[Added 3-15-2012 by L.L. No. 1-2012]
Assisted living facilities shall be subject to the following
requirements, notwithstanding any other provisions of this chapter:
A.
Purpose. This use is established for permitting the establishment
of a specialized, assisted living development for the elderly. In
such development, accommodation can be made for the range of needs
of those elderly who neither want nor need placement in a hospital
or nursing home. Assisted living facilities shall be designed to achieve
compatibility with their surroundings and to encourage orderly and
well-planned development. Assisted living facility developments shall
be of a scale and location that will make it feasible to construct
a comprehensive package of supporting utilities, services and facilities
so as to achieve development which is environmentally, physically,
visually and economically sound.
B.
ASSISTED LIVING FACILITY
Definitions. As used in this article, the following terms shall have
the meanings indicated:
A facility licensed by the New York State Department of Health
to provide assisted living services, which in addition to congregate
care services typically include supervision, individual case management,
assistance with daily life activities and assistance with medication.
C.
Conflicting standards. Where the requirements of this article impose
a different restriction or requirement than imposed by other sections
of the Code of the Village of Lake Grove, other applicable rules or
regulations, the requirements of this article shall prevail to the
extent same is permitted by law. In the event a state, town, county
or other local law is deemed to supersede this article, then the state,
town, county or other local law shall prevail.
D.
Severability. The invalidity of any word, section, clause, paragraph,
sentence, part or provision of this article shall not affect the validity
of any other part of this article that can be given effect without
such invalid part or parts.
E.
Effective date. This article shall take effect immediately upon its
adoption and filing with the Secretary of State.
In an Assisted Living Residence District, the following regulations
shall apply.
A.
A building may be erected and premises may be used only for the purposes
set forth in this section.
B.
Nothing contained herein shall be construed to give any right or
presumption of right to any applicant. Such a special use shall not
be issued unless the Board of Trustees has made a determination that
such a use is warranted under the standards of this article. Moreover,
for an assisted living facility, the applicant shall provide to the
Board, in addition to any other required information, any requested
and necessary information concerning the operator of said facility,
including but not limited to name; address; telephone number; state
and date of incorporation, if a corporation; name and address of officers
and/or managing principals; name and address of owners and principals,
except that, in the case of a corporation, only the name of shareholders
holding more than ten-percent ownership interest need be provided;
prior experience in the operation of such facilities; and a listing
of any administrative or judicial proceedings pending or instituted
within the prior seven years relating to the construction or operation
of such a facility by the operator or its officers or principals.
It shall be a specific condition of an assisted living facility that
the facility be constructed and operated in compliance with all applicable
governmental licensing requirements.
C.
Permitted accessory uses. The following accessory uses shall be permitted
in conjunction with an assisted living facility.
A.
The minimum lot size shall be six acres unless otherwise approved
by the Lake Grove Village Board.
B.
Maximum density: The number of dwelling units shall not exceed 25
dwelling units per acre. A dwelling unit shall consist of a studio,
one bedroom or two bedrooms in design.
C.
The minimum lot width shall be 500 feet, and the minimum lot depth
shall be 250 feet.
A.
There shall be a front yard with a depth of not less than 40 feet;
a rear yard, the depth of which shall not be less than 80 feet; and
a side yard on every other side of the lot, the depth of which side
yard shall not be less than 25 feet.
B.
Encroachments in rear yard, side yard or side yard street frontage:
Gazebos, colonnades, arbors or other similar decorative architectural
features shall only be permitted as approved by the Village.
D.
Where a property is a corner lot, only one front yard shall be required.
That front yard shall be determined as being the yard fronting on
the street of greater site dimension. The other frontage shall be
considered to be a side yard.
A.
No assisted living facility shall exceed three stories with a maximum
height of 35 feet, except that height limitations shall not apply
to chimneys, ventilators, skylights, water tanks, bulkheads or similar
features, mechanical appurtenances usually carried above roof level.
However, such feature shall be erected only to a height necessary
to accomplish the purpose it is intended to serve.
B.
The total area covered by such features exempted from the height
limit shall not exceed, in cross-sectional area, 25% of the area of
the roof on which they are located, as close to the center as possible.
C.
All such features shall be screened and designed in harmony with
the main walls of the building on which they are located so as not
to be visible.
D.
Any and all antennas above the height restriction level must be approved
by the Lake Grove Village Board.
A.
Outdoor recreational space shall include, but not be limited to,
pools, strolling gardens, walking paths, bocce courts, putting greens,
shuffle board, gardens, and similar amenities.
B.
Every lot used in whole or in part for an assisted living facility
shall have a minimum of 5% of the lot area of open space allotted,
designed appropriately, developed and maintained for recreational
use of the occupants of the facility.
C.
Such open space shall be of such location and dimension that it is
in fact usable by the occupants of the facility for recreation.
D.
No recreational space shall be located in any required front yard.
E.
Recreational open space shall be at least 15 feet away from any adjoining
buffer area, which 15 feet shall be screened with evergreen planting
of such height, spacing and type as approved by the Planning Board
and shall be maintained in good condition throughout the life of the
use of the lot.
No assisted living facility shall cover more than 25% of lot
area at ground level.
A.
Except for parking areas, driveways and sidewalks, pool, bocce, walkway
path, gazebos, terrace, shuffleboard, as approved by the Lake Grove
Village Planning Board, on the site plan hereinafter provided, all
other areas shall be lawn, landscaped areas and/or left in a natural
state.
B.
Any lawns and other landscaped areas shall be equipped with adequate
underground watering systems and shall be utilized to the extent as
may be required to keep all shrubberies, trees and/or plantings in
accordance with the site plan.
A.
Definition. Land maintained in either a natural or landscaped state
and used to screen and/or mitigate the impacts of development on surrounding
areas, properties or rights-of-way to protect property.
B.
Any outdoor parking areas abutting residential areas shall be screened
with evergreen plantings of such heights, space and type as shall
be approved by the Lake Grove Planning Board, and there shall be such
planting of trees within the parking area as will assist in screening
the overall of such parking area from the surrounding residential
areas. The buffer strip shall not be less than 10 feet in depth and
shall contain a fence six feet in height along the buffer area with
the finished side facing the more restrictive/residential area.
C.
Required buffers. Along a side yard street frontage and when abutting
residential property lines, a planted buffer area 10 feet in depth
shall be provided. Parking shall be permitted in a side yard street
frontage but not within the required buffer zone.
All exterior lighting shall be of such type and location and
shall have such shading as will prevent the source of the light from
being seen from any adjacent property or from the street and shall
be contained within the perimeters of the property boundaries.
No assisted living facility provided for herein shall be permitted
unless an independent sewage disposal facility approved by the Suffolk
County Department of Health is constructed for the sanitary disposal
of sewage of such building. Stormwater/rainwater disposal shall conform
to the Village of Lake Grove standards or town, county or state standards,
whichever is most stringent.
Rubbish and garbage disposal facilities must be approved by
the Lake Grove Village Planning Board. Dumpsters must be screened,
fenced and/or walled to restrict sight, smell and sound. Removal shall
take place not less than three times weekly, between the hours of
9:00 a.m. and 5:00 p.m. so as not to create a nuisance to adjoining
property owners.
