A.
There are more than 300 land subdivision maps located
in the Town of Southampton filed in the office of the County Clerk
prior to May 13, 1931, which were not approved by either the Planning
Board or the Town Board. These land subdivision maps, designated "old
filed maps" herein, are comprised of lots as small as 20 feet by 100
feet and even smaller in some cases. The major areas so mapped and
as yet essentially undeveloped are in the CR-200, CR-120, R-120, R-80,
CR-80, CR-60, CR-40, R-60 and R-40 Districts. Further, they are generally
located on the Ronkonkoma Moraine, which is vitally related to the
domestic freshwater supply for the Town of Southampton.
B.
As a result of doubtful practices as compared with
modern day standards in subdividing, recording and marketing of the
lots during this period, some of these old filed maps are impossible
to locate accurately or, in fact, may be lost, and in some cases the
actual title to lots is questionable.
C.
Although the lots in these old filed maps have remained
essentially undeveloped for 45 years or more, owners have generally
continued to pay taxes. Some who have failed to so have lost their
property through county tax sale.
D.
Most of the single and separate parcel ownerships
on these old filed subdivision map plats are substantially smaller
than the minimum required lot size in the applicable district. In
most cases, they also have less lot area than that required for new
land subdivisions in the same area by the Suffolk County Department
of Health Services to meet community water and sewerage facility standards
and prevent health hazards. In addition, most have inadequate, if
any, improved road access to the Town highway system.
E.
It is apparent that, as they develop, substandard
physical conditions will be created on thousands of lots in the vicinity
of the very critical Ronkonkoma Moraine, and further, that the open
space character of the central portions of the Town will be decimated,
thus perpetuating the inadequate standards and planning of a half
century ago and penalizing both those who live in the Town today and
those who will live in the Town in the future. This would completely
negate more than two concentrated years of detailed study and discussion
in developing and adopting the Town of Southampton Master Plan, a
second two years of effort leading to the adoption of the recodified
and comprehensively amended Zoning Law and also the effort expended
in preparing and adopting the rules and regulations for subdivision
of land in 1975.[1] Its adverse effect would be Townwide.
F.
Among the adverse impacts of such a development pattern
would be the following:
(1)
Excessive potential population capacity in relationship
to the available groundwater reservoir capacity leading to a domestic
water supply shortage and a tendency to lower the groundwater elevation
and consequently destroying ponds, streams and saline marsh environments
which are also essential to the community and region.
(2)
Little probability of public water and little or no
possibility of public sewage disposal leading to the use of individual
systems in intensively developed areas.
(3)
Potential groundwater pollution as a result of the
concentration of individual sewage disposal systems and also pollution
of the domestic water supply as a result of their proximity to individual
wells.
(4)
Inadequate subdivision layouts with reference to the
topography and management of potential stormwater runoff resulting
in drainage problems.
(5)
As a result of poor soil quality, inadequate drainage
and subdivision layouts incompatible with the topography, problems
related to establishing adequate supporting vegetation, soil erosion
and sedimentation.
(6)
Potential discontinuous street system layout and inadequate
road improvements providing access for private automobiles, service
vehicles and emergency vehicles, resulting in inefficiencies of travel,
hazardous conditions, a lower level of service and a blighting influence
on the residential environment.
(7)
No planned provision for playfields, parks and open
space within the old filed map area and a drastic reduction in the
open space character of the entire Town.
(8)
A great diversity of residential lot sizes ranging
from 20 feet by 100 feet or 2,000 square feet up to possibly as much
as 80,000 square feet, leading to potentially chaotic residential
development when it is eventually completed.
(9)
Possible decrease in potential property values for
both the improved lots in the old filed maps as well as for those
in the broader community area.
(10)
A general inappropriate use of the land as compared
with that envisioned and adopted in the Comprehensive Master Plan,
the Zoning Law and the rules and regulations for subdivision of land,[2] including a change in community character at least in
the moraine area, which residents and investors have generally relied
upon in making their social and economic commitments.
G.
The Town Board finds that the above adverse impacts
on the community, as well as on the immediate old filed map neighborhood,
cannot be successfully regulated by application of the customary provisions
of the standard zoning districts provided for in the Zoning Law. In
these specific situations, to fulfill the community objectives and
needs and to assure the preservation of these existing valuable natural
resources, special regulatory provisions must be enacted. Further,
such special regulations, even though they are necessary to promote
the health, safety, morals or the general welfare of the Town, by
their very nature will constitute severe constraints on private property
which should be recognized through appropriate relief procedures that
would not serve to negate the very purposes and intent of this legislation.
H.
Under the provisions of §§ 330-115D and 330-167C of this chapter, a one-family detached dwelling may be erected on a nonconforming lot having less than the minimum required lot area set forth in § 330-11 for the residence district in which the lot is situated. If this right to construct a one-family detached dwelling shall be deemed a full residential development right, such lot prior to the enactment of this subsection had a full residential development right under the existing provisions of this chapter.
I.
With the enactment of this article, it is intended to eliminate the full residential development right with respect to such nonconforming lots in the Old Filed Map Overlay District and to substitute therefor a partial residential development right of a denomination determined by the ratio between the lot area of such lot and the minimum required lot area set forth in § 330-11 for the residence district in which such lot is situated.
J.
As one principal form of relief for the above-noted
constraint, partial and full development rights shall be transferable
from one lot to another lot within the overlay district. Thus, it
is intended to prohibit erection of a one-family detached dwelling
on such a nonconforming lot which has only a partial residential development
right, unless and until additional partial development rights sufficient
to constitute one full residential development right shall have been
transferred to such lot. Further, it is intended that such prohibition
is applicable notwithstanding the existing provisions of this chapter
to the contrary.
K.
In part as a supplemental form of relief, it is the
intention of the Town to establish an Old Filed Map Land Bank[3] which would be available to purchase lots or residential
development rights where necessary. The bank's other function would
be to purchase and sell lots and residential development rights where
appropriate to facilitate achievement of the planning objectives of
the Comprehensive Master Plan and of this chapter.
L.
Therefore, as a result of the above findings and stated purposes, the Town Board of the Town of Southampton hereby establishes this Old Filed Map Overlay District in addition to its existing standard district zoning. This overlay district shall consist of the area encompassed in all old filed maps as provided in this article. This article sets forth the regulations that shall apply in the Old Filed Map Overlay District, in addition to those applicable in the standard district in which a given site is found on the Zoning Map as set forth in Article II.
M.
In no case shall the filing of a certificate of abandonment pursuant to the provisions of § 335 of the Real Property Law, subsequent to the enactment of Articles VIII through XIII, exempt such real property described in said certificate of abandonment from the provisions of Articles VIII through XIII.
A.
The Old Filed Map Overlay District shall consist of
all land subdivisions situated within the CR-200, CR-120, CR-80, CR-60
and CR-40 Country Residence Districts and within the R-120, R-80,
R-60 and R-40 Residence Districts filed in the office of the County
Clerk prior to May 13, 1931, located within the Town of Southampton
between the Montauk Highway (County Road No. 80 and the New York State
Route No. 27) on the south and the following roads and other features
on the north: Peconic River, Peconic Avenue, Flanders Road (New York
State Route No. 24), Red Creek Road and Upper Red Creek Road, West
Landing Road, Great Peconic Bay, Sebonac Creek/Bullhead Bay, Millstone
Brook Road/North Sea Road (County Road No. 38) and the Incorporated
Village of Sag Harbor. Any such land subdivision in which more than
80% of the ownership parcels are improved with dwellings as of the
effective date of this section shall be excluded from the Old Filed
Map Overlay District.
B.
Except as provided in § 330-56, each and every lot in the Old Filed Map Overlay District is hereby granted a fractional residential development right. The numerator of such fraction shall be the lot area of such lot, and the denominator shall be the minimum required lot area set forth in § 330-11 of this chapter for the residence district in which such lot is situated.
C.
Notwithstanding any provision of this chapter to the
contrary, no building permit shall be issued in relation to any lot
in a subdivision in the Old Filed Map Overlay District unless the
development of that subdivision or part thereof in which such lot
is shown has been approved by the Planning Board in consultation with
the Engineering Division pursuant to a referral as it relates to road
and drainage plans.
[Amended 3-8-2022 by L.L. No. 8-2022]
D.
Notwithstanding any provision to the contrary in this chapter, no building permit shall be issued for the erection of a one-family dwelling on a lot which is nonconforming with respect to lot area in the Old Filed Map Overlay District unless it is established that such lot has a full residential development right by virtue of the transfer of sufficient additional partial residential development rights to such lot to make up the partial residential development right deficiency. The method for establishing such a full residential development right and the procedure governing the transfer of development rights shall be in accordance with the provisions of §§ 330-54 and 330-55.
E.
Any building lot for which the Board of Appeals has
authorized a building permit pursuant to § 280-a, Subdivision
3, of the Town Law prior to the enactment of this article shall not
be affected by this article.
F.
In the event that § 330-53D is adjudged unconstitutional as applied to a particular lot, no building permit shall be issued for the erection of a one-family dwelling on such lot unless and until the owner of such lot makes application to the Town Board for a determination as to whether the Town elects to permit such construction or to acquire such lot and until the happening of any of the following:
(1)
The Town Board renders a determination electing to
permit such construction.
(2)
The Town Board fails to render any determination within
90 days from the filing of such application to the Town Board.
(3)
Having rendered a determination within such ninety-day
period electing to acquire such lot, the Town Board fails to enter
into a contract for the purchase of such lot and fails to institute
condemnation proceedings within 90 days from the rendering of such
determination.
G.
Applications for approval to build on an approved
Old Filed Map Overlay District development section shall be submitted,
in duplicate, to the office of the Planning Board. The fees for such
applications shall be established, and changed as needed, by resolution
of the Southampton Town Board. A copy of the fee schedule is on file
in the Town Clerk's office, the Department of Land Management, and
the Engineering Division.
[Added 9-12-1989 by L.L. No. 18-1989; amended 12-26-1989 by L.L. No. 27-1989; 5-12-2009 by L.L. No. 17-2009; 3-8-2022 by L.L. No. 8-2022]
A.
Residential development rights granted by § 330-53B may only be transferred to lots that meet the criteria set forth in this section.
B.
Partial residential development rights may be transferred to any lot which is designated a development parcel by the Planning Board and is nonconforming with respect to lot area in the Old Filed Map Overlay District having a lot area of not less than 10,000 square feet, except as provided in § 330-156, subject to the following conditions: The transfer shall not result in more than one full residential development right on such nonconforming lot, and therefore, not more than one one-family detached dwelling may be erected on such nonconforming lot as a result of the transfer.
[Amended 9-28-2010 by L.L. No. 32-2010]
C.
Residential development rights may be transferred
to any lot in the Old Filed Map Overlay District which is conforming
with respect to lot area, subject to the following conditions: The
transfer shall not result in such a conforming lot having more than
one additional full residential development right, and therefore,
not more than two one-family detached dwellings may be erected on
two lots of 1/2 the minimum required lot area derived from the one
such conforming lot as a result of the transfer.
D.
Residential development rights shall not be transferred out of the school district in which they are located, except as provided in § 330-156.
E.
Residential development rights transferred to lots
in the CR-120 or R-120 Residence District shall originate for other
lots in the CR-120 or R-120 Residence District or lots within the
CR-200 Country Residence District.
F.
Residential development rights transferred to lots
in the CR-200 District shall originate from other lots in the CR-2O0
Zone.
A.
An applicant for a building permit involving the transfer
of residential development rights in the Old Filed Map Overlay District
shall provide the following documentation:
(1)
A guaranteed survey of the subject parcel on which
the dwelling is to be constructed and a guaranteed survey of all parcels
from which residential development rights are being transferred. All
such surveys shall show the survey relationship of the parcels to
the total old filed maps, to the nearest improved public road and
to the Suffolk County monumentation system, and they shall also show
the lot area of all such parcels.
(2)
A title certification in the usual form, from an abstract
company regularly doing such work in Suffolk County or a title insurance
company duly licensed to examine and insure title to real property
in New York State, for the subject parcel and for all parcels from
which residential development rights are being transferred.
(3)
Proof of single and separate ownership in the form and manner provided in § 330-115D, with respect to the lot on which the dwelling is to be constructed, if such lot is nonconforming with respect to lot area.
(4)
An executed instrument in form for recording in the Suffolk County Clerk's office, legally sufficient to transfer such development rights to the lot on which the dwelling is to be constructed, together with the recording fee for such instrument, to be transmitted to the Suffolk County Clerk's office for recording. Such instruments shall adequately describe each lot from which such development rights are being transferred, shall recite the amount or extent of development rights granted to each such lot by § 330-53B, shall recite the amount or extent of development rights being transferred and shall adequately describe the lot to which such development rights are being transferred so as to provide record notice of the transfer and the resulting rights and restrictions.
(5)
Such additional information as the Building Inspector
may reasonably request in order to determine and provide for compliance
with this article.
B.
Notwithstanding any other provisions to the contrary,
the minimum required yard dimensions applicable to a one-family dwelling
in the Old Filed Map Overlay District shall be as follows:
(1)
The front and rear yard dimensions shall each be 0.3
of the actual lot depth; however, where 25% of the actual lot depths
along the block frontage within 200 feet of the proposed lot on the
same side of the street are of a lesser actual depth, the front and
rear yards of the proposed lot shall be computed on the basis of the
average actual depths of those lots, provided that no such front or
rear yard shall be less than 30 feet nor more than that required in
the applicable standard district.
(2)
The total dimensions of both side yards for the principal
building/dwelling shall be 0.4 of the actual lot width; however, no
one side yard dimension shall be less than 0.4 of the total dimension
for both side yards computed as aforesaid, and no side yard dimension
shall be less than 10 feet.
[Amended 3-25-2014 by L.L. No. 4-2014]
(3)
The lot coverage and accessory structure setbacks applicable to those parcels located in the Old Filed Map Overlap District shall be as set forth in § 330-115D(4) and (5).
[Added 3-25-2014 by L.L. No. 4-2014]
In addition to all other applicable regulations,
the following supplemental regulations shall apply in the CR-200,
CR-120 and R-120 Districts.
A.
Each and every lot in the Old Filed Map Overlay District
within the CR-200, CR-120 and R-120 Districts is hereby granted a
fractional residential development right as provided by this article.
B.
Where said development right is to be utilized for
development within the CR-200, CR-120 or R-120 District, the fractional
development right shall be determined by a fraction with a numerator
equal to the lot area of such lot and a denominator equal to the minimum
lot area in the residence district in which the lot is located.
C.
Where said development right is to be transferred
outside the CR-200, CR-120 and R-120 Districts, the fractional development
right shall be determined by a fraction with a numerator equal to
the lot area of such lot multiplied by a factor of 2.5 and a denominator
equal to the minimum lot area of the residence district in which the
lot is located.
D.
Partial residential rights may be transferred to any lot in the Old Filed Map Overlay District within the CR-200, CR-120 and R-120 Districts which is designated a development parcel by the Planning Board and is nonconforming with respect to lot area, provided that said lot has a minimum lot area of 30,000 square feet, subject to the following conditions: The transfer shall not result in more than one full residential development right on such nonconforming lot; therefore, not more than one one-family detached dwelling may be erected on such nonconforming lot as a result of the transfer, and the requirements of § 330-54E and F are met.
[Amended 9-28-2010 by L.L. No. 32-2010]
E.
Residential development rights within the CR-200,
CR-120 or R-120 Districts shall not be transferred out of the school
district in which they are located except upon the approval of a 3/4
majority of the Planning Board.
