Draft Amendment to Orangetown Zoning Ordinance Re: RPC Housing

Town of Orangetown

Table of Off-Street Parking Regulations

RPC-H District

2.45.    Additional Use Regulations

                                             i.            The Planning Board shall have the authority to make lot and bulk controls less restrictive, in order to increase flexibility, as set forth in Section 3.12 for uses in the RPC-H District, as it deems necessary, provided such modifications are in keeping with the intent of the Town Board approval of the conceptual plan.  No modifications to the specified maximum density or other requirements set forth in 2.441 shall be permitted. Any proposed modifications to these standards shall be subject to Town Board approval.

                                           ii.            Notwithstanding item i above, the Town Board expressly reserves the right and authority to review any proposed site plan before preliminary approval by the Planning Board of any development within a RPC-H District to determine whether, in the judgment of the Town Board, the proposed plan does not substantially deviate from the final conceptual plan presented to and reviewed by the Town Board as part of the zone change process.

No site development plan shall receive preliminary approval by the Planning Board, unless the plan proposed for such approval shall first have been referred back to the Town Board for its review, and the Town Board shall have adopted a resolution evidencing the fact that the proposed plan does not substantially deviate from the final conceptual plan or layout presented to, and reviewed by, the Town Board as part of the zone change process.  The adoption of such resolution shall appear as a map note on any approved site plan.

The term “substantially deviate,” as used herein, shall mean that the site development plan presented to the Planning Board for preliminary approval differs in a material manner from the final conceptual plan reviewed by the Town Board, and upon which the Town Board granted the PRD-H zone change, and that the material change or deviation that may have been made to the conceptual plan, in the Town Board’s sole judgment and discretion, is not consistent with the goals sought to be achieved by the grant of the conceptual plan approval.  The decision of the Town Board that the site development plan proposed for preliminary approval by the Planning Board substantially deviates shall require a majority vote of the Town Board plus one.

                                          iii.            For age-restricted housing, occupancy shall be restricted to persons fifty-five (55) years of age or older, or couples, one of whose members is 55 years of age or older.  Persons less than 18 years of age shall not be permitted other than for short stay visits of three months or less.  The foregoing restrictions shall not apply to: 1) one on-site caretaker/administrator, if so proposed as part of the RPC-H application, whose full time job shall be the maintenance and/or management of the RPC-H development, and 2) a live-in caregiver for a resident senior citizen. Additionally, households containing one or more handicapped persons (as defined in §8.12 of the Zoning Ordinance) shall also be eligible.

                                         iv.            Restrictions to age and occupancy shall be set forth in a covenant, acceptable as to form by the Town Attorney of the Town of Orangetown.  Said covenant shall be recorded in the Rockland County Clerk’s office and shall run with the land and shall bind all owners of the property. 

                                           v.            For affordable housing, the sales prices shall not exceed 3.3 times 80% of the median family income for a family of four based on income data for Rockland County as established annually by the U.S. Department of Housing and Urban Development (HUD).

A covenant, acceptable as to form by the Town Attorney of the Town of Orangetown, shall be recorded in the Rockland County Clerk’s office, providing that rescale of any affordable housing unit may not sell for a price exceeding 3.3 times 80% of median (as defined above), or as adjusted by the terms of the covenant.

                                         vi.            Procedures adopted by the Town Board related to the resale of affordable housing shall be provided to the Applicant, who shall provide said procedures to each affordable unit homeowner. 

                                        vii.            In addition to Planning Board approval, the PRD shall be subject to review and approval by the Architectural Review and Appearance Board.

                                      viii.            The following additional requirements shall apply:

a)            All open areas not used for buildings, parking spaces and driveways shall be suitably landscaped or left in its natural state, as determined by the Planning Board.

b)            Specifically designated areas shall be available for recreational use of the development’s residents.

c)            Facilities for refuse disposal and recycling shall be provided for all dwelling units.  Collection areas shall be maintained for all groups of dwelling units.  All storage containers for the collection of solid waste and recyclables and not within principal buildings shall be properly screened.  All refuse containers shall have permanently attached covers.  The location of containers shall be subject to approval of a site plan by the Planning Board.

d)            Other than designated handicapped spaces, all open parking areas (not including access areas, streets and driveways) shall not be closer than 20 feet to any building or lot line, unless otherwise as part of the conceptual plan.

e)            No active exterior recreation facility such as, but not limited to, a swimming pool, tennis court or other recreational facilities, shall be closer than 50 feet to any residence or lot line, or be between a building line and a public street.

f)              Traffic directional signs and traffic calming mechanisms and controls shall be provided as required by the Planning Board on recommendation of the Traffic Advisory Board.

g)            All walks, outside steps, vehicular access ways and intersections of roads shall be adequately lighted; said lighting shall not be directed on adjacent streets or properties, unless otherwise as part of the conceptual plan.

h)            Buildings shall be individually identified and clearly marked with signs sufficiently illuminated to be visible from roadways or access drives at all times.

i)              Group garages, if provided, shall be architecturally compatible with principal buildings.

j)              Internal private roads shall be paved as follows: 2-way internal private roads that provide for on-street parking shall be paved at least 28  feet in width; 2-way internal private roads that do not provide for on-street parking shall be paved at least 22  feet in width; 1-way internal private roads may be 14 feet in width if not used as parking aisles. These minimums shall be met unless otherwise approved by the Town Board as part of the conceptual plan.

k)            Sidewalks and curbs shall be provided, as approved as part of the conceptual plan.

l)              On-site trees, including street trees along existing roads, shall be preserved to the maximum extent practicable.

                                               ix.            Private swimming pools shall comply with Orangetown Swimming Pool Ordinance.

                                                 x.            The design and location of all buildings, recreational facilities and other site improvements and signage, as shown on the conceptual plan, shall be consistent with the ultimate purpose of achieving pleasant living arrangements for persons 55 years of age or older, and shall contemplate the desires and needs of such persons for privacy, participation in social and community activities and accessibility to all community facilities.  Consideration shall be given in planning walks, ramps and driveways so that all outdoor areas available to the residents shall be designed to permit residents to move about freely.  All dwelling units shall incorporate design features which insure the safety and convenience of the senior residents.    Handicapped accessibility and adaptability shall also be part of the design for dwelling units and common facilities, in accordance with the New York State Building Code.

                                               xi.            All permanent food-serving facilities shall be within completely enclosed common buildings, unless by special permit of the Zoning Board of Appeals.

                                              xii.            The ownership, maintenance and preservation of common property shall be permanently assured to the satisfaction of the Town Attorney by the filing of appropriate easements, covenants and restrictions, as necessary.  The formation and incorporation of a homeowner or condominium association shall be required to maintain common property.  Such association shall be empowered to levy assessments against property owners to defray the cost of maintenance and the acquire liens, where necessary, against property owners for unpaid charges or assessments in accordance with the laws of the State of New York.  In the event that the homeowner or condominium association fails to perform the necessary maintenance operations, the Town of Orangetown shall be authorized, but not obligated, to enter on such premises for the purpose of performing such operations and to assess to cost of so doing among all affected property owners.

                                            xiii.            All utility lines, including electricity and telephone, shall be underground, except where abutting properties have overhead utilities connections to said overhead utilities may be provided above ground.

                                            xiv.            As part of the density calculation, not more than fifty percent (50%) of any land under water, within a freshwater wetland, subject to flooding or within the one-hundred-year frequency flood-plain shall be counted.

2.46.    Procedure

Processing development in the RPC-H District shall commence at the Town Board level with the filing of an application consisting of a Conceptual Plan. The Conceptual Plan shall include a narrative description of the overall plan of development, along with the appropriate graphics that show proposed street layouts, density and general use classifications, recreation and open space, principal and accessory buildings, off-street parking and major utility systems, and other components typical of a preliminary site development plan. The application shall further include a Long Form Environmental Assessment Form, with related submissions as may be required.

Upon receipt of the Conceptual Plan, the Town Board shall: (1) initiate the SEQRA review process, including lead agency designation, determination of significance and scoping, as may be required; and (2) submit said Conceptual Plan to the Planning Board for its initial review. The Planning Board shall be invited to provide comments and suggested items for environmental analysis based on its preliminary review of the plan within 45 days. During the course of its preliminary review, the Planning Board shall meet with the Applicant to discuss the Conceptual Plan.

Upon completion of the SEQRA review process, the Town Board, as may be required, shall issue findings and conclusions as part of its Environmental Finding Statement, or take such other action under SEQRA appropriate to the proposed development. In its discretion, the Town Board may attach any reasonable conditions to the approval of the Conceptual Plan, as necessary, to assure conformance with the Town Comprehensive Plan and the RPC-H regulations, as well as the benefits sought to be achieved for the Town by the approval of such development. Conceptual approval by the Town Board shall be deemed a discretionary act.

The approved Conceptual Plan shall provide the framework for subsequent site plan review and approval by the Planning Board, which shall be undertaken in accordance with Chapter 21A of the Town Zoning Code.

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