The provisions of this article, with respect to the MU District,
shall supplant, supersede, and to the extent these are inconsistent
shall prevail over any other chapters, articles, and provisions of
the Code of the Incorporated Village of Westbury (hereinafter the
"Code") as they relate to the MU District. Except as otherwise provided
in this article, any other chapters, articles, or provisions of the
Code that are inconsistent with, or conflict with, this article, and/or
the standards and procedures set forth herein shall have no application,
force, or effect within the Maple Union TOD District.
This enactment shall include: i) the approval and filing of
a new zoning map reflecting changes described herein (hereinafter
the "updated Zoning Map" or "Zoning Map"); and ii) the approval and adoption of the Schedule of
Regulations.
The Maple Union TOD District shall be comprised of seven subdistricts
as herein defined: MU-R1, MU-R2, MU-R3, MU-R4, MU-R5, MU-R6 and MU-R7,
as reflected on the updated Zoning Map.
In the MU-R1 District, no lot or building shall be erected,
altered or used other than as follows:
A. Principal uses.
(1)
Attached housing and townhouses.
B. Accessory uses. Accessory uses shall be limited to those uses on
the same lot with and customarily incidental to any of the above permitted
uses.
C. Special uses. The following uses shall be permitted only with a special permit issued pursuant to Article
XXIX: Churches or similar places of worship; cellular towers and cellular antennas.
D. For area requirements, see area zoning criteria set forth on the
Schedule of Regulations.
In the MU-R2 District, no lot or building shall be erected,
altered or used other than as follows:
A. Principal uses.
(1)
Attached housing and townhouses;
(2)
Multiple-dwelling residential use provided that buildings must
contain finished ground floor area of at least 50% of the area of
the second floor (the "minimum finished ground floor area"). The minimum
finished ground floor area must front on a street.
B. The following principal uses shall be permitted on the ground level, except to the extent that such use would constitute an adult use as identified in Article
XXVI of this Code:
(1)
Art or craft supply store, studio or gallery;
(3)
Bakery, health food store, ice cream parlor, specialty food store, grocery store, supermarket, candy store, delicatessen or any retail store that prepares or sells food or drink other than alcoholic beverages or an eating or drinking establishment other than those serving alcoholic beverages, excluding fast food as defined by §
248-2, provided such use does not have a dining area of more than 300 square feet and no more than 12 seats, and provided that hours of operation of such use is between the hours of 7:00 a.m. and 10:00 p.m.;
(4)
Bank and credit union (excluding pawnbrokers and check cashing
businesses);
(5)
Barber shop or beauty parlor;
(9)
Computer sales, supplies and repair store;
(10)
Collectible or memorabilia store;
(11)
Dry cleaner, provided no cleaning is performed on premises;
(16)
Martial arts, yoga and dance studio;
(17)
Mobile telephone, electric appliances and other electronics
store;
(18)
Any municipal use, including municipal parking lot or structure;
(20)
Optician and eyeglass store;
(21)
Other convenience retail establishment, such as a cosmetic store,
drugstore, hardware store and music/video sale and/or rental store;
(22)
Pet store, pet grooming store or pet supply store, provided
that they are no greater than 3,000 square feet in area and do not
provide the boarding of animals;
(24)
Not-for-profit library, art gallery, museum;
(26)
Shoe store or repair shop;
C. Accessory uses. Accessory uses shall be limited to those uses on
the same lot with and customarily incidental to any of the above permitted
uses.
D. Special uses. The following uses shall be permitted only with a special permit issued pursuant to Article
XXIX:
(1)
An eating or drinking establishment that exceeds the thresholds described in §
248-352B(3) and/or one that serves alcoholic beverages;
(5)
Churches or similar places of worship;
(6)
Cellular towers and cellular antennas;
(7)
A permitted use operating between the hours of 10:00 p.m. and 7:00 a.m., provided said use meets the standards enumerated in §
248-251.3;
(8)
Assisted living housing which meets the definition for "Specialized senior housing facility or facilities" as defined by §
248-2; and
(9)
Uses similar to permitted uses as determined by the Board of
Trustees.
E. Special ground floor use limitations. Except in the case of an attached
housing or townhouse use, where ground floor commercial use is prohibited:
(1)
Buildings shall contain finished ground floor area of at least
50% of the area of the second floor (the "minimum finished ground
floor area");
(2)
Fifty percent of the minimum finished ground floor area must
be commercial use and must front on a street.
F. For area requirements, see area zoning criteria set forth on the
Schedule of Regulations.
In the MU-R3 District, no lot or building shall be erected,
altered or used other than as follows:
A. Principal uses.
(1)
Attached housing and townhouses;
(2)
Multiple-dwelling residential use provided that buildings must
contain finished ground floor area of at least 50% of the area of
the second floor (the "minimum finished ground floor area"). The minimum
finished ground floor area must front on a street.
B. Accessory uses. Accessory uses shall be limited to those uses on
the same lot with and customarily incidental to any of the above permitted
uses.
C. Special uses. The following uses shall be permitted only with a special permit issued pursuant to Article
XXIX: churches or similar places of worship; cellular towers and cellular antennas; and specialized senior housing facility or facilities, as defined by §
248-2.
D. For area requirements, see area zoning criteria set forth on the
Schedule of Regulations.
In the MU-R4 District, no lot or building shall be erected,
altered or used other than as follows:
A. Principal uses.
(1)
All uses permitted in the MU-R2 District;
(2)
Adult uses pursuant to Article
XXVI.
B. Accessory uses. Accessory uses shall be limited to those uses on
the same lot with and customarily incidental to any of the above permitted
uses.
C. Special uses. The following uses shall be permitted only with a special permit issued pursuant to Article
XXIX: those permitted in the MU-R2 District.
D. Special ground floor use limitations. Except in the case of an attached
housing or townhouse use, where ground floor commercial use is prohibited:
(1)
Buildings shall contain finished ground floor area of at least
50% of the area of the second floor (the "minimum finished ground
floor area");
(2)
Up to 50% of the minimum finished ground floor Area may be commercial
use and must front on a street.
E. For area requirements, see area zoning criteria set forth on the
Schedule of Regulations.
In the MU-R5 District, no lot or building shall be erected,
altered or used other than as follows:
A. Principal uses.
(1)
All uses permitted in the MU-R2 District.
B. Accessory uses. Accessory uses shall be limited to those uses on
the same lot with and customarily incidental to any of the above permitted
uses.
C. Special uses. The following uses shall be permitted only with a special permit issued pursuant to Article
XXIX: those permitted in the MU-R2 District.
D. Special ground floor use limitations. Except in the case of an attached
housing or townhouse use, where ground floor commercial use is prohibited:
(1)
Buildings shall contain finished ground floor area of at least
50% of the area of the second floor (the "minimum finished ground
floor area");
(2)
Up to 50% of the minimum finished ground floor Area may be commercial
use and must front on a street.
E. For area requirements, see area zoning criteria set forth on the
Schedule of Regulations.
In the MU-R6 District, no lot or building shall be erected,
altered or used other than as follows:
A. Principal uses.
(1)
All uses permitted in the MU-R2 District.
B. Accessory uses. Accessory uses shall be limited to those uses on
the same lot with and customarily incidental to any of the above permitted
uses.
C. Special uses. The following uses shall be permitted only with a special permit issued pursuant to Article
XXIX: those permitted in the MU-R2 District.
D. Special ground floor use limitations. Except in the case of an attached
housing or townhouse use, where ground floor commercial use is prohibited:
(1)
Buildings shall contain finished ground floor area of at least
50% of the area of the second floor (the "minimum finished ground
floor area").
(2)
Up to 100% of the minimum finished ground floor area may be
commercial use and must front on a street.
E. For area requirements, see area zoning criteria set forth on the
Schedule of Regulations.
In the MU-R7 District, no lot or building shall be erected,
altered or used other than as follows:
A. Principal uses.
(1)
All uses permitted in the MU-R2 District.
B. Accessory uses. Accessory uses shall be limited to those uses on
the same lot with and customarily incidental to any of the above permitted
uses.
C. Special uses. The following uses shall be permitted only with a special permit issued pursuant to Article
XXIX: those permitted in the MU-R2 District.
D. Special ground floor use limitations. Except in the case of an attached
housing or townhouse use, where ground floor commercial use is prohibited:
(1)
Buildings shall contain finished ground floor area of at least
50% of the area of the second floor (the "minimum finished ground
floor area").
(2)
Fifty percent of the minimum finished ground floor area must
be commercial use and must front on a street.
E. For area requirements, see area zoning criteria set forth on the
Schedule of Regulations.
Within the Maple Union TOD District, all structures and land uses hereafter erected, enlarged or extended shall be provided with the amount of off-street automobile parking space and loading and unloading space required by the provisions of Article
XXXI of the Code.
The procedure for any application for development under this
article, whether as of right or seeking developmental bonuses, shall
involve the approval of a preliminary development concept or site
plan by the Board of Trustees and the approval of a final detailed
site plan, and a subdivision plat, if applicable, by the Board of
Trustees. For the sake of clarity, all development proposals for land
situated within the Maple Union TOD District must be brought under
this article in lieu of any other provisions of the Village Code.
A. Application for development under this article. Application for establishment,
extension, or expansion of a development under this article in the
Maple Union TOD District shall be made by submitting 10 copies of
the application to the Board of Trustees. The application shall include,
at a minimum, the following:
(1)
The names and addresses of the property owner(s), the applicant(s),
if other than the owner(s), and the planner, engineer, architect,
surveyor, and/or other professional engaged to work on the project.
(2)
Where the applicant(s) is/are not the owner(s) of the property,
written authorization from the owner(s) for the submission of the
application.
(3)
A written narrative statement describing the nature of the proposed
project, how it is designed to serve the purposes of this article,
the site's relationship to immediately adjoining properties and the
surrounding neighborhood, the availability and adequacy of community
facilities and utilities to serve the site, and the safety and capacity
of the public roadways in the area of the site in relation to the
anticipated traffic generation from the site.
(4)
A written statement of the proposed method of ownership and
maintenance of all common utilities, common facilities, and areas
of open space within the proposed development.
(5)
A written statement of the method that will be used to ensure
compliance with any affordable, workforce, age-restricted, or veterans
housing and eligibility requirements for same.
(6)
A preliminary development concept or site plan for the proposed
project, drawn to a convenient scale, and including the following:
(a)
The area of the project site, in both acres and square feet;
(b)
A site location sketch or radius map indicating the location
of the project site with respect to neighboring streets and properties,
the names of all owners of property within 200 feet of the site, the
existing zoning of the site, and the location of all zoning district
boundaries in the surrounding neighborhood;
(c)
A preliminary site development plan, indicating the approximate
location and design of all buildings, the arrangement of parking areas
and access drives, the general nature and location of other proposed
site improvements, and the lot configuration if applicable; and
(d)
A preliminary rendering of the architectural treatments expected
to be implemented on completion of the project.
(7)
An application fee, which shall be established from time to
time by resolution of the Board of Trustees.
(8)
In order to evaluate compliance with the New York State Environmental
Quality Review Act ("SEQRA"), along with an application for development,
an applicant must submit an analysis prepared by a qualified environmental/planning
professional evaluating consistency of the proposed action with the
conditions and criteria set forth in the findings statement for the
proposed zoning amendments to the Village of Westbury Code, as adopted
by the Village Board. Such analysis must evaluate the cumulative impacts
of other project(s) for which: a) there is a valid application pending
for development; or b) a development has been approved but not yet
constructed and occupied at the time of the extant application.
(a)
Upon submission of a development application, the Village Board
shall review the materials and may request additional information
as needed to complete its evaluation of the consistency of the proposed
action with said conditions and criteria. Upon receipt of all information
deemed necessary for the review and upon completion of its review,
the Village Board shall inform the applicant, in writing, as to the
level of SEQRA review required, if any, pursuant to 6 NYCRR 617.10(d),
Generic environmental impact statements.
(9)
A conflict disclosure form as amended from time to time by the
Board of Trustees.
(10)
A zoning analysis reflecting the proposal as an "as of right"
build or indicating any proposed bonus zoning sought.
(11)
A list of public benefits offered to the Village and a written analysis as described in §
248-359C.
(12)
The written description of the plan for private sanitation, waste and rubbish disposal to be implemented, as required in §
248-362A.
(13)
A deposit to be used by the Board of Trustees to engage professionals
to review the application.
(14)
A written undertaking of applicant, in form acceptable to the
Village, agreeing that applicant shall reimburse the Village for its
actual out-of-pocket expenses of counsel and consultants (engineering,
environmental, etc.) to be retained by the Village to assist the Village
in considering the application, together with a deposit, in an amount
to be determined by the Board of Trustees, as an advance against such
reimbursement obligations. Applicant shall, if requested by the Village,
make additional advances to the Village as necessary to restore such
deposit as expenses are incurred and the advance depleted.
(15)
A written undertaking of applicant, in form acceptable to the
Village, agreeing that applicant shall hold the Village harmless for
any loss of Village real property tax revenues in the event that applicant
obtains real property tax incentives abatements or exemptions, including
any payment in lieu of taxes (PILOT).
(16)
Such other information as may be determined necessary by the
Board of Trustees in order to properly enable them to review and decide
upon the application.
B. Procedure for approval.
(1)
In its discretion, the Board of Trustees may determine, at any
time, with or without a public hearing, and with or without review
pursuant to SEQRA and its implementing regulations, that an application
which requires bonuses or discretionary approval by the Board of Trustees
will be denied or not entertained.
(2)
If the Board of Trustees determines to entertain a preliminary
application for approval pursuant to this section, the applicant shall
be required to submit to the Village a final detailed set of plans
including a final site plan and subdivision plan (if applicable) and
such additional materials and information as the Board of Trustees
may require. Once all submissions have been made to the satisfaction
of the Board of Trustees, the Board of Trustees shall promptly schedule
and hold a public hearing on the application pursuant to the same
notice and procedural requirements that are prescribed for Village
local law adoption.
(3)
The requirements of SEQRA and its implementing regulations shall
be complied with for any application pursuant to this section.
C. Decision by the board of trustees.
(1)
The Board of Trustees will render a final decision on an application
after it closes the public hearing. The Board of Trustees may deny,
approve or approve with modifications or conditions the application.
This article is intended to provide the Board of Trustees with the
broadest level of discretion possible in evaluating proposed public
benefits and resulting bonuses.
(2)
The Board of Trustees may require, incident to granting an approval,
that the applicant(s) submit a declaration, to be recorded in the
Office of the Nassau County Clerk, imposing such covenants and restrictions
on the property included in such district as the Board of Trustees
may deem necessary or desirable in order to protect the interests
of the Village and assure that such property will be developed and
maintained in accordance with, and will not be used in violation of,
the purposes and provisions of this section. The Board of Trustees
may also require, incident to any approval, a community benefit or
similar agreement which documents certain aspects of the applicant's
responsibilities with regard to the project.
(3)
Approval of the site plan, subdivision plan and/or approvals
on a proposed development shall expire two years after the applicable
approval; within such period the applicant shall have filed for, received
and is constructing pursuant to a building permit for such development.
The Board of Trustees, upon written request of the applicant, may
extend the above time period for two additional periods of not more
than six months each.
(4)
No building permit shall be issued and no commencement of use
shall be permitted unless and until a site plan and all other permits
and approvals shall have been issued by the Board of Trustees.
(5)
Where a proposed MU District development involves a subdivision
or resubdivision of land, no development may proceed unless and until
the Board of Trustees has granted final subdivision plat approval,
it being the intention of the Board of Trustees to retain subdivision
approval to themselves with regard to applications under this article.
(6)
In its discretion, the Board of Trustees may require bonding.
The Board of Trustees is authorized to impose such requirements for
bonding with respect to any project or approved development, construction,
and improvements as it deems necessary and appropriate, and also to
condition the release of such bond or portions thereof on the approval,
acceptance, or dedication of all or any portion of the work that has
been bonded.
(7)
Referrals. The Board of Trustees may, by resolution of the Board
of Trustees, in its discretion, refer any application, or any aspects
thereof, to a Village board or commission whose input may be deemed
appropriate by the Board of Trustees for recommendation and/or decision.
If referred for approval, any such approval by such board shall be
in lieu of, and have the force and effect of, the Board of Trustees
determination under this article.
D. Waiver. The Board of Trustees may waive any submission it deems not
necessary in order to evaluate an application. No failure on the part
of the Village to exercise any right or power under this article,
or to insist upon strict compliance with the provisions of this article,
and no custom or practice of any party at variance with the terms
and conditions of this article, shall constitute a waiver of the Village's
right to demand exact and strict compliance with the terms and conditions
of this article.
E. Severability. Should any court of competent jurisdiction determine
that any clause, sentence, paragraph, word, section or part of this
section, or the application of same to any building, structure, land,
or owner, is unconstitutional, illegal, or invalid, such determination
shall not affect, impair, or invalidate the remainder of this section,
which shall be separately and fully effective, or the applicability
of this section to any other building, structure, land or owner.
F. Separate account for public benefit funds. If the Board of Trustees
determines that a suitable public benefit is not immediately feasible,
or otherwise not practical, the Board of Trustees may require, in
lieu thereof, a payment to the Village of a sum to be determined by
the Board of Trustees. If cash is accepted in lieu of, or in addition
to, other public benefits, such sum shall be deposited in a separate
account maintained by the Village to be used for public benefits authorized
from time to time by the Board of Trustees. Such public benefits need
not be specifically related to the subject project but may be, in
the Board of Trustee's discretion, generally beneficial to the Village.
G. Statutory authority and supersession. This section, and any local
law adopted pursuant to this article, shall be deemed to have been
adopted pursuant to the provisions of Municipal Home Rule Law § 10(1)(ii)(a)(14)
and the Statute of Local Governments, §§ 10(6) and
10(7), and this section shall supersede any provision of Article 7
of the New York Village Law and, specifically, §§ 7-718
and 7-725-a thereof, that are inconsistent with the provisions of
this section.