[1]
Editor's Note: Local Law No. 2-1980 was adopted
5-5-1980 following a hearing on 12-27-1978. Because of the excessive
period between the hearing and the vote to adopt this local law, which
was to have rescinded the provisions of L.L. No. 1-1977 and which
was to have prohibited clustered zoning in North Haven, L.L. No. 2-1980
was never in legal force and effect, and the provisions of L.L. No.
1-1977 have therefore remained in effect.
[Amended 11-5-2001 by L.L. No. 3-2001]
For the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands, the Planning Board is hereby authorized, simultaneously with the approval of a plat containing not less than 15 acres, to modify the applicable provisions of §§ 163-12 through 163-21 hereof when, in the judgment of the Planning Board, such modification would benefit the Village. This authorization shall be deemed a mandatory procedure whenever the gross area exceeds 15 acres and shall apply to all land in the Village.
Before the clustering provisions of this article
shall be applicable, the owner shall make written application to the
Planning Board for the use of this procedure. Thereafter, a plat whose
approval would require the Planning Board to modify such applicable
provisions shall be processed in the normal manner, in accordance
with all appropriate provisions of the land subdivision regulations
of the Planning Board of the Village of North Haven,[1] and an applicant for subdivision approval under this article shall follow those procedures required of all other applicants (subdividers) by said regulations. No part of this Article III shall be construed so as to diminish benefits to a property owner eligible under § 146-27 to the benefits described thereunder.
The type of dwelling units permitted shall only
be one-family detached dwellings, not to exceed one dwelling on each
lot.
[Amended 8-4-1986 by L.L. No. 7-1986]
In an R-1 District, the resulting modifications
of such applicable provisions must at least conform to the following
minimum bulk and dimensional regulations:
A.
The minimum lot area shall be 40,000 square feet.
B.
The maximum lot coverage by main and accessory buildings
shall be 15%.
C.
The minimum lot width shall be 150 feet.
D.
The minimum street frontage and public or private
street shall be 40 feet.
E.
There shall be no minimum lot depth.
G.
The minimum yard for accessory buildings shall be
60 feet from the street and 30 feet from side and rear lot lines.
H.
The minimum livable ground floor area per dwelling
unit shall be 1,200 square feet.
I.
The maximum building height shall be 2 1/2 stories
and 35 feet.
A.
The Planning Board shall determine [pursuant to § 7-738(b)
of the Village Law] the maximum number of dwelling units (building
lots) to be permitted on any plat submitted to it for review under
this article. The number determined shall not exceed the maximum number
which could be achieved by a standard subdivision of the property,
which subdivision:
(2)
Conforms to all applicable federal, state, county
and town laws, Village laws and ordinances, Planning Board regulations,
including specifically the rules relating to the reservation of open
space, and all other applicable requirements from any source whatsoever
bearing upon permissible lot size and location or subdivision design
generally.
(3)
Excludes from the total lot yield land areas reasonably necessary in providing for legally adequate roads, drainage and other necessary features, such as natural buffer strips along streets, ordinarily required of modern subdivisions, and further excludes all areas listed under § 146-15.
[Amended 11-5-2001 by L.L. No. 3-2001]
B.
In determining the maximum number of building lots
thus achievable in a standard subdivision, the Planning Board shall
require an applicant to prepare and submit to it a plat showing such
a standard subdivision. Such plat shall not bind the Board in any
manner but may be used by the Board to assist it in making the determination
required of it by this section. Nothing in this section shall be construed
as limiting or abridging any authority currently possessed by the
Planning Board to require a reduction in the density of development
of a given property to a number of dwelling units (lots) less than
that allowed by zoning, where it is determined that such a reduction
is necessary to protect the public health, safety and welfare.
A.
Every plat processed under this article shall result
in open space equal in area to at least 50% of the total land area
of the land sought to be subdivided.
[Amended 11-5-2001 by L.L. No. 3-2001]
B.
For the purposes of §§ 163-27 and 163-28, "open space" shall mean lands retained and preserved in their natural state in accordance with § 163-28 and shall not include areas set aside within a subdivision for recreational needs, such as golf courses, tennis courts, swimming pools or recreational structures of any kind. Such open space shall fulfill the requirements of the land subdivision regulations of the Planning Board[1] regarding reservation of park and/or beach sites within
any new subdivisions; provided, however, that the Board shall retain
the right to condition the approval of any subdivision (whether or
not processed under this article) upon the inclusion in the plat of
recreational areas or facilities for subdivision residents.
B.
The Planning Board may require the use of one or more
of the following procedures as a condition for approval hereunder,
or it may leave up to the applicant the choice of which of the procedures
are to be employed.
C.
The Planning Board shall not grant final plat approval
unless and until the Village Board of Trustees grants the approval
herein after required for the particular procedure to be employed.
D.
It is the intention of this section that all lands
within any subdivision processed under this article, other than land
in individual lots, roads or community-owned recreation areas, remain
forever open. The following shall constitute acceptable procedures
for the treatment of open space:
(1)
Dedication to the Village. Open space may be dedicated
in perpetuity to the Village upon the consent of and under the conditions
imposed by the Village Board of Trustees.
(2)
Conveyance in perpetuity to an approved not-for-profit
corporation. Title to open space may be conveyed to a corporation
which the Village Board of Trustees determines to be competent and
legally able to protect, manage and conserve the natural condition
of such open space.
(3)
Conveyance in perpetuity to a property owners' association.
Simultaneously with the filing of the map, an applicant may create
a property owners' association embracing all property owners within
the map and providing for adequate annual contributions for maintenance
of the map's open space. If such an association is created, then:
(a)
The association must be created prior to the
sale of any lots.
(b)
Membership must be mandatory for each lot buyer,
as well as any and all successive buyers.
(c)
The open space restrictions must be in perpetuity,
not just for a given period of years.
(d)
The association shall be required to pay local
taxes, if any, to maintain all subdivision features and any trails
or structures established pursuant to this section.
(e)
Property owners must be required to pay their
pro rata share of all costs incurred, and the assessments levied by
the association must be capable of becoming liens on individual owner's
property.
(f)
The association must be capable of adjusting
assessments to meet changed conditions.
(g)
Covenants and restrictions establishing the
foregoing must be approved by the Village Board of Trustees and recorded
in the Suffolk County Clerk's office.
E.
Where there is to be a conveyance to an approved not-for-profit
corporation or to a property owner's association, as above provided,
the instrument of conveyance shall include appropriate language which
will cause title to the premises involved to vest in the Village of
North Haven in perpetuity should the corporation or association ever
attempt to transfer the property involved to a third party. A similar
vesting shall likewise occur if, in the judgment of the Board of Trustees,
the property is not maintained in the manner required or should any
other conditions required by the Planning Board or Board of Trustees
in the original conveyance not be complied with. The instrument of
conveyance shall also provide that, upon such vesting in the Village
of North Haven, the premises shall be maintained by the Village in
the same natural condition as required in the original conveyance.
F.
The Planning Board may authorize the creation of walks
or trails within or through open space, together with minor accessory
structures such as railings or platforms, in order that open space
may be visited without damage by subdivision residents or others on
foot. To this end, easements or other interests running in favor of
such person may be established as part of any of the acceptable treatment
of open space outlined in this section. If the open space is to be
maintained other than by dedication to the Village, the Planning Board
may require an open space easement running in favor of the Village
as a condition of approval. The Planning Board, as a condition of
plat approval, may establish such further conditions on the ownership,
use and maintenance of such open space as it deems necessary to assure
the preservation of such open space for its intended purposes.
Before final approval shall be granted by the
Planning Board to a subdivision plat processed under the clustered
zoning provisions of this article, the preliminary subdivision plat
must have been approved by resolution of the Board of Trustees. If
the Board of Trustees does not act within 30 days after receipt of
the preliminary plat from the Planning Board, the preliminary plat
will be deemed approved by the Board of Trustees.
In addition to all other requirements pertaining
to the filing of final subdivision maps, upon final approval by the
Planning Board of a plat submitted to it for review under this article,
the applicant's map submitted to the clerk of the county for filing
shall show thereon:
