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