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. Definitions. As used in this article, the following terms shall have
the meanings indicated:
ASSISTED LIVING FACILITY
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.
(1)
Indoor and outdoor recreation for residents and their guests.
(2)
Crafts and hobbies for residents and their guests.
(3)
Living, dining, laundry, security and housekeeping facilities
for common use of residents.
No assisted living facility shall cover more than 25% of lot
area at ground level.
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.