[Added 12-14-1983 by L.L. No. 7-1983]
A.
The Board of Trustees finds that the topography of
certain parcels on the Village Tax Map do not lend themselves to the
conventional development as designated by their current zoning. It
also finds that it is essential to the public health, safety and general
welfare to encourage such forms of residential construction as will
promote the conservation of the remaining open space, preserve and
enhance natural beauty and resources and permit reasonable development
of large plots of land. It further finds that the creation of a Clustered
Housing District will substantially promote the conservation and enhancement
of natural beauty and resources.
B.
Among the objectives which should be achieved through
use of the CCH Clustered Housing District are the following:
(1)
The creative use of land so as to establish a more
desirable living environment than would be possible through the strict
application of other sections of this article.
(2)
The preservation of water bodies, wetlands, steep
slopes, hilltops, ridgelines, major stands of trees, outstanding natural
topography, significant geological features and other areas of scenic
and ecological values and the prevention of soil erosion.
(3)
Innovation, flexibility and variety in the type, design
and layout of residential housing so as to permit greater variety
in the choice of housing type, living environment and housing costs.
(4)
A district in harmony with the planning objectives
of the Village.
[Amended 3-18-1996 by L.L. No. 1-1996]
A.
A Conservation or Clustered Housing District (CCH),
known as "CCH-1," was created by Local Law No. 7-1983.
B.
For the purpose of implementing recommendations as
set forth in the Ardsley Business District Plan of 1994 and, more
specifically, to encourage diversity of use, reduce potential future
traffic generation, protect steep slopes, provide alternative housing
opportunities and protect the residential character of the Village,
an additional Conservation or Clustered Housing District is hereby
created and shall be known as "CCH-2."
C.
CCH Districts may be developed pursuant to a site
plan subject to this article and to the density requirements of the
R-3 District.
D.
Notwithstanding front, rear and side yard restrictions
otherwise contained in this Zoning Chapter and subject to the conditions
set forth in this article, dwelling units may be in attached, semidetached,
detached, grouped or clustered form.
E.
The site plan design shall provide for the grouping
or clustering of houses so that each cluster is set off from the others
and from adjacent property by intervening open space with the intention
of permanently preserving the undeveloped land and of permanently
preserving as much of the existing foliage as possible, particularly
around the perimeter of the site.
F.
Conserved land areas. A CCH District shall result
in the preservation of open space areas having meaningful scenic,
ecological, environmental and/or recreational characteristics, with
such access, shape, size and location as determined to be appropriate
by the Planning Board and acceptable to the Board of Trustees to satisfy
the intended purpose. The permanent preservation of such open space
areas shall be legally assured in accordance with the provisions of
this article by the filing of appropriate covenants, deed restrictions,
easements or other agreements in recordable form acceptable to the
Village Attorney to accomplish the restriction of any and all subsequent
residential or other development and/or the modification of the minimum
density or other requirements of this article.
[Amended 3-18-1996 by L.L. No. 1-1996]
A.
In a CCH District, the total number of individual
family dwelling units shall not exceed the number permitted if the
land were subdivided into lots conforming to all normally applicable
requirements of this Zoning Chapter, the Land Subdivision Regulations,
the Westchester County Health Department Regulations and all other
applicable requirements of the R-3 District (7,500 square feet). Each
structure shall comply with the building standards of the R-3 District
and with all other requirements of this article, except that houses
may be clustered or attached, semidetached or detached. The side,
front and rear yard setbacks of attached or semiattached dwelling
units shall also comply with the standards of the R-3 District, except
as expressly modified by the Board of Trustees when approving the
site plan, but, if the dwellings are detached, such setbacks may be
reduced by not more than 50%.
[Amended 3-18-1996 by L.L. No. 1-1996]
Construction of dwelling units in a horizontal
design, i.e., one over the other, shall not be permitted.
[Amended 11-21-2005 by L.L. No. 6-2005]
No building shall have a height of more than
two stories above the grade plane or 30 feet, whichever is less.
[Amended 3-18-1996 by L.L. No. 1-1996]
[Amended 3-18-1996 by L.L. No. 1-1996]
A buffer area shall be provided along the property
line of each CCH District, including all street lines. Said buffer
shall be at least 75 feet in depth, measured inward from the property
line, and shall be suitably landscaped with grass and shrubs, trees
or other ground cover or such screening as the Planning Board may
prescribe. No parking area and no principal or accessory building
or use shall be located in said buffer area, but driveways providing
direct access from the public street and walkways serving the CCH
District shall be permitted.
[Amended 3-18-1996 by L.L. No. 1-1996; 11-6-2000 by L.L. No. 2-2000]
The permitted uses within a CCH District shall
be as follows:
A.
All uses as permitted and regulated in the R-3 District.
B.
Attached, semidetached or other types of clustered
dwelling units.
C.
Assisted, independent and/or special needs living
units which, notwithstanding any inconsistent provisions of this chapter,
shall be subject to the following conditions and standards and the
issuance of a special permit and approval of a site plan by the Village
Board of Trustees:
(1)
Minimum lot area: 300,000 square feet, but not less
than 1,800 square feet per living unit.
(2)
Minimum street frontage: 500 feet on a state highway.
(3)
Maximum floor area ratio (FAR): 0.55.
(4)
Maximum building coverage: 25% of lot area.
(6)
Maximum building height: The maximum height of any
building shall not exceed 45 feet above the mean finished grade surrounding
such building, but in no case shall any part of a building exceed
one foot in height above the curbline elevation of an adjacent state
highway for each two feet which said part of a building is set back
from the state highway.
(8)
Recreation fee: $600 per unit.
(9)
Pedestrian access: Sidewalks shall be conveniently
provided throughout the site and along street frontages, as required.
Sidewalk connections shall also be provided to adjacent properties
where determined necessary or appropriate by the Village Board of
Trustees.
(11)
Signs: as permitted by the Village Board of
Trustees.
[Amended 3-18-1996 by L.L. No. 1-1996]
Except as otherwise specified herein, all development
standards and controls normally applicable to other residential districts
shall also be applicable to CCH Districts.
A.
Arrangement of buildings. The minimum distance between
any two clustered structures shall be 30 feet. The clusters shall
be staggered wherever possible. Each unit within each cluster shall
be staggered wherever possible.
B.
Future expansion. No expansion of individual units
or additions to clusters shall be permitted after final approval of
the site and construction plans.
C.
Roads. The right-of-way and pavement widths for internal
roads shall be determined from sound planning and engineering standards
to be adequate and sufficient in size, location and design to accommodate
the maximum traffic, parking and loading needs and the access of fire-fighting
equipment and police or emergency vehicles. All streets shall be subject
to all other applicable Village laws.
All self-propelled maintenance equipment, including
accessories, shall be stored in enclosed structures only, which structures
shall conform in architectural theme to the residential buildings
of the development.
A.
Visual privacy. Visual privacy shall be preserved
for residents through the proper design of rear yards and/or patio
spaces. Proper screening through the use of vegetation, fencing and
partially or fully enclosed patios shall be provided.
B.
Audio privacy. Audio privacy shall be maintained by
requiring proper standards for solid party walls that will satisfactorily
limit sound transmission between adjoining dwelling units. Such standards
shall be to the satisfaction of the Building Inspector.
A central television antenna system shall be
provided for each group of attached dwelling units.
The applicant for approval of a site plan shall
provide all necessary water and sewer facilities, fire hydrants, storm
drainage, highway access, paved service streets, parking and loading
facilities and off-streetlighting, making reasonable provision for
utility service connections with adjoining properties in other ownerships.
All utility lines shall be underground.
[Amended 3-18-1996 by L.L. No. 1-1996]
For single-family semidetached, detached or
attached dwelling units, two off-street parking spaces for each dwelling
unit shall be the minimum requirement. At least one of these spaces
shall be in a garage which is incorporated into the structure containing
the dwelling unit. There shall also be provided for passenger automobiles
for the exclusive use of residents of such a development and their
guests not less than nor more than 1/2 additional parking space for
each dwelling unit, which shall be fully open. Carports or partially
closed garages are prohibited.
A minimum of 30% of the land area shall be maintained
for open space, which areas shall not include interior roadways, parking
areas, private recreation areas, private open spaces and private courts
which abut and service any building.
The minimum land area for development shall
be not less than eight contiguous acres nor more than 12 contiguous
acres.
Access into all detached or attached dwellings,
detached group or cluster form, shall be at ground level.
Professional and other signs indicating the
name of the cluster housing residential development, traffic directional
and other signs shall be approved by the Board of Architectural Review.[1]
A.
The design of such a site plan shall provide for the
grouping or clustering of houses so that each cluster is set off from
the others and from adjacent property by intervening open space with
the intention of permanently preserving the undeveloped land for the
enjoyment of the residents of the site and of permanently preserving
as much of the existing foliage as possible, particularly around the
perimeter of the site.
B.
The site shall have a minimum street frontage of 200
feet upon a major collector street to service such development.
[Amended 3-18-1996 by L.L. No. 1-1996]
All buildings shall not cover in the aggregate
more than 12% of the area of the entire district.
[Amended 3-18-1996 by L.L. No. 1-1996]
If a CCH development involves a proposed subdivision
of land, the following requirements shall apply:
A.
As a condition of final approval, the open space or
undeveloped land areas (conserved land areas), whether landscaped
or not, shall be clearly defined on any site plan to be submitted
under this article as permanent open space and may never be further
developed.
B.
Every deed to a dwelling unit constructed pursuant
to this article shall contain a covenant or provision mandating that
all open space and outdoor recreational facilities shall be maintained
by the owners of such dwelling units. It shall be a condition to the
final approval of any such site plan that each such deed will be recorded
at the Westchester County Clerk's office within 10 days after its
execution and the form of such consent or provision must be approved
by the Village Attorney prior to issuance of a certificate of occupancy.
C.
The ownership of conserved land areas shall be divided
among all owners of building lots within the conservation district,
except that the roads or other open lands in the development may,
with the approval of the Planning Board and the Board of Trustees,
be dedicated to the Village. Prior to issuance of a certificate of
occupancy, the developer shall execute and file with the Planning
Board such documents as, in the opinion of the Village Attorney, will
be sufficient to create a property owners' association responsible
for the continued ownership, use and maintenance of all conserved
land areas in accordance with the following requirements:
(1)
Membership in the association must be mandatory for
each property owner within the CCH District and for any successive
property owners.
(2)
All restrictions on the ownership, use and maintenance
of conserved land areas must be permanent.
(3)
The association must be responsible for liability
insurance, local taxes and the maintenance of the conserved land areas,
including any active recreational areas and related facilities.
(4)
Each lot owner within the CCH District shall be made
responsible for paying his proportionate share of the association's
costs.
(5)
The association shall have the power to adjust assessments
to meet changing needs.
(6)
In the event that the maintenance, preservation and/or
use of the conserved land area(s) ceases to be in compliance with
any of the above requirements or any other requirements specified
by the Planning Board when approving the site plan, the Village shall
be granted the right to take all necessary action to assure such compliance
and to assess against the association and/or each individual property
owner within the CCH District all costs incurred by the Village for
such purposes.
(7)
The establishment of such an association shall be
required prior to the issuance of a certificate of occupancy.
Conserved land areas shall be preserved in their natural state and the use of such areas shall be limited to appropriate conservation, open space and recreational purposes as determined by the Planning Board, subject to the limitations in § 200-44. A portion of the conserved land area(s) may be designated "active recreation area" in a location approved by the Planning Board. Such active recreation area shall not exceed 5% of the total area of the proposed district. Within such area, structures and facilities for active recreation purposes, including playground equipment, swimming pools, tennis courts and so forth, may be constructed and operated for the use of the property owners in the CCH District and their guests. Where determined appropriate, the Planning Board may specify a phased construction schedule for such structures and facilities. Enlargement of such structures and facilities not shown on the filed plat shall be subject to approval of the Zoning Board of Appeals.
It is the specific intention to maximize the
open space available for use and access to the residents of the cluster
development. All residents in a clustered residential development
shall have access at all times onto and use of land in the development
on which no structures are erected. Roads or other open lands in the
development may, upon the recommendation of the Planning Board and
express approval of the Board of Trustees, be dedicated to the Village
or other public authority.
[1]
Editor's Note: Former §§ 200-53
through 200-61, regarding site plan approval and Planning Board review,
was repealed 12-2-1996 by L.L. No. 7-1996.
[Amended 9-3-1991 by L.L. No. 7-1991]
The Zoning Board of Appeals shall have the exclusive
authority to grant variances in or modifications to the provisions
and requirements of this article, except that no variance shall be
granted which will result in an increase in density or an increase
in height.
Whenever a public hearing is required, the applicant
shall give notice to all property owners within a radius of 200 feet
of each boundary line of the parcel or parcels by certified mail,
return receipt requested, or by personal service (with affidavit of
service), not less than 15 days prior to the date of such public hearing.
Notice of such public hearing shall be published in the official newspaper
of the Village at least 15 days prior to the date of such hearing.
[Amended 9-8-1987 by L.L. No. 2-1987]
A.
Each submission of a site plan pursuant to the provisions
of this section shall be accompanied by a properly completed application
form in three copies and a filing fee in the amount of $150, plus
$10 per each dwelling unit sought by or described in the site plan;
the minimum fee shall be $150.
B.
In any case, where an applicant seeks a revision of
or an amendment to a site plan which has been approved, the revised
or amended site plan shall be accompanied by a properly completed
application form and a filing fee of $100.
