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.