Manufactured (mobile) home parks shall be permitted, as special
uses, only in RD Districts. Individual manufactured (mobile) homes
shall be permitted only within such manufactured (mobile) home parks.
Notwithstanding the foregoing, any existing manufactured (mobile)
home may be retained on its current site, but may not be removed to
a different site (except within an allowed manufactured home park)
or added on to. An existing manufactured (mobile) home may be replaced
with a new manufactured (mobile) home, provided such home complies
with the requirements of Subsection J below. The Planning Board shall,
in reviewing and acting upon such special use applications for manufactured
(mobile) home parks, apply the following standards and review criteria:
A. The location of the park shall be one suitable for such use as determined
by the Planning Board, considering report offered by the Board's consultants,
with proper drainage and provisions for stormwater control such that
the peak flow rate of water leaving the site after development shall
not be greater than prior to development.
B. There shall be documentation of the availability and adequate capacity
of all utility providers to service the park. Off-site or centralized
water facilities shall be provided.
C. The park shall meet the following design standards:
(1) The park shall be at least 10 acres in size.
(2) All manufactured homes shall be parked or otherwise be located a
minimum of:
(a)
Fifty feet from an adjacent manufactured home.
(b)
Seventy-five feet from an adjacent property line or right-of-way
line of a public street or highway.
(c)
Twenty-five feet from the nearest edge of any roadway located
within the park.
(3) Where a manufactured home park has more than 20 manufactured homes,
two points of entry and exit shall be provided. No individual manufactured
home shall have direct access to a state, county or Town road without
first entering a street or driveway in the manufactured home park
leading to an exit. The internal road system shall be so designed
to permit safe and convenient vehicular circulation within the park.
All streets shall be provided with safe, dustless all-weather surfaces
and have a minimum pavement width of 18 feet and otherwise meet Town
highway specifications.
(4) Two off-street parking spaces shall be provided on each manufactured
home lot.
(5) Each manufactured home park shall provide common open space for the
use of the occupants of the park. Such space shall have a total area
equal to at least 50% of the gross land area of the park such that
the net overall density of the park shall not exceed one dwelling
unit or manufactured home per 20,000 square feet of park land area.
D. Provisions shall be made for outside storage space and these shall
not in any way interfere with emergency access.
E. Provisions shall be made to control potential nuisance situations
such as accumulation of unused materials or vehicles.
F. Recreational facilities sufficient to accommodate the number of dwellings
proposed shall be provided. A minimum of 10% of the land area of the
park or one-half acre, whichever is less, shall be devoted to this
purpose and completed prior to the issuance of the first permit.
G. There shall be adequate groundwater supplies to support the proposed
water system without causing a detrimental impact on adjoining water
supplies and evidence of this shall be provided and professionally
reviewed.
H. The management and operations plan for the park shall provide for
maintenance of all common facilities and ensure the purposes and requirements
of this chapter are met. It shall also provide for limitation of occupancy
to mobile homes meeting U.S. Department of Housing Urban Development
regulations under the Manufactured Housing Act.
I. Mixed-use residential developments wherein manufactured (mobile)
homes and other one-family detached dwellings are both provided shall
be encouraged where the other criteria contained herein can be met.
All other one-family detached development, however, shall comply with
the requirements of this chapter and the Town of Montour Subdivision
Regulations.
J. Manufactured (mobile) homes shall:
(1) Be
no more than 10 years old at the time of their placement;
(2) Possess
a manufactured peaked shingled roof; and
(3) Be
placed on a monolithic concrete slab with concrete block wall skirting
or permanent foundation.
To facilitate the growth of employment and ensure a viable tax
base for the Town of Montour and to prevent conflicts between commercial/industrial
and other uses, planned commercial development subdistricts may be
established by the Town Board to accommodate planned industrial or
office parks and shopping centers. Such PCD subdistricts may be approved
by the Town Board for any tract of 25 acres or larger in size in a
B-1 or RD District. Such PCD subdistricts shall be subject to the
following:
A. The entire lot shall be planned and designed as a unit to provide
maximum functional efficiency and aesthetic quality. In the case where
detailed building plans are not available, design guidelines for siting,
orientation, size and materials of buildings shall be noted on the
plans submitted for site plan review. Certain facilities, such as
roadways, parking areas, utilities, drainage, screening and other
landscaping and employee recreation facilities, may be shared among
the uses in the industrial office park or shopping center.
B. Exterior walls of adjacent buildings shall be no closer than 1 1/2
times the height of the higher building wall, but in no case closer
than 50 feet.
C. All facilities shall be served by approved sewer and water supply
systems, and the Planning Board may, as a condition of approval of
such developments, require the improvement of any necessary facilities
off site, including access roads necessary to serve such development.
D. In all cases, the uses may occupy leased premises or the premises
may be owned as part of the condominium or cooperative or the premises
may be subdivided and sold; however, there must be a central managing
agency, acceptable to the Town Board, that is responsible for the
improvement and maintenance of common facilities and for the general
management of the development.
E. In all cases, the development shall be subject to special use approval
in accordance with the procedures set forth herein. The Planning Board
may waive standards for side yard setbacks within the development
and other development standards set forth on the Schedule of District
Regulations for the underlying district, provided that the minimum
requirements are met along the perimeter of the development and the
range of uses proposed is consistent with the underlying district.
Any such waiver shall refer to standards that the Planning Board finds
to be more appropriate for the specific site and the uses proposed
and shall be subject to review by the Building Inspector III.
F. Application for approval of a PCD subdistrict shall be made in writing
to the Town Board. Applications shall be made by the owner(s) of record
of the area to be occupied by the building project and shall be accompanied
by the nonrefundable application fee in the amount as the Town Board
shall, from time to time, set by resolution.
G. The Town Board shall refer the application to the Planning Board.
The applicant shall furnish necessary data, including maps and plans
showing topography, building types and layout, setback, off-street
parking and loading, ingress and egress, signs, existing and proposed
amenities, such as screening, planting and ornamental features, and
such other data and plans as may be required for an understanding
of the proposed project.
H. The data maps and plans submitted with the application shall be prepared
in sufficient detail that the Planning Board will be able to determine,
among other things, the following:
(1) The specific location of principal and accessory buildings on the
site in relation to one another and to other structure in the vicinity.
(2) Existing state, county or Town highways which provide access to the
site.
(3) The vehicular traffic circulation features within the site, including
proposed highways to be dedicated to the Town, if any, proposed roadways
and driveways, and the number, size and location of automobile parking
areas, unloading areas, and access to such areas.
(4) The height, bulk and general architectural style of buildings and
the intended use for each such building.
(5) The pedestrian circulation and open space in relation to structures.
(6) The location, type and size of display signs, driveways and landscape
features.
(7) The safeguards to be provided to minimize possible detrimental effects
of the proposed use on adjacent properties on the neighborhood in
general.
(8) The type and location of water supply system, storm drainage system,
if any, and the sanitary waste collection and disposal system to be
installed in the development.
I. The Planning Board shall hold a public hearing on any such proposed
building project as finally submitted to it for approval. After the
public hearing the Planning Board shall approve, approve with modifications,
or disapprove the applications and shall report its findings to the
Town Board.
J. Should the Planning Board disapprove a building project within a
proposed PCD subdistrict, the said application shall be approved by
the Town Board only upon a vote of four of the five members thereof
in the affirmative. Should the Planning Board approve a building project
within a proposed PCD subdistrict with modifications, which the applicant
is unwilling to make, the Town Board may approve such project with
such stipulations or conditions as it deems necessary to achieve the
general objectives of this section.
K. A building project within a planned development district shall conform
in all respects to the approved plans. Building project approval may
be granted by the Town Board only after final construction plans and
specifications for site preparation of the building project area have
been filed with and approved by the Town Board. Plans and specifications
for site preparation shall include, among other things, plans and
profiles of:
(1) Streets, highways and roadways.
(2) The sanitary sewage disposal system.
(4) The storm drainage system.
L. Before granting approval for a building project, the Town Board may
require the applicant to furnish a performance bond in connection
with the construction involved in the preparation of the building
site and/or in connection with construction of buildings. The amount
of such bond and the amount of any liability insurance to be furnished
shall be determined by the Town Board.
M. Before granting approval for a building project, the Town Board may
require that evidence of such other approvals by appropriate governmental
agencies as are normally required in connections with the collection
and disposal of surface and subsurface waters, the connection and
disposal of sanitary wastes and the provisions of an adequate water
supply be submitted to it.
N. If construction work on the proposed building project is not begun
within the time limits specified in the building project approval,
approval of the project application shall become null and void and
all rights therein shall cease unless the Town Board, for good cause,
authorizes an extension.
O. All conditions imposed by the Town Board, including those the performance
of which are conditions precedent to the issuance of any building
project approval necessary for the development of any part of the
entire site, shall run with the land and shall not lapse or be waived
as a result of any subsequent change in the tenancy or ownership of
any or all of the area.
P. Applications for building permits for each structure in a building
project shall be made to the Building Inspector III of the Town of
Montour and shall be subject to all rules and regulations of the Town
pertaining to the issuance of such building permits.
Nothing herein is intended in any way to adversely affect the
right-to-farm provisions under New York State Law. Should any provision
of this chapter conflict in any way with said provisions, the latter
shall control.