[Adopted 11-23-1982 by L.L. No. 3-1982; amended in its entirety 3-27-1984 by L.L. No. 2-1984]
[1]
Editor's Note: The title of this article was changed from
"Planned Residential Development (PRD)" to "Planned Residential Development
(PRD) and Planned Commercial Development (PCD)" 10-24-2023 by L.L. No. 32-2023.
[Amended 10-23-2001 by L.L. No. 39-2001]
A.
Pursuant to Town Law § 278, the purpose of this article
is to enable and encourage flexibility of design and development of
land in such a manner as to promote the most appropriate use of land,
to facilitate the adequate and economical provision of streets and
utilities and to preserve the natural and scenic qualities of open
lands in order to provide larger areas of open space, both for recreational
and conservation purposes, and in order to implement objectives of
the Comprehensive Plan.
B.
Further, pursuant to Chapter 412 of the Laws of 1982, Town Law § 278
and its provisions may now be utilized when the owner of lands so
requests and also when the Planning Board so requires pursuant to
authorization by the Town Board.
C.
The Town Board of the Town of Southampton, wishing to implement the
Town Comprehensive Plan by preserving larger areas of open space in
order to preserve its unique rural character and to promote the other
goals of Town Law § 278, hereby authorizes the Planning
Board to utilize the provisions of Town Law § 278, subject
to its conditions and the conditions enumerated herein by this article.
A.
This article shall be applicable to land zoned for residential purposes
outside of the incorporated villages in the Town of Southampton in
Residence Districts CR-200, CR-120, CR-80, CR-60, CR-40, R-120, R-80,
R-60, R-40 and R-20.
B.
Nothing herein shall be construed to limit the existing authority
of the Planning Board to control the layout of subdivisions or the
design of site plans in any other district or zone.
C.
This article shall be applicable to land zoned for commercial purposes
and outside of the incorporated villages in the Town of Southampton
in Commercial Districts HB, SCB and VB.
[Added 10-24-2023 by L.L.
No. 32-2023]
A.
If the owner makes written application to avail himself of the provisions
of this article, the Planning Board may use the authority given to
it hereunder, at the discretion of the Planning Board, if, in said
Board's judgment, its application would benefit the Town.
B.
The Planning Board is hereby empowered to require the use of this article where it would benefit the Town, and it shall adopt rules and regulations setting forth the criteria pursuant to which such an application may be required. Such criteria shall be consistent with the provisions of this article. In addition, the use of the provisions of this subsection shall not be precluded in the Agricultural Overlay District, lands which contain Class I or Class II prime agricultural soils as delineated in the 1975 Soil Survey of Suffolk County, United States Department of Agriculture, Soil Conservation Service, lands designated as critical areas of environmental concern pursuant to Chapter 157 of the Town Code or lands within the Aquifer Protection Overlay District.
C.
If an applicant wishes to subdivide property under the provisions
of this article, he shall so indicate to the Planning Board, in writing;
if the Planning Board requires such a subdivision, it shall notify
the applicant, in writing.
D.
The applicant shall follow the applicable rules and regulations of
the Planning Board of the Town of Southampton.
[Amended 10-24-2023 by L.L. No. 32-2023]
A.
Where application is made or required pursuant to this article, the Planning Board shall in no case permit the number of dwelling units or commercial square footage to exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided without the benefit of this article and conforming to the provisions of Chapters 292 and 330 of the Town Code and conforming to all other applicable requirements. To demonstrate yield, the applicant shall submit a standard plat and site plan schematic if required with its application pursuant to this article. Said plat shall be acceptable for determining yield if its form and layout are deemed to be approvable by the Planning Board.
B.
For the purposes of this article, two or more parcels of property
of the same record ownership may be treated as a single parcel, provided
that the several individual parcels lend themselves to joint planning
in the public interest. Where any parcel lies in more than one residential
or commercial zoning district, such division shall not restrict the
configuration or location of lots or units created thereon pursuant
to this article; provided, however, that the Planning Board shall
give due consideration in such cases to the community character, natural
resources or other features which the different zoning classifications
were intended to foster or protect.
A.
The Planning Board may allow or require the permitted number of residential dwelling units in the form of manor houses, which are defined as a two-, three- or four-family dwellings. Nothing shall prevent the Planning Board from considering an application which utilizes a mix of single-family dwellings and manor houses. The total yield of permitted units shall not exceed the yield established under § 247-4 of this article. No building permit shall be issued unless a site plan showing the location of buildings, structures, driveways, parking areas, landscaping, fencing, drainage facilities and pavement specifications has been approved by the Town of Southampton Planning Board or unless the method of sewage disposal and water supply has been approved by the Suffolk County Department of Health.
B.
Notwithstanding any provision of this article to the contrary, in the case of an attached dwelling to be erected or constructed pursuant to this section, the Planning Board shall require the submission of building elevations to ensure the compatibility of the attached dwellings and dwellings which may exist or would be permitted in the adjacent single-family residentially zoned areas. Such elevations would be available for any joint meetings with the Town Board and would become a part of any subdivision approval. The Planning Board shall have the authority to refer such elevations to the Board of Architectural Review for its comments, and any approval which may be granted by the Planning Board under this section shall not eliminate the required review and approval by the Board of Architectural Review specified in Article VI of the Zoning Ordinance.[1]
[Amended 7-10-1990 by L.L. No. 19-1990]
C.
In its review of any plat hereunder involving two or more manor houses
or individual detached dwelling units on a single proposed lot, the
Planning Board shall also approve a proposed site plan showing areas
within which structures may be located, the height and spacing of
buildings, open spaces and their landscaping, off-street open and
enclosed parking spaces and streets, driveways and all other physical
features as shown on said plan or otherwise described, accompanied
by a statement setting forth the nature of such modifications, changes
or supplementations of existing zoning provisions as are not shown
on said site plan. Said site plan shall be subject to review and public
hearing or a hearing held by the Planning Board pursuant to §§ 276
and 277 of the Town Law of the State of New York for the approval
of plats.
[Amended 10-23-2001 by L.L. No. 39-2001]
A.
Simultaneously with the approval of the subdivision plat, the Planning
Board shall have the authority to modify the applicable provisions
of the Zoning Law to provide an alternative permitted method for the
layout, configuration and design of lots, buildings and structures,
roads, utility lines and other infrastructure, parks and landscaping,
as provided in this section.
B.
The Planning Board, in its discretion, may allow the permitted number
of dwelling units to be clustered in detached, semi-detached, attached,
or multifamily structures. The design and layout of such units may
include single-family dwellings on individual lots, manor-houses on
individual lots, more than one dwelling on an individual lot, carriage
houses, single-family or multifamily dwellings with zero-lot lines
or a homeowner's map, and/or multifamily condominiums or cooperatives.
Commercial buildings may be similarly clustered and aggregated but
in no case shall any one building exceed 30,000 square feet. The Planning
Board and Architectural Review Board shall ensure that clustered commercial
buildings are designed to be screened or otherwise articulated with
facade breaks and appropriate materials to ensure that massing is
contextually appropriate.
[Amended 10-24-2023 by L.L. No. 32-2023]
C.
In its review of the plan, the Planning Board shall determine the
arrangement of the dwelling structures and/or commercial structures
upon the site as well as their height, length, spacing, open spaces
and landscaping, off-street parking, streets, driveways and all other
physical features as shown on the plan or otherwise described. To
the maximum extent practicable, the dimensional requirements of the
most applicable zoning district shall be used to determine the specific
dimensional requirements of a proposed development.
[Amended 10-24-2023 by L.L. No. 32-2023]
[Amended 10-23-2001 by L.L. No. 39-2001]
A.
The application of this procedure shall result in the preservation
of at least 25% of the land on a plat in the reserved area in its
natural state for passive recreational, open space, paleontological,
archaeological and historical resources. The Planning Board, as a
condition of plat approval, may establish such conditions on the ownership
and use of such lands as it deems necessary to assure the preservation
of such lands for their intended purposes. The open space created
by the use of the provisions of this article must be clearly labeled
on the subdivision map as to its use and the rights of the owners
in the subdivision as well as whether it is to be dedicated ultimately
to the Town or otherwise under conditions meeting with Planning Board
approval. The details as to use and ownership of such open space are
further to be set out in a declaration recorded by the owner or other
appropriate instrument. Such open space is to be preserved in perpetuity,
and the Planning Board may require an open space easement running
to the Town as a condition of approval.
B.
If said lands are to be offered for dedication to the Town, the Town
Board may require that such conditions shall be approved by the Town
Board before said plan shall be approved for filing. All or portions
of open space may be dedicated to the Town or some other municipal
corporation.
C.
Property owners' association.
(1)
If the open space or an open space easement therein is not to be
dedicated to the Town or other governmental authority or to be an
approved private conservation corporation, the applicant must either,
simultaneously with the filing of the map, create a property owners'
association or neighborhood corporation embracing all property owners
within the map and providing for adequate contributions for maintenance
of said open space or otherwise satisfy the Planning Board with regard
to the maintenance of said open space.
(2)
If a property owners' association is selected by the Planning
Board as the method of maintenance of the open space to be preserved,
the following must be adhered to:
(a)
The property owners' association must be set up before
the lots are sold.
(b)
Membership must be mandatory for each lot buyer and any successive
buyer or each lot created must be legally required by duly filed covenants
and restrictions to pay to the property owners' association a
yearly fee to be used for maintenance of the open space.
(c)
The open space restrictions must be in perpetuity, not just
for a given period of years.
(d)
The association must be responsible for liability insurance,
local taxes and the maintenance of recreational and other facilities.
(e)
Property owners must pay their pro rata share of the cost, and
the assessment levied by the association can become a lien on the
property.
(f)
The association must be able to adjust the assessment to meet
changed needs.
(g)
The applicant shall make a conditional offer of dedication binding
upon the property owners' association for all open space to be
conveyed to the association, such offer to be accepted by the Town,
should it so choose, upon the failure of the property owners'
association to take title to the open space from the applicant or
other current owner or upon the dissolution of the association at
any future time.
D.
Agricultural open space. In the case of lands preserved for agricultural
use pursuant to this article, the resulting agricultural open space
reserve (hereinafter referred to simply as "agricultural reserve")
shall be dedicated to a public or quasi-public land trust; or placed
in a homeowners' or property owners' association with an
agricultural open space easement running to the Town; or retained
by the agricultural landowner with an agricultural open space easement
running to the Town. The former agricultural landowner should have
the first option to continue to use the agricultural rights within
the resulting agricultural reserve as a lessee.
[Amended 7-28-1992 by L.L. No. 33-1992]
A.
In addition to the open space requirement of § 247-7, where land subdivided under this article contains Class I or II prime agricultural soils or is located in the Agricultural Overlay District, hereinafter known as an "agricultural parcel," or is located in the Aquifer Protection Overlay District, the use of this procedure shall also result in the preservation of open space as provided in this section.
[Amended 10-23-2001 by L.L. No. 39-2001]
B.
At least 65% of the prime agricultural soils shall be preserved on
a parcel if:
(1)
It has the capability of being unified into a large continuous agricultural
area or is not contiguous to other parcels or tracts which would allow
for a large unified area of agriculture, however, the parcel is sufficiently
large as to allow an open space subdivision on nonprime agricultural
soils, or there has been some development of the parcel or tract but
is capable of unification with other agricultural parcels or tracts,
and such development will not impede an open space subdivision which
will allow the conservation of nearly all prime agricultural soils,
and the parcel or tract is being used for agriculture or has the potential
for such use; and
(2)
It is located in Residence Zone CR-200, CR-120 or R-120.
C.
At least 50% of the prime agricultural soils shall be preserved on
a parcel if:
(1)
All of the following conditions are met:
(a)
It is not contiguous to other parcels or tracts for unification
into a large agricultural area, or the parcel or tract may be too
small to contribute significantly to a unified area given the developed
features of the parcel or tract and the characteristics or development
on adjacent parcels tends to constrain agriculture;
(b)
It is sufficiently large as to allow an open space subdivision
which does not significantly disturb the prime agricultural soils;
and
(c)
The parcel is being used for agriculture or has the potential
for such use; or
(2)
The parcel is located in Residence Zone CR-80 or R-80.
D.
At least 35% of the prime agricultural soils shall be preserved on
a parcel in all other cases.
E.
In determining the portion or agricultural lands preserved under this section, the preservation of any lands by purchase of development rights pursuant to § 330-50 shall not be computed.
F.
Where a parcel or tract contains both prime agricultural soils and
nonprime soils, the Planning Board shall require that development
take place on nonprime soils so as to maximize the preservation of
prime agricultural soils. Where a tract of land also contains prime
agricultural soils and other natural resources warranting protection
(i.e., wetlands), the Planning Board may include the area of such
resource within the minimum open space percentage required under this
section provided the Planning Board makes a finding that the prime
agricultural soils on the site have been protected to the maximum
extent practicable. Where the open space preservation objectives of
this article are met, the Planning Board may modify the aforementioned
minimum open space percentages up to 10%, provided the applicant can
provide at least two acres of off-site preservation to each one acre
not preserved on the planned residential development site. In such
case, the Planning Board shall find that the off-site preservation
is consistent with the Town's open space goals and objectives.
[Amended 10-23-2001 by L.L. No. 39-2001]
G.
The Planning Board may also require an agricultural easement be granted to the Town in perpetuity over the agricultural reserve areas to ensure the preservation of prime agricultural soils. Agricultural soils preserved under this subsection shall be included in computing the open space requirements of 25% of § 247-7.
H.
Where a parcel is located in Residence Zone CR-200, CR-120 or R-120 and is in the Aquifer Protection Overlay District, at least 65% of the parcel shall be preserved. In CR-80 or R-80 within the Aquifer Protection Overlay District, 50% shall be preserved. In all other cases in the Aquifer Protection Overlay District, 35% shall be preserved. The Planning Board may require an open space easement running to the Town as a condition of approval. In addition, the Planning Board may require development to be located on the portion of the parcel or tract that minimizes the impact on groundwater recharge. The open space requirement of this subsection shall be in lieu of the requirement of § 247-7A of this article. Lands within individual lots covered by a perpetual scenic or conservation easement may be calculated as open space under this subsection where the overall density of the property is reduced by 50% or more as a consequence of the easement.
I.
It is the policy of the Town to maximize the preservation of agricultural
soils and groundwater recharge lands. The preservation requirements
of this section are minimum requirements and shall not preclude the
preservation of additional open space by the Planning Board whenever
possible.
The Planning Board may approve uses for open space, and these
uses will be clearly indicated on the final map.
A.
The Planning Board may approve recreational use, such as wooded park
areas, bridle paths, hiking trails, beach areas, etc.
B.
The Planning Board may approve conservational uses, such as open
woodland, wetlands, dune areas or farm fields.
C.
The Planning Board may approve cultural aspects, such as historic
places, buildings and works of art and paleontological and archaeological
sites and such open spaces which will assure that each of the above
cultural aspects are adequately protected in the public interest.
In addition to any screening and landscaping contained in the
rules and regulations of the Planning Board, the Planning Board may
require additional screening and planting in order to lessen the impact
of development hereunder on adjacent properties other than those set
forth in existing rules and regulations.
A limited area for neighborhood convenience shops may be part
of the planned residential development plan, provided that its size
shall be regulated so as to serve only the residents of the planned
residential development, serve no less than 100 units of housing,
be no closer than two miles from an existing business district and
shall not be constructed until the entire residential portion of the
plan is completed.
[Amended 10-23-2001 by L.L. No. 39-2001]
In addition to the other Planning Board requirements for final
maps, upon final approval of the subdivision application by the Planning
Board, the applicant shall file the subdivision map or condominium
map in the office of the County Clerk, which map shall contain:
A.
A statement that the subdivision or condominium has been approved
pursuant to the provisions of this article.
B.
The number and types of units which can be erected thereon.
C.
The areas in which said units may be constructed.
D.
The areas which are to remain open space and under what conditions.
E.
The existing zoning district and the modifications to the dimensional
requirements approved by the Planning Board.
