Since the land areas characterized by the Bridgehampton and Haven Soil Associations are among the most productive soils in New York State and since those areas in the Town of Southampton have been found to have a high economic viability, producing on a very limited area a disproportionately large share of the total value of all agricultural produce sold in New York State, they constitute a highly significant agricultural and economic resource in both the Town of Southampton and the state. In addition, these areas provide the open rural land use environment so highly valued by those persons who support the Town of Southampton’s recreational and resort economy, as well as by year-round residents. Yet, despite these values, it is found that growing economic and development pressures threaten to destroy this important resource. Therefore, as a matter of public policy, the Town of Southampton designates those specific land areas as the Agricultural Overlay District in order to encourage and to make economically feasible the preservation of these lands for agricultural purposes.

As noted, the agricultural land base of the Town has been under considerable pressure for conversion over time to nonagricultural uses. The Town of Southampton and County of Suffolk have managed to preserve roughly 18% of the existing agricultural land base through purchase of development rights and another 12% with private subdivision reserves and private land trust easements. The Town’s agricultural reserve program has preserved roughly 900 acres; however, due to existing ownership and development patterns, these parcels are becoming isolated from one another, are relatively small in size and are in close proximity to residential development. The 1999 Comprehensive Plan Update recommends a number of strategies in order to preserve a maximum amount of the remaining agricultural land base in such a way as to maximize potential for agricultural use, including the goal of protecting a minimum of 80% of the farmland parcel and reducing the overall development density by 50%. The Comprehensive Plan suggests an incentive-based conservation subdivision process focusing on a series of incentives and disincentives to encourage the owners to preserve the largest number of acres, while protecting equity value in the land. As part of an overall program to increase efforts to preserve greater percentages of farmland through a combination of planned residential development, transfer of development rights, purchase of development rights, Agricultural Planned Development Districts and private conservation donations, it is intended that there be a goal of preserving a minimum of 80% of farmland parcels and approximately 50% reduction in the permitted on-site development density of all remaining farmland tracts exceeding 10 acres in size within the Agricultural Overlay District. The encouragement of the preservation of more land and the reduction of density within the Agricultural Overlay District will allow economic and aesthetically compatible development with an overall reduction in traffic impacts, reduction of impacts on groundwater resources, reduction of impacts from stormwater runoff, and reduction in on-site and off-site infrastructure and development costs.

For the purposes of subdivision development in the Agricultural Overlay District, the residential development site portion of the entire tract shall be so delineated as to make available and to preserve intact the maximum possible land area for agricultural purposes. The resulting agricultural open space reserve (hereinafter referred to simply as “agricultural reserve”) shall be dedicated to a public or quasi-public land trust; or placed in a homeowners' or property owners' association with an agricultural open space easement running to the Town; or an acceptable qualified conservation organization or retained by the agricultural landowner with an agricultural open space easement running to the Town or an acceptable qualified conservation organization. The former agricultural landowner should have the first option to continue to use the agricultural rights within the resulting agricultural reserve as a lessee. Furthermore, it has been found that the larger contiguous agricultural areas are better suited to the efficient practice of farming and that they are less likely to conflict with the other functional areas of community land use and services. Therefore, it intended to encourage the aggregation of such agricultural reserves by permitting, in appropriate cases, the transfer of the residential development of capital values to an approved land area off the owner’s agricultural holdings, generally, located in the same school district.

This article sets forth the regulations that apply in the Agricultural Overlay District in addition to those regulations applicable in the standard district in which a given site is found on the Zoning Map as set forth in Articles II, VI and VII.

The projected residential development site area and the intensity of use to be permitted on that site shall be established through consideration by the Town Board of the following factors, among others, that it may deem relevant:

The agricultural reserve area resulting from these procedures shall be subject to such rules and regulations as may have been established by the Town Board and by the public or quasi-public land trust.

Applicants for a planned residential development in the Agricultural Overlay District may transfer the residential development or capital value of the entire agricultural tract to an approved land area off said tract, even though the land is not contiguous to the agricultural tract. Such approved residential development site area shall be deemed to be an integral part of the agricultural tract in establishing the residential development or capital value of the entire agricultural tract and in computing the land’s development capacity in terms of dwelling units.

The procedure shall be as a noncontiguous planned residential development (cluster) in accordance with the provisions of Chapter 247.

As used in this article, the following terms shall have the meanings indicated:

Acquisition of development rights and limitations on alienation.

Administration.

Erection of structures subsequent to transfer of development rights. No structures of any kind whatsoever shall be permitted to be erected or maintained, except for structures legally existing on the date of transfer, subsequent to the transfer of development rights to the Town, except as specifically set forth in this subsection.

Acquisition of development rights or easements via subdivision or site plan procedure. No structures of any kind whatsoever shall be permitted to be erected or maintained on lands which have been preserved for agricultural purposes as a condition of subdivision or site plan approval by grant of easement, covenant, deed of development rights, lease or other property interest granted to the Town, except those structures that may be permitted by the Farmland Permit Administrator, Agricultural Advisory Committee and/or Planning Board pursuant to the same procedural requirements as set forth in § 330-50D(1) and (2).

Suffolk County purchase of development rights program. No structures, of any kind whatsoever shall be permitted to be erected or maintained on lands which have been preserved for agricultural purposes as a condition of the sale of development rights to the County of Suffolk, except those structures that may be permitted by the Suffolk County Farmland Committee and, if applicable, the Planning Board where special exception permission and/or site plan review is necessary.