Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southampton 7-22-2008 by L.L. No. 44-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 330.

§ 318-1 Legislative intent.

A. 
In 1970, the Town Board of the Town of Southampton adopted a Master Plan which states long-term planning objectives, establishes a general plan to guide both public and private development, and addresses critical community planning issues, including protection of natural resources, the provision of affordable housing, forecasting the need for improved or additional municipal facilities, sustaining the local economy, and improving transportation management.
B. 
The 1999 Comprehensive Plan Update (Update) builds upon the 1970 Master Plan, both of which identify a number of significant land use, transportation, zoning, and capital improvement strategies. The Update emphasizes that the challenge is not just in reviewing new development, but in addressing issues raised by existing development. "The objective is to make the highway business areas productive, attractive and consistent with the Town's resort image." The recommendations must, however, be applied in ways that will vary for each hamlet and business center based upon "the physical characteristics, zoning, demand, tax base and other hamlet conditions, including the priorities of local citizenry and businesses." The overall vision of the study area is "a gateway corridor with commercial concentrations instead of commercial sprawl, access and visual upgrades throughout as part of an overall Access Design and Development Management Plan for the entire County Road 39 Corridor."
C. 
To respond to this need, land adjacent to County Road 39 within the boundaries of the County Road 39 Study Area ("the Study Area"), beginning in Shinnecock Hills to the west and extending east along County Road 39 to the terminus in the hamlet of Water Mill, shall be analyzed through the County Road 39 Corridor Planning Study that will examine the cumulative and site-specific impacts of land use proposals and scenarios along the Corridor. While concentrating on the road and development adjacent to it, the study shall also consider the surrounding area within a minimum 1/2 mile of the roadway, widening to include hamlet and village centers when appropriate, as well as major development projects. In addition, CR 39 is the major conduit for traffic to and from the Town of Easthampton. Although this project will not be planning for that community, it should take into account the potential impacts of zoning and development trends there on the County Road 39 Study Area.
D. 
This study will look at the potential cumulative land uses and impact thresholds for the County Road 39 Corridor Study Area. It will identify, consolidate, confirm and update goals and objectives for the corridor, evaluating recommendations from previous planning efforts in terms of whether they have been, or have the potential to be, successfully implemented, including a comprehensive assessment of all plans for cross access. Barriers to implementation will be identified and addressed. Following a build-out analysis, the Study will also formulate and evaluate alternative rezoning scenarios, including zoning issues which are already apparent:
(1) 
The Highway Business District (HB) that governs a portion of the corridor was created in the 1960s-1970s era when strip commercial development was promoted. This zoning needs to be updated to conform to current visions for corridor development.
(2) 
The Study Area contains properties targeted by the private sector for rezoning. Other current development proposals include potential hospital relocation, a major supermarket, and a national chain bank. One project calls for redevelopment of a property with a structure of historic and architectural value.
E. 
Additional Study recommendations concerning zoning will include specific proposals for changes to districts, uses, bulk regulations, and site plan and architectural design standards which may need to vary by location along the corridor. Further land use planning and development strategies may include procedural changes, regulations for environmental protection and historic preservation, infrastructure improvements for accommodating anticipated new development, and recommendations for capital projects to improve the area's appearance and to support walking, cycling, and the use of mass transit.
F. 
The Study will also address specific large-scale projects and user populations, including the student population at SUNY Southampton and potential workforce housing project populations.
G. 
Finally, the Study will provide a detailed implementation plan that will address the cost, scheduling and funding of proposed capital improvements, as well detailing who has primary responsibility for each action and how it will be carried out.
H. 
While this Study is being conducted, the Town shall impose a twelve-month moratorium for the County Road 39 Corridor Study Area to address specific areas, including but not limited to developments of regional significance; fiscal impacts of developments and increased density proposals on school districts, transportation issues, potential impacts on designated source water recharge areas; preservation of greenspace/greenways to preserve community character; trail systems; wildland/urban interface issues, including firewise design standards, fuel break standards, etc.; roadside beautification projects, street trees; watershed planning; wetland/coastal land preservation priorities; and stormwater management issues.
I. 
The Town's efforts to support sound planning, zoning and public investment in the County Road 39 Corridor Study Area and its surrounding areas have contributed significantly to the confidence and commitment of private investors. A rational and comprehensive development, zoning, design, transportation and public investment strategy, as outlined by the Comprehensive Plan Update and more specifically resulting from this Study, will continue to contribute to these efforts.

§ 318-2 Scope of study area.

The Study Area is as depicted on a map prepared by the Town of Southampton's GIS Department, dated June 10, 2008, and named "County Road 39 Corridor Study Boundary."

§ 318-3 Statutory authority; supercession.

This chapter is adopted pursuant to the Municipal Home Rule Law and the State Environmental Quality Review Act and its implementing regulations and expressly supersedes any provisions of Chapters 247, 292 and 330 of the Town Code of the Town of Southampton and Article 16 of the Town Law of the State of New York. In particular, this chapter shall supersede those provisions of the Town Code and New York State Law which requires the Town Board, Planning Board or Zoning Board of Appeals to accept, process and approve applications within certain statutory time periods.

§ 318-4 Applicability.

No agency of the Town of Southampton shall process or approve any application for a change of zone, subdivision, site plan, variance or special exception within the study area defined in § 318-2 during this moratorium. No new applications affected by this section shall be accepted by an agency of the Town of Southampton after the effective date of this chapter, except as provided herein.

§ 318-5 Time period.

[Amended 3-24-2009 by L.L. No. 11-2009]
This chapter shall expire on March 30, 2009.

§ 318-6 Applications excluded.

A. 
The following applications are excluded from this chapter:
(1) 
Building permits for projects that have received all necessary approvals prior to the adoption of this chapter;
(2) 
Routine maintenance;
(3) 
Minor additions less than 1,000 square feet to existing structures;
(4) 
Renovations of existing structures which do not involve a change of use;
(5) 
Facade improvements;
(6) 
Building permits for single-family homes;
(7) 
Variance applications for single-family homes;
(8) 
Residential two-lot subdivisions;
(9) 
Individual setback and lot line variances;
(10) 
Permits associated with management or stewardship aspects of the Community Preservation Project Plan;
(11) 
A site plan and special exception application submitted on behalf of a nonprofit museum for educational purposes;
(12) 
Modifications to approved applications which do not involve expansion of existing structures;
(13) 
A subdivision or site plan application that has received final conditional approval from the Planning Board prior to the effective date of this chapter;
(14) 
Subdivision applications deemed by the Planning Board to be a transfer of property or resubdivision as defined in § 292-3 of the Subdivision Regulations;
(15) 
Applications to open development sections connected with Old Filed Maps;
(16) 
Accessory apartments on single and separate residential lots or in compliance with the provisions of HO/HC Zoning Districts;
(17) 
Government-initiated projects, including park development;
(18) 
A subdivision, site plan, special exception, or variance application submitted by a nonprofit religious establishment;
(19) 
A subdivision, site plan, special exception, or variance application involving a nonprofit public safety, emergency service provider;
(20) 
Planned development district applications whose zone changes have been approved by the Town Board by local law and have been referred to the Planning Board for site plan approval;
(21) 
The Southampton Fairfield, LLC, Residential Planned Development District petition (SCTM No. 900-158-2-13.1) with 30% (15) community benefit (workforce housing) units pursuant to Chapter 216;
(22) 
The Sandy Hollow Cove Residential Planned Development District petition (SCTM No. 900-111-03-24) with 100% (16) community benefit (workforce housing) units pursuant to Chapter 216;
(23) 
Any application of or on behalf of the Lobster Inn, more particularly described as SCTM No. 900-176-2-1.3 and 50, including, but not limited to, an application to the Zoning Board of Appeals for a change of use or an application to the Town Board for an amendment of the Planned Development District designation, provided that, as a condition of any approval, the necessary right-of-way is dedicated to the Town for purposes of improving East Inlet Road for safer egress pursuant to the recommendations of the Suffolk County Department of Public Works.

§ 318-7 Applications that may be exempted.

A. 
Applications requesting exemption from the moratorium will provide, at a minimum, written documentation sufficient to prove:
(1) 
That the proposed project in no way interferes with the intent of the Corridor Study.
(2) 
That the proposed project is compatible with the recommendations of the 1970 Master plan and 1999 Comprehensive Plan Update.
(3) 
That there is minimal or no environmental impact on wetlands, endangered plant and animal species, and wildlife.
(4) 
That there is no impact on the school district or a written statement from the school district that it supports the application.
(5) 
That there is no impact on the archaeological and historical resources of the area.
(6) 
That the applicable fire, ambulance, emergency, and police services can meet the needs of the proposed project.
(7) 
That an applicable traffic impact study shows that there is minimal or no impact on traffic in the area.
(8) 
That the Suffolk County Water Authority is able to support the project.
(9) 
That the proposed project is compatible with the aesthetic resources of the community and with the neighborhood character.
(10) 
That the project complies with all requirements of the Suffolk County Department of Public Health and Department of Public Works.
B. 
Applications may be exempted from the provisions of this chapter, following a public hearing on notice before the Town Board.
C. 
In making a determination under Subsection A, the Town Board may obtain and consider written reports from the Department of Land Management and such other sources as required in the judgment of the Town Board and consistent with the purpose of this chapter.
D. 
An application under Subsection A shall be accompanied by a fee of $500 and 18 copies of the application, together with the applicant's written undertaking, in a form to be approved by the Town Attorney and, in substance, approved by the Town Board, to pay either in advance or by reimbursement, at the Town Board's on-going election, any out-of-pocket costs incurred by the Town in studies and/or by retainer of resource personnel and relating to the hearing, review, and determination of such application.