HomeMy WebLinkAboutLL #16 2017 STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA ANDREW M. CUOMO
. GOVERNOR
99 WASHINGTON AVENUE
ALBANY,NY 12231-0001 ROSSANA ROSADO
WWW DOS.NY GOV SECRETARY OF STATE
RECEIVED
D EC - 1 2017
November 27, 2017 Southold Town Clerk
LYNDA M RUDDER ---
53095 MAIN RD PO BOX_ 1179
SOUTHOLD, NY 11971
RE: TOWN of SOUTHOLD, Local Law 16-17 2017, filed on 11/20/2017
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
NEW YORK Department
STATE OF
OPPORTUNITY. of State
SOUTHOLD TOWN BOARD
PUBLIC HEARING
October 24, 2017
7:31 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman William Ruland
Councilwoman Jill Doherty
Councilman James Dinizio, Jr.
Councilman Bob Ghosio, Jr.
* * * *
Town Clerk Elizabeth Neville
Town Attorney William Duffy
NOTICE IS HEREBY GIVEN
COUNCILMAN GHOSIO: there has been presented to the
th
Town Board of the Town of Southold, Suffolk County, New York, on the 29 day of August,
“A Local Law in relation to Amendments to Chapter 275,
2017, a Local Law entitled
Wetlands and Shoreline, in connection with Coastal Contractor Licensing”
and
NOTICE IS HEREBY FURTHER GIVEN
that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,
24th day of October, 2017 at 7:30 p.m.
Southold, New York, on the at which time all interested
persons will be given an opportunity to be heard.
“A Local Law in relation to Amendments to Chapter 275,
The proposed Local Law entitled,
Wetlands and Shoreline, in connection with Coastal Contractor Licensing”
reads as follows:
LOCAL LAW NO. 2017
“A Local Law in relation to Amendments to Chapter 275, Wetlands
A Local Law entitled,
and Shoreline, in connection with Coastal Contractor Licensing”
.
BE IT ENACTED
by the Town Board of the Town of Southold as follows:
I. Purpose.
In order to continue to protect the natural state of the shorelines and wetlands within the Town of
Southold, it is the purpose of these amendments to provide herein for a strengthened system of
local licensing of marine contractors in order to more fully protect homeowners and responsible
marine contractors alike.
II.
Chapter 275 of the Code of the Town of Southold is hereby amended as follows:
Amendments to Chapter 275, Coastal Contractor Permit
October 24, 2017 page 2
§ 275-2. Definitions; word usage.
COASTAL CONSTRUCTION - The repair, modification, re-construction or new construction of
structures including but not limited to bulkheads, docks, floats, jetties, groins, catwalks,
stairways, decks, revetments, any erosion or water control device. Included in this definition is
landscape design, landscape architecture, the installation or maintenance of lawns, hedges, trees
and other plantings or structural elements such as patios, decks, retaining walls, in-ground
irrigation systems, or other work in and around wetland areas which requires a permit pursuant to
this Chapter entitled Wetlands and Shorelines or Chapter 111 Coastal Erosion Hazard Areas of
the Town Code.
COASTAL CONTRACTOR - A person who carries out, engages in, undertakes or holds himself
out to others as performing or available to perform coastal construction.
§ 275-3(a) Licensing of Coastal Contractors.
A. Commencing January 1, 2018 it shall be unlawful for any person to engage in coastal
construction in the Town of Southold without first obtaining a license from the
Southold Town Clerk’s Office in accordance with the provisions of this Chapter. Such
license or a copy thereof shall be available at all of the contractor’s work sites and shall
be produced to any official having jurisdiction upon demand. Licenses for coastal
contractors are non-transferable.
B. Exceptions.
No license shall be required for the following:
(1) An individual who engages in coastal construction on their own residential
property. This exception shall not apply to corporations, limited liability
companies or other unincorporated business entities.
(2) An individual who performs labor or services for a licensed coastal contractor for
wages or salary.
(3) An architect, professional engineer, land surveyor or any other person who is
required by state or Town law to attain standards of competency or experience as
a prerequisite to engaging in such craft or profession and who is acting
exclusively within the scope of the craft or profession for which he is currently
licensed.
(4) Any municipality or government agency.
C. Fees.
(1) The fee for a coastal contractor’s license shall be set by the Town Board, and
shall be paid upon the filing of each application. A license issued hereunder shall
be for a period of one year from the date of issuance thereof.
D. Insurance required.
A coastal contractor shall have a certificate of insurance and workers compensation
insurance covering liability upon applying for a coastal contractor’s license and shall
Amendments to Chapter 275, Coastal Contractor Permit
October 24, 2017 page 3
maintain such policy during the period the license is in effect. In addition to the above
coastal contractors must provide proof of an issued Suffolk County Contractors license
where applicable. Failure to maintain said coverage will provide grounds for
revocation of the license pursuant to § 275-3a(E).
E. Acknowledgement of Town Law Compliance
All applicants for a coastal contractors license shall be required to read, review and
provide an acknowledgement that they are on affirmative notice of Chapters 111 and
275 of the Town Code and agree to abide by the requirements set forth therein. They
must further acknowledge that failure to do so may result in the revocation of the
coastal contractors license.
F. Revocation of license.
(1) Licenses issued under the provisions of this chapter may be revoked by resolution
of the Board of Trustees upon notice and hearing before the Board of Trustees.
(2) Licenses may be revoked for failure of contractors to abide by the terms and
conditions of Trustee Permits and/or violations of Section 275 of the Town Code.
(3) Notice of the hearing before the Board of Trustees for revocation of a license
shall be given in writing, setting forth the grounds of the complaint and the time
and place of hearing.
(4) Grounds for a hearing shall be a conviction for a violation of section 275-5 or
275-11 of the Town Code
(5) Such notice shall be sent by certified mailing to the address provided in the
application for the license on file in the Town Clerk’s Office, or, in the
alternative, to the license holder’s last known address. Such notice must be
mailed at least five days prior to the date of the hearing.
(6) At the conclusion of said hearing, the Board of Trustees may, at their discretion,
suspend or revoke the license or take no action.
(7) In the event of two or more suspensions the Trustees may move to permanently
bar the holder from license eligibility.
(8) In addition to the revocation hearing, a violation of the provisions of this chapter
may be separately maintained in the Town Justice Court in accordance with §
275-16.
§ 275-16. Compliance requirements; penalties for offenses.
B For each offense against any of the provisions of this chapter or any regulations made
pursuant thereto, or failure to comply with a written notice or order of any Director of
Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for
compliance therewith, the owner, occupant, builder, architect, contractor or their
agents or any other person who 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
Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to
the following fine schedule. Each day on which such violation occurs may constitute
a separate, additional offense.\[Amended 12-18-2007 by L.L. No. 23-2007; 3-23-2010
by L.L. No. 1-2010\]
(1)
Failure to obtain a permit. Any person conducting operations within the
Amendments to Chapter 275, Coastal Contractor Permit
October 24, 2017 page 4
jurisdiction of the Trustees without first obtaining a permit according to the
procedures outlined in this chapter shall be subject to a fine of not less than
$1,000 and not more than $4,000 $6,000 or a term of imprisonment of not less
than 15 days nor more than six months, or both.
(2)
Failure to comply with the terms of a permit.
(a)
Any person failing to comply with the terms of a permit shall be subject to
a fine of not less than $500 $1,000 and not more than $4,000 $6,000. For
each subsequent offense, the violator shall be guilty of a misdemeanor
punishable by a fine not less than $1,000 $2,000 nor more than $7,500
$10,000 or a term of imprisonment of not less than 15 days nor more than
six months, or both.
(b)
Any person failing to comply with posting the permit and/or the
requirement for supporting plans to be available for immediate inspection
275-10
pursuant to § shall be subject to a fine of not more than $1,000.
(3)
Failure to heed a stop-work order. Any person conducting operations in direct
contradiction to the terms of a stop-work order shall be subject to a fine of not less
than $1,000 and not more than $4,000 $6,000. For each subsequent offense, the
violator shall be guilty of a misdemeanor punishable by a fine not less than
$1,000 $2,000 nor more than $7,500 $10,000 or a term of imprisonment of not
less than 15 days nor more than six months, or both.
(4)
Restoration. In lieu or in addition to these punishments, any offender may be
punished by being ordered to restore the affected wetland to its condition prior to
the offense. Any such order shall specify a reasonable time for the completion of
such restoration, which shall be effected under the supervision of the approving
authority. The Trustees reserve the right to require specific replanting and
restoration methods including specific survivability and success criteria.
(5)
Failure to comply with a restoration plan. Any person failing to comply with the
B(4)
terms of a mandated restoration plan as detailed in Subsection of this section
within the proscribed period of time for completion shall be guilty of an offense
and subject to a fine of not less than $1,000 and not more than $4,000 $6,000.
(6) For the offense of conducting or engaging in any coastal construction project or
business without having first obtained a license, or while his license is suspended
or revoked, a violator shall be subject to a fine of not more than $5,000 for the
first offense and not more than $10,000 for each subsequent offense.
(6)
(7) Mitigation. When on-site wetlands restoration and creation may be unfeasible due
to technical or other constraints, other mitigative measures, such as off-site
wetland restoration or creation, may be required.
(7) (8) Other offenses. For an offense against any of the provisions of this Chapter not
specifically designated above, a violator shall be subject to a fine of not more than
$1,000.
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Amendments to Chapter 275, Coastal Contractor Permit
October 24, 2017 page 5
I do have a signed affidavit here that this has been noticed on the Town clerk’s bulletin board
and in the Suffolk Times. I do have a letter here from the Suffolk County Department of
Economic Development and Planning that this is to be considered a matter of local
determination, that there is no apparent significant county-wide or inter-community impacts. A
decision of local determination should not be construed as either an approval or a disapproval.
That’s it.
SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this particular
local law?
MIKE DOMINO: Mike Domino, presently President of the Southold Board of Trustees along
with Vice-President John Bredemeyer. Speaking in support of the coastal contractors, 915. We
wanted to take this opportunity to thank the Town Board, code committee, Town Attorney Bill
Duffy and Assistant Town Attorney Damon Hagan for their assistance in developing this
resolution. Several years ago it became evident that a new class of customers were overloading
our offices with repeat violations because they recognize that violating the terms of the permit
and paying a small fee resulted in increased profits. Not only did the penalty part of the code fail
to stop these repeat offenders, it did not adequately address the protection phase of the
environment. The resolution before you will develop a licensing process that requires each
applicant to assert that he or she is cognizant of and respectful of the town code relevant to our
wetlands. The first violation of the code will result in an increased fine and subsequent
violations may result in the loss of the license to operate in Southold Town. Hopefully this will
prevent recidivism and make it easier for our office to concentrate on valid applications. Once
again, we support this resolution. Thank you for your time.
SUPERVISOR RUSSELL: Would anyone else like to address the Town Board?
JOHN BREDEMEYER: Good evening, my name is John Bredemeyer. Former Board President,
I don’t need to speak at length on this because President Domino spoke eloquently and the
institutional memory of two Town Board members and former Trustees goes a long way. And
one in particular, Jill Doherty, when I was a Trustee back in the mid 80’s and 90’s, things were a
lot different then. We would make suggestions to homeowners and applicants and permit
expeditors and I would say our level of compliance was about 99 percent. And this new class of
customers is exactly what Mike Domino spoke to and actually this actually, this is a work
product that includes not only Bob Ghosio and Jill Doherty but also two other prior Town
Attorney’s that helped bring cases before town court and I would say we are dealing with one or
two hard cases that speak to a problem which is largely indifference, indolence, actually
indignation. We have some people now that will lay false claims against our Board, they will
actually claim that we are not holding public meetings. This Board is totally transparent, we
meet, we gladly meet with everyone. We have this great architectural pre-submission
conferences and we gladly meet during work session. Great opportunities to educate people
during our normal permit process but this new class of customers is what we have all had to deal
with. Thank you, I appreciate it.
Amendments to Chapter 275, Coastal Contractor Permit
October 24, 2017 page 6
SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on
this particular local law? (No response)
* * * * * *
Elizabeth A. Neville
Southold Town Clerk
f 1
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY,NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
Local Law No. 16 of the year 2017 .
A Local Law entitled, A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline, in
connection with Coastal Contractor Licensing
Be it enacted the Town Board of the:
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
I. Purpose.
In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, it is
the purpose of these amendments to provide herein for a strengthened system of local licensing of marine
contractors in order to more fully protect homeowners and responsible marine contractors alike.
II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows:
§ 275-2. Definitions; word usage.
COASTAL CONSTRUCTION-The repair,modification, re-construction or new construction of structures
including but not limited to bulkheads, docks, floats,jetties, groins, catwalks, stairways, decks, revetments, any
erosion or water control device. Included in this definition is landscape design, landscape architecture, the
installation or maintenance of lawns,hedges,trees and other plantings or structural elements such as patios,
decks,retaining walls, in-ground irrigation systems, or other work'in and around wetland areas which requires a
permit pursuant to this Chapter entitled Wetlands and Shorelines or Chapter 111 Coastal Erosion Hazard Areas
of the Town Code.
COASTAL CONTRACTOR-A person who carries out, engages in,undertakes or holds himself out to others
as performing or available to perform coastal construction.
(If additional space is needed, attach pages the same size as this sheet,and number each.)
DOS-239(Rev.05/05)
1
§ 275-3(a) Licensing of Coastal Contractors.
A. Commencing January 1, 2018 it shall be unlawful for any person to engage in coastal construction in
the Town of Southold without first obtaining a license from the Southold Town Clerk's Office in
accordance with the provisions of this Chapter. Such license or a copy thereof shall be available at all
of the contractor's work sites and shall be produced to any official having jurisdiction upon demand.
Licenses for coastal contractors are non-transferable.
B. Exceptions.
No license shall be required for the following:
(1) An individual who engages in coastal construction on their own residential property. This
exception shall not apply to corporations, limited liability companies or other unincorporated
business entities.
(2) An individual who performs labor or services for a licensed coastal contractor for wages or
salary.
(3) An architect,professional engineer, land surveyor or any other person who is required by state or
Town law to attain standards of competency or experience as a prerequisite to engaging in such
craft or profession and who is acting exclusively within the scope of the craft or profession for
which he is currently licensed.
(4) Any municipality or government agency.
C. Fees.
(1) The fee for a coastal contractor's license shall be set by the Town Board, and shall be paid upon
the filing of each application. A license issued hereunder shall be for a period of one year from
the date of issuance thereof.
D. Insurance required.
A coastal contractor shall have a certificate of insurance and workers compensation insurance covering
liability upon applying for a coastal contractor's license and shall maintain such policy during the
period the license is in effect. In addition to the above coastal contractors must provide proof of an
issued Suffolk County Contractors license where applicable. Failure to maintain said coverage will
provide grounds for revocation of the license pursuant to § 275-3a(E).
E. Acknowledgement of Town Law Compliance
All applicants for a coastal contractor's license shall be required to read, review and provide an
acknowledgement that they are on affirmative notice of Chapters 111 and 275 of the Town Code and
agree to abide by the requirements set forth therein. They must further acknowledge that failure to do
so may result in the revocation of the coastal contractor's license.
F. Revocation of license.
(1) Licenses issued under the provisions of this chapter may be revoked by resolution of the Board
of Trustees upon notice and hearing before the Board of Trustees.
(2) Licenses may be revoked for failure of contractors to abide by the terms and conditions of
Trustee Permits and/or violations of Section 275 of the Town Code.
(3) Notice of the hearing before the Board of Trustees for revocation of a license shall be given in
writing, setting forth the grounds of the complaint and the time and place of hearing.
(4) Grounds for a hearing shall be a conviction for a violation of section 275-5 or 275-11 of the
Town Code
(5) Such notice shall be sent by certified mailing to the address provided in the application for the
license on file in the Town Clerk's Office, or, in the alternative, to the license holder's last
known address. Such notice must be mailed at least five days prior to the date of the hearing.
(6) At the conclusion of said hearing, the Board of Trustees may, at their discretion, suspend or
revoke the license or take no action.
(7) In the event of two or more suspensions the Trustees may move to permanently bar the holder
from license eligibility.
(8) In addition to the revocation hearing, a violation of the provisions of this chapter may be
separately maintained in the Town Justice Court in accordance with § 275-16.
2
§ 275-16. Compliance requirements; penalties for offenses.
B For each offense against any of the provisions of this chapter or any regulations made pursuant
thereto, or failure to comply with a written notice or order of any Director of Code Enforcement,
Zoning Inspector, or Bay Constable within the time fixed for compliance therewith, the owner,
occupant, builder, architect, contractor or their agents or any other person who 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 Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to
the following fine schedule. Each day on which such violation occurs may constitute a separate,
additional offense.[Amended 12-18-2007 by L.L. No. 23-2007; 3-23-2010 by L.L. No. 1-2010]
(1) Failure to obtain a permit. Any person conducting operations within the jurisdiction of the
Trustees without first obtaining a permit according to the procedures outlined in this chapter
shall be subject to a fine of not less than$1,000 and not more than$6,000 or a term of
imprisonment of not less than 15 days nor more than six months, or both.
(2) Failure to comply with the terms of a permit.
(a) Any person failing to comply with the terms of a permit shall be subject to a fine of not
less than$1,000 and not more than$6,000. For each subsequent offense, the violator
shall be guilty of a misdemeanor punishable by a fine not less than $2,000 nor more than
$10,000 or a term of imprisonment of not less than 15 days nor more than six months, or
both.
(b) Any person failing to comply with posting the permit and/or the requirement for
supporting plans to be available for immediate inspection pursuant to § 275-10 shall be
subject to a fine of not more than$1,000.
(3) Failure to heed a stop-work order. Any person conducting operations in direct contradiction to
the terms of a stop-work order shall be subject to a fine of not less than$1,000 and not more than
$6,000. For each subsequent offense, the violator shall be guilty of a misdemeanor punishable by
a fine not less than$2,000 nor more than$10,000 or a term of imprisonment of not less than 15
days nor more than six months, or both.
(4) Restoration. In lieu or in addition to these punishments, any offender may be punished by being
ordered to restore the affected wetland to its condition prior to the offense. Any such order shall
specify a reasonable time for the completion of such restoration, which shall be effected under
the supervision of the approving authority. The Trustees reserve the right to require specific
replanting and restoration methods including specific survivability and success criteria.
(5) Failure to comply with a restoration plan. Any person failing to comply with the terms of a
mandated restoration plan as detailed in Subsection B(4) of this section within the proscribed
period of time for completion shall be guilty of an offense and subject to a fine of not less than
$1,000 and not more than$6,000.
(6) For the offense of conducting or engaging in any coastal construction project or business without
having first obtained a license, or while his license is suspended or revoked, a violator shall be
subject to a fine of not more than$5,000 for the first offense and not more than$10,000 for each
subsequent offense.
(7) Mitigation. When on-site wetlands restoration and creation may be unfeasible due to technical or
other constraints, other mitigative measures, such as off-site wetland restoration or creation,may
be required.
(8) Other offenses. For an offense against any of the provisions of this Chapter not specifically
designated above, a violator shall be subject to a fine of not more than$1,000.
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
3
IV. EFFECTIVE DATE
This Local Law shall take effect January 1, 2018 after filing with the Secretary of State as provided by law.
4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. 16 of 20 17 . of the
(Town) of SOUTHOLD was duly passed by the
TOWN BOARD on_ November 8 ,20 17 ,in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was (approved)(not approved)(re-passed after
disapproval)by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20_____,and was(approved)(not approved)(repassed after
disapproval)by the on 20 . Such local law was submitted
to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide
basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
5
f, .
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37)of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the(special)(general) election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No of 20
of the County of State of New York,having been submitted to the electors
at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript there from and of the whole of such original local law , and was finally adopted in the manner indicated
in paragraph 1 , above.
O-J.4��
Clerk offie County legislative body. City.Town or
(Seal) Village Clerk or officer designated by local legislative body
Elizabeth A.Neville,Town Clerk
Date: November 14,2017
(Certification to be executed by County Attorney, Corporation Counsel,Town Attorney,Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
1,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Signature
William Duffy,Town Att ney
Damon Hagan,Assistant Town Attorney
Title
Gity
Town of SOUTHOLD
Date: November 14,2017
6
)07
Southold Town Board - Letter Board Meeting of November 8, 2017
�gtlfF�(,", RESOLUTION 2017-915 Item# 5.3
ADOPTED DOC ID: 13478
P
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-915 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 8,2017:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 29th day of August, 2017, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 275,Wetlands and Shoreline, in connection with
Coastal Contractor Licensinjj" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons will be given an opportunity to be heard,NOW
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and
Shoreline, in connection with Coastal Contractor Licensing" reads as follows:
LOCAL LAW NO. I( 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands
and Shoreline, in connection with Coastal Contractor Licensing".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
In order to continue to protect the natural state of the shorelines and wetlands within the Town of
Southold, it is the purpose of these amendments to provide herein for a strengthened system of
local licensing of marine contractors in order to more fully protect homeowners and responsible
marine contractors alike.
II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows:
§ 275-2. Definitions; word usage.
COASTAL CONSTRUCTION - The repair, modification re-construction or new construction of
structures including but'not limited to bulkheads docks floats jetties, groins catwalks
stairways, decks, revetments, any erosion or water control device. Included in this definition is
landscape design. landscape architecture the installation or maintenance of lawns hedges trees
and other plantings or structural elements such as patios. decks retaining walls in-ground
irrigation systems or other work in and around wetland areas which requires a permit pursuant to
Generated November 9, 2017 Page 1 l
Southold Town Board - Letter Board Meeting of November 8, 2017
this Chapter entitled Wetlands and Shorelines or Chapter 111 Coastal Erosion Hazard Areas of
the Town Code.
COASTAL CONTRACTOR-A person who carries out, engages in, undertakes or holds himself
out to others as performing or available to perform coastal construction.
§ 275-3(a) Licensing of Coastal Contractors.
A. CommencingJanuary 1, 2018 it shall be unlawful for any person to engage in coastal
construction in the Town of Southold without first obtaining a license from the
Southold Town Clerk's Office in accordance with the provisions of this Chapter. Such
license or a copy thereof shall be available at all of the contractor's work sites and shall
be produced to any official having jurisdiction upon demand. Licenses for coastal
contractors are non-transferable.
B. Exceptions.
No license shall be required for the following_
(1) An individual who engages in coastal construction on their own residential
property. This exception shall not apply to corporations, limited liability
companies or other unincorporated business entities.
(2) An individual who performs labor or services for a licensed coastal contractor for
wages or salary_
(3) An architect, professional engineer, land surveyor or any other person who is
required by state or Town law to attain standards of competency or experience as
a prerequisite to engaging in such craft or profession and who is acting
exclusively within the scope of the craft or profession for which he is currently
licensed.
(4) Any municipality or government agency_
C. Fees.
(1) The fee for a coastal contractor's license shall be set by the Town Board, and
shall be paid upon the filing of each application. A license issued hereunder shall
be for a period of one year from the date of issuance thereof.
D. Insurance required.
A coastal contractor shall have a certificate of insurance and workers compensation
insurance covering liability upon applying for a coastal contractor's license and shall
maintain such policy during the period the license is in effect. In addition to the above
coastal contractors must provide proof of an issued Suffolk County Contractors license
where applicable. Failure to maintain said coverage will provide grounds for
revocation of the license pursuant to § 275-3a(E).
E. Acknowledgement of Town Law Compliance
All applicants for a coastal contractors license shall be required to read, review and
provide an acknowledgement that they are on affirmative notice of Chapters 111 and
275 of the Town Code and agree to abide by the requirements set forth therein. They
must further acknowledge that failure to do so may result in the revocation of the
coastal contractors license.
F. Revocation of license.
(1) Licenses issued under the provisions of this chapter may be revoked by resolution
Generated November 9, 2017 Page 12
Southold Town Board - Letter Board Meeting of November 8, 2017
of the Board of Trustees upon notice and hearing before the Board of Trustees
(2) Licenses may be revoked for failure of contractors to abide by the terms and
conditions of Trustee Permits and/or violations of Section 275 of the Town Code.
(3) Notice of the hearing before the Board of Trustees for revocation of a license
shall be given in writing, setting forth the grounds of the complaint and the time
and place of hearing_
(4) Grounds for a hearing shall be a conviction for a violation of section 275-5 or
275-11 of the Town Code
(5) Such notice shall be sent by certified mailing to the address provided in the
qpplication for the license on file in the Town Clerk's Office or, in the
alternative,to the license holder's last known address. Such notice must be
mailed at least five daysprior to the date of the hearing_
(6) At the conclusion of said hearing, the Board of Trustees may, at their discretion
suspend or revoke the license or take no action.
(7) In the event of two or more suspensions the Trustees may move to permanently
bar the holder from license eligibility.
(8) In addition to the revocation hearing a violation of the provisions of this chapter
may be separately maintained in the Town Justice Court in accordance with &
275-16.
§ 275-16. Compliance requirements; penalties for offenses.
B For each offense against any of the provisions of this chapter or any regulations made
pursuant thereto, or failure to comply with a written notice or order of any Director of
Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for
compliance therewith, the owner, occupant, builder, architect, contractor or their
agents or any other person who 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
Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to
the following fine schedule. Each day on which such violation occurs may constitute
a separate, additional offense.[Amernded 12-15-2007 by L.L. No. 23-2007; 3-23-2010
by L.L. No. 1-20 10 1
(1) Failure to obtain a permit. Any person conducting operations within the
jurisdiction of the Trustees without first obtaining a permit according to the
procedures outlined in this chapter shall be subject to a fine of not less than
$1,000 and not more than$4,009 $6,000 or a term of imprisonment of not less
than 15 days nor more than six months, or both.
(2) Failure to comply with the terms of a permit.
La) Any person failing to comply with the terms of a permit shall be subject to
a fine of not less than$5-00$1,000 and not more than$4,000 $6,000. For
each subsequent offense, the violator shall be guilty of a misdemeanor
punishable by a fine not less than$1,000$2,000 nor more than $7,500
$10,000 or a term of imprisonment of not less than 15 days nor more than
six months, or both.
t� } _Any person failing to comply with posting the permit and/or the
requirement for supporting plans to be available for immediate inspection
pursuant to § 275-10 shall be subject to a fine of not more than $1,000.
Generated November 9, 2017 Page 13
Southold Town Board - Letter Board Meeting of November 8, 2017
(3) Failure to heed a stop-work order. Any person conducting operations in direct
contradiction to the terms of a stop-work order shall be subject to a fine of not less
than $1,000 and not more than$4,000 $6,000. For each subsequent offense, the
violator shall be guilty of a misdemeanor punishable by a fine not less than
$1,000 $2,000 nor more than $7,500 $10,000 or a term of imprisonment of not
less than 15 days nor more than six months, or both.
(4) Restoration. In lieu or in addition to these punishments, any offender may be
punished by being ordered to restore the affected wetland to its condition prior to
the offense. Any such order shall specify a reasonable time for the completion of
such restoration, which shall be effected under the supervision of the approving
authority. The Trustees reserve the right to require specific replanting and
restoration methods including specific survivability and success criteria.
(-} Failure to comply with a restoration plan. Any person failing to comply with the
terms of a mandated restoration plan as detailed in Subsection B(4) of this section
within the proscribed period of time for completion shall be guilty of an offense
and subject to a fine of not less than $1,000 and not more than$4,000 $6,000.
(6) For the offense of conducting or engaging in any coastal construction project or
business without having first obtained a license, or while his license is suspended
or revoked, a violator shall be subject to a fine of not more than $5,000 for the
first offense and not more than $10,000 for each subsequent offense.
fo (7) Mitigation. When on-site wetlands restoration and creation may be unfeasible due
to technical or other constraints, other mitigative measures, such as off-site
wetland restoration or creation, may be required.
(7) Other offenses. For an offense against any of the provisions of this Chapter not
specifically designated above, a violator shall be subject to a fine of not more than
$1,000.
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect January 1, 2018 after filing with the Secretary of State as
provided by law.
c
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated November 9. 2017 Page 14
ELIZABETH A.NEVILLE,MMC ��� Town Hall,53095 Main Road
_ TOWN CLERK � � P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS WeFax(631)765-6145
MARRIAGE OFFICER �, ®�. Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ��� �`� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 15, 2017
Express Mail ' /'EK202962086US�
RE: Local Law No. 16 & 17 of 2017
Town of Southold, Suffolk County
New York State Department of State
State Records & Law Bureau
One Commerce Plaza a
99 Washington Avenue
Albany,NY 12231
Dear Sir/Madam: -------�---------- -'
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copy of Local Law No. 16 & 17 of 2017 of the Town of
Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
n
0
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
Rudder, Lynda
From: ersupp <ersupp@generalcode.com>
Sent: Wednesday, November 15, 2017 11:36 AM
To: Rudder, Lynda
Subject: RE: Emailing: LL 16.docx, LL 17.docx
Thank you for your e-mail. If you are sending legislation for your Code project or your next Code supplement, it will be
processed in the usual manner. (Please note that legislation that is posted under"New Laws" in eCode3600 will appear
exactly as submitted to General Code)
All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible.
If you have any questions, please do not hesitate to call or e-mail Customer Service.
General Code
1-800-836-8834
ersuppCa-aeneralcode.com
1
Southold Town Board - Letter Board Meeting of October 24, 2017
S« RESOLUTION 2017-915 Item# 5.49
TABLED DOC ID: 13478
ecc:4'
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-915 WAS
TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 24, 2017:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 29`h day of August, 2017, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 275, Wetlands and Shoreline, in connection with
Coastal Contractor Licensing" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons will be given an opportunity to be heard, NOW
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and
Shoreline, in connection with Coastal Contractor Licensing" reads as follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands
and Shoreline, in connection with Coastal Contractor Licensing".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
In order to continue to protect the natural state of the shorelines and wetlands within the Town of
Southold, it is the purpose of these amendments to provide herein for a strengthened system of
local licensing of marine contractors in order to more fully protect homeowners and responsible
marine contractors alike.
II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows:
§ 275-2. Definitions; word usage.
COASTAL CONSTRUCTION - The repair, modification re-construction or new construction of
structures including but not limited to bulkheads docks floats jetties groins catwalks
stairways, decks, revetments, any erosion or water control device. Included in this definition is
landscape design, landscape architecture the installation or maintenance of lawns hedges trees
and other plantings or structural elements such as patios decks retaining walls in-ground
irrigation systems or other work in and around wetland areas which requires a permit pursuant to
M1
Generated October 27, 2017 Page 66
Southold Town Board - Letter Board Meeting of October 24, 2017
this Chapter entitled Wetlands and Shorelines or Chapter 111 Coastal Erosion Hazard Areas of
the Town Code.
COASTAL CONTRACTOR- A person who carries out engages in undertakes or holds himself
out to others as performing or available to perform coastal construction.
§ 275-3(a) Licensing of Coastal Contractors.
A. Commencing January 1, 2018 it shall be unlawful for any person to engage in coastal
construction in the Town of Southold without first obtaining a license from the
Southold Town Clerk's Office in accordance with the provisions of this Chapter. Such
license or a copy thereof shall be available at all of the contractor's work sites and shall
be produced to any official having jurisdiction upon demand. Licenses for coastal
contractors are non-transferable.
B. Exceptions.
No license shall be required for the following_
(1) An individual who engages in coastal construction on their own residential
property. This exception shall not apply to corporations limited liability
companies or other unincorporated business entities.
(2) An individual who performs labor or services for a licensed coastal contractor for
wages or salary.
(3) An architect, professional engineer, land surveyor or any other person who is
required by state or Town law to attain standards of competency or experience as
a prerequisite to engaging in such craft or profession and who is acting
exclusively within the scope of the craft or profession for which he is currently
licensed.
(4) Any municipality or government agency.
C. Fees.
(1) The fee for a coastal contractor's license shall be set by the Town Board and
shall be paid upon the filing of each application. A license issued hereunder shall
be for a period of one year from the date of issuance thereof.
D. Insurance-required. -
A coastal contractor shall have a certificate of insurance and workers compensation
insurance covering liability upon applying for a coastal contractor's license and shall
maintain such policy during the period the license is in effect. In addition to the above
coastal contractors must provide proof of an issued Suffolk County Contractors license
where applicable. Failure to maintain said coverage will provide grounds for
revocation of the license pursuant to § 275-3a(E).
E. Acknowledgement of Town Law Compliance
All applicants for a coastal contractors license shall be required to read review and
provide an acknowledgement that they are on affirmative notice of Chapters 111 and
275 of the Town Code and agree to abide by the requirements set forth therein They
must further acknowledge that failure to do so may result in the revocation of the
coastal contractors license.
F. Revocation of license.
(1) Licenses issued under the provisions of this chapter may be revoked by resolution
Generated October 27, 2017 Page 67
Southold Town Board - Letter Board Meeting of October 24, 2017
of the Board of Trustees upon notice and hearing before the Board of Trustees.
(2) Licenses may be revoked for failure of contractors to abide by the terms and
conditions of Trustee Permits and/or violations of Section 275 of the Town Code.
(3) Notice of the hearing before the Board of Trustees for revocation of a license
shall be given in writing, setting forth the grounds of the complaint and the time
and place of hearing_
(4) Grounds for a hearing shall be a conviction for a violation of section 275-5 or
275-11 of the Town Code
(5) Such notice shall be sent by certified mailing to the address provided in the
application for the license on file in the Town Clerk's Office, or, in the
alternative, to the license holder's last known address. Such notice must be
mailed at least five days prior to the date of the hearing_
(6) At the conclusion of said hearing, the Board of Trustees may, at their discretion,
suspend or revoke the license or take no action.
(7) In the event of two or more suspensions the Trustees may move to permanently
bar the holder from license eligibility.
(8) In addition to the revocation hearing, a violation of the provisions of this chapter
may be separately maintained in the Town Justice Court in accordance with $
275-16.
275-16. Compliance requirements; penalties for offenses.
B For each offense against any of the provisions of this chapter or any regulations made
pursuant thereto, or failure to comply with a written notice or order of any Director of
Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for
compliance therewith, the owner, occupant, builder, architect, contractor or their
agents or any other person who 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
Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to
the following fine schedule. Each day on which such violation occurs may constitute
a separate, additional offense.[Arnended 12-18-2007 by L.L. -No. 23-2007; 3-23-2010
by L.L. No. 1-2010]
Ll? Failure to obtain a permit. Any person conducting operations within the
jurisdiction of the Trustees without first obtaining a permit according to the
procedures outlined in this chapter shall be subject to a fine of not less than
$1,000 and not more than$4,000 $6,000 or a term of imprisonment of not less
than 15 days nor more than six months, or both.
(2) Failure to comply with the terms of a permit.
a Any person failing to comply with the terms of a permit shall be subject to
a fine of not less than$-580$1,000 and not more than$4,088$6,000. For
each subsequent offense, the violator shall be guilty of a misdemeanor
punishable by a fine not less than$1,000 $2,000 nor more than $7,500
$10,000 or a term of imprisonment of not less than 15 days nor more than
six months, or both.
1b_Any person failing to comply with posting the permit and/or the
requirement for supporting plans to be available for immediate inspection
pursuant to § 275-10 shall be subject to a fine of not more than $1,000.
N
Generated October 27, 2017 Page 68
,yt9
Southold Town Board - Letter Board Meeting of October 24, 2017
(3) Failure to heed a stop-work order. Any person conducting operations in direct
contradiction to the terms of a stop-work order shall be subject to a fine of not less
than $1,000 and not more than$4,000 $6,000. For each subsequent offense, the
violator shall be guilty of a misdemeanor punishable by a fine not less than
$1,000 $2,000 nor more than$7,500 $10,000 or a term of imprisonment of not
less than 15 days nor more than six months, or both.
(4) Restoration. In lieu or in addition to these punishments, any offender may be
punished by being ordered to restore the affected wetland to its condition prior to
the offense. Any such order shall specify a reasonable time for the completion of
such restoration, which shall be effected under the supervision of the approving
authority. The Trustees reserve the right to require specific replanting and
restoration methods including specific survivability and success criteria.
(�i) Failure to comply with a restoration plan. Any person failing to comply with the
terms of a mandated restoration plan as detailed in Subsection B(4) of this section
within the proscribed period of time for completion shall be guilty of an offense
and subject to a fine of not less than$1,000 and not more than$4,000$6,000.
(6) For the offense of conducting or engaging in any coastal construction project or
business without having first obtained a license, or while his license is suspended
or revoked, a violator shall be subject to a fine of not more than$5,000 for the
_first offense and not more than $10,000 for each subsequent offense.
f@ (7) Mitigation. When on-site wetlands restoration and creation may be unfeasible due
to technical or other constraints, other mitigative measures, such as off-site
wetland restoration or creation, may be required.
(7) Other offenses. For an offense against any of the provisions of this Chapter not
specifically designated above a violator shall be subject to a fine of not more than
$1,000.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect January 1, 2018 after filing with the Secretary of State as
provided by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: TABLED [UNANIMOUS] Next: 11/21/2017 4:30 PM
MOVER: Louisa P. Evans, Justice
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated October 27, 2017 Page 69
RECEIVED
SEP 2 8 2017
Steven Bellone Southold Town Clerk
_ SUFFOLK COUNTY EXECUTIVE
'Department of
Economic Development and Planning
Theresa Ward
Deputy County Executive and Commissioner Division of Planning
and Environment
September 22, 2017
Town of Southold
53095 Main Road
P.U. Box 1179
Southold,NY 11971
Attn: Elizabeth Neville
Applicant: Town of Southold
Zoning Action: Local Law No. of 2017
Amendments to Chapter 275
Wetlands & Shorelines, in connection
With Coastal Contractor Licensing
S.C.P.D. File No.:---;'-SD-'17=LD
Dear Ms.Neville:
Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County
Administrative Code,the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination as there is no
apparent significant county-wide or inter-community impact(s). A decision of local
determination should not be construed as either an approval or disapproval.
Very truly yours,
Sarah Lansdale
Director of Planning
ew P. F
Chief Planne
APF/cd
LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 HAUPPAUGE,NY 11788-0099 ■ (631)853-5191
f
#0002129620
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk
of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck, in the Town of
Southold, County of Suffolk and State of New York, and that the Notice of which the annexed
is a printed copy, has been regularly published in said Newspaper once each week for 1
weeks(s),successfully commencing on 10/12/2017
� l
Principal Clerk
Sworn to before me this ! ") day of OC62 L-- jL
Elizabeth Werkmeister
NOTARY PUBLIC,STATE OF NEW YORK
No.01 WE6365418
Qual'fied in Suffolk County
Commission'Expires Oct.02,202t ,
TYPESET- Mon Oct 09 15 26.41 EDT 2017
(2) An individual who performs labor or made pursuant thereto,or failure to comply a fine of not more than$5,000 for the
LEGAL NOTICE services for a licensed coastal contractor for with a written notice or order of any Director first offense and not more than$10
NOTICE OF PUBLIC HEARING wages or salary of Code Enforcement,Zoning Inspector,or for each subsequent offense
NOTICE IS HEREBY GIVEN there has (3) An architect, professional engineer, Bay Constable within the time fixed for com- (6) Q Mitigation When on-site
been presented to the Town Board of the land surveyor or any other person who is pliance therewith, the owner, occupant, lands restoration and creation may be un
Town of Southold, Suffolk County, New required by state or Town law to attain stan- builder,architect,contractor or their agents or sible due
York, on the 29th day of August, 2017, a dards of competency or experience as a pre- any other person who commits,takes part or to technical or other constraints, o
Local Law entitled"A Local Law in relation requisite to engaging in such craft or profes- assists in the commission of any such offense mitigative measures,such as off-site
to Amendments to Chapter 275,Wetlands sion and who is acting exclusively within the or who shall fail to comply with a written wetland restoration or creation,ma:
and Shoreline,in connection with Coastal scope of the craft or profession for which he is order or notice of the Director of Code En- required
Contractor Licensing"and currently licensed forcement,Zoning Inspector,or Bay Consta- (�T) (8) Other offenses. For an offs
NOTICE IS HEREBY FURTHER (4) Any municipality or government ble shall be subject to the following fine against any of the provisions of this Cha
GIVEN that the Town Board of the Town of agency schedule.Each day on which such violation not
Southold will hold a public hearing on the C Fees occurs may constitute a separate,additional specifically designated above,a viol
aforesaid Local Law at Southold Town Hall, (1) The fee for a coastal contractor's h- offense[Amended 12-18-2007 by L L No shall be subject to a fine of not more tha
53095 Main Road,Southold,New York,on cense shall be set by the Town Board, and 23-2007,3-23-2010 by LL No 1-2010] $1,000
the 24th day of October,2017 at7:30 p.m.at shall be paid upon the filing of each applica- (1_Failure to obtain a permit Any person H. SEVERABILITY
which time all interested persons will be tion A license issued hereunder shall be for a conducting operations within the If any clause,sentence,paragraph,sectioi
given an opportunity to be heard period of one year from the date of issuance jurisdiction of the Trustees without first part of this Local Law shall be adjudge[
The proposed Local Law entitled,"A Lo- thereof obtaining a permit according to the any court of competent jurisdiction to be
cal Law in relation to Amendments to D Insurance required procedures outlined in this chapter shall valid,the judgment shall not affect the w
Chapter 275,Wetlands and Shoreline,in A coastal contractor shall have a certificate be subject to a fine of not less than ity of this law as a whole or any part the
connection with Coastal Contractor Li- of insurance and workers compensation in- $1,000 and not more than S4,000$6,000 other than the part so decided to be uncoi
censin "reads as follows surance covering liability upon applying for a or a term of imprisonment of not less tutional or invalid
LOCAL LAW NO.2017 coastal contractor's license and shall maintain than 15 days nor more than six months, IV. EFFECTIVE DATE
A Local Law entitled,"A Local Law in such policy during the period the license is in or both This Local Law shall take effect Januar
relation to Amendments to Chapter 275, effect In addition to the above coastal con- _Failure to comply with the terms of a 2018 after filing with the Secretary of Stai
Wetlands and Shoreline, in connection tractors must provide proof of an issued Suf- permit provided by law
with Coastal Contractor Licensing". folk County Contractors license where appli- (aa) Any person failing to comply with Dated-August 29,2017
BE IT ENACTED by the Town Board of cable Failure to maintain said coverage will the terms of a permit shall be subject to BY ORDER OF THE TOWN BOA
the Town of Southold as follows, provide grounds for revocation of the license a fine of not less than$560$1,000 and OF THE TOWN OF SOUTHC
I. Purpose. pursuant to§275-3a(E) not more than$4,000$6,000.For Elizabeth A Ne,
In order to continue to protect the natural state E Acknowledgement of Town Law Com- each subsequent offense,the violator Southold Town C
of the shorelines and wetlands within thelip ance shall be guilty of a misdemeanor 2129620
Town of Southold,it is the purpose of these All applicants for a coastal contractors license punishable by a fine not less than
amendments to provide herein for a shall be required to read,review and provide $1666$2,000 nor more than$7;506
strengthened system of local I icensing of ma- an acknowledgement that they are on affirm- $10,000 or a term of imprisonment of
rine contractors in order to more fully protect ative notice of Chapters 111 and 275 of the not less than 15 days nor more than
homeowners and responsible marine contrac- Town Code and agree to abide by the six months,or both
tors alike, requirements set forth therein They must fur- LbL_Any person failing to comply with
H. Chapter 275 of the Code of the Town of ther acknowledge that failure to do so may posting the permit and/or the
Southold is hereby amended as follows result in the revocation of the coastal contrac- requirement for supporting plans to be
§275-2.Definitions;word usage. tors license. available for immediate inspection
COASTAL CONSTRUCTION - The re- F. Revocation of license. pursuant to§275-10 shall be subject
parr, modification, re-construction or new (1) Licenses issued under the provisions of to a fine of not more than$1,000
construction of structures including but not this chapter may be revoked by resolution of J3LFailure to heed a stop-work order
limited to bulkheads, docks floats, betties, the Board of Trustees upon notice and hearing Any person conducting operations in direct
groins, catwalks, stairways, decks, revel- before the Board of Trustees contradiction to the terms of a stop-work
ments,any erosion or water control device (2) Licenses may be revoked for failure of order shall be subject to a fine of not less
Included in this definition is landscape de- contractors to abide by the terms and con- than$1,000 and not more than$4,666
sign, landscape architecture,the installation ditions of Trustee Permits and/or violations of $6,000 For each subsequent offense,the
or maintenance of lawns,hedges,trees and Section 275 of the Town Code. violatorshall be guilty of amisdemeanor
other plantings or structural elements such as (3) Notice of the hearing before the Board punishable by a fine not less than
patios,decks,retaining walls,in-ground irri- of Trustees for revocation of a license shall be $t-,6t3&-$2,000 nor more than $7,500
gation systems,or other work in and around given in writing,setting forth the grounds of $10,000 or a term of imprisonment of not
wetland areas which requires a permit pursu- the complaint and the time and place of hear- less than 15 days nor more than six
ant to this Chapter entitled Wetlands and ing. months,or both
Shorelines or Chapter 111 Coastal Erosion (4) Grounds for a hearing shall be a convic- �I�Restoration In lieu or in addition to
Hazard Areas of the Town Code tion for a violation of section 275-5 or 275-11 these punishments,any offender may be
COASTAL CONTRACTOR - A person of the Town Code punished by being ordered to restore the
who carries out, engages in, undertakes or (5) Such notice shall be sent by certified affected wetland to its condition prior to
holds himself out to others as performing or marling to the address provided in the applica- the offense Any such order shall specify
available to perform coastal construction tion for the license on file in the Town Clerk's a reasonable time for the completion of
§ 275-3(a)Licensing of Coastal Contrac- Office, or, in the alternative, to the license such restoration,which shall be effected
tors. holder's last known address Suchnoticemust under the supervision of the approving
A Commencing January 1,2018 it shall be marled at least five days prior to the date of authority The Trustees reserve the right
be unlawful for any person to engage in the hearing to require specific replanting and
coastal construction in the Town of Southold (6) At the conclusion of said hearing,the restoration methods including specific
without first obtaining a license from the Board of Trustees may, at their discretion, survivability and success criteria
Southold Town Clerk's Office in accordance suspend or revoke the license or take no ac- JS�Failure to comply with a restoration
with the provisions of this Chapter.Such li- tion plan Any person fading to comply with the
cense or a copy thereof shall be available at all (7) In the event of two or more suspensions terms of a mandated restoration plan as
of the contractor's work sites and shall be the Trustees may move to permanently barthe detailed in Subsection B(4)of this section
produced to any official having jurisdiction holder from license eligibility within the proscribed period of time for
upon demand Licenses for coastal contrac- (8) In addition to the revocation hearing,a completion shall be guilty of an offense
tors are non-transferable violation of the provisions of this chapter may and subject to a fine of not less than
B Exceptions be separately maintained in the Town Justice $1,000 and not more than$4,006$6,000
No license shall be required for the following Court in accordance with§275-16. (6) For the offense of conducting or en-
(1) An individual who engages in coastal §275-16.Compliance requirements;pen- gaging in any coastal construction project or
construction on their own residential prop- alties for offenses. business without having first obtained a
erty This exception shall not apply to corpo- B For each offense against any of the license,or while his license is suspended
rations, limited liability companies or other provisions of this chapter or any regulations or revoked,a violator shall be subject to
unincorporated business entities
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE,Town Clerk of the Town of Southold,New York being
duly sworn, says that on the 3e�f da of I /
y Oc�� 1p p,► — , 2017, a notice of which
the annexed printed notice is a true copy was affixed,,in a proper and substantial manner,
in a most public place in the Town of Southold, Suffolk County,New York,to wit:
Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York.
PH 10/24/17 7:31 pm- A Local Law in relation to Amendments to Chapter 275
Wetlands & Shorelines, in connection with Coastal
Contractor Licensing
6" a1
El' abeth A. Neville
Southold Town Clerk
Sworn before me this
3 day of (0 o , 2017.
N tary Public
LYNDA M.RUDDER
Notary Public, state of New York
No.01 RU6020932
Qualified in Suffolk rch 8 county
commission Expires
i
Reso 2017-760
SUMMARY OF LL/AMENDMENT TO CHAPTER 275
"Wetlands and Shorelines"
THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC HEARING IS BEING
SET PROPOSES TO AMEND CHAPTER 275 OF THE TOWN CODE
ENTITLED "WETLANDS AND SHORELINES" BY REQUIRING THE
LICENSING OF CONTRACTORS ENGAGED IN COASTAL
CONSTRUCTION.
THE PROPOSED LOCAL LAW DEFINES COASTAL CONSTRUCTION AS
THE REPAIR, MODIFICATION, RE-CONSTRUCTION OR NEW
CONSTRUCTION OF STRUCTURES INCLUDING BUT NOT LIMITED TO
BULKHEADS, DOCKS, FLOATS, JETTIES, GROINS, CATWALKS,
STAIRWAYS, DECKS, REVETMENTS, ANY EROSION OR WATER
CONTROL DEVICE. INCLUDED IN THIS DEFINITION IS LANDSCAPE
DESIGN, LANDSCAPE ARCHITECTURE, THE INSTALLATION OR
MAINTENANCE OF LAWNS, HEDGES, TREES AND OTHER PLANTINGS
OR STRUCTURAL ELEMENTS SUCH AS PATIOS, DECKS, RETAINING
WALLS, IN-GROUND IRRIGATION SYSTEMS, OR OTHER WORK IN AND
AROUND WETLAND AREAS WHICH REQUIRES A PERMIT PURSUANT
TO CHAPTER275 OR CHAPTER 111 OF THE TOWN CODE.
THE PROPOSED LOCAL LAW ALSO PROVIDES FOR, AMONG OTHER
THINGS, A LICENSING PROCEDURE, CONTRACTOR INSURANCE
REQUIREMENTS, PROCEDURES FOR REVOKING A COASTAL
CONTRACTOR'S LICENSE, AND PENALTIES FOR VIOLATING THE
REQUIREMNTS OF THE PROPOSED LOCAL LAW IF ADOPTED.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE
FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE
TOWN'S WEBSITE
RECEIVED
AUG 2 9 2017
Southold Town Clerk
,
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN there has been resented to the Town Board of the Town of
Southold, Suffolk County,New York, on the 29t day of August, 2017, a Local Law entitled "A
Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline, in
connection with Coastal Contractor Licensing" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,
Southold,New York, on the 24th day of October, 2017 at 7:30 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275,
Wetlands and Shoreline, in connection with Coastal Contractor Licensing" reads as follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands
and Shoreline, in connection with Coastal Contractor Licensing".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
In order to continue to protect the natural state of the shorelines and wetlands within the Town of
Southold, it is the purpose of these amendments to provide herein for a strengthened system of
local licensing of marine contractors in order to more fully protect homeowners and responsible
marine contractors alike.
II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows:
§ 275-2. Definitions; word usage.
COASTAL CONSTRUCTION - The repair, modification re-construction or new construction of
structures including but not limited to bulkheads docks floats,jetties, groins, catwalks,
stairways decks revetments any erosion or water control device. Included in this definition is
landscape design landscape architecture the installation or maintenance of lawns hedges, trees
and other plantings or structural elements such as patios decks retaining walls, in-ground
irrigation systems or other work in and around wetland areas which requires a permit pursuant to
this Chapter entitled Wetlands and Shorelines or Chapter 111 Coastal Erosion Hazard Areas of
the Town Code.
COASTAL CONTRACTOR-A person who carries out engages in undertakes or holds himself
out to others as performing or available to perform coastal construction.
275-3(a) Licensing of Coastal Contractors.
A. Commencing January 1 2018 it shall be unlawful for any person to engage in coastal
construction in the Town of Southold without first obtaining a license from the
Southold Town Clerk's Office in accordance with the provisions of this Chapter. Such
license or a copy thereof shall be available at all of the contractor's work sites and shall
be produced to any official having jurisdiction upon demand. Licenses for coastal
contractors are non-transferable.
B. Exceptions.
No license shall be required for the following:
(1) An individual who engages in coastal construction on their own residential
property. This exception shall not apply to corporations, limited liability
companies or other unincorporated business entities.
(2) An individual who performs labor or services for a licensed coastal contractor for
wages or salary_
(3) An architect professional engineer, land surveyor or an other person who is
required by state or Town law to attain standards of competency or experience as
a prerequisite to engaging in such craft or profession and who is acting
exclusively within the scope of the craft or profession for which he is currently
licensed.
(4) Any municipality or government agency.
C. Fees.
(1) The fee for a coastal contractor's license shall be set by the Town Board, and
shall be paid upon the filing of each application. A license issued hereunder shall
be for a period of one year from the date of issuance thereof.
D. Insurance required.
A coastal contractor shall have a certificate of insurance and workers compensation
insurance coveringliability upon applying for a coastal contractor's license and shall
maintain such policy during the period the license is in effect. In addition to the above
coastal contractors must provide proof of an issued Suffolk County Contractors license
where applicable. Failure to maintain said coverage will provide grounds for
revocation of the license pursuant to § 275-3a(E).
E. Acknowledgement of Town Law Compliance
All applicants for a coastal contractors license shall be required to read, review and
provide an acknowledgement that they are on affirmative notice of Chapters 111 and
275 of the Town Code and agree to abide by the requirements set forth therein. They
must further acknowledge that failure to do so may result in the revocation of the
coastal contractors license.
F. Revocation of license.
(1) Licenses issued under the provisions of this chapter may be revoked by resolution
of the Board of Trustees upon notice and hearing before the Board of Trustees.
(2) Licenses may be revoked for failure of contractors to abide by the terms and
conditions of Trustee Permits and/or violations of Section 275 of the Town Code.
(3) Notice of the hearing before the Board of Trustees for revocation of a license
shall be given in writing setting forth the grounds of the complaint and the time
and place of hearing.
(4) Grounds for a hearing shall be a conviction for a violation of section 275-5 or
275-11 of the Town Code
(5) Such notice shall be sent by certified mailing to the address provided in the
qpplication for the license on file in the Town Clerk's Office, or, in the
alternative to the license holder's last known address. Such notice must be
mailed at least five days prior to the date of the hearing.
(6) At the conclusion of said hearing the Board of Trustees may, at their discretion,
suspend or revoke the license or take no action.
(7) In the event of two or more suspensions the Trustees may move to permanently
bar the holder from license eli ibg ilitL.
(8) In addition to the revocation hearing, a violation of the provisions of this chapter
may be separately maintained in the Town Justice Court in accordance with
275-16.
§ 275-16. Compliance requirements; penalties for offenses.
B For each offense against any of the provisions of this chapter or any regulations made
pursuant thereto, or failure to comply with a written notice or order of any Director of
Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for
compliance therewith, the owner, occupant, builder, architect, contractor or their
agents or any other person who 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
Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to
the following fine schedule. Each day on which such violation occurs may constitute
a separate, additional offense.[Amended 12-18-2007 by L.L.No. 23-2007; 3-23-2010
by L.L. No. 1-2010]
(1) Failure to obtain a permit. Any person conducting operations within the
jurisdiction of the Trustees without first obtaining a permit according to the
procedures outlined in this chapter shall be subject to a fine of not less than
$1,000 and not more than$4,000$6,000 or a term of imprisonment of not less
than 15 days nor more than six months, or both.
(2) Failure to comply with the terms of a permit.
(a) Any person failing to comply with the terms of a permit shall be subject to
a fine of not less than X580 $1,000 and not more than$4,000$6,000. For
each subsequent offense, the violator shall be guilty of a misdemeanor
punishable by a fine not less than$ 000 $2,000 nor more than$7,500
$10,000 or a term of imprisonment of not less than 15 days nor more than
six months, or both.
(b) Any person failing to comply with posting the permit and/or the
requirement for supporting plans to be available for immediate inspection
pursuant to § 275-10 shall be subject to a fine of not more than $1,000.
(3) Failure to heed a stop-work order. Any person conducting operations in direct
contradiction to the terms of a stop-work order shall be subject to a fine of not less
than $1,000 and not more than$4,000 $6,000. For each subsequent offense, the
violator shall be guilty of a misdemeanor punishable by a fine not less than
$ 000$2,000 nor more than $7,500 $10,000 or a term of imprisonment of not
less than 15 days nor more than six months, or both.
(4) Restoration. In lieu or in addition to these punishments, any offender may be
punished by being ordered to restore the affected wetland to its condition prior to
the offense. Any such order shall specify a reasonable time for the completion of
such restoration, which shall be effected under the supervision of the approving
authority. The Trustees reserve the right to require specific replanting and
restoration methods including specific survivability and success criteria.
(5) Failure to comply with a restoration plan. Any person failing to comply with the
terms of a mandated restoration plan as detailed in Subsection BM of this section
within the proscribed period of time for completion shall be guilty of an offense
and subject to a fine of not less than$1,000 and not more than$4,000$6,000.
(6) For the offense of conductingor engaging in n any coastal construction project or
business without having first obtained a license or while his license is suspended
or revoked a violator shall be subject to a fine of not more than $5,000 for the
first offense and not more than $10,000 for each subsequent offense.
(k (7) Mitigation. When on-site wetlands restoration and creation may be unfeasible due
to technical or other constraints, other mitigative measures, such as off-site
wetland restoration or creation, may be required.
(7) Other offenses. For an offense against any of the provisions of this Chapter not
specifically designated above,a violator shall be subject to a fine of not more than
$1,000.
II. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect January 1, 2018 after filing with the Secretary of State as
provided by law.
Dated: August 29, 2017 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A. Neville
Southold Town Clerk
Please publish on October 12,2017 and forward one affidavit of publication to Elizabeth A.
Neville, Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971.
Copies to:
The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website
Neville, Elizabeth
From: Hagan, Damon
Sent: Wednesday, September 20, 2017 9:01 AM
To: Neville, Elizabeth; Duffy, Bill; Silleck, Mary
Cc: Lanza, Heather
Subject: RE: incoming mail: Req for Comments re Chpt 275 Coastal Contractor Licens.pdf
Heather,
This is more of a law geared towards enforcement of Section 275 and not related to planning matters. You may always
comment if you wish however I do not believe there would not be a need to.
Yours Truly etc.,
Damon A. Hagan
Assistant Town Attorney
Town of Southold
Town Hall Annex
54375 Route 25
PO Box 1179
Southold, NY 11971-0959
Phone (631)765-1939
Fax(631)765-6639
***************
This electronic mail transmission may contain confidential or privileged information. If you believe that you have
received the message in error, please notify the sender by reply transmission and delete the message without copying or
disclosing it.
***************
-----Original Message-----
From: Neville, Elizabeth
Sent:Tuesday,September 19, 2017 4:31 PM
To: Duffy, Bill; Hagan, Damon; Silleck, Mary
Cc: Lanza, Heather
Subject: FW: incoming mail: Req for Comments re Chpt 275 Coastal Contractor Licens.pdf
The resolution was placed on the Town Board Agenda by the Town Attorney. Can someone there answer this question?
Betty Neville
-----Original Message-----
From: Lanza, Heather
Sent: Monday,September 18, 2017 1:11 PM
To: Neville, Elizabeth
Subject: FW: incoming mail: Req for Comments re Chpt 275 Coastal Contractor Licens.pdf
1
Hi Betty,
Did the Town Board specifically request comments from Planning Board on this? If not, is there something in Chapter
275 that requires comments from Planning Board when amendments are proposed Chapter 275? 1 know there is for
Chapter 280, but I'm not familiar enough with 275 to know.
I only ask because we are so swamped in here and if it isn't necessary for Planning Board to provide comments on this,
that's one less thing we have to track and deal with.Thanks.
Heather
-----Original Message-----
From: Michaelis,Jessica
Sent: Friday,September 15, 2017 9:30 AM
To: Duffy, Bill<billd@southoldtownny.gov>; Cremers,William J<billcre@optonline.net>; Cummings, Brian A.
<brian.cummings@town.southold.ny.us>; Don Wilcenski home(dwilski78@gmail.com) <dwilski78@gmail.com>; Lanza,
Heather<heather.lanza@town.southold.ny.us>; Rafferty, Pierce<prafferty@fishersisland.net>; Rich III,James H
<jamesrich3@optonline.net>; Sidor, Martin H <sidor@optonline.net>;Terry, Mark<mark.terry@town.southold.ny.us>;
Wilcenski, Donald J<don@briarclifflandscape.com>
Subject: incoming mail: Req for Comments re Chpt 275 Coastal Contractor Licens.pdf
Your message is ready to be sent with the following file or link attachments:
Req for Comments re Chpt 275 Coastal Contractor Licens.pdf
Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file
attachments. Check your e-mail security settings to determine how attachments are handled.
2
Rudder, Lynda
From: legals <legals@timesreview.com>
Sent: Wednesday, October 04, 2017 9:54 AM
To: Rudder, Lynda
Subject: Re: coastal contractor for publication
Good morning,
The legal notice has been scheduled to be published in the 10/12 edition of the Suffolk Times.
Thank you.
Lindsay Denston
Assistant Sales Coordinator
631.298.3200 ext. 235
631.354.8032 (direct)
631.298.0410 (fax)
Ldenston@timesreview.com
www.timesreview.com
On 10/4/17, 8:52 AM, "Rudder, Lynda" <Ivnda.rudder@town.southold.nv.us>
wrote:
>Please publish in the 10/12 edition of the Suffolk Times, on the Town
>website and 2 -3 public places on FI,thanks.
1
Rudder, Lynda
From: Rudder, Lynda
Sent: Wednesday, October 04, 2017 8:52 AM
To: Fog Horn (ficommunityboard@gmail.com); GSMurphy; gcook@fiferry.com;
legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica;
Reisenberg, Lloyd; Southold Local (denise@southoldlocal.com); Dinizio,James; Doherty,
Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis;
Norklun, Stacey; Rudder, Lynda; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;
William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary
Subject: coastal contractor for publication
Attachments: coastal contractor.docx
Please publish in the 10/12 edition of the Suffolk Times, on the Town website and 2 -3 public places on FI,thanks.
3
ELIZABETH A.NE` ILLE,,MYiC �y� G� Town Hall,53095 Main Road
TOWN CLERK ® � P.O. Box 1179
W Southold,New York 11971
REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145
MARRIAGE OFFICER
Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ®,` ��O
www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN W N CLERK
TOWN OF SOUTHOLD
September 13, 2017
Re: Resolution Number(s) 2017-760&774 "A Local
Law in Relation to Amendments to Chapter 275
Wetlands&Shorelines, in connection with Coastal
Contractor Licensing ".
Andrew P. Freeling, Chief Planner
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Freeling,
The Southold Town Board at their regular meeting held on September 12,2017 adopted the resolutions
referenced above. Certified copies are enclosed.
Please prepare an official report defining the Planning Department's recommendations with regard to
this proposed local law and forward it to me at your earliest convenience. This proposed local law is
also being sent to the Southold Town Planning Board for their review. The date and time for this public
hearing is 7:30PM,Tuesday October 24 2017.
Please do not hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
4
Elizath A. Neville
Southold Town Clerk
Enclosure
cc:Town Board
Town Attorney
n 1
O �
ELIZABETH A.NEVILLE,MMC Town Y y Town Hall,53095 Main Road
TOWN CLERKC* � P.O. Box 1179
C+2 $ Southold,New York 11971
REGISTRAR OF VITAL,STATISTICS Fax(631)765-6145
MARRIAGE OFFICER . �� ��q. Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 13,2017
Re: Resolution Numbers 2017—760& 774"A Local
Law in Relation to Amendments to Chapter 275
Wetlands and Shorelines, in connection with Coastal
Contractor Licensing".
Donald Wilcenski, Chairman
Southold Town Planning Board
Southold Town Hall
53095 Main Road
Post Office Box 1179
Southold, New York 11971
Dear Mr.Wilcenski:
The Southold Town Board at their regular meeting held on September 12,2017 adopted the resolutions
referenced above. Certified copies are enclosed.
Please prepare an official report defining the Planning Department's recommendations with regard to
this proposed local law and forward it to me at your earliest convenience. This proposed local law is
also being sent to the Suffolk County Department of Planning for their review. The date and time for
this public hearing is 7:30PM,Tuesday,October 24,2017.
Please do not hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
6 '
Eliza th A. Neville
Southold Town Clerk
Enclosure
cc:Town Board
Town Attorney
gUFF°L,Fv°h RESOLUTION 2017-774
m�6
ADOPTED DOC ID: 13357
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-774 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 12, 2017:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to forward the proposed Local Laws entitled, "A Local Law in relation to
Amendments to Chapter 275, Wetlands and Shoreline, in connection with Coastal Contractor
Licensing"and "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection
with Non-conforming Buildings with conforming uses."to the Southold Town Planning Board
and the Suffolk County Planning Commission for comments and recommendations.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
dr,
0r—W,
RESOLUTION 2017-760
�` ADOPTED DOC ID: 13341
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-760 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 29, 2017:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 291h day of August, 2017, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 275, Wetlands and Shoreline, in connection with
Coastal Contractor Licensing" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the
24th day of October, 2017 at 7:30 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275,
Wetlands and Shoreline, in connection with Coastal Contractor Licensing" reads as follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275,Wetlands,-_i,,_..
and Shoreline, in connection with Coastal Contractor Licensing".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
In order to continue to protect the natural state of the shorelines and wetlands within the Town of
Southold, it is the purpose of these amendments to provide herein for a strengthened system of
local licensing of marine contractors in order to more fully protect homeowners and responsible
marine contractors alike.
II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows:
§ 275-2. Definitions; word usage.
COASTAL CONSTRUCTION - The repair, modification, re-construction or new construction of
structures including but not limited to bulkheads, docks, floats, jetties, groins, catwalks,
stairways, decks, revetments, any erosion or water control device. Included in this definition is
landscape design, landscape architecture, the installation or maintenance of lawns, hedges trees
and other plantings or structural elements such as patios, decks, retaining walls, in-ground
irrigation systems, or other work in and around wetland areas which requires a permit pursuant to
this Chapter entitled Wetlands and Shorelines or Chapter 111 Coastal Erosion Hazard Areas of
the Town Code.
COASTAL CONTRACTOR - A person who carries out, engages in, undertakes or holds himself
Resolution 2017-760 Board Meeting of August 29, 2017
out to others as performing or available to perform coastal construction.
275-3(a) Licensing of Coastal Contractors.
A. CommencingJanuary anuary 1, 2018 it shall be unlawful for any person to engage in coastal
construction in the Town of Southold without first obtaining a license from the
Southold Town Clerk's Office in accordance with the provisions of this Chapter. Such
license or a copy thereof shall be available at all of the contractor's work sites and shall
be produced to any official having jurisdiction upon demand. Licenses for coastal
contractors are non-transferable.
B. Exceptions.
No license shall be required for the following:
(1) An individual who engages in coastal construction on their own residential
property. This exception shall not apply to corporations, limited liability
companies or other unincorporated business entities.
(2) An individual who performs labor or services for a licensed coastal contractor for
wages or salary.
(3) An architect, professional engineer, land surveyor or another who is
required by state or Town law to attain standards of competency or experience as
aprerequisite to engaging in such craft or profession and who is acting
exclusively within the scope of the craft or profession for which he is currently
licensed.
(4) Any municipality or government agency_
C. Fees.
(1) The fee for a coastal contractor's license shall be set by the Town Board, and
shall be paid upon the filing of each application. A license issued hereunder shall
be for a period of one year from the date of issuance thereof.
D. Insurance required.
A coastal contractor shall have a certificate of insurance and workers compensation
insurance coveringliability iability upon applying for a coastal contractor's license and shall
maintain such policy during the period the license is in effect. In addition to the above
coastal contractors must provide proof of an issued Suffolk County Contractors license
where applicable. Failure to maintain said coverage will provide grounds for
revocation of the license pursuant to § 275-3a(E).
E. Acknowledgement of Town Law Compliance
All applicants for a coastal contractors license shall be required to read, review and
provide an acknowledgement that they are on affirmative notice of Chapters 111 and
275 of the Town Code and agree to abide by the requirements set forth therein. They
must further acknowledge that failure to do so may result in the revocation of the
coastal contractors license.
F. Revocation of license.
(1) Licenses issued under the provisions of this chapter may be revoked by resolution
of the Board of Trustees upon notice and hearing before the Board of Trustees.
(2) Licenses may be revoked for failure of contractors to abide by the terms and
conditions of Trustee Permits and/or violations of Section 275 of the Town Code.
(3) Notice of the hearing before the Board of Trustees for revocation of a license
shall be given in writing, setting etting forth the grounds of the complaint and the time
and place of hearing.
(4) Grounds for a hearing shall be a conviction for a violation of section 275-5 or
Updated: 9/6/2017 9:05 AM by Lynda Rudder Page 2
+� Resolution 2017-760 Board Meeting of August 29, 2017
275-11 of the Town Code
(5) Such notice shall be sent by certified mailing to the address provided in the
application for the license on file in the Town Clerk's Office, or, in the
alternative, to the license holder's last known address. Such notice must be
mailed at least five days prior to the date of the hearing_
(6) At the conclusion of said hearing, the Board of Trustees may, at their discretion,
suspend or revoke the license or take no action.
(7) In the event of two or more suspensions the Trustees may move to permanently
bar the holder from license eligibility.
(8) In addition to the revocation hearing, a violation of the provisions of this chapter
maybe separately maintained in the Town Justice Court in accordance with
275-16.
275-16. Compliance requirements; penalties for offenses.
B For each offense against any of the provisions of this chapter or any regulations made
pursuant thereto, or failure to comply with a written notice or order of any Director of
Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for
compliance therewith,the owner, occupant,builder, architect, contractor or their
agents or any other person who 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
Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to
the following fine schedule. Each day on which such violation occurs may constitute
a separate, additional offense.[Amended 12-18-2007 by L.L.No. 23-2007; 3-23-2010
by L.L. No. 1-2010]
(1) Failure to obtain a permit. Any person conducting operations within the
jurisdiction of the Trustees without first obtaining a permit according to the
procedures outlined in this chapter shall be subject to a fine of not less than
$1,000 and not more than$4,-000$6,000 or a term of imprisonment of not less
than 15 days nor more than six months, or both.
(21 Failure to comply with the terms of a permit.
(a) Any person failing to comply with the terms of a permit shall be subject to
a fine of not less than$SW$1,000 and not more than$4,000 $6,000. For
each subsequent offense, the violator shall be guilty of a misdemeanor
punishable by a fine not less than$ 000$2,000 nor more than$ 500
$10,000 or a term of imprisonment of not less than 15 days nor more than
six months, or both.
(b) Any person failing to comply with posting the permit and/or the
requirement for supporting plans to be available for immediate inspection
pursuant to § 275-10 shall be subject to a fine of not more than $1,000.
(3) Failure to heed a stop-work order. Any person conducting operations in direct
contradiction to the terms of a stop-work order shall be subject to a fine of not less
than $1,000 and not more than$400 $6,000. For each subsequent offense, the
violator shall be guilty of a misdemeanor punishable by a fine not less than
$1,000 $2,000 nor more than$7,500 $10,000 or a term of imprisonment of not
less than 15 days nor more than six months, or both.
(4) Restoration. In lieu or in addition to these punishments, any offender may be
punished by being ordered to restore the affected wetland to its condition prior to
the offense. Any such order shall specify a reasonable time for the completion of
such restoration, which shall be effected under the supervision of the approving
Updated: 9/6/2017 9:05 AM by Lynda Rudder Page 3
Resolution 2017-760 Board Meeting of August 29, 2017
authority. The Trustees reserve the right to require specific replanting and
restoration methods including specific survivability and success criteria.
(5) Failure to comply with a restoration plan. Any person failing to comply with the
terms of a mandated restoration plan as detailed in Subsection B(4) of this section
within the proscribed period of time for completion shall be guilty of an offense
and subject to a fine of not less than$1,000 and not more than$4-,000 $6,000.
(6) For the offense of conductingor r en a in in any coastal construction project or
business without having first obtained a license, or while his license is suspended
or revoked, a violator shall be subject to a fine of not more than $5,000 for the
first offense and not more than $10,000 for each subsequent offense.
KO (7) Mitigation. When on-site wetlands restoration and creation may be unfeasible due
to technical or other constraints, other mitigative measures, such as off-site
wetland restoration or creation, may be required.
(7) Other offenses. For an offense against any of the provisions of this Chapter not
specifically designated above,a violator shall be subject to a fine of not more than
$1,000.
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect January 1, 2018 after filing with the Secretary of State as
provided by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Updated: 9/6/2017 9:05 AM by Lynda Rudder Page 4
Southold Town Board - Letter Board Meeting of August 29, 2017
RESOLUTION 2017-760 Item 9 5.32
ADOPTED DOC ID: 13341
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-760 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 29, 2017:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 29th day of August, 2017, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 275, Wetlands and Shoreline, in connection with
Coastal Contractor Licensing" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the
24th day of October, 2017 at 7:30 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275,
Wetlands and Shoreline, in connection with Coastal Contractor Licensing" reads as follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275,Wetlands
and Shoreline, in connection with Coastal Contractor Licensing".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
In order to continue to protect the natural state of the shorelines and wetlands within the Town of
Southold, it is the purpose of these amendments to provide herein for a strengthened system of
local licensing of marine contractors in order to more fully protect homeowners and responsible
marine contractors alike.
II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows:
§ 275-2. Definitions; word usage.
COASTAL CONSTRUCTION - The repair, modification, re-construction or new construction of
structures including but not limited to bulkheads, docks, floats,jetties, groins, catwalks,
stairways, decks, revetments, any erosion or water control device. Included in this definition is
landscape design, landscape architecture, the installation or maintenance of lawns, hedges, trees
and other plantings or structural elements such as patios, decks, retaining walls, in-ground
irrigation systems, or other work in and around wetland areas which requires a permit pursuant to
Generated September 6, 2017 Page 42
Southold Town Board - Letter Board Meeting of August 29, 2017
this Chapter entitled Wetlands and Shorelines or Chapter 111 Coastal Erosion Hazard Areas of
the Town Code.
COASTAL CONTRACTOR- A person who carries out, engages in, undertakes or holds himself
out to others as performing or available to perform coastal construction.
§ 275-3(a) Licensing of Coastal Contractors.
A. Commencing January 1, 2018 it shall be unlawful for any person to engage in coastal
construction in the Town of Southold without first obtaining a license from the
Southold Town Clerk's Office in accordance with the provisions of this Chapter. Such
license or a copy thereof shall be available at all of the contractor's work sites and shall
be produced to any official having jurisdiction upon demand. Licenses for coastal
contractors are non-transferable.
B. Exceptions.
No license shall be required for the following:
(1) An individual who engages in coastal construction on their own residential
property. This exception shall not apply to corporations, limited liability
companies or other unincorporated business entities.
(2) An individual who performs labor or services for a licensed coastal contractor for
wages or salar.
(3) An architect professional engineer, land surveyor or an other ther person who is
required by state or Town law to attain standards of competency or experience as
aprerequisite to engaging in such craft or profession and who is acting
exclusively within the scope of the craft or profession for which he is currently
licensed.
(4) Any municipality or government agency.
C. Fees.
(1) The fee for a coastal contractor's license shall be set by the Town Board, and
shall be paid upon the filing of each application. A license issued hereunder shall
be for a period of one year from the date of issuance thereof.
D. Insurance required.
A coastal contractor shall have a certificate of insurance and workers compensation
insurance coveringlability upon applying for a coastal contractor's license and shall
maintain such policy during the period the license is in effect. In addition to the above
coastal contractors must provide proof of an issued Suffolk County Contractors license
where applicable. Failure to maintain said coverage will provide grounds for
revocation of the license pursuant to § 275-3a(E).
E. Acknowledgement of Town Law Compliance
All applicants for a coastal contractors license shall be required to read review and
provide an acknowledgement that they are on affirmative notice of Chapters 111 and
275 of the Town Code and agree to abide by the requirements set forth therein. They
must further acknowledge that failure to do so may result in the revocation of the
coastal contractors license.
F. Revocation of license.
(1) Licenses issued under the provisions of this chapter may be revoked by resolution
Generated September 6, 2017 Page 43
Southold Town Board - Letter Board Meeting of August 29, 2017
of the Board of Trustees upon notice and hearing before the Board of Trustees.
(2) Licenses may be revoked for failure of contractors to abide by the terms and
conditions of Trustee Permits and/or violations of Section 275 of the Town Code.
(3) Notice of the hearing before the Board of Trustees for revocation of a license
shall be given in writing setting forth the grounds of the complaint and the time
and place of hearing.
(4) Grounds for a hearing shall be a conviction for a violation of section 275-5 or
275-11 of the Town Code
(5) Such notice shall be sent by certified mailing to the address provided in the
application for the license on file in the Town Clerk's Office, or, in the
alternative, to the license holder's last known address. Such notice must be
mailed at least five days prior to the date of the hearing.
(6) At the conclusion of said hearing, the Board of Trustees may, at their discretion,
suspend or revoke the license or take no action.
(7) In the event of two or more suspensions the Trustees may move to permanently
bar the holder from license eligibility.
(8) In addition to the revocation hearing, a violation of the provisions of this chapter
may be separately maintained in the Town Justice Court in accordance with
275-16.
§ 275-16. Compliance requirements; penalties for offenses.
B For each offense against any of the provisions of this chapter or any regulations made
pursuant thereto, or failure to comply with a written notice or order of any Director of
Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for
compliance therewith, the owner, occupant, builder, architect, contractor or their
agents or any other person who 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
Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to
the following fine schedule. Each day on which such violation occurs may constitute
a separate, additional offense.[Amended 12-18-2007 by L.L.No. 23-2007; 3-23-2010
by L.L. No. 1-2010]
(1) Failure to obtain a permit. Any person conducting operations within the
jurisdiction of the Trustees without first obtaining a permit according to the
procedures outlined in this chapter shall be subject to a fine of not less than
$1,000 and not more than$4,000$6,000 or a term of imprisonment of not less
than 15 days nor more than six months, or both.
(2) Failure to comply with the terms of a permit.
(a) Any person failing to comply with the terms of a permit shall be subject to
a fine of not less than$590$1,000 and not more than$4-,900 $6,000. For
each subsequent offense, the violator shall be guilty of a misdemeanor
punishable by a fine not less than$ 000 $2,000 nor more than$ 500
$10,000 or a term of imprisonment of not less than 15 days nor more than
six months, or both.
(b) Any person failing to comply with posting the permit and/or the
requirement for supporting plans to be available for immediate inspection
pursuant to § 275-10 shall be subject to a fine of not more than $1,000.
Generated September 6, 2017 Page 44
Southold Town Board - Letter Board Meeting of August 29, 2017
(3) Failure to heed a stop-work order. Any person conducting operations in direct
contradiction to the terms of a stop-work order shall be subject to a fine of not less
than$1,000 and not more than $4,000 $6,000. For each subsequent offense, the
violator shall be guilty of a misdemeanor punishable by a fine not less than
$1,000 $2,000 nor more than $7,500 $10,000 or a term of imprisonment of not
less than 15 days nor more than six months, or both.
(4) Restoration. In lieu or in addition to these punishments, any offender may be
punished by being ordered to restore the affected wetland to its condition prior to
the offense. Any such order shall specify a reasonable time for the completion of
such restoration, which shall be effected under the supervision of the approving
authority. The Trustees reserve the right to require specific replanting and
restoration methods including specific survivability and success criteria.
(5) Failure to comply with a restoration plan. Any person failing to comply with the
terms of a mandated restoration plan as detailed in Subsection B(4 of this section
within the proscribed period of time for completion shall be guilty of an offense
and subject to a fine of not less than$1,000 and not more than$4,000$6,000.
(6) For the offense of conducting or engaging in any coastal construction project or
business without having first obtained a license, or while his license is suspended
or revoked a violator shall be subject to a fine of not more than $5,000 for the
first offense and not more than $10,000 for each subsequent offense.
f§)( )7 Mitigation. When on-site wetlands restoration and creation may be unfeasible due
to technical or other constraints, other mitigative measures, such as off-site
wetland restoration or creation, may be required.
(7) Other offenses. For an offense against any of the provisions of this Chapter not
specifically designated above_,a violator shall be subject to a fine of not more than
$1,000.
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect January 1, 2018 after filing with the Secretary of State as
provided by law.
h
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated September 6, 2017 Page 45
4
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN there has been resented to the Town Board of the Town of
Southold, Suffolk County, New York, on the 29' day of August, 2017, a Local Law entitled "A
Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline, in
connection with Coastal Contractor Licensinj4" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,
Southold,New York, on the 24th day of October, 2017 at 7:30 p.m, at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275,
Wetlands and Shoreline, in connection with Coastal Contractor Licensing" reads as follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands
and Shoreline, in connection with Coastal Contractor Licensing".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
In order to continue to protect the natural state of the shorelines and wetlands within the Town of
Southold, it is the purpose of these amendments to provide herein for a strengthened system of
local licensing of marine contractors in order to more fully protect homeowners and responsible
marine contractors alike.
II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows:
§ 275-2. Definitions; word usage.
COASTAL CONSTRUCTION - The repair, modification, re-construction or new construction of
structures including but not limited to bulkheads, docks, floats,jetties, groins, catwalks,
stairways decks revetments any erosion or water control device. Included in this definition is
landscape design landscape architecture, the installation or maintenance of lawns, hedges, trees
and other plantings or structural elements such as patios, decks, retaining walls, in-ground
irrigation systems or other work in and around wetland areas which requires a permit pursuant to
this Chapter entitled Wetlands and Shorelines or Chapter 111 Coastal Erosion Hazard Areas of
the Town Code.
COASTAL CONTRACTOR- A person who carries out, engages in, undertakes or holds himself
out to others as performing or available to perform coastal construction.
§ 275-3(a) Licensin14 of Coastal Contractors.
A. Commencing January 1 2018 it shall be unlawful for any person to engage in coastal
construction in the Town of Southold without first obtaining a license from the
Southold Town Clerk's Office in accordance with the provisions of this Chapter. Such
license or a copy thereof shall be available at all of the contractor's work sites and shall
be produced to any official having,jurisdiction upon demand. Licenses for coastal
contractors are non-transferable.
B. Exceptions.
No license shall be required for the following:
(1) An individual who engages in coastal construction on their own residential
property. This exception shall not apply to corporations limited liability
companies or other unincorporated business entities.
(2) An individual who performs labor or services for a licensed coastal contractor for
wages or salary.
(3) An architect professional engineer, land surveyor or any other person who is
required by state or Town law to attain standards of competency or experience as
a prerequisite to engaging in such craft or profession and who is acting
exclusively within the scope of the craft or profession for which he is currently
licensed.
(4) Any municipality or government agency.
C. Fees.
(1) The fee for a coastal contractor's license shall be set by the Town Board, and
shall be paid upon the filing of each application. A license issued hereunder shall
be for a period of one year from the date of issuance thereof.
D. Insurance required.
A coastal contractor shall have a certificate of insurance and workers compensation
insurance covering liability upon applying for a coastal contractor's license and shall
maintain such policy during the period the license is in effect. In addition to the above
coastal contractors must provide proof of an issued Suffolk County Contractors license
where applicable Failure to maintain said coverage will provide grounds for
revocation of the license pursuant to § 275-3a(E).
E. Acknowledgement of Town Law Compliance
All applicants for a coastal contractors license shall be required to read, review and
provide an acknowledgement that they are on affirmative notice of Chapters 111 and
275 of the Town Code and agree to abide b the he requirements set forth therein. They
must further acknowledge that failure to do so may result in the revocation of the
coastal contractors license.
F. Revocation of license.
(1) Licenses issued under the provisions of this chapter may be revoked by resolution
of the Board of Trustees u-on notice and hearing before the Board of Trustees.
(2) Licenses may be revoked for failure of contractors to abide by the terms and
conditions of Trustee Permits and/or violations of Section 275 of the Town Code.
(3) Notice of the hearing before the Board of Trustees for revocation of a license
shall be given in writing setting forth the grounds of the complaint and the time
and place of hearing.
(4) Grounds for a hearing shall be a conviction for a violation of section 275-5 or
275-11 of the Town Code
(5) Such notice shall be sent by certified mailing to the address provided in the
application for the license on file in the Town Clerk's Office, or, in the
alternative to the license holder's last known address. Such notice must be
mailed at least five days prior to the date of the hearing.
(6) At the conclusion of said hearing the Board of Trustees may, at their discretion,
suspend or revoke the license or take no action.
(7) In the event of two or more suspensions the Trustees may move to permanently
4
h .
7
bar the holder from license eligibility.
(8) In addition to the revocation hearing, a violation of the provisions of this chapter
may be separately maintained in the Town Justice Court in accordance with
275-16.
§ 275-16. Compliance requirements; penalties for offenses.
B For each offense against any of the provisions of this chapter or any regulations made
pursuant thereto, or failure to comply with a written notice or order of any Director of
Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for
compliance therewith, the owner, occupant, builder, architect, contractor or their
agents or any other person who 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
Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to
the following fine schedule. Each day on which such violation occurs may constitute
a separate, additional offense.[Amended 12-18-2007 by L.L.No. 23-2007; 3-23-2010
by L.L.No. 1-2010]
(1) Failure to obtain a permit. Any person conducting operations within the
jurisdiction of the Trustees without first obtaining a permit according to the
procedures outlined in this chapter shall be subject to a fine of not less than
$1,000 and not more than$4,000 $6,000 or a term of imprisonment of not less
than 15 days nor more than six months, or both.
(2) Failure to comply with the terms of a permit.
(a) Any person failing to comply with the terms of a permit shall be subject to
a fine of not less than$540$1,000 and not more than$4,000$6,000. For
each subsequent offense, the violator shall be guilty of a misdemeanor
punishable by a fine not less than $1,000 $2,000 nor more than$7,500
$10,000 or a term of imprisonment of not less than 15 days nor more than
six months, or both.
(b) Any person failing to comply with posting the permit and/or the
requirement for supporting plans to be available for immediate inspection
pursuant to § 275-10 shall be subject to a fine of not more than$1,000.
(3) Failure to heed a stop-work order. Any person conducting operations in direct
contradiction to the terms of a stop-work order shall be subject to a fine of not less
than$1,000 and not more than$4,000$6,000. For each subsequent offense, the
violator shall be guilty of a misdemeanor punishable by a fine not less than
$1,000 $2,000 nor more than $7,500$10,000 or a term of imprisonment of not
less than 15 days nor more than six months, or both.
(4) Restoration. In lieu or in addition to these punishments, any offender may be
punished by being ordered to restore the affected wetland to its condition prior to
the offense. Any such order shall specify a reasonable time for the completion of
such restoration, which shall be effected under the supervision of the approving
authority. The Trustees reserve the right to require specific replanting and
restoration methods including specific survivability and success criteria.
(5) Failure to comply with a restoration plan. Any person failing to comply with the
terms of a mandated restoration plan as detailed in Subsection B(4) of this section
within the proscribed period of time for completion shall be guilty of an offense
and subject to a fine of not less than $1,000 and not more than$4,000 $6,000.
(6) For the offense of conducting or engaging in any coastal construction project or
business without having first obtained a license, or while his license is suspended
or revoked a violator shall be subject to a fine of not more than $5,000 for the
' r
r
first offense and not more than $10,000 for each subsequent.offense.
(0 (7) Mitigation. When on-site wetlands restoration and creation may be unfeasible due
to technical or other constraints, other mitigative measures, such as off-site
wetland restoration or creation, may be required.
{) Other offenses. For an offense against any of the provisions of this Chapter not
specifically designated above,a violator shall be subject to a fine of not more than
$1,000.
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall,take effect January 1, 2018 after filing with the Secretary of State as
provided by law.
Dated: August 29, 2017 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A. Neville
Southold Town Clerk
Please publish on October 12, 2017 and forward one affidavit of publication to Elizabeth A.
Neville, Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971.
Copies to:
The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website