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HomeMy WebLinkAboutLL 2005 #01HEARING ON "A LOCAL SOUTHOLD TOWN BOARD PUBLIC HEARING January 18, 2005 8:10 P.M. LAW IN RELATION TO RESIDENTIAl, SITE PLAN REQUIREMENTS." Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of December, 2004 a Local Law entitled "A Local Law in relation to Residential Site Plan Requirements" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 18th of January, 2005 at 8:10 p.m. at which time all iuterested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Residential Site Plan Requirements" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Residential Site Plan Requirements". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the safety, health and xvelfare of the public, it is necessary and appropriate to enact standards and requirements for the Planning Board's review and approval of residential site plans, which will incorporate the direction adopted in the Town's comprehensive plmmine documents, includine the need for sound and sensible design standards, the need for affordable housin~ within the Town, the need for appropriate park and recreation areas, the prese~,ation of open space where feasible, and necessary and appropriate emergency access and transportation features. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: §100-259.1. Standards for Residential Site Plans. A. The Planning Board's review of the application and plans with respect to residential site plans shall include the following: January 18, 2005 Public Hearing Residential Site Plan 3. 4. 5. The requirement that the applicant attend a pre-submission conference, at xvhich time the applicant, the Plannin~ Board and planning staff shall discuss the salient design features of the application. At such conference, the applicant shall be provided with a copy of the then-existing design manual as adopted by the Plannin~ Board. Compliance with the applicable provisions of this chapter. Compliance, where applicable, with Town Law §274-a and General Municipal Law §239-m. Compliance with construction standards and specifications of the Town Highway Specifications, Chapter A- 108 of the Code of the Town of Southold. Compliance with the requirements of the Existin~ Resources and Site Analysis Plan(s) (ERSAP) and the allowable density of dwelling units as calculated using the yield plan criteria for standard subdivisions set forth in § § 106-11A and B.2 o f the Code o f the Town of Southold, Subdivision of Land. Compliance with the provisions of Article XI, Cluster Development, of Chapter A-106 of the Code of the Town of Southold, Subdivision of Land, as may be applied by the Planning Board in its discretion to residential site plans xvhere it determines that such cluster development shall benefit the Town and the natural and scenic qualities of open lands. Notwithstanding the requirements of that article or of §100-259.l.C herein, where the Plannin~ Board deems it to the benefit of the Town, the Planning Board may, in its discretion, approve the fulfillment of the park and playground requirement by the applicant's installation and maintenance of appropriate recreational facilities on open space areas created by such clustering. In determining what such facilities are appropriate, the Planning Board shall consider the number of residential units created, the proximity and nature of recreational facilities in the surroundin~ area, the needs of the future residents in the subject location and the factors enumerated in §A106-60.C. In doing so, the Planning Board shall establish conditions on the oxvnership, use and maintenance of such open lands as it deems necessary to assure the preservation of the natural, scenic, and/or recreational qualities of such open lands, including, without limitation, the granting and filing of restrictive easements in favor of the To~m of Southold, the imposition of covenants and restrictions, or the posting of a maintenance bond. The procedures set forth in Article X[, Subdivision of l~and, shall govern except as modified herein. To the extent that this provision may be construed to be in conflict with Town Law §278 regarding clustered development, Town Law §274-a regardine site plan reviexv, or Town kaw §§267, 267-a, 267-b or 267-c regarding the authority of the Zoning Board of Appeals, this provision supercedes and amends such sections insofar as they place any limitation on the Plannin~ Board's application of such clustered development to residential site plans or the requirement of the fulfillment of the park and recreation requirement. Design Considerations: (a) The location, arrangement, setbacks, size, design, and general site compatibility of buildings, structures, landscaping, lighting, and signs, in keeping with the character of the community; (b) The adequacy, safety and convenience of vehicular traffic access and circulation, includin~ driveways, ri~_,ht-of-xvays, curb cuts, intersections, pavement surfaces, traffic controls, and designated areas for access to public transportation; January 18, 2005 Public Hearing - Residential Site Plan 3 (c) The adeqnacy, safety and convenience of pedestrian and bicycle traffic and circulation, including sidexvalks, xvalkways, and pedestrian/vehicle conflict points; (d) The sufficiency, convenience and appearance of off-street parking and loading areas, including visitor and overflow parking, parking and storage for trailers, boats, and recreational vehicles, and the provision of alle,Bvays; (e) The provision of and adequacy of emergency lanes, exits, tap streets, other safety zones, and the provision of fire hydrants to promote the public safety; and (f) The proximity of recreational facilities and open space. Affordable Housing Requirement. Every new residential site plan involving the creation of five (5) or more dwelling units shall comply with the requirements of § 106-I 1B.2(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing. The requirements applicable to "lots" within "subdivisions" in that subsection shall apply equally to dwelling units in affected residential site plans. Park and Recreation Requirement. The provisions of § 106-60 of the Code of the Town of Southold, Subdivision of Land, pertainine to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved under this Chapter. Performance Bond Requirement. The provisions of Article IX, Performance Bonds and Other Security, and Article X, Required Public Improvements, Inspections~ Fees, of Chapter A-106, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to residential site plans approved under this chapter. Phased Development. The Plannin~ Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped phases until such time as development is permitted. Plmmin~ Board Authority to Vary Requirements for Setbacks, Building Length and Separation and Courts. The Plamfin~ Board shall have the authority to reduce or amend yard setback requirements for individual buildines in favor of a perimeter setback for entire groups of buildings, to require that setbacks from interior streets be varied, and to reduce or amend the requirements of §§ 100-233 and 234. In making these decisions, the Planning Board shall take into consideration the benefit to the applicant, as weighed aeainst the detriment to the health, safety and welfare of the neiv, hborhood or community. In makine such determination, the Plannin~ Board shall also consider (l) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the grantin~ of the amendment; (2) whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the sought variance; (3'} whether the variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. This provision supercedes and amends Nexv York State Town Law §§267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zonine Board of Appeals. January l 8, 2005 Public Hearing - Residential Site Plan 4 1II. SEVEILABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this laxv as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Laxv shall take effect immediately upon filing with the Secretary of State as provided by COUNCILMAN WICKHAM: The proposed local law reads as folloxvs and it is a rather lengthy description of the proposed local laxv for residential site plan. I would just like to summarize very briefly a couple of the key points. I am not going to read the whole thing, xvhich is rather lengthy. First of all, residential site plan is some~vhat similar to subdivision of properties, only whereas subdMsion means it is divided into the parcels that individual people own, residential site plan is where an owner continues to own the whole thing but he builds a number of different units on it. The one residential site plan that I think most of us know about already is Peconic Landing, there will be others in the Town of Southold, too. It has appeared as a legal in the Suffolk Times newspaper and it has appeared as a legal outside here. I have one memo from the Planning Board, which is dated January 18th and I xvill read briefly this one. "The Planning Board supports the proposed legislation because it will result in better site design in residential site plans. The new legislation will enable the Plamfing Board to implement the best of smart growth design guidelines, while also requiring the same degree of attention to envirotm~ental protection that is given during the subdivision design process. There are several outstanding issues that need resolution, including the following: Park and Recreation fee requires a fee for building unit. 2. It is not clear how the Park and Recreation option set forth in section Al06 would apply to site plans, where the developer proposes to offer land and'or facilities to the Town in lieu of payment of fee. 3. The Planning Board should be allowed to set the preliminary hearing for residential site plan in order to permit adequate notice to the surrounding neighborhood." .&nd Mr. Supervisor, it is my understanding that all three of those recommendations from the Planning Board have been worked into the draft that we have before us tonight. SUPERVISOR HORTON: That is correct. COUNCILMAN WICKHAM: That is all that I have. SUPERVISOR HORTON: You mentioned that it has been noticed. COUNCILMAN WICKHAM: It has been noticed out here and in the Suffolk Times. SUPERVISOR HORTON: Thank you very much, Councilman Wickham. I open the floor to the public to address the Board on this specific heating. Mrs. Egan. JOAN EGAN: Yes, good evening again. And Mr. Horton, I don't think I have to tell you but I think you should remind everybody on Board that you all get salaries up there to listen to us. We come here as our civic duty and we don't get brownie points from anyone for that. These proposals that you have here, how do they work out with regard to the moratorium? Which will expire on February 1tt, is there any problem in that regard? January 18, 2005 5 Public Heating - Residential Site Plan SUPERVISOR HORTON: No. MS. EGAN: No? SUPERVISOR HORTON: No. MS. EGAN: How come? SUPERVISOR HORTON: I don't, in reference to your question .... MS. EGAN: In other words, if you are going to be doing these things, can they be done while the, you would have to xvait until the moratorium date expires? SUPERVISOR HORTON: Well, this is simply legislation that's already on the books being changed. MS. EGAN: Yeah. SUPERVISOR HORTON: Being changed to, as the Planning Board and the Town Board sees fit that these changes will enhance projects that will come along in the future. MS. EGAN: Well I don't, still maybe I don't have it clear in my head, it is not that you .... SUPERVISOR HORTON: Are you asking can a residential site plan application be processed during the moratorium? MS. EGAN: Yeah. SUPERVISOR HORTON: The answer to that is no. MS. EGAN: Okay. Thank you. SUPERVISOR HORTON: Thank you, Mrs. Egan. Are there other comments from the public? Ms. Moore. PATRICIA MOORE: Good evening, thank you. I just want to state that xve are trying to implement site plan regulations by incorporating a subdivision regulation that has not yet been tested. The subdivision regulations that are on the books now, even during the moratorium phase, has brought up some problems along the way. And I would anticipate when the moratorium is lifted, that many of the true problems with the subdivision regulations will come before this Board and hopefully will be corrected over time but I think that you are going to face tremendous number of just difficulties in the implelnentation of the subdivision regulations. Just as a genetic statement that you should really ``york out the subdivision regulations before you incorporate them and apply them in another context. It just seems logical to me to do it that way. You have incorporated issues of affordable housing and the 25 percent percentage on site plans as ,,,,'ell, keeping in mind, obviously that site plans are usually dealing with multiple family developments that are apples and oranges to subdivisions. Most subdivisions you are dealing with are two to twenty acre maximum developments. Site plan development is generally January 18, 2005 6 Public Hearing - Residential Site Plan on a much larger scale and it is dealing with hamlet density and hamlet business zoning property. I think you are going to find some difficulties when you try to implement the regulations on these properties. Some issues when I am trying to advise clients as to what should we be designing, how do we design for this affordable component? One of the problems is that no one seems to know the size, the minimum size of the houses or the homes or the units, what amenities they might require, the formula in determining the sales price still has not been determined. So when you are dealing xvith trying to apply the genetic legislation to some of these developments, [ think it is very difficult because there is really nothing on the books yet. So xve are incorporating again, by reference something that doesn't exist yet. That is a problem in the subdivision regulations but over time it will get worked out. I think in the han~let density and the hamlet business zoning, there are projects that are ready to go and they have been stalled for two years during the moratorium, they are ready to go and most of them, that [ am aware of, my clients as well as others that [ am familiar with, have already implemented smart growth principles. They have already ttied to incorporate some of the ideas that you already suggested but once you put it into tiffs type of legislation, I think it is going to create some problems. Trying to follow the rules, you will adopt rules, people will follow those rules, but I am not sure you are going to like what you get. Whether, does it make for the best projects? One of the issues you talk about the phase development, keep in mind when you are dealing with a multi-family development, you may have infrastructure development that is mandatory. You have most of the time, condominiums, some kind of planned unit development, the Attorney General's office gets involved and all of the amenities have to be set forth in the offering statement. Most of the amenities, if not all of them, have to be built out. You are dealing with water and sanitary. Most of the projects are outside of the sewer district and you are going to be dealing with clu:omoblast systems. These infrastructure, water and sanitary, have to be built out before the first unit is ever put on the market. So you are going to develop a sanitary system for the maximum number of development units and to think that you can phase the project with no activity on part of the property is impossible, it can't be done because of the infrastructure. That is why I say that, in theory, when you apply the theory of the subdivision regulations, however they get applied, when you try to apply them to a multi-family development, I think you are going to have some problems. Everything still is up in the air right now. We have not tested any of our legislation, but to continue to add other projects on untested legislation, [just caution that I think you may end up with a problem in the end. And, [ thank you. SUPERVISOR HORTON: Thank you very much. Are there other comments from the floor in regard to this public heating? (No response) We will close the hearing. TOWN ATTORNEY FINNEGAN: [just want to make sure it's clear for the record. The changes that were made today after the Board reviewed the Planning Board reconmrendations, the first one was incorporated. The second one was a comment about how the park and recreation land was to be used... SUPERVISOR HORTON: Right. TOWN ATTORNEY FINNEGAN: The Planning Board says perhaps we can discuss it when ~ve do the park and recreation plan which the procedures I think then xvill be discussed. But the change that was made today when the Board discussed this was to allow the land from the clustered open space to be similar to what is in the subdivision, to not allow that land to be used for park and recreation, to satisfy the park and recreation requirement. So I just xvant to, that was not in the Planning Board, I just January 18, 2005 7 Public Hearing - Residential Site Plan want to make sure that that's clear because that 'aras a chm~ge that was made today and the Board discussed it and determined that that was not a substantial change to the legislation, it is similar to what was in the subdivision code. So, I just wanted to make sure that was clear. SUPERVISOR HORTON: Thank you very much. And xve will proceed xvith the resolutions. Elizabeth A. Neville Southold Town Clerk STATE OF NEW YOrK DEPARTMENT OF STATE 4 I STATE STREEt ALBANY, NY 12231-000I GEORGE e. PATAKI February 24, 2005 RANDY A. DANIELS Elizabeth A Neville South Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RE: Town of Southold, Local Law 1, 2005 filed on February 4, 2005 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 ELIZABETH A. NEVILLE TOWN CLERK REG[STI~R OF VITAL STATIST[CS MARRIAGE OFF[CER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax 1631~ 765-6145 Telephone 1631 ~ 765-1800 sout holdtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOVONG RESOLUTION NO. 74 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 15, 2005: RESOLVED, that the Town Board of the Toxvn of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to hire the firm of Cleary Consulting to conduct a review pursuant to the State Enviromnental Quality Revie~v Act (SEQRA) of the proposed Local Law entitled "A Local Law in relation to Residential Site Plan Requirements" at a cost not to exceed seven hundred and fifty dollars ($750.00). Elizabeth A. Neville Southold Town Clerk Local Law Filing NEW YORK STATE DEPARTSIENT OF STATE 41 STATE STREET~ ALBANY~ NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of SOUTHOLD LOCAL LAW NO. 1 of 2005 A Local Law entitled, "A Local Law in relation to Residential Site Plan Requirements". BE IT ENACTED by the Toxvn Board of the Town of Southold as folloxvs: I. Purpose - In order to provide for the safety, health and welfare of the public, it is necessary and appropriate to enact standards and requirements for the Planning Board's review and approval of residential site plans, which will incorporate the direction adopted in the Town's comprehensive planning documents, including the need for sound and sensible design standards, the need for affordable housing within the Town, the need for appropriate park and recreation areas, the preservation of open space where feasible, and necessary and appropriate emergency access and transportation features. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-259.1. Standards for Residential Site Plans. A. The Planning Board's review of the application and plans with respect to residential site plans shall include their compliance xvith the follo~ving: The requirement that the applicant attend a pre-submission conference, at xvhich time the applicant, the Planning Board and planning staff shall discuss the salient design features of the application. At such conference, the applicant shall be provided with a copy of the then-existing design manual as adopted by the Planning Board. 2. Compliance xvith the applicable provisions of this chapter. 3. Compliance, xvhere applicable, with Town Law §274-a and General Municipal Law §239-m. 4. Compliance xvith construction standards and specifications of the Town Higinvay Specifications, Chapter A-108 of the Code of the Town of Southold. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev. I 1'99) Compliance with the requirements of the Existing Resources and Site Analysis Plan(s) (ERSAP) and the allowable density of dwelling units as calculated using the yield plan criteria for standard subdivisions set forth in § § 106-11A and B.2 of the Code of the Town of Southold, Subdivision of Land. Compliance with the provisions of Article XI, Cluster Development, o f Chapter A-106 of the Code of the Town of Southold, Subdivision of Land, as may be applied by the Planning Board in its discretion to residential site plans where it determines that such cluster development shall benefit the Town and the natural and scenic qualities of open lands. In doing so, the Planning Board shall establish conditions on the ownership, use and maintenance of such open lands as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands and shall not permit the use of such lands for the fulfillment of the park and recreation requirement. The procedures set forth in Article XI, Subdivision of Land, shall govern except as modified herein. To the extent that this provision may be construed to be in conflict with To~vn Law {}278 regarding clustered development, Town Law §274-a regarding site plan review, or Town Law §§267, 267-a, 267-b or 267-c regarding the authority of the Zoning Board of Appeals, this provision supemedes and amends such sections insofar as they place any limitation on the Planning Board's application of such clustered development to residential site plans or the requirement of the fulfillment of the park and recreation requirement. Design Considerations: (a) The location, arrangement, setbacks, size, design, and general site compatibility of buildings, structures, landscaping, lighting, and signs, in keeping with the character of the commtmity; (b) The adequacy, safety and convenience of vehicular traffic access and circulation, including driveways, tight-of-ways, curb cuts, intersections, pavement surfaces, traffic controls, and designated areas for access to public transportation; (c) The adequacy, safety and convenience of pedestrian and bicycle traffic and circulation, including sidexvalks, walkways, and pedestrian/vehicle conflict points; (d) The sufficiency, convenience and appearance of off-street parking and loading areas, including visitor and overflow parking, parking and storage for trailers, boats, and recreational vehicles, and the provision of alleyways; (e) The provision of and adequacy of emergency lanes, exits, tap streets, other safety zones, and the provision of fire hydrants to promote the public safety; and (f) The proximity of recreational facilities and open space. Preliminary Hearing Requirement. Prior to and in addition to the public heating required by §100- 254H, the Planning Board shall hold a separate preliminary hearing on the application with notice provided pursuant to Chapter 58. Affordable Housing Requirement. Every new residential site plan involving the creation of five (5) or more dwelling traits shall comply xvith the requirements of § 106-11B.2(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing. The requirements applicable to "lots" within "subdivisions" in that subsection shall apply equally to dwelling units in affected residential site plans. Park and Recreation Requirement. The provisions of §106-60 of the Code of the Town of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved under this Chapter, except the fee per "lot" therein shall herein be applicable to each dwelling unit. 2 Performance Bond Requii~l~ent. The provisions of Article IX, Per~lSnance Bonds and Other Security, and Article X, Required Public Improvements, Inspections, Fees, of Chapter A-106, Subdivision of Land, of the Code of the To~vn of Southold, shall apply equally to residential site plans approved under this chapter. Pursuant to Municipal Home Rule Law § 10, § § 100-259. l.B, C and D herein supercede and amend New York State Town Law §274-a regarding site plan review to the extent that the Planning Board is empowered to impose Affordable Housing, Park and Recreation and Performance Bond Requirements in the Residential Site Plan review process. Phased Development. The Planning Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all cleating and site preparation on such undeveloped phases until such time as development is permitted. Planning Board Authority to Vary Requirements for Setbacks, Building Length and Separation and Courts. The Planning Board shall have the authority to reduce or amend yard setback requirements for individual buildings in favor of a perimeter setback for entire groups of buildings, to require that setbacks from interior streets be varied, and to reduce or amend the requirements of §§100-233 and 234. In making these decisions, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendment; (2) whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the sought variance; (3) whether the variance is substantial; (4) whether the proposed variance xvill have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. This provision supercedes aud amends New York State Town Law §§267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 3 (Complete the certification in the paragraph that applies to the f'ding of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify, that the local law annexed hereto, designated as local law No. I of 20 05 . of the 4C~q~O(W~)(Town) ~) of SOUTHOLD was duly passed by the TOWN BOARD on January 18 ,20 05 . in accordance with the applicable provisions ofla~v. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the (County)(City)(Towqa)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certif~ that the local law annexed hereto, designated as local law No. of 20__ of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(mpassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annnal) election held on 20__, in accordance xvith the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was f'ded requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village). of was duly passed by the on 20__ , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer ora county elected on a cotmty- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 4 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __., became operative. 6. (County local la~v concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I , above. Clerk of the o~ty legisr~ive'e'e'e'e'e'e'e'e'~tldy. ~2ii~/l~wn or Villag[Clerk or officer designated by local leg/slative b~dy Elizabeth A. Neville, Town Clerk (Seal} Date: __January 27, 2005 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of IocaliW.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local lal~ contains the correct te.,x~nd that all proper proceedings have been had or taken for the enactment of the local law da~exed hereto. ~Patricia A. Finne~a~b~vn Attornev Title Town of SOUTHOLD Date: January 27, 2005 5 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS NL~.RRIAGI~2 OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 36 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 18, 2005: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk Coullty, New York, on the 28th day of December, 2004 a Local Laxv entitled "A Local Law in relation to Residential Site Plan Requirements" and gVHEREAS the Toxvn Board of the Town of Southold held a public hearing on the aforesaid Local Law at all interested persons xvere heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. ~. 2005 A Local Law entitled, "A Local Law in relation to Residential Site Plan Requirements". BE IT ENACTED by the Toxvn Board of the Town of Southold as follows: I. Purpose - In order to provide for the safety, health and welfare of the public, it is necessary and appropriate to enact standards and requirements for the Planning Board's review and approval of residential site plans, which will incorporate the direction adopted in the Town's comprehensive planning documents, including the need for sound and sensible design standards, the need for affordable housing within the Town, the need for appropriate park and recreation areas, the preservation of open space where feasible, and necessary and appropriate emergency access and transportation features. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: §100-259. l. Standards for Residential Site Plans. The Planning Board's review of the application and plans with respect to residential site plans shall include their compliance with the follo~ving: The requirement that the applicant attend a pre-submission conference, at which time the applicant, the Planning Board and planning staff shall discuss the salient design features of the application. At such conference, the applicant shall be provided with a copy of the then-existing design manual as adopted by the Planning Board. 2. Compliance with the applicable provisions of this chapter. Compliance, where applicable, with Town Law §274-a and General Municipal Law §239-m. Compliance with construction standards and specifications of the Town Highway Specifications, Chapter Ao 108 of the Code of the Town of Southold. Compliance with the requirements of the Existing Resources and Site Analysis Plan(s) (ERSAP) and the allowable density of dwelling units as calculated using the yield plan criteria for standard subdivisions set forth in §§106-1 lA and B.2 of the Code of the Town of Southold, Subdivision of Land. Compliance xvith the provisions of Article XI, Cluster Development, of Chapter A- 106 of the Code of the Town of Southold, Subdivision of Land, as may be applied by the Planning Board in its discretion to residential site plans where it determines that such cluster development shall benefit the Town and the natural and scenic qualities of open lands. In doing so, the Planning Board shall establish conditions on the ownership, use and maintenance of such open lands as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands and shall not permit the use of such lands for the fulfillment of the park and recreation requirement. The procedures set forth in Article XI, Subdivision of I~and, shall govem except as modified herein. To the extent that this provision may be construed to be in conflict xvith Town Law §278 regarding clustered development, Town Laxv §274-a regarding site plan review, or Town La~v §§267, 267-a, 267-b or 267oc regarding the authority of the Zoning Board of Appeals, this provision supemedes and amends such sections insofar as they place any limitation on the Planning Board's application of such clustered development to residential site plans or the requirement of the fulfillment of the park and recreation requirement. Design Considerations: (a) The location, arrangement, setbacks, size, design, and general site compatibility of buildings, structures, landscaping, lighting, and signs, in keeping ~vith the character of the community; (b) (c) (d) (e) (f) The adequacy, safety and convenience of vehicular traffic access and circulation, including drivexvays, right-of-ways, curb cuts, intersections, pavement surfaces, traffic controls, and designated areas for access to public transportation; The adequacy, safety and convenience of pedestrian and bicycle traffic and circulation, including sidewalks, walkways, and pedestrian/vehicle conflict points; The sufficiency, convenience and appearance of off-street parking and loading areas, including visitor and overfloxv parking, parking and storage for trailers, boats, and recreational vehicles, and the provision of allev~vavs; The provision of and adequacy of emergency lanes, exits, tap streets, other safety zones, and the provision of fire hydrants to promote the public safety; and The proximity of recreational facilities and open space. Preliminary Hearing Requirement. Prior to and in addition to the public heating required by § 100-254H, the Planning Board shall hold a separate preliminary hearing on the application with notice provided pursuant to Chapter 58. Affordable Housing Requirement. Every new residential site plan involving the creation of five (5) or more dwelling units shall comply with the requirements of § 106- l 1B.2(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing. The requirements applicable to "lots" within "subdivisions" in that subsection shall apply equally to dwelling units in affected residential site plans. Park and Recreation Requirement. The provisions of § 106-60 of the Code of the Toxvn of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved under this Chapter, except the fee per "lot" therein shall herein be applicable to each dwelling unit. Performance Bond Requirement. The provisions of Article IX, Performance Bonds and Other Security, and Article X, Required Public Improvements, Inspections, Fees, of Chapter A- 106, Subdivision of Land, o f the Code of the Town of Southold, shall apply equally to residential site plans approved under this chapter. Pursuant to Municipal Home Rule Law §10, §§ 100-259.1.B, C and D herein supercede and amend New York State Town Law §274-a regarding site plan review to the extent that the Planning Board is empowered to impose Affordable Housing, Park and Recreation and Performance Bond Requirements in the Residential Site Plan review process. Phased Development. The Planning Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped phases until such time as development is permitted. Planning Board Authority to Vary Requirements for Setbacks, Building Length and Separation and Courts. The Planning Board shall have the authority to reduce or amend yard setback requirements for individual buildings in favor of a perimeter setback for entire groups of buildings, to require that setbacks from interior streets be varied, and to reduce or amend the requirements of §§100~233 and 234. In making these decisions, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and xvelfare of the neighborhood or community. In making such determination, the Planning Board shall also consider (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendment; (2) whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the sought variance; (3) whether the variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) xvhether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. This provision supercedes and amends New York State Town Law §§267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local La~v shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS ~L~,RRIAGE OFFICER RECORDS I~L~NAGEMENT OFFICER FREEDOM OF INFOP~L~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sour holdtown.nor t hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 22 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 18, 2005: WHEREAS, the Toxvn Board of the Town of Southold is conducting an uncoordiRated SEQR Review of an Unlisted Action involving the adoption of a local law amending Chapter 100 of the Code of the Town of Southold regarding residential site plan standards; and WHEREAS, the purpose of the proposed local law is to provide standards and requirements for the Planning Board's review and approval of residemial site plans, incorporating the direction adopted in the Town's comprehensive planning documents, including the need for sound and sensible design standards and the need for affordable housing within the Town. NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations, the Town Board of the Town of Southold hereby designates itself as the Lead Agency for the SEQR Reviexv of this Unlisted Action. BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Enviromnental Quality Review Act) of the Environmental Conservation Laxv, the Lead Agency has determined that the proposed Unlisted Action will not have a significant adverse effect on the environment for the reasons enumerated in the attached Negative Declaration Form. Elizabeth A. Neville Southold Town Clerk #7279 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 6th day of January ,2005 Principal Clerk Sworn to before me this (.(/ 2005 CHRISTINA VOLINSKI NOTAR~ PUBLiC-STATE OF NEW YORK NO. 01-VO6t 05050 Qualltled in Suffolk County Commission Expires February 28, 2008 day of '~m tlse~ bes been pp~*n~l to the Town B~ of ~e To~ of S~old, Suffo~ ~, New Yo~, ~ &e 28& ~y of ~, 2~ a ~ ~w ~d NOTICE IS ~BY ~R Town of ~u~old wffi ~[d a pubhc R~, Sou~old, N~w Y~, ~ ~ 18~ ~ J~, ~S at 8:10 p~. ~ which t~ ~ ~ ~ ~11 ~ given BE ~ ~AC~D ~ ~e Town follows: i100-259.1. Standards for A. The Plannin~ Board's review of (c) c - (d) ' v ' (e) ,/ ' and facilities and o~en smace. Code of the Town of Southold. The omvisions of !H06-60 of the Cede D.~ and Article X. Required Public vat, rice: (31 whether the vm~aace is amendm~.nt or variance. This orovisioq Town Law. ~267. 267-a. 2~i7-b ~.a HL SEVERABILITY be adjudged by any court of competent jurisdiction to be invalid, the judgment a whole or any pa~t thereof other than IT. EFFECTIVE DATE Daw& Febmazy 3, 2004 BY OR.DER OF THE TOWN BOARD Elizabeth Neville Town Clerk Town Board of the Town of Southold, Suffolk County, New York, on &e 28th day of December, 2004 a Local Law entilted ~ an oppo~m~'y to I~ heard. A t',~d L,sw entitled. "~ Loed ~w BE IT ENACTED by the Town mems~ Issindin~ ~b~nmd for sound m~d Town of SouthoM ;t IJf~bv amtsM~d si follows: 8100-259.1. Standards for Residential Site Pitons. provision ~ and amends such (a) ' - (¢) vi ' an~d D.~ Anneals. m. SEVERABILITY LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of December, 2004 a Local Law entitled "A Local Law in relation to Residential Site Plan Reqnirements" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 18th of January, 2005 at 8:10 p.m. at xvhich time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Residential Site Plan Requirements" reads as folloxvs: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Residential Site Plan Requirements". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the safety, health and welfare of the public, it is necessary and appropriate to enact standards and requirements for the Planning Board's reviexv and approval of residential site plans, which will incorporate the direction adopted in the Town's comprehensive planning documents, including the need for sound and sensible design standards, the need for affordable housing xvithin the Town, the need for appropriate park and recreation areas, the preservation of open space where feasible, and necessary and appropriate emergency access and transportation features. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: §100-259.1. Standards for Residential Site Plans. A. The Planning Board's review of the application and plans with respect to residential site plans shall include the following: The requirement that the applicant attend a pre-submission conference, at which time the applicant, the Planning Board and planning staff shall discuss the salient design features of the application. At such conference, the applicant shall be provided with a copy of the then-existing design manual as adopted by the Planning Board. Compliance with the applicable provisions of this chapter. Compliance, where applicable, with Toxvn Law §274-a and General Municipal Law §239-m. Compliance xvith construction standards and specifications of the Town Higinvay Specifications, Chapter A-108 of the Code of the Town of Southold. Compliance with the requirements of the Existing Resources and Site Analysis Plan(s) (ERSAP) and the allowable density of dwelling units as calculated using the yield plan criteria for standard subdivisions set forth in §§106-1 lA and B.2 of the Code of the Town of Southold, Subdivision of Land. Compliance with the provisions of Article XI, Cluster Development, of Chapter A-106 of the Code of the Town of Southold, Subdivision of Land, as may be applied by the Planning Board in its discretion to residential site plans where it determines that such cluster development shall benefit the Town and the natural and scenic qualities of open lands. Notwithstanding the requirements of that article or of § 100-259.1 .C herein, where the Planning Board deems it to the benefit of the Town, the Plannin~ Board may, in its discretion, approve the fulfillment of the park and playground requirement by the applicant's installation and maintenance of appropriate recreational facilities on open space areas created by such clustering. In determining what such facilities are appropriate, the Planning Board shall consider the number of residential units created, the proximity and nature of recreational facilities in the surrounding area, the needs of the future residents in the subject location and the factors enumerated in §A106- 60.C. In doin~ so, the Planning Board shall establish conditions on the ownership, use and maintenance of such open lands as it deems necessary to assure the preservation of the natural, scenic, and/or recreational qualities of such open lands, including, without limitation, the granting and filing of resthctive easements in favor of the Town of Southold, the imposition of covenants and restrictions, or the posting of a maintenance bond. The procedures set forth in Article XI, Subdivision of land, shall govern except as modified herein. To the extent that this provision may be construed to be in conflict xvith Toxvn Law §278 regarding clustered development, Town Law §274-a regarding site plan revie~v, or Town Law § §267, 267-a, 267-b or 267-c regarding the authority of the Zoning Board of Appeals, this provision supercedes and amends such sections insofar as they place any limitation on the Planning Board's application of such clustered development to residential site plans or the requirement of the fulfillment of the park and recreation requirement. Design Considerations: (a) The location, arrangement, setbacks, size, design, and general site compatibility of buildings, structures, landscaping, lighting, and signs, in keeping ~vith the character of the community; (b) The adequacy, safety and convenience of vehicular traffic access and circulation, including driveways, right-of-ways, curb cuts, intersections, pavement surfaces, traffic controls, and designated areas for access to public transportation; (c) The adequacy, safety and convenience of pedestrian and bicycle traffic and circulation, including sidewalks, walkways, and pedestrian/vehicle conflict points; (d) The sufficiency, convenience and appearance of off-street parking and loading areas, including visitor and overflow parking, parking and storage for trailers, boats, and recreational vehicles, and the provision of alleyways; (e) The provision of and adequacy of emergency lanes, exits, tap streets, other safety zones, and the provision of fire hydrants to promote the public safety; and (f) The proximity of recreational facilities and open space. Affordable Housing Requirement. Every new residential site plan involving the creation of five (5) or more dwelling units shall comply with the requirements of § 106-11B.2(c) of the Code of the Town o f Southold, Subdivision of Land, pertaining to the provision o f affordable housing. The requirements applicable to "lots" within "subdivisions" in that subsection shall apply equally to dwelling units in affected residential site plans. Park and Recreation Requirement. The provisions of § 106-60 of the Code of the Town of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved under this Chapter. Performance Bond Requirement. The provisions of Article IX, Performance Bonds and Other Security, and Article X, Required Public Improvements, Inspections, Fees, of Chapter A- 106, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to residential site plans approved under this chapter. Phased Development. The Planning Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped phases until such time as development is permitted. Planning Board Authority to Vary Requirements for Setbacks, Building Length and Separation and Courts. The Planning Board shall have the authority to reduce or amend yard setback requirements for individual buildings in favor of a perimeter setback for entire groups of buildings, to require that setbacks from interior streets be varied, and to reduce or amend the requirements of §{ 100-233 and 234. In making these decisions, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neiehborhood or community. In making such determination, the Planning Board shall also consider (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendment; (2) xvhether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the sought variance; (3) xvhether the variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. This provision supercedes and amends New York State Town Law §§267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: February 3, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JANUARY 6~ 2005~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Planning Building Town Clerk's Bulletin Board Town Board Members Town Attorney Zoning Board of Appeals STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~ day of ~ ,2005, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Toxvn of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARING TO BE HELD ON: 1/18/05~ 8:10 p.m. Lf~zabet~ A. I:q'evil]~r - Southold Town Clerk Sworn before [~.e this Oe, day of i,¥-~_ ,2005. LYNOA M BOHN liOTN~ FIJIAJ~ 8~te of New Yor~