Suffolk County, NY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Affordable housing — See Admin. Code, Art. XXXVI.
Development of agricultural land — See Ch. 8.
Sewer districts — See Ch. 215.
Open space preservation — See Ch. 633.
Sewers — See Ch. 740.
Land preservation — See Ch. 1005.
Transfer of development rights — See Ch. 1151.
[Adopted 12-16-2003 by Res. No. 1104-2003 (Ch. 660, Art. I, of the 1985 Code)]

§ 1001-1 Adaptive reuse.

If there is any proposal for adaptive reuse located in Suffolk County, defined as commercial/retail, light industry or office, or civic or institutional site (government facility, church facility, not-for-profit facility, nonprofit facility, or hospital facility), which is more than 50% vacant as of December 31 of the year immediately preceding an application filed for such project pursuant to this article, then the sponsor of the project shall file a copy of the proposal with the Clerk of the Suffolk County Legislature for distribution to all of the Legislators simultaneously with its filing of the proposal at the Suffolk County Department of Health Services, and the Suffolk County Department of Planning, together with a request to the County Department of Health Services and the Suffolk County Department of Planning that its project be considered under the criteria of this article. Within 60 days after the filing of the proposed project with the Clerk of the Suffolk County Legislature, the Commissioner of the County Department of Health Services and the Director of the County Department of Planning shall have 60 days to issue an advisory opinion as to the eligibility of such a project. A determination shall then be made by the County of Suffolk, via duly enacted resolution of the County of Suffolk, as to whether or not such proposed project should be considered under the criteria of this article, no later than 120 days subsequent to the original filing of the proposed project with the Clerk of the Suffolk County Legislature as to the eligibility of such project for such consideration.
A. 
If the proposed adaptive reuse consists of at least four of the following proposed land uses: residential sale; residential rental; commercial/retail; light industry or office; affordable residential site; affordable residential rental; or civic and institutional site, then the project shall receive a twenty-five-percent reduction in sewer connection fees where there is a direct discharge into a sewer system. If the sponsor is able to demonstrate that the proposed adaptive reuse land development project on 10 or more acres will have a sewage flow rate between 25% and 50% less than the Suffolk County Department of Health Services' prescribed design flow standard, then the sponsor may request a variance from the Suffolk County Department of Health Services Board of Review for a reduction in design sewage flow rates up to a maximum of 50% from the sewage flow rate for said project which would otherwise be applicable under the Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other than Single-Family Residences, attached hereto as Exhibit A and made a part hereof, anything in such standards to the contrary notwithstanding.[1]
[1]
Editor's Note: Exhibit A is on file in the County offices.
B. 
If the proposed adaptive reuse consists of at least four of the following proposed land uses: residential sale; residential rental; commercial/retail; light industry or office; affordable residential site; affordable residential rental; or civic and institutional site, and proposes the construction of at least 15% affordable housing residential units as defined in Article XXXVI of the Suffolk County Administrative Code (measured by the total number of residential housing units formally proposed for pertinent municipal approval in the first instance for the overall development project), then the project shall receive a fifty-percent reduction in sewer connection fees where there is a direct discharge into a sewer system. If the sponsor is able to demonstrate that the proposed adaptive reuse land development project on 10 or more acres will have a sewage flow rate between 25% and 50% less than the Suffolk County Department of Health Services' prescribed design flow standard, then the sponsor may request a variance from the Suffolk County Department of Health Services Board of Review for a reduction in design sewage flow rates up to a maximum of 50% from the sewage flow rate for said project which would otherwise be applicable under the Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other than Single-Family Residences, attached hereto as Exhibit A and made a part hereof, anything in such standards to the contrary notwithstanding.[2]
[2]
Editor's Note: Exhibit A is on file in the County offices.

§ 1001-2 Mixed-use land development.

If there is any proposal for a mixed-use land development project located in Suffolk County on a site of 10 or more acres, then the sponsor of the project shall file a copy of the proposal with the Clerk of the Suffolk County Legislature for distribution to all of the Legislators simultaneously with its filing of the proposal at the Suffolk County Department of Health Services, and the Suffolk County Department of Planning, together with a request to the County Department of Health Services and the Suffolk County Department of Planning that its project be considered under the criteria of this article. Within 60 days after the filing of the proposed project with the Clerk of the Suffolk County Legislature, the Commissioner of the County Department of Health Services and the Director of the County Department of Planning shall have 60 days to issue an advisory opinion as to the eligibility of such a project. A determination shall then be made by the County of Suffolk, via duly enacted resolution of the County of Suffolk, as to whether or not such proposed project should be considered under the criteria of this article, no later than 120 days subsequent to the original filing of the proposed project with the Clerk of the Suffolk County Legislature as to the eligibility of such project for such consideration. If the project is determined to be eligible to be considered under this program via duly enacted resolution of the County of Suffolk, then:
A. 
Any proposed mixed-use land development project located on a site of 10 or more acres shall receive a twenty-five-percent reduction in sewer connection fees where there is a direct discharge into a sewer system. If the sponsor is able to demonstrate that the proposed mixed-use land development project on 10 or more acres will have a sewage flow rate between 25% and 50% less than the Suffolk County Department of Health Services' prescribed design flow standard, then the sponsor may request a variance from the Suffolk County Department of Health Services Board of Review for a reduction in design sewage flow rates up to a maximum of 50% from the sewage flow rate for said project which would otherwise be applicable under the Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other than Single-Family Residence, attached hereto as Exhibit A and made a part hereof, anything in such standards to the contrary notwithstanding.[1]
[1]
Editor's Note: Exhibit A is on file in the County offices.
B. 
If the proposed mixed-use land development project located on a site of 10 or more acres consists of at least four of the following proposed land uses: residential sale; residential rental; commercial/retail; light industry or office; affordable residential site; affordable residential rental; or civic and institutional site, and proposes the construction of at least 15% affordable housing residential units as defined in Article XXXVI of the Suffolk County Administrative Code (measured by the total number of residential housing units formally proposed for pertinent municipal approval in the first instance for the overall development project), then the project shall receive a fifty-percent reduction in sewer connection fees where there is a direct discharge into a sewer system. If the sponsor is able to demonstrate that the proposed mixed-use land development project on 10 or more acres will have a sewage flow rate between 25% and 50% less than the Suffolk County Department of Health Services' prescribed design flow standard, then the sponsor may request a variance from the Suffolk County Department of Health Services Board of Review for a reduction in design sewage flow rates up to a maximum of 50% from the sewage flow rate for said project which would otherwise be applicable under the Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other than Single-Family Residences, attached hereto as Exhibit A and made a part hereof, anything in such standards to the contrary notwithstanding.[2]
[2]
Editor's Note: Exhibit A is on file in the County offices.

§ 1001-3 Construction of affordable housing.

If there is any proposal for construction of affordable housing, as defined in Article XXXVI of the Suffolk County Administrative Code, on a site located within the County of Suffolk representing at least 35% of the total number of residential housing units formally proposed for pertinent municipal approval in the first instance for the overall development project; at least 50% of the total number of residential housing units formally proposed for pertinent municipal approval in the first instance for the overall development project; or at least 70% of the total number of residential housing units formally proposed for pertinent municipal approval in the first instance for the overall development project, then the sponsor of the project shall file a copy of the proposal with the Clerk of the Suffolk County Legislature for distribution to all of the Legislators simultaneously with its filing of the proposal at the Suffolk County Department of Health Services, and the Suffolk County Department of Planning, together with a request to the County Department of Health Services and the Suffolk County Department of Planning that its project be considered under the criteria of this article. Within 80 days after the filing of the proposed project with the Clerk of the Suffolk County Legislature, the Commissioner of the County Department of Health Services and the Director of the County Department of Planning shall have 60 days to issue an advisory opinion as to the eligibility of such a project. A determination shall then be made by the County of Suffolk, via duly enacted resolution of the County of Suffolk, as to whether or not such proposed project should be considered under the criteria of this article, no later than 120 days subsequent to the original filing of the proposed project with the Clerk of the Suffolk County Legislature as to the eligibility of such project for such consideration.
A. 
If the proposal for construction of affordable housing consists of at least 35% of the total number of residential housing units formally proposed for pertinent municipal approval in the first instance for the overall development project, then the project shall receive a twenty-five-percent reduction in sewer connection fees where there is direct discharge into a sewer system;
B. 
If the proposal for construction of affordable housing consists of at least 50% of the total number of residential housing units formally proposed for pertinent municipal approval in the first instance for the overall development project, then the project shall receive a fifty-percent reduction in sewer connection fees where there is direct discharge into a sewer system.
C. 
If the proposal for construction of affordable housing consists of at least 70% of the total number of residential housing units formally proposed for pertinent municipal approval in the first instance for the overall development project, then the project shall receive a fifty-percent reduction in sewer connection fees where there is direct discharge into a sewer system and the County of Suffolk may appropriate funds from the Multifaceted Land Preservation Capital Project No. 7177, for the sole and exclusive purpose of providing infrastructure improvements required by government for public health or public safety purposes in order to construct affordable housing.

§ 1001-4 Review of applications by Department of Economic Development and Planning.

[Amended 2-7-2012 by L.L. No. 16-2012[1]]
The Suffolk County Department of Economic Development and Planning is hereby authorized, empowered, and directed to review any application filed under this article and to issue a written evaluation to the County Executive and to each member of the County Legislature regarding a proposed project's overall soundness and appropriateness for eligibility under the criteria of this article, including an advisory recommendation as to the proposed application and as to the consideration of such application by the County of Suffolk.
[1]
Editor's Note: For additional uncodified provisions of L.L. No. 16-2012, see Attachment 1 at the end of the Charter.

§ 1001-5 Approval from State Department of Environmental Conservation.

The administrative head of a pertinent County Sewer District, where appropriate and necessary, is hereby authorized, empowered, and directed to secure any requisite approval from the New York State Department of Environmental Conservation for any action contemplated under this article.

§ 1001-6 Rules and regulations.

The Commissioner of the County Department of Health Services shall promulgate such rules and regulations as she or he deems necessary and appropriate for the implementation and enforcement of any provisions of this article.

§ 1001-7 Applicability.

This article shall apply to all projects proposed on or after the effective date of this article.
[Adopted 12-1-2015 by Res. No. 1018-2015]

§ 1001-8 Definitions.

As used in this article, "project of regional significance" shall mean any development that, because of its character, magnitude, or location, will have a substantial effect upon the health, safety, welfare, economy, or environment of Suffolk County or upon more than one unit of local government and which has been so designated as a project of regional significance by the Long Island Regional Planning Council or the Suffolk County Planning Commission.

§ 1001-9 Suffolk County Regional Planning Alliance Program.

A. 
There is hereby established the Suffolk County Regional Planning Alliance Program (Alliance). The public purpose of an Alliance is to engage in coordinated municipal, intermunicipal and regional planning on projects of regional significance.
B. 
An Alliance may consist of the County and one or more municipalities and/or stakeholders (partners) who have contracted together pursuant to General Municipal Law § 119-o to collaborate on planning and implementation measures to improve projects of regional significance.
C. 
The agreement shall set forth, in addition to such other terms and conditions as may be agreed to, that:
(1) 
The partners shall each select a representative to serve as their lead point of contact for the Alliance; and
(2) 
The Alliance shall hold at least four quarterly meetings per year between the partners' planning teams working on a project to discuss and address objectives.
(3) 
The Alliance will represent neither a fiscal nor funding obligation agreement. Any endeavor involving reimbursement or contribution of funds or other resources between the parties or other parties will be voluntary and addressed in accordance with applicable laws, regulations, and procedures, including those for government procurement.

§ 1001-10 Eligibility for County resources.

Municipalities engaging in the planning and implementation of projects of regional significance must be a member of the Alliance in order to be eligible for designated County resources, available through or administered by the Suffolk County Department of Economic Development and Planning or the Department of Public Works, for said projects.