North Hempstead City Zoning Code
ARTICLE XXA
Aquifer Protection Overlay District
§ 70-195.1 Findings and intent.
A.
The Town of North Hempstead recognizes that there are certain lands in the unincorporated areas of the Town which have been identified as particularly critical to the present and future quality and quantity of the groundwater aquifer which is the sole source of the Town's potable water supply. These lands have been identified by state law (Article 55 of the Environmental Conservation Law) as well as the Nassau County Public Health Code (Article X) as special groundwater protection areas.
B.
It is the purpose of this article to create within the Town of North Hempstead an Aquifer Protection Overlay District which shall provide certain land use regulations and controls so that these regulated lands may continue to serve their important function of protecting critical watersheds while maintaining and enhancing the high quality and quantity of groundwater within the special groundwater protection areas.
C.
Due to the extraordinary vulnerability and sensitivity to contamination of the aquifer resource and due to the fact that these lands are among the only remaining open space areas in the Town, the Town finds that extraordinary protective measures are warranted. Prudence dictates that all future activities on these lands be guided by appropriate regulations so that the interests of public health, safety and well-being are properly served.
§ 70-195.2 Objectives.
The objectives of this overlay district are to:
A.
Implement the purpose and intent of Article 55 of the Environmental Conservation Law, including but not limited to specific provisions of the special groundwater protection area draft report.
B.
Implement the goals of the Master Plan of the Town of North Hempstead adopted in December 1989, as follows:
C.
Maintain the integrity of the Town's groundwater by promoting the preservation of open space and controlling development in areas of deep recharge.
D.
Establish the parameters by which specific land uses, intensities of land use and land use patterns can occur.
§ 70-195.3 Applicability.
The provisions of this Article shall apply to lands in the Town, outside of incorporated villages superimposed upon the Zoning Map of the Town of North Hempstead and identified as special groundwater protection areas as delineated and adopted on December 10, 1984, by the Nassau County Board of Health pursuant to Article X of the Nassau County Public Health Ordinance.
§ 70-195.4 Definitions.
As used in this Article, the following terms shall have the meanings indicated:
Any action to change, interfere with or otherwise destroy natural vegetation beyond reasonable management purposes.
Areas of vegetation cultivated by man, which require irrigation or the application of fertilizers, pesticides, herbicides or other substances in order to grow or maintain their existence.
Any substance containing one or more recognized plant nutrients, which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth.
Any substance used to destroy or inhibit plant growth.
Existing and/or naturally occurring indigenous vegetation which grows and is maintained without need of irrigation or applications of pesticides, herbicides or other substances.
Any substance used to destroy or inhibit pests such as rodents and insects.
Any parcel of real property capable of subdivision pursuant to all applicable requirements.
The number of lots permitted had the land been subdivided into buildable lots conforming to the minimum lot size and density requirements set forth in this chapter. Said lots shall conform to all other applicable requirements not modified by the cluster application. A buildable lot is that which may be developed as of right, in a safe and sound manner, without further legal application and which is without geological or topographic impediments to construction.
§ 70-195.5 Construal with other provisions.
A.
Lands within the overlay district are designated critical environmental areas pursuant to the State Environmental Quality Review Act. (See § 8-0101 of the Environmental Conservation Law.)
B.
The establishment of this district shall not act to nullify any provision of this Town Code. Except as expressly noted herein, the provisions of this Article shall provide regulations for the area it includes which shall be in addition to the established zoning for that area.
C.
Whenever the provisions of any other statute, law, rule or regulation impose more protective standards to protect the environment within SGPA's, said more protective standard should govern.
D.
The Town recognizes the necessity of a consistency review between an application pursuant to this Article and an SGPA plan which has been certified by the New York State Department of Environmental Conservation. The Town Board shall be officially advised by the Planning Department of any instances where the application is inconsistent with the SGPA plan and where the SGPA would require or recommend a higher level of protection or stricter performance standard than that contained in the applicant's plan.
§ 70-195.6 Standards and conditions for residential development.
New development on parcels in a residential zoning district within the Aquifer Protection Overlay District must comply with the restrictions and procedures set forth in this section.
A.
Yield and lot site.
(1)
Yield shall be determined based on five or more acres per dwelling unit or other permitted primary building, based on a yield map which conforms to applicable requirements for conventional subdivision.
(2)
The Town Board hereby implements cluster zoning pursuant to its zoning powers under the Town Law and the Municipal Home Rule Law. Residential lots determined in accordance with the yield required under Subsection A(1) of this section shall be clustered so that each lot has a maximum area of one acre.
B.
Procedure for subdivision. The subdivision of parcels shall be in accordance with the procedures and requirements of this section.
(1)
Subdivision application. The applicant shall present to the Nassau County Planning Commission a preliminary drawing outlining both the yield under conventional subdivision criteria and the proposed, mandated cluster development. The conventional yield map will conform to applicable requirements, including roadways, recharge basins and other infrastructure requirements. The application shall also contain an accurate survey depicting acreage, topography, vegetation, surface water and improvements and any other natural or man-made characteristics known to exist.
(2)
Prepreliminary meeting. Within 30 days of submission of the subdivision application, the Nassau County Planning Commission shall schedule a meeting between representatives of the Town, the applicant and the County Planning Commission. The applicant shall be prepared to discuss types of housing units to be constructed, methods of preserving open space, density and efficient means of providing utilities and services to future residences. Any directives issued shall be presented to the applicant within 30 days of the preliminary meeting.
(3)
Evaluation of the revised proposal. The applicant may then present the County Planning Commission with a proposal in accordance with the directives and recommendations obtained from the prepreliminary meeting. Within 30 days of the submission of a prepreliminary layout, representatives of the Town and the Commission shall meet and determine whether the applicant shall be authorized to proceed with a preliminary subdivision. The applicant may or may not be required to attend this meeting. This authorization to proceed does not in any way constitute any approval but will direct the applicant to submit a clustered plan.
(4)
Preliminary filing. The applicant shall file simultaneously with the Town and the County Planning Commission the necessary drawings and pay any required fees for Town Board review and County Planning Commission subdivision approval. These drawings shall be in accordance with the provisions of this chapter for site plan review (§ 70-219), Section 1610 of the County Government Law of Nassau County and the subdivision regulations of Nassau County and shall include a site disturbance plan in accordance with Subsections D and E of this section. A listing of any modifications from this chapter and a draft agreement to preserve and maintain the undeveloped spaces in perpetuity (as required by Subsection C of this section) shall also be filed with the Town and county.
(5)
Town Board public hearing. Upon preliminary filing and review by Town officials to determine compliance with this chapter, the Town Board shall schedule a public hearing to consider Town Board approval of the cluster subdivision plan. The applicant shall publish notice of such hearing in conformity with § 70-219 of this chapter. After the public hearing, the Town Board may approve, modify or disapprove the proposed site plan. The criteria for review by the Town Board shall be whether the requirements of this Article are satisfied; whether the intent and objectives of this Article are furthered by the proposed site plan; and the review standards set forth in § 70-219C of this chapter for site plan review which are applicable to residential development.
(6)
A Town Board decision. A Town Board decision approving or approving with modifications a proposed clustered subdivision shall establish the density of the parcel, the height of structures, the type of structure, the front, rear and side yard requirements, the width of lots, the percentage of lot covered, off-street parking and any other stipulations it deems appropriate, including an agreement on open space preservation and maintenance. The Town Board, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of park, recreation or other open space areas as it deems necessary to assure the preservation of such lands for their intended purposes and in accordance with the requirements of this Article. The Town Board site plan approval shall be valid for one year, except that the Town Board may, by resolution, grant an extension of time where, in its sole discretion, there appear to be extenuating circumstances warranting said extension.
(7)
County Planning Commission approval. After approval of a site plan by the Town Board, the applicant shall proceed with preliminary and final approvals by the Nassau County Planning Commission in accordance with Section 1610 of the County Government Law of Nassau County and the subdivision requirements of Nassau County.
(8)
Additional filing requirements. The applicant shall file zoning modifications and agreements with the Town and County Clerks. Deeds for any lands dedicated to a municipality shall be filed simultaneously with the County Clerk. Two duplicate tracings and two copies of all agreements shall be filed with the Nassau County Planning Commission. The map shall contain the signature of the Town Supervisor attesting to any modifications.
(9)
The provisions of this section shall not be construed to authorize any changes in the permissible uses of a parcel as provided in the zoning district in this chapter applicable to such parcel.
C.
Open space. Those portions of the tract which are not within building lots established under Subsection A and are not necessary for infrastructure shall be maintained as open space, as follows:
(1)
With respect to at least 80% of the tract being subdivided, not including areas utilized for infrastructure, the open space must be left in its natural state and not be fertilized or irrigated; and uses for such open space are limited to recreational uses, such as wooded park areas, bridle paths, hiking trails, nature walks or other passive recreational uses. If the building lots established under Subsection A are each one acre in area, then all the open space shall be subject to these restrictions.
(2)
Other portions of the open space, if any (i.e., such areas which could have been sited within the building lots established under Subsection A of this section but which are not within such lots), may be utilized for common recreation areas, such as swimming or tennis, as may be permitted uses for individual property owners in the applicable residential zoning districts.
(3)
Property owners' association.
(a)
All or portions of the open space may be dedicated to the Town of North Hempstead or to Nassau County. If the open space is not to be dedicated to the Town or the county or to an approved private conservation corporation, the applicant must, simultaneously with the filing of the map, establish a property owners' association or neighborhood corporation embracing all property owners within the map and providing for adequate contributions for maintenance of said open space or otherwise make satisfactory actual provisions with regard to the maintenance of said open space.
(b)
If a property owners' association is selected as the method of maintenance of the open space to be preserved, the following must be adhered to:
[1]
The property owners' association must be set up before the lots are sold.
[2]
Membership must be mandatory for each lot buyer and any successive buyer or each lot created must be legally required, by duly filed covenants and restrictions, to pay to the property owners' association a yearly fee to be used for maintenance of the open space.
[3]
The open space restrictions set forth in this Article must be contained in covenants in the deeds in perpetuity, not just for a given number of years.
[4]
The association must be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities.
[5]
Property owners must pay their pro rata share of the cost, and the assessment levied by the association can become a lien on the property.
[6]
The association must be able to adjust the assessment to meet changed needs.
[7]
The applicant shall make a conditional offer of dedication, binding upon the property owners' association, for all open space to be conveyed to the association, such offer to be accepted by the Town, should it so choose, upon the failure of the property owners' association to take title to the open space from the applicant or other current owner or upon dissolution of the association at any future time.
D.
Clearing restrictions. Clearing restrictions are necessary within the Aquifer Protection Overlay District in order to ensure maximum water recharge and to minimize the use of fertilized vegetation. Vegetation located on the tract prior to its development as per the site plan shall be preserved to the maximum extent possible, consistent with the following parameters:
(1)
The natural or existing vegetation on a lot or tract in the overlay district shall not be disturbed until such time that a building permit is received.
(2)
Subdivision plans for all development within residential areas in the overlay district must include a site disturbance plan as provided below:
(a)
The site disturbance plan shall be based on a recent survey of the subject parcel, at a minimum scale of one inch equals 40 feet or at a scale found sufficient by the Planning Department for review purposes. The plan shall depict the existing vegetated areas qualitatively and quantitatively and the areas proposed to be disturbed, if any. A recent aerial photograph at the same scale may be substituted, provided that the property boundaries and the areas proposed to be disturbed are superimposed.
(b)
The Town Board may approve the plan or approve it with modifications or conditions. This action will be part of the overall process set forth in Subsection B of this section. The Town Board may also disapprove the plan if the disturbance is not consistent with the intent of the provisions of this chapter or if the purpose of the disturbance is for future development which has not yet been approved by the Town.
(c)
If restoration or revegetation is required on any site disturbance plan, the Town Board may require the applicant to post a performance bond in an amount equal to the estimated cost of restoring the disturbed areas to their previous state. The term of said performance bond shall not exceed a period of one year, and the bond shall not be released until written notification is received from the Town Board that the disturbance has been satisfactorily completed in accordance with the approved plan.
(3)
Notwithstanding the previous provisions, special exemptions may be granted by the Town Board to allow a greater disturbance of the natural vegetation, provided that the use is consistent with the intent and policies of the overlay district and that a revegetation program which protects the aquifer is incorporated into the project design.
E.
Developed space. This section applies to the lots on which the residences will be sited and which are thus not part of the open space.
(1)
A site disturbance plan for this portion of the site as described in the prior section will be required. Natural vegetation shall not be disturbed until such time that a building permit is received.
(2)
This site disturbance plan is approved or disapproved at the same time as the cluster subdivision plan and must conform to the intent of the provisions of this chapter. Site disturbance must be based on a defined development need for this portion of the site. Every effort shall be made to preserve mature and specimen trees as the development is sited.
(3)
The Commissioner of Planning shall study and make recommendations to the Town Board, from time to time, with respect to further restrictions applicable to the developed space so as to ensure that the objectives of this Article are fully met.
§ 70-195.7 Standards for nonresidential development.
New construction in any nonresidential district within this Aquifer Protection Overlay District shall conform to the standards in this section.
A.
All buildings shall be connected to a central sewer system prior to occupancy.
B.
Leaktight designs shall be used in sanitary sewer construction to minimize stormwater and groundwater infiltration and contamination.
§ 70-195.7.1 Prohibited uses.
§ 70-195.8 Fees.
§ 70-195.9 Severability.
In the event that any section or provision of this article is declared to be invalid by a court of competent jurisdiction, the validity of the article as a whole or any part thereof shall not be affected thereby.