Southampton City Zoning Code
ARTICLE VA
Affordable Housing Overlay District
§ 330-29.1 Purpose.
A.
In 1984, the Town of Southampton adopted and update of its affordable housing program. This update consisted of a coordinated and comprehensive amendment to Chapter 330, Zoning, and the creation of Chapter 216, Low-Income, Moderate-Income and Senior Citizen Housing, all in conformance with and implementing the Town Master Plan Update Number 2. The affordable housing update has produced many initiatives, but due to rapidly rising land costs, affordable housing opportunities have not been created in all areas of the Town that are suitable for such provisions. To facilitate affordable housing in accordance with the standards set forth below, the Town Board may from time to time authorize by local law the creation of an affordable housing district on such sites as it deems suitable and beneficial to the Town of serving to implement the updated Master Plan.
B.
It is the specific purpose and intent of the Affordable Housing Overlay District (AHOD) to provide the opportunity within the Town for the development on a planned basis of moderate density single-family housing, or attached housing using the planned residential development provisions of Chapter 247 of the Town Code, on sites that would not otherwise yield a significant affordable housing opportunity. It is intended that the AHOD fill a housing need where neither the MFPRD provisions of Article IV of this chapter nor the density incentive provisions of § 330-9 of the Town Code provide the best solution.
C.
To facilitate the provisions of affordable housing with due regard for existing neighborhood development, environmental concerns and compliance with the Master Plan, the AHOD shall be established on a floating zone basis, subject to approval by the Town Board in each case and in accordance with an approved preliminary development concept plan, as described and defined herein.
D.
All requests for letters of support from the Town of Southampton regarding affordable housing shall be forwarded to the Town of Southampton Affordable Housing Subcommittee. The Affordable Housing Subcommittee will, in turn, make a recommendation to the Town Board as to whether or not the Town should support a particular affordable housing proposal. The Town Board, upon a majority vote, will pass a resolution in support of the particular affordable housing proposal.
[Added 3-13-2001 by L.L. No. 8-2001]
§ 330-29.2 Application procedure.
The procedure for planning and zoning approval of any future proposed AHOD shall involve a two-stage review process, as follows:
§ 330-29.3 Application for zoning approval.
Application for the establishment of Affordable Housing Overlay Districts shall be submitted to the Town Board in 15 copies at regularly schedule 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 article, 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 it 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 wooded areas and other significant vegetation; existing stone walls; and natural features.
(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 and other information required by the Town Board.
(5)
A generalized time schedule for the staging and completion of the proposed project.
(6)
An application fee in the amount of $15 for each proposed dwelling unit.
§ 330-29.4 Referral to Planning Board.
[Amended 3-25-2008 by L.L. No. 15-2008]
Should the Town Board, in the exercise of its discretion, choose to consider the establishment of a new Affordable Housing Overlay District, the Town Board shall refer all complete applications for such district to the Planning Board for review and report. Within 30 days of the date of the Planning Board referral, the Planning Board shall report its recommendations back to the Town Board. No final action, either approving or denying the application, shall be taken until the Town Board receives the Planning Board report or the expiration of the Planning Board review period, whichever comes first. Such review period may be extended or shortened by the Town Board.
§ 330-29.5 Planning Board report.
The Planning Board, in its report to the Town Board, may recommend either approval of the proposed application for the establishment of the Affordable Housing Overlay District, with or without modifications, or disapproval. In the event of a recommendation for disapproval, the Planning Board shall state in its report the reasons therefor. In preparing its report and recommendation, the Planning Board shall take into consideration the recommendations of Town Master Plan, including Master Plan updates; special and supplementary reports and reports prepared by the Town in compliance with SEQR; 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 with the proposed development with the standards and requirements of this article; 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.
§ 330-29.6 Town Board public hearing.
[Amended 3-25-2008 by L.L. No. 15-2008]
A public hearing before the Town Board on an AHOD zoning designation shall comply with the same notice as prescribed by law for zoning amendments.
§ 330-29.7 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 Affordable Housing Overlay District. Approval or approval with modifications of that concept plan together with the approval of the Affordable Housing Overlay District 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 Affordable Housing Overlay District shall expire within 18 months of the date of Town Board approval if the applicant has not applied for and received site development plan approval and final subdivision plat approval, if appropriate, for at least the first section of the planned development from the Planning Board in accordance with the subsequent requirements of this article and unless within 18 months of Town Board approval 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 AHOD approval, the 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.
§ 330-29.8 Site plan approval by Planning Board.
A.
No earthwork, land clearing, construction or development shall take place on any property within an Affordable Housing Overlay 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 § 330-183 of this chapter.
B.
Where a proposed affordable housing development also involves the subdivision or resubdivision of land, no development may proceed until the Planning Board has granted final subdivision approval in accordance with the standards and procedures of the subdivision approval in accordance with the standards and procedures of the Subdivision of Land, Chapter 292 of this Code.
§ 330-29.9 Development standards.
Development within the Affordable Housing Overlay Districts shall be governed by the provisions of this section. Where not herein specified, the Town Board shall establish additional development standards.
A.
Location. The location of Affordable Housing Overlay Districts shall be permitted in any residence or business district, except CR-200, CR-120 and R-120.
B.
Minimum site size. The minimum site size required for the establishment of an Affordable Housing Overlay District shall be 220,000 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.
C.
Ownership. A proposed AHOD 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.
(1)
The permitted density within an Affordable Housing Overlay District shall be up to one unit per 20,000 square feet of buildable land area per dwelling.
(2)
At least 20% of all units provided in the development shall be set aside as units for moderate-income families as defined in § 330-5.
[Amended 10-24-2000 by L.L. No. 16-2000]
(3)
In determining whether to grant a zone change to an Affordable Housing Overlay 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, the nature and extent to which the applicant intends to provide them, the appropriateness of the location of the proposed site, the environmental suitability of the site, the proposed development design to accommodate such an increased density and the overall pattern of distribution of such limits across the Town.
(4)
Eligibility.
[Amended 5-14-2002 by L.L. No. 12-2002]
(a) QUALIFIED ACTIVE MEMBER
As used in this chapter, the following term shall have the meaning indicated:
A volunteer involved in providing firematic protection or emergency medical services in the Town of Southampton, including but not limited to volunteer fire fighters, volunteer fire police, volunteer emergency medical technicians, as decided by the administration or bylaws of the given agency providing such firematic protection or emergency services. For purposes of administering the provisions of this chapter for qualified active members, the Town of Southampton shall utilize the approved list compiled by the given agency for Length of Service Award Program (LOSAP) and any supplemental listings provided by the given agency which list persons who have met the point requirements of LOSAP having remained active in service but no longer are eligible for LOSAP listing due to age restrictions.
(b)
Initial and continued eligibility priority for the sale or occupancy (rent) of units for moderate- and middle-income families shall be on the following basis:
[1]
Persons who are qualified active members in service as a volunteer in an agency providing firematic protection or ambulance services in the Town of Southampton as determined by such agency's approved list submitted for the Length of Service Award Program (LOSAP) and provided that such agency's bylaws are not exclusionary in nature in order to conform with the Fair Housing Act. A higher priority shall be given to those volunteers currently residing in the affected school district.
[2]
Town residents who actively volunteer a majority of their time for not-for-profit organizations, such as health care services, family assistance or other similar human services activities within the Town of Southampton.
[3]
Town residents in order of number of years as resident. A higher priority shall be given to Town residents currently residing in the affected school district.
[4]
Persons employed in the Town of Southampton with a higher priority to those whom are employed by the Town of Southampton in order of number of years as an employee.
[5]
All others.
(c)
However, the foregoing eligibility priorities for any such special units shall apply only among persons who offer the same gross purchase price or monthly rent to the seller or lessor of such unit.
(5)
The total number of units on any site shall not exceed 100.
E.
Coverage. The maximum permitted building coverage within an Affordable Housing Overlay District shall be 20%.
F.
Traffic access. Properties within an Affordable Housing Overlay District shall have direct frontage on a Town road.
G.
Utilities and services.
(1)
Water and sewer service. Developments should be served by public water, where possible. Where public water is not present, approval may be conditioned on the provision of said service. All necessary approvals shall be obtained from the Suffolk County Department of Health Services for sewage disposal and water supply.
(2)
Drainage. Storm water 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 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, if permitted, shall be in rodentproof 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, shall be placed underground.
(5)
Fire prevention. The site plans for multifamily development shall provide proper access for fire-fighting equipment and personnel and shall provide hydrants in such number and location and with such water pressure 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.
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 the Town 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 shall have the right to require that the applicant or owner execute such agreements and covenants as it may deem to be required. Said agreements or covenants shall be recorded in the County Clerk's office 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.
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)
Cablevision. 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.
§ 330-29.10 Action by Town Board on its own motion.
Nothing herein shall be construed as limiting the authority of the Town Board to establish an Affordable Housing Overlay District on its own motion. Where the Town Board proceeds on its motion, the procedures for zoning approval for an Affordable Housing Overlay District shall be pursuant to § 330-185 in lieu of the procedures of this article. Where the Town Board establishes an Affordable Housing Overlay 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 article.
§ 330-29.11 Building permit fees.
[Added 6-9-1998 by L.L. No. 14-1998]
Where the Town Board has rezoned a parcel for an Affordable Housing Overlay District 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.