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