Town of Southold, NY Article XIII Preservation of Natural Features

§ 240-49 Clearing.

A. Clearing of vegetation and/or grading is permitted only within the areas designated by the Planning Board and as shown on a final clearing and/or grading plan or plat approved by the Planning Board.

B. Clearing of vegetation within the individual residential lots on a subdivision plat approved pursuant to this chapter shall be in accordance with Subsection C of this section.

C. Lot size and permissible limits of clearing. Existing native and/or nonnative vegetation shall be preserved subject to the following limits of clearing schedule.

	Lot Size (square feet)	Percentage of Site Permitted to be Cleared
	1 to 15,000	75%
	15,001 to 30,000	60%
	30,001 to 60,000	50%
	60,001 to 90,000	35%
	90,001 to 140,000	25%
	140,001 to 200,000	20%
	200,001 or greater	15%

D. Clearing limits shall be clearly staked and approved by a New York State licensed engineer or surveyor prior to any clearing or grading.

E. Clearing of vegetation within open space areas not in agricultural use is prohibited unless according to an approved final clearing and/or grading plan or approved plat.

F. Clearing of vegetation shall be permitted on residential lots within a subdivision as approved in accordance with this chapter upon the issuance of a certificate of occupancy from the Building Department.

G. Properties located on the Town of Southold Farm or Farmland Inventory are exempt from these provisions.

H. Clearing of slopes equal to greater than 15%. The Planning Board may permit the clearing of slopes equal to or greater than 15% with the approval of an erosion and sediment control plan prepared by a New York State Licensed Engineer.

I. Landscaping and ground cover.

(1) All lots which are not covered by structures or paving shall be properly seeded or landscaped by the developer pursuant to an approved plan. These lots are to be maintained by the landowner, or as otherwise provided by this chapter.

(2) Each lot shall be provided and/or planted with trees that are acceptable to the Planning Board. This requirement may be waived by the Planning Board in wooded areas where the developer intends to maintain existing trees or in areas where the developer meets the limit of clearing requirements.

(3) When a proposed subdivision borders upon an existing commercial or industrial establishment, or any other use which, in the opinion of the Planning Board, may be visually detrimental to the tranquility of the future residents of the subdivision, the Planning Board may require a landscape screen/buffer to protect the subdivision from the visually incompatible use.

(4) Tree fee.

[Added 12-16-2014 by L.L. No. 3-2014]

(a) Upon the request of an applicant, if the Planning Board makes a finding pursuant to this chapter that the proposed subdivision presents a proper case for requiring trees to be planted for screening or landscaping purposes, but that a suitable location for said plantings does not exist, or it is otherwise impracticable, the Planning Board may permit the applicant to pay a sum of money in lieu thereof. The fee shall be as follows:

[1] Not less than $350, nor more than $750 per tree, based on caliper, that would have been required for screening or landscaping purposes.

(b) Timing of fee payment. The fee shall be paid prior to any subdivision approval.

(c) The fee shall be deposited into the Fiduciary Fund and used by the Southold Town Tree Committee exclusively for the planting of new street trees and/or the replacement of damaged or removed trees on Town property.

§ 240-50 Floodplains.

A. Land that lies within a floodplain or zone or directly contributes to the watershed of that plain or zone by way of a swale shall be left in its natural state.

B. Whenever possible, the ability of the land to naturally channel, retain and drain stormwater shall be maintained and enhanced in ways that augment the existing natural system.

C. No subdivision design will be permitted that would create a flood or flooding hazard to adjoining or nearby properties including public roads and property.

§ 240-51 Stormwater, drainage and erosion control.

A. All stormwater runoff resulting from the development or improvement of a subdivision or any of its lots should be retained on-site by adequate on-site drainage structures so that the stormwater runoff will not flow into the right-of-way of a Town, county or state road, upon any neighboring properties under separate ownership, or in any body of water.

B. All historic drainage patterns shall be preserved. Where existing grade is altered, the applicant shall submit a grading and drainage plan to the Planning Board. Dewatering, altering, or causing adverse existing drainage patterns and/or conditions on adjacent properties or parcels is prohibited.

C. Erosion and sediment control measures as defined by the Planning Board will be required during and immediately after construction on site to help prevent stormwater from carrying soil and other deleterious material onto adjacent properties and highways and into wetland areas and adjoining bodies of water.

D. The Planning Board may refer all residential subdivision proposals to the Suffolk County Soil and Water Conservation District (SWCD) and/or the Town Engineering Office, for their review as to the acceptability of proposed drainage, erosion and sediment control measures both during construction phases and after completion. All easements deemed necessary to maintain either natural or man-made stormwater drainage, erosion and/or sediment control measures shall be provided and plotted accordingly on the final plat.

E. All subdivisions on parcels greater than 10 acres in size and located within designated watersheds may be required to provide a soil and water conservation plan and/or site development and/or construction best management practices to the Planning Board.

F. All construction activity greater than one acre in area is required to comply with federal and state regulations as set forth in the SPDES general permit for stormwater discharge from construction activity (GP-02-01).