[Added 2-2-1993 by L.L. No. 2-1993]
A.
The Town of North Hempstead recognizes that there are certain lands in the unincorporated areas of the Town which have been identified as particularly critical to the present and future quality and quantity of the groundwater aquifer which is the sole source of the Town's potable water supply. These lands have been identified by state law (Article 55 of the Environmental Conservation Law) as well as the Nassau County Public Health Code (Article X) as special groundwater protection areas.
B.
It is the purpose of this article to create within
the Town of North Hempstead an Aquifer Protection Overlay District
which shall provide certain land use regulations and controls so that
these regulated lands may continue to serve their important function
of protecting critical watersheds while maintaining and enhancing
the high quality and quantity of groundwater within the special groundwater
protection areas.
C.
Due to the extraordinary vulnerability and sensitivity
to contamination of the aquifer resource and due to the fact that
these lands are among the only remaining open space areas in the Town,
the Town finds that extraordinary protective measures are warranted.
Prudence dictates that all future activities on these lands be guided
by appropriate regulations so that the interests of public health,
safety and well-being are properly served.
The objectives of this overlay district are
to:
A.
Implement the purpose and intent of Article 55 of
the Environmental Conservation Law, including but not limited to specific
provisions of the special groundwater protection area draft report.
B.
Implement the goals of the Master Plan of the Town
of North Hempstead adopted in December 1989, as follows:
C.
Maintain the integrity of the Town's groundwater by
promoting the preservation of open space and controlling development
in areas of deep recharge.
D.
Establish the parameters by which specific land uses,
intensities of land use and land use patterns can occur.
The provisions of this Article shall apply to lands in the Town, outside of incorporated villages superimposed upon the Zoning Map of the Town of North Hempstead and identified as special groundwater protection areas as delineated and adopted on December 10, 1984, by the Nassau County Board of Health pursuant to Article X of the Nassau County Public Health Ordinance.
As used in this Article, the following terms
shall have the meanings indicated:
Any action to change, interfere with or otherwise destroy
natural vegetation beyond reasonable management purposes.
Areas of vegetation cultivated by man, which require irrigation
or the application of fertilizers, pesticides, herbicides or other
substances in order to grow or maintain their existence.
Any substance containing one or more recognized plant nutrients,
which is used for its plant nutrient content and which is designed
for use or claimed to have value in promoting plant growth.
Any substance used to destroy or inhibit plant growth.
Existing and/or naturally occurring indigenous vegetation
which grows and is maintained without need of irrigation or applications
of pesticides, herbicides or other substances.
Any substance used to destroy or inhibit pests such as rodents
and insects.
Any parcel of real property capable of subdivision pursuant
to all applicable requirements.
The number of lots permitted had the land been subdivided
into buildable lots conforming to the minimum lot size and density
requirements set forth in this chapter. Said lots shall conform to
all other applicable requirements not modified by the cluster application.
A buildable lot is that which may be developed as of right, in a safe
and sound manner, without further legal application and which is without
geological or topographic impediments to construction.
A.
Lands within the overlay district are designated critical
environmental areas pursuant to the State Environmental Quality Review
Act. (See § 8-0101 of the Environmental Conservation Law.)
B.
The establishment of this district shall not act to
nullify any provision of this Town Code. Except as expressly noted
herein, the provisions of this Article shall provide regulations for
the area it includes which shall be in addition to the established
zoning for that area.
C.
Whenever the provisions of any other statute, law,
rule or regulation impose more protective standards to protect the
environment within SGPA's, said more protective standard should govern.
D.
The Town recognizes the necessity of a consistency
review between an application pursuant to this Article and an SGPA
plan which has been certified by the New York State Department of
Environmental Conservation. The Town Board shall be officially advised
by the Planning Department of any instances where the application
is inconsistent with the SGPA plan and where the SGPA would require
or recommend a higher level of protection or stricter performance
standard than that contained in the applicant's plan.
New development on parcels in a residential
zoning district within the Aquifer Protection Overlay District must
comply with the restrictions and procedures set forth in this section.
A.
Yield and lot site.
(1)
Yield shall be determined based on five or more
acres per dwelling unit or other permitted primary building, based
on a yield map which conforms to applicable requirements for conventional
subdivision.
(2)
The Town Board hereby implements cluster zoning pursuant to its zoning powers under the Town Law and the Municipal Home Rule Law. Residential lots determined in accordance with the yield required under Subsection A(1) of this section shall be clustered so that each lot has a maximum area of one acre.
B.
Procedure for subdivision. The subdivision of parcels
shall be in accordance with the procedures and requirements of this
section.
(1)
Subdivision application. The applicant shall
present to the Nassau County Planning Commission a preliminary drawing
outlining both the yield under conventional subdivision criteria and
the proposed, mandated cluster development. The conventional yield
map will conform to applicable requirements, including roadways, recharge
basins and other infrastructure requirements. The application shall
also contain an accurate survey depicting acreage, topography, vegetation,
surface water and improvements and any other natural or man-made characteristics
known to exist.
(2)
Prepreliminary meeting. Within 30 days of submission
of the subdivision application, the Nassau County Planning Commission
shall schedule a meeting between representatives of the Town, the
applicant and the County Planning Commission. The applicant shall
be prepared to discuss types of housing units to be constructed, methods
of preserving open space, density and efficient means of providing
utilities and services to future residences. Any directives issued
shall be presented to the applicant within 30 days of the preliminary
meeting.
(3)
Evaluation of the revised proposal. The applicant
may then present the County Planning Commission with a proposal in
accordance with the directives and recommendations obtained from the
prepreliminary meeting. Within 30 days of the submission of a prepreliminary
layout, representatives of the Town and the Commission shall meet
and determine whether the applicant shall be authorized to proceed
with a preliminary subdivision. The applicant may or may not be required
to attend this meeting. This authorization to proceed does not in
any way constitute any approval but will direct the applicant to submit
a clustered plan.
(4)
Preliminary filing. The applicant shall file simultaneously with the Town and the County Planning Commission the necessary drawings and pay any required fees for Town Board review and County Planning Commission subdivision approval. These drawings shall be in accordance with the provisions of this chapter for site plan review (§ 70-219), Section 1610 of the County Government Law of Nassau County and the subdivision regulations of Nassau County and shall include a site disturbance plan in accordance with Subsections D and E of this section. A listing of any modifications from this chapter and a draft agreement to preserve and maintain the undeveloped spaces in perpetuity (as required by Subsection C of this section) shall also be filed with the Town and county.
(5)
Town Board public hearing. Upon preliminary filing and review by Town officials to determine compliance with this chapter, the Town Board shall schedule a public hearing to consider Town Board approval of the cluster subdivision plan. The applicant shall publish notice of such hearing in conformity with § 70-219 of this chapter. After the public hearing, the Town Board may approve, modify or disapprove the proposed site plan. The criteria for review by the Town Board shall be whether the requirements of this Article are satisfied; whether the intent and objectives of this Article are furthered by the proposed site plan; and the review standards set forth in § 70-219C of this chapter for site plan review which are applicable to residential development.
(6)
A Town Board decision. A Town Board decision
approving or approving with modifications a proposed clustered subdivision
shall establish the density of the parcel, the height of structures,
the type of structure, the front, rear and side yard requirements,
the width of lots, the percentage of lot covered, off-street parking
and any other stipulations it deems appropriate, including an agreement
on open space preservation and maintenance. The Town Board, as a condition
of plat approval, may establish such conditions on the ownership,
use and maintenance of park, recreation or other open space areas
as it deems necessary to assure the preservation of such lands for
their intended purposes and in accordance with the requirements of
this Article. The Town Board site plan approval shall be valid for
one year, except that the Town Board may, by resolution, grant an
extension of time where, in its sole discretion, there appear to be
extenuating circumstances warranting said extension.
(7)
County Planning Commission approval. After approval
of a site plan by the Town Board, the applicant shall proceed with
preliminary and final approvals by the Nassau County Planning Commission
in accordance with Section 1610 of the County Government Law of Nassau
County and the subdivision requirements of Nassau County.
(8)
Additional filing requirements. The applicant
shall file zoning modifications and agreements with the Town and County
Clerks. Deeds for any lands dedicated to a municipality shall be filed
simultaneously with the County Clerk. Two duplicate tracings and two
copies of all agreements shall be filed with the Nassau County Planning
Commission. The map shall contain the signature of the Town Supervisor
attesting to any modifications.
(9)
The provisions of this section shall not be
construed to authorize any changes in the permissible uses of a parcel
as provided in the zoning district in this chapter applicable to such
parcel.
C.
Open space. Those portions of the tract which are not within building lots established under Subsection A and are not necessary for infrastructure shall be maintained as open space, as follows:
(1)
With respect to at least 80% of the tract being subdivided, not including areas utilized for infrastructure, the open space must be left in its natural state and not be fertilized or irrigated; and uses for such open space are limited to recreational uses, such as wooded park areas, bridle paths, hiking trails, nature walks or other passive recreational uses. If the building lots established under Subsection A are each one acre in area, then all the open space shall be subject to these restrictions.
(2)
Other portions of the open space, if any (i.e., such areas which could have been sited within the building lots established under Subsection A of this section but which are not within such lots), may be utilized for common recreation areas, such as swimming or tennis, as may be permitted uses for individual property owners in the applicable residential zoning districts.
(3)
Property owners' association.
(a)
All or portions of the open space may be dedicated
to the Town of North Hempstead or to Nassau County. If the open space
is not to be dedicated to the Town or the county or to an approved
private conservation corporation, the applicant must, simultaneously
with the filing of the map, establish a property owners' association
or neighborhood corporation embracing all property owners within the
map and providing for adequate contributions for maintenance of said
open space or otherwise make satisfactory actual provisions with regard
to the maintenance of said open space.
(b)
If a property owners' association is selected
as the method of maintenance of the open space to be preserved, the
following must be adhered to:
[1]
The property owners' association must be set
up before the lots are sold.
[2]
Membership must be mandatory for each lot buyer
and any successive buyer or each lot created must be legally required,
by duly filed covenants and restrictions, to pay to the property owners'
association a yearly fee to be used for maintenance of the open space.
[3]
The open space restrictions set forth in this
Article must be contained in covenants in the deeds in perpetuity,
not just for a given number of years.
[4]
The association must be responsible for liability
insurance, local taxes and the maintenance of recreational and other
facilities.
[5]
Property owners must pay their pro rata share
of the cost, and the assessment levied by the association can become
a lien on the property.
[6]
The association must be able to adjust the assessment
to meet changed needs.
[7]
The applicant shall make a conditional offer
of dedication, binding upon the property owners' association, for
all open space to be conveyed to the association, such offer to be
accepted by the Town, should it so choose, upon the failure of the
property owners' association to take title to the open space from
the applicant or other current owner or upon dissolution of the association
at any future time.
D.
Clearing restrictions. Clearing restrictions are necessary
within the Aquifer Protection Overlay District in order to ensure
maximum water recharge and to minimize the use of fertilized vegetation.
Vegetation located on the tract prior to its development as per the
site plan shall be preserved to the maximum extent possible, consistent
with the following parameters:
(1)
The natural or existing vegetation on a lot
or tract in the overlay district shall not be disturbed until such
time that a building permit is received.
(2)
Subdivision plans for all development within
residential areas in the overlay district must include a site disturbance
plan as provided below:
(a)
The site disturbance plan shall be based on
a recent survey of the subject parcel, at a minimum scale of one inch
equals 40 feet or at a scale found sufficient by the Planning Department
for review purposes. The plan shall depict the existing vegetated
areas qualitatively and quantitatively and the areas proposed to be
disturbed, if any. A recent aerial photograph at the same scale may
be substituted, provided that the property boundaries and the areas
proposed to be disturbed are superimposed.
(b)
The Town Board may approve the plan or approve it with modifications or conditions. This action will be part of the overall process set forth in Subsection B of this section. The Town Board may also disapprove the plan if the disturbance is not consistent with the intent of the provisions of this chapter or if the purpose of the disturbance is for future development which has not yet been approved by the Town.
(c)
If restoration or revegetation is required on
any site disturbance plan, the Town Board may require the applicant
to post a performance bond in an amount equal to the estimated cost
of restoring the disturbed areas to their previous state. The term
of said performance bond shall not exceed a period of one year, and
the bond shall not be released until written notification is received
from the Town Board that the disturbance has been satisfactorily completed
in accordance with the approved plan.
(3)
Notwithstanding the previous provisions, special
exemptions may be granted by the Town Board to allow a greater disturbance
of the natural vegetation, provided that the use is consistent with
the intent and policies of the overlay district and that a revegetation
program which protects the aquifer is incorporated into the project
design.
E.
Developed space. This section applies to the lots
on which the residences will be sited and which are thus not part
of the open space.
(1)
A site disturbance plan for this portion of
the site as described in the prior section will be required. Natural
vegetation shall not be disturbed until such time that a building
permit is received.
(2)
This site disturbance plan is approved or disapproved
at the same time as the cluster subdivision plan and must conform
to the intent of the provisions of this chapter. Site disturbance
must be based on a defined development need for this portion of the
site. Every effort shall be made to preserve mature and specimen trees
as the development is sited.
(3)
The Commissioner of Planning shall study and
make recommendations to the Town Board, from time to time, with respect
to further restrictions applicable to the developed space so as to
ensure that the objectives of this Article are fully met.
New construction in any nonresidential district
within this Aquifer Protection Overlay District shall conform to the
standards in this section.
A.
All buildings shall be connected to a central sewer
system prior to occupancy.
B.
Leaktight designs shall be used in sanitary sewer
construction to minimize stormwater and groundwater infiltration and
contamination.
[Added 5-19-1998 by L.L. No. 10-1998]
The following uses are prohibited:
Fees for Town Board Review of a clustered subdivision
plan as set forth in this section shall be as follows:
In the event that any section or provision of
this article is declared to be invalid by a court of competent jurisdiction,
the validity of the article as a whole or any part thereof shall not
be affected thereby.
