Islip City Zoning Code
ARTICLE XXIV
Use District Regulations: Planned Development District
§ 68-322 Legislative intent: Central Islip District.
[Amended 7-12-2005]
A.
The intent of this district is to encourage superior mixed use development in accordance with a Master Plan for the Central Islip Planned Development District (hereinafter the "Master Plan"), approved by the Town Board, which shall specify the location of land uses and the ultimate scale and density of development. Development in this district shall be in accordance with the approved Master Plan, which shall contain specific guidelines in terms of height, architecture, landscaping, streetscape, traffic mitigation and drainage.
§ 68-323 Designation of subdistricts.
The following subdistricts shall be spatially defined on the Master Plan and shall be so designated on the Official Map of the Town of Islip:
Educational Campus | (PDD-EC) |
Research - Industrial | (PDD-RI) |
Retail/Service | (PDD-RS) |
Office | (PDD-OFF) |
Residential | |
MF-Multiple Family | (PDD-MF) |
SC-Senior Citizen | (PDD-SC) |
Recreation | (PDD-REC) |
Municipal | (PDD-MUN) |
§ 68-324 Subdistrict regulations.
A.
Educational campus.
(1)
Permitted uses.
(a)
Not-for-profit colleges or universities, including but not limited to classrooms, libraries, student laboratories, lecture halls, studios, drafting rooms, computer rooms, galleries, administration offices, faculty and staff offices, student health centers and student activities building(s), but not including colleges or trade schools operated for profit, and not including the use of any building or other facility for commercial purposes.
[Amended 4-5-2005]
(b)
Churches or other similar places of worship, parish houses or cemeteries.
(c)
Fire substation.
[Added 12-2-2014]
(d)
Mini-storage warehouse.
[Added 5-15-2018 by L.L. No. 1-2018]
(e)
Health club.
[Added 5-15-2018 by L.L. No. 1-2018]
(f)
Public, private, or parochial school, including preschool programs, elementary and secondary schools and vocational schools.
[Added 6-13-2023 by L.L. No. 3-2023]
(2)
Uses permitted by special permit from Planning Board after a public hearing when consistent with § 68-324A(1)a.
[Amended 4-5-2005]
(a)
Conference centers, as a principal use.
(b)
Restaurants, luncheonettes, cafes and other places for the serving of food and beverages as a principal use subject to all other provisions of the Islip Town Code.
(c)
Staff housing in conjunction with an educational facility or other authorized use.
(d)
Assemblies and social recreation centers, as a principal use.
(e)
Power plants or facilities for the cogeneration of electricity and steam.
(f)
Public utilities where no commercial office, repair or storage facilities are maintained.
(g)
Hospitals, geriatric centers, nursing homes and health-related facilities licensed by the State of New York.
(3)
Permitted accessory uses.
(a)
The following uses shall be permitted within the district but must clearly be incidental to the principal use and shall not include any activity commonly conducted as a business:
[1]
Complementary academic, scientific or technological uses, applied research and developmental activities of a not-for-profit college or university.
[Amended 4-5-2005]
[2]
Storage buildings for products, merchandise or vehicles incidental or accessory to the authorized use.
[3]
Parking associated with authorized uses.
[4]
Housing for students only, in conjunction with an educational facility.
[5]
Cafeterias or eating and drinking establishments, when located within a building of authorized use.
[6]
Dormitories, fraternity or sorority houses.
[Amended 4-5-2005]
[7]
Bowling alleys within the student activities center.
[8]
Day-care centers licensed by the New York State Department of Social Services.
(b)
Other customary accessory uses, structures and buildings, provided that such uses are clearly incidental to the principal use and do not include any activity commonly conducted as a business.
(4)
Height.
[Amended 4-5-2005]
(a)
No structure shall be erected to a height in excess of 70 feet, except if adjacent to residential uses, which then shall be limited to 45 feet in height.
[Amended 5-15-2018 by L.L. No. 1-2018]
(5)
Percentage of lot occupancy and floor area ratio (FAR).
[Amended 4-5-2005]
(a)
The total lot area and the FAR of all principal and accessory buildings located on both sides of Carleton Avenue in the Educational Campus Subdistrict and on the east side of Carleton Avenue in the Recreation Subdistrict shall not exceed the following levels:
[1]
Percentage of lot occupancy: 8.75%.
[2]
Floor area ratio: 0.36.
[3]
The Planning Board may modify the lot area and the FAR for individual sites, provided that the aggregate lot area and the FAR for the entire subdistrict do not exceed the limits set forth herein, and provided that such modifications are consistent with the Master Plan.
(6)
Subdivision of lots. There shall be no subdivision of any property within this district, except as permitted in the covenants set forth in the deed of conveyance and letters patent for the subject property from the State of New York to the Town of Islip pursuant to Chapter 719 of the Laws of 1982, or any amendment thereto, and as approved by the Planning Board.
[Amended 12-2-2014]
(7)
Setback requirements.
(a)
All buildings hereafter erected shall be a minimum of 200 feet from the Carleton Avenue, the entire extent of which shall be landscaped or left in its natural condition.
(b)
All buildings hereafter erected shall be a minimum of 70 feet from all other public roads.
(c)
All buildings hereafter erected shall be a minimum of 20 feet from all private roadways.
B.
Research and industrial.
(1)
Permitted uses.
(a)
Office buildings, including medical offices.
[Amended 3-14-2023 by L.L. No. 2-2023]
(b)
Laboratories for scientific and industrial research, testing and development.
(c)
Manufacturing, warehousing, distribution and assembly, including warehousing and distribution of foods and food ingredients, with all activities entirely contained within enclosed buildings, excluding any use prohibited in an Industrial 2 District and the exclusive manufacturing or warehousing of furniture and construction materials.
[Amended 3-8-2011]
(3)
Permitted accessory uses. The following uses shall be permitted within the subdistrict but must be clearly incidental to the principal use:
(a)
Power plants or facilities for the cogeneration of electricity and/or steam.
(b)
Child day-care centers.
[Amended 4-8-1997 by L.L. No. 6-1997]
(d)
Other customary accessory uses, structures and buildings, provided that such uses are clearly incidental to the principal use and do not include any activity commonly conducted as a business.
(e)
Parking structures, subject to Planning Board approval.
(f)
Overnight parking of registered vehicles, subject to Planning Board approval.
[Added 3-8-2011]
(4)
Height.
[Amended 4-5-2005]
(a)
No structure shall be erected to a height in excess of 35 feet.
(b)
Exceptions. Office and manufacturing buildings may be erected to a height of 60 feet, provided that any portion of any building in excess of 35 feet is set back one additional foot for each one foot of additional height beyond the required setbacks from public streets, planned public streets or district boundary lines.
(5)
Percentage of lot occupancy.
(a)
The total lot area of any building on an industrial lot in this subdistrict shall not exceed 40%.
[Amended 4-5-2005]
(b)
The total floor area ratio of any building in this subdistrict shall not exceed 0.50.
[Amended 4-5-2005]
(c)
The Planning Board may modify the lot area and FAR for individual sites, provided that the aggregate lot area and FAR for the entire subdistrict do not exceed the limits set forth in Subsection B(5)(a) and (b) of this section and Article XLV, and provided that such modifications are consistent with the Master Plan.
(6)
Lot area.
(a)
There shall be a range of minimum lot areas in this subdistrict as follows:
[Amended 4-5-2005]
[1]
All lots shall have a minimum of one acre.
(b)
The location of all lots within this subdistrict shall be consistent with the Master Plan and approved by the Planning Board.
(c)
The requirement set forth above may be modified by the Planning Board by up to 25%, provided that such modifications are consistent with the Master Plan and reasonably necessary to permit appropriate development in the PDD.
[Amended 4-5-2005]
(7)
Width of lot.
[Amended 4-5-2005]
(8)
Setbacks.
(a)
Front yard setbacks from North Research Place and South Research Place (as shown on the Master Plan) shall be 50 feet, the entire extent of which shall be landscaped, except for approved driveways and sidewalks. The front yard setbacks of all other roads shall be 50 feet.
[Amended 4-5-2005]
(b)
Rear yard setbacks shall be a minimum of 25 feet.
(c)
Side yard setbacks shall be a combined minimum total of 50 feet, with a minimum ten-foot setback on any individual side.
(d)
All buildings erected on a corner lot shall also have a front yard on a side street. This front yard shall have a minimum setback of 25 feet.
(e)
All buildings erected on a through lot shall be set back a minimum of 25 feet from the secondary street.
(f)
All buildings located adjacent to a residential lot line shall be set back 95 feet from said lot line.
(g)
A minimum distance of 50 feet shall be provided between adjoining buildings or as otherwise approved by the Planning Board and consistent with the Master Plan.
(h)
The Planning Board may reduce or modify the setback requirements by up to 25%, provided that the same is consistent with the Master Plan and reasonably necessary to permit appropriate development in this subdistrict.
(9)
All buildings, except those already lawfully existing prior to April 18, 1989, located adjacent to a residential lot line shall be set back 95 feet from said lot line.
[Added 3-8-2011]
C.
Retail/service.
(1)
Permitted uses.
[Amended 6-22-1999; 4-5-2005]
(a)
Hotel, maximum of 300 guest rooms.
(b)
Retail.
[Added 6-13-2023 by L.L. No. 3-2023]
(c)
Personal service establishment.
[Added 6-13-2023 by L.L. No. 3-2023]
(d)
Art galleries.
(e)
Bowling centers.
(f)
Adult or child day-care center.
[Added 6-13-2023 by L.L. No. 3-2023]
(g)
Photography.
(h)
Business service establishments, including printing, office supplies, business machines and computers.
(i)
Motion-picture theaters containing not more than 20 projection screens nor more than 4,500 seats.
(j)
Offices, medical offices, banks.
[Added 6-13-2023 by L.L. No. 3-2023]
(k)
Other uses similar to those permitted as of right within this subdistrict and consistent with the Master Plan.
(l)
Churches or other similar places of worship, parish houses or cemeteries.
[Added 12-17-2019 by L.L. No. 3-2019]
(m)
Non-degree-granting schools, including self-defense, dance, swimming, gymnastics and similar instruction/programs, except those associated with manufacturing or truck driving.
[Added 1-24-2023 by L.L. No. 1-2023]
(n)
Health clubs.
[Added 6-13-2023 by L.L. No. 3-2023]
(2)
Uses permitted by special permit from Planning Board after a public hearing:
[Amended 4-5-2005]
(a)
Conference centers.
(b)
Performing arts centers.
(c)
Assembly or social recreation centers.
(d)
Restaurants, luncheonettes, cafes and other places for the serving of food, beverages, or both, whether served inside and/or outside a structure.
[Amended 7-12-2022]
(e)
Convenience stores.
[Added 6-13-2023 by L.L. No. 3-2023]
(f)
Single-user bulk retail establishment.
(g)
Public, private or parochial school, including preschool programs, elementary and secondary schools and vocational schools.
[Added 1-24-2023 by L.L. No. 1-2023; amended 6-13-2023 by L.L. No. 3-2023]
(3)
Permitted accessory uses.
(b)
Other customary accessory uses, provided that such uses are clearly incidental to the authorized principal use and do not include any activity commonly conducted as a business.
(4)
Height.
(a)
No building shall exceed 40 feet in height.
(b)
Exceptions.
[1]
Office buildings may be erected to a height of 60 feet, provided that any portion of any building in excess of 40 feet is set back one additional foot for each one foot of additional height beyond the required setbacks from public streets, planned public streets or district boundary lines.
[2]
A single hotel structure within the Retail/Service Subdistrict may be constructed to a height of 95 feet, subject to prior review and approval by the Planning Board, provided that the same is consistent with the Master Plan and reasonably necessary to permit appropriate development in this subdistrict.
[Amended 8-16-2001[1]]
[1]
Editor's Note: This amendment also provided an effective date of 12-9-2001.
(5)
Percentage of lot occupancy.
(a)
The total lot area of all buildings in the subdistrict shall not exceed 25% of the total area of the subdistrict.
[Amended 4-5-2005]
(b)
The floor area ratio (FAR) of this subdistrict shall not exceed 0.40.
[Amended 4-5-2005]
(c)
The Planning Board may modify the lot area and FAR for individual sites, provided that the aggregate FAR for this subdistrict does not exceed 0.25, and provided that such modifications are consistent with the Master Plan.
[Amended 8-16-2001[2]]
[2]
Editor's Note: This amendment also provided an effective date of 12-9-2001.
(6)
Subdivision of property within subdistrict. There shall be no subdivision of property within the Retail/Service Subdistrict. Exception: Lots may be subdivided, provided the created lots remain functionally joined to the original lot, subject to the review and approval of the Planning Board.
[Amended 4-5-2005]
(7)
Setbacks.
(a)
All buildings on the west side of Carleton Avenue between North Research Drive and South Research Drive shall have a minimum setback from Carleton Avenue of 150 feet, except for accessory structures located to the interior of Research Drive North and South within the open space area as shown on the Master Plan and approved by the Planning Board. All buildings on the east side of Carleton Avenue between North Research Drive and South Research Drive shall have a minimum setback from Carleton Avenue of 80 feet of which 67 feet shall be landscaped.
[Amended 4-5-2005; 6-13-2023 by L.L. No. 3-2023]
(b)
All buildings located north of North Research Drive or south of South Research Drive shall have a minimum setback of 67 feet from Carleton Avenue, from North Research Drive and from South Research Drive, the entire extent of which shall be landscaped.
(c)
All buildings shall be a minimum of 20 feet from all other public roads.
(d)
The Planning Board may reduce or modify the setback requirements of this section by up to 25%, provided that the same is consistent with the Master Plan and reasonably necessary to permit appropriate development in this subdistrict.
[Amended 6-13-2023 by L.L. No. 3-2023]
(8)
A maximum of 350,000 square feet of retail space may be constructed pursuant to the review and approval of the Planning Board in accordance with the Master Plan and in conformance with Volume 10 of the Town of Islip Comprehensive Plan (Commercial and Industrial Development).
[3]
Editor's Note: This amendment also provided an effective date of 12-9-2001.
D.
Office.
(2)
Accessory uses.
(a)
The following uses shall be permitted within the subdistrict but must clearly be incidental to the principal use:
[1]
Day-care centers by special permit from the Planning Board after a public hearing.
[Amended 4-5-2005]
[3]
Cafeteria.
[Added 5-2-2000]
[4]
Bank, excluding drive-through facilities, provided it does not exceed a gross floor area of 3,500 square feet, is located within a permitted office use and does not occupy greater than 2.5% of the total gross floor area for the office use.
[Added 8-16-2001[4] ]
[4]
Editor's Note: This amendment also provided an effective date of 12-9-2001.
(b)
Other customary accessory uses or structures, provided that such uses are clearly incidental to the principal use, do not include any activities commonly conducted as a business and are located to the rear of the principal building.
(c)
All accessory structures, except signs, shall be located to the rear of the principal building. No accessory buildings shall be permitted except by permission of the Planning Board.
(3)
Height.
(a)
No building shall be erected to a height in excess of 40 feet.
(b)
Exceptions.
[Amended 5-2-2000]
[1]
Office buildings may be erected to a height of 50 feet, provided that any portion of any building in excess of 40 feet is set back one additional foot for each one foot of additional height beyond the required setbacks from public streets, planned public streets or district boundary lines.
[2]
Existing structures erected on or before May 4, 2000, shall be exempt from this requirement. Additions and/or alterations to existing structures shall also be exempt from this requirement, provided that they do not increase the existing maximum height of the structure and further provided that the architectural elevations are deemed consistent with the Master Plan and approved by the Planning Board.
(4)
Lot area. The lot area shall be a minimum of 20,000 square feet.
[Amended 7-12-2022]
(6)
Percentage of lot occupancy.
(a)
The maximum percentage of lot occupancy shall not exceed 15%.
(b)
The floor area ratio (FAR) shall not exceed 0.20.
(c)
The Planning Board may modify the lot area and FAR for individual sites, provided that no FAR shall be increased beyond 0.35 and further provided the increase is deemed consistent with the Master Plan.
[Amended 5-2-2000]
(7)
Setbacks.
(a)
All future buildings shall have the following minimum setbacks:
[Amended 4-5-2005]
[1]
A minimum of 100 feet from Carleton Avenue.
[2]
A minimum of 20 feet from public roads except as set forth in Subsection D(7)(a)[1] above.
[3]
A minimum of 50 feet from the residential Subdistrict boundary line.
[4]
All buildings shall be a minimum distance of 50 feet from each other or as otherwise approved by the Planning Board and consistent with the Master Plan.
(b)
The Planning Board may modify or reduce the setback requirements of Subsection D(7)(a)[2] and [3] above and the minimum building separation distance in Subsection D(7)(a)[4] of this subdivision up to 25%, provided that the same is consistent with the Master Plan and reasonably necessary to permit appropriate development in this subdistrict.
(8)
Uses permitted by special permit from Planning Board after a public hearing:
[Added 1-24-2023 by L.L. No. 1-2023]
(a)
Public, private or parochial school, including preschool programs, elementary and secondary schools, vocational schools and other non-degree-granting schools, including self-defense, dance, swimming, gymnastics and similar instruction/programs, except those associated with manufacturing or truck driving.
[Amended 6-13-2023 by L.L. No. 3-2023]
E.
Residential.
(1)
Permitted uses.
[Amended 8-16-2001; 4-5-2005]
(a)
Multiple-family dwellings (MF). Attached one- and two-family multiple townhouse-type dwelling units developed under one unified site plan and maintained by an association of owners approved by the Attorney General of the State of New York or rental apartments.
[Amended 3-8-2016 by L.L. No. 1-2017; 2-28-2017]
(b)
Senior citizen units (SC). Units especially designed for senior citizens and their immediate families. A "senior citizen" is defined as a person 55 years of age or older. The senior citizen's immediate family is limited to the senior citizen's spouse, children and grandchildren 19 years of age or older.
[Amended 12-2-2008]
(c)
Congregate care facility, assisted living facility, or nursing home.
[Amended 3-8-2016 by L.L. No. 1-2017; 2-28-2017]
(2)
Accessory uses. The following uses shall be permitted within the subdistrict but must be clearly incidental to the principal use:
(3)
Area density. The maximum area density shall not exceed 12 units per acre for all multiple-family dwelling or senior units. The maximum density for congregate-care facility, assisted-living facility, or nursing home shall be limited by the maximum floor area ratio permitted.
[Amended 4-5-2005; 7-12-2022]
(4)
Height. The maximum height of all buildings in this subdistrict shall not exceed 35 feet. Exception: The maximum height permitted within this subdistrict may be increased in order to allow for the adaptive reuse of existing structures erected on or before May 4, 2000, pursuant to the review and approval of the Planning Board.
[Amended 8-16-2001[5]]
[5]
Editor's Note: This amendment also provided an effective date of 12-9-2001.
(5)
Percentage of lot occupancy and floor area ratio, excluding basements, garages, decks, utility rooms and firewalls.
[Amended 8-16-2001; 4-5-2005; 7-12-2022]
(a)
The percentage of lot occupancy for all structures shall not exceed 25%, and the combined FAR for all structures in this section shall not exceed 0.40.
(6)
[6]Setbacks.
(a)
All buildings located in that portion of the subdistrict designated for non-age-restricted dwellings shall have the following setbacks:
(c)
All apartment buildings shall be a minimum of 40 feet from each other.
(d)
The Planning Board may modify or reduce the setback requirements of Subsection E(6)(a)[2] and [3] and (b)[2] and [3] above up to 25%, provided that the same is consistent with the Master Plan and reasonably necessary to permit appropriate development in this subdistrict.
[Amended 5-21-2013; 12-2-2014]
[6]
Editor's Note: Former Subsection E(6), Subdivision of property, was repealed 4-5-2005.
F.
Recreation.
(1)
Permitted uses.
(a)
Golf courses.
(b)
Recreation buildings.
(c)
Tennis, handball, basketball and other court game areas.
(d)
Baseball, soccer and other ballfields and stadiums.
(e)
Private or not-for-profit recreational facilities and customary accessory uses such as snack bars, ancillary retail, physical fitness or therapy, child care for patrons, and similar uses.
[Added 8-14-2007]
(f)
Museums with attendant facilities.
[Added 5-21-2013; 12-2-2014]
(2)
Permitted accessory uses.
(a)
Customary accessory uses, structures and buildings, provided that such uses are clearly incidental to the principal use and do not include any activity commonly conducted as a business.
(b)
Use of the existing restaurant at Gull Haven Golf Course is permitted as a food and beverage serving establishment or as a golf accessory structure. Replacement structures are permitted with the approval of the Planning Board.
(c)
Accessory uses, including snack bars and ancillary retail.
[Added 5-21-2013; 12-2-2014]
(d)
Accessory parking for any permitted use in any subdistrict.
[Added 1-24-2023 by L.L. No. 1-2023]
(3)
Dimensional requirements. The location, dimension and design of all buildings, structures and uses permitted in this subdistrict shall be consistent overall with the Master Plan.
(4)
Percentage of lot occupancy. The percentage of lot occupancy shall not exceed 15%, and the FAR shall not exceed 0.30. The Planning Board may modify or reduce this requirement, provided that the same is consistent with the Master Plan and reasonably necessary to permit appropriate development in this subdistrict.
[Amended 8-14-2007; 9-24-2013]
(5)
Setbacks.
(a)
A minimum of 98 feet from Carleton Avenue.
[Amended 9-24-2013]
(b)
Setbacks from all public and private roads for all new buildings shall be 25 feet. The Planning Board may modify or reduce this setback requirement by up to 25%, provided that the same is consistent with the Master Plan and reasonably necessary to permit appropriate development in this subdistrict.
(c)
Setbacks of any proposed retaining walls shall be as authorized by the Town Engineer.
[Amended 9-24-2013]
G.
Municipal.
(1)
Permitted uses.
(a)
Municipal buildings, equipment and material storage areas, excluding a resource recovery facility, transfer station and composting storage.
(b)
Courts and related administrative facilities, excluding any prison or correctional facility.
(c)
Private or not-for-profit recreational facilities and customary accessory uses, such as snack bars, ancillary retail, physical fitness or therapy, child care for patrons, and similar uses.
[Added 6-12-2007]
(3)
Percentage of lot occupancy. The total lot area of all buildings shall not exceed 15%, and the FAR shall not exceed 0.30.
[Amended 6-12-2007]
(4)
Setbacks.
(a)
All structures hereafter erected shall have a minimum setback of 100 feet from Carleton Avenue, the entire extent of which shall be landscaped or left in a natural state.
(b)
All buildings hereafter erected shall have a minimum setback of 25 feet from all other roads. The Planning Board may modify or reduce this setback requirement up to 25%, provided that the same is consistent with the Master Plan and reasonably necessary to permit appropriate development in this subdistrict.
§ 68-325 Architecture.
[Amended 4-5-2005]
Prior to the issuance of any building permits or the commencement of the construction of any building or exterior building renovations, representative exterior architectural drawings shall be submitted to the Planning Director. The Planning Director shall review the plans for architectural consistency with the Master Plan in terms of overall building design, materials, colors, encroachments and other architectural considerations. No building permit shall be issued until written architectural approval has been granted by the Director of Planning. A denial of architectural approval by the Director of Planning may be appealed to the Planning Board within 30 days.
§ 68-326 Landscaping.
All landscaping shall be in conformance with the recommendations of the Master Plan and the Town of Islip Subdivision and Land Development Regulations. Prior to the issuance of any building permits, a landscaped plan for each subdivision or site plan shall be subject to the approval of the Planning Division.
§ 68-327 Buffers and screening.
A.
All properties located within the Research - Industrial or Office Subdistrict shall be buffered from adjoining residential property. The buffer shall be a minimum of 50 feet in width and shall include a berm with a minimum height of 10 feet, a double row of screen plantings, or equal, along the top of the berm constructed pursuant to the Islip Subdivision and Land Development Regulations, such additional planting as may be determined by the Planning Division and a six-foot chain link fence along the residential property line.
B.
The location of all loading and unloading areas shall be subject to the review of the planning division. There shall be no loading or unloading areas located on any building wall facing and adjacent to a buffer area except by approval of the Planning Board upon a finding of practical difficulty or hardship in locating the loading area on the site and with such other mitigating measures as may be determined by the Planning Board.
C.
Doors located on a building wall adjacent to a buffer area shall be designed and constructed solely for pedestrian egress and ingress, unless otherwise permitted under Subsection B of this section. All windows located on a building or wall adjacent to a buffer area shall be fixed and double glazed.
D.
Exterior public address systems or loudspeakers shall be prohibited within the Research - Industrial Subdistrict.
§ 68-328 Exterior lighting.
A.
All exterior street and pedestrian lighting fixtures and columns shall be consistent throughout each subdistrict of the PDD and shall be in harmony with the Master Plan, but need not duplicate any particular design in the Master Plan.
B.
All other lighting shall be positioned or shielded to illuminate the subject parcel only.
C.
All lighting adjacent to a buffer zone shall be positioned in such a manner so as to minimize glare on adjoining properties.
§ 68-329 Permitted encroachments.
The following encroachments are hereby permitted:
A.
Cornices, eaves, gutters, chimneys or bay windows projecting not more than 48 inches.
B.
One-story open porches and terraces not exceeding five feet in height and projecting not more than 10 feet.
C.
One-story enclosed vestibules not greater than 12 feet wide.
D.
Guard booths, flagpoles, identification signs, sculptures, seatings, bus shelters or gazebos.
E.
Shielded mechanical systems.
F.
Power plant stack towers, silos and antennas as part of a permitted use, subject to the approval of the Planning Board.
§ 68-330 through § 68-332. (Reserved) [1]
[1]
Editor's Note: Former § 68-330, Public hearing notification, as amended, § 68-331, Applications subject to written certification; amendment to Master Plan, and § 68-332, Determination by Planning Board, as amended, were repealed 6-13-2023 by L.L. No. 3-2023.
§ 68-333 Open development area.
Pursuant to § 280-a of the Town Law, the Town Board hereby declares this zoning district an open development area within the Town, wherein building permits may be issued for the erection of structures to which access is given by right-of-way or easement, upon such conditions or regulations as may be prescribed by the Planning Board.
§ 68-334 Mitigation fees.
[Added 4-5-2005]
A.
All development not pursuant to a lease with the Town of Islip occurring within the Planned Development District, as depicted on the Official Map, shall be assessed a mitigation fee of $2 per square foot of gross floor area for recreation improvements and/or transportation improvements in accordance with the findings of the Supplemental Generic Environmental Impact Statement analysis and any subsequent SEQR determinations on future development/redevelopment applications. This fee will be utilized within the Planned Development District and the Central Islip Hamlet Center to, at a minimum, provide public improvements, foster reinvestment, and conduct necessary studies to further the stated goals of the Master Plan and the Comprehensive Plan for Central Islip.
[Amended 6-12-2007; 3-8-2016 by L.L. No. 1-2017; 2-28-2017]
B.
50% of the total mitigation fee shall be paid prior to the issuance of a building permit. The remaining 50% of the total fee shall be paid prior to the issuance of the initial certificate of occupancy. All development/redevelopment occurring on or after the adoption of this section is subject to this mitigation requirement.
[Amended 12-17-2019 by L.L. No. 3-2019]
§ 68-335 Affordable housing.
[Added 4-5-2005; amended 7-25-2017 by L.L. No. 2-2017]
All residential development within the Planned Development District shall provide that a minimum of 10% of the total dwellings in the approved plan be deemed affordable housing. The schedule of affordable housing provision shall be approved by the Town of Islip Department of Planning and Development in consultation with the Community Development Agency prior to the issuance of building permits for the units.
§ 68-336 Legislative intent: Hauppauge District.
[Added 7-12-2005]
The Planned Development District (PDD): Hauppauge is conceived and enacted to protect the public health, safety, property values and general welfare while promoting mixed use developments within unique areas of the Town of Islip. This legislation is also enacted for the following purposes, in addition to those goals stated above:
A.
To provide the opportunity and flexibility for the coordinated development and/or redevelopment of parcels of appropriately located, business-zoned land to accommodate residential communities in the form of modern, well-planned, compatibly designed and comprehensively planned units.
B.
To encourage the creation of visually appealing developments of quality design that help to foster a synergy between commercial, residential and recreational uses.
C.
To provide an appropriate form of diversified residential development within the Town not currently available, but which is a characteristic of maturing suburban municipalities in large metropolitan areas.
D.
To promote fiscally responsible development by encouraging a housing type which will provide assessed valuation, attendant revenues in excess of the cost of services needed for the development.
E.
To incorporate mechanisms for the provision of affordable housing and open space.
§ 68-336.1 Interpretation and conflict with other provisions.
[Added 7-12-2005]
A.
In applying the provisions of this section, the Town Board may make such interpretations as it determines to be consistent with the legislative intent of this section.
B.
In the event of a conflict between the provisions of this section and other provisions of the Town Zoning Code, the provisions of this section shall govern.
§ 68-336.2 Standards and uses.
[Added 7-12-2005]
All Planned Development District (PDD): Hauppauge shall conform to the following standards and requirements:
A.
Minimum area. The minimum site area for the PDD: Hauppauge shall be at least five acres of contiguous land, not separated by any public street and under common ownership at time of application.
B.
Permitted uses. Within the PDD: Hauppauge, a building or structure may be erected, altered or used and a lot or premises maybe used for one or more of the following purposes:
(1)
Residential dwelling units:
(a)
Accessory facilities for the residential dwelling units, including a clubhouse, for the exclusive use of the residential dwelling units and their guests, which may include a lobby; a lounge or social room; card rooms; fitness center: beauty salon and spa; pools and parking garages.
(b)
Other uses customarily incidental and accessory for residential dwelling units in a planned residential community.
§ 68-336.3 Development density.
[Added 7-12-2005]
Residential dwelling units shall be in a midrise tower configuration and shall not exceed one unit per 1,500 square feet of lot area of the parcel designated for this use, or a maximum of 150 units, whichever is less. In no case shall the maximum number of residential units permitted exceed 150.
§ 68-336.4 Height.
[Added 7-12-2005]
No building constructed within the PDD: Hauppauge shall exceed 60 feet in height, except the building height may be increased by one foot for each five feet that the building is set back from the Town, county or state road in which its main entrance is located, but in no event will any proposed building exceed the height of any existing building used for principal use within the PDD: Hauppauge.
§ 68-336.5 Setbacks.
[Added 7-12-2005]
A.
Perimeter property line. No main building shall be constructed within 25 feet of any perimeter property line of the PDD: Hauppauge.
B.
Front yard. All main buildings must have a minimum front yard setback of 500 feet from a state, Town or county road.
[Amended 7-11-2006]
C.
Accessory structures. All accessory structures shall have a minimum twenty-five-foot landscaped setback from all perimeter property lines, including the front yard property line.
D.
Interior property lines. All buildings, including accessory structures, shall be set back from interior property lines as required by the New York State Uniform Building and Fire Code.
§ 68-336.6 Building separation.
§ 68-336.7 Exterior lighting.
[Added 7-12-2005]
A.
All exterior street and pedestrian lighting fixtures and columns shall be consistent throughout the PDD: Hauppauge and shall be subject to the review and approval of the Planning Commissioner.
B.
All existing lighting shall be positioned or shielded to illuminate the immediate areas around the main buildings or appropriate areas of the subject parcels only.
C.
All lighting adjacent to a buffer zone shall be positioned in such a manner so as to minimize glare on adjoining properties.
§ 68-336.8 Permitted encroachments.
[Added 7-12-2005]
The following encroachments are hereby permitted:
A.
Cornices, eaves, gutters, chimneys or bay windows projecting not more than 48 inches.
B.
One-story enclosed vestibules not greater than 12 feet wide.
C.
Guard booths, flagpoles, identification signs, sculptures, seating, bus shelters or gazebos.
D.
Shielded mechanical systems.
E.
Required utilities, silos, antennas, and other minor structures incidental to a permitted use, subject to the approval of the Planning Board.
§ 68-336.9 Landscaping.
[Added 7-12-2005]
All landscaping shall be in conformance with the Town of Islip Subdivision and Land Development Regulations. Prior to the issuance of any new construction building permits, a landscaped plan for each site shall be subject to the approval of the Planning Division.
§ 68-336.10 Parking.
[Added 7-12-2005]
A.
Generally, all off-street parking requirements shall be established by the Planning Board during site plan review.
(1)
Residential dwelling units shall maintain a minimum of 2.25 spaces per unit. Eighty percent of these spaces shall be located subsurface and within a structure of superior architectural and engineering design.
B.
In considering any future development within the PDD: Hauppauage, the Planning Board will consider the anticipated parking demands for each land use and the potential for the shared use of parking with other uses. Structured and/or subsurface parking designs may be considered.
§ 68-336.11 Location requirements and compatible uses.
[Added 7-12-2005]
A.
The PDD: Hauppauge District shall be directly adjacent to a full-service hotel and major recreation/cultural facility (i.e., golf course), whose services shall be made available to all residents of the PDD: Hauppauge.
B.
Any proposed building within the PDD: Hauppauge District shall be located within 300 feet of a full-service hotel and major recreation/cultural facility (i.e., golf course), whose services shall be made available to all residents of the PDD: Hauppauge as described herein.
§ 68-336.12 Architecture.
[Added 7-12-2005]
A.
Structures within a PDD: Hauppauge shall have harmonious architectural design features and be subject to an architecture review by the Planning Department to insure compatibility within the immediate community.
B.
Prior to the issuance of any new construction building permits or the commencement of the construction of any building or exterior building renovations, representative exterior architectural drawings shall be submitted to the Planning Commissioner. The Planning Commissioner shall review the plans for architectural consistency in terms of overall building design, materials, colors, encroachments and other architectural considerations. No building permit shall be issued until written architectural approval has been granted by the Commissioner. A denial of architectural approval by the Commissioner may be appealed to the Planning Board within 30 days.
§ 68-336.13 Buffers and screening; noise restrictions.
[Added 7-12-2005]
A.
All properties located in the PDD: Hauppauge shall be buffered from adjoining property. The buffer shall be a minimum of 25 feet in width and shall include a double row of screen plants, or equal, pursuant to the Islip Subdivision and Land Development Regulations. Additional or supplemental planting may be required by the Planning Division on any parcel requesting the PDD: Hauppauge category.
B.
The location of all loading and unloading areas shall be subject to the review of the Planning Division. There shall be no loading or unloading areas located on any building wall facing and adjacent to a buffer area except by approval of the Planning Board upon a finding of practical difficulty or hardship in locating the loading area on the site and with such other mitigating measures as may be determined by the Planning Board.
C.
Exterior public address systems or loudspeakers shall be prohibited.
§ 68-336.14 General requirements.
[Added 7-12-2005]
A.
Services. The PDD: Hauppauge must be served by municipal public sewer and water districts.
B.
Recreational. Recreational access and pedestrian access to areas within the PDD: Hauppauge, as well as proximate to public or private recreational facilities, shall be encouraged.
C.
Ownership. Any property proposed for PDD: Hauppauge zoning and development may be owned by one or more persons, partnerships, limited partnerships, trusts or corporations, but must be presented as a cooperative application to the Town Board.
D.
Application. Any petition for PDD: Hauppauge zoning and applications for related approvals shall comply with the application requirements and procedures as such may, from time to time, be established and/or amended by the Commissioner of the Town of Islip Department of Planning and Development.
E.
Subdivision. Further subdivision of the parcels within the PDD: Hauppauge shall not be permitted without the prior review and approval of the Planning Board.
F.
Energy and water efficiency. Any new structure built in the district will utilize proven technology to minimize the amount of energy and water utilized by the development.
§ 68-336.15 Mitigation fees.
[Added 7-12-2005]
A.
All development occurring within the Planned Development District: Hauppauge as depicted on the Official Map shall be assessed a mitigation fee per residential dwelling unit for general recreation improvements. This fee will be utilized within the Town of Islip to provide public improvements, foster reinvestment, and conduct necessary studies to further the stated goals of the Comprehensive Plan for Central Islip. All development/redevelopment occurring on or after the adoption of this section is subject to this mitigation requirement.
B.
Fifty percent of the mitigation fee shall occur upon the issuance of a building permit. The balance of the fee shall be submitted upon final certificate of occupancy. All development/redevelopment occurring on or after the adoption of this section is subject to this mitigation requirement.
§ 68-336.16 Open space contribution.
[Added 7-12-2005]
As a mitigation for the proposed density permitted for residential dwelling units in this application, a contribution of land or financial resources for the sole purpose of acquiring open space in a location consistent with the Comprehensive and/or Open Space Plan shall be required. The land to be acquired or the amount to be contributed shall be set by the Planning Commissioner and collected by the Comptroller of the Town of Islip, as appropriate.
§ 68-336.17 Affordable housing.
[Added 7-12-2005]
A plan to provide an impact mitigation, either on or off site, in land construction or equivalent resources for work force/affordable housing shall be required of any proposed building expansion or residential development within the Planned Development District: Hauppauge: The plan may include participation in the Affordable Housing Project sponsored by the Town of Islip, the Long Island Housing Partnership, or similar appropriate initiatives. The schedule of affordable housing provision shall be approved by the Town of Islip Department of Planning and Development in consultation with the Community Development Agency prior to the issuance of building permits for any building expansion or residential development that occurs subsequent to the effective date of this section.
§ 68-336.18 Decision making and PDD: Hauppauge requirements.
[Added 7-12-2005]
A.
Legislative review considerations. The Town Board, without limiting its legislative discretion, shall consider at least the following matters in determining the suitability of any proposed PDD: Hauppauge District zone change petition and development plan:
(1)
The extent to which the application serves to implement the legislative intent, purposes and goals of PDD: Hauppauge zoning as set forth in this section.
(2)
The potential impact of the proposed development upon the area in which it is located, as well as upon the Town and the region as a whole.
(3)
The geographic area in which the PDD: Hauppauge is requested and the unique factors of the development, both existing and proposed, that warrant such request.
(4)
The compatibility of the proposal with the provisions of this section.
B.
Town Board action.
(1)
The Town Board shall either approve or disapprove the proposed PDD: Hauppauge zone change and approve, approve with modifications or disapprove the proposed development plan. Approval or approval with modifications of the PDD: Hauppauge shall not be deemed to waive the Town's rights with respect to subsequent detailed reviews of any specific aspect of the proposed development as may be required pursuant to the subdivision and/or site plan review process.
(2)
A PDD: Hauppauge change of zone petition shall be granted only in conjunction with the simultaneous preliminary approval of a PDD: Hauppauge development plan. The plan, as modified by any conditions which may be established by the Town Board in its approval and/or in notations required to be placed upon said PDD: Hauppauge and accompanying documents, will establish the zoning density and land use limitations thereafter applicable within said district.
C.
Approval conditions. Any resolution of PDD: Hauppauge approval or approval with modifications issued by the Town Board shall be subject to the applicant obtaining all necessary approvals, licenses and/or permits as may be required from other governmental agencies having jurisdiction thereof. As a condition of approval, each applicant shall be required to file such legal documentation as the Planning Board determines necessary to provide for and ensure the proper future maintenance, use and ownership responsibility for all lands, common areas, facilities, utilities and services both within each section of the PDD: Hauppauge, if more than one, and in relation to the PDD: Hauppauge as a whole. Such documentation shall be in form and substance acceptable to the Town Attorney.
D.
Amendments. Any proposed amendment to an approved PDD: Hauppauge site development plan may be made subject to the approval of the Town Board.
E.
Site plan and subdivision approval.
(1)
Approval. The approval of a change of zone by the Town Board, shall formally authorize the applicant to proceed with the detailed design, planning and engineering of the development plan and to submit an application to the Planning Board for site plan approval, as appropriate and in accordance with the procedures and requirements for such applications as set forth in Town Code and the Subdivision and Land Development Regulations. Subdivision and/or site plan approvals, as appropriate, shall be required prior to the issuance of any building permit within the PDD: Hauppauge.
(2)
Expiration. Any approval, or approval with modifications, of a site plan within a PDD: Hauppauge shall expire at the end of three years unless the applicant has initiated substantial construction and continues to diligently pursue such construction, or such time limit has been extended by resolution of the Town Board.