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Home My WebLink About2004 Code Supplement - 12/15/2004• GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 145 The enclosed new and/or replacement pages should be placed in your Code volume immediately! 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 Table of Contents, xi —xii 5601— 5609 9701-9714 10005— 10006 10096.27 — 10096.29 10097-10104 10104.1 A10601—A10639 Supplemental Index, SI-1—SI-16 INSERT Table of Contents, xi -xii 5601-5614 9701-9751 10005 —10006 10097 —10100 A10601— A106103 Supplemental Index, SI-1—SI-21 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 6-2004; 18-2004; 19-2004; 21-2004; 22-2004. 12-15-2004 X1 9-10-2004 TABLE OF CONTENTS CHAPTER PAGE 77. Shellfish................................ 7701 Article I Catching of Shrimp Article II Taking of Shellfish and Eels 78. (Reserved) ............................... 7801 • 79. 80. (Reserved) Sidewalks 7901 .............................. . 8001 81. Soil Removal ............................ 8101 82. (Reserved) ............................... 8201 83. Street Excavations ...................... 8301 84. Street Numbering; Addresses ............. 8401 85. Taxation................................ 8501 Article I Senior Citizen Exemption Article II Business Investment Exemption Article III Veterans' Exemption Article IV Exemption for Disabled Persons With Limited Income Article V Exemption for Volunteer Fire Fighters and Ambulance Workers 86. Tobacco Advertising ..................... 8601 87. (Reserved) ............................... 8701 88. Tourist and Trailer Camps ............... 8801 Article I General Regulations Article II Recreational Vehicle Parks 89. Unlicensed Motor-Driven Vehicles ........ 8901 90. Unsafe Buildings ........................ 9001 91. (Reserved) ............................... 9101 • 92. Vehicles and Traffic ...................... 9201 Vehicles, Motor-Driven — See Ch. 60 93. (Reserved) ............................... 9301 94. (Reserved) ............................... 9401 95. Waterfront Consistency Review ........... 9501 X1 9-10-2004 SOUTHOLD CODE CHAPTER PAGE 96. (Reserved) ............................... 9601 97. Wetlands ................................. 9701 98. Housing Fund ........................... 9801 99. (Reserved) 9901 100. Zoning ................................... 10001 101. Zoning (continued) ...................... 10101 102. (Reserved) ............................... 10201 103. (Reserved) ............................... 10301 104. (Reserved) ............................... 10401 APPENDIX A105. Grievance Procedures ................. A10501 A106. Subdivision of Land ................... A16601 A107. Police Department Rules and Regulations ........................... A10701 A108. Highway Specifications ................ A10801 X11 9-10-2004 • • § 56-1 LANDMARK PRESERVATION § 56-1 Chapter 56 LANDMARK PRESERVATION § 56-1. Title. • § 56-2. Purpose. § 56-3. Definitions. § 56-4. Landmark Preservation Commission. § 56-5. Duties of Commission. § 56-6. Designation of landmarks. § 56-7. Review of building permit applications. § 56-8. Termination of landmark designation. § 56-9. Severability. § 56-10. When effective. [HISTORY: Adopted by the Town Board of the Town of Southold 1-18-1983 by L.L. No. 1-1983. Amendments noted where applicable.] GENERAL REFERENCES Environmental quality review — See Ch. 44. Wetlands — See Ch. 97. § 56-1. Title. • This chapter shall be known and may be cited as the "Landmark Preservation Law of Southold Town." 5601 5-15-2000 § 56-2 SOUTHOLD CODE § 56-3 § 56-2. Purpose. [Amended 4-5-1994 by L.L. No. 4-19941 The Town Board finds there exist in the Town of Southold places, sites, structures and buildings of historic or architectural significance, antiquity, uniqueness of exterior design or construction, which should be conserved, protected and preserved to preserve the architectural character of Southold Town, -to contribute to the aesthetic value of the town • and to promote the general good, welfare, health and safety of the town and its residents. Therefore, it is the purpose and policy of this chapter to establish a Landmark Preservation Commission and procedures which it can follow to assist Southold Town and owners of places, sites, buildings and structures in order to conserve, protect and preserve such places, sites, structures and buildings thereby preserving the unique character of Southold Town, which will substantially improve property and commercial values in the town and make its hamlets even better places in which to live. § 56-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ARCHITECTURAL SIGNIFICANCE — The quality of a building or structure based on its date of erection, style and scarcity of same, quality of design, present condition and appearance or other characteristics that embody the distinctive characteristics of a type, period or method of construction. COMMISSION — The Landmark Preservation Commission established pursuant to this chapter. DESIGNATED LANDMARK — A landmark in the Town of Southold designated pursuant to the provisions of this chapter. [Added 1-18-2000 by L.L. No. 1-20001 EXTERIOR ARCHITECTURAL FEATURES — The architectural style, design, general arrangement and 5602 5-15-2000 is is § 56-3 LANDMARK PRESERVATION § 56-3 components of all of the outer surfaces of any building or structure. HISTORIC DISTRICT — Any area which contains places, sites, structures or buildings which have a special (Cont'd on page 5603) 5602.1 5-15-2000 § 56-3 LANDMARK PRESERVATION § 56-3 character and ambience or historical value or aesthetic interest and which represent one (1) or more periods or styles of architecture of an era of history and which cause such area to constitute a distinct section of the town. [Added 4-5-1994 by L.L. No. 4-19941 HISTORICAL SIGNIFICANCE — The quality of a place, site, building, district or structure based upon its is identification with historic persons or events in the Town of Southold. [Amended 4-5-1994 by L.L. No. 4-19941 LANDMARK— Any place, site, structure or building which has historical value or aesthetic interest by reason of its antiquity or uniqueness of architectural design or as part of the development, heritage or cultural characteristics of the town, county or nation. [Amended 4-5-1994 by L.L. No. 4-19941 LANDMARK DESIGNATION — The designation of a landmark pursuant to the provisions of this chapter. STRUCTURE — Any assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings. STYLE OF ARCHITECTURE [Added 4-5-1994 by L.L. No. 4-1994] — Style recognized by one (1) of the following organizations: A. The National Register of Historic Places. B. Historic American Buildings Survey. C. Historic American Engineering Record, United States Department of the Interior, National Park Service. • D. Division for Historic Preservation, New York State Office of Parks and Recreation. E. National Trust for Historic Preservation. F. Society of Architectural Historians. 5603 4-25-94 § 56-4 SOUTHOLD CODE § 56-5 § 56-4. Landmark Preservation Commission. [Amended 11-26-1991 by L.L. No. 28-19911 A. There is hereby created a Landmark Preservation Commission for the purpose of conserving, protecting and perpetuating historic landmarks and districts in accordance with the purposes of this chapter. The Commission shall consist of seven (7) members to be • appointed by the Town Board, to serve without compensation. [Amended 4-5-1994 by L.L. No. 4-19941 B. The term of office of each member appointed to said Commission shall be two (2) years; provided, however, that of those members first appointed three (3) shall be appointed for one (1) year and four (4) shall be appointed for two (2) years. If a vacancy occurs other than by expiration of a term, it shall be filled by the Town Board by appointment for the unexpired term. § 56-5. Duties of Commission. The Commission shall perform the following duties and functions: A. Encourage the preservation of landmarks through educational activities. B. Recommend places, sites, buildings, structures and historic districts to the Town Board for landmark designation in accordance with the provisions of § 56-6 hereof. [Amended 4-5-1994 by L.L. No. 4-19941 C. Review and, where appropriate, give advisory recommen- dations with respect to all applications for building permits involving alterations of the exterior of • designated landmarks in accordance with the procedures set forth in § 56-7 hereof. D. Cooperate with civic and professional organizations interested in landmark preservation. 5604 4-25-94 § 56-5 LANDMARK PRESERVATION § 56-6 E. Offer advice and suggestions to or at the request of owners or the Town Board to implement the purposes of this chapter. F. Promote and encourage historic awareness and judicious concern for designated landmarks. i§ 56-6. Designation of landmarks. A. Selection of places, sites, buildings, structures and historic districts for landmark designation shall be determined on the basis of historical and/or architectural significance. [Amended 4-5-1994 by L.L. No. 4-1994] B. [Amended 4-5-1994 by L.L. No. 4-19941 In considering places, sites, buildings, structures and historic districts for possible landmark designation, the Commission shall comply with the following procedure: (1) Prior to recommending to the, Town Board that a place, site, building, structure or historic district be designated as a landmark, the Commission shall give written notice to the owner(s) of the property, as shown on the last completed town assessment roll, that the Commission is considering recommending to the Town Board that the place, site, building or structure be designated as a designated landmark or historic district. Such notice shall request that the owner(s) consent to such designation by signing and returning the form of consent enclosed with the notice. Such notice shall. also indicate that if the owner(s) objects to such designation or desires further information, the • owner(s) may return the form, enclosed with the notice, which requests that the owner(s) and/or rep- resentatives) seeks a meeting with the Commission within thirty (30) days from the receipt of such requests by the Commission. 5605 4-25-94 § 56-6 SOUTHOLD CODE § 56-6 (2) The Commission may not proceed to make its recom- mendation unless one (1) of the following conditions are met: (a) The owner consents, in writing, to such designation; or, with respect to an historic district, fifty-one percent (51%) of the property owners in the proposed district consent, in writing, to such designation. (b) The owner, within thirty (30) days from the receipt of the notice specified in § 56-6B(1), has failed to notify the Commission of his/her objection to such designation or failed to request a meeting with the Commission. (c) A member of the Commission has personally met with all of the owners of the property being considered for designation and has fully explained all aspects of designation and the consequences that will result from such designation. (3) When the Town Board receives a recommendation from the Commission that a place, site, building or structure be designated as a landmark or an historic district be designated, the Town Clerk shall give written notice thereof to the owner(s) of the property, stating the time and place when the Town Board will meet to consider the question of the landmark designation of such place, site, building, structure or historic district. Such notice shall also state that the owner(s) shall be given an opportunity to be heard at such meeting. C. The designation of property as a designated landmark or historic district by the Town Board, pursuant to the • provisions of this chapter, shall not impose any obligation or responsibility upon the owners thereof, nor shall such designation in any manner restrict or limit the use, development, repair, maintenance, alteration or 5606 4-25-94 § 56-6 LANDMARK PRESERVATION § 56-7 modification of the property by the owners thereof. [Amended 4-5-1994 by L.L. No. 4-19941 D. The designation of property as a designated landmark by the Town Board, pursuant to the provisions of this chapter, shall not become effective until such property is entered in the Register of Designated Landmarks and is filed with the Town Clerk. § 56-7. Review of building permit applications. A. Every application for a building permit for the reconstruction or alteration of, including but not limited to demolition or addition to a designated landmark, property inventoried by S.P.L.I.A. (Society for the Preservation of Long Island Antiquities), or property within a designated and listed historic district, or property otherwise designated as a landmark by town, state or federal agencies shall be referred by the Building Inspector to the Commission for its comments and recommendations. No building permit shall be issued until the Commission has filed its written comments and recommendations with the Building Inspector and has mailed a copy thereof to the applicant or until the passage of 14 days from the date of referral, whichever shall first occur. [Amended 6-13-1995 by L.L. No. 13-1995; 1-18-2000 by L.L. No. 1-20001 B. The application for a building permit shall not be deemed complete until the Commission has filed its written comments and recommendations or until the passage of 14 days from the date of referral of the is building permit application to the Commission, whichever shall first occur. C. In reviewing an application for a building permit referred to it, the Commission shall consider the effect that the contemplated work will have on the exterior architectural features of the designated landmark. If the Commission recommends modification in the 5607 5-15-2000 § 56-7 SOUTHOLD CODE § 56-8 contemplated work in order to preserve the architectural features of the structure, it shall suggest such modifications as will minimize the costs, time and inconvenience to the owner. D. In reviewing an application for a building permit, the Commission shall consider only the exterior architectural features of the building or structure. • E. The comments and recommendations of the Commission with respect to building permit applications referred to it pursuant to this section shall be deemed advisory only. The owner's rejection of or refusal to comply with such comments and recommendations shall not delay or in any way impede the otherwise favorable action on the issuance of a building permit. F. Nothing contained in this chapter shall be deemed to prevent the ordinary and necessary maintenance and repair of any exterior architectural features of a designated landmark which does not involve a significant change in design, material or outward appearance thereof. § 56-8. Termination of landmark designation. [Amended 4-5-1994 by L.L. No. 4=19941 Whenever a designated landmark or historic district is destroyed or its exterior is altered to such an extent that it ceases to have architectural significance, the Town Board may, by resolution, direct that it be removed from the Register of Designated Landmarks. Prior to taking such action, however, the owner shall be given written notice of such proposed action and shall be given an opportunity to appear before the Town • Board and be heard thereon. 5608 5-15-2000 § 56-9 LANDMARK PRESERVATION § 56-10 § 56-9. Severability. [Amended 4-5-1994 by L.L. No. 4-1994] Each of the foregoing provisions of this chapter has been adopted in an endeavor to preserve and extend the public welfare by preserving the characteristics of historic and/or architecturally significant places, sites, structures or districts. • In the event that any portion of this chapter shall be determined invalid, such determination shall not affect or result in the invalidity of any other provision contained in this chapter. • § 56-10. When effective. This chapter shall take effect immediately. 5609 5-15-2000 r WETLANDS . Chapter 97 WETLANDS ARTICLE I • General Provisions § 97-10. Title. § 97-11. Declaration of policy. § 97-12. Exceptions. § 97-13. Definitions. ARTICLE II Permits § 97-20. Permit required. § 97-21. Application. § 97-22. Waiver of certain requirements. § 97-23. Fees. § 97-24. Processing of application. § 97-25. Issuance of permit- conditions; inspection fees. § 97-26. Liability insurance. § 97-27. Contents of permit. § 97-28. Standards. ® § 97-29. Transferability. y ARTICLE III Administration and Enforcement § 97-30. Enforcing officer. 9701 5 - 25 - 88 :`fir•: § 97-10 SOUTHOLD CODE"1 § 97-11 § 97=31. Notice of violation. § 97-32. Hearing -on violation. § 97-33. Compliance required; penalties for offenses. [HISTORY: Adopted by the Town Board of the Town of Southold 6-29-71. Section 97-33 amended during codification; see Ch. 1, General Provisions, Article II. Other amendments noted where applicable.] GENERAL REFERENCES Boats, docks and wharves — See Ch. 32. Environmental quality review — See Ch. 44. Flood damge prevention — See Ch. 46. Shellfish — See Ch. 77. Soil removal — See Ch. 81. Zoning — See Ch. 100. Subdivision of land— See Ch. A106. ARTICLE I General Provisions § 97-10. Title. This chapter shall be known and may be cited as the "Wetlands Ordinance of. the Town of Southold." § 97-11. Declaration of policy. A. The Town Board of the Town of Southold finds that rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon or eliminating many of its wetlands, which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existing and future residents of the Town of Southold. B. It is the intention of this chapter to protect the citizens of the Town of Southold by providing for the protection, preservation, . proper maintenance and use of its wetlands (Cont'd on page 9703) 9702 5-25-88 § 97-11 WETLANDS § 97-12 in order to minimize damage from erosion, turbidity or siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation and the destruction of the natural habitat thereof, to minimize danger of flood and storm -tide damage and pollution, and to otherwise protect the • quality of wetlands, tidal waters, marshes, shore lines, beaches and natural drainage systems for their conservation, economic, aesthetic, recreational and other public uses and values, and, further, to protect the potable fresh water supplies of the town from the dangers of drought, overdraft, pollution from saltwater intrusion and misuse or mismanagement. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. § 97-12. Exceptions. A. The provisions of this chapter shall not affect or prohibit nor require a permit for the following: (1) The ordinary and usual mosquito control operations conducted by any public authority. (2) The ordinary and usual operations incidental to the cultivation and/or harvesting of fish and shellfish.) (3) The ordinary and usual operations relative to conservation of soil, vegetation, fish, shellfish and wildlife. (4) The ordinary and usual operations relative to is agriculture, aquaculture or horticulture. (5) The ordinary and usual maintenance or repair of a presently existing building, dock, pier, wharf, 1 Editor's Note: See Ch. 77, Shellfish. 9703 3-15-99 § 97-12 SOUTHOLD CODE § 97-13 bulkhead, jetty, groin, dike, dam or other water control device or structure.2 (6) The construction of a registered bulkhead, which is to replace an existing functional bulkhead, provided that the new bulkhead is constructed substantially similar to the design and measurement of the existing bulkhead and located in place of the • existing bulkhead. The Trustees shall be given written notice of the project prior to commencement of the work. [Added 5-3-1988 by L.L. No. 9-19881 (7) The ordinary and usual maintenance or repair of a man-made pond that is created by using an artificial seal to prevent water from seeping into the ground and activities disturbing the bottom lands of and wetlands adjacent thereto. [Added 11-10-1998 by L.L. No. 21-19981 B. Nothing contained in this chapter shall be deemed to affect any areas in the town within the jurisdiction of the Southold Town Board of Trustees. § 97-13. Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the present tense include the future; words used in the plural number include the singular number; and words used in the singular number include the plural number. The word "shall" is always mandatory and not directory. BOARD — Unless otherwise indicated, the Board of • Trustees of the Town of Southold. [Added 6-5-1984 by L.L. No. 6-19841 2 Editor's Note: See Ch. 32, Boats, Docks and Wharves. 9704 3-15-99 § 97-13 WETLANDS § 97-13 CLERK — Unless otherwise indicated, the Clerk of the Board of Trustees. [Added 6-5-1984 by L.L. No. 6-1984] MATERIAL — Soil, sand, gravel, clay, bog, peat, mud or any other material, organic or inorganic. • OPERATIONS: A. The removal of material from wetlands. B. The deposit of material on wetlands. C. The erection, construction, alteration or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin or other structure, temporary or permanent, on wetlands. PEAK LUNAR TIDES — Those excessively high tides or spring tides caused by lunar gravitational phenomena. PERSON — Any person, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations or govern- mental agencies or subdivisions thereof. TIDAL WATERS — All waters bordering on or within the boundaries of the Town of Southold subject to fluctuation in depth from peak lunar, storm or normal tidal action, and including but not limited to all brackish and salt waters of streams, ponds, creeks, estuaries, sounds, bays and inlets. [Amended 3-26-1985 by L.L No. 6-1985; 5-3-1988 by L.L. No. 10-1988; 1-21-1992 by L.L. No. 2-19921 TOWN = The Town of Southold. • TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5-1984 by L.L. No. 6-19841 WETLAND BOUNDARY OR BOUNDARIES OF WETLAND — The outer limit of the vegetation specified in the definition of freshwater, brackis or tidal wetland. The wetland boundary is to be defined and flagged at the point where existing wetland indicator species no longer 9705 3-15-99 I § 97-13 SOUTHOLD CODE § 97-13 have a competitive advantage over upland species. Wetland and upland plants will mix together at this transition zone. The methodology used to determine this boundary shall be the same methodology utilized in the New York State Department of Environmental Conservation (NYSDEC) Technical Methods Statement relating to the Freshwater Wetlands Act; to wit, if the innermost portion of a wetland is effectively 100% wetland plants; the next concentric ring shows an area of 75% wetland species, and the outer ring is a 50% mix where the competitive advantage of upland species is demonstrated, the boundary line will be drawn at the mid -point of the outer ring. Where a site is dominated by facultative species which are characteristic of Long Island wetlands, such as red maple (Acer rubrum) and black tupelo (Nyssa sylvatica), a community approach shall be used in determining the wetland boundary. The test of what constitutes a wetland community will be satisfied if the species are those included in the description of natural wetland community types as documented by the New York Natural Heritage Program in the March 1990 manual entitled "Ecological Communities of New York State." [Added 11-10-1998 by L.L. No. 21-19981 WETLANDS [Amended 8-26-1976 by L.L. No. 2-1976; 3-26-1985 by L.L. No. 6-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently covered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; 9706 3-15-99 • • • is § 97-13 WETLANDS § 97-13 (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within 100 feet landward of the most landward wetland boundary of such tidal wetland. [Amended 11-10-1998 by L.L. No. 21-1998; 9-12-2000 by L.L. No. 17-20001 B. FRESHWATER WETLANDS [Amended 11-10-1998 by L.L. No. 21-19981: (1) "Freshwater wetlands" as defined in Article 24, Title 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; or (2) All lands and waters in the town which contain any or all of the following: (a) Lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs" and "flats" supporting aquatic or semiaquatic vegetation of the following types: [1] Wetland trees which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other trees, including, among others, red maple (Acer rubrum), willows (Salix spp.), black spruce (Picea mariana); swamp white oak (Quercus bicolor), red ash (Fraxinum pennsylvanica), black ash (Fraxinus nigra), silver maple (Acer 9706.1 11-15-2000 § 97-13 SOUTHOLD CODE § 97-13 saccharinum), American elm (Ulmus americana) and larch (Larix laricina); [2] Wetland shrubs which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over • other shrubs, including, among others, alder (Alnus spp.), buttonbush (Cephalkanthus occidentialis), bog rosemary (Andromeda glaucophylla), dogwoods (cornus spp.) and leatherleaf (Chamaedaphne calyculata); [3] Emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), reed (Phragmites _ communis), wildrice (Zizania aquatica), bur -reeds (Sparganum spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodon verticillatus) and water plantain (Alisma plantagoaquatica); [4] Rooted, floating -leaved vegetation, including, among others, water -lily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar spp.); [5] Free-floating vegetation, including, among others, duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.); [6] Wet meadow vegetation which depends upon seasonal or permanent flooding or sufficiently water-logged soils to give it a competitive advantage over 9706.2 11-15-2000 § 97-13 WETLANDS § 97-13 other open land vegetation, including, among others, sedges (Carex spp.), rushes (Juncus spp.), cattails (Typha spp.), rice cut -grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife • (Decodon verticillatus) and spikerush (Eleocharis spp.); [7] Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenis purpurea) and cranberries (Vaccinum macrocarpon and V. oxycoccos); or [81 Submergent vegetation, including, among others, pondweeds (Potamogeton spp.), naiads (Najas spp.) bladderworts (Utricularia spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum spp.) muskgrass (Chara spp.), stonewort (Nitella spp.), water weeds (Elodea spp.) , and water smartweed (Polygonum amphibium). (b) Lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquatic that has died • because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of . six feet and provided further that such conditions can be expected to persist indefinitely, barring human intervention. 9706.3 11-15-2000 § 97-13 SOUTHOLD CODE § 97-20 (c) Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection BMW or be dead vegetation as set forth in Subsection B(2)(b), the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation. (d) The waters overlying the areas set forth in Subsection B(2)(a) and (b) and the lands underlying Subsection B(2)(c). (3) All land immediately adjacent to a freshwater wetland, as defined in either Subsection B(1) or Subsection B(2), and lying within 100 feet landward of the most landward wetland boundary of such freshwater wetland. [Amended 9-12-2000 by L.L. No. 17-20001 ARTICLE II Permits § 97-20. Permit required. [Amended 6-5-1984 by L.L. No. 6-1984; 3-26-1985 by L.L. No. 6-19851 A. Permit required. Notwithstanding any prior course of conduct or permission granted, no person shall conduct operations on any wetlands ' in the Town of Southold unless he shall first obtain a written permit therefor issued by authority of the Trustees as hereinafter provided and only while such permit remains in effect. B. Notwithstanding the provisions of Subsection A of this section, the Trustees may, by resolution, waive the requirement of a permit with respect to lands immediately adjacent to wetlands, as defined in Subsection A(3) or B(3) of the definition of "wetlands" in § 97-13, if the Trustees find and determine that no operations are proposed on such lands, or that the 9706.4 11-15-2000 is § 97-20 WETLANDS § 97-21 operations proposed thereon comply with the standards set forth in § 97-28 of this chapter. § 97-21. Application. [Amended 6-5-1984 by L.L. No. 6-1984] • A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. The application shall be submitted to the Clerk in quadruplicate. Such application shall contain the following information: A. The name and address of the applicant and the source of the applicant's right to perform such operations (e.g., whether applicant is the owner, lessee, licensee, contractor, etc.). In all cases where the applicant is not the owner of the; premises where such operations are proposed to be conducted, the consent of the owner, duly acknowledged, must be attached to said application. B. The purpose of the proposed operations. C. The amount of material proposed to be removed or deposited, and/or -the type, size and location of any proposed structure. Is (Cont'd on page 9707) 9706.5 . 11-15-2000 § 97-21 WETLANDS §97-21 D. A description of the area from which the removal or in which the deposit of material is proposed, or in which structures are to be erected. The description shall be by bearing and distance and shall be based on a local coordinate system. The starting point of the description shall be appropriately referenced to a permanent reference point or monument. E. The depth to which the removal or the deposit of material is proposed throughout the area of operations, and the proposed angle of repose of all slopes. F. The manner in which the material will be removed or deposited, or structures erected. G. Such application shall be accompanied by a survey and topographical map of one (1) year or less with contours at two -foot intervals, showing 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 and soundings shall be based on the United States Coast and Geodetic Survey datum. [Amended 4-5-1994 by L.L. No. 2-1994] H. 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. I. A statement describing any known prior operations conducted on the premises in question and whether any prior licenses to 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. 9707 4-25-94 § 97-21 SOUTHOLD CODE § 97-24 J. Documentary proof that all other necessary permits and approvals have been obtained. § 97-22. Waiver of certain requirements. [Amended 6-5-1984 by L.L. No. 6-1984; 3-28-1989 by L.L. No. 4-19891 The Trustees, upon request of the applicant for a permit, may i waive, in whole or in part, the provisions of Article II, § 97-21D, G and J, 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. § 97-23. Fees. [Amended 11-15-1983 by L.L. No. 13-1983; 6-5-1984 by L.L. No. 6-19841 A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of one hundred fifty dollars ($150.), no portion of which shall be refundable. [Amended 11-18-1986 by L.L. No. 15-19861 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, in accordance with § 97-25C hereof. § 97-24. Processing of application. [Amended 6-5-1984 by L.L. No. 6-19841 A. Investigation. Upon receipt of the application, the Clerk shall forward one (1) copy thereof to the Conservation Advisory Council and one (1) copy to the Trustees. The Conservation Advisory Council shall review said application and the effect, if any, on the wetlands and tidal waters of the town that may result from the proposed operations and shall, within twenty (20) days of receipt of the same, forward its written report of findings 9708 4-25-94 § 97-24 WETLANDS § 97-25 and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. B. Hearing. Upon receipt by the Trustees of the report of is the Conservation Advisory Council, the Trustees shall hold a public hearing on such application. Notice shall be provided pursuant to Chapter 58. [Amended 12-27-1995 by L.L. No. 25-19951 C. Action. After the public hearing on such application, the Trustees shall either adopt a resolution directing the issuance of a permit or adopt a resolution denying the application therefor. A resolution directing the issuance of a permit may be adopted only if the Trustees find that the proposed operations will conform to the standards set forth in § 97-28 hereof. If the Trustees adopt a resolution denying an application for a permit, the reasons for such denial shall be set forth in such resolution. [Amended 3-26-1985 by L.L. No. 6-19851 § 97-25. Issuance of permit: conditions; insPection fees.. [Amended 6-5-1984 by L.L. No. 6-1984] The Trustees may, upon the adoption of a resolution directing the issuance of a permit: A. Impose such conditions on the manner and extent of the proposed operations as it deems appropriate. B. Fix the time by which operations must be commenced and within which they must be completed. C. Require the payment of inspection fees in any case where it is determined that more than one (1) inspection is required to assure that operations are being conducted in accordance with the permit. Such fees shall be in the amount of five dollars ($5.) for each such inspection. 9708.1 1-25-96 § 97-26 SOUTHOLD CODE § 97-26 § 97-26. Liability insurance. [Amended 6-5-1984 by L.L. No. 6-19841 The applicant for a permit hereunder shall, before the issuance of said permit by the Clerk, file with the Clerk a certificate that (Cont'd on page 9709) 0 �J 9708.2 1-25-96 r § 97-26 WETLANDS § 97-27 the applicant has public liability insurance policies insuring against any liability which may arise in the performance. of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the town as a named insured. • § 97-27. Contents of permit. [Amended 6-5-84 by L.L. No. 6-19841 Each permit issued hereunder by the Clerk pursuant to a reso- lution of the Trustees shall state the following: A. The name of the permittee. , B. The date of issuance and expiration of the permit. C. The conditions imposed by the Trustees on the issuance of the permit. D. The specific location of the areas to be affected by the operations of the permittee. E. A statement that: "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The town accepts no responsibility in applying for or obtaining such approval. In the event that such ap- proval is necessary, the holder of this permit shall not com- mence operations hereunder until such approval has been obtained in writing. The failure to obtain such other ap- proval when required shall subject this permit to im- mediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Ac- ceptance of the permit is acceptance of this condition. F. A statement that: "The applicant does, by the acceptance ® of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all pre- cautions for the prevention of injuries to persons and prop- erty resulting from such operations. By such acceptance, the applicant also agrees to indemnify and save harmless the town and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, his 9709 8-25-84 § 97-27 SOUTHOLD CODE § 97-28 agents and employees." Acceptance of the permit is ac- ceptance of this condition. G. A statement that: "The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the town and its officers and employees to enter upon the premises where • such operations are being conducted to make such in- spections as the town may deem necessary to ensure that such operations are being conducted in conformity with this permit." § 97-28. Standards. [Amended 6-5-84 by L.L. No. 6-1984] The Trustees may adopt a resolution directing the issuance of a permit to perform operations applied for only if it determines that such operations will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisams, aquatic wildlife and vegetation or the natural habitat thereof. E. Increase the danger of flood and storm -tide damage. F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. Otherwise adversely affect the health, safety and general welfare of the people of the town. 9710 8-25-84 Z _ § 97.29 WETLANDS § 97-31 § 97-29. Transferability. [Amended 6-5-84 by L.L. No. 6-1984] A permit issued pursuant hereto shall -not be transferred or assigned without the prior approval of the Trustees. ARTICLE III Administration and Enforcement § 97-30. Enforcing officer. [Amended 3-26-85 by L.L. No. 6- 19851 It shall be the duty of the Bay Constables (hereinafter referred to as the "Bay Constable") to administer and enforce the provisions of this chapter. § 97-31. Notice of violation. A. Whenever the Bay Constable has reasonable grounds to be- lieve that operations regulated hereby are being conducted in violation of the provisions of this chapter or not in compliance ' with a permit issued pursuant to this chapter, he may notify the owner of the property, or the owner's agent or the person performing such operations, to suspend all operations; and any such person shall forthwith cease operations until such notice of violation has been rescinded. [Amended 3-26-85 by L.L. No. 6-1985] B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice- shall also inform ,the person to whom it is directed of his right to apply for a hearing before the Trustees, as hereinafter pro- vided. [Amended 6-5-84 by L.L. No. 6-1984] C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premises .where. operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. [Amended 8-26-76 by L.L. No. 3-19761 9711 5-25-e8 § 97-31 SOUTHOLD CODE § _97-32 D. The Bay Constable may extend the time of compliance speci- fied in the notice of violation where there is evidence of intent to comply, within the time specified and conditions exist which prevent immediate compliance. [Amended 3-26-85 by L.L. No. 6-19851 E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension : of time issued by the Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. [Amended 3-26-85 by L.L. No. 6-19851 F. It shall be unlawful for any person served with a notice of violation pursuant to § 97-31C to fail to comply with such notice. [Added 3-22-88 by L.L. No. 5-1988] § 97-32. Hearing on violation. [Amended 6-5-84 by L.L. No. 6- 1984] ' A. Any person affected by a notice of violation issued pur- suant to the preceding section hereof may request and shall be granted a hearing before the Trustees, provided that such person shall file a written request therefor with the Clerk within ten (10) days after service of the notice of violation. Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. B. The Clerk shall present such request .to the Trustees at its next regular meeting. The Trustees shall set a time and place for such hearing and shall give the person requesting the same. at least five. (5) days' notice of the time and place • thereof. C. At such hearing, the person requesting the same, or his representative; shall be given an opportunity to show cause why such. notice of violation should be modified or rescinded.'. After such hearing, the Trustees may sustain, modify or,rescind such notice of violation, or revoke any 9712 5-25-88 ` § 97-32 WETLANDS § 97-33 permit previously issued, and shall specify the reasons therefor. D. The notice of violation for which a hearing is requested shall continue in effect pending the hearing. and de-'. termination of the. Trustees. IS § 97-33. Compliance required; penalties for offenses: [Amended 7-31-73 by L.L. No. 1-1973; 6-5-84 by L.L. No. 6-1984] A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-88 by L.L. No. 5-19881 B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to com- ply with a written notice or order of any Bay Constable with- in the time fixed for compliance therewith, the owner, occu- pant, builder, architect, contractor or their agents or any.. other - person who, commits, takes part or assists -in the com- mission of any such offense or who, shall fail to comply with a written order or notice of any Bay Constable shall, upon a first conviction thereof, be guilty of a violation punishable by a.fine of not exceeding five hundred dollars ($500.) or impri- sonment for a period not to exceed fifteen (15) days, or .both. Each day on which such violation shall occur shall- constitute a separate, additional offense. For a second and subsequent conviction within eighteen (18) months thereafter, such per- son shall be guilty of a violation punishable by a fine not ex- ceeding one thousand five hundred dollars ($1,500.) or impri-- sonment for a period not to exceed fifteen (15) days, 'or both such fine and imprisonment. [Amended 3-26-85 by L.L. No. 6-1985] 9713 5-25-88 § 97-33 SOUTHOLD CODE § 97-33 C. In addition• to the above -provided penalties, the Trustees may also, if authorized by the Town Board, maintain an action or proceedings 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. 0 9714 - 5-25-88 ZONING ARTICLE XIV Light Industrial (LI) District § 100-140. Purpose. § 100-141. Use regulations. is § 100-142. Bulk, area and parking regulations. § 100-143. Front yard setbacks. ARTICLE XV Density, Minimum Lot Size and Bulk Schedules § 100-150. Repeal of existing schedule; incorporation of new schedules. § 100-151. Conformance required. ARTICLE XVI Wireless Communication Facilities § 100-160. Purpose. § 100-161. Scope. § 100-162. Location of use. § 100-163. Special exception approval. § 100-164. historic buildings and districts. § 100-165. Design standards. § 100-166. Appearance. • § 100-167. Removal. § 100-168. Nonconforming uses. § 100-169. Severability. 10005 2-10-98 SOUTHOLD CODE ARTICLE XVII (Reserved) ARTICLE XVIII Cluster Development § 100-180. Purpose. § 100-181. Applicability. ARTICLE XIX Parking and Loading Areas § 100-190. Purpose. § 100-191. Off-street parking areas. § 100-192. Off-street loading areas. ARTICLE XX Signs § 100-200. Purpose. § 100-201. Applicability; permit required; application; approval; fees. § 100-202. General design principles. § 100-203. Prohibitions and general restrictions. § 100-204. Limitation of content or copy. § 100-205. Specific signs. § 100-205.1. Specific sign requirements. § 100-206. Sign illumination. § 100-207. Unsafe, abandoned and unlawful signs: § 100-208. Transition. • • 10006 2-10-98 } § 100-166 ZONING § 100-167 attachment of the new structure, all of the conditions herein shall apply as to a new freestanding structure. F. Commercial and industrial siting. Towers to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or is otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the visual screening of the tower. G. Commercial districts. Towers to be sited on undeveloped properties in the commercial districts shall apply the standards of the condition in § 100-165C herein to all property lines, including the streetline, except that a driveway shall be permitted to gain access to the facility for maintenance personnel and equipment. H. Airport regulations. All towers shall comply with applicable airport hazard regulations and shall be subject to approval from the Federal Aviation Adminis- tration for location, height and lighting to prevent interference with the operation of an airport or otherwise threaten the public safety. § 100-167. Removal. A. Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time the owner of the wireless communication facility shall remove same within 90 • days of such deemed abandonment. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within the said 90 days, the Building Inspectors may, with the approval of the Town Board, give the owner notice that unless the 10096.27 2-10-98 § 100-167 SOUTHOLD CODE § 100-180 removal is accomplished in 30 days, the town will cause the removal at the owner's expense. The grant of a special exception approval under this article shall include irrevocable permission to the town to accomplish removal of the wireless communication facility under this article. Any cost to the town for such removal shall constitute a lien on the tax lot on which the tower is • situated and shall be collected in the same manner as a town tax upon real property. § 100-168. Nonconforming uses. Preexisting telecommunication towers shall be allowed to continue their usage as they presently exist. New construction, other than maintenance on a preexisting tower, shall comply with the requirements of this article. § 100-169. Severability. The various parts, sections and clauses of this article are hereby declared to be severable. If any part; sentence, paragraph, "section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the article shall not be affected thereby. ARTICLE XVII (Reserved) ARTICLE XVIII Cluster Development • [Added 1-10-1989 by L.L. No. 1-19891 § 100-180. Purpose. The purpose of this article is to encourage flexibility and innovation in the design of residential development that cannot be achieved on -many sites through adherence to traditional 10096.28 2-10-98 § 100-180 ZONING § 100-180 zoning and subdivision regulations. Further, the application of the cluster development technique is intended to achieve: A. Maximum reasonable conservation of land and protection of groundwater supply and groundwater recharge areas. B. Preservation of agricultural activity by encouraging is retention of large continuous areas of agricultural use. (Cont'd on page 10097) • 10096.29 2-10-98 i l § 100-180 ZONING § 100-181 C. Variety in type and cost of residential development, thus increasing the choice of housing types available to town residents. D. Preservation of trees and outstanding natural features, prevention of soil erosion, creation of usable open space and recreation areas and preservation of scenic qualities of open space. ® E. A shorter network of streets and utilities and more efficient use of energy than would be possible through strict application of standard zoning. § 100-181. Applicability. A. On lots of ten (10) or more acres in the Agricultural - Conservation, the R-40 and R-80 Districts and the Low - Density Residential R-120, R-200 and R-400 Districts, clustering will be required, subject to the following conditions: (1) The residential use will be single-family detached homes for lot sizes of thirty thousand (30,000) square feet or larger and detached or attached houses for lot sizes less than thirty thousand (30,000) square feet. (2) The density of these homes will be as specified in the particular district and determined as indicated in Subsection C below. (3) The minimum lot size shall be: (a) Without public water and sewer: thirty thousand (30,000) square feet. (b) With public water: twenty thousand (20,000) square feet. (c) With public water and sewer: ten thousand (10,000) square feet. B. In the Low -Density Residential Districts, to- wit, the A -C Agricultural -Conservation, R-80, R-120, R-200 and R-400 Districts, clustering is permitted and maybe mandated by the Planning Board in the exercise of discretion without the 10097 2-25-89 § 100-181 SOUTHOLD CODE § 100-181 requirement that the owner make written application for the use of such procedure. C. Determination of density and zoning modifications. (1) An application for cluster development shall include a map or maps showing the proposed cluster design or designs offered for consideration by the Planning Board, together with a map which shall be prepared for • consideration as a standard subdivision conforming to all requirements of the Zoning Code and Subdivision Regulations -33 of the Town of Southold. (2) The total building lot yield of the standard subdivision shall be used to determine the yield in the number of building lots which the Planning Board may grant in a cluster development. A cluster development design may be prepared for any contiguously owned holdings, whether or not they are separated by an existing street offering direct access to such holdings. In all other cases, the holdings shall be considered as separate parcels. (3) In a cluster development, lot area, width, depth, front yard, rear yard and side yards may be reduced to less than the minimum requirements set forth in the bulk schedule, provided that such modification or changes shall not result in a greater average density or coverage of dwelling units than is permitted in the zoning district wherein the land lies. D. The area of a cluster development shall be in a single ownership or under unified control. E. Prior to the issuance of a building permit in a cluster development, a site plan shall be submitted to and approved by the Planning Board in accordance with Article XXV of this • chapter and the following conditions: (1) Said site plan shall include areas within which structures may be located, the height and spacing of buildings, the location of open spaces and their landscaping, off-street open and enclosed (if any) . parking spaces and streets, 33 Editor's Note: See Ch. A 106, Subdivision of Land. 10098 .2- 25-89 r' - § 100-181 ZONING § 100-181 trails, site easements and recreation facilities, driveways and any other physical features relevant to the proposed plan and determined to be necessary by. the Planning Board. (2) Said site plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions. F. Nothing contained in this chapter, shall relieve the owner or his agent or the developer of a proposed cluster development from receiving final plat approval in accordance with the Town Subdivision R.egulations.34 In approving the final plat for a cluster development, the Planning Board may modify the acreage requirement for recreation areas as set forth in the town's rules governing subdivision review, provided that the common land dedicated meets all other requirements of the Town Subdivision Regulations. . G. Common areas. (1) The Planning Board shall establish such. conditions on the ownership, use and maintenance of common areas, including open space, as it deems necessary to assure the preservation of such areas for their intended purpose. Common areas and/or open space may either be retained by a condominium corporation or it may be deeded to a homeowners' or homes association comprised of the residents of the subdivision and reserved for their use or other mechanism acceptable to the Town Board and Town Attorney. Said common areas may be used for agricultural use, for passive recreational uses, for visual - amenity and/or nature study or for necessary accessory uses such as parking. • (2) A cluster development shall be organized as one (1) of the following: a condominium corporation; a homes or a homeowners' association approved by the Federal Housing Administration for mortgage insurance as--. a planned unit development and the Town Board; a homes association approved by the Town Attorney and Town 34 Editor's Note: See Ch. A106, Subdivision of Land. 10099 2-25-89 § 100-181 ZONING § 100-181 Board; or any other arrangements approved by the Town Attorney and Town Board as satisfying the intent of this chapter. Whenever a homes association is proposed, the Town.Board shall retain the right to review and approve the Articles of Incorporation and the charter and bylaws of said homes association and any amendments or revisions thereof and to require whatever conditions deemed necessary to ensure that the intent and purpose of this chapter is carried out. In consideration of said approval, the Town Board shall, in part, require the cluster development to meet the following conditions: (a) A homes association shall be established as a not-for- profit corporation operating under recorded land agreements through which each lot owner, and any succeeding owner according to the deed to each unit, is automatically a member and each lot is automat- ically subject to a charge for a proportionate share of the expenses for the organization's activities, including real property taxes and the maintenance of the common land and facilities. Each lot shall be subject to a lien in the event of nonpayment by the owner thereof of his proportionate share of the expenses for the association. (b) Title .to all common property shall be placed in the homes association or definite and acceptable assur- ance shall be given that it automatically will be so placed within a reasonable period of time. (c) Each lot owner shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common property. (d) Once . established and title to the common land is • conveyed to the homes association, all responsibility for 'operation and maintenance of the common land and facilities shall lie with the homes association. (e) 'D edication of all common' areas shall be recorded directly on the final plat and/or by reference on that plat to a dedication in a separately recorded 10100 - 2-25-89 § 100-181 ZONING § 100-181 document. Resubdivision of such areas is prohibited. The dedication shall: [1] Save the title to the common property to the homes association free of any cloud of implied public dedication. [2] Commit the developer to convey the areas to the homes association at an approved time. [3] Grant easement of enjoyment over the area to the lot owners, subject to restrictions as shall be imposed by recorded restrictive covenants. [4] Give to the homes association the right to borrow for improvements upon the security of the common areas. [5] Grant to the homes association the right to suspend membership rights for nonpayment of assessments or infraction of established rules. H. Covenants shall be established, limiting all lots to one -family use and all common lands to open space uses approved by the Town Board. No structures may be erected on such common lands except as shown on the approved site plan and approved by the Town Board. Such deed restriction or covenant shall specifically prohibit any development for other than open space or agricultural use on the specified open" land and/or conservation area. I. Each deed to each lot sold shall include by reference all recorded declarations and other restrictions, including assessments and the provision for liens for nonpayment of such. • J. The homes association shall be perpetual; it shall purchase insurance, pay taxes, specify in its charter and bylaws an annual homeowner's fee, make provision for assessments and provide that all such charges become a lien on each lot in favor of said association. The association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the 10101 2-25-89 § 100-181 SOUTHOLD CODE § 100-181 collection of any unpaid assessment in any court of competent jurisdiction. K. The developer shall assume all responsibilities as previously outlined for the homes association until a majority of the dwelling sites are sold, at which time the homes association shall be automatically established by the developer at the developer's expense and title to the common area conveyed by the developer to the homes association. L. Prior to plat approval, the developer shall file a performance bond with the Town Board to ensure the proper installation of all required improvements, including recreation improve- ments, and a maintenance bond to ensure the proper maintenance of all common lands until the homes association is established and title to the common lands is conveyed to the homes association. The amount and terms of said bonds and the form, sufficiency, manner of execution and sufficiency of the surety shall be approved by the Town Board and the Town Attorney. M. The certificate of incorporation of the organization and its bylaws shall contain the following provisions, and notice of said provisions shall be specifically given in any brochure or prospectus issued by the developer: (1) That such organization is established to own and maintain common open space or common elements and that, if such organization or any successor organization shall, at any time after title to such common land and other common elements is conveyed to it, fail to maintain the common open space and other common elements in reasonable order and condition in accordance with the plan proposed, the Town Board may cause a written • notice to be served by certified mail upon such organiza- tion, at its address as shown upon the last completed town assessment roll, or in the same manner upon the owners of the lots in such subdivision at their address as shown upon the last completed assessment roll, which such notice shall set forth: 10102 2-25-89 § 100-181 ZONING § 100-181 (a) The particulars in which the common open space and other common elements have not been main- tained in reasonable order and condition; (b) A demand that such deficiencies in maintenance shall be remedied within thirty (30) days from the date of such notice; (c) That, upon the failure to remedy such default in maintenance within the time specified, the Town Board will hold a hearing upon the matter upon not less than five (5) days' notice in writing sent by certified mail to such organization or to such lot owners; (d) That, after such hearing, the Town Board may take such action as it deems appropriate to provide for the proper maintenance of such common open space and common elements; and (e) That any and all costs and expenses incurred by the town for such purposes may be assessed upon all of the lots in such subdivision and be collected in the same manner and at the same time as real property taxes are collected in the Town of Southold. N. The Town Board, in order to ensure that the open space will be used for its intended purposes, shall have the continuing right to impose building controls and restrictions on the use and maintenance of the common open space lands. 0. Notwithstanding the foregoing, the Town Board may, in its discretion, accept an offer for dedication to the town of the open space and/or common lands created by use of the • provisions of this Article. [Added 3-14-89 by L.L. No. 3- 19891 10103 5-25-89 § 100-190 SOUTHOLD CODE § 100-191 ARTICLE XIX Parking and Loading Areas [Added 1-10-89 by L.L. No. 1-1989] § 100-190. Purpose. Regulations for off-street parking and truck loading areas are imposed in order to minimize traffic congestion, air pollution and the risk of motor vehicle and pedestrian accidents and to address aesthetic considerations. § 100-191. Off-street parking areas. A. Off-street parking spaces, open or enclosed, are permitted accessory to any use specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed below shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each use. For those uses not specified in the schedule, there shall be a periodic monitoring of off-street parking conditions to ensure that the purpose of this Article is satisfied. In addition, the Planning Board may waive all or a portion of these requirements within the Hamlet Business District where it shall find that municipal parking facilities within three hundred (300) feet of the proposed use will adequately serve the proposed use. Type of Use Accessory apartment in existing 1 -family dwelling Antique shop, auction gallery, arts and crafts shop and work- shop Required Number of Parking Spaces 1 per accessory apartment in . addition to 2 for 1 -family dwell- ing 1 per 250 square feet of sales area 10104 5-25-89 • • • § 100-191 Type of Use Apartment over store Auditorium, meeting hall Automobile laundry ZONING § 100-191 Required Number of Parking Spaces 1 per apartment in addition to business requirements 1 per 50 square feet of seating area, but not less than 1 per 4 seats where provided 1 per employee, plus a 10 -space queuing line area for each laun- dry bay 10104.1 (Cont'd on page 10105) 5-25-89 SUBDIVISION OF LAND Chapter A106 SUBDIVISION OF LAND • ARTICLE I General Provisions § A106-10. Authority of Planning Board. § A106-11. Declaration of policy. § A106-12. Short title; adoption. § A106-13. Definitions. ARTICLE II Procedures § A106-20: General requirements. § A106-21. Sketch plan. § A106-22. Approval of minor subdivision. § A106-23. Preliminary plat for major subdivision. § A106-24. Final plat for major. subdivision. § A106-25. Required improvements. § A106-26. Filing of final plat. § A106-27. Public streets; recreation areas. • ARTICLE III Design Standards § A106-30. Standards to be minimum requirements. § A106-31. General requirements. § A106-32. Street layout. § A106-33. Street design. A10601 8 -25 - 8a SOUTHOLD CODE § A106-34. Street names. § A106-35. Lots. § A106-36. Drainage improvements. § A106-37. Other improvements. § _ A106-38. Parks, open spaces, school sites and natural features. ARTICLE IV Documents to be Submitted § A10640. Sketch plan. § A10641. Minor subdivision plat. § A10642. Major subdivision preliminary layout. § A10643. Major subdivision plat. § A106-44. Accompanying documents and information. ARTICLE V Variances and Waivers § A106-50. Variations in cases of hardship. § A106-51. Waivers of required improvements. § A106-52. Board to impose conditions. § A106-53. Approval of Board, of Appeals actions. [HISTORY: Adopted by the Planning Board of the Town of Southold 9.6-67; approved by the Town . Board of the Town of Southold 9-26-67. Sections A106-13, A106-27, A106 -38F and • A10642A amended during codification; see Ch. 1, General Provisions, Article II. Other amendments noted where ap- plicable.] Soll removal — See Ch. 81. Wetlands — see Ch. 97. Zoning — See Ch. 100. GENERAL REFERENCES A10602- 8-25-83 § A106-10 SUBDIVISION OF LAND § A106-11 ARTICLE I (general Provisions § A106-10. Authority of Planning Board. By the authority of the resolution of the Town Board of the Town of Southold adopted on September 26, 1967, pursuant to the provisions of Article 16 of the Town Law of the State of New York, Chapter 63 of the Consolidated Laws of New York, the Planning Board of the Town of Southold is authorized and em- powered to approve plats, with or without streets, for sub- divisions within the limits of said town. § A106-11. Declaration of policy. It is declared to be the policy of the Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient and. economical development of the town. This means, among other things: A. That land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. B. That proper provision shall be made for drainage, water supply, sewerage and other needed improvements. C. That all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties. D. That the proposed streets shall compose a convenient system conforming to the Official Map, if such exists, and shall be properly related to the proposals shown on the Comprehensive Town Plan, as such may be in existence is from time to time, and shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection and to provide access of fire -fighting equipment to buildings. E. That proper provision shall be made for open spaces, in- cluding parks and playgrounds. A10603 r § A106-11 SOUTHOLD CODE § A106-13 F. That adequate provision shall be made to conserve the natural beauty of the town. G'. That an unusually detailed review shall be afforded to development plans for waterfront property. § A106-12. Short title; adoption. 0 In'order that land subdivisions may be made in accordance with this policy, these regulations, which shall be known as, and which may be cited as, the "Town of Southold Land Subdivision Regulations," have been approved by the Town Board on Sep- tember 26, 1967, and adopted by the Planning Board on Sep- tember 6, 1967. § A106-13. Definitions. For the purpose of these regulations, certain words and terms used herein are defined as follows: CONDITIONAL APPROVAL OF A FINAL PLAT — Approval by the Planning Board of a final plat subject to conditions set forth by the Planning Board in a resolution conditionally approving such plat. Such conditional ap- proval does not qualify a final plat for recording nor authorize issuance of building permits prior to the signing of the plat by a duly authorized officer of the Planning Board and recording of the plat in the office of County Clerk of Suffolk County. [Added 5-8-731 CROSSWALKWAY — A right-of-way dedicated to public use, ten (10) feet or more in width, which crosses a block to facilitate pedestrian access to adjacent streets and prop- erties. CUL-DE-SAC ( COURT) — A short street having one (1) end open to traffic and being permanently terminated by a vehicular turnaround. EASEMENT — A grant of the use of a strip of land by the public or by a corporation or persons for specific purposes. A10604 § A106-13 SUBDIVISION OF LAND § A106-13 ENGINEER or LICENSED PROFESSIONAL ENGINEER — A person licensed as a professional engineer by the State of New York. FINAL PLAT — A drawing prepared in a manner prescribed by these regulations, showing a proposed subdivision and containing, in such additional detail as • shall be provided by these regulations, all information required to appear on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of a preliminary plat of such proposed subdivision if such preliminary plat has been so approved. [Amended 5-8-731 FINAL PLAT APPROVAL — The signing of a final plat by a duly authorized officer of the Planning Board after a resolution granting final approval of the plat, or after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the Suffolk County Clerk's office. [Added 5-8-73] LOT — A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development. MAJOR SUBDIVISION — All subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of five (5) or more lots, or any subdivision requiring the construction of a new street or the extension of municipal facilities. MASTER OR TOWN PLAN — A plan for the develop- ment of all or portions of the Town of Southold, prepared by the Planning Board pursuant to Section 272-a of the Town Law, which plan indicates the general locations recommended for various public works, places and structures and the general physical development of the town, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts therein. MINOR SUBDIVISION — Any subdivision containing not more than four (4) lots fronting on an existing street or A10605 § A106-13 SOUTHOLD CODE § A106-13 not requiring the extension of municipal facilities, and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map or Zoning Ordinance, if such exists,' or these regulations. OFFICIAL MAP — The map established by the Town Board pursuant to Section 270 of the Town Law, showing • streets, highways, parks and drainage rights-of-way, both existing and proposed. PLANNING BOARD or BOARD — The Planning Board of the Town of Southold, Suffolk County, New York. PRELIMINARY PLAT — A drawing prepared in the manner prescribed by these regulations, showing the layout of a proposed subdivision, including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities ' unsized, including preliminary plans and profiles, at suitable scale and in such detail as these regulations require. [Amended 5-8-731 PRELIMINARY PLAT APPROVAL — Approval by the Planning Board of the layout of the proposed subdivision as set forth in a preliminary plat, but subject to the ap- proval of the plat in final form in accordance with the provisions of Subdivision 7 of Section 276 of the Town Law. [Added 5-8-731 SKETCH PLAN — A rough sketch of the preliminary layout (or final plat, in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Board as to the form of the I layout and pursuant to the objectives of these regulations. STREET — A way for vehicular and pedestrian traffic, whether designated as a street, road, avenue, lane or other way, located between right-of-way lines. I STREET, LOCAL SERVICE — A street running parallel to and in the immediate vicinity of a major highway for the 1 Editor's Note: See Ch. 100, Zoning. A10606 § A106-13 SUBDIVISION OF LAND § A106-13 purpose of relieving traffic on the major highway at the points of crossing. STREET, MAJOR — A street or highway of great con- tinuity which serves or is intended to serve as a major traffic artery within the town or county, or both, and which is is designated on the Town Plan as a main arterial highway, major thoroughfare, parkway or other equivalent term to identify those streets comprising the basic structure of the street plan. STREET, MINOR — A street supplementary to a major street and of limited continuity which serves or is intended to serve the local needs of a neighborhood or a section thereof. STREET OR RIGHT-OF-WAY WIDTH — The distance between property lines, measured at right angles to the center line of the street. STREET, SECONDARY — A street or road of con- siderable continuity which serves or is intended to serve as the principal or collector trafficway between large and separated areas or districts and which is the main means of access to the major street or primary road system. SUBDIVIDER or APPLICANT — Any person, firm, corporation, partnership or association who shall lay out, for the purpose of sale or development, any subdivision or part thereof, as defined herein, either for himself or others. SUBDIVISION [Amended 9-23-801: A. The division of any parcel of land into two (2) or more lots, plots, blocks, sites or other divisions of land, with or without streets or highways, including any ex- tension of any existing street, for the purpose, whether immediate or future, of sale or building development, and including resubdivision; provided, however, that the term "subdivision" shall not include the setoff or creation of a single lot from a parcel of land, provided that before any such setoff or creation shall take place, the owner shall submit such proposal to the Planning Board for its approval and determination of whether such setoff or creation constitutes a subdivision. In A10607- 5-25-87 § A10643 SOUTHOLD CODE § A106-13 making such determination, the Planning Board shall give consideration, among other things, to: (1) Whether the lot to be set off is of such character as to be suitable for the intended purpose without danger of flood or other perils. (2) Whether adequate provision is or will be made for • drainage, water supply, sewer disposal and other necessary utilities and improvements. (3) Whether the lot to be set off is of such size as to conform with the present or future development of neighboring lands. f (4) Whether the proposed set off will be consistent with the present or future street layout of the neighborhood. (5) Whether the proposed set off will require the extension of municipal facilities or services. i (6) Whether the proposed set off will be in harmony with the future growth and development of the town. (7) Whether adequate means of access and off-street parking are provided. (8) Whether the proposed set off will adversely affect the present or future uses of neighboring lands. i B. If the Planning Board grants approval to set off a lot as hereinbefore provided, it may impose such con- ditions as it deems necessary or appropriate. C. An application to the Planning Board to set off a lot as herein provided shall be accompanied by a fee of two • hundred fifty dollars ($250.). [Added 4-19-83; amended 3-10-87] j SUPERBLOCK — A block of exceptionally large size in both dimensions, with access to interior lots by cols -de -sac branching in from surrounding streets and providing one (1) or more open spaces. SURVEYOR — A person licensed as a land surveyor by the State of New York. A10608 .5-25-87 r § A106-20, SUBDIVISION OF LAND § A106-21 ARTICLE II Procedures § A106-20. General requirements. Before making any offer to sell, or before entering into a con- • tract for.the sale of, any part of a proposed subdivision, and before any permit for the erection of a structure, removal of topsoil or for dredging any channel in such subdivision shall be granted, and before undertaking - any land clearance, grading or channel dredging operations,a the subdivider shall apply to the Planning Board for approval of. such proposed subdivision in accordance with the requirements and pursuant to the procedures set forth in these regulations. § A106-21. Sketch plan. A. Submission of, sketch plan. The applicant shall submit to the Planning Board at least two (2) weeks prior to the regular meeting of the Board twelve (12) copies of the sketch plan of the proposed subdivision, with road profiles and topographic elevations at five-foot contours and the proposed drainage areas. Such plan shall comply with the requirements of Article IV, § A106-40. [Amended 5-8-1973] i (1) All applications for sketch plan approval for a minor subdivision shall be accompanied by a fee of five hundred dollars ($500.) per lot, together with an inspection fee of one thousand dollars ($1,000.). [Added 4-23=1991 by resolution] (2) All applications for sketch plan approval for a major subdivision filed with the Town Clerk shall be accompa- nied by a fee of one thousand dollars ($1,000.), plus one hundred dollars ($100.) per acre or part thereof in the proposed subdivision. An inspection fee equal to six percent (60/6) of the amount of the approved performance bond must be paid after approval of the bond amount by the Town Board and before final approval of the plat. [Added 4-23-1991 by resolution] 7 Editor's Note: see also Ch. 81, Soil Removal, and Ch. 97, wetlands. A10609 5-25-91 § A106-21 SOUTHOLD CODE § A106-22 B. Discussion of improvements, requirements and classification. (1) At its meeting with the applicant, the Planning Board should discuss the objectives of these regulations and the requirements for street improvements, drainage, sewerage, water supply, fire protection and other similar aspects. In addition, the review will cover the availability of existing services and other pertinent information. (2) At this meeting, the Planning Board shall classify the proposed subdivision as a minor or major subdivision, as defined in these regulations. However, when it deems it necessary for protection of the public health, safety and welfare, the Board may require that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If a proposed subdivision is classified and approved as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article II, § A106-22, of these regulations. If it is classified as a major subdivision, the subdivider shall comply with the procedures outlined in Article II, §§ A106-23, A106-24 and A106-25. C. Study of sketch plan. The Planning Board shall determine whether a subdivision sketch plan meets the purposes of these regulations. Any changes to be made on the proposed subdivision map required by the Planning Board shall be submitted, in writing, to the applicant or his duly authorized representative. All such changes shall be in- corporated in the applicant's 'next submission to the Planning Board. is § A106.2i. Approval of minor subdivision. A. Application. [Amended 4-23-1991 by resolution] (1) Within six (6) months after the approval of the sketch plan by the Planning Board, the subdivider shall A10610 5-25-91 • § A106-22 SUBDIVISION OF LAND § A106-23 submit an application for approval of a final plat. If such application is not received within six (6) months, the Planning Board approval of the sketch plan shall expire. The plat shall follow the .layout of the sketch plan, as approved by .the Board, plus any recom- mendations made by the Planning Board. Said ap- plication shall also conform to the requirements listed in Article IV, § A106-41. (2) (Reserved) B. Number of copies. Six (6) copies of the final plat shall be presented to the Planning Board at least two (2) weeks prior to a regularly scheduled Planning Board meeting. C. Subdivider to attend Planning Board meeting. The sub- divider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the final plat. D. When officially submitted. The final plat shall be con- sidered officially submitted only when all the surveys, plans, required certifications and signatures and other data required in Article IV, § A106-41, are submitted complete and in good form, together with the application and fee, at regular meeting of the Planning Board. E. Public hearing. Before. the Planning Board shall act on the final plat, it shall hold a public hearing in accordance with § 276 of the Town Law. F. Action on subdivision plat. The Planning Board shall, within forty-five (45) days from the public hearing date, approve, approve with modification or disapprove the final plat. § A106-23. Preliminary site plan for major subdivision. [Amended 5-8-19731 A. Application. [Amended 4-23-1991 by resolution] (1) Prior to the filing of an application for the approval of A major subdivision plat, the subdivider shall file with the Town Clerk an application in duplicate for the A10610.1 5-25-91 § A106-23 SOUTHOLD CODE § A106-23 approval of a preliminary plat of the proposed sub- division, in the form prescribed in Article IV, § A106- 42. The preliminary plat shall comply with the re- quirements set forth in these regulations, including Article IV, § A106-42,' and §§ 276 and 277 of the Town Law. (2) (Reserved) (Cont'd on page A10611) A10610.2 5-25-91 11 § A106-23 SUBDIVISION OF LAND § A106-23 B. Number of copies. Twelve (12) paper prints of the preliminary plat and the duplicate application shall be filed with the Town Clerk at least two (2) weeks prior to a regularly scheduled Planning_ Board meeting. The Clerk shall immediately forward to the Planning Board four (4) prints of the plat and a copy of the application. • C. Subdivider to attend Planning Board meeting. The subdivider or his ' duly authorized representative shall attend the meeting of the. Planning Board to discuss the preliminary plat. D. Study of preliminary plat. (1) The Planning Board shall study the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, channels, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands and the requirements of the Master Plan, the Official Map and Zoning Ordinance, if such exist.' (2) The Town Superintendent of Highways will'review all above aspects of the design of the proposed subdivision, including a field check, and submit a report to the"Planning-Board with his recommenda- tions prior to the scheduled meeting. _ E. Hearing and action on preliminary plat. (1) Within forty-five (45) days after the receipt of such -preliminary plat by the Clerk, the Planning Board shall hold a public.hearing thereon, notice of which shall be provided pursuant to Chapter 58. [Amended 12-27-1995 by L.L. No. 25-19951 1 Editor's Note: See Ch. 100, Zoning. A10611 1-25-96 i § A106-23 SOUTHOLD CODE § A106-24 (2) Within forty-five (45) days after the date of such hearing, the Planning Board shall approve, with or without modification, or disapprove such preliminary plat, and the ground for a modification, if any, or the ground for disapproval shall be stated upon the records of the Planning Board. Notwithstanding the foregoing provisions hereof, the time in which the Planning Board must take action on such plat may be extended by mutual consent of the owner and the Planning Board. When approving a preliminary plat, the Planning Board shall state in writing modifications, if any, that it deems necessary for submission of the plat in final form. (3) Within five (5) days of the approval of such preliminary plat, it shall be certified by the Clerk of the Planning Board as having been granted preliminary approval, and a copy shall be filed in his office and a certified copy mailed to the owner. (4) Within six (6) months of the approval of the preliminary plat, the owner must submit the plat in final form. If such plat is not so submitted, approval of .the preliminary plat may be revoked by the Planning Board. § A106-24. Final plat for major subdivision. [Amended 5-8-19731 A. Application for approval. (1) The subdivider shall, within six (6) months after the approval of the preliminary plat, file with the Town Clerk an application in duplicate for final plat approval of all or part of the proposed subdivision, using the approved application blank. Thus, the subdivider may develop the subdivision in progressive stages instead of in its entirety. But no subdivision or portion thereof shall be considered A10612 1-25-96 § A106-24 SUBDIVISION OF LAND § A106-24 unless it has frontage on a public street or abuts an existing street on the town's Official Map or an approved street for which a bond has been filed. (2) Failure to submit all or a portion of the final plat for final plat approval within six (6) months shall automatically cancel the preliminary plat approval, unless a request for an extension of time is granted by the Planning Board. Such extension shall be granted only if the proposed subdivision fully conforms to the zoning regulations in effect at the time such extension is applied for. B. Number of copies and date of official submission. In order for a final plat to receive Planning Board approval, the documents listed in Article IV, § A106-43 shall be filed with the Town Clerk, in good form, at least two (2) weeks in advance of the regular meeting at which it is to be considered officially submitted. The Clerk shall immediately forward such maps to the Planning Board, which shall forward one (1) copy to the Town Board Highway Committee. ` C. Endorsement of state and county agencies. Water and sewer facility proposals contained in the final plat shall be properly approved and endorsed by the required county agencies, which such approval and endorsement shall be secured by the subdivider before official submission of the final plat. Three (3) cloth prints of the proposed final plat shall be submitted to said county agencies, together with all other necessary details required by the Planning Board. In addition, applications for approval of plans for sewers or water facilities will be filed by the subdivider with all necessary town, county and state agencies. D. Reports of Town Superintendent of Highways and Planning Board Engineer. Within thirty (30) days after said plat is submitted for final approval, the Superinten- dent shall submit a report to the Planning Board on the highways in the proposed subdivision. The Planning A10613 1-25-96 § A106-24 SOUTHOLD CODE § A106-24 Board's Engineer shall, within said period of time, submit a detailed list of all improvements and construction items and an estimate of the cost of construction. E. Public hearing. Within forty-five (45) days of the submission of a plat in final form for approval by the Planning Board, a hearing shall be held by the Planning Board thereon, notice of which shall be provided pursuant to Chapter 58; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with the preliminary plat approved and modified in accordance with requirements of such approval, if such preliminary plat has been approved with modification, the Planning Board may waive the requirements for such public hearing. [Amended 12-27-1995 by L.L. No. 25-19951 F. Action on final plat. (1) Within forty-five (45) days after the date of the hearing on said final plat, or in the event that such hearing was waived, within forty-five (45) days of the submission of the plat in final form for approval, the Planning Board shall, by resolution,. conditionally approve, conditionally approve .with or without modifications, disapprove or- grant final approval and authorize the signing of such plat. Notwithstanding the foregoing provisions hereof, the time in which- the Planning Board - must take action on such plat may be extended by mutual consent of the owner and the Planning Board. (2) In the resolution granting conditional approval of such final plat, the Planning Board shall empower a duly authorized officer to sign the plat subject to completion of such requirement as may be stated in the resolution. Within five (5) days -of such resolution, the plat shall be certified by the Clerk of the Planning Board as conditionally A10614 1-25-96 § A106-24 SUBDIVISION OF LAND § A106-24 approved, and a copy shall be filed in his office and a certified copy mailed to the owner, including a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board. • Conditional approval of a final plat shall expire within one hundred eighty (180) days after the date of the resolution granting conditional approval unless such requirements have been certified as completed. Notwithstanding the foregoing, the Planning Board may extend the time in which a conditionally approved plat in final form must be (Cont'd on page A10615) 0 A10614.1 1-25-96 1�. § A106-24 SUBDIVISION OF LAND § A106-25 submitted for signature, if in its opinion such in- tention is warranted by the particular circumstances thereof, for not to exceed two (2) additional periods of ninety (90) days each. - (3) In all cases where the Planning Board requires the • furnishing of a performance bond, the final plat shall not be signed until such bond has been approved by the Town Board and a certified copy of the Town Board resolution approving the same is filed with the Clerk of the Planning Board. § A106-25. Required improvements. A. Waiver of required improvements. The Planning Board may waive the provision of any or all such improvements and requirements as, in its judgment of the special cir- cumstances of a particular plat or plats, are not requisite in �r the interests of the public health, safety and general J welfare. In the case of each waiver granted, the Planning Board shall enter upon its records the reason why the particular improvement is not necessary and it shall attach appropriate conditions or require such guaranties as may be necessary to protect the public interest. A waiver of any requirements by the Planning Board shall not become effective until approved in writing by the Town Board Highway Committee. [Amended 5-5-731 B. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Town Superintendent of Highways that the unforeseen conditions make it necessary or preferable to modify the location or design of such required im- provements, the Superintendent may, with consent of the Planning Board and upon written request of the sub- divider, authorize the modifications, provided these modifications are within the spirit and intent of the Planning Board's approval. The Superintendent, in issuing an authorization under this subsection, shall do so in writing and shall transmit a copy of such authorization to A10615 i; I A106-25 SOUTHOLD CODE § A106-25 the Planning Board and Town Board Highway Committee at their next regular meeting. [Amended 5-8-731 G. Inspection of improvements. In order to assure that all town specifications and requirements are met during the construction of all required improvements, and to assure the satisfactory completion of improvements and utilities as required by the Planning Board, a construction in- • spector representing the Board shall inspect the im- provements during the progress of construction. It shall be the duty of the subdivider to notify the Planning Board and Highway Department two (2) days prior to the commencement or completion of any work on each stage or operation of the construction of improvements. Said construction inspector shall, after completion of con- struction, certify to the Planning Board that all required improvements have been constructed as required by the Board. In addition, the subdivider shall furnish a certified set of drawings showing all improvements as constructed, in the same detail as required for the approved final plat, including the method of installation. [Amended 11-7-68 and 5-8-73] .D. Utilities required. The subdivider shall submit to the i Planning Board a letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision. Such letter shall state that the utility com- pany will make the installations necessary for the fur- nishing of its services. E. Proper installation of improvements. If the construction inspector shall find, upon inspection of the improvements F performed before the expiration date of the performance j bond, that any of the required improvements have not been constructed in accordance with plans and specifications • filed by the subdivider, he shall so report to the Town Board, Building Inspector and Planning Board. The Planning Board then shall notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the town's rights under the terms of the bond. A10616 c • § A106-25 SUBDIVISION OF LAND § A106-25 F. Safeguards during construction. In order to prevent flooding, erosion or any other dangerous or hazardous condition from occurring during the progress and com- pletion of required improvements, the Planning Board may require the developer or his contractor to take such action, including the construction and/or installation of temporary facilities; as the construction inspector may recommend. [Added 4-22-80] (Cont'd on page A10617) A10616.1 8-25-80 § A106-26 SUBDIVISION OF LAND § A106-27 § A106-26. Filing of final plat. A. Final approval and filing. Upon completion of the above requirements and notation to the effect upon the final plat, it shall be deemed to have final approval, and the plat shall be properly signed by the appropriate officer of the Planning Board and shall be filed by the applicant in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date upon which such final plat is approved or considered approved by reasons of failure of the Planning Board to act shall become null and void. [Amended 5-8-1973; 1-23-1990] B. Plat void is revised after approval. No changes, erasures, modifications or revisions shall be made in any final plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless the said plat is first resubmitted to the Planning Board and such Board approves said modifications. In the event that any such final plat is recorded without complying with this requirement, the same shall be considered null and void, the Building Inspector shall not issue building permits and the town shall institute proceedings to have the plat stricken from the records of the County Clerk. § A106-27. Public streets; recreation areas. A. Public acceptance of streets. The approval by the Planning Board of a final plat shall not be deemed to constitute or be evidence of any acceptance by the town of any street, right-of- way or easement shown on such final plat. The applicant shall comply with all town rules and regulations regarding the dedication of highways.4 (See Section 278 of the Town Law as amended.) 0B. Ownership and maintenance of recreation areas. When a park, playground or other recreation area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the town of such area. The Planning Board may require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a 4 Editor's Note: Specifications for highways to be accepted by the town are on file in the office of the Town Clerk and are available for inspection during regular office hours. A10617 3-25-90 § A106-27 SOUTHOLD CODE § A106-27 written agreement, in proper form for recording in the County Clerk's office, between the applicant and the Town Board covering future title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area. C. Future status of streets, parks and easements. Acceptance of formal offers of cession of streets, easements and parks shall rest with the Town Board. In the event that the applicant shall elect not to file the plat in the office of the County Clerk within the required period, then such formal offers of cession shall be deemed to be void. D. Improvements required before buildings in subdivision may be occupied. Where a permit is desired for the occupancy of a building in the subdivision prior to the completion of the improvements as required in the Planning Board's approval of the final plat, the street serving the proposed building shall be completed to a degree satisfactory to the Planning Board and Town Superintendent of Highways. In general, the extent of said street improvements shall be adequate for vehicular access by the prospective occupant and by police and fire equipment prior to the issuance of an occupancy permit. Where such permit has been issued, the street shall be maintained by the subdivider in such satisfactory condition. E. Plats straddling municipal boundaries. Whenever access to the subdivision is required across land in another municipality, the Planning Board may request assurance from the Town Attorney that access is legally established and from the Superintendent of Highways that the access road is adequately improved, or that a performance bond has been duly executed and is sufficient in amount to assure the construction of the access road. In general, lot lines should be laid out so as not to cross town boundary lines. (Cont'd on page A10619) A10618 3-25-90 § A106-30 SUBDIVISION OF LAND § A106-32 ARTICLE III Design Standards § A106-30. Standards to be minimum requirements. In considering applications for subdivision of land, the Plan- ning Board shall be guided by the standards set forth hereinafter. The said standards shall be considered to be minimum requirements. § A106-31. General requirements. A. Character of land. Land to be subdivided for building purposes shall be of such a character that it can be used safely without danger to the residents from any menace. B. Conformity to Official Map and Master Plan. Any sub- division shall conform to the Official Map of the town, if such exists, and shall be in harmony with the Master Plan. C. Specifications for required improvements. All required improvements shall conform to the town specifications, which may be obtained from the Town Clerk. Where ap- proval of the New York State and/or Suffolk County Departments of Public Works and Health are required, specifications for required improvements may be obtained from the respective agencies. § A106-32. Street layout. A. Width, location and construction. Streets shall be of • sufficient width of not less than fifty (50) feet, suitably located and adequately constructed to conform to the Southold Town Highway Specifications and with the Master Plan, if such exists, and to accommodate the prospective traffic and afford access for fire fighting, snow removal and other road maintenance equipment. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to compose a convenient system. [Amended 5-8-73] A10619 § A106-32 SOUTHOLD CODE § A106-32 R Arrangement. The arrangement of streets in the sub- division shall provide for the continuation of major streets of adjoining areas and for proper projection of such streets into adjoining properties in order to make possible necessary fire protection,, movement of traffic and con- struction or extension, presently or when later required, of needed utilities and public services, such as sewers and • water drainage facilities. Where, in. the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified upon written approval of the Town Superintendent of Highways and the Town Board Highway Committee. [Amended 5-8-73] C. Minor streets. Minor streets shall be so laid out that their use by through traffic will be discouraged. D. Special treatment along major streets. Where a subdivision abuts or contains an existing or proposed major street, the Board may require local service streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through from local traffic. E. Provision for future resubdivision. Where a tract is sub- divided into lots substantially larger than the minimum size required in the zoning district in which the subdivision is located, the Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations.5 !F. Dead-end streets. The creation of dead-end or loop residential streets will be encouraged wherever the Board • finds that such type of development will not interfere with normal traffic circulation in the area, provided that interior parks are covered by appropriate covenants as to main- tenance. In the case of dead-end streets, where needed or desirable, the Board may require the reservation of a ten - 5 !Editor's Note: For provisions regarding lot sizes in the various zoning districts, see Ch.I 100, Zoning. i A10620 r r § A106-32 SUBDIVISION OF LAND § A106-32 foot -wide easement to provide for continuation of pedestrian traffic and utilities to the next street. Sub- divisions containing twenty (20) lots or more shall have at least two (2) street connections with existing public streets or streets shown on the Official Map, if such exists, or streets on a recorded final plat. • G. Block size. (1) Blocks shall not be exclusively long. Blocks, generally, shall not be less than four hundred (400) feet in length nor more than one thousand two hundred (1,200) feet in length. In general, the width of a block shall not be less than twice the normal lot depth. (2) In blocks exceeding eight hundred (800) feet in length, the Planning Board may require the reservation of a ten -foot -wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic, where needed or desirable, and may further specify, at its discretion, that a four -foot -wide paved footpath be included. The Planning Board shall require the proper maintenance of any such easement. (3) Irregularly shaped blocks, including superblocks, indented by culs-de-sac and containing interior spaces, will be acceptable when properly designed and coordinated with the overall plat and when adequate provision for the maintenance and ownership of public areas is provided for. H. Intersections with major streets. Minor or secondary street openings into a major street shall, in general, be at least five hundred (500) feet apart. • I. Street jogs. Street jogs with center -line offsets of less than one hundred twenty-five (125) feet shall generally not be permitted. J. Angle of intersection. In general, all streets shall join each other so that for a distance of at least one hundred (100) feet a street is approximately at right angles to the street it joins. A10621 7-25-89 § A106=32 SOUTHOLD CODE § A106-33 K. Relation to topography. The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as Possible at or below the grade of the streets. Grades of streets shall conform as closely as possible to the original topography. [Amended 5-8-731 L, Other required streets. Where a subdivision borders on or ' contains a railroad right -of way or a major street right-of- way, the Planning Board may require a street ap- proximately parallel to and on each side of such right-of- way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential dis- tricts or for commercial or industrial purposes in ap- propriate districts). Such distances shall also be deter- mined with due regard for the requirements of approach grades and future grade separations. § A106-33. Street design. A. Widths. [Amended 6-6-89] (1) Widths of rights -0f --way. Streets shall have the following widths. When not indicated on the Master Plan or Official Map, the classification of streets shall be determined by the Board. Minimum Right -of -Way Type of Street (feet) Major 100* Secondary or, collector 80* Minor 50* * NOTE: Except when the Master Plan specifies a greater or lesser width. '(2) Width of pavement within rights-of-way. All minor { streets in major subdivisions shall be twenty-eight (28) i A10622 7-25-89 • § A106-33 SUBDIVISION OF LAND § A106-33 feet in width. However, where it is determined that such width is not needed, the Planning Board, in its discretion, may designate that the width be reduced to twenty-four (24) feet in width, provided that the subdivider agrees to covenant that the individual lots will be so designated as to accommodate all off-street parking [at the rate of four (4) spaces per lot, not including each garage space]. (3) Subdivision roads built to either the twenty-eight- or twenty -four -foot road width shall meet the specifications set forth in Chapter A108, Article III, including Standard Drawing Nos. SD -854A and SD -854M.1 B. Improvements. Streets shall be graded and improved with pavements, curbs and gutters, sidewalks, drainage facilities, water mains, sewers, streetlights and street signs, street trees and fire hydrants and/or firewells. Firewells shall have an eight -inch casing and a twenty -foot stainless steel screen and shall have a pumping capacity of three hundred fifty (350) gallons per minute. There shall be a depth of water of at least forty (40) feet. The number and location of fire hydrants and/or firewells shall be de- termined by the Planning Board. In making such deter- mination, the Planning Board may seek the recom- mendation of the Commissioners of the Fire District in which the proposed subdivision is located. Notwith- standing the foregoing, upon request, the Planning Board, upon written approval of the Superintendent of Highways and the Town Board Highway Committee, may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety and general welfare. Pedestrian easements shall be improved as required by the Planning Board. Such grading and improvements shall be approved as to design • and specifications by the Town Superintendent of High- ways and the Town Board Highway Committee. [Amended 5-8-73; 12-9-75; 4-22-801 I Editor's Note: Department of Highways Standard Drawings are included at the end of Ch. A108, Highway Specifications. A10623 7-25-89 § A106-33 SOUTHOLD CODE § A106-33 C. Major subdivisions. [Added 10-18-88;2 amended 6-6-89] (1) In a major subdivision, the roads shall be built to specifications stated in Chapter A108, Article III. (2) In a major subdivision where the number of lots to be serviced by a proposed street is four (4) or fewer and, further, there is no likelihood of the street servicing more than four (4) lots, the Planning Board, at its discretion, may waive the major road specifications as they are set • forth in Chapter A108, Article III, and, in their place, may substitute alternate road specifications as set forth in § A108 -42B. D. Utilities in streets. The Planning Board may require that 'underground utilities. be placed in the street right-of-way between the paved roadway and the street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service con- nections to the property line of each lot within the sub- division for such required utilities before the street is paved. Such underground utilities shall be located within the sidewalk area. [Amended 5-8-731 E. Utility easements. Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements at least twenty (20) feet in width shall be otherwise provided with satisfactory access to the street. Wherever possible easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared, graded and seeded where required. [Amended 5.8-731 F. Steep curves; visibility at intersections. Sharp curves shall be avoided. In order to provide visibility for traffic safety, that portion of any corner lot, whether at an intersection entirely • within the subdivision or of a new street with an existing street, which is shown shaded on Sketch A, shall be cleared of 2 Editor's Note: This resolution also redesignated former Subsection C, D, E, F, G, H and I as Subsections D, E, F, G, H, I and J, respectively. A10624 7-25-89 § A106-33 SUBDIVISION OF LAND § A106-33 all growth (except isolated trees) and obstructions above the level three (3) feet higher than the center line of the street. If directed by the Planning Board, the subdivider shall regrade this area. • 0 CY • 20' SKETCH A [Amended 5.8-731 (Cont'd on page A10625) A10624.1 7-25-89 § A106-33 SUBDIVISION OF LAND - § A106-33 G. Dead-end streets. Where dead-end streets are designed to be so permanently, they should, in general, not exceed eight hundred (800) feet in length and shall terminate in a circular turnaround having a minimum right-of-way radius of fifty (50) feet and pavement radius of forty-four (44) feet, curb to curb. At the end of temporary dead-end streets, a temporary ® turnaround with a pavement radius of forty-four (44) feet, curb to curb, shall be provided, unless the Planning Board approves an alternate arrangement. [Amended 5-8-73] H. Watercourses. (1) Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all ' lots by means of culverts or other structures of a design approved by the Town Superintendent of High- ways. (2) Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Town Superintendent of Highways. [Amended 11-7-68] (3) Necessary drainage structures must be provided to receive all runoff waters from natural drainage- areas outside of the subject subdivision which will in any way tend to create a drainage problem within the subdivision area. [Added 11-7-68] I. Streets or loading space in commercial developments. Paved rear -service streets of not less than twenty (20) feet in width, or in lieu thereof, adequate off-street loading space, suitably surfaced, shall be provided in connection with lots designed for commercial use. • J. Free flow of vehicular traffic abutting commercial develop- ments. In front of areas zoned and designed for commercial use, or where a change of zoning to permit a commercial use is contemplated, the street width shall be increased by such amount on each side as may be deemed necessary by the Board to assure the free flow of through traffic without A10625 2-25-89 § A106-33 SOUTHOLD CODE § A106-35 interference by parked or parking vehicles and to provide adequate and safe parking space for such commercial or business district. § A106-34. Street names. A. Type of name. All streets shown on a preliminary layout or final plat shall be named by the developer and be subject to approval of the Planning Board. Streets shall have names and not numbers or letters (such as "1st," "First" or "A" Street). B. Names to be substantially different. Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names, except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name. Generally, no street should change direction by more than ninety degrees (90°) without a change in street name. § A106-35. Lots. A. Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with the Zoning Ordinances there will be no foreseeable difficulties for reasons of topography or other natural conditions. B. Side lines. All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a variation from this rule will give a better street or lot plan. C. Corner lots. Corner lots shall be of sufficient dimensions so that any structure placed thereon shall conform to the building setback line of each street. D. Driveway access. Where practicable, corner lots shall be so laid out that their driveways have access to that street which carries or is intended to carry the lesser amount of traffic. E. Monuments and lot corner markers. Permanent monuments meeting specifications approved by the Town Superintendent a Editor's Note: See Ch. 100, Zoning. A10626 2-25-89 § A106-35 SUBDIVISION OF LAND § A106-36 of Highways as to size, type and installation shall be set at such block corners, angle points, points of curves in streets and other points as the Town Superintendent of Highways may require, and their location shall be shown on the final plat. § A106-36. Drainage improvements. ® A. Removal of spring and surface water. The subdivider may be required by the Planning Board to carry away by pipe or open ditch any spring or surface water that may exist either previous to or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way, where feasible, or in perpetual unobstructed easements of appropri- ate width. B. Drainage structure to accommodate potential development. A recharge basin, culvert or other drainage facility (Cont'd on page A10627) • A10626.1 2-25-89 § A106-36 SUBDIVISION OF LAND § - A106-37 shall, in each case, be large enough to accommodate potential runoff from its entire drainage area, whether inside or outside the subdivision. The Town Superin- tendent of Highways, the Town Board Highway Com- mittee and the Planning Board shall approve the design and size of facility based on anticipated runoff from a six- inch rainfall in twenty-four (24) hours' storm under con- ditions of total potential development permitted by the Zoning Ordinance' in the watershed. [Amended 5-8-731 C. Land subject to flooding. Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation. D. Drainage requirements. The subdivider shall be required to install the facilities for the drainage of streets and lots as required by the Town Superintendent of Highways. Such drainage facilities, including recharge basins, to be in- stalled within the plat area, shall be constructed and completed prior to the installation of any other street improvements required on the plat. All such drainage structures shall be maintained in good operating condition until such time as the land is dedicated and released to the town. All stormwater must be returned to the soil and under no condition should it be allowed to run off into salt water. E. Fencing of recharge basins. All recharge basins shall be fenced prior to excavation. All fencing shall be constructed in accordance with requirements and specifications available from the Town Superintendent of Highways. § A106-37. Other improvements. A. Sanitary sewer facilities and sanitary sewer districts. The subdivider shall install sanitary sewer facilities in a manner 7 Editor's Note: See Ch. 100, Zoning. A10627 § A106-37 SOUTHOLD CODE § A106-38 prescribed by the applicable county agencies. Necessary action shall be taken by the developer to enable the Town Board to extend or create a' sanitary sewer district for the purpose of providing sanitary sewers to the subdivision. [Amended 5-8-731 B. Street signs. Street identification signs of a type approved by the Superintendent of Highways shall be provided by • the subdivider and placed at all intersections in locations within the right-of-way approved by the Superintendent of Highways. C. Streetlighting standards. Where required by the Planning j Board, streetlighting standards of a design conforming to the town specifications shall be placed in a manner and location approved by the Town Superintendent of High- ways and the Town Board Highway Committee. In the case of a subdivision involving a county or state highway, approval shall be obtained from the appropriate highvyay agency. [Amended 5-8-731 § A106-38. Parks, open spaces, school sites and natural features. A. Recreation standards. The Planning Board may require that land be reserved for parks and playgrounds or other recreation purposes in locations designated on the Town Plan or Official Map, or otherwise where it deems that such reservations would be appropriate. Each reservation shall be of suitable size, dimension, topography and general character and shall have adequate road access for the particular purposes envisioned by the Planning Board. The area shall be shown and marked on the plat, "Reserved for Recreation Purposes." When recreation areas are required, the Planning Board shall determine the number of acres to be reserved on the basis of providing five (5) acres of recreation area for every one hundred (100) families or dwelling units. [Amended 5-8-731 .B. • Minimum size of park and playground reservations. In general, land reserved for recreation purposes shall have an area of at least four (4) acres: When the reservation in any A10628 i § A106-38 SUBDIVISION OF LAND § A106-38 particular subdivision would create less than four acres, the Board shall require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjoining land is subdivided. • C. Recreation sites. Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield or other recreation purpose and shall be relatively level and dry. All land to be reserved for dedication to the town for park purposes shall have prior approval of the Town Board. D. Other recreation reservations. None of the subsections above shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section. E. Alternate procedure: money in lieu of land. (1) Where the Planning Board deems that a reservation of land would be inadequate in size for park or playground use, either alone or.in conjunction with abutting reservations on adjoining subdivisions, the Planning Board may waive the requirement for such reservations, with the condition that the applicant deposit with the Town Board a cash payment in lieu of land reservation. Such deposit shall be placed in a special fund as required by Section 277 of the. Town Law, as amended, and separately identified to show the name and location of the subdivision for which the deposit was made. (2) Such deposit shall be used by the town for a neighborhood recreation area, including the acquisition of property. Such deposit must be used within a reasonable period of time and any such expenditure must be for facilities that will be actually available to and benefit the persons in said subdivision and be located in the vicinity of the subdivision. A10629 3-15-2001 § A106-38 SOUTHOLD CODE § A106-38 (3) The amount to be deposited with the Town Board shall be $5,000 per lot for each vacant lot in the subdivision. For the purpose of this section, a "vacant lot" shall be construed as a lot that does not contain an existing residential structure at the time the subdivision receives final approval. In a subdivision containing lots designated as affordable • pursuant to the town's affordable housing code, those lots so designated shall be exempt from this computation. [Amended 5-22-1990; 2-27-2001 by L.L. No. 5-20011 F. School sites. Upon receipt from the School Board of a letter declaring its interest in a school site of a specific size and location within a proposed subdivision, the Planning Board may require a subdivider to set aside such area. Upon the failure .of the proper authorities to purchase such school site within 36 months after the date of the approval of the plat, the subdivider, upon application to the Board and approval of such application, shall be relieved of the responsibility of showing such land for public purposes. G. Reserve strips prohibited. Reserve strips of land which might be used to control access from the proposed subdivision to any neighboring property or to any land -within the subdivision itself shall be prohibited. H. Preservation of natural features. The Planning Board shall, wherever possible, encourage the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses, beaches, historic spots, vistas and similar irreplaceable assets. In general, all trees on the site, except those situated within proposed areas for building sites, driveways and utility lines and for a distance of 10 feet therefrom, shall be preserved. A10630 3-15-2001 § A106-38 SUBDIVISION OF LAND § A106-38 I. Street trees. The Planning Board shall require the planting of new street trees in subdivisions. Such trees shall be of such variety and shall be planted in such manner as prescribed by the Board. [Amended 5-8-1973] J. Streets terminating at tidewater. All streets terminating at or near tidewater shall have a width of not less than 100 feet for a distance of 100 feet from their terminus. Appropriate traffic signs and guardrails shall be installed. Suitable access must be provided (Cont'd on page A10631) A10630.1 3-15-2001 § A106-38 SUBDIVISION OF LAND § A106-40 to such tidewater, together with the necessary stairways, walks or other facilities to afford convenient access to such waterway. [Amended 5-8-731 ARTICLE IV • Documents to be Submitted § A106-40. Sketch plan. A. The sketch plan initially submitted to the Planning Board shall be based on the town tax map, at a scale of one (1) inch equals one hundred (100) feet. The sketch plan shall be submitted showing the following information: (1) A key map showing the location of the proposed subdivision and the distance to the nearest existing street intersection. (2) All existing structures, wooded areas, streams and `>> other significant physical features within the area to be subdivided and within two hundred (200) feet thereof. Contours shall be indicated at intervals of not more than five (5) feet except for minor subdivisions, where contours will be required only upon request of the Planning Board. Two -foot contours may be required by the Planning Board where drainage problems are deemed to exist. (3) The name of the subdivision property owner and of all adjoining property owners as listed on the town tax rolls. (4) Town tax map, school district number and sheet number. (5) Location of available utilities and of proposed, mapped or existing streets. (6) The proposed lot and street layout, including recreation areas; systems of drainage, sewerage and water supply (see § A106 -41C below) within the subdivided area. 1 A10631 § A106-40 SOUTHOLD CODE § A106-41 (7) Notations of all existing restrictions on the use of land, including easements, covenants or zoning lines. B. A statement in affidavit form shall be submitted setting forth the names and addresses of all persons, corporations, partnerships and associates having an interest, direct or indirect, in the subdivision, and the nature of such interest. [Added 5-8-731 i § A106-41. Minor subdivision plat. i A. In the case of minor subdivisions only, the final plat ap- plication shall include all information shown on the ap- proved sketch plan plus the following information: (1) A copy of such, covenants or deed restrictions as are intended to cover all or part of the tract. (2) An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed engineer or land surveyor. The corners of the tract shall also be located on the ground and marked by monuments as approved by the Town Engineer, and shall be referenced and shown on the plat. (3) All sanitation and water supply facilities shall be designed to meet the specifications of the County Board of Health, and a note to this effect shall be stated on the plat and signed by a licensed engineer. (4) Proposed subdivision name and name of the town and county in which it is located. (5) The date, North point, map scale, name and address of record owner and subdivider. . B. If this plat is to be filed with the County Clerk, it shall be printed upon linen or be clearly drawn in india ink upon tracing cloth. The size of the sheets shall not exceed thirty- six by twenty (36 x 20) inches to comply with.Section 335 of the Real Property Law. A10632 I ' L� § A106-42 SUBDIVISION OF LAND § A106-42 § A106-42. Major subdivision preliminary layout. The following documents shall be submitted for conditional preliminary layout approval: A. [Amended 5-8-731 Twelve (12) paper prints of the preliminary layout, prepared at a scale of not more than one hundred (100) feet to the inch, showing: (1) The proposed subdivision name; name of town and county in which it is located; date; true North point; scale; name and address of record owner, subdivider and engineer or surveyor, including license number and seal. (2) The names of all adjoining subdivisions and/or the names of the owners of record of all adjoining property. (3) The zoning district, including exact boundary lines of district if more than one (1) district.' (4) All parcels of land proposed to be dedicated to public use and the conditions of such dedication. (5) Location of existing property lines, easements, buildings, watercourses, marshes, rock outcrops, wooded areas, single trees with a diameter of twelve (12) inches or more as measured three (3) feet above the base of the trunk, and other significant existing features in the proposed subdivision and adjacent property. (6) Location of existing sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow. • (7) Contours at intervals of two (2) feet, and elevations of existing roads at one -hundred -foot intervals; ap- proximate grading plan if natural contours are to be changed more than two (2) feet. (8) The width and location of any streets or public ways or places shown on the Official Map or the Master Plan, e Editor's Note: Bee Ch. 100, Zoning. A10633 8-25-83 A106-42 SOUTHOLD CODE.,-- § A106-42 if such exist, within the area- to�be-subdivided, and the width, location, grades and street profiles of all streets or public ways proposed by- the developer. (9) The approximate location and size of all proposed water lines, valves, hydrants and/or firewells, sewer lines and fire alarm boxes; connections to existing lines or alternate means of water supply or sewage disposal and treatment, as provided in the Public Health Law; and profiles of all proposed water and sewer lines. [Amended 12-9-75] (10) A storm drainage plan indicating the approximate location and size of proposed lines and their profiles; connections to existing lines or to stormwater recharge basins. (11) Plans and cross sections showing the proposed location and type of sidewalks, streetlighting stan- dards, street trees, curbs, water mains, sanitary sewers and storm drains, recharge basins, and the size and type thereof; the character, width and depth of pavements and subbase; the location of manholes, catch basins and underground conduits. (12) Preliminary designs of any bridges or culverts which may be required. (13) The proposed lot lines with approximate dimensions and suggested location of buildings. (14) An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed engineer or land surveyor. The corners of the tract shall also be located on the ground and marked by substantial stone monuments or concrete or such size is as approved by the Town Superintendent of High- ways, and shall be referenced and shown on the plat. (15) A certificate or other document issued by the Suffolk County Department of Health Services indicating that the existing or proposed water supply and sewage A10634 8-25-83 § A106-42 SUBDIVISION OF LAND § A106-42 disposal facilities in the proposed subdivision will meet the requirements of the Suffolk County Department of Health Services. [Added 4-19-83] B. If the application covers only a part of the subdivider's entire holding, a map of the entire tract, drawn at a scale of not less than one hundred (100) feet to the inch, showing an ® outline of the platted area with its proposed streets and indications of the probable future street system with its • (Cont'd on page A10635) A10634.1 8-25-83 § A106-42 SUBDIVISION OF LAND § A106-43 grades and drainage in the remaining portion of the tract, and the probable future drainage layout of the entire tract, shall be submitted. The part of the entire holding sub- mitted shall be considered in the light of the entire holding. C. A copy of such covenants or deed restrictions as are in- tended to cover all or any part of the tract. • § A106-43. Major subdivision plat. A. The following documents shall be submitted for final plat approval: (1) Two (2) copies of the final plat application. (2) The original final plat tracing. (3) Two (2) cloth prints and three (3) paper prints of the final plat. (4) The original and one (1) copy of deeds of cession to streets, rights-of-way, easements or other sites to be 1 devoted to public use, and the original and one (1) copy of agreements, covenants or other documents showing the manner in which streets, parks and other areas are to be reserved and maintained for the common use of the residents of the subdivision, in- cluding provisions for homeowner associations and property assessments, if needed, all certified as to their legal sufficiency by the Town Attorney. (5) Two (2) prints of all construction and landscaping plans and drawings as required by and in accordance with town specifications. • (6) An estimate as to the cost of the required im- provements, including, but not limited to, streets, curbing, sanitary sewers, storm drain lines, water lines and fire hydrants and/or firewells. [Amended 12-9-751 (7) One (1) certified copy of the ,water company contract indicating that mains will be installed and water will be transmitted to the subdivision when available or required. A10635 2-25-76 § A106-43 SOUTHOLD CODE § A106-43 (8) If firewells are to be installed, a copy of the proposed agreement to be entered into with the appropriate fire district to convey title to said firewells to the fire district when completed, together with legal access thereto. [Added 12-9-751 B. The plat to be recorded with the County Clerk shall be printed upon linen or be clearly drawn in India ink upon tracing cloth. The size of the sheets shall not exceed twenty by thirty-six (20 x 36) inches, including a margin for binding of two (2) inches outside of the border along the left side, and a margin of one (1) inch outside of the border along the remaining sides. The plat shall be drawn at a scale of no more than one hundred (100) feet to the inch and oriented with the North point at the top of the map. When more than one (1) sheet is required, an additional index sheet of the same size shall be filed, showing to scale the entire subdivision with lot and block numbers clearly legible. C. The plat shall show: (1) Subdivision name, date, scale and North point. (2) Certification of title showing ownership. (3) Names of owners of adjacent land. (4) Certification by a licensed surveyor as to the accuracy of the survey and plat. • (5) Primary control points (wherever possible including monuments included in the state system of plan coordinates or reference points previously established by public authority) or description and "ties" to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred. • (6) Boundaries of the property; building or setback lines if greater than those required in the Zoning Or- dinance;' lines of streets, lots, reservations, easements and areas to be dedicated to public use; large trees, groves and other natural features to be 9 Editor's Note: See Ch. 100, Zoning. A10636 2-25-76 11 is § A106-43 SUBDIVISION OF LAND § A106-43 preserved; lengths and deflection angles of all straight lines; radii, lengths, central angles, long chords and tangent distances of all curves. All lengths shall be in feet and hundredths of a foot, and all bearings shall be given to the nearest ten (10) seconds or closer, if (Cont'd on page A10637) A10636.1 2-25-76 § A106-43 SUBDIVISION OF LAND § A106-50 deemed necessary by the surveyor. The error of closure shall not exceed one (1) to ten thousand (10,000). (7) Computed area of all lots in square feet. (8) The location of all permanent monuments. ® (9) Proposed street names as directed by the Board, section, block and lot numbers as directed by the Town Assessor and house numbers as directed by the Building Department. (10) Designation and purpose of all areas to be dedicated or reserved for public use and of any streets which are not to be dedicated. (11) Location, width and purpose of all easements. (12) The proper form for the approval of the Planning Board, with space for Board members' signatures and those of other required officials. § A106-44. Accompanying documents and information. [Added 4-19-83] For the purposes of these regulations, a map, plat, subdivision map, application, referral or request received, submitted or filed with the Town Clerk or the Planning Board or any of its officers or employees shall not be deemed to be received, submitted or filed until all documents and information required by these regulations to accompany the same have been filed with or submitted to the Planning Board. ARTICLE V • Variances and Waivers § A106-50. Variations in cases of hardship. Where the Planning Board finds that extraordinary and un- necessary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial A10637 8-25-83 § A106-50 SOUTHOLD CODE § A106-53 justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, the Master Plan or the Zoning Or- dinance, if such exist.10 § A106-51. Waivers of required improvements. Where the Planning Board finds that, due to the special cir- cumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare, or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements, subject to appropriate conditions. § A106-52. Board to impose conditions. In granting variances and modifications, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified. § A106.53. Approval of Board of Appeals actions. [Added 9-23- 80] Heretofore and between the period from January 1, 1971, and September 5, 1979, the Board of Appeals made certain deter- minations on appeals to it involving area variances and/or the relocation of lot lines and/or the setoff of lots, all of such deter- minations being set forth on a schedule caused to be compiled by the Planning Board. Many of the Board of Appeals' deter- minations on said schedule may have required approval by the Planning Board. However, due to misunderstanding, inad- vertance or oversight, the owners of the lands involved did not thereafter apply to the Planning Board for its approval. In the intervening time, many of the lands involved in such Board of Appeals' determinations have been sold and/or built upon in reliance upon the Board of Appeals' determinations and the subsequent issuance of building permits and/or certificates of occupancy. The Planning Board has reviewed all of the deter - le Editor's Note: See Ch. 100, Zoning. A10638 8.25.83 § A106-53 SUBDIVISION OF LAND' § A106-53 minations set forth on the aforesaid schedule. In view of the foregoing, the Planning Board (and the Town Board, as evidenced by its approval of this amendment) determines that an extreme hardship would be caused if such owners were, at this time, required to obtain approvals from the Planning Board. Ac- cordingly, it is hereby determined that any Planning Board ap- provals that may have been required with respect to the Board of • Appeals' determinations set forth on said schedule are hereby deemed to have been granted with the same force and effect as if the same had been submitted to and approved by the Planning Board in accordance with the applicable laws and regulations. It is further determined that said schedule shall be endorsed by the Chairman of the Planning Board and filed in the Town Clerk's office simultaneously with the effective date of this amendment. • A10639 8-25-83 is SOUTHOLD SUPPLEMENTAL INDEX DEFINITIONS NOTE: For the conven- ience of the Code user, all terms defined in this Code are included in the Index under the heading "Definitions." —A— ABANDONMENT Signs, 100-207 ACCESSORY BUILDINGS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 ACCESSORY USES Farm stands, 47-3 ADDRESS NUMBERING, see STREET NUMBERING: ADDRESSES ADMINISTRATOR Coastal erosion hazard area, 3742 Powers and duties, 3742 ADOPTION OF LOCAL LAWS Rezonings, 14-6 ADVERTISING OF TOBACCO, see TOBACCO ADVERTISING AFFORDABLE HOUSING (AHD) DISTRICT Applicability of amendments, 100-50 Improved or unimproved parcel of property, 100-56 Moderate -income family dwelling units, 100-56 Penalties for offenses, 100-59 Records, 100-56 Special Projects Coordinator, 100-57 Zoning, 100-50 —100-59 AGRICULTURAL -CONSERVATION (A -C) DISTRICT Area, yard and bulk regulations, 100-32 Parking, 100-32 AGRICULTURAL LAND PRESER- VATION Land Preservation Committee, 25-50 AIRPORT REGULATIONS Wireless communication facilities, 100-166 ALARM SYSTEMS Bed -and -breakfast, 100-31 False alarms, 24-5,24-6 Fees, 24-6 Penalties for offenses, 24-8 Permits, 24-3, 24-4 SI -1 ANCHORING Fishers Island Harbor management, 33-6 Flood damage prevention, 46-16 ANTENNAS Wireless communication facilities, 100-165 APARTMENTS General Business (B) District, 100-101 APPEALS Coastal erosion hazard area, 37-35, 37-36 Flood damage prevention, 46-22 Two -percent real estate transfer tax, 6-145 APPOINTMENTS Architectural Review Committee, 100-258 Ethics Board, 10-19 Fishers Island Harbor Committee, 33-3 Land Preservation Committee, 25-50, 59-50 Transportation Commission, 22-4 ARCHITECTURAL REVIEW Architectural Review Committee, 100-258 Site plan approval, 100-257, 100-258 ARCHITECTURAL REVIEW COM- MITTEE Appointments, 100-258 Architectural review, 100-258 Membership, 100-258 Qualifications, 100-258 Residency requirements, 100-258 Salaries and compensation, 100-258 Terms of office, 100-258 AREA, YARD AND BULK REGULA- TIONS Agricultural -Conservation (A -C) Dis- trict, 100-32 Farm stands, 47-3 General Business (B) District, 100-103 Light Industrial (LI) District, 100-143 Light Industrial Park/Planned Office Park (LIO) District, 100-133 Limited Business (LB) District, 100-83 Wireless communication facilities, 100-165 9-10-2004 SOUTHOLD SUPPLEMENTAL INDEX —B— _C_ BAZAARS, see PUBLIC ENTERTAIN- CANVASSERS, see PEDDLERS, SO- MENT AND SPECIAL EVENTS LICITORS AND TRANSIENT RE - BED -AND -BREAKFAST TAIL MERCHANTS Alarm systems, 100-31 CERTIFICATE OF COMPLIANCE Fees, 100-281 Flood damage prevention, 46-14 Signs, 100-31 CERTIFICATE OF INSURANCE Zoning, 100-31,100-281 Filming, 44A-3 BERMS CERTIFICATE OF OCCUPANCY Height regulations, 100-231 Site plan approval, 100-252 BOARD OF APPEALS Uniform fire prevention and building Notice of public hearing, 100-275 code, 45-8 BOATS CHILD-CARE CENTER Fishers, Island Harbor management, Tobacco advertising, 86-3 33-12 CIRCUSES, see PUBLIC ENTER - Mooring, 32-39.3 TAINMENT AND SPECIAL BOATS, DOCKS AND WHARVES EVENTS Bathing and swimming, 32-38.1 COASTAL EROSION HAZARD AREA Mooring, 32-39.4 Administration and enforcement, Notices, 32-39.4 3740-3749 Permits, 32-39.3,32-39.4 Administrator, 3742 Ramps, 32-32.1 Amendments, 37-50, 37-51 Regulation of personal watercraft and Appeals, 37-35, 37-36 specialty prop -craft, 32-36.3 Applicability, 37-20 Scuba diving, 32-38.2 Beach area, 37-15 Spear fishing, 32-38.3 Bluff area, 37-17 BONDS Bonds, 3741 Coastal erosion hazard area, 3741 Certification, 37-51 Housing Fund, 984 Coastal Erosion Hazard Board of Re - BUILDING INSPECTOR view, 37-34 Flood damage prevention, 46-11, 46-14 Conflicts, 37-44 Powers and duties, 46-14 Definitions, 37-6 BUILDING PERMITS Dune area, 37-16 Site plan approval, 100-252 Emergency activity, 37-20 — 37-29 Uniform fire prevention and building Enactment, 37-1 code, 45-8 Environmental review, 37-46 BUILDINGS, DEMOLITION OF Erosion protection structures, 37-18 Fees, 45-8 Establishment, 37-10 Uniform Fire Prevention and Building Fees, 37-32,37-40 Code, 45-8 Findings, 37-5 BURNING, OUTDOOR General provisions, 37-1— 37-9 Exclusions, 36-4 hiterpretation, 37-43 Penalties for offenses, 36-5 Near shore area, 37-14 Supervision of fires, 36-3 Notices, 37-21, 37-22 BUS STOPS Penalties for offenses, 37-47 Parking, 92-49.3 Permits, 37-11, 37-12, 37-40 Procedure, 37-50 Purpose, 374 Regulations, 37-10 — 37-19 Structural hazard area, 37-13 Title, 37-2 Traffic control, 37-19 SI -2 9-10-2004 40 • • SOUTHOLD SUPPLEMENTAL INDEX Variances, 37-30 — 37-39 COASTAL EROSION HAZARD BOARD OF REVIEW Coastal erosion hazard area, 37-34 COLLAPSED BUILDINGS, see UN- SAFE BUILDINGS COMMERCIAL DISTRICTS Wireless communication facilities, 100-162,100-166 COMMUNICABLE/INFECTIOUS DISEASES Definitions, A107-43.1 Line -of -duty exposures, A107-43.1 Notices, A107-43.1 Police Department rules and regula- tions, A107-43.1 Policy, A107-43.1 Procedures, Al 0743.1 Purpose, A107-43.1 Records, A10743.1 Supplies, A10743.1 COMMUNICATION FACILITIES, see WIRELESS COMMUNICATION FACILITIES COMMUNITY PRESERVATION FUND Acquisition of interests in property, 6-28 Alienation of land acquired using fund moneys, 6-36 Community Preservation Project Plan, 645-6-55 Definitions, 6-16 Findings, 6-7 Fund established, 6-20 Hearings, 6-28 Management of lands acquired pursuant to chapter, 6-32 Purposes of fund, 6-24 Two -percent real estate transfer tax, 6-70-6-175 COMMUNITY PRESERVATION FUND ADVISORY BOARD Community Preservation Project Fund, 6-60-6-65 Established, 6-60 COMMUNITY PRESERVATION PROJECT FUND Community Preservation Fund Advi- sory Board, 6-60 — 6-65 SI -3 COMMUNITY PRESERVATION PROJECT PLAN Community Preservation Fund, 6-45 — 6-55 Community preservation project plan adopted, 6-50 CONFIDENTIALITY Two -percent real estate transfer tax, 6-160 CONFLICT OF INTEREST Ethics, Code of, 10-4, 10-7 COSTS AND EXPENSES Two -percent real estate transfer tax, 6-135 CURBS Highway specifications, A10842 —D— DEDICATION OF ROADS Highway specifications, A108-50 DEFINITIONS Actions, 95-3 Administrator, 37-6 Advisory Board, 6-16 Agency, 95-3 Agricultural debris, 48-1 Apartment, 100-13 Apartment house, 100-13 Appear, 10-2 Appear before, 10-2 Archives, 72-3 Auto repair shops, 100-13 Beach,37-6 Bluff, 37-6 Body fluids, A107-43.1 Bowriding, 32-31 Breezeway, 100-13 Bulkhead, 100-13 Business, 10-2 Cans, 48-1 Canvassers, 69-1 Certificate of compliance, 100-13 Certificate of determination, 100-13 Channel system, 32-31 Child-care, 100-13 Child-care center, 86-2 Cigarette, 86-2 Cigarette tobacco, 86-2 Client, 10-2 Club, membership or country or golf, 100-13 9-10-2004 SOUTHOLD SUPPLEMENTAL INDEX Coastal area, 95-3 Coastal assessment form, 95-3 Coastal Erosion Hazard Area Map, 37-6 Coastal waters, 37-6 Coastline, 37-6 Commercial vehicles, 48-1 Commission, 22-3 Common ownership, 100-25 Communicable disease, A107-43.1 Community preservation, 6-16 Community Preservation Project Plan, 6-16 Complainant, A107-35.1 Consideration, 6-75 Consistent, 95-3 Construction and demolition (C & D) debris, 48-1 Continuing care facility, 100-13 Controlling interest, 6-75 Conveyance, 6-75,100-51 Corrugated cardboard, 48-1 Crawl space, 464 Crops, livestock and livestock products, 100-221 Customer, 10-2 Debris line, 37-6 Decks, 100-13 Designated landmark, 56-3 Direct actions, 95-3 Dune, 37-6 Dwelling, 86-2 Eels, 77-201 Environment, 95-3 Erosion, 37-6 Erosion hazard area, 37-6 Erosion protection structure, 37-6 Existing manufactured home park or subdivision, 46-4 Existing structure, 37-6 Expansion to an existing manufactured home park or subdivision, 46-4 Family/household, A107-35.1 Family offense, A107-35.1 Farm stands, 100-13 Federal Emergency Management Agency, 46-4 Financial benefit, 10-2 Flood Boundary and Floodway Map, 46-4 Flood elevation study, 46-4 Floodplain, 46-4 Flood -prone area, 46-4 Food catering facility, 100-13 Food processing facility, 100-13 Fraternal organization, 100-13 Front, 84-2 Frontage, 84-2 Fund, 6-16, 6-75, 98-3 Gift, 10-2 Glass, 48-1 Golf course, standard regulation, 100-13 Grading, 37-6 Grantee, 6-75 Grantor, 6-75 Habitable floor area, 100-13 Health care facilities, 100-13 Historical society, 100-13 Historic District, 56-3 Historic significance, 22-3 Historic structure, 46-4 Home business office, 100-13 Home professional office, 100-13 Housing, 98-3 Illegal dumping, 48-2 Income eligible individuals/families, 98-3 Interest in real property, 6-75 Life care community, 100-13 Light industrial uses, 100-13 Living area, 100-13 Local administrator, 46-4 Local Waterfront Revitalization Pro- gram, 95-3 LWRP, 95-3 Major addition, 37-6 Map, 84-2 Mean low water, 37-6 Minor actions, 95-3 Movable structure, 37-6 Multiple dwelling, 86-2 Multiple dwelling unit, 86-2 Natural protective feature, 37-6 Natural protective feature area, 37-6 Nearshore area, 37-6 New manufactured home park or sub- division, 46-4 Newspaper, 48-1 Nonrecyclable waste, 48-2 Normal maintenance, 37-6 Off -premises sign, 100-13 Order of protection, A107-35.1 Outside employer, 10-2 Owner, 84-2 Park, 86-2 Patio, 100-13 SI -4 9-10-2004 SOUTHOLD SUPPLEMENTAL INDEX SI -5 9-10-2004 Peddler, 69-1 Tobacco product advertisement, 86-2 Person, 6-75, 10-2, 37-6, 69-1, 86-2 Toe, 37-6 Personal watercraft, 32-31 Town, 6-75,98-3 Plastics, 48-1 Town garbage bag, 48-2 Primary dune, 37-6 Town officer or employee, 10-2 Primary frontal dune, 46-4 Town Supervisor, 6-75 Private dwelling, 86-2 Transfer station, 48-1 Private warehousing, 100-13 Transient retail business, 69-1 Probable cause, A107-35.1 Public warehousing, 100-13 Treasurer (County Treasurer), 6-75 Unregulated activity, 37-6 Real property, 6-75 Utilities, 100-51 Receding edge, 37-6 Vegetation, 37-6 Recession rate, 37-6 Wetland boundary or boundaries of Recording Officer, 6-75 wetland, 97-13 Records, 72-3 Wireless communication facility, Records center, 72-3 100-13 Records disposition, 72-3 Wireless communications, 100-13 Records management, 72-3 DESIGN STANDARDS Recreational facilities, 100-13 Wireless communication facilities, Recreational vehicles, 46-4 100-165 Recyclable, mandated, 48-1 DISABLED PERSONS WITH LIM- Recyclable, other, 48-1 ITED INCOME, TAX EXEMP- Recyclable wood, 48-1 TION FOR Regulated activity, 37-6 Taxation, 85-9 Relative, 10-2 DISCLOSURE OF INTEREST Restaurant, formula food, 100-13 Ethics, Code of, 10-11,10-16 —10-18.1 Restaurant, take-out, 100-13 DOMESTIC PARTNERSHIPS Restoration, 37-6 Fees, 39-5 Retaining wall, 100-13 Filing of statements, 39-5 Rural significance, 22-3 Requirements, 39-3 Salvage center, 74-1 Statement of domestic partnership, 39-4 Scalp net, 77-201 DRAINAGE Scenic significance, 22-3 Highway specifications, A108-27, School, 86-2 A108-29— A108-33, A108-36 Secondary dune, 37-6 Site plan approval, 100-252 Servicing, 72-3 DRIVEWAYS Shopping centers, 100-13 Highway specifications, A108-40 Significant fish and wildlife habitat, DUST 37-6 Farmland Bill of Rights, 100-222 Smokeless tobacco, 86-2 Peddlers, solicitors and transient retail Solicitors, 69-1 merchants, 69-10 Special Projects Coordinator, 100-51 Specialty prop -craft, 32-31 • Street, 84-2 —E— E_Structural Structural hazard area, 37-6 Structure, 37-6, 100-13 EMERGENCIES Style of architecture, 56-3 Coastal erosion hazard area, 37-20 — Subordinate of a town officer or em- 37-29 ployee, 10-2 EMERGENCY VEHICLES Substantial damage, 46-4 Motor -driven vehicles, 60-5 Telecommunication tower, 100-13 ETHICS BOARD Tobacco, 86-2 Appointments, 10-19 Tobacco product, 86-2 Establishment, 10-19 SI -5 9-10-2004 SOUTHOLD SUPPLEMENTAL INDEX Ethics, Code of, 10-19 —10-23 Inspections, 10-23 Investigations, 10-21 Membership, 10-19 Powers and duties, 10-20 Qualifications, 10-19 Records, 10-23 Removal, 10-19 Review of lists and disclosure state- ments, 10-22 Terms of office, 10-19 ETHICS, CODE OF Restriction opn elected official or member of board, 10-12A ETHICS, CODE OF Appearances, 10-10 Confidential information, 10-11 Conflict of interest, 1011, 10-7 Debarment, 10-26 Definitions, 10-2 Disclosure of interest, 10-11, 10-16 — 10-18.1 Ethics Board, 10-19 —10-23 Exclusion from Code of Ethics, 10-15 General prohibition, 10-5 Gifts, 10-8 Goal, 10-3 Inducement of others and bribery, 10-14 Legislative intent, 10-1 Officers and employees, 10-1 —10-26 Penalties for offenses, 10-24 Political solicitation, 10-12 Recusal, 10-6,10-7 Representation, 10-9 Revolving door, 10-13 Voidable contracts, 10-25 EXCAVATIONS Highway specifications, A108-18 —F— FAIRS, see PUBLIC ENTERTAINMENT AND SPECIAL EVENTS FALSE ALARMS Alarm systems, 24-5,24-6 FARM BUILDINGS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 FARMLAND BILL OF RIGHTS Definitions, 100-221 Dust, 100-222 Enforcement, 100-225 Noise, 100-222 Notice by brokers and agents, right to, 100-224 Notice provided by town agencies, right to, 100-223 Nuisances, 100-222 Odors, 100-222 Penalties for offenses, 100-225 Protected farm practices, right to under- take, 100-222 Right to farm, 100-220 Smoke, 100-222 Vibrations, 100-222 Zoning, 100-220 —100-226 FARM STANDS Accessory uses, 47-3 Area, yard and bulk regulations, 47-3 Fees, 47-4 Greenhouse, 47-3 Nonconforming uses, 47-5 Parking, 47-3 Penalties for offenses, 47-6 Permits, 47-2 — 47-4 Setbacks, 47-3 Topsoil protection, 47-3 FEES Accessory buildings, 45-8 Alarm systems, 24-6 Bed -and -breakfast, 100-281 Buildings, demolition of, 45-8 Coastal erosion hazard area, 37-32, 37-40 Domestic partnerships, 39-5 Farm buildings, 45-8 Farm stands, 474 Filming, 44A-3 — 44A -6,44A-1 3 Fishers Island Harbor management, 33-6, 33-8,33-12 Flood damage prevention, 46-12 Garbage, rubbish and refuse, 48-2 Hotels and motels, 45-8 Night fishing parking permit, 92-42 Peddlers, solicitors and transient retail merchants, 694, 69-9 Public entertainment, 100-274 Public entertainment and special events, 71-1 Salvaging centers, 74-3 Signs, 45-8 Single-family dwellings, 45-8 Site plan approval, 100-256 SI -6 9-10-2004 • is • • SOUTHOLD SUPPLEMENTAL INDEX Special events, 100-274 Swimming pools, 45-8 Uniform Fire Prevention and Building Code, 45-8 FENCES Highway specifications, Al 08-42 Wireless communication facilities, 100-165 FILMING Applications, 44A-3 Certificate of insurance, 44A-3 Cleanup deposit, 44A-5 Compliance with other laws, 44A-10 Exemption, 44A-2 Fees, 44A-3 — 44A-6, 44A-13 Insurance, 44A-11 Liability, 44A -3,44A-1 I No alterations to town property, 44A-9 No donations accepted, 44A-7 Notices, 44A -4,44A-5 Notices to other official, 44A-8 Penalties for offenses, 44A-14 Permits, 44A -2,44A -3,44A-12, 44A-13 Superintendent of Highways, 44A-5 Traffic control, 44A-4 FIRE PREVENTION AND BUILDING CONSTRUCTION Exceptions, 45-8 FIRE ZONES Parking, 92-49.2 FISHERS ISLAND Parking at beaches, 65-3.1 Permits, 65-3.1 FISHERS ISLAND HARBOR COM- MITTEE Appointments, 33-3 Fishers Island Harbor management, 33-3 Meetings, 33-3 Notices, 33-3 Powers and duties, 33-3 Terms of office, 33-3 FISHERS ISLAND HARBOR MAN- AGEMENT Abode, use of vessel as, 33-7 Anchoring, 33-6 Applicability, 33-1 Boats, unnavigable, 33-12 Fees, 33-6,33-8, 33-12 Fishers Island Harbor Committee, 33-3 Garbage, rubbish and refuse, 33-11 Hazards to navigation, 33-12 Height regulations, 33-6 Inspections, 33-8 Liability, 3342 Liens, 33-8, 33-12 Mooring, 33-6 Mooring buoys, 33-6 Mooring maintenance, 33-8 Mooring permits, 33-6 Notices, 33-12 Penalties for offenses, 33-14 Permits, 33-6 Rafting, 33-10 Sale of unnavigable boats, 33-12 Sewage, 33-11 Speed limits, 33-4 Traffic control authority, 33-2 Use of private moorings by guests, 33-9 Wake regulations, 33-4 Waterskiing, 33-5 FLOOD DAMAGE PREVENTION Anchoring, 46-16 Appeals, 46-22 Building Inspector, 46-11, 46-14 Certificate of compliance, 46-14 Construction materials and methods, 46-16 Encroachments, 46-15 Fees, 46-12 General floodproofing standards, 46-15 Manufactured homes, 46-15,46-21 New construction, 46-15, 46-16 Nonresidential structures (coastal high - hazard areas), 46-20 Nonresidential structures (except coastal high -hazard areas), 46-19 Penalties for offenses, 46-9 Permits, 46-12,46-13 Recreational vehicles, 46-21 Residential structures (coastal high - hazard areas), 46-18 Residential structures (except coastal high -hazard areas), 46-17 Standards for all structures, 46-16 Stop -work orders, 46-14 Subdivision proposals, 46-15 Utilities, 46-16 Variances, 46-23 Warning and disclaimer of liability, 46-10 Zoning Board of Appeals, 46-22 SI -7 9-10-2004 SOUTHOLD SUPPLEMENTAL INDEX —G— GARBAGE, RUBBISH AND REFUSE Fees, 48-2 Fishers Island Harbor management, 33-11 Nonrecyclable waste, 48-2, 48-3 Town garbage bag, 48-2 Town Transfer Station, 48-3 GENERAL BUSINESS (B) DISTRICT Apartments, 100-101 Area, yard and bulk regulations, 100-103 Setbacks, 100-103 Zoning, 100-100-100-103 GREENHOUSE Farm stands, 47-3 GUARANTIES Site plan approval, 100-254 —H— HANDICAPPED PARIUNG Parking, 92-48 Permits, 9248 HEALTH CARE FACILITIES Zoning, 100-31 HEARINGS Community Preservation Fund, 6-28 Housing Fund, 98-6 Peddlers, solicitors and transient retail merchants, 69-11 Site plan approval, 100-254 Two -percent real estate transfer tax, 6-145 Zoning, 100-26 See also NOTICE OF PUBLIC HEAR- ING HEIGHT REGULATIONS Berths, 100-231 Fishers Island Harbor management, 33-6 Wireless communication facilities, 100-162 HIGHWAY SPECIFICATIONS Alterations or modifications to specifi- cations, A108-48 As -constructed survey, A108-46 Asphalt binder course, Al 08-22 Asphalt pavement cores, A108-26 Asphalt wearing course, A108-23 Base course for asphalt pavement, A108-21 Base course for Stone Blend Road, A108-19 Bituminous surface treatment double application, A108-24 Catch basins, A108-34 Clearing and grubbing, A108-16 Concrete curbs, A108-38 Concrete cylinders, A108-41 Concrete footings, slabs and headwalls, A108-37 Concrete sidewalks and driveway en- trances, A108-40 Construction specifications, A108-15, A108-15.1 Dead-end streets, A108-11 Drainage design criteria, A108-27 Drainage pipe criteria, A108-36 Excavation and embankment, A108-18 Fences and curbs at recharge basins, A108-42 Final dedication of roads, A108-50 Inspections, A10849 Landscaping of recharge basins, A108-43 Leaching basins, A108-28 Manholes, A108-35 Modifications to existing private roads, A108-25 Recharge basins Type A and drainage areas, A108-29 Recharge basins Type B and drainage areas, A108-30 Recharge basins Type C and drainage, A108-31 Screening, A108-43 Seeding, A108-44 Stone blend wearing course, Al 08-20 Storm drains, A108-33 Stormwater drainage systems, A108-32 Streetlighting, Al 08-47 Street signs, A108-12 Street trees, A108-45 Stripping and stockpiling soil, A108-17 Topsoil, A108-43 Trees, A108-43 HISTORIC BUILDINGS AND DIS- TRICTS Wireless communication facilities, 100-164 HOME PROFESSIONAL OFFICE Noise, 100-31 SI -8 9-10-2004 • • • • SOUTHOLD SUPPLEMENTAL INDEX Setbacks, 100-31 Signs, 100-31 Storage, 100-31 Zoning, 100-31 HOTELS AND MOTELS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 HOUSING ADVISORY COMMISSION Housing Fund, 98-6 Membership, 98-6 Powers and duties, 98-6 Residency requirements, 98-6 HOUSING FUND Bonds, 98-4 Definitions, 98-3 Establishment, 98-4 Hearings, 98-6 Housing Advisory Commission, 98-6 Housing Implementation Plan, 98-6 Purposes of Fund, 98-5 Special Projects Coordinator, 98-6 HOUSING IMPLEMENTATION PLAN Housing Fund, 98-6 —I— INDUSTRIAL DISTRICTS Wireless communication facilities, 100-162 INSPECTIONS Ethics Board, 10-23 Fishers Island Harbor management, 33-8 Highway specifications, A108-49 Two -percent real estate transfer tax, 6-160 INSURANCE Filming, 44A-11 INVESTIGATIONS Ethics Board, 10-21 Peddlers, solicitors and transient retail merchants, 69-7 —L— LAND CLEARING Site plan approval, 100-259 LAND PRESERVATION COMMIT- TEE Agricultural land preservation, 25-50 Appointments, 25-50, 59-50 Membership, 25-50,59-50 Open space preservation, 59-50 Powers and duties, 25-50, 59-50 Terms of office, 25-50, 59-50 LANDSCAPING Highway specifications, A108-43 Site plan approval, 100-252 Wireless communication facilities, 100-166 LIABILITY Filming, 44A-3, 44A -I 1 Fishers Island Harbor management, 33-12 Flood damage prevention, 46-10 Recording Officer, 6-120 Two -percent real estate transfer tax, 6-90, 6-120, 6-130, 6-145 LICENSES Peddlers, solicitors and transient retail merchants, 69-1 — 69-13 Shellfish, 77-202 LIENS Fishers Island Harbor management, 33-8,33-12 Two -percent real estate transfer tax, 6-150 LIFE CARE COMMUNITY Zoning, 100-31 LIGHT INDUSTRIAL (LI) DISTRICT Area, yard and bulk regulations, 100-143 Setbacks, 100-143 Zoning, 100-140-100-143 LIGHT INDUSTRIAL PARKIPLANNED OFFICE PARK (LIO) DISTRICT Area, yard and bulk regulations, 100-133 Setbacks, 100-133 Zoning, 100-130 —100-133 LIGHTING Parks and recreation areas, 100-239.5 Signs, 100-206 Site plan approval, 100-252 Wireless communication facilities, 100-165 Zoning, 100-239-5 LIMITED BUSINESS (LB) DISTRICT Area, yard and bulk regulations, 100-83 SI -9 9-10-2004 SOUTHOLD SUPPLEMENTAL INDEX Outdoor storage, 100-81 Setbacks, 100-83 Zoning, 100-80 —100-83 LOADING ZONES Parking, 92-49.4 LOCAL WATERFRONT REVITI- LAZATION PROGRAM Waterfront consistency review, 954 LOTS Zoning, 100-24,100-25 _M_ MANUFACTURED HOMES Flood damage prevention, 46-15, 46-21 MARINE DISTRICTS Wireless communication facilities, 100-162 MEETINGS Fishers Island Harbor Committee, 33-3 MEMBERSHIP Architectural Review Committee, 100-258 Ethics Board, 10-19 Housing Advisory Commission, 98-6 Land Preservation Committee, 25-50, 59-50 Transportation Commission, 22-4 MERCHANTS, see PEDDLERS, SO- LICITORS AND TRANSIENT RE- TAIL MERCHANTS MOORING Boats, 32-39.3 Boats, docks and wharves, 32-39.4 Fishers Island Harbor management, 33-6; 33-8, 33-9 MOORINGPERMITS Fishers Island Harbor management, 33-6 MOTOR -DRIVEN VEHICLES Confiscation and redemption, 60-6 Emergency vehicles, 60-5 Enforcement, 604 Exceptions, 60-5 Penalties for offenses, 60-7 Presumptive evidence, 60-3 Restitution, 60-7 Restrictions, 60-2 See also RECREATIONAL VEHI- CLES; VEHICLES —N— NIGHT FISHING PARKING PERMIT Fees, 92-42 Parking, 9242 Rules and regulations, 9242 NOISE Farmland Bill of Rights, 100-222 Home professional office, 100-31 Peddlers, solicitors and transient retail merchants, 69-10 NONCONFORMING USES Farm stands, 47-5 Nonresidential uses, 100-243 Wireless communication facilities, 100-168 NONRECYCLABLE WASTE Garbage, rubbish and refuse, 48-2, 48-3 NOTICE OF PUBLIC HEARING Board of Appeals, 100-275 Providing notice of public hearings, 58-1 Site plan approval, 100-254 -Subdivision of land, A106-23, A106-24 Zoning, 100-292 NOTICES Boats, docks and wharves, 32-39.4 Coastal erosion hazard area, 37-21, 37-22 Communicable/infectious diseases, A107-43.1 Farmland Bill of Rights, 100-223, 100-224 Filming, 44A -4,44A -5,44A-8 Fishers Island Harbor Committee, 33-3 Fishers Island Harbor management, 33-12 Pro -arrest policy, A107-35.1 Site plan approval, 100-254 Two -percent real estate transfer tax, 6-135,6-145 NUISANCES Farmland Bill of Rights, 100-222 —O— OBSTRUCTIONS Peddlers, solicitors and transient retail merchants, 69-10 Sidewalks, 80-2 ODORS Farmland Bill of Rights, 100-222 SI -10 9-10-2004 • • SOUTHOLD SUPPLEMENTAL INDEX OFFICERS AND EMPLOYEES Sales, 69-1 — 69-13 Ethics, Code of, 10-1-10-26 Signs, 69-12 OFF-STREET PARKING AND LOAD- Vehicles, 69-10 ING PENALTIES FOR OFFENSES Site plan approval, 100-252 Affordable Housing (AHD) District, OPEN SPACE PRESERVATION 100-59 Land Preservation Committee, 59-50 Alarm systems, 24-8 OUTDOOR STORAGE Burning, outdoor, 36-5 Limited Business (LB) District, 100-81 Coastal erosion hazard area, 37-47 Residential Office (RO) District, Ethics, Code of, 10-24 100-71 • Farmland Bill of Rights, 100-225 Farm stands, 47-6 Filming, 44A-14 — P — Fishers Island Harbor management, PARKING 33-14 Agricultural -Conservation (A -C) Dis- Flood damage prevention, 46-9 trict, 100-32 Motor -driven vehicles, 60-7 Bus stops, 92-49.3 Peddlers, solicitors and transient retail Farm stands, 47-3 merchants, 69-13 Fire zones, 9249.2 Salvaging centers, 74-6 Handicapped parking, 9248 Site plan approval, 100-259 Loading zones, 9249.4 Street numbering: addresses, 84-8 Night fishing parking permit, 92-42 Two -percent real estate transfer tax, No stopping zones, 92-49.1 6-155 Regulations, additional, 92-49 Waterfront consistency review, 95-7 Salvaging centers, 74-4 PERMITS Vehicles and traffic, 92-47, 9249 — Alarm systems, 24-3, 24-4 9249.4,92-61 Boats, docks and wharves, 32-39.3, PARKING AT BEACHES 32-39.4 Fishers Island, 65-3.1 Coastal erosion hazard area, 37-11, PARKS AND RECREATION AREAS 37-12,3740 Lighting, 100-239.5 Farm stands, 47-2 —47-4 PEDDLERS, SOLICITORS AND Filming, 44A -2,44A -3,44A-12, TRANSIENT RETAIL MER- 44A-13 Fishers Island, 65-3.1 CHANTS Canvassing for religious purposes, Fishers Island Harbor management, 69-14 33-6 Definitions, 69-2 Flood damage prevention, 46-12,46-13 Dust, 69-10 Handicapped parking, 92-48 Exemptions, 6911 Public entertainment and special events, Fees, 69-4, 69-9 Hearings, 69-11 71-1 Salvaging centers, 74-2, 74-3, 74-5 Investigations, 69-7 Signs, 100-209 Legislative intent, 69-1 See also BUILDING PERMITS; Licenses, 69-1 — 69-13 NIGHT FISHING PARKING Noise, 69-10 PERMIT Obstructions, 69-10 POLICE DEPARTMENT RULES AND Penalties for offenses, 69-13 REGULATIONS Permitted activities, 69-5 Communicable/infectious diseases, Records, 69-8 A10743.1 Registration, 69-3, 69-6 Pro -arrest policy, Al 07-35.1 Restrictions, 69-10 POWERS AND DUTIES Administrator, 3742 SI -11 9-10-2004 SOUTHOLD SUPPLEMENTAL INDEX Building Inspector, 46-14 Ethics Board, 10-20 Fishers Island Harbor Committee, 33-3 Housing Advisory Commission, 98-6 Land Preservation Committee, 25-50, 59-50 Records Advisory Board, 72-5 Records Management Officer, 72-4 Special Projects Coordinator, 98-6, 100-57 Superintendent of Highways, 44A-5 Transportation Commission, 22-5 PRO -ARREST POLICY Accusatory instrument, A107-35.1 Definitions, A107-35.1 General provisions, Al 07-35.1 Notices, A107-35.1 Orders of protection, A107-35.1 Police Department rules and regula- tions, A107-35.1 Procedure, A107-35.1 Protection of identity of victim, A107-35.1 Purpose, A107-35.1 PUBLIC ENTERTAINMENT AND SPECIAL EVENTS Bazaars, 71-1 Certain entertainment restricted, 71-1 Circuses, 71-1 Fairs, 71-1 Fees, 71-1, 100-274 Outdoor shows, 71-1 Permits, 71-1 Wineries outdoor events, 71-1 _Q_ QUALIFICATIONS Architectural Review Committee, 100-258 Ethics Board, 10-19 —R— RAFTING Fishers Island Harbor management, 33-10 RAMPS Boats, docks and wharves, 32-32.1 RECORDING OFFICER Designation, 6-115 Liability, 6-120 Two -percent real estate transfer tax, 6-115,6-120 RECORDS Affordable housing (AHD) district, 100-56 Communicable/infectious diseases, A107-43.1 Ethics Board, 10-23 Peddlers, solicitors and transient retail merchants, 69-8 Two -percent real estate transfer tax, 6-85 RECORDS ADVISORY BOARD Powers and duties, 72-5 Records management, 72-5 RECORDS MANAGEMENT Custody and control of records, 72-6 Definitions, 72-3 Disposition of records, 72-7 Intent, 72-1 Program established, 72-2. Records Advisory Board, 72-5 Records Management Officer, 72-4, 72-6 Records management officer, 72-2 RECORDS MANAGEMENT OFFI- CER Powers and duties, 72-4 Records management, 72-2, 724 RECREATIONAL VEHICLES Flood damage prevention, 46-21 See also MOTOR -DRIVEN VEHI- CLES REGISTRATION Peddlers, solicitors and transient retail merchants, 69-3, 69-6 RESIDENCY REQUIREMENTS Architectural Review Committee, 100-258 Housing Advisory Commission, 98-6 Volunteer fire fighters and ambulance workers, tax exemption for, 85-10 RESIDENTIAL DISTRICTS Wireless communication facilities, 100-162 RESIDENTIAL OFFICE (RO) DIS- TRICT Additional standards, 100-71 Outdoor storage, 100-71 SI -12 9-10-2004 • • C. SOUTHOLD SUPPLEMENTAL INDEX RESTRICTED TRUCK TRAFFIC, see TRUCK TRAFFIC RESTRICTED —S— SALARIES AND COMPENSATION Architectural Review Committee, 100-258 SALES Boats, unnavigable, 33-12 Local produce, 100-31 Peddlers, solicitors and transient retail merchants, 69-1 — 69-13 SALVAGING CENTERS Definitions, 74-1 Fees, 74-3 Parking, 74-4 Penalties for offenses, 74-6 Permits, 74-2, 74-3, 74-5 SCHOOLS Tobacco advertising, 86-3 SCREENING Highway specifications, A108-43 Site plan approval, 100-252 Wireless communication facilities, 100-166 SETBACKS Farm stands, 47-3 General Business (B) District, 100-103 Home,professional office, 100-31 Light Industrial (LI) District, 100-143 Light Industrial Park/Planned Office Park (LIO) District, 100-133 Limited Business (LB) District, 100-83 Wireless communication facilities, 100-165 SEWAGE Fishers Island Harbor management, 33-11 SHELLFISH Eels, 77-208.1 Licenses, 77-202 Vegetation removal prohibited, 77-211.2 SIDEWALKS Highway specifications, A108-40 Intent, 80-1 Obstructions, 80-2 Snow and ice removal, 80-2 SIGNS Bed -and -breakfast, 100-31 Fees, 45-8 Highway specifications, A108-12 Home professional office, 106-31 Lighting, 100-206 Nonconforming signs, 100-209 Peddlers, solicitors and transient retail merchants, 69-12 Permits, 100-209 Specific sign requirements, 100-205.1 Specific signs, 100-205 Transition, 100-208 Uniform Fire Prevention and Building Code, 45-8 Unsafe, abandoned and unlawful signs, 100-207 Wireless communication facilities, 100-165 SINGLE-FAMILY DWELLINGS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 SITE PLAN APPROVAL Applicability, 100-250 Application requirements, 100-256 Approval of plan required, 100-253 Architectural review, 100-257, 100-258 Building permits, 100-252 Certificate of occupancy, 100-252 Drainage, 100-252 Duration of plan, 100-255 Fees, 100-256 Findings of fact, 100-251 Guaranties, 100-254 Hearings, 100-254 Land clearing, 100-259 Landscaping, 100-252 Lighting, 100-252 Notice of public hearing, 100-254 Notices, 100-254 Objectives, 100-252 Off-street parking and loading, 100-252 Penalties for offenses, 100-259 Purpose, 100-251 Review procedure, 100-254 Screening, 100-252 Utilities, 100-252 Variances, 100-254 Zoning, 100-250 —100-256 SMOKE Farmland Bill of Rights, 100-222 SNOW AND ICE REMOVAL Sidewalks, 80-2 SI -13 9-10-2004 SOUTHOLD SUPPLEMENTAL INDEX SOLICITORS, see PEDDLERS, SO- LICITORS AND TRANSIENT RE- TAIL MERCHANTS SOUTHOLD COMMUNITY PRES- ERVATION FUND, see COMMU- NITY PRESERVATION FUND SPECIAL EVENTS Fees, 100-274 See also PUBLIC ENTERTAINMENT AND SPECIAL EVENTS SPECIAL EXCEPTION USES Wireless communication facilities, 100-163 SPECIAL PROJECTS COORDINA- TOR Affordable Housing (AHD) District, 100-57 Housing Fund, 98-6 Powers and duties, 98-6, 100-57 SPEED LIMITS Fishers Island Harbor management, 33-4 STOP -WORK ORDERS Flood damage prevention, 46-14 STORAGE Home professional office, 100-31 Long-term outdoor display or storage, 100-239.7 Zoning, 100-239.6,100-239.7 STORAGE, OUTDOOR, see OUT- DOORSTORAGE STREETLIGHTING Highway specifications, A108-47 STREET NUMBERING: ADDRESSES Changes, 84-3 Compliance deadline, 84-6 Definitions, 84-2 Display of numbers, 84-5 Enforcement, 84-7 Numbering system established, 84-3 Penalties for offenses, 84-8 Posting, of numbers, 8411 Style and size, 84-5 Tax bill, 84-6 Unnamed roads, 84-3 SUBDIVISION OF LAND Flood damage prevention, 46-15 Notice of public hearing, A106-23, A106-24 SUPERINTENDENT OF HIGHWAYS Filming, 44A-5 Powers and duties, 44A-5 SWIMMING POOLS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 —T— TAXATION Disabled persons with limited income, tax exemption for, 85-9 Exemption granted, 85-9 Veterans' exemption, 85-7, 85-8 Volunteer fire fighters and ambulance workers, tax exemption for, 85-10, 85-11 TERMS OF OFFICE Architectural Review Committee, 100-258 Ethics Board, 10-19 Fishers Island Harbor Committee, 33-3 Land Preservation Committee, 25-50, 59-50 Transportation Commission, 22-4 TOBACCO ADVERTISING Child-care center, 86-3 Definitions, 86-2 Exceptions, 86-4 Injunctions, 86-6 Intent and findings, 86-1 Restrictions, 86-3 Schools, 86-3 Time frame for compliance, 86-5 TOPSOIL Highway specifications, A10843 TOPSOIL PROTECTION Farm stands, 47-3 TOWERS Wireless communication facilities, 100-162,100-165,100-166 TOWN GARBAGE BAG Garbage; rubbish and refuse, 48-2 TOWN TRANSFER STATION Garbage, rubbish and refuse, 48-3 TRAFFIC CONTROL Filming, 44A4 TRANSIENT MERCHANTS, see PED- DLERS, SOLICITORS AND TRAN- SIENT RETAIL MERCHANTS TRANSPORTATION ACCESS MAN- AGEMENT Definitions, 22-3 Purpose, 22-2 SI -14 9-10-2004 C 0 • 0 SOUTHOLD SUPPLEMENTAL INDEX Transportation Commission, 22-4, 22-5 TRANSPORTATION COMMISSION Appointments, 224 Membership, 22-4 Powers and duties, 22-5 Terms of office, 22-4 Transportation access management, 22-4,22-5 TREES Highway specifications, A108-43, A108-45 Wireless communication facilities, 100-162,100-166 TRUCK TRAFFIC RESTRICTED Vehicles and traffic, 92-60 Weight limits, 92-60 TWO -PERCENT REAL ESTATE TRANSFER TAX Additional exemptions, 6-100 Appeals, 6-145 Applicability, 6-80 Apportionment of consideration subject to tax for property located only partly within town, 6-140 Community Preservation Fund, 6-70 — 6-175 Confidentiality, 6-160 Cooperative housing corporation trans- fers, 6-110 Costs and expenses, 6-135 Credit, 6-105 Definitions, 6-75 Deposit and disposition of revenue, 6-130 Designation of agent by County Treas- urer, 6-115 Determination of tax, 6-145 Exemptions from tax, 6-95 Hearings, 6-145 Imposition of tax, 6-80 Inspections, 6-160 Interest, 6-155 Intergovernmental agreement authority, 6-165 Judicial review, 6-135 Liability, 6-90, 6420, 6-130, 6-145 Liens, 6-150 Notices, 6-135, 6-145 Overpayment or underpayment, 6-130 Payment of tax, 6-85 Penalties for offenses, 6-155 Proceedings to recover tax due, 6-150 Recording Officer, 6-115, 6-120 Records, 6-85 Referendum requirement, 6-175 Refunds, 6-125 Remedies, 6-145 Return, filing of, 6-85 Town Supervisor, petition to, 6-145 Use of tax, 6-80 Warrants, 6-150 _U_ UNIFORM FIRE PREVENTION AND BUILDING CODE Accessory buildings, 45-8 Building permits, 45-8 Buildings, demolition of, 45-8 Certificate of occupancy, 45-8 Farm buildings, 45-8 Fees, 45-8 Hotels and motels, 45-8 Signs, 45-8 Single-family dwellings, 45-8 Swimming pools, 45-8 UNSAFE BUILDINGS Unsafe premises prohibited, 90-3 UTILITIES Flood damage prevention, 46-16 Site plan approval, 100-252 _V_ VARIANCES Coastal erosion hazard area, 37-30 — 37-39 Flood damage prevention, 46-23 Site plan approval, 100-254 VEHICLES Peddlers, solicitors and transient retail merchants, 69-10 VEHICLES AND TRAFFIC Fire wells, 92-47 Parking, 92-47, 92-49 — 9249.4, 92-61 Truck traffic restricted, 92-60 VEHICLES, MOTOR -DRIVEN, see MOTOR -DRIVEN VEHICLES VETERANS' EXEMPTION Amount of exemption, 85-8 Taxation, 85-7, 85-8 VIBRATIONS Farmland Bill of Rights, 100-222 SI -15 9-10-2004 SOUTHOLD SUPPLEMENTAL INDEX VOLUNTEER FIRE FIGHTERS AND AMBULANCE WORKERS, TAX EXEMPTION FOR Amount, 85-10 Applicability, 85-11 Exemption granted, 85-10 Qualifications, 85-10 Residency requirements, 85-10 Taxation, 85-10,85-11 _W_ WATERFRONT CONSISTENCY RE- VIEW Definitions, 95-3 Enforcement, 95-6 Management and coordination of LWRP, 95-4 Penalties for offenses, 95-7 Review of actions, 95-5 WATERSKIING Fishers Island Harbor management, 33-5 WEIGHT LIMITS Truck traffic restricted, 92-60 WIRELESS COMMUNICATION FA- CILITIES Airport regulations, 100-166 Antennas, 100-165 Appearance, 100-166 Area, yard and bulk regulations, 100-165 Collocation, 100-165 Commercial districts, 100-162, 100-166 Design standards, 100-165 Fences, 100-165 Height regulations, 100-162 Historic, buildings and districts, 100-164 Industrial districts, 100-162 Landscaping, 100-166 Lighting, 100-165 Location of use, 100-162 Marine districts, 100-162 Nonconforming uses, 100-168 Removal, 100-168 Residential districts, 100-162 Screening, 100-166 Setbacks, 100-165 Signs, 100-165 Special exception uses, 100-163 Towers, 100-162,100-165,100-166 Trees, 100-162, 100-166 Zoning, 100-160 — 100-169 _Z_ ZONING Adoption of Local Laws, 14-6 Affordable Housing (AHD) District, 100-50— 100-59 Bed -and -breakfast, 100-31, 100-281 Definitions, 100-25 Exceptions, 100-25 Farmland Bill of Rights, 100-220 — 100-226 General Business (B) District, 100-100— 100-103 Health care facilities, 100-31 Hearings, 100-26 Home professional office, 100-31 Life care community, 100-31 Light Industrial (LI) District, 100-140 — 100-143 Light Industrial Park/Planned Office Park (LIO) District, 100-130 — 100-133 Lighting, 100-239-5 Limited Business (LB) District, 100-80-100-83 Lots, 100-24,100-25 Merger, 100-25 Merger, waiver of, 100-26 Notice of public hearing, 100-292 Outdoor storage, 100-239.6, 100-239.7 Sale of local produce, 100-31 Site plan approval, 100-250 —100-256 Wireless communication facilities, 100-160-100-169 ZONING BOARD OF APPEALS Flood damage prevention, 46-22 SI -16 9-10-2004 • •