The Town Board of the Town of Southampton is empowered by § 263 of New York State Town Law, as well as § 10 of New York State Municipal Home Rule Law, to enact zoning regulations in accordance with the Town's Comprehensive Plan. In particular, the Town's Comprehensive Plan aims to facilitate the adequate provision of clean drinking water to the residents of the Town in furtherance of their health, safety and welfare.

By way of background, the sole source of drinking water for the Town of Southampton is its underground aquifers. The federal government has given sole source aquifer designation to these aquifers, recognizing that said aquifers must be kept pure if a continued source of potable drinking water is to be available for future generations. It is the policy of the Town Board to protect the Town's supply of drinking water in its pristine state, and to prevent the degradation of this valuable and essential resource.

The Town's Comprehensive Plan, as well as subsequent studies and updates, have identified geographic areas within the Town where water recharge into these aquifers is the deepest, and where the greatest recharge occurs. These areas have been designated as water catchment regions. These water catchment regions inform the water quality for the entire Town and, importantly, the types of land uses which occur above these water catchment regions directly impact the aquifer and its quality. Thus, the type of land uses permitted in these water catchment regions must be compatible with the function of water recharge to ensure the goal of protecting the drinking water supply of the Town.

The Town Board has long recognized that population density and the attendant intensity of land uses are variables which affect both water quality and quantity. Programs to reduce population density and promote open space have already been implemented, benefitting both water quality and water quantity. Of equal importance in protecting water quality are the types of land uses which are permitted in water catchment regions. Land use regulations must be implemented which strictly regulate land uses that are incompatible with water recharge and the protection of the Town's supply of pure drinking water.

Recognizing its value, it is the declared policy of the State of New York to protect the Town's aquifers as special groundwater protection areas within such federally designated sole source aquifer areas to further implement and protect the potable water supply underlying the entire recharge area. In addition, the State Legislature has found that the scientific evidence of groundwater contamination is mounting. Such contamination, once it occurs, is often irreversible. Within areas subject to sole source aquifer designation, due to their rate of recharge and associated hydrogeological conditions, certain groundwater recharge watershed areas are particularly critical for the maintenance of large volumes of high-quality groundwater for extended periods of time. Indeed, with increasing cases of groundwater contamination from toxic organic compounds, nutrients, salts, and other pollutants, the state has acted to protect and manage special groundwater protection areas.

Similarly, the Town Board seeks to maintain natural vegetative and hydro-geologic conditions in special groundwater protection areas within the Town of Southampton. Indeed, preventing the contamination of high-quality groundwater, and protecting special groundwater protection areas, costs less than measures to mitigate harm following contamination. There is a demonstrated need to protect, preserve, and enhance the land and water resources of special groundwater protection areas.

For more than 50 years, sand mines have been nonconforming uses in residential zoning districts within the Town. New sand mines have not been permitted within the Town for more than nearly 40 years. It is without debate that nonconforming uses hinder the realization of a municipality's land use objectives, which include the protection of the health, safety and welfare of its residents. Further, it is axiomatic that zoning regulations cannot achieve the goal of phasing out incompatible uses unless nonconforming uses are eliminated. When properly employed, amortization protects property rights while giving municipalities the needed flexibility to phase out nonconforming uses pursuant to its municipal home rule authority.

The operation of an intensive use in a residential zoning district — and a special groundwater protection area — jeopardizes the quality of the Town's drinking water. This is particularly true when such mining operations are combined with accessory uses such as waste processing and waste disposal. Pollution from such activities has been documented across Long Island.

Thus, the Town Board finds that the continued operation of a sand mine which is located in both i) a residential zoning district and ii) a special groundwater protection area will adversely affect the Town's drinking water resources and thus the health, safety, and welfare of its residents. In such circumstances, said preexisting nonconforming sand mine use should be discontinued and the mining operation terminated as provided herein. To balance the economic, social, and environmental needs of the Town, this article shall provide for termination dates based upon the remaining useful life of the sand mines affected, as set forth and limited in the most recent legally issued DEC permit and required reclamation plan, maps, and materials for said use.

Amortization. The right to operate and maintain a nonconforming sand mine which is located in both i) a residential zoning district and ii) a special groundwater protection area shall terminate one year from the effective date of this article unless, within the time specified in Subsection B(1) of this section, the owner or mortgagee, or both, apply to the Zoning Board of Appeals to contest said termination date and request an additional period of time to a date which the ZBA finds would provide a reasonable amortization period, given the objectives herein.

Notice of termination.

Hearing.