Public Notice: Town of Southold - Hearing on local law re wetlands and shoreline

Event Date: 
Tue, 05/09/2017 - 7:32pm - 8:32pm

LEGAL NOTICE

NOTICE OF PUBLIC HEARING

 

NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th  day of March, 2017, a Local Law entitled “A Local Law in relation to Amendments to Chapter 275 Wetlands and Shorelines and Chapter 280 Zoning”. AND

 

NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 9th day of May, 2017 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard.

 

The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 275 Wetlands and Shorelines and Chapter 280 Zoning” reads as follows:

 

LOCAL LAW NO.      2017

 

A Local Law entitled, “A Local Law in relation to Amendments to Chapter 275 Wetlands and Shorelines and Chapter 280 Zoning”.

 

BE IT ENACTED by the Town Board of the Town of Southold as follows:

 

Article I. General Provisions

§275-2 Definitions

 

BANK            - Land incline adjoining a body of water, wetland and/or beach.

 

BLUFF - Land presenting Any bank or cliff with a precipitous or steeply sloped face adjoining a

beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward

natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low

water. The landward limit is 25 feet landward of the receding edge or, in those cases where there

is no discernible line of active erosion, 25 feet landward of the point of inflection on the top of

the bluff. The point of inflection is that point along the top of the bluff where the trend of the

land slope changes to begin its descent to the shoreline.  For the purposes of this chapter, a precipitous or steeply sloped face shall be a face with a slope of 20% or greater and a height of greater than 20 10 feet between from the toe of the bluff and the top of the bluff.

 

TOP OF BLUFF -  The receding edge of the bluff or, in those cases where there is no discernable line of active erosion, the point of inflection.  The point of inflection is that point where the trend of the land slope changes to begin its descent to the shoreline.

 

TOE OF BLUFF - The waterward limit of a bluff where the trend of the land slope changes to begin its ascent towards the top of the bluff.  Where a hardened structure is in place, the toe of the bluff shall be the bottom of the seaward side of the structure.

 

§ 275-3. Findings; purpose; jurisdiction; setbacks.

Jurisdiction. The following areas are subject to protection under Chapter 275 of the Code of Southold.

(1)       Any freshwater wetland, tidal wetland, beach, bank, bluff, dune, flat, marsh, swamp, wet

            meadow, bog, or vernal pool;

(2)       Any creek, estuary, stream, pond, canal, or lake;

(3)       Land under water;

(4)       Land subject to tidal action;

(5)       Land within 100 feet of the areas listed above;

(6)       All Town waters.

 

Chapter 280. Zoning

Article XXII. Supplementary Regulations

 

280-116. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-1993; 12-15-2015 by L.L. No. 9-2015]

 

Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings or structures located on lots adjacent to water bodies and wetlands:

 

            A.        Lots adjacent to a bluff as defined in Chapter 275 of the Southold Town Code

                        along the following bodies of water; Long Island Sound, Fishers Island Sound,

                        Block Island Sound, Gardiners Bay, and Peconic Bay.

                        (1)       All buildings or structures located on lots upon which there exists a bluff

                                    landward of the shore or beach shall be set back not fewer than 100 feet

                                    from the top of such bluff.

                        (2)       Except as otherwise provided in Subsection A(1) hereof, all buildings or

                                    structures located on lots adjacent to sounds shall be set back not less than

                                    100 feet from the ordinary high-water mark of said sound.

                        (23)     Buildings or structures which are proposed landward of existing principal

                                    dwellings shall be exempt from the requirements set forth in Subsection

                                    A(1) hereof.

            B.        All buildings or structures located on lots upon which a bulkhead, concrete wall,

                        riprap or similar structure exists and which are adjacent to tidal water bodies other

                        than sounds shall be set back not less than 75 feet from the bulkhead. The

                        following exceptions will apply:

                        (1)       Buildings which are proposed landward of existing buildings.

                        (2)       Lands which are not bulkheaded and are subject to a determination by the                                       Board of Town Trustees under Chapter 275, Wetlands and Shoreline, of

                                    the Code of the Town of Southold.

                        (3)       Docks, wharves, pilings, boardwalks, stairs, promenades, walkways and

                                    piers, which are accessory and separate from existing buildings or

                                    accessory structures.

            C.        All buildings and structures located on lots adjacent to any freshwater body shall                           be set back not less than 75 feet from the edge of such water body or not less than                   75 feet from the landward edge of the freshwater wetland, whichever is greater.

                        The following exception will apply:

 

                        (1)       Lands which are not bulkheaded and are subject to a determination by the

                                    Board of Town Trustees under Chapter 275, Wetlands and Shoreline, of

                                    the Code of the Town of Southold

 

 

III.       SEVERABILITY

If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

 

IV.       EFFECTIVE DATE

This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.

 

Dated:  March 21, 2017                                  BY ORDER OF THE TOWN BOARD

                                                                        OF THE TOWN OF SOUTHOLD

                                                                                    Elizabeth A. Neville

                                                                                    Southold Town Clerk

 

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