Village of Woodridge, NY Article V Supplementary Regulations Applicable to Particular Uses

§ 400-19 Manufactured (mobile) homes and parks.

Manufactured (mobile) homes and parks shall be permitted only in RR Districts. Manufactured (mobile) homes shall be permitted only in approved manufactured (mobile) home parks. Manufactured (mobile) home parks shall also be considered special uses. The Planning Board shall, in reviewing and acting upon such special use applications, apply the following standards and review criteria:

A. The location of the park shall be one suitable for such use as determined by the Planning Board, considering reports offered by the Board's consultants, with proper drainage and provisions for stormwater control such that the peak flow rate of water leaving the site after development shall not be greater than prior to development.

B. There shall be documentation of the availability and adequate capacity of all utility providers to service the park. Off-site or centralized water facilities shall be provided.

C. The park shall be designed to provide maximum open space consistent with the minimum mobile home lot size requirements of the Manufactured Home Law and offer buffering of individual mobile homes from each other and from other adjoining lot owners. It shall be landscaped so as to develop and maintain a high-quality aesthetic environment and neighborhood character for prospective new and existing residents.

D. Provisions shall be made for outside storage space, and these shall not in any way interfere with emergency access.

E. Provisions shall be made to control potential nuisance situations such as accumulation of unused materials or vehicles.

F. Recreational facilities sufficient to accommodate the number of dwellings proposed shall be provided. A minimum of 10% of the land area of the park or one-half acre, whichever is less, shall be devoted to this purpose and completed prior to the issuance of the first permit.

G. There shall be adequate groundwater supplies to support the proposed water system without causing a detrimental impact on adjoining water supplies, and evidence of this shall be provided and professionally reviewed.

H. The management and operations plan for the park shall provide for maintenance of all common facilities and ensure the purposes and requirements of this chapter are met. It shall also provide for limitation of occupancy to mobile homes meeting U.S. Department of Housing Urban Development regulations under the Manufactured Housing Act.

I. Mixed-use residential developments wherein mobile homes and other one-family detached dwellings are both provided shall be encouraged where the other criteria contained herein can be met. All other one-family detached development, however, shall comply with the requirements of this chapter and Chapter 350, Subdivision of Land, of the Code of the Village of Woodridge.

J. Manufactured (mobile) homes shall:

(1) Be new at the time of placement;

(2) Possess a manufactured peaked shingled roof; and

(3) Be placed on a monolithic concrete slab with concrete block wall skirting.

§ 400-20 Planned commercial development (industrial, office parks and commercial).

To facilitate the growth of employment and ensure a viable tax base for the Village of Woodridge and to prevent conflicts of incompatible industrial uses, planned industrial and office parks and shopping centers are permitted in the BLI District, subject to the following:

A. The entire lot shall be planned and designed as a unit to provide maximum functional efficiency and aesthetic quality. In cases where detailed building plans are not available, design guidelines for siting, orientation, size and materials of buildings shall be noted on the plans submitted for site plan review. Certain facilities, such as roadways, parking areas, utilities, drainage, screening and other landscaping and employee recreation facilities, may be shared among the uses in the industrial office park or shopping center.

B. Exterior walls of adjacent buildings shall be no closer than 1 1/2 times the height of the higher building wall, but in no case closer than 50 feet.

C. The standards set forth for light industrial uses shall be adhered to for planned development proposed for such use.

D. All facilities shall be served by approved sewer and water supply systems and the Planning Board may, as a condition of approval of such developments, require the improvement of any necessary facilities off site, including access roads necessary to serve such development.

E. In all cases, the uses may occupy leased premises or the premises may be owned as part of the condominium or cooperative or the premises may be subdivided and sold; however, there must be a central managing agency, acceptable to the Village Board, that is responsible for the improvement and maintenance of common facilities and for the general management of the development.

F. In all cases, the development shall be subject to special use approval in accordance with the procedures set forth herein. The Planning Board may waive standards for side yard setbacks within the development, provided that the minimum requirements are met along the perimeter of the development. Any such waiver shall refer to standards that the Planning Board finds to be more appropriate for the specific site and the uses proposed and shall be subject to review by the Fire Inspector.

§ 400-21 Planned unit developments.

A. Purposes.

(1) It is the purpose of this section to permit but not require, upon receipt and approval by the Village Board of an application made by the landowner(s), the establishment of a zoning classification entitled "Planned Unit Development (PUD) District." Such district may be permitted for the following purposes:

(a) A maximum choice in the types of housing, lot sizes and community facilities available to present and future Village residents or visitors at all economic levels.

(b) More usable open space and recreation areas.

(c) More convenience in location of certain accessory commercial and service areas.

(d) The preservation of trees, outstanding natural topography and geological features and the prevention of soil erosion.

(e) A creative use of land and related physical development which allows an orderly transition from rural to urban uses.

(f) An efficient use of land resulting in small networks of utilities and streets and thereby lower housing costs.

(g) A development pattern in harmony with objectives of the Village of Woodridge Comprehensive Plan.

(h) A more desirable environment than would be possible through the strict application of other articles of this chapter or Chapter 350, Subdivision of Land.

(2) Generally, these floating districts are intended to provide landowners who wish to develop functionally integrated residential or resort communities or complexes with the flexibility to do so, provided that sufficient open space will be preserved and the development is designed with safeguards to protect the public health, safety and welfare.

B. Procedures. The Village Board shall establish PUD Districts in the following manner:

(1) The owner(s) of the land in a proposed PUD District shall initially apply to the Village of Woodridge Planning Board for the establishment of a PUD — Planned Unit Development District. The application shall be in writing and include a sketch plan.

(a) Said sketch plan shall be drawn to scale, though it need not be to the precision of a finished engineering drawing, and it shall indicate the following information:

[1] The location and types of the various uses and their areas in acres.

[2] Delineation of the various residential areas, indicating for each such area its general location, acreage and composition in terms of total number of dwelling units, approximate percentage allocation of dwelling units by type and the calculation of the residential density in dwelling units per gross acre of site area.

[3] The general outlines of the interior roadway system and all existing public and private rights-of-way and easements.

[4] The location and area of the common open space.

[5] The overall drainage system.

[6] A location map showing uses and ownership of abutting lands.

[7] Provisions of sewers, water and other required utilities.

(b) In addition, the following documentation shall accompany the sketch plan:

[1] Evidence that the proposal is compatible with the goals of the Village of Woodridge Master Plan.

[2] How common open space is to be owned and maintained.

[3] If the development is to be staged, a general indication of how the staging is to proceed. The sketch plan shall show the total project, whether or not the proposed development is to be staged.

(2) The Planning Board shall review the sketch plan and related documents and render a report to the applicant on the acceptability of the proposal along with recommendations for changes or improvements, if any. An unfavorable report shall state clearly the reasons therefor and, if appropriate, advise the applicant what revisions are necessary to receive acceptance.

(3) Upon receipt of the Planning Board's report, which shall be made within 62 days of the meeting at which the sketch plan is initially presented, the applicant shall submit a preliminary development plan for the project to the Planning Board, including but not limited to all information required under Chapter 350, Subdivision of Land, and for purposes of compliance with the State Environmental Quality Review Act (SEQRA). The applicant shall also submit, in the form of a letter or brief, information indicating how the development will specifically comply with or meet the special use and site plan review criteria contained in this chapter and the following additional information:

(a) An area map showing the property proposed for PUD and adjacent property, if any, owned by the applicant and all other properties, roads and easements within 500 feet of the applicant's property.

(b) The preliminary development plan shall show the location, proposed uses and height of all buildings; locations of all parking and truck loading areas, which egress thereto; location and proposed development of all open spaces; location of all existing or proposed site improvements; description and location of water supply, sewerage system and storm drainage system; location of all signs and designs of lighting facilities; the extent of building area proposed for nonresidential uses, if any; the location of existing watercourses and wetlands; and the location of municipal and fire, light and school district boundaries.

(4) Action on preliminary plan.

(a) Within 62 days of the receipt of a completed preliminary development plan, the Planning Board shall review such submission, act upon the SEQRA submission, conduct a public hearing on the development plan and recommend action to the Village Board regarding establishment of a PUD District to accommodate the project. It shall concurrently approve, disapprove or approve with the modifications the preliminary development plan, conditioning any approval on action of the Village Board with respect to the PUD District.

(b) The Planning Board shall approve the plan if it finds that:

[1] The proposed uses will not be detrimental to present and potential uses in the area surrounding the proposed district.

[2] Existing and future highways are suitable and adequate to carry anticipated traffic associated with the proposed district.

[3] Existing and future utilities are or will be adequate for the proposed development.

[4] The development plan complies with the requirements of this chapter and is consistent with the Village of Woodridge Comprehensive Plan.

(c) Preliminary approval by the Planning Board shall be in the form of a written statement to the applicant and may include recommendations to be incorporated in the final site plan. If the preliminary development plan is disapproved, the statement of the Planning Board shall contain the reasons for disapproval. The Planning Board may recommend further study and resubmission of a revised preliminary development plan.

(5) When the Planning Board has approved a development plan for a proposed district, the plans shall be filed in the office of the Village Clerk, and the Village Board shall then proceed to consider amendment of the law in accord with the Village Law, conducting a hearing and acting upon the same within 90 days of the meeting at which the Planning Board's recommendation is received. The Village Board shall, where appropriate, provide for County Planning Department review of the proposal and may attach conditions to its approval. When any planned district is not substantially developed in accordance with the approved preliminary development plan for a period of three years from the effective date of its establishment, and provided that it shall then appear that rights vested in persons acting in good faith in reliance on such zoning classification will not be prejudiced thereby, the Village Board, upon resolution and no earlier than 62 days following written notice to the applicant and general publication in a newspaper of general circulation, the Village may declare the same, by which action the change in classification to a PUD District shall be voided. The Village hereby exercises its authority under § 10 of the Municipal Home Rule to supersede § 7-708 of the New York State Village Law so as to permit voiding of a zoning change without resorting to further rezoning procedures.

(6) Final approval.

(a) After the Planning Board has approved the preliminary development plan, and provided the Village Board has approved the establishment of the PUD District, the applicant shall prepare a final development plan, including all information required under Chapter 350, Subdivision of Land, and submit it to the Planning Board for final approval.

(b) Where more than 12 months have elapsed between the date of preliminary approval and the time of submission of the final development plan, and where the Planning Board finds that conditions affecting the plan have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary development plan for further review and possible revision prior to accepting the proposed final development plan for approval by the Planning Board. The applicant(s) may, or the Planning Board may require the applicant to, submit the final development plan in stages.

(c) The final development plan shall conform substantially to the preliminary development plan approved by the Planning Board and meet all requirements set forth in the Subdivision Local Law pertaining to final plans. It shall incorporate any revisions or other features that may have been recommended by the Planning Board and/or the Village Board at the time of preliminary review.

(d) Within 62 days of the receipt of a completed application for final development plan approval, the Planning Board shall review and act on such submissions and so notify the Village Board. If no decision is made within 62 days, the final development plan shall be considered approved.

(e) Upon approving an application, the Planning Board shall endorse its approval on a copy of the final development plan and shall forward it to the Building Inspector, who may then issue a building permit to the applicant if the project conforms to all other applicable requirements of the Village.

(f) If the application is disapproved, the Planning Board shall notify the applicant and Village Board of its decision, in writing, and its reasons for disapproval.

(g) Final development plan approval shall constitute final development plan approval under Chapter 350, Subdivision of Land, and the provisions of § 400-77 of the Village Code, and a copy shall be filed in the Sullivan County Clerk's office.

(h) No building permits shall be issued for construction within a PUD District until all required improvements are installed or a performance bond is posted in accordance with the procedures provided by Chapter 350, Subdivision of Land, and § 400-77 of the Village Code.

C. General requirements.

(1) Location. A PUD District may be permitted in any RR, R-1, R-2 or VC District.

(2) Minimum site area. A PUD District should comprise at least 20 contiguous acres of land.

(3) Density and open space. The density and open space standards applicable to conservation subdivisions shall also apply to all PUD projects.

(4) Utilities. All uses situated in a PUD District shall be served by central water and sewerage systems. All water, sewer and gas lines and all other lines providing power and communication service shall be installed underground in the manner prescribed by the appropriate state and local agency and/or utility company having jurisdiction.

(5) Permitted uses. All residential uses, except mobile homes, hotels, motels and resorts, shall be permitted in PUD Districts. No commercial uses shall be permitted except as may be provided through the zoning amendment made to allow for the PUD.

(6) Other zoning regulations. With the exception of lot and yard requirements and other standards which may be waived or modified by the Planning Board, the PUD District shall comply with all other provisions of this chapter. No modification or waiving of density standards generally applicable to PUD Districts shall be permitted. Density for nonresidential uses shall be determined on the basis of projected sewage flows, with an equivalent dwelling unit being that amount of flow normally associated with a one-family residential dwelling.

(7) Ownership. The land proposed for a PUD District may be owned, leased or controlled either by an individual, corporation or by a group of individuals or corporations. PUD District applications shall be filed by the owner or jointly by all owners of the property included in the application. In the case of multiple ownership, the approved plan shall be binding on all owners.

(8) Organization. A PUD District may be organized as a condominium, a cooperative, a leasehold or held in individual or corporate ownership. If a homeowners' association (HOA) is to be established, and one shall be required if any property is to be held in common, such HOA shall be organized as provided for conservation subdivisions in the Chapter 350, Subdivision of Land.

§ 400-22 Multifamily residential uses.

A. Multifamily dwelling projects shall be considered major subdivisions. This "major subdivision" classification shall apply to all subdivisions of property in connection with the development, regardless of whether or not the same are connected with building development, and the approvals required shall be requested and acted upon concurrently as one subdivision. Application for preliminary approval of multifamily dwelling projects, accordingly, will be made to the Village in the manner provided under Chapter 350, Subdivision of Land. The subdivider shall also submit all information required by such regulations plus the following additional data:

(1) An application for approval on a form to be supplied by the Village or, in the absence of such form, by a letter or brief from the developer or his or her representative indicating how the development will specifically comply with or meet the criteria set forth herein.

(2) A proposed plot plan showing the approximate (generally within five feet) locations of all buildings and improvements, including parking areas, planting strips (if any), signs, storm drainage facilities, water supply, sewage treatment and collection systems and the specific areas provided as open space in connection with the requirements of this chapter. Building layouts, floor plans and profiles shall also be provided indicating building dimensions, numbers, and sizes of units, common ownership or use areas (apart from the open space referenced below), lighting and such other information as shall be required to determine compliance with the design standards contained herein and any other building standards which may be applicable in Village of Woodridge. Setbacks from property lines, improvements and other buildings shall also be indicated.

(3) A schedule or plan and proposed agreement(s) either with the Village or a homeowners' association for the purpose of dedicating, in perpetuity, the use and/or ownership of the recreation area and open space required by this chapter to the prospective dwelling owners or occupants. Such agreement may be incorporated in the applicant's proposed covenants and restrictions, but shall, in any event, provide to the satisfaction of the Village that maintenance and use of the property, regardless of ownership, be restricted to either:

(a) Activities intended for the sole benefit of the occupants of the particular project proposed; or

(b) Permanent open space as hereinafter provided.

B. The Planning Board shall act on the preliminary development plan and special use application concurrently, provided an environmental assessment is also conducted pursuant to the New York State Environmental Quality Review Act. No building permit shall be issued to the applicant, however, until all conditions attached to the approval of any preliminary development plan shall have been satisfied, and nothing herein shall be construed as permitting the issuance of a building permit prior to preliminary approval and the filing of financial guarantee as required. This requirement notwithstanding, the building permit application shall be made with the development plan and shall, if granted, be valid for a period equal to that for preliminary development plan approval. If the preliminary development plan shall be rejected no building permit shall be granted.

C. Following preliminary plan approval, the developer shall provide for the installation of required or proposed improvements, including but not limited to streets, parking areas, storm drainage facilities, recreational facilities and lighting. Building improvements shall similarly be completed or guaranteed prior to the applicant's request for final development plan approval. No certificate of occupancy (where the same is required) shall, however, be issued until such time as:

(1) Final development plan approval shall have been granted in accordance with the procedures and requirements of this chapter; and

(2) Buildings have been completed and inspected by the Village Building Inspector.

D. Complete final building plans shall also be submitted as part of the final development plan application.

E. No person shall sell, transfer, lease or agree or enter into an agreement to sell or lease any land and/or buildings or interests in the individual dwelling units to be created, or erect any building thereon except in accord with the provisions of this chapter, unless and until final development plan approval shall have been granted (unless the improvements shall have been guaranteed), and the plan has been recorded in the office of the Sullivan County Clerk.

F. Multifamily dwelling density shall be limited to the same number of dwelling units per acre that would be permitted within the district if the parcel on which the units are to be constructed were to be developed for one-family residential use. Density shall be calculated by:

(1) Taking the total acreage of the development and deducting the following acreages:

(a) Land contained within public rights-of-way;

(b) Land contained within the rights-of-way of existing or proposed private streets. (Where formal rights-of-way are not involved, the width shall be assumed to be 50 feet.)

(c) Land contained within the boundaries of easements previously granted to public utility corporations providing electrical or telephone service;

(d) All wetlands, floodplains, slopes of 25% or greater grade, water bodies and other undevelopable areas (unless such areas are used for some active recreational purpose such as trails or employed for some other development purpose such as a stormwater detention area); and

(2) Dividing by the number of proposed units.

G. All areas of a multifamily development not conveyed to individual owners; and not occupied by buildings and required or proposed improvements shall remain as permanent open space or be dedicated to recreation area to be used for the sole benefit and enjoyment of the residents of the particular units being proposed. No less than 50% of the tract shall be used for this purpose and fees in lieu of dedication may not be substituted for such space. Such open space shall be subject to the following regulations:

(1) No less than 50% of the open space to be provided (25% of the total tract) shall be dedicated to recreational area for the sole benefit and enjoyment of the residents of the particular units proposed. Recreation areas (as distinct from other open space) shall be immediately adjacent (part of the same parcel and contiguous) to the proposed units and freely and safely accessible to all residents of the development. They shall not be used to fulfill open space requirements or provide recreational areas for residents of other units, excepting as provided for in Subsection G(2) below. They shall be usable for active recreational activities and shall not include wetlands, quarries, slopes over 15% in grade, water bodies or acreage used for improvements such as storm drainage facilities or sewage effluent disposal areas.

(2) Land designated as open space shall be permanently maintained as such and not be separately sold, used to meet open space or recreation area requirements for other developments, subdivided or developed, except that a holding zone may be reserved for future development pursuant to density and other zoning requirements as they presently exist, provided such lands are specifically defined and indicated as "reserved for future development" on all development plans. Such lands shall not be included in calculating permitted density for the proposed development. These provisions, however, shall not be construed as granting or reserving to the developer any rights or privileges to develop on the basis of a pre-approved plan if density or other zoning requirements shall have been modified to preclude such development.

(3) Open space areas shall be permanently maintained so that their use and enjoyment as open space are not diminished or destroyed. Such areas may be owned, preserved and maintained by dedication to a property owners' association which assumes full responsibility for maintenance of the open space and/or deed-restricted private ownership which shall prevent development of the open space, provide for its maintenance and protect the rights of owners or occupants of dwelling units to use and enjoy, in perpetuity, such portion of the open space as shall have been dedicated to recreation area for the project. This is intended to allow the owner/developer to retain ownership and use of a portion of the property (for hunting, fishing, etc.), provided the permanence of the open space is guaranteed.

(4) Whichever maintenance mechanism(s) is used, the developer shall provide, to the satisfaction of the Village Attorney and prior to the granting of any final development plan approval, for the perpetual maintenance of the open space and also the use and enjoyment of the recreation area by residents of the units being approved. No lots shall be sold nor shall any building be occupied until and unless such arrangements or agreements have been finalized and recorded.

(5) Developments of 50 units or more shall provide 1/2 acre of playground area per 50 units unless restricted to adult occupancy only.

H. All multifamily developments shall be served with central sewage facilities and water supplies. Effluent disposal areas shall also be subject to the setback requirements applicable to other multifamily buildings and structures as a minimum.

I. The following design criteria shall apply to multifamily developments:

(1) There shall be no more than 10 dwellings in each multifamily building.

(2) No structure shall be constructed within 50 feet of the edge of any access road to or through the development or within 10 feet of the edge of any parking area. No buildings shall be located within 100 feet of any pond, reservoir, lake or watercourse that is part of a water supply system.

(3) Access roads through the development shall comply with minor street requirements as specified in this chapter, and no parking space shall be designed such that a vehicle would be backing or driving out onto a through road. Instead, there shall be a defined entrance and exit to and from each parking area.

(4) Access to and egress from the proposed development shall be to a public road, and a traffic engineering study shall be an integral part of the site plan application. Such entrances and exits shall be at least 100 feet from any intersection and shall have at least 300 feet of sight distance in both directions. No multifamily development shall be served by more than one entrance and one exit from any public highway, unless topography or other physical circumstances would preclude the use of a single entrance in a safe manner.

(5) Parking spaces of two per unit shall be provided, plus, for every two units intended for rental or other transient occupancy, one additional space to accommodate parking needs during sales and other peak visitation periods.

(6) No more than 60 parking spaces shall be provided in one lot, nor more than 15 in a continuous row without being interrupted by landscaping. All off-street parking shall be adequately lighted and so arranged as to direct lighting away from residences.

(7) No structure shall be erected within a distance equal to its own height of any other structure.

(8) Where a property line is not wooded, a planting strip of 50 feet in width shall be required to buffer adjoining property owners and ensure privacy. Similar buffering of areas adjoining county and state highways shall be required. A landscaping plan shall also be prepared and submitted to the Planning Board for approval.

(9) Multifamily developments shall be subject to the stormwater management requirements of this chapter. Facilities shall be designed to accommodate storms of a twenty-five-year average frequency unless a more stringent standard shall be recommended by the Village Engineer. The general performance standard shall be that the amount of uncontrolled stormwater leaving the site along any property line after development shall not exceed that estimated for the site prior to development. In instances where stormwater facilities are impractical for engineering reasons the Board may modify this standard as it applies to a particular project but shall provide for the maximum practical reduction in flow that can be achieved under the circumstances.

(10) All electrical and other utilities shall be placed underground and buried to a depth determined by the Village Engineer as sufficient for safety purposes.

(11) In addition to the standards for landscaping set forth herein, the ground and vicinity of buildings shall be provided with decorative landscape materials subject to approval by the Planning Board.

(12) Exterior lighting along walks and near buildings shall be provided utilizing architectural-grade equipment and shall not create glare on adjoining units or adjoining properties.

(13) Walks shall be provided throughout the development area to ensure that roads shall not be required for pedestrian circulation.

(14) The Fire Inspector of the fire district in which the development is proposed shall review any development for adequate access for emergency vehicles.

(15) The side yard applicable to a multifamily structure shall be increased by 10 feet for each dwelling unit over two within the structure.

J. Maintenance of a multifamily project shall be vested in an association or other legal entity organized prior to the offering of the first unit for occupancy; or a manager, who may be the developer, or a person designated by the developer before the developer offers a unit for occupancy; or the owners or occupants of units themselves if the total number of owners or occupants within the development is not more than five. If the developer shall opt to manage the project or designate a manager, the preliminary application shall include financial statements, a description of previous management experience and other data sufficient for the Planning Board to ascertain the financial responsibility of the manager.

K. The association or manager, as the case may be, shall be responsible for maintenance, repair and replacement of the common areas of the development, including buildings and, if applicable, the furniture, fixtures and equipment within the units. The project instruments shall specify the expenses that the maintenance organization may incur and collect from purchasers as a maintenance fee and secure maintenance of the project and enforcement of applicable covenants and restrictions in perpetuity. The Planning Board may require that a certified public accountant review such financial data to determine that proposed fees are, in fact, adequate to secure maintenance on a continuing basis.

L. The developer shall, in filing a preliminary development plan, provide a narrative description of how responsibility for maintenance and care of the units and common areas will be assured and a pro forma operating budget for the maintenance organization, including a breakdown of the common expense to be borne by the maintenance organization and a separation of long-term maintenance costs from ongoing routine maintenance costs. There shall also be provided a narrative description of how the developer proposes to assure maintenance of the units and common facilities during any sales program. The Planning Board may require additional temporary facilities to accommodate service demands. Copies of all applicable instruments shall be provided, for purposes of determining that long-term arrangements for maintenance of common facilities have, in fact, been made by the developer.

M. Any developer who proposes to construct multifamily dwellings and convey the common elements of said multifamily dwelling project, including recreation areas, to an association of purchasers of units therein shall submit a maintenance bond or other performance guarantee acceptable to the Village Board and Village Attorney ensuring long-term maintenance and repair of said common elements. Such maintenance bond or other guarantee shall:

(1) Be for a period of not less than 15 years from the date of the final approval of said multifamily dwelling-transient use by the Village;

(2) Be in an amount equal to the amount collected or to be collected for long-term maintenance (as indicated in the budget referenced above) by the developer or other responsible parties from each purchaser during the first year after sales to such purchases begin, multiplied by the total number of expected purchasers.

N. If the development shall be subject to the New York State statutes governing the sale of real property used for multifamily occupancy, the developer shall certify as to his or her compliance with said statutes. To the extent the provisions of such statutes conflict with this subsection, such certification shall suffice as to conformance with these requirements.

O. Conversions of existing structures to multifamily dwelling use, regardless of whether such conversions involve structural alterations, shall be considered subdivisions and, moreover, be subject to the provisions of this chapter. Motels and hotels, however, shall not be converted to multifamily residential use. If the proposed project does involve structural alterations, the preliminary development plan shall include a certification of a registered architect or engineer to the effect that the existing building is structurally sound and that the proposed conversion will not impair structural soundness. However, the conversion of an existing one-family detached dwelling or single-family semidetached dwelling into not more than three residential units shall be exempt from these requirements, unless such units are intended to be a condominium. This shall not, however, exempt an owner from any requirements of the State Building Code or this chapter as they may pertain to such activities.

§ 400-23 Conversions of residential structures.

Any conversion of a residential structure to a more intensive residential use or a nonresidential use shall require a special use permit. Likewise, the conversion of any nonresidential use to a dwelling or dwellings shall require a special use permit. The following additional review criteria shall apply in both instances:

A. There shall be adequate parking to accommodate the new use in combination with other activities on the property or in the vicinity.

B. There shall be demonstrated sewage treatment and water supply capacity to serve any increased needs connected with the new use.

C. The conversion shall not result in increased residential density exceeding that permitted within the district. If, for example, the minimum lot size is two acres, then no more than one dwelling unit shall be permitted per two acres of lot area.

D. Conversion of a residential structure to a nonresidential use shall not be permitted where the new use is not otherwise allowed. Adaptations of any such structure should preserve its architectural integrity and residential character, except for minimal signage, required parking and other features mandated by the nature of the business.

E. A building permit shall be required for all conversions of residential structures.

§ 400-24 Mining and excavation.

A. Mining operations, including quarrying of sand, gravel or other minerals; the removal of the product from the earth; washing, screening, crushing, processing, weighing and loading for transportation; fuel storage, power generation and repair facilities shall be prohibited in all zoning districts.

B. Excavations for the construction of buildings shall be subject to the following restrictions:

(1) District setbacks from property boundaries or public rights-of-way shall apply.

(2) Man-made or natural barriers of at least six feet in height and sufficient to restrict access to any excavation of two feet below grade level, that remains open for more than 30 days, shall be provided.

(3) Dust shall be controlled at all times, and all rubbish and building materials shall be removed.

(4) The proposed excavation shall not adversely affect soil, drainage and lateral support of abutting land or other properties nor shall it contribute to soil erosion by water or wind. Adequate siltation and erosion control measures shall be utilized.

(5) Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation. Fill shall be suitable material approved by the Planning Board (or Village Board, if applicable) consisting of clean, noncombustible material containing material containing no garbage, refuse or deleterious matter.

(6) Proper measures, as determined by the Planning Board (or Village Board, if applicable), shall be taken to minimize the nuisance of noise and flying dust or rock. Such measures may include, when considered necessary, limitations upon the practice of stockpiling excavated materials on the site.

§ 400-25 Wireless communications facilities.

A. Purpose. The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Village of Woodridge; to provide standards for the safe provision of wireless telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers, and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, consideration of visual impact assessment and appropriate landscaping so as to minimize the impact upon the environment.

B. Application.

(1) No telecommunications facility, except those approved prior to the effective date of this section, shall be used unless in conformity with these regulations. No telecommunications facility shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a telecommunications facility unless in conformity with these regulations.

(2) Applicants proposing a new telecommunications facility, physical expansions of existing telecommunications facilities or the location of telecommunications facilities within or on other existing structures shall require a special use permit and site plan review hereunder.

(3) Applicants proposing to collocate new telecommunications arrays on a previously approved telecommunications facilities without extending the height thereof or otherwise physically expanding the facilities except for additional equipment buildings within previously designated fenced-in areas shall not require a special use permit or site plan review but shall require accessory use permits.

(4) All applications for special use permits to construct telecommunications facilities shall be accompanied by the following additional information where applicable:

(a) Documentation of intent from the owner of any existing facility to allow shared use of the same.

(b) A site plan depicting all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modifications of the existing facility shall also be indicated on the site plan.

(c) A professional engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of any existing structure, and explaining what modifications, if any, will be required in order to so certify. A soils report prepared by such professional engineer shall also be submitted to support the design specifications of the foundation for any new tower, and anchors for the guy wires, if used.

(d) A completed visual environmental assessment form addendum. This addendum shall be accompanied by a visual impact assessment which shall include:

[1] A Zone of Visibility Map, which shall be provided in order to determine locations where the tower may be seen.

[2] Visual representations of "before" and "after" views from key viewpoints both inside and outside of the Village, including but not limited to state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. The Board shall determine the appropriate key sites at a presubmission conference with the applicant.

[3] Assessment of alternative tower designs and color schemes (see below).

[4] Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.

[5] Review of those alternative sites determined to be feasible from an engineering perspective (see requirements below) to determine which would be in the best interest of preserving the aesthetic and natural character of the neighborhood.

(e) A certified copy of the Federal Communications Commission (FCC) license to operate the telecommunications facility.

(f) If land is leased, documentation of intent from the owner to allow use and affirming intent to remove the tower if abandoned, obsolete or unused for more than 24 months.

(g) A letter of intent committing the owner of any proposed new tower and successors in interest to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. Failure to abide by the conditions outlined in the letter may be grounds for revocation of any special use permit granted. The letter shall commit the new tower owner and his/her successors in interest to:

[1] Respond in 90 days to a request for information from a potential shared-use applicant.

[2] Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.

[3] Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation, and all the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

(h) Documentation that the proposed tower adequately addresses all aspects of aviation safety in view of known local aviation traffic as well as Federal Aviation Regulations (Code of Federal Regulations Part 77).

(i) All property owners and adjacent municipalities within 500 feet of the outside perimeter of the communications structure, including guy wires, shall be notified by certified mail at least 10 days prior to the Planning Board granting special use approval for such a structure. This responsibility shall be the applicant's and such applicant shall provide proof of notification as part of its final application.

(j) A site location alternative analysis, including an analysis of the location priorities set forth above, describing the locations of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:

[1] How the proposed location of the wireless telecommunication tower or antennas relates to the objective of providing full wireless communication services within the Village of Woodridge.

[2] How the proposed location of the wireless telecommunications tower/facility relates to the location of any existing antennas or towers within or near the Woodridge area.

[3] How the proposed location of the wireless telecommunications tower/facility relates to the anticipated need for additional antennas or towers within and near the Village of Woodridge by the applicant, and by other providers of wireless telecommunications services within the area.

[4] How the proposed location of the wireless telecommunications tower/facility relates to the Village's goal of maintaining concealed or reduced tower height with groups of towers within close proximity to one another rather than isolated, taller towers with many users at greater tower heights at random locations throughout the Village of Woodridge.

C. Special definitions. As used in this section, the following definitions shall have the meanings indicated:

ANTENNA

A device of 35 or more feet in height used to collect or transmit telecommunications or radio signals. Examples are: panels, microwave dishes, and single poles known as "whips." This definition is not meant to include home television or amateur radio apparatus.

ARRAY

A telecommunications signal receiving or transmitting device attached to telecommunications tower and not extending the height thereof.

TELECOMMUNICATIONS EQUIPMENT BUILDING

The building in which the electronic receiving and relay equipment for a telecommunications facility is housed.

TELECOMMUNICATIONS FACILITY

Consists of the equipment and structures involved in receiving or transmitting telecommunications or radio signals, but limited to those facilities with respect to which the state and federal governments have not, under public utility laws, strictly preempted the Village of Woodridge from regulating.

TOWER

A structure of 35 or more feet in height that is intended to support equipment used to transmit and/or receive telecommunications signals. Examples of such structures include monopoles and lattice construction steel structures.

D. Design and location standards. The following design and location standards shall apply to all telecommunications facilities:

(1) The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.

(2) An evergreen screen consisting of a row of eight-foot high evergreen trees planted 10 feet on center, maximum, shall be located around the perimeter of the security fence. The Planning Board may, however, modify or waive screening requirements if the site is entirely or partially wooded so as to provide existing screening. Existing on-site vegetation shall be preserved to the maximum extent possible.

(3) An eight-foot high security fence shall completely surround the tower (and guy wires if used) and equipment building.

(4) The tower and antenna shall be designed and constructed to all applicable standards of the American National Standards Institute, TAI/EIA-222-F manual, as amended, and withstand wind gusts of up to 100 miles per hour.

(5) An antenna may not be located on a building or structure that is listed on an historic register or within 500 feet of such a structure.

(6) Telecommunications facilities shall be permitted as a sole use on any lot in a AC, RD, IC or SC District subject to special use procedures and the following:

(a) Bulk regulations.

[1] Minimum lot size.

[2] Minimum yard setback requirements: 200 feet.

[3] Maximum height:

[a] Tower: 200 feet.

[b] Equipment building: 30 feet.

(b) Provided no residences directly adjoin the site, and the applicant can demonstrate that lesser standards will not, because of buffers and screening, have a major aesthetic impact on the area or unduly interfere with the use and enjoyment of such adjacent properties, these minimums may be reduced to minimums otherwise applicable in the zoning district. Also, setback requirements may specifically be reduced to the fall-down limit plus 15 feet, where the net effect of requiring the full setback would be to necessitate additional lighting or tower height. Maximum height requirements may be exceeded, provided such height can be demonstrated to be absolutely necessary and the additional height is matched with an equal amount of additional setbacks on all sides.

(7) A telecommunications facility shall be permitted on a property with an existing use subject to the following conditions:

(a) The telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.

(b) Minimum lot area. The minimum lot area required above shall apply to the area proposed for use as a telecommunications facility and the land remaining for accommodation of the principal use on the lot shall comply with the standard minimum lot area for the district.

(c) Minimum setbacks. The minimum yards required above shall apply to the area proposed for use as a telecommunications facility and the land remaining for accommodation of the principal use on the lot shall comply with the standard minimum yard provisions of the district.

(d) Access. The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

(e) Maximum height:

[1] Tower: 200 feet.

[2] Equipment building: 30 feet.

(8) Where an antenna for a telecommunications facility is to be attached to an existing structure or building it shall be subject to the following conditions:

(a) Maximum height: 75 feet above the existing building or structure.

(b) If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the minimum setback requirements for the subject zoning district, an eight-foot high security fence shall surround the building, a buffer yard shall be planted as required above and vehicular access to the building shall not interfere with the parking or vehicular circulations on the site for the principal use.

(c) Elevations of existing and proposed structures, showing width, depth, and height, use statistical data on the antenna and support structure, shall be presented.

(d) The antenna or array shall be camouflaged or otherwise designed to be aesthetically compatible with the existing architectural and natural environment.

(9) Notwithstanding minimum setbacks provided for above, any tower shall be set back from all property lines a distance that is at least equal to the height of the tower.

(10) Vehicular access shall be provided to the facility and be of such passable condition as to be safely accessible by emergency and maintenance vehicles and equipment. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the edge of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Parking shall be provided to assure adequate emergency and service access in accordance with the Code.

(11) No signs shall be permitted on either the tower or equipment building, except for those signs required by law or containing such information as owner contact information, warnings. These signs shall not exceed two square feet in total area. Absolutely no commercial advertising shall be permitted on any wireless telecommunications tower or equipment building.

E. Plan review criteria. Communications facilities shall be subject to all the ordinary review criteria applicable to special uses plus the following:

(1) The Planning Board shall be satisfied that the tower for the communications facility is the minimum height necessary for the service area and that the site chosen is the one that will afford the opportunity to construct the lowest height communications tower possible, taking into consideration all lands available within a reasonable distance, including those which may lie within adjoining municipalities.

(2) The need for additional buffer yard treatment shall be evaluated. Proximity of the communications structure to existing or platted residential properties shall be considered in applying such requirements. Existing trees on the site which serve to provide a natural buffer shall be preserved unless absolutely required to be removed for purposes of access or safety.

(3) Visual assessment data shall be used to determine how the communications facility will appear once constructed in relation to the surrounding natural environment and from the perspective of adjacent or nearby residents as well as travelers. Camouflaging or relocation of the structure may be required. The Planning Board shall also consider alternative sites in assessing visual impacts and the imposing of conditions as may be required to minimize such impacts, including requirements that any tower be of a shape, contour and finish (either painted or unpainted) that minimizes its visual impact. The Planning Board may also require a tower to be in the shape of a tree, flagpole, church steeple or other similar tall structures. Accessory structures shall similarly maximize the use of building materials, colors and textures designed to blend with natural surroundings.

(4) Freestanding pole-type communications structures shall be given preference over towers supported by guy wires.

(5) All communications structures shall be lighted for safety in a manner consistent with industry best practices, and where lighted, additional setbacks may be imposed to shield adjacent properties from the effects of such lighting.

(6) Should any tower cease to be used as a communications facility, the owner or operator or the owner of the land on which the tower is located shall be required to remove the same within one year from the abandonment of use. Failure to do so shall authorize the Village of Woodridge to remove the facility and charge back the cost of removal to the foregoing parties. The Village of Woodridge may also file a municipal lien against the land to recover the costs of removal and attorney's fees.

(7) Shared use of existing structures (for example, municipal water towers, multistory buildings, church steeples and farm silos) and existing or approved towers shall be given preference over construction of new towers. Where shared use of all existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D(11) above. Any proposals for a new telecommunications tower on an existing site shall also be subject to special use permit procedures.

(8) An applicant for approval of a communications structure shall include with the application evidence of written contact with all wireless service providers who supply service within the Town for the purpose of assessing the feasibility of collocated facilities and collocation shall be mandatory wherever physically feasible. Should collocation not be feasible, the applicant shall demonstrate that a good faith effort has been made to mount the antenna on an existing building or structure, including proof of contacts, building investigations and similar evidence. Should such efforts fail to result in a suitable site, a new communications tower may be permitted, but shall be constructed to provide available capacity for other providers should there be a future additional need for such facilities, including provision of the necessary tower height to accommodate such other users without adding additional height in the future. Where collocation is proposed, the different companies using the facility shall also work from common maintenance and service buildings, if the same are located on the site.

§ 400-26 Cluster development (conservation subdivisions).

A. The Village of Woodridge Planning Board shall be authorized, pursuant to § 7-738 of the Village Law and simultaneously with the approval of development plans under Chapter 350, Subdivision of Land, to modify applicable provisions of this chapter so as to accommodate conservation subdivision projects. Also known as "cluster development," conservation subdivisions offer flexibility in design, facilitate the economical provision of streets and utilities and preserve open space. They shall be allowed anywhere within the Village of Woodridge except the BLI District and be processed pursuant to subdivision plan approval procedures.

B. Cluster development may also be required by the Planning Board where this form of design would better preserve open space and reduce infrastructure extension needs.

C. The Planning Board may require conservation/cluster subdivisions, as a form of development, in those instances where conventional subdivisions or residential developments would cause significant loss of open space, agricultural lands or otherwise result in significant negative environmental impacts.

D. Conservation/cluster subdivisions provide for one-family or two-family dwelling units wherein dwelling units are grouped in sections in order to maximize the amount of common open space and to preserve the natural settings. Proposed developments shall be processed in the same manner as a major subdivisions and in accord with the standards below.

E. Conservation/cluster subdivisions shall include at least five lots and the Planning Board shall have the authority to require an alternative sketch development plan, for any subdivision of five lots or more, depicting how the property might be developed using this technique. If this alternative sketch development plan is determined to provide a superior design in accord with the purposes of this chapter and the same density can be achieved the Planning Board may then require use of this technique.

F. The maximum permitted number of dwelling units shall be determined from the sketch plan submitted for a conventional subdivision. Such yield plan shall illustrate all proposed lots, streets, rights-of-way and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. Nevertheless, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances, the type of sewage system proposed, and, if unsewered, the suitability of soils for subsurface sewage disposal. The yield plan shall also be based on minimum lot sizes and other development standards for the zoning district involved.

G. Only one-family detached and two-family dwellings shall be employed in this concept. All other dwelling types shall be considered multifamily dwellings.

H. Development standards for lot size, lot width and lot depth may be reduced, provided no dwelling structure (one-family or two-family) is located on less than 40,000 square feet of land where on-site sewer and water facilities are to be provided or 7,500 square feet of land where centrally supplied sewer and water facilities are to be provided; and further provided the total density (in individual dwelling units) for the tract shall not exceed that which would result from a conventional subdivision plan designed in accord with this chapter. Yard requirements may also be reduced, but in no instance to less than 20 feet.

I. No individual parcel of common open space shall be less than one acre except as to roadway median strips, traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainageways leading directly to streams, historic sites or unique natural features requiring common ownership protection. No less than 50% of the total land area of the conservation subdivision shall be dedicated to permanent open space and at least 25% of the such open space shall be usable for active recreational activities by residents of the subdivision and not include water bodies, wetlands, floodplains, slopes over 15% in grade or other undevelopable areas.

J. The open space resulting from conservation subdivision design shall be permanently protected through a conservation easement titled to a property owner's association (HOA), land conservancy, municipality or similar entity, prior to the sale of any lots or dwelling units by the subdivision. Membership in any HOA shall be mandatory for each property owner within the subdivision and successive owners with voting of one vote per lot or unit and the subdivider's control, therefore, passing to the individual lot/unit owners on sale of the majority of the lots or units. All restrictions on the ownership, use and maintenance of common open space shall be permanent and the HOA shall be responsible for liability insurance, local taxes, and maintenance of all open space, recreational facilities and other commonly held amenities. Each property owner must be required to pay his or her proportionate share of the HOA's cost, and the HOA must be able to file liens on the lot/unit owner's property if levied assessments are not paid. The HOA must also have the ability to adjust the assessment to meet changing needs.

K. The use of outdoor public address systems is strictly prohibited.

§ 400-27 Animal husbandry, animal hospitals and commercial agriculture.

The following additional standards must be met in conducting animal husbandry and commercial agricultural operations:

A. Non-animal agriculture operations, such as the raising of field, greenhouse, nursery and garden crops, sod and vineyard and orchard farming, shall be permitted in all zoning districts. Animal agriculture shall not be permitted in the Village of Woodridge.

B. Animal hospitals or veterinary clinics and animal kennels shall, where permitted, be subject to the following standards:

(1) The minimum lot size for an animal kennel (a structure used for harboring five or more dogs or cats with or without attendant commercial services such as grooming, breeding or veterinary care) shall be three acres.

(2) No animal kennel, runway or exercise pen shall be located within 500 feet of any lot or street line.

(3) No building or part thereof shall be erected nearer than 50 feet to any lot line.

(4) For animal hospitals and veterinary clinics, all facilities other than exercise pens and runways shall be maintained in enclosed structures which shall be of soundproof construction and so maintained as to produce no dust or odors at the property line.

(5) The keeping or boarding of any dogs by a veterinarian shall conform to the requirements for a commercial kennel.

(6) All facilities shall be permanently screened from all surrounding properties.

(7) In issuing the special use permit, the Planning Board shall stipulate the maximum number and type of animals to be boarded, harbored or trained.

C. The keeping of other animals shall be limited to household pets such as dogs and cats. No more than four such domestic pets shall be kept on any lot.

[Amended 4-20-2015 by L.L. No. 1-2015]

§ 400-28 Camps and schools.

[Amended 9-4-2007 by L.L. No. 1-2007]

Camps and schools shall be permitted as special uses in a subzone of the RR Residential Resort District to be known as RR-S Residential Resort - Special District. Such subzone shall be subject to all the provisions of the RR Residential Resort District, excepting that camps and schools shall be permitted as special uses within said sub-zone, subject to such standards as are set forth in this section. The boundaries of the RR-S Residential Resort - Special District shall be as designated below:

A. Camps. A "camp" is hereby defined as a combination of educational and/or recreational facilities with dwelling structures where organized programs are conducted primarily for youth and where occupancy is limited to the months of May through October.

(1) No camp shall be established on a parcel of less than five acres in lot area. All camps shall provide a minimum of 10,000 square feet of lot area per cabin or cottage site and the same for each principal building. No existing structure shall be converted for use as camp facilities unless such camp facilities shall fully comply with the standards of this section.

(2) No activity area or facility shall be located nearer than 100 feet from any public road and 100 feet from any adjoining property line.

(3) Buildings and sleeping quarters shall be set back 50 feet in distance from each other.

(4) Cabins or cottages in conjunction with any camp facility shall be limited to one-family occupancy as defined herein or a maximum of six persons each. All cabins and cottages shall be constructed to meet New York State Building Code requirements for permanent structures and shall provide a minimum of 125 square feet of floor area per intended occupant.

(5) Accessory recreational facilities shall be set back 200 feet from all lot lines and shall be effectively screened along lot lines as required by the Planning Board.

(6) If floodlighting is used, exterior lighting shall be restricted to that essential for the safety and convenience of the users of the premises; and the source of such illumination shall be shielded from the view of all surrounding streets and lots.

(7) The use of outdoor public address systems is strictly prohibited. This provision shall apply to existing as well as new camps.

(8) All structures and uses shall be effectively screened along lot lines, as required by the Planning Board.

(9) All regulations of the New York State Health Department pertaining to camps and their sanitary facilities shall be met.

(10) Camps shall be limited to occupancy during the months of May through October. Any conversion to permanent use or use during other months of the year shall be limited to activities otherwise permitted within the RR Residential Resort District and similarly require special use approval.[1]

[1] Editor’s Note: Former Subsection A(11), which prohibited basement areas from being used as sleeping areas, was repealed 4-15-2019 by L.L. No. 2-2019.

B. Schools. A "school" is hereby defined as a combination of educational or recreational facilities with or without dwelling structures that is registered with the New York State Department of Education and where organized educational programs are conducted primarily for youth. This shall include but not be limited to charter schools, day schools, parochial/religious schools, private schools, public schools and seasonal recreational camps that incorporate regular educational programs, but exclude nursery schools. Schools shall not be considered "institutions" as defined herein.

[Amended 4-20-2015 by L.L. No. 1-2015]

(1) No school shall be established on a parcel of less than five acres in lot area. All schools involving dwellings or dormitories shall provide a minimum of 10,000 square feet of lot area per cabin, cottage or dormitory site and the same for each principal building. No existing structure shall be converted for use as school facilities unless such facilities shall fully comply with the standards of this section.

(2) No activity area or facility shall be located nearer than 100 feet from any public road and 100 feet from any adjoining property line.

(3) Buildings and sleeping quarters shall be set back 50 feet in distance from each other.

(4) Cabins or cottages in conjunction with any school facility shall be limited to one-family occupancy as defined herein or a maximum of six persons each. All cabins and cottages shall be constructed to meet New York State Building Code requirements for permanent structures and shall provide a minimum of 125 square feet of floor area per intended occupant. Any other dormitory or similar structures shall be provided with a minimum of 125 square feet of floor area per intended occupant.

(5) Accessory recreational facilities shall be set back 200 feet from all lot lines and shall be effectively screened along lot lines as required by the Planning Board.

(6) If floodlighting is used, exterior lighting shall be restricted to that essential for the safety and convenience of the users of the premises; and the source of such illumination shall be shielded from the view of all surrounding streets and lots.

(7) The use of outdoor public address systems is strictly prohibited. This provision shall apply to existing as well as new schools.

(8) All structures and uses shall be effectively screened along lot lines, as required by the Planning Board.

(9) All regulations of the New York State Health Department pertaining to schools and their sanitary facilities shall be met.[2]

[2] Editor’s Note: Former Subsection B(10), which prohibited basement areas from being used as sleeping areas, was repealed 4-15-2019 by L.L. No. 2-2019.

C. Staff housing. A camp or school, as herein defined, that is located within the RR-S Residential Resort-Special District shall be entitled to establish staff housing and construct multifamily or clustered single-family or two-family dwellings for purposes of the same. Such housing shall be collectively owned, maintained and operated by the management of the camp or school, and shall only be occupied by camp or school staff, and shall not be sold to other persons or entitles. Notwithstanding these provisions, the following specific minimum standards shall apply to such staff housing:

[Added 10-19-2015 by L.L. No. 10-2015; amended 4-15-2019 by L.L. No. 2-2019]

(1) A designated minimum lot area of 10,000 square feet per staff housing unit shall apply; such lot area shall exclude wetlands, floodplains, slopes of 25% or greater grade, water bodies and other undevelopable areas such as utility easements, as well as required open space.

(2) The separation between staff housing units shall be a minimum of 25 feet, not including decks or similar features which may extend no more than a combined total of seven additional feet into such buffer area, such that an unoccupied area of no less than 18 feel shall be preserved between all structures.

(3) Staff housing shall have a minimum setback of 100 feet from any public road and 50 feet from any adjoining property line or interior road.

(4) Staff housing units may include finished basements.

(5) There shall be a maximum of six bedrooms per staff housing unit with a minimum habitable floor area per dwelling of 120 square feet per occupant.

(6) Any designated staff housing area shall include a minimum of 50% open space (a minimum of 5,000 square feet per unit of staff housing) for the specifically designated staff housing area of the camp or school. This shall include a minimum of 10,000 square feet of playground for each 25 units of staff housing provided. Such specifically designated staff housing area shall be defined by metes and bounds and neither the staff housing development area nor the associated required open space shall occupy or overlap any other required open space demanded by § 400-22 hereof or any other open space requirement of this Code.

(7) Staff housing approvals shall be subject to obtaining any other local, county or state approvals required for water, sewer, health facilities and/or stormwater pollution prevention.

(8) Staff housing shall, with respect to items not already addressed in this § 400-28C comply, to the extent applicable, with development standards of § 400-28A and B.

(9) The Zoning Map of the Village of Woodridge shall be amended and modified so that the attached area consisting of a portion of SBL Lot # 115-1-5 shall hereafter be included in the RR-S District in the Village of Woodridge.

§ 400-29 Hotels, motels and resorts.

Hotel, motel and resort establishments, where permitted, shall require special use review by the Planning Board and be subject to the following standards:

A. A site to be used for a motel, hotel or resort establishment shall include an office and lobby and may include accessory uses as follows: restaurants, coffee shops or cafeterias providing food and drink, amusement and sport facilities such as a swimming pool, children's playground, tennis or other game sports, and game or recreational rooms.

B. Lot area shall be a minimum of two acres plus one acre for each 15 rooms beyond the first 20 with not less than 200 feet of frontage on a Village, town, county, state or federal highway.

C. Points of ingress and egress shall be limited to a total of two or any street. All off-street parking areas shall be at least 25 feet from all property lines, and parking areas serving a restaurant, cafeteria or coffee shop shall be at least 20 feet from all motel dormitory units.

D. Individual hotel, motel and resort rooms shall not contain kitchen facilities of any nature, and shall not be used as apartments for nontransient tenants or other single-room occupancy residential uses.

E. No hotel, motel or resort use shall be permitted which is intended to accommodate activities of a health care, rehabilitative or medical nature. Such facilities shall be considered separate uses and limited to those zoning districts where specifically permitted by listing on the Schedule of District Regulations.[1]

[1] Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.

F. The exterior treatment, including colors, textures and materials, of all structures within a hotel or motel development shall be muted and blend into the surrounding landscape or adjacent land uses. Lighting throughout the area shall not exceed 1.5 footcandles (average reflective method) at ground level except in the case of recreational facilities, which may be illuminated in excess of that standard, provided that opaque screening is utilized to entirely block the reflected glare of the area from adjacent uses.

G. Public announcement systems connected with these uses shall be operated strictly in accord with the noise standards found in § 400-17 hereof.

§ 400-30 Health and senior care facilities.

A. Hospitals, nursing homes and other health and senior care facilities are permitted as specified on the Schedule of District Regulations,[1] provided that there are no facilities for treatment or incarceration of the criminally insane or for involuntary commitment for psychiatric care or addictive therapy. Senior life care facilities shall be defined as any premises containing sleeping rooms, with or without kitchens, or living units used by persons who are lodged and furnished with optional meals, health care or other supportive services connected with the activities of daily living; including nursing homes, assisted and independent living projects and other similar uses primarily intended for the elderly or infirm; and not including group homes, hospitals, clinics or alcohol and drug rehabilitation facilities. Senior care facilities may receive, at the discretion of the Planning Board, up to a one-hundred-percent density bonus above other multifamily dwellings but be subject to all other applicable multifamily dwelling standards.

[1] Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.

B. Hospitals providing community general hospital care, including outpatient mental health services, are permitted on lots with the minimum area and lot width specified for the applicable zoning district, provided that all other requirements are in full compliance with these regulations.

C. In addition to approval of a special permit for a hospital, nursing home or convalescent home, the Planning Board may also allow, in separate facilities upon the same or an abutting lot, offices and facilities for administration, doctors' offices, dispensaries or other like uses that are clearly accessory to the principal use, provided that such facilities shall observe the setbacks for the principal use from any property line other than property lines which adjoin another such hospital. Such facilities need not be in the same ownership.

§ 400-31 Nursery schools and child day-care centers.

The following shall apply to nursery schools and child day-care centers:

A. A buffer landscape strip shall be required to protect play yards from dust, dirt and noise as well as to screen and protect adjacent properties from site-generated noise. The landscaped strip shall be densely planted in shrubs and trees to create an opaque screen. No plantings shall cause an interference with required lines of sight for entry and exit drives.

B. Outdoor play areas shall be provided with a minimum space of 40 square feet per child. Play areas shall include turf grass areas and space for play equipment and circulation. Play areas shall not exceed 10% in slope.

C. Fencing not less than four feet high and not greater than six feet high shall be required in addition to a landscape strip, unless it can be demonstrated to the satisfaction of the Planning Board not to be necessary for the protection of health and safety. Only a day-care center that is on a local road may apply for the waiver.

D. Such use shall require certification from appropriate state agencies.

§ 400-32 Automotive service stations and auto body shops.

The following shall apply to automotive service stations and auto body shops:

A. Strict compliance with New York State standards shall be required in the design and construction of devices for storing and handling gasoline and other products to keep the hazards of fire, explosion and pollution involving the same to a minimum.

B. The minimum required lot area for such use shall be 15,000 square feet.

C. There shall be safe and adequate sight distance in each direction along the highway on which the property has access (no less than 150 feet), and the use of the property shall not otherwise create a traffic hazard.

D. Pumps and other devices, including all signs, shall be located at least 20 feet from any street line.

E. All automobile parts, dismantled vehicles and similar articles shall be stored within a building.

F. The illuminated parts of and lettering which are customarily part of or affixed to gasoline pumps shall not be deemed signs.

G. No more than five wrecked, partially dismantled or unlicensed vehicles shall be kept on the premises, and all such vehicles shall be kept within a building or concealed behind a board fence at least six feet high which shall be erected and maintained in a manner approved by the Code Enforcement Officer.

H. No dead storage or parking of vehicles shall be permitted, except vehicles awaiting immediate service or repair or those vehicles impounded at the direction of the police.

I. A minimum ten-foot wide landscaped buffer shall be provided on side and rear yards. The landscaping provisions hereof shall apply.

J. For auto body shops, said shop shall be licensed by the applicable regulating agency. A copy of said license shall be filed as part of the special permit application.

§ 400-33 Bed-and-breakfasts.

A. A bed-and-breakfast facility shall require a minimum lot area of one-half acre for the first four guest rooms.

B. One additional guest room may be provided for every additional 1/4 acre up to a maximum of 12 guest rooms.

C. The owner shall demonstrate that there are adequate sewer and water supply facilities to serve the guests to be accommodated.

D. No bed-and-breakfast facility shall lodge persons for more than two months at a time.

E. No bed-and-breakfast facility outside a district where restaurants are otherwise permitted shall regularly offer meals to the general public for remuneration except in connection with room rentals.

§ 400-34 Outdoor display/storage of merchandise.

A. Yard sales. Individual private family yard sales are a permitted use in all zoning districts. They shall require permits from the Village Clerk and be subject to the following specific regulations and requirements:

(1) Each individual property location may have a maximum of five yard sales during any one calendar year. Each sale shall last a maximum of three consecutive days.

(2) All items shall be placed and offered for sale within the confines of the property described in the permit.

(3) Yard sales are meant to allow individuals to offer for sale accumulated normal household items or arts and crafts; and the buying and selling of commercial or surplus material shall be considered a commercial operation and shall be prohibited unless otherwise specifically permitted herein.

B. Flea markets and tent sales. Business owners, churches, schools and other commercial or nonprofit organizations within all districts other than R-1 may conduct flea markets and tent sales, provided no more than three such sales shall be conducted per calendar year and each sale is limited to four days in length. A flea market is hereby defined for these purposes as an occasional or periodic market held in an open area or structure where individual sellers or groups of sellers offer goods for sale to the public on a commercial basis. The enterprise shall not be conducted within required yards, on public rights-of-way or without otherwise complying with parking, lighting, noise and signage requirements of this chapter.

C. Seasonal roadside stands. Temporary seasonal roadside produce stands used to sell garden or farm produce shall be permitted within RR, VC and BLI Districts, and in conjunction with any other agricultural use, provided these activities only take place between March 1 and December 31 and are limited to 500 square feet or less in display area. No permanent structures shall be permitted in connection with such uses. The enterprise shall also not be conducted within required yards, on public rights-of-way or without otherwise complying with parking, lighting or signage requirements of this chapter.

D. Other temporary or permanent outdoor commercial display and storage. Unless otherwise permitted by this chapter, there shall be no temporary or permanent outdoor commercial display and storage of merchandise for sale, including multiple used motor vehicles, except as a special use. The Planning Board shall consider the following in reviewing such applications:

(1) The location and size of the proposed use.

(2) The nature and intensity of the operations involved.

(3) The size of the site relative to the use and its location with respect to highways or streets giving access to it.

(4) Whether such use will discourage appropriate development and use of adjacent land or buildings or impair their value.

(5) Whether there are any characteristics of such use that will be objectionable to occupants of nearby properties.

(6) The electric lighting and advertising that will be involved in such use.

(7) Any other pertinent information that may be necessary to determine if such proposed special use meets the requirements of this chapter and the public convenience, welfare and safety.

(8) Automobile or equipment related uses involving outdoor display or storage of automobiles or equipment on a commercial basis shall be limited to districts where such uses are otherwise permitted.

§ 400-35 Institutions.

Institutional uses are permitted, on both general and specific bases, as special uses within specified zoning districts (see Schedule of District Regulations[1]). The Planning Board recognizes the broad range of community benefits and enrichment contributed by uses of this class. However, due to the wide range of possible uses and their potential for disruption of community services and incompatible conditions within established neighborhoods, the Planning Board reserves the authority to attach conditions to special use permits for construction or conversion of existing uses to institutional uses.

A. The Planning Board shall require that the applicant submit a detailed description of the operation of any proposed such facility, setting forth fully the extent of public services required in support of such use, including, but not limited to: maintenance of access from the nearest state highway or county road; educational services, including any capital construction; recreation requirements; fire protection (including evidence of insurability); police services (grounds security, etc.) and municipal administration. If it shall appear that the proposed use will create fiscal demands upon the Village in excess of the Village's financial capacity to absorb such costs or in sharp contrast to the benefits to Village residents, the Planning Board may require alternative arrangements for provisions of such services at the applicant's expense or the payment of reasonable fees in lieu thereof.

B. In the case of institutions that provide accommodations for participants thereof for periods in excess of 24 hours, the Planning Board shall require that records of such participants be maintained in the same manner as set forth in the New York regulations for innkeepers, and such uses shall also meet the standards of § 400-29 hereof.

C. In granting such special use permit, in addition to the conditions authorized by this section, the Planning Board shall limit the intensity and use of structures or buildings to the extent that such structures or buildings are used for conventional uses permitted in the district where located. Such limitation shall include in detail the scope of operations submitted by the applicant as may be modified by the Planning Board in the interest of the public health and safety. All accessory uses to institutional uses shall comply with the provisions of this chapter for area, setbacks, access and supplementary regulations.

[1] Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.

§ 400-36 Adult uses.

A. Findings. There is presently in Sullivan County a substantial growth in the number of adult entertainment uses and an increasing trend toward the concentration of adult entertainment establishments. Based upon recent studies evaluating the nature and extent of adverse secondary effects caused by adult uses in residential and commercial areas, including a 1996 study by the City of Newburgh, a 1994 study by the City of New York, and a 1980 study by the City of Islip, the Village Board hereby finds that adult uses have negative secondary impacts such as a deterioration of community character and quality of life, depreciation of property values, increase in crime rates, and the blighting or downgrading of surrounding neighborhoods and commercial uses.

B. Purpose. In the development and execution of this section, it is recognized that there are some adult uses which, because of their very nature, are recognized as having serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of surrounding neighborhoods or land uses, increase crime or police calls, contribute to the spread of prostitution and AIDS, increase the quantity of transients in residential and commercial areas, cause a deterioration in the quality of life in residential neighborhoods, increase the accessibility of adult-oriented material and entertainment to minors, and encourage residents and businesses to locate elsewhere.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

SPECIFIED ANATOMICAL AREAS

(1) Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately about the top of the areola; or

(2) Human male genitals in a discernible turgid state even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

(1) Human genitals in a state of sexual stimulation or arousal; or

(2) Acts of human masturbation, sexual intercourse or sodomy; or

(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

D. Location standards. Adult uses shall be permitted in the BLI District subject to special use standards and the following additional site plan review criteria:

(1) No adult use shall be located within a five-hundred-foot radius of any residence or other residential or commercial zoning district.

(2) No adult use shall be located within a one-thousand-foot radius of the property of any church, synagogue, mosque or other place of religious worship.

(3) No adult use shall be located within a one-thousand-foot radius of any school, park, civic or youth-oriented center, playground or playing field.

(4) No adult use shall be located within a five-hundred-foot radius of the property of another adult use.

(5) The proposed adult use shall not be contrary to the public interest or injurious to nearby properties.

(6) The proposed adult use shall not be contrary or injurious to any program of neighborhood conservation or improvement, either residential or nonresidential.

E. Exterior display prohibited. No adult use shall be conducted in any manner that allows the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way. This provision shall apply to any display, decoration, sign, show window or other opening.

F. Touching and close-in entertaining prohibited. It shall constitute a violation of this section for any entertainer in an adult use facility, as defined in Subsection C above, to perform closer than six feet to the nearest patron.

§ 400-37 Signs.

A. All signs shall comply with the standards provided below, and permanently placed signs of 16 square feet or more in surface area on one side shall require sign permits issued by the Building Inspector.

B. An application for a permit to install or relocate a sign shall be submitted on a form obtained from the Building Inspector, together with the fee required. Every application shall include a graphic presentation of the placement and appearance of the proposed sign. This presentation shall depict the location of the sign in relation to buildings and property features, any method of illumination, the graphic design (including symbols, letter, materials and colors) and the visual message, text copy or content. Written consent of the property owner shall also be provided.

C. All freestanding signs and signs of 24 square feet or more in total surface area on one side, including wall signs, shall be submitted to the Planning Board for review and approval prior to permit issuance.

D. All applications not requiring Planning Board approval shall be acted upon by the Building Inspector within 15 days of receipt. All applications submitted to the Planning Board shall be acted upon within 62 days of receipt.

E. The Planning Board shall review sign applications relative to the appropriateness and compatibility of their design, shape, materials, colors, illumination, legibility, location and size. It may approve, approve with modifications, or disapprove signs.

(1) Approval shall be based on consistency with the design criteria listed below:

(a) Signs should be a subordinate part of the landscape viewed from the road;

(b) Signs in a given area should exhibit visual continuity, complementing each other rather than competing for attention;

(c) Multiple signs should be combined into one to avoid clutter;

(d) Signs should be as close to the ground as possible, and pole signs shall ordinarily not be allowed;

(e) A sign's design should be consistent with the architectural character of the building on which it is placed and not cover any architectural features on the building. It should be sized and located to preserve a human perspective.

(f) Garish colors and materials should be avoided.

(g) Any sign should be located so as to not interfere in any way with the fifty-foot clear-sight triangles required for public safety by highway travelers or pedestrians.

(h) The sign must not be an overhead danger or obstacle to persons below.

(i) The size of the sign should be the minimum which will achieve ready visibility without becoming an unnecessary distraction from the highway view or detriment to the highway scenery.

(j) The sign should never block the view of any other signs.

(k) The sign should be of good construction quality that is easy to maintain in safe condition and good appearance.

(l) Sign materials and design should be compatible with the surrounding natural landscape.

(m) The sign should not substantially interfere with the views to and from other enterprises or residences.

(n) Signs illuminated from the inside by a low-wattage light source or highlighted by lights bars of similar characteristics are preferable to signs lighted from exterior sources.

(o) All freestanding signs of 32 square feet or more in surface area on one side shall require landscaping around the base of the sign. The size of the landscape area shall be approved as part of the sign permit. Landscape plans shall be submitted and shall include the size, species, location and spacing of plant materials, method of separating the planter from the adjacent area and the irrigation plan for maintaining the landscape materials.

(2) The Planning Board shall be authorized to clarify and expand upon these review criteria, provided it shall do so in writing and its actions are consistent with the intent of this chapter. It may also develop design examples and other materials to visually explain these review criteria.

F. The following regulations shall apply to all signs:

(1) A sign shall be permitted only in connection with a permitted use or for purposes of specifically directing drivers to a business or service location in or adjacent to the Village.

(2) All signs shall be immediately removed when the reasons for their erection no longer apply.

(3) Signs shall not be permitted on the roof or above the roof line of the building to which they are attached.

(4) No part of any sign shall project above the top or beyond the ends of the wall surface upon which it is located or extend more than 18 inches perpendicular from such surface.

(5) Signs other than official traffic signs shall comply with side yard setbacks as established for principal structures in the district where the sign is located.

(6) No sign, except a public sign, visible from a public street, shall use the words "stop," "danger," or any other word, phrase, symbol or character that could be interpreted by a motorist as being a public safety warning or traffic sign.

(7) No light shall be permitted that by reason of intensity color, location, movement or directions of its beam may interfere with pubic safety. Lighted signs of 12 square feet or more in sign area shall be submitted to the Planning Board for review and approval prior to permit issuance to ensure conformance with this standard. No such signs shall be lighted from exterior sources unless shielded to ensure no significant spillover of light beyond the borders of the sign, and no blinking or flashing signs, except for official traffic signs and signals, shall be permitted, provided that electronic signs with minimum transition times of two seconds or more may be permitted if they comply with other sign standards contained herein.

[Amended 4-20-2015 by L.L. No. 1-2015]

(8) No sign or other advertising material or merchandise displayed for such purpose shall be attached to any tree utility pole, fence, fence post communication tower or device or public structure or other object not intended for such use.

[Amended 4-20-2015 by L.L. No. 1-2015]

(9) A portable sign shall be considered a freestanding sign and be subject to all regulations pertaining to such signs. All portable signs shall require permits, however.

(10) No sign shall exceed in height one-half its distance from the highway right-of-way, notwithstanding any other height limitation which may also be applicable.

G. Business and property owners are encouraged to submit master signage plans for their properties, which plans shall specify the location, dimensions, type, design and number of all signs to be erected on the property now or in the future. Such plans shall be prepared by a landscape architect, architect, sign designer, engineer or other qualified professional and shall identify existing signs, signs proposed for installation, anticipated future sign locations, temporary sign locations and the design criteria which shall apply to all signs to be erected on the property. These plans shall be adopted by the property owners, who shall agree that all signs to be constructed by them or any of their tenants or occupants now or in the future shall comply with the standards therein. A master signage plan may also be submitted for contiguous multiple properties.

H. All master signage plans shall be submitted for approval to the Planning Board, which shall be guided by the design review criteria provided above. The Board, in acting upon a master signage plan, may waive any of the standards contained herein relating to numbers or sizes of any signs other than pole signs, billboards and projecting signs, provided it is satisfied the master signage plan will meet the review criteria and the specific purposes of this chapter. When the Board has approved such a plan, no further permits will be required for any sign which is in compliance with the plan.

I. The owner, lessee or occupant of any parcel of land in a RR, VC or BLI District may erect and maintain on such land not more than one freestanding sign or one freestanding sign per 200 linear feet of lot frontage up to a total of three signs, whichever shall be greater.

(1) If such signs are pole signs or portable signs they shall not exceed 32 square feet each in surface area for both sides combined, shall not exceed 20 feet in height and shall be set back from the edge of the highway right-of-way line no less than 25 feet. All pole signs shall be separated by a distance of no less than 100 feet.

(2) If such signs are ground signs they shall be permitted, provided they do not exceed 64 square feet in surface area each in surface area for both sides combined or six feet in height.

(3) Name plate signs shall be permitted on all lot, provided they do not exceed two square feet in surface area or one in number per lot.

J. The signs physically attached to a business building and flush thereto or extending out no more than 18 inches from an exterior structural wall surface shall not be counted in the number of signs permitted hereunder, but the total area of such signage shall not exceed 15% of any given exterior structural wall surface or more than 10% of all exterior structural wall surfaces combined. Wall signs covered by this provision shall include any material meeting the sign definition, including merchandise displayed with the purpose of advertising and signs in windows. They shall also include signage or merchandise displayed on, from or against other structures or vehicles for the purpose of advertising a message.

K. Signs within the R-1 or R-2 Districts shall be limited to the following, and nothing herein contained shall prevent the placement of the following signs in any other district:

(1) Signs bearing the words "sold" or "rented" or similar phrases, together with the name of the person effecting sale or rental. Such signs shall be removed within 14 days after the sale, rental or lease.

(2) Signs advertising the sale or development of the premises upon which they are erected, when erected by a builder, contractor, developer or other person interested in such sale or development, provided:

(a) The size of such sign is not in excess of 32 square feet for both sides combined or 20 square feet for a single-sided sign;

(b) Not more than two signs are placed upon any property unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage;

(c) Such sign is not illuminated.

L. Signs to provide for the normal and safe flow of traffic into and out of the place of business such as entrance, exit and parking signs shall be permitted in excess of the limitations provided herein. Such signs shall be of a size no greater than necessary for persons of normal vision to observe.

M. Bus shelter signs shall be considered freestanding signs and be subject to all regulations pertaining to such signs.

N. Temporary advertising signs or banners not exceeding 64 square feet in total surface area shall be permitted, including, but not limited to, individual or multiple signs announcing to the general public any special events, such as commercial sales days, cultural or entertainment attractions or charitable activities. These shall be permitted for the length of the activity but in no case 45 days prior to the event or 10 days after the event. A deposit shall be required by the Village to ensure such signs are removed. The amount of such deposit shall be established and revised from time to time by resolution of the Village Board. Political signs shall be permitted on the same basis. Notwithstanding this, any property owner shall be authorized to erect permanent signs with political messages subject to such standards as are otherwise applicable to commercial signs permitted on such property.

[Amended 4-20-2015 by L.L. No. 1-2015]

O. Where permitted, signs shall be illuminated only by a steady, stationary (except for indicators of time and temperature), shielded light source directed solely at the sign, without causing glare for motorists, pedestrians or neighboring premises. The illumination shall not make the sign resemble traffic signals or be excessively bright. Neon signs shall be limited to two square feet in surface area.

P. Existing nonconforming signs may be repaired or reconstructed on the same site, but shall not be relocated or increased in size. All nonconforming signs shall be removed within five years of the enactment of this chapter. During the interim any nonconforming sign connected with a change of business, abandoned for sign purposes for more than 90 days or damaged to the extent of 50% or more of the replacement cost value shall be immediately removed.

Q. No owner of any sign or lessee or owner of any land upon which the sign is located shall permit such sign to become unsightly or in such disrepair or dangerous condition as to endanger the public or to become a public nuisance. Such conditions shall include, but not be limited to, illegibility, partially collapsed or broken supports, vegetation blocking sign views or other sign damage.

[Amended 4-20-2015 by L.L. No. 1-2015]

R. In the event such a sign is not repaired or properly restored or removed within 30 days after written notice has been given to the owner of the sign or lessee of the land upon which the sign is located, the governing body may institute appropriate legal action to end the violation, abate the nuisance and assess the costs associated therewith to the violator.

S. Political signs.

[Added 4-4-2016 by L.L. No. 3-2016]

(1) A sign designed to influence the action of voters for the passage or defeat of a measure or the election of a candidate to a public office at a national, state or other local election, provided that such sign complies with the following conditions, shall not require a permit:

(a) Such sign shall be stationary, unlighted and temporary.

(b) Such sign shall be displayed no earlier than 30 days prior to the applicable voting day and shall be removed five days after a voting day.

(c) Such sign may not exceed 16 square feet in area.

(2) Violation of this subsection shall result in a fine not to exceed $50 per day.

§ 400-38 Recreational vehicles.

A. The storage of a single unoccupied recreational vehicle shall be permitted on the premises of the residence of the recreational vehicle owner, provided that such unoccupied vehicle shall not be parked in the front yard.

B. Camping by the owner on his or her own vacant property shall be also be permitted for no more than two weeks in consecutive days, provided a permit has been issued by the Building Inspector pursuant to this chapter, appropriate sanitary facilities and/or sewage disposal systems are in place to serve the unit and the lot on which the unit is to be placed is a minimum of 50 feet in width.

§ 400-39 Junkyards.

Junkyards are specifically prohibited in all zoning districts.

§ 400-40 Residential land development.

[Added 9-17-2007 by L.L. No. 2-2007]

A. Definition. A "residential land development" is hereby defined as one where multiple sites for single-family and two-family dwellings are created without specific lots for each dwelling structure. This definition does not, for purposes of this § 400-40 include land subdivisions where such lots are created for each dwelling structure.

B. Site plan review requirement. Site plan review hereunder shall be required for residential land developments. No person shall clear or grade land, install improvements, build upon or otherwise prepare land for a residential land development or offer dwellings, dwelling sites or dwelling interests for sale without first complying with the regulations of this section.

C. Density. The maximum permitted density (number of dwelling units) for any new residential land development as a whole shall be determined as follows:

(1) The following deductions shall be made from the gross acreage of the tract:

(a) One hundred percent of all land within public rights-of-way (including proposed development roads);

(b) One hundred percent of all land under existing water;

(c) One hundred percent of any floodway;

(d) Seventy-five percent of any designated one-hundred-year floodplain outside the floodway;

(e) Seventy-five percent of all federal- or state-designated wetlands; and

(f) Seventy-five percent of all slopes over 25% in grade.

(2) The net figure obtained after these deductions shall then be divided by the minimum lot area for the zoning district, provided that, where the property proposed for residential land development will be served by municipal sewer and water, the minimum lot area shall be considered to be 10,000 square feet, regardless of zoning district, provided the ingress and egress to such development shall not be through any other residential development. Other development standards shall be the same as those established for the R-1 Low Density Residential District with a 60% limit on clearing.

[Amended 5-3-2021 by L.L. No. 1-2021]

D. Development standards and review criteria. The following land development standards and review criteria shall apply to all residential land developments in the Village of Woodridge:

(1) Only one- and two-family dwelling structures shall be permitted in a residential land development. Projects involving multifamily dwelling uses shall be processed under the provisions of § 400-22 hereof, Multifamily residential uses, and projects with combinations of single-family, two-family or multifamily dwellings shall be subject to § 400-21 hereof, Planned unit developments.

(2) All dwelling structures in a residential land development shall be subject to the yard requirements of the zoning district in which they are located, provided that all dwelling structures shall also be separated by a distance equal to the district standard for both side yards combined, regardless of building orientation.

(3) A setback of 150 feet shall apply from all sides of the intersection of any residential land development access road with a Village, county or state road. This area shall remain undisturbed except for the access road (including clear-sight triangle), a single sign identifying the community and otherwise meeting the standards of this Code, a schoolbus waiting area (if provided) and a mailbox stop (if provided). All such improvements within this area shall be fully landscaped to blend in with the natural environment. The Planning Board may also require interplantings of wooded areas to further buffer the impact of the entrance and preserve the essential character of the area.

(4) The landscaping provisions of § 400-18 shall also apply to each dwelling structure proposed as part of a residential land development. Each dwelling structure shall be fully landscaped prior to issuance of a certificate of occupancy or a financial guarantee posted to ensure such landscaping within a period of six months after occupancy. The Planning Board may require additional landscaping as may be necessary to soften the impact of the built environment on the natural environment.

(5) The site plan for any residential land development shall include designated building envelopes for all structures, which designated areas should accurately depict the location of such structures and any future additions that may be anticipated. An additional area shall be defined around each dwelling structure to encompass those areas that will serve as yards and not be covered with impervious surfaces. The site plan shall accurately depict these areas and the restrictions that shall apply in each, which restrictions shall be incorporated in deed, condominium, cooperative or rental agreements applicable to the dwelling structures in question. Coverage with impervious surfaces shall not exceed 20% of the combined building and yard areas for each dwelling structure.

(6) All dwelling structures within a residential land development shall be placed upon concrete wall foundations and differentiated in appearance by building designs that incorporate recesses or extensions to break up long stretches of wall. Siding materials shall be limited to vinyl or traditional wood siding of no more than six inches in width or stucco. Plywood, T-111, metal and similar materials shall not be used in conjunction with dwelling structures. The purpose of these restrictions is to ensure residential land development building designs create new interest and, thereby, improve community appearance.

(7) No more than 40% of any residential land development tract shall be cleared. An inventory of all trees of twelve-inch caliper or greater shall be included in the site plan review application for use by the Planning Board in determining the limits of clearing and specific trees to be preserved and removed, as the case may be. The Planning Board may waive this requirement for those portions of a parcel that are designated for preservation at the outset.

(8) Stormwater management practices shall be designed and constructed in accordance with the New York State Stormwater Management Design Manual and New York Standards and Specifications for Erosion and Sediment Control, provided that such practices shall maximize the use of natural stormwater management methods (e.g., grass swales) and minimize the use of dry above-ground stormwater detention facilities. The stormwater management plan shall also contain an operation and maintenance plan and proposed maintenance agreement establishing responsibilities for the continued operation and maintenance of all common stormwater management improvements. Post-construction stormwater management practices employed for any residential land development shall reduce stormwater peak runoff to less than the preconstruction peak runoff for the one-hundred-year event.

(9) All roads and other improvements (e.g., sewer and water infrastructure, recreation amenities) within a residential land development shall meet the specifications set forth for new private roads and other improvements under Chapter 350, Subdivision of Land. The installation of such improvements shall also be subject to inspection, at applicant expense, by a Village-appointed professional engineer. Prior to construction of any improvements, the applicant shall deposit in escrow with the Village of Woodridge a sum of money equal to 10% of the total estimated construction cost of such improvements (as shall be estimated by the applicant, reviewed by the Village Engineer and approved by the Village Board) for use in addressing emergency maintenance issues connected with construction. Should such issues arise, the applicant will be directed to immediately address them. Should the applicant fall to promptly remedy the situation after reasonable notice to do so, the Village Board may draw down funds from the escrow account for this purpose and use these funds to do the work itself. Such funds as are not used during construction shall, following final inspection and approval of construction, be returned to the applicant.

(10) The Village may require or agree to accept fees in lieu of new construction to improve or support existing recreation facilities in conjunction with new residential land developments. All residential land developments shall provide such recreation areas or fees in lieu thereof at the rates specified in § 350-23B(2) of Chapter 350, Subdivision of Land. Such fees shall apply to each individual dwelling unit.

E. Procedures. A residential land development shall be fully subject to the provisions of §§ 400-46 through 400-56 hereof, excepting that a preliminary site plan shall be mandatory and a final site plan approval shall only be granted following the installation or financial guarantee of improvements as provided under Chapter 350, Subdivision of Land, which final approval may be granted in phases. No building permits for any dwelling structures shall be issued until such time as all improvements serving such dwelling structures, including but not limited to roads and recreational facilities, have been satisfactorily installed and inspected or a financial guarantee has been issued and approved by the Village Board. A preliminary site plan approval shall expire in five years if such improvements have not been installed or guaranteed.