The Community Housing Floating Zone (CHFZ) is
hereby established as a floating zone with potential applicability
to any property in the Town of Shelter Island district except the
Near Shore and Peninsular Overlay District (also cited herein as the
"Near Shore District"). This zone is not proposed to be mapped at
the present time but may be mapped by the Town Board on qualifying
sites as part of separate legislative determinations at some future
date.
The CHFZ is created to facilitate community
housing that is more creative and imaginative in its land use and
design than is possible under the regulations currently in place with
due regard for existing neighborhood development, fiscal responsibility,
economic feasibility, and environmental concerns.
A.
The procedure for planning and zoning approval of
any future proposed CHFZ shall involve a preapplication review and,
if the proposal appears to have merit, an application review process
as follows:
(1)
Approval of a preliminary development concept plan
and the reclassification of a specific parcel or parcels of land for
development in accordance with that plan by the Town Board.
(2)
Approval of a final, detailed site plan, as well as
a subdivision plat, if appropriate, by the Town Planning Board.
B.
An applicant who has made an unsuccessful application
to the Town Zoning Board of Appeals and/or the Town Planning Board
is barred from submitting an application for the same project as a
CHFZ.
A.
The purposes of the required preapplication submission
are as follows:
(1)
To ensure that the applicant fully understands the
policies, standards and requirements of the Town of Shelter Island
as they relate to CHFZs.
(2)
To identify any potential major problems or conflicts
within the application before it is formally prepared for presentation
to the Town Board.
(3)
To provide the applicant with available information
on the current status of existing and planned services, facilities
and improvements that may relate to the proposed CHFZ.
(4)
To facilitate the early exchange of information between
review agencies and the applicant.
(5)
To understand the applicant's objective in seeking
to establish this CHFZ.
B.
The preapplication submission shall be made to the
Shelter Island Community Housing Board and shall include the following
information, in form and detail sufficient to enable reviewers to
understand and comment on the general nature and scope of the applicant's
proposal and to save the applicant time and expense in making its
proposal:
(1)
A written statement transmitting the preapplication
package and describing the basic concept of the proposed plan and
the general reasons why the applicant believes that approval of its
application would further the legislative intent, purposes and goals
of CHFZ zoning.
(2)
Indication of whether the proposed plan is for rental
units, sale units, or a mixture of the two.
(3)
A site plan indicating the square footage of each
lot and the existing and/or proposed locations of all structures,
walkways, driveways, parking areas, and landscaping features.
(4)
The total number of proposed units.
(5)
A description of each unit (number of stories, bedrooms,
bathrooms, etc.) and a floor plan with total square footage of each
unit and dimensions of each room.
(6)
A sketch of the proposed exterior for each structure
showing the front, rear and side elevations.
(7)
Septic system plan and well location. Include a description
of any preliminary discussions with the Suffolk County Department
of Health Services (SCDHS) with respect to well and septic permits
or any existing SCDHS permits.
(8)
Description of existing and/or proposed utilities,
including heat and electric, and required upgrades to existing utilities,
if any.
(9)
If a rental project, the proposed number of tenants
for each unit.
(10)
The financial parameters of the proposed project,
including:
(a)
Monthly rent or sale prices proposed for each
unit.
(b)
Sustainability provisions (how the affordability
of the units will be sustained over the long term).
(c)
Subsidies that will be obtained by the applicant.
(d)
Other funding sources to be used by the applicant,
i.e., investors, silent partners, etc.
(e)
A description of the assurances the applicant
will provide to the Town that it has, or has a reasonable expectation
of obtaining, sufficient financial resources to complete the project.
(11)
A list of the commitments the applicant is seeking
from the Town to make the project feasible, including any zoning incentives,
subsidies and/or financial incentives which will be sought by the
applicant in return for providing special public benefits, and any
proposals for changes in permitted uses.
(12)
Proposed schedule.
(13)
Any other supporting rationale or documentation
which would be of assistance to the reviewing body at this stage.
C.
Six copies of the required documents shall be submitted
to the CHB Clerk for forwarding to the CHB.
A.
The CHB shall schedule a review of the preapplication
submittal at a meeting to be held within 30 days from receipt of the
complete preapplication submittal. The CHB may invite representatives
from other Town bodies, such as the Building Department, as it deems
appropriate. The applicant or his duly authorized representative shall
attend this meeting.
B.
The primary purpose of the preapplication review shall
be to exchange information and ideas with the applicant regarding
the nature of the proposed project and its processing. It is not the
purpose of such review to indicate any approvals, either expressed
or implied, or to prejudge in any way the environmental and legislative
determinations which will ultimately result from formal Town Board
review and public hearing.
C.
Minutes of the preapplication review shall be provided
to the applicant and the Town Board within 15 business days of the
review. The Town Board shall also be provided with a complete copy
of the preapplication submission and the CHB's recommendation on the
application.
D.
In the event that the CHB advises the applicant to
make revisions to the proposed preapplication submission, the revised
proposal shall be submitted to the CHB prior to submission of the
formal application to the Town Board, and the CHB's recommendation
to the Board shall include the revisions.
A.
Within 60 days of submission of a complete preapplication
package, as determined by the CHB and its recommendation to the Town
Board, the applicant may submit a formal application to the Town Board
for CHFZ zoning and plan approval.
B.
The preliminary application and supporting material
for the proposed CHFZ constitute the material to be officially submitted
to the Town Board. They show the general design of the project to
the extent necessary for the Town Board to indicate to the applicant
whether the proposal is acceptable as a basis for the final detailed
application.
C.
The preliminary application shall be made to the Town
Board and shall include the following information:
(1)
The names and addresses of the property owner(s),
the applicant(s) [if other than the owner(s)], and of the architect,
engineer, surveyor and/or other professionals engaged to work on the
project. Where the applicant is not the owner of the property, written
authorization from the owner for the submission of the application
is required.
(2)
A written statement describing the nature of the proposed
project, including whether it is for sale and/or rental unit(s) and
how it is designed to serve the purposes of this chapter.
(3)
An analysis of the site's relationship to immediately
adjoining properties and the surrounding neighborhood, including 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 to
properly enable it to review and decide upon the application.
(4)
A preliminary development concept plan for the proposed
project, drawn to a convenient scale and including the following items
of information:
(a)
The area of the property in both acres and square
feet.
(b)
A map of existing terrain conditions, including
topography with a vertical contour interval of no more than five feet;
identification of soil types, including wetlands; existing wooded
areas and other significant vegetation; other existing natural features;
existing structures; and existing well and septic systems, if any.
(c)
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.
(d)
A preliminary site development plan indicating
the approximate location, height and design of all structures, the
arrangement of parking areas and access drives and the general nature
and location of other proposed site improvements, including landscaping
and screening, location of proposed well and septic systems, and any
other information required by the Town Board.
(e)
Well and septic permit from the Suffolk County
Department of Health Services (SCDHS) or a description of the applicant's
plan for obtaining such approval.
(f)
A proposed schedule for staging and completing
the project.
(g)
A written update to any of the other information
submitted with the preapplication information.
D.
Ten copies of the required documents shall be submitted
to the Town Clerk for forwarding to the Town Board.
A.
On receipt of a properly completed application for
the establishment of a new CHFZ, six copies of such application shall
be referred to the Planning Board for review and report.
B.
The Planning Board shall report its recommendations
back to the Town Board within 45 days of the date of the Planning
Board meeting at which such referral is received.
C.
No action shall be taken by the Town Board until receipt
of the Planning Board report or the expiration of the Planning Board
review period, whichever comes first. Said review period may be extended
by mutual consent of the Planning Board and the applicant.
D.
The Planning Board may recommend either approval of
the proposed application, approval with modifications, or disapproval.
In the event of a recommendation for disapproval, the Planning Board
shall state in its report the reasons therefor. In preparing its report
and recommendations, the Planning Board shall take into consideration
special and supplementary reports and reports prepared by the Town
in compliance with SEQRA; the existing nature and arrangement of land
uses in the area; the relationship of the proposed design and location
of buildings on the site; the likelihood of SCDHS approval for a well
and septic permit; traffic circulation both on and off the site; 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 chapter and the Town Code.
A.
No more than 30 days after completion of SEQRA review
and the date of Town Board receipt of the Planning Board's report
and recommendation or the expiration of the Planning Board review
period, whichever occurs first, the Town Board shall fix a time and
place for a public hearing on the application and shall provide for
giving notice of same by publishing a notice in the official newspaper
at least 10 days prior to the hearing.
B.
In addition, at least 10 days prior to the hearing,
the applicant shall mail notice of the time, date, place and nature
of the hearing to owners of record of every property which abuts and
every property which is within 200 feet of the property involved in
the application. Such notice shall be made by certified mail and addressed
to the owners at the addresses listed for them on the local assessment
roll. On or before the commencement of the public hearing, the applicant
shall file an affidavit with postal receipts annexed thereto confirming
mailing of said notices.
For every such application for establishment
of a CHFZ on which the Town Board may act, such Board shall give approval
only upon making determinations based on the following criteria:
A.
General suitability:
(1)
That the proposed application will encourage appropriate
use of the land in accordance with the general purposes, intent and
spirit of this chapter and not be detrimental to surrounding property
values.
(2)
That the safety, health, welfare, or the order of
the Town will not be adversely affected by the proposed use and its
location.
C.
Environmental concerns:
(1)
That the proposed application meets the requirements
of the Suffolk County Department of Health Services (SCDHS) for water
supply and sanitary treatment.
(2)
That the proposed application will not have a negative
impact on groundwater, traffic, public services, and other issues
considered pursuant to SEQRA.
D.
Site development:
(1)
That the proposed application addresses traffic issues
by providing off street parking for all residents.
(2)
That where flag lots are proposed, an access roadway
of sufficient width to provide for emergency services vehicles is
provided.
(3)
That proposed landscaping provides natural plantings
that are attractive, provide privacy, and are compatible with the
adjacent area and terrain.
The Town Board action requires a super-majority
vote either to approve, approve with modifications or disapprove the
preliminary development concept plan and the establishment of the
Community Housing Floating Zone. The approval may include waiver of
zoning setbacks as deemed appropriate by the Town Board. Approval
or approval with modifications is required for and shall be deemed
to authorize the applicant to proceed with the detailed design of
the proposed project in accordance with such concept plan and the
subsequent procedures and requirements of this chapter. It also authorizes
the applicant to submit applications to the Planning Board for subdivision,
as appropriate. 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.
A.
The final application and supporting material for the proposed CHFZ constitute the complete submission of the CHFZ proposal and include the recommendations resulting from Planning Board review of the preliminary application and public hearing held thereon, as well as a review of the detailed layout drawings. The Town Board may waive a public hearing on the final application when the final application substantially conforms to an approved preliminary application on which a public hearing has been held. After final approval by the Town Board, this complete submission becomes the basis for the construction of the project. If a subdivision is involved, the requirements of Chapter 111, Article VI of the Town Code must be complied with.
B.
The final application shall be made to the Town Board
and shall include the application for final approval and SCDHS permits
and final site plan and other required approvals. Any resolution of
approval or conditional approval issued by the Town Board shall be
made subject to the applicant obtaining all other necessary approvals,
licenses and/or permits as may be required from other governmental
agencies having jurisdiction thereof. As a condition of approval,
each applicant shall be required to file appropriate legal documentation,
as the Town Board determines necessary, to provide for and ensure
the continued proper future maintenance, use and ownership responsibility
for all land and facilities with the CHFZ. Such documentation shall
be acceptable to the Town Board in form and substance.
C.
Where the Town Board has rezoned a parcel for a Community
Housing Floating Zone and the Planning Board has approved a site plan
and/or subdivision pursuant to this chapter, the building permit fees
shall be waived for those dwelling units designated by the Town Board
as community housing units.
D.
Approval of the establishment of a CHFZ shall expire
12 months after the date of the Town Board preliminary approval if
the applicant has not applied for and received final site development
plan approval and final subdivision plat approval, if appropriate,
in accordance with the subsequent requirements of this chapter, and
unless work on the site is begun within 18 months of Town Board approval
and is being prosecuted to completion with reasonable diligence. The
Town Board, upon request of the applicant, may extend both of the
above time periods for two additional periods of not more than six
months each. In the event of expiration of CHFZ approval, the district
shall automatically be removed from the subject property and such
property shall revert to its prior zoning classification. The Town
Clerk shall amend the official copy of the Zoning Map accordingly.
