[HISTORY: Adopted by the Board of Trustees
of the Village of Southampton 2-9-2023 by L.L. No. 4-2023. Amendments noted where
applicable.]
The Board of Trustees is aware that land use applications within
the Village often require relief from one or more of the Village's
land use boards. The Board is also aware that from time to time a
question will arise as to the order in which the land use boards should
hear and render a decision upon a particular application. This chapter
creates a mechanism to resolve such questions. In doing so, land use
applications will proceed more expeditiously.
Notwithstanding any other provision within this Code, for the
purposes of this chapter, the following terms shall have the meanings
indicated below:
Any proceeding initiated before a land use board within the
Village.
The land use boards within the Village shall include the
Board of Architectural Review and Historic Preservation (BARHP), the
Planning Board and the Zoning Board of Appeals. When reviewing an
application pertaining to a special exception use, the Board of Trustees
shall also be deemed a land use board.
The Planning Director of the Village of Southampton.
An inquiry forwarded to the Village Planner by a potential
applicant to the land use boards within the Village describing a proposed
project.
A.
Upon a land use application being received by the Village Building Department,, and upon the application being deemed to contain sufficient information for initial review by a land use board, the Building Inspector shall determine whether the project as described in the application will require review by additional land use boards within the Village. If the Building Inspector determines that the proposed project will require review by more than one land use board, the Building Inspector shall consult with the Planning Director, who shall provide the Building Inspector with a written determination regarding the same. The Village Planner shall then designate the order in which the different boards shall review the project and shall notify the applicant accordingly. If the board designated to review the project is a board other than the one to which the application was first made, the first application will be held in abeyance pending the review or outcome of the other proceeding or proceedings. Where the Planning Director so informs the Building Inspector in writing, either in response to the Building Inspector's inquiry or without such an inquiry, this determination shall be binding upon the Building Inspector and the affected property owner for all purposes under this chapter, unless and until a different determination shall have been rendered by the Zoning Board of Appeals pursuant to the authority given it in § 117-5 herein. Notwithstanding the foregoing, nothing herein shall be deemed to abrogate any right of any Board to conduct coordinated review pursuant to the State Environmental Quality Review Act (SEQRA) or to declare lead agency status pursuant to SEQRA.
B.
Prior to submitting an application before a particular land use board,
a potential applicant may file a written inquiry with the Village
describing the proposed project. This inquiry shall be reviewed by
the Village Planner, who shall then designate the order in which the
applicant shall appear before the land use boards within the Village.
C.
The Planning Director shall consider the following criteria in rendering
such a determination in order to ensure that the application is first
reviewed by the Land Use Board deciding the most critical or substantial
relief:
(1)
Applications regarding alterations or additions to structures or
the construction of new structures on a property containing a contributing
structure within the Historic District or a landmark may benefit from
primary review by the Board of Architectural Review and Historic Preservation.
(2)
Applications regarding alterations, additions or new structures on
a residential property requiring wetland relief may benefit from primary
review by the Board of Zoning Appeals.
(3)
Applications regarding alterations, additions or new structures requiring
site plan review on a commercial property may benefit from primary
review by the Planning Board.
(4)
Applications requiring special exception relief from the Board of
Trustees or zone changes may benefit from primary review by the Board
of Trustees.
(5)
Applications requiring special exception relief or use variances
may benefit from primary review by the Zoning Board of Appeals.
(6)
Applications requiring variance relief on unimproved residential
properties may benefit from primary review by the Zoning Board of
Appeals.
D.
Nothing contained herein shall prevent applications from being reviewed
by multiple land use boards concurrently when the Planning Director
deems such concurrent application appropriate so long as every land
use board applied to is notified of the concurrent application and
given a copy of the application by the applicant.
A.
Any land use board conducting a review of an application may refer
the matter for input from another land use board within the Village,
and upon receipt of such a referral, the receiving board shall have
45 days to respond thereto.
B.
If, during the course of a proceeding, a land use board determines
that a matter cannot be decided without a resolution or determination
from another land use board, the matter may be referred to the Village
Planner, who shall reevaluate whether the matter should be referred
to another board for processing before the matter is determined before
the initial board.
Any person aggrieved by a decision of the Planning Director
with respect to this chapter shall have the right to appeal the decision
to the Zoning Board of Appeals within 15 days of its issuance, and
the Zoning Board of Appeals shall hear the appeal within 45 days thereafter.
Upon a decision being rendered, it shall be filed with the Village
Clerk and a copy forwarded to the appellant by regular mail.
