Southampton City Zoning Code
ARTICLE XXVI
Planned Development District
§ 330-240 Findings and purpose.
[Amended 10-23-2001 by L.L. No. 43-2001; 10-26-2010 by L.L. No. 33-2010; 7-11-2017 by L.L. No. 16-2017]
A.
For decades, the Town Board considered applications for planned development districts (PDDs). PDDs, which craft specific and unique zoning regulations for a particular parcel in exchange for predetermined public benefits, were meant to achieve flexibility within the Town Zoning Code in order to accommodate growth and development. Over the years, the Town Board received numerous PDD applications and approved more than 20 of them.
B.
The original purpose of the PDD law was "to facilitate increased flexibility to achieve more desirable development through the use of more creative and imaginative design of residential, mixed-use, commercial and industrial areas than is presently achievable under conventional land use techniques and zoning regulations….." Despite this stated purpose, the PDD approval process was often confronted with vehement public opposition, both to specific applications and the process in general. Much of this opposition condemned the very flexibility PDDs were established to create.
C.
As a general concept, zoning is intended to "provide an orderly fashion for residents' needs for various types of...structures." See Marx v. Village of Mill Neck, 137 AD2d 333 (2d, Dept., 1988). Municipal planning and zoning exists to preserve "a uniform and harmonious development of growth." See Village of Lynbrook v. Cadoo, 252 N.Y. 308 (NY, 1929). It is among the primary municipal powers whose goal must be the "development of a balanced, cohesive community which efficiently uses the municipality's land." See Marx v. Village of Mill Neck, 137 AD2d 333 (2d, Dept., 1988). Implicit in these calls for balance, cohesiveness, uniformity and order is the need for predictability. To that end, The American Planning Association has endorsed policies that emphasize predictable zoning controls. Residents must be able to predict with relative certainty where specific uses and structures will be permitted and how their neighborhoods and communities will look and feel as time progresses. Naturally, with increased flexibility comes decreased predictability. Accordingly, despite its noble intent, the PDD law created a level of unpredictability that effectively rendered all parcels on the Town's Zoning Map open to innumerable uses at any time.
D.
In May of 2016, the Town Board adopted Chapter 319 of the Southampton Town Code. This chapter called for a moratorium on PDDs, thereby enabling the Town to undertake a year-long comprehensive review of the PDD law, its historic use, and the process for approval. This review culminated with the majority of the Town Board agreeing that the unpredictability of PDDs outweighed their benefits as a zoning tool, and that the objectives of the PDD would best be achieved through the use of zoning tools that could accommodate both versatility in use and predictability in application. Such tools, which could include greater reliance on special exception approvals, would best be identified by reviewing and updating the Town's Comprehensive Plan for the first time since 1999.
E.
In light of the foregoing, the Town Board hereby eliminates PDDs as a zoning tool for all applications made after June 6, 2016, that being the date the moratorium became effective. This permits unresolved PDD applications existing at the time of the moratorium to complete the application process while, at the same time, eliminating PDDs going forward from that point.
§ 330-241 Definitions.
[Amended 10-23-2001 by L.L. No. 43-2001]
The terms and words used in this article shall be ascribed the meaning and uses generally attributable to them in the other sections of this chapter unless otherwise specifically interpreted or defined.
§ 330-242 Classifications.
[Amended 10-23-2001 by L.L. No. 43-2001]
A.
B.
The above-listed classifications may be considered on a floating zone basis, where all principal uses, special exception and accessory uses of the planned development are permitted in the previous underlying zoning districts. In such case, the restrictions, controls and incentives of the relevant planned development classification shall apply to the PDD to the exclusion of the underlying zoning classification. All properties meeting the standards and criteria set forth in the various tables, schedules, rules and regulations to be adopted consistent herewith and as may thereinafter be amended shall be deemed eligible to be treated as a PDD.
C.
In all cases where any principal use or accessory use proposed is not permitted in the underlying zoning district, an application for rezoning to a planned development district shall be required.
§ 330-243 Planning and zoning approval.
[Amended 10-23-2001 by L.L. No. 43-2001; 7-11-2017 by L.L. No. 16-2017]
Provided the process for PDD approval was commenced prior to June 6, 2016, the Town Board may rezone land from that of the underlying zoning district to a planned development district upon its own motion or by written application of the landowner pursuant to the provisions of this article and Article 16 of the New York State Town Law. PDD approval shall not be available for any PDD application received after June 6, 2016, whether initiated on motion of the Town or otherwise. The procedure for planning and zoning approval of a PDD listed in this article shall involve the following two-stage review process:
§ 330-244 Applications; review procedure.
[Amended 8-10-1999 by L.L. No. 23-1999; 6-12-2001 by L.L. No. 20-2001; 10-23-2001 by L.L. No. 43-2001; 4-23-2002 by L.L. No. 5-2002; 12-10-2002 by L.L. No. 50-2002; 12-12-2003 by L.L. No. 75-2003; 1-27-2004 by L.L. No. 2-2004; 2-27-2007 by L.L. No. 6-2007; 3-25-2008 by L.L. No. 15-2008; 5-12-2009 by L.L. No. 18-2009; 7-14-2009 by L.L. No. 28-2009; 7-27-2010 by L.L. No. 23-2010; 5-10-2011 by L.L. No. 14-2011]
A.
General provisions.
(1)
A preapplication hearing shall be required for all PDD applications, except as provided for in § 330-244 E herein as it pertains to Agricultural PDD applications.
(2)
A preapplication hearing shall be required for all Town-initiated PDD applications.
(3)
A preapplication hearing is encouraged, but not required, for PDD projects in which a public work session was held under the requirements of Local Law No. 15 of 2008, or for applications in which a declaration of lead agency was made pursuant to SEQRA.
(4)
Formal applications for PDD projects must include all the information required herein for both a preapplication and formal application.
(5)
Fees. The process for both a preapplication and a formal application shall begin with payment of the required fee to the Department of Land Management. A fee schedule shall be established, and amended as needed, by resolution of the Southampton Town Board. A copy of said fee schedule shall be available on the Town's website and from the Department of Land Management.
(6)
In addition to the above fee schedule, the Town Board may require an applicant to pay an amount, to be held in escrow and ultimately dispersed, to pay the costs incurred by the Town for all consulting services it may reasonably seek to engage, including, but not limited to, archaeological, engineering, planning, legal, appraisal, mailing and/or clerical costs incurred in the processing and review of the proposed PDD. Such amount deemed necessary for escrow shall be reasonably related to costs attendant to the Town's review, and such amount shall be computed by the Town Board in consultation with the applicant. Further, if such escrow payment is deemed necessary, this fee shall be in addition to and exclusive of any fee(s) properly assessed to the applicant in connection with the SEQRA process and shall also be submitted to the Department of Land Management.
B.
Preapplication.
(1)
The Town Board shall hold a public hearing on a preapplication. The preapplication hearing shall provide an opportunity for the public to submit comments and provide the applicant the benefit of both the Town Board's, as well as the public's input, as to form, layout, development constraints, zoning, environmental impacts, community benefits, and other issues before making a formal application.
(2)
A preapplication for a PDD shall include the following:
(a)
The name and address of the owner of record.
(b)
The location and owners of all adjoining lands, as shown on the latest tax records.
(c)
The proposed concept plan, at a minimum scale of one inch equals 40 feet, to be prepared by a licensed architect, landscape architect, civil engineer or surveyor, to include the date prepared; North arrow; written and graphic scale; and the name and address of the person, firm or organization preparing the concept plan, sealed with the applicable New York State license seal and signature.
(d)
A complete listing of existing easements, deed restrictions or covenants applying to the property. Said easements, deed restrictions, and covenants shall be shown on the aforementioned concept plan.
(e)
A description of the land use(s), density and scale of the project proposed, addressing how it is compatible with the surrounding land use and community character. Said description shall include:
[1]
The nature of the proposed PDD, comparing the existing and permitted land use(s), density, and dimensional regulations governing the site with those proposed for the PDD;
[2]
How the project fulfills, or is consistent with, community goals for land use and development, environmental protection, environmental and fiscal sustainability, and transportation;
[3]
How the project is consistent with, or will improve upon, the community character of the neighborhood surrounding the site of the proposed project;
[4]
How the project may affect, be affected by, or otherwise relate to or interact with any anticipated changes to the surrounding area, such as the development of vacant or underutilized properties, other potential zone changes, or pending development or public works projects;
[5]
Whether the subject property is located in a school district that contains Central Pine Barrens Core Preservation Land and, if so, the number of remaining (i.e., unredeemed) Central Pine Barrens credits in the district, whether such unredeemed credits have been registered for sale with the Pine Barrens Credit Clearinghouse, or not;
[6]
Compatibility with adjoining land uses;
[7]
As part of the application, the applicant shall be required to provide to the Town Board the name and address of the applicable Fire Department, ambulance/emergency medical services agency, and other municipal agencies or districts with jurisdiction over the subject property and the school district in which the proposed project lies.
(f)
An aerial map of the project site, showing the surrounding neighborhood for 1/2 mile and existing zoning both of the project site and the surrounding neighborhood.
(g)
A comparison of the allowable land uses and development yield under the existing zoning and under the proposed PDD.
[1]
As-of-right yield calculations shall be adjusted to account for development rights and sanitary capacity which may accrue to the lot due to preexisting nonconforming uses.
[2]
As-of-right yield calculations shall be adjusted to account for easements, covenants, or other development restrictions that may exist on the subject property.
[3]
For residential uses, information shall be provided on dwelling type, size, and number of bedrooms. For nonresidential uses, information shall be provided on the type of use, the size, and the number of required and proposed parking spaces.
[4]
When applicable, a description of the difference between the maximum as-of-right development yield under existing zoning, and that of the proposed project.
(h)
A description of the potential community benefit(s) to be provided. Said description shall:
[1]
Demonstrate that the proposed benefit(s) address planning goals of the Town of Southampton and the hamlet in which the project would be located.
[2]
Identify and align proposed community benefit(s) with the benefit to the applicant of the requested PDD. Such discussion may be generic.
[3]
Commit to offset the requested density increased, where applicable, with a community benefit or benefits that are a documented priority of the hamlet in which the project would be located.
[4]
For projects in school districts containing unredeemed Pine Barrens certificates, address whether and how the community benefit will utilize Pine Barrens credits to offset, in whole or in part, any requested density increase.
[5]
For projects where the community benefit may include the preservation of open space not in the Pine Barrens Core preservation area, the likely method of preservation to be proposed in the application, such as the transfer or purchase of development rights, direct land acquisition, or cash-in-lieu.
(i)
A completed public notification form containing the information required for use in the public notification process, including the resolution to set the preapplication hearing, the newspaper advertisement, and the Town website posting. Said notification form shall be available from, and maintained by, the Department of Land Management.
(3)
Preapplication preliminary report. At least 14 days prior to the preapplication public hearing, the Department of Land Management shall deliver to the Town Board, with a copy to the applicant, a preliminary report that summarizes the proposal in sufficient detail. Such report shall be available to the public and shall be included in the documents available for public review and agency referrals pursuant to the provisions of §§ 330-244F and H.
(4)
Preapplication summary report. Within 60 days of the close of the public hearing on the preapplication, the Department of Land Management shall issue a summary report to the Town Board and the applicant which:
(a)
Provides a generic assessment of the potential benefits and impacts of the proposed PDD;
(b)
Identifies aspects of the project that require further detail to enable assessment;
(c)
Notes potentially adverse impacts that require analysis should the project move forward;
(d)
Recommends project modifications, if applicable;
(e)
Comments on the nature and adequacy of the proposed community benefit(s);
(f)
Comments on how the proposal is or is not suited to the character of the community;
(g)
Summarizes public input and advisory reports; and
(h)
Notes any other relevant comment related to the proposed project, including the comments of the Town Board.
(5)
After the issuance of the preapplication summary report by the Department of Land Management, the Town Board shall elect whether to consider the application.
(a)
The decision of the Town Board to consider, or not to consider, a formal application for the proposed PDD in accordance with § 330-244C shall be made by resolution within 30 days of the issuance of the preapplication summary report by the Department of Land Management. Said resolution shall set forth the reasoning behind the Town Board's decision.
(b)
The applicant shall be notified of the Town Board's decision in writing. If the Town Board has elected to consider a formal application on the proposal, said notification shall include, as applicable:
(6)
Should the Town Board elect to consider the application, the applicant shall have a period of one year from the date of the close of the preapplication hearing to submit a formal application. Any proposal made after this one-year period shall be considered a new project and require a new preapplication hearing.
(7)
Nothing contained herein shall be construed to preclude or bind the Town Board from issuing or changing its decision or recommendations if new information or a change in circumstances arises at or prior to the formal application stage, nor shall anything herein be construed to bind the Town Board to any approval of the proposed PDD.
C.
Formal application. A formal application for a PDD, except for an Agricultural PDD, which shall be governed by the provisions of § 330-244E herein, shall be submitted to the Town Clerk on a form approved by the Town Board, and shall include the following:
(1)
Applicant and development team contact information: the names, addresses, telephone numbers, and e-mail addresses of the property owner(s) and the applicant (if different from the owner), and of the planner, engineer, architect, surveyor, landscape designer, attorney, and/or any other professional engaged to work on the project. If the applicant is not the owner, written authorization to submit the application, signed by each owner of the property, shall accompany the application.
(2)
Project overview: a written statement describing the nature of the proposed project, including the proposed use(s), project density, key design features, and any changes made subsequent to the preapplication hearing, including, but not limited to, any change in the yield calculation.
(3)
Site history and existing conditions: a written statement, supplemented by maps and photographs, of previous and current uses on the subject property, detailing development constraints including, but not limited to, the presence of structures, critical environmental areas (CEAs), restrictive overlay districts, easements, deed restrictions, covenants, wetlands, steep slopes, drainage issues, documented or suspected site contamination, erosion, mature vegetation, historic or archaeological significance, scenic views, rare or endangered species or natural communities, cross-access opportunities, area traffic conditions, and proximity to alternative transportation facilities, including sidewalks, bicycle lanes, paths or bus routes.
(4)
Project maps and plans: a development concept plan for the proposed project containing the following:
(a)
A survey map of the parcel(s) and a statement annexed to same, prepared by a land surveyor licensed to practice in New York State, showing the Suffolk County Tax Map number, the lot area of the parcel, terrain conditions such as topography, identification of soil types, existing drainage features, the extent of existing woodlands or wetlands, significant vegetation types, the location of existing structures, utility lines, easements and any existing or proposed restrictions on the property.
(b)
A site location sketch indicating the location of the property with respect to neighboring streets and properties, including the names of all owners of property within 1,000 feet thereof, the land use of said properties and the existing zoning and the location of all zoning district boundaries in the surrounding neighborhood.
(c)
A site plan or subdivision map indicating the approximate location, height and design of all buildings, the arrangement of parking spaces and access drives, the general nature and location of other proposed site improvements, landscaping and screening, storm drainage system, and water/sewer connection.
(5)
Architectural renderings and project elevations.
(6)
Environmental features: a statement and, as appropriate, maps, detailing any proposed environmental features of the project including, but not limited to, upgrades to wastewater treatment, construction to LEED, Energy Star, ICC, or other sustainability standards, stormwater best-management practices, view preservation, maintenance of habitat corridors, water conservation, green roof construction, low-input landscape design and maintenance.
(7)
Project development, operations and maintenance: a statement setting forth the general time frame for staging and completion of the proposed project, describing the proposed management, operation, and maintenance of the use.
(8)
Appraisals:
(a)
Applicant shall submit an appraisal, subject to review by a Town-appointed appraiser from the Suffolk County Division of Real Estate's approved appraiser list, at the applicant's expense, documenting:
[1]
The appraised value of the parcel, taking into account the underlying current zoning and any legal use of the property, including, but not limited to, preexisting nonconforming uses to which the owner is entitled; and
[2]
The appraised value of the parcel, which reflects the uses and densities proposed under a planned development district.
(b)
Agricultural PDDs shall not be required to obtain an appraisal.
(9)
Fiscal impacts: The applicant shall provide an analysis of the fiscal impacts of the project on all relevant property taxing districts, prepared in consultation with the Town Assessor's Office. Said analysis shall include a comparison of current property tax revenues with projections for the proposed development, estimates of taxes for the as-of-right development yield and the estimates of property values. The analysis shall also compare the cost of providing the relevant community service of each taxing district (e.g., school, library, ambulance), for the current, proposed, and as-of-right use of the project site. The name and address of the relevant school district, fire department, ambulance/emergency medical services agency, and other municipal agencies or districts with jurisdiction over the subject property shall be included.
(10)
Community benefit:
(a)
The applicant shall provide a statement of the proposed community benefit, or package of benefits, highlighting any and all changes from the community benefits discussed at the preapplication stage.
(b)
Said statement shall refer to a list of desired hamlet-specific community benefits maintained by the Department of Land Management, prepared with community input, and updated from time to time. Such lists may include proposals that have been determined not to be a community benefit in a particular hamlet.
(c)
Said statement shall document values of property, Pine Barrens credits, development rights, infrastructure improvements, housing subsidies, and any other public benefits to be considered, with recent fair market appraisals or professionally prepared estimates.
(11)
Impact assessment: The applicant shall provide Part I of an EAF (environmental assessment form) Long Form, and such other information as may be required by law or as may be determined necessary by the Town Board or the Planning Board to facilitate a review of the application under other provisions of this article.
(12)
Appropriateness and compatibility of the proposed land use(s), density and scale of development as it relates to the Comprehensive Plan: an analysis of the relationship between the site, adjoining properties, and the surrounding neighborhood; conformity to the Comprehensive Plan, the Central Pine Barrens Comprehensive Land Use Plan, plans for the South Shore or Peconic Estuary Reserves, and other local and regional plans as may be applicable; the availability and adequacy of community facilities and utilities to serve the site; the safety and capacity of the street system in the area in relation to the anticipated traffic generation; availability of alternative transportation modes; proximity to compatible uses; impact on or improvement to area visual character, etc. The narrative shall address how the project will resolve the development constraints and potential impacts identified through the requirements of this section.
(13)
A disclosure affidavit in the form prescribed by the Town Board.
D.
Timeline for applications.
(1)
Within 21 days of receiving a preapplication or formal PDD application, the Department of Land Management shall notify the Town Board, with a copy to the Town Clerk and the applicant, indicating whether the application complies with the minimum submission requirements of this chapter or whether additional information is required. If additional information is required, the Department of Land Management shall, within 10 days of receiving said additional information, notify the Town Board, with a copy to the Town Clerk and the applicant, as to whether the application now complies with the minimum submission requirements or whether further information remains outstanding. The response time required of the Department of Land Management on each subsequent submission by the applicant shall remain 10 days.
(2)
Notification to the applicant that the preapplication or formal application complies with the minimum submission requirements, and may therefore proceed to Town Board and public review, shall be made in writing, with a copy submitted to the Town Clerk. Said notice shall specify the number of printed application copies required to be delivered to the Town Clerk, which shall be determined by the Department of Land Management.
(3)
Together with the required number of printed copies, the applicant shall provide the Town Clerk with a complete copy of the preapplication or formal application in an electronic format, compatible with the Town's computer system.
(4)
Upon delivery of these documents to the Town Clerk, the applicant shall pay the Town Clerk the cost to cover the public notification requirements detailed below.
E.
Agricultural PDD.
(1)
Submission requirements. The applicant shall submit a number of copies, as determined by the Department of Land Management, of an application form that has been approved by the Town Board, which must contain the following information:
(a)
The names and addresses of property owners and the applicant (if different from the owner). If the applicant is not the owner, written authorization to submit the application, signed by each owner of the property, shall accompany the application.
(b)
The Suffolk County Tax Map numbers for parcel(s) that will be within the proposed Agricultural PDD.
(c)
A written statement that the property owner(s) intend to maintain their property in a manner consistent with agricultural production as defined in § 301 of the Agriculture and Markets Law for a minimum of 10 years. A description of current agricultural production should be included with the written statement.
(d)
A disclosure affidavit in the form prescribed by the Town Attorney.
(e)
The name and address of the relevant fire department, ambulance/emergency medical services agency, and other municipal agencies or districts with jurisdiction over the subject property.
(f)
A copy of the deed of the parcel(s).
(g)
A current survey of the property or map depicting the areas to be included within the proposed Agriculture PDD.
(2)
Public hearing. In the case of an Agricultural PDD, a preapplication public hearing is not required. The Town Board shall schedule and hold a public hearing within 30 days of receipt of the report and recommendations of the Agricultural Advisory Committee, or the expiration of the Agricultural Advisory Committee review period, with the same notice as prescribed by law for zoning amendments.
(3)
Town Board action. In the case of an Agricultural PDD, the Town Board shall take action within 30 days of the closing date of the public hearing.
(4)
Term and expiration of approval.
(a)
The term of the Agricultural PDD shall be for a minimum of 10 years, and it shall remain in effect so long as a landowner utilizes the property for a use consistent with bona fide agricultural production as defined in § 301 of the Agriculture and Markets Law. When a landowner wishes to terminate the Agricultural PDD, he shall submit a written notice to this effect to the office of the Town Clerk, designating the termination date.
(b)
A landowner may submit a subdivision application and develop the property as a conservation opportunities subdivision without waiting a minimum of 10 years after the Agricultural PDD has been approved. During the application process, the Agricultural PDD shall remain in effect.
(c)
The landowner may sell development rights pursuant to the provisions of this chapter at any time after the PDD has been granted.
F.
Public notification.
(1)
The Town Clerk shall advertise the preapplication or formal application public hearing at least 14 days prior to its scheduled date in the newspaper of record. Two advertisements shall be placed: one in the legal notice section and one in the display section of the newspaper. The display ad shall be a minimum size of 1/4 page, and shall include the information contained in the required public notification form. It shall also state that additional information is available on the Town website. No additional advertisement shall be required for any adjournment date.
(2)
Within seven days of scheduling a public hearing date, the Town Clerk shall cause to have the preapplication or formal application made available on the Town website. The information shall remain available on the Town website for as long as the proposal remains under consideration by the Town Board.
(3)
At least 14 days prior the scheduled public hearing date, the Town Clerk shall distribute a notice announcing the date and time of the hearing, which shall include summary information on the project, to a list of relevant appointed and advisory boards, committees, public agencies, civic groups and associations that shall be detailed and established in the resolution setting the public hearing date. Said communications shall also contain a link or the web address to locate the application information posted on the Town website. Appointed Boards shall be encouraged, but not required, to submit written comments on the preapplication.
(4)
The applicant shall, at least 14 days prior to the scheduled date of a preapplication or formal application public hearing, erect or cause to be erected a sign, which shall be displayed on the property for which the public hearing is to be held, facing each public street on which the property abuts, giving notice that a public hearing will be held for the purpose of considering the potential for a planned development district at that site, and stating the date, time and place where the public hearing will be held. Each sign shall be located no more than 10 feet from the street line and shall be not less than two nor more than six feet above the natural grade at the street line. The sign(s) shall be furnished by the Department of Land Management, and only such sign(s) shall be used. The applicant shall file an affidavit with the Town Board that he/she has complied with the provisions of this section. Failure to submit such affidavit shall result in the adjournment of the public hearing and reposting pursuant to this section.
(5)
The applicant shall, at least 14 days prior to the scheduled date of a preapplication or formal application public hearing, mail a notice of said hearing to every property owner, as shown on the current Town of Southampton assessment rolls, of all parcels within 500 feet of the property which is the subject of the public hearing. Such notice shall convey information on the date, time and place of the public hearing and reference the application documents available on the Town website. It shall be sent by either certified or registered mail, return receipt requested. Proof of such notice shall consist of a certified copy of the assessment rolls, the return receipts, and an affidavit attesting to compliance with this mailing notification. Such proof shall be submitted to the Town Clerk at least 72 hours prior to the public hearing. Failure to submit the affidavit and postal receipt cards shall result in the adjournment of the public hearing and remailing pursuant to this section.
G.
Public hearing.
(1)
The public hearing for either a preapplication or a formal application shall be held no sooner than 45 days from the date said application is filed with the Town Clerk.
(2)
The hearing shall take place at a regular or special meeting of the Town Board, and the applicant and the public in attendance shall be afforded an opportunity to be heard. The hearing shall be scheduled at an evening meeting, if possible.
(3)
The Town Board shall close the public hearing within 60 days of the hearing's opening for a preapplication, and within 180 days for a formal application, unless an extension is mutually agreed upon by the Town Board and the applicant.
H.
Referral to Planning Board and other agencies.
(1)
Except for Agricultural PDDs, every preapplication and formal application for a PDD shall be referred to the Planning, Conservation, Landmark and Historic Districts and Architectural Review Boards for review and recommendation. Reports on preapplications shall be discretionary. Within 30 days of the date of the referral of a formal application, the Planning, Conservation, Landmark and Historic Districts and Architectural Review Boards shall report their recommendations back to the Town Board. No final action shall be taken by the Town Board until receipt of said reports, or the expiration of the review period, whichever comes first. Said review period may be shortened or extended by consent of the Town Board.
(2)
Each revision of the project concept plan submitted by the applicant to the Town Board in the formal application stage may require a new referral to the Planning, Conservation, Landmark and Historic Districts and Architectural Review Boards, where the initial review identified issues of concern.
(3)
In preparing its report(s) and recommendation(s), the Planning Board shall take into consideration the recommendations of the Comprehensive Plan, the existing characteristics and arrangement of land uses in the area, the environmental and cultural aspects of the project site and its surroundings, the relationship of the proposed design and location of buildings on the site, traffic circulation on and off the site, the adequacy of available community facilities and utilities to service the proposed project, compliance of the proposed project with the standards and requirements of this chapter, the then-current need for the requested use(s), and such other factors as may be appropriately related to the purpose and intent of this article and other provisions of the Town Code.
(4)
With regard to potential impacts to community services, the Town Board shall also transmit the application and/or solicit comments and preliminary review concerning the proposed PDD zoning designation from the Chief Fire Marshal, the Fire Department with jurisdiction, or other municipal agencies or districts with jurisdiction, including agencies under contract to provide ambulance/ emergency medical services to the subject property. For input from agencies under contract to provide ambulance/emergency medical services to the subject property, the Town Board shall refer conceptual plans to the EMS Advisory Association for its recommendations. The Town Board shall also refer the application to the school district in which the proposed project lies.
(5)
The school district within which the project lies, the Chief Fire Marshal, the Fire Department with jurisdiction, or other municipal agencies or districts with jurisdiction, including agencies under contract to provide ambulance/ emergency medical services to the subject property, may provide comments for the Town Board to consider, and shall forward said comments to the Town Board within 45 days of such referral. No response following such forty-five-day period shall be construed as no potential adverse impacts to community services, and no additional requirements may be deemed necessary by such agency for consideration by the Town Board in its review and possible approval.
I.
Town Board action.
(1)
A copy of the resolution containing the Town Board's decision either to approve or deny the proposed PDD shall be forwarded to the Planning Board and the applicant within three business days. A copy shall also be placed on file in the office of the Town Clerk, and, if in the form of an approval, the official copy of the Town Zoning Map shall be amended accordingly. Approval is required to authorize the applicant to proceed with the detailed design of the proposed project in accordance with the concept design plan and the subsequent procedures and requirements of this article.
(2)
The resolution containing the Town Board's decision shall include the following:
(a)
The reasoning behind the Town Board's decision, referring to the extent to which the proposal meets established Town and hamlet goals for the project area;
(b)
If approved, a detailed statement of the required community benefit, including a description of the benefit, how the benefit was determined, how it meets the criteria given in § 330-245 of the Town Code, and how and when it will be provided. When the approved community benefit consists all or in part of a cash-in-lieu payment to the Town, the resolution shall enumerate the allowable expenditures of such monies.
[1]
The Town Board shall establish a schedule for implementation of the established community benefit(s). Said schedule shall be incorporated into the Town Code for the newly established PDD zone.
[2]
When all or part of the required community benefit(s) is to be provided by a cash-in-lieu-of payment, the PDD legislation shall enumerate the allowable expenditures of such monies. A preferred, and at least one alternate use of the funds, option shall be given to facilitate the expenditure in a timely manner.
[3]
Any cash-in-lieu-of payments shall be deposited into a restricted account attendant to those uses specified in the PDD legislation.
(3)
A supermajority vote of the Town Board shall be required for the approval of a formal PDD application, or the amendment of an approved PDD project, exclusive of agricultural PDDs, which shall be subject to a simple majority vote.
[Added 8-23-2011 by L.L. No. 40-2011[1]]
[1]
Editor’s Note: This local law passed at referendum 11-8-2011.
J.
Expiration of approval. Except for Agricultural PDDs, approval of the establishment of a PDD shall expire 36 months after the date of approval by the Town Board unless the appropriate Planning Board approvals have been obtained and substantial construction has begun. In an effort to remain true to the purposes and goals of the Town Board at the time it approved a particular PDD application, the Department of Land Management shall provide comments and recommendations to the Planning Board for any pending PDD application, adopted by the Town Board but being reviewed by the Planning Board, which may be affected by any recently adopted hamlet study, moratorium study, or Comprehensive Plan update findings, for the Planning Board's due consideration when considering said PDD application. In the event of an expiration of approval, the PDD may, after proper notice and a public hearing, revert to its prior zoning classification, and the Town Clerk shall amend the official copy of the Zoning Map in accordance therewith. Approval for a specific PDD shall be use-specific and shall not entitle the substitution of another PDD without an entirely new application under this article. There shall be no expiration of the approval of the establishment of a PDD where the Town Board establishes said PDD on its own motion.
K.
Oversight and review.
(1)
For each PDD approved, except for Agricultural PDDs, the Town Board shall establish a committee to provide oversight and make recommendations to the Town Board on such actions as may be needed to ensure implementation of the required community benefit according to the schedule established by the Town Board and in accordance with the intent of PDD-specific community benefit requirement. Said committee shall also provide oversight on project development, as needed, to ensure that it is built to the approved plan. The Oversight Committee shall be appointed by the Town Board and shall include stakeholder representation including the applicant or designee, one member of the Community Advisory Committee (CAC) in which the project is located, and the following Town officials or their designees: Town Comptroller, Town Attorney, Town Planning and Development Administrator, Chief Building Inspector and, when land preservation is required, the Town's Community Preservation Fund Manager.
(2)
By June 1 of each year, the Department of Land Management shall provide the Town Board with a brief report on the PDD application activity over the previous year, including, but not limited to, a listing of new and pending applications and their status, a qualitative assessment of the applications received in the previous year, and an assessment of the quantity and content of public comments on those applications.
(a)
Within 45 days of the receipt of the said report, the Town Board shall, at a public work session, consider the contents of said report, the impact of the Town's PDD legislation on Town growth and development, and whether further action is needed to amend the PDD provisions of the Town Code.
§ 330-245 Evaluation criteria and general development standards.
A.
No earth work, land clearing, construction or development shall take place on any property in a PDD except in accordance with the subdivision or site plan approved by the Planning Board in accordance with this article and the procedures and standards for site plan approval set forth in this chapter.
B.
In cases in which a proposed project also involves the subdivision of land, no development may proceed until the Planning Board has granted final subdivision approval in accordance with the standards and procedures of Chapter 292 of this Code.
C.
Approval of a site plan for any of the uses listed in this article shall be conditioned upon sanitary waste discharge levels which are found to be acceptable by the Suffolk County Department of Health Services.
D.
Unless restricted otherwise herein, minimum yard setbacks, allowable lot coverage, maximum height or other dimensional requirements for any of the structures devoted to uses listed in this article shall be set by the Planning Board and delineated on the approved plan rather than determined by any other provisions in this Code, but shall in no event be less restrictive than those dimensions set forth on the preliminary site plan submitted in accordance with § 330-244 and upon which the Town Board placed reliance in approving the PDD amendment. The Town Board and Planning Board shall consider the dimensional requirements of the underlying zone as the initial basis for the development design.
E.
On-site parking and access requirements shall be determined by the Planning Board based upon the off-street parking schedule in this chapter and reasonable planning standards. Parking and access requirements shall not be less than those shown on the preliminary site plan unless the Town Board shall, by resolution, consent to any such reduction. The Town Board and Planning Board shall consider the requirements of the underlying zone as the initial basis for the development design.
F.
No planned development district shall be located within the Central Pine Barrens core preservation area as defined in § 330-217 of this chapter.
[Amended 12-21-2001 by L.L. No. 54-2001]
G.
No planned development district shall be located within the Central Pine Barrens compatible growth area as defined in § 330-217 of this chapter or within a critical resource area as defined in § 4.5.4.1 of the Central Pine Barrens Comprehensive Land Use Plan, unless the proposed development adheres to the Commission’s review pursuant to § 4.5.4 of the Central Pine Barrens Comprehensive Land Use Plan, provided that the PDD ensures enhanced protection of the critical resource feature for which the CRA is designated and if the PDD is located within the Aquifer Protection Overlay District, also complies with the minimum clearing restrictions set forth in § 330-67 and, if applicable, open space requirements of § 247-8.
[Amended 12-21-2001 by L.L. No. 54-2001]
H.
A planned development district may be authorized where the Town Board finds that the development will be beneficial, compatible and harmonious with the surrounding land uses and not have a significant adverse impact upon the environment. The siting of a planned development district shall also be consistent with the recommendations of the Comprehensive Plan.
[Added 12-21-2001 by L.L. No. 54-2001]
I.
Community benefit. For each PDD approved, the Town Board shall establish a required community benefit(s) specific to the project. The required benefit(s) shall be detailed in the resulting PDD legislation. In determining the community benefit requirement for a proposed PDD, the Town Board shall consider:
[Added 5-24-2011 by L.L. No. 17-2011; amended 7-26-2011 by L.L. No. 24-2011]
(1)
The benefit to the applicant of the proposed zone changes, above an as-of-right project on the subject property;
(2)
The value to the Town and hamlet of achieving the proposed development or redevelopment project in the project location, including, but not limited to, whether the project:
(a)
Advances the goals of the Town's Comprehensive Plan and other adopted plans relevant to the project location;
(b)
Eliminates a nonconforming use;
(c)
Meets an established community need;
(d)
Involves site rehabilitation or reclamation;
(e)
Will set a model for future area development or redevelopment; or
(f)
Stimulates desired economic development activity;
(3)
Community impacts anticipated as a result of the PDD that cannot be mitigated through project design and traffic system improvements. Such impacts include, but are not limited to, long-term costs of community services and development inducing impacts;
(4)
The cost to the applicant of providing the community benefit, with such costs verified by independent, fair appraisals, professionally prepared estimates and/or other relevant documentation as may be appropriate to the specific benefit(s) under consideration;
(5)
Whether the project is in a school district with unredeemed Pine Barrens credits. If so, priority shall be given to PBC redemption as all or part of the required community benefit;
(6)
Whether the applicant proposes project features that would otherwise be required of development on the subject property through the site plan, subdivision, architectural, SEQRA, or other regulatory review process. Said features shall not qualify as community benefits.
(7)
Whether affordable housing is an appropriate public benefit, that is, when there is a demonstrated need in the hamlet where the project would be located for the type of affordable units proposed.
(a)
In making said determination, consideration shall be given to the need for affordable housing in the particular hamlet, the appropriateness of the proposed site, the environmental suitability of the site, and the protection of community character;
(b)
In making said determination, the density incentive should not result in an adverse impact on the affected school district or other special assessment district.
(8)
A list of desired hamlet-specific community benefits, maintained by the Department of Land Management, and prepared in accordance with community input, and hamlet-specific priorities identified in the Comprehensive Plan and/or other related studies. Said list shall not be exclusive.
(a)
Where there are several alternative benefits being considered, the Town Board shall consider the feasibility and timing of the implementation of each, with priority being given to benefits that may be more readily achieved.
§ 330-246 Development standards for specific PDD classifications.
[Amended 11-13-2001 by L.L. No. 51-2001; 6-25-2002 by L.L. No. 19-2002; 12-23-2002 by L.L. No. 57-2002; 2-22-2005 by L.L. No. 5-2005]
A.
Residential Planned Development District (RPDD). The RPDD is predominantly intended to encourage flexible residential development with provisions for recreational, agricultural, community uses, services and activities normally accessory to residential use, while maximizing the preservation of natural vegetation and resources. Clustering, open space preservation, and the most efficient utilization of transportation systems, utilities and public services are intended to be achieved by the RPDD. The intent is to support creative, desirable and affordable private residential development by providing incentives and flexibility which encourage the use of innovative planning and design techniques.
[Amended 9-13-2005 by L.L. No. 50-2005]
(1)
Requirements.
(a)
The RPDD shall be beneficial, compatible and harmonious with the surrounding land uses, and the goals and objectives set forth in this article and the Comprehensive Plan must be maintained and furthered.
(b)
No RPDD shall be located within the Tidal Floodplain and Ocean Beach Overlay District.
(c)
There shall be no commercial or industrial enterprises as a principal use within an RPDD.
(d)
Any building that contains four, five, or six dwelling units shall be equipped with an automatic fire sprinkler system in accordance with National Fire Protection Association (NFPA) 13D Standards.
[Added 9-11-2007 by L.L. No. 45-2007]
(e)
Any building that contains seven or more dwelling units shall be equipped with an automatic fire sprinkler system in accordance with National Fire Protection Association (NFPA) 13R Standards.
[Added 9-11-2007 by L.L. No. 45-2007]
(2)
Yield.
(a)
The initial yield for the receiving site shall be determined by a yield map prepared in accordance with the existing zoning set.
(b)
The resultant yield of an RPDD shall be the sum of the receiving parcel yield plus the density obtained from the transfer of development rights or PBCs from any sending parcels as set forth in this chapter.
(c)
Notwithstanding the provisions of the aforementioned subsections, the yield may be increased, at the discretion of the Town Board, to achieve any of the goals set forth in this chapter, or to provide for community benefits or public facility that satisfies an identified public need as recommended by the Comprehensive Plan or as established by the Town Board, excluding common and/or requisite public improvements. New York State Law permits the Town to utilize incentive zoning for the purpose of obtaining community benefits. New York State Town Law § 261-b of the State of New York defines "community benefits or amenities" as " open space, housing for persons of low or moderate income, parks, elder care, day care, or other specific physical, social or cultural amenities, or cash in lieu thereof, of benefit to the residents of the community authorized by the Town Board." The Town's Master Plan recommends that the use of planned development district (PDD) zoning for large senior housing or multifamily housing developments, whereby additional density can be achieved through the transfer of development rights (TDRs) or Pine Barren Credits (PBCs), such that there is no substantial increase in the number of dwelling units or population within the Town because development has been redirected in order to channel growth and preserve more ecologically sensitive lands.
(d)
However, in no case shall the residential yield exceed two units per acre unless the site is served by public water and the Suffolk County Department of Health Services has approved the method of sewage treatment.
(3)
Permitted uses. Within the RPDD, the following residential uses or residential accessory uses shall be permitted, subject to compliance with all applicable laws, rules and regulations:
(a)
One-family, two-family and multiple dwellings.
(b)
Residential condominiums or residential cooperatives, multifamily housing developments, senior housing developments (both ownership units and rental apartments).
(c)
Nursing homes, proprietary rest homes, life-care facilities and retirement communities.
(d)
Mobile home parks.
(e)
Agriculture, animal husbandry and horse stabling.
(f)
Golf courses.
(g)
Tennis, handball and racquetball courts.
(h)
Swimming pools.
(i)
Boat launching and docking facilities.
(j)
Parks, playgrounds, basketball courts and trails.
(k)
Indoor recreation facilities (nonprofit).
(l)
Any use not specifically identified above but otherwise permitted or special exception in the existing underlying residential zoning district.
(4)
Universal design. To the extent practicable, the development shall incorporate universal design standards to reduce problems meeting requirements for accessibility pursuant to the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA). Universal design, as defined in § 330-5, is a flexible, inclusive process aimed at enabling all occupants access regardless of size, age, or abilities, including but not limited to accessibility code compliance. The diverse needs of the development's population should be accommodated in a cost-effective yet dignified and pleasant manner assuring a convenient, safe, and secure environment for all persons residing in such development, whether active or physically challenged, youthful or elderly.
(a)
Residential units, to the extent practicable, shall incorporate adaptable design or visitable design concepts by conformance to the supplemental design requirements listed in Chapter 123, Article IV, Universal Design, as applicable to high-density residential development designated as "senior housing" or "multifamily housing."
(b)
For retirement communities and other age-restricted residential planned developments, due consideration shall be given in planning walks, ramps, and driveways to prevent slipping or stumbling, and handrails and ample places for rest shall be provided. Gradients of walks shall not exceed 5%, and single riser grade changes in walks shall not be permitted, unless it is impractical to do so because of terrain or unusual characteristics of the site. All outdoor areas available to residents shall permit such residents to move about without danger and with minimum effort.
(5)
Architectural review. All signage and construction shall be subject to the review of the Board of Architectural Review pursuant to Article XIX of this chapter, or its successor. Building prototypes and design shall reflect indigenous architecture and shall be built with consideration to the special character of Southampton as a rural and resort community. Particularly for large developments comprised of townhouses or detached single-family units, in choice of exterior finish, care shall be taken to avoid the appearance of a development in which all units appear exactly the same.
(6)
Safeguards. Retirement communities and other age-restricted residential planned developments shall be owner-occupied, and no rental of any portion of the unit or subletting of the unit itself shall be permitted. Appropriate safeguards should be instituted to forestall seasonal rentals of any portion of the units or the units in general, including the imposition of covenants and restrictions binding upon all owners and occupants.
(7)
Standards on location. For an RPDD which contains residential condominiums or residential cooperatives, nursing homes, proprietary rest homes, life-care facilities, retirement communities, senior housing or multifamily housing developments, or mobile home parks, the site should be located within a convenient distance from a central business district or hamlet center or village center, which provides shopping, access to public transportation, and community facilities. Generally, all multi-unit developments involving higher density prototypes (e.g., townhouses, apartment buildings, attached housing, etc.) are to be within 1/2 mile of a hamlet center or village center.
(a)
Hamlet Centers and Village Centers.
[1]
Hamlet centers and village centers, as defined in § 330-5, are identified in the Town Comprehensive Plan and further classified as "major hamlet centers," "small hamlet centers," "major village centers" and "Town business centers." A Map of Hamlet Centers and Village Centers is on file in the office of the Town Clerk. Hamlet centers contain zoning districts such as Village Business Districts (VB), Shopping Center Business Districts (SCB), or hamlet-scale mixed-use business districts such as Hamlet Commercial/Residential (HC) which may incorporate a grocery store, community pantry, and personal services. Senior housing and multifamily housing developments may only be permitted if located a short and safe walking distance no greater than 1/2 mile to a hamlet center or village center or Shopping Center Business (SCB) District or the site is within a short and safe walking distance no greater than 500 feet from a public transit area, as defined in § 330-5 (e.g., municipal bus stop or train station).
[2]
"Short and safe walking distance" shall be construed as meaning convenient and having adequate sidewalks, street lights, and other pedestrian-friendly, traffic-calming amenities presently available or shall be established as a condition of approval for the RPDD designation.
(b)
Waivers for small senior housing or multifamily housing developments. Waivers to the above siting requirement for an RPDD designation are applicable to small multifamily or senior housing developments, that is those developments which consist of twenty (20) units or less, provided some other public benefit is conveyed by such waiver. New York State Town Law defines "community benefits" to include "housing for low to moderate income persons."
(c)
Waivers for other senior housing or multifamily housing developments (e.g. large or medium, as defined in Article III, Senior Citizen Zone, § 330-12; and Article IV, Multifamily Planned Residential Development District, § 330-17, or more than 75 units). In certain cases, waivers to the above siting requirements may be applicable to other senior housing or multifamily housing developments in the following circumstances:
[1]
If consistent with a Hamlet Study, Area Study, PDD Study or other planning study adopted as an Update to the Town Comprehensive Plan, such as a site identified for redevelopment or incentive zoning (e.g., potential sites identified for multi-unit housing, golf course retirement community, community renewal / redevelopment, elimination of a preexisting nonconforming use, etc.), and the use of such innovative planning floating zone assists the Town in realizing substantial community benefits.
[2]
In cases where the proposed senior housing or multifamily housing development is not located a short and safe walking distance to a hamlet center, village center or a public transit area, the applicant shall provide a shuttle bus service and/or other transportation mitigation measures.
[3]
Implementation of Central Pine Barrens Plan and/or other transfer of development rights programs. For example, waivers could be provided to certain Residential Planned Development Districts (RPDDs) in which additional density is achieved through the transfer of development rights (TDRs) or Pine Barrens Credits (PBCs), whereby there is no substantial increase of dwelling units or population within the same school district because development has been redirected in order to channel growth and preserve more ecologically sensitive lands, and the use of such innovative planning areas also assists the Town in realizing substantial public benefits. TDRs may also originate from parcels determined to be important to protect community character, including but not limited to scenic greenways and greenspace within developed neighborhoods within the same school districts.
(d)
Additional criteria for waivers from aforementioned location standards for senior citizen housing developments, life-care facilities, retirement communities, and multifamily housing developments; procedure.
[1]
Concurrent with an application seeking planned development district designation, an applicant seeking a waiver from the aforementioned location standards shall make such request in writing to the Town Board with a copy filed in the office of the Town Clerk. The applicant shall indicate the following:
[a]
A project description and the reasons prompting the request for a waiver of aforementioned location standards.
[b]
The total number of housing units proposed and whether or not the applicant is seeking to develop a small senior housing development, as defined herein as those developments which consist of 20 units or less.
[c]
The nature of the public benefits provided by the proposed senior citizen housing development, including the number of units proposed as set-aside units for low-, moderate-, or middle-income persons.
[d]
Whether or not the applicant is or is working with a bonafide nonprofit corporation and guarantees to develop and maintain a substantial (e.g., 50%) portion of the resultant housing at a purchase price or tenant cost within the moderate- to middle-income housing market.
[e]
Whether the site is identified as a potential site or redevelopment site suitable for multi-unit housing development or incentive zoning in the Town's Master Plan or a Hamlet Study or Area Study or other planning study adopted as an update to the Comprehensive Plan (e.g., potential site identified for multi-unit housing, a retirement community with a public golf course amenity, community renewal/redevelopment, elimination of a preexisting, nonconforming use, etc.).
[f]
Whether or not the proposed project entails transfers of development rights or redemption of Pine Barrens Credits (PBCs) to achieve additional density or yield.
[2]
The Town Board shall hold a public hearing to consider such request for a waiver from the aforementioned location standards and may request advisory reports from the Town Planning and Development Administrator. The public hearing may be held concurrently with the hearing to consider comments on the petition for a change-of-zone, provided that the notice of hearing specifically references the applicant's request for a waiver of the aforementioned location standards.
[3]
The Town Board shall authorize a waiver of the aforementioned location standards as a provision expressly noted in the local law permitting a zone change to PDD following a public hearing, provided that a favorable determination is made by the Town Board in its findings based on the criteria noted below in the Subsection A(7)(e)[2].
(e)
Findings by the Town Board.
[1]
In determining whether to grant a zone change to a planned development district involving senior housing or multifamily housing, the Town Board, in addition to its usual discretion in considering a change of zone, shall also consider the need for additional senior housing and multifamily housing in the particular hamlet, the nature and extent to which the applicant intends to provide moderate-income housing units, the appropriateness of the site, environmental considerations, the proposed development design to accommodate an increased density, and any potentially significant negative impacts to any special assessment district in which the proposed development is located. In addition, the Town Board shall find that the housing development is consistent with the recommendations of the Comprehensive Plan, will be beneficial, compatible and harmonious with the surrounding land uses and will not have a significant adverse impact upon the environment, or a special assessment district in which the site is located.
[2]
In deciding whether or not to authorize a waiver of the aforementioned location standards, in addition to the foregoing, the Town Board shall consider the following:
[a]
The nature or the public benefits conveyed by the waiver, including the provision of housing within the means of low- to moderate-income persons.
[b]
Whether or not the proposed housing development involves the transfer of development rights or redemption of Pine Barrens Credits (PBCs) or a cash-in-lieu amount equivalent to ensure off-site preservation or acquisition of interests in land in order to achieve the development yield or higher density, excluding any requisite below-market-rate units reserved for persons of low, moderate, or middle income with long-term affordability restrictions proposed by covenants and restrictions.
[c]
The findings by the Town Board and all conditions associated with a waiver of the location standards shall be specified in the local law noted in Subsection A(7)(d)[3] above. The Town Board may require supplemental design standards, TDRs or additional affordable set-aside units or other community benefits, and other mitigation measures
[3]
As a change of zone or amendment to the Zoning Map is a discretionary act by the legislative body, the Town Board may find that any development or redevelopment of the property is best accommodated under its existing zoning or an alternative zoning overlay district or zoning classification.
(8)
Fire protection. For high-density residential development designated as "senior housing" or "multifamily housing,” the RPDD site plans shall provide access for firefighting equipment and personnel and shall provide hydrants in such number and location and with such water pressure as may be determined adequate by the Planning Board, based upon the recommendation of the Town Engineer and the Fire Department and Emergency Medical Services provider having jurisdiction. In the interest of public safety, key boxes for emergency access are required in certain circumstances involving electronic security driveway gates within RPDD site plans (e.g., gated community) and shall be in conformance with the recommendations of the public safety agencies providing the primary fire protection and emergency medical services to the location. Compliance with the provisions of Chapter 330, Article XXX, Driveway Standards, is also required.
[Added 7-28-2009 by L.L. No. 32-2009]
B.
Mixed-Use Planned Development Districts (MUPDD). The Mixed-Use Planned Development District (MUPDD) is intended to provide a flexible mixture of usage among residential, commercial services and institutional uses while maximizing the preservation of natural vegetation and resources. The commercial uses provided in this district should provide convenient services to the residential uses therein. Clustering, open space preservation, elimination of sprawling complexes and developments, and the most efficient utilization of transportation systems, utilities and public services are intended to be achieved by the MUPDD. The intent is to support creative, desirable and affordable private residential and nonresidential development by providing incentives and flexibility which encourage the use of innovative planning and design techniques.
[Amended 9-13-2005 by L.L. No. 50-2005]
(1)
Requirements.
(a)
The MUPDD shall be beneficial, compatible and harmonious with the surrounding land uses, and the goals and objectives set forth in this article and the Comprehensive Plan must be maintained and furthered.
(b)
No MUPDD shall be located within the Tidal Floodplain and Ocean Beach Overlay District.
(c)
Any building that contains four, five, or six dwelling units shall be equipped with an automatic fire sprinkler system in accordance with National Fire Protection Association (NFPA) 13D Standards.
[Added 9-11-2007 by L.L. No. 45-2007]
(d)
Any building that contains seven or more dwelling units shall be equipped with an automatic fire sprinkler system in accordance with National Fire Protection Association (NFPA) 13R Standards.
[Added 9-11-2007 by L.L. No. 45-2007]
(2)
Yield.
(a)
The initial yield for the receiving site shall be determined by a yield map prepared in accordance with the existing zoning set.
(b)
The resultant yield of an MUPDD shall be the sum of the receiving parcel yield plus the density obtained from the transfer of development rights or PBCs from any sending parcels as set forth in this chapter. Each development right or Pine Barrens credit shall be equivalent to a sewage flow rate of 300 gallons per acre per day as described in the Suffolk County Department of Health Services standards and/or up to a two-percent increase in building coverage, floor area, height or building mass. However, there shall not be an overall increase in building coverage, floor area, height or building mass greater than 10% over the requirements of the underlying zone (i.e., where 30% is the maximum coverage in the underlying zone, a maximum of 40% may be permitted).
(c)
Notwithstanding the provisions of the aforementioned subsections, the yield or the building coverage, floor area, height, or building mass may be increased, at the discretion of the Town Board, to achieve any of the goals set forth in this chapter, or to provide for community benefits or public facility that satisfies an identified public need as recommended by the Comprehensive Plan or as established by the Town Board, excluding common and/or requisite public improvements. New York State Law permits the Town to utilize incentive zoning for the purpose of obtaining community benefits. New York State Town Law § 261-b of the State of New York defines "community benefits or amenities" as "open space, housing for persons of low or moderate income, parks, elder care, day care, or other specific physical, social or cultural amenities, or cash in lieu thereof, of benefit to the residents of the community authorized by the Town Board." The Town's Master Plan recommends that the use of planned development district (PDD) zoning for large senior housing or multifamily housing developments, whereby additional density can be achieved through the transfer of development rights (TDRs) or Pine Barrens Credits (PBCs), such that there is no substantial increase in the number of dwelling units or population within the Town because development has been redirected in order to channel growth and preserve more ecologically sensitive lands.
(d)
In no case shall the residential yield exceed two units per acre unless the site is served by public water and the Suffolk County Department of Health Services has approved the method of sewage treatment.
(3)
Permitted uses. Within the MUPDD, the following residential uses or residential accessory uses shall be permitted, subject to compliance with all applicable laws, rules, and regulations:
(a)
One-family, two-family and multiple dwellings.
(b)
Residential condominiums or residential cooperatives and bed-and-breakfasts, multifamily housing developments, senior housing developments (both ownership units and rental apartments).
(c)
Nursing homes, proprietary rest homes, life-care facilities and retirement communities.
(d)
Agriculture, animal husbandry, horse farms, horseback riding academies and polo fields.
(e)
Golf courses and clubs.
(f)
Tennis, handball and racquetball courts and clubs.
(g)
Swimming pools.
(h)
Parks, playgrounds, basketball courts and trails.
(i)
Health clubs, spa facilities, or other indoor recreation facilities.
(j)
Convention centers.
(k)
Any use not specifically identified above but otherwise permitted or special exception in the existing underlying zoning district.
(l)
Any other residential or commercial use where it can demonstrated that such use will be beneficial, compatible and harmonious with the residential uses of the MUPDD and the surrounding area and where it is further demonstrated that the goals and objectives set forth in this article and the Comprehensive Plan are maintained and furthered.
(4)
Universal design. To the extent practicable, the development, if it includes residential condominiums or residential cooperatives, multifamily housing developments, senior housing developments, retirement communities, life-care facilities (both ownership units and rental apartments, with the exception of accessory apartments or apartments above stores), shall incorporate universal design standards to reduce problems meeting requirements for accessibility pursuant to the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA). Universal design, as defined in § 330-5, is a flexible, inclusive process aimed at enabling all occupants access regardless of size, age, or abilities, including but not limited to accessibility code compliance. The diverse needs of the development's population should be accommodated in a cost-effective yet dignified and pleasant manner assuring a convenient, safe, and secure environment for all persons residing in such development, whether active or physically challenged, youthful or elderly.
(a)
Residential units, to the extent practicable, with the exception of accessory apartments or apartments above stores, shall incorporate adaptable design or visitable design concepts by conformance to the supplemental design requirements listed in Chapter 123, Article IV, Universal Design, as applicable to high-density residential development designated as "senior housing" or "multifamily housing."
(b)
For retirement communities and other age-restricted residential planned developments, due consideration shall be given in planning walks, ramps, and driveways to prevent slipping or stumbling, and handrails and ample places for rest shall be provided. Gradients of walks shall not exceed 5% and single riser grade changes in walks shall not be permitted, unless it is impractical to do so because of terrain or unusual characteristics of the site. All outdoor areas available to residents shall permit such residents to move about without danger and with minimum effort.
(5)
Architectural review. All signage and construction shall be subject to the review of the Board of Architectural Review pursuant to Article XIX of this chapter, or its successor. Building prototypes and design shall reflect indigenous architecture and shall be built with consideration to the special character of Southampton as a rural and resort community. Particularly for large developments comprised of townhouses or detached single-family units, in choice of exterior finish, care shall be taken to avoid the appearance of a development in which all units appear exactly the same.
(6)
Safeguards. Retirement communities and other age-restricted residential planned developments shall be owner-occupied, and no rental of any portion of the unit or subletting of the unit itself shall be permitted. Appropriate safeguards should be instituted to forestall seasonal rentals of any portion of the units or the units in general, including the imposition of covenants and restrictions binding upon all owners and occupants.
(7)
Standards on location. For an MUPDD which contains residential condominiums or residential cooperatives, nursing homes, proprietary rest homes, life-care facilities, retirement communities, senior housing or multifamily housing developments, mobile home parks, the site should be located within a convenient distance from a central business district, hamlet center or village center, which provides shopping, access to public transportation, and community facilities. Generally, all developments involving higher density prototypes (e.g., townhouses, apartment buildings, attached housing, etc.) are to be within 1/2 mile of a hamlet center or village center.
(a)
Hamlet centers and village centers.
[Amended 1-10-2006 by L.L. No. 4-2006]
[1]
Hamlet centers and village centers, as defined in § 330-5, are identified in the Town Comprehensive Plan and further classified as "major hamlet centers," "small hamlet centers," "major village centers" and "Town business centers." A Map of Hamlet Centers and Village Centers is on file in the office of Town Clerk. Hamlet centers contain zoning districts such as Village Business Districts (VB), Shopping Center Business Districts (SCB), or hamlet-scale mixed-use business districts such as Hamlet Office/Residential (HO) or Hamlet Commercial/Residential (HC) which may incorporate a grocery store, community pantry, and personal services. Senior housing and multifamily housing developments may only be permitted if located a short and safe walking distance no greater than 1/2 mile to a hamlet center or village center or Shopping Center Business (SCB) District or the site is within a short and safe walking distance no greater than 500 feet from a public transit area, as defined in § 330-5 (e.g., municipal bus stop or train station).
[2]
"Short and safe walking distance" shall be construed as meaning convenient and having adequate sidewalks, street lights, and other pedestrian-friendly, traffic-calming amenities presently available or shall be established as a condition of approval for the MUPDD designation.
(b)
Waivers for small senior housing or multifamily housing developments. Waivers to the above siting requirement for an MUPDD designation are applicable to small multifamily or senior housing developments, that is those developments which consist of 20 units or less, provided some other public benefit is conveyed by such waiver. New York State Town Law defines "community benefits" to include "housing for low to moderate income persons."
(c)
Waivers for other senior housing or multifamily housing developments (e.g., large or medium, as defined in, Article III, Senior Citizen Zone § 330-12, and Article IV, Multifamily Planned Residential Development District, § 330-17, or more than 75 units). In certain cases, waivers to the above siting requirements may be applicable to other senior housing or multifamily housing developments in the following circumstances:
[1]
If consistent with a Hamlet Study, Area Study, PDD Study or other planning study adopted as an update to the Town Comprehensive Plan, such as a site identified for redevelopment or incentive zoning (e.g., potential sites identified for multi-unit housing, golf course retirement community, community renewal/redevelopment, elimination of a preexisting nonconforming use, etc.), and the use of such innovative planning floating zone assists the Town in realizing substantial community benefits.
[2]
In cases where the proposed senior housing or multifamily housing development is not located a short and safe walking distance to a hamlet center, village center or a public transit area, the applicant shall provide a shuttle bus service and/or other mitigation measures.
[3]
Implementation of Central Pine Barrens Plan and/or other transfer of development rights programs. For example, waivers could be provided to certain Residential Planned Development Districts (RPDDs) in which additional density is achieved through the transfer of development rights (TDRs) or Pine Barrens Credits (PBCs), whereby there is no substantial increase of dwelling units or population within the Town because development has been redirected in order to channel growth and preserve more ecologically sensitive lands, and the use of such innovative planning areas also assists the Town in realizing substantial public benefits. The Town's Master Plan recommends that the use of planned development district (PDD) zoning for large senior housing or multifamily housing developments, whereby additional density can be achieved through the transfer of development rights (TDRs) or Pine Barrens Credits (PBCs), such that there is no substantial increase in the number of dwelling units or population within the Town because development has been redirected in order to channel growth and preserve more ecologically sensitive lands.
(d)
Additional criteria for waivers from aforementioned location standards for senior citizen housing developments, life-care facilities, retirement communities, and multifamily housing developments; procedure.
[1]
Concurrent with an application seeking planned development district designation, an applicant seeking a waiver from the aforementioned location standards shall make such request in writing to the Town Board with a copy filed in the office of the Town Clerk. The applicant shall indicate the following:
[a]
A project description and the reasons prompting the request for a waiver of aforementioned location standards.
[b]
The total number of housing units proposed and whether or not the applicant is seeking to develop a small senior housing development, as defined herein as those developments which consist of twenty (20) units or less.
[c]
The nature of the public benefits provided by the proposed senior citizen housing development, including the number of units proposed as set-aside units for low-, moderate-, or middle-income persons.
[d]
Whether or not the applicant is or is working with a bonafide nonprofit corporation and guarantees to develop and maintain a substantial portion of the resultant housing at a purchase price or tenant cost within the low- or lower-middle-income housing market.
[e]
Whether the site is identified as a potential site or redevelopment site suitable for multi-unit housing development or incentive zoning in the Town's Master Plan or a Hamlet Study or Area Study or other planning study adopted as an update to the Comprehensive Plan (e.g., potential site identified for multi-unit housing, a retirement community with a public golf course amenity, community renewal/redevelopment, elimination of a preexisting, nonconforming use, etc.).
[f]
Whether or not the proposed project entails transfers of development rights or redemption of Pine Barrens Credits (PBCs) to achieve additional density or yield.
[2]
The Town Board shall hold a public hearing to consider such request for a waiver from the aforementioned location standards and may request advisory reports from the Town Planning and Development Administrator and Planning Staff. The public hearing may be held concurrently with the hearing to consider comments on the petition for a change-of-zone, provided that the notice of hearing specifically references the applicant's request for a waiver of the aforementioned location standards.
[3]
The Town Board shall authorize a waiver of the aforementioned location standards as a provision expressly noted in the local law permitting a zone change to PDD following a public hearing, provided that a favorable determination is made by the Town Board in its findings based on the criteria noted below in the Subsection B(7)(e)[2].
(e)
Findings by the Town Board.
[1]
In determining whether to grant a zone change to a planned development district involving senior housing or multifamily housing, the Town Board, in addition to its usual discretion in considering a change of zone, shall also consider the need for additional senior housing and multifamily housing in the particular hamlet, the nature and extent to which the applicant intends to provide moderate-income housing units, the appropriateness of the site, environmental considerations, the proposed development design to accommodate an increased density, and any potentially significant negative impacts to any special assessment district in which the proposed development is located. In addition, the Town Board shall find that the housing development is consistent with the recommendations of the Comprehensive Plan, will be beneficial, compatible and harmonious with the surrounding land uses and will not have a significant adverse impact upon the environment, or a special assessment district in which the site is located.
[2]
In deciding whether or not to authorize a waiver of the aforementioned location standards, in addition to the foregoing, the Town Board shall consider the following:
[a]
The nature or the public benefits conveyed by the waiver, including the provision of housing within the means of low- to moderate-income persons.
[b]
Whether or not the proposed housing development involves the transfer of development rights or redemption of Pine Barrens Credits (PBCs) or a cash-in-lieu amount equivalent to ensure off-site preservation or acquisition of interests in land in order to achieve the development yield or higher density, excluding any requisite below-market-rate units reserved for persons of low, moderate, or middle income with long-term affordability restrictions proposed by covenants and restrictions.
[c]
The findings by the Town Board and all conditions associated with a waiver of the location standards shall be specified in the local law noted in Subsection B(7)(d)[2] above. The Town Board may require supplemental design standards, TDRs or additional affordable set-aside units or other community benefits, and other mitigation measures.
[3]
As a change of zone or amendment to the Zoning Map is a discretionary act by the legislative body, the Town Board may find that any development or redevelopment of the property is best accommodated under its existing zoning or an alternative zoning overlay district or zoning classification.
(8)
Fire protection. For high-density residential development designated as "senior housing" or "multifamily housing," the MUPDD site plans shall provide access for firefighting equipment and personnel and shall provide hydrants in such number and location and with such water pressure as may be determined adequate by the Planning Board, based upon the recommendation of the Town Engineer and the public safety agencies providing the primary fire protection and emergency medical services to the location. In the interest of public safety, key boxes for emergency access are required in certain circumstances involving electronic security driveway gates within MUPDD site plans (e.g., gated community) and shall be in conformance with the recommendations of the public safety agencies providing the primary fire protection and emergency medical services to the location. Compliance with the provisions of Chapter 330, Article XXX, Driveway Standards, is also required.
[Added 7-28-2009 by L.L. No. 32-2009]
C.
Commercial - Industrial Planned Development District (CIPDD). Commercial - Industrial Planned Development Districts (CIPDD) are intended to consist predominantly of commercial and industrial uses. Clustering of development, elimination of sprawl, the efficient and cost-effective use of public utilities, services and transportation systems, the preservation of open space and natural resources and the protection of the Town's water supply are all intended to be achieved.
(1)
Requirements.
(a)
The CIPDD shall be beneficial, compatible and harmonious with the surrounding land uses, and the goals and objectives set forth in this article and the Comprehensive Plan must be maintained and furthered.
(b)
No CIPDD shall be located within the Tidal Wetland and Ocean Beach Overlay District.
(c)
A CIPDD shall have suitable access and frontage on a secondary highway or major collector road as recommended by the Comprehensive Plan.
(2)
Yield.
(a)
The initial yield for the receiving site shall be determined by a yield map prepared in accordance with the existing zoning set.
(b)
The resultant yield for a CIPDD shall be the sum of the receiving parcel yield plus the density obtained from the transfer of development rights or PBC's from any sending parcels as set forth in this chapter. Each development right or Pine Barrens Credit shall be equivalent to a sewage flow rate of 300 gallons per acre per day as described in the Suffolk County Department of Health Services standards and/or up to a two-percent increase in building coverage, floor area, height or building mass. However, there shall not be an overall increase in building coverage, floor area, height or building mass greater than 10% over the requirements of the underlying zone (i.e., where 30% is the maximum coverage in the underlying zone, a maximum of 40% may be permitted).
(c)
Notwithstanding the provisions of the aforementioned subsections, the yield or the building coverage, floor area, height or building mass may be increased at the discretion of the Town Board, to achieve any of the goals set forth in this chapter, or to provide for community benefits or a public facility that satisfies an identified public need as recommended by the Comprehensive Plan or as established by the Town Board, excluding common and/or requisite public improvements. New York State law permits the Town to utilize"incentive zoning" for the purpose of obtaining community benefits. New York State Town Law § 261-b of the State of New York defines "community benefits or amenities" as "open space, housing for persons of low or moderate income, parks, elder care, day care, or other specific physical, social or cultural amenities, or cash in lieu thereof, of benefit to the residents of the community authorized by the Town Board."
(d)
In no case shall the yield exceed a sewage flow rate equivalent to 600 gallons per acre per day, unless the site is served by public water and the Suffolk County Department of Health Services has approved the method of sewage treatment.
(3)
Permitted uses. Within the CIPDD, the following uses shall be permitted, subject to compliance with all applicable laws, rules and regulations:
(a)
Any commercial or industrial use listed as a permitted use or special exception in the Highway Business, LI-40 or LI-200 Zoning Districts.
(b)
Recyclable transfer facility.
(c)
Any use not specifically identified above but otherwise permitted or special exception in the existing underlying zoning district.
(d)
Any other commercial or industrial use where it can be demonstrated that such use will be beneficial, compatible and harmonious with the uses of the CIPD and the surrounding area and where it is further demonstrated that the goals and objectives set forth in this article and the Comprehensive Plan are maintained and furthered.
D.
Recreation/Tourism Planned Development District (RTPDD). The Recreation/Tourism Planned Development District (RTPDD) is intended to encourage the development of a centralized area of recreation, cultural, entertainment and tourism facilities to serve the Town's tourism industry.
(1)
Requirements.
(a)
The RTPDD shall be beneficial, compatible and harmonious with the surrounding land uses, and the goals and objectives set forth in this article and the Comprehensive Plan must be maintained and furthered.
(b)
No RTPDD shall be located within the Tidal Wetland and Ocean Beach Overlay District.
(c)
An RTPDD shall have suitable access and frontage on a secondary highway or major collector road as recommended by the Comprehensive Plan.
(2)
Yield.
(a)
The initial yield for the receiving site shall be determined by a yield map prepared in accordance with the existing zoning set.
(b)
The resultant yield for an RTPDD shall be the sum of the receiving parcel yield plus the density obtained from the transfer of development rights or PBC's from any sending parcels as set forth in this chapter. Each development right or Pine Barrens Credit shall be equivalent to a sewage flow rate of 300 gallons per acre per day as described in the Suffolk County Department of Health Services standards and/or up to a two-percent increase in building coverage, floor area, height or building mass. However, there shall not be an overall increase in building coverage, floor area, height or building mass greater than 10% over the requirements of the underlying zone (i.e., where 30% is the maximum coverage in the underlying zone, a maximum of 40% may be permitted).
(c)
Notwithstanding the provisions of the aforementioned subsections, the yield or the building coverage, floor area, height or building mass may be increased at the discretion of the Town Board, to achieve any of the goals set forth in this chapter, or to provide for community benefits or a public facility that satisfies an identified public need as recommended by the Comprehensive Plan or as established by the Town Board, excluding common and/or requisite public improvements. New York State law permits the Town to utilize incentive zoning for the purpose of obtaining community benefits. New York State Town Law § 261-b of the State of New York defines "Community benefits or amenities" as "open space, housing for persons of low or moderate income, parks, elder care, day care, or other specific physical, social or cultural amenities, or cash in lieu thereof, of benefit to the residents of the community authorized by the Town Board."
(d)
In no case shall the yield a sewage flow rate equivalent to 600 gallons per acre per day, unless the site is served by public water and the Suffolk County Department of Health Services has approved the method of sewage treatment.
(3)
Permitted uses. Within the RTPDD, the following uses shall be permitted subject to compliance with all applicable laws, rules and regulations:
(a)
Community or regional sports or recreation facilities, including a stadium, arena, field house, playing field, skating rink, tennis center, swimming pool, golf course, equestrian racetrack or other recreation facility.
(b)
Health clubs, spa facilities or similar type of indoor recreation facilities.
(c)
Parks, playgrounds and trails.
(d)
Theaters, cinemas, concert halls, museums, amphitheaters, performing arts centers or similar type of entertainment or cultural facilities.
(e)
Hotels, motels, bed-and-breakfasts, inns and restaurants.
(f)
Conference and/or trade exposition centers.
(g)
Any use not specifically identified above but otherwise permitted or special exception in the existing underlying zoning district.
(h)
Any other commercial use where it can be demonstrated that such use will be beneficial, compatible and harmonious with the uses of the RTPDD and the surrounding area and where it is further demonstrated that the goals and objectives set forth in this article and the Comprehensive Plan are maintained and furthered.
E.
Maritime Planned Development District (MPDD). The Maritime Planned Development District (MPDD) is designed to provide flexible residential and/or commercial development with predominantly water-dependent or water-enhanced uses, while maximizing the preservation of natural vegetation and resources. Clustering, open-space preservation, water access and the most efficient utilization of the waterfront, transportation systems, utilities and public services are intended to be achieved by the MPDD. The intent is to support creative, desirable and coordinated development by providing incentives and flexibility which encourage the use of innovative planning and design techniques.
(1)
Requirements.
(a)
The MPDD shall be beneficial, compatible and harmonious with the surrounding land uses, and the goals and objectives set forth in this article and the Comprehensive Plan and a local waterfront revitalization program must be maintained and furthered.
(b)
An MPDD shall be located within 1,000 feet of the tidal shoreline.
(2)
Yield.
(a)
The initial yield for the receiving site shall be determined by a yield map prepared in accordance with the existing zoning set.
(b)
The resultant yield for an MPDD shall be the sum of the receiving parcel yield plus the density obtained from the transfer of development rights or PBC's from any sending parcels as set forth in this chapter. Each development right or Pine Barrens Credit shall be equivalent to a sewage flow rate of 300 gallons per acre per day as described in the Suffolk County Department of Health Services standards and/or up to a two-percent increase in building coverage, floor area, height or building mass. However, there shall not be an overall increase in building coverage, floor area, height or building mass greater than 10% over the requirements of the underlying zone (i.e., where 30% is the maximum coverage in the underlying zone, a maximum of 40% may be permitted).
(c)
Notwithstanding the provisions of the aforementioned subsections, the yield or the building coverage, floor area, height or building mass may be increased at the discretion of the Town Board, to achieve any of the goals set forth in this chapter, or to provide for a community benefits or a public facility that satisfies an identified public need as recommended by the Comprehensive Plan or as established by the Town Board, excluding common and/or requisite public improvements. New York State law permits the Town to utilize incentive zoning for the purpose of obtaining community benefits. New York State Town Law § 261-b of the State of New York defines "community benefits or amenities" as "open space, housing for persons of low or moderate income, parks, elder care, day care, or other specific physical, social or cultural amenities, or cash in lieu thereof, of benefit to the residents of the community authorized by the Town Board."
(d)
In no case shall the yield exceed two residential units per acre or a sewage flow rate equivalent to 600 gallons per acre per day, unless the site is served by public water and the Suffolk County Department of Health Services has approved the method of sewage treatment.
(3)
Permitted uses. Within the MPDD, the following uses shall be permitted subject to compliance with all applicable laws, rules and regulations:
(a)
Multiple dwellings.
(b)
Residential condominiums or residential cooperatives, motels, hotels, inns, bed-and-breakfasts.
(c)
Swimming pools.
(d)
Beach clubs, marinas and yacht clubs.
(e)
Parks, playgrounds, trails.
(f)
Health clubs, spa facilities or other indoor recreation facilities.
(g)
Waterfront business complexes.
(h)
Maritime museums, outdoor theaters, marine centers/parks, aquariums or similar types of entertainment or cultural facilities.
(i)
Any use not specifically identified above but otherwise permitted or special exception in the existing underlying zoning district.
(j)
Any other water-dependent or water-enhanced use where it can be demonstrated that such use will be beneficial, compatible and harmonious with the uses of the MPDD and the surrounding area and where it is further demonstrated that the goals and objectives set forth in this article and the Comprehensive Plan are maintained and furthered.
§ 330-247 Establishment by Town Board.
[Amended 12-12-2003 by L.L. No. 75-2003; 7-26-2011 by L.L. No. 27-2011]
Nothing contained herein shall be construed to limit the authority of the Town Board to establish a PDD on its own motion. In such instances, the procedures for zoning approval for a PDD shall be pursuant to § 330-244. However, the Town Board shall obtain two appraisals of the land subject to the planned development district. The first appraisal shall reflect the current zoning and preexisting nonconforming use of the site, taking into account any legal use of the property, including, but not limited to, nonconforming uses to which the owner is entitled. The second appraisal shall reflect the value of the subject property with the proposed zoning overlay, allowable density, and allowable uses under the planned development district. If the Town Board established a PDD on its own motion, final site plan or subdivision approval for individual projects shall be obtained from the Planning Board as required by the other provisions of the Town Code.
§ 330-248 Specific planned development districts.
[Added 12-11-1998 by L.L. No. 47-1998; amended 4-13-1999 by L.L. No. 4-1999; 6-22-1999 by L.L. No. 13-1999; 8-10-1999 by L.L. No. 22-1999; 7-25-2000 by L.L. No. 8-2000; 8-8-2000 by L.L. No. 10-2000; 10-23-2001 by L.L. No. 43-2001; 5-14-2002 by L.L. No. 11-2002; 4-22-2003 by L.L. No. 37-2003; 7-22-2003 by L.L. No. 54-2003; 2-10-2004 by L.L. No. 5-2004[1]; 2-24-2004 by L.L. No. 6-2004[2]; 4-26-2005 by L.L. No. 17-2005; 7-12-2005 by L.L. No. 36-2005; 10-25-2005 by L.L. No. 56-2005; 1-10-2006 by L.L. No. 5-2006; 5-23-2006 by L.L. No. 26-2006; 6-26-2007 by L.L. No. 33-2007; 6-26-2007 by L.L. No. 34-2007; 10-23-2007 by L.L. No. 52-2007; 11-27-2007 by L.L. No. 56-2007; 1-22-2008 by L.L. No. 7-2008; 3-11-2008 by L.L. No. 13-2008; 4-8-2008 by L.L. No. 18-2008; 8-12-2008 by L.L. No. 50-2008; 8-12-2008 by L.L. No. 47-2008; 2-10-2009 by L.L. No. 4-2009; 4-28-2009 by L.L. No. 14-2009; 6-8-2010 by L.L. No. 18-2010; 7-27-2010 by L.L. No. 22-2010; 7-26-2011 by L.L. No. 26-2011; 6-12-2014 by L.L. No. 19-2014; 1-13-2015 by L.L. No. 1-2015; 6-13-2017 by L.L. No. 12-2017; 12-21-2017 by L.L. No. 39-2017; 8-11-2020 by L.L. No. 5-2020; 3-8-2022 by L.L. No. 7-2022; 8-9-2022 by L.L. No. 20-2022; 4-8-2025 by L.L. No. 14-2025]
The following specific planned development districts have been adopted by resolutions of the Town Board pursuant to the findings, purpose and long-term goals established by § 330-240, and in accordance with § 330-243, Planning and zoning approval, and § 330-244, Applications; review procedure, of this chapter. The specific planned development districts have been enacted in accordance with the Central Pine Barrens Comprehensive Land Use Plan and the Town of Southampton's Comprehensive Plan.
A.
Gabreski Airport Commercial/Industrial Planned Development District (APDD).
(1)
Purpose and objectives. The Airport Commercial/Industrial Planned Development District (APDD) has been structured to accomplish the findings, purpose and long-term goals established by the Town Board as part of Article XXVI, Planned Development District, of the Town Code. The proposed APDD also supports implementation of Suffolk County's Airport development program, the Town's Comprehensive Plan, the Central Pine Barrens Comprehensive Land Use Plan, and the Gabreski Airport PDD Master Plan. The APDD objectives are based upon the following: the 1990 Suffolk County Airport Study; the Comprehensive Plan of the Town of Southampton; and the planned development district goals defined by § 330-240E of the Town Code as follows:
(a)
Ensure that future nonaviation development and improvements will be in conformance with the standards established by § 330-220, Development within compatible growth area, of the Central Pine Barrens.
(b)
Create a unique nonaviation employment and business center that will complement and not compete with existing village and hamlet centers in terms of retail sales, services and visitor attractions.
(c)
Attract future nonaviation development that will create a mixed-use activity center consisting of complementary light industrial, warehouse, office, service, support, retail, transportation, lodging and related uses.
(d)
Target future nonaviation development recommended by the 1990 Suffolk County Airport Study.
(e)
Support retail and service development that will consist of multiple tenants and uses that will be phased to coincide with on-site demands.
(f)
Encourage and enable access to the Long Island Rail Road and ground-based transportation for workers in the industrial park.
(g)
Establish a distinct business address and a functional and well-designed street, pedestrian, parking and public transit network and a complementary landscaping, lighting and uniform signage program.
(2)
District boundary: Beginning at a point located at the intersection of Stewart Avenue and of Old Riverhead Road (UTM 698, 482.43, 4, 523, 825.82); thence 392.74 feet in a general northeast direction along the east side of Old Riverhead Road to a point where the road curves to a northerly direction (UTM 698, 479.94, 4, 523,900.36); thence 1,039.21 feet in a northerly direction along the east side of Old Riverhead Road (UTM 698, 461.21, 4, 524,258.81); thence 383.94 feet east to the intersection of the airport's north service road (UTM 698, 575.58, 4, 524, 257.46); thence 945.26 feet in a southeasterly direction along the south side of the north service road to the intersection of Rust Avenue (UTM 698, 796.17, 4, 524, 079.92); thence 138.5 feet in a southwesterly direction along the west side of Rust Avenue (UTM 698,784.06, 4, 524, 044.95); thence 1,642.75 feet in a southerly direction along Rust Avenue to a point where it intersects Cook Avenue (UTM 698, 820.38, 4, 523, 540.56); thence 1,241.41 feet in a westerly direction along the north side of Cook Avenue to the point of intersection with Old Riverhead Road (UTM 698, 459.91, 4, 523, 494.83); thence 1,094.53 feet in a northeasterly direction along the east side of Old Riverhead Road to the point of origin. Total area equals 58.6+ acres.
(3)
Permitted, accessory, and special exception uses within the APDD.
(a)
The following primary uses shall be permitted subject to compliance with all applicable laws, rules and regulations:
[1]
Accommodation industries (hotel/conference facility) that comply with the thirty-five-foot height maximum with no outdoor public-address or music system, and all indoor and outdoor activity in conformance with Chapter 235, Noise.
[2]
Arts and craft manufacturing and warehouse.
[3]
Corporate, small business, nonprofit offices.
[4]
Engineering, architectural, scientific and/or research offices and organizations.
[5]
General and special trade contractors.
[6]
Health club or personal fitness facility.
[7]
Information services and software/data processing services.
[8]
Manufacturing industries.
[9]
Medical arts facilities and dental laboratories.
[10]
Motion picture production facility, digital media and sound recording industries that comply with the thirty-five-foot height maximum with no outdoor public-address or music system, and all indoor and outdoor activity in conformance with Chapter 235, Noise.
[11]
Nonaviation light industrial uses, not to include self-storage facilities.
[12]
Photofinishing/digital printing laboratory.
[13]
Printing, publishing and related support activities.
[14]
Professional, scientific, and technical services.
[15]
Renewable energy, manufacturing, research and development.
[16]
Restaurant, standard.
[17]
Restaurant, take-out or counter service without "drive through" window.
[18]
Technology uses, to include research and development facilities/laboratories.
[19]
Nonaviation vocational schools, job training and educational services.
[20]
Wholesale and distribution industries, not to include wholesale "membership clubs."
(b)
The following accessory uses shall be permitted subject to compliance with all applicable laws, rules and regulations:
[1]
Artist gallery space, with no outdoor display (unless in connection with special event permit).
[2]
Outdoor overnight parking of registered vehicles accessory to a permitted principal use, subject to compliance with site plan standards.
[3]
Outdoor plaza, seating, tables, paths, and other recreational areas incidental to the planned industrial park.
[5]
Public utility structure or right-of-way (not to include wireless telecommunications facilities), sewage treatment plant, water supply facility, fire substation, and renewable energy infrastructure.
[6]
Retail, subject to compliance with Subsection A(9)(a)[1] through [6].
[7]
Restaurant, as accessory to a hotel/conference facility, not subject to restriction of Subsection A(9)(a)[6].
[8]
Transit and ground passenger transportation services (e.g., bus passenger shelter), not to include storage or repair.
(c)
The following uses require special exception (SE) approval by demonstrating compliance with the general and specific criteria pursuant to Article XVII and as listed herein:
[1]
Indoor and outdoor recreational facilities other than health and fitness clubs, except that no gambling establishments or facilities of any kind shall be permitted, including, but not limited to, casinos, game parlors, or facilities operating coin-operated or non-coin-operated machines.
[2]
Motion-picture production facility, digital media and sound recording industries above 35 feet in height, up to 3 stories (55 feet maximum).
[3]
Nursery school or child day-care.
[4]
Wireless telecommunication antennas and infrastructure.
[5]
Accommodation industries (hotel/conference facility) above 35 feet in height, up to 3 stories (45 feet maximum).
(4)
Dimensional regulations. Dimensional setback standards shall be applied to the lot or leased areas within the APDD as provided in Subsection A(4)(f) herein. Height and floor area requirements shall not be varied except by utilizing the mechanisms described in Subsection A(5)(a) and (b) herein or unless specifically permitted because of the nature of use. Any other variances that are not expressly authorized shall require a majority plus one vote by the Town Board.
(a)
Total APDD area: 58.6 acres.
(b)
Total APDD gross square footage (buildings), maximum: 510,500 square feet.
(e)
Maximum number of uses. The maximum number of uses permitted in a building or buildings upon a leased lot in the APDD shall be one use for every 10,000 square feet of land area.
(f)
Leased area dimensional setbacks. To the maximum extent practicable, the dimensional setback requirements of the most applicable commercial zoning district shall be used to determine the specific requirements for a leased area development application. In all cases, the minimum required front yard setback shall be 50 feet, provided that within said required front yard there shall not be any off-street parking areas, truck loading spaces or paved vehicular maneuvering lanes [except for entrance(s) and exit(s) to the site and pedestrian walkways]. All other setbacks shall be determined by the Planning Board based upon the size of the leased area, the proposed use, the adjacent uses (existing or planned) and the appearance of the development proposal within the overall context of the APDD. Setbacks shall be designated from internal roads, cross-access roads and lease lot lines. The Planning Board shall find that the arrangement of commercial structures upon the leased site and well as driveways, off-street parking, cross access, landscaping and other site plan elements are consistent with the design considerations outlined within the Gabreski Master Plan document and as further refined herein.
(g)
Floor area ratio, maximum. For the purpose of this section, "floor area ratio (FAR)" shall mean the gross floor area (GFA) of a building divided by the Suffolk County lease area within which it is situated.
[1]
FAR, maximum:
[a]
FAR maximum for the Hampton Business and Technology Park: 0.2. The FAR maximum shall not apply to lease or sublease areas within the Hampton Business and Technology Park so long as the FAR for the overall 47.9-acre Hampton Business and Technology Park does not exceed 0.2.
[b]
For the AHRC lease area, the Suffolk County Pump Station and any outlying areas: 0.2 FAR.
(h)
A street buffer yard with a minimum depth of 80 feet shall be established and maintained along a property line fronting County Road 31, except for the site access roadway. Said buffer yard shall be designed to include the installation and planting of an earthen berm as prescribed by §§ 330-110 and 330-111 of the Town Code; the landscape plan shall incorporate native vegetation and irrigation as necessary. The Town Planning Board may increase or decrease the depth of a required street buffer yard based upon findings that such an increase or decrease is warranted as a result of an analysis of existing on-site or off-site uses or dimensional conditions pertaining to the subject property or adjoining properties or to further screen or separate light industrial/commercial uses from roadside views. The landscape plan for the required street buffer yard shall be prepared for review and approval by the Town Planning Board.
(i)
The Planning Board shall allocate a percentage of fertilizer-dependent vegetation to each lease area site plan application so that no more than 15% (8.8 acres) of the APDD shall be comprised of fertilizer-dependent vegetation.
(j)
Existing vegetation on site shall be preserved and augmented as practicable.
(k)
Grading plan. The Planning Board, in consultation with the Town Engineer, shall review and approve a final grading and drainage plan prepared in connection with the site plan in accordance with the following:
[1]
With the exception of the perimeter vegetated berm proposed along the APDD CR 31 frontage, all final grades established shall be blended with the contours of Collins Way in a natural fashion. The first/finished floor elevations of all proposed buildings shall not exceed the average grade along the APDD’s CR 31 frontage.
(5)
Variation of standards.
(a)
The Southampton Town Planning Board shall have discretion to allow for increased floor area or height by utilizing the following mechanisms and provided that all other standards related to permitted and special exception uses are met. In no case shall the total gross floor area of all buildings within the APDD exceed 510,500 square feet.
[1]
Pine Barrens credit certificates.
[a]
Each Pine Barrens credit (PBC) shall be allocated pursuant to the regulations contained in § 330-221 of the Town Code (Transfer of development rights; Pine Barrens credit program).
[b]
Each Pine Barrens credit (PBC) transferred shall be equivalent to 100,000 cubic feet of volume when utilized for the purpose of increasing the maximum height above 35 feet, but said use of a PBC shall not cause any building to exceed 50 feet in height, except where authorized by special exception herein. The use of Pine Barrens credits to increase the height of any building may only be considered by the Planning Board if consistent with the evaluation of FAA flight paths as indicated in the Master Plan.
[2]
LEED certification. The maximum gross floor area of a building may be increased up to 25% resulting in an increase in FAR within a leased area if such building is built and certified to Leadership in Energy and Environmental Design (LEED) Green Building Rating SystemTM standards.
(b)
In connection with the use of LEED certification or Pine Barrens credits, the Planning Board is further authorized to allow minor dimensional changes in order to achieve site plan design objectives but in doing so shall make findings that: the modification is not significant (i.e., modification does not exceed 10% above the "as-of-right," including any additional square footage acquired through the transfer of PBC or LEED certification), the proposed use is compatible with surrounding uses and will not cause adverse environmental impacts, the use has adequate land area for parking and drainage facilities, and the overall design of the leased area will be in keeping with the conceptual Master Plan design for the APDD. The Planning Board shall not utilize this provision in lieu of requiring LEED certification or Pine Barrens credit redemption.
(6)
Signage. All signs shall conform to the schedule of permitted signs pursuant to Article XXII of the Town Code of the Town of Southampton as it pertains to industrial zones and as specifically permitted herein. All signage may be externally illuminated provided that all fixtures are compliant with the requirements of Chapter 330, Article XXIX (Outdoor Lighting), of the Town Code. The Town Planning Board, with an advisory report from the Architectural Review Board, may vary the number, size and design of permitted signs. The Town Planning Board, in conjunction with the Architectural Review Board or its successor, may also establish specific guidelines and standards for coordinated APDD signage as recommended in Section 5.2.3 (Signage) of the Gabreski Airport PDD Master Plan. The ARB or its successor shall review all sign permit requests as they are submitted or as part of a master sign plan. Additional signage parameters for the APDD shall include the following:
(a)
Locations of all approved ground signs must be shown on the site plan submitted for Planning Board signature.
(b)
Height. The height of a freestanding sign in the APDD shall mean the distance from the approved finished grade to the topmost portion of the higher of the pole or sign, excluding any embellishments permitted in § 330-205B(1).
(c)
Exterior signs. Wall signs are prohibited in the APDD, except for one wall sign per building that indicates the building number. Individual business identification signs may be permitted above the main entrance to a business in the APDD, including entrances that do not face public streets, in accordance with the following:
[1]
Business identification signs shall not exceed a total of 25 square feet in area and shall be of individual channel letters with a maximum letter height of 12 inches; the twelve-inch letter height also specifically applies to any logo or other non-letter tenant identification proposed. Other than what is specifically permitted for the hotel use, no business identification sign shall be visible from CR31.
[2]
The business identification wall signs shall be wholly contained within the architectural entry for the specific tenant and shall be mounted below the top of any glazing associated with the tenant's architectural entry; the mounting heights shall be consistent between tenants in each building and set by the Planning Board based on the approved architecture.
[3]
Doorway identification signs (i.e., directory placards next to the entrance), if any, shall be limited to two square feet.
(d)
Freestanding signs.
[1]
Entrance signage.
[a]
One monument sign shall be permitted at each side of the front entrance (total of two) for both the technology park identification and the County Airport and shall comply with the following standards:
[i]
The signs shall be set back 20 feet from the property line;
[ii]
The signs (landscape feature) shall each be limited to a total area of 96 square feet, to include all embellishments; the actual signage may occupy 78% of this total area.
[iii]
The height of the monument or planter signs shall not exceed six feet.
[b]
Entrance signs shall not be internally illuminated.
[2]
Other freestanding or monument signs. One additional monument or planter sign may be permitted at the roundabout as follows:
[3]
Menu directory signs may be permitted by the Planning Board at the entrance to each parking node for the individual buildings as follows:
[a]
Each building is limited to one double-sided menu directory sign.
[b]
The directory signs shall be made of wood or wood-product substitute that has the appearance of wood.
[c]
Directory signs shall be limited to 40 square feet in size, and in no case shall the height exceed eight feet with two feet minimum clearance below the sign;
(e)
Hotel signage. All signage related to the hotel use shall comply with the special exception standards.
(f)
Promotional signage. With the exception of one-time signage that shall be allowed during the initial "grand opening" period, if any (The time frames, locations, and specific nature of such "grand opening" signage shall be reviewed and approved by the Planning Board as part of the site plan submission.), temporary signs, boards or banners for advertisements, promotions, events, etc., of any kind that are freestanding or affixed/attached to the outside of any buildings or fronting on CR31 are prohibited.
(7)
Lighting. A lighting plan shall be submitted to the Town Planning Board as part of any site plan application. The Town Planning Board may limit the type, height, location, intensity and hours of operation of all exterior lighting devices proposed. In reviewing a lighting plan, the Town Planning Board shall consider the potential impacts of outdoor lighting on both adjoining properties and the overall rural character of the surrounding Central Pine Barrens environment. In addition to the above, the Planning Board shall find that lighting plans are consistent with all requirements within Chapter 330, Article XXIX (Outdoor Lighting), of the Town Code. Lighting fixtures for parking areas and internal drives shall be highly energy-efficient, and programmed to minimize the use of energy in off-hours in areas which are unoccupied, to further reduce energy consumption. The Planning Board may require more than one type of lighting to achieve objectives on a site and may require lighting plans to be coordinated between leased areas.
(8)
General development standards.
(a)
To ensure consistency with the Central Pine Barrens Comprehensive Land Use Plan, all development in the compatible growth area shall comply with § 330-220 of the Town Code of the Town of Southampton.
(c)
A site plan for each lease area proposal must be submitted to the Town of Southampton Planning Board for review and approval pursuant to §§ 330-181 through 330-184.1 of the Code of the Town of Southampton. In deeming an application complete, the Planning Board shall determine if a public hearing is necessary by utilizing the provisions of § 330-184D.
(d)
The Town of Southampton Planning Board, in reviewing and approving a final site plan, shall ensure that said plan conforms to the requirements of the APDD as well as adequately addresses Fire District recommendations.
(e)
All development within the APDD shall be connected to the Sewerage Treatment Plant (STP) for handling of wastewater, except as otherwise authorized by the Suffolk County Department of Health Services.
(f)
Suffolk County shall prepare or cause to prepare an infrastructure plan incorporating mitigation measures as may be required by the SEQRA findings as well as depicting internal roads, sidewalks, street trees, site furniture, including bus shelter(s), drainage improvements, water main and underground utility (electric, telephone and cable) extensions, hydrants, streetlighting, landscaping and landscaping berms, irrigation, signage and any traffic improvements on or in the vicinity of CR 31. The infrastructure plan may be phased and shall be subject to review and approval of the Town Engineer and Planning Board. Infrastructure required to access and operate within a leased area shall be in place prior to the issuance of any certificate of occupancy for the leased area building.
(g)
Where the dimensional standards in the "special conditions and safeguards" of Article XVII (Special Exception Uses) require setbacks from property lines or a minimum lot area, said standards shall be applied to specific lease areas.
(h)
Outdoor storage in connection with a primary use shall only occupy up to 5% of a leased area in the APDD. Storage areas shall only be permitted in the rear yard, and shall be contained and screened from view subject to review and approval by the Planning Board.
(9)
Specific development standards.
(a)
Retail and service uses. Applications for individual retail and service uses proposed for the APDD shall demonstrate that:
[1]
Existing demand is clearly established within the APDD to sustain such uses.
[2]
Proposed uses are essential to the day-to-day operations of individual establishments or the overall functions of the APDD.
[3]
Proposed uses will not impact the economic viability of surrounding hamlet and village business districts.
[4]
Applications for retail uses shall only be permitted as accessory and incidental to a primary use permitted within the APDD.
[5]
The square footage of any accessory retail or service component shall not exceed 5% of the total gross floor area of building(s) within a lease area. Floor plans depicting the proposed retail area(s) and corresponding square footage shall be submitted for Planning Board review and approval as part of the site plan process. For the purpose of this section, restaurants and other food service related uses shall be limited to the requirement of Subsection A(9)(a)[6] below.
[6]
The entire APDD shall be limited to 5,000 square feet of gross floor area for food service (e.g., restaurant, delicatessen) uses, exclusive of any restaurant use created as accessory to a hotel/conference facility.
(b)
Indoor recreation uses. Applications for individual indoor recreation uses proposed for the APDD shall demonstrate that such uses shall be harmonious with existing and permitted uses of the APDD, Suffolk County Airport operations and environment and the Central Pine Barrens Overlay District. The minimum lot or lease area shall be two acres for indoor recreation other than health club/fitness centers, except that no gambling establishments or facilities of any kind shall be permitted, including, but not limited to, casinos, game parlors, or facilities operating coin-operated or non-coin-operated machines.
(c)
Light industrial uses. Applications for individual nonaviation light industrial uses proposed for the APDD shall demonstrate that such use shall be beneficial, compatible and harmonious with existing and permitted uses of the APDD, Suffolk County Airport operations and environment and Central Pine Barrens Overlay District.
(d)
Nursery school or child day-care. Applications for individual nursery school or day-care facilities in the APDD shall be consistent with the general standards provided in § 330-122 and shall meet the following special conditions and safeguards:
[1]
The leased lot area shall be not less than 20,000 square feet.
[2]
Outdoor play areas:
[a]
An outdoor play area shall be provided at a rate of 35 square feet per individual enrolled.
[b]
Off-street parking compounds shall not be used as outdoor play areas.
[c]
Outdoor play areas shall not be located within the front yard and must be set back at least 25 feet from all lease area demarcation or property lines.
[d]
All outdoor play areas must provide a means of shade, such as a shade tree(s) and/or pavilion(s).
[e]
Outdoor play areas shall be completely enclosed by a six-foot-high fence with appropriate landscaping and be screened from adjoining uses.
[3]
Outdoor public address systems shall be prohibited.
[4]
The Planning Board may require a noise assessment to determine if this type of use would be subjected to adverse noise impacts related to other activities at the Airport.
(e)
Motion-picture production facility, digital media and sound-recording industries above 35 feet in height. Applications for a motion-picture, digital media and sound-recording studio shall be consistent with the general standards provided in § 330-122 and shall meet the following special conditions and safeguards:
[1]
The leased lot area shall be not less than two acres.
[2]
Because of the nature of the use, a movie, film or other digital media studio may exceed the thirty-five-foot height requirement up to a maximum of 50 feet, provided there is no interference with FAA flight paths. Any height increase above the fifty-foot maximum will require redemption of Pine Barrens credits or LEED certification pursuant to Subsection A(5)(a) herein, up to a maximum of 56 feet.
(f)
Hotel accommodations above 35 feet in height shall be consistent with the general standards provided in § 330-122 and shall meet the following special conditions and safeguards:
[1]
Building design.
[a]
The hotel building height shall not exceed 45 feet from approved finished grade.
[i]
The building mass shall be de-emphasized in a variety of ways through architectural details such as divisions or breaks in materials, windows, variation in roof lines, awnings, or the use of sections that may project or be recessed.
[ii]
There shall be a clear delineation of the base, middle and top of the building through the use of belt courses, cornice lines or similar architectural detailing as design elements.
[b]
The hotel building shall be designed so as to achieve the traditional look and character of Southampton as identified in the Gabreski Airport Master Plan and as follows:
[i]
Formula or franchise designs are restricted to the extent that any proposed elevations which do not achieve a traditional look and character with quality materials and architecturally appropriate articulation and detailing shall not be approved. For the purpose of this section, "Franchise architecture" is defined as a building design that is trademarked or identified with a particular franchise, chain or corporation and is generic or standard in nature.
[ii]
Use of traditional building materials such as wood clapboard, wood/cedar shingle, native stone, or brick of a shape, color, texture and design similar to that found in the historic buildings in the Town. Concrete block and stucco are prohibited as exterior finishes.
[iii]
The building shall be limited to a simple palette of harmonious colors.
[iv]
Decorative elements may be provided with approval of the ARB; awnings with corporate logos, other than above the porte cochere or in connection with the swimming pool area, are prohibited.
[2]
Accessory uses. The following accessory uses may be approved as part of the hotel accommodations:
[a]
Barbershops and beauty shops, for use by hotel guests and employees only.
[b]
Cocktail lounge. (Nightclubs are prohibited.)
[c]
Coffee bar.
[d]
Fitness center, for use by hotel guests and employees only.
[e]
Gift shop.
[f]
Meeting and conference facilities.
[g]
Recreational uses and swimming pool, for use by hotel guests and employees only.
[h]
Restaurant.
[i]
Sauna, spa or steam room.
[j]
Valet shop.
[3]
The proposed restaurant shall offer the preparation and serving of food and drink to be consumed on the premises or off-premises catering; no drive-through services shall be permitted.
[4]
Landscaping. In addition to landscaping around the building and in parking areas, fencing and a dense, year-round landscape buffer shall be provided around the swimming pool and outdoor lounge area.
[5]
There shall be no outdoor public-address or music system, and all indoor and outdoor activity shall conform with Chapter 235, Noise.
[6]
Signage. Neither a menu directory sign nor a business identification sign as provided in § 330-248A(6) herein shall be permitted for the hotel building; instead the hotel building may have the following associated signage:
[a]
One freestanding sign not to exceed 24 square feet, the height of which shall not exceed six feet, with one foot minimum clearance below the sign and not internally illuminated; or one monument sign not to exceed five feet in height and 24 square feet in area, inclusive of all embellishments.
[b]
Entrance, exit and directional signs not to exceed four square feet and made of wood or wood-substitute and not internally illuminated.
[c]
One logo sign on the awning or outer canopy of the porte cochere, not to exceed 20 square feet.
[d]
One wall sign facing CR31, subject to the following conditions:
[i]
The sign shall be located entirely within a distinct architectural element facing CR31, such as a gable end; not to exceed 25% of the area of such architectural element.
[ii]
The distinct architectural element shall be located toward the middle of the facade facing CR31 and in no case within 24 feet of either end of the CR31 facade. The proper scale of said architectural element in relation to the building shall be approved by the Architectural Review Board.
[iii]
The sign shall not be internally illuminated and, if externally illuminated, shall be illuminated from above with fixtures that comply with dark-sky requirements.
(g)
Architecture and site design. New office and industrial buildings shall reflect both their tenants' business needs and contribution to the design objectives for the APDD. The Planning Board shall review individual site plans to ensure that the architecture and site design are compatible with the appropriate recommendations outlined in Section 5.0, entitled "Land Use and Site Plan Guideline Recommendations," of the Gabreski Airport PDD Master Plan dated May 2006, revised April 2007 and adopted on June 26, 2007.
(h)
Utility elements. Mechanical equipment and service functions, including but not limited to electrical service equipment, and dumpsters associated with the development of the site shall be incorporated into the overall design theme of the building and landscape so that these functions are out of view from streets and parking lots. Walls, fences, and landscaping shall provide an opaque screen and shall be visually compatible with the design of the building and site.
[1]
Rooftop mechanical equipment shall be located so that it is not visible from the ground level or is screened by parapet walls.
[2]
Mechanical or "meter" rooms shall be incorporated into a building to house all appropriate utility meters, junction boxes, conduit and connections.
[3]
Vents shall be painted to match adjacent wall surfaces or otherwise screened with landscaping.
[4]
Dumpsters and transformers shall not be located in prominent or highly visible locations. All dumpsters shall be screened with fences or walls pursuant to § 330-109B(4).
(i)
Parking. The following parking standards shall apply to the APDD:
[1]
Design of the parking and truck loading spaces shall be in accordance with § 330-99 of the Code of the Town of Southampton.
[2]
Parking calculations shall be based on the following gross floor area (GFA) for each use:
[a] Office: one space per 250 square feet. | |
[b] Warehouse: one space per 1,000 square feet. | |
[c] Manufacturing: one space per 650 square feet. | |
[d] Industrial: one space per 650 square feet. | |
[e] Hotel: 1.2 spaces per room. | |
[f] Day-care center: one space per 250 square feet. | |
NOTE: Uses [b], [c] and [d] may include up to 20% accessory office space associated with the primary use. | |
[3]
On-street parking shall not be permitted within the APDD.
[4]
Surface parking lots shall be divided into modules ("outdoor rooms") through the placement of planting islands with ground cover and deciduous trees. Linear islands of planting are preferred. Sites with greater than 50 parking spaces shall comply with the internal landscaping requirements of § 330-99J; sites with fewer than 50 spaces shall dedicate at least 10% of the parking area for landscape islands.
[5]
Parking lots visible to the internal streets shall be screened with a hedgerow of evergreen planting no less than four feet in height when installed.
[6]
Cross-access and shared parking agreements may be required by the Planning Board where appropriate.
[8]
Outdoor overnight parking is limited to vehicles that have a valid and current DMV registration. Any parking of truck trailers within a leased area in connection with a primary use must be screened by fencing and hedges or other vegetation deemed appropriate by the Planning Board. The Planning Board may limit the number of truck trailers parked on site based on adequacy of parking provided, layout and design of site and impact to adjoining uses.
(j)
Pedestrian circulation and amenities. The site plan for development of the subject APDD property shall incorporate a system of sidewalks to provide safe pathways within the property.
[1]
Pedestrian sidewalks shall be provided along the full length of internal road, and through parking areas, to the entrances to the building.
[2]
A landscape planting area shall be provided next to all sidewalks throughout the development and planted with deciduous street trees specified at a minimum of three-and-one-half-inch caliper with a maximum spacing of 35 feet on center. Corner intersections shall be landscaped with street trees, shrubs and appropriate ground cover.
[3]
Traffic-calming techniques, such as a change in paving materials, may be used at crosswalks, dropoffs and lobby zones.
(k)
Drainage. All stormwater runoff originating from development on the subject property shall be discharged to the subsurface of the site in accordance with Town, county and state standards. Adequate measures shall be taken to control soil erosion and stormwater runoff during and after construction, and all such measures shall be subject to the approval of the Town Engineer.
[1]
The stormwater infrastructure must be designed to treat the entire water quality volume (WQv) of stormwater runoff at the site to remove pollutants and nutrients prior to subsurface discharge into the ground. Stormwater design elements must be in conformance with the 2010 New York State Stormwater Management Design Manual, including any amendments or updates thereto to include such techniques as vegetated buffers, vegetated swales, vegetated roofs, stormwater planters, rain gardens, irrigation cisterns, or other equivalent practices that are specifically designed to improve the water quality of stormwater runoff.
(l)
Water conservation. Water-conserving fixtures and low-maintenance landscaping shall be provided on the subject property. Irrigation systems that are equipped with moisture sensors capable of detecting 1/8 inch of rainfall and automatically interrupting and preventing operation/unnecessary watering are preferable.
(m)
Landscaping.
[1]
Street trees shall be a minimum of three-and-one-half-inch caliper when installed. Street and landscape island trees and shrubs shall be located to minimize sight distance conflicts at intersections and allow sufficient clearance for pedestrians. Street and landscape island trees shall be large, deciduous shade trees selected based on the following characteristics: ability to survive in the environment of the subject site with particular regard to the on-site soil limitations; limited irrigation and maintenance requirements; good shade quality; ability to provide well matched specimens; attractive branching characteristics; and attractive fall color.
[2]
In order to ameliorate on-site soil limitations, retain moisture and foster rapid plant growth and development on site, all trees within tree pits and landscape islands in parking areas shall be planted utilizing CU-Structural Soil™, CU-Soil™ or similar treatment at a depth of 24 to 36 inches. The landscape and planting plan details shall reflect this requirement for Planning Board review and approval. Best practices for planting trees shall be required by the Planning Board. The planting plan for trees shall be subject to review and recommendations of the Natural Resources Director prior to Planning Board approval.
[3]
Street trees and landscape island trees shall not be "topped" during ordinary maintenance. For the purpose of this section, "topping" shall mean the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal tree canopy and disfigure the tree.
[4]
Other landscaping.
[a]
Ground cover shall be provided in all planting islands, and mulch shall only encompass the drip lines of trees and shrubs. Mulch of neutral/dark color shall be utilized and maintained.
[b]
The strip of land between any sidewalk and curb shall have grass or other suitable ground cover and shall not be paved with asphalt or other material unless specifically approved by the Planning Board.
(n)
Sustainability and energy conservation. The Planning Board shall ensure that best practices for sustainability are incorporated into the site plan, to include construction materials and building designs that maximize the conservation of energy.
B.
Hampton Bays Mixed-Use Planned Development District (MUPDD).
(1)
Purpose and objectives. Hampton Bays Center Mixed Use Planned Development District (MUPDD) has been structured to accomplish the findings, purpose and long-term goals established by the Town Board as part of Article XXVI, Planned Development District, of the Town Code. The Hampton Bays Center MUPDD also supports implementation of the Town's Comprehensive Plan, particularly the overall vision, goals, findings, policies and recommended actions for hamlet centers and specific land use, design and development strategies for Hampton Bays. Specific Comprehensive Plan objectives achieved by the Hampton Bays Hamlet Center MUPDD are as follows:
(a)
Intensify development in the traditional hamlet center, including redevelopment and in-fill development.
(b)
Promote a stronger eastern anchor for the hamlet center through the development of a larger grocery store.
(c)
Discourage strip commercial development through the expansion of existing development that could occur with access and design improvements.
(d)
Allow mixed-use development that assists in creating a true civic center of activity.
(e)
Promote architectural, signage, lighting, sidewalk and streetscape design improvements.
(f)
Promote traditional neighborhood development at a scale and character compatible with the hamlet center.
(g)
Create shared parking facilities with landscape, lighting and pedestrian improvements.
(h)
Promote a grid of accessways within the hamlet center.
(i)
Improve pedestrian and traffic flow and safety.
(2)
District boundary. The Hampton Bays MUPDD shall consist of parcels designated as SCTM No. 0900-263-3-11; 0900-263-3-14.1; 0900-263-3-15; 0900-263-3-16; 0900-263-3-17.1; 0900-263-3-18.1; 0900-263-3-19; and 0900-263-3-20; as further defined by the application known as the "Hampton Bays Town Center" as submitted by Hamptons Ponquogue, L.L.C., and as defined in the conceptual site plan prepared by John J. Raynor, P.E. & L.S., and dated April 24, 2000.
(3)
Conditions.
(b)
The Town Planning Board, in reviewing and approving a final site plan, shall ensure that the plan conforms to the recommendations of the Hampton Bays Hamlet Center Strategy.
(c)
The total floor area of the development of all eight parcels shall not exceed 90,000 gross square feet.
(d)
The maximum gross floor area per building or building complex to be developed on each parcel or combination of parcels shall not exceed the following:
Parcel | Maximum Gross Floor Area (square feet) |
|---|---|
SCTM No. 900-263-3-14.1, 15, 16, 17.1, 18.1 and 19 | 50,000 |
SCTM No. 900-263-3-20 | 40,000 |
SCTM No. 900-263-3-11 | 0 |
(e)
Parcel SCTM No. 900-263-3-20 shall only be developed for the retail sale of groceries as permitted within a Village Business District (VB) by § 330-33, Business Districts Table of Use Regulations, Part 3, of the Town Code.
(f)
Parcels SCTM No. 900-263-3-14.1, SCTM No. 900-263-3-17.1, SCTM No. 0900-263-3-18.1, SCTM No. 900-263-3-15, SCTM No. 900-263-3-16 Ind SCTM No. 900-263-3-19 shall only be developed for permitted and special exception uses authorized within the Village Business District (VB) by § 330-33, Business Districts Table of Use Regulations, Parts 1 through 8, of the Town Code.
(g)
An alternative plan for Parcel SCTM No. 900-263-3-14.1 may be developed to incorporate a relocated United States postal facility.
(h)
Except for Parcel SCTM No. 900-263-3-20, which shall be developed as a grocery store with a maximum of 40,000 square feet, and Parcel SCTM No. 900-263-3-14.1, which may include a United States postal facility greater than 5,000 square feet, the following minimum and maximum floor area dimensions shall apply to all other development on Parcel SCTM Nos. 900-263-3-14.1, 900-263-3-15, 900-263-3-16, 900-263-3-17.1, 900-263-3-18.1 and 900-263-3-19:
(i)
No drive-in or drive-through establishments shall be permitted on all eight parcels Suffolk County Tax Map Nos. 900-263-3-14.1, 11, 15, 16, 17.1, 18.1, 19 and 20.
(j)
Building setbacks along Montauk Highway will be at least 12 feet and on Parcel SCTM No. 900-263-3-20 the setback will be 45 feet. Building should avoid long, monotonous, uninterrupted walls or roof planes. Facades should be broken into modules of 30 feet average by use of setbacks of five feet or more characterizing entries or functional internal spaces. The architectural design of the exterior building facades on the front and backs of buildings shall conform to the elevations submitted by Rosenbaum Design Group EL-1 (3/3/00) and EL-2 (4/7/00). The design will be consistent with architectural drawings submitted to the Planning Board. The predominant exterior building materials will be natural materials such as wood and in general should be neutral or earth tones with emphasis on range of white and off-white colors to reflect predominant traditional seaside community themes. Buildings should reflect the design quality and approach of local vernacular architecture as opposed to franchise standard architecture material and detailing. Roofs should be dark and facade walls light in color consistent with the Hampton Bays Hamlet Center Strategy subject to approval of the Town Planning Board.
(k)
A formal landscape improvement plan for the entire site shall be submitted in conjunction with the final site plan. The landscape plan shall be consistent with the Hampton Bays Hamlet Center Strategy and subject to review and approval by the Town Planning Board. The landscape plan shall incorporate appropriate screening of building elevations, off-street parking and interior delivery, service and trash facilities. The entire MUPDD will have a minimum of 33,300 square feet of landscaping.
[1]
Landscaping specifics.
[a]
The applicant shall provide a heavily landscaped buffer between the Montauk Highway and the front of the proposed supermarket. The intent of the buffer is to visually screen the facade of the proposed supermarket from Montauk Highway. The landscape buffer shall be planted with at least 12 shade trees which may include but shall not be limited to Red Maple, Honeylocust, Sweet Gum and Red Oak. These trees shall have a minimum caliber of five inches and shall be full head specimens. In addition to the shade tree plantings, the applicant will provide a combination of ornamental trees, deciduous and evergreen shrubs, perennials and annuals as foundation plantings to further soften the appearance of the proposed supermarket. The desired overall effect of this landscaping is to visually screen the front of the supermarket to lessen its visual impact and thereby reduce the effect of the mass of the building as it faces Montauk Highway.
[b]
The applicant shall provide a minimum of two large landscape areas within the interior parking area which shall include berming and planting to break up the expanse or asphalt. These areas shall include shade trees including but not limited to Red Maple, Honeylocust, Sweet Gum or Red Oak. These trees shall have a minimum caliber of three inches and shall be full-head specimens. The applicant shall also provide ornamental trees with a minimum height of 12 feet. These ornamental trees shall include but may not be limited to Amur Maple, Hawthorne, Red Bud, Shad or Japanese Dogwood. The applicant will also provide a combination of deciduous and evergreen shrubs, perennials and annuals along with benches and other site furniture in order create a pleasant visual barrier of the parking and substantial landscape area within the parking area.
[c]
The applicant shall also provide a small park area. This area will be adjacent to the western access along Montauk Highway, and it will be north of the proposed parking area that abuts Montauk Highway. This area shall include but may not be limited to decorative paving, street trees, ornamental trees, deciduous shrubs, evergreen shrubs, perennials and annuals along with a garden structure, either a gazebo or pergola. This area shall be used as a sitting area for the use of the general public.
[d]
There will be a fence installed along the eastern boundary of SCTM 900-263-3-20 from Montauk Highway to the railroad property. The design and materials of this fence will be subject to the approval by the Planning Board. The inclusion of the fence does not preclude the Planning Board from determining that future cross access with the adjoining property owner is appropriate.
[2]
On Ponquogue Avenue, the landscaped area in front of SCTM No. 900-263-3-14.1 will have a setback of 25 feet, and the landscape plan will include trees as well as indigenous ground cover.
(l)
A comprehensive and unified design and location plan for all signage associated with the proposed Mixed-Use Planned Development District shall be consistent with both the guidelines of the Hampton Bays Hamlet Center Strategy, and internal signs that are seen from the exterior will be limited to 20% of the window facade, and includes temporary interior signs. Internal and external neon signs are prohibited. Two detached signs will be allowed to have a setback of less than 40 feet from the street line as required by § 330-87. One detached sign will be for identification and located in the landscape area proposed along the southern property adjacent to Ponquogue and the other on the west side of the intersection of Montauk highway and the roadway proposed in the middle of the development.
(m)
A comprehensive and unified pedestrian access and circulation plan shall be submitted in conjunction with the final site plan. The plan shall incorporate public sidewalk, streetscape improvements including trees and internal pedestrian walkway improvements recommended by the Hampton Bays Hamlet Center Strategy and subject to approval by the Town Planning Board.
(n)
A comprehensive lighting plan shall be submitted in conjunction with the site plan for review and approval by the Town Planning Board. This plan will expand the Hampton Bays Lighting District through the installation of identical lighting fixtures already present within the district. These lighting fixtures will be extended along the perimeter of this MUPDD along Montauk Highway and Ponquogue Avenue.
(o)
Off-site and internal vehicular access and circulation improvements, recommended by the April 1999 traffic engineering analysis prepared by L. K. McLean Associates, P.C., as part of the Hampton Bays Hamlet Center Strategy, shall be incorporated as part of the final site plan. The Town Planning Board may require further traffic analysis in accordance with § 330-183-B(3) of the Town Code. The vehicular access and circulation improvements to be addressed by the final site plan shall include but not be limited to the following:
[1]
Montauk Highway at Ponquogue Avenue/Squiretown Road. In order to improve the capacity of this intersection, eastbound and westbound left turn lanes should be installed along Montauk Highway. The lanes should be 10 feet wide and 75 feet long. The remaining pavement width should be sufficient to accommodate eastbound and westbound through lanes and parking on both sides of the street. Since this intersection is under the jurisdiction of the Suffolk County Department of Public Works, its concurrence is required.
[2]
Ponquogue Avenue at Good Ground Road. Anticipated traffic conditions after full implementation of the PDD development dictate that a traffic signal be installed at this location. The traffic signal must include pre-emption capability (i.e., it would be connected to the Long Island Rail Road track circuit so that the proper signal sequence can be activated to clear the track area when a train approaches). It must also be interconnected with the existing traffic signal at Montauk Highway/Ponquogue Avenue/Squiretown Road. (It should be noted that the county will be studying the Montauk Highway intersection to determine if railroad pre-emption should be provided at that location as well). Based on the data analysis, it appears that the intersection can accommodate some site-generated traffic before it reaches its capacity, prior to installation of a traffic signal. If the proposed development is implemented in stages, traffic signal installation should be required prior to the occurrence of 50% of site-generated traffic.
[3]
Site access to Montauk Highway. Provision of two access points to Montauk Highway, with the westerly access aligning opposite the exit from St. Rosalie's Church, will have a traffic light. There will be appropriate pedestrian markings for the crosswalk that will cross Montauk Highway at this traffic light to ensure safe pedestrian crossing between St. Rosalie's Church and the Hampton Bays Town Center. Again, proposed site access location and traffic control devices along Montauk Highway are subject to county approval.
(p)
Off-street parking and truck loading improvements incorporated as part of the final site plan shall be in accordance with §§ 330-92 through 330-101 of the Town Code. The final site plan's off-street parking and truck loading improvements shall also be designed to address the recommendations of the Hampton Bays Hamlet Center Strategy. All garbage, electric and gas meters will be screened.
(q)
The applicant, pursuant to § 330-244 of the Town Code, shall transfer nine development rights or Pine Barrens Credits (PBC's) to the subject Planned Development District. At least four development rights or PBC's shall be transferred prior to obtaining a building permit for the 40,000 square foot grocery store, to be situated on SCTM No. 900-263-3-20, and the remaining five development rights or PBC's shall be transferred prior to the issuance of a certificate of occupancy for the grocery store and/or development of the remaining parcels. In the event that the applicant is unable to facilitate the transfer of all or a portion of the required development rights or PBC'S, the Town Board may require, in lieu thereof, a payment to the Town of a sum, to be determined by the Town Board, representing the fair market value of the required development rights or PBC's or the equivalent amount of land or interests therein. If cash is accepted in lieu of the transfer of development rights, provisions shall be made for such sum to be deposited in a trust fund to be used by the Town Board exclusively for the acquisition of lands or interests therein for open space or recreation purposes within the boundaries of the Hampton Bays School District.
(r)
The applicant shall also provide an additional specific community benefit and amenity to the Hampton Bays Hamlet Center in the form of public sidewalk and streetscape improvements associated with Parcel SCTM Nos. 900-263-3-14.1, 900-2633-15, 900-263-3-16, 900-263-3-17.1, 900-263-3-18.1, 900-263-3-19 and 900-263-3-20 fronting Montauk Highway and SCTM Nos. 900-263-3-14.1 and 900-263-3-11 fronting Ponquogue Avenue as defined in Subsections B(3)(k), (m) and (n) of this section and as recommended by the referenced landscaping of Hampton Bays Hamlet Center Strategy and as approved by the Town Planning Board as part of the final site plan.
C.
Shinnecock Hills Maritime Planned Development District (MPDD).
(1)
District boundary. The Shinnecock Hills MPDD shall consist of parcels designated as 0900-176-1-50, 0900-176-1-part of 23, and 0900-176-2-part of 1, as shown on a survey prepared by Dolliver Associates dated March 20, 1998, and more particularly described as all that certain plot, piece or parcel of land situate, lying and being in the Town of Southampton, County of Suffolk and State of New York, bounded and described as follows: Beginning at a point on the northerly side of North Highway (County Road 39) at the southwesterly end of an arc which connects the northerly side of North Highway (County Road 39) with the southwesterly side of Inlet Road West, and from said point or place of beginning; running thence along the northerly side of North Highway (County Road 39) the following two courses and distances: (1) North 89U 28 10- West, 230.55 feet; and westerly, along the arc of a curve bearing to the right having a radius of 3,786.72 feet, a distance of 824.02 feet to land now or formerly of Shawmel Realty Corp.; running thence along said land now or formerly of Shawmel Realty Corp., North 15U 23 50- East, 316.85 feet to land now or formerly of Bangert; running thence South 79U 44 30- East, 737.16 feet; running thence North 85U 55 10- East, 180.00 feet to the westerly side of Inlet Road West; running thence along the westerly side of Inlet Road West, South 17U 04 20- East, 269.90 feet to the northerly end of an arc; running thence southerly and southwesterly along said arc, having a radius of 21.96 feet, a distance of 41.23 feet to the northerly side of North Highway (County Road 39), to the point or place of beginning; running thence along the westerly side of Inlet Road, South 16U 43 30- East, 288.98 feet; running thence, still in a general southerly direction along an arc of a curve bearing to the right and having a radius of 18.30 feet, a distance of 34.37 feet to the northerly side of North Highway (County Road 39); running thence along the northerly side of North Highway (County Road 39), North 89U 07 20- West, a distance of 170.56 feet to a point of curvature; running thence northerly, along an arc of a curve bearing to the right having a radius of 40.99 feet, a distance of 51.79 feet to the point or place of beginning.
(2)
Conditions.
(b)
The MPDD may include the following uses only:
[1]
Parcel B: standard restaurant, 4,492 square feet indoor restaurant and an outdoor standard restaurant area of 1,644 square feet with six-hundred-foot tent to be removed on a seasonal basis; maximum occupancy to be determined by the Department of Land Management.
[2]
Parcel B: Marina to provide for the berthing of recreational watercraft; the total number of slips shall not exceed 48.
[3]
Parcel B: Setbacks are modified to the extent necessary to allow the proposed restaurant expansion.
[4]
Parcel A: farm; woodworking shop 16 feet by 24 feet; freezer eight feet by 16 feet; retail use for the sale of farm products grown on the premises; parking.
(c)
All structures and uses shall be subject to site plan approval, including calculation of required parking under the allowable occupancy.
(d)
The applicant shall grant a conservation easement(s) to the Town of Southampton, in a form acceptable to the Town Attorney, for the following:
[1]
To provide for the maintenance of a natural vegetative buffer along a perimeter of the property consisting of 60 feet in width along North Road and 50 feet in width along the westerly and northerly property lines (Parcel A).
[2]
Permitting the clearing and use of the balance of the property, excluding the required parking area, for bona fide organic agricultural pursuits, including the use of raised beds for the growing of crops. Said easement shall permit the erection of buildings and structures which are customarily accessory and incidental to the agricultural use, including an agricultural greenhouse, pursuant to § 330-50D of the Town Code. The easement may also allow a woodworking shop not to exceed 384 square feet for the manufacture and construction of wood crafts. The sale of wood crafts made on the premises may be permitted. However, no sale of items constructed off premises may be permitted (Parcel A).
[3]
As offered by the applicant, prohibiting the use of pesticides and artificial fertilizers and requiring the use of drip or soak hoses (Parcel A).
(e)
The applicant shall grant a covenant to the Town of Southampton, in a form acceptable to the Town Attorney, for the following:
[1]
The occupancy of the restaurant shall not exceed the amount determined by the Department of Land Management (Parcel B).
[2]
No outdoor music, entertainment or loudspeakers shall be permitted on the exterior of the premises (Parcels A and B).
[3]
Access shall be permitted from Inlet Road only (Parcels A and B).
[4]
Any further change, modification, alteration or expansion of the conditions of this change of zone shall require approval of the Town Board by local law (Parcels A and B).
(f)
Prior to site plan approval, the applicant shall obtain all necessary permits for a septic system in conformance with Suffolk County Department of Health Services regulations.
(g)
The applicant shall prepare a landscaping and screening plan for approval by the Planning Board to ensure adequate buffering along adjacent roads and neighboring properties.
(h)
The applicant shall prepare a lighting plan for approval by the Planning Board.
(i)
The applicant shall obtain Town Highway Department approvals for all existing and proposed access points and for all structures or improvements constructed on or under Inlet Road.
D.
Hampton Classic Recreation/Tourism Planned Development District (RTPDD).
(1)
Purpose and objectives. The Hampton Classic Recreation/Tourism Planned Development District (RTPDD) has been structured to accomplish the findings, purpose and long-term goals established by the Town Board as part of Article XXVI, Planned Development District, of the Town Code. The Hampton Classic RTPDD encourages the development of a centralized area of recreation, cultural, entertainment and tourism facilities to serve the Town's tourism industry. The McNamara property is the site of the annual charitable special event known as "The Hampton Classic Horse Show" that is one of the premiere equestrian competitions in the world. The Hampton Classic Recreation/Tourism Planned Development District encourages the McNamara family and the Hampton Classic Horse Show, Inc. to carefully design, maintain, construct and use certain buildings and structures related to the annual eight-day special event without the need to annually construct and remove said structures. Such a carefully designed facility will help minimize friction between the special event and the nearby residential area, allow for buffering and hedgerow plantings and reduce congestion and other environmental hazards. The Hampton Classic RTPDD will provide community benefits and amenities by requiring the property to be maintained undeveloped and open and available for agricultural uses. The Hampton Classic RTPDD also supports implementation of the Town's Comprehensive Plan, particularly its recognition of the growth of the equine industry on the East End and the need for infrastructure for events such as horse shows.
(2)
District boundary. The Hampton Classic Recreation/Tourism Planned Development District shall consist of the parcel designated as SCTM No. 0900-085-1-1; as further defined by the Map of Property for Hampton Classic Horse Show, Inc., prepared by Lester Holden, L.S., last revised on May 18, 1999, and more particularly bounded and described as follows: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being on the westerly side of Snake Hollow Road, Bridgehampton, Town of Southampton, Suffolk County, New York, bounded and described as follows:
(a)
Beginning at a point on the westerly side of Snake Hollow Road where the same is intersected by the northerly line of lands of the Town of Southampton known as "Sayre Park" as described in a deed recorded in the Suffolk County Clerk's office in Liber 11652 cp 176 and which point is also located North 03 degrees 33 minutes 20 seconds East, 148.56 feet northerly from the point of intersection of the northerly line of lands now or formerly of Long Island Railroad with the said westerly line of Snake Hollow Road, measured along the latter; and
(b)
Running thence westerly along the northerly line of said lands of the Town of Southampton, the following five courses and distances:
[1]
South 78 degrees 52 minutes 30 seconds West, 234.97 feet;
[2]
South 77 degrees 17 minutes 10 seconds West, 484.20 feet;
[3]
South 75 degrees 33 minutes 10 seconds West, 546.30 feet;
[4]
South 73 degrees 40 minutes 10 seconds West, 312.70 feet; and
[5]
South 75 degrees 25 minutes 10 seconds West, 480.00 feet, more or less to the shoreline of Long Pond;
(c)
Thence in a general northerly and easterly direction along the shoreline of Long Pond as it winds and turns, to the southerly line of lands now or formerly of Henry V. Stuebe along the following 35 tie-line courses and distances:
[1]
North 33 degrees 29 minutes 01 seconds East, 116.73 feet;
[2]
North 00 degrees 49 minutes 16 seconds West, 169.80 feet;
[3]
North 15 degrees 40 minutes 27 seconds East, 69.47 feet;
[4]
North 62 degrees 31 minutes 29 seconds East, 38.56 feet;
[5]
North 06 degrees 39 minutes 25 seconds West, 320.30 feet;
[6]
North 60 degrees 31 minutes 32 seconds West, 99.81 feet;
[7]
North 41 degrees 20 minutes 14 seconds West, 108.81 feet;
[8]
South 62 degrees 43 minutes 06 seconds West, 42.85 feet;
[9]
North 24 degrees 53 minutes 43 seconds West, 92.67 feet;
[10]
South 73 degrees 46 minutes 24 seconds East, 66.17 feet;
[11]
North 23 degrees 32 minutes 20 seconds West, 112.10 feet;
[12]
South 76 degrees 01 minutes 54 seconds West, 51.69 feet;
[13]
South 12 degrees 01 minutes 52 seconds West, 61.51 feet;
[14]
South 37 degrees 33 minutes 49 seconds East, 26.21 feet;
[15]
South 07 degrees 06 minutes 24 seconds West, 97.63 feet;
[16]
South 87 degrees 46 minutes 17 seconds West, 74.74 feet;
[17]
North 11 degrees 22 minutes 33 seconds West, 72.51 feet;
[18]
South 74 degrees 22 minutes 18 seconds East, 55.94 feet;
[19]
North 05 degrees 25 minutes 33 seconds West, 78.57 feet;
[20]
North 24 degrees 01 minutes 56 seconds East, 148.21 feet;
[21]
North 08 degrees 11 minutes 32 seconds West, 95.57 feet;
[22]
North 58 degrees 12 minutes 13 seconds West, 119.05 feet;
[23]
South 85 degrees 42 minutes 05 seconds West, 51.39 feet;
[24]
North 37 degrees 08 minutes 07 seconds West, 102.53 feet;
[25]
North 05 degrees 20 minutes 27 seconds East, 111.70 feet;
[26]
North 20 degrees 00 minutes 00 seconds West, 36.05 feet;
[27]
North 83 degrees 49 minutes 14 seconds West, 39.69 feet;
[28]
North 18 degrees 41 minutes 48 seconds West, 41.21 feet;
[29]
North 59 degrees 13 minutes 53 seconds East, 99.24 feet;
[30]
North 84 degrees 32 minutes 43 seconds East, 69.73 feet;
[31]
South 68 degrees 16 minutes 47 seconds East, 209.06 feet;
[32]
South 49 degrees 53 minutes 15 seconds East, 169.72 feet;
[33]
North 89 degrees 52 minutes 43 seconds East, 165.94 feet;
[34]
North 33 degrees 13 minutes 52 seconds East, 125.69 feet;
[35]
North 23 degrees 30 minutes 22 seconds West, 50.45 feet to the southerly line of lands now or formerly of Henry V. Stuebe;
(d)
Thence, easterly along said last mentioned lands and lands known formerly of Stuart and Allison Goode, North 75 degrees 14 minutes 40 seconds East, a distance of 1,833.00 feet to the westerly side of Mitchell Lane/Snake Hollow Road
(e)
Thence in a southerly direction along the westerly side of said Mitchell Lane/Snake Hollow Road, the following two courses and distances:
(3)
Permitted uses within the RTPDD. The following uses shall be permitted subject to compliance with all applicable laws, rules and regulations:
(a)
All uses specifically identified as permitted or special exception uses in the underlying CR-80 Residence Zoning District.
(b)
Agricultural uses, including agriculture, animal husbandry, agricultural greenhouses, plant nursery, horse farm and horse stabling facility specifically identified as permitted or special exception in the underlying CR-80 Residence Zoning District.
(4)
Dimensional regulations. Within the Hampton Classic RTPDD, the dimensional regulations established for the underlying CR-80 Residence Zoning District shall apply as stipulated by § 330-11, Residence Districts Table of Dimensional Regulations, except that no buildings or structures covering more than 100 square feet shall be located within 100 feet of a property line. Nothing herein shall preclude the erection of temporary buildings and structures specifically authorized pursuant to a Town Board special event permit.
(5)
Specific conditions.
(b)
Alterations, modifications or changes to the property shall be permitted without further Town Board review, provided that such alterations, modifications or changes are depicted on a new site plan that shall be reviewed and approved by the Planning Board.
(c)
The Town Planning Board, in reviewing and approving a site plan, shall ensure that the plan provides for appropriate buffering and hedgerow plantings where necessary to protect adjacent properties and land uses as recommended by the Comprehensive Plan Update.
(d)
No buildings and structure and no clearing or disturbance of the natural vegetation shall take place within two hundred feet of the wetlands along the shoreline of Long Pond without a wetland permit from the Town Conservation Board (or Planning Board, if applicable).
(e)
No approval or authorization is given or implied for the use of the adjoining Town lands known as "Sayre Park."
(f)
Prior to the issuance of a certificate of occupancy for the buildings and structures on the property, the landowner and applicant shall submit and record a temporary conservation easement that precludes the development of the property for any use, other than the annual special event horse show, and, to the maximum extent practicable, the lands shall remain open and available for agricultural uses. The easement shall provide for the erection of buildings and structures related to the annual special event horse show authorized by the Town Board. The easement shall remain in effect so long as the annual horse show special event is authorized for the property.
(g)
In addition to the provisions of § 330-244H. of this article, the approval of the Hampton Classic RTPDD shall expire when no request for the annual special event horse show has been received by the Town Clerk for two consecutive years or where the landowner requests, in writing, to extinguish all rights to the RTPDD. In the event of the expiration of the approval of the Hampton Classic RTPDD as provided herein, all buildings and structures shall be removed and the property restored. Nothing herein shall preclude the landowner from making a timely application to maintain and use the property, buildings and structures for authorized uses. The Town Board may, after due notice to the landowner and an opportunity to be heard, extinguish or cause the Hampton Classic RTPDD to expire, without further amendment to this Chapter, by adoption of a resolution, which shall direct the Town Clerk to amend the Zoning Map in accordance with § 330-244H. Notice herein shall be mailed to the landowner at the address stated in the latest real property tax record. The conservation easement required in Subsection D(5)(f) above shall include the landowner's agreement to the provisions of this section.
E.
Quiogue East Recreation/Tourism Planned Development District (QERTPD).
(1)
Purpose and objectives. The Quiogue East Recreation/Tourism Planned Development District (QERTPD) is structured to accomplish the findings, purpose and long-term goals established by the Town Board as part of Article XXVI, Planned Development District, of the Town Code. The QERTPD supports implementation of the Central Pine Barrens Comprehensive Land Use Plan and the Town of Southampton's Comprehensive Plan and Community Preservation Project Plan. The QERTPD also achieves the following objectives:
(a)
Support the most efficient and purposeful use of vacant and disturbed land.
(b)
Improve the overall quality of the surrounding residential neighborhoods.
(c)
Preserve the unique community character and sense of place that is Quiogue.
(d)
Eliminate costly infrastructure improvements and expansion costs.
(e)
Provide incentives for the reclamation and reuse of disturbed parcels.
(f)
Provide efficient and viable land use options that complement the surrounding pattern and density of development.
(g)
Establish innovative land use and zoning standards.
(h)
Support the implementation of the Comprehensive Plan, Community Preservation Project Plan and Central Pine Barrens Comprehensive Land Use Plan.
(i)
Protect the Quantuck Creek and Aspatuck Creek watersheds.
(j)
Establish a greenway connecting with the Quogue Wildlife Refuge.
(2)
District boundary. The Quiogue East RTPD consists of parcels designated as Suffolk County Tax Map Nos. 900-359-3-47.1 and 49 and 900-359-4-56 comprising approximately 104.1 acres located south of the Long Island Rail Road and north of Old Meeting House Road.
(3)
Permitted uses within the QERTPD. The following uses shall be permitted, subject to compliance with the standards and conditions set forth in this section, and all other applicable laws, rules and regulations. Other than the underlying uses of the OSC District, the uses listed herein are the only uses permitted in the QERTPD and are to the exclusion of the general permitted uses listed in § 330-246D(3).
(a)
All uses listed as permitted or special exception uses in the underlying OSC District.
(b)
Fire station, municipal office or any government building of similar character.
(c)
School, elementary or high, public denominational or private nonprofit, operated or licensed by the New York State Education Department, or other educational complexes.
(d)
Park, playground, trails or recreational area when authorized by the Town Board and operated by a public or not-for-profit entity.
(e)
Country club and golf course.
(f)
Public utility structure or right-of-way or water supply facility necessary to serve the municipality.
(g)
Community or recreation facilities, including playing fields, skating rinks, tennis centers, swimming pools, driving range, miniature golf, horseback riding or other compatible indoor and outdoor recreation facility, subject to the provisions of § 330-248E(10).
(h)
Library or museum.
(i)
Customary accessory structures and/or uses, except those prohibited by this chapter.
(4)
Special exception uses within the QERTPD. The following uses shall be permitted by special exception approval by the Planning Board subject to compliance with the standards and conditions set forth in this section, and all other applicable laws, rules and regulations. Other than the underlying uses of the OSC District, the uses listed herein are the only uses permitted in the QERTPD and are to the exclusion of the general permitted uses listed in § 330-246D.
(a)
Any other commercial recreation use where it can be demonstrated that such use will be beneficial, compatible and harmonious with the uses of the QERTPD and the surrounding area and where it is further demonstrated that the goals and objectives set forth in this article and the Comprehensive Plan are furthered.
(b)
Regional sports or recreational facilities.
(5)
Dimensional regulations. The following dimensional regulations shall apply to lands within the QERTPD:
(a)
Lot area, minimum: 25 acres.
(b)
Maximum lot coverage by main and accessory buildings: 10,000 square feet.
(e)
Buffer yard: 100 feet.
[1]
A buffer yard consisting of natural vegetation shall be maintained along any property line adjoining residential property or adjoining a street right-of-way.
[2]
The Town Planning Board may elect to increase the depth of the buffer yard to further conserve open space, natural vegetation and wildlife habitat based on an advisory report for the natural Resources Director.
(6)
Lighting. A lighting plan shall be submitted to the Town Planning Board as part of any site plan application. The Town Planning Board may limit the type, location, intensity and hours of operation of all lighting devices proposed. In reviewing a lighting plan, the Town Planning Board shall consider the potential impacts of outdoor lighting on both residential properties and the overall character of the surrounding environment.
(7)
Comprehensive golf course management plan. All applications for golf courses shall include a detailed submission of a comprehensive golf course management plan based on the following general provisions to be further specified by the Planning Board:
(8)
Protection of natural vegetation. Disturbance or clearance of natural vegetation located on a lot or tract shall not exceed 15% unless development rights or Pine Barren Credits are transferred pursuant to § 330-248E(10)(a), and unless an alternative landscape or revegetation plan is recommended by the Director of Natural Resources and approved by the Town Planning Board.
(9)
Buffer yard landscaping. A landscape plan for all required buffer yards shall be prepared for review and approval by the Town Planning Board. The landscape plan may employ one or more of the following treatments: preserve and protect natural vegetation; introduce native vegetation; installation and planting of an earthen berm; screen fencing or walls.
(10)
Special conditions. The following special conditions shall be required to implement the Comprehensive Plan of the Town of Southampton and the Central Pine Barrens Comprehensive Land Use Plan, and to facilitate the protection of the environment:
(a)
Additional lot coverage and/or clearance of natural vegetation proposed for a receiving parcel or tract shall require the transfer of development rights or Pine Barrens Credits. Each development right or Pine Barrens Credit transferred shall be equivalent to either an increase of 2,000 square feet in lot coverage or 43,560 square feet of clearance of natural vegetation. However, overall lot coverage shall not exceed 20,000 square feet and clearance of natural vegetation shall not exceed 50% of the receiving parcel or tract.
(b)
The use of the premises for a private community or regional sports or recreation facility as set forth in § 330-248E(3) shall require the transfer of development rights or Pine Barrens Credits in accordance with the following schedule:
Activity | No. of TDR's or PBC's |
|---|---|
Public use: municipally owned and operated facility | 0 |
Quasi-public (proprietary) use: municipally owned, privately operated facility | 5 |
Private use: privately owned and operated facility | 10 |
F.
Quiogue West Recreation/Tourism Planned Development District (QWRTPD).
(1)
Purpose and objectives. The Quiogue West Recreation/Tourism Planned Development District (QWRTPD) is structured to accomplish the findings, purpose and long-term goals established by the Town Board as part of Article XXVI, Planned Development District, of the Town Code. The QWRTPD supports implementation of the Central Pine Barrens Comprehensive Land Use Plan and the Town of Southampton's Comprehensive Plan and Community Preservation Project Plan. The QWRTPD also achieves the following objectives:
(a)
Support the most efficient and purposeful use of vacant and disturbed land.
(b)
Improve the overall quality of the surrounding residential neighborhoods.
(c)
Preserve the unique community character and sense of place that is Quiogue.
(d)
Eliminate costly infrastructure improvements and expansion costs.
(e)
Provide incentives for the reclamation and reuse of disturbed parcels.
(f)
Provide efficient and viable land use options that complement the surrounding pattern and density of development.
(g)
Establish innovative land use and zoning standards.
(h)
Support the implementation of the Comprehensive Plan, Community Preservation Project Plan and Central Pine Barrens Comprehensive Land Use Plan.
(i)
Protect the Quantuck Creek and Aspatuck Creek watersheds.
(j)
Establish a greenway connecting with the Quogue Wildlife Refuge.
(2)
District boundary. The Quiogue West QWRTPD is comprised of 14 separately owned parcels (Suffolk County Tax Map Nos. 900-359-3-30.1, 30.2, 31, 33, 35, 36.1, 37, 39, 40, 42, 43, 44, 45 and 46) zoned CR-40 and totaling approximately 109.07 acres located south of the Long Island Rail Road, north of South Country Road and east of Peters Lane.
(3)
Permitted uses within the QWRTPD. The following uses shall be permitted within the QWRTPD, subject to compliance with all applicable laws, rules and regulations:
(a)
All uses listed as permitted or special exception in the underlying CR-40 Residence District.
(b)
Community or regional sports or recreation facilities, including playing fields, skating rinks, tennis centers, swimming pools, golf course, driving range, horseback riding or other compatible indoor and outdoor recreation facility, subject to the provisions of § 330-248F(8).
(c)
Customary accessory structures and/or uses except those prohibited by this chapter.
(4)
Dimensional regulations. Within the QWRTPD, the dimensional regulations established for the underlying CR-40 District shall apply as stipulated by § 330-11, Residence Districts Table of Dimensional Regulations, of the Town Code of the Town of Southampton, except for the following:
(a)
A buffer yard consisting of natural vegetation shall be maintained along the following:
[1]
Adjoining a residential zone: 60 feet.
[2]
Adjoining a public right-of-way: 100 feet.
[3]
The Town Planning Board may elect to increase the depth of the buffer yard to further conserve open space, natural vegetation and wildlife habitat based on an advisory report for the Natural Resources Director.
(5)
Lighting. A lighting plan shall be submitted to the Town Planning Board as part of any site plan application. The Town Planning Board may limit the type, location, intensity and hours of operation of all lighting devices proposed. In reviewing a lighting plan, the Town Planning Board shall consider the potential impacts of outdoor lighting on both residential properties and the overall character of the surrounding environment.
(6)
Comprehensive golf course management plan. All applications for golf courses shall include a detailed submission of a comprehensive golf course management plan based on the following general provisions to be further specified by the Planning Board:
(7)
Buffer yard landscaping. A landscape plan for all required buffer yards shall be prepared for review and approval by the Town Planning Board. The landscape plan may employ one or more of the following treatments: preserve and protect natural vegetation; introduce native vegetation; installation and planting of an earthen berm; screen fencing or walls.
(8)
Special conditions. The following special conditions shall be required to implements the Comprehensive Plan of the Town of Southampton and the Central Pine Barrens Comprehensive Land Use Plan, and to facilitate the environmental cleanup of the properties:
(a)
Additional lot coverage proposed for a receiving parcel or tract (i.e., in excess of 20%) shall require the transfer of development rights or Pine Barrens credits. Each development right or Pine Barrens credit transferred shall be equivalent to an increase of 2,000 square feet in lot coverage. However, overall lot coverage shall not exceed 30% of the lot area.
(b)
No lot or tract within the QWRTPD shall be developed or redeveloped wit out an environmental audit first being performed and the property being cleaned up to the satisfaction of the Town, the Suffolk County Department of Health Services and/or the New York State Department of Environmental Conservation. Nothing herein shall preclude the landowner from undertaking the adaptive reuse of the property located within the Quiogue West RTPD without the aforementioned cleanup of the property, provided that the New York Department of Environmental Conservation and the Suffolk County Department of Health find that such use is as protective of the environment and to the adjoining landowners as any use would be if the cleanup was performed.
G.
Agricultural PDD.
(1)
Purpose.
(a)
The Agricultural PDD is intended to encourage the protection of farming and the business of farming in the Town of Southampton. The importance of agriculture as both a vital local economic base and as a land form that provides the Town of Southampton with much of its rural, rustic character and charm, has been recognized throughout the several regulatory mechanisms provided in the Code of the Town of Southampton. The Town Board also acknowledges that the impact of all regulatory mechanisms must be balanced against maintaining the farm owner’s equity in order to preserve the vitality of the agricultural industry.
(b)
To continue farming as a viable family business, Southampton’s farm families must engage in frequent, if not constant, review of all available short- and long-term planning options. These options include agricultural tax abatement programs, land preservation programs offered by private conservation organizations, the Town, county and/or state, subdivision and other sophisticated estate-planning techniques. Changing regulations at the local level can have a devastating impact on the ability of a farmer to maintain his equity. These regulations recognize this.
(c)
The 1999 Comprehensive Plan Update recommends a number of strategies to preserve a maximum amount of the remaining agricultural land base while also maximizing the potential for agricultural use. It is the intent of these regulations to provide a system of zoning incentives and bonuses for development that provide substantial community benefits or amenities in accordance with § 261-b of the Town Law of the State of New York and § 247 of the General Municipal Law of the State of New York.
(d)
Under the Agricultural PDD rezoning, the farm owner and the Town will enter into an agricultural easement under which the land will remain in agricultural production, as defined by § 301 of the Agriculture and Markets Law, for a minimum of 10 years. During this limited period while the easement remains in effect, the landowner will be granted specific density and open space set-asides percentages. While the easement remains in place, the Town and the landowner can explore a number of preservation options, including purchase of development rights, transfer of development rights, outright acquisition, or a conservation opportunities subdivision. The legislation also provides the Town with an opportunity to purchase the property outright or to purchase development rights prior to the expiration of the agricultural easement.
(2)
Requirements and incentives.
(a)
A parcel shall be 10 acres or greater, situated within the Agricultural Overlay District and be restricted with an agricultural easement for a period of at least 10 years. For purposes of this PDD, a parcel may consist of a lot designated as a single tax number, or of two or more contiguous lots with separate tax map numbers.
(b)
Agricultural easement.
[1]
The Town of Southampton may accept an agricultural easement to ensure the continuation of agricultural production as defined in § 301 of the Agriculture and Markets Law, which may include the following:
[2]
The easement shall be in a form consistent with the Town’s development rights Easement and in a form acceptable to the Town Attorney’s office.
[4]
This easement must be recorded in the Suffolk County Clerk’s office.
[5]
Early termination. A landowner may petition the Town Board for termination of the agricultural easement and rezoning of the property during the initial ten-year period after the PDD is granted, but not until after the PDD has been in effect for five years. The Town Board may, in its discretion, grant such a petition after a public hearing upon a finding of undue hardship or extraordinary circumstances, including but not limited to death, illness or catastrophic economic loss. The property owner may also request development according to the restrictions set forth in the PDD. The Town Board may, at its own discretion, grant such a request.
[6]
Opportunity to purchase prior to termination. At least 120 days prior to the termination of the agricultural easement, the Town shall have the opportunity to offer to purchase the development rights or fee title for all or part of the parcel. If the Town wishes to purchase development rights or fee title on all or part of the parcel, the Town shall make an offer 60 days prior to the termination date, taking into consideration the availability of funding and the fair market value of the property and in accordance with the zoning and cluster regulations defined in the easement. If an agreement on the price is not reached within 30 days of the offer or the time to negotiate a fair price is not extended by mutual consent by the parties, the landowner may develop the property in accordance with the Agricultural PDD and the zoning and cluster regulations defined in the easement. The landowner will then have three years to submit an application to the Planning Board that will be reviewed by the Planning Board according to the Agricultural PDD and the zoning and cluster regulations defined in the agricultural easement. This three-year limitation can be extended only by a resolution by the Town Board.
[7]
Negotiation during easement period. During the first 10 years of the agricultural easement, the landowner may seek an offer from the Town for purchase of development rights or fee title, subject to the following procedures:
[a]
Submission of a letter of interest and request for an appraisal to the Town Clerk.
[b]
Appraisal by the Town based on the yield and open space set asides defined in the Agricultural PDD.
[c]
If the Town makes an offer, said offer shall take into consideration the availability of funding and the fair market value. The Town must respond within 120 days of receiving the landowner's request.
[d]
The landowner has the option to accept or refuse the offer without any violation of the conditions of the Agricultural PDD.
(c)
Yield.
[1]
Open space percentages and density; development yield.
[a]
In consideration for not developing a parcel for 10 years, the landowner will receive the following density and set aside percentages in the following zones while the Agricultural PDD remains in effect:
OPEN SPACE PERCENTAGES AND DENSITY WITHIN THE AGRICULTURAL PLANNED DEVELOPMENT DISTRICT | ||
|---|---|---|
Percentage Open Space | Zoning | Density (one dwelling per square feet) |
65% | CR-200 | 1/200,000 |
65% | CR-120, R-120 | 1/120,000 |
50% | CR-80, R-80 | 1/80,000 |
35% | CR-60, R-60 | 1/60,000 |
35% | CR-40, R-40 | 1/40,000 |
[b]
Subdivision yield will be based upon the development yield established by multiplying the gross lot area (in acres) of the parcel by the following development yield factor table. The applicable development yield factor for a particular parcel of land is based upon the above zoning table.
YIELD ALLOCATION TABLE FOR LANDS WITHIN THE AGRICULTURAL OVERLAY DISTRICT | ||
|---|---|---|
Zoning District | Minimum Lot Area of Zone | Development Yield Factor |
CR-200 | 200,000 | 0.22 |
CR-120, R-120 | 120,000 | 0.36 |
CR-80, R-80 | 80,000 | 0.55 |
CR-60, R-60 | 60,000 | 0.73 |
CR-40, R-40 | 40,000 | 0.92 |
[2]
The landowner may hire its own consultant to verify yield.
(d)
Grant monies. The Town shall assist landowners of parcels zoned as Agricultural PDDs in obtaining federal, state, county and local grant monies for emerging agricultural programs. These programs may include, but are not limited to, those designed to promote product diversity, marketing or otherwise encourage economic development of agriculture within the Town of Southampton.
H.
Westhampton Residential Planned Development District (WRPDD).
(1)
Purpose and objectives.
(a)
The Westhampton Residential Planned Development District (WRPDD) has been structured to accomplish the findings, purpose and long-term goals established by the Town Board as part of Article XXVI, Planned Development District, of the Town Code.
(b)
The primary intent of the WRPDD is to provide an economically viable adaptive reuse of the property in such a way that will be consistent with the objectives of the 1970 Town Master Plan, the 1999 Comprehensive Plan Update, the June 1999 Westhampton Drag Strip Planned Development District Study, and the Central Pine Barrens Comprehensive Land Use Plan. The rezoning to a residential planned development district is intended as a means to allow additional development to facilitate the elimination of this unique, one-of-kind preexisting nonconforming use, consistent with the recommendations of the 1999 Comprehensive Plan Update. The proposed action would allow for the elimination of the existing noise-generating use, and replace that use with a land use that would be consistent with the surrounding ambient noise levels and will substantially eliminate offensive noise levels in the area, particularly with public nuisances associated with the former racetrack.
(c)
The WRPDD is intended to encourage flexible residential development with provisions for parks, recreational, community uses, services and activities normally accessory to residential use, while maximizing the preservation of natural vegetation and resources. Clustering development, open space preservation, maximizing the most efficient utilization of transportation systems, utilities and public services are intended to be achieved by the WRPDD. The intent is to support creative, desirable and affordable private residential development by providing incentives and flexibility, which encourage the use of innovative planning and design techniques.
(d)
The WRPDD also supports implementation of the Town's Comprehensive Plan, particularly the overall vision, goals, findings, policies and recommended actions for hamlet centers and specific land use, design and development strategies for Westhampton. Specific objectives contained in the Comprehensive Plan which are achieved by the WRPDD are as follows:
[1]
Support the most efficient and purposeful use of vacant and disturbed land.
[2]
Improve the overall quality of the surrounding residential neighborhoods.
[3]
Preserve the unique community character and sense of place that is Westhampton.
[4]
Eliminate costly infrastructure improvements and expansion costs.
[5]
Provide incentives for the reclamation and reuse of disturbed parcels.
[6]
Provide efficient and viable land use options that complement the surrounding pattern and types of development.
[7]
Establish innovative land use and zoning standards.
[8]
Support the implementation of the Comprehensive Plan, Community Preservation Project Plan and Central Pine Barrens Comprehensive Land Use Plan.
[9]
Eliminate a preexisting nonconforming use and remove a public nuisance.
[10]
Restore 14 acres of an environmentally sensitive area located within the Core Preservation Area as defined by the Central Pine Barrens Comprehensive Land Use Plan.
[11]
Provide the opportunity for affordable housing for senior citizens, age 55 years and older.
[12]
Provide a receiving site for the transfer of development rights or Pine Barrens credits.
[13]
Provide a positive economic impact to the Town and to the surrounding hamlets and villages.
[14]
Enhance property values to the residents of Westhampton and to the surrounding villages and hamlets.
[15]
Provide park and recreational space.
(2) BUYER BENEFIT COMMUNITY BENEFIT UNIT CURRENT APPRAISED VALUE ELIGIBILITY CERTIFICATE INTENT TO SELL NOTICE MIDDLE-INCOME HOUSEHOLD MODERATE-INCOME HOUSEHOLD
Definitions. As used in this subsection, unless otherwise defined pursuant to guidelines as promulgated or amended by the Town, its boards or its agencies, the following terms shall have the meanings indicated:
A lien on a housing unit comprised of the difference between the original purchase price of the housing unit paid by the buyer and the Town's appraisal of the fair market value of the housing unit at the time of sale.
Housing unit(s) which is (are) intended to provide a long-term benefit to the community as an affordable housing unit(s) for income-eligible households and subject to recorded restrictions.
The monetary value of a housing unit which is comprised of the average difference between the Town's appraisal of such unit and the owner's private appraisal of such unit.
A document issued by the Town or its agent, setting forth a declaration that a potential buyer for a particular housing unit has met the Town's criteria and guidelines for being allowed to go forward and to purchase such unit.
A written notice sent certified mail to the Town or its agent by the owner of a particular housing unit setting forth his/her desire to locate a buyer for such unit.
In accordance with standards set forth by the U.S Department of Housing and Urban Development (HUD), a household whose gross annual income is greater than 80% but does not exceed 120% of the gross household income for households of the same size within the housing region in which the housing is located.
In accordance with standards set forth by the U.S. Department of Housing and Urban Development (HUD), a household whose gross annual income is greater than 50% but does not exceed 80% of the gross household income for households of the same size within the housing region in which the housing is located.
(3)
Compatible growth area district boundary.
(a)
The WRPDD shall consist of a fifty-two-acre portion of a parcel designated as SCTM No. 900-329-1-12.2 as further defined by the Westhampton Senior Housing Schematic Site Plan as shown on the conceptual site plan prepared by Perkins Eastman Architects, P.C. dated June 5, 2001. This fifty-two-acre portion is designated as being within the Compatible Growth Area as defined by the Central Pine Barrens Comprehensive Land Use Plan. The fourteen-and-two-tenths-acre portion of the subject property, which is located within the Core Preservation Area as defined by the Central Pine Barrens Comprehensive Land Use Plan, shall be excluded from the district boundary of this WRPDD.
(b)
Boundary description.
[1]
Beginning at a point on the northerly side of Old Country Road, which said point is located 3049.01 feet easterly from the point of intersection of the easterly line of Evergreen Avenue with the said northerly line of Old Country Road, measured along the latter; and
[2]
Running thence northerly along the easterly line of lands now or formerly of the County of Suffolk (formerly of Frylink), North 2 degrees 22 minutes 45 seconds West, 4455.76 feet more or less to the southerly line of the Pine Barrens Core Preservation Area;
[3]
Thence easterly along the southerly line of the Pine Barrens Core Preservation Area, North 87 degrees 37 minutes 15 seconds East, 687.68 feet more or less to a point and the westerly line of lands now or formerly of Gallo;
[4]
Thence southerly along the westerly line of said lands now or formerly of Gallo, South 01 degrees, 51 minutes 10 seconds East, 793.25 feet more or less to the westerly line of lands now or formerly of the County of Suffolk;
[5]
Thence continuing southerly along the westerly line of said last mentioned lands the following 11 courses and distances:
[a]
South 20 degrees 34 minutes 45 seconds West, 673.48 feet to a monument;
[b]
South 05 degrees 29 minutes 30 seconds East, 314.55 feet to a monument;
[c]
South 65 degrees 42 minutes 45 seconds;
[d]
South 20 degrees 34 minutes 45 seconds West, 645.89 feet to a monument;
[e]
South 01 degrees 51 minutes 10 seconds East, 220.81 feet to a monument;
[f]
South 69 degrees 25 minutes 15 seconds East, 48.25 feet to a monument;
[g]
South 20 degrees 34 minutes 45 seconds West, 116.85 feet to a monument;
[h]
South 01 degrees 51 minutes 10 seconds East, 410.73 feet to a monument;
[i]
South 69 degrees 25 minutes 15 seconds East, 252.77 feet to a monument;
[j]
North 20 degrees 34 minutes 45 seconds East, 18.18 feet; and
[k]
South 01 degrees 51 minutes 10 seconds East, 684.69 feet to lands now or formerly of Old Country Road Co;
[7]
Thence along the northerly side of Old Country Road, North 77 degrees 30 minutes 20 seconds West, 160.66 feet to a point or place of beginning.
(4)
Permitted uses within the WRPDD. The following uses shall be permitted subject to compliance with all applicable laws, rules and regulations:
(a)
Senior citizen one-family detached dwellings, two-family detached dwelling or multiple dwelling for three or more families, for residents age 55 years and older.
(b)
Clubhouse, gatehouse and meeting facilities.
(c)
Recreational uses, including swimming pools, tennis courts, health spa, exercise facilities, gazebos and trails.
(d)
A single neighborhood convenience shop, to be accessory to the planned development, serving only the residents of the planned residential development.
(e)
Fences, arbors, trellises and patios.
(f)
Sewage treatment facility, to be accessory to the planned development, serving only the uses prescribed in the WRPDD.
(5)
Dimensional regulations. Within the WRPDD, the following dimensional regulations shall apply:
(a)
The minimum front and rear yard building setback from all property lines shall be 50 feet. The minimum side yard setback, including accessory buildings and structures, shall be 25 feet.
(6)
Yield. The planned retirement community shall consist of 189 owner-occupied residential senior citizen housing units.
(7)
(8)
Specific development standards.
(b)
The Town Planning Board, in reviewing and approving a final site plan, shall ensure that the plan conforms to the requirements of the WRPDD.
(c)
The size of the housing units shall be limited to a maximum total gross floor area up to 2,400 square feet, ranging from one to three bedrooms, exclusive of basements, garages and attics, if any. Building construction and design shall reflect traditional hamlet architecture and avoid having all of the units looking the exactly the same. There shall be a minimum of four different models having at least two different color paint schemes.
(d)
The dwelling units shall be erected with noise attenuation materials.
(e)
The exterior of the dwelling units shall be constructed with Hardi-Plank or similar material.
(f)
The development shall conform to the provisions of the Americans with Disabilities Act (ADA), and the Fair Housing Act (FHA). The Planning Board shall, to the maximum extent practicable, ensure that construction of each dwelling unit will be done in a manner in which problems will be minimized with regard to meeting requirements for accessibility pursuant to the ADA for future renovations. The intent is to create an inclusive housing environment consistent with, but not limited to, ADA and FHA standards aimed at enabling all occupants and future occupants access regardless of age, size or abilities. The Planning Board shall assure that each dwelling unit will be designed with a keen sensitivity to provide a convenient, safe, and secure environment for both active seniors and physically challenged elderly persons. For example, each dwelling unit shall provide at least one bedroom and a bathroom on the first level of each unit, which shall be designed to allow for future renovations, if needed, to meet the requirements for accessibility pursuant to the ADA.
(g)
The planned retirement community shall be limited to persons who are 55 years of age or over, with the following exceptions:
[1]
A husband or wife under the age of 55 years who is residing with his or her spouse who is 55 years of age or older.
[2]
Children or grandchildren residing with their parents or grandparents where one of said parents or grandparents with whom the child or children or grandchild or grandchildren is/are residing is 55 years of age or older, provided that said child or children or grandchild or grandchildren is/are over the age of 19 years of age.
[3]
One adult under 55 years of age may be admitted to reside in the same housing unit as their relative who is 55 years of age or older if it is established to the satisfaction of the Town or its agent for the Town of Southampton that the presence of such person is essential for the physical care and economic support of the eligible older person(s).
(h)
The age restriction required herein shall be imposed by the adoption of this § 330-248H along with the filing of covenants and restrictions in the Office of the Suffolk County Clerk, prior to the submission of a building permit. The covenants and restrictions shall be in a form approved by the Town Attorney.
(i)
All certificates of occupancy issued for dwelling units which have been designated as senior market rate housing, or for senior moderate- or middle-income families shall be endorsed with a notation that occupancy of such units is conditioned upon continued compliance with the provisions of this chapter, Chapter 330, Zoning, and all regulations issued thereunder.
(j)
The owner of a dwelling shall not sublease any portion of their premises, as an absentee landlord or otherwise. Basements and garages, if included, shall not be used as sleeping quarters or accessory apartments. Said restriction shall be incorporated into covenants and restrictions to be filed with the Suffolk County Clerk prior to the issuance of a building permit.
(k)
Pursuant to § 330-244 of the Town Code, the applicant shall transfer 25 development rights or Pine Barrens Credits (PBCs) to the subject planned development district, prior to the issuance of the first certificate of occupancy. In the event that the developer does not transfer all or a portion of the required development rights or PBCs in accordance with Town Law § 261-a(2)(e), a payment to the Town in the amount of $20,000 per credit or development right shall be made in accordance with Town Law § 261-b(3)(h). This amount shall represent the fair market value of the required development rights or PBCs or the equivalent amount of land or interests therein, and shall be accepted by the Town. If cash is accepted in lieu of the transfer of development rights or PBCs, provisions shall be made for such sum to be deposited in a trust fund to be used by the Town Board exclusively for the acquisition of lands or interests therein for open space in association with the reduction of permitted residential density with the goal of natural resource protection, farmland preservation, groundwater protection, wildlife habitat protection or similar purposes within the boundaries of the Westhampton Beach School District.
(l)
Prior to the issuance of the first certificate of occupancy, the developer shall pay a park fee to the Town in the amount of $1,000 per residential unit, excluding housing units reserved for moderate- or middle-income households. All such payments shall be held by the Town in a special Park and Recreation Site Acquisition and Improvement Trust Fund to be used exclusively for the physical improvement and development of neighborhood parks and playgrounds that are located within the boundaries of the Westhampton Beach School District. This is done in accordance with a Town Board determination that the dedication of a specific parcel or parcels of land for parks and recreation space is not immediately feasible, and that an important community benefit is realized in the adequate provision of parks and recreation sites in the area, and that existing facilities are inadequate in the face of new development.
(m)
A clubhouse, swimming pool, tennis court(s), gatehouse and sewage treatment facility shall be provided on site to be administered and maintained by a homeowners'/condominium association.
(n)
A single neighborhood convenience shop will be provided on site, to be accessory to and serving residents of the planned residential development. Said use may either be located in a separate building located within the subject property or within the clubhouse facility, but in no case shall this use be located on a public street.
(o)
A formal landscape improvement plan for the entire site shall be submitted in conjunction with the final site plan. The landscape plan shall incorporate appropriate screening of building elevations, sewage treatment facility, maintenance buildings, off-street parking and interior delivery, service and trash facilities.
(p)
All landscaping within the fifty-two-acre portion of the Compatible Growth Area and the fourteen-acre portion located within the Core Preservation Area shall be maintained by a homeowners'/condominium association.
(q)
Site construction and restoration.
[1]
All construction shall occur within the Compatible Growth Area. Development within the Core Preservation Area as defined by the Central Pine Barrens Plan shall be prohibited.
[2]
The northern fourteen-acre area of the subject parcel that is located within the Core Preservation Area shall provide for the restoration of developed, damaged or degraded areas within this portion of the tract.
[3]
Core Preservation Area district boundary:
[a]
Beginning at a point at the northwest corner of the subject parcel, which said point is located the following two courses and distances easterly and northerly from the point of intersection of the easterly side of Evergreen Avenue and the northerly line of Old Country Road:
[i]
Easterly along the northerly side of Old Country Road 3049.01 feet to the point of intersection of the easterly line of lands now or formerly of the County of Suffolk (formerly of Frylink) with the northerly side of Old Country Road; and
[ii]
Northerly along the easterly line of said last mentioned lands, North 02 degrees 22 minutes 45 seconds West, 5358.76 feet to the southerly line of lands now or formerly of Frylink, the point of beginning;
[b]
Running thence easterly from the point of beginning along the southerly line of said lands now or formerly of Frylink and the County of Suffolk North 87 degrees 37 minutes 15 seconds East, 667.68 feet to lands now or formerly of Gallo;
[c]
Thence southerly along said last mentioned lands, South 01 degrees 51 minutes 10 seconds East, 932 feet more or less to the northerly side of the Pine Barrens Compatible Growth Area;
[d]
Thence westerly along the northerly side of the Pine Barrens Compatible Growth Area, South 87 degrees, 37 minutes 15 seconds West, 687.68 feet more or less to the easterly line of the aforementioned lands now or formerly of the County of Suffolk (formerly of Frylink);
[e]
Thence westerly along the northerly side of the Pine Barrens Compatible Growth Area, South 87 degrees, 37 minutes 15 seconds West, 687.68 feet more or less to the easterly line of the aforementioned lands now or formerly of the County of Suffolk (formerly of Frylink);
[4]
A conservation easement or dedication of the fourteen-and-two-tenths-acre portion of the site shall be granted to the Town of Southampton.
[5]
Prior to the issuance of a building permit, a restoration plan for the Core Preservation Area described herein shall be submitted for review and approval by the Director of Natural Resources, which should be site-specific, should use appropriate local native stock and materials, should model indigenous pine barrens plant communities, specifically pitch pine-oak-heath woodland, pitch pine-scrub oak barrens or pitch pine-oak forest, and should address demolition and removal of any and all structures and/or debris; site preparation, including regrading; any areas of native vegetation that shall not be disturbed; planting needs, including proposed native pine barrens species, planting stock type, plant height (average six-to-ten-inch-tall seedling height), sources of supply, planting spacing (1,200 seedlings per acre or six feet on-center), planting dates, and guaranteed survival of pine barrens vegetation; and provisions for watering, monitoring, maintenance, replacement of dead, dying or diseased planting stock, and performance and maintenance bonding. All work associated with the restoration of this area shall be completed prior to the issuance of a certificate of occupancy.
[6]
Multirecreational trails shall be permitted within the fourteen-acre portion of the parcel that is located within the Core Preservation Area.
[7]
Fertilized vegetation shall be limited to 15% of the site, including the acreage within the Core Preservation Area, unless an alternative landscape or revegetation plan is recommended by the Director of Natural Resources and approved by the Town Planning Board.
(r)
A minimum of three acres for open space, trails or park area shall be provided within the development.
(s)
A comprehensive and unified lighting, pedestrian access and circulation plan shall be submitted in conjunction with the site plan to be approved by the Planning Board. The plan shall incorporate streetscape improvements, including streetlights, street trees and internal trail improvements.
(t)
Off-site and internal vehicular access and circulation improvements, recommended by the August 24, 2001, traffic engineering analysis prepared by the H2M Group. Any and all improvements required for the senior citizen development shall be incorporated as part of the final site plan and constructed by the applicant. The Town Planning Board may require further traffic analysis in accordance with § 330-182A and 330-182B of the Town Code. The internal vehicular access and circulation improvements to be addressed by the final site plan shall include but not be limited to the following:
[1]
Access into the subject property and the adjacent property owned by Suffolk County.
[3]
The total number of parking spaces shall be calculated on at least 1.5 off-street parking spaces per housing unit. Each garage space shall count towards the total amount of required parking.
[4]
Off-street parking shall be provided adjacent to the clubhouse, pool and other recreational areas.
[5]
A second point of ingress/egress shall be provided for emergency purposes.
[6]
A fire emergency evacuation plan shall be developed.
(u)
The owner/operator shall provide a shuttle bus service for the sole use and enjoyment of the subject property residents.
(v)
Prior to the issuance of a certificate of occupancy, the developer shall transfer all development rights and Pine Barrens credits that can be credited for the portion of the subject property located within the Core Preservation Area to the Town of Southampton. Said development rights and credits shall be used by the Town for providing additional affordable housing opportunities.
(9)
Units reserved for income-eligible households.
(a)
Community benefit units. Nine dwelling units will be sold exclusively to moderate-income senior households and 10 units will be reserved for middle-income senior households and dispersed as shown on the approved site plan dated October 2, 2003. Any owner of a unit reserved for a moderate-income household or unit reserved for a middle-income household is required to occupy the premises as his/her primary residence. In the event the owner of a unit reserved for a moderate-income household or unit reserved for a middle-income household fails to occupy said premises as his/her primary residence, or in the event that he/she rents the premises or any part thereof to others, or contracts to convey to an absentee landlord or conveys same to an absentee landlord, or contracts to convey to an ineligible buyer, or conveys all or any part of the owner's interest in the unit to an ineligible buyer, all in violation of the restrictions of this paragraph, or should the owner be found in violation of any further covenants and restrictions anywhere in this section or recorded as part of the deed which shall run with the land then, in that event, a forfeiture and reversion of title of the unit shall result. The Town, its agents, agencies or employees herein shall have the right to re-enter the noncompliant unit reserved for a moderate-income household or unit reserved for a middle-income household and terminate the ownership hereby conveyed and, thereafter, the Town, its successors and/or assigns, shall hold the land and premises in fee simple absolute as if this conveyance had never been made. A certificate to the effect that title to the premises herein conveyed has reverted to the Town shall be recorded in the office of the Clerk of the County of Suffolk and/or Suffolk County Registrar. All certificates of occupancy issued for dwelling units which have been designated as a unit reserved for a moderate-income household or unit reserved for a middle-income household shall be endorsed with a notation as such and that the initial purchase, resale and transfers of such units is conditioned upon continued compliance with the provisions of this chapter, Chapter 330, Zoning, all regulations issued thereunder, and other covenants and restrictions pertaining to such unit.
(b)
Eligibility for moderate-income and/or middle-income housing.
[1]
The Town or its agent shall determine the eligibility of all purchasers of moderate-income and/or middle-income housing units in accordance with § 330-5 of the Southampton Town Code and any guidelines promulgated by the Town, its agents, agencies or boards. All applicants must be age 55 or older at the time of occupancy.
[2]
Asset guidelines.
[a]
The Town or its agent shall from time to time promulgate guidelines to examine the applicant's full economic situation, and extenuating circumstances, to determine if the applicant qualifies without assistance. If it is determined that, because of his/her assets, an applicant would be able to purchase a home without the assistance, and if no relevant extenuating circumstances exist, the applicant will be deemed ineligible for the program to which he/she applied.
[3]
A certificate of eligibility issued by the Town or its agent shall be required as a condition to purchase or transfer title to such community benefit units. No contract of sale shall be approved, nor shall any closing of title take place, or transfer of said real property occur without a certificate of eligibility first being issued by the Town or its agent.
(c)
Initial sales price.
[1]
The first offering of the community benefit units will be through a lottery coordinated with the Town, or the Town's agent. Notwithstanding the provisions of Chapter 216 of the Southampton Town Code at the effective date of this code amendment, initial sales prices shall be calculated as follows:
[a]
Initial sales price of community benefit unit reserved for moderate-income household shall be two times the annual household income of the lottery recipient with a certificate of eligibility or $142,200 for a maximum family size of four in a two-bedroom unit, whichever is greater.
[b]
Initial sales price of community benefit unit reserved for middle-income household shall be two times the annual household income of the lottery recipient with a certificate of eligibility or $195,470 for a maximum family size of four in a two-bedroom unit, whichever is greater.
[2]
"Extras" and "upgrades" may be purchased by lottery recipients through a separate contract of sale so as not to increase the initial sales price for the community benefit unit. In no case, however, shall parking spaces be considered as an "extra" or "upgrade."
[3]
In the event that a building permit has been issued for a community benefit unit, and the Town is unable to locate a qualified buyer for such unit, ready, willing and able to contract for the purchase of such dwelling within 180 days of written notice sent via certified mail by the seller to the Town, the seller shall have the right to sell such unit at market value in its normal course of business. If the Town notifies the seller in writing that it elects not to purchase the unit or is unable to locate a qualified buyer within the 180 days of receipt of seller's notice, the seller shall have the right upon written notification via certified mail from the Town to sell the unit at market value. Notice to either party shall be deemed given upon deposit of written notice addressed to the either party in a U.S. post office depository or at the time of deposit of the written notice addressed to the seller into the custody of an overnight delivery service. Upon closing of title, seller shall be entitled to retain from the purchase price the sum as calculated above (i.e., $142,200 or $195,470 plus "extras" and "upgrades") and the balance shall be payable to the Town Community Housing Opportunity Fund.
(d)
Local preference.
[1]
The Town or its agent shall determine from the list of applicants for the moderate- and/or middle-income households who have received certificates of eligibility as provided in Subsection H(9)(b) above ("eligible households"). To the extent permitted by federal and state funding programs, priority for households will be based upon the following:
(e)
Buyer benefit. At the time of initial purchase, the Town will obtain, at its own cost, an appraisal of each moderate- and/or middle-income unit to determine its fair market value. The difference between such appraised value and the purchase price shall be referred to as the "buyer benefit." The Town (grantor) will place a lien in the amount of the buyer benefit on the unit. All necessary duly executed documents shall be delivered at closing in accordance with guidelines developed by the Town, its agents, agencies and Boards and applicable banking regulations.
(g)
Resale requirements. The resale of each moderate- and/or middle-income unit shall be subject to the following conditions and procedures:
[1]
The seller of any such unit shall first give written notification via certified mail to the Town Clerk of its intention to sell. Such certified mail shall be addressed to the Town Clerk at 116 Hampton Road, Southampton, New York 11968 in order to be sufficient notice.
[2]
Thereafter, upon receipt of such written notification, the Town shall have a right of first refusal to purchase the unit, the procedures for which shall be established by the Town or its agents. Simultaneously, the Town or its agents will seek to provide a purchaser meeting the eligibility requirements of this section. Should the Town choose not to exercise its right, the seller will convey the property to the purchaser selected by the Town at a price the Town or its agents shall determine. If the Town notifies the seller in writing that it elects not to purchase the unit or is unable to locate a qualified buyer within the 90 days of receipt of seller's notice set forth in Subsection H(9)(g)[1] above, the seller shall have the right upon written notification via certified mail from the Town to sell the unit at market value in accordance with the criteria set forth in Subsection H(9)(g)[4] below. The ninety-day period set forth above shall commence on the first business day after the Town Clerk shall receive said notice. Notice to the seller shall be deemed given by the Town upon deposit of written notice addressed to the seller in a U.S. post office depository or at the time of deposit of the written notice addressed to the seller into the custody of an overnight delivery service.
[3]
In the event the Town or its agent notifies the seller as set forth in Subsection H(9)(g)[2] above in writing that it elects not to purchase the unit or if Town or its agent notifies the seller in writing that he/she is unable to locate a qualified buyer within the time period as outlined in Subsection H(9)(g)[2], the seller shall have the right to sell the unit at market value. Market value shall be determined as follows:
[a]
Two appraisals shall be ordered by the Town, but one appraisal shall be paid by the seller. The average of the two appraisals shall be the purchase price. The seller of the unit shall receive the purchase price minus the following: the buyer benefit lien and the Town's portion of the appreciation as modified by the seller's permanent improvements as set forth in Subsection H(9)(g)[5] below.
[4]
Any appreciation between a unit's market value at the time of purchase, which for purposes of this computation may be modified at the discretion of the Town or its agent, by the cost of any permanent improvements made by seller which are to be documented by the seller as adjusted by any changes in the consumer price index for "all items" for the New York Metropolitan area from the time such improvements were affixed to the unit, and its resale price shall be distributed as follows:
Appreciation Distribution Chart | ||
|---|---|---|
Year of Resale | Percentage to Owner | Percentage to Town |
1st to 5th | 25% | 75% |
6th or beyond | 50% | 50% |
[a]
Examples of resale in year three and ten to the Town and to an open market buyer might be as set forth below. This example is for illustrative purposes only.
Sale at Year 3 | |
|---|---|
Assumptions | |
Average appraisal value/current market value | $600,000 |
Original market value | $500,000 |
Original purchase price | $142,200 |
Buyer benefit ($500,000-142,200) | $357,800 |
Permanent improvements | $20,000 |
Market appreciation | $100,000 |
Appreciation ($100,000-$20,000) | $80,000 |
Purchase by Town | |
Purchase by open market buyer | |
Average appraised value/current market value | $600,000 |
Buyer benefit ($357,800) | $357,800 |
Town appreciation benefit (75% of $80,000) | $60,000 |
Town's proceeds ($357,800 +$60,000) | $417,800 |
Town's cost (seller's proceeds) | $182,200 |
Seller's Proceeds | $182,200 |
Sale at Year 10 | |
|---|---|
Assumptions | |
Average appraisal value/current market value | $675,000 |
Original market value | $500,000 |
Original purchase price | $142,200 |
Buyer benefit ($500,000-142,200) | $357,800 |
Permanent improvements | $20,000 |
Market appreciation | $175,000 |
Appreciation ($175,000-$20,000) | $155,000 |
Purchase by Town | |
Purchase by open market buyer | |
Average appraisal value/current market value (sales price) | $675,000 |
Town appreciation benefit (50% of $155,000) | $77,500 |
Buyer benefit | $357,800 |
Town appreciation benefit | $77,500 |
Town's proceeds ($357,800 + $77,500) | $435,300 |
Town's cost (seller's proceeds) | $239,700 |
Seller's proceeds | $239,700 |
[5]
In the event the owner of such community benefit unit is in default with respect to any obligation under any lien encumbering the affordable housing or community benefit unit, the Town of Southampton shall refer the owner to a third-party counseling organization or to a mortgage insurer which will advise the owner on ways to meet his/her mortgage obligation. The owner authorizes the Town of Southampton to release information to such third-party counseling organization or mortgage insurer and requests that the counseling party make contact with such owner. The owner authorizes the third-party counseling organization or mortgage insurer to make a recommendation about appropriate action to take with regard to the owner's mortgage loan which may assist the lender in determining whether to restructure the loan or to offer other extraordinary services that could preserve the owner's home ownership.
[6]
The conditions and procedures required to resell the dwelling units reserved for income-eligible households shall not apply in the following three instances. For all further and subsequent transfers of title the resale restriction shall apply.
[a]
When title is transferred by a court-appointed referee to a commercial bank, savings and loan association, credit union, savings bank, national bank, licensed funding company, licensed mortgage banker or the State of New York Mortgage Agency, its successors and or assigns (hereinafter referred to as “institutional lenders”), pursuant to the actual foreclosure of its mortgage lien or when the delivery of the deed is directly to such mortgagee by the defaulting mortgagor given in lieu of foreclosure; or
[b]
When title is subsequently transferred by said foreclosing institutional lender to a third party; or
[c]
When title is conveyed to a party by virtue of a deed issued by a referee naming it as the grantee pursuant to the foreclosure of a mortgage loan given by an institutional lender described in the preceding subsection.
(h)
In the event a unit shall have depreciated in value as a result of market conditions or catastrophic loss, the buyer benefit lien and the Town appreciation benefit may be adjusted by the Town Board in its discretion.
(i)
All funds received by the Town pursuant to the provisions of this section shall be retained in a separate account and expended only for the purposes of providing community benefit units in such manner as shall be determined by the Town Board.
I.
Hampton Bays South Mixed Planned Development District (HBSMUPD).
(1)
Purpose and objectives. The Hampton Bays South Mixed Planned Development District has been structured to accomplish the findings, purpose and long-term goals established by the Town Board as part of Article XXVI, Planned Development District, of the Zoning Law. The Hampton Bays South Mixed Planned Development District also supports implementation of the Town's Comprehensive Plan and the Hampton Bays Center Strategy, particularly the overall vision, goals, findings, policies, recommended actions for hamlet centers and specific land use, design and development strategies for Hampton Bays. Specific Comprehensive Plan and Zoning Law objectives achieved by the Hampton Bays South Mixed Planned Development District are as follows:
(a)
Intensifies development in the traditional hamlet center, including redevelopment and in-fill development of property developed more than 50 years ago for commercial and industrial use.
(b)
Allows a mixed-use development of a variety of scales, in connection with the preservation of the existing residential and historic scale of development with the provision of access and design improvements.
(c)
Promotes mixed use redevelopment of the property on the south side of the railroad tracks, just east of Ponquogue Avenue, compatible with the commercial uses to the north and west, including the Hampton Bays Town Center MUPD and the residential uses to the south and east, including a mix of retail with apartments above and office uses on the northwesterly portion of the property, warehouse and contractor uses on the northeasterly portion of the property and five single-family residences on the southerly portion of the property.
(d)
Maintains the underlying housing density of the Office District Zone and maintains sewage flow rates consistent with Article VI of the Suffolk County Sanitary Code.
(e)
Provides landscaping treatment along the railroad to buffer its impact on adjoining residential properties to the south.
(f)
Eliminates the preexisting, nonconforming industrial uses, associated with the former wholesale and retail lumber business and promotes the rehabilitation, reconstruction or elimination of the existing buildings that have deteriorated and become substandard to existing Building and Fire Codes.
(g)
Reduces traffic congestion by limiting the uses on the property with significantly lower traffic generation potential than the existing commercial-industrial uses or the uses permitted as a right under the current OD zoning.
(h)
Improves pedestrian and traffic flow and safety by eliminating the flow of commercial and industrial traffic directly onto Fanning Avenue, a residential street.
(i)
Maintains access to an existing railroad siding.
(2)
District boundary. The Hampton Bays South Mixed Planned Development District shall consist of the parcel designated as Suffolk County Tax Map No. 0900-263-4-1; as further shown and described in the application of Relyea French, LC, as amended, and the conceptual Sketch Map For Property of Relyea French, LC, prepared by Jacob Buchheit, L.S., of Dolliver Associates Land Surveyors, last dated February 10, 2003, and more particularly described as follows: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Hampton Bays, Town of Southampton, County of Suffolk and State of New York, bounded and described as follows:
(a)
Beginning at a point on the easterly side of Ponquogue Avenue, distant 169.92 feet northerly from the corner formed by the intersection of the easterly side of Ponquogue Avenue and the northerly side of Fanning Avenue;
(b)
Running thence, along the northerly side of Ponquogue Avenue, North 13º 18' 50" West, 133.10 feet;
(c)
Running thence North 77º 50’ 10" East, 550.00 feet;
(d)
Running thence North 13º 18’ 50" West, 22.00 feet;
(e)
Running thence North 77º 50’ 10" East, 334.69 feet to a concrete monument;
(f)
Running thence South 10º 32’ 10" East, 139.47 feet to a concrete monument;
(g)
Running thence South 89º 40’ 00" West, along land now or formerly of Mae M. Iandiorio, a distance of 202.53 feet to a concrete monument;
(h)
Running thence South 09º 41’ 30" East, along lands now or formerly of Mae M. Iandiorio, a distance of 347.74 feet to the northerly side of Fanning Avenue;
(i)
Running thence, along the northerly side of Fanning Avenue, South 88º 09’ 20" West, 320.84 feet to a concrete monument;
(j)
Running thence, along land now or formerly of Lawrence H. Huke, North 06º 45' 25" West, a distance of 233.40 feet to a concrete monument;
(k)
Running thence, along land now or formerly of Lawrence H. Huke and land now or formerly of John J. and Violet Desch, South 77º 53' 55" West, a distance of 370.75 feet to a concrete monument set on the easterly side of Ponquogue Avenue, the point or place of beginning.
(3)
Conditions for subdivision. The property shall be subdivided into no more than six parcels consistent with the conceptual Sketch Map for Property of Relyea French, LC, prepared by Jacob Buchheit, L.S., of Dolliver Associates Land Surveyors, last dated February 10, 2003, subject to the following:
(a)
There shall be up to five lots residential lots, each permitting the construction of one single-family dwelling and customary accessory uses and structures as may be permitted in the R-20 District as set forth on the Table of Use Regulations in § 330-10 of this chapter.
(b)
The five residential lots shall each have a minimum of 15,000 square feet of lot area, and all other dimensional regulations of the OD Zone as set forth in the Table of Dimensional Regulations in § 330-34 of this chapter shall apply, except that width of the flag strips may be reduced from 20 feet to a minimum of 10 feet and each lot shall maintain a minimum thirty-foot principal building setback from the common access driveway. As provided in § 330-84D of this chapter, the pyramid law restrictions shall not apply to the five residential lots.
(c)
Access to/from each of the five residential lots shall be via a single, common access point and common access driveway leading onto Fanning Avenue. Said common access driveway shall be built in accordance with Planning Board specifications.
(d)
A minimum twenty-five-foot-wide vegetative buffer area shall be maintained along Fanning Avenue. The existing trees shall be retained within this area. A six-foot-high stockade or similar screen fencing may be erected along the westerly boundary of the residential lots along the commercial lands now or formerly Lawrence H. Huke.
(e)
The area and dimensions of the nonresidential lot shall be as depicted on the conceptual Sketch Map for Property of Relyea French, LC, prepared by Jacob Buchheit, L.S., of Dolliver Associates Land Surveyors, last dated February 10, 2003.
(f)
The subdivision application shall be reviewed by the Planning Board under the procedures set forth under Chapter 292, Subdivision of Land, of the Town Code of the Town of Southampton.
(g)
Site plan. A revised site plan consistent with the conceptual Sketch Map for Property of Relyea French, LC, prepared by Jacob Buchheit, L.S., of Dolliver Associates Land Surveyors, last dated February 10, 2003, and in accordance with the conditions herein, shall be submitted to the Town Planning Board for review, refinement and approval pursuant to §§ 330-182 through 330-184.1.
(h)
Use of existing and proposed buildings as shown on the conceptual Sketch Map for Property of Relyea French, LC, prepared by Jacob Buchheit, L.S., of Dolliver Associates Land Surveyors, last dated February 10, 2003 shall be as follows:
[1]
Proposed Building No. 1 shall be one story and shall not have a building footprint greater than 4,200 square feet and may be used for retail or office uses permitted in the Village Business (VB) District as set forth in the Business Table of Use Regulations in § 330-34 of this chapter.
[2]
Proposed Building No. 2 shall be one story and shall not have a building footprint greater than 2,000 square feet and may be used for warehouse uses.
[3]
Existing Building No. 3 consisting of approximately 4,212 square feet shall be renovated and reconstructed, without expansion or increase in the building footprint, and may be used as offices, shops and storage for building and special trade contractor uses, provided these uses have no outdoor storage or display of equipment, goods or materials other than the employee and customer parking.
[4]
Proposed Building No. 4 shall be one story and shall not have a building footprint greater than 3,200 square feet and may be used for offices, shops and storage for building and special trade contractor uses, provided these uses have no outdoor storage or display of equipment, goods or materials other than the employee and customer parking.
[5]
Existing Building No. 5 consisting of approximately 7,987 square feet of floor area in two stories may be renovated and reconstructed, without expansion or increase in the building footprint. The first floor may be used for retail or office uses permitted in the Village Business (VB) District as set forth in the Business Table of Use Regulations in § 330-34 of this chapter. The approximately one-thousand-eight-hundred-square-foot second floor shall be used for up to three accessory apartments with a minimum of 600 square feet per apartment.
(i)
All new buildings shall meet current New York State Building and Fire Codes. The renovation and rehabilitation of existing Building Nos. 3 and 5 shall meet current New York State Fire and Building Code to the maximum extent practicable. Existing Building No. 3 may continue to be occupied and used for special trade contractor office, shop.
(j)
Sewage disposal and water supply. The method of sewage disposal shall be reviewed and approved by the Suffolk County Department of Health Services. Public water mains shall be used for water supply and fire protection.
(k)
Curb cut and traffic improvements. The existing curb cut entrance/exit onto Ponquogue Avenue may be modified to improve off-site and internal vehicular access and circulation. Vehicular access and circulation improvements to be addressed by the final site plan shall include identification of existing traffic control devices, markings and patterns from the intersection of Fanning Avenue and Ponquogue Avenue to the traffic signal on the north side of the LIRR at Good Ground Road. The Planning Board may require appropriate modifications to pavement markings, including turn lanes, pedestrian crosswalks and other similar strategies to improve turning movements at the existing access point onto Ponquogue Avenue. There shall be no entrance or exit from the nonresidential lot to Fanning Avenue, except that the Planning Board may consider, with the advice and recommendation of the Hampton Bays Fire District and Southampton Town Department of Fire Prevention, appropriate emergency access to the nonresidential lot from Fanning Avenue.
(l)
Landscaping. A formal landscape plan shall be submitted with the final site plan. The landscape plan shall be consistent with the Hampton Bays Hamlet Center Strategy Plan. The landscape plans shall provide for streetscape improvements along Ponquogue Avenue, including street trees where appropriate, and heavy screen plantings along the northerly property line of the proposed residential lots. A six-foot stockade fence or similar screen fencing shall be erected and maintained along the northerly property line of the proposed residential lots.
(m)
Lighting. A comprehensive lighting plan shall be submitted with the final site plan. Where appropriate, lighting fixtures similar to those erected in connection with the Hampton Bays Town Center may be required along Ponquogue Avenue.
(n)
Of the three residential apartments, one unit shall be for moderate-income households that qualify for assistance pursuant to the Federal Housing and Urban Development (HUD) guidelines. Of the five single-family house lots, one lot shall be for moderate-income households that qualify for assistance pursuant to the Federal Housing and Urban Development (HUD) guidelines. The control and administration of occupancy of these housing units shall be consistent with the regulations and standards set forth in Chapter 216 of the Town Code of the Town of Southampton.
J.
Whitecap Farm Agricultural Planned Development District.
(1)
Purpose and objectives. The Whitecap Farm Agricultural PDD has been structured to accomplish the finding and purpose established by the Town Board as part of Article XXVI, Planned Development District, of Chapter 330 of the Town Code. This Agricultural PDD also supports the implementation of the Town's Comprehensive Plan, 1999 Vision Goals for Agriculture and the subsequent Agricultural Opportunities Subdivision Generic Environmental Impact Statement. Specific objectives achieved by this Agricultural PDD are as follows:
(a)
To encourage the protection of farming and the business of farming in the Town of Southampton.
(b)
To emphasis the importance of agriculture as both a vital local economic base and as a land form that provides the Town of Southampton with much of its rural, rustic character and scenic beauty.
(c)
Provide the landowner of this Agricultural PDD (herein know as "landowner") with another mechanism to access his equity in the land by providing him with development rights that can be immediately transferred or extinguished to facilitate preservation of farmland without having to subdivide his property.
(d)
To enhance the Town's support of farming.
(e)
To facilitate the farming of this parcel for a minimum of 10 years and reduce suburban sprawl.
(f)
To allow the Town Board to have the opportunity to make a fair market offer of this parcel's development rights or fee title prior to any proposed non-farming residential development of this property.
(g)
To maintain active farming that is adjacent to other active farmland, thereby contributing to a vital concentration of active farming within the Town of Southampton.
(h)
To promote the preservation of 17.44 acres as a separate parcel that shall be available for agricultural production through the implementation of this Agricultural PDD, whereas no subdivision provisions or open space provisions of the current Town Code would ensure this preservation as a separate parcel.
(i)
To encourage the preservation of at least 80% of the remaining farmland within the Town of Southampton by encouraging this landowner to preserve at least 80% of this parcel for agricultural production.
(2)
District boundary. The Whitecap Agricultural PDD shall consist of a 34.322-acre portion of a parcel designated as SCTM No. 900-116-1-1917.5 situate in Mecox and defined as metes and bounds description as follows: Description of all that certain plot, piece or parcel of land situate, lying, and being in Mecox, Town of Southampton, County of Suffolk, and State of New York being part of Lot 3 as shown on the Subdivision Map of John L. Halsey (filed in the Suffolk County Clerk's office on October 24, 2000, as File No. 10514), said parcel being more particularly bounded and described as follows: Beginning at the northeasterly corner of the parcel about to be described, said point being situate North 70º 40' 17" West, 301.13 feet from the intersection of the westerly side of Horsemill Lane with the southerly side of Mecox Road and running thence from said point or place of beginning along Lot 2 shown on aforesaid Subdivision Map of John L. Halsey the following two courses and distances: (1) South 40º 16' 13" West, 498.98 feet to a point; South 49º 43' 47" East, 281.24 feet to a point on the westerly side of Horsemill Lane; thence along said westerly side of Horsemill Lane the following two courses and distances: (1) South 40º 16' 13" West, 833.18 feet to a point; South 37º 30' 03" West, 637.95 feet to a point and lands now or formerly of John L. Halsey & Evelyn S. Halsey; thence North 51º 02' 57" West along last mentioned lands, 1,042.93 feet to a point and lands now or formerly of County of Suffolk; thence along last mentioned lands the following two courses and distances: North 31º 21' 00" East, 384.02 feet to a point; North 44º 20' 46" East, 41.19 feet to a point and the Agricultural Reserve Area shown on the Subdivision Map of Wheaton Estates on Mecox Bay (filed in the Suffolk County Clerk's office on December 16, 1981 as File No. 7038); thence through lands now or formerly of John L. Halsey the following three courses and distances: (1) South 63º 33' 54" East, 67.93 feet; (2) South 50º 56' 40" East, 259.28 feet; North 33º 10' 53" East, 1,069.69 feet to a point and lands now or formerly of Michael A. Weber & Nancy H. Weber; thence along Lot 1 shown on aforementioned Subdivision Map of John L. Halsey the following two courses and distances: South 47º 12' 27" East, 211.69 feet to a point; North 40º 16' 13" East, 491.36 feet to a point on the southerly side of Mecox Road; thence along said southerly side of Mecox Road the following two courses and distances: (1) South 46º 08' 07" East, 312.13 feet to a point; South 70º 40' 17" East, 76.07 feet to a point; said point being at the point or place of beginning and comprising an area of 34.322 acres be the same more or less (excluding 9.89 acres of an agricultural reserve easement area shown on the aforementioned Subdivision Map of Wheaton Estates on Mecox Bay).
(3)
Permitted uses. The use and development of the agricultural easement area will be conducted according to the time periods defined within this easement, and this area shall be restricted to some or all of the following:
(a)
Consistent with bona fide agricultural production as defined in § 301 of the New York Agriculture and Markets Law, and as § 301 may be amended.
(b)
Open and fallow (provided, however, that the agricultural easement area shall be mowed on an annual basis to prevent successional field growth.)
(c)
Conservation opportunities subdivision that reduces density by a minimum of 50% and preserves at least 80% of the parcel and is developed according to Town Code § 292-6.1, Conservation opportunities subdivision review procedures.
(d)
The landowner may replace, improve, renovate and repair existing agricultural building(s) and any existing residential residence that existed at the time of the creation of the Agricultural PDD zoning classification. After this zone change, the landowner shall have the ability to construct new agricultural buildings including housing for agricultural labor that is consistent with New York State Agriculture and Markets Law § 301.
(4)
Development rights certificate. The Town shall provide the landowner with a Development rights certificate the next business day after the Town has filed this easement with the Suffolk County Clerk.
(a)
The number of credits that have been calculated pursuant to Chapter 244 of the Town Code of the Town of Southampton for this real property is based on the following zoning calculations: The property is within the R-80 District. According to Southampton Town Code § 244-2B, the development yield factor for an R-80 Zone is 0.55. This Agricultural PDD consists of 34.322 acres. By multiplying 0.55 by 34.322, acres this results in 18.88 development credits. Section 244-2B requires that fractional allocation of a development credit shall be rounded to the nearest one-hundredth ( 1/100 or 0.01) of a credit. Therefore, the development rights certificate shall have 18.88 development credits for this Agricultural PDD.
(b)
The Agricultural PDD requires a 50% open space set aside should a clustered subdivision be approved after the termination of the Agricultural PDD easement. The open space set aside shall be encumbered with an agricultural easement, and this area shall be a separate and distinct parcel from those that are to be residentially developed (excluding housing for agricultural labor related to the farming of the open space parcel.) This open space set aside does not have to be defined until all of the development rights are transferred or extinguished. The landowner may increase this open space set aside.
(c)
The Town shall file this Agricultural PDD easement within five business days of the execution of this easement and provide proof of filing with the landowner. These development rights may be immediately sold and transferred, or extinguished. These development rights may not be used for development on site unless they are part of a conservation opportunities subdivision, or until a minimum of ten years have passed since the effective date of the establishment of this Agricultural PDD zone and this easement has been terminated.
(5)
Sale of development rights. The Town intends to facilitate the preservation of up to 80% of the Agricultural PDD area through voluntary measures with the landowner. One mechanism to achieve this 80% goal is to purchase development rights (also known as development credits when sold or transferred). It is, therefore, the intent of the Town to purchase additional development credits on 30% of the Agricultural PDD area to add to the required 50% open space set aside as defined herein. In order to encourage the landowner to sell individual development rights (credits) to the Town over time, the acreage to be preserved for each development credit sold shall be calculated as follows
(a)
There are 18.88 development rights available to construct 18 residential units within the Agricultural PDD area. The fractional credit does not equal one residential unit.
(b)
Fifty percent of the Agricultural PDD area to be preserved in a clustered subdivision equals 17.16 acres (one half of 34.32 acres).
(c)
Twenty percent of the Agricultural PDD area to be set aside for development equals 6.86 acres.
(d)
Thirty percent of the Agricultural PDD area from which development rights may be sold or transferred equals 10.3 acres.
(e)
The acreage preserved with the sale or transfer of a development right shall be calculated as follows: The last credit to be sold or transferred shall remain on up to 20% of the Agricultural PDD area. The remaining 17.88 credits shall be divided into 30% of the parcel. Therefore, each credit when sold or transferred shall preserve 0.58 acres. For example, if the landowner sells or transfers 15.88 development credits, there will be 9.21 acres preserved plus 17.16 acres for a total of 26.37 acres protected. The remaining two credits multiplied by 0.58 acres plus 6.86 acres equals 8.02 acres for the placement of three residential units upon the termination of the Agricultural PDD easement
(6)
Negotiation procedures for acquisition during the easement period. During the term of the Agricultural PDD easement, the landowner may seek an offer from the Town for purchase of one or more of the development rights or fee title, subject to the following procedures
(a)
Submission of a letter of interest and request for an appraisal to the Town Clerk.
(b)
The appraisal conducted by a certified appraiser for the Town shall be based on the yield and open space set asides defined in the Agricultural PDD or the highest and best use of the property.
(c)
The Town shall make an offer within 120 days of the landowner's request.
(d)
The landowner has the option to accept or refuse the offer without any violation of the conditions of the Agricultural PDD easement.
(7)
Agricultural PDD term. The term of the Agricultural PDD shall be for a minimum of 10 years, and it shall remain in effect so long as the landowner utilizes the property for a use consistent with the terms of this easement. The landowner may submit a subdivision application and develop the property as a conservation opportunities subdivision without waiting a minimum of ten years after the Agricultural PDD has been approved. During the application process, the Agricultural PDD shall remain in effect.
(8)
Early termination. The landowner of this Agricultural PDD (hereinafter "landowner") may petition the Town Board for termination of this Agricultural PDD easement and rezoning of the property during the initial ten-year period after the PDD is granted, but not until after the PDD has been in effect for five years. The Town Board may, in its discretion, grant such a petition after a public hearing upon a finding of undue hardship or catastrophic economic loss. This landowner may also request development, consistent with the restrictions set forth in the PDD. The Town Board may, at its own discretion, grant such a request.
(9)
Procedures for termination of this agricultural PDD easement. At the conclusion of the ten-year period defined in the Agricultural PDD, the landowner may at any time submit a written notice to the office of the Town Clerk of his intentions to terminate this Agricultural PDD easement. Without such notification, the Agricultural PDD easement shall continue to be in force in accordance with the terms of the Agricultural PDD. Upon such notification, the Town shall have 150 days to exercise an option to purchase the development rights or fee title for all or part of the parcel prior to the termination of the Agricultural PDD easement. The Town shall make an offer on the basis of the fair market value of the property in accordance with the zoning and cluster regulations defined in this easement less any development rights sold or transferred during the term of the easement. If agreement on the sales price is not reached between the Town and the landowner within 30 days of the offer or such additional time as may be agreed upon by mutual consent of the parties, the landowner may develop the property in accordance with the Agricultural PDD and the zoning and cluster regulations defined in the Agricultural PDD easement. The landowner shall have three years to submit an application to the Planning Board in accordance with the Agricultural PDD and the zoning and cluster regulations defined in the Agricultural PDD easement. This three-year limitation can be extended by a resolution of the Town Board. If the landowner fails to request an extension to file a subdivision application, the Agricultural PDD zoning shall expire and the related easement shall terminate.
K.
Sebonack Mixed-Use Planned Development District (SMUPDD).
(1)
Purpose and objectives. The Sebonack Mixed-Use Planned Development District (SMUPDD) has been structured to accomplish the findings, purpose and long-term goals established by the Town Board as part of Article XXVI, Planned Development District, of the Town of Southampton Zoning Law. The SMUPDD also supports implementation of the Town's Comprehensive Plan and the Peconic Estuary Plan, particularly the overall vision, goals, findings, policies, recommended actions for natural resource protection, economic redevelopment, recreation and open space planning, and specific land use, design and development strategies for new golf courses. The SMUPDD provides substantial community benefits and amenities. Specific Comprehensive Plan and Zoning Law objectives achieved by the SMUPDD are as follows:
(a)
The SMUPDD will preserve and conserve open space, natural resources, diverse ecological communities, species diversity, and groundwater quality and quantity. The organic golf course use is a low-density use that is aesthetically pleasing and environmentally sound. The plan preserves open space, including approximately 289 acres in undeveloped lands and wildlife habitat. Of this 289 acres, 95 acres will be preserved in its natural state, while up to an additional 94 acres, including the previously disturbed or improved areas in the "out of play" areas, will be restored and invasive species eliminated and replanted with native vegetation. The balance of the 289 acres is approximately 100 acres devoted to the active recreation open space area of the golf course. New impervious surfaces and structures incidental to the primary golf course will cover approximately nine acres or 3% of the property. All wetlands, bluffs and other environmentally significant features will be preserved and all development will meet or exceed the required regulatory setbacks. Specifically, all state and Town wetland standards, including the Town's one-hundred-foot buffer and one-hundred-twenty-five-foot structural setback, have been met or exceeded. In fact, more than 90% of the property within 300 feet of any wetlands is free of structures. There is the positive effect on groundwater quality through the elimination of both of the existing nonconforming uses and the potential for 65 individual septic systems incidental to a large subdivision.
(b)
The SMUPDD will establish and maintain open space and open space corridors for active and passive uses. The donation to the Town of the one-acre of land adjoining Cold Spring Road on the Main Parcel and the three-acre Bay Parcel will allow the Town to enhance the existing means of public access to Peconic Bay for active and passive uses as it sees fit for the benefit of the Town's residents. The donation of the fifty-four-acre Cold Spring Pond Conservation parcel to the Town Trustees will maintain an environmentally and visually sensitive open space corridor along Cold Spring Pond, guarantee its protection in perpetuity and permit public access subject to the state and Town's regulatory oversight. The properties adjoining the Main Parcel are the private golf courses of the National Golf Links of America, the Shinnecock Hills Golf Club and the Southampton Golf Club. Thus, this proposal completes the Town's overall open-space corridor for the area and is compatible with the neighboring uses. The proposed project will, in fact, greatly alleviate the burden on the land by removing the current legal nonconforming uses and restoring the site with an organic golf course and open space utilizing indigenous trees and plants.
(c)
The SMUPDD will allow the creation of a golf course that meets or exceeds the recently published Suffolk County Protocol for the establishment, maintenance and operation of organic golf courses. This protocol is one of the first governmental standards in the country for the construction and operation of an organic golf course. To meet these standards, the applicant and its engineering experts have designed a unique closed system for the golf greens in order to prevent fertilizers from entering into the groundwater or surface water runoff. As described in the FEIS, the anticipated amount of nitrogen loading to the groundwater and surrounding water bodies will be significantly lower than the thresholds set forth in the Peconic Estuary Plan and all other water quality standards adopted by the state, county and Town. In addition, the course will be managed using an organic-based Integrated Turf Health Management program ("ITHM"). The applicant's organic management efforts, including the ITHM, are described in detail in the FEIS and will be incorporated as a condition of the approval of the SMUPDD. The applicant also intends to restore the "out of play" areas using native species of trees, shrubs, plants and other vegetation which are not dependent upon fertilizers to flourish. The SMUPDD will require a detailed landscape and revegetation plan to be submitted with the site plan.
(d)
The SMUPDD further requires that the applicant to enroll the project in the Audubon International Signature Program. This is an environmental education and assistance program created by Audubon International to help property owners follow sustainable resource management principles integrating wildlife conservation, habitat restoration and enhancement, and water conservation and quality protection. In accordance with the Audubon program, the applicant will prepare and submit a Natural Resources Management Plan for the property, which Audubon will review and approve as a part of the certification process. When certified, the proposed golf course will be one of the few courses in the country to achieve this prestigious designation. The SMUPDD will allow the creation of a golf course that meets or exceeds the Audubon International Signature Program standards. In particular, the proposed golf course with five acres devoted to the lined greens will not exceed Audubon's one-hundred-acre limitation on the amount of managed turf.
(e)
The SMUPDD can be a means for research and education in organic golf course technology, and for demonstrating the viability of such technology. It is likely that this project will be the first in the region to use the organic-based ITHM methodologies. As described in the FEIS, a grant will be funded by the applicant so that the Cornell Cooperative Extension of Suffolk County or other independent party can monitor and document the progress and success of the organic technology and protocols. This research can then be published and applied to new and, hopefully, existing turf-based projects, including athletic fields as well as golf courses. The grant component also provides opportunities for research and demonstration projects for the enhancement and restoration of the property's wetlands. The applicant intends that the proposed golf course will be an active working laboratory for the testing of, and demonstration of the viability of, organic management technologies.
(f)
The SMUPDD provides an economically viable adaptive reuse of the property in such a way that is consistent with the visions, objectives and goals of the Town's Comprehensive Plan to encourage recreational amenities that capitalize on the Town's resort, second-home and tourist-based economy.
(g)
The SMUPDD encourages the preservation of a quality of place in community, which fosters the sharing of amenities and the utilization of local services. The properties adjoining the Main Parcel are the private golf courses of the National Golf Links of America, the Shinnecock Hills Golf Club and the Southampton Golf Club. This proposal completes the Town's overall open-space corridor for the area and is compatible with the neighboring uses. The proposed project will, in fact, greatly alleviate the burden on the land by removing the current legal nonconforming uses and restoring the site with an organic golf course and open space utilizing indigenous trees and plants. Elimination of the existing legal, nonconforming uses, including over 175,000 square feet of nonconforming buildings and structures provides the opportunity through site design to increase setback from environmentally sensitive features, including the bluffs and wetland areas on the subject property. The donation of the Cold Spring Pond Conservation Parcel to the Town Trustees, and the donation of the three-acre Bay Parcel and the approximately 1.25-acre portion of the Main Parcel adjacent to the east side of the northerly terminus of Cold Spring Road to the Town further enhances parks and recreation and open space conservation and the opportunity for public access and enjoyment of the subject property. Also, the planned dedication of a paved road to the Cold Spring Point Homeowners' Association will allow the association to formalize the maintenance of its road network and the security of the entrance to the community.
(h)
The SMUPDD eliminates excessive and inefficient infrastructure by first removing the approximately 175,000 square feet of existing nonconforming structures and associated infrastructure on the site, including the building that was converted to and used as a convention center (a.k.a Bayberry manor house). Many of the existing structures are not well maintained and have suffered significant deterioration, and do not meet current building and fire code standards. The applicant has noted that demolition of the existing structures does not significantly impact any officially designated cultural or historic resources; however, the New York State Office of Parks, Recreation and Historic Preservation ("OPRHP") affirmed in an October 1, 2003, letter made part of the record on the DEIS and FEIS that it is "equivocal" with regard to whether or not the Bayberry manor house is eligible for listing on the National and State Registers, which term means "unclear, ambivalent" and therefore OPRHP has taken the position that it "cannot confirm or deny" the historic significance of the manor house and will support a local determination by the Town of Southampton as part of the balancing required under the State Environmental Quality Review Act (SEQRA). As documented in the FEIS and by the New York State OPRHP, the deterioration and lack of maintenance, as well as the many alterations made to the convention center building, have diminished and compromised the qualities and characteristics that might have made the building architecturally significant. In addition, the once noteworthy landscape gardens have been significantly compromised. Several structures and improvements also adversely impact sensitive environmental features, including bluffs. The applicant has made a case, and the Town Board finds, that removal of all of these structures and improvements and restoration of the lands in an environmentally sensitive manner and new construction to conform to the design for the proposed eighteen-hole championship golf course will be cost-prohibitive. The plan made part of the record for this zone change incorporates a site plan design which utilizes impact avoidance techniques for potential archeologically sensitive areas and other potential cultural resources and substantial restoration and protection of environmentally sensitive areas, including preservation of lands for parks, recreation and open space conservation, including over 289 acres in undeveloped lands and wildlife habitat; thereby affording substantial community benefits. As set forth in the FEIS, the findings of OPRHP, as well as an economic analysis of the adaptive reuse of the buildings as referenced in the findings statement of the Town Board as lead agency under SEQRA, the impact of the proposed demolition has been considered and it has been determined that preservation of the convention center building is not practical. However, in consideration of local interests related to the demolition of the building, and the associated loss of marginal historic resources as termed by OPRHP, the SMUPDD shall incorporate reasonable measures, including the preparation of a photographic archive, in consultation with a historic preservation specialist and at the applicant's expense, of the existing buildings and structures in excess of 75 years of age on the property, consistent with the professional standards indicated in the New York State Cultural Resource Management Handbook; donation and reuse of salvageable architectural elements from the interior of the convention center building (a.k.a Bayberry manor house) to the Town and/or other interested parties, and the donation of funds to the Town of Southampton for use in preserving cultural, historic and architectural resources in the Town. The SMUPDD also avoids the development of a 65-home subdivision and associated infrastructure, including roads, drainage systems, utility lines and other residential service facilities that would create numerous impervious surfaces that would contribute to runoff and erosion and other environmental impacts. Moreover, the 65 individual septic systems would add tremendously to nitrogen loading, with the potential negative impacts on groundwater and adjacent surface waters.
(i)
The SMUPDD will further local interests related to the Town's cultural and historic resources with the measures offered by the applicant, including the preparation of a photographic archive of the existing buildings and structures on the property, donation of salvageable architectural elements from the interior of the convention center building to the Town and other interested parties, and donation of funds to the Town of Southampton for use in preserving cultural, historic and architectural resources in the Town.
(j)
The SMUPDD encourages the most efficient and purposeful use of all remaining vacant land. As analyzed and demonstrated in the FEIS prepared for the project, among the numerous alternate uses, the proposed organic golf course minimizes potential impacts on the environment and is far superior to the development of the property for 65 individual home sites.
(k)
The SMUPDD provides a positive fiscal and economic impact on the Town, including a positive impact on the tax base of the Tuckahoe School District, and avoidance of potential increase in school enrollment associated with residential home construction. The golf course use negates any potential impact on enrollment in the Tuckahoe School District, which has already seen its student body grow significantly in recent years. The alternative of a sixty-five-house subdivision, consistent with current zoning, has the potential to increase enrollment in the district by more than 30 students. That, together with other factors that are increasing enrollment, might force the district to expand its facilities or relocate elsewhere, with negative impacts on local property taxes and existing open space. The SMUPDD will provide enhanced educational opportunities related to Southampton College's long-term lease to establish an environmental and marine research facility on the one-acre portion of the Cold Spring Pond Conservation Parcel, as well as coordination with high school golf teams from school districts from the Town of Southampton for practice, matches, and to receive professional golf instruction.
(l)
The SMUPDD does not require any public funding. The preservation of 289 acres of open space and the construction of one of the first golf courses in the United States to utilize the organic protocol will come at no cost to the taxpayers of the Town of Southampton and will be funded entirely by the applicant.
(m)
The SMUPDD will further local interests related to expansion of public recreation resources of the Town with the applicant's donation of funds to the Town's special Park and Recreation Site Acquisition and Improvement Trust Fund, including public access improvements to the approximately 1.25-acre parcel to be donated to the Town, known as the "Bay Beach Park Parcel," and establishment of public access improvements on the Cold Spring Pond Conservation Parcel to be dedicated to the Town Trustees.
(n)
The SMUPDD promotes the game of golf and permits limited public access to the private golf course. The applicant shall submit a Limited Public Access Plan, which shall incorporate making the facility available to local charitable organizations for five golf outings each year. The applicant has agreed to make the facility available to local charitable organizations for five golf outings each year. Additionally, the applicant has agreed to make the facility available to high school golf teams from school districts from the Town of Southampton for practice, matches, and to receive professional golf instruction.
(o)
The SMUPDD will promote the use of transfer of development rights for affordable housing or other beneficial use in the Tuckahoe School District, whereby the applicant shall convey as many of the residential development rights available (leaving enough rights to permit the construction of the marine field station) from the fifty-four-acre Cold Spring Pond Conservation Parcel to the Town of Southampton.
(p)
The SMUPDD should enhance property values of the residents of the hamlets of Tuckahoe and Shinnecock Hills as well as the surrounding villages and hamlets.
(2)
District boundary. The SMUPDD shall consist of four parcels owned by the applicant, Sebonac Neck Property, LLC, located on the northwesterly side of Sebonac Road, easterly side of Cold Spring Pond, easterly and westerly sides of Cold Spring Pond Road, southeasterly side of Peconic Bay, in the hamlets of Tuckahoe and Shinnecock Hills, shown and designated as SCTM Nos. 0900-127-1-1, 2, 3 and 4; totaling approximately 298 acres, as further shown and described in the application of Sebonac Neck Property, LLC, and accompanying Survey Map, prepared by Squires Holden Weisenbacher & Smith, Land Surveyors, dated April 16, 2002.
(3)
Permitted uses within the SMUPDD. The following uses as shown on the Master Site Plan for the Bayberry Project prepared by Greenman-Pedersen, Inc., last dated January 30, 2004, shall be permitted, subject to compliance with the standards and conditions set forth in this § 330-248K and all other applicable laws, rules and regulations:
(a)
Private membership golf club with eighteen-hole championship-length golf course.
(b)
Customary accessory uses to a private membership golf course, including but not limited to a clubhouse, pro shop, practice area, cart storage, parking areas, maintenance buildings with management offices, laboratory, equipment repair facility and storage areas for maintenance equipment and supplies, fuel storage facilities, irrigation facilities, including manmade ponds, and employee housing.
(c)
One single-family dwelling for use by the owner of the property or manager and customary accessory structures, including a carriage house.
(d)
Fifteen golf cottages to provide overnight accommodations. Such golf cottages shall not be constructed on "single and separate" parcels, shall be owned and operated solely by the club, shall not be separately transferable, and shall not be available for rental to the general public. Each golf cottage shall contain no more than four bedrooms and shall not contain any cooking facilities.
(e)
On the Cold Spring Pond Conservation Parcel, a marine and environmental research facility/field station to be operated by Southampton College, or other similar educational institution or not-for-profit conservation organization, with associated accessory uses and structures, including but not limited to parking areas, interpretive walkways and other educational related uses. No upland boat storage shall be permitted on Cold Spring Pond Conservation Parcel. Any change to the aforementioned educational use shall require amendment to this provision by the Town Board.
(4)
Dimensional regulations. Within the SMUPDD, the bulk, area, height and dimensional regulations established for the underlying Residence R-120 Zone shall apply, except that the dimensional requirements for the buildings, structures and accessory uses for the golf course and the marine field station shall be consistent with the dimensions shown on the Master Site Plan for the Bayberry Project prepared by Greenman-Pedersen, Inc., last dated January 30, 2004. The proposed clubhouse is authorized to have a building height of 47 feet measured from the finished grade at the main entry to the highest point of the roof and a cupola height of 62 feet measured from the finished grade at the main entry to the top of the cupola. The proposed owner's residence may have a building height of 36 feet measured from finished grade to the highest point of the roof. Cupolas or other similar architectural features shall not be subject to the height restrictions of the Zoning Code of the Town of Southampton. Notwithstanding any provision in this chapter to the contrary, the Planning Board may, through the site plan review process, further modify the standards required herein, provided that no significant adverse environmental impact to the surrounding property will occur and the goals of this section are achieved. Nothing in this chapter shall preclude the future alteration, reconstruction, enlargement or expansion of the buildings or structures erected on the premises, provided that no such changes, either singly or in the aggregate, increase the footprint by greater than 25%, the aforementioned height limitations are adhered to, there is no change in the approved use, site plan approval is obtained, and all other zoning regulations not expressly modified herein are complied with.
(5)
Conditions for demolition permit and site restoration on the Main Parcel prior to site plan review. Notwithstanding the provisions § 330-245A, the applicant shall be entitled to commence demolition of the existing buildings and structures prior to site plan review and approval, provided the following conditions are adhered to and a building permit for the demolition is obtained.
(a)
Prior to the issuance of a building permit for the demolition for the buildings and structures on the property, a demolition and site restoration plan, identifying the schedule for demolition and the procedure for disposal of any hazardous materials encountered on the property, shall be submitted to the Town Planning and Development Administrator, who shall refer such plan to the Town Board for review and recommendations.
(b)
The demolition and site restoration plan shall be limited to the areas containing improvements proposed for demolition, and site restoration shall be limited to said specific areas. The demolition and site restoration plan shall also incorporate a historic preservation agreement which implements the goals and intent of documenting the existing historic structures, as well as preserving significant elements of said structures. Said agreement shall be executed by the applicant, the Town Department of the Land Management, and a third-party historic preservation specialist designated by the Town Board, whose services shall be paid at the applicant's expense. Such agreement shall be in a form approved by the Town Attorney. Under said agreement, the third-party historic preservation specialist shall act as an independent consultant under the direction of the Town Planning and Development Administrator and shall be responsible for conducting the following activities:
[1]
Prepare a photographic archive of the existing buildings and structures on the property which are in excess of 75 years. Such photographic archive shall be substantially consistent with data retrieval protocol under the professional standards contained with the New York State Cultural Resources Management Handbook.
[2]
Inspection of all existing building and structures to identify salvageable historical elements.
[3]
In coordination with the applicant, determine the schedule and procedure for salvaging the identified items and demolition of the buildings and structures.
[4]
Prepare a report outlining the findings of the above-referenced activity, which shall be submitted to the Town Planning and Development Administrator and Town Board and the applicant prior to the issuance of a building permit for the demolition of any buildings and structures.
(c)
The Building Inspector shall not issue a demolition permit for any buildings and structures until such time as the Town Planning and Development Administrator has received the Town Board's resolution and recommendations concerning the Demolition and Site Restoration Plan, considered the aforementioned report of the historic preservation specialist and has issued a letter of permission to the applicant advising approval for submission of application for demolition permit(s). The Town Planning and Development Administrator shall have the authority under this § 330-248K to impose special conditions on the demolition permit(s), which shall be annotated in the letter of permission and attached to the demolition permit(s). A violation of a special condition imposed on a demolition permit issued in advance of site plan approval under § 330-248K(5) shall be considered a violation of site plan condition and this § 330-248K.
(d)
The applicant shall make reasonable efforts to reuse and recycle architectural elements of the existing convention center building. The items to be reused shall be identified in the demolition plan or depicted on the site plan. Any artifacts which the applicant has not chosen to retain for display or incorporate into the new structures shall be offered for donation to the Town or other not-for-profit museum or educational institution.
(e)
The front entrance gate and border wall at the access road onto Sebonac Road shall be retained and, if necessary, restored, except that the name and letters in the overhead sign may be changed. The interior on-site gateway and lamppost pillars shall be relocated and restored to another on-site location, such as the proposed clubhouse entrance path. These items shall be depicted on the site plan.
(f)
Any artifacts found on the site during demolition, cleanup, and site preparation for golf course construction shall be handled in strict conformity with the professional standards of the New York State Cultural Resources Management Handbook. The Town Planning and Development Administrator shall be notified immediately of any archeological find. Failure to notify the Town Planning and Development Administrator shall be considered a violation of site plan condition and this § 330-248K. Any artifacts, which the applicant has not chosen to retain for display or incorporate into the new structures shall be offered for donation to the Town or other not-for-profit museum or educational institution.
(6)
Conditions for private golf course on the Main Parcel.
(a)
Site plan. A detailed site plan substantially consistent with the revised golf course routing plan with the specific building locations as depicted on the Master Site Plan for the Bayberry Project prepared by Greenman-Pedersen, Inc., last dated January 16, 2004, and in accordance with the conditions herein, shall be submitted to the Planning Board for review, refinement and approval pursuant to § 330-243B and §§ 330-181 through § 330-184.1 of this chapter. In addition to the submission requirements set forth in § 330-183, the site plan application shall include the following documents:
[1]
Soil erosion and sediment control plan.
[2]
Site clearing, grading and drainage plans.
[3]
Submission of a revised grassing, revegetation and native plant restoration plans.
[4]
Submission of necessary application forms and fees for purpose of concurrent review site plan and processing of Town wetland permit.
[5]
Limited public access plan.
(b)
Architecture. The architecture of the proposed buildings, including but not limited to the clubhouse, maintenance facility, employee housing, and golf cottages, shall be substantially consistent with the architectural renderings prepared by Hart-Howerton, Planning, Architecture and Landscape Architecture, P.C., set forth in the FEIS. Architectural elevations and/or structural details shall be submitted with the site plan application for all proposed buildings and structures. The proposed buildings may contain one or two stories and shall have individual building footprints and total floor areas (excluding exterior porches, decks and patios) consistent with the following:
Building | Footprint (square feet) | Total Floor Area |
|---|---|---|
Clubhouse | 14,000 | 35,410 (incl. basement) |
Golf cottages (one-story) | 2,300 | 2,300 |
Golf cottages (two-story) | 1,640 | 2,600 |
Maintenance | 13,000 | 15,500 |
Staff quarters | 5,000 | 9,640 |
Equipment washdown | 2,000 | 2,000 |
Bulk storage | 1,000 | 1,000 |
Owner's residence | 5,000 | 7,500 |
Accessory carriage house | 1,000 | 1,800 |
All other accessory buildings | 1,000 | 1,000 |
(c)
Sewage disposal and water supply. The method of sewage disposal shall be reviewed and approved by the Suffolk County Department of Health Services. Public water mains shall be used for irrigation, drinking water supply and fire protection for the buildings. Adequate water supply for fire protection shall be determined by the Southampton Fire District. The golf course may also utilize wells for backup irrigation purposes. The applicant shall enter into a contract to complete the 4,200 linear feet of water line along Sebonac Road for purposes of completing a water line loop from Sebonac Inlet Road to Cold Spring Road, as recommended by the Town Planning Board and the Southampton Fire District.
(d)
A Natural Resources Management Plan ("NRMP") setting forth the procedures for implementation of the revised golf course routing plan and organic protocol as set forth in the FEIS, including the construction schedule, the clearing and grading procedures, soil testing, revegetation and native plant restoration, and the Integrated Turf Health Maintenance Plan shall be submitted with the site plan application. To facilitate the preparation of the organic golf course and the native plant restoration of the disturbed and "out-of-play" areas during the late summer and fall planting season, the Planning Board, upon the advice and recommendation of the Town Director of Natural Resources, may authorize clearing of the site consistent with said NRMP prior to approval of the overall site plan. The Planning Board may require such agreements, covenants and/or performance/maintenance bonds to guarantee compliance with the NRMP. Such agreements, Declaration of Covenants and/or bond shall be in a form approved by the Town Attorney and, where applicable, be recorded in the office of the Suffolk County Clerk prior to the issuance of a certificate of occupancy for the golf course.
(e)
Vegetation. A detailed clearing, revegetation and native plant restoration plan implementing the revised golf course routing plan as set forth in the FEIS shall be submitted with the site plan application. To facilitate the preparation of the organic golf course and native plant restoration of the disturbed and out-of-play areas during the late summer and fall planting season, the Planning Board, upon the advice and recommendation of the Town Director of Natural Resources, may authorize clearing of the site consistent with said plans prior to approval of the overall site plan. The site plan shall delineate the natural areas to be protected, including wetland areas with one-hundred-foot natural buffer areas and one-hundred-twenty-five-foot structural setback and the bluff area with a twenty-five-foot natural buffer area to all managed turf and one-hundred-foot structural setback. To assure protection of the natural resources on the Main Parcel, including the wetlands and bluffs, the applicant shall establish such natural buffers and setbacks in a declaration of covenants in a form approved by the Town Attorney, which shall be recorded in the office of the Suffolk County Clerk prior to the issuance of a certificate of occupancy for the golf course.
(f)
A groundwater monitoring agreement that implements the groundwater monitoring program shall be executed between the applicant, the Town of Southampton and a third-party consultant designated by resolution of the Town Board, which agreement shall be submitted prior to the construction of the golf course. The applicant shall be responsible for the cost of such monitoring. Such agreement shall be in a form approved by the Town Attorney and, if applicable, be recorded in the office of the Suffolk County Clerk prior to the issuance of a certificate of occupancy for the golf course. Remediation procedures shall be formalized during site plan review process, as recommended by Planning Board. All costs for this review shall be borne by the applicant. Monitoring commitments shall be outlined as project commitments as part of the site plan conditions, and any remediation necessary shall be borne by the responsible party/property owner.
(g)
The golf course shall apply for and obtain signature program certification from Audubon International, and a copy of such application shall be submitted to the Town's Planning and Development Administrator within one year of the issuance of a certificate of occupancy for all golf course facilities required for such certification. Once obtained, Audubon signature program certification shall be maintained so long as the property is used as a golf course and Audubon International or any successor organization issues such certifications. The golf course operator shall annually deliver to the Town's Planning and Development Administrator or his designee a copy of all environmental audits or reports and the then-current certifications issued by Audubon International. To guarantee compliance with this condition, the applicant shall submit a declaration of covenants in a form approved by the Town Attorney and record such declaration of covenants in the office of the Suffolk County Clerk prior to the issuance of a certificate of occupancy for the golf course.
(h)
Prior to the issuance of a certificate of occupancy for the golf course, the applicant shall provide proof of dedication of the fifty-four-acre Cold Spring Pond Conservation Parcel to Board of Trustees of the Freeholders and Commonalty of the Town of Southampton ("Town Trustees") for park, recreation and open space purposes, which conveyance shall be subject to a long-term lease to Southampton College over an approximately one-acre portion to allow Southampton College to establish a field station for marine and environmental research. A copy of the deed and lease shall be submitted to the Town Attorney prior to its execution and recording to ensure its compliance with the provisions herein. Subject to future amendments to the Town Code establishing a development rights certificate program applicable to the property, prior to the conveyance to the Town Trustees, the applicants shall convey as many of the residential development rights available (leaving enough rights to permit the construction of the marine field station) from the fifty-four-acre Cold Spring Pond Conservation Parcel to the Town of Southampton, which development rights may thereafter be transferred or used for affordable housing or other beneficial use in the Tuckahoe School District.
(i)
Prior to the issuance of a certificate of occupancy for the golf course, the applicant shall provide proof satisfactory to the Town Attorney of the dedication of the three-acre Bay Parcel, which includes 1,000 feet of frontage on Peconic Bay, to the Town of Southampton for park, recreation and open space purposes.
(j)
Prior to the issuance of a certificate of occupancy for the golf course, the applicant shall provide proof of the dedication of the approximately 1.25-acre portion of the Main Parcel adjacent to Cold Spring Road to the Town of Southampton for park, recreation and open space purposes.
(k)
Prior to the issuance of a certificate of occupancy for the golf course, the applicant shall provide proof satisfactory to the Town Attorney of the dedication of the existing right-of-way/roadbed to the Cold Spring Point Homeowners' Association.
(l)
Prior to the issuance of a certificate of occupancy for the golf course, the applicant shall pay $500,000 to the Town of Southampton, which shall be deposited in the Town's Special Park and Recreation Site Acquisition and Improvement Trust Fund for the purpose of acquisition of land or interests therein, or the improvement of park and recreation facilities.
(m)
Prior to the issuance of a certificate of occupancy for the golf course, the applicant shall pay $500,000 to the Town of Southampton, which shall be deposited in a Special Agency and Trust account of the Town for the purpose of acquisition of land or interests therein, or the improvement, restoration or preservation of cultural, historic and architectural resources in the Town.
(n)
The applicant shall have a limited public access plan approved by the Planning Board, which shall incorporate, as a minimum, making the facility available to local charitable organizations for five golf outings each year. Additionally, the plan shall provide details as to the manner in which the facility will be made available to the high school golf teams from school districts from the Town of Southampton for golf team practices and matches, and to receive professional golf instruction. To guarantee compliance with this condition the applicant shall submit a declaration of covenants in a form approved by the Town Attorney and record such declaration of covenants in the office of the Suffolk County Clerk prior to the issuance of a certificate of occupancy for the golf course.
(o)
Notwithstanding the provisions of § 330-244H and any other provision of this chapter to the contrary, there shall be no limitation on the time periods in which an application for building permit and/or certificate of occupancy must be submitted and approved for each of the individual buildings approved by the Planning Board. The applicant, for example, may choose to phase in over several years, the construction of the residence for the owner/manager or the golf cottages. The golf course, however, may not operate without the completion of the Natural Resource Management Center.
(7)
Conditions for a marine field station on the Cold Spring Pond Conservation Parcel.
(a)
Site plan. In the event Southampton College or its successor determines to construct a marine field station on the Cold Spring Pond Conservation Parcel, a revised site plan consistent with the plan depicted on the conceptual Master Site Plan for the Bayberry Project prepared by Greenman-Pedersen, Inc., last dated January 30, 2004, and in accordance with the conditions herein, shall be submitted to the Planning Board for review, refinement and approval pursuant to § 330-243B and §§ 330-181 through § 330-184.1 of this chapter. In addition to the submission requirements set forth in § 330-183, the site plan application shall include the following documents:
(b)
There shall be no upland storage of boats on Cold Spring Pond Conservation Parcel.
(c)
Notwithstanding the provisions of § 330-244H and any other provision of this chapter to the contrary, there shall be no limitation on the time periods in which a site plan must be submitted and approved by the Planning Board for a marine field station on the Cold Spring Pond Conservation Parcel.
L.
North Sea Mixed-Use Planned Development District (NSMUPDD).
(1)
Purpose and objectives. The North Sea Mixed-Use Planned Development District (NSMUPDD) is structured to accomplish the findings, purpose and long-term goals established by the Town Board as part of Article XXVI, Planned Development District, of the Town Code. The NSMUPDD supports implementation of the 1999 Town of Southampton Comprehensive Plan Update. The primary intent of the NSMUPDD is to provide an economically viable and beneficial re-use of the subject property, and to provide a means to eliminate a nonconforming use, and reestablish a beneficial compatible use consistent with the goals of the 1970 Town Master Plan and the 1999 Comprehensive Plan Update. In recognition of the rising cost of housing and population growth, particularly in school-age children and senior citizens, the proposed action to rezone the subject parcel to a Mixed-Use Planned Development District is intended as a means to provide land at no cost to the school district taxpayers for construction of a new institutional facility for the Southampton School District allowing for an increase in the capacity of local schools and efficiency in use of public services and resource. In addition, the NSMUPDD provides the additional community benefit as a mixed-income multi-unit housing development demonstrating a more creative, desirable and aesthetic design that shall facilitate the development of desirable and affordable housing opportunities in a manner that is beneficial, compatible and harmonious with the surrounding land uses. The proposed action would facilitate the elimination of a public nuisance use and thereby integrate the surrounding public open space and public resources with quality housing types not currently available in the community. The proposed housing will provide greater housing diversity and an affordable housing component, consistent with Town planning efforts. Establishment of the NSMUPDD will also support implementation of the overall goals and recommended actions identified in the Town's Comprehensive Plan by attaining the following objectives:
(a)
Promote an efficient and purposeful use of vacant and previously disturbed land.
(b)
Create a planned residential community providing housing that meets the social and economic needs of the residents of the hamlet of North Sea.
(c)
Provide efficient and viable land use to support the identified need to expand the Southampton Union Free School District.
(d)
Eliminate a preexisting nonconforming use and associated public nuisances.
(e)
Establish innovative land use and zoning standards.
(f)
Development of communities wherein, collectively, the mix of uses, aesthetically, physically, socially and economically, encourages the creation and/or preservation of a sense of place, pride and values.
(g)
Reduce the cost of governmental and other public services.
(h)
Provide an appropriate transition zone between adjacent Town open space and residential uses.
(i)
Enhance property values in the Hamlet of North Sea and the surrounding area.
(j)
Encourage comprehensive and innovative planning and design of the highest quality, utilizing and incorporating a variety of land uses.
(k)
Prevent or minimize land use incompatibilities and conflicts among different land uses.
(2)
District boundary. The North Sea Mixed-Use Planned Development District shall consist of parcels designated as Suffolk County Tax Map Nos. 0900-98-1-5.1 and 0900-98-1-6 comprising approximately 17.77 acres located on the east side of Majors Path, approximately 1,869 feet north of Edge of Woods Road in North Sea, Town of Southampton, Suffolk County, New York, as shown on the plan entitled "North Sea Mixed Use Planned Development District Residential Component - Concept Plan, prepared by the Town of Southampton, Department of Land Management, dated January 14, 2004," and more particularly described as all that certain plot, piece or parcel of land situate, lying and being in the Town of Southampton, County of Suffolk and State of New York, bounded and described as follows:
(a)
Boundary description.
[1]
Beginning at a point on the easterly side of Majors Path, which said point is located approximately 1,969 feet northerly along the easterly side of Majors Path from its intersection with the northerly side of Edge of Woods Road; and
[2]
Running thence along the easterly side of Majors Path the following seven courses and distances:
[a]
North 28 degrees 14 minutes 20 seconds West, 129.59 feet;
[b]
North 12 degrees 56 minutes 40 seconds West, 89.94 feet;
[c]
North 01 degrees 36 minutes 40 seconds West, 209.03 feet;
[d]
North 13 degrees 07 minutes 30 seconds West, 257.95 feet;
[e]
North 04 degrees 39 minutes 40 seconds West, 151.20 feet;
[f]
North 07 degrees 43 minutes 20 seconds West, 245.98 feet;
[g]
North 02 degrees 50 minutes 50 seconds West, 71.83 feet;
[3]
Thence along said mentioned lands to the following seven courses and distances:
[a]
North 89 degrees 34 minutes 15 seconds East, 236.27 feet;
[b]
North 86 degrees 03 minutes 34 seconds East, 469.13 feet;
[c]
North 85 degrees 15 minutes 47 seconds East, 492.24 feet;
[d]
South 01 degrees 20 minutes 44 seconds West, 365.00 feet;
[e]
South 88 degrees 44 minutes 30 seconds West, 606.24 feet;
[f]
South 02 degrees 33 minutes 50 seconds West, 840.94 feet;
[g]
North 87 degrees 26 minutes 10 seconds West, 348.11 feet to the point or place of beginning and containing within said bounds: 17.77 acres.
(3)
Conditions.
(a)
An application for subdivision of the parcel into two lots must be submitted to the Town Planning Board for review and approval pursuant to Chapter 292 of the Town Code of the Town of Southampton. The subdivision of the parcel shall be two lots, hereafter known as "Parcel A" and "Parcel B," bounded and described as follows:
[1]
Parcel A (SCTM No. District 0900 - Section 098 - Block 01 - Lot 5.1) boundary description:
[a]
Beginning at a point on the easterly side of Majors Path, which said point is located approximately 2,806 feet northerly along the easterly side of Majors Path from its intersection with the northerly side of Edge of Woods Road; and
[c]
Thence along said last-mentioned lands the following five courses:
[i]
North 89 degrees 34 minutes 15 seconds East, 236.27 feet;
[ii]
North 86 degrees 03 minutes 34 seconds East, 469.13 feet;
[iii]
North 85 degrees 15 minutes 47 seconds East, 492.24 feet;
[iv]
South 01 degrees 20 minutes 44 seconds West, 365.00 feet;
[v]
South 88 degrees 44 minutes 30 seconds West, 1,149.93 feet, to the point or place of beginning, containing in said bounds: 8.97 acres.
[2]
Parcel B (SCTM No. District 0900 - Section 098 - Block 01 - Lot 6) boundary description:
[a]
Beginning at a point on the easterly side of Majors Path, which said point is located approximately 1,969 feet northerly along the easterly side of Majors Path from its intersection with the northerly side of Edge of Woods Road; and
[b]
Running thence along the easterly side of Majors Path the following five courses and distances:
[i]
North 28 degrees 14 minutes 20 seconds West, 129.59 feet;
[ii]
North 12 degrees 56 minutes 40 seconds West, 89.94 feet;
[iii]
North 01 degrees 36 minutes 40 seconds West, 209.03 feet;
[iv]
North 13 degrees 07 minutes 30 seconds West, 257.95 feet;
[v]
North 04 degrees 39 minutes 40 seconds West, 151.20 feet;
[c]
Thence along said last-mentioned lands the following three courses:
(b)
As a requirement of this § 330-248L permitting a zone change, Parcel A shall be donated to Southampton Union Free School District. Prior to offering a deed of dedication of 8.97 acres (Parcel A) to said school district, the applicant shall file a declaration of covenants on such property, approved in form by the Town Attorney, prohibiting the use of the land as a bus maintenance facility and a bus storage yard. Finally, Southampton School District is encouraged to dedicate an eventual access road to its new facility to be called "Kuchtuk Way."
(c)
Permitted uses within the NSMUPDD may include the following uses only, subject to compliance with all applicable laws, rules and regulations:
[1]
Permitted uses within Parcel A:
[a]
Public school operated or licensed by the New York State Education Department.
[2]
Permitted uses within Parcel B:
[a]
Multifamily dwellings, single-family townhouses, duplexes, attached condominiums, zero-lot-line residences and other multiple dwellings in a single building.
[b]
Sewage treatment facility to be accessory to this planned development, serving only the uses defined within Parcel B.
[c]
Fences, arbors, trellis and patios.
[d]
Outdoor accessory uses for residents and their guests and customarily incidental to the primary use are permitted as follows:
(d)
At least six of the dwelling units in Parcel B shall be set aside for moderate-income households as that term is defined in Chapter 216 of the Town Code. At least eight of the dwelling units in Parcel B shall be set aside for middle-income households as that term is defined in Chapter 216 of the Town Code . Said 14 units are collectively referred to as "community benefit units" as defined in Chapter 216 of the Town Code. Within the middle-income category there shall be at least two units set aside for households earning no more than 100% of the HUD median family/household income for the Nassau-Suffolk County region. Moreover, within the middle-income category there shall be at least two units set aside for households earning no more than 110% of the HUD median family/household income for the Nassau-Suffolk County region. Finally, there shall be a minimum of four units set aside for households earning no more than 120% of the HUD median family/household income for the Nassau-Suffolk County region.
[1]
Notwithstanding § 330-5 and Chapter 216 of the Town Code of the Town of Southampton pertaining to the maximum initial sales price of community benefit units, following the adoption of this § 330-248L, the following schedule of maximum initial sales prices are authorized for the first offering of said units:
[a]
No less than six units for moderate-income families earning up to 80% of the HUD median family/household income for Nassau-Suffolk region: $185,000.
[b]
No less than two units for middle-income families earning up to 100% of the HUD median family/household income for Nassau-Suffolk region: $262,500.
[c]
No less than two units for middle-income families earning up to 110% of the HUD median family/household income for Nassau-Suffolk region: $295,000.
[d]
Up to four units for middle-income families earning up to 120% of the HUD median family/household income for Nassau-Suffolk region: $325,000.
[2]
These sales prices for the units may be adjusted only if there is an increase in the consumer price index for housing. The developer shall pursue available subsidies to reduce the cost to the initial purchasers of the community benefit units.
(4)
Dimensional regulations. The following dimensional regulations shall apply to lands within the NSMUPDD:
(a)
Lot area, minimum: eight acres.
(b)
Maximum lot coverage by main and accessory buildings: 20%.
(f)
Buffer yard:
[1]
A street buffer yard of 80 feet formed by a combination of natural vegetation and augmented with revegetated native landscaping shall be established and maintained along a property line fronting Majors Path with the exception of the required site access locations.
[2]
A buffer yard of 40 feet consisting of natural vegetation and revegetated native landscaping shall be provided along the northern property line with the multifamily residential use.
[3]
The Town Planning Board may increase or decrease the depth of a required buffer yard based upon findings that such an increase or decrease is warranted as a result of an analysis of existing on-site or off-site uses or dimensional conditions pertaining to the subject property or adjoining properties.
(5)
Yield. The number of dwelling units located within Parcel B shall be no more than 50 units. The size of the housing units shall be limited to a maximum total gross floor area up to 2,000 square feet and a minimum of 900 square feet, ranging from two to three bedrooms, exclusive of basements, garages, and attics, if any.
(7)
Specific development standards.
(b)
The Town Planning Board, in reviewing and approving a final site plan, shall ensure that the plan conforms to the requirements of the NSMUPDD.
(c)
Architecture and design.
[1]
Dwelling units shall be coherently designed to include shared functional open space, off-street parking, and consistent landscaping. The layout and design submitted for site plan review shall be based on the plan entitled "North Sea Mixed Use Planned Development District Residential Component - Concept Plan, prepared by the Town of Southampton, Department of Land Management, dated January 14, 2004."
[2]
Building construction and design shall reflect the traditional hamlet architecture with consideration to the special character of Southampton as a rural and resort community. In the choice of exterior finish, care shall be taken to avoid the appearance of a development in which all units appear exactly the same. Exterior facades of dwelling units shall be designed to avoid blank walls through the use of building modulation, changes in materials, windows, and/or other design features. Architectural design shall be based on the plans entitled "Majors Path Concept, Southampton, NY, dated January 13, 2004."
[3]
Requirements. Buildings shall have a common design theme that provides variety and character within a project. Walls and roofs shall include separations, changes in plane and height, and architectural elements such as balconies, porches, dormers, and cross-gables. Techniques for complying with this requirement include, but are not limited to:
[a]
Facade modulation: stepping back or extending forward a portion of the facade for each interval;
[b]
Articulating each interval with architectural elements like a porch, balcony, bay window, and/or covered entry;
[c]
Articulating the roof line by stepping the roof and by emphasizing dormers, chimneys, or gables; and
[d]
Providing a ground or wall-mounted fixture, a trellis, a tree, or other site feature within each interval.
[4]
The primary material of the exterior of dwelling units shall be constructed with Hardi-Plank or similar material, or with brick, stone, or cedar shingles to complement the building facade. Vinyl or metal siding shall be prohibited, with the exception of facia and soffits which shall be compatible with or complement the character of surrounding and similar trim. Building construction buildings. Techniques for complying with this requirement include, but are not limited to:
[5]
Orientation. Each house type shall be oriented toward the internal street, with primary entrances, porches facing the internal roadway.
[6]
The buildings shall be designed to orient to internal roadways and to provide pedestrian and vehicular connections to existing neighborhoods. Techniques for complying with this requirement include, but are not limited to:
[a]
Using a modified street grid system where most buildings in a project front on the internal roadway.
[b]
Locating parking areas behind or under buildings and accessing such parking from alley-type driveways. If driveway access from streets is necessary, minimum-width driveways meeting the fire code standards should be used.
[c]
Alleys may be utilized to provide access to parking facilities located in the rear or side yards. Alleys serve an important role in neighborhoods. They enable properties to have an unencumbered public front towards the internal roadway by eliminating the need for driveways. Alleys create an ordered, pedestrian-scaled front to a property by placing service and maintenance functions in less visible locations. Alleys shall be a minimum of 20 feet wide, paved at least 15 feet wide with a surface suitable to accommodate the weight of fire protection equipment, and shall be set back from any structure or property line a minimum of five feet.
[d]
Providing each building with direct pedestrian access from the main internal roadway fronting the buildings and from the back where the parking is located.
[7]
The development shall conform to the provisions of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) and Chapter 123 of the Southampton Town Code. The Planning Board shall, to the maximum extent practicable, ensure that construction of each dwelling unit will be done in a manner in which problems will be minimized with regard to meeting requirements for accessibility under ADA for future renovations. The intent is to create an inclusive housing environment consistent with, but not limited to, ADA and FHA standards aimed at enabling access by all occupants and future occupants regardless of age, size or abilities. The Planning Board shall assure that each dwelling unit will be designed with sensitivity to a convenient, safe, and secure environment for both active and physically challenged persons.
(8)
Open space. A minimum of 40% of the site shall remain as permanent open space. Structures, parking lot areas, or spaces of 10 feet or less between buildings shall not be included in the calculation of the common open space area. To encourage the use of alleys, up to 30% of the total area used for alleys can count towards a maximum of 5% of the open space requirements. The open space plan shall be subject to Planning Board approval as to location, design, and adequacy. One type of open space is for a community garden: a series or grouping of plots of land that neighborhood residents may use or lease for the purposes of growing flowers or edible produce. Rights-of-way within public alleys may count towards the open space requirements for the neighborhood. Other options for open space that can be considered are:
(a)
Woodlands: an area dominated by trees and understory vegetation in a mostly natural state.
(b)
Meadow; grasslands: fields planted in herbaceous vegetation, such as wildflowers, that only requires mowing once a year to maintain.
(c)
Conservation greenway; wildlife corridor: a naturally landscaped buffer or corridor that shields, separates or borders different uses; could also include the protection of existing hedgerows and linear habitat for wildlife native to the area.
(d)
Multifunctional/stormwater management facilities: a naturally vegetated area, typically linear to correspond with the site's drainage patterns, whose main purpose is to absorb and infiltrate stormwater runoff. A secondary purpose and benefit may be the provision of wildlife habitat.
(e)
Arboreta: space designed for the preservation and display of plant materials.
(9)
Recreation areas. Except as provided below, recreation areas shall be designed, improved and maintained for the exclusive use of the residents of such development and their nonpaying guests. The recreation area shall contain at least 75 square feet of lot area per dwelling unit, but in no case less than 50 square feet per bedroom. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development and the anticipated occupancy of the units. In addition, each individual multifamily dwelling unit shall, if practicable, be provided with a private outdoor space in the form of a patio, terrace, garden, courtyard, deck or balcony, which space shall be immediately adjoining and directly accessible to the dwelling unit which it serves.
(10)
A sewage treatment facility shall be provided on site to be administered and maintained by a homeowners'/condominium association.
(11)
Landscaping. A formal landscape improvement plan for the entire site shall be submitted in conjunction with the final site plan. The landscape plan shall incorporate appropriate screening of building elevations, sewage treatment facility, maintenance buildings, off-street parking and interior delivery, service and trash facilities. The landscape plan may employ one or more of the following treatments: preserve and protect natural vegetation; introduce native vegetation; installation of screen fencing or walls. No more than 15% of the NSMUPDD shall be comprised of fertilizer-dependent vegetation.
(12)
Lighting. Exterior illumination of building entrances, recreation areas, parking areas, common areas, and accessways shall be limited to providing illumination for security and safety and shall direct light downward. The intensity of such illumination shall be the minimum necessary for such purposes. Lighting devices shall be so shielded or arranged that no direct glare be cast toward any residence or adjoining property. A comprehensive lighting plan shall be submitted in conjunction with the site plan for review and approval by the Town Planning Board.
(13)
Drainage. All stormwater runoff originating from development on the property shall be retained onsite, unless surplus capacity exists in an off-site drainage system. Adequate measures shall be taken to control soil erosion and stormwater runoff during construction and shall be subject to the approval of the Town Engineer.
(14)
Community benefit units.
(a)
Eligibility. The Town or its agent shall determine the eligibility of all purchasers of community benefit units in accordance with Chapter 216 of the Southampton Town Code and any guidelines promulgated by the Town, its agents or Boards.
(b)
Local preference.
[1]
The Town or its agent shall determine, from the list of applicants for the moderate- and middle-income households who have received certificates of eligibility in accordance with Chapter 216 of the Town Code, those who have initial and continued eligibility priority for the purchase of such eligible units on the following basis:
(c)
Buyer benefit. At the time of initial purchase, the Town shall obtain, at its own cost, an appraisal of each community benefit unit to determine its fair market value. The difference between such appraised value and the purchase price shall be referred to as the "buyer benefit."
(d)
Resale. The resale of each community benefit unit shall be subject to the conditions, procedures and guidelines of Chapter 216 of the Town Code.
(e)
Location of community benefit units. The location of the Community Benefit Units shall be de-concentrated by dispersing such units throughout the overall development in a manner satisfactory to the Planning Board.
(f)
Sustainable affordability. Unless prohibited by law, all Community Benefit Units shall be encumbered with an affordability restrictive covenant. In the event a court of competent jurisdiction invalidates such covenant for reason of its duration, then the unit so reserved as a Community Benefit Unit shall be deemed to be restricted no less than 99 years and renewable upon transfer. However, where a Community Benefit Unit is restricted pursuant to a grant or subsidy from the federal government, State of New York or other municipal agency to provide low- or moderate-income housing consistent with the intent of Chapter 216, the Town may accept such restrictions in lieu of the restrictions set forth in this section.
(15)
Number of bedrooms. The maximum number of bedrooms shall be as follows:
(a)
Moderate-income units: Six dwelling units shall have a maximum of two bedrooms.
(b)
Middle-income units: Five dwelling units shall have a maximum of two bedrooms. Three dwelling units shall have a maximum of three bedrooms. The Town or its agent shall determine which families shall receive the three-bedroom units.
(c)
Market rate units: Thirty-six dwelling units shall have a mixture of two- and three-bedroom units.
(16)
Owner occupancy of units.
(a)
The owner of a Community Benefit Unit shall not lease any portion of such unit, as an absentee landlord or otherwise. Said restriction shall be incorporated into covenants and restrictions to be filed with the Suffolk County Clerk prior to the issuance of a building permit. This provision shall not apply to any such units acquired by the Town of Southampton.
(17)
Basements and garages. All 50 basements and any garages, if included, shall be used solely for storage purposes and not for living space or accessory apartments.
(18)
Parking and vehicular circulation. Off-street parking and truck loading improvements incorporated as part of the final site plan shall be in accordance with §§ 330-92 through 330-101 of the Town Code. The total number of parking spaces shall be calculated on at least 1.5 off-street parking spaces per dwelling unit. Each dwelling unit shall have at least one assigned parking space adjacent to the unit, which shall not be sold as an "add-on" amenity on the unit's initial sale price by the applicant/developer. Off-street parking shall be provided adjacent to any clubhouse, pool and other recreation areas as deemed necessary by the Planning Board. A second point of ingress/egress shall be provided for emergency purposes and may be coordinated with the school site plan layout on Parcel A. The Planning Board shall ensure that the layout of roads, alleys and delineation of parking accommodates emergency access.
(19)
The impact of driveways and parking lots on pedestrians and neighboring properties shall be minimized by designing, locating, and screening parking lots, carports, and garages in a way that creates few interruptions on the street, sidewalk, or building facade. There shall be no detached garages located between the subject principal buildings and Majors Path. Techniques for complying with this include, but are not limited to:
(a)
Locating surface parking at the rear or side of a lot and/or building;
(b)
Breaking large parking lots into small ones in a way that provides easy access for pedestrians;
(c)
Minimizing the number and width of driveways and curb cuts;
(d)
Locating parking in areas that are less visible from the street;
(e)
Locating driveways so they are visually less dominant. Berms and landscaping may be used to screen them when they are visible from the street;
(f)
Parking lots larger than 10 spaces and/or 3,500 square feet shall provide at least one shade tree for every five parking spaces. Trees shall be located in internal planting islands or along the perimeter of the parking lot.
(g)
Landscaping shall be designed to provide natural screening for the following: to buffer parking, to buffer any developed adjacent areas, and to buffer the adjacent Majors Path.
(20)
Preservation of natural vegetation. The subdivision and site design shall be configured in such a way as to prioritize the preservation of remaining natural vegetation on the site.
(21)
Slopes. The site development applications shall include a slope analysis depicting areas of slopes in the ranges 0% to 10%, 11% to 15% and 15% and greater. Construction in areas where slopes exceed 10% may be approved if the design incorporates adequate soil stabilization and erosion control measures so as to mitigate negative environmental impacts. Erosion and sediment control plans, details of retaining walls, and erosion control structures shall be required for construction in areas where slopes exceed 15% and for roads and driveways traversing slopes of 10%.
(22)
Water conservation. The use of water-saving or low-flow plumbing fixtures shall be required for all buildings within the NSMUPDD. All irrigation systems shall be equipped with moisture sensors capable of detecting 1/8 inch of rainfall and automatically interrupting and preventing the irrigation system from operating.
(23)
Pedestrian circulation. Pathways shall be utilized throughout Parcel B to connect all housing units to the community open space areas and active and passive recreation areas. Pathways shall be sufficiently wide to accommodate walkers, joggers, and bicyclists and should be easily accessed from all housing units. A comprehensive and unified pedestrian access and circulation plan shall be submitted in conjunction with the final site plan. A trail connection to the Southampton Town Recreation Facility located north/northeast of the subject site is encouraged as well as to the future school site to the north.
(24)
Public water approval. The site shall be served by a twelve-inch public water main subject to the recommendations of the Suffolk County Department of Health Services and the Suffolk County Water Authority.
(25)
Fire safety requirements. If an interior fire alarm system is installed, a central fire alarm monitoring box shall be installed at a location with easy access for fire personnel. Also, fire walls/stops are to be constructed from ground level up to and including attic areas consistent with state and local codes. Finally, the open area between buildings should conform with NFPA codes.
(26)
Restrictive covenants concerning age. The Planning Board shall, as a condition of site plan approval, require the applicant to file a declaration of covenants on Parcel B, approved as to form by the Town Attorney, limiting the ability of the homeowners' association to restrict the age of occupants of the housing development without express written approval of the Town Board of the Town of Southampton.
M.
One Potato Agricultural Planned Development District.
(1)
Purpose and objectives. The One Potato Agricultural PDD has been structured to accomplish the finding and purpose established by the Town Board as part of Article XXVI, Planned Development District, of the Town Code. This Agricultural PDD also supports the implementation of the Town's Comprehensive Plan, 1999 Vision Goals for Agriculture and the subsequent Agricultural Opportunities Subdivision Generic Environmental Impact Statement. Specific objectives achieved by this Agricultural PDD are as follows:
(a)
To encourage the protection of farming and the business of farming in the Town of Southampton.
(b)
To emphasize the importance of agriculture as both a vital local economic base and as a land form that provides the Town of Southampton with much of its rural, rustic character and scenic beauty.
(c)
Provide the landowner of this Agricultural PDD (herein known as "landowner") with another mechanism to access his equity in the land by providing him with development rights that can be immediately transferred or extinguished to facilitate preservation of farmland without having to subdivide his property.
(d)
To enhance the Town's support of farming.
(e)
To facilitate the farming of this parcel for a minimum of 10 years and reduce suburban sprawl.
(f)
To allow the Town Board to have the opportunity to make a fair market offer of this parcel's development rights or fee title prior to any proposed nonfarming residential development of this property.
(g)
To maintain active farmland that is adjacent to other active farmland, thereby contributing to a vital concentration of active farming within the Town of Southampton.
(h)
Guarantee the preservation of 23.04 acres as a separate parcel that shall be available for agricultural protection through the implementation of this Agricultural PDD, whereas no subdivision provisions or open space provisions of the current Town Code would ensure this preservation.
(i)
To encourage the preservation of at least 80% of the remaining farmland within the Town of Southampton by encouraging this landowner to preserve at least 80% of this parcel for agricultural production.
(2)
District boundary. The One Potato Agricultural PDD shall consist of a 35.453-acre portion of a parcel designated as SCTM No. 900-106-2-12.004 situate in Sagaponack and defined as metes and bounds description as follows: All that certain plot, piece or parcel of land situate, lying and being at Sagaponack, Town of Southampton, County of Suffolk and State of New York, being more particularly bounded and described as follows:
(a)
Beginning at a point along the westerly line of Sagaponack Main Street, said point being situate 1456.44 feet northerly from the point formed by the intersection of the westerly line of Sagaponack Main Street with the northerly line of Bridge Lane;
(b)
Running thence along the northeasterly line of land now or formerly of Richard Mishaan and Macia Rolfe Mishaan the following five courses and distances:
(c)
Thence along tie lines along the average shoreline of Sagg Pond the following five courses and distances:
(d)
Thence South 50° 01' 40" East, along the southerly line of land now or formerly of Richard Ekstract, 1226.69 feet to the westerly line of land now or formerly of Ruth F. Flemming;
(g)
Thence South 33° 34' 50" West, along the westerly line of Sagaponack Main Street, 529.03 feet to the point or place of beginning; comprising an area of 35.453 acres more or less.
(3)
Permitted uses. The use and development of the agricultural easement area will be conducted according to the time periods defined within this easement, and this area shall be restricted to some or all of the following:
(a)
Consistent with bona fide agricultural production as defined in § 301 of the New York Agriculture and Markets Law, and as § 301 may be amended.
(b)
Open and fallow (provided, however, that the agricultural easement area shall be mowed on an annual basis to prevent successional field growth).
(c)
Conservation opportunities subdivision that reduces density by a minimum of 50% and preserves at least 80% of the parcel and is developed according to Town Code § 292-6.1, Conservation opportunities subdivision review procedures.
(d)
The landowner may replace, improve, renovate and repair existing agricultural building(s) and any existing residential residence that existed at the time of the creation of the Agricultural PDD zoning classification. After this zone change, the landowner shall have the ability to construct new agricultural buildings including housing for agricultural labor that is consistent with New York State Agriculture and Market Law § 301.
(4)
Development rights certificate. The Town shall provide the landowner with a development rights certificate the next business day after the Town has filed this easement with the Suffolk County Clerk.
(a)
The number of credits that have been calculated pursuant to Chapter 244 of the Town Code of the Town of Southampton for this real property is based on the following zoning calculations. The property is within the CR-120 District. According to Southampton Town Code § 244-2B the development yield factor for a CR-120 Zone is 0.36. This Agricultural PDD consists of 35.453 acres. By multiplying 0.36 by 35.453 acres this results in 12.76 development credits. Section 244-2B requires that fractional allocation of a development credit shall be rounded to the nearest 1/100 or 0.01 of a credit. Therefore, the development rights certificate shall have 12.76 development credits for this Agricultural PDD.
(b)
The Agricultural PDD requires a sixty-five-percent open space set-aside should a clustered subdivision be approved after the termination of the Agricultural PDD easement. The open space set-aside shall be encumbered with an agricultural easement, and this area shall be a separate and distinct parcel from those that are to be residentially developed (excluding housing for agricultural labor related to the farming of the open space parcel.) This open space set-aside does not have to be defined until all of the development rights are transferred or extinguished. The landowner may increase this open space set-aside.
(c)
The Town shall file this Agricultural PDD easement within five business days of the execution of this easement and provide proof of filing with the landowner. These development rights may be immediately sold and transferred, or extinguished. These development rights may not be used for development on site unless they are part of a conservation opportunities subdivision, or until a minimum of 10 years has passed since the effective date of the establishment of this Agricultural PDD zone and this easement has been terminated.
(5)
Sale of development rights. The Town intends to facilitate the preservation of up to 80% of the Agricultural PDD area through voluntary measures with the landowner. One mechanism to achieve this 80% goal is to purchase development rights (also known as development credits when sold or transferred). It is, therefore, the intent of the Town to purchase additional development credits on 15% of the Agricultural PDD area to add to the required 65% open space set-aside as defined herein. In order to encourage the landowner to sell individual development rights (credits) to the Town over time, the acreage to be preserved for each development credit sold shall be calculated as follows:
(a)
There are 12.76 development rights available to construct 12 residential units within the Agricultural PDD area. The fractional credit does not equal one residential unit.
(b)
Sixty-five percent of the Agricultural PDD area to be preserved in a clustered subdivision equals 23.04 acres.
(c)
Thirty-five percent of the Agricultural PDD area to be set aside for development equals 12.41 acres.
(d)
Thirty-five percent of the Agricultural PDD area from which development rights may be sold or transferred equals 12.41 acres.
(e)
The acreage preserved with the sale or transfer of a development right shall be calculated as follows: 12.41 acres divided by 12.76 equals 0.973 acres per credit. Therefore, every time a credit is sold or transferred, an additional 0.973 acre shall be preserved and added to the 65%, or 23.04 acres, that shall be preserved under the cluster requirement.
(f)
For example, if the landowner sells or transfers 4.76 credits, there will be 4.63 acres preserved plus 23.04 acres for a total of 27.67 acres protected. The remaining 8 credits shall allow the placement of 8 houses on 7.78 acres upon the termination of this Agricultural PDD easement.
(6)
Negotiation procedures for acquisition during the easement period. During the term of the Agricultural PDD Easement, the landowner may seek an offer from the Town for purchase of one or more of the development rights or fee title, subject to the following procedures:
(a)
Submission of a letter of interest and request for an appraisal to the Town Clerk.
(b)
The appraisal conducted by a certified appraiser for the Town shall be based on the yield and open space se-asides defined in the Agricultural PDD or the highest and best use of the property.
(c)
The Town shall make an offer within 120 days of the landowner's request.
(d)
The landowner has the option to accept or refuse the offer without any violation of the conditions of the Agricultural PDD easement.
(7)
Agricultural PDD term. The term of the Agricultural PDD shall be for a minimum of 10 years, and it shall remain in effect so long as the landowner utilizes the property for a use consistent with the terms of this easement. The landowner may submit a subdivision application and develop the property as a conservation opportunities subdivision without waiting a minimum of ten years after the Agricultural PDD has been approved. During the application process, the Agricultural PDD shall remain in effect.
(8)
Early termination. The landowner of this Agricultural PDD may petition the Town Board for termination of this Agricultural PDD easement and rezoning of the property during the initial ten-year period after the PDD is granted, but not until after the PDD has been in effect for five years. The Town Board may, in its discretion, grant such a petition after a public hearing upon a finding of undue hardship or catastrophic economic loss. This landowner may also request development consistent with the restrictions set forth in the PDD. The Town Board may, at its own discretion, grant such a request.
(9)
Procedures for termination of this Agricultural PDD easement. At the conclusion of the ten-year period defined in the Agricultural PDD, the landowner may at any time submit a written notice to the office of the Town Clerk of his intentions to terminate this Agricultural PDD easement. Without such notification, the Agricultural PDD easement shall continue to be in force in accordance with the terms of the Agricultural PDD. Upon such notification, the Town shall have 150 days to exercise an option to purchase the development rights or fee title for all or part of the parcel prior to the termination of the Agricultural PDD easement. The Town shall make an offer on the basis of the fair market value of the property in accordance with the zoning and cluster regulations defined in this easement less any development rights sold or transferred during the term of the easement. If agreement on the sales price is not reached between the Town and the landowner within 30 days of the offer or such additional time as may be agreed upon by mutual consent of the parties, the landowner may develop the property in accordance with the Agricultural PDD and the zoning and cluster regulations defined in the Agricultural PDD easement. The landowner shall have three years to submit an application to the Planning Board in accordance with the Agricultural PDD and the zoning and cluster regulations defined in the Agricultural PDD easement. This three-year limitation can be extended by a resolution of the Town Board. If the landowner fails to request an extension to file a subdivision application, the Agricultural PDD zoning shall expire and the related easement shall terminate.
N.
Two Potato Agricultural Planned Development District.
(1)
Purpose and objectives. The Two Potato Agricultural PDD has been structured to accomplish the finding and purpose established by the Town Board as part of Article XXVI, Planned Development District, of Chapter 330 of the Town Code. This Agricultural PDD also supports the implementation of the Town's Comprehensive Plan, 1999 Vision Goals for Agriculture and the subsequent Agricultural Opportunities Subdivision Generic Environmental Impact Statement. Specific objectives achieved by this Agricultural PDD are as follows:
(a)
To encourage the protection of farming and the business of farming in the Town of Southampton.
(b)
To emphasize the importance of agriculture as both a vital local economic base and as a land form that provides the Town of Southampton with much of its rural, rustic character and scenic beauty.
(c)
To provide the landowner of this Agricultural PDD (herein known as "landowner") with another mechanism to access his equity in the land by providing him with development rights that can be immediately transferred or extinguished to facilitate preservation of farmland without having to subdivide his property.
(d)
To enhance the Town's support of farming.
(e)
To facilitate the farming of this parcel for a minimum of 10 years and reduce suburban sprawl.
(f)
To allow the Town Board to have the opportunity to make a fair market offer of this parcel's development rights or fee title prior to any proposed nonfarming residential development of this property.
(g)
To maintain active farm that is adjacent to other active farmland, thereby contributing to a vital concentration of active farming within the Town of Southampton.
(h)
To guarantee the preservation of 10.44 acres as a separate parcel that shall be available for agricultural protection through the implementation of this Agricultural PDD, whereas no subdivision provisions or open space provisions of the current Town Code would ensure this preservation.
(i)
To encourage the preservation of at least 80% of the remaining farmland within the Town of Southampton by encouraging this landowner to preserve at least 80% of this parcel for agricultural production.
(2)
District boundary. The Two Potato Agricultural PDD shall consist of a 16.061-acre portion of a parcel designated as SCTM No. 900-107-1-20.0 situate in Sagaponack and defined as metes and bounds description as follows: All that certain plot, piece or parcel of land situate, lying and being at Sagaponack, Town of Southampton, County of Suffolk and State of New York, being more particularly bounded and described as follows:
(a)
Beginning at a point along the easterly line of Sagaponack Main Street, said point being situate 647.66 feet northerly from the point formed by the intersection of the easterly line of Sagaponack Main Street with the northerly line of Gibson Lane;
(b)
Running thence North 26° 23' 57" East, along the easterly line of Sagaponack Main Street, 241.33 feet to the southerly line of land now or formerly of Ronald and Amy Guttman; thence along the southerly, easterly and northerly line of land now or formerly of Ronald and Amy Guttman the following three courses and distances:
(d)
Thence South 48° 34' 25" East along the southwesterly line of land now or formerly of Jeffrey White and the Town of Southampton 1041.39 feet to the northwesterly corner of land now or formerly of Julia F. Mumford; thence South 26° 59' 11" East along the westerly line of land now or formerly of Julia F. Mumford, 418.90 feet to the northerly line of Daniels Lane; thence South 63° 13' 19" West along the northerly line of Daniels Lane, 242.49 feet to the easterly line of land now or formerly of Anne B. Bradley; thence North 26° 59' 11" West along the easterly line of land now or formerly of Anne B. Bradley, 244.42 feet to the northerly line of land now or formerly of Anne B. Bradley; thence South 63° 13' 19" West along the northerly line of land now or formerly of Anne B.Bradley and land now or formerly of Rebecca J. McNeil and Laura M. Jones Living Trust, 487.17 feet to the northeasterly line of land now or formerly of Topping Farm LP; thence North 43° 23' 01" West along the northeasterly line of land now or formerly of Topping Farm LP, 436.97 feet to the southeasterly corner of land now or formerly of Alvin R. Topping; thence North 43° 22' 22" West along the northeasterly line of land now or formerly of Alvin R. Topping 138.15 feet to the southeasterly corner of land now or formerly of Swan Creek Farms, Inc.; thence North 43° 02' 22" East along the northeasterly line of land now or formerly of Swan Creek Farms, Inc., 174.67 feet to the easterly line of Sagaponack Main Street and the point or place of beginning, comprising an area of 16.061 acres more or less.
(3)
Permitted uses. The use and development of the agricultural easement area will be conducted according to the time periods defined within this easement, and this area shall be restricted to some or all of the following:
(a)
Consistent with bona fide agricultural production as defined in § 301 of the New York Agriculture and Markets Law, and as § 301 may be amended.
(b)
Open and fallow (provided, however, that the agricultural easement area shall be mowed on an annual basis to prevent successional field growth.)
(c)
Conservation opportunities subdivision that reduces density by a minimum of 50% and preserves at least 80% of the parcel and is developed according to Town Code § 292-6.1, Conservation opportunities subdivision review procedures.
(d)
The landowner may replace, improve, renovate and repair existing agricultural building(s) and any existing residential residence that existed at the time of the creation of the Agricultural PDD zoning classification. After this zone change, the landowner shall have the ability to construct new agricultural buildings, including housing for agricultural labor that is consistent with New York State Agriculture and Markets Law § 301.
(4)
Development rights certificate. The Town shall provide the landowner with a development rights certificate the next business day after the Town has filed this easement with the Suffolk County Clerk.
(a)
The number of credits that have been calculated pursuant to Chapter 244 of the Town Code of the Town of Southampton for this real property is based on the following zoning calculations. The property is within the CR-120 District. According to Southampton Town Code § 244-2B, the development yield factor for a CR-120 Zone is 0.36. This agricultural PDD consists of 16.061 acres. By multiplying 0.36 by 16.061 acres this results in 5.78 development credits. Section 244-2B requires that fractional allocation of a development credit shall be rounded to the nearest 1/100 or 0.01 of a credit. Therefore, the development rights certificate shall have 5.78 development credits for this Agricultural PDD.
(b)
The Agricultural PDD requires a sixty-five-percent open space set-aside should a clustered subdivision be approved after the termination of the Agricultural PDD easement. The open space set-aside shall be encumbered with an agricultural easement, and this area shall be a separate and distinct parcel from those that are to be residentially developed (excluding housing for agricultural labor related to the farming of the open space parcel). This open space set-aside does not have to be defined until all of the development rights are transferred or extinguished. The landowner may increase this open space set-aside.
(c)
The Town shall file this Agricultural PDD easement within five business days of the execution of this easement and provide proof of filing with the landowner. These development rights may be immediately sold and transferred, or extinguished. These development rights may not be used for development on site unless they are part of a conservation opportunities subdivision, or until a minimum of 10 years has passed since the effective date of the establishment of this Agricultural PDD zone and this easement has been terminated.
(5)
Sale of development rights. The Town intends to facilitate the preservation of up to 80% of the Agricultural PDD area through voluntary measures with the landowner. One mechanism to achieve this 80% goal is to purchase development rights (also known as development credits when sold or transferred). It is, therefore, the intent of the Town to purchase additional development credits on 15% of the Agricultural PDD area to add to the required 65% open space set-aside as defined herein. In order to encourage the landowner to sell individual development rights (credits) to the Town over time, the acreage to be preserved for each development credit sold shall be calculated as follows:
(a)
There are 5.78 development rights available to construct five residential units within the Agricultural PDD area. The fractional credit does not equal one residential unit.
(b)
Sixty-five percent of the Agricultural PDD area to be preserved in a clustered subdivision equals 10.44 acres.
(c)
Thirty-five percent of the Agricultural PDD area to be set aside for development equals 5.62 acres.
(d)
Thirty-five percent of the Agricultural PDD area from which development rights may be sold or transferred equals 5.62 acres.
(e)
The acreage preserved with the sale or transfer of a development right shall be calculated as follows: 5.62 acres divided by 5.78 equals 0.972 acre per credit. Therefore, every time a credit is sold or transferred, an additional 0.972 acre shall be preserved and added to the 65%, or 10.44 acres, that shall be preserved under the cluster requirement.
(f)
For example, if the landowner sells or transfers 2.78 credits, there will be 2.70 acres preserved plus 10.44 acres for a total of 13.14 acres protected. The remaining three credits shall allow the placement of three houses on 2.92 acres upon the termination of this Agricultural PDD easement.
(6)
Negotiation procedures for acquisition during the easement period. During the term of the Agricultural PDD easement, the landowner may seek an offer from the Town for purchase of one or more of the development rights or fee title, subject to the following procedures:
(a)
Submission of a letter of interest and request for an appraisal to the Town Clerk.
(b)
The appraisal conducted by a certified appraiser for the Town shall be based on the yield and open space set asides defined in the Agricultural PDD or the highest and best use of the property.
(c)
The Town shall make an offer within 120 days of the landowner's request.
(d)
The landowner has the option to accept or refuse the offer without any violation of the conditions of the Agricultural PDD easement.
(7)
Agricultural PDD term. The term of the Agricultural PDD shall be for a minimum of 10 years and it shall remain in effect so long as the landowner utilizes the property for a use consistent with the terms of this easement. The landowner may submit a subdivision application and develop the property as a conservation opportunities subdivision without waiting a minimum of 10 years after the Agricultural PDD has been approved. During the application process, the Agricultural PDD shall remain in effect.
(8)
Early termination. The landowner of this Agricultural PDD may petition the Town Board for termination of this Agricultural PDD easement and rezoning of the property during the initial ten-year period after the PDD is granted, but not until after the PDD has been in effect for five years. The Town Board may, in its discretion, grant such a petition after a public hearing upon a finding of undue hardship or catastrophic economic loss. This landowner may also request development, consistent with the restrictions set forth in the PDD. The Town Board may, at its own discretion, grant such a request.
(9)
Procedures for termination of this Agricultural PDD easement. At the conclusion of the ten-year period defined in the Agricultural PDD, the landowner may at any time submit a written notice to the office of the Town Clerk of his intentions to terminate this Agricultural PDD easement. Without such notification, the Agricultural PDD easement shall continue to be in force in accordance with the terms of the Agricultural PDD. Upon such notification, the Town shall have 150 days to exercise an option to purchase the development rights or fee title for all or part of the parcel prior to the termination of the Agricultural PDD easement. The Town shall make an offer on the basis of the fair market value of the property in accordance with the zoning and cluster regulations defined in this easement less any development rights sold or transferred during the term of the easement. If agreement on the sales price is not reached between the Town and the landowner within 30 days of the offer or such additional time as may be agreed upon by mutual consent of the parties, the landowner may develop the property in accordance with the Agricultural PDD and the zoning and cluster regulations defined in the Agricultural PDD easement. The landowner shall have three years to submit an application to the Planning Board in accordance with the Agricultural PDD and the zoning and cluster regulations defined in the Agricultural PDD easement. This three-year limitation can be extended by a resolution of the Town Board. If the landowner fails to request an extension to file a subdivision application, the Agricultural PDD zoning shall expire and the related easement shall terminate.
O.
Hampton Bays West (HBW) Commercial-Industrial Planned Development District (CIPDD).
(1)
Purpose and objectives. The Hampton Bays West CIPD (aka "HBWCIPDD") has been structured to accomplish the findings, purpose and long-term goals established by the Town Board as part of Article XXVI, (Planned Development District), of the Code of the Town of Southampton and specifically those established under § 330-246C, Commercial-Industrial Planned Development District. Said districts are intended to consist predominantly of commercial and industrial uses or any use not specifically identified but where it can be demonstrated that such use will be beneficial, compatible and harmonious with land uses of the CIPDD and the surrounding area and where it is further demonstrated that the goals and objectives set forth in Article XXVI and the Comprehensive Plan are maintained and furthered. The HBWCIPDD provides for two commercial uses on the combined properties to include an existing 3,142-square-foot fast food restaurant with associated parking and landscaping and a proposed 50,000-square-foot supermarket with associated parking, signage and landscaping as well as a passive park in accordance with a federal court order hereinafter referred to as the "so-ordered stipulation" that resolved litigation entitled "Hampton Bays Connections, Inc. et al. v. Robert Duffy, et al." (United States District Court, Eastern District of New York, Case No. CV-99 7029). Industrial uses and other commercial uses not contemplated as part of this application shall not be permitted without additional review and approval of the Town Board. Based on compliance with the regulations and specific design requirements outlined herein, the development of the subject properties will help achieve the goals of the Town’s Comprehensive Plan, the efficient and cost-effective use of public utilities, services and transportation systems, the clustering of development to preserve open space and natural resources, and the protection of the Town's water supply. Consistent with the requirement of § 330-246C(3) of the Town Code, the HBWCIPDD is considered to be beneficial, compatible, and harmonious with the surrounding land uses, which are predominantly commercial. Specific Comprehensive Plan objectives and public benefits achieved by the Hampton Bays West [CI] PDD are as follows:
(a)
Provide tax ratable development and source of employment for the community.
(b)
Promote architectural, signage, lighting, landscaping, sidewalk and streetscape design improvements consistent with Town of Southampton beautification objectives.
(c)
Alleviate traffic on the CR 80 (Montauk Highway) corridor by providing a cross access road designed to look and function as a street (with sidewalks and landscaping) to connect to adjacent eastern and western properties and ultimately facilitate the Town's long-term objective to provide a continuous bypass of Montauk Highway from Route 24 to Bellows Pond Road, as indicated in the 1999 Hampton Bays Hamlet Center Report.
(d)
Achieve pedestrian accessway objectives by installing sidewalk and curbing along a central boulevard to extend and connect with Montauk Highway.
(e)
Maintain a wooded passive public park (approximately 0.72 acre, not to exceed one acre) abutting Montauk Highway, that also serves to mitigate aesthetic impacts by buffering views from Montauk Highway.
(f)
Preserve 50% of the site's existing natural vegetation that includes contiguous land to the north to serve as open space and mitigate impacts to wildlife habitat including revegetation/restoration of the southern portion of the "flagpole" of SCTM No. 900-221-3-18.
(g)
Provide a one-time voluntary contribution of $250,000 to the Town, to be utilized for the acquisition of Pine Barren credits, open space purchase, recreation or similar purposes within the boundaries of the Hampton Bays Union Free School District.
(h)
Provide an ongoing voluntary contribution of $10,000 per year on an annual basis to the Town for the duration of the site's use as a supermarket for Town Board allocation toward public improvements, beautification and/or other community benefits within the boundaries of the Hampton Bays Union Free School District.
(i)
Subject to review and approval of the Suffolk County Transit, construct within the property a cedar-clad bus shelter to the design specifications of the Town at the northern portion of the passive park to facilitate use of public transportation.
(j)
Installation of emergency vehicle traffic preemption equipment at four locations on Montauk Highway (CR 80), namely the existing light at Bellows Pond/E. Tiana Road, the proposed traffic light at the property entrance, the existing light at the Macy's entrance and the existing light at the intersection of CR80 and State Route 24.
(2)
District boundary. The HBWCIPDD shall consist of parcels designated on the Suffolk County Tax Map as District 900, Section 221, Block 03, Lot 16.1, and District 900, Section 221, Block 03, Lot 18, which together comprise 12.186 acres, are situated on the northerly side of Montauk Highway, and are particularly described as follows:
(a)
Beginning at a concrete monument found on the northwesterly line of West Montauk Highway (aka New York State Route 27A and Suffolk County Route 80, variable-width right-of-way), said point being distant 921.17 feet easterly and northeasterly, as measured along the same from the corner formed by the intersection of the easterly line of Bellows Pond Road with the northerly line of West Montauk Highway, said point also being where the northwesterly line of West Montauk Highway is intersected by the dividing line between Lot 16.1 and Lot 14.1 (n/f Bernard and Diane Benitez) Block 3 and from said point of beginning, running thence the following courses and distances:
(b)
Along the dividing line between Lot 16.1 and Lot 14.1, Block 3, North 06 degrees 30 minutes 56 seconds West, a distance of 1,489.74 feet to a point on the southerly line of Sunrise Highway extension (aka New York State Route 27A, variable-width right-of-way), thence the following four courses along said line of Sunrise Highway extension:
(c)
Along a curve to the right having a radius of 1,368.00 feet, an arc length of 173.82 feet, a central angle of 07 degrees 16 minutes 48 seconds, bearing a chord of South 72 degrees 58 minutes 14 seconds East, a chord distance of 173.70 feet to a point of tangency, thence
(d)
South 69 degrees, 19 minutes, 50 seconds East [still along the southerly line of the Sunrise Highway Extension] a distance of 180.50 feet to a point, thence
(e)
South 69 degrees, 29 minutes, 55 seconds East, for a distance of 62.66 feet to a point of curvature, thence
(f)
Along a curve to the left, having a radius of 1,032.00 feet, an arc length of 137.64 feet, a central angle 07 degrees 38 minutes 31 seconds also bearing a chord of South 73 degrees 19 minutes 11 seconds East, a chord distance of 137.54 feet to a point, thence
(g)
Along the dividing line between Lot 18 and Lot 19, South 06 degrees 30 minutes 20 seconds East, a distance of 984.10 feet to the point on the northerly line of West Montauk Highway, thence
(h)
Along said line of West Montauk Highway, South 55 degrees 11 minutes 10 seconds West, a distance of 36.34 feet to lands now or formerly of Joseph S. Lach, then following two courses:
(i)
North 06 degrees, 30 minutes 20 seconds West along the said lands now or formerly of Joseph S. Lach, a distance of 600.00 feet to a point, thence
(j)
South 55 degrees 11 minutes 10 seconds West, a distance of 170.67 feet to a point, thence
(k)
Along the dividing line between Lot 16.1 and Lot 17, South 06 degrees 30 minutes 20 seconds East, a distance of 600.00 feet to a point on the northerly line of West Montauk Highway, thence
(l)
Along said line of West Montauk Highway, South 55 degrees 03 minutes 24 seconds West, a distance of 363.42 feet to the point and place of beginning, containing 530,837 square feet or 12.186 acres.
(3)
Permitted uses.
(a)
A supermarket, defined as a store where the floor area is predominantly devoted to the sale of food products for primarily home preparation and consumption and which typically also offers other home-care and personal-care products and general retail merchandise and services customarily sold or provided in supermarkets.
(b)
Fast-food restaurant (McDonald's) in pad building with drive-through window as approved by the Town of Southampton Planning Board on June 10, 1999.
(c)
In addition to the regular departments (deli, bakery, seafood, produce, etc.) the accessory uses of bank, florist, and pharmacy shall be permitted within the supermarket, as well as accessory office, customer service, and support uses/functions customarily located within a supermarket.
(4)
Dimensional regulations:
(a)
Lot area, minimum: 12 acres.
(b)
Maximum building coverage: 10%.
(c)
Maximum impervious coverage: 52%.
(e)
Front yard: minimum of 80 feet.
(f)
Rear yard: minimum two 249 feet. For the purposes of defining the rear yard, the rear property line shall be the northerly property boundary that abuts Sunrise Highway.
(h)
Buffer areas. A buffer area with a minimum depth of 50 feet, consisting of existing natural vegetation, shall be established and maintained along Montauk Highway, except that site access roadway may be located, placed, or established within such buffer. Underground utilities, drainage, sidewalks, and lighting may be placed within said site access roadway area. The existing McDonald's pylon sign located adjacent to the required fifty-foot buffer area may remain as approved by the Planning Board on April 1, 2004.
[1]
A buffer area with a minimum depth of 190 feet, consisting of natural vegetation, shall be maintained along the Sunrise Highway right-of-way.
[2]
The Planning Board shall ensure the applicant erects temporary fencing that delineates the limits of clearing for the front fifty-foot buffer area, as well as around the perimeter of the passive park area and the limits of construction to the north of the building. Said fencing shall be installed and maintained for the duration of construction activities.
(i)
Maximum floor area:
[1]
One building for the supermarket use having a maximum gross floor area of 50,000 square feet, including any mezzanine or additional square footage provided above the first floor.
[2]
One building for the fast-food restaurant use having a maximum gross floor area of 3,200 square feet, including any mezzanine or additional square footage provided above the first floor.
(j)
General development standards. To ensure consistency with the findings, purpose, goals, and general development standards established for planned development districts, all development shall conform to §§ 330-240 and 330-245 of the Code of the Town of Southampton, except to the extent that such Code provisions are in conflict with the aforesaid "so-ordered stipulation."
(5)
Specific development standards.
(a)
Site plan design. The general layout and design of the site plan shall be based on and consistent with the plan entitled "Site Removals Plan," Sheet C3, prepared by Bohler Engineering, PC, dated March 7, 2005, and last revised August 24, 2007.
(b)
Vehicular circulation. The basic street layout depicted in the Site Removals Plan referenced above shall be maintained but shall be formalized as part of the site plan review for approval by the Planning Board. The applicant shall construct the east/west future cross-access road to the east/west property lines and shall provide for the future construction of the road across the flagpole of SCTM No. 900-221-3-18. In the instance that access is secured across SCTM No. 900-221-3-17 (now owned by Joseph S. Lach), the applicant shall submit plans for review and approval to the Town Engineer and construct said cross-access road to extend east to the parcel identified by SCTM No. 900-221-3-19 (now owned by Kimco Development of Hampton Bays, Inc.), subject to the terms and conditions of the aforesaid "so-ordered stipulation."
(c)
Roadway and streetscape design. The entrance boulevard and cross-access road shall be constructed in conformance with the typical cross sections A-A and B-B submitted as Sheet CS-1 prepared by Bohler Engineering, PC, dated January 5, 2007, and last revised August 24, 2007, to include the following:
[2]
Cross-access roadway. The cross-access roadway shall extend to the properties to the east and west of the subject site. This roadway shall be constructed pursuant to the following criteria:
[a]
Two-lane road having a pavement with of 24 feet.
[b]
North side of passive park:
[i]
On-street parking (nine feet wide, parallel) on northeast side of park (four spaces).
[ii]
Eight-foot-wide landscape island, to include bench seating subject to Planning Board review and approval.
[iii]
Five-foot-wide concrete sidewalk.
[iv]
Cedar-clad bus shelter on concrete pad (in conformance with the design specifications known as the "Peconic Model" to be provided to the applicant by the Town of Southampton's Transportation Division).
[c]
Entranceway on Montauk Highway. The proposed landscape median shall be a minimum of eight feet wide and shall be landscaped with low-lying evergreen shrubs no more than 36 inches in height, as well as other perennial flowers, grasses, etc., around the freestanding pylon sign. Proposed plantings shall be included on the landscape plan subject to review and approval by the Planning Board.
[3]
Landscaping. The landscape improvements required are aimed at creating a quality pedestrian environment along a system of well-landscaped streets, while maintaining safe vehicular traffic flow. The planting plan shall be in general conformance with drawing PP-1, prepared by Araiys Design, dated April 11, 2006, and last revised August 28, 2007, subject to review, modification and approval by the Planning Board, and to include the following:
[a]
Street trees shall be a minimum of five-inch caliper when installed. Street and landscape island trees shall be located to minimize sight distance conflicts at intersections and allow sufficient clearance for pedestrians. Street and landscape island trees shall be large deciduous shade trees selected based on the following characteristics: ability to survive in the environment of the subject site with particular regard to the on-site soil limitations; limited irrigation and maintenance requirements; good shade quality; ability to provide well-matched specimens; attractive branching characteristics; and attractive fall color.
[b]
In order to ameliorate on-site soil limitations, retain moisture and foster rapid plant growth and development on site, all trees within tree pits and landscape islands shall be planted utilizing CU-Structural Soil™, CU-Soil™ or similar treatment at a depth of 24 to 36 inches. The landscape and planting plan details shall reflect this requirement for Planning Board review and approval. Best practices for planting trees shall be required by the Planning Board. The planting plan for trees shall be subject to review and recommendations of the Natural Resources Director prior to Planning Board approval.
[c]
Street trees, landscape island trees and passive park trees shall not be topped during ordinary maintenance. For the purpose of this section, "topping" shall mean the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal tree canopy and disfigure the tree.
[d]
Other landscaping.
[i]
In addition to the requirements set forth herein, in no event shall more than 10% of the developed land area of the HBWCIPDD be planted with fertilizer-dependent vegetation.
[ii]
Groundcover shall be provided in all planting islands, and mulch shall only encompass the driplines of trees and shrubs. Mulch of neutral/dark color shall be utilized and maintained.
[iii]
The strip of land between any sidewalk and curb shall have grass or other suitable groundcover and shall not be paved with asphalt or other material unless specifically approved by the Planning Board.
[iv]
Details related to the trellis plantings designed to break up the building massing shall be included on the planting plan.
[v]
Details related to any walking paths or landscape amenities provided within the passive park area shall be included in the landscape plan for review and approval by the Planning Board.
(d)
Architecture and design.
[1]
The facades associated with the supermarket building shall be consistent with elevation plan EL-1 submitted with the final environmental impact statement depicting front, east and west elevations as prepared by Rosenbaum Design Group, dated April 16, 2004, and last revised August 24, 2007, with the exception of any proposed signage depicted on the elevation plan or 3D rendering (see signage requirements).
[2]
The back of the building shall be painted a dark, neutral color to minimize visibility from Sunrise Highway. The Planning Board shall require color and material samples of the building for review and approval as part of the site plan process.
(e)
Utility elements. Mechanical equipment and service functions, including but not limited to electrical service equipment, and dumpsters, associated with the development of the site shall be incorporated into the overall design theme of the building and landscape so that these functions are out of view from the street and parking lot. All design elements used to screen such functions, including walls, fences and landscaping, shall provide an opaque screen and shall be visually compatible with the design of the building.
[1]
Rooftop mechanical equipment shall be located so that it is not visible from the ground level or is screened by parapet walls.
[2]
Mechanical closets or "meter rooms" shall be incorporated into the building, to the extent feasible, taking into consideration relevant safety considerations and design limitations, to house all appropriate utility meters, junction boxes, conduit and connections. Any utility elements that cannot be located within enclosed mechanical closets or meter rooms shall be screened with fences, walls, or landscaping.
[3]
Vents shall be painted to match adjacent wall surfaces or otherwise screened with landscaping.
[4]
Dumpsters and transformers shall not be located in prominent highly visible locations. All dumpsters shall be screened with fences or walls pursuant to § 330-109B(3).
[5]
All fencing within the HBWCIPDD shall comply with § 330-109B. Fencing shall not be placed in the required front yard. Chain-link fencing with dark vinyl slats shall be provided at the rear of the building. Fencing on retaining walls shall not exceed six feet in height. All fencing details shall be submitted with the site plan application. At no time shall any fencing or retaining wall placement/design preclude or obstruct the construction of the east-west cross-access road, with the exception of temporary fencing installed until such time as the cross-access road is opened for use, as permitted by the Planning Board.
[6]
Outdoor storage. Outdoor storage is prohibited in the HBWCIPDD, including any maintenance or snow removal equipment. Truck trailers may not be stored at the rear of the building.
[7]
The installation of all utilities for the proposed building and subject site shall be underground and occur outside of any area designated for nondisturbance.
(f)
Parking. The following parking standards shall apply:
[1]
Supermarket: one space per 200 square feet of gross floor area. Up to 28 additional parking spaces may be "landbanked" in landscape islands for future construction, as shown on the plan entitled "Site Removals Plan," Sheet C3, prepared by Bohler Engineering, PC, dated March 7, 2005, and last revised August 24, 2007. The construction of landbanked parking spaces shall be subject to review and approval of the Planning Board and based on a demonstration of need by the applicant and compatibility with the overall circulation plan of the HBWCIPDD. The Planning Board may require hedge screening or other appropriate landscaping for landbanked parking installation at the time of construction.
[2]
Fast-food restaurant: one per two seats or one per 75 square feet of gross floor area.
[3]
Curb bulb-outs may be provided at corners of the streets having on-street parking, and in other locations to define the on-street parking areas, to channel through traffic, and to provide safe crossing points for pedestrians.
[4]
Pedestrian sidewalks shall be provided through the parking areas to the entrances to the building.
(g)
Open space: A minimum of 40% of the HBWCIPDD shall remain as permanent open space.
(h)
Preservation of natural vegetation. The HBWCIPDD shall preserve in its naturally vegetated state the 4.05-acre contiguous woodland north and east of the proposed building, as well as restore/revegetate and maintain the 0.45-acre area at the southern portion of SCTM 900-221-3-18 for a total of 4.50 acres or 50% maximum clearing, consistent with the Aquifer Protection Overlay District (APOD) standard. Additional clearing may be permitted subject to the transfer of development rights or Pine Barrens credit or cash in lieu thereof based on fair market value for up to a maximum of 10% additional clearing. The amount of clearing associated with each Pine Barrens credit or development right shall be equal to the clearing permitted from the sending parcel. Any additional proposed clearing beyond the 50% maximum pursuant to this section shall be subject to review and approval by the Planning Board.
(i)
The HBWCIPDD shall preserve in its naturally vegetated state, other than pedestrian pathways established for passive use, if any, the area proposed for an approximate .72-acre passive park (not to exceed one acre) located to the east of the entrance roadway and north of Montauk Highway. The passive park shall be open to the public and shall not have any permanent fencing around it.
(j)
Lighting. All new lighting proposed in the HBWCIPDD shall comply with "dark sky" objectives by providing light fixtures that meet Illuminating Engineering Society (IES) “full cutoff” designated fixtures (fully shielded and project downward) with further requirements as follows:
[1]
Parking lot:
[a]
The basic minimum level of illumination shall not be less than 0.2 footcandle (fc), and the maximum average maintained footcandles shall not exceed 2.5.
[b]
The maximum height of light fixtures in the center of the parking field from finished grade (inclusive of the light pole and light fixture) shall be seventeen 17 feet (measured to the top of the decorative light fixture, 16 feet to the light source), and the maximum height of all other light fixtures provided shall be 15 feet (measured to the top of the decorative light fixture, 14 feet to the light source) with each fixture having a maximum of 6,400 lumens. For the purpose of this section, measurements in lumens shall refer to initial lamp lumens (as opposed to maintained lamp lumens) as rated by the manufacturer when the lamp is new and listed on the packaging.
[c]
The parking lot shall maintain a uniformity ratio (the ratio between the average maintained foot-candles and minimum level of illumination) of 3.5.
[d]
No lighting shall illuminate onto adjoining properties. Maximum [nominal] light spill into adjoining properties at the subject property lines shall not exceed 0.10 footcandles.
[2]
Building entrances shall average two foot-candles (fc) with a maximum of 5 foot-candles. Sidewalks shall average .5 fc with a maximum of 5 fc. The surface of signs shall not exceed two fc.
[3]
Streetlighting fixtures shall be provided along the proposed interior streets that are consistent with the historic design of those located in the existing central business district of Hampton Bays and within the Hampton Bays Town Center Planned Development District.
[4]
All light sources shall be fully shielded and project downward. Blinking, tracing or flashing lights are prohibited.
[5]
No dusk-to-dawn fixtures shall be permitted on or off the subject property.
[6]
All lighting shall utilize high-pressure sodium luminaires. Mercury vapor (MV) light sources are prohibited.
[7]
The applicant shall submit a lighting plan in conformance with the requirements above for review and approval by the Planning Board to include the following:
[a]
The location of all proposed outdoor lighting fixtures.
[b]
Type of proposed luminaires including the manufacturer and model number, the manufacturer's specifications (cut sheets), diagrams or photographs of the fixtures, and a description of the cutoff characteristics of the luminaire and manufacturer's certification of compliance with the "full cutoff" requirements.
[c]
Lamp source type, lumen output and wattage.
[d]
Shielding of the luminaire and all mounting details, including mounting height and a description of the pole foundation.
[e]
Detailed isometric footcandle distribution diagram plotting the light levels at the designated mounting heights for the proposed fixtures. Maximum illuminance levels shall be expressed in footcandle measurements on a grid of the site showing iso footcandle readings in every ten-foot square. The grid shall include light contributions from all sources (i.e., pole counted, wall mounted, sign and street lights). Said grid shall extend at least 20 feet beyond the site property lines to assure compliance with light trespass requirements. Photometric plans shall be prepared by the luminary manufacturer or a licensed architect or engineer and shall provide calculation of average maintained footcandles, maximum and minimum footcandle readings, and the average-to-minimum and the maximum-to-minimum uniformity ratios.
[f]
Schedule of the proposed hours when each luminaire will be operated; types of timing devices or motion sensor, if any, to be utilized.
[g]
Any additional information or documentation requested by the Planning Board.
(k)
Drainage. All stormwater runoff originating from development on the subject property shall be retained on site. Adequate measures and best-management practices shall be taken to control soil erosion and stormwater runoff during and after construction, and all such measures shall be subject to the approval of the Town Engineer.
(l)
Slopes. The site plan submission for development of the HBWCIPDD shall include a slope analysis depicting areas with slopes in the ranges of 0% to 10%, 11% to 15%, and 15% and greater. Construction in areas where slopes exceed 10% may be approved if the design incorporates adequate soil stabilization and erosion control measures so as to mitigate negative environmental impacts. Erosion and sediment control plans, retaining walls, and erosion control measures shall be required for construction in areas where slopes exceed 15% and for roads and driveways traversing slopes of at least 10%. The grading plan shall take into consideration the slope associated with cross-access roadway and facilitate connections to adjacent sites.
(m)
Water conservation. Water-conserving fixtures, and low-maintenance landscaping shall be provided on the subject property. Any irrigation system that may be required as part of the supermarket development on the subject property shall be equipped with moisture sensors capable of detecting 1/8 inch of rainfall and automatically interrupting and preventing the irrigation system from operating. A system for the reuse of stormwater for irrigation purposes shall be installed and maintained, subject to the review and approval of the Town Engineer.
(n)
Pedestrian circulation. The site plan for development of the subject property shall incorporate a system of sidewalks on the subject property to provide safe pathways within as well as off the property. A dedicated pedestrian connection shall be provided from Montauk Highway to the supermarket building. Sidewalk and curbing shall also be installed along the subject property's frontage associated with Montauk Highway and shall be extended to connect with the existing sidewalks located to the east of the subject properties.
(o)
Public water. The subject property shall be served by public water, subject to the approval of the Suffolk County Department of Health Services and the Hampton Bays Water District.
(p)
Water mains. At the time of site plan review, the Planning Board shall refer the subject application to the Hampton Bays Fire District for review and recommendation regarding size and type of water mains.
(q)
Signage. All signage on site shall comply with the dimensional requirements of Article XXII of Chapter 330 of the Town Code, except that the McDonald's ground sign and one directional sign may remain as approved on April 1, 2004, and specifically as follows:
[1]
Wall signs shall not be internally illuminated.
[2]
The building shall be permitted one wall identification sign, subject to the limitations of §330-206E. For the purpose of said section, the HBWCIPDD shall be considered to have one street frontage.
[3]
One freestanding pylon sign shall be permitted at the front entrance and shall comply with the following standards:
[4]
Directional signs (e.g., "to Montauk Highway", etc.) throughout the site shall be kept to a minimal amount and, if provided, shall be a maximum of two square feet in size, wooden/rustic in nature and found to comply with overall signage objectives of Article XXII.
[5]
With the exception of one-time signage that shall be allowed during the initial "grand opening" period of the supermarket (the time frames, locations, and specific nature of such grand-opening signage shall be reviewed and approved by the Planning Board as part of the site plan submission), temporary signs, boards or banners that advertise or promote, or otherwise, merchandise events, sales or promotions that are affixed and/or attached to the outside of the building and/or any windows fronting Montauk Highway are prohibited.
[6]
Signage and advertising shall not be permitted on bench seats, trash receptacles, cart corrals, bus shelter, or any other such appurtenance.
(r)
Shopping carts. A shopping cart management plan shall be provided with the site plan, demonstrating how shopping carts will be stored and maintained on site.
(s)
Trash receptacles and site amenities. Trash receptacles, bench seating and a bicycle rack shall be installed in convenient locations and shall be shown on the site plan for review and approval by the Planning Board.
(t)
Limits of clearing. A construction fence that delineates the limits of clearing shall be installed around the dripline of the natural vegetation that is to remain on site, for review and approval prior to commencement of construction.
(6)
Conditions. In addition to the standards above, the applicant shall comply with the following:
(a)
Approximately 4.05 acres of existing and contiguous vegetation on site shall remain in its natural and undisturbed state. The Planning Board shall require a nondisturbance and conservation easement for the northerly portion of the parcel behind the building.
(b)
The applicant shall submit a declaration of covenants and restrictions to the satisfaction of the Town Attorney for the perpetual maintenance and nondisturbance of the 0.72-acre wooded park area; said declaration of covenants and restrictions shall include a provision which explicitly confirms that passive public use of the park area will be allowed.
(c)
Prior to the issuance of a building permit, the applicant shall submit proof that the two subject properties (SCTM No. 900-221-3-16.1 and SCTM No. 900-221-3-18) have been merged into one parcel through the Suffolk County Office of Real Property.
(d)
As part of the site plan process, the applicant shall submit a detailed revegetation plan for the southern portion of the "flagpole" of SCTM No. 900-221-3-18. The Planning Board shall refer said revegetation plan to the Chief Environmental Analyst for review and recommendations prior to approval. The revegetated area shall be subject to maintenance bond requirements set by the Planning Board.
(e)
The applicant shall provide prior notification, at least two weeks, when the subject site is scheduled for clearing to the Town of Southampton's Department of Land Management for review and signoff of the limit of clearing fence prior to commencing construction.
(f)
Hampton Bays Connections, Inc., and the applicant shall continue to utilize their best efforts (in accordance with the "so-ordered stipulation of settlement") to secure a cross access easement across SCTM No. 900-221-3-17 (currently owned by Joseph S. Lach) to extend to the SCTM No. 900-221-3-19 parcel (currently owned by Kimco Development of Hampton Bays, Inc.). Within four months of the execution of such agreement and the receipt of any required subsequent permits and approvals from the Town, the applicant shall construct said cross access road to the specifications of the Town, with appurtenant sidewalks, curbing and landscaping.
(g)
The applicant shall install the proposed traffic signal at the intersection of the primary site entrance and County Road 80 (West Montauk Highway). In addition, a total of four traffic signals along Montauk Highway (CR 80) [namely the existing traffic signal at Bellows Pond Road, the proposed traffic signal at the subject property entrance, the existing traffic signal at the Macy's entrance and the existing traffic signal located at the intersection of CR80 and State Route 24] shall each be equipped with an emergency preemption device at the applicant's expense, subject to review and approval of the Suffolk County Department of Public Works (SCDPW) and NYS Department of Transportation.
(h)
The applicant and property owner shall continue to cooperate with the Town of Southampton, the Suffolk County Department of Public Works (SCDPW), the State of New York Department of Transportation (NYSDOT), and other abutting property owners in the area in the development of a long-term roadway improvement plan for the Montauk Highway and the potential south service road connecting to Sunrise Highway. The applicant, with the property owner's consent, shall submit to the Town Attorney's office for review and approval a future cross access agreement providing for the offer of cross access to any adjoining lot owner to the east and west for the nonexclusive right of unobstructed access over and across the subject HBWCIPDD premises for all ordinary purposes of ingress and egress of pedestrians and vehicles. The applicant shall secure any necessary work permits from the Suffolk County Department of Public Works (SCDPW) and the State of New York Department of Transportation (NYSDOT) prior to commencing any work along Montauk Highway and/ or Sunrise Highway.
(i)
The applicant shall not store or place any construction vehicles or equipment in the fifty-foot buffer along Montauk Highway or in the conservation buffer area to the north (rear) of the building.
(j)
Sidewalks shall be maintained along the frontage of Montauk Highway after construction of the entrance road, and new sidewalks shall be installed to connect with the existing sidewalks to the east along the frontage of Macy's/Kimco, subject to review and approval of SCDPW.
(k)
Beginning not more than 10 business days after the issuance of a certificate of occupancy for the supermarket and for the duration of the supermarket use at the subject premises, the applicant and/or the supermarket operator shall submit, on an annual basis, a monetary sum of $10,000 to the Town Board. A written agreement shall be submitted outlining the terms of this contribution, subject to review and approval by the Town Attorney. All such payments shall be held by the Town in a recreation (Park District) trust fund established for Hampton Bays and exclusively used for the physical improvement and development of neighborhood parks, playgrounds or other lands for public use located within the boundaries of the Hampton Bays Union Free School District.
(l)
Concurrent with the issuance of a building permit, the applicant shall remit a one-time payment to the Town Board of the monetary sum of $250,000 to be used for open space acquisition, Pine Barren/development right purchase, recreation or similar purposes within the boundaries of the Hampton Bays Union Free School District.
(m)
During the site plan process, the Planning Board shall coordinate with the Suffolk County Transit (SCT) for the installation of a bus shelter on site. Upon approval of the SCT, the applicant shall construct and maintain a cedar-clad bus shelter as outlined in the specific development standards section.[3] Signage other than bus schedules shall not be permitted on said shelter.
(n)
The site plan approval, conditions and requirements for the McDonald's restaurant as granted on June 10, 1999, shall remain in full effect unless otherwise noted herein or in the "so-ordered stipulation."
(o)
The Planning Board shall ensure that the site plan complies with any mitigating factors identified in the SEQRA findings statement in connection with traffic signal relocation if such relocation is required by Suffolk County DPW with respect to this property and specified as a requirement at the time of the initial issuance of the SCDPW highway work permit.
(p)
Any change of use within the HBWCIPDD shall require review and approval by the Town Board.
(q)
All easements, covenants and restrictions in connection with the HBWCIPDD shall be filed in the Suffolk County Clerk's office, after approval of form and substance by the Town Attorney's office and prior to the issuance of a building permit.
(r)
Any violation of the covenants and restrictions filed in connection with this PDD shall also be deemed a violation of this chapter, and the Town Board may avail itself of any and all remedies allowed by law. Further, as any violation shall be deemed a Southampton Town Code Zoning violation under Chapter 330, this will subject the applicant and property owners to any and all applicable fines and remedies thereunder.
P.
One Horse Agricultural Planned Development District.
(1)
Purpose. The purposes of the One Horse Agricultural Planned Development District ("the PDD") hereby created include the following:
(a)
To encourage the protection of farming and the business of farming in the Town of Southampton.
(b)
To recognize the importance of agriculture as both a vital local economic base and as a land form that provides the Town of Southampton with much of its rural, rustic character and scenic beauty.
(c)
To facilitate preservation of farmland by providing farm owners with a mechanism to access the equity in their properties by providing development rights that can be transferred or extinguished or sold to the Town at fair market value.
(d)
To enhance the Town 's support of farming.
(e)
To facilitate the farming of the parcel described below for a minimum of 10 years and reduce suburban sprawl.
(f)
To guarantee, in perpetuity, the preservation of a minimum of 5.59 acres as a separate parcel that shall be available for agricultural protection, whereas no subdivision provisions or open space provisions of the current Code would ensure this preservation.
(g)
To encourage the preservation of up to 80% of the remaining farmland within the Town of Southampton.
(2)
District boundary. The PDD shall consist of a parcel of 11.176 acres ("the property") situate in Bridgehampton and described as follows:
(a)
Beginning at a point on the easterly side of Pauls Lane marking the intersection of the southerly line herein described premises and the northerly line of premises now or formerly of R.O. Daisley, the following two courses and distances:
(b)
Running thence along the southerly line of Pauls Lane, South 79 degrees 49 minutes 00 seconds East 792.67 feet to a point, which point marks the intersection of the herein described premises and a right-of-way of the United States of America;
(c)
Thence from said point and along the westerly side of said right of way, South 19 degrees 49 minutes 10 seconds West, 590.61 feet to a monument and land of the United States of America;
(d)
Thence along land of the United States of America, the following two courses and distances;
(e)
Thence along land of in the certain subdivision known as Map of Summerfields at Mecox, filed September 30, 1983, as File No. 7235, North 75 degrees 06 minutes 50 seconds West 615.23 feet to a point and land now or formerly of S.D. Mahoney;
(f)
Thence along land now or formerly of S.D. Mahoney and land now or formerly of R.O. Daisley, North 44 degrees 12 minutes 41 seconds East 344.16 feet to a point marking the intersection of the herein described premises and land now or formerly of R.O. Daisley;
(g)
Thence still along land now or formerly of R.O. Daisley, North 75 degrees 06 minutes 50 seconds 400.00 feet to the westerly side of Paul's Land and the point or place of beginning.
(3)
Permitted uses. The use and development of the property shall be restricted to bona fide agricultural production, as defined in § 301 of the New York State Agriculture and Markets Law, and other uses related thereto as permitted under § 330-248G of the Code or, as required thereunder, the easement given by the owner of the property ("landowner") to the Town ("easement").
(4)
Development rights and Town's obligation to purchase. The Town shall provide the landowner with a development rights certificate for 6.15 development credits, as calculated pursuant to § 330-248G(2)(c) of the Code and the development yield factor set forth therein. Such development rights may not be used for development on the property until a minimum of 10 years has passed after the effective date of this Subsection P and the easement has been terminated, or earlier if they are part of a "conservation opportunities subdivision" or otherwise satisfy the requirements of § 330-248G of the Code. During the term of the easement, if the landowner so requests, the Town shall be obligated to offer to purchase one or more of such development credits or the fee title to the property at fair market value, as more particularly set forth in the easement.
(5)
Open space set-aside. As set forth in § 330-248G(2)(c) of the Code, the PDD is required to have a fifty-percent open space set-aside, the specific location of which shall be established at the time, if any, that the landowner seeks to develop the property and shall be designed to promote and foster agricultural production and to preserve the farmability of the property, firstly, by protecting the prime agricultural soils; secondly, by maintaining contiguity; and thirdly, to the extent possible, by protecting the scenic view.
(6)
Term; termination. This PDD and the restrictions created herein and under the easement shall expire and terminate no earlier than 10 years from the effective date hereof, except as otherwise provided herein or in § 330-248G(2)(b)[5] and [7] of the Code. The procedures for such termination shall be set forth in the easement.
Q.
(Reserved)
R.
Fowler Street Agricultural Planned Development District.
(1)
Purpose. The purposes of the Fowler Street Agricultural Planned Development District ("the PDD") hereby created include the following:
(a)
To encourage the protection of farming and the business of farming in the Town of Southampton.
(b)
To recognize the importance of agriculture as both a vital local economic base and as a land form that provides the Town of Southampton with much of its rural, rustic character and scenic beauty.
(c)
To facilitate preservation of farmland by providing farm owners with a mechanism to access the equity in their properties by providing development rights that can be transferred or extinguished or sold to the Town at fair market value.
(d)
To enhance the Town's support of farming.
(e)
To facilitate the farming of the parcel described below for a minimum of ten years and reduce suburban sprawl.
(f)
To guarantee, in perpetuity, the preservation of a minimum of 11.57 acres as a separate parcel that shall be available for agricultural protection, whereas no subdivision provisions or open space provisions of the current Code would ensure this preservation.
(g)
To encourage the preservation of up to 80% of the remaining farmland within the Town of Southampton.
(2)
District boundary. The PDD shall consist of a parcel of 23.146 acres ("the property") situate in Water Mill and described as follows: All that certain plot, piece, parcel of land situate, lying and being at Water Mill, Town of Southampton, Suffolk County, New York, known and designated as Lot 4 as shown on the subdivision map entitled "Minor Subdivision Map of Property of the Estate of Richard L. Fowler (Fowler Street)," filed in the Suffolk County Clerk's office on June 26, 1992, as Map No. 9239.
(3)
Permitted uses. The use and development of the property shall be restricted to bona fide agricultural production, as defined in § 301 of the New York State Agriculture and Markets Law, and other uses related thereto as permitted under § 330-248G of the Code or, as required thereunder, the easement given by the owner of the property ("landowner") to the Town ("easement").
(4)
Development rights and Town's obligation to purchase. The Town shall provide the landowner with a development rights certificate for 12.73 development credits, as calculated pursuant to § 330-248G(2)(c) of the Code and the development yield factor set forth therein. Such development rights may not be used for development on the property until a minimum of 10 years has passed after the effective date of this Subsection R and the easement has been terminated, or earlier if they are part of a "conservation opportunities subdivision" or otherwise satisfy the requirements of § 330-248G of the Code. During the term of the easement, if the landowner so requests, the Town shall be obligated to offer to purchase one or more of such development credits or the fee title to the property at fair market value, as more particularly set forth in the easement.
(5)
Open space set aside. As set forth in § 330-330-248G(2)(c) of the Code, the PDD is required to have a fifty-percent open space set-aside, the specific location of which shall be established at the time, if any, that the landowner seeks to develop the property and shall be designed to promote and foster agricultural production and to preserve the farmability of the property, firstly, by protecting the prime agricultural soils; secondly, by maintaining contiguity; and thirdly, to the extent possible, by protecting the scenic view.
(6)
Term; termination. This PDD and the restrictions created herein and under the easement shall expire and terminate no earlier than 10 years from the effective date hereof, except as otherwise provided herein or in § 330-248G(2)(b)[5] and [7] of the Code. The procedures for such termination shall be set forth in the easement.
S.
Green Thumb Agricultural Planned Development District.
(1)
Purpose. The purposes of the Green Thumb Agricultural Planned Development District (the "PDD") hereby created include the following:
(a)
To encourage the protection of farming and the business of farming in the Town of Southampton.
(b)
To recognize the importance of agriculture as both a vital local economic base and as a land form that provides the Town of Southampton with much of its rural, rustic character and scenic beauty.
(c)
To facilitate preservation of farmland by providing farm owners with a mechanism to access the equity in their properties by providing development rights that can be transferred or extinguished or sold to the Town at fair market value.
(d)
To enhance the Town's support of farming.
(e)
To facilitate the farming of the parcel described below for a minimum of 10 years and reduce suburban sprawl.
(f)
To guarantee, in perpetuity, the preservation of a minimum of 9.03 acres as a separate parcel that shall be available for agricultural protection, whereas no subdivision provisions or open space provisions of the current Code would ensure this preservation.
(g)
To encourage the preservation of up to 80% of the remaining farmland within the Town of Southampton.
(2)
District boundary. The PDD shall consist of a parcel of 18.06 acres ("the property") situate in Water Mill and described as follows: All that certain plot, piece, parcel of land situate, lying and being at Water Mill, Town of Southampton, Suffolk County, New York, bounded and described as follows:
(a)
Beginning at a rebar on the northerly side of Halsey Lane, said rebar being the following three courses and distances from the intersection formed by the easterly side of Proprietors Lane and the northerly side of Halsey Lane:
(b)
Running thence from said point of beginning, North 12 degrees 56 minutes 40 seconds East for a distance of 198.12 feet to a rebar;
(c)
Running thence North 78 degrees 24 minutes 20 seconds West for a distance of 171.50 feet to a rebar;
(d)
Running thence North 77 degrees 38 minutes 50 seconds West for a distance of 83.75 feet to a concrete monument;
(e)
Running thence North 06 degrees 30 minutes 10 seconds East for a distance of 157.62 feet to a rebar;
(f)
Running then North 01 degrees 55 minutes 40 seconds East for a distance of 250.74 to a point on the building zone division boundary, building zone OD on the north and building zone CR-80 on the south;
(g)
Running thence easterly along said division lines the following five courses and distances:
[1]
North 56 degrees 23 minutes 10 seconds East for a distance of 39.09 feet;
[2]
North 53 degrees 50 minutes 00 seconds East for a distance of 155.84 feet;
[3]
North 53 degrees 42 minutes 30 seconds East for a distance of 304.26 feet;
[4]
North 49 degrees 06 minutes 27 seconds East for a distance of 394.15 feet;
[5]
North 32 degrees 17 minutes 17 seconds East for a distance of 64.44 feet to a point;
(h)
Running thence South 19 degrees 16 minutes 45 seconds East for a distance of 167.05 feet to a rebar;
(i)
Running thence South 19 degrees 14 minutes 33 seconds East for a distance of 374.54 feet to a rebar;
(j)
Running thence South 10 degrees 03 minutes 57 seconds West for a distance of 779.95 feet to a concrete monument on the northerly side of Halsey Lane;
(k)
Running thence westerly by and with the northerly side of Halsey Lane the following four courses and distances:
[1]
South 88 degrees 04 minutes 15 seconds West for a distance of 205.82 feet to rebar:
[2]
North 89 degrees 21 minutes 20 seconds West for a distance of 155.85 feet to a rebar;
[3]
North 84 degrees 53 minutes 20 seconds West for a distance of 201.20 feet to a concrete monument;
[4]
North 78 degrees 24 minutes 20 seconds West for a distance of 37.95 feet to the rebar at the point or place of beginning.
(l)
Said property contains 18.066 acres more or less.
(3)
Permitted uses. The use and development of the property shall be restricted to bona fide agricultural production, as defined in § 301 of the New York State Agriculture and Markets Law, and other uses related thereto as permitted under § 330-248G of the Code or, as required thereunder, the easement given by the owner of the property ("landowner") to the Town ("easement").
(4)
Development rights and Town's obligation to purchase. The Town shall provide the landowner with a development rights certificate for 9.94 development credits, as calculated pursuant to § 330-248G(2)(c) of the Code and the development yield factor set forth therein. Such development rights may not be used for development on the property until a minimum of 10 years has passed after the effective date of this Subsection S and the easement has been terminated, or earlier if they are part of a "conservation opportunities subdivision" or otherwise satisfy the requirements of § 330-248G of the Code. During the term of the easement, if the landowner so requests, the Town shall be obligated to offer to purchase one or more of such development credits or the fee title to the property at fair market value, as more particularly set forth in the easement.
(5)
Open space set-aside. As set forth in § 330-248G(2)(c) of the Code, the PDD is required to have a fifty-percent open space set-aside, the specific location of which shall be established at the time, if any, that the landowner seeks to develop the property and shall be designed to promote and foster agricultural production and to preserve the farmability of the property, firstly, by protecting the prime agricultural soils; secondly, by maintaining contiguity; and thirdly, to the extent possible, by protecting the scenic view.
(6)
Term; termination. This PDD and the restrictions created herein and under the easement shall expire and terminate no earlier than 10 years from the effective date hereof, except as otherwise provided herein or in § 330-248G(2)(b)[5] and [7] of the Code. The procedures for such termination shall be set forth in the easement.
T.
Sandy Hollow Cove Residential Planned Development District (SHCRPDD).
(1)
Purposes and objectives. The Sandy Hollow Cove Residential Planned Development District (SHCRPDD) is designed to accomplish the findings, purposes, and long-term goals established by the Town Board as part of Article XXVI (Planned Development District) of the Code of the Town of Southampton, and especially those established for a residential planned development district. The SHCRPDD provides an alternative type of multifamily housing. The primary intent of the SHCRPDD is to provide an economically viable multifamily residential use consistent with the goals of the 1970 Town Master Plan and the 1999 Comprehensive Plan Update. In recognition of the rising cost of housing and the increase in population growth, the proposed action to amend the parameters of the existing residential planned development district is intended as a means to provide twenty-eight (28) community benefit units to the residents of the Town of Southampton. Establishment of the SHCRPDD will also support implementation of the overall goals and recommended actions identified in the Town's Comprehensive Plan by attaining the following objectives:
(a)
Promote an efficient and purposeful use of vacant and previously disturbed land.
(b)
Create a planned residential community providing housing that meets the social and economic needs of the residents of the Town of Southampton.
(c)
Increase the amount of quality affordable rental housing for Town residents or those working in the Town.
(d)
Create affordable housing that is in keeping with the historic, architectural, and material qualities of Southampton and does not stigmatize affordable housing.
(e)
Enhance property values in the Hamlet of Tuckahoe and surrounding areas.
(2)
District boundary. The SHCRPDD shall consist of the parcel designated as Suffolk County Tax Map No. 900-111-03-24, comprising approximately 2.61 acres located on the west side of Sandy Hollow Road, Town of Southampton, Suffolk County, New York, and more particularly described as all that certain plot, piece or parcel of land situate, lying and being in the Hamlet of Tuckahoe, Town of Southampton, County of Suffolk and State of New York, bounded and described as follows:
(a)
Beginning at a point on the westerly side of Sandy Hollow Road (County Road 52) distant the following five courses and distances from the corner formed by the intersection of the westerly side of Sandy Hollow Road (County Road 52) with the southerly side of West Neck Road:
[1]
Southerly along the arc of a curve having a radius of 5,762 feet a distance of 61.46 feet;
[2]
North 79 degrees, 04 minutes, 30 seconds West, 5.61 feet;
[3]
South 10 degrees, 02 minutes, 50 seconds West, 52.83 feet;
[4]
South 05 degrees, 56 minutes, 55 seconds West, 32 feet;
[5]
Southerly along the arc of a curve having a radius of 5,763 feet, a distance of 182.22 feet to the point of beginning.
(b)
Running thence from the point of beginning along the westerly side of Sandy Hollow Road (County Road 52), the following five courses and distances:
[1]
Southerly along the arc of a curve having a radius of 5,763 feet, a distance of 177.25 feet;
[2]
South 08 degrees, 15 minutes, 30 seconds West, 175.49 feet;
[3]
Thence North 52 degrees, 25 minutes, 20 seconds West, 617.38 feet;
[4]
Thence North 11 degrees, 02 minutes, 34 seconds East, 69.77 feet;
[5]
Thence South 79 degrees, 42 minutes, 00 seconds East, 537.70 feet to the westerly side of Sandy Hollow Road (County Road 52), the point or place of beginning.
(c)
The following permitted uses shall apply to lands within the SHCRPDD:
[1]
Multiple residential dwelling units within three (3) separate buildings.
[2]
Sewage treatment facility to be an accessory to this planned development, subject to the review and approval from the Suffolk County Department of Health Services.
[3]
Fences, arbors, trellises, balconies and patios, provided same are subject to site plan review and approval by the Planning Board.
[4]
Permitted buildings, structures and accessory uses for the residents and customarily incidental to the primary use:
[a]
Landscaped areas to include recreational facilities, including but not limited to benches, gazebo and picnic area.
[b]
Pedestrian-friendly walkways.
[c]
Bicycle racks, fountains and other similar site amenities.
[d]
Community space for laundry facilities, exercise room, storage and other customary uses incidental to the rental units.
[5]
Parking areas.
[6]
Bus shelter, if applicable.
(3)
Waiver of location standard. This project meets the criteria of a medium multifamily housing development as cited in § 330-246A (7)(c) in that the proposed development is greater than 20 units but less than 75 units and is going to be maintained by Georgica Green Ventures LLC in cooperation with the Town of Southampton Housing Authority which guarantees to develop and maintain 100% of the resultant rental housing as community benefit units. In accordance with this definition, a waiver of location is granted in accordance with the criteria set forth in § 330-246A(7)(e)[2].
(4)
Dimensional regulations. The following bulk, area, height, and dimensional regulations shall apply to lands within the SHCRPDD. Notwithstanding any provision in this chapter to the contrary, the Planning Board may, through the site plan review process, modify the standards required herein, provided that no significant adverse environmental impact to the property or its surroundings will occur, the change is considered minor, and the modification would better achieve the goals and objectives described within the legislative intent and this section.
(a)
Lot area, minimum: 2.61 acres.
(b)
Maximum lot coverage by main and accessory buildings: 20%.
(c)
Maximum building size: not to exceed 7,350 square feet, exclusive of basement and attic space.
(d)
Maximum total impervious surface area: 40%.
(h)
Buffer yards: A street buffer yard designed to be compatible with the architecture and design theme for the development shall be established and maintained along the property line fronting the subject property, with the exception of the required site access, using a combination of natural vegetation and native plantings. The planting plan shall be subject to review and approval by the Planning Board.
[1]
A buffer yard of a minimum of 10 feet shall be provided along all side property lines.
[2]
The Town Planning Board may increase or decrease the depth of a required buffer yard based upon findings that such an increase or decrease is warranted as a result of an analysis of existing on-site or off-site uses or dimensional conditions pertaining to the subject property or adjoining properties.
(5)
Yield, unit size, and occupancy. The number of dwelling units shall be no more than 28 units, and the total bedroom count shall not exceed 30 bedrooms. However, at no time shall the total occupancy of the complex exceed 46 people. The size of the rental units shall be consistent with the following standards:
(7)
Specific development standards.
(a)
A revised site plan must be submitted to the Town of Southampton Planning Board for review and approval pursuant to § 330-243B and §§ 330-181 to 330-184.1 of the Town Code of the Town of Southampton where the general layout and design shall be consistent with the basic concept plan prepared by PS&S Engineering last dated March 25, 2014, and elevations by DeLaCour & Ferrera Architects, last revised March 26, 2014, with any subsequent revisions based on requirements herein consistent with the intent that this development be designed to fit the traditional look and character of Southampton's vernacular architecture, which shall be considered as part of the Planning Board's site plan review process.
(b)
The Town Planning Board, in reviewing and approving a final site plan, shall ensure that the plan conforms to the requirements of the SHCRPDD.
(c)
The proposed architecture of the buildings shall be subject to the review of the Board of Architectural Review.
(d)
Site plan elements, architecture and design.
[1]
Dwelling units shall be coherently designed to include shared functional open space, off-street parking, and consistent landscaping.
[2]
Building construction and design shall reflect the traditional hamlet architecture with consideration to the special character of Southampton as a rural and resort community. In choice of exterior finish, care shall be taken to avoid the appearance of a development in which all units appear exactly the same. Exterior facades of dwelling units shall be designed to avoid blank walls through the use of building modulation, changes in materials, windows, and/or other design features. All building and utility appurtenances shall be screened.
[3]
Requirements. Buildings shall have a common design theme that provides variety and character within a project. Walls and roofs shall include separations, changes in plane and height, and architectural elements consistent with the design theme. Techniques for complying with this requirement include, but are not limited to:
[a]
Facade modulation;
[b]
Articulating each interval with architectural elements like a porch, balcony, bay window, and/or covered or recessed entry;
[c]
Articulating the roofline by stepping the roof and by emphasizing dormers, chimneys, or gables; and
[d]
Providing a ground or wall-mounted fixture, a trellis, a tree, or other site feature within each interval.
[4]
The primary material of the exterior of dwelling units shall be constructed with horizontal Hardi-Board siding or vertical plank with battens. In addition the project will use:
[5]
Orientation. Buildings shall be oriented for privacy as well as in relation to the streetscape, to the extent practicable. The applicant will screen all units facing parking areas to block all light from headlamps of vehicles from entering the units.
[6]
The development shall conform to the provisions of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) and Chapter 123 of the Southampton Town Code. In conformance with ADA requirements, The Planning Board shall assure that there is an adequate amount of dwelling units that will be designed with sensitivity to a convenient, safe, and secure environment for physically challenged persons.
[8]
Life safety requirements shall be determined by the Planning Board, in coordination with the Fire Marshal and Fire District, at the time of site plan review.
[9]
Energy. To the maximum extent practicable, the Planning Board shall assess and require energy conservation measures that may be appropriate for incorporation into building and site designs (e.g., Energy Star®, solar, water conservation/ low-flow irrigation, etc.).
[10]
Noise. During site plan review, the Planning Board shall assess and determine the need for noise-attenuating structures and/or building materials. The Planning Board may require a notification covenant for residents of this development to be advised of potential noise from preexisting uses surrounding the site.
(8)
Each individual dwelling unit shall, if practicable, be provided with a private outdoor space in the form of a patio, terrace, garden, courtyard, deck or balcony; said space shall be immediately adjoining and directly accessible to the dwelling unit which it serves and, if provided, shall be screened with plantings for privacy.
(9)
A sewage treatment plant shall be provided on site to be administered and maintained by Georgica Green Ventures LLC. Sampling and testing protocols for monitoring supply wells in the immediate area shall be established, and strict compliance with all requirements of the Suffolk County Department of Health Services for the wastewater treatment facility shall be maintained.
(10)
Landscaping. A formal landscape improvement plan for the entire site shall be submitted in conjunction with the final site plan. The landscape plan shall incorporate appropriate screening of building elevations, sewage treatment facility, maintenance buildings, off-street parking and interior delivery, service and trash facilities. The landscape plan may employ one or more of the following treatments: preserve and protect natural vegetation; introduce native vegetation; installation of screen fencing and walls. No more than 15% of the SHCRPDD shall be comprised of fertilizer-dependent vegetation.
(11)
Lighting. A comprehensive lighting plan shall be submitted in conjunction with the site plan for review and approval by the Town Planning Board. A lighting plan shall include the type, height, location, and illumination coverage of all proposed exterior lighting consistent with the requirements of Article XXIX, Outdoor Lighting, of Chapter 330 of the Town Code.
(12)
Drainage. All stormwater runoff originating from the property shall be retained on site. Adequate measures shall be taken to control soil erosion and stormwater runoff during construction and shall be subject to the approval of the Town Engineer.
(13)
Community benefit units.
(a)
All units on the premises shall be maintained as community benefit rental units. In accordance with the provisions of Fair Housing, the rental units shall be publicly marketed and a waiting list generated. To the extent permitted by federal and state funding programs, including, but not limited to, the Tax Credit Program administered by the New York State Homes & Community Renewal, the priority of households shall be as follows:
[1]
Ten percent of the units shall be set-aside for senior citizens. If no seniors file an application/ are qualified within the first 30 days of a rental period, the priority list shall continue as identified herein.
[2]
Income-eligible households residing year-round in the Town of Southampton in which at least one adult member is a qualified active member of fire/EMS volunteer community services in the Town, as defined in § 216-2. Higher priority will be given to households residing in the Tuckahoe/Southampton school district, zip code 11968.
[3]
Income-eligible households residing year-round in the Town in which one adult family member is an active-duty or honorably discharged veteran of the United States Armed Forces.
(14)
Basements. Any basements shall be used solely for storage and utility purposes and not for living space.
(15)
Parking and vehicular circulation. Off-street parking and truck loading improvements incorporated as part of the final site plan shall be designed in accordance with §§ 330-92 through 330-101 of the Town Code. Parking shall be prohibited on Sandy Hollow Road, from the project driveway north to the intersection of West Neck Road, to avoid obstructing site distances.
(a)
The SCHRPDD development shall use the parking calculations found within § 330-94 and shall include a sufficient amount of handicap-accessible spaces.
(b)
Alleys may be utilized where appropriate to provide access to parking facilities located in the rear or side yard or behind buildings.
(c)
Parking spaces shall in no case be considered an "extra" or an "upgrade" for any dwelling unit in the development.
(16)
The impact of driveways and parking lots on pedestrians' and neighboring properties shall be minimized by designing, locating, and screening the parking areas in a way that creates few interruptions on the street, sidewalk, or building façade:
(a)
Minimizing the number and width of driveways and curb cuts;
(b)
Locating parking in areas that are less visible from the street;
(c)
Locating driveways so they are less visually dominant. Berms and landscaping may be used to screen them when they are visible from the street;
(d)
Landscaping shall be designed to provide natural screening for the following: to buffer parking, to buffer any developed adjacent areas, and to buffer the adjacent Sandy Hollow Road.
(17)
Pedestrian circulation. Pathways shall be utilized to connect all housing units to the community open space areas and recreation areas. Pathways shall be sufficiently wide to accommodate walkers, joggers, and bicyclists and should be easily accessed from all housing units.
(18)
Preservation of natural vegetation. The site design shall be configured in such a way as to prioritize the preservation of remaining natural vegetation. If present, the Planning Board may require large-caliper trees to be mapped and preserved, to the extent practicable.
(19)
Slopes. The site development application shall include a slope analysis depicting areas of slopes in ranges 0% to 10%, 11% to 15%, and 15% and greater. Construction in areas where slopes exceed 10% may be approved if the design incorporates adequate soil stabilization and erosion control measures so as to mitigate negative environmental impacts. Erosion and sediment control plans, details of retaining walls, and erosion control structures shall be required for construction in areas where slopes exceed 15% and for roads and driveways traversing slopes of 10%.
(20)
Water conservation. The use of water-saving or low-flow plumbing fixtures shall be required for all buildings within the SHCRPDD. All irrigation systems shall be equipped with moisture sensors capable of detecting 1/8 inch of rainfall and automatically interrupting and preventing the irrigation from operating.
(21)
Public water approval. The site shall be served by a SCWA public water main extended from Sandy Hollow Road to the subject property, and an easement on the project site shall be afforded to the adjoining properties to allow connection into the water main, if desired.
(22)
Firesafety requirements. If an interior alarm is installed, a central fire alarm monitoring box shall be installed at a location with easy access for fire personnel. Also, firewalls/stops are to be constructed from ground level up to and including attic areas consistent with state and local codes. All units shall be fully sprinklered. Finally, the open area between buildings should conform to NFPA codes.
(23)
Conditions:
(a)
Sidewalks shall be provided along the property's street frontage of Sandy Hollow Road, or payment into a sidewalk trust fund or escrow for this purpose may be provided.
(b)
If found appropriate, a cedar-clad bus shelter on concrete pad (in conformance with the design specifications known as the "Peconic Model" to be provided to the applicant by the Town of Southampton's Transportation Director), equipped with dark-sky compliant solar lighting, shall be installed or cash in-lieu provided by the developer subject to review and approval by the Planning Board and Suffolk County Department of Public Works.
(c)
The sewage treatment plan shall be designed to have two forms of backup power (e.g., generator and natural gas) in order to ensure no loss of service.
(d)
Covenants. Covenants and restrictions in connection with the dwellings of the SHCRPDD shall be filed in the Suffolk County Clerk's office after approval of form and substance by the Town Attorney's office and prior to the issuance of a building permit. All covenants and restrictions required by the Town Board as conditions of approval shall only be modified, waived, amended, repealed or terminated by the Town Board, after a public hearing and a Town Board approval by a majority plus one. The following covenants are required as a condition of approval:
[1]
Subletting of units by tenants is prohibited. Said restriction shall be incorporated into covenants and restrictions to be filed with the Suffolk County Clerk prior to the issuance of a building permit.
[2]
Alteration of facades and the construction of additions or any other type of appurtenance other than those approved by the Planning Board through the site plan process is prohibited.
[3]
Occupancy standards and limits as required herein shall be specifically set forth in a covenant and filed in the Suffolk County Clerk's office prior to the issuance of any certificate of occupancy.
[4]
Failure to file these covenants and/or comply with the conditions of this approval prior to receiving a building permit in accordance herewith shall be deemed a violation of the conditions of this zoning approval and may be grounds for the Town to initiate proceedings to revert the zoning of the subject parcel back to its prior zoning classification after a public hearing.
(e)
All certificates of occupancy issued for the dwelling units of the SHCRPDD shall be designated as community benefit units with the number of bedrooms identified and shall be endorsed with a notation that occupancy of such units is conditioned upon continued compliance with the provisions of this section, Chapter 330, Chapter 216, and any other applicable law, rule and/or regulation.
(f)
A payment-in-lieu of taxes (PILOT) agreement shall be established, in consultation with the Town Attorney and Town Assessor, of a sum beginning at $15,000 per year to commence the first year after the final certificate of occupancy is issued and increase incrementally based on the consumer price index (CPI) or similar agreed-upon schedule, subject to approval by the Town Board.
(24)
Expiration. This Subsection T shall take effect upon the filing of this Subsection T with the Secretary of State pursuant to the Municipal Home Rule Law. Pursuant to § 330-244J, this Subsection T shall expire on June 18, 2018, unless the appropriate Planning Board approvals have been obtained and substantial construction has begun.
U.
Fairfield Southampton Residential Planned Development District (FSRPDD).
(1)
Purpose and objectives.
(a)
The Fairfield Southampton Residential Planned Development District (FSRPDD) is designed to accomplish the findings, purposes, and long-term goals established by the Town Board as part of Article XXVI, Planned Development District, of the Code of the Town of Southampton, and specifically those established for a residential planned development district (RPDD). The RPDD provides an alternative type of residential housing. The Town Board of the Town of Southampton recognizes that given present economic factors and the rapidly accelerating costs of buying a single-family residence, the Town Board deems it necessary to provide for such housing within the Town. The FSRPDD also facilitates the use of public transportation, as the site is situated along a public bus route and will incorporate the construction of a bus shelter, as may be desired by the Suffolk County Department of Public Works, on County Road 39 as one of the public benefits.
(b)
The FSRPDD also supports implementation of the 1999 Town of Southampton Comprehensive Plan Update and:
[1]
Increases the amount of affordable housing for citizens in the Town, not only for moderate-income but also for middle-income citizens that are priced out of the market;
[2]
Creates affordable housing that is in keeping with the historic, architectural, and natural qualities of the Town;
[3]
Maintains the residential character of Tuckahoe; and
[4]
Helps to retain the view sheds along this portion of County Road 39 by providing an appropriate design and appropriate landscaping.
(c)
The FSRPDD development shall be designed to incorporate "traditional neighborhood design" and "smart growth" principles, including providing centralized green(s), around which the residential units will be situated, thereby providing places for the residents to gather and/or engage in recreational activities; constructing sidewalks throughout the development, on-street parking, and rear-facing garages to facilitate compact development; providing connections to public transportation and future pedestrian cross access for adjacent uses; and providing building designs that are residential in character, well articulated but not overly exaggerated, that incorporate the traditional architectural features characteristic of the Town of Southampton (including porches). In addition, the FSRPDD shall provide a sewage treatment facility that meets Suffolk County Health Department standards to protect groundwater resources. By enabling a density of approximately 6.8 units per acre, the FSRPDD will be able to provide multiunit condominiums, in a creative, desirable, and aesthetic design, that will help achieve the affordable housing goals of the Town. Moreover, the FSRPDD provides these housing opportunities in a manner that is considered transitional, beneficial and compatible with the surrounding land uses.
(d)
Based on the foregoing, the FSRPDD provides public benefits through:
[1]
The provision of 15 community benefit units, five middle and 10 moderate income, among the 50 total units to be developed, with the first offering of all units, including market-rate units exclusively to residents of Southampton for a six-month period;
[2]
The construction of sidewalks;
[3]
The construction of internal streets that are lined with deciduous trees to reflect traditional neighborhood design (TND) standards;
[4]
The construction of other accomodations as required by the county to provide a safe accessway to the nearby shopping center across County Road 39;
[5]
Providing a substantial berm with significant and mature vegetation along the Long Island Rail Road frontage to provide year-round visual screening as well as substantial interior and perimeter plantings;
[6]
Construction of a cedar-clad bus shelter in front of the site to facilitate use of public transportation;
[7]
Facilitating agreements with the Town and buses about access to beaches and community activities;
[8]
Contribution of park fees representing $1,000 per market-rate unit (total of $35,000) to the Town to facilitate additional recreational amenities for the community of Tuckahoe;
[9]
Contribution of a traffic device to facilitate ambulance and fire service response to the subject property, and access and egress to County Road 39 from Tuckahoe Lane; and
[10]
Installing of fire sprinklers within all residential buildings to enhance life safety.
(e)
As indicated above, establishment of the FSRPDD helps implement the overall goals and recommendations of the 1999 Town of Southampton Comprehensive Plan Update. Specifically, the FSRPDD:
[1]
Creates a planned residential community that helps address the social and economic needs of the residents of the Town of Southampton;
[2]
Increases the amount of affordable housing in the Town and helps to disperse it throughout the Town;
[3]
Provides affordable housing that is in keeping with the historic, architectural, and natural qualities of the Town and does not stigmatize the residents of such housing;
[4]
Establishes innovative land use and zoning standards;
[5]
Allows development of a community wherein the housing type, layout and arrangement encourages the creation and preservation of a sense of place, pride, and values;
[6]
Effectively protects groundwater resources by providing a sewage treatment system;
[7]
Provides open space;
[8]
Encourages comprehensive and innovative planning and design of the highest quality;
[9]
Encourages the use of public transportation; and
[10]
Preserves open space.
(2)
District boundary. The Fairfield Southampton Residential Planned Development District shall consist of one parcel designated as Suffolk County Tax Map No. 0900-158-2-13.1, comprising approximately 7.288 acres located on the south side of County Road 39, the east side of Tuckahoe Lane, Tuckahoe, Town of Southampton, Suffolk County, New York, as shown on a survey prepared by Constance Pilnacek, dated December 22, 2004, and more particularly described as all that certain plot, piece or parcel of land situate, lying and being at Tuckahoe, in the Town of Southampton, County of Suffolk and State of New York, being more particularly bounded and described as follows:
(a)
Beginning at a monument set at the intersection of the southerly side of Tuckahoe Street (County Road No. 39) and the easterly side of Tuckahoe Lane;
(b)
Running thence North 70 degrees 30 minutes 00 seconds East along the southerly side of Tuckahoe Street (County Road No. 39) 578.58 feet to lands of the County of Suffolk;
(c)
Thence South 28 degrees 27 minutes 00 seconds West along lands of the County of Suffolk, 380.71 feet;
(d)
Thence South 61 degrees 33 minutes 00 seconds East along lands of the County of Suffolk, 80.00 feet;
(e)
Thence South 28 degrees 27 minutes 00 seconds West, 150.00 feet;
(f)
Thence South 16 degrees 33 minutes 00 seconds East, 28.28 feet;
(g)
Thence South 28 degrees 27 minutes 00 seconds West 308.16 feet to the Northerly side of lands of the Long Island Rail Road;
(h)
Thence North 80 degree 03 minutes 30 seconds West along the north line of said lands of said Long Island Rail Road, 454.95 feet to the easterly side of Tuckahoe Lane;
(3)
Permitted uses within the FSRPDD may include the following uses only, subject to review and approval by the Planning Board and compliance with all applicable laws, rules and regulations:
(a)
Two- and three-bedroom residential condominiums
(b)
Parking areas; detached garages.
(c)
Sewage treatment facility (Cromaglass or similar as approved by the Suffolk County Department of Health Services), to be accessory to the planned development, subject to review and approval from the Suffolk County Department of Health Services.
(d)
Fences, arbors, trellis, walkways, decks and patios, provided same are subject to site plan review and approval by the Planning Board.
(e)
Permitted buildings, structures and accessory uses for the residents and their guests and customarily incidental to the primary use:
[1]
Landscaped area to include passive recreational facilities, such as benches and picnic areas; gazebo.
[2]
Pedestrian trails; exercise trails; pedestrian-friendly walkways, etc.
[3]
A nonprofit community building with indoor/outdoor recreational facility such as a community swimming pool
[4]
Bus shelter.
(4)
Dimensional regulations. The following bulk, area, height and dimensional regulations shall apply within the FSRPDD. Notwithstanding any provision in this chapter to the contrary, the Planning Board may, through the site plan review process, modify the standards required herein, provided that: no significant adverse environmental impact to the property or its surroundings will occur, the change is considered minor, and the modification would better achieve the goals and objectives described within the legislative intent and this section.
(a)
Lot area, minimum: 7.288 acres
(b)
Maximum lot coverage by main and accessory buildings: 13.48%.
(c)
Maximum number of buildings:
(d)
Minimum lot area per dwelling unit: 6,349 square feet.
(e)
Maximum total impervious surface area: 39%.
(h)
Yards, accessory buildings and structures, including detached garages, except fences and retaining walls:
[1]
Distance from (internal) street: The Town Planning Board may increase or decrease the distance from (internal) street based upon findings that such an increase or decrease is warranted as a result of an analysis of existing on-site or off-site uses or dimensional conditions pertaining to the subject property or adjoining properties.
[2]
Distance from (perimeter) side and rear lot lines: The Town Planning Board may increase or decrease the distance from (perimeter) side and rear lot lines based upon findings that such an increase or decrease is warranted as a result of an analysis of existing on-site or off-site uses or dimensional conditions pertaining to the subject property or adjoining properties.
(i)
Buffer yards.
[1]
A buffer yard shall be established and heavily landscaped along the entire property line fronting County Road 39. Landscaping shall be staggered, and of sufficient height to fully diffuse and screen the mass and scale of the development from street view year-round. Cromaglass or similar sewage system shall be screened from view from both traffic on County Road 39 and residential buildings on and off the site. The Town Planning Board may increase or decrease the buffer yard along the entire property line fronting County Road 39 based upon findings that such an increase or decrease is warranted as a result of an analysis of existing on-site or off-site uses or dimensional conditions pertaining to the subject property or adjoining properties.
[2]
A buffer yard of a minimum width of 50 feet shall be provided along Tuckahoe Lane. Other landscaping requirements shall be implemented by the Planning Board.
[3]
The Town Planning Board may increase or decrease the depth of a required buffer yard based upon findings that such an increase or decrease is warranted as a result of an analysis of existing on-site or off-site uses or dimensional conditions pertaining to the subject property or adjoining properties. In no case shall the Tuckahoe Lane buffer yard be less than 50 feet.
(5)
Yield and unit size.
(a)
The total number of dwelling units within the FSRPDD shall not exceed 50.
(b)
The size of the market-rate units shall be limited to a maximum total gross floor area of 2,400 square feet and a minimum total gross floor area of 1,195.8 square feet, exclusive of basements, garages, and attics, if any, unless altered by the Planning Board in exchange for a reduction in total building square footage, so that the project meets the needs and design characteristics of the Tuckahoe hamlet.
(c)
The size of the 15 two-bedroom community benefit units shall be limited to a minimum of 900 square feet and a maximum total gross floor area of 1,340 square feet, exclusive of basements, garages, and attics, that, after the inclusion of expenses for electricity, heat, water, etc., remains affordable.
(d)
The total number of bedrooms on site shall not exceed 132. Both two and three bedrooms are allowed in market-rate units. All of the 15 community benefit units shall have two bedrooms.
(7)
Specific development standards.
(a)
A revised site plan must be submitted to the Town of Southampton Planning Board for review, refinement and approval pursuant to § 330-243B and §§ 330-181 through 330-184.1 of the Town Code of the Town of Southampton. The proposed development shall be consistent with the conceptual plan entitled "Fairfield at Southampton" prepared by Thomas Pirkl, last dated January 20, 2009, and, subject to the Planning Board's review, either the architectural elevations prepared by Thomas Pirkl, dated January 12, 2009, or the architectural elevations as revised by the Town's consultant ADL III, dated April 13, 2009, and further subject to revisions that conform to dimensional requirements, height requirements, and other performance standards outlined herein.
(b)
The Town of Southampton Planning Board, in reviewing and approving a final site plan, shall ensure that the plan conforms to the requirements and intent of the FSRPDD.
(c)
All construction shall be subject to the review of the Board of Architectural Review, pursuant to Article XIX of this chapter, or its successor. The design and location of all site improvements and all buildings must be consistent with the ultimate purpose of achieving pleasant living arrangements for all occupants.
(d)
Site plan elements.
[1]
Architecture and design. Building construction and design shall reflect traditional hamlet architecture, with consideration being given to the special character of Southampton as a rural and resort community.
[a]
Requirements. Buildings shall have a common design theme that provides variety and character within the project. The design shall maintain proportional scale and massing with details appropriate the architectural style emulated. In the choice of exterior finishes, care shall be taken to avoid the appearance of a development in which all units appear exactly the same. Walls and roofs shall include separations, changes in plane and height, and architectural elements such as porches, dormers, and cross-gables. Suggested techniques for complying with this requirement include, but are not limited to:
[i]
Facade modulation (e.g., stepping back or extending forward portion of the facade for each interval) to minimize bulk and massing of buildings;
[ii]
Articulating each interval with architectural elements such as porches, balconies, bay windows, etc;
[iii]
Articulating the roofline by stepping the roof and by emphasizing dormers, chimneys, or gables; and
[iv]
Providing a ground or wall-mounted fixture, a trellis, a tree, or other site feature within each interval.
[b]
Exterior. Facades of dwelling units shall be designed to avoid monotony and blank walls. The exterior of the dwelling units shall be constructed with Hardiplank® or similar quality material.
[c]
Porches: designed in accordance with requirements of the Planning Board and Architectural Review Board.
[d]
Energy. To the maximum extent practicable, the Planning Board shall assess energy conservation measures that may be appropriate for incorporation into building and site designs (e.g. Energy Star® in market-rate units, water conservation/low-flow irrigation, etc.).
[e]
Noise. The Planning Board my require the applicant to incorporate noise attenuation building materials in all dwelling units and the recording of a notification covenant for residents of this development to be advised of potential noise from the Long Island Rail Road and commercial uses surrounding the site.
[2]
Privacy.
[a]
Buildings shall be oriented for privacy, to the extent practicable, both within the project and in relation to the surrounding properties. Suggested techniques for complying with this requirement include, but are not limited to:
[i]
Reducing the number of windows or decks on the proposed building which overlook the neighbors;
[ii]
Staggering windows to avoid aligning with adjacent windows;
[iii]
Increasing the side or rear yard setback, or stepping back the upper floors so that window areas are farther from the property line.
[iv]
Any proposed fencing shall be part of a coordinated plan for the entire site and consistent with § 330-109.
[v]
Gatehouse or driveway entrance gates may be permitted provided that the gates are not internally lit and emergency personnel can readily access the development.
[b]
In addition to the above, each housing unit shall be oriented toward an internal street or common green, with primary entrances and porches facing these features.
[3]
General floor plan and site design objectives. To the extent that the proposed floor plans affect external appearance and unit circulation under the ADA and similar requirements, floor plans shall be reviewed by the Planning Board with referral to the Architectural Review Board to determine compliance with the standards outlined herein and to obtain any additional recommendations that will help to maximize functionality, privacy, and accessibility:
[a]
Accessibility. The development shall conform to the provisions of the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA) by implementing the American National Standards (ANSI) for buildings and facilities providing accessibility and usability for physically handicapped persons. To this end, the Planning Board shall:
[i]
Ensure that construction and arrangement of each dwelling unit is done in a cost-effective yet dignified and pleasant manner, assuring a convenient, safe, and secure environment for all persons residing in such development, whether active or physically challenged, youthful or elderly.
[ii]
Ensure that all designs allow for future renovations, if needed, to meet the requirements for accessibility pursuant to the ADA.
[b]
Universal design. Residential units, to the extent practicable, shall incorporate visitable and adaptable design concepts by conforming to the supplemental design requirements listed in Chapter 123, Article IV, Universal Design, including but not limited to:
[i]
Due consideration shall be given in planning walks, ramps, and driveways to prevent slipping or stumbling, and handrails and ample places for rest shall be provided. Gradients of walks shall not exceed 5% and single riser grade changes in walks shall not be permitted, unless it is impractical to do so because of terrain or unusual characteristics of the site.
[ii]
All outdoor areas available to residents shall permit such residents to move about without danger and with minimum effort.
[c]
Life-safety requirements.
[i]
In accordance with the recommendations of the Southampton Fire District, all attached dwelling units shall be equipped with fire sprinklers as per National Fire Protection Association NFPA Life-Safety Residential Code.
[ii]
All basements, if any, shall have outside entrances; however, units shall comply with the three-story height limitation.
[iii]
Coordination with the Southampton Fire District is required in the event that a central alarm system is proposed for installation.
[iv]
All staircases shall be straight-runs to facilitate extraction needs for emergency medical service providers and the comfort and convenience of occupants requiring medical attention.
[v]
All units shall be equipped with an emergency pull cord.
[vi]
The recreational facility (clubhouse) shall be provided with an automatic defibrillator (AED), and the site plan shall ensure adequate parking area reserved for emergency services adjacent to the clubhouse area.
[vii]
Common attics and basements or crawlspaces shall be prohibited.
[viii]
Fire hydrants shall be required in such number and location as determined by the Planning Board during site plan review, after referral to the Fire Marshal and Fire District having jurisdiction.
[4]
Utilities and services.
[a]
Water supply and sewage disposal. The FSRPDD shall be served by public water. All necessary approvals shall be obtained from the Suffolk County Department of Health Services for sewage disposal and water supply. For the purpose of fire protection, the Planning Board shall solicit comments and review from the Fire Marshal pursuant to § 330-184C.
[b]
Water mains shall be designed in accordance with the specifications of the Suffolk County Water Authority. Easements necessary for maintenance of the system required shall be specified by the Planning Board during site plan review.
[c]
Drainage. Stormwater drainage systems shall be designed so that all potential runoff will be recharged on site. The calculation of stormwater retention and the design of the drainage system shall be subject to review and approval of the Town Engineer.
[d]
Refuse storage and collection. Plans for the storage and collection of refuse shall be subject to Planning Board approval. The outside storage of refuse shall be in rodentproof containers conveniently located and enclosed or otherwise screened from view. Such facilities shall comply with all setback requirements applicable to accessory buildings and shall be fully screened. Regular trash collection shall be required. The Planning Board may impose additional covenants to ensure property maintenance and upkeep where necessary.
[e]
Utilities and screening of appurtenances on building facades. All utilities, including electric, telephone and cable television service, shall be placed underground. Utility meters and other appurtenances shall be screened by lattice enclosures and/or landscaping to soften appearance. Condensing units and other mechanical systems shall likewise be screened, to be determined by the Planning Board.
[5]
Other conveniences.
[a]
Laundry. Each unit shall contain a washer and dryer.
[b]
Mailboxes. Each unit may have a private mailbox, or a common mailbox facility may be located in a convenient area for occupant retrieval as well as postal delivery.
[c]
Cable television. Each unit shall be wired for cable television and Internet access.
[6]
Common open space. In order to provide focal points for community recreation and interaction that adds to the quality of life for residents, common open space areas shall be integrated into the design and not be residual areas left over after buildings and parking lots are sited, as follows:
[a]
The minimum amount of common open space shall be 300 square feet per unit; final determination to be made by the Planning Board.
[b]
Open space areas shall be clearly identified on the site plan submitted for review and approval by the Planning Board. Such designated open space may be in a natural, undisturbed state; may be landscaped for more formal courtyards or plazas; or may be designed for active and passive recreation.
[c]
Areas not allowed as part of common open space. The following shall not count toward common open space set-aside requirements:
[i]
Private yards, balconies, patios, decks or other similar appurtenance dedicated for use by a specific unit;
[ii]
Public right-of-way or private streets and drives;
[iii]
Open parking areas and driveways for dwellings;
[iv]
Land covered by structures except for ancillary structures associated with the use of the open space such as gazebos and picnic shelters or recreational facilities as provided in Subsection U(7)(d)[7] below;
[v]
Land areas between buildings and parking lots or driveways of less than 40 feet;
[vi]
Required perimeter setbacks; and
[vii]
Detention/retention facilities, including drainage swales, except that detention or retention areas and stormwater management structures or facilities may be determined by the Planning Board to meet the required common open space amount, provided such areas or facilities are accessible and usable as year-round community amenities by the residents of the development (e.g., picnic areas, passive recreation areas, etc.) and will not cause detriment to the health, safety and welfare of the residents.
[d]
Design criteria. Common open spaces, other than those preserved as natural features or areas, should include gardens, courtyards, or recreation areas. Compliance with this requirement may include providing the following features:
[7]
Recreational facilities. The two-thousand-square-foot on-site, nonprofit community recreational building may be counted toward the common open space requirement.
[8]
Private outdoor space. Each individual dwelling unit shall be provided with a private outdoor space in the form of a patio, terrace, garden, courtyard, deck or balcony, which space shall be immediately adjoining and directly accessible to the dwelling unit which it serves. To avoid the possibility of disparate building materials that may affect the appearance of the overall development, all private outdoor spaces shall be subject to review and approval by the Planning Board as part of the site plan submission for the entire development. Said review may provide for approval of a palette of options the homeowners will choose from (deck, patio, etc.) and specifications for installation (e.g., setbacks for decks, etc.).
[9]
Pedestrian circulation. Pathways shall be utilized throughout the development to connect all housing units to the community open space areas and active and passive recreation areas. Pathways shall be sufficiently wide to accommodate walkers, joggers, and bicyclists and should be easily accessed from all housing units. Park benches and suitable resting places along pedestrian pathways and walking trails may be provided to encourage outdoor activity and active lifestyles. A comprehensive and unified pedestrian and bicycle access and circulation plan shall be submitted in conjunction with the final site plan, to include provisions for future cross-access (pedestrian and bicycle paths) with adjacent properties.
[10]
Landscaping. The applicant shall be required to prepare and submit a comprehensive landscape plan for review and approval by the Planning Board, including but not limited to the following:
[a]
Landscaping along Tuckahoe Lane, County Road 39, the railroad tracks, and appropriate low-lying vegetation for the green/open space areas.
[b]
A landscape planting area shall be provided next to all sidewalks throughout the development and planted with deciduous street trees at a consistent spacing (minimum: 22 feet on center; maximum: 35 feet on center). Corner intersections shall be landscaped with street trees, shrubs and appropriate ground cover.
[c]
A formal landscape plan for the entire site shall be submitted in conjunction with a site plan. The landscape plan shall incorporate appropriate screening of buildings, elevations, sewage treatment facility, maintenance building, off-street parking and interior delivery, service, and trash facilities.
[11]
Exterior lighting. A lighting plan shall be submitted to the Planning Board for review and approval as part of the overall plan submission for the development. A lighting plan shall include the type, height, location, and illumination coverage of all proposed exterior lighting. Site lighting shall be provided along walkways throughout the project that is pedestrian scale, and low in height and intensity, as well as security lighting in parking areas and trail/recreational areas.
[a]
Lighting fixtures shall have a maximum height of 12 feet; shorter pedestrian-scaled lighting with a maximum height of 10 feet is preferred where sidewalks are present.
[b]
All outdoor lighting fixtures shall be of a type containing shields, reflectors, fracture panels or recessed light sources such that the cutoff angle is less than 90°. The cutoff angle is an angle formed by a line perpendicular to the ground and a line drawn from the light source in the direction of light rays.
[c]
All new or replacement permanent outdoor luminarias shall be required to be fully shielded and energy efficient. Any structural part of the light fixture providing this shielding must be permanently affixed.
[d]
All outdoor lighting shall be designed, located, lamped, and directed to prevent light pollution, including excessive lighting, glare, light trespass, and sky glow.
[e]
The permitted illumination average shall be calculated in footcandles and measured for the required area only.
[f]
The maximum maintained illumination average shall not exceed 2.0 footcandles. The minimum maintained illumination average shall not be less than 0.5 footcandles.
[12]
Parking.
[a]
The FSRPDD development shall provide a minimum of 106 parking spaces and a maximum of 116 parking spaces and shall include a sufficient amount of handicap-accessible spaces.
[b]
Detached garages may be used in the parking count determination.
[c]
All on-street parking shall be designed in coordination with sidewalks and street trees at regularly spaced intervals.
[d]
Where provided, small parking lots shall include trees and appropriate groundcover, to be located in internal planting islands or along the perimeter of the parking lot.
[e]
Where appropriate, parking spaces may be designed at a larger-than-average width to accommodate special needs.
[f]
Parking spaces shall in no case be considered an "extra" or an "upgrade" for any dwelling unit in the development.
[14]
Energy. All units shall be rated as a New York Energy Star® labeled home prior to the issuance of any certificate of occupancy.
(e)
Community benefit units. There shall be maintained on the premises at all times 15 community benefit units, five middle and 10 moderate income, as defined in Chapter 216 of the Town Code.
[1]
Priority of households. The Town or its agent shall determine from the list of applicants who have received certificates of eligibility, to the extent permitted by federal and state funding programs, the priority of households which will be as follows:
[a]
Income-eligible, bona fide residents of Tuckahoe, Shinnecock Hills, and Southampton, zip code 11968, in accordance with standards established by the Town or its agent;
[b]
Income-eligible, bona fide residents of the Town of Southampton in accordance with standards established by the Town or its agent;
[c]
All other income-eligible applicants.
[2]
Owner occupancy of community benefit units. The owner of a community benefit unit is required to occupy the unit as his/her primary residence and shall not lease any portion of such unit, as an absentee landlord or otherwise. In the event the owner of a community benefit unit fails to occupy said unit as his/her primary residence, or in the event he/she rents said premises or any portion thereof or conveys or contracts to convey said unit or any portion thereof to an absentee landlord or an ineligible buyer, or conveys or contracts to convey all or any portion of the owner's interest in said unit to an ineligible buyer, all shall be deemed a violation of this section. A covenant and restriction shall be filed reflecting the mandates of this subsection pursuant to Town Code Chapter 216.
(8)
Conditions.
(a)
As a requirement of the residential planned development district, covenants and restrictions approved by the Town Attorney's office and recorded with the Suffolk County Clerk's office prior to the issuance of a building permit shall be filed on the subject parcel(s) providing the following:
[1]
The premises shall be developed and maintained, subject to the resale provisions of Chapter 216, with 15 non-age-restricted and owner-occupied community benefit units, five moderate and 10 middle income.
[2]
The owner of any dwelling unit shall not sublease any portion of his/her premises, as an absentee landlord or otherwise. Basements, attics and garages, if any, shall not be used as habitable living space or sleeping quarters.
[3]
The recreation/community center building or any part thereof shall at no time be eligible for conversion into a dwelling unit.
[4]
All community benefit units shall be owner-occupied and certified in accordance with Town Code § 216-5C(3)(b). Market rate dwelling units may be rented by their owners as per the requirements in Town Code Chapter 270. No short-term rentals shall be permitted.
[6]
Individual residents shall not alter or change facades or construct additions or any other type of appurtenance other than those approved by the Planning Board through the site plan process.
[7]
Failure to file these covenants prior to, and/or comply with the conditions of this approval prior to, receiving a building permit in accordance herewith shall be deemed a violation of the conditions of this zoning approval and may be grounds for the Town to initiate proceedings to revert the zoning of the subject parcel(s) back to its/their prior zoning classification after a public hearing.
[8]
All covenants and restrictions required by the Town Board as conditions of approval shall only be modified, waived, amended, repealed or terminated by the Planning Board, after a public hearing and a Planning Board approval by a majority plus one.
(b)
Prior to the issuance of the first certificate of occupancy, the developer shall pay a park fee to the Town in the amount of $1,000 per residential unit, excluding the community benefit units reserved for moderate-income or middle-income households. All such payments shall be held by the Town in the Park District fund established for Tuckahoe and exclusively used for the physical improvement and development of neighborhood parks, playgrounds or other lands for public use located within the boundaries of the Tuckahoe school district.
(c)
Prior to the issuance of a building permit, the developer shall pay a one-time contribution of $30,000 to the Town of Southampton for a traffic preemption device to be installed at a traffic light serving the development at the discretion of Suffolk County Department of Public Works.
(d)
Sidewalks shall be provided along all internal and external street frontages, including County Road 39 and Tuckahoe Road.
(e)
The applicant shall construct, at its own expense, a cedar-clad bus shelter based upon the Town's specifications, or may contribute a cash-in-lieu amount equivalent to the Town's cost to install such bus shelter, which amount shall be held in a trust fund to accomplish said objective. Said bus shelter shall be installed on County Road 39 in the vicinity of this housing complex at a bus stop location to be determined by the Suffolk County Department of Public Works and the Town of Southampton.
(f)
Completion of all improvements to the County Road 39 (CR 39) right-of-way as may be required by Suffolk County Department of Public Works, including dedication of a twelve-foot-wide portion of the property's frontage.
(g)
In addition to the requirements pertaining to the community benefit units, the applicant shall covenant that the first offering of all market-rate units shall be extended to persons who are bona fide residents of the Town of Southampton, with a higher priority for residents of Tuckahoe, zip code 11968, for a period of six (6) months from the date the offering plan commences. Upon approval of the offering plan by the Attorney General, the applicant shall provide both the Town of Southampton Land Management Administrator and Housing Director written notice two weeks prior to the commencement and completion of the six-month offering period.
(h)
In the instance that a community benefit unit is sold by the developer at market value pursuant to the procedures of § 216-5J, the applicant shall be additionally required to transfer one full development right per unit to the Town pursuant to the procedures outlined in Chapter 244. A covenant to this effect shall be filed in the Suffolk County Clerk's office, after approval of form and substance by the Town Attorney's office.
(i)
All covenants and restrictions in connection with the dwellings of the FSRPDD shall be filed in the Suffolk County Clerk's office, after approval of form and substance by the Town Attorney's office and prior to the issuance of a building permit. Further, an advisory covenant shall be placed on any deed in connection with any transfer of title of any unit advising of the income restriction for the community benefit units.
(j)
Any violation of the covenants and restrictions filed in connection with this FSRPDD shall also be deemed a violation of this chapter, and the Town Board may avail itself of any and all remedies allowed by law and/or equity which, in the instance of the community benefit units may include but not be limited to forfeiture, reversion of title, and the Town's right of reentry and possession. Further, as any violation shall be deemed a Southampton Town Code zoning violation under Chapter 330, this will subject the noncompliant owner to any and all applicable fines and remedies thereunder.
V.
Canoe Place Inn, Canal and Eastern Properties Maritime Planned Development District (CPICEMPDD).
(1)
Purpose and objectives.
(a)
Canoe Place Inn, Canal and Eastern Properties Maritime Planned Development District (CPICEMPDD) has been structured to accomplish the findings, purpose and long-term goals established by the Town Board as part of Article XXVI, Planned Development District, of Chapter 330 of the Town Code and those established for a Maritime Planned Development District (MPDD). The CPICEMPDD also supports implementation of the Town's Comprehensive Plan, particularly the goals, findings, policies and recommended actions. Specific Comprehensive Plan objectives achieved by the CPICEMPDD are as follows:
[1]
Protect valuable natural, historic and scenic resources.
[2]
Maintain the existing nature of the local economy, while working to enhance the diversity of the economy for the future, particularly in the areas of tourism and the second-home industry by protecting the Town's character and quality of place.
[3]
Devise strategies to maintain the historic character of the Town's hamlets and rural areas, with an increased emphasis on protecting historic landscapes and settings as well as individual structures.
[4]
Focus future visitor promotion on the shoulder seasons and on attractions that do not substantially increase summer peaks. Further, focus this investment on the western half of town, where there is a greater need for tax ratables and business center revitalization.
[5]
Promote small-scale overnight accommodations such as B&B's, inns and conference centers that will provide amenities without substantially increasing visitation.
[6]
Enhance the Town's cultural offerings and the prestige and enjoyment of the Town's historic, architectural and scenic features.
[7]
Promote architectural, signage, lighting, landscaping, sidewalk and streetscape design improvements consistent with Town of Southampton beautification objectives.
[8]
Alleviate traffic on the CR 80 (Montauk Highway) corridor by providing significant roadway improvements as designed by Suffolk County Department of Public Works.
(b)
The CPICEMPDD provides for:
[1]
A unified development program that links the east and west sides of the Shinnecock Canal and that accounts for significant upgrades to existing Town parkland adjacent to CPI which will then serve as the fulcrum to unify the two properties in the MPDD District and provide for increased public access to the canal;
[2]
Rehabilitation of the Canoe Place Inn and its revitalization as the Hampton Bays meeting place for use as an inn, catering facility and restaurant; and
[3]
Development of a 37-unit luxury waterfront townhouse community designed to attract second-home vacationers to Hampton Bays.
(c)
Based on the foregoing, the CPICEMPDD shall provide the following public benefits:
[1]
Rehabilitation of the Canoe Place Inn for public use (inn, catering facility and restaurant), resulting in improved aesthetics and an architecturally appealing structure on the site consistent with its history that is important to community character;
[2]
Consistency with the Town's longstanding waterfront access policies and Public Trust Doctrine by requiring the applicant to provide and maintain a new public access easement extending from North Shore Road over the canal property to include a public parking area and: (i) public access to a newly constructed viewing/fishing platform; (ii) public access to the existing floating dock; (iii) public access to a ramp/walkway connecting the floating dock to a public walkway along the shorefront, and continuing north along the boardwalk overlooking the marina; and (iv) public access via a stairway from the boardwalk to a new viewing platform overlooking the marina and along the internal sidewalk connecting the site to North Shore Road, as shown on the easement plan prepared by Araiys Design, Sheet EP-2, last revised 12/7/21, and subject to the proper filing of a nonexclusive public pedestrian access easement (further subject to Town Attorney approval as to form and substance, with liability insurance and indemnification to be provided by all parties as agreed thereto).
[3]
A one-time, voluntary contribution of $300,000 towards improvement/enhancement to the Shinnecock Canal Park in Hampton Bays plus design services and conceptual drawings for said park improvements;
[4]
Easement to the Town for public access to be used for passive recreation in connection with the Paumanok Path on the Eastern Property;
[5]
Roadway safety improvements at the intersections of Montauk Highway (CR 80) and Newtown Road (CR 62) and Montauk Highway (CR 80) and North Shore Road (CR 39) as outlined in the FEIS, subject to further approval of Suffolk County and the Town of Southampton;
[6]
Installation of a new conventional on-site sanitary treatment system and use of a nitrogen-reducing permeable reactive barrier (PRB) along appropriate portions of the downgradient borders of the property that will result in a minimum 94% wastewater nitrogen mass removal from the CPI property, subject to a monitoring program with regular reporting as approved by the Planning Board.
[7]
Installation of sidewalks along all property roadway frontages of the subject parcels with connectivity to existing sidewalks in front of 227 East Montauk Highway.
[8]
A one-time voluntary contribution of $50,000 to the Town of Southampton which shall establish a road restoration fund in order to use said funds exclusively for the improvement and maintenance of private roads within the Shinnecock Hills community surrounding the Eastern Property.
(2)
District boundary. The Canoe Place Inn, Canal and Eastern Properties Maritime Planned Development District (CPICEMPDD) shall consist of the following seven parcels, two parcels designated as Suffolk County Tax Map Nos. 0900-207-5-3 and 0900-207-5-4, comprising 5.65 acres on the northwest corner of Montauk Highway and Newtown Road, Hampton Bays, Town of Southampton (hereinafter referred to as the "CPI"); four parcels designated as Suffolk County Tax Map Nos. 0900-207-4-22.1, 0900-207-4-23, 0900-207-4-24 and 0900-207-4-25, comprising a total of 4.50 acres and including a 52 acre underwater lot located on the northwest corner of Montauk Highway and North Shore Road (hereinafter referred to as "Canal Townhouse Property"); and one parcel designated as Suffolk County Tax Map No. 0900-208-2-18.1, comprising 2.68 acres located on the northeast corner of North Shore Road and Canal Place Road, Hampton Bays, Town of Southampton (hereinafter referred to as the "Eastern Property"), all as shown on Topographical Survey of Property Situated in Hampton Bays, prepared by JM Land Surveying, November 18, 2004, and Topographical Survey of Property Situate at Shinnecock Hills, prepared by JM Land Surveying, November 14, 2006.
(a)
Parcel 1: Canoe Place Inn: all that certain plot, piece or parcel of land, situate, lying and being at Hampton Bays, Town of Southampton, County of Suffolk and State of New York, bounded and described as follows:
[1]
Beginning at a point formed by the intersection of the northerly line of Montauk Highway and the westerly line of Newton Road;
[3]
Running thence South 52 degrees 15 minutes 05 seconds West along the northerly side of Montauk Highway 126.54 feet to a point;
[4]
Thence South 59 degrees 27 minutes 47 seconds West along the northerly side of a taking area 43.20 feet to a point;
[5]
Thence South 56 degrees 43 minutes 41 seconds West still along said taking 97.22 feet to land now or formerly Henry R. Keller;
[6]
Thence along the last mentioned land the following three courses and distances:
[7]
Thence along the last mentioned land the following five courses and distances:
[a]
Along the arc of a curve to the left having a radius of 2895.64 feet a distance of 277.93 feet with a chord running North 54 degrees 30 minutes 01 seconds East 277.83 feet; and
[b]
North 51 degrees 44 minutes 05 seconds East 361.44 feet;
[c]
South 12 degrees 30 minutes 55 seconds East 2.22 feet;
[d]
North 51 degrees 44 minutes 05 seconds East 99.87 feet, to the westerly line of Newton Road;
[8]
Thence southerly along the westerly line of Newton Road, South 15 degrees 40 minutes 30 seconds East, 414.54 feet;
[9]
Thence continuing southerly along the westerly line of Newton Road, South 23 degrees 12 minutes 20 seconds West 31.14 feet to the point or place of beginning, excepting therefrom so much as was taken by the County of Suffolk by appropriation proceeding for project entitled "Reconstruction of a portion of C.R. 80, Montauk Highway, Town of Southampton, Suffolk County, New York (File No. 192726)" and shown as Parcel A on Map No. 3, for which a receipt and release dated 11/1/1971 was recorded 11/10/1971 in Liber 7044 of Deeds. Page 487.
(b)
Parcel 2: Canal Property: all that certain plot, piece or parcel of land, situate, lying and being in the Town of Southampton, County of Suffolk and State of New York, being more particularly bounded and described as follows:
[1]
Beginning at a point on the northwesterly side or County Road 39; where same is Intersected by the Northerly side of Montauk Highway;
[2]
Running thence South 62 degrees 09 minutes 25 seconds West, 68.65 feet;
[3]
Running thence in a westerly direction along the arc of a curve bearing to the left having a radius of 1,029.93 feet a distance of 71.27 feet;
[4]
Running thence North 86 degrees 10 minutes 19 seconds West, 152.18 feet;
[5]
Running thence North 49 degrees 50 minutes 43 seconds West, 12.14 feet;
[6]
Running thence North 05 degrees 11 minutes 03 seconds East, 41.69 feet;
[7]
Running thence North 60 degrees 12 minutes 51 seconds East, 14.17 feet;
[8]
Running thence North 06 degrees 52 minutes 19 seconds East, 20.33 feet;
[9]
Running thence North 10 degrees 55 minutes 17 seconds East, 11.15 feet to the Record North Road Line of (Old) Montauk Highway;
[10]
Thence along the bulkhead of Shinnecock canal as it presently exists along tie lines the following 18 courses and distances;
[a]
North 10 degrees 55 minutes 11 seconds East, 57.19 feet;
[b]
North 09 degrees 04 minutes 28 seconds East, 36.51 feet;
[c]
North 00 degrees 43 minutes 49 seconds East, 45.48 feet;
[d]
North 10 degrees 22 minutes 20 seconds West, 30.54 feet;
[e]
North 04 degrees 05 minutes 55 seconds East, 36.57 feet;
[f]
North 45 degrees 58 minutes 46 seconds West, 18.66 feet;
[g]
North 21 degrees 35 minutes 20 seconds West, 22.78 feet;
[h]
North 19 degrees 29 minutes 11 seconds West, 25.20 feet;
[i]
South 84 degrees 15 minutes 16 seconds West, 7.93 feet;
[j]
North 30 degrees 35 minutes 30 seconds East, 3.61 feet;
[k]
North 03 degrees 36 minutes 08 seconds East, 56.07 feet;
[l]
North 11 degrees 39 minutes 17 seconds East, 91.31 feet;
[m]
North 27 degrees 26 minutes 50 seconds East, 21.49 feet;
[n]
North 14 degrees 04 minutes 03 seconds East, 11.21 feet;
[o]
North 13 degrees 23 minutes 29 seconds East, 43.46 feet;
[p]
North 10 degrees 08 minutes 04 seconds East, 81.51 feet;
[q]
North 00 degree 18 minutes 30 seconds West, 8.16 feet;
[r]
North 01 degrees 48 minutes 04 seconds East, 81.23 feet;
[s]
North 01 degrees 59 minutes 37 seconds East, 34.09 feet to lands now or formerly of the Long Island Rail Road;
[11]
Thence along lands now or formerly of the Long Island Rail Road the following four courses and distances;
[a]
North 60 degrees 50 minutes 10 seconds East 207.17 feet to a monument;
[b]
Along the arc of curve which bears to the right having a radius of 1,357.40 feet a distance of 58.35 feet (deed) 59.09 feet (actual) to a monument;
[c]
North 26 degrees 40 minutes 11 seconds West, 25.00 feet to a monument;
[d]
Along the arc of a curve which bears to the right having a radius of 1,382.40 feet a distance of 65.88 feet (deed) 66.98 feet (actual) to the westerly side of County Road 39;
[12]
Thence southerly along the westerly side of County Road 39 the following three courses and distances;
[13]
Thence in a southerly direction along the arc of a curve bearing to the right having a radius of 407.74 feet a distance of 144.22 feet;
[14]
Running thence South 04 degrees 16 minutes 07 seconds West, 45.69 feet to the point or place of beginning.
(c)
Parcel 3: Eastern Property: all that certain plot, piece or parcel of land, situate, lying and being at a place called Shinnecock Hills in the Town of Southampton, County of Suffolk and State of New York, known and designated as a portion of Lot No. 14, Block 115, on a certain map entitled, "Amended Map A of the Westerly part of Shinnecock Hills," and filed in the office of the Clerk of the County of Suffolk as Map No. 213 on the 22nd day of October 1925, which premises are more particularly bounded and described as follows:
[1]
Beginning at a monument set at the intersection of the southerly line of Lot 1, Paumanok Terrace, and the easterly line of North Highway (County Road 39A);
[2]
Running thence easterly along southerly line of said Lot 1, a twenty-foot right-of-way, and Lot 8 (Paumanok Terrace), North 85 degrees 53 minutes 30 seconds East a distance of 455.22 feet to a point and the westerly side of Wildwood Lane;
[3]
Running thence southerly along said westerly side of Wildwood Lane, South 01 degree 35 minutes 20 seconds East, 30.02 feet to a point and land now or formerly of Donald and Patricia O'Flaherty;
[4]
Running thence westerly along the said lands now or formerly of Donald and Patricia O'Flaherty, South 85 degrees 53 minutes 30 seconds West, 323.00 feet;
[5]
Running thence southerly along the said lands now or formerly of Donald and Patricia O'Flaherty, South 10 degrees 27 minutes 10 seconds East, 201.04 feet;
[6]
Running thence easterly and still along the said land now or formerly of Donald and Patricia O'Flaherty, North 85 degrees 53 minutes 30 seconds East, 292.00 feet to a point and the westerly side of Wildwood Lane;
[7]
Running thence southerly along the said westerly side of Wildwood Lane, South 01 degree 35 minutes 20 seconds East, 184.11 feet to a monument;
[8]
Running thence still southerly along the westerly side of Wildwood Lane, on the arc of a regular curve to the right having a radius of 25.34 feet, a distance of 39.46 feet to a monument situate on the northerly side of Canoe Place Road;
[9]
Running thence westerly along the northerly side of Canoe Place Road, South 87 degrees 38 minutes 30 seconds West, 288.81 feet to a monument;
[10]
Running thence North 64 degrees 05 minutes 07 seconds West, 17.94 feet;
[11]
Running thence northerly along the easterly side of North Highway (County Road 39) the following five courses and distances:
[a]
On the arc of a regular curve to the right having a radius of 681.20 feet a distance of 230.00 feet to a monument;
[b]
North 15 degrees 59 minutes 35 seconds West, 52.69 feet to a monument;
[c]
South 74 degrees 00 minutes 19 seconds West, 2.00 feet;
[d]
North 15 degrees 59 minutes 41 seconds West, 3.76 feet;
[e]
On the arc of a regular curve to the right having a radius of 539.96 feet a distance of 153.03 feet to the point or place of beginning.
(3)
Permitted uses. The following uses shall be permitted subject to site plan review and approval by the Planning Board and compliance with all applicable laws, rules and regulations:
(a)
Canoe Place Inn Property (Parcel 1):
[1]
Catering facility, including outdoor event seating.
[2]
Inn/motel units and five nonresidential resort cottage units for transient stay as defined in § 330-5.
[3]
Restaurant, cocktail lounge, including outdoor seating (outdoor seating shall be included and comply with all occupancy standards).
[4]
Customary accessory structures and uses incidental to the Canoe Place Inn, including a gift shop, meeting and conference facilities, seasonal tents for events (in specified and approved areas only), and spa facilities for guests, as approved by the Planning Board.
[5]
Parking areas.
[6]
Fences, retaining walls, trellises, walkways, decks and patios as approved by the Planning Board.
[7]
Recreation: swimming pool for use by guests and employees.
(b)
Canal Property (Parcel 2):
[1]
Single-family attached townhouses.
[2]
Accessory marina to townhomes to provide for the berthing of recreational watercraft with no change to marina size or encroachment into the Shinnecock Canal.
[3]
Recreation: Indoor/outdoor recreation areas, swimming pool and spa for use by guests, residents and their visitors.
[4]
Pool/equipment enclosure.
[5]
Parking areas, including parking associated with the viewing/fishing platform and floating dock access.
[6]
Community recreation building/interior space not to exceed size limitations set forth in Subsection V(5)(b)[4] herein.
[7]
Fences, retaining walls, trellis, walkways, decks and patios as approved by the Planning Board.
[8]
Motel, resort as defined in § 330-5 to be used and operated only in conjunction with the use and operation of the Canoe Place Inn:
[a]
Individual townhomes may be let or occupied for transient stay as a single rental unit, subject to any additional occupancy restrictions of the State Building/Uniform Fire Prevention Code.
[b]
Any townhome rented pursuant to this section shall be restricted to the management, supervision and maintenance of the owners or operators of the Canoe Place Inn or other subsequent inn operator. Private individuals shall be prohibited from direct rentals and/or subletting of any unit unless otherwise managed by the Canoe Place Inn.
[c]
All units and common areas shall be maintained by the owner or operator of the Canoe Place Inn or other subsequent inn operator, either directly or under its supervision, and shall include unit cleaning, registration, security, and guest services.
(c)
Eastern Property (Parcel 3);
[1]
Wastewater treatment facility (Nitrex™ system or other alternative denitrification system that is proven to treat nitrogen to an even higher standard than Nitrex™ as approved by the Suffolk County Department of Health Services) and associated infrastructure/maintenance access.
[2]
Passive recreation trail for connectivity to the Paumanok Path.
(d)
In no case shall any sculpture or art installation occur on any property included within the subject MPDD without prior Town Board review and approval.
(4)
Dimensional regulations. The following bulk, area, height and dimensional regulations shall apply within the CPICEMPDDD, notwithstanding any provision in this chapter to the contrary. The Planning Board may, through this site plan review process, modify the standards required herein, provided that no significant adverse environmental impact to the property or its surroundings will occur, the change is considered minor, and the modification would better achieve the goals and objectives of the MPDD as described herein.
(a)
Canoe Place Inn (Parcel 1);
[1]
Minimum lot area: five acres.
[2]
Maximum lot coverage (main and accessory building): 20%.
[5]
Maximum height:
[a]
Canoe Place Inn, existing to remain (connector area between inn and dance pavilion not to exceed 42 feet when measured from existing grade).
[7]
Transitional yards adjoining residential districts: N/A.
[8]
Pyramid Law: N/A.
(b)
Canal Property (Parcel 2):
[1]
Minimum lot area: 40,000 square feet.
[2]
Maximum lot coverage (main and accessory building): 20%.
[3]
Minimum lot area per attached dwelling unit: 4,500 square feet.
[4]
Maximum floor area, recreational building: 1,900 square feet.
[7]
Yards, accessory structures (except fences, trellises, and retaining walls, as approved by the Planning Board):
[8]
Transitional yards adjoining residential districts: N/A.
[9]
Pyramid Law: N/A.
(c)
Eastern Property (Parcel 3):
[1]
Access. The sole access point to the Wastewater Treatment Facility (WWTF) shall be from Old Canoe Place Road.
[2]
Transitional yards [Note: A clearing plan for all infrastructure installation/access and subsequent revegetation shall be required for review and approval by the Planning Board as part of the site plan review process.]:
[4]
Clearing restriction: 30% (0.81 acre), maximum (except in case of required WWTF expansion, where clearing would be limited to a maximum of 50%).
(6)
Specific development standards.
(a)
A site plan must be submitted to the Town of Southampton Planning Board for review and approval pursuant to § 330-243B and §§ 330-181 through 330-184.1 of the Town Code of the Town of Southampton. The proposed development shall be consistent with the conceptual plans entitled "R Squared Canoe Place Inn Montauk Highway and New Town Road, Hampton Bays," dated July 27, 2012, and last revised April 8, 2014; and R Squared Canal Properties North Shore Road and Canoe Place Road, Hampton Bays, dated August 12, 2011, and last revised April 8, 2014; subject to revisions that conform to dimensional requirements and other performance standards outlined herein.
(b)
The Town of Southampton Planning Board, in reviewing and approving a final site plan, shall ensure that the plan conforms to the requirements and intent of the CPICEMPDD.
(c)
All new construction shall be subject to the review of the Board of Architectural Review, pursuant to Article XIX of this chapter.
(d)
The Planning Board may require limits of clearing or retention of significant-sized trees, if any, as part of the site plan review for all parcels as well as limitations on fertilizer-dependent landscaping.
(e)
Site plan elements, Canoe Place Inn (Parcel 1):
[1]
Architecture and design. The rehabilitation of the Canoe Place Inn building and preexisting cottages shall be similar to the height and footprint of current conditions and consistent with the height and footprint of the building and cottages prior to World War II as depicted in the images and plans provided in the DEIS.
[2]
The existing number of stories and height of the Canoe Place Inn structure shall be maintained as currently exist except in the connector area between the inn and dance pavilion, as shown in the Canoe Place Inn concept plans, which will exceed its current height but will not exceed the highest part of the structure (42 feet) as measured at existing grades.
[3]
Site access shall be limited to one curb cut on Montauk Highway and one curb cut on Newtown Road, respectively, subject to Suffolk County Department of Public Works and Town of Southampton approval.
[4]
Utilities and services.
[a]
Water supply. The CPICEMPDD development shall be served by public water, designed in accordance with the specifications of the Hampton Bays Water District. All necessary approvals shall be obtained from the Hampton Bays Water District for water supply. For the purpose of fire protection, the Planning Board shall solicit comments and review from the Fire Marshal pursuant to § 330-184C.
[b]
Sanitary sewage and nitrogen mitigation. Installation of a new conventional on-site sanitary treatment system, including septic tank and leaching pool, and installation and use of a PRB along appropriate portions of the downgradient borders of the property to remove nitrogen from the new on-site sanitary system as well as nonproject wastewater such as stormwater and off-site, upgradient locations. All necessary approvals shall be obtained from the Suffolk County Department of Health Services for sewage disposal;
[c]
Drainage. Stormwater drainage systems shall be designed so that all potential runoff will be recharged onsite. The calculation of stormwater retention and the design of the drainage system shall be subject to review and approval of the Town Engineer.
[d]
Refuse storage and collection. Plans for the storage and collection of refuse shall be subject to Planning Board approval. The outside storage of refuse shall be in rodent-proof containers conveniently located and enclosed or otherwise screened from view pursuant to § 330-109. Regular trash collection shall be required. The Planning Board may impose additional covenants to ensure property maintenance and upkeep where necessary.
[e]
Utilities and screening of appurtenances on building facades. All utilities, including electric, telephone and cable television service, shall be placed underground where possible. Utility meters and other appurtenances shall be screened by lattice enclosures and/or landscaping to soften appearance. Condensing units and other mechanical systems shall likewise be screened, to be determined by the Planning Board.
[5]
Building rehabilitation. The rehabilitation of the Canoe Place Inn structure will be accomplished in such a manner so as to bring the inn's essential visual characteristics back to its historically significant period between 1922 and World War II and return the site to its former position as an important asset to the community. The key design elements of the rehabilitation shall include:
[a]
Regrading along Montauk Highway to expose the full height of the existing building.
[b]
The currently existing portions and essential visual characteristics of the pre-World War II construction will remain and be rehabilitated, which will include the retention of as much of the historic fabric of the building as practicable. The Planning Board shall require submittal of construction drawings that specifically identify what historic fabric is being saved and which elements are being used to base new replacement materials where existing materials are beyond their useful life. Specifications shall be prepared detailing the methodology for preserving specific elements identified as well as stabilizing the existing building during the rehabilitation effort. Drawings shall be annotated so that existing conditions can be compared with proposed conditions in the field. A local architectural preservation consultant qualified by the Planning Board shall be retained by the applicant to review said construction drawings and the historic rehabilitation program prior to site plan approval as well as to be available for consultation and regular reporting of progress to the Planning Board in connection with this requirement.
[c]
The connector, bar and kitchen additions built between the inn and pavilion after 1922, not part of the essential character of the inn building and/or the dancing pavilion, will be replaced with new construction more in keeping with the historic design of the inn and visual character of the inn and pavilion during its historic period. The reconstruction of this area shall be done in such a manner so as not to disturb or destruct other portions of the CPI building being rehabilitated.
[d]
The first floor of the inn and pavilion will be refurbished with casements and lattice work consistent with that shown in the historic photographs and as approved by the Planning Board and Architectural Review Board.
[e]
The existing roof shingles will be replaced with a more traditional color and texture to be visually consistent with the roof as shown in the historic photographs and approved by the Planning Board and Architectural Review Board.
[f]
Portions of the inn interior from the historically significant period that remain intact and can be reused and/or repaired will be, particularly in the dance pavilion. Other areas will be renovated with finishes that match the visual character of the inn from the historically significant period.
[g]
A new, formal drop-off will be located consistent with the historic drop off and front door to the inn between the building and Montauk Highway along with new landscaping which will be installed throughout the site including new pathways, parking and lawns where the existing gravel parking lot is located.
[h]
The new lobby for the inn and pavilion will be located in the new connector and reestablish the original, formal entry sequence shown in old photographs and drawings as discussed in the DEIS.
[7]
Landscaping. The applicant shall be required to prepare and submit a comprehensive landscape plan for review and approval by the Planning Board, including, but not limited to, the following:
[a]
Landscaping along roadway frontages, including but not limited to street trees, ornamental shrubs and flowers.
[b]
A landscape planting area shall be provided next to all sidewalks through the development and planted with deciduous street trees at a consistent spacing (minimum: 22 feet on-center; maximum; 35 feet on-center).
[c]
All parking areas and valet areas shall be screened from view with vegetation approved by the Planning Board.
[d]
Fences and retaining walls shall be screened with vegetation approved by the Planning Board.
[9]
Signage. Ground signage at the Canoe Place Inn shall be found consistent with the historic design theme, and its placement shall be consistent with the Signage Master Plan prepared by Rechler Equity, dated May 5, 2022.
[10]
Energy. To the maximum extent practicable, the Planning Board shall require energy conservation measures for the CPI rehabilitation to meet the requirements of § 123-38 for incorporation into building and site designs (e.g., Energy Star® water conservation/low-flow irrigation, etc.) such that energy conservation measures shall not impact the retention or rehabilitation of existing historic fabric. All cottages on the CPI property shall meet the HERS index requirements prescribed in § 123-37A(1).
(f)
Site plan elements, Canal Property townhouses (Parcel 2):
[1]
Architecture and design. Building construction and design shall reflect traditional bay homes architecture of Hampton Bays/Shinnecock Hills, with consideration being given to the special character of Southampton as a rural and resort community.
[2]
Requirements. Buildings shall have a common design theme that provides design coherence while allowing variety and character for individual buildings within the project. The design shall maintain proportion, scale and massing with details appropriate to the architectural style emulated. In the choice of exterior finishes, care shall be taken to avoid the appearance of a development in which all units appear exactly the same. Walls and roofs shall include separations, changes in plan and height, and architectural elements such as porches, dormers and cross-gables. Techniques for complying with this requirement include, but are not limited to:
[a]
Facade modulation (e.g., stepping back or extending forward portion of the facade for each interval) to minimize bulk and massing of buildings.
[b]
Articulating each interval with architectural elements such as porches, balconies, bay windows, etc.
[c]
Articulating the roofline by stepping the roof and by emphasizing dormers, chimneys or gables.
[d]
Providing a ground- or wall-mounted fixture, a trellis, a tree or other site feature within each interval.
[e]
Use of consistent detailing of finishes, terminations and other architectural elements within the variety of building to building required.
[3]
Exterior. Facades of dwelling units shall be designed to avoid monotony and blank walls on all four facades. The exterior of the dwelling units shall be constructed with cedar shingles, Hardi-Plank or similar high-quality material.
[4]
Energy. To the maximum extent practicable, the Planning Board shall require energy conservation measures to meet the minimum home energy rating index as defined in the Town's building code, § 123-37A(4), for incorporation into building and site designs (e.g., Energy Star® water conservation/low-flow irrigation, etc.).
[5]
Noise. During site plan review, the Planning Board shall assess and determine the need for noise attenuating structures and/or building materials.
[6]
Privacy. Buildings shall be oriented to provide privacy for residents and visitors, to the extent practicable, both within the project and in relation to the surrounding properties. Techniques for complying with this requirement include, but are not limited to:
[a]
Staggering windows to avoid aligning with adjacent windows.
[b]
Increasing the side or rear yard setback, or creating balconies and porches at upper floors so that window areas are farther from the property line.
[c]
Any proposed fencing shall be part of a coordinated plan for the entire site and consistent with § 330-109.
[d]
Gatehouse or driveway entrance gates shall not be permitted.
[e]
Utilities and services.
[i]
Water supply. The CPICEMPDD development shall be served by public water, designed in accordance with the specifications of the Hampton Bays Water District. All necessary approvals shall be obtained from the Hampton Bays Water District for water supply and fire protection. For the purpose of fire protection, the Planning Board shall also solicit comments and review from the Fire Marshal pursuant to § 330-184C.
[ii]
Sanitary Sewage. A Nitrex™ wastewater treatment facility shall be constructed on the Eastern Property to service the Canal Property townhouses. All necessary approvals shall be obtained from the Suffolk County Department of Health Services for sewage disposal.
[iii]
Drainage. Stormwater drainage systems shall be designed so that all potential runoff will be recharged on site. The calculation of stormwater retention and the design of the drainage system shall be subject to review and approval of the Town Engineer.
[iv]
Refuse storage and collection. Plans for the storage and collection of refuse shall be subject to Planning Board approval. The outside storage of refuse shall be in rodent-proof containers conveniently located and enclosed or otherwise screened from view. Regular trash collection shall be required. The Planning Board may impose additional covenants to ensure property maintenance and upkeep where necessary.
[v]
Utilities and screening of appurtenances on building facades. All utilities, including electric, telephone and cable television service, shall be placed underground. Utility meters and other appurtenances shall be screened by landscaping or other approved method to soften appearance. Condensing units and other mechanical systems shall likewise be screened, to be determined by the Planning Board.
[f]
Common space. In order to provide focal points for community recreation and interaction that adds to the overall quality of life for residents, common open space areas shall be integrated purposefully into the overall design and not be residual areas left over after buildings and parking lots are sited, including an on-site community recreational area, pool and deck area.
[g]
Private outdoor space. Each individual dwelling unit shall be provided with a private outdoor space in the form of a patio, terrace, garden, courtyard, deck or balcony, which space shall be immediately adjoining and directly accessible to the dwelling unit which it serves. To avoid the possibility of disparate building materials that may affect the appearance of the overall development, all private outdoor spaces shall be subject to review and approval by the Planning Board as part of the site plan submission for the entire development.
[h]
Pedestrian circulation. Pathways shall be utilized throughout the development to connect all housing units to the common space areas and active and passive recreation areas. Pathways shall be sufficiently wide to accommodate walkers, joggers and bicyclists and should be easily accessed from all housing units. Park benches and suitable resting places along pedestrian pathways and walking trails may be provided to encourage outdoor activity.
[i]
Landscaping. The applicant shall be required to prepare and submit a comprehensive landscape plan for review and approval by the Planning Board, including, but not limited to, the following:
[i]
Landscaping along North Shore Road, including but not limited to street trees, ornamental shrubs and flowers.
[ii]
A landscape planting area shall be provided next to all sidewalks through the development and planted with deciduous street trees at a consistent spacing (minimum: 22 feet on-center; maximum: 35 feet on-center).
[iii]
A natural buffer 25 feet wide shall be created along the southern portion of the Canal Property waterfront, landward of the water's edge.
[iv]
Clearing limits and revegetation of cleared areas will be established based on a clearing plan to be approved by the Planning Board with input by the Town Conservation Board to meet the intention of retaining existing vegetation on site to the maximum extent practicable with special consideration to the existing natural vegetation at the boat basin berm.
[k]
Parking.
[i]
Pursuant to § 330-94, the CPICEMPDD development shall use the parking calculation of 2.5 spaces per dwelling unit, including 19 land-banked spaces plus five public spaces, and shall include a sufficient amount of handicap-accessible spaces. The Planning Board shall require a land-banked parking covenant pursuant to § 330-100E.
[ii]
Where provided, internal planting islands shall include trees and appropriate groundcover to be located in or along the perimeter of the parking lot.
[iii]
Parking spaces shall in no case be considered an "extra" or an "upgrade" for any dwelling unit in the development.
[l]
Signage. All residential identification signage and placement shall be consistent with the Signage Master Plan prepared by Rechler Equity, dated May 5, 2022. Only warnings/placards as required by law shall be permitted for the Eastern Property WWTF.
[m]
Life-safety requirements.
[i]
In accordance with the recommendations of the Hampton Bays Fire District, all attached dwelling units shall be equipped with fire sprinklers or as required by the New York State Residential Building Code and the National Fire Protection Association (NFPA) standards, as applicable.
[ii]
All basements, if any, shall have outside entrances;
[iii]
Coordination with the Hampton Bays Fire District is required in the event that a central alarm system is proposed for installation.
[iv]
Common attics and basements or crawl spaces shall be prohibited, with the exception of the clubhouse to be located in a portion of the basement area of one building.
[v]
Fire hydrants shall be required in such number and location as determined by the Planning Board during site plan review, after referral to the Fire Marshal and fire district having jurisdiction.
(7)
Conditions. As a requirement of the CPICEMPDD and with adoption of same, said district shall at all times hereinafter be maintained and be subject to the requirements established under the provisions herein. To that end, covenants and restrictions approved by the Town Attorney's office and recorded with the Suffolk County Clerk's office prior to the issuance of a building permit shall be filed on the subject parcel(s) providing the following:
(a)
Canoe Place Inn (Parcel 1):
[1]
The permitting process for Canoe Place Inn and the canal Townhomes will occur simultaneously and construction will commence within 150 days of issuance of a Building Permit.
[2]
Roadway improvements at the intersection of Montauk Highway (CR 80) and Newtown Road (CR 62) will occur in substantial conformance with the Canoe Place Inn Concept Site Plan and, as approved by the Suffolk County Department of Public Works, shall be constructed by the owner prior to the issuance of a certificate of occupancy for the Canoe Place Inn building.
[3]
All outdoor events, including outdoor parties, weddings and other events, shall be held only in the outdoor tent area as shown on the Canoe Place Inn conceptual site plan and the final approved site plan for Canoe Place Inn.
[4]
Outdoor musical events will be restricted to 12:00 noon to 10:00 p.m. on Sundays through Thursdays and 12:00 noon to 12:00 midnight on Fridays and Saturdays.
[5]
Music sound from outdoor events shall not exceed the decibel levels provided in Chapter 235 at or beyond the line of the property on which such noise is being generated.
[6]
The Canoe Place Inn and cottages will not be demolished but will be constructed pursuant to the approved site and building plans and will remain in perpetuity as a functioning inn upon completion of the work, and at no time shall the Canoe Place Inn be operated as a nightclub.
(b)
Canal Townhouse and Eastern Property (Parcels 2 and 3):
[2]
Prior to the issuance of a building permit, the applicant shall comply with the provisions of the Long Island Workforce Housing Act as follows:
[a]
Prior to site plan approval, the number of workforce housing units required shall be determined in accordance with Article 2 (Long Island Workforce Housing), of Chapter 330 of the Town Code of the Town of Southampton.
[b]
The timing for payment of a fee in lieu of units may be staggered or otherwise connected to the phasing plan for the entire CIPDD project, as determined by the Planning Board.
[3]
Individual residents shall not alter or change exterior facades, construct additions or any other type of appurtenance other than those approved by the Planning Board through the site plan process.
[4]
Failure to file these covenants prior to prior to signature of the approved site plan in accordance herewith shall be deemed a violation of the conditions of this zoning approval and may be grounds for the Town to initiate proceedings to withhold the issuance of a building permit to the subject parcel(s) back to its/their prior zoning classification after a public hearing.
[5]
The Eastern Property shall have no associated development rights and be forever limited to the construction of the Suffolk County Department of Health Services-approved Nitrex™ System (or other alternative denitrification system that is proven to treat nitrogen to an even higher standard than Nitrex™) and associated approved maintenance building, access road, fence, and retaining wall as well as the public trail easement.
[6]
A trail easement 30 feet wide, the precise location on the Eastern Property to be determined by the Planning Board with recommendation from the Trails Advisory Board at the time of site plan review, shall be deeded to the Town of Southampton for passive recreational pedestrian access and connectivity to the Paumanok Path. Said trail easement shall not interfere with the Wastewater Treatment Facility or future expansion area.
[7]
The applicant shall agree to undertake and complete the full construction and perpetual maintenance of a new public access easement extending from North Shore Road over the Canal Property to include a public parking area and: (i) access to a newly constructed viewing/fishing platform; (ii) public access to the existing floating dock; (iii) access to a ramp/walkway connecting the floating dock to a public walkway along the shorefront and continuing north along the boardwalk overlooking the marina; and (iv) public access via a stairway from the boardwalk to a new viewing platform overlooking the marina and along the internal sidewalk connecting the site to North Shore Road, as shown on the easement plan prepared by Araiys Design, Sheet EP-2, last revised 12/7/21, and subject to the proper filing of a nonexclusive public pedestrian access easement (further subject to Town Attorney approval as to form and substance, with liability insurance and indemnification to be provided by all parties as agreed thereto).
[8]
Roadway improvements to the intersection of Montauk Highway (CR 80) and North Shore Road (CR 39), in substantial conformance with the canal Eastern Property Concept Site Plan and as approved by the Suffolk County Department of Public Works, shall be constructed by the owner prior to the issuance of a certificate of occupancy for the last townhouse building to be constructed.
[9]
All covenants and restrictions required by the Town Board as conditions of approval shall only be modified, waived, amended, repealed or terminated by the Town Board, after a public hearing and a Town Board approval by a majority plus one.
[10]
The applicant shall develop an acceptable monitoring program for the permeable reactive barrier (PRB) as part of site plan review, and a covenant shall be required by the Planning Board to ensure continued maintenance and viability.
[11]
Any violation of the covenants and restrictions filed in connection with this PDD shall also be deemed a violation of this chapter, and the Town Board may avail itself of any and all remedies allowed by law. Further, as any violation shall be deemed a Southampton Town Code Zoning violation under Chapter 330, this will subject the applicant and property owners to any and all applicable fines and remedies thereunder.
[12]
Any differential in annual taxes from townhouse use to resort motel on Parcel 2 will be paid annually by the property owner as a community benefit and put into a PILOT fund for allocation by the Town Board.
(c)
Concurrent with the issuance of the initial building permit, the applicant shall remit a one-time payment to the Town Board of the monetary sum of $300,000, to be used for enhancement to the Shinnecock Canal Park, and an agreement to provide design services and conceptual drawings for said park improvements as offered.
(d)
Concurrent with the issuance of the initial building permit, the applicant shall remit a $50,000 contribution to a road restoration fund to the Town of Southampton to be used exclusively for maintenance and improvements on private roads within the Shinnecock Hills community surrounding the Eastern Property.
(e)
A comprehensive and unified pedestrian access and circulation plan shall be submitted with the final site plan. The plan shall incorporate all public sidewalks, streetscape improvements, including trees, and the internal pedestrian circulation for the public viewing/fishing platform and floating dock, as well as conceptual plan related to the conditional passive access easement along the canal.
(f)
No deciduous tree existing or established as part of the CPICEMPD shall be topped during ordinary maintenance. For the purpose of this section, "topping" shall mean the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal tree canopy and disfigure the tree.
(g)
Clearing limits and revegetation of cleared areas will be established based on a clearing plan, to be approved by the Planning Board with input by the Town Conservation Board, to meet the intention of retaining existing vegetation on site to the maximum extent practicable, with special consideration given to the existing natural vegetation at the boat basin berm.
(h)
With the exception of one-time signage that may be permitted during the initial "grand opening" period for the Canoe Place Inn and during the sales period of the townhomes, if any (The timeframes, location and specific nature of such grand opening or promotional signage shall be reviewed and approved by the Planning Board as part of the site plan submission.), temporary signs, boards or banners for advertisements, promotions, events, etc., of any kind that are affixed/attached to the CPI building are prohibited. Applications for temporary ground signs shall be consistent with § 330-205.
(i)
A phasing plan shall be submitted as part of the site plan application and shall be reviewed and approved by the Planning Board to ensure the concurrent and timely construction of the townhouses and the CPI rehabilitation. In connection with the construction drawings and methodology plan required in Subsection V(8)(j) below, milestones shall be identified for the CPI rehabilitation that the release of certificates of occupancy (CO) for townhomes shall be based on (e.g., for every 25% completion of work for CPI, a group of CO's may be released). The Planning Board shall ensure that all work on the Canoe Place Inn site is completed prior to the issuance of the last group of townhouse CO's.
(j)
Construction drawings and plans for CPI shall be submitted to the Planning Board that identify the methodology for those elements of the existing historic building that are worthy of preservation and how those elements are to be preserved during the rehabilitation of the structure. In addition, for the elements that are in such poor condition that they cannot be preserved, a procedure shall be identified for determining new replacement materials with the intent of preserving as much of the historic fabric of the building to the maximum extent practicable. Specifications shall be prepared detailing the methodology for preserving specific elements identified as well as stabilizing the existing building during the rehabilitation effort. Drawings shall be annotated so that existing conditions can be compared with proposed conditions in the field. A local architectural preservation consultant qualified by the Planning Board shall be retained by the applicant to review said construction drawings and the historic rehabilitation program prior to site plan approval as well as to be available for consultation and regular reporting of progress to the Planning Board in connection with this requirement and the phasing plan.
(8)
Expiration. This local law shall take effect upon its filing with the Secretary of State pursuant to the Municipal Home Rule Law. This Subsection V shall expire on January 21, 2020, unless the appropriate Planning Board approvals have been obtained and substantial construction has begun.
[1]
Editor's Note: This local law also stated that the provisions of L.L. No. 75-2003 would not be applicable to this local law or the application referred to therein.
[2]
Editor's Note: This local law also stated that the provisions of L.L. No. 75-2003 would not apply to "this application or local law."