[Effective 12-10-1979]
This article shall be known and cited as the "Cluster Residence Districts (CR) Article."
A. The purpose of the article is to provide for planned cluster residential development affording greater flexibility and variety than traditional zoning districts. Such development will require the establishment of one or more districts. More particularly, such districts will provide a means of encouraging imaginative designs, consolidation and use of open space, separation of pedestrian and vehicular traffic and project amenities. These things will advance the Town's long-established and continuing policy of encouraging home ownership. These also present the best means of home ownership at a lower cost in the face of the climbing costs of land, construction, loans, operation and maintenance, and to provide for the changing needs of town residents.
B. At the outset, it is proposed to establish one such district. As time goes on, additional similar districts may be warranted because of the size of the Town, the scarcity of vacant land and the varying circumstances of its numerous communities and neighborhoods. Additional districts will permit development at different densities and sizes. However, it is intended that densities shall remain low in order to preserve the suburban character of the Town.
C. The Condominium Law of the State of New York (Real Property Law, Article 9-B) provides a legal mechanism and structure suitable for the implementation of cluster residential development, beginning with the initiation of the development and continuing through its life.
D. This article, in combination with the Condominium Act. is intended to provide a framework to accomplish these purposes.
E. The Town Board fords that the creation of this zoning district is in the public interest and that the provisions of this district are in the interest of the protection and promotion of the public health, general welfare and safety of the residents of the Town of Hempstead. The application of this district to a specific plot shall be made only after reasonable consideration is given to, among other things, the character of the district. its suitability for the use, the desire to conserve the economic value of other properties in the neighborhood, and encouraging the most appropriate use of lands, including the development of a property in such a way as to enhance its natural features. The application of this district to a specific plot shall be made only after it has been determined to be compatible with other land uses in the area and the character of the community.
The provisions of this article shall apply to the CR Cluster Residence Districts (CR), which may be developed within the B Residence Districts and the Business Districts upon approval of the Town Board under the provisions set forth herein.
The tract of land to be developed shall be in one ownership and shall be developed under unified direction and control as a single architectural project.
For the purpose of this article, certain terms or words have meanings not necessarily applicable to other sections of this ordinance and shall be interpreted or defined as follows:
ACCESSORY BUILDING - A subordinate building used in conjunction with the principal buildings on the plot, and shall be limited to garages for the parking of automobiles, buildings used for the purposes of common recreation facilities and maintenance buildings.
BUILDABLE LAND - The land within the development areas, the grade of which is four feet above mean sea level, Nassau County datum, is not defined as tidal wetlands in Article 25 of the Environmental Conservation Law of the State of New York and is not otherwise restricted by other provisions of law.
CLUSTER - A group of principal buildings around a common element, designed with the intention of providing larger open spaces elsewhere on the same plot.
COMMON ELEMENTS - Those lands, structures, portions of structures, facilities or partial interests therein the ownership and enjoyment of which are shared by all members of an association, corporation or other grouping of interested parties.
CONDOMINIUM - A form of ownership interest in dwelling units and other facilities acquired pursuant to Article 9-B of the Real Property Law of the State of New York.
DEVELOPMENT AREA, GROSS - The gross area of the development after deduction of the areas to be dedicated for public streets and without deduction for any internal areas whatsoever.
DEVELOPMENT AREA, NET - The area of the development after deduction of areas to be dedicated or designated for public use of access, or restricted from development to preserve specifically identified natural features.
LOT - The parcel of land to be conveyed to the unit owner as provided by the Condominium Act.
OPEN SPACE - That part of the buildable land, as defined in this article, of a condominium development which is devoted to outdoor recreational space and landscaping, and shall not include areas devoted to roadways or parking facilities, and shall be accessible to and available to all residents of the condominium development.
PRINCIPAL BUILDINGS - Those buildings containing dwelling units.
PRIVATE STREET - Internal traffic accessways not to be dedicated for public streets.
TOWNHOUSE - A row dwelling consisting of one family dwelling units for families living independently of another family, with individual access to utility services, separated from other units by a party wall and intended to be held in single and separate ownership from adjoining units.
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 this and other existing provisions of this ordinance, the provisions of the more restrictive Article shall control.
If any clause, sentence, section, paragraph or provision of this article shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, section, paragraph or provision directly involved in the controversy in which such judgment shall be made.
A. An application for a change of zone to a CR District shall be filed in writing with the Town Board and shall be accompanied by a plan which shall conform to the regulations and procedures of this article. In addition to any other requirements, the application shall be made and verified by either the fee owner or contract vendee of all premises described in the application. If made by a contract vendee, the consent of the owner of the fee shall accompany the application consenting to and joining in the request for approval of the application. The application shall also contain a written statement which sets forth the proposed treatment of any open land section of the site, the proposed method or type of ownership thereof, and the designation of responsibility for its maintenance.
B. The application shall contain a statement and maps fully setting forth proposals for developing the overall project in stages, including but limited to the order of construction, location, and number of units by type.
C. The application shall be accompanied by a general site plan providing sufficient information to allow the Town Board to meet the review requirements of § 155 of this article. The site plan shall be prepared at a scale of not less than one inch equals 100 feet, but in any case, at such a scale as to show sufficient detail, with supporting maps at such scales as necessary to clearly indicate the following, in addition to all data and information to meet the rules and regulations for approval of site plans for § 305 of the Town of Hempstead Building Zone Ordinance:
(1) Topography of the site at a contour interval no greater than two feet; existing major trees and landscape and environmental features, existing easements, covenants, public rights-of-way, and all other restrictions.
(2) Existing property boundary lines, setbacks and location of proposed structures.
(3) Outline of proposed building perimeters, including elevation of basement and cellar areas at doorway openings; first-floor elevations and roof elevations.
(4) Proposed topography, including elevations at corners of buildings, parking areas, and grades of other significant construction areas.
(5) Proposed building configuration, which shall show, for townhouses, staggered rooflines and front facades.
(6) Proposed treatment of exterior building surfaces.
(7) Height of all buildings and structures.
(8) Location, nature and ownership of all proposed streets and parking areas.
(9) Adjoining streets, access roads and walkways.
(10) Method of vehicular and pedestrian ingress and egress, including necessary off-site improvements and emergency access.
(11) Proposed landscaping, recreation facilities, fencing and exterior lighting.
(12) Proposed methods of preserving views and vistas from and through the site; and protection and enhancement of these and other environmental features.
(13) Proposed grading of the plot to include the disposal of surface water drainage and to indicate by report or map the effect of development on surrounding area drainage patterns.
(14) A table showing the following data, both required and proposed: site size, number of units by bedroom count, floor area and land area; parking spaces, coverage, height and common facilities.
(15) General methods of providing for collection and disposal of stormwater runoff and for handling sanitary sewage, refuse or other waste.
(16) Provision of municipal services.
D. In addition, the site plan shall be accompanied by sketches showing proposed architectural treatment; single-line floor plans showing layout of all buildings, and the text of all filed or proposed restrictions on the use of the land and buildings. The applicant shall submit a general statement describing the type of development proposed, which shall include a description of the proposed management and ownership of the various elements of the condominium development, including:
(1) Dwelling units.
(2) Common areas and facilities ownership.
(4) Street ownership and maintenance.
(5) Parking area ownership and maintenance.
E. The applicant shall submit any other information deemed by the Town Board to be necessary to a reasonable determination of the application. Such information shall be provided by the applicant.
A. Any application made pursuant to the provisions of this article shall originate by an application to the Town Board.
B. An application for inclusion of any premises in any district created by this article shall be submitted in accordance with Article XXVI of this Building Zone Ordinance. Site plans and statements, as required by § 305 of this Building Zone Ordinance and by this article, shall accompany such application. All applications shall provide for development and continued ownership and maintenance under the Condominium Act; further, the Town shall have the right to enter upon the open space and common elements to make inspections for compliance with the safeguards and conditions imposed by the Town Board in connection with site plan approval and with applicable provisions of law.
C. In the event that the Town Board approves said application, it may attach certain conditions to said approval, which conditions shall become an integral part thereof. The Town Board may dispense in whole or in part with conformity with the provisions applicable to this district, and may impose safeguards and conditions as it may deem appropriate, necessary or desirable to provide the spirit and objectives of this article.
A. On the filing of the detailed building plans and specifications with the Building Inspector, there shall be deposited with the Town a fee established in accordance with the provisions of Article XXVI of this ordinance and Chapter 86 of the Code of the Town of Hempstead.
B. No modification, or any change in the general location, layout and character of the project, including all elements of the approved site plan which shall include the architectural designs and arrangements of all buildings, as shown in the plans and specifications of the buildings and structures as approved, or in any of the other conditions set forth in the approval; shall be permitted without approval of the Town Board.
C. The failure to make application for a building permit within one year after approval by the Town Board of the CR District designation, or the failure to complete construction as set forth in said building permit within two years after the issuance thereof, shall be deemed to be an abandonment. Application for an extension of time may be approved by the Town Board subject to appropriate conditions and safeguards. If the project is deemed to be abandoned by virtue of the provisions above, all rights heretofore granted with respect to the CR approval shall terminate, and the requirements for development under the prior zoning district shall apply.
D. A certificate of occupancy shall not be issued for dwelling units until all of the facilities, buildings and improvements shown upon the approved site plan have been completed; however, a temporary certificate of occupancy may be issued when deemed to be appropriate by the Building Inspector.
A.building or structure may be erected, altered or used and a lot or premises may be used for one or more of the following purposes, and no other:
A. Single-family detached dwelling.
B. Single-family townhouse.
C. Accessory buildings, subject to limitations and provisos as follows:
(1) Detached private garages accessory to single-family dwellings on the same lot are permitted; all other detached private garages are prohibited.
(2) Group garages accessory to townhouses shall be integrated architecturally with the main building; all other group garages accessory to single-family dwellings and to townhouses are prohibited.
D. Professional offices located in the same dwelling unit in which the practitioner resides and incidental to such residential use, provided that these do not produce noxious or offensive odors, noises or vibrations.
E. Professional signs no larger than six by twelve (6 x 12) inches, bearing only the name and occupation of the professional practitioner residing on the same lot: all other signs are prohibited. These shall be no more than two signs per practitioner at any two of the following locations:
(1) The main entrance (directory).
(2) The lot front.
(3) The building face.
F. Recreational areas and facilities, where provided, shall be for the sole use of residents of the CR District and their guests, which may include, subject to the provisions of this ordinance, but is not limited to: tennis courts, clubhouse, swimming pool and other common area recreational facilities; and maintenance facilities.
G. Fences, hedges and shrubbery.
H. Parking areas constructed, used and maintained as a common element.
I. Other expressly permitted parking areas.
A. The gross development area shall not be less than 10 contiguous acres not traversed by existing streets.
B. Maximum density shall not exceed four dwelling units per gross developable acre or eight dwelling units per net developable acre, whichever is less. In no event shall the number of dwelling units exceed eight per acre of buildable land as defined in this article.
C. There shall be not more than eight units in any one building, except, however, that the Town Board may, as part of site plan approval, modify this standard to allow improved site development.
The following height limitations shall apply:
A. Single-family detached dwellings shall not exceed 25 feet in height.
B. Townhouses shall not exceed 30 feet in height, the measurement of which is set forth in Article 1, § 1, the definition of "height of building," except, however, where the mean level of the foundation wall used to determine the ground or first story is below the mean level of the established center-line grade of the street adjacent to the building plot, then this vertical difference shall be added to the required height.
C. The height of accessory buildings shall be determined upon site plan approval, but shall not exceed 20 feet.
