Town of Fallsburg, NY
Sullivan County
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Table of Contents
Table of Contents
Townhouses shall be permitted by special permit in the PRD Planned Resort Development, R-1 Residence and HR-1 Hamlet Residence Zoning Districts subject to site plan approval by the Town of Fallsburg Planning Board and the standards contained in this Article XVII.
As used in this article, the following terms shall have the meanings indicated:
AFFORDABLE HOUSING UNIT
A dwelling unit that is affordable to purchase for families earning between 101% and 120% of Sullivan County's median family income.
TOWNHOUSE ASSOCIATION
A not-for-profit corporation pursuant to the New York State Not-for-Profit Corporation Law that is established to operate and maintain common areas and recreational amenities on behalf of the homeowners within a townhouse project.
TOWNHOUSE BUILDING
A main building consisting of at least three vertically attached single-family dwelling units for the purpose of occupancy and ownership, designed and constructed so as to allow for the sale of individual dwellings including the lot and appurtenances thereon.
TOWNHOUSE LOT
A lot in which the property lines run from the front lot line through the center of the common party walls of attached interior units and continue to the rear lot line. Such lot shall be configured to allow separate ownership of each lot and the dwelling thereon.
TOWNHOUSE PROJECT
A land development project consisting of at least one townhouse building as defined herein and all open space and amenities thereon.
TOWNHOUSE UNIT
An individual attached single-family residence within a townhouse building.
The following standards shall be required for all townhouse developments proposed within the PRD, R-1 and HR-1 Zoning Districts:
A. 
General requirements.
(1) 
Subdivision of individual townhouse unit lots shall be required in accordance with Chapter 260, Subdivision of Land. Property lines shall run from the front lot line through the center of the common party walls of attached interior units and continue to the rear lot line. Each townhouse lot shall be configured in a manner that allows for separate ownership of the lot and dwelling unit thereon.
(2) 
A site plan in accordance with Article VII of this chapter shall be required for any proposed townhouse project.
(3) 
A townhouse building must contain at least three attached single-family dwelling units and may not contain more than seven townhouse units.
B. 
Size of lot and density of development.
(1) 
The minimum lot width of a townhouse lot shall be 20 feet for an affordable townhouse unit and 24 feet for all other units.
(2) 
A minimum of 14,500 square feet of lot area shall be provided per dwelling unit for a proposed townhouse project in a PR-Planned Resort District.
(3) 
A minimum of 10,890 square feet of lot area shall be provided per dwelling unit for a proposed townhouse project in the R-1 Residence District.
(4) 
A minimum of 10,890 square feet of lot area shall be provided per dwelling unit for a proposed townhouse project in the HR-1 Hamlet Residence District.
(5) 
The maximum percentage of lot coverage for main and accessory buildings shall not exceed 30% of the townhouse project site.
C. 
Yard requirements.
(1) 
Front yard [units with no garages or garage entrances to the rear]. An average front yard setback of 20 feet shall be required for townhouse buildings but in no case shall the front yard setback for individual units be less than 16 feet between the building wall closest to street and the edge of the sidewalk facing the townhouse building.
(2) 
Front yard [units with garage facing front yard]. An average front yard setback of 25 feet shall be required for townhouse buildings and a minimum distance of 20 feet shall be provided between the garage door and the edge of the sidewalk facing the townhouse building.
(3) 
Rear yard. Each townhouse unit shall have a minimum rear yard setback of not less than 25 feet.
(4) 
Side yards. Each townhouse building shall have two side yards of not less than 30 feet.
(5) 
Separation between buildings. The minimum distance between townhouse buildings shall be as follows: front wall to front wall, 85 feet (including street right-of-way); side wall to side wall, 35 feet; and rear wall to rear wall, 60 feet.
D. 
Minimum floor area per dwelling unit.
(1) 
The minimum habitable floor area per townhouse unit with three or more bedrooms shall be 1,100 square feet.
(2) 
The minimum habitable floor area per two bedroom townhouse unit shall be 950 square feet.
(3) 
The minimum habitable floor area per one bedroom townhouse unit shall be 800 square feet.
E. 
Architectural design.
(1) 
The front yard setback for individual townhouse units shall be varied so that no more than two abutting units have the same setback in order to break up the mass of the horizontal building wall of the townhouse building.
(2) 
Variations in the design and materials of individual townhouse units shall be incorporated into the townhouse building so that no more than two abutting units have the same total facade details or appearance.
(3) 
Rooflines of individual units, including such elements as porticos, dormers, etc. shall be varied to provide visual interest.
(4) 
Townhouse units shall be separated by a common party wall that is designed to meet the New York State Uniform Building Code.
(5) 
Garages shall be designed so as not to dominate the front building facade through the use of offsets and variation in the details of doors.
(6) 
Mail boxes shall be placed within a common "mail box" building that is complementary to the overall design of the development.
F. 
Access, circulation and parking.
(1) 
A circulation system shall be designed to provide safe and convenient access to townhouse units and community facilities. The internal circulation system shall be sufficient for vehicular, bicycle and pedestrian movement and must accommodate fire and emergency access needs. The road right-of-way for an interior road shall be 35 feet with a paved street width of 24 feet; six-inch curb on each side; six-inch grass median between sidewalk and curb; and four-foot sidewalk on at least one side of the street.
(2) 
A minimum of two off-street parking spaces shall be provided for each townhouse unit on each townhouse lot or within common parking areas. An additional 1/2 space per townhouse unit shall be provided within common parking areas for visitors. Developers must prepare construction drawings that show all required parking on the approved plan but may elect to defer full improvement of up to 10% of the required parking when there is some uncertainty as to the parking demand for the proposed development. If demand is needed in the future, the reserved spaces must be constructed by the developer. The Planning Board may approve an area designated for the parking of commercial vehicles used by residents within a supplemental parking area.
(3) 
Sidewalks shall be provided within all Townhouse projects that are a minimum of four feet in width in order to provide for the safe movement of pedestrians between townhouse units and to and from all common recreation facilities. Said sidewalks shall be separated from the edge of the road by a six-foot median planting strip that shall be provided for the planting of street trees or grass.
(4) 
The outside storage or recreational vehicles and/or boats on individual townhouse lots shall be prohibited. The Planning Board may authorize the provision of recreational vehicle storage spaces within a designated area provided such area is screened from public view and used solely for townhouse residents.
G. 
Landscaping. A landscaping plan designed by a professional landscape architect who understands the local climate and growing patterns shall be submitted to the Planning Board for its review and approval. The following minimum standards shall apply:
(1) 
Lawns of all townhouse units shall be properly graded and seeded to provide for grass lawns.
(2) 
Street trees shall be provided in a quantity that is equivalent to that of spacing the trees 30 feet on center. Such trees shall then be grouped into "groves" in order to simulate a more natural stand of trees, rather then repetitive rows. Groves of "street trees" shall be a minimum height of six feet to eight feet with a 2 1/2 inches caliper at breast height at the time of planting and a drip line diameter of 20 feet to 40 feet at full growth.
(3) 
Front lawn trees shall have a height of three feet to four feet with a 1 1/2 inches caliper at breast height at the time of planting and a drip line diameter of eight feet to 15 feet at full growth. Species shall be consistent with the flowering type.
(4) 
Rear and side yard trees should include a mix of deciduous and evergreen trees. Evergreens shall be a minimum height of six feet at the time of planting and be used to provide visual separation (buffer). Deciduous trees shall be four feet to six feet with a two-inch caliper at breast height at the time of planting and a drip line diameter of 15 feet to 30 feet at full growth and be located in a manner that provides shade in the summer and sun in the winter.
(5) 
Shrubs and ground plantings shall be shown on the landscaping plan.
(6) 
All landscaping within common areas owned by the townhouse association shall be well maintained and kept in a healthy condition. When plantings die, they shall be replaced.
H. 
Common areas and recreational facilities.
(1) 
Every townhouse project shall provide for common open space and recreational amenities for project residents that are maintained by a not-for-profit townhouse association in accordance with the following standards:
(a) 
The minimum lot area for a common recreational facility shall be 20,000 square feet.
(b) 
For a townhouse project that includes more than 25 townhouse units, a common recreation clubhouse shall be provided that is at least 2,000 square feet in size. Such structure shall provide one off-street parking for each three persons based upon maximum permitted occupancy and be maintained by the not-for-profit townhouse association.
I. 
Utilities.
(1) 
All electric, telephone, and cable shall be located underground within the proposed townhouse project.
(2) 
All utility junction boxes shall be contained a within a vault that is placed underground in a manner where the top of the vault is flush with the grade of the finished lawn.
(3) 
All transformers shall be screened with shrubs on three sides.
A. 
At least 10% of the townhouse units shall be affordable. Such units shall be dispersed throughout the townhouse project and shall be indistinguishable from market rate units in terms of their exterior appearance.
B. 
A family earning between 100% and 120% of the Sullivan County median family income shall be deemed eligible to apply for an affordable housing unit in the Town of Fallsburg. Priority preference will be given to applicants based upon the following factors:
Table 9
Affordable Housing Preference Points
Preferences
Town of Fallsburg
Sullivan County
a. Resident who resides in the Town of Fallsburg for a minimum of 2 consecutive years
3
0
b. Volunteer Fire Department or Ambulance Corps members with 2 years consecutive service
3
1
c. Municipal employees with 2 years of consecutive employment
3
1
d. School district employees with 2 consecutive years employment
3
1
e. Veteran of the U.S. Armed Services, honorably discharged
2
0
f. Health-care workers with a minimum of 2 years employment
2
0
g. Persons 60 years of age or over
2
0
h. Person with disabilities
1
0
C. 
Percentage of affordable units by income range. Twenty-five of the required number of affordable housing units within a townhouse project shall be made available to households in each of the following income ranges that are based upon the Sullivan County median family income:
(1) 
One hundred one percent to 105%;
(2) 
One hundred six percent to 110%;
(3) 
One hundred eleven percent to 115%;
(4) 
One hundred sixteen percent to 120%.
D. 
All affordable housing units shall be the primary residence of their owners. Owners may not rent their unit or any portion thereof to others.
E. 
Initial sale and resale of affordable housing units.
(1) 
Calculation of initial sales price. Maximum sale price shall be set by resolution of the Town Board and amended from time to time after review of relevant information that may be provided by federal and state affordable housing departments, as well as developers. The initial sales price of a unit shall be calculated such that the annual cost of the sum of principal, interest, taxes, insurance, and common charges, as applicable, shall not exceed 28% of the median family income allowed for such unit.
(2) 
Affordable housing units shall only be sold to eligible income households. The owner of an affordable unit shall notify the Town Board of their intent to sell prior so that persons on the Town affordable housing waiting list can be contacted to advise them of their eligibility to purchase the affordable housing unit. The maximum base resale price of a unit shall be calculated such that the annual cost of the sum of principal, interest, taxes, insurance, and common charges, as applicable, shall not exceed 28% of the median family income allowed for such unit.
(3) 
The exterior of all affordable units within a townhouse development shall be maintained at the original builder's specifications.
(4) 
The Assessor shall consider the limited increase in the resale value of an affordable housing unit when determining the appropriate assessment on such units.
(5) 
The original deed and any subsequent deeds or instruments used to transfer title to an affordable housing unit shall include a provision indicating that the unit is an affordable housing unit subject to restrictions on occupancy and resale. Evidence of the inclusion of such restrictions on the filed subdivision map shall be made prior to issuing a certificate of occupancy for any unit in the subdivision. The following language shall be recorded in the deed: "This dwelling unit has been constructed for use by moderate-income families pursuant to a special housing program established by the Town of Fallsburg and must be the principal dwelling of the homeowner. All future sales or resale of this dwelling unit must be to a person who is determined to be eligible pursuant to the income limitations set forth by the Town Board and at a price determined to be in accordance with the Town's affordable housing program."
(6) 
There shall be no restriction to the right to inherit an affordable housing unit; however, any subsequent resale of the unit must be to an eligible person.
F. 
Administration. The Town Board shall oversee the administration of the affordable housing program.
(1) 
The Town Board shall set annual income limits and resale values.
(2) 
The Town Board and/or Affordable Housing Committee appointed by the Town Board shall accept and review applications for affordable housing units. Applications shall be scored and ranked with an eligibility list maintained on file.
(3) 
A lottery procedure to select applicants that have equal priority points shall be created, when needed.
(4) 
The Town Board or designee shall maintain a list of all affordable units in the Town.
(5) 
The Town Board or designee shall review all deed restrictions for affordable housing units to ensure compliance with this chapter.
(6) 
The Town Board or designee shall prepare an annual report to the Town Board on the status of its affordable housing units.
G. 
Fees. To offset the cost of administration of the affordable housing program, the following fees shall be payable:
(1) 
Developer shall pay 1/4 of 1% of the sale price of the affordable housing unit.
(2) 
On resale, the homeowner shall pay 1/4 of 1% of the sales price of the affordable housing unit.
(3) 
Each owner of an affordable housing unit shall pay an annual fee of $50 in person and provide proof of residency in a form acceptable to the Town Attorney. These fees shall be made payable to the Town of Fallsburg.