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HomeMy WebLinkAbout1990 Code Supplement - 07/25/1990GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 56 The enclosed new and/or replacement pages should be placed in your Code volume immediately! The dateline, on the lower right • corner, does not indicate the adoption date of the Code changes, but rather identifies the pages printed with this supplement. The adoption date of the most recent legislation included in this supplement is 6-5- 1990 (L.L. No. 11-1990). • The page numbers should always correspond with this list. REMOVE 10019 -10020 10061- 10064 10167- 10068 10168.1 10173 -10174 Appendix A10629 - A10630 INSERT 10019 - 10020 10020.1 10061- 10064 10064.1 10167 -10068 10168.1 10173 - 10174 A10629 - A10630 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 8-1990; 9-1990; 10-1990; 11-1990; 5-22-90. 7-25-90 § 100-13 ZONING § 100-13 DEDICATION — The conveyance of a fee or lesser interest in property to public use, which precludes the owner or others under him from asserting any right of ownership inconsistent with the use for which the property is dedicated. DWELLING, MULTIPLE — A building or portion thereof containing three (3) or more dwelling units. • DWELLING, ONE -FAMILY — A detached building contain- ing one (1) dwelling unit only consisting of a minimum living area of eight hundred fifty (850) square feet. [Amended 4-24- 1990 by L.L. No. 8-1990] DWELLING, ROW OR ATTACHED — A one -family dwell- ing with two (2) common or party walls separating it from adjacent units on both sides. DWELLING, SEMIDETACHED — A one -family dwelling with one (1) wall in common with an adjacent dwelling. DWELLING, TWO-FAMILY — A detached building contain- ing two (2) dwelling units only. DWELLING UNIT — A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one (1) family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other "dwelling unit." A house trailer, a boarding- or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn, lodging or nursing or other similar home or other similar structure shall not be deemed to constitute a "dwelling unit." EASEMENT — A grant of the use of land for specific pur- poses. FAMILY — One (1) or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five (5) persons eighteen (18) years of age or older, exclusive of domestic servants, not related by blood, marriage or adoption shall not be considered a "family." 10019 7-25-90 § 100-13 SOUTHOLD CODE § 100-13 FARM — A site or series of adjoining parcels under single ownership or management devoted to agricultural use. FARM BUILDINGS — All structures useful or necessary for the conduct of agricultural activities, including but not limited to barns, silos, mechanical equipment storage sheds, animal pens or other shelters. FENCE — A vertical enclosure, solid or partially open, to • prevent straying from within or intrusion from without or intended to be used as a visual screen. A "fence" is considered a structure for the purposes of this chapter. FISH PROCESSING — The readying of fish and shellfish for shipping to market, including icing, cleaning, filleting, shucking and the cooking of crabs or lobster, but not including other cooking, canning, freezing, smoking or other fish factory operations. FLOOD HAZARD AREA — Land in the floodplain subject to a one -percent or greater chance of flooding in any given year. FLOODPLAIN — The relatively flat area or low lands adjoin- ing the channel of a river, stream, watercourse, canal or any body of standing water which has been or may be covered by floodwater. FLOOR AREA — The sum of the gross horizontal areas of all floors of the building or buildings on a lot, having a clear height of not less than six (6) feet measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings, including cellar and basement areas. The "floor area" shall not include roof overhangs projecting less than three (3) feet or any floors or portions thereof contained on terraces or balconies projecting beyond the exterior face of the building. • FLOOR AREA, LIVABLE — All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than ten percent (10%) 10020 7-25-90 • 0 § 100-13 ZONING § 100-13 of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. (Confd on page 10021) 10020.1 7-25-90 § 100-55 ZONING § 100-55 and requirements of this Article. A copy of the Town Board's determination shall be filed with the Planning Board and a copy mailed to the applicant. A copy shall also be filed in the Town Clerk's office. If such determina- tion approves the establishment of a new AHD District, the Town Clerk shall cause the Official Zoning Map to be amended accordingly. • (2) Approval of the establishment of an AHD District shall expire twelve (12) months after the date of Town Board approval thereof if the applicant has not received site development plan approval and final subdivision plat approval of at least the first section of the planned development within such twelve-month period. Approval of the establishment of an AHD District shall expire eighteen (18) months after said Town Board approval thereof if work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence. The Town Board, upon application of the applicant and upon good cause being shown, may, in the exercise of its discretion, extend both of the above time periods for not more than two (2) additional periods of not more than six (6) months each. In the event of the expiration of approval as herein provided, the AHD District shall be deemed revoked, and the zoning classification of the property affected thereby shall revert to the zoning classification that existed on the property immediately prior to the establishment of the AHD District thereon, and the Town Clerk shall cause the Official Zoning Map to be amended accordingly. G. Site plan and subdivision plat approval by the Planning Board. • (1) No earthwork, site work, land clearing, construction or development activities shall take place on any property within an AHD District except in accordance with a site plan approved by the Planning Board in accordance with the provisions of this Article and in accordance with the procedures and standards for site plan approval as set forth in Article XXV of this chapter. 10061 7-25-90 § 100-55 SOUTHOLD CODE § 100-56 (2) Where a proposed development involves the subdivision or resubdivision of land, no development shall proceed until the Planning Board has granted final subdivision plat approval in accordance with the provisions of Chapter A106, Subdivision of Land, of the Town Code. § 100-56. General regulations and requirements. • A. Sewer and water. In an AHD District, public water supply systems and/or public sewage disposal systems shall be provided to serve all dwelling units located therein. B. Covenants and restrictions. In approving a preliminary development concept plan and/or the establishment of an AHD District, the Town Board shall have the right to require the applicant and/or the owner and all persons having an interest in the premises to execute an agreement, in recordable form, containing such restrictions, covenants, terms and conditions as it deems necessary to accomplish the intent and purposes of this Article. C. Provision for moderate -income family dwelling units and unimproved lots. (1) On land within an AHD District containing ten (10) acres or less of land, not less than forty percent (40%) of the dwelling units and/or unimproved lots located therein shall be reserved for sale or lease to moderate income families. (2) On land within an AHD District containing more than ten (10) acres of land, not less than fifty percent (50%) of the dwelling units and/or unimproved lots therein shall be reserved for sale or lease to moderate income families. D. [Amended 5-5-1990 by L.L. No. 9-1990] Eligibility. In each • AHD, the sale or lease of dwelling units and unimproved lots reserved for moderate -income families, who have not had any ownership interest in any residence for the past three (3) years, shall be allocated on a priority basis, in the following order: 10062 7-25-90 '- § 100-56 ZONING § 100-56 (1) To eligible applicants who have resided and have had primary full-time employment of either spouse, if applicable, within the Town of Southold for a period of at least one (1) year at the time of their application. (2) To eligible applicants who have either resided or have had primary full-time employment of either spouse, if • applicable, within the Town of Southold for a period of at least one (1) year at time of their application. (3) To all other eligible applicants. E. Maximum sales price and monthly rent. (1) In an AHD District, the maximum initial sales price of a dwelling unit or unimproved lot reserved for sale to moderate -income families shall be as follows: (a) Unimproved lot containing an area of ten thousand (10,000) square feet: twenty-five thousand dollars ($25,000.). (b) Attached dwelling unit: sixty thousand dollars ($60,000.). (c) Single-family detached dwelling unit: seventy-five thousand dollars ($75,000.). (2) The maximum initial monthly rent, exclusive of utilities, for a dwelling unit reserved for moderate -income families in the AHD District shall be as follows: (a) Studio apartment: three hundred dollars ($300.). (b) One -bedroom dwelling unit: four hundred dollars ($400.). (c) Two-bedroom dwelling unit: five hundred dollars • ($500.). (d) The provisions of this § 100-56E(2) shall remain in effect as to each dwelling unit for a period of fifteen (15) years from the date of the initial lease thereof. 10063 7-25-90 § 100-56 SOUTHOLD CODE § 100-56 (3) The maximum sales prices and monthly rents set forth in § 100-56E(1) and (2) hereof shall be revised each year on January 31 to conform to the previous year's change in the consumer price index. F. Resale price of dwelling units and unimproved lots. (1) Dwelling units in an AHD District reserved for moder- ate -income families may be resold to moderate -income • families, provided that the maximum resale price does not exceed the purchase price plus the cost of permanent fixed improvements, adjusted for the increase in the consumer price index during the period of ownership of such dwelling unit and such improvements plus reason- able and necessary resale expenses. (2) Unimproved lots in a AHD District reserved for moderate -income families may be resold to moderate - income families, provided that the maximum resale price does not exceed the purchase price of such lot adjusted for the change in the consumer price index for the period during which such lot was owned by the resale seller, plus reasonable and necessary resale expenses. (3) Where an unimproved lot in an AHD District reserved for moderate -income families is improved with a dwelling unit, the maximum resale price shall be determined in the manner specified in § 100-56F(1) hereof. (4) Notwithstanding the provisions of § 100-56F(1), (2) and (3) hereof, the Director may authorize the resale of a dwelling unit or unimproved lot reserved for moderate - income families at a price in excess of the maximum resale price specified in § 100-56F(1), (2) and (3) hereof, under the following conditions: (a) That the owner of such dwelling unit files an • application with the Director requesting approval of such resale, setting forth in detail the calculation for the determination of the maximum resale price, the proposed resale price and such other information and documentation as the Director shall request. 10064 7-25-90 § 100-56 ZONING § 100-56 (b) That the portion of the resale price in excess of the maximum allowable resale price shall be divided between the resale seller and the town in the following proportions: Year of Resale Percentage Percentage After Purchase to Owner To Town 1st 00/0 100% • 2nd 200/6 80% 3rd 40% 60% • (Cont'd on page 10065) 10064.1 7-25-90 § 100-280 ZONING § 100-281 F. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference. § 100-281. Building permits. • No building in any district shall be erected, reconstructed, restored, moved or structurally altered without a building permit duly issued upon application to the Building Inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter and the provisions of all other applicable laws, ordinances, rules and regulations. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof, and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. A. [Amended 6-5-1990 by L.L. No. 11-1990] Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee and a plot plan drawn to scale and signed by the person responsible for each drawing. If no such plot plan is available, a survey is required, prepared by a licensed engineer or land surveyor. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable building construction, housing and fire codes. [Amended 6-5-1990 by L.L. No. 11- 1990] (1) The actual shape, dimensions, radii, angles and area of • the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (2) The section, block and lot numbers, if any, as they appear on the latest tax records. 10167 7-25-90 § 100`281 SOUTHOLD CODE § 100-281 (3) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (4) The dimensions of all yards in relation to the subject building, and the distances between such building and any other existing buildings on the same lot and adjacent • lots. (5) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate; and the necessary computations to establish conformity to the bulk and density regulations. (6) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (7) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. [Added 3-14-89 by L.L. No. 3-1989] B. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by § 280-a of the Town Law. C. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by the said Board. D. No building permit shall be issued for a building in any district where such use is permitted by special exception unless and until such approval has been duly granted by the board having jurisdiction thereof. 10168 7-25-90 § 100-281 ZONING § 100-281 E. No building permit shall be issued for any building until approval has been received from the Suffolk County Depart- ment of Health Services for the proposed water supply and sewage disposal system. F. The building permit application and all supporting documen- tation shall be made in triplicate. Upon the issuance of a • building permit, the Building Inspector shall return one (1) copy of all filed documents to the applicant. G. The Building Inspector shall, within ten (10) business days after the filing of a complete and properly prepared • (Cont'd on page 10169) 10168.1 7-25-90 i § 100-284 ZONING § 100-284 E. A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and use of the building or land to which it applies. F. Upon written request and upon payment of the fee hereinafter specified, the Building Inspector shall, after inspection, issue a certificate of occupancy for any building or use therefor or of land existing at the time of the adoption of this chapter, or any • amendments thereto, certifying such use and whether or not the same and the building conform to the provisions of this chapter. G. A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be furnished on request to any agency of the town or to any persons having an interest in the building or land affected. H. Certificate of occupancy fees. [Amended 3-14-89 by L.L. No. 3-1989; 9-26-89 by L.L. No. 20-19891 (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a certificate of occupancy, which fee shall be paid into the general fund if the application is, approved or returned to the applicant if the application is denied: (a) Business buildings and/or business uses and addi- tions and alterations thereto: fifty dollars ($50.). (b) New dwellings and ,additions and alterations thereto: twenty-five dollars ($25.). (c) Accessory buildings and additions and alterations thereto: twenty-five dollars ($25.). (d) Preexisting dwellings: one hundred dollars ($100.). • (e) (Reserved)' (f) Updated certificates of occupancy by reason of - additions or alterations: fifty dollars ($50.). 1 Editor's Note: Former Subsection H(1)(e), regarding vacant land, was repealed 5-8-1990 by L.I.. No. 10-1990. 10173 7-25-90 § .100-284 SOUTHOLD CODE § 100-286 (g) Copies of certificates of occupancy issued five (5) or fewer years ago: five dollars ($5.). (h) Copies of certificates of occupancy issued more than five (5) years ago: ten dollars ($10.). (2) Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and • the like. § 100-285. Penalties for offenses. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other.person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Building Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine of not exceeding five hundred dollars ($500.) or by imprisonment 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 person shall be guilty of .a violation punishable by a fine not exceeding one thousand five hundred dollars ($1,500.) or by imprisonment for a period not to exceed- fifteen (15) days, or by both such fine and imprisonment. § 100-286. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any • regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by local process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. 10174 7-25-90 § A106-38 SUBDIVISION OF LAND § A106-38 particular subdivision would create less than four (4) 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 along 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. (3) The amount to be deposited with the Town Board shall be two thousand dollars ($2,000.) per lot for each vacant lot A10629 7-25-90 § A106-38 SOUTHOLD CODE § A106-38 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] • 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 thirty-six (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 ten (10) feet therefrom, shall be preserved. 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 5-8-73] J. Streets terminating at tidewater. All streets terminating at or near tidewater shall have a width of not less than one hundred (100) feet for a distance of one hundred (100) feet from their terminus. Appropriate traffic signs and guardrails shall be installed. Suitable access must be provided (Cont'd on page A10631) A10630 7-25-90