From and after the effective date of this section, the regulations herein shall apply to properties within the Near Shore and Peninsular Overlay District (also cited herein as the "Near Shore District") in accordance with the map, notwithstanding other requirements of this chapter or other chapters of Town Code which may be applicable to those same locations. Properties that contain wetlands must comply with Chapter
129 of the Code of the Town of Shelter Island, which is the Wetlands Local Law.
A. District purpose: to protect selected areas of unique importance to the water and other natural resources of the town.
B. Purpose and findings. The Town Board of the Town of Shelter Island finds and declares it to be public policy of the Town to preserve and protect the natural resources of the Town in the most ecologically sensitive areas where one or more of the following criteria apply:
(1) The freshwater table is close to sea level and risk of salt water intrusion exists or has occurred through consumptive use of available potable water.
(2) The land surface is close to the level of the freshwater table, increasing the risk of pollution of the aquifer.
(3) The land drains toward creek or bay waters, increasing potential pollution from surface or below-ground drainage.
(4) Density of development and anticipated future development threaten the ecologically sensitive areas.
(5) The land drains toward freshwater ponds which are hydraulically connected to outcroppings of the freshwater table which may result in pollution of the freshwater table.
C. Shoreline vegetative buffer. The purpose of the shoreline vegetative buffer is to protect bay, creek or fresh waters from pollution caused by stormwater runoff, or by applications of chemicals to the land. Such buffers should be able to absorb excess nutrients, thereby reducing bacterial and chemical input to the waterways from such stormwater runoff or chemicals. The shoreline vegetative buffer shall be subject to the provisions of Chapter
129, and activities within that area shall require a permit as specified in Chapter
129.
[Amended 5-16-2003 by L.L. No. 7-2003]
D. New subdivisions. The following shall apply to the formation of new subdivisions, any portion of which lies within the Near Shore District:
(1) Shoreline vegetative buffer. A shoreline vegetative buffer as described at §
133-12C shall be maintained adjacent to all bay, creek, estuary, stream, fresh or pond shorelines and wetlands. The buffer depth shall be 75 feet.
(2) Park or recreation area requirement. Each subdivision is required to provide park or recreation area pursuant to §
111-34.1 of this Code. Structures shall not be permitted within the park or recreation area except those supporting the protection purposes of the park requirement.
[Amended 9-20-2002 by L.L. No. 11-2002]
(3) Contiguous areas. In acting on subdivisions either entirely or partially within the district, the Planning Board shall consider all portions of the subdivision as if located within the district.
(4) Acreage averaging. The Planning Board may approve plats for acreage averaging, as provided at §
133-26.
E. Development of lots: procedure. A building permit shall be required for construction on individual or multiple lots and for uses of lots located in whole or in part within the Near Shore District, whether previously or newly subdivided, if involving the creation of nonbuilding impervious surface in excess of a cumulative total of 1,000 square feet.
(1) Application for building permit. An application for a building permit shall be submitted to the Building Department on a form prescribed by the Building Department. Such application shall include the following:
(a) A current certified survey, with two-foot topographic intervals, prepared by a licensed surveyor, showing the location of all proposed and existing buildings and structures whether or not requiring a building permit and with measurements to the property line and any floodplain areas (see definition). In the case of tidal or freshwater wetlands or shoreline, or where vegetation buffers exist, the landward boundaries of same shall be indicated.
(b) Final approval of the building permit shall not be granted until all required Town and other governmental permits are received.
(c) Any additional hydrological computations, archaeological, topographical or engineering studies, factual or scientific data as deemed necessary by the Building Department or Planning Board, if applicable, to permit a proper determination.
F. Development of lots: requirements. Individual or multiple lot development shall be subject to the following:
(1) When natural vegetation exists, a shoreline vegetative buffer of a minimum of 75 feet shall be maintained landward of the boundaries of shorelines, wetlands, creeks, estuaries and tidal or freshwater ponds.
(2) Buildings and structures shall not be permitted within said shoreline vegetative buffer, with the following exceptions:
(a) Docks, bulkheads, and boardwalks;
(b) Gazebos and similar structures consisting of less than 100 square feet in total size.
(3) Buildings and structures including wastewater disposal systems and sanitary systems shall be located at least 100 feet from the landward edge of a tidal or freshwater wetland. Septic systems shall be located at least two feet above seasonal high groundwater, or as the Suffolk County Department of Health Services directs, whichever is more restrictive.
[Amended 7-20-2001 by L.L. No. 10-2001]
(4) A septic system, cesspool and/or leaching field which lawfully exists on the effective date of this section may continue, except that it shall be upgraded to meet these requirements if either or both of the following occur:
(a) The septic system is to be replaced or requires repairs due to inadequacy or failure, such as the discharge of effluent directly or indirectly into surface waters or wetlands.
(b) It is determined that the septic system is substandard in that it will not meet Suffolk County Department of Health Services requirements.
(5) Upgraded systems shall have any discharge into the ground in accordance with the regulations of the Suffolk County Department of Health Services. Points of discharge shall be placed no less than 100 feet landward of such boundary of tidal or freshwater wetlands.
[Amended 7-20-2001 by L.L. No. 10-2001]
(6) Except as provided below, driveways and parking areas shall be of permeable material, except where the slope is greater than 15°. Where impermeable material is used due to the degree of slope, drainage of stormwater shall be retained and recharged to the aquifer on site.
[Amended 1-3-2012 by L.L. No. 1-2012]
(a) Impermeable driveways may be allowed where the slope is less than 15°, subject to obtaining a building permit and having a stormwater collection, storage and recharge system designed to accommodate a two-inches-in-twenty-four-hour rain event for 100% of the paved driveway area. The stormwater collection system shall be certified by a New-York-State-licensed professional engineer, architect or landscape architect, be specifically designed for the property and must meet Suffolk County Health Department and New York State Department of Environmental Conservation regulations.
(b) An impermeable driveway of 1,000 square feet or less may be installed where the slope is less than 15°, subject to obtaining a building permit, installing a minimum size four-foot-by-eight-foot drywell in a manner approved by the Building Inspector to collect and recharge its stormwater runoff, and meeting the Suffolk County and New York State Department of Environmental Conservation regulations. Professional architects or engineers are not needed for this impermeable driveway installation since a four-foot-by-eight-foot drywell can accommodate the runoff of a two-inch-per-hour rain event when properly installed by the contractor.
[Amended 11-30-2018 by L.L. No. 14-2018]
(c) Driveways legally existing as of the date of adoption of this section are exempt from these provisions unless more than 50% of the existing square footage is modified, at which point they shall be treated as a nonconforming structure subject to the provisions of §
133-23.
(7) During construction, provisions must be made to prevent stormwater drainage from eroding the site or discharging to any wetland or water body without appropriate treatment to avoid contamination, including recharge where possible, and use of vegetative filter strips, catch basins and other devices where not possible.
(8) Each lot shall have provisions on site to contain and recharge rainwater to the aquifer. Roof rainwater shall be collected via downspouts to a dry well, or to a dry well directly beneath the roof (French Drain). Any cisterns which can be documented to have been used to collect rainwater prior to August 2009 may be continued to be used until they require reconstruction or replacement, at which time they must come into compliance with the Town Code.
[Amended 7-31-2009 by L.L. No. 12-2009]
(9) Pipes, culverts, drains or similar structures which discharge stormwater directly or indirectly into surface waters or into wetlands are prohibited. Such structures shall be removed or permanently blocked no later than five years from the effective date of this subsection.
(10) Fuel tanks for storage of petroleum products other than propane shall be placed above ground and in an area capable of containing the full contents of the fuel tank plus 10% in the event of leakage so that no fuel enters the ground. This section shall not apply to petroleum storage facilities subject to the regulations in 6 NYCRR Part
614 and Article 12 of the Suffolk County Sanitary Code.
[Amended 10-2-2009 by L.L. No. 15-2009]]
(11) Prior to issuance of a certificate of occupancy, a final inspection of the property shall be made by the Building Inspector/Zoning Officer to assure that all ecological requirements of this section have been fulfilled.
(12) No accessory apartment, two-family dwelling, or boardinghouse may be continued or operated unless it can be demonstrated to the satisfaction of the Building Inspector/Zoning Officer that it was legally established and operating prior to the enactment of this chapter.