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Home My WebLink AboutSH ' `«ivarrrp 1640,= Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 3% !6 y�r Fax: (631) 283-5606 Soimun�+�° April 12, 2024 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Responding to tarksffice will ser a as an acknowledgement of receipt of the attached copies of resolutions ay the outhampton Town Board. Please sign this letter and return it to the Town C a andard mail, by fax at 631-28. -5606 or you may scan and email it backcl r outham tontownn ov. c Signature: Date: ��" Please be advised that the Town Board, at a meeting h d on April 9, 2024 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2024-475 Adopted [Unanimous] Resolution to Accept and File a Notice ofICompletion for the Supplemental Final Generic Environmental Impact Statement (SFGEIS) in Connection with the Siting and Construction of a Community Sewage Treatment Plant (STP) and associated Collection and Conveyance System in the Hamlet of Riverside Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 4/12/2024 Page 1 it Vr. Ir�o Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 a'% �, . ; Fax: (631) 283-5606 w o�'SVITIIA>tY\p; April , 2024 I1�1111�1111�11111111111111��111 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: i Please be advised that the Town Board, at a meeting held on April 9, 2024 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2024-475 Adopted [Unanimous] Resolution to Accept and File a Notice of Completion for',the Supplemental Final Generic Environmental Impact Statement (SFGEIS) in Connection with the Siting and Construction of a Community Sewage Treatment Plant (STP) and associated Collection and Conveyance System in the Hamlet of Riverside Sincerely Yours, Sundy A Schermeyer Town Clerk I i i Generated 4/12/2024 Page 1 0,111 ` 1640 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 !`1ryC Ink VIC April 29, 2024 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it back to townclerk@southamntontownnv.aov. Signature: Date: Please be advised that the Town Board, at a meeting held on April 23, 2024 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2024-561 Adopted [Unanimous] Resolution to Adopt SEQRA Findings Statement in Connection with the Supplemental Review Process for the Siting and Construction of a Community Sewage Treatment Plant (STP) and associated Collection and Conveyance System in the Hamlet of Riverside Town Board Resolution RES-2024-562 Adopted [Unanimous] Resolution Establishing the Riverside Sewer District in the Town of Southampton Sincerely Yours, <--� K5c � Sundy A Schermeyer Town Clerk Generated 4/29/2024 Page 1 0,111 ` 1640 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 !`1ry1 Ink VIC April , Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Please be advised that the Town Board, at a meeting held on April 23, 2024 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2024-561 Adopted [Unanimous] Resolution to Adopt SEQRA Findings Statement in Connection with the Supplemental Review Process for the Siting and Construction of a Community Sewage Treatment Plant (STP) and associated Collection and Conveyance System in the Hamlet of Riverside Town Board Resolution RES-2024-562 Adopted [Unanimous] Resolution Establishing the Riverside Sewer District in the Town of Southampton Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 4/29/2024 Page 1 Southampton Town Board - Letter Board Meeting of April 23, 2024 TOWN BOARD RESOLUTION 2024-561 Item#7.86 ADOPTED DOC ID:46223 Resolution to Adopt SEQRA Findings Statement in Connection with the Supplemental Review Process for the Siting and Construction of a Community Sewage Treatment Plant (STP) and associated Collection and Conveyance System in the Hamlet of Riverside WHEREAS, in 2015, following public hearings and the preparation of a Generic EIS in accordance with Section 617.10 of 6 NYCRR (SEQRA), the Southampton Town Board as Lead Agency, by Resolution No. 2015-1227, accepted the Final GEIS and filed A Notice of Completion for Publication in the Environmental Notice Bulletin (ENB) as prescribed in SEQRA (6 NYCRR) Section § 617.12; and WHEREAS, subsequently, the Riverside Overlay District (ROD) Zoning Amendments were adopted into Chapter 330 (Zoning) of the Town Code of the Town of Southampton; and WHEREAS, as identified in the GEIS, in order to implement the zoning and realize revitalization within the Hamlet Riverside, the construction of a Sewage Treatment Plant (STP) and creation of a Sewer District with the associated capital improvements/infrastructure is necessary; and WHEREAS, in anticipation of this, the Town of Southampton worked with New York State's Environmental Facilities Corporation (EFC) to list the project on the Intended Use Plan and participate in the hardship financing process that produced an Independent Value Engineering Report; and WHEREAS, in order to formulate a sewer district, the Town was required to identify and describe information including, but not limited to, the specific details of the siting and design details for the plant, pump stations, wells, clearing of land, infrastructure plan and required easements and other economic considerations discussed in a draft Map, Plan and Report that has been the subject of ongoing public hearings; and WHEREAS, the subject action of siting the STP is considered Type I pursuant to SEQRA (non-residential use that involves over 10 acres per §617.4(b)(6)(i)) and, by Resolution No. 2023-630, the Town Board re-coordinated Lead Agency, with no other Involved Agency requesting to be lead; and WHEREAS, by Resolution No. 2023-902, the Town Board assumed Lead Agency and Issued a Positive Declaration so that a Supplemental Draft Generic Environmental Impact Statement (SDGEIS) on the siting/location of the STP and collection/conveyance system would be prepared; and WHEREAS, pursuant to Resolution No. 2023-780, the Town's Consultant has prepared the requisite SEQRA documentation for inclusion in said Supplemental Draft Generic Environmental Impact Statement (SDGEIS); and WHEREAS, by Resolution No. 2023-1339, the Town Board deemed the SDGEIS adequate for public review and scheduled a public hearing on December 12, 2023; and Generated 4/29/2024 Page 2 Southampton Town Board - Letter Board Meeting of April 23, 2024 WHEREAS, a public hearing was held on December 12, 2023, and continued on January 23, 2024; and WHEREAS, a third public hearing, scheduled for February 13, 2024, was postponed to February 15, 2024, due to inclement weather; and WHEREAS, the third public hearing was held on February 15, 2024, and heard together with the first public hearing on the Sewer District formation; and WHEREAS, the public hearing on the SFGEIS was closed on February 15, 2024, with a fourteen (14) day written comment period; and WHEREAS, on March 27, 2024, the Town's Consultant submitted the Supplemental Final Generic Environmental Impact Statement (SFGEIS) for Staff review; and WHEREAS, on April 9, 2024, pursuant to Resolution No. 2024-475, the Town Board, as Lead Agency, found the SFGEIS complete and a Notice of Completion of Supplemental Final GEIS was filed for publication in the Environmental Notice Bulletin (ENB) as prescribed by SEQRA (6 NYCRR) §617.12, with the SFGEIS posted on the Town's website and printed copies distributed by the Clerk's office to all Involved agencies; and WHEREAS, the Town Board, as lead agency, afforded the public and involved/interested agencies 10 days in which to consider the SFGEIS; and WHEREAS, after the requisite public consideration period, the Town Board requested that a SEQRA Findings Statement be prepared by Nelson, Pope & Voorhis, LLC, which summarizes the facts and conclusions of the Supplemental Draft GEIS and Supplemental Final GEIS, considers public and agency responses, weighs and balances the relevant environmental impacts with social, economic and other considerations, and provides a rationale for the Town Board's decision; NOW THEREFORE BE IT RESOLVED, that after review and consideration, the Town Board of the Town of Southampton hereby accepts and adopts the SEQRA Findings Statement prepared on its behalf by Nelson, Pope &Voorhis, LLC, dated April 23, 2024, pursuant to the State Environmental Quality Review Act and Chapter 157 of the Town Code; and BE IT FURTHER RESOLVED, that with the adoption of said Findings, the Supplemental SEQRA process for the Siting and Construction of a Community Sewage Treatment Plan (STP) and associated Collection and Conveyance System in the Hamlet of Riverside is hereby declared as complete; and BE IT FURTHER RESOLVED, as required by SEQRA and its implementing regulations, the Town Clerk is hereby directed to distribute and file copies of the SEQRA Supplemental Findings Statement to the following involved agencies: 1. New York State Department of Environmental Conservation-Region 1 (SPDES, STP Design, Permitting) Attn: Susan Ackerman 50 Circle Road Stony Brook, New York 11790-3409 2. Central Pine Barrens Joint Planning & Policy Commission (CGA) Generated 4/29/2024 Page 3 Southampton Town Board - Letter Board Meeting of April 23, 2024 Attn: Judy Jacobson, Executive Director 624 Old Riverhead Road Westhampton Beach, New York 11978 3. New York State Environmental Facilities Corporation (Funding) Attn: Harry Nelson, P.E. Manager, Metro and Eastern Projects 625 Broadway, Albany, New York 12207-2997 Harry.Nelson @efc.nygov 4. New York State Department of Transportation (Mains, pump station easement) Region 10, Office of Right of Way Perry B. Duryea, Jr. State Office Building 250 Veterans Memorial Highway Hauppauge, NY 11788 Attn: Michael Librizzi Real Estate Acquisition, Surplus Property, Property management 5. New York State Comptroller (Sewer district formation) Attn: Michael Caplice, Long Island Regional Director Office of Intergovernmental & Community Affairs State Office Building, Suite 4A-SA 250 Veterans Memorial Highway Hauppauge, NY 11788 6. Suffolk County Department of Health Services (Sewer connections) Chief Craig Knepper, P.E., Office of Wastewater Management 335 Yaphank Avenue Yaphank, New York 11980 7. Suffolk County Department of Public Works (Mains along County Roads, Individual sewer connections) William Hillman, P.E., Chief Engineer 335 Yaphank Avenue Yaphank, NY 11980 S. Suffolk County Water Authority 4060 Sunrise Highway Oakdale, NY 11769 9. Suffolk County Sewer Agency Joseph Brown, P.E., Commissioner of Public Works and Sewer Agency Chair 335 Yaphank Avenue Yaphank, NY 11980 10. PSEG Long Island (electrical demand) 117 Doctors Path Riverhead, NY 11901 Attn: Chris Hawks 11. National Grid Environmental Department 175 East Old Country Road Hicksville, NY 11801 Attn: Cathy Waxman, Environmental Engineer Generated 4/29/2024 Page 4 Southampton Town Board - Letter Board Meeting of April 23, 2024 12. U.S. Environmental Protection Agency, Region 2 Attn: Anne Rosenblatt Schaffer Via email: clh.a.ff ir.o_ .nin_ o ao dry and be it further RESOLVED, the Town Clerk is hereby directed to forward a copy of this resolution to all additional involved and interested agencies identified below: 1. Southampton Town Planning Board (STP Site plan approval) Attn: Jacqui Lofaro, Chair 2. Southampton Town Building Department (STP Building Permits) Attn: Sean McDermott, Chief Building Inspector 3. Southampton Town Highway Department (Mains along Town Roads) Attn: Charles McArdle, Superintendent 4. Southampton Town Engineering Department (SWPPP) Attn: Thomas Houghton, P.E., Town Engineer 5. Southampton Town Conservation Board (Wetlands permit) Attn: Marty Shea, Chief Environmental Analyst 6. FRNCA c/o Angela Huneault P.O. Box 602 Riverhead, NY 11901 7. Peconic Estuary Partnership Attn: Joyce Novak, PhD, Executive Director 300 Center Drive Room 250S, Riverhead NY 11901 S. Town of Riverhead Attn: Dawn Thomas, Esq., Community Development Director 200 Howell Avenue, Riverhead NY 11901 9. Riverhead Central School District Attn: Cheryl Pedisich, Interim Superintendent of Schools 814 Harrison Avenue Riverhead, New York 11901 10. Suffolk County Planning Commission Attn: John Corral, Environmental Projects Coordinator Suffolk County Dept. of Economic Development and Planning Division of Planning and Environment 111h Floor, 100 Veterans Memorial Highway Hauppauge, NY 11788 and be it further Generated 4/29/2024 Page 5 Southampton Town Board - Letter Board Meeting of April 33, 3034 RESOLVED, all interested agencies and any individuals are hereby provided the digital link to review the SEORA Findings Statement on theTown's website: BE IT FURTHER RESOLVED, pursuant to SEORA, the Town Clerk is further directed that this resolution, together with a copy of the Adopted Findings Statement document, be forwarded to NYSOEC Commissioner at 635 Broadway, Albany, New York, 133]]-1011; and BE IT FURTHER RESOLVED, in addition to access to all documents via the websiteas indicated herein, printed copies ofthe Findings Statement shall additionally be made available tothe public: ' In the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. ' At the Riverhead public library Financial Impact: None RESULT: ADOPTED [UNANIMOUS] MOVER: Maria Z. Moore, Supervisor SECONDER: Tommy John Schiavoni, Councilman AYES: Moore, McNamara, Iasi||i, Pell, Schiavoni Generated 4/39/3034 Page 6 Southampton Town Board - Letter Board Meeting of April 23, 2024 TOWN BOARD RESOLUTION 2024-562 Item#7.87 ADOPTED DOC ID:46228 Resolution Establishing the Riverside Sewer District in the Town of Southampton WHEREAS, the Town Board of the Town of Southampton has considered the formation of the Riverside Sewer District in the hamlet of Riverside, Town of Southampton and, by Resolution No. 1356 of 2023, adopted on November 14, 2023, authorized the engineering firm of Nelson, Pope & Voorhis, LLC, Consulting Engineers ("NPV"), to prepare a Map, Plan, and Report pursuant to Town Law Article 12-A attendant to the possible establishment of the Riverside Sewer District; and WHEREAS, the Town Board reviewed said Map, Plan and Report prepared by NPV, as filed with the Southampton Town Clerk on January 23, 2024; and WHEREAS, pursuant to Town Board Resolution No. 142 of 2024, adopted January 23, 2024, the Town Board called for a public hearing, and entered the same in its minutes, specifying that the Town Board would meet to consider the establishment of the Riverside Sewer District in the Town of Southampton; and WHEREAS, pursuant to Town Law §209-d, the Town Board held public hearings pertaining to the formation of the Riverside Sewer District on February 15, February 27, March 12, March 26, and April 9, 2024, attendant to the formation of the Riverside Sewer District, with said hearings held both in-person, at the Southampton Town Hall, and via videoconferencing; and WHEREAS, a revised Map, Plan, and Report was filed in the Town Clerk's Office on March 26, 2024, together with an accompanying memo detailing changes made to said Map, Plan, and Report; and WHEREAS, the Town Board received questions and comments, and participated in discussions at said public hearings, including whether the district formation is in the public interest; now therefore be it RESOLVED, that the Town Board of the Town of Southampton hereby establishes the Riverside Sewer District pursuant to the Map, Plan, and Report prepared by Nelson, Pope & Voorhis, LLC, Consulting Engineers, and filed with the Southampton Town Clerk on January 23, 2024, and March 26, 2024, the establishment of said district being made pursuant to Article 12-A of New York State Town Law, the resolution after hearing being held pursuant to §209-e of Article 12-A of New York State Town Law, with the Town Board finding as follows: 1. That the Notice of Hearing required by §209-d of New York State Town Law was published and posted as required by law and is otherwise sufficient; 2. That all of the property and property owners within the proposed district will be benefited thereby; 3. That all of the property and property owners benefited are included within the limits of the proposed district; and Generated 4/29/2024 Page 7 Southampton Town Board - Letter Board Meeting of April 23, 2024 4. That the establishment of the district is determined to be in the public interest. AND BE IT FURTHER RESOLVED, that the Town Board intends to fund the improvements within the district as follows: 1. The maximum amount proposed to be expended for the formation of the district and the improvement proposed, to wit, a sewage treatment plant facility and associated collection and conveyance system, is approximately $44,605,706, that is: (i) approximately $40,032,881 attributable to infrastructure and STP construction costs, (ii) approximately $3,302,825 attributable to land acquisition costs, (iii) approximately $904,500 attributable to hook-up, or connection fees, and (iv) approximately $365,500 attributable to escalation, or inflation, costs. 2. The costs above, which include construction, design, permitting, land acquisition, and consultation fees, shall be financed through various funding sources comprised of grant monies, that is: (i) a $250,000 grant from the Suffolk County Water Quality Protection and Restoration Program (WQPRP), (ii) a $5,000,000 grant from the Suffolk County Federal Infrastructure Funding or American Rescue Plan Act (ARPA), (iii) a $5,000,000 Federal Member Item grant sourced from the Consolidated Appropriations Act of 2023, (iv) a NYS Environmental Facilities Corporation (EFC) Clean Water State Revolving Fund (SWSRF) grant in the amount of $19,242,000, sourced from the Bipartisan Infrastructure Law (BIL), (v) a Community Preservation Fund Water Quality Improvement Project (CPF WQIP) grant in the amount of $10,907,970, which captures existing flow and currently allocated monies, (vi) CPF WQIP funds attributable to land acquisition costs in the amount of $3,302,825, and (vii) CPF funds attributable to hook-up, or connection fees, in the amount of $904,500. 3. The estimated $1,000,000 in costs attributable to the annual operation and maintenance of the proposed sewer facilities will be paid for in part through a Town subsidy from the General Fund, and in part by user fees collected via sewer bills, at a cost of approximately $225 annually, per user, based on usage. AND BE IT FURTHER RESOLVED, that the Town Board hereby approves the establishment of the Riverside Sewer District in the hamlet of Riverside, Town of Southampton, with the boundaries as set forth in the Map, Plan, and Report heretofore referred to, and approves the construction of the improvements for providing the services contained therein; and be it further RESOLVED, that pursuant to Town Law §209-f, to the extent it is required, Town staff is hereby directed to prepare, and the Town Supervisor is authorized to sign, an application for permission of the State Comptroller, known as Part 85 Approval, to establish the Riverside Sewer District; and be it further RESOLVED, that pursuant to Town Law §209-e(3), this resolution is subject to a permissive referendum and thus the Town Clerk, within ten (10) days of the adoption of this resolution, shall post on the Town Clerk's signboard, and publish in the official newspaper the following abstract: Abstract of Town Board Resolution No. 562 of 2024 TAKE NOTICE, that on April 23, 2024, by Resolution No. 562 of 2024, the Town Board of the Town of Southampton adopted a resolution authorizing the establishment of Generated 4/29/2024 Page 8 Southampton Town Board - Letter Board Meeting of April 23, 2024 the Riverside Sewer District in the hamlet of Riverside, Town of Southampton, pursuant to that certain Map, Plan, and Report filed in the Town Clerk's Office on January 23, 2024, and updated on March 26, 2024. The maximum amount proposed to be expended for the formation of the district and the improvement proposed, to wit, a sewage treatment plant facility and associated collection and conveyance system, is approximately $44,605,706, with said costs to be fully funded by various Federal, State, and local grants. The cost to a typical property owner within said district is estimated to be approximately $225 annually, attributable to the operation and maintenance of the proposed sewer facilities. This resolution was adopted subject to a permissive referendum. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: See resolution text. RESULT: ADOPTED [UNANIMOUS] MOVER: Maria Z. Moore, Supervisor SECONDER: Tommy John Schiavoni, Councilman AYES: Moore, McNamara, Iasilli, Pell, Schiavoni Generated 4/29/2024 Page 9 ""76a0 n Southampton Town Board w Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 %,, z _ Fax: (631) 283-5606 r�trntaa+��' April , 2024 Itttlltttllltlttltttltttlltttlll Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Please be advised that the Town Board, at a meeting held on April 23, 2024 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2024-561 Adopted [Unanimous] Resolution to Adopt SEQRA Findings Statement in Connection with the Supplemental Review Process for the Siting and Construction of a Community Sewage Treatment Plant (STP) and associated Collection and Conveyance System in the Hamlet of Riverside Town Board Resolution RES-2024-562 Adopted [Unanimous] Resolution Establishing the Riverside Sewer District in the Town of Southampton Sincerely Yours, K5 Sundy A Schermeyer Town Clerk Generated 4/29/2024 Page 1 ,Ilnlo 1',» Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road , ; ' Telephone: (631) 287-5740 Southampton, NY 11968 `;,, f Fax: (631) 283-5606 4'c SrlU'l 11ANto~ April 29, 2024 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Responding to this I r will serve as an acknowledgement of receipt of the attached copies of resolutions ado e by the outhampton Town Board. Please sign this letter and return it to the Town erks Office is standard mail, by fax at 631-283-560 or you may scan and email it ba o c r southam tontownn ov. Signature: Date: Please be advised that the Town Board, at a meeting held on April 23, 2024 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2024-561 Adopted [Unanimous] Resolution to Adopt SEQRA Findings Statement in Connection with the Supplemental Review Process for the Siting and Construction of a Community Sewage Treatment Plant (STP) and associated Collection and Conveyance System in the Hamlet of Riverside Town Board Resolution RES-2024-562 Adopted [Unanimous] Resolution Establishing the Riverside Sewer District in the Town of Southampton Sincerely Yours, Suu n^d`y^A�Schermeyer Town Clerk Generated 4/29/2024 Page 1 Southampton Town Board - Letter Board Meeting of April 23, 2024 "°: TOWN BOARD RESOLUTION 2024-561 Item#7.86 'a„r„„;_•=' ADOPTED DOC ID:46223 Resolution to Adopt SEQRA Findings Statement in Connection with the Supplemental Review Process for the Siting and Construction of a Community Sewage Treatment Plant (STP) and associated Collection and Conveyance System in the Hamlet of Riverside WHEREAS, in 2015, following public hearings and the preparation of a Generic EIS in accordance with Section 617.10 of 6 NYCRR (SEQRA), the Southampton Town Board as Lead Agency, by Resolution No. 2015-1227, accepted the Final GEIS and filed A Notice of Completion for Publication in the Environmental Notice Bulletin (ENB) as prescribed in SEQRA (6 NYCRR) Section § 617.12; and WHEREAS, subsequently, the Riverside Overlay District (ROD) Zoning Amendments were adopted into Chapter 330 (Zoning) of the Town Code of the Town of Southampton; and WHEREAS, as identified in the GEIS, in order to implement the zoning and realize revitalization within the Hamlet Riverside, the construction of a Sewage Treatment Plant (STP) and creation . of a Sewer District with the associated capital improvements/infrastructure is necessary; and WHEREAS, in anticipation of this, the Town of Southampton worked with New York State's Environmental Facilities Corporation (EFC) to list the project on the.Intended Use Plan and participate in the hardship financing process that produced an Independent Value Engineering Report; and WHEREAS, in order to formulate a sewer district, the Town was required to identify and describe information including, but not limited to, the specific details of the siting and design details for the plant, pump stations, wells, clearing of land, infrastructure plan and required easements and other economic considerations discussed in a draft Map, Plan and Report that has been the subject of ongoing public hearings; and WHEREAS, the subject action of siting the STP is considered Type I pursuant to SEQRA (non-residential use that involves over 10 acres per §617.4(b)(6)(i)) and, by Resolution No. 2023-630, the Town Board re-coordinated Lead Agency, with no other Involved Agency requesting to be lead; and WHEREAS, by Resolution No. 2023-902, the Town Board assumed Lead Agency and Issued a Positive Declaration so that a Supplemental Draft Generic Environmental Impact Statement (SDGEIS) on the siting/location of the STP and collection/conveyance system would be prepared; and WHEREAS, pursuant to Resolution No. 2023-780, the Town's Consultant has prepared the requisite SEQRA documentation for inclusion in said Supplemental Draft Generic Environmental Impact Statement (SDGEIS); and WHEREAS, by Resolution No. 2023-1339, the Town Board deemed the SDGEIS adequate for public review and scheduled a public hearing on December 12, 2023; and Generated 4/29/2024 Page 2 Southampton Town Board - Letter Board Meeting of April 23, 2024 WHEREAS, a public hearing was held on December 12, 2023, and continued on January 23, 2024; and WHEREAS, a third public hearing, scheduled for February 13, 2024, was postponed to February 15, 2024, due to inclement weather; and WHEREAS, the third public hearing was held on February 15, 2024, and heard together with the first public hearing on the Sewer District formation; and WHEREAS, the public hearing on the SDGEIS was closed on February 15, 2024, with a fourteen (14) day written comment period; and WHEREAS, on March 27, 2024, the Town's Consultant submitted the Supplemental Final Generic Environmental Impact Statement (SFGEIS) for Staff review; and WHEREAS, on April 9, 2024, pursuant to Resolution No. 2024-475, the Town Board, as Lead Agency, found the SFGEIS complete and a Notice of Completion of Supplemental Final GEIS was filed for publication in the Environmental Notice Bulletin (ENB) as prescribed by SEQRA (6 NYCRR) §617.12, with the SFGEIS posted on the Town's website and printed copies distributed by the Clerk's office to all Involved agencies; and WHEREAS, the Town Board, as lead agency, afforded the public and involved/interested agencies 10 days in which to consider the SFGEIS; and WHEREAS, after the requisite public consideration period, the Town Board requested that a SEQRA Findings Statement be prepared by Nelson, Pope & Voorhis, LLC, which summarizes the facts and conclusions of the Supplemental Draft GEIS and Supplemental Final GEIS, considers public and agency responses, weighs and balances the relevant environmental impacts with social, economic and other considerations, and provides a rationale for the Town Board's decision; NOW THEREFORE BE IT RESOLVED, that after review and consideration, the Town Board of the Town of Southampton hereby accepts and adopts the SEQRA Findings Statement prepared on its behalf by Nelson, Pope &Voorhis, LLC, dated April 23, 2024, pursuant to the State Environmental Quality Review Act and Chapter 157 of the Town Code; and BE IT FURTHER RESOLVED, that with the adoption of said Findings, the Supplemental SEQRA process for the Siting and Construction of a Community Sewage Treatment Plan (STP) and associated Collection and Conveyance System in the Hamlet of Riverside is hereby declared as complete; and BE IT FURTHER RESOLVED, as required by SEQRA and its implementing regulations, the Town Clerk is hereby directed to distribute and file copies of the SEQRA Supplemental Findings Statement to the following involved agencies: 1. New York State Department of Environmental Conservation-Region 1 (SPDES, STP Design, Permitting) Attn: Susan Ackerman 50 Circle Road Stony Brook, New York 11790-3409 2. Central Pine Barrens Joint Planning & Policy Commission (CGA) Generated 4/29/2024 Page 3 Southampton Town Board - Letter Board Meeting of April 23, 2024 Attn: Judy Jacobson, Executive Director 624 Old Riverhead Road Westhampton Beach, New York 11978 3. New York State Environmental Facilities Corporation (Funding) Attn: Harry Nelson, P.E. Manager, Metro and Eastern Projects 625 Broadway, Albany, New York 12207-2997 Harry.Nelson Ca efc.n ..gov 4. New York State Department of Transportation (Mains, pump station easement) Region 10, Office of Right of Way Perry B. Duryea, Jr. State Office Building 250 Veterans Memorial Highway Hauppauge, NY 11788 Attn: Michael Librizzi Real Estate Acquisition, Surplus Property, Property management 5. New York State Comptroller (Sewer district formation) Attn: Michael Caplice, Long Island Regional Director Office of Intergovernmental & Community Affairs State Office Building, Suite 4A-8A 250 Veterans Memorial Highway Hauppauge, NY 11788 6. Suffolk County Department of Health Services (Sewer connections) Chief Craig Knepper, P.E., Office of Wastewater Management 335 Yaphank Avenue Yaphank, New York 11980 7. Suffolk County Department of Public Works (Mains along County Roads, Individual sewer connections) William Hillman, P.E., Chief Engineer 335 Yaphank Avenue Yaphank, NY 11980 8. Suffolk County Water Authority 4060 Sunrise Highway Oakdale, NY 11769 9. Suffolk County Sewer Agency Joseph Brown, P.E., Commissioner of Public Works and Sewer Agency Chair 335 Yaphank Avenue Yaphank, NY 11980 10. PSEG Long Island (electrical demand) 117 Doctors Path Riverhead, NY 11901 Attn: Chris Hawks 11. National Grid Environmental Department 175 East Old Country Road Hicksville, NY 11801 Attn: Cathy Waxman, Environmental Engineer Generated 4/29/2024 Page 4 Southampton Town Board - Letter Board Meeting of April 23, 2024 12. U.S. Environmental Protection Agency, Region 2 Attn: Anne Rosenblatt Schaffer Via email: Schaffer.anne@epa.gov and be it further RESOLVED, the Town Clerk is hereby directed to forward a copy of this resolution to all additional involved and interested agencies identified below: 1. Southampton Town Planning Board (STP Site plan approval) Attn: Jacqui Lofaro, Chair 2. Southampton Town Building Department (STP Building Permits) Attn: Sean McDermott, Chief Building Inspector 3. Southampton Town Highway Department (Mains along Town Roads) Attn: Charles McArdle, Superintendent 4. Southampton Town Engineering Department (SWPPP) Attn: Thomas Houghton, P.E., Town Engineer 5. Southampton Town Conservation Board (Wetlands permit) Attn: Marty Shea, Chief Environmental Analyst 6. FRNCA c/o Angela Huneault P.O. Box 602 Riverhead, NY 11901 7. Peconic Estuary Partnership Attn: Joyce Novak, PhD, Executive Director 300 Center Drive Room 250S, Riverhead NY 11901 S. Town of Riverhead Attn: Dawn Thomas, Esq., Community Development Director 200 Howell Avenue, Riverhead NY 11901 9. Riverhead Central School District Attn: Cheryl Pedisich, Interim Superintendent of Schools 814 Harrison Avenue Riverhead, New York 11901 10. Suffolk County Planning Commission Attn: John Corral, Environmental Projects Coordinator Suffolk County Dept. of Economic Development and PlanningDivision of Planning and Environment 11th Floor, 100 Veterans Memorial Highway Hauppauge, NY 11788 and be it further Generated 4/29/2024 Page 5 Southampton Town Board - Letter Board Meeting of April. 23, 2024 RESOLVED, all interested agencies and any individuals are hereby provided the digital link to review the SEQRA Findings Statement on the Town's website: <https://www.southamptontownny.gov/1835/Riverside-STP> BE IT FURTHER RESOLVED, pursuant to SEQRA, the Town Clerk is further directed that this resolution, together with a copy of the Adopted Findings Statement document, be forwarded to NYSDEC Commissioner at 625 Broadway, Albany, New York, 12233-1011; and BE IT FURTHER RESOLVED, in addition to access to all documents via the website as indicated herein, printed copies of the Findings Statement shall additionally be made available to the public: In the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. At the Riverhead public library Financial Impact: None RESULT: ADOPTED [UNANIMOUS] MOVER: Maria Z. Moore, Supervisor SECONDER: Tommy John Schiavoni, Councilman AYES: Moore, McNamara, Iasilli, Pell, Schiavoni Generated 4/29/2024 Page 6 Southampton Town Board - Letter Board Meeting of April 23, 2024 TOWN BOARD RESOLUTION 2024-562 Item#7.87 ADOPTED DOC ID:46228 Resolution Establishing the Riverside Sewer District in the Town of Southampton WHEREAS, the Town Board of the Town of Southampton has considered the formation of the Riverside Sewer District in the hamlet of Riverside, Town of Southampton and, by Resolution No. 1356 of 2023, adopted on November 14, 2023, authorized the engineering firm of Nelson, Pope & Voorhis, LLC, Consulting Engineers ("NPV"), to prepare a Map, Plan, and Report pursuant to Town Law Article 12-A attendant to the possible establishment of the Riverside Sewer District; and WHEREAS, the Town Board reviewed said Map, Plan and Report prepared by NPV, as filed with the Southampton Town Clerk on January 23, 2024; and WHEREAS, pursuant to Town Board Resolution No. 142 of 2024, adopted January 23, 2024, the Town Board called for a public hearing, and entered the same in its minutes, specifying that the Town Board would meet to consider the establishment of the Riverside Sewer District in the Town of Southampton; and WHEREAS, pursuant to Town Law §209-d, the Town Board held public hearings pertaining to the formation of the Riverside Sewer District on February 15, February 27, March 12, March 26, and April 9, 2024, attendant to the formation of the Riverside Sewer District, with said hearings held both in-person, at the Southampton Town Hall, and via videoconferencing; and WHEREAS, a revised Map, Plan, and Report was filed in the Town Clerk's Office on March 26, 2024, together with an accompanying memo detailing changes made to said Map, Plan, and Report; and WHEREAS, the Town Board received questions and comments, and participated in discussions at said public hearings, including whether the district formation is in the public interest; now therefore be it RESOLVED, that the Town Board of the Town of Southampton hereby establishes the Riverside Sewer District pursuant to the Map, Plan, and Report prepared by Nelson, Pope & Voorhis, LLC, Consulting Engineers, and filed with the Southampton Town Clerk on January 23, 2024, and March 26, 2024, the establishment of said district being made pursuant to Article 12-A of New York State Town Law, the resolution after hearing being held pursuant to §209-e of Article 12-A of New York State Town Law, with the Town Board finding as follows: 1. That the Notice of Hearing required by §209-d of New York State Town Law was published and posted as required by law and is otherwise sufficient; 2. That all of the property and property owners within the proposed district will be benefited thereby; 3. That all of the property and property owners benefited are included within the limits of the proposed district; and Generated 4/29/2024 Page 7 Southampton Town Board - Letter Board Meeting of April 23, 2024 4. That the establishment of the district is determined to be in the public interest. AND BE IT FURTHER RESOLVED, that the Town Board intends to fund the improvements within the district as follows: 1. The maximum amount proposed to be expended for the formation of the district and the improvement proposed, to wit, a sewage treatment plant facility and associated collection and conveyance system, is approximately $44,605,706, that is: (i) approximately $40,032,881 attributable to infrastructure and STP construction costs, (ii) approximately $3,302,825 attributable to land acquisition costs, (iii) approximately $904,500 attributable to hook-up, or connection fees, and (iv) approximately $365,500 attributable to escalation, or inflation, costs. 2. The costs above, which include construction, design, permitting, land acquisition, and consultation fees, shall be financed through various funding sources comprised-of grant monies, that is: (i) a $250,000 grant from the Suffolk County Water Quality Protection and Restoration Program (WQPRP), (ii) a $5,000,000 grant from the Suffolk County Federal Infrastructure Funding or American Rescue Plan Act (ARPA), (iii) a $5,000,000 Federal Member Item grant sourced from the Consolidated Appropriations Act of 2023, (iv) a NYS Environmental Facilities Corporation (EFC) Clean Water State Revolving Fund (SWSRF) grant in the amount of $19,242,000, sourced from the Bipartisan Infrastructure Law (BIL), (v) a Community Preservation Fund Water Quality Improvement Project (CPF WQIP) grant in the amount of $10,907,970, which captures existing flow and currently allocated monies, (vi) CPF WQIP funds attributable to land acquisition costs in the amount of $3,302,825, and (vii) CPF funds attributable to hook-up, or connection fees, in the amount of $904,500. 3. The estimated $1,000,000 in costs attributable to the annual operation and maintenance of the proposed sewer facilities will be paid for in part through a Town subsidy from the General Fund, and in part by user fees collected via sewer bills, at a cost of approximately $225 annually, per user, based on usage. AND BE IT FURTHER RESOLVED, that the Town Board hereby approves the establishment of the Riverside Sewer District in the hamlet of Riverside, Town of Southampton, with the boundaries as set forth in the Map, Plan, and Report heretofore referred to, and approves the construction of the improvements for providing the services contained therein; and be it further RESOLVED, that pursuant to Town Law §209-f, to the extent it is required, Town staff is hereby directed to prepare, and the Town Supervisor is authorized to sign, an application for permission of the State Comptroller, known as Part 85 Approval, to establish the Riverside Sewer District; and be it further RESOLVED, that pursuant to Town Law §209-e(3), this resolution is subject to a permissive referendum and thus the Town Clerk, within ten (10) days of the adoption of this resolution, shall post on the Town Clerk's signboard, and publish in the official newspaper the following abstract: Abstract of Town Board Resolution No. 562 of 2024 TAKE NOTICE, that on April 23, 2024, by Resolution No. 562 of 2024, the Town Board of the Town of Southampton adopted a resolution authorizing the establishment of Generated 4/29/2024 Page 8 Southampton Town Board - Letter Board Meeting of April. 23, 2024 the Riverside Sewer District in the hamlet of Riverside, Town of Southampton, pursuant to that certain Map, Plan, and Report filed in the Town Clerk's Office on January 23, 2024, and updated on March 26, 2024. The maximum amount proposed to be expended for the formation of the district and the improvement proposed, to wit, a sewage treatment plant facility and associated collection and conveyance system, is approximately $44,605,706, with said costs to be fully funded by various Federal, State, and local grants. The cost to a typical property owner within said district is estimated to be approximately $225 annually, attributable to the operation and maintenance of the proposed sewer facilities. This resolution was adopted subject to a permissive referendum. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: See resolution text. RESULT: ADOPTED [UNANIMOUS] MOVER: Maria Z. Moore, Supervisor SECONDER: Tommy John Schiavoni, Councilman AYES: Moore, McNamara, Iasilli, Pell, Schiavoni Generated 4/29/2024 Page 9 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 °'�,, - t„1 Fax: (631) 283-5606 Sill:1"IIAD1��• May 30, 2024 .Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Responding to t his t r will s rve as an acknowledgement of receipt of the attached copies of resolutions ad ted y th outhampton Town Board. Please sign this letter and return it to the.Town erks ffic is standard mail, by fax at 631-283-5606 or you may scan and email it bac to n southam tontownn ov. Signature: Date: Please be ad ised that the Town Board, at a meeting held on May 28, 2024 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2024-725 Adopted [Unanimous] Notice of Public Hearing to Consider Amendments to Town Code Article XXIV, Entitled "Central Pine Barrens Overlay District" to Incorporate Recent Changes to Update the Comprehensive Land Use Plan Sincerely Yours, Sundy A Schermeyer U MAY 3 1 2 Town Clerk 0� o yth®td 'row Clerk Generated 5/30/2024 Page 1 0,111 ` 1640 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 !`1ryC lllt��hC May 3U, Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Please be advised that the Town Board, at a meeting held on May 28, 2024 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2024-72S Adopted [Unanimous] Notice of Public Hearing to Consider Amendments to Town Code Article XXIV, Entitled "Central Pine Barrens Overlay District" to Incorporate Recent Changes to Update the Comprehensive Land Use Plan Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 5/30/2024 Page 1 Southampton Town Board - Letter Board Meeting of May 28, 2024 TOWN BOARD RESOLUTION 2024-725 Item#7.67 ADOPTED DOC ID:46399 Notice of Public Hearing to Consider Amendments to Town Code Article XXIV, Entitled "Central Pine Barrens Overlay District" to Incorporate Recent Changes to Update the Comprehensive Land Use Plan BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on Tuesday, June 25, 2024 at 6:00 p.m. either at Southampton Town Hall, 116 Hampton Road, Southampton, New York, or via videoconferencing, to hear any and all persons either for or against a proposed local law entitled "A LOCAL LAW to consider amending Town Code Sections §330-215 to §330-222 within Article XXIV (Central Pine Barrens Overlay District) as it relates to incorporating recent amendments made by to the Central Pine Barrens Comprehensive Land Use Plan Update." LOCAL LAW NO. OF 2024 A LOCAL LAW amending Town Code Sections §330-215 to §330-222 within Article XXIV, Central Pine Barrens Overlay District. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. The overall goal of these amendments is to update the provisions of the existing legislation to reflect and be consistent with recent changes to the Central Pine Barrens Comprehensive Land Use Plan update, as adopted on April 19, 2023, pursuant to the provisions of Article 57 of the New York State Environmental Conservation Law. SECTION 2. Amendment. GENERAL REFERENCES Zoning - See Ch. 330. § 330-217 Definitions § 330-219 Development within core preservation area § 330-220 Development within compatible growth area § 330-221 Transfer of development rights; Pine Barrens credit program § 330-222 Remedies and penalties for violations Article XXIV Central Pine Barrens Overlay District [Added 9-26-1995 by L.L. No. 46-1995] § 330-215 Findings and purpose. A. The Town Board finds that concern about pine barrens destruction, forest fragmentation, loss of biodiversity, disruption of ecological functions and processes, ground and surface water contamination, diminishment of open space, loss of natural scenery, depletion of recreational resources and forfeiture of research and educational Generated 5/30/2024 Page 2 Southampton Town Board - Letter Board Meeting of May 28, 2024 opportunities has created new demands for scientific, economic, social and conservation planning to reduce the potential for adverse environmental effects to the relatively unique biome referred to as the Southampton portion of the Central Pine Barrens. B. The Town Board also finds that there are inadequacies in existing policies, methods and mechanisms for balancing land use and environmental protection needs. Hence, more effective measures and approaches are required at the Town level to improve planning and ensure a rational and holistic approach to the sustainable and environmentally sound use of pine barrens resources. C. The overall goal of this article is to equitably meet the economic and environmental needs of the present and future generations, and achieve sustainable development. This is to be accomplished by making maintenance and recovery of the health and integrity of Southampton's ecosystems an integral part of the land-use planning and development process. D. The objective of this article is to provide consistency with the goals of the Central Pine Barrens Comprehensive Land Use Plan adopted by the Town Board on June 27, 1995, adopted by Central Pine Barrens Joint Planning and Policy Commission on June 28, 1995, and signed by the Governor of the State of New York on June 28, 1995, and as may be amended pursuant to the provisions of Article 57 of the New York State Environmental Conservation Law, as follows: (1) To protect, preserve and enhance the functional integrity of the Pine Barrens ecosystem and the significant natural resources, including plant and animal populations and communities, thereof. (2) To protect the quality of surface water and groundwater. (3) To discourage piecemeal and scattered development. (4) To promote active and passive recreational and environmental educational uses that are consistent with the land use plan. (5) To accommodate development, in a manner consistent with the long-term integrity of the Pine Barrens ecosystem and to ensure that the pattern of development is compact, efficient and orderly. E. Particular objectives for land use with respect to the Central Pine Barrens core preservation area as set forth in the plan and Environmental Conservation Law § 57- 0121, Subdivision 3, include: (1) Preserving the Pine Barrens in their natural state thereby ensuring the continuation of the unique and significant ecologic, hydrogeologic and other resources representative of such environments. (2) Promoting compatible agricultural, horticultural and open space recreational uses within the framework of maintaining a pine barrens environment and minimizing the impact of such activities thereon. Generated 5/30/2024 Page 3 Southampton Town Board - Letter Board Meeting of May 28, 2024 (3) Prohibiting or redirecting new construction or development. (4) Accommodating specific pine barrens management practices, such as prescribed burning, necessary to maintain the special ecology of the preservation area. (5) Protecting and preserving the quality of surface and groundwaters. F. Particular objectives for land use with respect to the Central Pine Barrens compatible growth area as set forth in the plan and Environmental Conservation Law § 57-0121, Subdivision 4, include: (1) Preserve and maintain the essential character of the existing pine barrens environment, including plant and animal species indigenous thereto and habitats therefor. (2) Protect the quality of surface and ground waters. (3) Discourage piecemeal and scattered development. (4) Encourage appropriate patterns of compatible residential, commercial, agricultural and industrial development in order to accommodate regional growth influences in an orderly way while protecting the pine barrens environment from the individual and cumulative adverse impacts thereof. (5) Accommodate a portion of the development redirected from the core preservation area. (6) Allow appropriate growth consistent with stated natural resources goals. § 330-216 Applicability. The provisions of this article shall apply to lands in the Town outside of incorporated villages located within the boundaries of the Central Pine Barrens area as defined in § 57-0107, Subdivision 10, of the New York State Environmental Conservation Law, as same may be amended from time to time. § 330-217 Definitions. The terms and words used in this article shall be ascribed the meaning and uses generally attributable to them in the other sections of this chapter unless otherwise specifically interpreted or defined. As used in this chapter, the following terms shall have the meanings as indicated: CENTRAL PINE BARRENS AREA The area of the Town outside of incorporated villages defined in § 57-0107, Subdivision 10, of the New York State Environmental Conservation Law, as same may be amended from time to time. COMPATIBLE GROWTH AREA The area of the Town within the Central Pine Barrens area, but outside the core preservation area, as defined in § 57-0107, Subdivision 10, of the New York State Environmental Conservation Law, as same may be amended from time to time. Generated 5/30/2024 Page 4 Southampton Town Board - Letter Board Meeting of May 28, 2024 CORE PRESERVATION AREA The area of the Town within the Central Pine Barrens area which contains the largest intact areas of undeveloped pine barrens, as defined in § 57-0107, Subdivision 11, of the New York State Environmental Conservation Law, as same may be amended from time to time. DEVELOPMENT The performance of any building or mining operation, the making of any material change in the use or intensity of use of any structure or land and the creation or termination of rights of access or riparian rights, as defined in § 57-0107, Subdivision 13, of the New York State Environmental Conservation Law, as same may be amended from time to time. DEVELOPMENT RIGHT The legal interest and rights permitted to a lot, parcel or area of land under this chapter respecting permissible use, area, density, bulk or height of improvements executed thereon. PINE BARRENS CREDIT A development right allocated for lands within the Central Pine Barrens area. PINE BARRENS CREDIT CERTIFICATE An instrument issued on behalf of the Central Pine Barrens Joint Planning and Policy Commission which indicates the number of Pine Barrens credits to which an owner of a particular parcel of land is entitled and which attests to the fact that the development rights have been severed from such parcel by the recording of a conservation easement, and that such rights are available for sale or use. PLAN The Central Pine Barrens Comprehensive Land Use Plan adopted by the Town Board on June 27, 1995, adopted by the Central Pine Barrens Joint Planning and Policy Commission on June 28, 1995, and signed by the Governor of the State of New York on June 28, 1995, pursuant to the provisions of Article 57 of the New York State Environmental Conservation Law. PROJECT SITE All parcels and portion(s) of parcel(s) located within the Central Pine Barrens, whether contiguous or not, that are designated as part of the proposed project area. RECEIVING AREA One or more designated districts or areas of land to which development rights or Pine Barrens credits, generated from one or more sending districts or area, may be transferred and in which increased development is permitted to occur by reason of such transfer. SELF RESTORATION A natural restoration process to allow existing seed banks, roots, etc. in the soil to re- colonize a previously disturbed site. Under this process, active monitoring and management for invasive plant species is undertaken for a prescribed period of years to Generated 5/30/2024 Page 5 Southampton Town Board - Letter Board Meeting of May 28, 2024 prevent invasive plants from overtaking the restoration area. SENDING AREA One or more designated districts or areas of land in which development rights or Pine Barrens credits are designated for use in one or more receiving districts or areas. TRANSFER OF DEVELOPMENT RIGHTS The process by which development rights or Pine Barrens credits are transferred from one lot, parcel or area of land in any sending district to another lot, parcel or area of land in one or more receiving districts. § 330-218 Construction with other statutes. Whenever the provisions of any other statute, law, rule or regulation impose stricter standards to protect the natural resources of the Central Pine Barrens area, the stricter standard shall govern. § 330-219 Development within core preservation area. A. To ensure consistency with the Central Pine Barrens Comprehensive Land Use Plan, all development in the core preservation area shall be prohibited, unless the owner of said land obtains a hardship exemption or waiver from the strict compliance with the plan from the Central Pine Barrens Joint Planning and Policy Commission pursuant to § 57- 0121 of the New York State Environmental Conservation Law. B. Notwithstanding the provisions of the aforementioned Subsection A, uses which do not constitute development or uses for which the landowner has obtained a hardship exemption or waiver from the strict compliance with the plan may be permitted in the core preservation area, provided that said use complies with all other applicable provisions of this chapter. C. Notwithstanding the provisions of the aforementioned Subsection A, any legally existing, expanded or new activity involving agriculture or horticulture may be permitted in the core preservation area, provided that said use does not involve material alteration of native vegetation and said use complies with all other applicable provisions of this chapter. The erection of accessory agricultural buildings or structures required for the production of plants and animals may be permitted, provided that said buildings or structures comply with all other applicable provisions of this chapter. Uses, buildings or structures that involve the material alteration of native vegetation, shall be prohibited but may apply for a hardship exemption or waiver from the Central Pine Barrens Joint Policy and Planning Commission. shall be pFehibited as pFevided Subsection A § 330-220 Development within compatible growth area. A. To ensure consistency with the Central Pine Barrens Comprehensive Land Use Plan, all development in the compatible growth area shall comply with the following standards: (1) All development subject to Article 6 of the Suffolk County Sanitary Code shall meet the applicable requirements of the Suffolk County Department of Health Services. Projects which require variances from the provisions of Article 6 shall meet all requirements of the Suffolk County Department of Health Service's Board of Review. Generated 5/30/2024 Page 6 Southampton Town Board - Letter Board Meeting of May 28, 2024 (2) Where deemed practical by the county or state, sewage treatment plant discharge shall be outside and downgradient of the Central Pine Barrens. Treatment systems that are approved by the New York State Department of Environmental Conservation or the Suffolk County Department of Health Services may be used in lieu of a sewage treatment plant. (3) To protect the water quality in the vicinity of surface waters or wetlands, projects within 200 feet of such features should be designed to minimize nitrate-nitrogen loading to the groundwater with the goal of achieving less than 2.5 parts per million nitrate-nitrogen. (4) All development shall comply with the provisions of Articles 7 and 12 of the Suffolk County Sanitary Code, including any provisions for variances or waivers, if needed, as well as all applicable state laws and regulations. All necessary water resources and wastewater management infrastructure shall be in place prior to, or as part of, the commencement of construction. (5) All development involving significant discharges to groundwater in close proximity to public water supply wells shall include adequate mitigation measures to protect the water quality as required under Article 17 of the New York State Environmental Conservation Law. (6) All development involving significant discharges to groundwater in close proximity to private water supply wells shall comply to the Suffolk County Department of Health Services' guidelines for wellhead protection. (7) Development proposals for sites containing or abutting wetlands shall be separated by a nondisturbance buffer area which shall be no less than that required under Chapter 325 of the Town Code and applicable state laws, unless relief is provided by the Conservation Board. Where relief or variances are required, the applicant shall comply with all requirements imposed by the permit issued by the Conservation Board. Distances shall be measured horizontally from the wetland edge as defined in the applicable laws. Such buffer areas shall be delineated on the development plans, and adequate conditions shall be imposed to assure their preservation. Said conditions shall be set forth in a declaration of covenants, conservation easement or similar instrument. (8) All stormwater runoff originating from development on the property shall be retained on-site, unless surplus capacity exists in an off-site drainage system. Where practical, natural recharge areas and/or drainage systems that cause minimal disturbance of native vegetation may be required. Ponds may be created if they are designed to accommodate stormwater runoff and not solely for aesthetic purposes. Where practical, drainage designs shall incorporate the use of natural swales and depressions, rather than excavated recharge basins. (9) Adequate measures shall be taken to control soil erosion and stormwater runoff during construction, in accordance with the Municipal Separate Stormwater Sewer Systems (MS4) and/or the New York State and Town Building Codes. {9-}LLOJ Disturbance of natural vegetation shall comply with the minimum standards set forth under Article XIII, Aquifer Protection Overlay District, of this chapter. Development plans shall contain calculations for the amount of disturbance of natural vegetation and indicate the limits thereof. For the purposes of this section, the Generated 5/30/2024 Page 7 Southampton Town Board - Letter Board Meeting of May 28, 2024 percentages of disturbance of the natural vegetation set forth in Article XIII shall include all areas previously disturbed. fV)}LLQ Where applicable, subdivision and site design shall support preservation of natural vegetation in large unbroken blocks that allow contiguous open spaces to be established when adjacent parcels are developed. Where applicable, subdivision and site design shall be configured in such a way as to prioritize the preservation of native pine barrens vegetation. Development projects shall be designed with full consideration of existing development and known future plans for adjacent properties. {l-l-)LL21 Development projects must meet, at minimum, the percentages of open space specified in Standard 5.3.3.6.2 and Figure 5-1 of the Central Pine Barrens Comprehensive Land Use Plan. {l-2}LOJ Development projects shall place no more than 15% of the entire site in fertilized vegetation. The use of nonnative plant species shall be limited to the maximum extent practicable and development designs shall consider the nonnative and native planting suggestions contained in Figure 5-2 of the plan. fl3- !41 Where a development application may have a significant negative impact upon a habitat essential to those species identified on the New York State maintained lists as rare, threatened or of special concern, or upon the communities classified by the New York State Natural Heritage Program as G1, G2, G3 or S1, S2 or S3 or on any federally listed endangered or threatened species, appropriate mitigation measures shall be taken to protect these species. (15) Development projects shall incorporate bird-friendly structures, design and site planning elements to reduce bird strikes and mortality to the maximum extent practicable, in accordance with Standard 5.3.3.7.2 of the Central Pine Barrens Comprehensive Land Use Plan. (16)Tree clearing and/or land disturbance shall be restricted to the period between December 1 and February 28, in accordance with US Fish and Wildlife Service (USFWS) and New York State Department of Environmental Conservation (NYSDEC) requirements for Northern Long Eared Bat habitat, unless otherwise permitted by the New York State Department of Environmental Conservation or amended by Federal Law. f144 L71 Development projects shall minimize disturbance of the grade and/or natural vegetation where slopes exceed 10%. Construction in areas where slopes exceed 10% may be approved if the design incorporates adequate soil stabilization and erosion control measures so as to mitigate negative environmental impacts. Where applicable, clearing envelopes and/or non-disturbance buffers shall be placed on those portions of the development site where slopes exceed 10%. Development applications shall include a slope analysis depicting slopes in the ranges 0% to 10%, 11% to 15% and 15% and greater. Erosion and sediment control plans and, where applicable, details of retaining walls and erosion control structures shall be required for construction in areas where slopes exceed 15% and for roads and driveways traversing slopes of 10%. {�5-}LVSJ Applications for development projects proposing open space and/or similar reserve areas shall specify the conditions of ownership and use of such lands, and such conditions shall be set forth in the deed of dedication, declaration of covenants, Generated 5/30/2024 Page 8 Southampton Town Board - Letter Board Meeting of May 28, 2024 conservation/open space easement or similar instrument. {WUA9 Where applicable, the use of a planned residential development or clustering pursuant to the provisions of Article I of Chapter 247 of the Town Code shall be encouraged to preserve open spaces. Where applicable, the use of a planned industrial park pursuant to the provisions of § 330-36 of this chapter shall be encouraged to preserve open spaces. {IZ)(20) Where applicable, any new activity or any change or expansion to an activity involving agriculture or horticulture shall incorporate "best management practices" as set forth in Controlling Agricultural Nonpoint Source Water Pollution in New York State, Bureau of Technical Services and Research, Division of Water, New York State Department of Environmental Conservation 1991, as may be amended; and "Agricultural Management Practices Catalogue for Nonpoint Source Pollution Prevention and Water Quality Protection in New York State," prepared by the New York State Nonpoint Source Management Practices Task Force, New York State Department of Environmental Conservation, 2007 and as may be amended. {l-8-}QA1 Where applicable, development plans shall indicate established recreational and educational trails and trail corridors; active recreation sites; scenic corridors, including the Sunrise Highway; sites of historical or cultural significance; and sensitive archaeological areas, within 500 feet of the project site, and shall provide adequate measures to protect such cultural resources. The use of existing natural buffers or the restoration of degraded buffer areas, the use of signs or other man-made structures, consistent in style and scale with the community character, or other similar measures shall be taken to protect roadside areas and scenic and recreational resources. fl,9-}QA2 All commercial or industrial development shall comply with the applicable provisions of the Suffolk County Sanitary Code and all other applicable federal, state or local laws. (23) All construction shall comply with Article XXIX (Outdoor Lighting) of the Town Code, as may be amended. B. A land use in the compatible growth area that lawfully exists at the time of the effective date of this article or any amendment thereto may be continued in its present form, except that the aforementioned standards shall apply to any change, structural alteration, expansion, restoration or modification to said land use constituting development as defined herein. § 330-221 Transfer of development rights; Pine Barrens credit program. A. As one of the principal forms of relief for the above-noted restraints, development rights shall be transferable from the Central Pine Barrens area to approved receiving sites outside the core preservation area, pursuant to the applicable provisions of this chapter, including § 330-7, Transfer of permitted residential development rights; Article XI, Old Filed Map Overlay District; and Article XII, Special Old Filed Map Overlay District. Additionally, a landowner may obtain a Pine Barrens credit (PBC) certificate from the Pine Barrens Credit Bank and Clearinghouse as established under the Pine Barrens credit program set forth in Chapter 6 of the plan, which PBC may be sold or used in accordance with the procedures set forth in this chapter. B. General regulations. Generated 5/30/2024 Page 9 Southampton Town Board - Letter Board Meeting of May 28, 2024 (1) Development rights or a Pine Barrens credit shall be allocated for each parcel of land established as a separate tax lot as of the effective date of this amendment. (2) One residential development right or Pine Barrens credit shall be allocated for each single-family dwelling permitted on a parcel of land, based upon the development yield established by multiplying the gross lot area (in acres) of the parcel by the following development yield factor. The applicable development yield factor for a particular parcel of land is based upon the zoning regulations in existence when the plan was adopted on June 28, 1995. Fractional allocation of a Pine Barrens credit shall be rounded to the nearest 1/100 (or 0.01) of a Pine Barrens credit. [Amended 8-23- 1996 by L.L. No. 29-1996] Zoning Minimum Lot Area of Zone (square feet) Developmen Developmen District t Yield t Yield Factor Factor (Old (Outside of Filed Maas) Old Filed Ma s CR-200 200,000 0.16 0.20 CR-120, R-120 120,000 0.27 0.33 CR-80, R-80 80,000 0.40 0.50 CR-60, R-60 60,000 0.60 0.66 CR-40, R-40 40,000 0.80 1.0 R-20 20,000 1.60 1.60 R-15 15,000 2.00 2.0 R-10 10,000 2.70 2.70 (3) One nonresidential development right or Pine Barrens credit shall be allocated for each one acre of gross lot area of the parcel as currently zoned. Fractional allocation of a Pine Barrens credit shall be rounded to the nearest 1/100 (or 0.01) of a Pine Barren credit. [Amended 10-8-1996 by L.L. No. 35-1996] (4) Notwithstanding the provisions of aforementioned subsections, the Town Board may, upon written request of the landowner, elect to increase the allocation of development rights or PBCs for a parcel of land of at least 4,000 square feet with frontage on an existing improved street or where the landowner demonstrates to the satisfaction of the Town Board that the potential development yield of the property based upon all applicable municipal regulations is greater than the yield set forth herein. Any increase in the allocation of PBC's by the Town Board shall be subject to the review and approval of the Central Pine Barrens Joint Planning and Policy Commission pursuant to Chapter 6 of the plan. (5) No development rights or Pine Barrens credits shall be allocated for property owned or held by a public agency, municipal corporation or governmental subdivision, including property held by reason of tax default. (6) No development rights or Pine Barrens credits shall be allocated for property for which the development rights have previously been used, or allocated for use, under this chapter, nor for lands which are encumbered by an easement, covenant or other deed restriction for the purpose of land protection, preservation or conservation. (7) No development rights or Pine Barrens credits shall be allocated for any property owned or held for the purpose of land protection, preservation or conservation. Generated 5/30/2024 Page 10 Southampton Town Board - Letter Board Meeting of May 28, 2024 {7}LSJ Partially improved parcels or parcels where residual uses will remain shall receive a decreased allocation based upon the extent of improvement or residual use. There shall be a proportional decrease in allocation based upon the receipt of discretionary permits for improvement of the parcel. {8-}t9j Notwithstanding any provision of this chapter to the contrary, no development rights or Pine Barrens credits shall be transferred into the core preservation area. Development rights or Pine Barrens credits originating in the core preservation area may be transferred to the compatible growth area or out of the Central Pine Barrens area. Development rights or Pine Barrens credits originating in the compatible growth area may be transferred within the compatible growth area or out of the Central Pine Barrens area. {9} I Notwithstanding the provisions of this chapter to the contrary, development rights or Pine Barrens credits shall only be transferred to a receiving parcel within the same school district, except upon the approval of the Town Board, by a vote of a majority plus one, where the applicant demonstrates that the transfer does not result in a significant adverse impact upon the sending school district or the receiving school district. § 330-222 Remedies and penalties for violations. [Added 3-25-2003 by L.L. No. 29-2003] A. Purpose and findings. (1) In 1993, New York State adopted § 57-0119 of the Environmental Conservation Law entitled "Central Pine Barrens Joint Planning and Policy Commission." This Commission consists of five voting members: a member appointed by the Governor, the County Executive of Suffolk County, and the Supervisors of the Towns of Brookhaven, Riverhead and Southampton. (2) This Commission was formed to implement, manage and oversee land use within the Central Pine Barrens area on Long Island. ECL 57-0119(6)(a) gives the Commission the power to prepare, adopt and insure implementation of the Comprehensive Land Use Plan. ECL Article 57 recognizes the importance of the three local Towns to regulate the implementation of the plan within the Central Pine Barrens region. (3) The authority to establish a Comprehensive Land Use Plan is contained in ECL § 57- 0121. In conformance with ECL 57 and the Comprehensive Land Use Plan, the Town Board of the Town of Southampton adopted two overlay districts for the Central Pine Barrens Region, one in 1986 (Aquifer Protection Overlay District) and one in 1995 (Central Pine Barrens Overlay District). (4) The intention of the original legislation adopted in 1995 and the resulting plan was that the local planning and zoning powers and authority to regulate land uses by local municipalities within the Central Pine Barrens area would not be affected by said legislation and plan. AFt+Ele 67 oft-he ECL. Although each of the =_...ng codes of the Fespective three Towns Generated 5/30/2024 Page 11 Southampton Town Board - Letter Board Meeting of May 28, 2024 contain penalty pFevisiens feF violations of the code, no specific pFevisiens aFe included {6-}L51 The Towns of Brookhaven, Riverhead and Southampton desire to discourage and prevent unauthorized and illegal land clearing activities within the core area and the compatible growth area of the Long Island Central Pine Barrens region. Any amendment to Article 57 of the ECL should be consistent with existing code enforcement provisions in each of the three Towns. {7}L61 This section is necessary to raise the potential penalties under the authority of the respective Town codes for unauthorized and illegal land clearing activities, as well as provide enforcement of provisions of the respective Town codes regarding the Long Island Pine Barrens region. {8-}L71 While the fine amounts set forth herein are significant, they are not out of proportion to the nature of the violation. Violations occurring within the Central Pine Barrens area may threaten groundwater and the endangered and threatened plants and animals found within the Central Pine Barrens. Through the enactment of Article 57 of the ECL, the State Legislature has seen fit to protect this environmentally sensitive area. This section is adopted pursuant to the home rule authorization found within § 10(4)(b) of the Municipal Home Rule Law and is intended to supersede § 268 of the Town Law. B. In addition to the penalties provided for in § 330-186 of this chapter, any person or entity who shall violate any of the provisions herein shall restore the subject premises or property or shall undertake any necessary remedial action, including but not limited to the posting of a performance and maintenance bond, as required by the Town in order to bring the subject premises or property into conformance with the requirements of this chapter and the Central Pine Barrens Comprehensive Land Use Plan or any permit, covenant or condition issued pursuant thereto, in addition to the fines set forth in Subsection C below. C. Any person or entity who shall violate any of the provisions contained in Article XXIV or the Central Pine Barrens Overlay District, or any permit, covenant or condition issued pursuant thereto, shall be guilty of a violation of such, which shall be punishable by a fine not to exceed $25,000 or no more than one year in jail, for violations occurring on premises or property located within the Core Preservation Area or $10,000 or no more than one year in jail, for violations occurring on premises or property located within the Compatible Growth Area, and an additional fine of $1,000 per day in both areas for each day that such violation continues. A violation of this section shall be classified as an unclassified misdemeanor. D. Any fines or penalties collected pursuant to either § 330-222A, B or C of this Code shall be deposited with the Town Comptroller's office and shall be maintained in a segregated account to be used exclusively for protection, preservation, enhancement and/or restoration of the natural resources and ecosystems of the Central Pine Barrens Region. E. Where authorized by a duly adopted resolution of the Town Board, the Town Attorney shall bring and maintain a civil proceeding, in the name of the Town, in the Supreme Court, to permanently enjoin the person or persons conducting or permitting any violation of this article from further conducting or permitting said violation. Generated 5/30/2024 Page 12 Southampton Town Board - Letter Board Meeting of May 28, 2024 § 330-223 through § 330-229. (Reserved) SECTION 3. Authority. The Town Board may adopt local laws providing for regulation of signs pursuant to New York State Constitution, Article 9, §2(B)(3); the Statute of Local Governments §10(6); Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12), and §10(1)(ii)(d)(3), and Article 16 of the New York State Town Law. SECTION 4. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provisions so adjudged to be invalid or unconstitutional. SECTION S. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE IT FURTHER RESOLVED, the Town Clerk shall refer this resolution to the Planning Board and Suffolk County Planning Commission for review and recommendations; and BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on Tuesday, June 2S at 6:00 p.m. either at Southampton Town Hall, 116 Hampton Road, Southampton, New York, or via videoconferencing, to hear any and all persons either for or against a proposed local law entitled: ""A LOCAL LAW to consider amending sections within Town Code Article XXIV (Central Pine Barrens Overlay District) as it relates to incorporating recent amendments made by to the Central Pine Barrens Comprehensive Land Use Plan Update." FURTHER NOTICE, that, should the meeting be held via videoconferencing due to public health and safety concerns related to COVID-19, the public will have an opportunity to see and hear the meeting live, and to provide comments, with a transcript provided at a later date. If via videoconferencing, the public can watch the live meeting online from the Town of Southampton website on the Town Clerk's Meeting Portal, via YouTube, or through the Zoom App. If any interested members of the public would like to provide comments on the public hearing, comments can be called in during the meeting via telephone or the Zoom App. Comments can also be emailed up until one hour before the start of the meeting to the Town Clerk at tpwncp_ irk,og, _p.u.tlh .iringtointaWnnyogay irn_ u_p_tn_o_town.deirkC�_ _atlh .irinlntointowinmyogp r_ .. Please continue to check the Town Clerk's website and Meeting Portal as the hearing date approaches for information as to whether the meeting will be held in-person, at Southampton Town Hall, or via videoconferencing, including further instructions on how to access a virtual meeting, and for any updated information. Generated 5/30/2024 Page 13 Southampton Town Board - Letter Board Meeting of May 28, 2024 Summary of Proposed Law This Local Law Incorporates changes made to the Central Pine Barrens Comprehensive Land Use Plan and the Town is required by State Law to adopt them. Copies of the proposed local law, sponsored by Supervisor Moore, are on file in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None RESULT: ADOPTED [UNANIMOUS] MOVER: Maria Z. Moore, Supervisor SECONDER: Michael A. Iasilli, Councilman AYES: Moore, McNamara, Iasilli, Pell, Schiavoni Generated 5/30/2024 Page 14 p of Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 June 14 2024 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Responding to t 's, let .er will s e as an acknowledgement of receipt of the attached copies of resolutions dopte by th �thampton Town Board. Please sign this letter and return it to the To Clerk Off' a standard mail, by fax at 631-28 56 or you may scan and email it ac o o rk southam tontownn . oar. 1A, Signature: Date: _IT 1, Coe I Please be Vvised t at the Town Board, at a meeting h d on 'une 11, 2024 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2024-778 Adopted [Unanimous) Notice of Public Hearing for the Adoption of an Updated Pattern Book for the Hamlet of Hampton Bays Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 6/14/2024 Page 1 0,111 ` 1640 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 !`1ry1 Ink VIC August 29, 2024 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it back to townclerk@southamntontownnv.aov. Signature: Date: Please be advised that the Town Board, at a meeting held on August 27, 2024 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2024-104S Adopted as Amended [Unanimous] Notice of Public Hearing to Consider Amending Town Code §330-210 (Miscellaneous provisions) of Article XXII (Signs) as it relates to the Placement of Signs Sincerely Yours, <--� K5c � Sundy A Schermeyer Town Clerk Generated 8/29/2024 Page 1 0,111 ` 1640 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 !`1ryC Ink VIC August , Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Please be advised that the Town Board, at a meeting held on August 27, 2024 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2024-104S Adopted as Amended [Unanimous] Notice of Public Hearing to Consider Amending Town Code §330-210 (Miscellaneous provisions) of Article XXII (Signs) as it relates to the Placement of Signs Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 8/29/2024 Page 1 Southampton Town Board - Letter Board Meeting of August 27, 2024 TOWN BOARD RESOLUTION 2024-1045 Item#8.44 ADOPTED DOC ID:47282 Notice of Public Hearing to Consider Amending Town Code §330-210 (Miscellaneous provisions) of Article XXII (Signs) as it relates to the Placement of Signs RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on Tuesday, September 24, 2024, at 6:00 p.m., both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against a local law entitled, "A LOCAL LAW amending Town Code §330-210 (Miscellaneous provisions) of Article XXII (Signs) as it relates to the placement of political signs," which provides as follows: LOCAL LAW NO. OF 2024 A LOCAL LAW amending Town Code §330-210 (Miscellaneous provisions) of Article XXII (Signs) as it relates to the placement of political signs. BE IT ENACTED by the Town Board of the Town of Southampton as follows: Section 1. Legislative Intent. The Town Board of the Town of Southampton, recognizing the changing needs of the general public, seeks to maintain the visual aesthetic of the town, reduce litter and debris, reduce roadway distractions, reduce potential adverse impacts to the safety of passing motorists and pedestrians, and reduce clutter on roadways so that directional signs relating to the public health, safety, and welfare may be unobstructed. With respect to Town Code §330-210(A), the Town Board seeks to clarify that while political signs are exempt from permits and fees, the posting of political signs - as with all other signs on Town properties and Town road rights-of-way - remain a violation. Section 2. Amendment. Subsection (A) of Town Code §330-210 (Miscellaneous provisions) of Article XXII (Signs) is hereby amended by adding the underlined words as follows: §330-210 Miscellaneous Provisions. A. Rights-of-way. No sign, inclusive of Political signs, other than a sign erected by a governmental agency or permitted under § 330-205H shall be erected or placed within the right-of-way lines of a public street, and the Town may remove any such sign without notice to the owner. Section 3. Authority. The Town Board may adopt local laws providing for the regulation of signs pursuant to the New York State Constitution, Article 9, §2(B)(3); the Statute of Local Governments §10(6); Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12), and §10(1)(ii)(d)(3), as well as Article 16 of the New York State Town Law. Generated 8/29/2024 Page 2 Southampton Town Board - Letter Board Meeting of August 27, 2024 Section 4. Severability. If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section S. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE IT FURTHER RESOLVED, that the Town Clerk shall forward a copy of this proposed law to the Suffolk County Planning Commission and the Southampton Town Planning Board for their review and recommendations; and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING TAKE NOTICE, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on Tuesday, September 24, 2024, at 6:00 p.m., both in- person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against a local law entitled, "A LOCAL LAW amending Town Code §330-210 (Miscellaneous provisions) of Article XXII (Signs) as it relates to the placement of political signs"; and take FURTHER NOTICE, that, pursuant to Local Law No. 14 of 2022, the public will have an opportunity to see and hear the meeting live both in-person as well as via videoconferencing, and to provide comments in either format, with a transcript provided upon request. If participating via videoconferencing, the public can watch the live meeting online from either the Town of Southampton website on the Town Clerk's Meeting Portal, or through the Zoom App. If any interested members of the public would like to provide comments on the public hearing, comments can be called in during the meeting via telephone or the Zoom App. Comments can also be emailed up until one hour before the start of the meeting to the Town Clerk at: tow.irn_c;p_ .irk,os u.tlh .irnptontownin o gy. Please continue to check the Town Clerk's website and Meeting Portal as the hearing date approaches for any updated information, including the specific meeting Zoom link, and/or more detailed instructions on how to access the meeting virtually. Summary of Proposed Law The Town Board seeks to clarify that while political signs are exempt from permits and fees, the posting of political signs - as with all other signs on Town properties and Town road rights-of-way - remain a violation. Copies of the proposed law, sponsored by Councilwoman Cynthia McNamara, are on file in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. Generated 8/29/2024 Page 3 Southampton Town Board - Letter Board Meeting of August 27, 2024 BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None; see resolution text. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Cynthia McNamara, Councilwoman SECONDER: Michael A. Iasilli, Councilman AYES: Maria Z. Moore, Cynthia McNamara, Michael A. Iasilli, Bill Pell RECUSE: Tommy John Schiavoni Generated 8/29/2024 Page 4 4�as�rvr.y,r q>` 1640�ry i `r Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road _ Telephone: (631) 287-5740 Southampton, NY 11968 �'��G w � y,� Fax: (631) 283-5606 s�urueM�^O` August 29, 2024 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Responding to thi tter will.serve as an acknowledgement of receipt of the attached copies of resolutions a pt d by a uthampton Town Board. Please sign this letter and return it to the Town Jerk fi a tandard mail, by fax at 631-283-5606 or you may scan and email it ba 0 cl outham tontownn ov' Signature: Date: Please be advised that the own Board, at a meeting held on August 27, 2024 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2024-1045. Adopted as Amended [Unanimous] Notice of Public Hearing to Consider Amending Town Code §330-210 (Miscellaneous provisions) of Article XXII (Signs) as it relates to the Placement of Signs Sincerely Yours, S Sundy A Schermeyer Town Clerk Generated 8/29/2024 Page 1