Townhouses shall be permitted by special permit in the MX Mixed-Use District, PRD Planned Resort Development District, R Residence and HR 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:
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 development. For townhouse developments
under a condominium form of ownership, this term shall also apply
to condominium associations.
TOWNHOUSE BUILDING
A main building consisting of at least three vertically attached
one-family dwelling units for the purpose of occupancy and ownership.
TOWNHOUSE DEVELOPMENT
A land development project consisting of at least one townhouse
building as defined herein and all open space and amenities 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 UNIT
An individual attached one-family residence within a townhouse
building.
The following standards shall be required for all townhouse
developments proposed within the MX, PRD, R and HR Zoning Districts:
A. General requirements.
(1)
Subdivision of individual townhouse unit lots, when proposed, shall be 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. Townhouse developments may be developed as a subdivision or condominium, subject to a requirement to include common recreation facilities per §
310-17.3I(1), a townhouse association being provided, and other requirements imposed by the Planning Board.
(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 one-family
dwelling units and may not contain more than seven townhouse units.
(4)
Only townhouse developments connected to public water and sewer
shall be permitted.
B. Size of lot and density of development.
(1)
The minimum lot size for townhouse developments shall be as
follows:
(a)
Planned Resort Development (PRD) and Residence (R) Districts:
10 acres.
(b)
Hamlet Residence (HR) District: five acres.
(c)
Mixed Use (MX) District: No minimum lot size.
(2)
The permitted density for townhouse developments shall be as
follows:
(a)
A minimum of 14,500 square feet of lot area shall be provided
per dwelling unit for proposed townhouse projects in a PRD or R Districts.
(b)
A minimum of 12,500 square feet of lot area shall be provided
per dwelling unit for proposed townhouse projects in the HR District.
(c)
A minimum of 10,000 square feet of lot area shall be provided
per dwelling unit for proposed townhouse projects in the MX District.
(3)
The maximum percentage of lot coverage for main and accessory
buildings shall be as follows:
(a)
Planned Resort Development (PRD), Residence (R) and Hamlet Residence
(HR) Districts: 30%.
(b)
Mixed Use (MX) District: 80%.
C. Yard and setback requirements.
(1)
It is the intent of this section to treat the yard and setback
requirements for townhouse developments differently when located in
hamlet centers or when located in areas surrounding hamlet centers.
When located outside of hamlet centers, townhouse developments should
be visually buffered from surrounding uses. When located in hamlet
centers, townhouse developments should be integrated with the hamlet
streetscape, visually compatible with existing hamlet development,
and strongly connected to the pedestrian and street facilities.
(2)
Yard and setback requirements for any structures in townhouse
developments, from front, side and rear property lines, shall be as
follows:
(a)
Planned Resort Development (PRD) and Residence (R) Districts:
(b)
Hamlet Residence District (HR) District:
(3)
Mixed Use (MX) District: See 310 Attachment 1, Town of Fallsburg
Supplemental Standards for MX Mixed-Use District Placement of Townhouses.
D. Buffer and separation requirements.
(1)
In the PRD and R Districts, a minimum front yard setback of
150 feet from an external public right-of-way or frontage street shall
be provided, and any existing vegetation shall remain undisturbed
within 75 feet of the street line or right-of-way line of the road
giving access and street frontage to the development. Driveways, parking
and maneuvering spaces, stormwater management facilities and other
accessory uses other than buildings may be located behind the seventy-five-foot
vegetative buffer in the remainder of the 150-foot required front
yard.
(2)
In the PRD, R and HR Districts, an undisturbed vegetative buffer
of a minimum of 50 feet shall also be provided around the perimeter
of the townhouse development site along the side and rear lot lines.
This vegetative buffer shall provide year-round screening of the townhouse
development from the public right-of-way and adjacent properties.
No driveways, parking lots, stormwater management facilities or accessory
structures shall be located within the buffer.
(3)
The Planning Board, in its discretion, may require any existing
vegetation to be supplemented with earthen berms, trees, shrubs, and
landscaping to achieve the objective of a year-round vegetative buffer
in a quantity and type to be determined by the Planning Board.
(4)
The location of the edge of any required undisturbed buffer
shall be flagged prior to the commencement of clearing, grading or
construction to prevent incursions during the site development process.
(5)
The minimum separation 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, 31 feet; and rear wall
to rear wall, 50 feet. If fire flow calculations can be met, then
the required separation distance between buildings from side wall
to side wall can be reduced to a minimum of 25 feet. The only items
permitted within the separation distance are walkways, and landings
or decks of less than five feet in width. No porch or similar structure
shall protrude or be installed into this required separation.
E. Minimum and maximum 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.
(4)
The maximum footprint for each townhouse unit shall not exceed
1,200 square feet, and the number of allowable bedrooms for each townhouse
unit shall not exceed four.
F. Architectural design.
(1)
The architectural design of townhouse buildings and any accessory
buildings shall be reviewed by the Planning Board, and may be referred
to an architectural consultant for recommendations. Design elements
such as dormers, roof and gable end overhangs, covered entryways,
windows with shutters, etc., are encouraged to provide visual interest,
particularly in areas with higher visibility to adjacent development,
pedestrian, or street traffic. Decorative details that are undersized
and nonfunctional such as nonoperable shutters are discouraged.
(2)
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.
(3)
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.
(4)
Rooflines of individual units, including such elements as porticos,
dormers, etc., shall be varied to provide visual interest.
(5)
Townhouse units shall be separated by a common party wall that
is designed to meet the New York State Uniform Building Code.
(6)
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.
(7)
In the HR and MX Districts, building facades, walkways, and
any features of the front yard shall be oriented, connected, and integrated
to the pedestrian facilities of the frontage street of the hamlet.
Chain link fences shall be prohibited, and any fencing shall be no
higher than four feet. See 310 Attachment 1, Town of Fallsburg Supplemental
Standards for MX Mixed-Use District Placement of Townhouses.
G. 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; a four-foot sidewalk on at least
one side of the street and a six-foot grass median between the sidewalk
and curb.
(2)
A minimum of two off-street parking spaces shall be provided
for each townhouse unit. For townhouse developments with more than
25 units, an additional 1/2 space per townhouse unit shall be provided
within a common parking area for visitors.
(3)
In the Mixed-Use MX District, off-street parking shall only
be permitted in the rear yard. See 310 Attachment 1, Town of Fallsburg
Supplemental Standards for MX Mixed-Use District Placement of Townhouses.
(4)
Internal sidewalks shall be provided within all townhouse developments
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. Both internal and external pedestrian
sidewalks that extend the public sidewalk system may be required by
the Planning Board within all townhouse developments and along their
public street frontage. 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.
(5)
The outside storage of 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.
H. 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 than repetitive rows. Groves of street trees shall be
a minimum height of six feet to eight feet with a two-and-one-half-inch
caliper at breast height at the time of planting and a dripline 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 one-and-one-half-inch caliper at breast height at the time
of planting and a dripline 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 dripline 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
or condominium association shall be well maintained and kept in a
healthy condition. When plantings die, they shall be replaced.
I. Common areas and recreational facilities.
(1)
Every townhouse development shall provide for common open space
and recreational amenities for project residents that are maintained
by a townhouse association or condominium association in accordance
with the following standards:
(a)
In the PRD, R and HR Districts, a minimum of 300 square feet
per townhouse unit shall be provided as common open space and/or recreational
facilities.
(b)
For any 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 space for each three persons based upon maximum
permitted occupancy and be maintained by the townhouse or condominium
association.
J. Utilities.
(1)
All electric, telephone, and cable shall be located underground
within the proposed townhouse project.
(2)
All utility junction boxes shall be contained 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.