WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of April 2008 a Local Law entitled “A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold” now, therefore, be it
RESOLVED 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 20th day of May 2008 at 4:45 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 a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold” reads as follows:
LOCAL LAW NO.___of2008
“A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold”.
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1:Legislative Intent
The Town Board finds that the construction of docks in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound impairs the Town’s unique environment and ecology.The construction of docks in these waters results in environmental and physical degradation including, but not limited to, impacts to vegetation, water quality, marine life and benthic communities.Docks have the effect of impeding the public access and use of waters and shorelines, affecting navigation of vessels and creating negative aesthetic impacts.
The Town Board finds that it is necessary to temporarily suspend the approval process for new docks in these waters, in order to comprehensively review the current code provisions and recent scientific studies. The Town Board expects to prepare legislation to address when, and under what circumstances, docks may be permitted in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound.
Section 2:Enactment of a Temporary Moratorium
Chapter 275
§275-17 Temporary Moratorium
A. For a period of one hundred and eighty (180) days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect:
1)The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any new dock (as defined in Chapter 275) proposed to be located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound;
2)The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any extension or addition to any existing dock (as defined in Chapter 275) located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound.
B. APPLICATION
1)This Local Law shall apply to ALL (new or pending) applications for a Chapter 275 permit from the Board of Trustees of the Town of Southold for any new or existing dock (as that term is defined in Chapter 275).
C. EXCLUSIONS
This Local Law shall not apply to:
1)the ordinary and usual maintenance or repair, in-place, of a presently existing dock that has been issued a permit by the Board of Trustees.
D. CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of Chapter 275 of the Southold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority. Inparticular, this local law supercedes Southold Town Code Chapter 275 sections 275-5 and sections 275-7 through 11, to the extent that these sections require the Board of Trustees to act upon, hold hearings on, and make decisions concerning applications.
E. APPEALS PROCEDURE
The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate an extraordinary hardship.To grant such a request the applicant must file with the Town Board and the Board of Trustees supporting documentation.
Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $50.00 dollars for the processing of the application.The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or without conditions.Final approval is reserved to the absolute legislative discretion of the Town Board.
Section 3: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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 4:EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
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