A.
Permit required. Notwithstanding any prior course of conduct or permission granted, no person shall conduct operations on any area within Trustee jurisdiction (§ 275-3C) without first obtaining a written permit therefor issued by the Trustees as hereinafter provided and only while such permit remains in effect.
B.
Administrative permit.
[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]
(1)
The administrative permit review process is intended to provide for expedited review of projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by § 275-3 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas, applicants may request an administrative permit review. This review does not relieve the applicant of providing all the application requirements (§ 275-6) or obtaining permits from other jurisdictions, including, but not limited to, the New York State Department of Environmental Conservation and the United States Army Corps of Engineers.
(2)
The following operations will be considered for administrative review, in accordance with the standards set forth in § 275-11:
(a)
Construction, installation or removal of a split
rail fence, open arbor, trellis or other similar structure, provided
that such operation will not have an undue adverse impact on the wetlands
and tidal waters of the Town. Concrete footings are not permitted
within wetlands.
(b)
Removal of any material or structure, provided
that a project limiting fence and a silt fence with hay bales is installed
to contain disturbance if deemed necessary and provided that such
operations will not have an undue adverse impact on the wetlands and
tidal waters of the Town.
(c)
Construction of additions to the landward side
of an existing functional single-family dwelling, where such dwelling
generally lies parallel to the wetland boundary and provided that
all new and existing runoff is captured on site. Such addition must
be less than or equal to 25% of the area (footprint) of the existing
structure.
(d)
Remodeling or renovation of a wetlands-permitted
structure, provided that such activity will not have an undue adverse
impact on the wetlands and tidal waters of the Town.
(e)
Construction of accessory structures for existing
single-family dwellings, provided that such activity will not have
an undue adverse impact on the wetlands and tidal waters of the Town
and the setback is no less than 50 feet.
(f)
Construction or improvement of pervious residential
driveways or walkways, provided that such activity will not have an
undue adverse impact on the wetlands and tidal waters of the Town.
(g)
Construction or installation of drainage structures
for the retention of runoff, provided that such structures incorporate
the maximum feasible setback from wetlands and provided that such
activity will not have an undue adverse impact on the wetlands and
tidal waters of the Town.
(h)
Cutting of common reed (Phragmites australis)
to within 12 inches of the soil surface landward of the wetland boundary.
This does not include mowing to ground level.
(i)
The construction of a permitted bulkhead, as per § 275-11, which is to replace an existing functional bulkhead, subject to the following:
(j)
Minor changes to existing, valid Trustee permits.
The Trustees reserve the right to determine whether the changes qualify
for administrative review.
(k)
Minor restoration or alterations of landscaping.
(l)
Decks.
(m)
Minor
alterations to existing wetlands-permitted shoreline structures, including
stairs, bulkheads and docks.
(n)
Dredging
work necessitated by the accumulation of silt from runoff or other
circumstances not the result of activity by or on behalf of the owner
of the property.
(o)
An
application for proposed aquaculture activity that includes surface-mounting
gear in an area greater than five square yards.
(p)
Deer
fences, if located a minimum of 25 feet landward of the wetland boundary
line or bulkhead line, whichever designated line is most landward.
Under no circumstances are deer fences permitted in a nondisturbance
area.
C.
Emergency permits. The Trustees may issue a temporary emergency permit where specific exigent circumstances exist that may result in personal or property loss or damage. Upon expiration of temporary permit or before the date of expiration, the applicant must apply for a permit as set forth in §§ 275-5, 275-6 and 275-7.
[Added 3-23-2010 by L.L. No. 1-2010]
[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.
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.
A.
Presubmission conference. Applicants are encouraged
to schedule a voluntary presubmission site visit to discuss the proposed
operations with the Board. Discussions in the field are purely advisory
and nonbinding, but this meeting is intended to facilitate communication
between the applicant and the Board. There will be a fee of $50 for
this conference, which may be applied to an application fee for a
wetlands permit made within six months of the site visit and which
application involves structures that were the subject of the site
visit.
[Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.L. No. 12-2012]
B.
Investigation and coordination. Upon receipt of the
application, the office of the Trustees shall maintain the original
in the file and forward one copy thereof to each of the following
as necessary: the Conservation Advisory Council, the LWRP Coordinator,
the Stormwater Management Officer, the Planning Department, and the
Zoning Board. The Conservation Advisory Council shall review said
application and the effect, if any, on the wetlands and tidal waters
of the Town that may result from the proposed operations and shall,
within 20 days of receipt of the same, forward its written report
of findings and recommendations with respect to such application to
the Trustees. If the Conservation Advisory Council shall recommend
that such application be disapproved, the reasons for such disapproval
shall be set forth in such report. If no response is received within
20 days, the review by the Conservation Advisory Council shall be
deemed waived.
[Amended 10-9-2012 by L.L. No. 12-2012]
C.
All paperwork relative to an application shall be
submitted at least seven days before the scheduled hearing. The submittal
of additional paperwork after this time may result in delays in processing
of the application.
D.
Hearing. The Trustees shall hold a public hearing on such application. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings, of the Town Code.
E.
Action. After the public hearing on such applications, the Trustees shall either adopt a resolution directing the issuance of a permit or adopt a resolution denying the application. A resolution directing the issuance of a permit may be adopted only if the Trustees find that the proposed operations will conform to the standards set forth in § 275-11 hereof. If the Trustees adopt a resolution denying an application for a permit, the reasons for such denial shall be set forth in the resolution.
F.
Modifications and amendments. Any and all modifications
and amendments of existing permits shall be reviewed by the Trustees
in accordance with the standards set forth in this chapter, and may
be subject to public hearing.
G.
Tabled applications. If an applicant tables an application
for any reason, it will be considered withdrawn if it does not go
to public hearing within four months of the time it was tabled. After
such time the applicant will have to reapply for a permit.
H.
Administrative permits. An administrative permit includes
operations that are deemed to have no adverse environmental impact,
and a public hearing and notice are not required prior to issuance
of a permit.
[Amended 3-23-2010 by L.L. No. 1-2010; 10-9-2012 by L.L. No.
12-2012]
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:
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."
A.
General. The following standards are required for
all operations within the jurisdiction of the Trustees:
(1)
Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept on site through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees and must, in any event, comply with the requirements of Chapter 236. See also § 275-6A(14) for requirements.
[Amended 10-9-2012 by L.L. No. 12-2012]
(2)
Erosion control. Installation of an erosion control
structure is necessary during any building, grading, landscaping or
site work activity within Trustee jurisdiction. This structure may
include, but is not limited to, installation of a silt fence, hay
bales, wood chip berm and silt booms. The placement of the erosion
control structure(s) shall be determined by the Trustees or their
designee. All intertidal construction and excavation requires the
installation of a silt boom that will retain all suspended sediments
within the immediate project area.
(3)
New and remodeled homes. New and remodeled homes cannot
be situated or modified such that they project closer to the wetland
boundary than the mean seaward projection of homes in the general
vicinity and on either side of the subject lot.
[Amended 10-9-2012 by L.L. No. 12-2012]
(4)
Fences.
[Amended 10-11-2005 by L.L. No. 17-2005; 12-18-2007 by L.L. No. 23-2007; 10-9-2012 by L.L. No. 12-2012]
(a)
Trustees reserve the right to permit erection of a split-rail fence
where the applicant has shown that there is a need to protect his/her
private property.
(b)
Temporary or seasonal snow fences, at the Trustees’ discretion,
may be permitted upon a showing of need for erosion control.
(c)
Fences on a beach shall be perpendicular to the waterline and not
closer than 20 feet to the apparent high-water mark.
(d)
Only one posted sign per 100 linear feet of fence is allowed on a
split-rail fence. Posted signs shall be no larger than 12 inches by
12 inches square. Any fence, barricade or impediment to pedestrian
traffic on the beach or wetland area in violation of the provisions
of this chapter shall be removed upon written notice to the owner
of the premises upon which such fence, barricade or impediment is
located, sent by certified or registered mail. Such fence, barricade
or impediment shall be removed by the owner within 30 days of the
date of the notice. Upon failure to comply with such notice, the Building
Inspector, the Office of Code Enforcement, or a Bay Constable may
remove or cause the removal of the illegal structure.
(e)
If any fence, barricade or impediment is determined by the Building
Inspector, the Office of Code Enforcement, or a Bay Constable to create
a hazard to the health, safety or welfare of the public, such structure
may be removed and disposed of by the Town without prior notice to
the owner. Upon removal by the Town, all costs and expenses incurred
by the Town for the removal of such fence, barricade or impediment
shall be the responsibility of the owner. The Town may pursue any
and all remedies available at law to recover any unpaid costs associated
with removal, including filing a statement with the Town Assessors,
identifying the property in connection with which such expenses were
incurred and the owner thereof as shown on the latest assessment roll
of the Town. The Assessors, in preparation of the next assessment
roll, shall assess such amount upon such property. Such amount shall
be included in the levy against such property, shall constitute a
lien and shall be collected and enforced in the same manner, by the
same proceedings, at the same time and under the same penalty as is
provided by law for the collection and enforcement of real property
taxes in the Town of Southold.
(5)
Swimming pools. Applications for new pools must include
a description of how all pool drainage will be retained onsite using
dedicated drywells or similar structures. All future pool drainage
shall be discharged to this dedicated system.
(7)
Critical environmental areas. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of nondisturbance buffers.
(8)
No structures on beaches, bluffs or dunes unless approved
by the Board at its discretion based on its site inspection.
[Added 10-11-2005 by L.L. No. 17-2005]
(9)
Pumping of Town-owned freshwater wetlands for irrigation
purposes shall be prohibited.
[Added 12-18-2007 by L.L. No. 23-2007]
(10)
Access paths. A permit for only one path shall
be granted per lot for the purposes of shoreline access unless otherwise
determined by the Board of Trustees.
[Added 12-18-2007 by L.L. No. 23-2007]
B.
Shoreline structures. The following standards are
required for all operations relating to shoreline structures on residential
properties. Operations conducted on properties zoned M1 or M2 may
be given greater flexibility in these requirements given the water-dependent
nature of their use.
[Amended 10-11-2005 by L.L. No. 17-2005]
(1)
Bulkheads, retaining walls, revetments and gabions.
[Amended 12-18-2007 by L.L. No. 23-2007; 10-9-2012 by L.L. No. 12-2012]
(a)
Only in-place replacement of existing functional bulkheads (as defined in § 275-2) is permitted. In-kind replacement relates to the position and dimensions and does not necessarily require or allow for the use of the same materials. At its discretion, the Board may allow for a one-time projection of the replacement structure seaward of the original, only if such placement will not project the proposed structure seaward of adjacent, neighboring structures and if the proposed installation is in close proximity to the original structure. Any subsequent repair or replacement following the first replacement requires the structure to be built on or landward of the original structure,
(b)
Bulkheads on a sound shall only be permitted
when the likelihood of extreme erosion is demonstrated and it shall
not increase erosion on neighboring properties.
(c)
Bulkheads on a sound may be armored with stone.
(d)
All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined in § 275-2.
(e)
Retaining walls are not permitted unless excessive erosion can be
demonstrated.
(f)
In order to prevent the release of metals and other contaminants
into the wetlands and waters of Southold, the use of lumber pretreated
with any preservative, including, but not limited to, chromated copper
arsenate (also known as "CCA"), penta products, alkaline copper quaternary
(ACQ), or homemade wood preservatives is prohibited for use in sheathing
and decking on structures in the wetlands, as well as on any part
of a structure in low-tidal-flow wetland areas as determined by the
Trustees. Any use of creosote is prohibited. Preservatives of any
type, including, but not limited to, those listed above, cannot be
applied to any bulkheads, retaining walls or revetments after installation.
Encapsulated pilings or native nonchemically treated (untreated) lumber
only should be used in sensitive areas.
(g)
The use of tropical hardwoods is not permitted unless it is certified
by the Forest Stewardship Council or a similar organization.
(h)
New bulkheads in creeks and bays are prohibited, unless the operation
involves construction of a low-sill bulkhead.
(i)
No discharge pipes are allowed out of or over bulkheads unless permitted
by the Trustees.
(j)
Individual residential stairs are prohibited on bluffs in the coastal
erosion hazard area if the property is part of an association that
maintains a common stairway within a reasonable distance.
(k)
Lighting. Any and all lights associated with bulkheads, retaining
walls, stairs or poles in Trustee jurisdiction must be directed on
the subject structure and not out into the adjacent wetland, waterway
or property. Lights shall not be on unless the waterfront is in active
use.
(l)
Backfilling. Only clean sand can be used for backfilling in eroded
and excavated areas, as well as behind new and repaired bulkheads.
Garbage, asphalt, and construction and demolition materials are strictly
forbidden for use as backfill behind bulkheads.
C.
In water. The following standards are required for
all in-water operations adjacent to residential properties. Operations
conducted on properties zoned M1 or M2 may be given greater flexibility
in these requirements given the water-dependent nature of their use.
(1)
Jetties and groins; general rules.
[Amended 10-11-2005 by L.L. No. 17-2005]
(b)
Only in-place replacement of existing low-profile functional jetties and groins (as defined in § 275-2) is permitted.
(c)
Pre-backfilling of jetties and groins may be
required.
(d)
In order to prevent the release of metals and
other contaminants into the wetlands and waters of Southold, the use
of lumber treated with chromated copper arsenate (also known as "CCA"),
creosote, penta products or homemade wood preservatives is prohibited
for use in sheathing and decking. Preservatives of any type, including
but not limited to those listed above, cannot be applied to any jetty
or groin after installation.
(e)
The use of tropical hardwoods is not permitted
unless it is certified by the Forest Stewardship Council or similar
organization.
(f)
No new jetties or groins will be permitted unless
the work results in a net decrease in the total number of jetties
in the subject area.
(g)
All applicants for jetties and groins extending
across the foreshore shall be required to give and maintain a public
passing way, on the landward end of the jetty or groin, as necessary,
not less than four feet in width, to enable persons to pass and repass
over said structure by steps or a ramp allowing pedestrian passage.
[Amended 10-9-2012 by L.L. No. 12-2012]
(2)
Docks.
(a)
Standards for residential and commercial docks;
general rules. It shall be the policy of the Town of Southold that
all docks shall be designed, constructed and located so as to reduce
a dock's potential adverse impacts to navigation, public safety, waterway
congestion, access to public trust lands and water, and natural resources
and habitats. The following standards will serve as a basis for granting,
denying, or limiting permits for the construction of docks.
[1]
No dock shall be constructed, altered or removed without a permit issued by the Southold Town Trustees. In determining whether to approve such application, the Trustees shall consider the factors contained in § 275-11C(2)(d) below and all other provisions of this chapter.
[2]
All docks shall be constructed of sturdy, durable
and stable materials capable of maintaining position and location,
supporting pedestrian traffic, and resisting lateral loads resulting
from wind, wave, and impact forces. Docks shall be constructed, where
possible, to permit the free circulation of water, reduce the effects
of fluctuating water levels, and prevent adverse modification of the
shoreline. Applicants shall certify as to the structural integrity
of the dock so as not to cause a threat to the person or property
of others.
[3]
In order to prevent the release of metals and
other contaminants into the wetlands and waters of Southold, the use
of lumber pre-treated with any preservative, including but not limited
to chromated copper arsenate (also known as "CCA"), commercial copper
quat (CCQ), penta products, Alkaline Copper Quat (ACQ), or homemade
wood preservatives is prohibited for use in sheathing and decking
on structures in the wetlands as well as on any part of a structure
in low tidal flow wetland areas as determined by the Trustees. The
use of creosote is prohibited. The use of tropical hardwoods is prohibited
unless it is certified by the Forest Stewardship Council or similar
organization. Materials used for structural components shall be at
the discretion of the Trustees.
[Amended 12-18-2007 by L.L. No. 23-2007]
[4]
All docks and gangways onto such docks shall
provide a safe pedestrian surface at all times.
[5]
All docks, including any vessel tied to the
dock, shall have a minimum clearance of 15 feet of the seaward extension
of any property line from adjacent parcels so as not to interfere
with the neighbor's access to waters, unless the Trustees decide otherwise
for navigational or other reasons. Waterside boundaries can be identified
using the appropriate method for the shape of the shoreline for Long
Island waters specified in 9 NYCRR 274.5.
[6]
All docks and floats shall have the street address
of the subject premises permanently affixed to the most seaward face
for identification. Said address shall be at least three inches high
and constructed of metal, wood, plastic or other material such that
it can withstand exposure to the elements and is visible from the
water.
[Amended 10-9-2012 by L.L. No. 12-2012]
[7]
Except for structures used for water-dependent
uses, there shall be no permanent structure located on or above the
docks, ramps and floats.
[Amended 10-9-2012 by L.L. No. 12-2012]
[8]
Any application for a dock to be constructed
at the end of a right-of-way or commonly held land requires the written
consent of all parties having an interest in the right-of-way, regardless
of how property interests in the upland parcel may be divided among
the owner(s), lessee(s), occupant(s), easement holder(s), or any other
person(s) or entity(ies) with a legal or beneficial interest in any
existing or proposed docking facility.
[Amended 10-9-2012 by L.L. No. 12-2012]
[9]
All applicants for docks, including catwalks
and ramps, extending across the foreshore shall be required to give
and maintain a public passing way on the landward end of the dock,
to enable persons to pass and repass around said dock, or steps or
a ramp allowing pedestrian passage.
[Amended 3-23-2010 by L.L. No. 1-2010; 10-9-2012 by L.L. No.
12-2012]
[10]
Preexisting nonpermitted and/or nonconforming
structures cannot be replaced in kind without full review and approval
by the Trustees.
[Amended 10-9-2012 by L.L. No. 12-2012]
[11]
Personal watercraft or jet ski floats cannot
be added to any float, stairway, or dock without a Trustee permit.
Floats may not cumulatively exceed 120 square feet.
[Added 10-11-2005 by L.L. No. 17-2005; amended 10-9-2012 by L.L. No. 12-2012]
[12]
Lighting. Any and all lights associated with
docks, floats or poles must be directed on the subject structure and
not out into the adjacent wetland, waterway or property. Lights shall
not be on unless the dock is in active use.
[Added 10-11-2005 by L.L. No. 17-2005; amended 10-9-2012 by L.L. No. 12-2012]
[13]
Utilities and water. If power or water is to
be installed on a dock, plans for the installation must be provided
to the Trustees at the time of application. Installation of such amenities
on an existing permitted dock requires obtaining a permit amendment
from the Trustees.
[Added 10-11-2005 by L.L. No. 17-2005; amended 10-9-2012 by L.L. No. 12-2012]
(b)
Dock locations and lengths.
[Amended 10-11-2005 by L.L. No. 17-2005]
[1]
No dock shall be erected or extended if, in
the opinion of the Trustees, such structure would adversely affect
navigation, fisheries, shell fisheries, scenic quality, habitats or
wetland areas.
[2]
Within creeks and other narrow waterways, no
dock length shall exceed 1/3 the total width of the water body. Determination
of the length of the dock must include the dimensions of the vessel.
[3]
Prohibited locations and activities.
[a]
No new docks utilized for residential
purposes shall be permitted on the Great/Little Peconic Bay, Pipes
Cove, Southold Bay, Gardiners Bay, Shelter Island Sound, Hog Neck
Bay, Orient Harbor, Hallocks Bay or Long Beach Bay with the exception
of Fisher's Island and Robin's Island. No new docks will be permitted
on the Long Island Sound or over vegetated wetlands or such that it
causes habitat fragmentation of vegetated wetlands in the following
areas: Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond, Long
Creek (branch of Mattituck Creek, East of Grand Avenue bridge), Pipe's
Cove Creek and West Creek.
[Amended 12-18-2007 by L.L. No. 23-2007; 3-28-2023 by L.L. No. 5-2023]
[b]
Machine excavation is prohibited
in tidal or freshwater wetland areas.
[c]
Placement of fence, mesh or other
material preventing passage under docks is prohibited,
[d]
No floating docks, floats, dock
components, or boats shall be stored on tidal wetlands, other intertidal
areas or freshwater wetlands between April 1 and December 1 of each
calendar year. No duck blinds may be stored on tidal wetlands, other
intertidal areas or freshwater wetlands at any time.
[Amended 10-9-2012 by L.L. No. 12-2012]
(c)
Regulations for the placement and configuration
of docking facilities.
[1]
Residential docks.
[Amended 10-11-2005 by L.L. No. 17-2005]
[a]
Only one catwalk may be permitted
per residential lot. Only one mooring or dock may be permitted per
residential lot. Upon a showing of special need due to low water level
and hazard to property, the Trustees may permit both a mooring and
a dock for the same residential property.
[Amended 12-18-2007 by L.L. No. 23-2007]
[b]
If any part of a residential dock
structure includes a float or floating dock, the float or floating
dock portion shall be designed so that, with the exception of the
pilings:
[i]
It is no larger than six feet wide
and 20 feet long except on Fishers Island if the need is demonstrated;
or of equal square footage as determined by the Trustees;
[Amended 12-18-2007 by L.L. No. 23-2007]
[ii]
New floats will be permitted only
where there exists a minimum of 30 inches of water depth at mean low
water. No part of the floating dock will contact the bottomland during
a normal low tide.
[Amended 3-28-2023 by L.L. No. 5-2023]
[c]
In determining the permitted length
of a proposed residential dock, the Trustees shall seek to maintain
lengths consistent with the other docks (i.e., pier line) in the waterway
which meet the requirements of this chapter.
[d]
Pilings shall not project more
than three feet above the surface of a dock or catwalk unless a need
for greater height is demonstrated.
[e]
All excess fill from installation
of pilings must be removed from tidal or freshwater wetland area on
the same day as installation and disposed of in an approved upland
disposal area.
[f]
Tie-off poles associated with residential
docks will only be permitted to secure one vessel. If the dock utilizes
a float, the poles shall not project farther seaward than the outer
edge of the float. If a float is not used, the pole(s) can be situated
seaward of the end of the dock sufficient to secure the vessel.
[g]
Only one handrail is permitted
on a residential dock unless the need for two is demonstrated. Rails
shall not be higher than three feet above the surface of the dock
and posts shall not be placed closer than six feet on center or larger
than four inches by four inches in dimension.
[h]
Residential catwalks and ramps
are limited to four feet in width.
[i]
Residential boatlifts, floating
or fixed, are prohibited, except in privately owned basins on private
property at the discretion of the Board of Trustees.
[Amended 12-18-2007 by L.L. No. 23-2007]
[2]
Commercial docks (marinas, yacht clubs and restaurants).
[a]
Given the water-dependant nature
and economic benefit of properties zoned as M1 and M2, dock design
constraints and placement restrictions will be given greater flexibility
than would otherwise be allowed for residential uses.
[b]
Construction of new marinas and
additions to existing marinas shall require establishment of a pump-out
facility for vessel sanitary waste.
(d)
Review and approval of dock applications. Before
issuing a permit for a dock structure, the Trustees shall consider
whether the dock will have any of the following harmful effects:
[1]
Whether the dock will impair navigation or be
located in areas of high vessel traffic or vessel congestion;
[2]
Whether the dock will unduly interfere with
the public use of waterways for swimming, boating, fishing, shellfishing,
waterskiing and other water-dependant activities;
[3]
Whether the dock will unduly interfere with
transit by the public along the public beaches or foreshore;
[4]
Whether the dock will significantly impair the
use or value of waterfront property adjacent to or near the dock;
[5]
Whether the dock will cause degradation of surface
water quality and natural resources;
[6]
Whether the dock will cause habitat fragmentation
and loss of significant coastal fish and wildlife habitats;
[7]
Whether the dock will result in the destruction
of or prevent the growth of vegetated wetlands, seagrasses including
eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish;
[8]
Whether the dock will unduly restrict tidal
flow or water circulation;
[9]
Whether the dock will be safe when constructed;
[10]
Whether the dock will adversely affect views,
viewsheds and vistas important to the community;
[11]
Whether the cumulative impacts of a residential
and commercial dock will change the waterway or the environment and
whether alternate design, construction, and location of the dock will
minimize cumulative impacts; and
[12]
Whether adequate facilities are available to
boat owners and/or operators for fueling, discharge of waste and rubbish,
electrical service and water service.
(3)
Dredging.
(a)
Creeks.
[1]
Only maintenance dredging (as defined in § 275-2) is permitted, unless the applicant owns underwater land or the applicant is requesting permission to dredge in connection with installation of low-sill bulkheads. All maintenance dredging permits shall be valid for a period no greater than 10 years.
[Amended 12-18-2007 by L.L. No. 23-2007]
[2]
Dredging may be permitted when it can be demonstrated
that the actions of man have resulted in impairment to water quality
or habitat value.
[3]
Dredging in, or in close proximity to salt marsh
vegetation (Distichlis spicata, Spartina alterniflora or Spartina
patens) or seagrass (Ruppia maritia or Zostera marina) meadows is
prohibited.
(b)
Freshwater wetlands. Dredging of freshwater
ponds may be permitted when it can be demonstrated that such action
will restore the water body to an historic condition, improve water
quality or habitat value.
(c)
All dredging applications must demonstrate a
specific location for the deposit of dredging material.
[Added 12-18-2007 by L.L. No. 23-2007]
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:
(1)
Be in writing;
(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.
