[HISTORY: Adopted by the Town Board of the Town of Southampton 10-23-1990 by L.L. No. 25-1990. Amendments noted where applicable.]
Building construction — See Ch. 123.
Coastal erosion hazard areas — See Ch. 138.
Environmental quality review — See Ch. 157.
Landfills, transfer stations and scavenger waste — See Ch. 205.
Low-income and senior citizen housing — See Ch. 216.
Protection of natural resources — See Ch. 229.
Open space — See Ch. 247.
Subdivision of land — See Ch. 292.
Zoning — See Ch. 330.
Editor's Note: Local Law No. 1-1992, adopted 2-11-1992, provided for the renaming and redesignation of this chapter (former Ch. 300, Town of Southampton Western Generic Environmental Impact Statement Law) for alphabetical purposes.
This chapter will be known as the "Western Generic Environmental Impact Statement Law."
The purpose of this chapter is to implement for the Town of Southampton a generic environmental impact statement study for an area encompassing the Central Pine Barrens Area lying within the Town of Southampton.
This chapter is adopted under authority of the Municipal Home Rule Law, the State Environmental Quality Review Act and the State Environmental Quality Review Regulations and expressly supersedes § 276, Subdivisions 3 and 4, of the Town Law of the State of New York.
[Amended 7-28-1992 by L.L. No. 32-1992]
The study area shall consist of that area, more particularly known as follows: beginning at the point where the Brookhaven-Southampton Town line meets the Peconic River, thence easterly along the Southampton Town line of the Peconic River, to the Riverhead Road (CR 63) bridge, thence southerly along the westerly side of Riverhead Road to the southerly side of Riverhead-Hampton Bays Road (NYS Rte. 24), thence easterly along the southerly side of Riverhead-Hampton Bays Road (NYS Rte. 24) to the easterly side of Lower Red Creek Road, thence northerly to the southerly side of Upper Red Creek Road, thence easterly and southerly along the southerly and westerly side of Upper Red Creek Road as it winds southerly to Squiretown Road, thence southerly along the west side of Squiretown Road to the northerly side of the Sunrise Highway (NYS Rte. 27), thence westerly along the northerly side of Sunrise Highway to the westerly side of Riverhead-Hampton Bays Road (NYS Rte. 24), thence southerly along the westerly side of Riverhead-Hampton Bays Road (NYS Rte. 24) to the northerly side of the Montauk Highway (CR 80), thence westerly along the north side of Montauk Highway (CR 80) to the north side of the Long Island Railroad Montauk Branch right-of-way, thence westerly along the north side of the Long Island Railroad Branch right-of-way to its intersection with Old County Road (CR 71) north of Columbia Avenue, thence westerly along the northerly side of Old Country Road (CR 71) to the Brookhaven Town Line, thence northward along the Brookhaven Town Line to the point where this line meets the Peconic River, which said point is the point and place of beginning;
Said boundary being one and the same with the boundary of the Aquifer Protection Overlay District situated on the Town's Zoning Map, Sections I and II, but said boundary also intended to exclude any part of the Incorporated Villages of Westhampton Beach and Quogue, as they lie within the above boundary description.
The lead agency for the generic environmental impact study shall be the Town Board of the Town of Southampton.
Positive declaration, pursuant to SEQRA, providing for the preparation of the generic environmental impact study, shall be filed with all concerned agencies.
Pursuant to SEQRA, no agency shall give any approval to any Type I or unlisted action within the study area until the completion of the generic environmental impact statement process.
The following applications will be excluded from this chapter:
Building permits on lots that comply with all zoning and other land use regulations and for which no discretion need be exercised by any Town official.
Approved preliminary subdivision maps for which approval has not expired pursuant to Town Code § 292-15.
Approved sketch plans for minor subdivisions for which approval has not expired pursuant to Town Code § 292-9.
Any subdivisions for which a draft environmental impact statement has been accepted.
Commercial or industrial applications which have received a sketch plan approval, provided that subsequent review and final approval do not reveal the presence of more extensive wetlands, dwarf pine barrens, endangered species habitat or nestings.
Other applications may be exempted from the provisions of this chapter, after a public hearing on written applications to the Town Board. Upon such application, the Town Board shall consider:
The size of the subject parcel.
The location on and within a one-thousand-foot radius of the applicant's premises of pine barrens, wetlands, endangered plant and animal species, wildlife and other similar environmental concerns.
The extent of the proposed development and/or disturbance of the applicant's premises;
The relationship between the proposed development and its compatibility with the predominant habitat within a one-thousand-foot radius of applicant's premises.
The possible effects upon air and groundwater quality by the proposed activity.
The environmental significance, if any, of the applicant's parcel.
In making a determination under Subsection B, the Town Board may obtain and consider written reports from the Natural Resources Director, the Planning Board and such other sources as required in the judgment of the Town Board and consistent with the purpose of this chapter. A grant of an exemption to an applicant's premises shall include a determination of unnecessary hardships and unique circumstances which do not generally apply throughout the study area set forth in § 324-4 and that the grant of an exemption will be in harmony with and will not be unduly disruptive to the study undertaken pursuant to this chapter.
An application under Subsection B shall be accompanied by a fee of $200, together with the applicant's written undertaking, in a form to be approved by the Town Attorney and, in substance, approved by the Town Board, to pay either in advance or by reimbursement, at the Town Board's ongoing election, any out-of-pocket costs incurred by the Town in studies and/or by retainer of resource personnel and related to the hearing, review and determination of such application.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section or part of this chapter that shall be directly involved in the controversy in which such judgment shall be rendered.
This chapter shall take effect immediately upon filing in the office of the Secretary of State in accordance with § 27 of the Municipal Home Rule Law.