RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Adoption:
NOTICE OF ADOPTION
TAKE NOTICE that after a public hearing was held by the Town Board of the Town of Southampton on June 14, 2005, June 28, 2005, July 12, 2005, and August 9, 2005, the Town Board, at their meeting of August 23, 2005, adopter LOCAL LAW NO. 43 of 2005 as follows: "A LOCAL LAW amending Chapter 330 (Zoning) of the Southampton Town Code increasing the amount of disturbance of natural vegetation allowed for flagpole lots."
Copies of the proposed local law, sponsored by Supervisor Patrick A. Heaney, are on file in the Office of the Town Clerk, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
MARIETTA M. SEAMAN, TOWN CLERK
LOCAL LAW NO. 43 OF 2005
A LOCAL LAW amending Chapter 330 (Zoning) of the Code of the Town of Southampton.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. LEGISLATIVE INTENT.
The purpose of this local law is to address the amount of disturbance of natural vegetation allowed for flagpole lots. By providing some limited relief from these clearing restrictions, the Town Board recognizes the hardship encountered by these particular lots when attempting to comply with the current code restrictions.
SECTION 2. Section 330-67 (Protection of natural vegetation) of the Town Code of the Town of Southampton is hereby amended by striking through deleted words and underlining added words as follows:
§ 330-67. Protection of natural vegetation. [Amended 5-13-1986 by L.L. No. 7-1986; 12-27-1988 by L.L. No. 26-1988; 11-14-1989 by L.L. No. 23-1989]
A. To ensure maximum water recharge and to minimize the potential for fertilized vegetation, natural vegetation located on a tract or lot shall be preserved to the maximum extent possible, consistent with the following parameters:
(1) The natural vegetation on a lot or a tract in the overlay district shall not be disturbed until such time that a building permit, site plan approval or final subdivision approval is received or until such time that the Planning Board has granted approval to a site disturbance plan as provided below:
(a) The site disturbance plan shall be based on a recent survey of the subject parcel, at a minimum scale of one inch equals 40 feet, or at a scale found sufficient by the Department of Natural Resources for review purposes. Said survey/plan shall depict the existing vegetated areas and the areas proposed to be disturbed. A recent aerial photograph, at the same scale, may be substituted, provided that the property boundaries and the areas proposed to be disturbed are superimposed.
(b) The request to the Planning Board to review the Site Disturbance Plan shall be made or authorized by the landowner(s) and shall include an affidavit which advises the Planning Board what the purpose and need for the proposed disturbance is. The Planning Board may approve the plan or approve the plan with modifications or conditions. The Planning Board may also disapprove said plan if it is found that the proposed disturbance is not consistent with the intent of the provisions of this article, or if the purpose of the disturbance is for future development of the property which has not been approved by the Town.
(c) If restoration or revegetation is required on any site disturbance plan, the Planning Board may require the applicant to post a performance bond in an amount equal to the estimated cost of restoring the disturbed areas to their previous state. The term of said performance bond shall not exceed a period of one year and shall not be released until written notification is received from the Planning Board that the disturbance has been satisfactorily completed in accordance with the approved plan.
(2) Nonresidential lots and tracts.
(a) For nonresidential lots or tracts proposed for development, the amount of disturbance of natural vegetation shall not exceed 50% of the area of the respective lot or tract. The Planning Board may restrict the remainder of the site or portions thereof so that the burden of meeting the maximum disturbance limitation is not borne by any future lots resulting from the subdivision of the tract.
(b) For nonresidential tracts proposed for subdivision, the total amount of disturbance of natural vegetation shall not exceed greater than 50% of the area of said tract. In determining the amount of disturbance on a proposed lot in a subdivision, the Planning Board shall first calculate the amount of disturbance for all roads, common driveways, drainage areas, active park areas and any other improvements connected to the subdivision map and then proportionately divide the remaining area among the proposed lots.
(3) For multifamily lots or tracts, including parcels for senior citizen and affordable housing projects, but excluding attached-housing planned residential developments, the amount of disturbance of natural vegetation shall not exceed 50% of the area of the respective lot or tract. The Town Board may alter or waive the provisions of this subsection where an affordable housing project otherwise would meet the provisions of the Town Code and a revegetation program which protects the aquifer is incorporated into the project design.
(4) Residential lots and tracts.
(a) For residential lots, the amount of disturbance of natural vegetation shall not exceed the following percentages, except on flagpole lots, where the area of the pole shall be exempt from the total lot area and the total amount of clearing permitted:
(square feet) Percentage of Site
1 to 15,000 75%
15,001 to 30,000 60%
30,001 to 60,000 50%
60,001 to 90,000 35%
90,001 to 140,000 25%
140,001 to 200,000 20%
200,001 or greater 15%
(b) For the development of a residential tract with one single-family dwelling and its accessory structures, the amount of disturbance of natural vegetation shall not exceed the maximum percentage allowed as provided in Subsection A(4)(a) above for the minimum required lot area of the zoning district in which the tract lies (e.g., a tract upon which a dwelling is proposed in the CR-40 Zone would not be allowed to be disturbed in excess of 50% of 40,000 square feet). The Planning Board may modify the provisions of this subsection where the applicant has agreed to restrict the remainder of the site or portions thereof so that the burden of meeting the maximum disturbance limitation is not borne by any future lots resulting from the subdivision of the tract.
(5) Notwithstanding the provisions of the aforementioned subsections, the Planning Board, when considering a planned residential development (cluster) subdivision of a tract within the overlay district, may allow a greater amount of disturbance on a lot within the proposed map, provided that no more than 25% of the natural vegetation on the tract shall be disturbed for development. In determining the amount of disturbance on a proposed lot, the Planning Board shall first calculate the amount of disturbance for all roads, common driveways, drainage areas, active park areas and any other improvements connected to the subdivision map and then proportionately divide the remaining area among the proposed lots.
B. Notwithstanding the provisions of the aforementioned subsections, lots or tracts upon which authorization is received from the Planning Board for a special exception use or authorization is received from the Town Board for the establishment of a QPSUD or PDD pursuant to Articles XXII and XXV of this chapter, respectively, may be allowed to disturb a greater amount of the natural vegetation, provided that said use is consistent with the intent and policies of the Aquifer Protection Overlay District and that a revegetation program which protects the aquifer is incorporated into the project design. [Amended 9-26-1995 by L.L. No. 46-1995]
C. The provisions of this section do not apply where the natural vegetation on a lot or tract was substantially disturbed as a result of previous land uses prior to the effective date (April 4, 1984) of this chapter. However, previously disturbed lands which are left to revert to natural vegetation for a period of 20 years shall be subject to these regulations.
D. The Planning Board, when considering the subdivision of a tract within the overlay district, shall utilize development or building envelopes, scenic easements, reserved areas, covenants and restrictions or any other reasonable means to implement the requirements of this section. The use of the planned residential development as provided in Chapter 247 of the Town Code should be evaluated by the Planning Board to allow flexibility on the limitations for disturbance on proposed lots and to provide better management of the resultant open space areas.
SECTION 3. Severability.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION 4. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.