[HISTORY: Adopted by the Town Board of the
Town of Southampton as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 123.
Coastal erosion hazard areas — See Ch. 138.
Environmental quality review — See Ch. 157.
Flood damage prevention — See Ch. 169.
Historic landmarks and documents — See Ch. 194.
Protection of natural resources — See Ch. 229.
Open space — See Ch. 247.
Subdivision of land — See Ch. 292.
Wetlands — See Ch. 325.
Zoning — See Ch. 330.
[Adopted as Ch. 48, Art. I, of the 1979 Code]
A.
The Town Board finds that old filed maps, as defined
in Article XI of the Town of Southampton Zoning Ordinance, will constitute,
as they develop, a substantial share of all residential subdivision
development in the Town. Further, as a result of the adverse impacts
described in the Zoning Ordinance with reference to inadequate subdivision
layouts, potential stormwater drainage problems, poor soil quality
and consequent tendency for soil erosion and sedimentation, potential
discontinuous street system and inadequate public improvements, lack
of planning for and provision of playfields, parks and open spaces,
the overall impact on residents living in such areas, as well as on
all residents of the Town, will be to deteriorate the character of
neighborhoods and the community, to decrease potential developed property
values and to create hazards to safety and public health. Therefore,
the purpose of this article is to provide for the future orderly growth
and development of the Town, particularly within the Old Filed Map
Overlay District and its environs, affording adequate facilities for
the housing, transportation, distribution, comfort, convenience, safety,
health and welfare of its population; to avoid those adverse impacts
described; and to assure achievement of a desirable residential environmental
quality in the old filed map subdivision plats.
B.
This goal shall be implemented by requiring appropriate
design and public improvement construction through the authorized
jurisdiction of the Planning Board. The procedures shall be similar
to those utilized in the review and approval of proposed new land
subdivision plats.
C.
Further, this article deems that all building sites
located in the Old Filed Map Overlay District shall be integral elements
of the old filed map in which they are located and that, in the aggregate,
all the owners of such building sites shall be deemed to be the subdivider
for the purpose of discharging the responsibilities related to the
development thereof.
D.
In the procedure under this article, it is the intention
of the Town Board that all financial obligations which are customarily
the responsibility of the subdivider shall be borne by the building
site owners in the old filed map subdivision plat on a fair and equitable
basis. These obligations shall include all the initial costs associated
with the surveying, planning and engineering, as well as those costs
associated with public improvement construction and corollary expenditures
necessary in the development of new land subdivisions that conform
to the rules and regulations for subdivision of land in the Town of
Southampton,[1] including the Town public road and improvement standards.
E.
With the enactment of this article, the Building Inspector
shall only issue building permits to owners of a building site with
a full development right, as provided for in the Old Filed Map Overlay
District, where the building site is situated in an old filed map
or section thereof approved for development by the Planning Board.
Further, any such owner of a building site shall have discharged his
financial obligation as subdivider and satisfied such other requirements
as the Planning Board may have imposed as a condition of its approval.
F.
This article establishes methods for funding of public
improvements over a period of time so that the Planning Board can
prepare a program for financing which will apportion the financial
obligations among the building site owners on a fair and equitable
basis to the extent possible. However, the Town Board recognizes that
the costs for the initial surveying, planning and engineering and
for the initial required construction work may exceed the amount of
any one owner's pro rata financial obligation. If such owner chooses
to apply for development approval on his own, rather than obtaining
the participation of additional owners as applicants for development
approval, such owner will have to assume such additional amount of
the costs as the Planning Board cannot grant approval for the development
of a subdivision plat or section thereof without certain prerequisite
and essential work having been done by the applicant. This article
does authorize a preapplication conference to assist an owner in deciding
what course of action to take.
A.
Pursuant to Article 16 of the Town Law, the Town of
Southampton Planning Board is hereby authorized and empowered to approve
the development of subdivision plats filed in the County Clerk's office
prior to May 13, 1931, which are situated in the Old Filed Map Overlay
District, as defined in the Town of Southampton Zoning Ordinance.[1]
B.
This article sets forth provisions applicable to Planning
Board approval of the development of such subdivision plats. These
provisions may be supplemented by regulations adopted by the Planning
Board and, to the extent that they are not inconsistent with this
article, the rules and regulations for subdivision of land in the
Town of Southampton[2] may be utilized in implementing its provisions.
A.
Upon appropriate application by a building site owner
for approval of development of an old filed map subdivision plat or
part thereof, the Planning Board shall review and consider the proposed
development. After a public hearing, the Planning Board may approve,
conditionally approve with modifications or disapprove such proposed
development. On any approval the Planning Board may impose appropriate
conditions.
B.
The Planning Board shall begin its considerations
of an application by studying the following:
(1)
An overall development concept for the entire old
filed map subdivision plat which is compatible with the Master Plan,
the Zoning Ordinance[1] and this article, including the street system, grading
and surface water drainage, land parcelization and the number of building
sites, environmental features, potential open space and a general
program for development.
(2)
The feasibility of the applicant's proposed development.
(3)
A preliminary cost estimate for the surveying, planning,
engineering, construction, public improvement and corollary expenditures
to determine what the potential financial obligation of the applicant
and subsequent individual building site owners might be.
C.
The Planning Board may provide for a preapplication conference with a prospective applicant. In addition to discussing those matters set forth in § 243-3B above, the Planning Board may describe the application procedure, the scope of the work to be done by the applicant and, where there are alternate methods of proceeding, the method which might be most beneficial to the applicant.
D.
In reviewing an application for development, the Planning
Board shall consider whether the proposed development is consistent
with its overall development concept and other preliminary determinations.
E.
Before approving an application for development, the
Planning Board shall require that suitable provision be made for the
construction of public improvements and that such other assurances,
agreements or offers of dedication as the Planning Board shall find
necessary be submitted.
F.
Application for approval of development in an old
filed map subdivision plat, or part thereof, shall be submitted, in
duplicate, to the office of Planning Board, with an application fee.
A fee schedule shall be established, and changed 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.
[Added 9-12-1989 by L.L. No. 17-1989; amended 12-26-1989 by L.L. No. 26-1989; 1-27-2004 by L.L. No. 2-2004]
G.
The Planning 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 as follows:
[Added 9-12-1989 by L.L. No. 17-1989]
(1)
By publishing a notice in the official newspaper.
(2)
By requiring a representative of the Planning Department
to erect a white-with-black-lettering sign or signs measuring not
less than two feet long and one foot wide, which shall be prominently
displayed on the premises to be developed facing each public street
on which the property abuts or at the intention of the road(s) to
be opened and the public street on which the map abuts, giving notice
that an application for development of the old filed map, or portion
thereof, 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 feet nor
more than six feet above the grade at the street line. The sign shall
be made of durable material. 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.
A representative of the Planning Department shall file an affidavit
that the provisions of this section have been complied with.
(3)
If the land involved in an application is within 200
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.
A.
In approving an application for development, the Planning
Board, in consultation with the Engineering Division pursuant to a
referral as it relates to road and drainage plans, shall require that
all public improvements be constructed according to the standards
applicable to new land subdivisions as set forth in the rules and
regulations for subdivision of land in the Town of Southampton.[1]
[Amended 3-8-2022 by L.L. No. 8-2022]
B.
The Planning Board need not require that the public improvements be constructed in accordance with such Town standards in the initial stage of public improvement, provided that § 243-6 of this article is utilized to assure eventual construction of public improvements in accordance with such Town standards. In such initial stage, the minimum road improvement shall conform to the Town private road standard, except as otherwise authorized under § 243-5.
C.
If the Planning Board determines that the public improvements
shall be constructed in accordance with such Town standards in the
initial stage, the Planning Board may require that such public improvements
be constructed in accordance with such standards before granting final
approval for development or, alternatively, that a performance bond
sufficient to cover the full cost of the same be furnished to the
Town.
D.
If the Planning Board determines that the public improvements
need not be constructed in accordance with such Town standards in
the initial stage, the Planning Board may require that the minimum
road improvement for the initial stage be constructed in accordance
with the Town private road standard before granting final approval
for development or, alternatively, that a performance bond sufficient
to cover the full cost of the same be furnished to the Town.
E.
The Planning Board shall have the authority to modify or waive, subject to appropriate conditions, the provisions of § 243-4A if, in its judgment, such requirements are not requisite in the interests of public health, safety and general welfare due to special circumstances existent in a particular old filed map subdivision plat or section thereof.
A.
In order to encourage the orderly development of old
filed map subdivision plats, or parts thereof, and to assure the adequacy
of the public improvements required in such development, the Planning
Board is hereby authorized and empowered to approve a program for
development of such subdivision plats by sequential development sections.
B.
No partial development of an old filed maps subdivision
plat shall be approved by the Planning Board unless it conforms to
the approved program for development and the sequence of development
sections.
C.
In approving the program for development by sequential
development sections, the Planning Board shall consider the provisions
for and timing of such overall public improvements as recharge basins
or stormwater drains required for adequate functioning of a development
section but which may not be situated within such development section.
D.
The first development section in such a program of
development shall cover a portion of the subdivision plat which has
direct access to an improved public road. The Planning Board shall
determine the area and number of building sites to be included in
the first development section. In making such determination, the Planning
Board shall be guided by two objectives of this article:
(1)
To obtain eventual construction of all public improvements within the development section in accordance with Town standards applicable to new land subdivisions within a reasonable period of time either through actual construction of those public improvements by applicants or as a result of funds received as a prerequisite for issuance of a building permit with respect to building sites within such first development section pursuant to § 243-6 of this article.
E.
The second and succeeding development sections of a program for development shall cover a portion of the subdivision plat which has direct access to a road improved to at least the Town private road standard in the first or preceding development section. The Planning Board shall determine the area and number of building sites to be included in such development sections in the same manner as provided for a first development section in § 243-5D.
F.
In approving development in a development section, in instances where the Planning Board finds that the initial development costs to be paid for surveying, planning and engineering and the cost for improving the road to the Town private road standard exceed the aggregate financial obligations of the applicant/owner or owners according to the apportionment of total estimated costs, the Planning Board may authorize the issuance of a specific limited number of building permits within such first development section without requiring road construction pursuant to § 243-4A, B and D. In lieu of such road construction in the initial stage of development, the Planning Board may permit the building site owner or owners to construct a temporary accessway improved in accordance with suitable driveway standards. In permitting the same, the Planning Board may impose development management conditions as to the location and number of building sites eligible for such building permits. In determining such specific limited number of building permits and such conditions, the Planning Board shall be guided by:
(1)
The following objective: to obtain construction of road improvements to at least the Town private road standard upon issuance of such specific limited number of building permits as a result of actual construction by the building site owners or of funds received as a prerequisite for issuance of the specific limited number of authorized building permits pursuant to § 243-6 of this article.
(2)
The following policy: Under ordinary circumstances,
an accessway should be improved to at least the Town private road
standard to the extent that it serves more than three dwellings.
G.
If an application is made for approval of a second or succeeding development section of a program for development and if development in the first or preceding development section has not resulted in road construction to at least the Town private road standard, the Planning Board shall impose appropriate conditions before approving such development section and authorizing issuance of a specific limited number of building permits as provided in § 243-5F above. Such conditions shall be consistent with the objectives and purposes of the overall development concept, the program for development and the provisions of this article. They may specifically include a condition that no building permit shall be issued in such second or succeeding development section unless the applicant for such permit improves the accessway in the first or preceding development section to at least the Town private road standard if such accessway is not already so improved at the time of application for such building permit; provided, however, that if sufficient funds have been deposited pursuant to § 243-6 or a performance bond has been posted for such improvement to at least Town private road standards in the first or preceding development section, even though the work may not have been completed, the applicant shall not be required to improve such accessway.
H.
The Planning Board may, upon appropriate application,
enlarge the area and number of building sites previously approved
by the Planning Board in a particular development section of an approved
program for development if it finds that such enlargement and increase
in the number of building sites would be consistent with the objectives
and purposes of the overall development concept, the program for development
and the provisions of this article. If the Planning Board determines
to do so, it may impose appropriate conditions.
A.
The Planning Board shall not approve any old filed map subdivision plat or section thereof for development unless such approval is conditioned upon an approved program for financing the required public improvements pursuant to §§ 243-4 and 243-5 of this article. Such program for financing shall cover the initial costs for surveying, planning and engineering, as well as the construction costs for public improvements, the acquisition of property or of any interest or rights in property and corollary expenditures.
B.
In approving such a program for financing, the Planning
Board shall determine the total estimated costs for the initial surveying,
planning and engineering and fees associated with obtaining approval
for development of the subdivision plat or section thereof and, in
a manner similar to that for determining the amount of a performance
bond for a new subdivision plat, the total estimated construction
costs for construction of the public improvements, including land
acquisition, inspection costs and fees associated with such construction.
C.
Based on the total estimated initial and public improvement construction costs, the maximum number of building sites found pursuant to §§ 243-3B and 243-5D, the nature of the work to be done and the appropriate method of financing such work to be done, among other things, the Planning Board shall approve a program for financing which, in its judgment, apportions those total estimated costs in a fair and equitable manner among the building site owners in a specific development section as their individual share of the total financial obligation. In the instance of an application by a building site owner of a building site not in the first development section or the next to be developed in the approved order of the sequential development sections of a program for development pursuant to § 243-5A of this article, the Planning Board shall determine the financial obligation of such building site owner pursuant to the standards set forth in §§ 243-4 and 243-5 and this section of this article.
D.
The financing methods for discharging the obligations
of the owners may include, but are not necessarily limited to, deposits
in the Town of Southampton Public Improvement Trust Fund, actual construction
by owners prior to approval, actual construction by owners of an equivalent
value pursuant to the public improvement construction unit system,
a performance bond or some combination of financing methods approved
by the Planning Board.
E.
The Planning Board shall require as a condition of
approval for development that each building site owner within such
subdivision plat or development section thereof shall discharge his
financial obligation in accordance with the approved program for financing
of public improvements.
F.
In recognition of the fact that in seeking approval
for development in an old filed map subdivision plat or development
section thereof an applicant may have already incurred and/or expended
costs that are part of the total estimated costs incorporated in the
program for financing, the Planning Board shall accept validated costs
so incurred and/or expended by the applicant in whole or partial satisfaction
of his financial obligation and determine the amount still outstanding,
if any.
G.
Since it is anticipated that the discharge of financial
obligations by individual owners in such old filed map subdivision
plat or section thereof approved for development may occur over a
number of years and, as a result, the actual cost of such public improvements
may have changed significantly, the Planning Board, as a condition
in any program for financing, is also specifically authorized and
empowered to establish a provision for factoring the total estimated
cost or any elements thereof on a periodic basis in accordance with
an established public improvement construction cost index. As a result,
the exact amount of the financial obligation to be discharged by an
individual building site owner shall be determined when it is discharged.
H.
For the purpose of establishing a method of implementing
such programs through funding public improvements, including the acquisition
of property or of interest or rights in property, there is hereby
created a Town of Southampton Public Improvement Trust Fund. It shall
be used by the Town exclusively for public improvements in old filed
map subdivision plats or development sections thereof in the Old Filed
Map Overlay District of the Zoning Ordinance.[1] The following conditions shall apply to the trust fund:
(1)
The Planning Board shall require as a condition to
approval of development that each building site owner discharge his
financial obligation related to a subdivision plat or development
section thereof by depositing all or part of such financial obligation
in the trust fund prior to approval or to issuance of a building permit.
No such building permit shall be issued unless such payment shall
have been made to said trust fund.
(2)
The Planning Board Chairman, as general manager of
the trust fund, shall cause an accounting system or other means to
be established to assure that such deposits in the trust fund are
used by the Town exclusively for public improvements and corollary
expenditures in the subdivision in the subdivision plat from which
such deposits were derived.
(3)
Deposits made to such accounts in the trust fund shall
be used for construction of public improvements at such time or times
as may be directed by the Town Superintendent of Highways, as construction
manager of the trust fund, after consideration of the extent of building
development in such subdivision plat or development section thereof,
the amount of funds available in the account, the objectives and purposes
of this article and such other factors as, in his judgment, warrant
the expenditure.
(4)
The Town Superintendent of Highways is hereby specifically
authorized and empowered to direct that such public improvements be
constructed in stages, including construction of roads in accordance
with the Town private road standards, as soon as practicable and eventually
to further improve such roads to the Town public road standard.
(5)
The Town Supervisor, as financial manager of the trust
fund, may take the payments into such fund and invest them in accordance
with and as permitted by law, provided that such investment shall
not impair the use of such funds for the objectives and purposes of
this article.
I.
For the purpose of establishing an alternate method
of implementing such programs by private financing of public improvements
through the actual construction of such public improvements by the
individual building site owners in lieu of depositing money in the
trust fund, the Planning Board may establish a public improvement
construction unit system. The following conditions shall apply to
the unit system:
(1)
Upon determining the total estimated cost for the
construction of public improvements, the Planning Board shall convert
such costs to a system of equally valued construction work units and
apportion such construction work units, in a manner which, in its
judgment, is fair and equitable, among the building site owners as
their individual shares of the total construction work.
(2)
The Planning Board shall require as a condition to
approval of development that each applicant for a building permit
perform at his expense his share of the construction work units.
(3)
No building permit shall be issued to a building site
owner unless he has performed such work to the satisfaction of the
Town Superintendent of Highways or unless he has furnished a performance
bond with cash security to the Town for such work.
J.
The Planning Board may require as a condition to approval of development that a covenant be recorded in the Suffolk County Clerk's office prior to the issuance of a building permit in relation to any building site within the subdivision plat or development section thereof to assure the consent of the owner of such building site to participation in a special assessment street improvement program in accordance with § 200 of the Town Law in the event that such program becomes necessary in order to complete the public improvements in that subdivision plat or development section thereof. In recognition of the fact that in some instances the provisions for funding of public improvements set forth in § 243-6 of this article might not result in completion of public improvements in accordance with Town standards applicable to new land subdivisions due to a lack of sufficient building development in such subdivision plat or development section thereof or due to other unanticipated factors, the condition authorized under this subsection is envisioned as a safeguard and would provide a supplemental method of accomplishing such completion.
A.
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.
B.
Any existing dwelling constructed on a lot in an old
filed map plat prior to the enactment of this article shall not be
affected by this article.
C.
Upon approving for development any old filed map subdivision
plat or any program of development and sequential development sections,
the Planning Board shall send a copy of all appropriate documents
and maps, including all limitations or conditions related to such
development and the issuance of building permits, to the Town of Southampton
Building Inspector, the Superintendent of Highways and the Town Supervisor.
Such officials of the Town shall be responsible for implementing the
necessary administrative and enforcement procedures associated with
carrying out such development. The Planning Board may send a copy
of all such documents to the Town Assessor for information purposes.
D.
No building permit shall be issued in relation to
any building site in a subdivision plat in the Old Filed Map Overlay
District unless there is conformity with the development approved
by the Planning Board and with the conditions imposed by the Planning
Board incident thereto.
[Adopted as Ch. 48, Art. II, of the 1979 Code]
A.
The Town Board finds that old filed maps, as defined
in Article XI of the Town of Southampton Zoning Ordinance,[1] the Old Filed Map Overlay District, will constitute, as
they develop, a substantial share of all residential subdivision development
in the Town. The Town Board also finds that much of the Ronkonkoma
Moraine and of the projected water catchment residence, agricultural
reserve residence and open space areas of the adopted Town of Southampton
Master Plan, as well as the comprehensive planning goals and objectives
of the Master Plan itself, are threatened with adverse and irreversible
impacts by such old filed maps.
B.
In order to overcome those adverse and irreversible
impacts which would result from the potential development of such
maps, as described in Article XI of the Town of Southampton Zoning
Ordinance, to assure the continued availability of the open space
character of that significant area of the Town, to preserve its vital
natural resources and to provide for its orderly growth and development,
the Town Board has determined that it is necessary to establish a
land tenure system based on development rights and the transfer thereof
and a public improvement development program for such old filed maps.
The provisions relating to such land tenure system are contained in
Article XI of the Town of Southampton Zoning Ordinance. The provisions
relating to such public improvement development program are contained
in Local Law No. 1-1978, entitled "A Local Law Regulating the Development
of Old Filed Maps."[2]
C.
The Town Board recognizes that the goals and objectives
of such land tenure system and such public improvement development
program may not be fully achieved under the provisions of Article
XI of the Town of Southampton Zoning Ordinance and the provisions
of said local law. The Town Board also recognizes that in some instances
those provisions may cause hardship for property owners affected by
such provisions. Therefore, in order to further such goals and objectives
and in order to provide a form of relief in cases of hardship, this
article authorizes and establishes an Old Filed Map Land Bank and
Land Bank Program. Such Land Bank Program is intended to serve in
a variety of ways to accomplish a variety of functions necessary to
achieve those goals and objectives and to provide a form of relief
in cases of hardship. Some of such ways and functions would be the
following:
(1)
To assist in creating and stimulating a market for
the acquisition and disposition of development rights.
(2)
To provide an available vehicle for the acquisition
of development rights on land from property owners who demonstrate
hardship as a result of the application to their property of the provisions
of Article XI of the Town of Southampton Zoning Ordinance or of the
provisions of said local law.
(3)
To provide an available vehicle for the acquisition of development rights or land from property owners who make application pursuant to § 330-53F of the Zoning Ordinance.
(4)
To provide an available vehicle for the acquisition
of development rights or land from property owners whose sites are
not approved for use as building sites as a result of Planning Board
conditions imposed pursuant to said local law.
(5)
To promote and manage the orderly development of old
filed maps by the acquisition, holding and disposition of development
rights or land.
(6)
To facilitate achievement of the comprehensive planning
goals and objectives of the adopted Town of Southampton Master Plan,
of Article XI of the Town of Southampton Zoning Ordinance and of said
local law by the acquisition, holding and disposition of development
rights or land.
(7)
To facilitate future planning of old filed maps and
to maintain public land reserve with respect thereto by the acquisition,
holding and disposition of development rights or land.
(8)
To provide for open spaces and to preserve vital natural
resources by the acquisition and holding of development rights or
land.
D.
Article XI of the Town of Southampton Zoning Ordinance sets forth provisions applicable in the Special Old Filed Map Overlay District, which provisions are necessary in order to promote public health and safety. The Town Board recognizes that in some instances such provisions may cause hardship for property owners affected thereby. In order to provide a form of relief in cases of hardship, the Old Filed Map Land Bank Program may also serve to provide an available vehicle for the acquisition of development rights or land from property owners who demonstrate hardship as a result of the application to their property of the provisions of Article XI of the Town of Southampton Zoning Ordinance and to provide an available vehicle for the acquisition of development rights or land from property owners who make application pursuant to § 330-58D of the Zoning Ordinance. The Old Filed Map Land Bank Program may also serve to assist in creating and stimulating a market for the acquisition and disposition of development rights located in the Special Old Filed Map Overlay District.
The acquisition of interests or rights in real
property for the purposes of this article and the holding and disposition
thereof for and in accordance with the purposes of this article are
hereby declared to be for the public purpose of achieving the land
policy and land planning goals and objectives of the Town of Southampton,
whether or not at the time of acquisition or expenditure of funds
for acquisition or maintenance any particular future use, public or
private, is contemplated for such real property. Appropriations for,
issuance of bonds or notes for and taxation for such acquisition,
holding and disposition are hereby declared to be for a valid public
purpose. Such acquisition, holding and management and disposition
are hereby declared to be for a valid public purpose.
A.
The Town Board of the Town of Southampton may acquire
by purchase, condemnation, exchange, gift, grant, devise, lease or
otherwise interests or rights in real property situate in the Old
Filed Map Overlay District or in the Special Old Filed Map Overlay
District, as defined in the Town of Southampton Zoning Ordinance,[1] for the purposes of this article. Such interest or rights
in real property may consist of the fee or any lesser interest, development
right, partial development right, easement, covenant or other contractual
right necessary or desirable to achieve the purposes of this article.
B.
The Town Board of the Town of Southampton may hold
and manage such interests or rights in real property for and in accordance
with the purposes of this article. The Town Board may enter into a
lease or other agreement for the purpose of maintaining such interests
or rights and making appropriate use of such interests or rights while
such interests or rights are held in a public land reserve or otherwise,
provided that such lease or other agreement is consistent with the
purpose of this article.
C.
The Town Board of the Town of Southampton may dispose
of such interests or rights in real property for and in accordance
with the purposes of this article.
D.
In conjunction with the Planning Board, the Town Board
of the Town of Southampton may facilitate the implementation of overall
development concepts, programs for development and development sections
pursuant to this article.
E.
The Town Board of the Town of Southampton may assemble
building sites or other land areas suitable for use under the provisions
of said Article and then hold, sell, lease or otherwise make such
sites or areas available for such appropriate use.
F.
The Town Board of the Town of Southampton may impose
appropriate restrictions on properties which it proposes to dispose
of as a condition of sale, lease or other agreement.
A.
The Town Board of the Town of Southampton may from
time to time adopt and amend rules and regulations with respect to
procedures and policies to be utilized in implementing this article.
B.
The Planning Board of the Town of Southampton may
from time to time make investigations, maps, reports and recommendations
with respect to the acquisition, holding and management and disposition
of interests or rights in real property pursuant to this article.
The Planning Board shall maintain records of such investigations,
maps, reports and recommendations. The Planning Board may also make
recommendations with respect to procedures and policies to be utilized
in implementing this article.
A.
There is hereby created a Town of Southampton Land
Bank Trust Fund to be used by the Town exclusively for the acquisition,
holding and management and disposition of interests or rights in real
property pursuant to this article. The Town Board of the Town of Southampton
may from time to time make appropriations for said trust fund, provide
moneys for said trust fund by borrowing pursuant to the Local Finance
Law and receive moneys for said trust fund from any other lawful source,
including receipts resulting from management and disposition of such
interests or rights in real property, all in accordance with applicable
law. The Town Supervisor may invest moneys received for said trust
fund in accordance with and as permitted by law.
B.
The Town Board of the Town of Southampton shall cause
an accounting system or other means to be established to assure that
interests or rights in real property acquired for the purposes of
this article are held, managed and disposed of for and in accordance
with the purposes of this article.