A. Simultaneously with the approval of any plat upon which the Planning Board is empowered to act pursuant to §276 of the Town Law, such Board may make any reasonable modification of the zoning regulations applicable to the land so platted as authorized by §278 of the Town Law and as specified in this article. Any such modification of the zoning regulations shall be made to encourage the most appropriate use of land consistent with the character thereof and with the general welfare of the community, to afford adequate facilities for the housing, circulation, convenience, safety, health and welfare of the population to safeguard the appropriate use and value of adjoining property; or to conserve the general character and value of property in the district. Unless otherwise specified in this article, any modification of the zoning regulations made by the Planning Board in connection with plat approval shall be limited to size of lot, minimum yard dimensions, location Of buildings, location and extent of parking and loading areas and provision of public recreation areas, including parks and playgrounds, or public school sites.

B. Procedure. No modification shall be made in the zoning regulations applicable to any land shown on a plat until the final map has been submitted to the Planning Board and a public hearing has been held thereon. The Board may approve, modify and approve or reject such plat in keeping with the intent and purpose of this chapter. If the plan is approved, the Planning Board shall make appropriate modifications of the zoning regulations simultaneously with the approval of the final plat and such modifications shall be noted in detail thereon. When a final plat of lands for which modifications of zoning are sought is submitted for public hearing, such plat shall be an overall plan for the total project area and shall be filed as such although several sections may be filed simultaneously.

When a site development plan or plat of a tract of land 50 acres or more in area is submitted to the Planning Board and such tract is located in an I-1 or I-2 Light Industry District, the Board simultaneously with the approval of the plat may establish special design criteria for lot area and yards as necessary to encourage sound industrial development patterns and good land use practice. Such special design criteria shall be limited as follows:

A. The minimum site area for a principal building may be reduced by not more than 1/3 for not more than 1/3 of the total building sites within the project, but the average site area of all building sites therein shall not be less than six acres for I-1 Districts nor less than three acres for I-2 Districts.

B. No building site reduced in area as provided in Subsection A hereof shall have principal frontage on a major street. [Amended 3-13-1979 by L.L. No. 10- 1979]

C. Minimum lot width for lots reduced in area may be reduced to not less than 300 feet in I-1 Districts and not less than 200 feet in I-2 Districts.

D. Minimum front yard depth for lots reduced in area may be reduced to not less than 60 feet.

E. Minimum street frontage for lots reduced in area may be reduced to not less than 150 feet.

F. No special design criteria shall be applied to lots or building sites adjacent to residence district boundaries.

[Amended 7-10-1973 by Ord. No. 73-ZC-45; 3-13-1979 by L.L. No. 10-1979; 6-7-2005 by L.L. No. 24-2005]

A. Authority of the Planning Board.

(1) Site plan approval. Site plan review and approval involving any physical alteration of the land is required by the Planning Board for:

(a) All development in commercial and industrial zones except for single-family and two-family residences; and

(b) All non-residential development in residential zones, including but not limited to non-

conforming uses, religious, civic and philanthropic uses; and

(c) All development in R-3M and R-RM zoning districts: and

(d) All multi-family housing developments regardless of zone.

(2) In all other cases, including construction of or additions to residentially-utilized properties, site plan approval shall be required from the Department of Engineering Services (Building and Housing Division).

(3) Site plan review by the Planning Board is not required for interior alterations with no change in parking, loading areas, outdoor storage or display; or for development in downtown business districts where no parking will be provided on site.

(4) Amended site plan approval. Revisions to an approved plan which are not identified as minor by the Director of Planning and Environment and/or the Planning Board shall be submitted to the Planning Board for review and approval.

B. Public hearing. In addition to any public hearing which may be required by SEQRA and its implementing regulations, the Planning Board has the option of holding as many public hearings as it deems necessary or advisable during the site plan review process. Such public hearing(s) shall be held within sixty-two (62) days of the date a complete application is filed, unless adjourned by mutual consent of the applicant and Planning Board. Notice of the public hearing(s) shall be published in the official newspaper(s) of the Town no later than five (5) days prior to the hearing date.

C. The Planning Board may review and approve, approve with revisions (changes) or disapprove a site plan for any permitted use in accordance with the applicable standards of the Code of the Town of Huntington, the Building Codes of the State of New York, and such Site Improvement Specifications as are authorized by the Town Board.

D. The Planning Board shall make a determination on an application within sixty-two (62) days of the filing of a complete application or the close of the last public hearing, whichever last occurs, unless extended by the written mutual consent of the applicant and the Planning Board. Each such extension shall not exceed sixty-two (62) days.

E. An application upon which a DEIS is determined to be required shall not be "complete" until the DEIS has been filed and accepted by the Planning Board as satisfactory with respect to scope, content and adequacy.

F. Building and site development plans shall show:

(1) The site area and location of all buildings thereon.

(2) Off-street parking and loading areas.

(3) Location and size of signs.

(4) Landscaping and screening.

(5) On-site drainage.

(6) Proposed illumination of buildings, sites and signs.

(7) Original and proposed final contours.

(8) Means of access.

G. No building permit shall be issued until the plans have been approved. In approving such plans, the appropriate determinations set forth in Article XI of this chapter shall be considered. The decision of the Planning Board shall be filed in the office of the Town Clerk and a copy thereof mailed to the applicant.

**Webmasters Note: The previous section has been amended as per Local Law No. 24-2005.

[Amended 4-18-2000 by L.L. No. 9-2000; 5-7-2002 by L.L. No. 13-2002]

A. The Planning Board shall consist of seven (7) members who shall be appointed by the Town Board for a term of seven (7) years to be staggered pursuant to § 271 of the Town Law. The Town Board shall designate a chairperson thereof. No member of the Planning Board shall be for more than two (2) full terms of office. Term limits shall apply to appointments made after the effective date of this section. It is the intention of the Huntington Town Board to expressly supercede and/or expand the provisions of § 271(5) of the Town Law as it relates to the establishment of term limits by virtue of the powers conferred upon it in § 10(1)(d)(3) of the Municipal Home Rule Law.

B. The Planning Board may recommend to the Town Board rules and regulations relating to any matter over which the Planning Board has jurisdiction under this Chapter, local law, ordinance or statute. Adoption of such recommendations-by the Town Board shall be by local law or ordinance.

C. The Planning Board may provide for the issuance of a building permit for a building in a planned industrial park prior to the approval of a final plat where:

(1) A preliminary map has been approved.

(2) The plot has, frontage on an existing major street.

(3) No modification of the zoning requirements applicable to the plot has been requested.

D. The Planning Board shall not grant or deny any application until it has been classified according to the State Environmental Quality Review Act (SEQRA) and, in the case of unlisted or Type I actions, until the SEQRA process has been completed.

E. Within the Local Waterfront Revitalization Area, the Planning Board shall not grant or deny any application until the Director of Maritime Services has issued a written determination of consistency with the policies and purposes of the Town of Huntington Local Waterfront Revitalization Law.

[Added 12-30-1969 by L. L. No. 4-1969]

A. Purpose. In order to provide for the orderly, uniform and harmonious future growth and development of the Town of Huntington and to afford adequate facilities for the housing, welfare, recreation, including adequate facilities for parks and playgrounds, transportation and distribution, including water mains, sidewalks, curbs, gutters, comfort, convenience, safety and health of its population, it is in the public interest to require the filing of maps showing lots, blocks or sites of real property in the Town of Huntington, New York.

B. Definitions. As used in this section, the following words shall have the meanings indicated:

CONVEYANCE -- A transfer of title to real property, with or without consideration, or a mortgage of real property.

LOT -- The smallest portion of a subdivision or other parcel of land upon which a building may be legally constructed under the relevant section of this chapter of the Code of the Town of Huntington for the district where the land is located. A "lot" is also to mean "plot."

RESUBDIVISION -- The redivision or redevelopment of lots, blocks or sites already shown on a map filed in the office of the Clerk of Suffolk County pursuant to § 335 of the Real Property Law. The Planning Board is not authorized to approve a resubdivision map of that creates through lots of existing lots; furthermore, the Board shall not consider a map fully conforming if it creates through lots of existing lots. [Amended 10-15-2002 by L.L. No. 54-2002; 2-11-2003 by L.L. No. 6-2003 ]

SUBDIVISION -- The division or development of any real property into more than one (1) lot, block or site, with or without streets, not on a map previously filed in the office of the Clerk of Suffolk County pursuant to § 335 of the Real Property Law, and includes property fronting on existing streets. The Planning Board is not authorized to approve a subdivision map that creates through lots of existing lots; furthermore, the Board shall not consider a map fully conforming if it creates through lots of existing lots. [Amended 10-15-2002 by L.L. No. 54-2002; 2-11-2003 by L.L. No. 6-2003 ]

**Webmasters Note: The previous subsection, B., has been amended as per Local Law No. 6-

2003.

C. Requirement for filing map. In order to carry out the purpose and intention of this chapter, every person, corporation, partnership and association, incorporated or unincorporated, other than a church-cemetery organization attached to a religious parish within the County of Suffolk, who engages in the subdivision or resubdivision of real property in any zoning district of the Town of Huntington, shall be required to obtain the approval of the Planning Board of such subdivision or resubdivision and to file a map of such subdivision or resubdivision in the office of the Clerk of Suffolk County in accordance with § 335 of the Real Property Law and shall comply with the Subdivision Regulations and Site Improvement Specifications of the Town of Huntington, New York.

D. Modified procedures. [Amended 2-1-1972 by Ord. No. 72-ZC-25; 2-28-1978 by Ord. No. 78-ZC-74; 2-6-1979 by L. L. No. 9-1979]

(1) Covenanted conveyance. The following procedure, when approved by the Planning Board, shall apply to a parcel of land which has the capability of being subdivided into lots conforming in all respects to this chapter of this Code: One lot may be conveyed, provided said conveyance is to a church organization, a cemetery association or to a member of the family of the owner. The remaining portion of the parcel shall remain as such unless and until subdivision is instituted with the Planning Board. The condition imposed hereinabove shall be covenanted by the owner and shall be filed in the office of the Clerk of the County of Suffolk; the covenant shall bind the grantor as well as all future owners, assigns and successors in interest.

(2) Comprehensive site plan. A site plan for property located within the R-RM Retirement Community Zoning District which has received Planning Board site plan approval and complies with all the requirements of this chapter may be divided into one or more parcels for the purposes of ownership and management and such division shall not constitute a subdivision, provided that the owners of each parcel execute and duly record a restrictive covenant approved by the Town Board binding the owner and all successors and assigns to maintain the property in accordance with the approved site plan, and said restrictive covenant shall irrevocably bind such owner and his successors and assigns to adhere to the originally approved site plan. The requirements of the Code with respect to minimum yards, gross site area, and maximum density shall apply to the entire site but shall not apply to each separately owned parcel.

E. Effect of noncompliance. In addition to any penalty provided by law, the following shall result from noncompliance: A building permit shall not be issued for the construction of any building on a lot subject to a conveyance after the effective date of this section which is not on a map filed and approved under this section nor shall a building permit be issued for the alteration, moving, conversion, extension or demolition of a building on a lot on a map not filed and approved as provided herein. Building permits shall be issued when such building plans are in accordance with an approved site plan and all other provisions of Subsection D(2) of this section are met. [Amended 2-1-1972 by Ord. No. 72-ZC-25; 2-28-1978 by Ord. No. 78-ZC-74; 2-6-1979 by L. L. No. 9-1979]

F. Merged lots. [Added 5-5-1998 by L. L. No. 20-1998]

(1) Definitions. As used in this subsection, the following words shall have the meanings indicated:

ADJACENT PARCEL -- One which abuts another parcel for a common course of ten (10) feet or greater.

COMMON OWNERSHIP -- When two (2) or more parcels of land are held, in whole or in part, by the same person, business, company, partnership, corporation or other entity (whether for-profit or not-for-profit) .

MERGER -- A nonconforming parcel of land created before January 1, 1980, having common ownership with an adjacent parcel, or any parcel of land used for the development of an adjacent parcel having common ownership shall be deemed to be a single lot.

(2) Effect of merger. Merged lots must conform to Article IX, Height, Area and Bulk Regulations, of this chapter. No building permit or other development plan shall be issued or approved for any parcel that is, by itself, a constituent of a lot that has resulted from a merger of two (2) or more lots. Upon meeting all of the requirements of this chapter, the resulting merged lot can, upon due process, qualify for a building permit.

(3) Exceptions. Lots created before January 1, 1980, which meet any of the following criteria shall be exempt from the merger provisions of this subsection:

(a) A nonconforming lot that has been granted an area variance from the Board of Appeals before the date of enactment of this local law; and/or [Amended 10-15-2002 by L. L. No. 55-2002]

(b) A nonconforming residential lot having a minimum lot area of twenty thousand (20,000) square feet or a nonconforming commercial or industrial lot not within a sewer district, when either complies with the Suffolk County Department of Health Services regulations for sewage disposal systems.

**Webmasters Note: The previous section has been amended as per Local Law No. 55-2002.