§ 40-6. Planning Board authorization under Village Law § 7-738, for particular property.

A. 

Purpose.

(1) 

The Incorporated Village of Upper Brookville is concerned with protecting the environment, particularly the Special Groundwater Protection Area, and the preservation of the natural and scenic qualities of available open and undeveloped land. To this purpose, the Village hereby empowers the Planning Board under § 7-738 of the Village Law of the State of New York to modify applicable provisions of the Village's Zoning regulations for the purpose of approving development design that preserves the natural and scenic qualities of open space. Flexibility of development design of land can be the most effective way to preserve open space, while allowing for development of land in the Village, all without increased residential density.

(2) 

The Oaks at Mill River, LLC, owner of a parcel of land of 97.16 acres situated on the west side of Mill River Road, designated as Section 24, Block E, Lots 6, 11, 12A, 12B, 12C, 16, 25, and 1060 on the Nassau County Land and Tax Map ("the premises"), applied to the Planning Board to subdivide its property. The Planning Board, as part of its requirement that a draft environmental impact statement (DEIS) be prepared for the project, has determined that due to the steep slopes, natural water collection areas, and other natural characteristics of the premises and its surroundings that conventional subdivision of the premises would result in: a) the undesirable destruction of native woodland and precious animal habitat; b) over cutting and filling of land which would produce undesirable and excessive traffic, dust, noise and hazards during construction; and c) the creation of undesirable and harmful drainage, erosion and hazardous runoff conditions, all to the detriment to the residents of the Village and the surrounding areas. The potential detrimental consequences of these adverse and undesirable conditions resulting from a conventional subdivision provide sufficient reason to authorize the Planning Board to require the owner of the premises to utilize procedures allowed by § 7-738 of the Village Law as conditioned herein. The Board of Trustees and Planning Board have also determined that the procedures under § 7-738 of the Village Law would permit consideration and implementation of flexible land utilization and design concepts, which will enable the use of beneficial planning, design and development techniques in order to preserve the natural and unique attributes of the premises in harmony with the Village's Zoning Regulations and Comprehensive Plan, all in compliance with the density requirements of the Village's Zoning Code.

Editor's Note: See Ch. 205, Zoning.

B. 

Planning Board authorization.

(1) 

The Board of Trustees of the Incorporated Village of Upper Brookville, pursuant to § 7-738 of the Village Law of the State of New York, authorizes the Village Planning Board simultaneously with its approval of a subdivision application to modify applicable provisions of the Zoning Code as permitted by § 7-738 of the Village Law for the below-designated premises, subject to the conditions set forth herein.

(2) 

The authorization granted in Subsection B(1) above shall include the power to:

(a) 

Require the owner of the premises to develop the premises as permitted by § 7-738 of the Village Law having any of the following criteria: steep slopes, freshwater wetlands, native woodland, animal habitat and other environmentally sensitive characteristics in order to prevent the destruction thereof on and adjacent to the premises in order to protect the environment; and

(b) 

Modify dimensional zoning requirements, including lot area, building volume, building height, setback, land coverage, lot dimensions, street frontage, etc., subject to the following limitations:

[1] 

All lots and structures shall be subject to and developed only for the establishment of a single-family detached dwelling and customary accessory uses and in a manner not less restrictive than the area, yard, dimensional (except frontage) and bulk requirements of § 205-10, Subsections D and E, of the Code of the Village of Upper Brookville applicable to the R-1 (two-acre) Residence District.

[2] 

The authorization under this section, shall apply only to lands located and designated as Section 24, Block E, Lots 6, 11, 12A, 12B, 12C, 16, 25, and 1060, as shown on the Nassau County Land and Tax Map which are located in the Village's OP-1 (five-acre) District, provided that the Planning Board, in its sole judgment and discretion, determines that conservation or open space subdivision development is the most appropriate alternative as herein provided.

(3) 

The Planning Board is not authorized by this section to approve an increase in the number of dwelling units or the change or intensity in the use of land from that which would be permitted if the premises were subdivided, for conventional development in the Planning Board's judgment, in conformity with the Subdivision Rules and Regulations and the Zoning Code.

Editor's Note: See Ch. 180, Subdivision of Land.

Editor's Note: See Ch. 205, Zoning.

(4) 

In its approval of the subdivision application under this section, the Planning Board shall:

(a) 

Establish such conditions and requirements for the premises for the development of individual lots and for the ownership, use and maintenance of open land ("conservation area") as it deems necessary to insure the preservation of such land for its intended purpose as permitted by § 247 of the General Municipal Law and Article 49, Title 3, of the Environmental Conservation Law. It is hereby required that such conditions as to any conservation area be approved by the Board of Trustees before the plat may be approved for filing.

(b) 

Have the power to approve, disapprove or modify site plans and the exterior architectural design, materials, construction and appearance of all structures and their location, subject to the limitations in Subsection B(2) above, to insure that all structures are compatible with the character of the Village and will not have an adverse affect on neighboring properties.

(c) 

Be authorized to negotiate and require an agreement with the owner of the premises in regard to the protection and restoration of Village infrastructure relating to the project, which agreement shall be subject to the approval of the Board of Trustees.

(d) 

Be authorized to utilize the services of planning consultants, engineers, architects, attorneys and such other outside consultants as that Board deems necessary in order to provide the necessary expertise in review of such conservation or open space development plan and to require the owner of the premises to pay the reasonable cost of same.

Added 12-18-2012 by L.L. No. 4-2012