[Effective 12-10-1979]
This article shall be known and cited as the "Cluster Residence
Districts (CR) Article."
A.
The purpose of the article is to provide for planned cluster residential
development affording greater flexibility and variety than traditional
zoning districts. Such development will require the establishment
of one or more districts. More particularly, such districts will provide
a means of encouraging imaginative designs, consolidation and use
of open space, separation of pedestrian and vehicular traffic and
project amenities. These things will advance the Town's long-established
and continuing policy of encouraging home ownership. These also present
the best means of home ownership at a lower cost in the face of the
climbing costs of land, construction, loans, operation and maintenance,
and to provide for the changing needs of town residents.
B.
At the outset, it is proposed to establish one such district. As
time goes on, additional similar districts may be warranted because
of the size of the Town, the scarcity of vacant land and the varying
circumstances of its numerous communities and neighborhoods. Additional
districts will permit development at different densities and sizes.
However, it is intended that densities shall remain low in order to
preserve the suburban character of the Town.
C.
The Condominium Law of the State of New York (Real Property Law,
Article 9-B) provides a legal mechanism and structure suitable for
the implementation of cluster residential development, beginning with
the initiation of the development and continuing through its life.
D.
This article, in combination with the Condominium Act. is intended
to provide a framework to accomplish these purposes.
E.
The Town Board finds that the creation of this zoning district is
in the public interest and that the provisions of this district are
in the interest of the protection and promotion of the public health,
general welfare and safety of the residents of the Town of Hempstead.
The application of this district to a specific plot shall be made
only after reasonable consideration is given to, among other things,
the character of the district. its suitability for the use, the desire
to conserve the economic value of other properties in the neighborhood,
and encouraging the most appropriate use of lands, including the development
of a property in such a way as to enhance its natural features. The
application of this district to a specific plot shall be made only
after it has been determined to be compatible with other land uses
in the area and the character of the community.
The provisions of this article shall apply to the CR Cluster
Residence Districts (CR), which may be developed within the B Residence
Districts and the Business Districts upon approval of the Town Board
under the provisions set forth herein.
The tract of land to be developed shall be in one ownership
and shall be developed under unified direction and control as a single
architectural project.
For the purpose of this article, certain terms or words have
meanings not necessarily applicable to other sections of this ordinance
and shall be interpreted or defined as follows:
A subordinate building used in conjunction with the principal
buildings on the plot, and shall be limited to garages for the parking
of automobiles, buildings used for the purposes of common recreation
facilities and maintenance buildings.
The land within the development areas, the grade of which
is four feet above mean sea level, Nassau County datum, is not defined
as tidal wetlands in Article 25 of the Environmental Conservation
Law of the State of New York and is not otherwise restricted by other
provisions of law.
A group of principal buildings around a common element, designed
with the intention of providing larger open spaces elsewhere on the
same plot.
Those lands, structures, portions of structures, facilities
or partial interests therein the ownership and enjoyment of which
are shared by all members of an association, corporation or other
grouping of interested parties.
A form of ownership interest in dwelling units and other
facilities acquired pursuant to Article 9-B of the Real Property Law
of the State of New York.
The gross area of the development after deduction of the
areas to be dedicated for public streets and without deduction for
any internal areas whatsoever.
The area of the development after deduction of areas to be
dedicated or designated for public use of access, or restricted from
development to preserve specifically identified natural features.
The parcel of land to be conveyed to the unit owner as provided
by the Condominium Act.
That part of the buildable land, as defined in this article,
of a condominium development which is devoted to outdoor recreational
space and landscaping, and shall not include areas devoted to roadways
or parking facilities, and shall be accessible to and available to
all residents of the condominium development.
Those buildings containing dwelling units.
Internal traffic accessways not to be dedicated for public
streets.
A row dwelling consisting of one-family dwelling units for
families living independently of another family, with individual access
to utility services, separated from other units by a party wall and
intended to be held in single and separate ownership from adjoining
units.
A.
In interpreting and applying the provisions of this article, the
rules of interpretation applicable to remedial legislation shall be
used so that the spirit and intent of this article shall be observed.
B.
In the event of a conflict between this and other existing provisions
of this ordinance, the provisions of the more restrictive Article
shall control.
If any clause, sentence, section, paragraph or provision of
this article shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this article, but shall be confined in its operation
to the clause, sentence, section, paragraph or provision directly
involved in the controversy in which such judgment shall be made.
A.
An application for a change of zone to a CR District shall be filed
in writing with the Town Board and shall be accompanied by a plan
which shall conform to the regulations and procedures of this article.
In addition to any other requirements, the application shall be made
and verified by either the fee owner or contract vendee of all premises
described in the application. If made by a contract vendee, the consent
of the owner of the fee shall accompany the application consenting
to and joining in the request for approval of the application. The
application shall also contain a written statement which sets forth
the proposed treatment of any open land section of the site, the proposed
method or type of ownership thereof, and the designation of responsibility
for its maintenance.
B.
The application shall contain a statement and maps fully setting
forth proposals for developing the overall project in stages, including
but limited to the order of construction, location, and number of
units by type.
C.
The application shall be accompanied by a general site plan providing sufficient information to allow the Town Board to meet the review requirements of § 155 of this article. The site plan shall be prepared at a scale of not less than one inch equals 100 feet, but in any case, at such a scale as to show sufficient detail, with supporting maps at such scales as necessary to clearly indicate the following, in addition to all data and information to meet the rules and regulations for approval of site plans for § 305 of the Town of Hempstead Building Zone Ordinance:
(1)
Topography of the site at a contour interval no greater than two
feet; existing major trees and landscape and environmental features,
existing easements, covenants, public rights-of-way, and all other
restrictions.
(2)
Existing property boundary lines, setbacks and location of proposed
structures.
(3)
Outline of proposed building perimeters, including elevation of basement
and cellar areas at doorway openings; first-floor elevations and roof
elevations.
(4)
Proposed topography, including elevations at corners of buildings,
parking areas, and grades of other significant construction areas.
(5)
Proposed building configuration, which shall show, for townhouses,
staggered rooflines and front facades.
(6)
Proposed treatment of exterior building surfaces.
(7)
Height of all buildings and structures.
(8)
Location, nature and ownership of all proposed streets and parking
areas.
(9)
Adjoining streets, access roads and walkways.
(10)
Method of vehicular and pedestrian ingress and egress, including
necessary off-site improvements and emergency access.
(11)
Proposed landscaping, recreation facilities, fencing and exterior
lighting.
(12)
Proposed methods of preserving views and vistas from and through
the site; and protection and enhancement of these and other environmental
features.
(13)
Proposed grading of the plot to include the disposal of surface
water drainage and to indicate by report or map the effect of development
on surrounding area drainage patterns.
(14)
A table showing the following data, both required and proposed:
site size, number of units by bedroom count, floor area and land area;
parking spaces, coverage, height and common facilities.
(15)
General methods of providing for collection and disposal of
stormwater runoff and for handling sanitary sewage, refuse or other
waste.
(16)
Provision of municipal services.
D.
In addition, the site plan shall be accompanied by sketches showing
proposed architectural treatment; single-line floor plans showing
layout of all buildings, and the text of all filed or proposed restrictions
on the use of the land and buildings. The applicant shall submit a
general statement describing the type of development proposed, which
shall include a description of the proposed management and ownership
of the various elements of the condominium development, including:
E.
The applicant shall submit any other information deemed by the Town
Board to be necessary to a reasonable determination of the application.
Such information shall be provided by the applicant.
A.
Any application made pursuant to the provisions of this article shall
originate by an application to the Town Board.
B.
An application for inclusion of any premises in any district created by this article shall be submitted in accordance with Article XXVI of this Building Zone Ordinance. Site plans and statements, as required by § 305 of this Building Zone Ordinance and by this article, shall accompany such application. All applications shall provide for development and continued ownership and maintenance under the Condominium Act; further, the Town shall have the right to enter upon the open space and common elements to make inspections for compliance with the safeguards and conditions imposed by the Town Board in connection with site plan approval and with applicable provisions of law.
C.
In the event that the Town Board approves said application, it may
attach certain conditions to said approval, which conditions shall
become an integral part thereof. The Town Board may dispense in whole
or in part with conformity with the provisions applicable to this
district, and may impose safeguards and conditions as it may deem
appropriate, necessary or desirable to provide the spirit and objectives
of this article.
A.
On the filing of the detailed building plans and specifications with the Building Inspector, there shall be deposited with the Town a fee established in accordance with the provisions of Article XXVI of this ordinance and Chapter 86 of the Code of the Town of Hempstead.
B.
No modification, or any change in the general location, layout and
character of the project, including all elements of the approved site
plan which shall include the architectural designs and arrangements
of all buildings, as shown in the plans and specifications of the
buildings and structures as approved, or in any of the other conditions
set forth in the approval; shall be permitted without approval of
the Town Board.
C.
The failure to make application for a building permit within one
year after approval by the Town Board of the CR District designation,
or the failure to complete construction as set forth in said building
permit within two years after the issuance thereof, shall be deemed
to be an abandonment. Application for an extension of time may be
approved by the Town Board subject to appropriate conditions and safeguards.
If the project is deemed to be abandoned by virtue of the provisions
above, all rights heretofore granted with respect to the CR approval
shall terminate, and the requirements for development under the prior
zoning district shall apply.
D.
A certificate of occupancy shall not be issued for dwelling units
until all of the facilities, buildings and improvements shown upon
the approved site plan have been completed; however, a temporary certificate
of occupancy may be issued when deemed to be appropriate by the Building
Inspector.
A building or structure may be erected, altered or used and
a lot or premises may be used for one or more of the following purposes,
and no other:
A.
Single-family detached dwelling.
B.
Single-family townhouse.
C.
Accessory buildings, subject to limitations and provisos as follows:
(1)
Detached private garages accessory to single-family dwellings on
the same lot are permitted; all other detached private garages are
prohibited.
(2)
Group garages accessory to townhouses shall be integrated architecturally
with the main building; all other group garages accessory to single-family
dwellings and to townhouses are prohibited.
D.
Professional offices located in the same dwelling unit in which the
practitioner resides and incidental to such residential use, provided
that these do not produce noxious or offensive odors, noises or vibrations.
E.
Professional signs no larger than six by twelve (6 x 12) inches,
bearing only the name and occupation of the professional practitioner
residing on the same lot: all other signs are prohibited. These shall
be no more than two signs per practitioner at any two of the following
locations:
F.
Recreational areas and facilities, where provided, shall be for the
sole use of residents of the CR District and their guests, which may
include, subject to the provisions of this ordinance, but is not limited
to: tennis courts, clubhouse, swimming pool and other common area
recreational facilities; and maintenance facilities.
G.
Fences, hedges and shrubbery.
H.
Parking areas constructed, used and maintained as a common element.
I.
Other expressly permitted parking areas.
A.
The gross development area shall not be less than 10 contiguous acres
not traversed by existing streets.
B.
Maximum density shall not exceed four dwelling units per gross developable
acre or eight dwelling units per net developable acre, whichever is
less. In no event shall the number of dwelling units exceed eight
per acre of buildable land as defined in this article.
C.
There shall be not more than eight units in any one building, except,
however, that the Town Board may, as part of site plan approval, modify
this standard to allow improved site development.
The following height limitations shall apply:
A.
Single-family detached dwellings shall not exceed 25 feet in height.
B.
Townhouses shall not exceed 30 feet in height, the measurement of which is set forth in Article I, § 1, the definition of "height of building," except, however, where the mean level of the foundation wall used to determine the ground or first story is below the mean level of the established center-line grade of the street adjacent to the building plot, then this vertical difference shall be added to the required height.
C.
The height of accessory buildings shall be determined upon site plan
approval, but shall not exceed 20 feet.
All buildings, including accessory buildings, shall not cover
more than 20% of the area of the plot.
Setbacks shall be required for all principal and accessory buildings
as follows:
B.
Side yards:
(1)
For single-family detached dwellings, the requirement shall be the
same as the zoning of the site prior to CR in the case of residential
districts: and in the case of Business Districts, the same as in B
Residence.
(2)
For townhouses, not less than 20 feet, except that there shall be
a yard of at least 50 feet at each end of the development area, the
purpose of which is to provide vistas and views and preserve and/or
create open space on the perimeter of the site and for the neighborhood.
The distance between any two principal building structures shall
equal at least the average height of such structures at the point
where such structures are nearest to one another. The distance between
any principal structure and any accessory building, or between two
detached accessory buildings, shall be not less than 20 feet. However,
any other provision notwithstanding, a minimum distance of 60 feet
shall be maintained between the center of any legal window, other
than a legal bathroom or kitchen window, and any wall of the same
or of another structure. the plane of which is parallel to, or which
intersects the plane of, the wall in which said window is located
at an angle of less than 90°, such distance being measured in
horizontal projection at the sill level of said window.
A.
The following encroachments upon required areas are permitted:
(1)
Cornices, eaves, gutters, chimneys or bay windows projecting not
more than 24 inches.
(2)
One-story open porches and terraces not exceeding three feet in height,
projecting not more than six feet only into a front or rear yard.
(3)
One-story enclosed vestibules not greater than six feet wide and
five feet deep, projecting only into a front yard.
B.
In any case where the Board of Appeals, by variance, has permitted
the reduction of a required yard, none of the foregoing encroachments
shall be permitted into such diminished yard.
A.
The area occupied by accessory buildings or structures shall be included
in computing the maximum percentage of the lot area which may be utilized
for buildings.
B.
Outdoor or indoor pools shall be considered accessory structures,
subject to the following requirements:
(1)
All pools shall be shown on the site plan and shall be permitted
by the Town Board only upon making a finding as part of the resolution
granting the zone change that the proposed pool and ancillary equipment
or facilities:
(a)
Will not adversely affect the public health, safety and general
welfare.
(b)
Will be limited to use by members and guests of the condominium
association.
(c)
Will not tend to depreciate the value of the property in the
area immediately adjoining the land being so used.
(d)
Will not tend to alter the essential character of the neighborhood.
(e)
Will not be located so as to be visible to a significant extent
from adjoining residential properties. nor interfere with the use
and enjoyment of adjoining properties.
(f)
No aboveground pools are permitted.
(2)
In order to safeguard the general safety of the community, particularly
the children thereof, and to ensure the public health of the community
generally, the following specific conditions are hereby imposed on
all swimming pools of permanent construction:
(a)
Any electric wiring for lighting or other use, other than for
lighting which is part of and enclosed in the pool structures, shall
not be closer than 15 feet to said pool.
(b)
Said pool shall be located no closer than 20 feet to any cesspool
or dry well (excluding roof leader dry wells) on its own or adjacent
property.
(c)
Any water from a public water supply shall be introduced into
a swimming pool by means of a permanent rigid system of piping, and
shall in every manner conform to the New York State Sanitary Code.
(d)
No swimming pool shall have a water capacity in excess of 7,500
gallons without a recirculating and filtering system of sufficient
capacity to meet good public health and engineering practice.
(e)
A permit, when issued, may also have endorsed thereon any such
reasonable rules and regulations for the operation, maintenance and
use of such pool as may be promulgated by the Town Board.
(g)
No part of any pool shall be located within 50 feet of any external
property line, nor within 100 feet of any residence district boundary.
(h)
The fence referred to in Subsection B(2)(f) above shall be erected at least eight feet from the edge of the pool. Said fence shall be at least 45 feet from any property line unless the Town Board shall otherwise direct as part of site plan approval.
(i)
A walkway of at least eight feet in width shall be built on
all sides of the pool.
(j)
All lighting, accessory to said pool, shall be located at a
distance of at least two feet therefrom, and shall not throw any rays
beyond property lines. Underwater lighting may be part of the pool
structure where so designated on the plans submitted to the Town Board.
(k)
No permission shall be granted for the installation of any swimming
pool, unless the plans meet the requirements of §§ 252B
and 253 of this ordinance.
(l)
All applications and the plans submitted in connection therewith
shall indicate the approval of any governmental agency having jurisdiction
of the local water supply.
(m)
Application. The following data shall be submitted at the time
of the application for a permit for the entire development, or may
be submitted at a later date as part of a request for a separate swimming
pool permit:
[1]
The location and size of the swimming pool area.
[2]
The location of all structures and improvements.
[3]
The location of the site in relation to adjacent properties
and buildings.
[4]
The location of all cesspools within 50 feet of the pool or
pool dry wells.
[5]
The size of the pool, including dimensions, design and elevation
thereof, drainage, sewerage, sanitary facilities, safety walkway around
the pool, fences and location thereof in relation to said pool and
property lines.
[6]
The location of all electrical wiring and lines.
[7]
The breakdown of estimated costs used in the application.
(n)
All heaters and filters used in or in connection with the operation
of the pool shall be located and placed not closer than 75 feet from
any and all residence boundaries.
(o)
Any outdoor pool shall be constructed in such manner so as to
permit the pool to be securely covered during such time as the use
of said pool has been seasonally discontinued. The covering of such
pool shall be by cloth or other substance of sufficient strength to
prevent the same from tearing or ripping when a weight of not more
than 175 pounds is placed on any part thereof.
(p)
No change in the location of the pool or any of its equipment,
fixtures or appurtenances, as shown on the application as granted,
shall be made without the express written consent and approval of
the Town Board.
C.
Outdoor or indoor tennis courts shall be considered accessory uses,
subject to the following requirements:
D.
Administrative, management and maintenance space shall be considered
accessory uses.
E.
If, in the judgment of the Town Board, the proposed condominium development
is one that is likely to be occupied by families with children, there
shall be provided by the developer a suitably improved children's
recreation and play facility with an area of not less than 150 square
feet for each unit in the development. Such space shall be deemed
a part of the required open space.
A.
Not less than 20% of the entire tract shall be reserved as common
open space to serve all residents of the development.
B.
The plan and layout of such open space and any facilities located
therein shall be submitted to the Town Board for approval, which approval
shall be contingent upon the submission by the applicant of such covenants
as the Town Board shall find adequate to assure that the private common
open space shall not be built upon throughout the life of any building
in the development of which it is a part, that continued ownership
and maintenance shall be properly provided for, and that taxes shall
continue to be paid upon the open space or upon the total condominium
of which the open space is a part.
A.
Fences not over four feet in height may be erected only if shown
on the approved site plan, provided that if such fence shall be erected
along any street, the permitted height thereof shall be measured from
the existing elevation of the center line of such street, and provided
further that within a radius of 30 feet of the corner formed by any
intersecting streets, the height of any fences, hedges or shrubberies
measured from the existing elevation of the center line of the abutting
street shall not exceed a height of 2 1/2 feet at any point.
Otherwise, fences may be erected and shall be erected in accordance
with the approved site plan and shall thereafter be properly maintained
at all times.
B.
All fences shall be so erected that the finished surface shall be
visible to adjacent residential zoning district properties.
C.
Any other provision notwithstanding, the Town Board, upon its review
of a site plan, may waive or alter fence requirements in the interest
of improved building or site design and when it determines that such
waiver will contribute to the livability and design quality of the
project.
A.
Not less than two parking spaces shall be provided for each dwelling
unit, of which at least one shall be located within the principal
structure with the balance provided in a parking area as a common
element, within a reasonable distance, as shown on the site plan.
B.
Not less than four additional parking spaces shall be provided for
each professional office, in a location convenient to the professional
office, and shall be shown on the site plan.
C.
All garages shall be architecturally compatible with the principal
buildings. Detached single-car garages shall not be permitted for
townhouses. Where garages are provided in separate accessory structures,
each such structure may not exceed a total capacity of eight cars.
D.
All parking spaces, whether open or closed, shall be restricted to
the parking of currently registered private passenger vehicles.
E.
All parking areas shall be paved and all parking spaces shall be
individually identified by means of pavement markings.
F.
Wherever a parking lot abuts on any street, the entire street frontage,
except at points of ingress and egress, shall be screened with a thick
hedge, fence or wall of a material and design acceptable to the Town
Board. Such hedge, fence or wall shall have a height above grade of
not less than 30 inches.
G.
All parking lots shall be lighted from sunset to sunrise at an intensity
not in excess of five footcandles nor less than 1.5 footcandles at
pavement level. The installation of such lighting shall be so hooded
or shielded as to reflect the light away from abutting or neighboring
streets and properties.
H.
No parking spaces shall be installed or maintained on any plot or
lot in the required front yard, except when permitted by the Town
Board.
The entire plot of any condominium development, except for areas
covered by buildings or parking or service areas, shall be suitably
landscaped and properly maintained. Wherever any lot abuts the boundary
of a one-family residence, there shall be provided a densely planted
evergreen screen with an initial height of six feet. A landscaping
plan and planting schedule (using common names) prepared by a landscape
architect shall be submitted with the site plan and shall be subject
to review in the same manner as the site plan.
Adequate provision shall be made on the premises for safe and
convenient storage and removal of garbage and refuse located and screened
in accordance with the approved site plan. Containers shall be housed
in a roofed structure or structures enclosed on three sides, of material
that is architecturally compatible with the principal buildings.
All service areas shall be screened at all times of the year
in accordance with screening shown on the site plan.
