North Haven City Zoning Code
ARTICLE III
Clustered Zoning
§ 163-22 Legislative intent; applicability.
[Amended 11-5-2001 by L.L. No. 3-2001]
For the purpose of enabling and encouraging 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 provision of streets and utilities and to preserve the natural and scenic qualities of open lands, the Planning Board is hereby authorized, simultaneously with the approval of a plat containing not less than 15 acres, to modify the applicable provisions of §§ 163-12 through 163-21 hereof when, in the judgment of the Planning Board, such modification would benefit the Village. This authorization shall be deemed a mandatory procedure whenever the gross area exceeds 15 acres and shall apply to all land in the Village.
§ 163-23 Application to Planning Board required.
Before the clustering provisions of this article shall be applicable, the owner shall make written application to the Planning Board for the use of this procedure. Thereafter, a plat whose approval would require the Planning Board to modify such applicable provisions shall be processed in the normal manner, in accordance with all appropriate provisions of the land subdivision regulations of the Planning Board of the Village of North Haven,[1] and an applicant for subdivision approval under this article shall follow those procedures required of all other applicants (subdividers) by said regulations. No part of this Article III shall be construed so as to diminish benefits to a property owner eligible under § 146-27 to the benefits described thereunder.
§ 163-24 Type of dwelling units allowed.
The type of dwelling units permitted shall only be one-family detached dwellings, not to exceed one dwelling on each lot.
§ 163-25 Bulk and dimensional requirements.
[Amended 8-4-1986 by L.L. No. 7-1986]
In an R-1 District, the resulting modifications of such applicable provisions must at least conform to the following minimum bulk and dimensional regulations:
A.
The minimum lot area shall be 40,000 square feet.
B.
The maximum lot coverage by main and accessory buildings shall be 15%.
C.
The minimum lot width shall be 150 feet.
D.
The minimum street frontage and public or private street shall be 40 feet.
E.
There shall be no minimum lot depth.
G.
The minimum yard for accessory buildings shall be 60 feet from the street and 30 feet from side and rear lot lines.
H.
The minimum livable ground floor area per dwelling unit shall be 1,200 square feet.
I.
The maximum building height shall be 2 1/2 stories and 35 feet.
§ 163-26 Basis for determination of Planning Board.
A.
The Planning Board shall determine [pursuant to § 7-738(b) of the Village Law] the maximum number of dwelling units (building lots) to be permitted on any plat submitted to it for review under this article. The number determined shall not exceed the maximum number which could be achieved by a standard subdivision of the property, which subdivision:
(2)
Conforms to all applicable federal, state, county and town laws, Village laws and ordinances, Planning Board regulations, including specifically the rules relating to the reservation of open space, and all other applicable requirements from any source whatsoever bearing upon permissible lot size and location or subdivision design generally.
(3)
Excludes from the total lot yield land areas reasonably necessary in providing for legally adequate roads, drainage and other necessary features, such as natural buffer strips along streets, ordinarily required of modern subdivisions, and further excludes all areas listed under § 146-15.
[Amended 11-5-2001 by L.L. No. 3-2001]
B.
In determining the maximum number of building lots thus achievable in a standard subdivision, the Planning Board shall require an applicant to prepare and submit to it a plat showing such a standard subdivision. Such plat shall not bind the Board in any manner but may be used by the Board to assist it in making the determination required of it by this section. Nothing in this section shall be construed as limiting or abridging any authority currently possessed by the Planning Board to require a reduction in the density of development of a given property to a number of dwelling units (lots) less than that allowed by zoning, where it is determined that such a reduction is necessary to protect the public health, safety and welfare.
§ 163-27 Creation of open space.
A.
Every plat processed under this article shall result in open space equal in area to at least 50% of the total land area of the land sought to be subdivided.
[Amended 11-5-2001 by L.L. No. 3-2001]
B.
For the purposes of §§ 163-27 and 163-28, "open space" shall mean lands retained and preserved in their natural state in accordance with § 163-28 and shall not include areas set aside within a subdivision for recreational needs, such as golf courses, sports courts (including tennis courts, pickleball courts and padel courts), swimming pools or recreational structures of any kind. Such open space shall fulfill the requirements of the land subdivision regulations of the Planning Board[1] regarding reservation of park and/or beach sites within any new subdivisions; provided, however, that the Board shall retain the right to condition the approval of any subdivision (whether or not processed under this article) upon the inclusion in the plat of recreational areas or facilities for subdivision residents.
[Amended 9-18-2024 by L.L. No. 3-2024]
§ 163-28 Treatment of open space.
B.
The Planning Board may require the use of one or more of the following procedures as a condition for approval hereunder, or it may leave up to the applicant the choice of which of the procedures are to be employed.
C.
The Planning Board shall not grant final plat approval unless and until the Village Board of Trustees grants the approval herein after required for the particular procedure to be employed.
D.
It is the intention of this section that all lands within any subdivision processed under this article, other than land in individual lots, roads or community-owned recreation areas, remain forever open. The following shall constitute acceptable procedures for the treatment of open space:
(1)
Dedication to the Village. Open space may be dedicated in perpetuity to the Village upon the consent of and under the conditions imposed by the Village Board of Trustees.
(2)
Conveyance in perpetuity to an approved not-for-profit corporation. Title to open space may be conveyed to a corporation which the Village Board of Trustees determines to be competent and legally able to protect, manage and conserve the natural condition of such open space.
(3)
Conveyance in perpetuity to a property owners' association. Simultaneously with the filing of the map, an applicant may create a property owners' association embracing all property owners within the map and providing for adequate annual contributions for maintenance of the map's open space. If such an association is created, then:
(a)
The association must be created prior to the sale of any lots.
(b)
Membership must be mandatory for each lot buyer, as well as any and all successive buyers.
(c)
The open space restrictions must be in perpetuity, not just for a given period of years.
(d)
The association shall be required to pay local taxes, if any, to maintain all subdivision features and any trails or structures established pursuant to this section.
(e)
Property owners must be required to pay their pro rata share of all costs incurred, and the assessments levied by the association must be capable of becoming liens on individual owner's property.
(f)
The association must be capable of adjusting assessments to meet changed conditions.
(g)
Covenants and restrictions establishing the foregoing must be approved by the Village Board of Trustees and recorded in the Suffolk County Clerk's office.
E.
Where there is to be a conveyance to an approved not-for-profit corporation or to a property owner's association, as above provided, the instrument of conveyance shall include appropriate language which will cause title to the premises involved to vest in the Village of North Haven in perpetuity should the corporation or association ever attempt to transfer the property involved to a third party. A similar vesting shall likewise occur if, in the judgment of the Board of Trustees, the property is not maintained in the manner required or should any other conditions required by the Planning Board or Board of Trustees in the original conveyance not be complied with. The instrument of conveyance shall also provide that, upon such vesting in the Village of North Haven, the premises shall be maintained by the Village in the same natural condition as required in the original conveyance.
F.
The Planning Board may authorize the creation of walks or trails within or through open space, together with minor accessory structures such as railings or platforms, in order that open space may be visited without damage by subdivision residents or others on foot. To this end, easements or other interests running in favor of such person may be established as part of any of the acceptable treatment of open space outlined in this section. If the open space is to be maintained other than by dedication to the Village, the Planning Board may require an open space easement running in favor of the Village as a condition of approval. The Planning Board, as a condition of plat approval, may establish such further conditions on the ownership, use and maintenance of such open space as it deems necessary to assure the preservation of such open space for its intended purposes.
§ 163-29 Preliminary approval by Trustees before final approval.
Before final approval shall be granted by the Planning Board to a subdivision plat processed under the clustered zoning provisions of this article, the preliminary subdivision plat must have been approved by resolution of the Board of Trustees. If the Board of Trustees does not act within 30 days after receipt of the preliminary plat from the Planning Board, the preliminary plat will be deemed approved by the Board of Trustees.
§ 163-30 Filing of maps.
In addition to all other requirements pertaining to the filing of final subdivision maps, upon final approval by the Planning Board of a plat submitted to it for review under this article, the applicant's map submitted to the clerk of the county for filing shall show thereon: