§ 85-298. Density (units per acre)., Article XV. Multifamily Residence Districts, Chapter 85. Zoning, Land Use Legislation, Code of Ordinances, Brookhaven

Primary zone. The maximum permitted density shall be eight units per acre.

Secondary zone. The maximum permitted density shall be six units per acre.

Tertiary zones. The maximum permitted density shall be four units per acre.

Base density.

(1)

As defined in this chapter, base density shall be based upon the existing zoning of the site at the time of application for change of zone to PRC Residence District, or prior to any change to zone approval to PRC Residence District.

(a)

Base density for land which is zoned commercially or industrially shall be three units per acre.

(b)

Base density for land which is zoned residentially shall be the product of the total acreage multiplied by 43,560 square feet, divided by the dimensional area requirement of the existing residential zoning district, multiplied by a factor of 0.825. Alternatively, a yield map may be submitted to determine residential base yield. Base yield shall exclude areas of open water and wetlands.

(c)

Base density for multiple zoned parcels shall be the sum of the base yield for each zoning district.

Density increase requirements.

(1)

An increase in density above base density shall require Pine Barrens Credit redemption.

(a)

Pine Barrens Credit redemption shall be calculated at a rate of 15% of the total number of units above base density.

(b)

Proof of Pine Barrens Credits redemption shall be a condition of final site plan approval, or may be redeemed in phases as otherwise determined by the Town Board at the time of change of zone approval.

(c)

In the event that the Pine Barrens Credit Clearinghouse determines that Pine Barrens Credits are not available, then a payment in lieu of redemption made to the Joseph Macchia Environmental Preservation Capital Reserve Fund may be substituted. Payment in lieu of redemption shall be computed per the average price of a Pine Barrens Credit in the Town of Brookhaven over the past 12 months as determined by the Pine Barrens Credit Clearinghouse.

(d)

In lieu of Pine Barrens Credit redemption, the Town Board in its discretion may accept a comparable donation of open space and/or farmland from the areas designated as the Manorville Farm Protection Area, Eastport Farm Protection Area or Carmans River One-Hundred-Year Watershed Area.

(e)

No Pine Barrens Credit redemption shall be required for units designated as affordable or workforce housing units.

In order to meet the goals and objectives of this chapter, or in accordance with the recommendations of an adopted land use plan, the Town Board in its discretion may increase or decrease the allowable density provisions of this section by a maximum of two units per acre. Any such increase shall be subject to Pine Barrens Credit redemption in accordance with this chapter.

Nothing herein shall be deemed in any manner to limit the Town Board's authority to rezone property in accordance with the provisions of Town Law and the Town Code.