A.
Within any residence district, a building, structure, lot or land shall be used only for one of the uses indicated in § 330-10, Residence Districts Table of Use Regulations,[1] for the specific district in which it is located on the
Zoning Map[2] and in accordance with the particular classification of that use in that district. In the case of a lot or land being utilized for the construction or erection of a single-family detached dwelling, the definition of "lot" in § 330-5 shall apply. Further, any such building, structure, lot or land shall only be utilized in conformance with the provisions of § 330-11, Residence Districts Table of Dimensional Regulations.[3] In addition, such uses shall also comply with all other
applicable provisions of this chapter.
[1]
Editor's Note: The Residence Districts Table of Use Regulations is included at the end of this chapter.
[2]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
B.
Multiple dwellings in MF-44, SC-44 and MFPRD Zones.
[Amended 6-13-1989 by L.L. No. 13-1989]
(1)
No more than eight dwelling units shall be permitted in any building which is a multiple dwelling constructed after the effective date of this subsection. This restriction shall not apply to a building or group of buildings converted to a residential condominium or residential cooperative in compliance with other provisions of this chapter. No more than 12 dwelling units shall be permitted in any building erected or converted under the provisions of § 330-8 for senior citizens as herein defined.
(2)
No dwelling unit in a multiple dwelling shall be located
below the first story or above the second story.
(3)
Any building that contains four, five, or six dwelling
units shall be equipped with an automatic fire sprinkler system in
accordance with National Fire Protection Association (NFPA) 13D Standards.
[Added 9-11-2007 by L.L. No. 45-2007]
(4)
Any building that contains seven or more dwelling
units shall be equipped with an automatic fire sprinkler system in
accordance with National Fire Protection Association (NFPA) 13R Standards.
[Added 9-11-2007 by L.L. No. 45-2007]
[Amended 10-24-1989 by L.L. No. 22-1989; 8-28-1993 by L.L. No. 26-1993; 9-26-1995 by L.L. No. 46-1995]
A.
These provisions are enacted to implement the Comprehensive
Plan of the Town of Southampton and the Central Pine Barrens Comprehensive
Land Use Plan adopted by the Town Board on June 27, 1995, adopted
by the Central Pine Barrens Joint Planning and Policy Commission on
June 28, 1995, and signed by the Governor of the State of New York
on June 28, 1995, pursuant to the provisions of Article 57 of the
New York State Environmental Conservation Law, by providing the means
of achieving elements of the community planning objectives with reference
to natural resources, population, utilities and housing and, more
particularly to do so while maintaining the overall ratio established
between population capacity at ultimate community development and
the safe yield of the fresh groundwater reservoir within the Town
of Southampton's territorial limits. Further, land from which the
development rights are to be transferred must have such characteristics
that their permanent open space preservation will fulfill one of the
following objectives:
(1)
Porous moraine soils, found in the CR-200, CR-120,
CR-80, R-120 and R-80 Districts, will be retained for the purpose
of maximizing groundwater recharge while lessening potential pollution
of these groundwaters by individual sewage disposal systems.
(2)
Soils found in the Agricultural Overlay District and
conforming to United States Soil Conservation Service capability Classes
I and II will be retained for permanent agricultural use.
(3)
Wetlands, as defined in the Town Code, and their immediate
upland environments will be retained for their ecological benefits
and held in permanent open space use.
(4)
Lands found in an area designated by the Comprehensive
Plan for a greenbelt park system or for an individual park, beach
or public recreation area, which will be retained for such open space
use.
(5)
Lands located with the core preservation area of the Central Pine Barrens Overlay District established under Article XXIV of this chapter.
(6)
In the event that not all of the land from which the
development rights are to be transferred is to be in a state of permanent
open space preservation or it does not fulfill one of the above objectives,
then at least 1/2 of the development rights to be transferred, or
the remainder, shall be for residential units for moderate-income
families.
B.
In pursuit of these purposes, the Town Board of the
Town of Southampton may from time to time authorize by local law the
transfer of permitted residential development rights from one parcel
of land to another parcel of land within the same school district
where such authorization shall be found to be beneficial to the Town
through serving to implement the Comprehensive Plan and to be in accordance
with the provisions of this section.
C.
Procedure.
(1)
An applicant for the transfer of permitted residential
development rights shall present documentation satisfactory to the
Town Board, indicating:
(a)
The location, land area and related residential
development rights permitted under the applicable provisions of this
chapter which the applicant proposes to transfer.
(b)
The location and land area of the site to which
such rights are to be transferred, the projected total number of dwelling
units that would result on the site from such a transfer and a statement
of the character of the projected housing development.
(c)
A presentation as to the reasonable and beneficial
results anticipated from the authorization applied for with respect
to the implementation of the Comprehensive Plan.
(2)
If the Town Board decides to consider the applicant's proposal, it shall proceed in the same manner as provided in § 330-185 for amending this chapter, except that the fee for such application shall be $250.
(3)
The Planning Board report to the Town Board shall
consider all aspects of the proposal, particularly that of the degree
to which the proposal implements the Comprehensive Plan.
(4)
Upon favorable review by the Town Board, such an application
shall be approved subject to completion of the following actions:
(a)
Approval by the Planning Board of a detailed
site development plan for the property to which the development rights
are to be transferred and a recommendation with regard to the disposition
of the property from whence the development rights were transferred.
(b)
Execution of an instrument legally sufficient
both in form and content to effect such transfer and the transmittal
of the fee title for the property from which the development rights
are to be transferred to the Town of Southampton or such other governmental
agency as the Town shall designate for use as permanent open space.
Where development rights remain, said instrument shall specify that
no additional development rights shall accrue to said property upon
the transfer.
(c)
Filing copies of the executed legal instrument
in the office of the Town Clerk, the Planning Board, the Building
Inspector and with the County Clerk as a notice of such transfer incorporated
in the deeds of each property affected by the transfer. Such instrument
shall specifically set forth the rights transferred and the resultant
total residential development rights in each property.
(d)
Such other requirements as the Town Board shall
establish.
D.
General standards.
(1)
Districts in which an increase in the number of dwelling units may be permitted shall be restricted to those listed hereinafter, and for each district specified, the number of dwelling units shall not exceed the following, unless a greater density is authorized by the Town Board in connection with the establishment of a Planned Development District (PDD) under Article XXV of this chapter:
|
District to Which Development Rights Are
to be Transferred
|
Density Shall Not Exceed the Number Permitted
in District
|
|---|---|
|
CR-120 or R-120
|
CR-80 or R-80
|
|
CR-80 or R-80
|
CR-60 or R-60
|
|
CR-60 or R-60
|
CR-40 or R-40
|
|
CR-40 or R-40
|
R-20
|
|
R-20
|
MF-44
|
(2)
Where development rights are transferred to the R-20
District, the Tables of Use and Dimensional Regulations for the MF-44
District[1] shall apply, unless different dimensional requirements are authorized by the Town Board in connection with the establishment of a Planned Development District (PDD) under Article XXV of this chapter.
[1]
Editor's Note: Said tables are included at
the end of this chapter.
(3)
Development rights may be transferred within the CR-200 Zone and may be transferred out of said zone; however, nothing contained herein shall be deemed to permit transfer of development rights into the CR-200 District from any other residential zones, unless authorized by the Town Board in connection with the establishment of a Planned Development District (PDD) under Article XXV of this chapter. The resultant density on the parcel within the CR-200 Zone to which rights are transferred shall not exceed the number of dwellings which would be permitted by the standard dimensional requirements in the CR-120 Zone, unless a greater density is authorized by the Town Board in connection with the establishment of a Planned Development District (PDD) under Article XXV of this chapter.
(4)
Development rights may be transferred within the Central Pine Barrens Overlay District, the Aquifer Protection Overlay District, the Agricultural Overlay District and the Tidal Wetlands and Ocean Beach Overlay District and may be transferred out of said districts, the above being subject to the restrictions applicable to the respective zoning district as set forth in this article. However, nothing contained herein shall be deemed to permit the transfer of development rights into any of the aforementioned overlay districts, unless authorized by the Town Board in connection with the establishment of a Planned Development District (PDD) under Article XXV of this chapter.
(5)
The site to which the transfer of development rights
is proposed shall be no less than five acres in the R-120, R-80, R-60,
R-40, R-20, CR-200, CR-120, CR-80, CR-60 and CR-40 Districts.
(6)
All yard requirements of the more restrictive district found along the perimeter of the site shall apply to perimeter yards on the site to which the transfer of development rights is proposed, unless different dimensional requirements are authorized by the Town Board in connection with the establishment of a Planned Development District (PDD) under Article XXV of this chapter.
A.
Since there is a limited supply of standard housing
available at purchase prices or rentals commensurate with the incomes
of low- or lower-middle-income residents in the Southampton community,
these provisions are enacted to implement the Town of Southampton
Master Plan of 1970 community planning objectives with reference to
encouraging a wide variety of housing types and, more particularly,
to help make possible purchase and rental costs in keeping with the
financial means of the Town's residents who have low or lower-middle
incomes.
B.
In pursuit of this purpose, the Town Board of the
Town of Southampton may from time to time authorize by local law an
increase in residential development density where it shall be found
that a bona fide nonprofit corporation guarantees to develop and maintain
the resultant housing at a purchase price or rental cost within the
low- or lower-middle-income housing market in accordance with a contractual
agreement between said nonprofit corporation and the Town and further,
that such authorization shall be found to be beneficial to the Town
through serving to implement the Master Plan of 1970.
C.
Procedure.
(1)
An applicant for increased residential development
density under this section shall present documentation satisfactory
to the Town Board, indicating:
(a)
The location, land area, proposed residential
density and general development concept and physical characteristics
of the development.
(b)
The organizational characteristics, legal basis
and financial status of the nonprofit corporation sponsoring the proposed
housing.
(c)
The projected development costs, the resultant
capital and operating costs, the detailed elements of the purchase
price or rental costs to be charged and the proposed income limitations
to be placed on owners or tenants.
(d)
The details of any program whereby such owners
or tenants may acquire equity in housing without changing the future
market value of the proposed housing units and any proposals to overcome
economic hardship for those eventually moving out of the proposed
nonprofit housing.
(e)
The instrument or instruments by which the objectives
of this program are to be guided and enforced legally.
(f)
A presentation as to the reasonable and beneficial
results anticipated from the authorization applied for with respect
to the implementation of the Master Plan of 1970.
(2)
If the Town Board decides to consider the applicant's proposal, it shall proceed in the same manner as provided in §330-185 for amending this chapter. A fee schedule shall be established, as needed, by resolution of the Southampton Town Board. A copy of the fee schedule is on file with the Town Clerk’s office and the Department of Land Management.
[Amended 11-10-2009 by L.L. No. 46-2009]
(3)
The Planning Board report to the Town Board shall
consider all aspects of the proposal, particularly that of the degree
to which the proposal implements the Master Plan of 1970.
(4)
Upon favorable review by the Town Board, such an application
shall be approved subject to completion of the following actions:
(a)
Approval by the Planning Board of a detailed
site development plan for the property.
(b)
Execution of an instrument legally sufficient
both in form and content to effect the purposes of these provisions.
(c)
Filing copies of the executed legal instrument
in the office of the Municipal Clerk, the Planning Board, the Building
Inspector and with the County Clerk as a notice of such instrument
incorporated in the deeds of each property affected by the instrument.
Such instrument shall be specific as to the right of the Town of Southampton
to enforce its provisions with reference to owner or tenant incomes
and the nonprofit character of the project.
(d)
Such other requirements as the Town Board shall
establish.
D.
General standards.
(1)
The resultant number of dwelling units per gross acre
of land on the development site shall not exceed 12 units. In all
other respects, the provisions of the Tables of Use and Dimensional
Regulations for the MF-44 District shall apply.[1]
[1]
Editor's Note: See the Residence Districts Table of Use Regulations and the Residence Districts Table of Dimensional Regulations included at the end of this chapter.
(2)
Nothing contained in this article shall abrogate the
requirements of other codes and regulations, including the Town of
Southampton subdivision regulations,[2] where they are applicable. However, nothing in this article
shall preclude the use of prefabricated housing units where the construction
quality of such units is officially approved under the New York State
Building Code.
[Amended 5-13-1986 by L.L. No. 7-1986; 9-26-1995 by L.L. No. 46-1995; 10-8-1996 by L.L. No. 35-1996; 6-9-1998 by L.L. No. 14-1998; 9-26-2000 by L.L. No. 13-2000; 10-23-2001 by L.L. No. 42-2001; 12-12-2003 by L.L. No. 74-2003; 5-8-2007 by L.L. No. 25-2007]
A.
Purpose. In accordance with the provisions of Town Law §§ 261-a and 261-b, this section authorizes the Planning Board or, in the instance of carriage houses, the Chief Building Inspector, upon consultation with the Town's Planning and Development Administrator, to increase density on certain parcels as receiving sites for development rights or Pine Barrens Credits (PBC) pursuant to Articles X and XXIV of this chapter or to increase residential density if the project proposes the construction of community benefit units as that term is defined in Chapter 216 of this Code. In connection with the transfer of development rights or PBCs, the Planning Board and, where appropriate, the Chief Building Inspector are further authorized to consider and modify the dimensional regulations of this Code without the necessity of Town Board review and approval.
B.
Zoning district eligibility. The following residential
and nonresidential zoning districts are eligible to utilize the density
incentive provisions of this section if they comply with the minimum
acreage requirements as set forth herein:
(1)
Residential districts.
|
CR-120
|
R-120
|
|
CR-80
|
R-80
|
|
CR-60
|
R-60
|
|
CR-40
|
R-40
|
|
*CR-200
|
R-20
|
|
NOTE:
|
|
*A density incentive requiring a transfer of
development rights or PBCs may be authorized in the CR-200 District
when the development rights or PBCs originate in the CR-200 District.
|
(2)
Nonresidential districts.
[Amended 5-24-2016 by L.L. No. 9-2016]
|
(HB)
|
Highway Business
|
|
(OD)
|
Office District
|
|
(VB)
|
Village Business
|
|
(SCB)
|
Shopping Center Business
|
|
(LI-40, LI-200)
|
Light Industrial
|
|
(HO)
|
Hamlet Office/Residential
|
|
(HC)
|
Hamlet Commercial/ Residential
|
(a)
In the case of
a transfer of development rights or PBCs, wherein the Planning Board
may increase lot yield, lot coverage, floor area, height or building
mass, said Board is authorized to do so in nonresidential districts
pursuant to the following criteria:
(i)
At least one development right or PBC is transferred
to the site;
(ii)
The lot to receive the density incentive has a minimum lot area of
one acre;
(iii)
The total yield shall be the sum of the yield for the receiving parcel plus the equivalent value of the transfer of development rights or PBCs as set forth in Chapter 244;
(iv)
Each development right or PBC shall be equivalent to a sewage water
flow rate of 300 gallons per acre per day as described in the Suffolk
County Department of Health Services standards and/or up to a two-percent
increase in building coverage, floor area, height or building mass.
A total increase in building coverage, floor area or height exceeding
10% of the maximum for the zone shall not be permitted;
(v)
The site requirements for water supply and sewage disposal shall
be approved by the Suffolk County Department of Health Services; and
(3)
Density incentives shall not be authorized on lands
within the Core Preservation Area of the Central Pine Barrens Overlay
District or the Tidal Wetlands and Ocean Beach Overlay District.
[Amended 12-11-2012 by L.L. No. 16-2012]
C.
General standards. All density incentives shall meet
and be subject to the following general standards.
(1)
In the case of transferring either development rights or pine barrens credits to the site, each development right or PBC so transferred shall authorize the Planning Board or the Chief Building Inspector under Subsection D(4) to increase the allowable density by one lot or unit, provided the development right or PBC originated in the Town of Southampton and the same school district, with the following exceptions:
|
a. The transfer is to a commercial property for
purposes of providing additional sewage credits; or
| |
|
b. The transfer is out of the Town of Southampton
to a site in another town.
| |
|
The Planning Board or Chief Building Inspector
under Subsection (D)4 is authorized to transfer development rights
or PBCs from one side of the Shinnecock Canal to the other within
the same school district.
| |
(2)
In consideration of subdivisions, the Planning Board
may authorize a maximum density increase of 30% where development
rights or PBCs are used. Notwithstanding, where the permitted yield
is three lots or less, the Planning Board may authorize one additional
building lot, provided that a full development right or PBC is transferred
to the site. Each additional development right or PBC transferred
to the site shall allow one additional lot or dwelling unit. In addition,
the Planning Board may authorize a maximum density increase of up
to 50% of the as-of-right yield for community benefit units.
(3)
Density incentives may be authorized where the Planning Board or the Chief Building Inspector under Subsection D(4) determines, after consultation with the Town's Planning and Development Administrator, that the development will be beneficial, compatible and harmonious with the surrounding land uses and will not adversely affect the environment or any special assessment district in which the subject parcel is located, and density incentives shall be consistent with the recommendations of the Town of Southampton Comprehensive Plan.
(4)
The Planning Board and the Chief Building Inspector under Subsection D(4), of this section, may modify the dimensional regulations of the zoning district to permit increased density in accordance with the specific standards listed hereunder. Nothing herein shall be construed to limit the existing authority of the Planning Board or the Chief Building Inspector under Subsection D(4) of this section to control the design of subdivisions or site plans.
(6)
The Planning Board or the Chief Building Inspector under Subsection D(4), upon consultation with the Town's Planning and Development Administrator, may require the applicant or owner to execute such agreements and covenants as may be necessary to implement the purposes of this chapter or other applicable law. Said agreements or covenants shall be recorded in the Office of the Suffolk County Clerk and shall constitute a covenant running with the land. Such covenant or agreement may be modified or released only as set forth in said covenant or agreement or by a simple majority vote of the Town Board.
(7)
Any proposals seeking to utilize the density incentives
set forth herein shall be in writing and accompany the subdivision
or site plan application to the Planning Board or, in the instance
of a carriage house, shall be to the Chief Building Inspector and
accompany the building permit application.
D.
Specific standards.
(1)
Increased subdivision yield utilizing the affordable housing incentive. In addition to meeting the general standards as listed in § 330-9C above, where the density incentive is sought in connection with the project's proposal to build affordable housing, at least 40% of the additional dwelling units shall be community benefit units, as defined by Chapter 216. In its determination of such an application, the Planning Board shall consider the following in consultation with the Department of Land Management:
[Amended 8-12-2008 by L.L. No. 47-2008]
(a)
The need for affordable housing in the particular
hamlet;
(c)
The adequacy of applicable public resources
pursuant to Town Law.
(d)
Consistency with
the Town of Southampton's affordable housing goals as set forth in
the Comprehensive Plan. In conformance with the Comprehensive Plan,
the Planning Board shall encourage placement of affordable housing
where it is most scarce. The Planning Board may only authorize a density
incentive after it makes findings that:
i.
The density incentive does not result in an
adverse impact on the affected school district or other special assessment
district; or
ii.
The Planning Board authorizes, by resolution,
a waiver that states the proposed development implements or furthers
other objectives of the Town of Southampton Comprehensive Plan, including
upgrading existing affordable housing stock and revitalization of
existing dwellings in blighted areas.
(e)
Density incentive for affordable housing shall
only be authorized in those hamlets where the population density is
equal to or less than 500 persons per square mile, exclusive of land
owned by the state, county or Town as open space or park land. The
Decennial Federal Census shall be the source of the population numbers.
(f)
Eligibility. The Planning Board shall insure affordable housing projects are subject to the eligibility, resale and sustainable affordability restrictions consistent with Chapter 216 and § 330-11.1 of this chapter, as applicable. The Planning Board may waive certain provisions of the eligibility priority for set-aside dwellings and dwelling units where federal or state subsidies are being utilized by the developer to reduce the purchase price to qualified first-time home buyers, provided it is demonstrated that said subsidy precludes the specified eligibility preference, upon the advice of the Department of Land Management.
(2)
Increased subdivision yield utilizing the transfer of development rights or pine barrens credits incentive. In addition to meeting the general standards of § 330-9C, the Planning Board may increase the density for subdivision yield using the following standards:
(a)
A maximum increase of 30% may be authorized when development rights or PBCs are transferred to the site as authorized under Chapters 292 and 244 of the Town Code, where requirements of this section are complied with. Notwithstanding the foregoing, where the permitted yield is three lots or less, the Planning Board may authorize one additional building lot, provided that at least one development right or PBC is transferred to the site and where all other requirements of this section are complied with.
(b)
The site on which the density incentive for
increased subdivision yield is to be authorized shall be no less than
10 acres in the CR-200 Zone and no less than six acres in the CR-120,
CR-80, CR-60, R-120, R-80 and R-60, CR-40, R-40 and R-20 Zones.
(c)
When additional density is authorized, the dimensional requirements shall be determined by the Planning Board and indicated on the approved plan and shall not be less restrictive than those required in the R-15 Residential Zone when subdividing land in all other zones greater than R-20. However, nothing herein shall limit the provisions of Chapter 247, Open Space.
(3)
Subdivision into two undersized lots. The Planning Board may only authorize the subdivision of a single parcel of land into two nonconforming lots provided that at least one development right or PBC is transferred to the site. Further, in addition to meeting all the general standards set forth in § 330-9C above, the Planning Board must find that such density incentive meets the following standards:
(a)
A minimum of five acres shall be required to
seek a density incentive to establish two nonconforming lots in the
CR-200 Zone and three acres in the CR-120 and R-120 Zones. In all
other eligible zones, the site shall not be less than 1 1/2 times
the minimum lot size of the zoning district.
(b)
The dimensional requirements shall be established by the Planning Board, delineated on the approved plan, and shall not be less restrictive than those required in the R-15 Residential Zone for subdivision of land in the R-20 Residential Zone or the R-20 Residential Zone for the subdivision of land in the R-40 or CR-40 Zones, and the R-40 Residential Zone for the subdivision of land in all other zones higher than R-40. However, nothing herein shall limit the use of Chapter 247, Open Space, on said lands, provided that all the provisions of that chapter are met.
(c)
The Planning Board shall conduct at least one public hearing on the application, and the application shall comply with all preapplication, submission and notice requirements consistent with Chapter 292 and § 330-164I(1).
(4)
Carriage houses. The Chief Building Inspector may only authorize a density incentive for two dwellings on one lot (one principal and one accessory dwelling on one lot) where one or more development right or PBC is transferred to the site. The development right or PBC transfer shall not be required when one of the two dwellings is a designated Town landmark, pursuant to Town Code § 330-321, and the Town Board has determined to extinguish a Town-owned development right in favor of the application. Further, in addition to the general standards listed in § 330-9C above, the Chief Building Inspector shall determine that such development (carriage house) meets the following criteria:
[Amended 6-24-2014 by L.L. No. 20-2014]
(a)
The minimum lot area required for the addition
of a carriage house shall be three acres in the CR-200, CR-120 and
R-120 Zones and not less than 1 1/2 times the minimum lot size
of the zoning district in all other eligible zones.
(b)
The principal dwelling shall comply with all
applicable dimensional requirements of the code; however, the Chief
Building Inspector may approve an application where a preexisting
principal dwelling does not meet the applicable dimensional regulations
when the proposed carriage house meets all of the principal dwelling
setbacks.
[1]
When the preexisting principal dwelling is a designated Town landmark pursuant to Town Code § 330-321 and is proposed to be converted to a carriage house in its preexisting location, said historic structure designated as a Town landmark shall not be required to meet the applicable dimensional regulations, provided the proposed new principal dwelling meets all required principal setbacks.
(c)
The carriage house shall have a front yard setback
of at least 10 feet greater than the principal dwelling setback. The
carriage house shall have a side yard setback of not less than 30
feet and a rear yard setback of not less than 50 feet.
(d)
Lot coverage may be increased by the Chief Building
Inspector by no more than 2% However, except as explicitly authorized
herein, the applicant must in be in conformance with all other applicable
zoning regulations.
(e)
The carriage house may be one or two stories
or added to the second floor of an accessory garage when the maximum
height of the building does not exceed 24 feet.
(f)
The total floor area of the carriage house shall
not exceed 50% of the floor area of the principal dwelling or a maximum
of 3,000 square feet, exclusive of decks, stairways, patios or other
unroofed portions of the structure.
(g)
The method of water supply and sewage disposal
for the two dwellings shall be approved by the Suffolk County Department
of Health Services.
(h)
Access to the principal dwelling and carriage
house shall be limited to one driveway.
(i)
When possible, new utility lines shall be shared;
however, any new utilities to the carriage house shall be placed underground.
(j)
A parcel consisting of a principal structure
and carriage house shall not be further subdivided.
(k)
Town Board evaluation of an application to extinguish a Town-owned development right in relation to a carriage house designated or proposed to be designated as a Town landmark pursuant to Town Code § 330-321 shall be as follows:
[1]
All applications to extinguish a Town-owned development right
in relation to a carriage house designated as a Town landmark shall
be available from and submitted to the Department of Land Management
and forwarded to the Town Board for review.
[2]
Application to extinguish a Town-owned development right may
be made at the same time as application for designation as a Town
landmark, or separately.
[3]
The Town Board may only extinguish a Town-owned development
right in favor of an application concerning a proposal of a carriage
house to be designated as a Town landmark, or a carriage house designated
as a Town landmark, after a public hearing in accordance with this
section.
[4]
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 section.
[5]
The Town Board may require covenants or other similar documents
to assure that the provisions of this article are adhered to.
[6]
Any transfer of a Town-owned development right pursuant to this section shall be subject to 6 NYCRR Part 617, provisions of the New York State Environmental Quality Review Act (SEQRA), and Chapter 157 of the Town Code (Environmental Quality Review).
[7]
Hearing; notice; action during process.
[a]
The Town Board shall hold such a public hearing
within 60 days of receipt of a complete application.
[b]
The Town Board shall fix a time and place for a
public hearing thereon and shall provide for the giving of notice
at least 10 days prior to the date thereof in accordance with this
section.
[c]
Notice shall be published in the official Town
newspaper at least 10 days prior to the date of the public hearing.
[d]
The Town Board shall require the applicant to erect
a white-and-black-lettering sign or signs measuring not less than
two feet long and one foot wide, which shall be prominently displayed
on the premises facing each public street on which the property abuts,
giving notice that an application for extinguishing a Town-owned development
right in relation to a carriage house designated or proposed to be
designated as a Town landmark is pending and the date, time and place
where the public hearing will be held. The sign shall not be set back
more than 10 feet from the street line and shall not be less than
two nor more than six feet above the grade at the street line. The
sign shall be made of durable material and shall be furnished by the
Department of Land Management. It shall be displayed for a period
of not less than 10 days immediately preceding the public hearing
date. No additional posting shall be required for any adjournment
date. The applicant shall file an affidavit that he/she has complied
with the provisions of this section.
[e]
If the land involved in an application is within
500 feet of the boundary of any other municipality, notice of the
public hearing shall also be mailed to the Municipal Clerk of such
other municipality.
[f]
The Town Board shall require the applicant to mail
written notice of the date, time and place of the hearing, together
with a copy of the application and survey submitted to the Town Board,
by certified mail, return receipt requested, to every property owner,
as shown on the current Town of Southampton assessment rolls, of parcels
abutting and parcels directly opposite (by extension of lot lines
through a street or right-of-way) of the property which is the subject
of the application, proof of which shall be submitted to the Town
Board on or before the commencement of the public hearing in the form
of an affidavit with postal receipts annexed thereto confirming mailing
of said notices at least 10 days prior to the hearing date.
[g]
The Town Board shall render a determination within
45 days of the close of the public hearing and written record.
[Amended 5-13-1986 by L.L. No. 7-1986; 7-10-1990 by L.L. No. 19-1990]
[Amended 5-13-1986 by L.L. No. 7-1986; 7-10-1990 by L.L. No. 19-1990]
