There are more than 300 land subdivision maps located in the Town of Southampton filed in the office of the County Clerk prior to May 13, 1931, which were not approved by either the Planning Board or the Town Board. These land subdivision maps, designated "old filed maps" herein, are comprised of lots as small as 20 feet by 100 feet and even smaller in some cases. The major areas so mapped and as yet essentially undeveloped are in the CR-200, CR-120, R-120, R-80, CR-80, CR-60, CR-40, R-60 and R-40 Districts. Further, they are generally located on the Ronkonkoma Moraine, which is vitally related to the domestic freshwater supply for the Town of Southampton.

As a result of doubtful practices as compared with modern day standards in subdividing, recording and marketing of the lots during this period, some of these old filed maps are impossible to locate accurately or, in fact, may be lost, and in some cases the actual title to lots is questionable.

Although the lots in these old filed maps have remained essentially undeveloped for 45 years or more, owners have generally continued to pay taxes. Some who have failed to so have lost their property through county tax sale.

Most of the single and separate parcel ownerships on these old filed subdivision map plats are substantially smaller than the minimum required lot size in the applicable district. In most cases, they also have less lot area than that required for new land subdivisions in the same area by the Suffolk County Department of Health Services to meet community water and sewerage facility standards and prevent health hazards. In addition, most have inadequate, if any, improved road access to the Town highway system.

It is apparent that, as they develop, substandard physical conditions will be created on thousands of lots in the vicinity of the very critical Ronkonkoma Moraine, and further, that the open space character of the central portions of the Town will be decimated, thus perpetuating the inadequate standards and planning of a half century ago and penalizing both those who live in the Town today and those who will live in the Town in the future. This would completely negate more than two concentrated years of detailed study and discussion in developing and adopting the Town of Southampton Master Plan, a second two years of effort leading to the adoption of the recodified and comprehensively amended Zoning Law and also the effort expended in preparing and adopting the rules and regulations for subdivision of land in 1975.[1] Its adverse effect would be Townwide.

Among the adverse impacts of such a development pattern would be the following:

The Town Board finds that the above adverse impacts on the community, as well as on the immediate old filed map neighborhood, cannot be successfully regulated by application of the customary provisions of the standard zoning districts provided for in the Zoning Law. In these specific situations, to fulfill the community objectives and needs and to assure the preservation of these existing valuable natural resources, special regulatory provisions must be enacted. Further, such special regulations, even though they are necessary to promote the health, safety, morals or the general welfare of the Town, by their very nature will constitute severe constraints on private property which should be recognized through appropriate relief procedures that would not serve to negate the very purposes and intent of this legislation.

Under the provisions of §§ 330-115D and 330-167C of this chapter, a one-family detached dwelling may be erected on a nonconforming lot having less than the minimum required lot area set forth in § 330-11 for the residence district in which the lot is situated. If this right to construct a one-family detached dwelling shall be deemed a full residential development right, such lot prior to the enactment of this subsection had a full residential development right under the existing provisions of this chapter.

With the enactment of this article, it is intended to eliminate the full residential development right with respect to such nonconforming lots in the Old Filed Map Overlay District and to substitute therefor a partial residential development right of a denomination determined by the ratio between the lot area of such lot and the minimum required lot area set forth in § 330-11 for the residence district in which such lot is situated.

As one principal form of relief for the above-noted constraint, partial and full development rights shall be transferable from one lot to another lot within the overlay district. Thus, it is intended to prohibit erection of a one-family detached dwelling on such a nonconforming lot which has only a partial residential development right, unless and until additional partial development rights sufficient to constitute one full residential development right shall have been transferred to such lot. Further, it is intended that such prohibition is applicable notwithstanding the existing provisions of this chapter to the contrary.

In part as a supplemental form of relief, it is the intention of the Town to establish an Old Filed Map Land Bank[3] which would be available to purchase lots or residential development rights where necessary. The bank's other function would be to purchase and sell lots and residential development rights where appropriate to facilitate achievement of the planning objectives of the Comprehensive Master Plan and of this chapter.

Therefore, as a result of the above findings and stated purposes, the Town Board of the Town of Southampton hereby establishes this Old Filed Map Overlay District in addition to its existing standard district zoning. This overlay district shall consist of the area encompassed in all old filed maps as provided in this article. This article sets forth the regulations that shall apply in the Old Filed Map Overlay District, in addition to those applicable in the standard district in which a given site is found on the Zoning Map as set forth in Article II.

In no case shall the filing of a certificate of abandonment pursuant to the provisions of § 335 of the Real Property Law, subsequent to the enactment of Articles VIII through XIII, exempt such real property described in said certificate of abandonment from the provisions of Articles VIII through XIII.

The Old Filed Map Overlay District shall consist of all land subdivisions situated within the CR-200, CR-120, CR-80, CR-60 and CR-40 Country Residence Districts and within the R-120, R-80, R-60 and R-40 Residence Districts filed in the office of the County Clerk prior to May 13, 1931, located within the Town of Southampton between the Montauk Highway (County Road No. 80 and the New York State Route No. 27) on the south and the following roads and other features on the north: Peconic River, Peconic Avenue, Flanders Road (New York State Route No. 24), Red Creek Road and Upper Red Creek Road, West Landing Road, Great Peconic Bay, Sebonac Creek/Bullhead Bay, Millstone Brook Road/North Sea Road (County Road No. 38) and the Incorporated Village of Sag Harbor. Any such land subdivision in which more than 80% of the ownership parcels are improved with dwellings as of the effective date of this section shall be excluded from the Old Filed Map Overlay District.

Except as provided in § 330-56, each and every lot in the Old Filed Map Overlay District is hereby granted a fractional residential development right. The numerator of such fraction shall be the lot area of such lot, and the denominator shall be the minimum required lot area set forth in § 330-11 of this chapter for the residence district in which such lot is situated.

Notwithstanding any provision of this chapter to the contrary, no building permit shall be issued in relation to any lot in a subdivision in the Old Filed Map Overlay District unless the development of that subdivision or part thereof in which such lot is shown has been approved by the Planning Board in consultation with the Engineering Division pursuant to a referral as it relates to road and drainage plans.

Notwithstanding any provision to the contrary in this chapter, no building permit shall be issued for the erection of a one-family dwelling on a lot which is nonconforming with respect to lot area in the Old Filed Map Overlay District unless it is established that such lot has a full residential development right by virtue of the transfer of sufficient additional partial residential development rights to such lot to make up the partial residential development right deficiency. The method for establishing such a full residential development right and the procedure governing the transfer of development rights shall be in accordance with the provisions of §§ 330-54 and 330-55.

Any building lot for which the Board of Appeals has authorized a building permit pursuant to § 280-a, Subdivision 3, of the Town Law prior to the enactment of this article shall not be affected by this article.

In the event that § 330-53D is adjudged unconstitutional as applied to a particular lot, no building permit shall be issued for the erection of a one-family dwelling on such lot unless and until the owner of such lot makes application to the Town Board for a determination as to whether the Town elects to permit such construction or to acquire such lot and until the happening of any of the following:

Applications for approval to build on an approved Old Filed Map Overlay District development section shall be submitted, in duplicate, to the office of the Planning Board. The fees for such applications shall be established, and changed as needed, by resolution of the Southampton Town Board. A copy of the fee schedule is on file in the Town Clerk's office, the Department of Land Management, and the Engineering Division.

Residential development rights granted by § 330-53B may only be transferred to lots that meet the criteria set forth in this section.

Partial residential development rights may be transferred to any lot which is designated a development parcel by the Planning Board and is nonconforming with respect to lot area in the Old Filed Map Overlay District having a lot area of not less than 10,000 square feet, except as provided in § 330-156, subject to the following conditions: The transfer shall not result in more than one full residential development right on such nonconforming lot, and therefore, not more than one one-family detached dwelling may be erected on such nonconforming lot as a result of the transfer.

Residential development rights may be transferred to any lot in the Old Filed Map Overlay District which is conforming with respect to lot area, subject to the following conditions: The transfer shall not result in such a conforming lot having more than one additional full residential development right, and therefore, not more than two one-family detached dwellings may be erected on two lots of 1/2 the minimum required lot area derived from the one such conforming lot as a result of the transfer.

Residential development rights shall not be transferred out of the school district in which they are located, except as provided in § 330-156.

Residential development rights transferred to lots in the CR-120 or R-120 Residence District shall originate for other lots in the CR-120 or R-120 Residence District or lots within the CR-200 Country Residence District.

Residential development rights transferred to lots in the CR-200 District shall originate from other lots in the CR-2O0 Zone.

An applicant for a building permit involving the transfer of residential development rights in the Old Filed Map Overlay District shall provide the following documentation:

Notwithstanding any other provisions to the contrary, the minimum required yard dimensions applicable to a one-family dwelling in the Old Filed Map Overlay District shall be as follows:

Each and every lot in the Old Filed Map Overlay District within the CR-200, CR-120 and R-120 Districts is hereby granted a fractional residential development right as provided by this article.

Where said development right is to be utilized for development within the CR-200, CR-120 or R-120 District, the fractional development right shall be determined by a fraction with a numerator equal to the lot area of such lot and a denominator equal to the minimum lot area in the residence district in which the lot is located.

Where said development right is to be transferred outside the CR-200, CR-120 and R-120 Districts, the fractional development right shall be determined by a fraction with a numerator equal to the lot area of such lot multiplied by a factor of 2.5 and a denominator equal to the minimum lot area of the residence district in which the lot is located.

Partial residential rights may be transferred to any lot in the Old Filed Map Overlay District within the CR-200, CR-120 and R-120 Districts which is designated a development parcel by the Planning Board and is nonconforming with respect to lot area, provided that said lot has a minimum lot area of 30,000 square feet, subject to the following conditions: The transfer shall not result in more than one full residential development right on such nonconforming lot; therefore, not more than one one-family detached dwelling may be erected on such nonconforming lot as a result of the transfer, and the requirements of § 330-54E and F are met.

Residential development rights within the CR-200, CR-120 or R-120 Districts shall not be transferred out of the school district in which they are located except upon the approval of a 3/4 majority of the Planning Board.