Ardsley City Zoning Code
ARTICLE VI
CCH District: Conservation or Clustered Housing District
§ 200-30 Intent; objectives.
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.
§ 200-31 Districts created.
[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.
§ 200-32 Density and minimum lot requirements.
[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%.
§ 200-33 Horizontal construction prohibited.
[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.
§ 200-34 Building height.
[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.
§ 200-35 Number of units to be attached; number of bedrooms.
§ 200-36 Buffer area.
[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.
§ 200-37 Permitted uses.
[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.
§ 200-38 Development standards.
[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.
§ 200-39 Storage of equipment.
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.
§ 200-40 Visual and audio privacy.
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.
§ 200-41 Antenna system.
A central television antenna system shall be provided for each group of attached dwelling units.
§ 200-42 Utilities.
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.
§ 200-43 Parking and garages.
[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.
§ 200-44 Open space.
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.
§ 200-45 Minimum land area for development.
The minimum land area for development shall be not less than eight contiguous acres nor more than 12 contiguous acres.
§ 200-46 Access to dwellings.
Access into all detached or attached dwellings, detached group or cluster form, shall be at ground level.
§ 200-47 Development signs.
§ 200-48 Site plan design.
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.
§ 200-49 Building coverage.
[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.
§ 200-50 Conserved land areas; recording of deed.
[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.
§ 200-51 Permitted uses in conserved land areas.
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.
§ 200-52 Access to open lands.
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.
§ 200-53 (Reserved) [1]
[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.
§ 200-62 Variances.
[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.
§ 200-63 Notice of public hearing.
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.
§ 200-64 Applications; fees.
[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.