Loading...
HomeMy WebLinkAbout1991 Code Supplement - 03/25/1991GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 63 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 adoption date of the most recent legislation included in this supplement is 12- 28-1990 (L.L. No. 31-1990). • The page numbers3 should: always correspond with this list. REMOVE 7.629' -- 7.630) 7701-- 7702 7,709-7711 10067- 10068 10068.1 10158.1 10163 -10164 Supplemental Index, SI -1 — SI -3 INSERT' 7629,,--763& 7701. -- 7,7.02' 7709 - 7711 10067- 10068 10068.1 10158.1 10163 -10164 10164.1 Supplemental Index, SI-1—SI-3 Legislation, by number or date of adoption, included in this supplement- L.L. Nos. 28-1990; 29-1990; 30-1990; 31-1990. 4--25-91 § 76-10 SEWERS § 76-12 piing, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be -done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. • § 76-11. Penalties for offenses; disconnection. A. Any person found to be violating any provision of this Article except § 76-6 shall be served by the District with written no- tice stating the nature of the violation and providing a rea- sonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. B. Any person who shall violate any provision of this Article shall be fined not more than one hundred dollars ($100.) or imprisoned not more than thirty (30) days or both. Each day that any violation of this Article continues and each day that any person continues to discharge prohibited. wastes or substances into any public sewer shall be deemed to be a sep- arate offense for the purpose of applying the penalty provided in this section. C. - Any person who fails to cease and desist violation of this Article upon notification thereof may, after the period of time stated in the notice for correction thereof, be disconnected from the public sewer system. Notice of disconnection shall be served by the District ten (10) days prior to the actual disconnection. § 76-12. Discretionary monitoring of effluents. • The District may require as a condition to the connection and/or continued use of the District's sewer facilities that flow -metering, pH - monitoring and suitable effluent -sampling stations be provided at the owner'(s) expense by industry connected to the District sewer system as required by prudent engineering standards. 7629 3-25-91 § 76-13 SOUTHOLD CODE § 76-21 § 76-13. Severability. If any section, clause, sentence or provision of this Article be ad- judged invalid or unenforceable, such adjudications shall not affect the validity of any other provision hereof, but all other provisions . shall be deemed valid and effective and shall remain in full force and effect. • §§ 76-14 through 76-19. (Reserved) ARTICLE II Rents and Charges [Adopted 3-24-87 as L.L. No. 5-1987] § 76-20. Purpose. Pursuant to the provisions of Article 14-F of the General Municipal Law, the Town Board, acting for and on- behalf of the Fishers Island Sewer District (FISD), does hereby establish a scale of annual charged to be called "sewer rents" for the use of the sewer system within the FISD. § 76-21. Rents; penalty for late payment. A. In addition to any and all other fees and charges provided by law, the owner of a parcel of land served by the sanitary sewer system of the FISD shall pay an annual sewer rent for the use of such -sanitary sewer -system, which shall be based upon an annual charge of five hundred dollars ($500.) for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of two hundred _fifty dollars ($250.) on the first days of January and June of Wh • year. [Amended 11-15-1988 by L.L. No. 27-1988; 12-11- 1990 by L.L. No. 28-19901 B. If such sewer rents are not paid within thirty (30) days of the due date, a penalty of five percent (50/6) shall be paid. 7630 3-25-91 SHELLFISH Chapter 77 SHELLFISH ARTICLE I • Catching of Shrimp § 77-100.. Taking of shrimp by nonresidents prohibited. § 77-101. Residence requirements. § 77.102. Effect. § 77-103. Penalties for offenses. ARTICLE II Taking of Shellfish § 77-200. Title. § 77-200.1. Purpose. § 77-201. Definitions. § 77-202. Permit requirements. § 77.203. Permit fee; expiration; display. § 77-204. Scallops.. § 77-205. Clams. § 77.206. Oysters. § 77-207. Blue claw crabs. • § 77-208. Mussels. § 77-209. Culling shellfish and restoration of underwater lands. § 77-210. Restricted areas. § 77-211. Transplanting of shellfish. § 77-211.1. Dredges and scrapes. 7701 ' 3-25-91 § 77-100 SOUTHOLD CODE § - 77-101 § 77-211.2. Vegetation removal prolu'bited. § 77-212. Penalties for offenses. [HISTORY: Article I adopted by the Board of -Trustees of the Town of Southold 6-29-33; Article II adopted by the, Town Board of the Town of Southold 6-23-66. Sections 77-201, 77-204E, 77- • 206E and 77-212 amended and ff 77-202F, 77-207 and 77.208 added during codification; see Ch. 1, General Provisions, Article II. Other amendments noted where applicable.] GENERAL REFERENCES Baste, docks and wharves — See Cb. U. Duke — see Ch. 41. Wetbmde — 8ee Ch. 0. ARTICLE I Catching of Shrimp [Adopted .by Board of Trustees 6-29-331 § 77-100. Taking of shrimp by nonresidents prohibited. It shall be unlawful for any person not a resident of the Town of Southold to take shrimp from the waters of Brush's Creek, Willes Creek, Downs Creek, James Creek, West Creek, Richmond's Creek, Corey's Creek, Cedar Beach Creek, Goose Creek, Jockey Creek, Town Creek, Mill Creek, Long Creek, Budd's Pond, Dam Pond, 'Mattituck - Creek, Goldsmith's Creek, Squash Creek, Wickham's Creek and Little Creek, or other creeks or inland waters within the bounds of said township. § 77-101. Residence requirements. • -Persons-shall be deemed to be residents of the Town of Southold at any given date, within the meaning of this Article, when they shall have actually and continuously resided within the said town fora period'of at least sig (6) months immediately preceding such date. 7702 8-25-91 § 77-207 SHELLFISH § 77.210 C. Female blue claw crabs shall not be taken from the waters of the Town of Southold: [Amended 7.-14-87 by. L.L.' No. 12- 19871 D. Crab pots. No individual may set more than one (1) crab pot, and each crab pot and buoy shall have affixed thereto the individual's shellfish permit number. [Added 7-14-87 by L.L. No. 12-1987] § 77-208. Mussels. [Added 7-31-73] A. A permanent resident, a taxpayer, a temporary resident or a guest accompanied by a permanent resident may not take more than one (1) bushel of mussels'from.,town waters in one (1) day for noncommercial purposes: [Amended 7-7.82 by L.L. No. 5-1982] B. Not more than ten (10) bushels of mussels may be taken from town waters for commercial purposes in one (1) day by any one (1) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more .than _ twenty .(20) bushels of mussels in one (1), day for com- mercial purposes. § 77-209. Culling shellfish and restoration of underwater lands. A. Shellfish shall ' be culled when taken. All -shellfish taken which do not comply with the provisions of this Article shall be immediately returned alive to the water. B. All lands under town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. • § 77-210. Restricted areas: Shellfish shall not be- taken from any town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and properly. staked and notices posted by said Board of Trustees. 7709 3-25-91 § 77-211 SOUTHOLD CODE § 77-212 § 77-211. Transplanting of shellfish. -Notwithstanding any other provision of this Article, the Town Board of Trustees may authorize the transplanting of shellfish in town waters of any age or size, subject to its_ supervision, when it shall find that such shellfish are in danger of destruction as the result of predators or other causes. § 77-211.1. Dredges and scrapes. [Added 7-7-82 by L.L. No. 5- • 1982] Except as permitted by § 77-204C of this Article, the use of a dredge, scrape, ell dredge or similar device towed by a boat operated by mechanical power or other means is prohibited in town waters. § 77-2112. Vegetation removal prohibited. [Added 12-28-1990 by L.L. No. 30-19901 No person shall remove beach grasses or wetland vegetation of any land, nor place spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Town Trustees of the Town of Southold. § 77-212. Penalties -for offenses. [Amended 7-31-73 by L.L. No. 1-1973] A. Any person. convicted of an .offense against any provision of this Article shall be deemed to have committed a violation against such Article and also shall be liable for any such offense -or penalty therefor. B. For every offense against any provision of this Article, the • person committing the same shall be subject to a fine of not more than two hundred fifty dollars ($250.) or im- prisonment not exceeding fifteen (15) days, ' or both such fine and imprisonment. 7710 3-25-91 § 77-212 SHELLFISH § 77-212 C. A second conviction for. an offense, against any of the provisions of this Article within a period of one (1) year shall constitute and effect an immediate forfeiture of a permit issued to such 'person. No new permit shall be issued to such person for at least one ' (1) year after such forfeiture. • D. Any person committing an offense against this Article shall be subject to a civil penalty enforceable and collec- tible by the town for each such offense. Such penalty shall be collectible by and in the name of the town. E. In addition to the above -provided penalties and punish- ment, the Town Board may also maintain an action or proceeding in the name of the town in a court tof competent jurisdiction to compel compliance with or to restrain by injunction the offense against this Article. • 7711 3-25-91 § 100-57 ZONING § 100-58 shall constitute grounds for the revocation of a certificate of occupancy. (4) On or before March 31 of each year, the Director shall notify the owner or manager of dwelling units and unimproved lots reserved for moderate -income families of the monthly rent, sales price and income eligibility requirements for such units and lots based upon data derived from the preceding year. (5) The owner or manager of dwelling units and unimproved lots reserved for moderate -income families shall certify in writing to the Director, on or before May 31 of each year, that the sale and/or lease of such dwelling units and lots comply with the provisions of this Article and Chapter 100 of the Town Code. (6) When a dwelling unit reserved for lease to moderate - income families is to be rented, the lease for such unit shall not exceed a term of two (2) years. (7) An applicant for a certificate of eligibility aggrieved by any determination of the Director shall have the right to appeal such determination to the Town Board at its next regularly scheduled work session or to any standing committee of the Town Board designated by resolution to hear such appeals. [Added 12-28-1990 by L.I.. No. 31- 1990] § 100-58. Applicability of other Code provisions. • All of the provisions of the Code of the Town of Southold not inconsistent or in conflict with the provisions of this Article shall be applicable in the AHD District. 10067 3-25-91 § 100-60 SOUTHOLD CODE. § 100-61 ARTICLE VI Resort Residential (RR) District [Added 1-10-89 by L.L. No. 1-1989121 § 100-60. Purpose. The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas or other • appropriate areas where, because of the availability of water and/or sewers, more intense development may occur consistent with the density and character of surrounding lands. § 100-61. Use regulations. In the RRDistrict, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following- A. ollowing A. Permitted uses. (1) Any permitted use set forth in and as regulated by § 100- 31A of the.Agricultural-Conservation District. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and, except for the uses set forth in Subsection B(5) hereof, are subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(1), (6), (7), (13) and (14) of the Agricultural - Conservation District. [Amended 8-1-89 by L.L. No. 15- 19891 (2) Marinas for the docking, mooring or accommodation of • noncommercial boats. (3) Yacht clubs. 12 Editor's Note: This local law also repealed former Art. V1, B Light Business District, as amended. 10068 3-25-91 § 100-61 ZONING § 100-61 (4) Transient hotels or motels, resort hotels or motels or conference facilities, provided that the following require - menu are met: (a) Minimum parcel size shall be five (5) acres. (b) The maximum number of guest units shall be: • [1] One (1) unit per six thousand (6,000) square feet of land without public water or sewer. [2] One (1) unit per four thousand (4,000) square feet of land with public water and sewer. (c) No music, entertainment or loudspeaker system shall be audible from beyond the property line. (d) No lights shall create a glare on adjoining property. (e) The maximum size of a guest unit shall be six hundred (600) square feel~ [Added 7-5-89 by L.L. No. 13-1989] (5) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(15). • (Cont'd on page 10069) 10068.1 3-25-91 § 100-261 ZONING § 100-262 §. 100-261. Special exception uses; -approval required. 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 obtainedtherefor, which special exception approval shall • have been granted for the use either by the Planning Board, the Zoning Board of Appeals or the Town Board, 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 condi- tions. A. An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, which shall review the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for .such rejection. If the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application down for a public hearing. The fee for • a special exception shall be three hundred dollars ($300.), as set forth in § 100-274. [Amended 4-10-1990 by L.L. No. 4- 1990; 12-11-1990 by L.I.. No. 29-19901 B. Prior -to .taking action on any special exception use, the Board having jurisdiction _ thereof shall schedule a public hearing within forty-five (45) days after determination that the application is complete. Within sixty (60) days following the (Cont'd on page 10159) 10158.1 3-25.-91 § 100-269 ZONING § 100-271 safeguards as it deems necessary or appropriate to preserve and protect - the spirit and the objectives of this chapter. ARTICLE XXVII Board of Appeals [Last amended'1-10-89.by, LL, No. 1-1989] • § 100-270. Appointment; membership. The Town Board shall appoint a Board of Appeals consisting of five (5) members, as provided by the Town Law. § 100-271. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made' by the Building Inspector. B. Variances: Where there are practical difficulties or unneces- sary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use -or the'location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. . D. Interpretations: on appeal from- an order, decision or determination of an administrative officer or on request of any town officer, board or agency, to decide any of the following- 10163 ollowing 10163 3-25-91 § 100-271 SOUTHOLD . CODE § 100-274 (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. § 100-272. Additional conditions and safeguards. • In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to,preserve and protect the spirit and the objectives of this chapter. § 100-273. Rules of conduct and procedure. ':The Board of Appeals shall, consistent with the law, determine its _own rules of conduct and procedure. § 100-274. Fees [Amended 2-11-1990 by L.L. No. 29-19901 Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: A. For applications involving fences, accessory structures or accessory buildings containing less than two hundred (200) square feet in floor area, the fee shall be on hundred fifty dollars ($150:). B. For all other applications, including those involving commer- cial property, containing a single request [for example, an application requesting one (1) variance or an application requesting a special exception], the fee shall be three hundred dollars ($300.). C. For applications containing more than one (1) request, such as an application requesting an area variance and a width variance, the fee shall be five hundred dollars ($500.). 10164 3-25-91 § 100-275 ZONING - § 100-275 § 100-275. Notice of hearing. A. In all cases where the Board of Appeals is required, to hold a public hearing, in addition to the notice of such hearing required by law, a written notice containing the following information shall be sent by the person petitioning such Board, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event • that any petitioner owns.or has any interest in any property immediately adjacent to the property which is, the subject of such petition, then written notice shall also be given to the owners of the property adjacent to such other property of the "petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current assessment roll of the Town of Southold. The notice required by this section shall be mailed by the petitioner, or his agent, • (Cont'd on page 10165) 10164.1 3-25-91 SOUTHOLD SUPPLEMENTAL INDEX —A— APARTMENT Defined.......................................... 100-13 APARTMENT HOUSE Defined.......................................... 100-13 0 —8- - BOATS, DOCKS AND WHARVES Ramps........................................... . 32-32.1- BOWRIDING Defined........................................... 32-31 BUILDING PERMITS Site plan approval ................ _................ 100-262'. rim CERTIFICATE OF OCCUPANCY Site plan approval ................................ 100-252 CHANNEL SYSTEM Defined .......................................... 32-31 DEFINITIONS Apartment ....................................... 100-13 Apartment house ................................. 100-13 Bowriding....................................... 32-31 Channel system .......... ....................... 32-31 Fraternal organization ............ 100-13 Habitable floor area .............................. .100-13 Living area ...................................... 100-13 DRAINAGE is Site plan approval ................................ 100-262 —F— FEES Site plan approval ................................ 100-256 FRATERNAL ORGANIZATION Defined.......................................... 100-13 SI -1 3-25-91 SOUTHOLD'SUPPLEMENTAL INDEX —G— GUARANTIES ,Site plan approval ................................ .100-254 HABITABLE FLOOR AREA Defined ......................................... 100-13 • HEARINGS Site plan approval ........................... 100-254 HIGHWAY SPECIFICATIONS Construction specifications ......................... A108-15.1 LANDSCAPING Site plan approval .................................. 100-252 LIGHTING Site plan approval ..........I ..................... 100-252 LIVING AREA Defined.......................................... 100-13 —N— NOTICES Site plan approval ................................ 100-254' OFF-STREET' PARKING AND LOADING Site plan approval ................................. 100-252 —R— RAMPS • Boats, docks and'wharves ......................... 32-32-1 --S— SCREENING . Site plan approval ................................ 100-252 SI -2 ..3-25-91 ,SOUTHOLD SUPPLEMENTAL INDEX —S— SHELLFISH Vegetation removal prohibited ..................... 77-2112 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 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 —U— UTILITIES Site plan approval ................................ 100-252 —V— VARIANCES Site plan approval ................................ 100-254 ZONING Site plan approval ................................ 100-250 — 100-256 SI -3 3-25-91