[Amended 11-22-2004 by L.L. No. 7-2004; 2-23-2005 by L.L. No. 3-2005; 7-28-2005 by L.L. No. 7-2005; 2-23-2009 by L.L. No. 1-2009]
A.
Purpose. The land use district regulations in this article are intended to allow flexibility of land use to encourage business and residential development that is consistent with the character and scale of Goshen's countryside and neighborhoods. In reviewing applications for special permits and site plan approval, the Planning Board may impose any conditions it deems necessary to ensure that a proposed use will be consistent with the goals of the Comprehensive Plan and compatible with its surroundings. The Planning Board shall deny the plan for any proposed use which does not satisfy the criteria in this chapter. Sections 97-11 through 97-22 contain regulations specific to each land use district.
B.
Use restrictions and Use Table. Structures and land
shall be used only as provided in the Use Table,[1] except as otherwise provided in this chapter. See § 97-84 for definitions of the use categories. In the event that a particular proposed use does not fit into one of the categories shown on the Use Table and is not prohibited by Subsection C, it may be allowed by special permit issued by the Town Board. (See § 97-70B.) The Use Table shows allowable uses for all districts except for the AI District, for which use regulations are contained in § 97-13.
[1]
Editor's Note: The Use Table is included at the end of this chapter.
C.
Prohibited uses in all districts.
(1)
The following uses are prohibited in all districts:
(b)
Amusement parks and circuses and related activities,
except for a temporary period on special license from the Town Board.
For purposes of this section, a commercial recreation facility in
a Commercial Recreation Overlay District is neither an amusement park
nor a circus.
[Amended 9-14-2017 by L.L. No. 4-2017[2]]
[2]
Editor's Note: This ordinance also provided for expiration
of these provisions as follows: "This Commercial Recreation Overlay
District shall terminate and cease to exist without further action
by the Town Board if the Town Planning Board does not approve a special
permit and site plan and/or subdivision for a Commercial Recreation
Facility within six (6) months of the effective date of this local
law or, if so approved, the Commercial Recreation Facility is thereafter
abandoned."
(c)
Junkyards, landfills, dumps, nonmunicipal facilities for the storage or treatment of sewage sludge, or other solid waste management facilities, except for composting facilities, as provided in § 97-58C.
(d)
The removal of black dirt.
(e)
Any building or structure or any part of a drainage
or disposal system located within 100 feet of any watercourse which
is part of a water supply system.
(f)
The removal of groundwater for use outside of
the Town of Goshen, including groundwater removed for use in the Village
of Goshen public water supply, except pursuant to a special permit
issued by the Planning Board upon a finding that groundwater recharge
measures will be taken to prevent any negative impact on water quantity
or quality within the Town.
D.
Accessory uses. Uses customarily incidental and subordinate
to principal uses shown on the Use Table shall be allowed on the same
terms as the principal uses on the same lot or on contiguous lots,
unless otherwise indicated on the Use Table. Accessory uses in connection
with agriculture may occur on any lot which is part of the farm operation.
Noncommercial recreational use shall be permitted as an accessory
use in all districts, except that the recreational use of any motorized
off-road recreational vehicle shall not be permitted within 250 feet
of a residence, excluding the residence of the vehicle owner.
E.
Change of use or structure. A change of use is the
establishment of a use that is in a use category (as listed on the
Use Table) different from the existing use of the site or structure.
A change of ownership, tenancy, or occupancy, or a change from one
use to another within the same category, shall not be considered a
change of use, unless the change would result in the enlargement or
addition of a sign, the enlargement of a structure or construction
of a new structure, or an increase of more than 10% in vehicle trip
generation as indicated in current trip generation rates published
by the Institute of Transportation Engineers.
(1)
Uses by right. Any change of use of land or existing structures to a use permitted by right (without site plan review) shall require approval only from the Building Inspector. This shall not affect applicable requirements for obtaining building permits for construction or expansion of a structure from the Building Inspector under Chapter 49 of the Goshen Town Code.
(2)
Uses by right subject to site plan review. Any change
of the use of an existing structure to a use permitted by right subject
to site plan review shall require site plan review only if it involves
the construction or enlargement of a structure, the clearing, excavation,
or grading of more than 1,000 square feet of land, the addition of
four or more parking spaces, or the enlargement, addition, or relocation
of a sign.
(3)
Uses by special permit.
(a)
A special permit shall be required for any change
of use from a use that does not require a special permit to a use
that does require a special permit.
(b)
Once a special permit has been granted, it shall
apply to the approved use, as well as to any subsequent use of the
property in the same use category, provided that it has no greater
impact on adjoining properties, complies with all terms and conditions
of the special permit, and does not involve new construction, enlargement,
exterior alteration of existing structures, increased parking, or
other changed use of outdoor areas. Any change to another use allowed
by special permit shall require the granting of a new special permit
or a special permit amendment.
F.
Change to site plan of an existing use. Modifications to the site of any use allowed by right subject to site plan review or allowed by special permit shall require an amendment to the approved site plan pursuant to § 97-78D. Such modifications include but are not limited to changes to buildings as well as changes in lighting, signage, access, parking, drainage, and landscaping.
G.
Rebuilding, replacement and expansion of structures.
The rebuilding or replacement on the same footprint of any structure
for a use which requires site plan review and/or a special permit
shall require site plan review, even if it is a continuation of the
same use.
The regulations in this chapter are intended to encourage the preservation of Goshen's open space, while providing opportunities for needed housing and business uses. This is accomplished in various ways, including clustering development in nodes surrounded by open space and, where practical, in the traditional compact pattern found in the region's villages and hamlets. This chapter encourages the use of open space development to preserve significant amounts of open space. Density and dimensional regulations applicable to all districts are contained in § 97-12, and those regulations specific to each district appear in §§ 97-13 through 97-23.
A.
Accessory apartments and accessory residential structures.
(1)
One accessory apartment or residential structure per
single-family dwelling unit may be located as an accessory use to
a single-family dwelling as provided in the Use Table.[1] The accessory apartment or residential structure shall
be connected to the same well as the principal residence.
[1]
Editor's Note: The Use Table is included at the end of this chapter.
(2)
Accessory apartments and residential structures shall
not be counted as a residential unit for purposes of determining density.
No permit shall be granted for an accessory apartment nor residential
structure without certification of the adequacy of the public water
supply and water supply service connection or, for on-site systems,
the well and septic system servicing both the principal residence
and the accessory apartment or residential structure. One accessory
apartment per single-family dwelling may be located in an accessory
structure or a principal building as provided in the Use Table.
B.
Multifamily and senior citizen dwellings.
(1)
Buildings may be converted to multifamily use if permitted
in the Use Table, provided that the owner occupies at least one unit
in the building. Maximum density shall be established by the Planning
Board based upon applicable review criteria and the characteristics
of the existing building. Conversions to mixed residential and compatible
nonresidential uses are encouraged.
(2)
For congregate senior citizen housing (as distinguished
from planned adult community housing) and residential care facilities,
each bedroom shall be treated as 1/2 of a dwelling unit.
C.
Multiple residences on a lot. A lot may contain more than one principal residential structure and accessory apartment with site plan approval by the Planning Board, provided that the lot has enough acreage to satisfy the acreage requirements for each dwelling if the land were subdivided. For example, if an owner of a ten-acre parcel wishes to build a second house on the same property without subdividing the land, that owner may do so as long as this chapter would allow one house per five acres in that district. The second house must also comply with septic system requirements and the environmental control formula in § 97-18D. Such a lot may not be later subdivided unless the subdivided lots conform to the dimensional regulations in effect when the subdivision is proposed. A maximum of three residences, with accessory apartments, may be created under this Subsection C. No permit shall be granted for an accessory apartment nor residential structure without certification of the adequacy of the public water supply and water supply service connection or, for on-site systems, the well and septic system servicing both the principal residence and the accessory apartment or residential structure.
The primary purpose of the AI Agricultural-Industrial
District is to preserve those prime black-dirt areas in the Town for
agricultural use and thereby support the continuance of a strong agribusiness
sector. The Town also recognizes that not all soils within these areas
are prime agricultural soils and thus should provide an opportunity
for other uses: additional low-density residential and expanded, compatible
nonagricultural business development uses that are potentially incompatible
with certain agricultural practices. These additional uses are therefore
provided for within the Agricultural-Industrial District through the
application of guidelines and standards intended to ensure compatibility
with the overall agricultural nature of the district.
A.
The following uses shall be permitted by right in
the AI District, provided that site planning information is submitted
that is sufficient for the Building Inspector to determine compliance
with this section and other applicable sections of this chapter:
(1)
Commercial agricultural operations and accessory uses
thereto;
(2)
The keeping, breeding, raising, training and rental
of horses and stabling facilities; riding instruction; and horse shows
and competitions, subject to any licensing requirements, separate
from zoning, that the Town may impose for large-scale events;
(3)
Single-family dwellings and customary accessory uses,
subject to the following conditions:
(a)
No subdivision plats or residential site plans shall be approved and no building permit shall be issued unless the applicant complies with the disclosure requirements of § 97-47B. In addition, no building permit shall be issued to lot owners until such owners file a statement with the Building Inspector that they have read the disclosure and fully understand that the lot lies within the Agricultural-Industrial District, where the primary permitted activity is black-dirt farming, and that certain aspects of customary agricultural procedures (namely spraying and dusting of chemicals, noise and odors) constitute ongoing nuisances of which the lot owner is aware.
(b)
A minimum setback of 100 feet shall be required
from any dwelling unit to a lot line abutting a nonresidential use.
(c)
Unrestricted flow of stormwater runoff from
such developed property will not be allowed to drain directly into
black-dirt agricultural operations. Site plans and subdivision plats
must include provisions for retention/detention ponds to contain such
runoff.
(e)
Minimum setbacks: 50 feet front and rear, 30
feet side.
B.
The following uses shall be allowed by right subject to site plan review, as provided in § 97-75:
(1)
Food processing and packaging plants, including drying,
food-freezing and vacuum-cooling establishments, on a lot of not less
than five acres.
(2)
Warehousing and wholesaling of farm products and supplies
and retail establishment devoted primarily to the sale of farm products,
processed food products and supplies on a lot not less than three
acres in area.
(3)
Trucking terminals for shipping agricultural or food
products, provided that:
(4)
Dormitory accommodations and multiple-dwelling-unit
housing for agricultural workers, provided that:
(6)
Light manufacturing exclusively related to agricultural
processing and other related agricultural business, on a lot not less
than three acres in area.
(7)
Repair garages devoted exclusively to the repair and
farm-related machinery, farm vehicles or farm equipment, on a separate
lot not less than three acres in area.
(8)
Composting facilities located on a farm operation,
in which no more than 30% of the material composted originates off
of the farm operation.
C.
The following uses shall be allowed by special permit granted by the Planning Board pursuant to Article IX:
(1)
Conversion of an existing residential building to
a two-family dwelling.
(3)
Storage/Warehousing and wholesale of nonfarm products,
materials, equipment, etc., on a lot not less than three acres in
area.
(5)
Manufacturing, assembling, altering, finishing, converting,
fabricating, cleaning or any other processing, packing, packaging
or repackaging of products or materials on a lot not less than three
acres in area.
(6)
Repair garages devoted exclusively to the repair of
farm-related machinery, farm vehicles or farm equipment on a lot with
a residence, provided that:
(a)
There are not more than three nonresident employees.
(b)
All equipment to be repaired or which has been
repaired shall be stored indoors or behind a solid fence or natural
landscaping barrier able to completely screen equipment from all adjacent
residential properties.
(c)
No signs other than those normally permitted
in a residence district shall be allowed other than a two-square-foot
double-faced sign located in the front yard.
(d)
Facilities shall be properly maintained and
subject to a renewal of approval without fee by the Planning Board
if the Building Inspector finds a violation of these regulations to
be in existence.
(7)
Repair garages for nonfarm related machinery, vehicles
or equipment on a lot not less than three acres in area.
(8)
Day-care centers and nursery schools.
(9)
Composting facilities not related on a farm operation,
or located on a farm operation where more than 30% of the material
composted originates off of the farm operation.
D.
Accessory uses shall be permitted, limited to the
following:
(3)
Repair garages devoted exclusively to the repair of
farm-related machinery, farm vehicles or farm equipment on an existing
farm or accessory to a trucking terminal, subject to the following
conditions:
E.
The uses and requirements as outlined in Chapter 83, Table of Soil Groups,[1] shall be established as the minimum standards for all
nonagricultural uses and buildings. Such buildings and uses shall
be permitted only on a certification by a licensed soils engineer
that:
F.
Unless otherwise provided, all nonresidential uses
and buildings in the AI District shall meet the following bulk regulations:
The HC, CO and I Districts are locations where
larger-scale commercial and other nonresidential uses are permitted,
as provided in the Use Table.[1]
A.
The dimensional regulations for these districts are
as shown in the table below:
|
Dimensional Table for HC, CO and I Districts
| |||||
|---|---|---|---|---|---|
|
District
| |||||
|
HC
|
CO
|
I
| |||
|
Minimum lot area
|
1 acre1
|
1 acre1
|
5 acres
| ||
|
Minimum road frontage:
| |||||
|
Town road
|
200
|
200
|
200
| ||
|
County/State road
|
300
|
200
|
200
| ||
|
Minimum front yard setback:
| |||||
|
Town road
|
25
|
50
|
100
| ||
|
County/State road
|
35
|
150
|
200
| ||
|
Minimum side yard setback
|
302
|
302
|
502
| ||
|
Minimum rear yard setback
|
502
|
502
|
752
| ||
|
Maximum impervious surface coverage
|
70%
|
70%
|
70%
| ||
|
Maximum height3
|
45
|
35
|
45
| ||
|
Maximum footprint (in square feet) for nonresidential
structures4
|
40,000
|
200,000
|
—
| ||
|
NOTES:
| ||
|---|---|---|
|
All dimensions are in feet unless otherwise
indicated.
| ||
|
1
|
Subject to environmental control formula in § 97-18D for residential uses only.
| |
|
2
|
One-hundred-foot setback with wooded buffer
required if lot abuts a residential district.
| |
|
3
|
Above average grade. For height exceptions, see § 97-40D.
| |
|
4
|
Excluding agricultural structures and all structures
legally completed or granted a building permit, special permit, site
plan approval, or variance prior to the adoption of this chapter.
| |
B.
Special site design and operational considerations in the CO District. The purpose of the CO District is to allow larger-scale nonresidential uses that contribute to the Town's tax base and provide jobs, while protecting the Town's treasured scenic and rural qualities and residential areas using open space buffers. Impervious surfaces are limited to 70% of the total project area, requiring 30% to be maintained as open or undeveloped green space. This green space shall be arranged in a manner that adequately buffers buildings and parking areas from public roads and neighboring properties, while protecting wetlands, watercourses, and scenic views. The open or undeveloped green space may include those items meeting the criteria for open space under § 97-21, and shall be entirely pervious. CO land may not be accessed through land that is zoned RU if such CO land has feasible road access from land zoned CO, HC or I in the Town of Goshen or from land that is located in the Village of Goshen or Florida.
C.
Residential development is allowed in the CO District
as permitted by the Use Table. Planned adult communities (PACs) shall
not be permitted in the CO District. The maximum residential density
for dwellings in the CO District shall not exceed 20% of the total
floor space of the development project. The allowable residential
density for a particular site shall be based upon the application
of standards for site plans and special permits. For purposes of determining
the 20% maximum floor space in this subsection, density shall be measured
by the total square footage of residential use and not by the number
of dwelling units.
D.
All new development in the HC, CO and I Districts shall comply with the following design standards. Where alterations to existing structures and business operations require special permit or site plan approval, they shall comply with these standards to the extent practical, i.e., full compliance shall not be required if it would impose unnecessary economic hardship or discourage property owners from improving their properties. The overall design goal is to maintain and enhance the landscape character of commercial road corridors. This is to be accomplished by mitigating the visual impacts of business development through landscape, layout, and architectural standards. The design guidelines referred to in § 97-5 shall apply except where a building or site is screened from public roads and adjacent properties. The following standards shall apply in the HC and CO Districts and in the I District for buildings that are visible from public roads or properties not located in the I District:
(1)
Building placement.
(a)
Buildings shall be clustered together to the
extent practical, preserving existing green areas, and conform to
the natural terrain to the extent practicable.
(b)
Buildings shall be placed in front of their
parking lots to screen the parking from the road. This requirement
shall not apply if the entire site is screened from the road by natural
vegetation and/or natural topography.
(2)
Architecture.
(a)
Existing structures with historic or architectural
significance shall be retained to the extent practical. Alterations
to such structures shall be compatible with the architecture of the
existing structure.
(b)
Buildings, including canopies for accessory
facilities, shall have peaked roofs with a slope of at least 8:12,
except that hip roofs with a slope of at least 4:12 and flat roofs
that are hidden by a raised cornice shall also be permitted.
(c)
Windows shall be vertically proportioned and
balanced on facades, with width-to-height ratios ranging from 1:2
to 3:5. Horizontal windows may be used just below roof eaves ("eyebrow"
windows) and as first-floor display windows.
(d)
Trademarked architecture which identifies a
specific company by building design features shall be prohibited,
unless the applicant can demonstrate that the design is compatible
with the historic architecture of the region.
(e)
Large buildings (footprint larger than 10,000
square feet) shall generally be broken up into smaller volumes using
building proportions found in the region's traditional architecture.
(3)
Landscaping.
(a)
A continuous green landscaped buffer shall be
maintained along the road, consisting of trees, shrubs, fields, meadows,
natural areas and lawns, provided that such buffer vegetation does
not interfere with required sight distances. Bike paths and/or sidewalks
shall be constructed within this landscaped buffer. To the extent
practical, existing trees, lawns and shrubs shall be preserved.
(b)
Undeveloped natural areas shall be managed to
maximize recharge of groundwater, protection of surface water quality,
and protection of wildlife habitat. Frequent mowing of areas not used
for agriculture or pedestrian access shall be discouraged in favor
of management as open meadows.
(4)
Fences. Fence materials and designs shall be appropriate
to the historic character of Goshen and shall not block visual access
to scenic views. Chain link fencing shall not be used in locations
visible from public highways. Existing chain link fences may be replaced
if coated with a dark, nonreflective finish or screened by an evergreen
hedge.
(5)
Outdoor storage and enclosed buildings. All permitted
and accessory uses shall be confined within completely enclosed buildings,
with the exception of off-street parking spaces, off-street loading
berths, accessory fuel storage and employee recreational facilities.
Outdoor storage of materials, equipment or vehicles in an orderly
manner is permitted in any area other than required front, rear or
side yards, provided that such outdoor storage does not exceed 10%
of the area of the lot and is effectively screened from public roads
and from any adjacent residential district boundary. This 10% limitation
may be waived by the Planning Board in the course of site plan review
for those uses which by their nature require outdoor storage of material
or products, such as nurseries, lumberyards, outdoor sculpture galleries,
and automobile dealers. The screening requirement may be waived where
it would prevent the necessary display of merchandise for public viewing,
provided that the Planning Board finds that such display will be orderly
and attractive.
(6)
Curb cuts. The minimum distance between curb cuts
shall be 600 feet, unless the configuration of a parcel in relation
to adjoining parcels makes this requirement impossible to satisfy.
[1]
Editor's Note: The Use Table is included at the end of this chapter.
The HR District is intended to provide suitable
locations for "clusters" of residential development. The HR Districts
are generally located within close proximity of a village and are
designed to allow a location for more compact development densities
than are permitted in the RU District. Development in the HR District
shall conform to the natural terrain to the greatest extent practicable.
A.
Requirement of public sewer and public water. The
rules applicable to the HR Districts in this chapter shall only apply
if there is public sewer and public water service available. In the
absence of such infrastructure, all land zoned HR shall be subject
to the land use district regulations of the RU District (including
but not limited to the Use Table[1] and the provisions of Article IV). In addition, if the applicant will be withdrawing water from the site or from another location in the Town of Goshen, the applicant shall be required to comply with applicable portions of § 97-27 and prove that such withdrawal will not adversely affect water quality or quantity.
[1]
Editor's Note: The Use Table is included at the end of this chapter.
B.
Minimum lot sizes and open space.
(1)
Minimum lot size for a detached single-family dwelling
shall be 8,000 square feet.
(2)
Minimum lot size for a two-family dwelling shall be
10,000 square feet.
(3)
Minimum lot size for a multifamily dwelling shall
be 12,000 square feet.
(4)
Minimum lot size for an attached single-family townhome
shall be 2,500 square feet.
(5)
The minimum lot size required shall not include constrained
lands. Within the HR District, contiguous slopes containing at least
1,500 square feet with at least 10 feet of continuous horizontal width
perpendicular to the slope shall be considered steep slopes.
(6)
At least 30% of the site area must be protected as undeveloped open space, which may include public greens, parks, playing fields, playgrounds or portions of large private residential or nonresidential lots set aside as open space and preserved with a conservation easement as provided in § 97-21. Land used for common buildings and recreational facilities, including parking areas for such facilities, shall also be counted toward the open space requirement. The preserved open space area may not include wetlands or other constrained land.
(7)
To achieve this open space set-aside, the Planning
Board shall condition its approval of individual developments on the
protection of open space in amounts appropriate to each parcel. These
amounts may be different percentages on different parcels. Preservation
of open space land must be secured either by a conservation easement
or by dedication of the land to the Town as parkland.
(8)
Where portions of an HR District were developed prior
to being zoned HR, such previously developed areas shall be exempted
from the 30% open space requirement.
C.
Two-family dwellings. In the HR District, two-family
dwellings shall be permitted by right on all conforming lots.
D.
Multifamily dwellings. New multifamily dwellings in
the HR District shall have their front entrances on an existing or
new street, with parking behind the buildings. No more than 30% of
the dwelling units proposed for a development in the HR District shall
contain multifamily dwellings. Multifamily dwellings may take the
form of rowhouses, townhouses, apartment buildings, mixed-use buildings
containing an apartment, or any other form, such as three-family and
four-family houses, which fit into the traditional architectural character
of Goshen, as determined by the Planning Board.
E.
Apartments in mixed-use buildings. Apartments are
encouraged to be located in the upper stories of buildings that have
retail or service commercial on the ground floor, in the manner of
traditional hamlet main streets.
F.
Setbacks, build-to lines and building height. Setbacks and build-to lines shall be established at the time of site plan approval, in conformance with the practices found in traditional hamlets. In the HR District, all structures shall have a maximum height of 35 feet, subject to the exceptions set forth in § 97-40D.
G.
Maximum footprint. The maximum footprint of a nonresidential
structure in an HR District shall be 10,000 square feet, permitted
by special permit from the Town Board, or as otherwise provided in
the Use Table. The Town Board may permit a structure of up to 60,000
square feet if it is a supermarket deemed essential to the hamlet's
economic viability. This footprint limitation shall not apply to structures
designed for indoor recreation or as community centers. Light industrial
activity shall not be permitted in the HR District, unless by special
permit from the Town Board and in compliance with the conditions of
the Zoning Code.
I.
Streets. Streets in the HR District shall generally
be interconnected, and permanent culs-de-sac shall only be permitted
where wetlands, watercourses, or steep slopes make street interconnections
impractical. In such cases, pedestrian paths and public stairways
shall be provided where practical. All streets in an HR District shall
be offered for dedication to the Town, and no street shall be gated.
The requirements for streets in the Town's road specifications may
be waived if such waivers are necessary to permit street designs in
cluster subdivision or hamlet character.
J.
Maximum density. The maximum residential density (i.e.,
the total number of dwelling units divided by total unconstrained
land area, including open space) in the HR Districts shall be three
dwelling units per unconstrained acre. There shall be no entitlement
to this density, but such density may be achievable if the project
satisfies all of the applicable requirements of the HR Districts and
other provisions of this chapter and, in addition, is consistent with
the State Environmental Quality Review Act (SEQRA) analysis for the
project.
K.
Dwelling units in multifamily dwellings. For purposes of this § 97-15, the number of "dwelling units" for multifamily housing shall be calculated according to the following table, based upon the number of bedrooms in each dwelling unit:
|
Number of Bedrooms
|
Fractional Units in Relation to 3-Bedroom
Unit
| |
|---|---|---|
|
1
|
0.38
| |
|
2
|
0.75
| |
|
3 or more
|
1.0
|
M.
Developments that include RU District land. For lots or developments that include land located in the RU District contiguous to the HR District, an applicant may perform a separate density calculation for land in each district and then design the development plan without regard to the zoning district boundary line, provided that the total number of units (based upon the "bedroom count" methodology in Subsection K above) is consistent with the combined density calculations. Unless, in the opinion of the Planning Board, there is a clearly articulated planning or environmental justification for doing otherwise, the units shall generally be clustered more densely within the HR portion of the site, with the RU portion kept in a more open and rural condition.
N.
Specific plan option. An applicant or the Town may prepare a "specific plan" in the form of a conceptual site plan that covers all or a portion of a site, including land in multiple ownerships. If prepared by an applicant, all landowners covered by such a plan must consent to this specific plan option. If prepared by the Town, landowners shall be given notice and an opportunity to object, but the Town shall have the authority to prepare such a plan without their consent, provided that the owners of at least 80% of the land area subject to the specific plan consent to its preparation. The Town shall conduct outreach to all landowners to be covered by a proposed plan and shall involve them in the process of plan preparation. The specific plan shall also be prepared with a substantial public involvement process. A specific plan shall be approved as an amendment to the Town's Comprehensive Plan following procedures required by law for such an amendment. The Town Board may, in addition, make the specific plan part of this chapter, by adopting it as a zoning amendment binding upon all landowners as provided in § 97-79. Once a specific plan is adopted as a zoning amendment, any application for development which is in substantial compliance with it may be approved by the Planning Board through site plan review. If the specific plan is prepared by the Town, the cost of such preparation, including the cost of SEQR compliance, may be allocated among the landowners through development fees charged at the time they receive development approvals, provided that there has been prior notice and opportunity for such landowners to be heard concerning the amount of such fees.
O.
Setbacks on existing lots of record. Lots in existence
as of June 10, 2004, with or without structures, shall be buildable
and considered conforming if they can satisfy applicable Health Department
regulations and the setback requirements below. There shall be no
minimum required front setbacks for such lots. Minimum side and rear
setbacks on such lots shall be as follows:
P.
Planned adult community (PAC). Planned adult communities
are allowed by special permit from the Town Board in the HR and RU
Districts, provided that the following criteria are satisfied:
[Amended 7-23-2009 by L.L. No. 4-2009]
(1)
The PAC shall qualify as housing for older persons,
intended and operated for occupancy by persons 55 years of age or
older, as provided in 42 U.S.C. § 3607(b)(2)(c). Appropriate
deed restrictions that enforce this requirement shall be provided
in a form acceptable to the Town Attorney and shall be included in
all deeds conveying title to a lot or unit and in any project offering
plan. At least one resident of a dwelling unit shall be 55 years of
age or older, and no one under age 19 shall permanently occupy a dwelling
unit. Such age restrictions shall not apply to:
(2)
The residential units may be in any combination of detached, attached, multifamily, or other configuration that satisfies the dimensional and design standards in Subsections A through O above. The units may be in separate lots, multifamily apartments, condominiums, cooperatives, or any other form of ownership approved by the Planning Board that enables the requirements in Subsection P(1) to be enforced. If land subdivision is required, a sketch plan subdivision application shall be submitted to the Planning Board as part of the special permit application submission.
(3)
The minimum acreage for a PAC is 20 acres of unconstrained
land. The maximum allowable density in a PAC shall be three units
per acre of unconstrained land, with the maximum total number of dwelling
units in a PAC being 200.
(5)
The PAC must be located with direct access to a state
or county highway, arterial or collector route.
(6)
The PAC must be connected to existing Town water and
sewer districts, or must be included in new water and sewer districts
created by the Town. In existing water and sewer districts, the Town
must approve any extension thereof.
(7)
No development shall be permitted on predevelopment
slopes over 15% (development shall include cut and fill).
(8)
A PAC must be developed to include recreation facilities
and other amenities, which shall be left to the discretion of the
Planning Board. A PAC may include accessory uses related to and primarily
serving the PAC residents, including but not limited to clubhouses,
dining facilities, storage facilities, offices for health-related
services, recreation facilities, retail and service businesses not
exceeding 5% of the total floor area of the PAC, work spaces for residents
of the PAC (such as home offices or workshops) not exceeding 10% of
the total floor area of the PAC, and such other uses as the Planning
Board deems compatible with the purposes and character of the PAC.
