HomeMy WebLinkAboutTB-06/29/1971 36
Meeting o•f� June 129:1 :1971 =
A special meeting of the Southold Town 'Board -was. :called -by .the -
Supervisor, Albert M. Martocchia, at 16 South Street, Greenport,
New York, on June 29, 1971 at 9 :30 P.M. Al-1-members-were given"'" ..
nbtice according to law. The following were present:
Supervisor Albert -M." Martocchia, Councilman Howard C:
Valentine, Justice Martin Suter, Justice Louis M.
Demarest, Councilman James H. Rich, Jr. , Town Attorney
Robert W. Tasker, and Town Clerk Albert W. Richmond,
Absent: - Justice E. Perry Edwards.
Moved by Councilman Valentine, seconded by Councilman Rich,
WHEREAS,Burton Potter Post #185, American Legion, Greenport, New
York, applied to the Town Clerk for a Bingo License, and
WHEREAS, the Town Board has examined the application and after
investigation made findings and determinations as required by law,
NOW, THEREFORE, BE IT RESOLVED: That the Supervisor be and he
hereby is authorized and directed to execute on behalf of the
Town Board the findings and determinations required by law, and
it is further,
RESOLVED: That the Town Clerk be and he hereby is directed to issue
a Bingo License to the Burton Potter Post #185, American Legion,
Greenport, New York.
Vote of the Town Board: Ayes : Supervisor Martocchia, . Councilman
Valentine, Councilman Rich, Justice Suter, Justice Demarest.
Moved by Councilman Valentine, seconded by Councilman Rich, it was. :
RESOLVED: That the proposed Zoning Maps and Zoning Ordinance be
sent to the Suffolk County Planning Commission for their recommenda-
tions and approval.
Vote of the Town Board: Ayes : SupervisDr Martocchia, Councilman
Rich, Councilman Valentine. Nays : Justice Suter, Justice Demarest.
Resolution declared LOST.
Moved by Councilman Valentine, seconded by Justice Demarest,
WHEREAS, by resolution adopted by this Town Board on the 14th day
of June, 1971, a public hearing was authorized to be held on "An
Ordinance Regulating Dredging, Filling and Construction Operations
on Wetlands in the Town of Southold, and
WHEREAS, said hearing was held by the Town Board on the 29th day
of June, 1971 at the Greenport School, at which time all interested
persons were given an opportunity to be heard, and
WHEREAS, the Board deems it is in the best interest of the Town
of Southold that this Ordinance be adopted,
NOW, THEREFORE, BE IT RESOLVED: That the Town Board of the Town
of Southold enact the following ordinance to wit:
"AN ORDINANCE REGULATING DREDGING, FILLING AND CONSTRUCTION
OPERATIONS ON WETLANDS IN THE TOWN OF SOUTHOLD. "
ARTICLE I
TITLF,,, POLICY AND DEFINITIONS
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SECTION 100. Title
This ordinance shall be known and may be cited as the "Wetlands
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 or eliminating many of
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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, shell/ fish, or other beneficial marine organisms, aquatic wild
life and vegetation and the destruction of the natural habitat thereof,
to minimize danger 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 conserva-
tion, ' 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 inconsistent with the context, words in the present tense
include the future, words used in the plural number include the
singular number and words used in the singular. number include the
plural number. The word "shall" is always mandatory ,and not
directory.
(a) Material - shall mean soil, sand, gravel, clay, bog, peat,
mud, or anyeother 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, enlargement 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 spriraggtides cause d- by- lunar -gravitationa 1 .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 incapable of being grown.
ARTICLE II
SECTION .200.. Permit Required
Notwithstanding -.any prior course of conduct .or• .permis.sion. .
granted;. :no person-.sha.11 . conduct o.perations .on, any wetlands in the
Town. of .Southold, unless -he .shal.l first. obtain a written permit
therefor issued by authority of the Town Board as hereinafter
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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
application 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, etc. ) . 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 acknowledged, must be attached to said application.
(b) The purpose of . the proposed opeations.
(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.
(e) The depth to which removal or the deposit- of material is
proposed throughout the area of operations and the proposed angle
or repose of all slopes.
(f) The manner in which the material will be removed or
deposited, or structures erected.
(g) Such application shall be accompahlied 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 which structures are to be erected, certified by a
registered land surveyor or registered professional engineer,
licensed by the State of New York. Such survey and topographical
map shall show the soundings of the area in which operations are
proposed to be conducted. The horizontal controll 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
opejr!a.tions.
(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 revoked or suspended by a governmental agency.
(j) 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 shall forward
one copy thereof to the Conservation Advisory Council, one copy to
the Town Trustees, and one copy to the Town Board. The Conservation
Advisory Council and the Town Trustees shall each review said appli-
cation and the effect,' if any, on the wetlands and tital 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
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of findings and recommendations with respect to such application
to the Town Board. If the Conservation Advisory Council or the Town
Trustees shall recommend that such applicatinn be disapproved, 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 Conservation
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 permit, the reasons
for such denial shall be set forth in such resolution, In the event
that the Town Board shall fail to act on such application within the
time prescribed herein, such application shall be deemed to have
been approved and the Town Clerk shall issue a permit authorizing
the operations applied for.
SECTION 250. Conditions on Issuance of Permit
The Town Board may upon the adoption of a resolution directing
the issuance of a permit:
(a) Impose such conditions on the manner and extent of the
proposed operations as it deems appropriate.
(b) Fix the time by which operations must be commenced and
within which- they must be completed.
(c) Require the payment of inspection fees in any case where
it is determined that more than one 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 aEthe
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.
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(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 authorities.
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 shall 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 bytthe acceptance
of this permit, assume all responsibility for operations 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 save harmless the Town, and its officers , agents and i
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 its officers and 'employees
to enter upon the premises where such operations are being conducted
to make such inspections as the Town nay deem necessary to insure
that such operations are being conducted in conformity with ' this
permit. "
SECTION 280. Standards
Th6Town-' 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) Adverseiy 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 dange' 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
of 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.
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SECTION 290. Assignment of Permit
A permit issued pursuant hereto shall not be transferred or
assigned without 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 performing such opera-
tions to suspend all operations, and any such person shall forthwith
cease operations until such notice of violation has been rescinded.
Such noflce 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 deliveringit to him personally,
or by posting the same in a conspicuous place on the premises where
operations are being conducted and..mailing ..a. copy .thereof to such
person by 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 saidnotice within the time specified
therein, or within the_ time specified in any extension of . time issued
by the Building Inspector, any permit issued to such person pursuant
to this ordinance .shalll 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 annexdd
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
should be modified or rescinded. The Town Clerk shall present such
request to the Town Board at it s next regular meeting., The Town
Board shall set a time and place for such hearing and shall give the
person requesting the same at least 5 days notice 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 such
hearing, the Town Board may sustain, modify or .rescind, such ,notice
of violation, or revoke any permit previously issued and shall specify
the r.easo.ns ,.therefor. . The notice. of violation for which a .hearing is
requested shall continue in effect pending the. hear.ing .and :determina-
tion of the Town Board.
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SECTION 330. Pdrialties
For every violation of the provision ''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 commits, take's' part ' in, or assits 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 convictionn
shall be punishable by a fine of not more than five hundred ($500. 00)
dollars or imprisonment for a per1od not exceeding- f if-tEeen- (•15). -days,
or both suchfine and imprisonment. Each days continued violation
shall constitute= a 'separate 'ad'ditionai violation.
ARTICLE IV
FEES AND MISCELLANEOUS PROVISIONS
SECTION' 400. Fees "
Every application for a permit filed with the Town Clerk shall
be -accompanied by a- fiing '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 applicant 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.
(2) The ordinary and usual operations incidental to the
cultivation and/or harvesting of fish and shellfish. -
(3) The ordinary and usual operations relative to
conservation of soil, vegetation, fish, shellfish and wildlife.
(4) The ordinary and usual operations relative to
agriculture, 'aquaculture or horticulture.
(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 sithin the jurisdiction of the
Southold Town Board of Trustees.
SECTION 420. Waiver .
The' 'Town' Board -upon _request of the applicant for a permit,
may waive in whole or in part,_ the provisions 'of _Article II;
Section 210, subdivisions (d) .and (g) where it 'finds that -the
nature of the proposed operations are such that the requirements
of such -provisions are not necessary fora proper consideration of
a permit application.
SECTION 430. Severability
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
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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 shall have
been rendered.
SECTION 440. Effective Date
This ordinance shall take effect immediately.
Adjournment at 10:00 P.M.
Albert W. Richmond
Town Clerk