Town of Islip, NY Article LV Use District Regulations: Pilgrim State Planned Redevelopment District

[Added 7-18-2017 by L.L. No. 3]

§ 68-729 Legislative intent.

A. The primary intent of the Pilgrim State Planned Redevelopment District (PSPRD) is to allow for a mixed-use, smart growth redevelopment of approximately 452 acres, which were formerly part of the Pilgrim State Psychiatric Center, pursuant to 1) a Master Plan, Development Unit 1-4 and Gateway Area Building Stories, Street Type and Open Space Regulatory Plans; Subdistrict Specifications (hereinafter collectively designated the "Master Plan"), 2) the provisions of this article and the Regulating Plans included in this article, and 3) Design Guidelines for the PSPRD. The aforesaid Master Plan and Design Guidelines are annexed to this article[1] and indicate, among other things, the general locations of proposed subdistricts of the PSPRD, representative types and general locations of land uses in the proposed subdistricts of the PSPRD, and the general scale, sequencing, and intensity of development within each subdistrict of the PSPRD.

[1] Editor's Note: The Master Plan and the Design Guidelines are included in the online version of the Code of the Town of Islip (eCode360®). Said documents are also on file in the Town offices.

B. The PSPRD is intended primarily to foster smart growth redevelopment of abandoned and/or disused portions of a state psychiatric hospital site which are now privately owned. The PSPRD is designed to allow for creation of a new, efficiently designed, transit-oriented and served multi-use community that includes residential facilities and retail and employment opportunities for residents and nonresidents of the community, and that also minimizes adverse effects on the Town. The smart growth approach to community development, which facilitates community interaction, interdependence, and neighborhood spirit, encourages owners and occupants in the community to continually reinvest socially and materially in the community, thereby promoting the economic viability of the community.

C. The PSPRD is designed to result in a community of interconnected streets, laid out according to the aforesaid Master Plan (as it may have been amended) and the Regulating Plans included in this article, which will allow for continuing flexibility in adapting to changing market conditions during the anticipated long-term implementation of the PSPRD development. The said community is designed to be socially and economically interconnected and to be pedestrian-friendly. Moreover, the layout of roadways, public spaces, and uses in the community, as well as the intended development of shared parking facilities and the use of traffic management programs, including shuttle buses for short trips to a nearby commuter rail station, will reduce the community's dependence on automobiles and will, thereby, minimize potential traffic impacts from the new community.

D. Upon its initial adoption, the Town Board will limit the PSPRD to Phase 1 of Development Unit 1A constituting 113 acres as depicted on the Overall Phasing Diagram contained within Page 3 of the Appendix herein. Specifically, the proposed parcels included in Phase 1 of Development Unit 1A are contained on Page 7 of the Master Plan entitled "Proposed Development Tabulation" and includes all of Development Unit 1A with the exception of proposed parcels DU1A-10, DU1A-13, DU1A-19, DU1A-20, DU1A-21 and DU1A-22.

E. The initial development of the Town Center in Development Unit 1A will give the project an identity and sense of place that will anchor any subsequent phases of development. Given the extensive timeframe needed to complete Phase 1 of Development Unit 1A, the adoption of the PSPRD as set forth herein will provide the opportunity to make adjustments in response to conditions or circumstances which may arise requiring attention as the development progresses. References made to any other phase of development or any other development unit other than Phase 1 of Development Unit 1A within this article or any appendices thereof shall not be deemed an approval upon the adoption of this PSPRD. Any development beyond Phase 1 of Development Unit 1A will require amendments to this article, its appendices and further Town Board approval.

F. This article is enacted pursuant to Statute of Local Governments § 10(6) and Municipal Home Rule Law §§ 10(1)(ii)(a)(14), 10(1)(ii)(d)(3), and 10(2), and is intended to and shall supersede Town Law § 261-b (relating to incentive zoning), Town Law § 261-c (relating to planned unit development zoning districts), Town Law § 262 (relating to zoning districts), Town Law §§ 263 and 272-a (relating to comprehensive plans and zoning purposes), Town Law § 269 (relating to zoning law conflicts), Town Law §§ 270 and 273 (relating to official maps and changes thereto), Town Law § 274-a (relating to site plan review and approval), Town Law § 274-b (relating to special use permits), Town Law §§ 276, 277, 278, and 279 (relating to subdivisions), and § 280-a (relating to permits for buildings not on improved mapped streets) to the extent that this article is inconsistent with such statutory provisions.

G. The provisions of the text, regulating plans, and other diagrams of this article shall prevail over any inconsistent provisions of the Master Plan and Design Guidelines annexed to this article.

§ 68-730 Lands included.

The PSPRD shall include Phase 1 of Development Unit 1A constituting 113 acres as depicted on the Overall Phasing Diagram contained within Pages 5 and 6 of the Appendix herein and which constitutes p/o SCTM 0500-071.00-01.00-010.008.

§ 68-731 General provisions.

A. Development in the PSPRD shall be in accordance with the Master Plan described in § 68-729, above (as it may have been amended), the provisions of this article and Regulating Plans included in this article, and the Design Guidelines annexed to this article, except to the extent that the provisions of such Master Plan or Design Guidelines are inconsistent with the text, Regulating Plans, and other diagrams of this article.

B. The provisions of this article shall supplant, supersede, and prevail over any other chapters, articles, and provisions of the Code of the Town of Islip and the Town of Islip Subdivision and Land Development Regulations pertaining to public street pavement cross sections and streetlighting that 1) are inconsistent or in conflict with the aforesaid Master Plan (as it may have been amended), this article, and/or the standards and procedures set forth herein, or 2) establish or impose regulations, requirements, prohibitions, standards, parameters, and/or procedures that are different from, or would be (if not supplanted and superseded, as set forth herein) in addition to, those regulations, requirements, prohibitions, standards, parameters, and/or procedures set forth in the aforesaid Master Plan and this article.

C. Except as specifically provided in this article, the provisions of Chapter 11 (Conservation of Energy) of the Code of the Town of Islip and the Town of Islip Subdivision and Land Development Regulations pertaining to public street pavement cross sections and streetlighting; Articles I (General Provisions), XXIX (Signs), XXX (Sight Obstructions, Fences and Walls), XXXI (Minimum Site Improvements; Minimum Development Standards for Property), XXXII (Arterial Highway Setbacks) and LII (Exterior Lighting Standards) of Chapter 68 (Zoning) of the Code of the Town of Islip; §§ 68-5, 68-6, 68-30.1, 68-30.3, 68-420.7, and 68-420.8 of Chapter 68 (Zoning) of the Code of the Town of Islip, the Schedule of Sign Regulations and Guidelines for Exterior Lighting set forth at the end of Chapter 68 (Zoning) of the Code of the Town of Islip; and the Town of Islip Subdivision and Land Development Regulations pertaining to public street pavement cross sections and streetlighting shall have no application, force, or effect within the PSPRD.

§ 68-732 Definitions.

A. As used in the Master Plan described in § 68-729 above, this article, and the Regulating Plans and other diagrams included in this article, the following terms shall have the following meanings.

B. The definitions enumerated in the Town of Islip Zoning and Subdivision Chapters shall apply unless defined below.

BOUNDARY A

The property line of the lands described in § 68-730, above, that is described as follows: Beginning at a concrete monument with cap situated on the Corporate Boundary between the Town of Islip, on the east, and the Town of Hempstead, on the west, where the said Corporate Boundary intersects the southwesterly line of property now or formerly owned by the Long Island Expressway NYSDOT (Park & Ride), and running thence South 00 degrees 25 minutes 42 seconds West, along the said Corporate Boundary, a distance of 2,899.79 feet to another concrete monument with cap.

BUILD-TO FRONTAGE

The percentage of the width of a frontage in which the ground floor facades of principal buildings must be located within a designated build-to zone.

BUILD-TO ZONE

The range of distances, as measured from the street right-of-way boundary, within which the ground floor facades of principal buildings must be located along frontages. Exception: Where there is open space between the street right-of-way boundary and a building, the build-to zone shall be measured from the inner line, i.e., the line opposite and farthest from the street right-of-way boundary, of such open space.

CIVIC SPACE

Property for community facilities which accommodates a community need, including, but not limited to, post office, library, police substation, fire substation, and ambulance substation.

CLASS A OFFICE SPACE

Office space within buildings of distinctive architecture and the highest quality workmanship and materials throughout. The frame will be reinforced concrete or heavy fireproof steel. Marble or terrazzo floors in public areas, bronze elevator doors, and expensive lighting fixtures are utilized. The buildings may have special features, such as an elaborate entrance, grand staircase, etc.

FRONTAGE

The side of a tract of land included in a site plan application that abuts a street right-of-way. The width of such frontage shall be defined by any two adjacent street right-of-way lines or lot lines.

GROSS FLOOR AREA

The total floor area including all levels or stories of a structure as measured from the exterior faces of the walls.

(1) Gross floor area shall include but not be limited to:

(a) Primary buildings/structures.

(b) Accessory buildings/structures, except as described below.

(c) Mezzanines.

(d) All ground-level covered or enclosed porches, patios and decks, except those exempted below.

(e) Area under a gable, hip, gambrel or similar-type roof where there exists a floor-to-ceiling height of four feet six inches.

(f) Cellars and basements habitable or occupied.

(2) The following structures shall not contribute towards gross floor area:

(a) Nonhabitable or unoccupied basements and cellars used for mechanical space, storage, or parking.

(b) Decks, provided that they are accessory to a permitted principle use and are not roofed over, covered, or enclosed.

(c) Covered, unenclosed residential porches located in any portion of a front yard and which do not extend more than six feet from the front wall of the dwelling.

(d) Any decorative or cantilevered architectural element protruding from any structure when not contributing more than 25% of the facial area of the wall of said building.

(e) Cloth or similar fabric awnings attached to buildings for decorative purposes and which do not contain any signage or wording. Said awnings shall not expand the functional floor area of any use, including but not limited to public assembly, inventory storage, or shielding or screening of HVAC equipment.

(f) Enclosures designed to conceal rooftop wireless communication facilities, provided that enclosure does not serve any other purpose or use.

(g) Cornices, eaves, gutters, chimneys, bay windows, and fireplaces which extend no more than 48 inches from the exterior walls of a building.

LIVE/WORK UNIT

A single unit consisting of a home office, home-based business, or a home-based art/craft studio that is connected internally to a dwelling unit.

MASTER PLAN

The Master Plan is defined as the Development Unit 1 Building Stories, Street Type and Open Space Regulatory Plans; Subdistrict Specifications, and Development Tabulations (as shown in Appendix[1]).

OPEN SPACE

Area or horizontal space, including, but not limited to, buffer-setback areas, recreation areas (passive or active), plazas, courtyards, and rooftop open space areas, that is open to and unobstructed from the sky, except for canopies or other approved structures providing protection or shelter from sun or weather, and is accessible to and usable by persons occupying or using the lot, building, or structure that contains such space. Area developed as parks, bioswales and stormwater detention basins shall not be included in open space requirements.

PARK

An area of land publicly dedicated or owned by a homeowner association in perpetuity for the enjoyment of the public, having facilities for rest and recreation and containing natural vegetative and/or landscaped features.

PAVEMENT

The motor vehicle travel, parking lanes and on-road bike lanes of a private access or dedicated public street.

ROADWAY

The total width of a private access or dedicated street inclusive of motor vehicle travel and parking lanes, off-road bike lanes and pedestrian sidewalks.

STORY

That portion of a building included between the upper surface of a floor and the upper surface of the floor next above. For the top story of a building, the story shall be measured from the upper surface of the highest floor to the interior surface of the roof at the peak. If the interior height of the top story exceeds four feet six inches, then it shall be considered as a story on submitted plans. Mezzanines shall be defined and regulated under the New York State Building Code and the provisions of the ordinance.

[1] Editor's Note: The Appendix is included in the online version of the Code of the Town of Islip (eCode360®). Said document is also on file in the Town offices.

§ 68-733 Designation of PSPRD subdistricts.

The subdistricts of the PSPRD, as specified and depicted in the aforesaid Master Plan for the PSPRD and in the Regulating Plans included in this article, are as follows:

A. Town Center (Development Unit 1 or DU1): a mixed-use subdistrict that is intended to be developed with a range of compatible land uses, including retail, housing, hotel/lodging, office, in-home office, entertainment, and cultural uses. The objective of this subdistrict is to allow for creation of a pedestrian-friendly infrastructure that encourages street life, business activity, and a self-policing environment incorporating distinctive people places which function as the focus for community life, special events, celebrations, and festivals.

§ 68-734 Regulating Plans.

The following Regulating Plans designate the aforesaid PSPRD subdistricts, the building stories limitations for each PSPRD subdistrict, the hypothetical street types for each PSPRD subdistrict, and the open spaces/buffers for each PSPRD subdistrict.

A. Designation of Subdistricts (development units). The Pilgrim State Planned Redevelopment District (PSPRD), upon adoption of this article, is approximately 113 (+/-) acres.

(1) DU1 will be the commercial heart of the community and is planned for a variety of retail and commercial options, as well as housing. It is located to the west of the Sagtikos Parkway and is connected by a central organizing element, a circular boulevard.

B. Building stories.

Legend
	Low-rise buildings (1-6 stories; 80 feet maximum)
	Potential mid-rise tower (7-10 stories)

Note 1: Locations and maximum heights of specific buildings will be determined during site plan.

Note 2: Residential buildings that abut the 130-foot buffer – setback area along Boundary A shall not exceed three stories or 50 feet in height.

C. Street type.

Legend
	Street Type	Pavement
—	Type A	60 feet
	Type B	40 feet
	Type C	30 feet
	Type D	24 feet
	Type E	24 feet

Note: Locations of street types shown for illustrative purposes and subject to change. See street type sections for more detailed information.

D. Open space areas.

E. Subdistrict specifications; building alignment and frontage coverage in DU1.

F. Town Center (Development Unit 1 or DU1): a mixed use subdistrict that is intended to be developed with a range of compatible land uses, including retail, housing, hotel/lodging, office, in-home office, entertainment, and cultural uses. The objective of this subdistrict is to allow for creation of a pedestrian-friendly infrastructure that encourages street life, business activity, and a self-policing environment incorporating distinctive people places, which function as the focus for community life, special events, celebrations, and festivals.

(1) Use.

Residential	Permitted at all levels
Commercial	Permitted at all levels
Office	Permitted at all levels

(2) Building configuration. (See Building Stories Plan for height limits.)

Maximum height, feet	See Building Stories Plan
Maximum height, stories	See Building Stories Plan
Minimum height, stories	No minimum

(3) Alignment, principal buildings.

Build-to zone	0 feet - 20 feet
Build-to frontage	60%

(4) Streetscape. (Note: 50% of the distance between street trees shall be improved with in-ground plantings, planters, street furniture, or other structures.)

Street trees

60 feet – O.C.

(5) Parking structures within Development Unit 1 shall be screened/wrapped within commercial/residential uses to provide a meaningful street wall.

Note: Photographs are for illustrative purposes.

§ 68-735 PSPRD use regulations.

A. Any building, structure, or land in the PSPRD may be used for 1) any one or more of the permitted uses, accessory uses, special permit, and special exception uses allowed in any zoning district of the Town of Islip as of the date of adoption of this article, without need for compliance with the criteria set forth for special permit or special exception uses, except with regard to retail fuel service stations, which are permitted subject to the provisions of Article XXVII of Chapter 68 (Zoning) of the Code of the Town of Islip, and except as specified in Subsection B, below, and 2) live/work units, as defined in this article.

B. The following uses are specifically prohibited in the PSPRD:

(1) Adult uses of any kind, as defined in § 68-341.1B of this chapter.

(2) Check-cashing, money-wiring, and/or money-transfer activities, except in federally or New York State-chartered banks or as payment for goods or services.

(3) Pawn shops and pawn brokerages.

(4) Psychiatric, behavioral, and alcohol or substance abuse clinics.

(5) Airports.

(6) Lumberyard or building materials establishments.

(7) Commercial boat storage, indoor or outdoor.

(8) Commercial shipyard or boat repair.

(9) Ferry terminals, slips, landings, or facilities.

(10) Marinas or marina wharfs.

(11) Transfer stations/recycling centers.

(12) Printing plants.

(13) Mini storage warehouses.

(14) Sale, lease, or rental of heavy construction vehicles, emergency vehicles, unattached trailers, and related equipment.

(15) Outside parking of unattached box trailers.

(16) Flour or feed mills.

(17) Gas manufacture from coal, coke, or petroleum.

(18) Railway roundhouses or shops.

(19) Commercial poultry, sheep, goat, fox, mink, chinchilla, and rabbit farms.

(20) Production, processing, extraction, or permanent storage of radioactive materials.

(21) All uses expressly prohibited in the Industrial 2 District, except for the following uses, which shall be permitted:

(a) One and two-family dwellings.

(b) Apartment houses.

(c) Garden apartments.

(d) Hotels, motels, boardinghouses, and lodging houses.

(e) Nursing, convalescent, and rest homes.

(f) Hospitals and sanitariums.

(g) Retail stores and groups of stores.

(h) Personal service establishments.

(i) Professional buildings.

(j) Banks.

(k) Medical centers or health clinics (other than psychiatric, behavioral, and alcohol or substance abuse clinics, which are prohibited).

(l) Philanthropic institutions.

(m) Mortuary or undertaking parlors.

(n) Game rooms.

(o) Billiard halls.

(p) Restaurants, fast-food.

(q) Farmer's markets.

(r) Motor vehicle dealerships, except that no such use shall include outdoor storage of motor vehicles.

(s) Community or regional theaters.

(t) Community buildings.

(u) Assembly and social recreation halls.

(v) Dance halls.

(w) Motorcycle dealerships.

(x) Mixed-use buildings.

C. Uses permitted by special permit of the Planning Board.

(1) Retail fuel service stations and vehicle repair shops, subject to compliance with the following criteria:

(a) A parking relaxation of no greater than 20%;

(b) A landscaping relaxation of no greater than 20%;

(c) Approval will not result in any on- or off-site traffic impacts, as determined by the Planning Board; and

(d) The use is consistent with the spirit and intent of the Town Code and the PSPRD Master Plan (as it may have been amended).

§ 68-736 Number of uses.

Any building or parcel within the PSPRD may contain any number of uses, as permitted by this article.

§ 68-737 Maximum development.

Development within the PSPRD shall not exceed the following amounts within the Town Center (Development Unit 1):

A. Office: 626,000 square feet.

B. Retail: 560,000 square feet.

C. Civic: 215,500 square feet.

D. Residential: 3,504 units.

§ 68-738 Buffer-setback areas.

In order to provide for suitable buffers and setbacks between PSPRD development and the areas surrounding the PSPRD, no buildings and structures, except for pathways, drainage facilities, and screening structures, shall hereafter be erected or placed within the measured buffer-setback areas shown along the external boundaries of the PSPRD Zone in development units DU1-B, DU2, DU3, and DU4, as depicted on the Open Space Plans for such development units in the Regulating Plans included in this article. All such buffer-setback areas shall be measured from the PSPRD boundaries as they exist on the date of adoption of this article. The Commissioner of Planning and Development may approve detention/retention stormwater basins in buffer-setback areas which incorporate a staggered double row of five-foot-high conifer trees creating a continuous screen around the perimeter of any basin. The bottom of any detention basin shall be top dressed and seeded. Commercial signage is prohibited within any buffer area. Noncommercial signage/wayfinding/directional signage is permitted with a Town sign permit.

§ 68-739 Open space areas.

Areas of open space in the PSPRD, as defined in § 68-729, above, shall be of the following types and located in general conformance with the Open Space Plan for each development unit in the Regulating Plans included in this article.

A. All open spaces are provided within walking distance of the people they serve and are programmed to encourage a range of activities.

(1) Recreation areas (passive or active): flexible outdoor spaces, which may be paved or landscaped and may include plantings or be left as open grass areas; may be used for drainage.

(2) Yard areas: outdoor space between the property line and building setback; privately owned spaces that may be landscaped at property owner's discretion.

(3) Plazas: hardscaped activity areas, typically with direct street access from one or more sides, which are to be focal points of the development. Areas should be predominately paved, and planters and water features are optional amenities.

(4) Courtyards: outdoor spaces, typically surrounded on at least three sides by buildings. Courtyards do not typically have direct street access; may be paved or landscaped and can include a water feature.

(5) Rooftop open space areas: outdoor areas atop buildings, with or without plantings, that are usable by the residents, occupants, or users of the buildings on which they are located for active or passive recreation.

(6) Buffers-setback areas: large predominately naturalized open areas; mostly located around the edge of the development to minimize views of the development from the highway and adjoining neighborhoods; pathways and some landscaping optional; may be used for drainage.

§ 68-740 Heights of buildings and structures.

The maximum heights of all new buildings and structures in the various PSPRD subdistricts shall be in accordance with the Building Stories Plans of the Regulating Plans included in this article.

§ 68-741 Site plans.

A. Pursuant to Town Law § 274-a, approval of site plans is hereby required as a condition for the issuance of building permits required for construction or development in the PSPRD, unless site plan review and approval is waived, as set forth herein.

B. The Commissioner of the Department of Planning and Development and the Planning Board are each hereby authorized to review and approve applications for site plan approval, or to grant waivers of site plan review and approval, in accordance with the procedures and standards set forth in this section.

C. Any number of buildings, structures, parking facilities, roadways, open spaces, and parks on any number of parcels within the PSPRD, whether or not divided by roadways or intervening parcels, may be included in a single application for site plan approval.

D. Applications for site plan approval in the PSPRD shall be processed and reviewed in accordance with the procedures and standards set forth in Chapter IV of the Town's Subdivision and Land Development Regulations, except public road pavement widths and streetlighting shall be in accordance with the PSPRD.

E. Prior to the approval of a site plan of the PSPRD, a) the site plan applicant shall provide a computation of the total amount of the maximum development set forth in § 68-737, above, broken down by the office, retail, civic, and residential components of such maximum development, that has been approved in all previously issued site plan approvals; b) the site plan applicant shall provide a Subdistrict Development Plan, in the form of an AutoCAD Dwg electronic file utilizing AutoCAD software with NAD 83 SP Long Island zone horizontal datum and NAVD 88 North America datum, for the specific PSPRD Subdistrict (i.e., DU1, DU2, DU3, DU4, or Gateway) in which the lands covered by the subject application are located, which Subdistrict Development Plan shall set forth the metes and bounds of the subdistrict boundaries, all existing streets, buildings, and reserved parking locations in the subdistrict, and all streets, buildings, and reserved parking locations proposed in the current site plan application; c) the site plan applicant shall provide detailed plans of proposed streetlighting and building signage; and d) a road opening permit, pursuant to the Town's Subdivision and Land Development Regulations, shall have been issued for road, drainage, and utility infrastructure necessary for that phase. The Commissioner of the Department of Planning and Development or the Planning Board shall approve a proposed site plan if the Commissioner or the Planning Board determines that such site plan, and any buildings and structures proposed thereon, are consistent with the Master Plan and the Design Guidelines described in § 68-729, above (as they may have been amended), the provisions of this article, the Regulating Plans included in this article, the conditions of adoption of this article, and the conditions of approval of any site plans, subdivisions, road openings, or variances previously approved for lands within the PSPRD. In determining such consistency, the Commissioner of the Department of Planning and Development and/or the Planning Board shall consider existing or proposed parking, means of ingress and egress, signage, landscaping, drainage, architecture, and locations and dimensions of buildings and structures.

F. The Commissioner of the Department of Planning and Development (in the event no variances or relaxations of standards are required) or the Planning Board shall approve, approve with conditions, or deny approval of any proposed site plan within 62 days after submission of a complete application for site plan approval, or within such additional time as shall be consented to by the applicant. Failure of the Commissioner of the Department of Planning and Development or the Planning Board to act upon any application for site plan approval within the aforesaid periods shall not constitute approval of such site plan.

G. The Commissioner of the Department of Planning and Development or the Planning Board may, as a condition of approval of a site plan, require the applicant to post one or more performance bonds, or other security acceptable to the Town, in sufficient amount(s), to ensure that all parking, curbing, sidewalks, accessways, open spaces, landscaping, drainage, and sanitary sewers shown on the site plan will be satisfactorily installed. The applicant may apply to the Commissioner of the Department of Planning and Development and/or the Planning Board for release or reduction of such bonds as the improvements covered by such bonds are satisfactorily constructed.

H. A site plan approval for proposed development in the PSPRD shall expire five years after the date of the approval unless, within such time, a valid building permit has been obtained in connection with such development. Notwithstanding the foregoing, the Commissioner of the Department of Planning and Development or the Planning Board may grant up to four extensions of such site plan approval, of 12 months each, for good cause shown by the applicant.

I. The Commissioner of the Department of Planning and Development or the Planning Board may waive the requirement for site plan review and/or approval for any previously approved site plan, except any detention/retention stormwater management basin or swale located in a buffer area pursuant to this section, where:

(1) The proposed development does not involve an increase of more than 1,500 square feet in gross floor area, as defined in this article;

(2) The change in use or occupancy involved in the proposed development does not require waiver or relaxation of any parking, area, setback, landscaping, or other applicable requirement and does not, in the determination of the Planning Board or the Commissioner of the Department of Planning and Development, increase the intensity of the use of the property; or

(3) The Planning Board or the Commissioner of the Department of Planning and Development finds that the waiver will not significantly and adversely affect existing drainage, topography, traffic circulation, buffers, and other considerations of site plan approval set forth in this section.

J. If a landowner in the PSPRD wishes to amend an approved site plan covering such landowner's property in the PSPRD, due to a change in circumstances or for any other reason, it may apply for such amendment to the official or board that approved the original site plan, and such application for amendment shall be reviewed and acted upon in accordance with the criteria and timing provisions set forth herein for the initial approval of site plans.

§ 68-742 Subdivisions and road openings.

A. Except as set forth herein, the Planning Board and the Commissioner of the Department of Planning and Development shall process, review, and approve land subdivision applications and proposed road openings in the PSPRD pursuant to the procedures and standards set forth in the Town Law and the Town's Subdivision and Land Development Regulations.

B. At the time of final approval of any subdivision application in the PSPRD, any of the total development set forth in § 68-737, above, that has not been previously developed or granted site plan approval shall be allocated by the owners of the land included in the PSPRD at the time of adoption of this article or by their successors in interest to each of the proposed subdivision parcels, and such allocation shall be shown on the subdivision map and established by covenant, recorded with the Office of the Suffolk County Clerk, and a copy of such recorded covenant shall be filed with the Town Clerk and the Department of Planning and Development. Such covenant shall specifically acknowledge that the development allocation(s) therein are subject to amendment by subsequent agreement, by the owners of parcels in the PSPRD, to transfer such potential development between or among their respective parcels. In the event of any such subsequent agreement, the aforesaid recorded covenant shall be amended to reflect the modified development allocation(s), such amended covenant shall be recorded in the Office of the Suffolk County Clerk, and a copy of such recorded amended covenant shall be filed with the Town Clerk and the Department of Planning and Development.

§ 68-743 Roadways.

A. All roadways in the PSPRD shall be designed and constructed in accordance with 1) the street type designations set forth in the Regulating Plans included in this article, 2) the following design specifications, and 3) the construction and materials standards set forth in the Town of Islip Subdivision and Land Development Regulations. The Town shall only accept dedication of the internal ring road, the Fish Path Road connecting to Commack Road, and the roads linking Crooked Hill Road and the Sagtikos Parkway to the ring road, so long as such roadways comply with the design and construction specifications set forth in this article and the construction and materials standards set forth in the Town of Islip Subdivision and Land Development Regulations. All other roadways shall be owned and maintained privately.

B. The design specifications for the street types in the PSPRD shall be as follows:

Legend:
	Street Type	Road Width (feet)
—	Type A	60
—	Type B	40
	Type B with bike lane	43
	Type C	30
	Type D	30
	Type E	24
	Shared use park and plaza path	N/A

Note: Locations of street types shown for illustrative purposes and subject to change

(1) Street Type A.

Function: ring road.

Design speed: 30 to 35 miles per hour.

Building to back of curb (BOC): 20 feet typical.

Curb to curb: 60 feet.

On-street parking: N/A.

Travel lanes: 12 feet; 2 each way; 4 total.

Median: 12 feet minimum.

Total right-of-way (ROW): 87 feet typical.

(2) Street Type B.

Function: two-way local street with parking.

Design speed: 15 to 20 miles per hour.

Building to back of curb (BOC): 15 feet typical.

Curb to curb: 40 feet.

On-street parking: 8 feet.

Travel lanes: 12 feet; 1 each way; 2 total.

Median: N/A.

Total right-of-way (ROW): 60 feet typical.

(3) Street Type B with bike lane.

Function: two-way local street with parking.

Design speed: 15 to 20 miles per hour.

Building to back of curb (BOC): 13.5 feet typical.

Curb to curb: 43 feet.

On-street parking: 8 feet.

Travel lanes: 12 feet; 1 each way; 2 total.

Median: N/A.

Total right-of-way (ROW): 63 feet typical.

(4) Street Type C.

Function: Alley/yield street.

Design speed: 5 to 10 miles per hour.

Building to back of curb (BOC): varies; 17 feet typical.

Curb to curb: 30 feet.

On-street parking: 8 feet (potential parking lane).

Travel lanes: 11 feet; 1 each way; 2 total.

Median: N/A.

Total right-of-way (ROW): 50 feet typical.

(5) Street Type D.

Function: local street (without parking).

Design speed: 15 to 25 miles per hour.

Building to back of curb (BOC): 17 feet typical.

Curb to curb: 30 feet.

On-street parking: N/A

Travel lanes: 12 feet; 1 each way; 2 total.

Median: N/A.

Total right-of-way (ROW): 50 feet typical.

(6) Street Type E.

Function: park street.

Design speed: 20 to 25 miles per hour.

Building to back of curb (BOC): 17.5 feet.

Curb to curb: 106 feet.

On-street parking: 9 feet.

Travel lanes: 13 feet; 1 each way; 2 total.

Median: 62 feet minimum (central park).

Total right-of-way (ROW): 126 feet (including park).

§ 68-744 Open development area.

Pursuant to Town Board resolution adopted pursuant to § 280-a(4) of the New York State Town Law, after due referral to and report of the Planning Board, the PSPRD constitutes an open development area within the Town, wherein building permits may be issued for the erection of structures to which access is given by right-of-way or easement, upon such conditions and subject to such limitations as may be prescribed by general or special rule of the Commissioner of the Department of Planning and Development or the Planning Board.

§ 68-745 Parking.

A. Generally, parking requirements for proposed uses in the PSPRD shall be determined by the Commissioner of the Department of Planning and Development or the Planning Board during site plan review.

B. The smart growth character and transit-oriented design of the PSPRD reduces the parking needs for individual uses in the PSPRD. Therefore, adherence to parking requirements for other zoning districts in the Town, as presented, for example, in the Table of Minimum Required Parking Spaces in the Town's Subdivision and Land Development Regulations, would result in the provision of an excess of parking spaces and a consequent reduction in land available for open space, public spaces, landscaping, and streetscape in the PSPRD. To avoid such an undesirable condition, a special method for computing parking requirements in the PSPRD is provided in this section.

C. Parking structures within the Town Center DU1 shall be screened/wrapped within commercial/office/residential uses to provide a meaningful street wall along all private and public roads.

D. In the PSPRD, the minimum number of parking spaces for proposed uses shall be determined by calculating the aggregate parking required, as follows:

(1) Calculate the number of parking spaces required for each component use by applying the rates set forth in Table 1, below (for each proposed use not specifically listed in the table, use the rate listed in the table for the use that is most similar to the proposed use). These rates reflect a reduced parking demand because of the decreased motor vehicle trip-making associated with the availability of public transportation serving the PSPRD; and

(2) Add together the parking spaces required for each of the component uses to obtain the aggregate number of parking spaces required for all proposed uses.

E. No parking shall be required for the following uses if the Commissioner of the Department of Planning and Development or the Planning Board determines they are accessory to a primary residential use:

(1) In-home offices and art studio spaces, provided that they are meant for sole use by the home's occupant(s), and do not regularly attract external employees or customers to the home; and

(2) Below-grade storage facilities, provided that they are associated with individual residential units in the same building.

F. Driveway, garage, and on-street parking spaces may be counted towards satisfying parking requirements under this section, provided that any driveway space must be on a driveway at least 20 feet deep.

G. On-street parking spaces adjacent to a use(s) shall be allocated towards the required parking for such use(s) before a number of off-street parking spaces is determined for such use(s).

H. Where an on-site dedicated car-sharing service is proposed, each interior parking space dedicated to a car-sharing vehicle may be used to replace 15 required parking spaces.

Table 1
Required Parking Spaces for Individual Uses
PSPRD Zoning District
Component or Use Category	Number of Spaces per Unit or Measurement
Retail uses, including, but not limited to, florist shops, stationery/card stores, hardware/paint stores, specialty stores, bookstores, dry goods stores, clothing stores, bakeries, variety stores, drugstores, delicatessens, personal service shops and stores, photography studios/stores, business service establishments, appliance stores, sporting goods stores, department stores, sales kiosks, and convenience markets	1 per each 250 square feet of gross floor area (GFA) for the first 500,000 square feet and 1 per each 350 square feet of GFA thereafter
Offices and banks	1 per each 250 square feet of GFA for the first 500,000 square feet and 1 per each 350 square feet GFA thereafter
Medical, dental, veterinary offices, hospitals, and animal care centers	1 per each 250 square feet of GFA
Restaurants, luncheonettes, cafes, quick-service restaurants, cafeterias, and similar uses	1 per each 6 seats or 1 per 6 persons legally accommodated, whichever is less
Hotels	0.75 per sleeping room or suite
Entertainment facilities, including, but not limited to, performing arts centers, live theaters, performance venues, and aquaria; assembly or social recreation centers; and auditoria	1 per each 500 square feet of GFA, or 1 per each 4 seats, whichever is less
Day-care centers and nursery schools	1 per each 400 square feet of GFA
For-profit charter schools	1 per classroom
Residences, including, but not limited to, apartments and multifamily residences (but not including senior citizen apartments)	1.5 per dwelling unit
Senior citizen apartments	1 per dwelling unit
Assisted-living facilities and congregate-care facilities	0.5 per unit, plus 1 per each 2 employees on maximum shift
Nursing homes	0.2 per bed, plus 1 per each 2 employees on maximum shift
In-home offices and professional uses	1 per each 500 square feet of GFA
Artists' lofts	1 per each 500 square feet of GFA
Storage facilities	1 per each 5,000 square feet of GFA
Museums and art galleries	1 per each 400 square feet of GFA over 2,000 square feet
Health clubs and gymnasia	1 per each 500 square feet of GFA
Bowling centers	2 per alley
Recreational, sports, and fitness facilities	1 per each 500 square feet of GFA
Conference centers	1 per each 500 square feet of GFA
Community facility buildings, community service buildings, post offices	1 per each 500 square feet of GFA
Houses of worship	1 per each 4 seats or 4 persons legally accommodated

I. It is recognized, in view of the smart growth character and transit-oriented design of the PSPRD, that the number of parking spaces for proposed uses, as calculated above, may not be initially necessary or may never be necessary to provide for the actual parking needs of the proposed uses. During the site plan review process, a maximum of 50% reduction of parking required in Table 1 may be reserved. All approved site plans shall denote the location of any reserved parking. All reserved residential parking spaces shall be located within 1/4 mile of the related residential uses and within the Town Center DU1 development unit subdistrict as the residential use. All reserved commercial parking spaces shall be located within 1/4 mile of the related commercial use and within the Town Center DU1.

J. Any site plan approval for proposed development in the PSPRD shall require that sufficient lands or facilities be reserved or set aside for the future provision of any required parking, as calculated under Subsections C through G, above, that is not required to be constructed pursuant to Subsection I, above. The locations of such lands or facilities for future provision of parking shall be shown on the approved site plan.

K. Parking that is not initially constructed, pursuant to Subsection H, above, shall thereafter be constructed only upon written determination, by the Commissioner of the Department of Planning and Development or the Planning Board, that such unconstructed parking (or some portion thereof) has become actually necessary for the use(s) for which such parking was reserved. If no such written determination has been issued within seven years after all certificates of occupancy have been issued for the buildings shown on an approved site plan, then the unconstructed parking shall be deemed to be unnecessary for the use(s) for which lands and/or facilities that were set aside or reserved shall be deemed released and may be used for any purpose(s) allowed by this article or other applicable law, but may not exceed the maximum allowable gross floor area of the Pilgrim State Planned Redevelopment District.

L. Lands and/or facilities set aside or reserved for possible future parking, pursuant to Subsection I, above, shall be released by the Commissioner of the Department of Planning and Development or the Planning Board, upon application of the owner of such lands or facilities or the site plan applicant whose application required such set-aside or reservation [or such applicant's successor(s) in interest], upon a showing that the parking for which such lands or facilities were set aside is not or is no longer necessary for the use(s) for which such lands and/or facilities for future parking were set aside or reserved. Upon such release, the released lands or facilities may be used for any purpose(s) allowed by this article or other applicable law.

M. Parking spaces required under this section need not be on the same parcel as the uses for which they are reserved, but shall be in accordance with Subsection H relative to location within Town Center DU1 and distance from the affected residential and/or commercial uses.

N. The Commissioner of the Department of Planning and Development or the Planning Board may grant waivers of the above parking requirements for good cause shown.

O. The number and locations of all loading and unloading areas shall be subject to the review of the Commissioner of the Department of Planning and Development or the Planning Board. All loading and unloading areas shall be screened.

P. Nothing in this section or elsewhere shall preclude the owner(s) and/or operator(s) of the private or nondedicated lands or facilities that are covered by or include the parking spaces required pursuant to this section from charging fees for the use of such parking spaces.

§ 68-746 Exterior lighting.

A. Recognizing the unique character and intent of the PSPRD, the exterior lighting regulations set forth in this section constitute the exclusive lighting standards and restrictions in the PSPRD, and supersede lighting regulations applicable in other zoning districts and the Town of Islip Subdivision and Land Development Regulations.

B. Ownership.

(1) All exterior lighting located within a dedicated street shall be owned and maintained in perpetuity by the adjacent land owner, successors, lienholders or property association. Restrictive covenants with hold harmless waiver(s) of liability shall be recorded against the affected property disclosing this ownership maintenance responsibility. A detailed lighting plan shall be included with each site plan submission. All exterior streetlighting shall uniformly match the development unit subdistrict in which it is located.

(2) Alternative. A Town lighting district shall be established prior to the issuance of any certificate of occupancy to address the initial/continuous maintenance of exterior streetlighting fixtures not consistent with the Town streetlighting standards.

C. Streetlighting shall maintain an average illumination between 0.5 footcandle and 1.5 footcandles unless an alternative level of illumination is approved by the Commissioner of Planning and Development.

D. Submittal requirements. A lighting plan shall be submitted with each site plan that details the location and specifications of all lighting provided. An ISO footcandle diagram shall also be provided to indicate the level and extent of proposed lighting.

E. Lighting types. (NOTE: This is not an exhaustive list of acceptable lighting types, but is intended for illustrative purposes.)

(1) Post; locations: DU1.

Notes:
1.	Must not include direct illumination (i.e., spotlights) of any residential property outside the PSPRD. This restriction shall not preclude lighting from being visible from outside the PSPRD.
2.	Must maintain illumination levels consistent with those recommended in the most current IESNA (Illuminating Engineering Society of North America) Recommended Practices.
3.	Maximum light standard height: 25 feet.

(2) Column; locations: DU1.

Notes:
1.	Must not include direct illumination (i.e., spotlights) of any residential property outside the PSPRD. This restriction shall not preclude lighting from being visible from outside the PSPRD.
2.	Must maintain illumination levels consistent with those recommended in the most current IESNA (Illuminating Engineering Society of North America) Recommended Practices.
3.	Maximum light standard height: 13 feet.

(3) Double column; locations: DU1.

Notes:
1.	Must not include direct illumination (i.e., spotlights) of any residential property outside the PSPRD. This restriction shall not preclude lighting from being visible from outside the PSPRD.
2.	Must maintain illumination levels consistent with those recommended in the most current IESNA (Illuminating Engineering Society of North America) Recommended Practices.
3.	Maximum light standard height: 13 feet.

(4) Reflected downlight; locations: DU1.

Notes:
1.	Must not include direct illumination (i.e., spotlights) of any residential property outside the PSPRD. This restriction shall not preclude lighting from being visible from outside the PSPRD.
2.	Must maintain illumination levels consistent with those recommended in the most current IESNA (Illuminating Engineering Society of North America) Recommended Practices.
3.	Not permitted within a dedicated public street right-of-way.

(5) Light column; locations: DU1.

Notes:
1.	Must not include direct illumination (i.e., spotlights) of any residential property outside the PSPRD. This restriction shall not preclude lighting from being visible from outside the PSPRD.
2.	Must maintain illumination levels consistent with those recommended in the most current IESNA (Illuminating Engineering Society of North America) Recommended Practices.
3.	Not permitted within a dedicated public street right-of-way.

(6) Hanging lights: locations: DU1.

Notes:
1.	Must not include direct illumination (i.e., spotlights) of any residential property outside the PSPRD. This restriction shall not preclude lighting from being visible from outside the PSPRD.
2.	Must maintain illumination levels consistent with those recommended in the most current IESNA (Illuminating Engineering Society of North America) Recommended Practices.
3.	Not permitted within a dedicated public street right-of-way.

§ 68-747 Signs.

A. Recognizing the unique character and intent of the PSPRD, the signage regulations set forth in this section constitute the exclusive signage standards and restrictions in the PSPRD, and supersede signage regulations applicable in other zoning districts.

B. Temporary signs.

(1) Temporary sale or lease signs. A temporary, nonilluminated sign limited in area to 32 square feet, advertising real estate for sale or lease or announcing contemplated improvements of real estate on which it is placed. The sign shall be removed immediately upon sale or lease of the property or when construction of the contemplated improvements begin.

(2) Temporary construction signs. A temporary, nonilluminated sign limited in area to 32 square feet, erected in connection with new construction work and displayed on the premises only during such time as the actual construction work is in progress.

C. The following types of nonilluminated and illuminated signs shall be permitted in all PSPRD subdistricts, subject to a Town sign permit and to the conditions set forth below: (NOTE: This is not an exhaustive list of acceptable signage types, but is intended for illustrative purposes.)

(1) Address or nameplate; locations: DU1.

Notes:
1.	May not be in a paved area of any dedicated street (other than traffic control or construction signs), obstruct the visibility of drivers or conflict with or obstruct a traffic control device.
2.	May not obstruct a required window or door in such a manner as to prevent free egress or ingress.
3.	May not be attached to a tree.
4.	May not use breakable glass in its construction, except for glass used in illumination.
5.	Maximum size of 20 square feet.
6.	Plastic sign panels and cabinet/sign boxes are prohibited.
7.	May not be immoral or obscene.

(2) Awning with sign; locations: DU1.

Notes:
1.	May not be in a non-sidewalk paved area of any dedicated street (other than traffic control or construction signs), obstruct the visibility of drivers or conflict with or obstruct a traffic control device.
2.	May not obstruct a required window or door in such a manner as to prevent free egress or ingress.
3.	May not be attached to a tree.
4.	May not use breakable glass in its construction, except for glass used in illumination.
5.	Uplighting within awning is prohibited.
6.	May not be vinyl or plastic material.
7.	Minimum clearance to sidewalk: 9 feet.
8.	May not be immoral or obscene.

(3) Band sign; locations: DU1.

Notes:
1.	May not be in a paved area of any dedicated street (other than traffic control or construction signs), obstruct the visibility of drivers or conflict with or obstruct a traffic control device.
2.	May not obstruct a required window or door in such a manner as to prevent free egress or ingress.
3.	May not be attached to a tree.
4.	May not use breakable glass in its construction, except for glass used in illumination.
5.	0.5-foot maximum sign square feet per linear length of tenant building facade.
6.	Plastic sign panels and cabinet/sign boxes are prohibited.
7.	May not be immoral or obscene.

(4) Hanging sign; locations: DU1.

Notes:
1.	May not be in a non-sidewalk paved area of any dedicated street (other than traffic control or construction signs), obstruct the visibility of drivers or conflict with or obstruct a traffic control device.
2.	May not obstruct a required window or door in such a manner as to prevent free egress or ingress.
3.	May not be attached to a tree.
4.	May not use breakable glass in its construction, except for glass used in illumination.
5.	Minimum nine-foot clearance above sidewalk.
6.	Maximum of 10 square feet per tenant facade.
7.	May not be immoral or obscene.

(5) Marquee with sign; locations: DU1.

Notes:
1.	May not be in a non-sidewalk paved area of any street (other than traffic control or construction signs), obstruct the visibility of drivers or conflict with or obstruct a traffic control device.
2.	May not obstruct a required window or door in such a manner as to prevent free egress or ingress
3.	May not be attached to a tree.
4.	May not use breakable glass in its construction, except for glass used in illumination.
5.	Minimum nine-foot clearance above sidewalk.
6.	Limited to one marquee sign per tenant facade.
7.	Maximum size of 0.25 square foot per linear foot of tenant facade.
8.	Plastic sign panels and cabinet/sign boxes are prohibited.
9.	May not be immoral or obscene.

(6) Outdoor display case; locations: DU1.

Notes:
1.	May not be in a paved area of any street (other than traffic control or construction signs), obstruct the visibility of drivers or conflict with or obstruct a traffic control device.
2.	May not obstruct a required window or door in such a manner as to prevent free egress or ingress.
3.	May not be attached to a tree.
4.	May not use breakable glass in its construction, except for glass used in illumination.
5.	Maximum of 30 square feet per tenant facade.
6.	Plastic sign panels and cabinet/sign boxes are prohibited.
7.	May not be immoral or obscene.

(7) Window sign; locations: DU1.

Notes:
1.	May not be in a paved area of any street (other than traffic control or construction signs), obstruct the visibility of drivers or conflict with or obstruct a traffic control device.
2.	May not obstruct a required window or door in such a manner as to prevent free egress or ingress.
3.	May not be attached to a tree.
4.	May not use breakable glass in its construction, except for glass used in illumination.
5.	Shall not exceed 35% of any individual window surface.
6.	May not be immoral or obscene.

(8) Blade sign; locations: DU1.

Notes:
1.	May not be in a non-sidewalk paved area of any street (other than traffic control or construction signs), obstruct the visibility of drivers or conflict with or obstruct a traffic control device.
2.	May not obstruct a required window or door in such a manner as to prevent free egress or ingress.
3.	May not be attached to a tree.
4.	May not use breakable glass in its construction, except for glass used in illumination.
5.	Limit of two blade signs per building facade.
6.	Maximum size of 40 square feet.
7.	Minimum nine-foot sidewalk clearance.
8.	May not be immoral or obscene.

(9) Neon sign; locations: DU1.

Notes:
1.	May not be in a paved area of any street (other than traffic control or construction signs), obstruct the visibility of drivers or conflict with or obstruct a traffic control device.
2.	May not obstruct a required window or door in such a manner as to prevent free egress or ingress.
3.	May not be attached to a tree.
4.	May not use breakable glass in its construction, except for glass used in illumination.
5.	May not exceed 35% coverage of any individual window surface.
6.	Maximum size of 0.25 square foot per linear foot of tenant facade.
7.	Exterior neon shall be enclosed to prelude bird nesting.
8.	May not be immoral or obscene.

(10) Building facade sign; locations: DU1.

Notes:
1.	No more than one such sign per each side of the building shall be placed above the sixth story of any building.
2.	No sign shall be placed on the roof of any building.
3.	No sign shall exceed 15 feet in height unless such exception is waived by the Commissioner of the Department of Planning and Development or the Planning Board.
4.	Maximum size of 1.0 square foot of building facade length.
5.	No more than one such sign per each side of the building shall be placed above the sixth story of any building.
6.	No sign shall be placed on the roof of any building.
7.	May not be immoral or obscene.

(11) Media screen; locations: DU1.

Notes:
1.	May not be in a paved area of any dedicated street (other than traffic control or construction signs), obstruct the visibility of drivers or conflict with or obstruct a traffic control device.
2.	A sign which motion pictures or video which requires electric energy to function.
3.	May not obstruct a required window or door in such a manner as to prevent free egress or ingress.
4.	May not be attached to a tree.
5.	May not use breakable glass in its construction, except for glass used in illumination.
6.	Maximum of 0.5 square foot per linear foot of building facade.
7.	May not be immoral or obscene.

(12) Freestanding sign; locations: DU1.

Notes:
1.	May not be in any dedicated street right-of-way (other than traffic control or construction signs), obstruct the visibility of drivers or conflict with or obstruct a traffic control device.
2.	May not obstruct a required window or door in such a manner as to prevent free egress or ingress.
3.	May not be attached to a tree.
4.	May not use breakable glass in its construction, except for glass used in illumination.
5.	No sign shall be located within a dedicated Town right-of-way.
6.	Architecturally significant opaque base is required. Pylons are prohibited.
7.	Maximum height of 25 feet.
8.	Maximum of 250 square feet.
9.	May not be immoral or obscene.

(13) Monument sign; locations: DU1.

Notes:
1.	No sign shall be located within a dedicated Town street right-of-way.
2.	Maximum of two per building facade or property.
3.	Maximum height of nine feet.
4.	Maximum 150 square feet per sign.
5.	May not be immoral or obscene.

§ 68-748 Determinations by Planning Board.

Except as otherwise provided in this article, all applications and other matters considered by the Planning Board for the PSPRD may be determined without a public hearing.

§ 68-749 Amendment of Master Plan.

Upon application of the owners of the lands included in the PSPRD at the time of adoption of this article or their successors in interest, the Master Plan described in § 68-729, above, may be amended by the Town Board as legally permissible. The revision or relocation of buffer-setback areas and/or areas of open space, as well as modifications to streets or roadways on the Master Plan, shall not be considered amendments for purposes of this section, and may be approved by the Commissioner of the Department of Planning and Development or the Planning Board in the course of site plan review.

§ 68-750 Severability.

If any clause, sentence, paragraph, section, or part of this article shall be adjudged or determined by any court of competent jurisdiction to be invalid, such judgment or determination shall not affect, impair, or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, paragraph, section, or part of this article directly involved in said court judgment or determination.