Loading...
HomeMy WebLinkAboutTB-06/14/1971 .422 Meeting of June 14, 1971 The Southold. Town Board met at the office of Supervisor Albert Martocchia, 16 South Street, Greenport, New York, on Monday, June 14, 1971 at 9:30 A.M. , with the following present: Supervisor Albert M. Martocchia, Councilman Howard -Valentine, Councilman James Rich, Justice Martin Suter, Justice Louis Demarest, and Town Clerk Albert W. Richmond. Ahbent: Justice E. Perry Edwards. Moved by Justice Demarest, seconded by Councilman Valentine, it was RESOLVED: That a public hearing be held by the Town Board of the Town of Southold, Suffolk County, New York, at the. Greenport High School, Greenport, New York, on the 29th day of June 1971 at 7 : 30 P.M. of said day, in the matter of the adoption of the following ordinance, to wit: AN ORDINANCE REGULATING DREDGING, FILLING. AND CONSTRUCTION OPERATIONS ON WETLANDS IN THE TOWN OF SOUTHOLD. Article I TITLE, POLICY AND DEFINITIONS SECTION 100. Title This ordinance shall be known and may be cited as the "Wet- lands Ordinance of the Town of Southold!'. SECTION 110. Declaration of Policy The Town Board of the Town of Southold finds that rapid growth, . the spread of development and increasing demands upon natural resources are encroaching upon on eliminating many of its wetlands, which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreation and economic assets to existing and future residents of the Town of Southold. It is the intention of this ordinance to protect the citizens of the Town of Southold by providing for the protection, preservation, proper maintenance and, use of its wetlands in order ,to minimize damage from erosion, turbidity or siltation, salt water intrusion, loss of fish, shellfish, or other beneficial. marine .organisms, aquatic wild life and vegetation and the destruction of the natural habitat thereof, to minimize dange of flood and storm-tide damage and pollution,. and to otherwise protect the quality of wetlands, tidal waters, marshes, shore lines, beaches and natural drainage systems for their consdrvation, economic, aesthetic, recreation and other public uses and values, and further to protect the potable fresh water supplies of the Town from the dangers of drought, overdraft, pollution from salt water intrusion and misuse or mismanagement. Therefore,. the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. SECTION 120. Definitions , For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not snooAs stant with the context, words in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number. The word "shall" is always manadatory and not directory. 4 2,3 (a) Material - . shall mean soil, sand, gravel, clay,, bog, peat, mud, or any other material, organic or inorganic. (b) Operations .= shall mean (1) the removal of material from wetlands; (2) the deposit of material on wetlands ; (3) the erection, construction, alteration or e:gilargement of any building, dock, pier, wharf, bulkhead, jetty, groin or other structure, temporary or permanent, on wetlands.. (c) Peak-Lunar Tides - shall mean those excessively high tides or spring tides caused by lunar gravitational phenomena. (d) Person - shall mean any person, .firm, partnership, associa- tion, corporation, company, organization or other legal entity of any kind, including municipal corporations or governmental agencies or subdivisions ,thereof. (e) Tidal Waters - shall mean all waters bordering on or within the boundaries of the Town. of Southold subject to fluctuation in depth from peak-lunar or normal tidal action and shall include, but not be limited to, all brackish and salt waters of streams, ponds, creeks , estuaries , bays, sounds, and inlets. (f) Town - shall mean the Town of Southold. (g) Wetlands- shall mean all lands generally covered or intermittently covered with tidal waters and upon which salt meadow grass (Spartina patens) and/or cordgrass (Spartina alterniflora) grows, or is capable of being grown. ARTICLE II PERMITS SECTION 200. , Permit REquired , Notwithstanding any prior course of conduct or permission granted, no person shall conduct operations on any wetlands in the Town of Southold, unless he shall first obtain a written permit therefor issued by authority of the Town Board as hereinafter provided, and only while such permit remains in effect. SECTION 210. Application for Permit A permit may be issued upon the written verified application of .the person proposing to perform operations on wetlands. The appli- cation shall be submitted to the Town Clerk in quadruplicate. Such application shall contain the following information: (a) ' 'The ' name ' and address of the applicant and the source of the applicant' s right to perform such operations (e'. g. whether applicant is the owner, lessee, licensee, contractor, etd. ) . In all cases where the applicant is not the owner' of the premises'- where such operations are proposed to be conducted,the consent of the owner, duly acknow- ledged, must be attached to said application. (b) The purpose of the proposed operations. (c) The amount of material proposed to be removed or deposited, and/or- the type, size and location of any proposed structure. (d) A description of the' area from which removal or in which the deposit of material is proposed, ' or structures are to be erected. The description shall- be by bearing and distance and shall be based on a local coordinate system. The starting point of the description shall be appropriately referenced to a permanent reference point or monument. 424 (e) The depth to which removal or the deposit of material is proposed throughout the area of operations and the proposed angle of repose of all slopes. (f) The manner in which the .material will be removed. or . deposited, or- structures erected. . . - (g) Such application shall be accompanied by a survey and topographical map with contours at one foot intervals, showing the area from which removal or in which the deposit of materials is proposed, or in wh-ich structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York,. Such survey and .topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of .said survey shall be based on an approved local. coordinate system. The vertical control for elevations and soundings shall be based on United States Coast and Geodetic Survey datum. .. (h) A statement of the effect, if any, on the wetlands and tidal waters of the Town that may result by reason of such proposed operations. (i) A statement describing any known prior operations, conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever remoked or suspended by a governmental- agency. ( ) Documentary proof that all other necessary permits and approvals have been obtained— SECTION 220. Investigation of Application Upon receipt of the application, the Town Clerk �s hall forward once copy thereof to the Conservation Advisory Council, one copy to the Town Trustees, .and one copy to . the Town Board. The Conserva- tion- Advisory Council and the Town Trustees shall each review said application and the effect, if any, on the wetlands and tidal waters of .the Town that -may result from the proposed operations, and shall, within 20 days of receipt of the same, forward its .written report of findings and recommendations with respect to such appli- cation to the Town Board. If the Conservation .Advisory .Council or the Town Trustees shall recommend that such application be dis- approved, the reasons for such disapproval shall be set forth in such report. SECTION 230. Hearing on Application Upon receipt by the Town Board of the reports of the Conserva- tion..Advisory Council and the Town Trustees, the Town Board shall hold a public hearing on such. application. upon not less than 10 days notice to be published in one or more newspapers having a general circulation in the Town. SECTION 240. Action on Application Within 30 days after the public hearing on such application, the Town Board shall either adopt a. resolution directing the issuance.. of a permit .or- adopt a resolution denying the application therefor. A resolution directing the issuance of a permit may be adopted only if the Town Board finds that the proposed operations will conform to the standards :set forth in Section 280 hereof. If the Town Board adopts a resolution denying an application for a - p.ermit,. the. reasons for such denial shall be set forth in such resolution. In the event that the Town Board shall fail to act on such application within the time prescribed herein, such appli- cation shall be deemed to have been approved and the Town Clerk shall issue a permit authorizing the operations applied for. SECTION 250. Conditions on Issuance of Permit The Town Board may upon the adoption of a resolution directing the issuance of a permit: (�) Impose such conditions on the manner and extent of the proposed operations as it deems appropriate. (b) . Fix the time by which operations must be commenced and within which they must be completed. (c) Require the payment of inspection fees in. any case where it is determined that more than one inspection is required to assure that operations are being conducted in accordance with the permit. Such fees shall be in the amount of five ($5. 00) dollars for each such inspection. SECTION 260. Compliance with Conditions The applicant for a permit hereunder shall, before the issuance of said permit by the Town Clerk , file with the Town. Clerk a certificate that the applicant has public liability insurance policies insuring -against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by .the Town Board, which said policies - shall name the Town as a named insured. SECTION. 270. Contents of Permit Each permit issued hereunder by the Town Clerk pursuant to a Town Board resolution shall state the following: (a) The name of the permittee. (b) The date of issuance and expiration of..the permit.. (c) The conditions imposed by the Town Board on the issuance of the permit. (d) The - specific location. of the areas to be affected by the operations of the permittee. (e) A statement that:. "The validity of this permit is or may be subject to the approval of other governmental or municipal agthorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, - the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure, to obtain .such other approval when required sha•11 •subject this permit to .immediate revocation by the Town Clerk upon receipt by the Town Clerk of Written notice from such other governmental or- municipal .-authorities of its refusal or disapproval. " Acceptance of the permit is acceptance of this condition. .. (f) A statement that: "The applicant does by the acceptance of this . permit, assume all responsibility .for oper.ations. undertaken pursuant to - this permit, . and shall take all precautions for the :. prevention of injuries to persons and property. resulting from such operations.. By._.such acceptance, the applicant also agrees to indemnify and..s.ave. harmless the hown, and-its officers, agents and employees from any ,.and all .claims arising from operations under- this permit and any and all acts or omissions of applicant, his agents and employees. " Acceptance of the permit is acceptance of this condition. . (g) A statement that: , , "The applicant and the owner and occupants of the premises upon which the operations authorized by .this .permit are being conducted, do, by- the acceptance. of this , permit, give consent to the Town, and it s officers and employees to enter upon the premises where such operations are being conducted to make such inspections as the Town may deem necessary to insure that- such operations are being conducted in conformity with this permit. SECTION 280. ''Standards The Town Board may adopt a resolution directing the issuance of a permit to perform operations applied for only if" it determines that such operations will not substantially: - (a) Adversely affect the wetlands of the Town. (b) ' Cause damage from erosion, turbidity or siltation. (c) Cause salt water intrusion into the fresh water resources of the Town. (d) Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation, or'-the -natural habitat thereof. (e) Increase the dangEr of flood and storm tide damage. (f) Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the Town. (g) Change the course of any channel or the natural movement or flow of any waters. (h) Weaken or undermine the lateral support of other lands" in the vicinity. (i) Otherwise adversely affect the health, safety and general welfare of the people of the Town. SECTION 290. Assignment of Permit A permit issued pursuant hereto shall not be transferred or , assigned with out' the prior approval of the Town Board. ARTICLE III ENFORCEMENT SECTION 300.. Enforcement Officer It. shall be the duty of the Building Inspector to administer and enforce the provisions of this ordinance. SECTION 310. Notice of Violation Whenever the Building Inspector has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this ordinance, or not in compliance with a permit issued pursuant to this ordinance, he may notify the owner of the property or the owner ' s agent, or the person perform- ing such operations to suspend all operations, and any such person shall forthwith cease operations until such notice ' of violation has -been rescinded. Such notice shall 'be in 'writing, shall specify the violation, and shall state the conditions which must be -complied with and the time within which compliance must be completed, before operations may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply for a hearing before the Town Board, as hereinafter provided. Such notice shall be- served upon the person to whom it is directed 'by delivering it to him personally,. or by 'posting the same in a conspicuous place on the premises.-where operations are being conducted and mailing a copy 42 thereof to such person by registered mail to his . last known address. The Building Inspector may extend the time of compliance specified in the notice of violation, where there is evidence of intent to comply within the time specified, and conditions exist which prevent immediate compliance.' In the event that .the person upon whom. a notice of violation has been served shall fail to comply with said notice witthin the -time specified . therein, or within the time specified in any extension of time issued by the Building Inspector, anya.11 , permit issued to such person pursuant to this ordinance shall be deemed revoked. SECTION 320.- Hearing on Violation Any person affected by a notice of violation issued pursuant to the preceding section hereof, may request and shall be granted .a hearing before the Town Board, provided such . person shall file . a written request therefor with the Town Clerk within 10 days after service of the notice of violation. Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is requested and shall set forth the reasons why such..notice of violation shoiald be modified or rescinded. The Town Clerk .shall present such request to the Town Board at its next regular meeting-. The Town Board shall set a time .and place for. such hearing and shall gave the person requesting the same a:t: least 5 days. -no.tice . of .the time and place thereof. At such hearing, the person requesting the .same;, or his representative, shall be given an opportunity to show cause why such notice of violation should be modified or rescinded. After suc hearing, the Town Board may sustain, modify or rescind such notice of violation or revoke any permit previously issued and shall specify the .reasons therefor. The . noticesof violation . for which a hearing. is. reques)ted ,shall . continue - in effect pending the hearing and determination of the Town Board. . SECTION 330.. ,-Penalties = = For every violation of the provisions of this ordinance, or for a failure to comply with a notice of violation - issued .by the Building Inspector, the owner, builder, contractor, or their agents, or any person who cimmits, .takes part in, or, assists in any such violation, or who shall fail to comply with a notice of violation issued by the Building Inspector shall'.be guilty of a - violation, and upon conviction shall be punishable .by a fine of not- more than ..five hundred ($500. 00) dollars or imprisonment for a period not exceeding fifteen- (15) days, : or both such fine, and:imprisonment. Each day ' s continued violation. shall- constitute a separate :additional violation. ARTICLE .IV FEES AND MISCELLANEOUS PROVISIONS SECTRON 400. Fees Every application for a permit filed -with the. Town:Clerk shall be accompanied by a filing fee of twenty-five ($25. 00). .dollars; . no portion of which shall- be refundable. .. . In addition to the filing fee, the Town Board, upon the adoption of a resolution authorizing the issuance of .-a -permit, shall determine the amount of the inspection fees to be paid by the appli- cant to the Town Clerk upon.-:the issuance of a permit in accordance with Section 250 (c) hereof. SECTION 410. Exceptions A. The provisions of this ordinance shall not affect or prohibit or require a permit for the following : (1) The ordinary and usual mosquito control operations conducted by any public authority. 428 (2) The ordinary and usual operations incidental to the cultivation and/or ,harvesting ;of. fish and shellfish. -(3)- The- ordinary and usual operations -ketlative to. -conser- vation of soil; .vegetation,: fish, .shellfish and wildlife. (4): The ordinary and. usual operations relative ,-to agricultur.e,�Iaquaculture or _hort,iculture. . (5) The ordinary and usual maintenance or repair , of . a. presently existing building, dock, pier, wharf, bulkhead, jetty, groin, dike, dam or other water control device, or , structure.. B. ; Nothing contained in this ordinance :shall be .-deemed to affect any areas .in the Town :w-ithin the. jurisdiction of :the, .Southold Town Board : of Trus,tee&:: SECTION -420. Waiver. The . Town .Boar.d upon request of the -applicant for . a p.ernit, may waive in'whole or in part; the provisions .of Article II, Section 210; subdivisions . (d) and (g).:.where it finds .tha_t, the. nature of the proposed . operations. are .such. that the,,requirements of : such provisions,. a,re :not, necessary for .a proper .consideration-.of a , permit application.... SECTION '430. Sev.erability:. If any clause, sentence;. paragraph,. section . or article• of. this ordinance shall be adjudged by any court of competent jurisdiction to be invalid;' .-such judgment shall not impair or invalidate the . remainder hereof, but such adjudication shall be -confined in .-its , opEration to the clause, sentence, paragraph, section or article directly involved in the controversy in which .judgment: shah.. have.., been rendered. SECTION 440. - Effective Date This ordinance shall take effect immediately. . Vote of the .Town - Board: .Ayes : .Supervisor Martocchia; Councilman Rich, Councilman Valentine, Justice Suter, Justice Demarest. Moved by Justice Demarest; seconded..by Councilman Valentine, WHEREAS, a petition. was• received from- Edwin Rolquin, . Harbor Hill Drive, Lloyd Harbor, Huntington, New York, requesting a change of zone of certain property described in said petition at East Cutchogue, New York, from "A" Residential and Agricultural District to Industrial District;.- NOW, THEREFORE, BE IT RESOLVED: That the Town Clerk of the Town of Southold be and he hereby is directed to transmit this appli- cation to the Planning Board in accordance with Section 901, Subdivision of Article IX of the Building .Zone Ordinance of the Town of Southold. :. . Vote of the Town Board: Ayes :. Supervisor Martocchia, Councilman Rich, Councilman Valentine, Justice Suter, Justice Demarest. Adjournment at 9:4.5 A.M. Albert W. ..Richmond Town Clerk