[Added 5-26-1981; amended 8-25-1981]
A.
It is the intent of the City of Glen Cove to encourage
the maximum reasonable conservation and effective use of residential
land, and encourage innovations in residential development so that
the growing demands for housing may be met by variety in type, design
and siting of dwellings. These objectives cannot always be achieved
as well as possible through the use of traditional bulk and use zoning
and subdivision regulations, the application of which to substantial
and/or physically unusual tracts of land may preclude the City from
taking full advantage of the most advanced techniques of land development.
Further, among the City's planning objectives are the following:
(1)
An increase in choices of housing types.
(2)
More usable open space and recreation areas.
(3)
Preservation of trees and outstanding natural topographic
and ecological features, and prevention of soil erosion.
(4)
A smaller network of utilities and streets to lower
construction and maintenance costs.
(5)
A more desirable environment.
(6)
A development pattern in harmony with the Master Plan
and Vacant Land Study objectives of the City.
B.
The Planning Board has found, in its review of subdivision
proposals, that the aforementioned objectives often can be achieved
best by permitting some flexibility in the application of certain
specific provisions of this Zoning Chapter to residential properties
sought to be subdivided, without changing the density or percentage
of land coverage permitted in the zoning district within which the
property lies.
C.
In § 37 of the General City Law, the State
Legislature has heretofore granted authority to the City Council to
empower the Planning Board of the City of Glen Cove to make certain
kinds of reasonable changes in zoning regulations in connection with
approvals of subdivision plats.
A.
The City Council, as the legislative body of the City
of Glen Cove, desires to exercise the authority conferred upon it
by § 37 of the General City Law and hereby empowers the
Planning Board of the City of Glen Cove to consider, subject to conditions
herein set forth, simultaneously with the consideration of any subdivision
plat, and to approve, where appropriate, reasonable modifications
or changes in the zoning regulations contained in the Zoning Chapter
of the Code of the City of Glen Cove, provided that such modifications
or changes shall not result in a greater average density of dwelling
units or cover of the land with buildings, with respect to the land
sought to be subdivided, than is permitted in the zoning district
wherein such land lies, as shown on the official Zoning Map of the
City of Glen Cove.
B.
The purpose of such grant of authority to the Planning
Board is to enable and encourage flexibility of design and development
of land in such a manner as to promote the most appropriate use of
land, to facilitate the adequate and economical provisions for streets
and utilities and to preserve the natural, environmental and scenic
qualities of open lands.
The power hereby granted to the Planning Board
shall be subject to the following conditions and limitations:
A.
This authority may be exercised only with respect
to parcels of land of 10 acres or more located in R-1 and R-2 Districts
and parcels of 2.5 acres or more located in R-3, R-3A, R-4 and R-4B
Districts.
[Amended 7-23-2002]
B.
In order to approve the modifications or changes in
the zoning regulations described above, the Planning Board must make
a finding that the strict application of the lot and bulk provisions
of this Zoning Chapter to the land sought to be subdivided will not
be consistent with the objectives set forth in this chapter. The Planning
Board shall take into consideration:
(1)
The open space benefits to be gained by the community.
(2)
The specific design and/or layout of the proposed
subdivision.
(3)
The nature of the topography.
(4)
The purpose for which the open space is intended to
be used (whether it is to provide formal or informal recreation, to
provide scenic views or to preserve a unique ecological area).
(5)
The nature of adjacent areas.
(6)
The proper screening and/or buffering of the units
and/or homes from adjacent areas.
C.
In addition to submitting a proposed average density
development plan or open space subdivision plan the applicant shall
submit a conventional subdivision plan, conforming to all normally
applicable requirements of the Glen Cove Zoning Chapter and Subdivision
Regulations.[1] The Planning Board shall use such conventional plan as
a basis for determining the maximum number of dwelling units permissible
on the site under the conventional approach, which shall also be the
maximum to be permitted in the average density development plan.
D.
All dwelling units located in the proposed average
density development for R-1, R-2, R-3 and R-3A Zones shall be single-family
detached structures or single-family attached houses or townhouses,
not to exceed five dwelling units or one cluster or group of attached
dwelling units; within the R-4 Zone, no structure may exceed 150 feet
in length. No attached dwelling unit or accessory structure may be
located closer than 100 feet to adjoining property line in an R-1
District or closer than 75 feet to an adjoining property line in an
R-2 District or closer than 30 feet to an adjoining property line
in an R-3, R-3A, R-4 or R-4B District. These aforementioned buffers
may be varied up to 35% by the Planning Board if in the Board's judgment
the characteristics of the property warrant the variation in order
to achieve the objectives of the section. Single-family detached units
shall meet the requirements of the zoning districts in which they
are located.
[Amended 5-10-1983; 9-13-1983; 7-23-2002]
E.
The application for approval of the proposed average
density development plan or open space subdivision plan shall be accompanied
by a statement specifically setting forth:
(1)
The nature of the requested modifications or changes
of existing zoning provisions.
(2)
The location of the open space, building plots, streets,
trails, site easements and recreational facilities.
(3)
The purpose for which the open space to be created
is intended to be used, improved and maintained.
(4)
Any other additional information and requirements
as determined to be necessary by the Planning Board.
F.
In any average density development plan or open land subdivision plan, an application for site plan approval shall be submitted to and approved by the Planning Board in accordance with the requirements of Article IV of this chapter.
G.
Nothing contained in this chapter shall relieve the
applicant for approval of a proposed average density development plan
or open space subdivision plan from the obligation of applying for
and obtaining subdivision plat approval in accordance with the Subdivision
Regulations of the City of Glen Cove.[2]
H.
Architectural designs of all structures within the
proposed average density development shall be subject to review and
approval of the Planning Board. The Board's determinations shall be
based upon assuring that new development will blend with and be consistent
with the characteristics of surrounding properties, both in terms
of the natural and built environment. In making such determination,
the Board shall consider architectural style, materials and color.
I.
Since public hearings are required both with respect
to site development plan applications, and also with respect to subdivision
plat applications, the Planning Board may conduct such public hearings
simultaneously and the Planning Board may approve, approve with modifications
or disapprove either or both applications, separately or together.
J.
The Planning Board shall establish such conditions
on the ownership, use and maintenance of the open space created by
the approval of an average density development plan or open space
subdivision plan as it deems necessary to assure the preservation
of such open space for its intended purpose. The open space must either
be dedicated to the City for use as a public facility for recreational
uses, visual amenity and/or nature study, subject to acceptance by
the City of such dedication, or it must be retained by a condominium
corporation or deeded to a homeowners' association comprised of the
residents of the subdivision and reserved for their use, or some other
mechanism acceptable to the City Council must be utilized to assure
the ownership, use and maintenance of the open space for the intended
purpose.
K.
Approval of an average density development plan or
open space subdivision plan shall require and be conditional upon
organization and creation of one of the following entities, for purposes
of assuring maintenance of all common open space:
L.
Any homeowners' association to be approved by the
City Council shall meet the following standards:
(1)
The homeowners' association shall be incorporated
as a not-for-profit corporation under the Not-For-Profit Corporation
Law of the State of New York. Under a recorded instrument of covenants
and restrictions, which shall run with the land, title to all common
open space, recreational areas, garage or open air parking areas for
the common use of residents of more than one single-family detached
dwelling or of a group of attached houses, pedestrianways, access
roads to be dedicated and all other lands and structures for common
use shall be vested in said homeowners' association.
(2)
Every homeowner shall automatically be and become
a member of said homeowners' association, and this requirement shall
be placed in the deed to each unit and shall run with the land or
dwelling. Each homeowner shall have a right and easement of enjoyment
in and to the common areas, and shall be subject to a charge for a
proportionate share of the expenses for the organization's activities,
including the maintenance and operation of the common land and facilities.
Each homeowner shall be subject to a lien, in the event of nonpayment
by the owner thereof, of his or her proportionate share of the expenses
for the association's activities as aforesaid. Dedication of all common
areas to the common use of all of the owners of the property in the
development shall be recorded directly on the subdivision plat or
by reference on the plat to a declaration of covenants and restrictions
in a separately recorded document, in such fashion and by such instrument
as shall reserve the title to the common property to the homeowners'
association, free of any cloud of implied public dedication. Such
deed restriction or covenant shall specifically prohibit any development
of such common areas for other than the purposes for which they are
intended to be used, improved and maintained, as set forth in the
application to the Planning Board for approval of the average density
development plan or in the open space subdivision plan.
M.
Upon plan approval, and prior to signature of the
plat by the appropriate officer of the Planning Board, the applicant
shall file with the City Council a performance bond to ensure the
proper installation of all recreation and park improvement shown on
the site plan and a maintenance bond to ensure the proper maintenance
of all common lands until the home association or other acceptable
organization is established, and until the common areas are conveyed
to such organization or association. The amount and period of said
bond shall be determined by the Planning Board and the form, sufficiency,
manner of execution and surety shall be approved by the City Council.
N.
The charter or certificate of incorporation of such
organization shall contain the following provisions, and notice of
said provisions shall be specifically given in any brochure or prospectus
issued by the developer, namely:
(1)
That such organization shall not be dissolved and
shall not dispose of any common open space or other common elements,
by sale or otherwise, except to an organization conceived and established
to own and maintain such common open space and other common elements
hereinabove referred to.
(2)
That, in the event that the organization established
to own and maintain common open space or other common elements or
any successor organization shall, at any time after title to such
common land and other common elements is conveyed to it, fail to maintain
the common open space and other common elements in reasonable order
and condition in accordance with the plan proposed and in accordance
with standards set forth in other chapters of this Code of the City
of Clen Cove, the Director of Public Works of the City of Glen Cove
may serve written notice upon such organization or upon the residents
of the development, setting forth the manner in which the organization
has failed to maintain the common open space and other common elements
in reasonable condition, and said notice shall include a demand that
such deficiencies of maintenance be cured within 45 days thereof,
and shall state the date and place of a hearing thereon which shall
be held within 45 days of the notice. At such hearing, the City may
grant an extension of time within which the deficiencies shall be
cured. If the deficiencies set forth in the original notice thereof
are not cured within said 45 days or any extension thereof, the City,
in order to preserve the taxable values of the properties within average
density development and to prevent the common open space and other
common elements from becoming a public nuisance, may enter upon said
common open spaces and other common elements and maintain the same
for a period of one year. Said entry and maintenance shall not vest
in the public any rights to use the common open space or other common
elements except if the same is offered for dedication to the public
by the owners and accepted by the City of Glen Cove. Before the expiration
of said year, the City shall, upon its initiative or upon the request
of the organization responsible for the maintenance of the common
open space and other common elements, call a public hearing upon notice
to such organization or to the residents of the development to be
held by the City Council, at which hearing such organization or the
residents of the development shall show cause why such maintenance
by the City shall not, at the election of the City, continue for a
succeeding year. If the City Council shall determine that such organization
is ready and able to maintain said common open space and other common
elements in reasonable condition, the City shall cease to maintain
said common open space and other common elements at the end of said
year. If the City Council shall determine such organization is not
ready and able to maintain such common open space and other common
elements in a reasonable condition, the City may, at its discretion,
continue to maintain said common open space and other common elements
during the next succeeding year and subject to a similar hearing and
determination in each year thereafter. The decision of the City in
any such case shall constitute a final administrative decision subject
to review in accordance with the provisions of Article 78 of the Civil
Practice Law and Rules.
(3)
That the cost of such maintenance by the City shall
be assessed ratably against the properties within the average density
development that have a right of enjoyment of the common open space.
In the event of the failure or refusal of the owners of such property
to pay any such charges when due, the unpaid amount thereof shall
become a lien against such property and, together with interest thereon
from the due date thereof, shall be included in the annual tax levy
of the City upon such property for each fiscal year, and the amount
so levied shall be collected in the same manner as other City taxes.
O.
The Planning Board, in order to ensure that the open
space will be used for its intended purposes, shall have the continuing
right to impose controls and restrictions over the ownership, use
and maintenance of the common open space and other common elements.
