Westbury City Zoning Code
ARTICLE XXXIX
Maple Union TOD District
§ 248-347 Legislative intent, purpose and findings.
A.
The Master Plan of the Incorporated Village of Westbury (the "Village") was adopted in 2003 (the "Village Master Plan"). The Village Master Plan recognized the importance of Westbury's downtown business community, and the importance of continuing to analyze and augment zoning and development initiatives to meet the changing needs of the community. The Village Master Plan generally advocated for the strengthening of the business district in a number of ways, many of which have been implemented since the adoption of that plan. Since that time, there have been a number of well-documented regional and community changes that have caused the Village to consider additional changes to keep up-to-date with current needs of the community. In the meantime, additional opportunities have presented themselves to the Village to assist it in enhancing the business district and the community as a whole.
B.
Consistent with the Village Master Plan, the Village has, for more than 15 years, implemented steps to spur revitalization of its downtown business district, particularly along its main business corridor, Post Avenue. The Village's past efforts have included: traffic calming measures to make the streets pedestrian friendly; facade improvement to make the storefronts more consistent and attractive; approval of multifamily residential development to bring new residents into the community; approval of the development of a performing arts theater unique for central Nassau County; initiation of an arts council to promote and advance art and culture in the community; working with the Business Improvement District to promote the downtown; and other infrastructure, zoning and development improvements.
C.
In 2016, the Village was selected to participate in the State of New York's Downtown Revitalization Initiative (the "DRI"), and received a DRI grant to further advance its downtown redevelopment efforts. Governor Cuomo, in speaking about the DRI said, "A thriving downtown can provide a tremendous boost to the local economy. The [DRI] will transform selected downtown neighborhoods into vibrant places for people to live, work and raise a family, which will also attract new investments for years to come."
D.
The Westbury DRI Local Planning Committee was established to provide a broad community perspective to guide the DRI planning process in developing a vision and strategic investment plan (the "DRI Plan"), and identify projects that would advance the Village's revitalization goals. The DRI Plan identified (and the state funded) a number of projects that will advance the Village's downtown revitalization to the next level, including a rezoning project for the area within walking distance of Westbury's Long Island Railroad train station (bounded by Post Avenue, Maple Avenue, School Street and Union Avenue, the "Maple Union Area"). The DRI Plan was the product of extensive analysis, of existing conditions, trends, development, zoning, etc. In this sense, the DRI Plan serves as an update and supplement to the Village's Master Plan, and carries forward the master plan's recognition of the importance of the business district to the community.
E.
The DRI Plan articulated the vision for Westbury's downtown as follows: "Westbury will be Long Island's model transit-oriented, diverse, walkable, arts-centric downtown." The goal is to make Westbury's downtown a vibrant, people-friendly place that feels safe and secure, where people can walk, shop, recreate, dine, interact, and spend time, with a strong sense of community.
F.
The vision also encompasses the notion that the Maple Union Area is today underutilized, and presents an opportunity to uplift and transform that area into a new and vibrant part of the community, through rezoning that employs transit-oriented development ("TOD") principles.
G.
The DRI Plan states, in relation to the proposed rezoning of the Maple Union Area, "this [rezoning] is critical for the revitalization of Westbury . . . and will have several transformative effects. First, it will expand the boundaries of the downtown into the [Maple Union Area]. The project will allow the Village to grow rationally through medium-density, mixed-use development, while maintaining the single-family, low-density housing in the surrounding neighborhoods. Next, the rezoning will improve the connection between the LIRR Station and downtown by creating a vibrant, new neighborhood adjacent to the LIRR Station. Increased residential density will expand the consumer base for retailers along Post Avenue. The project will catalyze the development of new commercial spaces that will create jobs and open spaces that will meet community needs. . . The rezoning will allow the private market to address the demand for new multifamily housing that is evident in the real estate market analysis and public engagement findings . . . [t]he new development will generate significant positive fiscal impacts in the Village, region and State."
H.
In addition to the rezoning of the Maple Union Area, The DRI Plan also recognized that certain aspects of the Village's existing zoning in its downtown core outside the Maple Union Area, including on Post Avenue, can be enhanced and made consistent in certain respects with the new zoning envisioned for the Maple Union Area.
I.
As a result of the comprehensive analysis of the existing zoning and of various potential new zoning in the Maple Union Area and Post Avenue, and the impacts and effects of such changes, the Board of Trustees: i) herein finds that it is important for the future of the Village that the proposed rezoning take place; and ii) hereby enacts, consistent with the Village Master Plan and the DRI Plan, a new article of the Village Code to create a new district to be known as the Maple Union TOD District (the "MU District").
J.
The primary purpose of the MU District will be to facilitate in the Maple Union Area, the envisioned vibrant transit-oriented redevelopment incorporating a mix of new housing options, together with new retail, office, personal service, and/or other compatible uses that contribute to the enhancement and long-term sustainability of the community.
K.
The MU District regulations set forth in this article are designed to: i) build upon the strengths of Westbury and its downtown area, including its location proximate to the Westbury LIRR train station; ii) infuse new energy and activity to enhance Westbury's downtown; iii) make all of Westbury more sustainable for the future; and iv) foster and improve the existing aesthetic appearance of the Maple Union Area.
L.
More specifically, the purposes of the new MU District are to (without limitation):
(1)
Foster reasonable and prudent transit-oriented development that allows for increased density, mixed-use development in the Maple/Union area.
(2)
Improve pedestrian and visual connections between the train station and downtown.
(3)
Attract new residential and job-creating uses near the train station.
(4)
Retain the existing diverse population and attract new residents.
(5)
Encourage the development of diverse housing options.
(6)
Establish a retail mix that supports and complements the existing business district and promotes the sustainability and diversity of the community.
(7)
Ensure parking capacity meets the needs of residents, commuters and visitors.
(8)
Facilitate improvements to key community assets.
(9)
Increase pedestrian activity throughout the downtown.
(10)
Enhance the pedestrian experience through streetscape improvements.
(11)
Ensure the pedestrian environment is safe and easy to navigate.
(12)
Attract new public benefits that encourage residents and visitors to come downtown.
(13)
Enhance the cultural profile of the Village of Westbury.
(14)
Support the sustainability and growth of existing cultural assets.
(15)
Increase opportunities for the community to participate in culture.
M.
Corresponding changes to the existing zoning regulations for the Business Districts along Post Avenue will in certain respects complement the MU District and facilitate reasonable and prudent redevelopment therein and elsewhere in the Village.
§ 248-348 Terms and provisions of this article control.
The provisions of this article, with respect to the MU District, shall supplant, supersede, and to the extent these are inconsistent shall prevail over any other chapters, articles, and provisions of the Code of the Incorporated Village of Westbury (hereinafter the "Code") as they relate to the MU District. Except as otherwise provided in this article, any other chapters, articles, or provisions of the Code that are inconsistent with, or conflict with, this article, and/or the standards and procedures set forth herein shall have no application, force, or effect within the Maple Union TOD District.
§ 248-349 Amended Zoning Map; Schedule of Regulations.
This enactment shall include: i) the approval and filing of a new zoning map reflecting changes described herein (hereinafter the "updated Zoning Map" or "Zoning Map"[1]); and ii) the approval and adoption of the Schedule of Regulations.[2]
[1]
Editor's Note: Said map is on file in the Village offices.
[2]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
§ 248-350 Designation of district.
§ 248-351 Permitted uses: MU-R1.
In the MU-R1 District, no lot or building shall be erected, altered or used other than as follows:
B.
Accessory uses. Accessory uses shall be limited to those uses on the same lot with and customarily incidental to any of the above permitted uses.
C.
Special uses. The following uses shall be permitted only with a special permit issued pursuant to Article XXIX: Churches or similar places of worship; cellular towers and cellular antennas.
D.
For area requirements, see area zoning criteria set forth on the Schedule of Regulations.[1]
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
§ 248-352 Permitted uses: MU-R2.
In the MU-R2 District, no lot or building shall be erected, altered or used other than as follows:
A.
Principal uses.
B.
The following principal uses shall be permitted on the ground level, except to the extent that such use would constitute an adult use as identified in Article XXVI of this Code:
(1)
Art or craft supply store, studio or gallery;
(2)
Antique shop;
(3)
Bakery, health food store, ice cream parlor, specialty food store, grocery store, supermarket, candy store, delicatessen or any retail store that prepares or sells food or drink other than alcoholic beverages or an eating or drinking establishment other than those serving alcoholic beverages, excluding fast food as defined by § 248-2, provided such use does not have a dining area of more than 300 square feet and no more than 12 seats, and provided that hours of operation of such use is between the hours of 7:00 a.m. and 10:00 p.m.;
(4)
Bank and credit union (excluding pawnbrokers and check cashing businesses);
(5)
Barber shop or beauty parlor;
(6)
Bicycle store;
(7)
Book store;
(8)
Clothing store;
(9)
Computer sales, supplies and repair store;
(10)
Collectible or memorabilia store;
(11)
Dry cleaner, provided no cleaning is performed on premises;
(12)
Florist;
(13)
Gift shop;
(14)
Health club;
(15)
Jewelry store;
(16)
Martial arts, yoga and dance studio;
(17)
Mobile telephone, electric appliances and other electronics store;
(18)
Any municipal use, including municipal parking lot or structure;
(19)
Nail salon;
(20)
Optician and eyeglass store;
(21)
Other convenience retail establishment, such as a cosmetic store, drugstore, hardware store and music/video sale and/or rental store;
(22)
Pet store, pet grooming store or pet supply store, provided that they are no greater than 3,000 square feet in area and do not provide the boarding of animals;
(23)
Pharmacy;
(24)
Not-for-profit library, art gallery, museum;
(25)
Real estate office;
(26)
Shoe store or repair shop;
(27)
Tailor;
(28)
Travel agency;
(29)
Vitamin store.
C.
Accessory uses. Accessory uses shall be limited to those uses on the same lot with and customarily incidental to any of the above permitted uses.
D.
Special uses. The following uses shall be permitted only with a special permit issued pursuant to Article XXIX:
(1)
An eating or drinking establishment that exceeds the thresholds described in § 248-352B(3) and/or one that serves alcoholic beverages;
(2)
Cabaret;
(3)
Cigar bar;
(4)
Hotel;
(5)
Churches or similar places of worship;
(6)
Cellular towers and cellular antennas;
(7)
A permitted use operating between the hours of 10:00 p.m. and 7:00 a.m., provided said use meets the standards enumerated in § 248-251.3;
(8)
Assisted living housing which meets the definition for "Specialized senior housing facility or facilities" as defined by § 248-2; and
(9)
Uses similar to permitted uses as determined by the Board of Trustees.
E.
Special ground floor use limitations. Except in the case of an attached housing or townhouse use, where ground floor commercial use is prohibited:
F.
For area requirements, see area zoning criteria set forth on the Schedule of Regulations.[1]
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
§ 248-353 Permitted uses: MU-R3.
In the MU-R3 District, no lot or building shall be erected, altered or used other than as follows:
A.
Principal uses.
B.
Accessory uses. Accessory uses shall be limited to those uses on the same lot with and customarily incidental to any of the above permitted uses.
D.
For area requirements, see area zoning criteria set forth on the Schedule of Regulations.[1]
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
§ 248-354 Permitted uses: MU-R4.
In the MU-R4 District, no lot or building shall be erected, altered or used other than as follows:
B.
Accessory uses. Accessory uses shall be limited to those uses on the same lot with and customarily incidental to any of the above permitted uses.
C.
Special uses. The following uses shall be permitted only with a special permit issued pursuant to Article XXIX: those permitted in the MU-R2 District.
D.
Special ground floor use limitations. Except in the case of an attached housing or townhouse use, where ground floor commercial use is prohibited:
E.
For area requirements, see area zoning criteria set forth on the Schedule of Regulations.[1]
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
§ 248-355 Permitted uses: MU-R5.
In the MU-R5 District, no lot or building shall be erected, altered or used other than as follows:
B.
Accessory uses. Accessory uses shall be limited to those uses on the same lot with and customarily incidental to any of the above permitted uses.
C.
Special uses. The following uses shall be permitted only with a special permit issued pursuant to Article XXIX: those permitted in the MU-R2 District.
D.
Special ground floor use limitations. Except in the case of an attached housing or townhouse use, where ground floor commercial use is prohibited:
E.
For area requirements, see area zoning criteria set forth on the Schedule of Regulations.[1]
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
§ 248-356 Permitted uses: MU-R6.
In the MU-R6 District, no lot or building shall be erected, altered or used other than as follows:
B.
Accessory uses. Accessory uses shall be limited to those uses on the same lot with and customarily incidental to any of the above permitted uses.
C.
Special uses. The following uses shall be permitted only with a special permit issued pursuant to Article XXIX: those permitted in the MU-R2 District.
D.
Special ground floor use limitations. Except in the case of an attached housing or townhouse use, where ground floor commercial use is prohibited:
E.
For area requirements, see area zoning criteria set forth on the Schedule of Regulations.[1]
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
§ 248-357 Permitted uses: MU-R7.
In the MU-R7 District, no lot or building shall be erected, altered or used other than as follows:
B.
Accessory uses. Accessory uses shall be limited to those uses on the same lot with and customarily incidental to any of the above permitted uses.
C.
Special uses. The following uses shall be permitted only with a special permit issued pursuant to Article XXIX: those permitted in the MU-R2 District.
D.
Special ground floor use limitations. Except in the case of an attached housing or townhouse use, where ground floor commercial use is prohibited:
E.
For area requirements, see area zoning criteria set forth on the Schedule of Regulations.[1]
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
§ 248-358 Off-street parking requirements.
Within the Maple Union TOD District, all structures and land uses hereafter erected, enlarged or extended shall be provided with the amount of off-street automobile parking space and loading and unloading space required by the provisions of Article XXXI of the Code.
§ 248-359 Development bonus provisions.
A.
Intent. In accordance with § 7-703 of the Village Law of the State of New York, the Board of Trustees is empowered to provide for a system of zoning incentives, as it deems necessary and appropriate, consistent with the purposes and conditions set forth in this article. This provision, allowing for the awarding of zoning incentives in the form of development bonuses to those applicants who provide certain specified public benefits, is designed to improve the working, shopping and living environment of the Maple Union TOD District by:
(1)
Providing, encouraging the retention and development of attractive and useful open space;
(2)
Improving pedestrian circulation;
(3)
Encouraging a mix of land uses and housing types;
(4)
Encouraging use of nearby mass transportation facilities;
(5)
Improving traffic circulation and parking;
(6)
Arranging and designing buildings to provide light and air to streets and other properties and to enhancing aesthetic views;
(7)
Encouraging the development of attractive, pedestrian-oriented retail areas;
(8)
Encouraging the provision and use of both passive and active recreation areas;
(9)
Preserving and/or increasing the quantity and quality of landscaping;
(10)
Encouraging creative and superior architectural design; and
(11)
Improving the Village infrastructure.
B.
Examples of public benefits, subject to the approval of the Board of Trustees, which could meet the above objectives within the Maple Union TOD District include but are not limited to:
(2)
Inclusion of micro units of no less than 350 square feet of clear floor area;
(3)
Inclusion of age-restricted units;
(4)
Inclusion of veteran preferential units;
(5)
Off-site improvements to parks, open space, transit facilities, and streetscape within the Maple Union TOD District;
(6)
Provision for social or cultural public benefits;
(7)
Water and sewer system improvements;
(8)
Additional off-street parking made available for public use;
(9)
Public street crosswalks;
(10)
Additional open space, enhancement of existing open space, and ecological restoration;
(11)
Private or public recreational opportunities;
(12)
Pedestrian or vehicular connector;
(13)
Off-street passenger loading (for hotels, apartment, condominium, or housing cooperative buildings, etc.);
(14)
Sidewalk canopy;
(15)
Interior freight loading;
(16)
Leadership in Energy and Environmental Design (LEED) certifications or similar standards;
(17)
Subsurface, concourse or bridge connections to other buildings;
(18)
Additional setback at grade, allowing for sidewalk widening or plaza with landscaping and/or unique paving design;
(19)
Unique landscaping;
(20)
Shared transportation;
(21)
Cash contribution in lieu of the above; and
(22)
Transfer of land to the Village to achieve the above goals.
C.
The Board of Trustees, in any approval granted under this article, may provide a development bonus to an applicant in order to further the intent of this section. The Schedule of Regulations[1] describes the bonuses achievable by an applicant. An analysis of the long-term economic value of the proposed public benefits to the Village as compared with the long-term economic value of the proposed incentives to the applicant shall be provided as a part of the application. For purposes of this section, "long-term" shall be defined as a term of 10 years or more. Notwithstanding the above, the Board of Trustees expressly reserves to itself the right to grant bonuses exceeding those set forth in the Schedule of Regulations, if it deems such appropriate.
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
§ 248-360 Application procedures.
The procedure for any application for development under this article, whether as of right or seeking developmental bonuses, shall involve the approval of a preliminary development concept or site plan by the Board of Trustees and the approval of a final detailed site plan, and a subdivision plat, if applicable, by the Board of Trustees. For the sake of clarity, all development proposals for land situated within the Maple Union TOD District must be brought under this article in lieu of any other provisions of the Village Code.
A.
Application for development under this article. Application for establishment, extension, or expansion of a development under this article in the Maple Union TOD District shall be made by submitting 10 copies of the application to the Board of Trustees. The application shall include, at a minimum, the following:
(1)
The names and addresses of the property owner(s), the applicant(s), if other than the owner(s), and the planner, engineer, architect, surveyor, and/or other professional engaged to work on the project.
(2)
Where the applicant(s) is/are not the owner(s) of the property, written authorization from the owner(s) for the submission of the application.
(3)
A written narrative statement describing the nature of the proposed project, how it is designed to serve the purposes of this article, the site's relationship to immediately adjoining properties and the surrounding neighborhood, the availability and adequacy of community facilities and utilities to serve the site, and the safety and capacity of the public roadways in the area of the site in relation to the anticipated traffic generation from the site.
(4)
A written statement of the proposed method of ownership and maintenance of all common utilities, common facilities, and areas of open space within the proposed development.
(5)
A written statement of the method that will be used to ensure compliance with any affordable, workforce, age-restricted, or veterans housing and eligibility requirements for same.
(6)
A preliminary development concept or site plan for the proposed project, drawn to a convenient scale, and including the following:
(a)
The area of the project site, in both acres and square feet;
(b)
A site location sketch or radius map indicating the location of the project site with respect to neighboring streets and properties, the names of all owners of property within 200 feet of the site, the existing zoning of the site, and the location of all zoning district boundaries in the surrounding neighborhood;
(c)
A preliminary site development plan, indicating the approximate location and design of all buildings, the arrangement of parking areas and access drives, the general nature and location of other proposed site improvements, and the lot configuration if applicable; and
(d)
A preliminary rendering of the architectural treatments expected to be implemented on completion of the project.
(7)
An application fee, which shall be established from time to time by resolution of the Board of Trustees.
(8)
In order to evaluate compliance with the New York State Environmental Quality Review Act ("SEQRA"), along with an application for development, an applicant must submit an analysis prepared by a qualified environmental/planning professional evaluating consistency of the proposed action with the conditions and criteria set forth in the findings statement for the proposed zoning amendments to the Village of Westbury Code, as adopted by the Village Board. Such analysis must evaluate the cumulative impacts of other project(s) for which: a) there is a valid application pending for development; or b) a development has been approved but not yet constructed and occupied at the time of the extant application.
(a)
Upon submission of a development application, the Village Board shall review the materials and may request additional information as needed to complete its evaluation of the consistency of the proposed action with said conditions and criteria. Upon receipt of all information deemed necessary for the review and upon completion of its review, the Village Board shall inform the applicant, in writing, as to the level of SEQRA review required, if any, pursuant to 6 NYCRR 617.10(d), Generic environmental impact statements.
(9)
A conflict disclosure form as amended from time to time by the Board of Trustees.
(10)
A zoning analysis reflecting the proposal as an "as of right" build or indicating any proposed bonus zoning sought.
(11)
A list of public benefits offered to the Village and a written analysis as described in § 248-359C.
(12)
The written description of the plan for private sanitation, waste and rubbish disposal to be implemented, as required in § 248-362A.
(13)
A deposit to be used by the Board of Trustees to engage professionals to review the application.
(14)
A written undertaking of applicant, in form acceptable to the Village, agreeing that applicant shall reimburse the Village for its actual out-of-pocket expenses of counsel and consultants (engineering, environmental, etc.) to be retained by the Village to assist the Village in considering the application, together with a deposit, in an amount to be determined by the Board of Trustees, as an advance against such reimbursement obligations. Applicant shall, if requested by the Village, make additional advances to the Village as necessary to restore such deposit as expenses are incurred and the advance depleted.
(15)
A written undertaking of applicant, in form acceptable to the Village, agreeing that applicant shall hold the Village harmless for any loss of Village real property tax revenues in the event that applicant obtains real property tax incentives abatements or exemptions, including any payment in lieu of taxes (PILOT).
(16)
Such other information as may be determined necessary by the Board of Trustees in order to properly enable them to review and decide upon the application.
B.
Procedure for approval.
(1)
In its discretion, the Board of Trustees may determine, at any time, with or without a public hearing, and with or without review pursuant to SEQRA and its implementing regulations, that an application which requires bonuses or discretionary approval by the Board of Trustees will be denied or not entertained.
(2)
If the Board of Trustees determines to entertain a preliminary application for approval pursuant to this section, the applicant shall be required to submit to the Village a final detailed set of plans including a final site plan and subdivision plan (if applicable) and such additional materials and information as the Board of Trustees may require. Once all submissions have been made to the satisfaction of the Board of Trustees, the Board of Trustees shall promptly schedule and hold a public hearing on the application pursuant to the same notice and procedural requirements that are prescribed for Village local law adoption.
(3)
The requirements of SEQRA and its implementing regulations shall be complied with for any application pursuant to this section.
C.
Decision by the board of trustees.
(1)
The Board of Trustees will render a final decision on an application after it closes the public hearing. The Board of Trustees may deny, approve or approve with modifications or conditions the application. This article is intended to provide the Board of Trustees with the broadest level of discretion possible in evaluating proposed public benefits and resulting bonuses.
(2)
The Board of Trustees may require, incident to granting an approval, that the applicant(s) submit a declaration, to be recorded in the Office of the Nassau County Clerk, imposing such covenants and restrictions on the property included in such district as the Board of Trustees may deem necessary or desirable in order to protect the interests of the Village and assure that such property will be developed and maintained in accordance with, and will not be used in violation of, the purposes and provisions of this section. The Board of Trustees may also require, incident to any approval, a community benefit or similar agreement which documents certain aspects of the applicant's responsibilities with regard to the project.
(3)
Approval of the site plan, subdivision plan and/or approvals on a proposed development shall expire two years after the applicable approval; within such period the applicant shall have filed for, received and is constructing pursuant to a building permit for such development. The Board of Trustees, upon written request of the applicant, may extend the above time period for two additional periods of not more than six months each.
(4)
No building permit shall be issued and no commencement of use shall be permitted unless and until a site plan and all other permits and approvals shall have been issued by the Board of Trustees.
(5)
Where a proposed MU District development involves a subdivision or resubdivision of land, no development may proceed unless and until the Board of Trustees has granted final subdivision plat approval, it being the intention of the Board of Trustees to retain subdivision approval to themselves with regard to applications under this article.
(6)
In its discretion, the Board of Trustees may require bonding. The Board of Trustees is authorized to impose such requirements for bonding with respect to any project or approved development, construction, and improvements as it deems necessary and appropriate, and also to condition the release of such bond or portions thereof on the approval, acceptance, or dedication of all or any portion of the work that has been bonded.
(7)
Referrals. The Board of Trustees may, by resolution of the Board of Trustees, in its discretion, refer any application, or any aspects thereof, to a Village board or commission whose input may be deemed appropriate by the Board of Trustees for recommendation and/or decision. If referred for approval, any such approval by such board shall be in lieu of, and have the force and effect of, the Board of Trustees determination under this article.
D.
Waiver. The Board of Trustees may waive any submission it deems not necessary in order to evaluate an application. No failure on the part of the Village to exercise any right or power under this article, or to insist upon strict compliance with the provisions of this article, and no custom or practice of any party at variance with the terms and conditions of this article, shall constitute a waiver of the Village's right to demand exact and strict compliance with the terms and conditions of this article.
E.
Severability. Should any court of competent jurisdiction determine that any clause, sentence, paragraph, word, section or part of this section, or the application of same to any building, structure, land, or owner, is unconstitutional, illegal, or invalid, such determination shall not affect, impair, or invalidate the remainder of this section, which shall be separately and fully effective, or the applicability of this section to any other building, structure, land or owner.
F.
Separate account for public benefit funds. If the Board of Trustees determines that a suitable public benefit is not immediately feasible, or otherwise not practical, the Board of Trustees may require, in lieu thereof, a payment to the Village of a sum to be determined by the Board of Trustees. If cash is accepted in lieu of, or in addition to, other public benefits, such sum shall be deposited in a separate account maintained by the Village to be used for public benefits authorized from time to time by the Board of Trustees. Such public benefits need not be specifically related to the subject project but may be, in the Board of Trustee's discretion, generally beneficial to the Village.
G.
Statutory authority and supersession. This section, and any local law adopted pursuant to this article, shall be deemed to have been adopted pursuant to the provisions of Municipal Home Rule Law § 10(1)(ii)(a)(14) and the Statute of Local Governments, §§ 10(6) and 10(7), and this section shall supersede any provision of Article 7 of the New York Village Law and, specifically, §§ 7-718 and 7-725-a thereof, that are inconsistent with the provisions of this section.
§ 248-361 Development requirements for affordable housing.
A.
For any residential or mixed-use development which incorporates five or more residential units, the applicant shall set aside at least 10% of all residential units for affordable workforce housing on site or shall otherwise comply with § 699-b of the New York State General Municipal Law. For purposes of this subsection, "affordable workforce housing" means housing for individuals and families at or below 80% of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the federal Department of Housing and Urban Development. Affordable workforce housing units shall be of consistent design to those of the rest of the development. The applicant and its successors shall annually submit a certification to the Village that it is in compliance with § 699-b of the New York State General Municipal Law.
B.
The Village may promulgate requirements for for-sale housing pursuant to this section that complies to state law and regulations. In the alternative, the Board of Trustees may permit the developer to make provision of other land and the construction of the required affordable workforce housing units that are not part of the applicant's current subdivision plat or site plan but are to be provided on another site within the Village; or make the payment of a fee in accordance with § 699 of the General Municipal Law. Affordable housing units shall comply with all requirements set forth by the Village Board of Trustees at the time of site plan approval in relation to unit occupancy, location, design, and continued affordability over time. The developer and its successors shall annually submit a certification to the Village that it is in compliance with § 699-b of the New York State General Municipal Law.
C.
Covenants and restrictions.
(1)
To insure continued compliance with § 699-b(3) of the General Municipal Law requiring affordable housing to remain affordable in perpetuity, and to assure the compliance with and achievement of the Village's goals set forth in this article, all affordable housing units shall be subject to covenants and restrictions that run with the land, and govern the sale, resale and rental of such units in accordance with the requirements of this article. Any said covenants and restrictions shall be prepared by the applicant and submitted to the Village Attorney for approval as to form and content. Upon approval by the Village Attorney, such covenants and restrictions shall be recorded by applicant in the office of the Nassau County Clerk, at his or her own expense, and provide the Village Attorney and the Board of Trustees with a copy of the recorded instrument before an application for a building permit will be accepted for filing.
(2)
As a condition of approval, the Board of Trustees:
(a)
May require the applicant to enter into a contract with a local housing group to administer the affordability of the housing units, and to monitor the sale, resale and rental of all units for compliance with the Code and New York State laws. Prior to execution of any such contract, applicant shall submit same to the Village Attorney for approval as to form and content. Upon approval by the Village Attorney, applicant shall enter into such contract and shall deliver a fully executed copy thereof to the Village; before an application for a building permit will be accepted for filing; and
(b)
May require all deeds transferring title to affordable homeownership housing units to contain a reference to the liber and page of the recorded covenants and restrictions.
(3)
The Board of Trustees may establish such other restrictions, requirements, oversight and reporting obligations as it deems necessary from time to time, which shall be applicable to applicant or its successors or assigns upon notice thereof.
§ 248-362 Rubbish disposal.
A.
Notwithstanding anything to the contrary contained in the Village Code, properties approved for development under this article shall thereafter be required to provide private sanitation, waste disposal, rubbish removal and recycling collection consistent with Chapter 211, and the Village shall thereafter have no responsibility to provide such services. Any site plan application, application for special use, building permit or other application under this article shall be required to include a written description and plan for the private sanitation, waste disposal, rubbish removal and recycling collection to be utilized and implemented.
B.
Following any approval under this section, the owners of any subject property shall provide the following:
(1)
Provide written disclosure of the private sanitation, waste disposal, rubbish removal and recycling collection services in any lease, condominium plan, unit sale agreements, and other land use agreements with the end users of the units so developed, and in any contract of sale of the entire property, and all such agreements shall be subject to this requirement.
(2)
Record a covenant, in such form approved by the Village, that reflects the perpetual private sanitation and recycling obligations related to the property, and such written disclosure requirements. Said covenants and restrictions shall be prepared by the applicant and submitted to the Village Attorney for approval as to form and content. Upon approval by the Village Attorney, the applicant shall record the covenants and restrictions in the office of the Nassau County Clerk, at his or her own expense, and provide the Village Attorney and the Board of Trustees with a copy of the recorded instrument before an application for a building permit will be accepted for filing.