[Added 4-13-1982 by L.L. No. 2-1982; amended 2-11-2008 by L.L. No. 2-2008; 1-10-2017 by L.L. No. 1-2017]
A. 
A residence senior housing development through one-family dwellings, two-family dwellings, or townhouse dwellings shall be a permitted use subject to site plan review by the Planning Board in the R-1 Zoning District within the Village of Valatie. The minimum lot size for development shall be one acre, with a maximum density of four units per acre.
B. 
A residence senior housing development through multifamily dwellings shall be a permitted use, subject to site plan review by the Planning Board within each of the zoning districts located within the Village of Valatie. The minimum lot size for development shall be five acres, with a maximum density of 35 units per lot, two bedroom maximum, three persons per unit maximum.
[1]
Editor's Note: Original § 130-56, Establishment, of the 1980 Code, was repealed 5-14-1991 by L.L. No. 1-1991.
Residence senior housing uses and special restrictions and regulations applying thereto shall be as follows:
A. 
In a residence senior housing development, no building, premises or part thereof shall be used, erected or occupied, except for the dwelling units especially designed for elderly persons.
B. 
Occupancy within a residence senior housing development is limited to elderly persons or elderly person taking care of handicapped persons, as described below.
(1) 
An elderly person(s) or elderly person(s) taking care of handicapped persons means:
(a) 
Two persons, one of which, as a spouse or domestic partner, is 55 years of age or over.
(b) 
The surviving member described in Subsection B(1)(a) above, living in residence senior housing formerly with a deceased member of the household at the time of his or her death.
(c) 
A single person who is 55 years of age or over.
(d) 
Families of two or more persons, the head of which (or his or her spouse) is 55 years of age or over and a handicapped person(s) over the age of 18 under the care and/or supervision of the senior person(s).
(e) 
Up to two immediate family members both of which are over 55 years of age. For purposes of this section, immediate family shall mean spouses, domestic partners, children and step-children and siblings.
(2) 
A handicapped person means:
(a) 
Any adult having an impairment which is expected to be of long continued or indefinite duration, is a substantial impediment of his or her ability to live independently and is of a nature that such ability could be improved by more suitable housing conditions; or
(b) 
A person who is developmentally disabled, i.e., if he or she or she has a disability attributable to mental retardation, cerebral palsy, epilepsy, autism or another neurological condition found by the United States Secretary of Health and Human Services to be closely related to mental retardation or to require treatment similar to that required for mentally retarded individuals, which disability originates before such individual attains age 18, and which constitutes a substantial handicap to such individual.
C. 
Dwellings, buildings, accessory buildings or portions thereof shall meet current New York State Building and Fire Codes and American National Standards Institute regulations for the handicapped.
D. 
The following special restrictions and regulations apply to a residence senior housing development:
(1) 
The total building area, including accessory buildings, shall not occupy more than 30% of the total lot area. Accessory buildings shall not occupy more than 5% of the total area.
(2) 
The minimum habitable space shall be 500 square feet for apartment units and 800 square feet for single-family homes, two-family homes, or townhouse homes.
(3) 
Each dwelling unit shall contain at least one bedroom, and no dwelling unit shall contain more than two bedrooms.
(4) 
Building height shall not exceed the height limit of the zoning district designation in effect at the time of the project application, unless the building is preexisting.
(5) 
Building setbacks and minimum lot width shall comply with the density control schedule pursuant to the applicable zoning district.
(6) 
Driveways and interior roadways shall not be closer than 20 feet to property lines, except for entrances and exits.
(7) 
Parking areas will conform to Chapter 345, Zoning.
(8) 
On-site parking shall be provided at a rate of not less than 1.3 parking space for each one unit.
(9) 
A minimum of 15% of the parking area shall be landscaped with trees, grass, shrubs or other planting material. The plan should include appropriate walkways, sidewalks, shrubbery, screening, benches and fencing where deemed appropriate by the Planning Board. A complete landscaping plan indicating all proposed plantings and related items shall be part of the application.
(10) 
All utilities to the building or portions thereof or to accessory buildings shall be below grade.
(11) 
No business, home occupations of commercial establishments shall be permitted.
(12) 
In a residence senior housing development, multifamily structures may include common areas for the benefit of tenants, including:
(a) 
A general-purpose meeting room;
(b) 
A lobby;
(c) 
A store and snack bar with a total area thereof not to exceed 500 square feet;
(d) 
Coin-operated vending machines, not to exceed 400 square feet.
(e) 
Coin-operated service machines, not to exceed 400 square feet.
(13) 
Additional site development items that relate to the aesthetics, arrangement, walkability, transportational or accessibility of the project may be required at the discretion of the Planning Board.
(14) 
The Planning Board may require any additional conditions which it deems necessary to protect the value of adjacent properties or to prevent any hindering of the appropriate use of adjacent land.
(15) 
The Planning Board shall require the developer to post a performance bond to assure completion of any or all required site infrastructure improvements.