Bellport esplanade and greenway overlay. The Greater Bellport Land Use Plan recommends the creation of a linear park or esplanade by the "public assemblage of the shallow and narrow lots created between Montauk Highway and the LIRR tracks." The plan advises that these lots are "problematic and have developed chaotically without benefit of landscaping and adequate parking facilities due to their small size" and that "preservation of the parcels or environmental restoration of these properties will both remove commercial blight and provide a recreational activity for the residents of Greater Bellport." The Plan recognized that this would be "a tremendous challenge to accomplish." The Bellport Esplanade and Greenway Overlay identifies the parcels within the esplanade and incentivizes the creation of the esplanade by providing opportunities within the Greater Bellport Opportunity Overlay and the Hagerman Hamlet Center Overlay to increase the residential base density by dedication of parcels within the esplanade.

The Bellport Hamlet Center Overlay. This overlay will continue to allow uses within the underlying zoning district(s) as well as allowing a new high-density residential use in the areas identified and recommended by the Greater Bellport Land Use Plan for high-density residential. The overlay also provides an opportunity to increase the seven units/acre overlay residential base density by providing extra sanitary capacity, 100% affordability, construction of a service or use identified as being substantially underserved within the community, use of high-quality, fire-resistant structural materials, green energy technologies and housing for those who have special needs, thereby achieving additional goals and recommendations of the Greater Bellport Land Use Plan.

Greater Bellport Opportunity Overlay. This overlay area contains one of the last large blocks of vacant residentially zoned property within the Greater Bellport area. The Greater Bellport Land Use Plan indicates that "there is very little housing choice in the Greater Bellport area where 98% of the housing consists of single-family residences." The plan states that "there are entire blocks of undeveloped land in the study area, i.e. between Hoffman Avenue and Bourdois Avenue & by the Boys and Girls Club on Atlantic Avenue, whose development could help to reshape the community." The Greater Bellport Land Use Plan also identifies "Mansion Flats" that are typically a larger dwelling made up of two, three or four individual units and that "opportunities for large lot redevelopment with "mansion flats" exist on large blocks of residentially zoned property held by Suffolk County within the Study Area." This overlay will allow uses within the underlying zoning district(s) as well as by the Planning Board by special permit, multifamily housing thereby enabling the two-, three- or four-unit "Mansion Flats" and similar multifamily housing recommended by the Greater Bellport Land Use Plan. The overlay also provides an opportunity to increase the two units/acre overlay residential base density by providing 100% affordable or workforce housing, dedication parcels within the Bellport Esplanade and Greenway, use of high-quality, fire-resistant structural materials, green energy technologies and housing for those who have special needs, thereby achieving additional goals and recommendations of the Greater Bellport Land Use Plan.

Hagerman Hamlet Center Overlay. The Greater Bellport Land Use Plan designated the general area covered by the Hagerman Hamlet Center Overlay as a hamlet center and recommended J-6 Main Street Business District for the hamlet center area. For existing automotive uses within or adjacent to the hamlet center, J-5 Heavy Commercial was recommended as the J-5 permits automotive related uses. However, since the Plan's adoption in 2014, the commercial market has continued to shrink for a variety of reasons but generally attributed to increasing amounts of internet sales. The advent of the COVID-19 pandemic has accelerated this trend. The existing J-6 Main Street Business District permits first floor commercial, second floor office or residential use and third floor residential use. While the overlay will continue to allow uses within the underlying zoning district(s), it will offer the opportunity by the Town Board by special permit for multifamily housing that will permit residential use on the first, second and third floors subject to a requirement that a minimum of 50% of the first-floor frontage along Montauk Highway shall be devoted to commercial uses. The Greater Bellport Land Use Plan also acknowledged that "the community is saturated with services dedicated to motor vehicles; over 30 parcels contain automotive repair shops, used car establishments or junkyards" and that the "myriad of automotive uses on Montauk Highway appear chaotic and unruly, spill their operations out onto the sidewalks or right of ways become eyesores and attractive nuisances." The Greater Bellport Land Use Plan indicates that these sites shall be encouraged to comply with design standards, to contain their operations with their property boundaries and provide adequate buffers to neighboring residential properties. However, since adoption of the Greater Bellport Land Use Plan in 2014, there has been little or no visual change or compliance with the design standards. Therefore, while the overlay will continue to allow uses within the underlying zoning district(s), it will also offer the opportunity by the Town Board by special permit for high-density housing as encouragement to redevelop these sites. The overlay also provides an opportunity to increase the five units/acre overlay residential base density by providing extra sanitary capacity, 100% affordable or workforce housing, dedication parcels within the Bellport Esplanade and Greenway, use of high-quality, fire-resistant structural materials, green energy technologies and housing for those who have special needs thereby achieving additional goals and recommendations of the Greater Bellport Land Use Plan.

Bellport Hamlet Center Overlay designation.

Suffolk County Tax Map parcels numbers (or as may be consolidated, apportioned, or renumerated).

Greater Bellport Opportunity Overlay designation.

Suffolk County Tax Map parcels numbers (or as may be consolidated, apportioned, or renumerated).

Hagerman Hamlet Center Overlay designation.

Suffolk County Tax Map parcels numbers (or as may be consolidated, apportioned, or renumerated).

Bellport Esplanade and Greenway Overlay designation.

Suffolk County Tax Map parcels numbers (or as may be consolidated, apportioned, or renumerated).

Maximum permitted height.

Residential unit size regulations.

Civic space and recreational requirements. Civic space and recreational areas, including squares, private plazas, greens, and public parks, shall be intermixed throughout the development for social activity, recreation, and visual enjoyment.

Minimum outdoor recreational area shall be equal to the number of units multiplied by 200 square feet.

Pedestrian and bicycle access.

Affordable and workforce housing shall be provided in accordance with Chapter 85, Article XIII, Affordable and Workforce Housing.

Residential units that are equal to or less than 450 square feet shall be calculated as 1/2 units for the purposes of complying with the base density and density increase criteria contained herein.

Increases in density and intensity granted herein shall not require the redemption of Pine Barrens Credits.

Maximum residential density.

Permitted uses.

Base density. The maximum base density shall be seven units per acre.

Density increase criteria. The Planning Board may increase permitted base density by the following:

Permitted uses. All principal and accessory uses permitted within the underlying zoning district(s) shall be permitted.

Planning Board special permit. When authorized by the Planning Board by special permit, multifamily housing use shall be permitted subject to the criteria as set forth in this chapter, in addition to the density increase criteria contained herein:

Permitted uses. All principal and accessory uses permitted within the underlying zoning district(s) shall be permitted.

Town Board special permits. When authorized by the Town Board by special permit, multifamily housing use shall be permitted subject to the criteria as set forth in this chapter, in addition to the density increase criteria contained herein:

Base density. The maximum base density shall be five units per acre.

Montauk Highway frontage: A minimum of 50% of the first floor frontage along Montauk Highway shall be devoted to commercial uses.

Density increase criteria. Permitted base density may be increased by the following:

Nothing herein shall be construed to require the Town Board or the Planning Board to grant maximum or any increase in density.

If any clause, sentence, paragraph, section or item of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair nor invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph, section or item directly involved in the controversy in which such judgment shall have been rendered.

This article shall not be construed to supersede any federal, or state, or county laws or regulations, nor shall this article be interpreted in a manner as to bring it into conflict with federal, or state, or county laws.

All development/redevelopment within this district shall be subject to the requirements, procedures and guidelines specified herein, in addition to those standards of this chapter. When there is a conflict, the standards of §§ 85-607 through 85-614 will apply.

The Town Board of the Town of Brookhaven hereby finds and determines that increasing demand for development on property containing freshwater and tidal wetlands and surface waters may adversely impact and impair such natural resources. It is the purpose of this overlay zoning district to implement and achieve the objectives of the Town Board by providing additional protection for property in areas identified as wetlands and surface waters and their adjacent buffer zone areas.

Thus, it is the Town Board's intent and goal that this new zoning district will provide for the additional protection of freshwater and tidal wetlands and surface waters as follows:

A minimum buffer zone of 100 feet extending landward from the wetland or surface water, whichever is greater, shall be required when determining yield and must be indicated on the yield map.

For lots located entirely within the Wetland Overlay District, unless a greater lot area is required by the underlying zoning district, the minimum required lot area shall be 200,000 square feet, excluding lands underwater and surface water.

For lots that are proposing a land division or subdivision and are located partially within the Wetland Overlay District, yield shall be based upon the following:

The calculation of yield shall only apply to those lots that contain wetlands or that are adjacent to surface waters.

No clearing, grading, dumping, filling or construction of a primary structure shall be permitted within that portion of the site designated as wetlands.

Development within a buffer zone shall only be permitted in accordance with a wetlands and waterway permit issued pursuant to Chapter 81, Wetlands and Waterways, of the Brookhaven Town Code.

The Town Board shall establish an Historic District Advisory Committee, which shall advise the Commissioner on all matters relative to existing or proposed historic districts, historic district transitional areas or historic landmarks prior to the time that said Commissioner makes his/her recommendations to the appropriate governmental agency or acts in his/her own capacity in accordance with the powers and duties enumerated elsewhere in this article.

The Historic District Advisory Committee shall be appointed by the Town Board and shall be composed of Town citizen members who are neither elected nor appointed Town officials and who are not Town employees. Members, at the rate of one person representing each historic district, shall also be appointed. Additional members, at the rate of one representing each historic district established hereafter, shall also be appointed. A member may represent more than one historic district. A quorum of the Historic District Advisory Committee shall be three members. Members shall be appointed in accordance with the following:

Commencing February 1, 2013, all members shall be appointed according to the following schedule: three members for a term of one year; three members for a term of two years; three members for a term of three years; and all other members for terms of four years. Upon the expiration of each of said terms, reappointments shall serve for terms of four years each. Said members, except the Chairman, shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their duties. The Chairman will receive an annual salary, which shall be set from time to time by the Town Board, in addition to being reimbursed for expenses incurred in the performance of his duties.

At least one member of the Historic District Advisory Committee shall be a registered architect, and the remaining members shall be qualified to serve by reason of their interest, training or experience in achieving the objectives of this article. The Town Historian shall serve ex officio on this Committee.

The Town Board shall appoint one member to be the Chairman of said Committee and shall appoint all new members in the event that vacancies occur. If a vacancy shall occur, it shall be filled by the Town Board for the unexpired term; however, no such appointment shall exceed four years.

An historic district shall be established by the Town Board after holding duly advertised public hearing on the matter and after receiving a written recommendation or report by the Commissioner. A petition with the signatures of owners of a minimum of 20% of the area to be designated by the Commissioner, excluding any school district property, will be required before the Commissioner makes his/her recommendation. The minimum of 20% of the area to be designated shall be calculated to be either 20% of the number of total number of parcels to be designated or 20% of the total acreage to be designated. Said area shall include owners of land who have any portion of their parcel contained within the area designated by the Commissioner. Said area shall not include owners of parcels adjacent to, abutting or across the street from areas designated by the Commissioner. All historic districts and historic district transitional areas shall be officially shown on the Town Zoning Map.

Exclusions.

An historic landmark may be established by the Town Board after holding a duly advertised public hearing on the matter and after receiving a written recommendation or report by the Commissioner. Written notice of the public hearing must be given to the owner of said property as shown on the current Town of Brookhaven assessment roll not less than 10 days prior to the date of the public hearing.

To serve as the general administrative and review official with the specific powers and duties enumerated elsewhere in §§ 85-633 through 85-641.

To prepare the necessary studies, research investigations and consultations, prepare the necessary maps, reports and other material and undertake such other assignments as it deems appropriate and as may be requested by the Town Board, all directed toward the establishment and preservation of historic districts, historic district transitional areas or historic landmarks.

To recommend to the Town Board the establishment of historic districts or historic landmarks, including their boundaries and a general description of the special features and characteristics of such districts or landmarks after study.

To review all applications for building permits, moving permits, demolition permits, special use permits, sign permits, variances, site plans, changes of zone, subdivisions (including elevations), land divisions and any other land use application submitted to the Planning Board, Board of Zoning Appeals or Town Board in historic districts, historic district transitional areas or historic landmarks to determine what effect their granting may have on their special character to be preserved.

To review all applications for building permits, moving permits, demolition permits, special use permits, sign permits, variances, site plans, changes of zone, subdivisions (including elevations), land divisions and any other land use application submitted to the Planning Board, Board of Zoning Appeals or Town Board concerning the exterior of buildings in historic district transitional areas to determine what effect their granting may have on the special character to be preserved in the adjacent historic district.

To review all municipal proposals relative to structures within an historic district, historic district transitional area or historic landmark.

To utilize the services of special consultants to assist in the resolution of specific problems.

To consult with and offer suggestions to property owners, residents and tenants in an historic district, historic district transitional area or historic landmark to help implement the objectives of this article.

To refer applications to the Historic District Advisory Committee, on all matters relative to existing or proposed historic districts, historic district transitional areas or historic landmarks and to refer all applications for building permits, moving permits, demolition permits, special use permits, sign permits, variances, site plans, changes of zone, subdivisions (including elevations), land divisions and any other land use application submitted to the Planning Board, Board of Zoning Appeals or Town Board in historic districts, historic district transitional areas or historic landmarks.

Applications for building permits, moving permits, demolition permits, special use permits, sign permits, variances, site plans, changes of zone, subdivisions (including elevations), land divisions and any other land use application submitted to the Planning Board, Board of Zoning Appeals or Town Board within historic districts, historic district transitional areas or historic landmarks shall be referred to the Commissioner by the Chief Building Inspector, the Board of Zoning Appeals, Planning Board, Town Clerk or any other department or division which accepts the aforementioned land use applications.

The Commissioner shall then review the applications and plans in accordance with the provisions of §§ 85-633 through 85-641. In making his/her review, the Commissioner may confer with the applicant or its authorized representative and shall, in making his/her determination, consider the following:

By specific request in a particular case, the Commissioner may require the submission of such plans, reports, maps, exhibits, photographs or drawings as are necessary for his/her determinations. These submissions shall include but not be limited to site plans, architectural plans, landscaping plans, proposed signs, proposed exterior lighting, proposed construction materials, proposed door, window and facade design details and photographs or drawings indicating visual relationships to adjoining buildings and spaces in the historic district, historic district transitional areas or historic landmark.

After his/her review and examination of the items submitted and subsequent to such further deliberations as he/she deems necessary, but within 45 days of the receipt of the application and accompanying items for review, unless the time period is extended as mutually agreed upon by the Commissioner and the applicant, the Commissioner shall issue a favorable recommendation to the Chief Building Inspector, Chairman of the Board of Zoning Appeals, Planning Board Chairman, Town Clerk, or any other referring department or division only if he/she finds that the proposal or a modification thereof is in fact appropriate to the character, appearance and efficient functioning of the historic district. When the recommendation is for denial, the Commissioner shall state the reasons given for such recommendation.

In an historic district, historic district transitional area or historic landmark, no permit shall be issued to erect or alter a building, structure or sign or to move or demolish a building, structure or sign in such manner as to change the outside dimensions or exterior appearance unless and until a recommendation has been received by the Commissioner. Likewise, no special use permit or variance shall be granted by the Board of Zoning Appeals or Planning Board until a recommendation by the Commissioner has been received.

Demolition permits.

In such instances where the Commissioner shall recommend more- or less-restrictive regulations than those authorized in §§ 85-633 through 85-641, in the Town Subdivision Regulations[1] and in other Town ordinances in order to accomplish the purposes of §§ 85-633 through 85-641, the Town Board, Commissioner, Chief Building Inspector, Board of Zoning Appeals and Planning Board shall be empowered to adopt and enforce such more- or less-restrictive regulations.

Any person aggrieved by any decision of the Commissioner or Chief Building Inspector under §§ 85-633 through 85-641 may appeal such decision to the Board of Appeals in the same manner as is provided for zoning appeals; and the Board of Appeals, after proceeding in the same manner as is provided for zoning appeals and with the same power and authority vested in said Board of Zoning Appeals, when passing upon appeals before it, under the provisions of Town Law, may reverse, modify or affirm the decision of the Commissioner or Chief Building Inspector.

No owner, person or entity with a legal interest in a property included within a designated historic district, historic district transitional area or a designated historic landmark shall fail to maintain the landmark or property in accordance with the standards set forth at Chapter 82, Neighborhood Preservation, § 82-3, and/or Chapter 49, Property Maintenance, of the Code of the Town of Brookhaven, nor shall any such owner, person or entity permit the property to fall into a state of disrepair so as to result in the deterioration of any exterior architectural feature which would produce a detrimental effect upon the character of the designated historic district as a whole or the life and character of the designated landmark itself. Examples of such deterioration include:

Nothing contained in §§ 85-633 through 85-641 shall be construed to prevent the maintenance and repair of any exterior architectural feature or premises in an historic district, historic district transitional area or historic landmark, excluding a change in design, material or the outward appearance thereof.

In order to prevent property owners from allowing buildings and structures in historic districts or historic landmarks to deteriorate and decay through neglect so that they may ultimately have to be demolished because of unsafe or dangerous conditions, the Chief Building Inspector, after conferring with the Commissioner, may require that the defects be corrected at the earliest possible time.

Sections 85-633 through 85-641 shall not apply in any case where the Chief Building Inspector, after conferring with the Commissioner, orders or directs the construction, alteration, removal or demolition of any building or structure in an historic district, historic district transitional area or historic landmark for the purpose of remedying conditions determined to be unsafe or dangerous to the life, health or property of any person.

Any owner, person or entity who or which demolishes, alters, constructs or permits a property within a designated historic district, historic district transitional area or a designated historic landmark to fall into a state of disrepair or otherwise in violation of this chapter, or causes, allows or permits a violation of any permit, approval, covenant or restriction, or any condition imposed by the Town Board, the Zoning Board of Appeals or the Commissioner, shall be required to restore the property and the site to its appearance before the violation, in full compliance with this chapter, and in full compliance with any permit, approval, covenant or restriction and any condition imposed in said grant/permit. Any action to enforce this provision shall be in addition to and not in lieu of criminal penalties and other available remedies.

Any owner, person or entity who or which partially or totally demolishes a property within a designated historic district, historic district transitional area or designated historic landmark, without obtaining the required permit, approval or authorization, shall also be subject to a civil fine of up to the market value of the property, either before or after the violation, whichever is greater. Said civil fine shall be imposed by the Town Board after a public hearing providing for prior notice to the property owner listed on the most recent Town assessment roll, and an opportunity to be heard at the public hearing. In determining an appropriate civil fine, the Town Board may consider evidence of the willfulness of the offense; the extent of the demolition and its aesthetic effect; the overall effect on the surrounding community; the administrative costs avoided by the violation and the profit realized as a result of the violation. The Town Board's determination may then be judicially reviewed in a proceeding brought pursuant to Article 78 of the New York State Civil Practice Law and Rules, provided it is commenced within the governing statute of limitations. The Town Attorney may file and record a lis pendens for the civil fine during the pendency of any litigation. Upon expiration of the time within which to seek judicial review, or upon completion of the litigation, the civil fine imposed by the Town Board shall be assessed against the land on which the building or structure is or was located. The amount of such civil fine shall be reported to the Assessor of the Town as an amount to be levied and assessed against said premises to be included in the next succeeding assessment roll of the Town of Brookhaven to be thereafter prepared.

Purpose and intent.

The specific objectives of the Lawrence Aviation Overlay District are to:

The provisions contained within §§ 85-647 through 85-650 shall apply to all parcels within the Lawrence Aviation Overlay District as shown herein and as set forth in the Lawrence Aviation Land Use Plan.

The Lawrence Aviation Overlay District regulations are intended to supplement the regulations of the underlying zoning district(s). All development/redevelopment within this overlay district shall be subject to the requirements, procedures and guidelines specified in the following sections, in addition to those standards pertaining to the particular base zoning district in which the development occurs. When there is a conflict, the standards of this section will apply.

All principal and accessory uses permitted within the underlying zoning district(s) shall be permitted with the exception of the following uses:

All principal and accessory special permit uses within the underlying zoning districts, with the exception of the following uses, shall be permitted:

The following special permit uses, when authorized by the Planning Board, shall be subject to the criteria as set forth in Article VIA, § 85-107, in addition to the criteria contained herein:

The Chief Building Inspector shall place an advisory notice on all certificates of occupancy, or their equivalent, issued for parcels located within the Lawrence Aviation Overlay District. In addition, the Chief Building Inspector shall require certification from a certified testing laboratory as to the presence or absence of soil vapor intrusion from volatile organic compounds and the levels of same. In the event the certification from the certified testing laboratory indicates volatile organic compound levels in excess of federal, state or county government standards, the Chief Building Inspector shall require mitigation and/or remediation in accordance with said government standards before the issuance of a certificate(s) of occupancy.

All applications submitted for parcels within the Lawrence Aviation Overlay District shall include a soil management plan which shall provide soil and volatile organic compounds testing, and, as warranted, soil and/or volatile organic compound remediation to ensure safe development, if materials are proposed to be removed or if grading is to occur. All testing criteria utilized shall be in accordance with 6 NYCRR 375-6.8(a) and (b).

There shall be no increase in residential density permitted utilizing transfer of development rights credits.

Development rights from properties located south of the Setauket-Port Jefferson Station Greenway Trail may be transferred to the industrially zoned parcels to the north of the Setauket-Port Jefferson Station Greenway Trail in accordance with the following:

A minimum one-hundred-foot buffer consisting of natural and undisturbed vegetation, supplemented as needed with a density and quality of plantings equal to five rows of evergreen plantings seven feet high and five feet on center, shall be provided from any industrially zoned or used properties to all adjacent residentially zoned or used properties.

No disturbances of soils or vegetation within 150 feet of any wetland boundary or surface waters.

The provisions contained within §§ 85-647 through 85-650 shall apply to all parcels within the Lawrence Aviation Overlay District as indicated below and as set forth in the Lawrence Aviation Land Use Plan.

The Lawrence Aviation Residential Overlay District regulations are intended to supplement the regulations of the underlying zoning district(s). All development/redevelopment within this overlay district shall be subject to the requirements, procedures and guidelines specified in the following sections, in addition to those standards pertaining to the particular base zoning district in which the development occurs. When there is a conflict, the standards of this section will apply.

All principal and accessory uses permitted in the underlying zoning districts shall be permitted with the exception of the following:

All special permit principal and accessory uses shall be permitted.

The Chief Building Inspector shall place an advisory notice on all certificates of occupancy, or their equivalent, issued for parcels located within the Lawrence Aviation Overlay District or Lawrence Aviation Residential Overlay District. In addition, the Chief Building Inspector shall require certification from a certified testing laboratory as to the presence or absence of soil vapor intrusion from volatile organic compounds and the levels of same. In the event the certification from the certified testing laboratory indicates volatile organic compound levels in excess of federal, state or county government standards, the Chief Building Inspector shall require mitigation and/or remediation in accordance with said government standards before the issuance of a certificate(s) of occupancy.

All applications submitted for parcels within the Lawrence Aviation Overlay District shall include a soil management plan which shall provide soil and volatile organic compounds testing, and, as warranted, soil and/or volatile organic compound remediation to ensure safe development, if materials are proposed to be removed or if grading is to occur. All testing criteria utilized shall be in accordance with 6 NYCRR 375-6.8(a) and (b).

Notwithstanding the provisions contained within § 85-136A(7), for any parcel of land located within the Lawrence Aviation Overlay District which is located in more than one zoning district, the zoning requirements of each zoning district, as depicted on the Building Zone Map, must be met.

There shall be no increase in residential density permitted utilizing transfer of development rights credits.

It is the intent of §§ 85-652 through 85-668 to create and implement herein a Transitional Area Overlay District ("the District"), consistent with the recommendations of the Montauk Highway Corridor Study and Land Use Plan for Mastic and Shirley Phase II ("the Plan"). Sections 85-652 through 85-668 are specifically enacted to effect the District, which will cover that portion of the Montauk Highway Corridor lying between the two Main Street Business District centers in Shirley and Mastic. The Plan, which has identified this portion of said corridor as a major transportation route, has recommended the adoption of the District to enhance the aesthetic and visual character of this corridor, creating and providing visual definition for this area.

The area lying within the District has long been recognized as an area in need of revitalization. Adoption and implementation of this overlay district would encourage and allow the application of enhanced land use standards which would promote the coordinated orderly development of the parcels included within it and reduce the unintended effect of urban sprawl. The overall intended goal is to encourage and promote improved architecture, landscaping and setbacks, through the use of incentives. The incentives, provided as a voluntary option for those parcels within the District, such as an expanded list of permitted uses, greater FAR and reduced parking requirements for second-story uses, would allow for the ability to increase allowable and perhaps better suited uses than those provided in the underlying zoning. In addition, added site design and development standards intended to provide greater setbacks and buffering along Montauk Highway would improve aesthetics and enhance values between the Main Street Business Districts of Shirley and Mastic. As this incentive-based district is promoted yet voluntary, the subject parcels retain the option for development under the existing zoning.

It is anticipated that the District, intended to supplement the regulations of the underlying zoning districts while providing incentives for more creative design and compatible development along the Montauk Highway corridor, will allow existing businesses to reinvest in improvements while promoting alternative and economically viable uses which improve the aesthetics and function of this transitional portion of the corridor.

The specific objectives of the District are to provide incentives which will encourage design and use features deemed via the Plan to be more desirable which will:

The provisions contained in §§ 85-652 through 85-668 shall apply to all properties within the Montauk Highway Corridor Transitional Area Overlay District as shown herein and as set forth in the Montauk Highway Corridor Study and Land Use Plan for Mastic and Shirley Phase II.

Uses permitted in the underlying zoning without incentives will continue to be permitted. With the enactment of §§ 85-652 through 85-668, and through the use of this overlay district, as well as other companion laws, uses identified in the Plan as appropriate for a transitional area (set forth herein as "incentive uses") will now be permitted in the underlying zoning districts. This will allow for expanded development opportunities for the District parcel owners, by providing development incentives set forth below. In an effort to realize the goals and objectives of the Town in creating this District, as opposed to changing the zoning designation of the underlying parcels, a parcel exercising the option to avail itself of the incentive uses will be subject to development which meets the setback, design and landscape standards as set forth herein.

In order to effectively promote the goals and intent of the Montauk Highway Corridor Study and Land Use Plan for Mastic Shirley Phase II without the more pervasive effect of actually changing the zoning classifications on the parcels deemed to be located within the District, §§ 85-652 through 85-668 seek to obtain the desired goals through the means of incentives as opposed to mandates which, due to preexisting development, may be too onerous. While compliance with the enhanced standards is ultimately the objective of the District, it is anticipated that as property owners are able to cost effectively redevelop their properties in conformance herewith by virtue of the expanded or incentive uses or other such incentive that they will do so.

The incentives which have been identified as most effectively achieving the Town's goals while mutually benefitting the property owners and which are offered herein are:

Landowners and developers of land within the Montauk Highway Corridor Transitional Area Overlay District may pursue development for uses in conformance with the existing zoning of sites or may follow the procedure outlined herein to pursue a development consistent with the goals of this chapter.

A yield map may be prepared to establish the maximum allowable density under the current zoning (illustrating conforming building, parking and landscaping). In the Hoover Court Area, use of the parking easement area may be used to establish yield as is customary in this area and shall be used in lot area in calculating floor area ratio (FAR).

Upon receipt of an application for development within the Montauk Highway Corridor Transitional Area Overlay District, the Planning Commissioner or his/her designee shall review and consider the proposed development.

In review of an application, the Planning Commissioner or his/her designee shall determine whether the project is eligible to receive incentives as outlined herein. Such eligibility shall be determined upon the project's compliance with the design standards set forth herein, and in compliance such project shall be deemed to meet the intent of this section.

A project deemed by the Planning Commissioner or his/her designee to meet the intent of this section shall have an administrative review by said Commissioner or his designee.

If the maximum building size allowable under these standards is less than allowable by the yield map, the applicant may petition the Planning Board to relax this standard by a maximum of 10%, and the Planning Board is herein empowered and authorized to relax said standard up to said maximum upon a finding that it is the minimum amount necessary to permit the alternative development.

Minimum front yard setback.

Required side yard setback.

Required rear yard.

Floor area ratio (FAR).

Height.

Second-story residential density.

Parking requirements shall be based upon the requirements of § 85-852, with the exception of mixed-use buildings containing office space or residential use on the second floor where a reduced parking rate may be applied. Required parking for the second-floor portion of mixed-use buildings within the Transitional Area Overlay District shall be based upon one stall per 500 square feet of floor area.

All parking shall be located, to the greatest possible extent, in the rear and/or side yard areas of structures fronting Montauk Highway as determined by the Planning Board or the Planning Commissioner.

Parking lots for passenger vehicles, permitted prior to the adoption of the District, may be permitted in a required front yard, provided that said parking area is located to the rear of a twenty-five-foot landscape buffer area. The intent is to ultimately relocate all front yard parking behind the actual building setback. The Planning Board, upon consideration of the existing character of the site and of the surrounding community and land uses, may waive or modify said requirement, provided the intent to provide the maximum possible landscaping along Montauk Highway is met.

In the Hoover Court Area, parking shall be permitted in the required front yard which faces Hoover Court, provided that a minimum twenty-foot landscaped area is established adjacent to the Hoover Court right-of-way. No parking is to be located in the required setback area fronting Montauk Highway.

Coordinated access is encouraged. To the extent allowable, any property within the Transitional Area Overlay District shall be coordinated with adjacent properties and shall attempt to eliminate curb cuts onto Montauk Highway in favor of access from side streets, interconnection between parking lots and shared curb cuts with cross-access agreements. To the extent allowable by law, the Planning Board or the Planning Commissioner, as part of site plan review, may request the consent of the applicant/owner for future access to or from an adjoining property to allow interconnection between parking lots and shared curb cuts. In such cases, where it has been agreed to or required, the applicant/owner shall file a cross-access agreement in a form satisfactory to the Town Attorney. The above cross-access agreement shall not apply to single- or two-family residences.

Where proposed parking is insufficient, the Planning Board is hereby empowered to consider shared parking to the extent of up to a deficiency of 10% where cross-access agreements between adjoining property owners ensure that adequate parking is provided. In the alternative, or in addition thereto in order to achieve the purposes of §§ 85-652 through 85-668, where deemed appropriate by the Planning Board, said Board may, in the alternative to meeting the parking requirements herein, give credit for payment in lieu of parking (PILOP) by contributing funds on a per-parking-stall basis. PILOP payments will be deposited to a designated account for use in creating parking opportunities within the area of the Montauk Highway Transitional Area Overlay District.

For projects being developed in accordance with §§ 85-652 through 85-668, the Planning Board and Planning Commissioner or his designee shall consider architectural appearance as part of site plan review. The following shall apply to new structures, including additions to existing structures or those undergoing rehabilitation of greater than 50% of their assessed value.

Architectural plans, including elevation plans, proposed materials, color and related architectural information, shall be submitted in connection with site plan review. If design and material of all elements of the building comply with these guidelines, the Commissioner or his designee can approve the architectural plans in lieu of the Planning Board.

For projects being developed in accordance with §§ 85-652 through 85-668, architectural lighting shall be recessed under roof overhangs or generated from a concealed source of low-level light fixtures.

Site lighting shall be of low intensity from a concealed source, shall be of a clear white or amber light, and shall not spill onto adjoining properties, buffers or roadways. All development plans must show the relationship of light to adjacent properties and the roadway corridor. Overhead lights shall utilize "cut off" refractors as controls.

Decorative, low-level intensity, nonconcealed-source, pole-mounted lighting that defines vehicular and/or pedestrian ways shall be acceptable for that purpose, and traditional-styling and fixtures are strongly encouraged.

No backlighting of signs is permitted.

For projects being developed in accordance with §§ 85-652 through 85-668, a landscape plan compatible with the specifications contained herein shall be submitted in conjunction with the project. Such plan shall be drawn to scale, include dimensions and distances, and clearly delineate all existing and proposed vehicular, bicycle and pedestrian movement, including parking. The location, size and description of all landscaping materials shall be indicated. Landscape plans shall be reviewed for adequate screening and buffering of residential uses.

For the Hoover Court Area, a twenty-foot landscape buffer is required from the Hoover Court right-of-way.

The following requirement shall apply:

Purpose and intent. The purpose and intent of this section is to: enhance the use of publicly visible displays/signs within the District; to enhance property values and the character of this arterial highway; and to protect the health, safety, and welfare of the public in use of these roadways. The regulations contained in this section are intended to provide fairness for all uses along the corridor, and permit signs to be clearly visible, while controlling sign clutter, improving the aesthetic appeal of signs, minimizing visual distractions to motorists, promoting convenience for passersby and ensuring a reasonable level of visibility for businesses along the corridor.

Standards.

Purpose and intent. The uses herein shall be permitted on any parcel within the defined Montauk Highway Corridor Transitional Overlay District which meets the enhanced standards set forth herein.

Development pursuant to all uses identified herein as incentive uses shall comply with the site development review standards contained in this part or except as previously and specifically addressed within §§ 85-652 through 85-668. The following uses have been determined to be low-intensity uses in terms of trip generation, etc., and appropriate uses for the form desired along the transitional area, i.e., residential in style.

The Planning Board shall be authorized to permit, where appropriate, specific special permit incentive uses within the District; subject to the criteria as set forth in Article VIII, § 85-107, in addition to the criteria contained herein. Similar to the incentive permitted uses, the intent is to encourage, promote and provide incentives for alternative uses to general business, in a manner that establishes less intense uses and improved aesthetics between the more established hamlet centers in Shirley and Mastic. The following uses, while achieving the goals of this part, may be construed as more intense than the permitted uses, and are more appropriate as uses which require an incentive special permit from the Planning Board.

Purpose and intent.

The specific objectives of the Route 25A Hamlet Center Overlay District are to:

The provisions contained in §§ 85-674 through 85-687 apply to all properties within the District. The parcels within the District are as follows:

Under existing rules and regulations, the development and redevelopment of property within the District is permitted pursuant to Chapter 85 of the Town Code or after the issuance of a variance by the Board of Zoning Appeals. With the enactment of §§ 85-674 through 85-687, it is intended to provide additional development standards on lots designated within the District.

There shall be no alteration of the existing condition of the lands, uses or structures within the District from the date of enactment of §§ 85-674 through 85-687 henceforth, except as provided for by this section or by other sections of §§ 85-674 through 85-687.

Legally existing uses shall continue and the provisions for their compliance with §§ 85-674 through 85-687 shall be incorporated into site plan review at the time of redevelopment or alteration.

Streetscape improvements. Site development should include streetscape improvements. These improvements are considered as those architectural or functional facilities or structures that occur on site but are not part of the building and that encourage and facilitate human interaction with the built environment. Examples include, but are not limited to, the following: decorative light fixtures, fountains, sculptures, benches and tables, planters, landscape treatments, retaining walls, pedestrian and bicycle paths, decorative sidewalk and crosswalk treatments, bicycle parking structures, trash receptacles and enclosures, and fences. These improvements shall be designed to be consistent with all requirements herein and shall be reviewed for aesthetic functionality and compatibility with the character of the commercial business district.

Public spaces. For new development, redevelopment or major alteration of sites comprising five acres or more within the District, a public space shall be designed and incorporated into the site plan of the project. Provisions for maintenance and upkeep of the public space by the applicant and/or owner shall be provided. It is strongly urged that local community organizations and stakeholders be consulted and actively involved in the design of the proposed public space to ensure that it is in keeping with community needs and aesthetics.

Front yard setback.

Rear yard setback. Large commercial retailers within the Route 25A Hamlet Center Overlay District abutting a residential district shall have a minimum rear yard setback of 150 feet.

All parking shall be located in the rear yard area.

There shall be no parking provided in front of the building setback.

Parking lots for passenger vehicles, permitted prior to the adoption of the District, may be permitted in a required front yard, provided that said parking area is enhanced as per an approved landscape plan and provides pedestrian amenities such as street furniture and landscaping.

Loading docks and service areas shall not be permitted on the frontages.

On-street parking adjacent to the development of the site may be included in meeting the parking requirement.

There shall be no more than one access point per roadway. All excess curb cuts and points of ingress and egress onto the designated corridor shall be eliminated where possible.

During redevelopment of previously developed sites where more than one ingress and egress point exists, every effort shall be made to consolidate them into a single point of access which accommodates both ingress and egress.

Access between properties within the District shall be coordinated with adjacent properties and shall provide cross access between neighboring parcels.

A fee in lieu of required parking shall be required for improvements and maintenance of municipal parking facilities.

For new structures, including additions to existing structures and those structures undergoing rehabilitation of the frontage, design must be in conformance with the architectural guidelines of the Plan.

The Planning Board, as part of its site plan review, may require additional architectural elements, such as front porches, decorative shutters, awnings, and display windows. The design of all elements of the building and the materials utilized shall be subject to Planning Board or the Commissioner's approval during site plan review.

Architectural lighting shall be recessed under roof overhangs or generated from a concealed source of low-level light fixtures.

Site lighting shall be of low-intensity from a concealed source, shall be of a clear white or amber light and shall not spill onto adjoining properties, buffers or roadways. All development plans must show the relationship of light to the roadway corridor. Overhead lights shall utilize "cut off" refractors as controls.

Decorative, low-level intensity, nonconcealed source lighting that defines vehicular and/or pedestrian ways shall be acceptable for that purpose.

A landscape plan shall be submitted in conjunction with the development, redevelopment or alteration of parcels within the District and demonstrate compliance with the recommendations contained within the adopted Plan.

The landscape plan shall be drawn to scale, include dimensions and distances, and clearly delineate all existing and proposed vehicular, bicycle and pedestrian movement, including parking. The location, size and description of all landscaping materials shall be indicated. Only native species in accordance with 85 Attachment 7, Figure 5-2, shall be utilized.[1]

For properties located adjacent to Route 25A and/or Town and county roadways, one street tree shall be provided every 30 feet, and a vegetated buffer shall be provided between the roadway(s) and the sidewalk(s) along the perimeter of the frontage(s).

For large commercial retailers within the Route 25A Hamlet Center Overlay District on parcels not vegetated or largely devoid of vegetation, a minimum of 100 feet of the one-hundred-fifty-foot required setback shall be revegetated in a manner prescribed by the Town Code and detailed in a vegetation plan.

Outdoor storage shall be permitted if permitted in the underlying zoning district.

If permitted, all outdoor storage areas shall be visually screened from public view, internal roadways and adjacent property(ies). All screening shall be of sufficient height to screen storage areas from view and shall be landscaped. Outdoor storage, for the purposes of this section, shall include the parking of all company-owned and -operated vehicles, with the exception of passenger vehicles.

Purpose and intent.

The specific objectives of the Route 25A Transition Overlay District are to:

The provisions contained in §§ 85-688 through 85-702 apply to all properties within the District. The parcels within the District are as follows:

There shall be no alteration of the existing condition of the lands, uses or structures within the Route 25A Overlay District from the date of enactment of §§ 85-688 through 85-702 henceforth, except as provided for by this section or by other sections of §§ 85-688 through 85-702.

Legally existing uses shall continue and the provisions for their compliance with §§ 85-688 through 85-702 shall be incorporated into site plan review at time of redevelopment or alteration.

Upon receipt of an application for development, redevelopment or alteration within the District, the Planning Commissioner, or his/her designee, shall review and consider the proposed development.

There shall be no alteration of the existing condition of the lands, uses or structures within the District from the date of enactment of §§ 85-688 through 85-702 henceforth, except as provided for by this section or by other sections of §§ 85-688 through 85-702.

Legally existing uses shall continue and the provisions for their compliance with §§ 85-688 through 85-702 shall be incorporated into site plan review at the time of redevelopment or alteration.

Minimum front yard setback.

Single-family and two-family residences shall be exempt from the provisions of this section.

All parking shall be located in the rear yard area.

There shall be no parking provided in front of the actual building setback.

Parking lots for passenger vehicles, permitted prior to the adoption of the District, may be permitted in a required front yard, provided that the parking area is located to the rear of a twenty-foot landscaped buffer area.

There shall be no more than one access point per roadway. All excess curb cuts and points of ingress and egress onto the designated corridor shall be eliminated where possible.

During redevelopment of previously developed sites where more than one ingress and egress point exists, every effort shall be made to consolidate them into a single point of access which accommodates both ingress and egress.

Access between properties within the District shall be coordinated with adjacent properties and shall provide cross access between neighboring parcels.

For new structures, including additions to existing structures and those structures undergoing rehabilitation of the frontage, design must be in conformance with the architectural guidelines of the Plan.

The Planning Board, as part of its site plan review, may require additional architectural elements, such as front porches, decorative shutters, awnings, and display windows.

Architectural lighting shall be recessed under roof overhangs or generated from a concealed source of low-level light fixtures.

Site lighting shall be of low-intensity from a concealed source, shall be of a clear white or amber light and shall not spill onto adjoining properties, buffers or roadways. All development plans must show the relationship of light to the roadway corridor. Overhead lights shall utilize "cut off" refractors as controls.

Decorative, low-level intensity, nonconcealed source lighting that defines vehicular and/or pedestrian ways shall be acceptable for that purpose.

A landscape plan shall be submitted in conjunction with the development, redevelopment or alteration of parcels within the District that is compatible with the recommendations contained within the adopted Land Use Plan.

The landscape plan shall be drawn to scale, include dimensions and distances, and clearly delineate all existing and proposed vehicular, bicycle and pedestrian movement, including parking. The location, size and description of all landscaping materials shall be indicated. Only native species in accordance with 85 Attachment 7, Figure 5-2,[1] shall be utilized.

One street tree shall be located every 30 feet along properties that are adjacent to the corridors. In addition, if a previously approved parking lot fronts along a designated corridor, and a twenty-foot-wide buffer cannot be provided as determined by the Planning Board, then an evergreen hedge will be planted and maintained along the frontage. The hedge should reach 24 inches in height at maturity and be continuous.

Outdoor storage shall be permitted if permitted in the underlying zoning district.