[HISTORY: Adopted by the Town Board of the Town of Southampton 5-24-2016 by L.L. No. 8-2016. Amendments noted where applicable.]
Currently, the Southampton Town Code, at Article XXVI of Chapter 330, Zoning, dictates the procedures, rules, and regulations attendant to planned development district, or "PDD," applications proposed within the Town. Indeed, as articulated in the article's purpose, when the Town first adopted PDD legislation it sought to, among other objectives, "facilitate increased flexibility to achieve more desirable development through the use of more creative and imaginative design of residential, mixed-use, commercial and industrial areas than is presently achievable under conventional land use techniques and zoning regulations," consistent with the Town's Comprehensive Plan. Today, the Town Board finds it necessary to review those PDD goals, as well as the mechanism by which those goals were achieved and the procedures by which PDD applications were evaluated.
Thus, a moratorium is necessary to preserve the status quo while the Town Board assesses and evaluates whether PDD legislation is a tool it wants to continue to utilize within the Town. The moratorium will afford the Town the opportunity to study the current law and draft and adopt amendments for any new, resultant laws that may arise during the planning process. Though not exclusive, central to that review will be the reexamination of community benefits as that term is contemplated in New York State Town Law § 261-b, as well as an analysis of how community benefits have been derived from projects in the past, and how the Town should deal with community benefits in the context of PDD applications going forward, should it decide to continue to utilize this discretionary land use tool.
In short, the objective of the moratorium is to allow the Town decision-makers to engage in a comprehensive analysis and review of the current PDD provisions, prior to taking action on any new PDD applications. This moratorium shall be enacted for one year from the effective date herein so that the processing, reviewing, and/or the taking of any action on any new PDD applications shall be suspended during this time period.
As used in this chapter, the following terms shall have the meanings indicated:
- ACTIVE REVIEW
- Those PDD applications that have had at least one public hearing pursuant to the Town's preapplication procedures set forth in Town Code § 330-244A(1) and B(1).
- Any request or application for a new planned development district ("PDD") zoning designation as defined in Article XXVI of Chapter 330 of the Town Code of the Town of Southampton. This shall include all new PDD applications, regardless of whether the applicant seeks a residential, multifamily, mixed-use, maritime, or any other category of PDD contemplated within the Town Code. Only agricultural PDDs shall be excluded from this moratorium.
- MORATORIUM PERIOD
- The period of one year from the effective date herein. The same may be extended for good cause by appropriate action of the Town Board.
- STUDY AREA
- The Town of Southampton.
- TOWN OF SOUTHAMPTON
- The Town Board, the Planning Board, the Zoning Board of Appeals, or any other agency, department, or office of the Town.
No new PDD applications shall be accepted by the Town Board, the Planning Board, the Zoning Board of Appeals, or any other agency, department, or office of the Town of Southampton during the moratorium period.
The following are excluded from this chapter:
Those PDD applications that are currently pending and under active review by the Town Board of the Town of Southampton;
Town Code amendments that are initiated and authorized by the Town Board of the Town of Southampton;
The processing of any PDD applications that are initiated and authorized by the Town Board of the Town of Southampton.
This chapter is adopted pursuant to, and shall supersede, amend and take precedence over any inconsistent provisions of, New York State Town Law under the Town's municipal home rule powers pursuant to Municipal Home Rule Law § 10(1)(ii)(a)(11), (12) and (14), 10(1)(ii)(d)(3), and § 22. In particular, this chapter shall supersede:
Any inconsistent provisions set forth in New York State Town Law 261-b, 261-c, 264 and 265;
Any other inconsistent provisions set forth in Article 16 of New York State Town Law;
Any inconsistent provisions set forth in any and all other local laws of the Town of Southampton.
Pursuant to 6 NYCRR § 617.5(c)(30), a local law to implement a moratorium is a Type II action under the New York State Environmental Quality Review Act ("SEQRA"), which has been determined not to have a significant impact on the environment or is otherwise precluded from environmental review under Environmental Conservation Law Article 8 and, thus, is not subject to any further review.