HomeMy WebLinkAboutLL-2003 #13Local/Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to f'de a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter be/rig eliminated and do not use
italics or underlining to indicate new matter.
Town of
SOUTHOLD
LOCAL LAW NO. 13 2003
A Local Law In Relation to a Ninety (90) 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 Unity(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 plamfing issues such as affordable housing,
completion of the Local Waterfi:ont Revitalization Plan (LWRP) and 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 ~vas directed to review Town plarming goals, past planning studies, and studies that assist the Town Board
in achieving the goals of the Town. The moratorium planning team estabhshed a schedule of tasks which
included past plan review, synthesis of planning recommendations, obtaining input from Committees and
Boards, assessment of Town planning and zoning policies, and utilization of a Generic Environmental Impact
Statement (GELS) 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 altemati, ves, 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 task and schedule provided to the
Town Board of October 8, 2002.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev. ! 1/99)
The moratorium plarm/ng 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;
· rev/ew 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 that were placed on the Town's website for
public information purposes;
· public informational meetings, Town Board updates and dialogue with the Town Board regarding policy
considerations;
· preparation of ch-aft documents for To~vn Board implementation and conformance with State
Environmental Quality Review Act (SEQRA) procedures;
· preparation of a bnild-out analysis;
· preparation of the Draft GELS; and
· three public heatings on 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;
· receipt of a Draft Scope of the Draft GEIS and setting of the public heating;
· acceptance ora Draft GEIS; and
· three public heatings on the Draft GEIS.
Since the last extension of the moratorium the Town ars adopted a final scope, completed and accepted the
Draft GEIS, scheduled and held public hearings on the Draft GEIS on three separate dates. Recognizing the
significance of the action, the need and desirabihty to comply with SEQRA through the use of a GEIS process,
and the subsequent need to determine the ultimate series of recommendations to be implemented, the Town
Board seeks to ensure that sufficient time is set aside to complete the SEQRA process, meet legal mandates and
accommodate social needs. Due to pubhc interests in the DGEIS document, the Town Board held three public
hearings and kept the hearing process open until July 15th in order to facilitate greater public review and
comment. Additional time is needed beyond the exp/ration of the six (6) month extension of moratorium
enacted by the Town Board on February 4, 2003.
As a result, the Town Board of the Town of Southold seeks to extend the moratorium for an additional ninety
(90) day period for the purpose of completing the Final Environmental Impact Statement adopting Findings
pursuant to SEQRA, allowing the To~vn Board to determine how to implement the Comprehensive
2
Implementation Strategy and perrmm~g the Town Board time to implement u~Ose actions needed to address the
issues covered by this moratorium.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of Ninety (90) 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 Ninety (90) 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 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 fmal 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
hearings 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 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 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
This Local Law shall not apply to:
1)
2)
3)
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;
setoffs as defined in the definition of"Subdivision" in Southold Town Code section A106-13;
Lot line applications;
new or pending applications for the subdivision of a parcel of property where interests or fights 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
s)
6)
7)
8)
9)
Town code); the County ~)f Suffolk; the Peconic Land Trust or tu4Nature Conservancy, prior to the
effective date of this local law;
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;
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 fight) 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; provided that that portion of the proper~y 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 t~vo-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 axe in conflict ~vith 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 8 10(1)(ii)(d)(3); 8 10(1)(ii)(a)(14) and 8 22 to supercede any inconsistent authority.
In particular, this local law supersedes To~vn Law 8 276, Town Law 8 278, and Southold Town Code
888 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,
prehminary and final subdivision plats) within specified time periods. This local law suspends and stays the
rurming 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 8888 267, 267-a, 267-b, 267-c or 282 relating to the authority to grant variances,
waivers or other relief from this Local Law, this Local La~v 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 running of time
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 cox.orrUed 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 runuing 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
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 planffmg 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
ofthe 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 BI and IV of
Chapter Al06 of the Southold Town Code.
c. All such applications shall, witt/m 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 certificaaon in the paragraph that applies to the fL~ag of this local law and
strike out that which is not applicable.)
i. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 13 of 20 03 of the
(County)(Cit~)(Town) (V~11agz) of SOUTttOLD was duly passed by the
TOWN BOARD on July 29 ,20 03 , in accordance with the applicable prov/sions 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 applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the locaI law annexed hereto, designated as local law No. of 20
of the (Cotmty)(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 of a (mandatory)(pcrmissive) referendum, and received the affa'marive vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) 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 filed 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 orffmances.
5. (City local law concerning Charte~ revision 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 referendmm pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified
electors of such city voting thereon at the (special)(generaI) election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law aunexed hereto, designated as Iocal law No of 20
of the County of State of New York, having beem 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 ora 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 final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding Iocal law with the originaI 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
~b~dy. City. Town or Village Clerk
or officer designated by local le~slafive body
Eti~ ~L.~, Town Clerk~a'~o
(Seal) Date: August 6, 2003
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I~ the undersigned, hereby certify that the foregoing local law contains the correct text~a~l,-tlmh ail proper proceedings
have been had or takem for the enactment of the local law armexedJ~. ~ ~
Pat c~g.A~. 10innegan, Esg,.,-A'gsistant Town Attorney
Gregory F. Yakaboski, Esq., Town Attorney
Title
Town of
SOUTHOLD
Date:
August 6, 2003
O~OROE F', PATAK!
STATE OF NEW YORK
DEPARTMENT OF STATE
4- ~ STATE STREET
ALBANY, NY 1223 I -OOO I
August25,2003
RANDY A. DANI~L~
Town of Southold
Town Hall 53095 Main Road
PO Box 1179
Southold, NY 11971
Soufllold 'Town Chl'k
RE: Town of Southold, Local Law 13, 2003, filed on 08/11/2003
To Whom It May Concern:
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
LL:cb
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
sou~hold~own.nor t hfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
AugUst 6, 2003
Certified Mail ~v~l ~-~
Registered Receipt Req~
New York State Department of State
State Records and Law Bureau
41 State Street
Albany, NY 12231
RE: Local Law Number 13 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 13 of 2003 of the Town of Southold
suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of thc enclosures
in your office. Thank you.
Enclosures
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
cc: Town Attorney
Ms. E~izebeth A. Neville:
The following materia! has been received
Qode as supplemental ;ages (where
applicable):
Local Law No. 13-2003
Tow~ o~ So~thold
C/O Cierk's Off4ce
PO Sox 1179
SouthoM NY 11971
General Code Publishers
Phone: 800/836-8834
Fax: 585/828-8t 89
LEGAL NOTICE
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY
GIVEN there has been present-
ed to the Town' Board of the
Town of South01d on the 8th
day of July, 2003 a Local Law
entttled, A Local Law In
Rel,,a~.?n to h N~ety,.(90/Day
I,xltfl~ioo ol lilt Ttllll~Ol'llr%
_~.1 .r Io]'|_liliL. __91i __lht~
I)_L'ac~qil~, I.(..e~ ie%_% Ji.J'. I.I11._~!
,ill I)CC h h all )~) ir'li-
s Ior X|alor %lll)(h~lhlOlS%
%.l~t, ci£11 E.,kccpIjoll_l .se I~'i'li.iil~
B_OII %ii~'_ llh__l ll~. 4-'Olil--!a~iilllL~
I~_ellii. l~ I_ .iiL~.I ill_ille__hl~ il.
il'~'O -- hl":"!'~[
NOTICE IS HEREBY FUR~
TILER GIVEN that the Town
Board of the Town of.Southold
hereby sets 5:25 P.M., July 29,
200:3. Sonthold Town Hall,
53095 Main Road. Southold,
New Yorlc as the time and place
for a public hearing on the Local
Law, Which reads as follows: ~
LOCAL LAW ~O. 2003
A Local Law 7m Relation m a
Ninety (90) Day Extension of
the T'en~porai~ Moratorium on
the Processing, R~view of, and
making Decisions on ~p.p. lica-
tions for Major Subdiwsto~s,
Minor Subdi¼sian~ and Spe~al
Excerption Use Permits and Site
Plans cor~taining Dwelling
Unit(s) in the Town of Southold
BE IT ENACTED BY. the
Town Board .of the Town of
Southold as follows:
S~cfion 1. PURPOSE
Moratorium Extension
L Legislative Intent
A To~vn-wide moratorium was
~henacted by the Town Board of
Townot'S0u~otd on August
20, 2{)02, The moratoriam was
intended to provide sufficient
lime for the Tow~ to Consider
the recommendations o~ Xhe
Blne P3bbon commission and
to' comprehensively review
Town planinng issues such. as
affordable ~homSing, completion
of the Local Waterfront
Revitalization Plan ~LWRP} and
~ Traveler Watchman ~ 19A
understand needed public
structure including considera-
tion of hamlet areas and trans-
portation systems. .
The Town Board estabhshed u
moratorium planning teem con-
sistiug of the Town attorney,
Town planner and land preserr
ration coordinator, as well as
two planning consultants and
two legal consultants. The teem
was d~rected to review-Town
planning goals, past planulpg
studies, and studies that asstst
the Town Board in achieving the
~o~als of the Towu. The morato-
rium planning team established
a schedule of tasks which
included past Plan review, S~a-
thesis of planrdng recommen -
fions, obtaining input from
Committees and Boards, assess-
ment ofTownplanning ~and zon-
ing policies, and utilization of a
Generic Enviroumenfal Impact
Statement (GEIS) procedure to
inform th~ Boi~r& involved
agendies and the public of the
T~wn's initiative. In addition,
~e GElS ,_w.a~ iixtended to take a
hard look at the implications
and potential impact~ of the -
coml~rehensive iniplementation
strategy, allow for re. view o.f
mitigation und alterrmttves, un
provide a~procedme.to allow a
~afiounl add logical implemen-
tation strategy to evolve fi.om an
organized process. The Town
Board authorized the moratori-
um planning team to proceed
With the task and schedule pro*
Vided to the Town Board on
Octobar 8 2002.
T~e moratorium' p)anning
t6am has met on a V~e_elcty or as-
needed basis to advance the
tasks and schedule as authorized
by the Town Board. The teaoo~
has completed a umber o'
important tasks to date, includ2
review of past studies;
· synthesis Of past planning
~ecommendafious:
· review of TownCode, poli~
cies and definition/s;
- preparation of Geographi¢
I~f6rmation System (GIS~
resburce maps m cooperation-
with Town dam processing sta~
to document Town characteris~-
ties;
· review of teclmical inform~.
nun and facts to be used in com-
pleting the GElS and planning
initiative revtew;
· initial review of Town
aflbrdable housingpolicies;
, initial review of hamlet cen-
ters. transition zones and rural
areas of the Town
· meetings and interviews wtth
Town staff' and department
heads;
· preparation of materials .a.ffd
updates of ongoing activtttes
ifiat were placed on the Towffs
website for public information
purposes;
· public informational meet-
ings, Town Board updates and
dialogue with the Town Board
re.gar ding policy consida~ratlo°~uS;'
preparation of dr d : z
merits for Town Board impl6:
mentation and conformance
with State Environmental
Qualit~ Review Act (SEQ1L~ ')
proceaures; '
· prq0aration of a bund-out
analysis;
· preparation of the Draft
GEIS: and
· three public heatings on the
Draft GEIS.
The Town Board recoguiz, e~
the need ro comply with
SEQRA, and understands ~e
vaIue of this process. The action
is of Town-wide significan~ce
and it is considered to be a T~rpe
I action which is more likely to
See Logals next page~
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise Marinace, being duly sworn, says
that she is the Legal Advertising
Coordinator, of the Traveler Watchman,
a public newspaper printed at Southold,
in Suffolk County; and that the notice of
which the annexed is a printed copy, has
been published in said Traveler
Watchman once each week
for ....... /....week~ /,_~successively,
commenb~ing~ on the.....*....' ........ day of
......... ./. .............
Sworn tot before me this../..?...day of
.........
~ Notaxy Public
Emily Hamill
NOTARY PUBLIC, State of New York
No. 01HA5059984
Qualified in Suffolk County
Commission expires May 06, 2006
20A ~ Travelcr Watchman ~ Thursday, July,~7; 2003
~ Legals fr~m p~eceding page review, hold a he~g or ~e
' ' ' ' ~ ' ~y~ecision Upon ~ ~plica-
~eqfike ~. eh~6meh~ ~¢ for a si~ p~'c0n~g
~p~t statemenL ~ a reset, D~LL~G ~T(S), whe~
· e~T0m B0~ has ad0pt~d.a submi~mdp~or ~ 9r a~ *he
. nmb~of docments.~ ~ffor- effete date of ~s hw, ~d
m~ce M~ SEQ,, ~ch~g s~ not to the ~e
· ~ follow~g impomnt steps: ' in To~ Law
c~sffic~on of ~e action a~ ff ~e
end
Board
to the
prohib!ted
nunl
deyelopment ri_ghts, easement, ~ends end stays the running of D_A..TE ~ ~
c.ov~mt, or 9th~ cgnfrac/kta~, ttm~ periods- for processing, 'This Local Law shall take
ugh0 to a pomo~tYfithat parcel review, holding hearings on, effect immediately upon filing
(for purposes of. permaneut making decisions, end taking with the Senretar~ of Sm,.te 'as
preservation) to either the Town action on such applications pro- provided by taw. ' '
D.f Squthold (pUrSUent t° eithe/' vided toy .in those laws end is /IY ORDER OF THE
c~hap,,ter 6, 25 or 59 6f~ the intended, to supersede and SOUTHOLD ToWN BOARD
~outhold Towh. Code); -the amend any said inconsistent OF THE TOWN OF
~Coun. ty 6f Suffolk; ~e Peeonic authority. _ : soUTHoLD, JULY 8, 2003
~and Trust or .~e Nature And to the. extent .end degree . ELIZABETH A. NEVILLE
. onservaney; 1 }ded~that that eny provisions of this Local law SOUTHOLD TOWN CLERK
portion of the lC ,~rty on which are 'censtraed aS'being inc0nsis- ' 1X 7/17/03 (822)
the interest~ e~ t~sto pr0per- tent With/he provisions of Town ' -- -
ty are -being d 'pr gifted Law §§267-a end 274-b and
~ast seventy the Provisions ofArticle XXVI
oft he eniire of, .~e South01d Tg.Wn Code,
areas are ,:,. li4.; r?.l,firc il'iff ~ lC 7(w;'l.,
ovo~ ]
other l'eSIricl[Ol~S pres'entin
buildings or development or
lend within the Coast~i erosion
hazard area ns defined 15y
Chapter 37 of the Southold
Town Code.;
SEDE ~
To the extent that eny provi-
sions of this. Local La~v are in
conflict with or are~onstme&as
inconsistent with the provision
of N~w York state:Town law
¸of
S on
a such
for in
supercede end said inconsistent
authority. . ~ '
Section 6. APPEAL PROCE-
DURES~
a. The Town Board 'Shall
s con-
Law ~upersedes,
[ not amend~ end takes- precedence
ov~r'NYS Town La¢~ -
7) A s;ite plan application' have the authority to ~ary or
fo? a/wo-famii3~ dwelling; ' waive the applickfion' of eny
8) A site i>lan' application prOVision of ~s Lbcal LaW, in
for a'bedmnd-breaiffa~t; ~ts legislative dfscfehon upon
9) -A site plen .application its determination, that en~h
for tm accessory apartment(s) ence or waiver is recpkired to
Section 5. CONFLICT WITH alleviate an extm6rdiufiry hard-
STATE STATUTES ' AND ship affec~g a pamel of prOP-
AUTHORITY TO SUPER- er~. To grent'su~h request, tike
Town Board must fihd that a
variance or waiver will not
adyersely 6ff~ct the purpose of
tltA~ local law;the h~alth safety
or w~li~are 'ot"the Town of
Southold or eny comPrehensive
~anning bei~ und~taken in
e Town. The' Town Board
~i-alI iak(into:aneount the exist-
land use in the immedi/~te
natural
~ for a ~ari-
~hall be filed
Clerk end shall
; on, include a fee.' of two hundred
ci.'H "f'. ~,fl.(h i-io'~ ~;iI qica.ion, and. fii~y ($250) dollars for the
I I~lCkhlll'q. nth :~Ol II '1114c !o. processing of such application,
· ,c.,'h :~;.m .... .' ,'v"~.u'. :.re along wi~ ~°Pies of'such appli~
iqla ::1 ~dl~ -ICl: ph:l.i ~' Il'ill' cation, along with copies 6£
specmea time periods. Ham st~eh plat~sliowing all required
to6al ia~ suspends and stays the improvements in accurdenee
ruuning ,oftimeperiods for, pro- with the procedures of §A106-
the Cess~ng,: acting Upon, holding 25 - §A-106-27 end Articles ~II
the he,~a~. ,g.s on,~g decisions end IV of ch/tpter A106 o~ the
.will .,,,i...w lo,:,,., ,:~, ,.iNn South01dTown Code. -
· .~.,,,' an:,li,'a w.~ ,iq." dm,: c.Allsucht/pplicafion~shall,
C0nservaxcv. priorothecffcc- k. ', ' .' .;,'c~,,",v. within five (5Vdavs be referrea
t~ve ..&~te of lhls local law; prelmmm~ end final s{ti~diw- to the Planmng Board, which
5) new or pending apglica- sion plats) provided for in those shah have ~irty (30) days fol-
tions ~or th~.subdivision of a law~. And, to the extent end lowingrece£pttomake'arecom-
pa?dal'ofpr'operty where an exe- degree en~ provisions of this mehd.~fion t~ approve 6i disap-
cuter co~tr~ct (dated prior to Locgl Law are- construed as pro:qe a variance, or waiver of
the effective da~e of this It)eM being inconsistent with the pro- this Local Law. The application
exists to either sell or gift vi~iohs of Town Law anti recomm6n3atlon shall be
in real prgper- §§§§267~267-a, 26%b, 267-cor - transmitted to the Town Board
legser.interest, 282 relating to the author/tyto which may-conduct a 'public
· Waivers ;or heating and make a 5iiafdaci-
sion on'~e-application, w/th or '
with6ut, coxlditions. - Final
:eserved to the
of
or im, alid.
SUs- : Section .- 8. EFFECTIVE
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the
Town of Southold on the 8t~ day of July, 2003, a Local Law entitled, "A Local Law In
Relation to a Ninety (90) Day Extension of the Temporary Moratorium on the
Processing, Review of, and makin~ Decisions on applications for Ma|or
Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans
containin~ Dwellin~ Unit(s) in the Town of Southold'; and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold hereby sets 5:25 P.M., Julv 29, 2003, Southold Town Hall, 53095 Main
Road, Southold, New York, as the time and place for a public hearing on this Local
Law, which reads as follows:
LOCAL LAW NO. 2003
A Local Law In Relation to a Ninety (90) 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 Unity(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
To~vn to consider the recommendations of the Blue Ribbon Commission and to
comprehensively review Town plann'mg issues such as affordable housing, completion of
the Local Waterfront Revitalization Plan (LWRP) and understand needed public
infrastructure including consideratiou o£hamlet areas and transportation systems.
The Town Board established a moratorium plauning 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 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 plarming 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 task and schedule provided to the Town Board of October 8, 2002.
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 plarming 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 Tow2 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 that were placed on the
Town's website for pubhc information purposes;
· pubhc 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;
· preparation of a build-out analysis;
· preparation of the Draft GEIS; and
· three public hearings on the Draf~ 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;
· receipt of a Draft Scope of the Draf~ GEIS and setting of the public hearing;
· acceptance of a Draft GEIS; and
· three public hearings on the Draft GEIS.
Since the last extension of the moratorium the Town ahs adopted a final scope, completed
and accepted the Drafi GEIS, scheduled and held public hearings on the Draft GEIS on
three separate dates. Recognizing the significance of the action, the need and des/rability
to comply with SEQRA through the use of a GEIS process, and the subsequent need to
determine the ultimate series of recommendations to be implemented, the Town Board
seeks to ensure that sufficient time is set aside to complete the SEQRA process, meet
legal mandates and accommodate social needs. Due to public interests in the DGEIS
document, the Town Board held three public hearings and kept the heating process open
until July 15th in order to facilitate greater public review and comment. Additional time is
needed beyond the expiration of the six (6) month extension of moratorium enacted by
the Town Board on February 4, 2003.
As a result, the Town Board of the Town of Southold seeks to extend the moratorium for
an additional ninety (90) day period for the purpose of completing the Final
Environmental Impact Statement adopting Findings pursuant to SEQRA, allowing the
Town Board to determine how to implement the Comprehensive Implementation Strategy
and permitting the Town Board time to implement those actions needed to address the
issues covered by this moratorium.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of Ninety (90) Days fc~llowing the effective date of th/s Local Law aYter
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 Ninety (90) Day period:
1) the Planning Board shall not accept for review, continue review, hold a
heating 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 subdivisions (whether
major subdivisions or minor subdivisions) as defined in Southold Town
Code § A-I06-13. 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
heating or make ajay decision upon any application for a site plan
containing DWELLING UNIT(S), whether submitted prior t o o r 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 ~vithout limitation, provisions relating to the,
processing, reviewing, holding of hearings and the rendering of
decisions. The statutory and locally-enacted t'm~e 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
The Zoning Board of Appeals shall not accept for review, continue
review, hold a heating on, continue a heating 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 Plarming Board is prohibited from reviewing,
processing, holding hearings on and making decisions on because of the
provisions of tiffs 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 conta'ming
dwelling trait(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 de£med 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 o£ property where
interests or 15ghts in real property (the fee or any lesser interest, development
5)
6)
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, prior to the effective date of this local law;
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 c ode); t he County o fS nffolk; the P econic Land Trust or the Nature
Conservancy;
new subdivision apphcations 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 chapter 6, 25 or 59 of t he S outhold T own c ode); t he County o f
Suffolk; the Pecordc 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)
8)
9)
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 To~vn 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 La~v § 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 fi'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
Plarming Board process, review, hold hearings on, and act upon applications for site plans
within specified time periods, this local law suspends and stays the runffmg 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 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 off+ye hundred ($230.00) 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 llI and 1V of
Chapter Al06 o£the Southold Town Code.
c. All such applications shall, with'm 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.
BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF
SOUTHOLD, JULY 8~ 2003.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JULY 17, 2003, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK~ TOWN HALL,
PO BOX 1179, SOUTI-IOLD, NY 11971.
Copies to the following:
Traveler Watchman
Town Attorney
Planning Board
John Cushman
Town Board Members
Building Department
Zoning Board of Appeals
Town Clerk's Bulletin Board
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the [~ day of ~ ,2003, she affixed a
notice o£ wlfich the annexed printed notice is 6Jame do~py, in a proper and substantial
manner, in a most public place in the Town o£ Southold, Suffolk County, New York, to
~vit: Town Clerk's Bulletin Board, 53095 Makn Road, Southold, New York.
Public Hearing: A Local Law In Relation to a Ninety (90) Dav Extension of the
Temporary Moratorium on the Processine, Review of, and makine
Decisions on applications for Maior Subdivisions, Minor Subdivisions
and Special Exception Use Permits and Site Plans containine Dwelline
Unit(s) in the Town of Southold.
Sworn before me l~is _
!5 dTof \~x0/ ,2003.
LYNDA M. BOHN
NOTARY PUBLIC, State of New Y~o~
No. 01BO6020932
Qualified in Suffolk County._.
Term Expires March 8, 20 ~
SOUTHOLD TOWN BOARD
PUBLIC HEARING
July 29, 2003
5:25 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO A NINETY DAY EXTENSION OF
TI-IE TEMPORARY MORATORIUM ON TItE PROCESSING, REVIEW OF AND
MAKING DECISIONS ON APPLICATIONS FOR MAJOR SUBDMSIONS, MINOR
SUBDIVISIONS AND SPECIAL EXCEPTION USE PERNIITS AND SITE PLANS
CONTAINING DEWLLING UNIT(S) IN THE TOVv-N OF SOUTItOLD".
Present:
Absent:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Councilman William D. Moore
COUNCILMAN WlCKHAM: NOTICE IS HEREBY GIVEN there has been presented to the
Town Board oft he Town of Southold on the 8th day of July, 2003, a Local Law entitled, "A
Local Law In Relation to a Ninety (90) Day Extension of the Temporary Moratorium on
the Processing, Review of, and makin~ Decisions on applications for Ma|or Subdivisions,
Minor Subdivisions and Special Exception Use Permits and Site Plans containin~ DweIlin~
Unit(s) in the Town of Southold"; and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold
hereby sets 5:25 P.M., July 29, 2003, Sonthold Town Hall, 53095 Main Road, Sonthold,
New York, as the time and place for a public heating on this Local Law, which reads as
follows:
LOCAL LAW NO. 2003
A Local Law In Relation to a Ninety (90) Day Extension of the Tcn-nporary 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
Unity(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
2
on August 20, 2002. The moratorium was intended to provide snfficient 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 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 studies that assist the Town Board in achieving the goals of the Town. The moratorium
pla~nlng team established a schedule of tasks which included past plan review, synthesis of
planning 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 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 task and schedule provided to the Town Board of October 8, 2002.
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 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 that were placed on the
Town's website for public information purposes;
· 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;
· preparation of a build-out analysis;
· preparation of the Draft GELS; and
· three public heatings on 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;
· receipt of a Draft Scope of the Draft GEIS and setting of the public hearing;
· acceptance of a Draft GEIS; and
· three public hearings on the Draft GEIS.
Since the last extension of the moratorium the Town ahs adopted a final scope, completed and
accepted the Draft GEIS, scheduled and held public hearings on the Draft GEIS on three
separate dates. Recognizing the significance of the action, the need and desirability to comply
with SEQRA through the use of a GEIS process, and the subsequent need to determine the
ultimate series of recommendations to be implemented, the Town Board seeks to ensure that
sufficient time is set aside to complete the SEQRA process, meet legal mandates and
accommodate social needs. Due to public interests in the DGEIS document, the Town Board
held three public hearings and kept the heating process open until July 15th in order to facilitate
great~ public review and comment. Additional time is needed beyond the expiration of the six
(6) month extension of moratorium enacted by the Town Board on February 4, 2003.
As a result, the Town Board of the Town of Southold seeks to extend the moratorium for an
additional ninety (90) day period for the purpose of completing the Final Enviroumental Impact
Statement adopting Findings pursuant to SEQRA, allowing the Town Board to determine how
to implement the Comprehensive Implementation Strategy and permitting the Town Board time
to implement those actions needed to address the issues covered by this moratorium.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of Ninety (90) 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 Ninety (90) Day period:
1) the Planning Board shall not accept for review, continue review, hold a
heating 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 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 lim/ted to, sketch
plans, preliminary and final subdivision plats) are suspended and stayed while
tiffs Local Law is in effect;
2) the Planning Board shall not accept for review, continue review , hold a
heating 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
hearings 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 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 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
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 fights in real property (the fee or any lesser interest, development fights,
easement, covenant, or other contractual fight ) 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 fights in real property (the fee or any lesser interest,
development fights, 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 apphcations where an applicant has entered into a contract (dated
after the effective date of this local law) to either sell or gift interests or fights 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; provided that that portion of the property on which the
interests or fights 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 apphcation 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
nde powers, pursuant to Municipal Home Rule Law 8 10(1)(ii)(d)(3); 8 10(1)(ii)(a)(14) and 8
22 to supercede any inconsistent authority.
In particular, this local law supersedes Town Law 8 276, Town Law 8 278, and Southold
Town Code 8§8 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 oft/me 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 8§88 267, 267-a, 267-b, 267-c or 282 relating to
the authority to grant variances, waivers or other relief from this Local Law, this Local La~v 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 8 274-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 running of time 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 incunsistcmt authority.
And to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law §8 267-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 two hundred fifiy ($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 8A106-25, § 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
6
recommendation shall be transmitted to the Town Board which may conduct a public_heating
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.
I have a notice from the Planning Board office. "The Planning Board discussed the proposed
three month extension. The Planning Board supports the proposed extension? I have various
other comments that are not germane to our decision making process.
SUPERVISOR HORTON: We will turn the floor over to the public. Would anybody care to
address the Town Board on this public hearing? (No response) Comments from the Board? (No
response) We will close the hearing.
Elizabeth A. Neville
Southold Town Board