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.
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§ 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.
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§ 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.
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§ 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.
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§ 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
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§ 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.
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§ 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
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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
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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."
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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.
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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
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§ 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.
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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.
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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).
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§ 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.
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§ 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').
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§ 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
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§ 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
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§ 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;
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§ 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.
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§ 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
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§ 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
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§ 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.
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§ 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.
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§ 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;
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§ 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;
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§ 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