HomeMy WebLinkAbout1983 Code Supplement - 08/25/1983i rr
GENERAL COBE PUBLISHERS CORP.
INSTRUCTIONS
Town of Southold Code Supplement No. 26
The enclosed new and/or replacement pages should be placed in
your Code volume immediately! The dateline, on the lower right
corner, indicates when, the supplement was printed, not the
adoption date of the Code changes.
The page numbers should always correspond with this list.
REMOVE.
INSERT
3201-3202
3201-3202
Do not remove pages 3203 - 3204
3205-3208
3205-3208
3208.1- 3208.2
4563-4564
4563-4564
4564.1
6225-5226
5225-5226
5226.1
5226.1
7705-7706
7705-7706
7706.1
9228.1- 9228.3
9228.1-9228.4
9229-9230
9229-9230
10001-10002
10001-10002
10027 - 10028
10027 - 10028
10028.1
Bulk and Parking Schedule
Bulk and Parking Schedule
(follows page 10075)
Appendix
A10601- A10602
A10601- A10602
® A10607 - A10608
A10607 - A10608
A10633 - A10634
A10633 - A10634
A10634.1
8.25-83
REMOVE
A10637 - A10638
Supplemental Index,
SI-1—SI-2
INSERT
A10637 - A10639
Supplemental Index,
SI-1—SI-2
40
C
Legislation, by number or date of adoption, included in this
supplement: L.L. Nos. 3-1983; 4-1983; 5-1983; 6-1983; 7-1983; 8-
1983; 9-1983; 4-19-83.
8 -as -83
BOATS, DOCKS AND WHARVES
Chapter 32
BOATS, DOCKS AND WHARVES
ARTICLE I
Obstruction and Use of Town Waters
§ 32-10. Permit required.
§ 32-11. Restricted areas at end of town highways.
§ 32-12. Issuance of permits by Board of Trustees.
§ 32-13. (Reserved)
ARTICLE II
Public Docks
§ 32-20. Definitions.
§ 32-21. Monopolization of docks, bulkheads and landing places
prohibited.
§ 32-22. (Reserved]
ARTICLE III
Boats
§ 32-30. Short title; applicability.
§ 32-31. Definitions.
§ 32-32. Sanitary regulations.
§ 32-33. Unnavigable boats; hazards to navigation.
§ 32-34. Operation of boats near beaches and bathers.
§ 32-35. Water skiers.
§ 32-36. Speed limits; manner of operation.
3201 - 9-2e-81
- §,32-10 SOUTHOLD CODE § 32-10
§ 32-37. Internal-combustion engines; mufflers.
§ 32-38. Aquatic events.
§ 32-39. (Reserved)
ARTICLE IV
Administration and Enforcement
§ 3240. Enforcing officer.
§ 32-41. Notice of violation.
§ 32-42. Hearing.
§ 32-43: Penalties for offenses.
[HISTORY: Adopted by the Town Board of the Town of
Southold: Article I, 5-18-59; Article II, 6-28-35; Article III, 10-4-
60; Article IV, 6-23-81 as Local Law No. 3-1981. Sections 32-13,
32-22 and 32-39 amended during codification; see Ch. 1, General
Provisions, Article II. Other amendments noted where ap-
plicable.]
GENERAL REFERENCES
Parking at beaches — See Ch. 85.
Shellfish — See Ch. 77.
Wetlands — See Ch. 97.
ARTICLE I
Obstruction and Use of Town Waters'
[Adopted 5-18-591
§ 32-10. Permit required.
No person shall place any piles, stakes, buoys, piers, docks,
bulkheads or other objects in or on any town waters or public
Editor's Note: See also Ch. 97, Wetlands.
3202 9-25-81
§ 32-30 BOATS, .DOCKS'AND WHARVES § 32-33
B. The following rules and regulations shall apply to all
waters within the Town of Southold and to all waters
bounding the Town of Southold' to a distance of one
thousand five . hundred (1,500) feet from the shore;
provided, however, that they shall not apply to waters
within or bounding an incorporated village of the town to a
distance,of one thousand five hundred (1,500) feet from the
shore.
§ 32-31. Definitions.
For the purpose of this Article, the terms used herein are
defined as follows:
BOATS — Every vessel propelled in any manner, except
vessels having a valid marine document issued by the
Federal Bureau of Customs or any foreign government.
§ 32-32. Sanitary regulations. [Amended 8-10-711
The dumping of oil, refuse, garbage, sewage .or waste is
prohibited.
§ 32-33. Unnavigable boats; hazards to navigation.
A. Any boat which becomes a menace to navigation or un-
seaworthy, or sinks, grounds or otherwise becomes
disabled or incapable of navigation shall be removed or
restored to navigable condition by the registered owner
upon notice from the . Southold Town Board or its
designated agent, which notice shall be either by personal
service or by certified mail addressed to the registered
owner's last known address as, given by him or as stated in
his certificate of registration. [Amended 8-26-76 by L.L.
No. 3-19761
B. If such boat is not removed or restored to navigable
condition by the owner within. one (1) week after the
mailing of said notice, the Southold Town Board or its
3205 9-25-81
L
§ 32-313 SOUTHOLD. CODE § 32-35
designated agent may direct the removal or destruction of
the boat, and ,the cost of said removal, including storage
charges, shall attach to and shall become a lien upon said
boat, and said boat may be 'sold, upon direction of the
court, at public auction to defray said expenses, any
surplus being returned to the owner of record: The town
shall not be liable for any damage done to said boat during
its removal, storage and sale.
§ 32-34. Operation of boats near beaches and bathers.
No boat propelled other than by hand shall cruise or be operated
within one hundred (100) feet of any lifelines or bathing float, or if
there be no lifelines or bathing float, then within one hundred
.(100) feet of any public or semipublic beach regularly used for
bathing or swimming; except that, such boat may approach or
depart perpendicularly to or from such beach at less than five (5)
miles per hour solely for the purpose of commencing or ending the
ride. -
§ 32-35. Water skiers.
A. No person shall operate a vessel for towing a person on
water skis, a surfboard or similar device unless there is in
such boat or vessel a person, other'than the operator, of at
least ten (10) years- of age, in a position to observe the
progress of the person being towed. [Amended 3-7-611
B. No person shall ride on water skis, a surfboard or similar
device, or use or operate a boat to tow a person thereon, be-
tween the period of one (1) hour after sunset and one (1)
hour after sunrise. [Amended .3-7.61]
C. No person shall ride on water skis, a surfboard or similar
device, or use or operate a boat to tow a person thereon,
within one hundred fifty (150) feet of any public or semi-
public bathing beach or public dock or within fifty (50) feet -
of any swimmer or bather; -nor shall any such persons
engaged in such activities come within three hundred (300)
feet of the shoreline unless they approach or depart per -
3206 9-25-81
§ 32-35 BOATS, DOCKS AND WHARVES § 32-38
pendicularly to or from,the shoreline solely for the'purpose
of commencing or ending the ride.
§ 32-36. Speed limits; manner of operation.
A. The Town Board of the Town of Southold may, by
resolution, limit the speed of boats in any waters to which
this Article applies and shall cause notice of such speed
limit to be posted at appropriate places in the areas af-
fected. Any person who shall operate a boat in such areas
at a greater speed than the speed specified in such notice
shall be deemed to have violated this Article.
B. Every person operating a boat shall at all times operate the
same in a careful and prudent manner and at such a rate of
speed as not to unreasonably interfere with the free and
proper use of the waters or unreasonably endanger any
person or property.
§ 32-37. Internal-combustion engines; mufflers.
A. No boat propelled by an internal-combustion engine shall
be operated on any inland fresh waters in the Town of
Southold except in emergency or rescue operations or by
peace officers in the performance of their duties. [Added 8-
10-711
B. No person shall operate a boat propelled wholly or partly
by an engineoperated by the explosion of gas, gasoline,
naphtha or other substance without having the exhaust
from the engine run through a muffling device so con-
structed and used as to muffle the noise of the exhaust in a
reasonable. manner.
§ 32-38. Aquatic events.
Nothing herein contained shall prohibit the Town Board of the
Town of Southold from issuing special permits for aquaticevents,
boat races or other such events under proper supervision in
limited areas for limited periods.
3207 9-25-81
§ 32-39 SOUTHOLD CODE - § 32-41
§ 32-39. - (Reserved)'
ARTICLE IV
Administration and Enforcement
[Adopted 6-23-81 by L.L. No. 3-19811
§ 32-40.: Enforcing officer..
Is
It shall be the duty of the Bay Constable and his deputies and
assistants to administer and enforce - the provisions of this
chapter.
§ 32-41. Notice of violation.
A: Whenever ,the Bay Constable has reasonable grounds to
believe that operations regulated hereby are being con-
ducted in violation of the provisions of this chapter or not
in compliance with • a permit issued pursuant to this
chapter,he may notify the owner of the property or the
owner's agent or the person performing such operations to
suspend all operations, and any such person shall forthwith
cease operations. until such notice of violation has been
rescinded.
B. Such,notice shall be in writing, shall specify the violation
and shall state. the conditions which must be complied with
and the time within which compliance must. be completed
before operations may be resumed. Such notice shall also
inform the person to whom it is directed of his right to
.apply for a hearing before the Board of Trustees of the
Town Southold, as hereinafter provided.
C. Such notice shall be. served upon the person to whom it is
directed by delivering it to him personally or by posting
the same in a conspicuous place on the premises where
operations are being conducted and mailing a copy thereof ,
to such person by certified mail to his last known address.
Editor's Note: Former § 32.39, Penalties for offenses, amended 7.31.13 by L.L. No.
1.1973, was repealed 8-23=81 by L.L. No. 3-1981.
3208 9-25-81
§ 45-401 FIRE PREVENTION § 45-401
(b) Combustible waste and refuse shall be stored in:
[1] Containers constructed of noncombustible
materials, equipped with tight -fitting covers;
[2] Bins constructed of noncombustible
materials, equipped with self-closing covers
• or covers that close automatically in case of
fire inside the bin;
[3] Rooms designed for such storage; or
[4] Isolated areas outside buildings, suitable for
such storage.
(c) Combustible waste and refuse shall be properly
stored or disposed of to prevent unsafe ac-
cumulations.
(2) Combustible decorations. In spaces of Group C5
occupancy classification, dockside vessels serving as
buildings and tents and air -supported structures, it is
prohibited to install, maintain or use materials such as
vegetation, bunting, cotton batting, plastic cloth,
textile, excelsior, paper or other combustible materials
for decorative purposes, unless such materials have
been made flame -resistant.
(3) Cleaning compounds.
(a) Only water solutions, detergents or non-
combustible floor -sweeping compounds and
grease absorbents shall be used for cleaning
floors.
(b) The use of sawdust or similar combustible
• materials to soak up combustible or flammable
liquids spilled or dropped from machinery or
processes on floors is prohibited.
(4) Portable heaters.
(a) Portable heating equipment using kerosene or
other flammable liquids shall be permitted,
4563 8-25-80
§ 45-401 SOUTHOLD CODE § 45-403
provided that the same complies with applicable
state laws.
(b) Portable heaters shall be appropriately located
with respect to combustible materials and
maintained in proper operating condition.
(c) Portable electric heaters shall be equipped with
automatic shutoff devices for safety purposes in
the event of tip -over.
§ 45402. Equipment.
Firesafety equipment, including fire extinguishing, fire warning
and standpipe systems, shall be maintained operable at all times
and under all weather conditions except during repairs. The Fire
Department shall be notified whenever such equipment is out of
service.
§ 45-403. Signs and instructions.
A. Firesafety signs include, among others: occupancy signs,
limiting the maximum number of occupants permitted in
public areas; "no smoking" signs, prohibiting smoking in
areas where conditions exist which make smoking a fire
hazard; "danger" signs, alerting persons to areas where
special danger of fire or explosion exists; and elevator
warning signs, instructing occupants to use exit stairs in
case of fire.
B. Firesafety signs shall be posted on premises as specified in
Subsection A of this section.
C. Posted firesafety signs shall be complied with. •
D. No posted firesafety sign shall be removed, defaced or
destroyed except for replacement purposes or when the
condition which the sign was intended to identify is no
longer present or when the information conveyed by the
sign is no longer necessary
4564 8-25-80
§ 52-53 HOUSING § 52-53
(2) Rooms containing fuel -burning equipment shall have
such air supply provided by means of one (1) or more
openings to the exterior or by means of fixed openings
to interior spaces which open to the exterior.
H. Removal of products of combustion.
(1) Equipment for burning solid or liquid fuel shall be
connected to suitable chimneys or flues and shall not
• be connected to gas vents. Unvented heaters burning
liquid fuel shall be prohibited.
(2) Fuel -burning space heaters located in sleeping rooms
or rooms normally kept closed shall be connected to a
suitable chimney, flue or gas vent.
(3) Gas-fired equipment shall be connected to a suitable
chimney, flue or gas vent when the discharge of
products of combustion into the space where the
equipment is installed would be a hazard.
I. Safety devices.
(1) Equipment capable of developing hazardous pressures
or temperatures shall be provided with means to
relieve safely such pressures and temperatures.
(2) Controls for the safe operation of automatically
operated heat -producing equipment shall be provided
to function as follows:
(a) When failure or interruption of flame or ignition
occurs, the fuel supply shall be cut off.
(b) When a predetermined temperature or pressure is
exceeded, the input of additional heat shall be
prevented or reduced to a safe rate.
• (c) When the water level in a steam boiler drops
below a predetermined level, the fuel supply shall
be cut off.
(d) When failure or interruption of the pilot light or
main burner of liquefied petroleum gas equipment
occurs, the fuel supply to each pilot light and
main burner shall be cut off.
5225 5-25-82
§ 52-53 SOUTHOLD . CODE § 52-55
J. Approved portable kerosene heaters. Notwithstanding any
other provisions of this chapter, approved portable
kerosene heaters, as defined in Article 7-A of the Real
Property Law; are permitted, provided that such heaters
comply with the provisions of such law. [Added 3-9-82 by
L.L. No. 1-1982]
§ 52-54. Chimneys, flues and gas vents. •
A. General requirements.
(1) Chimneys, flues, gas vents and their supports shall be
installed and maintained so as to be structurally safe,
durable; smoketight, noncombustible and capable- of
withstanding the action of flue gases without soften-
ing, cracking, corroding or spalling.
(2) Such facilities shall effectively convey the products of
combustion to .the outer air.
(3) Masonry chimneys, except approved prefabricated'
chimneys, shall have noncombustible foundations.
(4) . Flue linings shall be capable of withstanding the
action of, flue gas without softening, cracking,
corroding or spalling at the temperature to which they
will be subjected.
(5) Openings for smoke pipes or gas vent connections
shall -be provided with means for easy connection
without restriction of flue.
B. Fire safety. Chimneys,-, flues and gas vents shall be in-
stalled and maintained so that under conditions of use the
temperature of any combustible material adjacent thereto,
insulated therefrom or in contact therewith does not exceed •
a safe temperature.
§ 52-55. Incinerators.
A. General requirements. Incinerators shall be of adequate
capacity for the intended use.
5226 5-25.82
§ 52-56 HOUSING § 52-56
§ 52-56. Electrical systems and equipment.
A. General requirements.
(1) Electrical wiring and equipment shall be installed in
conformity with generally accepted standards and
maintained so as not to be a potential source of
• (Cont'd on page 5227)
•
5226.1 5-25-82
§ 77-202 SHELLFISH § 77-203
C. Shellfish may be taken from town waters for non-
commercial purposes by a permanent resident or taxpayer
upon first obtaining a permanent resident or taxpayer's
Permit therefor from the Town Clerk of the Town of
Southold. [Amended .7-7-82 by L.L. No. 5-1982]
D. Shellfish may be taken from town waters for non-
commercial purposes without obtaining a permit therefor
by a guest when accompanied by a permanent resident in
whose . dwelling such guest occupies living quarters,
provided that such permanent resident is the holder of a
valid shellfish permit. [Amended 7-7-82 by L.L. No. 5-1982]
E. No person not a permanent resident, a taxpayer, a tem-
porary resident or a guest accompanied by a permanent
resident shall take shellfish in any manner at any time from
town waters. [Amended 7-7-82 by L.L. No. 5-19821
F. The presence of shellfish in excess of the limits, or of less
size than that, set forth in this Article, found aboard any
boat or vessel in the waters of the Town of Southold, shall
be deemed presumptive evidence of a violation of this
Article. [Added 7-31-73]
G. Shellfish may be taken from town waters for non-
commercial purposes by a permanent resident under the
age of . fourteen (14) years without obtaining a permit
therefor. [Added 7-7-82 by L.L. No. ° 5-1982]
§ 77-203. Permit fee; expiration; display.
A. The fee for a commercial shellfish permit shall be five
dollars ($5.). Effective on and after January 1, 1982, the fee
• for a commercial shellfish permit shall be fifteen dollars
($15.). Such permit shall expire on December 31 of the year
of issuance. [Amended 7-7-82 by L.L. No. 5-19821
B. The fee for a temporary resident shellfish permit shall be
five dollars ($5.). Such permit shall be issued only for the
period of time that. such temporary resident occupies living
quarters within the Town of Southold. -
7705 9-25-82
§ 77-203 SOUTHOLD CODE § 77-204
C. The fee for a permanent resident or ,taxpayer shellfish
permit _shall be one dollar ($1.). Effective on and after
January 1, 1983, the fee for such permit shall be three
dollars ($3.). Such permit shall expire on December 31 of
the year of issuance. [Added 7-7-82 by L.L. No. 5-1982]
D. The holder of a shellfish permit shall carry the permit
assigned to him on his person while engaged in the per-
mit
er- •
mitted activities, and the failure of such holder to exhibit
his permit to an enforcement officer shall be presumptive
evidence that no valid permit has been issued to him.
§ 77-204. Scallops.
A. Scallops may not be taken from town waters during the
period from April 1 to the third Sunday in September in
each year, both dates inclusive.
B. Subject to the provisions of this. section, during the period
from the first Monday after the third Sunday in September
to October 9 in each year, both dates inclusive, not more
than one-half (1/2) bushel of scallops may be taken from
town waters in any one (1) day by hand or with a scalp net.
[Amended 7-7-82 by L.L. No. 5-19821
C. Subject to the provisions of this section, during the period
from October 10 to March 31, both dates inclusive, scallops
may be taken from town waters with a dredge or scrape
having an opening at the mouth of not more than thirty-six
(36) inches in width when towed by a boat operated by
mechanical power or other means, provided that such
dredge or scrape is brought aboard the boat by hand
power without the use of a mechanical device.
D. Subject to the provisions of this section, a permanent •
resident, 'a taxpayer, a temporary resident or a guest, when
accompanied by a permanent resident, may take from town
waters not more than one-half (1/2) bushel of scallops in any
I Editor's Note:" This local law also provided for the renumbering of former Sub-
section C to become Subsection D.
7706 9-25-82
§ 92-41 VEHICLES AND TRAFFIC § 92-41
Name of Street Side Location
Love Lane
West
In Mattituck, from the north
[Added 8-12-80 by
curbline of Sound Avenue north-
L.L. No. 4-19801
erly for a distance of 75 feet
Main Street
West
Between a point 50 feet north
(Village Lane)
of the northerly curbline of
•
Orchard Street and a point 675
feet southerly thereof
Main Street
East
Between New York Route 25
(Village Lane)
and Orchard Street
Marratooka Land
West
Between Peconic Bay and Park
Avenue
Mechanic Street
East
Between Main Street (New York
Route 25) and Mechanic Street
East
New Suffolk Avenue
Both
At Mattituck, from the south -
[Added 9-21-76.by
erly. curbline , of .New -.York
L.L. No. 4-19761
Route 25 easterly 'for' a dis-
tance of 500 feet
New Suffolk Avenue
Both
At Halls Creek Bridge, Downs
[Added 9-21-76 by
Creek Bridge and West Creek
L.L. No. 4-1976]
Bridge for a distance of 250
feet easterly and westerly
from the center lines of said
bridges
North Bay View Road
'Both
In Southold, for a distance of
450 feet easterly and westerly
from the center line of Goose
Creek Bridge
Peconic Bay Boulevard Both
At Mattituck, for a distance
• [Added 9-21-76 by -
of 250 feet easterly and west-
L.L. No. 4-1976]
erly from the center line of
Brushs Creek Bridge
Peconic Bay Boulevard North
At Mattituck, from New York
[Added 9-21-76 by
Telephone pole No. 22 easterly
L.L. No. 4-1976]
650 feet to New York Tele-
phone pole No. 16
9228.1
9-25-82
§ 92-41 SOUTHOLD CODE § 92-42
Name of Street Side Location
Pike Street South
In Mattituck, from the easterly
[Added 8-12-80 by
curbline of Westphalia Road
L.L. No. 4.19801
easterly for a distance of 12
feet
Reeve Avenue [Added 9-21-76
by L.L. No. 4-1976; repealed 8-12-
80 by L.L. No. 4-19801
Seventh Street East
Between Main Street (New York
Route 25) and Corwin Street
Terry Lane North
At Southold, from the east -
[Added 7-7-81 by
erly curbline of Hobart Road
L.L. No. 4-19811
easterly for a distance of
142 feet
Terry Lane South
At Southold, from the extension
[Added 7-7-81 by
southerly of the east curbline of
L.L. No. 4-1981]
Hobart Road easterly for a dis-
tance of 127 feet
Youngs Avenue East At Southold, from the southerly
[Added 7-20-82 by curbline of Route 25 southerly for
L.L. No. 6-19821 a distance of 181 feet
§ 9242. Parking prohibited during certain hours. [Added 7.31-
731
The parking of vehicles is hereby prohibited between the hours
indicated in any of the following locations:
Between the
Name of Street Side Hours of Location
Bailie Beach Road Both 10:00 p.m. and In Mattituck, from
[Added 9-21.76 by 7:00 a.m. Long Island Sound
L.L. No. 4-1976] southerly for a dis-
tance of 500 feet
Bay Avenue [Repealed 8-12-80 by L.L. No. 4-1980]
9228.2' 9-25-81
•
•
§ 92-42 VEHICLES AND TRAFFIC § 92-42
Between the
Name of Street .
Side .Hours of
Location
Bay Avenue
Both 10:00 p.m. and
In Mattituck, be -
7:00 a.m.
tween Peconic Bay
and Peconic Bay
Boulevard
• Breakwater Road
Both 10:00 p.m. and
In Mattituck, from
[Added 9-21-76 by
7:00 a.m.
Mattituck Park
L.L. No. 4-1976]
District north
boundary line
southerly for a dis-
tance of 250 feet
(Cont'd on page 9229)
9228.3 9-25-82
•
•
§ 92-42 VEHICLES AND TRAFFIC § 92-42
Nance of Street Side
Budd's Pond Road Both
[Added 7-7-82 by
L.L. No. 4-1982]
Duck Pond Road Both
[Added 9-21-76 by
L.L. No. 4-19761
Haywaters Road. Both
Indian Neck Lane _ Both
[Added 8-12-80 by
L.L. No. 4-1980]
Inlet Drive Both
[Added 9-21-76 by
L.L. No. 4-19761
Lighthouse Road Both
Manhanset Avenue Both
Between the
Hours of Location .
10:00 p.m. and
In Southold, from
7:00 a.m.
the guardrail as
the southerly ter-
minus northerly for
a distance of 100
feet
10:00 p.m. and
In Cutchogue, from
7:00 a.m.
the guardrail at the
northerly terminus
southerly for a dis-
tance of 400 feet
10:00 p.m. and
In Cutchogue, from
7:00 a.m.
Peconic Bay east-
erly for a distance
of 230 feet
10:00 p.m. and
In-Peconic,' from,
7: 00 a.m.
the guardrail at the
southerly end
northwesterly for
a distance of
200 feet
10:00 p.m. and
In Mattituck, from
7:00 a.m.
the northerly curb -
line of Sound Beach
Drive northerly to
Long Island Sound
10:00 p.m. and
In Southold, from
7:00 a.m.
the guardrail at the
northerly terminus
southerly for a dis-
tance of 200 feet
10:00 p.m. and
In Greenport, from
7:00 a.m.
Peconic Bay to In-
let Lane and the
public parking lot
adjacent thereto
9229 9-25-82
§ 92-42 SOUTHOLD CODE
Between the
Name of Street Side Hours of
Nassau Point Road Both 10:00 p.m. and
7:00 a.m.
Oaklawn Avenue Both 9:00 a.m. and
4:00 p.m., ex-
cept on Satur-
days, Sundays
and holidays
Pine Neck Road Both 10:00 p.m. and
7:00 a.m.
Rambler Road Both 10:00 p.m. and
[Added 9-21-76 by 7:00 a.m.
L.L. No. 4-19761
Reeve Avenue East 4:00 p.m. and
[Added 8-12-80 by 7:00 p.m. Sat-
L.L. No. 4-19801 urdays;
7:00 a.m. and
1:00 P.M. Sun-
days
Rocky Point Road Both 10:00 p.m. and
7:00 a.m.
Shipyard Lane Both 10:00 p.m. and
[Added 5-4-82 by 7:00 a.m.
L.L. No. 2-19821
§ 92-42
Location
In Cutchogue, from
Peconic Bay east-
erly for a distance
of 170 feet
For a distance of
300 feet southerly
of the south curb -
line of Main Street
(New York Route
25)
In Southold, from
Peconic Bay to
North Bay View
Road
In Southold, from
and including its
intersection with
Watersedge Way
northeasterly for a
distance of 150 feet
In Mattituck, from
the southerly curb -
line of New York
Route 25 southerly
for a distance of
500 feet
In East Marion,
from the guardrail
at the northerly
terminus to Aqua -
view Road
In East Marion,
from the guardrail
at the southerly
terminus northerly
for a distance of
160 feet
9230 9-25-82
•
•
§ 100-20.
§ 100-21.
§ 100-22.
§ 100-23.
District designations.
Zoning Map.
District boundaries.
Effect of establishment of districts.
ARTICLE III
A Residential and Agricultural District
• § 100-30. Use regulations.
§ 100-31. Bulk, area and parking requirements.
§ 100-32. Accessory buildings.
§ 100-33. . Established front yard setback.
§ 100-34. Substandard lots.
§§ 100-35 through 100-36. (Reserved)
10001 4-25-83
ZONING
Chapter 100
ZONING
•
ARTICLE I
General
Provisions
§ 1004.
Title.
§ 100-10.
Purposes.
§ 100-11.
Conflicts.
§ 100-12.
Exceptions.
§ 100-13.
Definitions.
ARTICLE II
Districts
§ 100-20.
§ 100-21.
§ 100-22.
§ 100-23.
District designations.
Zoning Map.
District boundaries.
Effect of establishment of districts.
ARTICLE III
A Residential and Agricultural District
• § 100-30. Use regulations.
§ 100-31. Bulk, area and parking requirements.
§ 100-32. Accessory buildings.
§ 100-33. . Established front yard setback.
§ 100-34. Substandard lots.
§§ 100-35 through 100-36. (Reserved)
10001 4-25-83
SOUTHOLD CODE
ARTICLE IV
M Light Multiple -Residence District
§ 100-40. Use regulations.
§ 100-41. Bulk, area and parking requirements.
§ 100-42. Livable floor area. •
ARTICLE V
M-1 General Multiple -Residence District
§ 100-50. Use regulations.
§ 100-51. Bulk, area and parking requirements.
§ 100-52. Building length and separation.
§ 100-53. Livable floor area.
ARTICLE VI
B Light Business . District
§ 100-60. Use regulations.
§ 100-61. Bulk, area and parking, requirements.
§ 100-62. Retail shopping centers.
§ 100-63. Uses confined to enclosed buildings.
ARTICLE VII
B-1 General Business District
§ 100-70. Use regulations.
§ 100-71. Bulk, area and parking requirements. •
ARTICLE VIII
C Light Industrial District
§ 100-80. Use regulations.
§ 100-81. Bulk, area and parking requirements.
10002 4-25-83
§ 100-30 ZONING § 100-31
30B(2), (3), (4), (6), (7) and (10) hereof, not more
than thirty-two (32) square feet in area, located
not less than five (5) feet from any street or lot
line.
(f) Such other signs as may be authorized as a
special exception by the Board of Appeals as
• hereinafter provided.
(7) [Added 5-29-731 Yard sales, attic sales, garage sales,
auction sales or similar -type sales of personal property
owned by the occupant of the premises and located
thereon, subject to the following requirements:
(a) Not more than one (1) such sale shall be con-
ducted 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 three by four (3 x 4) 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 is obtained therefor from the Building
Inspector upon -the payment of a fee of fifteen
dollars ($15.).
§ 100-31. Bulk, area and parking requirements.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the A Residential and
Agricultural District unless the same conforms with the Bulk and
Parking Schedule incorporated into this chapter by reference,
with the same force and effect as if such regulations were set forth
herein in full.'
I Editor's Note: The Bulk and Parking Schedule is included at the end o4 this
chapter.
10027 4-25-83
§ 100-32 SOUTHOLD CODE § 100-36
§ 100-32. Accessory buildings.
In the A Residential and Agricultural District, accessory
buildings and structures or other accessory uses may be located in
the required rear yard, subject to the following requirements:
A. Such buildings shall not exceed eighteen (18) feet in height.
B. Such buildings shall be set back not less than three (3) feet •
from any lot line.
C. All such buildings in the aggregate shall occupy not more
than forty percent (40%) of the area of the required rear
yard.
§ 100-33. Established front yard setback. [Amended 5-29-73]
Where property in the vicinity is improved with permanent
dwellings with a front yard area of less than that required by the
provisions of this chapter, the front yard setback shall be the
average setback of the existing dwellings within three hundred
(300) feet of the proposed dwelling on the same side of the street,
within the same block and the same use district.
§ 100-34. 'Substandard lots. [Added 5-29-73; amended 2-1-83 by
L.L. No. 2-19831
In the A District, in the case of a lot held in single and separate
ownership prior to November 23, 1971, and thereafter, with an
area of not less than twelve -thousand five hundred (12,500) square
feet and a width of not less than one hundred (100) feet, a single-
family dwelling may be constructed thereon with rear and side
yards reduced by twenty-five percent (25%) with a front yard
setback of thirty-five (35) feet or the average setback of the
existing dwellings within three hundred (300) feet therefrom on
the same side of the street within the same block, whichever is
greater.
§§ 100-35 through 100-36. [Reserved]'
Editor's Note: Former § 100.34, Corner lots, and former § 100.85, fences, walls and
hedges, were renumbered as §§ 100.119 and 100.119.1, respectively, 2.1.83 by L.L. No. 2-
1983. Said local law also redesignated former § 100.30 as § 100.84.
10028 4-25-83
BULK AND PARKING SCHEDULE
A Residence
District'
Multiple -Residence
Single- Two-
Districts
Business Districts
Industrial Districts
Minimum
Family Family
M M-1
B B-1
C
C-1
Requirements
Dwelling Dwelling
Light General
Light General
Light
General
Total lot area (sq. ft.)
40,000 80,000
40,000 80,000
20,000 30,000
40,000
200,000
Lot width (ft.)
1502 270
135 200
80 150
200
300
Lot depth (ft.)
175 250
Front yard (ft.)
50 50
50 50
35 35
503
150
One side yard (ft.)
15 25
15 20
25
30
50
Both side yards (ft.)
35 45
35 45
50
80
100
Rear yard (ft.)
50
50 50
25 35
50
100
Livable floor area (sq.
850 850
See Arti- See Arti-
— —
—
—
ft.) per dwelling unit
cle IV cle V
Off-street parking spaces
2 3
See Arti- See Arti-
See Arti- See Arti-
See Arti-
See Arti-
per dwelling unit
cle IV cle V
cle VI cle VII
cle VIII
cle IX
Maximum
Permitted
Lot coverage (percent)
20 20
25 25
See Arti- See Arti-
See Arti-
See Arti-
cle VI cle VII
cle VIII
cle IX
Building height:
Number of stories
2% 2%
21,! 21h
2 2
2
2
Feet
35 35
35 35
30 35
35
.35
' Editor's Note: The original schedule contained separate provisions for lots with public water and sewer facilities and lots
without public water and sewer facilities In A Residence Districts. The columns containing provisions applicable to lots with
public water and sewer facilities
were deleted 5-29.73,
thus making the provisions appearing below
applicable to all lots in A
Residence Districts without regard to whether or not they were served with public water and sewer facilities.
^� 2 [Amended 5.29-73]
cn ' [Amended 5.30.75 by L.L. No. 3.19751
v
rn
SUBDIVISION OF LAND
Chapter A106
SUBDIVISION OF LAND
® ARTICLE I
General Provisions
§ A106-10. Authority of Planning Board.
§ A106-11. Declaration of policy.
§ A106-12. Short title; adoption.
§ A106-13. Definitions.
ARTICLE II
Procedures
I§ A106-20. General requirements.
§ A106-21. Sketch plan.
§ A106-22. Approval of minor subdivision.
§ A106-23. Preliminary plat for major subdivision.
§ A106-24. Final plat for major subdivision.
§ A106-25. Required improvements.
§ A106-26. Filing of final plat.
§ A106-27. Public streets; recreation areas.
• ARTICLE III
Design Standards
§ A106-30. Standards to be minimum requirements.
§ A106-31. General requirements.
§ A106-32. Street layout.
A10601 12-25-80
SOUTHOLD CODE
§ A106-33. Street -design.
§ A106-34. Street names.
§ A106-35. Lots.
§ A106-36. Drainage improvements.
§ A106-37. Other improvements. •
§ A106-38. Parks, open spaces, school sites and natural features.
ARTICLE IV
Documents to be Submitted
§ A106-40. Sketch plan.
§ A10641. Minor subdivision plat.
§ A106-42. Major subdivision preliminary layout.
§ A10643. Major subdivision plat.
ARTICLE V
Variances and Waivers
§ A106-50. Variations in cases of hardship.
§ A106-51. Waivers of required improvements.
§ A106-52. Board to impose conditions.
§ A106-53. Approval of Board of Appeals actions.
[HISTORY: Adopted by the Planning Board of the Town of
Southold 9-6-67; approved by the Town Board of the Town of •
Southold 9-26-67. Sections A106-13, A106-27, A106 -38F and
A106 -42A amended during codification; see Ch. 1, General
Provisions, Article II. Other amendments noted where ap-
plicable.]
Soil removal — see Ch. 81.
Wetlands — See Ch. 97.
Zoning — See Ch. 100.
GENERAL REFERENCES
A10602 12-25-80
§ A106-13 SUBDIVISION OF LAND § A106-13
purpose of relieving traffic on the major highway at the
points of crossing.
STREET, MAJOR — A street or highway of great con-
tinuity which serves or is intended to serve as a major
traffic artery within the town or county, or both, and which
is. designated on the Town Plan as a main arterial highway,
major thoroughfare, parkway or other equivalent term to
identify those streets comprising the basic structure of the
street plan.
STREET, MINOR — A street supplementary to a major
street and of limited continuity which serves or is intended
to serve the local needs of a neighborhood or a section
thereof.
STREET OR RIGHT-OF-WAY WIDTH — The distance
between property lines; measured at right angles to the
center line of the street.
STREET, SECONDARY — A street or road of con-
siderable continuity which serves or is intended to serve as
the principal or collector trafficway between large and
separated areas or districts and which is the main means of
access to the major street or primary road system.
SUBDIVIDER or APPLICANT — Any person, firm,
corporation, partnership or association who shall lay out,`
for the purpose of sale or development, any subdivision or
part thereof, as defined herein, either for himself or others.
SUBDIVISION [Amended 9-23-80]:
A. The division of any parcel of land into two (2) or more
lots, plots, blocks, sites or other divisions of land, with
or without streets or highways, including any ex-
tension of any existing street, for the purpose, whether
immediate or future, of sale or building development,
and including resubdivision; provided, however, that
the term "subdivision" shall not include the setoff or
creation of a single lot from a parcel of land, provided
that before any such setoff or creation shall take place,
the owner shall submit such proposal to the Planning
A10607 12-25--80
§ A106-13 SOUTHOLD CODE § A106-13
Board for its approval and determination. of whether
such setoff or creation constitutes a subdivision. In
making such determination, the Planning Board shall
give consideration, among other things, to:
(1) Whether the lot to be set off is of such character
as to be suitable for the intended purpose without
danger of flood or other perils. •,
(2) Whether adequate provision is or will be made for
drainage, water supply, sewer disposal and other
necessary utilities and improvements.
(3) Whether the lot to be set off is of such size as to
conform with the present or future development
of neighboring lands.
(4) Whether the proposed set off will be consistent
with the present or future street layout of the
neighborhood.
(5) Whether the proposed set off will require the
extension of municipal facilities or services.
(6) Whether the proposed set off will be in harmony
with the future growth and development of the
town.
(7) Whether adequate means of access and off-street
parking are provided.
(8) Whether the proposed set off will adversely affect
the present or future uses of neighboring lands.
B. If the Planning Board grants approval to set off a lot
as hereinbefore provided, it may impose such con-
ditions as it deems necessary or appropriate. •
SUPERBLOCK — A block of exceptionally large size in
both dimensions, with access to interior lots by culs-de-sac
branching in from surrounding streets and providing one
(1) or more open spaces.
SURVEYOR — A person licensed as a land surveyor by
the State of New York.
A10608 12-25-80
§ A106-42 SUBDIVISION OF LAND § A106-42
§ A106-42. Major subdivision preliminary layout.
The following documents shall be submitted for conditional
preliminary layout approval:
A. [Amended 5-8-73] Twelve (12) paper prints of the
preliminary layout, prepared at a scale of not more than
one hundred (100) feet to the inch, showing:
(1) The proposed subdivision name; name of town and
county in which it is located; date; true North point;
scale; name and address of record owner, subdivider
and engineer or surveyor, including license number
and seal.
(2) The names of all adjoining subdivisions and/or the
names of the owners of record of all adjoining prop-
erty.
(3) The zoning district, including exact boundary lines of
district if more than one (1) district.8
(4) All parcels of land proposed to be dedicated to public
use and the conditions of such dedication.
(5) Location of existing property lines, easements,
buildings, watercourses, marshes, rock outcrops,
wooded areas, single trees with a diameter of twelve
(12) inches or more as measured three (3) feet above
the base of the trunk, and other significant existing
features in the proposed subdivision and adjacent
property.
(6) Location of existing sewers, water mains, culverts and
drains on the property, with pipe sizes, grades and
direction of flow.
(7) Contours at intervals of two (2) feet, and elevations of
existing roads at one -hundred -foot intervals; ap-
proximate grading plan if natural contours are to be
changed more than two (2) feet.
(8) The width and location of any streets or public ways or
places shown on the Official Map or the Master Plan,
8 Editor's Note: See Ch. 100, Zoning.
A10633 2-25-76
§ A106-42 SOUTHOLD CODE § A106-42
if such exist, within the area to be subdivided, and the
width, location, grades and street profiles of all streets
or public ways proposed by the developer.
(9) The approximate location and size of all proposed
water lines, valves, hydrants and/or firewells, sewer
lines and fire alarm boxes; connections to existing
lines or alternate means of water supply or sewage •
disposal and treatment, as provided in the Public
Health Law; and profiles of all proposed water and
sewer lines. [Amended 12-9775]
(10) A storm drainage plan indicating the approximate
location and size of proposed lines and their profiles;
connections to existing lines or to stormwater
recharge basins.
(11) Plans and cross sections showing the proposed
location and type of sidewalks, streetlighting stan-
dards, street trees, curbs, water mains, sanitary
sewers and storm drains, recharge basins, and the size
and type thereof; the character, width and depth of
pavements and subbase; the location of manholes,
catch basins and underground conduits.
(12) Preliminary designs of any bridges or culverts which
may be required.
(13) The proposed lot lines with approximate dimensions
and suggested location of buildings.
(14) An actual field survey of the boundary lines of the
tract, giving complete descriptive data by bearings
and distances, made and certified to by a .licensed
engineer or land surveyor. The corners of the tract
shall also be located on the ground and marked by
substantial stone monuments or concrete of such size
as approved by the Town Superintendent of High-
ways, and shall be referenced and shown on the plat.
B. If the application covers only a part of the subdivider's
entire holding, a map of the entire tract, drawn at a scale of
not less than one hundred (100) feet to the inch, showing an
outline of the platted area with its proposed streets and
indications of the probable future street system with its
A10634 2-25-76
SUBDIVISION SOF LAND - § A1065I'
deemed necessary by the surveyor. The, error of
closure shall not exceed one (1) to ten thousand
(10,000).
(7) Computed area of all lots in square feet.
(8) The location of all permanent monuments.
® (9) Proposed street names as directed by the Board,
section, block and lot numbers as directed by the
Town Assessor and house numbers as directed by the
Building Department.
(10) Designation and purpose of all areas to be dedicated or
reserved for public use and of any streets which are
not to be dedicated.
(11) Location, width and, purpose of all easements.
(12). The, proper form for the approval of the Planning.
Board, with space for Board members' signatures and
those of other required officials.
ARTICLE V
Variances and Waivers
§ A106-50: Variations in cases of hardship.
Where the Planning Board finds that extraordinary and un-
necessary hardships may result from strict compliance with these
regulations, it may vary the regulations so that substantial
justice may be done and the public interest secured, provided that
such variations will not have the effect of nullifying the intent and
purpose of the Official Map, the Master Plan or the Zoning Or-
dinance, if such exist.10
• § A106-51. Waivers of required improvements.
Where the Planning Board finds that, due to the special cir-
cumstances of a particular plat, the provision of certain required
improvements is not requisite in the interest of the .public health,
safety and general welfare, or is inappropriate because of
inadequacy or lack of connecting facilities adjacent or in
10 Editor's Note: see Ch. 100, Zoning.
A10637
12-25-80
§ A106-51 SOUTHOLD CODE § A106-53
to the proposed subdivision, it may waive such
ts, subject to appropriate conditions.
§ A1106-52. Board to impose conditions.
In granting variances and modifications, the Planning Board
shall require such conditions as will, in its judgment, secure
subs antially the objectives of the standards or requirements so
varied or modified.
§ A�06-53. Approval of Board of Appeals actions. [Added 9-23-
80]
Heretofore and between the period from January 1, 1971, and
September 5, 1979, the Board of Appeals made certain deter-
minalions on appeals to it involving area variances and/or the
relocation of lot lines and/or the setoff of lots, all of such deter-
minations being set forth on a schedule caused to be compiled by
the Manning Board. Many of the Board of Appeals' deter-
minations on said schedule may have required approval by the
Planning Board. However, due to misunderstanding, inad-
vertence or oversight, the owners of the lands involved did not
thereafter apply to the Planning Board for its approval. In the
intervening time, many of the lands involved in such Board of
Appals determinations have been sold and/or built upon in
reliance upon the Board of Appeals' determinations and the
subsequent issuance of building permits and/or certificates of
occupancy. The Planning Board has reviewed all of the deter-
minVons set forth on the aforesaid schedule. In view of the
foregoing, the Planning Board (and the Town Board, as evidenced
by its approval of this amendment) determines that an extreme
hardship would be caused if such owners were, at this time,
required to obtain .approvals from the Planning Board. Ac-
cordingly, it is hereby determined that any Planning Board ap-
provals that may have been required with respect to the Board of
Appeals' determinations set forth on said schedule are hereby
deemed to have been granted with the same force and effect as if
the same had been submitted to and approved by the Planning
Boa�d in accordance with the applicable laws and regulations. It is
fort er determined that said schedule shall be endorsed by the
Cha�man of the Planning Board and filed in the Town Clerk's
offi4 simultaneously with the effective date'of this amendment.
A10638 12-25-80
SOUTHOLD SUPPLEMENTAL INDEX
—A— —H—
ALTERATION defined, 100-18
ARCHITECTURAL SIGNIFI-
CANCE defined, 56-3
—B—
BUILDING AREA defined, 100-13
_C_
COMMISSION defined, 56-3
CONDOMINIUM defined, 100-13
—D—
DEFINITIONS
Alteration, 100-13
Architectural significance, 56-3
Building area, 100-13
Commission, 56-3
Condominium, 100-13
.Exterior architectural features, 56-3
Historical significance, 56-3
Landmark, 56.3
Landmark designation, 56-3
Lot coverage, 100-13
Structure, 56-3
Taxpayer, 77-201
Yard, 100-13
DOGS; fees, 38-7
HISTORICAL SIGNIFICANCE de-
fined, 56-3
—L—
LANDMARK defined, 56-3
LANDMARK PRESERVATION
Definitions, 56-3
Designation of landmarks, 56-6
Landmark Preservation Commis-
sion, 56-4, 56-5
Purpose, 56-2 .
Review of permit applications, .56-7
Termination of landmark desig-
nation, 56-8
Title, 56-1
LANDMARK PRESERVATION
COMMISSION
Compensation, 56-4
Duties, 56-5
Landmark preservation, 56-4, 56-5
Meetings, 56-4
Membership, 56-4
Officers, 56-4
Terms of office, 56-4
LANDMARK PRESERVATION de-
fined, 56-3
LOT COVERAGE defined, 100-13
LOTS; zoning, 100-19
1307 O
MEETINGS; Landmark Preservation
—E— Commission, 56-4
MEMBERSHIP
EXTERIOR ARCHITECTURAL Landmark Preservation Com -
FEATURES defined, 56-3 mission, 56-4
—F— —N—
FEES NOTICES
Dogs, 38-7 Zoning, 100-152
FENCES, WALLS AND HEDGES;
zoning, 100.119.1
SI -1 4-25-83
SOUTHOLD SUPPLEMENTAL INDEX
—O—
OFFICERS AND EMPLOYEES;
L'�andmark Preservation Com-
1ission, 56-4
—P—
AND DUTIES •
.rk Preservation Com-
., 56-5
—S—
IES AND COMPENSATION
mark Preservation Com -
;ion. 56-4
and scrapes, 77-211.1
77-200.1
RE defined, 56-3
—T—
TAXPAYER defined, 77-201
TERMS OF OFFICE
Landmark Preservation Com-
mission, 56-4
—Y—
YARD defined, 100-13
—Z—
s, walls and hedges, 100.119.1
100-19
of proposed change of zone
ification, 100-152
100-9
SI -2 4.25-s3