This chapter will be known as the "Town of Southold
Local Waterfront Revitalization Program (LWRP) Consistency Review
Law."
As used in this chapter, the following terms
shall have the meanings indicated:
ACTIONS
Include all the following, except minor actions:
A.
Projects or physical activities, such as construction
or any other activities that may affect natural, man-made or other
resources in the coastal area or the environment by changing the use,
appearance or condition of any resource or structure, that:
(1)
Are directly undertaken by an agency; or
(2)
Involve funding by an agency; or
(3)
Require one or more new or modified approvals,
permits, or review from an agency or agencies;
B.
Agency planning and policy-making activities
that may affect the environment and commit the agency to a definite
course of future decisions;
C.
Adoption of agency rules, regulations and procedures,
including local laws, codes, ordinances, executive orders and resolutions
that may affect coastal resources or the environment; and
D.
Any combination of the above.
AGENCY
Any board, agency, department, office, other body, or officer
of the Town of Southold.
COASTAL AREA
That portion of New York State coastal waters and adjacent
shorelands as defined in Article 42 of the Executive Law which is
located within the boundaries of the Town of Southold, as shown on
the coastal area map on file in the office of the Secretary of State
and as delineated in the Town of Southold Local Waterfront Revitalization
Program (LWRP). In Southold this area is inclusive of the entire Town.
COASTAL ASSESSMENT FORM (CAF)
The form used by an agency to assist in determining the consistency
of an action with the Local Waterfront Revitalization Program.
CONSISTENT
The action will fully comply with the LWRP policy standards,
conditions and objectives and, whenever practicable, will advance
one or more of them.
DIRECT ACTIONS
Actions planned and proposed for implementation by an agency,
such as, but not limited to, a capital project, rule making, procedure
making and policy-making.
ENVIRONMENT
All conditions, circumstances and influences surrounding
and affecting the development of living organisms or other resources
in the coastal area.
LANDSCAPED BUFFER
A land area of a certain length and width which is planted
with indigenous, drought-tolerant vegetation similar to that found
within the immediate proximity of the parcel. Vegetation shall be
installed in sufficient densities to achieve 95% ground cover within
two years of installation. Survival of planted vegetation shall be
90% for a period of three years. Maintenance activities within the
buffer are limited to removing vegetation which is hazardous to life
and property, trimming tree limbs up to a height of 15 feet to maintain
viewsheds, replanting of vegetation and establishing a four-foot-wide
access path constructed of pervious material for access to the water
body.
[Added 12-15-2009 by L.L. No. 15-2009]
LOCAL WATERFRONT REVITALIZATION PROGRAM or LWRP
The Local Waterfront Revitalization Program of the Town of
Southold, approved by the Secretary of State pursuant to the Waterfront
Revitalization of Coastal Areas and Inland Waterways Act (Executive
Law, Article 42), a copy of which is on file in the Office of the
Clerk of the Town of Southold.
MINOR ACTIONS
Include the following actions, which are not subject to review
under this chapter:
[Amended 6-6-2009 by L.L. No. 7-2006; 12-15-2009 by L.L. No. 15-2009]
A.
Maintenance or repair involving no substantial changes in an
existing structure or facility;
B.
Replacement, rehabilitation or reconstruction of a structure
or facility, in kind, on the same site (inplace), including upgrading
buildings to meet building or fire codes, except for structures in
areas designated by the Coastal Erosion Hazard Area (CEHA) law where
structures may not be replaced, rehabilitated or reconstructed without
a permit and shoreline erosion control structures (including, but
not limited to, groins, jetties, bulkheads, filled piers) located
within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog
Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove,
Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound
and Block Island Sound (excluding all creeks);
C.
Repaving or widening of existing paved highways not involving
the addition of new travel lanes;
D.
Street openings and right-of-way openings for the purpose of
repair or maintenance of existing utility facilities;
E.
Maintenance of existing landscaping or natural growth that is
not located within 100 feet of the boundary of a natural protective
feature or within significant coastal fish and wildlife habitat areas;
F.
Granting of individual setback, lot line and lot area variances,
except in relation to a regulated natural feature or a bulkhead or
other shoreline defense structure or any activity within the CEHA;
G.
Minor temporary uses of land having negligible or no permanent
impact on coastal resources or the environment;
H.
Installation of traffic control devices on existing streets,
roads and highways;
I.
Mapping of existing roads, streets, highways, natural resources,
land uses and ownership patterns;
J.
Information collection including basic data collection and research,
water quality and pollution studies, traffic counts, engineering studies,
surveys, subsurface investigations and soils studies that do not commit
the agency to undertake, fund or approve any action;
K.
Official acts of a ministerial nature involving no exercise
of discretion, including building where issuance is predicated solely
on the applicant's compliance or noncompliance with the relevant
local building code;
L.
Routine or continuing agency administration and management,
not including new programs or major reordering of priorities that
may affect the environment;
M.
Conducting concurrent environmental, engineering, economic,
feasibility and other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action, provided
those activities do not commit the agency to commence, engage in or
approve such action;
N.
Collective bargaining activities;
O.
Investments by or on behalf of agencies or pension or retirement
systems, or refinancing existing debt;
P.
Inspections and licensing activities relating to the qualifications
of individuals or businesses to engage in their business or profession;
Q.
Purchase or sale of furnishings, equipment or supplies, including
surplus government property, other than the following: land, radioactive
material, pesticides, herbicides, storage of road de-icing substances,
or other hazardous materials;
R.
Adoption of regulations, policies, procedures and local legislative
decisions in connection with any action on this list;
S.
Engaging in review of any part of an application to determine
compliance with technical requirements, provided that no such determination
entitles or permits the project sponsor to commence the action unless
and until all requirements of this chapter have been fulfilled;
T.
Civil or criminal enforcement proceedings, whether administrative
or judicial, including a particular course of action specifically
required to be undertaken pursuant to a judgment or order, or the
exercise of prosecutorial discretion;
U.
Adoption of a moratorium on land development or construction;
V.
Interpreting an existing code, rule or regulation;
W.
Designation of local landmarks or their inclusion within historic
districts;
X.
Emergency actions that are immediately necessary on a limited
and temporary basis for the protection or preservation of life, health,
property or natural resources, provided that such actions are directly
related to the emergency and are performed to cause the least change
or disturbance, practicable under the circumstances, to coastal resources
or the environment. Any decision to fund, approve or directly undertake
other activities after the emergency has expired is fully subject
to the review procedures of this chapter;
Y.
Local legislative decisions such as rezoning where the Town
Board determines the action will not be approved;
Z.
Split rail fences or fences used to control nuisance wildlife
that do not interfere with the public's rights of passage along
the foreshore;
AA.
Removal of a structure greater than 75 feet from a wetland;
BB.
Additions to an existing dwelling constituting less than 25%
of the existing structure where the addition is greater than 75 feet
from a natural protective feature, except where the parcel is located
in a coastal erosion hazard area;
CC.
Structures less than 250 square feet in size that are accessory
to existing permitted primary structures, and which accessory structures
are greater than 50 feet from a boundary of a natural protective feature
and freshwater or tidal wetlands;
DD.
Construction or improvements of pervious residential driveways,
parking areas or walkways greater than 50 feet from a tidal or freshwater
wetland;
EE.
Upgrades to existing fuel tanks, provided that erosion control
measures are implemented;
FF.
Cutting phragmites to greater than 12 inches and vegetative
restoration, provided that native wetland vegetative species are not
affected or disturbed in any manner;
GG.
Within all Town creeks, replacement of existing bulkhead on
the applicant's property in the same location with a silt curtain
deployed prior to and during construction;
HH.
Lot line changes, provided that the lot line change will not
permit new development that may have undue adverse impacts on wetlands,
tidal waters or natural protective features;
II.
Additions to an existing building or rebuilt residential structure
which results in no net increase in ground area coverage, except where
the parcel is located in a coastal erosion hazard area;
JJ.
Construction or installation of drainage improvements for the retention of storm water runoff in accordance with Chapter
236.
NATURAL PROTECTIVE FEATURE
A nearshore area, beach, bluff, primary dune, secondary dune
or wetland and their vegetation.
[Added 12-15-2009 by L.L. No. 15-2009]
NATURAL VEGETATED BUFFER
A land area of a certain length and width where existing
vegetation occurs prior to the commencement of any grading or clearing
activity. Vegetation shall be maintained to achieve a minimum percentage
of ground cover of 95%. To achieve the percentage of ground cover,
indigenous, drought-tolerant vegetation shall be planted. Survival
of planted vegetation shall be 90% for a period of three years. Maintenance
activities within the buffer are limited to removing vegetation which
is hazardous to life and property, trimming tree limbs up to a height
of 15 feet to maintain viewsheds, replanting of vegetation and establishing
a four-foot-wide access path constructed of pervious material for
access to the water-body.
[Added 12-15-2009 by L.L. No. 15-2009]
NEW YORK SCENIC BYWAY (NORTH FORK TRAIL)
All that portion of the state highway system known as State
Route 25 in the Town of Southold, Suffolk County, beginning at the
boundary between the Town of Riverhead and the Town of Southold, continuing
northeasterly to Orient Point and to the end of State Route 25, and
all that portion of the local highway system known as Sound Avenue
beginning at the boundary between the Town of Riverhead and the Town
of Southold continuing easterly to the overlap of Sound Avenue and
County Route 48 and continuing along County Route 48 generally northeasterly
to the intersection of County Route 48 and State Route 25 north of
the Village of Greenport, Suffolk County.
[Added 12-15-2009 by L.L. No. 15-2009]
NUISANCE WILDLIFE
Wildlife that is destructive and capable of damaging property
such as buildings, crops, pets, livestock, gardens, or public areas.
Wildlife may threaten human health or safety by spreading diseases,
through direct attacks, or accidentally.
[Added 12-15-2009 by L.L. No. 15-2009]
PERVIOUS NONTURF BUFFER
A land area of a certain height and width comprised of sand,
stone or permeable pavers arranged in such a manner to allow for maximum
percolation of stormwater runoff into the soil.
[Added 12-15-2009 by L.L. No. 15-2009]
PRIORITY WATER BODY
A water body within the jurisdictional boundaries of the
Town of Southold listed by the New York State Department of Environmental
Conservation on the Water Body Inventory/Priority Water Bodies List,
as amended.
[Added 12-15-2009 by L.L. No. 15-2009]
SIGNIFICANT FISH AND WILDLIFE HABITAT
Those habitats which are essential to the survival of a large
portion of a particular fish or wildlife population; support rare
or endangered species; are found at a very low frequency within a
geographic area; support fish or wildlife populations having significant
commercial or recreational value; or that would be difficult or impossible
to replace.
[Added 12-15-2009 by L.L. No. 15-2009]
The Town Building Inspectors, Town Attorney,
Code Enforcement Officers and Police Department/Bay Constables shall
be responsible for enforcing this chapter. No action within the Southold
coastal area which is subject to review under this chapter shall proceed
until a written determination has been issued from the designated
agency that the action is consistent with the Town's LWRP policy standards.
In the event that an activity is being performed in violation of this
chapter or any conditions imposed thereunder, the Building Inspector
or any other authorized official of the Town shall issue a stop-work
order and all work shall immediately cease. No further work or activity
shall be undertaken on the project so long as a stopwork order is
in effect.