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

§ 87-26 (Reserved) [1]

[1] Editor's Note: Former § 87-26, Manufactured (mobile) homes and parks, was repealed 4-20-2023 by L.L. No. 2-2023.

§ 87-27 Planned commercial development (industrial, office parks and commercial).

To facilitate the growth of employment and ensure a viable tax base for the Village of Liberty and to prevent conflicts of incompatible industrial uses, planned industrial and office parks and shopping centers are permitted in C and M Districts, 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 case 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.

§ 87-28 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 Joint Liberty Comprehensive Plan.

(h) A more desirable environment than would be possible through the strict application of other articles of this chapter or the Village Subdivision Regulations.[1]

[1] Editor's Note: For the Land Subdivision Regulations, see the Appendix, Part I, of the Village Code.

(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 Liberty 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 Joint Liberty Comprehensive 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 the Village of Liberty Subdivision Law 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 Joint Liberty 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 plan shall be filed in the office of the Village Clerk, and the Village Board shall then proceed to consider amendment of the law in accordance with the Village Law, Code of the Village of Liberty and other applicable law, conducting a hearing and acting upon the same within 90 days of the meeting in 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 does not substantially develop 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, may declare the change in classification to a PUD District voided. The Village hereby exercises its authority under § 10 of the Municipal Home Rule Law to supercede § 7-708 of the Village Law so as to permit voiding of a zoning change without resorting to further rezoning procedures.

[Amended 12-17-2008 by L.L. No. 8-2008]

(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 the Land Subdivision Regulations,[2] and submit it to the Planning Board for final approval.

[2] Editor's Note: For the Land Subdivision Regulations, see the Appendix, Part I, of the Village Code.

(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 Ordinance 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 Code Enforcement Officer, 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 the Village Board of its decision, in writing, and its reasons for disapproval.

(g) Final development plan approval shall constitute final development plan approval under the Village Land Subdivision Regulations and the provisions of § 8-728 of the Village Law, and a copy shall be filed in the Sullivan County Clerk's office.

[Amended 12-17-2008 by L.L. No. 8-2008]

(h) No building permits shall be issued for construction within a PUD District until all requirement improvements are installed or a performance guarantee is posted in accordance with the procedures provided by the Village Subdivision Ordinance and § 7-730 of the Village Law.

[Amended 12-17-2008 by L.L. No. 8-2008]

C. General requirements.

(1) Location. A PUD District may be permitted in any R-1, R-2, C or M 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 a corporation or 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, or 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 Village Subdivision Law.[3]

[3] Editor's Note: For the Land Subdivision Regulations, see the Appendix, Part I, of the Village Code.

§ 87-29 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 the Village Land Subdivision Regulations. 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 the Village of Liberty. 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:

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

(5) Permanent open space as hereinafter provided.

B. The Planning Board shall act on the preliminary development plan and special use application concurrently, provided that 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 Code Enforcement Officer.

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 or a maximum of six units per acre (provided parking requirements can be fully met), whichever is less. Density shall be calculated by taking the total acreage of the development and deducting the following acreages and dividing by the number of proposed units:

(1) Land contained within public rights-of-way.

(2) 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 25 feet.

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

(4) All wetlands, floodplains, slopes of twenty-five-percent 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);

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 25% 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, excepting that a holding zone may be reserved for future development pursuant to density and other zoning requirements as they presently exist, provided that 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 "preapproved 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 that 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 25 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 1) an association or other legal entity organized prior to the offering of the first unit for occupancy; or 2) a manager, who may be the developer, or a person designated by the developer before the developer offers a unit for occupancy; or 3) 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 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, in the discretion of the Planning Board, a letter of credit or other performance guarantee acceptable to the Planning Board, Village Board and Village Attorney ensuring long-term maintenance and repair of said common elements. Such letter of credit or other performance 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 purchasers 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 the Village Zoning Law as they may pertain to such activities.

§ 87-30 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.

§ 87-31 (Reserved)

§ 87-32 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 Liberty; 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 new telecommunications facilities, 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 co-locate new telecommunications arrays on a previously approved telecommunications facility 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.

C. Special definitions. As used in this section, the following terms 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

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 telecommunication 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 Liberty from regulating.

TOWER

A structure of 35 feet or more 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) Telecommunications facilities shall be permitted as a sole use on any lot in a C District or M District subject to special use procedures and provided there is a two-hundred-foot yard on all sides. Provided that no residences directly adjoin the site and the applicant can demonstrate that lesser standards will, because of buffers and screening, not have a major aesthetic impact on the area or unduly interfere with the use and enjoyment of such adjacent properties, yards may be reduced to minimums otherwise applicable in the zoning district.

(2) Maximum height requirements for the zoning district may be exceeded, provided that 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.

(3) A telecommunications facility shall be permitted on a C District or M District 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) Where an antenna for a telecommunications facility is to be attached to an existing structure or building, it shall be a maximum height of 75 feet above the existing building or structure.

(c) 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.

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

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 then 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 Liberty to remove the facility and charge back the cost of removal to the foregoing parties. The Village of Liberty may also file a municipal lien against the land to recover the costs of removal and attorneys' 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. 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 Village for the purpose of assessing the feasibility of co-located facilities, and co-location shall be mandatory wherever physically feasible. Should co-location 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 of 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 co-location 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.

§ 87-33 (Reserved)

§ 87-34 Animals.

[Amended 10-26-2015 by L.L. No. 2-2015; 6-2-2022 by L.L. No. 2-2022]

A. Village of Liberty residents will be permitted to keep chicken hens in property located within the Village of Liberty, only under the following circumstances:

(1) Properties up to and including 1/2 an acre in size will be permitted to keep no more than six chicken hens. For each additional full half acre after the first, the property will be permitted to keep no more than six additional chicken hens.

(2) Chicken hen coops are to be kept in the rear or backyard of the property. Neither the chickens, nor the coops should be visible from any road. Chicken coops will comply with the setbacks and limitations stated in Subsection B of this section.

(3) No roosters shall be allowed on Village of Liberty properties.

(4) Chicken hens must not be kept in a manner that is injurious or unhealthful to any animals or people upon the property. Chicken waste will be disposed of promptly and in a safe and hygienic manner. There will be no outdoor slaughtering of chicken hens. No person shall sell eggs or chicken meat, or engage in chicken breeding or fertilizer production for commercial processes.

(5) Persons wishing to keep chicken hens within the Village of Liberty must obtain a license from the Village as set forth in Subsection C of this section.

(6) An annual licensing fee shall be paid on or before September 1, pursuant to Subsection C(5) of this section.

B. Chicken coop setbacks and limitations.

(1) The coops or cages housing must be situated over 25 feet from the property line of a property that contains any occupied structure and no less than 50 feet from any adjacent windows or doors. The coops or cages housing chicken hens may not be located in front of side street yard areas.

(2) The chicken hens shall be kept in both a coop and a fenced outdoor enclosure at all times. The coop shall be a covered, predator-resistant, well-ventilated structure, providing no less than two square feet per chicken hen. The outdoor enclosure shall be adequately fenced to contain the chicken hens and protect them from predators.

(3) The coop and the outdoor enclosure shall be cleaned on a regular basis to prevent the accumulation of animal waste. The coop and the outdoor enclosure shall be kept clean and sanitary at all times.

(4) The chicken feed or other food used to feed the chicken hens shall be stored indoors or in a vermin-proof, fastened container, and stored within a structure.

C. An application for license to keep chicken hens in the Village of Liberty shall include the following:

(1) The name of the applicant, applicant's telephone number, and full property address;

(2) The size of the subject property, and the number of chicken hens to be kept therein;

(3) Description of coops or cages, including fencing, any barriers, or enclosures surrounding the property;

(4) A description of the manner in which feces and other waste materials will be removed from the property;

(5) Application fee and annual renewal fee for a license to keep chicken hens shall be set by resolution of the Village Board. On June 1 of each year, the Village Code Enforcement Officer shall consider renewal of all chicken licenses, and may revoke such licenses for any violation of Village of Liberty code. The Village Board may also revoke the license based on any complaints. If the license is renewed, applicant may continue to keep chicken hens pursuant to Village code, provided an applicant pays the annual fee prior to September 1 of that year.

D. The keeping of other animals shall be limited to household pets such as dogs, cats, caged birds, rabbits and other similar small animals which can be kept indoors in a cage.

E. Penalties for offenses. Any person committing an offense against any provision of this section shall be guilty of a violation punishable by fine. The amounts of such fines will be established by resolution of the Village Board, and will be kept on file with the Village Clerk.

§ 87-35 Seasonal recreation camps/schools.

A. Camps shall provide a minimum of 10,000 square feet per cabin site and the same for each principal building.

B. No tent, activity area or recreational facility shall be located nearer than 100 feet from any public road and 100 feet from any adjoining property line.

C. Buildings and sleeping quarters (except tents) shall be set back 30 feet distance from each other; and tents shall be set a minimum of 10 feet apart.

D. Cabins or cottages designed for one-family occupancy only shall be permitted.

E. 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.

F. 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.

G. The use of outdoor public address systems is strictly prohibited. This provision shall apply to existing as well as new summer recreation camps/schools.

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

I. All provisions of the Sanitary Code or such other regulations of the County Health Department pertaining to camps and their sanitary facilities must be met.

J. The total interior floor area of each dormitory unit shall be not less than 250 square feet, and no more than two persons shall be housed per dormitory unit.

K. Seasonal recreation camps/school uses, bungalow colonies and similar uses designed for seasonal use 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 applicable zoning district and require special use approval and site plan review.

§ 87-36 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 shop or cafeteria 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 frontage on a Village, county, state or federal highway.

C. Point of ingress and egress shall be limited to a total of two on 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 at the end of 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 § 87-19 hereof.

§ 87-37 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. "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 at the end of 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.

§ 87-38 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.

§ 87-39 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 two 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 with appropriate landscaping in the front yard as shall be determined by the Planning Board. 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.

§ 87-40 Bed-and-breakfasts.

A. A bed-and-breakfast facility shall require a minimum lot area of 1/2 acre for the first four guest rooms.

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

C. The owner shall demonstrate 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.

§ 87-41 Outdoor display/storage of merchandise.

A. Yard sales. Individual private family yard sales are a permitted use in all zoning districts. They shall 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. All displayed materials shall be removed at the end of the sale.

(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 may conduct flea markets and tent sales, provided that no more than three such sales shall be conducted per calendar year and each sale is limited to five 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. 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.

§ 87-42 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 other standards found herein.

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 at the end of this chapter.

§ 87-43 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, 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 chapter, 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 above 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 M 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 Village 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 from the nearest patron.

§ 87-44 Signs.

Signs shall be regulated by Chapter 70, Signs, of the Village of Liberty Code.

§ 87-45 (Reserved)

§ 87-46 Junkyards.

Junkyards, as defined herein, are specifically prohibited in all zoning districts.

§ 87-47 Affordable housing developments.

A. To facilitate the provision of affordable housing in the Village of Liberty, the Village Board may, at its sole discretion, designate property in the R-1 Zoning District which meets the general requirements and design criteria set forth herein for affordable housing development use.

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

AFFORDABLE HOUSING

Residential units for a sales price or rental fee within the means of a household income which is 60% or less of the Sullivan County median household income as derived annually from data prepared by the United States Department of Housing and Urban Development.

AFFORDABLE HOUSING DEVELOPMENT

A residential development that consists of affordable housing, affordable senior housing or a combination of affordable housing and affordable senior housing.

AFFORDABLE SENIOR HOUSING

Residential units sold or rented to individuals aged 55 or older for a sales price or rental fee within the means of a household income which is 50% or less of the Sullivan County median household income, as derived annually from data prepared by the United States Department of Housing and Urban Development.

HOUSEHOLD INCOME

The gross annual income of all people who occupy a dwelling unit as their usual place of residence, including unrelated individuals. Household income includes but is not limited to taxable income, nontaxable income, investment income, accident and health plan benefits, insurance policy proceeds, distributions from trust funds, social security payments, unemployment compensation, child support and alimony payments, excluding the earnings of working minors and/or full-time students, alimony paid and taxable tuition benefits.

OPEN SPACE

Land maintained in its natural state and restricted by covenant or easement from development for other than passive recreational purposes such as picnic areas or trail development.

PLAYGROUND AREA

An area of land used for outdoor play or recreation by children under 12 years of age and often containing recreational equipment such as slides and swings.

RECREATION AREA

Land used for a combination of active and passive leisure time activities such as sports, hiking, picnics and similar uses, not including auto racing, movie theaters or other spectator sports or entertainment activities conducted on a commercial basis.

C. Procedure. The Village Board shall be authorized, in its sole discretion, to designate a property for affordable housing development use after receiving a report from the Village of Liberty Planning Board recommending the same. This report shall be based upon review, by the Planning Board, of a preliminary site plan application. The preliminary site plan application shall be completed to such detail as provided in § 87-57 herein. The Village Board shall, in making its determination, assess whether the proposed affordable housing development would be consistent with the sound development, safety, health and welfare of the property on which it is proposed and the surrounding neighborhood. Any designation of a property for affordable housing development use by the Village Board shall be conditioned upon Planning Board approval of a detailed site plan complying with the requirements of § 87-57 herein for special use site plans. The Planning Board shall only be authorized to review and act upon such site plan following Village Board approval. Village Board designation of a property for affordable housing development use shall only serve to authorize a full application and shall not be construed as an approval to proceed with development or serve to vest any rights in such development with the applicant. Village Board action shall be a necessary prerequisite of Planning Board approval but not sufficient in its own right to authorize any disturbance or use of land for purposes of affordable housing development. Such authority shall remain with the Planning Board.

[Amended 12-17-2008 by L.L. No. 8-2008]

D. General requirements. The following provisions shall apply to affordable housing developments:

(1) Location. Affordable housing development may be permitted, at the sole discretion of the Village Board, in the R-1 Zoning District.

(2) Minimum site area. An affordable housing development site must contain at least 10 contiguous acres of land, net of wetlands, quarries, slopes over 25% in grade, water bodies, or acreage used for improvements such as storm drainage facilities or sewage effluent disposal areas.

(3) Affordable senior housing. An affordable housing development must allocate at least 30% of its units for affordable senior housing.

(4) Density. Affordable housing development dwelling density shall be limited to twice the number of dwelling units per acre than 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. Maximum permitted density shall be calculated by taking the total acreage of the development site (net of wetlands, quarries, slopes over 25% in grade, water bodies, or acreage used for improvements such as storm drainage facilities or sewage effluent disposal areas), dividing it by the minimum lot area for the underlying zoning district, and multiplying by two.

(5) Open space, recreation area and playground area requirements. All areas of an affordable housing development site not conveyed to individual owners, and not occupied by buildings and required or proposed improvements, shall remain as permanent open space or be dedicated as recreation area or playground area (see definitions)[1]to be used for the sole benefit and enjoyment of the residents of the affordable housing development being proposed. Such area shall be subject to the following regulations:

(a) No less than 25% of the affordable housing development site, net of wetlands, quarries, slopes over 25% in grade, water bodies, or acreage used for improvements such as storm drainage facilities or sewage effluent disposal areas, must be dedicated to open space, recreation area or playground area, if playground area is required.

(b) No less than 50% of the area (no less than 12.5% of the total development site net of wetlands, quarries, slopes over 25% in grade, water bodies, or acreage used for improvements such as storm drainage facilities or sewage effluent disposal areas) shall be dedicated to recreation area or playground area, if playground area is required, for the sole benefit and enjoyment of the residents of the proposed affordable housing development.

(c) Recreation areas shall be usable for active and passive recreational activities and shall not include wetlands, quarries, slopes over 25% in grade, water bodies, or acreage used for improvements such as storm drainage facilities or sewage effluent disposal areas.

(d) Affordable housing developments of 50 units or more shall provide 1/2 acre of playground area per every 50 units not restricted to senior affordable housing use, which may be located within the required recreation area.

(e) Recreation areas and playground areas (as distinct from permanent open space) shall be freely and safely accessible to residents of the development.

(f) Fees in lieu of dedication may not be substituted for such open space, recreation area or playground area.

[1] Editor's Note: See Subsection B.

(6) Services and utilities. All affordable housing developments shall be served with central sewerage facilities and water supplies. All electrical and other utilities shall be placed underground and buried to a depth determined by the Village Engineer as sufficient for safety purposes.

E. Design criteria. The following design criteria shall apply to affordable housing developments:

(1) There shall be no more than 15 dwellings per building in an affordable housing development, except that a building containing senior affordable housing dwellings may contain no more than 25 dwellings.

(2) No buildings shall be located within 100 feet of any pond, reservoir, lake or watercourse that is part of a water supply system. No building shall be erected within a distance equal to its height of any other building.

(3) Access and egress from the proposed affordable housing development shall be directly to a public road. 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 affordable housing development shall be served by more than one entrance and exit from any public highway, unless topography or other physical circumstances would preclude the use of a single entrance in a safe manner.

(4) Parking spaces of one per dwelling unit of senior affordable housing and 1.25 per unit of affordable housing shall be provided within the affordable housing development. Parking may be provided along the interior access roads for the affordable housing development. No more than 15 parking spaces may be provided in a continuous row without being interrupted by landscaping.

(5) Walks shall be provided throughout the affordable housing development to ensure that roads shall not be required for pedestrian circulation.

(6) The affordable housing development shall comply with the development standards for the underlying R-1 Zoning District, except for the floor area per dwelling unit requirement.

(7) The affordable housing development shall provide landscaping in compliance with the requirements of § 87-20.

(8) The affordable housing development shall provide lighting in compliance with the requirements of § 87-21.

§ 87-48 through § 87-50. (Reserved)