[Amended 10-11-2005 by L.L. No. 17-2005; 2-14-2012 by L.L. No. 3-2012; 10-9-2012 by L.L. No.
12-2012]
A. Contents of application. A permit may be issued upon
the written, verified application of the person proposing to perform
operations on wetlands. Three copies of the complete application,
including all written descriptions, pictures and surveys, shall be
submitted to the office of the Trustees. Such application shall contain
the following information:
(1) 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 notarized consent of
the owner, duly acknowledged, must be attached to said application.
(2) At the discretion of the Trustees, a schedule for
the proposed activities with a completion date.
(3) The purpose of the proposed operations.
(4) The amount of material proposed to be removed or deposited,
and/or the type, size and location of any proposed structure.
(5) A description of the area from which the removal or
in which the deposit of material is proposed, or in which structures
are to be erected. The description shall be appropriately referenced
to a permanent reference point or monument.
(6) The depth to which the removal or the deposit of material
is proposed throughout the area of operations, and the proposed angle
of repose of all slopes.
(7) The manner in which the material will be removed or
deposited, or structures erected.
(8) Such application shall be accompanied by a survey
and topographical map, created no more than five years prior to the
date of application, with contours at two-foot intervals, showing
all wetlands within a two-hundred-foot radius of the area from which
the 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 control of said survey shall be based on an approved local
coordinate system. The vertical control for elevations shall be based
on the United States Coast and Geodetic Survey datum.
(9) 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.
(10) 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.
(11) Documentary proof of permits that have been applied
for, are pending, and have been granted, including but not limited
to NYSDEC, Suffolk County Health Department, USACOE.
(12) A description of how the proposed activities will
be mitigated, including erosion control, replanting and restoration,
designated points of access. All proposed operations will be clearly
defined on a survey and described in a project narrative. The Trustees
reserve the right to require specific replanting and restoration methods.
Any replanting and restoration guidelines shall be in keeping with
guidelines set by the Town of Southold.
(13) Current photos of the subject area showing the proposed
area of operations from at least two opposite directions. Each photo
should be labeled with the date, time and direction. The location
of the photos shall be noted on the survey, project plan or provided
on a separate sketch map.
(14) Drainage upgrade. In addition to the requirements of Chapter
236, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two-inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include, but is not limited to, infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board, said plans may require certification from a licensed engineer.
(15) All permit applicants shall submit to the Board of
Trustees an affidavit signed by the owner of the project property
which indemnifies and saves harmless the Town of Southold from any
claims arising out of or connected with operations under the permit
and from all acts, omissions, commissions or negligence on the part
of the applicant, his agents or employees, in such form as shall be
approved by the Town Attorney.
(16) An ethical disclosure statement as provided by the
Town of Southold relating to applications for permits and other governmental
requests.
(17) A statement indicating that submission of false information
will result in rejection of the application and may subject the applicant
to criminal sanctions.
(18) A completed Local Waterfront Revitalization Program
Consistency Assessment Form.
(19) A stormwater management control plan consistent with the requirements of Chapter
236, Stormwater Management, of this Code, if required. The Stormwater Management Control Plan shall meet the performance and design criteria and standards in Chapter
236, Stormwater Management.
B. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article
II, §
275-6A(8),
(11) or
(14), or §
275-11A(2), where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the waiver was granted. Notwithstanding the foregoing, a waiver of the requirements of §
275-6A(14) shall not relieve the applicant of the obligations to comply with the requirements of Chapter
236.
[Amended 3-28-2023 by L.L. No. 5-2023]
The fees for all applications, including administrative, nonadministrative,
docks, floats, and dredging; the fees for all site inspections including
pre-application site inspections; the cost incurred by the Town for
SEQRA review; consultant fees including expert opinion as required
by the Board of Trustees, shall be established, and changed as needed,
by resolution of the Southold Town Board. A copy of the fee schedule
will be kept on file in the office of the Town Clerk and the office
of the Board of Trustees. Trustee fees are nonrefundable.
The Trustees 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 they deem appropriate, consistent with
the purpose of this chapter.
B. Fix the time by which operations must be commenced
and within which they must be completed.
C. Require the payment of inspection fees.
D. Under certain circumstances the Board may require
the submittal of as-built plans, upon completion of operations, stamped
by a licensed surveyor and/or engineer.
E. Performance guarantee. The Trustees may require a
performance guarantee to ensure the proposed operations are conducted
in compliance with a permit. If the work is not conducted as described
in the permit or such work is causing harm to the protected resource,
notice will be given in writing. The Board may require, as a permit
condition, that performance and observance of other conditions be
secured by one or both of the following methods:
(3) Negotiable securities; or
(4) Other undertaking of financial responsibility.
F. Liability insurance. The applicant for a permit shall,
before the issuance of said permit by the Clerk, file with the Clerk
a certificate that the contractor chosen to perform the work under
the permit has liability insurance policies insuring against any liability
which may arise in the performance of the operations pursuant to such
permit, which said policies shall name the Town as an additional insured.
[Amended 10-11-2005 by L.L. No. 17-2005; 12-18-2007 by L.L. No. 23-2007; 3-23-2010 by L.L. No. 1-2010; 10-9-2012 by L.L. No.
12-2012; 3-28-2023 by L.L. No. 5-2023]
Each permit issued hereunder by the Clerk pursuant
to a resolution of the Trustees shall be valid for a period of three
years from the date of approval. Said permit may be renewed for two
consecutive one-year periods at the discretion and review of the Board.
Each permit 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 Trustees 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 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 Clerk upon
receipt by the 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 permittee does, by the 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
permittee also agrees to indemnify and save harmless the Town 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 the applicant, and his/her agents and employees." Acceptance of
the permit is acceptance of this condition.
G. A statement that "The permittee 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, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the performance guarantee (§
275-9E)."
H. A statement
that "The permittee is required to notify the Trustees in writing
one week prior to initiation of any and all operations."
I. A statement that "The permittee is required to notify the Trustees, in writing, upon completion of operations such that the site can be inspected for issuance of a certificate of compliance (§
275-13)."
J. A statement
that "The permittee is required to provide evidence that a copy of
this Trustee permit has been recorded with the Suffolk County Clerk's
office as a notice covenant and deed restriction to the deed of the
subject parcel. Such evidence shall be provided within 90 calendar
days of issuance of this permit."
K. A statement
that "The permittee is required to conspicuously post the permit and
have the supporting Trustees' stamped plans available for immediate
inspection at the work site at the commencement of work until which
time the project is completed."
The Trustees 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 saltwater 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.
J. Adversely affect the aesthetic value of the wetland
and adjacent areas.
[Added 12-18-2007 by L.L. No. 23-2007]
A. The Bay Constable, Zoning Inspector, or Code Enforcement
Officer is authorized to issue stop-work orders pursuant to this section.
The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall
issue a stop-work order to halt:
[Amended 3-23-2010 by L.L. No. 1-2010]
(1)
Any work that is determined by the Bay Constable,
Zoning Inspector, or Code Enforcement Officer to be contrary to any
applicable provision of this chapter, or:
(a)
Any work that is being conducted in a dangerous
or unsafe manner in the opinion of the Bay Constable, Zoning Inspector
or Code Enforcement Officer, without regard to whether such work is
or is not work for which a Trustee permit is required, and without
regard to whether a Trustee permit has or has not been issued for
such work; or
(b)
Any work for which a Trustee permit is required
which is being performed without the required Trustee permit, or under
a Trustee permit that has become invalid, has expired, or has been
suspended or revoked.
B. Stop-work orders shall:
(2)
Be dated and signed by the Bay Constable, Zoning
Inspector, or Code Enforcement Officer;
[Amended 3-23-2010 by L.L. No. 1-2010]
(3)
State the reason or reasons for issuance;
(4)
If applicable, state the conditions which must
be satisfied before work will be permitted to resume.
C. The Bay Constable, Zoning Inspector, or Code Enforcement
Officer shall cause the stop-work order, or a copy thereof, to be
served on the owner of the affected property, and if the owner is
not the permit holder, on the permit holder, personally or by certified
mail to the owner or permit holder and posting at the work site. The
Bay Constable, Zoning Inspector, or Code Enforcement Officer shall
be permitted, but not required, to cause the stop-work order, or a
copy thereof, to be served on any or all of the following: builder,
architect, tenant, contractor, subcontractor, construction superintendent,
or their agents, or any other person taking part or assisting in work
affected by the stop-work order, personally or by certified mail and
posting; provided, however, that failure to serve any person listed
above shall not affect the efficacy of the stop-work order.
[Amended 3-23-2010 by L.L. No. 1-2010]
D. Upon issuance of the stop-work order, the owner of
the affected property, the permit holder and any other person performing,
taking part in or assisting in the work shall immediately cease all
work which is the subject of the stop-work order.
E. The issuance of a stop-work order shall not be the
exclusive remedy available to address any event described in this
section, and the authority to issue a stop-work order shall be in
addition to, and not in substitution for or limitation of, the right
and authority to pursue any other remedy or impose any other penalty
under any other applicable local or state law. Any such remedy or
penalty may be pursued at any time, whether prior to, at the time
of, or after the issuance of a stop-work order.
A certificate of compliance shall be issued
by the Trustees prior to use or occupancy of a structure, which has
been erected, enlarged, or altered pursuant to the issuance of a permit
in this chapter.
[Amended 10-9-2012 by L.L. No. 12-2012]
A valid Trustees’ permit may be transferred
to another applicant by approval of the Trustees upon a determination
by the Trustees that the structure in its current state conforms to
the terms and conditions of the permit as issued. The fee for transferring
said permit shall be $50.