[Effective 7-20-2020]
This article shall be known and cited as the "Coastal Conservation
District - Woodmere Club (CC-WC)."
A.
Purpose.
(1)
The purpose of this article, in coordination with the contiguous
neighboring villages of Lawrence and Woodsburgh, is to regulate development
in the environmentally sensitive coastal areas that span the municipal
boundaries of the Town and the contiguous villages of Lawrence and
Woodsburgh, including the area occupied by the former Woodmere Club
- allowing for the enhanced preservation and protection of the Town's
and neighboring villages' environmental, coastal, open space and cultural
resources and the preservation of the residential neighborhoods -
both within the unincorporated areas of the Town and neighboring incorporated
villages of Lawrence and Woodsburgh, in and about the former Woodmere
club.
(2)
In the low-lying southern coastal areas of the Town and adjacent
contiguous villages there are located golf courses that have been
in place for more than a century, which open spaces provide not only
recreation but a natural mitigation against adverse impacts on the
environment and, therefore, the well-being and safety of the entire
region.
(3)
Climate change is becoming the defining environmental issue
of our time, particularly for vulnerable, low-lying coastal areas.
This change has taken shape already, in the form of more frequent
and intense storms, sea level rise and extreme flooding. It is no
longer a future endeavor, but rather a sound planning imperative,
that the Town and the villages of Woodsburgh and Lawrence immediately
address ongoing and future conditions, including greater risks of
flooding presented by sea level rise and enhanced storm surge, inland
flooding expected to result from increasingly frequent extreme precipitation
events and the increased risk of compound flooding, resulting from
simultaneous storm surge and heavy precipitation. Through proper and
coordinated regulation, the Town intends to do its part in preserving
the health, safety and well-being of residents in the area of the
Woodmere Club and the surrounding community.
(4)
Along the coast, and particularly in low-lying coastal areas,
it is imperative that the Town and the villages, as stewards of the
environment and protectors of their community safety, health and welfare,
assure that flood risk mitigation measures effectively preserve the
floodplain and surrounding areas. As the Department of Environmental
Conservation has expressed, the goal of managing the floodplain is
not only to ensure that new development is reasonably safe from flooding,
but to address existing risks, to avoid increasing risk to others
and to sustain natural capacities to slow and diffuse flood flows.
Reducing development in flood-prone areas allows the natural landscape
to absorb more floodwaters, reduce flooding to adjacent areas, recharge
groundwater and sustain a healthy ecosystem.
(5)
As a result of declining golf participation and membership at
eighteen-hole golf clubs, golf courses are closing, including the
Woodmere Club. The land of the Woodmere Club ("the Woodmere Club Property")
is approximately 118.4 acres in size and is located partially in the
Town of Hempstead (approximately 55 acres) and partially in the adjacent
contiguous villages of Woodsburgh (approximately 40.5 acres) and Lawrence
(approximately 22.9 acres).
(6)
As a result, this large and mostly open coastal area, spanning
the boundaries of these three contiguous municipalities, is vulnerable
to residential and commercial development, seriously threatening both
this environmentally sensitive coastal area, and the well-being of
the Town and villages and the region as a whole, and which potential
adverse impacts and loss of existing open space will not be adequately
mitigated by existing and inconsistent zoning regulations in both
the contiguous Town and villages with respect to permissible development,
lot size, lot coverage, density, building height and site-specific
development regulations.
(7)
It is the belief of the Town, in coordination with the contiguous
villages, that, unless addressed, the loss of this existing open space
to overdevelopment in the Town's environmentally sensitive coastal
areas presents an immediate threat to the public health and safety
of the Town, the adjacent villages, and the region as a whole, and
can best be mitigated, and the additional benefits accomplished, with
the coordinated creation of matching complimentary Coastal Conservation
District[s] in each municipality in conjunction with the adjacent
contiguous villages of Woodsburgh and Lawrence.
(8)
The Woodmere Club Property is located in a relatively vulnerable,
low-lying coastal area, well within special flood hazard area (100-year
floodplain) and the New York State Coastal Boundary Area. The Woodmere
Club Property is also impacted by shallow groundwater conditions.
The New York State Department of Environmental Conservation (NYS DEC)
has identified the presence of significant natural communities and
rare plants and animals at the Woodmere Club Property. The Woodmere
Club Property has also been identified by the New York State Office
of Parks, Recreation, and Historic Preservation (OPRHP) as a potentially
archeologically sensitive area. Given the presence of these environmental
and cultural resources, the Town intends to preserve a maximum amount
of open space while regulating residential development to a lower
level of density than that previously permitted within the Residence
B district of the Town.
(9)
Additionally, it is the belief of the Town that this article
will be beneficial in protecting the character of nearby residential
areas (as the Woodmere Club Property course extends into the villages
of Woodsburgh and Lawrence), by regulating overall residential density
to ensure substantial consistency with the existing, and newly adopted,
Town and village zoning regulations. Cluster-style development will
ensure that residential density remains consistent with neighboring
village regulations while also ensuring that much of the existing
and protective open space in the Woodmere Club Property remains.
(10)
A traditional subdivision layout with a minimum lot size of
one acre (43,560 square feet) within the fifty-five-acre Town of Hempstead
portion of the course would yield approximately 41 lots with no preservation
of open space. As such, residential density within the Town's portion
of the Woodmere Club Property would be equivalent to the density permitted
by the adjacent one-acre zoning within the villages of Woodsburgh
and Lawrence. At the same time, the proposed cluster-style development
for the Woodmere Club Property will allow for the preservation of
approximately 83 acres/70% open space throughout the Woodmere Club
Property. Sustainable design elements will be required in all residential
development applications, incorporating a sustainable approach and
low-impact development principles.
(11)
While the Town recognizes its responsibility to provide for
a properly balanced and well-ordered plan of development and land
uses within its community, it also recognizes that, in enacting local
zoning, consideration must be given to regional needs and requirements,
and that there must be a balancing of the local desire to maintain
the status quo within the community and the greater public interest
that regional needs be met.
(12)
The New York State General Municipal Law, § 239-NN,
indicates the intent and purpose of the State of New York to encourage
the coordination of land use development and regulation among adjacent
municipalities in order that each adjacent municipality may recognize
the goals and objectives of neighboring municipalities, and as a result
development occurs in a manner which is supportive of the goals and
objectives of the general area, and neighboring municipalities.
(13)
Pursuant to Article VIII, §§ 1 and 2-a, of the New York State Constitution, as effectuated by General Municipal Law Article 5-J, § 119-u, Village Law § 7-741, and Town Law § 284, the Town, the Village of Lawrence, and the Village of Woodsburgh agreed to coordinate regulation and entered into an intermunicipal cooperation planning and land use regulation agreement (the "intermunicipal cooperation agreement") with the purpose of undertaking mutually beneficial, shared and coordinated comprehensive planning and land use regulation for the Woodmere Club Property in order to promote intergovernmental cooperation, increase coordination and effectiveness of comprehensive planning and land use regulation, make more efficient use of infrastructure and municipal revenues and resources, as to enhance the protection of community resources which span municipal boundaries.
(14)
It is in that spirit, and pursuant to agreement of all three
municipalities to work together and the intermunicipal cooperation
agreement, that the Town, in conjunction and coordination with the
adjacent contiguous villages of Woodsburgh and Lawrence, adopts and
creates the Coastal Conservation District - Woodmere Club (CC-WC),
for the Town of Hempstead.
(15)
The proposed Coastal Conservation District - Woodmere Club (CC-WC)
district represents an intermunicipal plan that addresses current
and future physical climate risk changes due to sea level rise, storm
surge and flooding. The district recognizes these impacts in relation
to the unique geographical setting of the property at the Woodmere
Channel terminus, its historical and environmentally and ecologically
sensitive setting, and the anticipated flood impacts associated with
this location. The risks to both private and public, and existing
and future development, from flooding in this location under current
and anticipated future conditions, necessitates multijurisdictional
regulation guided by preservation and protection. The CC-WC District
incorporates climate change considerations, while preserving both
existing development and infrastructure, as well as protecting future
development, including development on the Club property, from the
virtual certainty of increasing flood risks as time progresses.
(16)
The Coastal Conservation District - Woodmere Club establishes
three subdistricts to ensure the preservation of existing open space
and regulate development in a manner that's compatible with area zoning
and development patterns. The Open Space/Recreation Subdistrict and
the Single-Family Residential Subdistrict both include portions of
the Town of Hempstead and the contiguous villages of Woodsburgh and
Lawrence, while the Clubhouse/Hospitality Subdistrict is located wholly
within the Village of Woodsburgh. The three subdistricts are described
in § 76.25 of this article.
B.
Findings.
(1)
The Town Board finds that the creation of this zoning district,
in harmony with the coordinated creation of a similar zoning district
in the contiguous villages of Woodsburgh and Lawrence, is in the public
interest and that the provisions of these coordinated contiguous complementary
zoning districts in each municipality are in the interest of the protection
and promotion of the public health, general welfare and safety of
both the residents of the Town of Hempstead and contiguous villages
of Lawrence and Woodsburgh.
(2)
The creation of this district, in coordination with the contiguous
municipalities, is intended to preserve the Town's natural resources
and environmental features, while also preserving community character
and the economic value of other properties in the neighborhood in
and about the former Woodmere Club. Special consideration is provided
for sustainable design elements, which will help to mitigate flood
impacts, preserve open space, decrease stormwater runoff, improve
local water quality and reduce traffic impacts. The regulations contained
within this article have been designed to be compatible and complementary
with other permitted land uses in the area and contiguous municipalities
and protect the character of their existing and developed residential
communities.
A.
The intermunicipal Coastal Conservation District - Woodmere Club
(CC-WC) shall apply to the land that comprises the privately owned
golf course commonly known as "the Woodmere Club," and referred to
herein as the "Woodmere Club Property" [Nassau County Land and Tax
Map Section 41, Block F, Lots 37, 40, 48, 310, 123/3024 (Lot Grouping),
3028, 3030A/3030B (Lot Grouping), and 3032; Section 41, Block D, Lots
53 and 55; and Section 41, Block 72, Lot 1/3/4/5A/5B/6-9/11-12 (Lot
Grouping)] (the "property"). Acreages identified within this article
are based upon Nassau County Geographic Information Systems (GIS)
2018 Tax Parcel database.
B.
The Building Zone Map of the Town of Hempstead shall be updated by
the Town Engineering Department to reflect the lands which are by
definition included within the CC-WC Coastal Conservation District
- Woodmere Club.
C.
In the CC-WC Coastal Conservation District - Woodmere Club, the following
regulations shall apply.
As used in this article, the following terms shall have the
meanings indicated:
A standard which preserves the ability of the floodplain
to store water. "Compensatory storage" means that loss of flood storage
due to buildings or fill in the floodplain is compensated for by providing
an equal volume of storage to replace what is lost.
The horizontal area of a lot covered by the roof areas of
all buildings and/or structures, in addition to all other impervious
surfaces, including but not limited to driveways, parking areas, patios,
terraces, permeable pavement and paver systems and other similar features.
Pervious hardscape surfaces that allow for the infiltration
of water into soils, helping to remove pollutants and recharge the
water table. Examples of permeable pavement surfaces include pervious
concrete, porous asphalt and permeable paving stones. Recycled concrete
aggregate (RCA) shall not be permitted as the basecourse material.
Open graded natural stone shall be used to facilitate stormwater permeability.
An irrigation control system that reduces outdoor water use
by monitoring and using information about site conditions (including,
but not limited to, soil moisture, rain, wind, slope, soil, plant
type), and applying the correct amount of water based on those factors.
A.
A conceptual development plan for the proposed development of the
property shall be filed simultaneously with the Town of Hempstead
and the villages of Woodsburgh and Lawrence for review purposes prior
to the filing of a map or subdivision application with the Nassau
County Planning Commission. The purpose of this procedure is to facilitate
a coordinated review with the Town and villages, including a conceptual
subdivision layout for the three subdistricts. The conceptual subdivision
layout shall include existing and conceptual proposed grading, proposed
drainage for the lots and infrastructure, lot configuration, hospitality
development proposal, and plans for maintenance of open space/common
areas.
B.
Upon receipt of the conceptual development plan, the Town and villages
shall review the plan for compliance with applicable zoning, subdivision
and site-specific (including any performance standards and sustainable
design) regulations in effect in the respective jurisdictions. Each
municipality shall inform the applicant as to compliance with such
regulations within 45 days of receipt of the conceptual development
plan, and may also provide comments regarding any relevant matter,
including plans for maintenance of open space and common area.
No permit shall be issued for any building requiring a building
permit unless the site is shown on a subdivision map approved by the
Nassau County Planning Commission and any other jurisdiction with
primary or concurrent subdivision jurisdiction, and filed in the Nassau
County Clerk's office.
A.
In interpreting and applying the provisions of this article, the
rules of interpretation applicable to remedial legislation shall be
used so that the spirit and intent of this article shall be observed.
B.
In the event of a conflict between the provisions of this article
and other provisions of this Building Zone Ordinance, the provisions
of this article shall control.
If § 76.25 or § 76.26 of this article shall
be adjudged by a court of competent jurisdiction to be invalid, such
judgment shall invalidate the remainder of this article. If any other
provision shall be so adjudged, it shall not invalidate the remainder
of this article. If there is found to be any imprecision, including
but not limited to lot descriptions or acreage of total property,
such will not invalidate this ordinance.
The Coastal Conservation District - Woodmere Club establishes
three subdistricts to ensure the preservation of existing open space
and regulate development in a manner that’s compatible with
area zoning and development patterns. The Open Space/Recreation Subdistrict
and the Single-Family Residential Subdistrict both include portions
of the Town of Hempstead and the contiguous villages of Woodsburgh
and Lawrence, while the Clubhouse/Hospitality Subdistrict is located
wholly within the Village of Woodsburgh. The three subdistricts of
the Coastal Conservation District - Woodmere Club are provided in
Figure 1 below and are described as follows:
A.
Open Space/Recreation Subdistrict: Accounting for approximately 35.7 acres of the approximately fifty-five-acre Town of Hempstead portion of the property (65% of the land area within the Town of Hempstead) and approximately 83.3 acres of the approximately 118.4-acre Woodmere Club (70% of total land area), the intent of the Open Space/Recreation Subdistrict is to preserve critical coastal open space areas to the maximum practicable extent. These open space areas provide flood mitigation from storm surge, stormwater, and sea level rise, provide critical habitats for wildlife and contribute significantly to the unique community character of the area. In recognition of the flood mitigation provided by these open space areas, and the protection of existing development and infrastructure in the Town and the surrounding area, the use of fill shall be regulated by the restrictions specified herein. Within the Open Space/Recreational Subdistrict, grading for the purposes of floodwater storage, including compensatory storage requirements of the Village of Lawrence (Lawrence Village Code: Article V, Construction Standards: § 94-13, General standards) and the Village of Woodsburgh (Woodsburgh Village Code: Article V, Construction Standards: § 77-15, General standards), shall be permitted. In addition, within the Open Space/Recreational Subdistrict, with the exception of areas associated for access, as defined in § 76.35C) of this article, any removal of trees greater than six-inch caliper, or raising of grade by more than 12 inches, requires an administrative approval by the Town Board pursuant to Town Code and the Building Zone Ordinance.
B.
Single-Family Residential Subdistrict: The Single-Family Residential
Subdistrict (approximately 29.4 acres of the approximately 118.4-acre
Woodmere Club Property, or 25% of total land area) comprises two distinct
development clusters, one in the Town of Hempstead portion of the
Woodmere Club Property (approximately 19.3 acres in size) and one
straddling the boundaries of the Village of Woodsburgh and the Village
of Lawrence portions of the Woodmere Club Property (approximately
10.1 acres in size). These clusters, zoned for residential housing
(religious and educational uses permitted by special exception), will
allow development that is compatible with the existing one-acre minimum
lot zoning in the Village of Woodsburgh and the 40,000-square-foot
minimum lot zoning in the Village of Lawrence, while retaining significantly
more open space than provided for in previous zoning and land use
regulations.
C.
Clubhouse/Hospitality Subdistrict: The Clubhouse/Hospitality Subdistrict
is limited to approximately 5.7 acres within the Village of Woodsburgh
portion of the Woodmere Club Property. The intent of this subdistrict
is to preserve and enhance the existing clubhouse of the Woodmere
Club and its associated hospitality services, including the parking
areas, athletic courts and outdoor swimming pool. This subdistrict
is regulated entirely by the Village of Woodsburgh and is not subject
to the regulations set forth in this article
 Figure 1: Coastal Conservation District - Woodmere Club
Map
|
A.
Within the Open Space/Recreation Subdistrict, a building may be erected,
altered or used and a lot or premises may be used for any of the following
purposes, and for no other:
(1)
Golf course: private or semiprivate, including practice golf
areas such as putting greens and practice pitching/sand bunker areas.
(2)
Passive parkland, including walking trails, nature observation
areas and passive recreation features.
(3)
Accessory structures and uses, which are customarily incidental
to any of the above-permitted uses, including maintenance buildings
not greater than 500 square feet with a maximum height of 16 feet
and pavilion/shelter areas not greater than 400 square feet with a
maximum height of 16 feet, are permitted. Setbacks for accessory structures
within the Open Space/Recreation Subdistrict shall be 100 feet from
both perimeter property lines and residential homes. Not more than
one such accessory structure per seven acres is permitted in this
subdistrict.
B.
Within the Single-Family Residential Subdistrict, a building may
be erected, altered or used and a lot or premises may be used for
any of the following purposes, and for no other:
Given the sensitive environmental resources present at the property,
special consideration for residential development standards, including
bulk regulations, spatial distances and sustainable design features
are provided for the Single-Family Residential Subdistrict within
§§ 76.28 through 76.42 below.
No dwelling or other building shall be constructed on a lot
unless it contains an area of not less than 12,500 square feet and
has a minimum street frontage of 100 feet and maintains a minimum
seventy-five-foot lot width for a minimum depth of 125 feet. Building
lots located on a cul-de-sac shall have a minimum street frontage
of 50 feet and a minimum lot width of 75 feet at a lot depth of 40
feet offset from the street line, and shall maintain a minimum lot
width of 75 feet for a depth of 125 feet.
No building shall be greater in height than 2 1/2 stories,
with a maximum height of 34 feet. Building height within a designated
special flood hazard area shall be regulated by § 352H of
the Town of Hempstead Building Zone Ordinance, except that the maximum
height restriction of § 352H(3) shall be superseded by the
maximum heights set forth in this § 76.29.
For a minimum lot size of 12,500 square feet, the building area
shall not exceed 30% of the lot area. In no case shall a building
area exceed 5,000 square feet, regardless of lot size. Overall, lot
coverage shall not exceed 60% of the lot area. Sustainable design
is required through the utilization of Town-approved permeable pavement
surfaces, which shall account for a minimum of 50% of any additional
lot coverage beyond the building area.
There shall be, two side yards, one on each side of the main
building, the aggregate width of which shall be at least 30 feet.
Neither side yard shall be less than 15 feet wide.
There shall be a rear yard, the depth of which shall be at least
40 feet.
A.
For all lots, impervious cover shall be reduced to the maximum extent
practicable and follow the regulations set forth in § 76.30,
Building area and lot coverage, above.
B.
Each building lot shall provide for the collection, storage and recharge
of stormwater on site, with no surface or roof runoff being directed
off of each individual lot, and, accounting for both roof and surface
runoff, shall be sized, at a minimum, for the volumetric design of
a three-inch rainfall event, based on the one-year, twenty-four-hour
storm event in New York State. Roof runoff will be piped underground,
directly to stormwater drywells, leaching galleys, and/or other accepted
infiltration practice. The use of green infrastructure is encouraged
Green infrastructure such as rain gardens and bioswales or other green
techniques approved by the Town Engineer will receive an additional
credit of two times the volume capacity provided up to a total reduction
of 1 1/2 inches. The three-inch volumetric design is separate
and in addition to any stormwater capacity provided for as part of
a real property subdivision map associated with the property. Automatic
irrigation systems utilizing smart controller technology shall be
required in all new residential construction. All automatic irrigation
systems shall also have rain and soil moisture sensors.
A.
The requirements for subdivision development within the CC-WC Coastal
Conservation District - Woodmere Club shall comply with all state
and local regulations, including compliance with Nassau County Ordinance
No. 46-2009 and Town Code § 181-19, and obtain all necessary
approvals as required by law. Proposed public streets shall have a
fifty-foot right-of-way width and a paved roadway width of 30 feet,
with sidewalk and curb design to be provided in accordance with county
and town requirements. Private streets shall have a fifty-foot right-of-way
width and, subject to approval of the Town Engineer, shall provide
a paved roadway width of a minimum of 26 feet, with sidewalk and curb
design, if any, commensurate with those indicative of low-density
communities. Maintenance of private roads, including snow removal
and garbage pickup, shall not be the responsibility of the Town.
B.
There shall be perimeter open space view corridors, extending from
an interior roadway to the perimeter of the residential lots, not
less than 80 feet in width and provided at a minimum for each 500
feet of contiguous residential property.
C.
Dedicated rights-of-way providing access to the property shall be
provided at the following locations:
(1)
Single-Family Residential Subdistrict: Access right-of-way shall
be provided off Meadow Drive (to be located 250 feet to the centerline
of the new right-of-way south of Broadway) and off Keene Lane (to
be located 280 feet to the centerline of the new right-of-way northwest
of Rutherford Lane). Emergency access rights-of-way shall be provided
at the southern terminus of Lotus Street and the northwestern terminus
of Tulip Street.
(2)
Clubhouse/Hospitality Subdistrict: An access right-of-way shall
be provided at the intersection of Meadow Drive and Keene Lane. The
requirements for subdivision development within the CC-WC Coastal
Conservation District - Woodmere Club property shall comply with all
state and local regulations, including compliance with Nassau County
Ordinance No. 46-2009, and obtain all necessary approvals as required
by law.
D.
Infrastructure costs associated with access and right-of-way improvements
shall be addressed by the respective applicant(s), at the cost of
the applicant(s) as determined at the time of an application made
to the Nassau County Planning Commission.
The following encroachments are hereby permitted:
A.
Cornices, eaves, gutters, chimneys or bay windows projecting not
more than 24 inches.
B.
Air-conditioning condenser units, emergency generators, basement
stairs and basement areaways, projecting not more than 36 inches into
one of the required side yards.
C.
Driveway piers not exceeding four feet in height.
D.
Exclusive of encroachments permitted under this section and structures
approved by Board of Appeals grant, second-story additions above existing
permitted one-story structures may project into any required yard,
provided that they do not extend beyond the wall of the existing structure.
A.
Accessory buildings may occupy not more than 18% of the required
area of the rear yard up to an average height of 12 feet. The yard
area occupied by such accessory building shall, however, be included
in computing the maximum percentage of the lot area which may be built
upon.
B.
Exclusive of an accessory private garage and a cabana permitted as
an accessory to a swimming pool pursuant to § 76.33, only
one structure can be erected and thereafter maintained, and such structure
shall be erected on the ground and in the rear yard only and shall
not exceed 144 square feet of floor area, nine feet in height maximum
and 12 feet horizontally maximum, unless authorized as a special exception
by the Board of Appeals.
No fence shall exceed six feet in height and shall be permitted on the rear lot line and those linear portions of the side lot lines enclosing a rear yard; provided, however, that the four-foot fencing does not extend beyond the front line of the house. Fencing shall not substantially obstruct line of sight and there shall be compliance with § 311 of Article XXXI of this ordinance, with respect to clear sight triangles.
Such signs which are authorized for single-family residences under the provisions of Article XXIV are permitted.
No excavations for purposes other than the construction of a
driveway, walk, a permitted wall or building or part thereof or accessory
thereto, or to remove topsoil from one part of the lands of an owner
to another part of the same premises, when such removal is necessary
as an accessory use or improving said property, shall be made unless
approved by the Board of Appeals.
A.
Within 45 days of the effective date of this article, unless a greater
period is determined necessary, specific amendments to the Building
Zone Map of the Town of Hempstead shall be prepared by the Department
of Engineering or its designate, precisely identifying the area included
in the CC-WC Coastal Conservation District - Woodmere Club.
B.
Notwithstanding the foregoing, this article shall be fully applicable
to all properties falling within the definition of CC-WC Coastal Conservation
District - Woodmere Club immediately upon adoption of this article
and in accordance with law, and any prior zoning district regulation
or classifications are thereby immediately superseded.
