§ 175-32Purpose; findings.
§ 175-33Permitted uses.
§ 175-34Accessory uses.
§ 175-35Age requirements; exceptions.
§ 175-36Minimum site development requirements.
§ 175-37Supplementary requirements.
§ 175-38Site plan review and approval.
§ 175-39Site development plans.
§ 175-40Construction time period.
It has been determined by the Board of Trustees that:
Many residents of the Village of Washingtonville and the surrounding area have reached the age where their housing needs are different from those of younger groups.
The special needs of these older persons include suitable and adequate accommodations and facilities, properly located, for social, cultural and recreational activities which will afford them a pleasant and productive way of life.
These special needs of older people are being met nationally by the creation of adult communities which are especially designed to offer such accommodations and facilities.
The Board of Trustees recognizes the needs of these adult citizens and the desirability of such adult communities carefully planned to meet such needs and that, unless such needs are met, many older residents whose roots are in the Village of Washingtonville and the surrounding area and who wish to reside therein close to their children and families may be obligated to leave, thereby causing the village to lose a valuable human resource.
The Board of Trustees finds that the creation of a zoning district which will permit the construction of such adult communities is in the public interest and will promote the health, welfare and safety of the residents of the Village of Washingtonville, and the Board of Trustees hereby enacts the following provisions.
In the R-PAC Residence District, no building, structure or premises shall be used or occupied and no building or part thereof or other structure shall be erected or altered unless otherwise provided in this chapter, except for the following uses:
Residential accommodations including units in one- and two-level townhouses, but not including motels, rooming houses or tourist houses or tourist homes. Dwelling units may have one or two bedrooms.
Recreational and cultural areas and facilities for the sole use of residents of the community and their guests which may include but are not limited to the following: lakes, canals, private marinas, shuffleboard and tennis courts, clubhouses, picnic grounds, sitting areas, group game areas and swimming pools.
Necessary accessory buildings and uses including facilities for maintenance, administration, sales offices, model buildings, gate houses, off-street parking, storage facilities, laundry rooms, professional and medical offices where the services to be rendered are primarily for the benefit of the residents of the community and those facilities necessary to the operation of utility systems serving the community.
The planned adult community shall be limited to persons who are 55 years of age or over, with the following exceptions:
A husband or wife under the age of 55 years who is residing with his or her spouse or other member of his or her immediate family who is 55 years of age or over.
Children or grandchildren residing with their parents or grandparents where one of said parents or grandparents with whom the child or children is residing is 55 years of age or older, provided that said child or children or grandchild or grandchildren is over the age of 18 years.
Adults under 55 years of age may be admitted as permanent residents if it is established to the satisfaction of the Board of Trustees that the presence of such person is essential for the physical care and economic support of eligible older persons.
In the R-PAC Residence District, no building, structure or land shall be used, erected, altered, enlarged or maintained unless it is in accordance with a site development plan and its amendments, approved by the Planning Board of the Village of Washingtonville as hereinafter described. Such a site development plan shall meet at least the following minimum requirements:
Minimum area. The minimum area shall be 20 acres.
Residential density. There shall not be more than seven dwelling units per gross acre of land planned and approved under this article.
Building area. Principal and accessory buildings shall together not cover more than 20% of the gross area.
Height. No building shall exceed 35 feet or 2 1/2 stories, whichever is less. There shall be no height limit on flagpoles, domes, spires, chimneys, skylights, television antennas and other necessary appurtenances usually placed above the roof level, provided that they shall be erected only to the minimum height necessary to accomplish the purpose they are intended to serve and present no hazard to abutting properties.
Yard requirements. No building or structure other than garages, entrance gatehouses, walls or fences shall be located within 30 feet of any exterior boundary line.
Off-street parking. There shall be provided at least 1.5 spaces for each dwelling unit.
Due consideration shall be given in planning walks, ramps and driveways to prevent slipping or stumbling; handrails and ample places for rest shall be provided. Gradients or walks shall not exceed 10% and single-riser grade changes in walks shall not be permitted. All outdoor areas available to the residents shall permit them to move about without danger and with minimum effort.
The architectural design of all buildings and site selection and recreational facilities must be consistent with the ultimate purpose of achieving independent, self-reliant and pleasant living arrangements for a group of older persons and should take into account the desires and needs of older persons for privacy, participation in social and community activities and access to community facilities.
Adequate facilities shall be provided for the removal of snow, trash and garbage and for the general maintenance of the community.
Artificial lighting of the grounds shall provide illumination sufficient for the convenience and safety of the residents.
Whenever natural ventilation is not adequate for comfort and health, mechanical ventilation shall be provided. Kitchen and bathrooms not having windows on exterior walls shall be provided with mechanical ventilation.
Each dwelling unit shall have bath facilities, including as a minimum a lavatory, water closet and bathtub or stall shower. The size of the bathroom and arrangement of the fixtures, accessories and trim shall be selected for and provide maximum features of design that contribute to the safety, convenience and aid to older persons. The floor finish shall be impervious to water and have nonslip characteristics.
The village shall have the right to require that the applicant execute such agreements and covenants as may be reasonably necessary to implement the requirements of this Article. Said agreements or covenants shall be such as may be recorded in the County Clerk's office and constitute a covenant running with the land. Such covenant or agreement may only be modified or released as set forth in said covenant or agreement or upon consent of the Board of Trustees.
All applications for a planned adult community shall be accompanied by a preliminary site development plan for the entire property or such part or section of the property as may be submitted by the applicant to the Planning Board for its approval. No such application shall be approved until the preliminary site plan has been approved by the Planning Board. Such application shall be in addition to any subdivision approval required by the Subdivision Regulations of the Village of Washingtonville.
Final site development plan approval.
No building or certificate of occupancy shall be issued for the construction or use of any building in an R-PAC Residence District except in accordance with the approved preliminary site development plan, as modified or amended by the Planning Board, and in accordance with a final site development plan approved by the Planning Board as to the section or sections submitted by the developer. The developer must file a final site development plan for the section or sections upon which he intends to build to the Planning Board for approval prior to the construction of any improvements on the property contained in the plan. There shall be submitted with the application for final site plan approval a copy of any restrictive covenant running in favor of the village, or, if there is no such restrictive covenant, the applicant shall furnish an affidavit to that effect. Such Planning Board shall determine that all of the requirements of this Article and all other applicable municipal ordinances, rules, regulations and laws have been complied with. The Planning Board shall review ingress and egress to and from all public highways to the premises subject to the approval of the appropriate municipal agency having jurisdiction of such highways, all drainage facilities, the traffic pattern within the premises, the location and placement of parking spaces, parking area, loading areas and spaces, curbs, sidewalks and across driveways as may be required under this Article or by any municipal agency, lights and the placement of signs on the premises. The Planning Board shall also review the location of structures upon the site as well as height, length, spacing, open spaces and all other physical features and improvements. The Planning Board shall approve such site plan or approve it with modifications or shall disapprove it and shall set forth its reasons for the action taken. No building permit shall be issued by the Building Inspector without such approval of the site plan and, in appropriate cases, authorization by special permit from the Board of Appeals, and permits from any other appropriate municipal agencies having jurisdiction over the project, if required.
In any case where the site plan submitted by the applicant indicates a variance will be required from the Board of Appeals in order to construct or use the premises as shown on said site plan, the applicant shall submit an application to the Board of Appeals simultaneously with the filing of this application for approval of the site plan with the Planning Board. Upon adoption by the Board of Appeals, a resolution granting the application for the variance shall be deemed to be incorporated in the site plan submitted by the applicant.
In any case where it may do so by law, the Planning Board may modify or waive, subject to appropriate conditions, the provision of any or all of the improvements or requirements of this section as in its judgment of the special circumstances of a particular R-PAC project are not requisite in the interests of the residents of such project or of the public health, safety and general welfare.
The preliminary site development plan may, if required by the Planning Board, contain the following general information:
The topography of the tract in the United States Coast and Geodetic Survey datum showing the location of woodland, streams and water areas and other significant land features.
The general location, size and use of all structures.
Streets, service driveways, parking lots and other proposed on-site development in sufficient detail to demonstrate the feasibility and compliance with this Article.
A comprehensive drainage plan with proposed collection system.
If plan is not to be developed in its entirety, section lines.
Final site development plans.
The final site plan required by the Planning Board shall contain a detailed plan of the property showing property boundaries, streets, location, dimension and use of all proposed structures. The location of all structures shall indicate by dimensions in compliance with the Article. The site grading and drainage plan required by the Planning Board shall contain a detailed plan of all proposed construction, i.e., buildings, streets, drainage structures, recreation facilities, etc., complete with elevations, dimensions and contours of the existing topography.
The Planning Board may consider the preliminary site development plan from the point of view of standards and purposes of adult communities so as to achieve a maximum coordination between the proposed development of the surrounding uses, the conservation of woodland and the protection of watercourses from erosion and silting and a maximum of safety, convenience and amenity for the residents of the community.
If the Planning Board finds that a preliminary site development plan meets these requirements, it may approve the plan, approve it with modifications or deny it. If the Planning Board finds that the final site development plans with respect to each section submitted meet the requirements of this Article and is in substantial conformity with the preliminary site development plan, it may approve such final site development plan. The Planning Board shall notify the applicant, in writing, of its approval or disapproval promptly but in no case later than 45 days after the filing of the application, except that the applicant may consent to the extension of this time limit. In the case of disapproval, the reasons therefor shall be given and the changes necessary for approval shall be stated.
A preliminary site development plan approved in accordance with these regulations shall remain valid for a period of five years from its approval. If at the end of that time no application for any final site development plan has been filed, the preliminary site development plan shall be considered as having lapsed and shall be of no effect unless resubmitted as a new application to the Planning Board.
A fee shall be required upon application for preliminary site plan approval and final site plan approval. The amount of such fee shall be as prescribed in the schedule of fees adopted by resolution of the Board of Trustees
A building permit shall be secured and construction begun in accordance with the final site development plan for the sections involved within one year from the effective date of final approval thereof by the Planning Board. Application may be made to the Planning Board for additional extensions of time limit for commencement of construction, but such extensions of time shall not exceed a total period of one year. In the event that construction is not started within the specified time limit, the Planning Board shall review the zoning and the progress which has taken place and, if deemed necessary, initiate proceedings to reclassify the property in a manner consistent with the Zoning Map.
All construction authorized in the final development plan approved by the Planning Board with respect to any section must be completed as to that section within two years of the date construction is commenced. Applications may be made to the Planning Board for additional extensions of time limit for commencement of construction but such extensions of time shall not exceed a total period of one year. A plan for stated development which will require more time than the limits contained herein may be approved by the Planning Board prior to or during the course of construction. In the event that construction is not started within the specified time limit, the Planning Board shall review the zoning and the progress which has taken place and, if deemed necessary, initiate proceedings to reclassify the property in a manner consistent with the Zoning Map.
The owner of a planned adult community shall set aside areas for indoor and outdoor recreational purposes exclusively for the use of the occupants and their guests. These areas shall be delineated on the preliminary site development plan and on the final site development plan for each section. Areas for outdoor and indoor recreational purposes and open spaces shall be equal to the number of units multiplied by 350 square feet for each dwelling unit. The amount of acreage devoted to recreational and cultural areas, such as and including those enumerated in § 175-33B, shall be given credit in determining the amount of areas for outdoor recreational purposes required to satisfy this section. Such areas shall be improved, constructed and maintained at the expense of the owner thereof.
