Town of Southampton, NY Road Review

The Road Review Committee shall meet at a monthly meeting to review and consider applications referred to it by the Building Department of the Town of Southampton for the purposes of rendering an advisory recommendation to the Town Board or Town Trustees pursuant to this article.

The Committee shall keep minutes of its proceedings, showing the facts relied upon in making its recommendation, and shall also keep records of its examinations and other official actions.

The Committee may prescribe rules of the conduct of its affairs and may set forth an application form for the purposes of soliciting information pertinent to making the recommendations called for under this article.

The Committee is authorized to charge a fee, established and changed as needed by resolution of the Southampton Town Board, on applications referred to it by the Building Department. This fee shall be charged on a per-lot basis and may be waived by the Committee only where there is a request for renewal of a previous determination and the circumstances under which the previous recommendation was granted have not changed.

[Amended 4-24-2001 by L.L. No. 16-2001; 5-12-2009 by L.L. No. 17-2009]

§ 123-25 Access to roads required for issuance of building permits.

No building permit shall be issued for any building or structure unless a street or highway giving access to said proposed building or structure is an existing state, county or Town highway or Trustee road or a street shown upon a plat approved by the Planning Board, as provided by Chapter 292, Subdivision of Land, of the Town Code and §§ 276 and 277 of the Town Law or a street on an old filed map[1] filed in the office of the Suffolk County Clerk prior to the creation of the Planning Board.

[1]

Editor's Note: See Ch. 243, Old Filed Maps.

For the purposes of this section, "access" shall mean that the lot on which the building or structure is proposed to be erected directly abuts on such street or highway and has sufficient frontage thereon to allow the ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles, and a frontage of 20 feet shall presumptively be sufficient for that purpose.

Before a permit for the erection of any building shall be issued, the street or highway shall be suitably improved to the satisfaction of the Town Board in accordance with the standards and specifications approved by said Board as adequate in respect to the public health, safety and general welfare for the special circumstances of the particular highway. In the case of Trustee roads, said standards and specifications shall be determined by the Town Trustees. Before rendering any determination on any application under this section, the Town Board or Town Trustees shall receive an advisory recommendation from the Road Review Committee. Said recommendation shall set forth the standards and specifications for improvement given the special circumstances of the particular street or highway.

Once the Town Board or Town Trustees have adopted a resolution setting the standards and specifications for the improvement of the street or highway, the Building Department may issue a permit under the following circumstances:

(1)

The owner has satisfactorily completed the improvements set forth in said Town Board or Town Trustee resolution;

(2)

The owner submits an affidavit to the Building Department certifying that he/she understands and accepts the determination made by the Town Board or Town Trustees and that he/she agrees to satisfactorily complete the required improvements before the issuance of a certificate of occupancy; or

(3)

In the discretion of the Town Board or the Town Trustees, a performance bond sufficient to cover the full cost of such improvement as estimated by such Board may be furnished to the Town by the owner. Such performance bond shall be approved by the Town Board with security acceptable to the Town Board as to form, sufficiency and manner of execution. The term, manner of modification and method of enforcement of such bond shall be determined by the Town Board in substantial conformity with § 277 of the Town Law.

Under no circumstances may a building permit be issued where the owner is seeking relief under § 123-26 of this article. In such a case, the building permit may only be issued upon receipt of a determination from the Zoning Board of Appeals and compliance with the conditions set forth under Subsection D of this section.

The determination of the Town Board or Town Trustees under this article shall be valid for a period of one year, unless a building permit has been issued within the one year and is thereafter duly processed to completion.

§ 123-26 Appeals; variances.

Where the enforcement of the provisions of this article would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the structure to be related to existing or proposed streets or highways, the applicant for such a permit may appeal from the decision of the Board of Appeals. The same rules and standards that apply to zoning appeals shall be applicable to such applications. The Board may, in passing on such appeal, make any reasonable exception and authorize the permit subject to conditions that will protect any future street or highway layout. Any such decision shall be subject to review by certiorari order issued out of a Special Term of the Supreme Court in the same manner and pursuant to the same provisions as in appeals from the decisions upon zoning regulations.

§ 123-27 (Reserved)

§ 123-28 (Reserved)

§ 123-29 (Reserved)