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Home My WebLink About2003 Code Supplement - 03/15/2003GENERAL CODE PUBLISHERS CORP.. INSTRUCTIONS Town of Southold Code Supplement No. 138 The enclosed new and/or replacement pages should be placed 40 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 611-612 8501 — 8502 8502.1 Supplemental Index, SI -11— SI -16 INSERT Table of Contents, xi — xii 611-612 612.1 8501 — 8502 8502.1— 8502.2 8509-8511 Supplemental Index, SI -11— SI -16 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 2-2003; 4-2003. 3-15-2003 • • • • TABLE OF CONTENTS CHAPTER i: V.T-"6 77. Shellfish ................................ 7701 Article I Catching of Shrimp Article II Taking of Shellfish and Eels 78. (Reserved) ............................... 7801 79. (Reserved) ................................ 7901 80. Sidewalks ............................... 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 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. (Reserved) ...................:............ 9501 96. (Reserved) ............................... 9601 �l ` Xi 3-15-2001 r� i SOUTHOLD CODE CHAPTER PAGE 97. Wetlands................................ 9701 98. (Reserved) ............................... 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 ................... A10601 A107. ! Police Department Rules and Regulations ........................... A10701 A108. j Highway Specifications ................ A10801 xii 3-15- 2001 § 6-39 COMMUNITY PRESERVATION FUND § 6-45 § 6-39. Severability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its • operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 6-40. Effective date. This article shall take effect immediately upon filing with the Secretary of State as provided by law. ARTICLE II Southold Community Preservation Project Plan [Adopted 8-25-1998 by L.L. No. 14-19981 §§ 6-41 through 6-44. (Reserved) § 6-45. Legislative findings; purpose. A. The Town of Southold possesses a rich heritage of open space and scenic and natural resources and historic places which are vital to the town's sense of place and to its economic success as a community. However, the lands which comprise these resources are rapidly being lost to development, and the town's special identity is in danger of being damaged forever. In furtherance of its goal of • preserving the town's remaining open space and natural, scenic and historic treasures, the Southold Town Board finds it necessary to adopt a plan for their conservation. Such plan is specifically authorized under § 64-e of the New York Town Law and will serve as the basis for the expenditure of any moneys from the Southold Community Preservation Fund, including those moneys realized under this chapter's two -percent real estate 611 10-30-98 I § 6-4�5 SOUTHOLD CODE § 6-54 transfer tax, which is also authorized by Town Law § 64- e and Article 31-D of the New York Tax Law. It is the purpose of this article to establish and create the Southold Community Preservation Project Plan to help guide the town's efforts to preserve open spaces and natural, scenic and historic places and to implement the requirements of Town Law 64-e and Article 31-D of the • New York Tax Law. i I §§ 6'46 through 6-49. (Reserved) § 6-50. Community preservation project plan adopted. For the reasons set forth in § 6-45 hereof, the Town Board of the i Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town Planning. Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the work session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by § 64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. i §§ 41 through 6-53. (Reserved) II ` § 6-54. Severability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. 612 10-30-98 1 • TAXATION Chapter 85 TAXATION ARTICLE I 40 Senior Citizen Exemption § 85-1. Partial exemption for senior citizens. § 85-2.. Conditions. § 85-3. Applications. § 854. Reapplications. § 85-5. Penalties for offenses. § 85-5.1. Notice. ARTICLE II Business Investment Exemption § 85-6. Exemption repealed. ARTICLE III Veterans' Exemption § 85-7. Purpose. § 85-8. ' Amount of exemption. is ARTICLE IV Exemption for Disabled Persons With Limited Income § 85-9. Exemption granted. 8501 3-15-2001 § 85-1 SOUTHOLD CODE § 85-1 f [HISTORY: Adopted by the Town Board of the Town of Southold as indicated in article histories. Amendments noted where applicable.] ARTICLE I Senior Citizen Exemption [Adopted 4-20-19711 i § 85-R. Partial exemption for senior citizens. [Amended 3-12-1985 by L.L. No. 3-1985; 2-2-1993 by L.L. No. 2-1993; 12-27-1994 by L.L. No. 31-1994; 5-28-1996 by L.L. No. 9-1996; 2-4-1997 by L.L. No. 3-1997; 2-29-1998 by L.L. No. 1-19981 Al. Amount of exemption. (1) [Amended 9-29-1998 by L.L. No. 16-1998; 1-30-2001 by L.L. No. 3-20011 Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from town taxes to the extent provided, j subject to the following income limitations: Income Extent of Exemption Up to $20,499 50% $20,500 to $21,499 45% $21,500 to $22,499 40% j $22,500 to $23,499 35% $23,500 to $24,399 30% $24,400 to $25,299 25% $25,300 to $26,199 20% $26,200 to $27,099 15% $27,100 to $27,999 10% $28,000 to $28,899 5% (2)- Such. exemption shall be computed after all other partial exemptions allowed by . law have been subtracted from the total amount assessed. 8502 3-15-2001 r r § 85-1 1 TAXATION § 85-2 B. The real property tax exemption on real property owned by husband and wife, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse, so long as the surviving spouse is at least 62 years of age. C. The above income shall be calculated as described in • Real Property Tax Law § 467 and shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and net income from self- employment, but shall not include a return of capital, gifts, inheritances, payments made to individuals because of their status as victims of Nazi persecution as defined in P.L. 103-286 or moneys earned through employment in the federal foster grandparent program, and any such income shall be offset by all medical and prescription drug expenses actually paid which were not reimbursed or paid by insurance. § 85-2. Conditions. [Amended 3-12-1985 by L.L. No. 3-1985] No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum of twenty-one thousand two (Cont'd on page 8503) • 8502.1 3-15-2001 t SOUTHOLD � SUPPLEMENTAL INDEX Salvaging centers, 74-4 . Vehicles and traffic, 92-47, 92-49 — 92-49.4,92-61 PARRING AT BEACHES Fishers Island, 65-3.1 • PARRS AND RECREATION AR- EAS Lighting, 100-239.5 PEDDLERS, SOLICITORS AND TRANSIENT RETAEL MER- CHANTS Canvassing for religious purposes, 69-14 Definitions, 69-2 Dust, 69-10 Exemptions, 69-4 Fees, 69-4,69-9 Hearings, 69-11 Investigations, 69-7' Legislative intent, 69-1 Licenses, 69-1— 69-13 Noise, 69-10 Obstructions, 69-10 Penalties for offenses, 69-13 Permitted activities,•69-5 Records, 69-8 Registration,, 69-3, 69-6 Restrictions, 69-10 Sales, 69-1— 69-13 Signs, 69-12 Vehicles, 69-10 PENALTIES FOR OFFENSES Affordable Housing (AHD) District, 100-59 Alarm systems; 24-8 Burning, outdoor, 36-5 Coastal erosion hazard area, 37-47 Ethics, Code of, 10-24 Farmland Bill of Rights, 100-225 Farm stands, 47-6 Filming, 44A-14 Fishers Island Harbor management, - 33-14 Flood damage prevention, 46-9 Motor -driven vehicles, 60-7 Peddlers, solicitors and transient retail merchants, 69-13 Salvaging centers, 74-6 Site plan approval, 100-259 Street numbering: addresses, 84-8 Two -percent real estate transfer tax, 6-155 PERMITS Alarm systems; 24-3, 24-4 Boats; docks and wharves, 32-39.3, 32-39.4 Coastal erosion hazard area, 37-11, 37-12,37-40 Farm stands, 47-2 — 47-4 Filming, 44A -2,44A -3,44A-12, 44A-13 Fishers Island, 65-3_I Fishers Island Harbor management, 33-6 Flood damage prevention, 46-12, 46-13 Handicapped parking, 9248 Public entertainment and special events, 71-1 Salvaging centers, 74-2, 74-3, 74-5 Signs, 100-209 See also BUILDING PERMITS; NIGHT FISHING PARKING PERMIT POLICE DEPARTMENT RULES AND REGULATIONS Communicabletinfectious diseases, A107-43.1 Pro -arrest policy, A107-35.1 POWERS AND DUTIES Administrator, 37-42 Building Inspector, 46-14 Ethics Board, 10-20 Fishers Island Harbor Committee, 33-3 Land Preservation Committee, 25-50, 59-50 Records Advisory Board, 72-5 Records Management Officer, 72-4 Superintendent of Highways, 44A-5 Transportation, Commission, 22-5 PRO -ARREST POLICY Accusatory instrument, A107-35.1 Definitions, A107-35.1 General provisions, A107-35.1 Notices, A107-35.1 Orders of protection, Al 07-35.1 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 SI -11 SOUTHOLD SUPPLEMENTAL INDEX ain entertainment restricted, 71-1 RECORDS MANAGEMENT OF - :uses, 71-1 FICER s,71-1 Powers and duties, 72-4 ;, 71-1,100-274 Records management, 72-2,72-4 door shows, 71-1 RECREATIONAL VEHICLES nits, 71-1 Flood damage prevention, 46-21 cries outdoor events, 71-1 See also MOTOR -DRIVEN VEHI- CLES REGISTRATION — Q — Peddlers, solicitors and transient retail ,IFICATIONS merchants, 69-3, 69-6 utectural Review Committee, RESIDENCY REQUIREMENTS 100-258 Architectural Review Committee, cs Board, I0-19 100-258 RESIDENTIAL DISTRICTS Wireless communication facilities, _ R _ 100-162 RESIDENTIAL OFFICE (RO) ING DISTRICT ers Island Harbor management, Additional standards, 100-71 33-10 Outdoor storage, 100-71 :Is RESTRICTED TRUCK TRAFFIC, is, docks and wharves, 32-32.1. see TRUCK TRAFFIC RE- IRDING OFFICER STRICTED ignation, 6-115 iility, 6-120 i -percent real estate transfer tax, _ S _ 6-115,6-120 IRDS ' SALARIES AND COMPENSA tmunicable/infectious diseases, TION ' A107-43.1 Architectural Review Committee, cs Board, 10-23 100-258 iters, solicitors and transient retail SALES merchants, 69-8 Boats, unnavigable, 33-12 percent real estate transfer tax, Local produce, 100-31 6-85 Peddlers, solicitors and transient retail IRDS ADVISORY BOARD merchants, 69-1 — 69-13 ers and duties, 72-5 SALVAGING CENTERS )rds management, 72-5 Definitions,.74-I IRDS MANAGEMENT Fees, 74-3 ody and control of records, 72-6 Parking, 74-4 nitions, 72-3 Penalties for offenses, 74-6 iosition of records, 72-7 Permits, 74-2, 74-3, 74-5 it, 72-1 SCHOOLS pain. established, 72-2 Tobacco advertising, 86-3 )rds Advisory Board, 72-5 SCREENING )rds Management Officer, 72-4, Highway specifications, A108-43 72-6 Site plan approval, 100-252 )rds management officer, 72-2 Wireless communication facilities, 100-166 SETBACKS Farm stands, 47-3 SI -12 6-5-2002 E C7 • • SOUTHOLD SUPPLEMENTAL INDEX 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, 100-31 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 Fre 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 SOLICITORS, see PEDDLERS, SOLICITORS AND TRAN- SIENT RETAIL.MERCHANTS SOUTHOLD COMMUNITY PRESERVATION FUND, see COMMUNITY PRESERVATION FUND SPECIAL EVENTS Fees, 100-274 See also PUBLIC ENTERTAINMENT AND SPECIAL EVENTS SPECIAL EXCEPTION USES Wireless communication facilities, 100-163 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- DOOR STORAGE STREETLIGHTING Highway specifications, A108-47 SI -13 6-5-2002 SOUTHOLD SUPPLEMENTAL INDEX STREET NUMBERING: AD- DRESSES 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, 84-4 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 HIGH- WAYS Filming, 44A-5 Powers and duties, 44A-5 SWIIVEVffiVG 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 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, A108-43 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, 44A-4 TRANSIENT MERCHANTS, see PEDDLERS, SOLICITORS AND TRANSIENT RETAIL MER- CHANTS TRANSPORTATION ACCESS MANAGEMENT Definitions, 22-3 Purpose, 22-2 Transportation Commission, 22-4, 22-5 TRANSPORTATION COMMIS- SION Appointments, 22-4 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 TR.AF71C 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 SI -14 6-5-2002 • Cl is • SOUTHOLD SUPPLEMENTAL INDEX 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, 6-120, 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 Buildings, demolition of, 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 — 92-49.4, 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 -W- WATERSHIING Fishers Island Harbor management, 33-5 WEIGHT LIMITS Truck traffic restricted, 92-60 WIRELESS COMMUNICATION FACILITIES 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 SI -15 6-5-2002 SOUTHOLD SUPPLEMENTAL INDEX 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/Plauned 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, -169 100BOAR ZONING BOARD OF APPEALS OF0 Flood damage prevention, 46-22 SI -16 6-5-2002