[1]
Editor's Note: Former § 87-26, Manufactured (mobile)
homes and parks, was repealed 4-20-2023 by L.L. No. 2-2023.
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.Â
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.Â
Exterior walls of adjacent buildings shall be no closer
than 1Â 1/2 times the height of the higher building wall, but
in no case closer than 50 feet.
C.Â
The standards set forth for light industrial uses
shall be adhered to for planned development proposed for such use.
D.Â
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.Â
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.Â
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.
A.Â
Purposes.
(1)Â
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)Â
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)Â
More usable open space and recreation areas.
(c)Â
More convenience in location of certain accessory
commercial and service areas.
(d)Â
The preservation of trees, outstanding natural
topography and geological features and the prevention of soil erosion.
(e)Â
A creative use of land and related physical
development which allows an orderly transition from rural to urban
uses.
(f)Â
An efficient use of land resulting in small
networks of utilities and streets and thereby lower housing costs.
(g)Â
A development pattern in harmony with objectives
of the Joint Liberty Comprehensive Plan.
(2)Â
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.Â
Procedures. The Village Board shall establish PUD
Districts in the following manner:
(1)Â
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)Â
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]Â
The location and types of the various uses and
their areas in acres.
[2]Â
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]Â
The general outlines of the interior roadway
system and all existing public and private rights-of-way and easements.
[4]Â
The location and area of the common open space.
[5]Â
The overall drainage system.
[6]Â
A location map showing uses and ownership of
abutting lands.
[7]Â
Provisions of sewers, water and other required
utilities.
(b)Â
In addition, the following documentation shall
accompany the sketch plan:
[1]Â
Evidence that the proposal is compatible with
the goals of the Joint Liberty Comprehensive Plan.
[2]Â
How common open space is to be owned and maintained.
[3]Â
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)Â
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)Â
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)Â
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)Â
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)Â
Action on preliminary plan.
(a)Â
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)Â
The Planning Board shall approve the plan if
it finds that:
[1]Â
The proposed uses will not be detrimental to
present and potential uses in the area surrounding the proposed district.
[2]Â
Existing and future highways are suitable and
adequate to carry anticipated traffic associated with the proposed
district.
[3]Â
Existing and future utilities are or will be
adequate for the proposed development.
[4]Â
The development plan complies with the requirements
of this chapter and is consistent with the Joint Liberty Comprehensive
Plan.
(c)Â
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)Â
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)Â
Final approval.
(a)Â
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.
(b)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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.Â
General requirements.
(1)Â
Location. A PUD District may be permitted in any R-1,
R-2, C or M District.
(2)Â
Minimum site area. A PUD District should comprise
at least 20 contiguous acres of land.
(3)Â
Density and open space. The density and open space
standards applicable to conservation subdivisions shall also apply
to all PUD projects.
(4)Â
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)Â
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)Â
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)Â
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)Â
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]
A.Â
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)Â
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)Â
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)Â
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)Â
Activities intended for the sole benefit of the occupants
of the particular project proposed; or
(5)Â
Permanent open space as hereinafter provided.
B.Â
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.Â
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:
D.Â
Complete final building plans shall also be submitted
as part of the final development plan application.
E.Â
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.Â
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)Â
Land contained within public rights-of-way.
(2)Â
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)Â
Land contained within the boundaries of easements
previously granted to public utility corporations providing electrical
or telephone service.
(4)Â
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.Â
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)Â
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)Â
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)Â
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)Â
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)Â
Developments of 50 units or more shall provide 1/2
acre of playground area per 50 units unless restricted to adult occupancy
only.
H.Â
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.Â
The following design criteria shall apply to multifamily
developments;
(1)Â
There shall be no more than 10 dwellings in each multifamily
building.
(2)Â
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)Â
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)Â
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)Â
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)Â
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)Â
No structure shall be erected within a distance equal
to its own height of any other structure.
(8)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Walks shall be provided throughout the development
area to ensure that roads shall not be required for pedestrian circulation.
(14)Â
The Fire Inspector of the fire district in which
the development is proposed shall review any development for adequate
access for emergency vehicles.
(15)Â
The side yard applicable to a multifamily structure
shall be increased by 10 feet for each dwelling unit over two within
the structure.
J.Â
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.Â
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.Â
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.Â
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)Â
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)Â
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.Â
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.Â
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.
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.Â
There shall be adequate parking to accommodate the
new use in combination with other activities on the property or in
the vicinity.
B.Â
There shall be demonstrated sewage treatment and water
supply capacity to serve any increased needs connected with the new
use.
C.Â
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.Â
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.Â
A building permit shall be required for all conversions
of residential structures.
A.Â
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.Â
Application.
(1)Â
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)Â
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)Â
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.Â
ANTENNA
ARRAY
TELECOMMUNICATIONS EQUIPMENT BUILDING
TELECOMMUNICATIONS FACILITY
TOWER
Special definitions. As used in this section, the
following terms shall have the meanings indicated:
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.
Telecommunications signal receiving or transmitting device
attached to telecommunications tower and not extending the height
thereof.
The building in which the electronic receiving and relay
equipment for a telecommunications facility is housed.
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.
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.Â
Design and location standards. The following design
and location standards shall apply to all telecommunications facilities:
(1)Â
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)Â
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)Â
A telecommunications facility shall be permitted on
a C District or M District property with an existing use subject to
the following conditions:
(a)Â
The telecommunications facility shall be fully
automated and unattended on a daily basis and shall be visited only
for periodic maintenance.
(b)Â
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)Â
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)Â
The antenna or array shall be camouflaged or
otherwise designed to be aesthetically compatible with the existing
architectural and natural environment.
E.Â
Plan review criteria. Communications facilities shall
be subject to all the ordinary review criteria applicable to special
uses plus the following:
(1)Â
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)Â
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)Â
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)Â
Freestanding pole-type communications structures shall
be given preference over towers supported by guy wires.
(5)Â
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)Â
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)Â
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)Â
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.
[Amended 10-26-2015 by L.L. No. 2-2015; 6-2-2022 by L.L. No. 2-2022]
A.Â
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)Â
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)Â
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)Â
No roosters shall be allowed on Village of Liberty properties.
(4)Â
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.
B.Â
Chicken coop setbacks and limitations.
(1)Â
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)Â
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)Â
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)Â
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.Â
An application for license to keep chicken hens in the Village of
Liberty shall include the following:
(1)Â
The name of the applicant, applicant's telephone number, and full
property address;
(2)Â
The size of the subject property, and the number of chicken hens
to be kept therein;
(3)Â
Description of coops or cages, including fencing, any barriers, or
enclosures surrounding the property;
(4)Â
A description of the manner in which feces and other waste materials
will be removed from the property;
(5)Â
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.Â
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.Â
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.
A.Â
Camps shall provide a minimum of 10,000 square feet
per cabin site and the same for each principal building.
B.Â
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.Â
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.Â
Cabins or cottages designed for one-family occupancy
only shall be permitted.
E.Â
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.Â
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.Â
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.Â
All structures and uses shall be effectively screened
along lot lines, as required by the Planning Board.
I.Â
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.Â
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.Â
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.
Hotel, motel and resort establishments, where
permitted, shall require special use review by the Planning Board
and be subject to the following standards:
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
A.Â
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.Â
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.Â
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.
A.Â
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.Â
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.Â
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.Â
Such use shall require certification from appropriate
state agencies.
A.Â
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.Â
The minimum required lot area for such use shall be
15,000 square feet.
C.Â
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.Â
Pumps and other devices, including all signs, shall
be located at least 20 feet from any street line.
E.Â
All automobile parts, dismantled vehicles and similar
articles shall be stored within a building.
F.Â
The illuminated parts of and lettering which are customarily
part of or affixed to gasoline pumps shall not be deemed signs.
G.Â
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.Â
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.Â
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.Â
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.
A.Â
A bed-and-breakfast facility shall require a minimum
lot area of 1/2 acre for the first four guest rooms.
B.Â
Two additional guest rooms may be provided for every
additional 1/4 acre up to a maximum of 12 guest rooms.
C.Â
The owner shall demonstrate there are adequate sewer
and water supply facilities to serve the guests to be accommodated.
D.Â
No bed-and-breakfast facility shall lodge persons
for more than two months at a time.
E.Â
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.
A.Â
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)Â
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)Â
All items shall be placed and offered for sale within
the confines of the property described in the permit.
(3)Â
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.Â
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.Â
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)Â
The location and size of the proposed use.
(2)Â
The nature and intensity of the operations involved.
(3)Â
The size of the site relative to the use and its location
with respect to highways or streets giving access to it.
(4)Â
Whether such use will discourage appropriate development
and use of adjacent land or buildings or impair their value.
(5)Â
Whether there are any characteristics of such use
that will be objectionable to occupants of nearby properties.
(6)Â
The electric lighting and advertising that will be
involved in such use.
(7)Â
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)Â
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.
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.Â
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.Â
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.Â
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.
A.Â
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.Â
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.Â
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
D.Â
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)Â
No adult use shall be located within a five-hundred-foot
radius of any residence or other Village residential or commercial
zoning district.
(2)Â
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)Â
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)Â
No adult use shall be located within a five-hundred-foot
radius of the property of another adult use.
(5)Â
The proposed adult use shall not be contrary to the
public interest or injurious to nearby properties.
(6)Â
The proposed adult use shall not be contrary or injurious
to any program of neighborhood conservation or improvement, either
residential or nonresidential.
E.Â
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.
Signs shall be regulated by Chapter 70, Signs, of the Village of Liberty Code.
Junkyards, as defined herein, are specifically
prohibited in all zoning districts.
A.Â
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.Â
AFFORDABLE HOUSING
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE SENIOR HOUSING
HOUSEHOLD INCOME
OPEN SPACE
PLAYGROUND AREA
RECREATION AREA
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
A residential development that consists of affordable housing,
affordable senior housing or a combination of affordable housing and
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.
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.
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.
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.
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.Â
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.Â
General requirements. The following provisions shall
apply to affordable housing developments:
(1)Â
Location. Affordable housing development may be permitted,
at the sole discretion of the Village Board, in the R-1 Zoning District.
(2)Â
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)Â
Affordable senior housing. An affordable housing development
must allocate at least 30% of its units for affordable senior housing.
(4)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Recreation areas and playground areas (as distinct
from permanent open space) shall be freely and safely accessible to
residents of the development.
(f)Â
Fees in lieu of dedication may not be substituted
for such open space, recreation area or playground area.
(6)Â
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.Â
Design criteria. The following design criteria shall
apply to affordable housing developments:
(1)Â
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)Â
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)Â
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)Â
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)Â
Walks shall be provided throughout the affordable
housing development to ensure that roads shall not be required for
pedestrian circulation.
(6)Â
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.