HomeMy WebLinkAbout1993 Code Supplement - 10/25/1993GENERAL CODE PUBLISHERS CORP.
INSTRUCTIONS
Town of Southold Code Supplement No. 83
• 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.
The page numbers should always correspond to this list.
REMOVE
INSERT
4801 - 4806
4801 - 4806
4806.1- 4806.2
4806.1- 4806.4
Do not remove pages 4807 - 4808
4809- 4810
4809- 4810
4810.1- 4810.2
4810.1- 4810.2
6502.1
6502.1- 6502.2
10159 -10160
10159- 10160
10160.1
Supplemental Index,
Supplemental Index,
SI -1 -SI -9
SI -1 -SI -9
•
Legislation, by number or date of adoption, included in this
supplement: L.L. Nos. 19-1993; 20-1993; 21-1993; 22-1993;
23-1993.
10-25-93
§ 48-1 GARBAGE, RUBBISH AND REFUSE § 48-1
Chapter 48
GARBAGE, RUBBISH AND REFUSE
§ 48-1. Definitions.
• § 48-2. Dumping prohibited generally.
§ 48-3. Town refuse disposal area.
§ 48-4. Fees; issuance and duration of permits and
licenses.
§ 48-5. Conveyance and transportation of refuse.
§ 48-6. Penalties for offenses.
§ 48-7. Revocation of permit and/or license.
GENERAL REFERENCES
Outdoor burning — See Ch. 36.
Junkyards — See Ch. 54.
Littering — See Ch. 57.
Scavenger wastes — See Ch. 75.
§ 48-1. Definitions.
Words and terms used in this chapter shall have the
following meanings:
ATTENDANT — Any employee of the Town of Southold
placed in charge of a town refuse disposal area under the
direction of the Town Board.
CANS — Shall be a recyclable and shall mean rinsed -
clean containers, with or without labels, comprised of
aluminum, tin, steel or a combination thereof which
contain or formerly contained only food and/or beverage
substances. "Cans" shall not mean oil, paint, pesticide or
aerosol cans. [Added 2-5-1991 by L.L. No. 1-19911
4801 10-25-93
§ 48-1 SOUTHOLD CODE § 48-1
CARDBOARD — Shall be a recyclable and shall mean
clean, dry corrugated cardboard, flattened and stacked.
[Added 11-26-1991 by L.L. No. 26-19911
COMMERCIAL SELF -HAULERS — Those businesses,
trades or other commercial enterprises which transport
the refuse and/or recyclables generated in the operation
of their business, trade or commercial enterprise for •
deposit at the Town of Southold refuse disposal area.
[Added 11-26-1991 by L.L. No. 27-19911
GLASS — Shall be a recyclable and shall mean all clear
(flint), green and brown (amber) colored glass containers
rinsed clean. "Glass" shall not mean wired glass, crystal,
ceramics, ' plate, window, laminated or mirrored glass or
light bulbs. [Added 2-5-1991 by L.L. No. 1-19911
ILLEGAL DUMPING — The deposit by any person of
garbage, rubbish, refuse or waste in any public place
within the Town of Southold, including its inland waters,
other than in containers designated for that purpose.
[Added 9-10-1993 by L.L. No. 20-19931
NEWSPAPER — Shall be a recyclable and shall include
unsoiled newsprint and all newspaper advertisement.
"Newspaper" shall not include phone books, junk mail,
plastic bags, cardboard boxes, brown paper bags,
magazines, catalogs or glossies. [Added 2-5-1991 by
L.L. No. 1-1991]
NONRECYCLABLE WASTE — The end product of solid
waste remaining after the. extraction of recyclable
materials, hazardous waste, construction and demolition
debris and landclearing debris. "Nonrecyclable waste"
results primarily from the handling, preparation and •
storage of food and includes but is not limited to
putrescible solid waste such as animal and vegetable
waste. [Added 9-10-1993 by L.L. No. 20-19931
PERSON — An individual, an association, a partnership
or a corporation.
4802 10-25-93
§ 48-1 GARBAGE, RUBBISH AND REFUSE § 48-1
PLASTICS — Shall be a recyclable and shall mean all
food, beverage or household containers such as soda,
detergent, bleach, milk, juice, shampoo or cooking oil
bottles, rinsed clean. "Plastics" shall not mean caps,
appliances, plastic with metal parts, six-pack rings,
biodegradable bags, fiberglass, waxed cardboard
• containers, vinyl or styrofoam. [Added 2-5-1991 by L.L.
No. 1-19911
RECYCLABLE — Any can, glass or plastic container or
newspaper as defined in this section. [Added 2-5-1991
by L.L. No. 1-19911
RECYCLABLE WOOD [Added 2-5-1991 by L.L. No.
1-1991]:
A. Clean untreated finished lumber products or
remnants containing no nails or other metals; or
B. Logs not greater than four (4) feet in length and six
(6) inches in diameter.
REFUSE — Shall have the same meaning as
"nonrecyclable waste." "Refuse" shall not include cans,
glass, plastics or newspaper, as further defined herein.
[Amended 10-9-1984 by L.L. No. 9-1984; 2-5-1991 by
L.L. No. 1-1991; 9-10-1993 by L.L. No. 20-1993]
REFUSE DISPOSAL AREA — The sanitary landfill site
owned and operated by the Town of Southold located
north of County Route 48 at Cutchogue, New York, and
any premises designated by the Town Board as a "refuse
disposal area" of the town for the disposal of refuse by
the residents of the town. [Amended 10-9-1984 by L.L.
No. 9-1984]
• RESIDENTIAL SELF -HAULERS — Those residents
who transport their refuse and/or recyclables for deposit
at the Town of Southold refuse disposal area. [Added
11-26-1991 by L.L. No. 27-19911
TOWN GARBAGE BAG — A distinctively labeled plastic
bag of such size and design as shall be determined by the
4803 10-25-93
§ 48-1 SOUTHOLD CODE § 48-2
Town Board, to be used for the disposal of nonrecyclable
waste. [Added 9-10-1993 by L.L. No. 20-19931
§ 48-2. Dumping prohibited generally. [Amended
7-31-1973]
A. No person shall collect, store, accumulate, throw, cast, •
deposit or dispose of or cause or permit to be collected,
stored, accumulated, thrown, cast, deposited or disposed
of any refuse and/or recyclable upon any premises or
upon any street, highway, sidewalk or public place
within the Town of Southold, except when authorized by
the Town Board. [Amended 3-24-1992 by L.L. No.
9-1992]
B. Nothing contained herein shall be construed so as to
prevent:
(1) The temporary accumulation of refuse by a resident
of the town upon premises occupied by him, to the
extent that such accumulation is ordinary and
necessary for his personal household requirements.
(2) The disposal of refuse at any refuse disposal area
maintained or authorized by the Town of Southold.
(3) The proper use of receptacles placed upon the
streets or other public places in the Town of
Southold for the depositing of refuse; provided,
however, that such public receptacles shall not be
used for the deposit of accumulated household
garbage.
(4) The engaging in secondhand junk and auto parts
activities and businesses when a license therefor •
has been obtained pursuant to the provisions of the
Southold town ordinance licensing and regulating
secondhand junk and auto parts activities and
businesses.)
1 Editor's Note: See Ch. 54, Junkyards.
4804 10-25-93
§ 48-2 GARBAGE, RUBBISH AND REFUSE § 48-3
C. Nonrecyclable waste and town garbage bags. [Added
9-10-1993 by L.L. No. 20-19931
(1) Nonrecyclable waste shall be deposited only at
designated areas within the town disposal area.
(2) Town garbage bags, shall be available at designated
• areas in the town.
(3) The size and design of the town garbage bag shall be
determined by resolution of the Town Board.
(4) The fee for each size of the town garbage bag shall
be determined by resolution of the Town Board.
(5) No person shall:
(a) Duplicate or imitate a town garbage bag.
(b) Give, sell or issue in any manner a duplicated
or imitated town garbage bag.
§ 48-3. Town refuse disposal area.
A. [Amended 2-5-1991 by L.L. No. 1-19911 No person
shall deposit or cause to be deposited in or on any refuse
disposal area maintained by the Town of Southold any
substance of any kind except in the areas designated by
and under the direction of the attendant in charge,
whether such direction is given personally or by another
person by his authority or by a sign or signs erected in
the refuse disposal area by the authority of the Town
Board or such attendant.
(1) Residential self -haulers and commercial self -
haulers. [Amended 11-26-1991 by L.L. No.
26-1991; 11-26-1991 by L.L. No. 27-19911
(a) No cans, as defined herein, shall be deposited at
any Town of Southold disposal area unless such
cans are separated from any and all solid waste,
trash, rubbish, vegetative yard waste,
cardboard, glass, metal or paper. Such cans are
4805 10-25-93
§ 48-3 SOUTHOLD CODE § 48-3
to be deposited only at designated areas within
such town disposal area.
(b) No cardboard, as defined herein, shall be
deposited at any Town of Southold disposal area
unless such cardboard is separate from any and
all solid waste, trash, rubbish, vegetative yard
waste, cans, glass, plastic, metal or paper. Such •
cardboard is to be deposited only at designated
areas within such town disposal areas.
(c) No glass, as defined herein, shall be deposited
at any Town of Southold disposal area unless
such glass is separated from any and all solid
waste, trash, rubbish, vegetative yard waste,
cans, cardboard, metal or paper. Such glass is
to be deposited only at designated areas within
such town disposal area and in the area
designated for the particular color of glass (i.e.,
clear, amber or green).
(d) No plastic, as defined herein, shall be deposited
at any Town of Southold disposal area unless
such plastic is separated from any and all solid
waste, trash, rubbish, vegetative yard waste,
cans, cardboard, glass or paper. Such plastic is
to be deposited only at designated areas within
such town disposal area or transfer station.
(e) No newspaper, as defined herein, shall be
deposited at any Town of Southold disposal area
unless such newspaper is separated from any
and all solid waste, trash, rubbish, vegetative
•
4806 10-25-93
§ 48-3 GARBAGE, RUBBISH AND REFUSE § 48-3
yard waste, cans, cardboard, glass or plastic.
Such newspaper is to be deposited only at
designated areas within such town disposal
area.
(f) Nonrecyclable waste. [Added 9-10-1993 by
L.L. No. 20-19931
• [1] Residential self -haulers. Nonrecyclable
waste generated by residential self -haulers
shall be disposed of only in a town garbage
bag as defined herein and deposited only at
designated areas within the town disposal
area.
[2] Commercial self -haulers. Nonrecyclable
waste generated by commercial self -
haulers may be either:
[a] Disposed of in a town garbage bag and
deposited at designated areas within
the town disposal area; or
[b] Disposed of at the designated areas
within the town disposal area upon
paying the appropriate charge as set
by Town Board resolution for the
weight of nonrecyclable waste
deposited.
(2) Private residential refuse haulers/carters.
(a) The owners or occupants of all residences
within the town which utilize collection services
provided by persons licensed to collect refuse
• pursuant to the provisions of this chapter shall
place recyclables in separate rigid containers at
curbside for collection on such day or days as
the licensee serving such residence shall
designate.
4806.1 10-25-93
§ 48-3 SOUTHOLD CODE § 48-3
(b) It shall be unlawful for any person to place out
for collection any container in which refuse is
mixed with recyclables.
(c) It shall be unlawful for any person to collect
refuse from a residence which is mixed with
recyclables or thereafter to commingle different
types of recyclables or to mix recyclables with •
refuse.
(d) Recyclables collected by private residential
refuse haulers/carters and transported to the
landfill/collection center shall be deposited in
areas designated by appropriate landfill
personnel.
(e) Nonrecyclable waste. [Added 9-10-1993 by
L.L. No. 20-19931
[11 The owners or occupants of all residences
within the town which utilize collection
services provided by persons licensed to
collect refuse pursuant to the provisions of
this chapter shall place nonrecyclable
waste in town garbage bags for collection
on such day or days as the licensee serving
such residents shall designate.
[21 It shall be unlawful for any person to place
out for collection any nonrecyclable waste
which is not in a town garbage bag. It shall
be unlawful for any person to collect
nonrecyclable waste from a residence
which is not in a town garbage bag.
[31 Nonrecyclable waste in town garbage bags •
collected by , private residential refuse
haulers/carters and transported to the
landfill/collection center shall be deposited
only in areas designated by appropriate
landfill personnel.
4806.2 10-25-93
§ 48-3 GARBAGE, RUBBISH AND REFUSE § 48-3
(3) Private commercial refuse haulers/carters. [Added
11-26-1991 by L.L. No. 27-19911
(a) The owners or occupants of all commercial es-
tablishments within the town which utilize
collection services provided by persons licensed
to collect refuse pursuant to the provisions of
• this chapter shall place recyclables in separate
rigid containers at curbside for collection on
such day or, days as the licensee serving such
business shall designate.
(b) It shall be unlawful for any commercial estab-
lishment to place out for collection any
container in which refuse is mixed with
recyclables.
(c) It shall be unlawful for any commercial estab-
lishment to place out for collection any
container in ' which one type of recyclable is
mixed with any other type or types of
recyclables.
(d) It shall be unlawful for any private commercial
refuse hauler/carter to collect refuse from any
commercial establishment which is mixed with
recyclables or thereafter to commingle different
types of recyclables or to mix recyclables with
refuse.
(e) Recyclables collected by private commercial
refuse haulers/carters and transported to the
landfill/collection center shall be deposited in
areas designated by appropriate landfill
• personnel.
B. No garbage, refuse, rubbish or other material that does .
not have its origin within the Town of Southold shall be
deposited or disposed of in the town refuse disposal area.
[Added 7-31-19731
C. No garbage, rubbish, refuse or other material that does
not have its origin within the Town of Southold shall be
4806.3 10-25-93
§ 48-3 SOUTHOLD CODE § 48-4
conveyed or transported over any street within the town
for delivery to the town refuse disposal area. [Added
5-3-1988 by L.L. No. 11-19882]
D. No vehicle shall be permitted to transport refuse into
any refuse disposal area maintained by the Town of
Southold unless such vehicle displays a valid permit
and/or license issued pursuant to the provisions of this •
chapter. [Added 7-24-1979 by L.L. No. 1-1979;
amended 10-9-1984 by L.L. No. 9-19841
E. The attendant at the town refuse area is authorized to
prohibit the disposal of discarded motor vehicles and/or
discarded fuel tanks having a capacity in excess of five
hundred fifty (550) gallons at the refuse disposal area.
[Added 7-15-1986 by L.L. No. 7-1986; amended
9-23-1986 by L.L. No. 12-19861
§ 48-4. Fees; issuance and duration of permits and
licenses. [Added 10-9-1984 by L.L. No. 9-19843]
A. The fees for the issuance of permits and/or licenses for
vehicles transporting refuse into any refuse disposal area
maintained by the Town of Southold shall be as follows:
(1) [Amended 10-23-1990 by L.L. No. 23-19901
Resident landfill permit: for noncommercial vehicles
of less than one -ton capacity owned by a resident
and/or taxpayer of the Town of Southold and
transporting only household refuse, provided that
such vehicle displays a valid resident landfill permit
issued in accordance with the following:
(Cont'd on page 4807) •
2 Editor's Note: This local law also renumbered former Subsections C and D as D and
E, respectively.
3 Editor's Note: This local law also renumbered former §§ 48-4 and 48-5 as §§ 48-5 and
48-6, respectively.
4806.4 10-25-93
§ 48-4 GARBAGE, RUBBISH AND REFUSE § 48-4
[1] The location of the property to be occupied
by the guests.
[2] The names and permanent addresses of the
guests.
[3] The length of time of the guest occupancy.
•
(b) Upon a determination by the Town Clerk or
person designated by her that the applicant is
entitled to a guest landfill permit and upon the
payment of the permit fee, such permit shall be
issued and inscribed with the vehicle license
registration number and shall be affixed to the
vehicle in the same manner as provided in
§ 48-4A(1)(c) hereof.
(c) The fee for the issuance of a guest landfill
permit shall be twenty-five dollars ($25.).
(4)
Per -load . fee of two dollars' ($2.) for each
noncommercial vehicle of less than one -ton capacity
which possesses no permit. [Amended 10-23-1990
by L.L. No. 24-1990; 2-26-1991 by L.L. No.
3-1991; 3-26-1991 by L.L. No. 9-19911
(5)
Per -load fee of thirty dollars ($30.) for each single -
axle truck which does not possess a permit.
[Amended 10-23-1990 by L.L. No. 24-1990;
2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L.
No. 9-1991; 12-8-1992 by L.L. No. 31-19921
(6)
Annual fee of sixty dollars ($60.) for each
commercial vehicle transporting liquid septic waste,
together with an additional fee of three cents ($0.03)
for each gallon of liquid waste discharged.
•
[Amended 10-23-1990 by L.L. No. 24-1990;
2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L.
No. 9-1991; 12-8-1992 by L.L. No. 31-19921
(7)
Annual fee of sixty dollars ($60.) for each
commercial contractor's vehicle of less than one -ton
maximum gross vehicle weight. [Amended
4809 10-25-93
§ 48-4 SOUTHOLD CODE § 48-4
10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L.
No. 3-1991; 3-26-1991 by L.L. No. 9-1991;
12-8-1992 by L.L. No. 31-19921
(8) Annual fee of sixty dollars ($60:) for each farm
vehicle of one -ton or more capacity transporting
agricultural waste. [Amended 10-23-1990 by L.L.
No. 24-1990; 2-26-1991 by L.L. No. 3-1991; •
3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L.
No. 31-1992]
(9) Per -load fee of sixty dollars ($60.) for each double -
axle truck which does not possess a permit.
[Amended 10-23-1990 by L.L. No. 24-1990;
2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L.
No. 9-1991; 12-8-1992 by L.L. No. 31-19921
(10) Annual fee of two hundred twenty dollars ($220.) for
each single -axle vehicle transporting solid waste
(garbage). [Amended 10-23-1990. by L.L. No.
24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991
by L.L. No. 9-1991; 12-8-1992 by L.L. No.
31-1992]
(11) Annual fee of two hundred twenty.dollars ($220.) for
each commercial contractor's vehicle of more than
one -ton capacity. [Amended 10-23-1990 by L.L.
No. 24-1990; 2-26-1991 by L.L. No. 3-1991;
3-26-1991 by L.L. No. 94991; 12-8-1992 by L.L.
No. 31-19921
(12) Annual fee of six hundred dollars ($600.) for each
double -axle, and/or compactor -type vehicle
transporting solid waste (garbage). [Amended
10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. •
No. 3-1991; 3-26-1991 by L.L. No. 9-1991;
12-8-1992 by L.L. No. 31-1992]
4810 10-25-93
§ 48-4 GARBAGE, RUBBISH AND REFUSE § 48-4
(13) Annual fee of six hundred dollars ($600.) for each
commercial contractor's double -axle and/or tractor -
trailer combination ' of more than one -ton capacity.
[Amended 10-23-1990 by L.L. No. 24-1990;
2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L.
No. 9-1991; 12-8-1992 by L.L. No. 31-19921
• B. [Added 11-29-1988 by L.L. No. 29-19884; amended
6-20-1989 by L.L. No. 11-1989; 3-13-1990 by L.L. No.
2-1990; 2-5-1991 by L.L. No. 1-1991; 11-24-1992 by
L.L. No. 29-1992; 10-5-1993 by L.L. No. 23-19931
Effective October 9, 1993, in addition to the fees
established in § 48-4A of this chapter, there shall be a fee
of three and five -tenths cents ($0.035) per pound on loads
containing the following:
(1) Heavy brush, landscaping and yard wastes,
including but not limited to stumps, branches,
shrubs, plants, trees, bushes and the like, but not
including leavesand grass clippings.
(2) Construction debris, including but not limited to
scrap and waste material discarded as refuse
resulting from construction.
(3) Wood, including, but not limited to timber, logs,
boards and the like, unless such wood is designated
by the landfill attendant as recyclable wood.
(4) Demolition debris, including but not limited to
waste and rubble resulting from remodeling,
demolition and extensive repair of structures, waste
cement, concrete, masonry work, bricks, tile,
sheetrock, plaster, wood, shingles and the like.
• (5) Rubbish, including but not limited to furniture,
fixtures, television antennas, carpets, awnings,
boats and other like objects that are not considered
normal everyday household waste.
4 Editor's Note: This local law also redesignated former Subsections B, C and D as
Subsections D, E and F, respectively.
4810.1 10-25-93
§ 48-4 SOUTHOLD CODE § 48-4
(6) Commercial and household garbage, and rubbish,
including but not limited to furniture, fixtures,
television antennas, carpets, awnings, boats and
other like objects.
C. Effective January 1, 1993, in addition to the fees
established in § 48-4A and B, there shall be a fee of ten
dollars ($10.) per item on appliances, including but not •
limited to white goods,. refrigerators, washers, dryers,
stoves, dishwashers, ovens and the like. [Added
11-29-1988 by L.L. No. 29-1988; 12-8-1992 by L.L. No.
31-19921
D. Issuance and duration of permits and/or licenses. All
permits and/or licenses provided for in this chapter shall
be issued by the Town Clerk. All annual permits.
(including those previously issued) shall expire one (1)
year from the date of the issuance thereof.
E. Refund of fees. In the event that the Town Clerk has
heretofore issued permits for vehicles transporting
refuse into the town
(Cont'd on page 4811)
r�
U
4810.2 10-25-93.
§ 65-2 PARKING AT BEACHES § 65-2
(8) Parking area located on the southerly side of
Narrow River Road adjacent to Hallock's Bay at
Orient, known and referred to herein as "Narrow
River Road Launching Ramp." [Added 11-19-1985
by L.L. No. 17-1985; amended 8-13-1991 by L.L.
No. 21-19911
• (9) Sound Road, Greenport, from the guardrail at the
northerly. terminus southerly for a distance of five
hundred (500) feet. [Added 8-13-1991 by L.L. No.
21-1991]
(10) Rocky Point Road, East Marion, from the guardrail
at the northerly terminus southerly for a distance of
five hundred (500) feet. [Added 8-13-1991 by L.L.
No. 21-19911
(11) Youngs Road, Orient, from the guardrail at the
northerly terminus southerly for a distance of five
hundred (500) feet. [Added 8-27-1991 by L.L. No.
22-19911
(12) Parking area on the north side of County Road 48 at
Mattituck, adjacent to Mattituck Creek, known and
referred to herein as "Town Launching Ramp at
Mattituck Creek." [Added 2-4-1992 by L.L. No
3-19921
(13) Leeton Drive, Southold, both sides, for a distance of
six hundred ten (610) feet westerly from its
intersection with Kenney's Road. [Added
11-24-1992 by L.L. No. 23-19921
(14) North Sea Drive, Southold, both sides, for a distance
of eight hundred twenty (820) feet westerly from its
• intersection with Horton's Lane. [Added
11-24-1992 by L.L. No. 23-19921
(15) Indian Neck Lane, Peconic, from the guardrail at
the southerly terminus northerly for a distance of
two hundred fifty (250) feet. [Added 9-21-1993 by
L.L. No. 21-19931
6502.1 10-25-93
§ 65-2 SOUTHOLD CODE § 65-2
(16) Parker's Landing Road, Peconic, from the guardrail
at the easterly terminus westerly to Indian Neck
Lane. [Added 10-5-1993 by L.L. No. 22-19931
B. No person shall park a vehicle in any parking area
designated herein as a "Parking by Permit Only" area
unless such vehicle displays a valid parking permit duly
issued for such vehicle in accordance with the provisions •
of this chapter.
(Cont'd on page 6503)
•
6502.2 10-25-93
§ 100-261 ZONING § 100-262
§ 100-261. Special exception uses; approval required.
[Amended 11-24-1992 by L.L. No. 22-19921
There is hereby created a category of land use approval to be
known as "special exception uses." Said uses may not be
commenced, created, undertaken, carried out or thereafter
• maintained or substantially expanded without a special
exception approval first having been 'obtained therefor, which
special exception approval shall be granted for the use by the
Zoning Board of Appeals according to the provisions for the
particular special exception use set forth in this Article or
elsewhere in this chapter. Any land use, including the erection,
construction, reconstruction, alteration, demolition, moving,
conversion or change of use of any structure, shall be a special
exception use requiring a special exception approval if the text
of this chapter or the use schedule hereof denotes the use as
being either the subject of a special exception approval or
simply a special exception use. No building permit for any such
special exception use shall be issued until the required special
exception approval shall have been granted for the same and
the conditions imposed in such approval as prerequisites to a
building permit, if there be any, have been met.
§ 100-262. Application; hearing; approval; violations of
conditions.
A. An application for a special exception approval shall be
on the form for the same provided by the Zoning Board of .
Appeals and shall be submitted in triplicate to the
Zoning Board of Appeals, which shall review the
application for completeness and conformity with this
chapter. The Zoning Board of Appeals shall reject the
• application if it is not complete or not in conformance
with the Zoning Code and shall notify the applicant as to
the reason for such rejection. If_ the application is
satisfactory, the applicant and the Zoning Board of
Appeals shall set the application down for a public
10159 10-25-93
§ 100-262 SOUTHOLD CODE § 100-262
hearing. The fee for a special exception shall be four
hundred dollars ($400.), as set forth in § 100-274.
[Amended 4-10-1990 by L.L. No. 4-1990; 12-11-1990
by L.L. No. 29-1990; 9-8-1993 by L.L. No. 19-19931
B. Prior to taking action on any special exception use, the
Zoning Board of Appeals shall schedule a public hearing
within forty-five (45) days after determination that the •
application is complete. Within sixty (60) days following
the close of the public hearing, the Board shall render a
decision on the application. [Amended 6-15-1993 by
L.L. No. 10-19931
C. [Amended 6-15-1993 by L.L. No. 10-1993] Effect of
approval. A special exception approval issued in
accordance with the provisions of this Article shall
authorize only the special exception use for which the
approval is granted. No use which is not a' special
exception use hereunder shall be authorized by any such
approval. The approval may include reasonable
conditions which the Zoning Board of Appeals
determines to be necessary or appropriate to ensure that
the applicable general and specific standards and
safeguards set forth in this chapter for the use can and
will be met and/or adhered to. A special exception
approval shall be valid for a period of six (6) months but
may be extended for one (1) additional six-month period
by the Zoning Board of Appeals within the requirement
of new public notice of hearing. A continuing or
permanent land use authorized, by a special -exception
approval, which use is undertaken or begun during the
period of validity of such approval, shall thereafter be
deemed a lawful use as if the same were permitted by
this chapter without need for a special exception permit; •
provided, however, that:
(1) All conditions imposed by the special exception
approval shall continue to apply unless they, by,
their express terms, are of limited duration.
10160 10-25-93
•
•
§ 100-262 ZONING § 100-262
(2) All conditions imposed on special exception approval
uses generally or specifically by this chapter shall
continue to apply, regardless of whether any such
(Cont'd on page 10161)
10160.1 10-25-93
•
SOUTHOLD SUPPLEMENTAL INDEX
— A —
ADMINISTRATOR
Coastal erosion hazard area, 37-42
Defined, 37-6
Powers and duties, 37-42
AFFORDABLE HOUSING (AHD)
DISTRICT
Penalties for offenses, 100-59
Zoning, 100-50 – 100-59
AGRICULTURAL LAND
PRESERVATION
Land Preservation Committee,
25-50
ALARM SYSTEMS
False alarms, 24-5, 24-6
Fees, 24-6
Penalties for offenses, 24-8
Permits, 24-3, 24-4
ANCHORING
Flood damage prevention, 46-16
APARTMENT
Defined, 100-13
APARTMENT HOUSE
Defined, 100-13
APPEALS
Coastal erosion hazard area, 37-35,
37-36
Flood damage prevention, 46-22
APPOINTMENTS
Land Preservation Committee,
25-50, 59-50
ARCHIVES
Defined, 72-3
M -M
BEACH
Defined, 37-6
BERMS
Height regulations, 100-231
BLUFF
Defined, 37-6
BOATS, DOCKS AND WHARVES
Bathing and swimming, 32-38.1
Ramps, 32-32.1
Regulation of personal watercraft
and specialty prop -craft, 32-36.3
Scuba diving, 32-38.2
Spear fishing, 32-38.3
BODY FLUIDS
Defined, A107-43.1
BONDS
Coastal erosion hazard area, 37-41
BOWRIDING
Defined, 32-31
BUILDING INSPECTOR
Flood damage prevention, 46-11,
46-14
Powers and duties, 46-14
BUILDING PERMITS
Site plan approval, 100-252
BULKHEAD
Defined, 100-13
_C_
CANS
Defined, 48-1
CANVASSERS
Defined, 69-1
See also PEDDLERS,.
SOLICITORS AND TRANSIENT
RETAIL MERCHANTS
CERTIFICATE OF COMPLIANCE
Defined, 100-13
Flood damage prevention, 46-14
CERTIFICATE OF
DETERMINATION
Defined, 100-13
CERTIFICATE OF OCCUPANCY
Site plan approval, 100-252
CHANNEL SYSTEM
Defined, 32-31
COASTAL EROSION HAZARD
AREA
Administration and enforcement,
37-40 – 37-49
Administrator, 37-42
Amendments, 37-50, 37-51
Appeals, 37-35, 37-36
Applicability, 37-20
SI -1 10-25-93
SOUTHOLD SUPPLEMENTAL INDEX
Beach area, 37-15
Bluff area, 37-17
Bonds, 37-41
Certification, 37-51
Coastal Erosion Hazard Board of
Review, 37-34
Conflicts, 37-44
Definitions, 37-6
Dune area, 37-16
Emergency activity, 37-20 — 37-29
Enactment, 37-1
Environmental review, 37-46
Erosion protection structures,
37-18
Establishment, 37-10
Fees, 37-32, 37-40
Findings, 37-5
General provisions, 37-1— 37-9
Interpretation, 37-43
Near shore area, 37-14
Notices, 37-21, 37-22
Penalties for offenses, 37-47
Permits, 37-11, 37-12, 37-40
Procedure, 37-50
Purpose, 37-4
Regulations, 37-10 — 37-19
Structural hazard area, 37-13
Title, 37-2
Traffic control, 37-19
Variances, 37-30 — 37-39
COASTAL EROSION HAZARD
AREA MAP
Defined, 37-6
COASTAL EROSION HAZARD
BOARD OF REVIEW
Coastal erosion hazard area, 37-34
COASTAL WATERS
Defined, 37-6
COASTLINE
Defined, 37-6
COLLAPSED BUILDINGS, see
UNSAFE BUILDINGS
COMMUNICABLE DISEASE
Defined, A107-43.1
COMMUNICABLE/INFECTIOUS
DISEASES
Definitions, A107-43.1
Line -of -duty exposures, A107-43.1
Notices, A107-43.1
Police Department rules and
regulations, A107-43.1
Policy, A107-43.1
Procedures, A107-43.1
Purpose, A107-43.1
Records, A107-43.1
Supplies, A107-43.1
COMPLAINANT
Defined, A107-35.1
CURBS
Highway specifications, A108-42
E9510
DEBRIS LINE
Defined, 37-6
DEDICATION OF ROADS
Highway specifications, A108-50
DEFINITIONS
Administrator, 37-6
Apartment, 100-13
Apartment house, 100-13
Archives, 72-3
Beach, 37-6
Bluff, 37-6 -
Body fluids, A107-43.1
Bowriding, 32-31
Bulkhead, 100-13
Cans, 48-1
Canvassers, 69-1
Certificate of compliance, 100-13
Certificate of determination,
100-13
Channel system, 32-31
Coastal Erosion Hazard Area Map,
37-6
Coastal waters, 37-6
Coastline, 37-6
Communicable disease, A107-43.1
Complainant, A107-35.1
Debris line, 37-6
Dune, 37-6
Eels, 77-201
Erosion, 37-6
SI -2
10-25-93
•
•
•
SOUTHOLD SUPPLEMENTAL INDEX
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
Federal Emergency Management
Agency, 46-4
Flood Boundary and Floodway
Map, 46-4
Flood elevation study, 46-4
Floodplain, 46-4
Flood -prone area, 46-4
Fraternal organization, 100-13
Glass, 48-1
Grading, 37-6
Habitable floor area, 100-13
Historic structure, 46-4
Home business office, 100-13
Home professional office, 100-13
Illegal dumping, 48-2
Living area, 100-13
Local administrator, 46-4
Major addition, 37-6
Mean low water, 37-6
Moveable structure, 37-6
Natural protective feature, 37-6
Natural protective feature area,
37-6
Nearshore area, 37-6
New manufactured home park or
subdivision, 46-4
Newspaper, 48-1
Nonrecyclable waste, 48-2
Normal maintenance, 37-6
Order of protection, A107-35.1
Peddler, 69-1
Person, 37-6, 69-1
Personal watercraft, 32-31
Plastics, 48-1
Primary dune, 37-6
Primary frontal dune, 46-4
Probable cause, A107-35.1
Receding edge, 37-6
Recession rate, 37-6
Records, 72-3
Records center, 72-3
Records disposition, 72-3
Records management, 72-3
Recreational vehicles, 46-4
Recyclable, 48-1
Recyclable wood, 48-1
Regulated activity, 37-6
Restoration, 37-6.
Retaining wall, 100-13
Secondary dune, 37-6
Servicing, 72-3
Significant fish and wildlife
habitat, 37-6
Solicitors, 69-1
Specialty prop -craft, 32-31
Structural hazard area, 37-6
Structure, 37-6
Substantial damage, 46-4
Toe, 37-6
Town garbage bag, 48-2
Transient retail business, 69-1
Unregulated activity, 37-6
Utilities, 100-51
Vegetation, 37-6
DRAINAGE
Highway specifications, A108-27,
A108 -29 –A108-33, A108-36
Site plan approval, 100-252
DRIVEWAYS '
Highway specifications, A108-40
DUNE
Defined, 37-6
DUST
Peddlers, solicitors and transient
retail merchants, 69-10
—E—
EELS
Defined, 77-201
EMERGENCIES
Coastal erosion hazard area,
37-20 – 37-29
SI -3
10-25-93
SOUTHOLD SUPPLEMENTAL INDEX
EROSION
Defined, 37-6
EROSION HAZARD AREA
Defined, 37-6
EROSION PROTECTION
STRUCTURE
Defined, 37-6
EXCAVATIONS
Highway specifications, A108-18
EXISTING MANUFACTURED
HOME PARK OR
SUBDIVISION
Defined, 46-4
EXISTING STRUCTURE
Defined, 37-6
EXPANSION TO AN EXISTING
MANUFACTURED HOME
PARK OR SUBDIVISION
Defined, 46-4
—F—
FALSE ALARMS
Alarm systems, 24-5, 24-6
FAMILY/HOUSEHOLD
Defified, A107-35.1
FAMILY OFFENSE
Defined, A107-35.1
FEDERAL EMERGENCY
MANAGEMENT AGENCY
Defined, 46-4
FEES
Alarm systems, 24-6
Coastal erosion hazard area, 37-32,
37-40
Flood damage prevention, 46-12
Garbage, rubbish and refuse, 48-2
Peddlers, solicitors and transient
retail merchants, 69-4, 69-9
Site plan approval, 100-256
FENCES
Highway specifications, A108-42
FLOOD BOUNDARY AND
FLOODWAY MAP
Defined, 46-4
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
FLOOD ELEVATION STUDY
Defined, 46-4
FLOODPLAIN
Defined, 46-4
FLOOD -PRONE AREA
Defined, 46-4
FRATERNAL ORGANIZATION
Defined, 100-13
GARBAGE, RUBBISH AND
REFUSE
Fees, 48-2
SI -4
10-25-93
•
•
•
•
SOUTHOLD SUPPLEMENTAL INDEX
Nonrecyclable waste, 48-2, 48-3
Town garbage bag, 48-2
GLASS
Defined, 48-1
GRADING
Defined, 37-6
GUARANTIES
Site plan approval, 100-254
_H_
HABITABLE
H—
HABITABLE FLOOR AREA
Defined, 100-13
HEARINGS
Peddlers, solicitors and transient
retail merchants, 69-11
Site plan approval, 100-254
HEIGHT REGULATIONS
Berms, 100-231
HIGHWAY SPECIFICATIONS
Alterations or modifications to
specifications, A108-48
As -constructed survey, A108-46
Ashpalt wearing course, A108-23
Asphalt binder course, A108-22
Asphalt pavement cores, A108-26
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
entrances, A168-40
Construction specifications,
A108-15.1, A108-15
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
Granite curbs, A108-39
Inspections, A108-49
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,
A108-20
Storm drains, A108-33
Stormwater drainage systems,
A108-32
Streetlighting, A108-47
Street signs, A108-12
Street trees, A108-45
Stripping and stockpiling soil,
A108-17
Topsoil, A108-43
Trees, A108-43
HISTORIC STRUCTURE
Defined, 46-4
HOME BUSINESS OFFICE
Defined, 100-13
HOME PROFESSIONAL OFFICE
Defined, 100-13
Noise, 100-31
Setbacks, 100-31
Signs, 100-31
Storage, 100-31
Zoning, 100-31
SI -5
10-25-93
SOUTHOLD SUPPLEMENTAL INDEX
—I—
ILLEGAL DUMPING
Defined, 48-2
INSPECTIONS
Highway specifications, A108-49
INVESTIGATIONS
Peddlers, solicitors and transient
retail merchants, 69-7
—L—
LAND PRESERVATION
COMMITTEE
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
LIABILITY
Flood damage prevention, 46-10
LICENSES
Peddlers, solicitors and transient
retail merchants, 69-1– 69-13
LIGHTING
Site plan approval, 100-252
LIVING AREA
Defined, 100-13
LOCAL ADMINISTRATOR
Defined, 46-4
EWME
MAJOR ADDITION
Defined, 37-6
MANUFACTURED HOMES
Flood damage prevention, 46-15,
46-21
MEAN LOW WATER
Defined, 37-6
MEMBERSHIP
Land Preservation Committee,
25-50, 59-50
MERCHANTS, see PEDDLERS,
SOLICITORS AND
TRANSIENT RETAIL
MERCHANTS
MOVEABLE STRUCTURE
Defined, 37-6
—N—
NATURAL PROTECTIVE
FEATURE
Defined, 37-6
NATURAL PROTECTIVE
FEATURE AREA
Defined, 37-6
NEARSHORE AREA
Defined, 37-6
NEW MANUFACTURED HOME
PARK OR SUBDIVISION
Defined, 46-4
NEWSPAPER
Defined, 48-1
NOISE
Home professional office, 100-31
Peddlers, solicitors and transient
retail merchants, 69-10
NONRECYCLABLE WASTE
Defined, 48-2
Garbage, rubbish and refuse, 48-2,
48-3
NORMAL MAINTENANCE
Defined, 37-6
NOTICES
Coastal erosion hazard area, 37-21,
37-22
Communicable/infectious diseases,
A107-43.1
Pro -arrest policy, A107-35.1
Site plan approval, 100-254
SI -6 10-25-93
•
•
•
•
SOUTHOLD SUPPLEMENTAL INDEX
—O—
OBSTRUCTIONS
Peddlers, solicitors and transient
retail merchants, 69710
OFF-STREET PARKING AND
LOADING
Site plan approval, 100-252
OPEN SPACE PRESERVATION
Land Preservation Committee,
59-50
ORDER OF PROTECTION
Defined, A107-35.1
PEDDLER
Defined, 69-1
PEDDLERS, SOLICITORS AND
TRANSIENT RETAIL
MERCHANTS
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
Coastal erosion hazard area, 37-47
Flood damage prevention, 46-9
Peddlers, solicitors and transient
retail merchants, 69-13
PERMITS
Alarm systems, 24-3, 24-4
Coastal erosion hazard area, 37-11,
37-12, 37-40
Flood damage prevention, 46-12,
46-13
PERSON
Defined, 37-6, 69-1
PERSONAL WATERCRAFT
Defined, 32-31
PLASTICS
Defined, 48-1
POLICE DEPARTMENT RULES
AND REGULATIONS
Communicable/infectious diseases,
A107-43.1
Pro -arrest policy, A107-35.1
POWERS AND DUTIES
Administrator, 37-42
Building Inspector, 46-14
Land Preservation Committee,
25-50, 59-50
Records Advisory Board, 72-5
Records management officer, 72-4
PRIMARY DUNE
Defined, 37-6
PRIMARY FRONTAL DUNE
Defined, 46-4
PRO -ARREST POLICY
Accusatory instrument, A107-35.1
Definitions, A107-35.1
General provisions, A107-35.1
Notices, A107-35.1
Orders or protection, A107-35.1
Police Department rules and
regulations, A107-35.1
Procedure, A107-35.1
Protection of identity of victim,
A107-35.1
Purpose, A107-35.1
PROBABLE CAUSE
Defined, A107-35.1
SI -7
10-25-93
SOUTHOLD SUPPLEMENTAL INDEX
— R —
RAMPS
Boats, docks and wharves, 32-32.1
RECEDING EDGE
Defined, 37-6
RECESSION RATE
Defined, 37-6
RECORDS
Communicable/infectious diseases,
A107-43.1
Defined, 72-3
Peddlers, solicitors and transient
retail merchants, 69-8
RECORDS ADVISORY BOARD
Powers and duties, 72-5
Records management, 72-5
RECORDSCENTER
Defined, 72-3
RECORDS DISPOSITION
Defined, 72-3
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, 72-2,
72-4,72-6
RECORDS MANAGEMENT
OFFICER
Powers and duties, 72-4
Records management, 72-2, 72-4
RECREATIONAL VEHICLES
Defined, 46-4
Flood damage prevention, 46-21
RECYCLABLE
Defined, 48-1
RECYCLABLE WOOD
Defined, 48-1
REGISTRATION
Peddlers, solicitors and transient
retail merchants, 69-3, 69-6
REGULATED ACTIVITY
Defined, 37-6
RESTORATION
Defined, 37-6
RETAINING WALL
Defined, 100-13
—S—
SALES
Peddlers, solicitors and transient
retail merchants, 69-1– 69-13
SCREENING
Highway specifications, A108-43
Site plan approval, 100-252
SECONDARY DUNE
Defined, 37-6
SERVICING
Defined, 72-3
SETBACKS
Home professional office, 100-31
SHELLFISH
Eels, 77-208.1
Vegetation removal prohibited,
77-211.2
SIDEWALKS
Highway specifications, A108-40
SIGNIFICANT FISH AND
WILDLIFE HABITAT
Defined, 37-6
SIGNS
Highway specifications, A108-12
Home professional office, 100-31
Peddlers, solicitors and transient
retail merchants, 69-12
SITE PLAN APPROVAL
Applicability, 100-250
Application requirements, 100-256
Approval of plan required, 100-253
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
Landscaping, 100-252
SI -8 10-25-93
•
•
•
•
SOUTHOLD SUPPLEMENTAL INDEX
Lighting, 100-252
Notices, 100-254
Objectives, 100-252
Off-street parking and loading,
100-252
Purpose, 100-251
Review procedure, 100-254
Screening, 100-252
Utilities, 100-252
Variances, 100-254
Zoning, 100-250 –100-256
SOLICITORS
Defined, 69-1
See also PEDDLERS,
SOLICITORS AND TRANSIENT
RETAIL MERCHANTS
SPECIALTY PROP -CRAFT
Defined, 32-31
STOP -WORK ORDERS
Flood damage prevention, 46-14
STORAGE
Home professional office, 100-31
STREETLIGHTING
Highway specifications, A108-47
STRUCTURAL HAZARD AREA
Defined, 37-6
STRUCTURE
Defined, 37-6
SUBDIVISION OF LAND
Flood damage prevention, 46-15
SUBSTANTIAL DAMAGE
Defined, 46-4
— T —
TERMS OF OFFICE
Land Preservation Committee,
25-50, 59-50
TOE
Defined, 37-6
TOPSOIL
Highway specifications, A108-43
TOWN GARBAGE BAG
Defined, 48-2
Garbage, rubbish and refuse, 48-2
TRANSIENT MERCHANTS, see
PEDDLERS, SOLICITORS
AND TRANSIENT RETAIL
MERCHANTS
TRANSIENT RETAIL BUSINESS
Defined, 69-1
TREES
Highway specifications, A108-43,
A108-45
_U_
UNREGULATED
U—
UNREGULATED ACTIVITY
Defined, 37-6
UNSAFE BUILDINGS
Unsafe premises prohibited, 90-3
UTILITIES
Defined, 100-51
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
VEGETATION
Defined, 37-6
VEHICLES
Peddlers, solicitors and transient
retail merchants, 69-10
_Z_
ZONING
Affordable Housing (AHD) District,
100-50 –100-59
Home professional office, 100-31
Site plan approval, 100-250 –
100-256
ZONING BOARD OF APPEALS
Flood damage prevention, 46-22
SI -9
10-25-93