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Islip, NY Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Base density (apartments)
9 units/acre
Base density (attached single-family)
6 units/acre
Absolute cap with bonuses
12 units/acre apartments, 10 attached
Affordable-housing bonus threshold
20% of units affordable on site
Max renewable-energy bonus
3 units/acre at 70%+ renewable energy
Max LEED/NGBS bonus
3 units/acre for Gold certification
Approval authority
Town Board after public hearing

Summary

The Town Board may grant added density above the base caps of nine units/acre for apartment houses, six for attached single-family homes and four for detached homes in Residence CA-tier districts. Bonuses reward on-site affordable units or renewable-energy/LEED design, follow a public hearing, and can never push density past 12 or 10 units/acre respectively.

A. In accordance with the provisions of Town Law § 261-b, the Town Board is empowered to provide for a system of zoning incentives, or bonuses, as deemed necessary and appropriate to advance the Town's specific physical, cultural and social policies in accordance with the Town's comprehensive plan and in coordination with other community planning mechanisms or land use techniques. B. The Town Board has determined that affordable housing, as well as energy and sustainable design, are suitable community benefits which warrant promotion through the density bonuses hereinafter described... D. At no time shall overall densities exceed 12 units per acre for apartment houses and garden apartments. E. At no time shall overall densities exceed 10 units per acre for attached single-family dwellings.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4826765; v112 updated 2026-02-24; through 02-24-2026).

Full Breakdown

1 gives the Town Board authority, under NY Town Law § 261-b, to award zoning incentives ("density bonuses") to advance affordable housing and energy/sustainable design goals identified in the Town's comprehensive plan. 3 offers a separate, stackable energy/sustainable-design bonus, up to 3 additional units/acre for developments meeting at least 70% of energy needs from renewable sources (measured by Comcheck or an equivalent NYS Energy Code model), and up to 3 more units/acre for LEED Gold or National Green Building Standard Gold certification, with lower tiers (1-2 units/acre) available for lesser renewable-energy percentages or LEED/NGBS Certified or Silver ratings.

Violations & Fines

Bonus density is conditional, not automatic: § 68-173.3A(2) bars construction of the bonus unit(s) until the Commissioner of Planning and Development has verified LEED/NGBS certification, and § 68-173.1C requires Town Board approval through the Department of Planning and Development's Article IVA process before any bonus is used. A project that builds bonus units without completing that approval and certification chain is over its permitted base density and subject to the Town's standard zoning enforcement and building-permit denial.

Frequently Asked Questions

Can any developer in Islip claim a density bonus?
No. Density bonuses under § 68-173.1 are discretionary Town Board approvals available to residential projects that qualify under the affordable-housing (§ 68-173.2) or energy/sustainable-design (§ 68-173.3) provisions, following an application through the Department of Planning and Development and a public hearing: they are not granted as of right.
How much extra density can affordable housing earn?
A project maintaining at least 20% of its units as affordable can add density above the base nine units/acre (apartments) or six units/acre (attached single-family), provided every added unit is itself affordable, priced to Nassau-Suffolk County HUD median family income standards under § 68-173.2B.
Is there a limit even with multiple bonuses stacked?
Yes. Per § 68-173.1D and E, overall density can never exceed 12 units per acre for apartment houses and garden apartments, or 10 units per acre for attached single-family dwellings, regardless of how many bonus categories a project combines.
What if a project can't meet the affordable or green-design conditions?
Under § 68-173.1B, the Town Board may instead accept a payment in lieu of the bonus conditions, deposited into a trust fund the Town Board uses exclusively for the community benefits it has authorized, rather than granting the density increase.

Sources & Official References

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