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Home My WebLink About1993 Code Supplement - 09/25/1993GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 82 • The enclosed new and/or replacement pages should be placed in your Code volume immediately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code changes, but rather identifies the pages printed with this supplement. • The page numbers should always correspond to this list. REMOVE INSERT Table of Contents, vii — xii 4601— 4630 9230.3 — 9230.4 9230.4.1 10048.1 10049— 10050 Supplemental Index, SI-1—SI-8 Table of Contents, vii — xii 4601 — 4642 7201— 7205 9230.3 — 9230.4 9230.4.1 10049 —10050 10050.1 Supplemental Index, SI-1—SI-9 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 15-1993; 16-1993; 17-1993; 18-1993. 9-25-95 f TABLE OF CONTENTS PART I ADMINISTRATIVE LEGISLATION • CHAPTER PAGE 1. General Provisions ....................... 101 Article I Adoption of Code Article II Legislation Enacted During Codification 2. (Reserved) ................................ 201 3. (Reserved) ................................ 301 4. Assessors ................................ 401 Article I Election Article II Number 5. (Reserved) ................................ 501 6. (Reserved) ................................ 601 7. Committees, Appointment of .............. 701 8. Defense and Indemnification of Employees . 801 9. (Reserved) ................................ 901 10. Ethics, Code. of .......................... 1001 11. Expenses of Town Officers ................ 1101 12. (Reserved) ............................... 1201 13. (Reserved) ............................... 1301 14. Local Laws, Adoption of .................. 1401 • 15. (Reserved) ............................... 1501 16. Officers and Employees ................... 1601 Article I Town Clerk Article II Superintendent of Highways 17. (Reserved) ............................... 1701 vii 9 — 25 = 93 �*Glrj0*(9)r)lKell0) 01 CHAPTER PAGE 18. Police Department ....................... 1801 19. (Reserved) ............................... 1901 20. (Reserved) ................................ 2001 21. (Reserved) ................................ 2101 22. (Reserved) ............................... 2201 23. (Reserved) ............................... 2301 PART II GENERAL LEGISLATION 24. Alarm Systems .......................... 2401 25. Agricultural Lands Preservation .......... 2501 26. Appearance Tickets ...................... 2601 27. Bazaars, Fairs, Circuses and Public Enter- tainment ................................ 2701 28. Bicycles ................................. 2801 29. (Reserved) ............................... 2901 30. Bingo and Games of Chance .............. 3001 Article I Bingo Article II Games of Chance 31. (Reserved) ............................... 3101 32. Boats, Docks and Wharves ................ 3201 Article I Obstruction and Use of Town Waters Article II Public Docks Article III Boats Article IV Floating Homes Article V Administration and Enforcement 33. (Reserved) ............................... 3301 34. (Reserved) ............................... 3401 35. (Reserved) ............................... 3501 36. Burning, Outdoor ........................ 3601 V111 9-25-93 • • 1X 9-25-93 TABLE OF CONTENTS CHAPTER PAGE 37. Coastal Erosion Hazard Areas ............ 3701 38. Dogs.................................... 3801 Article I 'General Regulations Article II - Fees 39. (Reserved) ............................... 3901 • 40. (Reserved) ............................... 4001 41. Ducks.................................. 4101 42. (Reserved) ............................... 4201 43. Electrical Inspections .................... 4301 44. Environmental Quality Review ........... 4401 45. Fire Prevention and Building Code, Uniform................................ 4501 46. Flood Damage Prevention ................ 4601 47. (Reserved) ............................... 4701 48. Garbage, Rubbish and Refuse ............ 4801 49. Highway Defects, Notice of ............... 4901 50. (Reserved) ............................... 5001 51. (Reserved) ................................. 5101 52. (Reserved) ............................... 5201 53. (Reserved) ............................... 5301 54. Junkyards .............................. 5401 55. (Reserved) ............................... 5501 • 56. Landmark Preservation .................. 5601 57. Littering................................ 5701 58. (Reserved)................................ 5801 59. Open Space Preservation ................ 5901 60. (Reserved) ............................... 6001 1X 9-25-93 SOUTHOLD CODE 11-1rMtmi 61. (Reserved) ............................... 62. Parks and Recreation Areas .............. Article I Use Regulations and Restrictions 63. (Reserved) ............................... 64. (Reserved) ............................... 65. Parking at Beaches ...................... 66. (Reserved) ............................... 67. Peace and Good Order .................. . Article I Public Consumption of Alcoholic Beverages 68. (Reserved) ............................... 69. Peddlers, Solicitors and Transient Retail Merchants .:............................. 70. (Reserved) ............................... 71. (Reserved) ............................... 72. Records Management .................... 73. Records, Public Access to ................ 74. (Reserved) ............................... 75. Scavenger Wastes ........................ 76. Sewers .................................. Article I Sewer Use Article II Rents and Charges 77. Shellfish ................................ Article I Catching of Shrimp Article'II Taking of Shellfish and Eels 78. (Reserved) ............................... 79. (Reserved) ............................... 80. (Reserved) ...` ............................ 81. Soil Removal ............................ X PAGE 6101 6201 6301 6401 6501 6601 6701 6801 6901 7001 7101 7201 7301 7401 7501 7601 7701 7801 • 7901 8001 8101 9-25-93 TABLE OF CONTENTS CHAPTER PAGE X1 9-25-93 82. (Reserved) ............................... 8201 83. Street Excavations ...................... 8301 84. (Reserved) ............................... 8401 85. Taxation ................................ 8501 • Article I Senior Citizen Exemption Article II Business Investment Exemption 86. (Reserved) ............................... 8601 87. (Reserved) ............................... 8701 88. Tourist and Trailer Camps ............... 8801 Article I General Regulations Article II Recreational Vehicle Parks 89. Unlicensed Motor -Driven Vehicles ........ 8901 90. Unsafe Buildings ........................ 9001 91. (Reserved) ............................... 9101 - 92. Vehicles and Traffic ...................... 9201 93. (Reserved) ............................... 9301 94. (Reserved) ............................... 9401 95. (Reserved) ............................... 9501 96. (Reserved) ............................... 9601 97. Wetlands ................................ 9701 98. (Reserved) ............................... 9801 99. (Reserved) ............................... 9901 100. Zoning .................................. 10001 • 101. Zoning (continued) ...................... 10101 102. (Reserved) ............................... 10201 X1 9-25-93 SOUTHOLD CODE CHAPTER PAGE 103. (Reserved) ............................... 10301 104. (Reserved) ............................... 10401 INDEX �J X11 9-25-93 APPENDIX A105. Grievance Procedures ................. A10501 A106. Subdivision of Land ................... A10601 A107. Police Department Rules and Regulations ........................... A10701 A108. Highway Specifications ................ A10801 INDEX �J X11 9-25-93 FLOOD DAMAGE. PREVENTION Chapter 46 FLOOD DAMAGE PREVENTION § 46-1. Findings. • § 46-2. Purpose. § 46-3. Objectives. § 46-4. Definitions. § 46-5. Applicability. § 46-6. Basis for establishing areas of special flood hazard. § 46-7. Interpretation; conflict with other laws. § 46-8. Severability. § 46-9. Penalties for offenses. § 46-10. Warning and disclaimer of liability. § 46-11. Designation of local administrator. § 46-12. Floodplain development permit; fees; deposit. § 46-13. Application for permit. § 46-14. Duties and responsibilities of local administra- tor. § 46-15. General standards. § 46-16. Standards for all structures. § 46-17. Residential structures (except coastal high - • hazard areas). § 46-18. Residential structures (coastal high -hazard areas). § 46-19. Nonresidential structures (except coastal high -hazard areas). ' 4601 9-25-93 § 46-1 SOUTHOLD CODE § 46-2 § 46-20. Nonresidential structures (coastal high -hazard areas). § 46-21. Manufactured homes and recreational vehicles. § 46-22. Appeals board. § 46-23. Conditions for variances. • [HISTORY: Adopted by the Town Board of the Town of Southold 8-10-1993 as L.L. No. 16-1993.1 Amendments noted where applicable.] GENERAL REFERENCES Coastal erosion hazard areas — See Ch. 37. Uniform Fire Prevention and Building Code — See Ch. 46. Wetlands — See Ch. 97. Zoning —See Ch. 100. Subdivision of land — See Ch. A106. § 46-1. Findings. The Town Board of the Town of Southold finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Southold and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted. § 46-2. Purpose. • It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private 1 Editor's Note: This local law also repealed former Ch. 46, Flood Damage Prevention, adopted 6-2-1987 as L.L. No. 9-1987, as amended 4602 9-25-93 § 46-2 FLOOD DAMAGE PREVENTION § 46-3 losses due to flood conditions in specific areas by provisions designed to: A. Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities. • B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. C. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters. D. Control filling, grading, dredging and other development which may increase erosion or flood damages. E. Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. F. Qualify for and maintain participation in the National Flood Insurance Program. § 46-3. Objectives. The objectives of this chapter are to: A. Protect human life and health. B. Minimize expenditure of public money for costly flood - control projects. C. Minimize the need for rescue and relief efforts associated • with flooding and generally undertaken at the expense of the general public. D. Minimize prolonged business interruptions. E. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, 4603 9-25-93 § 46-3 SOUTHOLD CODE § 46-4 streets and bridges located in areas of special flood hazard. F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas. G. Provide that developers are notified that property is in an area of special flood hazard. • H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. § 46-4. Definitions. A. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. B. As used in this chapter, the following terms shall have the meanings indicated: APPEAL — A request for a review of the local adminis- trator's interpretation of any provision of this chapter or a request for a variance. AREA OF SHALLOW FLOODING — A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one -percent or greater annual chance of flooding to an average annual depth of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD — The land in • the floodplain within a community subject to a one - percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, Al – A30, A99, V, VO, VE or Vl – V3O. It is also commonly referred to as the "base floodplain" or "one -hundred -year floodplain." 4604 9-25-93 § 46-4 FLOOD DAMAGE PREVENTION § 46-4 BASE FLOOD — The flood having a one -percent chance of being equaled or exceeded in any given year. BASEMENT — That portion of a building having its floor subgrade (below ground level) on all sides. BREAKAWAY WALL — A wall that is not part of the structural support of the building and is intended • through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. BUILDING — See "structure." CELLAR — The same meaning as "basement." COASTAL HIGH -HAZARD AREA — An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high -velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone Vl – V30, VE, VO or V. . DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING — A nonbasement building built, in the case of a building in Zone Al – A30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor or, in the case of a building in Zone Vl – 30, VE or V, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above • the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zone Al – A30, AE, A, A99, AO, AH, B, C, X or D, "elevated building" also includes a building elevated by means of 4605 9-25-93 § 464 SOUTHOLD CODE § 46-4 fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zone V1 – V30, VE or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls that meet the federal standards. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads). FEDERAL EMERGENCY MANAGEMENT AGENCY — The federal agency that administers the National Flood Insurance Program. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) — An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The "FBFM" delineates a regulatory floodway along • watercourses studied in detail in the Flood Insurance Study. FLOOD ELEVATION STUDY — An examination, evaluation ,and determination of the flood hazards and, if appropriate, corresponding water surface elevations or 4606 9-25-93 § 46-4 FLOOD DAMAGE PREVENTION § 46-4 an examination, evaluation and determination of flood - related erosion hazards. FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of • surface waters from any source. "Flood" or "floodings' also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in "flooding" as defined above. FLOOD HAZARD BOUNDARY MAP (FHBM) — An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. FLOOD INSURANCE RATE MAP (FIRM) — An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY — See "flood elevation study." FLOODPLAIN or FLOOD -PRONE AREA — Any land • area susceptible to being inundated by water from any source (see definition of "flooding"). FLOODPROOFING — Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to 4607 9-25-93 § 46-4 SOUTHOLD CODE § 46-4 real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY — The same meaning as "regulatory floodway." FUNCTIONALLY DEPENDENT USE — A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a • docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair facilities. The term does not include long-term storage, manufacturing, sales or service facilities. HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. HISTORIC STRUCTURE — Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Depart- ment of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or • (4) Individually listed on a state inventory of historic places in states with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the 4608 9-25-93 § 46-4 FLOOD DAMAGE PREVENTION § 46-4 Interior or directly by the Secretary of the Interior in states without approved programs. LOCAL ADMINISTRATOR — The person appointed by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person is often the • Code Enforcement Officer, the Building Inspector or an employee of an engineering department. LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood -resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. MANUFACTURED HOME — A structure, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle. MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. MEAN SEA LEVEL — For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. • MOBILE HOME — The same meaning as "manufactured home." NATIONAL GEODETIC VERTICAL DATUM (NGVD)" — As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain. 4609 9-25-93 § 46-4 SOUTHOLD CODE § 46-4 NEW CONSTRUCTION — Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure. NEW MANUFACTURED HOME PARK OR SUBDIVISION— A manufactured home park or • subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. ONE -HUNDRED -YEAR FLOOD — The same meaning as "base flood." PRIMARY FRONTAL DUNE — A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. PRINCIPALLY ABOVE GROUND — At least fifty-one percent (51%) of the actual cash value of the structure, excluding land value, is above ground. RECREATIONAL VEHICLE A vehicle which is: (1) Built on a single chassis; (2) Four hundred (400) square feet or less when • measured at the largest horizontal projections; (3) Designed to be self-propelled or permanently towable by a light-duty truck; and 4610 9-25-93 § 46-4 FLOOD DAMAGE PREVENTION § 46-4 (4) Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel. or seasonal use. REGULATORY FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without • cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 46-12 of this chapter. SAND DUNES — Naturally occurring accumulations of sand in ridges or mounds landward of the beach. START OF CONSTRUCTION — Includes substantial improvement and means the, initiation, excluding planning and design, of any phase of a project or physical alteration of the property, and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of temporary forms. It also includes the placement and/or installation on the , property of accessory buildings (garages, sheds), storage trailers and building materials. For manufactured homes, the "actual start" means the affixing of the manufactured home to its permanent site. STRUCTURE — A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure whereby the cost of restoring • any structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT — Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty 4611 9-25-93 § 46-4 SOUTHOLD CODE § 46-6 percent (50%) of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, • sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. VARIANCE — A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter. § 46-5. Applicability. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Southold. § 46-6. Basis for establishing areas of special flood hazard. A. The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency: (1) Flood Insurance Rate Map (multiple panels) Index • No. 360813 0001— 0120, whose effective date is August 16, 1993. (2) A scientific and engineering report entitled "Flood Insurance Study, Town of Southold, New York, Suffolk County," dated August 16, 1993. 4612 9-25-93 § 46-6 FLOOD DAMAGE PREVENTION § 46-9 B. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at the office of the Town Clerk. § 46-7. Interpretation; conflict with other laws. • A. This chapter includes all revisions to the National Flood Insurance Program through November 1, 1989, and shall supersede all previous laws adopted for the purpose of flood damage prevention. B. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standards shall govern. § 46-8. Severability. The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. § 46-9. Penalties for offenses. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. • Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than two hundred fifty dollars ($250.) or imprisoned for not 4613 9-25-93 § 46-9 SOUTHOLD CODE § 46-12 more than fifteen (15) days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Southold from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received on approved variance under §§ 46-22 and 46-23 will be declared noncompliant and • notification sent to the Federal Emergency Management Agency. § 46-10. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Southold, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance 'on this chapter or any administrative decision lawfully made thereunder. § 46-11. Designation of local administrator. The Building Inspector is hereby appointed local administra- tor to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions. • § 46-12. Floodplain development permit; fees; deposit. A. Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this 4614 9-25-93 § 46-12 FLOOD DAMAGE PREVENTION § 46-13 community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 46-6, without a valid floodplain • development permit. Application for a permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing. B. Fees. All applications for a floodplain development permit shall be accompanied by an application fee of one hundred dollars ($100.). In addition, the applicant shall be responsible for reimbursing the Town of Southold for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than five hundred dollars ($500.) to cover these additional costs. § 46-13. Application for permit. The applicant shall provide at least the following information, where applicable. Additional information may be required on the permit application form. A. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zone • A1— A3O, AE or AH or in Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as -built elevation, certified by a licensed professional engineer or surveyor. 4615 9-25-93 § 46-13 SOUTHOLD CODE § 46-13 B. The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of any new or substantially improved structure to be located in Zone V1— V30 or VE or in Zone V if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as - built elevation, certified by a licensed professional • engineer or surveyor. C. The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as -built floodproofed elevation, certified by a professional engineer or surveyor. D. A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 46-16C, Utilities. E. A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 46-19, Nonresidential structures (except coastal high -hazard areas). F. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or • other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 46-6, when notified by the local admin- istrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also 4616 9-25-93 iFa�� M1 �.:3.FaL�Y';�� '.tt ✓RFv w��_`i� n'{F'WiT�� § 46-13 FLOOD DAMAGE PREVENTION § 46-13 provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. G. A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to • any other property. H. In Zone A, when no base flood elevation data are available from other sources, base flood elevation data for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either fifty (50) lots or five (5) acres. I. In Zones V1 — V30 and VE and also in Zone V if base flood elevation data are available, designs and specifica- tions, certified by a licensed professional engineer or architect, for any breakaway walls in a proposed structure with design strengths in excess of twenty (20) pounds per square foot. J. In Zones V1 — V30 and VE and also in Zone V if base flood elevation data are available, for all new and substantial improvements to structures, design plans and specifications prepared in sufficient detail to enable independent review of the foundation support and connection components. Said plans and specifications shall be developed or reviewed by a licensed professional engineer or architect and shall be accompanied by a statement, bearing the signature of the architect or engineer, certifying that the design and methods of • construction to be used are in accordance with accepted standards of practice and with all applicable provisions of this chapter. 4617 9-25-93 § 46-14 SOUTHOLD CODE § 46-14 § 46-14. Duties and responsibilities of local administra- tor. Duties of the local administrator shall include but not be limited to the following- A. ollowing A. Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit. The local ad- ministrator shall: (1) Review all .applications for completeness, particularly with the requirements of § 46-13, Application for permit, and for compliance with the provisions and standards of this chapter. (2) Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of §§ 46-15 through 46-21, construction standards, and, in particular, § 46-15B, Subdivision proposals. (3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local ad- ministrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of §§ 46-15 through 46-21, no permit shall be issued. • The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application. 4618 9-25-93 :y.rrp�;:e:'e`�:r.�ratEisyj,a •..��C;�"rit"sa�aavac; ��;'. § 46-14 FLOOD DAMAGE PREVENTION § 46-14 (4) Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law. B. Use of other flood data. (1) When the Federal Emergency Management Agency has designated areas of special flood hazard on the • community's Flood Insurance Rate Map (FIRM) but has neither, produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local adminis- trator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 46-13H, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter. (2) When base flood elevation data are not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard for the purposes of this chapter. C. Alteration of watercourses. The local administrator shall: (1) Notify adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Region II, is Federal Emergency Management Agency. (2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood -carrying capacity is not diminished. D. Construction stage. 4619 9-25-93 § 46-14 SOUTHOLD CODE § 46-14 (1) In Zones Al — A30, AE and AH and also in Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, the local administrator shall obtain from the permit holder a certification of the as -built elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The certificate shall be • prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for one hundred eighty (180) consecutive days or longer (unless it is fully licensed and ready for highway use). (2) In Zones Vl — V30 and VE and also in Zone V if base flood elevation data are available, upon placement of the lowest floor of a new or substantially improved structure, the permit holder shall submit to the local administrator a certificate of elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns). For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. An elevation certificate must also be submitted for a recreational vehicle if it remains on a site one hundred eighty (180) consecutive days or longer (unless it is fully licensed and ready for highway use). • (3) Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected 4620 9-25-93 § 46-14 FLOOD DAMAGE PREVENTION § 46-14 shall be cause to issue- a stop -work order for the project unless immediately corrected. E. Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with • permit conditions and to enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. F. Stop -work orders. (1) The local administrator shall issue or cause to be issued a stop -work order for any floodplain development found ongoing without a development permit. Disregard of a stop -work order shall subject the violator to the penalties described in § 46-9 of this chapter. • (2) The local administrator shall issue or cause to be issued a stop -work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop -work order shall subject the violator of the penalties described in § 46-9 of this chapter. G. Certificate of compliance. (1) In areas of special flood hazard, as determined by documents enumerated in § 46-6, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof • hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter. 4621 9-25-93 § 46-14 SOUTHOLD CODE § 46-15 0 (2) A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard. (3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in Subsection E, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. H. Information to be retained. The local administrator shall retain and make available for inspection copies of the following: (1) Floodplain development permits and certificates of compliance. (2) Certifications of as -built lowest floor elevations of structures required pursuant to Subsection D(1) and (2) and whether or not the structures contain a basement. (3) Floodproofing certificates required pursuant to Subsection D(1) and whether or not the structures contain a basement. (4) Certifications required pursuant to § 46-18N, Breakaway wall design standards, and Subsection J of § 46-13, Application for permit. (5) Variances issued pursuant to §§ 46-22 and 46-23. (6) Notices required under Subsection C, Alteration of watercourses. § 46-15. General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 46-6. 4622 9-25-93 -T • C7 • (1) Proposals shall be consistent with the need to minimize flood damage; (2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and (3) Adequate drainage shall be provided to reduce exposure to flood damage. C. Encroachments. (1) Within Zones Al — A30 and AE, on streams without a regulatory floodway, no new construction, • substantial improvements or other development (including fill) shall be permitted unless: (a) The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the 4623 9-25-93 § 46-15 FLOOD DAMAGE PREVENTION § 46-15 A. Coastal high -hazard areas. The following requirements apply within Zones V1— V30, VE and V: (1) All new construction, including manufactured homes and irecreational vehicles on site one hundred eighty (1801) days or longer and not fully licensed for highway use, shall be located landward of the reach of high tided ` (2) The use ofl fill for structural support of buildings, manufactured homes or recreational vehicles on site one hund ed eighty (180) days or longer is prohibited., I (3) Man-made 'alteration of sand dunes which would increase potential flood damage is prohibited. B. Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions): (1) Proposals shall be consistent with the need to minimize flood damage; (2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and (3) Adequate drainage shall be provided to reduce exposure to flood damage. C. Encroachments. (1) Within Zones Al — A30 and AE, on streams without a regulatory floodway, no new construction, • substantial improvements or other development (including fill) shall be permitted unless: (a) The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the 4623 9-25-93 i § 46-15 SOUTHOLD CODE § 46-15 - water surface elevation of the base flood more than one (1) foot at any location; or (b) The Town of Southold agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Southold for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Southold for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 46-6, no new construction, substantial improvements or other developments in the floodway (including fill) shall be permitted unless: (a) A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or (b) The Town of Southold agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Southold for all fees and other costs in relation • to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Southold for all costs related to the final map revisions. 4624 9-25-93 § 46-16 . FLOOD DAMAGE PREVENTION § 46-16 § 46-16. Standards for all structures. A. Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. B. Construction materials and methods. (1) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. (2) New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. (3) For enclosed areas below the lowest floor of a structure within Zones Al — A30, AE or AH and also in Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two (2) openings having a total • net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all such openings shall be no higher than one (1) foot above the lowest adjacent finished grade. 4625 9-25-93 § 46-16 SOUTHOLD CODE § 46-16 (c) Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. (4) Within Zones V1— V30 and VE and also within Zone V if base flood elevation are available, new construction and substantial improvements shall have the space below the lowest floor either free from obstruction or constructed with nonsupporting breakaway walls, open, wood lattice -work or insect screening intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. The enclosed space below the lowest floor shall be used only for parking vehicles, building access or storage. Use of this space for human habitation is expressly prohibited. The construction of stairs, stairwells and elevator shafts are subject to the design requirements for breakaway walls. C. Utilities. (1) Machinery and equipment servicing a building must either be elevated to or above the base flood level or designed to prevent water from entering or accumulating within the components_ during a flood. This includes heating, ventilating, and air- conditioning equipment, hot-water heaters, appliances, elevator lift machinery and electrical junction and circuit breaker boxes. When located below the base flood elevation, a professional engineer's or architect's certification of the design is required. • (2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of 4626 9-25-93 �'T.^s,':;9�xiS�43;if�N�,fS § 46-16 FLOOD DAMAGE PREVENTION § 46-17 floodwaters: Sanitary" sewer and storm drainage systems for buildings that have openings below the base flood elevation .shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall. • (4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. § 46-17. Residential structures (except coastal high - hazard areas). A. Elevation. The following standards, in addition to the standards in § 46-155, Subdivision proposals, and § 46-15C, Encroachments, and § 46-16, Standards for all structures, apply to structures located in areas of special flood hazard as indicated: (1) Within Zones Al — A30, AE and AH and also in Zone _ A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above the base flood level. (2) Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three (3) feet above the highest adjacent grade. (3) Within Zone AO, new and substantially improved structures shall have the lowest floor (including • basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 46-6 [at least two (2) feet if no depth number is specified]. 4627 9-25-93 § 46-17 SOUTHOLD CODE § 46-18 (4) Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. § 46-18. Residential structures (coastal high -hazard areas). The following standards, in addition to the standards in Is § 46-15A, Coastal high -hazard areas, and § 46-15B, Subdivision proposals, and § 46-16, Standards for all structures, apply to structures located in areas of special flood hazard shown as Zone V1 — V30, VE or V on the community's Flood Insurance Rate Map designated in § 46-6: A. Elevation. New construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural member supporting the lowest elevated floor (excluding columns, piles, diagonal bracing attached to the piles or columns, grade beams, pile caps and other members designed to either withstand storm action or break away without imparting damaging loads to the structure) is elevated to or above the level of the base flood so as not to impede the flow of water. B. Determination of loading forces. Structural design shall consider the effects of wind and water loads acting simultaneously during the base flood on all building components. (1) The structural design shall be adequate to resist water forces that would occur during the base flood. Horizontal water loads considered shall include inertial and drag forces of waves, current drag forces • and impact forces from waterborne storm debris. Dynamic uplift loads shall also be considered if bulkheads, walls or other natural or man-made flow obstructions could cause wave rump beyond the elevation of the base flood. 4628 9-25-93 4629 9-25-93 § 46-18 FLOOD DAMAGE PREVENTION § 46-18 (2) Buildings shall be designed and constructed to resist the forces due to wind pressure. Wind forces on the superstructure include windward and leeward forces on vertical walls, uplift on the roof, internal forces when openings allow wind to enter the house and upward force on the underside of the house when it is exposed. In the design, the wind should be ® assumed to blow potentially from any lateral direction relative to the house. (3) Wind -loading values used shall be those required by the building code. C. Foundation standards. (1) The pilings or column foundation and structure attached thereto shall be adequately anchored to resist flotation, collapse or lateral movement due to the effects of wind and water pressures acting simultaneously on all building components. Foundations must be designed to transfer safely to - the underlying soil all loads due to wind, water, dead load, live load and other loads (including uplift due to wind and water). (2) Spread footings and fill material shall not be used for structural support of a new building or substantial improvement of an existing structure. D. Pile foundation design. (1) The design ratio of pile spacing to pile diameter shall not be less than eight to one (8:1) for individual piles (this shall not apply to pile clusters located below the design grade). The maximum center -to -center spacing of wood piles shall not be more than twelve (12) feet on center under load- bearing sills, beams or girders. (2) Pilings shall have adequate soil penetration (bearing capacity) to resist the combined wave and wind loads (lateral and uplift) associated with the base flood action simultaneously with typical 4629 9-25-93 § 46-18 SOUTHOLD CODE § 46-18 structure (live and dead) loads and shall include consideration of decreased resistance capacity caused by' erosion of soil strata surrounding the piles. The minimum penetration for foundation piles is to an elevation of five (5) feet below mean sea level (msl) datum if the BFE is +10 msl or less or at least ten (10) feet below msl if the BFE is greater than +10 msl. (3) Pile foundation analysis shall also include consideration of piles in column action from the bottom of the structure to the stable soil elevation of the site. Pilings may be horizontally or diagonally braced to withstand wind and water forces. (4) The minimum acceptable sizes for timber piles are a tip diameter of eight (8) inches for round timber piles and eight by eight (8 x 8) inches for square timber piles. All wood piles must be treated in accordance with requirements of EPEE -C3 to minimize decay and damage from fungus. (5) Reinforced concrete piles shall be cast of concrete having a twenty -eight-day ultimate compressive strength of not less than five thousand (5,000) pounds per square inch and shall be reinforced with a minimum of four (4) longitudinal steel bars having a combined area of not less than one percent (1%) nor more than four percent (4%) of the gross concrete area. Reinforcing for precast piles shall have a concrete cover of not less than one and one- fourth (11/4) inches for No. 5 bars and smaller and not less than one and one-half (11/2) inches for No. 6 through No. 11 bars. Reinforcement for piles cast in the field shall have a concrete cover of not less than • twenty-one (21) inches. (6) Piles shall be driven by means of a pile driver or drop hammer or jetted or augered into place. 4630 9-25-93 § 46-18 FLOOD DAMAGE. PREVENTION § 46-18 (7) Additional 'support for' piles in the form of bracing may include lateral or diagonal bracing between piles. (8) When necessary, piles shall be braced at the ground line in both directions by a wood timber grade beam or a reinforced concrete grade beam. These at -grade • supports should be securely attached to the piles to provide support even if scoured from beneath. (9) Diagonal bracing between piles, consisting of two- inch by eight -inch (minimum) members bolted to the piles, shall be limited in location to below the lowest supporting structural member and above the stable soil elevation and aligned in the vertical plane along pile rows perpendicular to the shoreline. Galvanized steel rods [minimum diameter one-half (1/2) inch] or cable -type bracing is permitted in any plane. (10) Knee braces, which stiffen both the upper portion of a pile and the beam -to -pile connection, may be used i along pile rows perpendicular and parallel to the shoreline. Knee braces shall be two -by -eight lumber bolted to the sides of the pile/beam or four-by-four or larger braces framed into the pile/beam. Bolting shall consist of two (2) five-eighths (5/8) inch galvanized steel bolts (each end) for two -by -eight members or one (1) five-eighths (5/8) inch lag bolt (each end) for square members. Knee braces shall not extend more than three (3) feet below the elevation of the base flood. E. Column foundation design. Masonry piers or poured -in- place concrete piers shall be internally reinforced to • resist vertical and lateral loads and be connected with a movement -resisting connection to a pile cap or tile shaft. F. Connectors and fasteners. Galvanized metal connectors, wood connectors or bolts of size and number adequate for the calculated loads must be used to connect adjoining components of a structure. Toe nailing as a principal method of connection is not permitted. All metal 4631 9-25-93 § 46-18 SOUTHOLD CODE I § 46-18 connectors and fasteners used in exposed locations shall be steel, hot -dipped galvanized after fabrication. Connectors in protected interior locations shall be fabricated from galvanized sheet. G. Beam to pile connections. The primary floor beams or girders shall span the supports in the direction parallel to the flow of potential floodwater and wave action and • shall be fastened to the columns or pilings by bolting, with or without cover plates. Concrete members shall be connected by reinforcement, if cast in place, or (if precast) shall be securely connected by bolting and welding. If sills, beams or girders are attached to wood piling at a notch, a minimum of two (2) five-eighths (5/8) inch galvanized steel bolts or two (2) hot -dipped galvanized straps three -sixteenths (3/16) inch by four (4) inches by eighteen (18) inches, each bolted with two (2) one-half (1/2) inch lag bolts per beam member, shall be used. Notching of pile tops shall be the minimum sufficient to provide ledge support for beam members without unduly weakening pile connections. Piling shall not be notched so that the cross section is reduced below fifty percent (50%). H. Floor and deck connections. (1) Wood two -by -four -inch (minimum) connectors or metal joist anchors shall be used to tie floor joists to floor beams/girders. These should be installed on alternate floor joists, at a minimum. Cross bridging of all floor joists shall be provided. Such cross bridging may be one -by -three-inch members, placed eight (8) feet on center, maximum, or solid bridging of the same depth as the joists at the same spacing. (2) Plywood should be used for subflooring and attic • flooring to provide good torsional resistance in the horizontal plane of the structure. The plywood should not be less than three-fourths (3/4) inch total thickness and should be exterior grade and fastened to beams or joists with 8d annular or spiral thread 4632 9-25-93 •.yY� v95b�'t`v4,hrjx.F;°°..e�iut � z:Y;a'Pv'.`t;�im'1.#,a'ri2�s�.' § 46-18 FLOOD DAMAGE PREVENTION § 46-18 galvanized nails. Such fastening shall be supplemented by the application of waterproof industrial adhesive applied to all bearing surfaces. I. Exterior wall connections. All bottom plates shall have any required breaks under a wall stud or an anchor bolt. Approved anchors will be used to secure rafters or joists • and top and bottom plates to studs in exterior and bearing walls to form a continuous tie. Continuous fifteen -thirty -seconds -inch or thicker plywood sheathing, overlapping the top wall plate and continuing down to the sill, beam or girder, may be used to provide the continuous tie. If the sheets of plywood are not vertically continuous, then two-by-four nailer blocking shall be provided at all horizontal joints. In lieu of the plywood, galvanized steel rods of one-half (1/2) inch diameter or galvanized steel straps not less than one (1) inch wide by one -sixteenth (1/16) inch thick may be used to connect from the top wall plate to the sill, beam, or girder. Washers with a minimum diameter of three (3) inches shall be used at each end of the one-half (1/2) inch round _ rods. These anchors shall be installed no more than two (2) feet from each corner rod, no more than four (4) feet on center. J. Ceiling joist/rafter connections. (1) All ceiling joists or rafters shall be installed in such a manner that the joists provide a continuous tie across the rafters. Ceiling joists and rafters shall be securely fastened at their intersections. A metal or wood connector shall be used at alternate ceiling joist/rafter connections to the wall top plate. (2) Gable roofs shall be additionally stabilized by • installing one -by -four blocking on two -foot centers between the rafters at each gable end. Blocking shall be installed a minimum of eight (8) feet toward the house interior from each gable end. K. Projecting members. All cantilevers and other projecting members must be adequately supported and braced to 4633 9-25-93 § 46-18 SOUTHOLD CODE § 46-18 withstand wind and water uplift forces. Roof eave overhangs shall be limited to a maximum of two (2) feet and joist overhangs to a maximum of one (1) foot. Larger overhangs and porches will be permitted if designed or reviewed by a registered professional engineer or architect and certified in accordance with § 46-13J of this chapter. L. Roof sheathing. • (1) Plywood or other wood material, when used as roof sheathing, shall not be less than fifteen -thirty- seconds (1532) inch in thickness and shall be of exterior sheathing grade or equivalent. All attaching devices for sheathing and roof coverings shall be galvanized or be of other suitable corrosion -resistant material. (2) All corners, gable ends and roof overhangs exceeding six (6) inches shall be reinforced by the application of waterproof industrial adhesive applied to all bearing surfaces of any plywood sheet used in the sheathing of such corner, gable end or roof overhang. (3) In addition, roofs should be sloped as steeply as practicable to reduce uplift pressures, and special care should be used in securing ridges, hips, valleys, eaves, vents, chimneys and other points of discontinuity in the roofing surface. M. Protection of openings. All exterior glass panels, windows and doors shall be designed, detailed and constructed to withstand loads due to the design wind speed of seventy-five (75) miles per hour. Connections for these elements must be designed to transfer safely the • design loads to the supporting structure. Panel widths of multiple panel sliding glass doors shall not exceed three (3) feet. N. Breakaway wall design standards. 4634 9-25-93 F 5'" - r,:�•p.�. :ar:+r . ,r,,+,t�r,:r4l." ,.cr ,��. § 46-18 FLOOD DAMAGE PREVENTION § 46-19 (1) The breakaway wall shall have a design safe -loading resistance of not less than ten (10) and not more than twenty (20) pounds per square foot, with the criterion that the safety of the overall structure at the point of wall failure shall be confirmed using established procedures. Grade beams shall be installed in both directions for all. piles considered to • carry the breakaway wall load. Knee braces are required for front row piles that support breakaway walls. (2) Use of breakaway wall strengths in excess of twenty (20) pounds per square foot shall not be permitted unless a registered professional engineer or architect has developed or reviewed the structural design and specifications for the building foundation and breakaway wall components and certifies that breakaway walls will fail under water loads less than those that would occur during the base flood and that the elevated portion of the building and supporting foundation system will not be subject to collapse, displacement or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood. Wind loading values shall be those required by the building code. § 46-19. Nonresidential structures (except coastal high - hazard areas). The following standards apply to new and substantially toimproved commercial, industrial and other nonresidential structures, in addition to the requirements in § 46-15B, Subdivision proposals, and § 46-15C, Encroachments, and § 46-16, Standards for all structures. A. Within Zones Al — A30, AE and AH and also in Zone A if base flood elevation data are available, new construction 4635 9-25-93 § 46-19 SOUTHOLD CODE § 46-19 and substantial improvements of any nonresidential structure, together with attendant .utility and sanitary facilities, shall either: (1) Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or (2) Be floodproofed so that the structure is watertight below the base flood level with walls substantially • impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. B. Within Zone AO, new construction and substantial improvements of nonresidential structures shall: (1) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM [at least two (2) feet if no depth number is specified]; or (2) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in Subsection A(2). C. If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design., specifications and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection A(2), • including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. D. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. 4636 9-25-93 § 46-19 FLOOD DAMAGE PREVENTION § 46-21 E. Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three (3) feet above the highest adjacent grade. § 46-20. Nonresidential structures (coastal high -hazard areas). In Zones Vl — V30 and VE and also in Zone V if base flood elevations are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall have the bottom of the lowest member of the lowest floor elevated to or above the base flood elevation. Floodproofing of structures is not an allowable alternative to elevating the lowest floor to the base flood elevation in Zones V1— V30, VE and V. § 46-21. Manufactured homes and recreational vehicles. (� The following standards, in addition to the standards in § 46-15, General standards, and § 46-16, Standards for all structures, apply in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. A. Recreational vehicles. (1) Recreational vehicles placed on sites within Zones Al — A30, AE, AH, V1— V30, V and VE shall either: (a) Be on site fewer than one hundred eighty (180) consecutive days; • (b) Be fully licensed and ready for highway use; or (c) Meet the requirements for manufactured homes in Subsections B, D and E. (2) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick -disconnect -type utilities and 4637 9-25-93 § 46-21 SOUTHOLD CODE § 46-21 security devices and has no permanently attached additions. B. A manufactured home that is placed or substantially improved in Zones Al — A30, AE, AH, Vl — V30 or VE that is on a site either outside of an existing manufactured home park or subdivision, as herein defined; in a new manufactured home park or • subdivision, as herein defined; in an expansion to an existing manufactured home park or subdivision, as herein defined; or in an existing manufactured home park or subdivision, as herein defined, on which a manufactured home has incurred substantial damage as the result of a flood shall, within Zones Al — A30, AE and AH, be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement or, within Zones Vl — V30 and VE, be elevated on a pile foundation such that the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) is elevated to or above the base flood elevation and securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Methods of anchoring may include but are not limited to use of over -the -top or frame ties to ground anchors. C. A manufactured home to be placed or substantially improved in Zone Al — A30, AE, AH, Vl — V30 ,or VE in an existing manufactured home park or subdivision that is not to be placed on a site on which a manufactured home has incurred substantial damage shall be: • (1) Elevated in a manner such as required in Subsection B; or (2) Elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no 4638 9-25-93 § 46-21 FLOOD DAMAGE PREVENTION § 46-22 less than thirty-six (36) inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. D. Within Zone Z or V, when no base flood elevation data • are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. E. Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth _ number specified on the Flood Insurance Rate Map ( enumerated in § 46-6 [at least two (2) feet if no depth _ number is specified]. Elevation on piers consisting of dry stacked blocks is prohibited. § 46-22. Appeals board. A. The Zoning Board of Appeals, as established by the Town of Southold, shall hear and decide appeals and requests for variances from the requirements of this chapter. B. The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any • requirement, decision or determination made by the local administrator in -the enforcement or administration of this chapter. C. Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. 4639 9-25-93 § 46-22 SOUTHOLD CODE § 46-22 D. In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: (1) The danger that materials may be swept onto other lands to the injury of others. (2) The danger to life and property due to flooding or • erosion damage. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (4) The importance of the services provided by the proposed facility to the community. (5) The necessity to the facility of a waterfront location, where applicable. (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. (7) The compatibility of the proposed use with existing and anticipated development. (8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. (10) The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding. • (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. 4640 9-25-93 § 46-22 FLOOD DAMAGE PREVENTION § 46-23 (12) The costs of providing governmental services during and after flood conditions, including search and rescue operations and maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.: E. Upon consideration of the factors of Subsection D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. F. The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request. ° § 46-23. Conditions for variances. A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that § 46-21D has been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the repair or rehabilitation of historic structures upon determination that: (1) The proposed repair or rehabilitation will not preclude the structure's continued designation as an • historic structure. (2) The variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances may be issued by a community for new construction and substantial improvements and for other 4641 9-25-93 § 46-23 SOUTHOLD CODE § 46-23 development necessary for the conduct of a functionally dependent use, provided that: (1) The criteria of Subsections A, D, E and F of this section are met. (2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. D. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. E. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. F. Variances shall only be issued upon receiving written justification of: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances or cause fraud on or victimization of the public or conflict with existing local laws or ordinances. G. Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written _notice over the signature • of a community official that the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor elevation. 4642 9-25-93 § 72-1 RECORDS MANAGEMENT § 72-1 Chapter 72 RECORDS MANAGEMENT § 72-1. Intent. § 72-2. Program established; designation of records management officer. § 72-3. Definitions. § 72-4. Powers and duties of records management officer. § 72-5. . Records Advisory Board. § 72-6. Custody and control of records. § 72-7. Disposition of records. [HISTORY: Adopted by the Town Board of the Town of Southold 8-10-1993 as L.L. No. 15-1993. Amendments noted where applicable.] GENERAL REFERENCES Public access to records — See Ch. M § 72-1. Intent. Records are essential to the administration of local govern- ment. They contain. the information that keeps government programs functioning. It is the intent of this chapter that a • records management program be established which will assist officials in making decisions, administering programs and providing administrative continuity with past operations. The program would be intended to document delivery services, show the legal responsibilities of government and protect the legal rights of citizens. It will contain information on taxation and on the management and expenditure of funds. These records will 7201 9-25-93 § 72-1 SOUTHOLD CODE § 72-3 also document the historical document of government itself, the community and the people of the town. § 72-2. Program established; designation of records management officer. There shall be a records management program established • under the aegis of the Town Clerk and headed by a records management officer. The Town Clerk is designated as the records management officer and will be responsible for administering the current and archived public records in storage areas for the town in accordance with local, state and federal laws and guidelines. § 72-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ARCHIVES — Those official records which have been determined by the officer and advisory committee to have sufficient historical or other value to warrant the continued preservation by the town. RECORDS — Official files, minutes and documents, books, papers, photographs, sound recordings, microforms or any other materials, regardless of physical form or characteristics, made or received pursuant to law or in conjunction with the transaction of official town business. RECORDS CENTER — An establishment maintained by the records management officer for the storage, servicing, security and processing of records which must be preserved for varying periods of time. RECORDS DISPOSITION — The removal by the town, in accordance with approved records control schedules, of records no longer necessary for the conduct of business by such agency through removal methods which may 7202 9-25-93 § 72-3 RECORDS MANAGEMENT § 72-4 include the disposition of temporary records by destruction or donation or the transfer of records to a central storage facility for temporary or permanent storage of records determined to have historical or other sufficient value warranting continued preservation or the transfer of records from one town agency to another town agency. • RECORDS MANAGEMENT — The planning, controlling, directing, organizing, training, promotion and other managerial activities involved in records creation, records maintenance and use and records disposition, including records preservation, records disposal and the records center or other storage facilities. SERVICING — Making information in records available to any agency for official use or to the public. § 72-4. Powers and duties of records management officer. The records management officer shall have all the necessary powers to carry out the efficient administration, determination of value, use, preservation, storage and disposition of the public records kept, filed or received by the officers and departments of the town. A. The records management officer shall continually survey and examine public records to recommend their classification so as to determine the most suitable method to be used for the maintaining, storing and servicing of the following - (1) Obsolete and unnecessary records according to the New York State Records Retention and Disposition • Schedules, thereby subject to disposition; (2) Information containing administrative, legal, fiscal, research, historical or educational value which warrants its permanent retention; or (3) Records not subject to disposition according to state law. 7203 9-25-93 § 72-4 SOUTHOLD CODE § 72-5 B. The records management officer shall establish guidelines for proper records management in any depart- ment of the town government in accordance with local, state and federal laws and guidelines. C. The records management officer shall operate a central records management storage facility for storage, processing and servicing of all town records for all town • departments and agencies. D. Additional requirements of the records management officer will include but are not limited to: (1) The development of a comprehensive records management program. (2) The conduct of an initial survey and analysis of all records. (3) The encouragement and coordination of the continuous legal destruction of obsolete records through the adoption and use of the state archive record retention and distribution schedules. (4) The development and a suitable retention period for records not covered by the New York State Records Retention and Distribution Schedules. (5) The assistance to each department for the establish- ment of a records management system to support the overall town records management program. (6) The setting up and overseeing of a center for the storage of inactive records. (7) The coordinating and carrying out or participating in the planning for development of advanced records management systems and equipment. • § 72-5. Records Advisory Board. There shall be a Records Advisory Board designated to work closely with and provide advice to the records management 7204 9-25-93 f � § 72-5 RECORDS MANAGEMENT § 72-7 officer. The Board shall consist of the Town Historian, a member of the Town Board selected by the Supervisor, the Town Accountant and a department head. The Board shall meet periodically and have the following duties: A. To provide advice to the records management officer on the development of the records management program. is B. To review the performance of the program on an ongoing basis and to propose changes and improvements. C. To review retention periods proposed by the records management officer for records not covered by the state archive schedules. D. To provide advice on the appraisal of records for archival value and to be the final sign -off entity as to what is or is not archival. § 72-6. Custody and control of records. The records management officer shall maintain physical custody and the official responsibility for all records. Depart- ment heads shall retain constructive control and authority over all department records. § 72-7. Disposition of records. No records shall be destroyed or otherwise disposed of by a department of the town unless approval has been obtained from the records management officer. No records shall be destroyed or otherwise disposed of by the records management officer without the express written consent of the department head • having authority. . 7205 9-25-93 • § 92-43 VEHICLES AND TRAFFIC § 92-43 Name of Street Side Duck Pond Road East [Added 7-2-1985 by L.L. No. 9-19851 Duck Pond Road [Added 8-12-1980 by L.L. No. 4-1980; amended 7-2-1985 by L.L. No. 9-19851 First Street [Added 8-10-1993 by L.L. No. 17-19931 Love Lane Love Lane [Added 8-12-1980 by L.L. No. 4-19801 West Between the Time Between New York Hours of Limit Location 10:00 a.m. 2 hrs. In Cutchogue, and 10:00 p.m. 5 from the guardrail 6:00 p.m., mins. at the northerly except Sundays terminus southerly for a distance of 400 feet 7:00 a.m. and 2 hrs. In Cutchogue, 10:00 P.M. from the guardrail at the northerly 8 a.m. and 4 15 terminus southerly P.M., except mins. for a distance of Saturdays, 400 feet Both 6:00 a.m. and 15 In New Suffolk, 6:00 p.m. mins. between Jackson Street and Main Street Both East Oaklawn Avenue Both [Amended 11-27-1990 by L.L. No. 27-19901 Pike Street Both [Added 9-21-1976 by L.L. No. 4-19761 8:00 a.m. and 2 hrs. Between New York 6:00 p.m. Route 25 and Pike Street 8:00 a.m. and 5 In Mattituck, for a 6:00 p.m., mins. distance of 48 feet except Sundays northerly commencing from a point 136 feet north of the northerly curbline of New York Route 25 8 a.m. and 4 15 In Southold, P.M., except mins. starting at a point Saturdays, 300 feet southerly Sundays and of the southerly holidays curbline of New York Route 25 for a distance of 552 feet 8:00 a.m. and 2 hrs. Between 6:00 p.m. Westphalia Road and a point 200 feet easterly of the east curbline of Love Lane 9230.3 9-25-93 § 92-43 SOUTHOLD CODE § 92-44 Name of Between the Time Street Side Hours of Limit Location Skunk Lane Both 7:00 a.m. and 2 hrs. In Cutchogue, Extension 10:00 P.M. from Peconic Bay [Added westerly for a 8-12-1980 by distance of 150 L.L. No. 419801 feet Youngs Avenue West 8:00 a.m. and 2 hrs. In Southold, [Added 6:00 p.m. between New York • 9-23-1986 by Route 25 and L.L. No. Mechanic Street 11-19861 § 92-43.1. Public parking lots. [Added 7-7-1981 by L.L. No. 4-1981] The parking of vehicles in the public parking lot located in Southold on the south side of New York Route 25, approximately one hundred seventy (170) feet east of Wells Avenue, is hereby prohibited for a period longer than two (2) hours. §92-44. Stopping prohibited at all times. [Added 8-12-1980 by L.L. No. 4-1980] The stopping of vehicles is hereby prohibited at all times in any of the following locations: Name of Street Side Location County Route 48 North In Cutchogue, from the [Added 8-29-1989 easterly curbline of the by L.L. No. entrance to the Southold 16-19891 Town Refuse Disposal Area, • extending easterly for a distance of 500 feet 9230.4 9-25-93 • is § 92-44 VEHICLES AND TRAFFIC § 92-44 Name of Street Side Location County Route 48 North In Mattituck, from the [Added 10-22-1991 extended curbline at the by L.L. No. intersection of Cox Neck 25-19911 Road, easterly for a distance of 475 feet County Route 48 North In Southold, starting at a [Added 6-20-1989 point 615 feet east of by L.L. No. Youngs Avenue, extending 12-19891 easterly for a distance of 700 feet County Route 48 South In Southold, starting at a [Added 6-20-1989 point 640 feet east of by L.L. No. Youngs Avenue, extending 12-19891 easterly for a distance of 494 feet Locust Lane Both In Southold, from the [Added 8-13-1985 southerly curbline of by L.L. No. Route 25 southerly for a 13-19851 distance of 60 feet Love Lane East In Mattituck, from the north curbline of Pike Street northerly for a distance of 20 feet 9230.4.1 (Cont'd on page 9230.5) 9-25-93 § 100-31 ZONING § 100-32 occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one (1) such sale shall be conducted on any lot in any one (1) calendar year. • (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one (1) on -premises sign not larger than six (6) square feet in size displayed for a period of not longer than one (1) week immediately prior to the day of such sale, shall be permitted. (d) A permit shall be obtained therefor from the Town Clerk upon the payment of a fee of fifteen dollars ($15.). [Amended 8-24-1993 by L.L. No. 18-19931 (e) The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by L.L. No. 18-19931 § 100-32. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Agricultural - Conservation District and in the Low -Density Residential R-80 District unless the same conforms to the Bulk Schedule and Parking Schedule' incorporated into this chapter with the same • force and effect as if such regulations were set forth herein in full, as well as to the following bulk and parking requirements: 1 Editor's Note: The Bulk schedule is included at the end of this chapter, and the Parking Schedule is in § 100-191A. 10049 9-25-93 § 100-32 SOUTHOLD CODE § 100-32 A. In the case of a lot held in single and separate ownership prior to November 23, 1971, and thereafter, with an area of less than forty thousand (40,000) square feet, a single-family dwelling may be constructed thereon, provided that the requirements of Column vii of the Bulk Schedule and the Parking Schedule incorporated in this chapter are complied with. B. The bulk and parking requirements for single-family dwellings as set forth in Column ii of the Bulk Schedule and the Parking Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on major and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. (3) All lots shown on minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. (4) All lots set off or created by approval of the Planning Board subsequent to November 23, 1971, and prior to May 20, 1983. C. The bulk and parking requirements for single-family dwellings set forth in Columns i and iii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning Board on or after May 20, 1983. 10050 9-25-93 • • § 100-32 ZONING § 100-33 D. The bulk and parking requirements for two-family dwellings set forth in Column xii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning I Board has held a hearing for preliminary approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning Board on or after May 20, 1983. § 100-33. Accessory No. 6-19901 In the Agricultural -Conserv Residential R-80, R-120, R-200 [Amended 4-10-1990 by LX a District and Low -Density R-400 Districts, accessory (Cont'd on page 10051) 10050.1 9-25-93 • SOUTHOLD SUPPLEMENTAL INDEX — A — ADMINISTRATOR Coastal erosion hazard area, 37-42 Defined, 37-6 Powers and duties, 37-42 AFFORDABLE HOUSING (AHD) DISTRICT Penalties for offenses, 100-59 Zoning, 100-50 –100-59 AGRICULTURAL LAND PRESERVATION Land Preservation Committee, 25-50 ALARM SYSTEMS False alarms, 24-5, 24-6 Fees, 24-6 Penalties for offenses, 24-8. Permits, 24-3, 24-4 ANCHORING Flood damage prevention, 46-16 APARTMENT Defined, 100-13 APARTMENT HOUSE Defined, 100-13 APPEALS Coastal erosion hazard area, 37-35, 37-36 Flood damage prevention, 46-22 APPOINTMENTS Land Preservation Committee, 25-50, 59-50 ARCHIVES Defined, 72-3 — B — BEACH Defined, 37-6 BERMS Height regulations, 100-231 BLUFF Defined, 37-6 BOATS, DOCKS AND WHARVES Bathing and swimming, 32-38.1 Ramps, 32-32.1 Regulation of personal watercraft and specialty prop -craft, 32-36.3 Scuba diving, 32-38.2 Spear fishing, 32-38.3 BODY FLUIDS Defined, A107-43.1 BONDS Coastal erosion hazard area, 37-41 BOWRIDING Defined, 32-31 BUILDING INSPECTOR Flood damage prevention, 46-11, 46-14 'Powers and duties, 46-14 BUILDING PERMITS Site plan approval, 100-252 BULKHEAD Defined, 100-13 —C— LANS Defined, 48-1 CANVASSERS Defined, 69-1 See also PEDDLERS, SOLICITORS AND TRANSIENT RETAIL MERCHANTS CERTIFICATE OF COMPLIANCE Defined, 100-13 Flood damage prevention, 46-14 CERTIFICATE OF DETERMINATION Defined, 100-13 CERTIFICATE OF OCCUPANCY Site plan approval, 100-252 CHANNEL SYSTEM Defined, 32-31 COASTAL EROSION HAZARD AREA Administration and enforcement, 37-40 –37-49 Administrator, 37-42 Amendments, 37-50, 37-51 Appeals, 37-35, 37-36 Applicability, 37-20 SI -1 9-25-93 SOUTHOLD SUPPLEMENTAL INDEX Beach area, 37-15 Bluff area, 37-17 Bonds, 37-41 Certification, 37-51 Coastal Erosion Hazard Board of Review, 37-34 Conflicts, 37-44 Definitions, 37-6 Dune area, 37-16 Emergency activity, 37-20 – 37-29 Enactment, 37-1 Environmental review, 37-46 Erosion protection structures, 37-18 Establishment, 37-10 Fees, 37-32, 37-40 Findings, 37-5 General provisions, 37-1– 37-9 Interpretation, 37-43 Near shore area, 37-14 Notices, 37-21, 37-22 Penalties for offenses, 37-47 Permits, 37-11, 37-12, 37-40 Procedure, 37-50 Purpose, 37-4 Regulations, 37-10 – 37-19 Structural hazard area, 37-13 Title, 37-2 Traffic control, 37-19 Variances, 37-30 – 37-39 COASTAL EROSION HAZARD AREA MAP Defined, 37-6 COASTAL EROSION HAZARD BOARD OF REVIEW Coastal erosion hazard area, 37-34 COASTAL WATERS Defined, 37-6 COASTLINE Defined, 37-6 COLLAPSED BUILDINGS, see UNSAFE BUILDINGS COMMUNICABLE DISEASE Defined, A107-43.1 COMMUNICABLE/INFECTIOUS DISEASES Definitions, A107-43.1 Line -of -duty exposures, A107-43.1 Notices, A107-43.1 Police Department rules and regulations, A107-43.1 Policy, A107-43.1 Procedures, A107-43.1 Purpose, A107-43.1 Records, A107-43.1 Supplies, A107-43.1 COMPLAINANT Defined, A107-35.1 CURBS Highway specifications, A108-42 — D — DEBRIS LINE Defined, 37-6 DEDICATION OF ROADS Highway specifications, A108-50 DEFINITIONS Administrator, 37-6 Apartment, 100-13 Apartment house, 100-13 Archives, 72-3 Beach, 37-6 Bluff, 37-6 Body fluids, A107-43.1 Bowriding, 32-31 Bulkhead, 100-13 Cans, 48-1 Canvassers, 69-1 Certificate of compliance, 100-13 Certificate of determination, 100-13 Channel system, 32-31 Coastal Erosion Hazard Area Map, 37-6 Coastal waters, 37-6 Coastline, 37-6 Communicable disease, A107-43.1 Complainant, A107-35.1 Debris line, 37-6 Dune, 37-6 Eels, 77-201 Erosion, 37-6 SI -2 9-25-93 • • • :7 SOUTHOLD SUPPLEMENTAL INDEX Erosion hazard area, 37-6 Erosion protection structure, 37-6 Existing manufactured home park or subdivision, 46-4 Existing structure, 37-6 Expansion to an existing manufactured home park or subdivision, 46-4 Family/household, A107-35.1 Family offense, A107-35.1 Federal Emergency Management Agency, 46-4 Flood Boundary and Floodway Map, 46-4 Flood elevation study, 46-4 Floodplain, 46-4 Flood -prone area, 46-4 Fraternal organization, 100-13 Glass, 48-1 Grading, 37-6 Habitable floor area, 100-13 Historic structure, 46-4 Home business office, 100-13 Home professional office, 100-13 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 Normal maintenance, 37-6 Order of protection, A107-35.1 Peddler, 69-1 Person, 37-6, 69-1 Personal watercraft, 32-31 Plastics, 48-1 Primary dune, 37-6 Primary frontal dune, 46-4 Probable cause, A107-35.1 Receding edge, 37-6 Recession rate, 37-6 Records, 72-3 Records center, 72-3 Records disposition, 72-3 Records management, 72-3 Recreational vehicles, 46-4 Recyclable, 48-1 Recyclable wood, 48-1 Regulated activity, 37-6 Restoration, 37-6 Retaining wall, 100-13 Secondary dune, 37=6 Servicing, 72-3 Significant fish and wildlife habitat, 37-6 Solicitors, 69-1 Specialty prop -craft, 32-31 Structural hazard area, 37-6 Structure, 37-6 Substantial damage, 46-4 Toe, 37-6 Transient retail business, 69-1 Unregulated activity, 37-6 Utilities, 100-51 Vegetation, 37-6 DRAINAGE Highway specifications, A108-27, A108 -29 –A108-33, A108-36 Site plan approval, 100-252 DRIVEWAYS Highway specifications, A108-40 DUNE Defined, 37-6 DUST Peddlers, solicitors and transient retail merchants, 69-10 — E — EELS Defined, 77-201 Coastal erosion hazard area, 37-20 – 37-29 EROSION Defined, 37-6 SI -3 9-25-93 SOUTHOLD SUPPLEMENTAL INDEX 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 FAVI MY/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 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 — G — GLASS Defined, 48-1 GRADING Defined, 37-6 GUARANTIES Site plan approval, 100-254 SI -4 9-25-93 • O 0 SOUTHOLD SUPPLEMENTAL INDEX —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 STRUCTURE Defined, 46-4 HOME BUSINESS OFFICE Defined, 100-13 HOME PROFESSIONAL OFFICE Defined, 100-13 Noise, 100-31 Setbacks, 100-31 Signs, 100-31 Storage, 100-31 Zoning, 100-31 —I— INSPECTIONS Highway specifications, A108-49 INVESTIGATIONS Peddlers, solicitors and transient retail merchants, 69-7 SI -5 9-25-93 SOUTHOLD SUPPLEMENTAL INDEX — L — LAND PRESERVATION COM31ITTEE 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 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 NORMAL MAINTENANCE Defined, 37-6 NOTICES Coastal erosion hazard area, 37-21, 37-22 Communicable/infectious diseases, A107-43.1 Pro -arrest policy, A107-35.1 Site plan approval, 100-254 —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 SI -6 9-25-93 • CJ #9 SOUTHOLD SUPPLEMENTAL INDEX — 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 Coastal erosion hazard area, 37-11, 37-12, 37-40 Flood damage prevention, 46-12, 46-13 PERSON Defined, 37-6, 69-1 PERSONAL WATERCRAFT Defined, 32-31 PLASTICS Defined, 48-1 POLICE DEPARTMENT RULES AND REGULATIONS Communicable/infectious diseases, A107-43.1 Pro -arrest policy, A107-35.1 POWERS AND DUTIES Administrator, 37-42 Building Inspector, 46-14 Land Preservation Committee, 25-50,59-50 Records Advisory Board, 72-5 Records management officer, 72-4 PRIMARY DUNE Defined, 37-6 PRIMARY FRONTAL DUNE Defined, 46-4 PRO -ARREST POLICY Accusatory instrument, A107-35.1 Definitions, A107-35.1 General provisions, A107-35.1 Notices, A107-35.1 Orders or protection, A107-35.1 Police Department rules and regulations, A107-35.1 Procedure, A107-35.1 Protection of identity of victim, A107-35.1 Purpose, A107-35.1 PROBABLE CAUSE Defined, A107-35.1 — 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 SI -7 9-25-93 SOUTHOLD SUPPLEMENTAL INDEX RECORDS ADVISORY BOARD Powers and duties, 72-5 Records management, 72-5 RECORDS CENTER Defined, 72-3 RECORDS DISPOSITION Defined, 72-3 RECORDS MANAGEMENT Custody and control of records, 72-6 Definitions, 72-3 Disposition of records, 72-7 Intent, 72-1 Program established, 72-2 Records Advisory Board, 72-5 Records management officer, 72-2, 72-4,72-6 RECORDS MANAGEMENT OFFICER Powers and duties, 72-4 Records management, 72-2, 72-4 RECREATIONAL VEHICLES Defined, 46-4 Flood damage prevention, 46-21 RECYCLABLE Defined, 48-1 RECYCLABLE WOOD Defined, 48-1 REGISTRATION Peddlers, solicitors and transient retail merchants, 69-3, 69-6 REGULATED ACTIVITY Defined, 37-6 RESTORATION Defined, 37-6 RETAINING WALL Defined, 100-13 —S— SALES Peddlers, solicitors and transient retail merchants, 69-1- 69-13 SCREENING Highway specifications, A108-43 Site plan approval, 100-252 SECONDARY DUNE Defined, 37-6 SERVICING Defined, 72-3 SETBACKS Home professional office, 100-31 SHELLFISH Eels, 77-208.1 Vegetation removal prohibited, 77-211.2 SIDEWALKS Highway specifications, A108-40 SIGNIFICANT FISH AND WILDLIFE HABITAT Defined, 37-6 SIGNS Highway specifications, A108-12 Home professional office, 100-31 Peddlers, solicitors and transient retail merchants, 69-12 SITE PLAN APPROVAL Applicability, 100-250 Application requirements, 100-256 Approval of plan required, 100-253 Building permits, 100-252 Certificate of occupancy, 100-252 Drainage, 100-252 Duration of plan, 100-255 Fees, 100-256 Findings of fact, 100-251 Guaranties, 100-254 Hearings, 100-254 Landscaping, 100-252 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 SI -8 9-25=98 • r SOUTHOLD SUPPLEMENTAL INDEX J See also PEDDLERS, SOLICITORS AND TRANSIENT RETAIL MERCHANTS SPECIALTY PROP -CRAFT Defined, 32-31 STOP -WORK ORDERS Flood damage prevention, 46-14 STORAGE Home professional office, 100-31 STREETLIGHTING Highway specifications, A108-47 STRUCTURAL HAZARD AREA Defined, 37-6 STRUCTURE Defined, 37-6 SUBDIVISION OF LAND Flood damage prevention, 46-15 SUBSTANTIAL DAMAGE Defined, 46-4 —T— TERMS OF OFFICE Land Preservation Committee, 25-50, 59-50 TOE Defined, 37-6 TOPSOIL Highway specifications, A108-43 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 — Z — ZONING Affordable Housing (AHD) District, 100-50 -100-59 Home professional office, 100-31 Site plan approval, 100-250 - 100-256 ZONING BOARD OF APPEALS Flood damage prevention, 46-22 SI -9 9-25-93