We, the Board of Trustees of the Town of Southampton, have accepted
a tremendous responsibility as the stewards and managers of Southampton's
waters and the products of Southampton's waters. In the face of population
growth, increasing land values, growing financial pressures and the
attraction by both residential and commercial development along Southampton's
waterfront, the Board of Trustees must now develop a strategy and
management plan for Southampton's waterfront and coastal areas. The
following draft proposal targets access areas, docking facilities
(both residential and commercial), coastal and fresh water management
and protection areas. The task, which will not be easy, is to initiate
and enact legislation, which will both protect Southampton's natural
resources and shorefront while maintaining Southampton citizens' rights
of ownership of the property owner.
The Board of Trustees should follow and extend the general policy
of zoning of the Town of Southampton by adopting legislation which
is consistent with a "hamlet" approach. By this approach, it is intended
to explore and concentrate marina and docking facilities within the
Town of Southampton where the upland zoning permits this activity
and development. Residential areas should not be subject to any further
commercialized use or development along Southampton's waterfront.
Commercial areas should accommodate affordable marinas and/or mooring
areas, which can accommodate commercial boats (which typically are
over 30 feet long), suitable "haul out" areas and dock space for storage.
Mooring areas should be considered and/or reevaluated to ensure that
all moorings are being property utilized and that future mooring fields
are considered to accommodate any future demand.
A.
The
Board of Trustees of the Freeholders and Commonalty of the Town of
Southampton is extremely concerned about the effect of CCA and other
harmful chemicals leaching into the ground and waters of the Town
of Southampton. As such, all Trustee-regulated structures must be
constructed of untreated materials that do not employ chemicals or
petroleum products to prevent decay or borer damage. All lumber used
for docks/bulkheading shall not contain:
B.
The
Board of Trustees mandates that lumber must be untreated; however,
alternatives to wood may be used, such as vinyl, recycled plastic,
plastic composites and rubber (Durabond). (3/3/2008 meeting)
A.
Profiles
of docks should be site specific, but the Board should always follow
a strict policy for visual and aesthetic protections of Southampton's
waterfront.
B.
Elevations
should not exceed more than 26 inches over the water to the top of
deck.
C.
Handicap
accessible specifications will be site specific and supersede any
proposed specifications in order to insure and provide easy handicap
access.
D.
Site-specific
elements such as shore edge types and inshore natural landscapes should
govern specifications.
E.
No
chemically treated wood or preservatives may be used for the construction
of docks, bulkheads or pilings in the Town of Southampton.
A.
Permit
required for ocean beach events.
(1)
No individual, partnership, corporation, limited-liability company,
or other entity or organization shall hold or conduct an event within
the ocean beach area unless a beach event permit has been issued by
the Board of Trustees.
B.
Application
and approval.
(1)
In the case of an event involving a group of 50 or more persons,
the application for a beach event permit shall be filed with the Board
of Trustees at least 30 days prior to the proposed date of the event.
(2)
In determining whether to issue a beach event permit, the Board of
Trustees may consider and impose reasonable conditions which shall
constitute "beach event permit conditions." These considerations may
include but not be limited to the consideration of the following:
the size of the property in relation to the number of persons expected
to attend the gathering, the frequency of the special event, and whether
it constitutes a use of the property compatible with its character
or that of the surrounding area.
(3)
Permits issued by the Board of Trustees are not transferable and
shall expire at the designated time for the close of the event for
which it is issued.
(4)
Terms and conditions of permit. The issuance of a permit shall be
deemed an approval of the application and shall require the applicant
to undertake all actions proposed in the application for the control
of traffic, parking, noise, lighting, refuse and the like. The event
shall be subject to any other terms or conditions imposed in the permit,
in any resolution of the Board of Trustees approving the permit or
in any permit obtained from other applicable Town departments designated
by the Board of Trustees.
(5)
Privilege. The granting of a beach event permit by the Board of Trustees
is a privilege and not a right and may be denied in the event the
applicant fails to comply with any applicable provision of this chapter
or for any other reason not prohibited by law.
(6)
An application for a beach event permit shall be accompanied by an
application fee in an amount to be determined by the Board of Trustees
which may be established and modified from time to time by resolution.
(7)
A beach event permit issued by the Board of Trustees shall be displayed
in clear view at the event.
(8)
Required applications must be submitted and approvals obtained from
any other regulatory entities, including but not limited to the Town
of Southampton.
C.
Piping
plover and least tern monitoring.
(1)
An on-site inspection must be conducted for any beach event permit
application where the proposed event site is in proximity of piping
plovers or least tern. Such an inspection and evaluation will reveal
whether special conditions must be included with the permit and whether
a monitor is necessary in order to preserve the integrity of the habitat
and nesting sites.
(2)
The amount for initial inspection fees and monitor fees shall be
determined by the Board of Trustees, which fees may be established
and modified from time to time by resolution.
D.
Rules
and regulations; permit conditions.
(1)
The Board of Trustees may establish from time to time by resolution
rules and regulations for events within the ocean beach area.
(2)
Such rules and regulations shall be deemed to be event permit conditions,
and any violation of such rules and regulations shall be deemed a
violation of this section.
E.
Trespassing;
liability; compliance with other regulations.
(1)
Issuance of a beach event permit shall not be construed as authorizing
any person to trespass upon real property.
(2)
Issuance of a beach event permit shall not be construed as imposing
any liability on the Board of Trustees for any personal injury or
property damage which may be sustained by any person attending the
event.
(3)
Issuance of a beach event permit shall not be construed as creating
any duty owed by the Board of Trustees to any person attending the
event.
(4)
Issuance of a beach event permit shall not be construed as authorizing
violations of any provision of the Town Code of the Town of Southampton
or any applicable Village Code.
[7/7/2010 meeting]
The Trustees will allow lifts and floats for personal watercrafts.
Because a personal watercraft can't be docked as other boats, there
are special concerns, especially the corrosion problem.
A.
An
application must be filed with the Trustees' office for each float/lift/hoist.
B.
Copy
of personal watercraft registration and proof of residency must be
submitted with application.
C.
If
a personal watercraft float/lift/hoist is to be attached to an existing
dock or bulkhead, a copy of the dock or bulkhead permit must be included
with the application.
D.
Location.
A personal watercraft float/lift/hoist must be attached as close to
the dock at the seaward end as possible but not extending past the
seaward end. (A drawing showing the location of the float/lift/hoist
must be included with the application.)
E.
An
application fee of $250 will be charged for original processing and
must be submitted each time a permit is renewed.
F.
The
float/lift/hoist with the personal watercraft attached must not extend
over the ten-foot setback from the extended property lines.
G.
Each
application for a personal watercraft float/lift/hoist will be reviewed
by the Trustees.
H.
The
maximum size of a single personal watercraft float will be six feet
by 14 feet. (No doubles allowed.)
I.
Personal
watercraft floats will be considered part of the personal watercraft.
J.
Personal
watercraft float/lift/hoists are limited to two at any residential
dock. (The two- boat limit includes personal watercraft and remains
in effect.)
K.
Personal
watercraft floats need at least 18 inches of water at MLW or a hoist/lift
will be required at the site.
L.
Use
of personal watercraft float/lift/hoists is seasonal in nature and
may not have the PWC on it year-round, only between April 1 and December
1.
M.
Each
float/lift/hoist is limited to one personal watercraft only. Floats
may not be combined.
N.
Personal
watercraft float/lift/hoists permitted under this permit must be attached
to the dock or bulkhead.
O.
Permits
must be renewed every three years.
P.
Float/lift/hoists
must have the Trustee permit number and the PWC registration number
in easy view, using a contrasting color. (You may use a display plate
or plaque for this, if desired.)
A.
The
Board shall consider a seven-day permit process (expedited) for the
repair of dock facilities in kind and in place of a permitted structure.
It will be at the Board's discretion and be regulated under site-specific
conditions. Any additional proposed improvements will be considered
a new application and be processed accordingly.
[Amended 6-7-2021 by Res. No. 2021-139]
B.
Minor
repair work (under 10%) may be done without filing for a new permit,
upon issuance of written permission by the Board.
[Amended 6-7-2021 by Res. No. 2021-139]
C.
Filing
for repairs of storm-damaged structures.
(1)
(2)
Dock/walkway/stair repair (permit issued after 2002):
(a)
Docks will be allowed to be repaired without a new permit only if
the homeowner submits a letter to the Board requesting permission
to repair the existing structure.
(b)
The Trustees will send a letter of permission to the homeowner allowing
reconstruction to be done. A new permit will not be issued.
(d)
Only untreated lumber is allowed to be used for any repairs or reconstruction
(despite what the previous permit stated).
