[HISTORY: Adopted by the Town Board of the Town of Southampton 1-10-2006
by L.L. No. 7-2006.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 305,
Moratorium: Shinnecock Hills, adopted 11-23-2004 by L.L. No. 42-2004.
A.
While its resort economy remains the Town's primary
economic engine, the Town continues to experience significant increases in
demand for year-round residential and work-force housing. Indeed, motel uses
in the Town are under increased pressure for year-round uses, as well as other,
more economically viable uses that may include residential, commercial or
hotel/motel redevelopment. Thus, it is increasingly necessary to provide accommodations
for those who serve the work force and its resulting visitors. In that respect,
a principal component of the study area, the Southampton College property
and its associated institutional facilities, which include a newly constructed
library, residential dorms, lecture halls, athletic facilities, and college
marine center, represent a significant resource for the Town and its residents.
The future of the college property and facilities, as well as the variety
of zoning districts within the proposed study area (R-10, R-20, R-40, R-60,
R-120, HB, and MTL) require inventory and review in an effort to identify
opportunities that will maintain the Town's resort appeal while still
meeting the increased demand for year-round residences.
B.
Because the Town's rural character draws seasonal
visitors and provides for an abundance of recreational opportunities while
still boasting historic sites, scenic views, and water related recreational
uses, the study will appropriately examine open space areas, historical and
cultural uses, waterfront access and water-dependent uses, and passive and
active recreational opportunities. Indeed, all of these factors contribute
to the Town's resort appeal.
C.
Furthermore, in an effort to balance social, environmental,
and economic factors, the study will examine some interrelated uses, such
as the Shinnecock Hills Golf Club, which represents a major recreational attraction
for the Town, and public water access, including the Southampton College marine
center. The long-term plans, traffic impacts, and seasonal accommodation needs
for each facility will be examined in the study. Similarly, recommendations
will be made for ensuring the vitality of the study area for the benefit of
the Town overall and the local environment.
D.
Additionally, the study area will include a transportation
corridor within the Town that experiences traffic congestion and is targeted
for long-term agency projects. For example, the county's recommendations
to improve County Road 39 from Sunrise Highway (NYS Route 27) to Flying Point
Road (east of the study area) to provide two eastbound and two westbound lanes
with a center median will be evaluated to determine the impact of this proposed
expansion on the surrounding community. To that end, the Town's Comprehensive
Plan Update recommendations for transportation planning, intermodal transportation
opportunities, and traffic circulation patterns will also be examined. And
because the study area is adjacent to the target area considered in the draft
Shinnecock Canal Public Access Sites and Maritime Planned Development District,
this current study will allow the Town the ability to integrate planning measures
for both areas.
E.
Thus, the intent of this study, and the resultant recommendations,
is to determine, from the existing resources discussed above, the use opportunities
and appropriate controls necessary to ensure that local needs within this
study area are served and any future development conforms to the Town's
comprehensive planning efforts.
As used in this chapter, the following terms shall have the meanings
indicated:
- APPLICATION
- Any request or application for the improvement, subdivision or other development of or change to lands within the study area, including any change of zone, planned development district or use variance applications.
- MORATORIUM PERIOD
- The period of 12 months from the date of adoption of this chapter by the Town Board, as the same may be extended by appropriate action of the Town Board.
- STUDY AREA
- The lands bounded on the north by County Road No. 39, on the east by St. Andrew's Road in proximity of County Road No. 39, on the south by Montauk Highway, and on the west by North Shore Road and the Shinnecock Canal.
- TOWN OF SOUTHAMPTON
- The Town Board, the Planning Board, the Zoning Board of Appeals or any other agency, department or office of the Town.
This chapter is 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 Southampton Town Code 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 require the Town of Southampton to accept and process applications within certain statutory time periods.
The provisions of this chapter shall apply to all lands within the study
area.
No new applications shall be accepted nor shall any pending application
not yet deemed complete continue to be processed by the Town of Southampton
during the moratorium period.
This chapter shall apply for a period of three months from the effective
date hereof. This chapter shall expire after said three-month period unless
and until this time period is extended by the Town Board after adoption of
a subsequent local law.
The following applications and/or amendments are excluded from this
chapter:
A.
Town Code and Zoning Map Amendments that are initiated
and authorized by the Town Board.
B.
Density-incentive subdivisions yielding additional open
space/farmland preservation or units set aside for below-market-rate moderate-income
housing.
C.
Those applications deemed complete by the Town of Southampton.
D.
Conservation opportunities subdivisions.
E.
Requests for lot line modifications.
F.
Area variances which do not yield additional building
lots.
G.
Building permits for single and separate lots.
A.
Applications may be exempted from the provisions of this
chapter, following a public hearing on proper notice before the Town Board,
based upon one or more of the following factors:
(1)
The size of the subject parcel;
(2)
The proximity of the applicant's premises to pine
barrens, wetlands, endangered plant and animal species, wildlife and other
similar environmental concerns;
(3)
The extent of the proposed development and/or disturbance
of the applicant's premises;
(4)
The environmental significance, if any, of the applicant's
parcel and the proposed development's impact upon the environment, including
existing transportation resources;
(5)
Compatibility of the proposed development with the aesthetic
resources of the community or with the existing community or neighborhood
character; and
(6)
Compatibility of the proposed development with the recommendations
of the 1999 Comprehensive Plan Update and all previous Comprehensive Plans
starting with the Town's 1970 Master Plan.
B.
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 hardship
and unique circumstances which do not generally apply throughout the study
area, 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 undertaken
pursuant to this chapter.
C.
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, to pay all 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, in form and substance as acceptable
to the Town Board.
