Elmsford City Zoning Code
§ 335-8
Residential Cluster Development RCD District.
[Added 12-2-1991 by L.L. No. 10-1991]
A.
General purpose and intent.
(1)
In order to provide suitable opportunities within the Village for the development of housing designed to satisfy the needs of smaller households, particularly the young, the elderly and families of moderate income, to encourage a broad array of housing types, dwelling unit sizes and forms of ownership and to accommodate maximum flexibility in site design, Cluster Residential Development (RCD) Districts are hereby established.
(2)
In adopting this section, the Board of Trustees declares that such districts are conceived and enacted to promote the public health, safety and general welfare of the Village of Elmsford and more particularly to encourage innovations in residential development, so that the growing demand for housing at all economic levels may be met by greater variety in type, design and siting of dwellings, and to encourage the conservation and efficient use of land, including the permanent preservation of open space and other significant natural features. The Board of Trustees further declares that these objectives cannot be achieved through the use of traditional zoning and subdivision requirements, the application of which to large tracts of land may prevent the Village from taking full advantage of the most advanced techniques of land development.
B.
Application procedure. The procedure for planning and zoning approval of any future proposed development in an RCD District which has not already been designated on the Village Zoning Map shall involve a two-stage review process as follows:
(1)
Approval by the Board of Trustees of a conceptual site development plan and the reclassification of a specific parcel or parcels of land for development in accordance with that plan; and
(2)
Approval of construction plans in accordance with the provisions of Chapter 109, Building Construction and Fire Prevention, Part 1, Building Code, of the Elmsford Village Code for the purpose of obtaining building permits. Except as provided for below, such construction plans shall conform in all respects to the conceptual site development plan approved by the Board of Trustees. Modifications to such conceptual site plan may be approved by the Building Inspector only if such changes are authorized by the Board of Trustees in its rezoning approval and if, in the judgment of the Building Inspector, such changes are warranted by engineering considerations or unanticipated field conditions.
C.
Standards and general requirements for residential cluster developments.
(1)
Use and density standards.
(a)
Site area. Except as provided for below, the minimum site area required for the establishment of an RCD District shall be four acres of land having contiguity except for any dividing street, public or private, on which such tract or any portion thereof may have frontage. Subject to the approval of the Village Board of Trustees, the minimum site area requirement specified above may be modified by said Board for lots that abut an existing or proposed RCD District on two or more sides.
(b)
Ownership. The land proposed for an RCD 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 to the Village. The application shall be jointly filed by all owners and, if approved, shall be jointly binding on all of them and all future owners. If required by the Village Board of Trustees, this shall be confirmed by written agreement, in recordable form satisfactory to the Village Attorney.
(c)
Permitted uses. Within an RCD, permitted principal uses may include dwelling units in detached, semidetached, attached and/or multistory structures. Permitted accessory uses within an RCD may include active and passive recreational areas, off-street parking, management offices and other similar facilities as may be approved by the Board of Trustees. For properties within an RCD District that contain existing dwellings, permitted principal and accessory uses shall be the same as set forth in § 335-6 of this chapter as regulated therein.
(d)
Density. On any RCD site, there shall be provided at least 2,500 square feet of gross site area for each dwelling unit.
(e)
Floor area ratio. The maximum permitted residential floor area ratio within an RCD, exclusive of floor space devoted to parking, mechanical equipment rooms and similar accessory uses, shall be 0.35.
(f)
Coverage. The maximum permitted building coverage within an RCD shall be 20%. The maximum permitted total site development coverage shall be 35%.
(g)
Affordable dwelling units. At least 20% of the proposed residential units within an RCD shall be designated "affordable dwelling units" and shall be occupied by households with limited incomes as defined and further regulated in Subsection C(3) herein. Such units shall be physically integrated into the design of the RCD in a manner satisfactory to the Village Board of Trustees.
(2)
Site and structure standards.
(a)
Building height. Within an RCD, no building or structure shall exceed a height of 40 feet.
(b)
Building length. Within an RCD no building shall exceed a length of 150 feet. As used herein, building length shall be measured along a straight line connecting the midpoints of each side wall of said building.
(c)
Distance between buildings.
[1]
Within an RCD, except as provided for below, the following minimum distances between buildings shall be maintained:
Positions of Facing Building Walls | Minimum Distance1 Between Facing Buildings (feet) | |
|---|---|---|
Front to front | 60 | |
Front to rear | 60 | |
Front to side | 402 | |
Rear to rear | 60 | |
Rear to side | 303 | |
Side to side | 204 |
NOTES: | |
|---|---|
1 As used herein, minimum distance shall be measured on a perpendicular from one building face to the other, excluding any projecting architectural features such as but not limited to bay windows, open porches, staircases and balconies. | |
2 If one of the buildings is not higher than one story, the minimum distance shall be reduced to 30 feet. | |
3 If one of the buildings is not higher than one story, the minimum distance shall be reduced to 20 feet. | |
4 If one of the buildings is not higher than one story, the minimum distance shall be reduced to 15 feet. |
[2]
The Village Board of Trustees may further modify the above minimum separation distances based upon specific environmental features of the site, such as but not limited to differences in elevation between facing buildings, landscaping and other forms of screening.
(d)
Distance between buildings and uphill slopes. Within an RCD, a minimum horizontal distance of 20 feet, measured at windowsill level, shall be provided between any residential building window and any upward slope exceeding one foot vertical to two feet horizontal or any retaining wall higher than five feet.
(e)
Setbacks. Within an RCD District, except as provided for below, no building or structure shall be located closer than 20 feet to any perimeter lot line of an RCD site nor 50 feet to any off-site residence. Any existing dwelling located on a separate lot within an RCD District shall be deemed to be conforming with respect to its setback from the property line, provided that it is situated on a lot of at least 5,000 square feet. Expansion of such preexisting dwellings shall be permitted, provided that such expansion is in conformance with the applicable yard and building height requirements set forth in §§ 335-14 through 335-17 of this chapter.[1]
(f)
Screening and buffering. A buffer area of at least 15 feet shall be provided along all RCD site perimeter property lines that are contiguous to land which is used or zoned for residential purposes. All buffer areas shall be suitably landscaped with trees and shrubs, ground cover and grass or other such screening as the Village Board of Trustees may prescribe to provide for visual and acoustical buffering. No principal or accessory building or parking areas may be located within said buffer areas, but roads providing access to the RCD site shall be permitted to cross such buffer areas. The Village Board of Trustees may require increased perimeter buffers beyond the minimum wherever it determines that such are warranted by the RCD's relationship to and potential impact upon neighboring properties or land uses.
(g)
Common property. When the site planning of an RCD results in the creation of common property, the use and enjoyment of which is shared by the owner and occupants of the individual dwelling units, the ownership of such property may be either public or private. Where such property, including on-site roads, is not dedicated to the public and/or where the Village declines to accept dedication of such property, the owner shall provide for and establish an organization for the permanent future ownership and maintenance thereof.
(h)
Traffic circulation. All roadways within an RCD shall be designed to adequately serve their intended function and the anticipated volume of traffic generated by the development.
(i)
Off-street parking. Off-street parking shall be provided in an RCD at the ratio of 1.5 parking spaces for each dwelling unit containing one or fewer bedrooms and two parking spaces for each dwelling unit containing two or more bedrooms. A minimum of 10% of the required parking spaces shall be unreserved and available for use by visitors.
(j)
Utilities and services. All power and communication lines, as well as water, sewer and storm drainage lines, shall be installed underground in the manner prescribed by the regulations of the governmental agency or utility company having jurisdiction. Exterior antennas for individual buildings or dwelling units shall not be permitted. The above requirements do not apply to existing dwellings in the RCD District.
(k)
Refuse collection and storage. Within an RCD, adequate provision shall be made for collecting and storing refuse between collections. Any outdoor storage shall be in centralized containers of adequate capacity to prevent overflow and designed to prevent rodent infestation. Adequate screening of such refuse storage areas shall be provided.
(3)
Affordable dwelling units. The dwelling units that are required to be reserved for occupancy by households with limited incomes, as set forth in Subsection C(1)(g) herein, shall be subject to the following restrictions:
(a)
Occupancy. An affordable dwelling unit shall be restricted, in recordable form satisfactory to the Village Board of Trustees, so that it can be rented or sold to and occupied by only a qualifying household as defined herein.
(b)
Floor area. Gross floor area per dwelling unit shall not be less than or greater than the following:
Unit Type | Floor Area Minimum (square feet) | Maximum (square feet) | |
|---|---|---|---|
Studio | 400 | 600 | |
1 bedroom | 600 | 850 | |
2 bedrooms | 800 | 1,150 | |
3 or more bedrooms | 1,100 | 1,400 |
(c)
Income eligibility. To qualify for the rental or purchase of and occupancy in an affordable dwelling unit, the aggregate annual income of the household proposed to occupy such unit shall not exceed the following multiple of the current annual Westchester County median household income, which base amount shall be revised, effective every January 31, to conform to the prior year's change in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers for New York - northeastern New Jersey:
Unit Type | Multiple | |
|---|---|---|
Studio | 0.50 | |
1 bedroom | 0.65 | |
2 bedrooms | 0.80 | |
3 or more bedrooms | 1.00 |
(d)
(e)
Eligibility priorities.
[1]
A qualifying household applying for the rental or purchase of an affordable dwelling unit shall be selected for occupancy on the basis of the following categories of priority:
[a]
Volunteer Fire Department, Police Department and ambulance corps members living in and/or serving the Village of Elmsford.
[b]
Employees of the Village of Elmsford and the Elmsford Union Free School District.
[c]
Residents of the Village of Elmsford.
[d]
Relatives of residents of the Village of Elmsford.
[e]
Other persons employed in the Village of Elmsford.
[f]
Other residents of Westchester County.
[g]
All others.
[2]
Within the aforementioned priority groups, preference shall be given to first-time home buyers and senior citizens.
(f)
Administration. The Village Board of Trustees shall serve as or may establish an Affordable Housing Commission (hereinafter called the "Housing Commission"), which shall be responsible for the promulgation of such rules and regulations as may be necessary to implement the purposes and intent of this section. Such rules and regulations may include but not be limited to provisions concerning the subleasing of dwelling units, resale of dwelling units and continued eligibility of existing residents.
(g)
Tax assessment. The limited rental income and sales prices of affordable dwelling units shall be taken into consideration by the Tax Assessor in determining the full value basis for assessments on such units.