A.
The proposed land uses shown on a plat, whether they are for residential, business, industrial or any other land use, shall conform to the Master Plan and the planning objectives on which it is based, as well as to the requirements of the Zoning Ordinance[1] of the Village of Southampton.
B.
Park and open space requirements.
(1)
If the Planning Board makes a finding that a proper case exists for requiring a park site, each residential plat or site plan shall have a park site consisting of not less than 0.1 acres for every two-dwelling units indicated on the plat or site plan, suitably located for playground or other recreation and open space purposes, including passive recreational uses. In making such determinations, the Planning Board shall refer to the present and anticipated future needs for park and recreational facilities in the Village as set forth in the Comprehensive Plan as well as to terrain and the quality of alternate sites within the same local planning area. Consistent with the provisions of Subsection B(3) of this section, wetland and other unbuildable areas shall not count toward meeting such park requirement but may be included in a park site, so long as the wetland area located in such park site will be adequately protected from destruction and degradation. Park and recreational facilities inaccessible to the general public shall not count toward meeting the requirements in this section.
[Amended 7-11-2024 by L.L. No. 21-2024]
(2)
The Planning Board may require the subdivider to grade such park site in a manner appropriate for its projected use and compatible with its surroundings.
(3)
Where such park site incorporates a unique natural feature or a landmark, the subdivider shall be responsible for the protection of such feature or landmark from any destructive action during the course of the plat development.
(4)
Amount of park fee.
(a)
In cases where the Planning Board makes a finding pursuant to Subsection B(1) above that the proposed subdivision plat presents a proper case for requiring a park, but the Planning Board determines that a suitable park site of adequate size cannot be properly located within the plat, in whole or in part, the subdivider (both major and minor subdivisions) shall be required to pay a park fee to the Village equal in amount to the fair market value at the time of the subdivision procedure of the land area of the subdivision that would otherwise be required for a park site. All such payments shall be held by the Village in a special Park Site Acquisition and Improvement Trust Fund, to be used exclusively either for the acquisition of sites that are properly located for neighborhood park, playground or recreational purposes or for the physical improvement of such sites.
[Amended 7-11-2024 by L.L. No. 21-2024]
(b)
For land improved with one or more dwellings or dwelling units, there shall be excluded from computation of the park fee any lot or unit containing any such dwelling or dwelling unit which has been occupied as a dwelling for at least one month during the two years preceding the date of filing of the application involved.
(c)
In no case shall the park fee in a minor subdivision exceed 5% of the value of the land involved (excluding the lots containing dwellings or dwelling units).
(d)
If one of the vacant lots created in a minor subdivision exceeds 60% of the area of the entire parcel (so that in effect 60% of the entire parcel is left undivided and capable of further subdivision), the area of that lot shall be excluded from the computation of the park fee only if such lot is also large enough to be divided into five or more lots under the applicable zoning requirements.
(e)
In districts other than residence districts, each subdivision shall be submitted to the Board of Trustees, which will fix the park fee in each case.
(f)
In any situation other than a normal subdivision where a matter is made subject to the subdivision review process, as in the case of condominiums, the park fee shall be fixed by using the formulas set forth in this Subsection B(4).
(g)
The Planning Board shall compute the park fees in the manner aforesaid, using appraisals made by real estate brokers, or if there has been a recent sale involving the premises, it may use such sales price if the Planning Board finds that it represents the fair market value.
C.
The arrangement of streets, building lots and other land uses shall be of such character that they can be used safely without danger to health or peril from fire, flood, unstable soil conditions or other menace.
D.
Subdivision designs shall indicate consideration for suitable separation and protection of different types of land uses, including highways.
E.
In carrying out the subdivision policy outlined in § 97-2B, a subdivider of a nonresidential parcel shall be required to place in reserve and offer for dedication such natural features of the site that may be required by the Planning Board, or the Board may require such other restrictions which will support the subdivision policy, including the payment of a park fee in an amount to be fixed by the Board of Trustees.
[Amended 7-11-2024 by L.L. No. 21-2024]