In applying and interpreting this chapter, its
provisions shall be held to be minimum requirements adopted for the
promotion of the public health, safety, morals, comfort, convenience
of the general welfare. The following specific regulations shall apply:
A.
A minimum required lot or yard size for one building
or structure shall not be used, in whole or in part, as any part of
a required lot or yard for a second structure.
B.
The required lot or yard for an existing building
or structure shall not be diminished below the minimum requirements
of this chapter.
C.
The parking spaces required for one building or structure
or use shall not be included in the computation of required parking
spaces for a second building or structure or use.
D.
Nothing contained in this chapter shall be taken to
repeal, abrogate, annul or in any way impair or interfere with the
Building Code[1] or any rules or regulations adopted or issued thereunder
or any other provisions of law or ordinance or regulation existing
or as may be adopted in the future when not in conflict with any of
the provisions of this chapter, nor is it intended by this chapter
to interfere with or abrogate or annul any easements, covenants or
other agreements between parties; provided, however, that when this
chapter imposes a greater restriction upon the use of buildings, structures,
premises, lots or land or upon the height of buildings or structures
or requires larger lots, yards, courts or other open spaces than imposed
or required by such other provision of law, ordinance or regulation
or by such easements, covenants or agreements, the provisions of this
chapter shall control.
E.
Wherever the provisions of any other law or ordinance
or regulation impose a greater restriction than this chapter, the
provisions of such other law or ordinance or regulation shall control.
F.
No provision contained in this chapter shall be construed
as justifying the encroachment of any building or structure within
any street lines now or hereafter laid down on any subdivision plat
filed in the office of the County Clerk or within any federal, state,
county or Town street or highway.
G.
All zoning district boundaries shown as or within
street or roadway rights-of-way shall be considered as the center
line of said right-of-way. Where the Zoning Map indicates a depth
of a district along a street or road right-of-way, the depth shall
be measured at a right angle from said right-of-way or street line
(also known as the front property line).
[Added 8-23-1988 by L.L. No. 20-1988]
A.
All procedures with respect to applications for and
issuance of building permits shall be in conformity with the provisions
of the Building Code.[1] All such applications shall be accompanied by such other
information as may be necessary to determine and provide for the enforcement
of this chapter.
B.
No building permit shall be issued for the erection,
construction, reconstruction, structural alteration, restoration,
repair or moving of any building or structure or part thereof unless
the plans and intended use indicate that such building or structure
is designed and intended to conform in all respects to the provisions
of this chapter and the Planning Board or the Board of Architectural
Review has approved the design in accordance with other provisions
of this chapter.
[Amended 9-8-1992 by L.L. No. 39-1992]
C.
No building permit shall be issued where a lot or
lots are formed from part of an existing lot, whether already improved
or not, if the separation is effected in such a manner that any of
the lots or any existing or proposed improvements thereon contravene
the provision or intent of this chapter or of the subdivision regulations
of the Town.[2] No building permit shall be issued for a lot which was
created after the date of adoption of this article in violation of
the subdivision regulations of the Town Planning Board.
D.
After the completion of footings and establishing
of the forms on the first course of the foundation walls or equivalent
structure, the owner shall notify the Building Inspector. If required
by the Building Inspector, the owner shall cause a survey to be made
by a licensed land surveyor showing the true location of such foundation
walls with respect to the lot lines of the lot, and a copy of such
survey shall be filed with the Building Inspector before construction
is continued.
E.
The Building Inspector shall require a site plan for any building or structure or use as set forth in §§ 330-181 through 330-184 of this chapter.[3]
[3]
Editor's Note: Former Subsection F, Temporary
roadside stands, which immediately followed this subsection, was repealed
5-11-1993 by L.L. No. 13-1993.
A.
Nothing in this chapter shall require any change in
the plans, construction or designated use of a building or structure
for which a lawful building permit has been issued prior to the effective
date of this chapter or any amendment thereto affecting such building
or structure or the use thereof, provided that:
(1)
The construction of such building or structure shall
have been begun and diligently prosecuted within three months from
the date of such permit.
(2)
The entire building or structure shall be completed
according to such filed and approved plans upon which the issuance
of such permit was based within one year from the effective date of
this chapter or any such amendment thereto.
[Amended 11-4-2005 by L.L. No. 59-2005]
A.
It shall be unlawful to use or to permit the use of
any building, structure, premises, lot or land or part thereof hereafter
erected or altered, enlarged or moved or put into use, in whole or
in part, after the effective date of this chapter or of any building,
structure, premises, lot or land or part thereof of which the use
is changed until a certificate of occupancy has been obtained by the
owner, as provided for under the Building Code.[1]
B.
No certificate of occupancy shall be issued for any
building, structure, premises, lot or land unless the erection, construction,
reconstruction, structural alteration, restoration, repair or moving
of such building or structure or part thereof and the intended use
thereof are in conformity in all respects with the provisions of this
chapter.
C.
The Building Inspector shall obtain a written order from the Town Planning Director or his designee before issuing a certificate of occupancy in a case involving a special exception use and/or a site plan application pursuant to Article XVII, and shall obtain a written order from the Board of Appeals before issuing a certificate of occupancy involving a variance from the provisions of this chapter pursuant to § 330-166.
D.
No certificate of occupancy shall be issued unless
all buildings, structures and units as shown on the building permit
application are completed in whole and are complying in every respect
with this chapter and the New York State Building Code, except that
the Building and Zoning Administrator shall have the authority to
issue a certificate of occupancy when a dimensional variance of not
more than six inches is required due to improper siting of a building
or a similar circumstance and when, in his sole discretion, such relief
is warranted.
E.
The Building Inspector may issue a certificate of
compliance in place of and instead of a certificate of occupancy whenever
he deems a certificate of compliance more appropriate than a certificate
of occupancy; provided, however, that the procedure, prerequisites
and fees for obtaining a certificate of compliance shall be the same
as are applicable to a certificate of occupancy, and further provided
that the term "certificate of occupancy," used in various places throughout
this chapter, shall be deemed to include the term "certificate of
compliance."
Fees for a building permit application and for
issuance of building permits and certificates of occupancy shall be
as provided in the legislation establishing the Building Code.[1]
[Amended 10-26-2004 by L.L. No. 31-2004]
A.
It shall be the duty of the Building Inspector to
administer and enforce the provisions of this chapter.
B.
Should said Building Inspector be in doubt as to the
meaning or intent of any provision of this chapter or as to the location
of any district boundary line on the Zoning Map or as to the propriety
of issuing a building permit or a certificate of occupancy in a particular
case related to the provisions of this chapter, he shall appeal the
matter to the Board of Appeals for interpretation and decision without
the requirement of any application fee.
C.
The Building Inspector shall adopt rules of procedure
consistent with this chapter for the purpose of assuring efficient
and uniform administration of its provisions.
D.
If the Building Inspector should mistakenly issue
a building permit which violates the provisions of this chapter, that
building permit shall be invalid.
E.
Expiration and extension of building permits.
(1)
Any building permit issued by the Building Department
or the Building Inspector shall expire automatically one year after
the date of issuance.
(2)
Upon such good cause shown to the satisfaction of
the Building Inspector, which good cause at the discretion of the
Building Inspector shall include a situation deemed a hardship to
the satisfaction of said Building Inspector, said Inspector is authorized
to grant not more than two ninety-day extensions, or a total of 180
days, except that no extension shall be granted unless the proposed
construction conforms to the provisions of this chapter in effect
at the time application for extension is made. Said extensions may
only run consecutively and shall commence on the day following the
expiration of the original permit or first extension thereof.
A.
Notwithstanding any inconsistent provision of this
chapter, the provisions of this chapter herein adopted or the provisions
of a change or amendment hereafter adopted, which provisions establish
or increase lot areas or lot dimensions greater than those of lots
shown on a preliminary subdivision plat for residential use that has
been duly tentatively or finally approved by the Planning Board, the
record owner of such subdivision may petition the Town Board for relief,
provided that such approval shall not have expired under the terms
of the subdivision regulations.[1]
[Amended 5-13-1986 by L.L. No. 7-1986; 9-25-1998 by L.L. No. 34-1998; 7-9-2002 by L.L. No. 26-2002[1]; 3-22-2005 by L.L. No. 11-2005; 11-4-2005 by L.L. No.
59-2005; 12-13-2005 by L.L. No. 70-2005; 8-14-2009 by L.L. No.
38-2009; 11-24-2009 by L.L. No. 52-2009; 11-24-2009 by L.L. No.
54-2009]
A.
An application for a building permit for any use, building or structure shall require site plan approval by the Town Planning Board or, if eligible pursuant to § 330-183.1 of this chapter, an administrative site plan approval by the Town Planning and Development Administrator, except for the following:
(1)
One and two-family detached dwellings; or
(2)
Agricultural buildings and structures; or
(3)
In a nonresidential zoning district, commercial interior renovations for a permitted use that do not increase the required parking, provided that the building permit is accompanied by a commercial compliance certification issued by the Chief Building Inspector pursuant to the standards outlined in § 330-183.4 below.
(4)
A change in tenancy from one permitted use to another permitted use, provided both permitted uses are within the same use classification within the Table of Business Use Regulations as found in § 330-11 of the Town Code and the change of tenancy does not increase the required parking, and provided that the building permit is accompanied by a commercial compliance certification issued by the Chief Building Inspector pursuant to the standards outlined in § 330-183.4 below.
B.
Notwithstanding the requirements of § 330-181A, any one- and two-family detached residential dwellings, including accessory structures, that are to be situated on a lot equal to or greater than 15 acres and located within the Agricultural Overlay District as defined by Article X of this chapter shall also require site plan review and approval by the Town Planning Board.
C.
In all cases where site plan approval is required by §§ 330-181 through 330-184 inclusive, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with plans approved by the Planning Board or an administrative site plan approval by the Town Planning and Development Administrator.
D.
The Planning Board, currently consisting of seven members, was a
duly constituted and organized Board prior to the Building Zone Ordinance
of the Town of Southampton adopted on October 1, 1957, and the same
shall continue in existence, and the members thereof and their terms
of office shall continue as heretofore established.
E.
The Town Board shall by resolution appoint the members of such Board
and designate the Chairperson and Vice Chairperson thereof. In the
absence of the Chairperson, the Vice Chairperson shall serve as Chairperson.
F.
The designation of Chairperson and Vice Chairperson may be withdrawn
at the pleasure of the Town Board. The affected member will continue
to serve as a member unless removed for cause pursuant to Town Law.
G.
The Planning Board shall appoint a Secretary and shall prescribe
rules for the conduct of its affairs.
H.
Any person appointed as a member of the Planning Board shall serve
for a term of seven years, at such compensation as may from time to
time be fixed by the Town Board. After the expiration of the terms
of the members serving on the Planning Board, any member reappointed,
or any successor in office, shall serve for a term of seven years.
If a vacancy shall occur other than by expiration of term, it shall
be filled by the Town Board by appointment for the unexpired term.
However, no such appointment shall exceed seven years. Any new appointment,
reappointment, or appointment to a vacancy shall not exceed seven
years.
In order to re-establish the staggering of appointments and
expiration of terms, Planning Board members shall be appointed as
follows:
[Amended 7-26-2022 by L.L. No. 19-2022]
(1)
For the position expiring in December of 2022, in January of
2023 an individual shall be appointed for a term of one year, with
said term expiring at the end of the calendar year, that is, December
of 2023. Thereafter, the member, or replacement member, shall be appointed
for a term of seven years.
(2)
For the position expiring in December of 2023, in January of
2024 an individual shall be appointed for a term of one year, with
said term expiring at the end of said calendar year, that is, December
of 2024. Thereafter, the member, or replacement member, shall be appointed
for a term of seven years.
(3)
For the position expiring in December of 2024, in January of
2025 an individual shall be appointed for a term of one year, with
said term expiring at the end of said calendar year, that is, December
of 2025. Thereafter, the member, or replacement member, shall be appointed
for a term of seven years.
(4)
For the remaining positions expiring in December of 2025, in
January of 2026:
(a)
One individual shall be appointed for a term of one year, with
said term expiring at the end of said calendar year, that is, December
of 2026;
(b)
One individual shall be appointed for a term of two years, with
said term expiring at the end of the second calendar year, that is,
December of 2027;
(c)
One individual shall be appointed for a term of three years,
with said term expiring at the end of the third calendar year, that
is, December of 2028; and
(d)
One individual shall be appointed for a term of four years,
with said term expiring at the end of the fourth calendar year, that
is, December of 2029.
(e)
Thereafter, each member, or replacement member, shall be appointed
for a term of seven years.
I.
All meetings of the Planning Board shall be open to the public. A
quorum shall consist of four members.
J.
Every decision of the Board shall be by resolution and shall contain
a full record of the findings of the Board in the particular case.
[1]
Editor's Note: This local law expressly supersedes
Town Law § 271, Subdivision 1, wherein no provision is made
for the appointment of a Vice Chairperson when the Chairperson is
absent.
[Amended 5-13-1986 by L.L. No. 7-1986; 9-8-1992 by L.L. No. 39-1992; 9-25-1998 by L.L. No. 34-1998; 12-23-2002 by L.L. No. 58-2002; 12-13-2005 by L.L. No. 70-2005]
In considering and acting upon site plans, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of §§ 330-181 through 330-184 and the accomplishment of the following objectives in particular:
A.
Traffic access. All proposed traffic accessways are
adequate in number, width, grade, alignment and visibility, are located
in proper relationship with intersections, pedestrian crossings and
places of public assembly and are in conformance with overall traffic
safety considerations.
B.
Interior circulation and parking. Adequate off-street
parking and loading spaces are provided to satisfy the parking needs
of the proposed uses on site and the interior circulation system is
adequate to provide convenient access to such spaces consistent with
pedestrian safety.
C.
Landscaping and screening. All required recreation,
parking, service and similar areas are screened, at all seasons of
the year, from view of adjacent residential districts and streets
and the landscaping of the site is in character with that generally
prevailing in the neighborhood and enhances the character of the Town.
D.
Existing development and Master Plan. The development
proposed is at a scale and density consistent with existing development
and with the Master Plan of the Town of Southampton.
E.
Natural features. Due regard shall be paid to all
natural features on and adjacent to the site, including but not limited
to water bodies, drainage courses, wetlands, marshes, dunes, bluffs,
beaches, escarpments, woodlands, large trees, unique plant and wildlife
habitat and flood hazard areas.
F.
Cultural features.
[Amended 7-14-2009 by L.L. No. 30-2009]
(1)
Due
regard shall be paid to all cultural features on and adjacent to the
site, including but not limited to archaeological and paleontological
remains, old trails, historic buildings and sites and agricultural
fields.
(2)
Upon
receipt of a site plan application, if it is determined by the Planning
Department that significant cultural features exist on the site, or
any building on the site is 75 years or older, or the site is located
within a Hamlet Heritage Resource Area, the Planning Department shall
refer the site plan application to the Town Landmarks and Historic
Districts Board for its review and comment. The Landmarks and Historic
Districts Board shall forward its comments to the Planning Board within
30 days of such request for review and comment.
(3)
Upon review, if the Landmarks and Historic Districts Board finds that any building located on the site is 75 years or older or is historically significant, regardless if it is designated as a local, state, or national landmark, due regard shall be paid to this potential heritage resource in the site plan review process. Prior to a determination of said site plan application being complete, the applicant shall submit a comprehensive analysis of such a building for adaptive reuse to the Planning Board, if recommended by the Landmarks and Historic Districts Board. Pursuant to § 330-183B(4), the Planning Board may retain an expert advisor to conduct said adaptive reuse analysis and require payment by the applicant. The analysis shall include, without limitation, a description of the building’s materials, exterior structure, and interior space; the building’s existing and previous uses; a listing of any significant architectural styles or features of the building; a comparison of the building’s visual compatibility with surrounding properties; a description of possible adaptive reuse scenarios; and an identification of the building features to be preserved if the building is adaptively reused. Adaptive reuse analysis may also consider relocation off site, if on-site adaptive reuse is determined to be incompatible with other site plan objectives.
(4)
Waivers.
(a)
For any applicant aggrieved by the requirement to conduct an adaptive
reuse analysis, a waiver may be requested from the Town Planning and
Development Administrator, who shall consider the following to determine
whether a waiver is warranted and shall review the request for a waiver
with the Town Engineer and the Public Safety Administrator:
[1]
The extent of the proposed development and/or disturbance of the
archaeological and historical resources of the site; and
[2]
The compatibility of the proposed development with the aesthetic
resources of the community or with the existing community or neighborhood
character; and
[3]
The compatibility of the proposed development with the recommendations
of the Comprehensive Plan, including the 1999 Update and any amendments
thereto.
(b)
A copy of a request for a waiver shall also be provided to the Landmarks
and Historic Districts Board within five days of receipt by the Town
Planning and Development Administrator.
(c)
All decisions of the Town Planning and Development Administrator
related to said waiver shall be in writing and forwarded to the Planning
Board and the Landmarks and Historic Districts Board.
G.
Pavement. All plazas and other paved areas intended
for use by pedestrians shall use such pavement and plant materials
so as to encourage their use by pedestrians during all seasons of
the year and prevent the creation of vast expanses of pavement.
H.
Lighting. All outdoor lighting is of such nature and
so arranged as to preclude the projection of direct light and glare
onto adjoining properties and streets.
I.
Facades. Building facades shall be compatible with
the surrounding area in scale, color, style and material.
J.
Drainage. The drainage system and layout proposal
will afford an adequate solution to any drainage problems.
K.
Public utilities. The plans for water supply and sewage
disposal are adequate.
L.
Public address or sound system. Any sound or public-address
system shall be such that no sound from a system shall be audible
on adjoining properties or on the adjacent street.
M.
Physically challenged access.
(1)
The plan and building design shall accommodate the
needs of the physically challenged and be in conformance with the
state and federal standards for design and construction concerning
the physically challenged, including but not limited to handicapped
parking requirements.
(2)
For residential developments designated as high-density senior citizen housing or multifamily housing, as defined in Chapter 123, Article IV, established pursuant to but not limited to SC-44, MFPRD and PDD, to the extent practicable, the Planning Board shall ensure that the development shall incorporate certain site design and building construction elements to reduce problems meeting requirements for accessibility pursuant to the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA).
(a)
Residential units, to the extent practicable, shall incorporate universal design standards, as defined in § 330-5, by conformance to the supplemental design requirements listed in Chapter 123, Article IV, Universal Design, as applicable to high-density residential development designated as "senior housing" or "multifamily housing."
(b)
For retirement communities and other age-restricted
high-density residential planned developments, due consideration shall
be given in planning walks, ramps, and driveways to prevent slipping
or stumbling, and handrails and ample places for rest shall be provided.
Gradients of walks shall not exceed 5% and single riser grade changes
in walks shall not be permitted, unless it is impractical to do so
because of terrain or unusual characteristics of the site. All outdoor
areas available to residents shall permit such residents to move about
without danger and with minimum effort.
N.
Energy conservation. The site plan and building design
shall maximize the conservation of energy.
O.
Nothing herein shall preclude the Planning Board from
requiring neighboring properties to participate in the construction
of joint or shared improvements, such as parking, access or drainage,
provided that a problem has been identified which can be mitigated
only by joint action and an implementation plan has been formulated
to institute said mitigation.
Q.
Agricultural Overlay District. In considering site
plan applications for all nonagricultural buildings and structures,
including one- and two-family dwellings and accessory structures,
that are to be situated on a lot equal to or greater than 15 acres
and located within the Agricultural Overlay District, the Planning
Board shall use the following factors to determine the most suitable
location of the buildings and/or structures for the current and future
development of the property and the most suitable area for future
farmland preservation:
(1)
Development areas shall be located on the portion
of the lot where impacts on the loss of prime agricultural soils are
minimized.
(2)
Development areas shall be located on the portion
of the lot where impacts on views and vistas of the farmland areas
from public rights-of-way are minimized.
(3)
Farmland areas shall be located on the portion of
the lot to encourage continuity of farmland and farming operations
on the lot and adjoining properties.
[Amended 5-13-1986 by L.L. No. 7-1986; 9-8-1992 by L.L. No. 39-1992; 9-25-1998 by L.L. No.
34-1998; 6-12-2001 by L.L. No. 20-2001; 1-27-2004 by L.L. No. 2-2004; 12-13-2005 by L.L. No. 70-2005]
A.
Submission. A complete site plan application shall
consist of:
(1)
A completed site plan application form.
(2)
A site plan review fee.
(3)
An environmental assessment form, Part 1, where required by Chapter 157, Environmental Quality Review, of this Code.
(4)
A site plan.
(5)
A
digital copy of all application materials in a format determined,
and changed as needed, by the Town Clerk.
[Added 3-10-2020 by L.L.
No. 2-2020]
B.
Fee. The site plan review fee is based on the area
of the site required to be improved, including any and all areas required
to be altered, excluding the area of any existing or proposed buildings.
(1)
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.
(2)
(Reserved)
(3)
(Reserved)
(4)
In addition to the above required fee, the Planning
Board may require the payment of out-of-pocket expenses incurred by
the Town in studies and/or by retainer of expert advisors related
to the hearing, review and determination of such application. To impose
such additional fee, the Planning Board must provide the applicant
with written notice of its intent to conduct such studies and/or retain
expert advisors. Said notice shall describe the need, scope and cost
estimate of the work to be completed.
(5)
The Planning Board shall have the authority to modify
or waive the site plan review fee in whole or in part where such application
demonstrates, in the Planning Board's judgment, a substantial public
benefit. To modify or waive such fee, the Planning Board must adopt
a resolution, by a vote of a majority plus one, stating its findings.
(7)
The site plan review fee for one- and two-family detached
residential dwellings, including accessory structures, shall be $250.
C.
Site plan. The applicant shall cause a site plan map
at a minimum scale of one inch equals 40 feet to be prepared by an
architect, landscape architect, civil engineer or surveyor. The site
plan shall include those of the elements listed herein which are appropriate
to the proposed development or uses as indicated by the Planning Board
in the presubmission conference. This information, in total, shall
constitute the site plan:
(1)
Legal data.
(a)
The name and address of the owner of record.
(b)
The name and address of the person, firm or
organization preparing the map, sealed with the applicable New York
State license seal and signature.
(c)
The date, North arrow and written and graphic
scale.
(d)
The property description shall be prepared by
a licensed surveyor or civil engineer. The site plan may reference
a land surveyor's map or base reference map. All distances shall be
in feet and hundredths of a foot. All angles shall be given to the
nearest 10 seconds or closer. The error of closure shall not exceed
one in 10,000.
(e)
The locations, names and existing widths of
adjacent streets and curblines.
(f)
The location and owners of all adjoining lands,
as shown on the latest tax records.
(g)
The location, width and purpose of all existing
and proposed easements, setbacks, reservations and areas dedicated
to the public use within or adjoining the property.
(h)
A complete outline of existing easements, deed
restrictions or covenants applying to the property.
(i)
Existing zoning.
(2)
Natural features.
(a)
Existing contours with intervals of two feet
or less referred to a datum satisfactory to the Planning Board. In
addition, spot elevations will be required where contour elevations
are less than two feet on the site.
(b)
The approximate boundaries of any areas subject
to flooding or stormwater overflows.
(3)
Existing structures and utilities.
(a)
Outlines of all structures and location of all
uses not requiring structures.
(b)
Paved areas, including parking areas, sidewalks
and vehicular access between the site and public streets.
(c)
Locations, dimensions, grades and flow direction
of any existing culverts or waterlines, as well as other underground
and aboveground utilities within and adjacent to the property.
(d)
Other existing development, including fences,
landscaping and screening.
(e)
The location and use of all buildings and structures
within 200 feet of the boundary of the subject property.
(4)
Proposed development.
(a)
The location of proposed buildings or structural
improvements, indicating setbacks from all property lines and horizontal
distances from existing structures.
(b)
The location and design of all uses not requiring
structures, such as off-street parking and loading areas and pedestrian
circulation. Parking calculations shall be shown.
(c)
The location, direction, power and time of use
for any proposed outdoor lighting or public-address systems.
(d)
The location and plans for any outdoor signs
which must be in accordance with applicable sign regulations.
(e)
Grading and drainage plans shall be based on
a rainstorm retention volume of three inches total, including two
inches minimum within leaching structures and one inch in ponding
or a combination thereof; drainage calculations, contours and spot
grade elevations to be shown.
[Amended 5-11-2021 by L.L. No. 19-2021]
(f)
Landscaping, buffering and street tree plans,
including material size, quantity and location. A list of plantings
shall also be shown.
(g)
The location of water and sewer mains, electrical
service and cablevision installations, location of water valves and
hydrants and/or any alternate means of water supply and sewage disposal
and treatment.
(h)
An indication that all storage areas for materials,
vehicles, supplies, products or equipment shall be located in either
a side or rear yard in compliance with this chapter and that such
areas are adequately fenced or screened.
(i)
If the site plan only indicates a first stage,
a supplementary plan shall indicate ultimate development.
(j)
The location of any fire hydrant, cistern, well
or other fire-protection device.
(k)
Any other information deemed by the Planning Board to be necessary to determine conformity of the site plan with the spirit and intent of this chapter, specifically including any such information necessary to allow the Architectural Review Board to provide a timely advisory report as provided in § 330-170C of this chapter.
(l)
All site plans for properties situated on a
lot equal to or greater than 15 acres located within the Agricultural
Overlay District, in addition to the above requirements, shall depict
the location of all proposed structures, identify future development
and farmland preservation areas, and provide relevant soil data information.
(m)
All site plans for private, industrial, institutional, or commercial
establishments shall provide suitable covered and secured recycling
containers to prevent the dispersal of their contents about the premises
or elsewhere.
[Added 5-11-2021 by L.L. No. 19-2021]
(5)
Unless waived by the Planning Board, plans for all
required improvements must be submitted by a professional engineer
or licensed architect or, if appropriate, a registered landscape architect.
Installation of such improvements must be under the direct supervision
of a registered architect or licensed engineer.
D.
Site plans for one- and two-family detached residential dwellings, including accessory structures. Unless the Planning Board deems additional information necessary, the site plan for one- and two-family detached residential dwellings, including accessory structures, shall be based upon a survey of the property and shall depict the location of all proposed structures and identify future development and farmland preservation areas. Where necessary, the Planning Board may request the applicant to submit topographic data, soil data, aerial photographs, or a sketch of a proposed open space subdivision to determine the compatibility of the proposed development with the provisions of Chapter 247 of the Town Code.
[Added 11-24-2009 by L.L. No. 54-2009]
A.
In accordance with the procedures required below by § 330-183.3 for administrative site plan applications, the following applications shall be eligible for administrative site plan review:
(1)
Amendments or modifications to previously approved site plans
so long as:
(a)
The lot coverage is not increased or decreased by more than
10% or 1,000 square feet, whichever is less, except for small-scale
solar installations; and
[Amended 2-28-2023 by L.L. No. 9-2023]
(b)
The floor area is not increased or decreased by more than 10%
or 1,000 square feet, whichever is less; and
(c)
The footprint of proposed structures and accessory structures
occupy a minimum of 90% of the same footprint of the approved plan;
and
(d)
The amendment or modification to the previously approved site
plan conforms with the zoning requirements in place at the time of
the application for administrative site plan review.
(2)
In a nonresidential zoning district, interior commercial renovation so long as the interior commercial renovation does not require additional parking of not more than 10 spaces that can be accommodated without requiring an increase in lot coverage more than what would make the application eligible for administrative site plan review pursuant to § 330-183.1A(1)(a).
(3)
Change of tenancy from one permitted use to another permitted use in an already approved commercial site plan so long as the proposed use of the new tenant requires additional parking of not more than 10 spaces that can be accommodated without requiring an increase in lot coverage more than what would make the application eligible for administrative site plan review pursuant to § 330-183.1A(1)(a).
(4)
Renewal of expired conditionally approved site plans for a period
of not more than nine months, provided that not more than one renewal
of the conditionally approved site plan has previously been granted
and not more than three years have passed since the conditionally
approved site plan expired.
(5)
Renewal of expired approved site plans for a period of not more
than nine months, provided that not more than one renewal of the approved
site plan has previously been granted and not more than three years
have passed since the approved site plan expired.
(6)
Interior renovations of already approved commercial site plans
so long as the Town Planning and Development Administrator is in receipt
of a written determination of the Public Safety Administrator/Chief
Fire Marshal that the proposed changes will not have an adverse impact
on safety, including, but not limited to, the ability of the structure
to be evacuated in the event of an emergency, the maximum rated occupancy
of the interior commercial space, and the provisions for smoke detection
and fire suppression systems.
(7)
Changes to signage as approved by the Planning Board as part
of an approved site plan.
(8)
Installation of roof-mounted solar system on existing commercial
building which has been issued a certificate of occupancy/compliance.
[Added 2-28-2023 by L.L. No. 9-2023]
(9)
Approval of solar installations and other capital improvements to
municipally owned properties that are the subject of a RFP/bid and
approval process at the Town Board level so long as said municipal
project is the subject of a public hearing and the Town Board refers
said project to the Planning Board for recommendations. In such cases,
the Town Planning and Development Administrator shall also request
a written determination of the Public Safety Administrator/Chief Fire
Marshal regarding safety and fire considerations.
[Added 2-28-2023 by L.L. No. 9-2023]
(10)
Approval of a solar canopy over previously approved parking areas, so long as the Town Planning and Development Administrator finds it to be in compliance with the applicable Code provisions of § 330-76L along with any aesthetic and fire safety recommendations provided.
[Added 2-28-2023 by L.L. No. 9-2023]
[Added 11-24-2009 by L.L. No. 54-2009]
A.
Submission. A complete administrative site plan application shall
consist of:
(1)
A completed administrative site plan application form.
(2)
An administrative site plan review fee.
(a)
A fee schedule shall be established, and modified from time
to time, by resolution of the Southampton Town Board. A copy of the
fee schedule shall be on file with the Town Clerk's office and the
Department of Land Management.
(b)
The Town Planning and Development Administrator shall have the
authority to modify or waive the site plan review fee in whole or
in part where such application demonstrates, in the Town Planning
and Development Administrator's judgment, a substantial public benefit.
To modify or waive such fee, the Town Planning and Development Administrator
must make a written determination of its findings and reasoning for
modifying or waiving such fee and file the determination with the
Supervisor, members of the Town Board and the Town Clerk.
(3)
An environmental assessment form, Part 1, where required by Chapter 157, Environmental Quality Review, of this Code.
(4)
A site plan.
(a)
If an applicant is eligible for administrative site plan review pursuant to § 330-183.1A(2); (3); (4); (5); or (6), a site plan shall not be required as part of a submission so long as site conditions have not changed since the submittal of the most recently approved site plan on file in the Department of Land Management. If an applicant is eligible for administrative site plan review pursuant to § 330-183.1A(7), full color elevations of the approved signage and the proposed signage shall be required. Nothing within this section shall prevent the Town Planning and Development Administrator from requiring a site plan for these applications if in its sole discretion it determines that other information is deemed necessary to determine conformity of the proposed site plan with the spirit and intent of this chapter.
(b)
For applications for administrative site plan review pursuant to § 330-183.1A(1), the applicant shall cause a site plan map at a minimum scale of one inch equals 40 feet, to be prepared by an architect, landscape architect, civil engineer or surveyor that shall include the elements included in § 330-183 of this chapter. The Town Planning and Development Administrator at its discretion shall have the authority to allow the site plan to omit those elements not necessary for making a determination on the issuance of an administrative site plan approval. In addition, nothing within this section shall prevent the Town Planning and Development Administrator from requiring additional elements not included in § 330-183 if in its sole discretion it determines that other information is deemed necessary to determine conformity of the proposed site plan with the spirit and intent of this chapter.
(c)
Unless waived by the Town Planning and Development Administrator,
plans for all required improvements must be submitted by a professional
engineer or licensed architect or, if appropriate, a registered landscape
architect. Installation of such improvements must be under the direct
supervision of a registered architect or licensed engineer.
(5)
A digital copy of all application materials in a format determined,
and changed as needed, by the Town Clerk.
[Added 3-10-2020 by L.L.
No. 2-2020]
[Added 11-24-2009 by L.L. No. 54-2009]
A.
Administrative site plan review shall commence with an applicant providing a submission of an administrative site plan application consistent with § 330-183.3 to the Department of Land Management.
B.
Within five days of receipt of the administrative site plan review application by the Department of Land Management, if the application is for interior renovations of an already approved commercial site plan pursuant to § 330-183.1A(5), the Town Planning and Development Administrator shall forward the application to the Public Safety Administrator/Chief Fire Marshal for a written determination that the proposed changes will not have an adverse impact on safety, including, but not limited to, the ability of the structure to be evacuated in the event of an emergency, the maximum rated occupancy of the interior commercial space, and the provisions for smoke detection and fire suppression systems.
C.
The Public Safety Administrator/Chief Fire Marshal shall have 25
days to review the application and make said written determination
as to the impacts on safety caused by the proposed application. If
necessary, the Public Safety Administrator/Chief Fire Marshal shall
require conditions necessary to mitigate any adverse impact on safety
resulting from said proposed changes. The Public Safety Administrator/Chief
Fire Marshal shall notify the applicant and the Town Planning and
Development Administrator of said determination by first-class mail.
D.
Within 10 days of receipt of the administrative site plan review
application by the Department of Land Management, the Town Planning
and Development Administrator shall determine whether the application
is complete. The Town Planning and Development Administrator shall
notify the applicant by first-class mail of said determination. If
the Town Planning and Development Administrator deems the application
incomplete, the notice mailed shall list the elements of the submission
that are in need of amendment in order for the application to be deemed
complete.
E.
F.
In determining whether to approve an application, the Town Planning
and Development Administrator shall consider the following factors:
(1)
The size of the subject parcel.
(2)
The proximity of the applicant's premises to pine barrens, wetlands,
endangered plant and animal species, wildlife and other similar environmental
concerns.
(3)
The extent of the proposed development and/or disturbance of
the applicant's premises.
(4)
The environmental significance, if any, of the applicant's parcel
and the proposed development's impact upon the environment, including
existing transportation resources.
(5)
Compatibility of the proposed development with the aesthetic
resources of the community or with the existing community or neighborhood
character.
(6)
Compatibility of the proposed development with the recommendation
of the 1999 Comprehensive Plan Update and all previous Comprehensive
Plans starting with the Town's 1970 Master Plan.
(7)
Compatibility of the proposed development with the preliminary
recommendations of the area-wide strategy study.
(8)
Dimensional compatibility of the proposed modifications with
already approved site plan.
(9)
Compatibility with architectural and design elements of the
already approved site plan.
(10)
Changes in traffic, development or use of surrounding properties
and roads since the approval of approved site plan.
(11)
If the Public Safety Administrator/Chief Fire Marshal shall
have required conditions to mitigate any adverse impact on safety
resulting from the proposed changes in the interior commercial renovations,
they shall be incorporated as conditions in any approval of the administrative
site plan.
G.
A statement shall be placed on all written determinations for administrative
site plans approved by the Town Planning and Development Administrator
to the effect that the owner(s) agree(s) to comply with the plan and
all conditions noted thereon. The owner(s) or a bona fide agent responsible
for completion of the work shall be required to sign such statement
and provide such guaranty before any approved plans will be released
by the Town Planning and Development Administrator. In the event that
the site plan is not signed by the owner or his agent within 90 days
of the date of the written determination of the Town Planning and
Development Administrator approving the administrative site plan,
said written determination shall be deemed null and void.
H.
Town Planning and Development Administrator shall at least once per
month forward a list of all written determinations approving administrative
site plans to the Town Board, Public Safety Administrator/Chief Fire
Marshal and the Town Planning Board.
[Added 11-24-2009 by L.L. No. 54-2009]
A.
A commercial compliance certification shall be required prior to the issuance of a building permit pursuant to § 330-181A(3) or (4). The Chief Building Inspector shall issue a commercial compliance certification after reviewing the proposed change in tenancy or interior commercial renovation and determining that the proposed changes substantially conform to all of the following:
(1)
The New York State Building and Fire Prevention and Property
Maintenance Codes.
(2)
Applicable federal and state regulations for the provision of
handicapped access.
(3)
Screening of dumpsters pursuant to § 330-108B(3).
(4)
Conditions recommended by the Public Safety Administrator/Chief
Fire Marshal following review of the proposed changes to mitigate
any adverse impact on safety, including, but not limited to, the ability
of the structure to be evacuated in the event of an emergency, the
maximum rated occupancy of the interior commercial space, and the
provisions for smoke detection and fire suppression systems.
(5)
Other administrative requirements as promulgated from time to
time by the Chief Building Inspector and filed with the Town Clerk
and the members of the Town Board.
B.
The Chief Building Inspector shall annually review and distribute
the administrative requirements for commercial compliance certification.
C.
If the Chief Building Inspector finds after reviewing the proposed change in tenancy or interior commercial renovation and determining that the proposed changes do not substantially conform to the requirements of § 330-183.4A, he shall refer the application to the Town Planning and Development Administrator and said application shall be eligible for administrative site plan review. Nothing within this section shall prevent the Town Planning and Development Administrator from referring the application to the full Planning Board pursuant to § 330-183.3E(3).
[Amended 5-13-1986 by L.L. No. 7-1986; 5-12-1992 by L.L. No. 20-1992; 4-12-1994 by L.L. No. 18-1994; 9-25-1998 by L.L. No. 34-1998; 7-24-2001 by L.L. No. 27-2001; 11-12-2002 by L.L. No. 43-2002; 12-10-2002 by L.L. No. 50-2002]
A.
Presubmission conference. Prior to the submission
of a site development plan described below, the applicant or his/her
agent shall meet with the Planning Board. The purpose of such conference
shall be to discuss proposed uses or development of the site and to
allow the Planning Board to determine conformity with the provisions
and intent of this chapter, including, but not limited to, a discussion
and preliminary analysis pursuant to the State Environmental Quality
Review Act (SEQRA). The public may listen to participate in, and comment
on said discussion during the presubmission conference.
[Amended 11-24-2009 by L.L. No. 55-2009]
(1)
The
following projects shall be subject to the presubmission conference
requirement herein:
(a)
The construction or placement of any new nonresidential building
or structure, including an accessory building or structure;
(b)
The expansion of an existing nonresidential building or structure,
including an accessory building and structure, which results in an
increase in the total floor area;
(c)
The conversion of an existing building, in whole or in part, from
a residential use to a nonresidential or mixed use;
(d)
The establishment of a new nonresidential use, even if no structure(s)
is proposed, including, but not limited to, uses such as sand mines,
cemeteries, golf courses, wireless communications facilities, and
other nonstructural nonresidential uses;
(e)
The conversion of an existing nonresidential use, in whole or in
part, to another nonresidential use such that it increases the intensity
of on- or off-site impacts;
(f)
The construction of a multifamily building or the conversion of an
existing residential structure containing one or two dwelling units
to a multifamily structure;
(g)
The construction or expansion of paved areas or other impervious
surfaces, including, but not limited to, walkways, access drives,
and parking lots, involving an area of 2,000 square feet or greater
within any two two-year period;
(h)
Land disturbance, clearing, grading, or filling involving 2,000 square
feet or greater.
[Amended 6-22-2010 by L.L. No. 19-2010]
(2)
The
following projects shall be excluded from the presubmission conference
requirement herein:
[Added 6-22-2010 by L.L. No. 19-2010[1]]
(a)
Applications for a change of zone, including planned development
districts, approved by the Town Board, within five years from the
date of approval.
(b)
Use variance applications that were approved by the Zoning Board
of Appeals, within five years from the date of approval.
(c)
Applications for fire, police, ambulance, or other emergency services.
[1]
Editor's Note: This local law also provided for the renumbering
of former Subsection A(2) through (8) as Subsection A(3) through (9),
respectively.
(3)
Notwithstanding
the above list, prior to the submission of a site development plan,
the applicant or his/her agent may meet with the Planning Board for
the above-described purposes.
(4)
The
Planning Board shall publish notice of said conference at least 10
days prior to the scheduled date of the conference, in a newspaper
of general circulation. No additional advertisement shall be required
for any adjournment date.
(5)
In
addition, the applicant or his/her agent shall erect or cause to be
erected a sign, which shall be displayed on the parcel for which the
conference is to be held, facing each public street on which the property
abuts, giving notice that a conference will be held before the Town
Planning Board for site plan approval and stating the time and place
where the conference will be held. The sign shall not be located more
than 10 feet from the street line and shall not be less than two nor
more than six feet above the natural grade at the street line. The
sign shall be furnished by the Planning Board, and only such sign(s)
shall be used. The sign shall be displayed not less than 10 days immediately
preceding the presubmission conference or any adjournment date. The
applicant shall file an affidavit with the Planning Board that he/she
has complied with the provisions of this section. Failure to submit
such affidavit shall result in the adjournment of the presubmission
conference and reposting pursuant to this section.
(6)
Within 30 days following said presubmission conference, the public may submit written comments to the Planning Board regarding the applicant's proposed project, which comments are relevant to the objectives of the site plan review process as articulated in §330-182 herein and SEQRA.
(7)
Within
45 days following said presubmission conference, the Planning Board
shall issue a report providing the applicant with feedback and/or
comments which may include a short description of issues the applicant
should address going forward, any additional information the Board
may want to review, and a brief statement of the Board’s approach
to the proposed project.
(8)
Nothing
shall preclude or bind the Planning Board from issuing or changing
its recommendation if new information or a change in circumstances
arises at or prior to the next formal application stage. The report
of the Planning Board shall be valid for a period of one year from
the date of issuance. No further Planning Board action will be taken
after such expiration until a new presubmission conference has been
held.
(9)
The
fee for said presubmission conference applications shall be established,
and changed as needed, by resolution of the Southampton Town Board.
A copy of the fee schedule is on file in the Town Clerk's office and
the Department of Land Management.
B.
Within
one year following the presubmission conference, nine copies of the
site development plan application and any related information shall
be submitted to the Planning Board. Within 30 days of receipt of the
application, the Planning Board shall determine whether said application
is complete. If the Planning Board determines said application to
be incomplete, it shall forthwith notify the applicant wherein said
application is deficient. The Planning Board may extend the time within
which the applicant must submit a complete application beyond this
one-year period in the Board's discretion and on a case-by-case basis.
[Amended 11-24-2009 by L.L. No. 55-2009]
C.
If the Planning Board determines said application
to be complete, it shall, within five business days of such determination,
transmit the application and/or solicit comments and review from the
Fire Marshal, the Fire Department with jurisdiction, the Architectural
Review Board or other municipal or county agency or district with
jurisdiction or potentially affected by the proposed development.
For input from agencies under contract to provide ambulance/emergency
medical services to the subject property, the Planning Board shall
refer site plans to the EMS Advisory Association for its recommendations.
The applicant shall be required to provide to the Planning Board,
as part of the application, the name and address of the applicable
fire department, and other municipal agencies or districts with jurisdiction
over the subject property or potentially affected by the proposed
development.
(1)
The Fire Marshal, the Fire Department with jurisdiction,
or other municipal agencies or districts with jurisdiction, including
agencies under contract to provide ambulance/emergency medical services
to the subject property, shall forward their comments to the Planning
Board within 30 days of such request for comments and preliminary
review. No response following such thirty-day period shall be construed
as no potential adverse impacts to community services solicited upon
preliminary review and no additional requirements deemed necessary
by such agency for consideration by the Board in its approval of the
site plan.
(2)
Site plans within the Agricultural Overlay District
shall also be referred to the Agricultural Advisory Committee for
its recommendations.
D.
For all applications submitted on or after the effective
date of this amendment, if the Planning Board determines that a public
hearing is necessary, it shall schedule and hold the same within 62
days of determining said application to be complete. In determining
whether or not to hold a public hearing, the Planning Board shall
consider the degree of public interest in the application, and the
extent to which a public hearing can aid the decision-making process
by providing a mechanism for collection of relevant data.
[Amended 5-22-2007 by L.L. No. 27-2007]
(1)
Notice of such hearing shall be made by publication
at least 10 days prior to such hearing in the official newspaper of
the Town.
(2)
With respect to site plans for one- and two-family
dwellings within the Agricultural Overlay District, the maximum time
period to schedule and hold a public hearing as set forth herein shall
be limited to 30 days.
(3)
In addition, the applicant shall erect or cause to
be erected a sign which shall be displayed on the parcel upon which
the site plan application is made, facing each public street to which
the property abuts, giving notice that an application has been made
to the Southampton Town Planning Board for site plan approval along
with the time and place of the hearing. The sign shall not be located
more than 10 feet from the street line and shall not be less than
two feet nor more than six feet above the natural grade at the street
line. The sign shall be furnished by the Planning Board and shall
be the only sign to be used. The sign shall be displayed not less
than 10 days immediately preceding the public hearing or any adjournment
date. The applicant shall file an affidavit with the Planning Board
that he/she has complied with the provisions of this section prior
to the opening of the public hearing.
(4)
For all applications submitted on or after the effective
date of this amendment, the applicant shall mail notice of the public
hearing date, at least 10 days prior thereto, to every property owner,
as shown on the current Town of Southampton assessment rolls, of parcels
abutting and/or directly opposite (by way of extension of lot lines
through the street right-of-way) the property which is the subject
of the public hearing. Such notice shall be by either certified or
registered mail, return receipt requested. Proof of such notice shall
consist of a copy of the assessment roles, the return receipts, and
an affidavit attesting to compliance with this mailing notification.
Such proof shall be submitted to the Planning Board prior to the public
hearing. No additional mailing shall be required for an adjournment.
[Amended 1-22-2008 by L.L. No. 6-2008]
E.
Within 62 days of the conclusion of the public hearing
or, if none was held, within 62 days of determining the application
to be complete, the Planning Board shall determine whether the site
development plan application complies with the purposes and specifications
of the Zoning Code and shall so inform the Building Inspector and
Town Clerk and the applicant, in writing, of its approval, approval
with modifications, or disapproval. This sixty-two-day period may
be extended by the Planning Board upon the written consent of the
applicant or as may be permitted under the State Environmental Quality
Review Act[2] as implemented by the Town Code. Failure by the Planning
Board to render such decision within the time periods set forth herein
shall be deemed an approval of the site development plan application.
With respect to site plans for one-and two-family dwellings within
the Agricultural Overlay District, the maximum time periods within
which the Planning Board must make its decision as set forth herein
shall be limited to 30 days.
[2]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
F.
No application shall be deemed complete until either a negative declaration has been made for the application pursuant to the State Environmental Quality Review Act (SEQRA), as implemented by Chapter 157 of the Town Code, or, if a positive declaration is made, until a draft environmental impact statement has been accepted by the Planning Board as satisfactory with respect to scope, content and adequacy. Reasonable time shall be provided for compliance with SEQRA, including the preparation of a final environmental impact statement.
G.
Amendments to a site development plan shall be acted
upon in the same manner as the approval of the original plan. Any
applicant who receives site plan approval will be required as a condition
of approval to execute an affidavit which states that the applicant
will notify the new property owner of the special conditions to the
site plan approval in the event that they sell the property.
H.
An approved site development plan shall be valid for
a period of two years from the date of approval. All work proposed
on the plan shall be complete within two years from the date of approval
unless a longer period was approved or the applicant obtains an extension
from the Planning Board.
I.
No regrading, clearing, tree removal or any other
work in preparation of future use of a site may take place until site
plan approval or written permission has been received from the Planning
Board.
J.
In the case of a site plan application requiring a
zoning variance, the site shall be subject to a preliminary review
by the Planning Board development plan prior to action on said application
by the Board of Appeals. Building permits issued pursuant to a variance
shall be in accordance with conditions established by the Board of
Appeals
K.
A statement shall be placed on all site plans approved
by the Planning Board to the effect that the owner(s) agree(s) to
comply with the plan and all conditions noted thereon. The owner(s)
or a bona fide agent responsible for completion of the work shall
be required to sign such statement and provide such guaranty before
any approved plans will be released by the Planning Board. In the
event that the site plan is not signed by the owner or his agent within
90 days of the date of the resolution of the Planning Board approving
the plan, said resolution shall be deemed null and void.
L.
To obtain a building permit, an applicant may submit
an undertaking secured by cash or other acceptable surety acceptable
to the Town Board to guarantee performance of required improvements.
No certificate of occupancy shall be issued nor any undertaking released
until all requirements of site plan approval, including construction
of improvements, are completed in a manner satisfactory to the Town
Board.
M.
Where a site plan application also requires approval
by the Planning Board for a special exception use, any building permit
which is issued shall be in accordance with both the conditions established
for the special exception use as well as for the site plan. Where
both special exception use and site plan approval are required, the
Planning Board may process the applications concurrently.
N.
With respect to site plans for one- and two-family
dwellings within the Agricultural Overlay District, the Planning Board's
determination shall be limited to the delineation of the area within
which development and future farmland preservation may take place
and shall not encompass architectural review or the planning of site-specific
improvements within the development area.
[Added 9-22-1998 by L.L. No. 31-1998]
Any violation of the approval or conditions, including specific covenants or easements, established by the Planning Board with respect to a specific site plan application shall be deemed a violation of this chapter punishable under the provisions of § 330-186.
[Amended 6-28-1988 by L.L. No. 10-1988; 12-26-1989 by L.L. No. 27-1989; 8-10-1999 by L.L. No. 23-1999; 6-12-2001 by L.L. No. 20-2001; 5-3-2002 by L.L. No. 6-2002; 12-10-2002 by L.L. No.
50-2002; 1-27-2004 by L.L. No. 2-2004; 2-27-2007 by L.L. No. 6-2007; 3-25-2008 by L.L. No. 15-2008]
A.
The Town Board may, on its own motion or on petition
or on recommendation of the Planning Board, amend, supplement or repeal
the regulations and provisions of this chapter, including the Zoning
Map, after public notice and hearing in accordance with state law.
B.
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. Petitions for amendments shall be submitted in
quadruplicate to the Town Clerk's office. In addition to the above-referenced
fee schedule, the Town Board may require an applicant to pay an amount,
to be held in escrow and ultimately disbursed, to pay the costs incurred
by the Town for all consulting services it may reasonably seek to
engage, including, but not limited to, archaeological, engineering,
planning, legal and clerical costs incurred in processing and review
of a proposed change of zone application. Such amount deemed necessary
for escrow shall be reasonably related to costs attendant to the Town's
review, and such amount shall be computed by the Town Board in consultation
with the applicant. Further, if such escrow payment is deemed necessary,
this fee shall be in addition to and exclusive of any fee(s) properly
assessed to the applicant in connection with the SEQRA process.
C.
Public work session for change of zone.
(1)
Prior to the submission of a formal change of zone
application, the proposed project will be the subject of a public
work session before the Town Board where the applicant will present
the proposed project and the Department of Land Management Administrator,
or his designee, will submit a report and recommendation for the Town
Board to consider.
(2)
Prior to the submission of a formal change of zone
application, the applicant shall submit the following documents:
(a)
The name and address of the owner of record.
(b)
The location and owners of all adjoining lands,
as shown on the latest tax records.
(c)
The proposed concept plan, at a minimum scale
of one inch equals 40 feet, to be prepared by an architect, landscape
architect, civil engineer or surveyor, to include the date prepared;
North arrow; written and graphic scale; and the name and address of
the person, firm or organization preparing the concept plan, sealed
with the applicable New York State license seal and signature.
(d)
A complete outline of existing easements, deed
restrictions or covenants applying to the property.
(e)
Where applicable, a statement setting forth
the specific community benefits or amenities to be offered or incorporated
in the project, and the specific zoning incentive or benefit sought.
(f)
Where applicable, a preliminary market or demographic
analysis that supports the project's feasibility.
(3)
The Town Board may consider the proposed uses or development
in order to enable the applicant to obtain input as to form, design,
conformity to the Comprehensive Plan, development constraints, zoning
issues, environmental impacts, community benefits, impacts on the
school districts and other issues.
(4)
After the public work session, the Town Board shall elect whether to consider the application. Should the Town Board elect to consider the application, the applicant shall submit a formal application in accordance with § 330-185D. Should the Town Board elect not to consider the application, the applicant shall be notified in writing.
D.
Any petition for a change in the Zoning Map shall
include the following:
(1)
The name of the property owner.
(2)
A map, accurately drawn to an appropriate scale, showing
the proposed zone district boundary changes, property lines, the calculated
areas affected, in acres or square feet, the street rights-of-way
in the immediate vicinity and the lands and names of owners immediately
adjacent to and extending within 500 feet of all boundaries of the
property to be rezoned.
(3)
A metes and bounds description of the proposed amendment.
(4)
In the case of any petition for a change in the Zoning
Map which is subject to review by the Suffolk County Planning Commission
pursuant to §§ 239-l and 239-m of Article 12-B of the
General Municipal Law, the petitioner shall comply with any and all
additional requirements which said Commission may deem necessary.
(5)
A disclosure statement in the form prescribed by the
Town Board.
[Amended 8-24-2021 by L.L. No. 23-2021]
(6)
The name and address of the relevant fire department,
ambulance/emergency medical services agency, and other municipal agencies
or districts with jurisdiction over the subject property.
(7)
The name and address of the school district(s) within
which the proposed project lies.
(8)
A
digital copy of all application materials in a format determined,
and changed as needed, by the Town Clerk.
[Added 3-10-2020 by L.L.
No. 2-2020]
E.
Referrals to Planning Board and other agencies.
(1)
Every proposed amendment or change of zone which the
Town Board chooses to consider and schedules a public hearing on,
whether initiated by the legislative body or upon petition, shall
be referred by the Town Board to the Planning Board for report and
recommendations. Within 30 days of the date of the Planning Board
meeting at which referral is received, the Planning Board shall report
its recommendation back to the Town Board. In preparing its report
and recommendation for a change of zone application, the Planning
Board shall take into consideration the recommendations of the Town
Comprehensive Plan, the existing nature and arrangement of land uses
in the area, the relationship of the proposed design and location
of buildings on the site, traffic circulation both on and off the
site, the adequacy of available community facilities and utilities
to service the proposed development, compliance of the proposed development
with the standards and requirements of this chapter, the then-current
need for the requested use(s) and such other factors as may be appropriately
related to the purpose and intent of this article and the Town Code.
No final action shall be taken by the Town Board until receipt of
the Planning Board report or the expiration of the Planning Board
review period, whichever comes first. Such review period may be shortened
or extended by the Town Board.
(2)
Every proposed change in the Zoning Map which the
Town Board chooses to consider and schedules a public hearing on,
whether initiated by the legislative body or upon petition, shall
be referred by the Town Board to the Chief Fire Marshal, the Fire
Department with jurisdiction, or other municipal agencies or districts
with jurisdiction, including agencies under contract to provide ambulance/emergency
medical services to the subject, to solicit comments with regard to
potential impacts to community services. For input from agencies under
contract to provide ambulance/emergency medical services to the subject
property, the Town Board shall refer site plans to the EMS Advisory
Association for its recommendations. The Town Board shall also refer
the application to the school district in which the proposed project
lies. As part of the application, the petitioner shall be required
to provide to the Town Board the name and address of the applicable
fire department, ambulance/emergency medical services agency, and
other municipal agencies or districts with jurisdiction over the subject
property and the school district in which the proposed project lies.
(3)
Should the school district within which the project
lies, the Chief Fire Marshal, the Fire Department with jurisdiction,
or other municipal agencies or districts with jurisdiction, including
agencies under contract to provide ambulance/emergency medical services
to the subject property, wish to provide comments for the Town Board
consider, they shall forward their comments to the Town Board within
30 days of such referral. No response following such thirty-day period
shall be construed as no potential adverse impacts to community services
solicited upon preliminary review and no additional requirements deemed
necessary by such agency for consideration by the Board in its approval
of the change to the Zoning Map.
(4)
Every proposed change in the Zoning Map within the
Agricultural Overlay District which the Town Board chooses to consider
and schedules a public hearing on shall also be referred to the Agricultural
Advisory Committee for its recommendations and should such committee
wish to provide comments for the Town Board to consider it shall forward
its comments to the Town Board within 30 days of such referral. No
response following such thirty-day period shall be construed as no
potential adverse impacts to community services solicited upon preliminary
review and no additional requirements deemed necessary by such agency
for consideration by the Board in its approval of the change to the
Zoning Map.
(5)
Planning Board report. In preparing its report and
recommendation, the Planning Board shall take into consideration the
recommendations of the Town Comprehensive Plan, the existing nature
and arrangement of land uses in the area, the relationship of the
proposed design and location of buildings on the site, traffic circulation
both on and off the site, the adequacy of available community facilities
and utilities to service the proposed development, compliance of the
proposed development with the standards and requirements of this chapter,
the then-current need for the requested use(s) and such other factors
as may be appropriately related to the purpose and intent of this
article and the Town Code.
F.
Proposed amendments that must be referred to the Suffolk
County Planning Commission under the provisions of §§ 239-l
and 239-m of Article 12-B of the General Municipal Law shall be transmitted
as soon as possible and, in any case, prior to the public hearing.
G.
The Town Board shall require the petitioner to submit
evidence that he has notified by certified mail, return receipt requested,
all the property owners within 500 feet of all boundaries of the affected
property, as shown on the latest Town tax roll. Change of zones initiated
by the Town Board shall also comply with this notification provision.
H.
The Town Board shall reserve decision of all zoning
amendments or changes that must be referred to the Suffolk County
Planning Commission until its report has been presented, provided
that such report is presented within a period of 45 days after the
Suffolk County Planning Commission receives such referral. Where the
Town Board has referred the matter to the Planning Board, the Town
Board will wait 30 days to receive such report before taking final
action.
I.
Town Board action. Should the Town Board act either
to approve or disapprove the amendment, a copy of the resolution containing
the Town Board's decision shall be forwarded to the Planning Board
and to the applicant. A copy shall also be placed on file in the office
of the Town Clerk, and, if in the form of an approval, the official
copy of the Town Zoning Map shall be amended accordingly.
J.
Upon adoption of a change in the Zoning Map pursuant
to a petition, the petitioner shall cause a monument to be placed
at one location on the property's street frontage and shall also file
with the Town Clerk and the Building Inspector copies of an accurate
survey description and drawing of the area affected by such amendment.
[Added 4-13-2021 by L.L. No. 13-2021]
A.
With
respect to legally existing nonconforming uses, the Town Board shall
consider an application to approve a change in a legally existing
nonconforming use, provided that:
(1)
The use has been certified by the Chief Building Inspector as a legally
preexisting nonconforming use that has not been abandoned;
(2)
The proposed use must be: (i) identified on one of the Town Code's
Tables of Use Regulations; (ii) more conforming than the current use
in terms of community impacts and environmental impacts; and (iii)
more in line with the goals of the Town's Comprehensive Plan than
the current use; and
(3)
The use, scale, and density are consistent with what could be achieved
through a related change of zone application, or may be exceeded by
securing variances from the Zoning Board of Appeals.
D.
Applicability. The review of any application submitted to the Zoning Board of Appeals prior to January 1, 2021, shall remain with the Zoning Board of Appeals; howeve,r the Zoning Board of Appeals shall apply the standards set forth in § 330-185.1A.
[Amended 1-14-1986 by L.L. No. 1-1986; 4-13-1993 by L.L. No. 9-1993; 7-30-1999 by L.L. No. 19-1999; 2-11-2003 by L.L. No. 12-2003]
A.
Violations. Where a violation of this chapter has
been committed or shall exist, the owner and the agent or contractor
of the building, structure or lot where such violation has been committed
or shall exist, the lessee or tenant of the part of or of the entire
building, structure or lot where such violation has been committed
or shall exist, and the agent, architect, contractor or any other
person who takes part or assists in such violation or who maintains
any building, structure or lot in which any such violation shall exist
shall be guilty of a violation of this chapter.
B.
Criminal penalties. A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $500 nor more than $1,500 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $1,500 nor more than $2,500 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. This provision shall not apply to § 330-74, which sets forth penalties for offenses for group rental offenses.
C.
Administrative penalty.
(1)
In addition to other remedy available, where a person
has been found guilty of a violation of this chapter after trial or
a plea of guilty, and the Building Inspector determines that the violation
continues to exist 30 days after such conviction, the Building Inspector
shall certify the violation in writing to all other local agencies
responsible for the issuance of approvals and permits under this chapter.
A copy of the certification shall be mailed to the owner of the property
as listed on the most recent assessment roll on file in the Tax Assessor's
office. However, failure to notify the property owner shall not have
any effect on the validity of the certification.
(2)
This certification shall include the location of the
property by Suffolk County Tax Map number, the name of the individual
or entity convicted of the violation and his or her relationship to
the property and the nature of the violation.
(3)
After receipt of the certification, no local board
or agency shall accept, determine to be complete or otherwise process
a new application or issue any approval with respect to a pending
application under this chapter for the subject property.
(4)
Until the violation identified in the certification
has been removed or corrected or the Building Inspector has determined
that the illegality no longer exists by virtue of a valid approval
having been obtained to permit the structure or use that was certified
as a violation, any time periods contained in the Town Law or in this
chapter for action on an application shall be tolled for all purposes.
(5)
This subsection shall not apply to an application
brought to the appropriate local agency for an interpretation, variance,
special use permit or change of zone to permit the structure or use
which is the subject of the certification.
(6)
Alter the violation has been removed or corrected
or no longer exists by virtue of a valid approval having been obtained
to permit the structure or use that was certified as a violation,
the Building Inspector shall immediately rescind the certification
and notify all boards and agencies that received the certification,
in writing, that administrative review of applications on the property
may be resumed.
D.
In addition to other remedies provided by law, any
appropriate action or proceeding, whether by legal process or otherwise,
may be instituted or taken to prevent unlawful erection, construction,
reconstruction, alteration, repair, conversion, moving, maintenance
or use; to restrain, correct or abate such violation; to prevent the
occupancy of such building, structure or lot; or to prevent any illegal
act, conduct, business or use in or about such premises.
