Islip City Zoning Code
ARTICLE XLI
Planned Landmark Preservation Overlay District PLP
§ 68-447 Legislative intent.
In accordance with Article 5, § 96-a of the General Municipal Law, this Planned Landmark Preservation Overlay District (PLP) is designed to provide regulations, special conditions and restrictions where necessary to protect, enhance, perpetuate and use places, districts, sites, scenic views, buildings, structures, works of art and other objects having a special character or special historical or aesthetic interest or value. More specifically, the general purpose of this overlay district includes, among others, the following specific purposes:
A.
To promote the education, culture, pleasure and economic and general welfare of the residents of the Town of Islip and of others employed in or visiting the Town.
B.
To safeguard significant features of the Town of Islip's historic, aesthetic, scenic and cultural heritage so that they may provide continuity through physical evidence of the Town's evolution and historic beauty.
C.
To foster civic pride in the legacy of achievements and beauty of the past.
D.
To encourage the most desirable use of land and site design in the vicinity of such significant historic, aesthetic, scenic and cultural features through the application of appropriate and compatible standards of development and such other techniques or policies as will protect and upgrade their character and value.
E.
To examine and recommend potential new and compatible uses of landmarks where they are unused or underused.
F.
To strengthen the economy of the Town of Islip.
G.
To stabilize and improve property values and thereby protect the Town's tax revenues.
§ 68-448 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any right or interest in or title to a lot, plot or parcel of land or any part thereof, including but not limited to fee title and scenic or other easements, the acquisition of which the Planning Board and Town Board determine to be necessary and appropriate for the effectuation of the purposes of this article.
A document evidencing approval by the Planning Board of a proposal to make a material change of use or appearance which must be obtained before a permit may be issued by the Commissioner of Planning or the Commissioner's designee.
[Amended 12-17-2019]
The modification of the Town of Islip Zoning Ordinance regulations to permit development of a variety of housing types or housing on lots with lesser dimensional requirements than those set forth in the Zoning Ordinance, granted in conjunction with the approval of a land subdivision by the Town Planning Board as provided in § 281 of the Town Law.
Includes any building, structure, place, work of art or other object, and also any modification of the existing landscaping or any natural feature constituting a physical betterment of real property, or any part of such betterment. An improvement shall be deemed to include ordinary repairs and maintenance.
Any improvement or landscape feature which has a special character or special historical or aesthetic interest or value as part of the development, scenic or cultural heritage of the Town, state or nation and which has been designated as a landmark in connection with the establishment of a Planned Landmark Preservation Overlay District in accordance with this article.
Any grade, body of water, stream, rock, plant, shrub, tree, path, walkway, road, plaza, fountain, sculpture or other form of natural or artificial landscaping.
Includes:
Any change in the type of use of land or of a structure or memorial.
Change or reconstruction or alteration of the size or external appearance of a structure or memorial.
Change in the intensity of the use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure.
Demolition of a structure or memorial.
Commencement of excavation.
Deposit of refuse, waste or fill on land not already used for that purpose, or which increases the height of any existing deposit or the area covered by the deposit.
Commencement of or change in the location of advertising on the external part of any structure.
Alteration of a shore, bank or floodplain of the Atlantic Ocean, Great South Bay, a stream, channel or of any lake, pond or artificial body of water.
Any work done on any improvement in the nature of a replacement or reconditioning of the exterior of a structure, for which no permit would customarily be required, where the purpose and effect of such replacement or reconditioning is to correct any deterioration of or damage to the improvement or any part thereof and to restore same, as nearly as practicable, to its condition and appearance prior to the occurrence of such deterioration, decay or damage.
[Amended 12-17-2019; 5-14-2024]
The person or persons possessed of the fee simple of an improvement or a lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person directly or indirectly in control of an improvement or improvement parcel.
A net annual return equal to the prime rate for bank loans at the time a certificate of appropriateness is filed as a per centum of the current full valuation of an improvement parcel. Such valuation shall be established by the Town of Islip based upon the fair market value of the property in effect at the time a certificate of appropriateness is filed, except where:
A determination may be made that the valuation of the lot, plot or parcel is an amount different from such fair market value where there has been a reduction in the assessed valuation for the year next preceding the effective date of the current assessed valuation in effect at the time of the filing of such request.
A determination may be made that the value of the lot, plot or parcel is an amount different from such fair market value where there has been a bona fide sale of such lot, plot or parcel subsequent to the establishment of the current tax roll and prior to the time of the filing of such request, as the result of a transaction at arms' length, on normal financing terms, at a readily ascertainable price and unaffected by special circumstances such as, but not limited to, a forced sale, exchange of property, package deal, wash sale or sale to a cooperative.
Net annual return shall be the amount by which the earned income, after real estate taxes, yielded by the lot, plot or parcel and the improvements thereon during a test year exceeds the operating expenses of such parcel during such year, excluding mortgage interest and amortization and excluding allowances for obsolescence and reserves, but including an allowance for depreciation of 2% of the full value of the improvement, exclusive of the land, or the amount shown for depreciation of the improvement in the latest required federal income tax return, whichever is higher; provided, however, that no allowance for depreciation of the improvement shall be included where the improvement has been fully depreciated for federal income tax purposes or on the books of the owner. The test year shall be the most recent full calendar year; the owner's most recent fiscal year; or any 12 consecutive months ending not more than 90 days prior to the filing of the request for a certificate. |
The application of tax abatement as provided for in the General Municipal Law, Article 5, § 96-a, as an incentive to assure the preservation of landmarks in appropriate cases as established in this ordinance.
The modification, by the Town Board after public hearing, of the Town of Islip Zoning Ordinance with reference to lots or plots within an established Planned Landmark Preservation Overlay District to permit the transfer of permitted development rights from one lot or plot to another within such overlay district. The transfer of development rights shall only be approved where necessary to implement the stated purposes of such overlay district, and only provided that the impact of such transfer of development rights on the receiving lot or plot shall not adversely affect the overlay district nor adjacent lots or plots.
§ 68-449 Establishment of districts.
In order to effect and further the purposes of this article, the following procedure is provided for establishment of Planned Landmark Preservation Overlay Districts:
A.
It shall be the duty of the Planning Board on its own initiative or upon request of the Town of Islip Historical Landmark Preservation Committee, which shall serve as an advisory committee to the Planning Board, to investigate and hold public hearings on any proposed Planned Landmark Preservation Overlay Districts and recommend to the Town Board the amendment of the Town of Islip, Suffolk County, New York, Amended Zoning Map. Such investigation, public hearing and recommendation shall incorporate as a part of the recommendation a statement containing the following:
(1)
A descriptive finding of the significance of the area, building or scenic view to be covered by the overlay district.
(2)
A delineation of the boundaries of the overlay district, either by metes and bounds or on a drawing of appropriate scale and detail.
(3)
A description of the overlay district area including: the historic and/or unique aesthetic quality of structures, memorials or sites; landscape features; the nature of the existing land uses; and such other factors and conditions as either strengthen or tend to blight the quality of the overlay district's environment.
(4)
A statement of the standards of development, including architectural, landscape and other environmental standards, and such other techniques or policies to be used for protecting and upgrading the character and value of the properties in the proposed overlay district.
(5)
Such other findings as the Planning Board may consider significant guides in the implementation of the purposes of this article as they pertain to the proposed overlay district.
B.
The Town Board shall consider the recommendation of the Planning Board to establish such an overlay district by amending the Amended Zoning Map. The amendment shall follow the procedure set out in Article XXXVI.[1]
[1]
Editor’s Note: Former Subsection C, regarding filing of amendments, which immediately followed, was repealed 12-17-2019.
§ 68-450 Application of regulations.
The regulations of the districts upon which this overlay district is superimposed are in addition to the existing underlying district. However, the provisions of the overlay district shall apply where there is a conflict. The following material change of use or appearance provisions of any overlay district shall always take precedence:
A.
Any action which requires the issuance of a building permit or certificate of occupancy by the Commissioner of Planning or the Commissioner's designee in accordance with Article IV.
[Amended 12-17-2019]
B.
Any exterior alteration or repair of an existing building or structure, or the relocation of an existing building or structure which does not require a building permit in accordance with Article IV.
C.
Any site improvement involving a change in the terrain such as land contour work, topographic modifications, excavating, filling, dumping, removal of significant trees or other vegetation, modification of existing landscaping or any natural features on vacant land or land with minor improvements for which no permit is required by the Commissioner of Planning or the Commissioner's designee.
[Amended 12-17-2019]
D.
Any subdivision or other division of any tax lot, plot or parcel, existing on the effective date of the establishment of such overlay district into two or more tax lots, plots or parcels.
§ 68-451 Application procedure.
Any proposed action in an adopted Planned Landmark Preservation Overlay District shall be the subject of an application to the appropriate agency in accordance with the following procedures:
A.
Application types.
(1)
Ordinary repairs and maintenance. Application shall be made to the Commissioner of Planning and Development for written approval of the proposed ordinary repairs and maintenance. No work of any kind shall be undertaken by the applicant prior to obtaining such written approval. Such written approval shall be available on the site during the time when such ordinary repairs and maintenance are being carried out.
(2)
Material change of use or appearance. Application shall be made to the Town of Islip Planning Board for a certificate of appropriateness indicating that the proposed material change of use or appearance conforms to both the regulations of the underlying districts and to the standards of development and such other techniques or policies, and other regulatory findings as are contained in the statement incorporated in the subject overlay district. After a public hearing, such a certification, if approved, shall authorize the issuance of an appropriate building permit in conformance with the findings of the Planning Board. No work of any kind shall be undertaken by the applicant prior to the issuance of such a permit.
[Amended 12-17-2019]
(3)
Special permit. Application shall be made to the Town of Islip Planning Board for a special permit to modify any restriction or requirement of the underlying district, including but not limited to use or intensity of use, dimensional regulations, parking or other similar requirements. The Planning Board shall review such applications to determine that they are reasonably compatible with the character of the surrounding land and constitute the minimum modification necessary; that they are consistent with the intent of this article; and that they do not impair the health, safety and general welfare of the surrounding community. The Planning Board shall transmit its findings and recommendation on such applications to the Town Board. The Town Board, after public hearing, may approve or conditionally approve, such applications, or disapprove such applications.
B.
General procedure and standards.
(1)
All such applications for either a certificate of appropriateness or a special permit shall include appropriate survey maps prepared by a licensed land surveyor showing the existing topography and the location and dimensions of all existing significant trees and other vegetation, and site plans of all existing and proposed development and modification of natural features, proposed easements and such other information as the Planning Board shall consider necessary to justify approval of the authorization requested.
(2)
In reviewing all such applications, the Planning Board, and Town Board in the case of special permits, shall act to accomplish the following:
(a)
To eliminate existing incongruous uses or structures or other blighting factors and to prevent the creation of any new such conditions.
(b)
To preserve significant landscape features.
(c)
To strengthen the environmental setting of the overlay district.
(d)
To assure architectural compatibility, such as aesthetic, historical and architectural values, architectural style, design, arrangement, texture, material and color.
(e)
To provide controls for signs, outdoor lighting and utility services.
(f)
To establish appropriate protective interests, such as easements, covenants or similar agreements.
(g)
To employ, where justified, the use of special techniques or policies such as cluster development, or transfer of development rights so as to improve the quality of the area; or where economic assistance is warranted, to provide such aids as tax abatement or other incentives so that privately owned projects may realize a reasonable economic return.
(h)
To prevent the demolition or destruction of significant structures, terrain, landscape or scenic views whose preservation is an objective of the overlay district.
(3)
Any determination by the Planning Board or by the Town Board, under the procedures set forth in this section granting or denying a certificate of appropriateness or recommending or adopting a special permit shall set forth the reasons for such determination and any conditions or restrictions incorporated in such determination.[1]
[1]
Editor’s Note: Former Subsection B(4), regarding notice of determinations, which immediately followed, was repealed 12-17-2019.
§ 68-452 Certificate of appropriateness.
A.
An applicant who seeks a certificate of appropriateness authorizing the demolition, alteration or reconstruction of property on grounds of insufficient economic return in accordance with this article shall establish to the satisfaction of the Planning Board that the existing condition of his property prohibits a reasonable economic return as defined in this article.
B.
Upon determination that the property in its existing condition or any alternate conforming development does not yield a reasonable economic return, the Planning Board shall proceed to investigate the minimum alternate solutions which might be authorized by a special permit which would modify the zoning regulations of the underlying district or the overlay district. In addition, the Planning Board may require special techniques or policies or economic aid or other incentive which may assure a reasonable economic return. However, such alternate solutions must be in keeping with the spirit and intent of the findings in the definitive statement incorporated in the subject Planned Landmark Preservation Overlay District. The findings of such investigation and the resulting recommendation shall be promptly transmitted to the applicant and to the Town Board.
C.
When the Town Board has completed its review of the Planning Board's recommendations and made such modifications as it sees fit, it shall transmit its determination to the applicant. The applicant may either accept or reject these recommendations.
D.
If the applicant shall reject the recommendations, the Town Board may deny permission to demolish, alter or reconstruct for a period of 90 days from the date of such notification. During such time the Town Board may seek further alternate solutions or act to condemn the subject property. If no resolution of the disagreement over the determination is reached and no action is taken to condemn the subject property after 90 days, the applicant may proceed pursuant to the regulations existing in the underlying zoning district.
§ 68-453 Administration and enforcement.
B.
Except as provided in Subsection D of this section, it shall be unlawful for any person in charge of any improvement located in a Planned Landmark Preservation Overlay District to perform any work thereon or to cause or permit such work to be performed unless the Planning Board has issued a certificate of appropriateness or the Town Board has granted a special permit authorizing such work. It shall also be unlawful for any person in charge of any such improvement to maintain the same or cause or permit the same to be maintained in the condition created by any work done in violation of the provisions of this article.
C.
Every person in charge of an improvement located in a Planned Landmark Preservation Overlay District shill keep in good repair all exterior portions of such improvement and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvement to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair. This provision shall be in addition to all other provisions of the codes, ordinances and regulations of the Town of Islip requiring any such improvement to be kept in good repair.
D.
Nothing contained in this section shall be construed as making it unlawful for any person in charge of an improvement in an overlay district, without a prior certificate of appropriateness or special permit pursuant to this article, to comply with any order of a duly authorized official directing them to carry out work for the purpose of remedying conditions determined to be dangerous to life, health or property by such duly authorized official.
§ 68-454 Violations and penalties.
A.
Notwithstanding any other provisions for penalties in this ordinance, any person who violates the provisions of § 68-452 of this article shall be guilty of an offense and shall be punished by a fine of not more than $1,000 or imprisonment for not more than 15 days, or by both such fine and imprisonment.
B.
Any person who violates the provisions of § 68-453B and C shall be punished, for a first offense, by a fine of not more than $250 nor less than $25 or by imprisonment for not more than 10 days, or by both such fine and imprisonment. For a second or subsequent offense, such person shall be punished by a fine of not more than $500 nor less than $100 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
C.
Each week during which any such violations of the above provisions exist shall constitute a separate violation of such provisions.
§ 68-455 Descriptions.
[Added 10-5-1976]
A.
Each of the following parcels of land in the Town are designated by the Town Board as a Historic District or site, and each has been appropriately delineated on the Official Building Zone Map of the Town of Islip:
(1)
Sagtikos Manor: property approximately 530 by 870 feet located on Montauk Highway and bounded on three sides by a filed map known as "Map of Sagtikos Manor Section 1," and on the fourth side by Montauk Highway, in Bay Shore.
(2)
Artists Colony: property located on that part of the map of Artists Colony, filed in the County Clerk's office, January 26, 1972, and known as "Map No. 139," and bounded on the north by Hollywood Drive, on the south by Featherbed Lane, on the west by Lane and the east by Golden Horn, in Oakdale.