[Added 12-2-2011 by L.L. No. 8-2011]
A. District purpose. The Town Board finds that the causeway areas are
unique in their characteristics so as to justify special district
classification and development regulation for the following reasons:
(1)
They are contiguous tracts of land with water on both sides;
(2)
They are low-lying and prone to flooding from opposite directions;
(3)
They have extremely small depth to ground water, with little
traditional upland to be devoted to development and septic with the
need to bring in fill;
(4)
They are in or adjacent to both the federal FEMA line and the
NYS Coastal Erosion Hazard Area line; and
(5)
They provide scenic benefits along a public roadway.
B. Bulk regulations.
(1)
Lot area shall be not less than 80,000 square feet, except that
for all subdivisions occurring after the date of adoption of this
section, the minimum lot area shall be not less than 200,000 square
feet.
(2)
Lot frontage shall be not less than 160 feet.
(3)
Lot coverage shall not exceed the following:
(a)
By buildings: As established by causeway wetlands permit provisions of Chapter
129.
(b)
By all impervious surfaces, including buildings: As established by causeway wetlands permit provisions of Chapter
129.
(4)
There shall be not more than one one-family dwelling per lot.
(5)
Setbacks shall be not less than the following:
(a)
Front setbacks: 50 feet for all structures.
(b)
Side and rear setbacks: 30 feet for building, including heating,
ventilation, air-conditioning units.
(6)
Building height, as defined in Chapter
133, shall not exceed 25 feet from natural grade and the natural grade may not be altered.
C. Permitted principal uses.
(1)
One-family dwellings of a size permitted under Chapter
129.
(2)
Roads, structures and/or uses owned and operated by or for the
Town of Shelter Island.
(3)
Oystering, clamming, scalloping and fishing in waters within
the boundaries of the Town of Shelter Island.
D. Permitted accessory uses.
(1)
Personal use by occupants of the premises:
(b)
Catwalk to mean high water with light permeable deck grating.
E. Special district regulations.
(1)
Activity on any portion of property lying within the Causeway Overlay District shall require a causeway wetlands permit as specified in Chapter
129.
(2)
Any preexisting nonconformity, including bulkheads and docks in the zone which lawfully exist prior to the adoption of this section, shall be treated as nonconforming and may continue subject to the rules set forth in §
133-23.
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.