[Added 9-11-2001]
A.
The Town Board may from time to time, on its own motion
or on application or on recommendation of the Planning Board, amend,
change, supplement or repeal the regulations, restrictions, district
boundaries and provisions of this chapter, including the Zoning Map,
after public notice and hearing.
B.
Such proposed amendment or change, whether initiated
by the Town Board or by application, may be referred to the Planning
Board for report thereon. The Town Board, by resolution adopted at
a stated meeting, shall fix the time and place of a public hearing
on the proposed amendment or change and cause notice to be given in
accordance with provisions of the Town Law.
A.
Application. An application requesting a change of
zone, modification of deed covenants and restrictions, or special
permit shall be addressed by the Town Board or Planning Board as specified
within the applicable use district. An application requesting a subdivision
or a site plan modification shall be addressed by the Planning Board
in conformance to the applicable laws and regulations of the State
of New York and the Code of the Town of Islip. Any of the above applications
shall contain all pertinent information deemed necessary by the Commissioner
of Planning and Development. This form shall be signed by each applicant
and property owner and shall be notarized.
[Amended 1-14-2003]
B.
Application requirements. The Commissioner of Planning
and Development shall have the authority to require whatever information
may be necessary to evaluate such a request. An application shall
not be considered complete, shall not be received, and shall not be
scheduled for any consideration of any Board until all of the application
submission requirements are met to the satisfaction of the Commissioner
of Planning and Development, or the Commissioner's designee.
[Amended 1-14-2003]
C.
Notification requirements.
(1)
A notice shall be sent, certified mail, return receipt
requested, to every property owner within a distance of 200 feet from
the perimeter of the subject property, at least 10 days prior to the
public hearing, and shall contain the following information:
(a)
The current zoning and the proposed change.
(b)
The location of the subject property.
(c)
The date, time, and location of the public hearing.
(d)
A statement that further information may be
obtained by visiting the Department of Planning and Development, located
at 655 Main Street, Islip, New York, or by calling (631)224-5450.
(2)
Posters not less than 11 inches by 22 inches in size
must be conspicuously posted along the entire length of each street
frontage of the subject property at least 10 days prior to the public
hearing date. One poster shall be posted every 200 feet. At least
three posters overall shall be posted. Such posters shall contain
the following information:
[Amended 3-14-2023]
(3)
Affidavit. The applicant shall be required to file
an affidavit of posting with the Planning Department that the above-mentioned
requirements have been completed.
(4)
Advertisement. The notice of the Public Hearing before
the Town Board or Planning Board shall be published by the Planning
Department and shall contain the following information:
(a)
The name of the applicant.
(b)
The proposed application.
(c)
The location of the subject property.
(d)
A statement that a public hearing on the proposed
application will be held at a specified time, date, and place.
(e)
A statement that any interested person will
be given the opportunity to be heard.
[Amended 3-14-2023]
Whenever the Town Board, on its own motion or upon recommendation of the Planning Board, may consider any change of use district classification, notice shall be given to the subject property owner(s) and surrounding property owners pursuant to § 68-32C(1). In the following enumerated cases, the notice required by this section shall not be required:
A.
In the event that the area of the proposed change
of zone represents 50% or more of the property contained within the
bounds of a school district within the Town of Islip.
B.
In the event that the area of the proposed change
of zone exceeds 50 acres, street and cross-street geographical location.
C.
In all other cases where the Town Board of the Town
of Islip shall determine that the notice required by this section
shall be dispensed with.
A.
The Town Board or Planning Board shall be empowered
to grant special permit applications in accordance with all state,
county, and local rules and regulations. The Town Board or Planning
Board shall have the authority to impose reasonable conditions and
restrictions in connection with the proposed special permit use in
order to mitigate any potential impacts and to ensure that the use
will not adversely affect the public's health, safety or general welfare.
B.
In reviewing special permit applications, the Town Board or Planning
Board may consider various factors, including but not limited to the
following; traffic impacts; adequacy of parking facilities; environmental
impacts; effect on neighboring properties; ability to buffer noise
and aesthetic impacts on residential uses; compliance with the comprehensive
plan; compatibility with the nature and character of the surrounding
area; architectural impacts to the surrounding area; and the overall
ability of the site to accommodate the proposed special permit use,
and any other consideration involving the public health, safety, and
welfare.
[Amended 12-17-2019; 3-14-2023]
[Amended 7-20-2021]
A.
Purpose. In order to achieve the goals of proper planning and to
provide for a unified, comprehensive review of zoning proposals in
a timely manner, it is necessary and appropriate to reserve to the
Town Board, Planning Board and the Zoning Board of Appeals the authority
to, when reasonable, consider waiving any requirements for the approval
of special permit or special exception applications for which the
respective board has jurisdiction.
B.
The Town Board, Planning Board and Zoning Board of Appeals shall
be authorized to waive any requirements for the approval of special
permits or special exceptions which the respective Board has the jurisdiction
to issue subject to compliance with all applicable provisions of Town
Law including, but not limited to § 274-b. Nothing herein
contained shall be construed to restrict the Board of Appeals from
exercising its authority pursuant to all applicable provisions of
Town Law in connection with all other applications before it.
C.
Any such waiver of requirements may only be made in the event that
the requirements are found not to be requisite in the interests of
public safety or general welfare or inappropriate to a particular
special use.
D.
A public hearing shall be required for all special permit or special
exception applications, which request a waiver.
E.
Notification and posting of property. Notification of surrounding
property owners and posting of the subject property shall be in compliance
with the standards required by the Commissioner of Planning and Development
and contained within the Islip Town Code.
A.
An application to the Town Board, Planning Board or
Board of Appeals may result in the imposition of conditions in the
form of deed covenants or stipulations. The owner or tenant shall
be obligated to maintain all improvements so required and to abide
by all conditions so imposed. This shall be a continuing obligation
unless modified by the governing board. The applicant shall also be
obligated to comply with any and all rules and regulations of the
Town of Islip, including, but not limited to, the Town Code and the
Subdivision and Land Development Regulations, as well as all applicable
federal, state and county rules and regulations. The owner or tenant
shall be obligated to maintain the subject parcel in a neat, clean,
litter-free condition. The owner or tenant shall be responsible for
adequate refuse collection to ensure compliance with this condition.
The Town or its designee reserves the right to enter onto the subject
property after 30 days' written notice sent certified mail, return
receipt requested, to the address of the current owner according to
Town of Islip assessment rolls, to remove litter, debris or maintain
or replace any fencing or plantings if found that the improvements
are not being maintained and shall bill the owner for any expense
incurred. All costs associated with the same shall be assessed to
the owner's next tax bill.
[Amended 7-12-2022]
B.
The failure to comply with any and all conditions shall be deemed a violation of this article, subject to the penalties provided in § 68-421. In addition, the Town Board, Planning Board or Zoning Board of Appeals reserves the right to rescind or revoke, in whole or in part, any and all approvals after due public hearing in the event violation of the above-referenced provisions occurs. Thereafter, the operation of the use previously authorized shall be terminated and there shall be no right to nonconformity. In the event the owner or applicant of an application before the Town Board, Planning Board or Zoning Board of Appeals fails to record the required declaration of deed covenants and restrictions within 180 days of the date of the grant, it will be presumed that the applicant objects to the conditions imposed and the governing board reserves the right to rescind any and all approvals and deny the application.
[Amended 12-17-2019]
C.
All covenants and restrictions shall be and constitute
real covenants running with the land and shall be binding upon the
declarant and any and all subsequent owners of the said real property
or any part thereof, and upon their heirs, executors, and administrators
(or their successors and assignees) subject, however, to the right
of the Town of Islip after a public hearing to amend, alter, annul
or repeal any or all of the foregoing covenants and/or restrictions
at any time with the consent of the owner or owners for the time being
of the premises therein described, and such right shall be effectual
and may be exercised without the consent of any adjacent owners or
other owners or lienors of any other property.
D.
All conditions shall be enforceable through all the
powers of the Town Attorney's Office and Division of Law Enforcement,
and the Town Board, Planning Board and Board of Appeals reserve the
right after due public hearing, to revert the subject parcel to its
former zoning classification or any intermediate zoning classification
and/or rescind the special permit or special exception issued, if
violation of the conditions persists.
E.
The improvement of the premises, in accordance with the determination
of the Town Board, Planning Board or Board of Appeals, must be completed
within 36 months after the date of grant. If not so commenced and
completed within this period, then, the governing board reserves the
right to revert the subject property to its former zoning classification
or any intermediate zoning classification, or the governing body reserves
the right to revoke any and all special permits or special exceptions
associated with the subject property after due public hearing. Thereafter
the operation of the use previously authorized shall be terminated
and there shall be no right to nonconformity. The governing board
may shorten this time frame in the event the application is made to
legalize an unauthorized use of the property.
[Amended 12-17-2019]
F.
Modification of covenants and restrictions/stipulations.
All applications seeking a modification of a condition in the form
of a covenant or stipulation shall require the review and approval
of the Board that imposed the conditions and shall be subject to a
public hearing. Notwithstanding the foregoing, requests for modification
of a condition in the form of a covenant or a stipulation originally
imposed by the Town Board may be heard by the Planning Board when
such request now falls within the jurisdiction of the Planning Board
or when the Planning Board is granted express authority by the Town
Board.
[Amended 7-12-2022]
G.
All change of zone, special permit, site plan modifications shall
expire within two years of the date of grant by either the Town Board
or Planning Board, unless a building permit (exclusive of demolition
permits) has been secured or the property lawfully used for the purpose
granted within 24 months, unless extended by the Commissioner of Planning
and Development, or the Commissioner's designee, and a fee is paid
equal to 50% of the current application fee, except as may otherwise
be provided herein. The Board issuing the approval may shorten this
time frame in the event the application is made to legalize a previously
unauthorized use of the property. The Board further reserves the right
to revoke said approvals associated with the subject property after
due public hearing if a building permit is not secured within the
required time frame.
[Amended 12-17-2019; 3-14-2023]
H.
Filing of covenants and restrictions. Whenever the Town Board, Planning
Board or Board of Appeals, as a condition for the granting of an application
for a change of use district classification or special permit, requires
a restrictive covenant to be imposed upon the subject property, such
restrictive covenant must be properly recorded in the office of the
County Clerk and proof of said recording must be provided to the Office
of the Town Clerk and Planning Board within 180 days of the date of
approval, except that the Board that approved the application may
extend the time for filing the restrictive covenant upon good cause
and upon written application. Failure to file said restrictive covenant
in accordance with the above shall render the granting of the change
ineffective, and null and void.
[Amended 12-17-2019]
Prior to the filing of an application, a fee
shall be paid to the Department of Planning at the time of the submission.
Said fee shall be determined by the Commissioner of Planning and Development
in a schedule of application fees.
[Amended 5-20-2003; 7-25-2017]
A.
No parcel
or part thereof may be the subject of an application for a change
of zone or special permit within two years after the Town Board or
Planning Board has held a public hearing or issued a final determination
on such application unless the second application seeks a change to
a more restrictive zoning category than was earlier sought or seeks
a less intensive special permit use, or such petition sought has the
unanimous consent of the governing board. This section shall not apply
to an application in which a motion to approve, deny or amend fails
to be carried by a majority of all the members of a governing board.
B.
An application
for a change of zone or special permit which is not approved by an
affirmative vote of a majority of all Town Board and/or Planning Board
members within 18 months of the initial public hearing shall be required
to hold a subsequent public hearing before said Board renders a decision.
This requirement shall not apply to applications which receive a positive
declaration under the State Environmental Quality Review Act.[1]
[Added 3-14-2023]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
