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 as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 123.
Coastal erosion hazard areas — See Ch. 138.
Environmental quality review — See Ch. 157.
Flood damage prevention — See Ch. 169.
Historic landmarks and documents — See Ch. 194.
Protection of natural resources — See Ch. 229.
Open space — See Ch. 247.
Subdivision of land — See Ch. 292.
Wetlands — See Ch. 325.
Zoning — See Ch. 330.
[Adopted as Ch. 48, Art. I, of the 1979 Code]

§ 243-1 Purpose.

A. 
The Town Board finds that old filed maps, as defined in Article XI of the Town of Southampton Zoning Ordinance, will constitute, as they develop, a substantial share of all residential subdivision development in the Town. Further, as a result of the adverse impacts described in the Zoning Ordinance with reference to inadequate subdivision layouts, potential stormwater drainage problems, poor soil quality and consequent tendency for soil erosion and sedimentation, potential discontinuous street system and inadequate public improvements, lack of planning for and provision of playfields, parks and open spaces, the overall impact on residents living in such areas, as well as on all residents of the Town, will be to deteriorate the character of neighborhoods and the community, to decrease potential developed property values and to create hazards to safety and public health. Therefore, the purpose of this article is to provide for the future orderly growth and development of the Town, particularly within the Old Filed Map Overlay District and its environs, affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population; to avoid those adverse impacts described; and to assure achievement of a desirable residential environmental quality in the old filed map subdivision plats.
B. 
This goal shall be implemented by requiring appropriate design and public improvement construction through the authorized jurisdiction of the Planning Board. The procedures shall be similar to those utilized in the review and approval of proposed new land subdivision plats.
C. 
Further, this article deems that all building sites located in the Old Filed Map Overlay District shall be integral elements of the old filed map in which they are located and that, in the aggregate, all the owners of such building sites shall be deemed to be the subdivider for the purpose of discharging the responsibilities related to the development thereof.
D. 
In the procedure under this article, it is the intention of the Town Board that all financial obligations which are customarily the responsibility of the subdivider shall be borne by the building site owners in the old filed map subdivision plat on a fair and equitable basis. These obligations shall include all the initial costs associated with the surveying, planning and engineering, as well as those costs associated with public improvement construction and corollary expenditures necessary in the development of new land subdivisions that conform to the rules and regulations for subdivision of land in the Town of Southampton,[1] including the Town public road and improvement standards.
[1]
Editor's Note: See Ch. 292, Subdivision of Land.
E. 
With the enactment of this article, the Building Inspector shall only issue building permits to owners of a building site with a full development right, as provided for in the Old Filed Map Overlay District, where the building site is situated in an old filed map or section thereof approved for development by the Planning Board. Further, any such owner of a building site shall have discharged his financial obligation as subdivider and satisfied such other requirements as the Planning Board may have imposed as a condition of its approval.
F. 
This article establishes methods for funding of public improvements over a period of time so that the Planning Board can prepare a program for financing which will apportion the financial obligations among the building site owners on a fair and equitable basis to the extent possible. However, the Town Board recognizes that the costs for the initial surveying, planning and engineering and for the initial required construction work may exceed the amount of any one owner's pro rata financial obligation. If such owner chooses to apply for development approval on his own, rather than obtaining the participation of additional owners as applicants for development approval, such owner will have to assume such additional amount of the costs as the Planning Board cannot grant approval for the development of a subdivision plat or section thereof without certain prerequisite and essential work having been done by the applicant. This article does authorize a preapplication conference to assist an owner in deciding what course of action to take.

§ 243-2 Authority; approval of subdivision plats.

A. 
Pursuant to Article 16 of the Town Law, the Town of Southampton Planning Board is hereby authorized and empowered to approve the development of subdivision plats filed in the County Clerk's office prior to May 13, 1931, which are situated in the Old Filed Map Overlay District, as defined in the Town of Southampton Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 330, Zoning.
B. 
This article sets forth provisions applicable to Planning Board approval of the development of such subdivision plats. These provisions may be supplemented by regulations adopted by the Planning Board and, to the extent that they are not inconsistent with this article, the rules and regulations for subdivision of land in the Town of Southampton[2] may be utilized in implementing its provisions.
[2]
Editor's Note: See Ch. 292, Subdivision of Land.

§ 243-3 General procedures.

A. 
Upon appropriate application by a building site owner for approval of development of an old filed map subdivision plat or part thereof, the Planning Board shall review and consider the proposed development. After a public hearing, the Planning Board may approve, conditionally approve with modifications or disapprove such proposed development. On any approval the Planning Board may impose appropriate conditions.
B. 
The Planning Board shall begin its considerations of an application by studying the following:
(1) 
An overall development concept for the entire old filed map subdivision plat which is compatible with the Master Plan, the Zoning Ordinance[1] and this article, including the street system, grading and surface water drainage, land parcelization and the number of building sites, environmental features, potential open space and a general program for development.
[1]
Editor's Note: See Ch. 330, Zoning.
(2) 
The feasibility of the applicant's proposed development.
(3) 
A preliminary cost estimate for the surveying, planning, engineering, construction, public improvement and corollary expenditures to determine what the potential financial obligation of the applicant and subsequent individual building site owners might be.
C. 
The Planning Board may provide for a preapplication conference with a prospective applicant. In addition to discussing those matters set forth in § 243-3B above, the Planning Board may describe the application procedure, the scope of the work to be done by the applicant and, where there are alternate methods of proceeding, the method which might be most beneficial to the applicant.
D. 
In reviewing an application for development, the Planning Board shall consider whether the proposed development is consistent with its overall development concept and other preliminary determinations.
E. 
Before approving an application for development, the Planning Board shall require that suitable provision be made for the construction of public improvements and that such other assurances, agreements or offers of dedication as the Planning Board shall find necessary be submitted.
F. 
Application for approval of development in an old filed map subdivision plat, or part thereof, shall be submitted, in duplicate, to the office of Planning Board, with an application fee. A fee schedule shall be established, and changed as needed, by resolution of the Southampton Town Board. A copy of the fee schedule is on file with the Town Clerk’s office and the Department of Land Management.
[Added 9-12-1989 by L.L. No. 17-1989; amended 12-26-1989 by L.L. No. 26-1989; 1-27-2004 by L.L. No. 2-2004]
G. 
The Planning Board shall fix a time and place for a public hearing thereon and shall provide for the giving of notice at least 10 days prior to the date thereof as follows:
[Added 9-12-1989 by L.L. No. 17-1989]
(1) 
By publishing a notice in the official newspaper.
(2) 
By requiring a representative of the Planning Department to erect a white-with-black-lettering sign or signs measuring not less than two feet long and one foot wide, which shall be prominently displayed on the premises to be developed facing each public street on which the property abuts or at the intention of the road(s) to be opened and the public street on which the map abuts, giving notice that an application for development of the old filed map, or portion thereof, is pending and the date, time and place where the public hearing will be held. The sign shall not be set back more than 10 feet from the street line and shall not be less than two feet nor more than six feet above the grade at the street line. The sign shall be made of durable material. It shall be displayed for a period of not less than 10 days immediately preceding the public hearing date. No additional posting shall be required for any adjournment date. A representative of the Planning Department shall file an affidavit that the provisions of this section have been complied with.
(3) 
If the land involved in an application is within 200 feet of the boundary of any other municipality, notice of the public hearing shall also be mailed to the Municipal Clerk of such other municipality.

§ 243-4 Public improvement standards.

A. 
In approving an application for development, the Planning Board shall require that all public improvements be constructed according to the standards applicable to new land subdivisions as set forth in the rules and regulations for subdivision of land in the Town of Southampton.[1]
[1]
Editor's Note: See Ch. 292, Subdivision of Land.
B. 
The Planning Board need not require that the public improvements be constructed in accordance with such Town standards in the initial stage of public improvement, provided that § 243-6 of this article is utilized to assure eventual construction of public improvements in accordance with such Town standards. In such initial stage, the minimum road improvement shall conform to the Town private road standard, except as otherwise authorized under § 243-5.
C. 
If the Planning Board determines that the public improvements shall be constructed in accordance with such Town standards in the initial stage, the Planning Board may require that such public improvements be constructed in accordance with such standards before granting final approval for development or, alternatively, that a performance bond sufficient to cover the full cost of the same be furnished to the Town.
D. 
If the Planning Board determines that the public improvements need not be constructed in accordance with such Town standards in the initial stage, the Planning Board may require that the minimum road improvement for the initial stage be constructed in accordance with the Town private road standard before granting final approval for development or, alternatively, that a performance bond sufficient to cover the full cost of the same be furnished to the Town.
E. 
The Planning Board shall have the authority to modify or waive, subject to appropriate conditions, the provisions of § 243-4A if, in its judgment, such requirements are not requisite in the interests of public health, safety and general welfare due to special circumstances existent in a particular old filed map subdivision plat or section thereof.

§ 243-5 Program for development by sequential development sections.

A. 
In order to encourage the orderly development of old filed map subdivision plats, or parts thereof, and to assure the adequacy of the public improvements required in such development, the Planning Board is hereby authorized and empowered to approve a program for development of such subdivision plats by sequential development sections.
B. 
No partial development of an old filed maps subdivision plat shall be approved by the Planning Board unless it conforms to the approved program for development and the sequence of development sections.
C. 
In approving the program for development by sequential development sections, the Planning Board shall consider the provisions for and timing of such overall public improvements as recharge basins or stormwater drains required for adequate functioning of a development section but which may not be situated within such development section.
D. 
The first development section in such a program of development shall cover a portion of the subdivision plat which has direct access to an improved public road. The Planning Board shall determine the area and number of building sites to be included in the first development section. In making such determination, the Planning Board shall be guided by two objectives of this article:
(1) 
To obtain eventual construction of all public improvements within the development section in accordance with Town standards applicable to new land subdivisions within a reasonable period of time either through actual construction of those public improvements by applicants or as a result of funds received as a prerequisite for issuance of a building permit with respect to building sites within such first development section pursuant to § 243-6 of this article.
(2) 
To achieve a fair and equitable apportionment of the total estimated costs for surveying, planning, engineering, public improvement construction and corollary expenditures among the building site owners within such first development section pursuant to § 243-6 of this article.
E. 
The second and succeeding development sections of a program for development shall cover a portion of the subdivision plat which has direct access to a road improved to at least the Town private road standard in the first or preceding development section. The Planning Board shall determine the area and number of building sites to be included in such development sections in the same manner as provided for a first development section in § 243-5D.
F. 
In approving development in a development section, in instances where the Planning Board finds that the initial development costs to be paid for surveying, planning and engineering and the cost for improving the road to the Town private road standard exceed the aggregate financial obligations of the applicant/owner or owners according to the apportionment of total estimated costs, the Planning Board may authorize the issuance of a specific limited number of building permits within such first development section without requiring road construction pursuant to § 243-4A, B and D. In lieu of such road construction in the initial stage of development, the Planning Board may permit the building site owner or owners to construct a temporary accessway improved in accordance with suitable driveway standards. In permitting the same, the Planning Board may impose development management conditions as to the location and number of building sites eligible for such building permits. In determining such specific limited number of building permits and such conditions, the Planning Board shall be guided by:
(1) 
The following objective: to obtain construction of road improvements to at least the Town private road standard upon issuance of such specific limited number of building permits as a result of actual construction by the building site owners or of funds received as a prerequisite for issuance of the specific limited number of authorized building permits pursuant to § 243-6 of this article.
(2) 
The following policy: Under ordinary circumstances, an accessway should be improved to at least the Town private road standard to the extent that it serves more than three dwellings.
G. 
If an application is made for approval of a second or succeeding development section of a program for development and if development in the first or preceding development section has not resulted in road construction to at least the Town private road standard, the Planning Board shall impose appropriate conditions before approving such development section and authorizing issuance of a specific limited number of building permits as provided in § 243-5F above. Such conditions shall be consistent with the objectives and purposes of the overall development concept, the program for development and the provisions of this article. They may specifically include a condition that no building permit shall be issued in such second or succeeding development section unless the applicant for such permit improves the accessway in the first or preceding development section to at least the Town private road standard if such accessway is not already so improved at the time of application for such building permit; provided, however, that if sufficient funds have been deposited pursuant to § 243-6 or a performance bond has been posted for such improvement to at least Town private road standards in the first or preceding development section, even though the work may not have been completed, the applicant shall not be required to improve such accessway.
H. 
The Planning Board may, upon appropriate application, enlarge the area and number of building sites previously approved by the Planning Board in a particular development section of an approved program for development if it finds that such enlargement and increase in the number of building sites would be consistent with the objectives and purposes of the overall development concept, the program for development and the provisions of this article. If the Planning Board determines to do so, it may impose appropriate conditions.

§ 243-6 Program for financing public improvements.

A. 
The Planning Board shall not approve any old filed map subdivision plat or section thereof for development unless such approval is conditioned upon an approved program for financing the required public improvements pursuant to §§ 243-4 and 243-5 of this article. Such program for financing shall cover the initial costs for surveying, planning and engineering, as well as the construction costs for public improvements, the acquisition of property or of any interest or rights in property and corollary expenditures.
B. 
In approving such a program for financing, the Planning Board shall determine the total estimated costs for the initial surveying, planning and engineering and fees associated with obtaining approval for development of the subdivision plat or section thereof and, in a manner similar to that for determining the amount of a performance bond for a new subdivision plat, the total estimated construction costs for construction of the public improvements, including land acquisition, inspection costs and fees associated with such construction.
C. 
Based on the total estimated initial and public improvement construction costs, the maximum number of building sites found pursuant to §§ 243-3B and 243-5D, the nature of the work to be done and the appropriate method of financing such work to be done, among other things, the Planning Board shall approve a program for financing which, in its judgment, apportions those total estimated costs in a fair and equitable manner among the building site owners in a specific development section as their individual share of the total financial obligation. In the instance of an application by a building site owner of a building site not in the first development section or the next to be developed in the approved order of the sequential development sections of a program for development pursuant to § 243-5A of this article, the Planning Board shall determine the financial obligation of such building site owner pursuant to the standards set forth in §§ 243-4 and 243-5 and this section of this article.
D. 
The financing methods for discharging the obligations of the owners may include, but are not necessarily limited to, deposits in the Town of Southampton Public Improvement Trust Fund, actual construction by owners prior to approval, actual construction by owners of an equivalent value pursuant to the public improvement construction unit system, a performance bond or some combination of financing methods approved by the Planning Board.
E. 
The Planning Board shall require as a condition of approval for development that each building site owner within such subdivision plat or development section thereof shall discharge his financial obligation in accordance with the approved program for financing of public improvements.
F. 
In recognition of the fact that in seeking approval for development in an old filed map subdivision plat or development section thereof an applicant may have already incurred and/or expended costs that are part of the total estimated costs incorporated in the program for financing, the Planning Board shall accept validated costs so incurred and/or expended by the applicant in whole or partial satisfaction of his financial obligation and determine the amount still outstanding, if any.
G. 
Since it is anticipated that the discharge of financial obligations by individual owners in such old filed map subdivision plat or section thereof approved for development may occur over a number of years and, as a result, the actual cost of such public improvements may have changed significantly, the Planning Board, as a condition in any program for financing, is also specifically authorized and empowered to establish a provision for factoring the total estimated cost or any elements thereof on a periodic basis in accordance with an established public improvement construction cost index. As a result, the exact amount of the financial obligation to be discharged by an individual building site owner shall be determined when it is discharged.
H. 
For the purpose of establishing a method of implementing such programs through funding public improvements, including the acquisition of property or of interest or rights in property, there is hereby created a Town of Southampton Public Improvement Trust Fund. It shall be used by the Town exclusively for public improvements in old filed map subdivision plats or development sections thereof in the Old Filed Map Overlay District of the Zoning Ordinance.[1] The following conditions shall apply to the trust fund:
(1) 
The Planning Board shall require as a condition to approval of development that each building site owner discharge his financial obligation related to a subdivision plat or development section thereof by depositing all or part of such financial obligation in the trust fund prior to approval or to issuance of a building permit. No such building permit shall be issued unless such payment shall have been made to said trust fund.
(2) 
The Planning Board Chairman, as general manager of the trust fund, shall cause an accounting system or other means to be established to assure that such deposits in the trust fund are used by the Town exclusively for public improvements and corollary expenditures in the subdivision in the subdivision plat from which such deposits were derived.
(3) 
Deposits made to such accounts in the trust fund shall be used for construction of public improvements at such time or times as may be directed by the Town Superintendent of Highways, as construction manager of the trust fund, after consideration of the extent of building development in such subdivision plat or development section thereof, the amount of funds available in the account, the objectives and purposes of this article and such other factors as, in his judgment, warrant the expenditure.
(4) 
The Town Superintendent of Highways is hereby specifically authorized and empowered to direct that such public improvements be constructed in stages, including construction of roads in accordance with the Town private road standards, as soon as practicable and eventually to further improve such roads to the Town public road standard.
(5) 
The Town Supervisor, as financial manager of the trust fund, may take the payments into such fund and invest them in accordance with and as permitted by law, provided that such investment shall not impair the use of such funds for the objectives and purposes of this article.
[1]
Editor's Note: See Ch. 330, Zoning.
I. 
For the purpose of establishing an alternate method of implementing such programs by private financing of public improvements through the actual construction of such public improvements by the individual building site owners in lieu of depositing money in the trust fund, the Planning Board may establish a public improvement construction unit system. The following conditions shall apply to the unit system:
(1) 
Upon determining the total estimated cost for the construction of public improvements, the Planning Board shall convert such costs to a system of equally valued construction work units and apportion such construction work units, in a manner which, in its judgment, is fair and equitable, among the building site owners as their individual shares of the total construction work.
(2) 
The Planning Board shall require as a condition to approval of development that each applicant for a building permit perform at his expense his share of the construction work units.
(3) 
No building permit shall be issued to a building site owner unless he has performed such work to the satisfaction of the Town Superintendent of Highways or unless he has furnished a performance bond with cash security to the Town for such work.
J. 
The Planning Board may require as a condition to approval of development that a covenant be recorded in the Suffolk County Clerk's office prior to the issuance of a building permit in relation to any building site within the subdivision plat or development section thereof to assure the consent of the owner of such building site to participation in a special assessment street improvement program in accordance with § 200 of the Town Law in the event that such program becomes necessary in order to complete the public improvements in that subdivision plat or development section thereof. In recognition of the fact that in some instances the provisions for funding of public improvements set forth in § 243-6 of this article might not result in completion of public improvements in accordance with Town standards applicable to new land subdivisions due to a lack of sufficient building development in such subdivision plat or development section thereof or due to other unanticipated factors, the condition authorized under this subsection is envisioned as a safeguard and would provide a supplemental method of accomplishing such completion.

§ 243-7 Supplemental regulations.

A. 
Any building lot for which the Board of Appeals has authorized a building permit pursuant to § 280-a, Subdivision 3, of the Town Law prior to the enactment of this article shall not be affected by this article.
B. 
Any existing dwelling constructed on a lot in an old filed map plat prior to the enactment of this article shall not be affected by this article.
C. 
Upon approving for development any old filed map subdivision plat or any program of development and sequential development sections, the Planning Board shall send a copy of all appropriate documents and maps, including all limitations or conditions related to such development and the issuance of building permits, to the Town of Southampton Building Inspector, the Superintendent of Highways and the Town Supervisor. Such officials of the Town shall be responsible for implementing the necessary administrative and enforcement procedures associated with carrying out such development. The Planning Board may send a copy of all such documents to the Town Assessor for information purposes.
D. 
No building permit shall be issued in relation to any building site in a subdivision plat in the Old Filed Map Overlay District unless there is conformity with the development approved by the Planning Board and with the conditions imposed by the Planning Board incident thereto.
[Adopted as Ch. 48, Art. II, of the 1979 Code]

§ 243-8 Findings; program established.

A. 
The Town Board finds that old filed maps, as defined in Article XI of the Town of Southampton Zoning Ordinance,[1] the Old Filed Map Overlay District, will constitute, as they develop, a substantial share of all residential subdivision development in the Town. The Town Board also finds that much of the Ronkonkoma Moraine and of the projected water catchment residence, agricultural reserve residence and open space areas of the adopted Town of Southampton Master Plan, as well as the comprehensive planning goals and objectives of the Master Plan itself, are threatened with adverse and irreversible impacts by such old filed maps.
[1]
Editor's Note: See Ch. 330, Zoning.
B. 
In order to overcome those adverse and irreversible impacts which would result from the potential development of such maps, as described in Article XI of the Town of Southampton Zoning Ordinance, to assure the continued availability of the open space character of that significant area of the Town, to preserve its vital natural resources and to provide for its orderly growth and development, the Town Board has determined that it is necessary to establish a land tenure system based on development rights and the transfer thereof and a public improvement development program for such old filed maps. The provisions relating to such land tenure system are contained in Article XI of the Town of Southampton Zoning Ordinance. The provisions relating to such public improvement development program are contained in Local Law No. 1-1978, entitled "A Local Law Regulating the Development of Old Filed Maps."[2]
[2]
Editor's Note: See Article I of this chapter.
C. 
The Town Board recognizes that the goals and objectives of such land tenure system and such public improvement development program may not be fully achieved under the provisions of Article XI of the Town of Southampton Zoning Ordinance and the provisions of said local law. The Town Board also recognizes that in some instances those provisions may cause hardship for property owners affected by such provisions. Therefore, in order to further such goals and objectives and in order to provide a form of relief in cases of hardship, this article authorizes and establishes an Old Filed Map Land Bank and Land Bank Program. Such Land Bank Program is intended to serve in a variety of ways to accomplish a variety of functions necessary to achieve those goals and objectives and to provide a form of relief in cases of hardship. Some of such ways and functions would be the following:
(1) 
To assist in creating and stimulating a market for the acquisition and disposition of development rights.
(2) 
To provide an available vehicle for the acquisition of development rights on land from property owners who demonstrate hardship as a result of the application to their property of the provisions of Article XI of the Town of Southampton Zoning Ordinance or of the provisions of said local law.
(3) 
To provide an available vehicle for the acquisition of development rights or land from property owners who make application pursuant to § 330-53F of the Zoning Ordinance.
(4) 
To provide an available vehicle for the acquisition of development rights or land from property owners whose sites are not approved for use as building sites as a result of Planning Board conditions imposed pursuant to said local law.
(5) 
To promote and manage the orderly development of old filed maps by the acquisition, holding and disposition of development rights or land.
(6) 
To facilitate achievement of the comprehensive planning goals and objectives of the adopted Town of Southampton Master Plan, of Article XI of the Town of Southampton Zoning Ordinance and of said local law by the acquisition, holding and disposition of development rights or land.
(7) 
To facilitate future planning of old filed maps and to maintain public land reserve with respect thereto by the acquisition, holding and disposition of development rights or land.
(8) 
To provide for open spaces and to preserve vital natural resources by the acquisition and holding of development rights or land.
D. 
Article XI of the Town of Southampton Zoning Ordinance sets forth provisions applicable in the Special Old Filed Map Overlay District, which provisions are necessary in order to promote public health and safety. The Town Board recognizes that in some instances such provisions may cause hardship for property owners affected thereby. In order to provide a form of relief in cases of hardship, the Old Filed Map Land Bank Program may also serve to provide an available vehicle for the acquisition of development rights or land from property owners who demonstrate hardship as a result of the application to their property of the provisions of Article XI of the Town of Southampton Zoning Ordinance and to provide an available vehicle for the acquisition of development rights or land from property owners who make application pursuant to § 330-58D of the Zoning Ordinance. The Old Filed Map Land Bank Program may also serve to assist in creating and stimulating a market for the acquisition and disposition of development rights located in the Special Old Filed Map Overlay District.

§ 243-9 Declaration of public purpose.

The acquisition of interests or rights in real property for the purposes of this article and the holding and disposition thereof for and in accordance with the purposes of this article are hereby declared to be for the public purpose of achieving the land policy and land planning goals and objectives of the Town of Southampton, whether or not at the time of acquisition or expenditure of funds for acquisition or maintenance any particular future use, public or private, is contemplated for such real property. Appropriations for, issuance of bonds or notes for and taxation for such acquisition, holding and disposition are hereby declared to be for a valid public purpose. Such acquisition, holding and management and disposition are hereby declared to be for a valid public purpose.

§ 243-10 Authority of Town Board.

A. 
The Town Board of the Town of Southampton may acquire by purchase, condemnation, exchange, gift, grant, devise, lease or otherwise interests or rights in real property situate in the Old Filed Map Overlay District or in the Special Old Filed Map Overlay District, as defined in the Town of Southampton Zoning Ordinance,[1] for the purposes of this article. Such interest or rights in real property may consist of the fee or any lesser interest, development right, partial development right, easement, covenant or other contractual right necessary or desirable to achieve the purposes of this article.
[1]
Editor's Note: See Ch. 330, Zoning.
B. 
The Town Board of the Town of Southampton may hold and manage such interests or rights in real property for and in accordance with the purposes of this article. The Town Board may enter into a lease or other agreement for the purpose of maintaining such interests or rights and making appropriate use of such interests or rights while such interests or rights are held in a public land reserve or otherwise, provided that such lease or other agreement is consistent with the purpose of this article.
C. 
The Town Board of the Town of Southampton may dispose of such interests or rights in real property for and in accordance with the purposes of this article.
D. 
In conjunction with the Planning Board, the Town Board of the Town of Southampton may facilitate the implementation of overall development concepts, programs for development and development sections pursuant to this article.
E. 
The Town Board of the Town of Southampton may assemble building sites or other land areas suitable for use under the provisions of said Article and then hold, sell, lease or otherwise make such sites or areas available for such appropriate use.
F. 
The Town Board of the Town of Southampton may impose appropriate restrictions on properties which it proposes to dispose of as a condition of sale, lease or other agreement.

§ 243-11 Additional regulations; Planning Board duties.

A. 
The Town Board of the Town of Southampton may from time to time adopt and amend rules and regulations with respect to procedures and policies to be utilized in implementing this article.
B. 
The Planning Board of the Town of Southampton may from time to time make investigations, maps, reports and recommendations with respect to the acquisition, holding and management and disposition of interests or rights in real property pursuant to this article. The Planning Board shall maintain records of such investigations, maps, reports and recommendations. The Planning Board may also make recommendations with respect to procedures and policies to be utilized in implementing this article.

§ 243-12 Land Bank Trust Fund.

A. 
There is hereby created a Town of Southampton Land Bank Trust Fund to be used by the Town exclusively for the acquisition, holding and management and disposition of interests or rights in real property pursuant to this article. The Town Board of the Town of Southampton may from time to time make appropriations for said trust fund, provide moneys for said trust fund by borrowing pursuant to the Local Finance Law and receive moneys for said trust fund from any other lawful source, including receipts resulting from management and disposition of such interests or rights in real property, all in accordance with applicable law. The Town Supervisor may invest moneys received for said trust fund in accordance with and as permitted by law.
B. 
The Town Board of the Town of Southampton shall cause an accounting system or other means to be established to assure that interests or rights in real property acquired for the purposes of this article are held, managed and disposed of for and in accordance with the purposes of this article.