[Amended 10-23-2001 by L.L. No. 37-2001]
A.
Since the land areas characterized by the Bridgehampton
and Haven Soil Associations are among the most productive soils in
New York State and since those areas in the Town of Southampton have
been found to have a high economic viability, producing on a very
limited area a disproportionately large share of the total value of
all agricultural produce sold in New York State, they constitute a
highly significant agricultural and economic resource in both the
Town of Southampton and the state. In addition, these areas provide
the open rural land use environment so highly valued by those persons
who support the Town of Southampton’s recreational and resort
economy, as well as by year-round residents. Yet, despite these values,
it is found that growing economic and development pressures threaten
to destroy this important resource. Therefore, as a matter of public
policy, the Town of Southampton designates those specific land areas
as the Agricultural Overlay District in order to encourage and to
make economically feasible the preservation of these lands for agricultural
purposes.
B.
As noted, the agricultural land base of the Town has
been under considerable pressure for conversion over time to nonagricultural
uses. The Town of Southampton and County of Suffolk have managed to
preserve roughly 18% of the existing agricultural land base through
purchase of development rights and another 12% with private subdivision
reserves and private land trust easements. The Town’s agricultural
reserve program has preserved roughly 900 acres; however, due to existing
ownership and development patterns, these parcels are becoming isolated
from one another, are relatively small in size and are in close proximity
to residential development. The 1999 Comprehensive Plan Update recommends
a number of strategies in order to preserve a maximum amount of the
remaining agricultural land base in such a way as to maximize potential
for agricultural use, including the goal of protecting a minimum of
80% of the farmland parcel and reducing the overall development density
by 50%. The Comprehensive Plan suggests an incentive-based conservation
subdivision process focusing on a series of incentives and disincentives
to encourage the owners to preserve the largest number of acres, while
protecting equity value in the land. As part of an overall program
to increase efforts to preserve greater percentages of farmland through
a combination of planned residential development, transfer of development
rights, purchase of development rights, Agricultural Planned Development
Districts and private conservation donations, it is intended that
there be a goal of preserving a minimum of 80% of farmland parcels
and approximately 50% reduction in the permitted on-site development
density of all remaining farmland tracts exceeding 10 acres in size
within the Agricultural Overlay District. The encouragement of the
preservation of more land and the reduction of density within the
Agricultural Overlay District will allow economic and aesthetically
compatible development with an overall reduction in traffic impacts,
reduction of impacts on groundwater resources, reduction of impacts
from stormwater runoff, and reduction in on-site and off-site infrastructure
and development costs.
C.
For the purposes of subdivision development in the
Agricultural Overlay District, the residential development site portion
of the entire tract shall be so delineated as to make available and
to preserve intact the maximum possible land area for agricultural
purposes. The resulting agricultural open space reserve (hereinafter
referred to simply as “agricultural reserve”) shall be
dedicated to a public or quasi-public land trust; or placed in a homeowners'
or property owners' association with an agricultural open space easement
running to the Town; or an acceptable qualified conservation organization
or retained by the agricultural landowner with an agricultural open
space easement running to the Town or an acceptable qualified conservation
organization. The former agricultural landowner should have the first
option to continue to use the agricultural rights within the resulting
agricultural reserve as a lessee. Furthermore, it has been found that
the larger contiguous agricultural areas are better suited to the
efficient practice of farming and that they are less likely to conflict
with the other functional areas of community land use and services.
Therefore, it intended to encourage the aggregation of such agricultural
reserves by permitting, in appropriate cases, the transfer of the
residential development of capital values to an approved land area
off the owner’s agricultural holdings, generally, located in
the same school district.
A.
The projected residential development site area and
the intensity of use to be permitted on that site shall be established
through consideration by the Town Board of the following factors,
among others, that it may deem relevant:
(1)
A current real estate appraisal of the entire agricultural
tract's market value.
(2)
The proposed intensity of projected land use on the
residential development site portion of the tract necessary to create
a development or capital value on that site equal to the established
value of the entire agricultural tract.
(3)
A current real estate appraisal of the value of the
projected residential development site portion of the tract at the
intensity of use being considered.
(4)
Findings of the Town Planning Board with regard to
the compatibility of the projected residential development site portion
of the tract and its intensity of use with the Town of Southampton
Master Plan of 1970 and this chapter and with regard to the site's
suitability for residential development.
(5)
The degree to which the projected residential development
site portion of the tract and the resultant agricultural reserve area
to be dedicated to the public or quasi-public land trust will promote
the purpose of this Agricultural Overlay District.
B.
The agricultural reserve area resulting from these
procedures shall be subject to such rules and regulations as may have
been established by the Town Board and by the public or quasi-public
land trust.
[Amended 10-23-2001 by L.L. No. 38-2001]
A.
Applicants for a planned residential development in
the Agricultural Overlay District may transfer the residential development
or capital value of the entire agricultural tract to an approved land
area off said tract, even though the land is not contiguous to the
agricultural tract. Such approved residential development site area
shall be deemed to be an integral part of the agricultural tract in
establishing the residential development or capital value of the entire
agricultural tract and in computing the land’s development capacity
in terms of dwelling units.
[Amended 7-10-1990 by L.L. No. 19-1990; 10-11-1994 by L.L. No. 48-1994; 9-22-1998 by L.L. No. 33-1998; 8-27-1999 by L.L. No. 25-1999]
In furtherance of the purposes as set forth in § 330-47A of this chapter, and pursuant to the provisions of § 247 of the New York State General Municipal Law, owners of all types of agricultural lands as defined by § 301 of the New York State Agriculture and Markets Law, which lands are situated within the Agricultural Overlay District, may elect to sell and the Town may elect to purchase the development rights of said lands pursuant to the conditions, limitations, terms and provisions as set forth in this section.
A.
AGRICULTURAL ADVISORY COMMITTEE
ALIENATION
COMMUNITY PRESERVATION FUND ADVISORY BOARD
CONSTRUCTION PERMIT
DEVELOPMENT RIGHT
PERMIT ADMINISTRATOR
PLANNING BOARD
STRUCTURE
WAIVER LETTER
As used in this article, the following terms shall
have the meanings indicated:
The transfer of any development right from the Town of Southampton
to another.
The Town of Southampton Community Preservation Advisory Board created under § 140-4 of the Town Code.
Authorization to erect structures after public hearing of
the Town Board.
The permanent legal interest and right to prohibit or restrict
the use of the premises for anything other than agricultural production
as that term is, or shall hereafter be, defined by § 301
of the New York State Agriculture and Markets Law.
The Town Planning and Development Administrator or his/her
designee.
[Amended 12-12-2023 by L.L. No. 39-2023]
The Planning Board of the Town of Southampton.
In addition to the definition set forth in § 330-5 of this chapter, "structure," for the purposes of this section, shall include any and all paved walkways, driveways and roadways.
Authorization by the Permit Administrator to erect structures
where no construction permit is required.
B.
Acquisition of development rights and limitations
on alienation.
(1)
The Town Board shall solicit offers for the sale to
the Town of development rights pursuant to the recommendations of
the Community Preservation Advisory Board in conjunction with the
Agricultural Advisory Committee or the Planning Board.
(2)
Upon the receipt of any such offer or offers and after
real estate appraisal setting forth the market value of the development
rights to be acquired, the Town Board shall conduct a public hearing
on the question of the acceptance of any such offers.
(3)
Within 60 days after the conclusion of the public
hearing, the Town Board shall adopt a resolution either accepting
or rejecting any such offers.
(4)
The instrument of conveyance transferring the development
rights to the Town shall be executed by the Supervisor on behalf of
the Town, as well as the grantor, and shall contain a covenant specifically
setting forth the limitations on alienation of the development rights
and the limitations on use and enjoyment of the estate or interest
reserved by the grantor as the same are set forth as of the date of
the contract for the sale of said development rights.
C.
Administration.
(1)
The Department of Land Management shall provide administration
services to support the Community Preservation Advisory Board and
the Agricultural Advisory Committee in the performance of the duties
set forth by this section.
(2)
Duties of the Community Preservation Advisory Board
and the Agricultural Advisory Committee shall include:
(a)
Inventory lands within the district for the purpose of proposing a comprehensive scheme of development rights acquisition to the Town Board as part of the Community Preservation Project Plan as defined by § 64-e of the New York State Town Law and Article I of Chapter 140 of the Town Code. Special consideration will be given to coordinating such proposals with the objectives of the Suffolk County Farmland Preservation Program, Town of Southampton Strategy for Farm and Farmland Preservation and the technique of transfer of development rights and planned residential development as the same are set forth in other portions of this chapter.
(3)
Duties of Farmland Permit Administrator. The Permit
Administrator shall be responsible for the day-to-day administration
of the Town Farmland Preservation Program. He or she shall, upon the
advice of the Committee and subject to the approval of the Town Board,
be authorized to hire expert consultants whose services are needed
to implement and administer the program. He or she shall issue waiver
letters where no construction permit is required.
D.
Erection of structures subsequent to transfer of development
rights. No structures of any kind whatsoever shall be permitted to
be erected or maintained, except for structures legally existing on
the date of transfer, subsequent to the transfer of development rights
to the Town, except as specifically set forth in this subsection.
(1)
Waiver letter. The Permit Administrator shall be empowered
to authorize construction by the issuance of a waiver letter for the
following specified items:
(a)
Repair of structures lawfully existing as of
the date of transfer.
(b)
Installation of fences, irrigation wells and
pumps and structures for the storage of feed, fertilizer, harvested
crops, fuel or machinery. The Permit Administrator may approve an
increase in the permitted height of a fence located in any front,
side or rear yard in order to protect agricultural crops from damage
due to deer so long as: (i) the maximum height does not exceed eight
feet; (ii) the subject property is currently in agricultural production;
(iii) the applicant can demonstrate that an economic loss will occur
to agricultural crops without an increase in fencing height; (iv)
alternatives to fencing that will reduce the economic loss of agricultural
crops have been investigated; (v) alternative types and heights of
fencing materials have been investigated; and (vi) the installation
of the fencing will be accomplished in a manner to preserve and protect
the visual and scenic resources of the Town.
[Amended 12-12-2023 by L.L. No. 39-2023]
(2)
Construction permit. The Planning Board shall be empowered
to issue a permit for the construction of buildings and other structures
customarily accessory and incidental to agricultural production as
the same is or shall hereafter be defined in § 301 of the
New York State Agriculture and Markets Law, in accordance with the
following procedure:
(a)
An application for a construction permit shall be filed with the Planning Board and shall be processed in accordance with the same procedural and submission requirements for site plan review pursuant to §§ 330-183 through 330-184 of this chapter. Where applicable, the Planning Board shall combine an application for a construction permit with an application for special exception permission pursuant to Article XVII of this chapter.
(b)
In addition to all other required site plan
referrals, the Planning Board shall refer an application for a farmland
construction permit to the Agricultural Advisory Committee for its
report and recommendations.
(3)
Any lawfully existing building, structure or use occupying
lands preserved for agricultural purposes which was an expressly permitted
or special exception use in the zone in which it is located and for
which a waiver letter was issued by the Farmland Permit Administrator
or a construction permit was granted by the Town Board shall be deemed
to be a permitted or special exception use as if such approval or
permission were granted by the Planning Board. Any changes or modifications
to the building, structures or uses shall require a waiver letter
or construction permit in accordance with the provisions of this section.
(4)
The remedy for any person aggrieved by a decision
of the Planning Board under this section shall be an Article 78 proceeding.
Such proceeding shall be instituted within 30 days of the filing of
the decision in the office of the Town Clerk.
[Added 10-11-1994 by L.L. No. 48-1994[1]; amended 9-22-1998 by L.L. No. 33-1998; 8-27-1999 by L.L. No. 25-1999]
A.
Acquisition of development rights or easements via subdivision or site plan procedure. No structures of any kind whatsoever shall be permitted to be erected or maintained on lands which have been preserved for agricultural purposes as a condition of subdivision or site plan approval by grant of easement, covenant, deed of development rights, lease or other property interest granted to the Town, except those structures that may be permitted by the Farmland Permit Administrator, Agricultural Advisory Committee and/or Planning Board pursuant to the same procedural requirements as set forth in § 330-50D(1) and (2).
[Amended 12-12-2023 by L.L. No. 39-2023]
B.
Suffolk County purchase of development rights program.
No structures, of any kind whatsoever shall be permitted to be erected
or maintained on lands which have been preserved for agricultural
purposes as a condition of the sale of development rights to the County
of Suffolk, except those structures that may be permitted by the Suffolk
County Farmland Committee and, if applicable, the Planning Board where
special exception permission and/or site plan review is necessary.
[1]
Editor's Note: This local law also repealed
former § 330-51, Special use regulations, added 10-23-1984
by L.L. No. 19-1984, as amended 6-12-1990 by L.L. No. 14-1990.
