The URL can be used to link to this page

Home My WebLink AboutSH RES 567 & 576Southampton 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 May 12, 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@southamptontownn¥.qo¥. Signature: Date: Please be advised that the Town Board, at a meeting held on May 10, 2011 1:00 PM, reviewed the following resolution(s): Resolution RES-2011-567 Adopted [Unanimous] Resolution of Adoption Amending Town Code §$$0-244 (Applications; Review Procedure) to Revise the Requirements for the Submission of a PDD Application Resolution RES-2011-576 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Southampton Town Code §330-79 (Agriculture, Gardening and Animal Husbandry) and §330-162.1 (Horse Farms) to Address Plaintenance, Acreage and Setbacks for Animal Shelters, Indoor Riding Tracks, Indoor Exercise Rings or Horse Stabling Facilities in Afl Zoning Districts Sincerely Yours, Sund¥ ^. Schermeyer Town Clerk Generated 5/12/2011 Page 1 Southampton Town Board 116 Hampton Road Southampton, NY 11968 Sundy A. $chermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 May 12, 2011 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Please be advised that the Town Board, at a meeting held on May 10, 2011 1:00 PM, reviewed the following resolution(s): Resolution RES-2011-567 Adopted [Unanimous] Resolution of Adoption Amending Town Code §$$0-244 (Applications; Review Procedure) to Revise the Requirements for the Submission of a PDD Application CC: Nancy Graboski, Councilwoman Michael Baldwin Christopher Nuzzi, Councilman 3ohn Capone, Network Admin Kim Myers Kathleen Murray Lisa Dunlap Kim Ottati Sundy Schermeyer, Town Clerk Tara Leach, Assistant Barbara Meyer 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 3efferson Murphree, Land Management 3anice Wilson Diane Neill, PR Planner Kristen Tuffy Dennis Finnerty, Planning Board Chairman Lorraine David David Wilcox 3acqueline Sherman-Smith, Principal Planner Freda Eisenberg Donald Louchheim, Mayor Rosemarie Caw Winchell, Village Clerk Tim Laube, Clerk Herb Phillips 3anice Scherer Michael Benincasa, Chief Building Inspector Generated 5/12/2011 Page i Southampton Town Board - Letter Board Meeting of May 10, 2011 Sandra L. Schroeder, Village Clerk Kimberly Shaw Brenda Prusinowski, Deput:y Comm. of PELM Lori Riccardi, ZBA Head Clerk Mart:in Haley, Comm. of Bldg & Fire Prevent:ion Pat:ricia Eddingt:on, Brookhaven Town Clerk Becky Molinaro, Village Clerk - Treasurer Clare Vail, Assistant: William H. Rogers, Deput:y Commissioner of PELM Tullio Bert:oli, Commissioner of PELM Robert: Quinlan, Brookhaven Town At:t:y Gilbert: Anderson, Deput:y Commissioner St:ephen Funsch, Village Clerk/Treasurer Honorable Frederick Overt:on, Town Clerk Thomas Tsles, Direct:or L.T. St:at:e Park Commission Laura 3. Delessandro, Village Cerk Honorable Dorot:hy Ogar, Town Clerk Honorable Diane Wilhelm, Town Clerk Georgia Welch, Village Clerk Andrew Freleng, Chief Planner Resolution RES-2011-576 Adopted [Unanimous] Notice of Pubfic Hearing to Consider Amending Southampton Town Code §330-79 (Agriculture, Gardening and Animal Husbandry) and §330-162.1 (Horse Farms) to Address Maintenance, Acreage and Setbacks for Animal Shelters, Indoor Riding Tracks, Indoor Exercise Rings or Horse Stabfing Facilities in Afl Zoning Districts CC: Nancy Graboski, Councilwoman Michael Baldwin Christ:opher Nuzzi, Councilman 3ohn Capone, Net:work Admin Kim Myers Kat:hleen Murray Lisa Dunlap Kim Ottati Sundy Schermeyer, Town Clerk Tara Leach, Assistant Barbara Meyer 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 3efferson Murphree, Land Management Diane Neill, PR Planner Dennis Finnerty, Planning Board Chairman 3ohn Zucca relli Lorraine David David Wilcox 3anice D'Angelo 3acqueline Sherman-Smith, Principal Planner Freda Eisenberg 3ohn Blaney, Vice Chairman 3ohn V. H. Halsey, President Donald Louchheim, Mayor Rosemarie Cary Winchell, Village Clerk Lisa Goree Generated 5/12/2011 Page 2 Southampton Town Board - Letter Board Meeting of May 10, 2011 Tim Laube, Clerk Herb Phillips 3anice Scherer Michael Benincasa, Chief Building Inspector Sandra L. Schroeder, Village Clerk Kimberly Shaw Brenda Prusinowski, Deputy Comm. of PELIV] Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg & Fire Prevention Patricia Eddington, Brookhaven Town Clerk Becky IV]olinaro, Village Clerk - Treasurer Clare Vail, Assistant William H. Rogers, Deputy Commissioner of PELIV] Tullio Bertoli, Commissioner of PELIV] Robert: Quinlan, Brookhaven Town Arty Gilbert Anderson, Deputy Commissioner Stephen Funsch, Village Clerk/Treasurer Honorable Frederick Overt:on, Town Clerk Thomas Isles, Director L.I. State Park Commission Laura 3. Delessandro, Village Cerk Honorable Dorothy Ogar, Town Clerk Honorable Diane Wilhelm, Town Clerk Georgia Welch, Village Clerk Andrew Freleng, Chief Planner Ceil Carpenter, Adm. Assistant Kenneth Tillotsen Michael Wesnofske, Agricultural Advisory Committee Dennis Finnerty, Chairman Nancy Graboski, Councilwoman Arthur Ludlow William White Lawrence Halsey 3aegger Topping 3ohn Halsey Anthony Piazza Katherine Kazanas 3ames Pike Henry Kraszewski Adam Halsey Lee Foster Thomas Conklin Roman Roth Donald Bambrick Sincerely Yours, Sund¥ ^. Schermeyer Town Clerk Generated 5/12/2011 Page 3 Southampton Town Board - Letter Board Meeting of May 10, 2011 RESOLUTION 2011-567 ADOPTED Item # 6.34 DOC ID: 13238 Resolution of Adoption Amending Town Code §330-244 (Applications; Review Procedure) to Revise the Requirements for the Submission of a PDD Application WHEREAS, the Town Board of the Town of Southampton is considering amending Town Code {}330-244 (Applications; Review Procedure) to revise the requirements for the submission of a PDD application; and WHEREAS, public hearings were held on January 18, January 25, February 15, March 8, March 22, April 26, and May 10, 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 [[ 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. 14 of 2011 is hereby adopted as follows: LOCAL LAW NO. 14 OF 2011 A LOCAL LAW amending Southampton Town Code {}330-244 (Applications; Review Procedure) to revise the requirements for the submission of a PDD application. BE [T ENACTED by the Town Board of the Town of Southampton as follows: SECTTON 1. Legislative Tntent. Tn 1995, the Town Board of the Town of Southampton adopted what is now known and recognized as the Planned Development District, or "PDD," law. Since its adoption, more than thirty PDDs have been proposed. Of those thirty, twenty-one projects were approved, Generated 5/12/2011 Page 4 Southampton Town Board - Letter Board Meeting of May 10, 2011 and one was rejected. This history has provided ample opportunity to test the current legislation, both on the merits of its procedural requirements, as well as on its ability to produce projects that are consistent with the law's original intent. ]t is the consensus of the Town Board that the current law needs to be amended in order to strike that important balance between the need for community input when evaluating project proposals, with the concern for protecting both applicants, as well as Town staff, from expending unnecessary time and resources on a PDD application. The Board's view is supported by communications from individual residents, community groups, environmental advocates, and local developers suggesting that the currently prescribed process for PDD application and evaluation, be improved. Tn recognition of these concerns, and the need to ensure the usefulness of a powerful land use tool to achieve its intended results, these amendments strive to set forth an application process, and corresponding timeline, that ensures the public has ample and early opportunity to participate in proposal review, while providing greater predictability and accountability for the applicant, constituents, Town staff, and the Town Board alike. To that end, the amendments strive to effectively guide prospective applicants in understanding the Town's expectations of a PDD application. After completing the process outlined herein, an applicant should have a thorough understanding of a hamlet's specific needs and priorities, what type of development might constitute a good "fit" for the area, and what an appropriate and commensurate "public benefit" would be - should the concept be well received. While these amendments institute a pre-application public hearing process, this change does not preclude prospective PDD applicants from meeting informally with members of the Town Board, planning staff, or community groups, or from requesting the opportunity to address the Town Board about a project idea at a public work session. Tn fact, the intent of the legislation is to strongly recommend such interactions. As it relates to the intended purpose and specific requirements of the pre-application process instituted herein, the Town Board's goal is to (i) provide a forum in which a PDD concept may be evaluated at an early stage, in order to determine whether it warrants further development in a formal application, and the corresponding investment of resources by both the Town and an applicant, (ii) allow for substantive Town Board and public input into a potential PDD project before a formal PDD application is made, and (iii) elicit sufficient information to evaluate the extent to which there is merit to the proposed project. Tn evaluating the proposed merit of the project, the Board will consider whether the project (i) advances community planning goals, (ii) is compatible with surrounding land use and community character, and (iii) commits to offset any density increase and/or land use change with a community benefit that is a priority of the Town, and the hamlet in which the project would be located, and which is commensurate with the benefit to the applicant. Generated 5/12/2011 Page 5 Southampton Town Board - Letter Board Meeting of May 10, 2011 Finally, the Board hopes to see the new process proposed herein promote an efficient, cost- effective, and productive application review by (i) detailing key issues of community concern in regard to PDD projects that should be assessed at the initial stages of consideration, (ii) providing applicants with guidance to ensure quality applications that address those key issues of concern, (iii) establishing timeframes for milestones in the review process, including a time limit for concluding the public hearing and issuing a Town Board report or resolution, (iv) expanding public notice requirements to ensure relevant public input, (v) improving communications with the applicant by providing copies of all staff reports to the Town Board, (vi) utilizing technology to increase the availability of public information and thus minimizing applicant costs, and (vi) providing for annual Town Board review of PDD activity to assess the impact of this legislation, thereby triggering updates as may be needed. SECTION 2. Amendment. Southampton Town Code §330-244 (Applications; Review Procedure) is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-244. Applications; review procedure. A. General Provisions. A Preapplication Hearing shall be required for all PDD applications, except as provided for in Section 330-244 E herein as it pertains to Agricultural PDD applications. A Preapplication Hearing shall be required for all Town-initiated PDD applications. A Preapplication Hearing is encouraged, but not required, for PDD projects in which a public work session was held under the requirements of Local Law No. 15 of 2008, or for applications in which a declaration of Lead Agency was made pursuant to SEORA. Formal applications for PDD projects must include all the information required herein for both a Preapplication and Formal application. Generated 5/12/2011 Page 6 Southampton Town Board - Letter Board Meeting of May 10, 2011 Fees. The process for both a Preapplication and a Formal application shall begin with payment of the required fee to the Department of Land Management. A fee schedule shall be established, and amended as needed, by resolution of the Southampton Town Board. A copy of said fee schedule shall be available on the Town's website and from the Department of Land Management. Tn addition to the above fee schedule, the Town Board may require an applicant to pay an amount, to be held in escrow and ultimately dispersed, to pay the costs incurred by the Town for all consulting services it may reasonably seek to engage, including, but not limited to: archaeological, engineering, planning, legal, appraisal, mailing and/or clerical costs incurred in the processing and review of the proposed PDD. Such amount deemed necessary for escrow shall be reasonably related to costs attendant to the Town's review, and such amount shall be computed by the Town Board in consultation with the applicant. Further, if such escrow payment is deemed necessary, this fee shall be in addition to and exclusive of any fee(s) properly assessed to the applicant in connection with the SEORA process, and shall also be submitted to the Department of Land Management. A~.B. n,,~. ......, .....;~. Preapplication. (1) The Town Board shall hold a public hearing on a Preapplication. The Preapplication hearing shall provide an opportunity for the public to submit comments and provide the applicant the benefit of both the Town Board's, as well as the public's input, as to form, layout, development constraints, zoning, environmental impacts, community benefits, and other issues before making a formal application, n.~^. ,^ ,~ .... ~m~^~ of ~ ~ .... ~ hr, r, ~ ..... ~ .... (2) ~ ................................... ~ ............. A prea cation for a PDD shall include the following: (a) The name and address of the owner of record. Generated 5/12/2011 Page 7 Southampton Town Board - Letter Board Meeting of May 10, 2011 (b) The location and owners of all adjoining lands, as shown on the latest tax records. (c) The proposed concept plan, at a minimum scale of one inch equals 40 feet, to be prepared by a~-Iicensed architect, landscape architect, civil engineer or surveyor, to include the date prepared; North arrow; written and graphic scale; and the name and address of the person, firm or organization preparing the concept plan, sealed with the applicable New York State license seal and signature. (d) A complete o.dtl!nc listing of existing easements, deed restrictions or covenants applying to the property. Said easements, deed restrictions, and covenants shall be shown on the aforementioned concept plan. (e) (e) A description of the land use(s), density and scale of the project proposed, addressing how it is compatible with the surrounding land use and community character. Said description shall include: [11 The nature of the proposed PDD, comparing the existing and permitted land use(s), density, and dimensional regulations governing the site with those proposed for the PDD; [21 How the project fulfills, or is consistent with, community goals for land use and development, environmental protection, environmental and fiscal sustainability, and transportation; [31 How the project is consistent with, or will improve upon, the community character of the neighborhood surrounding the site of the proposed project; Generated 5/12/2011 Page 8 Southampton Town Board - Letter Board Meeting of May 10, 2011 [41 How the project may affect, be affected by, or otherwise relate to or interact with any anticipated changes to the surrounding area, such as the development of vacant or underutilized properties, other potential zone changes, or pending development or public works projects; Whether the subject property is located in a school district that contains Central Pine Barrens Core Preservation Land and, if so, the number of remaining (i.e. unredeemed) Central Pine Barrens credits in the district, whether such unredeemed credits have been registered for sale with the Pine Barrens Credit Clearinghouse, or not; [6] Compatibility with adjoining land uses; As part of the application, the applicant shall be required to provide to the Town Board the name and address of the applicable Fire Department, ambulance/emergency medical services, agency, and other municipal agencies or districts with jurisdiction over the subject property and the school district in which the proposed project lies. An aerial map of the project site, showing the surrounding neighborhood for 1/2 mile and existing zoning both of the project site and the surrounding neighborhood. (g) A comparison of the allowable land uses and development yield under the existing zoning and under the proposed PDD. As-of-right yield calculations shall be adjusted to account for development rights and sanitary capacity which may accrue to the lot due to preexisting nonconforming uses. [21 As-of-right yield calculations shall be adjusted to account for easements, covenants, or other development restrictions that may exist on the subject property. Generated 5/12/2011 Page 9 Southampton Town Board - Letter Board Meeting of May 10, 2011 [31 For residential uses, information shall be provided on dwelling type, size, and number of bedrooms. For nonresidential uses, information shall be provided on the type of use, the size, and the number of required and proposed parking spaces. [41 When applicable, a description of the difference between the maximum as-of-right development yield under existing zoning, and that of the proposed project. (h) A description of the potential community benefit(s) to be provided. Said description shall: [11 Demonstrate that the proposed benefit(s) address planning goals of the Town of Southampton and the hamlet in which the project would be located. [21 ]dentify and align proposed community benefit(s) with the benefit to the applicant of the requested PDD. Such discussion may be generic. Commit to offset the requested density increased, where applicable, with a community benefit or benefits that are a documented priority of the hamlet in which the project would be located. [41 For projects in school districts containing unredeemed Pine Barren Certificates, address whether and how the community benefit will utilize Pine Barren Credits to offset, in whole or in part, any requested density increase. For projects where the community benefit may include the preservation of open space not in the Pine Barrens Core Preservation Area, the likely method of preservation to be proposed in the application, such as the transfer or purchase of development rights, direct land acquisition, or cash-in-lieu. Generated 5/12/2011 Page 10 Southampton Town Board - Letter Board Meeting of May 10, 2011 A completed Public Notification form containing the information required for use in the Public Notification process, including the resolution to set the Preapplication Hearing, the newspaper advertisement, and the Town website posting. Said Notification form shall be available from, and maintained by, the Department of Land Management. Preapplication preliminary report. At least 14 days prior to the preapplication public hearinq, the Department of Land Management shall deliver to the Town Board, with a copy to the Applicant, a preliminary report that summarizes the proposal in sufficient detail. Such report shall be available to the public and shall be included in the documents available for public review and agency referrals pursuant to the provisions of ~330-244(F) and (H). Preapplication Summary Report. Within 60 days of the close of the public hearing on the preapplication, the Department of Land Management shall issue a summary report to the Town Board and the applicant which: (a) Provides a generic assessment of the potential benefits and impacts of the proposed PDD; (b) Tdentifies aspects of the project that require further detail to enable assessment; (c) Notes potentially adverse impacts that require analysis should the project move forward; Generated 5/12/2011 Page 11 Southampton Town Board - Letter Board Meeting of May 10, 2011 (d) Recommends project modifications, if applicable; (e) Comments on the nature and adequacy of the proposed community benefit(s); Comments on how the proposal is or is not suited to the character of the community; (g) Summarizes public input and advisory reports; and (h) Notes any other relevant comment related to the proposed project, including the comments of the Town Board. After the issuance of the preapplication summary report by the Department of Land Management, the Town Board shall elect whether to consider the application. (a) The decision of the Town Board to consider, or not to consider, a formal application for the proposed PDD in accordance with 2330- 244(C), shall be made by resolution within 30 days of the issuance of the preapplication summary report by the Department of Land Management. Said resolution shall set forth the reasoning behind the Town Board's decision. (b) The applicant shall be notified of the Town Board's decision in writing. Tf the Town Board has elected to consider a formal application on the proposal, said notification shall include, as applicable: Town Board recommendations for project modifications; Town Board comments on the nature and adequacy of the proposed community benefit(s); Generated 5/12/2011 Page 12 Southampton Town Board - Letter Board Meeting of May 10, 2011 [3l Any supplemental requirements identified for the formal application beyond those detailed in ~330-244(C). Should the Town Board elect to consider the application, applicant shall have a period of one year from the date of the close of the Preapplication Hearing to submit a formal application. Any proposal made after this one year period shall be considered a new project and require a new Preapplication Hearing. Nothing contained herein shall be construed to preclude or bind the Town Board from issuing or changing its decision or recommendations if new information or a change in circumstances arises at or prior to the formal application stage, nor shall anything herein be construed to bind the Town Board to any approval of the proposed PDD. B=. C~. Formal Application. S,dbm!ss!on Aw Formal application for ..~.,,~ ~..~,,.,,,,,~,,.~*~"~"m~-* of a PDD, except for an Agricultural PDD, which shall be governed by the provisions of ~330-244(E) herein, shall be submitted to the Town Clerk on a form approved by the Town Board, and shall ~' .... ~.m~**~.~ ,~ ,~.~ T ..... ~.~ ....... * for *~ ~*~"~* ~ ...... :~ :" ~:~*"~":~ ~ .... * to *~ ~ ..... ~:~":' ~ .... ::~*:~" ~:: include (1) Applicant and Development Team Contact Tnformation. The names.{-s} and addresses.(es) telephone numbers, and e-mail addresses of the property owner(s) and the applicant (if different from than the owner): and of the planner, engineer, architect, surveyor, landscape designer, attorney, and/or any other professional engaged to work on the project. Tf the applicant is not the owner, written authorization to submit the application, signed by each owner of the property, shall accompany the application. (2) Project Overview. A written statement describing the nature of the proposed project, including the proposed use(s), project density, key design features, and any changes made subsequent to the Preapplication hearing, including, but not limited to, any change in the yield calculation. , ~n ..... y ....... Generated 5/12/2011 Page 13 Southampton Town Board - Letter Board Meeting of May 10, 2011 Site History and Existing Conditions. A written statement, supplemented by maps and photographs, of previous and current uses on the subject property, detailing development constraints including, but not limited to, the presence of structures, Critical Environmental Areas (CEAs), restrictive overlay districts, easements, deed restrictions, covenants, wetlands, steep slopes, drainage issues, documented or suspected site contamination, erosion, mature vegetation, historic or archaeological significance, scenic views, rare or endangered species or natural communities, cross access opportunities, area traffic conditions, proximity to alternative transportation facilities, including sidewalks, bicycle lanes, paths or bus routes. (-5)(4) Project Maps and Plans. Av.~........~.-~'~--~ .... y development concept plan for the proposed project containing the following (a) A survey map of the parcel(s) and a statement annexed to same, prepared by a land surveyor licensed to practice in New York State, showing the Suffolk County Tax Map number, the lot area of the parcel, terrain conditions such as topography, identification of soil types, existing drainage features, the extent of existing woodlands or wetlands, significant vegetation types, the location of existing structures, utility lines, easements and any existing or proposed restrictions on the property. (b) A site location sketch indicating the location of the property with respect to neighboring streets and properties, including the names of all owners of property within 1,000 feet thereof, the land use of said properties and the existing zoning and the location of all zoning district boundaries in the surrounding neighborhood. Generated 5/12/2011 Page 14 Southampton Town Board - Letter Board Meeting of May 10, 2011 (c) v ............ y site plan or subdivision map indicating the approximate location, height and design of all buildings, the arrangement of parking spaces and access drives, the general nature and location of other proposed site improvements, landscaping and screening, storm drainage system, and water/sewer connection. (5) Architectural renderings and project elevations. Environmental Features. A statement and, as appropriate, maps, detailing any proposed environmental features of the project including, but not limited to, upgrades to wastewater treatment, construction to LEED, Energy Star, ICC, or other sustainability standards, stormwater best management practices, view preservation, maintenance of habitat corridors, water conservation, green roof construction, Iow-input landscape design and maintenance. (~)(7) Project Development, Operations and Maintenance. A statement setting forth the general time frame for staging and completion of the proposed project~ describinq the proposed manaqement, operation, and maintenance of the use ..... , ................. Generated 5/12/2011 Page 15 Southampton Town Board - Letter Board Meeting of May 10, 2011 (11) (a) for Of A ~l .... ~*~ Of ....... ~' Generated 5/12/2011 Page 16 Southampton Town Board - Letter Board Meeting of May 10, 2011 (c) ~.~/t8)Appra~sals. Applicant shall submit an appraisal, subject to review by a Town- appointed appraiser from the Suffolk County Division of Real Estate's approved appraiser list, at applicant's expense, documentinq: ,,vv ....... (a) The appraised value of the parcel, taking into account the underlying current zoning and any legal use of the property, including, but not limited to, preexisting nonconforming uses to which the owner is entitled; and (b) The appraised value of the parcel, which reflects the uses and densities proposed under a planned development district. (c) (d)(c) c~,:~, oon -~n/~ ~ll ,~, ~l,, ,~ Aagricultural PDDs shall not be required to obtain an appraisal. Fiscal Impacts. Applicant shall provide an analysis of the fiscal impacts of the project on all relevant property taxing districts, prepared in consultation with the Town Assessor's Office. Said analysis shall include a comparison of Generated 5/12/2011 Page 17 Southampton Town Board - Letter Board Meeting of May 10, 2011 current property tax revenues with projections for the proposed development, estimates of taxes for the as-of-right development yield and the estimates of property values. The analysis shall also compare the cost of providinq the relevant community service of each taxing district (e.g. school, library, ambulance), for the current, proposed, and as-of-right use of the project site. The name and address of the relevant school district, fire department, ambulance/emergency medical services agency, and other municipal agencies or districts with jurisdiction over the subject property shall be included. (10) Community Benefit. Applicant shall provide: A statement of the proposed community benefit, or package of benefits, highlighting any and all changes from the community benefits discussed at the Preapplication stage. (b) Said statement shall refer to a list of desired hamlet-specific community benefits maintained by the Department of Land Management, prepared with community input, and updated from time to time. Such lists may include proposals that have been determined not to be a community benefit in a particular hamlet. (c) Said statement shall document values of property, Pine Barren Credits, Development Rights, infrastructure improvements, housing subsidies, and any other public benefits to be considered, with recent fair market appraisals or professionally prepared estimates. (11) Impact Assessment. Applicant shall provide Part I of an EAF (Environmental Assessment Form) Long Form, and such other information as may be required by law or as may be determined necessary by the Town Board or the Planning Board to facilitate a review of the application under other provisions of this article. (12) Appropriateness and Compatibility of the Proposed Land Use(s), Density and Scale of Development as it relates to the Comprehensive Plan. An analysis of the relationship between the site, adjoining properties, and the surrounding neighborhood; conformity to the Comprehensive Plan, the Central Pine Generated 5/12/2011 Page 18 Southampton Town Board - Letter Board Meeting of May 10, 2011 Barrens Comprehensive Land Use Plan, plans for the South Shore or Peconic Estuary Reserves, and other local and regional plans as may be applicable; the availability and adequacy of community facilities and utilities to serve the site; the safety and capacity of the street system in the area in relation to the anticipated traffic generation; availability of alternative transportation modes; proximity to compatible uses; impact on or improvement to area visual character, etc. The narrative shall address how the project will resolve the development constraints and potential impacts identified through the requirements of this section. (13) A disclosure affidavit in the form prescribed by the Town Board. D. Timeline for applications. Within 21 days of receivinq a Preapplication or Formal PDD application, the Department of Land Management shall notify the Town Board, with a copy to the Town Clerk and the applicant, indicating whether the application complies with the minimum submission requirements of this chapter or whether additional information is required. Tf additional information is required, the Department of Land Management shall, within 10 days of receiving said additional information, notify the Town Board, with a copy to the Town Clerk and the applicant, as to whether the application now complies with the minimum submission requirements or whether further information remains outstanding. The response time required of the Department of Land Management on each subsequent submission by the applicant shall remain 10 days. Notification to the applicant that the Preapplication or Formal application complies with the minimum submission requirements, and may therefore proceed to Town Board and public review, shall be made in writing, with a copy submitted to the Town Clerk. Said notice shall specify the number of printed application copies required to be delivered to the Town Clerk, which shall be determined by the Department of Land Management. Together with the required number of printed copies, applicant shall provide the Town Clerk with a complete copy of the Preapplication or Formal application in an electronic format, compatible with the Town's computer system. Generated 5/12/2011 Page 19 Southampton Town Board - Letter Board Meeting of May 10, 2011 Upon delivery of these documents to the Town Clerk, applicant shall pay the Town Clerk the cost to cover the Public Notification requirements detailed below. E. Agricultural PDD. Submission requirements. The applicant shall submit a number of copies, as determined by the Department of Land Manaqement, of an application form that has been approved by the Town Board, which must contain the following information: [al The names and addresses of property owners and the applicant (if different from the owner). Tf the applicant is not the owner, written authorization to submit the application, signed by each owner of the property, shall accompany the application. [bl The Suffolk County Tax Map numbers for parcel(s) that will be within the proposed Agricultural PDD. Icl A written statement that the property owner(s) intend to maintain their property in a manner consistent with agricultural production as defined in ~ 301 of the Agriculture and Markets Law for a minimum of 10 years. A description of current agricultural production should be included with the written statement. Id] A disclosure affidavit in the form prescribed by the Town Attorney. lei The name and address of the relevant fire department, ambulance/emergency medical services agency, and other municipal agencies or districts with jurisdiction over the subject property. Iff A copy of the deed of the parcel(s). [gl A current survey of the property or map depicting the areas to be included within the proposed Agriculture PDD. Generated 5/12/2011 Page 20 Southampton Town Board - Letter Board Meeting of May 10, 2011 Public Hearing. Tn the case of an Agricultural PDD, a preapplication public hearing is not required. The Town Board shall schedule and hold a public hearing within 30 days of receipt of the report and recommendations of the Agricultural Advisory Committee, or the expiration of the Agricultural Advisory Committee review period, with the same notice as prescribed by law for zoning amendments. Town Board action. Tn the case of an Agricultural PDD, the Town Board shall take action within 30 days of the closing date of the public hearing. (4~ Term and expiration of approval. [al The term of the Agricultural PDD shall be for a minimum of 10 years and it shall remain in effect so long as a landowner utilizes the property for a use consistent with bona fide agricultural production as defined in 2301 of the Agriculture and Markets Law. When a landowner wishes to terminate the Agricultural PDD, he shall submit a written notice to this effect to the office of the Town Clerk, designating the termination date. [bl A landowner may submit a subdivision application and develop the property as a conservation opportunities subdivision without waitinq a minimum of 10 years after the Agricultural PDD has been approved. During the application process, the Agricultural PDD shall remain in effect. The landowner may sell development rights pursuant to the provisions of this chapter at any time after the PDD has been granted. F. Public Notification. The Town Clerk shall advertise the Preapplication or Formal application public hearing at least 14 days prior to its scheduled date in the newspaper of record. Two advertisements shall be placed: one in the legal notice section and one in the display section of the newspaper. The display ad shall be a minimum size of lA page, and shall include the information contained in the required Public Notification form. Tt shall also state that additional information Generated 5/12/2011 Page 21 Southampton Town Board - Letter Board Meeting of May 10, 2011 is available on the Town website. No additional advertisement shall be required for any adjournment date. Within 7 days of scheduling a public hearing date, the Town Clerk shall cause to have the Preapplication or Formal Application made available on the Town website. The information shall remain available on the Town website for as long as the proposal remains under consideration by the Town Board. At least 14 days prior the scheduled public hearing date, the Town Clerk shall distribute a notice announcing the date and time of the hearing which shall include summary information on the project, to a list of relevant appointed and advisory boards, committees, public agencies, civic groups and associations that shall be detailed and established in the resolution setting the public hearing date. Said communications shall also contain a link or the web address to locate the application information posted on the Town website. Appointed Boards shall be encouraqed, but not required, to submit written comments on the Preapplication. The applicant shall, at least 14 days prior to the scheduled date of a Preapplication or Formal application public hearing, erect or cause to be erected a sign, which shall be displayed on the property for which the public hearing is to be held, facing each public street on which the property abuts, giving notice that a public hearing will be held for the purpose of considering the potential for a Planned Development District at that site, and stating the date, time and place where the public hearing will be held. Each sign shall not be located more than 10 feet from the street line and shall not be less than two, nor more than six feet, above the natural grade at the street line. The sign(s) shall be furnished by the Department of Land Management, and only such sign(s) shall be used. The applicant shall file an affidavit with the Town Board that he/she has complied with the provisions of this section. Failure to submit such affidavit shall result in the adjournment of the public hearing and reposting pursuant to this section. The applicant shall, at least 14 days prior to the scheduled date of a Preapplication or Formal application public hearing, mail a notice of said hearing to every property owner, as shown on the current Town of Southampton assessment rolls, of all parcels within 500 feet of the property which is the subject of the public hearing. Such notice shall convey information on the date, time and place of the public hearing, and reference the application documents available on the Town website. ]t shall be sent by either certified or registered mail, return receipt requested. Proof of such Generated 5/12/2011 Page 22 Southampton Town Board - Letter Board Meeting of May 10, 2011 notice shall consist of (i) a certified copy of the assessment rolls, (ii) the return receipts, and (iii) an affidavit attesting to compliance with this mailing notification. Such proof shall be submitted to the Town Clerk at least 72 hours prior to the public hearing. Failure to submit the affidavit and postal receipt cards shall result in the adjournment of the public hearing and re- mailing pursuant to this section. G~. Public Hearing. The public hearing for either a Preapplication or a Formal application shall be held no sooner than 45 days from the date said application is filed with the Town Clerk. The hearing shall take place at a regular or special meeting of the Town Board, and the applicant and the public in attendance shall be afforded an opportunity to be heard. The hearing shall be scheduled at an evening meeting, if possible. The Town Board shall close the public hearing within 60 days of the hearing's opening for a Preapplication, and within 180 days for a Formal application, unless an extension is mutually agreed upon by the Town Board and the applicant. C~. H~. Referral to Planning Board and other agencies. (1) Except for Agricultural PDDs, E_every Preapplication and Formal application for shall be referred to the Planning, Conservation, Landmark and Historic Districts and Architectural Review Boards for review and recommendation. Reports on Preapplications shall be discretionary. Within 30 days of the date of the referral of a Formal application, the Planning, Conservation, Landmark and Historic Districts and Architectural Review Boards shall report its their recommendations back to the Town Board. No final action shall be taken by the Town Board until receipt of the,n'~'~,~,,,,,,,~ ~w,~'~"'~ said reports, or the expiration of the review period, whichever comes first. Said review period may be shortened or extended by consent of the Town Board. Generated 5/12/2011 Page 23 Southampton Town Board - Letter Board Meeting of May 10, 2011 Each revision of the project concept plan submitted by the applicant to the Town Board in the Formal application stage may require a new referral to the Planning, Conservation, Landmark and Historic Districts and Architectural Review Boards, where the initial review identified issues of concern. Tn preparing its report(s) and recommendation(s), the Planning Board shall take into consideration the recommendations of the Comprehensive Plan, the existing characteristics and arrangement of land uses in the area, the environmental and cultural aspects of the project site and its surroundings, the relationship of the proposed design and location of buildings on the site, traffic circulation on and off the site, the adequacy of available community facilities and utilities to service the proposed project, compliance of the proposed project with the standards and requirements of this chapter, the then-current need for the requested use(s), and such other factors as may be appropriately related to the purpose and intent of this article and other provisions of the Town Code. With regard to potential impacts to community services, should thc Town -"~';~ "~-;-~ the Town Board shall also transmit the application and/or solicit comments and preliminary review concerning the proposed PDD zoning designation from the Chief Fire Marshal, the Fire Department with jurisdiction, or other municipal agencies or districts with jurisdiction, including agencies under contract to provide ambulance/emergency medical services to the subject property. For input from agencies under contract to provide ambulance/emergency medical services to the subject property, the Town Board shall refer conceptual plans to the EMS Advisory Association for its recommendations. The Town Board shall also refer the application to the school district in which the proposed project lies. ^ .... * of *" .... '~*~- *" .... '~-* ~"~" bc ..... ~-~a to The school district within which the project lies, the Chief Fire Marshal, the Fire Department with jurisdiction, or other municipal agencies or districts with jurisdiction, including agencies under contract to provide ambulance/emergency medical services to the subject property, may provide comments for the Town Board to consider, and shall forward said comments to the Town Board within 45 days of such referral. No response following such forty-five-day period shall be construed as no potential adverse impacts to community services and no additional requirements may be deemed necessary by such agency for consideration by the Town Board in its review and possible approval. Generated 5/12/2011 Page 24 Southampton Town Board - Letter Board Meeting of May 10, 2011 (1) (2) Generated 5/12/2011 Page 25 Southampton Town Board - Letter Board Meeting of May 10, 2011 Town Board action. A copy of the resolution containing the Town Board's decision either to approve or deny the proposed PDD shall be forwarded to the Planning Board and the applicant within three business days. A copy shall also be placed on file in the office of the Town Clerk, and, if in the form of an approval, the official copy of the Town Zoning Map shall be amended accordingly. Approval is required to authorize the applicant to proceed with the detailed design of the proposed project in accordance with the concept design plan and the subsequent procedures and requirements of this article. The resolution containing the Town Board's decision shall include the following: (a) The reasoning behind the Town Board's decision, referring to the extent to which the proposal meets established Town and hamlet goals for the project area; (b) Tf approved, a detailed statement of the required community benefit, including a description of the benefit, how the benefit was determined, how it meets the criteria given in ~330-245of the Town Code, and how and when it will be provided. When the approved community benefit consists all or in part of a cash-in-lieu payment to the Town, the resolution shall enumerate the allowable expenditures of such monies. The Town Board shall establish a schedule for implementation of the established community benefit(s). Said schedule shall be incorporated into the Town Code for the newly established PDD zone. When all or part of the required community benefit(s) is to be provided by a cash-in-lieu-of payment, the PDD legislation shall enumerate the allowable expenditures of such monies. A preferred, and at least one alternate use of the funds, option shall be given to facilitate the expenditure in a timely manner. Generated 5/12/2011 Page 26 Southampton Town Board - Letter Board Meeting of May 10, 2011 Any cash-in-lieu-of payments shall be deposited into a restricted account attendant to those uses specified in the PDD legislation. N~.]_ Expiration of approval. Except for Agricultural PDDs, Aapproval of the establishment of a PDD shall expire 36 months after the date of approval by the Town Board unless the appropriate Planning Board approvals have been obtained and substantial construction has begun. Tn an effort to remain true to the purposes and goals of the Town Board at the time it approved a particular PDD application, the Department of Land Management shall provide comments and recommendations to the Planning Board for any pending PDD application, adopted by the Town Board but being reviewed by the Planning Board, which may be affected by any recently adopted hamlet study, moratorium study, or Comprehensive Plan update findings, for the Planning Board's due consideration when considering said PDD application. Tn the event of an expiration of approval, the PDD may, after proper notice and a public hearing, revert to its prior zoning classification, and the Town Clerk shall amend the official copy of the Zoning Map in accordance therewith. Approval for a specific PDD shall be use-specific and shall not entitle the substitution of another PDD without an entirely new application under this article. There shall be no expiration of the approval of the establishment of a PDD where the Town Board establishes said PDD on its own motion. Generated 5/12/2011 Page 27 Southampton Town Board - Letter Board Meeting of May 10, 2011 K. Oversight and Review. For each PDD approved, except for Agricultural PDDs, the Town Board shall establish a committee to provide oversight and make recommendations to the Town Board on such actions as may be needed to ensure implementation of the required community benefit according to the schedule established by the Town Board and in accordance with the intent of PDD-specific community benefit requirement. Said committee shall also provide oversight on project development, as needed, to ensure that it is built to the approved plan. The Oversight Committee shall be appointed by the Town Board and shall include stakeholder representation including the applicant or desiqnee, one member of the Community Advisory Committee (CAC) in which the project is located, and the following Town officials or their designees: Town Comptroller, Town Attorney, Town Planning and Development Administrator, Chief Building Tnspector and, when land preservation is required, the Town's Community Preservation Fund Manager. By June ist of each year, the department of Land Management shall provide the Town Board with a brief report on the PDD application activity over the previous year including, but not limited to, a listing of new and pending applications and their status, a qualitative assessment of the applications received in the previous year, and an assessment of the quantity and content of public comments on those applications. [al Within 45 days of the receipt of the said report, the Town Board shall, at a public work session, consider the contents of said report, the impact of the Town's PDD legislation on Town growth and Generated 5/12/2011 Page 28 Southampton Town Board - Letter Board Meeting of May 10, 2011 development, and whether further action is needed to amend the PDD provisions of the Town Code. SECTION 3. Authority. The Town Board may amend Town Code §330-244 pursuant to Town Law §§261-b, 264, and 265, as well as Municipal Home Rule Law §lO(1)(ii)(d)(3). 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 public hearings were held by the Town Board of the Town of Southampton on 3anuary 18, 3anuary 25, February 15, March 8, March 22, April 26, and May 10, 2011, the Town Board, at their meeting of May 10, 2011, adopted LOCAL LAW NO. 14 OF 2011, as follows: "A LOCAL LAW amending Southampton Town Code 2330-244 (Applications; Review Procedure) to revise the requirements for the submission of a PDD application." 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. Generated 5/12/2011 Page 29 Southampton Town Board - Letter Board Meeting of May 10, 2011 BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Fiscal Tmpact: None. RESULT: ADOPTED [UNANTMOUS] MOVER: Anna Throne-Hoist, Supervisor SECONDER: Nancy Graboski, Councilwoman AYES: Throne-Hoist, Malone, Graboski, Fleming, Nuzzi Generated 5/12/2011 Page 30 Southampton Town Board - Letter Board Meeting of May 10, 2011 RESOLUTION 2011-576 ADOPTED Item # 6.43 DOC ID: 13258 A Notice of Public Hearing to Consider Amending Southampton Town Code {}330-79 (Agriculture, Gardening and Animal Husbandry) and {}330-162.1 (Horse Farms) to Address Maintenance, Acreage and Setbacks for Animal Shelters, Indoor Riding Tracks, Indoor Exercise Rings or Horse Stabling Facilities in All Zoning Districts BE [T RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on Tuesday, June 14, 2011, at 1:00 p.m. at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled, "A LOCAL LAW to amend Southampton Town Code {}330-79 (agriculture, gardening and animal husbandry) and {}330-162.1 (horse farms) to Address Maintenance, Acreage and Setbacks for Animal Shelters, [ndoor Riding Tracks, [ndoor Exercise Rings or Horse Stabling Facilities in all Zoning Districts," which provides as follows: LOCAL LAW NO. OF 2011 A LOCAL LAW amending Southampton Town Code {}330-79 (agriculture, gardening and animal husbandry) and {}330-162.1 (horse farms) to Address Maintenance, Acreage and Setbacks for Animal Shelters, [ndoor Riding Tracks, [ndoor Exercise Rings or Horse Stabling Facilities in all Zoning Districts. BE [T ENACTED by the Town Board of the Town of Southampton as follows: SECTTON 1. Legislative Tntent. Currently, {}162. i(F) of the Southampton Town Code refers to the provisions of §330-79(A) to regulate minimum setbacks for horse farm accessory structures, particularly, indoor training tracks, exercise rings and stabling facilities. This code amendment seeks to clarify the Code by specifically applying a 150 foot setback from any street line and a 200 foot setback for indoor training tracks, indoor exercise rings and horse stables for horse farms located in any zoning district. Town Code §330-79 currently only regulates agriculture, gardening and animal husbandry in the CR Zoning District on properties of five acres or more and regulates cover crops solely in R Districts. This amendment will also increase the acreage requirement to ten acres for animal husbandry and will apply the regulations set forth §330-79 to all zoning districts. This amendment also serves to correct a typographical error in section 330-162.1(G) of the Southampton Town Code. SECTTON 2. Amendment. Generated 5/12/2011 Page 31 Southampton Town Board - Letter Board Meeting of May 10, 2011 Town Code §330-162.1 (F-M) (Horse farms; horse stabling facilities; horseback riding academies) is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-162.1. Horse farms; horse stabling facilities; horseback riding academies. [Added 6-12-1990 by L.L. No. 14-1990] F. An indoor training track or indoor exercise ring may be permitted as an accessory structure, provided that the subject horse farm, horse stabling facilities or horseback riding academy is located on a parcel of 10 acres or greater and shall be setback a minimum of 150 feet from any street line and a minimum of 200 feet from any other property line ~,,A,~,~,~ ,~ ...... ~ cf ~ ~n^ ,~ n~ ~.-, .... ~"~* to *" ...... ~ ..... *~ of *"~ ~"~'"~"~ e"~*~" G The overall size of the track or ring structure shall be limited to 15,000 square feet for parcels less than 25 acres, and only one such structure shall be permitted for each 10 acres of lot area. On sites of more than 25 acres, the Planning Board may consider a structure larger than 15,000 square feet, which may include indoor stalls as part of the structure. ~n no case shall any such structure be larger than 24,000 square feet in size. G. All horse stables shall be setback a minimum of 150 feet from any street line and a minimum of 200 feet from any other property line. G~. H. Tn consideration of the fact that such horse farm, horse stabling facility and/or horseback riding academy will be primarily located in residentially zowned areas, the architectural style of buildings and structures shall be consistent with other agricultural buildings and as compatible as possible with the surrounding neighborhood, and the buildings shall be of a style and construction satisfactory to the Planning Board. Screening shall be required where it is determined to be necessary to minimize any adverse visual effects on neighboring properties. Tn siting larger structures, such as an indoor training track or exercise ring, the Planning Board shall consider the topography of the subject property and adjacent sites to take advantage of any natural screening which may be afforded by the land itself and/or by existing vegetated areas. Notwithstanding any provisions to the contrary, the Planning Board may allow the use of structures that existed prior to the effective date of this section, provided that potential impacts upon surrounding residences are minimized to the maximum extent practical. N. T~. AIl necessary parking areas shall be located a minimum of 50 feet from any side or rear lot line and 100 feet from any front lot line and shall be screened from view from surrounding properties. A 3.~The horse farm, horse stabling facility and/or horseback riding academy may be used for the following purposes: the letting of horses for hire to individuals or groups, whether supervised or unsupervised; and/or horseback riding instruction/training, provided that these activities are sufficiently located away from neighboring residences and appropriate off-street parking and access is made available and there are no signs, other than a farm identification sign, on the premises. The Planning Board may further condition or limit the scope of these activities or uses depending on the amount of property available and the potential impact upon neighboring residences. ~. K~. The holding of horse shows, rodeos or any other equestrian spectator events shall be prohibited, except that on parcels of 10 acres or greater, three equestrian events per Generated 5/12/2011 Page 32 Southampton Town Board - Letter Board Meeting of May 10, 2011 year lasting no longer than an accumulated total of nine days may be held subject to Town Board review and approval in accordance with the provisions of Chapter 283, Special Events, exclusive of the requirements in §283-6B(1). [Amended 2-13-2007 by L.L. No. 2-2007] t4. L~. No other commercial enterprise, either as a principal or an accessory use, such as a tack shop, shall be permitted. [Added 2-13-2007 by L.L. No. 2-2007] ~. M. The Planning Board may require covenants or other similar documents to assure the provisions of this section are adhered to. [Amended 2-13-2007 by L.L. No. 2-2007] SECTION 3. Amendment. Town Code 2330-79. (Agriculture, gardening and animal husbandry) is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-79. Agriculture, gardening and animal husbandry. *..TN /~1~,. ~.~...~.~,r~;~'r;~'~ Tn all Zoning Districts, the following shall apply to the keeping of animals in all forms, except the keeping of animals as household pets: (1) Animal husbandry shall only be permitted on sites of f!vc ten acres or more. (2) All shelters provided for livestock, fowl or fur- and woolbearing animals shall be at least 150 feet from any street line and 200 feet from any other property line, except that an existing shelter may remain and be added to, provided that the addition shall not encroach on a required yard. (3) The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problem. *.TN. R ~r''~*r'~*~.....~,-, In all Zoning Districts, agricultural and gardening uses shall comply with the following requirements: (1) Cover crops shall be planted or sown on all cultivated land of one acre or more within two weeks of the date when crops are harvested therefrom and in no event later than October 30 of any year. Such crops shall be grown and maintained in such condition as to protect the soil against wind erosion at all times to the full extent possible after the use of such due diligence as a reasonably prudent farmer or gardener would employ or exercise under all circumstances. SECTION 4. Authority. The proposed local law is enacted pursuant to Article 16 of Town Law and Municipal Home Rule Law §10(1)(ii)(a)(11) and (12), and §10(1)(ii)(d)(3). SECTION 5. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be Generated 5/12/2011 Page 33 Southampton Town Board - Letter Board Meeting of May 10, 2011 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 6. 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: NOTICE OF PUBLIC HEARING TAKE NOTTCE that, the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on ,lune 14, at 1:00 p.m., at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled, "A LOCAL LAW to amend Southampton Town Code §330-79 (agriculture, gardening and animal husbandry) and §330-162.1 (horse farms) to Address Maintenance, Acreage and Setbacks for Animal Shelters, Tndoor Riding Tracks, Tndoor Exercise Rings or Horse Stabling Facilities in all Zoning Districts." Summary of Proposed Law The Town Code currently regulates agriculture, gardening and animal husbandry in the CR and R Zoning Districts. This Code amendment sets the setback requirements for structures accessory to a horse farm, referenced in Town Code §330-162.1, to 150 feet from any street line and 200 feet from any other property line. The proposed local law further seeks to expand the setback requirements for animal husbandry and cover crop regulations to all Zoning Districts and to increase the acreage requirement from five to ten acres for animal husbandry. Copies of the proposed law, sponsored by Councilwoman Graboski, 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 Tmpact: None RESULT: ADOPTED [UNANIMOUS] MOVER: Nancy Graboski, Councilwoman SECONDER: ~lames Malone, Councilman AYES: Throne-Hoist, Malone, Graboski, Fleming, Nuzzi Generated 5/12/2011 Page 34