A.
No person shall engage in any of the following activities in Town waters or the bottoms of the Town waters or the bay beach area or ocean beach area as defined herein unless authorized by a permit issued by the Board of Trustees of the Freeholders and Commonalty of the Town of Southampton:
(1)
Clear, dig, dredge or in any way add to, alter or remove any material;
(2)
Place or deposit or permit to be placed or deposited any debris, fill, sand, gravel, artificial beach nourishment or other material, including vegetation, rocks, sand fencing and rip-rap;
(3)
Erect, construct, reconstruct, alter, enlarge, drive, place, remove, demolish, or deconstruct any structure, including a dock, pile, tie-off poles, moorings, or other obstruction, or bulkhead, jetty, retaining wall, groin, revetment, rip-rap, ramp, catwalk, walkway, stairs, sand fencing or any structure constructed for the purpose of providing access to and from the shoreline;
[Amended 6-7-2021 by Res. No. 2021-140]
(4)
Clear, dig, or dredge any channel or basin, or in any way alter any upland area to afford access to Town waters;
(5)
Drain or discharge any pollutant or effluent, including solid and chemical wastes, sewage and swimming pool waters; or
(6)
Construct, create, eliminate, enlarge or diminish in size any Town waters or any wetlands adjacent to and associated with Town waters.
B.
Permits will be issued in duplicate, under the seal of this Board, and are good for a period of one year; said permit shall be made out to the owner of the property involved. The original shall be filed with the Clerk of the Board, and a copy shall be kept in the possession of the person in charge of the work at the site thereof, and such permit shall be displayed upon demand. The Trustee permit shall be conspicuously posted, along with copies of the applicant's New York State Department of Environmental Conservation permit and United States Army Corps of Engineers permit, as applicable, at the job site and in a location visible from the nearest access road. In the event of any dispute arising, the form of the permit filed with the Clerk of the Board shall control.
C.
Dredging permits will only be issued upon written application addressed to and filed with this Board, setting forth in detail the purpose for which a permit is desired, the exact location of the bottom or waters to be affected, and the maximum duration of the work; and if the permit is for digging, dredging, and removing the bottom of any waters for the purpose of making a fill, the application must state the maximum yardage to be taken.
D.
All applications shall be signed by the owner of the property to be benefited, improved or in any manner served by the project in which a permit is sought, or by the person, firm or corporation by whom the work is to be performed acting as agent for the owner of the land.
E.
Applications must be filled out completely and accurately.
F.
In conjunction with the application.
[Amended 6-7-2021 by Res. No. 2021-140]
(1)
In conjunction with the application for work, the Trustees require the following for all new work, reconstruction and replacement of existing structures:
(a)
Two copies of the following:
[1]
Property survey, done by a New York State licensed surveyor, and updated no more than one year prior to the application date. The survey submitted must bear the original seal of the licensed surveyor or engineer.
[2]
Initial drawings/plans, drawn to scale, as part of a survey or independent of one.
[Amended 9-26-2022; 1-23-2023]
[3]
Photographs of the site and proposed work area must be included.
[4]
Copies of any covenants or restrictions on the property, if applicable, must also be submitted with application.
[5]
An electrical permit from the Building Department of the jurisdiction where the property is located, if applicable.
[Amended 3-8-2023]
(b)
An inspection/application fee, established by resolution duly adopted by the Board of Trustees, shall be charged on applications for permits, nonrefundable, with additional fees on docks, ramps, catwalks, tie-off poles, bulkheading, rip-rap, rock revetments, retaining walls, sand fencing, groins, and dredging; applicable permit fees will be calculated as of the date of the passage of the Trustee resolution granting the permit.
[Amended 6-17-2024]
(c)
Preconstruction fee. If any building or commencement of any construction activity is without the benefit of applicable permits, all fees associated with any building or construction activity shall be equal to double the otherwise applicable fee for all applications and permits as provided for herein.
(2)
Prior to final permit approval, the Trustees require the submission of a final set of drawings/plans, drawn to scale, as part of a survey or independent of one, showing the original stamp or seal of the job appropriate New York State licensed design professional (engineer, architect, or landscape architect), unless plans/drawings showing said stamp or seal have already been submitted and required no changes.
[Added 1-23-2023[1]]
[1]
Editor's Note: This amendment renumbered former Subsection F(2) as Subsection F(3).
(3)
In conjunction with the application for removal/demolition/deconstruction of a structure (herein after “demolition permit”); including a dock, pile, tie-off poles, moorings, or other obstruction, or bulkhead, jetty, retaining wall, groin, revetment, rip-rap, ramp, catwalk, walkway, stairs, sand fencing or any structure constructed for the purpose of providing access to and from the shoreline, the Trustees require two copies of the following. The following requirements may be waived upon good cause as determined by the Board of Trustees:
(a)
Completed demolition permit application form.
(b)
Property survey, done by a New York State licensed surveyor, and updated no more than one year prior to the application date. The survey submitted must bear the original seal of the licensed surveyor or engineer.
(c)
A description of the land and body of water upon which the proposed work is to be done.
(d)
The full name and address of the owner(s) and of the applicant and the names and addresses of their responsible officers, if any of them are corporations.
(e)
A brief description of the nature of the proposed work, including, but not limited to, any implementation of erosion and sediment controls.
(f)
A structural engineering report regarding the condition/integrity of all structures that are part of the demolition permit application.
(g)
A statement of the use or occupancy of all parts of the land as commercial or residential.
(h)
A certified copy of the most recent deed recorded in the Suffolk County Clerk's office.
(i)
A hold harmless form duly executed in favor of the Board of Trustees. (The application and the hold harmless form shall be signed by all owners listed.)
(j)
Color photographs of all structures that are part of the demolition permit application. The Trustees shall have 45 days from the date of receipt of a complete demolition permit application to render a report and/or recommendations.
G.
Four one-year renewals of a permit issued for dredging, docks, bulkheading and channels provided, provided that there has been no change in the description of the work submitted with the existing permit which would warrant reconsideration of the permit or if any proposed modification in the description of work is less restrictive and will not result in any new adverse impact, will be approved by the Board for good cause, if applied for within three months of date of expiration of the original permit, upon payment of the application fee.
H.
All work for which a permit is issued shall at all times be subject to inspection by this Board, or its designated agent, for a violation of any of the statements in the application therefor or any provision of the permit, or for any operation outside the limits shown on surveys accompanying the application, and said inspection is at all times reserved, whether or not set forth in express terms in any permit. The Board reserves the right to cancel any permit when it finds that it is in the public interest to do so. A copy of these rules shall form a part of every permit issued.
I.
Lumber.
(1)
All lumber used on Trustee-approved structures (e.g., for the construction of docks, bulkheads, pilings, sand fencing, etc.) must be untreated and may not contain any chemical wood preservatives.
(2)
Areas outside Trustee jurisdiction, but still within the Town: There are several areas in the Town where bulkheads and docks are permitted but do not fall in the Trustee's jurisdiction (e.g., Noyack Bay, Little Peconic Bay, Great Peconic Bay, and Flanders Bay). A ban on treated lumber has been in effect since June 3, 2002, on materials used on any Trustee-permitted structures. No treated lumber may be used.
J.
Procedure for evaluating permit applications for public hearings:
(1)
The Board of Trustees may, in its discretion, require that a public hearing be held on applications where the proposed project raises a significant degree of public interest or where public input can aid in the decision-making process.
(2)
The Board of Trustees shall give notice of a public hearing as follows:
(a)
By requiring the applicant to erect a white sign or signs with black lettering, measuring not less than two feet long and one-foot wide, which shall be prominently displayed on the premises facing each public street on which the property abuts, giving notice of the date, time and place where the public hearing will be held. The sign shall not be set back more than 10 feet from the street line and shall not be less than two or more than six feet above the grade at the street line. The sign shall be made of durable material and shall be furnished by the Board of Trustees. It shall be displayed for a period of not less than 10 days immediately preceding the public hearing date. No additional posting shall be required for any adjournment date. The applicant shall file an affidavit that he or she has complied with the provisions of this section.
(b)
By requiring the applicant to mail written notice of the date, time and place of the hearing, together with a copy of the application and survey submitted to the Board of Trustees, by certified mail, return receipt requested, to every property owner, as shown on the current Town of Southampton assessment rolls, of parcels abutting the property which is the subject of the application, proof of which shall be submitted to the Board of Trustees on or before the commencement of the public hearing in the form of an affidavit with postal receipts annexed thereto confirming mailing of said notices at least 10 days prior to the hearing date.
(c)
Failure of the applicant to provide the Board of Trustees with the required proofs of notice shall require that the matter be adjourned and renoticed. After the second occurrence in which an applicant fails to provide the Board of Trustees with the required proofs of notice, an applicant shall bear all further costs of publishing associated with matters that must be renoticed.
[Amended 6-7-2021 by Res. No. 2021-140]
(3)
Time period for public hearing.
[Amended 6-7-2021 by Res. No. 2021-140]
(a)
The public hearing for a formal application shall be held no sooner than 15 days from the date an application is deemed complete, as evidenced by a notice of complete application.
(b)
Within 45 days of the close of any public hearing, the Board of Trustees shall render a decision to approve, approve with modifications or special conditions, or deny the issuance of a permit for the proposed activity. The Board of Trustees shall also set the term of any permit issued pursuant to its decision.
(c)
The Board of Trustees shall close the public hearing within 60 days of the hearing's opening, and within 180 days from the date an application is deemed complete, as evidenced by a notice of complete application for a formal application, unless an extension is mutually agreed upon by the Board of Trustees and the applicant.
(4)
The Board of Trustees, on its own motion, or at the request of the applicant, may modify or extend any of the aforementioned time periods for good cause.
(5)
In evaluating applications for permits under this section, the Board of Trustees shall consider the potential impact upon the rights and resources of the Freeholders and Commonalty of the Town of Southampton, including whether the activity applied for will unreasonably interfere with the rights of the Freeholders and Commonalty to use their lands or to pass and repass along their rights-of-way. To the maximum extent practical, the protection of the environment and conservation of natural resources shall be given appropriate weight with social and economic considerations. The Board may consider the objections, or lack thereof, of abutting landowners.
K.
Applications for, or the acceptance of and payment for, a permit by an applicant shall be deemed to have been abandoned by the applicant if no response or activity has taken place by them for one year from the last communication sent to them by the Trustees' staff regarding the application.
[Added 6-17-2024]