[Amended 2-22-2005 by L.L. No. 4-2005]
A.
Purpose.
(1)
These provisions are enacted to provide for increased
housing opportunities and lifestyle options, consistent with the recommendations
of the Town of Southampton Master Plan of 1970 and the 1999 Comprehensive
Plan Update. Community planning objectives encourage that the Town
enable a wide variety of housing types and, more particularly, to
help make possible housing opportunities with purchase and rental
costs in keeping with the financial means of the Town's residents
who have low or lower-middle incomes. Given that there are many economic
factors impacting young adults, families, and senior citizens, including
but not limited to limited or fixed incomes, physical restrictions,
and the rapidly accelerating costs of purchasing and maintaining a
single-family residence, the Town Board deems it necessary to provide
zoning regulations to permit such multifamily housing developments
within the Town.
(2)
It is the specific purpose and intent of the Multifamily
Planned Residential Development (MFPRD) District to provide the opportunity
within the Town of Southampton for the development on a planned basis
of higher-density housing on sites located in existing single-family
neighborhoods but in reasonable proximity to shopping services and
other community facilities and with access to major roads and public
transportation. To help assure the achievement of this goal with proper
protection for existing neighborhood development, the MFPRD District
shall be established on a floating zone basis, subject to approval
by the Town Board in each case, with exception of small multifamily
developments consisting of 20 units or less which may be by special
exception use permit. MFPRD Districts shall be in accordance with
an approved preliminary development concept plan, as described and
defined herein.
[Amended 3-23-2021 by L.L. No. 11-2021]
B.
HAMLET CENTER
MULTIFAMILY HOUSING DEVELOPMENT, LARGE
MULTIFAMILY HOUSING DEVELOPMENT, MEDIUM
MULTIFAMILY HOUSING DEVELOPMENTS, SMALL
PUBLIC TRANSIT AREA
SHORT AND SAFE WALKING DISTANCE
VILLAGE CENTER
Definitions. As used in this article, the following
terms shall have the meanings indicated:
As defined in § 330-5.
Those developments which consist of more than 40 units, but
no greater than six units per acre. In the case where two medium-sized
multifamily housing developments are sited contiguously as Phase I
and Phase II projects by the same developer (or an entity with development
interests in which there are principals in common), they shall be
considered as one housing development.
[Amended 3-23-2021 by L.L. No. 11-2021]
Those developments which consist of more than 20 units, but
less than 40 units. In the case where two large or medium-sized multifamily
housing developments are sited contiguously as Phase I and Phase II
projects by the same developer (or an entity with development interests
in which there are principals in common), they shall be considered
as one housing development.
Those developments which consist of 20 units or less. In
the case where two small-sized multifamily housing developments are
sited contiguously as Phase I and Phase II projects by the same developer
(or an entity with development interests in which there are principals
in common), they shall be considered as one housing development.
As defined in § 330-5.
Shall be construed as meaning convenient and having adequate
sidewalks, streetlights and other pedestrian-friendly, traffic-calming
amenities presently available or shall be established of a condition
for approval of the floating zone designation.
As defined in § 330-5.
C.
Exclusions.
(1)
An MFPRD District shall not be applicable to retirement communities or congregate housing in excess of 75 units. Assisted-living, life-care, continuing-care retirement communities, congregate-housing and independent-living retirement communities shall be considered land uses subject to the applicable standards defined in Chapter 330, Article XVII, Special Exception Uses.
[Amended 3-23-2021 by L.L. No. 11-2021]
D.
Special exception uses.
(1)
Hospitals. As noted in § 330-10 (Residence Districts Table of Use Regulations), hospitals are uses permitted by special exception in the applicable zoning districts, including Multifamily Planned Residential District (MFPRD), in accordance with the performance standards noted within § 330-162.14.
(2)
Multifamily planned residential development, small. As noted in § 330-10 (Residence Districts Table of Use Regulations), small senior citizen housing developments shall be permitted by special exception in the applicable zoning districts including Multifamily Planned Residential Development District (MFPRD), in accordance with the performance standards noted in § 330-143.2.
(3)
Bus passenger shelters. As noted in § 330-10 (Residence Districts Table of Use Regulations), bus passenger shelters are permitted by special exception in the applicable zoning districts, including Multifamily Planned Residential Development District (MFPRD), in accordance with the performance standards noted in § 330-127.
The procedure for planning and zoning approval
of any future proposed multifamily development in an MFPRD District
shall involve a two-stage review process as follows:
Application for the establishment of MFPRD Districts
shall be submitted to the Town Board in 15 copies at a regularly scheduled
meeting of said Board. The application shall include at least the
following items of information:
A.
The names and addresses of the property owner, the
applicant (if other than the owner) and of the planner, engineer,
architect, surveyor and/or other professionals engaged to work on
the project.
B.
Where the applicant is not the owner of the property,
written authorization from the owner for the submission of the application.
C.
A written statement describing the nature of the proposed
project, how it is designed to serve the purposes of this chapter
(including its consistency with the Town Master Plan), an analysis
of the site's relationship to immediately adjoining properties and
the surrounding neighborhood, the availability and adequacy of community
facilities and utilities to serve it, the safety and capacity of the
street system in the area in relation to the anticipated traffic generation
and such other information as may be required by law or determined
necessary by the Town Board or Planning Board to properly enable them
to review and decide upon the application.
D.
A written statement of the proposed method of ownership
and maintenance of all common utilities, facilities and open space
lands within the proposed development.
E.
A preliminary development concept plan for the proposed
project, drawn to a convenient scale and including the following items
of information:
(1)
The area of the property, in both acres and square
feet.
(2)
A map of existing terrain conditions, including topography
with a vertical contour interval of no more than two feet, identification
of soil types (including wetlands), existing drainage features, major
rock outcroppings, the extent of existing wooded areas and other significant
vegetation, existing stone walls, etc.
(3)
A site location sketch indicating the location of
the property with respect to neighboring streets and properties, including
the names of all owners of property within 500 feet thereof. This
should, also show the existing zoning of the property and the location
of all zoning district boundaries in the surrounding neighborhood.
(4)
A preliminary site development plan indicating the
approximate location, height and design of all buildings, the arrangement
of parking areas and access drives and the general nature and location
of other proposed site improvements, including recreational facilities,
landscaping and screening, the storm drainage system, water and sewer
connections, etc.
(5)
A generalized time schedule for the staging and completion
of the proposed project.
(6)
An application fee in the amount set forth in the
Fee Schedule, as may be amended by the Town Board.
[Amended 3-23-2021 by L.L. No. 11-2021]
[Amended 12-10-2002 by L.L. No. 50-2002; 3-25-2008 by L.L. No. 15-2008]
A.
Should the Town Board, in the exercise of its discretion,
choose to consider an MFPRD zone change, the Town Board shall refer
all complete applications for a MFPRD zoning designation to the Planning
Board for review and report. Within 30 days of the date of the referral,
the Planning Board shall report its recommendations back to the Town
Board. No final action shall be taken until the Town Board receives
the Planning Board report or the time within which to make that report
has expired. The referral time may be extended or shortened by the
Town Board.
B.
With regard to potential impacts to community services,
should the Town Board, in the exercise of its discretion, choose to
consider a MFPRD zone change, the Town Board shall also transmit the
application and/or solicit comments and preliminary review concerning
the MFPRD zoning designation from the Chief Fire Marshal, the Fire
Department with jurisdiction, or other municipal agencies or districts
with jurisdiction, including agencies under contract to provide ambulance/emergency
medical services to the subject property. For input from agencies
under contract to provide ambulance/emergency medical services to
the subject property, the Town Board shall refer the application to
the EMS Advisory Association for its recommendations. The Town Board
shall also refer the application to the school district in which the
proposed project lies for its input. As part of the application, the
applicant shall be required to provide to the Town Board the name
and address of the applicable fire department, ambulance/emergency
medical services agency, other municipal agencies or districts with
jurisdiction over the subject property and the school district in
which the proposed project lies.
[Amended 12-10-2002 by L.L. No. 50-2002]
A.
The Planning Board, in its report to the Town Board,
may recommend either approval of the proposed application for the
establishment of the MFPRD District, with or without modifications,
or disapproval.
B.
The Fire Marshal, the Fire Department with jurisdiction,
or other municipal agencies or districts with jurisdiction, including
agencies under contract to provide ambulance / emergency medical services
to the subject property, shall forward their comments on the applications
for MFPRD zoning designation to the Town Board within 30 days of such
request for comments and preliminary review. No response following
such thirty-day period shall be construed as no potential adverse
impacts to community services solicited upon preliminary review and
no additional requirements deemed necessary by such agency for consideration
by the Board in its approval of the zone change.
C.
In preparing its report and recommendation, the Planning
Board shall take into consideration the recommendations of the Town
Master Plan, the existing nature and arrangement of land uses in the
area, the relationship of the proposed design and location of buildings
on the site, traffic circulation both on and off the site, the adequacy
of available community facilities and utilities to service the proposed
development, compliance of the proposed development with the standards
and requirements of this chapter, the then-current need for such housing
and such other factors as may be appropriately related to the purpose
and intent of this article and the Town Code. In the event of a recommendation
for disapproval, the Planning Board report shall contain detailed
reasons for such recommendation.
[Amended 3-25-2008 by L.L. No. 15-2008]
A public hearing before the Town Board on an
MFPRD zoning designation shall comply with the same notice as prescribed
by law for zoning amendments.
[Amended 3-25-2008 by L.L. No. 15-2008]
A.
The Town Board may act either to approve, approve
with modifications or disapprove the preliminary development concept
plan and the establishment of the MFPRD District. Approval or approval
with modifications of that concept plan together with the approval
of the change of zone shall be deemed to authorize the applicant to
proceed with the detailed design of the proposed development in accordance
with such concept plan and the subsequent procedures and requirements
of this article. A copy of the resolution containing the Town Board's
decision shall be forwarded to the Planning Board and to the applicant.
A copy shall also be placed on file in the office of the Town Clerk
and, if in the form of an approval, the official copy of the Town
Zoning Map shall be amended accordingly.
B.
Approval of the establishment of an MFPRD District
shall expire within 18 months of the date of Town Board approval unless
the appropriate Planning Board approvals and building permit(s) have
been obtained and substantial construction has begun. The Town Board,
upon request of the applicant, may extend the above time periods for
two additional periods of not more than six months each. In the event
of expiration of approval, the MFPRD District may, after proper notice
and a public hearing, revert to its prior zoning classification. Thereafter,
the Town Clerk shall amend the official copy of the Zoning Map accordingly.
A.
No earthwork, land clearing, construction or development shall take place on any property within an MFPRD District except in accordance with a site plan approved by the Planning Board in accordance with this article, and with the procedures and standards for site plan approval as set forth in §§ 330-181 through 330-184 in this chapter.
B.
Where a proposed multifamily development also involves the subdivision or re-subdivision of land, no development may proceed until the Planning Board has also granted final subdivision approval in accordance with the standards and procedures of Chapter 292, Subdivision of Land, of this Code.
[Amended 3-23-2021 by L.L. No. 11-2021]
[Amended 5-13-1986 by L.L. No. 7-1986; 10-24-1989 by L.L. No.
22-1989; 10-24-2000 by L.L. No. 16-2000; 5-14-2002 by L.L. No.
12-2002; 12-23-2002 by L.L. No. 56-2002; 2-22-2005 by L.L. No.
4-2005]
Development within MFPRD Districts shall be
governed by the provisions of this section.
A.
Location standards. MFPRD Districts shall be permitted
in any residence or business district, except CR-200, CR-120 and R-120,
provided that the site should be located within a convenient distance
from a central business district or hamlet center, or village center
which provides shopping, access to public transportation, and community
facilities. Generally, all multi-unit developments involving higher-density
prototypes (e.g., townhouses, apartment buildings, attached housing,
etc.) are to be within one mile of a hamlet center or village center.
[Amended 3-23-2021 by L.L. No. 11-2021]
(1)
Hamlet centers and village centers. Hamlet centers and village centers, as defined in § 330-5, are identified in the Town Comprehensive Plan and further classified as "major hamlet centers," "small hamlet centers," "major village centers" and "Town business centers." A Map of Hamlet Centers and Village Centers is on file in the office of the Town Clerk. Hamlet centers contain zoning districts such as Village Business Districts (VB), Shopping Center Business Districts (SCB), or hamlet-scale mixed-use business districts such as Hamlet Commercial/Residential (HC) which may incorporate a grocery store, community pantry, and personal services. Large senior housing developments may only be permitted if located a short and safe walking distance, no greater than 1/4 mile, from a hamlet center or Shopping Center Business (SCB) District, or village center. Medium senior housing developments may only be permitted if located a short and safe walking distance, no greater than one mile, from a hamlet center or a Shopping Center Business (SCB) District or village center.
(2)
Waivers for small multifamily housing developments.
Waivers to the above siting requirement are applicable to small multifamily
housing developments, that is, those developments which consist of
20 units or less as defined herein, provided some other public benefit
is conveyed by such waiver. New York State Town Law defines "community
benefits" to include "housing for low- to moderate-income persons."
(3)
Waivers for large and medium multifamily housing developments.
In certain cases, waivers to the above siting requirements may be
applicable to medium and large multifamily housing developments in
the following circumstances:
(a)
If consistent with a Hamlet Study adopted as
an update to the Town Comprehensive Plan and the use of such innovative
planning MFPRD overlay district also assists the Town in realizing
substantial community benefits. However, the Town Board may find the
zoning classification for the proposed housing development is better
accommodated through the use of planned development district standards.
[1]
The Town's Master Plan contemplates that additional
density can be achieved through the transfer of development rights
(TDRs) or Pine Barren Credits (PBCs), such that there is no substantial
increase in the number of dwelling units or population within the
same school district because development has been redirected in order
to channel growth and preserve more ecologically sensitive lands.
TDR's may also originate from parcels determined to be important to
protect community character, including but not limited to scenic greenways
and greenspace within developed neighborhoods within the same school
district. As a change of zone or amendment to the Zoning Map is a
discretionary act by the legislative body, the Town Board is not obligated
to increase the density beyond six units per acre using TDRs or PBCs
wher eit finds it would not meet the objectives of the community or
the Comprehensive Plan.
(b)
In limited circumstances, medium multifamily
housing developments may be located on a site which is within a short
and safe walking distance no greater than 500 feet from a public transit
area (e.g., municipal bus stop or train station).
(c)
In cases where the multifamily housing development
is not located a short and safe walking distance from a hamlet center,
village center or a public transit area, the applicant shall provide
a shuttle bus service and/or other transportation mitigation measures.
(d)
Procedure; Town Board findings.
[1]
An applicant seeking a waiver from the aforementioned
location standards shall make such request in writing to the Town
Board with a copy filed in the office of the Town Clerk. The applicant
shall indicate the following:
[a]
A preliminary project description
and the reasons prompting the request for a waiver of aforementioned
location standards.
[b]
The nature of the public benefits
provided by the proposed senior citizen housing development, including
the number of units proposed as set-aside units for low-, moderate-,
or middle-income persons.
[c]
Whether or not the applicant is
or is working with a bona fide nonprofit corporation and guarantees
to develop and maintain a substantial (e.g., 50%) portion of the resultant
housing at a purchase price or tenant cost within the moderate- to
middle-income housing market.
[d]
Whether the site is identified
as a potential site or redevelopment site suitable for multi-unit
housing development or incentive zoning in the Town's Master Plan
or a Hamlet Study or Area Study adopted as an Update to the Comprehensive
Plan.
[e]
Whether or not the proposed project
entails transfers of development rights or redemption of Pine Barrens
Credits (PBCs) to achieve additional density or yield.
[2]
A waiver of the aforementioned location standards
may be granted by the Town Board after a public hearing. Should the
Town Board, in the exercise of its discretion, choose to consider
an MFPRD change of zone pursuant to this article, and a waiver from
the aforementioned location standards is sought, the public hearing
on the waiver may be combined with the public hearing on the change
of zone. The notice of any such combined hearing must include a specific
reference to the change of zone and the waiver sought.
[Amended 3-25-2008 by L.L. No. 15-2008]
[3]
The Town Board may only authorize a waiver of the aforementioned location standards by resolution, following a public hearing and a favorable determination based on the criteria noted in Subsection A(3)(d)[4] below and may request an advisory report from the Town Planning and Development Administrator.
[Amended 3-25-2008 by L.L. No. 15-2008]
[4]
In deciding whether or not to authorize a waiver
of the aforementioned location standards, the Town Board shall consider
the following:
[a]
Based upon the preliminary project
description, the appropriateness of the site, environmental considerations,
and the proposed development design to accommodate such an increased
density.
[b]
The nature or the public benefits
conveyed by the waiver, including the provision of housing within
the means of low- to moderate-income persons.
[c]
Whether the proposed housing development
will have a significant negative impact on a special assessment district.
[d]
Whether the proposed housing development
incorporates design elements which meld with the existing neighborhood
and hamlet character, if desirable.
[e]
Whether or not the proposed housing
development involves the transfer of development rights or redemption
of Pine Barrens Credits (PBCs) to ensure off-site preservation or
acquisition of interests in land in order to achieve the development
yield or higher density, excluding any requisite below-market-rate
units reserved for persons of low-, moderate-, or middle-income with
long-term affordability restrictions proposed by covenants and restrictions.
[5]
The findings by the Town Board and all conditions
associated with a waiver shall be specified in the resolution noted
in Subparagraph b above. The Town Board may require supplemental design
standards, TDRs or additional affordable set-aside units or other
community benefits, and other mitigation measures.
[6]
A resolution authorizing a waiver of location
standards shall be contingent upon a favorable change-of-zone approval
to MFPRD District following a thorough review of the project's benefits
and potential impacts pursuant to other provisions of this chapter.
A waiver of location standards shall run concurrently with any expiration
deadlines associated with a change-of-zone approval for the establishment
of the MFPRD District. In the event an applicant withdraws his application
or fails to receive change-of-zone approval for a MFPRD District,
the waiver of location standards shall be considered null and void.
B.
Minimum site size. The minimum site size required
for the establishment of an MFPRD District shall be five acres or
200,000 square feet, but, in any case, the site shall be of such shape,
dimension, topography and location as will allow for an appropriate
and attractive development with proper setbacks, screening and a harmonious
relationship with adjoining land uses and the natural physical terrain.
Buffer areas, intended to screen the development from adjacent properties,
the road corridor and the railroad right-of-way, shall be required
as necessary.
C.
Ownership. A proposed MFPRD District site may be owned
by one or more persons or corporations but shall be presented as a
single parcel of land at the time application for rezoning is made.
The application shall be jointly filed by all owners and, if approved,
shall be jointly binding on them. If required by the Planning Board,
this shall be confirmed by written agreement, in recordable form satisfactory
to the Town Attorney.
D.
Density; required affordable set-aside units; findings
by the Town Board; administration and control.
[Amended 8-12-2008 by L.L. No. 47-2008; 3-23-2021 by L.L. No. 11-2021]
(1)
Permitted density. The permitted density within an MFPRD District shall be no more than six units per acre for multifamily dwellings and one unit per 15,000 square feet for single-family dwellings, as noted in § 330-11, Table of Dimensional Requirements, and provided that the method of sewage treatment is approved by the Suffolk County Department of Health Services. An applicant or developer of an MFPRD District is not entitled to the maximum number of housing units described in § 330-11. The allowable increased density, including use of TDRs or PBCs, upon the calculated maximum number of housing units for the subject site, is at the sole discretion of the Town Board based upon evaluation of the proposed development plan's impacts and benefits on the particular hamlet in which the proposed development is to be located, and density incentives permitted to further certain community planning objectives as described in the Town of Southampton Comprehensive Plan.
(2)
Set-aside units for affordable housing. At least 20% of all units provided in the development shall be set aside in perpetuity pursuant to Ch. 216 of the Town Code.
(3)
Findings by the Town Board.
(a)
In determining whether to grant a zone change
to MFPRD District, the Town Board, in addition to its usual discretion
in considering a change of zone, shall also consider the need for
units for moderate-income families in the particular hamlet, the nature
and extent to which the applicant intends to provide such units, the
appropriateness of the site, environmental considerations, the proposed
development design to accommodate such an increased density, and any
potentially significant negative impacts to the school district or
other special assessment district in which the proposed development
is located. In addition, the Town Board shall find that the housing
development is consistent with the recommendations of the Comprehensive
Plan, will be beneficial, compatible and harmonious with the surrounding
land uses and will not have a significant adverse impact upon the
environment, the school district or upon other special assessment
districts in which the site is located.
(b)
The Town's Master Plan contemplates that additional
density may be achieved through the transfer of development rights
(TDRs) or Pine Barren Credits (PBCs), to the extent that there is
no substantial increase in the number of dwelling units or population
within the Town because development has been redirected in order to
channel growth and preserve more ecologically sensitive lands.
(c)
As a change of zone or amendment to the Zoning
Map is a discretionary act by the legislative body, the Town Board
may find that any development or redevelopment of the property is
best accommodated under its existing zoning or an alternative zoning
overlay district or zoning classification.
(4)
Administration and control of occupancy. Chapter 216 of the Town Code provides for the control and administration of occupancy of community housing opportunities for income-eligible households created pursuant to Article IV (Multifamily Planned Residential Development Districts) of Chapter 330, Zoning, of the Town Code of the Town of Southampton, including, but not limited to, requirements setting forth priority households for housing lotteries.
(5)
The total number of units on any site shall not exceed
six units per acre, unless TDRs and PBCs are permitted to be transferred
on a parcel by the Town Board, to the extent found reasonable and
appropriate pursuant to the Comprehensive Plan and standards provided
herein.
E.
Lot coverage. The maximum permitted building coverage
within an MFPRD District shall be 20%.
F.
Traffic access. Properties within an MFPRD District
shall have either direct frontage on a major or collector road as
shown on the Town Master Plan or safe and convenient access to such
a road without passing through a one-family residential neighborhood.
G.
Utilities and services.
(1)
Water supply and sewage disposal. Developments shall
be served by public water All necessary approvals shall be obtained
from the Suffolk County Department of Health Services for sewage disposal
and water supply. Adequacy of water supply for fire protection (e.g.,
fire flow) shall be determined by the Fire Department having jurisdiction.
(2)
Drainage. Stormwater drainage systems serving any
multifamily development shall be designed so that the rate of runoff
from the site during a one-hundred-year storm will not exceed that
which would have occurred prior to its construction. The calculation
of such runoff rate and the design of the drainage system shall be
subject to the approval of the Town Engineer.
(3)
Refuse storage and collection. Plans for the storage
and collection of refuse within any multifamily development shall
be subject to Planning Board approval. The outside storage of refuse,
if permitted, shall be in rodent-proof containers conveniently located
and enclosed or otherwise screened from view. Such facilities shall
comply with all setback requirements applicable to principal buildings.
(4)
Underground utilities. All utilities within any multifamily
development, including electric, telephone and cable television service,
shall be placed underground.
(5)
Fire protection. The site plans for multifamily development shall provide proper access for firefighting equipment and personnel and shall provide hydrants in such number and location and with such water flow as may be determined adequate and approved by the Planning Board, based upon the recommendations of the Town Engineer and the Fire Department having jurisdiction. In the interest of public safety, key boxes for emergency access are required in certain circumstances involving electronic security driveway gates within MFPRD site plans (e.g., gated community) and shall be in conformance with the requirements of the public safety agencies providing the primary fire protection and emergency medical services to the location. Compliance with the provisions of Chapter 330, Article XXX, Driveway Standards, is also required.
[Amended 7-28-2009 by L.L. No. 32-2009]
H.
Recreation and open space.
(1)
Recreation area. Except as provided below, each multifamily development shall include a recreation area which is designed, improved and maintained for the exclusive use of the residents of such development and their nonpaying guests. The recreation area shall contain at least 75 square feet of lot area per dwelling unit, but in no case less than 50 square feet per bedroom. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development and the anticipated occupancy of the units. Where the Planning Board determines that a suitable recreation area of adequate size cannot be properly located in any such development or is otherwise not practical, the Board may require as a condition of approval of any such site plan a payment to the Town of a sum which shall constitute a trust fund to be used by the Town exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. Such sum shall be determined in accordance with the provisions of § 292-35B of this Code.
(2)
Private outdoor space. Each individual multifamily
dwelling unit shall, if practicable, be provided with a private outdoor
space in the form of a patio, terrace, garden, courtyard, deck or
balcony, which space shall be immediately adjoining and directly accessible
to the dwelling unit which it serves.
(3)
Other open spaces. All portions of any multifamily
development which are not used for one or more of the purposes permitted
above shall be designed and maintained as permanent open space, either
to be landscaped or preserved in its natural state, all in accordance
with plans approved by the Planning Board.
J.
Minimum floor area. The development shall meet the minimum floor area requirement provided in § 330-105 of the Town Code.
K.
Covenants and restrictions. The Town Board and the
Planning Board shall have the right to require that the applicant
or owner to execute agreements and covenants as it may deem to be
required. Said agreements or covenants shall be recorded in the office
of the Suffolk County Clerk and constitute a covenant running with
the land. Such covenant or agreement may be modified or released only
as set forth in said covenant or agreement or by the Town Board.
L.
Architectural review. All construction shall be subject to the review of the Board of Architectural Review pursuant to Article XIX of this chapter, or its successor. Building prototypes and design shall reflect indigenous architecture and shall be built with consideration to the special character of Southampton as a rural and resort community. Particularly for large developments comprised of townhouses or detached single-family units, in choice of exterior finish, care shall be taken to avoid the appearance of a development in which all units appear exactly the same.
M.
Other requirements.
(1)
Individual unit access. In general, each individual
dwelling unit within any multifamily development shall have its own
separate entrance/exit leading directly to the outside. The Planning
Board may waive this requirement as a part of site plan approval where
said Board determines that the basic intent of this requirement in
terms of safety and the avoidance of common hallway areas can be met
through other elements of the building design.
(2)
Cable television. Cable television service shall be
provided in accordance with plans approved by the Planning Board.
Exterior antennas for individual multifamily buildings or dwelling
units shall not be permitted.
(3)
Storage. For the convenience of the residents of the
development, provision shall be made for general storage of bulky
items, such as trunks.
(4)
Basements, cellars, attics, and garages. No living
units shall be permitted in an attic, basement or cellar area. Garages
shall not be converted to habitable living space.
(5)
Universal design. To the extent practicable, the development
shall incorporate visitable design elements of universal design standards
to reduce problems meeting requirements for accessibility pursuant
to the Americans With Disabilities Act (ADA) and Fair Housing Act
(FHA). "Universal design" is a flexible, inclusive process aimed at
enabling all occupants access regardless of size, age, or abilities,
including but not limited to accessibility code compliance. The diverse
needs of the development's population should be accommodated in a
cost-effective yet dignified and pleasant manner assuring a convenient,
safe, and secure environment for all persons residing in such development,
whether active or physically challenged, youthful or elderly.
(a)
Due consideration shall be given in planning
walks, ramps, and driveways to prevent slipping or stumbling, and
handrails and ample places for rest shall be provided. Gradients of
walks shall not exceed 5% and single riser grade changes in walks
shall not be permitted, unless it is impractical to do so because
of terrain or unusual characteristics of the site. All outdoor areas
available to residents shall permit such residents to move about without
danger and with minimum effort.
(6)
Safeguards. No rental of any portion of the unit or
subletting of the unit itself shall be permitted. Appropriate safeguards
should be instituted to forestall seasonal rentals of any portion
of the units or the units in general, including the imposition of
covenants and restrictions binding upon all owners and occupants.
[Added 9-11-1984 by L.L. No. 17-1984; amended 5-13-1986 by L.L. No. 7-1986]
Nothing herein shall be construed as limiting the authority of the Town Board to establish an MFPRD District on its own motion. Where the Town Board proceeds on its own motion, the procedures for zoning approval for an MFPRD District shall be pursuant to § 330-185 in lieu of the procedures of this article. Where the Town Board establishes an MFPRD District on its own motion, final site plan approval and subdivision approval, if appropriate, shall be obtained from the Planning Board as required by this section.
[Added 6-9-1998 by L.L. No. 14-1998]
Where the Town Board has rezoned a parcel for MFPRD and the Planning Board has approved a site plan and/or subdivision pursuant to this article, the building permit fees provided in § 123-12 of the Building Construction Code of the Town of Southampton shall be waived for those dwelling units designated by the Planning Board as units for moderate-income families. Building permit fees may be required for all additions or modifications to the principal dwelling unit and for all accessory buildings and structures for said units for moderate-income families. There shall be no waiver of the of the building permit fees for those units not limited for moderate-income families.
