Southold Local Law Amendments re: Seaplanes/Resolution Adopted

LEGAL NOTICE
NOTICE OF PUBLIC HEARING 

NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23rd day of August, 2022, a Local Law entitled “A Local Law in relation to Amendments to Chapters 280-111 entitled Prohibited uses in all districts” and

NOTICE IS HEREBY GIVEN  that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 4th day of October, 2022 at 7:01 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 Chapters 280-111 entitled Prohibited uses in all districts” reads as follows:

LOCAL LAW NO.      2022

A Local Law entitled, “A Local Law in relation to Amendments to Chapters 280-111 entitled Prohibited uses in all districts”.

Resolution Adopted OCT22

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

  1. Purpose.

It has been determined by the Town Board that in order to protect the health and safety as well as maintain the quality of life for the residents of the Town of Southold it is necessary to regulate the landing, takeoff or loading of seaplanes on the waters within the jurisdiction of the Town of Southold. Accordingly, amendments to Chapter 280 are warranted.

  1. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
  • 280-111 Prohibited uses in all districts.

[Amended 11-24-1992 by L.L. No. 26-1992; 8-8-2006 by L.L. No. 7-2015; 8-25-2015 by L.L. No. 7-2015]

  1. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies.
  2. Artificial lighting facilities of any kind which create glare beyond lot lines.
  3. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch.
  4. The following processes:

(1)           Nitrating of cotton or of other materials.

(2)           Milling or processing of flour.

(3)           Magnesium foundry.

(4)           Reduction, refining, smelting and alloying metal or metal ores.

(5)           Refining secondary aluminum.

(6)           Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil.

(7)           Distillation of wood or bones.

(8)           Reduction and processing of wood pulp and fiber, including paper mill operations.

  1. Operations involving stockyards, slaughterhouses and slag piles.
  2. Storage of explosives.
  3. Quarries.
  4. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands.
  5. Encumbrances to public roads.

(1)           No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance or hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties.

(2)           No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of-way or sidewalk that unreasonably interferes with the public’s use of the public highway, roadway, right-of-way or sidewalk.

  1. Transient rental properties. [Amended 12-14-2021 by L.L. No. 22-2021; 1-18-2022 by Res. No. 2022-117]
  2. Aircraft prohibited. [Added 7-31-2018 by L.L. No. 9-2018]

(1)  Helicopters prohibited. No person, firm or corporation, except those with prior valid approvals, shall land or cause to be landed, take off or cause to take off or taxi any helicopter on or from the waters, beaches or on any land within the Town of Southold.

(2)  Seaplanes prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off or taxi any seaplane on or from the waterways under the jurisdiction of the Town of Southold Board of Trustees.

Seaplanes prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off, taxi, or emplane or deplane any seaplane on or from Town beaches and waterways, trustee waters and beaches, Town waters, Town docks, and/or floats.

(3)  This subsection shall not apply to Town-owned airfields, medical or police emergency landings and takeoffs or aircraft involved in medical or military emergencies, or aircraft involved in operations involving public health and safety.

(4)  This subsection shall not apply to the use of aircraft as an accessory use to agricultural production as set forth in § 280-13C(12).

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.

  1. EFFECTIVE DATE

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

DATED, August 23, 2022

BY ORDER OF THE SOUTHOLD TOWN BOARD
Denis Noncarrow
SOUTHOLD TOWN CLERK

Printable Sea Planes Hearing Notice

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