HomeMy WebLinkAboutLL-2003 #03Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET. ALBANY. NY 12231
(Use this form to ~e a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of
SOUTHOLD
LOCAL LAW NO. 3 2003
A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary
Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions,
Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town
of Southold
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE
Moratorium Extension
I. Legislative Intent
A Town-wide moratorium was enacted by the Town Board of the Town of Southold on August 20, 2002. The
moratorium was intended to provide sufficient tune for the Town to consider the recommendations of the Blue
Ribbon Commission and to comprehensively review Town planning issues such as affordable housing,
completion of the Local Waterfront Revitalization Plan (LWRP) and understand needed public in~astructure
including consideration of hamlet areas and transportation systems.
The Town Board established a moratorium planning team consisting of the Town attorney, Town planner and
land preservation coordinator, as well as two planning consultants and two legal consultants. The team was
directed to review Town planning goals, past planning studies, and Town characteristics and consider
implementation of key recommendations of past planning studies that assist the Town Board in achieving the
goals of the Town. The moratorium planning team established a schedule of tasks which included past plan
review, synthesis of planning recommendations, obtaining input from Committees and Boards, assessment of
Town planmng and zoning policies, and utilization of a Generic Environmental Impact Statement (GEIS)
procedure to inform the Board, involved agencies and the public of the Town's initiative. In addition, the GEIS
was intended to take a "hard look" at the implications and potential impacts of the comprehensive
implementation strategy, allow for review of mitigation and alternatives, and provide a procedure to allow a
rational and logical implementation strategy to evolve from an organized process. The Town Board authorized
the moratorium planning team to proceed with the tasks and schedule provided to the Town Board on October
8, 2002.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev. 11/99)
The moratorium planning team has met on a weekly or as-needed basis to advance the tasks and schedule as
authorized by the Town Board. The team has completed a number of important tasks to date, including:
[] review of past studies;
· synthesis of past planning recommendations;
, review of Town Code, policies and definitions;
[] preparation of Geographic Information System (GIS) resource maps in cooperation with Town data
processing staff to document Town characteristics;
· review of technical information and facts to be used in completing the GEIS and planning initiative
revsew;
· initial review of Town affordable housing policies;
[] initial review of hamlet centers, transition zones and rural areas of the Town;
· meetings and interviews w/th Town staff and department heads;
[] preparation of materials and updates of ongoing activities to be placed on the Town's website;
[] public informational meetings, Town Board updates and dialogue with the Town Board regarding policy
considerations;
· preparation of draft documents for Town Board implementation and conformance with State
Environmental Quality Review Act (SEQRA) procedures;
· commencement of preparation of a build-out analysis; and
· commencement of preparation of the Draft GEIS.
The Town Board recognizes the need to comply with SEQRA, and understands the value of this process. The
action is of Town-wide significance and is considered to be a Type I action which is more likely to require an
environmental impact statement. As a result, the Town Board has adopted a number of documents in
conformance with SEQRA, including the following important steps:
· classification of the action as a Type I action;
· designation of the Town Board as lead agency;
· preparation of an environmental assessment form;
· issuance of a Positive Declaration; and
· receipt of a Draft Scope of the Draft GEIS and setting of the public hearing.
Recognizing the significance of the action and the need and desirability to comply with SEQRA through the use
ora GEIS process, the schedule necessitates adequate time for preparation and processing of the GEIS and
evolution of the ultimate series of recommendations to be implemented. The Town Board seeks to ensure that
the process is afforded sufficient time to ensure that technical analysis and facts are generated, legal mandates
are met and social needs are accommodated. In order to do this, additional time is needed beyond the expiration
of the six (6) month moratorium enacted on the Town Board on August 20, 2002.
As a result, the Town Board of the Town of Southold seeks to extend the moratorium for an additional six (6)
month period for the propose of completing the specified tasks and schedule previously authorized by the Town
Board on October 8, 2002 and in order to provide sufficient time for the completion of the Comprehensive
Implementation Strategy and accompanying Genetic Environmental Impact Statement.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of One Hundred and Eighty (180) Days following the effective date of this Local Law after which
date this Local Law shall lapse and b~without further force and effect and st/t~ect to any other Local Law
adopted by the Town Board during the One Hundred and Eighty (180) Day period:
1) the Planning Board shall not accept for review, continue review, hold a hearing or make any
decision upon any application for a subdivision, whether that subdivision application was
submitted prior to or after the effective date of this law. This law apphes to subdivisions
(whether major subdivisions or minor subdivisions) as defined in Southold Town Code ~ A-
106-13. The statutory and locally-enacted time periods for processing and making decisions
on all aspects of subdivision applications (including, but not limited to, sketch plans,
preliminary and final subdivision plats) are suspended and stayed while this Local Law is in
effect;
2) the Planning Board shall not accept for review, continue review, hold a hearing or make any
decision upon any application for a site plan conta'ming DWELLING UNIT(S), whether
submitted prior to or after the effective date of this law, and shall not be subject to the time
periods specified in Town Law § 274-a and Article XXV of the Southold Town Code,
including without limitation, provisions relating to the, processing, reviewing, holding of
heatings and the rendering of decisions. The statutory and locally-enacted time periods for
processing and making decisions on all aspects of site plan applications containing dwelling
unit(s) are suspended and stayed while this Local Law is in effect
3) The Zoning Board afAppeals shall not accept for review, continue review, hold a hearing on,
continue a hearing or make any decision upon any application for a special use permit which
application is also subject to Planning Board approval pursuant to the Southold Town Code
where the Planning Board is prohibited t~om reviewing, processing, holding heatings on and
making decisions on because of the provisions of this local law, whether said application was
submitted prior to or after the effective date of this local law.
Section 3. APPLICATION
This local law shall apply to ALL [new or pending] applications for either subdivision approval or
special exception use permits and site plans containing dwelling unit(s) within the Town of Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) subdivisions for which final plat or conditional final plat approval was granted by the Planning
Board prior to the effective date of this local law;
2) setoffs as defined in the definition of"Subdivision" in Southold Town Code section A106-13;
3) Lot line applications;
4) new or pending applications for the subdivision of a parcel of property where interests or rights in
real property (the fee or any lesser interest, development fights, easement, covenant, or other
contractual right ) to a portion of that parcel have been sold or gifted (for purposes of permanent
preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold
Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy, prior to the
effective date of this local law;
5) new or pending applications for the subdivision of a parcel of property where an executed contract
(dated prior to the effective date of this local law) exists to either sell or gift interests or rights in
real property (the fee or any lesser interest, development rights, easement, covenant, or other
contractual right ) to a portion of that parcel (for purposes of permanent preservation) to either the
Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County
of Suffolk; the Peconic Land Trust or the Nature Conservancy;
6) new subdivision applications where an applicant has entered into a contract (dated after the effective
date of this local law) to either sell or gift interests or rights in real property (the fee or any lesser
interest, development rights, easement, covenant, or other contractual right ) to a portion of that
parcel(for purposes of permanent preservation) to either the Town of Southold (pursuant to either
3
7)
8)
9)
chapter 6, 25 or 59 ofth~outhold Town code); the County of Si~x~olk; the Peconic Land Trust or
the Nature Conservancy; provided that that portion of the property on which the interests or rights
to property are being sold or gifted encompasses at least seventy five percent (75%) of the entire
parcel. The following areas are not to be included in the calculation of the 75% threshold: that
portion of the parcel which is wetlands (as defined by Chapter 97 of the Southold Town Code),
streams, creeks, ponds, slopes over 15%, underwater land, land encumbered by easements or other
restrictions preventing use of such land for construction of buildings or development or land within
the coastal erosion hazard area as defined by Chapter 37 of the Southold Town Code.;
a site plan application for a two-family dwelling;
a site plan application for a bed-and-breakfast;
a site plan application for an accessory apartment(s);
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent
with the provision of New York State Town Law this Local Law supersedes, amends and takes precedence
over NYS Town Law pursuant to the Town's municipal home role powers, pursuant to Municipal Home Rule
Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any inconsistent authority.
In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town Code
§§§ A106-21, A106-22, A106-23 and A106-24, which require that the planning board act upon, hold hearings
on, and make decisions concerning subdivision applications (including, but not limited to, sketch plans,
preliminary and final subdivision plats) within specified time periods. This local law suspends and stays the
running of time periods for processing, acting upon, holding hearings on, making decisions and taking action on
such subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision
plats) provided for in those laws.
And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with
the provisions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relating to the authority to grant variances,
waivers or other relief ~om this Local Law, this Local Law is intended to supersede and amend any said
inconsistent authority.
And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with
the provisions of Town Law § 274-a and the provisions and requirements set forth in Article XXV of the
Southold Town Code, which require that the Planning Board process, review, hold heatings on, and act upon
applications for site plans within specified time periods, this local law suspends and stays the nmning of time
periods for processing, review, holding heatings on, making decisions, and taking action on such applications
provided for in those laws and is intended to supersede and amend any said inconsistent authority.
And to the extent and degree any provisions of this Local Law are construed as being inconsistent with
the provisions of Town Law §§ 267-a and 274-b and the provisions of Article XXVI of the Southold Town
Code, which require that the Zoning Board of Appeals act upon applications for special exception use permits
within specified time periods, this local law suspends and stays the nmning of time periods for processing,
reviewing, holding heatings on and making decisions on such applications provided for in those laws and is
intended to supercede and said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application of any provision of this
Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to
alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must
fred that a variance or waiver will not adversely effect the purpose of this local law, the health, safety or welfare
of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall
take into account the existing land use in the immediate vicinity of the property and the impact of the variance
or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources,
and transportation infrastructure of ti, e Town. The application must comply ~ch all other applicable provisions
of the Southold Town Code.
b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of
five hundred ($250.00) dollars for the processing of such application, along with copies of such plat showing all
required improvements in accordance with the procedures of §Al 06-25, § A106-27 and Articles III and 1V of
Chapter Al06 of the Southold Town Code.
c. All such applications shall, within five (5) days be referred to the Planning Board, which shall
have thirty (30) days following receipt to make a recommendation to approve or disapprove a variance or
waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board which
may conduct a public_hearing and make a final decision on the application, with or without conditions. Final
approval is reserved to the absolute legislative discretion of the Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
(ComPlete the certifica~tu~i in the paragraph that applies to the fili-~gof this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby eertify that the local la~v annexed hereto, designated as local law No. 3 of 20 03 . of the
(C~un~y)(City)(Town) (V~!!xg:) of SOUTHOLD was duly passed by the
TOWN BOARD on February 4 ,20 03 , in accordance with the applicable provisions of law.
2. (PasSage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20 ,
in accordance with the apphcab!e provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 ., and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ora majority of
the qualified electors voting thereon at the (general)(SPecial)(armual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was fried requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor ora city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
5. (City local law concerning Chartei~,'evision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I h~reby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of f'mal adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
C~afive ~ody~a.eo Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(Sea/) Date: February 6, 2003
(Certification to be-executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other autliorixed attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
the undersigned, hereby certify that the foregoing local law contains the c~r~ect text and that all proper proceedings
have been had or taken for the enactment of the local law annexed~ _ '
~t~. F~Esq., Assistant Town Attorney
Greeorv F. Yakaboski, Es{l., Town Attorney
Title
Town of
SOUTHOLD
Date:
(3)
February 6, 2003
GEORGE E. PATAKI
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY. NY 1223 I -000 I
RECEIVI~D
RANDY A. DANIELS
BAR 3 2003
Southold Town ClerJ
February 24, 2003
ELIZABETH A. NEVILLE
TOWN HALL 53095 Main Road
P.O. Box 1179
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 3, 2003, filed 02/10/2003
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
ROBERT J. GAFFNE~¢
SUFFOLK COUNTY EXECUTIVE
January 24, 2003
THOMAS ISLES. AICP
DIRECTOR OF PLANNING
RECEIVED
Town Cleric
Town of Southold
Applicant:
Town of Southold
FElt
Southold Town Clerk
Zoning Action:
Extension of Moratorium on
subdivisions/special exceptions and site
plans containing dwelling units
Public Heating Date: 2/4/03
S.C.P.D. FileNo.: SD-03-1
Gentlemen:
Pm-suant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative
Code, the above referenced application which has been submitted to the Suffolk County Planning
Commission is considered to be a matter for local determination as there is no apparent significant
county-wide or inter-corranunity impact(s). A decision of local determination should not be
construed as either an approval or disapproval.
Very truly yours,
Thomas Isles
Director of Planning
GGN:cc
cc: Town Attorney
G:\CC HO RNY~.ONING~.ONING\WORKING\LD2003~JAN\SDO3~I .JAN
S/s Gerald G. Newman
Chief Planner
LOCA"R ON MAILING ADDRESS
LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX ~ I O0 · (B3 I ) 853-5 190
O0 V~FERANS MEMORIAL HIGHWAY HAUPPAUGE. NY 788~0099 TELECOPIER {63 I ) 853-4044
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nor thfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February5,2003
New York State Department of State
State Records and Law Bureau
41 State Street
Albany, NY 12231
RE: Local Law Number 3 of 2003
Town of Southold, Suffolk County
Dear Sirs:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am
enclosing herewith certified copies of Local Law Number 3 of 2003 of the Town of Southold m
Relation to an One Hundred and Eighty (180) Day Extension of he Temporary Moratorium on
the Processing, Review of, and making Decisions on applications fro Major Subdivisions and
Special Exception Use Permits and Site Plans containing Dwelling. Unit(s) in the Town of
Southold suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the enclosures
in your office. Thank you~
U.S~P~)-stal ~ervice
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
lEnd°rsement Required}
[Restricted Delivery Fee
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
RECEIVED
Seutho?a Town
SENDER: OOMP£ETE THIS SECTION
I, C~q Cte~ items 1 2 and 3. Also complete
iteh~ If:R6stdcted Delivery is desired.
· Prin: :k~r dame and address on the reverse
so;;tl "
~ we, 'can return the card to you.
· At~ this:card to the back of the rnailoiece,
or.(~ I~ front f space permits.
1. Artip~e~ ~ddressed to:
COMPLETE THIS SECTION ON DEL/VERY
A. Received by fP/ease Print C/eady) B. Date of Delivery
o. S,g. .re FEB
X [] Addressee
D, Is delivery address different from item 17 [] Yes
If YES, enter delivery address below: ~i~ No
2, ArtJsle N~mDerr(Copy from service/abel)
PS ~;o¢~ b~4..I, ,JUly '1999 ~ Domestic Return Receipt
3. Service Type
'~"Certified Mail [] Express Mail
[] Registered [] Return Receipt for Merchandise
[] insured Maid [] C.O.D,
4. Restricted Delivery? (Extra Fee) [] Yes
102595-00-M-0952
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STATE OF NEW YORK)
)SS:
~ OF SUFFOLK3
..~___~.~/~'.~Z/~'~c/~/7~'-~'/~-of Mattituck, in said
'county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of
Southold, County of Suffolk and State of New York,
and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper
once each week for // weeks succes-
sively, com~encing on the ,~.-,~ day
of
~// Principal Clerk
Sworn to before me this
day of ~ 20 b~
LAURA E. BONDARCHUK
Notary Public, State of New York
No 01B0(~067958
Qualified in Suffolk County
~y Con, mission Expires Dec. 24, 20_
Affida t of Posting o_ Tm , C .k Bu[!et.n
STATE OF NEW YORK)
SS
COUNTY OF SUFFOLK
ELIZABETH A.~ NEVILLE,. Town Clerk of the Town of Southold,-New York being~dnlv sworn
says that on the 22~a day of January~ 2003 she affixed a notice of adoption of the'annexed
printed resolution which is a true copy~in a proper and substantial m~nner,~ in a most. public place
in the Town of Southold, Suffolk County, to wit: town Clerk's Bullefm Boar& Southold. New
Yorl~ 53095 Main Road;~ Southol&New York.-
Resolution number 57 advertising-the public he, ring. on Local Law in Relation to an One
Hundred and Eighty (180) Day Extension of the Temproary Momtoriu on the Processing,
Review of,~ and making-Decisions on Applications for Ma~mr Subdivisions and Special Exception
Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold, To be held at
5:05 p.m.¥ Tuesday, Febnmry 4; 2003.,
Sworn to before me this
22_nd day of January 2003.
LI~DA J. COOPER
Notary Public, S~ate of N~ Yo~E
No. 4~2563, S~o~k ~umy
Term ~.~ Dm~mb~r ~, ~6 ~
SOUTHOLD TOWN BOARD
PUBLIC HEARING
February 4, 2003
5:05 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO A ONE HUNDRED ,EIGHTY DAY
EXTENSION OF THE: TEMPORARY MORATORIUM ON THE PROCESSING. REVIEW
OF. AND MAKING DECISIONS ON APPLICATION FOR MAJOR SUBDIVISIONS. MINOR
SUBDIVISIONS AND SPECIAL EXCEPTION USE PERMITS AND SITE PLANS
CONTAINING DWELLING UNIT(S) IN THE TOWN OF SOUTHOLD."
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
* * *
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
COUNCILMAN WlCKHAM: WHEREAS, there was presented to the Town Board of the Town of
Southold on the 21st day of January, 2003, a Local Law entitled, "A Local Law In Relation to an One
Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing, Review of,
and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special
Exception Use Permits and Site Plans containing Dwelling Unit(s) in' the Town of Southold; and
WHEREAS, A public heating was held on this Local Law on the 4th day of February 2003, at which
time all interested persons were given an opportunity to be heard thereon, now, therefore be it
RESOLVED that the Town Board of the Town of Southold herby ENACTS the following Local Law:
LOCAL LAW NO. 2002
A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the
Temporary Moratorium on the Processing, Review of, and making Decisions on applications for
Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans
containing Dwelling Unit(s) in the Town of Southold
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE
Moratorium Extension
I. Legislative Intent
A Town-wide moratorium was enacted by the Town Board of the Town of Southold on August 20,
2002. The moratorium was intended to provide sufficient time for the Town to consider the
recommendations of the Blue Ribbon Commission and to comprehensively review Town planning
issues such as affordable housing, completion of the Local Waterfront Revitalization Plan (LWRP) and
February 4, 2003 2
Moratorium Extension
understand needed public infrastructure including consideration of hamlet areas and transportation
systems.
The Town Board established a moratorium planning team consisting of the Town attorney, Town
planner and land preservation coordinator, as well as two planning consultants and two legal
consultants. The team was directed to review Town planning goals, past planning studies, and Town
characteristics and consider implementation of key recommendations of past planning studies that
assist the Town Board in achieving the goals of the Town. The moratorium planning team established
a schedule of tasks which included past plan review, s.vnthesis ofplarming recommendations, obtaining
input from Committees and Boards, assessment of Town planning and zoning policies, and utilization
of a Generic Environmental Impact Statement (GEIS) procedure to inform the Board, involved
agencies and the public o£the Town's initiative. In addition, the GElS was intended to take a "hard
look" at the implications and potential impacts of the comprehensive implementation strategy, allow
for review of mitigation and alternatives, and provide a procedure to allow a rational and logical
implementation strategy to evolve from an organized process. The Town Board authorized the
moratorium planning team to proceed with the tasks and schedule provided to the Town Board on
October 8, 2002.
The moratorium planning team has met on a weekly or as-needed basis to advance the tasks and
schedule as authorizcd by the Town Board. The team has completed a number of important tasks to
date, including:
, review of past studies;
· synthesis of past planning recommendations;
· review of Town Code, policies and definitions;
, preparation of Geographic Information System (GIS) resource maps in cooperation with Town
data processing staff to document Town characteristics;
· review of technical information and facts to be used in completing the GEIS and planning
initiative review;
· initial review of Town affordable housing policies;
, initial review of hamlet centers, transition zones and rural areas of the Town;
, meetings and interviews with Town staff and department heads;
· preparation of materials and updates of ongoing activities to be placed on the Town's website;
, public informational meetings, Town Board updates and dialogue with the Town Board
regarding policy considerations;
· preparation of draft documents for Town Board implementation and conformance with State
Environmental Quality Review Act (SEQRA) procedures;
· commencement of preparation ora build-out analysis; and
· commencement of preparation of the Draft GEIS.
The Town Board recognizes the need to comply with SEQRA, and understands the value of this
process. The action is of Town-wide significance and is considered to be a Type I action which is
more likely to require an environmental impact statement. As a result, the Town Board has adopted a
number of documents in conformance with SEQRA, including the following important steps:
· classification of the action as a Type I action;
· designation of the Town Board as lead agency;
· preparation of an environmental assessment form;
· issuance of a Positive Declaration; and
· receipt of a Draft Scope of the Draft GEIS and setting of the public hearing.
February 4, 2003 3
Moratorium Extension
Recognizing the significance of the action and the need and desirability to comply with SEQRA
through the use ofa GEIS process, the schedule necessitates adequate time for preparation and
processing of the GEIS and evolution of the ultimate series of recommendations to be implemented.
The Town Board seeks to ensure that the process is afforded sufficient time to ensure that technical
analysis and facts are generated, legal mandates are met and social needs are accommodated. In order
to do this, additional time is needed beyond the expiration of the six (6) month moratorium enacted on
the Town Board on August 20, 2002.
As a result, the Town Board of the Town of Southold seeks to extend the moratorium for an additional
six (6) month period for the purpose of completing the specified tasks and schedule previously
authorized by the Town Board on October 8, 2002 and in order to provide sufficient tune for the
completion of the Comprehensive Implementation Strategy and accompanying Generic Environmental
Impact Statement.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of One Hundred and Eighty (180) Days following the effective date of this Local
Law after which date this Local Law shall lapse and be without further force and effect and subject to
any other Local Law adopted by the Town Board during the One Hundred and Eighty (180) Day
period:
1) the Planning Board shall not accept for review, continue review, hold a hearing or
make any decision upon any application for a subdivision, whether that subdivision
application was submitted prior to or after the effective date of this law. This law
applies to subdivismns (whether major subdivisions or minor subdivisions) as defined
in Southold Town Code § A-106-13. The statutory and locally-enacted time periods
for processing and making decisions on all aspects of subdivision applications
(including, but not limited to, sketch plans, preliminary and final subdivision plats)
are suspended and stayed while this Local Law is in effect;
2) the Planning Board shall not accept for review, continue review, hold a hearing or
make any decision upon any application for a site plan containing DWELLING
UNIT(S), whether submitted prior to or after the effective date of this law, and shall
not be subject to the time periods specified in Town Law § 274-a and Article XXV
of the Southold Town Code, including without limitation, provisions relating to the,
processing, reviewing, holding of heatings and the rendering of decisions. The
statutory and locally-enacted time periods for processing and making decisions on all
aspects of site plan applications containing dwelling unit(s) are suspended and stayed
while this Local Law is in effect
3) The Zoning Board of Appeals shall not accept for review, continue review, hold a
heating on, continue a hearing or make any decision upon any application for a
special use permit which application is also subject to Plam~ing Board approval
pursuant to the Southold To~vn Code where the Planning Board is prohibited from
reviewing, processing, holding hearings on and making decisions on because of the
provisions of this local law, whether said application was submitted prior to or after
the effective date of this local law.
Section 3. APPLICATION
This local law shall apply to ALL [new or pending] applications for either subdivision approval
or special exception use permits and site plans containing dwelling unit(s) within the Town of
Southold.
Section 4. EXCLUSIONS
February 4, 2003
Moratorium Extension
This Local Law shall not apply to:
l)
4
subdivisions for which final plat or conditional final plat approval was granted by the
Planning Board prior to the effective date of this local law;
2) setoffs as defined in the definition of"Subdivision" in Southold Town Code section A1
13;
3) Lot line applications;
4) new or pending applications for the subdivision of a parcel of property where interests or
rights in real property (the fee or any lesser interest, development rights, easement,
covenant, or other contractual right ) to a portion of that parcel have been sold or gifted (for
purposes of permanent preservation) to either the Town of Southold (pursuant to either
chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land
Trust or the Nature Conservancy, priorto the effective date of this local law;
5) new or pending applications for the subdivision of a parcel of property where an executed
contract (dated prior to the effective date of this local law) exists to either sell or girl
interests or rights in real property (the fee or any lesser interest, development rights,
easement, covenant, or other contractual right ) to a portion of that parcel (for purposes of
permanent.preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or
59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the
Nature Conservancy;
6) new subdivision applications where an applicant has entered into a contract (dated after the
effective date of this local law) to either sell or gift interests or rights in real property (the
fee or any lesser interest, development rights, easement, covenant, or other contractual right
) to a portion of that parcel(for purposes of permanent preservation) to either the To~vn of
Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County
of Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that that portion
of the property on which the interests or rights to property are being sold or gifted
encompasses at least seventy five percent (75%) of the entire parcel. The following areas
are not to be included in the calculation of the 75% threshold: that portion of the parcel
which is wetlands (as defined by Chapter 97 of the Southold Town Code), streams, creeks,
ponds, slopes over 15%, underwater land, land encumbered by easements or other
restrictions preventing use of such land for construction of buildings or development or
land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town
Code.;
7) a site plan application for a two-family dwelling;
8) a site plan application for a bed-and-breakfast;
9) a site plan application for an accessory apartment(s);
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as
inconsistent with the provision of New York State Town Law. This Local Law supersedes, amends
and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers,
pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any
inconsistent authority.
In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town
Code §§§ A106-21, A106-22, A106-23 and A106-24, which require that the planning board act upon,
hold heatings on, and make decisions concerning subdivision applications (including, but not limited
to, sketch plans, preliminary and final subdivision plats) within specified time periods. This local law
February 4, 2003 5
Moratorium Extension
suspends and stays the muning of time periods for processing, acting upon, holding hearings on,
making decisions and talcing action on such subdivision applications (including, but not limited to,
sketch plans, prelim'mary and final subdivision plats) provided for in those laws.
And, to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relat'mg to the
authority to grant variances, waivers or other relief from this Local Law, this Local Law is intended to
supersede and amend any said inconsistent authority.
And, to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law § 274-a and the provisions and requirements set forth in
Article XXV of the Southold Town Code, which require that the Planning Board process, review, hold
hearings on, and act upon applications for site plans within specified time periods~ this local law
suspends and stays the ruuning of tune periods for processing~ review, holding hearings on, making
decisions, and taking action on such applications provided for in those laws and is intended to
supersede and amend any said inconsistent authority.
And to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law §§ 267-a and 274-b and the provisions of Article XXVI
of the Southold Town Code, which require that the Zoning Board of Appeals act upon applications for
special exception use permits within specified time periods, this local law suspends and stays the
running of time periods for processing, reviewing, holding hearings on and making decisions on such
applications provided for in those laws and is intended to supercede and said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application of any
provision of this Local Law, in its legislative discretion, upon its determination, that such variance or
waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such
request, the Town Board must find that a variance or waiver will not adversely effect the purpose of
this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning
being undertaken in the Town. The Town Board shall take into account the existing land use in the
immediate vicinity of the property and the impact of the variance or waiver on the water supply,
agricultural lands, open and recreational space, rural character, natural resources, and transportation
infrastructure of the Town. The application must comply with all other applicable provisions of the
Southold Town Code.
b. Any request for a variance or waiver shall be filed with the Town Clerk and shall
include a fee of five hundred ($250.00) dollars for the processing of such application, along with
copies of such plat showing all required improvements in accordance with the procedures of §A106-25
, § A106-27 and Articles III and IV of Chapter Al06 of the Southold Town Code.
c. All such applications shall, within five (5) days be referred to the Planning Board,
which shall have thirty (30) days following receipt to make a recommendation to approve or
disapprove a variance or waiver of this Local Law. The application and recommendation shall be
transmitted to the Town Board which may conduct a public_hearing and make a final decision on the
application, with or without conditions. Final approval is reserved to the absolute legislative discretion
of the Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a
whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
February 4, 2003
Moratorium Extension
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
COUNCILMAN WlCKHAM: I have before me a response from the County of Suffolk; "Pursuant to
requirements of Section A-14 of the Suffolk County Administrative Code, the above referenced
application which has been submitted to the Suffolk County Plarming Commission is considered to be
a matter for local determination as there is no apparent significant County-wide effect." In other
words, they don't have a particular opinion about it. We have a communication from the Plaun'mg
Board Office, which is very brief and to the point, it says; "The Planning Board recommends adopting
the six month extension of the moratorium." I have also certification that it has appeared before us on
the bulletin board out in the hall and it has been printed in a local paper. That is all the information I
have on this.
SUPERVISOR HORTON: We will offer the floor to the public for input on this public hearing.
GWYNN SCHROEDER, NORTH FORK ENVIRO~ENT~ COUNC1L: Good Evening, Gwyrm
Schroeder, North Fork Env/roumental Council and I just have a brief statement. On behalf of the
Council, I would like to offer the support of the moratorium extension for six months but with a
proviso. We understand the need for the Town to do a complete review and thoroughly weigh the
recommendations of the various studies that have been commissioned' over the years but we implore
the Town to stick to its own timetable, get the work done and at the end of the six months be ready to
act and enact legislation that will guarantee that our minimum preservation goals are met. Thanks.
SUPERVISOR HORTON: Would anyone else care to address the Town Board? To have input on this
public hearing?
ALEX WIPF, PRESIDENT-SAVE OPEN SPACE: I am Alex Wipf, president of Save Open Space. I
find it significant that there are subdivision applications being accepted with 75% of the land
preserved. That is a significant amount, it is 5% less than the 5-acre plan that has been floating out
there. But in and of itself, that it is significant. It is so significant that I don't think that the
moratorimn can be allowed to 'expire unless something of the same percentage or higher percentage of
preservation is put in place. In fact, I don't think the moratorium should expire at all until all of the
preservation plans and all of the contingencies plans are put in place. Now there is a big discussion
between the farmers and the people who were supporting five acre upzoning about whether or not the
farmers would like to see if in fact the RID was actually written..
SUPERVISOR HORTON: Mr. Wipf, I don't like to interrupt but this is specific to the extension of the
moratorium.
MR. W~F: Yes, that is exactly what I am talking about. In other words, the farmers would like to see
what would happen if in fact a RID was subscribed to. And the moratorium, I presume would be lifted
at the same time. I don't think that is something that we can permit to have happen. Either, you can
take your time [o see what people are going to do aRer the farmers join an RiD but as long as the
moratorium is kept in place and the requlrment for at least 75% preservation, it really doesn't make
any difference how long it takes how long it takes for farmers to join or not join. The point of the
thing is, that we have something now and we can't let it go and Save Open Spaces is certainly going to
pursue that as a major theme. I want to let you know that extended moratoriums are not unusual in this
February 4, 2003
Moratorium Extension
kind of a situation where there is a dispute between factions about how to solve this problem. In Lake
Tahoe, California they have had a moratorium, a building moratorium and subdivision moratorium for
at least seven years. When it was challenged by professional builders who finally got through working
their single and separate lots, the stuff that Melanie is talking about- the development that we see that
is going on, that have been approved for many, many years that are finally being built. When they run
out of that, they are going ro be looking to do new subdivision moratoriums. As a matter of fact, from
what I understand there has been a lot of applications, with the 75% preservation component
acknowledged by whoever was making applications, something like 50 of them, I have heard, Josh. So
whether or not we all agree or not agree on what sort of buffer should occur, we already have de facto
upzoning in this Town because of the moratorium as it exists right now. As an organization, we are
going to be unwilling to let go of that upzoning. In California, as I was saying, the Supreme Court
finally supported the town in taking whatever time was necessary to get their preservation plans in
place and I think that is exactly the track that the Town of Southold has got to take. We are certainly
going to encourage that. Thank-you.
SUPERVISOR HORTON: Thank-you. Would anyone else care ro address the Town Board? (No
response). With that being said, does the Town Board have anything they would like to add? (No
response). We will close the heating.
Elizabeth A2 Neville
Southold Town Clerk