In addition to the general purposes of this chapter as set forth
in § 246-1, the following specific purposes are set forth
for the establishment of residence and nonresidence districts:
5.1.1
Residence districts:
5.1.1.1
To promote and encourage a suitable environment for family life where safe streets, wide yards and quiet neighborhoods
are of paramount importance.
5.1.1.2
To achieve a balanced array of housing types, sizes and densities
meeting the needs of households of varying ages and income levels,
consistent with the character of existing neighborhoods, the need
for protection of the natural environment, and the provision of adequate open space, sunlight and air.
5.1.1.3
To avoid, insofar as possible, commercial and through traffic in
residential neighborhoods.
5.1.1.4
For the R1-10/OHG One-Family Residence District: to preserve the
historical development character of the community, particularly with
respect to the pattern of individual lots having
relatively large yard areas in comparison to the size of the respective
houses, as measured in terms of lot coverage and gross floor area, in relation to what is permitted in the
R1-10 One-Family Residence District.
[Added 8-9-2011 by L.L. No. 2-2011]
5.1.2
Nonresidence districts:
5.1.2.1
For the REC Recreation District — to help assure the preservation
and continuation of existing recreational/open space uses so as to protect the quality and quantity of groundwater recharge, preserve open space and scenic
beauty, reduce flooding, meet important recreational and open
space needs of present and future Town residents and minimize
potential adverse environmental impacts, including groundwater impacts,
which might be associated with the redevelopment of such recreational/open space properties for more intensive use.
[Added 9-21-2004 by L.L. No. 11-2004[1]]
[1]
Editor's Note: This local law also renumbered former Subsections
5.1.2.1 through 5.1.2.9 as 5.1.2.2 through 5.1.2.10, respectively.
5.1.2.2
For the RO Residence-Office District — to allow limited office use with minimal community impact on residential
sites located adjacent to commercial areas.
5.1.2.3
For the OB Office Building District — to provide a low density,
campus-style office environment intended to encourage
the development of modern office buildings in attractive
landscaped settings.
5.1.2.4
For the NB Neighborhood Business District — to provide the
opportunity for the development and maintenance of local-oriented
retail and service business uses, as well as multifamily residence
uses, in or adjacent to the Town's hamlet centers.
5.1.2.5
For the CB Central Business District — to provide the opportunity
for the development of retail, office and service
business uses in appropriate locations within downtown areas and concentrated
areas of commercial development.
5.1.2.6
For the GB General Business District — to provide the opportunity
for the attractive development of retail, office and
service business uses with adequate automobile access and off-street
parking and loading facilities in appropriate locations along major
commercial arteries.
5.1.2.7
For the ORD Office, Research and Development District — to
promote a well-planned, low impact combination of light manufacturing,
research and development, and office uses, with related
business services, in locations which have an established industrial
character but are proximate to established residential areas.
5.1.2.8
For the LI Light Industry District — to provide the opportunity
and encouragement for the development of manufacturing, assembly,
warehousing, research and development, office and
other compatible types of job-creating commercial activities in established
industrial areas in accordance with modern development standards.
5.1.2.9
For the Waterfront-A District — to promote a mix of recreational
and water-dependent marine commercial land uses that are consistent
with the physical, cultural, socioeconomic, and environmental features
of the Town of Oyster Bay's coastal waterfront and which serve to
enhance the accessibility, enjoyment, and utility of these vital areas.
[Added 1-20-2004 by L.L. No. 2-2004]
5.1.2.10
For the Waterfront-B District — to promote a mix of recreational
and water enhanced marine commercial, neighborhood
business, and recreational land uses that are consistent with the
physical, cultural, socioeconomic, and environmental features of the
Town of Oyster Bay's coastal waterfront and which serve to enhance
the accessibility, enjoyment, and utility of these vital areas.
[Added 1-20-2004 by L.L. No. 2-2004]
5.1.3
Overlay districts:
[Added 9-21-2004 by L.L. No. 12-2004]
5.1.3.1
For the APO Aquifer Protection Overlay District — to establish
special standards and procedures regulating the use and development
of land within the Oyster Bay Special Groundwater Protection Area,
as designated by the Nassau County Public Health Ordinance (Article
X) and by the New York State Environmental Conservation Law (Article
55), with the intent of protecting both the quality and quantity of
groundwater, and which regulations are to be in addition to all other
requirements and limitations of the underlying zoning district.
The accompanying Schedule of Use Regulations lists the permitted
uses of land, buildings and structures and indicates in which districts, and subject to what manner of
approval, each is permitted. Any use not specifically listed shall
be deemed to be prohibited, unless the Town Board determines by the
grant of a special permit that such use is of the same general character
as other permitted uses in the district and that such use will not
be detrimental to the district. All uses are subject to the requirements
and conditions set forth in the noted sections (§ ). Any accessory building or use determined by the Department of
Planning and Development to be customarily accessory or incidental
to a permitted principal use shall be a permitted accessory use in the district in which it is located.
[1]
Editor's Note: The Schedule of Use Regulations is included
at the end of § 246-5.
The accompanying Schedule of Dimensional Regulations sets forth
the minimum and maximum dimensional requirements to be met in each
zoning district.
[1]
Editor's Note: The Schedule of Dimensional Regulations is
included at the end of § 246-5.
5.4.1
Conservation subdivisions.
5.4.1.1
Purpose and policy. The Town Board of the Town of Oyster Bay hereby
finds that preservation and protection of groundwater and surface
water resources, natural landforms, existing vegetation and wildlife
habitats will benefit the general health, safety and welfare of present
and future residents. Clustering of residential development in a conservation
subdivision is a proven means of accomplishing this goal. Pursuant
to § 1610 of the County Government Law of Nassau County,
the Town Board and the Nassau County Planning Commission must work
together to establish residential conservation subdivisions.
5.4.1.2
Applicability. All residential subdivision applications for parcels
having an area of five acres or more shall be considered for possible
conservation subdivision.
5.4.1.3
Subdivision application. The developer shall present
to the Nassau County Planning Commission a conceptual drawing outlining
the requested residential subdivision as well as an accurate survey
depicting acreage, topography, vegetation, surface water, improvements
and any other natural or man-made characteristics on the property.
The developer shall also present a sketch conventional
subdivision layout plan conforming to the standards of the zoning
district in which the property is located and also conforming to all
other normally applicable requirements. The purpose of such a conventional
plan shall be to determine the maximum permitted density (lot yield) for the property. A site inspection may be conducted
to determine whether any of the following natural resources exist
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Slopes exceeding 15%.
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Areas with severe soil erosion potential, as defined by the
Nassau County Soil Survey.
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Lands within deepwater recharge areas and/or
the Oyster Bay Special Groundwater Protection Area, as defined by
the County Department of Health.
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Flood hazard areas, as defined by the National Flood Insurance
Program.
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Shallow depth to groundwater, less than 20 feet.
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•
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Tidal and freshwater wetlands, including but
not limited to those wetlands identified and classified
by the New York State Department of Environmental Conservation.
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Land within the Coastal Zone, as defined by the New York State
Department of State.
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•
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Mature woodlands.
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•
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Habitat for rare, unique, threatened, endangered or protected
species of plants and animals, as defined by the New York State Natural
Heritage Program or federal or state law.
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Local topographic phenomena, such as kettleholes, kames and
high points.
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•
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Scenic views, corridors and open space.
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•
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Land adjacent to federal, state or county lands, state parkways,
state and county highways, railroads and Town parks.
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•
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Officially designated local, state or federal historic landmarks.
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•
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Any other characteristics which the Town Board and the County
Planning Commission find a conservation subdivision would serve to
protect.
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5.4.1.4
Conceptual meeting. Within 30 days of receipt of a conceptual or
informal subdivision application, the Nassau County Planning Commission
shall call for a meeting between representatives of the Town Board,
the applicant and the County Planning Commission.
At this time, the applicant's subdivision proposal
and the characteristics of the subject parcel shall be reviewed with
respect to the desirability of use of the conservation subdivision
technique. The Town Board and the County Planning Commission may require
the applicant to design a conservation subdivision.
The applicant should 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
conceptual meeting.
5.4.1.5
Submission of revised proposal. The applicant may
then present the County Planning Commission with a proposal in accordance
with the directives and recommendations resulting from the conceptual
meeting. Within 30 days of the submission of a revised conceptual
layout, representatives of the Town Board 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 as to whether to submit
a plan for a conservation subdivision.
5.4.1.6
Preliminary subdivision application.
5.4.1.6.1
The applicant shall submit simultaneously to
the Town and the County the necessary fees and drawings for a Town
Board public hearing and for County Planning Commission subdivision
approval. These drawings shall be in accordance with Town Board regulations
for a public hearing, § 1610 of the County Government Law
of Nassau County and the Subdivision Regulations of Nassau County.
A listing of all proposed modifications from the requirements of this
chapter and a draft agreement to preserve and maintain the open spaces shall also be submitted to the Town and the
county.
5.4.1.6.2
Preliminary stormwater pollution prevention plan: A preliminary stormwater pollution prevention plan (SWPPP) shall be required for preliminary subdivision plat approval.
The SWPPP shall meet the performance and design criteria and standards
set forth in § 246-4.13.
[Amended 10-16-2012 by L.L. No. 3-2012]
5.4.1.7
Town Board public hearing. Upon submission of a preliminary subdivision
application, the applicant shall request that a public
hearing before the Town Board be held to consider Town Board approval
of the use of a conservation subdivision. The Town Board shall establish
the density of the parcel, the height and type of structures, the front, rear and side yard requirements, lot width, percentage of lot coverage, off-street parking and any other requirements
it deems appropriate, including agreements on open space preservation and maintenance. The Town Board conservation plan approval
shall be valid for one year. 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.
5.4.1.8
County Planning Commission approval. After approval of the use of
a conservation subdivision by the Town Board, the applicant shall proceed with the preliminary and final subdivision review
processes before the Nassau County Planning Commission in accordance
with § 1610 of the County Government Law of Nassau County
and the Subdivision Regulations of Nassau County.
5.4.1.9
Additional filing requirements.
5.4.1.9.1
The applicant shall file zoning modifications
and agreements with the Town and County Clerks. Deeds for lands dedicated
to the Town or county 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, or as otherwise
required. The filed plat shall contain the signature of the Town Supervisor
attesting to the modifications.
5.4.1.9.2
Final stormwater pollution prevention plan:
A final stormwater pollution prevention plan (SWPPP),
consistent with the terms of the preliminary plan approval, shall
be required for final subdivision plat approval. The SWPPP shall meet
the performance and design criteria and standards set forth in § 246-4.13
and the approved final subdivision plat shall be consistent with said
design criteria and standards.
[Amended 10-16-2012 by L.L. No. 3-2012]
5.4.1.10
Conditions.
5.4.1.10.1
The permitted number of building lots or dwelling units in a conservation subdivision shall not exceed
the maximum 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 for the district in which said land is situated
and shall conform to all other applicable requirements not modified
by the conservation subdivision application. A buildable lot is that which may be developed without legal, geological or topographic
hindrances preventing construction in a safe and sound manner. The
number of lots will be determined by the Town Board
based upon a subdivision layout prepared by the applicant in accordance with the property's zoning and all other applicable
requirements.
5.4.1.10.2
The Town Board may require that the dwelling units be constructed as detached, semi-detached or attached structures.
5.4.1.10.3
In the event that the application of this procedure results
in a plat or plats showing lands available for park, recreation, open space or other municipal purposes directly related
to the plat or plats, then the Town Board, as a condition of plat
approval, may establish such conditions on the ownership, use and
maintenance of such lands as it deems necessary to assure the permanent
preservation of such lands for their intended purposes.
5.4.2
Additional regulations for RMF, RNG, RPH and RSC Districts.
[Amended 11-9-2004 by L.L. No. 16-2004]
5.4.2.1
Units per building. In RMF, RPH and RSC Residence
Districts, there shall be a maximum of eight dwelling units per building, except that the site plan reviewing
agency may approve an increase to a maximum of 16 dwelling
units per building where said agency determines
that such structures would result in increased open space preservation or other such benefit to the Town.
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In RNG Residence Districts, there shall be a maximum of six dwelling units per building except that
the site plan reviewing agency may approve an increase to a maximum
of eight dwelling units per building where said agency determines that such larger structures would result in increased open space preservation,
improved site design or other such benefit to the Town.
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5.4.2.2
Distance between buildings.
5.4.2.2.1
In RMF Residence Districts, the distance between any two main buildings shall equal at least the average height of such buildings at the points where they are nearest to one another.
In any event, the distance between any two main buildings or any main building and any accessory
building or between two detached accessory buildings on the same lot shall be not less than 25 feet.
Any other provision notwithstanding, a minimum distance of 50 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 building on the same lot, 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.
5.4.2.2.2
In RNG, RPH and RSC Residence Districts, the distance between
any two main buildings shall equal at least the average
height of such buildings at the points where they
are nearest to one another. In any event, the distance between any
two main buildings or any main building and any accessory building or between two detached accessory buildings on the same lot shall
not be less than 20 feet. Any other provision notwithstanding, the
distance between any two buildings shall also comply
with the following:
5.4.2.2.2.1
A minimum distance of 30 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 building on the same lot, 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.
5.4.2.2.2.2
A minimum distance of 40 feet shall be maintained between the
center of any legal window, other than a legal bathroom or kitchen window, and any other window of the same or of another building on the same lot, 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.
5.4.2.3
Habitable area. In RMF Residence Districts, each dwelling unit shall have a minimum habitable area as follows:
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Number of Habitable Rooms in Dwelling Unit
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Habitable Area Required Per Dwelling
Unit
(square feet)
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1
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300
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2
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500
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3
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750
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4 or more
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750, plus 200 for each habitable room in excess of 4
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In RNG Residence Districts, each dwelling unit shall have two bedrooms, a minimum habitable area of 1,200 square feet and a maximum habitable area of 1,500 square feet.
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5.4.2.4
In RMF Residence Districts, no off-street parking spaces shall be
located within the required front yard. In the RMF,
RNG, RPM and RSC Residence Districts, there shall be a minimum distance
of 10 feet between unenclosed off-street parking areas and residential buildings, which area shall consist of landscaping and/or
walkways. Detached parking garages shall contain a minimum of three
off-street parking spaces. At least one garage space shall be provided
within each townhouse dwelling unit, and such garage space be set back at least 25 feet from the curbline.
5.4.2.5
Recreation areas, facilities and open space. In
the RMF, RNO and RPM Residence Districts, a minimum area of 150 square
feet of active recreation and child play areas shall be provided per
residential dwelling unit. In the RNG, RPH and RSC
Residence Districts, a minimum floor area of 10 square feet of usable
indoor recreation area shall be provided per residential dwelling
unit. In the RMF Districts, a minimum of 25% of the site.
In an area(s) having a minimum width of 50 feet, shall be reserved
for open space and recreational purposes. All recreational
facilities shall be utilized only by on-site residents and their nonpaying
guests.
5.4.2.6
In the RSC Residence District, all dwelling units shall be occupied only by persons who are 62 years
of age or older, except that in the case of spouses and/or significant
others, only one of the two occupants needs to be 62 years of age
or older (hereinafter "qualified occupant"). Additional requirements
for qualified occupants for these districts within the Town of Oyster
Bay shall be outlined in a schedule, as approved by the Town Board
of the Town of Oyster Bay.
[Amended 10-24-2006 by L.L. No. 11-2006]
5.4.2.7
In the RNG and RSC Residence Districts no basement or cellar shall be occupied as living or sleeping
quarters. In the RMF and RPH Residence Districts a basement can only be occupied as living or sleeping quarters for management
and/or custodial employees.
5.4.2.8
It is the purpose of the RNG District to provide first-time home
buying opportunities with preference for residents and children of
residents of the Town of Oyster Bay with the objective of encouraging
such persons to remain in the Town and eventually
transition into detached single-family homes as their household size
and income level increases. Therefore, in the RNG Next Generation
Residence District, the following regulations shall apply;
5.4.2.8.1
All next-generation housing units shall be owner occupied.
5.4.2.8.2
A dwelling unit owners' association shall be
established for each next-generation housing development. The association
shall be responsible for the ownership, maintenance, payment of taxes,
liability and other expenses for all commonly owned facilities and
land, and for all exterior portions of each individual townhouse and, where applicable, townhouse lot. Each individual townhouse owner shall be required to be a member of the
association and shall be responsible for the payment of their proportionate
share of all association expenses.
5.4.2.8.3
For the purpose of preventing overcrowding, occupancy of next-generation
housing units by more than two persons per bedroom
shall be prohibited.
5.4.2.8.4
The initial sales price of each next-generation housing unit,
and the subsequent resale price of each such unit, shall not exceed
three times the estimated median annual household income for a three-person household in the Town of Oyster
Bay. Median annual household income by household
size for the Town of Oyster Bay shall be estimated based upon the
ratio of median annual household income for all households
in the Town of Oyster Bay to the median annual household income for all households in Nassau County, multiplied by the median annual household income by household size for Nassau County,
as reported annually by HUD. At the time of resale of next-generation
housing units, the maximum permitted sales price shall be increased
to include the actual cost of any permanent capital improvements which
have been made to the dwelling unit.
5.4.2.8.5
The maximum permitted annual household income for purchasers of new or resale next-generation housing units shall
not exceed 120% of the estimated median annual household income for a household of their size in the Town of Oyster Bay. If a contract
with an income-eligible purchaser is not signed within a period of
120 days from the date that such a unit is first publicly offered
for initial sale or for a period of 60 days from the date that such
a unit is first publicly offered for resale, the seller shall no longer
be obligated to sell to a purchaser within the household income limitations
as set forth herein. However, all other requirements and/or preferences
as set forth in this section shall remain applicable.
5.4.2.8.6
Notwithstanding the foregoing, the declaration and covenants
on the deed to each dwelling unit shall be subject
to and subordinate to any and all mortgages on the property held by
a commercial bank, savings and loan association, credit union, savings
bank, national bank, licensed funding company or licensed mortgage
banker or the State of New York Mortgage Agency, its successors and
assigns, and shall be extinguished by a sale at foreclosure by any
of said lenders or a deed given to one of them in lieu of foreclosure.
5.4.2.8.7
The Town of Oyster Bay Department of Planning and Development
shall be responsible for the administration of all next-generation
housing zoning regulations, including making any necessary determinations
or interpretations in connection therewith.
5.4.2.9
Next-generation housing in RMF Districts. In any RMF Zoning District,
next-generation housing shall be permitted on a portion of a proposed
development site, provided that such housing is built in accordance
with the same standards, procedures and requirements as though such
portion of the site is actually located within an RNG Residence District.
5.4.3
Additional regulations in the RO District.
5.4.3.1
Frontage. An application for change of zone to the
RO District shall be considered only when the subject property has frontage on a street which has a minimum
right-of-way width of 80 feet.
5.4.3.2
Number of employees. The maximum number of persons working in any building in an RO District at the
same time shall be one person per 400 square feet
of usable nonresidential floor space.
5.4.3.3
Entrance. A corner lot or double frontage
lot shall have only one front yard, which
shall face the primary entrance of the building.
In an RO District, the location of the primary entrance shall be determined
by the Department of Planning and Development, or duly authorized
assistant, with consideration given to the size and location of pedestrian
entrances to the building, the location of vehicular
access and the street name listed in the postal address.
5.4.3.4
Accessory apartment. A maximum of one accessory apartment shall be permitted on a lot in
an RO District. An outdoor living area for the use of the resident(s)
of the accessory apartment shall be provided in the rear yard.
5.4.3.5
Signs. Illuminated signs shall
be equipped with an automatic device that will shut off the light
source no later than 10:00 p.m.
5.4.3.6
No outdoor display. There shall be no display of products visible
from any street or neighboring property in a residence
district.
5.4.3.7
Architectural style. Any building, structure or addition thereto shall be designed and constructed so that the
property maintains the character of a one-family dwelling.
5.4.4
Additional regulations in the CB District.
5.4.4.1
Floor area ratio.
5.4.4.1.1
In a CB Business District, except as set forth hereinafter,
the floor area ratio of any building or group of buildings on any lot shall not exceed 1.0. As the building coverage of
the lot decreases below the maximum permitted in
the Schedule of Dimensional Regulations,[1] the maximum permitted floor area ratio shall be increased as follows:
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Building Coverage
(percentage)
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Maximum Permitted Floor Area Ratio
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60%
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1.0
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55%
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1.25
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50%
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1.50
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45%
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1.75
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40% or less
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2.0
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[1]
Editor's Note: The Schedule of Dimensional Regulations is
included at the end of § 246-5.
5.4.4.1.2
In all instances where the floor area ratio of any building or buildings on
any lot exceeds 1.0, the required open space on said lot shall, as far as possible, be an extension
of the required front yard along that street having the greatest width of all streets on which
said lot has any frontage. All open space, except such as may be devoted to vehicular access
to the front entrance of the building, any loading
spaces or off-street parking to the extent permitted in § 246-8.2.1
of this chapter, shall be occupied by landscaping, walks, decorative
plazas, sitting areas, reflecting pools or similar features.
5.4.5
Additional regulations in the OB District.
5.4.5.1
Accessory active recreational uses. Accessory active recreational
facilities planned for the use of on-site employees and their visitors
shall be located at least 100 feet from any street or lot line and 200 feet from any property located
in a residence district or used primarily for residence purposes.
5.4.5.2
Off-street parking and loading. Off-street parking, loading and truck
maneuvering areas shall be located at least 100 feet from any street or lot line. No loading areas shall
be permitted along any building wall that faces a street.
5.4.6
Additional regulations in the Waterfront-A and Waterfront-B Districts.
[Added 1-20-2004 by L.L. No. 2-2004]
5.4.6.1
Consistency with Town Code. The proposed use shall be in harmony
with and promote the general purposes set forth under § 246-1
of the Code of the Town of Oyster Bay, New York.
5.4.6.2
Suitable lot area. The lot area of the subject parcel shall be sufficient and appropriate for the
use and the reasonably anticipated expansion thereof.
5.4.6.3
Prevention of nuisance conditions. The proposed use shall not prevent
the orderly and reasonable use of adjacent properties, particularly
where adjoining parcels are located within different zoning districts.
5.4.6.4
Compatibility with adjoining uses and consistency with community
character. The site shall be a suitable location for such a use, and
if sited at that location, the proposed use will, in fact, be compatible
with its surroundings and consistent with the character of the neighborhood
and of the community in general, and particularly as it relates to
its visibility, mass scale, and overall appearance.
5.4.6.5
Access, traffic flow, and transportation safety. Access facilities
shall be adequate to accommodate the estimated traffic from public streets and sidewalks, so as to assure the public safety
and to avoid traffic congestion.
5.4.6.6
Parking. Where appropriate, adequate provisions shall be implemented
to ensure the availability of off-street truck parking and loading
spaces, that the number of off-street parking spaces are at or above
and beyond the requisite number of spaces, and that sufficient area
is provided for internal circulation, as set forth by §§ 246-7
and 246-8 of the Code of the Town of Oyster Bay, New York.
5.4.6.7
Buffers and screening. Adequate buffers and screening shall be established
to protect adjoining uses from the potentially detrimental impacts
of the proposed use.
5.4.6.8
Disposal of wastes. Suitable measures shall be taken for the collection
and disposal of stormwater runoff, sewage, refuse,
and other liquid, solid, and gaseous waste, which the proposed use
will generate.
5.4.6.9
Environmental protection. The natural features of the site shall
be such that the proposed use may be established there without substantial disturbance or degradation of important environmental features,
systems, or processes, and without significant adverse impact to both
ground and surface waters.
5.4.6.10
Public health, safety, and welfare. The uses proposed shall
not have an adverse effect, in terms of public health, safety, and
welfare; nor, shall such uses significantly affect public utilities.
5.4.6.11
Site design. The uses, landscaping, lighting, and buffering
areas proposed shall be consistent with the Town Site Design Standards
set forth under § 246-7 with preference given toward native
landscape species.
5.4.6.12
Community character. The project design provides for the protection
or enhancement of significant natural, historical, or architectural
features within the proposed development area.
5.4.6.13
Consistency with adopted plans. The use, layout, design, buffering,
and environmental controls of the proposed project shall be consistent
with the spirit and intent of the uncodified recommendations of the
duly adopted Final Recommendations of the Glenwood Landing
Waterfront Redevelopment and Revitalization Plan; Summary of Recommendations
to the Town Board (October 2002).
5.4.6.14
Scale of retail stores, personal service businesses, and marine-retail business complexes. The gross floor
area of all retail stores, personal service businesses, and
marine-retail business complexes on any lot within
the Waterfront-B Zoning District shall not exceed 7,500 square feet.
5.4.6.15
Types and scale of offices. Offices proposed within the Waterfront-B Zoning District shall be professional offices (e.g., attorneys, dentists, doctors,
real estate agents, architects, accountants, insurance salespersons,
waterfront business owners, etc.) that are consistent with the character
of a neighborhood business district, and which support the local community
or are related to local water-enhanced or water-dependent uses. Total office space
on a single lot shall not exceed a total gross floor area of 3,750 square feet or involve more than
four separately operated office suites.
5.4.7
Additional regulations in the APO District.
[Added 9-21-2004 by L.L. No. 12-2004]
5.4.7.1
Legislative intent. It is the legislative intent of the Town Board
of the Town of Oyster Bay to promote the public health, safety and
general welfare by protecting both the quality and quantity of groundwater recharge into the sole source aquifers which provide drinking
water for all residents, businesses and other uses in the Town of
Oyster Bay and in Nassau County, through the establishment of special
regulatory standards and procedures designed to control land use and
development within the Oyster Bay Special Groundwater Protection Area,
as designated by the Nassau County Public Health Code (Article X)
and by the New York State Environmental Conservation Law (Article
55). For the purpose of so doing, the Aquifer Protection Overlay District
is hereby established with standards and regulations which are in
addition to those provided by the underlying zoning district and to
those provided by other applicable federal, state, county and Town
laws, regulations and statutes.
5.4.7.2
Boundaries. The boundaries of the APO District shall be as shown
on the seven maps on the following seven pages entitled "Aquifer Protection
Overlay Districts, Town of Oyster Bay, N.Y.,"[2] and as delineated in either Article X of the Nassau County
Public Health Ordinance or in Article 55 of the New York State Environmental
Conservation law, or in both.
[2]
Editor's Note: Said maps are on file in the Town offices.
5.4.7.3
Development standards.
5.4.7.3.1
Protection of natural vegetation. In furtherance
of the purposes and legislative intent as set forth in this chapter,
the following limits are hereby established for clearing, grading or other such disturbance of natural vegetation:
5.4.7.3.1.1
Disturbance of natural vegetation. No disturbance of natural vegetation shall be permitted on
any lot in an APO District (other than on residential lots which were legally in use for one- or two-family-residence
purposes as of the effective date of this amendment or for changes
affecting less than (1,000 square feet), until such time as a building permit, site plan approval, special permit approval
and/or final subdivision plat approval is issued. If none of the foregoing
are required, no disturbance of natural vegetation shall be permitted until such time as a site disturbance plan is submitted to and approved by the Department of Planning
and Development. Such site disturbance plan, as well
as any application for site plan, special permit or subdivision approval,
shall delineate the specific areas to be disturbed and shall include
a statement specifying the purpose and need for such disturbance, e.g., to create a drainage reserve area (DRA) rather than a detention
basin (sump). The goals of the site disturbance plan,
or any other plan for which approval is required, shall include the
minimum necessary disturbance of natural vegetation and the preservation of the contiguity of any remaining areas of natural vegetation to the maximum extent reasonably feasible.
The decision of the Department of Planning and Development shall be
based upon the standards as set forth in § 5.4.6.3.1.2 below.
If revegetation is required, the Department of Planning and Development
may require that the applicant post a performance
bond in an amount equal to the estimated cost of restoring any disturbed
areas to their natural state. The term of said performance bond shall
be for a period of not less than one year and shall not be released
until the Department of Planning and Development has determined that
the disturbance and restoration has been completed
in accordance with the approved site disturbance plan,
or other approved plan.
5.4.7.3.1.2
One-Family Residence Districts. The maximum permitted disturbance of natural vegetation on a residential lot which has an area of 10,000 square feet or greater in
a One-Family Residence District and was not legally in use for one-
or two-family-residence purposes as of the effective date of this
amendment shall be as follows:
|
Lot Area
|
Maximum Permitted Disturbance of Natural Vegetation
|
|---|---|
|
10,000 to 19,999 square feet
|
10,000 square feet plus 40% of lot area in
excess of 10,000 square feet
|
|
20,000 to 43,559 square feet
|
14,000 square feet plus 35% of lot area in
excess of 20,000 square feet
|
|
1 to 2 acres (43,560 to 87,120 square feet)
|
22,250 square feet plus 30% of lot area in
excess of 1 acre
|
|
2 to 5 acres (87,120 to 217,800 square feet)
|
35,300 square feet plus 25% of lot area in
excess of 2 acres
|
|
Over 5 acres (over 217,800 square feet)
|
68,000 square feet plus 20% of lot area in
excess of 5 acres
|
5.4.7.3.1.3
Multifamily and nonresidence uses. The maximum permitted disturbance of natural vegetation for any multifamily or
nonresidence use on a one acre or larger lot shall
be 30,000 square feet plus 60% of lot area in excess
of one acre. On a lot which is less than one acre
in area, the maximum permitted disturbance of natural vegetation shall be 30,000 square feet. In either case, disturbance
of natural vegetation shall be minimized by the approving
agency to the maximum extent practicable.
5.4.7.3.2
Lot coverage. In furtherance of the purposes
and legislative intent as set forth in this chapter, the following
limits are hereby established for lot (impervious
surface) coverage, except that, in conjunction with
the reuse or redevelopment of any existing developed lot that has impervious surface coverage in excess of the maximum permitted
limits as set forth below, such limits shall not apply but the amount
of lot coverage shall nevertheless be minimized to
the maximum extent practicable:
5.4.7.3.2.1
One-Family Residence Districts. The maximum permitted lot coverage for a residential use on a lot which has an area of 10,000 square feet or greater in a One-Family
Residence District and was not legally in use for one- or two-family
residence purposes as of the effective date of this amendment, shall
be as follows:
|
Lot Area
|
Maximum Permitted Lot Coverage
|
|---|---|
|
10,000 to 19,999 square feet
|
4,000 square feet plus 20% of lot area in excess
of 10,000 square feet
|
|
20,000 to 43,559 square feet
|
6,000 square feet plus 12% of lot area in excess
of 20,000 square feet
|
|
1 to 2 acres (43,560 to 87,120 square feet)
|
8,830 square feet plus 10% of lot area in excess
of 1 acre
|
|
2 to 5 acres (87,120 to 217,800 square feet)
|
13,180 square feet plus 8% of lot area in excess
of 2 acres
|
|
Over 5 acres (over 217,800 square feet) acres
|
23,600 square feet plus 6% of lot area in excess
of 5
|
5.4.7.3.2.2
Multifamily and nonresidence uses. The maximum permitted lot coverage for any multifamily or nonresidence use on
a one acre or larger lot shall be 22,000 square feet
plus 45% of lot area in excess of one acre. On a lot which is less than one acre in area, maximum permitted lot coverage shall be 22,000 square feet. In either case, lot coverage shall be minimized by the approving agency
to the maximum extent practicable.
5.4.7.3.3
Hazardous materials. The disposal, storage,
creation, manufacturing or treatment of any hazardous material is prohibited, except for the storage of such material in sealed
containers for retail sale or for normal household use and fuel oil
in sound storage vessels for on-site heating purposes. If any expansion
is proposed of an existing nonresidential use which manufactures,
generates, stores, discharges, uses or is involved in the transport
of any hazardous materials either on, to or from
a site in the APO District, a groundwater protection plan shall be
prepared and submitted for Department of Planning and Development
approval. Said plan shall provide a description of both the existing
and proposed amount and composition of all such hazardous
materials and shall include proposed implementation measures
designed to mitigate, to the maximum extent feasible, any reasonable
possibility that the groundwater supply may be degraded or contaminated
in any way as a result of the approval and operation of the proposed
new or expanded use.
5.4.7.3.4
Nassau County Department of Health approval. All proposed new
residential subdivisions and new nonresidential developments within
an APO District shall obtain approval from the Nassau County Department
of Health demonstrating compliance with Article X "Groundwater Protection
Regulation of Sewage and Industrial Wastewater" of the Nassau County
Public Health Ordinance. Wherever public sewerage systems are available,
to the extent practical, both multifamily and nonresidential uses
within the APO District shall be connected to them.
5.4.7.3.5
Revegetation or new planting. Any proposed revegetation or other
new planting on multifamily and nonresidential lots shall be of such type as will minimize the need for the application
of fertilizers, pesticides and herbicides, and shall require minimal
water usage through application of the principles of xeriscaping.
5.4.7.3.6
Best management practices. Best management
practices (BMPs) shall be implemented for all new single-family
subdivisions and in connection with the development and operation
of multifamily and nonresidential uses in the APO District for the
purpose of protecting groundwater and quantity. Said BMPs shall be
consistent with generally accepted standards and, in addition to the
requirements specified elsewhere in this chapter governing impervious
surface coverage, clearing of natural vegetation,
and the mitigation of potential impacts posed by hazardous substances
in the APO District, may include, but not necessarily be limited to,
the following:
|
•
|
Irrigation systems shall be designed to minimize water consumption.
Wherever practicable, rain gauges and/or drip irrigation should be
used to achieve this objective.
|
|
•
|
Where feasible, irrigation systems shall utilize recycled water,
such as stormwater collected into detention ponds.
|
|
•
|
To the extent practicable, permeable surfaces shall be used
instead of impervious pavement.
|
|
•
|
To the extent practicable, landscape plantings shall consist
of water-efficient and drought-tolerant native or other vegetative
species that are adapted to minimal irrigation and are resistant to
diseases and pest infestations.
|
|
•
|
Areas of turf shall be minimized.
|
|
•
|
Planting designs shall group plants according to their water
requirements for efficient irrigation.
|
|
•
|
Where appropriate, existing soil structure shall
be improved by addition of amendments that increase the water-holding
capacity of the soil.
|
|
•
|
An appropriate maintenance schedule shall be established for
pruning, fertilizing, pest control and weeding to maintain the water
efficiency of landscape plantings.
|
|
•
|
In general, and where appropriate, the use of drainage reserve
areas (DRA's) is preferred to the use of Detention Basins (sumps).
|
|
•
|
Integrated pest management techniques shall
be utilized to the degree practicable, including proper monitoring
and soil testing, in order to determine the optimal timing for fertilizer
and pesticide application. Site-specific conditions should dictate
when these substances are used, rather than a routine application
schedule which does not account for actual need.
|
|
•
|
Slow-release fertilizers shall be used whenever practicable.
|
|
•
|
Animal waste shall be collected and properly disposed of in
a manner that minimizes the potential for groundwater contamination.
|
|
•
|
On-site mulching and composting including "don't bag it" practices
for the management of grass clippings, shall be used in order to reduce
the need for fertilizer application.
|
|
•
|
Solid waste collection and storage facilities
shall be properly sealed to prevent leakage to the pound and shall
be covered to prevent the infiltration of rainfall into the waste
material.
|
|
•
|
To the extent practicable, traction aids and other suitable
practices shall be implemented in order to minimize the use of chemical
de-icing materials.
|
|
•
|
Storm drains shall be stenciled, or otherwise appropriately
marked, to warn about the impacts associated with improper dumping
of hazardous materials.
|
|
•
|
Runoff shall receive suitable pretreatment prior to discharge
to infiltration structures.
|
|
•
|
Clean roof runoff shall be piped directly into the ground, rather
than being allowed to flow overland in a manner that would mobilize
contaminants on the land surface prior to the recharge of this runoff.
|
|
•
|
For projects that include the creation of man-made water bodies,
suitable measures shall be implemented to control waterfowl populations.
|
5.4.7.4
Application requirements. In addition to the applicable requirements
for the submission of site plan and/or special use permit applications
in accordance with §§ 246-6 and 246-9 of this chapter,
site plan and/or special use permit applications within the APO District
shall also include a plan delineating all existing and proposed buildings, structures, paved areas and
other impervious surfaces, all areas of existing and proposed vegetation,
all areas of proposed disturbance to existing natural vegetation, all areas where pesticides, herbicides,
fertilizers or other such chemicals may be applied and all proposed best management practices. The same shall also be required
for subdivision applications.
5.4.7.4.1
Each subdivision, site plan and/or special use permit application
shall also include a stormwater management plan and
any other additional information or plans as may be required by the
approving agency in order to ensure that the project mitigates, to
the maximum extent reasonably feasible, any possible degradation or
contamination of the groundwater supply as a result of stormwater runoff. Said stormwater management plan shall demonstrate
that appropriate BMPs have been incorporated into the project design,
and at a minimum shall include:
5.4.7.4.1.1
Suitable maps and associated construction plans and details
showing existing site features and proposed alterations, highlighting
the location and type of proposed stormwater management systems; and
5.4.7.4.1.2
A written statement explaining the natural and proposed drainage
systems, a detailed description of projected runoff quantity and quality,
and an explanation as to why certain BMPs were chosen for pollution
control.
5.4.7.4.2
The stormwater management plan shall include
provisions for the long-term maintenance of approved management measures,
and shall address the degree to which the proposed measures comply
with the following general standards:
5.4.7.4.2.1
To the maximum extent practicable, the site design shall incorporate
natural drainage patterns and vegetation in order to maintain or improve
predevelopment stormwater patterns and water quality.
5.4.7.4.2.2
To the maximum extent practicable, the generation of pollutants
shall be avoided or limited, by means of appropriate source control
measures (e.g., controlled usage of fertilizers, pesticides, roadway
salts, etc.).
5.4.7.4.2.3
To the maximum extent practicable, runoff velocities and volumes
shall be moderated in order to reduce the likelihood of pollutant
transport, by means of measures such as directing flow over grassed
water quality swales or other vegetated areas, storing runoff in constructed
ponds or wetlands, and installing sand filters, organic
filters and/or similar systems capable of removing nitrogen from stormwater.
5.4.7.4.2.4
Site runoff shall not be discharged directly to rivers, streams,
or other surface water bodies, wetlands or vernal
pools.
5.4.7.4.2.5
In addition, new infiltration structures installed for stormwater management shall be separated:
5.4.7.5
Conservation (cluster) development. The Town Board of the Town of
Oyster Bay, pursuant to the authority granted to it by § 278
of the Town Law of the State of New York, and in furtherance of the
purposes and legislative intent as set forth in this chapter, may
permit or require applicants for subdivision approval
in the Towns One-Family Residence Districts, to apply for conservation
(cluster) development subdivision approval, except that in the case
of properties which are 20 acres or larger and located in an APO District,
conservation development shall be mandatory. In addition to the goal
of increasing the amount of open space and natural vegetation to be preserved, any such conservation
development plan shall also seek to maximize the contiguity of such
preserved areas as well as the quantity and quality of groundwater recharge. The Town Board in each case may specify the minimum
permissible lot area for one-family dwellings, the types of dwellings to be permitted, and any
other special standards as it may determine appropriate, taking into
consideration the size, location and nature of the property involved,
as well as the purposes of this Chapter. The procedure for so doing
shall be as set forth in § 5.4.1 of this chapter.
5.4.7.6
Nonconforming uses. Any legally existing use made nonconforming by
this Section may be continued subject to the provisions of § 246-4.2
of this chapter.
5.4.7.7
Conflicting standards. If the provisions of any other federal, state,
county or Town statute, law, rule or regulation imposes stricter standards
to protect groundwater within an APO District, the more restrictive
provisions shall prevail.
5.5.1
Accessory outdoor sales and display. The outdoor sale or display
of merchandise, excluding perishable items such as fruit, vegetables,
plants or flowers, shall require a permit from the Department of Planning
and Development. Such use shall only be permitted if it is incidental
to the permitted principal use and only on a temporary
basis for special sale events, not to exceed two weeks in any six-month
period. The display of any merchandise, perishable or otherwise, shall
not be placed in any required parking or loading spaces, sidewalks
or fire lanes, or be located in any required yards, and shall not
exceed 15% of the indoor store floor area.
5.5.2
Agriculture. No storage of manure or odor or dust-producing
substances shall be permitted within 100 feet of any side or rear lot line or within 150 feet of any street.
5.5.3
Animal hospitals. Outdoor runs, pens or other facilities
used for the boarding of animals shall be set back at least 200 feet
from any property in a residence district. The hospital shall be designed
and operated in such a manner as to produce no objectionable noise,
odors or other nuisances beyond the boundaries of the site on which
it is located. Waste materials shall be stored and disposed of in
accordance with all applicable federal, state, county and Town laws.
[Amended 7-22-2003 by L.L. No. 7-2003]
5.5.4
Antennas.
5.5.4.1
Purpose. In the interest of public health, safety and aesthetics,
the Town Board has determined that it is necessary to provide reasonable
regulations for the installation and maintenance of antennas.
5.5.4.4
Standards and requirements.
5.5.4.4.1
Freestanding antennas shall not be located
in any minimum required side or rear yard.
5.5.4.4.2
Freestanding antennas shall not be located
in any yard along a street line and shall conform
with all setback requirements for accessory buildings as identified in § 246-5.3, Schedule of Dimensional Regulations,[2] but in no case shall any portion of an antenna be located less than 10 feet from any property line.
[2]
Editor's Note: The Schedule of Dimensional Regulations is
included as an attachment to this chapter..
5.5.4.4.3
Not more than one freestanding antenna shall
be permitted on any lot located in a residence district.
5.5.4.4.4
Every antenna must be adequately grounded for
protection against a lightning strike.
5.5.4.4.5
Freestanding antennas shall be provided with
fencing and/or evergreen plantings to screen the visibility of the antenna to the satisfaction of the Department of Planning
and Development, while not interfering with operational requirements.
5.5.4.4.6
The design and location of antennas shall minimize
visual impact on neighboring properties and streets.
5.5.4.4.7
The operation of any antenna shall not interfere
with the radio, television, telephone reception or similar signals
serving nearby properties and shall include appropriate anti-climbing
measures.
5.5.4.4.8
Freestanding amateur radio antennas used for
noncommercial purposes shall be permitted to be constructed to a height
of not more than 35 feet above grade. Such an amateur radio antenna may exceed 35 feet in height above grade, provided
it is retractable and does not exceed 75 feet in height above grade
when frilly extended nor 35 feet in height above grade when fully
retracted ("nested"). Such a retractable shall only be extended above
35 feet in height when actually being used for communications as part
of amateur radio services.
5.5.4.4.9
All other freestanding antennas shall be permitted
to be constructed to a height of not more than 18 feet above grade.
5.5.6
Bars. No more than two amusement devices used in connection with and customarily incidental to a bar or tavern is permitted. In those districts where a bar is permitted as an accessory use, it
shall only be permitted as an accessory use with country clubs and private membership clubs. Such accessory bars shall be limited to functions
involving only members having all of the membership rights and privileges
of the club.
[Amended 9-21-2004 by L.L. No. 11-2004]
5.5.7
Catering services. In those districts where catering
services are permitted as accessory uses, such uses
shall only be permitted with country clubs, private membership clubs and places of worship. Accessory
catering services shall be limited to functions involving only members
having all of the membership rights and privileges of the club or
place of worship.
5.5.8
Colleges, universities or private schools.
5.5.8.1
The minimum required lot area for a college or university
shall be 75 acres, and the minimum continuous street frontage shall be 400 feet.
5.5.8.2
The maximum total building coverage shall be 10%.
5.5.8.3
No buildings, parking or loading areas shall be
located within 150 feet of any lot line.
5.5.8.4
No structure shall be erected in excess of three
stories or 45 feet in height.
5.5.8.5
Private schools, including full curriculum religious
schools, shall comply with New York State public school site size
and layout requirements.
[Amended 7-22-2003 by L.L. No. 7-2003]
5.5.9
Wireless telecommunications facilities.
[Amended 9-12-2017 by L.L. No. 6-2017]
5.5.10
Country clubs. The minimum lot area shall be 50 acres. No building, parking or loading
area shall be located within 50 feet of any street or lot line. The maximum building coverage shall be 2% of the lot area.
[Amended 9-21-2004 by L.L. No. 11-2004]
5.5.11
Day care, play care, nursery school and similar
facilities.
5.5.11.1
Day-care facilities shall conform to the NYS
Office of Children & Facility Services licensing requirements.
5.5.11.2
Any day care, play care, nursery school or
similar facility with a capacity of more than 12 patrons, attendees
or students in a residence district shall be permitted only on a lot with frontage on a street that has a minimum right-of-way width of at least 80 feet and with
a minimum area equal to at least the minimum required lot size for a single-family dwelling in that district
for each 12 persons' capacity, or portion thereof.
For example, a proposed facility with a capacity of between 37 and
48 persons in an R1-10 District must have a lot area of not less than 40,000 square feet.
5.5.11.3
Required outdoor play areas for children shall be fenced on
all sides, and landscaping or other screening shall be provided to
the satisfaction of the Department of Planning and Development. Play
areas shall not be located within any required yard setbacks.
5.5.11.4
A drop-off/pick-up plan shall be provided for each such facility.
If the driver is to remain in the vehicle when picking up or dropping
off the attendee, a separate drop-off/pick-up area shall be provided
directly in front of the main entrance to the facility. Such area
shall provide sufficient queuing space for at least one vehicle for
each 12 persons capacity, or portion thereof, expected
to attend the facility during the peak period of attendance, or as
otherwise required by the Department of Planning and Development in
order to provide for safe pick-up and drop-off. If the driver will
be exiting the vehicle to bring the attendee into the facility, or
to pick up the attendee, specific parking spaces shall be designated
and reserved for such use. Such spaces shall be located in proximity
to the main entrance to the facility, shall each be a minimum of 10
feet in width, shall be limited to a maximum of 10 minutes use, shall
be appropriately signed, and shall be provided in sufficient quantity
so that at least one such space will be available for each 12 persons capacity, or portion thereof, expected to attend
the facility during the peak period of attendance, or as otherwise
required by the Department of Planning and Development.
[Amended 4-25-2006 by L.L. No. 5-2006]
5.5.12
Domestic employees' residences.
5.5.12.1
Accessory living quarters for domestic employees may be located
either in a one-family dwelling or in an accessory building.
5.5.12.2
Accessory living quarters for domestic employees shall be limited
in size to a maximum of 1/4 of the habitable area of the one-family dwelling or 750 square feet of habitable area, whichever is less.
5.5.12.3
Any accessory building containing living quarters
for domestic employees shall comply with the minimum setback requirements
for principal buildings in the district in which
it is located.
5.5.13
Drive-through services. All accessory drive-through services, excluding
those for fast-food restaurants, shall be subject
to site plan review by the Department of Planning and Development.
Drive-through services for fast-food restaurants shall
require special permit approval from the Town Board. Drive-through
services shall provide per lane on-site queuing spaces as follows:
|
Fast-food restaurant
|
6 spaces
|
|
Car wash
|
10 spaces
|
|
All others
|
5 spaces
|
5.5.14
Home businesses and home offices.
[Amended 7-22-2003 by L.L. No. 7-2003]
5.5.14.1
Purpose. The Town Board recognizes that home businesses and home offices may provide benefits to the Town
and to its residents through the opportunity to work at home for two-working-parent
households, single-parent households and the handicapped, the reduction
of peak-hour traffic on the roadway system and the added protection
afforded by increased daytime population in residential neighborhoods.
The Town Board also recognizes that unrestricted use of dwellings for nonresidence uses may create the potential for detrimental impacts
on the primarily residential purposes and character of the residence
districts, including increases in traffic, noise, odor, light, solid waste, utility services and other similar types of
impacts. In order to prevent the potentially detrimental impacts of home businesses and home offices, the Town
Board hereby enacts the following regulations.
5.5.14.2
Home office. The operation of a home
office shall be permitted as-of-right so long as such use
complies with all of the following standards and limitations:
5.5.14.2.1
All activity is conducted solely by a resident of the dwelling and no nonresident employees are involved.
5.5.14.2.2
All activity is conducted fully within the dwelling.
5.5.14.2.3
The maximum area in use as a home office is
300 square feet or 15% of the gross floor area of
the dwelling unit, whichever is less.
5.5.14.2.4
The home office involves no business-related
visits by patients, students, clients or others.
5.5.14.2.5
The home office does not involve merchandising,
storage of materials or equipment or the exchanging of commodities
by sale to persons who come to the premises or by
shipment to or from the premises.
5.5.14.2.6
There is no sign or any other external evidence
of the home office.
5.5.14.2.7
The use is strictly limited to typical home office functions only and there is no equipment other than light office equipment such as a typewriter, computer, fax machine,
copier or postage meter.
5.5.14.2.8
There is no production of materials, other than written or computer-generated
materials of a type and quantity typically associated with a residential
hobby; and in no case shall there be any manufacturing, assembly or
food preparation.
5.5.14.2.9
The home office does not generate significant
demand for pick-ups and/or deliveries nor generate additional solid waste or sanitary sewage beyond that which would typically
be expected from a dwelling without a home
office.
5.5.14.3
Home business. Operation of a home
business shall require special permit approval from the Zoning
Board of Appeals and shall be approved only if the applicant demonstrates compliance with all of the following standards:
5.5.14.3.1
The home business shall be operated by a person residing on the premises who is a properly certified
physician; psychologist; physical, occupational or speech therapist;
chiropractor; dentist; licensed social worker; engineer; architect;
lawyer; accountant; teacher; or who is conducting a similar type of
professional activity.
5.5.14.3.2
No more than one nonresident employee shall be allowed.
5.5.14.3.3
All activity shall be conducted fully within the dwelling. Additionally, there shall be no display of the home business visible outside of the dwelling other than permitted
signage and there shall be no outside storage of materials or equipment
associated with the home business.
5.5.14.3.4
The maximum area in use as a home business shall
not exceed 500 square feet or 30% of the gross floor area of the dwelling unit, whichever is less.
5.5.14.3.5
The maximum number of visits by patients, students, clients
or other visitors shall be two per hour.
5.5.14.3.6
At least two additional off-street parking spaces shall be provided
in addition to those required for the residence use. The off-street
parking shall be buffered from neighboring properties and streets with fences and/or landscaping.
5.5.14.3.7
The home business shall not involve merchandising,
storage of materials or equipment or the exchanging of commodities
by sale to persons who come to the premises or by
shipment to or from the premises.
5.5.14.3.8
A maximum of one sign not more than two square
feet in area shall be permitted.
5.5.14.3.9
The creation of the home business shall not
interfere with maintaining the character of the dwelling as a residence. The exterior of the dwelling shall
not be modified to accommodate the home business in
a manner that is inconsistent with the residential character of the
neighborhood.
5.5.14.3.10
No production of materials other than written materials, computer-generated
materials or a type and quantity of materials that might typically
be created as part of a residential hobby shall be permitted; in no
case shall any manufacturing, assembly or food preparation be permitted.
5.5.14.3.11
The nature and intensity of the home business shall not create hazardous or detrimental conditions or generate
any objectionable noise, odors, fumes, lighting, glare or other adverse
impacts.
5.5.15
Keeping of domestic animals. A maximum of six customary household
pets above the age of six months shall be permitted per single-family
residence and two per other permitted type of dwelling unit.
5.5.16
Keeping of farm animals. No building, structure or premises shall be erected, altered or used in any residence district
for the housing or harboring of pigeons, fowl, swine, goats, horses,
rabbits, foxes, mink and bees, except when authorized by special use
permit from the Board of Appeals. No accessory building or structure or part thereof used for the housing
of such farm animals shall be located less than 50 feet from any lot line.
5.5.17
Motor vehicle fuel sales and service, motor vehicle repair, auto
body, tow car operations, car washing establishments, and public garages.
5.5.17.1
All repairs and or servicing shall be performed indoors.
5.5.17.2
In addition to the buffer and landscaping requirements of the
site design standards[4] of this chapter, a buffer screening area of not less than
10 feet in width shall be provided along all abutting streets. Said buffer shall consist of planting of such type, height, spacing
and arrangement as, in the judgment of the reviewing agency, will
provide an attractive appearance from neighboring streets.
[4]
Editor's Note: See § 246-7.
5.5.17.3
All fuel, oil or similar substances shall be stored at least
35 feet from any street or lot line unless stored in underground tanks. Underground tanks shall be buried
at least three feet from any street or lot
line, and the top of said tank shall be at least two feet
below the surface of the ground. Tanks buried adjacent to buildings having basements shall be set
back at least 10 feet from the foundations of those buildings. All such uses and setbacks shall comply with applicable rules and
regulations of governmental agencies and the National Fire Protection
Association Standards.
5.5.17.4
No automobile parts, dismantled vehicles or similar items shall
be stored in the open.
5.5.17.5
Between the hours of 8:00 a.m. and 6:00 p.m., all motor vehicle
fuel sales establishments shall provide at least one clearly identified
full-service location for handicapped drivers.
5.5.17.6
Hours of operation. The reviewing authority may restrict hours
of operation of motor vehicle fuel sales and service establishments
because of proximity to residential areas. In any event, only those
establishments with frontage on the following streets may operate between the hours of 10:30 p.m. and
6:30 a.m.:
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Glen Cove Road.
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Hempstead Turnpike.
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Hicksville Road (between South Oyster Bay Road and Central Avenue).
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Jericho Turnpike.
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Merrick Road.
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Newbridge Road (south of Old Country Road).
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North Broadway (between Jericho Turnpike and West John Street).
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North Hempstead Turnpike (west of Cedar Swamp Road).
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Old Country Road (west of Manetto Hill Road).
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South Oyster Bay Road (between Woodbury Road and Stewart Avenue).
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Sunrise Highway.
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5.5.17.7
Gasoline filling stations providing an air compressor for inflating
tires to do so without charge. All gasoline filling stations which
provide an air compressor capable of inflating automobile tires for
the use of motorists shall do so at no charge to the user thereof.
5.5.18
Parent-child residences. It is the specific purpose
and intent of the Town Board to provide the opportunity for the development
of small dwelling units designed to meet the special
housing needs of a member of the immediate family of a resident/owner. It is understood that a member of the immediate family of a resident/owner shall be deemed to be a resident/owner's
spouse, child, mother, father, brother, sister, grandparents, step-parents,
step-child, mother-in-law, father-in-law, brother-in-law, sister-in-law,
daughter-in-law, son-in-law, grandchild, aunt (limited to a sister,
natural-born or adopted, of the resident/owner's father or mother)
or uncle (limited to a brother, natural-born or adopted, of the resident/owner's
father or mother), living in the Town of Oyster Bay. It is also the
Town Board's intent to allow the more efficient use of the Town's
existing housing stock, to protect property values and to maintain
the one-family character of R-1 Residence Districts.
[Amended 10-16-2012 by L.L. No. 3-2012; 6-26-2018 by L.L. No. 6-2018]
5.5.18.1
The owner of the property upon which the parent-child
residence is located shall occupy either the principal or
accessory dwelling unit on the premises as the owner's
primary residence.
5.5.18.2
A maximum of one parent-child residence shall
be permitted on any lot.
5.5.18.3
The accessory residence shall be subordinate in area to the
principal unit and shall contain a maximum of two bedrooms.
5.5.18.4
The principal use on the lot shall be a one-family dwelling.
5.5.18.5
A lot which contains a home office or home business shall not also contain a parent-child residence..
[Amended 6-26-2018 by L.L. No. 6-2018]
5.5.18.6
The principal building on the lot must continue to maintain the outward appearance of a one-family
dwelling. Both units shall share a common building entranceway, doorbell, mailbox and electric meter.
5.5.18.7
A minimum of three off-street parking spaces shall be provided
on the site to serve both units.
5.5.18.8
In making its determination, the reviewing agency shall give
consideration to the character of the area, including the exterior
appearance, the number of parent-child residences in the neighborhood in relation to one-family dwellings and traffic and parking conditions.
5.5.18.9
Approval of the Nassau County Department of Health shall be
obtained prior to or as a condition of the issuance of the special
use permit, unless the dwelling is connected to public
sewerage.
5.5.19
Places of worship. The minimum lot area shall be
one acre. Temporary structures, such as tents which
are accessory to places of worship, shall be permitted to extend into
required yards, provided that such placement of temporary structures is limited to two weeks' duration during any
calendar year. Customary accessory uses associated
with a place of worship shall include a carnival, subject to the approval
by the Department of Planning and Development and provided such carnival
is limited to two weeks' duration during any calendar year. Full-curriculum
religious schools shall be subject to the same requirements as private schools.
[Amended 7-22-2003 by L.L. No. 7-2003]
5.5.20
Private garages, carports and storage sheds.
[Amended 7-22-2003 by L.L. No. 7-2003]
5.5.20.1
Detached private garages and storage
sheds on certain lots. On any corner
lot in an R1-6, R1-7, R1-10, R1-10/OHG, NB, CB or GB District,
a detached garage may be erected on the innermost corner but not nearer
to any street line than the projection of the building
line of the main dwelling, and must meet accessory
side and rear yard setbacks for the district in which
it is located.
[Amended 8-9-2011 by L.L. No. 2-2011]
5.5.20.2
Attached garages or carport. On any lot with
a lot width of not greater than 65 feet, an attached
garage may be erected with a total side yard of not
less than 12 feet. Neither side yard shall be less
than four feet.
5.5.20.3
Conversion of garages to habitable space. In any Residence District
or NB, CB or GB Business District, an existing attached garage not
erected pursuant to a variance from the Zoning Board of Appeals which
has a side yard of not less than four feet, may be
converted to habitable space three years subsequent to issuance of
certificate of occupancy for garage, provided the required amount
of off-street parking is provided on the site.
5.5.20.4
Small storage sheds. On any lot in an R1-6, R1-7, R1-10, R1-10/OHG, NB, CB or GB District, a storage shed of 100 square feet or less may be erected in
the rear yard but must be set back at least three
feet from any lot line and must not be closer to
any street than the setback of the principal dwelling.
[Amended 8-9-2011 by L.L. No. 2-2011]
5.5.21
Private membership clubs. Where a private
membership club is adjacent to any residence district, the
minimum required setbacks shall be twice that otherwise required in
the district in which the property is located.
5.5.22
Public markets.
5.5.22.1
The minimum lot size used for the operation
of a public market shall be no less than 20 acres.
5.5.22.2
No vending or selling of any produce, merchandise or other material
shall be permitted outside of any structure or building used or intended to be used as a public
market and under permit from the Department of Planning and
Development and any other body having jurisdiction thereof.
5.5.22.3
No floodlighting or string of lights shall be permitted beyond
the hours of 8:30 p.m. during the months of October through March
and 10:00 p.m. during the months of April through September.
5.5.22.4
The use of a public address system for the purposes of vending
any wares, merchandise or materials is prohibited.
5.5.23
Rooming or boarding houses.
5.5.23.1
The minimum lot area shall be 12,000 square
feet.
5.5.23.2
The minimum habitable area shall be 2,000 square
feet.
5.5.23.3
The maximum building coverage shall be 25%.
5.5.23.4
At least one of the occupants shall reside on the premises and
shall be the agent for the rental or lease of the rooms.
5.5.23.5
There shall be at least one annual inspection of each rooming and boarding house in the Town
by duly authorized inspectors of the Department of Planning and Development.
5.5.24
Storage of vehicles. The parking or storage of vehicles on property
in residence districts shall be restricted, as follows:
[Amended 7-22-2003 by L.L. No. 7-2003; 1-18-2005 by L.L. No.
1-2005]
5.5.24.1
Commercial vehicles. A maximum of one commercial vehicle, as defined herein, may be parked on
any premises in addition to commercial vehicles parked
during the act of loading or off-loading merchandise or during the
act of performance of a commercial service or duty undertaken by the
operator of such vehicle in connection with said premises. The permitted commercial vehicle must be used by a resident of the premises,
must have a current registration, must have a maximum of two axles
and must not exceed 20 feet in length and eight feet in height, nor
be designed to refrigerate, cook or sell food or to carry a cargo
of flammable or other hazardous materials. Any vehicle
not conforming to the above requirements shall be removed within 60
days of tie effective date of this local law.
[Amended 10-16-2012 by L.L. No. 3-2012]
5.5.24.2
Unregistered vehicles. It shall be unlawful for any person to store or park more than one unregistered motor
vehicle on a property in a residence district at any time. Such vehicle
shall be stored or parked either in a garage or on a paved surface
which complies with the locational requirements as set forth in § 8.2.6
of this chapter. A special permit may be issued by the Zoning Board
of Appeals to park an additional unregistered vehicle(s), provided
said vehicle(s) are parked within an approved garage.
[Amended 4-25-2006 by L.L. No. 5-2006]
5.5.24.3
Agricultural use vehicles. A commercial vehicle used for agricultural or horticultural purposes on the same premises
as its storage shall be exempt from this section, provided it is not
stored or parked outside, within 100 feet of any property line.
5.5.25
Security barriers.
5.5.25.1
Purpose. In order to better facilitate fire and police protection,
preserve property values and enhance both the safety and attractiveness
of commercial areas, the Town Board has determined that it is necessary
to provide reasonable regulations for the installation and maintenance
of security barriers.
5.5.25.2
A security barrier shall include any device intended to limit
or block access to individual doors or windows on a building facade, or to an entire building facade. This term
shall include, but not be limited to, window bars, fixed metal grilles
and side-mounted or overhead-mounted retractable metal security gates
or grilles, regardless of whether such devices are solid or semi-transparent.
It shall not include strengthened vision glass, child safety gates,
non-glass transparent materials, electronic alarms or security cameras.
5.5.25.3
Exterior security barriers prohibited. No new security barrier
shall be placed on the exterior of any portion of a building facade visible from a street.
5.5.25.4
Preexisting exterior security barriers. Any exterior security
barrier existing prior to the adoption date of this chapter is permitted
to remain until such time as a new certificate of occupancy is issued
for the premises on which said barrier is located.
5.5.25.5
Interior security barriers. Security barriers placed on the
interiors of building facades shall be permitted,
provided that such bather be solid or impermeable in nature. Barriers
shall be of a type commonly referred to as the "grate" or "lattice"
type, with a minimum of 80% of the gate area being of see-through
composition. Barriers shall be fully retracted and out of view while
a business is in operation.
5.5.26
Swimming pools.
5.5.26.1
No property owner shall commence construction of any in-ground swimming pool or aboveground swimming pool with a capacity of over 5,000 gallons on any property before obtaining
a permit from the Department of Planning and Development. Said permit
application shall be accompanied by plans indicating the width, length
and depth of such swimming pool. In addition, a survey
of the property upon which the swimming pool is to
be located shall be filed with the application, and said survey shall
specifically indicate the location of the proposed swimming
pool, including all related deck area, fencing, landscaping,
lighting and mechanical equipment. The applicant may
be required to furnish complete plans, data and specifications regarding
the pool if necessary to enable the Department of Planning and Development
to evaluate the structure.
5.5.26.2
No portion of any swimming pool permitted by
this chapter shall be located closer than five feet to any lot line or the minimum accessory building setback, whichever is greater. On a corner lot or
a double frontage lot, the swimming pool shall comply with the front yard setback along
all street frontages. The Department of Planning
and Development may increase the setback requirements for a pool installed
to serve a multifamily or nonresidence use.
5.5.26.3
Spill-offs and drainage from any swimming pool shall be controlled in a method approved by the Department of Planning
and Development. Spill-offs and drainage shall not be permitted to
flow onto adjacent property or roadways. Pool water shall be directed
to flow into a drainage system designed to prevent erosion and to
properly dissipate pool chemicals.
5.5.26.4
Fencing and screening. Adequate fencing shall be provided to completely enclose the outer perimeter of any
pool or the perimeter of the yard in which the pool
is situated, in accordance with applicable law. A building may serve as part of the fence enclosure, provided
that such building complies with state and Town swimming pool enclosure regulations (including, but not
necessarily limited to, self-closing, self-latching, lockable devices
on any doors providing access to the pool enclosure). The fencing shall be located at least five feet from the pool
edge, unless attached to any aboveground pool. Fences shall be constructed of metal, wood or other similar durable material,
and shall contain no openings or projections which would be sufficient
for climbing, as determined by the Department of Planning and Development. Fences shall be at least four feet but not more six feet
above grade, shall be no more than one inch from the ground at the
bottom at any location and shall be supported by posts that are no
more than eight feet on center. All gates must be equipped with a
self-closing, self-latching device located on the inside of the gate
or door. Removable and/or hinged lockable ladders may be a sufficient
substitute for fencing for aboveground circular pools only.
[Amended 7-22-2003 by L.L. No. 7-2003]
5.5.26.5
Any lights illuminating swimming pools shall
be directed so as to eliminate direct rays of light on neighboring streets and properties. The filter pump and electrical switch,
and other mechanical equipment, shall be in a vented enclosure or
screened with dense evergreen planting, and shall comply with required
setbacks for accessory buildings or required pool
setback, whichever is greater.
5.5.27
Tennis courts. No property owner shall commence construction of a
tennis court on any property before obtaining a permit therefor from
the Department of Planning and Development. Said permit application
shall be accompanied by plans indicating the width, length and precise
location of said tennis court on a survey of the property. The applicant may also be required to provide information regarding
materials and maintenance. No portion of any tennis court, including
the fence immediately surrounding the court, shall
be located closer than 10 feet from any lot line or
the minimum setback for an accessory building, whichever
is greater. The Department of Planning and Development may require
an increased setback for a tennis court serving a multifamily or nonresidence
use. The Department may also require evergreen screening, as it deems
appropriate for screening purposes. Any lights illuminating a tennis
court shall be directed so as to eliminate direct rays of light on
neighboring streets and properties. All fencing shall comply with the provision governing fences as set forth in this chapter.[5]
[5]
Editor's Note: See § 246-4.7, Provisions Governing
Fences and Walls.
5.5.28
Two-family dwellings.
[Amended 7-22-2003 by L.L. No. 7-2003]
5.5.28.1
The minimum lot area for a two-family
dwelling shall be 12,000 square feet.
5.5.28.2
The minimum habitable area of a two-family
dwelling, not including garages, shall be 2,000 square feet.
5.5.28.3
At least one of the two dwelling units shall
be owner-occupied.
5.5.28.4
A two-family dwelling shall only be permitted
where it results from the conversion of a lawfully existing one-family dwelling which was constructed at least three
years immediately prior to the filing of such application for a two-family dwelling; a certificate of occupancy for such one-family dwelling shall have been issued at least three
years prior to the filing of such application for a two-family
dwelling, unless such one-family dwelling was erected prior to May 4, 1943; and, no variances shall have been
granted for the erection of the one-family dwelling.
5.5.29
Undertaking establishments. Sufficient driveway aisle width and length
shall be provided on-site to permit the queuing of a minimum of eight
vehicles forming a funeral procession. The applicant shall demonstrate that sufficient on-site loading area will be provided.
An accessory dwelling unit for the manager or on-site
custodian may be allowed.
5.5.30
Discotheques, dance halls, cabarets and nightclubs.
5.5.30.1
Discotheques, dance halls, cabarets and nightclubs in any LI Light
Industry District shall not be permitted to be located within 500
feet of any lot on which is located a school, public
park, place of worship, community center or other discotheque, dance hall, cabaret or nightclub, or within 1,000 feet of any residence district.
5.5.30.2
All discotheques, dance halls, cabarets and nightclubs shall
be required to comply with all applicable laws, regulations and requirements
of federal, state, county and Town agencies.
5.5.30.3
No discotheque, dance hall, cabaret or nightclub shall be
permitted in any building used in whole or in part
for residential purposes.
5.5.30.4
There shall be no outdoor display or advertising of any kind,
other than signage as permitted in § 246-11 of this chapter.
5.5.31
Accessory uses in office buildings. For the purpose of minimizing traffic generation
and maximizing convenience for office employees,
the following uses shall be permitted as accessory uses in office buildings, subject to
such uses being designed and operated for the exclusive use of employees
within said building: fitness center and food service facilities. In addition, personal and business
services, retail stores and banks shall be permitted, provided they
do not occupy a total of more than 4% of the gross floor area of the office building.
[Added 4-25-2006 by L.L. No. 5-2006]
5.5.32
Collateral loan brokers. Collateral loan
brokers shall only be permitted to operate within the Town of Oyster Bay if such operation is conducted fully in accordance with Article 5 of the General Business Law of the State of New York, Chapter 94 of the Code of the Town of Oyster Bay and all other applicable requirements of law.
[Added 3-31-2009 by L.L. No. 3-2009]
5.5.33
Commercially Zoned Property Abutting or Within one-hundred-foot radius
of Residential Districts. The hours of operation of any establishment
located in a commercial district (any district other than a Residence
District) which abuts a Residence District or is located within a
one-hundred-foot radius of any Residence District, shall be limited
to 6:00 a.m. to 11:00 p.m., and deliveries to said establishment and
operation of property maintenance and any other potential sources
of noise disturbance shall also be limited to those hours.
[Added 6-26-2018 by L.L.
No. 6-2018]
5.6.1
Legislative intent. The Planned Unit Development District (PUD) is
conceived and enacted to promote and protect the public health, safety,
property values and general welfare of the Town of Oyster Bay. This
legislation is also enacted for the following purposes, in addition
to those goals stated above:
5.6.1.1
To provide the opportunity and flexibility for the coordinated development
and/or redevelopment of large parcels of appropriately located, industrially
zoned land to accommodate residential communities in the form of modern,
well planned, compatibly designed and comprehensively planned units.
5.6.1.2
To encourage the creation of visually appealing developments of quality
design that help to foster a sense of community.
5.6.1.3
To promote developments which include an integrated mix of diverse
housing types and supporting accessory uses that
are not found in typical suburban subdivisions.
5.6.1.4
To augment the economic development of the Town through an increase
in assessed valuation by encouraging the conversion of inactive or
underutilized industrial properties into productive residential communities
that meet existing and/or future housing needs.
5.6.1.5
To promote the preservation of commonly owned open space and recreational facilities for the benefit of all residents.
5.6.2
Interpretation and conflict with other provisions.
5.6.2.1
In applying the provisions of this section, the Town Board may make
such interpretations as it determines to be consistent with the legislative
intent of this section.
5.6.2.2
In the event of a conflict between the provisions of this section
and other provisions of the Town Zoning Code, the provisions of this
section shall govern.
5.6.3
Standards and requirements. All developments and site plans approved
in this Planned Unit Development (PUD) District shall conform to the
following standards and requirements:
[Amended 12-18-2012 by L.L. No. 4-2012]
5.6.3.1
Minimum area. The minimum site area for a PUD shall be at least 50
acres of contiguous land, not separated by any public street, and under common ownership at the time of application.
5.6.3.2
Location. A PUD site shall have at least 2,000 feet of frontage along a state or county road and shall be located entirely or substantially
entirely in the LI Light Industrial District at the time of application.
5.6.3.3
Permitted uses. Within a PUD, a building or structure may be erected, altered or used and a lot or premises may be used for only one or more of the
following purposes:
5.6.3.3.1
Residential dwelling units, provided the gross
density over the entire PUD site shall not exceed one unit per 6,500
square feet of site area.
5.6.3.3.2
Accessory recreational facilities, including a clubhouse, for
the use of PUD residents and guests.
5.6.3.3.3
Other uses customarily incidental and accessory to a planned
residential community.
5.6.3.3.4
Other uses which, in the opinion of the Town Board, after a
public hearing, meet the standards set forth in § 246-18,
and are of the same general character as those listed as permitted
uses and which will not be detrimental to this district.
5.6.3.4
Building setbacks. No building shall be constructed
within 25 feet of any perimeter property line of a PUD. No minimum building setback shall be required from property lines which
are internal to the PUD.
5.6.3.5
Building height. No building within
a PUD shall exceed three stories or 40 feet in height measured from
the mean average grade of the ground to the highest elevation of the
roof.
5.6.3.6
Open space. Not less than 20% of the total site
area shall be set aside as common open space, including
a landscaped buffer area of not less than 25 feet along any adjacent
public street or residential property line. Open space may include lands which are under water, but
shall not include sites and structures which are
designed and intended to be used for active recreational purposes.
5.6.3.7
Parking. Off-street parking shall be provided as required by § 246-8.2.1
of this chapter. Reasonable and appropriate off-street parking requirements
for land uses which are not listed in § 246-8.2.1 of this
chapter shall be determined by the Town Board at the time of review
of the PUD plan. In establishing such parking requirements, the Town
Board will consider the anticipated parking demands for each land
use and the potential for the shared use of parking with other uses.
5.6.3.8
Fencing. No fencing shall be required in a PUD, except that required
pursuant to the New York State building and fire code or that shown
on an approved site plan.
5.6.3.9
Ownership. Any property proposed for PUD zoning and development may
be owned by one or more persons, partnerships, limited
partnerships, trusts or corporations, but must be presented as a single
parcel at the time of application to the Town Board.
5.6.3.10
Application. Any petition for PUD zoning and application for
related plan approvals shall comply with the application requirements
and procedures as such may, from time to time, be established and/or
amended by the Commissioner of the Town of Oyster Bay Department of
Planning and Development.
5.6.3.11
Review fees and deposits. All PUD District applications shall
be accompanied by an application processing fee in the amount of $100
per acre. In addition, the applicant shall be required
to fund the cost of outside consulting services to assist the Department
of Planning and Development with the review of such applications,
if the Commissioner determines that such assistance is necessary.
Each applicant shall bear the actual cost of review
and shall be required to provide a trust deposit therefor to be placed
in a town trust account, payable as follows:
5.6.3.11.1
An initial deposit of $15,000 at the time of the filing of the
application.
5.6.3.11.2
Upon said amount being reduced to $3,000 or less, the account
shall be replenished to the original $15,000 upon notification by
the town.
5.6.3.11.3
Each additional deposit shall be made within seven days after
notice from the town that said deposit is due. If such account is
not replenished within 30 days after the applicant is notified in writing of such requirement, the Town Board may suspend
its review of the application. In the event any funds remain in the
trust fund, same shall be returned to the applicant. These fees shall be in lieu of all fees set forth in § 246-6.4
of this chapter.
5.6.4
Decision.
5.6.4.1
Legislative review considerations. The Town Board, without limiting
its legislative discretion, shall consider at least the following
matters in determining the suitability of any proposed PUD District
zone change petition and PUD plan:
5.6.4.1.1
The extent to which the application serves to implement the
legislative intent, purposes and goals of PUD zoning as set forth
in this section.
5.6.4.1.2
The proposed mix of dwelling types and their
planned design and arrangement on the site, including compatibility
with site environmental conditions, and with neighboring streets and land uses.
5.6.4.1.3
The potential impact of the proposed development upon the area
in which it is located, as well as upon the town and the region as
a whole.
5.6.4.1.4
The adequacy of the phasing plan, if any, to
ensure that development in each phase will be self-sufficient, should
future phases be delayed or abandoned.
5.6.4.2
Town Board action. The Town Board shall either approve, or disapprove,
the proposed PUD District zone change and approve, approve with modifications
or disapprove the proposed PUD plan. Approval or approval with modifications
of the PUD plan shall not be deemed to waive the town's and county's
rights with respect to subsequent detailed reviews of any specific
aspect of the proposed development as may be required pursuant to
the subdivision and/or site plan review process.
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A PUD District change of zone petition shall be granted only
in conjunction with the simultaneous approval or approval with modifications
of a PUD plan. The PUD plan, as modified by any conditions which may
be established by the Town Board in its approval and/or in notations
required to be placed upon said PUD plan maps and accompanying documents,
will establish the zoning density and land use limitations thereafter
applicable within said District.
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5.6.4.3
Approval conditions. Any resolution of PUD plan approval or approval
with modifications issued by the Town Board shall be subject to the applicant obtaining all necessary approvals, licenses and/or
permits as may be required from other governmental agencies having
jurisdiction thereof. As a condition of approval, each applicant shall be required to file such legal documentation as the Town Board
determines necessary to provide for and ensure the proper future maintenance,
use and ownership responsibility for all lands, common areas, facilities,
utilities and services both within each section of the PUD, if more
than one, and in relation to the PUD as a whole. Such documentation
shall be in form and substance acceptable to the Town Attorney.
5.6.4.4
Amendments. Any proposed amendment to an approved PUD plan may be
made only subject to the approval of the Town Board. Appropriate review
of any such proposed amendment shall be required.
5.6.4.5
Site plan and subdivision approval.
5.6.4.5.1
Approval. The approval of a PUD District change of zone petition,
and approval or approval with modifications of a PUD plan application
by the Town Board, shall formally authorize the applicant to proceed with the detailed design, planning and engineering of
the PUD and to submit an application to the Town Board for site plan
approval, as appropriate and in accordance with the procedures and
requirements for such applications as set forth in §§ 246-6
and 246-7. Notwithstanding the foregoing, a PUD applicant may proceed with the site plan preparation and approval process
prior to the PUD zone change and PUD plan approval.
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Applications for subdivision approval, where required, shall
be submitted to the Nassau County Planning Commission. All such applications
must conform with the requirements of the PUD District, the approved
PUD plan and any findings or conditions issued by the Town Board in
connection therewith.
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Subdivision and/or site plan approvals, as appropriate, shall
be required prior to the issuance of any building permit within a PUD District.
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5.6.4.5.2
Improvements and performance bond. As a condition of site plan
approval, the applicant shall be required to construct
all necessary site and, where required, off-site improvements. In
lieu thereof, the Town Board may allow the posting of a performance
bond or other guarantees as may be determined necessary and appropriate
to assure the timely and proper installation of said improvements
in accordance with all applicable standards and requirements.
5.6.4.5.3
Expiration. Any approval, or approval with modifications, of
a site plan within a PUD shall expire at the end of one year unless
the applicant has initiated substantial construction
and continues to diligently pursue such construction, or such time
limit has been extended by resolution of the Town Board.
[1]
Editor's Note: This section replaces existing L.L. No. 7-1999,
adopted 12-14-1999.
[Added 9-21-2004 by L.L. No. 11-2004]
5.7.1
Legislative intent. The Recreation (REC) District is conceived and
enacted for the general purpose of promoting and protecting the public
health, safety, property values and general welfare of the Town of
Oyster Bay and its present and future residents. It is also enacted
for the following specific purposes:
5.7.1.1
To protect the quality and quantity of groundwater recharge into the sole source aquifers which provide drinking water for all
present and future residents, businesses and other uses in the Town
of Oyster Bay and in Nassau and Suffolk Counties.
5.7.1.2
To help assure the preservation and protection of the limited remaining
quantities of existing open space amidst the Town's
pattern of primarily suburban development in such a way as to maintain
the scenic beauty and visual appeal of the Town of Oyster Bay.
5.7.1.3
To prevent or reduce flooding through the preservation of wetlands and drainageways, and by the minimization of impervious
surface coverage.
5.7.1.4
To protect visually and environmentally important natural features
of the land, including, but not limited to, trees, ridgelines, steep slopes, rock outcroppings, wetlands, waterbodies, streams and habitat for rare, unique, threatened,
endangered or protected species of plants or animals, as defined by
state or federal law, consistent with the other purposes of this district.
5.7.1.5
To encourage the establishment of new, and the continuation of existing,
facilities which serve the recreational needs of Town residents, employees
and visitors.
5.7.1.6
For those Recreation Districts, or portions thereof, located within
the Oyster Bay Special Groundwater Protection Area as designated by
the Nassau County Public Health Code (Article X) and by the New York
State Environmental Conservation Law (Article 55), to further the
specific purposes of said laws.
[Added 12-18-2012 by L.L. No. 4-2012]
5.8.1
Legislative intent. It is the legislative intent of the Town Board
of the Town of Oyster Bay to promote the public health, safety and
general welfare, to facilitate flexibility in the planning, design
and implementation of multifamily residential site plans, to promote
the efficient use of land, to encourage the establishment of multifamily
residential communities to meet current and/or future housing needs
in a manner that advances the economic development of the Town —
and particularly, to encourage the productive reuse of deteriorated
industrial properties, and to eliminate uses that are intrusive or
incompatible with neighboring uses, especially with respect to nearby
residential uses — by providing for a Planned Unit Development/Residence-30
(PUD/R-30) District.
5.8.2
Approval by the Town Board. The Town Board of the Town of Oyster
Bay shall have approval authority in regard to any proposal for development
of property in the PUD/R-30 zoning district, which authority shall
include approval of the site plan in accordance with the standards
set forth in § 5.8.4 herein. This authority shall be in
addition to any other approval for which the Town Board has authority
with respect to the proposed development.
5.8.3
Discretion of the Town Board. The standards set forth in § 5.8.4,
below, are intended to provide the maximum amount of discretion to
the Town Board in deciding whether a given proposal for development
in the PUD/R-30 zoning district is in the best interests of the Town.
This discretion shall include, but not be limited to, decisions regarding
the number of housing units, layout and dimensional aspects of the
proposed site plan, and proposed mix of residence types. In implementing
the provisions of this section, the Town Board may make such interpretations
as it determines to be consistent with the legislative intent set
forth herein, in addition to any other authority conferred upon the
Town Board by applicable laws, regulations, procedures and requirements.
5.8.4
Standards.
5.8.4.1
The following standards shall apply to the PUD/R-30 zoning district:
(a)
A property proposed for rezoning to PUD/R-30 shall have a minimum
size of 15 contiguous acres.
(b)
Only properties which at the time of application are situated entirely
in the LI Light Industrial zoning district shall be eligible for rezoning
to PUD/R-30.
(c)
The PUD/R-30 zoning district shall only be applied to a property
which at the time of application contains a use or uses that are deemed
by the Town Board to be intrusive or incompatible with neighboring
uses, particularly with respect to nearby residential uses. Intrusiveness
and incompatibility shall be evaluated in terms of adverse impacts
to the surrounding area, including noise, airborne dust, odors, fumes,
noxious emissions, heavy truck traffic, aesthetics, and similar parameters.
(d)
Development of properties in the PUD/R-30 zoning district shall be
limited to residential uses and related accessory uses, as set forth
in § 5.8.4.2, below.
(e)
The maximum dwelling unit density in the PUD/R-30 zoning district
shall be 30 units per acre.
(f)
Any site plan for development in the PUD/R-30 district shall also
comply with the standards set forth in § 5.8.4.2, below.
5.8.4.2
The following standards shall be applicable to all development in
the PUD/R-30 zoning district:
(a)
Any application for rezoning to PUD/R-30 shall be accompanied by
a proposed site plan for development pursuant to the standards for
site plans set forth in § 246-6 of this chapter.
(b)
The proposed site plan for development in the PUD/R-30 District shall
be compatible with the existing land uses in the surrounding area
in terms of community character, development density, building height,
and other factors as deemed appropriate by the Town Board.
(c)
In evaluating a proposed site plan for development in the PUD/R-30
district, due consideration shall be given to constraints that are
present on the parcel proposed for development and any impacts with
respect to these constraints that potentially would result from development
under the proposed site plan. The evaluation of such constraints and
potential impacts may include the physical characteristics of the
land (e.g., steep slopes, significant vegetation
and ecological habitat, surface water and groundwater resources, flood
hazard areas, etc.), the adequacy of community services (e.g., water
supply, sanitary waste disposal, emergency services, solid waste management,
access to major roadways, etc.), and any other factors which the Town
Board in its discretion may deem appropriate for inclusion in the
analysis.
(d)
All dwelling units within any development in the PUD/R-30 zoning
district shall be occupied by the respective owners or co-owners of
said units. Unit ownership shall be via cooperative corporation, condominium
association, or other form as permitted under applicable law and acceptable
to the Town Board. The respective family of the owner
or coowners may also reside in each unit.
(e)
The site plan for development within the PUD/R-30 zoning district
may include any mix of multifamily housing types, including units
that are restricted to occupancy by senior citizens and/or first-time home buyers, and units that have no age or prior
ownership restrictions, as well price-controlled and market-rate units,
as deemed appropriate by the Town Board.
(f)
The site plan for development within the PUD/R-30 zoning district
may include accessory recreational facilities, including a clubhouse,
for the use of residents of the subject facility and their guests,
and other uses customarily incidental and accessory to multifamily
housing communities in the Town of Oyster Bay.
(g)
As a condition to approval of any site plan granted pursuant to this
section, the Town Board may impose any restrictive covenants it deems
appropriate to ensure conformance with the legislative intent set
forth herein and consistency with the Town's land use planning goals.
(h)
The Town Board, in its discretion, may give due consideration to
other factors in regard to the benefit that would be rendered to the
Town by any given site plan for development in the PUD/R-30 zoning
district, including, but not limited to, encouraging the positive
redevelopment of other nearby properties so as to facilitate the broader
goals of economic enhancement and community revitalization or other
land use planning goal promulgated by the Town.
5.8.5
Procedures.
5.8.5.1
Application for site plan approval. Review of the proposed site plan
for development in the PUD/R-30 zoning district shall be in accordance
with the provisions of § 246-6 of this chapter and other
applicable laws, regulations, procedures and requirements.
5.8.5.2
Town Board hearing required. Upon receipt of the recommendation of
the Department of Planning and Development, and consistent with the
timing requirements of the Town Environmental Quality Review Law[1] and other applicable laws, regulations, procedures and
requirements, a public hearing shall be convened by the Town Board
as part of the Town Board's deliberation on any proposed rezoning
to PUD/R-30, as well as any associated site plan.
5.8.5.3
Town Board action. Town Board action on the site plan for development
in the PUD/R-30 district shall be incorporated into the Town Board's
decision regarding the proposed rezoning to PUD/R-30.
