Lake Grove Village City Zoning Code
ARTICLE IV
PRC Residence District Planned Retirement Community
[Added 12-20-1984 by L.L. No. 7-1984]
§ 175-15 Legislative intent.
A.
Since the incorporation of the Village of Lake Grove on September 9, 1968, a prime concern has been to protect, enhance and encourage the development of residential housing, while serving the needs of the village residents. Due to the village's unique geographical location and features, in addition to medical advances and a general higher standard of living, a substantive portion of the village's population, both those now residing in the village and those expected to arrive in the future, will be over 55 years of age, and the Village Board finds a definitive need for special planned retirement communities.
B.
It appears to the village that such communities are desirable, since they are organized, constructed, designed and planned from the very outset to serve the needs of older persons, including suitable and adequate facilities for social, cultural and recreational activities which are regarded as essential to the well-being of the occupants and the success of the community. Such districts shall enable and encourage the flexibility of design and the development of land which would provide for a diversification of residential housing types and ownership by those residents over 55 years of age in such a manner as to promote the most appropriate use of the land, to preserve the natural and scenic amenities of an area and yet serve their needs for ownership of smaller and more suitable housing than presently available.
§ 175-16 Permitted uses.
[Amended 8-5-1993 by L.L. No. 3-1993]
In the PRC Residence District, no building, structure or premises shall be used or occupied, and no building or part thereof or other structure shall be erected or altered, unless otherwise provided in this chapter, except for one or more of the following uses:
A.
Residential one-family dwelling units in detached or attached structures, or any combination thereof; and occupancy of all units shall be restricted as follows:
(1)
Any person of the age of 55 years or over.
(2)
A husband or wife, regardless of age, residing with his or her spouse, provided that the spouse of such person is of the age of 55 years or over.
(3)
The child or children residing with a permissible occupant, provided that the child or children is or are of the age of 18 years or over.
(4)
Each dwelling unit shall be owner-occupied.
B.
Nonresidential uses of religious, cultural or a recreational character incidental thereto, to the extent they are designed and intended only to serve the residents of the Planned Retirement Community Residence District.
C.
Golf courses, including accessory clubhouses and driving ranges.
§ 175-17 Maximum height.
In PRC Residence District, no building or structure shall be erected or altered to a height in excess of 35 feet or 21/2 stories.
§ 175-18 Acreage.
In PRC Residence District, a tract or parcel of land shall contain not less than 30 acres nor more than 45 acres.
§ 175-19 Density.
In PRC Residence District, the maximum density shall not exceed 6.0 dwelling units per acre or if, in the opinion of the Village Board, it is determined that the yield should be less based upon topography, watercourses or such other factors.
§ 175-20 Yard requirements.
In PRC Residence District, the entire tract shall observe on its periphery a yard requirement of a minimum of 75 feet from any abutting use district or street, with the exception of sewage treatment plants, which shall observe an overall distance requirement of 200 feet from the sewage treatment plant building, or any point of odor emission to any property line or any residential dwelling unit within the Planned Retirement Community Residence District.
§ 175-21 Distance between buildings.
A.
In PRC Residence District, the minimum distance between buildings shall be arranged so that the minimum distance between any two buildings (referred to as "Building A" and "Building B") shall vary according to the length and height of such buildings. Such minimum distance shall be 40 feet or the distance required under the following formula, whichever is the greater distance:
S | = | LA + LB + 2 (HA + HB) 6 | ||
Where | ||||
S | = | The required minimum horizontal distance between any wall of Building A, at any given level, and any wall of Building B, at any given level, or the vertical prolongation of either. | ||
LA | = | The total length of Building A. The total length of Building A is the length of that portion or portions of a wall or walls of Building A from which, when viewed directly from above, lines drawn perpendicular to Building A will intersect any wall of Building B. | ||
LB | = | The total length of Building B. The total length of Building B is the length of that portion or portions of a wall or walls of Building B from which, when viewed directly from above, lines drawn perpendicular to Building B will intersect any wall of Building A. | ||
HA | = | The height of Building A. The height of Building A at any given level is the mean height above of natural grade level of any portion or portions of a wall or walls along the total length of Building A. | ||
HB | = | The height of Building B. The height of Building B at any given level is the mean height above the natural grade level of a portion or portions of a wall or walls along the total length of Building B. | ||
B.
For the purpose of this section, "natural grade level" shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the buildings. If LA + LB is equal to zero, the formula set forth above shall not apply, and the minimum distance shall be 40 feet.
§ 175-22 Building area.
Principal and accessory buildings shall together not cover more than 25% of the gross area.
§ 175-23 Off-street parking.
There shall be provided at least 1.50 parking spaces for each dwelling unit.
§ 175-24 Additional requirements.
A.
In order to ensure the health and safety of the residents, all roadways within the community must be paved to a minimum width of 34 feet and must be laid out so as to accommodate emergency vehicles and to facilitate their progress through and from said community.
B.
A community association shall be established by the developer and shall become the responsibility of the residents of the development. The following conditions shall apply:
(1)
The purposes of the community association shall include the ownership, management and maintenance of all property held in common ownership.
(2)
All improvements within the site shall be commonly owned and maintained or shall be owned and maintained by the community association.
(3)
Membership in the association shall be automatically required concomitant with ownership of a dwelling unit.
(4)
The offering plan, inclusive of the bylaws of the association and declaration of any rules and regulations promulgated by the developer, shall be submitted to the Planning Board along with the application for final plat approval and shall be reviewed by the Planning Board at that time. Such document shall:
(a)
Detail the legal structure of the association and delineate its responsibilities and methods of operation.
(b)
Grant permission for emergency personnel (e.g., fire, medical, police) to enter the premises.
(c)
Detail which properties and facilities are to be owned by the community association or be held in common ownership and which are to be held in individual ownership.
(5)
Electric vehicle charging stations shall be installed by a licensed electrician and be certified by an electrical underwriter. Vehicles must be left outside while charging.
[Added 11-16-2023 by L.L. No. 7-2023]
§ 175-25 Recreation facilities and fees.
The owner or developer of a planned retirement community and any community association as successor in interest thereof shall set aside areas for indoor and outdoor recreational purposes exclusively for the use of the occupants and their guests. These areas shall be delineated on the preliminary site development plan and on the final site development plan for each section. Such areas shall be improved, constructed and maintained at the expense of the owner thereof, or any successor in interest in, the community association. Landscaped areas which are not developed for recreational purposes shall not be deemed to satisfy the requirements of this section. In addition, the owner who develops the community shall pay to the village a recreational fee which will be 10% of the fair market value of the land or will dedicate to the village 10% of the land at the discretion of the Village Board.
§ 175-26 Application requirements.
Prior to consideration, all applications for PRC Residence District shall comply with the following requirements and be presented to the Village Board and made part of the application:
A.
An overall development plan for the entire tract covered by the application, prepared by competent professionals licensed by the State of New York to do this work. Indicated thereon will be shown:
(1)
Property lines and names of adjoining owners.
(2)
Topography, showing existing contours and elevations, areas with existing growth, watercourses and water areas based upon an actual field survey. The plan to further indicate the certification by a licensed land surveyor or professional engineer that the topography shown resulted from an actual survey, and the date of that survey.
(3)
Areas for surface water retention facilities.
(4)
Areas for sanitary sewage treatment facilities.
(5)
Street and road alignment and proposed parking areas.
(6)
Location of structures with first-floor elevations.
(7)
Areas to be set aside for the Planned Retirement Community Residence District use.
(8)
Areas to be dedicated to the village for open space use.
B.
Typical elevations drawings of each building type with materials indicated for the exterior treatment thereof.
C.
Typical floor plans for each building and dwelling unit or units (if variations are to be used).
D.
Drafts of agreements as well as deeds to ensure maintenance operation, replacement and such other obligations and the perpetuity thereof so as to ensure the health, safety and the general welfare of the development as a whole, and said instruments shall be in a form acceptable for filing and recording in the County Clerk's office when properly executed and sealed after the approval by the Village Board.
(1)
Said agreements shall provide for ownership of the individual dwelling units by those permitted occupancy pursuant to § 175-16, with certain necessary exceptions as provided for in the association bylaws.
(2)
Said agreements and deeds shall contain any covenants, restrictions and easements running with the land as required by the Village Board.
§ 175-27 Referral to Planning Board.
The Village Board shall refer all applications for a change of zoning to the PRC District to the Planning Board for a recommendation and report. Within 45 days after such reference, the Planning Board shall file with the Village Board its recommendation and report.
§ 175-28 Dedication of land.
The Village Board shall determine whether there shall be dedication of land to be set aside as open space, and if, in the Village Board's opinion, it is in the interest of the general public due to topography, historical interest, natural features, unusual conditions or if for ecological reasons, such open space shall then be so included and shown. If the Village Board does make such a requirement, a minimum of 10% of the land shall be so designated and dedicated to the Village of Lake Grove as open space as part of the platted area.
§ 175-29 Site plan review.
If such application for PRC District is approved by the Village Board, the applicant shall then be referred to the Planning Board, and the applicant shall prepare and submit a plat and final site plans, in full detail, in accordance with the requirements of the Planning Board, along with the application, fees and other drawings, as required, on which a duly advertised public hearing will be held, and, if approved, the plat will be filed in the County Clerk's office pursuant to Article 7 of the Village Law of New York State.
A.
The Planning Board shall review, among other things, the following:
(1)
The arrangement of the buildings, dwelling units and structures upon the site, as well as the height, length and spacing thereof, open spaces (public and private), landscaping, off-street (open and enclosed) parking spaces and street layouts, driveways and all other physical features as shown on the site plan and/or plat or otherwise described.
(2)
The location, shape and improvements of that land, if any, which is to be dedicated for public purposes to the village other than open space.
B.
The following plans shall be submitted to the Planning Board along with the subdivision application and filing fees:
(1)
The site plan shall show the names of adjoining owners, the location of structures with first-floor elevations, street and road locations, open spaces and utility distribution, among other items so mentioned.
(2)
Grading plans shall show all existing and proposed contours and elevations, as well as areas with existing natural growth, watercourses and water areas.
(3)
Drainage plan. Areas for surface water retention facilities and piping thereto shall be shown as designed by a professional engineer.
(4)
Sewage plan. Areas for sanitary sewage treatment facilities and piping thereto shall be shown as designed by a professional engineer.
(5)
The street and road plan shall show the profile and alignment of all proposed and existing roads or highways giving access thereto.
(6)
The final plat shall show the area to be recorded and filed in the Suffolk County Clerk's office for the first section of the land subdivision: and, if not divided into sections, then the entire development, all pursuant to the subdivision regulations of the Village of Lake Grove.[1]
[1]
Editor's Note: See Ch. 159, Subdivision of Land.
(7)
The landscape plan, as designed by a registered landscape architect, shall show the landscaping of the entire site.
(8)
Elevations drawings of the buildings and structures shall be shown for each building or structure type with materials shown for the exterior treatment thereof.
(9)
Typical floor plans for each building and dwelling unit or units (if variations are to be used).
(10)
Agreement of a recordable form as well as all deeds to ensure maintenance, operations, replacement and such other obligations and the perpetuity thereof so as to ensure the health, safety and general welfare of the development as a whole, and said instrument shall be recorded and filed in the Suffolk County Clerk's office along with the final plat, when properly executed and sealed.
C.
Upon the filing of the plat in the office of the County Clerk, a copy shall be filed with the Village Clerk, who shall make appropriate notations and references thereto in the Village Zoning Ordinance or Map.
§ 175-30 Special circumstances.
In any instance wherein the village moves to amend the Zoning Ordinance under this section, the Village Board may make such changes, including increasing or decreasing density, yard requirements, distance between buildings, building area, off-street parking and recreational facilities, as it deems appropriate to fit the unique circumstances requiring the amendment.
§ 175-31 Start of construction.
Any area changed to the Planned Retirement Community Residence District shall have application for site plan approval submitted in final form within six months after Village Board approval and shall have application for building permits submitted and issued and construction (including site construction) started and continued in accordance with the approved site plan within six months from the date of site plan approval by the Village Planning Board; otherwise, the Village Board may, upon its own initiative, hold a public hearing and revert the zoning back to its previous classification.
