Glen Cove City Zoning Code
ARTICLE XI
Average Density Development
§ 280-47 Intent and objectives.
A.
It is the intent of the City of Glen Cove to encourage the maximum reasonable conservation and effective use of residential land, and encourage innovations in residential development so that the growing demands for housing may be met by variety in type, design and siting of dwellings. These objectives cannot always be achieved as well as possible through the use of traditional bulk and use zoning and subdivision regulations, the application of which to substantial and/or physically unusual tracts of land may preclude the City from taking full advantage of the most advanced techniques of land development. Further, among the City's planning objectives are the following:
(1)
An increase in choices of housing types.
(2)
More usable open space and recreation areas.
(3)
Preservation of trees and outstanding natural topographic and ecological features, and prevention of soil erosion.
(4)
A smaller network of utilities and streets to lower construction and maintenance costs.
(5)
A more desirable environment.
(6)
A development pattern in harmony with the Master Plan and Vacant Land Study objectives of the City.
B.
The Planning Board has found, in its review of subdivision proposals, that the aforementioned objectives often can be achieved best by permitting some flexibility in the application of certain specific provisions of this Zoning Chapter to residential properties sought to be subdivided, without changing the density or percentage of land coverage permitted in the zoning district within which the property lies.
§ 280-48 Grant of authority.
A.
The City Council, as the legislative body of the City of Glen Cove, desires to exercise the authority conferred upon it by § 37 of the General City Law and hereby empowers the Planning Board of the City of Glen Cove to consider, subject to conditions herein set forth, simultaneously with the consideration of any subdivision plat, and to approve, where appropriate, reasonable modifications or changes in the zoning regulations contained in the Zoning Chapter of the Code of the City of Glen Cove, provided that such modifications or changes shall not result in a greater average density of dwelling units or cover of the land with buildings, with respect to the land sought to be subdivided, than is permitted in the zoning district wherein such land lies, as shown on the official Zoning Map of the City of Glen Cove.
B.
The purpose of such grant of authority to the Planning Board is to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provisions for streets and utilities and to preserve the natural, environmental and scenic qualities of open lands.
§ 280-49 Conditions and limitations.
The power hereby granted to the Planning Board shall be subject to the following conditions and limitations:
A.
This authority may be exercised only with respect to parcels of land of 10 acres or more located in R-1 and R-2 Districts and parcels of 2.5 acres or more located in R-3, R-3A, R-4 and R-4B Districts.
[Amended 7-23-2002]
B.
In order to approve the modifications or changes in the zoning regulations described above, the Planning Board must make a finding that the strict application of the lot and bulk provisions of this Zoning Chapter to the land sought to be subdivided will not be consistent with the objectives set forth in this chapter. The Planning Board shall take into consideration:
(1)
The open space benefits to be gained by the community.
(2)
The specific design and/or layout of the proposed subdivision.
(3)
The nature of the topography.
(4)
The purpose for which the open space is intended to be used (whether it is to provide formal or informal recreation, to provide scenic views or to preserve a unique ecological area).
(5)
The nature of adjacent areas.
(6)
The proper screening and/or buffering of the units and/or homes from adjacent areas.
C.
In addition to submitting a proposed average density development plan or open space subdivision plan the applicant shall submit a conventional subdivision plan, conforming to all normally applicable requirements of the Glen Cove Zoning Chapter and Subdivision Regulations.[1] The Planning Board shall use such conventional plan as a basis for determining the maximum number of dwelling units permissible on the site under the conventional approach, which shall also be the maximum to be permitted in the average density development plan.
D.
All dwelling units located in the proposed average density development for R-1, R-2, R-3 and R-3A Zones shall be single-family detached structures or single-family attached houses or townhouses, not to exceed five dwelling units or one cluster or group of attached dwelling units; within the R-4 Zone, no structure may exceed 150 feet in length. No attached dwelling unit or accessory structure may be located closer than 100 feet to adjoining property line in an R-1 District or closer than 75 feet to an adjoining property line in an R-2 District or closer than 30 feet to an adjoining property line in an R-3, R-3A, R-4 or R-4B District. These aforementioned buffers may be varied up to 35% by the Planning Board if in the Board's judgment the characteristics of the property warrant the variation in order to achieve the objectives of the section. Single-family detached units shall meet the requirements of the zoning districts in which they are located.
[Amended 5-10-1983; 9-13-1983; 7-23-2002]
E.
The application for approval of the proposed average density development plan or open space subdivision plan shall be accompanied by a statement specifically setting forth:
(1)
The nature of the requested modifications or changes of existing zoning provisions.
(2)
The location of the open space, building plots, streets, trails, site easements and recreational facilities.
(3)
The purpose for which the open space to be created is intended to be used, improved and maintained.
(4)
Any other additional information and requirements as determined to be necessary by the Planning Board.
F.
In any average density development plan or open land subdivision plan, an application for site plan approval shall be submitted to and approved by the Planning Board in accordance with the requirements of Article IV of this chapter.
G.
Nothing contained in this chapter shall relieve the applicant for approval of a proposed average density development plan or open space subdivision plan from the obligation of applying for and obtaining subdivision plat approval in accordance with the Subdivision Regulations of the City of Glen Cove.[2]
H.
Architectural designs of all structures within the proposed average density development shall be subject to review and approval of the Planning Board. The Board's determinations shall be based upon assuring that new development will blend with and be consistent with the characteristics of surrounding properties, both in terms of the natural and built environment. In making such determination, the Board shall consider architectural style, materials and color.
I.
Since public hearings are required both with respect to site development plan applications, and also with respect to subdivision plat applications, the Planning Board may conduct such public hearings simultaneously and the Planning Board may approve, approve with modifications or disapprove either or both applications, separately or together.
J.
The Planning Board shall establish such conditions on the ownership, use and maintenance of the open space created by the approval of an average density development plan or open space subdivision plan as it deems necessary to assure the preservation of such open space for its intended purpose. The open space must either be dedicated to the City for use as a public facility for recreational uses, visual amenity and/or nature study, subject to acceptance by the City of such dedication, or it must be retained by a condominium corporation or deeded to a homeowners' association comprised of the residents of the subdivision and reserved for their use, or some other mechanism acceptable to the City Council must be utilized to assure the ownership, use and maintenance of the open space for the intended purpose.
K.
Approval of an average density development plan or open space subdivision plan shall require and be conditional upon organization and creation of one of the following entities, for purposes of assuring maintenance of all common open space:
L.
Any homeowners' association to be approved by the City Council shall meet the following standards:
(1)
The homeowners' association shall be incorporated as a not-for-profit corporation under the Not-For-Profit Corporation Law of the State of New York. Under a recorded instrument of covenants and restrictions, which shall run with the land, title to all common open space, recreational areas, garage or open air parking areas for the common use of residents of more than one single-family detached dwelling or of a group of attached houses, pedestrianways, access roads to be dedicated and all other lands and structures for common use shall be vested in said homeowners' association.
(2)
Every homeowner shall automatically be and become a member of said homeowners' association, and this requirement shall be placed in the deed to each unit and shall run with the land or dwelling. Each homeowner shall have a right and easement of enjoyment in and to the common areas, and shall be subject to a charge for a proportionate share of the expenses for the organization's activities, including the maintenance and operation of the common land and facilities. Each homeowner shall be subject to a lien, in the event of nonpayment by the owner thereof, of his or her proportionate share of the expenses for the association's activities as aforesaid. Dedication of all common areas to the common use of all of the owners of the property in the development shall be recorded directly on the subdivision plat or by reference on the plat to a declaration of covenants and restrictions in a separately recorded document, in such fashion and by such instrument as shall reserve the title to the common property to the homeowners' association, free of any cloud of implied public dedication. Such deed restriction or covenant shall specifically prohibit any development of such common areas for other than the purposes for which they are intended to be used, improved and maintained, as set forth in the application to the Planning Board for approval of the average density development plan or in the open space subdivision plan.
M.
Upon plan approval, and prior to signature of the plat by the appropriate officer of the Planning Board, the applicant shall file with the City Council a performance bond to ensure the proper installation of all recreation and park improvement shown on the site plan and a maintenance bond to ensure the proper maintenance of all common lands until the home association or other acceptable organization is established, and until the common areas are conveyed to such organization or association. The amount and period of said bond shall be determined by the Planning Board and the form, sufficiency, manner of execution and surety shall be approved by the City Council.
N.
The charter or certificate of incorporation of such organization shall contain the following provisions, and notice of said provisions shall be specifically given in any brochure or prospectus issued by the developer, namely:
(1)
That such organization shall not be dissolved and shall not dispose of any common open space or other common elements, by sale or otherwise, except to an organization conceived and established to own and maintain such common open space and other common elements hereinabove referred to.
(2)
That, in the event that the organization established to own and maintain common open space or other common elements or any successor organization shall, at any time after title to such common land and other common elements is conveyed to it, fail to maintain the common open space and other common elements in reasonable order and condition in accordance with the plan proposed and in accordance with standards set forth in other chapters of this Code of the City of Clen Cove, the Director of Public Works of the City of Glen Cove may serve written notice upon such organization or upon the residents of the development, setting forth the manner in which the organization has failed to maintain the common open space and other common elements in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 45 days thereof, and shall state the date and place of a hearing thereon which shall be held within 45 days of the notice. At such hearing, the City may grant an extension of time within which the deficiencies shall be cured. If the deficiencies set forth in the original notice thereof are not cured within said 45 days or any extension thereof, the City, in order to preserve the taxable values of the properties within average density development and to prevent the common open space and other common elements from becoming a public nuisance, may enter upon said common open spaces and other common elements and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space or other common elements except if the same is offered for dedication to the public by the owners and accepted by the City of Glen Cove. Before the expiration of said year, the City shall, upon its initiative or upon the request of the organization responsible for the maintenance of the common open space and other common elements, call a public hearing upon notice to such organization or to the residents of the development to be held by the City Council, at which hearing such organization or the residents of the development shall show cause why such maintenance by the City shall not, at the election of the City, continue for a succeeding year. If the City Council shall determine that such organization is ready and able to maintain said common open space and other common elements in reasonable condition, the City shall cease to maintain said common open space and other common elements at the end of said year. If the City Council shall determine such organization is not ready and able to maintain such common open space and other common elements in a reasonable condition, the City may, at its discretion, continue to maintain said common open space and other common elements during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the City in any such case shall constitute a final administrative decision subject to review in accordance with the provisions of Article 78 of the Civil Practice Law and Rules.
(3)
That the cost of such maintenance by the City shall be assessed ratably against the properties within the average density development that have a right of enjoyment of the common open space. In the event of the failure or refusal of the owners of such property to pay any such charges when due, the unpaid amount thereof shall become a lien against such property and, together with interest thereon from the due date thereof, shall be included in the annual tax levy of the City upon such property for each fiscal year, and the amount so levied shall be collected in the same manner as other City taxes.
O.
The Planning Board, in order to ensure that the open space will be used for its intended purposes, shall have the continuing right to impose controls and restrictions over the ownership, use and maintenance of the common open space and other common elements.