Town of Somers, NY Article III Residence Districts

§ 170-9 Minimum lot areas.

[Amended 9-9-1978; 11-12-1981; 10-11-1990 by L.L. No. 3-1990; 6-12-1997 by L.L. No. 7-1997; 11-8-2007 by L.L. No. 10-2007]

The classification of residence districts and the minimum areas of the lots situated in said respective districts shall be as follows, with the further provision that each single-family lot created by subdivision shall comply with the requirements of §§ 170-58.3A and 170-58.4A:

A. Residence R120 District: 120,000 square feet.

B. Residence R80 District: 80,000 square feet.

C. Residence R40 District: 40,000 square feet.

D. Residence R10 District: 10,000 square feet.

E. Residence R80 and R40 Districts designed residential development permitted use, minimum area: 500 contiguous acres.

F. Multifamily Residence Baldwin Place MFR-BP District: 10 acres.

G. Multifamily Residence Hamlet MFR-H District: 10 acres.

§ 170-10 Principal uses.

In a residence district, no building, structure or premises, in whole or in part, shall be used and no building or structure, in whole or in part, shall be erected, enlarged, structurally altered or moved except for the following purposes or as herein elsewhere specifically provided, together with the accessory uses specified in § 170-11:

A. A one-family detached dwelling and the raising of fruit and garden crops primarily for the use of the lawful occupants thereof.

[Amended 4-29-1965]

B. On a site of not less than two acres any of the following or any combination thereof: a building for religious worship, parish house or building for religious education.

C. A farm or small farm subject to the limitations set forth in the definitions of "farm" and "farm, small" in § 170-3 of this chapter.

[Amended 4-29-1965]

D. Railroad rights-of-way and passenger stations, provided that there shall be no sale of services or goods at retail therein other than newspapers and periodicals.

E. Special exception uses enumerated in Article XII, subject to permits issued by the Board of Appeals as therein provided.

F. A designed residential development permitted use as set forth in § 170-12 of this chapter, subject to approval of the Town Board as provided therein.

[Added 9-9-1976]

G. Multifamily residence in multifamily residence districts only.

[Added 11-12-1981]

H. On a site of not less than 25 acres, reestablishment of office and warehouse use in a building constructed pursuant to a previously issued special exception use permit by the Board of Appeals, subject to the issuance of a special exception use permit by the Town Board in accordance with the procedures set forth in §§ 170-103, 170-104 and 170-105 of this chapter. Such special exception use permit may, in the discretion of the Town Board, authorize the addition of a showroom to the warehouse and office uses, provided such showroom is contained entirely within, and does not exceed 6% of, the existing building, and is used soley by the person or entity which owns or leases the warehouse portion of the building for the display of products sold or distributed by such person or entity. The requirement to secure site plan approval may be waived by the Town Board as part of its action on the application for special exception use permit approval.

[Added 9-14-2000 by L.L. No. 6-2000; amended 6-10-2004 by L.L. No. 9-2004]

§ 170-11 Accessory uses.

A. No accessory building shall be in any required front yard except as permitted in Section 68.04.[1] The height of accessory buildings other than barns shall not exceed 12 feet for flat roofs or 15 feet for pitched roofs measured to the midpoint of the slope thereof.

[1] Editor's Note: Original Section 68.04 of this Zoning Ordinance was repealed 4-29-1965.

B. The following uses, normally incident to the permitted principal uses set forth in § 170-10 above, are the only accessory uses permitted in the residence districts:

(1) On lots containing less than five acres, the raising of fruit and garden crops within the rear yard and side yards, except that fruit trees may also be raised within the front yard.

[Amended 4-29-1965]

(2) On any lot of not less than 10,000 square feet, in the rear yard only, a noncommercial greenhouse for personal use only, provided that it shall not exceed 2% of the lot area. If artificial light is used therein, it shall be so screened that the source of light and the area irradiated shall not be visible from outside the building.

(3) Animals.

[Amended 8-12-1976]

(a) The harboring of dogs and cats as household pets, provided that the total number of such pets above the age of six months shall not exceed three for each classification.

(b) On any lot of not less than 40,000 square feet, the harboring of small domestic animals which shall be limited to rabbits, pigeons, ducks, geese and chickens, but no mature cockerels, provided that the total number of such animals above the age of six months must not exceed six and that housing for such animals is provided and that all such housing is neat, well constructed and maintained and conforms to generally accepted housing standards for such domestic animals and is located in the rear or side yard, but must be located at least 25 feet from the closest property line, and that manure must be covered by at least two inches of soil or properly disposed of at least once a week.

(c) On any lot of not less than 80,000 square feet, the harboring of domestic animals which shall be limited to sheep and goats, provided that the total number of such animals above the age of six months must not exceed two and that the housing for such animals is provided and that all such housing is neat, well constructed and maintained and conforms to generally accepted housing standards for such animals and is located in the rear or side yard, but must be located at least 25 feet from the closest property line, and that all manure must be covered by at least two inches of soil or properly disposed of at least once a week.

(d) On any lot of not less than 120,000 square feet, the harboring of domestic animals which shall be limited to horses, donkeys, ponies, burros or mules, provided that the total number of such animals above the age of six months must not exceed two and that the housing for such animals is provided and that all such housing is neat, well constructed and maintained, conforms to generally accepted housing standards for such animals and is located in the rear or side yard, but must be located at least 25 feet from the closest property line, and that all exercise yards or pasture lands shall be fenced and that such fenced area is not less than 100 feet from any adjacent property residence and that in no case may such animals be permitted to wander unattended outside of such fenced-in areas and that manure must be covered by at least two inches of soil or properly disposed of at least once a week.

(4) The keeping of not more than four boarders or lodgers by the owner of the property actually residing thereon, provided that not more than two persons shall be permitted in each room.

[Amended 4-29-1965]

(5) A home occupation as defined in this chapter, and including a small professional plate or sign as provided in § 170-125A, provided further, that not more than one assistant other than the regular occupants of the premises shall be employed in any such professional office.

(6) Customary incidental home occupations conducted solely by persons residing on the premises, provided that:

(a) There is no outside display or any sign other than a name sign as provided in § 170-125A.

(b) Not more than 1/2 of the area of one floor of the dwelling unit is so used.

(c) Only customary household appliances and equipment are used.

(d) No persons other than the regular occupants of the premises are employed therein.

(7) Accessory private garage space for not more than one private passenger vehicle for each 10,000 square feet of lot area, except that garage space for two such private vehicles shall be permitted on any lot, and except that on farms under cultivation, not to exceed three commercial vehicles belonging to the owner or lessee of such lot may be kept in a fully enclosed structure, and except that, in connection with a home occupation, there may be permitted the storage of a commercial vehicle of not to exceed three-fourths-ton capacity, provided that it shall be kept in a fully enclosed structure when not in actual use. Such accessory garage space may be within, under, connected directly or by a breezeway to the principal building and, on lots of 10,000 square feet or more, may be separated from the principal building, but in any case space for not more than one private passenger vehicle may be leased to a nonresident of the premises.

(8) Other accessory structures, such as toolhouses, playhouses, pools, outdoor fireplaces, tennis courts, drying yards or housing for permitted animals, provided that they shall not be in any front yard or be nearer to any side or rear lot line than is specified in Columns 13 and 14 of the Schedule.[2]

[2] Editor's Note: The Schedule is included at the end of this chapter.

(9) Signs subject to the limitations in § 170-125.

§ 170-12 Designed residential development.

[Added 9-9-1976]

A. A designed residential development is a group of residential dwellings, detached, semidetached or attached, which dwellings are developed under unified sponsorship and control according to a general land use and development plan, which land use and development plan has been approved by the Town Board as being in accordance with this and all other applicable sections of this chapter. It is the intent and purpose of these regulations to permit the establishment of a designed residential development use where such use shall achieve the following objectives:

(1) The creative use of land so as to establish a more desirable living environment than would otherwise be possible through the strict application of other sections of this chapter.

(2) The preservation, enhancement and/or creation of water bodies, wetlands, major stands of trees, outstanding natural topography, significant geological features and other areas of scenic and ecological value and the prevention of soil erosion and minimization of potential pollution and flood hazards.

(3) An efficient use of the land so as to facilitate the adequate and economical provision and maintenance of streets and drainage facilities and to facilitate the establishment of central wastewater treatment and water supply systems as an integral part of large scale residential development consistent with the promotion of the public health, safety and welfare.

(4) Innovation, flexibility and variety in the type, design and layout of residential housing so as to permit greater variety and range in the choice of housing types, living environment, occupancy tenure and housing cost.

(5) The maximum provision of community, social, recreational, cultural and other service facilities as integral parts of newly constructed residential communities.

B. Eligibility requirements.

(1) Location. Designed residential development shall be permitted only in Residence R120, Residence R80 and R40 Districts.

[Amended 6-12-1997 by L.L. No. 7-1997]

(2) Minimum area. Each designed residential development shall comprise at least 500 acres of land having contiguity except for any dividing streets, public or private, on which such tract or any portion thereof may have frontage.

(3) Ownership. The land proposed for a designed residential development may be owned by one or more persons or corporations, but shall be presented as a single, contiguous parcel of land at the time application for designed residential development is made. The application shall be jointly filed by all owners and, if approved, shall be jointly binding on all of them.

C. Permitted uses. The permitted principal uses within a designed residential development shall be limited to those specified below. Permitted accessory uses shall be the same as those for all other properties in residence districts, as set forth in § 170-11 of this chapter. Separate special exception use permits are not required for any permitted use within a designed residential development if such use was shown on the approved general land use and development plan for the entire development; provided, however, that site development plan approval shall still be required.

(1) Single-family detached dwelling units.

(2) Single-family attached, including semidetached, and multifamily dwelling units in structures containing not more than six units each.

(3) Schools and other public facilities.

(4) Buildings for religious worship, parish house and/or buildings for religious education.

(5) Golf courses, swimming pools, tennis courts, riding stables and general recreational and athletic facilities intended primarily for the use of the residents of the designed residential development.

(6) Structures and facilities for arts and crafts and for cultural, community and social activities intended primarily for the use of residents of the designed residential development.

(7) Flower and nursery gardens, the raising of fruit and vegetable crops and the keeping of animals in a common area designated for such purpose on the general land use and development plan, when such activities are primarily for the enjoyment and/or use of residents of the designed residential development.

(8) Water supply, sewerage and other utility systems servicing the designed residential development.

(9) Storage and maintenance structures and areas for materials and equipment for the proper upkeep of the designed residential development.

(10) Temporary construction facilities, model areas and marketing pavilions needed during the course of constructing and marketing the designed residential development. These facilities must conform to setback requirements of this section.

D. Development standards and controls. All improvements within designed residential developments shall be required to comply with the following specified standards and controls in lieu of those comparable requirements for other residential developments which are specified elsewhere in this chapter, in the land subdivision regulations, and in the Standard Specifications for Subdivision Road Construction,[1] except that the Town Board may establish an open development area in accordance with § 280-a of the Town Law where such is determined to be appropriate by the Town Board:

(1) Development density. In reflection of the ecological, aesthetic, economic and social benefits which may accrue to the community from a designed residential development, as compared to a conventional development, and for the purpose of encouraging unified development of large land holdings within the Town and the commitment of the necessary additional financial investment in planning, engineering and construction necessary to properly design and implement such a development, the following maximum permitted development densities, which in some cases may be in excess of those normally permitted, are hereby established for designed residential developments:

(a) Density units. Because of the fact that traffic, water supply, wastewater disposal, solid waste disposal and other types of demands placed upon community resources and facilities are related more to numbers of people than numbers of dwelling units, and since population varies for different sizes and types of residential dwelling units, the density unit, rather than the dwelling unit, is hereby established as the basic measure of development density within designed residential developments. A "density unit" is defined as being equal to one or a combination of the following permitted dwelling units:

[1] One single-family detached dwelling unit or one dwelling unit containing four or more bedrooms in any other permitted type of dwelling.

[2] One and five-tenths single-family attached or detached dwelling units containing three bedrooms each, provided that such dwelling units are subject to agreements, covenants and/or other permanent restrictions of record which effectively act to preclude the owners of such units from making alterations or additions which would increase such number of bedrooms.

[3] Two single-family attached or detached dwelling units containing two bedrooms each, provided that such dwelling units are subject to agreements, covenants and/or other permanent restrictions of record which effectively act to preclude the owners of such units from making alterations or additions which would increase such number of bedrooms.

[4] Two and five-tenths single-family attached or detached dwellings containing one bedroom or less each, provided that such dwelling units are subject to agreements, covenants and/or other permanent restrictions of record which effectively act to preclude the owners of such units from making alterations or additions which would increase such number of bedrooms.

For the purpose of this chapter, the Building Inspector, based upon the Planning Board's report submitted in accordance with Subsection E(9)(b) of this section, shall be responsible for determining the number of bedrooms in each dwelling unit in connection with its review of site development plans.

(b) Density formula.

[1] The maximum permitted number of density units in designed residential developments approved prior to the effective date of this section shall be determined in accordance with the following formula:

	Residence District	Maximum Density Units per Acre
	R80 District	1
	R40 District	2

[2] The maximum permitted number of density units in any other designed residential developments shall be equal to the number of one-family detached dwellings which, in the Town Board's judgment, could otherwise be built in the residence district or districts in which the proposed development is situated if the land were conventionally subdivided into lots conforming to all normally applicable requirements of the Zoning Ordinance, the land subdivision regulations, the Westchester County Health Department regulations and all other applicable requirements, except that the Town Board may, where in the Town Board's judgment particular social, cultural, environmental, physical or economic needs of the community are to be served or substantial benefits are to be derived, increase the permitted density up to 10%.

(2) Open space and recreation areas. At least 1/3 of the gross acreage of any designed residential development shall be composed of land which is used for recreational purposes and/or preserved as natural open space. Such land and any improvements thereon shall be owned or controlled jointly by all property owners within the development. Such areas shall encompass land having meaningful ecological, aesthetic and recreational characteristics with access, shape, dimensions, location, topography and nature and extent of improvements suitable, in the opinion of the Town Board, for the intended purposes. Permanent preservation and maintenance of such areas shall be assured by means of the filing of covenants and restrictions, negative easements and/or scenic easements on the land and by the formation and incorporation of a property owners' association which shall be required to maintain such open space and recreation areas. Such association shall be empowered to levy assessments against property owners to defray the cost of maintenance and to acquire liens, where necessary, against property owners for unpaid charges or assessments. In the event that the property owners' association fails to perform the necessary maintenance operations, the Town of Somers shall be authorized to enter upon such premises for the purpose of performing such operations and to assess the cost of so doing equally among all affected property owners.

(3) Road standards.

[Amended 5-12-1983]

(a) The following three types of roads shall be permitted within designed residential developments: Class A, Class B and Class C roads built in accordance with the requirements of the Town land subdivision regulations and the Standard Specifications for Subdivision Road Construction.[2]

[2] Editor's Note: See Ch. 150, Subdivision of Land, and Ch. A174, Subdivision Road Construction Specifications.

(b) The Planning Board may, when reviewing site development plans, adjust the road standards where it determines that such adjustment would be appropriate in relation to the particular situation involved and where the basic intent and purpose of these standards will be satisfied.

(c) Only Class A roads may be offered for dedication as a public highway to the Town of Somers. Suitable legal agreements shall be required which permanently assure proper maintenance of all Class B and Class C roads by property owners' associations.

(4) Buildings and setbacks. In lieu of the lot size, lot coverage, yard, building separation and height requirements of § 170-7 of this chapter, the following building and setback standards shall apply within designed residential developments:

(a) No structure within a designed residential development shall exceed three stories or 35 feet in height, whichever is more restrictive, except as provided in § 170-47 of this chapter.

(b) Setbacks of all structures, with the exception of underground utilities, shall conform to the following requirements:

Minimum Required Setback From
Type of Structure	Outside Perimeter of Entire Development (feet)	Edge of Class A Road Right-of-Way (feet)	Center Line of Class B Road (feet)
Single-family detached dwelling unit	50	40	30
Other principal structures	60	40	30
Accessory structures	30	20	20

(c) The minimum distance between adjacent buildings shall be equal to at least 1/2 the height of the higher building, but in no case less than 10 feet.

(d) Where determined necessary by the Planning Board when reviewing site development plans, buffer landscaping of adequate size, type and spacing may be required to effectively screen buildings within the designed residential development from neighboring residential properties.

(e) Water supply facilities, tanks and/or towers, wastewater treatment facilities and public utility stations and buildings shall be in such location so as to be separated from the outside perimeter of the entire development by adequate topographical and/or landscaped buffering. In addition, any wastewater treatment facilities shall be no less than 300 feet from such outside perimeter, except where agreements, covenants and/or other permanent restrictions of record permitting lesser setbacks are obtained from the adjoining landowner or -owners and where the Planning Board approves.

(5) Off-street parking requirements.

(a) Number required. The minimum number of off-street parking spaces to be provided for each permitted use within the designed residential development shall be as follows:

[Amended 5-9-2002 by L.L. No. 4-2002]

	Kind of Use	Required Parking Spaces
	Single-family detached dwelling unit	2
	Any other type of dwelling unit	1 1/3, plus 1/3 per bedroom
	Place of worship	1 for each 5 seats
	Schools and other public buildings	1 for each 5 auditorium seats, plus 1 for each 2 employees
	Private golf and country club	10 per hole
	Swimming pools, tennis and other general recreation and athletic facilities	1 for each 10 dwelling units within the designed residential development to be served by the facility or 1 for each 3 persons the facility is designed to accommodate, whichever unit of measure is most appropriate to the customary use thereof, as determined by the Planning Board when reviewing site development plans
	Clubhouses, lodges, community houses, arts and crafts facilities and meeting facilities for service organizations	1 for each 10 dwelling units within the designed  residential development to be served by the facility or each 5 permanent seats, or 150 square feet of floor area, whichever unit of measure is most appropriate to the customary use thereof, as determined by the Planning Board when reviewing site development plans
	Storage and maintenance structures and areas	As determined by the Planning Board when reviewing site development plans

(b) Joint use. Joint use of parking spaces by two or more adjacent facilities may be permitted, when approved by the Planning Board, upon a determination that the parking capacity to be provided will meet the intent of the requirements by reason of variation in the probable time of maximum use by users and staff of such facilities.

(c) Location of parking along roads. Parallel parking may be permitted along a Class B road, and both angled and parallel parking may be permitted along Class C roads, but only in locations determined appropriate and approved by the Planning Board when reviewing site development plans. No parking shall be permitted along any Class A road.

(d) Enclosure of spaces. At least 1/3 but no more than 2/3 of the minimum number of parking spaces required to serve residential dwelling units shall be enclosed within carports, separate garage structures or basement garages.

(e) Internal landscaping. In off-street parking areas containing 25 or more parking spaces, at least 10% of the total parking area shall be curbed and landscaped with appropriate trees, shrubs and other plant materials as determined necessary by the Planning Board to assure the establishment of a safe, convenient and attractive parking facility.

(6) Utilities.

(a) In order to achieve greater safety and improved appearance, all water, sewer and gas lines and all electric, telephone and other wires and equipment for providing power and/or communication shall be installed underground in the manner prescribed by regulations of the agency, department and/or utility company having jurisdiction.

(b) Where, in the opinion of the Planning Board, connections to existing facilities are possible and warranted, sanitary sewers and/or water mains and fire hydrants to be installed in a designed residential development shall be connected to such existing facilities in the manner prescribed by the regulations of the appropriate sewer, water or fire district or other agency having jurisdiction.

(c) Where connection to existing off-site public water or sewerage facilities is not possible or not warranted, public water and sewer districts shall be established to serve all dwelling units within the designed residential development in accordance with the standards and subject to the approval of the governmental agency(ies) or department(s) having jurisdiction.

(d) Where part or all of a designed residential development is to be located within an area or drainage basin planned for future service by public water and/or sewerage systems or recommended for such a system and/or systems within current comprehensive water supply and sewerage studies prepared for Westchester County or the Town of Somers, any water or sewer facilities within the designed residential development shall be designed and located in such a way as to readily permit their connection and integration into such systems at such time as they are constructed.

[1] Editor's Note: See Ch. 150, Subdivision of Land, and Ch. A174, Subdivision Road Construction Specifications.

E. Application procedure. The application procedure for approval of a designed residential development shall involve a five-stage process: application to the Town Board and referral by the Town Board to the Planning Board; Planning Board review and report to the Town Board; Town Board public hearing and decision on the general land use and development plan; Planning Board public hearing and decision on any subdivision of land within the designed residential development; and Planning Board public hearing and decision on the site development plan for each section of the designed residential development.

(1) Application requirements. Designed residential development applications shall be submitted in 10 copies to the Town Board and shall include the following:

(a) The name and address of the applicant, property owner(s), if other than the applicant, and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project. Where the applicant or owner is a corporation, the application shall include the names and addresses of all officers, directors and principal stockholders of said corporation. Written authorization from the owner(s) to submit the application shall be required where the applicant is not the owner of the affected property.

(b) A written statement describing the nature of the proposed designed residential development and how it will serve to implement the intent and purpose for such developments, as set forth in this chapter.

(c) The proposed general land use and development plan at a scale of not less than one inch equals 200 feet and indicating the following:

[1] Terrain conditions on the property, to include topographic data with a maximum contour interval of 10 feet, an indication of generalized soil types and the location of existing watercourses, wetlands, wooded areas, major rock outcroppings and other significant existing features.

[2] The proposed spatial arrangement of land uses, including the location, nature and general extent of areas to be developed with residential dwelling units, by type; public, community and/or recreational facilities; utility service and maintenance facilities; and areas to be preserved as natural open space.

[3] The general configuration of the road system planned to serve the designed residential development.

[4] The total gross acreage encompassed by the designed residential development and approximate acreage to be occupied by each type of permitted use, the total number of dwelling units proposed for inclusion within the development and the proposed breakdown of these units according to size.

[5] A statement of the proposed method of ownership and maintenance of the designed residential development.

[6] A generalized time schedule for the staging and completion of the designed residential development, including utilities and facilities.

[7] Such other additional information as deemed necessary by the Town Board to properly study and evaluate the application.

(d) A fee in the amount set by resolution of the Town Board[3] for each acre of land within the proposed designed residential development, such fee to be applied to meeting the costs incurred by the Town for engineering, planning and other professional services in connection with its review of the application. Any unused portion shall be returned to the applicant.

[Amended 2-14-1980; 10-17-1991 by L.L. No. 7-1991]

[3] Editor's Note: The current fee is set forth in the fee schedule, which is on file in the office of the Town Clerk.

(2) Referral to Planning Board. The Town Supervisor shall certify when all of the necessary application material has been presented and shall, within five days thereafter, forward eight copies of the application to the Planning Board for review and report as hereinafter provided.

(3) Review by other agencies. Upon receipt of a completed application for approval of a designed residential development, the Planning Board shall forward for review and report one copy each of such application to the Open Space Committee, the Town Engineer, the Superintendent of Highways, the Westchester County Soil and Water Conservation District, the Westchester County Department of Health, the Westchester County Planning Board and, when such is appropriate, the Clerk of any abutting municipality where the property proposed for such development is located within 500 feet of such municipality, and such other agencies and officials as determined appropriate by the Planning Board. To ensure full and proper consideration of each agency's report, including its recommendations, such report shall be returned to the Planning Board within 45 days of the date that the application was originally forwarded.

[Amended 5-17-2012 by L.L. No. 3-2012]

(4) Planning Board action.

(a) The Planning Board may, at its discretion and before making a recommendation, hold a public hearing or hearings on the application.

(b) Within 90 days following its receipt of the application or such longer period of time as may be agreed to by the applicant, the Planning Board shall recommend to the Town Board either approval, approval with modifications or disapproval of the general land use and development plan.

(c) The report of the Planning Board to the Town Board shall be in writing and shall set forth its findings as to why the plan would or would not be in the public interest, in what respect the plan is or is not consistent with the objectives of a designed residential development and in what respects the plan is or is not suitable and appropriate for the location proposed and is or is not consistent with the Town Development Plan. Where the general land use and development plan is not consistent with the Town Development Plan and the Planning Board recommends approval of the general land use and development plan, the Board shall, in the manner specified in § 272-a of the Town Law, adopt any necessary amendments to said Town Development Plan and shall include in its findings the reasons justifying such amendments.

(5) Town Board action.

(a) Within 45 days after the filing of the Planning Board report, a public hearing on said application shall be held by the Town Board in the manner prescribed for hearings on zoning amendments.

(b) Within 30 days following the conclusion of the public hearing or such longer period of time as may be agreed to by the applicant, the Town Board either shall refuse to approve the general land use and development plan; shall refer it back to the Planning Board for further consideration of specified matters; or shall, in the manner provided in § 264 of the Town Law, approve the general land use and development plan, with or without modifications as a condition of such approval, and amend the Zoning Map of the Town of Somers to designate the area included in the approved plan as "Designed Residential Development: (development name)"; provided, however, that if such plan is approved with modifications, the Zoning Map shall not be amended until the applicant has complied with such modifications and such compliance has been verified by the Town Clerk. Approval or approval with modifications is required for and shall be deemed to authorize the applicant to proceed with a detailed design of the proposed development and to submit applications for the approval of subdivision plats and site development plans which are in accordance with the approved general land use and development plan.

(c) The decision of the Town Board shall be based upon written findings of fact setting forth the reasons for its decision. The Town Board shall not act to approve any application for a designed residential development unless it determines that such development will serve to implement the intent and purposes as set forth in this chapter; that the location and the physical character of the site proposed for the designed residential development is suitable and appropriate for such a development; and that such development is otherwise in the public interest. The Town Board shall require such conditions, limitations and safeguards be added to the general land use and development plan as said Board deems necessary and appropriate to assure continual conformance with all applicable standards and requirements and to fulfill the intent and purposes of this chapter.

(6) Amendments.

(a) The Town Board, after any referrals it may deem necessary and after public hearing with the same notice as required for the original hearing, may consider and act upon an application to amend the general land use and development plan for a previously approved designed residential development or upon an application to change or enlarge the limits of such development to include continuous acreage subsequently acquired by the applicant.

(b) Special exception use permits for designed residential developments issued prior to the effective date of this section shall continue in effect in accordance with their approved terms and all substantive rights, grants, duties and obligations conferred in and by any action heretofore or hereafter taken by any official and agency of the government of the United States, State of New York, County of Westchester and the Town of Somers pursuant to Section 72.02,[4] and all special exception permit uses issued by the Board of Appeals pursuant to Section 72.02 shall be and shall remain in full force and effect unless an amendment thereto is applied for and approved in accordance with both the substantive and procedural provisions of this section.

[4] Editor's Note: Section 72.02 refers to the Designed Residential Development Standards added to this Zoning Ordinance 6-29-1972, which was repealed 9-9-1976 and replaced by this section.

(7) Expiration of approval.

(a) Town Board approval or approval with modifications of an application for a designed residential development shall expire if construction work on the development is not begun within one year of the date of approval, is not completed within 10 years of the date of approval or is not prosecuted with reasonable diligence in such a way as to assure its completion within the permitted time period and according to the approved time schedule. Expiration of approval by reason of failure to prosecute with reasonable diligence shall be determined by the Town Board after public hearing with due notice.

(b) Where, in the judgment of the Town Board, extenuating circumstances have acted to prevent the commencement or completion of construction work on the development, the Town Board may, in its discretion, extend the above time periods without the necessity of a new public hearing.

(8) Approval of subdivision plats. Applications for the approval of any subdivision plats and for the construction of any Class A roads shall be submitted to the Planning Board and processed by said Board in accordance with the procedures and requirements specified in the Town's land subdivision regulations and Standard Specifications for Subdivision Road Construction.

(9) Approval of site development plans. No earthwork nor clearing or construction of any kind shall take place within the limits of a designed residential development until a site development plan for such development or the appropriate section thereof has been reviewed and approved by the Planning Board in accordance with the following procedures:

(a) Submission of application. Applications shall be submitted in seven copies to the Planning Board, with the initial application accompanied by seven complete copies of the approved general land use and development plan, and shall include the following information:

[1] A proposed site development plan map drawn at a scale of no less than one inch equals 50 feet and indicating the following:

[a] Title of the development, date, revision dates, if any, North point, scale, name and address of the applicant and of the architect, engineer, landscape architect and/or surveyor preparing the site development plan.

[b] Detailed description of existing terrain conditions on the property, to include topographic data at a maximum contour interval of two feet; designation of specific soil types; the location of all existing watercourses and intermittent streams; the location and extent of existing wooded and wetland areas and specification of the type of vegetation prevailing therein; the location of existing stone walls, rock outcrops and major trees (eight inches or more in diameter) outside of wooded areas which are to remain undisturbed.

[c] The location and dimensions (length, width, ground floor elevation and height) of all existing and proposed main and accessory buildings, with the use for each indicated.

[d] The location, width and finished pavement grades of all existing and proposed public and private roads.

[e] The location, layout, finished pavement grades and surface treatment proposed for parking and loading areas and ingress and egress drives.

[f] The location, size and proposed screening of any refuse storage or other outdoor storage areas.

[g] The location and size of all proposed water supply, sanitary sewerage, storm drainage and other utility facilities, including connections to any existing facilities.

[h] The location, design and construction plans for proposed sidewalks and steps, drainage structures, retaining walls, etc.

[i] A landscaping plan, to include type, size and location of materials to be used.

[j] The proposed type, location and design of exterior lighting system.

[k] The proposed location, type, size, color and illumination of all signs.

[2] Architectural plans of all proposed buildings and structures, including general exterior elevations, perspective drawings and, in the case of residential buildings, typical floor plans indicating the number of bedrooms and the use of all other rooms within each dwelling unit.

[3] Calculation of expected storm drain loads to be accommodated by the proposed drainage system.

[4] Estimate of earthwork, showing the quantity of any material to be imported to and/or removed from the site.

[5] A description of measures planned to assure proper erosion and sedimentation control during construction.

[6] A statement from the applicant's engineer indicating the estimated cost of constructing all new roads and sidewalks and of the water supply, sanitary sewerage and storm drainage systems.

[7] Proof of approval by the State Department of Transportation or the Town of Somers Superintendent of Highways, as appropriate, of the design and proposed construction of any intersection of a new road with an existing state or Town highway and of any proposed connection to existing drainage facilities along such highways.

[8] Copies of legal covenants and agreements restricting the use of recreation and open space areas to such purposes and of documents establishing future ownership and maintenance responsibilities for all private roads, recreation and open space areas.

[9] Any other legal agreements, documents or information required to implement the purposes and intent of the designed residential development as approved by the Town Board.

[10] An application fee equal to an amount set forth in the fee schedule established by resolution of the Town Board[5] for applications for site plan approval.

[Amended 2-14-1980; 8-8-1985]

[5] Editor's Note: A copy of the current fee schedule is available from the Town Clerk.

(b) Referrals.

[1] Upon receipt of a complete site development plan application, the Planning Board shall refer one copy each to the Open Space Committee, the Town Engineer, the Town Attorney, the Superintendent of Highways, where a private road to be constructed as a part of the site development will intersect with an existing Town road or an approved Class A road, and one copy to any other agency, official or expert as determined appropriate by said Board for review and report.

[Amended 5-17-2012 by L.L. No. 3-2012]

[2] Review shall be for the purpose of determining:

[a] That such development will be in accordance with the approved general land use and development plan and any other requirements and terms established by the Town Board as a condition of approval of the designed residential development.

[b] That it complies with all other applicable standards and requirements of this chapter.

[c] That all facilities and improvements necessary to the construction of the development will be properly provided.

[d] That proposed intersections of private roads with existing Town roads or Class A roads are located and designed so as to permit safe traffic movements through the intersections.

[e] That existing Town roads within or directly abutting the designed residential development are or will be suitably improved so as to be capable of safely accommodating the increased traffic generated by the development.

[3] Review by the Town Attorney shall be for the purpose of determining the adequacy of all covenants and agreements, documents and other legal information required in connection with the construction and operation of all jointly owned facilities and areas within the designed residential development.

[4] Reports shall be submitted to the Planning Board within 45 days of the date on which such application was originally submitted. Each such report shall include a recommendation as to whether the application should be approved, disapproved or approved with modifications and shall specify what modifications, if any, are necessary.

(c) Action by Planning Board. Within 60 days of the date the application was received, the Planning Board shall act either to approve, disapprove or approve with modifications the site plan. A permit authorizing earthwork, land clearing or construction of any kind shall be issued only for work which will be done in accordance with the approved site development plan, and no certificate of occupancy shall be issued for any development which has not been constructed in accordance with said plan.

(d) Inspection fee. As a condition of site development plan approval, an engineering and inspection fee, in an amount set forth in a fee schedule established by resolution of the Town Board,[6] shall be paid to the Town of Somers. Such fee shall be used to cover costs incurred by the Town in conducting inspections of such construction.

[Amended 8-8-1985]

[6] Editor's Note: A copy of the current fee schedule is available from the Town Clerk.

(e) Special conditions. If, during the course of construction, any conditions, such as flood areas, underground water, springs, intermittent streams, humus beds, unsuitable slopes, soft and silty areas or other unusual circumstances, are encountered which were not foreseen in the original planning, such conditions shall be reported to the Town Engineer, together with the developer's recommendations as to the special treatment required to secure adequate and permanent construction. The Town Engineer shall, without unnecessary delay, investigate the condition or conditions and either approve the developer's recommendations to correct same, order a modification thereof or issue his own specifications for correction of the condition or conditions. Unusual circumstances or detrimental conditions observed by the Town Engineer shall be similarly treated.

(f) Expiration of approval. Site development plan approval shall expire if work on the approved development is not begun within six months or completed within two years of the date of approval. An extension of the expiration date may be granted by the Planning Board for a period not to exceed six months.

(10) Amendments to site plan.

(a) During the construction of a designed residential development, the Building Inspector or the Town Engineer may authorize, upon the request of the applicant, minor adjustments to the approved site plan when such adjustments appear necessary in the light of technical or engineering considerations discovered during actual construction. Such minor adjustments shall be consistent with the intent and purpose of the Town Development Plan, general land use and development plan, this chapter and the approved site plan.

(b) Proposed changes in an approved site plan which are in substantial compliance with the approved general land use and development plan may be authorized in the same manner and subject to the same standards and limitations as provided in Subsection E(9) of this section with respect to the review and approval of the designed residential development site plan as originally submitted.

(c) Except as provided in Subsection E(10)(d) below, proposed changes in an approved site plan which are not in substantial compliance with the approved general land use and development plan may be authorized only after amendment of said general land use and development plan in accordance with the provisions of Subsection E(6) of this section, which amendment may be authorized only in compliance with all of the procedures, standards and limitations established by this chapter for the original approval of a general land use and development plan.

(d) At any time following the approval of a site plan, the Building Inspector or Town Engineer shall have authority to approve adjustments to such plan when such adjustments are required to comply with laws, rules or regulations made applicable to the subject property by any agency or instrumentality of the United States, New York State or Westchester County governments; provided, however, that no such adjustment shall be greater than the minimum adjustment necessary to comply with the law, rule or regulation in question; and that any significant adjustments shall be referred to the Planning Board for approval.

§ 170-13 Multifamily Residence MFR Districts.

[Added 11-12-1981; amended 10-11-1990 by L.L. No. 3-1990; 10-17-1991 by L.L. No. 7-1991; 5-9-2002 by L.L. No. 4-2002; 11-13-2008 by L.L. No. 11-2008; 5-17-2012 by L.L. No. 3-2012; 10-9-2014 by L.L. No. 4-2014; 12-10-2015 by L.L. No. 5-2015; 6-9-2016 by L.L. No. 2-2016; 8-5-2021 by L.L. No. 4-2021]

Multifamily residence districts are hereby established in order to provide suitable opportunities within the Town for the development of housing designed to satisfy the needs of households maintained by the young, the elderly and families earning less than 80% of the county's median income, and to permit a broad array of housing types, dwelling unit sizes and forms of ownership/occupancy. These districts are intended to provide for the construction of multifamily housing on sites determined to be appropriate based upon criteria established in the Town Development Plan and in conformance with the standards recommended therein, which standards are designed to promote the public health, safety and general welfare and to require the development of housing which is responsive to the variety of special size, design, locational and affordability needs of present and future residents of the Town. To help assure the achievement of this goal with proper protection for existing and future neighboring development and infrastructure, all multifamily residence districts shall be established subject to approval by the Town Board and in accordance with an approved preliminary development concept plan, as described and defined herein.

A. Multifamily Residence Baldwin Place MFR-BP District. It is the specific purpose and intent of the Multifamily Residence Baldwin Place MFR-BP District to provide the opportunity for the development of medium-density, as defined herein, multifamily housing in and adjacent to the Baldwin Place business center area on sites within an existing, expanded or new sanitary sewer district, capable of being served with a central water system, and with convenient access to major roads, regional shopping and community facilities and services. It is the Town's further objective that the Multifamily Residence Baldwin Place MFR-BP District include affordable housing. The following basic planning standards will be used as a general guide by the Town Board in determining and establishing the specific site and building development controls applicable within each individual Multifamily Residence Baldwin Place MFR-BP District established pursuant to this section.

(1) Minimum site area. In order to receive consideration for designation within the Multifamily Residence Baldwin Place MFR-BP District, a tract shall have an area of not less than 10 acres. No minimum is required for each individual building lot within a development which is subdivided in accordance with a preliminary development concept plan approved by the Town Board and a final site development plan approved by the Planning Board pursuant to the planning standards of this section of this chapter as applied by the Town Board. Site location shall conform to the policies set forth in the Town Development Plan.

(2) Underlying zoning. In order to receive consideration for designation within the Multifamily Residence Baldwin Place MFR-BP District, a tract shall have an underlying zoning designation of R40 Residence District or R80 Residence District.

(3) Adjacency to Baldwin Place business center area. In order to receive consideration for designation of the Multifamily Residence Baldwin Place MFR-BP District floating zone, a tract shall have frontage on Route 6 and be located no further than 2,000 linear feet, measured along Route 6, from the centerline of the intersection of Route 6 and Mahopac Avenue as measured to its property line closest to that intersection.

(4) Development density.

(a) The average gross density within a Multifamily Residence Baldwin Place MFR-BP District shall not exceed three density units, as defined in § 170-12D(1)(a) of this chapter, per acre of net land area, except as provided in Subsection A(3) below. Net land area shall be calculated as set forth in Article XA. At least 15% of the basic permitted density shall consist of affordable dwelling units.

(b) In addition, the Town Board shall consider other planning and zoning policy considerations and criteria in making its determination of the appropriate number of basic density units and the suitability of the tract for multifamily development. These considerations and criteria include but are not limited to the following:

[1] Lot area.

[2] Compatibility with officially adopted Town, county, regional and state plans.

[3] Availability and adequacy of sanitary sewer and water systems to be provided on a central basis.

[4] Adequacy of adjacent and nearby public roads to accommodate traffic generated from the multifamily development or, if not presently adequate, that necessary improvements can and will be made prior to project occupancy.

[5] Availability and proximity of public transportation facilities.

[6] Availability and proximity of existing or planned employment facilities.

[7] Availability and proximity of shopping and other community services.

[8] The degree to which the proposed development is designed to achieve the planning and housing goals as set forth in this chapter and in the Town Development Plan.

(c) The Planning Board shall be responsible for determining the number of bedrooms in each dwelling unit in connection with its review of site development plans, taking into consideration the floor plans proposed by the applicant and such other information as said Board may determine appropriate.

(5) Incentive density. The permitted density on a multifamily development site in a Multifamily Residence Baldwin Place MFR-BP District may be increased by not more than 50% beyond the basic permitted density for the provision of dwelling units designated for low/moderate income families, specifically restricted as follows:

(a) Affordable dwelling units: one additional market-rate unit for each affordable unit in excess of the required 15% of the base permitted density, but not to exceed a maximum increase of 20% in the number of market-rate units.

(b) As a condition of the granting of any density increase for specifically restricted dwelling units as set forth in Subsection A(3)(a) above, initial and continued eligibility priority shall be in accordance with Article XIA.

(6) Coverage.

(a) The maximum permitted building coverage within a Multifamily Residence Baldwin Place MFR-BP District shall be 20%, and the maximum permitted combined coverage of buildings and paved surfaces (roads, driveways and parking areas) shall be 40%. These percentages shall relate to net land area as set forth in Article XA.

(b) Underground or under-building parking shall be excluded from building coverage for the purpose of these calculations.

(7) Maximum building height. The maximum permitted height of buildings within a Multifamily Residence Baldwin Place MFR-BP District shall be 2 1/2 stories or 30 feet, whichever requirement is more restrictive.

(8) Setbacks.

(a) All buildings within a Multifamily Residence Baldwin Place MFR-BP District shall be set back at least 75 feet from any street line and 50 feet from any other lot line, except that the minimum setback from a common property line shared with land in an adjoining single-family residence district shall be at least 100 feet. Where the Planning Board determines that the objectives of such setbacks can be appropriately met with lesser distances, taking into consideration the nature of neighboring land uses, topographic conditions, existing vegetation, or other such similar factors, it may permit a reduction in such setback requirements.

(b) Within such setbacks, a buffer area shall be required along all property lines of a multifamily development which abut or are directly across a local street from any property in a residence district. Such buffer area shall comply with at least the following minimum standards:

[1] It shall be at least 30 feet in width.

[2] It shall remain in its natural state with no construction, grade, alteration or clearing permitted except as approved by the Planning Board to meet site access, drainage, recreation and landscaping requirements.

[3] Evergreen planting shall be provided of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will effectively screen the activity on the lot from the neighboring residential area. Non-evergreen planting may be included to supplement evergreen planting, but not to take its place.

[4] Where the existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements.

(9) Traffic access.

(a) Properties within a Multifamily Residence Baldwin Place MFR-BP District shall have either direct frontage on a major or collector road, as shown on the Town Development Plan, or safe and convenient access to such a road without passing through a single-family residence neighborhood. Traffic access to Multifamily Residence Baldwin Place MFR-BP District sites shall be adequate to accommodate the anticipated traffic generation resulting from the multifamily development proposed thereon, or, if not presently adequate, that necessary improvements can and will be made prior to project occupancy.

(b) No application for a multifamily development in a Multifamily Residence Baldwin Place MFR-BP District shall be granted until and unless the Town Board determines that the Town, county or state road upon which the site has frontage and/or access to is capable of accommodating the additional traffic generation or, if not, that the necessary improvements will be made prior to the occupancy of any dwelling units on the Multifamily Residence Baldwin Place MFR-BP District site.

(10) Water and sewerage facilities.

(a) Multifamily Residence Baldwin Place MFR-BP Districts intended to be established only on lands located within public water and sewer districts. If land being considered for inclusion in a Multifamily Residence Baldwin Place MFR-BP District is not presently within such utility district(s), the establishment of the zoning district shall be contingent upon the creation or expansion of such utility district(s) to include the entire area of the land so zoned, in accordance with the standards and subject to the approval of the Westchester County Department of Health and the New York State Department of Environmental Conservation.

(b) No certificate of occupancy shall be issued until all dwelling units are connected to approved and functioning central water and sewage treatment systems.

(c) Where future service by off-site water and/or sewerage systems are planned, all on-site water and sewer facilities shall be designed and located in such a way as to readily permit their connection and/or conversion to the off-site systems at such time as they are constructed.

(d) Where, in the opinion of the Town Board, the geology of an area is such that wells of large capacity may adversely impact existing wells on nearby properties, individual water meters for each dwelling unit shall be installed; the impact will be studied in any environmental impact statement. The applicant shall provide for a monitoring program, satisfactory to the Planning Board, to measure the impact on existing wells on nearby properties, and sufficient measures, as directed by the Town Board, shall be taken by the applicant to prevent and/or correct such adverse impact or to indemnify the owner of such impacted wells; and/or, where feasible, an alternate source of water supply shall be developed.

(11) Drainage. Stormwater drainage systems serving any multifamily development shall be designed so that the rate of runoff from the site during a one-hundred-year storm will not exceed that which would have occurred prior to its construction, unless another rate of runoff shall be approved by the Planning Board. The calculation of such runoff rate and the design of the drainage system shall be subject to the approval of the Town Engineer.

(12) Refuse collection, storage and disposal. Plans for the collection, storage and disposal of refuse within any multifamily development shall be subject to Planning Board approval as part of its review of detailed site development plans. The outside storage of refuse, if permitted, shall be in rodentproof containers conveniently located and enclosed or otherwise screened from view. Such facilities shall comply with all setback requirements applicable to principal buildings.

(13) Underground utilities. All utilities within any multifamily development, including electric, telephone and cable television service, shall be placed underground.

(14) Fire protection. All site plans for multifamily development shall provide proper access for fire-fighting equipment and personnel and shall provide hydrants in such number and location and with such water supply and pressure as shall be determined adequate by the Bureau of Fire Prevention and approved by the Planning Board as part of its review of final site development plans. Interior fire separation is required. After review and recommendation of the Planning Board, the Town Board may designate a Multifamily Residence Baldwin Place MFR-BP Zone as within fire limits at the time of creation of such zone.

(15) Off-street parking. Off-street parking spaces shall be provided in accordance with the requirements of § 170-12D(5). In addition, the following special standards shall apply in the Multifamily Residence MFR-BP District:

(a) At least 1/3 but no more than 2/3 of the minimum number of parking spaces required to serve residential dwelling units shall be enclosed within garages.

(b) At least 20% of the minimum number of required parking spaces shall be designed and reserved for the use of visitors and guests.

(c) The Planning Board may require, if deemed appropriate, the provision of suitably screened and located parking areas for the storage of recreational vehicles belonging to residents of the development.

(d) All maintenance vehicles or equipment shall be stored in enclosed structures only, which structures shall conform in architectural theme to the residential buildings of the development.

(16) Recreation area and open space.

(a) Recreation area. Each multifamily development shall include a recreation area which is designed, improved and maintained for the use of the residents of the development and their guests on a not-for profit basis. The recreation area shall contain at least 300 square feet of lot area per density unit and provide common active recreational facilities, such as swimming pools, playing courts (tennis, basketball, volleyball), playground equipment, etc. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development and the anticipated occupancy of the units. Where special recreational considerations must be met, such as for senior citizens or handicapped persons, the site plan shall contain elements encompassing and satisfying these needs.

(b) Open space. All portions of any multifamily development, including required setback areas, which are not used for one or more of the purposes permitted above shall be designed and maintained as permanent open space, free of buildings and parking areas, and shall be landscaped or preserved in a natural state in accordance with plans approved by the Planning Board.

(c) Preservation of common areas.

[1] Permanent preservation of such recreation areas and open space shall be legally assured, to the satisfaction of the Planning Board and the Town Attorney, by the filing of appropriate covenants, deed restrictions, easements or other forms of agreements. It shall be the property owner's responsibility to maintain all open space and recreation areas and such other common areas within the owner's control, including but not limited to streets, driveways, curbs, sidewalks, landscaping, lighting and public highways, in a safe, clean and orderly condition. Such maintenance shall include removal of snow from internal streets, driveways and walks. In the event that the maintenance, preservation and/or use of the conserved land areas and common facilities ceases to be in compliance with any of the requirements of this section or any other requirements specified by the Planning Board when approving the site plan, the Town shall be granted the right to take all necessary action to assure such compliance and to assess against the property owner all costs incurred by the Town for such purposes.

[2] It is the intent of this section that the responsibilities and obligations of the property owner which continue after any multifamily development has been constructed will be assumed in their entirety by a property owners' association if Planning Board approval of the final site development plan allows for the ownership of all common areas to be divided proportionately among all property owners within the development. In such an event, membership in the property owners' association shall be mandatory for all property owners in the development. Such association shall be incorporated, shall be responsible for maintenance, liability insurance and local taxes and shall be empowered to levy assessments against property owners to defray the cost of maintenance and to acquire liens, where necessary, against property owners for unpaid charges or assessments. In the event that the property owners' association fails to perform the necessary maintenance operations, the Town of Somers shall be authorized to enter upon such premises for the purpose of performing such operations and to assess the cost of so doing against the association and/or each individual property owner equally.

(17) Other requirements.

(a) Individual unit access. In general, each individual dwelling unit within any multifamily development shall have its own separate entrance/exit leading directly to the outside. The Planning Board may waive this requirement as a part of final site development plan approval where said Board determines that the basic intent in terms of safety and the avoidance of common hallway areas can be met, through other elements of the building design.

(b) Central antenna system. If cable television service is not available to serve a proposed multifamily development, a central radio/television antenna system shall be provided for each such development or for each grouping of attached dwelling units within it. Separate exterior antennas for individual multifamily dwelling units shall not be permitted.

(c) Minimum floor area. Minimum gross floor area per dwelling unit shall not be less than the following:

	Type of Unit	Minimum Gross Floor Area (square feet)
	Efficiency	300
	One-bedroom	500
	Two-bedroom	700
	Three-bedroom	900, including at least 2 full baths
	Four-bedroom	1,100, including at least 2 full baths

(d) Exterior lighting shall be provided according to a lighting plan approved by the Planning Board.

(18) Affordable dwelling units.

(a) Quantity. Not less than 15% of the permitted basic density in each approved multifamily development shall be affordable dwelling units as defined in § 170-3 of this chapter.

(b) All other standards as discussed in Article XIA, Affordable Housing, shall apply.

B. Multifamily Residence Hamlet MFR-H District. It is the specific purpose and intent of the Multifamily Residence Hamlet MFR-H District to provide the opportunity for the development of low-to-medium-density, as defined herein, multifamily housing in and adjacent to the hamlet centers, on sites within an existing, expanded or new sanitary sewer district capable of being served with a central water system and with convenient access to shopping, major roads and community facilities and services. It is the Town's further objective that the Multifamily Residence Hamlet MFR-H District include affordable housing. To help achieve these goals, all basic planning standards set forth in Subsection A(1) through (16) for the Multifamily Residence Baldwin Place MFR-BP District shall be applied by the Town Board in determining and establishing the specific site and building development controls applicable within each individual Multifamily Residence Hamlet MFR-H District established pursuant to this section, as modified below:

(1) Development density. The basic and incentive densities within a Multifamily Residence Hamlet MFR-H District shall be calculated as in the Multifamily Residence Baldwin Place MFR-BP District, with the exception that the basic average gross density shall not exceed two density units per acre of net land area.

(2) Coverage. The maximum permitted building coverage within a Multifamily Residence Hamlet MFR-H District shall be 15%, and the maximum permitted combined coverage of buildings and paved surfaces (roads, driveways and parking areas) shall be 35%. The net site area to be used in this calculation shall be established in the same manner as set forth for the Multifamily Residence Baldwin Place MFR-BP District in Subsection A(4).

C. Multifamily Residence Downtown Hamlet MFR-DH District. It is the specific purpose and intent of the Multifamily Residence Downtown Hamlet MFR-DH District to provide opportunity for the development of low-to-medium-density multifamily housing, as defined herein, on sites within an existing, expanded or new sanitary sewer district, capable of being served with a central water system, and have convenient access to shopping, major roads and community facilities and services. Property with direct access to U.S. Route 202 or New York State Route 100 and within 2,500 feet of the intersection of such United States and state highways shall be eligible for MFR-DH designation, provided that such property meets all other eligibility requirements of this section. It is the Town's further objective that the Multifamily Residence Downtown Hamlet MFR-DH District include additional shopping opportunities for the residential development in the MFR-DH District and in nearby areas, recognizing the mixed use nature of the downtown area. To help achieve these goals, the Town Board shall apply the basic planning standards set forth in Subsection A(1), (2), (4), (5) and (7) to (17) for the Multifamily Residence Baldwin Place MFR-BP District in determining and establishing the specific site and building development controls for multifamily housing within each individual Multifamily Residence Downtown Hamlet MFR-DH established pursuant to this section, as modified below:

(1) Permitted uses. The following uses shall be permitted in the MFR-DH District subject to the following restrictions:

(a) Multifamily residential housing.

[1] Development density. The basic density for multifamily residential housing in the Multifamily Residence Downtown Hamlet MFR-DH District shall be calculated as in the Multifamily Residence Baldwin Place MFR-BP District, with the exception that the basic average gross density shall not exceed two density units per acre of net land area and shall not consist of affordable housing units.

[2] Coverage. The maximum permitted building coverage for multifamily residential housing within a Multifamily Residence Downtown Hamlet MFR-DH District shall be 15%, and the maximum permitted combined coverage of buildings and paved surfaces (roads, driveways and parking areas) shall be 35%. The net site area to be used in this calculation shall be established in the same manner as set forth for the Multifamily Residence Baldwin Place MFR-BP District in Subsection A(6).

(b) Grocery store or other neighborhood retail use that compliments retail use on abutting lands and expands shopping opportunities for residents in the housing proposed as part of the MFR-DH, and housing in the surrounding areas, provided that:

[1] Lot location and size. The site shall have frontage on, and direct access to, a United States and/or New York State highway at a signalized intersection. The minimum lot area for the retail use shall be four acres.

[2] Building coverage. The maximum building coverage shall be 15% of the lot area.

[3] Yard requirements. The retail building may be located directly on the front lot line and directly on a side lot line that abuts an adjacent shopping area. A front yard along U.S. Route 100 shall have a minimum depth of 75 feet. Other yards shall have a minimum depth of 20 feet.

[4] Building height. The maximum height shall be two stories or 35 feet.

[5] Maximum store size. The maximum footprint of an individual store shall be 25,000 square feet, which is sufficient for a specialty grocery store.

D. Multifamily Residence Route 100 "MFR-100" District. It is the specific purpose and intent of the Multifamily Route 100 MFR-100 District to provide opportunity for the development of multifamily housing on sites with direct access to New York State Route 100, situated between residential and commercial/industrial zoning districts, so as to create a transitional use between districts, and to provide additional diversity of housing types in the Town. Property with direct access to New York State Route 100 shall be eligible for MFR-100 designation, provided that such property meets all other eligibility requirements of this section. It is the Town's further objective that the Multifamily Route 100 MFR-100 District include affordable housing. To help achieve these goals, the Town Board shall apply the basic planning standards set forth in § 170-13A(4)(b) above and the following additional planning standards in determining and establishing the specific site and building development controls for multifamily housing within the MFR-100 District:

(1) Eligibility requirements. The MFR-100 District may only be applied to sites previously within an R-80 Residential Zoning District, with an area of at least two acres, with at least 300 feet of frontage on New York State Route 100, and with direct access to Route 100.

(2) Permitted uses. All uses permitted in the R-80 Residential Zoning District shall be permitted in accordance with the requirements of said zoning district. Multifamily residential development shall also be a permitted principal use in the MFR-100 District, subject to the following restrictions:

(a) Development density. The average gross density within the MFR-100 District shall not exceed 12 density units, as defined in § 170-12D(1)(a) of this chapter, per acre of net land area. Net land area shall be calculated as set forth in Article XA.

(b) Affordable dwelling units. At least 15% of the basic permitted density shall consist of affordable dwelling units as defined in § 170-3 of this chapter. All other standards set forth in Article XIA, Affordable Housing, shall apply.

(c) Coverage. Maximum building coverage shall not exceed 10% of the total site area, and maximum coverage of all impervious surfaces shall not exceed 40% of the total site area. These percentages shall relate to net land area as set forth in Article XA.

(d) Height. Maximum building height shall not exceed 2 1/2 stories or 30 feet.

(e) Yard requirements. All buildings must be set back at least 30 feet from a front lot line, 40 feet from a side lot line, and 100 feet from a rear lot line.

(3) Off-street parking. Off-street parking spaces shall be provided in accordance with the requirements of § 170-12D(5).

(4) Traffic access. Properties within a Multifamily Residence Route 100 MFR-100 District shall have direct frontage on New York State Route 100. No application for a multifamily development in a MFR-100 District shall be granted until and unless the Town Board determines that the relevant portion of Route 100 is capable of accommodating the additional traffic generation or, if not, that the necessary improvements will be made prior to the occupancy of any dwelling units on the MFR-100 District site.

(5) Drainage. Stormwater drainage systems serving any multifamily development shall be designed so that the rate of runoff from the site during a 100-year storm will not exceed that which would have occurred prior to its construction. The calculation of such runoff rate and the design of the drainage system shall be subject to the approval of the Town Engineer.

(6) Refuse collection, storage and disposal. Plans for the collection, storage and disposal of refuse within any multifamily development shall be subject to Planning Board approval as part of its review of detailed site development plans. The outside storage of refuse, if permitted, shall be in rodentproof containers conveniently located and enclosed or otherwise screened from view. Such facilities shall comply with all setback requirements applicable to principal buildings.

(7) Underground utilities. All utilities within any multifamily development, including electric, telephone and cable television service, shall be placed underground.

(8) Fire protection. All site plans for multifamily development shall provide proper access for firefighting equipment and personnel and shall provide hydrants in such number and location and with such water supply and pressure as shall be determined adequate by the Bureau of Fire Prevention and approved by the Planning Board as part of its review of final site development plans. Interior fire separation is required.

(9) Recreation area and open space.

(a) Recreation area. Each multifamily development shall include a recreation area, either active or passive, which is designed, improved and maintained for the use of the residents of the development and their guests on a not-for-profit basis. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development and the anticipated occupancy of the units.

(b) Open space. All portions of any multifamily development, including required yards and setback areas, which are not used for one or more of the purposes permitted above shall be designed and maintained as permanent open space, free of buildings and parking areas, and shall be landscaped or preserved in a natural state in accordance with plans approved by the Planning Board. Notwithstanding the foregoing, parking areas may be permitted within a required side or rear yard setback, subject to Planning Board approval.

E. Application procedure. The procedure for planning and zoning approval of a proposed multifamily development in accordance with this section shall involve a two-stage review process: approval of a preliminary development concept plan and the reclassification of a specific parcel or parcels of land for development in accordance with that plan by the Town Board; and approval of a detailed final site development plan as well as a subdivision plan, if appropriate, by the Planning Board.

(1) Preliminary development concept plan approval by the Town Board.

(a) Application to Town Board for zoning approval. Application for the establishment of a multifamily residence district shall be submitted to the Town Board in 15 copies at a regularly scheduled meeting. The application shall include at least the following items of information:

[1] The names and addresses of the property owner, the applicant, if other than the owner, and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.

[2] Where the applicant is not the owner of the property, written authorization from the owner for the submission of the application.

[3] A written statement, describing the nature of the proposed project, how it is designed to serve the purposes of this chapter (including its consistency with the Town Development Plan), an analysis of the site's relationship to immediately adjoining properties and surrounding neighborhood, the availability and adequacy of community facilities and utilities to serve it, the safety and capacity of the street system in the area to handle the anticipated traffic generation and such other information as may be required by law or determined necessary by the Town Board or Planning Board to properly enable them to review and decide upon the application.

[4] A written statement of the proposed method of ownership and maintenance of all common utilities, facilities and open space lands within the proposed development.

[5] A preliminary development concept plan for the entire, proposed project, drawn to a convenient scale, and including the following items of information:

[a] An accurate boundary line survey of the property prepared by a licensed engineer or land surveyor and including the exact area of the property in both acres and square feet.

[b] A map of existing terrain conditions, including topography with a vertical contour interval of no more than two feet, significant areas with slopes of 25% or more, identification of soil types (including wetlands), existing drainage features, major rock outcroppings, the extent of existing wooded areas and other significant vegetation, existing stone walls, etc.

[c] A site location sketch indicating the location of the property with respect to neighboring streets and properties, including the names of all owners of property within 500 feet thereof; this should also show the existing zoning of the property and the location of all zoning district boundaries in the surrounding neighborhood; the location of existing septic fields and wells on adjoining properties shall be shown on the map.

[d] A preliminary site development plan indicating the approximate location, height and design of all buildings, the arrangement of parking areas and access drives and the general nature and location of other proposed site improvements, including recreational facilities, landscaping and screening, the stormwater drainage system, water and sewer connections, etc.

[e] A generalized time schedule for the staging and completion of the proposed project.

[f] An application fee in the amount set by resolution of the Town Board per proposed dwelling unit.

(b) Referral to Planning Board and Open Space Committee. Upon receipt of a properly completed application for approval of a multifamily residence district, eight copies of such application shall be referred to both the Planning Board and the Open Space Committee for review and report. Within 65 days of the date of the Planning Board meeting at which such referral is received, the Planning Board and the Open Space Committee shall report their recommendations back to the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board and Open Space Committee reports or the expiration of the review period, whichever comes first. Said review period may be extended by mutual consent of the Town Board, the Planning Board and the applicant.

(c) Planning Board report.

[1] The Planning Board, in its report to the Town Board, may recommend either approval of the proposed application for the establishment of the multifamily residence district, with or without modifications, or disapproval. In the event of a recommendation of disapproval, the Planning Board shall state in its report the reasons therefor.

[2] In preparing its report and recommendations, the Planning Board shall take into consideration the recommendations of the Town Development Plan, the existing nature and arrangement of land uses in the area, the relationship of the proposed project to neighboring properties, the proposed design and location of buildings on the site, traffic circulation both on and off the site, the adequacy of available community facilities and utilities to service the proposed development, compliance of the proposed development with the standards and requirements of this chapter for multifamily residence districts and such other factors as may be appropriately related to the purpose and intent of this section and the objectives of this chapter.

(d) Town Board public hearing. Within 45 days of the date of the Town Board's receipt of the Planning Board's report and recommendation or the expiration of the Planning Board review period, whichever comes first, the Town Board shall schedule and hold a public hearing on the multifamily residence district zoning application and shall give notice thereof by publication in the official paper of notice of such hearing, at least five days prior to the date thereof; and the Town Board shall, at least five days before such hearing, mail notices thereof or cause such notices to be mailed by the applicant to owners of property within 1,000 feet of the applicant's property line.

(e) Town Board action. Within 45 days of the date of the close of the public hearing, the Town Board shall either approve, approve with modifications or disapprove the preliminary development concept plan and the establishment of the proposed multifamily residence district. Approval or approval with modifications is required for and shall be deemed to authorize the applicant to proceed with the detailed design of the proposed development in accordance with the subsequent procedures and requirements of this section. A copy of the resolution containing the Town Board's decision shall be forwarded to the Planning Board and to the applicant. A copy shall also be placed on file in the office of the Town Clerk, and, if in the form of an approval, the official copy of the Town Zoning Map shall be amended accordingly.

(2) Expiration of approval. Approval of the establishment of a multifamily residence district shall expire within 12 months if the applicant has not applied for and received site development plan approval from the Planning Board in accordance with the subsequent requirements of this section and unless work on the site is begun within 18 months from the establishment of a multifamily residence district and is being prosecuted to conclusion with reasonable diligence. The Town Board, upon request of the applicant, may extend both of the above time periods for two additional periods of not more than six months each. In the event of expiration of approval, the multifamily residence district shall automatically be removed from the subject property and such property shall revert to its prior zoning classification. The official copy of the Town Zoning Map shall be amended accordingly.

(3) Final site development plan approval by the Planning Board.

(a) No earthwork, land clearing, construction or development shall take place on any property within a multifamily residence district except in accordance with a site development plan approved by the Planning Board in accordance with this section and with the procedures and standards for site development plan approval as set forth in § 170-114 of this chapter.

(b) Where a proposed multifamily development also involves the construction of a new street or the subdivision or resubdivision of land in any way, no development may proceed until the Planning Board has also granted final subdivision approval in accordance with the standards and procedures of the land subdivision regulations of the Town of Somers.[1]

[1] Editor's Note: See Ch. 150, Subdivision of Land.