[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.
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)]
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.
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.
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.
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.
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.
[Amended 2-7-2012 by L.L. No. 16-2012]
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.
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.
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.
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]
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.
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.
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.