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HomeMy WebLinkAbout1973 Amendment NOTICE OF AMENDMENTS TO TOWN ORDINANCE AMENDMENT NO. 96 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk,County, New York, held on the 29th day of May, 1973 , the Town Board enacted the following amendments to the Town ordinance entitled "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone Map forming a part thereof as follows to wit: I . By amending Article III , Section 300B by repealing subdivision 14 thereof. II. By. amending Article III , Section 300C by adding a new subdivision thereto .to be subdivision 7 to read as follows: 7. Yard sales, attic sales, garage sales, auction sales or similar type sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements : ,. (a) Not more than one such sale shall be conducted on any lot in any one calendar year. (b) Adequate supervised parking facilities shall be ' provided. (c) No signs, except one on-premises sign not large than 3 feet by 4 feet in size, displayed for a period of not longer than one week immediately prior to the day of such sale, shall be permitted. (d) That a permit be obtained therefor from the Building Inspector upon the payment of a fee of $15. 00 III . By .amending Article III , Section 300C, subdivision 5 to read as follows : �. Horses and domestic animals other than household pets shall not be housed within 50 feet of any lot line. Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of q»y line. I Legal Notice Page 2 IV. By amending Article III , Section 303 , to read as followsi. SECTION 303 - ESTABLISHED FRONT YARD SETBACK - Where property in the vicinity is improved with permanent dwelling!; with a front yard area of less than that required by the provisions of this ordinance, the front yard setback shall be the average setback of the existing dwellings within 300 feet of the proposed dwelling, on the same side of the stree , within the same block, and the same use district. V. By amending Article III , Section 305 subdivision (a) to read as follows : . (a) When located in the front yard, along front yard property line, the same shall not exceed four (4) feet in height. VI . By amending Article III , Section 305 by repealing subdivision (d) thereof. VII . By amending Article III by adding a new section thereto, to be Section 306 to read as follows : SECTION 306 - SUBSTANDARD LOTS - in the "A" District, in the case of a lot held in single and separate ownership on the effective date of this ordinance and thereafter with an area and/or width of less than the requirements of this ordinance, a single family dwelling may be constructed thereon with side yard requirements reduced by 25% , provided that all other yard requirements are complied with. VIII . By amending Article VI , Section 602 , subdivision 7 to read as follows : 7. Parking shall be provided in offstreet paved. parking areas which shall provide for one (1) parking space, three hundred fifty (350) square feet in area, for each one hundrea (100) square feet of sales area or office floor area in each building. Legal Notice Page 3 IX. By amending Article XIV by adding a new section, to be ' I section 1402 to read as follows: SECTION 1402 - CLUSTER DEVELOPMENT - The Planning Board may approve Cluster Developments for one-family detached dwellings in an A Residential and Agricultural District according to the procedure and requirements specified below. The purpose of such development is to provide flexibility in the design and development of land in such a way as to promote the most appropriate use of land to facilitate the adequate and econ6Aical provision of streets and utilities and to preserve the natural and scenic, qualities of open space. 1. The maximum number of single-family lots that may be approved in a Cluster Development shall be computed by subtracting from the total gross area a fixed percentage of 20% of said area, and dividing the remaining 80% of the area by 40, 000 square feet. (a) In computing the maximum number of lots -- that may be created, any lands which are subject to flooding or which are occupied by public utility easements in such a manner as to prevent their use and development, shall not be considered part of the total gross area. In a Cluster Development, lot area, width, depth, front yard, rear yard, and side yards shall not be reduced by more than 50% of the minimum requirements set forth in the Bulk and Parking Schedule. 2 . The area of a Cluster Development shall be in single ownership or under unified control. • 3 . Prior to the issuance of a building permit in a Cluster Development a Site Plan shall be submitted to and approved by the Planning Board in accordance with Article XIV of this ordinance and the following conditions: Legal Notice Page 4 (a) Said Site Plan shall include areas within i which structures may be located, the height and spacing Of buildings, open space and their landscaping, off-street open and enclosed (if any) parking spaces, and streets, driveways, and any other physical features relevant to the Proposed plan, and (b) Said Site Plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions, and 4 . Nothing contained in this ordinance shall reliev the owner or his agent, or the developer of a proposed Cluster Development from receiving Subdivision Plat Approval in accordance with the Town Subdivision Regulations. In approving the Final Plat for a Cluster Development the Planning Board may modify the acreage requirement for recreation areas as set forth in the Town,' s rules governing subdivision review provided that the common land dedicated meets all other requirements of the Town Subdivision Regulations. 5. A Cluster Development shall be organized as one of the following: (1) A Homes' Association approved by the Federal Housing Administration for mortgage insurance as a "Planned-Unit Development" , and the Town Board; or (2) A Homes Association approved by the Town Attorney and Town Board; or (3) Any other arrangements approved by the Town Attorney and Town Board as satisfying the intent of this ordinance. Whenever a Homes Association is proposed, the Town Board shall retain the right to review and approve the articles of incorporation and charter of. said Homes Association, and to require whatever conditions deemed 1 Legal Notice Page 5 necessary to insure that the intent and purpose of this ordinance is carried out. In consideration of said approval, the Town Board shall, in part, require the Cluster Development to meet the following conditions: (a) The Homes Association shall be established as an incorporated non-profit organization operating under recorded land agreements through which each lot owner (and any succeeding owner) is automatically a member, and each lot is automatically subject to d charge for a proportionate share of the expenses for the organization' s activities. (b) Title to all common property shall be placed in the Homes Association, or definite and acceptable assurance shall be given that if automatically will be so ' placed within a reasonable period of time. (c) Each lot owner shall have equal voting rights in the Association and shall have the right to the use and enjoyment of the common property. (d) once established, all responsibility for operation and maintenance, of the common land and facilities shall lie with the Homes Association. (e) Dedication of all common areas shall be recorded directly on the subdivision Plat, or by reference on the Plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall : (i) Save the title to the common property to the Homes Association free of any cloud of implied public dedication; and (ii) Commit the developer to convey the areas to the Homes Association at an approved times; and Grant easement of enjoyment over the I Legal Notice Page 6 area to the lot owners; and i (iv) Give to the Homes Association the right to borrow for improvements upon the security of the common areas; and (v) Give to it the right to suspend membership rights for non-payment of assessments or infraction of published rules. 6 . Covenants shall be established, limiting all lots to one-family use and all corm--non lands to open space us0s No structures may be erected on such common lands except as shown on the approved Site Plan. 7 . Each deed to each lot sold shall include by reference all recorded declarations and other restrictions (including assessments and the provision for liens for non-payment of such) 8 . The Homes Association shall be perpetual; shall purchase insurance; pay taxes; specify in its charter and by-laws an annual homeowner ' s fee; provision for assessments and provide that all such charges become a lien on each property in favor of said Association. The Association shal have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have t: e right to commence action against any member for the collection of any unpaid assessment in an court of competent jurisdiction. 9 . The developer shall assume all responsibilities as previously outlined for the Homes Association until a majority of the dwelling sites are sold at which time the Homes Association shall be automatically established . i .. _ Al) _ Legal Notice Page 7 10. Prior to Site Plan approval the developer shal `- file with the Town Board a performance bond to insure the proper installation of all required improvements , and a maintenance bond to insure the proper maintenance of all common lands until the Homes Association is established. The amount and term of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execution, and surety shall be approved by the Town Board. X. By amending the Bulk and Parking Schedule of said ordinance applicable to ="A" Residential Districts by repealing columns B in said schedule. XI. By amending the Bulk and Parking Schedule of said ordinance by increasing the lot width applicable to single family dwellings in the , "A" Residential Districts from 135 feet to 150 feet. _.. Dated: May 30 , 1973 • SOUTHOLD TOWN BOARD PLEASE PUBLISH ONCE, June 7 , 1973 , AND FORWARD THREE (3) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN BOARD, 16 SOUTH STREET, GREENPORT, NEW YORK. Copies mailed to the following Qn May 30 , 1973 : The Suffolk Weekly Times The Long Island Traveler-Mattituck Watchman Village of Greenport Town of Shelter Island Village of Dering Harbor Town of Riverhead ' Town. of East Hampton Town of Southampton New York State Park Commission Suffolk County Planning Commission