The primary intent of the Pilgrim State Planned Redevelopment District (PSPRD) is to allow for a mixed-use, smart growth redevelopment of approximately 452 acres, which were formerly part of the Pilgrim State Psychiatric Center, pursuant to 1) a Master Plan, Development Unit 1-4 and Gateway Area Building Stories, Street Type and Open Space Regulatory Plans; Subdistrict Specifications (hereinafter collectively designated the "Master Plan"), 2) the provisions of this article and the Regulating Plans included in this article, and 3) Design Guidelines for the PSPRD. The aforesaid Master Plan and Design Guidelines are annexed to this article[1] and indicate, among other things, the general locations of proposed subdistricts of the PSPRD, representative types and general locations of land uses in the proposed subdistricts of the PSPRD, and the general scale, sequencing, and intensity of development within each subdistrict of the PSPRD.

The PSPRD is intended primarily to foster smart growth redevelopment of abandoned and/or disused portions of a state psychiatric hospital site which are now privately owned. The PSPRD is designed to allow for creation of a new, efficiently designed, transit-oriented and served multi-use community that includes residential facilities and retail and employment opportunities for residents and nonresidents of the community, and that also minimizes adverse effects on the Town. The smart growth approach to community development, which facilitates community interaction, interdependence, and neighborhood spirit, encourages owners and occupants in the community to continually reinvest socially and materially in the community, thereby promoting the economic viability of the community.

The PSPRD is designed to result in a community of interconnected streets, laid out according to the aforesaid Master Plan (as it may have been amended) and the Regulating Plans included in this article, which will allow for continuing flexibility in adapting to changing market conditions during the anticipated long-term implementation of the PSPRD development. The said community is designed to be socially and economically interconnected and to be pedestrian-friendly. Moreover, the layout of roadways, public spaces, and uses in the community, as well as the intended development of shared parking facilities and the use of traffic management programs, including shuttle buses for short trips to a nearby commuter rail station, will reduce the community's dependence on automobiles and will, thereby, minimize potential traffic impacts from the new community.

Upon its initial adoption, the Town Board will limit the PSPRD to Phase 1 of Development Unit 1A constituting 113 acres as depicted on the Overall Phasing Diagram contained within Page 3 of the Appendix herein. Specifically, the proposed parcels included in Phase 1 of Development Unit 1A are contained on Page 7 of the Master Plan entitled "Proposed Development Tabulation" and includes all of Development Unit 1A with the exception of proposed parcels DU1A-10, DU1A-13, DU1A-19, DU1A-20, DU1A-21 and DU1A-22.

The initial development of the Town Center in Development Unit 1A will give the project an identity and sense of place that will anchor any subsequent phases of development. Given the extensive timeframe needed to complete Phase 1 of Development Unit 1A, the adoption of the PSPRD as set forth herein will provide the opportunity to make adjustments in response to conditions or circumstances which may arise requiring attention as the development progresses. References made to any other phase of development or any other development unit other than Phase 1 of Development Unit 1A within this article or any appendices thereof shall not be deemed an approval upon the adoption of this PSPRD. Any development beyond Phase 1 of Development Unit 1A will require amendments to this article, its appendices and further Town Board approval.

This article is enacted pursuant to Statute of Local Governments § 10(6) and Municipal Home Rule Law §§ 10(1)(ii)(a)(14), 10(1)(ii)(d)(3), and 10(2), and is intended to and shall supersede Town Law § 261-b (relating to incentive zoning), Town Law § 261-c (relating to planned unit development zoning districts), Town Law § 262 (relating to zoning districts), Town Law §§ 263 and 272-a (relating to comprehensive plans and zoning purposes), Town Law § 269 (relating to zoning law conflicts), Town Law §§ 270 and 273 (relating to official maps and changes thereto), Town Law § 274-a (relating to site plan review and approval), Town Law § 274-b (relating to special use permits), Town Law §§ 276, 277, 278, and 279 (relating to subdivisions), and § 280-a (relating to permits for buildings not on improved mapped streets) to the extent that this article is inconsistent with such statutory provisions.

The provisions of the text, regulating plans, and other diagrams of this article shall prevail over any inconsistent provisions of the Master Plan and Design Guidelines annexed to this article.

Development in the PSPRD shall be in accordance with the Master Plan described in § 68-729, above (as it may have been amended), the provisions of this article and Regulating Plans included in this article, and the Design Guidelines annexed to this article, except to the extent that the provisions of such Master Plan or Design Guidelines are inconsistent with the text, Regulating Plans, and other diagrams of this article.

The provisions of this article shall supplant, supersede, and prevail over any other chapters, articles, and provisions of the Code of the Town of Islip and the Town of Islip Subdivision and Land Development Regulations pertaining to public street pavement cross sections and streetlighting that 1) are inconsistent or in conflict with the aforesaid Master Plan (as it may have been amended), this article, and/or the standards and procedures set forth herein, or 2) establish or impose regulations, requirements, prohibitions, standards, parameters, and/or procedures that are different from, or would be (if not supplanted and superseded, as set forth herein) in addition to, those regulations, requirements, prohibitions, standards, parameters, and/or procedures set forth in the aforesaid Master Plan and this article.

Except as specifically provided in this article, the provisions of Chapter 11 (Conservation of Energy) of the Code of the Town of Islip and the Town of Islip Subdivision and Land Development Regulations pertaining to public street pavement cross sections and streetlighting; Articles I (General Provisions), XXIX (Signs), XXX (Sight Obstructions, Fences and Walls), XXXI (Minimum Site Improvements; Minimum Development Standards for Property), XXXII (Arterial Highway Setbacks) and LII (Exterior Lighting Standards) of Chapter 68 (Zoning) of the Code of the Town of Islip; §§ 68-5, 68-6, 68-30.1, 68-30.3, 68-420.7, and 68-420.8 of Chapter 68 (Zoning) of the Code of the Town of Islip, the Schedule of Sign Regulations and Guidelines for Exterior Lighting set forth at the end of Chapter 68 (Zoning) of the Code of the Town of Islip; and the Town of Islip Subdivision and Land Development Regulations pertaining to public street pavement cross sections and streetlighting shall have no application, force, or effect within the PSPRD.

As used in the Master Plan described in § 68-729 above, this article, and the Regulating Plans and other diagrams included in this article, the following terms shall have the following meanings.

The definitions enumerated in the Town of Islip Zoning and Subdivision Chapters shall apply unless defined below.

Town Center (Development Unit 1 or DU1): a mixed-use subdistrict that is intended to be developed with a range of compatible land uses, including retail, housing, hotel/lodging, office, in-home office, entertainment, and cultural uses. The objective of this subdistrict is to allow for creation of a pedestrian-friendly infrastructure that encourages street life, business activity, and a self-policing environment incorporating distinctive people places which function as the focus for community life, special events, celebrations, and festivals.

Designation of Subdistricts (development units). The Pilgrim State Planned Redevelopment District (PSPRD), upon adoption of this article, is approximately 113 (+/-) acres.

Building stories.

Street type.

Open space areas.

Subdistrict specifications; building alignment and frontage coverage in DU1.

Town Center (Development Unit 1 or DU1): a mixed use subdistrict that is intended to be developed with a range of compatible land uses, including retail, housing, hotel/lodging, office, in-home office, entertainment, and cultural uses. The objective of this subdistrict is to allow for creation of a pedestrian-friendly infrastructure that encourages street life, business activity, and a self-policing environment incorporating distinctive people places, which function as the focus for community life, special events, celebrations, and festivals.

Any building, structure, or land in the PSPRD may be used for 1) any one or more of the permitted uses, accessory uses, special permit, and special exception uses allowed in any zoning district of the Town of Islip as of the date of adoption of this article, without need for compliance with the criteria set forth for special permit or special exception uses, except with regard to retail fuel service stations, which are permitted subject to the provisions of Article XXVII of Chapter 68 (Zoning) of the Code of the Town of Islip, and except as specified in Subsection B, below, and 2) live/work units, as defined in this article.

The following uses are specifically prohibited in the PSPRD:

Uses permitted by special permit of the Planning Board.

Office: 626,000 square feet.

Retail: 560,000 square feet.

Civic: 215,500 square feet.

Residential: 3,504 units.

All open spaces are provided within walking distance of the people they serve and are programmed to encourage a range of activities.

Pursuant to Town Law § 274-a, approval of site plans is hereby required as a condition for the issuance of building permits required for construction or development in the PSPRD, unless site plan review and approval is waived, as set forth herein.

The Commissioner of the Department of Planning and Development and the Planning Board are each hereby authorized to review and approve applications for site plan approval, or to grant waivers of site plan review and approval, in accordance with the procedures and standards set forth in this section.

Any number of buildings, structures, parking facilities, roadways, open spaces, and parks on any number of parcels within the PSPRD, whether or not divided by roadways or intervening parcels, may be included in a single application for site plan approval.

Applications for site plan approval in the PSPRD shall be processed and reviewed in accordance with the procedures and standards set forth in Chapter IV of the Town's Subdivision and Land Development Regulations, except public road pavement widths and streetlighting shall be in accordance with the PSPRD.

Prior to the approval of a site plan of the PSPRD, a) the site plan applicant shall provide a computation of the total amount of the maximum development set forth in § 68-737, above, broken down by the office, retail, civic, and residential components of such maximum development, that has been approved in all previously issued site plan approvals; b) the site plan applicant shall provide a Subdistrict Development Plan, in the form of an AutoCAD Dwg electronic file utilizing AutoCAD software with NAD 83 SP Long Island zone horizontal datum and NAVD 88 North America datum, for the specific PSPRD Subdistrict (i.e., DU1, DU2, DU3, DU4, or Gateway) in which the lands covered by the subject application are located, which Subdistrict Development Plan shall set forth the metes and bounds of the subdistrict boundaries, all existing streets, buildings, and reserved parking locations in the subdistrict, and all streets, buildings, and reserved parking locations proposed in the current site plan application; c) the site plan applicant shall provide detailed plans of proposed streetlighting and building signage; and d) a road opening permit, pursuant to the Town's Subdivision and Land Development Regulations, shall have been issued for road, drainage, and utility infrastructure necessary for that phase. The Commissioner of the Department of Planning and Development or the Planning Board shall approve a proposed site plan if the Commissioner or the Planning Board determines that such site plan, and any buildings and structures proposed thereon, are consistent with the Master Plan and the Design Guidelines described in § 68-729, above (as they may have been amended), the provisions of this article, the Regulating Plans included in this article, the conditions of adoption of this article, and the conditions of approval of any site plans, subdivisions, road openings, or variances previously approved for lands within the PSPRD. In determining such consistency, the Commissioner of the Department of Planning and Development and/or the Planning Board shall consider existing or proposed parking, means of ingress and egress, signage, landscaping, drainage, architecture, and locations and dimensions of buildings and structures.

The Commissioner of the Department of Planning and Development (in the event no variances or relaxations of standards are required) or the Planning Board shall approve, approve with conditions, or deny approval of any proposed site plan within 62 days after submission of a complete application for site plan approval, or within such additional time as shall be consented to by the applicant. Failure of the Commissioner of the Department of Planning and Development or the Planning Board to act upon any application for site plan approval within the aforesaid periods shall not constitute approval of such site plan.

The Commissioner of the Department of Planning and Development or the Planning Board may, as a condition of approval of a site plan, require the applicant to post one or more performance bonds, or other security acceptable to the Town, in sufficient amount(s), to ensure that all parking, curbing, sidewalks, accessways, open spaces, landscaping, drainage, and sanitary sewers shown on the site plan will be satisfactorily installed. The applicant may apply to the Commissioner of the Department of Planning and Development and/or the Planning Board for release or reduction of such bonds as the improvements covered by such bonds are satisfactorily constructed.

A site plan approval for proposed development in the PSPRD shall expire five years after the date of the approval unless, within such time, a valid building permit has been obtained in connection with such development. Notwithstanding the foregoing, the Commissioner of the Department of Planning and Development or the Planning Board may grant up to four extensions of such site plan approval, of 12 months each, for good cause shown by the applicant.

The Commissioner of the Department of Planning and Development or the Planning Board may waive the requirement for site plan review and/or approval for any previously approved site plan, except any detention/retention stormwater management basin or swale located in a buffer area pursuant to this section, where:

If a landowner in the PSPRD wishes to amend an approved site plan covering such landowner's property in the PSPRD, due to a change in circumstances or for any other reason, it may apply for such amendment to the official or board that approved the original site plan, and such application for amendment shall be reviewed and acted upon in accordance with the criteria and timing provisions set forth herein for the initial approval of site plans.

Except as set forth herein, the Planning Board and the Commissioner of the Department of Planning and Development shall process, review, and approve land subdivision applications and proposed road openings in the PSPRD pursuant to the procedures and standards set forth in the Town Law and the Town's Subdivision and Land Development Regulations.

At the time of final approval of any subdivision application in the PSPRD, any of the total development set forth in § 68-737, above, that has not been previously developed or granted site plan approval shall be allocated by the owners of the land included in the PSPRD at the time of adoption of this article or by their successors in interest to each of the proposed subdivision parcels, and such allocation shall be shown on the subdivision map and established by covenant, recorded with the Office of the Suffolk County Clerk, and a copy of such recorded covenant shall be filed with the Town Clerk and the Department of Planning and Development. Such covenant shall specifically acknowledge that the development allocation(s) therein are subject to amendment by subsequent agreement, by the owners of parcels in the PSPRD, to transfer such potential development between or among their respective parcels. In the event of any such subsequent agreement, the aforesaid recorded covenant shall be amended to reflect the modified development allocation(s), such amended covenant shall be recorded in the Office of the Suffolk County Clerk, and a copy of such recorded amended covenant shall be filed with the Town Clerk and the Department of Planning and Development.

All roadways in the PSPRD shall be designed and constructed in accordance with 1) the street type designations set forth in the Regulating Plans included in this article, 2) the following design specifications, and 3) the construction and materials standards set forth in the Town of Islip Subdivision and Land Development Regulations. The Town shall only accept dedication of the internal ring road, the Fish Path Road connecting to Commack Road, and the roads linking Crooked Hill Road and the Sagtikos Parkway to the ring road, so long as such roadways comply with the design and construction specifications set forth in this article and the construction and materials standards set forth in the Town of Islip Subdivision and Land Development Regulations. All other roadways shall be owned and maintained privately.

The design specifications for the street types in the PSPRD shall be as follows:

Generally, parking requirements for proposed uses in the PSPRD shall be determined by the Commissioner of the Department of Planning and Development or the Planning Board during site plan review.

The smart growth character and transit-oriented design of the PSPRD reduces the parking needs for individual uses in the PSPRD. Therefore, adherence to parking requirements for other zoning districts in the Town, as presented, for example, in the Table of Minimum Required Parking Spaces in the Town's Subdivision and Land Development Regulations, would result in the provision of an excess of parking spaces and a consequent reduction in land available for open space, public spaces, landscaping, and streetscape in the PSPRD. To avoid such an undesirable condition, a special method for computing parking requirements in the PSPRD is provided in this section.

Parking structures within the Town Center DU1 shall be screened/wrapped within commercial/office/residential uses to provide a meaningful street wall along all private and public roads.

In the PSPRD, the minimum number of parking spaces for proposed uses shall be determined by calculating the aggregate parking required, as follows:

No parking shall be required for the following uses if the Commissioner of the Department of Planning and Development or the Planning Board determines they are accessory to a primary residential use:

Driveway, garage, and on-street parking spaces may be counted towards satisfying parking requirements under this section, provided that any driveway space must be on a driveway at least 20 feet deep.

On-street parking spaces adjacent to a use(s) shall be allocated towards the required parking for such use(s) before a number of off-street parking spaces is determined for such use(s).

Where an on-site dedicated car-sharing service is proposed, each interior parking space dedicated to a car-sharing vehicle may be used to replace 15 required parking spaces.

It is recognized, in view of the smart growth character and transit-oriented design of the PSPRD, that the number of parking spaces for proposed uses, as calculated above, may not be initially necessary or may never be necessary to provide for the actual parking needs of the proposed uses. During the site plan review process, a maximum of 50% reduction of parking required in Table 1 may be reserved. All approved site plans shall denote the location of any reserved parking. All reserved residential parking spaces shall be located within 1/4 mile of the related residential uses and within the Town Center DU1 development unit subdistrict as the residential use. All reserved commercial parking spaces shall be located within 1/4 mile of the related commercial use and within the Town Center DU1.

Any site plan approval for proposed development in the PSPRD shall require that sufficient lands or facilities be reserved or set aside for the future provision of any required parking, as calculated under Subsections C through G, above, that is not required to be constructed pursuant to Subsection I, above. The locations of such lands or facilities for future provision of parking shall be shown on the approved site plan.

Parking that is not initially constructed, pursuant to Subsection H, above, shall thereafter be constructed only upon written determination, by the Commissioner of the Department of Planning and Development or the Planning Board, that such unconstructed parking (or some portion thereof) has become actually necessary for the use(s) for which such parking was reserved. If no such written determination has been issued within seven years after all certificates of occupancy have been issued for the buildings shown on an approved site plan, then the unconstructed parking shall be deemed to be unnecessary for the use(s) for which lands and/or facilities that were set aside or reserved shall be deemed released and may be used for any purpose(s) allowed by this article or other applicable law, but may not exceed the maximum allowable gross floor area of the Pilgrim State Planned Redevelopment District.

Lands and/or facilities set aside or reserved for possible future parking, pursuant to Subsection I, above, shall be released by the Commissioner of the Department of Planning and Development or the Planning Board, upon application of the owner of such lands or facilities or the site plan applicant whose application required such set-aside or reservation [or such applicant's successor(s) in interest], upon a showing that the parking for which such lands or facilities were set aside is not or is no longer necessary for the use(s) for which such lands and/or facilities for future parking were set aside or reserved. Upon such release, the released lands or facilities may be used for any purpose(s) allowed by this article or other applicable law.

Parking spaces required under this section need not be on the same parcel as the uses for which they are reserved, but shall be in accordance with Subsection H relative to location within Town Center DU1 and distance from the affected residential and/or commercial uses.

The Commissioner of the Department of Planning and Development or the Planning Board may grant waivers of the above parking requirements for good cause shown.

The number and locations of all loading and unloading areas shall be subject to the review of the Commissioner of the Department of Planning and Development or the Planning Board. All loading and unloading areas shall be screened.

Nothing in this section or elsewhere shall preclude the owner(s) and/or operator(s) of the private or nondedicated lands or facilities that are covered by or include the parking spaces required pursuant to this section from charging fees for the use of such parking spaces.

Recognizing the unique character and intent of the PSPRD, the exterior lighting regulations set forth in this section constitute the exclusive lighting standards and restrictions in the PSPRD, and supersede lighting regulations applicable in other zoning districts and the Town of Islip Subdivision and Land Development Regulations.

Ownership.

Streetlighting shall maintain an average illumination between 0.5 footcandle and 1.5 footcandles unless an alternative level of illumination is approved by the Commissioner of Planning and Development.

Submittal requirements. A lighting plan shall be submitted with each site plan that details the location and specifications of all lighting provided. An ISO footcandle diagram shall also be provided to indicate the level and extent of proposed lighting.

Lighting types. (NOTE: This is not an exhaustive list of acceptable lighting types, but is intended for illustrative purposes.)

Recognizing the unique character and intent of the PSPRD, the signage regulations set forth in this section constitute the exclusive signage standards and restrictions in the PSPRD, and supersede signage regulations applicable in other zoning districts.

Temporary signs.

The following types of nonilluminated and illuminated signs shall be permitted in all PSPRD subdistricts, subject to a Town sign permit and to the conditions set forth below: (NOTE: This is not an exhaustive list of acceptable signage types, but is intended for illustrative purposes.)