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HomeMy WebLinkAbout1985 Code Supplement - 02/25/1985GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 32 The enclosed new and/or replacement pages should be placed in your Code volume immediately! The dateline, on the lower right ® corner, indicates when the supplement was printed, not the adoption date of the Code changes. The page numbers should always correspond with this list. REMOVE INSERT 3208.1 - 3208.2 3208.1 -.3208.2 5405-5406 5405-5406 ----- 5406.1 6503-6504 6503-6504 8501-8504 8501-8505 9201-9202 9201-9202 9229-9230 9229-9230 9230.1 - 9230.2 9230.1- 9230.2 ----- 9230.2.1 9703-9708 9703-9708 ----- 9708.1 Do not remove pages 9709 - 9710 9711-9713 9711-9713 10003 - 10004 10003 - 10004 ----- 10004.1 10051-10052 10051 -10052 Do not remove page 10052.1 10053 -10054 10053 -10054 ----- 10054.1 10057 -10058 10057 -10058 • i 10061-10062 10061-10062 10069 -10070 10069 - 10070 10073 -10074 10073 -10074 Appendix A10609 - A10610 A10609 - A10610 Supplemental Index, Supplemental Index, SI-1—SI-4 SI-1—SI-4 Legislation, by number or date of adoption, included in this sup- plement: L.L. Nos. 10-1984; 11-1984; 1-1985; 3-1985; 4-1985; 5-1985; 6-1985; 7-1985; 8-1985; 4-9-85. 2-25-85 § 32-39.2 BOATS, DOCKS AND WHARVES § 32-41 (2) No permanent mooring shall be placed unless authorized by a permit duly issued by a Bay Constable or Deputy or ARTICLE IV Administration and Enforcement [Adopted 6-23-81 by L.L. No. 3-19811 § 32-40. Enforcing officer. It shall be the duty of the Bay Constable and his deputies and ® assistants to administer and enforce the provisions of this chapter. § 32-41. Notice of violation. A. Whenever the Bay Constable has reasonable grounds to believe that operations regulated hereby are being con - 3208.1 2-25-85 Assistant Bay Constable. (3) [Amended 3-26-85 by L.L. No. 5-1985] The following fees shall be paid for the issuance of a mooring permit: Size of Boat Permit Fee Up to 25 feet $ 10.00 26 feet to 35 feet 25.00 Over 35 feet 50.00 All nonresidents 100.00 (4) All mooring permits shall expire on December 31 of the year of issuance. (5) The location of each mooring shall be assigned by the Fishers Island Harbor Master, who shall be appointed by the Town Board. (6) All mooring buoys shall be assigned a number which shall be affixed to the buoy by the permittee in numbers at least five (5) inches in height. ARTICLE IV Administration and Enforcement [Adopted 6-23-81 by L.L. No. 3-19811 § 32-40. Enforcing officer. It shall be the duty of the Bay Constable and his deputies and ® assistants to administer and enforce the provisions of this chapter. § 32-41. Notice of violation. A. Whenever the Bay Constable has reasonable grounds to believe that operations regulated hereby are being con - 3208.1 2-25-85 § 32-41 SOUTHOLD CODE § 32-41 ducted in violation of the provisions of this chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of the property or the owner's agent or the person performing such operations to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. • B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply for a hearing before the Board of Trustees of the Town Southold, as hereinafter provided. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. (Cont'd on page 3209) 3208.2 2-25-85 § 54-6 JUNKYARDS § 54-6 § 54-6. Issuance of license; fee; display; duration; transferabili- ty; revocation; previous licenses. A. The fee for the license is hereby fixed in the sum of one hundred dollars ($100.), which sum covers not only the cost of issuing the license itself but also the cost of making the neces- sary inspections of the premises to ascertain compliance with the regulations herein prescribed. [Amended 4-9-85 by L.L. No. 8-1985] B. Such license shall be placed and at all times displayed in a conspicuous place to the licensee's place of activity or business for which it is issued. C. Such license shall be effective from the date of its issuance until the 31st day of December of the year of such issuance, after which a new application for a license must be made yearly if the licensee desires to continue such activity or business. D. Such license is personal with the licensee. It does not go with the title to the land, nor may it be sold, assigned, transferred or disposed of. E. Such license may be revoked by the Town Board after a pub- lic hearing thereon, at which the licensee shall have an oppor- tunity to be heard. Upon revocation of a license the Town Board may require the removal of autos, parts and materials left, as above provided in the case of an applicant for a tem- porary license who fails to qualify for a license. F. In the event that an applicant for a license as provided herein shall have previously been duly issued a valid and effective junk dealer's license by the Supervisor of this town, pursuant to the provisions of Article 6 of the New York State General Business Law, then such applicant shall be entitled to and • allowed a credit against the above provided license fee in the amount of five dollars ($5.), such junk dealer's license fee ac- tually paid by such applicant; otherwise, this chapter shall be fully binding upon and applicable to the holder of any such junk dealer's license. 5405 2-25-85 § 54-7 SOUTHOLD CODE § 54-7 § 54-7. Regulations. A. The licensee must personally manage or be responsible for the management of the activity or business for which the li- cense is granted. B. The licensee must maintain an office and a sufficient number of employees on the premises to assure the proper and safe • conduct of such activity or business, to minimize the fire haz- ard therefrom and to prevent improper trespass thereon by children and others. C. The licensee must erect and maintain a six-foot wire fence of close mesh or one made of wood or of other material, ade- quate to prohibit the entrance of children and others into the area of the activity or business and to contain within such fence the materials dealt in by the licensee, and if such area abuts a residential area or public street or highway, such fence shall be twenty-five (25) feet from the boundary line thereof. All the materials dealt in by the licensee shall be kept within such fence at all times. D. Inside and adjacent to and contiguous with such fence, a strip of land at least ten (10) feet in width shall be kept free of all dry grass or other growth or other combustible material so as to provide a fire lane or line around the entire area where the activity or business of the licensee is being conducted. E. The autos, parts and materials dealt in by the licensee shall be piled or arranged in neat rows so as to permit easy, clear passage through the area. F. There shall be maintained at each such place of activity or business for which a license is issued at least one (1) fire ex- tinguisher or approved design and capacity for each forty thousand (40,000) square feet of area. Each such fire extin- guisher shall be hung or mounted in a conspicuous place, clearly marked and available. G. When the area is not supervised by the licensee or his em- ployees, the fence shall -be locked at a secure gate in a secure manner. 5406 2-25-85 • • § 54-7 JUNKYARDS § 54-7 H. Suitable sanitary facilities shall be available, connected to approved public sewers or septic tanks, for the use and con- venience of the employees of the licensee as well as of the general public visiting the area. (Cont'd on page 5407) 5406.1 2-25-85 § 65-2 PARKING AT BEACHES § 65-3 C. For the purpose of this chapter, a trailer shall be deemed a separate vehicle. [Added 5-9-721 § 65-3. Parking permits. • Parking permits for parking vehicles in the parking areas designated in § 65-2 of this chapter shall be issued as follows: A. Resident ,parking permit. (1) [Amended 5-25-71; 3-25-75 by L.L. No. 1-1975] A resident parking permit shall be issued by the Town Clerk or a person designated by him to all persons who are qualified residents of the Town of Southold. Persons applying for a resident parking permit shall be requested to sign an application in affidavit form and submit for inspection one (1) of the following as proof of residence: (a) A validated tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. (b) A valid New York State motor vehicle registration license in the name of the applicant and to an address located within the Town of Southold. (c) Such other proof of residence as is satisfactory to the Town Clerk. (2) The Town Clerk or a person designated by the Town • Clerk shall inspect such application to determine that the applicant is a qualified resident of the town. Upon approval of the application, a resident parking permit shall be issued and inscribed with the vehicle license registration number. Such permit shall not be trans- ferred to any other vehicle. [Amended 3-25-75 by L.L. No. 1-1975; 12-28-84 by L.L. No. 10-1984] 6503 2-25-85 § 65-3 SOUTHOLD CODE § 65-3 (3) Resident parking permits for motor vehicles shall be permanently affixed to the right side of the front bumper of such vehicle, and resident parking permits for trailer vehicles shall be permanently affixed to the right side of the drawbar or tongue of such trailer. [Amended 5-9-72] (4) The fee for the issuance of a resident parking permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board. [Added 3-25-75 by L.L. No. 1-19751 B. Lessee parking permit. (1) A lessee parking permit shall be issued by the Town Clerk or a person designated by him to all persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in § 65-3A hereof. Persons applying for a lessee parking permit shall present an application in affidavit form, signed by the lessee and the owner of the property, setting forth: (a) The location of the leased or rented property. (b) The persons occupying the same. (c) The term of such tenancy. (2) Upon a determination by the Town Clerk or person designated by him that the applicant is entitled to a lessee parking 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 § 65-3A(3) hereof. (3) The fee for the issuance of a lessee parking permit • shall be such fee as shall be prescribed by -resolution of the Southold Town Board. C. Hotel -motel parking permits. (1) Hotel -motel parking permits shall be issued by the Town Clerk or a person designated by him to the 6504 2-25-55 § 85-1 TAXATION § 85-1 Chapter 85 TAXATION ARTICLE I • Senior Citizen Exemption § 85-1. Partial exemption for senior citizens. § 85-2. Conditions. § 85-3. Applications. § 85-4. Reapplications. § 85-5. Penalties for offenses. § 85-5.1. Notice. ARTICLE II Business Investment Exemption § 85-6. Exemption repealed. [HISTORY: Adopted by the Town Board of the Town of Southold: Article I, 4-20-71; Article II, 3-22-77 as Local Law No. 2-1977. Amendments noted where applicable.] ARTICLE I Senior Citizen Exemption • [Adopted 4-20-711 § 85-1. Partial exemption for senior citizens. [Amended 3-12- 85 by L.L. No. 3-1985] A. Real property owned by one (1) or more persons, each of - whom is sixty-five (65) years of age or over, or real property owned by husband and wife, one (1) of whom is sixty-five (65) years of age or over, shall be exempt from town taxes to the 8501 2-25-85 § 85-1 SOUTHOLD CODE § 85-2 extent of fifty percent (50%) of the assessed valuation thereof. Such exemption shall be computed after all other partial ex- emptions allowed by law have been subtracted from the total amount assessed. B. The real property tax exemption on real property owned by husband and wife, one (1) of whom is sixty-five (65) years of age or over, once granted, shall not be rescinded solely be- cause of the death of the older spouse, so long as the surviving spouse is at least sixty-two (62) years of age. § 85-2. Conditions. [Amended 3-12-85 by L.L. No. 3-1985] No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption ex- ceeds the sum of nine thousand dollars ($9,000.). "Income tax year" shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return or, if no return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social securi- ty and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income, salary or earn- ings; and the net income from self-employment, but not in- cluding a return of capital, gifts or inheritances. In comput- ing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the pro- duction of income. B. Unless the title of the property shall have been vested in the owner or one (1) of the owners of the property for at least twenty-four (24) consecutive months prior to the date of mak- ing application for exemption; provided, however, that in the event of the death of either a husband or wife in whose name title of the property shall have been vested at the time of 8502 2-25-85 § 85-2 TAXATION § 85-3 death, and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed also a time of ownership by the survivor, and such ownership shall be deemed continuous for the purposes of computing such period of twenty-four (24) • consecutive months, and provided further that in the event of a transfer by either a husband or wife to the other spouse of all or part of the title to the property, the time of ownership of the property by the transferor spouse shall be deemed also a time of ownership by the transferee spouse, and such owner- ship shall be deemed continuous for the purposes of comput- ing such period of twenty-four (24) consecutive months, and provided further that where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceedings, except a tax sale, the period of own- ership of the former property shall be combined with the pe- riod of ownership of the property for which application is made for exemption and such periods of ownership shall be deemed to be consecutive for purposes of this Article. Where a residence is sold and replaced with another within the state, the period of ownership of both properties shall be deemed consecutive for the purposes of this Article. C. Unless the property isused exclusively for residential purposes. D. Unless the real property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners of the property. • § 85-3. Applications. Application for such exemption must be made by the owner or all of the owners of the property, on forms prescribed by the State Board, to be furnished by the appropriate assessing authority, and shall furnish the information and be executed in the manner required or prescribed in such forms and shall be filed in such assessor's office on or before the appropriate taxable status date. 8503 2-25-85 § 85-4 SOUTHOLD CODE § 85-5 § 85-4. Reapplication. [Amended 3-12-85 by L.L. No. 3-1985] A. At least sixty (60) days prior to the appropriate taxable status date, the assessing authority shall mail to each person who was granted exemption pursuant to this Article on the latest completed assessment roll an application form and a notice that such application must be filed on or before taxable status date and be approved in order for the exemption to be grant- • ed. The assessing authority shall, within three (3) days of the completion and filing of the tentative assessment roll, notify by mail any applicant who has included with his application at least one (1) self-addressed, prepaid envelope of the ap- proval or denial of the application; provided, however, that the assessing authority shall, upon the receipt and filing of the application, send by mail notification of receipt to any ap- plicant who has included two (2) of such envelopes with the application. Where an applicant is entitled to a notice of de- nial pursuant to this subsection, such notice shall be on a form prescribed by the State. Board and shall state the rea- sons for such denial and shall further state that the applicant may have such determination reviewed in the manner pro- vided by law. Failure to mail such application form and no- tice or the failure of such 'person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person. B. Notwithstanding any other provisions of this Article, in the event that the owner, or all of the owners, of property which has received an exemption pursuant to this Article of the preceding assessment roll shall fail to file an application for such exemption on or before the taxable status date, such owner or owners may file, and the assessing authority shall accept the application, executed as if such application has been filed on or before the taxable status date, if such appli- • cation is filed with the assessing authority on or before the date for the hearing of complaints. § 85-5. Penalties for offenses. Any conviction of having made any willful false statement in the application for such exemption shall be punishable by a fine of 8504 2-25-85 § 85-5 TAXATION § 85-6 not more than one hundred dollars ($100.) and shall disqualify the applicant or applicants from further exemption for a period of five (5) years. § 85-5.1. Notice. [Added 3-12-85 by L.L. No. 3-1985] • The assessing authority shall notify, or cause to be notified, each person owning residential real property in the town of the provisions of this Article, such notice to be sent with each tax bill to such per- sons, and shall be in such form and content as shall comply with the provisions of Subdivision 4 of § 467 of the Real Property Law. • ARTICLE II Business Investment Exemption [Adopted 3-22.77 as L.L. No. 2-19771 § 85-6. Exemption repealed. Pursuant to the authority of Subdivision 7 of § 485-b of the Real Property Tax Law, the partial exemption from taxation, special ad valorem levies and service charges provided by such § 485-b is hereby repealed insofar as such exemption would have been applicable to eligible real property assessed for town pur- poses. 8505 2-25-85 VEHICLES AND TRAFFIC Chapter 92 VEHICLES AND TRAFFIC • ARTICLE I General Provisions § 92-10. Definitions of words and phrases. § 92-11. Authority to install traffic control devices. ARTICLE II One -Way Streets § 92-20. One-way streets designated. ARTICLE III Stop and Yield Intersections § 92-30. Stop intersections with stop signs. § 92-31. Stop intersections with flashing signals. § 92-32. Yield intersections. § 92-33. (Reserved) ARTICLE IV Parking, Standing and Stopping § 92-40. Application. • § 92-41. Parking prohibited at all times. § 92-42. Parking prohibited during certain hours. § 92-42.1. Parking prohibited during certain months. § 92-43. Parking for limited time only. § 92-43.1. Public parking lots. 9201 2-25-85 § 92-10 SOUTHO_LD CODE § 92-10 § 92-44. Stopping prohibited:�at all times. § 92-45. Fire lanes. ARTICLE V Emergency Removal of Vehicles § 92-50. Authority to remove vehicles. § 92-51. Storage and charges. § 92-52. Notice of removal. ARTICLE VI Penalties § 92-60. Penalties for offenses. [HISTORY: Adopted by the, Town Board of the Town of Southold 6-21-66. Sections 92-20, 92-30, 92-31, 92-32 and 92-41 amended and §§ 92-42 and 92-43 added during codification; see Ch. 1, General Provisions, Article H. Other amendments noted where applicable.] GENERAL REFERENCES Parking at beaches — See Ch. 86. ARTICLE I General '.Provisions • § 92-10. Definitions of words and phrases. A. The words and phrases used in this chapter shall, for the • purpose of this chapter,' have the meanings respectively ascribed to them by Article I of the Vehicle and Traffic Law of the State of New York. B. The following words and;, phrases, which are not defined by Article 1 of the Vehicle and Traffic Law of the State of New York, shall have the meanings respectively ascribed to them in this section for the purposes of this chapter: 0202 - 2--25-85 § 92-42 VEHICLES AND TRAFFIC § 92-42 Between the Name of Street Side Hours of Location Indian Neck Lane Both 10:00 p.m. and In Peconic, from [Added 8-12-80 by 7:00 a.m. the guardrail at the L.L. No. 4-19801 southerly end northwesterly for a distance of • 200 feet Inlet Drive Both 10:00 p.m. and In Mattituck, from [Added 9-21-76 by 7:00 a.m. the northerly curb- L.L. No. 4-1976] line of Sound Beach Drive northerly to Long Island Sound Lighthouse Road Both 10:00 p.m. and In Southold, from 7:00 a.m. the guardrail at the northerly terminus southerly for a dis- tance of 200 feet Manhanset Avenue Both 10:00 p.m. and In Greenport, from 7:00 a.m. Peconic Bay to In- let Lane and the public parking lot adjacent thereto Marratooka Road Both 10:00 p.m. and In Mattituck, from the [Added 12-28-84 by 7:00 a.m southerly terminus L.L. No. 11-1984] thereof northerly to Park Avenue Nassau Point Road Both 10:00 p.m. and In Cutchogue, from 7:00 a.m. Peconic Bay east- erly for a distance of 170 feet Oaklawn Avenue Both 9:00 a.m. and For a distance of 4:00 p.m., ex- 300 feet southerly cept on Satur- of the south curb - days, Sundays line of Main Street and holidays (New York Route 25) 9229 2-25-85 § 92-42 SOUTHOLD CODE § 92-42 Between the Naive of Street Side Hours of Location Pequash Avenue Both 10:00 p.m. and In Cutchogue, from [Added 4-5-83 by 7:00 a.m. the guardrail at the L.L. No. 3-19831 southerly terminus northerly for a dis- tance of 210 feet • Pine Neck Road Both 10:00 p.m. and In Southold, from 7:00 a.m. Peconic Bay to North Bay View Road Rambler Road Both 10:00 p.m. and In Southold, from [Added 9-21-76 by 7:00 a.m. and including its L.L. No. 4-19761 intersection with Watersedge Way northeasterly for a distance of 150 feet Reeve Avenue East 4:00 p.m. and In Mattituck, from [Added 8-12-80 by 7:00 p.m. Sat- the southerly curb- L.L. No. 4-19801 urdays; line of New York 7:00 a.m. and Route 25 southerly 1:00 p.m. Sun- for a distance of days 500 feet Rocky Point Road Both 10:00 p.m. and In East Marion, 7:00 a.m. from the guardrail at the northerly terminus to Aqua - view Road Second Street Both 6:00 a.m. and In New Suffolk, [Added 4-19-83 by 6:00 p.m. from : from the guardrail L.L. No. 4-1983] April 15 to at the southerly • September 15, : terminus northerly both dates in- for a distance of clusive 200 feet 9230 2-25-85 • • § 92-42 VEHICLES AND TRAFFIC § 92-42 Between the Name of Street Side Hours of Location Shipyard Lane Both 10:00 p.m. and In East Marion, [Added 5-4-82 by 7:00 a.m. from the guardrail L.L. No. 2-19821 at the southerly terminus northerly for a distance of 160 feet Sigsbee Road Both 10:00 p.m. and In Mattituck, from [Added 9-21-76 by 7:00 a.m. the southerly curb- L.L. No. 4-1976] line of Peconic Bay Boulevard southerly to Peconic Bay Skunk Lane Both 10:00 p.m. and In Cutchogue, from Extension [Added 7:00 a.m. Peconic Bay west - 8 -12-80 by L.L. erly for a distance No. 4-19801 of 150 feet Sound Avenue Both 10:00 p.m. and In Greenport, from 7:00 a.m. the guardrail at the northerly ter- minus to Sound Drive Sound Beach Drive Both 10:00 p.m. and In Mattituck, from [Added 9.21-76 by 7:00 a.m. Long Island Sound L.L. No. 4-19761 southerly for a dis- tance of 100 feet Sound Drive Both 10:00 p.m. and In Greenport, from 7:00 a.m. the northerly ter- minus southerly for a distance of 150 feet Terry Lane North 10:00 p.m. and In Southold, from [Added 7-7-81 by 7:00 a.m. the west curbline L.L. No. 4-19811 of Hobart Road westerly to Town Creek 9230.1 2-25-85 § 92-42 SOUTHOLD CODE Between the Name of Street Side Hours of Town Harbor Lane Both 10:00 p.m. and 7:00 a.m. Watersedge Way [Added 9-21-76 by L.L. No. 4-1976] Whistler Avenue Both 10:00 p.m. and 7:00 a.m. North 7:30 p.m. and 11:30 a.m. Youngs Road Both 10:00 p.m. and [Amended 9-21-76 7:00 a.m. by L.L. No. 4-1976] § 92-43 Location In Southold, from Peconic Bay to Ter- ry Lane In Southold, from and including its intersection with Rambler Road northwesterly for a distance of 150 feet In Fishers Island, from the easterly terminus westerly for a distance of 500 feet In Orient, from the guardrail at the northerly ter- minus southerly for a distance of 500 feet § 92-42.1. Parking prohibited during certain months. [Added - 12-28-84 by L.L. No. 11-19841 The parking of vehicles is hereby prohibited during the months indicated (both inclusive) in any of the following locations: Name of Street Side During Months Location of (both inclusive) ' Beckwith Avenue West December to and In Southold between including March New York Route 25 and Traveler Street § 92-43. Parking for limited time only. [Added 7-31-73] The parking of vehicles is hereby prohibited for a longer period of time than that designated, between the hours indicated, in any of the following locations: 9230.2 1 2.25-85 is • § 92-43 VEHICLES AND TRAFFIC § 92-43 Name of Between the Time Street Side Hours of Limit Location Duck Pond Both 7:00 a.m. and 2 hrs. In Cutchogue, from Road 10:00 P.M. the guardrail at the [Added 8- northerly terminus 12-80 by southerly for a dis- • L.L. No. tance of 400 feet 4-1980] Love Lane Both 8:00 a.m. and 2 hrs. Between New York 6:00 p.m. Route 25 and Pike Street Love Lane East 8:00 a.m. and 5 min. In Mattituck, for a - [Added 8- 6:00 p.m., ex- distance of 48 feet 12-80 by cept Sundays northerly commenc- L.L. No. ing from a point 136 4-19801 feet north of the northerly curbline of New York Route 25 11 (Cont'd on page 9230.3) 9230.2.1 2-25-85 § 97-11 WETLANDS § 97-12 in order to minimize damage from erosion, turbidity or siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation and the destruction of the natural habitat thereof, to minimize danger of flood and storm -tide damage and pollution, and to otherwise protect the quality of wetlands, tidal waters, marshes, shore lines, beaches and natural drainage systems for their conservation, economic, aesthetic, recreational and other public uses and values, and, further, to protect the potable fresh water supplies of the town from the dangers of drought, overdraft, pollution from saltwater intrusion and misuse or mismanagement. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. § 97-12. Exceptions. A. The provisions of this chapter shall not affect or prohibit nor require a permit for the following: (1) The ordinary and usual mosquito control operations conducted by any public authority. (2) The ordinary and usual operations incidental to the cultivation and/or harvesting of fish and shellfish.' (3) The ordinary and usual operations relative to conser- vation of soil, vegetation, fish, shellfish and wildlife. (4) The ordinary and usual operations relative to agri- culture, aquaculture or horticulture. • (5) The ordinary and usual maintenance or repair of a presently existing building, dock, pier, wharf, bulk- head, jetty, groin, dike, dam or other water control device or structure. B. Nothing contained in this chapter shall be deemed to affect any areas in the town within the jurisdiction of the Southold Town Board of Trustees. ' Editor's Note: See Ch. 77, Shellfish. s Editor's Note: See Ch. 32, Boats, Docks and Wharves. 9703 2-25-85 § 97-13 SOUTHOLD CODE § 97-13 § 97-13. Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the present tense include the future; words used in the plural number include the singular number; and words used in the singular number in- clude the plural number. The word "shall" is always mandatory • and not directory. BOARD — Unless otherwise indicated, the Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-19841 CLERK — Unless otherwise indicated, the Clerk of the Board of Trustees. [Added 6-5-84 by L.L. No. 6-19841 MATERIAL — Soil, sand, gravel, clay, bog, peat, mud or any other material, organic or inorganic. OPERATIONS: A. The removal of material from wetlands. B. The deposit of material on wetlands. C. The erection, construction, alteration or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin or other structure, temporary or permanent, on wetlands. PEAK LUNAR TIDES = Those excessively high tides or spring tides caused by lunar gravitational phenomena. PERSON — Any person, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations or govern- mental agencies or subdivisions thereof. is TIDAL WATERS — All waters bordering on or within the boundaries of the Town of Southold subject to fluctuation in depth from peak lunar, storm or normal tidal action, and. in - eluding but not limited to all brackish and salt waters of streams, ponds, creeks, estuaries, bays, sounds and inlets. L. [Amended 3-26-85 by L. No. 6-19851 9704 2-25-85 § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but -not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, ® of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2-25-85 § 97-20 SOUTHOL' D CODE § 97-21 ARTICLE II Permits § 97-20. Permit required. [Amended 6-5-84 by L.L. No. 6-1984; 3-26-85 by L.L. No. 6-1985] A. Permit required. Notwithstanding any prior course of con- duct or permission granted, no person shall conduct opera- is tions on any wetlands in the Town of Southold unless he shall first obtain a written permit therefor issued by authority of the Trustees as hereinafter provided and only while such permit remains in effect. B. Notwithstanding the provisions of, Subsection A of this sec- tion, the Trustees may, byresolution, waive the requirement of a permit with respect to lands immediately adjacent to wet- lands, as defined in Subsection A(3) or B(2) of the definition of "wetlands" in § 97-13, if the Trustees find and determine that no operations are proposed on such lands, or that the opera- tions proposed thereon comply with the standards set forth in § 97-28 of this chapter: § 97-21. Application. [Amended 6-5-84 by L.L. No. 6-19841 A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. The application shall be submitted to the Clerk in quadruplicate. Such application shall contain the following information: A. The name and address of: the applicant and the source of the applicant's right to,; perform such operations (e.g., whether applicant is the owner, lessee, licensee, contractor, etc.). In all cases where the applicant is not the owner of the premises where such operations are proposed to be • conducted, the consent of the owner, duly acknowledged, must be attached to said application. B. The purpose of'the proposed operations. C. The amount of material proposed to be removed or deposited, and/or the type, size and location of any proposed structure. 9706 2-25-85 § 97-21 WETLANDS § 97-21 D. A description of the area from which the removal or in which the deposit of material is proposed, or in which structures are to be erected. The description shall be by bearing and distance and shall be based on a local coor- dinate system. The starting point of the description shall be appropriately referenced to a permanent reference point • or monument. E. The depth to which the removal or the deposit of material is proposed throughout the area of operations, and the proposed angle of repose of all slopes. F. The manner in which the material will be removed or deposited, or structures erected., G. Such application shall be accompanied by a survey and topographical map with contours at one -foot intervals, showing the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations and soundings shall be based on the United States Coast and Geodetic Survey datum. H. A statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations. I. A statement describing any known prior operations conducted on the premises in question and whether any • prior licenses to permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. J. Documentary proof that all other necessary permits and approvals have been obtained. 9707 2-25-85 § 91-22 SOUTHOLD CODE § 97-24 § 97-22. Waiver of certain, requirements [Amended 6-5-84 by L.L. No. 6-1984] The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, § 97-21D and G, where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration of a permit application. is § 97-23. Fees. [Amended 11-15-83 by L.L. No. 13-1983; 6-5-84 by L.L. No. 6-19841 A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of fifty dollars ($50.), no portion of which shall be refundable. B. In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing the issuance of a permit, shall determine the amount of the inspection fees to be paid by the applicant to the Clerk upon the issuance of a permit, in accordance with § 97-25C hereof. § 97-24. Processing of application. [Amended 6-5-84 by L.L. No. 6-1984] A. Investigation. Upon receipt of the application, the Clerk shall forward one (1) copy thereof to the Conservation Advisory Council and one (1) copy to the Trustees. The Conservation Advisory Council shall review said ap- plication and the effect if any, on the wetlands and tidal waters of the town that may result from the proposed operations, and shall, within twenty (20) days of receipt of the same, forward its written report of findings and recom- • mendations with respect to such application to the Trustees. If the Conservation Advisory Council shall rec- ommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. B. Hearing. Upon receipt by the Trustees of the report of the Conservation Advisory Council, the Trustees shall hold a public hearing on,such application upon not less than ten 9708 2-25-85 § 97-24 WETLANDS § 97-26 (10) days' notice, to be published in one (1) or more newspapers having a general circulation in the town. C. Action. After the public hearing on such application, the Trustees shall either adopt a resolution directing the issuance of a permit or adopt a resolution denying the application therefor. A resolution directing the issuance of a permit may • be adopted only if the Trustees find that the proposed opera- tions will conform to the standards set forth in § 97-28 hereof. If the Trustees adopt a resolution denying an application for a permit, the reasons for such denial shall be set forth in such resolution. [Amended 3-26-85 by L.L. No. 6-1985] § 97-25. Issuance of permit: conditions; inspection fees. [Amended 6-5-84 by L.L. No. 6-19841 The Trustees may, upon the adoption of a resolution directing the issuance of a permit: A. Impose such conditions on the manner and extent of the proposed operations as it deems appropriate. B. Fix the time by which operations must be commenced and within which they must be completed. C. Require the payment of inspection fees in any case where it is determined that more than one (1) inspection is required to assure that operations are being conducted in ac- cordance with the permit. Such fees shall be in the amount of five dollars ($5.) for each such inspection. § 97-26. Liability insurance. [Amended 6-5-84 by L.L. No. 6- 19841 The applicant fora permit hereunder shall, before the issuance of said permit by the Clerk, file with the Clerk a certificate that (Cont'd on page 9709) 9708.1 2-25-85 § 97-29 WETLANDS § 97-31 § 97-29. Transferability. [Amended 6-5-84 by L.L. No. 6-1984] A permit issued pursuant hereto shall not be transferred or assigned without the prior approval of the Trustees. ARTICLE III • Administration and Enforcement § 97-30. Enforcing officer. [Amended 3-26-85 by L.L. No. 6- 19851 It shall be the duty of the Bay Constables (hereinafter referred to as the "Bay Constable") to administer and enforce the provisions of this chapter. § 97-31. Notice of violation. A. Whenever the Bay Constable has reasonable grounds to be- lieve that operations regulated hereby are being conducted in -violation of the provisions of this chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of the property, or the owner's agent or the person performing such operations, to suspend all operations; and any such person shall forthwith cease operations until such notice of violation has been rescinded. [Amended 3-26-85 by L.L. No. 6-1985] B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply for a hearing before the Trustees, as hereinafter pro- vided. [Amended 6-5-84 by L.L. No. 6-1984] C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. [Amended 8-26-76 by L.L. No. 3-19761 9711 2-25-85 § 97-31 SOUTHOLD CODE § 97-32 D. The Bay Constable may extend the time of compliance speci- fied in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate'compliance. [Amended 3-26-85 by L.L. No. 6-1985] E. In the event that the person upon whom a notice of violation • has been served shall failto comply with said notice within the time specified therein. or within the time specified in any extension of time issued by the Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. [Amended 3-26=85 by L.L. No. 6-1985] § 97-32. Hearing on violation.', [Amended 6-5-84 by L.L. No. 6- 19841 A. Any person affected by a notice of violation issued pur- suant to the preceding section hereof may request and shall be granted a hearing before the Trustees, provided that such person shall file a written request therefor with the Clerk within ten (10) days after service of the notice of violation. Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. B. The Clerk shall present such request to the Trustees at its next regular meeting. The Trustees shall set a time and place for such hearing and shall give the person requesting the same at least five (5): days' notice of the time and place thereof. C. At such hearing, the person requesting the same, or his representative, shall be given an opportunity to show cause why such notice of violation should be modified or • rescinded. After such hearing, the Trustees may sustain, modify or rescind such notice of violation, or revoke any permit previously issued, and shall specify the reasons therefor. D. The notice of violation for which a hearing is requested shall continue in effect pending the hearing and de- termination of the Trustees. 9712 2-25-85 r�L § 97-33 WETLANDS § 97-33 § 97-33. Penalties for offenses. [Amended 7-31-73 by L.L. No. 1- 1973; 6-5-84 by L.L. No. 6-1984] A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to com- ply with a written notice or order of any Bay Constable with- in the time fixed for compliance therewith, the owner, occu- pant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the com- mission of any such offense or who shall fail to comply with a written order or notice of any Bay Constable shall, upon a first conviction thereof, be guilty of a violation punishable by a fine of not exceeding five hundred dollars ($500.) or impri- sonment for a period not to exceed fifteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eighteen (18) months thereafter, such per- son shall be guilty of a violation punishable by a fine not ex- ceeding one thousand five hundred dollars ($1,500.) or impri- sonment for a period not to exceed fifteen (15) days, or both such fine and imprisonment. [Amended 3-26-85 by L.L. No. 6-1985] B. In addition to the above -provided penalties, the Trustees may also, if authorized by the Town Board, maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter,., 9713 2-25-85 • • ZONING ARTICLE IX C-1 General Industrial District § 100-90. Use regulations. § 100-91. Special exception uses; site plan approval. § 100-92. Signs. § 100.93. Bulk, area and parking requirements. ARTICLE X Tourist Camps, Camp Cottages and Trailers § 100-100. Permits required. § 100-101. Automobile trailers or house cars. § 100-102. Exemptions. § 100-119.2. Building setback from water bodies and wetlands. 10003 2-25-85 ARTICLE XI General Regulations § 100-110. Signs. § 100-111. Continuation of existing signs. § 100-112. Off-street parking areas. § 100-113. Off-street loading areas. § 100-114. Prohibited uses in all districts. § 100-115. Junkyards. § 100-116. Dwelling unit density. § 100-117. Hotel and motel unit density. § 100-118. Nonconforming uses. § 100-119. Corner lots. § 100-119.1. Fences, walls and hedges. § 100-119.2. Building setback from water bodies and wetlands. 10003 2-25-85 SOUTHOLD CODE ARTICLE XII Board of Appeals § 100-120. Appointment; membership. § 100-121. Powers and duties. § 100-122. Additional conditions and safeguards. § 100-123. Rules of conduct and procedure. • § 100-124. Fees. § 100-125. Notice of hearing. ARTICLE XIII Site Plan Approval § 100-130. General requirement. § 100-131. Objectives. § 100-132. Effect of approval. § 100-133. Procedure. § 100-134. Site development plan elements. § 100-135. Fees. § 100-136. Cluster development. ARTICLE XIV Administration and Enforcement § 100-140. Administrative and enforcing officer. § 100-141. Building permits. § 100-142. Revocation of permit. § 100-143. Stop orders. § 100-144. Certificates of occupancy. § 100-145. Penalties for offenses. § 100-146. Remedies. 10004 2-25-85 r� U § 100-150. Procedures. § 100-151. Fees. • • ZONING ARTICLE XRT Amendments (Cont'd on page 10005) 10004.1 2-25-85 § 100-114 ZONING § 100-114 D. Junkyard or refuse disposal site, except a refuse disposal site established as an official town refuse disposal site or duly authorized as a refuse disposal site by the Town Board.' E. Uses involving primary production of the following • products from raw materials: (1) Charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; in- dustrial alcohol; nitrates of an explosive nature; po- tash; plastic materials and synthetic resins; pyroxy- lin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, includ- ing gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oilcloth; matches; paint, varnishes and turpentine; rubber (natural or synthe- tic); soaps, including fat rendering; starch. F. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasoline, kerosene, naphtha, lubricating oil. (7) Distillation of wood or bones. is (8) Reduction and processing of wood pulp and fiber, including paper mill operations. G. Operations involving stockyards, slaughterhouses and slag piles. I Editor's Note: See also Ch. 48, Garbage, Rubbish and Refuse, and Ch. 54, Junkyards. 10051 2-25-85 § 100-114 SOUTHOLD CODE § 100-117 H. Storage of explosives. I. Quarries. J. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than twenty thousand (20,000) gallons, including all tanks, pipelines, buildings, structures • and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within one thousand (1,000) feet of tidal waters or tidal wetlands. [Added 6-22-82 by L.L. No. 3-19821 § 100-115. Junkyards. Notwithstanding any other provisions of this chapter, all automobile yards or other junkyards in existence at the effective date of this chapter, as first enacted in 1957, shall, within three (3) years from such date, provide suitable screening in the form of fencing or hedges completely around the periphery of the area used for such purposes, and the type of fencing and hedges shall be subject to the approval of the Board of Appeals.' § 100-116. Dwelling unit density. [Amended 4-9-85 by L.L. No. 7-1985] Notwithstanding any other provision of this chapter, each dwell- ing unit in a multiple dwelling shall have twenty thousand (20,000) square feet of land for each dwelling unit in the building where pub- lic water and public sewer are not provided and shall have ten thou- sand (10,000) square feet of land for each dwelling unit in the build- ing where public water and public sewer are provided? • § 100-117. Hotel and motel unit density. Notwithstanding any other provisions of this chapter, each room or group of rooms designed, used or intended to be used for I Editor's Note: See also Ch. 54, Junkyards. 7 Editor's Note: See also Ch. 52, Housing. 10052 2-25-85 § 100-118 ZONING § 100-118 § 100-118. Nonconforming uses. Unless otherwise authorized as a special exception by the Board of Appeals, as hereinafter provided, the following provisions shall apply to nonconforming uses: A. The lawful use of a building or premises existing on the • effective date of this chapter or authorized by a building permit issued prior thereto may be continued although such use does not conform to the provisions of this chapter, and such use may be extended throughout the building lawfully acquired to said date. B. A nonconforming use of a building or premises may be changed to a use of the same or higher classification ac- cording to the provisions of this chapter. C. Whenever a district shall hereafter be changed, any then existing nonconforming use of a building or premises in such changed district may be continued or changed to a use of a similar or higher classification, provided that all other regulations governing the use are complied with. D. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this section to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals, as hereinafter provided. E. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost fifty percent (50%) of the fair value of the • building, unless the use of such building is changed to a conforming use. F. A nonconforming building which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. 10053 2-25-85 § 100-119 SOUTHOLD CODE § 100-119.2 § 100-119. Corner lots. [Amended 2-1-83 by L.L. No. 2-19831 On a corner lot, front yards are required on both street front- ages, and one (1) yard other than the front yards shall deemed to be a rear yard, and the other or others, side yards. No obstruction to vision exceeding thirty (30) inches in height above curb level shall be erected or maintained at street intersections within the • triangle formed by the street lines of such lot and a line drawn between points along such street lines thirty (30) feet distant from their point of intersection. § 100-119.1. Fences, walls and hedges. [Amended 5-29-73; 2-1-83 by L.L. No. 2-19831 Subject to the provisions of § 100-119, fences, walls, hedges or other live plantings within five (5) feet of the property lines may be erected and maintained, subject to the following height limitations: A. When located in the front yard along the front yard property line, the same shall not exceed four (4) feet in height. B. When located along side and rear lot lines, the same shall not exceed six and one-half (61/2) feet in height. C. When located other than in the front yard area or along side or rear lot lines, the same shall not exceed eight (8) feet in height. § 100-119.2. Building setback from water bodies and wetlands. [Added 3-26-85 by L.L. No. 4-19851 Notwithstanding any other provisions of this chapter, the following • setback requirements shall apply to all buildings located on lots ad- jacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound. (1) All buildings located on lots adjacent to Long Island Sound, and upon which there exists a bluff or bank landward of the shore or beach, shall be set back not less 10054 2-25-85 § 100-119.2 ZONING § 100-121 than one hundred (100) feet from the top of such bluff or bank. (2) Except as otherwise provided in Subsection A(1) hereof, all buildings located on lots adjacent to Long Island Sound shall be set back not less than one hundred (100) feet from the ordinary high-water mark of Long Island • Sound. B. All buildings located on lots adjacent to tidal water bodies other than Long Island Sound shall be set back not less than seventy-five (75) feet from the ordinary high-water mark of such tidal water body or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is greater. C. All buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, which- ever is greater. ARTICLE XII Board of Appeals § 100-120. Appointment; membership. The Town Board shall appoint a Board of Appeals consisting of five (5) members, as provided by the Town Law. § 100-121. 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: (Cont'd on page 10055) 10054.1 2-25-85 § 100-123 ZONING § 100-125 § 100-123. Rules of conduct and procedure. The Board of Appeals shall, consistent with the law, -determine its own rules of conduct and procedure. § 100-124. Fees. [Amended 2-1-83 by L.L. No. 2-1983; 11-15-83 • by L.L. No. 13-1983; 1-8-85 by L.L. No. 1-1985] All applications to the Board of Appeals for any relief herein shall be accompanied by a fee of seventy-five dollars ($75.). § 100-125. Notice of hearing. [Added 5-30-75 by L.L. No. 3-19751 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, within five (5) days preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such notices in the form of a sworn statement shall be filed with the Town Clerk at the time of filing of the petition. Such notice shall contain the • following information: (1) A statement that the petitioner proposes to apply to the Board of Appeals of the Town of Southold for a variance, special exception, special permit or other specified relief, as the case may be. (2) A description sufficient to identify the property which is the subject of the petition. 10057 2-25-85 § 100-125 SOUTHOLD CODE § 100-130 (3) The zone district classification of such property. (4) A detailed statement of the relief sought by the petitioner. (5) The provisions of the zoning law applicable to the relief sought by the petitioner. (6) A statement that within five (5) days such petition will be filed in the Southold Town Clerk's office, Main Road, Southold, New York, and may then be examined during regular office hours. (7) A statement that a public hearing with respect to such petition must be held by the Board of Appeals of the Town of Southold before the relief sought can be granted; that the person to whom the notice is ad- dressed, or his representative, has the right to appear and be heard at such hearing; and that a notice of such hearing will be published in the official town newspaper not less than five (5) days prior to such public hearing. B. In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition. C. Failure to comply with the provisions of this section shall not affect the validity of any action taken by the Board of Appeals. ARTICLE XIII Site Plan Approval § 100-130. General requirement. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authoriza- tion of and in conformity with the plans approved by the Planning Board. 10058 2-25-85 § 100-134 ZONING § 100-134 (8) Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property. (9) A complete outline of existing deed restrictions or covenants applying to the property. • (10) Existing zoning. B. Natural features. (1) Existing contours at intervals of five (5) feet or less, referred to a datum satisfactory to the Board. (2) Approximate boundaries of any areas subject to flooding or stormwater overflows. (3) Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight (8) inches or more measured three (3) feet above the base of the trunk and other significant existing features. C. Existing structures and utilities. (1) Location of uses and outlines of structures, drawn to scale, on and within one hundred (100) feet of the lot. (2) Paved areas, sidewalks and vehicular access between the site and public streets. (3) Locations, dimensions, grades and flow direction of existing sewers, culverts and waterlines as well as other underground and aboveground utilities within and adjacent to the property. (4) Other existing development, including fences, land- scaping and screening. D. Proposed development. (1) The location of proposed buildings or structural improvements. (2) The location and design of all uses not requiring structures, such as off-street parking and loading areas. 10061 2-25-85 § 100-134 SOUTHOLD CODE §. 100-136 (3) The location, direction, power and time of use of any proposed outdoor lighting or public address systems. (4) The location of and plans for any outdoor signs. (5) The location, and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; ' profiles indicating grading and • cross sections showing width of roadway, location and width of sidewalks and location and size of water- and sewer lines. (6) Any proposed grading, screening and other land- scaping, including types and locations of proposed street trees. (7) The location of all . proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. (8) An outline of any proposed deed restrictions or covenants. (9) Any contemplated public improvements on or ad- joining the property. (10) If the site development plan indicates only a first stage, a supplementary plan shall indicate ultimate development. E. Any other information deemed by the Planning- Board necessary to determine conformity of the site plan with the intent and regulations of this chapter. § 100-135. Fees. [Amended 11-15-83 by L.L. No. 13-1983;1-8-85 by L.L. No. 1-1985f ' All applications to the Planning Board for approval of site devel- • opment plans shall be accompanied by a fee of one hundred dollars ($100:). § 100-136. Cluster development. [Added 5-29-73; amended 2-1-83 by L.L. No. 2-1983] The Planning Board may, in the exercise of its discretion, require cluster developments for one -family dwellings in an A 10062 2-25-85 § 100-141 ZONING § 100-141 Building Inspector may authorize, in writing, the ex- tension of the permit for an additional six (6) months. Thereafter, a new permit shall be required. [Amended 5-30- 75 by L.L. No. 3-19751 I. As soon as the foundation of a building or of any addition to an existing building is completed, and before first -story • framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. J. Permit fees. [Amended 7-31-73; 2-1-83 by L.L. No. 2-19831 (1) [Amended 7-17-84 by L.L. No. 8-1984;1-8-85 by L.L. No. 1-1985] The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid .into the gener- al fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [1] New dwellings and additions to existing dwell- ings: fifty dollars ($50.) plus ten cents ($0.10) for each square foot of floor area in excess of eight hundred fifty (850) square feet. [2] Accessory buildings and additions and altera- tions to existing accessory buildings: twenty- five dollars ($25.) plus ten cents ($0.10) for each square foot of floor area in excess of five hundred (500) square feet. (b) Farm buildings and additions and alterations to ex- isting farm buildings: twenty-five dollars ( $25.) for each building. (c) Hotel, motel, multiple dwellings and business, in- dustrial and all other buildings: 10069 2-20-s5 § 100-141 SOUTHOLD CODE § 100-142 [1] New buildings and additions and alterations to existing buildings: one hundred dollars ($100.) plus fifteen cents ($0.15) for each square foot of floor area in excess of one thousand (1,000) square feet. [2] Accessory buildings and additions and altera- • tions to existing accessory buildings: twenty- five dollars ($25.) plus ten cents ($0.10) for each square foot of floor area in excess of five hundred (500) square feet. (d) Foundations constructed under existing buildings: thirty dollars ($30.). (e) All other structures (i.e., fences, pools, etc.) and ad- ditions and alterations to such structures: twenty- five dollars ($25.). (f) Signs. The fee for all signs, except signs permitted by § 100-30C(6xa), shall be twenty-five cents ($0.25) for each square foot of sign area, with a minimum fee of five dollars ($5.). (g) Demolition and/or removal and/or relocation of any building: one hundred dollars ($100.). (2) For the purposes of this Subsection J, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. § 100-142. Revocation of permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: A. Where he finds that there has been any false statement or misrepresentation -as to a material fact in the application, plan or specifications on which the building permit was based. B. Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law. 10070 2-25-85 § 100-144 ZONING § 100-146 same and the building conform to the provisions of this chapter. [Amended 2-1-83 by L.L. No. 2-19831 H. A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be fur- nished on request to any agency of the town or to any is persons having an interest in the building or land affected. § 100-145. Penalties for offenses. [Amended 7-31-73; 4-24-84 by L.L. No. 5-198411 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 of- fense. 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. § 100-146. 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 legal process or otherwise, may be instituted or taken ' Editor's Note: This local law further provided that it shall supersede, in its ap- plication to the Town of Southold, § 288 of the Town Law. 10073 2-25-85 § 100-146 SOUTHOLD CODE § 100-152 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. ARTICLE XV Amendments § 100-150. Procedures. The Town Board, upon its own motion or by petition, may, from time to time, amend', supplement, change, modify or repeal this chapter, including the Zoning Map, by proceeding in the following manner: A. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given pursuant to the provisions of the Town Law. B. The Town Board, before advertising for a public hearing, shall, in a written request, instruct the Town Planning Board to prepare an official report defining the conditions described in a petition and to determine the area so af- fected, with its recommendations. § 100-151. Fees. [Amended 11-15-83 by L.L. No. 13-1983; 1-8-85 by L.L. No. 1-1985] Every petition for a change or amendment to this chapter or the Zoning Map shall be filed with the Town Clerk and shall be accom- panied by a fee of five hundred dollars ($500.). § 100-152. Notice of proposed change of zone classification. [Added 5-30-75 by L.L. No. 3-19751 A. In the case of a petition requesting a change in zoning district classification, in addition to the notice required by 10074 2-25-85 § A106-21 SUBDIVISION OF LAND § A106-22 safety and welfare, the Board may require that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If a proposed subdivision is classified and approved as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article II, § A106-22, • of these regulations. If it is classified as a major subdivision, the subdivider shall comply with the procedures outlined in Article II, §§ A106-23, A106-24 and A106-25. C. Study of sketch plan. The Planning Board shall determine whether a subdivision sketch plan meets the purposes of these regulations. Any changes to be made on the proposed subdivision map required by the Planning Board shall be submitted, in writing, to the applicant or his duly authorized representative. All such changes shall be in- corporated in the applicant's next submission to the Planning Board. § A106-22. Approval of minor subdivision. A. Application and fee. (1) Within six (6) months after the approval of the sketch plan by the Planning Board, the subdivider shall submit an application for approval of a final plat. If such application is not received within six (6) months, the Planning Board approval of the sketch plan shall expire. The plat shall follow the layout of the sketch plan, as approved by the Board, plus any recom- mendations made by the Planning Board. Said ap- plication shall also conform to the requirements listed • in Article IV, § A106-41. (2) All applications for plat approval for minor subdivision shall be accompanied by a fee of one hundred dollars ($100.) per lot, together with an inspection fee of one hundred fifty dollars ($150.). [Amended 4-22-80; 4-9-85] B. Number of copies. Six (6) copies of the final plat shall be presented to the Planning Board at least two (2) weeks prior to a regularly scheduled Planning Board meeting. A10609 2-25-85 § A106-22 SOUTHOLD CODE § A106-23 C. Subdivider to attend Planning Board meeting. The sub- divider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the final plat. D. When officially submitted. The final plat shall be con- sidered officially submitted only when all the surveys, plans, required certifications and signatures and other data • required in Article IV, § A106-41, are submitted complete and in good form, together with the application and fee, at regular meeting of the Planning Board. E. Public hearing. Before the Planning Board shall act on the final plat, it shall hold a public hearing in accordance with § 276 of the Town Law. F. Action on subdivision plat. The Planning Board shall, within forty-five (45) days from the public hearing date, approve, approve with modification or disapprove the final plat. § A106-23. Preliminary plat for major subdivision. [Amended 5- 8-731 A. Application and fee. (1) Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file with the Town Clerk an application in duplicate for the approval of a preliminary plat of the proposed sub- division, in the form prescribed in Article IV, § A106- 42. The preliminary plat shall comply with the re- quirements set forth in these regulations, including Article IV, § A106-42, and §§ 276 and 277 of the Town Law. (2) The application filed with the Town Clerk shall be ac- companied by a fee of fifty dollars ($50.) plus five dollars ($5.) per acre, or part thereof, in the proposed subdivi- sion, and an inspection fee equal to five percent (5%) of the amount of the approved performance bond. [Amended 4-9-85] A10610 2-25-85 • SOUTHOLD SUPPLEMENTAL INDEX —A— —B— AGRICULTURAL LANDS defined, 25-30 AGRICULTURAL LANDS PRESERVATION Acquisition of development rights, 25-40 Alienation of development rights, 25-50 Definitions, 25-30 Farmland Committee, 25-50 Purpose, 25-20 Title, 25-10 AGRICULTURAL PRODUCTION defined, 25-30 ALIENATION defined, 25-30 ALTERATION defined, 100-18 ANCHORING; boats, 32-39 — 32-39.2 ARCHITECTURAL SIGNIFI- CANCE defined, 56-3 A RESIDENTIAL AND AGRICUL- TURAL DISTRICT Relief from bulk and parking re- quirements, 100-31.1 —B— BASEMENT defined, 46-5 BOARD defined, 97.13 BOATS Boats, docks and wharves, 32-30 — 32-39.2 Mooring and anchoring, 32-39 — 32- 39.2 BOATS, DOCKS AND WHARVES; boats, 32-30 — 32-39.2 BUILDING AREA defined, 100-13 BUILDING CODE, see FIRE PRE- VENTION AND BUILDING CODE, UNIFORM BUILDING INSPECTOR Fire prevention and building code, uniform, 45-5 Powers and duties, 45-4 BUILDING PERMITS Fees, 45-11 Fire prevention and building code, uniform, 45-8 — 45-12 SI -1 BULK, AREA AND PARKING; A Residential and Agricultural Dis- trict, 100-31.1 _C_ CERTIFICATE OF OCCUPANCY; fire prevention and building code, uniform, 45-15, 45-17 CLERK defined, 97-13 COMMISSION defined, 56-3 COMMITTEE defined, 25-30 CONDOMINIUM defined, 100-13 151M DEFINITIONS Agricultural lands, 25-30 Agricultural production, 25-30 Alienation, 25-30 Alteration, 100-13 Architectural significance, 56-3 Basement, 46-5 Board, 97-13 Building area, 100-13 Clerk, 97-13 Commission, 56-3 Committee, 25-30 Condominium, 100-13 Development right, 25-30 Exterior architectural features, 56-3 Freshwater wetlands, 97-13 Historical significance, 56-3 Landmark, 56-3 Landmark designation, 56-3 Lot coverage, 100-13 Lowest floor, 46-5 Permanent mooring, 32-31 Public property, 89-3 - Structure, 25-30, 56-3 Taxpayer, 77-201 Temporary anchoring, 32-31 Tidal wetlands, 97-13 Trustees, 97-13 Unlicensed motor -driven vehicles, 89-3 2-25-85 SOUTHOLD SUPPLEMENTAL INDEX —D— —F— Yard, 100-13 DEVELOPMENT RIGHT defined, 25-30 DOGS; fees, 38-7 —E— EXTERIOR ARCHITECTURAL FEATURES defined, 56-3 —F— FARMLAND COMMITTEE Agricultural lands preservation, 25- 50 Membership, 25-50 Powers and duties, 25-50 FEES Building permits, 45-11 Dogs, 38-7 Subdivision of land, A106 -13C Temporary certificates of occupan- cy, 45-18 Variances, 46-15 FENCES, WALLS AND HEDGES; zoning, 100-119.1 FIRE PREVENTION AND BUILD- ING CODE, UNIFORM Administration and enforcement of- ficers designated, 45-3 Building Inspector, 45-5 Building permit, 45-8 — 45-12 Certificate of occupancy, 45-15, 45- 17 Compliance required, 45-20 Conflicts with other regulations, 45- 4 Cooperation with other depart- ments, 45-7 Inspections, 45-16 Penalties for offenses, 45-20, 45-21 Purpose, 45-2 Records and reports, 45-6 Right of entry, 45-14 Stop orders, 45-13 Temporary certificates of oc- cupancy, 45-18 Tests for compliance with standards, 45-19 Title, 45-1 FRESHWATER WETLANDS de- fined, 97-13 —G— GARBAGE, RUBBISH AND REF- USE Conveyance and transportation of ref- use, 48-5 Fees, 48-4 Licenses, 48-4 Penalties for offenses, 48-6 Permits, 48-4 EFRE HISTORICAL SIGNIFICANCE de- fined, 56-3 —I— IMPOUNDMENT; unlicensed motor - driven vehicles, 89-9 INSPECTIONS Fire prevention and building code, uniform, 45-16 —L— LANDMARK defined, 56-3 LANDMARK PRESERVATION Definitions, 56-3 Designation of landmarks, 56-6 Landmark Preservation Commis- sion, 56-4, 56-5 Purpose, 56-2 Review of permit applications, 56.7 Termination of landmark designa- tion, 56-8 Title, 56-1 SI.2 2-25-85 • r1 L_J • SOUTHOLD SUPPLEMENTAL INDEX —P- -L— LANDMARK PRESERVATION COMMISSION Compensation, 56-4 Duties, 56-5 Landmark preservation, 56-4, 56-5 Meetings, 56-4 Membership, 56-4 Officers, 56-4 Terms of office, 56-4 LICENSES Fees, 48-4 LOT COVERAGE defined, 100-13 LOTS; zoning, 100-19 LOWEST FLOOR defined, 46-5 _M_ MEETINGS; Landmark Preservation Commission, 56-4 MEMBERSHIP Farmland Committee, 25-50 Landmark Preservation Com- mission, 56-4 —N— NOTICES Senior citizens tax exemption, 85-5.1 Unlicensed motor -driven vehicles. 89-8 Zoning, 100-152 OFFICERS AND EMPLOYEES; Landmark Preservation Commis-. sion, 56-4 _P_ PENALTIES FOR OFFENSES Fire prevention and building code, uniform, 45-20, 45-21 Garbage, rubbish and refuse, 48-4 Unlicensed motor -driven vehicles, 89-10 PERMANENT MOORING defined, 32-31 PERMITS Fees, 48-4 POWERS AND DUTIES Building Inspector, 45-4 Farmland Committee, 25-50 Landmark Preservation Commis- sion, 56-5 PUBLIC PROPERTY defined, 89-3 —R— RECORDS; fire prevention and build- ing code, uniform, 45-6 REPORTS; fire prevention and build- ing code, uniform, 45-6 RIGHT OF ENTRY; fire prevention and building code, uniform, 45-14 _S_ SALARIES AND COMPENSATION Landmark Preservation Commission, 56-4 SENIOR CITIZENS TAX EXEMP- TION; notice, 85-5.1 SETBACKS; zoning, 100-119.2 SHELLFISH Dredges and scrapes, 77-211.1 Purpose, 77-200.1 STRUCTURE defined, 25-30, 56-3 SUBDIVISION OF LAND Accompanying documents and in- formation, A106-44 Fees, A106 -13C —T— 'TAXPAYER defined, 77-201 TEMPORARY ANCHORING de- fined, 32-31 TEMPORARY CERTIFICATES OF OCCUPANCY Fees, 45-18 Fire prevention and building code, uniform, 45-18 SI -3 2-25-85 SOUTHOLD SUPPLEMENTAL INDEX —T— _Z_ TERMS OF OFFICE Landmark Preservation Commis- sion, 56-4 TESTS; fire prevention and building code, uniform, 45-19 TIDAL WETLANDS defined, 97-13 TRUSTEES defined, 97-13 _U_ UNIFORM FIRE PREVENTION AND BUILDING CODE, see FIRE PREVENTION AND BUILDING CODE, UNIFORM UNLICENSED MOTOR -DRIVEN VEHICLES Conflicts with state law, 89-11 Definitions, 89-3 Exceptions, 89-6 Operation on private property restricted, 89-5 Operation on town property prohibited, 89-4 Parents or guardians to be notified of violations, 89-8 Penalties for offenses, 89-10 Purpose, 89-2 Responsibility of parents or guardians, 89-7 Title, 89-1 Vehicles in violation to be im- pounded, 89-9 —V— VARIANCES Fees, 46-15 VEHICLES AND TRAFFIC Parking prohibited during certain months, 92-42.1 _Y_ YARD defined, 100-13 ZONING Building setback from water bodies and wetlands, 100-119.2 Fences, walls and hedges, 100-119.1 Lots, 100-19 Notice of proposed change of zone classification, 100-152 Title, 100-9 SI -4 2-25-85