[HISTORY: Adopted by the Town Board of the Town of Southampton by 5-8-2007by L.L. No. 23-2007. Amendments noted where applicable.]
The regulation of personal wireless service facilities to minimize visual and environmental impacts is consistent with the goals and of the Town of Southampton's Comprehensive Plan to maintain Southampton's resort-tourism identity. The Comprehensive Plan recommends the development of implementation strategies to further the conservation of natural and undeveloped areas; protect wildlife, flora and habitat; preserve coastal resources; balance economic growth; enable the provision of advanced wireless services to citizens and guests of the Town; and preserve the historical, cultural, archaeological, architectural, scenic and recreational values inherent within the Town.
As used in this chapter, the following terms shall have the meanings indicated:
- Any request or application for the placement, construction, or addition of a wireless communications tower, alternative tower structure and antennas as defined in § 330-300 of the Town Code of the Town of Southampton within the "Study Area," including any request for a building permit, site plan, variance, or special exception use permit. Applications for building permits which are currently excepted under § 330-303A(1) and (3) of the Town Code of the Town of Southampton shall be exempt from this moratorium.
- MORATORIUM PERIOD
- The period of seven months from the effective date. The same may be extended for good cause by appropriate action of the Town Board.
[Amended 12-11-2007 by L.L. No. 61-2007]
This extended chapter shall expire three months from the effective date of filing with the Secretary of State.
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 Article 16 of the Town Law of the State of New York. In particular, this chapter shall supersede those provisions of the Town Code and New York State law which would otherwise require the Town Board, Planning Board or Zoning Board of Appeals to accept, process and approve applications within certain statutory time periods.
No new applications shall be accepted nor shall any pending applications continue to be processed by the Town Board, the Planning Board, the Zoning Board of Appeals, or any other agency, department or office of the Town of Southampton during the moratorium period.
The following are excluded from this chapter:
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:
In making a determination under this section, the Town Board may obtain and consider written reports from the Department of Land Management and such other sources as required in the judgment of the Town Board and consistent with the purpose of this chapter. A grant of an exemption to an applicant's premises shall include a determination of unnecessary hardship and unique circumstances which do not generally apply throughout the Town and a finding that the grant of an exemption will be in harmony with and will not be unduly disruptive to the goals and purposes of the study referred to in this chapter.
An application under this section shall be accompanied by a fee of $500, 18 copies of the application, 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 ongoing election, any out-of-pocket costs incurred by the Town in studies and/or by retainer of resource personnel and relating to the hearing, review and determination of such application.