In One-Family Residence R-1 Districts, no building
or premises shall be used and no building or part of a building shall
be erected or altered which is arranged, intended or designed to be
used in whole or in part for any uses except the following:
B.
The following commercial agricultural operations and
accessory uses thereto, provided that there shall be no stable or
similar facility for the housing of animals or the storage of manure
or other odor- or dust-producing substance or use, except spraying
and dusting to protect vegetation, within 150 feet of any lot line.
(1)
The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products thereof, provided that no building is erected and signs conform to Chapter 137, Signs. The seasonal sale of products shall be restricted to those grown on the premises.
[Amended 4-1-1975 by L.L. No. 1-1975]
(2)
The keeping, breeding and raising of cattle (including
dairies), sheep, goats and horses and the rental of horses, on lots
of 20 acres or more.
(3)
Any provision to the contrary notwithstanding, the
keeping of chickens and bantams by a special permit issued by the
Board of Trustees subject to the following conditions:
[Amended 8-3-2010 by L.L. No. 3-2010]
(a)
The number of chickens or bantams shall not exceed six per 20,000
square feet of lot area, in no event more than 18 on any parcel;
(b)
Commercial sale of any chicken, bantam or poultry product is prohibited;
(c)
Roosters are prohibited;
(d)
Any coop structure, exclusive of an outdoor pen, shall not exceed
100 square feet or 10 feet in height, shall be located in a rear yard
only and shall maintain a setback to any side or rear yard line of
not less than 20 feet;
(e)
Any outdoor area used by chickens or bantams shall be fenced so as
to prohibit harm to the chickens or bantams and so as to limit the
chickens or bantams to within the fenced area;
(f)
The Zoning Board of Appeals is not authorized to grant any variance to the requirements of this subsection, excepting that the Zoning Board of Appeals is authorized to grant area variances to the minimum lot area requirement in Subsection B(3)(a); and
(g)
Any application for a special permit under this subsection shall
require applicant to mail by certified mail a notice of said application
including a plot plan showing any coop or other structure and fenced
area to each bounding neighbor at least 14 days prior to any hearing
or said application.
(4)
Barns, silos and toolsheds accessory to any aforementioned
use, provided that such accessory buildings shall conform to the yard
requirements for principal buildings.
(5)
At no time shall any premises permitted in this section
be used in such a manner as to cause injury, annoyance or disturbance
to any of the surrounding properties and to their owners or occupants.
C.
Buildings, structures and uses owned and operated
by the Village of North Haven.
D.
The following uses subject to review and the issuance therefor of a special permit by the Board of Appeals in accordance with § 163-46B and the special conditions hereof. However, the site plan for each such intended use shall also be subject to review by the Planning Board, which shall make findings in accordance with the provisions of §§ 163-48 through 163-50 hereof, following approval of the Board of Appeals.
(2)
Schools. Special conditions shall be as follows:
(a)
Same as conditions set forth in § 163-10D(1)(a) and (b) above.
(b)
Any such school shall be a nonprofit organization
within the meaning of the Internal Revenue Act and shall be registered
effectively as such thereunder.
(c)
Any such school shall occupy a lot having a
minimum area not less than that provided by the New York State Department
of Education. Where no minimum is provided in a particular case, then
the minimum area shall be not less than three acres plus one acre
for each 100 pupils for which the building is designed.
[Amended 4-1-1975 by L.L. No. 1-1975]
(3)
Annual membership clubs providing outdoor recreational
facilities such as private playgrounds, swimming pools and tennis
courts, excluding common dock facilities. Special conditions shall
be as follows:
[Amended 4-11-1988 by L.L. No. 2-1988; 9-6-1988 by L.L. No. 3-1988; 5-2-1989 by L.L. No. 2-1989; 5-2-1989 by L.L. No. 3-1989]
(a)
Same as conditions set forth in § 163-10D(1)(a) and (b) above.
(b)
That any such club is incorporated pursuant
to the provisions of the Not-For-Profit Corporation Law or the Benevolent
Order Law of the State of New York and caters exclusively to members
and their guests.
(c)
That any such use shall not be conducted as
a business enterprise.
(d)
That such use shall occupy a lot with an area
of not less than five acres, except that such use may occupy a lot
with an area of less than five acres if said area is reserved as a
recreation area to be maintained by a homeowners' association pursuant
to any prior or future approval of said recreation area by the Planning
Board.
(e)
That the use of outdoor public-address systems
for any purpose is prohibited.
(f)
That exterior lighting, other than that essential
for the safety and convenience of the users of the premises, shall
be prohibited.
(4)
(5)
Public utility rights-of-way and structures necessary
to serve areas within the Village subject to such conditions as the
Board of Appeals may impose in order to protect and promote the health
and safety and general welfare of the community and the character
of the neighborhood in which the proposed structure is to be constructed.
(6)
Cemeteries.
E.
Accessory uses, limited to the following:
(1)
Customary home occupations, provided that:
(a)
No display of goods or sign is visible from the street, except as set forth in Chapter 137, Signs.
(b)
Such occupation is incidental to the residential
use of the premises and is carried on in the main building by a resident
thereon with no nonresident assistants.
(c)
Only customary household appliances and equipment
are used.
(d)
At no time shall any premises be used in such
a manner as to cause the emanation therefrom of offensive or noxious
odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise or
radiation or be used in such a manner as to cause injury, annoyance
or disturbance to any of the surrounding properties and to their owners
and occupants.
(2)
The professional office or studio of an architect,
artist, dentist, engineer, lawyer, musician, teacher and physician,
provided that:
(a)
Such office or studio is incidental to the residential
use of the premises and is carried on by a resident thereon with not
more than two nonresident assistants.
(b)
Such office or studio shall occupy not more
than 30% of the area of the ground floor of the main building and
shall be contained therein.
(c)
Studios where dancing or music instruction is
offered to groups in excess of four pupils at one time or where concerts
or recitals are held are prohibited.
(d)
Equipment capable of causing interference with
radio or television reception shall be prohibited unless also equipped
with means to prevent such interference.
(3)
Any two of the following: garden house, toolhouse, playhouse or water pool less than 18 inches in depth or 150 square feet or less in area. Such pool shall conform to the provisions of § 163-10E(8)(g) and (i) and shall be subject to the following requirement: the edge of the pool shall be kept a distance of not less than 20 feet from all property lines.
[Amended 8-7-1990 by L.L. No. 4-1990[1]]
[1]
Editor's Note: The resolution that adopted
this local law provided as follows: "Local Law No. 4 of 1990 [shall]
be adopted with the clear understanding that a gazebo is to be considered
a garden house or storage shed."
(4)
The incidental keeping of boarders or lodgers or accommodations
for tourists by a resident family, provided that no more than 1/2
of the bedrooms in the dwelling are used for lodging purposes.
(5)
Boathouses, landings and docks which are not conducted
for a profit.
(6)
One private garage. Two passenger automobile spaces
in such garage may be leased to persons not resident on the premises.
[Amended 8-7-1990 by L.L. No. 4-1990]
(7)
Stables and outdoor pens.
(a)
A private stable for the housing of horses,
cattle, sheep and goats or similar domestic animals, used exclusively
by the owner of such property, his household guests and employees,
provided that the lot shall have an area of at least two acres for
one or two such animals and one additional acre for each additional
animal; provided, however, that no stable shall be erected or maintained
within 150 feet of any street or property line and that no manure
shall be stored within 150 feet of any property line.
(b)
The keeping of not more than two dogs or other
household pets more than six months old in outdoor shelters or pens
is permitted, provided that such shelters or pens shall be not less
than 50 feet from any lot line.
(8)
Outdoor swimming pools, subject to the following requirements:
(a)
A building permit shall be required for the
construction, installation or alteration of any permanent or portable
outdoor swimming pool which is 18 inches or more in depth or more
than 150 square feet in area. Such pool shall not be located in the
front or any side yard of the premises. Where any parcel of plot abuts
a body of water, a pool may not be constructed in a side yard.
[Amended 3-14-1985 by L.L. No. 2-1985; 5-28-2015 by L.L. No. 3-2015]
(b)
The setback from any property line for a swimming
pool, including any decks or slabs or structures accessory to said
swimming pool, shall not be less than the following:
[Amended 4-5-1982 by L.L. No. 1-1982; 3-14-1985 by L.L. No.
2-1985; 9-6-1994 by L.L. No. 5-1994]
[1]
On a lot in the R-1 and R-2 Zoning Districts
having an area of 80,000 square feet or more, the setback shall be
not less than 40 feet.
[2]
On a lot in the R-1 and R-2 Zoning Districts
having an area less than 80,000 square feet but 40,000 square feet
or more, the setback shall be not less than 30 feet.
(c)
The area of the pool, including any decks or
slabs, shall not exceed 25% of the open area of the yard in which
the pool is located.
[Amended 4-5-1982 by L.L. No. 1-1982; 3-14-1985 by L.L. No.
2-1985]
(d)
Plans and drawings submitted with the application
for the building permit shall show the pool location on the plot,
the pool and enclosure construction details, the water supply and
disposal system and the electrical appurtenances.
(e)
A fence shall completely enclose the area containing
the swimming pool or shall, together with the walls of a building,
securely complete the enclosure.
[Amended 4-5-1982 by L.L. No. 1-1982; 3-14-1985 by L.L. No.
2-1985; 7-1-1985 by L.L. No. 5-1985]
[1]
The enclosing structure shall be not less than
four feet in height; be completely covered from the top to within
three inches of the ground level with a material having openings which
shall measure not more than a nominal three inches in either width
or length, except that fencing with vertical members such as pickets
shall have the vertical members no farther apart than a nominal three
inches; and be of sufficient strength to support the weight of at
least 250 pounds.
[2]
All gates shall be self-closing and equipped
with a spring lock at least three feet six inches above ground level,
opening only from the inside of the enclosure and capable of being
secured with a padlock or key.
[3]
Before a swimming pool is filled with water
and until such time as the principal residence shall obtain a certificate
of occupancy, such pool shall be completely enclosed with a fence
complying with this subsection or with a temporary fence not less
than three feet six inches in height and of construction equal to
a typical snow fence. Such temporary fence shall remain in place until
the pool is inspected and found to comply physically with construction
specifications of this section and until the permanent fencing is
in place.
(f)
Submitted plans shall show that all water flowing
or emptying from a pool will not flow on to abutting property or streets
or, in the judgment of the Village Engineer, will not interfere with
any public or private water supply system.
(g)
No electric current conductors shall cross the
pool either overhead or underground, and all adjacent metal fences,
railings or other similar installations shall be effectively grounded.
Electrical appurtenances shall conform in type and installation with
Board of Underwriters standards.
(h)
Outdoor swimming pools shall be used and maintained
in conformity with the New York State Sanitary Code and the rules
and regulations of the Suffolk County Health Department.
(i)
Outdoor swimming pools are permitted in all
residential districts as accessory uses to dwellings, for the private
use of the dwelling occupant and his family and guests. Such use shall
not be conducted so as to interfere unduly, by loudspeaker devices,
floodlighting or other controllable distractions or unnecessary noises,
with the comfort, repose, health or safety of neighboring inhabitants.
(j)
In the event that an owner shall abandon a permanent
or portable outdoor pool which is 18 inches or more in depth, he shall
forthwith fill all depressions and restore the premises to approximately
the same grade as before the pool was constructed.
(k)
It shall be unlawful for any owner, lessee or
tenant in possession of land in the Village on which is located an
outdoor swimming pool which is 18 inches or more in depth to fail
to provide such fence or wall enclosure as herein provided, and any
such pool in existence on the date this chapter becomes effective
shall, within 30 days from such effective date, be surrounded with
a fence or wall as herein provided.
(l)
All filters, heating elements and any other
appurtenances required for the operation and/or maintenance of all
swimming pools shall be housed in properly ventilated enclosed structures
or screened by natural vegetation which shall provide for concealment.
[Added 6-20-1996 by L.L. No. 4-1996]
(m)
Water used to fill a swimming pool shall not
be obtained from any private well within the Village of North Haven
and, instead, all water used for such purpose shall be obtained from
sources outside the Village of North Haven.
[Added 7-6-1999 by L.L. No. 3-1999]
(9)
Private tennis courts are permitted subject to the
following requirements:
[Added 9-10-1979 by L.L. No. 2-1979;
amended 5-3-1982 by L.L. No. 6-1982; 8-4-1986 by L.L. No. 7-1986; 7-5-1989 by L.L. No. 4-1989]
(a)
A building permit shall be required. In a residence
district, a plot or parcel of land containing 10 or less acres improved
with a single-family residence may be used for the construction, use
and maintenance of one tennis court. In a residence district, a plot
or parcel of land containing more than 10 acres improved with a single-family
residence may be used for the construction, use and maintenance of
two tennis courts.
(b)
Application. Every application for a tennis
court shall be accompanied by a plot plan drawn to scale, together
with plans in duplicate, in sufficient detail to show:
[1]
The location and size of the plot.
[2]
The location of the site of the proposed tennis
court in relation to adjoining properties.
[3]
Computations showing the percentage of land
proposed to be used for the tennis court and existing improvements.
[4]
The breakdown of estimated cost used in the
application.
[5]
The location and size of all existing improvements
on the plot.
[6]
The nature and type of materials to be used
for the playing surface of the tennis court.
(c)
No permitted tennis court shall exceed 7,400
square feet, including the enclosure.
(d)
Location. The tennis court and any fence enclosing
the same shall be located within the rear yard except that no portion
of a lot shall be deemed to be within a rear yard for purposes of
locating a tennis court if any such portion is within 250 feet from
the front yard lot line, unless said portion is between a principal
structure and the rear lot line. A tennis court and any fence enclosing
same may be located in a front yard if the setback is not less than
250 feet from the front yard lot line.
[Amended 6-6-2000 by L.L. No. 3-2000; 10-4-2016 by L.L. No. 3-2016]
(e)
Setbacks. No part of the tennis court or of
any fence enclosing any part thereof shall be located within 20 feet
of any rear or side lot line.
(f)
Fences. The tennis court shall be enclosed by
a chain link fence, and the fence fabric shall be covered with a green,
black or dark brown plastic coating. The fence may have such opening
or openings as the owner deems appropriate, subject to the approval
of the Building Inspector. The fence shall not exceed a height of
10 feet above the natural grade of the land at the places where erected.
No covering or decoration of any kind shall be attached to any fence,
other than living plants or solid green, black or dark brown wind
screens or wind fences without any other design or decoration.
(g)
Landscaping. The tennis court and all fencing
surrounding the same shall be completely screened from adjoining properties
by a living screen of plantings which shall have a height of at least
eight feet when planted and shall be planted five feet on center between
said fencing enclosing the tennis court and all the lot lines of the
plot on which said tennis court is located, excepting only that side
of the tennis court which faces the dwelling. Said plantings shall
be maintained and replaced so long as said fencing and the tennis
court remain on the premises. Any provision foregoing to the contrary
notwithstanding, in the event that the tennis court is located entirely
or substantially below existing grade not less than two feet, and
in the further event that the fencing, if any, does not exceed four
feet on each side or in the further event that vegetated berms rather
than fencing are installed, then the plantings otherwise required
hereinabove may be of any height and spacing, subject to the finding
of the Building Inspector that plantings of a lesser height and/or
different spacing are the functional equivalent in terms of screening
adjoining properties.
[Amended 5-2-2000 by L.L. No. 2-2000]
(h)
Drainage. The height of the playing surface
of the tennis court shall not be above the existing mean level of
the ground immediately adjoining the tennis court area prior to its
construction, and said tennis court shall be so constructed and maintained
so as to prevent any drainage or surface water from flowing onto any
adjacent properties or public streets.
(i)
Use. The tennis court shall be used only by
the residents of the dwelling on the subject property and their guests.
Said tennis courts shall not be used prior to 9:00 a.m. of any day
or later than sunset of any day. No lights or other illumination of
any kind shall be installed, used or maintained in connection with
the use or maintenance of the tennis court, nor shall any loudspeaker
or sound amplification device or system be permitted.
(j)
The tennis court shall be an outdoor tennis
court only, and no part of the same shall be housed or enclosed by
any enclosure, covering, roof or any other device, whether of a temporary
or permanent nature.
(k)
It shall be the duty of the occupant of the
premises to avoid and prevent any noises, whether made by people or
any other means, which may disturb the peace and tranquility of the
neighborhood or interfere with the repose and comfort of the occupants
of any adjoining or abutting dwelling.
In a One-Family Residence R-2 District, no building
or premises shall be used and no building or part of a building shall
be erected or altered which is arranged, intended or designed to be
used in whole or in part for any uses except the following:
[Amended 8-4-1986 by L.L. No. 7-1986]
The minimum lot area in an R-1 District shall
be 80,000 square feet, and the minimum lot area in an R-2 District
shall be 40,000 square feet.
[Amended 8-4-1986 by L.L. No. 7-1986; 9-15-1992 by L.L. No.
5-1992; 9-7-2004 by L.L. No. 5-2004]
A.
The maximum lot coverage by main and accessory buildings
shall be 15% in an R-1 District and 20% in an R-2 District. Open terraces
constructed of pervious brick and sand or similar combination of materials
as natural grade shall not be included in lot coverage in either the
R-1 District or the R-2 District.
B.
Any provision foregoing to the contrary notwithstanding,
the gross floor area of any house, measured as the sum of the gross
floor area of all floors of a structure measured to the exterior of
the outside walls, including all accessory structures except as is
otherwise provided herein, shall not exceed the maximum permitted
floor area ratio (FAR) as follows:
(1)
Lots of 40,000 square feet or less: 2,000 square feet
gross floor area plus (lot area minus 10,000 square feet times 0.100)
equals maximum gross floor area.
(2)
Lots greater than 40,000 square feet and less than
80,000 square feet: 5,000 square feet gross floor area plus (individual
lot area minus 40,000 square feet times 0.050) equals maximum gross
floor area.
(3)
Lots 80,000 square feet or greater: 7,000 square feet
gross floor area plus (individual lot area minus 80,000 square feet
times 0.0325) equals maximum gross floor area, except as limited hereinbelow.
C.
Lot area shall include all of that area of a lot which is within the definition of "lot" as set forth in § 163-5, exclusive of open spaces as set forth in said subsection. Gross floor area shall not include the following improvements and structures which shall be exempt from inclusion in the calculation of gross floor area: unroofed decks, unroofed patios, open terraces as set forth above in this section, tennis courts, unroofed and unenclosed swimming pools, unroofed and unenclosed porches, basements and cellars to the extent the exterior exposed wall or walls thereof are four feet or less above natural grade (or four feet or less above base flood elevation where the premises are regulated under Chapter 85 of the Village Code) after construction and attics. In determining maximum lot coverage, whether under FAR or the percentage of lot coverage allowances otherwise provided above in this section or under any standard or guideline in § 163-66, the most restrictive standard shall in all events prevail. In no event shall gross floor area of any house, measured as the sum of the gross floor area of all floors of a structure measured to the exterior of the outside walls including all accessory structures except as exempted hereinabove, exceed 15,000 square feet of gross floor area. In calculating gross floor area: i) any interior space with a floor to ceiling height in excess of 15 feet shall be counted twice; ii) any first floor space used for the placement and location of mechanical (heating, ventilation, air conditioning, water pumps, and the like) systems, not in excess of 200 square feet, shall not be counted at all, provided said residence is prohibited by regulatory provision or local flooding conditions from placement of the same systems below the first floor; and iii) space improved with roofed but unenclosed and unscreened porches and/or an attached or accessory detached garage or other roofed accessory structures shall not be counted to the extent same are equal to or are less than an area which is 15% of gross floor area otherwise allowed (but in no event less than 400 square feet) or, by way of illustration, if the lot area is 72,360 square feet, then the maximum gross floor area is 6,618 square feet (72,360 minus 40,000 equals 32,360 times 0.050 equaling 1,618 plus 5,000 or 6,618 square feet) allowing up to 993 square feet (15% of 6,618 equals 993) of roofed but unenclosed and unscreened porches and/or an accessory garage or other roofed accessory structure in addition to 6,618 square feet maximum gross floor area otherwise allowed.
[Amended 8-4-1986 by L.L. No. 7-1986]
The minimum lot width shall be 175 feet in an
R-1 District and 150 feet in an R-2 District.
[Amended 8-4-1986 by L.L. No. 7-1986]
The minimum street frontage on a public or private
street shall be 175 feet in an R-1 District and 150 feet in an R-2
District. However, flag lots shall be permitted in a subdivision,
provided that such lots have a minimum street frontage of 40 feet
on a public or private street.
[Amended 8-4-1986 by L.L. No. 7-1986]
The minimum depth of a lot in an R-1 District
shall be 250 feet and in an R-2 District shall be 200 feet.
[Amended 8-4-1986 by L.L. No. 7-1986]
The minimum yards for principal buildings shall
be as follows:
A.
The minimum front yard shall be 75 feet in an R-1
District and 50 feet in an R-2 District.
B.
The minimum for one side yard shall be 30 feet in
an R-1 District and 30 feet in an R-2 District.
C.
The minimum total of both side yards shall be 80 feet
in an R-1 District and 68 feet in an R-2 District.
D.
The minimum rear yard shall be 60 feet in an R-1 District
and 40 feet in an R-2 District.
[Amended 4-5-1982 by L.L. No. 4-1982; 8-4-1986 by L.L. No. 7-1986]
The minimum yards for accessory buildings shall
be as follows:
A.
The minimum distance from the street shall be 90 feet
in an R-1 District and 70 feet in an R-2 District.
B.
The minimum distance from side and rear lot lines
shall be 30 feet in an R-1 District and 20 feet in an R-2 District.
D.
The minimum distance from the side and rear lot lines for a swimming pool, including any decks or slabs or structures accessory to said swimming pool, shall be in accordance with § 163-10E(8)(b).
[Amended 12-11-1986 by L.L. No. 13-1986; 9-6-1994 by L.L. No. 5-1994]
[Amended 9-10-1979 by L.L. No. 2-1979; 8-4-1986 by L.L. No. 7-1986; 7-3-1990 by L.L. No. 3-1990]
The minimum livable ground-floor area per dwelling unit shall
be 1,200 square feet in an R-1 District and 1,200 square feet in an
R-2 District.[1]
[1]
Editor’s Note: Former Subsection B, regarding the minimum
livable area of floors other than the ground floor, was repealed 4-6-2010
by L.L. No. 2-2010.
[Added 7-3-1990 by L.L. No. 3-1990[1]; amended 5-13-1996 by L.L. No. 2-1996; 11-5-2001 by L.L. No. 4-2001; 10-4-2011 by L.L. No. 7-2011; 6-6-2017 by L.L. No. 3-2017; 6-16-2021 by L.L. No. 3-2021; 3-15-2023 by L.L. No. 3-2023]
A.
Clearing regulations for undeveloped properties.
(1)
In the R-1 and R-2 Residence Districts of the Village of North Haven,
it shall be prohibited to remove, damage, cause to be removed or damaged,
clear, grade or otherwise disturb existing and naturally occurring
indigenous vegetation without the approval of either the Building
Inspector or the Planning Board.
(2)
Owners of undeveloped land may remove invasive vines and weeds including
poison ivy, climbing bittersweet, wild grape, mile-a-minute vine and
other noxious or invasive vines or weeds identified in the Invasive
Plant Atlas of the United States. Property owners must request a permit,
which will require an on-site inspection, from the Building Inspector
prior to removal of noxious or invasive species.
B.
Clearing regulations and process for developed properties.
(1)
Allowable clearing.
(a)
In no case shall clearing exceed the following table except
for properties that can show preexisting clearing beyond what is specified
below. Preexisting conditions should exist before July 1990, or properties
may have preexisting clearing based on total maximum clearing percentages
permitted prior to June 16, 2021. The burden is on the applicant to
prove preexisting clearing. The applicant should consult with the
Village about acceptable proof of preexisting clearing.
|
Total Lot Area
[square feet (acres)]
|
Total Maximum Clearing Permitted
|
|---|---|
|
1 to 11,000 (0 to 0.25)
|
85%
|
|
11,001 to 30,000 (0.26 to 0.69)
|
9,350 square feet or 60%, whichever is greater
|
|
30,001 to 60,000 (0.70 to 1.38)
|
18,000 square feet or 50%, whichever is greater
|
|
60,001 to 90,000 (1.39 to 2.07)
|
30,000 square feet or 35%, whichever is greater
|
|
90,001 to 120,000 (2.08 to 2.75)
|
31,500 square feet or 30%, whichever is greater
|
|
120,001 to 160,000 (2.76 to 3.67)
|
36,000 square feet or 25%, whichever is greater
|
|
160,001 to 280,000 (3.68 to 6.43)
|
40,000 square feet or 20%, whichever is greater
|
|
Greater than 280,000 (>6.43)
|
56,000 square feet or 20%, whichever is greater, not to exceed
80,000 square feet
|
|
Note: Requests for greater than 80,000 square feet can be submitted
by exception, with an application to the Village Zoning Board of Appeals.
| |
(b)
In calculating the amount of clearing permitted by this subsection
on a flag lot or a lot which is burdened by a common driveway easement
or access easement, the area of any flag strip or any common driveway
easement or access easement shall be excluded from lot area. Likewise,
any clearing for driveway purposes within the flag strip or within
the common driveway easement or access easement shall not be counted
into the permissible amount of clearing.
(c)
For houses with I/A OWTS waste treatment systems using pressurized
shallow drain fields, the area of the drain field shall be excluded
from lot area for the purpose of calculating allowable clearing.
(2)
No permit shall be required under this chapter for removal of trees not specified in Subsection D(1) or trees listed by the NYS Department of Transportation as invasive species; and invasive or noxious vines including but not limited to poison ivy, climbing bittersweet, wild grape, and mile-a-minute vine. In addition, these regulations shall not apply to landscaping or planting within areas that consist of established cleared/landscaped areas as defined by Subsection B(1) or by preexisting cleared conditions verified by way of a survey, or any other evidence that establishes preexisting clearing limits.
(3)
Homeowners may clear in previously uncleared areas without a permit
but must revegetate an equivalent area of cleared property, using
shrubs and trees included on the North Haven Village list of approved
landscaping species, within six months of the removal of any vegetation,
subject to a site inspection by the Building Inspector to verify compliance.
(4)
On all lots that front freshwater wetlands, tidal wetlands or coastal
fresh marshes, ponds, creeks or streams, clearing shall be prohibited
within 75 feet landward of the landward edge of said wetlands, and
on all lots that contain or front a bluff facing Shelter Island Sound,
Noyac Bay or Sag Harbor Cove, no clearing shall be permitted within
75 feet landward of the crest of the bluff. Relief from this prohibition
may be requested by applying to the Planning Board.
(5)
It is the responsibility of the property owner to maintain the clearing percentages specified in Subsection B or the verified preexisting conditions. The homeowner must demonstrate compliance to these limits with a current survey. If a current survey does not verify compliance to the limits specified in Subsection B, the homeowner will not be able to obtain a valid certificate of occupancy for the property and any certificate of occupancy issued shall note this violation of Village Code.
(6)
Naturalized buffer.
(a)
For property that contains legally preexisting cleared lands within the setbacks prescribed in § 163-20C, the Planning Board, in conjunction with a building permit application, will require revegetation within the required seventy-five-foot bluff setback and/or the seventy-five-foot wetland setback for the intended purposes of establishing a naturalized buffer. The depth or width of the naturalized buffer shall be commensurate with the potential impacts caused by the proposed project and the availability of land area to support such a naturalized buffer.
(b)
In conjunction with a building permit application, the Planning
Board shall have authority to grant relief from the bluff and wetland/coastal
setback requirements, provided that any such application shall be
heard at a public hearing and applicant shall bear the burden of establishing:
(7)
In no event shall clearing specifically attributable to complying with the width and turnaround provision for dead-end fire apparatus access roads as provided in Section 103 of Appendix D of the Fire Code of New York State and the 2015 International Fire Code be included as lot area in the calculation of total maximum clearing permitted under Subsection B of this section.
(8)
Landscape irrigation, whether from permanent or temporary systems, shall also be confined to the areas cleared in conformance with and under the authority of § 163-20, except that temporary irrigation incident to a revegetation plan approved by the Building Inspector or Planning Board shall be permitted subject to permit conditions.
C.
Clearing regulations and process in conjunction with a building permit
application. When an applicant is applying for a building permit:
(1)
The building permit application shall be accompanied by a survey, at a scale of not less than one inch equals 40 feet, which clearly delineates all mature trees as defined in Subsection D and the edges of the existing and proposed limits of clearing and revegetation, along with calculations of the areas to be cleared to demonstrate conformance to the requirements of § 163-20B, or to the property's legally preexisting clearing limits. The survey shall also illustrate the location of all easements, buffer zones and restricted areas contained on the lot proposed for clearing.
(2)
The building permit application shall be accompanied by a statement
signed by the property owner that no vegetation outside of the areas
delineated on the survey shall be disturbed, cleared, trimmed, or
thinned without further review and approval by the Building Inspector
or the Planning Board when Planning Board approval is required.
(3)
Where deemed necessary or appropriate, the Building Inspector may
attach reasonable conditions to the building permit to ensure compliance
with the clearing limitations established herein (for example, installation
of project-limiting temporary fencing, surveying and staking of clearing
limit, etc.).
(4)
When the planned work specified by the building permit requires new clearing and revegetation in excess of the areas contained in § 163-20B, approval for a clearing and revegetation plan shall be required by the Building Inspector or Planning Board. The building permit may be issued based on the approved areas to be cleared and revegetate as noted on the survey. A detailed revegetation plan showing plant species and location is required prior to the issuance of a building permit. A certificate of compliance or certificate of occupancy will not be issued until an updated survey indicating the limit of clearing is provided to the Building Department and confirmed in the field by the Building Inspector.
(5)
For the development of a parcel within a residential subdivision
approved by the Building Inspector or Planning Board after the adoption
of this chapter, the extent of disturbance of natural vegetation shall
not exceed the total maximum clearing permitted for the minimum required
lot area of the zoning district in which the tract lies.
(6)
Where an applicant has agreed to utilize the provisions of Article III, Clustered Zoning, of this chapter, the Planning Board may, at its discretion, modify the provisions of this subsection to allow the creation of adequately sized building envelopes for the lots created pursuant to the approval of the subdivision.
(7)
When clearing is proposed on a lot which already contains preexisting nonconforming clearing, the Building Inspector or Planning Board shall have the power to review and approve plans for additional clearing where, as a condition of said clearing, a vegetation plan is submitted and approved demonstrating how the lot shall be revegetated to its preexisting nonconforming condition by revegetating existing cleared areas with plant materials consistent with the intent of § 163-20. Where deemed appropriate, the Building Inspector may attach reasonable conditions to the issuance of the approval so as to ensure compliance with § 163-20.
D.
Permit for removing mature trees.
(1)
Except for species identified as invasive by the NYS Department of
Transportation, no native tree with a caliper of 19 inches or greater
at a height of 4.5 feet above ground level or American holly or cedar
with a caliper above 10 inches at a height of 4.5 feet above ground
level may be removed without a tree removal permit issued by the Building
Inspector. Tree work conducted by or for a state-regulated public
utility shall be exempt.
(2)
A permit to remove a mature tree shall be granted only if in the
reasonable opinion of the Building Inspector or an arborist certified
by the International Society of Arboriculture:
E.
Violations and penalties; violations related to clearing developed
and undeveloped properties.
(1)
Enforcement.
(a)
Notice of violation. Whenever the Code Enforcement Officer or
Building Inspector determines that there has been a violation or that
there are reasonable grounds to believe that there has been a violation
of any provision of this section, notice shall be given of such violation
or alleged violation to the entity, person or persons responsible
for such violation. Such notice shall be in writing and shall specify
the violation and shall provide a reasonable time, not less than 10
days nor more than 60 days, for compliance and shall be served upon
the owner, agent, operator or occupant, as the case may require. Such
notice shall be deemed to be properly served if it is served upon
the individual or entity personally or if a copy thereof is sent by
certified mail to the last known address of such person as appears
on the assessment rolls of the Incorporated Village of North Haven
and a copy is posted in a conspicuous place in or about the premises
affected by the notice. Such notice may contain an outline of remedial
action which, if taken, will effect compliance with the provisions
of this section.
(b)
Power to act in emergencies. Whenever the Code Enforcement Officer
or Building Inspector finds a violation of this section which, in
his or her opinion, requires immediate action to abate a direct hazard
or immediate danger to the health or safety of the residents of the
Village or occupants of the property, or the public at large, the
officer may, without prior notice, issue an order citing the violation
and directing that such action be taken as is necessary to remove
or abate the hazard or danger. Notwithstanding any provision of this
chapter, such an order shall be effective upon service and shall be
complied with immediately.
(c)
Reinspection. At the end of the period specified in the notice
of violation or any extension thereof, it shall be the duty of the
Code Enforcement Officer or Building Inspector to make or cause to
be made a reinspection of the premises and, if compliance has not
been established, appropriate legal action shall be instituted.
(2)
Penalties for offenses.
(a)
The owners of property where violations of this section occur, except Subsections B(1), (4), and (6) and D, shall be guilty of a violation and shall be fined not more than $1,000 and/or be imprisoned for a period not exceeding 15 days. A separate offense shall be deemed to have been committed upon each day during, or on which, a violation occurs or continues.
(b)
Any person found guilty of violating Subsection B(1), (4) and/or (6) shall be guilty of an unclassified misdemeanor; and fined $2,500 for each day the violation remains or continues and/or imprisoned for not more than 90 days. Any person guilty of violating Subsection D shall be fined $2,500 for each tree removed; also, any building permit in effect for the property will be suspended for 90 days; in addition, each tree must be replaced with one from the North Haven Village list of recommended species with a minimum caliper of eight inches at 4.5 feet above ground level.
(3)
In addition to any other penalty provided in this section, any person
convicted of committing an offense against a provision of this section
shall be liable for any expenses incurred by the Village in the elimination
of the violation.
[1]
Editor's Note: This local law also provided
for the redesignating of former § 163-20, Minimum livable
non-ground-floor area per dwelling, as amended, as § 163-19B.
[Amended 8-4-1986 by L.L. No. 7-1986; 9-4-2018 by L.L. No. 1-2018; 12-23-2019 by L.L. No. 5-2019]
A.
No building shall exceed 2 1/2 stories in height in an R-1 District and 2 1/2 stories in height in an R-2 District. No building shall exceed 35 feet in height in an R-1 District and 35 feet in height in an R-2 District. Any provision in this section or in § 163-25I to the contrary notwithstanding, the maximum height of any low slope roof shall be 23 feet if the lot area is 20,000 square feet or less, 26 feet if the lot area is greater than 20,000 square feet and less than 40,000 square feet and 28 feet if the lot area exceeds 40,000 square feet. A low slope roof is any roof with a seven and twelve-inch slope or less.
B.
Any provision in this section or in § 163-25I to the contrary notwithstanding, the maximum height of any gable roof shall be 30 feet if the lot area is 20,000 square feet or less, 32 feet if the lot area is greater than 20,000 square feet and less than 40,000 square feet and 35 feet if the lot area exceeds 40,000 square feet.
C.
The height is defined as the vertical distance measured from the
average elevation of the existing natural grade (before any fill has
been or is proposed to be placed thereon), as established on a plan
prepared by a licensed professional surveyor, at and along the side
of the building or structure fronting the nearest street to the highest
point of the highest roof or, in the case of structure, to the highest
point.
D.
Any provision in this section or in § 163-25I to the contrary notwithstanding, all building and structures, including railings and other accessory structures, except chimneys, must remain inside the sky plane of the lot. Railings must be transparent in nature. The sky plane is defined as an angle of 45º that shall begin at the property lines at the average elevation of the existing natural grade adjacent to the front and side walls of the building or structure and extend to the building or structure.
E.
No terrace, roof deck, balcony or other outdoor living space shall
be located above the floor of the second story of any dwelling.
