Southampton City Zoning Code
ARTICLE IV
Multifamily Planned Residential Development District MFPRD
§ 330-17 Purpose; definitions; exclusions; special exceptions.
[Amended 2-22-2005 by L.L. No. 4-2005]
A.
Purpose.
(1)
These provisions are enacted to provide for increased housing opportunities and lifestyle options, consistent with the recommendations of the Town of Southampton Master Plan of 1970 and the 1999 Comprehensive Plan Update. Community planning objectives encourage that the Town enable a wide variety of housing types and, more particularly, to help make possible housing opportunities with purchase and rental costs in keeping with the financial means of the Town's residents who have low or lower-middle incomes. Given that there are many economic factors impacting young adults, families, and senior citizens, including but not limited to limited or fixed incomes, physical restrictions, and the rapidly accelerating costs of purchasing and maintaining a single-family residence, the Town Board deems it necessary to provide zoning regulations to permit such multifamily housing developments within the Town.
(2)
It is the specific purpose and intent of the Multifamily Planned Residential Development (MFPRD) District to provide the opportunity within the Town of Southampton for the development on a planned basis of higher-density housing on sites located in existing single-family neighborhoods but in reasonable proximity to shopping services and other community facilities and with access to major roads and public transportation. To help assure the achievement of this goal with proper protection for existing neighborhood development, the MFPRD District shall be established on a floating zone basis, subject to approval by the Town Board in each case, with exception of small multifamily developments consisting of 20 units or less which may be by special exception use permit. MFPRD Districts shall be in accordance with an approved preliminary development concept plan, as described and defined herein.
[Amended 3-23-2021 by L.L. No. 11-2021]
B. HAMLET CENTER MULTIFAMILY HOUSING DEVELOPMENT, LARGE MULTIFAMILY HOUSING DEVELOPMENT, MEDIUM MULTIFAMILY HOUSING DEVELOPMENTS, SMALL PUBLIC TRANSIT AREA SHORT AND SAFE WALKING DISTANCE VILLAGE CENTER
Definitions. As used in this article, the following terms shall have the meanings indicated:
As defined in § 330-5.
Those developments which consist of more than 40 units, but no greater than six units per acre. In the case where two medium-sized multifamily housing developments are sited contiguously as Phase I and Phase II projects by the same developer (or an entity with development interests in which there are principals in common), they shall be considered as one housing development.
[Amended 3-23-2021 by L.L. No. 11-2021]
Those developments which consist of more than 20 units, but less than 40 units. In the case where two large or medium-sized multifamily housing developments are sited contiguously as Phase I and Phase II projects by the same developer (or an entity with development interests in which there are principals in common), they shall be considered as one housing development.
Those developments which consist of 20 units or less. In the case where two small-sized multifamily housing developments are sited contiguously as Phase I and Phase II projects by the same developer (or an entity with development interests in which there are principals in common), they shall be considered as one housing development.
As defined in § 330-5.
Shall be construed as meaning convenient and having adequate sidewalks, streetlights and other pedestrian-friendly, traffic-calming amenities presently available or shall be established of a condition for approval of the floating zone designation.
As defined in § 330-5.
C.
Exclusions.
(1)
An MFPRD District shall not be applicable to retirement communities or congregate housing in excess of 75 units. Assisted-living, life-care, continuing-care retirement communities, congregate-housing and independent-living retirement communities shall be considered land uses subject to the applicable standards defined in Chapter 330, Article XVII, Special Exception Uses.
[Amended 3-23-2021 by L.L. No. 11-2021]
D.
Special exception uses.
(1)
Hospitals. As noted in § 330-10 (Residence Districts Table of Use Regulations), hospitals are uses permitted by special exception in the applicable zoning districts, including Multifamily Planned Residential District (MFPRD), in accordance with the performance standards noted within § 330-162.14.
(2)
Multifamily planned residential development, small. As noted in § 330-10 (Residence Districts Table of Use Regulations), small senior citizen housing developments shall be permitted by special exception in the applicable zoning districts including Multifamily Planned Residential Development District (MFPRD), in accordance with the performance standards noted in § 330-143.2.
(3)
Bus passenger shelters. As noted in § 330-10 (Residence Districts Table of Use Regulations), bus passenger shelters are permitted by special exception in the applicable zoning districts, including Multifamily Planned Residential Development District (MFPRD), in accordance with the performance standards noted in § 330-127.
§ 330-18 Application procedure.
The procedure for planning and zoning approval of any future proposed multifamily development in an MFPRD District shall involve a two-stage review process as follows:
§ 330-19 Application to Town Board for zoning approval.
Application for the establishment of MFPRD Districts shall be submitted to the Town Board in 15 copies at a regularly scheduled meeting of said Board. The application shall include at least the following items of information:
A.
The names and addresses of the property owner, the applicant (if other than the owner) and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.
B.
Where the applicant is not the owner of the property, written authorization from the owner for the submission of the application.
C.
A written statement describing the nature of the proposed project, how it is designed to serve the purposes of this chapter (including its consistency with the Town Master Plan), an analysis of the site's relationship to immediately adjoining properties and the surrounding neighborhood, the availability and adequacy of community facilities and utilities to serve it, the safety and capacity of the street system in the area in relation to the anticipated traffic generation and such other information as may be required by law or determined necessary by the Town Board or Planning Board to properly enable them to review and decide upon the application.
D.
A written statement of the proposed method of ownership and maintenance of all common utilities, facilities and open space lands within the proposed development.
E.
A preliminary development concept plan for the proposed project, drawn to a convenient scale and including the following items of information:
(1)
The area of the property, in both acres and square feet.
(2)
A map of existing terrain conditions, including topography with a vertical contour interval of no more than two feet, identification of soil types (including wetlands), existing drainage features, major rock outcroppings, the extent of existing wooded areas and other significant vegetation, existing stone walls, etc.
(3)
A site location sketch indicating the location of the property with respect to neighboring streets and properties, including the names of all owners of property within 500 feet thereof. This should, also show the existing zoning of the property and the location of all zoning district boundaries in the surrounding neighborhood.
(4)
A preliminary site development plan indicating the approximate location, height and design of all buildings, the arrangement of parking areas and access drives and the general nature and location of other proposed site improvements, including recreational facilities, landscaping and screening, the storm drainage system, water and sewer connections, etc.
(5)
A generalized time schedule for the staging and completion of the proposed project.
(6)
An application fee in the amount set forth in the Fee Schedule, as may be amended by the Town Board.
[Amended 3-23-2021 by L.L. No. 11-2021]
§ 330-20 Referral to Planning Board and other agencies.
[Amended 12-10-2002 by L.L. No. 50-2002; 3-25-2008 by L.L. No. 15-2008]
A.
Should the Town Board, in the exercise of its discretion, choose to consider an MFPRD zone change, the Town Board shall refer all complete applications for a MFPRD zoning designation to the Planning Board for review and report. Within 30 days of the date of the referral, the Planning Board shall report its recommendations back to the Town Board. No final action shall be taken until the Town Board receives the Planning Board report or the time within which to make that report has expired. The referral time may be extended or shortened by the Town Board.
B.
With regard to potential impacts to community services, should the Town Board, in the exercise of its discretion, choose to consider a MFPRD zone change, the Town Board shall also transmit the application and/or solicit comments and preliminary review concerning the MFPRD zoning designation from the Chief Fire Marshal, the Fire Department with jurisdiction, or other municipal agencies or districts with jurisdiction, including agencies under contract to provide ambulance/emergency medical services to the subject property. For input from agencies under contract to provide ambulance/emergency medical services to the subject property, the Town Board shall refer the application to the EMS Advisory Association for its recommendations. The Town Board shall also refer the application to the school district in which the proposed project lies for its input. As part of the application, the applicant shall be required to provide to the Town Board the name and address of the applicable fire department, ambulance/emergency medical services agency, other municipal agencies or districts with jurisdiction over the subject property and the school district in which the proposed project lies.
§ 330-21 Reports from Planning Board and other agencies.
[Amended 12-10-2002 by L.L. No. 50-2002]
A.
The Planning Board, in its report to the Town Board, may recommend either approval of the proposed application for the establishment of the MFPRD District, with or without modifications, or disapproval.
B.
The Fire Marshal, the Fire Department with jurisdiction, or other municipal agencies or districts with jurisdiction, including agencies under contract to provide ambulance / emergency medical services to the subject property, shall forward their comments on the applications for MFPRD zoning designation to the Town Board within 30 days of such request for comments and preliminary review. No response following such thirty-day period shall be construed as no potential adverse impacts to community services solicited upon preliminary review and no additional requirements deemed necessary by such agency for consideration by the Board in its approval of the zone change.
C.
In preparing its report and recommendation, the Planning Board shall take into consideration the recommendations of the Town Master Plan, the existing nature and arrangement of land uses in the area, the relationship of the proposed design and location of buildings on the site, traffic circulation both on and off the site, the adequacy of available community facilities and utilities to service the proposed development, compliance of the proposed development with the standards and requirements of this chapter, the then-current need for such housing and such other factors as may be appropriately related to the purpose and intent of this article and the Town Code. In the event of a recommendation for disapproval, the Planning Board report shall contain detailed reasons for such recommendation.
§ 330-22 Town Board public hearing.
[Amended 3-25-2008 by L.L. No. 15-2008]
A public hearing before the Town Board on an MFPRD zoning designation shall comply with the same notice as prescribed by law for zoning amendments.
§ 330-23 Town Board action.
[Amended 3-25-2008 by L.L. No. 15-2008]
A.
The Town Board may act either to approve, approve with modifications or disapprove the preliminary development concept plan and the establishment of the MFPRD District. Approval or approval with modifications of that concept plan together with the approval of the change of zone shall be deemed to authorize the applicant to proceed with the detailed design of the proposed development in accordance with such concept plan and the subsequent procedures and requirements of this article. A copy of the resolution containing the Town Board's decision shall be forwarded to the Planning Board and to the applicant. A copy shall also be placed on file in the office of the Town Clerk and, if in the form of an approval, the official copy of the Town Zoning Map shall be amended accordingly.
B.
Approval of the establishment of an MFPRD District shall expire within 18 months of the date of Town Board approval unless the appropriate Planning Board approvals and building permit(s) have been obtained and substantial construction has begun. The Town Board, upon request of the applicant, may extend the above time periods for two additional periods of not more than six months each. In the event of expiration of approval, the MFPRD District may, after proper notice and a public hearing, revert to its prior zoning classification. Thereafter, the Town Clerk shall amend the official copy of the Zoning Map accordingly.
§ 330-24 Site plan approval by Planning Board.
A.
No earthwork, land clearing, construction or development shall take place on any property within an MFPRD District except in accordance with a site plan approved by the Planning Board in accordance with this article, and with the procedures and standards for site plan approval as set forth in §§ 330-181 through 330-184 in this chapter.
B.
Where a proposed multifamily development also involves the subdivision or re-subdivision of land, no development may proceed until the Planning Board has also granted final subdivision approval in accordance with the standards and procedures of Chapter 292, Subdivision of Land, of this Code.
[Amended 3-23-2021 by L.L. No. 11-2021]
§ 330-25 Development standards.
[Amended 5-13-1986 by L.L. No. 7-1986; 10-24-1989 by L.L. No. 22-1989; 10-24-2000 by L.L. No. 16-2000; 5-14-2002 by L.L. No. 12-2002; 12-23-2002 by L.L. No. 56-2002; 2-22-2005 by L.L. No. 4-2005]
Development within MFPRD Districts shall be governed by the provisions of this section.
A.
Location standards. MFPRD Districts shall be permitted in any residence or business district, except CR-200, CR-120 and R-120, provided that the site should be located within a convenient distance from a central business district or hamlet center, or village center which provides shopping, access to public transportation, and community facilities. Generally, all multi-unit developments involving higher-density prototypes (e.g., townhouses, apartment buildings, attached housing, etc.) are to be within one mile of a hamlet center or village center.
[Amended 3-23-2021 by L.L. No. 11-2021]
(1)
Hamlet centers and village centers. Hamlet centers and village centers, as defined in § 330-5, are identified in the Town Comprehensive Plan and further classified as "major hamlet centers," "small hamlet centers," "major village centers" and "Town business centers." A Map of Hamlet Centers and Village Centers is on file in the office of the Town Clerk. Hamlet centers contain zoning districts such as Village Business Districts (VB), Shopping Center Business Districts (SCB), or hamlet-scale mixed-use business districts such as Hamlet Commercial/Residential (HC) which may incorporate a grocery store, community pantry, and personal services. Large senior housing developments may only be permitted if located a short and safe walking distance, no greater than 1/4 mile, from a hamlet center or Shopping Center Business (SCB) District, or village center. Medium senior housing developments may only be permitted if located a short and safe walking distance, no greater than one mile, from a hamlet center or a Shopping Center Business (SCB) District or village center.
(2)
Waivers for small multifamily housing developments. Waivers to the above siting requirement are applicable to small multifamily housing developments, that is, those developments which consist of 20 units or less as defined herein, provided some other public benefit is conveyed by such waiver. New York State Town Law defines "community benefits" to include "housing for low- to moderate-income persons."
(3)
Waivers for large and medium multifamily housing developments. In certain cases, waivers to the above siting requirements may be applicable to medium and large multifamily housing developments in the following circumstances:
(a)
If consistent with a Hamlet Study adopted as an update to the Town Comprehensive Plan and the use of such innovative planning MFPRD overlay district also assists the Town in realizing substantial community benefits. However, the Town Board may find the zoning classification for the proposed housing development is better accommodated through the use of planned development district standards.
[1]
The Town's Master Plan contemplates that additional density can be achieved through the transfer of development rights (TDRs) or Pine Barren Credits (PBCs), such that there is no substantial increase in the number of dwelling units or population within the same school district because development has been redirected in order to channel growth and preserve more ecologically sensitive lands. TDR's may also originate from parcels determined to be important to protect community character, including but not limited to scenic greenways and greenspace within developed neighborhoods within the same school district. As a change of zone or amendment to the Zoning Map is a discretionary act by the legislative body, the Town Board is not obligated to increase the density beyond six units per acre using TDRs or PBCs wher eit finds it would not meet the objectives of the community or the Comprehensive Plan.
(b)
In limited circumstances, medium multifamily housing developments may be located on a site which is within a short and safe walking distance no greater than 500 feet from a public transit area (e.g., municipal bus stop or train station).
(c)
In cases where the multifamily housing development is not located a short and safe walking distance from a hamlet center, village center or a public transit area, the applicant shall provide a shuttle bus service and/or other transportation mitigation measures.
(d)
Procedure; Town Board findings.
[1]
An applicant seeking a waiver from the aforementioned location standards shall make such request in writing to the Town Board with a copy filed in the office of the Town Clerk. The applicant shall indicate the following:
[a]
A preliminary project description and the reasons prompting the request for a waiver of aforementioned location standards.
[b]
The nature of the public benefits provided by the proposed senior citizen housing development, including the number of units proposed as set-aside units for low-, moderate-, or middle-income persons.
[c]
Whether or not the applicant is or is working with a bona fide nonprofit corporation and guarantees to develop and maintain a substantial (e.g., 50%) portion of the resultant housing at a purchase price or tenant cost within the moderate- to middle-income housing market.
[d]
Whether the site is identified as a potential site or redevelopment site suitable for multi-unit housing development or incentive zoning in the Town's Master Plan or a Hamlet Study or Area Study adopted as an Update to the Comprehensive Plan.
[e]
Whether or not the proposed project entails transfers of development rights or redemption of Pine Barrens Credits (PBCs) to achieve additional density or yield.
[2]
A waiver of the aforementioned location standards may be granted by the Town Board after a public hearing. Should the Town Board, in the exercise of its discretion, choose to consider an MFPRD change of zone pursuant to this article, and a waiver from the aforementioned location standards is sought, the public hearing on the waiver may be combined with the public hearing on the change of zone. The notice of any such combined hearing must include a specific reference to the change of zone and the waiver sought.
[Amended 3-25-2008 by L.L. No. 15-2008]
[3]
The Town Board may only authorize a waiver of the aforementioned location standards by resolution, following a public hearing and a favorable determination based on the criteria noted in Subsection A(3)(d)[4] below and may request an advisory report from the Town Planning and Development Administrator.
[Amended 3-25-2008 by L.L. No. 15-2008]
[4]
In deciding whether or not to authorize a waiver of the aforementioned location standards, the Town Board shall consider the following:
[a]
Based upon the preliminary project description, the appropriateness of the site, environmental considerations, and the proposed development design to accommodate such an increased density.
[b]
The nature or the public benefits conveyed by the waiver, including the provision of housing within the means of low- to moderate-income persons.
[c]
Whether the proposed housing development will have a significant negative impact on a special assessment district.
[d]
Whether the proposed housing development incorporates design elements which meld with the existing neighborhood and hamlet character, if desirable.
[e]
Whether or not the proposed housing development involves the transfer of development rights or redemption of Pine Barrens Credits (PBCs) to ensure off-site preservation or acquisition of interests in land in order to achieve the development yield or higher density, excluding any requisite below-market-rate units reserved for persons of low-, moderate-, or middle-income with long-term affordability restrictions proposed by covenants and restrictions.
[5]
The findings by the Town Board and all conditions associated with a waiver shall be specified in the resolution noted in Subparagraph b above. The Town Board may require supplemental design standards, TDRs or additional affordable set-aside units or other community benefits, and other mitigation measures.
[6]
A resolution authorizing a waiver of location standards shall be contingent upon a favorable change-of-zone approval to MFPRD District following a thorough review of the project's benefits and potential impacts pursuant to other provisions of this chapter. A waiver of location standards shall run concurrently with any expiration deadlines associated with a change-of-zone approval for the establishment of the MFPRD District. In the event an applicant withdraws his application or fails to receive change-of-zone approval for a MFPRD District, the waiver of location standards shall be considered null and void.
B.
Minimum site size. The minimum site size required for the establishment of an MFPRD District shall be five acres or 200,000 square feet, but, in any case, the site shall be of such shape, dimension, topography and location as will allow for an appropriate and attractive development with proper setbacks, screening and a harmonious relationship with adjoining land uses and the natural physical terrain. Buffer areas, intended to screen the development from adjacent properties, the road corridor and the railroad right-of-way, shall be required as necessary.
C.
Ownership. A proposed MFPRD District site may be owned by one or more persons or corporations but shall be presented as a single parcel of land at the time application for rezoning is made. The application shall be jointly filed by all owners and, if approved, shall be jointly binding on them. If required by the Planning Board, this shall be confirmed by written agreement, in recordable form satisfactory to the Town Attorney.
D.
Density; required affordable set-aside units; findings by the Town Board; administration and control.
[Amended 8-12-2008 by L.L. No. 47-2008; 3-23-2021 by L.L. No. 11-2021]
(1)
Permitted density. The permitted density within an MFPRD District shall be no more than six units per acre for multifamily dwellings and one unit per 15,000 square feet for single-family dwellings, as noted in § 330-11, Table of Dimensional Requirements, and provided that the method of sewage treatment is approved by the Suffolk County Department of Health Services. An applicant or developer of an MFPRD District is not entitled to the maximum number of housing units described in § 330-11. The allowable increased density, including use of TDRs or PBCs, upon the calculated maximum number of housing units for the subject site, is at the sole discretion of the Town Board based upon evaluation of the proposed development plan's impacts and benefits on the particular hamlet in which the proposed development is to be located, and density incentives permitted to further certain community planning objectives as described in the Town of Southampton Comprehensive Plan.
(2)
Set-aside units for affordable housing. At least 20% of all units provided in the development shall be set aside in perpetuity pursuant to Ch. 216 of the Town Code.
(3)
Findings by the Town Board.
(a)
In determining whether to grant a zone change to MFPRD District, the Town Board, in addition to its usual discretion in considering a change of zone, shall also consider the need for units for moderate-income families in the particular hamlet, the nature and extent to which the applicant intends to provide such units, the appropriateness of the site, environmental considerations, the proposed development design to accommodate such an increased density, and any potentially significant negative impacts to the school district or other special assessment district in which the proposed development is located. In addition, the Town Board shall find that the housing development is consistent with the recommendations of the Comprehensive Plan, will be beneficial, compatible and harmonious with the surrounding land uses and will not have a significant adverse impact upon the environment, the school district or upon other special assessment districts in which the site is located.
(b)
The Town's Master Plan contemplates that additional density may be achieved through the transfer of development rights (TDRs) or Pine Barren Credits (PBCs), to the extent that there is no substantial increase in the number of dwelling units or population within the Town because development has been redirected in order to channel growth and preserve more ecologically sensitive lands.
(c)
As a change of zone or amendment to the Zoning Map is a discretionary act by the legislative body, the Town Board may find that any development or redevelopment of the property is best accommodated under its existing zoning or an alternative zoning overlay district or zoning classification.
(4)
Administration and control of occupancy. Chapter 216 of the Town Code provides for the control and administration of occupancy of community housing opportunities for income-eligible households created pursuant to Article IV (Multifamily Planned Residential Development Districts) of Chapter 330, Zoning, of the Town Code of the Town of Southampton, including, but not limited to, requirements setting forth priority households for housing lotteries.
(5)
The total number of units on any site shall not exceed six units per acre, unless TDRs and PBCs are permitted to be transferred on a parcel by the Town Board, to the extent found reasonable and appropriate pursuant to the Comprehensive Plan and standards provided herein.
E.
Lot coverage. The maximum permitted building coverage within an MFPRD District shall be 20%.
F.
Traffic access. Properties within an MFPRD District shall have either direct frontage on a major or collector road as shown on the Town Master Plan or safe and convenient access to such a road without passing through a one-family residential neighborhood.
G.
Utilities and services.
(1)
Water supply and sewage disposal. Developments shall be served by public water All necessary approvals shall be obtained from the Suffolk County Department of Health Services for sewage disposal and water supply. Adequacy of water supply for fire protection (e.g., fire flow) shall be determined by the Fire Department having jurisdiction.
(2)
Drainage. Stormwater drainage systems serving any multifamily development shall be designed so that the rate of runoff from the site during a one-hundred-year storm will not exceed that which would have occurred prior to its construction. The calculation of such runoff rate and the design of the drainage system shall be subject to the approval of the Town Engineer.
(3)
Refuse storage and collection. Plans for the storage and collection of refuse within any multifamily development shall be subject to Planning Board approval. The outside storage of refuse, if permitted, shall be in rodent-proof containers conveniently located and enclosed or otherwise screened from view. Such facilities shall comply with all setback requirements applicable to principal buildings.
(4)
Underground utilities. All utilities within any multifamily development, including electric, telephone and cable television service, shall be placed underground.
(5)
Fire protection. The site plans for multifamily development shall provide proper access for firefighting equipment and personnel and shall provide hydrants in such number and location and with such water flow as may be determined adequate and approved by the Planning Board, based upon the recommendations of the Town Engineer and the Fire Department having jurisdiction. In the interest of public safety, key boxes for emergency access are required in certain circumstances involving electronic security driveway gates within MFPRD site plans (e.g., gated community) and shall be in conformance with the requirements of the public safety agencies providing the primary fire protection and emergency medical services to the location. Compliance with the provisions of Chapter 330, Article XXX, Driveway Standards, is also required.
[Amended 7-28-2009 by L.L. No. 32-2009]
H.
Recreation and open space.
(1)
Recreation area. Except as provided below, each multifamily development shall include a recreation area which is designed, improved and maintained for the exclusive use of the residents of such development and their nonpaying guests. The recreation area shall contain at least 75 square feet of lot area per dwelling unit, but in no case less than 50 square feet per bedroom. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development and the anticipated occupancy of the units. Where the Planning Board determines that a suitable recreation area of adequate size cannot be properly located in any such development or is otherwise not practical, the Board may require as a condition of approval of any such site plan a payment to the Town of a sum which shall constitute a trust fund to be used by the Town exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. Such sum shall be determined in accordance with the provisions of § 292-35B of this Code.
(2)
Private outdoor space. Each individual multifamily dwelling unit shall, if practicable, be provided with a private outdoor space in the form of a patio, terrace, garden, courtyard, deck or balcony, which space shall be immediately adjoining and directly accessible to the dwelling unit which it serves.
(3)
Other open spaces. All portions of any multifamily development which are not used for one or more of the purposes permitted above shall be designed and maintained as permanent open space, either to be landscaped or preserved in its natural state, all in accordance with plans approved by the Planning Board.
J.
Minimum floor area. The development shall meet the minimum floor area requirement provided in § 330-105 of the Town Code.
K.
Covenants and restrictions. The Town Board and the Planning Board shall have the right to require that the applicant or owner to execute agreements and covenants as it may deem to be required. Said agreements or covenants shall be recorded in the office of the Suffolk County Clerk and constitute a covenant running with the land. Such covenant or agreement may be modified or released only as set forth in said covenant or agreement or by the Town Board.
L.
Architectural review. All construction shall be subject to the review of the Board of Architectural Review pursuant to Article XIX of this chapter, or its successor. Building prototypes and design shall reflect indigenous architecture and shall be built with consideration to the special character of Southampton as a rural and resort community. Particularly for large developments comprised of townhouses or detached single-family units, in choice of exterior finish, care shall be taken to avoid the appearance of a development in which all units appear exactly the same.
M.
Other requirements.
(1)
Individual unit access. In general, each individual dwelling unit within any multifamily development shall have its own separate entrance/exit leading directly to the outside. The Planning Board may waive this requirement as a part of site plan approval where said Board determines that the basic intent of this requirement in terms of safety and the avoidance of common hallway areas can be met through other elements of the building design.
(2)
Cable television. Cable television service shall be provided in accordance with plans approved by the Planning Board. Exterior antennas for individual multifamily buildings or dwelling units shall not be permitted.
(3)
Storage. For the convenience of the residents of the development, provision shall be made for general storage of bulky items, such as trunks.
(4)
Basements, cellars, attics, and garages. No living units shall be permitted in an attic, basement or cellar area. Garages shall not be converted to habitable living space.
(5)
Universal design. To the extent practicable, the development shall incorporate visitable design elements of universal design standards to reduce problems meeting requirements for accessibility pursuant to the Americans With Disabilities Act (ADA) and Fair Housing Act (FHA). "Universal design" is a flexible, inclusive process aimed at enabling all occupants access regardless of size, age, or abilities, including but not limited to accessibility code compliance. The diverse needs of the development's population should be accommodated in a cost-effective yet dignified and pleasant manner assuring a convenient, safe, and secure environment for all persons residing in such development, whether active or physically challenged, youthful or elderly.
(a)
Due consideration shall be given in planning walks, ramps, and driveways to prevent slipping or stumbling, and handrails and ample places for rest shall be provided. Gradients of walks shall not exceed 5% and single riser grade changes in walks shall not be permitted, unless it is impractical to do so because of terrain or unusual characteristics of the site. All outdoor areas available to residents shall permit such residents to move about without danger and with minimum effort.
(6)
Safeguards. No rental of any portion of the unit or subletting of the unit itself shall be permitted. Appropriate safeguards should be instituted to forestall seasonal rentals of any portion of the units or the units in general, including the imposition of covenants and restrictions binding upon all owners and occupants.
§ 330-26 Action by Town Board on its own motion.
[Added 9-11-1984 by L.L. No. 17-1984; amended 5-13-1986 by L.L. No. 7-1986]
Nothing herein shall be construed as limiting the authority of the Town Board to establish an MFPRD District on its own motion. Where the Town Board proceeds on its own motion, the procedures for zoning approval for an MFPRD District shall be pursuant to § 330-185 in lieu of the procedures of this article. Where the Town Board establishes an MFPRD District on its own motion, final site plan approval and subdivision approval, if appropriate, shall be obtained from the Planning Board as required by this section.
§ 330-26.1 Building permit fees.
[Added 6-9-1998 by L.L. No. 14-1998]
Where the Town Board has rezoned a parcel for MFPRD and the Planning Board has approved a site plan and/or subdivision pursuant to this article, the building permit fees provided in § 123-12 of the Building Construction Code of the Town of Southampton shall be waived for those dwelling units designated by the Planning Board as units for moderate-income families. Building permit fees may be required for all additions or modifications to the principal dwelling unit and for all accessory buildings and structures for said units for moderate-income families. There shall be no waiver of the of the building permit fees for those units not limited for moderate-income families.