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INSTRUCTIONS FEB 2 11994,
Town of Southold Code Supplemenbfto ; So^gtt
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.
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The page numbers should always correspond with this list.
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-table of Contents, xi
Table of Contents, xi
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Supplemental Index,
Supplemental Index,
SI -1— SI -2
SI-1—SI-3
Legislation, by number or date of adoption, included in this
supplement: L.L. Nos. 12-1983; 13-1983; 14-1983.
12-25-83
TABLE OF CONTENTS
xi 12-25-81
CHAPTER
PAGE'
82.
(Reserved) ....................................
8201 -.
83.
(Reserved) ...................................
8301
84.
(Reserved) ...................................
8401
85.
Taxation .....................................
Article I Senior Citizen Exemption
8501
Article II Business Investment Exemption [L.L. No. 2-19771
86.
(Reserved) ....... :.............................
8601
87.
(Reserved) ...................................
8701.
88.
Tourist and Trailer Camps ......................
8801
Article I General Regulations
Article II Recreational vehicle Parks [L.L. No. 4-1978]
89.
(Reserved) .....................................
8901
90.
Unsafe,Buildings [L.L. No. 5-1980] ...............
9001
91.
(Reserved) ...................................
9101
92.
Vehicles and Traffic ...........................
9201
93.
(Reserved)........ ...... .......................
9301-
94.
(Reserved) .....................................
9401
95.
(Reserved) ...................................
9501
96.
(Reserved) .......... ..........................
9601
97.
Wetlands .............. ..
9701
98.
(Reserved) ....................................
9801
99.
(Reserved) ............:......................
9901
100.
Zoning ........................................
10001 .
•
APPENDIX
A105.
Grievance Procedures .:......................
A10501
A106.
Subdivision of Land .........................
A10601
INDEX
xi 12-25-81
§ 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 5-25-80
§ 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
ori ,a .FIRM as Zone. V1-30.
DEVELOPMENT — Any man-made change to improved
6rI 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
hasdelineated the areas of special flood hazard and the
risk-premium.,zones applicable to the community.-.
4604 5-25-8.0
§ 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 •
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 ora gas or liquid storage tank that is principally
above ground.
SUBSTANTIAL IMPROVEMENT:
(1) 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 SOUTHOLD CODE § 46-12
§ 46.9. Conflicts.
This chapter is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However,
where this chapter and other laws, easements, covenants or deed
restrictions conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
§ 46-10. Interpretation.
In the interpretation and application of this chapter, all
provisions shall be:
A. Considered as minimum requirements.
B. 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 disclaimer 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 occasions. 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 not create liability on the part of the Town of
Southold, any officer or employee thereof or the Federal Insurance
Administration for any flood damages that result from reliance on
this chapter or any administrative decision lawfully made
hereunder.
§ 46.12. Development permit required; application..
A development permit shall be obtained before construction or
development be within any area of special. flood hazard
established in § -46.7. Application for a development permit shall
.4608. 5-26-80
C
i
0
§ 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 -fro m"the' requirements .of this chapter.
B. In 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 materials may 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: .
(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.
(11)-G'osts ofproviding-goverhmental services: during and::=. <...
after flood - conditions; including maintenance -and,
4511
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
0
•
0
§ 46.17 FLOODPLAIN MANAGEMENT §; 46718
(3) All, -subdivision, proposals. shall: ? have,,, adequate
drainage provided to reduce exposure .to flood damage.
(4); Base flood elevation data,.,shall be provided, for sub-,
division, proposals and otherproposeddevelopments
which contain at -least fifty (50) -lots or five (5) acres,
whichever. is less:
§ 46-18. Specific standards.
In all areas of special flood zhazard, where base flood elevation
data have ;been provided as set forth, in . § 46-7, the following
standards are. required:
A. Residential - construction.: New construction and _sub-
stantial' improvement of any residential 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 Federal Regulations is amended to permit new
construction and substantial .i-mprovoinents of residential
structures to be elevated above the base flood level or
floodproofed pursuant to the provisions of §; 46-18B of this
chapter', then upon the effective date of the amendment of
said federal regulations, the provisions of,. § ,46-18B� shall
apply ; to both residential and nonresidential structures.
B. Nonresidential 'construction-. New construction and
substantial improvement. of any, commercial; industrial or
other nonresidential structure.shall either have the lowest
floor, including basement, elevated to the level of the base
flood elevation or, - together with attendant utility and
sanitary facilities, shall:
(1) Be floodproofed so that below the baso flood level the
structure is watertight with -walls substantially im=
permeable to. the passage: of water: -
,(2). Have structural component's 1�capable 'of "resisting
hydrostatic and hydrodynamic loads. and effects of
buoyancy.
4615 _ 5 = 255: 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
0
0
§ 69-105 PEDDLING AND SOLICITING § 69-108
§ 69-105. License fees.
The fee for each license issued pursuant to this Article shall be
twenty-five dollars ($25.) per year or ten dollars ($10.) per day or
fraction thereof.
§ 69-106. License conditions.
A. A license shall not be assignable. Any holder of such
license who permits it to be used by any other person, and
any person who uses such license granted to any other
person, shall be guilty of an offense against this Article.
B. Each such license issued shall automatically expire on
December 31 following the date of issuance thereof, but
such license may provide for an earlier expiration date.
C. No applicant to whom a license has been refused or who has
had a license which has been revoked shall make further
application until a period of at least twelve (12) months
shall have elapsed since the last previous rejection or
revocation, unless he can show that the reason for such
rejection or revocation no longer exists.
D. Every licensee, while exercising his license, shall carry the
license with him and shall exhibit the same, upon demand,
to any police officer or citizen.
§ 69-107. Records.
It shall be the duty of the Town Clerk to keep a record of all
applications and of all licenses granted under the provisions of
this Article, giving the number and date of each license, the name
• and residence of the person licensed, the amount of the license fee
paid and also the date of revocation of all licenses revoked.
§ 69-108. Employees of licensee.
Any licensee using a motor vehicle may employ not more than
two (2) persons to assist in selling and delivering the wares, but
6905 1-25-77
§ 69-108 SOUTHOLD CODE § 69-109
such persons shall so act only while accompanying a licensed
peddler, hawker or solicitor.
§ 69-109. Restrictions. [Amended 12-7-76 by L.L. No. 7-1976]
A hawker, peddler or solicitor shall:
A. Not engage in such business at any time between the hours •
of 8:00 p.m. and 9:00 a.m.
B. Not willfully misstate the quantity or quality of any article
offered for sale.
C. Not offer for sale any unwholesome, tainted, deleterious or
diseased provisions or merchandise.
D. Keep the vehicles and receptacles used by him in a clean
and sanitary condition and the foodstuffs and edibles
offered for sale well covered and protected from dirt, dust
and insects.
E. Not call attention to his goods by blowing a horn, by
ringing a bell other than a house doorbell, by shouting or
crying out or by any loud or unusual noise.
F. Not stand or permit the vehicles used by him to stand in
one (1) place in any public place or street for more than ten
(10) minutes, or in front of any premises for any time if the
owner or any lessee of the premises objects.
G. Not create or maintain any booth or stand or place any
barrels, boxes, crates or other obstructions upon any street
or public place for the purpose of selling or exposing for
sale any goods, wares or merchandise.
H. Not sell confectionery or ice cream within five hundred
(500) feet of any school between the hours of 8:00 a.m. and
4:00 p.m. on school"days. •
I. Not sell or peddle prepared foods of any kind, including ice
cream, confectionery, beverages, prepackaged snack foods,
hot dogs, hamburgers and other sandwiches, on any town
beach upon which is located a concession stand operated
under an agreement with the town, or on any parking area
adjacent thereto.
6906 1-25-77
§ 77-202 SHELLFISH § 77-203
C. Shellfish may be taken from town waters for non-
commercial purposes by a permanent resident or taxpayer_
upon first obtaining a permanent resident or taxpayer's
permit therefor from the Town Clerk of the Town of
Southold. [Amended 7-7-82 by L.L. No. 5-19821
D. Shellfish may be taken from town waters for .non-
• commercial purposes without obtaining a permit therefor
by a guest when accompanied by a permanent resident in
whose dwelling such guest occupies living quarters,
provided that such permanent resident is the holder of a
valid shellfish - permit. Notwithstanding any other
provisions of this Article, the quantity of shellfish taken by
a guest or guests shall be added to the quantity taken by
the permanent resident accompanying the guest or guests,
and the total amount thereof shall not exceed, in the
aggregate, the maximum daily quantity prescribed in this
Article for such permanent resident. [Amended 7-7-82 by
L.L. No. 5-1982; 5-10-83 by L.L. No. 6-19831
E. No person not a permanent resident, a taxpayer, a tem-
porary resident or a guest accompanied by a permanent
resident shall take shellfish in any manner at any time from
town waters. [Amended 7-7-82 by L.L. No. 5-19821
F. The presence of shellfish in excess of the limits, or of less
size than that, set forth in this Article, found aboard any.
boat or vessel in the waters of the Town of Southold, shall
be deemed presumptive evidence of a violation of this
Article. [Added 7-31-73]
G. Shellfish may be taken from town waters for non-
commercial purposes by a permanent resident under the
age of fourteen (14) years without obtaining a permit
therefor. [Added 7-7-82 by L.L. No. 5-19821
§ 77-203. Permit fee; expiration; display.
A. The fee for a commercial shellfish permit shall be five
dollars ($5.). Effective on and after January 1, 1982, the fee
for a commercial shellfish permit shall be fifteen dollars
7705 8-25-83
§ 77-203 SOUTHOLD .CODE § 77-204
($15.). Such permit shall expire on December 31 of the year
of issuance. [Amended 7-7-82 by L.L. No. 5-1982]
B. The fee for a temporary resident shellfish permit shall be
five dollars ($5.). Such permit shall be issued only for the
period of time that such temporary resident occupies living
quarters within the Town of Southold.
C. The fee for a permanent resident or taxpayer shellfish •
permit shall be one dollar ($1.). Effective on and after
January 1, 1983, the fee for such permit shall be three
dollars ($3.). Such permit shall expire on December 31 of
the year of issuance. [Added 7-7-82 by L.L. No. 5-1982']
D. The holder of a shellfish permit shall carry the permit
assigned to him on his person while engaged in the per-
mitted activities, and the failure of such holder to exhibit
his permit to an enforcement officer shall be presumptive
evidence that no valid permit has been issued to him.
§ 77-204. Scallops.
A. Scallops may not be taken from town waters during the
period from April 1 to the third Sunday in September in
each year, both dates inclusive.
B. Subject to the provisions of this section, during the period
from the first Monday after the third Sunday in September
to October 9 in each year, both dates inclusive, not more
than one-half (1/a) bushel of scallops may be taken from
town waters in any one (1) day by hand or with a scalp net.
[Amended 7-7-82 by L.L. No. 5-1982]
C. Subject to the provisions of this section, during the period
from October 10 to March 31, both dates inclusive, scallops
may be taken from town waters with a dredge or scrape
having an opening at the mouth of not more than thirty-six
(36) inches in width when towed by a boat operated by
mechanical power or other means, provided that such
' Editor's Note: This local law also provided for the renumbering of former Sub-
section C to become subsection D.
7706 8-25-83
§ 97-22 WETLANDS § 97-24
21 D 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.
• A. Every application for a permit filed with the Town Clerk
shall be accompanied by a filing fee of twenty-five dollars
($25.), no portion of which shall be refundable.
B. In addition to the filing fee, the Town Board, 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 Town Clerk upon the
issuance of a permit, in accordance with § 97-25C hereof.
§ 97-24. Processing of application.
A. Investigation. Upon receipt of the application, the Town
Clerk shall forward one (1) ' copy thereof to the Con-
servation Advisory Council, one (1) copy to the Town
Trustees and one (1) copy to the Town Board. The Con-
servation Advisory Council and the Town Trustees shall
each review said application 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 recommendations with respect to such application to
the Town Board. If the Conservation Advisory Council or
the Town Trustees shall recommend that such application
be disapproved, the reasons for such disapproval shall be
set forth in such report.
B. Hearing. Upon receipt by the Town Board of the reports of
the Conservation Advisory Council and the Town
Trustees, the Town Board shall hold a public hearing on
such application upon not less than ten (10) days' notice; to
be published in one (1) or more newspapers having a
general circulation in the town.
�. 9707
§ 97-24 SOUTHOLD CODE § 97-26
C. Action. Within thirty (30) days after the public hearing on
such application; the Town Board 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 be adopted only if
the Town Board finds that the proposed operations will
conform to the standards set forth in § 97-28 hereof. If the
Town Board adopts a resolution denying an application for •
a permit, the reasons for such denial shall be set forth in
such resolution. In the event that the Town Board shall fail
to act on such application within the time prescribed
herein, such application shall be deemed to have been
approved and the Town Clerk shall issue a permit
authorizing the operations applied for.
§ 97-25. Issuance of permit: conditions; inspection fees.
The Town Board 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.
The applicant for a permit hereunder shall, before the issuance
of said permit by the Town Clerk, file with the Town Clerk a
certificate that the applicant has public liability insurance policies
insuring against any liability which may arise in the performance
of the operations pursuant to such permit in such amount as shall
be fixed by the Town Board, which said policies shall name the
town as a named insured.
9708
§ 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. [Amended 2-1-83 by L.L. No. 2-1983]
All applications to the Board of Appeals for any relief provided
for herein shall be accompanied by a fee of twenty-five dollars
($25.):
§ 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
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 4-25-83
§ 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 authoriza-
tion of and in conformity with the plans approved by the Planning
Board.
10058 4-25-83
§ 100-134 ZONING § 100-134
(8) Location, width and purpose of all existing and
proposed easements, setbacks, reservations and areas
dedicated to public use within or adjoining the
property.
(9) A complete outline of existing deed restrictions or
covenants applying to the property.
• (10) Existing zoning.
B. Natural features.
(1) Existing contours at intervals of five (5) feet or less,
referred to a datum satisfactory to the Board.
(2) Approximate boundaries of any areas subject to
flooding or stormwater overflows.
(3) Location of existing watercourses, marshes, wooded
areas, rock outcrops, isolated trees with a diameter of
eight (8) inches or more measured three (3) feet above
the base of the trunk and other significant existing
features.
C. Existing structures and utilities.
(1) Location of uses and outlines of structures, drawn to
scale, on and within one hundred (100) feet of the lot.
(2) Paved areas, sidewalks and vehicular access between
the site and public streets.
(3) Locations, dimensions, grades and flow direction of
existing sewers, culverts and waterlines as well as
other underground and aboveground utilities within
and adjacent to the property.
(4) Other existing development, including fences, land-
scaping and screening.
D. Proposed development.
(1) The location of proposed buildings or structural
improvements.
(2) The location and design of all uses not requiring
structures, such as off-street parking and loading
areas.
10061 4-25-83
§ 100-134 SOUTHOLD CODE § 100-136
(3) The location, direction, power and time of use of any
proposed outdoor lighting or public address systems.
(4) The location of and plans for any outdoor signs.
(5) The location and arrangement of proposed means of
access and egress, including sidewalks, driveways or
other paved areas; profiles indicating grading and •
cross sections showing width of roadway, location and
width of sidewalks and location and size of water- and
sewer lines.
(6) Any proposed grading, screening and other land-
scaping, including types and locations of proposed
street trees.
(7) The location of all proposed waterlines, valves and
hydrants and of all sewer lines or alternate means of
water supply and sewage disposal and treatment.
(8) An outline of any proposed deed restrictions or
covenants..
(9) Any contemplated public improvements on or ad-
joining the property.
(10) If the site development plan indicates only a first
stage, a supplementary plan shall indicate ultimate
development.
E. Any other information deemed by the Planning Board
necessary to determine conformity of the site plan with the
intent and regulations of this chapter.
§ 100-135. Fees.
All applications to the Planning Board for approval of site •
development plans shall be accompanied by a fee of twenty-five
dollars ($25.)
§ 100-136. Cluster development. [Added 5-29-73; amended 2-1-83
by L.L. No. 2-19831
The Planning Board may, in the exercise of its discretion,
require cluster developments for one -family dwellings in an A
10062 4-25-83
§ 100-145 ZONING § 100-150
commits, takes part or assists in the commission of any such
offense or who shall fail to comply with a written order or notice of
the Building Inspector shall, upon conviction thereof, be guilty of
a violation punishable by a fine not exceeding fifty dollars ($50.)
or imprisonment for a period not to exceed six (6) months, or both.
Each week's continued offense shall constitute a separate, ad-
ditional violation.
§ 100-146. Remedies.
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained, or any
building, structure or land is used, in violation of this chapter or of
any regulations made pursuant thereto, in addition to other
remedies provided by law, any appropriate action or proceeding,
whether by legal process or otherwise, may be -instituted or taken
to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use, or to restrain,
correct or abate such violation, or to prevent the occupancy of said
building, structure or land, or to prevent any illegal act, conduct,
business or use in or about such premises.
ARTICLE XV
Amendments
§ 100-150. Procedures.
The Town Board, upon its own motion or by petition, may, from
time to time, amend, supplement, change, modify or repeal this
chapter, including the Zoning Map, by proceeding in the following
manner:
A. The Town Board, by resolution adopted at a stated
meeting, shall fix the time and place of a public hearing on
the proposed amendment and cause notice thereof to be
given pursuant to the provisions of the Town Law.
B. The Town Hoard, before advertising for a public hearing,
shall, in a written request, instruct the Town Planning
10073 7-25-75
§ 100-150 SOUTHOLD CODE § 100-152
Board to prepare.an official report defining the conditions
described in a petition and to determine the area so af-
fected, with its recommendations.
§,100-151. Fees.
Every petition for a change or amendment to this chapter or the •
Zoning Map shall be filed with the Town Clerk and shall be ac-
companied by a fee of one hundred dollars ($100.).
§ 100-152. Notice of proposed change of zone classification.
[Added 5-30.75 by L.L. No. 3-19751
A. In the case of a petition requesting a change in zoning
district classification, in addition to the notice required by
law, a written notice containing the following information
shall be sent by the petitioner, 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 im-
mediately adjacent to the property proposed to be changed
in zoning district classification, 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 Southold town assessment
roll. 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 notice in the form of a sworn statement
shall be filed with the Town Clerk at the time of filing the
petition. Such notice shall contain the following in-
formation:
(1) A statement that the petitioner proposes to file a
petition with the Southold Town Clerk requesting a
change of zone classification.
(2) A description of the property which is the subject of
such petition.
10074 7-25-75
r
•
•
SOUTHOLD SUPPLEMENTAL INDEX
—A— —D—
ALTERATION defined, 100-18
ANCHORING; boats, 32-39 — 32-39.2
ARCHITECTURAL SIGNIFI-
CANCE defined, 56-3
A RESIDENTIAL AND AGRICUL-
TURAL DISTRICT
Relief from bulk and parking re-
quirements, 100-31.1
—B—
BOATS
Boats, docks and wharves, 32-30.-
32-39.2
Mooring and anchoring, 32-39 — 32-
39.2
BOATS, DOCKS AND WHARVES,-
boats,
HARVES;boats, 32-30 — 32-39.2
BUILDING AREA defined, 100-13
BULK, AREA AND PARKING; A
Residential and Agricultural Dis-
trict, 100-31.1
_C_
COMMISSION defined, 56-3
CONDOMINIUM defined, 100-13
1 Z
DEFINITIONS
Alteration, 100-13
Architectural significance, 56-3
Building area, 100-13
Commission, 56-3
Condominium, 100-13
Exterior architectural features, 56-3
Historical significance, 56-3
Landmark, 56-3
Landmark designation, 56-3
Lot coverage, 100-13
Permanent mooring, 32-31
Structure, 56-3
Taxpayer, 77-201
SI -1
Temporary anchoring, 32-31
Yard, 100-13
DOGS; fees, 38-7
—E—
EXTERIOR ARCHITECTURAL
FEATURES defined, 56-3
—F—
FEES
Dogs, 38-7
Subdivision of land, A106 -13C
FENCES, WALLS AND HEDGES;
zoning, 100-119.1
—H—
HISTORICAL SIGNIFICANCE de-
fined, 56-3
—L—
LANDMARK defined, 56-3
LANDMARK PRESERVATION
Definitions, 56-3
Designation of landmarks, 56-6
Landmark Preservation Commis-
sion, 56-4, 56-5
Purpose, 56-2
Review of permit applications, 56-7
Termination of landmark designa-
tion, 56-8
Title, 56-1
LANDMARK PRESERVATION
COMMISSION
Compensation, 56-4
Duties, 56-5
Landmark preservation, 56-4, 56-5
Meetings, 56-4
Membership, 56-4
10=25.83
SOUTHOLD SUPPLEMENTAL INDEX
—L— _S_
Officers, 56-4
Terms of office, 56-4
LOT COVERAGE defined, 100-13
LOTS; zoning, 100-19
SUBDIVISION OF LAND
Accompanying documents and in-
formation, A106-44
.Fees, A106 -13C
—M— —T—
MEETINGS; Landmark Preservation TAXPAYER defined, 77-201
Commission, 56-4 TEMPORARY ANCHORI.NG de -
MEMBERSHIP fined, 32-31
Landmark Preservation Commis- TERMS OF OFFICE
sion, 56-4 Landmark Preservation Commis-
sion, 56-4
—N—
—Y—
NOTICES
Zoning, 100-152 YARD defined, 100-13
—O— _Z_
OFFICERS AND EMPLOYEES; ZONING
Landmark Preservation Commis- Fences, walls and hedges, 100-119.1
sion, 56-4 Lots, 100-19
Notice of proposed change of zone
classification, 100-152
—P— Title, 100-9
PERMANENT MOORING defined,
32-31
POWERS AND DUTIES
Landmark Preservation Commis-
sion, 56-5
17
SALARIES AND COMPENSATION
Landmark Preservation Commis-
sion, 56-4
SHELLFISH
Dredges and scrapes, 77-211.1
Purpose, 77-200.1
STRUCTURE defined,, 56-3
SI -2
10-25-83
•
•