A.
There are many land subdivision maps located in the Town of Southampton, south of the Montauk Highway between the Shinnecock Canal on the east and the Brookhaven Town line on the west, 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, known as "old filed maps" herein, contain designated lots (lots designated by number) as small as 20 feet by 100 feet.
[Amended 4-22-2008 by L.L. No. 22-2008]
B.
Such old filed maps are generally partially developed (improved with one-family dwellings) and partially undeveloped. In most instances, designated lots of 20 feet by 100 feet have been combined with adjoining designated lots of 20 feet by 100 feet to result in single and separate ownership parcels larger than 20 feet by 100 feet. In some instances, such single and separate ownership parcels contain a lot area of 10,000 square feet or more, e.g., five twenty-foot-by-one-hundred-foot designated lots combined into a one-hundred-foot by one-hundred-foot parcel. However, in many instances, such single and separate ownership parcels contain a lot area of less than 10,000 square feet, e.g., 4,000 square feet, 6,000 square feet, 8,000 square feet; 10,000 square feet is the minimum lot area requirement in the least restrictive residential zoning district.
[Amended 4-22-2008 by L.L. No. 22-2008]
C.
In recommending and establishing the total makeup and distribution of the residential zoning districts, the Town of Southampton Master Plan, adopted in 1970, and the resulting Zoning Law, adopted in 1972, took into account the community's available water supply and the problems of sanitary waste disposal, as well as the interrelationship between these factors in attempting to accomplish a community-wide maximum population density goal, based upon anticipated per capita water consumption. In this connection, for obvious reasons, the Master Plan and Zoning Law recommended and established the higher density districts (R-20, R-15 and R-10 Residence Districts) in those areas of the community where the highest gross density was already located and the lower density districts in other areas of the community. As a result, most of the land in the Town situate in the higher density districts is located south of Montauk Highway between the Shinnecock Canal on the east and the Brookhaven Town line on the west.
D.
For a variety of reasons, including the then need for first establishing community-wide goals as well as practical limitations and restraints, the Master Plan and resulting Zoning Law did not fully consider the impact of future development of substandard parcels on groundwater pollution, saltwater intrusion and excessive demand within defined and limited areas. However, the Master Plan emphasized that water shortages, groundwater pollution and saltwater intrusion within defined and limited areas were matters of concern which should be fully considered in the future, especially in those areas of the community where the highest gross density would be located, and the Master Plan recommended that programs and policies designed to protect the groundwater reservoir from pollution, saltwater intrusion and excessive demand be established, especially in those areas of the community where the highest gross density would be located. In this connection, the Master Plan pointed out that the Suffolk County Health Department regulation relating to new land subdivisions would have no effect on the many areas of the community where the highest gross density was already located.
E.
The Town Board finds that overdevelopment of substandard parcels having a lot area of less than 10,000 square feet on old filed maps south of Montauk Highway between the Shinnecock Canal on the east and the Brookhaven Town line on the west is likely to adversely affect the public health or safety by causing pollution of the groundwater reservoir, saltwater intrusion into the groundwater and/or excessive demand on the groundwater reservoir. The Town Board further finds that such adverse impacts cannot be successfully controlled by application of customary regulations and provisions. Therefore, the Town Board finds that special regulations and provisions must be enacted in order to promote the public health and safety and in order to provide appropriate relief procedures from the necessarily severe constraints on private property without negating the very purposes and intent of this chapter.
[Amended 4-22-2008 by L.L. No. 22-2008]
F.
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 article had a full residential development right under the existing provisions of this chapter. Notwithstanding such existing provisions, it is intended that the prohibition set forth hereunder shall be applicable.
G.
With the enactment of this article, it is intended to eliminate the full residential development right with respect to such nonconforming lots in the Special Old Filed Map Overlay District having a lot area of less than 10,000 square feet. Thus it is intended to prohibit erection of a one-family dwelling on such lot. However, a special permit procedure is provided for herein in order to give an applicant with a lot area greater than or equal to 8,000 square feet but less than 10,000 square feet an opportunity to establish that erection of such dwelling will not adversely affect the public health or safety and therefore, with the transfer of development rights or certification that the established dwelling will comply with Chapter 216, Housing for Income Eligible Households, permit the erection of a one-family dwelling on such lot.
[Amended 4-22-2008 by L.L. No. 22-2008]
H.
With the enactment of this article, it is intended to substitute a partial residential development right for and in place of the eliminated full residential development right. Such partial residential development right would be of a denomination determined by the ratio between the lot area of such lot and 10,000 square feet. As one principal form of relief for the above-noted constraint, partial development rights may be accumulated and transferred to other lots within the Special Old Filed Map Overlay District as herein provided. As a supplemental form of relief under some circumstances, it is the intention of the Town to make its Old Filed Map Land Bank Program, established by Local Law No. 2-1978,[1] available for the purchase of lots or partial development rights where necessary, by appropriate amendment to the local law establishing such program.
I.
The Town Board is well aware of the fact that a one-family dwelling cannot be erected on an existing, unimproved lot without obtaining approval of the Suffolk County Health Department with respect to the provisions for water supply and sewage disposal. However, on an application for such approval with respect to an existing lot (a lot in single and separate ownership), an applicant is not ordinarily required to establish the impact of future development of all unimproved lots in the vicinity on groundwater pollution, saltwater intrusion and available water supply, and consideration of such application does not necessarily take such impact into account. Indeed, the Town Board is aware of the fact that variances of the Suffolk County Health Department regulations and standards applicable to existing lots are sometimes granted incident to such approval, probably due at least in part to legal considerations (concern that disapproval of such an application would be considered unconstitutional because the lot lawfully exists in single and separate ownership).With the enactment of this article, the special permit procedure for lots greater than or equal to 8,000 square feet but less than 10,000 square feet will require that such impact be established by an applicant before the Board of Appeals and be taken into account by the Board of Appeals in considering the special permit application. Furthermore, with the enactment of this article, relief is provided for in the form of transferable partial development rights, so that public health and safety considerations should carry more weight than legal considerations.
[Amended 4-22-2008 by L.L. No. 22-2008]
J.
Therefore, as a result of the above findings and stated purposes, the Town Board of the Town of Southampton hereby establishes this Special 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 Special 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.