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INSTRUCTIONS
Town of Southold Code Supplement No. 88
The enclosed new and/or replacement pages should be placed
40 in your Code volume immediately! The dateline, on the bottom
of the page, does not indicate the adoption date of the Code
changes, but rather identifies the pages printed with this
supplement.
The page numbers should always correspond to this list.
171WriOW"
3201 — 3202
3208.9
3209-3210
5601 — 5607
9707— 9708
9708.1
Supplemental Index,
SI-1—SI-9
INSERT
3201 — 3202
3202.1
3209-3210
3210.1— 3210.4
5601 — 5609
9707 —9708
9708.1— 9708.2
Supplemental Index,
SI-1—SI-10
Legislation, by number or date of adoption, included in this
supplement: L.L. Nos. 2-1994; 3-1994; 4-1994.
4-25-94
BOATS, DOCKS AND WHARVES
Chapter 32
BOATS, DOCKS AND WHARVES
ARTICLE I
• Obstruction and Use of Town Waters
§ 32-10. Permit required.
§ 32-11. Restricted areas at end of town highways.
§ 32-12. Issuance of permits by Board of Trustees.
§ 32-13. (Reserved)
. ARTICLE II
Public Docks
§ 32-20. Definitions.
§ 32-21. Monopolization of docks, bulkheads and
landing places prohibited.
§ 32-22. (Reserved)
ARTICLE III
Boats
§ 32-30. Short title; applicability.
§ 32-31. Definitions.
• § 32-32. Sanitary regulations.
§ 32-32.1. Ramps.
§ 32-33. Unnavigable boats; hazards to navigation.
§ 32-34. Operation of boats near beaches and bathers.
§ 32-35. Water-skiers.
3201 4-25-94
SOUTHOLD CODE
§ 32-36. Speed limits; manner of operation.
§ 32-36.1. Equipment.
§ 32-36.2. Operators.
§ 32-36.3. Regulation of personal watercraft and
specialty prop -craft.
§ 32-37. Internal-combustion engines; mufflers.
§ 32-38. Aquatic events.
§ 32-38.1. Bathing and swimming.
§ 32-38.2. Scuba diving.
§ 32-38.3. Spear fishing.
§ 32-39. Mooring and anchoring.
§ 32-39.1. Anchoring in Mattituck Creek.
§ 32-39.2. Anchoring and mooring in West Harbor and
Hay Harbor.
§ 32-39.3. Mooring permits.
§ 32-39.4. Mooring without a permit.
ARTICLE IV
Floating Homes
§ 32-40. Legislative findings.
§ 32-41. Definitions.
§ 32-42. Prohibited acts.
§ 32-43. Severability.
ARTICLE V
Administration and Enforcement
§ 32-50. Enforcing officer.
3202 4-25-94
C
BOATS, DOCKS AND WHARVES
§ 32-51. Notice of violation.
§ 32-52. Hearing.
0
•
(Cont'd on page 3203)
3202.1 4-25-94
§ 32-39.1 BOATS, DOCKS AND WHARVES § 32-39.2
the federal anchorage area located near the head of said creek.
The Town Board of Trustees shall cause said anchorage area to
be suitably designated by appropriate buoys or markers and
shall also cause suitable signs to be placed at appropriate
locations in said creek to direct boaters to such anchorage area.
• § 32-39.2. Anchoring and mooring in West Harbor and
Hay Harbor. [Added 5-10-1983 by L.L. No.
5-1983; 3-27-1984 by L.L. No. 3-1984;1 3-26-1985
by L.L. No. 5-1985; 5-19-1987 by L.L. No. 5-1987;
4-10-1990 by L.L. No. 7-1990]
A. All boats temporarily anchored in West Harbor and Hay
Harbor at Fishers Island shall anchor in an area
assigned by the Harbor Master or Bay Constable.
(1) Anchoring shall not be permitted for a continuous
period of more than three (3) days unless authorized
by the Harbor Master or Bay Constable, which
authorization may only be granted for emergency
situations.
B. Permanent moorings in West Harbor and Hay Harbor at
Fishers Island.
(1) All permanent moorings shall be located south of
Buoy No. 8.
(2) No permanent mooring shall be placed unless
authorized by a permit duly issued by a Bay
Constable or Deputy or Assistant Bay Constable.
(3) [Amended 11-13-1990 by L.L. No. 25-1990;
11-24-1992 by L.L. No. 28-19921 The following fees
shall be paid for the issuance of a mooring permit:
1 Editor's Note: This local law also provided for the renumbering of former §§ 32-39A
and 32-39B as §§ 32-39.1 and 32-39.2.
3209 4-25-94
§ 32-39.2 SOUTHOLD CODE § 32-39.3
Size of Boat Permit Fee
Up to 25 feet
$ 30.00
26 feet to 35 feet
65.00
Over 35 feet
125.00
All nonresidents
300.00
(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.
§ 32-39.3. Mooring permits. [Added 4-5-1994 by L.L. No.
3-1994]
A. The Town of Southold permits the installation of
moorings for boats in specified locations of town waters.
The use of moorings has increased to such an extent
that the number of moorings has begun to impair the
fragile marine environment in the surrounding town
waters. The Town Board therefore declares it to be the
policy of the town to restrict and regulate the issuance
of mooring permits as described herein.
B. Resident mooring permit.
(1) A resident mooring permit shall be issued by the
Town Trustees to all persons who are qualified
residents of the Town of Southold. Persons applying
for a resident mooring 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 valid tax receipt stub for the current year
for any taxable real property within the Town
3210 4-25-94
§ 32-39.3 BOATS, DOCKS AND WHARVES § 32-39.3
of Southold assessed in the name of the
applicant.
(b) A valid motor vehicle registration in the name
of the applicant and to an address located
within the Town of Southold or to an address
corresponding to the address of a validated tax
• receipt stub for the current tax year for any
taxable real property within the Town of
Southold affixed to the application.
(c) Such other proof of residence as is satisfactory
to the Town Trustees.
(2) The Town Trustees shall inspect such application to
determine that the applicant is a qualified resident
of the town. Upon approval of the application,
resident mooring permit stickers shall be issued.
One (1) sticker shall be placed on the mooring, and
one (1) sticker shall be placed on the boat secured to
said mooring.
C. Lessee mooring permit.
(1) A lessee mooring permit shall be issued by the Town
Trustees to all persons who lease or rent property
within the Town of Southold but do not qualify as
residents as defined in Subsection B hereof. Persons
applying for a lessee mooring 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 Trustees that
the applicant is entitled to a lessee mooring permit,
such permit stickers shall be issued and affixed to
the mooring and boat in the same manner as
provided for resident permit stickers.
3210.1 4-25-94
§ 32-39.4 SOUTHOLD CODE § 32-40
§ 32-39.4. Mooring without a permit. [Added 4-5-1994 by
L.L. No. 3-19941
A. No person shall install or use a mooring in town waters
without a mooring permit issued by the Board of
Trustees of the Town of Southold.
B. Any mooring without such a permit shall be removed
upon notice from the Southold Town Trustees or its
designated agent, which notice shall be by written
notice posted on the mooring and on any boat attached
to said mooring.
C. If such mooring is not removed by the owner within
thirty (30) days after the posting of said notice, the
Southold Town Trustees or its designated agent may
direct the removal or destruction of the mooring and
the cost of said removal, including storage charges for
any boats attached thereto, shall attach to and shall
become a lien upon said property, and said property
may be sold, upon direction of the court, at public
auction to defray said expenses, any surplus being
returned to the owner of record. The town shall not be
liable for any damage done to said mooring or any
attached boat during its removal, storage and sale.
ARTICLE N
Floating Homes
[Adopted 9-24-1985 as Section II of L.L. No. 15-19852]
§ 32-40. Legislative findings.
A. The Town Board finds that watercraft are being used
for strictly residential purposes on waterways within
the Town of Southold. The proliferation of this type of is
use is expected to create significant environmental
problems if their proliferation remains unchecked.
2 Editor's Note: Section I of this local law provided for the renumbering of former Art.
IV, Administration and Enforcement, as Art. V, and the renumbering of §§ 32-40 through
32-43 as §§ 32-50 through 32-53.
3210.2 4-25-94
§ 32-40 BOATS, DOCKS AND WHARVES § 32-40
B. The Town Board recognizes that .the waterways
surrounding the town are some of the primary
recreation areas on Long Island. They are used for
swimming, fishing and boating by many of the local
residents and visitors. Furthermore, waterways are a
major commercial resource providing food and
employment for the harvesters of fish and shellfish.
• Shellfish taken commercially from said waterways are
distributed to all areas of the Eastern Seaboard. The
Town of Southold has expended large sums of money to
develop and protect the harvestable clam stock.
C. The Town Board acknowledges its duty to protect the
health, safety and welfare of its residents and visitors.
The maintenance of high water quality is vital to the
use of said waterways for recreational and commercial
purposes. The avoidance of all uses and activities which
could introduce pollution in these waterways is of
constant concern.
D. The potential influx of craft and vessels for residential
purposes creates a substantial danger to water quality
in said waterways. The residential use of these vessels
is contrary to the established character of the Town of
Southold and will severely diminish the recreational
and commercial use of said waterways.
E. The proliferation of floating homes and marinas which
accommodate them will create problems which include,
in addition to water pollution, trash storage and
removal, fire protection, emergency energy
requirements during power failures, loss of mooring
piles during winter icing conditions and damage and
sinking of vessels during storms, all of which conditions
is
impose additional responsibilities on police, fire and
other emergency agencies in the town.
F. The Town Board recognizes. that the Town of Southold
consists primarily of developed year-round residential
neighborhoods and that marine recreational uses are
incidental to such residential uses, and that it is in the
3210.3 4-25-94
§ 32-40 SOUTHOLD CODE § 32-40
best interests of the Town of Southold and its residents
to restrict and prohibit the uncontrolled growth and
burden on its waterways that would result if the
infusion of floating homes is not controlled.
(Cont'd on page 3211)
•
LI
3210.4 4-25-94
§ 56-1 LANDMARK PRESERVATION § 56-1
Chapter 56,
LANDMARK PRESERVATION
§ 56-1.
Title.
• § 56-2.
Purpose.
§ 56-3.
Definitions.
§ 56-4.
Landmark Preservation Commission.
§ 56-5.
Duties of Commission.
§ 56-6.
Designation of landmarks.
§ 56-7.
Review of building permit applications.
§ 56-8.
Termination of landmark designation.
§ 56-9.
Severability.
§ 56-10.
When effective.
[HISTORY: Adopted by the Town Board of the Town of
Southold 1-18-1983 as L.L. No. 1-1983. Amendments noted
where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 44.
Wetlands — See Ch. 97.
§ 56-1. Title.
This chapter shall be known and may be cited as the
"Landmark Preservation Law of Southold Town."
5601 4-25-94
§ 56-2 SOUTHOLD CODE § 56-3
§ 56-2. Purpose. [Amended 4-5-1994 by L.L. No. 4-1994]
The Town Board finds there exist in the Town of Southold
places, sites, structures and buildings of historic or'
architectural significance, antiquity, uniqueness of exterior
design or construction, which should be conserved, protected
and preserved to preserve the architectural character of
Southold Town, to contribute to the aesthetic value of the town •
and to promote the general good, welfare, health and safety of
the town and its residents. Therefore, it is the purpose and
policy of this chapter to establish a Landmark Preservation
Commission and procedures which it can follow to assist
Southold Town and owners of places, sites, buildings and
structures in order to conserve, protect and preserve such
places, sites, structures and buildings thereby preserving the
unique character of Southold Town, which will substantially
improve property and commercial values in the town and make
its hamlets even better places in which to live.
§ 56-3. Definitions.
As used in this chapter, the following terms shall have the
meanings indicated:
ARCHITECTURAL SIGNIFICANCE — The quality of a
building or structure based on its date of erection, style
and scarcity of same, quality of design, present condition
and appearance or other characteristics that embody the
distinctive characteristics of a type, period or method of
construction.
COMMISSION — The Landmark Preservation
Commission established pursuant to this chapter.
EXTERIOR ARCHITECTURAL FEATURES — The
architectural style, design, general arrangement and
components of all of the outer surfaces of any building or
structure.
HISTORIC DISTRICT — Any area which contains
places, sites, structures or buildings which have a special
5602 4-25-94
§ 56-3 LANDMARK PRESERVATION § 56-3
character and ambience or historical value or aesthetic
interest and which represent one (1) or more periods or
styles of architecture of an era of history and which
cause such area to constitute a distinct section of the
town. [Added 4-5-1994 by L.L. No. 4-19941
HISTORICAL SIGNIFICANCE — The quality of a place,
site, building, district or structure based upon its
is identification with historic persons or events in the Town
of Southold. [Amended 4-5-1994 by L.L. No. 4-1994]
LANDMARK— Any place, site, structure or building
which has historical value or aesthetic interest by reason
of its antiquity or uniqueness of architectural design or
as part of the development, heritage or cultural
characteristics of the town, county or nation. [Amended
4-5-1994 by L.L. No. 4-19941
LANDMARK DESIGNATION — The designation of a
landmark pursuant to the provisions of this chapter.
STRUCTURE — Any assembly of materials forming a
construction framed of component structural parts for
occupancy or use, including buildings.
STYLE OF ARCHITECTURE [Added 4-5-1994 by L.L.
No. 4-1994] — Style recognized by one (1) of the
following organizations:
A. The National Register of Historic Places.
B. Historic American Buildings Survey.
C. Historic American Engineering Record, United
States Department of the Interior, National Park
Service.
• D. Division for Historic Preservation, New York State
Office of Parks and Recreation.
E. National Trust for Historic Preservation.
F. Society of Architectural Historians.
5603 4-25-94
§ 56-4 SOUTHOLD CODE § 56-5
§ 56-4. Landmark Preservation Commission. [Amended
11-26-1991 by L.L. No. 28-19911
A. There is hereby created a Landmark Preservation
Commission for the purpose of conserving, protecting
and perpetuating historic landmarks and districts in
accordance with the purposes of this chapter. The
Commission shall consist of seven (7) members to be
appointed by the Town Board, to serve without
compensation. [Amended 4-5-1994 by L.L. No. 4-19941
B. The term of office of each member appointed to said
Commission shall be two (2) years; provided, however,
that of those members first appointed three (3) shall be
appointed for one (1) year and four (4) shall be appointed
for two (2) years. If a vacancy occurs other than by
expiration of a term, it shall be filled by the Town Board
by appointment for the unexpired term.
§ 56-5. Duties of Commission.
The Commission shall perform the following duties and
functions:
A. Encourage the preservation of landmarks through
educational activities.
B. Recommend places, sites, buildings, structures and
historic districts to the Town Board for landmark
designation in accordance with the provisions of § 56-6
hereof. [Amended 4-5-1994 by L.L. No. 4-19941
C. Review and, where appropriate, give advisory recommen-
dations with respect to all applications for building
permits involving alterations of the exterior of
designated landmarks in accordance with the procedures
set forth in § 56-7 hereof.
D. Cooperate with civic and professional organizations
interested in landmark preservation.
5604 4-25-94
§ 56-5 LANDMARK PRESERVATION § 56-6
E. Offer advice and suggestions to or at the request of
owners or the Town Board to implement the purposes of
this chapter.
F. Promote and encourage historic awareness and judicious
concern for designated landmarks.
• § 56-6. Designation. of landmarks.
A. Selection of places, sites, buildings, structures and
historic districts for landmark designation shall be
determined on the basis of historical and/or architectural
significance. [Amended 4-5-1994 by L.L. No. 4-19941
B. [Amended 4-5-1994 by L.L. No. 4-19941 In considering
places, sites, buildings,- structures and historic districts
for possible landmark designation, the Commission shall
comply with the following procedure:
(1) Prior to recommending to the Town Board that a
place, site, building, structure or historic district be
designated as a landmark, the Commission shall
give written notice to the owner(s) of the property,
as shown on the last completed town assessment
roll, that the Commission is considering
recommending to the Town Board that the place,
site, building or structure be designated as a
designated landmark or historic district. Such notice
shall request that the owner(s) consent to such
designation by signing and returning the form of
consent enclosed with the notice. Such notice shall
also indicate that if the owner(s) objects to such
designation or desires further information, the
• owner(s) may return the form enclosed with the
notice, which requests that the owner(s) and/or rep-
resentatives) seeks a meeting with the Commission
within thirty (30) days from the receipt of such
requests by the Commission.
5605 4-25-94
§ 56-6 SOUTHOLD CODE § 56-6
(2) The Commission may not proceed to make its recom-
mendation unless one (1) of the following conditions
are met:
(a) The owner consents, in writing, to such
designation; or, with respect to an historic
district, fifty-one percent (51%) of the property
owners in the proposed district consent, in •
writing, to such designation.
(b) The owner, within thirty (30) days from the
receipt of the notice specified in § 56-6B(1), has
failed to notify the Commission of his/her
objection to such designation or failed to
request a meeting with the Commission.
(c) A member of the Commission has personally
met with all of the owners of the property being
considered for designation and has fully
explained all aspects of designation and the
consequences that will result from such
designation.
(3) When the Town Board receives a recommendation
from the Commission that a place, site, building or
structure be designated as a landmark or an historic
district be designated, the Town Clerk shall give
written notice thereof to the owner(s) of the
property, stating the time and place when the Town
Board will meet to consider the question of the
landmark designation of such place, site, building,
structure or historic district. Such notice shall also
state that the owner(s) shall be given an opportunity
to be heard at such meeting.
C. The designation of property as a designated landmark or
historic district by the Town Board, pursuant to the
provisions of this chapter, shall not impose any
obligation or responsibility upon the owners thereof, nor
shall such designation in any manner restrict or limit
the use, development, repair, maintenance, alteration or
5606 4-25-94
§ 56-6 LANDMARK PRESERVATION § 56-7
modification of the property by the owners thereof.
[Amended 4-5-1994 by L.L. No. 4-19941
D. The designation of property as a designated landmark by
the Town Board, pursuant to the provisions of this
chapter, shall not become effective until such property is
entered in the Register of Designated Landmarks and
filed with the Town Clerk.
§ 56-7. Review of building permit applications.
A. Every application for a building permit for the
reconstruction or alteration of or addition to a designated
landmark shall be referred by the Building Inspector to
the Commission for its comments and recommendations.
No building permit shall be issued until the Commission
has filed its written comments and recommendations
with the Building Inspector and has mailed a copy
thereof to the applicant or until the passage of fourteen
(14) days from the date of referral, whichever shall first
occur.
B. The application for a building permit shall not be
deemed complete until the Commission has filed its
written comments and recommendations or until the
passage of fourteen (14) days from the date of referral of
the building permit application to the Commission,
whichever shall first occur.
C. In reviewing an application for a building permit
referred to it, the Commission shall consider the effect
that the contemplated work will have on ,the exterior
architectural features of the designated landmark. If the
Commission recommends modification in the
contemplated work in order to preserve the architectural
features of the structure, it shall suggest such
modifications as will minimize the costs, time and
inconvenience to the owner.
5607 4-25-94
§ 56-7 SOUTHOLD CODE § 56-9
D. In reviewing an application for a building permit, the
Commission shall consider only the exterior
architectural features of the building or structure.
E. The comments and recommendations of the Commission
with respect to building permit applications referred to it
pursuant to this section shall be deemed advisory only.
The owner's rejection of or refusal to comply with such
comments and recommendations shall not delay or in
any way impede the otherwise favorable action on the
issuance of a building permit.
F. Nothing contained in this chapter shall be deemed to
prevent the ordinary and necessary maintenance and
repair of any exterior architectural features of a
designated landmark which does not involve a
significant change in design, material or outward
appearance thereof.
§ 56-8. Termination of landmark designation. [Amended
4-5-1994 by L.L. No. 4-19941
Whenever a designated landmark or historic district is
destroyed or its exterior is altered to such an extent that it
ceases to have architectural significance, the Town Board may,
by resolution, direct that it be removed from the Register of
Designated Landmarks. Prior to taking such action, however,
the owner shall be given written notice of such proposed action
and shall be given an opportunity to appear before the Town
Board and be heard thereon.
§ 56-9. Severability. [Amended 4-5-1994 by L.L. No.
4-1994]
Each of the foregoing provisions of this chapter has been
adopted in an endeavor to preserve and extend the public
welfare by preserving the characteristics of historic and/or
architecturally significant places, sites, structures or districts.
In the event that any portion of this chapter shall be
5608 4-25-94
§ 56-9 LANDMARK PRESERVATION § 56-10
determined invalid, such determination shall not affect or
result in the invalidity of any otherprovision contained in this
chapter.
§ 56-10. When effective.
. This chapter shall take effect immediately.
5609 4-25-94
§ 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
coordinate 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 of one (1) year or less with contours at
two -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.
[Amended 4-5-1994 by L.L. No. 2-1994]
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.
9707 4-25-94
§ 97-21 SOUTHOLD CODE § 97-24
J. Documentary proof that all other necessary permits and
approvals have been obtained.
§ 97-22. Waiver of certain requirements. [Amended
6-5-1984 by L.L. No. 6-1984; 3-28-1989 by L.L. No.
4-19891
The Trustees, upon request of the applicant for a permit, may •
waive, in whole or in part, the provisions of Article II, § 97-21D,
G and J, 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.
§ 97-23. Fees. [Amended 11-15-1983 by L.L. No. 13-1983;
6-5-1984 by L.L. No. 6-19841
A. Every application for a permit filed with the Clerk shall
be accompanied by a filing fee of one hundred fifty
dollars ($150.), no portion of which shall be refundable.
[Amended 11-18-1986 by L.L. No. 15-19861
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 6-5-1984 by
L.L. No. 6-19841
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
application 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
9708 4-25-94
§ 97-24 WETLANDS § 97-25
and recommendations with respect to such application to
the Trustees. If the Conservation Advisory Council shall
recommend 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 (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 operations 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 3-26-1985 by L.L. No. 6-1985]
§ 97-25. Issuance of permit: conditions; inspection fees.
[Amended 6-5-1984 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
accordance with the permit. Such fees shall be in the
amount of five dollars ($5.) for each such inspection.
9708.1 4-25-94
§ 97-26 SOUTHOLD CODE § 97-26
§ 97-26. Liability insurance. [Amended 6-5-1984 by L.L.
No. 6-19841
The applicant for a permit hereunder shall, before the
issuance of said permit by the Clerk, file with the Clerk a
certificate that
(Cont'd on page 9709)
•
•
9708.2 4-25-94
•
SOUTHOLD SUPPLEMENTAL INDEX
—A-
0 A—
ADMINISTRATOR
Coastal erosion hazard area, 37-42
Defined, 37-6
Powers and duties, 37-42
AFFORDABLE HOUSING (AHD)
DISTRICT
Penalties for offenses, 100-59
Zoning, 100-50 – 100-59
AGRICULTURAL LAND
PRESERVATION
Land Preservation Committee,
25-50
ALARM SYSTEMS
False alarms, 24-5, 24-6
Fees, 24-6
Penalties for offenses, 24-8
Permits, 24-3, 24-4
ANCHORING
Flood damage prevention, 46-16
APARTMENT
Defined, 100-13
APARTMENT HOUSE
Defined, 100-13
APPEALS
Coastal erosion hazard area, 37-35,
37-36
Flood damage prevention, 46-22
APPOINTMENTS
Land Preservation Committee,
25-50, 59-50
ARCHIVES
Defined, 72-3
— B —
BEACH
• Defined, 37-6
BERMS
Height regulations, 100-231
BLUFF
Defined, 37-6
BOATS
Mooring, 32-39.3, 32-39.4
Notices, 32-39.4
Permits, 32-39.3, 32-39.4
BOATS, DOCKS AND WHARVES
Bathing and swimming, 32-38.1
Ramps, 32-32.1
Regulation of personal watercraft
and specialty prop -craft, 32-36.3
Scuba diving, 32-38.2
Spear fishing, 32-38.3
BODY FLUIDS
Defined, A107-43.1
BONDS
Coastal erosion hazard area, 37-41
BOWRIDING
Defined, 32-31
BUILDING INSPECTOR
Flood damage prevention, 46-11,
46-14
Powers and duties, 46-14
BUILDING PERMITS
Site plan approval, 100-252
BULKHEAD
Defined, 100-13
— C —
CANS
Defined, 48-1
CANVASSERS
Defined, 69-1
See also PEDDLERS,
SOLICITORS AND TRANSIENT
RETAIL MERCHANTS
CERTIFICATE OF COMPLIANCE
Defined, 100-13
Flood damage prevention, 46-14
CERTIFICATE OF
DETERMINATION
Defined, 100-13
CERTIFICATE OF OCCUPANCY
Site plan approval, 100-252
CHANNEL SYSTEM
Defined, 32-31
COASTAL EROSION HAZARD
AREA
Administration and enforcement,
37-40 – 37-49
SI -1
4-25-94
SOUTHOLD SUPPLEMENTAL INDEX
Administrator, 37-42
Amendments, 37-50, 37-51
Appeals, 37-35, 37-36
Applicability, 37-20
Beach area, 37-15
Bluff area, 37-17
Bonds, 37-41
Certification, 37-51
Coastal Erosion Hazard Board of
Review, 37-34
Conflicts, 37-44
Definitions, 37-6
Dune area, 37-16
Emergency activity, 37-20 — 37-29
Enactment, 37-1
Environmental review, 37-46
Erosion protection structures,
37-18
Establishment, 37-10
Fees, 37-32, 37-40
Findings, 37-5
General provisions, 37-1— 37-9
Interpretation, 37-43
Near shore area, 37-14
Notices, 37-21, 37-22
Penalties for offenses, 37-47
Permits, 37-11, 37-12, 37-40
Procedure, 37-50
Purpose, 37-4
Regulations, 37-10 — 37-19
Structural hazard area, 37-13
Title, 37-2
Traffic control, 37-19
Variances, 37-30 — 37-39
COASTAL EROSION HAZARD
AREA MAP
Defined, 37-6
COASTAL EROSION HAZARD
BOARD OF REVIEW
Coastal erosion hazard area, 37-34
COASTAL WATERS
Defined, 37-6
COASTLINE
Defined, 37-6
COLLAPSED BUILDINGS, see
UNSAFE BUILDINGS
COMMUNICABLE DISEASE
Defined, A107-43.1
COMMUNICABLE/INFECTIOUS
DISEASES
Definitions, A107-43.1
Line -of -duty exposures, A107-43.1
Notices, A107-43.1
Police Department rules and
regulations, A107-43.1
Policy, A107-43.1
Procedures, A107-43.1
Purpose, A107-43.1
Records, A107-43.1
Supplies, A107-43.1
COMPLAINANT
Defined, A107-35.1
CURBS
Highway specifications, A108-42
:5-1m
DEBRIS LINE
Defined, 37-6
DEDICATION OF ROADS
Highway specifications, A108-50
DEFINITIONS
Administrator, 37-6
Apartment, 100-13
Apartment house, 100-13
Archives, 72-3
Beach, 37-6
Bluff, 37-6
Body fluids, A107-43.1
Bowriding, 32-31
Bulkhead, 100-13
Cans, 48-1
Canvassers, 69-1
Certificate of compliance, 100-13
Certificate of determination,
100-13
Channel system, 32-31
Coastal Erosion Hazard Area Map,
37-6
Coastal waters, 37-6
Coastline, 37-6
Communicable disease, A107-43.1
SI -2
4-25-94
•
•
SOUTHOLD SUPPLEMENTAL INDEX
Complainant, A107-35.1
Debris line, 37-6
Dune, 37-6
Eels, 77-201
Erosion, 37-6
Erosion hazard area, 37-6
Erosion protection structure, 37-6
Existing manufactured home park
or subdivision, 46-4
Existing structure, 37-6
Expansion to an existing
manufactured home park or
subdivision, 46-4
Family/household, A107-35.1
Family offense, A107-35.1
Federal Emergency Management
Agency, 46-4
Flood Boundary and Floodway
Map, 46-4
Flood elevation study, 46-4
Floodplain, 46-4
Flood -prone area, 46-4
Fraternal organization, 100-13
Glass, 48-1
Grading, 37-6
Habitable floor area, 100-13
Historic District, 56-3
Historilc structure, 46-4
Home business office, 100-13
Home professional office, 100-13
Illegal dumping, 48-2
Living area, 100-13
Local administrator, 46-4
Major addition, 37-6
Mean low water, 37-6
Moveable structure, 37-6
Natural protective feature, 37-6
Natural protective feature area,
37-6
Nearshore area, 37-6
New manufactured home park or
subdivision, 46-4
Newspaper, 48-1
Nonrecyclable waste, 48-2
Normal maintenance, 37-6
Order of protection, A107-35.1
Peddler, 69-1
Person, 37-6, 69-1
Personal watercraft, 32-31
Plastics, 48-1
Primary dune, 37-6
Primary frontal dune, 46-4
Probable cause, A107-35.1
Receding edge, 37-6
Recession rate, 37-6
Records, 72-3
Records center, 72-3
Records disposition, 72-3
Records management, 72-3
Recreational vehicles, 46-4
Recyclable, 48-1
Recyclable wood, 48-1
Regulated activity, 37-6
Restoration, 37-6
Retaining wall, 100-13
Secondary dune, 37-6
Servicing, 72-3
Significant fish and wildlife
habitat, 37-6
Solicitors, 69-1
Specialty prop -craft, 32-31
Structural hazard area, 37-6
Structure, 37-6
Style of architecture, 56-3
Substantial damage, 46-4
Toe, 37-6
Town garbage bag, 48-2
Transient retail business, 69-1
Unregulated activity, 37-6
Utilities, 100-51
Vegetation, 37-6
DRAINAGE
Highway specifications, A108-27,
A108-29 — A108-33, A108-36
Site plan approval, 100-252
DRIVEWAYS
Highway specifications, A108-40
DUNE
Defined, 37-6
DUST
Peddlers, solicitors and transient
retail merchants, 69-10
SI -3
4-25-94
SOUTHOLD SUPPLEMENTAL INDEX
—E—
EELS
Defined, 77-201
Coastal erosion hazard area,
37-20 – 37-29
EROSION
Defined, 37-6
EROSION HAZARD AREA
Defined, 37-6
EROSION PROTECTION
STRUCTURE
Defined, 37-6
EXCAVATIONS
Highway specifications, A108-18
EXISTING MANUFACTURED
HOME PARK OR
SUBDIVISION
Defined, 46-4
EXISTING STRUCTURE
Defined, 37-6
EXPANSION TO AN EXISTING
MANUFACTURED HOME
PARK OR SUBDIVISION
Defined, 46-4
— F —
FALSE ALARMS
Alarm systems, 24-5, 24-6
FAMILY/HOUSEHOLD
Defined, A107-35.1
FAMILY OFFENSE
Defined, A107-35.1
FEDERAL EMERGENCY
MANAGEMENT AGENCY
Defined, 46-4
FEES
Alarm systems, 24-6
Coastal erosion hazard area, 37-32,
37-40
Flood damage prevention, 46-12
Garbage, rubbish and refuse, 48-2
Peddlers, solicitors and transient
retail merchants, 69-4, 69-9
Site plan approval, 100-256
FENCES
Highway specifications, A108-42
FLOOD BOUNDARY AND
FLOODWAY MAP
Defined, 46-4
FLOOD DAMAGE PREVENTION
Anchoring, 46-16
Appeals, 46-22
Building Inspector, 46-11, 46-14
Certificate of compliance, 46-14
Construction materials and
methods, 46-16
Encroachments, 46-15
Fees, 46-12
General floodproofing standards,
46-15
Manufactured homes, 46-15, 46-21
New construction, 46-15, 46-16
Nonresidential structures (coastal
high -hazard areas), 46-20
Nonresidential structures (except
coastal high -hazard areas), 46-19
Penalties for offenses, 46-9
Permits, 46-12, 46-13
Recreational vehicles, 46-21
Residential structures (coastal
high -hazard areas), 46-18
Residential structures (except
coastal high -hazard areas), 46-17
Standards for all structures, 46-16
Stop -work orders, 46-14
Subdivision proposals, 46-15
Utilities, 46-16
Variances, 46-23
Warning and disclaimer of liability,
46-10
Zoning Board of Appeals, 46-22
FLOOD ELEVATION STUDY
Defined, 46-4
FLOODPLAIN
Defined, 46-4
FLOOD -PRONE AREA
Defined, 46-4
FRATERNAL ORGANIZATION
Defined, 100-13
SI -4
4-25-94
•
•
L'
•
SOUTHOLD SUPPLEMENTAL INDEX
— G —
GARBAGE, RUBBISH AND
REFUSE
Fees, 48-2
Nonrecyclable waste, 48-2, 48-3
Town garbage bag, 48-2
GLASS
Defined, 48-1
GRADING
Defined, 37-6
GUARANTIES
Site plan approval, 100-254
— H —
HABITABLE FLOOR AREA
Defined, 100-13
HEARINGS
Peddlers, solicitors and transient
retail merchants, 69-11
Site plan approval, 100-254
HEIGHT REGULATIONS
Berms, 100-231
HIGHWAY SPECIFICATIONS
Alterations or modifications to
specifications, A108-48
As -constructed survey, A108-46
Ashpalt wearing course, A108-23
Asphalt binder course, A108-22
Asphalt pavement cores, A108-26
Base course for asphalt pavement,
A108-21
Base course for Stone Blend Road,
A108-19
Bituminous surface treatment
double application, A108-24
Catch basins, A108-34
Clearing and grubbing, A108-16
Concrete curbs, A108-38
Concrete cylinders, A108-41
Concrete footings, slabs and
headwalls, A108-37
Concrete sidewalks and driveway
entrances, A108-40
Construction specifications,
A108-15.1, A108-15
Dead-end streets, A108-11
Drainage design criteria, A108-27
Drainage pipe criteria, A108-36
Excavation and embankment,
A108-18
Fences and curbs at recharge
basins, A108-42
Final dedication of roads, A108-50
Granite curbs, A108-39
Inspections, A108-49
Landscaping of recharge basins,
A108-43
Leaching basins, A108-28
Manholes, A108-35
Modifications to existing private
roads, A108-25
Recharge basins Type A and
drainage areas, A108-29
Recharge basins Type B and
drainage areas, A108-30
Recharge basins Type C and
drainage, A108-31
Screening, A108-43
Seeding, A108-44
Stone blend wearing course,
A108-20
Storm drains, A108-33
Stormwater drainage systems,
A108-32
Streetlighting, A108-47
Street signs, A108-12
Street trees, A108-45
Stripping and stockpiling soil,
A108-17
Topsoil, A108-43
Trees, A108-43
HISTORIC DISTRICT
Defined, 56-3
HISTORIC STRUCTURE
Defined, 46-4
HOME BUSINESS OFFICE
Defined, 100-13
HOME PROFESSIONAL OFFICE
Defined, 100-13
Noise, 100-31
SI -5
4-25-94
SOUTHOLD SUPPLEMENTAL INDEX
Setbacks, 100-31
Signs, 100-31
Storage, 100-31
Zoning, 100-31
—I—
ILLEGAL DUMPING
Defined, 48-2
INSPECTIONS
Highway specifications, A108-49
INVESTIGATIONS
Peddlers, solicitors and transient
retail merchants, 69-7
— L —
LAND PRESERVATION
COMMITTEE
Agricultural land preservation,
25-50
Appointments, 25-50, 59-50
Membership, 25-50, 59-50
Open space preservation, 59-50
Powers and duties, 25-50, 59-50
Terms of office, 25-50, 59-50
LANDSCAPING
Highway specifications, A108-43
Site plan approval, 100-252 .
LIABILITY
Flood damage prevention, 46-10
LICENSES
Peddlers, solicitors and transient
retail merchants, 69-1- 69-13
LIGHTING
Site plan approval, 100-252
LIVING AREA
Defined, 100-13
LOCAL ADMINISTRATOR
Defined, 46-4
— M —
MAJOR ADDITION
Defined, 37-6
MANUFACTURED HOMES
Flood damage prevention, 46-15,
46-21
MEAN LOW WATER
Defined, 37-6
MEMBERSHIP
Land Preservation Committee,
25-50, 59-50
MERCHANTS, see PEDDLERS,
SOLICITORS AND
TRANSIENT RETAIL
MERCHANTS
MOORING
Boats, 32-39.3, 32-39.4
MOVEABLE STRUCTURE
Defined, 37-6
— N —
NATURAL PROTECTIVE
FEATURE
Defined, 37-6
NATURAL PROTECTIVE
FEATURE AREA
Defined, 37-6
NEARSHORE AREA
Defined, 37-6
NEW MANUFACTURED HOME
PARK OR SUBDIVISION
Defined, 46-4
NEWSPAPER
Defined, 48-1
NOISE
Home professional office, 100-31
Peddlers, solicitors and transient
retail merchants, 69-10
NONRECYCLABLE WASTE
Defined, 48-2
Garbage, rubbish and refuse, 48-2,
48-3
NORMAL MAINTENANCE
Defined, 37-6
SI -6
4-25-94
•
C7
•
SOUTHOLD SUPPLEMENTAL INDEX
NOTICES
Boats, 32-39.4
Coastal erosion hazard area, 37-21,
37-22
Communicable/infectious diseases,
A107-43.1
Pro -arrest policy, A107-35.1
Site plan approval, 100-254
—0—
OBSTRUCTIONS O—
OBSTRUCTIONS
Peddlers, solicitors and transient
retail merchants, 69-10
OFF-STREET PARKING AND
LOADING
Site plan approval, 100-252
OPEN SPACE PRESERVATION
Land Preservation Committee,
59-50
ORDER OF PROTECTION
Defined, A107-35.1
_P_
PEDDLER P—
PEDDLER
Defined, 69-1
PEDDLERS, SOLICITORS AND
TRANSIENT RETAIL
MERCHANTS
Canvassing for religious purposes,
69-14
Definitions, 69-2
Dust, 69-10
Exemptions, 69-4
Fees, 69-4, 69-9
Hearings, 69-11
Investigations, 69-7
Legislative intent, 69-1
Licenses, 69-1– 69-13
Noise, 69-10
Obstructions, 69-10
Penalties for offenses, 69-13
Permitted activities, 69-5
Records, 69-8
Registration, 69-3, 69-6
Restrictions, 69-10
Sales, 69-1– 69-13
Signs, 69-12
Vehicles, 69-10
PENALTIES FOR OFFENSES
Affordable Housing (AHD) District,
100-59
Alarm systems, 24-8
Coastal erosion hazard area, 37-47
Flood damage prevention, 46-9
Peddlers, solicitors and transient
retail merchants, 69-13
PERMITS
Alarm systems, 24-3,24-4
Boats, 32-39.3, 32-39.4
Coastal erosion hazard area, 37-11,
37-12, 37-40
Flood damage prevention, 46-12,
46-13
PERSON
Defined, 37-6, 69-1
PERSONAL WATERCRAFT
Defined, 32-31
PLASTICS
Defined, 48-1
POLICE DEPARTMENT RULES
AND REGULATIONS
Communicable/infectious diseases,
A107-43.1
Pro -arrest policy, A107-35.1
POWERS AND DUTIES
Administrator, 37-42
Building Inspector, 46-14
Land Preservation Committee,
25-50, 59-50
Records Advisory Board, 72-5
Records management officer, 72-4
PRIMARY DUNE
Defined, 37-6
PRIMARY FRONTAL DUNE
Defined, 46-4
PRO -ARREST POLICY
Accusatory instrument, A107-35.1
Definitions, A107-35.1
General provisions, A107-35.1
Notices, A107-35.1
SI -7
4-25-94
SOUTHOLD SUPPLEMENTAL INDEX
Orders or protection, A107-35.1
Police Department rules and
regulations, A107-35.1
Procedure, A107-35.1
Protection of identity of victim,
A107-35.1
Purpose, A107-35.1
PROBABLE CAUSE
Defined, A107-35.1
— R —
RAMPS
Boats, docks and wharves, 32-32.1
RECEDING EDGE
Defined, 37-6
RECESSION RATE
Defined, 37-6
RECORDS
Communicable/infectious diseases,
A107-43.1
Defined, 72-3
Peddlers, solicitors and transient
retail merchants, 69-8
RECORDS ADVISORY BOARD
Powers and duties, 72-5
Records management, 72-5
RECORDSCENTER
Defined, 72-3
RECORDS DISPOSITION
Defined, 72-3
RECORDS MANAGEMENT
Custody and control of records,
72-6
Definitions, 72-3
Disposition of records, 72-7
Intent, 72-1
Program established, 72-2
Records Advisory Board, 72-5
Records management officer, 72-2,
72-4,72-6
RECORDS MANAGEMENT
OFFICER
Powers and duties, 72-4
Records management, 72-2, 72-4
RECREATIONAL VEHICLES
Defined, 46-4
Flood damage prevention, 46-21
RECYCLABLE
Defined, 48-1
RECYCLABLE WOOD
Defined, 48-1
REGISTRATION
Peddlers, solicitors and transient
retail merchants, 69-3, 69-6
REGULATED ACTIVITY
Defined, 37-6
RESTORATION
Defined, 37-6
RETAINING WALL
Defined, 100-13
—S—
SALES
Peddlers, solicitors and transient
retail merchants, 69-1– 69-13
SCREENING
Highway specifications, A108-43
Site plan approval, 100-252
SECONDARY DUNE
Defined, 37-6
SERVICING
Defined, 72-3
SETBACKS
Home professional office, 100-31
SHELLFISH
Eels, 77-208.1
Vegetation removal prohibited,
77-211.2
SIDEWALKS
Highway specifications, A108-40
SIGNIFICANT FISH AND
WILDLIFE HABITAT
Defined, 37-6
SIGNS
Highway specifications, A108-12
Home professional office, 100-31
Peddlers, solicitors and transient
retail merchants, 69-12
SI -8
4-2b-94
0
SOUTHOLD SUPPLEMENTAL INDEX
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
SOLICITORS
Defined, 69-1
See also PEDDLERS,
SOLICITORS AND TRANSIENT
RETAIL MERCHANTS
SPECIALTY PROP -CRAFT
Defined, 32-31
STOP -WORK ORDERS
Flood damage prevention, 46-14
STORAGE
Home professional office, 100-31
STREETLIGHTING
Highway specifications, A108-47
STRUCTURAL HAZARD AREA
Defined, 37-6
STRUCTURE
Defined, 37-6
STYLE OF ARCHITECTURE
Defined, 56-3
SUBDIVISION OF LAND
Flood damage prevention, 46-15
SUBSTANTIAL DAMAGE
Defined, 46-4
— T —
TERMS OF OFFICE
Land Preservation Committee,
25-50, 59-50
TOE
Defined, 37-6
TOPSOIL
Highway specifications, A108-43
TOWN GARBAGE BAG
Defined, 48-2
Garbage, rubbish and refuse, 48-2
TRANSIENT MERCHANTS, see
PEDDLERS, SOLICITORS
AND TRANSIENT RETAIL
MERCHANTS
TRANSIENT RETAIL BUSINESS
Defined, 69-1
TREES
Highway specifications, A108-43,
A108-45
— U —
UNREGULATED ACTIVITY
Defined, 37-6
UNSAFE BUILDINGS
Unsafe premises prohibited, 90-3
UTILITIES
Defined, 100-51
Flood damage prevention, 46-16
Site plan approval, 100-252
— V —
VARIANCES
Coastal erosion hazard area,
37-30 – 37-39
Flood damage prevention, 46-23
Site plan approval, 100-254
VEGETATION
Defined, 37-6
VEHICLES
Peddlers, solicitors and transient
retail merchants, 69-10
SI -9
4-25-94
SOUTHOLD SUPPLEMENTAL INDEX
— Z — Home professional office, 100-31
ZONING Site plan approval, 100-250 –
100-256
Affordable Housing (AHD) District, ZONING BOARD OF APPEALS
100-50 –100-59 Flood damage prevention, 46-22
0
SI -10 4-25-94