[Added 11-21-2005 by L.L. No. 3-2005]
A.
These provisions are enacted to provide for proper
affordable housing ownership opportunities for the Village's senior
citizens. It is hereby recognized that the Village has a high proportion
of senior citizens who are confronting adverse economic conditions,
limited fixed incomes, physical restrictions and rapidly accelerating
costs of maintaining detached single-family dwellings. The Village
Board deems it necessary and beneficial to the community to provide
for alternate affordable housing ownership opportunities for senior
citizens, as defined herein, within the Village.
B.
Pursuant to the public purpose of providing specialized
housing facilities for senior citizens to meet the special housing,
health care, social and recreational needs of this segment of the
population, the Village Board establishes a Golden Age Zone, as a
floating zone that permits the development of senior citizen housing
in such zones as more specifically provided herein.
A.
The Village Board may establish the Golden Age Floating
Zone in Apartment, Business AA, Business A, Business B and Industrial
Zoning Zones subject to the following standards and requirements.
Such zone, upon Village Board approval, shall be affixed to the official
Village Zoning Map where such zone is proposed.
B.
The site shall be located within a convenient distance
from a central business zone or hamlet which provides shopping opportunities,
public transportation and other community-based facilities.
C.
Due consideration shall be given to the character
of the existing neighborhood and historic buildings or sites, if any,
on or near the site.
D.
The site shall be of sufficient size and shape so
as to provide for buffer areas, where appropriate, to screen the development
from adjacent properties.
E.
The site shall be well drained and have soils capable
of handling on-site stormwater without endangering adjacent properties
or the water supply and shall, in all events, be designed to comply
with all Nassau County codes, rules and regulations relative to the
drainage. All sewage shall be connected to the Village sanitary sewer
system.
F.
Site topography shall not exceed five-percent slope,
except for natural buffer areas or artificially created buffer areas.
G.
The site shall have not less than 150 feet frontage
on an improved, existing state, county, town or Village road so as
to permit vehicular ingress and egress from the site.
H.
Public water supply shall be sufficient and available
to serve the development.
I.
Underground electric service shall be provided to
the site.
J.
Sites lying wholly within a floodplain shall not be
considered.
K.
Subject structure should provide for rooftop green
space for not less than 1/2 the available space on said roof.
The Golden Age Zone shall be limited to occupancy
by:
A.
Persons who are 55 years of age or over.
B.
A husband or wife under the age of 55 years who is
residing with his or her spouse who is 55 years of age or over.
C.
Children and grandchildren residing with their parents
or grandparents where one of said parents or grandparents with whom
the child or grandchild is residing is 55 years of age or older, providing
that said child or grandchildren are over the age of 19 years and
provided further that there is sufficient air space for all occupants
as required by the New York State Building Code.
D.
Adults under 55 years of age may be admitted as permanent
residents if it is established that the presence of such persons is
essential for the physical care or economic support of eligible older
persons.
No basement or cellar shall be occupied as living
or sleeping quarters, except that management and/or custodial employees'
offices and/or living quarters may be provided in the basement area.
Not more than one such apartment shall be permitted per residential
development.
No building shall be greater than five stories
and 50 feet in height, inclusive of parking garage, except that the
height limitation shall not apply to rooftop bulkheads, mechanical
equipment, elevator rooms, equipment rooms, similar installations,
parapets, roof fences or skylights over rooftop pools.
The building area shall not exceed 40% of the
lot area, exclusive of accessory buildings and/or structures.
A.
There shall be two side yards, one on each side of
the main building, each having a minimum width of at least 20 feet,
except that where there are two or more main buildings upon the plot,
the minimum side yard requirement of 20 feet shall apply only along
the side property lines of the entire plot.
B.
The Village Board may modify this requirement if in
the judgment of the Board sufficient landscaping is included to screen
the building and parking areas from the street and adjoining properties.
The minimum lot area shall be not less than
25,000 square feet.
Vestibules, chimneys, cornices, eaves, gutters,
stoops or bay windows projecting not more than 60 inches are hereby
permitted as encroachments into yard areas.
The aggregate floor area of all accessory buildings
on the site may be up to 40% of the total area of the rear yard but
not more than 15% of the total lot area; accessory buildings may not
exceed 12 feet in height. The yard area occupied by such accessory
buildings shall be included in computing the maximum percentage of
the lot area which may be built upon.
A.
The minimum open space between the exterior walls
of residential buildings on the site shall be equivalent to the maximum
height of the taller building but, in no case shall the distance between
buildings be less than 20 feet.
B.
The Village Board may modify this requirement if in
the judgment of the Board sufficient landscaping is included to screen
the building and parking areas from the street and adjoining properties.
The minimum floor area for a dwelling unit in
a Golden Age Zone shall be 600 square feet.
A.
There shall be provided off-street on-premises parking
sufficient to accommodate five automobiles for each four apartments.
B.
All open parking facilities provided pursuant to the
requirements of this article shall be paved or surfaced in accordance
with sound engineering and construction practices, and each parking
space shall be no less than 8.5 feet in width by 18 feet in depth
and shall be individually identified by pavement marking.
C.
The parking provided shall include parking for the
handicapped as may be required by the New York State Building Code.
No multiple-family dwelling authorized hereby
shall be erected or altered to accommodate or make provision for more
than 50 dwelling units per acre; for the purpose of this section,
a dwelling unit shall be such combination of rooms with provision
for living, cooking, sanitary and sleeping facilities arranged for
the use of one family. In the case of fractional acreage the density
shall be prorated.
No multiple-family dwelling authorized by this
article shall be erected, altered or used unless provided with municipal
sewage disposal facilities.
A.
There shall be provided not less than 25 square feet
of usable outdoor recreation area per dwelling unit exclusive of walks,
driveways, and parking areas, unless the Village Board determines
that there are sufficient public recreation facilities within the
surrounding area. Upon such determination the Village Board may waive
or reduce this requirement.
B.
There shall be provided not less than 10 square feet
of usable interior recreation area per dwelling to be used as a card
room, party room, meeting room or similar all-purpose room for use
by the residents of the building.
A.
The determination of screening buffers and fencing
shall be made by the Village Board, based on the characteristics of
the site and the nature of adjacent lands.
B.
Parking areas shall be paved in accordance with Village
requirements and provide for on-site drainage. Sidewalks shall be
provided along all internal and external street frontages. Internal
roadways shall have a minimum width of 25 feet and be curbed.
C.
Due consideration shall be given in planning walks,
ramps and driveways to prevent slipping or stumbling, and handrails
and ample places for rest shall be provided. Gradients of walks shall
not exceed 5%, and single-rider grade changes in walks shall not be
permitted. All outdoor areas available to the residents shall permit
such residents to move about without danger and with minimum effort.
D.
The design and location of all site improvements and
all buildings must be consistent with the ultimate purpose of achieving
independent, self-reliant and pleasant living arrangements for senior
citizens.
E.
Adequate facilities shall be provided for the removal
of snow, trash and garbage and for the general maintenance of the
development. When the method of disposing of trash and other solid
wastes is by means of industrial-type receptacles (dumpsters), all
such receptacles shall be suitably enclosed on all four sides by aesthetic
opaque screening, and no receptacle enclosure shall be within 50 feet
of any window of any habitable dwelling unit.
F.
Lighting of the grounds shall provide illuminations
sufficient for the convenience and safety of the residents. However,
such outdoor lighting shall not project light onto, nor shall light
sources be visible from, adjacent properties. No outdoor light source
shall be more than 12 feet above the ground level underneath it.
G.
At least one smoke-detector device, one carbon monoxide
detector and one emergency alarm device shall be provided in each
dwelling unit; the premises shall contain a fire sprinkler system
designed in accordance with requirements of the Village of Freeport
and Nassau County.
H.
Where full-time, twenty-four-hour superintendence
services are not provided, there shall be posted within each dwelling
unit a twenty-four-hour emergency phone number at which either managerial
or maintenance personnel may be contacted. In addition, the owner
shall be required to make application for at least one public telephone
to be conveniently located within the development.
I.
The Village Board shall have the right to require
that the applicant or owner execute such agreements and covenants
as it may deem to be required. Said agreements or covenants shall
be recorded in the County Clerk's office and constitute a covenant
running with the land. Such covenant or agreement may be modified
or released only as set forth in said covenant or agreement or by
the Village Board.
J.
The dwelling units may contain up to, but not more
than, two bedrooms per unit. Rooms designated as dens, libraries and/or
family rooms shall be deemed to be bedrooms.
K.
The building shall contain a laundry room with washing
machines, dryers and a washbasin for use by residents of said building.
L.
The dwelling units will be offered "for sale" only.
A.
Petitions for a Golden Age Zone classification shall
be submitted in accordance with the Village Code, to the Village Clerk,
together with a filing fee for such application in the amount of $750.
Simultaneously therewith, the petitioner shall file a copy of said
application and supporting documents with the Superintendent of Buildings,
including site plans, floor plans and elevations.
B.
Plans shall be submitted with the application as follows:
(1)
An overall development plan for the entire tract covered
by the application, drawn to scale, prepared by competent professionals,
licensed by the State of New York to do such work. Indicated thereon
shall be shown:
(a)
Property lines and names of adjoining owners.
(b)
Topography, showing existing contours and elevations,
areas with existing growth, watercourses and water areas based upon
an actual field survey. The plan shall further indicate the certification
by a licensed land surveyor or professional engineer that the topography
shown resulted from an actual survey and the date of that survey.
(c)
Street and road alignment and proposed parking
areas.
(d)
Location of structures with elevations.
(e)
Areas to be dedicated to the Village for open
space use.
C.
The Village Board shall refer all applications for Golden Age zoning designation to the Planning Board for review, report, and recommendation, including but not limited to a parkland set aside as contained in § 209-7B, of the Code of the Incorporated Village of Freeport.
D.
Upon the approval of the petition by the Village Board,
final site plans shall be submitted to the Village Clerk in accordance
with applicable site plan review requirements. Said plans shall show
any additional data or requirements deemed necessary by the Village
Board in its approval.
In the event any part or portion of this article
shall be adjudged or determined to be invalid for any reason, such
adjudication or determination shall not affect the validity of any
other part or portion of this chapter. In the event that any provision
of this chapter shall conflict or be inconsistent with any other provision
of law, the more restrictive such provision shall be deemed to prevail
to the extent inconsistent.
