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HomeMy WebLinkAbout1998 Code Supplement - 05/01/1998GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 122 • 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. This instruction page should be placed in the front of your Code volume. REMOVE INSERT 4505 —4506 4505 —4506 4506.1 4805 —4806 4805 —4806 4806.1— 4806.4 4806.1— 4806.4 6505 —6506 6505 —6506 6506.1 6506.1 8501 — 8502 8501 — 8502 8502.1 8502.1 9216.13 — 9216.14 9216.13 — 9216.14 • Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 1-1998; 2-1998; 3-1998; 4-1998; 5-1998. 5-1-98 § 45-7 FIRE PREVENTION & BUILDING § 45-8 other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. § 45-8. Building permit required; application for permit. • [Amended 5-30-1995 by L.L. No. 11-19951 A. No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvements, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature. B. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. C. [Amended 3-3-1998 by L.L. No. 2-19981 Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with • applicable building construction, housing and fire codes. (1) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. 4505 5-1-98 § 45-8 SOUTHOLD CODE § 45-8 (2) The section, block and lot numbers, if any, as they appear on the latest tax records. (3) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (4) The dimensions of all yards in relation to the subject is building and the distances between such building and any other existing buildings on the same lot and adjacent lots. (5) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate and the necessary computations to establish conformity to the bulk and density regulations. (6) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (7) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (8) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, • prepared by a licensed engineer or land surveyor. (9) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. 4506 5-1-9e § 45-8 FIRE PREVENTION & BUILDING § 45-8 D. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by § 280-a of the Town Law. (Cont'd on page 4507) • i • 4506.1 5-1-98 i § 48-2 GARBAGE, RUBBISH AND REFUSE § 48-3 C. Nonrecyclable waste and town garbage bags. [Added 9-10-1993 by L.L. No. 20-19931 (1) Nonrecyclable waste shall be deposited only at designated areas within the town disposal area. (2) Town garbage bags shall be available at designated is areas in the town. (3) The size and design of the town garbage bag shall be determined by resolution of the Town Board. (4) The fee for each size of the town garbage bag shall be determined by resolution of the Town Board. (5) No person shall: (a) Duplicate or imitate a town garbage bag. (b) Give, sell or issue in any manner a duplicated or imitated town garbage bag. § 48-3. Town refuse disposal area. A. [Amended 2-5-1991 by L.L. No. 1-1991; 11-26-1991 by L.L. No. 26-1991; 11-26-1991 by L.L. No. 27-1991; 9-10-1993 by L.L. No. 20-19931 No person shall deposit or cause to be deposited in or on any refuse disposal area maintained by a waste district in the Town of Southold any substance of any ldnd except in the areas designated by and under the direction of the attendant in charge, whether such direction is given personally or by another person by his authority or by a sign or signs erected in the refuse disposal area by the authority of the Town Board or attendant. • (1) Residential self -haulers and commercial self - haulers. (a) No cans, as defined herein, shall be deposited at any Town of Southold disposal area unless such cans are separated from any and all solid waste, trash, rubbish, vegetative yard waste, 4805 5-1-98 § 48-3 SOUTHOLD CODE § 48-3 cardboard, glass, metal or paper. Such cans are to be deposited only at designated areas within such town disposal area. (b) No cardboard, as defined herein, shall be deposited at any Town of Southold disposal area unless such cardboard is separate from any and all solid waste, trash, rubbish, vegetative yard • waste, cans, glass, plastic, metal or paper. Such cardboard is to be deposited only at designated areas within such town disposal areas. (c) No glass, as defined herein, shall be deposited at any Town. of Southold disposal area unless such glass is separated from any and all solid waste, trash, rubbish, vegetative yard waste, cans, cardboard, metal or paper. Such glass is to be deposited only at designated areas within such town disposal area and in the area designated for the particular color of glass (i.e., clear, amber or green). (d) No plastic, as defined herein, shall be deposited at any Town of Southold disposal area unless' such plastic is separated from any and all solid waste, trash, rubbish, vegetative yard waste, cans, cardboard, glass or paper. Such plastic is to be deposited only at designated areas within such town disposal area or transfer station. (e) No newspaper, as defined herein, shall be deposited at any Town of Southold disposal area unless such newspaper is separated from any and all solid waste, trash, rubbish, vegetative yard waste, cans, cardboard, glass or plastic. • Such newspaper is to be deposited only at designated areas within such town disposal area. (f) Nonrecyclable waste. 4806 5_1_98 • • § 48-3 GARBAGE, RUBBISH AND REFUSE § 48-3 [1] Residential self -haulers. Nonrecyclable waste generated by residential self -haulers shall be disposed of only in a town garbage bag as defined herein and deposited only at designated areas within the town disposal area. [2] Commercial self -haulers. Nonrecyclable waste generated by commercial self - haulers may be either: [a] Disposed of in a town garbage bag and deposited at designated areas within the town disposal area; or [b] Disposed of at the designated areas within the town disposal area upon paying the appropriate charge as set by Town Board resolution for the weight of nonrecyclable waste deposited. (2) Private residential refuse haulers/carters. (a) The owners or occupants of all residences within the town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this chapter shall place recyclables in separate rigid containers at curbside for collection on such day or days as the licensee serving such residence shall designate. (b) It shall be unlawful for any person to place out for collection any container in which refuse is mixed with recyclables. (c) It shall be unlawful for any person to collect refuse from a residence which is mixed with recyclables or thereafter to commingle different types of recyclables or to mix recyclables with refuse. 4806.1 5-1-98 § 48-3 SOUTHOLD CODE § 48-3 (d) Recyclables collected by private residential refuse haulers/carters and transported to the landfill/collection center shall be deposited in areas designated by appropriate landfill personnel. (e) Nonrecyclable waste. [1] The owners or occupants of all residences • within the town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this chapter shall place nonrecyclable waste in town garbage bags for collection on such day or days as the licensee serving such residents shall designate. [2] It shall be unlawful for any person to place out for collection any nonrecyclable waste which is not in a town garbage bag. It shall be unlawful for any person to collect nonrecyclable waste from a residence which is not in a town garbage bag. [3] Nonrecyclable waste in town garbage bags collected by private residential refuse haulers/carters and transported to the landfill/collection center shall be deposited only in areas designated by appropriate landfill personnel. (3) Private commercial refuse haulers/carters. (a) The owners or occupants of all commercial es- tablishments within the town which utilize collection services provided by persons licensed • to collect refuse pursuant to the provisionsof this chapter shall place recyclables in separate rigid containers at curbside for collection on such day or days as the licensee serving such business shall designate. 4806.2 5-1-98 § 48-3 GARBAGE, RUBBISH AND REFUSE § 48-3 (b) It shall be unlawful for any commercial estab- lishment to place out for collection any container in which refuse is mixed with recyclables. (c) It shall be unlawful for any commercial estab- lishment to place out for collection any • container in which one type of recyclable is mixed with any other type or types of recyclables. (d) It shall be unlawful for any private commercial refuse hauler/carter to collect refuse from any commercial establishment which is mixed with recyclables or thereafter to commingle different types of recyclables or to mix recyclables with refuse. (e) Recyclables collected by private commercial refuse haulers/carters and transported to the landfill/collection center shall be deposited in areas designated by appropriate landfill personnel. B. No garbage, refuse, rubbish or other material that does not have its origin within the Town of Southold shall be deposited or disposed of in the town refuse disposal area. [Added 7-31-19731 C. No garbage, rubbish, refuse or other material that does not have its origin within the Town of Southold shall be conveyed or transported over any street within the town for delivery to the town refuse disposal area. [Added 5-3-1988 by L.L. No. 11-198811 • D. No vehicle shall be permitted to transport refuse into any refuse disposal area maintained by the Town of Southold unless such vehicle displays a valid permit and/or license issued pursuant to the provisions of this 1 Editor's Note: This local law also renumbered former Subsections C and D as D and E, respectively. 4806.3 5-1-98 § 48-3 SOUTHOLD CODE § 48-3 chapter, except that vehicles owned and operated by any of the following entitled shall be permitted to transport refuse into any refuse disposal area maintained by the Town of Southold, provided that at least one valid permit and/or license has been issued to the particular entity: the State of New York, the County of Suffolk, the Village of Greenport and fire districts, school districts and park districts located within the Town of Southold. [Added is 7-24-1979 by L.L. No. 1-1979; amended 10-9-1984 by L.L. No. 9-1984; 12-7-1993 by L.L. No. 25-19931 E. The attendant at the town refuse area is authorized to prohibit the disposal of discarded motor vehicles and/or discarded fuel tanks having a capacity in excess of 550 gallons at the refuse disposal area. [Added 7-15-1986 by L.L. No. 7-1986; amended 9-23-1986 by L.L. No. 12-1986] F. All municipal recyclables must be deposited in the appropriate location of the disposal area owned by the Town of Southold. [Added 5-3-1994 by L.L. No. 6-19941 (Cont'd on page 4807) • 4806.4 5-1-98 • • § 65-3 PARKING AT BEACHES § 65-3 C. Hotel -motel parking permits. (1) Hotel -motel parking permits shall be issued by the Town Clerk or a person designated by him to the owners or their designated managers of hotels, motels, rooming or boarding houses and trailer parks, for use by the paying guests temporarily residing therein. Persons applying for a hotel -motel parking permit shall present an application to the Town Clerk in affidavit form, signed by the applicant, setting forth: (a) The number of rental units available at the applicant's premises. (b) The number of permits applied for. (c) The designated business name, if any, of the premises applied for. (2) Upon a determination by the Town Clerk or a person designated by him that the applicant is entitled to such permits and upon payment of the required permit fee, permits shall be issued; provided, however, that the number of permits issued shall not exceed the number of rental units available at the premises applied for. Such permits shall be inscribed with the name of the applicant or the designated business name of the applicant's premises and shall be used only by paying guests occupying the premises for which such permits are issued. (3) Hotel -motel parking permits shall be transferable and shall be displayed on the dashboard on the passenger side of the vehicle. The owner or manager to whom such permits are issued shall make no charge for the use of such permits by such guests, but may require a deposit to ensure return of a permit. [Amended 11-24-1992 by L.L. No. 19-1992] 6505 5-1-98 § 65-3 SOUTHOLD CODE § 65-3 (4) The fee for the issuance of a hotel -motel parking permit shall be such fee as shall be prescribed by resolution of the Southold Town Board. D. One -day nonresident permits. (1) One -day nonresident parking permits may be issued for the parking of vehicles on the parking areas at • Southold Town Beach, Norman E. HIipp Marine Park and New Suffolk Beach to any person, by the attendant on duty at such parking areas, and also shall be sold in books of 50 permits to the proprietors of the following recreational businesses: bike rentals, kayak rentals and fishing stations. [Amended 5-9-1972; 4-14-1998 by L.L. No. 5-1998] (2) Such permit shall be valid only for the day on which the same is issued. Any permit not fully filled in shall be invalid. [Amended 4-14-1998 by L.L. No. 5-19981 _ (3) The fee for the issuance of a one -day nonresident parking permit shall be such fee as shall be prescribed by resolution of the Southold Town Board. E. Guest permits. [Added 12-28-1982 by L.L. No. 9-19821 (1) Guest parking permits shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who are qualified residents of the Town of Southold, as defined in § 65-3A hereof, for use by guests temporarily residing in the dwelling of such resident. A resident applying for a guest parking permit shall present an application in affidavit form, • signed by the applicant, setting forth the following: (a) The location of the property to be occupied by the guests. (b) The names and permanent addresses of the guests. 6506 5-1-98 • § 65-3 PARKING AT BEACHES § 65-3 (c) The length of time of the guest occupancy. (2) Upon a determination by the Town Clerk or person designated by the Town Clerk that the applicant is entitled to a guest parking permit and upon the payment of the permit fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in § 65-3A(3) hereof. (3) The fee for the issuance of a guest parking permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board. F. Nonresident seasonal beach parking permit. Beach parking permits for nonresidents for the period January 1 through December 31 may be issued by the Town Clerk of the Town of Southold upon application therefor at a sum prescribed by resolution of the Southold Town Board, which annual sum shall include both the vehicle and boat trailer. [Added 7-14-1987 by L.L. No. 11-1987; amended 10-23-1990 by L.L. No. 21-1990; 10-18-1994 by L.L. No. 21-1994; 2-23-1995 by L.L. No. 4-19951 (Cont'd on page 6507) 6506.1 5-1-98 TAXATION Chapter 85 TAXATION ARTICLE I • Senior Citizen Exemption § 85-1. Partial exemption for senior citizens. § 85-2. Conditions. § 85-3. Applications. § 85-4. Reapplications. § 85-5. Penalties for offenses. § 85-5.1. Notice. ARTICLE II Business Investment Exemption § 85-6. Exemption repealed. ARTICLE III Veterans' Exemption § 85-7. Purpose. § 85-8. Amount of exemption. • [HISTORY: Adopted by the Town Board of the Town of Southold: Art. I, 4-20-1971; Art. II, 3-22-1977 by L.L. No. 2-1977; Art. III, 6-27-1995 by L.L. No. 14-1995. Amendments noted where applicable.] 8501 5-1-98 § 85-1 SOUTHOLD CODE § 85-1 ARTICLE I Senior Citizen Exemption [Adopted 4-20-19711 § 85-1. Partial exemption for senior citizens. [Amended 3-12-1985 by L.L. No. 3-1985; 2-2-1993 by L.L. No. 2-1993; 12-27-1994 by L.L. No. 31-1994; 5-28-1996 by L.L. No. 9-1996; 2-4-1997 by L.L. No. 3-1997; 2-29-1998 by L.L. No. 1-19981 A. Amount of exemption. (1) Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from town taxes to the extent provided, subject to the following income limitations: Extent of Exemption Income (percent) Up to $18,499 50% $18,500 to $19,499 45% $19,500 to $20,499 40% $20,500 to $21,499 35% $21,500 to $22,399 30% $22,400 to $23,299 25% $23,300 to $24,199 20% $24,200 to $25,099 15% $25,100 to $25,999 10% $26,000 to $26,899 5% (2) Such exemption shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed. B. The real property tax exemption on real property owned by husband and wife, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse, so long as the surviving spouse is at least 62 years of age. 8502 5-1-98 • C, § 85-1 TAXATION § 85-2 C. The above income shall be calculated as described in Real Property Tax Law §467 and shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, net rental • income, salary or earnings, and net income from self- employment, but shall not include a return of capital, gifts, inheritances, payments made to individuals because of their status as victims of Nazi persecution as defined in P.L. 103-286 or moneys earned through employment in the federal foster grandparent program, and any such income shall be offset by all medical and prescription drug expenses actually paid which were not reimbursed or paid by insurance. • § 85-2. Conditions. [Amended 3-12-1985 by L.L. No. 3-1985] No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum of twenty-one thousand two (Cont'd on page 8503) 8502.1 5-1-98 • • § 92-30 VEHICLES AND TRAFFIC § 92-30 Direction At Inter- Location Stop Sign on of Travel section With (hamlet) Wicks Road East New Suffolk New [Added Road Suffolk 8-12-1980 by L.L. No. 4-1980] Wicks Road West Grathwohl New Road Suffolk Wiggins West Ninth Street Greenport Street Willow Pond West Clearview Southold Lane [Added Avenue 4-14-1998 by L.L. No. 4-1998] Willow West Pequash Greenport Street Avenue Willow West Village Lane Orient Street Wilmarth East Main Street Greenport Avenue Wilmarth West Middleton Greenport Avenue Road Wood Lane East Manhanset Greenport Avenue Woodcliff East Grand Avenue Mattituck Drive Woodcliff North Westview Mattituck Drive Drive Woodcliff South Westview Mattituck Drive Drive Wunneweta South Little Cutchogue . Road Peconic Bay Road ,- 9216.13 5-1-98 § 92-30 SOUTHOLD CODE § 92-30 Direction At Inter- Location Stop Sign on of Travel section With (hamlet) Wunneweta South Nassau Point Cutchogue Road Road Wunneweta East Vanston Road Cutchogue Road Yennecott West Boisseau Southold Drive Avenue Youngs North Oak Street Mattituck Avenue (Cont'd on page 9217) 9216.14 5-1-98 • Cl