Town of Southampton, NY Article III General Application Procedures

§ 292-4 Preapplication procedures.

[Amended 6-26-1993 by L.L. No. 21-1993; 10-23-2001 by L.L. No. 40-2001[1]]

A. The subdivider shall familiarize himself with these subdivision regulations and the Zoning Law.[2] These are available at the office of the Town Clerk.

[2] Editor's Note: See Ch. 330, Zoning.

B. The subdivider shall make a preapplication to the office of the Planning Board, as detailed in Article IV. A digital copy of all application materials shall be submitted in a format determined, and changed as needed, by the Town Clerk.

[Amended 3-10-2020 by L.L. No. 2-2020]

C. The Planning Board shall hold a public hearing on the preapplication. Said public hearing shall be noticed in accordance with the procedures of this chapter and §§ 277 and 278 of the Town Law.

D. The Planning Board shall issue a report to the subdivider as provided for in Article IV.

[1] Editor's Note: Section 3 of this local law provided as follows: "This local law expressly supersedes the provisions of § 276-6 of Town Law, wherein a public hearing is required for a final plat where no preliminary plat is required. Certain final plats for minor review will not require a public hearing; rather, the Planning Board will have the option to hold a public hearing based upon the amount of public interest on the project and other similar criteria. If no hearing is required, the Planning Board must still provide public notice of a complete application and allow public comments to be received."

§ 292-5 Major review procedures.

[Amended 5-11-1982; 4-26-1988 by L.L. No. 3-1988; 6-26-1993 by L.L. No. 21-1993]

A. The subdivider shall submit a preliminary plat, together with supporting material, including topographic map and road and drainage profiles, to the office of the Planning Board (10 paper prints are required). In addition, a digital copy of all application materials shall be submitted in a format determined, and changed as needed, by the Town Clerk. The subdivider shall pay a review fee as specified in § 292-29B(1).

[Amended 3-10-2020 by L.L. No. 2-2020]

B. The Planning Board shall hold a public hearing on the preliminary plat and approve, disapprove or approve with modifications the preliminary plat.

C. The subdivider shall submit a final plat, together with supporting material, to the office of the Planning Board.

D. The Planning Board shall advise the subdivider of required public improvements, park dedication provisions and bond amount.

E. After consulting with the Town Engineer and at the request of the owner/subdivider or his agent, the Planning Board may consider a contribution to the Drainage Fund in an amount to be set by the Board, based on the Town Engineer's review of required drainage facilities and the amount of developed acreage should the subject property be located within the Agricultural Overlay District as depicted on the Zoning Map of the Town of Southampton.[1]

[1] Editor's Note: The Zoning Map is on file in the office of the Town Clerk.

F. The subdivider may post a performance bond to guarantee the installation of the required public improvements. The subdivider shall pay the final payment of the review fee and, in cases where the Planning Board finds that it is in the best interest of the Town to waive the dedication of land for park purposes, the park fee.

G. The Planning Board shall approve, disapprove or approve with modifications the final plat after a public hearing if required by law. Approval may be conditioned upon compliance with all applicable requirements of this chapter, including Subsections E and F of this section.

H. The Planning Board Chairman or Secretary shall sign the final plat.

I. The subdivider shall file the final plat in the office of the County Clerk.

J. The Building Inspector shall issue building permits upon proper application by the subdivider.

K. The subdivider shall construct required public improvements under inspection of the Town Engineer.

L. The subdivider shall request release of the performance bond after completion of required public improvements and shall post a maintenance bond at this time.

M. An application for planned residential development shall require an alternate standard subdivision layout in order to demonstrate allowable lot yield. This standard layout shall be developed through to at least the preliminary public hearing.

§ 292-6 Minor review procedures.

[Amended 6-26-1993 by L.L. No. 21-1993]

A. Applicability. A subdivision of land may be reviewed by the Planning Board under the minor review procedures provided in this chapter if the proposed subdivision meets the general requirements of Subsection A(1) and the performance standards of either Subsection A(2) or A(3).

(1) General requirements.

(a) The subdivision does not adversely affect the development of the remainder of the parcel or adjoining property;

(b) The subdivision is not in conflict with the provisions of the Master Plan and Zoning Law,[1] except minor area variances which may be granted by the Board of Zoning Appeals of the Town of Southampton; and

[1] Editor's Note: See Ch. 330, Zoning.

(c) The subdivision complies with environmental regulations which impose setbacks, buffers, clearing restrictions, fertilization restrictions or other standards.

(2) Performance standards.

(a) No more than 10 lots are created;

(b) The proposed lots front on an existing street and the subdivision does not involve the construction of any new streets or roads, or extends existing streets;

(c) Flag lots do not constitute more than 50% of the total number of lots where five or more lots are being created;

[Amended 10-10-1995 by L.L. No. 48-1995]

(d) Existing public utilities have the capacity to service the proposed lots without major extensions thereof;

(e) The subdivision does not require the installation of drainage facilities to handle stormwater runoff or, where appropriate, the subdivider has agreed to contribute to the Drainage Fund; and

(f) The subdivision does not increase by more than 5% the traffic-carrying capacity of the improved local street system serving the site.

(3) Alternate performance standards. Where the subdivision plan goes beyond the minimum requirements of the Town Code in providing open space or improvements which will benefit the public, or will have the effect of furthering other Town policies and goals, minor review may be applied. To meet these requirements, the subdivision must conform with one or more of the following:

(a) At least 80% of the tract is being preserved as open space in a CR-120, R-120 or CR-200 Zone;

[Amended 10-23-2001 by L.L. No. 40-2001[2]]

[2] Editor's Note: Section 3 of this local law provided as follows: "This local law expressly supersedes the provisions of § 276-6 of Town Law, wherein a public hearing is required for a final plat where no preliminary plat is required. Certain final plats for minor review will not require a public hearing; rather, the Planning Board will have the option to hold a public hearing based upon the amount of public interest on the project and other similar criteria. If no hearing is required, the Planning Board must still provide public notice of a complete application and allow public comments to be received."

(b) At least 80% of the tract is being preserved in any other zone;

[Amended 10-23-2001 by L.L. No. 40-2001]

(c) The total density or yield is reduced by a minimum of 50%;

[Amended 10-23-2001 by L.L. No. 40-2001]

(d) The tract is in a zone suitable for low- to moderate-income housing and at least 25% of the units will be used for that purpose;

(e) Needed public facilities not otherwise required by this chapter are provided, including but not limited to firehouses, schools, recreation facilities, sidewalks, water mains, transportation facilities, etc.; or

(f) The subdivision involves the platting of lots resulting from a transfer of development rights (TDR), duly authorized by the Town Board under the provisions of § 330-7 of the Zoning Law.

B. The subdivider shall submit a final plat in the form of all final plats, together with supporting materials, to the office of the Planning Board. In addition, a digital copy of all application materials shall be submitted in a format determined, and changed as needed, by the Town Clerk. The subdivider shall pay an application fee as specified in § 292-30.

[Amended 3-10-2020 by L.L. No. 2-2020]

C. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) and Chapter 157, Environmental Quality Review, of the Town Code.

D. The Planning Board shall have the option to hold a public hearing on the plat pursuant to the requirements of § 292-30.

E. The Planning Board shall approve, disapprove or approve with modifications the final plat. Approval may be conditioned upon compliance with all applicable requirements of this chapter.

F. The subdivider shall file approved copies of the final plat in the office of the County Clerk.

§ 292-6.1 Conservation opportunities subdivision review procedures.

[Added 10-23-2001 by L.L. No. 40-2001[1]]

A. Applicability. A subdivision of land may be reviewed by the Planning Board under the conservation opportunities subdivision procedures provided in this chapter if the proposed subdivision meets the general requirements of Subsection A(l) and the performance standards of Subsection A(2).

(1) General requirements.

(a) The subdivision does not adversely affect the development of the remainder of the parcel or adjoining property;

(b) The subdivision is not in conflict with the provisions of the Master Plan and Zoning Law, except minor area variances which may be granted by the Board of Zoning Appeals of the Town of Southampton; and

(c) The subdivision complies with environmental regulations which impose setbacks, buffers, clearing restrictions, fertilization restrictions or other standards.

(2) Performance standards.

(a) No more than 10 lots are created.

(b) The subdivision will preserve at least 80% of the parcel, through one or more preservation options, including but not limited to donation, and sale or transfer of development rights.

(c) The total yield is reduced by a minimum of 50%.

(d) Design considerations. The conservation opportunities subdivision (COS) should be designed to promote and foster agricultural production and to preserve and protect the farmability of the parcel, including but not limited to prime agricultural soils, contiguity and access. Whenever practicable, the placement of lots should seek to minimize the impact on scenic views as seen from road frontages into the subdivision. The 1999 Comprehensive Plan defines scenic resource areas as scenic views including views of the ocean, bays, wetlands and scenic landscapes such as wooded and agricultural areas along scenic roads. If the COS parcel is adjacent to a preserved open space or farmland the separate reserve area, it shall be designed for possible contiguity of use. The separate reserve parcel shall be designed to maximize frontage on adjacent Town roads.

B. The subdivider shall submit a final plat in the form of all final plats, together with supporting materials, to the office of the Planning Board. In addition, a digital copy of all application materials shall be submitted in a format determined, and changed as needed, by the Town Clerk. The Conservation Opportunities Plan shall be in accordance with the provisions of Article IX (Final Plat for Minor Review) except as otherwise set forth herein.

[Amended 3-10-2020 by L.L. No. 2-2020]

C. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) and Chapter 157, Environmental Quality Review, of the Town Code.

D. The Planning Board shall have the option of holding another public hearing since a public hearing was held with the preapplication. The decision to hold a public hearing on the plat depends on the degree of interest shown by the public or interested agencies; the need for important and informative comment by certain interest groups, technical specialists or community representatives; and whether the subdivider needs further opportunity to present the subdivision to the Planning Board and/or public. The Planning Board shall, however, hold a public hearing on the final plat where said plat is not in substantial agreement with the Planning Board preapplication report or where a wetlands permit is required pursuant to Chapter 325 of the Town Code. Where no hearing is to be held, the Planning Board shall provide notice of a complete application by posting said notice at the Planning Board office and on the Town Clerk’s signboard and accept written public comment for a reasonable time thereafter.

E. If a public hearing is held, it must be upon at least 10 days’ notice published in a newspaper of general circulation in the town and posted in accordance with the provisions of § 292-13B(2). Within 31 days of the receipt of a complete final plat submission or within 31 days of receipt of a determination from the Suffolk County Planning Commission, if an application was required to be sent to that agency for its review, whichever date is later, or within 31 days after the date of the public hearing if such hearing is held, the Planning Board shall take formal action either approving or disapproving or approving with modification the final plat, and a written notification of such action shall be given to the subdivider.

F. All required conditions of approval and corrections or modifications of the final plat shall be completed within 180 days of the Planning Board’s formal action. Two additional periods not exceeding 90 days each may be granted upon petition to the Planning Board if such period is found to be justified.

G. The subdivider shall file approved copies of the final plat in the office of the County Clerk.

[1] Editor's Note: This local law also provided for the renumbering of former § 292-6.1, Trail preservation, as § 292-6.2. In addition, Section 3 of this local law provided as follows: "This local law expressly supersedes the provisions of § 276-6 of Town Law, wherein a public hearing is required for a final plat where no preliminary plat is required. Certain final plats for minor review will not require a public hearing; rather, the Planning Board will have the option to hold a public hearing based upon the amount of public interest on the project and other similar criteria. If no hearing is required, the Planning Board must still provide public notice of a complete application and allow public comments to be received."

§ 292-6.2 Trail preservation.

[Added 2-27-1990 by L.L. No. 3-1990]

To foster the goal of trail preservation, all subdivision applications shall meet the following criteria:

A. All subdivision applications submitted shall delineate all trails on the plat and within 200 feet of the boundaries of the subject premises.

B. To the extent it is consistent with proper overall land use principles, existing trails shall be preserved in their natural state within reserved areas in the proposed subdivision.

C. Where a subdivision layout cannot preserve existing trails because of adherence to legitimate land use policies and principles, the Planning Board may require relocation of trails within the proposed reserved areas to maintain the necessary linkage to preserve the integrity of the system. The position of any relocation shall he established by the Planning Board and shall be performed in such a manner as to minimize disturbance to certain natural features deemed sensitive by the Natural Resources Director.

D. It is the policy of this Board to provide notice to the public with regard to trails. All trails shall be indicated on the final map of the proposed subdivision. Existing and relocated trails shall be distinguished on the map. Said trails and all property rights, both private and public, relating to the trails shall be delineated by declaration or other proper legal instrument filed in connection with the subdivision. The resolution of conditional final approval shall also delineate any conditions of approval relating to trail preservation, use and maintenance.

E. All trails which are preserved as a condition of Planning Board approval shall be improved in accordance with the Board's rules and regulations relating to clearing and marking of trails.

F. All trails shall be well buffered from proposed development through location within proposed reserved areas.

G. Except as provided herein, all trails subject to this policy statement shall be for recreational uses as outlined in Chapter 247 of the Town Code and shall not be utilized by motorized vehicles.

H. The Planning Board shall encourage applicants to grant rights to the public to utilize the trail system preserved pursuant to this policy.

I. Dedication, access easements or covenants shall be acceptable means of creating public rights to use the trail system.

J. Landowners' liability shall be governed by the applicable law of the State of New York (e.g., see General Obligations Law, § 9-103).

K. Where the applicant has granted rights to the public to utilize the trails within his control, the Town shall be responsible for maintenance of the trails, absent an agreement with the developer or a third party to the contrary.

L. Where the Town possesses property rights in the form of trail dedications, easements or covenants to utilize lands as trails and trails were not required to be constructed by the applicant while this Board possessed jurisdiction, future trail construction shall be the responsibility of the Town. Cooperation with owners of the underlying fee (homeowners' association or other) shall be encouraged.

M. The provisions of this policy shall not apply to the roads except for the provisions in Subsections A, B and F of this section.