Southampton City Zoning Code
ARTICLE XXXI
Riverside Overlay District ROD
§ 330-400 Authority.
This Article XXXI (hereinafter the "article") is adopted as a local law pursuant to, inter alia, the New York State Constitution, Article IX, § 2(b)(3); New York State Statute of Local Governments, § 10, Subdivision 6; and New York State Municipal Home Rule Law § 10, Subdivision 1(ii)a(11), § 10, Subdivision 1(ii)a(12), and § 10, Subdivision 1(ii)d(3), and Article 16 of the New York State Town Law, including but not limited to §§ 261, 261-a and 261-b. It shall amend and, to the extent necessary, supersede any provisions of Article 16 of the New York Town Law, as well as any other sections of the Town Law with which it may be inconsistent.
§ 330-401 Intent and purpose.
A.
This Article regulates the location, design, construction, alteration, occupancy, and use of structures and the use of land within the area known as the "Riverside Overlay District" (hereinafter ROD) within the Town of Southampton. The Riverside Overlay District is hereby divided into seven overlay zones designated as RO-1, RO-2, RO-3, RO-4, RO-5, RO-6, RO-7 for which specific regulations are included in this article.
B.
This Article is intended to promote the health, safety and general welfare of the Town by creating a holistic and comprehensive economic development strategy that utilizes the principles of social, economic and environmental responsibility to reestablish the Hamlet of Riverside as a center of vibrancy within a mixed-use, transit-oriented setting. This Article is intended to create an opportunity for a more economically successful and environmentally responsible hamlet center with a more harmonious and pedestrian-oriented public realm than can be achieved under the regulations in the underlying zoning in effect at the time of adoption of this article.
C.
The primary purpose of this article is to institute a legally enforceable form-based code within the ROD Zones, based upon the Town of Southampton Comprehensive Development Plan Update dated March 1999 (hereinafter the Comprehensive Plan); Urban Renewal Plan dated December 2009; Flanders, Northampton, Riverside Revitalization Study dated March 2004; Southampton 400+ Sustainability Element dated November 2013; Riverside Revitalization Action Plan and Zoning Standards Map § 330-407, dated July 2015. This Article establishes development rules and procedures that will result in compact and walkable transit-oriented mixed-use development accessible on foot to the train station in Riverhead.
D.
This Article is further intended to implement a streamlined process of development application review and approval based upon compliance with this article in order to expedite economic development that fulfills the purposes of this article.
E.
The goals and objectives of the ROD are to:
(1)
Expand employment opportunities throughout the Hamlet Center and surrounding area.
(2)
Encourage green building design, including sustainable technologies such as rooftop gardens and agriculture, stormwater management, photovoltaic energy sources and other renewable energy and water and energy conservation technologies.
(3)
Ensure the inclusion of a range of quality public parks and open spaces.
(4)
Promote sustainable and mixed-use development that creates a network of connected streets, parks, walkways and vibrant street-level storefront commerce that will provide for an activated environment along with a sense of security and safety.
(5)
Transform underutilized and underperforming properties in the hamlet overlay.
(6)
Reduce automobile dependency by creating a compact, pedestrian-oriented, mixed-use environment.
(7)
Provide sufficient building densities and land uses within walking distance from the Hamlet Center.
(8)
Leverage the extraordinary access to existing rail and bus transit by linking land use with transportation.
(9)
Provide for a diverse mix of residential living choices.
(10)
Create incentives to concentrate development in the downtown core and within 1/4 mile of the traffic circle, in walking distance from the Riverhead train station.
(11)
Promote civic, institutional, commercial, retail, hospitality, entertainment, recreational and residential activity throughout the hamlet core districts.
(12)
Provide public access to riverfront.
(13)
Encourage participation by private property owners using riverside incentive bonuses (RIBs) within the ROD to make use of the provisions of this article by:
(a)
Providing a mechanism for smaller properties that would otherwise be unable to meet the necessary development thresholds of this article to participate in collaborative development efforts through the formation of property owner alliances.
(b)
Allowing for greater densities and building heights.
(c)
Expanding the range of uses allowed.
(d)
Reducing parking requirements.
(e)
Allowing payments in lieu of required on-site parking spaces.
(f)
Providing shared parking opportunities.
(g)
Allowing payments in lieu of parks and open space requirements.
(h)
Providing for shared parks and open space opportunities.
(i)
Providing an expedited review and approval process.
F.
This Article institutes a comprehensive system of form-based regulation within the ROD that is intended to be as user friendly as possible, where illustrations and renderings are included for illustrative purpose. To that end, this article contains some provisions that are partially duplicative of other sections of the Town of Southampton Zoning Law. This is done intentionally to make this article largely self-contained, which will enable users to find as much information as possible in one place, reducing the need to cross-reference other sections of the Zoning Law. The conceptual framework of this form-based overlay zoning is fundamentally different from the zoning framework of the underlying Town zoning and is best understood as an integrated whole.
§ 330-402 Applicability.
B.
The regulations in the ROD apply not only to private land use and development, but also to public improvements, new streets, sidewalks, land and land uses owned or to be owned and operated by the Town of Southampton. The Town of Southampton encourages entities that are legally exempt from the Town's Zoning Law to take this article into consideration in conducting their activities within the ROD.
C.
The seven ROD Overlay Zones do not replace the underlying zoning rules and regulations that currently exist in the ROD. They provide an alternative option for landowners to use in developing and redeveloping their land and buildings within the ROD. All existing rights, allowable uses, and approval procedures under the Town of Southampton Zoning Law remain in full force and effect, except that if a property owner elects to proceed under the overlay provisions of this article, such provisions shall replace the provisions of the underlying zoning districts as well as the procedural provisions to the extent that the overlay is inconsistent with any underlying district provisions. A landowner electing to proceed under this article shall follow the procedures in § 330-413 rather than procedures prescribed elsewhere in Chapter 330, unless this article provides that such procedures apply to the ROD.
D.
This Article includes street and civic spaces standards further described in §§ 330-408 and 330-409, and use standards, development standards, and site planning standards organized by Riverside Overlay Zoning Districts, as further described in § 330-410. For applicants electing to proceed under the ROD, these overlay districts and standards replace the otherwise applicable zoning, subdivision, site plan, and other provisions in the Town Code regulating land use and development, creating an integrated code for the ROD and a new set of procedures for administering this code.
E.
Where this article is silent about any matter relating to land use, building, or development, applicable provisions of the Town Code that do not conflict with this article shall apply. In case of any conflict between this article and any other provision of the Town Code, this article shall control, except as provided in Subsection F below.
F.
Building Code and Life Safety Codes. All applications for building construction are required to conform to applicable building code and life safety ordinances, laws, and regulations. Applicants shall be responsible for obtaining all necessary building permits and other approvals from local regulatory agencies with jurisdiction over a project. In any case where building or life safety regulations are in conflict with this article, such regulations shall take precedence. The Planning Board and Department of Land Management, in reviewing any such conflicts, shall seek solutions that, to the maximum extent practical, are consistent with the intent and purpose of this article.
G.
The provisions of this Riverside Overlay District shall not be utilized or available until such time that a proposed development project can be serviced by a community wastewater treatment facility.
§ 330-403 Definitions.
The definitions below describe terms as they appear in this article that are technical in nature or that otherwise may not reflect common usage. Unless otherwise specified, if a term is defined in this § 330-403, and if it is defined in § 330-5 of this chapter, the definition in this § 330-403 shall apply. Additionally, if a term is not defined in this § 330-403, and if it is defined in § 330-5 of this chapter, the definition in § 330-5 shall apply. If a term is not defined in either section of this chapter, then the common usage of the term shall be used. In any interpretation of terms used in this article, the official or officials responsible for making such interpretation shall consult with the Project Development Council and the master developer.
A traveled way providing vehicular access to a parking lot, parking structure, garage, service area, loading area or building.
A combination of architectural and programmatic elements designed to stimulate and concentrate pedestrian activity along a public frontage, including frequent placement of entrances, storefronts, display areas and areas designed for multiple users.
The use of land and buildings, including rooftops, for one or more of the following purposes listed below, where no nuisance is created by such use:
AQUACULTURERaising aquatic plants or animals for sale.
COMMUNITY GARDENSLand managed by a public or not-for profit organization or association and used to grow plants or ornamental crops for household use, sale, or donation.
ROOFTOP GARDENSA garden on the roof of a building, used as private or public open space, providing increased viewshed opportunities. Roof planting may provide hydrological benefits, heat-island effect reduction (as described in § 330-410), architectural enhancement, building temperature control, habitats or corridors for wildlife, recreational opportunities, and other ecological benefits. Rooftop gardens may be used for rooftop farming.
ROOFTOP FARMINGProviding practice of cultivating food on the rooftop of buildings.
A room or suite of rooms with sanitary and kitchen accommodations used or designed for use as a residence, located in a building containing two or more such rooms or suites or located in a multifamily or mixed use building providing an area of minimum clear ceiling height and size regulated by the Building Code of New York State.
A private frontage type that has a series of arches or openings carried by columns or piers, and provides a covered walkway with access to adjacent storefronts compliant with storefront frontage requirements.
An establishment of up to 15,000 square feet in size, where small-scale art, craft, building components, food and beverage, and similar products are produced and/or sold on the premises, including but not limited to arts and crafts, microbreweries, musical instrument makers, toy makers, furniture makers.
The renting of not more than three rooms in an owner-occupied dwelling for lodging and serving of breakfast to not more than six casual and transient roomer, provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling.
The aggregate of private lots, parking and rear access lanes, as identified by the ROD Zoning Standards Map.
Brownfield Opportunity Area; the New York State Department of State (DOS) provides financial and technical assistance to municipalities and community-based organizations. Funding can be used to complete revitalization plans and implementation strategies for areas affected by the presence of brownfield sites, as well as site assessments for strategic sites.
A line parallel to the front lot line as defined by § 330-5 of the Town Code, measured from the face of curb of the adjoining street at a distance defined by that street type, or a line at the edge of an approved pedestrianway or riverside promenade.
The portion of a lot between the build-to-line and a line parallel to the build-to-line and further from the street, occupied by the private frontage at regulated frontage occupancy.
A building or portion thereof which houses a variety of entrepreneurial businesses within one space, on a temporary or transient basis, of uses that can be mixed per market demand and as permitted in that Overlay District per the Table of Permitted Uses.
Land accessible to the public that is available for public use.
The area of public frontage that allows for the unobstructed passage of pedestrians.
See "community benefit units."
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 as defined in § 330-412.
Land managed by a public or not-for profit organization or association and used to grow plants or ornamental crops for household use, sale, or donation.
Open space enclosed by buildings and edging elements.
Any facility for public entertainment, including theaters, museums, galleries, cinemas and indoor amusement establishments.
The portion of pavement marking the transition from the vehicular to the pedestrian realm. It may be raised, flush, with bollards or similar indications. (See "face of curb.")
Any point of access along a street where the curbline is broken in order to permit the passage of vehicles to another street, access lane, loading area, parking area or parking structure.
A facility that provides services or management for data processing and houses related equipment.
See "site, development."
Areas of same zoning designation displayed on the Official Zoning Standards Map along with the associated development standards and regulations of this article.
The commercial enterprise of storing documents, goods, and materials.
Any drive-through or drive-in bank or drive-through or drive-in establishment.
Type of an edging element; a low masonry wall, platform or stair.
Structures, walls, or landscaping along the edges of public spaces or private frontages that define and enclose the public realm, and are provided for 100% of the site frontage except where approved street walls, curb cuts, pedestrianways, entryways and civic spaces are provided.
Provision of educational services, public or private, including but not limited to primary and secondary schools, nursery schools, colleges and universities, music schools, dance schools, vocational schools, apprenticeship programs, and facilities designed to provide instruction in any other recognized skill or vocation.
To break the plane of a vertical or horizontal regulatory limit with a structural element or other architectural element so that it extends into a setback or into the public frontage.
Architectural elements that define the base, middle and top of a building and unify different buildings along a public frontage through use of horizontal expression elements, such as moldings, shading devices, changes of material and cornices, that complement and continue the prevailing character of adjacent and nearby buildings.
The face of a building fronting on a street, civic space or riverside promenade.
The vertical side of a curb or the end of a flat curb at the edge of the traveled way.
The top surface of sidewalks or other improved surface after completion of construction or grading operations.
A private frontage type, where a portion of the building facade is set back to allow for large gardens, bioretention areas, or similar uses.
Private open space created when a portion of the front facade is set back to allow for outdoor dining areas or landscaping areas, while maintaining a strong visual and pedestrian connection with adjoining public frontage and conforming to permitted private frontage type.
The face of a building fronting on a street, civic space or riverside promenade.
The contiguous length of all lots measured as the linear feet at the build-to-line.
The aggregate length of a site or development site fronting on one or more streets or a riverside waterfront, measured in feet along the build-to-line.
The percentage of the site frontage that must be occupied by a street wall or civic space within the build-to-zone.
The site frontage facing the street type of the highest priority where A is the highest and C is the lowest. The riverside promenade shall be treated as having priority equal to an A street.
The area above the build-to-zone where the building's front facade or the street wall is located. See "build-to-zone."
The area located between the face of curb and the build-to-line.
See "frontage, development site."
The portion of the public frontage between the pedestrian clearway and the front facade allowing for building fixtures (e.g., lighting, signage, projected architectural mouldings), removable planters, landscaping areas, signage boards and similar.
The private frontage types, as further described in § 330-411, are: storefront frontage, arcade frontage, hamlet frontage, stoop frontage, porch frontage, lightwell frontage, forecourt frontage and mid-block frontage.
See "agriculture," Subsection C, Rooftop gardens.
A studio or one-bedroom dwelling unit established in conjunction with and clearly subordinate to the single-family detached dwelling (one-family dwelling, detached), whether as a part of the same structure as the primary dwelling unit or a detached dwelling unit on the same lot, shall not be counted as an additional dwelling for the purposes of calculating permitted residential zoning density, and complying with the standards outlined in Article IIA, with the exception of § 330-11.2F and H.
An uppermost story, usually day-lit by dormer windows, in which a sloping roof replaces the upper part of the front wall, in which 50% or less of its area has a clear interior height of seven feet or more.
A private frontage type with less substantial active edge and glazing at the sidewalk level than storefront frontage.
The vertical distance measured from the average elevation of the natural grade along the building's elevation located in a build-to-zone of the primary frontage, to the highest point of the roof, except as specified by height exceptions. See § 330-410F, Building height. For properties in coastal high hazard areas, according to 169-16 and 169-17 of the Town Code for Residential and Non-residential Structures in Coastal High Hazard Areas, the height is measured two feet above the base flood elevation where the lowest floor (including basement) is located.
A buiding, portion of a building, or group of buildings, with individual rooms with sleeping and sanitary facilities or dwelling units providing living facilities for tourists and vacationers on a transient basis.
The area of public frontage that allows for landscaping, and placement of street furniture.
Type of edging element; a hedge or row of plants and/or flowers, including rain gardens or similar.
Private frontage type, typically residential, where the facade is set back to allow for below-grade entrances or windows designed to allow light into basements.
A building designed to screen another building or use of less active frontage from a view within a build-to-zone, street or civic space.
A building or spaces within a building that combine a commercial or artisan production activity with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household.
A facility for the berthing of all types of recreational watercraft, providing secure moorings and offering fishing stations.
The development entity selected by the Southampton Town Board to perform development in the Riverside Overlay District pursuant to the Master Developer Agreement executed on April 16, 2014.
Offices of physicians and dentists, including outpatient medical and surgical services and facilities, medical labs, and also including animal hospitals.
Private frontage type with lower frontage occupancy, that permits courtyard, drop-off and parking areas with incorporated edging elements to screen the view from the street.
A building or site designed for and containing more than one of the uses permitted in that district listed on the Table of Permitted Uses.
See "mixed use."
A single-use building containing three or more apartments.
A mixed-use building containing two or more apartments.
Premises allowing for the transaction of general business but excluding retail and artisan production facility.
Type of edging element; a semi-transparent fence.
A continuous horizontal projection for most of a facade. The parapet can be a designated location for measure of building height for buildings with flat roofs.
A municipal or private surface used for parking, accessory to principal uses on the same lot or on a separate lot.
A tool to implement parking management strategies that result in more efficient use of parking resources, including but not limited to: sharing, regulating and pricing of parking facilities, more accurate requirements, use of on- or off-site parking facilities, use of hydraulic lifts and automated systems, use of tandem parking, or improved user information and incentives to use alternative modes.
An isolated or integrated structure containing one or more stories of parking above or below grade.
An area within the public frontage that must remain clear of obstructions to allow public passage.
An outdoor pedestrian trail, paved or unpaved, connecting to an integrated pedestrian walkway system of pedestrian walkways, pedestrianways, pedestrian clearways, riverside promenade, waterfront boardwalk and other pedestrian access points.
A type of a civic space, an outdoor pedestrian access between buildings, streets, civic spaces and parking areas which may be open or roofed.
See § 330-411.
Type of edging element, landscaped planters.
See § 330-411.
See § 330-411.
Private frontage type, typically residential, where the facade is set back from an attached porch, single-story or multistory, where the street level porch is no less than five feet deep, and may not be screened or glazed.
See "frontage, primary."
The main point of access for pedestrians into a building.
Type of edging element; an opaque fence or wall for screening utility and service areas.
See "frontage, private."
A privately owned outdoor space located at ground level or on upper floors, designed to provide outdoor dining, passive recreation, gardens, urban agriculture, plaza space, sitting areas, green roof, landscaped courtyards or similar spaces for associated occupant use, not including parking areas, roofs not designed for associated occupant use, loading areas or mechanical areas.
Services rendered by an attorney, a licensed professional, including but not limited to certified public accountant, professional engineer, architect, landscape architect, physician, dentist, speech pathologist, audiologist, chiropractor, podiatrist, physical therapist or psychologist, actuary, appraiser, business consultant and development manager, financial institution and financial advisor, information technology professional, certified planner, public relations professional, recruiter, researcher, real estate professional, surveyor, translator.
An advisory committee established by the Town Board to advise an applicant and Town agencies pursuant to a resolution adopted on June 12, 2012 (No. 2012-641) whose membership, scope of review and duties may be modified in this article.
See "frontage, public."
A business and/or club which, for compensation and/or dues, offers recreational services, including but not limited to gyms, health clubs, movie theaters, children's play facilities, or other places for public or private entertainment.
The systematic study and application of knowledge or understanding, directed toward the production of useful materials, devices, and systems or methods, including design, development, and improvement of prototypes and new processes to meet specific requirements.
An adult care facility where compensation and/or reimbursement of costs is paid to an operator, pursuant to state or federal standards, licensing requirements, or programs funding residential care services.
Sale of goods and/or provision of personal services directly to the ultimate consumer.
Incentives for private property owners that choose to seek additional height and density. See § 330-410.
The area of the Town of Southampton regulated by this Article XXXI ("this article") pursuant to the Town Comprehensive Plan, urban renewal area, corresponding with the area covered by the BOA boundary and Master Developer Agreement. The acronym "ROD" refers to the geographic area covered by this article (i.e., the ROD area), the ROD regulations (ROD zoning), and the group of specific overlay zones created and described herein.
A public frontage, as identified on the Zoning Standards Map, providing a walkway with continuous public access to the Peconic River and its riverfront, and connections to other waterfront walkways, Riverside Parkland and nearest streets. See also "waterfront, riverside."
Riverside Overlay District, §§ 330-400 to 330-420.
Regulates a combination of a traveled way, public frontage, private frontage and the associated edging elements, and defines the character of the street.
The distance between a specified lot line and the side or rear of a building. (See also "build-to-line" and "build-to-zone.")
The portion of a traveled way or right-of-way available for use by vehicles, bicycles and other forms of transportation at very low speeds, unless shared with pedestrians, when it becomes a shared way.
A pedestrian-dedicated corridor that may be shared with bicycles and occasional vehicles traveling at very restricted slow speeds as designated by the Town. Portions of the riverside promenade and pedestrianways may be designated as shared ways.
A corner location, at the intersection of streets, providing a distinguishing architectural element, building massing, or a composition of architectural elements to signify the importance of the corner. Architectural elements may include distinguishing materials, textures, colors, fenestrations, cornices, balconies, or similar elements designed to feature a corner. A significant corner may function as a terminating vista.
An assemblage of one or more contiguous lots controlled through an individual owner, contract vendee, or a group of owners acting together to develop under the provisions of this article.
Structure or improvement for the generation of energy from renewable resources, including, but not limited to, wind, solar, geothermal, methane, wood, biomass and alcohol, not to exceed a generating capacity of 100 kilowatts.
See § 330-411.
Private frontage type, typically residential, with an elevated first floor to sufficiently secure privacy for the windows, with entrance accessed from an exterior stair(s) and landing that may be a perpendicular or parallel to the sidewalk and located within the build-to-zone.
A private frontage type primarily for retail or restaurant use, with regulated minimum percentage of glazing and active edge, complying with storefront frontage or arcade frontage requirements. See § 330-411.
That portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds 1/3 of the area of the room or space immediately below, it shall be deemed a story. A basement, including parking, shall be deemed to be a story when the finished floor immediately above is six feet or more above the average elevation of the finished grade. An attic shall be deemed to be a story where it meets the requirements for habitable space.
The public right-of-way bound by lot lines. The combination of the private frontage, public frontage, the traveled way, and the associated edging elements, defines the character of the street, regulated by the street type.
Regulates a combination of a traveled way, public frontage, private frontage and the associated edging elements, and defines the character of the street. A classification assigned to a street establishing the depth of public frontage. See § 330-408.
The front facade positioned at angles to 45° or less to the build-to-line, and located within a build-to-zone at a regulated height, to form an uninterrupted pedestrian experience of street enclosure.
The vertical height of a street wall measured from the median grade of a sidewalk at the street wall to the highest vertical plane of a facade at a roofline, or the top of the parapet, located within the build-to-zone.
A location at the axial conclusion of a street or exposed viewshed as designated on the Zoning Standards Map to provide a building, structure, or a civic space framed by buildings of high architectural quality, specifically designed to visually attract a viewer's attention at the end of such visual axis.
The area of public frontage that serves as an extended entrance and storefront interaction area and allows for placement of building fixtures and planters. See § 330-408D.
The portion of a street between the curbs and available for use by vehicles, bicycles and other forms of transportation.
The purpose for which a structure or lot is arranged, designed or intended to be used, occupied or maintained.
Facilities and structures, including community aggregation, used for production, generation, transmission and distribution of services, including but not limited to electric, gas, water, sewer, telephone, cable TV, and internet access services, excluding local services directly provided to buildings by cables, wires, poles and pipes, and excluding wireless communication towers.
A continuous strip of landscaping located in the landscaping and furnishing zone of the public frontage.
A utility facility for the collection and treatment of sanitary sewage through approved processes for the purpose of improving the quality of groundwater and water bodies.
A public frontage providing a continuous access to the Peconic River and its riverfront, or connections to the River or Riverside Parkland. See also "riverside promenade."
See "Districts, Zoning."
The official map and related maps of the Riverside Overlay District that are part of the land development regulations that delineate the boundaries of individual Riverside Overlay Zones. See § 330-407.
§ 330-405 Establishment of District; overlay zones.
Certain other entities and legal instruments are referenced herein for the purpose of securing related public improvements and community benefits. These include the following, which are detailed more fully in the enumerated sections below:
Project Development Council.
Parking. (See § 330-410.)
Community benefits policies. (See § 330-416.)
Civic spaces. (See § 330-409.)
The Riverside Overlay District (ROD) is shown on the map entitled "Town of Southampton Zoning Map" (hereinafter referred to as the "Southampton Zoning Map"), and is divided into seven overlay zones shown as RO-1, RO-2, RO-3, RO-4, RO-5, RO-6, and RPL or RO-7.
A. 
Official Town of Southampton Zoning Map, Suffolk County, New York.
This figure is an excerpt of the Official Town of Southampton Zoning Map designating the location of the Riverside Overlay District.
VB | Village Business | R80 | Residential 80,000 |
HB | Highway Business | OSC | Open Space Conservation |
SCB | Shopping Center Business |  | Zoning District Boundaries |
OD | Office Business |  | Tax Parcel Lines |
MTL | Motel Business |  | Aquifer Protection |
RWB | Resort and Waterfront Business |  | Central Pine Barrens Overlay District Boundary |
LI40 | Light Industrial 40,000 |  | Central Pine Barrens Compatible Growth Area |
R15 | Residential 15,000 |  | Riverside Overlay District (ROD) |
R20 | Residential 20,000 | ||
CR40 | County Residential 40,000 |
B. 
Riverside Overlay District Boundary Map.
§ 330-407 ROD Zoning Standards Map.
A.
The ROD is divided into the following Overlay Districts, shown as RO-1, RO-2, RO-3, RO-4, RO-5, RO-6, and RO-7. The boundaries of these Overlay Zones are shown on the Zoning Standards Map and the Town of Southampton Zoning Map.
B.
The Riverside Overlay District consists of the following districts:
(1)
RO-1 Riverside Hamlet Center. The intent of this district, located within 1/4 mile of Downtown Riverhead and the Riverside traffic circle, is to encourage public activities and the greatest variety and mix of uses, including a range of residential, retail, hospitality, cultural and entertainment uses. The RO-1 District permits the highest densities and requires compact design with vertically and horizontally integrated residential and nonresidential uses. Parking standards and pedestrian amenities required in this zone reflect its pedestrian access to waterfront and existing walkable downtown with commuter rail, and other transit options.
(2)
RO-2 Riverside Hamlet Neighborhood. The intent of this district, located within 1/2 mile of Downtown Riverhead and the Riverside traffic circle, is to support, similarly to the RO-1 District, a wide variety and mix of uses, promoting a range of retail choices and commercial uses as well as a variety of residential options. The RO-2 District also permits the highest densities and promotes compact design with vertically and horizontally integrated residential and nonresidential uses. Parking standards and pedestrian amenities required in this district also reflect its immediate access to Hamlet Center and Downtown Riverhead with commuter rail and other transit options.
(3)
RO-3 Riverside Special District. The intent of this district, located mostly between 1/2 mile and 3/4 mile of Downtown Riverhead and the Riverside traffic circle, is to support a variety of uses with employment in focus and high concentration of housing choices. The RO-3 District promotes lower intensity of uses while it continues to promote compact design with vertically and horizontally integrated residential and nonresidential uses. Parking standards and pedestrian amenities support proximity Hamlet Center.
(4)
RO-4 Riverside Gateway District. The intent of this district is to create a transition in vehicular approach to Riverside along major routes, with a wider range of uses than the underlying zoning districts permit, and lower densities than the other RO Districts.
(5)
RO-5 Riverside Suburban District. The intent of this district is to maintain the suburban character of existing neighborhoods while allowing higher densities than the underlying zoning districts permit.
(6)
RO-6 Riverside Waterfront District. The intent of this district is to accentuate Riverside's maritime character while allowing a greater mix of uses and waterfront related businesses than the underlying zoning districts permit.
(7)
RO-7 Parkland. The intent of this district is to protect designated parcels as protected land, for active and passive use, with no future development.
C.
If a parcel is located in more than one Riverside Overlay District, the applicant shall be entitled to apply the building use and downtown incentive bonus district provisions for the more permissive district to the entire parcel. However, the development standards shall apply to the portions of the site located in each district. (See § 330-410 B, C, and G.)
D.
In the RO-1, RO-2, and RO-3 Districts, building form, frontage and design criteria promote high-quality streetscape and a pedestrian friendly environment, quality public and civic areas, and vertically and horizontally integrated residential and nonresidential uses, with an interconnected network of streets, wide sidewalks, orderly street tree plantings, and buildings set close to the sidewalks. The procedures for these districts are contained in § 330-413.
E.
A Zoning Standards Map is hereby established and incorporated into this article for all zoning districts within the ROD. The development standards, street standards, and civic space requirements and standards in §§ 330-408, 330-409, and 330-410 are keyed to the Zoning Standards Map to show how these standards apply in different portions of each district.
F.
The ROD Zoning Standards Map, because of its level of detail, is available on both one large sheet and in a series of tiled maps, along with a legend and key map.
G.
The ROD Zoning Standards Map designates a series of zoning standards elements to regulate the building forms most appropriate for each overlay district, street, block and lot. This map regulates street types, terminating vistas, significant corners and required frontage types.
(1)
(2)
Terminating vistas. The Zoning Standards Map designates locations where terminating vistas are required. Where a new street is created, conceptually shown or not shown on the Zoning Standards Map, or for development sites at the riverside promenade, a building at a termination of newly created axis of that street shall become a new terminating vista. See § 330-411F.
(3)
Significant corners. The Zoning Standards Map designates locations where significant corners are required as defined in § 330-410E. Where a new street is created, conceptually shown or not shown on the Zoning Standards Map, or for development sites at the riverside promenade, a building at a corner of newly created axis shall contain a new significant corner, as approved by the Planning Board.
(4)
Required frontage types. The Zoning Standards Map designates certain locations where storefront frontage types are required according to the standards established in § 330-410C. Certain limitations on permitted residential uses apply to these designated storefront frontage locations, as provided in § 330-410A.
(5)
Riverside Promenade. The Zoning Standards Map conceptually depicts location of the riverside promenade, a public frontage to provide a continuous public access to the Peconic River and its riverfront, and connections to other waterfront walkways, riverside Parkland and nearest streets.
(6)
Pedestrianways, walkways or Waterfront Boardwalk. The Zoning Standards Map conceptually depicts locations of pedestrian corridors, where their character and placement shall be determined during the site plan application process, with a goal of providing a public access to the Peconic River and its riverfront, riverside Parkland and other pedestrian clearways that connect throughout the community, and creating an integrated pedestrian network system.
H.
Riverside Overlay District Map; Zoning Standards Map.
(1) 
Riverside Overlay District Map.
(2) 
Riverside Overlay District Map (color).
(3) 
Zoning Standards Key Map.
(4)
ROD Zoning Standards Map legend.
Districts and Boundaries | Zoning Standards Requirements | ||
 | Riverside Overlay District Boundary |  | Riverside Promenade |
 | RO-1 Riverside Hamlet Center |  | Storefront Required1 |
 | RO-2 Riverside Hamlet Neighborhood |  | Significant Corner |
 | RO-3 Riverside Special District |  | Terminating Vista |
 | RO-4 Riverside Gateway District |  | Pedestrianway, Walkway Or Waterfront Boardwalk Required2 |
 | RO-5 Riverside Suburban District | Street Types | |
 | RO-6 Riverside Waterfront District |  | Street A |
 | RPL (RO-7) Riverside Parkland |  | Street B |
 | District Boundary |  | Potential New Street3 |
 | Property Line |  | |
NOTES: | |
1 | Where storefront required is designated along a site on the ROD Standards Map, a storefront frontage or arcade frontage shall be provided and active frontage standards shall apply. |
2 | Where pedestrian access required is shown on the ROD Standards Map, as represented by its conceptual location, the final location and type of such access shall be determined during the site application process. Additional pedestrianways and walkways may be proposed by the applicant. |
3 | Where new street is shown on the ROD Standards Map, as represented by its potential conceptual location, the final location and street type designation shall be determined during the site application process. Additional new streets may be proposed by the applicant. |
(5) 
ROD Zoning Standards Map Tile 1.
(6) 
ROD Zoning Standards Map Tile 2.
(7) 
ROD Zoning Standards Map Tile 3.
(8) 
ROD Zoning Standards Map Tile 4.
(9) 
ROD Zoning Standards Map Tile 5.
(10) 
ROD Zoning Standards Map Tile 6.
§ 330-408 Street and block standards.
A.
Intent. This section provides standards for improved connectivity and walkability within the ROD by defining street types and associated minimum standards. The combination and character of the traveled way, public frontage, and private frontage define the character of the public realm.
(1)
The street type is a classification assigned to a street that determines the width of the public frontage as distance of a build-to-line from the face of curb, regulates the width of the pedestrian clearway and the type of the associated permitted private frontages.
(2)
The private frontage type regulates the depth of the build-to-zone and the minimum frontage occupancy, minimum clear glazing area, dimensional depth of the visible use of the ground floor, allowable placement of parking, and the combination of allowed frontage edging elements.
B. 
Figure 408.B(1) Mid-Block Connectivity
Block standards.
Figure 408.B(1) Mid-Block Connectivity
(1)
Mid-block connectivity.
(a)
Site plans shall promote a connected network linking each site to its surrounding block and neighborhood by providing new streets where large blocks exist to increase permeability, access, and improve vehicular and pedestrian circulation.
(b)
Where blocks facing A Streets or B Streets within RO-1, RO-2, and RO-3 are 500 feet or longer, sites with more than 200 feet of street frontage may be required to provide mid-block pedestrianways and/or new streets to connect the front of the site to existing or planned pedestrianways at the rear of the site or riverside promenade. The purpose of this provision is to reduce the length of uninterrupted block frontages and provide a lighted and connected network of walkways through large blocks.
(2)
New intersection standards.
(a)
Upon site plan approval, all existing curb cut and site access privileges to a site shall be extinguished and applicants shall provide access to the site as prescribed in the site plan approval.
(c)
The Planning Board and the PDC shall encourage and facilitate the coordination of design and construction of new streets and new intersections with existing and proposed development on the opposite side of an A Street, B Street or C Street within another block; however, the Planning Board and PDC shall not interpret these standards to prohibit development on opposing blocks if a safe means of access to those sites can be reasonably accomplished through careful planning and coordination.
(d)
To the greatest extent possible, opposing street and access lane center lines shall align with each other, unless the Planning Board, after recommendation by the PDC, approves otherwise.
(e)
The Planning Board, after recommendation by the PDC, shall have the authority to approve the location and placement of new intersections.
C. 
Figure 408.C(1) Traveled Way
Street and traveled way standards.
Figure 408.C(1) Traveled Way
(1)
Street type designations.
(a)
The ROD Street Types Map, see § 330-407, assigns street types to each existing street and provides potential conceptual location of the proposed riverside promenade, new streets and pedestrianways/walkways/waterfront boardwalk.
(b)
New streets designation. Through the process of block development, as described by this article, the applicant shall propose, and upon the recommendation of the Project Development Council, the Planning Board shall designate all new streets as A Streets, B Streets, or C Streets, to reflect the importance of pedestrian and commercial activity, the intended form of development, and the need for traffic management along each.
(c)
All streets shall be designated as one of the following:
[1]
A Street: a primary street, designed to promote the most active pedestrian and commercial activity in the Hamlet, with a twelve-foot public frontage on both sides of the street offering the greatest flexibility and opportunities for pedestrian-oriented streetscape design and storefront activity.
[2]
B Street: a secondary street, designed to promote active pedestrian activity in the Hamlet, with a public frontage of 17 feet six inches on both sides of the street offering opportunities for pedestrian-oriented streetscape design and occasional storefront activity.
[3]
C Street: a tertiary street, designed to provide access and service access to lots, with a minimum public frontage of six feet zero inches on at least one side of the street.
(d)
Riverside promenade. A waterfront primary frontage with highest priority equal to an A Street, designed to promote the most active pedestrian activity, and commercial activity, with a minimum public frontage of 25 feet, offering the greatest flexibility and opportunities for pedestrian-oriented waterfront design.
(2)
Responsible parties.
(a)
Traveled way responsible parties.
[1]
The design, maintenance and rehabilitation of an existing travelled way shall be the responsibility of the owner (e.g., Town, county, or state).
[2]
The design and construction of new traveled ways shall be the responsibility of the applicant proposing new streets. All new streets shall comply with the permitted traveled way types as adopted by the Town of Southampton, and shall be offered for dedication to the Town of Southampton.
(3)
New streets, riverside promenade, access lanes and pedestrianways/walkways.
(a)
Street types influence the character of a street by regulating the placement of a build-to-line, and associated public and private frontages as described in the Table and Diagrams of Permitted Travelled Way Types for each Riverside Overlay District in § 330-411, Design Manual, and Table of Frontage Standards in § 330-410, Development Standards.
(b)
See § 330-411, Design Manual, containing provisions to establish design standards and guidance for the design of new streets and access lanes, or modifications of existing streets. The Planning Board shall require applicants to comply with the provisions of this manual.
(c)
Site access standards.
[1]
The Planning Board may require that sites provide for, following recommendation by the PDC, a pedestrian access, service access, and/or loading access within a reasonable distance from a public street or access lane.
[2]
The Planning Board may require, where appropriate and necessary, provision of adequate access to a site, an access lane at one or more locations within the site, at the side(s) of the site, or at the rear of the site on the street level, with a clear vertical area of a minimum 14 feet.
[3]
The Planning Board may require the applicant to design new streets, riverside promenade, access lanes and/or pedestrianways/walkways to connect to other streets, riverside promenade, pedestrianways/walkways, access lanes, loading areas, parking areas or parking structures on the applicant's site or on adjacent sites.
[4]
The Planning Board may require the applicant to construct new streets, riverside promenade, access lanes and/or pedestrianways/walkways within the designated access easements, and may require these ways, lanes or streets. The Planning Board may also require adjoining property owners to combine access easements from adjoining sites to create an interconnected network of streets, promenade, access lanes and pedestrianways/walkways.
[5]
Riverside promenade and pedestrianways shall provide an access easement, accessible to the public at least 16 hours a day.
[6]
A portion of a pedestrianway may be located within a building (e.g., entryway), provided that it maintains the access easement as specified in § 330-408C(3)(c)[5].
(d)
Where a pedestrianway is required, the applicant may choose to satisfy the requirement by providing an A Street, B Street, or C Street as approved by the Planning Board.
(e)
For those sites creating new streets or facing the riverside promenade, the applicant shall establish a build-to-line and create the frontage type as required by § 330-410, Table of Frontage Standards, and approved by the Planning Board.
(f) 
Figure 408.C(3)(f) Traveled Way
C Streets and pedestrianways shall not require private frontages.
Figure 408.C(3)(f) Traveled Way
[1]
Applicants may choose to establish a build-to-line and provide a public frontage at permitted frontage occupancy, as described in § 330-410B as permitted by the Planning Board.
[2]
Only C Streets and pedestrianways with conforming frontages may be included in the measurement of the development site frontage.
D. 
Figure 408.D(5) Public Frontage
Public frontage.
Figure 408.D(5) Public Frontage
Landscape and Furnishing Zone | A |
Pedestrian Clearway | B |
Transition Zone | C |
Required Width of Public Frontage | D |
(1)
The design, rehabilitation and construction of public frontages within the public right-of-way, including curbs, shall be the responsibility of the applicant, according to the design standards established in this article, § 330-411, and other associated design guidelines adopted by the Planning Board. The applicant is responsible for obtaining approval of such improvements from all agencies with jurisdiction over the public right-of-way.
(2)
To qualify for development using the provisions of this article, all sites shall meet the minimum site area and site frontage requirements as defined in § 330-410C, and public and private frontage standards set by this article.
(3)
All sites shall provide a public frontage along the riverside promenade and each A Street and B Street, as provided in 410 C Table of Frontage Standards in § 330-410, Development Standards.
(4)
Where the required build-to-line as identified in § 330-408D would be located within the public street right-of-way, the build-to-line shall instead be placed at the front lot line(s).
(5)
All public frontages shall provide a landscape and furnishing zone, pedestrian clearway zone and a transition zone according to the minimum dimensions established in § 330-410C, Table of Frontage Standards for the designated street type along each public frontage. See § 330-411, Design Manual, for design standards.
(a)
The landscape and furnishing zone establishes an area for the placement of parking fee meters, street signage, streetlighting, bike racks, refuse receptacles, street trees and bioretention areas, transit stop waiting and enclosure areas, seating furniture, or similar items.
(b)
The pedestrian clearway zone establishes an area for the clear passage of pedestrians.
(c)
The transition zone establishes an area for placement of building fixtures (lighting, signage, projected architectural molding etc), grade transitions, removable planters and landscaping, signage board, seating furniture, extended outdoor dining, or similar items while it serves as an extended entrance and storefront interaction area.
E. 
Figure 408.E(1)
Build-to-line.
Figure 408.E(1)
(1)
The build-to-line defines the portion of the build-to-zone closest to a street, and therefore regulates the frontage standards.
(3)
In RO-1, where the application includes modification of an existing building located at less than 12 feet from the face of curb, the build-to-line shall move to accommodate the existing condition.
(4)
A build-to-line shall be designated along the riverside promenade at the edge of the public frontage, and at least 75 feet from the wetland line, as approved by the Planning Board with permission obtained from agencies with jurisdiction in wetland areas.
(5)
There are no private frontage requirements on C Streets and pedestrianways, and a private frontage may be established during the site plan approval if:
(a)
A public frontage exists, or will exist as a result of site plan approval; and
(b)
Additional site frontage is necessary to meet minimum ROD, RIB-1 or RIB-2 requirements;
(c)
A public frontage is necessary as continuation of an existing frontage of neighboring properties;
(d)
All such frontages shall establish a build-to-zone with minimum frontage occupancy requirements.
§ 330-409 Civic space and private open space standards.
A.
Limitation on applicability. This § 330-409 applies only within the RO-1, RO-2, RO-3, RO-4, RO-5, and RO-6 Zones.
B.
General civic space and private open space requirement. Each site shall provide a minimum of 10% of its site area in the form of civic space and a minimum of 5% as private open space or demonstrate alternate compliance as defined in § 330-409C below.
C.
Provision of civic space. All sites shall provide civic space by one or a combination of the following methods:
(1)
Where a site is 15,000 square feet or more in area, an applicant may provide the civic space on-site in the form of one or more of the permitted civic space types listed in § 330-411D(2).
(2)
Where a site is less than 15,000 square feet in area, an applicant may contract and/or bond for placing such civic space on another site located within 1,000 feet of the site, or as otherwise approved by the Planning Board.
(3)
On any site, an applicant may elect to pay a fee-in-lieu for civic space calculated by a formula to be determined by the Fee Schedule, § 330-413C. Where the new streets or pedestrian corridors with required streetscape areas are designed and constructed, those areas shall be included in the calculation to satisfy the requirement of provision of civic space.
D.
Maintenance.
(1)
Privately owned civic space shall be maintained by its owner or a private entity such as a property owners' association, municipal improvement district or business improvement district.
(2)
Publicly owned civic space shall be maintained by its public owner or a contracted entity such as a property owners' association, municipal improvement district or business improvement district.
E.
Civic space standards. To qualify for designation by the Planning Board as a civic space, the space shall:
(1)
Be in a form of ownership acceptable to the Town of Southampton.
(2)
Provide public access at least 16 hours per day.
(3)
Adhere to the standards established for civic spaces in this section.
(4)
With the exception of a civic space approved as a piazza, only those spaces directly contiguous to a public frontage and visible from the sidewalks on A Streets, B Streets or C Streets shall qualify as land eligible for credit as civic spaces.
(5)
A minimum of 15% of the civic space shall be provided with landscaping in the form of fountains, benches, open-air covered pavilions, gardens, planting areas, tree canopy areas, or similar civic or natural features, in accordance with provisions of sustainability requirements in § 330-410, and § 330-411, Design Manual.
(6)
All civic spaces shall establish build-to-lines, at the perimeter of the area designated as civic space, and the build-to-zone for the chosen private frontage shall be designated on the site plan. All civic spaces shall fulfill the frontage requirements of the private frontage; however exceptions may be granted by the Planning Board for pedestrianways and walkways of less than 16 feet in width to permit mid-block connectivity.
(7)
Approved civic spaces fronting on streets with required street frontage occupancy requirements shall be treated as 100% occupied.
F.
Design standards for civic space. Provisions with standards and guidance on the design of civic space are provided in § 330-411D, Civic space design standards.
G.
Private open space. Private open space can be located on the ground floor, upper floors or the rooftop of the building.
§ 330-410 Uses and development standards.
A. 
Figure 410.A(1) 
Figure 410.A(2)(a)
Private frontage and build-to-zone.
Figure 410.A(1)
Figure 410.A(2)(a)
(1)
The private frontage is the area above the build-to-zone, at a depth that is regulated by required or chosen private frontage type, as defined in § 330-410C, Table of Frontage Standards.
(2)
The character of the private frontages effects the character of a street, and is defined by the frontage occupancy, building height, architectural elements, uses, glazing or transparency of the ground floor, active edge, placement of parking and services, and combination of the provided frontage edging elements. The private frontage provisions of this section and § 330-411, Design Manual, regulate both form and use.
(a)
All sites shall provide a private frontage along each A and B Street and along the riverside promenade.
(b)
C Streets and pedestrianways shall not require private frontages, except under provisions provided in § 330-408E(5).
(c)
Primary building facade and primary entrance shall be located within a primary frontage and shall address the street of higher importance, as recommended by the Project Development Council (PDC) and approved by the Planning Board.
(e)
Storefronts when required by § 330-407 shall occupy the full depth of the private frontage and a minimum of 15 feet, except for artisan production as defined in § 330-410D(5), Table of Uses, and when located on corner sites shall wrap the corner for a minimum of 15 feet.
(f)
Off-street or structured parking shall be located as specified in § 330-410H, and screened or lined by buildings or permitted edging elements.
(g)
The private frontage allows building entrance alcoves and expanded sidewalk area for outdoor dining, building facade articulation, inclusion of projected and/or recessed building elements, and building alignment with existing neighboring buildings.
B. 
Figure 410.B(1) 
Figure 410.B(3)
Frontage occupancy.
Figure 410.B(1)
Figure 410.B(3)
(1)
All sites must satisfy the minimum frontage occupancy as provided in § 330-410C, Table of Frontage Standards.
(2)
Frontage occupancy is defined as a percentage, and calculated as the length of street walls and civic spaces along the build-to-zone, divided by the length of the site frontage.
(3)
To satisfy the frontage occupancy requirements the required percentage of the site frontage must be occupied by a street wall or civic space within the build-to-zone.
(4)
In RO-1 where the site contains frontage on an A Street and riverside promenade, the Planning Board may reduce or relieve the frontage occupancy requirement.
C.
Table of Frontage Standards.
(1)
Public frontage.
STREET TYPES | ||||
|---|---|---|---|---|
Street Type A | Street Type B | Street Type C | Riverside Promenade | |
Distance from face of curb to build-to-line | 12 feet | 17 feet 6 inches | 6 feet | |
Landscape and furnishing zone minimum | 3 feet | 4 feet | 2 feet | |
Pedestrian clearway minimum | 6 feet | 6 feet | 4 feet | 10 feet |
Transition zone minimum | 2 feet | 5 feet | 0 feet | |
(2)
Private frontage.
Street Type A | Street Type B | Street Type C | Riverside Promenade | ||||||
|---|---|---|---|---|---|---|---|---|---|
Private Frontage Types | Minimum Clear Glazing Area Required | Build-To-Zone (BTZ) Depth | Minimum Frontage Occupancy | Build-To-Zone (BTZ) Depth | Minimum Frontage Occupancy | Build-To-Zone (BTZ) Depth | Minimum Frontage Occupancy | Build-To-Zone (BTZ) Depth | Minimum Frontage Occupancy |
Storefront frontage1 | 50%3 | 15 feet | 80% | 15 feet | 80% | None | 0% | 15 feet | 60% |
Arcade frontage1 | 50%3 | 15 feet2 | 80% | 15 feet4 | 60% | None | 0% | 15 feet | 60% |
Hamlet frontage | 40%4 | 15 feet | 80% | 15 feet | 60% | None | 0% | 15 feet | 60% |
Stoop frontage | 30%5 | 15 feet | 80% | 15 feet | 60% | None | 0% | 15 feet | 40% |
Porch frontage | 30%5 | 15 feet | 80% | 15 feet | 60% | None | 0% | 15 feet | 40% |
Court frontage | 30%5 | 15 feet | 60% | 15 feet | 50% | None | 0% | 15 feet | 40% |
Mid-block frontage | 30%6 | X | X | X | X | None | 0% | X | X |
X | Not permitted |
NOTES: | |
1 | On streets designated on the Zoning Standards Map as "Storefront Required" a storefront frontage or arcade frontage is required. |
2 | Provided that the structural columns or piers are located within 5 feet of the build-to-line. |
3 | Minimum clear glazing area required between 2 feet and 8 feet above the sidewalk. Glazing can be 30% when used when storefront is not required. |
4 | Minimum clear glazing area required between 2 feet and 10 feet above the sidewalk. |
5 | Minimum clear glazing area required between 4 feet and 13 feet above the sidewalk. |
6 | Minimum clear glazing area required between 4 feet and 7 feet above the sidewalk. |
(3)
Permitted edging elements.
PERMITTED EDGING ELEMENTS2,3 | |||||
|---|---|---|---|---|---|
Private Frontage Types | Edge Structure EE-1 | Ornamental Fence EE-2 | Privacy Fence EE-3 | Planters EE-4 | Landscaped Edge EE-5 |
42 Inches Maximum Height | 72 Inches Maximum Height | 72 Inches Maximum Height | 72 Inches Maximum Height | 42 Inches Maximum Height | |
Storefront frontage1 | P | P | X | P | P |
Arcade frontage1 | P | P | X | P | P |
Hamlet frontage | P | P | X | P | P |
Stoop frontage | P | P | X | P | P |
Porch frontage | P | P | X | X | P |
Court frontage | P | P | X | P | P |
Mid-block frontage | P | P | X | P | P |
X | Not permitted |
NOTES: | |
1 | On streets designated on the Zoning Standards Map as "Storefront Required" a storefront frontage or arcade frontage is required. |
2 | Combination of permitted edging elements can be used at the approval of the Planning Board. |
3 | Chain link, barbed wire, razor, chicken wire, stockade fencing, and split rail fencing shall be prohibited. |
D.
Permitted uses by district.
(1)
The schedule of principal uses within the ROD is shown in the Table of Principal Uses, and uses are listed as permitted (P) or prohibited (X).
(2)
All uses prohibited in the underlying zoning districts shall also be prohibited in the ROD, except as otherwise allowed in the Table of Principal Uses.
(3)
Accessory uses customarily associated with principal uses shall be permitted.
(4)
The provisions of this Riverside Overlay District shall not be utilized or available until such time as a wastewater treatment facility is provided to service such lands or developments.
(5)
Table of Principal Uses.
Use | District | ||||||
|---|---|---|---|---|---|---|---|
RO-1 | RO-2 | RO-3 | RO-4 | RO-5 | RO-6 | RO-7 | |
MIXED USE | |||||||
Mixed-use building | P | P | P | P | X | P | X |
Live-work unit | P | P | P | P | X | X | X |
RETAIL | |||||||
Retail | P | P | P | X | X | P | X |
Restaurant | P | P | P | X | X | P | X |
Drive-through | X | X | X | X | X | X | X |
OFFICE | |||||||
Office | P | P | P | P | X | X | X |
Medical office | P | P | P | P | X | X | X |
Professional service | P | P | P | P | X | X | X |
Business incubators | P | P | P | X | X | X | X |
RESIDENTIAL1 | |||||||
Home occupation/home prof. office | P | P | P | P | P | P | X |
Single-family | X | X | X | X | P | X | X |
Townhome | P | P | P | P | X | P | X |
Two-family | P | P | P | P | P | P | X |
Granny-flat4 | X | X | X | X | P | X | X |
Multiple dwelling | P | P | P | P | X | P | X |
Multifamily residence | P | P | P | P | X | X | X |
CULTURAL | |||||||
Theater | P | P | P | X | X | X | X |
Museum | P | P | P | P | X | P | X |
HOSPITALITY | |||||||
Hotel | P | P | P | X | X | P | X |
Bed-and-breakfast | P | P | P | P | P | P | X |
Residential care facility | P | P | P | P | X | P | X |
RECREATION/EDUCATION | |||||||
Recreational business | P | P | P | P | X | P | P |
Educational use | P | P | P | P | P | P | X |
Camping grounds | X | X | X | X | X | X | P |
RELIGIOUS/CIVIC | |||||||
Houses of worship | P | P | P | P | X | P | X |
Library | P | P | P | P | X | X | X |
SPECIAL WATERFRONT | |||||||
Marina | P | X | X | X | X | P | X |
LIGHT INDUSTRIAL | |||||||
Artisan production facilities2 | P | P | P | P | X | P | X |
Research and development facility | P | P | P | P | X | X | X |
Data information center | P | P | P | P | X | X | X |
Document/misc. storage | P | P | P | P | X | X | X |
Renewable energy facilities | P | P | P | P | X | P | X |
Agricultural use | P | P | P | P | P | P | X |
Animal husbandry | X | X | X | X | X | X | X |
PARKING FACILITIES | |||||||
Parking structure | P | P | P | P | X | P | X |
Parking lot | P | P | P | P | X | P | P |
ADULT ENTERTAINMENT3 | |||||||
Adult entertainment use | X | X | X | X | X | X | X |
INFRASTRUCTURE | |||||||
Utilities | P | P | P | P | P | P | X |
Wastewater treatment plant | P | P | P | P | P | P | X |
P | Permitted |
X | Prohibited |
NOTES: | |
1 | Private dwelling units are prohibited within the private frontage area on the first floor of storefront frontages. |
2 | Where storefronts are required, artisan production shall provide a storefront for a depth of a minimum of 30 feet. |
3 | As defined in § 330-162.17 of the Town of Southampton Zoning Ordinance. |
4 | Only permitted as an accessory to existing single-family home. |
E.
Site development standards and incentives.
(1)
The dimensional standards shown in the table below shall apply to each site, except those located in RO-7 (Parkland) allocated for active and passive recreation only. These standards include base ROD standards as well as development incentives for large lots and parcel assembly (RIB-1 and RIB-2).
(2)
Where public sewerage is not available, no lot shall be built upon which has insufficient space for a private sanitary waste disposal system, as determined by the Town and the Suffolk County Department of Health Services.
(3)
Development standards1 for RO-1, RO-2, RO-3, RO-4, RO-5 and RO-6.
ROD Base Requirements | Riverside Incentive Bonus 1 RIB-1 | Riverside Incentive Bonus 2 RIB-2 | ||
|---|---|---|---|---|
Site Frontage Minimum (feet) | All Districts | 75 | 150 | 300 |
Site Area Minimum (square feet) | 7,500 | 15,000 | 60,000 | |
Building Height | RO-1 | 2 stories min (30 feet streetwall height min2) 3 stories and 35 feet max | 3.5 stories max 45 feet max | 4.5 stories max 55 feet max |
RO-2 | 2 stories min, 3 stories and 35 feet max | 3.5 stories max 45 feet max | 4 stories max 50 feet max | |
RO-3 | 16 feet streetwall height min, 2.5 stories and 35 feet max3 | 3 stories max 40 feet max | 3.5 stories max4 45 feet max | |
RO-4 | 16 feet streetwall height min 2 stories, and 32 feet max | 2.5 stories max 35 feet max | No bonus available | |
RO-5 | 2 stories, and 32 feet max | 2.5 stories max 35 feet max | No bonus available | |
RO-6 | 16 feet streetwall height min 2 stories, and 32 feet max | 2.5 stories 35 feet max | 3.5 stories max 40 feet max | |
Parking | All Districts | ROD minimum requirements | Increased shared access or new streets | |
Bicycle Parking | ROD minimum requirements | RIB-1 and RIB-2 minimum requirements (§ 330-410J) | ||
NOTES: | |
1 | All setbacks in RO-5 District shall comply with the setbacks prescribed by the underlying zoning. |
2 | Base height; if minimum streetwall height required, needs to comply for at least 30% of frontage. |
3 | Or max height of the underlying zoning, whichever is greater. |
4 | Except where the underlying zoning is LI-40, then a maximum of 4 stories is permitted. |
(4) 
Base site development standard in RO-1, RO-2 and RO-3.
(a)
Minimum site area shall be 7,500 square feet.
(b)
Minimum site frontage shall be 75 feet.
(c)
RO-1 only: minimum streetwall height shall be 30 feet for at least 30% of the frontage.
(d)
RO-1 and RO-2: Base height shall be two stories minimum, three stories and 35 feet maximum.
(e)
RO-3: Base height for building shall be two stories minimum, two stories and 35 feet maximum.
(6) 
Site development standard for RIB-1 in RO-1, RO-2 and RO-3.
(7) 
Site development standard for RIB-1 in RO-4, RO-5 and RO-6.
(8) 
Site development standard for RIB-2 in RO-1, RO-2, RO-3, RO-4, and RO-6.
(a)
Minimum site area shall be 60,000 square feet.
(b)
Minimum site frontage shall be 300 feet.
(c)
RO-1: Building height shall be a maximum of 4.5 stories and 55 feet.
(d)
RO-2 and RO-3: Building height shall be a maximum of 4.0 stories and 50 feet.
(e)
RO-6: Building height shall be a maximum of 3.5 stories and 40 feet.
(9) 
Building placement standards.
(a)
Parking shall not be located within the private frontage except when located below grade with ceiling at maximum 4.5 feet above ground.
(b)
C Streets do not have a private frontage requirement.
(c)
Whenever possible, access to surface and structured parking shall be from approved shared access drives or new C Streets.
(d)
Trash containers shall not be stored in locations visible from the public right-of-way.
F.
Building height.
(1)
No building or portion thereof shall exceed the maximum building height, as designated in § 330-410E, Site development standards and incentives, measured along the nearest build-to-zone.
(a)
Height exceptions.
[1]
Open railings, planters, skylights, parapets, and firewalls may extend up to four feet above the maximum height limit with unlimited rooftop coverage.
[2]
Solar collectors may extend up to seven feet above the maximum height limit, with unlimited rooftop coverage.
[3]
The following structures may extend up to 10 feet above the maximum height limit, as long as the combined total coverage of all features listed in this subsection does not exceed 10% of the roof area if the total includes:
[a]
"Green" energy production or reduction equipment (e.g., solar collectors, wind turbines, solar hot water systems).
[b]
Stair and elevator penthouses.
[c]
Mechanical equipment.
[d]
Greenhouses, urban agriculture structures, and solariums.
[e]
Play equipment and open-mesh fencing that encloses it, as long as fencing is at least 15 feet from the roof edge.
[f]
Minor communication utilities and accessory communication devices.
[g]
Cupolas and steeples.
[h]
Architectural treatments used as significant corners or terminated vistas.
(b)
Rooftop greenhouses that are dedicated to food production are permitted, provided that all mechanical equipment is screened and that no rooftop features are located closer than 15 feet to the roof edge.
G.
Projections and encroachments.
(1)
Building projections such as bay windows or balconies shall be permitted to encroach into a required front, side or rear yard setback, or across a build-to-line, provided that:
(2)
Signs, awnings, architectural nonstructural encroachments, such as cornices or canopies and similar elements that are not occupied space, may encroach beyond a build-to-line and shall provide a minimum of 10 feet of clearance over public frontage, if determined by the PDC to be consistent with the regulations and intent of the frontages.
H.
Parking requirements.
(1)
Required parking. The number of parking spaces required to be provided by an applicant seeking site plan approval are defined in § 330-410H.
(a)
Table of Required Parking.
Use | Proposed ROD Parking Requirements |
|---|---|
Retail Uses | |
Retail | 3 spaces per 1,000 square feet |
Restaurant | 3 spaces per 1,000 square feet |
Office Uses | |
Office/professional service/business incubator | 2 spaces per 1,000 square feet |
Medical office | 2 spaces per 1,000 square feet |
Residential | |
Residential | 1 space per unit |
Hospitality | |
Hotel | 1 space per unit |
Bed-and-breakfast | 1 space per unit |
Residential care facility | 1 space per 5,000 square feet |
Recreation and Civic Uses | |
Theater | 2 spaces per 1,000 square feet |
Library | 1 space per 1,000 square feet |
School/educational use | 1 space per 1,000 square feet |
Recreational business | 1 space per 1,000 square feet |
Light Industrial and Warehouse | |
Artisan production | 2 spaces per 1,000 square feet |
Research and development | 2 spaces per 1,000 square feet |
Document/misc. storage | 1 space per 5,000 square feet |
Data information center | 1 space per 5,000 square feet |
(2)
The parking requirements above may be adjusted for development under Riverside Incentive Bonus 1 or 2 (RIB-1 or RIB-2), based on the parking management plan demonstrating the projected operational characteristics of the use and its need for parking.
(3)
Parking location.
(a)
Parking can be provided on-site or off-site and demonstrated by a parking management plan.
(b)
The use of on-street parking adjacent to the block frontage is allowed to demonstrate parking sharing in a parking management plan.
(c)
No parking shall be located within a build-to-zone except when located below grade with ceiling at maximum 4.5 feet above finished grade. Exact location of parking will be determined during site plan review.
(d)
A parking structure or portion thereof located below a finished floor less than six feet above the average elevation of the finished grade shall be deemed as a basement and not counted as a story.
(e)
To the extent a parking agency has been established by the Town, where parking is not provided, the applicant shall pay a fee in-lieu, per the Fee Schedule, § 330-413C.
(f)
The PDC and Planning Board shall work with the applicant to ensure that as much as possible of any new parking is available for shared or public use.
I.
Sustainable development standards. The minimum sustainable development requirements shown in § 330-410I(1) shall be satisfied.
(1)
Table of Sustainability Requirements.
BASE | RIVERSIDE INCENTIVE BONUS (RIB) 1, 2 | ||
|---|---|---|---|
ALL DISTRICTS | Reduce Impacts to Water Resources | All new development within ROD must connect to an approved wastewater treatment facility that provides advanced nitrogen treatment reduction capabilities. | |
Maximum 15% of the site may be planted with fertilizer dependent vegetation; limiting landscaped areas that will require irrigation, fertilization and pesticide applications by retaining natural vegetation to the maximum extent possible and revegetating areas that have been disturbed during the construction process but will remain undeveloped with native or well-adapted noninvasive species | |||
Reduce Water Use [See § 330-410I(2)] | Reduce indoor water use 20% below baseline (use of low flow fixtures, fittings and appliances) | ||
Outdoor Potable Water Consumption [See § 330-410I(3)] | Reduce potable water consumption for outdoor landscape irrigation by 50% from a calculated midsummer baseline case (use of plant species, density and microclimate; irrigation efficiency; water reuse) | ||
Heat Island Reduction [See § 330-410I(4)] | Heat island reduction for 50% of the nonroof site hardscape providing increased shade and permeable coverage | ||
Install "green" roof for at least 50% of roof area or use roofing materials with low solar reflectance index for 75% of roof | |||
Provision of Open Space Requirement (See § 330-409B) | Provide 10% of development site area as public open space | ||
Provide 5% of development site area requirement as private open space | |||
Stormwater Management | Use of pretreatment of stormwater runoff prior to infiltration using "green infrastructure" practices such as vegetated swales, filter strips, rain gardens, green roofs, other best management practices (BMPs) in accordance with the New York State Stormwater Management Design Manual and the Suffolk County Planning Commission Managing Stormwater Guide. | ||
Reduce Carbon Emissions | Provide public frontages to encourage pedestrian activity | ||
Provide bicycle parking racks for residents, visitors and employees (See § 330-410J.) | |||
Provide parking as required (for base requirements) | Provide PMP and increase car sharing (for RIB-1 and RIB-2) | ||
Clearing | Contribution to a Riverside Fair Share Mitigation Fund to advance benefits to natural vegetation in the central pine barrens | ||
Ensure that existing quality contiguous natural pine barrens habitat is retained in the study area through design | |||
Advance wastewater treatment opportunities, nitrogen removal, stormwater management, other technologies that will improve water quality in the pine barrens and resultant water quality in the Peconic Bay system, consistent with the legislative findings and intent of Article 57 | |||
(2)
Table of Building Water Efficiency Baselines.
Fixtures, Fittings and Appliances | Current Baseline |
|---|---|
National Efficiency Baselines for Commercial Water-Using Fixtures, Fittings and Appliances1 | |
Commercial toilets | 1.6 gpf2 except blow-out fixtures: 3.5-gpf |
Commercial urinals | 1.0 gpf |
Commercial lavatory (restroom) faucets | 2.2 gpm at 60 psi; private applications only (hotel-motel guest rooms) |
0.5 gpm at 60 psi3 all others except private applications | |
0.25 gallons per cycle for metering faucets | |
Commercial pre-rinse spray valves (for food service applications) | Flow rate ≤ 1.6 gpm (no pressure specified; no performance requirement) |
National Efficiency Baselines for Residential Water-Using Fixtures, Fittings and Appliances1 | |
Residential toilets | 1.6 gpf4 |
Residential lavatory (bathroom) faucets | 2.2 gpm at 60 psi |
Residential kitchen faucet | |
Residential showerheads | 2.5 gpm at 80 psi per shower stall5 |
NOTES: | |
1 | Adapted from information developed and summarized by the U.S. EPA Office of Water. |
2 | EPAct 1992 standard for toilets applies to both commercial and residential models. |
3 | In addition to EPAct requirements, the American Society of Mechanical Engineers standard for public lavatory faucets is 0.5 gpm at 60 psi (ASME A112.18.1-2005). This maximum has been incorporated into the National Uniform Plumbing Code and the International Plumbing Code. |
4 | EPAct 1992 standard for toilets applies to both commercial and residential models. |
5 | Residential shower compartment (stall) in dwelling units: The total allowable flow rate from all flowing showerheads at any given time, including rain systems, waterfalls, body sprays, body spas, and jets, shall be limited to the allowable showerhead flow rate as specified above (2.5 gpm) per shower compartment, where the floor area of the shower compartment is less than 2,500 square inches For each increment of 2,500 square inches of floor area thereafter or part thereof, an additional showerhead with total allowable flow rate from all flowing devices equal to or less than the allowable flow rate as specified above shall be allowed. Exception: Showers that emit recirculated nonpotable water originating from within the shower compartment while operating are allowed to exceed the maximum as long as the total potable water flow does not exceed the flow rate as specified above. |
(3)
Reduce outdoor potable water consumption.
(a)
Reduce potable water consumption for outdoor landscape irrigation by 50% from a calculated midsummer baseline case.
(b)
Reductions may be attributed to any, but not limited to, combination of the following items:
[1]
Plant species, density and microclimate factor.
[2]
Irrigation efficiency.
[3]
Use of captured rainwater.
[4]
Use of recycled wastewater.
[5]
Use of water treated and conveyed specifically for nonpotable uses.
[6]
Use of other nonpotable water sources, such as stormwater, air-conditioning condensate, and foundation drain water.
(4)
Heat island reduction.
(a)
Minimum requirement for heat island reduction shall be achieved through any combination of the following strategies for 50% of the nonroof site hardscape (including sidewalks, courtyards, parking lots, parking structures, and driveways):
(b)
Minimum requirement for heat island reduction shall be achieved through any combination of the following strategies for roof areas:
[1]
Use roofing materials that have a SRI equal to or greater than the values in the table below for a minimum of 75% of the roof area surface of all new buildings within the project.
Roof Type | Slope | SRI |
|---|---|---|
Low-sloped roof | ≤ 2:12 | 78 |
Steep-sloped roof | > 2:12 | 29 |
[2]
Install a vegetated roof for at least 50% of the roof area of all new buildings within the project.
[3]
Combinations of SRI compliant and vegetated roof can be used, provided that they collectively cover 75% of the roof area of all new buildings.
J.
Bicycle parking requirements.
(1)
Applicants shall provide bicycle parking and storage capacity according to the following minimum requirements:
(a)
Residential: At least 0.1 secure bicycle rack space per unit; provide secure visitor bicycle racks on-site, with at least one bicycle space per 20 dwelling units but no fewer than four spaces per project site.
(b)
Retail: At least one secure, bicycle storage space per retail worker for 10% of retail worker planned occupancy; provide visitor/customer bicycle racks on-site, with at least one bicycle space per 10,000 square feet of retail space, but no fewer than one bicycle space per business.
(c)
Nonresidential other than retail: Provide at least one secure, bicycle storage space per occupant for 10% of planned occupancy; provide visitor bicycle racks on-site with at least one bicycle space per 10,000 square feet of commercial nonretail space but not fewer than four bicycle spaces per building.
K.
(Reserved)
L.
Riverside incentive bonuses.
(1)
Two types of Riverside Incentive Bonuses are available to applicants, RIB-1 and RIB-2. The RIB-2 bonus provides a higher level of yield than the RIB-1 bonus but contains more restrictive requirements. In order to achieve a RIB, a landowner must control a minimum lot size, additional site frontage and meet stricter sustainable development standards.
(2)
Riverside Incentive Bonus 1 (RIB-1). RIB-1 applies to all overlay districts, as designated in § 330-410E, Site development standards and incentives.
§ 330-411 Design Standards Manual.
A.
Intent and purpose.
(1)
In order to create buildings that contribute to the redevelopment and revitalization of Riverside as intended by the Riverside Revitalization Action Plan and based on Riverside community's input as documented, and to contribute to the long-term sustainability of Riverside, building design and landscape design shall be guided by the standards contained in this section, as well as the other sections of this Article XXXI.
(2)
The primary purpose of this section is to institute legally enforceable regulations pertaining to regulated design elements of travelled way, public and private frontages within the ROD Zones. Where guidelines are created, the purpose is to clarify the intent and ensure that the integrity of this article is achieved through visual appeal of the public realm.
(3)
Where the terms "may," "can," "should," or their synonyms are used, the intent is to provide guidance to achieve the intent of this section.
(4)
This section shall not replace or take precedence over applicable building life safety codes. No requirement in this section is meant to supersede any construction detail or practice, including those that would prevent water from penetrating a building.
B.
Traveled way design standards.
(1)
The standards in this section apply to both public streets and private streets.
(2)
The table of Permitted Travelled Way Types, § 330-411B(10) lists the requirements for specific traveled way types permitted as A, B or C Streets in each Riverside Overlay District.
(3)
Section 330-411B(10) identifies pedestrianway, riverside promenade and boardwalk types applicable in each district as well as the minimum right-of-way width and permitted landscaping type.
(4)
Travel lane. All travel lanes on new streets shall be 10 feet or as otherwise approved by the Planning Board.
(5)
Drainage.
(a)
All new roads shall utilize natural drainage or alternate systems as approved by the Planning Board, provided that they are engineering feasible and ecologically sound and recommended by the Superintendent of Highways.
(6)
Culs-de-sac. Culs-de-sac shall be prohibited unless a connection to a pedestrianway or riverside promenade is provided.
(8)
Curb, crosswalk and handicap ramps.
(a)
The minimum curb return radii shall be 15 feet on all new streets and larger at major intersections.
(b)
Curbs can be rolling or flat where alternate drainage systems including bioswales are provided.
(c)
Crosswalks shall be marked.
(d)
Handicap ramps shall be provided at all crosswalks.
(e)
Curb extensions with perpendicular curb ramps and landscaping shall be incorporated at crosswalks where possible.
(9)
Medians. When medians are included, they shall be landscaped where practical.
(10)
Permitted travelled way types.
Street ID | Street Type | RO-1 | RO-2 | RO-3 | RO-4 | RO-5 | RO-6 |
|---|---|---|---|---|---|---|---|
AV-1 | Avenue1 | P | P | P | X | X | P |
AV-2 | Avenue | P | P | P | X | X | X |
AV-3 | Avenue | P | P | P | P | P | P |
AV-4 | Avenue | P | P | P | P | P | P |
ST-1 | Street | P | P | P | P | P | P |
ST-2 | Street | P | P | P | P | P | P |
ST-3 | Street | P | P | P | P | P | P |
ST-4 | Street | P | P | P | P | X | P |
LN-1 | Lane | P | P | P | P | P | P |
LN-2 | Lane | P | P | P | P | P | P |
LN-3 | Lane | P | P | P | P | P | P |
LN-4 | Lane | P | P | P | P | P | P |
P | Permitted |
X | Prohibited |
NOTES: | |
1 | Permitted only as existing street. |
(a) 
Avenue AV-1: Avenue with two-way travel lanes, center turn lane and parallel parking on both sides.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
CL | 10 | Center turn lane |
SL | 10 | Shared lane |
P | 8 | Parallel parking |
(b) 
Avenue AV-2: Avenue with two-way travel lanes and bike lane in shoulder on both sides.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
CL | 10 | Center turn lane |
DL | 10 | Drive lane |
BL | 7 | Bike lane |
(c) 
Avenue AV-3: Avenue with two-way travel lanes, parking and bike lanes on both sides.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
DL | 10 | Drive lane |
P | 8 | Parallel parking |
B | 3 | Buffer |
BL | 5 | Bike lane |
(d) 
Avenue AV-4: Avenue with two-way travel lanes, parking on both sides, and bike lanes on one side.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
DL | 10 | Drive lane |
P | 8 | Parallel parking |
B | 3 | Buffer |
BL | 10 | Bike lane |
(e) 
Street ST-1: Street with two-way travel lanes and bike lane in shoulder on both sides.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
DL | 10 | Drive lane |
BL | 7 | Bike lane |
(f) 
Street ST-2: Street with one-way travel lane and angled parking on one side.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width | Description |
SL | 10 feet | Shared lane |
AP | 17 feet 8 inches | Parallel parking |
B | 3 feet | Buffer |
(g) 
Street ST-3: Street with two-way travel lanes and parallel parking on both sides.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
SL | 10 | Shared lane |
P | 8 | Parallel parking |
(h) 
Street ST-4: Two-way travel lane with angled parking on both sides.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width | Description |
SL | 10 feet | Shared lane |
AP | 17 feet 8 inches | Angled parking |
(i) 
Lane LN-1: Shared lane with one-way travel and parallel parking on both sides.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
SL | 10 | Shared lane |
P | 8 | Parallel parking |
(j) 
Lane LN-2: Shared lane with one-way travel lanes and parallel parking on one side.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
SL | 10 | Shared lane |
P | 8 | Parallel parking |
(k) 
Lane LN-3: Shared lane, one-way travel.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
SL | 10 | Shared lane |
LS | Landscaped shoulder | |
(l) 
Lane LN-4: Perpendicular parking access with two-way shared travel lanes.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
SL | 10 | Shared lane |
PP | 18 | Perpendicular parking |
W | 6 | Walkway |
(11)
Permitted pedestrian corridor types.
Type ID | Type | RO-1 | RO-2 | RO-3 | RO-4 | RO-5 | RO-6 | RO-7 |
|---|---|---|---|---|---|---|---|---|
PW-1 | Pedestrian way | P | P | P | P | P | P | P |
PW-2 | Pedestrian way | P | P | P | P | P | P | P |
RP-1 | Riverside promenade | P | X | X | X | X | P | P |
RP-2 | Riverside promenade | P | X | X | X | X | P | P |
RP-3 | Riverside promenade | P | X | X | X | X | P | P |
WK-1 | Boardwalk | P | P | P | P | P | P | P |
WK-2 | Walkway | P | P | P | P | P | P | P |
P | Permitted |
X | Prohibited |
(a) 
Pedestrianway PW-1: Pedestrianway with established frontage.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
SW | 10 | Shared way |
(b) 
Pedestrianway PW-2: Pedestrianway.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
SW | 10 | Shared way |
LS | Landscaped shoulder | |
(c) 
Boardwalk WK-1: Boardwalk.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
B | 6 | Boardwalk |
WL | Wetlands | |
(d) 
Walkway WK-2: Walkway.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
W | 4 | Walkway |
WL | Wetlands | |
(e) 
Riverside promenade RP-1: Riverside promenade at existing bulkhead.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
SW | 10 | Shared way |
LS | Landscaped shoulder | |
(f) 
Riverside promenade RP-2: Waterfront promenade and boardwalk.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
SW | 10 | Shared way |
B | 6 | Boardwalk |
WL | Wetland line | |
LS | Landscaped shoulder | |
(g) 
Riverside promenade RP-3: Waterfront promenade and boardwalk.
Street Sections Legend | ||
|---|---|---|
ID | Minimum Width (feet) | Description |
SW | 10 | Shared way |
B | 6 | Boardwalk |
WL | Wetland line | |
LS | Landscaped shoulder | |
C.
Public frontage design standards.
(1) 
Landscape and furnishing zone design standards.
Landscape and furnishing zone | A |
Pedestrian clearway | B |
Transition zone | C |
(a)
The intent of the landscape and furnishing zone is established in § 330-408C(5) and minimum dimensional regulations are provided in § 330-410C, Table of Frontage Standards.
(b)
Street trees shall be planted within the landscape and furnishing zone using best tree planting practices
[1]
The distance between the planted trees shall be at intervals best suited for the approved species and in coordination with the function and design of the adjacent parking type.
[2]
Planted trees shall be of an approved species grown under the same climatic conditions, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated.
[3]
Planting shall consist of native species where possible and practical to conform to § 330-410I, Sustainable development standards.
[5]
Trees can be planted in tree pits where storefronts are required or provided and the paved sidewalk extends to the street.
[6]
An exception to the tree planting requirement may be considered by the Board where native woodlands and understory plants are deemed a desirable component of the localized landscape worthy of natural resources protection, and where the introduction of formal street trees form an alien intrusion into such landscapes.
(2) 
Pedestrian clearway design standards.
Landscape and furnishing zone | A |
Pedestrian clearway | B |
Transition zone | C |
(a)
The pedestrian clearway is the area of the public frontage allowing for a clear passage of pedestrians of a minimum dimensional regulations provided in § 330-410C, Table of Frontage Standards.
[1]
The pedestrian clearway shall connect to extended areas of sidewalk in landscape and furnishing and transition zones, where provided, to create larger sidewalk areas that extend from the curb to the face of the buildings.
[2]
The pedestrian clearway shall to the extent possible align with street crossings.
(b)
Where constructed of different materials, the pedestrian clearway shall provide a surface that is leveled, without breaks, at slopes per ADA requirements.
(3) 
Transition zone design standards.
Landscape and furnishing zone | A |
Pedestrian clearway | B |
Transition zone | C |
(a)
The intent of the transition zone is established in § 330-408C(5) and minimum dimensional regulations are provided in § 330-410C, Table of Frontage Standards.
(b)
The transition zone provides for variations within private frontage conditions to best accommodate for change in building use and building facade movement as permitted by § 330-410C, Table of Frontage Standards.
(c)
The transition zone shall provide for storefront interaction area and allow for active edge requirements per § 330-411E, Private design standards.
(d)
At building entrances:
(e)
Tables and seating furniture are permitted within this area for extended outdoor dining or resting areas.
(f)
Temporary product displays are permitted if not encroaching into the pedestrian clearway and are removed at the close of each business day.
D.
Civic space design standards.
(1)
The following programming and design considerations, among others, shall be evaluated for civic spaces by the PDC in making its recommendation to the Planning Board:
(a)
Solar orientation of civic space.
(b)
Amenities, such as water features, public bathrooms, informational kiosks, drinking fountains, play and entertainment areas.
(c)
Facilities for the use, retention and recharging of rainwater.
(d)
Public access and likelihood of use.
(e)
Seasonal programming of the space.
(f)
Intensity of adjacent private frontage(s).
(2)
To qualify for designation as a civic space, each proposed public civic space or privately owned civic space must comply with one of the following permitted civic space types and fulfill the requirements associated with that civic space:
(a) 
Plaza.
[1]
The civic space type fronting on an A or B Street, riverside promenade or pedestrianway with established frontage, framed by buildings on three sides.
[2]
The plaza shall be designed to match the importance of the adjacent A Street or pedestrian corridor, and contain private frontages as permitted on those streets and corridors.
[3]
The intensity of its areas are typically expressed through more intensively used harder landscaping.
[4]
Provides at-grade access to buildings with commercial uses.
(b) 
Corner Plaza.
[1]
The civic space type fronting on A or B Streets and riverside promenade or pedestrianway with established frontage, framed by buildings on two sides.
[2]
The corner plaza shall be designed to match the importance of the adjacent streets or pedestrian corridors, and contain private frontages as permitted on those streets and corridors.
[3]
The intensity of its areas are typically expressed through more intensively used harder landscaping.
[4]
Provides at-grade access to buildings with commercial uses.
(c) 
Piazza.
[1]
The civic space type placed within a block, framed by buildings on at least three sides and providing public frontage on more than one side, in addition to frontages satisfying requirements at block perimeter.
[2]
The piazza is a highly active public place programmed with retail, restaurant, hospitality, entertainment, cultural and/or civic uses.
[3]
The significance and intensity of its areas are typically expressed through more intensively used harder landscaping.
[4]
The piazza must connect to at least three perimeter streets directly or via other civic spaces.
[5]
Provides at-grade access to buildings with commercial uses.
(d) 
Square.
[1]
The civic space type surrounded by streets on at least three sides, that forms focal points in the public space network, featuring a community gathering place with trees, paved area, sitting area.
[2]
The square tends to be more formal and urban in nature, in contrast to a green.
[3]
The square may have a cultural, civic or commercial building generally open to the public and activating its use.
[4]
Provides at-grade access to buildings with commercial uses.
(e) 
Green.
[1]
The civic space type surrounded by streets on at least two sides featuring a community gathering place with trees, paved area, sitting area and may have a cultural, civic or commercial building generally open to the public.
[2]
The green tends to be less formal and urban in nature, in contrast to a square, with more soft landscaped areas.
[3]
The green may provide structures (e.g., gazebo) and furnishings for public use, active recreation areas, playgrounds and similar.
(f) 
Pocket park.
[1]
The civic space type with significant landscaping and treed areas, featuring a community gathering place with sitting area, framed by buildings on at least one side.
[2]
The pocket park may contain active recreation areas and playgrounds.
[3]
The pocket park shall be designed to match the importance of the adjacent streets or pedestrian corridors and contain private frontages as permitted on those streets and corridors.
[4]
Provides at-grade access to buildings with commercial uses.
(g)
Riverside streetscape enhancement areas.
[1]
Public frontage areas.
[2]
Riverside promenade: See § 330-411B(10).
[3]
Pedestrianway: See § 330-411B(10).
E. 
Private frontage design standards.
(1)
The standards for private frontage types, as regulated by street types, are provided in § 330-410C Table of Frontage Standards.
(2)
All sites in the RO-1 shall endeavor to create an active edge along streets and sidewalks, with intensity appropriate for the most intense riverside district.
(a)
Active edge shall be achieved through the design and frequent placement of entryways and increased clear glazing to promote pedestrian activity and commerce.
(b)
The architectural design for the ground floor street level shall provide entryways no further than 80 feet from the end of the street wall and the edge of each entryway shall be no greater than 80 feet from an adjacent entryway as measured along the build-to-line.
(3)
The first story of all street walls shall provide a minimum area of window glazing according to standards established in § 330-410C, Table of Frontage Standards.
(a)
The window glazing shall be clear, transparent glass.
(b)
Minimum clear glazing shall be measured at specified heights above the sidewalk where maximized transparency is required.
(c)
The glazing area percentage shall be determined by measuring the glazing surface area divided by the surface area of the street wall located between the first floor elevation and the ceiling of the second floor.
(4)
Private frontage types.
(a) 
411.E(4)(a) Figure 1 - Storefront frontage 
411.E(4)(a) Figure 2 - Storefront frontage build-to-zone 
411.E(4)(a) Figure 3 - Storefront frontage Build-To-Zone
Storefront frontage FR-1.
411.E(4)(a) Figure 1 - Storefront frontage
411.E(4)(a) Figure 2 - Storefront frontage build-to-zone
411.E(4)(a) Figure 3 - Storefront frontage Build-To-Zone
(b) 
411.E(4)(b) Figure 1 - Arcade frontage 
411.E(4)(b) Figure 2 - Arcade frontage
Arcade frontage FR-2.
411.E(4)(b) Figure 1 - Arcade frontage
411.E(4)(b) Figure 2 - Arcade frontage
(c) 
411.E(4)(c) Figure 1 - Hamlet frontage 
411.E(4)(c) Figure 2 - Hamlet frontage
Hamlet frontage FR-3.
411.E(4)(c) Figure 1 - Hamlet frontage
411.E(4)(c) Figure 2 - Hamlet frontage
[1]
Private frontage.
[a]
Active edge required; door separation distance maximum of 50 feet.
[b]
Allowed frontage edging elements: EE-1, EE-2, EE-4, EE-5.
[c]
Glazing requirement. A minimum of 40% of the street-level, street facing building area located between two feet and 10 feet above the sidewalk shall provide clear, nonreflective glass.
(d) 
411.E(4)(d) Figure 1 - Stoop frontage 
411.E(4)(d) Figure 2 - Stoop frontage
Stoop frontage FR-4. Stoop frontage FR-4 defines residential frontages with elevated entrances. Up to three stair raisers can be placed within the transition zone, and the ground plane within the BTZ can be hardscape continuation of sidewalk or landscaped (e.g., rain gardens).
411.E(4)(d) Figure 1 - Stoop frontage
411.E(4)(d) Figure 2 - Stoop frontage
(e) 
411.E(4)(e) Figure 1 - Porch frontage build-to-zone 
411.E(4)(e) Figure 2 - Porch frontage
Porch frontage FR-5. Porch frontage FR-5 defines residential frontages with elevated entrances. Up to three stair raisers can be placed within the transition zone, and the ground plane within the BTZ can be hardscape continuation of sidewalk or landscaped (e.g., rain gardens).
411.E(4)(e) Figure 1 - Porch frontage build-to-zone
411.E(4)(e) Figure 2 - Porch frontage
(f) 
411.E(f) Figure 1 - Forecourt frontage build-to-zone 
411.E(f) Figure 2 - Court frontage
Court frontage FR-6. Forecourt frontage FR-6 allows longer building recessed areas for gardens and bioretention areas.
411.E(f) Figure 1 - Forecourt frontage build-to-zone
411.E(f) Figure 2 - Court frontage
(g) 
411.E(g) Mid-block
Mid-block FR-7. Mid-block frontage FR-7 faces C Streets when the build-to-line has not been established.
411.E(g) Mid-block
F. 
Architectural design standards.
(1)
Significant corner.
(a)
Buildings shall meet the requirements of a significant corner in locations designated on the Zoning Standards Map in § 330-407, with the intent to visually attract a viewer's attention at important corner locations.
(b)
Where a civic space is considered at a designated significant corner, the requirement for the significant corner can be met outside of the build-to-zone.
(c)
The intent may be achieved by provision of towers, corner towers, an architecturally embellished entry, or other similar distinctive architectural elements.
(d)
Buildings providing tower elements may have the tower element exceed the maximum building height by 10 feet, provided that the overall area of the extended height does not exceed 10% of the floor area of the floor where it is appearing.
(e)
No more than one tower element shall be provided at such significant corner.
(f)
A building shall not have more than two tower elements that qualify as a significant corner or terminating vista, as approved by the Planning Board.
(2) 
Terminating vista.
(a)
Buildings shall meet the requirements of a terminating vista in locations of axial conclusion of a street or exposed viewshed as designated on the Zoning Standards Map in § 330-407, with the intent to visually attract a viewer's attention at the end of such visual axis.
(b)
Where a civic space is considered at a designated terminated vista, the requirement for the terminated vista can be met outside of the build-to-zone.
(c)
Vista termination may include towers, corner towers, symmetrical facades centered on a visual axis, an architecturally embellished entry, or other similar distinctive architectural elements.
(d)
Buildings providing tower elements may have the tower element exceed the maximum building height by one story, provided that the overall area of the extended height does not exceed 10% of the area.
(e)
No more than one tower element shall be provided at terminating vista.
(f)
A building shall not have more than two tower elements that qualify as a significant corner or terminating vista, as approved by the Planning Board.
(3)
Finished floor of buildings. Finished floor elevation of buildings other than commercial, mixed-use, and multifamily buildings shall be set with a finished floor a minimum of 18 inches above finished grade within the private frontage.
(4) 
Horizontal expression line.
(b)
Expression lines should be articulated through the use of material, moldings, shading devices, changes of material, changes of color, cornices, and other similar architectural elements.
(c)
Expression lines may consist of a continuous element (e.g., a trim), or interrupted lines that visually connect across the facade at the same height, formed by a balcony, a short setback or protruded element (e.g., a bay window), a slightly articulated trim course, or similar.
(5) 
Building massing.
(a)
Facade elements, including visual structural elements, openings, and details should utilize a coherent system of proportion.
[1]
A building facade should be composed of vertical proportions, whether in part or whole of the composition, and shall be designed so that assumed vertical loads are carried to the ground by a reasonable and convincing visible structure.
[2]
Windows shall be vertical in proportion, except where storefront frontage is required or provided.
(b)
Facades shall be composed of sections no wider than 45 feet.
[1]
Each section of facade shall have a visual change or break in top expression line (parapet or cornice) achieved by, and not limited to, changes in material with smaller recesses, recess, a different cornice height or different roof condition with break in the cornice; where gables should occur occasionally, inclusion of dormers.
[2]
Include vertical breaks in the facade while maintaining the streetwall within the private frontage to comply with § 330-410C.
[3]
In buildings with flat roofs massing shall be controlled by, and not limited to, more pronounced vertical breaks, change in height and type of parapet, inclusion of more pronounced overhang elements (e.g., cornices, and balconies), inclusion of mansard roofs, change in material, inclusion of pergolas for rooftop gardens.
(c)
Bay windows, where provided, shall be structurally supported in a manner appropriate to the architectural style.
(d)
When dormers are used, they shall light interior spaces.
[1]
The body of a single-window dormer shall be vertically proportioned or square and shall be consistent with the architectural style. Dormer windows shall be proportioned similar to or slightly shorter than typical windows in the floor below, unless square.
(e)
Shutters shall be of size to cover the windows, fixed or operable.
(6)
Building material.
(a)
Building materials shall be utilized in a manner appropriate to their intrinsic properties, including their structural capacities as demonstrated in openings and spans as approved by the Building Inspector.
[1]
Heaviest appearing materials shall be kept at the base of the building and lighter appearing above.
[2]
The following Arm's Length Rule and the Eyes' Only Rule shall establish the guidelines for the acceptability of such materials where substitute materials are used:
[a]
Arm's Length Rule: Substitute materials must be indistinguishable from the materials they are representing if they are to be used below the second floor.
[b]
Eyes' Only Rule: Substitute materials must be visually indistinguishable from the materials they are representing if they are to be used above the first floor.
(b)
No more than two wall materials, excluding fenestration, shall be visible on any exterior wall, not counting the foundation wall or piers.
[1]
Materials shall change only along a horizontal line and outside the public frontage, unless as a part of a different facade section per § 330-411F(5)(b).
(c)
Colors shall be consistent with the architectural style and shall be selected from a single quadrant of the color wheel.
(7)
Signs.
(a)
Signs shall be consistent with the architectural style.
[1]
Neon signs, fluorescent or glowing paint, billboards, moving or intermittently illuminated signs or advertising devices, and flashing signs shall be prohibited.
(b)
The permitted attached signs are:
[1]
The band sign: The band sign consists of a band of lettering across the entire width of the building. If lit, band signs shall be front-lit with gooseneck lights. Band signs shall be a maximum of 36 inches tall, and the bottom of the band sign shall not be installed less than 10 feet above the sidewalk.
[2]
The board sign: The board sign consists of painted or vinyl graphics on a signboard attached flush with the building wall.
(c)
The permitted projecting signs:
[1]
Blade signs: Blade signs hung from an architectural element shall be centered on that element. Blade signs projecting from the wall may project a maximum of three feet. The top of the blade sign shall be between nine feet and 12 feet above the sidewalk. The blade sign shall be 32 inches tall maximum. Brackets or other suspension device shall match the architectural style of the building and shall not be computed as part of the allowable size of the sign.
(d)
Ground signs: Sculptural and A-frame sign boards placed on the sidewalk shall be permitted if they are temporary and removed during nonoperating hours.
(e)
Awning signs: Signage may be painted either on the fringe of an awning or in the center of the body of the awning. Awning signs shall be painted directly on canvas. Back lit awnings are prohibited. Signs that occupy the fringe of the awning may fill the entire height and width of the fringe up to a maximum fringe height of nine inches.
(f)
Rooftop signs: Rooftop signs meant to be viewed from great distances shall be prohibited.
(g)
Freestanding, off-site and detached signs are prohibited unless noted otherwise.
§ 330-412 Community benefit units.
In accordance with the requirements of the Long Island Workforce Housing Act and Chapter 216 of the Town Code, it shall be the goal and objective of the Town Board to establish 50% of the total number of new housing units within the ROD area, approved under this article to be designated as community benefit units. The location, number, size and type of community benefit units shall be determined and distributed in accordance with the accompanying final generic environmental impact statement (FGEIS) and findings statement.
§ 330-413 Application review process for ROD.
A.
Objectives. The adoption of the planning standards set forth in the RRAP and the Riverside Overlay District encourages the economic redevelopment of the Riverside hamlet and enables the Town to provide an expedited and coordinated review of development proposals, thereby reducing the length and uncertainty normally associated with submitting applications using the underlying zoning. The Town Board hereby seeks to achieve the following goals and objections by the adoption of the ROD:
(1)
Provide applicants with an expedited review process.
(2)
Ensure the applicant's compliance with ROD requirements, including submission requirements and compliance with development standards of the RODs.
(3)
Review ROD incentives with applicants.
(4)
Review and clarify ROD application procedures with applicants.
(5)
Review the applicability of the community benefits policies.
(6)
Ensure coordination with other entities responsible for downtown civic space, parking, and other public improvements.
B.
Application review procedure. To achieve the above-referenced goals and objectives, all development within the Riverside Overlay District (ROD) shall comply with the following procedures rather than the procedures prescribed elsewhere in this chapter:
(1)
Initial contact meeting with the master developer. A potential applicant for development or use of land within the ROD shall initiate the process by meeting informally, free of charge, with the master developer at any time during normal business hours on a walk-in basis or by appointment. The purpose of this meeting is to obtain information about the RRAP and the process and requirements for approval of a project under this article. Potential applicants will receive instruction sheets and forms outlining the materials to be prepared for the mandatory presubmission conference with the Project Development Council as well as for the steps that follow in the site plan application process. The master developer will answer questions, including questions about the RRAP and the differences between this article and the underlying zoning. Potential applicants with small properties will be encouraged to work with other property owners and/or the master developer to form property owner alliances for joint applications. If the potential applicant elects to proceed with an application, the next step is a mandatory presubmission conference with the Project Development Council.
(2)
Presubmission conference with Project Development Council. The membership, scope of review and duties of the Project Development Council established by the Town Board on June 12, 2012, by Resolution Number 2012-641, are hereby modified to include a representative of the Master Developer; enlarge its scope of review to all applications for development within the ROD; and the following duties and responsibilities:
(a)
A presubmission conference with the Project Development Council is mandatory for all applicants for development within the ROD. The purpose of the presubmission conference is to review and discuss the applicant's development proposal and to advise the applicant as to the planning standards and recommendations under the ROD and its specific overlay zones; what must be shown on a site plan, wetland and/or special exception application, including all submission requirements, required improvements, required parking and civic spaces and/or fees in lieu thereof, required affordable housing, SEQRA requirements, wetland and/or special exception requirements (if any) and required compliance with the community benefits policies. If the applicant believes that the provision of community benefit units, public and/or semipublic civic spaces on-site is not feasible or necessary for compliance with this article, the applicant shall explain the reasons and discuss with the Project Development Council alternatives, including payment of a fee-in-lieu and possible off-site locations.
(b)
The presubmission conference shall be held by appointment made through the office of the Department of Land Management by completing an application specified by instruction sheets prepared by the Department of Land Management. Such application will typically include a conceptual site plan that shows proposed uses, location, footprint, and height of proposed buildings and accessory buildings, a sketch of the floor plans, elevations and facades of all buildings that face streets and public civic spaces, as well as civic space areas, setback areas, and parking areas, as well as a vicinity map with sufficient detail to show the immediate context of the proposed development and all surrounding properties within a radius of 200 feet. Any fee for the presubmission conference shall be set by the Town Board in a fee schedule.
(c)
The Project Development Council shall schedule and hold the presubmission conference within 20 days of receipt the application. Upon completion of the presubmission conference, the Project Development Council shall, within 20 days, prepare and forward to the applicant an advisory report with its recommendations for the development of the property, including the form of the next submission, whether it be an application for a building permit; an application for a commercial compliance certificate; administrative site plan and/or wetland review with the Department of Land Management; or site plan, wetland and/or special exception review with the Planning Board. In the event the proposed development involves the subdivision of land, the Project Development Council shall advise as to its recommendations related to the proposed layout and design of the subdivision and the procedures necessary to file such subdivision.
(d)
The Project Development Council, upon receipt of a referral from the Board of Appeals, shall consider and provide an advisory opinion on the effect of a proposed appeal, interpretation or variance on the ROD and the objectives of this article, as well as on the statutory standards upon which the Board of Appeals may grant relief.
(3)
Site plan review by the Planning Board. All applications for development within the ROD not eligible for administrative site plan review under § 330-183.1 shall be required to make a site plan, wetland and/or special exception application to the Planning Board in accordance with the procedures set forth in §§ 330-182 through 330-184.1. Notwithstanding any provisions to the contrary, the Planning Board may waive the presubmission conference procedures under § 330-184A if the applicant for the proposed development has elected to proceed under the provisions of this article rather than development under the underlying zoning and/or the Project Development Council has recommended that the applicant proceed directly to final site plan application. As provided under § 330-121B and § 325-5, the Planning Board shall incorporate review of an application for a special exception use and/or a wetlands permit with review of the site plan. Additionally, the Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any site plan submission requirement and/or design elements of this article, as in its judgment of the special circumstances of the development, are not requisite in the interest of the public health, safety or welfare and not contrary to the objectives of this article.
(4)
Subdivision review by the Planning Board. All applications for development within the ROD that involve the subdivision of the property shall be required to make application to the Planning Board in accordance with the procedures set forth in Chapter 292, Subdivision of Land. Notwithstanding any provisions to the contrary, the Planning Board may waive the preapplication procedures under Chapter 292 if the applicant for the proposed subdivision has elected to proceed under the provisions of this article rather than development under the underlying zoning and/or the Project Development Council has recommended that the applicant proceed directly to preliminary or final application. The standards for streets, highways and common access shall be pursuant to § 292-36, except as otherwise provided by §§ 330-408 and 330-411. The Planning Board may review a subdivision application concurrently with the review of a site plan application, pursuant to § 330-413B(4).
(5)
Appeals, interpretations and variances. Appeals, interpretations, variances or other form of relief from the provisions of this article may be granted by the Board of Appeals pursuant to the statutory requirements of Article XVIII of this chapter and §§ 267, 267-a, 267-b and 267-c of the New York State Town Law. Notwithstanding any provisions to the contrary, applications to the Board of Appeals may be accepted and granted without the need for a denial by the Building Inspector as provided in the aforesaid statutes. All applications to the Board of Appeals for development within the ROD shall be referred to the Project Development Council for an advisory opinion on the effect of a proposed appeals, interpretation or variance on the ROD and the objectives of this article, as well as on the statutory standards upon which the Board of Appeals may grant relief. The Project Development Council shall have 30 days after receipt of the referral from the Board of Appeals to provide written comments to the Board of Appeals. Upon the expiration of the thirty-day time period, the Board of Appeals may proceed with consideration of the application; however the failure of the Project Development Council to comment within said thirty-day time period shall not be construed as an endorsement of the application. When an application is referred to the Project Development Council by the Board of Appeals, the Project Development Council shall specifically address whether or not the proposed relief, if granted, will produce an undesirable change to the desired walkable and pedestrian-friendly neighborhood character to be created by this article. The Board of Appeals shall incorporate specific findings explaining the planning and design rationale for its decision.
C.
Fees. Fees associated with development under the ROD shall be charged according to a fee schedule adopted by resolution of the Town Board, as amended from time to time by resolution of the Town Board. Such fees shall be paid to the Town of Southampton for deposit in Town ROD special accounts, which shall be segregated from other Town funds and shall be used exclusively in connection with its identified purpose. The Planning Board may deem the provision of on-site or off-site civic spaces, private open spaces, and recreational indoor amenity spaces, to satisfy § 330-409B if such open space is available for public recreational purposes.
D.
Duration of approvals. All development proposals approved under this article shall remain valid for a period of two years from the date of site plan approval, and an applicant shall obtain necessary building permits and other approvals from permitting agencies and commence construction within such time period. Such approvals shall expire after two years unless the applicant can show good cause for its failure to obtain a building permit and commence construction, in which case an extension of up to one year may be granted by the Planning Board. If construction is suspended for a period greater than six months, the Planning Board shall be empowered to notify the applicant and revoke the approval if such suspension is not found to be for good cause.
§ 330-415 Compliance with State Environmental Quality Review Act (SEQRA).
A.
In accordance with the requirements of Chapter 157 (Environmental Quality Review) of the Town Code and the New York State Environmental Quality Review Act (SEQRA) and the regulations issued thereunder, the Town Board has accepted and approved a draft and final generic environmental impact statement (GEIS) and a findings statement which analyze the potential environmental impacts of adoption of this ROD. The findings statement summarizes the Town Board's findings on these potential impacts and establishes conditions and thresholds for development under this article and the extent to which further SEQRA review may be required for site-specific impacts of projects to be built under the terms of this article.
B.
The findings statement includes conditions and thresholds for the entire ROD. All development within the ROD that is subject to SEQRA shall comply with the conditions and thresholds in the findings statement.
C.
Fair share mitigation fees shall be established by the Town Board.
§ 330-416 Implementation of community benefits policies.
To ensure the fulfillment of the community benefit goals of the Town, all development within the ROD that is approved under this article shall comply with the requirements of any adopted community benefits policies in effect as of the date such policies have been adopted or modified by resolution of the Town Board. These policies include: a community benefit program as described in Section 2 of the FGEIS associated with this article, a construction jobs policy, an operations jobs policy, and a local contracting policy (collectively, the community benefits policies). No building permit may be issued under this article until the community benefits policies have been adopted and are in effect. Compliance with the terms of these policies shall be made a condition of any site plan approval within the ROD after adoption of such policies, and such compliance shall be monitored and enforced as set forth in the community benefits policies and as conditions of approval of a site plan under this article. Where such conditions have been imposed on site plan approvals, no building permit, certificate of occupancy, or business license or business license renewal shall be issued unless the applicant has demonstrated compliance with these policies. In furtherance of the objectives of this § 330-416, applicants who receive site plan approval under this Article XXXI shall pay a fee, determined by the Town Board.
§ 330-417 Amendments to article.
This Article may be amended as provided in Article XX of the Zoning Ordinance. Prior to adopting an amendment, the Town Board shall refer such proposed amendment to the PDC for comment. If the PDC does not comment within 30 days of such referral, the Town Board may enact the amendment without receiving such comment. In the event that the Town Board does not follow the recommendation of the PDC, it shall provide a written statement of its reasons in the resolution of adoption of the amendment. All such amendments shall be consistent with the Comprehensive Plan and the final generic supplemental environmental impact statement.