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Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
Code
New Laws (9) Index
[Amended 9-24-2014 by L.L. No. 20-2014, effective 10-7-2014]
A. 
The purpose of this Planned Development District legislation is to create the type of planning and zoning flexibility which is necessary to achieve environmentally sensitive, economically beneficial and socially desirable development which is more creative and imaginative in its land use and design than is possible under the more rigid, conventional regulations currently in place. This type of sound planning is designed to achieve a commonality of benefits for the otherwise sometimes competing interests of planners, environmentalists, residents, civic groups, business people and developers by recognizing the unique locational, servicing and physiographic characteristics of varying parcels of land, and then shifting and modifying the development permitted on each in order to achieve benefits to the public and to the owner of the property.
B. 
The intent of the Town Board is to enact zoning which can be used as a positive planning tool that will:
(1) 
Encourage comprehensive, coordinated planning and design, and the creation of developments and communities which are visually attractive, fiscally responsible, economically feasible and environmentally sensitive.
(2) 
Implement the Central Pine Barrens Comprehensive Land Use Plan by providing a zoning mechanism designed to facilitate the transfer of Pine Barrens Credits (PBCs) from the core area of the Central Pine Barrens to receiving sites which are located and designed in a manner capable of accommodating the transferred development rights.
(3) 
Encourage development that blends a combination of residential, commercial, cultural, institutional, or industrial uses, where those functions are physically and functionally integrated, and that provides pedestrian connections.
(4) 
Locate, plan and design or redesign communities so that they will have a clear "sense of place" to enable residents to reside, work, shop and enjoy recreational and cultural activities in the same area.
(5) 
Offer the opportunity for a balanced array of housing designed to meet the needs of the Town and the region.
(6) 
Encourage high-quality, environmentally sensitive industrial and commercial land uses on suitable and appropriately located parcels well served by transportation facilities and utility services.
(7) 
Encourage the efficient provision and delivery of governmental services, including educational, cultural, recreational and emergency services.
The Planned Development District (PDD) is hereby established with potential applicability to any property in the Town of Brookhaven where its use will serve to further the legislative intent of this article. The boundaries of each Planned Development District shall be fixed by amendment to the official Town Zoning Map wherever this district is applied.
A. 
Application to Town Board. An application for change of zone shall be submitted to the Town Clerk, in accordance with the application procedures and requirements of Article VII, Town Board Amendments, of this chapter. Such application shall also contain a written statement containing a text description and a PDD Master Plan proposal, including:
(1) 
The concept and rationale of the proposed plan, including an explanation of how its approval would result in a development pattern which minimizes environmental impacts, creates an integrated, mixed-use and pedestrian-friendly site or otherwise achieves the legislative intent, purposes and goals of this article.
(2) 
A quantitative analysis for the entire site which indicates the area of the existing zoning district(s), the preserved land areas, the floor space of the various types of proposed commercial, industrial and other nonresidential uses, the proposed number of residential dwelling units by size and type, and the area and percentages of the site proposed for each type of proposed land use as regulated below in § 85-740.
A. 
All permitted, special permitted and accessory uses authorized in the following zoning districts subject to the density and intensity increase requirements as set forth in § 85-741:
(1) 
MF Residence.
(2) 
PRC Residence.
(3) 
J Business 2.
(4) 
J Business 4.
(5) 
J Business 5.
(6) 
J Business 6.
(7) 
J Business 8.
(8) 
L Industrial 1.
(9) 
Commercial Recreation District.
The amount and type of development permitted within a Planned Development District shall be the same as that permitted in the underlying zoning districts prior to the time of Town Board PDD approval, except the Town Board may allow an increase or change in the amount of permitted development subject to the following requirements:
A. 
Residential density requirements. Residential density shall be as required and regulated by the locational and density regulations contained in MF Residence (§§ 85-273 and 85-280) and PRC Residence Districts §§ 85-296 and 85-298.
B. 
Nonresidential density requirements. Nonresidential density shall be subject to all the land use intensification mitigation provisions of this chapter (§ 85-82), except that the increase in PDD land use intensification shall be calculated as follows: the land use intensification percentage of the less restrictive zone in which the proposed use is located (the use proposed by the PDD master plan as listed and permitted in § 85-740) minus the land use intensification percentage of the more restrictive zone (the underlying zoning district prior to the time of Town Board PDD approval).
A. 
Minimum lot area.
(1) 
The required minimum lot area for the Planned Development District shall be three acres.
(2) 
There shall be no minimum lot area requirement for uses, units or lots created internally within the Planned Development District.
B. 
Minimum width of lot.
(1) 
The required minimum lot width for the Planned Development District shall be 100 feet.
(2) 
There shall be no minimum lot width requirement for uses, units or lots created internally within the Planned Development District.
C. 
Minimum front yard setback.
(1) 
The required minimum front yard setback for the Planned Development District shall be 25 feet.
(2) 
There shall be no minimum front yard setback requirement for uses, units or lots created internally within the Planned Development District.
D. 
Minimum side and rear yard setback.
(1) 
The required minimum side and rear yard setback for the Planned Development District shall be 50 feet.
(2) 
There shall be no minimum side and rear yard setback requirement for uses, units or lots created internally within the Planned Development District.
E. 
Maximum permitted height.
(1) 
The maximum permitted height for the Planned Development District shall be 50 feet or 3 1/2 stories.
F. 
Maximum permitted floor area ratio (FAR).
(1) 
The maximum permitted floor area ratio for the Planned Development District shall be 60%.
G. 
Minimum buffer to residential uses adjacent to the Planned Development District.
(1) 
Residential and nonresidential Planned Development District uses shall provide a buffer to residential uses that are adjacent to the Planned Development District in accordance with the buffer provisions provided for in the land development standards of this chapter.
H. 
Civic space and recreational requirements. Civic space and recreational areas, including squares, private plazas, greens, and public parks, shall be intermixed throughout the development for social activity, recreation, and visual enjoyment.
(1) 
A minimum of two square feet per residential unit shall be provided in the areas between the main street and the mixed-use building facades or as plazas or courtyards adjacent to the buildings.
(2) 
Civic space requirements are in addition to the recreational requirements required herein.
I. 
Architectural standards. High-quality architecture is required for all buildings and structures as may be required by the Town Board or Planning Board.
[1]
Editor's Note: Former § 85-743, Affordable housing, was repealed 10-22-2020 by L.L. No. 13-2020, effective 11-4-2020.
In the event any clause, sentence, section, paragraph or provision of this article shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, section, paragraph or provision directly involved in the controversy in which such judgment shall have been rendered.