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 12-13-1983 by L.L. No. 10-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 123.
Coastal erosion hazard areas — See Ch. 138.
Flood damage prevention — See Ch. 169.
Historic landmarks and documents — See Ch. 194.
Junkyards and junk dealers — See Ch. 199.
Landfills, transfer stations and scavenger wastes — See Ch. 205.
Low-income, moderate-income, and senior citizen housing — See Ch. 216.
Mined land reclamation — See Ch. 223.
Protection of natural resources — See Ch. 229.
Old filed maps — See Ch. 243.
Open space — See Ch. 247.
Subdivision of land — See Ch. 292.
Wetlands — See Ch. 325.
Zoning — See Ch. 330.

§ 157-1 Title.

This chapter will be known as the "Town of Southampton Environmental Quality Review Law."

§ 157-2 Purpose.

The purpose of this chapter is to implement for the Town of Southampton the provisions of the State Environmental Quality Review Act and the State Environmental Quality Review Regulations, thereby incorporating environmental factors into the existing planning and decisionmaking process.

§ 157-3 Statutory authority.

This chapter is adopted under authority of the Municipal Home Rule Law, the State Environmental Quality Review Act and the State Environmental Quality Review Regulations.

§ 157-4 Definitions.

A. 
As used in this chapter, the following terms shall have the meanings indicated:
EAF
Environmental assessment form.
EIS
Environmental impact statement.
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
Article 8 of the Environmental Conservation Law, which is Chapter 43-B of the Consolidated Laws of the State of New York.
B. 
All other terms for which definitions are given in SEQRA and/or Part 617 have the same meanings in this chapter.

§ 157-5 Applicability.

All agencies, boards, departments, offices, other bodies or officers of the Town of Southampton must comply with SEQRA, Part 617 and this chapter to the extent applicable prior to carrying out, approving or funding any action, other than an exempt, excluded or Type II action.

§ 157-6 Lead agency designation.

A. 
The lead agency is the agency (i.e., board, department, office, other body or officer of the Town) principally responsible for carrying out, funding or approving an action. The lead agency is responsible for determining whether an EIS is required for the action. The lead agency is responsible for determining whether an EIS is required for the action and for preparing and filing the EIS if it is required.
B. 
Where more than one agency is involved, the lead agency is determined and designated as provided in Section 6 of Part 617.
[Amended 7-10-1990 by L.L. No. 19-1990]
C. 
The Planning Board will be the Town clearinghouse for lead agency designation. It will assist agencies and applicants to identify other federal, state and local agencies that may be involved in approving, funding or carrying out Type I and unlisted actions. The clearinghouse will make recommendations on the designation of lead agencies for particular actions.
D. 
The environmental review of actions involving a federal agency will be processed in accordance with Section 16 of Part 617.

§ 157-7 Environmental assessment and determination of significance.

A. 
When any agency, department, body, board or officer of the Town of Southampton contemplates directly carrying out, funding or approving any Type I action, a full EAF must be prepared by it or on its behalf. When an unlisted action is contemplated, either a full or short-form EAF, as appropriate, must be prepared. The EAF forms given in Appendixes A, B and C of Part 617 will be used as models, but may be modified to meet the needs of particular cases. However, the final scope of such a modified EAF must be at least as comprehensive as the scope of the model forms.
[Amended 7-10-1990 by L.L. No. 19-1990]
B. 
When any person submits an application for funding or a permit or other approval of a Type I or unlisted action to any agency, department, body, board or officer of the Town, an EAF must accompany the application. For Type I actions, a full EAF must be prepared; for unlisted actions, either the full EAF or the short form may be used, as appropriate. An applicant may choose to prepare a draft EIS in place of an EAF.
C. 
The lead agency must make a determination of environmental significance of the action. This determination must be based on the EAF or, with respect to unlisted actions, its own procedures, as the case may be, and on such other information as it may require. The criteria stated in Section 11 of Part 617 must also be considered by the lead agency in making its determination of significance. The determination must be made within 20 days of its designation as lead agency or with 20 days of its receipt of all information it requires, whichever is later.
[Amended 7-10-1990 by L.L. No. 19-1990]
D. 
For Type I actions, the lead agency must give public notice and file a determination of nonsignificance as provided in Subdivision 10(a)(3) of Part 617. For unlisted actions, the lead agency must send a determination of nonsignificance to the applicant and maintain its own records thereof in accordance with Section 6 and Subdivision 10(e) of Part 617.
[Amended 7-10-1990 by L.L. No. 19-1990]
E. 
If the lead agency makes a determination of nonsignificance, the direct action, approval or funding involved will be processed without further regard to SEQRA, Part 617 or this chapter.
F. 
The time of filing an application for approval or funding of an action commences from the date the determination of environmental nonsignificance is made. If the applicant prepared a draft EIS in lieu of an EAF, the time of filing commences from the date the lead agency accepts the draft EIS as adequate in scope and content and commences the public comment period.

§ 157-8 EIS preparation.

A. 
If, based on review of the EAF and other information, the lead agency determines that the proposed action may be environmentally significant, then an EIS must be prepared.
B. 
If an EIS is required, the lead agency must proceed as provided in Sections 8, 9 and 10 of Part 617. The draft EIS will normally be prepared by the applicant. If the applicant fails to prepare a draft EIS or prepares a draft EIS which is unacceptable to the lead agency, the lead agency may either prepare a draft EIS itself, discontinue further processing until the applicant can provide an acceptable draft EIS or deem the application abandoned and discontinue review.
C. 
If a public hearing is held on the draft EIS, it must, whenever possible, be concurrent with any other hearing on the application.

§ 157-9 Fees.

[Amended 4-26-1988 by L.L. No. 5-1988]
A fee shall be charged for the review or preparation of the draft EIS, and scoping shall be considered part of the draft EIS for purposes of determining the fee. Such fees will be equal to the maximum allowable under Section 617.17 of Part 617 of the New York Codes, Rules and Regulations. No agency shall have the authority to waive or modify this fee.

§ 157-10 Critical areas.

[Amended 8-14-1984 by L.L. No. 13-1984]
A. 
Critical areas of environmental concern will be designated, from time to time, by resolution of the Town Board in accordance with provisions of Subdivision 14(g) of Part 617.
[Amended 1-26-2010 by L.L. No. 4-2010]
B. 
The following have been designated by the Town Board as critical areas of environmental concern:
(1) 
The Aquifer Protection Overlay District.
(2) 
The Central Pine Barrens area as defined in § 57-0107(10) of the New York State Environmental Conservation Law as same may be amended from time to time.
[Added 5-8-1990 by L.L. No. 13-1990; amended 9-26-1995 by L.L. No. 46-1995]
(3) 
Freshwater wetlands and adjacent areas currently subject to regulations by New York State Department of Environmental Conservation pursuant to Article 24 of the Environmental Conservation law of the State of New York.
[Added 5-8-1990 by L.L. No. 13-1990]
(4) 
Areas of particular concern with respect to locations having social, cultural, historic, archaeological or educational importance:
[Added 7-24-1990 by L.L. No. 21-1990]
(a) 
Shinnecock Indian Contact Period Village Fort preliminary boundary for the area bounded on the north by the Long Island Railroad, on the east by Bath House Road-Ridge Road, on the south by the Montauk Highway and on the west by Peconic Road, being a boundary that may be adjusted upon supplementary archaeological studies.
(b) 
Sugar Loaf Hill Shinnecock Indian Burial Grounds and Archaeological Resource area bounded on the north by Montauk Highway, on the east by Eastway and Southway Drives, on the south by Shinnecock Bay and on the west by the westerly right-of-way line of South Beach Road.
(c) 
Sites identified in the Town of Southampton Cemetery Study, as adopted and amended from time to time by resolution of the Town Board.
[Added 1-26-2010 by L.L. No. 4-2010]
(d) 
Sites determined to be locations in which human remains and/or funerary objects are likely to be interred as specified by the Town Landmarks and Historic Districts Board Cultural Resources Subcommittee’s Inventory Map, as adopted and amended from time to time by resolution of the Town Board.
[Added 1-26-2010 by L.L. No. 4-2010]

§ 157-11 Type I actions.

[Amended 7-24-1990 by L.L. No. 21-1990; 10-23-2001 by L.L. No. 41-2001; 12-12-2006 by L.L. No. 60-2006]
A. 
For purposes of this chapter, Type I actions include all those given in Section 4 of Part 617.
B. 
In addition, the following are deemed Type I actions:
(1) 
Motel and hotel complexes of 20 units or greater.
(2) 
New sand, gravel or beach mining operations.
(3) 
Parking facilities or other facilities with an associated parking area where the total number of parking spaces, including both existing and proposed parking, is 50 spaces or greater.
(4) 
Subdivisions of residential land within the Agricultural Overlay District, except Conservation Opportunities Subdivisions that do not exceed the thresholds of this section.
(5) 
Within a critical area designated to protect cultural, historic, archaeological or educationally important resources under § 157-10B, no Type I action or unlisted action shall cause land to be cleared, regraded, filled, excavated or built upon until an archaeological examination of the site area has been conducted and submitted to the Planning Board for review. An application for a building permit for a one-family dwelling within an approved subdivision plat which has undergone archaeological examination is not a Type I action under this chapter.
(6) 
Motel conversions to residential condominiums or cooperatives pursuant to § 330-155I.
(7) 
Formal planned development district (PDD) applications pursuant to § 330-244C.
[Added 5-24-2011 by L.L. No. 18-2011]
(a) 
In reviewing Agricultural PDD applications, the Town Board shall consider the Town of Southampton’s Final Generic Environmental Impact Statement (FGEIS) for Agricultural Opportunities Subdivision dated March 2001.
(b) 
Further SEQRA review shall be required if and when an applicant submits a subdivision application for a parcel that has been zoned as an agricultural PDD.

§ 157-12 Type II actions.

[Amended 10-22-1985 by L.L. No. 8-1985; 5-10-1988 by L.L. No. 6-1988; 5-8-1990 by L.L. No. 13-1990; 10-23-2001 by L.L. No. 41-2001; 12-12-2006 by L.L. No. 61-2006]
A. 
For purposes of this chapter, Type II actions include all those listed in Section 5 of Part 617.
B. 
In addition, the following are deemed Type II actions, provided that they do not fall within the critical areas as outlined in Town Code § 157-10, are not classified as Type I actions as set forth in § 157-11, and comply with 6 NYCRR 617.5 (b)(1) and (2):
(1) 
Subdivisions of residential land into four lots or less where the subdivided parcels are or have been restricted from further subdivision.
(2) 
Transfers of property as defined by § 292-3.
(3) 
Conservation Opportunity Subdivisions as set forth in Chapter 292.

§ 157-13 When effective; copies to be filed.

This chapter shall take effect immediately upon filing in the office of the Secretary of State in accordance with § 27 of the Municipal Home Rule Law. A copy of this chapter must be filed with the Commissioner of the Department of Environmental Conservation.