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HomeMy WebLinkAbout1986 Code Supplement - 12/25/1986GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 37 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 adoption date of the most recent legislation included in this supplement is 12-2-86 (L.L. No. 16-1986). • The page numbers should always correspond with this list. REMOVE Officials Page, 1973 4803-4804 9205-9206 9219-9220 9228.1- 9228.2 9230.3 - 9230.4 9707-9708 9708.1 10039 -10042 10057 - 10058 Appendix A10609 - A10610 Q&"1141 Officials Page, 1987 4803-4804 9205-9206 9219-9220 9228.1 - 9228.2 - 9228.2.1 9230.3 -9230.4 9230.4.1 9707-9708 9708.1 10039 -10042 10057 - 10058 A10609 - A10610 A10610.1 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 11-1986; 12-1986; 13-1986; 14-1986; 15-1986:16- 1986; 12-2-86. 12 -2o -S6 is OFFICIALS OF THE TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road Southold, New -York 11971 Telephone: 516/765-1800 1987- is 987- FRANCIS J. MURPHY RAYMOND W. EDWARDS PAUL STOUTENBURGH JAMES A. SCHONDEBARE JEAN W. COCHRAN GEORGE L. PENNY, IV JUDITH T. TERRY ROBERT W. TASKER RAYMOND L. JACOBS Supervisor Town Justice Councilman Councilman Councilwoman Councilman Town Clerk Town Attorney Superintendent of Highways 12-25-86 § 48-2 GARBAGE, RUBBISH AND REFUSE § 48-3 (4) The engaging, in secondhand junk and auto parts activities and businesses when a license therefor has been obtained pursuant to, the provisions of- the Southold town, ordinance licensing _and regulating. secondhand junk and auto parts activities and • businesses.' § 48-3. Town refuse disposal area., A. No person shall deposit or .cause to be deposited in or on any refuse disposal area maintained by. the Town of Southold any substance of any kind except in the areas designatedb'y 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 such attendant'. 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 7-31-73] . C. No vehicle shall be permitted to transport, refuse into any refuse disposal area maintained by the Town of Southold unlesssuch vehicle displays a valid permit and/or license issued pursuant to the provisions of this chapter. [Added 7- 24-79 by L.L. No. 1-1979; amended 10-9-84 by L.L. No. 9- 19841 D. The attendant at the town refuse area is authorized to prohibit the disposal of discarded motor vehicles and/or discarded fuel • tanks at the refuse disposal area. [Added 7-15-86 by L.L. No: 749861 Editor's Note: See Ch. .54, dugkyards. 4803 9.25.86 § 48-4 SOUTHOLD CODE §A8-4 48-4 § 48-4. Fees; issuance and duration of permits and licenses. [Added 10-9-84 by L.L. No. 9-19842] A. The fees for the issuance of permits and/or licenses for vehicles transporting refuse into any refuse disposal area maintained by the Town of Southold shall be. as follows-. (1) Parking permit: for noncommercial vehicles of less than one -ton capacity owned by. a resident and/or taxpayer of the Town of Southold and transporting only household refuse, provided that such vehicle dispays a valid parking permit issued pursuant to the provisions of §65-3 .of the Code of the Town of Southold. (2) Per -load fee of fifty cents ($0.50) for each non- commercial vehicle of less .than .one -ton capacity, which possesses no permit. (3) Per -load -fee of fifteen dollars ($15.) for each single -axle 'truck which does not -possess a permit. (4) . Annual fee of twenty-five dollars ($25.) for each commercial vehicle transporting liquid septic waste, - together with an additional fee of one cent ($0.01) for each gallon of .liquid waste discharged. (5) Annual fee of twenty-five dollars ($25.) for -each commercial ' contractor's vehicle of less than one -ton maximum gross vehicle weight. (6) Annual fee of twenty-five dollars ($25.) for each farm " vehicle �of one -ton or more capacity transporting agricultural waste. (7) Per -load fee, of Itwenty-five dollars ($25.) for each double -axle truck which does not possess a permit. . (8) Annual fee of one hundred dollars ($100.) for each single -axle vehicle transporting solid waste. (garbage).-. (9) 'Annual fee of one hundred dollars ($100.) for .each . commercial contractor's vehicle.of more than one -ton capacity. s Editors Note: This local,law also renumbered former §§ 48-4 and 48-5 as §§ 48-5 and 48- 6, resp;Lctively. 4804 9-25-86 is 0 Direction Location 10! Stop Sign On' of Travel At Intersection With (hamlet) Airway Drive [Repealed 8-12-8.0' 'by L.L.`N6.A-19801 9 Albo Drive (north end) ..West. Bray Avenue Mattituck -Albo Drive (south'end) West Bray Avenue Mattituck Aldrich Lane':" North Second Avenue Mattitijek Aquaview Avenue?. Rocky Point Road East Marion Atlantic Avenue North Champlin Place Greenpqrt Bailey Avenue. Worth' Champlin Place Gree'nport �Bailie Beach Road East Reeve Avenue Mattituck Bayer Road West Wickham Avenue Mattituck Bayy!eiter Ave nue, West South Harbor Road Southold z Beebe.Driv'e East Eugene's Road Cutchogue Bergen Avenue East Cox Neck Road Mattituck 13ergen Avenue South Sound Avenue a, ttituck- Mattituck a .:Betts .:Betts Street South.. East Road Cutchogue Birch Drive South- Peconic Bay Boulevard Laurel -Booth Place South Washington Avenue Greenport .Booth Place North Wilmarth Avenue Gre'enport Booth Road North Soundview Avenue Southold Bray -Avenue-' South Peconic Bay Boulevard Laurel. Breakwater Road South' Cox Neck Road Mattituck coo .Broadwat ers Drive' North Skunk Lane (Bay Avenue) Cutchogue Broadwa'ters Road South Van8ton Road Cutch6gue. C? W O H O G 0 O d t�7 T w 0 Direction Location Stop Sign On of Travel At Intersection With (hamlet) Brower Road East Grand Avenue Mattituck Bungalow Lane ° West Marratooka Lane Mattituck Bunny Lane [Added 8=12-80 • South- New. Suffolk Avenue New,Suffolk by L.L. No. 4-19801 East Breakwater Drive Mattituck Carrington Road';`..' . ' '.. South Wunneweta.Road Cutchogue Carrington Road- East Haywater Road Cutchogue Carrington Road.' :: West Haywater Road Cutchogue Carrington Road - . ": North, . Vanston Road Cutchogue Carroll Avenue West Peconic Lane Peconic . . R. Cedar Avenue : West Main Bayview Road Southold ' Cedar Breach:Road_.,:. ,. East Paradise Point Road Southold Central Drive `. `.= :-: East . Inlet Drive Mattituck Central Drive, . West,__ Inlet Drive Mattituck Central, Drive.' East Luthers Road Mattituck Central:Drive , ' East Zena Road Mattituck Central Drive' . "I West Zena Road Mattituck Champliii Place ` ° ` `' West Main Street Greenport Champlin Place East Manhanset Avenue Greenport Champlin Place [Added 8-12-86 East Sterling Place Greenport N by L.L. No. 8-1986] ac Champlin Place [Added 8-12-86 West Sterling Place Greenport by L.L. No. 8-19861 W O H O G 0 O d t�7 T w 0 CD Z01- to L to 1p Co T Direction Location Yield Sign On of Travel At Intersection With (hamlet) Airway Drive [Added 8-12-80 North New Suffolk Avenue Mattituck by L.L. No. 4-19801 Anglers Road West Manhanset Avenue Greenport Bay Haven Lane [Added 8-12-80 East Main Bayview Road Southold by L.L. No. 4-19801 Bay Road South New Suffolk Avenue Cutchogue Bayberry Road East Wunneweta Road Cutchogue Bayer Road East Grand Avenue Mattituck Bayer Road West Grand Avenue Mattituck Bayer Road East Mary's Road Mattituck Baywater Avenue East Bayview Road Southold Beach Road East Manhanset Avenue Greenport Beckwith Avenue North Traveler Street Southold Beebe Drive East Deerfoot Path Cutchogue Betts Street North Fleetwood Road Cutchogue Birch Road North Soundview Avenue Southold Bennett Lane North Pine Neck Road Southold Blossom Bend South New Suffolk Avenue Mattituck Bridge Lane South Nassau Point Road Cutchogue Bungalow Lane South Park Avenue Mattituck Z01- to L to 1p Co T T W 1P w NO W w ba ti Direction Location Yield Sign On of Travel At Intersection With (hamlet) Cedar Road [Added 8-12-80 East New Suffolk Road Cutchogue by L.L. No. 4-19801 Center Street East Bungalow Lane Mattituck Center Street West Marratooka Road Mattituck -01earview Avenue [Amended West Main Bayview Road Southold 8-12-80 by L.L. No. 4-19801 Colony Road [Added 8-12-80 West Bayview Avenue Greenport by L.L. No. 4-19801 Custer Avenue East Bennett's Lane Southold W Custer Avenue West Bennett's Lane Southold cCuster Avenue West Gardiner's Lane Southold U Custer Avenue North Oaklawn Avenue Extension Southold Dayton Road South North Bayview Road Southold Deer Foot Path North Moose Trail Cutchogue Depot Lane [Repealed 9-21-76 by L.L. No. 4-1976] Dicks Point Road East Pinewood Road Cutchogue Dogwood Lane West Kenny's Road Southold Dogwood Lane South Soundview Avenue Southold Douglass Street East Narrow River Road Orient 00 Duck Pond Road [Repealed 9-21-76 by L.L. No. 4-1976] N a T W 1P w NO W w ba ti § 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. 4-1976] 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. 4-19761 Bridge for a distance of 250 feet easterly and westerly from the center lines of said bridges New Suffolk Road East At Cutchogue, from the southerly [Added 4-5-83 by curbline of Route 25 southerly L.L. No. 3-19831 for a distance of 400 feet New Suffolk Road West At Cutchogue, from the southerly • [Added 4-5-83 by curbline of Route 25 southerly L.L. No. 3-19831 for a distance of 385 feet North Bay View Road Both In Southold, for a distance of 450 feet easterly and westerly from the center line of Goose Creek Bridge 9228.1 8.26.83 § 92-41 SOUTHOLD CODE § 92-42 Name of Street Sidi— --Location Peconic Bay Boulevard Both . At Mattituck, for a distance [Added 9-21-76 by of 250 feet easterly and west- L.L. No. 4-19761 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. 4-19761 650 feet to New York Tele- phone pole No. 16 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. 6-1982] a distance of 181 feet • § 92-42. Parking prohibited during certain hours. [Added 7-31- 73] The parking of vehicles is hereby prohibited between the hours indicated in any of the following locations: 0228.2-- s-23-sa 0 0 9243 NameioU Street;, Duck Pond East; Road. [Added: by L.L. No. 9- 1-119.$5], Duck Pond West, Road: [Added;8- 1-2:-80.by L.L. No. 4,4980; amended 7r' 2=$5; ,4, L,b-, No! VEHICLES ANDTRAFFIC 92-43. Betweewthe. Time: HQ,Rrs,of, Limit, Lwatjoip 10:00',a.m. 2-.-hrs. In- Cijtqhog:,ue, from}; and the - gu _4rdrail: at, the 1.0!00 P.M. northerly terminus,; southerly fon.adis- tance-of.400-feet. 7:0 - O;a.rn. and; 2 - hr 's. 10:00,P.M. In. Cutchogue, fro.m the guardrail; at, the, northerly terminus. southerly for, -a, disr t4 e,of 4,QQ.feLet, ,,RQ I L ove.La e- Both. 8:Q0:a.m. and hrs. Between, l NpW Y.or,4 9230:3 91-25-85. 6:00 Route 25, axed; Pike. — 4 - -, _ Street; Dove Lane East 8:00--q.m. and- 5.min. In; Mgttituqk,, for,. 4, [Added -8- 6:00.pani,ex- distance,, of 48: feet_ , iz-40"by. cept, Sundgys qornmenc- writherly, L.L. No.. filg• from, a, ppip:k Mft.i 44980]: f0pt" .4p#k 9f, Op., northerly- cq;Wne! 9,k,, Daklawn Both; 8.: 0 A am ands 1: hr: Betv�reena a, ppinx:ppr ' Avenue 4:,QO,pjA.,ex- feet southerly of; the. ,q-ept,on,Sa - south: cqrb.!�ne, of turdays, Sun- Maim Street. (New,: days,an& York _4o4pq!25)i and; a, holidays. point, 7.001 feet south - 9230:3 91-25-85. § 92-43 SOUTHOLD CODE Name of Between the Time Street Side Hours of Limit Pike Both Street [Added 9- 21.76 by L.L. No. . 4-1976] Skunk Lane Both Extension [Added 8- 12-80 by L.L. No. 4-1980] 8:00 a.m. and 2 hrs. 6:00 p.m. § 92-44 Location erly of the south curbline of Main Street (New . York Route 25) Between Westphalia Road and a point 200 feet easterly of the east curbline of Love Lane 7:00 a.m. and 2 hrs. In Cutchogue, from 10:00 p.m. Peconic Bay west- erly for a distance of 150 feet § 92-43.1. Public parking lots. [Added 7-7-81 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. § 9244. Stopping prohibited at all times. [Added 8-12-80 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 Locust Lane Both In Southold, from the southerly [Added 8-13-85 by curbline of Route 25, southerly L.L. No. 13-19851 for a distance of 60 feet Love Lane East In Mattituck, from the north curb - line of Pike Street northerly for a distance of 20 feet 9230.4 . 1 9-25-e5 • • § 97-21 WETLANDS § 97-21 D. A description of the area from which the removal or in which the deposit of material is proposed, or in which structures are to be erected. The description shall be by bearing and distance and shall be based on a local coor- dinate system. The starting point of the description shall be appropriately referenced to a permanent reference point • or monument. E. The depth to which the removal or the deposit of material is proposed throughout the area of operations, and the proposed angle of repose of all slopes. F. The manner in which the material will be removed or deposited, or structures erected. , G. Such application shall be accompanied by a survey and topographical map with contours at one -foot intervals, showing the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations and soundings shall be based on the United States Coast and Geodetic Survey datum. H. A statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations. I. A statement describing any known prior operations conducted on the premises in question and whether any • prior licenses to permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. J. Documentary proof that all other necessary permits and approvals have been obtained. 9707 2-25-85 § 97-22 SOUTHOLD CODE § 97-24 § 97-22. Waiver of certain requirements [Amended 6-5-84 by L.L. No. 6-19841 The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, § 97-21D and G, where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary • for a proper consideration of a permit application. § 97-23. Fees. [Amended 11-15-83 by L.L. No. 13-1983; 6-5-84 by L.L. No. 6-19841 A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of fifty dollars ($50.), no portion of which shall be refundable. B. In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing the issuance of a permit, shall determine the amount of the inspection fees to be paid by the applicant to the Clerk upon the issuance of a permit, in accordance with § 97-25C hereof. § 97-24. Processing of application. [Amended 6-5-84 by L.L. No. 6-1984] A. Investigation. Upon receipt of the application, the Clerk shall forward one (1) copy thereof to the Conservation Advisory Council and one (1) copy to the Trustees. The Conservation Advisory Council shall review said ap- plication and the effect if any, on the wetlands and tidal waters of the town that may result from the proposed operations, and shall, within twenty (20) days of receipt of the same, forward its written report of findings and recom- • mendations with respect to such application to the Trustees. If the Conservation Advisory Council shall rec- ommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. B. Hearing. Upon receipt by the Trustees of the report of the Conservation Advisory Council, the Trustees shall hold a public hearing on.such application upon not less than ten 9708 2-25-85 § 97-24 WETLANDS § 97-26 (10) days' notice, to be published in one (1) or more newspapers having a general circulation in the town. C. Action. After the public hearing on such application, the Trustees shall either adopt a resolution directing the issuance of a permit or adopt a resolution denying the application therefor. A resolution directing the issuance of a permit may is be adopted only if the Trustees find that the proposed opera- tions will conform to the standards set forth in § 97-28 hereof. If the Trustees adopt a resolution denying an application for a permit, the reasons for such denial shall be set forth in such resolution. [Amended 3-26-85 by L.L. No. 6-1985] § 97-25. Issuance of permit: conditions; inspection fees. [Amended 6-5-84 by L.L. No. 6-19841 The Trustees may, upon the adoption of a resolution directing the issuance of a permit: A. Impose such conditions on the manner and extent of the proposed operations as it deems appropriate. B. Fix the time by which operations must be commenced and within which they must be completed. C. Require the payment of inspection fees in any case where it is determined that more than one (1) inspection is required to assure that operations are being conducted in ac- cordance with the permit. Such fees shall be in the amount of five dollars ($5.) for each such inspection. § 97-26. Liability insurance. [Amended 6-5-84 by L.L. No. 6- 19841 The applicant for a permit hereunder shall, before the issuance of said permit by the Clerk, file with the Clerk a certificate that (Cont'd on page 9709) 9708.1 2-25-85 § 100-55.6 ZONING § 100-55.6 applied for. Approval or approval with modifications shall be deemed as authority for the applicant to proceed with the detailed design of the proposed development in accordance with such concept plan and the procedures and requirements of this Article. A copy of the Town Board's determination shall be filed with the Planning • Board and a copy mailed to the applicant. A copy shall also be filed in the Town Clerk's office. If such determi- nation approves the establishment of a new AHD Dis- trict, the Town Clerk shall cause the official Zoning Map to be amended accordingly, (2) Approval of the establishment of an AHD District shall expire twelve (12) months after the date of Town Board Approval thereof if the applicant has not received site development plan approval and final subdivision plat approval of at least the first section of the planned devel- opment within such twelve-month period. Approval of the establishment of an AHD District shall expire eigh- teen (18) months after said Town Board approval thereof if work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence. The Town Board, upon application of the applicant and upon good cause being shown, may in the exercise of its discretion, extend both of the above time periods for, not more than two (2) additional periods of not more than six (6) months each. In the event of the expiration of ap- proval as herein provided, the AHD District shall be deemed -revoked and the zoning classification of the property affected thereby shall revert to its zoning clas- sification that existed on the property immediately prior to the establishment of the AHD District thereon, and • the Town Clerk shall cause the official Zoning Mal) to be amended accordingly. G. Site plan and subdivision plat approval by the Planning Board. (1) No earthwork, site work, land clearing, construction or development activities shall take place on.any property within an AHD District except in accordance with a site 10039 9 - •*-, - 86 § 100-55.6 SOUTHOLD CODE § 10.0-55.7 plan approved by the Planning Board in accordance with the provisions of this Article and in accordance with the procedures and standards for site plan approval as set forth in Article XIII of this chapter. (2) Where a proposed development involves the subdivision or resubdivision of land, no development shall proceed • until the Planning Board has granted final subdivision plat approval in accordance with the provisions of Chap- ter A106 of the Town Code. § 100-55.7. Regulations and requirements. A. Sewer and water. In an AHD District, public water supply systems and/or public sewer disposal systems shall be pro- vided to serve all dwelling units located therein. B. Covenants and restrictions. In approving a preliminary de- velopment concept plan and/or the establishment of an AHD District, the Town Board shall have the right to require the applicant and/or the owner and all persons having an interest in the premises to execute an agreement, in recordable form, containing such restrictions, covenants, terms and conditions as it deems necessary to accomplish the intent and purposes of this Article. C. Provision for moderate -income -family dwelling units and un- improved lots. (1) On land within an AHD District containing ten (1-0) acres or' less of land, not less than forty percent (40%) of the dwelling units and/or unimproved lots located there- in shall be reserved for sale or lease to moderate income families. • (2) On land within an AHD District containing more than ten (10) acres of land, the number of dwelling units and unimproved. lots therein to be reserved for sale or lease to moderate income families shall be as follows: (a) Not less than ten percent (10%) of the. dwelling units shall be reserved for lease to moderate income fami- lies. 10040 9- 25 -Rs § 100-55.7 ZONING § 100-55.7 (b) Not less than ten percent (10%) of the dwelling units shall be attached dwelling units reserved for sale to moderate income families.. -. (c) Not less than twenty percent (20%) of the dwelling units shall be one -family detached dwelling units •reserved for sale to moderate income families. (d) Not less than ten percent (10%) of the unimproved lots therein shall be reserved for sale to moderate income families. D. Eligibility. In each AHD District, the sale or lease of dwell- ing units reserved for moderate income families and the sale of unimproved lots reserved for sale to moderate income fami- lies shall be allocated on a priority basis, in the following order: (1) First to eligible applicants employed in the Town of Southold. (2) Second to eligible applicants who reside in the Town of Southold, in the order of length of residence in the town. (3) Third to all other eligible applicants. E. Maximum sales price and monthly rent. _ (1) In an AHD District, the maximum initial sales price of a dwelling unit or unimproved lot reserved for sale to moderate income families shall be as follows: (a) Unimproved lot containing an area of ten thousand (10,000) square feet: twenty-five thousand dollars ($25,000.). • (b) Attached dwelling unit: sixty thousand dollars ($60,000.). (c) Single-family detached dwelling unit: seventy-five thousand dollars ($75,000.). (2) The maximum initial monthly rent, exclusive of utilities, for a dwelling unit reserved for moderate income fami- lies in the AHD District shall be as follows: 10041 9.25.86 § 100-55.7 SOUTHOLD CODE § 100-55.7 (a) Studio apartment: three hundred dollars ($300.). (b) One -bedroom dwelling unit: four hundred dollars ($400.). (c) Two-bedroom dwelling unit: five hundred dollars ($500.). • (d) The provisions of this § 100-55.7E(2) shall remain in effect as to each dwelling unit for a period of fif- teen (15) years from the date of the initial lease thereof. (3) The maximum sale prices and monthly rents set forth in § 100--55.7E(1) and (2) hereof shall be revised each year on January 31 to conform to the previous year's change in the consumer price index. F. Resale price of dwelling units and unimproved lots. (1) Dwelling units in an AHD District reserved for moderate income families may be resold to moderate income fami- lies, provided that the maximum resale price does not exceed the purchase price plus the cost of permanent fixed improvements, adjusted for the increase in the con- sumer price index during the period of ownership of such dwelling unit and such improvements, plus reason- able and necessary resale expenses. (2) Unimproved lots in a AHD District reserved for moderate income families may be resold to moderate income fami- lies, provided that the maximum resale price does not exceed the purchase price for such lot adjusted for the change in the consumer price index for the period dur- ing which such lot was owned by the resale seller, plus reasonable and necessary resale expenses. is (3) Where an unimproved lot in an AHD District reserved for moderate income families is improved with a dwell- ing unit, the maximum resale price shall be determined in the manner specified in § 100-55.7F(1) hereof. (4) Notwithstanding the provisions of § 100-55.7F(1), (2) and (3) hereof, the Director may authorize the resale of a 10042 9,.-.25- 86 § 100-123 ZONING § 100-125 § 100-123. Rules of conduct and procedure. The Board of Appeals shall, consistent with the law, determine its own rules of conduct and procedure. § 100-124. Fees. •All applications to the Board of Appeals for any relief provided for herein shall be accompanied by a fee of fifteen dollars ($15.). 100-125. Notice of hearing. [Added 5-30-75 by L.L. No. 3-19751 A. In all cases where the Board of Appeals is required to hold a public hearing, in addition to the notice of such hearing required by law, a written notice containing the following information shall be sent by the person petitioning such Board, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event that any petitioner owns or has any interest in any property immediately adjacent to the property which t is the subject of such petition, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as'shown on the current assessment roll of the Town of Southold. The notice required by this section shall be mailed by the petitioner, or his agent, within five (5) days preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such notices in the form of a sworn statement shall be filed with the Town Clerk at the time of filing of the petition. Such notice shall contain the following information: • (1) A statement that the petitioner proposes to apply to the Board of Appeals of the Town of Southold for a variance, special exception, special permit or other specified relief, as the case may be. (2) A description sufficient to identify the property which is the subject of the petition. 10057 7-25-75 § 100-125 SOUTHOLD CODE § 100-130 (3) The zone district classification of such property. (4) A detailed statement of the relief sought by the petitioner. (5) The provisions of the zoning law applicable to the relief sought by the petitioner. (6) A statement that within five (5) days such petition will be filed in the Southold Town Clerk's office, Main • Road, Southold, New York, and may then be examined during regular office hours. (7) A statement that a public hearing with respect to such petition must be held by the Board of Appeals of the Town of Southold before the relief sought can be granted; that the person to whom the notice is ad- dressed, or his representative, has the right to appear and be heard at such hearing; and that a notice of such hearing will be published in the official town newspaper not less than five (5) days prior to such public hearing. B. In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persons - entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition. C. Failure to comply with the provisions of this section shall not affect the validity of any action taken by the Board of Appeals. ARTICLE XIII Site Plan Approval § 100-130. General requirement. • In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the plans approved by the Planning Board. 10058 7-25-75 § A106-21 SUBDIVISION OF LAND § A106-22 safety and welfare, the Board may require that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If a proposed subdivision is classified and approved as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article II, § A106-22, • of these regulations. If it is classified as a major subdivision, the subdivider shall comply with the procedures outlined in Article II, §§ A106-23, A106-24 and A106-25. C. Study of sketch plan. The Planning Board shall determine whether a subdivision sketch plan meets the purposes of these regulations. Any changes to be made on the proposed subdivision map required by the Planning Board shall be submitted, in writing, to the applicant or his duly authorized representative. All such changes shall be in- corporated in the applicant's next submission to the Planning Board. § A106-22. Approval of minor subdivision.. A. Application and fee. (1) Within six (6) months after the approval of the sketch plan by the Planning Board, the subdivider shall submit an application for approval of a final plat. If such application is not received within six (6) months, the Planning Board approval of the sketch plan shall expire. The plat shall follow the layout of the sketch plan, as approved by the Board, plus any recom- mendations made by the Planning Board. Said ap- plication shall also conform to the requirements listed • in Article IV, § A106-41. (2) All applications for plat approval for minor subdivision shall be accompanied by a fee of one hundred dollars ($100.) per lot, together with an inspection fee of one hundred fifty dollars ($150.). [Amended 4-22-80; 4-9-851 B. Number of copies. Six (6) copies of the final plat shall be presented to the Planning Board at least two (2) weeks prior to a regularly scheduled Planning Board meeting. A10609 2-25-85 § A106-22' SOUTHOLD CODE § A106-23 C. Subdivider to attend Planning Board meeting. The sub- divider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the final plat. D. When officially submitted. The final plat shall be con- sidered officially submitted only when all the surveys, plans; required certifications and signatures and other data • required in Article IV, § A106=41, are submitted complete and in good form, together with the application and fee, at regular meeting of the Planning Board. R. Public hearing. Before the Planning Board shall act on the final plat, it shall hold a public hearing in accordance- with § 276 of the Town Law. F. Action on subdivision plat. The Planning Board shall, within forty-five (45) days from the public hearing date, approve, approve with modification or disapprove the final plat. § A106-23. Preliminary plat for major subdivision. [Amended 5- 8-731 A. Application and fee. (1) - Prior to the filing of an application for- the approval of a major subdivisionplat, the subdivider shall file with the Town Clerk an application in duplicate for the approval of a preliminary plat of the proposed sub- division, in the form prescribed in Article -IV, § A106- 42. The preliminary plat shall comply with the re- quirements set forth in these regulations, including Article IV, § A106-42, and §§ 276 and 277 of the Town Law. • (2) The application filed with the Town Clerk shall be ac- companied by a fee of fifty dollars ($50.) plus five dollars ($5.) per acre, or part thereof, in the proposed subdivi- sion, and an inspection fee equal to five percent (5%) of the amount of the approved performance bond. [Amended 4-9-851, A10610 z-25-85