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HomeMy WebLinkAboutRES-2011-520 & 532 - SthmptnSouthampton Town Board 116 Hampton Road Southampton, NY 11968 Sundy A. $chermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-5606 Hampton Says Annex: (631) 723-2712 April 27, 2011 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: 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(~southamotontownnv.clov. Signature: ~-~'.~.~_ --)~;.~.Date:-- Z/~c:~/[// Please be advised that the Town Board, at a meeting held on April 26, 2011 6:00 PM, reviewed the following resolution(s): Resolution RES-2011-520 Adopted [Unanimous] Resolution of Adopt/on Amending Southampton Town Code Section 330-79. 1 (Temporary Permit for Accessory Farmstand) of Chapter 330 to Revise the Applicability, Requirements, and Permitting Authority for the Temporary Permit for an Accessory Farmstand Resolution RES-2011-532 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code §330-245 (General Development Standards) of Article XXVZ (Planned Development District) to Address Evaluation Criteria Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated4/27/2011 Page i Southampton Town Board 116 Hampton Road Southampton, NY 11968 Sundy A. $chermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 April 27, 2011 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Please be advised that the Town Board, at a meeting held on April 26, 2011 6:00 PM, reviewed the following resolution(s): Resolution RES-2011-520 Adopted [Unanimous] Resolution of Adoption Amending Southampton Town Code Section 330-79.1 (Temporary Permit for Accessory ?armstand) of Chapter $$0 to Revise the Applicability, Requirements, and Permitting Authority for the Temporary Permit for an Accessory ?armstand CC: Nancy Graboski, Councilwoman Cheryl Kraft, Public Safety Adm Christopher Nuzzi, Councilman 3ohn Capone, Network Admin Kim Myers Kathleen Murray Lisa Dunlap Kim Ottati Sundy Schermeyer, Town Clerk Tara Leach, Assistant Barbara Meyer Michael Baldwin Sandra Cirincione Anna Throne-Hoist, Supervisor Tamara Wright, Comptroller Kathryn Scott Paul Rubano Karin 3ohnson 3ames Malone, Councilman Bridget Fleming, Councilwoman Russell Kratovill Tiffany Scarlato 3anice Wilson Kristen Tuffy 3efferson Murphree, Land Management Diane Neill, PR Planner Sandra L. Schroeder, Village Clerk Kimberly Shaw Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg 84 Fire Prevention Patricia Eddington, Brookhaven Town Clerk Becky Molinaro, Village Clerk - Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Assistant Generated 4/27/2011 Page i Southampton Town Board - Letter Board Meeting of April 26, 2011 Dennis Finnerty, Planning Board Chairman David Wilcox William H. Rogers, Deputy Commissioner of PELM Tullio Bertoli, Commissioner of PELM Robert Quinlan, Brookhaven Town Arty Gilbert Anderson, Deputy Commissioner Herb Phillips Lorraine David Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Honorable Frederick Overton, Town Clerk Janice Scherer Thomas Isles, Director Jacqueline Sherman-Smith, Principal Planner L.I. State Park Commission Laura J. Delessandro, Village Cerk Honorable Dorothy Ogar, Town Clerk Honorable Diane Wilhelm, Town Clerk Georgia Welch, Village Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner Robert Ross Michael Charrier, Chair, ARB Lin Marzano Catherine Shamoun Resolution RES-2011-532 Adopted [Unanimous] Notice of Pubfic Hearing to Consider Amending Town Code §$$0-245 (General Development Standards) of Article XXVI (Planned Development District) to Address Evaluation Criteria CC: Nancy Graboski, Councilwoman Christopher Nuzzi, Councilman John Capone, Network Admin Kim Myers Kathleen Murray Lisa Dunlap Kim Ottati Sundy Schermeyer, Town Clerk Tara Leach, Assistant Barbara Meyer Michael Baldwin Sandra Cirincione Anna Throne-Hoist, Supervisor Tamara Wright, Comptroller Kathryn Scott Paul Rubano Karin Johnson James Malone, Councilman Bridget Fleming, Councilwoman Russell Kratovill Tiffany Scarlato Sandra L. Schroeder, Village Clerk Kimberly Shaw Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg & Fire Prevention Patricia Eddington, Brookhaven Town Clerk Becky Molinaro, Village Clerk - Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Assistant Dennis Finnerty, Planning Board Chairman David Wilcox William H. Rogers, Deputy Commissioner of PELM Generated 4/27/2011 Page 2 Southampton Town Board - Letter Board Meeting of April 26, 2011 Tullio Bertoli, Commissioner of PELM Robert Quinlan, Brookhaven Town Atty Gilbert Anderson, Deputy Commissioner Herb Phillips Lorraine David Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Honorable Frederick Overton, Town Clerk Janice Scherer Thomas Tsles, Director Jacqueline Sherman-Smith, Principal Planner L.T. State Park Commission Laura J. Delessandro, Village Cerk Honorable Dorothy Ogar, Town Clerk Diane Neill, PR Planner Honorable Diane Wilhelm, Town Clerk Jefferson Murphree, Land Management Georgia Welch, Village Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner John Blaney, Vice Chairman Janice D'Angelo Freda Eisenberg John Zucca relli Richard Blowes Sincerely Yours, Sund¥ A. Schermeyer Town Clerk Generated 4/27/2011 Page 3 Southampton Town Board - Letter Board Meeting of April 26, 2011 RESOLUTION 2011-520 ADOPTED Item # 6.31 DOC ID: 13159 Resolution of Adoption Amending Southampton Town Code Section 330-79.1 (Temporary Permit for Accessory Farmstand) of Chapter 330 to Revise the Applicability, Requirements, and Permitting Authority for the Temporary Permit for an Accessory Farmstand WHEREAS, the Town Board is considering amending § 330-79.1 (Temporary permit for accessory farmstand) of Chapter 330 of the Southampton Town Code to Revise the Applicability, Requirements, and Permitting Authority for the Temporary Permit for an Accessory Farmstand; and WHEREAS, a public hearing was held on April 12, 2011, at which time all persons either for or against said amendment were heard; and WHEREAS, the Department of Land Management has advised the Town Board that this proposed local law is considered a "Type TT Action" under 6 NYCRR Part 617.5, provisions of the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 of the Town Code, and that no further review under New York Conservation Law, Article 8, is necessary; now therefore be it RESOLVED, that Local Law No. 11 of 2011 is hereby adopted as follows: LOCAL LAW NO. 11 OF 2011 A LOCAL LAW amending §330-79.1 (Temporary permit for accessory farmstand) of Chapter 330 of the Southampton Town Code to Revise the Applicability, Requirements, and Permitting Authority for the Temporary Permit for an Accessory Farmstand. BE TT ENACTED by the Town Board of the Town of Southampton as follows: SECTTON 1. Legislative Tntent. The Town Board of the Town of Southampton recognizes that agriculture remains an important part of the Town's economy. The Town Board is committed to the retention and expansion of various forms of agricultural production that contributes to the Town's economy and environment. The temporary permit for an accessory farmstand provides an important seasonal means for farmers to market locally grown agricultural products to customers and is essential not only to Southampton's economy, but also to the Town's unique rural and resort environment. These proposed amendments seek to strengthen the purpose and intent of the temporary farmstand regulation and ensure that legitimate agricultural production benefits from this law, while similarly seeking to protect the general public's safety and welfare. Furthermore, the purpose of this local law is to update the Town Code to allow the Chief Fire Marshal to regulate the issuance of temporary permits for accessory farmstands and to have the Public Safety Commission process appeals. This amendment more accurately reflects Generated 4/27/2011 Page 4 Southampton Town Board - Letter Board Meeting of April 26, 2011 the current procedures and practices within the Town. SECTION 2. Amendment. §330-79.1 is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-79.1. Temporary permit for accessory farmstand. Permit required. Tt shall be unlawful to sell at retail crops and other farm-related products at an accessory farmstand, unless the farmer-operator shall apply for and receive a permit from the,n"~"~u~,,~ ~,~.yc~*"...,,,,,,,..,~.v,^am~"~*'~*~' Chief Fire Marshal. Said permit shall allow the farmer-operator to erect, maintain, use or operate, on a temporary basis, a farmstand as an accessory use, as set forth in this section. Said temporary permit shall be known as a "farmstand permit." No permit shall be required for the person who intends to sell crops he or she grows in the Town of Southampton at a single roadside stand with a display area less than 30 forty (40) square feet in area. The application for said permit shall be in a form prepared by the,n"k"~u~,,~ ~,~-yc~*" .qd,m!,~!strctor Chief Fire Marshal and shall include at least the following items of information: (1) The name(s) and address(es) of the property owner, the farmer-applicant (if other than the owner) and of any professional engaged to work on the application. (2) Where the farmer-applicant is not the owner of the property where the farmstand is located, written authorization with a notarized signature from the owner for the submission of the application. (3) The location of the property upon which the farmstand is to be situated and the location of the lands in agricultural production associated with this application. (4) The Suffolk County Tax Map number(s) shall be provided for all parcels involved in the application. (5) A written statement describing and listing all crops grown by the farmer- applicant which will be eligible for sale at the farmstand. Said list may be based upon the crops listed in the New York State Guide to Farm Fresh Foods, published by the New York State Department of Agriculture and Markets. The ,n"~"~,,~ ~,~-~c~*"..~,,,,,,,~.,~.v,^~m~*~*~ Chief Fire Marshal may also accept, as additional proof, the farmer's seed order list for the current growing season. (6) A written statement describing and listing all supporting products which are intended for sale at the farmstand. (7) An informal site plan, sketch or survey map of the roadside stand parcel, depicting the location and setbacks of all buildings, structures, displays, signs, off-street parking areas, driveways and other significant natural or man-made features within 100 feet of the farmstand. Generated 4/27/2011 Page 5 Southampton Town Board - Letter Board Meeting of April 26, 2011 (8) A sworn notarized statement signed by the farmer-applicant agreeing to abide by the provisions of this section and all other applicable statutes, ordinances and regulations governing the sale of crops and other farm products, and that the farmer-applicant agrees to remove all temporary buildings, structures and/or signs erected pursuant to this temporary farmstand permit within ¢~ 30 days of the closing of the farmstand. There shall be a filing fee for each application for a temporary farmstand permit in an amount to be established, and changed as needed, by resolution of the Southampton Town Board. Tn addition to the requirements of this section, any other standards, codes, rules or regulations which may be applicable to the erection, maintenance, use or operation of a temporary farmstand shall apply, including location in an appropriate zoning district as regulated by §§330-10, 330-33 and 330-37 (Tables of Use Regulations)7 F,,~.~ ~ .... ~,,~ ....... ~v,,,~,,~"~ ,A..~..,.,,. All temporary farmstands accessing County Roads shall receive a Suffolk County Highway Work Permit prior to issuance of a temporary farmstand permit. F. Special standards. (1) Temporary farmstand permit. The.n"~'"~u...~ ~..~.yc~*" ...............v.^'~m~"~*'~*~' Chief Fire Marshal may issue a permit for the retail sale of crops and other farm-related products at an accessory farmstand for a maximum period of nine successive months in any twelve-month period. The permit issued by the.n"~'"~u...~ ~-.~-y Adm!n!str~tor Chief Fire Marshal shall state the expiration date of such temporary permit. (2) Accessory use. The temporary farmstand shall be accessory to the principal use of growing crops by the farmer-applicant on,~,,.~1~'1~ ,v~.~.IA~'A~'I ,,, ~.e~''*"~m"*~".,,.,,,V.~,,. The area devoted to the principal use of growing crops by the farmer-applicant shall be no less than 10 acres located in the Town of Southampton. The farmer-applicant may grow his or her products on a number of smaller parcels located in the Towq, provided that the total number of acres where products are grown is no less than 10 acres and that all the parcels are part of a single agricultural operation under the control of the farmer-applicant. (a) For purposes of this section, crops shall include field crops, fruits, vegetables, herbs and cut flowers. (b) Notwithstanding the aforementioned restrictions, the farmer-applicant may sell supporting farm products and farm products not grown o_r produced by the farmer-applicant, provided that the total area of the temporary farmstand devoted to the sale of said products does not exceed 240 square feet, and further provided that the area devoted to the sale of said products ~t .qo t!me exceeds shall not exceed 20% of the combined area of said products and the area devoted to the sale of products grown by the farmer. Supporting farm products include baked goods, eggs, cheese and milk, preserves, syrup, salad dressing and, honey, juice, bottled water, foods processed locally from crops Generated 4/27/2011 Page 6 Southampton Town Board - Letter Board Meeting of April 26, 2011 grown locally, apparel or similar items that promote the specific farmstand, and crops sold in addition to those grown by the farmer- applicant which are grown by a person or entity that is also engaged in bona fide agricultural production within the Town. Supporting farm products shall not include prepackaged grocery items,v..~*~'~-.~. ~..'~'-"y ...... ~ .... '~ .... ~-~ ~'~ ....... ~-~ the sale of which is expressly prohibited at a temporary farmstand. (c) The sale of roasted corn may be permitted subject to compliance with all applicable regulations and Codes, including but not limited to Town Code Chapter 164. (3) The portion of the farm on which the temporary farmstand use is located shall be no less than three acres. Exceptions are as provided for below: (a) The farmstand is located in an agricultural accessory structure lawfully existing at the time of application. (b) The farmer-applicant's property has been subdivided prior to application, but such property is contiguous with a portion of the farm that is not less than three acres. (-5)(4) . . All temporary farmstand buildings, structures and displays shall be set back no less than 30 feet from the edge of pavement. Tn no case shall any part of the temporary farmstand buildings, structures and displays encroach on the public right-of-way. (~)(5) An area shall be provided for the informal parking of at least five vehicles off the public right-of-way. ~7-)( 6 ) . . Nothing herein shall preclude the temporary use of a legally existing agricultural accessory building on a farm for the retail sale of crops and other farm-related products, provided that said building is set back no less than 30 feet from the edge of pavement. A temporary farmstand shall only be permitted in a preexisting agricultural accessory structure that has been issued a certificate of occupancy or a certificate of compliance for an agricultural-related use~.~-'^-.v. *^.~ J~..u~.~ ........ y 1,~vw,~'~'~ or a certificate of occupancy for said use by virtue of preexisting status. . . A vehicle not exceeding 6,000 pounds' net weight or a typical farm wagon may be considered a permitted farmstand for the purpose of this permit. Either part of a vehicle customarily known as an "over-the-road tractor- trailer" shall not be permitted. . . A temporary farmstand may have a total of two temporary ground identification signs for the term of the temporary permit for said farmstand, provided that: Generated 4/27/2011 Page 7 Southampton Town Board - Letter Board Meeting of April 26, 2011 (a) Such signs shall not create a hazard to traffic. (a)(b~ Each of the temporary ground identification signs shall not exceed 12 square feet in area and shall not be illuminated. (b)(c~ Such signs may be single- or double-faced. (c)(d) Such signs shall not exceed six feet in height measured from the ground level. (d)(e~ Such signs shall be located on the farm property not more than 150 feet from the intersection point of the front property line and a line perpendicular thereto to said farmstand. Tn no case shall any signs be located off-premises. (f) Such signs shall be removed when the farmstand closes for the season. (!9),~9~Since a farmstand, as permitted under this section, is an accessory use to the principal use of the agricultural production on certain lands, such a farmstand shall only be for the use of the farmer-applicant and his immediate family. Tn the event that such farmstand is used by any other person, company, corporation or business or commercial entity, whether it is rented, leased or the right of use transferred in any other way from the farmer-applicant to any other person, company, corporation or business or commercial entity, such a use shall not be deemed an accessory use and shall be deemed a violation of this chapter. (11)(10) The farmer-applicant agrees, in writing, to abide by the provisions of this section and to remove all temporary buildings, structures and signs erected under the temporary farmstand permit within ¢~ 30 days of the closing of the farmstand. Tf the farmer-applicant fails to abide by any provisions of this section or fails to remove said temporary farmstand and temporary ground identification signs after the expiration of the temporary permit, it shall be deemed a violation of this chapter, and the provisions of § 330-186 shall apply. (12)(11) A farmer-operator may apply for the renewal of a temporary farmstand permit issued during the prior nine-month period. The application for renewal will be in a form established by the,n"~"~u~,,~ ~,~.yc~*" .^am~"~*'~*~'..,,,,,,,..,~.~, Chief Fire Marshal. The renewal will only be granted following a determination by the ,n"~"~u~,,~ ~,~.yc~*" ...,,,,,,,..,~.~,^am~"~*'~*~' Chief Fire Marshal that the farmer-applicant has operated the temporary farmstand during the prior nine-month period in compliance with Subsection F, Special standards, and all other standards, codes, rules and regulations applicable to a temporary farmstand. The Chief Fire Marshal may deny any application for or revoke any temporary farmstand permit if the farmer-operator fails to comply with any requirement of this section. Written notice of such denial or rescission, and the reasons for such Generated 4/27/2011 Page 8 Southampton Town Board - Letter Board Meeting of April 26, 2011 determination, shall be mailed by the Chief Fire Marshal, by certified mail, return receipt requested, to the applicant at the address provided in the application. Tf the Chief Fire Marshal denies any application for or revokes any temporary farmstand permit, the applicant may appeal to the Public Safety Commission, upon payment of the applicable fee. All requests for an appeal shall be made in writing and shall be filed with the Town Clerk within 10 days from the date of receipt of the written denial or rescission notification. The Public Safety Commission shall refer the appeal to the Town Agricultural Advisory Committee for evaluation and recommendation. The Agricultural Advisory Committee shall submit an advisory report to the Public Safety Commission. Tn determining the appeal, the Public Safety Commission shall consider all available information, including said advisory report. After a duly noticed public hearing, the Public Safety Commission may grant or deny said temporary farmstand permit by resolution with findings, and shall notify the applicant of its determination by certified mail, return receipt requested, to the address provided in the application. The decision of the Public Safety Commission shall be final and shall constitute the exhaustion of the applicant's administrative remedy. SECTION 3. Authority. The proposed local law is enacted pursuant to Municipal Home Rule Law §10(1)(ii)(a)(i), and in accordance with the provisions of NYS Agriculture and Markets Law §305-a. SECTION 4. Severability. Tf any section or subsection, paragraph, clause, phrase, or provision of this law shall be judged 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 5. Effective Date. This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE TT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Adoption: NOTICE OF ADOPTION TAKE NOTTCE that, after a public hearing was held by the Town Board of the Town of Southampton on April 12, 2011, the Town Board, at their meeting of April 26, 2011, adopted LOCAL LAW NO. 11 OF 2011, as follows: "A LOCAL LAW amending §330-79.1 (Temporary permit for accessory farmstand) of Chapter 330 of the Southampton Town Code to Revise the Applicability, Requirements, and Permitting Authority for the Temporary Permit for an Accessory Farmstand." Copies of the proposed law, sponsored by Councilwoman Nancy Graboski, are on file in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. Generated 4/27/2011 Page 9 Southampton Town Board - Letter Board Meeting of April 26, 2011 BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Fiscal Tmpact: None RESULT: ADOPTED [UNANTMOUS] MOVER: Nancy Graboski, Councilwoman SECONDER: Bridget Fleming, Councilwoman AYES: Throne-Hoist, Malone, Graboski, Fleming, Nuzzi Generated 4/27/2011 Page 10 Southampton Town Board - Letter Board Meeting of April 26, 2011 RESOLUTION 2011-532 ADOPTED Item # 6.44 DOC ID: 13190 Notice of Public Hearing to Consider Amending Town Code {}330-245 (General Development Standards) of Article XXVI (Planned Development District) to Address Evaluation Criteria RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on May 24, 2011, at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: "A LOCAL LAW amending Town Code §330-245 (General Development Standards) of Article XXVT (Planned Development District) to address evaluation criteria," which provides as follows: LOCAL LAW NO. OF 2011 A LOCAL LAW amending Town Code §330-245 (General Development Standards) of Article XXV[ (Planned Development District) to address evaluation criteria. BE [T ENACTED by the Town Board of the Town of Southampton as follows: SECTTON 1. Legislative Tntent. Currently, the Town Board of the Town of Southampton is revising its local regulations as they relate to Planned Development Districts, or "PDD's" proposed within the Town. When addressing PDD's, or incentive zoning provisions, as authorized under Town Law §261-b, the Town Board may advance the Town's specific physical, social and/or cultural policies, in accordance with the Town's Comprehensive Plan and other community planning mechanisms and land use techniques, for zoning incentives, such as "community benefits." The purpose of this local law is to further address and more aptly articulate what makes a specific community benefit appropriate for the Town Board's consideration. SECTTON 2. Amendment. Southampton Town Code §330-245 (General Development Standards) of Article XXV[ (Planned Development District) is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-245. Evaluation criteria and Ggeneral development standards. No earth work, land clearing, construction or development shall take place on any property in a PDD except in accordance with the subdivision or site plan approved by the Planning Board in accordance with this article and the procedures and standards for site plan approval set forth in this chapter. Tn cases in which a proposed project also involves the subdivision of land, no development may proceed until the Planning Board has granted final subdivision approval in accordance with the standards and procedures of Chapter 292 of this Generated 4/27/2011 Page 11 Southampton Town Board - Letter Board Meeting of April 26, 2011 Code. Approval of a site plan for any of the uses listed in this article shall be conditioned upon sanitary waste discharge levels which are found to be acceptable by the Suffolk County Department of Health Services. Unless restricted otherwise herein, minimum yard setbacks, allowable lot coverage, maximum height or other dimensional requirements for any of the structures devoted to uses listed in this article shall be set by the Planning Board and delineated on the approved plan rather than determined by any other provisions in this Code, but shall in no event be less restrictive than those dimensions set forth on the preliminary site plan submitted in accordance with §330-244 and upon which the Town Board placed reliance in approving the PDD amendment. The Town Board and Planning Board shall consider the dimensional requirements of the underlying zone as the initial basis for the development design. On-site parking and access requirements shall be determined by the Planning Board based upon the off-street parking schedule in this chapter and reasonable planning standards. Parking and access requirements shall not be less than those shown on the preliminary site plan unless the Town Board shall, by resolution, consent to any such reduction. The Town Board and Planning Board shall consider the requirements of the underlying zone as the initial basis for the development design. No planned development district shall be located within the Central Pine Barrens core preservation area as defined in §330-217 of this chapter. [Amended 12-21-2001 by L.L. No. 54-2001] No planned development district shall be located within the Central Pine Barrens compatible growth area as defined in §330-217 of this chapter or within a critical resource area as defined in §4.5.4.1 of the Central Pine Barrens Comprehensive Land Use Plan, unless the proposed development adheres to the Commission's review pursuant to §4.5.4 of the Central Pine Barrens Comprehensive Land Use Plan, provided that the PDD ensures enhanced protection of the critical resource feature for which the CRA is designated and if the PDD is located within the Aquifer Protection Overlay District, also complies with the minimum clearing restrictions set forth in §330-67 and, if applicable, open space requirements of §247-8. [Amended 12-21-2001 by L.L. No. 54-2001] A planned development district may be authorized where the Town Board finds that the development will be beneficial, compatible and harmonious with the surrounding land uses and not have a significant adverse impact upon the environment. The siting of a planned development district shall also be consistent with the recommendations of the Comprehensive Plan. [Added 12-21-2001 by L.L. No. 54- 2001] Community Benefit. For each PDD approved, the Town Board shall establish a required community benefit(s) specific to the project. The required benefit(s) shall be detailed in the resulting PDD legislation. Tn determining the community benefit requirement for a proposed PDD, the Town Board shall consider: The benefit to the applicant of the proposed zone changes, above an as-of- right project on the subject property; Generated 4/27/2011 Page 12 Southampton Town Board - Letter Board Meeting of April 26, 2011 The value to the Town and hamlet of achieving the proposed development or redevelopment project in the project location, including, but not limited to, whether the project (i) advances the goals of the Town's Comprehensive Plan and other adopted plans relevant to the project location, (ii) eliminates a nonconforming use, (iii) meets an established community need, (iv) involves site rehabilitation or reclamation, (v) will set a model for future area development or redevelopment, or (vi) stimulates desired economic development activity; Community impacts anticipated as a result of the PDD that cannot be mitigated through project design and traffic system improvements. Such impacts include, but are not limited to, long term costs of community services and development inducing impacts; The cost to the applicant of providing the community benefit, with such costs verified by independent fair appraisals, professionally prepared estimates and/or other relevant documentation as may be appropriate to the specific benefit(s) under consideration; Whether the project is in a school district with unredeemed Pine Barren Credits. Tf so, priority shall be given to PBC redemption as all or part of the required community benefit; Whether applicant proposes project features that would otherwise be required of development on the subject property through the site plan, subdivision, architectural, SEORA, or other regulatory review process. Said features shall not qualify as community benefits. Whether affordable housing is an appropriate public benefit, that is, when there is a demonstrated need in the hamlet where the project would be located for the type of affordable units proposed. [al Tn making said determination, consideration shall be given to the need for affordable housing in the particular hamlet, the appropriateness of the proposed site, the environmental suitability of the site, and the protection of community character; [bl Tn making said determination, the density incentive should not result in an adverse impact on the affected school district or other special assessment district. A list of desired hamlet-specific community benefits, maintained by the Department of Land Management, and prepared in accordance with (i) community input, and (ii) hamlet-specific priorities identified in the Comprehensive Plan and/or other related studies. Said list shall not be exclusive. [a] Where there are several alternative benefits being considered, the Town Board shall consider the feasibility and timing of the implementation of each, with priority being given to benefits that may be more readily achieved. Generated 4/27/2011 Page 13 Southampton Town Board - Letter Board Meeting of April 26, 2011 SECTTON 3. Authority. The Town Board may amend Town Code §330-245 pursuant to Town Law §§261-b, 264, and 265, as well as Municipal Home Rule Law §10(1)(ii)(d)(3). SECTTON 4. Severability. Tf any section or subsection, paragraph, clause, phrase, or provision of this law shall be judged 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. SECTTON 5. Effective Date. This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE TT FURTHER RESOLVED, that the Town Clerk is hereby directed to forward a copy of the proposed law to the Southampton Town Planning Board as well as the Suffolk County Planning Commission for their review and recommendations; and be it further RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Public Hearing: NOTTCE OF PUBLTC HEARTNG RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on May 24, 2011, at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: "A LOCAL LAW amending Town Code 2330-245 (General Development Standards) of Article XXV[ (Planned Development District) to address evaluation criteria." Summary of Proposed Law The purpose of this local law is to further address and more aptly articulate what makes a specific community benefit appropriate for the Town Board's consideration. Copies of the proposed law, sponsored by Supervisor Anna Throne-Hoist, 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 Fiscal [mpact: None. RESULT: MOVER: ADOPTED [UNANINOU$] Anna Throne-Hoist, Supervisor Generated 4/27/2011 Page 14 Southampton Town Board - Letter Board Meeting of April 26, 2011 SECONDER: Nancy Graboski, Councilwoman AYES: Throne-Hoist, Malone, Graboski, Fleming, Nuzzi Generated 4/27/2011 Page 15