This section shall apply to the calculation of minimum lot size,
development coverage and residential density. For purposes of calculating
development yield, the following areas shall be subtracted from the
gross acreage of a parcel to establish the minimum lot area and maximum
permissible development coverage in the case of nonresidential projects
requiring site plan approval, or development yield and permissible
density in the case of residential subdivisions or site plans:
A.
Utility rights-of-way and designated streets. Fifty percent of any
land within easements or rights-of-way for overhead utilities of 69
kilovolts or greater, or within a designated street line, shall not
be counted as part of any minimum lot area requirement. No building,
structure, yard or land proposed for prolonged habitual human occupancy
shall be located within a utility easement; however, a road may traverse
the easement.
B.
Land under water (applicable prior to development). One hundred percent
of that portion of a lot subject to the following shall not be counted
as part of any minimum lot area requirement: ponds: freshwater wetlands
regulated by the Army Corps of Engineers; streams; and that portion
of any freshwater wetland and any 100-foot control area designated
by the New York State Department of Environmental Conservation. No
construction shall be permitted within the limits of the freshwater
wetland or stream without appropriate federal or state permits.
C.
Floodplains. Fifty percent of any land contained within the 100-year
floodplain as designated on Federal Emergency Management Agency maps
shall not be counted as part of any minimum lot area requirement.
No construction shall be permitted within the 100-year floodplain.
D.
Steep slopes (applicable prior to development).
(2)
No construction shall be permitted on that portion of a lot with
a slope in excess of 20% except for roads and driveways and supporting
infrastructure as necessary to access flatter areas of the lot.
(3)
No portion of the land area of that portion of a lot with a slope
in excess of 50% may be counted as part of the minimum lot area of
a parcel.
E.
Rock outcrops (applicable prior to development). Not more than 50%
of the area of that portion of a lot that is proposed to be disturbed
with rock outcrops in excess of 50 square feet may be counted as part
of the lot area of a parcel.
A.
Purpose. The MG Zone encompasses areas that contain lands that are
constrained due to shallow depth to bedrock, seasonally perched water
table, and steep topography. For purposes of establishing residential
development yield that is consistent with the environmental characteristics
of the land, an applicant has the option of selecting two alternatives
for calculating development yield, after which average density subdivision
is required, except for subdivisions of less than four lots where
each proposed lot has access to an existing public road.
B.
Density calculation - minimum lot size alternative. The applicant may choose to establish development yield for residential subdivisions utilizing the minimum lot size (10 acres) and bulk requirements for the MG District. The environmental constraints outlined in § 199-35 above shall first be subtracted from the gross acreage to establish net residential development yield. The applicant shall then map a conceptual standard subdivision that meets the minimum bulk requirements for single-family dwellings in the MG Zone.
C.
Density calculation - soil designation alternative. An applicant may choose to establish the maximum residential development yield by utilizing the soil data contained in the Soil Survey of Sullivan County, New York. For purposes of calculating development yield for single-family detached residential subdivisions, § 199-35, Environmental constraints, shall not apply. The letters listed below refer to the slope designations contained in the soil mapping units that are enumerated in the Soil Survey of Sullivan County, New York. The applicant shall calculate the number of acres contained within each slope category. The acreage of each slope category shall be multiplied by the appropriate residential density to determine the total number of units permissible. To establish the development yield for a particular site, the following density provisions shall apply:
|
Slope Designation
|
Maximum Density
|
|---|---|
|
A (0% to 3%)
|
1 unit per 3 acres
|
|
B (3% to 8%)
|
1 unit per 6 acres
|
|
C (8% to 15%)
|
1 unit per 9 acres
|
|
D (15% to 25%)
|
1 unit per 15 acres
|
|
E (25% to 35%)
|
1 unit per 30 acres
|
|
F (35% to 50%)
|
1 unit per 45 acres
|
|
Hydric soils
|
1 unit per 15 acres
|
D.
After determining the residential density of the parcel, the applicant shall utilize the average density provisions (§ 199-38) to cluster residential units on soils with slope designations of A, B or C (0% to 15%) and on the portions of the lot closest to existing public roads. The minimum bulk requirements for the clustered residential lots shall be the same as for single-family detached residences in the Neighborhood Residential (NR) Zoning District (for residences with neither Town-endorsed sewer nor Town-endorsed water systems). The maximum residential yield and the final configuration and size of each building lot shall be established based on the applicant demonstrating that individual well and septic systems, adequate access, and other specifications of this chapter, the Town Subdivision Regulations, and all other applicable laws and regulations shall be met.
E.
Other uses in the MG Zones. All other uses allowed in the MG or RVP Zoning Districts shall be required to establish minimum lot area and development yield by applying the requirements contained in § 199-35, Environmental constraints, to the lot area requirement listed in Schedule I.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
F.
Restrictions to be added to subdivision plat. Any lot created by
process of these provisions shall be considered to have the minimum
lot area and maximum residential density permissible within the MG
and RVP Zoning Districts. A note shall be added to the subdivision
plat indicating that the lots created represent the maximum number
of lots permitted in accordance with the MG regulations. The maximum
number of lots permissible and the calculation of residential density
yield shall also be included as a map note.
G.
Covenants and easements required. A covenant shall be filed with
the deed of any lot created by process of these provisions requiring
that there be no further subdivision of the lot without the authorization
of the Town Board, upon a finding that the resubdivision of the lot
is not contrary to the policies of the Comprehensive Plan of the Town
of Mamakating. Additionally, conservation easements in favor of the
Town of Mamakating or a reputable land trust acceptable to the Town
Board upon advice of its legal counsel shall be required over any
open space land created by the average density subdivision.
H.
Small subdivisions exempt. Subdivisions of less than four total lots each having direct, individual access to a public road, and where no new road is proposed, may be subdivided subject to standard subdivision process, based upon the lot area and bulk requirements listed in Schedule I,[2] after application of the requirements of § 199-35, Environmental constraints.
[2]
Editor's Note: Schedule I is included as an attachment to this chapter.
A.
Purpose. Stream and riparian areas, the habitat bordering streams,
are critical for water quality protection, erosion control, and as
a living environment for many species of birds and wildlife. When
properly designed, these areas can also serve as linear parks for
hiking, nature viewing and other low-impact recreational activities.
One of the most important methods of protecting stream quality is
to limit disturbance within close proximity to a stream and its riparian
area. For purposes of these regulations, the following shall apply:
(1)
No building, structure, keeping of livestock or impervious surfaces
shall be situated, nor clear-cutting of natural vegetation be permitted,
within 150 feet of a streambank of a stream with a water quality designation
of A or B or any trout spawning (TS) or trout production (T) waters.
(2)
No building, structure, keeping of livestock or impervious surfaces
shall be situated, nor clear-cutting of natural vegetation be permitted,
within 75 feet of a streambank of a stream with a water quality designation
of C or D.
B.
Disturbance of the stream buffer shall require a disturbance permit
from the Planning Board. In considering the need for said disturbance,
the Planning Board shall consider:
C.
The Planning Board shall establish such conditions as may be necessary
to minimize disturbance to the stream buffer, including a delineation
of the area to be disturbed prior to work being conducted.
A.
Approval of plats; conditions for changes in zoning provisions. The
Mamakating Town Board, pursuant to § 278 of the Town Law,
hereby empowers the Planning Board, simultaneously with the approval
of a plat, to modify applicable provisions of this chapter, subject
to the conditions hereinafter set forth and such other reasonable
conditions as the Town Board may, in its discretion, add thereto.
The purpose of this authorization is to enable and encourage flexibility
of design and development of land in such a manner as to promote the
most-appropriate use of land, to facilitate the adequate and economical
provision of streets and utilities, and to preserve the natural and
scenic qualities of open lands.
B.
The conditions hereinabove referred to are as follows:
(1)
The Planning Board may require the submission of an application for
the use of this procedure if, in its judgment, the application would
benefit the Town and the public interest. If the owner makes written
application for the use of this procedure, it may be followed at the
discretion of the Planning Board subject to the purposes noted above.
(2)
This procedure shall be applicable only to lands zoned for residential purposes, and its application shall result in a permitted number of building lots or dwelling units which shall in no case exceeds the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements applicable to the district or districts in which such land is situated and conforming to all other applicable requirements; provided, however, that where the plat falls within two or more districts with differing density requirements, the Planning Board may approve in any one such district a cluster development representing the cumulative density as derived from the summing of all units allowed in all such districts. In determining development yield, the applicant shall adhere to the provisions of § 199-35 of this chapter.
(3)
In the case of a residential plat or plats, the dwelling units may
be single-family detached or single-family attached (townhouse) on
individual lots, as determined by the Planning Board.
(4)
In the event that the application of this procedure results in a
plat showing lands available for park, recreation, open space, or
other municipal purposes directly related to the plat, then the Planning
Board, as a condition of plat approval, may establish such conditions
on the ownership, use and maintenance of such lands as it deems necessary
to assure the preservation of such lands for their intended purposes.
Any conditions relating to Town ownership of the lands shall be approved
by the Town Board prior to the Planning Board granting final approval
to the plat.
(5)
The proposed site plan or plat, including areas within which structures
may be located, the height and spacing of buildings, open spaces and
their landscaping, off-street open and enclosed parking spaces, and
streets, driveways, and all other physical features as shown on said
plan or otherwise described, accompanied by a statement setting forth
the nature of such modifications, changes or supplementations of existing
zoning provisions as are not shown on said site plan, shall be subject
to review and public hearing by the Planning Board in the same manner
as required for the approval of a subdivision plat and/or site plan.
(6)
On the filing of the plat in the office of the County Clerk, a copy shall be filed with the Town Clerk, who shall make appropriate notations and references thereto on the Town Zoning Map.
(7)
The provisions of this section shall not be deemed to authorize a
change in the permissible use of such lands as provided in this chapter.
(8)
The authorization herein shall apply to all lands within the Town
of Mamakating.
A.
Purpose. The purpose of this section is to allow applicants, upon
approval by the Town Board, to transfer the development rights permitted
to a lot, parcel, or other area of land from a designated sending
district to an area designated as a receiving district, in order to
accomplish the following objectives:
(1)
To protect environmentally sensitive lands by transferring development
rights from the sending district;
(2)
To protect scenic viewsheds by transferring development rights from
the sending district;
(3)
To transfer development rights to an area of the Town of Mamakating
planned for growth and by allowing a density which may encourage the
provision of Town-endorsed water and Town-endorsed sewage systems;
and
(4)
To establish growth boundaries around the Town's two established
villages and focus development in Village Adjacent, Hamlet and Neighborhood
Residential areas to prevent a sprawling development pattern.
B.
For purposes of this section, the sending districts and receiving
districts shall be designated as follows:
(1)
Calculation of density transfer - sending districts. The density to be transferred shall be established by dividing the net lot area of the sending parcel, after deduction of environmental constraints pursuant to § 199-35, by the minimum lot area per unit and multiplying that product by the following factors:
(a)
0.5 - lands located within the MG Zoning District that do not
meet the requirements of any other factors listed hereafter;
(b)
1.0 - lands located within 200 feet of a Village Adjacent Zoning
District that do not meet the requirements of any other factors listed
hereafter;
(c)
1.0 - lands containing at least 25% prime agricultural soils
that do not meet the requirements of any other factors listed hereafter;
(d)
2.0 - lands containing at least 25% prime agricultural soils
currently being farmed and having been farmed for at least 10 consecutive
years;
(e)
2.0 - lands within the RVP Zoning District;
(f)
2.0 - parcels containing significant natural communities as
documented in the New York Natural Heritage Program's Biodiversity
Databases.
(2)
Receiving districts. Density may be transferred to the VA, IC, HC or NR Zoning Districts subject to the lot area and bulk requirements listed in Schedule I.[1] Nothing herein shall be construed to allow residential
density to exceed the capacity of the land to support individual water
and individual subsurface wastewater disposal systems, except where
Town-endorsed water and Town-endorsed sewer systems are provided.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
C.
Consent of owners. The owner of the property in the sending district
shall submit an affidavit consenting to the transfer of density onto
the receiving parcel.
D.
Subdivision or site plan approved required. A site plan and/or subdivision
plan shall be filed with the Planning Board concurrently with the
request to the Town Board to permit the transfer. The subdivision
or site plan shall conform to the requirements of the zoning, subdivision
and/or site plan regulations. Where the Planning Board determines
that the transfer will meet the goals and objectives of this section,
it may waive the environmental constraint provisions as apply to the
receiving parcel and allow development under any reduced lot area
and bulk provisions subject to Town-endorsed utility requirements
as applicable.
E.
Conservation easement. The burden upon land within a sending district
from which development rights have been transferred shall be documented
by an instrument duly executed by the grantor in the form of a conservation
easement as defined in Title 3 of Article 49 of the Environmental
Conservation Law, which burden upon such land shall be enforceable
by the Town of Mamakating in addition to a reputable land trust acceptable
to the Town of Mamakating, which enforcement shall not necessarily
imbue any responsibility for maintenance on the part of the Town or
land trust. Any development right which has been transferred by conservation
easement shall be evidenced by a certificate of development right
which shall be issued by the Town of Mamakating to the transferee
in a form suitable for recording in the Registry of Deeds in the County
of Sullivan.
F.
Within one year after a development right has been transferred, the
assessed valuation placed on the affected property for real property
tax purposes shall be adjusted to reflect the transfer. A development
right which is transferred shall be deemed to be an interest in real
property, and the rights evidenced thereby shall inure to the benefit
of the transferee, and his heirs, successors and assigns.
G.
Development rights bank. The Town may establish, through the transfer
of development rights of Town-owned lands not designated as parkland,
a supply of development credits pursuant to these provisions for direct
sale to interested purchasers. The Town may purchase land for the
purpose of creating development credits or accept lands through donation
or bequeathment for such purpose. The price for sale of these credits
shall be established based on the per-credit acquisition cost (including
any administrative costs) or 75% of the land cost for a single-family
building lot in the receiving district, whichever is greater. The
proceeds from sale of such credit shall be deposited into a special
separate municipal account to be applied against expenditures necessitated
by the municipal development rights program, including cost of additional
future acquisitions of development rights.
Any use which is in, abuts, is adjacent to or is less than 50
feet from any residential district, and which is not conducted within
a completely enclosed building, such as junkyards, storage yards,
lumber and building materials yards and parking lots and like uses,
shall be entirely enclosed by a fence or landscaping sufficient to
effectively shield such uses.
Any application requiring site development or subdivision approval
shall be subject to these provisions. A minimum of one shade tree
per each 40 feet of road frontage shall be planted on any lot within
the BR, NR, HC, IO, LIO, and IC Zoning Districts. Shade trees shall
be a minimum caliper of 2 1/2 inches [diameter at breast height (dbh)].
The Planning Board may waive the requirements of this section, provided
that it may be demonstrated that the development application will
result in the retention of existing mature tree stands within the
front yard of the lot, and further provided that a restriction shall
be duly noted and placed on the site or subdivision plan prohibiting
the removal of said existing vegetation.
A.
Purpose. To promote the health, safety and general welfare of the
residents of the Town, the Town finds that:
(1)
The natural, open character of Shawangunk Ridge is a critical feature
of the unique heritage of the Town whose preservation enriches and
benefits both residents and visitors;
(2)
It is desirable to protect panoramic views of the ridge as well as
sensitive natural habitats on Shawangunk Ridge;
(3)
The ridge is the source for a major portion of the Town's water
resources;
(4)
Recreational opportunities are to be protected, including support
of local and regional trail systems; and
(5)
Preservation of these features while providing for appropriate development
can only be achieved by encouraging flexibility in the design of land
use and development projects.
B.
Application of regulations. Except as provided herein, no land shall
be developed and no building or structure erected, expanded or developed
unless in conformity with these regulations. Any lot fully or partially
within the Ridge Overlay District as mapped by the Town of Mamakating
will be subject to these regulations. Where these regulations conflict
with existing regulations, these regulations shall supersede.
C.
Nonconforming lots. Where new uses of preexisting, nonconforming
lots require only a building permit, these regulations shall be applied
to the maximum extent possible in meeting the purposes of this section.
D.
Approval conditions. Any condition of approval necessary to meet
these regulations shall be clearly noted on the final plat or plan
and filed with the County Clerk. Where appropriate, conditions shall
also be noted on a filed deed.
E.
Design regulations. To meet the purpose of the Ridge Overlay District,
the following regulations shall apply:
(1)
Building sites. Building sites shall be clearly noted on any plat
or plan. All structures shall be sited away from ridgetops and ridgelines.
Whenever possible, structures shall be sited at lower elevations and
close to existing roads.
(2)
Structure design. Structures shall blend in with natural surroundings
through preferred use of stone or natural wood siding and use of roofing
materials with earthtone colors.
(3)
Lighting. Exterior lighting shall be controlled in both height and
intensity. Screening or shielding of luminaries may be required.
(4)
Structure screening. As a condition of approval, an applicant may
be required to preserve existing vegetation or provide new plantings
of native vegetation to screen structures. Additionally, a conservation
easement pursuant to § 247 of the General Municipal Law
and §§ 49-0301 through 49-0311 of the New York Environmental
Conservation Law shall be the preferred means to protect or buffer
views.
(5)
Existing vegetation. Existing vegetation shall be preserved to the
maximum extent possible. Every attempt shall be made to limit cutting
necessary for either construction or the opening of views from the
subject site in order to maintain native vegetation as an effective
screen for structures that may be visible from public roads or parks
and other public views.
(6)
Tree cutting. No cutting of trees exceeding four inches in diameter
(measured at a height of four feet off the ground) except for harvests
of less than 15 cords or less than 10,000 board feet on any one parcel
shall take place except in accordance with an approved building permit,
site plan, subdivision or timber harvesting plan. Cutting of all trees
in a single contiguous area exceeding 20,000 square feet shall be
prohibited.
(7)
Trail access and setback. The Town, consistent with §§ 277
and 281(d) of the New York Town Law, shall seek trail corridor access
and setback of development away from trails where documentation exists
that the subject parcel includes an existing or potential public trail,
such as the Long Path.
(8)
Underground utilities. All electric, telephone, television and other
communication lines, both main and service connections, servicing
new developments shall be provided by underground wiring within easements
of dedicated public rights-of-way, installed in accordance with the
prevailing standards and practices of the utility or other companies
providing such services.
(9)
Recreation open space. As a condition of approval, the Town may require up to 20% of any parcel within the Overlay District for parkland, recreation and open space purposes, so long as this condition does not reduce the number of units allowable under applicable zoning. Such land shall be dedicated pursuant to Subsection F of this section.
(10)
Telecommunication towers. Throughout the Shawangunk Ridge Overlay
District, WTS facilities shall be discouraged. In all cases, the Town
shall encourage site plans having the least visual impact on the environment,
shared use of towers rather than new construction, reduced tower height
to limit the need for external lighting, and stealth design.
F.
Dedication of open space. Any land dedicated for open space purposes
shall be used only for park, recreation, conservation or selective
timbering and agricultural purposes. Such land shall be encumbered
by appropriate covenants or conservation easements approved by the
Planning Board ensuring that the open space cannot be further subdivided;
the use of the open space will continue in perpetuity for the stated
purpose; and appropriate provisions will be made for maintenance.
(1)
The ownership of land dedicated for park, recreation or open space
use shall be determined by the property owner or applicant subject
to approval by the Planning Board. The person or entity having the
right of ownership shall be responsible for its proper maintenance
and continued upkeep. Ownership shall be with one of the following:
(a)
The Town;
(b)
Another public jurisdiction or agency, subject to its acceptance;
(c)
A private nonprofit organization incorporated with a purpose
consistent with the use and management requirements of the dedicated
land;
(d)
Shared, common interest by all property owners in a subdivision;
(e)
A homeowners', condominium, or cooperative association or organization;
or
(f)
Private ownership encumbered by a conservation easement pursuant
to § 247 of the General Municipal Law or §§ 49-0301
through 49-0311 of the Environmental Conservation Law.
(2)
Any land dedication for purposes of this section shall be recorded
in the County Clerk's office. All lands dedicated for the purposes
of this section shall be clearly identified on a final plat or plan.
Such identification shall note use, ownership, and management as well
as liber and page of relevant filings with the County Clerk's
office.
A.
Purpose. The purpose of this section is to ensure that the trees
and forests of the Town are protected from unregulated removal and
destruction. It is the policy of the Town of Mamakating to limit clear-cutting
activities in the Town since they have the effect of increasing the
potential for soil erosion and can degrade existing water quality
through siltation and sedimentation, create visual scars on the landscape,
and reduce forest habitat.
B.
Approval required. No building permit shall be issued for any activity which proposes to clear-cut an area in excess of one acre unless in connection with a site plan or subdivision plan approved by the Planning Board, or in connection with a timber harvesting license issued by the Planning Board in accordance with Chapter 181, Timber Harvest Control, of the Code of the Town of Mamakating. Any other activity which proposes to clear-cut one acre or more of land shall require site plan approval by the Planning Board. Nothing herein shall be construed to permit clear-cutting where otherwise prohibited in this chapter or elsewhere in the Code of the Town of Mamakating.
C.
Submission required. The proposed clear-cutting of land shall require
submission of the following:
(1)
Survey map illustrating the property boundaries and delimiting the
area proposed to be clear-cut.
(2)
Location of any trees in excess of eight inches measured four feet
from the ground within the clear-cut area.
(3)
The location of any streams within 200 feet of the limits of the
clear-cut activity.
(4)
The removal of trees creates the potential for soil erosion and sedimentation
impacts since clear-cutting activities are often conducted in association
with land disturbance activities, e.g., grading and filling. Mitigation
measures shall be documented on the site plan to reduce impacts associated
with soil erosion and sedimentation. Best management practices promulgated
by the New York State Department of Environmental Conservation shall
be followed.
D.
Standards. An application to clear-cut land shall only be approved
if it meets the following standards:
(1)
The activity is one that minimizes, to the maximum extent practicable,
the need to conduct clear-cutting. Wherever possible, the applicant
shall be required to perform selective cutting.
(2)
Clear-cutting shall not be conducted within 10 feet of any rear or
side lot line, nor within 25 feet of any front lot line.
(3)
Clear-cutting activities shall be minimized to reduce visual impact
to scenic views in the community. In these instances, selective cutting
is the preferred alternative.
(4)
Clear-cutting shall avoid removal of large-diameter trees (eight-inch
diameter and greater). The Planning Board may require the use of protective
measures to ensure that clear-cutting activities do not impact said
trees. Mitigation measures may include the temporary installation
of fencing along the tree dripline to avoid disturbance or compaction
of the tree's roots.
E.
Exceptions. A permit to clear-cut land shall not be required for
the following activities, provided they do not exceed the disturbance
of one acre or more:
(1)
Minor tree removal activities associated with home landscaping, repairs
and maintenance work;
(2)
Individual service connections and construction or installation of
public utility lines, septic tank lines, or septic fields;
(3)
Preparation of a site for the construction of a single-family or
two-family residence separately built;
(4)
Installation of fence and sign posts or telephone and electric poles
and other kinds of posts and poles;
(5)
Highway or public utility construction or maintenance;
(6)
Emergency work to protect life, limb and property.
F.
Inspection required prior to issuance of permit. Upon site plan approval
of the Planning Board, and prior to the issuance of a permit to clear-cut,
the applicant shall be required to flag the area proposed to be cut
and shall provide written notice to the Building Inspector that said
area has been delineated. Large-diameter trees to be preserved shall
also be flagged. All mitigation measures shall be installed. The Building
Inspector shall inspect the premises and shall issue a permit to conduct
the clear-cut activity upon a finding that the limits of clear-cut
have been delineated in accordance with that area shown on the site
plan and that mitigation measures have been implemented.
A.
Notwithstanding the provisions of § 131-13 of this Code, there is hereby established a Senior Mobile/Manufactured Housing Zone in the Town of Mamakating. In the entirety of such zone, up to a total of 20 mobile or manufactured houses shall be authorized, subject to:
(1)
Site plan approval where the Planning Board shall consider,
among other things, adequate spacing of each mobile/manufactured housing
unit;
(2)
Proof adequate to the Planning Board of the Town of Mamakating
that water and sewer can be appropriately provided to the residents
of such zone and to any residents whose water or sewer capacity may
be impacted by the location of such zone;
(3)
An agreement with the Planning Board that the owner of the land
where a senior mobile/manufactured housing park is situated shall
enforce the terms of this section against its tenants, including any
terms of the addendum, and authorization from the mobile/manufactured
housing park owner for the Town of Mamakating to enforce the terms
at its option;
(4)
The obtaining of any and all necessary permits or licenses;
(5)
The other requirements of this section; and
B.
The adoption of this section is intended to expand upon the affordable
housing options available to Mamakating residents by allowing for
the creation of one new senior mobile/manufactured housing zone of
up to 20 units in a single manufactured or mobile home park, thereby
expanding the affordable housing opportunities available for those
over the age of 55 in the Town of Mamakating. There shall be no minimum
lot size for mobile/manufactured homes sited pursuant to this zone.
The intent of this section is to create a housing community consistent
with the Housing for Older Persons Act of 1995.
C.
The Senior Mobile/Manufactured Housing Zone shall be a stand-alone
mobile home park or a designated area in an existing mobile home park
where housing units are contiguous to each other and generally separated
from the remainder of the mobile/manufactured housing park in an otherwise
undeveloped area which does not have mobile/manufactured housing units
located thereon. Each housing unit in each zone shall require at least
one occupant per housing unit (defined as a mobile or manufactured
home, whether owned by an occupant or otherwise) who is liable for
the performance of the terms of a lease of at least one year with
the manufactured/mobile home park owner to be over the age of 55,
and shall prohibit occupants in such units under the age of 19 years,
except as otherwise provided herein. The lease provisions shall be
adopted by resolution by the Town Board and may be revised from time
to time by the Town Board. In the event the provisions are revised,
a public hearing shall be held on the same with notice to the owner
of any mobile home park which contains a Senior Mobile/Manufactured
Housing Zone. Such provisions shall relate to and effectuate the purposes
of this section and shall be filed at all times with the Town Clerk.
D.
Temporary visitors; age restrictions.
(1)
Those who stay overnight in the housing unit for less than 14
consecutive days, whose visits are separated by at least 14 days,
shall not be deemed "occupants."
(2)
Those under the age of 19 may stay in the housing unit for not
more than 14 consecutive days and not more than a total of 28 days
per calendar year.
E.
In the event a mobile/manufactured home located in the Senior Mobile/Manufactured
Housing Zone is owned by a person age 55 or older who resides in such
home and such person dies or is otherwise hospitalized or requires
long-term health care outside of his or her home, the same shall not
prohibit the spouse of such person, regardless of the age of such
spouse, from continuing to reside in such home or from having his
or her lease renewed if he or she is otherwise in compliance with
the terms of all applicable laws and otherwise in compliance with
the lease and if the owner of the manufactured/mobile home park agrees
to renew such lease. Upon the death of all persons of a mobile/manufactured
home who were residents of housing in a Senior Mobile/Manufactured
Housing Zone and who were signatories to any lease agreement with
the owner or operator of the mobile/manufactured housing park in the
Senior Mobile/Manufactured Housing Zone, those responsible for administering
the estate of such decedent may sell a mobile/manufactured home in
the Senior Mobile/Manufactured Housing Zone to the owner of the mobile/manufactured
housing park where such mobile/manufactured home is located or to
any person(s) who is (are) qualified to otherwise live in such zone.
The owner of the mobile/manufactured housing park which has the Senior
Mobile/Manufactured Housing Zone in it shall not unreasonably deny
a tenancy or lease to a prospective purchaser of a mobile/manufactured
home being sold by the estate of a tenant in such zone where such
deceased tenant or his or her spouse previously had a lease with the
owner of the mobile/manufactured home park. The terms of such lease
shall be substantially similar to the terms of all other leases in
the Senior Mobile/Manufactured Housing Zone where the tenant owns
the mobile/manufactured home and leases lot space from the owner of
the manufactured/mobile home park, except nothing shall prohibit the
owner of such park from otherwise increasing his or her lot rental
by not more than 10% of the highest lot rent otherwise paid for a
lot rental in the zone.
F.
Exceptions to age restrictions.
(1)
Notwithstanding the foregoing, individuals under the age of
19 may stay with an occupant for extended periods, not to exceed six
months, where the occupant has obtained temporary legal guardianship
or custody of said individual(s). The occupant who has obtained such
temporary legal guardianship or custody of such individual(s) under
the age of 19 shall notify the park owner or its agent of this case,
and such park owner or manager shall notify the Town of Mamakating
Code Enforcement Officer of this fact and the start date of the occupancy
of the individual(s) under the age of 19. Such notice shall be in
writing and mailed returned receipt requested or hand-delivered with
a receipt therefor acknowledged to the Town of Mamakating Code Enforcement
Officer. Said occupants may not invoke the provisions of this subsection
more than two times.
(2)
The six-month time period provided for herein may be extended
for periods of six months or less, but not more than twice, upon application
to the Town of Mamakating Planning Board by the tenant/occupants charged
with performing the conditions of the lease and after a public hearing
at which the other occupants of the Senior Mobile/Manufactured Housing
Zone are given an opportunity to be heard. The notice for said public
hearing shall be posted in the office of any mobile/manufactured housing
park which has such zone in it and shall be mailed by mail (not return
receipt requested) to the addresses of the occupants of the Senior
Mobile/Manufactured Housing Zone, which addresses shall be supplied
by the park operator to the applicant within five days of such applicant's
request for same. Proof of such certified mailing (i.e., an affidavit
of service or a receipt from the post office for each mailed notice)
shall be filed with or otherwise made to the satisfaction of the Planning
Board.
(3)
It is the intent of this Subsection F to recognize that family situations do, from time to time, require young people to live with their grandparents or other relatives or friends over the age of 55 and to provide a reasonable manner of accommodating a temporary occupancy by such individuals where they may have no other practical or safe place to reside. The Planning Board may grant up to two extensions of up to an additional six months per extension upon application to the Board. The Planning Board, in considering an extension, shall consider the effect, if any, on the quiet enjoyment of neighbors, the impact on sewer and water in the community, and the efforts of the occupants over the age of 19 to pursue other, permanent housing for themselves or the individuals under age 19 during the extension being sought. In the event any provision of this subsection is adjudged illegal, unconstitutional, or unenforceable by any court of competent jurisdiction, the entire Subsection F shall be deemed to be stricken.
G.
Language shown on the addendum attached hereto shall be made an addendum
to each lease between a mobile/manufactured home park owner who utilizes
the senior mobile/manufactured housing designation and any tenant
who is responsible for the performance of lease terms who resides
in a Senior Mobile/Manufactured Housing Zone. The mobile/manufactured
park owner(s) shall provide the Town of Mamakating Code Enforcement
Officer with a copy of each signed lease for any mobile/manufactured
home in a senior/manufactured mobile housing development within 14
days of such lease being executed by the occupants thereof. The language
in the addendum may be amended from time to time by resolution of
the Town Board, but such amendment shall not reduce the number of
housing units approved under this section. If such language in the
addendum is amended, the owner of the mobile/manufactured housing
park where senior mobile/manufactured housing exists shall be given
notice of the proposed amendment at least 30 days in advance and shall
have the authority to challenge the addendum as having improperly
diminished the provisions or purposes of any other agreement the owner
has entered into, if any, with the Town of Mamakating Town Board,
including the settlement of legal claims between the parties.
H.
A mobile/manufactured home park owner who utilizes the senior mobile/manufactured
housing designation for the locating or placement of mobile/manufactured
homes shall, and upon application to the Planning Board for site plan
approval does, give the Town of Mamakating Building Inspector the
right to commence a summary proceeding under the Real Property Actions
and Proceedings Law, as amended, or any other applicable section of
New York State law, for purposes of bringing an eviction proceeding
against any occupant, tenant, lessee, or mobile/manufactured home
owners in violation of any term of the lease upon direction of the
Building Inspector of the Town of Mamakating. Further, such owner
agrees himself or herself to enforce the terms of the lease.
I.
This section shall take effect upon filing with the Secretary of
State.
