[Effective 3-22-1992]

The Planned Unit Development District (PUD) is conceived and enacted to promote and protect the public health, safety, property values and general welfare of the Town of Hempstead. The general comprehensive planning goals for this district, among others, are the following:

A. To promote the most desirable and suitable use of land on sites which are unique due to size and location.

B. To encourage the continuation of or to establish new sports, recreational and cultural facilities in the Town.

C. To provide the opportunity for uses which satisfy town wide needs and are not otherwise available or only available in limited amounts throughout the Town.

D. To encourage the creation of housing, including affordable starter and senior citizen housing, in locations which are accessible to employment, shopping, transportation and recreational facilities so as to mitigate potential traffic, social and economic impacts of new, large-scale nonresidential development.

E. To promote mixed and balanced development that will complement existing land use and transportation patterns so as to prevent the overcrowding of land and minimize congestion.

F. To regulate development in such a way as to help preserve Long Island's limited water supply and conserve other natural resources.

G. To allow for reasonable economic uses of land, consistent with the intent of this district and the capacity of the available infrastructure to absorb the impacts of new development.

H. To encourage innovation and flexibility in design while ensuring that potential environmental impacts are minimized.

I. To provide a plan review procedure for such uniquely large and strategically located areas which will help to assure that their use will be most responsive to market needs and will preserve property values.

This article shall be known and cited as the "Planned Unit Development District (PUD)."

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.

The provisions of this article shall apply to the Planned Unit Development District (PUD).

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:

AFFORDABLE HOUSING UNIT - A dwelling unit whose sales price or rental value is substantially below market rate and which is to be occupied by a qualifying household.

QUALIFYING HOUSEHOLD - A household whose income level does not exceed the allowable maximum level established in § 372C of this article and, if not a senior citizen household, does not now own and has never previously owned a dwelling or dwelling unit.

SENIOR CITIZEN HOUSING UNIT - A dwelling unit restricted in its occupancy to individuals who are 62 years of age or older, except that a spouse under 62 years of age who is residing with his or her spouse who is 62 years of age or older is permitted.

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. Sports, recreational and cultural facilities:

(1) Equestrian racetrack, stadium, arena, field house, playing field, skating rink, tennis center or similar type of sports facility.

(2) Concert hall, museum, amphitheater or similar type of recreational or cultural facility.

(3) Public park, sculpture garden, landscaped pedestrian area or other similar type of public open space.

(4) The maximum combined simultaneous capacity of uses described in Subsection A(1) and (2) shall not exceed 70,000 persons.

B. Housing.

C. Offices and research and development facilities.

D. Hotels and motels.

E. Convention and/or trade exposition centers.

F. Cinemas.

G. Retail establishments.

H. Planned Senior Citizen Residential Community (PSCRC). [Effective 1-6-2004]

Accessory uses customarily associated with and clearly incidental and subordinate to a principal permitted use shall be allowed, including:

A. Signs in accordance with a comprehensive signage plan as may be approved by the Town Board as part of the site plan review process.

B. Parking and loading facilities, including parking structures.

C. Amenity uses which are customarily accessory to principal permitted uses and are designed exclusively to serve such uses as, including but not limited to, dining facilities, child-care centers, convenience retail, physical fitness facilities, etc.

D. Utility uses and structures.

E. A tire service station, a battery service station or a combination thereof when accessory to the principal permitted use in § 370G and when approved as a special exception by the Town Board of the Town of Hempstead. [Effective 12-13-1992]

F. Outdoor and indoor pools subject to § 105B of this ordinance. [Effective 5-17-1993]

A. All permitted uses are subject to the following regulations:

(1) Minimum area. The minimum area for a PUD shall be 150 acres of land having contiguity, except for any dividing street, public or private, on which such tract, or any portion thereof, may have frontage.

(2) Ownership. The land proposed for a PUD may be owned by one or more persons, partnerships, limited partnerships, trusts or corporations, but must be presented as a single parcel at the time of application for PUD Master Plan approval by the Town Board. The application shall be jointly filed by all owners and, if approved, shall be jointly binding on all of them and all future owners. Notwithstanding the foregoing, the applicants may assign specific construction, operation and maintenance responsibilities to specific lots and, upon doing so and providing assurance to the Town, the other lots shall be relieved of such responsibilities. Legal agreements, in a form satisfactory to the Town Attorney, shall be provided to assure this.

(3) Maximum floor area ratio. The maximum floor area ratio on any individual lot for principal permitted use categories in § 370A(2) and C through G, excluding streets and recharge basins, shall not exceed zero and four tenths (0.4), except as provided in § 373A(4)(b). The maximum floor area ratio on any individual lot for the principal permitted use category in § 370B shall not exceed zero and four tenths (0.4), excluding affordable housing, and zero and five-tenths (0.5), including affordable housing.

(4) Land use. No more than 50% of the gross floor area within an entire PUD, including all commercial, residential, public and semipublic buildings, but excluding parking structures, shall be devoted to uses in any single principal permitted use category as described in § 370B through E, except as provided in § 373A(4)(b). No more than 20% of the gross floor area within an entire PUD, including all commercial, residential, public and semipublic buildings, but excluding affordable housing and parking structures, shall be devoted to the principal permitted use category in § 370G, except as provided in § 373A(4)(b). There shall be no more than one cinema, the principal permitted use in § 370F, within a PUD, and it shall contain no more than 10 screens.

(5) Minimum open space. At least 30% of all office, research and development, hotel, motel and housing lots shall be required to be preserved as landscaped open space areas. For all other principal permitted use categories, except § 370A(1) and (3), the minimum open space on individual lots shall be at least 20%.

(6) Recreation and parkland.

(a) Land shall be reserved within a PUD for open space, recreation or park purposes as determined necessary and appropriate by the Town Board to meet the needs of residents, employees and visitors to the site. The size, location and use of such land shall be subject to approval by the Town Board and shall be of suitable size, dimensions, topography and general character and shall have adequate street access to serve its intended purpose. Not less than 5% of the gross area of a PUD shall be set aside for such use, except that this requirement may be reduced or waived by the Town Board where a large-scale sports facility occupying more than 30% of the entire PUD site is approved.

(b) All parkland reservations and their proposed ownership shall be clearly marked on the final subdivision and site plans. Ownership shall be established in a manner satisfactory to the Town Board so as to assure the permanent future continuation and maintenance of such areas in accordance with their approved use.

(7) Buffer areas. A buffer area of at least 25 feet shall be provided along all perimeter property lines of the PUD site, except that a buffer of at least 40 feet shall be provided adjacent to any neighboring park or parkway. All buffer areas shall be suitably landscaped with grass, shrubs, trees, ground cover or other such planting as the Town Board may prescribe. No parking area and no principal or accessory building or use shall be located in said buffer area, except for accessways approved as a part of the PUD master plan by the Town Board. The Town Board may require increased perimeter buffers beyond the minimum wherever it determines that such are warranted by the PUD's relationship to and potential impact upon neighboring properties or land uses. Similarly, the Town Board may reduce the minimum required buffers for lots containing uses as set forth in the principal permitted use category in § 370A.

(8) Off-street parking.

(a) Each parking space described in the following sections shall comply with all requirements of § 319D of this ordinance. The required parking spaces may be provided on the same lot or premises as the principal use being served or on a lot within 300 feet of the perimeter of the lot upon which the principal use being served is located. The joint use of parking by uses which are anticipated to require parking at different hours of the day or on different days of the week may be permitted if approved by the Town Board. Provisions for handicapped parking spaces shall comply with criteria defined by the New York State Uniform Fire Prevention and Building Code. [Effective 9-12-1995]

(b) Where the Town Board determines that, due to the unique nature of a proposed use or occupancy of a property, the improvement of all parking and/or loading spaces as required by this ordinance may not be necessary to satisfy actual demand, said Board may waive the initial improvement of up to U3 of such spaces, provided that the total number of required spaces is shown on the approved plan; provided that the area not to be improved is appropriately landscaped and specifically reserved for possible future parking use (if and when needed); and further provided that satisfactory guaranties are given for the eventual improvement of any such spaces within six months of the date of the mailing to the property owner of a copy of a Town Board resolution determining that some or all of such spaces have become necessary and must be constructed.

B. Sports, cultural and recreation facilities are subject to the following additional regulations:

(1) Maximum height. No building or structure, other than a permitted sports facility, shall exceed a maximum height of 75 feet, except for parking or other accessory structures which shall not exceed a height of 50 feet. A sports facility, the principal permitted use in § 370A(1), may be permitted a maximum height of up to 130 feet.

(2) Maximum building area. The maximum building area, exclusive of streets, shall be 30% of the land area of each individual parcel, including aboveground accessory parking structures, but excluding underground parking.

(3) Minimum setbacks. No building or structure shall be located closer than 50 feet or a distance equal to the height of the building, whichever is greater, to any perimeter lot line.

(4) Off-street parking. The regulations set forth in this section and § 319 shall be deemed the minimum requirements and shall apply to any building or use hereafter erected, converted, enlarged, reconstructed, altered or moved. Minimum parking requirements for sports, recreational or cultural facility are as follows: one space for each four-person capacity plus two spaces for each three employees.

C. Housing is subject to the following additional regulations:

(1) Land area requirements. A total of not less than 10% of the gross site area of the PUD shall be reserved and developed for housing use, except that this requirement may be reduced or waived by the Town Board where a large-scale sports facility occupying more than 30% of the entire PUD site is approved.

(2) Affordable housing. Not less than 20% of all housing units constructed shall be affordable housing units as defined in § 369 and 1/2 of those units shall be senior citizen housing units. In general, affordable units shall be interspersed with market rate units throughout the site.

(3) Density. The dwelling unit density in areas devoted to housing use shall average approximately 25 units per acre.

(4) Minimum setbacks. No building or structure shall be located closer than 30 feet to any street line.

(5) Distance between buildings. No building shall be located closer than 25 feet to any other building; however, the distance between buildings shall not be less than one foot for every foot of building height of the taller building, i.e., a minimum of forty five degree angle shall be maintained. These minimum spacing requirements shall be doubled between facing windows, i.e. windows facing at an angle within 30§ of parallel.

(6) Maximum height. No building or structure shall exceed a maximum height of 3 1/2 stories or 45 feet

(7) Off-street parking. The minimum parking requirement for market rate housing units shall be one parking space per dwelling unit plus 1/2 space per bedroom, except that the requirements for market rate units restricted in occupancy to senior citizens shall be one parking space per dwelling unit plus 1/4 space per bedroom. The minimum parking requirement for affordable housing units shall be 20% less than those set forth above.

(8) Occupancy. An affordable housing unit shall be permanently restricted as to its sale, resale and rental so that it can only be occupied by a qualifying household.

(9) Housing unit sizes.

(a) The minimum and maximum permitted net usable floor areas for each permitted type of housing unit shall be as follows: [Effective 12-17-2002]

(b) The mix of unit types, both market rate and affordable, shall be subject to Town Board approval.

(10) Minimum household size. The minimum and maximum size of a qualifying household for each affordable housing unit type shall be as follows: [Effective 12-17-2002]

(11) Income eligibility. The maximum permitted household income, from all sources and all household members, for eligibility for a studio, one-bedroom, two bedroom and three-bedroom affordable housing unit shall be 100% of the median income for one-person, two-person, four-person and six-person households, respectively, in the Nassau Suffolk Region, based on currently available data from the United States Department of Housing and Urban Development. For senior citizen affordable housing units, the maximum permitted household income, from all sources and all household members, shall be 80% of the above. [Effective 12-17-2002]

(12) Eligibility priorities.

(a) A qualifying household applying for an affordable housing unit shall be selected on the basis of the following categories of priority:

[1] Residents of the Town of Hempstead.

[2] Other residents of Nassau County

[3] All others.

(b) Within each eligibility priority group as set forth above, first priority for one-bedroom, non-senior-citizen affordable housing units shall be given to two-person households.

(c) A specific selection process for eligible households shall be submitted by the applicant as a part of the site plan review process.

(13) Maximum rental. The maximum permitted gross monthly rental, excluding utilities, for an affordable housing unit shall not exceed the fair market rent by unit size as established by the Department of Housing and Urban Development for the Nassau - Suffolk Region, except that for senior citizen housing units it shall not exceed 80% of such amounts.

(14) Maximum sales price. The maximum permitted gross sales price for an affordable housing unit shall not exceed the lesser of § 372C(14)(a) or (b) as follows, as determined by the Town Board:

(a) A total of $125 per square foot of habitable floor space for a studio unit, $120 per square foot for a one-bedroom unit and $115 per square foot for a two-bedroom unit. All square foot prices shall be changed annually on April 1, beginning in 1993, to coincide with any change in the consumer price index for all urban consumers, New York, New York - Northeastern New Jersey, during the preceding calendar year.

(b) For a studio unit, not more than 1.8 times the maximum eligible household income for a one-person household; for a one-bedroom unit, not more than 2.0 times the maximum eligible household income for a two-person household; and for a two-bedroom unit, not more than 2.2 times the maximum eligible household income for a three-person household.

(15) Continued eligibility. Applicant for affordable housing rental units shall, if eligible and if selected for occupancy, sign a lease for a term of no more than two years. As long as the household remains eligible and has complied with the terms of the lease, said household shall be offered a renewal of the lease for the same term. If a household's income should subsequently exceed more than 20% of the maximum income allowable, as defined in § 372C(11), or if household size increases beyond the maximum permitted and if there is at that time an otherwise eligible applicant, said household may complete the current lease term and shall be offered a market rate rental unit in the development, if available, at the termination of said lease. If no comparable dwelling unit shall be available at such time, the household may be allowed to sign one additional one year lease for the affordable housing unit occupied, but shall not be offered a renewal of the lease beyond the expiration of said term.

(16) Resale: The title to each affordable housing unit shall be restricted so that in the event of resale, the resale price shall not exceed the then allowable maximum sales price for said unit as determined in accordance with § 372C(14) above or § 372C(16)(a), (b) or (c) below, whichever is greater:

(a) The original purchase price of the unit by the qualifying household.

(b) The remaining principal on any mortgage(s).

(c) The original purchase price plus any fixed capital improvements to the unit made by the qualifying household and not included in the original purchase price.

(17) Administration.

(a) The responsibility for the administration of the affordable housing requirements, as set forth in this article, as well as for the promulgation of such rules and regulations as may be necessary to implement these requirements, shall be with a not-for-profit corporation formed for such purpose pursuant to the Not-for-Profit Corporation Law of the State of New York or such other entity as may be approved by the Town Board. Such corporation or other entity shall maintain and keep current a list of qualifying households by eligibility priority, which households shall have the first opportunity to purchase or rent affordable housing units whenever they are available for sale, resale or rental. All such units shall be offered first to those qualifying households on said list.

(b) At the time of the issuance of a building permit, the Building Commissioner shall send a copy of such permit to the corporation or other such entity, which shall then inform the development applicant of the maximum sales prices or rental values which may be established for the affordable housing units in such development and the maximum household income for a qualifying household.

(c) On or before March 30 of each year thereafter, the corporation or other approved entity shall notify each affordable housing unit occupant of the maximum permitted sales price, rental value and income eligibility requirements for such units for the one year period beginning April 1. The change in maximum sales price, rental value and income limitations for each size unit shall be determined based upon the previous year's percentage change in median household income in the Nassau - Suffolk Region for the assumed household size for such unit. Any such modified income limitations shall not apply to existing owner occupants of affordable housing units. Modified sales prices and rental values shall apply to all affordable units.

(d) The sales price and rental limitations on affordable housing units shall be taken into consideration by the Tax Assessor in determining the assessment of such units.

D. Offices, research and development facilities, hotels and motels, convention and trade exposition centers, cinemas and retail establishments are subject to the following additional regulations:

(1) Maximum height.

(a) No building or structure shall exceed a height of 75 feet, except that buildings located on lots which are 40 acres or larger shall be permitted a maximum height of up to 130 feet, provided that for each foot of height in excess of 75 feet, the minimum setback from all property lines shall be increased by three feet. In addition to the above, architectural design features not exceeding 20% of the gross roof area shall be permitted up to an additional height of 30 feet.

(b) Parking and other accessory structures shall not exceed a height of 50 feet.

(2) Maximum building area. The maximum building area, exclusive of streets, shall be 25% of the land area of the parcel, including aboveground accessory parking structures, but excluding underground parking, except for the principal permitted uses in § 370E through G.

(3) Minimum setbacks. No building or structure shall be located closer than 50 feet or a distance equal to the height of the building, whichever is greater, to any perimeter lot line.

(4) Off-street parking. One parking space shall be provided for each 250 square feet of gross floor area for the principal permitted use in § 370C as defined in § 370 of this article. Parking for principal permitted uses in § 370D and E shall be provided on the basis of one space per guest room, plus one space per each two employees, plus one space per each three seats in each conference, banquet or meeting room and as specified for restaurants and retail space in § 319 of the Building Zone Ordinance. Parking for the principal permitted use in § 370F shall be provided on the basis of one parking space for each three seats in the cinema. Parking for the principal permitted use in § 370G shall be provided on the basis of one parking space for each 200 square feet of gross floor area. Other than as specifically modified herein, all other provisions of § 319 shall remain in full force and effect.

(5) Off-street loading.

(a) Off-street loading spaces with a minimum size of twelve by thirty-five (12 x 35) feet and a vertical clearance of 14 feet shall be provided for principal permitted uses in § 370C through F based upon gross floor area, as follows: Gross Floor Area Required Loading

(b) For the principal permitted use in § 370G, loading requirements based upon gross floor area are as follows:

E. Planned Senior Citizen Residential Community (PSCRC). The PSCRC shall be developed as a planned residential community for persons over 55 years of age and shall provide a variety of unit types, and open space, in a pedestrian-friendly environment. [Effective 1-6-2004]

(1) Use regulations. In the PSCRC, a building or premises shall be used for the following purposes only:

(a) Dwellings specifically designed for use and occupancy by persons 55 years of age and older, including attached residences in the form of townhouses and other multiple dwellings in a single building. Ownership of the dwellings shall be in the form of condominiums.

(b) Indoor and outdoor community facilities, which would provide pools, tennis courts, lockers, showers, support services and passive recreational areas for the use of residents and their guests, including, but not limited to, meeting rooms, library, computer rooms, beauty salon, gift shop, snack bar, and a retail convenience store. The community facilities shall be for the exclusive use of residents of the PSCRC and their guests.

(2) Age eligibility in the PSCRC. Notwithstanding the definition of "senior citizen housing unit" set forth in Section 369, all dwellings in the PSCRC shall be occupied only by the following:

(a) Persons who shall have attained the age of 55 years or older (hereinafter a "Senior Citizen");

(b) The spouse of said Senior Citizen;

(c) Children or grandchildren of said Senior Citizen or of the spouse of said Senior Citizen, provided that each child has attained the age of 19 years. Nothing herein shall prohibit a condominium board or association from enacting rules and regulations permitting children or grandchildren of said senior citizens to reside on the premises on the basis of hardship.

(d) Adults under 55 years of age if it is established to the satisfaction of the condominium board or association that the presence of such person is essential for the physical care of a senior citizen residing in the PSCRC.

(3) Height, area and floor area ratio regulations in the PSCRC. Notwithstanding any inconsistent standards or requirements, or other provisions related to housing, set forth in §§ 369 and 372A and C, the standards and requirements of the PSCRC shall be as follows:

(a) Maximum number of dwellings units: 720.

(b) Maximum unit density: 14 units per acre (including parkland area).

(c) Maximum floor area ratio: 0.65 (including parkland area).

(d) Height: 3 1/2 stories/45 feet maximum.

(e) Perimeter buffers: 25 feet adjacent to public roads; 40 feet adjacent to state parkway.

(f) Minimum distance between buildings: 25 feet

(g) Open space: 30%, including parkland and recreation areas, and other land not occupied by roads or buildings.

(h) Parking: The amount of parking for principal buildings in the PSCRC shall be two spaces per dwelling unit. Parking spaces located in garages and driveways of dwelling units shall not be excluded in connection with the calculation of minimum parking requirements.

(4) General design standards in the PSCRC

(a) Roads.

[1] Access/collector roads: entrance roads intended to connect the development to adjacent public roads, with a minimum of 16 feet of pavement in each direction; may be separated by a median; may have sidewalks and other pedestrian features.

[2] Interior neighborhood blocks: the main roadway element within the development; intended to provide a pedestrian friendly neighborhood setting; consisting of a twenty-four-foot two-way roadway and a twenty two foot setback to the face of the buildings. The twenty-two-foot setback will be improved with an eight-foot planting area or on-street parking area, a minimum four-foot pedestrian walkway, and a ten-foot setback to consist of intermittent plantings and additional walkway.

(b) Parking stalls.

[1] Interior (garage) stalls: a minimum of 10 feet by 20 feet, located within structures.

[2] Surface/guest parking: nine feet by 18 feet at 90§degrees to the roadway in designated surface parking areas, eight feet by 20 feet parallel to the roadway along interior neighborhood blocks.