[Added 4-19-2016 by L.L. No. 16-2016]
A. 
It is the purpose of the Community Benefit District (CBD) to implement the recommendations of the Town of Riverhead Comprehensive Plan (2003) by permitting the construction of clustered multifamily rental dwelling units in a manner designed to meet the needs of a range of users who are presently underserved by the housing market, including young people entering the work force, young families, and seniors.
B. 
Permission for the development set forth in Subsection A above shall require the concurrent construction of on-site community center and nonresidential use(s) that, together or individually, provide an enhancement of not only the subject project for its residents but for the use, enjoyment and enhancement of the surrounding community as well.
C. 
The goals of the CBD District are:
(1) 
To promote a mixed-use development on a single site in a cohesive manner, with the main purpose of providing for the needs of its residents and residents in the larger community;
(2) 
To promote the most-desirable land use upon real property that is suitable for such development due to its size, location and access to necessary infrastructure; and
(3) 
To provide standards to facilitate development not currently possible under Chapter 301 (Zoning Ordinance) in order to meet identified community needs.
As used in this article, the following terms shall have the meanings indicated:
COMMUNITY CENTER
A structure/s providing educational and recreational services to the community, including, but not limited to, day-care, nutrition and wellness programs, performing arts space, sports, and fitness facilities. Food service, ATMs, and retail space in support of the foregoing activities shall be permitted in the community center.
WORKFORCE HOUSING
Residential housing occupied by residents whose income conforms to guidelines published by a governmental authority with appropriate jurisdiction as 80% to 120% of median, adjusted for area.
A. 
The CBD District may be imposed by the Town Board as an overlay district in conjunction with or to the exclusion of all other use districts shown on the Zoning Use District Map of the Town of Riverhead.
B. 
In the event of a conflict between the provisions of this article and other provisions of Chapter 301 (Zoning Ordinance), the provisions of this article shall apply.
C. 
All special permit uses set forth herein shall be subject to the approval of the Town Board pursuant to the requirements and procedures set forth in § 301-308 of the Town Code.
In order to be considered for the CBD designation, a property shall meet all of the following criteria:
A. 
The minimum area of a parcel shall be 10 acres;
B. 
The site shall have frontage on a state or county arterial highway, onto which all vehicle access shall be directed;
C. 
The minimum road frontage on a state or county arterial highway shall be 800 linear feet.
D. 
The property shall be served by appurtenances of the Riverhead Water District and the Riverhead Sewer District or shall be in sufficient proximity to such district boundaries as they exist at the time of the adoption of this article to permit access to such infrastructure; and
E. 
It shall be of sufficient area to provide for all applicable parking, buffer yards, landscaping and open space requirements.
A. 
In the Community Benefit (CBD) District, no building, structure, or premises shall be used or arranged or designed to be used and no building or structure shall hereafter be erected, reconstructed, or altered or occupied unless otherwise provided in this article for the following special permitted uses:
(1) 
Detached and/or attached multifamily dwelling units.
(2) 
One-family dwelling units with a professional office.
(3) 
Community centers, day cares, and nursery schools.
(4) 
Recreational uses, including parks and playgrounds, swimming pools, and/or outdoor sports facilities.
(5) 
Houses of worship.
B. 
Any development pursuant to this article shall consist of the concurrent construction of clustered residential, on-site community center and nonresidential uses.
Accessory uses shall include those uses customarily incidental to any of the above specially permitted uses when located on the same site or within a structure with a specially permitted use. Specifically allowed are the following, provided that the total lot coverage does not exceed 5% of the site:
A. 
Maintenance structures.
B. 
Garages.
C. 
Storage buildings.
D. 
Pump station for wastewater disposal purposes.
A minimum of 100% of dwelling units shall be sold or rented to households that meet income standards, as those standards may change from time to time, as set by the state or federal government and designated as workforce housing.
Any community center approved pursuant to this article shall conform to the following requirements:
A. 
All facilities of the community center shall be available to the general public.
B. 
Individual facilities within the community center may be rented to the general public. Fees may be charged for use of the facilities, but such fees shall be limited to only those necessary to defray expenses.
A. 
The professional office use shall be of such character as to be appropriate for a residential neighborhood setting.
B. 
All such structures are to be limited in floor area, not to exceed 2,500 square feet (SF) in size each.
C. 
One residence may be located within each such structure, and it may only be occupied by the owner or an employee of the professional office that occupies that structure.
Type
Requirement
Maximum building net floor area ratio
0.40
Maximum lot coverage (total footprint)
0.20
Minimum front yard depth
15 feet
Minimum rear yard depth
20 feet
Minimum side yard setback (both)
15 feet
Maximum building height
50 feet, not to exceed 3 1/2 stories
Dwelling unit density and mix
Dwelling unit density
1 unit per 40,000 square feet
A. 
Preservation credits may be used to increase dwelling unit density within the Community Benefit Zoning Use District. In its review and approval of any site plan application within the Community Benefit Zoning Use District utilizing preservation credits, the reviewing board shall condition the final site plan approval upon the redemption of the appropriate number of credits, with the signature of the Mylar predicated upon the redemption and retiring of the appropriate number of preservation credits.
B. 
Preservation credits may be acquired through the transfer of development rights pursuant to Article XLII of this chapter or the acquisition of workforce housing development rights through the Suffolk County Workforce Housing Transfer of Development Rights Program. Any preservation rights acquired through the Suffolk County Workforce Housing Transfer of Development Rights Program must be rights that were placed in the program from the purchase or preservation of property located in the Town of Riverhead.
C. 
The Town Board, in its review and approval of an application for a special permit, may increase the allowable dwelling unit yield at a rate of one dwelling unit per preservation credit redeemed, not to exceed 10 dwelling units per 40,000 square feet after subtracting for that land area required for infrastructure and public improvements.
A. 
A minimum of 40% of the total site area shall be reserved for vegetated open space, pond areas, or passive recreational use.
B. 
Such recreational amenities may include, but not be limited to, playgrounds, walking trails, fitness trails, picnic areas or sitting areas; no landscaped areas that are not easily accessible for use and occupancy as recreational space are to be included in this calculation.
A. 
The development shall endeavor to provide minimum off-street parking in conformance with the following schedule:
Use
Number of Spaces
Residences
1.5 spaces per unit
Community center
1 space per 300 square feet of floor area
Church
1 space per 3 pew seats
Nonresidential spaces
1 space per 200 square feet of floor area
B. 
In recognition of the shared-use aspects of the CBD District, if the Planning Board determines that an applicant has conclusively demonstrated that one or more of such uses will be generating a demand for the parking spaces primarily during periods when another use or uses has or have a significant lower parking demand, the Planning Board may, upon application, reduce the total parking spaces required.
A. 
All utility service lines within the site shall be constructed underground.
B. 
The development shall provide safety and security lighting in appropriate areas, including, but not limited to, building exteriors, building entrances, walkways, vehicle access points and within parking areas.
C. 
All exterior lighting fixtures shall conform to Article XLIX of the Riverhead Zoning Ordinance, such that no fugitive lighting impacts adjacent properties.
D. 
To the maximum extent practicable, sustainable energy site lighting shall be utilized.
E. 
All lighting fixtures, whether mounted on building walls or on poles, shall be placed at the minimum height necessary to cast adequate lighting intensities on illuminated surfaces.
F. 
All buildings shall be handicapped-accessible.
G. 
A maintenance plan for all ground and buildings shall be in effect, and such initial plan shall be included in site plan review.
H. 
Landscaping shall be designed to reduce heat island effects.
I. 
On-site retention/harvesting of stormwater runoff to minimize sewer impact and reduce water usage for irrigation shall be utilized.
J. 
In recognition of the inherent mixed-use character of the CBD District, no abutting landscape buffer areas other than those specifically required in this section shall be required.
K. 
For the purpose of the requirements for off-street loading berths, the permitted and accessory uses shall not be considered as being used for business, industrial or hospital purposes.
L. 
Where the CBD Zoning District has been applied to a property, the site plan must show a twenty-five-foot nonimproved transitional buffer along any boundary shared with a residential use or residentially zoned property. If, in the opinion of the Planning Board, the natural vegetation existing on the site does not provide a sufficient buffer between the property and the abutting residential use or residentially zoned property, the Planning Board may require the applicant to augment the buffer with appropriate screening and vegetation. For the purposes of this section, fencing in the nonimproved transitional buffer area shall not be deemed an improvement.
Where the development includes health and fitness facilities and/or day-care services for preschool age and/or services for senior citizens within the community center, oversight and supervision shall be provided by professional staff.
No earthwork, land clearing, construction or land disturbance of any kind shall take place upon real property within a CBD until such time as a site plan has been approved by the Planning Board. In cases in which a proposed project involves the subdivision of land, no development may proceed until final conditional subdivision approval has been granted by the Planning Board. Approval of a site plan for development shall be conditioned upon approval by the Suffolk County Department of Health Services. Energy Star® compliance on all equipment and appliances in residential units shall be required. All users and residents within the CBD shall be required to comply with a recycling plan for refuse. Buildings shall be oriented to maximize natural daylight. Low-flow water for all plumbing fixtures shall be utilized.