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.
A.
The Special Old Filed Map Overlay District shall consist
of all land subdivisions situated within any residence district filed
in the office of the County Clerk prior to May 13, 1931, and located
within the Town of Southampton south of the Montauk Highway (County
Road No. 80) between the Shinnecock Canal on the east and the Brookhaven
Town line on the west.
B.
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 having an area of less than 10,000 square feet in the Special Old Filed Map Overlay District unless such building permit has been authorized by special permit pursuant to § 330-61.
[Amended 8-8-1989 by L.L. No. 14-1989; 11-13-1990 by L.L. No. 28-1990]
C.
Each and every lot in the Special Old Filed Map Overlay District having a lot area of less than 10,000 square feet, lawfully existing in a single and separate ownership and having no dwelling erected thereon, 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 10,000 square feet. Such partial residential development rights may be transferred in accordance with the provisions of § 330-59.
D.
In the event that Subsection B is adjudged unconstitutional as applied to a particular lot or in the event that a special permit application pursuant to § 330-61 is denied and thereafter it is adjudged that such special permit application must be granted, 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; or
(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.
A.
Partial residential development rights granted by § 330-58C may only be transferred to lots that meet the criteria set forth in this section. Partial residential development rights may be transferred to lots greater than or equal to 8,000 square feet but less than 10,000 square feet to meet the requirements of § 330-57G and § 330-57I.
[Amended 4-22-2008 by L.L. No. 22-2008]
B.
Upon accumulating sufficient partial residential development
rights as to amount to one or more full residential development rights,
such partial rights may be transferred to any lot in the Special Old
Filed Map Overlay District having a lot area of not less than 20,000
square feet. The lot to which such partial rights are transferred
may then be divided into building lots, and one one-family dwelling
may be erected on each such building lot, subject to the following
conditions:
(1)
Each resulting building lot shall have a lot area
of not less than 10,000 square feet.
(2)
The maximum number of building lots resulting there from shall be limited as follows: the number of building lots which could be created from such lot if such lot were divided or used in conformity with the minimum required lot area set forth in § 330-11 of this chapter for the residence district in which such lot is situated, plus one building lot for each full residential development right so accumulated and transferred.
C.
Partial residential development rights granted by § 330-58C shall not be transferred out of the school district in which they are located.
D.
Partial residential development rights transferred
to lots in the R-40 or R-60 Residence District shall originate from
other lots in the R-40 or R-60 Residence District.
E.
Partial residential development rights originating
in the R-20, R-40 or R-60 Residence District shall not be transferred
out of the old filed map in which they are located unless authorized
by special permit of the Board of Appeals. The Board of Appeals may,
by special permit, authorize transfer out of such old filed map if
such Board determines that there is no other available lot on such
old filed map to which such partial rights may reasonably be transferred.
F.
In the event that two or more adjoining lots in single and separate ownership are granted partial residential development rights by § 330-58C and in the event that such adjoining lots taken together have a combined lot area of at least 10,000 square feet, such partial rights shall not be transferred unless authorized by special permit of the Board of Appeals. The Board of Appeals may, by special permit, authorize transfer of such partial rights if such Board determines that such adjoining lots may not reasonably be combined or merged into a building lot having a lot area of at least 10,000 square feet for erection of a one-family dwelling thereon.
A.
An applicant for a building permit involving the transfer
of residential development rights in the Special Old Filed Map Overlay
District shall provide the following documentation:
(1)
A guaranteed survey of the subject lot on which the
dwelling is to be constructed and a guaranteed survey of all lots
from which residential development rights are being transferred. All
such surveys shall show the lot area of all such lots.
(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 lot and for all lots 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 lots from which residential development rights are being transferred.
(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 § 330-58C 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 to be erected on a building lot resulting from the transfer of accumulated partial rights in the Special Old Filed Map Overlay District pursuant to § 330-59B shall be as follows:
(1)
In the case of a resulting building lot having a lot area of 20,000 square feet or more, the front, rear and side yard requirements shall be as provided in § 330-11 for the R-20 Residence District.
(2)
In the case of a resulting building lot having a lot area of more than 10,000 square feet and less than 20,000 square feet, the front and rear yard requirement shall be 30 feet and the side yard requirements shall be as provided in § 330-11 for the R-20 Residence District or as would be provided by utilizing the relief clause formula contained in § 330-115D(1), whichever is less restrictive.
(3)
In the case of a resulting building lot having a lot area of 8,000 to 10,000 square feet, the front, rear and side yard requirements shall be as provided in § 330-11 for the R-10 Residence District.
[Amended 4-22-2008 by L.L. No. 22-2008]
(4)
The lot coverage and accessory structure setbacks applicable to those parcels located in the Special Old Filed Map Overlay District shall be as set forth in § 330-115D(4) and (5).
[Added 5-13-2014 by L.L. No. 14-2014]
[Amended 4-22-2008 by L.L. No. 22-2008]
The Board of Appeals may, by special permit,
authorize issuance of a building permit for the erection of a one-family
dwelling on a lot having a lot area of less than 10,000 square feet
but greater than or equal to 8,000 square feet in the Special Old
Filed Map Overlay District, provided that:
A.
Provisions are made for proper sanitary waste disposal
facilities and water supply in conformance with the requirements of
the Suffolk County Health Department, the requirements of any other
municipal department or agency having jurisdiction over sewage disposal
and/or water supply and any requirements the Town of Southampton.
B.
Such provisions are designed to protect the groundwater
reservoir from pollution, saltwater intrusion or excessive demand
detrimental to the environment and neighboring properties.
C.
The particular lot involved lawfully exists in single and separate ownership. Proof of such single and separate ownership in the form and manner provided in § 330-115D shall be submitted.
D.
The number of unimproved lots on the same old filed
map (the old filed map on which the particular lot involved is located)
is established.
E.
The number of unimproved lots having a lot area of
less than 10,000 square feet on the same old filed map and lawfully
existing in single and separate ownership is established.
F.
After taking into account the potential future development
of the lots on the same old filed map, it is established that erection
of one-family dwellings on all the unimproved lots having a lot area
of less than 10,000 square feet but greater than or equal to 8,000
square feet on the same old filed map and lawfully existing in single
and separate ownership will not adversely affect the public health
or safety, in that provisions can be made for proper sanitary waste
disposal facilities and water supply on all such unimproved lots without
causing pollution of the groundwater reservoir, saltwater intrusion
into the groundwater reservoir or excesive demand on the groundwater
reservoir.
A.
Prior to taking action on any special permit under this article, the Board of Appeals shall hold a public hearing after public notice as provided in the case of an application to the Board of Appeals under § 330-164.
B.
All matters which under applicable law are the subject
of a mandatory referral or notice to other agencies shall be transmitted
to the appropriate agencies.
C.
The fee for special permit applications to the Board
of Appeals shall be consistent with the fees associated with a Zoning
Board of Appeals application as set forth and amended from time to
time by Town Board resolution.
D.
The burden of proof shall be on the applicant to establish
compliance with the applicable special permit standards.
E.
Prior to taking action on any special permit under § 330-61, the additional procedures set forth hereunder shall be followed:
(1)
At the conclusion of the initial public hearing before
the Board of Appeals or, if the matter is adjourned for a further
hearing or hearings, at the conclusion of such hearing or hearings,
the Board of Appeals shall refer the application to the Planning Board
for a report and recommendation, and the Board of Appeals shall cause
a transcript of the hearing or hearings to be prepared and furnished
to the Planning Board.
(2)
In making its report and recommendation, the Planning
Board shall consider the evidence submitted at the hearing or hearings
before the Board of Appeals, including the transcript of such hearing
or hearings.
(3)
In making its report and recommendation, the Planning
Board may retain or employ consultants or experts to submit a written
report to the Planning Board. In such event, the Planning Board shall
submit a copy thereof to the Board of Appeals, together with its report
and recommendation.
(4)
The Board of Appeals shall not take final action on
the application until the Planning Board has submitted its report
and recommendation thereon, unless the Planning Board fails to submit
a report and recommendation within 45 days after receipt by the Planning
Board of said transcript of the hearing or hearings.
(5)
Upon receipt of such Planning Board report and recommendation,
the Board of Appeals shall cause written notice to be given to the
applicant by mail indicating:
(a)
That such report and recommendation has been
submitted.
(b)
Whether or not a written report of a consultant
or expert was submitted, together with such report and recommendation.
(c)
That the Board of Appeals will hold a further
public hearing in order to provide an opportunity for the applicant
to be heard regarding such report and recommendation and such written
report, if any, and to submit additional evidence regarding the same,
if the applicant so requests, in writing, as hereinafter provided.
(d)
That such report and recommendation and such
written report, if any, are available for inspection and copying as
provided by law.
(e)
That any request for such further public hearing
must be made to the Board of Appeals, in writing, within 30 days after
said written notice is given to the applicant.
(6)
If the applicant requests that the Board of Appeals
hold such further public hearing as aforesaid, the Board of Appeals
shall fix a time and place for such further hearing and notify the
applicant of such time and place.
