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HomeMy WebLinkAbout1980 Code Supplement - 05/25/19800 0 GENERAL'CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 16 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 adop- tion date of the Code changes. The page numbers should always correspond with this list. REMOVE Table of Contents, ix - x INSERT Table of Contents, ix - x 4601-4619 Legislation, by number or date of adoption, included in this supplement: L.L. No. 1-1980. 5-25-80 TABLE OF CONTENTS 68. (Reserved) ..................................... 6801 69. Peddling and Soliciting .......................... 6901 Article L. Licensing and Regulation-[L.L. No. 3-1973] Article II Entrance onto Private Property o� 1X 5-25-80. � \1 CHAPTER PAGE 46. Floodplain Management [L.L. No. 1-19801 .......... 4601 47. (Reserved) ...............:..................... 4701 48. Garbage, Rubbish and Refuse ...................... 4801 49. Highway Defects, Notice of [L.L. No. 3-1977] ........ 4901 50. Home Improvement Contractors [L.L. No. 4-1975] ... 5001 51. (Reserved) ..................................... 5101 52. Housing [L.L. No. 1-1967] ........................ 5201 53. (Reserved) ..................................... 5301 54. Junkyards ..................................... 5401 55. (Reserved) ..................................... 5501 56. (Reserved) ...................................... 5601 57. Littering [L.L. No. 2-19731 ........................ 5701 58. (Reserved) ..................................... 5801 59. (Reserved) ...................................... 5901 60. (Reserved) ..................................... 6001 61. (Reserved) ..................................... 6101 62. (Reserved) ..................................... 6201 63. (Reserved) ..................................... 6301 64. (Reserved) ..................................... 6401 65. Parking at Beaches .............................: 6501 66. (Reserved) ..................................... 6601 67. Peace and Good Order ........................... 6701 Article I Public Consumption of Alcoholic Beverages 68. (Reserved) ..................................... 6801 69. Peddling and Soliciting .......................... 6901 Article L. Licensing and Regulation-[L.L. No. 3-1973] Article II Entrance onto Private Property o� 1X 5-25-80. � \1 SOUTHOLD CODE CHAPTER PAGE 70. (Reserved) ..................................... 7001 71. (Reserved) . ......................:............... 7101 72. (Reserved) ..................................... 7201. 73. Records, Public Access to .... :.................... 7301 74. (Reserved) ....................................... 7401 75.' (Reserved) ..................................... 7501 76. (Reserved) ..................................... 7601 77. Shellfish ....................................... 7701 Article I Catching of Shrimp Article II Taking of Shellfish 78. '(Reserved) ..................................... 7801 -79. (Reserved) ............. I .................... 7901 80. (Reserved) ........................ :............ 8001 81. Soil Removal ................................... 8101 82. (Reserved) ..................................... 8201 83. (Reserved) ..................................... 8301 84. (Reserved) ..................................... 8401 85. Taxation ...' .................................... 8501 Article I Senior Citizen Exemption Article II Business Investment Exemption [L.L. No. 2-1977] 86. (Reserved) ...................................... 8601 87.. (Reserved) .................................... 8701 88. Tourist and Trailer Camps .......................... 8801 Article I Article II General Regulations Recreational Vehicle Parks [L. L. No. 4-1978] 89. (Reserved) ....... ................... :........... 8901 90. (Reserved) ...................................... 9001. 91. (Reserved) ................................... 9101 92. Vehicles and Traffic ........................... ...... 9201. X 5-25.80 FLOODPLAIN MANAGEMENT Chapter 46 FLOODPLAIN MANAGEMENT. § 46-1. Title. § 46-2. Legislative authority. § 46-3. Purpose. § 464. Methods'for reducing flood losses. § 46-5. Definitions. § 46-6. Applicability. § 46-7. Basis for establishing areas of special flood hazard. § 46-8. Compliance. § 46-9. Conflicts. § 46-10. Interpretation. § 46-11. Warning and disclaimer of liability. § 46-12. Development permit required; application. § 46-13. Administration and enforcement. § 46-14. Duties and responsibilities of Building Inspector. § 46-15. Consideration of -variances by Zoning Board of Appeals. § 46-16. Conditions for variances. § 46-17. General standards. § 46-18. Specific standards. § 46-19. Coastal high -hazard area. § 46-20. Notice of violation; revocation of permit. § 46-21. Penalties for offenses. § 46-22. Effective date. [HISTORY: Adopted by the Town' Board ..of the Town of Southold 3-11-80 as Local Law No. 14980. Amendments noted where applicable.] 4601 5-25-80 § 464 SOUTHOLD-. CODE, § 46-1. Title. , This `chapter shalF.be known' and 'may be' cite'd as the ."Flood Damage" Prevention Law of the Town of Southold." § 46-2.. Legislative authority.. This chapter. is adopted pursuant to ,legislative; authority which has delegated,,the responsibility to, local governmental units to, adopt regulations, designed to promote,,the-public health; ;safety and general welfare. of . 'its, citizenry.. § 46-3. Purpose., It is the .purpose of this chapter 'to promote `the' public health; safety and general welfare and to minimize public and private losses due; to ;floodk,conditions, in, specific, areas,..by provisions, designed to: „ A. Protect. human life: and health.. B. Minimize' ekp6ndituke' of public 'money' for costly flood control projects.' . C. Minimize the need for rescue and relief efforts associated with flooding' aad 'generally undertaken ' at' 'the' expen`se' of the general public. D.. Minimize. prolonged..business interruptions.,,, E. Miniinize,d'amageto public facilities aria utilities, such as water, and gas. mains;: electric, telephone.. and. sewer ,lines, streets and.bridges. locatedIn.areas,ofapecial flood -hazard., F. Help maintain astable tax'base by. providing for°the sound, use `and development of'areas' of special'flood'hazard so as - to minimize ' future, flood=blight `areas. G. Ens'ure,that.potential'•buyers are notified.tliat property is in an area°of 'special flood hazard:' H. Ensure ,that-.tho,se who occupy. the, areas_ ofspecial flood hazard assume responsibility for their actions. 002 51,25 - 80 1 § 46-4 FLOODPLAIN MANAGEMENT § 46-5 § 46-4. Methods for reducing flood losses. In order to accomplish its purposes, this chapter provides methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood �. heights or velocities. B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. C. Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help ac- commodate or channel floodwaters. D. Controlling filling, grading, dredging and other development which may increase flood damage. E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. § 46-5. Definitions. - A. When not inconsistent with the context, words in the present tense include the future; words used.in the plural number include the singular number; and words used in" the singular number include the plural number. The word "shall" is always mandatory and not directory. B. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: APPEAL — A request for a review of the Building In- spector's interpretation of any provision of this chapter .or a request for a variance from the provisions of this chapter. AREA OF SHALLOW FLOODING —'A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a 4603 5 w25 - 80 . . § , 46-5 SOUTHOLD' CODE § 46-5 clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate'; and velocity flow may be evident. AREA OF SPECIAL FLOOD HAZARD - Land in the floodplain subject to a one -percent or greater chance of flooding in any given year. BREAKAWAY WALLS — Any type of walls, whether solid 'or lattice and whether constructed of concrete, masonry, wood, metal, plastic or other suitable building material, which are not part of the structural support of the building and which are so designed as to break away under abnormally high tides or wave action without damage to -the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. BASE FLOOD — The flood having a one -percent chance of being equaled- or exceeded in any given year. . COASTAL HIGH -HAZARD' AREA — The area subject to high -velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a FIRM -as Zone V1-30. - DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving and excavation or drilling . operations located' within the area of special flood hazard.. - FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of normally dry land .areas from the overflow of inland or tidal waters; and/or the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD. INSURANCE RATE MAP (FIRM) —.The of- ficial map on .which the Federal Insurance Administration has delineated the areas of special flood hazard and the risk -premium zones applicable to the community. 4604 5-25-8o § 46-5 FLOODPLAIN MANAGEMENT . § 46-5 FLOOD INSURANCE STUDY — The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary - Floodway Map and the water surface elevation of the base flood. FLOODPLAIN or FLOOD -PRONE AREA — Any land area susceptible to being inundated by water from any source. FLOODPROOFING — Any combination of structural and nonstructural additions, changes or adjustments _to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY — The channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. HABITABLE FLOOR — Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation or a combination thereof. A floor used only for storage purposes is not a "habitable floor." MEAN SEA LEVEL — The average height of the sea for all stages of the tide. MOBILE HOME — A structure that is transportable., in one (1) or more sections, built on a, permanent chassis and designed to be used with or without a permanent foun- dation when connected to the required utilities. It does not include recreational vehicles or travel trailers. NEW CONSTRUCTION — Structures for which the start of construction commenced on or after the effective date of this chapter. SAND DUNES — Naturally occurring accumulations of sand in ridges or mounds landward of the beach. START OF CONSTRUCTION — The first placement 'of permanent construction of a structure, other than a mobile home, on a site, such as the pouring of slabs.or footings or 4605 5-25-80 . § 46=5 SOUTHOLD CODE § 46-5 any work beyond the state of excavation. Permanent construction does .not include land preparation such as clearing, grading and filling; nor does it include the in- stallation of streets and/or' walkways, .nor., does it include excavation for a basement, footings, piers or foundations' or the erection of temporary forms; nor does it include the installation on. the property of accessory buildings such as., garages or sheds not occupied as dwelling units or not as S part of the main structure. For a structure, other than a mobile home, without a basement or poured footings, the "start of, construction" •includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation. For mobile homes not within a ,mobile home park or' mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for ser- vicing the site on which the mobile home -is to be affixed. (including,. at a minimum, the construction of streets, -either final site grading or the pouring of concrete pads and the installation of utilities) is completed. STRUCTURE — A walled and roofed building, a mobile home or a gas or liquid storage tank that is , principally above ground, SUBSTANTIAL IMPROVEMENT: (I) Any repair`, reconstruction - or improvement of a structure, the cost of which equals or, exceeds fifty percent (50%)' of the market value of the 'structure either:, (a) Before the improvement or repair is started; or (b) If the structure has been damaged and is being restored, before the damage occurred. (2) For the purposes of this definition, "substantial improvement" is, considered to occur when the first alteration of, any wall; ceiling, floor.or other structural part of the building commences, -whether or not that 4606 5-25-80 § 46-5 FLOODPLAIN MANAGEMENT § 46-8 alteration affects the external dimensions of the structure. (3) The term does not, however, include either: (a) Any project for improvement of .a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or (b) Any alteration of a structure listed in the . National Register of Historic Places or the State Inventory of Historic Places. VARIANCE — A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. § 46-6. Applicability. ( This chapter shall apply to all areas of special flood hazard within the. jurisdiction of the Town of Southold, excluding those areas within the corporate limits of the Village of Greenport. § 46-7. Basis for establishing areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled the "Flood Insurance Study for the Town of Southold," dated September 18, 1979, with accompanying Flood Insurance Rate Maps and Flood Boundary - Floodway Maps, and any revision thereto, are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file with the Town Clerk of the Town of Southold. § 46-8. Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. 4607 5-25-80 § 46-9 SOUTIIOLD CODE § 46-12 § 46&9. Conflicts. This Chapter is riot intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. 14OWeVeti where this chapter and other laws, easemeiitsO--'coVOfiant8 or deed restrictions conflict of overlap; whichever hevet i1hpOses the more stringent restrictions shall prevail. 0 § 46.10, Interpretation. In the interpretation and application of this chapteti- all provisions shall be,, A. Considered as minimum requirements, t, Liberally Construed in favor of the governing body: C, Deemed neither to limit nor repeal Any other powers granted under state statutes: § 46.11, - Warning and disel6inia of liability, The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is 'based on scientific and engineering considerations, Large floods can and will occur on rare oceaklons. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special. flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall riot create liability on the part of the Town of Southold, any officer or employee thereof of the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder: § 4642. Develophlent permit requited; application. A development permit shall be obtained before construction or development begins within any area of special flood hazard e9tablighed'in, §'464, -Application for a doveloprnerit.permit shall 4608 § 46-12 FLOODPLAIN MANAGEMENT § 46-14 be made on forms furnished by the Building Inspector and may include but not be limited to plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials and drainage facilities and the location of the. foregoing. Specifically, the following information is required: A. Elevation, in relation to mean sea level, of the lowest floor, including basement, of all structures. B. Elevation, in relation to mean sea level, to which any structure has been or is intended to be floodproofed. C. Certification by a registered professional engineer or ar- chitect that the floodproofing methods . for- any qualified structure meet the floodproofing criteria in § 46-18B. D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. § 46.13. Administration and enforcement.. The Building Inspector of the Town of Southold is hereby appointed to administer and enforce the provisions of this chapter. § 46-14. Duties and responsibilities of Building Inspector. The duties of the Building Inspector shall include, but not be limited to: A. Reviewing all development permits to determine that the permit requirements of this chapter have been satisfied. • B. Reviewing all development permits to determine that all necessary permits have been obtained from ,those federal; state or local governmental' agencies .from which prior approval is required. C. Reviewing all development permits to - determine if the proposed development is located. in the.coastal high -hazard;,• 4609 5.26 • 6 § 46-14 SOUTHOLD CODE . § 46-14 area and to determine whether or not the proposed development alters sand dunes so as to increase potential flood damage. D. Reviewing plans for walls to be used to enclose space below the base flood level in accordance with § 46-19B(4). E. Obtaining and recording the actual elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures and whether or not the'structure contains a basement. F. For all new or substantially improved floodproofed structures: (1) Verifying and recording the actual elevation in relation to mean sea level. (2) Maintaining the floodproofing certifications required in § 46-12C. G. In coastal high -hazard areas, obtaining certification from a registered professional engineer or architect that the provisions of § 46-19B(1) and (2) are complied with. H. Maintaining, for public inspection, all records pertaining to the provisions of this chapter. I. Notifying adjacent communities and the state coordinating agency prior to any alteration or relocation of a water- course and submitting evidence of such notification to the Federal Insurance Administration. J. Requiring that maintenance is provided within the altered or relocated portion of said watercourse so that the flood - carrying capacity is not diminished. K. Making interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict. between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given thirty (30) days to appeal the interpretation. 4610 5-25-80 f.. § 46-15 FLOODPLAIN MANAGEMENT § 46-15 § 46-15. Consideration of variances by Zoning Board of Appeals. A. The Zoning Board of Appeals, as established by the Town of Southold, shall hear and decide applications for variances..from the. requirements .of .this chapter. ` B. Iri passing upon such -applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of, this chapter and the: (1) Danger that materialsmay be swept onto other lands to .,the injury of others. (2) Danger to life and property due to flooding or erosion damage. (3) Susceptibility of the proposed facility and its contents to flood, damage and the effect of such damage on the individual owner. (4) Importance of the services provided, by the proposed facility to the community. i (5) Necessity to the facility of a waterfront location, where applicable. (6) Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage., (7) Compatibility of the proposed use with existing and anticipated development. (8) Relationship of the proposed use to the Com- prehensive Plan and floodplain management program of that area. (9) Safety of access to the property in, times of flood for ordinary and emergency vehicles. (10) Expected .heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. 111) Costs of'providing governmental'services during :and:' after flood conditions, including maintenances and"--. 4611 5-25-80 § 46-15 SOUTHOLD CODE §. 46-16 repair of public utilities and facilities, such as sewer, gas, electrical and water systems and streets and bridges. C. Upon consideration of the above factors and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. D. The Building Inspector shall maintain the records of 'all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request. § 46-16. Conditions for variances. A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one- half (1/2) acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that Subsection B(1) through (11) of § 46-15 has been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. C. Variances shall not be issued' within any designated floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. E. Variances shall only be issued upon a. (1) Showing of good and sufficient cause. 4612 5-25-80 r' § 46-16 FLOODPLAIN MANAGEMENT § 46-17 (2) Determination that failure to grant the variance would result in exceptional hardship to the applicant. (3) Determination that the granting of a variance will not result in increased flood'heights, additional threats to public safety, extraordinary public .expense, create nuisances, cause fraud on or victimization of the public as identified in § 46-15B or conflict with existing local laws, ordinances or rules and regulations. F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. § 46-17. General standards. In all areas of special flood hazard the following standards are required: A. Anchoring. (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. ' (2) All mobile homes shall be anchored to, resist flotation, collapse or lateral movement 'by. providing over -the - top and frame ties to ground anchors. Special requirements shall be that: (a) Over -the -top ties shall be provided at each of the ® four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations, with mobile homes less than fifty (50) feet long requiring one (1) . additional tie per side. (b) Frame ties shall be provided at each corner of the home, with five (5) additional ties per "side at7` intermediate points, _with •mobile homes less than!.:.� 4613 5-25-80 § 46-17 SOUTHOLD , CODE § 46-17 fifty (50) feet long requiring four (4) additional ties per side. (c) All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds. (d) Any additions to the mobile home shall be similarly anchored. B. Construction materials and methods. (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All ' new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. C. Utilities. (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.. (3)' On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. Subdivision proposals. (1) All subdivision proposals shall be consistent with the need to minimize flood damage. (2) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 4614 5-25-80 4647 FLOODPLAIN MANAGEMENT § +6718 (a) All - subdivision : proposals. shall .:,have: adequate drainagpprpyre ided to " dupe exposure -to flood damage. (4) Base flood elevation, data, .shall ,bp; provided for subi: division. proposals! and, other, proposed -..developments which contain at. least fifty 0) lots, or.five-(5) acres, whichever,, is less. § 46-18. Specific ..standards. In.all. all. areas - of "special flood• hazard where base flood',elevation data have,. b_een,.prpvided: as .set -forth in § 46-7, the following standards are required:,,_ A. Resi6iitial­`Consitrludibn. New' c8psiruetioii ''and sub - stand 9' improvement '0Uany"i6side'ntial structure -shall have'the lowest floor, including basement, elevated to or above the base flood elevation. Notwithstanding. the foregoing provisions of this subsection, in the event that the . Code of Ped0ral r Regulations is amended.to permit new construction. and substantial. improvements -of residential structures to be elevated above the base flood level or fl'oodproofed pursuant to the provisions of § 46-18B of this chapter; then upon the effective" date of the amendment of said fede I regulations, § 46-18B shall r4. gula.tion , the,.,pr.ovisions of, apply, to, both residential and, nonresidential, structures. B. Nonresidential - construction. 'New 'construction and substantial, improvement. of, any, commercial, Industrial or other..non.residential, structure shall either have the lowest floor, including basement, eleVated-tb,the level of, the. base flood ,elpvation. �or, together, with attendant utility -and sanitary facilities, shall: (1) Be flo.odproofed so that, below the base flood level the structure is watertight with -walls ,substantially.im- permeable to 'the passage of water: (2) Have -structural cornp6 nents capable" of' resisting hydrostatic and, hydrodynamic:, loads ,and effects of, buoyancy. 4615 5 `.25= 80, § 46-18 SOUTHOLD CODE § 46-19 (3) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in § 46-14G. C. Mobile homes. (1) Mobile homes shall be anchored in accordance with § 46-17A(2).. (2) For new mobile home parks and mobile home sub- divisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, it shall be required that: (a) Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level. (b) Adequate surface drainage and access for a, hauler are provided. (c) In the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than ten (10) feet apart and reinforcement is provided for pilings more than six (6) feet above the ground level. (3) No mobile home shall be placed in a coastal high - hazard area except in an existing mobile home park or an existing. mobile home subdivision. § 46.19. Coastal high -hazard area. Coastal high -hazard areas (V Zones) are located within the areas of special flood hazard established in § 46-7. These areas 4616 5-25-80 � i § 46-19 FLOODPLAIN MANAGEMENT § 46-19 have special flood hazards associated with high -velocity waters from tidal surges -and hurricane wash; therefore, the following provisions shall apply in coastal high -hazard areas: A. Location of structures. (1) All buildings or structures shall be located landward of the reach of. the mean high tide. . . (2) The placement of mobile homes shall be prohibited except in an existing mobile home park or mobile home subdivision. B. Construction methods. (1) Elevation. All buildings or structures shall be elevated so that the lowest portion of the structural members of the lowest floor is located no lower than the base flood elevation, with all space below the lowest , floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in § 46-198(4). (2) Structural support. (a) All buildings or structures shall be securely anchored on pilings or columns. (b) Pilings or columns used as structural support shall be designed and anchored so as to withstand all applied loads of the ' base flood flow. (c) There shall be no fill used for. structural support. (3) Certification. Compliance with the provisions of Subsection B(1) and (2) above shall be certified to by a registered professional engineer or architect. (4) Space below the lowest floor. (a) Any alteration, repair, reconstruction or im- provement to a structure or building started after the enactment of this chapter shall not enclose the, space below the lowest floor unless. breakaway walls are 'used as provided herein: j 4617 5-25-80 § 46-19- SOUTHOLD CODE` - . §' 46-20 (b) Breakaway walls shall be allowed below the base flood elevation, provided that they are not "a part of the structural support of the building and are designed so as to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which they are to be used. (c) If breakaway walls are utilized, such enclosed space shall not be used for human habitation. (d) Prior to construction, plans for any structure that will have breakaway walls must be submitted to and approved by the Building Inspector. C. Sand dunes. There shall be no alteration of sand dunes which would increase potential flood damage. . § 46-20. Notice of violation; revocation of permit. A. Whenever the Building Inspector has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this chapter or are not in compliance with a development 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 opeations, 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. 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. 4618 5-25-80 - § 46-20 FLOODPLAIN MANAGEMENT §; 46-22 D. The Building Inspector may extend the,time. of compliance specified _in.;the.notice.of violation wherq,,there is evidence of intent to comply.within the time specified, and conditions exist which prevent immediate compliance. E. In the event that the 'person upon whom a notice of violation `has','been served' shall fail. to -.-comply with -said • notice within' the time specified therein' or within the time specified- in ;any extension .of time ,issued by the ,Build' I' or de,Yeiopnpent permit issued ao s,uch.Person pursuant .�o this. chapter shall be deemed revoked. § 46-21. Penalties for offenses., , , A. Any person committirigan'offense against any.provision'of ' this chapte"''or failing"to comply with -•a notice `of violation issued 'by, the' Building !In'spect'or` shall,' upon conviction thereof,`be -guilty ,of a violation punishable 'by a fine not . exceeding 'two'' hundred '•'fifty '•dollars ($250:)"f -or' ' by : im= prisorime'nt,for' `a term not exceeding fifteen (15) days, or by both such fine,and. imprisonment. The continuation of an offense against the 'provisions of this chapter shall con- stitute °a separate aiid''distinct 'offense heteunder for, each'. day the offen''se 'is- continued: B. In addition to the. abov6-ptovided penalties; the'town, may; also maintain an: action`or proceeding'in the,riarrie of,'the town in a,'court -'of'competent jurisdiction 'to ' compel compliance with or to restrain by.injunction the violation of this chapter. § 46-22. Effective date.' This chapter shalftake effect on March -15, 1980. 4619 5-26-8,0.