[Amended 11-10-1992 by L.L. No. 46-1992; 6-26-1993 by L.L. No. 21-1993; 10-23-2001 by L.L. No. 40-2001; 3-26-2002 by L.L. No. 3-2002; 2-8-2005 by L.L. No. 1-2005; 11-27-2007 by L.L. No. 57-2007]
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 of the Town of Southampton.[1]
B.
Park requirements in residential plats.
(1)
Each residential plat shall have a park site consisting of not less than five acres for each 100 dwelling units or lots (.5 acre per dwelling unit or residential lot) indicated on the plat, suitably located for playground or other recreation and open space purposes, including passive recreational uses, provided that the Planning Board makes a finding that a proper case exists for requiring such park site. In making such determinations, the Planning Board shall refer to the present and anticipated future needs for park and recreational facilities in the Town as set forth in the Master 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.
(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)
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 shall be required to pay a park fee to the Town equal in amount to the land-only value at the time of the subdivision procedure of the land area that would otherwise be required for a park site, as determined by the median per-acre land-only value, for the respective assessment neighborhood within which the subdivision is located, adjusted by 50% to account for the value difference between raw land and developable land, and adjusted by the state equalization rate in effect at the time of the calculation. All such payments shall be held by the Town in a special Park and Recreation 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 recreation purposes or for the physical improvement of such sites.
(5)
In determining the amount of the park fee required under Subsection B(4) above, the Planning Board shall multiply 50% of the median acre land-only value for the respective assessment neighborhood within which the subdivision is located and which was used by the Town in the latest tax assessment, adjusted by the state equalization rate in effect at the time of the calculation of the park fee, by the number of dwelling units or residential lots by the 5% of an acre park requirement, per dwelling unit or residential lot (e.g., median acre land value x .5 x number of dwelling units or residential lots x .05/equalization rate).
(a)
The median acre land only-value for the respective assessment neighborhood shall be derived from the median town-wide assessment rate per square foot, used by the Town in the latest tax assessment, multiplied by 43,560, multiplied by the assessment neighborhood adjustment. (Ex: median town-wide square foot land rate x 43,560 x assessment neighborhood adjustment). On January 1 of each year, or as duly updated during the course of the year, the Town Assessor shall provide a table containing the latest median town-wide assessment rate per square foot and the assessment neighborhood adjustment figure for each of the assessment neighborhoods, for use by the Planning Board, and made available on the Town's Internet Web site.
(b)
In determining the number of dwelling units or residential lots, the Planning Board shall exclude the existing overall parcel if said parcel existed in single and separate ownership prior to the adoption of the Subdivision Regulations on May 6, 1975, and shall exclude any existing dwellings regardless of whether the parcel existed in single and separate ownership prior to May 6, 1975.
(c)
Notwithstanding the aforementioned provisions, where the proposed plat is a conservation opportunities subdivision, the amount of the park fee shall be based upon a value of $2,500 per dwelling unit or residential lot.
(d)
Notwithstanding the aforementioned provisions, the park fee associated with the creation of dwelling units or residential lots that are to be set aside for affordable or moderate-income housing, as defined in the Southampton Town Code, shall be waived.
(e)
Notwithstanding the aforementioned provision, where the proposed plat does not exceed two lots, the amount of the park fee shall be $2,500 per dwelling unit or residential lot. If the overall parcel existed in single and separate ownership prior to the adoption of the Subdivision Regulations on May 6, 1975, or the lot was created on a subdivision map and was subject to a park fee at that time, the park fee shall be $2,500 for the one net increase in dwelling units or residential lots. If the overall parcel did not exist in single and separate ownership prior to May 6, 1975, or was never subject to a park fee, the park fee for the two-dwelling-unit or two-residential-lot subdivision shall be $5,000. This flat fee provision shall only be available on a one-time basis. The park fee for the further subdivision of lots which were assessed the flat fee will be calculated on the basis of the assessed-value formula.
(f)
Notwithstanding the aforementioned provisions, where the proposed plat is located within the Agricultural Overlay District or the Aquifer Protection Overlay District and creates three or more residential lots where the area within the proposed lots comprises at least 10 acres of vacant land, and all of these new residential lots will be restricted with an agricultural or conservation easement for at least 20 years at the filing of the subdivision map creating these lots, the amount of the park fee shall be based upon the Town Assessor’s current land adjustment grid for term easements, in conjunction with the current park fee
[Added 1-26-2010 by L.L. No. 3-2010]
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 § 292-2B, 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.