amended or revised; G. Require land development activities to conform to the substantive requirements of the New York State Department of Environmental Conservation SPDES general permits for construction activities (GP -0-10-001) and for stormwater discharges from MS4s (GP -0-10-002) or as amended or revised; H. Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, temperature fluctuations of surface waters of the State of New York, and streambank erosion and maintain the integrity of stream channels; I. Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality; I Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; K. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety; L. To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge nonstormwater wastes; M. To prohibit illicit connections, activities and discharges to the MS4; N. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter; and O. To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4. 236:4 06 - 01- 2012 § 236-5 STORMWATER MANAGEMENT § 236-5 § 236-5. Definitions. 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). AGRICULTURAL PRODUCTION — The production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems and any other structures used exclusively for agricultural purposes. AGRICULTURE — The production, keeping or maintenance, for sale, lease or personal use, of all plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. ALTER HYDROLOGY FROM PRE- TO POST -DEVELOPMENT CONDITIONS — The post -development peak flow rate(s) has increased by more than 5% of the pre -developed condition for the design storm of interest (e.g., ten-year and one -hundred -year). APPLICANT — The person, persons or legal entity which owns or leases the property on which the construction activity is occurring and/or an entity that has operational control over the construction plans and specifications, including the ability to make modifications to the plans and specifications. BEST MANAGEMENT PRACTICES (BMPs) — Schedule of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. BUILDING — A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property. BUILDING INSPECTOR — The persons(s) appointed by the Town Board to enforce the provisions of Southold Code Chapter 280 and this chapter. CHANNEL — A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. CLEAN FILL — Naturally deposited earthen material from an approved upland borrow source. 236:5 06-01 - 2012 § 236-5 SOUTHOLD CODE § 236-5 CLEAN WATER ACT — The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendments thereto. CLEARING — Cutting down, felling, thinning, logging or removing, killing, destroying, poisoning, ringbarking, uprooting, grubbing or burning vegetation, severing, topping or lopping branches, -limbs, stems or trunks or substantially damaging or injuring in other ways that would cause or contribute to the death or affect the survivability and growth of vegetation. This definition also includes removal of dead and dying vegetation. COMBINED SEWER — A sewer that is designed to collect and convey both "sewage" and "stormwater." COMMENCE (COMMENCEMENT OF) CONSTRUCTION ACTIVITIES — The initial disturbance of soils associated with clearing, grading or excavation activities, or other construction -related activities that disturb or expose soils, such as demolition, stockpiling of fill material, and the initial installation of erosion and sediment control practices required in the SWPPP. CONSTRUCTION — The siting, building, erection, extension, or material alteration of any structure, the use of which requires permanent or temporary location on the ground, as well as the installation of any hardened surfaces at or below grade. CONSTRUCTION ACTIVITY — 1) Activities involving land disturbance of 5,000 square feet or more including disturbances of less than 5,000 square feet that are part of a larger common plan of development that will ultimately disturb 5,000 or more square feet of land, excluding routine maintenance activity that is performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility; and/or 2) activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP -0-10-001, as amended or revised. These SPDES permit activities include construction projects resulting in land disturbance of one or more acres unless determined otherwise by the Department or Town of Southold. All construction activities include but are not limited to clearing and grubbing, grading, excavating and demolition. DEDICATION — The deliberate appropriation of property by its owner for general public use. DEPARTMENT — The New York State Department of Environmental Conservation. DESIGN MANUAL — The New York State Stormwater Management Design Manual, most recent version including application updates, that serves as the official guide for stormwater management principles, methods and practices. DESIGN PROFESSIONAL — New York State licensed professional engineer or licensed architect. DEVELOPER — A person who undertakes land development activities. DEVELOPMENT — Any man-made change to improved or unimproved real property, including but not limited to any construction activities, the construction of buildings or other structures, creating access to and circulation within the site, clearing of vegetation, grading, providing utilities and other services, parking facilities, drainage systems, methods of sewage 236:6 06-01-2012 § 236-5 STORMWATER MANAGEMENT § 236-5 disposal and other services, and creating land forms. Development also includes significant alteration of natural resources in preparation for development, such as the dredging or filling of wetlands, ponds or other natural drainage areas. DIRECT DISCHARGE (TO A SPECIFIC SURFACE WATER BODY) — That runoff flows from a construction site by overland flow and the first point of discharge is the specific surface water body, or runoff flows from a construction site to a separate storm sewer system and the first point of discharge from the separate storm sewer system is the specific surface water body. DISCHARGE — To emit, expel, pour, direct or otherwise cause the flow of liquid in a manner other than the natural course of that liquid which existed prior to the disturbance of the natural state of the land upon which it flowed, if any. DRAINAGE SYSTEMS — Includes gutters, swales, pipes, conduits and superstructures (e.g., dry wells, sumps, berms, etc.) for the collection and conduction of stormwater to an adequate facility for its storage and disposal. EROSION — The wearing away of land as a result of the action of natural forces or man -related activities. EROSION CONTROL MANUAL — The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control' manual, commonly known as the 'Blue Book." EROSION, SEDIMENTATION AND STORMWATER RUNOFF CONTROL PLAN — A drawing showing the proposed use of the site and the methods, techniques and improvements, both during and after construction, that will be employed to control erosion, sedimentation and stormwater runoff, which shall employ best management practices. Where the nature of the existing conditions and proposed activities warrant, the Building Inspector may require that such plan be prepared by a design professional licensed in the State of New York. EXCAVATION — The removal, addition, or alteration of soil, sand, or vegetation by digging, dredging, drilling, cutting, scooping, or hollowing out. FILLING — The deposition of natural or artificial material so as to modify the surface or subsurface conditions of upland or underwater land. FINAL STABILIZATION — That all soil disturbance activities have ceased and a uniform, perennial vegetative cover with a density of 80% over the entire pervious surface has been established, or other equivalent stabilization measures, such as permanent landscape mulches, rock riprap or washed/crushed stone have been applied on all disturbed areas that are not covered by permanent structures, concrete or pavement. GRADING — The excavation, filling or alteration of the surface or subsurface conditions of land, lakes, ponds, or watercourses. HAZARDOUS MATERIALS — Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or 236:7 06-01 - 2012 § 236-5 SOUTHOLD CODE § 236-5 potential hazard to human health, safety, property or the environment when improperly treated, stored, disposed of, or otherwise managed. ILLICIT CONNECTIONS — Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including but not limited to: A. Any conveyances which allow any nonstormwater discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4 and any connection to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or B. Any drain or conveyance connected to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. ILLICIT DISCHARGE — Includes but is not limited to discharge of solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam -cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage; roof structure runoff; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel. Illicit discharges include any direct or indirect discharge to the MS4, except as exempted in § 236-25A (discharge prohibitions) and/or as permitted by the Town. IMPERVIOUS SURFACE — Any surface exposed to stormwater from which water runs off and cannot pass through, including but not limited to structures, paving, paving blocks, bedding material, packed earth, treated surfaces, roof structures, patios, decking, stoops, porches, and accessory structures. INDIVIDUAL SEWAGE TREATMENT SYSTEM — A facility serving one or more parcels of land or residential households, or a private commercial or institutional facility, that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law. INDUSTRIAL ACTIVITY — Activities requiring the SPDES permit for discharges from industrial activities except construction, GP -98-03, as amended or revised. INDUSTRIAL STORMWATER PERMIT — A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. INFILTRATION — The process of percolating stormwater into the subsoil. JURISDICTIONAL WETLAND — An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation." 236:8 06-01 - 2012 § 236-5 STORMWATER MANAGEMENT § 236-5 LAND DEVELOPMENT ACTIVITY — Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 5,000 square feet unless determined otherwise by the Department or the Town of Southold, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules. LANDOWNER — The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. LARGER COMMON PLAN OF DEVELOPMENT OR SALE — A contiguous area where multiple separate and distinct construction activities are occurring, or will occur, under one plan. The term "plan" in "larger common plan of development or sale" is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, marketing plan, advertisement, drawing, permit application, State Environmental Quality Review Act [SEQRA] application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating that construction activities may occur on a specific plot. MAINTENANCE AGREEMENT — A legally recorded document that acts as a property deed restriction and which provides for long-term maintenance of stormwater management practices. MUNICIPAL PERMIT — Any permit, grant, approval, license, certificate or other authorization issued by the Town of Southold, including but not limited to permits for building, grading, demolition, clearing and excavation and subdivision and site plan approvals. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) — A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, culverts, sumps, dikes, dams, man-made channels, boat ramps or storm drains and other MS4 control systems): A. Owned or operated by the Town of Southold, state, county or village; B. Designed or used for collecting or conveying stormwater; C. Which is not a combined sewer; and D. Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2. NATURAL DRAINAGE — The stormwater runoff patterns resulting from topographical and geological surface conditions, prior to clearing, regrading or construction. NATURAL PROTECTIVE FEATURE — A nearshore area, beach, bluff, dune or wetland and the vegetation thereon. NATURAL WATERCOURSE — The route formed by natural processes, topography and geology leading to a natural watershed. 236:9 06-01-2012 § 236-5 SOUTHOLD CODE § 236-5 NATURAL WATERSHED — An area of land which, in its natural state and prior to any man-made change, and due to its topography and geology, drains to a particular location within that area. NONPOINT SOURCE POLLUTION — Pollution from any source other than from any discernible, confined, and discrete conveyances and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal, residential, commercial and urban runoff sources. NONSTORMWATER DISCHARGE — Any discharge to the MS4 that is not composed entirely of stormwater. ONE -HUNDRED -YEAR FLOODPLAIN — The land area subject to the highest level of flooding that, on the average, is likely to occur once every 100 years (i.e., that has a one -percent chance of occurring each year), as said level is shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the Southold Town Building Department. PERVIOUS SURFACE — A pervious surface is one that has the ability to be readily penetrated by stormwater or other runoff. Pervious pavement mixtures contain little or no fine particles creating a substantial void content while still maintaining its structure integrity. Aggregate materials typically consist of No. 1 or No. 2 rounded "rocklike" fragments using sufficient approved cementitious materials, paste or bonding agents to permanently fasten aggregate particles together to create a system of highly permeable, interconnected voids that freely drain. Typically, between 15% and 25% of interconnected voids are required for consideration as a pervious pavement. The flow rate of water through pervious surfaces is typically around five gallons per square foot per minute or higher. PHASING — Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next. POLLUTANT — Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste and ballast discharged into water, which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards. POLLUTANT OF CONCERN — Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body, such as pathogens, phosphorous, heavy metals or dissolved oxygen that will receive a discharge from the land development activity. PREMISES — Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips. PROJECT — Land development activity. QUALIFIED INSPECTOR — A person who is knowledgeable in the principles and practices of erosion and sediment control, such as a licensed professional engineer, certified 236:10 06-01-2012 § 236-5 STORMWATER MANAGEMENT § 236-5 professional in erosion and sediment control (CPESC), registered landscape architect, or other Department -endorsed individual(s). QUALIFIED PROFESSIONAL — A person who is knowledgeable in the principles and practices of stormwater management and treatment, such as a licensed professional engineer, registered landscape architect or other Department -endorsed individual(s). Individuals preparing SWPPPs that require the post -construction stormwater management practice component must have an understanding of the principles of hydrology, water quality management practice design, water quantity control design, and, in many cases, the principles of hydraulics in order to prepare an SWPPP that conforms to the Department's technical standard. All components of the S WPPP that involve the practice of engineering, as defined by the New York State Education Law (see Article 145), shall be prepared by, or under the direct supervision of, a professional engineer licensed to practice in the State of New York. RECHARGE — The replenishment of underground water reserves. RESPONSIBLE PARTY — Owners and occupants of premises, applicants for municipal permits, and any other person or entity contributing to an act regulated by this chapter. SEDIMENTATION — The processes that operate at or near the surface of the ground to deposit soils, debris and other materials either on other ground surfaces or in water channels. SEDIMENT CONTROL — Measures that prevent eroded sediment from leaving the site. SENSITIVE AREAS — Cold -water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special -concern species. SITE PREPARATION — The activities of stripping, clearing, grubbing, excavating, filling, and grading to facilitate construction or other use of the land. STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) GENERAL PERMIT FOR CONSTRUCTION ACTMTIES GP -0-10-001 — A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land. SPECIAL CONDITIONS A. Discharge compliance with water quality standards: The condition that applies where the Town of Southold has been notified that the discharge of stormwater authorized under its MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the Town must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards. B. Section 303(d) listed waters: The condition in the Town's MS4 permit that applies where the MS4 discharges to a 303(d) -listed water. Under this condition, the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) -listed water. 236:11 06-01 - 2012 § 236-5 SOUTHOLD CODE § 236-5 C. Total, maximum daily load (TMDL) strategy: The condition in the Town's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by the EPA for a water body or watershed into which the MS4 discharges. D. The condition in the Town's MS4 permit that applies if a TMDL is approved in the future by the EPA for any water body or watershed into which an MS4 discharges. Under this condition, the Town must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the Town must, within six months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. STABILIZATION — The use of practices that prevent exposed soil from eroding. STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) — The system established pursuant to Article 17 of the ECLI and 6 NYCRR Part 750 for issuance of permits authorizing discharges to the waters of the state. STOP -WORK ORDER — An order issued which requires that all construction activity on a site be stopped. STORMWATER — Rainwater, surface runoff, snowmelt and drainage. STORMWATER HOTSPOT — A land use or activity that generates higher concentrations of pollutants of concern or toxicants than are found in typical stormwater runoff, based on monitoring studies. STORMWATER MANAGEMENT — The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment. STORMWATER MANAGEMENT CONTROL PLAN — The plan required by the Town to comply with the provisions of this chapter. For the purposes of this chapter, a stormwater pollution prevention plan, when required by the Department's regulations, will qualify as a stormwater management control plan. STORMWATER MANAGEMENT FACILITY — One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff. STORMWATER MANAGEMENT OFFICER (SMO) — An employee or officer designated by the Town to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices. STORMWATER MANAGEMENT PRACTICES (SMPs) — Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies. 1. Editor's Note: The Environmental Conservation Law; see § 17-0101 et seq. 236:12 06-01 - 2012 § 236-5 STORMWATER MANAGEMENT § 236-5 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) — A plan for controlling stormwater runoff and pollutants from a site during and after construction activities. STORMWATER RUNOFF — That part of stormwater that flows over the land surface. SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP -0-10-002 — A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with United States Environmental Protection Agency (EPA) established water quality standards and/or to specify stormwater control standards. STRIPPING — The process of mechanically scraping away topsoil. STRUCTURE — Any object constructed, erected, installed or placed on land or in water, including buildings, sheds, mobile homes, tanks, bulkheads, piers and docks and any additions or alterations thereto. SURFACE WATERS OF THE STATE OF NEW YORK Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state. Waters of the state are further defined in 6 NYCRR Parts 800 to 941. TEMPORARY STABILIZATION — That exposed soil has been covered with material(s) as set forth in the technical standard, New York Standards and Specifications for Erosion and Sediment Control, to prevent the exposed soil from eroding. The materials can include, but are not limited to, mulch, seed and mulch, and erosion control mats (e.g., jute twisted yarn, excelsior wood fiber mats). 303(d) LIST — A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the Department as required by Section 303(d) of the Clean Water Act.z Section 303(d) listed waters are estuaries, bays, creeks, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years. TOPSOIL — The uppermost layer of soil, usually the top 15 to 20 centimeters, it having the highest concentration of organic matter and microorganisms, and where most of the Earth's biological soil activity occurs. TOTAL MAXIMUM DAILY LOAD (TMDL) — A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. It is a calculation of the 2. Editor's Note: See 33 U.S.C. § 1313(d). 236:13 06-01 - 2012 § 236-5 SOUTHOLD CODE § 236-6 maximum amount of a pollutant that a water body can receive on a daily basis and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL stipulates wasteload allocations (WLAs) for point source discharges, load allocations (LAs) for nonpoint sources, and a margin of safety (MOS). TRAINED CONTRACTOR — An employee from the contracting (construction) company that has received four hours of Department -endorsed training in proper erosion and sediment control principles from a soil and water conservation district or other Department -endorsed entity. After receiving the initial training, the trained contractor shall receive four hours of training every three years. WASTEWATER — Water that is not stormwater, is contaminated with pollutants and is or will be discarded. WATERCOURSE — A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water. WATER QUALITY STANDARD — Such measures of purity or quality for any waters in relation to their reasonable and necessary use as promulgated in 6 NYCRR Part 700 et seq. WATERWAY — A channel that directs surface runoff to a watercourse or to the public storm drain. § 236-6. Applicability and prohibitions. This chapter shall apply to all property within the Town of Southold and shall govern: A. Applicability. (1) All grading, drainage and erosion control, whether or not a permit is required; (2) All new or replaced impervious surface and all land development activities, whether or not a permit is required; (3) All discharges directly or indirectly to a highway or public right-of-way, public drainage control system, neighboring property, wetland or public waterway; and (4) All new and existing land uses within the Town. (5) All water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. B. General prohibitions. The following items are not authorized under this chapter: (1) Discharges after land development activities have been completed and the site has undergone final stabilization. (2) Discharges that are mixed with sources of nonstormwater other than those authorized in § 236-25A(1) of this chapter and identified in an SWPPP required by this chapter. 236:14 06-01 - 2012 § 236-6 STORMWATER MANAGEMENT § 236-7 (3) Discharges that are required to obtain an individual SPDES permit or another SPDES general permit by the Department. (4) Discharges from land development activities that adversely affect a listed, or proposed to be listed, endangered or threatened species, or its critical habitat. (5) Discharges which either cause or contribute to a violation of water quality standards adopted pursuant to the State Environmental Conservation Law and its accompanying regulations. (6) Land development activities for residential, commercial and institutional projects that disturb one or more acres of land with no existing impervious cover and where the soil slope phase is identified as an E or F on the USDA soil survey for Suffolk County. (7) Land development activities for linear transportation projects and linear utility projects that disturb two or more acres of land with no existing impervious cover and where the soil slope phase is identified as an E or F on the USDA soil survey for Suffolk County. (8) Land development activities that adversely affect a property that is listed or is eligible for listing on the State or National Register of Historic Places, unless there are written agreements in place with the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) or other governmental agencies to mitigate the effects or there are local land use approvals evidencing the same. § 236-7. Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria: A. All land -disturbing activities or the addition or replacement of impervious surfaces shall provide temporary and permit construction controls and shall be required to contain a two-inch rainfall on site, even where approval of the Stormwater Management Officer is not required under this chapter. . B. Technical standards. For the purpose of this chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed herein: (1) The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual'). (2) New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereinafter referred to as the 'Erosion Control Manual'). 236:15 06-01 - 2012 § 236-7 SOUTHOLD CODE § 236-9 C. Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 236-7B, and the SWPPP shall be prepared by a design professional. D. Water quality standards. Any land development activity shall not cause or contribute to a violation of water quality standards as contained in Parts 700 through 705 of Title 6 of the Oficial Compilation of Codes, Rules and Regulations of the State of New York, such as: (1) There shall be no increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York; (2) There shall be no increase in suspended, colloidal or settleable solids that will cause deposition or impair the waters for their best usages; and (3) There shall be no residue from oil and floating substances, nor visible oil film nor globules of grease. § 236-8. Stormwater Management Officer and authority. The Town Board shall designate Stormwater Management Officers by resolution. The Stormwater Management Officers shall have the following authority: A. To accept and review all stormwater pollution prevention plans and approve such plans prior to the approval of any municipal board. B. Upon approval of the Town Board, engage the services of a registered professional engineer to review plans, specifications and related documents and for such costs to be paid by the applicant. C. Accept the certification of a qualified professional that the plans conform to the requirements of this chapter. § 236-9. Maintenance, inspection and repair of stormwater facilities. A. Maintenance and inspection during construction. (1) The applicant or developer of any land development activity proposed under this chapter, as set forth in Articles II and/or III, or their representative shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant to achieve compliance with the requirements of this chapter. Sediment shall be removed from any sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. (2) For land development activities as defined in Article IIl, § 236-19, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and 236:16 06-01-2012 § 236-9 STORMWATER MANAGEMENT § 236-9 within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site log book. (3) For land development activities regulated under Articles H and/or III, the applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. B. Maintenance easements. Prior to the issuance of any approval for those activities regulated under Article III that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Southold to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the applicant or developer in the office of the County Clerk after approval by the Town Attorney. C. Inspection after construction. Inspection for stormwater management control plan compliance shall be conducted by the Stormwater Management. Officer for those activities regulated under Articles II and/or III to determine that the work has been completed in accordance with such plan. The plan may be modified by mutual agreement if, during or after installation, the Stormwater Management Officer deems that the installed measures are not adequate to meet the performance standards or if alternatives would better meet the Code requirements. If no agreement is reached, the Stormwater Management Officer may require the submission of a modified plan in order to maintain compliance with this chapter. D. Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with Article III of this chapter shall ensure they are operated and maintained to achieve the goals of this chapter. Proper operation and maintenance also includes, at a minimum, the following: (1) A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter. (2) Written procedures for operation and maintenance and training new maintenance personnel. (3) Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with Article I of this chapter, § 236-7D Water quality standards. E. Restoration. For land development activities regulated under Articles II and/or III, any clearing, excavation or development of land in violation of this chapter shall be corrected forthwith after written notice by the Stormwater Management Officer. In the event that corrective action is not taken as directed within a reasonable time, the Town may, at its own expense, take corrective action to restore the property or initiate legal action against any responsible party, owner, occupant, builder, architect, contractor or their agents, or 236:17 06-01 - 2012 § 236-9 SOUTHOLD CODE § 236-10 any other person undertaking land development activities regulated under Articles II and/or III to prevent unlawful or unauthorized activity. The cost of restoration shall become a lien upon the property upon which such unlawful activity occurred. F. Maintenance agreements. For land development activities regulated under Article III, the Town of Southold shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. § 236-10. Exemptions. The following activities shall be exempt from review under this chapter unless the Department or Town SMO has determined that the activity is a substantial contributor of pollutants to a particular MS4 covered under the SPDES general permit; the Department or Town SMO requires such activities in a particular watershed; and the activity is designated within the SWMPP as draining into the MS4 and subsequently discharges into the surface waters of the state directly or through other MS4s: A. Agricultural production as defined in this chapter. However, this exemption does not extend to the operation of a dude ranch or similar operation or to the construction of new structures associated with agricultural production. B. Routine maintenance activities that disturb less than 5,000 square feet and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility. C. Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer. D. Any part of a subdivision road and drainage plan if a plat for the subdivision has been approved by the Town of Southold Planning Board and constructed on or before the effective date of this chapter. E. Land development activities for which an unexpired building permit has been approved on or before the effective date of Chapter 236. F. Individual cemetery grave sites in a developed or preexisting cemetery. G. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles. H. Emergency activity immediately necessary to protect life, property or natural resources. I. Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family. J. Landscaping and horticultural activities in connection with an existing structure, with a disturbance of less than 5,000 square feet of land. K. Minor clearing or excavation work not incident to a substantial change in the existing use of the land, which may be reasonably expected not to contribute to any additional 236:18 06-01 - 2012 § 236-10 STORMWATER MANAGEMENT § 236-12 on -site -generated runoff or degradation of any lands or water beyond the boundaries of the property involved. L. Emergency repairs on public or private objects, necessary for the preservation of life, health or property, or taken to implement and accomplish the beneficial purpose of this chapter as set forth herein under such circumstances where it would be impracticable to obtain approval prior to making such emergency repairs. Following such an emergency situation, however, any approvals required by this chapter shall be obtained. M. Routine maintenance or repair work on public or private roads or utility line rights-of-way where interim and permanent stormwater runoff control measures will be undertaken. To the maximum extent practicable, vegetation shall be used as a stabilizer and method of filtering and slowing stormwater flow from road surfaces. N. Pervious structures, e.g., open decks, where the removal of topsoil allows for the recharge of groundwater. § 236-11. Approved plans. Plans approved by the Building Inspector in conjunction with the issuance of a building permit with an approved stormwater management control plan are binding as against future purchasers, granting the Town permission to enter the property for compliance enforcement purposes, and containing a summary of the plan's requirements. Prior to obtaining a certificate of occupancy from the Building Inspector, an as -built drawing illustrating the as -built location and dimension of any stormwater management control measures from at least two corners of the foundation of the principal structure or other fixed locations shall be submitted to the Building Inspector. When necessary, the Town may also require the filing of covenants and restrictions to be filed with the County Clerk as a condition of approval. § 236-12. Amendments and modifications to stormwater management control plan. A. An application for an amendment to a previously approved stormwater management control plan shall include the previously approved plan, together with all amendments noted therein. The SMO shall determine compliance with this chapter as of the date of submission thereof. B. Upon its review of an application for amendment(s) to a previously approved stormwater management control plan, the SMO must make a finding that all standards are satisfied and may impose such reasonable conditions as it deems appropriate or any reasonable modification to the plan as the SMO deems appropriate in connection with its approval of the proposed amendment. C. The applicant must keep the SWPPP current so that it at all times accurately documents the erosion and sediment control practices that are being used or will be used during construction and all post -construction stormwater management practices that will be constructed on the site. At a minimum, the applicant shall amend the SWPPP: (1) Whenever the current provisions prove to be ineffective in minimizing pollutants in stormwater discharges from the site; 236:19 06-01-2012 § 236-12 SOUTHOLD CODE § 236-14 (2) Whenever there is a change in design, construction or operation at the construction site that has or could have an effect on the discharge of pollutants; and (3) To address issues or deficiencies identified during an inspection by the qualified inspector, the Department, the Town, or other regulatory authority. D. The Department or the SMO may notify an applicant at any time that the SWPPP does not meet one or more of the minimum requirements of this chapter or the general permit. The notification shall be in writing and identify the provisions of the SWPPP that require modification. Within 14 calendar days of such notification, or as otherwise indicated by the SMO, the applicant shall make the required changes to the SWPPP and submit written notification to the Town that the changes have been made. If the applicant does not respond to the Department's or the Town's comments in the specified time frame, the Town may revoke the SMO approval. ARTICLE II Requirements for All Stormwater Discharges § 236-13. Requirements for all stormwater discharges. For all stormwater discharges, responsible parties shall implement and maintain operational source controls to include but not be limited to: A. Installation of drainage control structures to contain and recharge all runoff generated by development. B. Maintaining private roads, streets, driveways, parking lots and walkways. C. Identifying and eliminating unauthorized connections to Town drainage control systems and public rights-of-way. D. Maintaining and protecting natural drainage patterns. E. Maintaining and protecting natural watersheds. F. Identifying and eliminating stormwater that is generated by the proposed development from discharging to adjacent properties. § 236-14. Requirements for all land -disturbing activities or impervious surfaces. All land -disturbing activities or addition or replacement of impervious surfaces shall provide temporary and permanent construction controls and shall be required to contain a two-inch rainfall on site, even where an approval of the SMO is not required under this chapter. All applicants for municipal permits shall demonstrate to the satisfaction of the SMO that the proposed activities can meet this standard, either by the installation of gutters, leaders, dry wells or other measures, prior to the issuance of such a municipal permit. 236:20 06-01 - 2012 § 236-15 STORMWATER MANAGEMENT § 236-17 § 236-15. Activities requiring stormwater management control approval. None of the following activities shall be undertaken until an approval of the SMO has been issued under the provisions of this chapter. A. Clearing, grubbing, grading or stripping which affects more than 5,000 square feet of ground surface. B. Excavation or filling involving more than 200 cubic yards of material within any parcel or any contiguous area. C. Site preparation on slopes which exceed 10 feet of vertical rise to 100 feet of horizontal distance. D. Site preparation within 100 feet of wetlands, beach, bluff or coastal erosion hazard area. E. Site preparation within the one -hundred -year floodplain as depicted on FIRM of any watercourse. F. Installation of new or resurfaced impervious surfaces of 1,000 square feet or more, unless prior approval of a stormwater management control plan was received by the Town and the proposal includes in-kind replacement of impervious surfaces. § 236-16. Compliance. A. All development, construction, excavation and landscaping activities regulated by this chapter shall be conducted in accordance with an approved stormwater management control plan. B. Where a subdivision plat or site plan approval has been obtained and drainage has been addressed to the satisfaction of the SMO, the SMO may consider such approval in satisfaction of these requirements. However, all development on individual lots in an approved subdivision shall remain subject to these requirements on an individual basis. § 236-17. Application process. A. Any applicant for a municipal approval to conduct a development, construction, construction activity, land development activity or excavation activity within the Town of Southold shall complete a stormwater assessment form to assist in determining compliance with this chapter. Applicants that meet the threshold set forth above and require a stormwater management control approval shall also submit a stormwater management control plan to the Board/Town department reviewing the municipal approval application. B. Upon receipt by the Board/Town department reviewing the application to conduct any activity regulated by this chapter, the Board/Town department reviewing the municipal approval application shall refer the proposed stormwater management control plan to the SMO for comment and recommendation. No municipal approval shall be issued for activities requiring a Stormwater Management Control approval, nor shall any application 236:21 06-01-2012 § 236-17 SOUTHOLD CODE § 236-17 therefor be deemed complete, until the SMO has first issued his or her approval of the stormwater management control plan. C. Such plan shall contain the following elements where required by the SMO, which may be integrated into a site plan or subdivision plat submitted for approval pursuant to applicable Town law: (1) A general location map drawn to a scale of not less than 2,000 feet to one inch showing the relationship of the site to its general surroundings. (2) A plan of the site drawn to a scale of not less than 60 feet to the inch showing the location and description of property boundaries, site acreage, existing natural and man-made features on and within 500 feet of the site boundary, including roads, structures, water sources, drainage structures, utilities, topography including existing contours with intervals of not more than five feet where the slope is 10% or greater and not more than two feet where the slope is less than 10%, test hole indicating soil characteristics, location of wooded areas, the depth to seasonal high water table and a copy of the soil conservation district soil survey. (3) Background information about the scope of the project and location and description of proposed changes to the site and existing development on the site, which includes: (a) All improvements, including total area of land disturbance and total site area. (b) All excavation, filling, stripping and grading proposed to be undertaken, identified as to the depth, volume, and nature of the materials involved; (c) All areas requiring clearing, identified as to the nature of vegetation affected; (d) All areas where topsoil is to be removed and stockpiled and where topsoil is to be ultimately placed; (e) All temporary and permanent vegetation to be placed on the site, identified as to planting type, size, and extent; (f) All temporary and permanent stormwater runoff control measures identified as to the type of facility, the materials from which it is constructed, its dimensions, and its capacity in cubic feet, including soil stabilization techniques and stormwater drainage and storage systems, including ponds, recharge and sediment basins. (g) The anticipated pattern of surface drainage during periods of peak runoff, upon completion of site preparation and construction activities, identified as to rate and direction of flow at all major points within the drainage system; (h) The location of all roads, driveways, sidewalks, structures, utilities, and other improvements, including temporary access and construction staging areas; and 236:22 06-01 - 2012 § 236-17 STORMWATER MANAGEMENT § 236-17 (i) The existing and final contours of the site at intervals of not more than five feet where the slope is 10% or greater and not more than two feet where the slope is less than 10%. (4) A schedule of the sequence of installation of planned soil erosion, sedimentation and stormwater runoff control measures as related to the progress of the project, including anticipated starting and completion dates. (5) Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavating and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. (6) Description of pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff. (7) A description of the minimum erosion and sediment control practices to be installed or implemented for each construction activity that will result in soil disturbance. Include a schedule that identifies the timing of initial placement or implementation of each erosion and sediment control practice and the minimum time frames that each practice should remain in place or be implemented. (8) Description of construction and waste materials expected to be stored on site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response. (9) Temporary and permanent soil stabilization plan that meets the requirements of the most current version of the technical standard, New York State Standards and Specifications for Erosion and Sediment Control, for each stage of the project, including initial land clearing and grubbing to project completion and achievement of final stabilization. (10) A site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map shall show the total site area; all improvements; areas of disturbances; areas that will not be disturbed; existing vegetation on site and adjacent off-site surface water(s) wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of different soil types with boundaries; material, waste, borrow or equipment storage areas located on adjacent properties; and location(s) of stormwater discharge(s); and the specific location(s), size(s), and length(s) of each erosion and sediment control practice. (11) Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins. (12) Temporary practices that will be converted to permanent control measures. 236:23 06-01-2012 § 236-17 SOUTHOLD CODE § 236-18 (13) Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place. (14) Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practices. (15) Name(s) of the potential surface waters of the State of New York and/or the receiving MS4. (16) Delineation of stormwater management control plan implementation responsibilities for each part of the site. (17) Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable. (18) Any other existing data that describes the stormwater runoff at the site. (19) The applicant must identify the contractor(s) and subcontractor(s) that will be responsible for installing, constructing, repairing, replacing, inspecting and maintaining the erosion and sediment control practices included in the SWPPP. § 236-18. Performance standards for approval of stormwater management control plan. A. The site erosion, sedimentation and stormwater runoff control measures shall be appropriate for existing topography, vegetation and other salient natural features of the site. The plan shall indicate that the development will preserve natural features, minimize grading and cut and fill operations, ensure conformity with natural topography, and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and adequately handle the volume and rate or velocity of surface water runoff. B. Site grading, excavation and filling shall minimize destruction of natural vegetation, the potential for erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of neighboring property owners and the general public. C. Erosion, sedimentation and stormwater runoff shall be controlled prior to, during, and after site preparation and construction. During grading operations, appropriate measures for dust control shall be undertaken. D. Areas exposed by site preparation shall be protected during site construction with hay bales, silt fencing, temporary vegetation and/or mulching to meet the requirements of the NYSDEC Erosion Control Manual. E. Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a beach or surface waters of the State of New York, as defined herein, drainage patterns may be altered in a manner which reduces the threat to such beach or surface waters of the State of New York, as defined herein, and does not create other flooding or erosion problems. 236:24 06-01 - 2012 § 236-18 STORMWATER MANAGEMENT § 236-18 F. Site preparation, including stripping of vegetative cover and grading, shall be undertaken so that no individual building site is stripped of its vegetation cover more than 30 days prior to commencement of construction. Soils exposed or disturbed by site preparation shall remain so for the shortest practical period of time during site clearing, construction and restoration. G. Disturbed soils shall be stabilized and revegetated or seeded as soon as practicable. During the interim, erosion protection measures such as temporary vegetation, retention ponds, recharge basins, berming, silt traps and mulching shall be used to ensure that sedimentation is minimized and mitigated. H. In no case shall stormwater be diverted to another property either during site preparation or after development. In appropriate cases, with the approval of the Superintendent of Highways, drainage control measures may be implemented in the right-of-way attendant to an adjacent Town highway, at the applicant's expense. I. During the construction period, disposal of stormwater runoff generated by development activity shall be handled on site. Baling, mulching, debris basins, silt traps, silt fencing, use of fibrous cover materials or similar measures shall be used to contain soil erosion on the site. All projects, regardless of the area of groundwater removal and/or grading, shall retain a natural vegetative buffer zone along water bodies, including wetlands and marshes, as may be required by Chapter 275 by the Board of Trustees. 3 If necessary, other forms of erosion control measures will also be included. K. Natural land features such as shallow depressions shall be used, wherever possible, to collect stormwater on site for recharge. L. Site designs shall minimize impermeable paving. M. Stormwater runoff shall not be directly discharged to surface waters of the State of New York, as defined herein. Stormwater pollutants shall not be discharged directly into a surface water of the State of New York, as defined herein, but shall be attenuated by using holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas and other measures that reduce flow velocity and increase storage time. Pollutants shall not be discharged into wetlands. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly. N. All wetland vegetation shall be maintained. Dredging and site construction should not disturb wetlands either by direct removal of vegetation or substrate or by the alteration of adjacent slopes that would undermine the stability of the substrate unless permitted by Chapter 275. Grading equipment shall not be allowed to enter into or cross any watercourse or wetland without an approved SWPPP, Department approval, or in compliance with Chapter 275. O. Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands. 3. Editor's Note: See Ch. 275, Wetlands and Shoreline. 236:25 06-01-2012 § 236-18 SOUTHOLD CODE § 236-18 P. The elevation of a wetland shall not be altered unless it is part of a wetland restoration project approved by the Town and/or the Department. Q. No vegetation required by any agency as a buffer to a natural protective feature shall be disturbed by grading, erosion, sedimentation, or direct removal of vegetation. R. Fill shall not encroach on natural watercourses, constructed channels, wetlands, or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement. All temporary stockpiles and/or graded areas shall be protected with erosion control measures to include, but not be limited to, hay bales, silt fencing, and vegetation to meet the minimum requirements of the New York State Stormwater Design Manual. S. Trails and walking paths along water bodies shall be sited and constructed so they are not a source of sediment, as may be required by Chapter 2754 and/or as part of an approved SWPPP. T. The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics. However, if the site is adjacent to coastal waters, stormwater shall be contained on site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters. U. Natural floodplains and drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and floodwaters. If no practicable alternative to the location of development, roadway, driveways, and similar surfaces within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel, floodplain or Swale and to approximate the original functions of the undisturbed condition. V. No land having a slope equal to or greater than 20% shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of natural or engineered drainage and erosion control measures except accessways to shorelines permitted by Chapter 275. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater overflow. W. On lands having slopes of less than 20% but composed of highly erodible soils, development proposals shall include consideration of the load-bearing capacity of the soils. Unless it can be demonstrated that the soils can be stabilized with a minimum of on-site disturbance and no adverse impacts to the stability of neighboring properties, the development proposal shall not be approved as submitted. X. All permanent and/or final vegetation and mechanical erosion control measures called for in approved plans shall be installed within the time limits specified by the Stormwater Management Officer, and no later than the time limits specified by the Stormwater Management Officer or noted in the stormwater management control plan. 4. Editor's Note: See Ch. 275, Wetlands and Shoreline. 236:26 06-01-2012 § 236-19 STORMWATER MANAGEMENT § 236-19 ARTICLE III Additional Requirements § 236-19. Activities covered. A. Construction activities that discharge or potentially discharge stormwater to surface waters, whether directly or via an MS4, and that fall within any one of the below categories will require the submission of an SWPPP as set forth in § 236-20C(1) of this chapter which includes only erosion and sediment controls. (1) Construction activities that involve soil disturbance of one or more acres of land but less than five acres: (a) Single-family residential subdivisions with twenty -five -percent or less impervious cover at total site build -out; (b) Construction of a barn or other agricultural building, silo, stockyard or pen; and (c) Single-family homes that do not meet any of the thresholds set forth in § 236-19B. (2) The following construction activities that involve soil disturbances of one or more acres of land: (a) Installation of underground, linear utilities, such as gas lines, fiber optic cable, cable TV, electric, telephone, sewer mains, and water mains; (b) Environmental enhancement projects, such as wetland mitigation projects, stormwater retrofits and stream restoration projects; (c) Bike paths and trails; (d) Sidewalk construction projects that are not part of a road/highway construction or reconstruction project; (e) Slope stabilization projects; (f) Slope flattening that changes the grade of the site, but does not significantly change the runoff characteristics; (g) Spoil areas that will be covered with vegetation; (h) Land clearing and grading for the purposes of creating vegetated open space (i.e., recreational parks, lawns, meadows, fields), excluding projects that alter hydrology from pre- to post -development conditions; (i) Athletic fields (natural grass) that do not include the construction or reconstruction of impervious area and do not alter hydrology from pre- to post -development conditions; 0) Demolition project where vegetation will be established and no redevelopment is planned; 236:27 06-01 - 2012 § 236-19 SOUTHOLD CODE § 236-20 (k) Overhead electric transmission line project that does not include the construction of permanent access roads or parking areas surfaced with impervious cover; and (1) Structural practices as identified in Table Il in the "Agricultural Management Practices Catalog for Nonpoint Source Pollution in New York State," excluding projects that involve soil disturbances of less than five acres and construction activities that include the construction or reconstruction of impervious area. B. Construction activities that discharge or potentially discharge stormwater to surface waters, whether directly or indirectly via an MS4, and that meet any one of the below thresholds, shall also include water quantity and quality controls (post -construction stormwater runoff controls) as set forth in § 236-20C(2) as applicable: (1) Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the New York State Department of Environmental Conservation's Section 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. (2) Stormwater runoff from land development activities disturbing five or more acres. (3) Stormwater runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties. (4) Stormwater runoff from land development activity associated with single-family homes directly discharging to 303(d) segments impaired by pollutants related to land development activities as identified in the New York State Department of Environmental Conservation SPDES general permit for construction activities (GP -0-10-001), as amended. (5) Stormwater runoff from land development activity associated with single-family residential subdivisions directly discharging to 303(d) segments impaired by pollutants related to land development activities as identified in the New York State Department of Environmental Conservation SPDES general permit for construction activities (GP -0-10-001), as amended. § 236-20. Application process. A. Any applicant for an activity that requires approval of the SMO for land development activities within the Town of Southold that meets any of the thresholds set forth in § 236-19 shall comply with the New York State Department of Environmental Conservation SPDES general permit for construction activities (GP -0-10-001), as amended, and complete a stormwater assessment form to assist in determining compliance with this chapter. The application shall include a stormwater pollution prevention plan (SWPPP), which should be submitted to the Building Department. 236:28 06-01 - 2012 § 236-20 STORMWATER MANAGEMENT § 236-20 B. Upon receipt by the SMO of any application for an approval, the SMO may refer the proposed SWPPP to the Town Engineering Department for comment and recommendations. No municipal permit that shall be issued for activities requiring an approval of the SMO nor shall any application therefor be deemed complete until the SMO has issued an approval of the SWPPP and has issued a formal SWPPP acceptance form. C. SWPPP requirements. (1) The SWPPP shall include, at a minimum, the following: (a) All information required in § 236-17C of this chapter; (b) Identification of potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges; (c) Documentation supporting the determination of approval with regard to historic places or archaeological resources. At a minimum, the supporting documentation shall include: [1] Information on whether the stormwater discharge or land development activities would have an effect on a property (historic or archaeological resource) that is listed or eligible for listing on the State or National Register of Historic Places; [2] Results of historic resources screening determinations conducted. Information regarding the location of historic places listed, or eligible for listing, on the State or National Register of Historic Places and areas of archaeological sensitivity that may indicate the need for a survey can be obtained online by viewing the New York State Office of Parks, Recreation and Historic Places (OPRHP) online resources located on its website; [3] A description of measures necessary to avoid or minimize adverse impacts on places listed, or eligible for listing, on the State or National Register of Historic Places. If the applicant fails to describe and implement such measures, the stormwater discharge is ineligible for coverage under this permit; and [4] Where adverse effects may occur, any written agreements in place with OPRHP or other governmental agency to mitigate those effects, or local land use approvals evidencing the same. (d) A description of the soil(s) present at the site, including an identification of the hydrolic soil group (HSG); (e) Identification of any elements of the design that are not in conformance with the Design Manual. Include the reason for the deviation or alternative design, and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standards; 236:29 06 - 01- 2012 § 236-20 SOUTHOLD CODE § 236-20 (f) A hydrologic and hydraulic analysis for all structural components of the stormwater management control system; (g) A detailed summary (including calculations) of the sizing criteria that were used to design all post -construction stormwater management practices. At a minimum, the summary shall address the required design criteria from the Design Manual, including the identification of and justification for any deviations from the Design Manual, and identification of any design criteria that are not required based on the design criteria or waiver criteria included in the Design Manual; (h) An operations and maintenance plan that includes inspection and maintenance schedules and actions to ensure continuous and effective operation of each post -construction stormwater management practice. The plan shall identify the entity that will be responsible for the long-term operation and maintenance of each practice. (2) For construction activities that meet any of the thresholds in § 236-1913, these additional post -construction stormwater runoff controls shall be included in the SVWPPP: (a) Description of each post -construction stormwater management practice to be constructed as part of the project. (b) Site map/construction drawing(s) showing the specific location(s) and size(s) of each post -construction stormwater management practice. (c) Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms. (d) Comparison of post -development stormwater runoff conditions with pre -development conditions. (e) Dimensions, material specifications and installation details for each post -construction stormwater management practice. (f) Maintenance schedule provided by the contractor(s) to ensure continuous and effective operation of each post -construction stormwater management practice. (g) Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property. (h) Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 236-913 (see above, Article I, Maintenance easement). (i) For those activities that meet the threshold set forth in § 236-1913(1), the SWPPP shall be prepared by a qualified professional who is knowledgeable 236:30 06-01-2012 § 236-20 STORMWATER MANAGEMENT § 236-20 in the principles and practices of stormwater management and treatment and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements of this chapter. D. Any applicant for an activity shall not disturb greater than five acres of soil at any one time without prior written authorization from the Department or the SMO. At a minimum, the applicant must comply with the following requirements in order to be authorized to disturb greater than five acres of soil at any one time: (1) The applicant shall have a qualified inspector conduct at least two site inspections in accordance with the general permit (GP -0-10-001), every seven calendar days, for as long as greater than five acres of soil remain disturbed. The two inspections shall be separated by a minimum of two full calendar days. (2) In areas where soil disturbance activity has been temporarily or permanently ceased, temporary and/or permanent soil stabilization measures shall be installed and/or implemented within seven days from the date the soil disturbance activity ceased. The soil stabilization measures selected shall be in conformance with the most current version of the technical standard, New York State Standards and Specifications for Erosion and Sediment Control. (3) The applicant shall prepare a phasing plan that defines maximum disturbed area per phase and shows required cuts and fills. (4) The applicant shall install any additional site-specific practices needed to protect water quality. (5) The applicant shall include the above requirements in its SWPPP. E. The SMO may suspend or revoke an applicant's approval at any time if the SMO determines that the SWPPP does not meet the requirements of this chapter. F. The applicant shall notify the Town in writing of any planned amendments or modifications to the post -construction stormwater management component of the SWPPP that may be required. Unless otherwise notified by the Town, the applicant shall have the SWPPP amendments or modifications reviewed and accepted by the SMO prior to commencing construction of the post -construction stormwater management practice. G. Performance guarantee. (1) Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the stormwater pollution prevention plan, the Town may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town as the beneficiary. The security shall be in an amount to be determined by the Town based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the .surety is released from 236:31 06-01 - 2012 § 236-20 SOUTHOLD CODE § 236-22 liability by the Town, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. (2) Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. (3) Recordkeeping. The Town may require entities subject to this chapter to maintain records demonstrating compliance with this chapter. H. Submission of reports. The SMO may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter. I. Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 236-34A. J. Stormwater management practice inspections. The Town's SMO is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as -built plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer. § 236-21. Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan. § 236-22. Contractor identification and certification. A. Prior to the commencement of land development activity, the applicant must identify the contractor(s) and subcontractor(s) that will be responsible for installing, constructing, 236:32 06-01 - 2012 § 236-22 STORMWATER MANAGEMENT § 236-23 repairing, replacing, inspecting and maintaining the erosion and sediment control practices included in the SWPPP and the contractor(s) and subcontractor(s) that will be responsible for constructing the post -construction stormwater management practices included in the SWPPP. B. The applicant shall have each of the contractors and subcontractors identify at least one person from their company that will be responsible for implementation of the SWPPP. This person shall be known as the "trained contractor." The applicant shall ensure that at least one trained contractor is on site on a daily basis when soil disturbance activities are being performed. C. The applicant shall have each of the contractors and subcontractors identified above sign a copy of the following certification statement below before they commence any land development activity: "I hereby certify that I understand and agree to comply with the terms and conditions of the SWPPP and agree to implement any corrective actions identified by the Qualified Inspector during a site inspection. I also understand that the applicant must comply with the terms and conditions of the most current version of the New York State Pollutant Discharge Elimination System (SPDES) general permit for stormwater discharges from land development activities and that it is unlawful for any person to cause or contribute to a violation of water quality standards. Furthermore, I understand that certifying false, incorrect or inaccurate information is a violation of the referenced permit and the laws of the State of New York and could subject me to criminal, civil and/or administrative proceedings." D. In addition to providing the certification statement above, the certification page must also identify the specific elements of the SWPPP that each contractor and subcontractor will be responsible for and include the name and title of the person providing the signature; the name and title of the trained contractor responsible for SWPPP implementation; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification statement is signed. The applicant shall attach the certification statement(s) to the copy of the SWPPP that is maintained at the construction site. If new or additional contractors are hired to implement measures identified in the SWPPP after construction has commenced, they must also sign the certification statement and provide the information listed above. § 236-23. SWPPP and other documents retained on site. A copy of the SWPPP, the general permit (GP -0-10-001), notice of intent, notice of intent acknowledgment letter, Town SWPPP acceptance form and inspection reports shall be retained in a secure location at the site of the land development activity during construction from date of initiation of construction activities to the final date of stabilization. 236:33 06-01 - 2012 § 236-24 SOUTHOLD CODE § 236-25 § 236-24. Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified . as higher -than -typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher -than -usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices. ARTICLE IV Illicit Discharges § 236-25. Discharge and connection prohibitions. A. Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in § 236-25A below. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited, except as described as follows: (1) The following discharges are exempt from discharge prohibitions established by this chapter, unless the Department or the municipality has determined them to be substantial contributors of pollutants: waterline flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains, air-conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, residential street wash water, water from fire -fighting activities, and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants. (2) Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this chapter. (3) Dye testing in compliance with applicable state and local laws is an allowable discharge but requires a verbal notification to the SMO prior to the time of the test. (4) The prohibition shall not apply to any discharge permitted under an SPDES permit, waiver, or waste discharge order issued to the discharger and administered under 236:34 06-01 - 2012 § 236-25 STORMWATER MANAGEMENT § 236-27 the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver; or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4. B. Prohibition of illicit connections. (1) The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited. (2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the municipality's MS4 or allows such a connection to continue. § 236-26. Failing individual sewage treatment systems prohibited. A. No persons shall operate a failing individual sewage treatment system in areas tributary to the municipality's MS4. A failing individual sewage treatment system is one which has one or more of the following conditions: (1) The backup of sewage into a structure. (2) Discharges of treated or untreated sewage onto the ground surface. (3) A connection or connections to a separate stormwater sewer system. (4) Liquid level in the septic tank above the outlet invert. (5) Structural failure of any component of the individual sewage treatment system that could lead to any of the other failure conditions as noted in this section. (6) Contamination of off-site surface water and groundwater. B. Any failing individual sewage system shall be remedied to the satisfaction of the SMO. § 236-27. Activities contaminating stormwater prohibited. A. Activities. that are subject to the requirements of this section are those types of activities that: (1) Cause or contribute to a violation of the municipality's MS4 SPDES permit. (2) Cause or contribute to the municipality being subject to the special conditions as defined in § 236-5, Definitions, of this chapter. 236:35 06-01 - 2012 § 236-27 SOUTHOLD CODE § 236-28 B. Such activities include failing individual sewage treatment systems as defined in § 236-26, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization. C. Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the municipality's MS4 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the municipality's MS4 SPDES permit authorization. § 236-28. Prevention, control and reduction of stormwater pollutants by use of best management practices. A. Best management practices. Where the SMO has identified illicit discharges as defined in § 236-5 or activities contaminating stormwater as defined in § 236-27, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities. (1) The owner or operator of a commercial or industrial establishment shall provide, at its own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and nonstructural BMPs. (2) Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge as defined in § 236-5 or an activity contaminating stormwater as defined in § 236-27 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4. (3) Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. B. Individual sewage treatment system: response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 236-5, the owner or operator of such individual sewage treatment systems shall be required to comply with the applicable rules and regulations of the Suffolk County Department of Health Services and/or the below requirements. In instances where there is an inconsistency with the below requirements and the Suffolk County Department of Health Services rules and regulations, the more restrictive requirement shall apply. (1) Maintain and operate individual sewage treatment systems as follows: (a) Inspect the septic tank annually to determine scum and sludge accumulation. Septic tanks must be pumped out whenever the bottom of the scum layer is within three inches of the bottom of the outlet baffle or sanitary tee or the top 236:36 06 - 01- 2012 § 236-28 STORMWATER MANAGEMENT § 236-29 of the sludge is within 10 inches of the bottom of the outlet baffle or sanitary tee. (b) Avoid the use of septic tank additives. (c) Avoid the disposal of excessive quantities of detergents, kitchen wastes, laundry wastes, and household chemicals; and (d) Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, trash and other such items. (2) Repair or replace individual sewage treatment systems as follows: (a) In accordance with 10 NYCRR Appendix 75-A to the maximum extent practicable. (b) A design professional licensed to practice in New York State shall prepare design plans for any type of absorption field that involves: [1] Relocating or extending an absorption area to a location not previously approved for such. [2] Installation of a new subsurface treatment system at the same location. [3] Use of alternate system or innovative system design or technology. (c) A written certificate of compliance shall be submitted by the design professional to the municipality at the completion of construction of the repair or replacement system. § 236-29. Suspension of access to MS4 in emergency situations or due to illicit discharge. A. The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the MS4. The SMO shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons. B. Suspension due to the detection of illicit discharge. Any person discharging to the municipality's MS4 in violation of this chapter may have its MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO in writing for reconsideration. Access may be granted by the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the SMO. 236:37 06-01 - 2012 § 236-30 SOUTHOLD CODE § 236-31 § 236-30. Industrial or construction activity discharges. Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the municipality prior to the allowing of discharges to the MS4. § 236-31. Access and monitoring of discharges. A. Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this chapter or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter. B. Access to facilities. (1) The SMO shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO. (2) Facility operators shall allow the SMO ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this chapter. (3) The municipality shall have the right to set up on any facility subject to this chapter such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's stormwater discharge. (4) The municipality has the right to require the facilities subject to this chapter to install monitoring equipment as is reasonably necessary to determine compliance with this chapter. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. (5) Unreasonable delays in allowing the municipality access to a facility subject to this chapter is a violation of this chapter. A person who is the operator of a facility subject to this chapter commits an offense if the person denies the municipality reasonable access to the facility for the purpose of conducting any activity authorized or required by this chapter. (6) If the SMO has been refused access to any part of the premises from which stormwater is discharged and he/she is able to demonstrate probable cause to believe that there may be a violation of this chapter or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction. 236:38 06 - 01- 2012 § 236-32 STORMWATER MANAGEMENT § 236-34 § 236-32. Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges of pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the municipality in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the municipality within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. ARTICLE V Administration and Enforcement § 236-33. Enforcement. The Office of Code Enforcement, the Police Department and/or the Building Inspector are responsible for enforcement of the provisions of this chapter and have the authority to issue violations of this chapter. The Town Attorney shall be responsible for prosecution of any such violations. In addition to the above -provided fines,5 the Town Board may authorize an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. § 236-34. All stormwater discharges. Stormwater discharges that are regulated under Articles II and III of this chapter are subject to the following: A. Erosion and sediment control inspection. The Office of Code Enforcement or the Building Inspector may require such inspections as necessary to determine compliance with this chapter and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this chapter and the .stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town's Building Inspector at least 48 hours before any of the following as required by the SMO: (1) Installation of sediment and erosion control measures; (2) Start of site clearing; (3) Start of rough grading; 5. Editor's Note: For fines, see §§ 236-34D and 236-35B. 236:39 06-01 - 2012 § 236-34 SOUTHOLD CODE § 236-35 (4) Start of construction; (5) Close of the construction season; (6) Completion of final landscaping; and (7) Successful establishment of landscaping in public areas. B. Restoration. Any clearing, excavation or development of land in violation of this chapter shall be corrected forthwith after written notice by the Office of Code Enforcement or the Building Inspector. In the event that corrective action is not taken as directed within a reasonable time, the Town may, at its own expense, take corrective action to restore the property or initiate legal action to prevent unlawful or unauthorized activity. The cost of restoration shall become a lien upon the property upon which such unlawful activity occurred. C. Certificate of occupancy. No certificate of occupancy shall be issued by the Building Inspector until all work required to be completed pursuant to the plan has been completed to the satisfaction of the SMO. D. Fines. Any responsible party, owner, occupant, builder, architect, contractor or their agents, or any other person undertaking clearing, excavation or development of land in violation of this chapter, or falsifying information in connection with the requirements of this chapter, upon conviction, shall be guilty of an offense, punishable by a fine of not less than $500 and not more than $2,000. Such person shall be deemed guilty of a separate offense for each day during which a violation of this chapter is committed or continues. § 236-35. Illicit discharges. Violations of Article IV of this chapter are subject to the following: A. Notice of violation. (1) When the Office of Code Enforcement or Building Inspector finds that any responsible party, owner, occupant, builder, architect, contractor or their agents or any other person has violated a prohibition or failed to meet a requirement of Article IV, Illicit Discharges, he/she may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation: (a) The elimination of illicit connections or discharges; (b) That violating discharges, practices, or operations shall cease and desist; (c) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; (d) The performance of monitoring, analyses, and reporting; (e) Payment of a fine; and (f) The implementation of source control or treatment BMPs. 236:40 06-01 - 2012 § 236-35 STORMWATER MANAGEMENT § 236-36 (2) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. B. Fines. Any responsible party, owner, occupant, builder, architect, contractor or their agents or any other person undertaking clearing, excavation or development of land in violation of this chapter, or falsifying information in connection with the requirements of this chapter, upon conviction, shall be guilty of an offense, punishable by a fine of not less than $1,000 and not more than $5,000. Such person shall be deemed guilty of a separate offense for each day during which a violation of this chapter is committed or continues. C. Corrective measures. (1) If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, then the Office of Code Enforcement or the Building Inspector shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property. (2) If refused access to the subject private property, the Office of Code Enforcement or, the Building Inspector may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the Office of Code Enforcement or the Building Inspector may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger. D. Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the Town may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. § 236-36. Remedies not exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. 236:41 06-01 -2012 § 237-1. § 237-2. Chapter 237 STREETS AND SIDEWALKS ARTICLE I § 237-17. Penalties for offenses. Notification of Defects § 237-18. Waiver of insurance and bond requirements. Prior written notice required. Transmission and presentation of notices. § 237-3. Statutory provisions superseded. ARTICLE II Street Excavations § 237-4. Short title. § 237-5. Definitions. § 237-6. Permit required. § 237-7. Applications. § 237-8. Insurance coverage. § 237-9. Bonds. § 237-10. Fees. § 237-11. Notice to public utilities. § 237-12. Protective measures. § 237-13. Permit requirements. § 237-14. Completion of work. § 237-15. Revocation. § 237-16. Responsibility for damages; repair. ARTICLE III Snow and Ice Removal § 237-19. Intent. § 237-20. Snow and ice removal; general maintenance. § 237-21. Penalties for offenses. ARTICLE IV Street Numbering § 237-22. Legislative intent. § 237-23. Definitions. § 237-24. Numbering system established; changes; unnamed roads. § 237-25. Posting of numbers. § 237-26. Display of numbers; style and size. § 237-27. Tax bill; compliance deadline. § 237-28. Enforcement. § 237-29. Penalties for offenses. [HISTORY: Adopted by the Town Board of the Town of Southold as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Fire Prevention and Building Construction - See Ch. Notice of highway defects - See Ch. 237, Art. I. 144. Zoning - See Ch. 280. Highway specifications - See Ch. 161. 237:1 06-01-2012 § 237-1 SOUTHOLD CODE § 237-5 ARTICLE I Notification of Defects [Adopted 5-24-1977 by L.L. No. 3-19771 § 237-1. Prior written notice required. No civil action shall be maintained against the Town or Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge or culvert was actually given to the Town Clerk or Town Superintendent of Highways and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of, but no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge or culvert, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of Highways and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice. § 237-2. Transmission and presentation of notices. The Town Superintendent of Highways shall transmit, in writing, to the Town Clerk, within five days after the receipt thereof, all written notices received by him pursuant to this article and Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received by him or her pursuant to this article and Subdivision 2 of § 65-a of the Town Law to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner. § 237-3. Statutory provisions superseded. This article shall supersede, in its application to the Town of Southold, Subdivisions 1 and 3 of § 65-a of the Town Law. ARTICLE II Street Excavations [Adopted 7-16-1985 by L.L. No. 10-1985] § 237-4. Short title. This article shall be known and may be cited as the "Highway Excavation Law of the Town of Southold." § 237-5. Definitions. For the purpose of this article only, certain words and terms used herein are defined as follows: 237:2 06-01 -2012 § 237-5 STREETS AND SIDEWALKS § 237-7 HIGHWAY — All or any portion of any highway, street, sidewalk, public place or right-of-way owned and/or controlled by the Town of Southold, exclusive, however, of that portion of any highway, street, sidewalk, public place or right-of-way situate within the territorial limits of the Village of Greenport and exclusive of that portion of any highway, street, sidewalk, public place or right-of-way owned and/or controlled by the County of Suffolk or the State of New York. PERSON — Any natural person, firm, partnership, association, corporation, company or other organization. SUPERINTENDENT — The Highway Superintendent of the Town of Southold, New York. TOWN — The Town of Southold. TOWN BOARD The Town Board of the Town of Southold. § 237-6. Permit required. A. No person shall remove from or deposit on any highway any material or intentionally injure any highway or cause to be dug or made any hole or excavation in or under a highway or cause to be erected thereon or therein any object without first having obtained a written permit from the Superintendent so to do. B. This section shall be applicable to and prohibit individuals from depositing materials on public highways as a result of improvement and grading of their property. § 237-7. Applications. Any person desiring a permit shall make application to the Superintendent, upon forms to be provided by him, which application shall set forth the following: A. The name and address of the applicant. B. A reasonably adequate description of the proposed work and the reason therefor, including a description of the location of the proposed work. C. A statement as to the time when such work will be commenced and an estimate of the time when such work shall be fully completed and the highway restored to its previous condition as nearly as may be feasible. D. A time schedule showing when various portions of the work will be done. E. A reference to the legal authority of the applicant to perform the proposed work in the public highway. F. An estimate of the cost of the proposed work, including such detail as may be specified by the Superintendent. G. A stormwater management control plan consistent with the requirements of Chapter 236, Stormwater Management, of this Code, if required. The stormwater management control 237:3 06-01 -2012 § 237-7 SOUTHOLD CODE § 237-11 plan shall meet the performance and design criteria and standards in Chapter 236, Stormwater Management. [Added 2-14-2012 by L.L. No. 3-20121 ] H. Such other information as the Superintendent shall deem pertinent to effectuate the purposes of this article. § 237-8. Insurance coverage. [Amended 12-28-2004 by L.L. No. 27-20041 No permit shall be issued until the applicant shall have filed with the Superintendent evidence that the Town has been named as a primary insured under an insurance policy extending coverage for any losses, including bodily, property or commercial injury caused by or attributable to the work performed by the applicant, in the amount of $1,000,000 per occurrence and $2,000,000 general aggregate. The policy is to include coverage for explosion, collapse and underground hazards (XCU coverage), and such insurance coverage is to be written by an insurance company authorized to do business in the State of New York. § 237-9. Bonds. A. No permit shall be issued to any applicant until the applicant has posted with the Superintendent a surety bond or certified check in such amount the Superintendent may determine necessary to cover the probable expense to the Town of replacement by the Town of any highway to its former condition and to guarantee the performance by the applicant of any of the conditions contained in the permit and compliance with this article. B. The above bond requirements shall include provision or maintenance by way of a maintenance bond, which bond shall have a duration of two years from the date of completion of the work under the permit, in case of all excavations with a depth of 18 inches or less, and a duration of three years from the date of the completion of the work under the permit for all excavations with a depth greater than 18 inches. § 237-10. Fees. [Amended 12-28-2004 by L.L. No. 27-20041 Each application for a permit hereunder shall be accompanied by a fee, to be paid to the Town Clerk of the Town of Southold. Application fees and fees for permits issued pursuant to this article shall be set by Town Board resolution, and shall be paid to the Town Clerk prior to the issuance of the permit. § 237-11. Notice to public utilities. The Superintendent shall require any person making a highway excavation pursuant to permit granted hereunto to give written notice of such excavation to public service companies or municipal districts having lines, mains or other property in the streets, and no work shall be commenced or done under such permit until such requirement of notice has been fully 1. Editor's Note: This local law also provided for the redesignation of former Subsection G as Subsection H. 237:4 06 -01 -2012 § 237-11 STREETS AND SIDEWALKS § 237-11 complied with. Proof of mailing of such notice in the form of a sworn statement shall be filed with the application. 237:4.1 06-01-2012 § 240-17 SUBDIVISION OF LAND § 240-17 calculations as needed or required to indicate the proposed construction and/or development. (1) Road and drainage plans shall show all metes and bounds descriptions indicating street and drainage areas as well as the size and type of road systems pursuant to Chapter 161, Highway Specifications, of the Code. (2) Where indicated or required, road and drainage plans shall include but not be limited to the following: (a) Metes and bounds descriptions of all building lots indicating lot areas, proposed building envelopes and scenic buffer areas. (b) Utilities: indicate size and location of all below -grade utilities, including proposed water mains, electrical conduit and transformer pads. (c) Fire wells or fire hydrants. (d) The limits of all tidal and freshwater wetlands within 100 feet of the proposed development. (e) Topographical contours at an interval that will accurately depict the slope and contour of the site. (f) Road profiles and typical cross-sections. (g) Drainage calculations and design indicating all drainage structures and piping. (h) Test hole and boring data. (i) All existing and proposed easements indicating width, area and purpose. 0) Concrete survey monuments. (k) Curbing. (1) Sidewalks. (m) Streetlights. (n) Street trees, including size, type and specifications for placement. (o) Street signs, indicating type and location. (3) A stormwater management control plan consistent with the requirements of Chapter 236, Stormwater Management, of this Code. The stormwater management control plan shall meet the performance and design criteria and standards in Chapter 236, Stormwater Management. [Added 2-14-2012 by L.L. No. 3-2012] 240:23 06-01 - 2012 § 240-18 SOUTHOLD CODE § 240-19 § 240-18. Environmental review. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) and its implementing regulations. A preliminary plat application shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of SEQRA. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion. § 240-19. Action on preliminary plat. A. The Planning Board shall study the practicability of the preliminary plat, considering the requirements of this chapter, including identified primary and secondary conservation areas. Particular attention shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, water supply, sewage disposal, stormwater drainage, erosion and sediment control, lot sizes and arrangement, the future development of adjoining lands not yet subdivided, current zoning regulations, and the comprehensive plan. B. The Town Superintendent of Highways and the Town Engineering Office will review all aspects of the proposed subdivision, perform a field check, and submit reports to the Planning Board with their recommendations prior to the close of the environmental review period, if any. C. Planning Board as lead agency under the State Environmental Quality Review Act; public hearing; notice; decision. (1) Public hearing on preliminary plats. The time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act as follows: (a) If such Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the public hearing on such plat shall be held within 62 days after receipt of a complete preliminary plat by the Clerk of the Planning Board; or (b) If the Planning Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the preliminary plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, a public hearing on the preliminary plat shall be held within 62 days of filing the notice of completion. (2) Public hearing; notice, length. The hearing on the preliminary plat shall be advertised at least once in the official newspaper so designated by the Town Board at least five days before such hearing if no hearing is held on the draft 240:24 06 - 01- 2012 § 240-19 SUBDIVISION OF LAND § 240-19 environmental impact statement, or 14 days before a hearing held jointly therewith. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. The applicant shall notify all adjoining property owners at least 10 days prior to the public hearing by certified mail and shall file with the Board an affidavit showing the names and addresses of those so notified, the Tax Map numbers and their 240:24.1 06-01 - 2012 Chapter 253 TOURIST AND TRAILER CAMPS ARTICLE I General Regulations § 253-1. Definitions. § 253-2. Permit required. § 253-3. Application; site plan. § 253-4. Fees; public hearing. § 253-5. Site requirements. § 253-6. Water supply. § 253-7. Garbage collection; sewer system. § 253-8. Minimum unit dimensions. § 253-9. Distance between cottages and other buildings or trailers. § 253-10. Distance from property lines and roadways. § 253-11. Roadways and driveways. § 253-12. Management. § 253-13. Records. § 253-14. Duties of owner. § 253-15. Entrances and exits; trespass on adjoining property. § 253-16. Screening by plantings. § 253-17. Other ordinances and regulations. § 253-18. Nonapplicability. § 253-19. Penalties for offenses. ARTICLE II Recreational Vehicle Parks § 253-20. Definitions. § 253-21. Site requirements. § 253-22. Roadways and driveways. § 253-23. Dates of operation; time limit for accommodation. § 253-24. Applicability of other chapter provisions. [HISTORY: Adopted by the Town Board of the Town of Southold as indicated in article histories. Other amendments noted where applicable.] Zoning — See Ch. 280. GENERAL REFERENCES ARTICLE I General Regulations [Adopted 6-30-19531 § 253-1. Definitions. For the purposes of this article, the terms used herein are defined as follows: AUTOMOBILE TRAILER or HOUSE CAR — Any vehicle used as sleeping or living quarters which is or may be mounted on wheels and is or may be propelled either by its own power or by another power -driven vehicle to which it may be attached. 253:1 06-01-2012 § 253-1 SOUTHOLD CODE § 253-4 BOARD OR DEPARTMENT OF PUBLIC HEALTH — Any such board or department established pursuant to the laws of the State of New York and entrusted with the regulation, control and supervision of matters pertaining to and affecting the public health in the Town of Southold. [Amended 9-24-19581 CAMP COTTAGE — Any small building, of whatever material constructed, having not less than 100 nor more than 450 square feet of enclosed floor area and used as living or sleeping quarters and constructed and equipped only for seasonal occupancy. [Amended 11-9-19711 TOURIST CAMP — Any lot, piece or parcel of ground where two or more tents, tent houses, camp cottages, house cars or trailers used as living or sleeping quarters are or may be located, said camp being operated for or not for compensation. UNIT — Any section or plot of ground upon which is erected any tent, tent house or camp cottage and/or for the accommodation of each automobile trailer or house car. § 253-2. Permit required. [Amended 9-24-1958; 2-14-2012 by L.L. No. 3-20121 It shall be unlawful for any person or persons, firm, association, corporation or copartnership to establish, maintain or operate within the limits of the Town of Southold any tourist camp on any location or plot of ground for use of transients by the day, week, month or season, whether a charge is or is not made, who does not possess a permit from the Department of Health and the Town Board of the Town of Southold. The permit issued by the Town Board shall be subject to approval pursuant to Chapter 236, Stormwater Management, and shall not be transferable or assignable and may be revoked for cause by such Board after a hearing. § 253-3. Application; site plan. [Amended 9-24-19581 Any person or persons, firm, association, corporation or copartnership hereafter applying for a permit and/or license to establish and operate a tourist camp must first file with the Town Clerk a complete plan of the proposed camp. This plan, with the legal description of the property shown, shall be drawn to scale and must clearly show the extent and area to be used for camp purposes. All proposed roadways and/or driveways, method of sewage disposal, plan for water supply and lighting, .and each proposed location or site for tents, tent houses, camp cottages and/or trailers or camp cars must be shown on such plan. § 253-4. Fees; public hearing. [Amended 4-14-19581 A. Each application for a permit shall be accompanied by a fee of $10 for each unit or $200, whichever is greater. [Amended 11-9-1971] B. Upon receipt of an application for a permit provided in this chapter, the Town Clerk shall cause a notice of public hearing thereon, specifying the time and place thereof, to be published once in a newspaper published in the Town at least 10 days before the day of the hearing. 253:2 06-01-2012 § 275-6 WETLANDS AND SHORELINE § 275-6 (7) The manner in which the material will be removed or deposited, or structures erected. (8) Such application shall be accompanied by a survey and topographical map, created no more than one year prior to the date of application, with contours at two -foot intervals, showing all wetlands within a two -hundred -foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. [Amended 10-11-2005 by L.L. No. 17-2005] (9) A statement of the effect, if any, on the wetlands and tidal waters of the Town that may result by reason of such proposed operations. (10) A statement describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. (11) Documentary proof of permits that have been applied for, are pending, and have been granted, including but not limited to NYSDEC, Suffolk County Health Department, USACOE. (12) A description of how the proposed activities will be mitigated, including erosion control, replanting and restoration, designated points of access. All proposed operations will be clearly defined on a survey and described in a project narrative. The Trustees reserve the right to require specific replanting and restoration methods. Any replanting and restoration guidelines shall be in keeping with guidelines set by the Town of Southold. (13) Current photos of the subject area showing the proposed area of operations from at least two opposite directions. Each photo should be labeled with the date, time and direction. The location of the photos shall be noted on the survey, project plan or provided on a separate sketch map. (14) Drainage upgrade. At the discretion of the Board, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two-inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. (15) All permit applicants shall submit to the Board of Trustees an affidavit signed by the owner of the project property which indemnifies and saves harmless the Town of Southold from any claims arising out of or connected with operations under the 275:17 06-01 - 2012 § 275-6 SOUTHOLD CODE § 275-7 permit and from all acts, omissions, commissions or negligence on the part of the applicant, his agents or employees, in such form as shall be approved by the Town Attorney. (16) An ethical disclosure statement as provided by the Town of Southold relating to applications for permits and other governmental requests. (17) A statement indicating that submission of false information will result in rejection of the application and may subject the applicant to criminal sanctions. (18) A completed Local Waterfront Revitalization Program Consistency Assessment Form. [Added 10-11-2005 by L.L. No. 17-20051 (19) A stormwater management control plan consistent with the requirements of Chapter 236, Stormwater Management, of this Code, if required. The Stormwater Management Control Plan shall meet the performance and design criteria and standards in Chapter 236, Stormwater Management. [Added 2-14-2012 by L.L. No. 3-20121 B. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, § 275-6A(8), (11), (14) or § 275-11A(2), where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the waiver was granted. § 275-7. Fees. A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of $250, which includes the first site visit, no portion of which shall be refundable. The fee for an administrative permit shall be $50. For structures that have been previously built without a permit, the fee will be doubled. If a preapplication site visit is requested, the fee shall be $50. [Amended 10-11-2005 by L.L. No. 17-20051 B. In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing the issuance of a permit, shall determine the amount of the inspection fees to be paid by the applicant to the Clerk upon the issuance of a permit. Inspection fee costs will be based on $50 per site visit. C. Pursuant to New York State law, all costs incurred by the Town for SEQRA review shall be paid by the applicant. D. Consultant fee. The Board, at its discretion, depending on the scale and potential impact of proposed operations, is authorized to require the posting of a consultant fee by an applicant. This fee shall be used to hire an independent, expert consultant to investigate the site for the proposed project and to examine the plans or other information submitted by the applicant to assist the Board in evaluating potential adverse impacts upon a resource area by the proposed project. The Board, in its discretion, will determine whether the complexity of the activity, the difficulty in determining the threat to the resource areas or the size of the request or project involves and requires more 275:18 06-01 - 2012 § 275-7 WETLANDS AND SHORELINE § 275-7 information and analysis than can reasonably be supplied to the Board without independent technical professional assistance. (1) The Board may require the payment of the consultant fee at any time in the deliberations prior to a final decision. 275:18.1 06-01 - 2012 § 280-123 ZONING § 280-124 (b) Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [1] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). B. A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than 50% of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. § 280-124. Nonconforming lots. [Amended 11-28-1995 by L.L. No. 23-19951 A. This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the Town under § 280-9, are nonconforming and have not merged pursuant to § 280-10. B. Such lot shall be required to meet the following: [Amended 3-4-1997 by L.L. No. 5-1997] 280:121 06-01 - 2012 Yard Area Lot Front Side Both Sides Rear (square feet) Coverage (feet) (feet) (feet) (feet) 200,000 to 399,999 5% 60 30 60 100 120,000 to 199,999 10% 60 30 60 85 80,000 to 119,999 20% 60 20 45 75 60,000 to 79,999 20% 55 20 45 75 40,000 to 59,999 20% 50 20 40 60 20,000 to 39,999 20% 40 15 35 50 Less than 20,000 20% 35 10 25 35 280:121 06-01 - 2012 § 280-125 SOUTHOLD CODE § 280-128 § 280-125. Repairs and maintenance. Notwithstanding any of the foregoing regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. § 280-126. Involuntary moves. Sections 280-121A and B and § 280-123A herein are not intended to apply to involuntary movements of uses or structures as a result of condemnation actions or other litigation. ARTICLE XXIV Site Plan Approval [Added 1-10-1989 by L.L. No. 1-1989; amended 5-23-1989 by L.L. No. 9-19891 § 280-127. Applicability. [Amended 4-10-2012 by L.L. No. 5-2012] This article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and separate lot as set forth in Article III, § 280-13A(1), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require site plan approval. In all cases where this chapter requires approval of site plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. § 280-128. Findings of fact; purpose. [Amended 4-10-2012 by L.L. No. 5-20121 A. The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development within the Town, exclusive of the Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the following: exterior design of new or renovated structures and portions thereof, the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well-being of the population in general, increase the Town's tax base and facilitate the local economy. B. It is the purpose of this article to encourage good design and to: (1) Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3) Prevent overcrowding of land or buildings. 280:122 06-01 - 2012 § 280-128 ZONING § 280-129 (4) Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access. (5) Mitigate the environmental impacts of new development on the land, air and water resources. § 280-129. Objectives. [Amended 5-15-1995 by L.L. No. 7-1995; 4-10-2012 by L.L. No. 5-2012] In considering and acting upon site plans, the Planning Board shall take into consideration the public health, safety and welfare, the economic impact and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular: A. Traffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations. Other public agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. B. Interior circulation and parking: that adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior pedestrian and vehicular traffic and that for certain uses, adequate interior roadways are provided to confine operations to the site. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. C. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. D. Natural features: that high priority shall be given to: (1) The conservation of all natural features on and adjacent to the site, including but not limited to natural drainagecourses, fresh- and saltwater wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) The protection of groundwater and surface water from contamination by pollutants. (3) The protection of air quality. 280:123 06 -01 -2012 § 280-129 SOUTHOLD CODE § 280-130 E. Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. F. Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones. G. Public address intercom or sound systems: that any sound or public address system shall be located to minimize sound to adjoining properties or on the adjacent street. H. Grading and drainage: that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. I. Public utilities: that plans for water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist. J. Existing development and Comprehensive Development Plan: that the development proposed is at a scale consistent with existing development and with the Comprehensive Development Plan of the Town of Southold. K. Architectural features: that the natural features of the site and surroundings, exterior design and appearances of existing adjacent structures and the character of the district are evaluated in accordance with the architectural standards set forth in this chapter. L. Handicapped access: that the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable state and local standards concerning the same. § 280-130. Approval of site plan required. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004; 6-7-2005 by L.L. No. 8-2005; 4-10-2012 by L.L. No. 5-2012] A. After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business days or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued for any structure or building for which use a site plan 280:124 06-01 - 2012 § 280-130 ZONING § 280-130 is required pursuant to this chapter until, if required, an approved site plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. B. No regrading, clearing, tree removal or any other work, except limited clearing needed to undertake survey work or soils investigations, may take place until the site plan has been approved by the Planning Board or the Planning Board authorizes such work in writing. C. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use) and the site is developed in accordance with an approved site plan or approved amendment of any such plan. D. Upon request of the owner or his authorized agent for a certificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in conformity with the approved site plan. E. After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval. F. Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. G. Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. The Planning Board shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the following grounds: (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony of a material fact, which fact, had it been known to the Planning Board at the time of its review, would have resulted in a denial of the approval sought. (2) Noncompliance with the terms and conditions of such approval: failure of the applicant -permittee to comply with any conditions or terms of approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application. H. Any use that has received site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all terms and conditions set forth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. 280:125 06-01-2012 § 280-130 SOUTHOLD CODE § 280-131 I. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. § 280-131. Review procedure. [Amended 5-15-1995 by L.L. No. 7-1995; 12-27-1995 by L.L. No. 25-1995; 12-14-2004 by L.L. No. 25-2004; 2-13-2007 by L.L. No. 6-2007; 4-10-2012 by L.L. No. 5-20121 A. Presubmission conference. Prior to the submission of a site plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days from the date of written request therefor. B. Site plan. Nine copies of the site plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four months of the presubmission conference. If a site plan application is not submitted within four months following a presubmission conference, another conference may be required by the Planning Board. (1) Within 10 business days of receipt of the application, the Planning Board shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within 30 calendar days. (3) Within the thirty -calendar -day period from receipt of the application, the following shall also take place: the site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting with a representative of the Building Department authorized to review building plans, for the purpose of making a joint recommendation as to whether the site plan application complies with all applicable zoning regulations or whether any variances are required from the Zoning Board of Appeals; that recommendation shall be forwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in the event the Building Inspector's zoning determination indicates that a variance is required, the site plan reviewer (or other delegate of the Planning Board) shall so inform the applicant; and in the event the applicant wishes to proceed with the application as submitted, the Building Inspector shall issue a notice of disapproval at that time. This procedure shall also apply to any amendments to the site plan application. (4) In the case of a variance or special exception application requiring site plan approval, the site plan application shall be subjected to preliminary review and written comments by the Planning Board within 60 days of such request by the Board of Appeals. 280:126 06 - 01- 2012 § 280-131 ZONING § 280-131 (a) In no case may the Planning Board grant site plan approval prior to the issuance of a special exception by the Zoning Board of Appeals, if such is required. (b) Before the Planning Board can approve any application for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (5) The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provisions of this chapter. (a) The Planning Board may allow or require landscaping to be installed in place of specified parking spaces. (b) On any site for which the Planning Board grants approval for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again if a change of use is proposed. (6) Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. C. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee may make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic Preservation Commission for a certificate of appropriateness under Chapter 170, the Historic Landmarks Preservation Law, of this Code shall not also be referred to the Architectural Review Committee for review. D. Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed 30 days, determine whether to require revisions to the proposed plan. E. No decision on the application shall be made until the State Environmental Quality Review Act55 process is completed. F. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: 55. Editor's Note: See Art. 8 of the Environmental Conservation Law. 280:127 06 - 01- 2012 § 280-131 SOUTHOLD CODE § 280-131 (1) Forward the plan to the Building Inspector for final review and certification. (2) Forward the plan to the Fire Commissioner of the fire district within which the site is located for a determination as to whether a fire well is needed and, if so, its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the provision of the Suffolk County Charter, if necessary. G. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. H. The Planning Board shall hold a public hearing to consider the application. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. Notwithstanding this requirement, with respect to applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to waive the public hearing requirement and may act on such application by filed resolution at a duly noticed public meeting. I. Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. J. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. K. Guaranty of performance. (1) Public improvements. A guaranty of performance may be required for all public improvements as part of the conditions of approval. If a guaranty of performance is required, the provisions of Article IX, Bonds and Other Security,56 shall apply. (2) Other on-site improvements, including, but not limited to, securing the property, buffers, landscaping and/or screening. A guaranty of performance may be required in an amount to be determined by the Planning Board for the estimated value of on-site improvements as part of the conditions of approval under the following circumstances: (a) Where the application involves a commercial property that abuts or is across any public or private street from a residential property. 56. Editor's Note: See Ch. 240, Subdivision of Land, Art. IX. 280:128 06 -01 -2012 § 280-131 ZONING § 280-132 (b) Where the application involves a change or intensification of use that may substantially impact adjacent property owners. (3) Default. In the event that the applicant fails to comply with the provisions of this section and complete the required improvements, the Town Board may thereupon declare the said guaranty of performance (i.e., performance bond, letter of credit, or other equivalent security) in default and collect the sum remaining payable thereunder, and upon the receipt thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place on the property. Where the cost of the improvements exceeds the forfeited security, the additional cost, including, but not limited to, any legal fees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included in the levy against such property. L. Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. (6) The Assessors. M. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code. The Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such denial. § 280-132. Duration of plan. [Amended 4-10-2012 by L.L. No. 5-20121 A. An approved site plan shall be valid for a period of 18 months from the date of approval. All work proposed on the plan shall be completed within 18 months from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. However, all terms and conditions of any approved site plan or approved amendment are immediately enforceable, and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. B. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained. 280:129 06-01 - 2012 § 280-133 SOUTHOLD CODE § 280-133 § 280-133. Application requirements. [Amended 3-27-2001 by L.L. No. 7-2001; 12-14-2004 by L.L. No. 25-2004; 3-29-2005 by L.L. No. 4-20051 A. Submission of a complete site plan application shall consist of - (1) f (1) A completed site plan application form. (2) The site plan review fee, as specified in Subsection B below.57 (3) A completed environmental assessment form. (4) Nine copies of the site plan. (5) Four copies of a property survey, certified by a licensed land surveyor. (6) A stormwater management control plan consistent with the requirements of Chapter 236, Stormwater Management, of this Code. The stormwater management control plan shall meet the performance and design criteria and standards in Chapter 236, Stormwater Management. [Added 2-14-2012 by L.L. No. 3-20121 B. Standards. Site plan design shall include the following items: (1) Technical data: (a) The lot, block and section number of the property, taken from the latest tax records. (b) The name and address of the landowner on record: [1] The names and addresses of adjoining landowners. [2] The name and address of the applicant, if not the same as the landowner. (c) The name and address of the person, firm or organization preparing the map, sealed with the applicable New York State license seal and signature. (d) Date, graphic scale and North point, whether true or magnetic; if magnetic, show the date of reading. (e) A survey prepared by a licensed surveyor or civil engineer. The site plan may reference a land surveyor's map or base reference map. All distances shall be in feet and hundredths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000. (f) The locations, names and widths of all rights-of-way within 500 feet of property lines. If none exist within 500 feet of the subject property, indicate the distance to the nearest intersection with a public street. 57. Editor's Note: See now § 280-138, Fee schedule for site plan applications. 280:130 06-01 - 2012 § 280-133 ZONING § 280-133 (g) A separate key map showing location and owners of all adjoining lands within 500 feet, as shown on the latest tax records, at a scale of one inch equals 100 feet. (h) The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property. (i) A complete outline of other existing easements, deed restrictions or covenants applying to the property. 0) Existing zoning, including zone lines and dimensions. (k) Site plans drawn at the scale of one inch equals 20 feet. If all required information cannot be shown clearly on one plan, the information should be separated as follows: [1] Alignment and schedule plan. [2] Grading and drainage. [3] Landscaping. [4] Other, e.g., site utilities. (2) Natural features: (a) Existing contours with intervals of two feet or less, referred to mean sea level as per United States Geological Survey datum. (b) Boundaries of any areas subject to flooding or stormwater overflows, tidal bays, saltwater marshes, beaches and all freshwater bodies, including wetlands and intermittent streams, perimeter boundaries of shoreline bluffs, dunes and beaches. (c) The location of existing natural features, including but not limited to natural drainage swales, watercourses, wooded areas and wetlands, as defined by the New York State Department of Environmental Conservation and the Board of Trustees of Southold Town, marshes, ponds, dunes, bluffs, beaches, kettleholes, escarpments, wildlife habitats, flood hazard areas, erosion -prone areas and trees of six inches in diameter at a point three feet above the trunk base. (d) The location of any existing cultural and historical features within 500 feet of the property boundaries. (3) Existing building structures and utilities: (a) The locations, dimensions and outlines of all buildings, as defined in § 280-4 of this chapter, and all uses of the site. (b) Paved areas, including parking areas, sidewalks and vehicular access between the site and public streets. 280:130.1 06-01 - 2012 § 280-133 SOUTHOLD CODE § 280-133 (c) The locations, dimensions, grades and flow directions of any existing culverts, waterlines or sewage disposal systems, as well as other underground and aboveground utility poles and utility lines within and adjacent to the property. (d) The location and use of all buildings and structures, including curbcuts, within 200 feet of the boundary of the subject property. 280:130.2 06-01 -2012 § 280-140 ZONING § 280-141 maintained or substantially expanded without a special exception approval first having been obtained therefor, which special exception approval shall be granted for the use by the Zoning Board of Appeals according to the provisions for the particular special exception use set forth in this article or elsewhere in this chapter. Any land use, including the erection, construction, reconstruction, alteration, demolition, moving, conversion or change of use of any structure, shall be a special exception use requiring a special exception approval if the text of this chapter or the use schedule hereof denotes the use as being either the subject of a special exception approval or simply a special exception use. No building permit for any such special exception use shall be issued until the required special exception approval shall have been granted for the same and the conditions imposed in such approval as prerequisites to a building permit, if there be any, have been met. § 280-141. Application; hearing; approval; violations of conditions. A. An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, which shall review the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application down for a public hearing. The fee for a special exception shall be $400, as set forth in § 280-149. [Amended 4-10-1990 by L.L. No. 4-1990; 12-11-1990 by L.L. No. 29-1990; 9-8-1993 by L.L. No. 19-19931 B. Prior to taking action on any special exception use, the Zoning Board of Appeals shall schedule a public hearing within 45 days after determination that the application is complete. Within 60 days following the close of the public hearing, the Board shall render a decision on the application. [Amended 6-15-1993 by L.L. No. 10-1993] C. Effect of approval. A special exception approval issued in accordance with the provisions of this article shall authorize only the special exception use for which the approval is granted. No use which is not a special exception use hereunder shall be authorized by any such approval. The approval may include reasonable conditions which the Zoning Board of Appeals determines to be necessary or appropriate to ensure that the applicable general and specific standards and safeguards set forth in this chapter for the use can and will be met and/or adhered to. A special exception approval shall be valid for a period of six months but may be extended for one additional six-month period by the Zoning Board of Appeals within the requirement of new public notice of hearing. A continuing or permanent land use authorized by a special exception approval, which use is undertaken or begun during the period of validity of such approval, shall thereafter be deemed a lawful use as if the same were permitted by this chapter without need for a special exception permit; provided, however, that: [Amended 6-15-1993 by L.L. No. 10-1993] (1) All conditions imposed by the special exception approval shall continue to apply unless they, by their express terms, are of limited duration. 280:137 06-01 - 2012 § 280-141 SOUTHOLD CODE § 280-142 (2) All conditions imposed on special exception approval uses generally or specifically by this chapter shall continue to apply, regardless of whether any such conditions were expressly incorporated into the special exception approval. (3) The Zoning Board of Appeals shall retain continuing jurisdiction over the same. D. Violations of conditions. A violation of any limitation or condition of a special exception approval or of any provision of this chapter applicable to a special exception use shall constitute a violation of this chapter. The Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, all on the following grounds: [Amended 6-15-1993 by L.L. No. 10-19931 (1) - False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought. (2) Noncompliance with the terms and conditions of such approval: failure of the applicant -permittee to comply with any conditions or terms of the approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application. § 280-142. General standards. [Amended 6-15-1993 by L.L. No. 10-19931 No special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. 280:138 06-01 - 2012 § 280-142 ZONING § 280-142 G. That the proposal complies with the requirements of Chapter 236, Stormwater Management, or in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Stormwater Management. [Added 2-14-2012 by L.L. No. 3-20121 280:138.1 06-01 - 2012 § DL -1 DISPOSITION LIST § DL -1 Local Law Adoption No. Date Subject Disposition 10-2010 8-24-2010 2010 Retirement Incentive Program, Part NCM B 11-2010 10-5-2010 Parking at beaches amendment; vehicles Chs. 189, Art. I; and traffic amendment 260 1-2011 1-4-2011 Animals: dog licensing and identification Ch. 83, Art. III 2-2011 1-18-2011 Fire prevention and building code Chs. 144; 280 administration amendment; zoning amendment 3-2011 4-12-2011 Taxation: senior citizen exemption Ch. 245, Art. I amendment 4-2011 5-10-2011 Solid waste: garbage, rubbish and refuse Ch. 233, Art. I amendment 5-2011 5-10-2011 Fire prevention and building code Ch. 144 administration amendment 6-2011 5-24-2011 Small wind energy systems amendment; Chs. 277, Art. I; zoning amendment 280 7-2011 7-19-2011 Vehicles and traffic amendment Ch. 260 8-2011 7-19-2011 Prevention of noise Ch. 180 9-2011 8-2-2011 Zoning Map amendment NCM 10-2011 8-30-2011 Parking at beaches amendment Ch. 189, Art. I 11-2011 8-30-2011 Parking at beaches amendment; vehicles Chs. 189, Art. I; and traffic amendment 260 12-2011 10-11-2011 Taxation: exemption for volunteer fire Ch. 245, Art. V fighters and ambulance workers amendment 13-2011 12-6-2011 Fire prevention and building code Ch. 144 administration amendment 1-2012 12-20-2012 Zoning Map amendment NCM 2-2012 1-17-2012 Shellfish and other marine resources Ch. 219 amendment 3-2012 2-14-2012 Fire prevention and building code Chs. 144; 228; administration amendment; soil removal 236; 237, Art. II; amendment; stormwater management 240; 253, Art. I; amendment; street excavations 275; 280 amendment; subdivision of land amendment; tourist and trailer camps: general regulations amendment; wetlands and shoreline amendment; zoning amendment 4-2012 3-13-2012 Unsafe buildings; property maintenance Ch. 100 amendment DL:5 06-01 - 2012 § DL -1 SOUTHOLD CODE § DL -1 Local Law Adoption No. Date Subject Disposition 5-2012 4-10-2012 Zoning amendment Ch. 280 DL:6 06-01 - 2012 DEFINITIONS NOTE: For the convenience of the Code user, all terms defined in this Code are in- cluded in the Index under the heading "Definitions and Abbrevi- ations." -A- ABANDONMENT Harbor management, 157-8 Sewers and sewage disposal, 215- 37,215-43 Subdivision of land, 240-37 Vehicles and traffic, 260-23 Vehicles, motor -driven, 264-19 Wind energy, 277-6 Zoning, 280-76,280-88 ACCESSORY BUILDINGS AND STRUCTURES Fire prevention and building con- struction, 144-8, 144-15 Landmark preservation, 170-7 Wetlands and shoreline, 275-2, 275-5 Zoning, 280-4, 280-13, 280-15, 280-19,280-22,280-104, 280-107, 280-116, 280-149, 280-154 ACCESSORY USES Zoning, 280-4, 280-13, 280-15, 280-17,280-22,280-27,280- 35, 280-38, 280-41, 280-45, 28048, 280-52, 280-55, 280- 58, 280-62,280-78, 280-127, 280-172 ADOPTION OF RENUMBERED 2006 CODE General provisions, ]-14-1-18 ADVERTISING Tobacco advertising, 249-1- 249-5 Wind energy, 277-4 Zoning, 280-80,280-81, 280-85 AFFORDABLE HOUSING Subdivision of land, 240-10 Zoning, 280-137 AFFORDABLE HOUSING (AHD) DISTRICT Subdivision of land, 240-10, 240- 42 Zoning, 280-30 AGE RESTRICTIONS Zoning, 280-30 AGPDD, see AGRICULTURAL PLANNED DEVELOPMENT DISTRICT AGRICULTURAL - CONSERVATION (A -C) DISTRICT (TWO -ACRE MINIMUM) Subdivision of land, 240-42 AGRICULTURAL LANDS PRESERVATION Acquisition of development rights, 704 SOUTHOLD INDEX Alienation of development rights, 70-5 Definitions, 70-3 Hearing, 70-4, 70-5 Improvement, 70-2 Open space, 70-2 Permits, 70-5 Purpose, 70-2 Sale, 704, 70-5 Severability, 70-6 Title, 70-1 AGRICULTURAL PLANNED DEVELOPMENT DISTRICT Zoning, 280-170 - 280-181 AGRICULTURAL USES Farm stands Appeals, 72-11 Area, yard and bulk regula- tions, 72-5, 72-6 Definitions, 72-6 Farm stand offerings, 72-7 Farm stand permit required, 72-5 Farm stand permits issued without requirements of site plan approval, 72-6 Maximum size of farm stand, 72-8 Off-street parking, 72-6 Parking, 72-5, 72-6 Penalties for offenses, 72-12 Permit, 72-12 Setbacks, 72-6 Variance procedures, 72-11 Zoning, 72-5 Zoning Board of Appeals, 72- 11 General provisions Definitions, 72-4 Purpose, 72-2 Statutory authorization, 72-3 Title, 72-1 Variances, 72-3 AIR CONDITIONING Sewers and sewage disposal, 215- 36 AIR POLLUTION Zoning, 280-77, 280-111 ALARM SYSTEMS Alarm device, 75-2, 75-3, 75-6 Charges for false alarms, 75-6 Definitions, 75-2 Disorderly conduct, 75-8 Emergency, 75-1, 75-2, 75-5, 75- 6 False alarms, 75-5, 75-6 Fees, 75-4 Fine, 75-8 Intentional false alarms, 75-5 Investigation, 75-1 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, I 1I- 13 Flood damage prevention, 148- 14,148-16,148-18,148-21 48- 14,148-16,148-18,148-21 Harbor management, 157-4, 157- 6 Wind energy, 277-4 ANIMALS Community Preservation Fund, 17-4 Dog Licensing and Identification Definitions, 83-18 Exemptions, 83-23 Fees, 83-23 Identification tag, 83-24 Issuance of license, 83-24 Legislative authority, 83-16 Licenses issued only by Town Clerk, 83-20 Licensing, 83-19 Notices, 83-24 Penalties for offenses, 83-25 Proof of vaccination against rabies, 83-21 Purpose, 83-17 Rabies vaccinations, 83-21 Records, 83-24 Repeal of inconsistent local laws or ordinances, 83-26 Term of license and renewals, 83-22 Dogs, 83-6 - 83-15 Arrest warrant, 83-9 Confinement, 83-12 Disposition, 83-12 Enforcement, 83-7 Fecal matter, 83-6 Filing of complaints, 83-8 Fine, 83-13 Hunting, 83-6 Impoundment, 83-11, 83-12 Leash, 83-6 Minors, 83-6 Penalties for offenses, 83-6, 83-13 Permit, 83-6, 83-9 Pet waste disposal, 83-6 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 06-01-2012 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, 834 Water, 83-3, 83-4 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 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 Lighting, outdoor, 172-8 Records, 59-8, 59-10 Subdivision of land, 240-10, 240- 45,240-57 Waterfront consistency review, 268-4, 268-5 Zoning, 280-4, 280-9, 280-13, 280-17, 280-22, 280-28, 280- 31, 280-35,280-38, 280-41, 28045, 28048, 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 SOUTHOLD INDEX ARCHITECTURAL REVIEW COMMITTEE Zoning, 280-131 AREA, YARD AND BULK REG- ULATIONS Agricultural uses, 72-5, 72-6, 72- 8 Community Preservation Fund, 17-13 Stormwater management, 236-20 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; property maintenance, 100-10 Coastal erosion hazard areas, 111- 10 Development rights, transfer of, 117-7 Ethics, 26-13 General provisions, 1-4 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, 245-3, 2454,245-8, 245-9, 245-11, 245-12 Waterfront consistency review, 268-3, 268-5 Wetlands and shoreline, 275-4, 275-6 Zoning, 280-45, 280-88, 280-92, 280-133, 280-159 ASSESSOR Taxation, 245-3 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 NCIE BACKFILLING Streets and sidewalks, 237-13 Subdivision of land, 240-36 Wetlands and shoreline, 275-11 BARRICADES Sewers and sewage disposal, 215- 43 Streets and sidewalks, 237-12, 237-13 0 Wetlands and shoreline, 275-11 BATTERIES Junkyards, 466-1 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 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 06-01-2012 [+Y9MNORRIMM Compliance required, 96-33 Parks, 96-15 Electrical inspections, 126-3 Enforcing officer, 96-30 Permit, 96-15, 96-18, 96-20, 96- Filming, 139-8 Fine, 96-33 24,96-25 Flood damage prevention, 148-11 Hearing, 96-31, 96-32 Public Docks, 96-4, 96-5 Powers and duties, 100-9, 280- Meeting, 96-32 Definitions, 964 151 Notice of violation, 96-31, 96- Monopolization of docks, Soil removal, 228-4 32 bulkheads and landing Streets and sidewalks, 237-28 Notices, 96-31 - 96-33 places prohibited, 96-5 Waterfront consistency review, Penalties for offenses, 96-33 Ramps, 96-9 268-6 Permit, 96-31- 96-33 Record, 96-10, 96-25 Wind energy, 277-7 Anchoring, 96-7, 96-11, 96-12, Registration, 96-10, 96-24 Zoning, 280-6,280-8, 280-13, 96-22, 96-23 Regulation of personal watercraft 280-31, 280-81, 280-85, 280 - Applicability, 96-6 and specialty prop -craft, 96- 88, 280-92, 280-109, 280 - Aquatic events, 96-18 16 127,280-130, 280-131, 280 - Bathing and swimming, 96-19 Safety, 96-14, 96-15 146, 280-151-280-155 Boats, 96-6 - 96-25 Sale, 96-10, 96-25 BUILDING PERMITS Definitions, 96-7 Sanitary regulations, 96-8 Development rights, transfer of, Disabled, 96-10 Scuba diving, 96-20 117-8 Drug, 96-15 Short title, 96-6 Electrical inspections, 126-3 Dumping, 96-8 Signs, 96-23, 96-24 Ethics, 26-21 Emergency, 96-17 Spearfishing, 96-21 Fire prevention and building con - Equipment, 96-14 Speed limits, 96-13 struction, 144-3, 144 -8,144 - Explosive, 96-16 Storage, 96-10, 96-25 11, 144-12, 144-17 Floating Homes, 96-26 - 96-29 Towing, 96-12 Landmark preservation, 170-5, Definitions, 96-27 Unnavigable boats, 96-10 170-6 Emergency, 96-26 Vehicle, 96-9, 96-24 Sewers and sewage disposal, 215 - Legislative findings, 96-26 Water, 96-12, 96-16 41 Permit, 96-28 Water-skiers, 96-12 Streets and sidewalks, 237-25, Pollution, 96-26 Zoning, 280-137 237-26 Prohibited acts, 96-28 BONDS Subdivision of land, 240-10, 240 - Recreation areas, 96-26 Coastal erosion hazard areas, 111- 25 Safety, 96-26 15, 111-27, 111-28 Wind energy, 277-3, 277-6 Severability, 96-29 General provisions, 1-4 Zoning, 280-8 - 280-10,280-31, Storage, 96-26 Highway specifications, 161-46, 280-70, 280-71, 280 -74,280 - Water, 96-26 161-49 114,280-121, 280 -124,280 - Water pollution, 96-26 Housing fund, 34-4 125, 280-127, 280 -130,280 - Fuel, 96-16 Sewers and sewage disposal, 215- 134, 280-140,280-151 - 80-140,280-151- Garbage, 96-8 Garbage, 42 280-153, 280-180 Gas, 96-17 Soil removal, 228-8, 228-9 BUILDINGS, UNSAFE; PROP - Gases, 96-16 Stormwater management, 236-20 ERTY MAINTENANCE Hazards to navigation, 96-10 Streets and sidewalks, 237-9, Assessments, 100-10 Hunt, 96-20 237-18 Building Inspector, 100-7, 100-9 Inspection, 96-24 Subdivision of land, 240-3, 240-7, Cesspools, 100-4 Internal-combustion engines, 96- 240-20, 240-23, 240-25, 240- Contents of notice, 100-7 17 30 - 240-35, 240-37, 24045 Costs and expenses, 100-7, 100 - Liable, 96-10, 96-25 Wetlands and shoreline, 275-9 10 Lien, 96-10, 96-25 Zoning, 280-137 Definitions, 100-3 Lighting, 96-14 BRUSH, GRASS AND WEEDS Emergency measures to vacate, Manner of operation, 96-13 Burning, outdoor, 104-1, 104-2 100-9 Mattituck Creek, 96-23 Highway specifications, 161-16, Filing a copy of notice, 100-8 Mooring and anchoring, 96-22 161-30 Garbage, rubbish and refuse, 100 - Mooring permits, 96-24 Solid waste, 2334 4 Mooring without a permit, 96-25 Tourist and trailer camps, 253-5 Hearings, 100-7 Mufflers, 96-17 BUFFERS Inspection and report, 100-5 Noise, 96-17 Coastal erosion hazard areas, 111- Landscaping, 1004 Notice, 96-10, 96-13, 96-25 12 Liability, 100-11 Obstruction and Use of Town Subdivision of land, 240-3, 240- Liens, 100-10 Waters, 96-1- 96-3 17, 240-21, 24042, 24043, Notices, 100-9 Anchoring, 96-3 240-49 Penalties for offenses, 100-6, Issuance of permits by Board Wetlands and shoreline, 275-2, 100-10, 100-11 of Trustees, 96-3 275-5, 275-7,275-11 Purpose, 100-2 Permit, 96-1, 96-3 Zoning, 280-92, 280-94 - 280-96, Safety hazards, 100-9 Restricted areas at end of 280-118,280-137, 280-143 Service of notice, 100-6 Town highways, 96-2 BUILDING INSPECTOR Severability, 100-12 Operation of boats near beaches Buildings, unsafe; property Standards, 100-4 and bathers, 96-11 maintenance, 100-7,100-9 Title, 100-1 Operators, 96-15 Development rights, transfer of, Unsafe buildings, 1004, 100-5 Parade, 96-16 117-7 Unsafe premises, 100-4 06-01-2012 Vehicles, junked, 100-4 Violations and penalties, 100-7 Water, 100-4 Wells, 100-4 When effective, 100-13 See also PROPERTY MAINTENANCE BURNING Burning, outdoor, 104-1, 104-2 Fire prevention and building con- struction, 144-8 General provisions, 1-2 Junkyards, 166-3, 166-7 BURNING, OUTDOOR Agreement with Fire District, 104-1 Brush, 104-1, 104-2 Burning, 104-1, 104-2 Exclusions, 1044 Fine, 104-5 Fires, 104-1 - 104-3 Grass, 104-1, 104-2 Grass fires, 104-2 Penalties for offenses, 104-5 Permit, 104-1, 104-2 Supervision of fires, 104-3 SUS STOPS Vehicles and traffic, 260-21, 260- 27 _C_ CATWALKS Wetlands and shoreline, 275-11 CEMETERIES Zoning, 280-13 CERTIFICATES OF APPROVAL Subdivision of land, 240-21 CERTIFICATES OF COMPLI- ANCE Electrical inspections, 126-3 Flood damage prevention, 148-14 Wetlands and shoreline, 275-10, 275-13 Zoning, 2804,280-13 CERTIFICATES OF INSUR- ANCE Filming, 139-3,139-11 CERTIFICATES OF OCCU- PANCY Development rights, transfer of, 117-11 Electrical inspections, 126-3 Ethics, 26-21 Fire prevention and building con- struction, 144-15 -144-18 Stormwater management, 236-34 Streets and sidewalks, 237-25 Subdivision of land, 240-49 Zoning, 280-4,280-10, 280-13, 280-31, 280-33, 280-85, 280- 112, 280-130, 280-151, 280- 154 CESSPOOLS Buildings, unsafe; property maintenance, 100-4 SOUTHOLD INDEX Sewers and sewage disposal, 215- 2,2154,215 -5,215 -7,215- 8,215 -11,215 -12,215-19, 15- 2,215-4,215-5,215-7,215- 8,215-11,215-12,215-19, 215-21,215-22,215-27,215- 28, 15-21,215-22,215-27,215- 28, 215-37, 215-39 Soil removal, 228-4 Wetlands and shoreline, 275-3, 275-5 CHURCH Sewers and sewage disposal, 215- 41 Streets and sidewalks, 237-20 Vehicles and traffic, 260-17 Zoning, 280-38,28048, 280-143 CLAMS Shellfish and other marine re- sources, 219-9 CLUSTER DEVELOPMENT Subdivision of land, 240-10, 240- 42-240-45 40- 42-240-45 Zoning, 280-137 COASTAL EROSION HAZARD AREAS Administration and Enforcement, 111-27 -111-34 Bond, 111-27,111-28 Coastal erosion management permit, 111-27 Conflicts, 111-31 Environmental review, 111-33 Fine, 111-34 Hearing, 111-27 Inspections, 111-29 Interpretation, 111-30 Notice of violations, 111-29 Penalties for offenses, 111-34 Permit, 111-27,111-28, 111- 31 Powers and duties of Adminis- trator, 111-29 Records, 111-29 Reports, 111-27, 111-29 Severability, 111-32 Sign, 111-29 Variances, 111-27 Water, 111-29 Amendments, 111-35, 111-36 Certification, 111-36 Hearing, 111-35 Newspaper, 111-35 Notice, 111-35 Procedure, 111-35 Report, 111-35 Emergency Activities, 111-17 - 111-19 Applicability, 111-17 Emergency, 111-17-111-19 Improper or insufficient notifi- cation, 111-19 Notification, 111-18,111-19 Permit, 111-19 Safety, 111-17, 111-18 General Provisions, 111-1 - 1I I- 6 Definitions, 111-6 Enactment, 111-1 Findings, 111-5 Grading, 111-6 M Purpose, 1114 Title, 111-2 Water, 111-5, 111-6 Well, 111-4, 111-5 When effective, 111-3 Wildlife, 111-6 Regulations, 111-7 -111-16 Anchored, 111-13 Assessment, II I A 0 Beach area, 111-12 Bluff area, 111-14 Bond, 111-15 Buffer, 111-12 Drainage, 111-14 Dune area, 111-13 Erosion protection structures, 111-15 Establishment, 111-7 Excavation, 111-10 Fine, 111-11 Gas, 111-10 Grade, 111-10-111-13 Nearshore area, 111-11 Obstructions, 111-11, 111-13 Open space, 111-13 Permit, 111-8 - 111-15 Record, 111-10 Structural hazard area, 111-10 Traffic control, 111-16 Vehicles, 111-16 Water, 111-7, 111-10, 111-13, 111-14 Well, 111-13 Wildlife, 111-12- 111-15 Variances and Appeals, 111-20 - 111-26 Coastal Erosion Hazard Board of Review, 111-24 Expiration, 111-23 Fees,111-22 Format and procedure, 111-21 Hearing, 111-23 Notice, 111-25 Variances from standards and restrictions, 111-20 CODE ENFORCEMENT OF- FICER Powers and duties, 219-23, 275- 12.1 Shellfish and other marine re- sources, 219-23 Wetlands and shoreline, 275-12.1 Wind energy, 277-7 COLD WAR VETERANS' TAX EXEMPTION Taxation, 245-17, 245-18 COMBUSTIBLE Junkyards, 166-1, 166-7 Soil removal, 228-7 COMMERCIAL VEHICLES Solid waste, 233-1, 2334 Zoning, 280-78, 280-110 COMMITTEES, APPOINT- MENT OF Committee members, 13-2 Duties, 13-3 Effect on statutory provisions, 13- 5 06-01-2012 Establishment of committees, 13- 1 Expenses, 13-4 Meeting, 13-3 Minutes, 13-3 When effective, 13-6 COMMUNICABLE DISEASES Police department rules and regu- lations, A29045 Tourist and trailer camps, 253-14 Zoning, 280-13 COMMUNITY PRESERVATION FUND Community Preservation Fund Advisory Board, 17-16 - 17- 18 Community Preservation Fund Advisory Board estab- lished, 17-16 Membership, 17-16 Purpose, 17-16 Severability, 17-17 When effective, 17-18 Southold Community Preserva- tion Fund, 17-1- 17-11 Acquisition of interests in property, 17-7 Alienation of land acquired us- ing fund moneys, 17-9 Animal, 17-4 Definitions, 17-4 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, 17-4, 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, 174, 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 SOUTHOLD INDEX 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 rev- enue, 17-31 Designation of agent by Coun- ty 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 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- 42,24043,240-53 40-19,240- 42,240-43,240-53 Zoning, 280-29 CONFIDENTIALITY Community Preservation Fund, 17-37 Police department rules and regu- lations, A290-41 CONFLICTS OF INTEREST Ethics, 26-3 CONSTRUCTION Stormwater management, 236-7, 236-9, 236-18 - 236-20, 236- 30 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 CONTRACTORS Stormwater management, 236-22 CONVENIENCE STORES Zoning, 280-45, 28048 COSTS AND EXPENSES Buildings, unsafe; property maintenance, 100-7, 100-10 Stormwater management, 236-31 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 CROSSWALKS Subdivision of land, 240-3 CURB Highway specifications, 161-4, 161-34, 161-38, 161-41, 161- 45, 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, 2804,280-55,280-78, 280-92,280-131,280-133, 280-137 CURBS Zoning, 280-131 -D- DECKS Fire prevention and building con- struction, 144-8 DEFENSE AND INDEMNIFICA- TION Adoption of statutory provisions, 21-1 Town to provide defense for em- ployees, 21-2 06-01-2012 SOUTHOLD INDEX DEFINITIONS AND ABBREVI- Auto repair shop, 280-4 Club, membership or country or ATIONS Base flood, 148-4 golf, 280-4 303(d) list, 236-5 Basement, 1484,280-4 Club, yacht, 2804 Access, 280-4 Base station equipment, 280-69 Cluster, 240-3, 280-4 Accessory apartment, 2804 Bay, 275-2 Coastal area, 268-3 Accessory building or structure, Beach, 111-6, 275-2 Coastal assessment form (cal), 280-4 Bed -and -breakfast, 280-4 268-3 Accessory structure, 275-2 Berm, 280-4 Coastal erosion hazard area map, Accessory use, 280-4 Best management practices 111-6 Access path, 275-2 (BMPs), 236-5 Coastal erosion hazard line, 275-2 Acquisition, 185-3 Billboard, 280-4 Coastal high -hazard area, 1484 Actions, 268-3 Block, 2804 Coastal waters, 111-6 Active duty, 245-17 Bluff, 111-6, 275-2 Coastline, 111-6 Adaptive reuse, 170-3 Bluff line, 275-2 COD (denoting chemical oxygen Addition, 280-4 Board, 215-2,275-2 demand), 215-36 Administrative permit, 275-2 Boarding- and tourist houses, Cold War veteran, 245-17 Administrator, 111-6 280-4 Co -location, 280-69 Advisory board, 174 Board of appeals, 2804 Combined sewer, 215-36,236-5 Aesthetics, 275-2 Board or Department of Public Commence (commencement of) Agency, 268-3 Health, 253-1 construction activities, 236-5 Agricultural debris, 233-1 Boats, 96-7 Commercial agriculture, 275-2 Agricultural lands, 70-3 Boat/vessel, 2194, 275-2 Commercial dock, 275-2 Agricultural production, 70-3, 72- BOD (denoting "biochemical ox- Commercial purposes, 219-4 4,236-5 ygen demand"), 215-36 Commercial self -haulers, 233-1 Agricultural uses, 72-4 Body fluids, A29045 Commercial service equipment, Agriculture, 236-5, 240-3, 275-2, Bowriding, 96-7 180-4 280-4 Breakaway wall, 148-4 Commercial vehicles, 233-1 Agriculture and markets law, 83- Breezeway, 2804 Commission, 64-3 18 Buffer, 280-4 Committee, 70-3, 185-3 Agriculture reserve area, 240-3 Buffer area, 240-3, 275-2 Common driveway, 240-3 Airborne sound, 180-4 Buildable area, 280-4 Common open space, 280-4 Alarm installation, 75-2 Buildable lands, 240-3, 280-4 Communicable disease, A290-45 Alienation, 70-3, 185-3 Building, 1484, 236-5, 280-4 Community preservation, 17-4 Alteration, 170-3, 2804 Building area, 2804 Community preservation project Alter hydrology from pre- to post- Building connection lateral, 215- plan, 17-4 development conditions, 36 Complainant, A290-36 236-5 Building drain, 215-36 Comprehensive plan, 240-3 Amplified sound, 1804 Building Inspector, 236-5 Condominium, 280-4 Antenna, 280-69 Building line, 280-4 Conservation, 240-3, 275-2 Antenna support structure, 280-69 Building or house sewer, 215-36 Conservation areas, primary, 240 - Apartment, 2804 Building permit, 144-3 3 Apartment house, 280-4 Bulkhead, 275-2,280-4 Conservation areas, secondary, Appeal, 148-4 Camp cottage, 253-1 240-3 Appear and appear before, 26-2 Campsite, 253-20 Conservation easement, 240-3 Applicant, 236-5,240-3,275-2, Cans, 233-1 Conservation subdivision, 240-3 280-4 Carter, 215-2 Consideration, 17-20 Application, 275-2 Catwalk, 275-2 Consistent, 268-3 Application for development, Cellar, 148-4, 280-4 Construction, 236-5 280-4 Central alarm station, 75-2 Construction activity, 236-5 Aquaculture, 275-2 Certificate of compliance, 2804 Construction and demolition (c Aquaculture/mariculture, 219-4 Certificate of occupancy, 280-4 & d) debris, 233-1, 275 - Archives, 59-13 Cesspool, 215-2 2 Area light, 172-2 Channel, 236-5 Construction device, 1804 Area of shallow flooding, 1484 Channel system, 96-7,2194 Consumer price index, 280-25 Area of special flood hazard, 148- Charitable event, 1804 Containment, 2194 4 Child care, 280-4 Continuing care facility, 280-4 Armed forces, 245-17 Child-care center, 249-2 Controlling interest, 17-20 As -built plans, 275-2 Chlorine demand, 215-36 Convenience store, 2804 Asset, 280-25 Churning, 219-4 Conveyance, 17-20, 280-25 ASTM, 215-36 Cigarette, 249-2 Cooling water, 215-36 Attendant, 233-1 Cigarette tobacco, 249-2 Cooperative, 280-4 Authorized private receptacle, Clean fill, 236-5 Corrugated cardboard, 233-1 174-1 Clean Water Act, 236-5 Court, depth of outer, 280-4 Auto, 166-2 Clearing, 236-5, 240-3, 275-2 Court, inner, 2804 Automobile sales lot or building, Clerk, 275-2 Court, outer, 2804 280-4 Clerk of the Planning Board, 240- Court, width of outer, 280-4 Automobile trailer or house car, 3 Crawl space, 1484 253-1 Club, beach, 2804 Creeks, 275-2 06-01-2012 SOUTHOLD INDEX Critical environmental areas, 275- Erosion hazard area, 111-6 Footcandle (FC), 172-2 2 Erosion protection structure, 111- Fraternal organization, 280-4 Crops, livestock and livestock 6 Frontage, 280-4 products, 280-98 Erosion, sedimentation and Front or frontage, 237-23 Crosswalk, 240-3 stormwater runoff control Full cutoff (FCO), 172-2 Cul-de-sac, 2804 plan, 236-5 Fully shielded, 172-2 Cul-de-sac (court), 240-3 Essential lighting, 172-2 Functional, 275-2 Culling, 219-4 Excavation, 236-5 Functional bulkhead, 275-2 Cultural features, 240-3 Excessive lighting, 172-2 Functional jetty/groin, 275-2 Curb cut, 280-4 Existing manufactured home park Functionally dependent use, 148 - Curb level, 280-4 or subdivision, 148=4 4 Curbline, 260-1 Existing resource and site analy- Fund, 174,17-20,34-3 Customer or client, 26-2 sis plan (ersap), 240-3 Gabion, 275-2 Custom workshop, 2804 Existing structure, 111-6 Garage, private, 280-4 Days, 47-1 Expansion to an existing manu- Garage, public, 280-4 dB(A), 180-4 factured home park or subdi- Garage, repair, 280-4 Debris line, 111-6 vision, 1484 Garbage, 100-3, 174-1, 215-36 Dec, 215-36 Exterior lighting, 172-2 Gasoline service station, 2804 Decibel ("dB"), 1804 Exterior property, 100-3 Gift and financial benefit, 26-2 Deck, 275-2, 280-4 Facade, 170-3 Glare, 172-2 Decking, 275-2 Fall zone, 280-69 Glass, 233-1 Dedication, 236-5, 2804 False emergency alarm, 75-2 Gold star parent, 245-15 Demolition, 170-3 Family, 280-4 Golf course, standard regulation, Department, 47-1, 236-5, A290- Family/household, A290-36 280-4 46 Family member, 2804 Grading, 111-6, 236-5, 240-3 Design manual, 236-5 Family offense, A290-36 Grantee, 17-20 Design professional, 236-5 Farm, 2804 Grantor, 17-20 Developer, 236-5 Farm buildings, 2804 Greenhouse, 280-4 Development, 148-4,236-5 Farm stand, 72-4, 2804 Grievance, 47-1 Development right, 70-3, 185-3 Federal emergency management Grocery store, 280-4 Development rights, 117-2, 280- agency, 1484 Groin, 275-2 171 Fence, 280-4 Ground floor, 280-4 Dial alarm, 75-2 Filling, 236-5 Ground -mounted, 280-69 Direct actions, 268-3 Final plat, 240-3 Guest, 219-4 Direct alarm, 75-2 Final plat approval, 240-3 Guest unit, 2804 Direct discharge (to a specific Final stabilization, 236-5 Guyed antenna support structure, surface water body), 236-5 Fire departments, 75-2 280-69 Discharge, 236-5 Fire or police alarm device, 75-2 Habitable floor area, 2804 District, 215-2, 215-36 Fish processing, 280-4 Habitat, 275-2 Dock, 275-2 Fixed dock, 275-2 Habitat fragmentation, 275-2 Dock length, 275-2 Fixed gear, 219-4 Handbill, 174-1 Domestic or sanitary sewage, Fixture, 172-2 Harvesting, 275-2 215-36 Flat or mansard roof, 280-4 Hazardous materials, 236-5 Drainage right-of-way, 240-3 Flea market, 280-4 Head of household, 280-25 Drainage systems, 236-5 Floating dock, 275-2 Health care facility, 280-4 Drain field, 215-2 Floating home, 96-27 Height, 280-69 Drain layer or licensed drain lay- Floating home marina, 96-27 Height of accessory building, er, 215-36 Flood boundary and floodway 280-4 Dune, 111-6,275-2 map (fbfm), 148-4 Height of building, 280-4 Dwelling, 249-2 Flood elevation study, 148-4 Highest adjacent grade, 148-4 Dwelling, multiple, 280-4 Flood hazard area, 2804 Highway, 237-5 Dwelling, one -family, 280-4 Flood hazard boundary map Historic, 170-3 Dwelling, row or attached, 2804 (fhbm), 1484 Historical society, 2804 Dwelling, semidetached, 2804 Flood insurance rate map (firm), Historic building, 2804 Dwelling, two-family, 280-4 148-4 Historic significance, 64-3 Dwelling unit, 2804 Flood insurance study, 1484 Historic structure, 1484 Easement, 215-2, 240-3, 280-4 Flood or flooding, 148-4 Holiday lighting, 172-2 Eel, 219-4 Floodplain, 2804 Holidays, 260-1 Elevated building, 148-4 Floodplain or flood -prone area, Home business office, 280-4 Emergency alarm, 75-2 1484,240-3 Home occupation, 2804 Employee, 47-1 Floodproofing, 1484 Homeowner's light residential Energy Code, 144-3 Floodway, 1484 outdoor equipment, 1804 Engineer, 240-3 Floor area, 280-4 Homeowners' or homes associa- Environment, 268-3 Floor area, livable, 2804 tion, 275-2, 2804 Equipment shelter, 280-69 Floor area ratio, 2804 Home professional office, 2804 Erosion, 111-6,236-5 Flush -mounted, 280-69 Horticulture, 275-2 Erosion control, 275-2 Food catering facility, 2804 Hotel or motel, resort, 2804 Erosion Control Manual, 236-5 Food processing facility, 280-4 Hotel or motel, transient, 280-4 7 06-01-2012 SOUTHOLD INDEX Household, 280-25 Lot depth, 2804 Natural protective feature area, Housing, 34-3 Lot, interior, 280-4 111-6 Identification tag, 83-18 Lot line, 280-4 Natural vegetated buffer, 268-3 IESNA, 172-2 Lot line, front, 280-4 Natural watercourse, 236-5 IESNA recommended practices, Lot line modification, 240-3 Natural watershed, 236-5 172-2 Lot line, rear, 280-4 Nearshore area, 111-6 Illegal dumping, 233-1 Lot line, side, 2804 Net worth, 280-25 Illicit connections, 236-5 Lot, rear or flag, 280-4 New construction, 148-4 Illicit discharge, 236-5 Lot, through, 280-4 New manufactured home park or Illuminance, 172-2 Lot width, 2804 subdivision, 148-4 Immediate family member, 26-2 Lower- and moderate -cost hous- Newspaper, 174-1, 233-1 Immediate project area, 275-2 ing, 2804 New York Scenic Byway (North Immediate supervisor, 47-1 Lowest floor, 148-4 Fork Trail), 268-3 Impervious surface, 236-5, 275-2 Low -profile jetties, 275-2 Noise pollution, 1804 Income eligible individu- Low -sill bulkhead, 275-2 Nonconforming building or struc- als/families, 34-3 Lumen, 172-2 ture, 280-4 Individual sewage treatment sys- Luminaire, 172-2 Nonconforming lot, 280-4 tem, 236-5 Main floor, 280-4 Nonconforming use, 2804 Indoor dog and cat care facility, Maintenance agreement, 236-5 Nondisturbance buffer, 275-2 2804 Maintenance dredging, 275-2 Nonessential exterior lighting, Industrial activity, 236-5 Major addition, 111-6 172-2 Industrial sewage or wastes, 215- Man-made pond, 275-2 Nonfertilizer, 275-2 36 Manufactured home, 1484 Nonpoint source pollution, 236-5 Industrial stormwater permit, Manufactured home park or sub- Nonrecyclable waste, 233-1 236-5 division, 148-4 Nonresident, 219-4 Infiltration, 236-5 Manufacturing, 280-4 Nonstormwater discharge, 236-5 Interest in real property, 17-20 Map, 237-23 Nonturf buffer, 275-2 Interior -mounted, 280-69 Marina, 96-27, 275-2 Normal maintenance, 111-6 Intrusion, 75-2 Marina or boat basin, 280-4 NPDES, 215-36 Jetty, 275-2 Marine resources, 219-4 Nuisance wildlife, 268-3 Junked vehicle, 100-3 Master plan, 280-4 Nursery school, 2804 Junkyard, 280-4 Material, 275-2 Occupant, 100-3 Jurisdictional wetland, 236-5 Mean high water (mhw), 275-2, Off duty, A290-46 Lamp, 172-2 280-4 Officer, A290-46 Land, 100-3 Mean low water, 111-6 Official map, 240-3 Land development activity, 236-5 Mean low water (mlw), 275-2 Official time standard, 260-1 Landmark designation, 280-4 Mean sea level, 148-4 Off -premises sign, 280-4 Landowner, 236-5 Member, A29046 Off-street parking space, 280-4 Landscaped buffer, 268-3 Minor actions, 268-3 On duty, A29046 Landscape lighting, 172-2 Mobile home, 148-4 One -hundred -year flood, 148-4 Landscaping, 280-4 Moderate -income family, 280-25 One -hundred -year floodplain, Landward, 275-2 Moderate -income family dwelling 236-5 Larger common plan of develop- unit, 280-25 On-site system, 215-2 ment or sale, 236-5 Moderate -income family unim- Open development area, 240-3 Latest class ratio, 245-17 proved lot, 280-25 Open space, 280-4 Latest state equalization rate, 245- Modification, 280-69 Open space or open area, 185-3 17 Monopole, 280-69 Operations, 275-2 Lattice antenna support structure, Monopolize, 96-4,275-2 Order of protection, A290-36 280-69 Mooring, 275-2 Ordinary and usual maintenance, Laws and ordinances, A29046 Motel, resort, 280-4 275-2 Licensing authority, 75-2 Motel, transient, 2804 Ordinary maintenance, 280-69 Life care community, 280-4 Mount, 280-69 Original structure, 275-2 Light industrial uses, 2804 Mounting height, 172-2 Outdoor storage, 2804 Light industry, 2804 Movable structure, 111-6 Outside employer or business, 26 - Lighting, 172-2 Multiple dwelling, 249-2 2 Light pollution, 172-2 Multiple dwelling unit, 249-2 Owner, 83-18,100-3, 237-23, Light source, 172-2 Municipal permit, 236-5 2804 Light trespass, 172-2 Municipal separate storm sewer Owner of record, 83-18 Litter, 100-3, 174-1 system (MS4), 236-5 Park, 174-1, 249-2 Living area, 2804 National geodetic vertical datum Park and recreation fee, 240-3 Loading berth, 280-4 (ngvd)", 148-4 Park dedication, 240-3 Local administrator, 1484 Natural buffer, 240-3 Parking lot, 2804 Local waterfront revitalization Natural drainage, 236-5 Partially shielded, 172-2 program or Iwrp, 268-3 Natural features, resources or sys- Partial self-service gasoline ser - Lot, 240-3, 280-4 tems, 240-3 vice station, 280-4 Lot area, 280-4 Natural outlet, 215-36 Patent lands, 219-4, 275-2 Lot, comer, 2804 Natural protective feature, 111-6, Patio, 280-4 Lot coverage, 280-4 236-5, 268-3 Peak lunar tides, 275-2 8 06-01-2012 SOUTHOLD INDEX Peddler, 197-2 Radio frequency (RF) signal, 280- School, 249-2 Performance bond, 240-3 69 Secondary dune, 111-6 Performance guaranty, 2804 Real property, 17-20 Sedimentation, 236-5 Period of war, 245-15 Receding edge, 111-6 Sediment control, 236-5 Permanent fixed improvement, Receiving district, 117-2 Sending district, 117-2 280-25 Recession rate, 111-6 Sensitive areas, 236-5 Permanent mooring, 96-7 Recharge, 236-5 Septage (scavenger waste), 215-2 Permanent resident, 2194 Recording officer, 17-20 Septic tank, 215-2, 280-4 Permit holder, 144-3 Records, 59-13 Seqra, 240-3 Person, 17-20, 26-2, 83-18, 96-4, Records center, 59-13 Service connected, 245-17 96-27, 100-3, 111-6, 144-3, Records disposition, 59-13 Servicing, 59-13 166-2, 174-1, 180-4, 197-2, Records management, 59-13 Setback, 275-2, 280-4 215-2,215-36,233-1, 237-5, Recreation, active, 240-3 Sewage, 215-36 249-2,275-2, 280-4 Recreational areas, 193-1 Sewage treatment plant, 215-2, Personal watercraft, 96-7 Recreational facilities, 2804 215-36 Pervious nonturf buffer, 268-3 Recreational vehicle, 1484, 253- Sewage works, 215-36 Pervious surface, 236-5 20,280-4 Sewer or drain, 215-36 pH, 215-36 Recreational vehicle park, 253-20 Sheathing, 275-2 Phasing, 236-5 Recreational vehicle site, 253-20 Shellfish, 219-4 Pier, 275-2 Recreation facility, commercial, Shopping center, 2804 Pier line, 275-2 280-4 Shoreline structure, 275-2 Planning board, 280-4 Recreation, passive, 240-3 Side -mounted, 280-69 Planning board or board, 240-3 Recyclable, mandated, 233-1 Sign, 280-4 Plastics, 233-1 Recyclable, other, 233-1 Sign area, 2804 Plat, 280-4 Recyclable wood, 233-1 Significant fish and wildlife habi- Platform, 275-2 Refuse, 174-1, 233-1 tat, 111-6, 268-3 Police headquarters, 75-2 Refuse hauler/carter, 233-1 Silt boom, 275-2 Pollutant, 236-5 Regulated activity, 111-6 Site plan, 280-4 Pollutant of concern, 236-5 Regulation equipment, A29046 Site preparation, 236-5 Pond, 275-2 Regulatory floodway, 1484 Skyglow, 172-2 Preexisting nonpermitted and/or Relative, 26-2 Sloping roof, 2804 nonconforming structures, Removal, 170-3 Slugs, 215-36 275-2 Rental permit, 280-4 Small wind energy system, 277-1, Preliminary plat, 240-3 Research laboratory, 280-4 2804 Premises, 100-3, 236-5 Resident, 83-18 Smokeless tobacco, 249-2 Preservation, 240-3 Residential, 275-2 Solar power fast track program, Primary dune, 111-6 Residential cluster, 2804 144-3 Primary frontal dune, 148-4 Residential dock, 275-2 Solicitor and/or canvasser, 197-2 Primary residence, 280-25 Residential horticulture, 275-2 Sound, 275-2 Principal building, 2804 Residential self -haulers, 233-1 Sound -level meter, 180-4 Principally above ground, 148-4 Resource buffer area, 275-2 Spawner sanctuary, 275-2 Principal use, 280-4 Responsible party, 236-5 SPDES General Permit for Priority water body, 268-3 Restaurant, 280-4 Stormwater Discharges from Private dwelling, 249-2 Restaurant, formula food, 280-4 Municipal Separate Storm - Private premises, 174-1 Restaurant, take-out, 2804 water Sewer Systems GP -0 - Private warehousing, 280-4 Restoration, 111-6 10-002, 236-5 Proactive restoration, 275-2 Resubdivision, 240-3 Special conditions, 236-5 Probable cause, A290-36 Retail sales area, 72-4 Special exception use, 2804 Processed agricultural product, Retail store, 2804 Special projects coordinator, 280- 72-4 Retaining wall, 275-2, 2804 25 Professional, A290-46 Revetment, 275-2 Specialty prop -craft, 96-7 Professional office, 2804 Right-of-way lines, 2804 Split -rail fence, 275-2 Project, 236-5 Riprap, 275-2 Stabilization, 236-5 Public parking lot, 260-1 Roadside farm stand or agricul- Standard installation, 144-3 Public place, 174-1 tural stand, 280-4 Standard subdivision, 240-3 Public property, 264-3 Roof -mounted, 280-69 Start of construction, 148-4 Public sewer, 215-36 Rubbish, 100-3, 174-1 State Pollutant Discharge Elimi- Public warehousing, 280-4 Rules, 130-2 nation System (SPDES), Public water: public sewer, 280-4 Run at large, 83-18 236-5 Qualified inspector, 236-5 Rural significance, 64-3 State Pollutant Discharge Elimi- Qualified owner, 245-17 Salvage center, 211-1 nation System (SPDES) Qualified professional, 236-5 Sand dunes, 148-4 General Permit for Construc- Qualified residential real proper- Sanitary flow credit, 117-2 tion Activities GP -0-10-001, ty, 245-17 Sanitary sewer, 215-36 236-5 Radio frequency (RF) emissions Scap net, 219-4 Stop -work order, 236-5 or radiation, 280-69 Scavenger waste pretreatment fa- Storm sewer or storm drain, 215 - Radio frequency (RF) profession- cility, 215-2 36 al, 280-69 Scenic significance, 64-3 Stormwater, 215-36, 236-5 06-01-2012 SOUTHOLD INDEX Stormwater hotspot, 236-5 Town officer or employee, 26-2 Wetlands and shoreline, 275-2, Stormwater management, 236-5 Town of southold, 75-2 275-5 Stormwater management control Town supervisor, 17-20 Zoning, 280-140 plan, 236-5 Town waters, 96-27, 219-4, 275-2 DESIGN STANDARDS Stormwater management facility, Trail, 240-3 Flood damage prevention, 148- 236-5 Trailer or mobile home, 280-4 14,148-18 Stormwater Management Officer Trained contractor, 236-5 Stormwater management, 236-7, (SMO), 236-5 Transfer of development rights, 236-18 Stormwater management practic- 117-2 Subdivision of land, 240-36 es (SMPs), 236-5 Transfer station, private, 233-1 Zoning, 280-70, 280-72 Stormwater pollution prevention Transfer station, Town, 233-1 DEVELOPMENT RIGHTS, plan (SWPPP), 236-5 Transient retail business, 197-2 TRANSFER OF Stormwater runoff, 236-5 Treasurer (county treasurer), 17- Assessment, 117-7 Story, 2804 20 Building Inspector, 117-7 Story, half, 2804 Tropical hardwood, 275-2 Building permit, 117-8 Street, 237-23, 280-4 Trustees, 275-2 Certificate of occupancy, 117-11 Street, arterial, 240-3 Uniformity ratio ("U Ratio"), Covenants and restrictions, 117-9 Street, collector, 240-3 172-2 Definitions, 117-2 Street line, 2804 Unit, 253-1 Determination of sanitary flow Street, local, 240-3 Unlicensed motor -driven vehicle, credit to be deposited into Street or right-of-way width, 240- 264-3 TDR Bank, 117-5 3 Unregulated activity, 111-6 Development Rights Bank, 117-3 Stripping, 236-5 Unshielded fixture, 172-2 Easement, 117-3, 117-6 Structural alteration, 280-4 Usable open space, 280-4 Expiration, 117-11 Structural components, 275-2 Use, 2804 Hearings, 117-5, 117-7, 117-10, Structural hazard area, 111-6 Use, accessory, 2804 117-12 Structure, 70-3, 111-6, 148-4, Variance, 148-4 Irreversible transfer, 117-6 185-3, 236-5, 275-2, 280-4 Vegetated wetlands, 275-2 Meeting, 117-7 Structure -mounted, 280-69 Vegetation, 111-6 Newspaper, 117-7 Subdivision, 240-3 Vehicles, 174-1, 193-1 Notice, 117-7,117-8,117-10- 17-7,117-8,117-10- Subordinate of a town officer or Subordinate Veteran, 245-15 • 117-12 employee, 26-2 Waler, 275-2 Open space, 117-1 Subsoil drainage, 215-36 Wastewater, 236-5 Permit, 117-7,117-8 Substantial damage, 148-4 Watercourse, 215-36, 236-5 Procedure for transfer of devel- Substantial improvement, 1484 Water -dependent uses, 275-2 opment right from the TDR Subtidal, 275-2 Water quality standard, 236-5 Bank to receiving district, Superintendent, 193-1, 215-36, Waterway, 236-5 117-7 237-5 Wetland boundary or boundaries Purpose and intent, 117-1 Superior officer, A290-46 of wetland, 275-2 Report, 117-7 Supervisory officer, A290-46 Wetlands (freshwater), 275-2 Return of credit, 117-12 Surface waters of the State of Wetlands (tidal), 275-2 Revocation, 117-10 New York, 236-5 Wharf, 275-2 Sales, 117-3, 117-4, 117-9 Suspended solids, 215-36 Width of creek, 275-2 Sanitary flow credit certificate, Swimming pool, 280-4 Wireless carrier, 280-69 117-8 Taking, 219-4 Wireless communication facility, Sanitary flow credit transfer, 117 - Taxpayer, 2194 280-4 4 Telecommunication tower, 280-4 Wireless communications, 280-4 School, 117-7 Temporary anchoring, 96-7 Wireless communications facility, Water, 117-7 Temporary stabilization, 236-5 280-69 DIRECTOR OF CODE EN - Tidal waters, 275-2 Wireless services, 280-69 FORCEMENT Tobacco, 249-2 Yard, 280-4 Powers and duties, 275-15 Tobacco product, 249-2 Yard, front, 280-4 Wetlands and shoreline, 275-15 Tobacco product advertisement, Yard line, 280-4 DIRT 249-2 Yard, rear, 280-4 Highway specifications, 161-9 Toe, 111-6 Yard, side, 280-4 Parks and recreation areas, 193-2 Topsoil, 236-5 Yield, 240-3 Peddlers, solicitors and transient Total maximum daily load Youth, 68-2 retail merchants, 197-10 (TMDL), 236-5 Youth service project, 68-2 Sewers and sewage disposal, 215 - Tourist camp, 253-1, 280-4 Zone, 280-4 21,215-37 Tourist cottage, 280-4 Zoning Board, 280-4 Streets and sidewalks, 237-20 Tower height, 277-1 Zoning Map, 280-4 DISABILITY Town, 17-20, 34-3, 83-18, 130-2, DEMOLITION Police department rules and regu- 174-1, 237-5, 275-2 Fire prevention and building con- lations, A290-3 Town agency, 130-2 struction, 144-5, 144-8 DISABLED BOATS Town board, 237-5, 280-4, A290- Highway specifications, 161-21 Boats, docks and wharves, 96-10 46 Landmark preservation, 170-2 - Harbor management, 157-12 Town garbage bag, 233-1 170-7,170-9,170-10 DISCLOSURE PROVISIONS Townhouse, 2804 Solid waste, 233-1, 233-4 Zoning, 280-174 10 06-01-2012 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 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, 1214 Requirements, 121-3 Statement of domestic partner- ship, 1214 Title, 121-1 DRAINAGE Coastal erosion hazard areas, 1 11- 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, 1664 Sewers and sewage disposal, 215- 28,215-36,215-38, 15- 28,215-36,215-38, 215-39 Soil removal, 228-2,2284,228- 5,228-7 28-2,228-4,228- 5,228-7 Stormwater management, 236-13, 236-18 Subdivision of land, 240-3, 240-4, 240-7,240-9 -240-11,240- 17,240-19 240-11,240- 17,240-19 - 240-21, 240-23, 240-25,240-30, 240-32, 240- 35 - 240-37, 240-41, 24044, 240-51 Tourist and trailer camps, 253-5, 253-22 Wetlands and shoreline, 275-5 - 275-7, 275-11 Zoning, 280-4,280-78, 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 SOUTHOLD INDEX 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, 280-48, 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 Landmark preservation, 170-4 Sewers and sewage disposal, 215- 2, 215-20,21543,215-44 Stormwater management, 236-9 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, 2804, 280-133, 280-175, 280-177, 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 11 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, 1264 Severability, 126-6 When effective, 126-7 ELEVATORS Flood damage prevention, 148-16 Zoning, 280-104 EMERGENCIES Buildings, unsafe; property maintenance, 100-9 Police department rules and regu- lations, A290-11 Solid waste, 233-6 Stormwater management, 236-29, 236-32 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 Coastal erosion hazard areas, I 1I- 17-111-19 Electrical inspections, 126-3 Flood damage prevention, 148-4, 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, 51-4 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 Vehicles and traffic, 260-23 Vehicles, motor -driven, 264-18 Waterfront consistency review, 268-3 Zoning, 280-13,280-137,280- 143 80-13,280-137,280- 143 EMERGENCY VEHICLES Flood damage prevention, 148-22 Highway specifications, 161-20 Vehicles, motor -driven, 264-18 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 06-01-2012 SOUTHOLD INDEX Decision to approve or disap- Retirement, 26-17 Zoning, 280-114, 280-129 prove action, 130-14 Variances, 26-17 EXPENSES OF TOWN OFFIC- Definitions, 130-2 Ethics Board, 26-21- 26-25 ERS Environmental impact statement, Building permits, 26-21 Appeals, 30-1 130-9 - 130-14 Certificates of occupancy, 26- Compensation for expense of at - Exceptions, 130-3 21 tendance at official meetings, Fee, 130-19 Establishment of Ethics Board, 30-1 Filing of copy of determination, 26-21 Meetings, 30-1 130-16 Inspection, 26-25 EXPLOSION HAZARD Filing of written statement by ap- Investigations, 26-21- 26-23, Sewers and sewage disposal, 215- plicant, 130-5 26-25 38 Hearing, 130-10 -130-12 Licenses, 26-21 EXPLOSIVES Inspection, 130-17 Meeting, 26-21 Boats, docks and wharves, 96-16 Maintenance of files open to pub- Permits, 26-21 Junkyards, 166-1 lic inspection, 130-17 Powers of the Ethics Board, Sewers and sewage disposal, 215 - Meetings, 130-7 26-22 38 Newspaper, 130-6, 130-10 Public inspection of Ethics Zoning, 280-58, 280-62, 280-111 Notice of completion of draft en- Board records, 26-25 vironmental impact state- Records, 26-23, 26-25 ment, 130-10 Reports, 26-25 F - -F- Notice Notice of completion of final en- Review of lists and disclosure vironmental impact state- statements, 26-24 FALSE ALARMS ment, 130-13 Penalties, 26-26 - 26-28 Alarm systems, 75-5, 75-6 Notice of receipt of complete ap- Debarment, 26-28 FARMLAND BILL OF RIGHTS plication, 130-6 Liable, 26-26 Zoning, 280-97 - 280-103 Notices, 130-6, 130-10, 130-13, Penalties for offenses, 26-26 FARMS AND FARMING 130-17 Voidable contracts, 26-27 Fire prevention and building con - Permits, 130-5 Rules of Conduct, 26-3 - 26-16 struction, 144-8 Preparation of draft environmen- Appeals, 26-13 Zoning, 280-13, 280-174 tal impact statement, 130-9 Appearances, 26-10 FARM STANDS Preparation of final environmen- Assessment, 26-13 Agricultural uses, 72-5 - 72-8, tal impact statement, 130-12 Avoidance of conflicts, 264 72-11, 72-12 Processing of proposed actions, Confidential information, 26- FECAL MATTER 130-8 11 Animals, 83-6 Processing of proposed actions Conflicts of interest, 26-3 FEES not affecting environment, Exclusion from Code of Eth- Alarm systems, 754 130-11 ics, 26-16 Animals, 83-23 Required findings in written de- General prohibition, 26-5 Coastal erosion hazard areas, 1I (- termination, 130-15 Gifts, 26-8 22 Time limit, 130-14 Goal, 26-3 Domestic partnerships, 121-5 Time limit for written determina- Inducement of others and brib- Environmental quality review, tion by agency, 130-7 ery, 26-15 130-19 Title, 130-1 Political solicitation, 26-12 Fire prevention and building con - Types of actions, 130-4 Record, 26-7 struction, 144-8, 144-11, When effective, 130-20 Recusal, 26-6 144-15, 144-18 EROSION AND SEDIMENTA- Recusal procedure, 26-7 Flood damage prevention, 148-12 TION Representation, 26-9 Junkyards, 166-6 Stormwater management, 236-7, Restriction on elected official Landmark preservation, 170-14 236-18, 236-34 or member of board, 26- Peddlers, solicitors and transient Waterfront consistency review, 13 retail merchants, 197-9 268-2 Revolving door, 26-14 Public entertainment and special Wetlands and shoreline, 275-3 EXCAVATIONS events, 205-1 ETHICS Coastal erosion hazard areas, 111- Records, 59-9 Code of Ethics, 26-1, 26-2 10 Sewers and sewage disposal, 215 - Definitions, 26-2 Fire prevention and building con- 41 Legislative intent, 26-1 struction, 144-8 Shellfish and other marine re - Disclosure Requirements, 26-17 - Highway specifications, 161-2, sources, 219-7 26-20 161-17, 161-18, 161-25, 161- Soil removal, 228-11 Annual disclosure, 26-17 29,161-30, 161-36 Solid waste, 2334, 233-6 Applicant disclosure, 26-20 Sewers and sewage disposal, 215- Streets and sidewalks, 237-10 Designation of officers and 42,215-43 Subdivision of land, 240-8, 240 - employees required to file Soil removal, 228-1, 228-3 -228- 10 annual disclosure state- 7 Tourist and trailer camps, 2534 ments, 26-18 Streets and sidewalks, 2374, Wetlands and shoreline, 275-7 Licenses, 26-17 237-6, 237-9, 237-11 -237- Wind energy, 277-5 Maintenance of disclosure 13,237-16 Zoning, 280-13, 280-74, 280-81, statements, 26-19 Subdivision of land, 240-36 280-137, 280-149 Permits, 26-17 Wetlands and shoreline, 275-11 12 06-01-2012 FENCES Fire prevention and building con- struction, 144-8, 144-10 Highway specifications, 161-16, 161-29, 161-41, 161-42 Junkyards, 166-4, 166-7 Soil removal, 228-4, 228-7 Subdivision of land, 240-36 Tourist and trailer camps, 253-15 Wetlands and shoreline, 275-2, 275-5,275-11 Wind energy, 277A Zoning, 280-4, 280-13,280-41, 28048, 280-78, 280-82, 280- 85, 280-92, 280-94, 280-99, 280-104 - 280-106, 280-114, 280-133,280-134,280-149 FILL Flood damage prevention, 148- 12, 148-15, 148-18 Highway specifications, 161-25 Police department rules and regu- lations, A290-33, A290-36 Soil removal, 228-7 Stormwater management, 236-18 Streets and sidewalks, 237-13 Wetlands and shoreline, 275-6, 275-11 FILMING Applications, 139-3 Building Inspector, 139-8 Certificate of insurance, 139-3, 139-11 Cleanup deposit, 139-5 Compliance with other laws, 139- 10 Exemption, 139-2 Extension of permit period, 139- 13 Fees, 139-6 Inspection, 139-12 Insurance, 139-3, 139-11 Insurance requirements, 139-11 Liability, 139-11 No alterations to Town property, 139-9 No donations accepted, 139-7 Notice, 139-4, 139-8 Parking, 139-3 Parks, 139-8 Penalties for offenses, 139-14 Permit, 139-1-139-5, 139-7 - 139-13 Purpose, 139-1 Safety, 139-1, 139-3 Severability, 139-15 Traffic control fee, 139-4 Trees, 139-9 Vehicles, 139-3 When effective, 139-16 FINAL PLANS Highway specifications, 161-3, 161-4 FINAL PLATS Subdivision of land, 240-3, 240-6 -240-8, 240-13, 240-15, 240-16,240-19 - 240-25, 240-28,240-31, 240-32, 240- SOUTHOLD INDEX 35, 240-36, 240-41, 24042, 240-44, 240-45, 240-51- 240-53 Zoning, 280-4 FINGERPRINTS Peddlers, solicitors and transient retail merchants, 197-6 FIRE ALARM Subdivision of land, 240-17 FIREARMS Parks and recreation areas, 193-6 Police department rules and regu- lations, A290-9, A290-33 FIRE EXTINGUISHER Junkyards, 166-7 Tourist and trailer camps, 253-14 Zoning, 280-48 FIRE HYDRANTS Subdivision of land, 240-10, 240- 17, 240-21, 240-35, 240-36, 240-48 Vehicles and traffic, 260-14, 260- 18,260-27 Zoning, 280-133, 280-137 FIRE LANES Junkyards, 166-7 Vehicles and traffic, 260-14, 260- 27 FIRE PREVENTION AND BUILDING CONSTRUC- TION Abatement of violations, 144-21 Accessory buildings, 144-8, 144- 15 Administration and enforcement officers designated, 144-3 Applications, 144-8, 144-15 Block, 144-8 Building permit, 144-3, 144-17 Building permits, 144-8, 144-I1, 144-12 Burning, 144-8 Certificate of occupancy, 144-15 -144-17 Compliance required, 144-20 Compliance with standards, 144- 19 Conflicts with other regulations, 144-4 Cooperation with other depart- ments, 144-7 Decks, 144-8 Definitions and Abbreviations, 144-3 Demolition, 144-5,144-8 Drainage, 144-10 Excavation, 144-8 Farms and farming, 144-8 Fees, 144-8, 144-11, 144-15, 144- 18 Fences, 144-8, 144-10 Firesafety, 144-6, 144-8 Fuel, 144-8 Garages, 144-8 Grading, 144-10 Heating, 144-8 Hotel, 144-8 Improvement, 144-8 13 Inspections, 144-6, 144-8,144-16 Issuance of certificate of occu- pancy, 144-17 Lots, 144-8 Motel, 144-8 Multifamily dwellings, 144-6 Notices, 144-8 Nuisance, 144-10 Penalties for offenses, 144-12, 144-13,144-20 Performance of work under per- mit, 144-10 Permit, 144-8 Powers and duties of Building In- spector, 144-5 Property maintenance, 144-6 Purpose, 144-2 Records, 144-16,144-17 Right of entry, 144-14 School, 144-8 Signs, 144-8 Single-family dwellings, 144-8 Site plan, 144-8 Smoke detectors, 144-8 Solar energy systems, 144-8 Special exception, 144-8 Sprinklers, 144-8, 144-17 Stop -work orders, 144-13 Storage, 144-8 Stormwater, 144-10 Swimming pools, 144-8 Temporary certificates of occu- pancy, 144-18 Tests, 144-19 Title, 144-1 Vacant lot, 144-8 Water, 144-8, 144-10 Watercourse, 144-10 Yards, 144-8,144-10 FIRE PROTECTION Zoning, 280-174 FIRES Burning, outdoor, 104-1-104-3 FIRESAFETY Fire prevention and building con- , struction, 144-6, 144-8 FIRE ZONES Vehicles and traffic, 260-20, 260- 27 FISHING Parking, 189-3 Vehicles and traffic, 260-9 FLAMMABLES Junkyards, 166-1 Sewers and sewage disposal, 215- 38 Zoning, 280-48 FLOOD DAMAGE PREVEN- TION Anchoring, 148-14,148-16, 148- 21 Appeals, 1484,148-22 Appeals board, 148-22 Applicability, 148-5 Basis for establishing areas of special flood hazard, 148-6 Blocks, 148-21 Building Inspector, 148-11 06-01-2012 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, 1484, 148-6, 148-9, 148-10, 148-13 -148-15, 148-22 Emergency vehicles, 148-22 Fees, 148-12 Fill, 148-12, 148-15, 148-18 Findings, 148-1 Floodplain development permit, 148-12 Floodway, 148-4, 148-14, 148-15, 148-23 Gas, 148-3, 148-15, 148-22 General standards, 148-15 Grade, 148-2, 1484, 148-16 - 148-19,148-21 Heating, 148-16 Height, 148-21 Improvements, 148-4, 148-13 - 148-20, 148-23 Insect, 148-16 Inspections, 148-12, 148-14 Insurance, 148-2, 148-4,148-6, 148-7, 148-12, 148-14, 148- 15, 148-17, 148-18, 148-21,- 148-23 Interpretation, 148-7 Liability, 148-10 Lots, 148-13, 148-23 Manufactured homes, 148-4, 148- 13 -148-15, 148-21 Meeting, 148-4, 148-16, 148-19 Mobile home, 1484 Nonresidential structures (coastal high -hazard areas), 148-20 Nonresidential structures (except coastal high -hazard areas), 148-19 Notices, 148-9, 148-14, 148-23 Nuisances, 148-23 Objectives, 148-3 Obstructions, 148-16, 148-18 Parking, 148-16 Parks, 148-13 -148-15 Penalties for offenses, 148-9 Permit, 148-9, 148-11- 148-14, 148-16 Purpose, 148-2 Records, 148-22 Recreational vehicles, 1484, 148- 13 - 148-15, 148-21 Report, 148-6, 148-22 SOUTHOLD INDEX Residential structures (coastal high -hazard areas), 148-18 Safety, 148-2, 1484, 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, 1484, 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, 2804, 280-129, 280-133 FLOODWAY Flood damage prevention, 148-4, 148-14,148-15,148-23 FUEL Boats, docks and wharves, 96-16 Fire prevention and building con- struction, 144-8 Sewers and sewage disposal, 215- 38 Wetlands and shoreline, 275-5 Zoning, 280-48, 280-52, 280-55, 280-58, 280-62,280-111 FUMES Zoning, 280-13, 280-58,280-62 -G- GARAGES Fire prevention and building con- struction, 144-8 Peddlers, solicitors and transient retail merchants, 197-4 Zoning, 280-4, 280-13, 280-45, 28048,280-58, 280-62, 280- 78,280-104, 280-134,280- 137 GARBAGE, RUBBISH AND RE- FUSE Boats, docks and wharves, 96-8 Buildings, unsafe; property maintenance, 100-4 General provisions, 1-2 Littering, 174-1, 174-2 Parks and recreation areas, 1.93-2, 193-7 Sewers and sewage disposal, 215- 36-215-38 Soil removal, 228-7 Solid waste, 233-1, 233-2, 233-4 Tourist and trailer camps, 253-7, 253-14 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, 1664 Police department rules and regu- lations, A290-15 Sewers and sewage disposal, 215- 38 Subdivision of land, 240-35 Zoning, 280-13, 280-58, 280-62, 280-83, 280-111, 280-129, 280-143 GENERAL 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, 14 Effect on previously adopted legislation, 1-5 Enactments saved from repeal, 1-4 Fine, 1-11 Garbage, 1-2 Grade, 1-4 Improvement, 1-4 Incorporation of provisions in- to Code, 1-12 Junkyards, 1-2 Legislative intent, 1-1 Liability, 14 License, 1-4 Littering, 1-2 Matters not affected, 1-4 Parking, 1-2 Penalties for offenses, 1-4, 1- 11 Repeal of enactments not in- cluded in Code, 1-3 Sale of Code book, 1-10 Severability, 1-6 Supplementation, 1-10 Vehicles, 1-2 When effective, 1-13 Zoning Map, 14 Adoption of Renumbered 2006 Code, 1-14 -1-18 Continuation of provisions, 1- 16 Incorporation of provisions in- to Code, 1-17 Legislative intent, 1-14 06-01-2012 Nonsubstantive changes in previously adopted legis- lation, 1-15 When effective, 1-18 GLARE Lighting, outdoor, 172-5 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, I 1I- 6, 111-10- 111-13 Fire prevention and building con- struction, 144-10 Flood damage prevention, 148-2, 1484, 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, 161-35,161-42,16146 Sewers and sewage disposal, 215- 43 Soil removal, 2284, 228-6, 228-7 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, 24045, 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, 2334 Streets and sidewalks, 237-13 Subdivision of land, 240-10 Wetlands and shoreline, 275-2, 275-11 Zoning, 280-93, 280-95 See also BRUSH, GRASS AND WEEDS GRASS CLIPPINGS Solid waste, 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 GUARANTEES Stormwater management, 236-20 SOUTHOLD INDEX 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 011E HAMLET BUSINESS (IIB) DIS- TRICT Subdivision of land, 240-42 HAMLET DENSITY RESIDEN- TIAL (HD) DISTRICT Subdivision of land, 240-42 Zoning, 280-137 HANDICAPPED FACILITIES 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, 1574, 157-6 Animals, 157-11 Applicability, 157-1 Disabled boats, 157-12 Discharge of refuse, 157-11 Emergency, 157-6 Fine, 157-14 Fishers Island Harbor Com- mittee, 157-3 Hazards to navigation, 157-12 Height, 157-6 Inspections, 157-8 Liable, 157-12 Lien, 157-8, 157-12 Meeting, 157-3 Mooring maintenance, 157-8 Notices, 157-3, 157-9, 157-12, 157-14 Penalties for offenses, 157-14 Permit, 157-6,157-14 Rafting, 157-10 Record, 157-12 Registration, 157-12 Safety, 157-6 Sale, 157-12 Severability, 157-13 Speed and wake regulation, 157-4 Storage, 157-6, 157-12 Traffic control authority, 157- 2 Unnavigable boats, 157-12 Use of private moorings by guests, 157-9 Use of vessel as abode, 157-7 Water, 157-1, 157-5 Waterskiing, 157-5 15 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, A29045 Solid waste, 233-2 HEARINGS Agricultural lands preservation, 704,70-5 Boats, docks and wharves, 96-31, 96-32 Buildings, unsafe; property maintenance, 100-7 Coastal erosion hazard areas, 111- 23, 111-27, 111-35 Community Preservation Fund, 17-7,17-34 Development rights, transfer of, 117-5, 117-7, 117-10, 117-12 Environmental quality review, 130-10-130-12 Housing fund, 34-4, 34-6 Junkyards, 166-6 Landmark preservation, 170-5, 170-7,170-14 Lighting, outdoor, 172-8 Local laws, adoption of, 38-1, 38- 2,384,38-6 8- 2,38-4,38-6 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, 245-13 Tourist and trailer camps, 253-2, 253-4 Wetlands and shoreline, 275-8 Zoning, 280-11, 280-13,280-26, 280-29, 280-92, 280-131, 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 Flood damage prevention, 148-16 Highway specifications, 161-22, 161-23 Sewers and sewage disposal, 215- 38 Zoning, 280-22,280-58, 280-91 HEIGHT REGULATIONS Flood damage prevention, 148-21 Harbor management, 157-6 06-01-2012 SOUTHOLD INDEX Highway specifications, 161-44, Wells, 161-3 Major subdivisions, 161-38 161-46 Roadway Construction, 161-15 - Manholes, 161-35 Lighting, outdoor, 172-5 161-48 Minutes, 161-27 Soil removal, 228-7 Alterations or modifications to Modifications to existing pri- Streets and sidewalks, 237-26 specifications, 161-47 vate roads, 161-25 Subdivision of land, 240-10 As -constructed survey, 161-45 Notification, 161-44 Wetlands and shoreline, 275-11 Asphalt binder course, 161-22 Parking, 161-15 Wind energy, 277-2-277-4 Asphalt pavement cores, 161- Permits, 161-46 Zoning, 2804, 280-13,280-15, 26 Recharge basins, 161-41 280-28, 280-48, 280-70, 280- Asphalt wearing course, 161- Recharge basins Type A and 71, 280-76, 280-76.2, 280- 23 drainage areas, 161-29 78, 280-82, 280-85,280-94, Base course for asphalt pave- Recharge basins Type B and 280-104 - 280-109, 280-117, ment, 161-21 drainage areas, 161-30 280-122, 280-134 Base course for stone blend Recharge Basins Type C, 161 - HIGHWAY SPECIFICATIONS road, 161-19 31 Final Dedication of Roads, 161- Bituminous surface treatment Safety, 161-44, 16146 49 double application, 161- Screen, 161-22- 161-24, 161 - Bond, 161-49 24 29,161-30, 161-42 Inspection, 16149 Bonds, 16146 Seeding, 161-43 Meeting, 161-49 Brush, 161-16, 161-30 Stone blend wearing course, Procedure, 161-49 Catch basins, 161-34 161-20 Report, 161-49 Clearing and grubbing, 161-16 Storage, 161-29, 161-30 Sale, 161-49 Concrete curbs, 161-38 Storm drains, 161-33 General Construction Require- Concrete cylinders, 161-40 Stormwater, 161-27, 161-29, ments, 161-5 -161-14 Concrete footings, slabs and 161-30, 161-32,161-36 Dead-end streets, 161-11 headwalls, 161-37 Stormwater drainage systems, Dirt, 161-9 Concrete sidewalks and 161-32 Drainage, 161-8, 161-9, 161- driveway entrances, 161- Streetlighting specifications, 13 39 16146 Easements, 161-13 Construction specifications, Stripping and stockpiling soil, Improvements, 161-6 161-15 161-17 Lots, 161-11 Curbs, 161-34, 161-38, 161- Tests, 161-26,161-29, 161-30, Progress schedule, 161-5 41, 16145, 16146 161-40, 161-46 Protection of new drainage in- Demolition, 161-21 Trees, 161-16, 161-29, 161-30, stallations, 161-9 Design criteria for leaching 161-42,161-44 Responsibility of developer, basins, 161-28 Trenches, 161-36 161-6 Drainage, 161-18, 161-25, Utility, 161-46 Safety, 161-6, 161-7 161-27- 161-33, 161-36, Vehicles, 161-20 Signs, 161-11, 161-12 161-45 Vibration, 161-21 Speed limit, 161-12 Drainage design criteria, 161- Water, 161-30,161-39,16144 Stormwater, 161-6, 161-8 27 Weeds, 161-42 Street signs, 161-12 Drainage pipe criteria, 161-36 Well, 161-30,16146 Temporary roads, 161-14 Driveways, 161-39, 161-46 Yard, 161-24 Test, 161-6 Dump, 161-19, 161-21 HISTORICAL FEATURES Topsoil removal, 161-10 Dust, 161-23 Zoning, 280-133 Traffic maintenance, 161-7 Easements, 161-18 HISTORIC BUILDINGS AND Trees, 161-11 Embankment, 161-18 DISTRICTS Vehicles, 161-7 Emergency vehicles, 161-20 Zoning, 280-75 Water, 161-11 Excavations, 161-17, 161-18, HISTORIC PRESERVATION Plans and Maps for Subdivisions, 161-25, 161-29, 161-30, Zoning, 280-75, 280-131 161-1-161-4 161-36 HISTORIC PROPERTIES TAX Construction plans, 161-4 Fences, 161-16, 161-29, 161- EXEMPTION Curbs, 1614 41,16142 Taxation, 245-19 Drainage, 161-2-161-4 Fill, 161-25 HOLIDAYS Easements, 161-2-161-4 Grade, 161-18, 161-19,161-21 Lighting, outdoor, 172-6 Excavation, 161-2 -161-24, 161-29, 161-30, HOME OCCUPATIONS Final plans, 161-3, 1614 161-35, 16142, 161-46 Zoning, 280-4, 280-13,280-78 Grade, 161-2,1614 Grass, 161-42 HOSPITALS Lighting, 1614 Heating, 161-22, 161-23 Police department rules and regu- Major subdivision, 1614 Height, 161-44, 161-46 lations, A29044, A29045 Manholes, 161-2 Illumination, 161-46 Zoning, 280-13, 280-17,280-48, Monuments, 161-3 Improvements, 161-25 280-78, 280-79 Preliminary plans, 161-2, 161- Insect, 161-44 HOTELS 3 Inspections, 161-19, 161-21, Fire prevention and building con - Sketch plans, 161-1 161-42, 161-46, 161-48 struction, 144-8 Streetlights, 161-3, 1614 Landscaping, 16142, 16143 Parking, 189-3 Test, 161-2 Lighting, 16146 Trees, 161-3 Lots, 161-15, 161-16 16 06-01-2012 Zoning, 2804,280-35, 28041, 280-44, 280-45, 28048, 280- 55, 280-78, 280-79,280-85 HOUSING FUND Bond, 34-4 Definitions, 34-3 Emergency, 34-2, 34-6 Findings, 34-2 Fund established, 344 Hearing, 34-4, 34-6 Housing Advisory Commission established, 34-6 Improvements, 34-2, 34-5, 34-6 Meetings, 34-6 Open space, 34-6 Parking, 34-6 Purposes of Fund, 34-5 Sale, 34-2, 34-4 - 34-6 Water, 34-6 HUNT Animals, 83-6 Boats, docks and wharves, 96-20 Parks and recreation areas, 193-2, 193-6 -I- ILLEGAL DISCHARGES Stormwater management, 236-25 ILLICIT CONNECTIONS Stormwater management, 236-25 ILLICIT DISCHARGES Stormwater management, 236-29, 236-35 ILLUMINATION, see LIGHTING IMPOUNDMENT Animals, 83-11, 83-12 Vehicles and traffic, 260-24 Vehicles, motor -driven, 264-9 Wetlands and shoreline, 275-6 IMPROVEMENTS Agricultural lands preservation, 70-2 Community Preservation Fund, 17-8 Fire prevention and building con- struction, 144-8 Flood damage prevention, 148-4, 148-13 -148-20, 148-23 General provisions, 1-4 Highway specifications, 161-6, 161-25 Housing fund, 34-2, 34-5,34-6 Lighting, outdoor, 172-4 Records, 59-15 Soil removal, 228-4 Streets and sidewalks, 237-6, 237-16 Subdivision of land, 240-6, 240-9, 240-10, 240-16,240-17, 240- 20,240-30 - 24041, 24045, 240-51, 240-53,240-59 Transportation access manage- ment, 64-5 Vehicles, motor -driven, 264-6 Wetlands and shoreline, 275-3, 275-5 SOUTHOLD INDEX Zoning, 280-25, 280-30, 280-45, 280-88, 280-129, 280-131, 280-133,280-137,280-174 INDUSTRIAL WASTES Sewers and sewage disposal, 215- 28, 215-36 - 215-38 INSECTS Flood damage prevention, 148-16 Highway specifications, 161-44 Peddlers, solicitors and transient retail merchants, 197-10 INSPECTIONS Boats, docks and wharves, 96-24 Buildings, unsafe; property maintenance, 100-5 Coastal erosion hazard areas, I 1I- 29 Community Preservation Fund, 17-37 Electrical inspections, 126-1- 126-3 Environmental quality review, 130-17 Ethics, 26-25 Filming, 139-12 Fire prevention and building con- struction, 144-6, 144-8, 144- 16 Flood damage prevention, 148- 12,148-14 Harbor management, 157-8 Highway specifications, 161-19, 161-21, 161-42,161-46, 161- 48,16149 Junkyards, 166-6 Local laws, adoption of, 38-2 Parking, 189-3, 189-4 Police department rules and regu- lations, A290-7, A290-15, A290-27 Records, 59-2 - 59-5, 59-9, 59-10 Sewers and sewage disposal, 215- 21-215-24, 215-37, 215-38, 215-41,215-43,215-44 Solid waste, 233-4,233-6 Stormwater management, 236-9, 236-20,236-24,236-31,236- 34 Streets and sidewalks, 237-14 Subdivision of land, 240-9,240- 20, 240-32, 240-33,240-36, 240-37 Tourist and trailer camps, 253-13 Vehicles and traffic, 260-27 Waterfront consistency review, 268-3,268-5 Wetlands and shoreline, 275-7, 275-9 - 275-11 Zoning, 280-13, 280-74, 280-101, 280-110,280-137, 280-151, 280-154 INSURANCE Community Preservation Fund, 17-32,17-34 Electrical inspections, 126-2 Filming, 139-3, 139-11 Flood damage prevention, 148-2, 148-4, 148-6, 148-7, 148-12, 17 148-14, 148-15, 148-17,148- 18,148-21, 48-17,148- 18,148-21, 148-23 Sewers and sewage disposal, 215- 42 Soil removal, 228-6 Streets and sidewalks, 237-8, 237-18 Taxation, 245-1 Wetlands and shoreline, 275-9 Zoning, 280-10,280-38,280-52, 280-55 INTOXICATION Police department rules and regu- lations, A290-9 INVESTIGATIONS Alarm systems, 75-1 Ethics, 26-21- 26-23, 26-25 Peddlers, solicitors and transient retail merchants, 197-7 Personnel, 47-3 Police department, 51-6 Police department rules and regu- lations, A290-7, A290-15, A290-17, A290 -19-A290- 21, A290-24, A290-25, A290-31 Records, 59-2 Waterfront consistency review, 268-3 Wetlands and shoreline, 275-8 Zoning, 280-130 -J JUNK DEALER Junkyards, 166-6 JUNKED VEHICLES, see VEHI- CLES, JUNKED JUNKYARDS Batteries, 166-1 Burning, 166-3,166-7 Combustible, 166-1, 166-7 Definitions, 166-2 Display, 166-6 Drainage, 166-4 Dump, 166-3,166-7 Duration, 166-6 Existing businesses, 166-5 Explosive, 166-1 Fee, 166-6 Fence, 166-4,166-7 Fire extinguisher, 166-7 Fire lane, 166-7 Flammable, 166-1 Gas, 166-4 General provisions, 1-2 Grass, 166-7 Graveyards, 166-1 Hearing, 166-6 Inspections, 166-6 Junk dealer, 166-6 Junkyards, 166-1 Legislative intent, 166-1 Liable, 166-8 License, 166-1, 166-3 -166-8 Notice, 166-5 Nuisances, 166-1 06-01-2012 SOUTHOLD INDEX Penalties for offenses, 166-8 LANDSCAPING Vehicles and traffic, 260-9, 260 - Permit, 166-7, 166-8 Buildings, unsafe; property 17 Regulations, 166-7 maintenance, 100-4 Wetlands and shoreline, 275-6 Revocation, 166-6 Highway specifications, 161-42, Zoning, 280-48, 280-133 Sale, 166-3 161-43 LICENSES AND PERMITS Sanitary facilities, 166-7 Sewers and sewage disposal, 215- Shellfish and other marine re - Septic tanks, 166-7 21 sources, 219-6, 219-7 Storage, 166-3 Soil removal, 228-4 Stormwater management, 236-20, Tires, 166-1 Solid waste, 233-4 236-21, 236-27, 236-30 Transferability, 166-6 Subdivision of land, 240-32, 240- LIENS Water, 166-4 36, 240-42, 240-43, 240-49 Boats, docks and wharves, 96-10, Well, 166-7 Waterfront consistency review, 96-25 Zoning; 280-4 268-3 Buildings, unsafe; property Wetlands and shoreline, 275-3, maintenance, 100-10 275-11 Community Preservation Fund, -K- Zoning, 280-4,280-7, 280-41, 17-27, 17-35 280-70, 280-72,280-76.2, Harbor management, 157 -8,157 - KENNELS 280-78, 280-91- 280-95, 12 Zoning, 280-13 280-123, 280-129, 280-131, Littering, 174-5 280-133, 280-134, 280-137 Sewers and sewage disposal, 215 - LEASHING REQUIREMENTS 33, 215-50, 215-51 - L - Animals, 83-6 Subdivision of land, 240-34, 240 - LANDMARK PRESERVATION Parks and recreation areas, 193-9 44 Accessory buildings, 170-7 LIABILITY Wetlands and shoreline, 275-11 Appeals, 170-11 Boats, docks and wharves, 96-10, Zoning, 280-76, 280-88, 280-92 Application for certificate of ap- 96-25 LIGHTING propriateness, 170-7 Buildings, unsafe; property Boats, docks and wharves, 96-14 Building permits, 170-5, 170-6 maintenance, 100-11 Highway specifications, 161-4, Certificate of appropriateness for Community Preservation Fund, 161-46 alteration, demolition or new 17-23, 17-29,17-31, 17-34, Streets and sidewalks, 237-12 construction, 170-6 17-35 Subdivision of land, 24044,240 - Criteria for approval of alteration Ethics, 26-26 46 of facades of historic land- Filming, 139-11 Tourist and trailer camps, 253-3 marks, 170-8 Flood damage prevention, 148-10 Transportation access manage - Criteria for approval of demoli- General provisions, 1-4 ment, 64-5 tion or removal of historic Harbor management, 157-12 Wetlands and shoreline, 275-11 landmarks, 170-9 Junkyards, 166-8 Wind energy, 277-4 Definitions, 170-3 Salvage centers, 211-6 Zoning, 280-4,280-13, 280-70, Demolition, 170-2 -170-7, 170- Sewers and sewage disposal, 215- 280-81, 280-83, 280-87, 280- 9,170-10 38, 21542, 215-44, 215-51 88, 280-111, 280 -117,280 - Designation of historic land- Streets and sidewalks, 237-14 129, 280-133, 280-137 marks, 170-5 Subdivision of land, 240-54 LIGHTING, OUTDOOR Easements, 170-4 Vehicles, motor -driven, 264-20 Appeals, 172-8 Enforcement, 170-12 Wetlands and shoreline, 275-9 Applicability, 172-4 Fees, 170-14 Zoning, 280-88 Conflict with other laws, 172-3 Fine, 170-13 LICENSE Definitions, 172-2 Hardship criteria for approval of Animals, 83-19, 83-20, 83-22, 83- Exemptions, 172-6 demolition, removal or alter- 24 Glare, 172-5 ation of historic landmarks, Bingo and games of chance, 92-2, Hearings, 172-8 170-10 92-3, 92-13, 92-14 Height regulations, 172-5 Hearings, 170-5, 170-7, 170-14 Burning, outdoor, 104-2 Holidays, 172-6 Historic Preservation Commis- Ethics, 26-17, 26-21 Improvements, 172-4 sion, 170-4 General provisions, 1-4 Penalties for offenses, 172-9 Meetings, 1704 Junkyards, 166-1, 166-3 -166-8 Poles, 172-5 Membership, 1704 Parking, 189-3, 189-4 Prohibitions, 172-7 Minutes, 170-4 Peddlers, solicitors and transient Recreational, 172-6 Newspaper, 170-7 retail merchants, 197-3, 197- Review procedures, 172-8 Notices, 170-4, 170-5, 170-7, 4, 197-6 - 197-9, 197-11, Site plans, 172-8 170-14 197-13 Standards for exterior lighting, Penalties for offenses, 170-13 Police department rules and regu- 172-5 Permit, 170-5, 170-6 lations, A290-33 Streetlighting, 172-5 Powers and duties, 170-4 Sewers and sewage disposal, 215- Title, 172-1 Purpose, 170-2 4 - 215-6, 215-31, 215-41, Utilities, 172-5 Record, 170-5, 170-11 215-42 Variances, 172-8 Reports, 170-5 Solid waste, 233-2 - 2334, 233-8 Vehicles and traffic, 172-6 Stop -work order, 170-12 Subdivision of land, 240-21 LIMITED BUSINESS (LB) DIS - Terms, 170-4 Tobacco advertising, 249-2 TRICT Title, 170-1 Tourist and trailer camps, 253-3 Subdivision of land, 240-42 18 06-01-2012 SOUTHOLD INDEX LITTERING - M - Zoning, 280-104 Assessment, 174-5 MOTELS Definitions, 174-1 MAJOR SUBDIVISIONS Fire prevention and building con - Driveway, 174-2 Highway specifications, 161-4, struction, 144-8 Fine, 174-7 161 - 38 Parking, 189-3 Garbage, 174-1, 174-2 MANHOLES Zoning, 280-4,280-35, 280-44, Garbage, rubbish and refuse, 174- Highway specifications, 161-2, 28045, 28048, 280-55,280- 80-55,280- 2 161-35 161-35 78,280-85 General provisions, 1-2 Sewers and sewage disposal, 215- MUFFLERS Handbills, 174-6 38,21540 Boats, docks and wharves, 96-17 Lien, 174-5 Subdivision of land, 240-17 Parks and recreation areas, 193-3 Litter in parks, beaches and bod- MANUFACTURED HOMES MULTIFAMILY DWELLINGS ies of water, 1744 Flood damage prevention, 148-4, Fire prevention and building con - Litter in public places, 174-2 148 -13 - 148-15,148-21 struction, 144-6 Litter on private property, 174-5 MASTER PLAN Sewers and sewage disposal, 215- Newspapers, 174-I, 174-6 Subdivision of land, 240-10, 240- 41 Notice, 174-5 17 Zoning, 280-108 Parks, 174-4 Zoning, 280-4 MUSSELS Penalties for offenses, 174-7 MEETINGS Shellfish and other marine re - Record, 174-5 Boats, docks and wharves, 96-32 sources, 219-12 Sign, 174-6 Committees, appointment of, 13-3 Tires, 174-3 Community Preservation Fund, Transportation access manage- 17-13 -N- ment, 64-5 Development rights, transfer of, Vehicles, 174-1, 174-3, 174-6 117-7 NATURAL FEATURES Water, 1744 Environmental quality review, Community Preservation Fund, LIVESTOCK 130-7 17-19 Subdivision of land, 24044 Ethics, 26-21 Subdivision of land, 240-3, 240 - Zoning, 280-98, 280-99 Expenses of town officers, 30-1 43, 240-53,240-54 LOCAL LAWS, ADOPTION OF Flood damage prevention, 148-4, Zoning, 280-133, 280-143 Filing of proof of publication and 148-16,148-19 NATURAL FEATURES posting, 38-4 Harbor management, 157-3 PRESERVATION Hearings, 38-1, 38-2, 38-4, 38-6 Highway specifications, 161-49 Zoning, 280-129 Inspection, 38-2 Housing fund, 34-6 NEWSPAPER Newspaper, 38-1 Landmark preservation, 1704 Coastal erosion hazard areas, 1 11 - Notice, 38-1, 38-2, 38-4, 38-6 Parks and recreation areas, 193-9 35 Numbering, 38-5 Police department rules and regu- Development rights, transfer of, Posting and availability of copies, lations, A290-7 117-7 38-2 Streets and sidewalks, 237-2 Environmental quality review, Posting of copy upon adoption, Subdivision of land, 240-13, 240- 130-6,130-10 38-3 23, 240-40, 240-43 Landmark preservation, 170-7 Rezonings, 38-6 Wetlands and shoreline, 275-8 Littering, 174-1, 174-6 LOTS Zoning, 280-29, 280-38, 28045, Local laws, adoption of, 38-1 Fire prevention and building con- 280-48, 280-78, 280-131, Peddlers, solicitors and transient struction, 144-8 280-133, 280-137, 280-157, retail merchants, 197-4 Flood damage prevention, 148- 280-173, 280-174 Public hearings, notice of, 55-1 13,148-23 METERS Records, 59-10' Highway specifications, 161-11, Sewers and sewage disposal, 215- Soil removal, 228-12 161-15, 161-16 38 Solid waste, 233-1 Soil removal, 228-7 MINORS Subdivision of land, 240-19, 240 - Subdivision of land, 240-4, 240- Animals, 83-6 25 10, 240-17, 240-21, 240-26, Tobacco advertising, 249-1 Tourist and trailer camps, 253-4 240-27,240-30, 24041 - MINUTES Zoning, 280-26,280-157, 280- 240-45, 24049, 240-51, 240- Committees, appointment of, 13-3 159 53, 240-57,240-59 MOBILE HOME NIGHT FISHING Vehicles and traffic, 260-12, 260- Flood damage prevention, 148-4 Parking, 189-3 27 Zoning, 280-4, 280-78 Vehicles and traffic, 260-9 Zoning, 280-9 - 280-11, 280-13, MODERATE -INCOME FAMILY NOISE 280-15,280-30, 280-31, 280- DWELLING UNITS Boats, docks and wharves, 96-17 41, 280-48, 280-61, 280-70, Subdivision of land, 240-10 Peddlers, solicitors and transient 280-78, 280-79, 280-95, 280- MODERATE -INCOME HOUS- retail merchants, 197-10 106, 280-109,280-113, 280- ING Soil removal, 228-5 116, 280-124, 280-137, 280- Zoning, 280-137 Transportation access manage - 173 MONUMENTS ment, 64-5 Highway specifications, 161-3 Wind energy, 277-2,277-3 Subdivision of land, 240-10,240- Zoning, 280-13, 280-47, 280-48, 17, 240-21, 240-41 280-58, 280-62, 280-91, 280 - Wetlands and shoreline, 275-6 19 06-01-2012 94, 280-99, 280-111, 280- 143 NOISE, PREVENTION OF Definitions, 180-4 Enforcement, 180-8 Exceptions, 180-7 General prohibition, 180-5 Penalties for offenses, 180-9 Purpose, 180-2 Standards, 180-6 Statutory authorization, 180-3 Title, 180-1 NONCONFORMING SIGNS Zoning, 280-90 NONCONFORMING USES Zoning, 280-2,280-4, 280-90, 280-120, 280-121, 280-123, 280-154 NOTICE OF VIOLATIONS Boats, docks and wharves, 96-31, 96-32 Coastal erosion hazard areas, 11 I- 29 Sewers and sewage disposal, 215- 31 Stormwater management, 236-35 NOTICES Animals, 83-24 Boats, docks and wharves, 96-10, 96-13, 96-25, 96-31 - 96-33 Buildings, unsafe; property maintenance, 100-6 - 100-9 Coastal erosion hazard areas, I 1I- 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 Fire prevention and building con- struction, 144-8 Flood damage prevention, 148-9, 148-14,148-23 Harbor management, 157-3, 157- 9, 157-12,157-14 Highway specifications, 161-44 Junkyards, 166-5 Landmark preservation, 170-4, 170-5, 170-7, 170-14 Littering, 174-5 Local laws, adoption of, 38-1, 38- 2,384,38-6 8- 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, 06111.16]_"II►WFUM/ 215-38, 215-41 - 215-43, 215-45 Soil removal, 228-5, 228-9,228- 12 Solid waste, 233-6, 233-8 Stormwater management, 236-12, 236-27, 236-32 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, 245-3, 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 -O- OBSTRUCTIONS Coastal erosion hazard areas, 111- 11,111-13 Flood damage prevention, 148- 16,148-18 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 2- 5-42-8 Referendum to be held, 42-7 20 Supersession of Town Law, 42-6 Term of office, 42-5 When effective, 42-8 Town Clerk, 42-1 - 42-4 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, 280-28,280-45,28048, 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, I 1I- 13 Community Preservation Fund, 174, 17-8, I7-9, 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 - 24045, 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 OPEN SPACE PRESERVATION Acquisition, 1854 Alienation of fee, interest or right, 185-5 Definitions, 185-3 Findings, 185-2 Hearing, 1854, 185-5 Instrument of conveyance, 185-5 Open space, 185-1-185-3, 185-5 Open Space Committee, 185-5 Permits, 185-5 Sale, 1854, 185-5 Severability, 185-6 Title, 185-1 OUTDOOR LIGHTING, see LIGHTING, OUTDOOR OYSTERS Shellfish and other marine re- sources, 219-10 06-01-2012 _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, 1894 Designation of parking areas requiring permits, 189-2 Fishing, 189-3 Hotels, 189-3 Inspection, 189-3, 1894 License, 189-3, 1894 Motels, 189-3 Night fishing parking permit, 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, 1894 Removal of vehicles parked in violation, 189-7 Sign, 189-3,1894 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 Soil removal, 228-7 Subdivision of land, 2404, 240- 44,24045 Transportation access manage- ment, 64-5 Vehicles and traffic, 260-1, 260-8 - 260-12, 260-14 - 260-23, 260-27 Zoning, 2804, 280-13, 280-14, 280-18,280-23,280-27,280- 28, 280-36,280-39, 28042, 28045, 280-46, 28048, 280- 49, 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, 61918W1191"D 00M 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, 174,17-24 Filming, 139-8 Flood damage prevention, 148-13 -148-15 Littering, 1744 Parking, 189-3 Subdivision of land, 2404, 240- 10, 240-42 - 24044, 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 and regulations, 193-11 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 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, 1934 Tree, 193-2 Use of picnic areas, 193-7 Vehicles, 193-1, 193-3, 1934 Water, 1934 Weapons, 193-6 When effective, 193-13 Wildlife, 193-6 21 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, 1974 Fees, 197-9 Fingerprints, 197-6 Garage, 197-4 Hearing, 197-11 Insects, 197-10 Investigation of applicant, 197-7 Legislative intent, 197-1 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, 1974, 197-6 Restrictions, 197-10 Sales, 1974 - 197-6,197-10 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, 83-6, 83-13, 83-25 Bicycles, 88-7 Bingo and games of chance, 92- 11 Boats, docks and wharves, 96-33 Buildings, unsafe; property maintenance, 100-6, 100-7, 100-10,100-11 Burning, outdoor, 104-1, 104-5 Coastal erosion hazard areas, I 1I- 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 06-01-2012 SOUTHOLD INDEX Fire prevention and building con- Boats, docks and wharves, 96-I, Zoning, 280-2, 280-3, 280-8 - struction, 144-12, 144-13, 96-3, 96-15, 96-18, 96-20, 280-10, 280-13, 280-16, 280- 144-20 96-24, 96-25, 96-28, 96-31 - 20, 280-31, 280-45, 280-48, Flood damage prevention, 148-9 96-33 280-58, 280-62, 280-70, 280 - General provisions, 14, 1-11 Burning, outdoor, 104-1, 104-2 76.1, 280-81, 280-85, 280 - Harbor management, 157-14 Coastal erosion hazard areas, 1 11- 89, 280-90, 280-113 - 280 - Highway specifications, 161-19- 8 - 111-15, 111-19, 111-27 - 115,280-121, 280-122, 280- 161-23 111-29, 111-31 124,280-125,280-127,280- 24,280-125,280-127,280- Junkyards, 166-8 Junkyards, Development rights, transfer of, 130,280-131, 280-134, 280 - Landmark preservation, 170-13 117-7, 117-8 140, 280-141, 280 -146,280 - Lighting, outdoor, 172-9 Electrical inspections, 126-3 149, 280-151 -280-154, Littering, 174-7 Environmental quality review, 280-180 Noise, prevention of, 180-9 130-5 PERMITTED USES Parking, 189-8 Ethics, 26-17, 26-21 Zoning, 280-13, 280-17, 280-22, Parks and recreation areas, 193- Filming, 139-1 - 139-5, 139-7 - 280-27, 280-35, 280-38, 280- 12. 139-13 41, 28045, 28048, 280-52, Peddlers, solicitors and transient Fire prevention and building con- 280-55, 280-58, 280-62, 280 - retail merchants, 197-6, 197- struction, 144-8 143, 280-146, 280-175 13 Flood damage prevention, 148-9, PERSONNEL Police department, 51-6 148-11-148-14, 148-16 Grievance Procedures, 47-1 - 47 - Police department rules and regu- Harbor management, 157-6, 157- 4 lations, A290-15, A290-19, 14 Declaration of policy, 47-2 A290-33, A290-36 Highway specifications, 161-46 Definitions, 47-1 Public entertainment and special Junkyards, 166-7, 166-8 Discrimination, 47-2 events, 205-1 Landmark preservation, 170-5, Hearing, 47-4 Salvage centers, 211-6 170-6 Initial presentation, 47-3 Sewers and sewage disposal, 215- Open space preservation, 185-5 Investigation, 47-3 5, 215-7, 215-9,215-32, 215- Parking, 189-2 - 189-5 Review by Town Board, 474 38, 215-45, 215-49 Parks and recreation areas, 193-7, PET WASTE DISPOSAL Shellfish and other marine re- 193-9 Animals, 83-6 sources, 219-6, 219-22 Peddlers, solicitors and transient PLACES OF WORSHIP Soil removal, 228-13 retail merchants, 197-10 Zoning, 280-13, 280-38, 280-78 Solid waste, 233-3.1, 233-7,233- Police department rules and regu- PLANNING BOARD 8 lations, A290-7 Subdivision of land, 240-10 Stormwater management, 236-25, Public entertainment and special Zoning, 280-131, 280-174, 280- 236-29, 236-31, 236-33 - events, 205-1 181 236-35 Records, 59-3, 59-7 PLAYGROUNDS Streets and sidewalks, 237-17, Salvage centers, 211-2, 211-3, Subdivision of land, 240-43, 240- 237-21, 237-29 211-5, 211-6 44,240-52, 240-53 Subdivision of land, 240-44,240- Sewers and sewage disposal, 215- Zoning, 280-13 60 8 - 215-17, 215-21 - 215-23, See also PARKS AND RECRE- Taxation, 245-5 215-25, 215-31, 215-32, 215- ATION AREAS Tobacco advertising, 249-6 37, 215-38, 215-40 - 215-43 PLUMBING Tourist and trailer camps, 253-19 Shellfish and other marine re- Sewers and sewage disposal, 215 - Vehicles and traffic, 260-9,260- sources, 219-16 36,215-43 27 Soil removal, 228-3 - 228-12 Subdivision of land, 240-47 Vehicles, motor -driven, 264-9, Solid waste, 233-2, 233-3.1, 233- Zoning, 28041, 28045, 28048, 264-10, 264-20 4, 233-6, 233-8 280-58, 280-62, 280-78 Waterfront consistency review, Streets and sidewalks, 237-6 - POLES 268-7 237-11, 237-13, 237-15 - Lighting, outdoor, 172-5 Wetlands and shoreline, 275-12.1, 237-18,237-25, 237-26 POLICE DEPARTMENT 275-15,275-16 Subdivision of land, 240-10, 240- Administration, 51-5 Wind energy, 277-7 25, 240-26,240-34,240-36, Board of Police Commissioners, Zoning, 280-13, 280-32.1, 280- 240-39,240-45,240-49, 240- 51-2 33, 280-76, 280-88, 280-130, 51 Charges, 51-6 280-136, 280-155, 280-156 Tobacco advertising, 249-2 Compensation, 51-1 PENSION Tourist and trailer camps, 253-2 - Disciplinary action, 51-6 Waterfront consistency review, 253-4 Emergency, 514 268-3 Vehicles and traffic, 260-9, 260- Equipment, 51-1 PERMIT 17,260-27 Establishment, 51-1 Agricultural lands preservation, Vehicles, motor -driven, 264-7, Fined, 51-6 70-5 264-15, 264-20 Hearing, 51-6 Agricultural uses, 72-5, 72-6, 72- Waterfront consistency review, Investigation, 51-6 12 268-3 Members, 5 1 -1 Alarm systems, 75-3, 754 Wetlands and shoreline, 275-2, Notice, 51-6 Animals, 83-1, 83-3, 834, 83-6, 275-4-275-14, 275-16 Powers and duties, 51-1 83-9 Wind energy, 277-3, 277-6, 277-7 Qualifications of members of Po- lice Department, 51-3 22 06-01-2012 SOUTHOLD INDEX Record, 51-2 Rules of conduct, A290-23 Disability, A290-3 Rules and regulations, 51-5 Scene of investigation, A290- Emergency, A290-3 Special policemen, 51-4 20 Order of rank, A290-4 POLICE DEPARTMENT RULES Use of intoxicating beverages, Powers and duties, A290-1 AND REGULATIONS A290-24 Report, A290-3 Chief of Police, A290-6, A290-7 Disciplinary Action, A290-47 Seniority, A290-5 General duties, A290-6 Types of action, A290-47 Sergeants, A290-10, A290-1 I Inspections, A290-7 General Rules, A290-34 — A290- Emergencies, A290-11 Investigation, A290-7 45 General duties, A290-10 Meeting, A290-7 Communicable/infectious dis- Record, A290-11 Permit, A290-7 eases, A290-45 Reports, A290-11 Records, A290-7 Confidentiality of official Specific duties, A290-11 Reports, A290-7 business, A290-41 Vehicles, A290-11 Specific duties, A290-7 Curb, A290-37, A290-38 Word usage, A29046 Civilian Members, A290-12 — Duty of Department, A290-35 POLLUTION A290-14 Fitness for duty, A290-39 Boats, docks and wharves, 96-26 General duties, A290-12 Grooming, A290-43 Sewers and sewage disposal, 215 - Report, A290-13 Hazardous waste, A29045 38 Safeguarding information, Hospital, A29044, A29045 Soil removal, 228-7 A290-14 Maintenance of order, A290: Stormwater management, 236-24, Specific duties, A290-13 34 236-28 Conduct, A290-15 Minor, A290-36 Waterfront consistency review, Alcoholic beverages, A290-15 Notification, A290-44 268-3 Disorderly conduct, A290-15 Patrol duty, A290-37 Wetlands and shoreline, 275-3 Fine, A290-15 Pro -arrest policy, A290-36 Zoning, 280-48,280-58, 280-62, Gas, A290-15 Records, A290-45 280-77,280-91, 280-111, Gun, A290-15 Report, A290-36 — A290-38, 280-143 Inspection, A290-15 A290-44 PRELIMINARY PLANS Intoxicating, A290-15 Safety, A29045 Highway specifications, 161-2, Investigation, A290-15 Sick time, A290-44 161-3 Penalty, A290-15 Sidearms, A290-42 PRELIMINARY PLATS Record, A290-15 Sign, A290-36 Subdivision of land, 240-3, 240-6 Report, A290-15 Smoke, A290-45 —240-8, 240-10, 240-13, Rules of conduct, A290-15 Streetlights, A290-37, A290- 240-15 — 240-20, 240-22, Tobacco, A290-15 38 240-24, 240-25, 240-53, 240 - Towing, A290-15 Supervisory officers, A290-38 58 Vehicles, A290-15 Testing, A290-45 PRIVATE SEWAGE DISPOSAL Weapon, A290-15 Vehicles, A29045 Sewers and sewage disposal, 215- Construal of Provisions, A290-48 Water, A290-45 37 Conflict with Police Benevo- Well, A29043 PRIVY VAULT lent Association agree- Lieutenant, A290-8, A290-9 Sewers and sewage disposal, 215- ments, A29048 Disorderly conduct, A290-9 37 Definitions, A290-46 Firearms, A290-9 PROHIBITED ACTIVITIES Detectives, A290-16 — A290-32 General duties, A290-8 Animals, 83-6 Additional duties, A290-19 Intoxication, A290-9 PROHIBITED USES Assignment, A290-17 Records, A290-9 Zoning, 280-8, 280-111 Composition, A290-18 Reports, A290-9 PROHIBITIONS Cooperation with other law en- Specific duties, A290-9 Stormwater management, 236-6 forcement agencies, Members of the Department, PROPANE/LIQUID GAS TANKS A290-22 A290-33 Wetlands and shoreline, 275-5 Detectives to be on call, A290- Duties, A290-33 PROPERTY MAINTENANCE 32 Emergency, A290-33 Fire prevention and building con - Documents, A290-28 Fill, A290-33 struction, 144-6 Dress, A290-29 Firearms, A290-33 See also BUILDINGS, UN - Inquiries, A290-25 License, A290-33 SAFE; PROPERTY Inspections, A290-27 Minor, A290-33 MAINTENANCE Intoxicating, A290-24 Notice, A290-33 PUBLIC ENTERTAINMENT Investigations, A290-17, Offenses, A290-33 AND SPECIAL EVENTS A290 -19—A290-21, Record, A290-33 Applications, 205-1 A290-24, A290-25, Report, A290-33 Certain entertainment restricted, A290-31 Retirement, A290-33 205-1 Offenses, A290-19 Safety, A290-33 Fees, 205-1 Procedures, A290-30 Vehicle, A290-33 Notices, 205-1 Qualifications, A290-16 Weapon, A290-33 Parking, 205-1 Records, A290-28 Organization, A290 -1—A290-5 Penalties for offenses, 205-1 Report, A290-31, A290-32 Absence or disability of Chief, Permit, 205-1 Requesting assistance, A290- A290-3 Tents, 205-1 26 Chief of Police, A290-2 23 06-01-2012 PUBLIC HEARINGS, NOTICE OF Assessment, 55-1 Hearings, 55-1 Newspaper, 55-1 Notice, 55-1 Providing notice of public hear- ings, 55-1 Record, 55-1 Setbacks, 55-1 Sign, 55-1 -R- RABIES VACCINATIONS Animals, 83-21 RADIATION Zoning, 280-13 RECORDS Animals, 83-24 Boats, docks and wharves, 96-10, 96-25 Coastal erosion hazard areas, 111- 10, 111-29 Community Preservation Fund, 17-22,17-34, 17-35 Domestic partnerships, 121-4 Ethics, 26-7, 26-23, 26-25 Fire prevention and building con- struction, 144-16, 144-17 Flood damage prevention, 148-22 Harbor management, 157-12 Landmark preservation, 170-5, 170-11 Littering, 174-5 Peddlers, solicitors and transient retail merchants, 197-8 Police department, 51-2 Police department rules and regu- lations, A290-7, A290-9, A290-11, A290-15, A290- 28, A290-33, A290-45 Public Access to Records, 59-1 - 59-10 Appeals, 59-8, 59-10 Definitions, 59-1 Denial of access, 59-8 Designation of records access officer, 59-3 Designation of records loca- tion, 59-4 Duties, 59-3 Exceptions, 59-2 Fees, 59-9 Hours for public inspection, 59-5 Inspection, 59-2 - 59-5, 59-9, 59-10 Investigations, 59-2 Maintenance of list of records by subject matter, 59-7 Newspaper, 59-10 Notice, 59-10 Permit, 59-3, 59-7 Records, 59-2 - 59-10 Safety, 59-2 Public hearings, notice of, 55-1 891111 ru [x1111"io1M:/ Records, 59-2 - 59-17 Records Management, 59-11 - 59-17 Custody and control of rec- ords, 59-16 Definitions, 59-13 Designation of records man- agement officer, 59-12 Disposition of records, 59-17 Improvements, 59-15 Intent, 59-11 Powers and duties of records management officer, 59- 14 Program established, 59-1-2 Records, 59-11- 59-17 Records Advisory Board, 59- 15 Sign, 59-15 Storage, 59-12, 59-14 Sewers and sewage disposal, 215- 35,215-43 Soil removal, 228-6, 228-9,228- 12 Stormwater management, 236-20, 236-31, 236-32 Streets and sidewalks, 237-24 Subdivision of land, 240-10, 240- 17,240-19, 240-21, 240-25, 240-29,240-34, 240-38, 240- 41,24044 Tourist and trailer camps, 253-13 Zoning, 280-7,280-31, 280-52, 280-55,280-92,280-133, 280-151, 280-154 RECREATIONAL VEHICLES Flood damage prevention, 148-4, 148-13 -148-15, 148-21 Tourist and trailer camps, 253-20, 253-21,253-23,253-24 Zoning, 280-4, 280-137 RECYCLABLES Solid waste, 233-1, 233-2, 233- 3.1, 233-4,233-5 RECYCLING Solid waste, 233-7 REGISTRATION Boats, docks and wharves, 96-10, 96-24 Harbor management, 157-12 Parking, 189-3, 1894 Peddlers, solicitors and transient retail merchants, 197-1, 197- 4,197-6 Solid waste, 233-4 Tourist and trailer camps, 253-14 Vehicles and traffic, 260-27 Vehicles, motor -driven, 264-11 RENTAL PROPERTY Zoning, 280-13 REPORTS Buildings, unsafe; property maintenance, 100-5 Coastal erosion hazard areas, I 1I- 27, 111-29, 111-35 Community Preservation Fund, 17-34 24 Development rights, transfer of, 117-7 Electrical inspections, 126-3 Ethics, 26-25 Flood damage prevention, 148-6, 148-22 Highway specifications, 16149 Landmark preservation, 170-5 Police department rules and regu- lations, A290-3, A290-7, A290-9, A290-11, A290-13, A290-15, A290-31- A290- 33, A290-36 - A290-38, A290-44 Sewers and sewage disposal, 215- 5, 215-7, 215-38 Stormwater management, 236-20, 236-23 Subdivision of land, 240-19 Tobacco advertising, 249-1 Tourist and trailer camps, 253-14 Transportation access manage- ment, 64-4 Waterfront consistency review, 268-4 Wetlands and shoreline, 275-7, 275-8 Zoning, 280-29, 280-30, 280-70, 280-74, 280-151, 280-157, 280-174 RESIDENTIAL LOW-DENSITY (R-40) DISTRICT (ONE - ACRE MINIMUM) Subdivision of land, 240-42 RESIDENTIAL LOW-DENSITY (R-80) DISTRICT (TWO - ACRE MINIMUM) Subdivision of land, 240-42 RESIDENTIAL LOW-DENSITY (R-120) DISTRICT (THREE - ACRE MINIMUM) Subdivision of land, 24042 RESIDENTIAL LOW-DENSITY (R-200) DISTRICT (FIVE - ACRE MINIMUM) Subdivision of land, 240-42 RESIDENTIAL LOW-DENSITY (R-400) DISTRICT (TEN - ACRE MINIMUM) Subdivision of land, 240-42 RESIDENTIAL OFFICE (RO) DISTRICT Subdivision of land, 24042 RESORT RESIDENTIAL (RR) DISTRICT Subdivision of land, 240-42 RESTAURANTS Wetlands and shoreline, 275-11 Zoning, 280-4, 280-13, 280-35, 280-38, 28041, 28045,280- 48,280-55, 80-45,280- 48,280-55, 280-78, 280-85 RETIREMENT Ethics, 26-17 Police department rules and regu- lations, A290-33 Taxation, 245-1, 245-2 Waterfront consistency review, 268-3 06-01-2012 RIGHT OF ENTRY Fire prevention and building con- struction, 144-14 Sewers and sewage disposal, 215- 23 Stormwater management, 236-20, 236-31 Zoning, 280-151 ROOFS Zoning, 280-71 _S_ SAFETY Appearance tickets, 5-2 Boats, docks and wharves, 96-14, 96-15, 96-26 Coastal erosion hazard areas, I 1I- 17, 111-18 Filming, 139-1, 139-3 Flood damage prevention, 148-2, 148-4, 148-7, 148-18, 148- 22,148-23 Harbor management, 157-6 Highway specifications, 161-6, 161-7,161-44,161-46 Parks and recreation areas, 193-6, 193-11 Police department rules and regu- lations, A290-33, A290-45 Records, 59-2 Sewers and sewage disposal, 215- 44 Soil removal, 228-1, 228-5, 228-7 Subdivision of land, 240-2, 240-4, 240-10, 240-38, 24043,240- 45, 240-46, 240-56 Transportation access manage- ment, 64-5 Vehicles and traffic, 260-26 Vehicles, motor -driven, 264-2, 264-14,264-15 Wetlands and shoreline, 275-3, 275-11,275-12 Zoning, 280-2, 280-3, 280-13, 280-28,280-67,280-82,280- 88, 280-97,280-99,280-111, 280-125, 280-128,280-129, 280-131, 280-133,280-137, 280-142, 280-143,280-146 SAFETY HAZARDS Buildings, unsafe; property maintenance, 100-9 SAFETY STANDARDS Wind energy, 277-3 SALES Agricultural lands preservation, 70-4,70-5 Boats, docks and wharves, 96-10, 96-25 Community Preservation Fund, 17-9,17-24 Development rights, transfer of, 117-3,117-4,117-9 General provisions, 1-4, 1-10 Harbor management, 157-12 Highway specifications, 161-49 SOUTHOLD INDEX Housing fund, 34-2, 34-4 - 34-6 Junkyards, 166-3 Open space preservation, 185-4, 185-5 Peddlers, solicitors and transient retail merchants, 197-4- 197-6,197-10 Sewers and sewage disposal, 215- 36 Subdivision of land, 240-34 Taxation, 245-1, 245-2 Tobacco advertising, 249-1 Waterfront consistency review, 268-3 Zoning, 2804,280-13, 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, 2114 Applications, 211-3 Definitions, 211-1 Fees, 211-3 Liable, 211-6 Parking, 211-3, 2114 Penalties for offenses, 211-6 Permit, 211-2, 211-3, 211-5, 211- 6 Storage, 211-3 SANITARY FACILITIES Flood damage prevention, 148- 19,148-20 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 Subdivision of land, 2404,240- 53 Taxation, 245-11 Tobacco advertising, 249-1- 249-3 Vehicles, motor -driven, 264-6 Zoning, 2804, 280-13, 280-26, 280 -38,28045,280 -48,280- 52,280-55, 80-38,280-45,280-48,280- 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 01 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 SEARCH WARRANTS Stormwater management, 236-31 SEEING EYE DOGS Animals, 83-10 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, 15-5,215-7,215- 8,215-11, 215-12,215-19, 215-21,215-22,215-27,215- 37, 215-39 Stormwater management, 236-28 Tourist and trailer camps, 253-7 Wetlands and shoreline, 275-3 Zoning, 2804 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- 42,240-43,24045 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, 280-4,280-13, 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 SEWAGE TREATMENT SYS- TEMS, INDIVIDUAL Stormwater management, 236-26 -236-28 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 06-01-2012 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 15- 19-215-21 Cesspools, 215-19, 215-21 Covering, 215-21 Dirt, 215-21 Easement, 215-20 Grass, 215-21 Inspection, 215-21 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 SOUTHOLD INDEX Prohibited wastes enumerated, General discharge prohibi- 215-28 tions, 215-38 Water, 215-28 General waste disposal re - Rates and Fees, 215-16 - 215-18 quirements, 215-37 Construction permits, 215-16 Grade, 215-43 Fees for alteration and con- Guaranty, 215-42 struction permits, 215-16 Heat, 215-38 Fees for operation permit, 215- Industrial wastes, 215-36 - 17 215-38 Permit, 215-16, 215-17 Inspection, 215-37,215-38, Tax rate, 215-18 21541, 215-43, 215-44 Well, 215-18 Insurance, 215-42 Septic Tanks and Cesspools, 215- Liability, 215-38, 215-42,215- 15-42,215- 11-215-15 11-215-15 44 Affected properties, 215-11 License, 21541, 21542 Cesspool, 215-11, 215-12 Licensed drain layers, 215-42 Exceptions, 215-13 Manholes, 215-38, 215-40 No permit required of tenants, Meters, 215-38 215-14 Multifamily dwellings, 215-41 Permit, 215-11- 215-15 Notices, 215-37, 215-38, 215 - Septic tank, 215-11, 215-12 41 - 21543,215-45 Sewer Rents and Charges, 215-48 Nuisance, 215-38 -215-52 Obstruction, 215-38 Actions to collect rents, 215- Odor, 215-38 51 Penalties for offenses, 215-38, Assessments, 215-50, 215-52 21540,215-45 Liable, 215-51 Permit, 215-37,215-38, 215 - Liens, 215-50, 215-51 40-215-43 Penalty, 21549 Persons authorized to work on Penalty for late payment, 215- sewers, 215-42 49 Plumbing, 215-36,21543 Purpose, 21548 Pollution, 215-38 Rents, 215-49 Powers and authority of in - Sewer rent fund, 215-52 spectors, 21544 Sewer Use, 215-35 - 215-47 Private sewage disposal, 215 - Abandoned, 215-37, 215-43 37 Air conditioning, 215-36 Privy, 215-37 Animals, 215-37, 215-38 Privy vault, 215-37 Asbestos, 215-43 Purpose, 215-35 Ashes, 215-38 Record, 215-35, 21543 Barricades, 215-43 Report, 215-38 Bond, 215-42 Safety, 21544 Building permits, 215-41 Sale, 215-36 Building sewer permits, 215- Schools, 21541 41 Screens, 215-38 Cesspools, 215-37, 215-39 Septic tanks, 215-37, 215-39 Churches, 21541 Severability, 21547 Definitions, 215-36 Standards for building sewers, Dirt, 215-37 215-43 Discharges from private sys- Storage, 215-36, 215-38 tems, 215-39 Stormwater, 215-36, 215-38 Disconnection, 21545 Tampering prohibited, 21540 Discretionary monitoring of Tests, 215-38, 215-43, 215-44 effluents, 215-46 Toilet, 215-36 Disorderly conduct, 21540 Toxic substances, 215-38 Drainage, 215-36, 215-38, Tree, 215-43 215-39 Trenches, 215-39, 21543 Easement, 21543,215-44 Utility, 215-42, 215-43 Emergency, 215-38 Water, 215-36 - 215-38, 215 - Excavations, 21542,215-43 43 Explosion hazard, 215-38 Watercourse, 215-36 Explosive, 215-38 Water pollution, 215-38 Fees, 215-41 Well, 21543 Flammable, 215-38 Word usage, 215-36 Fuel, 215-38 Transportation, 215-4 - 215-7 Garbage, 215-36 - 215-38 Assessment, 215-5 Gas, 215-38 Cesspools, 215-4, 215-5, 215- 7 26 06-01-2012 f_ 6111"(9)"D tIMM Fees, 215-6 Public hearings, notice of, 55-1 Zoning, 280-13, 280-48,280-58, License, 215-4 - 215-6 Records, 59-15 280-62,280-99, 280-111, Penalty, 215-5, 215-7 Solid waste, 2334 280-143 Reports, 215-5, 215-7 Streets and sidewalks, 237-13, SMOKE DETECTORS Septic tanks, 215-4, 215-5, 237-26 Fire prevention and building con - 215 -7 Subdivision of land, 240-17, 240- struction, 144-8 Vehicles, 215-5 19, 240-21, 240-32 SMOKING SHELLFISH AND OTHER MA- Tobacco advertising, 249-4 Tobacco advertising, 249-1 RINE RESOURCES Vehicles and traffic, 260-4,260- SNOW AND ICE REMOVAL Angling for fish, 219-2 6,260-8 Streets and sidewalks, 237-20 Aquaculture/mariculture exemp- Wetlands and shoreline, 275-11 SOIL REMOVAL tion, 219-21 Wind energy, 277-4 Assessments, 228-6 Bay Constable, 219-23 Zoning, 280-4,280-13, 280-35, Bond, 228-8, 228-9 Blue claw crabs, 219-11 280-38, 280-41, 280-45, 280- Building Inspector, 228-4 Clams, 219-9 48,280-52,280-55, 280-58, Cash deposit, 228-9 Code Enforcement Officer, 219- 280-62, 280-70, 280-78, 280- Cesspool, 2284 23 80 - 280-90,280-101, 280- Combustible, 228-7 Coordination and enforcement, 131, 280-133,280-134, 280- Comprehensive Plan, 228-6 219-23 137 - Drainage, 228-2, 2284, 228-5, Culling shellfish and restoration SINGLE-FAMILY DWELLINGS 228-7 of underwater lands, 219-14 Fire prevention and building con- Driveway, 228-4 Definitions, 2194 struction, 144-8 Dust, 228-2, 228-5, 228-7 Display, 219-7 Stormwater management, 236-19 Excavations, 228-1, 228-3 - 228 - Dredges and scrapes, 219-19 Wetlands and shoreline, 275-5 7 Eels, 219-13 Zoning, 280-27, 280-28,280-38 Fees, 228-11 Enforcement, 219-14 - 219-23 SITE DESIGN STANDARDS Fences, 2284, 228-7 Expiration, 219-7 Zoning, 280-70 Fill, 228-7 Fees, 219-7 SITE PLAN Garbage, 228-7 Fixed gear, 219-15 Zoning, 280-74 Grade, 228-4, 228-6, 228-7 Licenses and permits, 219-6,219- SITE PLAN APPROVAL Grass, 228-7 7 Agricultural uses, 72-6 Hearings, 228-5, 228-12 Mussels, 219-12 Zoning, 280-71, 280-72 Height, 228-7 Oysters, 219-10 SITE PLAN REVIEW Improvement, 228-4 Penalties for offenses, 219-6, Solid waste, 233-6 Insurance, 228-6 219-22 SITE PLANS Intent of regulations, 228-2 Permit, 219-16 Fire prevention and building con- Landscaping, 2284 Planting of shellfish seed, 219-17 struction, 144-8 Legislative declaration, 228-1 Prohibited activities, 219-14- Lighting, outdoor, 172-8 Lots, 228-7 219-23 Soil removal, 2284 Newspaper, 228-12 Purpose, 219-5 Subdivision of land, 240-42 Noise, 228-5 Residence requirements, 219-1 Tourist and trailer camps, 253-3 Notices, 228-5, 228-9, 228-12 Restricted areas, 219-14 - 219-23 Zoning, 280-4, 280-13,280-17, Nuisance, 228-5 Scallops, 219-8 280-22, 280-29, 280-31, 280- Operations excepted, 228-4 Title, 219-3 35, 280-38, 280-41, 280-45, Parking, 228-7 Transplanting of shellfish, 219-18 280-48,280-52, 280-55, 280- Penalties for offenses, 228-13 Variances, 219-21 58,280-62,280-92, 280-104, Permit, 228-3 - 228-12 Vegetation removal prohibited, 280-119, 280-127, 280-129 - Pollution, 228-7 219-20 280-134, 280-136-280-138, Records, 228-6,228-9, 228-12 SHOPPING CENTERS 280-151, 280-154 Regulations, 228-7 Vehicles and traffic, 260-14 SKETCH PLANS Safety, 228-1, 228-5, 228-7 Zoning, 280-4,280-48, 280-87 Highway specifications, 161-1 Screening, 228-7 SIGNS Subdivision of land, 240-7, 240- Setbacks, 228-5, 228-7 Appearance tickets, 5-2 10, 240-13, 240-16, 240-20 Site plan, 2284 Boats, docks and wharves, 96-23, SKETCH PLAT Storage, 228-7 96-24 Subdivision of land, 240-6 - 240- Stormwater, 228-4 Coastal erosion hazard areas, 1 11- 13, 240-17, 240-20, 240-26 - Stormwater management control 29 240-28 plan, 228-6 Fire prevention and building con- SMALL WIND ENERGY SYS- Vibration, 228-5 struction, 144-8 TEMS Waiver by Town Board, 228-10 Highway specifications, 161-11, Zoning, 280-13 Water, 228-2, 2284, 228-5, 228- 161-12 SMOKE 7 Littering, 174-6 Fire prevention and building con- Well, 228-1 Parking, 189-3, 1894 struction, 144-8 Yards, 228-6, 228-11 Parks and recreation areas, 193-3 Police department rules and regu- SOLAR ENERGY SYSTEMS Peddlers, solicitors and transient lations, A290-45 Fire prevention and building con - retail merchants, 197-12 Tobacco advertising, 249-1 struction, 144-8 Police department rules and regu- lations, A290-36 27 06-01-2012 SOLID WASTE Garbage, Rubbish and Refuse, 233-1,233-2,233-4,233-5, 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-I, 233-4 Disposal and collection of sol- id waste and recyclables, 233-3.1 Dumping, 233-1, 233-2, 233-7 Emergencies, 233-6 Fees, 2334, 233-6 Garbage, 233-1, 233-2, 2334 Grass clippings, 233-4 Hazardous waste, 233-2 Hearing, 233-8 Hearings, 233-6 Inspection, 2334 Inspections, 233-6 Issuance and duration of per- mits and licenses, 233-4 Landscaping, 233-4 License, 233-2 - 233-4, 233-8 Newspaper, 233-1 Notice, 233-8 Notices, 233-6 Penalties for offenses, 233-3.1, 233-7 Permit, 233-2, 233-3.1, 233-4, 233-6,233-8 Recyclables, 233-1, 233-2, 233-3.1,233-4,233-5 Recycling, 233-7 Registration, 233-4 Signs, 2334 Site plan review, 233-6 Solid waste, 233-3.1 Town transfer station, 233-3 Transfer station special permit, 233-6 Trees, 2334 Vehicles, 233-1, 2334, 233-5 Yard, 233-4 SPECIAL EXCEPTIONS Fire prevention and building con- struction, 144-8 Zoning, 2804, 280-13, 280-17, 280-22, 280-35, 280-38, 280- 41,28045,28048,280-52, 80- 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, 280-41, 280-45, 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 SOUTHOLD INDEX 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 STEEP SLOPES 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 Highway specifications, 161-29, 161-30 Junkyards, 166-3 Parking, 189-7 Records, 59-12, 59-14 Salvage centers, 211-3 Sewers and sewage disposal, 215- 36,215-38 Soil removal, 228-7 Subdivision of land, 240-44 Tourist and trailer camps, 253-14 Vehicles and traffic, 260-24 Vehicles, motor -driven, 264-19 Waterfront consistency review, 268-3 Zoning, 280-4, 280-13, 280-38, 280-41, 28048, 280-58, 280- 62, 280-78, 280-79, 280-88, 280-101,280-104,280-110, 280-111, 280-118, 280-119, 280-134,280-137 STORMWATER Fire prevention and building con- struction, 144-10 Highway specifications, 161-6, 161-8, 161-27, 161-29, 161- 30, 161-32, 161-36 Sewers and sewage disposal, 215- 36,215-38 Soil removal, 2284 Subdivision of land, 240-11, 240- 19,240-36, 24044, 240-50, 240-51 Wetlands and shoreline, 275-3, 275-7 Zoning, 280-129, 280-133, 280- 143 STORMWATER CONTROL Stormwater management, 236-15 28 STORMWATER MANAGE- MENT Additional Requirements Activities covered, 236-19 Application process, 236-20 Area, yard and bulk regula- tions, 236-20 Bonds, 236-20 Construction, 236-20 Construction activities, 236-19 Contractor identification and certification, 236-22 Inspection of stormwater facil- ities after project comple- tion, 236-24 Inspections, 236-20 Licenses and permits, 236-20 Maintenance guarantees, 236- 20 Other environmental permits, 236-21 Performance guarantees, 236- 20 Pollution, 236-24 Recordkeeping,236-20 Reports, 236-20, 236-23 Right of entry, 236-20 Single-family dwellings, 236- 19 Stormwater Management Of- ficer, 236-20 Stormwater pollution preven- tion plans, 236-20 SWPPP and other documents retained on site, 236-23 Administration and Enforcement All stormwater discharges, 236-34 Certificates of occupancy, 236-34 Enforcement, 236-33 Erosion and sediment control inspection, 236-34 Illicit discharges, 236-35 Notice of violations, 236-35 Penalties for offenses, 236-33 -236-35 Remedies not exclusive, 236- 36 General Provisions Amendments and modifica- tions to stormwater man- agement control plan, 236-12 Applicability and prohibitions, 236-6 Construction, 236-7, 236-9 Definitions, 236-5 Findings of fact, 236-3 Maintenance easements, 236-9 Maintenance, inspection and repair of stormwater facil- ities, 236-9 Notices, 236-12 Performance and design crite- ria for stormwater man- agement and erosion and sediment control; 236-7 06-01-2012 Powers and duties, 236-8 Purpose, 236-4 Statutory authoriza- tion/conflicts with other laws, 236-2 Stormwater Management Of- ficer and authority, 236-8 Stormwater pollution preven- tion plans, 236-12 Technical standards, 236-7 Title, 236-1 Water quality standards, 236-7 Illicit Discharges Access and monitoring of dis- charges, 236-31 Activities contaminating stormwater prohibited, 236-27 Costs and expenses, 236-31 Discharge and connection pro- hibitions, 236-25 Emergencies, 236-32 Failing individual sewage treatment systems prohib- ited, 236-26 Failure to comply, 236-29 Illegal discharges, 236-25 Illicit connections, 236-25 Individual sewage treatment systems, 236-27,236-28 Industrial or construction ac- tivity discharges, 236-30 Inspections, 236-31 Licenses and permits, 236-27, 236-30 Notices, 236-27 Notification of spills, 236-32 Penalties for offenses, 236-25, 236-29, 236-31 Prevention, control and reduc- tion of stormwater pollu- tants by use of best man- agement practices, 236-28 Records, 236-31, 236-32 Right of entry, 236-31 Search warrants, 236-31 Septic tanks, 236-28 Suspension of access to MS4 in emergency situations or due to illicit discharge, 236-29 Testing, 236-25 Requirements for All Stormwater Discharges Activities requiring storm - water management con- trol approval, 236-15 Application process, 236-17 Compliance, 236-16 Construction activities, 236-18 Drainage, 236-13, 236-18 Erosion and sedimentation, 236-18 Fill, 236-18 Performance standards for ap- proval of stormwater management control plan, 236-18 SOUTHOLD INDEX Requirements for all land - disturbing activities or impervious surfaces, 236- 14 Stormwater management con- trol plan, 236-17 Stormwater Management Of- ficer, 236-16 Watercourses, 236-13 Wetlands, 236-18 Zoning, 280-142 STORMWATER MANAGE- MENT CONTROL PLAN Soil removal, 228-6 Stormwater management, 236-12, 236-17,236-18 Subdivision of land, 240-17 Wetlands and shoreline, 275-6 Zoning, 280-133 STORMWATER MANAGE- MENT OFFICER Stormwater management, 236-8, 236-16, 236-20,236-29 STORMWATER POLLUTION PREVENTION PLANS Stormwater management, 236-12, 236-20,236-23 STREETLIGHTING Highway specifications, 161-3, 161-4,161-46 Lighting, outdoor, 172-5 Police department rules and regu- lations, A290-37, A290-38 Subdivision of land, 240-17, 240- 21,24046 STREET OPENINGS Streets and sidewalks, 237-13 Waterfront consistency review, 268-3 STREETS AND SIDEWALKS Notification of Defects, 237-1 — 237-3 Meeting, 237-2 Obstruction, 237-1 Prior written notice required, 237-1 Statutory provisions supersed- ed, 237-3 Transmission and presentation of notices, 237-2 Snow and Ice Removal, 237-19 — 237-21 Church, 237-20 Dirt, 237-20 General maintenance, 237-20 Intent, 237-19 Obstructions, 237-20 Penalties for offenses, 237-21 Snow and ice removal, 237-20 Vacant lot, 237-20 Weeds, 237-20 Street Excavations, 2374 — 237- 18 Applications, 237-7 Backfilling, 237-13 Barricades, 237-12, 237-13 Bond, 237-9,237-18 Completion of work, 237-14 0 Curbs, 237-16 Definitions, 237-5 Emergencies, 237-13 Fees, 237-10 Fill, 237-13 Fine, 237-17 Grade, 237-6, 237-13 Grass, 237-13 Guarantee, 237-9 Improvements, 237-6, 237-16 Inspection, 237-14 Insurance, 237-8, 237-18 Liable, 237-14 Lighting, 237-12 Notices, 237-11, 237-13 Penalties for offenses, 237-17 Permit, 237-6 — 237-11, 237- 13, 237-15 —237-18 Protective measures, 237-12 Repair, 237-16 Responsibility for damages, 237-16 Revocation, 237-15 Short title, 237-4 Signs, 237-13 Street opening, 237-13 Trenches, 237-13 Utilities, 237-11, 237-16 Waiver of insurance and bond requirements, 237-18 Water, 237-13, 237-16 Street Numbering, 237-22 — 237- 29 Building Inspector, 237-28 Building permit, 237-25,237- 26 Certificate of occupancy, 237- 25 Changes, 237-24 Compliance deadline, 237-27 Definitions, 237-23 Display of numbers, 237-26 Emergency, 237-22 Enforcement, 237-28 Fine, 237-29 Height, 237-26 Legislative intent, 237-22 Numbering system estab- lished, 237-24 Penalties for offenses, 237-29 Permit, 237-25, 237-26 Posting of numbers, 237-25 Records, 237-24 Sign, 237-26 Style and size, 237-26 Tax bill, 237-27 Unnamed roads, 237-24 Vehicles, 237-26 Well, 237-22 Subdivision of land, 240-42 SUBDIVISION OF LAND Additional Requirements, 240-52 —240-58 Appeals, 240-57 Comprehensive Plan, 240-53 Easements, 240-54 Effect on existing plats, 240- 58 06-01-2012 SOUTHOLD INDEX Final plat, 240-52, 240-53 Buffers, 24042, 24043 Streets and sidewalks, 240-42 Hearing, 240-53 Cluster development, 240-43, Utility, 240-42 Improvement, 240-53 240-44 Vehicles, 240-44 Liability, 240-54 Comprehensive Plan, 240-42, Water, 240-42, 240-44 Lots, 240-53, 240-57 240-43 Wells, 240-44 Natural features, 240-53, 240- Determination of location of Wildlife, 240-44 54 open spaces created by Definitions, 240-3 Notice, 240-54 cluster development using Design Standards, 240-45 — 240 - Open space, 240-54 primary and secondary 48 Parks and recreation areas, conservation areas, 240- Plumbing, 240-47 240-52 — 240-54 43 Safety, 240-45, 240-46 Playgrounds, 240-52,240-53 Drainage, 240-44 Setbacks, 24045 Preliminary plat, 240-53, 240- Easements, 240-42, 240-44 Streetlighting, 240-46 58 Emergency, 240-42 Streets, 240-45 Reservation of lands for pedes- Final plat, 240-42,240-44 Wastewater treatment systems, trian trails, 240-54 General Business (B) District, 24047 Reservation of parkland on 240-42 Water, 240-48 subdivision plats contain- Hamlet Business (HB) Dis- Water supply systems, 240-48 ing residential units, 240- trict, 240-42 Well, 240-45 53 Hamlet Density Residential Yard, 24045 Safety, 240-56 (HD) District, 240-42 Enforcement, 240-59-240-61 School, 240-53 Landscaping, 240-42, 240-43 Improvements, 240-59 Standards and procedures for Lien, 240-44 Lots, 240-59 acceptance of streets, 240- Lighting, 240-44 Methods of enforcement, 240- 52 Limited Business (LB) Dis- 61 Time limitations, 240-55 trict, 240-42 Penalties for offenses, 240-60 Variances, 240-57 Livestock, 240-44 Violations, 240-59 Vehicles, 240-54 Lots, 24042 — 24044 Final Plat Review, 240-20 — 240 - Waiver, adjustment of proper- Meeting, 24043 25 ty lines, 240-57 Natural features, 240-43 Action on final plats which are Waivers of certain provisions, Notice, 24044 in substantial agreement 240-56 Odors, 240-44 with approved prelimi- When effective, 240-58 Open space, 240-42 — 240-44 nary plats, 240-24 Bonds and Other Security, 240-31 Parking, 24044 Block, 240-21 —240-34 Parks, 240-42 Bond, 240-20,240-23, 240-25 Default, 240-34 Penalty, 240-44 Buffer, 240-21 Drainage, 240-32 Playgrounds, 240-43, 240-44 Building permits, 240-25 Expiration and terms of bonds, Protection and use of open Certificate of approval, 240-21 240-34 space lands created by Coordination of review of per - Final plat, 240-31, 240-32 cluster development, 240- formance bond estimate, Forms of security, 240-34 44 240-23 Guarantee, 240-31, 240-33, Record, 240-44 Curb, 240-21 240-34 Recreation areas, 240-43, 240- Drainage, 240-20, 240-21, Guaranty, 240-34 44 240-23, 240-25 Improvements, 240-31— 240- Residential Low -Density (R- Easements, 240-21 34 40) District (one -acre Environmental impact state - Inspection, 240-32, 240-33 minimum), 24042 ment, 240-22, 240-25 Landscaping, 240-32 Residential Low -Density (R- Environmental review, 240-22 Liens, 240-34 80) District (two -acre Final plats not in substantial Maintenance bond, 240-33 minimum), 240-42 agreement with approved Notification, 240-32 Residential Low -Density (R- preliminary plats or when Performance bond, 240-32 120) District (three -acre no preliminary plat is re - Permit, 240-34 minimum), 240-42 quired, 240-25 Purpose of performance bond, Residential Low -Density (R- Fire hydrants, 240-21 240-31 200) District (five -acre Grade, 240-21 Record, 240-34 minimum), 24042 Hearings, 240-25 Sale, 240-34 Residential Low -Density (R- Improvements, 240-20 Sign, 240-32 400) District (ten -acre Inspections, 240-20 Cluster Development, 240-42 — minimum), 240-42 License, 240-21 240-44 Residential Office (RO) Dis- Lots, 240-21 Affordable Housing (AHD) trict, 240-42 Meeting, 240-23 District, 24042 Residential site plans, 240-42 Monuments, 240-21 Agricultural -Conservation (A- Resort Residential (RR) Dis- Newspaper, 240-25 C) District (two -acre min- trict, 240-42 Notice, 240-22, 240-25 imum), 240-42 Safety, 240-43 Open space, 240-21 Animals, 240-44 Setbacks, 240-42,240-43 Permits, 240-25 Assessments, 240-44 Storage, 240-44 Preliminary plats, 240-20, Authority and purpose, 24042 Stormwater, 24044 240-22,240-24,240-25 30 06-01-2012 SOUTHOLD INDEX Records, 240-21, 240-25 Notice, 240-29, 240-30 Lots, 24049,240-51 Signs, 240-21 Permits, 240-26 Open space, 240-49 Sketch plan, 240-20 Procedure, 240-29 Permit, 240-49,240-51 Sketch plat, 240-20 Records, 240-29 Screen, 240-49 Streetlights, 240-21 Sketch plat, 240-26 - 240-28 Stormwater, 240-50, 240-51 Submission, 240-20 Submission requirements, 240- Stormwater, drainage and ero- Technical requirements, 240- 28 sion control, 240-51 21 Preliminary Plat Review, 240-15 Trees, 240-49 Test, 240-21 -240-19 Water, 240-51 Trees, 240-21 Action on preliminary plat, Required Public Improvements; Utilities, 240-21 240-19 Inspections; Fees, 240-35 - Water, 240-21 Block, 240-17 240-41 Wells, 240-21 Buffer, 240-17 Abandoned, 240-37 General Application Procedure; Comprehensive Plan, 240-19 Administration fee, 240-37 Submission Requirements; Curbs, 240-17 Backfilling, 240-36 Fees, 240-6 - 240-8 Drainage, 240-17, 240-19 Bond, 240-35,240-37 Assessment, 240-7 Easements, 240-17 Bonding, 240-35 Bond, 240-7 Environmental impact state- Design standards, 240-36 Drainage, 240-7 ment, 240-18, 240-19 Drainage, 240-35 - 240-37, Fees, 240-8 Environmental review, 240-18 240-41 Final plats, 240-8 Final plat, 240-15, 240-16, Excavation, 240-36 General application procedure, 240-19 Fencing, 240-36 240-6 Fire alarm, 240-17 Final plat, 240-35,240-36, Grading, 240-6 Fire hydrants, 240-17 240-41 Improvement, 240-6 Grade, 240-17, 240-19 Fire hydrants, 240-35, 240-36 Preliminary plat, 240-6 -240- Hearings, 240-19 Gas, 240-35 8 Improvements, 240-16,240-17 Grading, 240-41 Sketch plan, 240-7 Lots, 240-17 Guaranties, 240-38 Sketch plat, 240-6 - 240-8 Manholes, 240-17 Improvements, 240-36 Submission requirements, 240- Master Plan, 240-17 Inspections, 240-36, 240-37 7 Monuments, 240-17 Landscaping, 240-36 General Provisions, 240-1, 240-2 Newspaper, 240-19 Lots, 240-41 Open space, 240-2 Notices, 240-18, 240-19 Mapping of completed im- Purpose, 240-2 Official Map, 240-17 provements, 24041 Safety, 240-2 Records, 240-17, 240-19 Meeting, 24040 Statutory authority, 240-1 Reports, 240-19 Modification of design of im- General Requirements; Classifi- Setbacks, 240-19 provements, 24040 cation, 240-4, 240-5 Signs, 240-17, 240-19 Monuments, 240-41 Comprehensive Plan, 240-4 Sketch plan, 240-16 Notice, 240-36 Drainage, 2404 Sketch plat, 240-17 Permit, 240-36,240-39 General requirements, 240-4 Stormwater, 240-19 Records, 240-38, 24041 Grade, 240-4 Stormwater management con- Required improvements and Lots, 240-4 trol plan, 240-17 utilities, 240-35 Official Map, 2404 Streetlighting, 240-17 Safeguards during construc- Off-street parking, 2404 Submission, 240-16 tion, 240-39 Parking, 240-4 Technical requirements, 240- Safety, 240-38 Parks, 240-4 17 Stormwater, 240-36 Recreation areas, 240-4 Test, 240-17 Testing, 240-35, 240-36 Safety, 240-4 Trees, 240-17 Utilities, 240-35, 240-36, 240 - School, 2404 Utilities, 240-17 41 Steep slopes, 2404 Waiver of requirements, 240- Waiver, 240-38 Subdivision classifications, 15 Water, 240-35, 240-36 240-5 Water, 240-17, 240-19 Watercourse, 240-41 Utility, 240-4 Wells, 240-17 Wells, 240-35,240-36 Water, 240-4 Preservation of Natural Features, Sketch Plat Review, 240-9 - 240 - Wells, 240-4 240-49 - 240-51 14 Open Development Area, 240-26 Buffer, 240-49 Action on sketch plat, 240-13 -240-30 Certificate of occupancy, 240- Affordable housing, 240-10 Bond, 240-30 49 Affordable Housing (AHD) Creation of lots, 240-30 Clearing, 240-49 District, 240-10 Drainage, 240-30 Drainage, 240-51 Appeals, 240-10 Easement, 240-26 - 240-28 Easements, 240-51 Block, 240-10 Establishment, 240-26 Final plat, 240-51 Building permits, 240-10 Final plat, 240-28 Floodplains, 240-50 Cluster development, 240-10 General requirements, 240-27 Grade, 240-51 Comprehensive Plan, 240-10, Hearings, 240-29, 240-30 Grading, 240-49,240-51 240-11 Improvements, 240-30 Improvement, 240-51 Construction, 240-10 Lots, 240-26, 240-27,240-30 Landscaping, 240119 31 06-01-2012 061114091AMMW Coordination with other agen- Exemption for Disabled Persons Sewers and sewage disposal, 215 - cies, 240-12 With Limited Income, 245- 38, 215-43, 215-44 Costs and expenses, 240-10 10 Stormwater management, 236-25 Decision, 240-13 Disabilities, 245-10 Subdivision of land, 240-17, 240 - Drainage, 240-9 — 240-11 Exemption granted, 245-10 21,240-35, 240-36 Easements, 240-10 Exemption for Volunteer Fire Wetlands and shoreline, 2754 Emergency, 240-10 Fighters and Ambulance Zoning, 280-48,280-58, 280-62 Expiration, 240-14 Workers, 245-11, 245-12 TIRES Fees, 240-10 Amount, 245-11 Junkyards, 166-1 Final plat, 240-13 Applicability, 245-14 Littering, 174-3 Fire hydrants, 240-10 Assessments, 245-11, 245-12 Zoning, 280-48 Grades, 240-10 Effective date, 245-12 TOBACCO Grass, 240-10 Exemption granted; 245-11 Police department rules and regu- Hearings, 240-10,240-13 Hearings, 245-13 lations, A290-15 Height, 240-10 Killed in the line of duty, 245- Tobacco advertising, 249-1 — Improvements, 240-9, 240-10 13 249-5 Inspection, 240-9 Qualifications, 245-11 TOBACCO ADVERTISING Lots, 240-10 School, 245-11 Definitions and word usage, 249 - Master Plan, 240-10 Unremarried spouses of de- 2 Meeting, 240-13 ceased volunteer fire Exceptions, 249-4 Moderate -income family fighters or ambulance Legislative intent and findings, dwelling units, 240-10 workers, 245-13 249-1 Monuments, 240-10 Historic properties tax exemption, License, 249-2 Notice, 240-13 245-19 Minors, 249-1 Official Map, 240-10 Real property exemption, 245- Parks, 249-1 Open space, 240-10 19 Penalties for offenses, 249-6 Parks, 240-10 Senior Citizen Exemption, 245-1 Permit, 249-2 Permit, 240-10 —245-6 Report, 249-1 Planning Board, 240-10 Applications, 245-3 Restrictions, 249-3 Preliminary plat, 240-10, 240- Assessment, 245-4 Sales, 249-1 13 Assessments, 245-3 Schools, 249-1— 249-3 Record, 240-10 Assessor, 245-3 Severability, 249-7 Recreation area, 240-10 Conditions, 245-2 Sign, 249-4 Review of sketch plat, 240-11 Drug, 245-1 Smoke, 249-1 Safety, 240-10 Fine, 245-5 Smoking, 249-1 Septic systems, 240-10 Hearing, 245-4 Time frame for compliance, 249 - Sketch plans, 240-10, 240-13 Insurance, 245-1 5 Stormwater, 240-11 Notice, 245-4, 245-6 Tobacco, 249-1-249-5 Submission, 240-9 Notices, 245-3 Variance, 249-1 Technical requirements, 240- Offenses, 245-5 Well, 249-1 10 Partial exemption for senior When effective, 249-8 Trees, 240-10 citizens, 245-1 TOILET FACILITIES Utilities, 240-10 Penalties for offenses, 245-5 Parks and recreation areas, 193-4 Waivers, 240-10 Reapplications, 245-4 Sewers and sewage disposal, 215 - Water, 240-9-240-11 Retirement, 245-1, 245-2 36 Wells, 240-9, 240-10 Sale, 245-1, 245-2 TOPSOIL REMOVAL Zoning, 280-137 Veterans' Exemption, 245-8, 245- Highway specifications, 161-10 SWIMMING POOLS 9 TOURIST AND TRAILER Fire prevention and building con- Amount of exemption, 245-9 CAMPS struction, 144-8 Assessments, 245-8, 245-9 General Regulations, 253-1 — Wetlands and shoreline, 275-3, Purpose, 245-8 253-19 275-11 Veterans, 245-8 Application, 253-3 Zoning, 2804,280-13, 280-52, War veterans and gold star par- Brush, 253-5 280-55 ents tax exemption, 245-15, Communicable diseases, 253- 245-16 14 TECHNICAL STANDARDS Definitions, 253-1 —T— Stormwater management, 236-7 Distance between cottages and TENTS other buildings or trailers, TAXATION Public entertainment and special 253-9 Business Investment Exemption, events, 205-1 Distance from property lines 245-7 TESTS and roadways, 253-10 Exemption repealed, 245-7 Fire prevention and building con- Drainage, 253-5 Cold War veterans' tax exemp- struction, 144-5, 144-19 Driveways, 253-3, 253-10, tion, 245-17,245-18 Highway specifications, 161-2, 253-I1 Definitions, 245-17 161-6, 161-26, 161-29, 161- Duties of owner, 253-14 Exemption granted, 245-18 30, 161-40, 161-46 Entrances and exits, 253-15 Police department rules and regu- Fees, 2534 lations, A29045 Fence, 253-15 32 06-01-2012 Fine, 253-19 Fire extinguisher, 253-14 Garbage, 253-7, 253-14 Garbage collection, 253-7 Graded, 253-5 Hearing, 253-2,253-4 Inspection, 253-13 License, 253-3 Lighting, 253-3 Management, 253-12 Minimum unit dimensions, 253-8 Newspaper, 2534 Nonapplicability, 253-18 Notice, 253-4 Other ordinances and regula- tions, 253-17 Penalties for offenses, 253-19 Permit, 253-2 - 253-4 Public hearing, 2534 Records, 253-13 Registration, 253-14 Report, 253-14 Roadways and driveways, 253-11 Screening by plantings, 253-16 Septic tanks, 253-7 Sewer system, 253-7 Site plan, 253-3 Site requirements, 253-5 Storage, 253-14 Trespassing, 253-15 Trespass on adjoining proper- ty, 253-15 Vehicles, 253-14 Water, 253-3, 253-6, 253-14 Water supply, 253-6 Weeds, 253-5 Well, 253-5, 253-11 Recreational Vehicle Parks, 253- 20-253-24 53- 20-253-24 Applicability of other chapter provisions, 253-24 Dates of operation, 253-23 Definitions, 253-20 Drainage, 253-22 Driveways, 253-22 Parks, 253-23 Roadways and driveways, 253-22 Setbacks, 253-21 Site requirements, 253 -2 1 Time limit for accommoda- tion, 253-23 Vehicles, 253-20, 253-21, 253- 23,253-24 Yard, 253-21 TOWERS Wind energy, 277-2 - 277-4, 277 - Zoning, 2804,280-104 TOWING Boats, docks and wharves, 96-12 Police department rules and regu- lations, A290-15 TOWN ATTORNEY Wind energy, 277-7 Zoning, 280-175 TOWN BOARD Wind energy, 277-7 Zoning, 280-173, 280-174, 280- 176, 280-177, 280-180 TOWN CLERK Zoning, 280-174 TOXIC SUBSTANCES Sewers and sewage disposal, 215- 38 TRAILERS Parking, 189-2 Vehicles and traffic, 260-8.1 Zoning, 280-137 TRANSPORTATION ACCESS MANAGEMENT Definitions, 64-3 Duties of Commission, 64-5 Improvements, 64-5 Lighting, 64-5 Litter, 64-5 Noise, 64-5 Parking, 64-5 Purpose, 64-2 Report, 64-4 Safety, 64-5 Speed limits, 64-5 Title, 64-1 Transportation Commission, 64-4 Vehicle, 64-5 Water, 64-5 When effective, 64-6 TREES Filming, 139-9 Highway specifications, 161-3, 161-11, 161-16, 161-29,161- 30, 161-42, 161-44 Parks and recreation areas, 193-2 Sewers and sewage disposal, 215- 43 Solid waste, 2334 Subdivision of land, 240-10, 240- 17,240-21,24049 40- 17,240-21,240-49 Vehicles and traffic, 260-4, 260-6 Wetlands and shoreline, 275-2 Wind energy, 277-3 Zoning, 280-83, 280-92 - 280-95, 280-98, 280-118, 280-129, 280-130, 280-133, 280-136 TRENCHES Highway specifications, 161-36 Sewers and sewage disposal, 215- 39,21543 Streets and sidewalks, 237-13 TRESPASSING Sewers and sewage disposal, 215- 20 Tourist and trailer camps, 253-15 Vehicles, motor -driven, 264-14 TWO-FAMILY DWELLINGS Zoning, 280-13 _U_ UNSAFE BUILDINGS Buildings, unsafe; property maintenance, 100-4, 100-5 33 UTILITIES Flood damage prevention, 148-3, 148-13, 148-15, 148-16,148- 19-148-22 48-16,148- 19-148-22 Highway specifications, 161-46 Lighting, outdoor, 172-5 Sewers and sewage disposal, 215- 42,215-43 Streets and sidewalks, 237-11, 237-16 Subdivision of land, 240-4, 240- 10, 240-17, 240-21, 240-35, 240-36, 240-41, 240-42 Vehicles and traffic, 260-8 Waterfront consistency review, 268-3 Wetlands and shoreline, 275-11 Wind energy, 277-2 - 277-4 Zoning, 280-2, 280-4, 280-13, 280-22, 280-29, 280-58, 280- 62, 280-83, 280-112, 280- 127, 280-129,280-133 S'LE VACANT LOT Fire prevention and building con- struction, 144-8 Streets and sidewalks, 237-20 Zoning, 280-30 VARIANCES Agricultural uses, 72-3, 72-11 Coastal erosion hazard areas, I 1I- 20 - 111-24, 111-27 Ethics, 26-17 Flood damage prevention, 1484, 148-7, 148-9, 148-14, 148- 22,148-23 Lighting, outdoor, 172-8 Shellfish and other marine re- sources, 219-21 Subdivision of land, 240-57 Tobacco advertising, 249-1 Waterfront consistency review, 268-3, 268-5 Zoning, 280-10, 280-28, 280-30, 280-76.3, 280-81, 280-86, 280-92, 280-121, 280-131, 280-137, 280-146,280-149, 280-154 VEHICLES Alcoholic beverages, 79-1 Appearance tickets, 5-2 Bicycles, 88-1 - 88-6 Boats, docks and wharves, 96-9, 96-24 Coastal erosion hazard areas, I 1I- 16 Filming, 139-3 Flood damage prevention, 148-4, 148-13 - 148-16,148-21, 148-22 General provisions, 1-2 Highway specifications, 161-7, 161-20 Littering, 174-1, 174-3, 174-6 Parking, 189-1 -189-4, 189-7 06-01-2012 SOUTHOLD INDEX Parks and recreation areas, 193-1, Night fishing parking permit, Drugs, 264-15 193-3, 193-4 260-9 Emergency vehicles, 264-18 Peddlers, solicitors and transient No stopping zones, 260-19 Enforcement, 264-17 retail merchants, 197-10 Parking, 260-8 - 260-12, 260- Exceptions, 264-18 Police department rules and regu- 14-260-22 Fine, 264-20 lations, A290-11, A290-15, Parking for limited time only, Intent, 264-14 A290-33, A29045 260-11 Liable, 264-20 Sewers and sewage disposal, 215- Parking or standing prohibited Nuisance, 264-14 5 during certain times, 260- Penalties for offenses, 264-20 Solid waste, 233-1, 2334,233-5 15 Permit, 264-15, 264-20 Streets and sidewalks, 237-26 Parking prohibited at all times, Presumptive evidence, 264-16 Subdivision of land, 24044, 240- 260-8 Restitution, 264-20 54 Parking prohibited during cer- Restrictions, 264-15 Tourist and trailer camps, 253-14, tain hours, 260-9 Safety, 264-14, 264-15 253-20, 253-21, 253-23, 253- Parking prohibited during cer- Severability, 264-21 24 tain months, 260-10 Storage, 264-19 Transportation access manage- Penalties for offenses, 260-9 Trespassing, 264-14 ment, 64-5 Permit, 260-9, 260-17 When effective, 264-22 Vehicles and traffic, 260-1- 260- Public parking lots, 260-12 Unlicensed Motor -Driven Vehi- 3, 260-7, 260-8, 260-8.1, Shopping center, 260-14 cles, 264-1 -264-13 260-9-260-27 Signs, 260-8 Conflicts with state law, 264 - Vehicles, motor -driven, 264-1 - Stopping prohibited at all 11 264-7, 264-9, 264-11, 264-14 times, 260-13 Definitions, 264-3 - 264-16, 264-18 - 264-20 Trailer parking prohibited at Exceptions, 264-6 Zoning, 280-2, 2804,280-48, all times, 260-8.1 Impound, 264-9 280-58, 280-77 - 280-79, Utility, 260-8 Impounded, 264-9 280-99,280-110, 280-143 Vehicles, 260-8.1, 260-9 Impoundment, 264-9 VEHICLES AND TRAFFIC, 260- Penalties, 260-27 Improvement, 264-6 14 Bus stop, 260-27 Notice, 264-8 Emergency Removal of Vehicles, Curb, 260-27 Operation on private property 260-23 - 260-25 Driveway, 260-27 restricted, 264-5 Abandoned, 260-23 Fines, 260-27 Operation on Town property Authority to remove vehicles, Fire hydrant, 260-27 prohibited, 264-4 260-23 Fire lanes, 260-27 Parents or guardians to be no - Emergency, 260-23 Fire zone, 260-27 tified of violations, 264-8 Fees, 260-24 Handicapped parking, 260-27 Penalties for offenses, 264-10 Impoundment, 260-24 Inspection, 260-27 Permit, 264-7 Notices, 260-25 Lots, 260-27 Purpose, 264-2 Obstruction, 260-23 Parking, 260-27 Registration, 264-11 Parking, 260-23 Penalties for offenses, 260-27 Responsibility of parents or Seizure, 260-24 Permit, 260-27 guardians, 264-7 Storage, 260-24 Registration, 260-27 Safety, 264-2 General Provisions, 260-1, 260-2 Vehicle, 260-27 School, 264-6 Authority to install traffic con- Wells, 260-27 Severability, 264-12 trol devices, 260-2 Stop and Yield Intersections, 260- Title, 264-1 Definitions of words and 4-260-6 When effective, 264-13 phrases, 260-1 School, 260-6 VETERANS Parking, 260-1 Signs, 260-4, 260-6 Taxation, 245-8 Lighting, outdoor, 172-6 Stop intersections with flash- VETERANS TAX EXEMPTION, One -Way Streets, 260-3 ing signals, 260-5 see WAR VETERANS AND Parking, Standing and Stopping, Stop intersections with stop GOLD STAR PARENTS 260-7 -260-22 signs, 260-4 VIBRATIONS Additional parking regula- Tree, 260-4,260-6 Highway specifications, 161-21 tions, 260-18 Wells, 260-4, 260-6 Soil removal, 228-5 Application, 260-7 Yield intersections, 260-6 Zoning, 280-48, 280-58,280-62, Bus stops, 260-21 Truck Traffic, 260-26 280-99, 280-111, 280-143 Church, 260-17 Restricted truck traffic, 260-26 Driveways, 260-9, 260-15, Safety, 260-26 260-17, 260-18 Zoning, 280-129, 280-137 _W_ W - Fire Fire hydrants, 260-14, 260-18 VEHICLES, JUNKED Fire lanes, 260-14 Buildings, unsafe; property WAIVERS Fire wells, 260-14, 260-16 maintenance, 100-4 Subdivision of land, 240-10 Fire zones, 260-14, 260-20 VEHICLES, MOTOR -DRIVEN Wetlands and shoreline, 275-6 Handicapped parking, 260-17 Motor -Driven Vehicles, 264-14 - Zoning, 280-76.2 License, 260-9, 260-17 264-22 Loading zones, 260-22 Abandoned, 264-19 Lots, 260-12 Confiscation and redemption of vehicles, 264-19 34 06-01-2012 WAR VETERANS AND GOLD STAR PARENTS TAX EX- EMPTION Definitions and Abbreviations, 245-15 Exemption granted, 245-16 Taxation, 245-15, 245-16 WATER Animals, 83-3, 83-4 Boats, docks and wharves, 96-12, 96-16, 96-26 Buildings, unsafe; property maintenance, 100-4 Coastal erosion hazard areas, I 1I- 5 -111-7, 111-10, 111-13, 111-14,111-29 Community Preservation Fund, 17-8 Development rights, transfer of, 117-7 Fire prevention and building con- struction, 144-8, 144-10 Flood damage prevention, 148-2, 148-3, 148-14 -148-16, 148- 18, 148-19,148-22 Harbor management, 157-1, 157- 5 Highway specifications, 161-11, 161-30,161-39,161-44 Housing fund, 34-6 Junkyards, 1664 Littering, 1744 Parking, 189-1 Parks and recreation areas, 1934 Police department rules and regu- lations, A290-45 Sewers and sewage disposal, 215- 3, 215-28,215-36 - 215-38, 215-43 Soil removal, 228-2, 2284, 228- 5,228-7 Streets and sidewalks, 237-13, 237-16 Subdivision of land, 2404, 240-9 - 240-11, 240-17,240-19, 240-21, 240-35, 240-36, 240- 42, 24044,240-48, 240-51 Tourist and trailer camps, 253-3, 253-6,253-14 Transportation access manage- ment, 64-5 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 SOUTHOLDINDEX Sewers and sewage disposal, 215- 36 Stormwater management, 236-13 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 QUALITY STAND- ARDS Stormwater management,. 236-7 WATER SUPPLY Zoning, 280-174 WEAPONS Parks and recreation areas, 193-6 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 Buildings, unsafe; property maintenance, 100-4 Highway specifications, 161-3 Parking, 189-2 35 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, 236-18 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, 275-16 Zoning Inspector, 275-15 General Provisions, 275-1- 275- 3 Accessory structure, 275-2 Assessment, 2754 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 Test, 2754 Title, 275-1 Trees, 275-2 Water, 275-2 - 2754 Weeds, 275-2 Wildlife, 275-3,2754 Word usage, 275-2 Yard, 2754 Permits, 275-5 - 275-12, 275- 12.1, 275-13, 275-14 Accessory structures, 275-5 Administrative permits, 275-5 Application, 275-6 06-01-2012 SOUTHOLD INDEX Assessment, 275-6 Setbacks, 275-5 _Y_ Backfilling, 275-11 Signs, 275-11 Barricades, 275-11 Single-family dwellings, 275-5 YARDS Bay Constable, 275-12.1 Standards for issuance of per- Fire prevention and building con - Bond, 275-9 mit, 275-12 struction, 144-8, 144-10 Buffers, 275-5, 275-7, 275-11 Stop -work orders, 275-12.1 Highway specifications, 161-24 Catwalks, 275-11 Stormwater, 275-7 Soil removal, 228-6, 228-11 Certificate of compliance, 275- Stormwater management con- Solid waste, 233-4 10,275-13 trol plan, 275-6 Subdivision of land, 240-45 Cesspools, 275-5 Swimming pools, 275-11 Tourist and trailer camps, 253-21 Code Enforcement Officer, Transferability, 275-14 Wetlands and shoreline, 275-4, 275-12.1 Utilities, 275-11 275-7 Conditions, inspection fees, Waivers, 275-6 Zoning, 280-4,280-7,280-8, 280 - performance guarantee Water, 275-7,275-11, 275-12 13, 280-15, 280-28, 280-41, upon issuance of permit, Wildlife, 275-7, 275-11, 275- 28043,280-48, 280-50,280- 275-9 12 58,280-60, 280-62,280-64, Construction and operation Yards, 275-7 280-78, 280-79, 280 -86,280 - standards, 275-11 Zoning Inspector, 275-12.1 93, 280-96, 280-104 - 280 - Contents of permit, 275-10 WILDLIFE 106,280-109,280-122, 280 - Costs and expenses, 275-11 Coastal erosion hazard areas, 111- 124,280-143 Demolition, 275-5 6, 111-12 -111-15 YOUTH BOARD Docks, 275-5, 275-11 Community Preservation Fund, Appointments, 68-5 Drainage, 275-5 - 275-7, 275- 174,17-8 Definitions and Abbreviations, 11 Parks and recreation areas, 193-6 68-2 Dredging, 275-11 Subdivision of land, 240-44 Membership, 68-5 Driveways, 275-5 Waterfront consistency review, Powers and duties, 68-5 Easement, 275-11 268-2, 268-3 Removal of members, 68-5 Emergency permits, 275-11 Wetlands and shoreline, 275-3, Salaries and compensation, 68-5 Excavation, 275-11 275-4, 275-7, 275-11, 275-12 Terms of office, 68-5 Failure to comply, 275-11 Zoning, 280-129, 280-133 Youth Bureau, 68-3, 68-4 Fees, 275-7 WIND ENERGY YOUTH BUREAU Fences, 275-5, 275-11 Small Wind Energy Systems, Youth Board, 68-3, 684 Fill, 275-6,275-11 277-1 - 277-7 Youth Bureau Director, 68-4 Fuel, 275-5 Abandonment of use, 277-6 YOUTH BUREAU DIRECTOR Fuel tanks, 275-5 Advertising, 2774 Powers and duties, 68-4 Garbage, 275-11 Anchoring, 277-4 Youth Bureau, 68-4 Grading, 275-7, 275-11 Application, 277-2 Grass, 275-11 Block, 277-2 Guarantee, 275-9, 275-10 Building Inspector, 277-7 - Z - Hearings, 275-8 Building permits, 277-3, 277-6 ZONING Height, 275-11 Code Enforcement Officer, Accessory buildings and struc- Impoundment, 275-6 277-7 tures, 280-15 Improvement, 275-5 Construction standards, 2774 Administration and Enforcement, Inspections, 275-7, 275-9 - Costs and expenses, 277-6 280-151- 280-156 275-11 Definitions, 277-1 Accessory buildings, 280-154 Insurance, 275-9 Development standards, 277-3, Administrative and enforcing Investigation, 275-8 Enforcement, 277-7 officer, 280-151 Landscaping, 275-11 Fees, 277-5 Appeals, 280-154 Liability, 275-9 Fences, 277-4 Building Inspector, 280 -151 - Licenses, 275-6 Height regulations, 277-2 - 280-155 Liens, 275-11 277-4 Building permits, 280 -151 - Lighting, 275-11 Lighting, 277-4 280-153 Meeting, 275-8 Noise, 277-2,277-3 Certificates of occupancy, Monument, 275-6 Notices, 277-3 280-151, 280-154 Notice, 275-8 - 275-10 Penalties for offenses, 277-7 Fine, 280-155 Notices, 275-11 Permit, 277-3, 277-6, 277-7 Inspections, 280-151, 280-154 Pedestrians, 275-11 Remedies for violations, 277-7 Nonconforming use, 280-154 Penalties for offenses, 275- Safety standards, 277-3 Notice, 280-153, 280-155 12.1 Setbacks, 277-3 Penalties for offenses, 280 - Permit procedures, 275-5 Signs, 277-4 155, 280-156 Processing of application, 275- Towers, 277-2 - 2774, 277-7 Permit, 280-151 - 280-154 8 Town Attorney, 277-7 Records, 280-151, 280-154 Propane/liquid gas tanks, 275- Town Board, 277-7 Remedies, 280-156 5 Trees, 277-3 Report, 280-151 Reports, 275-7, 275-8 Utilities, 277-2 - 277-4 Right of entry, 280-151 Restaurants, 275-11 Zoning; 280-13 School, 280-154 Safety, 275-11, 275-12 WINERIES Site plan, 280-151, 280-154 Septic systems, 275-5 Zoning, 280-13 Special exception, 280-154 36 06-01-2012 SOUTHOLD INDEX Stop orders, 280-153 Accessory uses, 280-13 Well, 280-12,280-13 Variance, 280-154 Animals, 280-13 Wind energy systems, 280-13 Affordable Housing (AHD) Dis- Apartments, 280-13 Wineries, 280-13 trict, 280-24 — 280-33 Apartments, accessory, 280-13 Yard, 280-13, 280-15 Accessory uses, 280-27 Appeals, 280-13 Agricultural Planned Develop - Administration, 280-31 Application review, 280-13 ment District, 280-170— Age restrictions, 280-30 Bed -and -breakfast, 280-13 280-181 Apartments, 280-27 Building Inspector, 280-13 Accessory uses, 280-172 Appeals, 280-28,280-31 Bulk, area and parking regula- Application and review proce- Applicability, 280-26 tions, 280-14 dure, 280-174 Application procedure, 280-29 Cemeteries, 280-13 Building permits, 280-180 Building Inspector, 280-31 Certificate of compliance, 280- Classification, 280-172 Building permit, 280-31 13 Clearing house, 280-179 Bulk, area and parking regula- Certificate of occupancy, 280- Conditions, 280-180 tions, 280-28 13 Conditions of approval, 280 - Certificate of occupancy, 280- Communicable diseases, 280- 175 31,280-33 13 Costs and expenses, 280-177 Comprehensive Plan, 280-29 Drug, 280-13 County Clerk, 280-175 Definitions, 280-25 Dust, 280-13 Definitions, 280-171 Fine, 280-33 Emergency, 280-13 Disclosure provisions, 280 - General regulations and re- Farms and farming, 280-13 174 quirements, 280-30 Fees, 280-13 Easements, 280-175,280-177, Hearing, 280-26,280-29 Fence, 280-13 280-179,280-180 Height, 280-28 Fumes, 280-13 Farms and farming, 280-174 Improvements, 280-25, 280-30 Garages, 280-13 Fire protection, 280-174 Lots, 280-30, 280-31 Gas, 280-13 Hearings, 280-174, 280-175, Maintenance and upkeep, 280- Hearings, 280-13 280-177 32.1 Height regulations, 280-15 Improvements, 280-174 Meeting, 280-29 Home occupations, 280-13 Lots, 280-173 Newspapers, 280-26 Hospitals, 280-13 Meetings, 280-173, 280-174 Notice, 280-26,280-29, 280- Inspection, 280-13 Notices, 280-174 30 Kennels, 280-13 Open space, 280-181 Off-street parking, 280-27, Lighting, 280-13 Permit, 280-180 280-28 Lots, 280-13, 280-15 Permitted uses, 280-175 Parking, 280-27,280-28 Noise, 280-13 Planning Board, 280 -174,280 - Penalties for offenses, 280- Odor, 280-13 181 32.1, 280-33 Off-street parking, 280-13 Price for development rights, Permit, 280-31 One -family dwelling, 280-13 280-176 Permitted uses, 280-27 Parking, 280-13, 280-14 Purpose, 280-170 Purpose, 280-24 Penalties for offenses, 280-13 Reports, 280-174 Records, 280-31 Permit, 280-13 Requirements for eligibility, Reports, 280-29, 280-30 Permitted uses, 280-13 280-173 Residency requirements, 280- Places of worship, 280-13 Sales, 280-174 — 280-177, 30 Playgrounds, 280-13 280479 — 280-181 Safety, 280-28 Purpose, 280-12 Subdivision, 280-181 Sales, 280-30, 280-31 Radiation, 280-13 Subsequent development right Schools, 280-26 Registry of permits, 280-13 sales to Town, 280-177 Setbacks, 280-24, 280-28 Rental permits, 280-13 Town Attorney, 280-175 Single-family dwellings, 280- Restaurants, 280-13 Town Board, 280-173,280- 80-173,280- 27,280-28 27,280-28 Safety, 280-13 174, 280-176,280-177, Site plan, 280-29,280-31 Sales, 280-13 280-180 Use regulations, 280-27 Schools, 280-13 Town Clerk, 280-174 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 -174,280 - Water, 280-29 280-13 175 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, R- Storage, 280-13 280-159 200 and R-400 Districts, Swimming pools, 280-13 Assessment, 280-159 280-12 —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 37 06-01-2012 SOUTHOLD INDEX Newspaper, 280-157, 280-159 Zoning Map, 280-6, 280-7 Restaurants, 280-48 Notice, 280-157,280-159 Farmland Bill of Rights, 280-97 — Retail stores, 280-48 Procedures, 280-157 280-103 Sales, 280-48 Report, 280-157 Animals, 280-98, 280-99 School, 280-48 Zoning Map, 280-157 — 280- Appeals, 280-100 Service stations, 28048 159 Definitions, 280-98 Setbacks, 280-50 Board of Appeals, 280-145 — 280- Dust, 280-99 Shopping centers, 28048 150 Enforcement, 280-102 Signs, 280-48 Accessory buildings, 280-149 Fences, 280-99 Site plan, 280-48 Accessory structures, 280-149 Grading, 280-99 Smoke, 280-48 Additional conditions and Holidays, 280-99 Special exception, 280-48 safeguards, 280-147 Inspection, 280-101 Special exception use, 28048 Appeals, 280-145 — 280-150 Livestock, 280-98,280-99 Storage, 280-48 Appointment, 280-145 Noise, 280-99 Testing, 280-48 Building Inspector, 280-146 Notices, 280-97, 280-100, Tires, 280-48 Fees, 280-149 280-101 Use regulations, 28048 Fences, 280-149 Nuisance, 280-97, 280-99 Vehicle, 280-48 Hearings, 280-146, 280-150 Odor, 280-99 Vehicles, 28048 Membership, 280-145 Right to farm, 280-97 Vibration, 280-48 Notice, 280-146, 280-150 Right to notice by brokers and Yards, 280-48, 280-50 Permits, 280-146, 280-149 agents, 280-101 General Provisions, 280-1— 280 - Permitted use, 280-146 Right to notice provided by 4 Powers and duties, 280-146 Town agencies, 280-100 Accessory building, 280-4 Rules of conduct and proce- Right to undertake protected Accessory use, 280-4 dure, 280-148 farm practices, 280-99 Apartment, 280-4 Safety, 280-146 Safety, 280-97, 280-99 Appeals, 280-4 Special exceptions, 280-146, Sale, 280-98 Block, 280-4 280-149 Severability, 280-103 Certificate of compliance, 280 - Variances, 280-146, 280-149 Sign, 280-101 4 Zoning Map, 280-146 Smoke, 280-99 Certificate of occupancy, 280 - Density, Minimum Lot Size and Storage, 280-101 4 Bulk Schedules, 280-65, Trees, 280-98 Curb, 280-4 280-66 Vehicles, 280-99 Definitions, 280-4 Conformance required, 280-66 Vibration, 280-99 Drainage, 280-4 Incorporation of new sched- Water, 280-99 Easements, 280-3, 280-4 ules, 280-65 General Business (B) District, Fence, 280-4 Parking, 280-65 280-47 — 280-50 Final plat, 280-4 Repeal of existing schedule, Accessory uses, 28048 Flood hazard area, 2804 280-65 Apartments, 280-48 Garage, 280-4 Districts, 280-5 — 280-11 Appeals, 28048 Grade, 280-4 Appeals, 280-9 Bulk, area and parking re- Guaranty, 280-4 Building Inspector, 280-6, quirements, 28049 Height, 280-4 280-8 Church, 280-48 Home occupation, 2804 Building permits, 280-8 — 280- Convenience stores, 28048 Hotel, 2804 10 Driveways, 28048 Interpretation and conflicts, Certificate of occupancy, 280- Dust, 28048 280-3 10 Fence, 28048 Junkyard, 2804 District boundaries, 280-7 Fire extinguisher, 280-48 Landscaping, 280-4 District designations, 280-5 Flammable, 28048 Lighting, 2804 Effect of establishment of dis- Front yard setbacks, 280-50 Master Plan, 2804 tricts, 280-8 Fuel, 28048 Mobile home, 2804 Hearing, 280-11 Garages, 280-48 Motel, 280-4 Insurance, 280-10 Height, 280-48 Nonconforming uses, 280-2, Landscaping, 280-7 Hospital, 28048 280-4 Lot recognition, 280-9 Hotel, 280-48 Official Map, 280-4 Lots, 280-9 — 280-11 License, 28048 Off-street parking, 280-4 Merger, 280-10 Lots, 28048 Open space, 2804 One -family dwelling, 280-10 Meeting, 28048 Parking, 2804 Open space, 280-8 Motel, 28048 Permits, 280-2,280-3 Parks, 280-7 Noise, 280-47, 280-48 Purposes, 280-2 Permit, 280-8 — 280-10 Odor, 280-48 Recreational vehicle, 280-4 Prohibited uses, 280-8 Off-street parking, 280-48 Restaurant, 2804 Record, 280-7 Parking, 280-48, 28049 Safety, 280-2,280-3 Screening, 280-7 Permit, 280-48 Sales, 2804 Variance, 280-10 Permitted uses, 28048 School, 280-4 Waiver of merger, 280-11 Plumbing, 280-48 Screening, 2804 Water, 280-7,280-8 Pollution, 28048 Septic tank, 2804 Yards, 280-7, 280-8 Purpose, 280-47 Service station, 280-4 38 06-01-2012 SOUTHOLD INDEX Setbacks, 280-4 Buffer, 280-92, 280-94 — 280- Testing, 280-62 Shopping center, 280-4 96 Use regulations, 280-62 Signs, 280-4 Building Inspector, 280-92 Utility, 280-62 Site plans, 280-4 Curbs, 280-92 Vibrations, 280-62 Special exception use, 2804 Drainage, 280-91 Yards, 280-62,280-64 Storage, 2804 Driveway, 280-93 Light Industrial Park/Planned Of - Swimming pools, 2804 Driveways, 280-92 fice Park (LIO) District, 280 - Title, 280-1 Dust, 280-91 57-280-60 Tower, 280-4 Fences, 280-92, 280-94 Accessory uses, 280-58 Utilities, 280-2,2804 Front landscaped area, 280-93 Animals, 280-58 Vehicles, 280-2, 280-4 General requirements, 280-92 Appeals, 280-58 Water, 280-2, 280-4 Glare, 280-91, 280-94 Bulk, area and parking regula- Yard, 2804 Grass, 280-93, 280-95 tions, 280-59 Zoning Map, 2804 Hearing, 280-92 Dust, 280-58 Hamlet Business (HB) District, Heat, 280-91 Explosives, 280-58 28044 — 280-46 Height, 280-94 Fuel, 280-58 Accessory uses, 280-45 Landscaped parking area, 280- Fumes, 280-58 Apartments, 280-45 95 Garages, 280-58 Appeals, 280-45 Lien, 280-92 Gas, 280-58 Assessment, 28045 Lots, 280-95 Heating, 280-58 Bulk, area and parking regula- Noise, 280-91, 280-94 Noise, 280-58 tions, 28046 Notice, 280-92 Nuisance, 280-58 Convenience stores, 280-45 Off-street parking, 280-95 Odors, 280-58 Garages, 280-45 Parking, 280-92,280-95 Off-street parking, 280-58 Grocery stores, 28045 Pollution, 280-91 Parking, 280-58,280-59 Hotel, 280-44, 280-45 Properties located adjacent to Permit, 280-58 Improvement, 28045 creeks, 280-96 Permitted uses, 280-58 Meeting, 280-45 Purpose, 280-91 Plumbing, 280-58 Motel, 28044, 28045 Record, 280-92 Pollution, 280-58 Off-street parking, 280-45 Screen, 280-91— 280-94 Purpose, 280-57 Parking, 280-45, 280-46 Site plan, 280-92 Sales, 280-58 Permit, 28045 Transition buffer area, 280-94 Schools, 280-58 Permitted uses, 280-45 Trees, 280-92 — 280-95 Setbacks, 280-60 Plumbing, 280-45 Variance, 280-92 Signs, 280-58 Purpose, 28044 Water, 280-91, 280-96 Site plan, 280-58 Restaurants, 280-45 Yards, 280-93, 280-96 Smoke, 280-58 Retail stores, 280-45 Light Industrial (LI) District, 280- Special exception use, 280-58 Sale, 28045 61-280-64 Storage, 280-58 School, 280-45 Accessory uses, 280-62 Testing, 280-58 Signs, 28045 Animals, 280-62 Transfer stations, 280-58 Site plan, 28045 Appeals, 280-62 Use regulations, 280-58 Special exception use, 28045 Bulk, area and parking regula- Utility, 280-58 Use regulations, 280-45 tions, 280-63 Vehicles, 280-58 Hamlet Density (HD) Residential Dust, 280-62 Vibrations, 280-58 District, 280-20 — 280-23 Explosives, 280-62 Yards, 280-58, 280-60 Accessory buildings, 280-22 Front yard setbacks, 280-64 Limited Business (LB) District, Accessory uses, 280-22 Fuel, 280-62 28040 — 280-43 Apartments, 280-22 Fumes, 280-62 Accessory uses, 28041 Appeals, 280-22 Garages, 280-62 Appeals, 280-41 Applicability, 280-21 Gas, 280-62 Bulk, area and parking regula- Bulk, area and parking regula- Lots, 280-61 tions, 28042 tions, 280-23 Noise, 280-62 Fencing, 28041 Heat, 280-22 Nuisance, 280-62 Hotels, 28041 Parking, 280-23 Odors, 280-62 Landscaping, 28041 Permit, 280-20 Parking, 280-62,280-63 Lots, 280-41 Permitted uses, 280-22 Permit, 280-62 Parking, 28042 Purpose, 280-20 Permitted uses, 280-62 Permitted uses, 280-41 Site plan, 280-22 Plumbing, 280-62 Plumbing, 28041 Special exception, 280-22 Pollution, 280-62 Purpose, 280-40 Use regulations, 280-22 Purpose, 280-61 Restaurants, 28041 Utilities, 280-22 Sales, 280-62 Sales, 28041 Water, 280-22 School, 280-62 Setbacks, 280-43 Zoning Map, 280-21 Setbacks, 280-64 Signs, 28041 Landscaping, Screening and Signs, 280-62 Site plan, 280-41 Buffer Regulations, 280-91 — Site plan, 280-62 Special exception use, 280-41 280-96 Smoke, 280-62 Storage, 280-41 Appeals, 280-92 Special exception use, 280-62 Use regulations, 28041 Assessment, 280-92 Storage, 280-62 Yards, 280-41, 28043 39 06-01-2012 SOUTHOLDINDEX Low -Density Residential R-40 Building permit, 280-121, Bulk, area and parking regula- District, 280-16 — 280-19 280-124, 280-125 tions, 280-39 Accessory buildings, 280-19 Height, 280-122 Churches, 280-38 Accessory uses, 280-17 Involuntary moves, 280-126 Insurance, 280-38 Animal, 280-17 Landscaping, 280-123 Meeting, 280-38 Appeals, 280-17 Lots, 280-124 Parking, 280-39 Bulk, area and parking regula- Nonconforming buildings with Permitted uses, 280-38 tions, 280-18 conforming uses, 280-122 Places of worship, 280-38 Hospital, 280-17 Nonconforming buildings with Purpose, 280-37 Open space, 280-16 nonconforming uses, 280- Restaurants, 280-38 Parking, 280-18 123 Sales, 280-38 Permit, 280-16 Nonconforming lots, 280-124 School, 280-38 Permitted uses, 280-17 Permit, 280-121, 280-122, Signs, 280-38 Purpose, 280-16 280-124, 280-125 Single-family dwellings, 280 - Site plan, 280-17 Purpose, 280-120 38 Special exception, 280-17 Repairs and maintenance, 280- Site plan, 280-38 Use regulations, 280-17 125 Special exception uses, 280-38 Water, 280-16 Safety, 280-125 Storage, 280-38 Marine II (MII) District, 280-54 — Setbacks, 280-123 Use regulations, 280-38 280-56 Variance, 280-121 Resort Residential (RR) District, Accessory uses, 280-55 Yard, 280-122, 280-124 280-34 — 280-36 Appeals, 280-55 Parking and Loading Areas, 280- Accessory uses, 280-35 Bed -and -breakfast, 280-55 77-280-79 Appeals, 280-35 Bulk, area and parking regula- Accessory use, 280-78 Bulk, area and parking regula- tions, 280-56 Air pollution, 280-77 tions, 280-36 Curb, 280-55 Animal, 280-78 Hotels, 280-35 Fuel, 280-55 Apartment, 280-78 Motels, 280-35 Hotels, 280-55 Appeals, 280-78, 280-79 Parking, 280-36 Insurance, 280-55 Commercial vehicles, 280-78 Permitted uses, 280-35 Motels, 280-55 Curbs, 280-78 Purpose, 280-34 Parking, 280-56 Drainage, 280-78 Restaurants, 280-35 Permitted uses, 280-55 Driveways, 280-78 Signs, 280-35 Purpose, 280-54 Fence, 280-78 Site plan, 280-35 Record, 280-55 Garages, 280-78 Special exception use, 280-35 Restaurants, 280-55 Grade, 280-78 Use regulations, 280-35 Sales, 280-55 Height, 280-78 Water, 280-34, 280-35 School, 280-55 Home occupation, 280-78 Severability, 280-160 Signs, 280-55 Hospital, 280-78, 280-79 Signs, 280-80-280-90 Site plan, 280-55 Hotels, 280-78,280-79 Abandoned, 280-88 Special exception, 280-55 Landscaping, 280-78 Advertising, 280-80, 280-81, Swimming pools, 280-55 Lots, 280-78, 280-79 280-85 Use regulations, 280-55 Meeting, 280-78 Animal, 280-85 Water, 280-54,280-55 Mobile home, 280-78 Appeals, 280-81, 280-86 Marine I (MI) District, 280-51 — Motel, 280-78 Applicability, 280-81 280-53 Off-street loading areas, 280- Application, 280-81 Accessory uses, 280-52 79 Approval, 280-81 Appeals, 280-52 Off-street parking areas, 280- Assessment, 280-88 Bed -and -breakfast, 280-52 78 Building Inspector, 280-81, Bulk, area and parking regula- Parking, 280-77 — 280-79 280-85, 280-88 tions, 280-53 Place of worship, 280-78 Certificate of occupancy, 280 - Fuel, 280-52 Plumbing, 280-78 85 Insurance, 280-52 Pollution, 280-77 Driveway, 280-85 Parking, 280-53 Purpose, 280-77 Fees, 280-81 Permitted uses, 280-52 Restaurant, 280-78 Fences, 280-82,280-85 Purpose, 280-51 Sales, 280-78, 280-79 Gas, 280-83 Record, 280-52 School, 280-78,280-79 General design principles, Sales, 280-52 Screening, 280-78 280-82 School, 280-52 Service station, 280-78 Grade, 280-85 Signs, 280-52 Signs, 280-78 Height, 280-82, 280-85 Site plan, 280-52 Special exception uses, 280-78 Hotel, 280-85 Special exception, 280-52 Storage, 280-78, 280-79 Improvement, 280-88 Swimming pools, 280-52 Vehicles, 280-77 — 280-79 Liable, 280-88 Use regulations, 280-52 Yards, 280-78,280-79 Lien, 280-88 Water, 280-51 Residential Office (RO) District, Lighting, 280-81, 280-83, 280 - Nonconforming Uses and Build- 280-37-280-39 87,280-88 ings, 280-120 — 280-126 Accessory uses, 280-38 Limitation of content or copy, Appeals, 280-121 Apartments, 280-38 280-84 Appeals, 280-38 Motel, 280-85 40 06-01-2012 SOUTHOLD INDEX Nonconforming signs, 280-90 Emergency, 280-137 Safety, 280-128, 280-129, Nonconforming use, 280-90 Excavation, 280-129 280-131, 280-133, 280 - Notice, 280-88 Failure to comply, 280-130 137 Obstructions, 280-80 Fees, 280-137 Screening, 280-129 Parking, 280-85 Fee schedule for site plan ap- Setbacks, 280-133, 280-134, Penalty, 280-88 plications, 280-138 280-137 Permit, 280-81, 280-85, 280- Fences, 280-133, 280-134 Signs, 280-131, 280-133, 280- 89,280-90 Findings of fact, 280-128 134,280-137 Prohibitions and general re- Fire hydrants, 280-133, 280- Site plans, 280-130 - 280-132 strictions, 280-83 137 Special exception, 280-130, Purpose, 280-80 Flood hazard areas, 280-129, 280-131 Restaurant, 280-85 280-133 Standards for residential site Safety, 280-82, 280-88 Garages, 280-134, 280-137 plans, 280-137 Sales, 280-85, 280-86 Gas, 280-129 Storage, 280-134, 280-137 Setbacks, 280-85 Glare, 280-129 Stormwater, 280-129,280-133 Shopping centers, 280-87 Grade, 280-129,280-133,280- Stormwater management con - Sign illumination, 280-87 134, 280-136 trol plan, 280-133 Specific sign requirements, Guaranty, 280-131 Subdivision of land, 280-137 280-86 Hamlet Density Residential Trailers, 280-137 Specific signs, 280-85 (HD) District, 280-137 Trees, 280-129,280-130, 280 - Storage, 280-88 Handicapped facilities, 280- 133, 280-136 Transition, 280-89 129 Utilities, 280-127, 280-129, Tree, 280-83 Hearings, 280-131, 280-137 280-133 Unsafe, abandoned and unlaw- Height, 280-134 Variances, 280-131, 280-137 ful signs, 280-88 Historical features, 280-133 Vehicles and traffic, 280-129, Utility, 280-83 Historic preservation, 280-131 280-137 Variances, 280-81, 280-86 Improvements, 280-129,280- Water, 280-128, 280-129, 280 - Yard, 280-86 131, 280-133, 280-137 133 Site Plan Approval, 280-127 - Inspections, 280-137 Watercourses, 280-133 280-138 Investigations, 280-130 Wells, 280-133 Accessory uses, 280-127 Land clearing, 280-136 Wildlife, 280-129, 280-133 Affordable housing, 280-137 Landscaping, 280-129, 280- Special Exception Uses, 280-139 Appeals, 280-130,280-131, 131, 280-133,280-134, -280-144 280-137 280-137 Additional conditions and Applicability, 280-127 License, 280-133 safeguards, 280-144 Application requirements, Lighting, 280-129, 280-133, Appeals, 280-140-280-142, 280-133 280-137 280-144 Approval of site plan required, Lots, 280-137 Application, 280-141 280-130 Meeting, 280-131, 280-133 Approval, 280-141 Architectural features, 280- Meetings, 280-137 Approval required, 280-140 129 Moderate -income housing, Buffer, 280-143 Architectural Review Commit- 280-137 Building permit, 280-140 tee, 280-131, 280-135 Natural features, 280-129, Church, 280-143 Architectural review stand- 280-133 Demolition, 280-140 ards, 280-134 Natural features preservation, Dust, 280-143 Area, yard and bulk regula- 280-129 Emergency, 280-143 tions, 280-137 Notice, 280-131, 280-137 Gases, 280-143 Assessment, 280-133 Objectives, 280-129 General standards, 280-142 Bicycles, 280-137 Off-street parking, 280-129, Hearing, 280-141 Block, 280-133 280-133, 280-137 Matters to be considered, 280 - Boats, 280-137 Open space, 280-127, 280- 143 Bonds, 280-137 128, 280-137 Natural features, 280-143 Buffers, 280-137 Parking, 280-127 - 280-129, Noise, 280-143 Building Inspector, 280-127, 280-131, 280-133, 280- Notice, 280-141 280-130, 280-131 134,280-137 Odors, 280-143 Building permit, 280-127, Parks and recreation areas, Off-street parking, 280-143 280-130, 280-134 280-137 Parking, 280-143 Certificate of occupancy, 280- Pedestrians, 280-137 Permit, 280-140, 280-141 130 Penalties for offenses, 280- Permitted uses, 280-143 Cluster development, 280-137 130, 280-136 Pollution, 280-143 Comprehensive Plan, 280-129 Permit, 280-127, 280-130,. Purpose, 280-139 Curbs, 280-131, 280-133, 280- 280-131, 280-134 Safety, 280-142, 280-143 137 Planning Board, 280-131 School, 280-143 Drainage, 280-127, 280-129, Purpose, 280-128 Screening, 280-143 280-133 Records, 280-133 Smoke, 280-143 Driveways, 280-137 Recreational vehicles, 280437 Stormwater, 280-143 Duration of plan, 280-132 Review procedure, 280-131 Stormwater management, 280 - Easements, 280-133 142 41 06-01-2012 Vehicles, 280-143 Vibration, 280-143 Violations of conditions, 280- 141 Water, 280-143 Yards, 280-143 Zoning Board of Appeals, 280-142 Supplementary Regulations, 280- 104 - 280-119 Accessory buildings, 280-104, 280-107 Accessory structures, 280-116 Access requirements, 280-109 Air pollution, 280-111 Animal, 280-111 Block, 280-116 Buffer, 280-118 Building Inspector, 280-109 Building length and separation for buildings containing multiple dwellings, 280- 107 Building permit, 280-114 Building setback requirements adjacent to water bodies and wetlands, 280-116 Certificate of occupancy, 280- 112 Commercial vehicles, 280-110 Corner lots, 280-106 Courts, 280-108 Dust, 280-111 Elevators, 280-104 Excavations, 280-114 Exceptions and modifications, 280-104 Explosives, 280-111 Fences, 280-104 - 280-106, 280-114 Filled land, 280-113 Fuel, 280-111 Garage, 280-104 Gas, 280-111 Glare, 280-111, 280-117 Grade, 280-108,280-114 Height, 280-104 - 280-109, 280-117 Inspection, 280-110 Land under water, 280-113 Lighting, 280-111, 280-117 Long-term outdoor display or storage, 280-119 Lots, 280-106,280-109, 280- 113, 280-116 Monuments, 280-104 Multifamily dwelling, 280-108 Noise, 280-111 Obstructions, 280-104, 280- 106,280-111 Odor, 280-111 Off-street parking, 280-109 One -family dwelling, 280-109 Open storage, 280-110 Parking, 280-109, 280-110, 280-117 Permit, 280-113 -280-115 Pollution, 280-111 SOUTHOLD INDEX Prohibited uses in all districts, Purpose, 280-67 280-111 Radio emissions, 280-70 Provisions for community wa- Relief, 280-76.3 ter, sewer and utility facil- Removal, 280-76 ities, 280-112 Reports, 280-70, 280-74 Public roads, encumbrances to, Required approvals, 280-71 280-111 Roof mounting, 280-71 Safety, 280-111 Safety, 280-67 Sales, 280-104, 280-118 Scope, 280-68 Setbacks, 280-104,280-116 Screen, 280-72 Site plan, 280-104,280-119 Setbacks, 280-70, 280-72, Smoke, 280-111 280-76.2 Storage, 280-104,280-110, Severability, 280-76.4 280-111, 280-118, 280- Signs, 280-70 119 Site design standards, 280-70 Temporary outdoor display or Site plan, 280-74 storage, 280-118 Site plan approval, 280-71, Tourist camps, camp cottages 280-72 and trailers, 280-115 Special exception, 280-71 Towers, 280-104 Special exception approval, Trees, 280-118 280-73 Utility, 280-112 Special exceptions, 280-74 Vehicles, 280-110 Standards, 280-73 Vibration, 280-111 Variances, 280-76.3 Water, 280-104, 280-112,280- Waivers of criteria, 280-76.2 113, 280-116 When effective, 280-76.5 Yards, 280-104 -280-106, ZONING BOARD OF APPEALS 280-109 Agricultural uses, 72-11 Zoning Map, 280-113 Zoning, 280-142 Wireless Communication Facili- ZONING INSPECTOR ties, 280-67 - 280-69 Powers and duties, 275-12.1, 275 - Abandonment, 280-76 15 Antennas, 280-68, 280-70, Wetlands and shoreline, 275-12.1, 280-72,280-73,280-76, 275-15 280-76.1, 280-76.2 ZONING MAP Application fees and require- General provisions, 14 ments, 280-74 Zoning, 280-4,280-6, 280-7, 280 - Base station equipment shelter, 21, 280-29, 280-113, 280- 280-70 146, 280-157 -280-159, Building permits, 280-70, 280- 280-174, 280-175 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 42 06-01-2012