[HISTORY: Adopted by the Town Board of the Town of Southampton 3-24-2000 by L.L. No. 3-2000. Amendments noted where applicable.]
By Resolution No. 0328, dated March 12, 1999, the Town Board adopted the 1999 Comprehensive Plan Update (the "plan"). The plan identifies and recommends a number of significant land use, transportation, zoning and capital improvement strategies focused on preservation of community character. In particular, a substantial number of strategies focus upon Code amendments related to the Planning Board's review of subdivisions. For example, the Plan recommends revisions to the Code in years one through two to streamline the subdivision review process; clarify the assessment of park land or parks fees; modify the planned residential development (clustering) requirements, including increasing the minimum open space percentages; encourage greater farmland and open space preservation and use of TDR's; authorize clustering of commercial and industrial subdivisions; and enhance trail opportunities, bicycle routes and scenic vistas.
The Strategic and Capital Improvement Plan portion of the plan establishes a one- to two-year time table for the adoption of the recommended Code amendments. Although the Town Board has adopted many of the recommended Code amendments since March 1999, the Town Board now wishes to focus upon those recommendations specific to subdivision review. Currently, the Town Planning Board is considering approximately 144 subdivision applications, totaling approximately 801 lots on approximately 2,764 acres. The plan's recommendations will undoubtedly affect the layout and design of several of the pending and yet-to-be-filed subdivision applications. Given the current level of development activity, the Town Board's consideration of amendments to implement the plan's recommendations will put the Planning Board at the forefront of a "race of diligence" by those applicants seeking to establish nonconforming subdivision designs prior to the adoption of such amendments. Accordingly, it is the Town Board's intent to impose a limited six-month moratorium on the acceptance of new subdivision applications, and the review, processing and approval of certain pending subdivision applications to permit the preparation and adoption of the plan's recommended text amendments pertaining to subdivision review and design. In particular, the amendments will propose to address:
The planned residential development (clustering) requirements, including increasing flexibility in permitted land uses (i.e., carriage houses and zero-lot lines) and increasing the minimum open space percentages.
Encouraging greater farmland and open space preservation through open space and density incentives and the use of TDR's.
Enhancing trail opportunities, bicycle routes and scenic vistas.
Other subdivision-related recommendations of the plan.
This moratorium is intended to apply to residentially zoned lands and will exclude certain applications that are consistent with the plan's recommendations. The moratorium also permits a landowner to apply for an exemption, which can be granted by the Town Board under certain circumstances.
This chapter is adopted pursuant to Municipal Home Rule Law and the State Environmental Quality Review Act and its implementing regulations and expressly supersedes any provisions of Chapters 247, 292 and 330 of the Town Code of the Town of Southampton and § 276 of the Town Law of the State of New York. In particular, this chapter shall supersede those revisions of the Town Code and New York State law which require the Planning Board to accept, process and approve subdivision applications within certain statutory time periods.
The provisions of this chapter shall apply to all lands within the Town of Southampton, outside of the Incorporated Villages, zoned CR-200, CR-120, CR-80, CR-60, CR-40, R-120, R-80, R-60, R-40 and R-20.
The Planning Board of the Town of Southampton shall not accept as complete any new applications for subdivisions, nor shall it continue to process or approve any application for subdivision during the period set forth in § 302-5.
[Amended 10-6-2000 by L.L. No. 14-2000]
The following applications are excluded from this chapter:
Subdivision applications deemed by the Planning Board to be a transfer of property or resubdivision as defined in § 292-3 of the Subdivision Regulations.
Subdivision applications involved in a conservation opportunity plan within the Agricultural Overlay District that protects a minimum of 80% of the parcel and reduces the overall density by 50% in accordance with the recommendations of the Comprehensive Plan Update.
Subdivision applications consisting of 10 acres or less, four lots or less where none of the lots can be further subdivided and the Planning Board determines that no open space opportunities are precluded thereby.
[Amended 7-11-2000 by L.L. No. 6-2000]
Subdivision applications that have received final conditional approval from the Planning Board prior to the effective date of this chapter.
Subdivision applications modifying the map or its conditions of approval, including legal instruments, in connection with a previously filed map or final conditional approval adopted prior to the effective date of this chapter.
501(C)(3) Conservation Programs or subdivision applications where a portion of the property is being preserved through acquisition and/or donation to the state, county or town open space program which is subject to approval by resolution by the Town Board.
Applications may be exempted from the provisions of this chapter, following a public hearing on notice before the Town Board. Upon such application, the Town Board shall consider:
The size of the subject parcel;
The proximity of the applicant's premises to natural resources, including prime agricultural soils, pine barrens, wetlands, endangered plant and animal species, wildlife and other similar environmental concerns;
The impact of the proposed subdivision on the applicant's premises and the surrounding neighborhood;
The environmental significance, if any, of the applicant's parcel and the proposed development's impact upon the environment, including existing transportation resources; and
Compatibility of the proposed development with the aesthetic resources of the community or with the existing community or neighborhood character.
Compatibility of the proposed development with the recommendations of duly adopted planning studies, including the 1992 Special Groundwater Protection Plan and the 1999 Comprehensive Plan Update.
In making a determination under Subsection B(1), the Town Board shall obtain and consider written reports from the Planning Board and the Department of Land Management and such other sources as required in the discretion of the Town Board and consistent with the purpose of this chapter. A grant of an exemption to an applicant's subdivision application shall include a determination of unnecessary hardship and unique circumstances which do not generally apply throughout the study area set forth in § 302-3 and a finding that the grant of an exemption will be in harmony with and will be consistent with the recommendations of the 1999 Comprehensive Plan Update.
An application under Subsection B(1) shall be accompanied by a fee of $250, together with the applicant's written undertaking, in a form to be approved by the Town Attorney and, in substance, approved by the Town Board, to pay either in advance or by reimbursement, at the Town Board's on-going election, any out-of-pocket costs incurred by the town in studies and/or by retainer of resource personnel and related to the hearing, review and determination of such application.