[Added 8-31-2020 by L.L. No. 3-2020]
A.
Statement of intent and objectives.
(1)
It is the intent of this Conservation Cluster Residential ("CCR")
Floating Zone to provide a more flexible zoning framework to incentivize
more intensive clustering of residential development along the boundaries
of the Town's villages in order to preserve large expanses of continuous
open space to serve as a growth edge and discourage a sprawling, land-
and resource-consumptive, large-lot development pattern. In the place
of prescribed standards for uses, lot sizes, yards and setbacks, this
district favors a more process-based approach, wherein an applicant
will develop a master development plan designed to meet several identified
planning purposes and criteria, as a basis for more flexible use,
bulk and design standards. The CCR District is a Floating Zone that
may be affixed to parcels by the Town Board as provided below.
(2)
Among the Comprehensive Plan goals to be achieved through use of
the CCR Floating Zone include the following:
(a)
Residential neighborhoods will be designed to blend with and
preserve, not dominate, the existing rural woodland landscape, and
developed at an appropriate range of densities that take into consideration
proximity to open space and sensitive ecological habitat, proximity
to major transportation corridors, proximity to employment and shopping
opportunities, and availability of sewer and water service.
(b)
Encourage an interconnected system of open space and recreational
lands that provides a supporting sustainable framework for the neighborhoods
within the Town and preserve the environmental resources that sustain
the health and welfare of the Town's residents.
(c)
Implement regulations necessary to ensure that applicants submit
development applications that fully disclose the proposed density,
intensity, size, environmental constraints and design of projects
so that the boards can fully assess a project's potential impacts
and adopt mitigation measures that are consistent with the goals and
objectives and policies of this Plan update.
(3)
Among the Comprehensive Plan objectives to be achieved through use
of the CCR Floating Zone include the following:
(a)
Allow medium-density, suburban residential neighborhoods in
those areas that are close to existing Village residential neighborhoods,
are served by central water and sewer, and proximate to major employment
and shopping centers within the Town.
(b)
Allow limited high-density, urban residential neighborhoods
which are immediately adjacent to one or more of the Town's villages
and are not significantly constrained by sensitive environmental features,
and allow a variety of housing types in these neighborhoods.
(c)
Ensure that large developments proposed within urban residential
neighborhoods, e.g., over 50 dwelling units, be designed to provide
a mix of housing units, e.g., a mix of two-, three-, multifamily,
townhome, and other housing types, rather than one single-dwelling-unit
type, so as to promote housing diversity.
(d)
Require that applications for subdivisions which meet a defined
minimum number of proposed lots submit both a conventional and cluster
development layout, and allow the Planning Board to determine whether
the cluster development must be pursued so that the Town's objective
for preserving undisturbed open space is met.
(e)
Ensure that all developments are designed to fit within the
existing landscape, and that a minimum percentage of undisturbed woodland
is integrated into all new developments to promote healthy and attractive
neighborhoods.
B.
Application procedure and approval process.
(1)
Petition for the CCR overlay to be applied to a parcel or parcels
shall be made to the Town Board along with a master development plan
illustrating the general layout and mix of uses.
(2)
Master development plan (MDP) required. In order to allow the Town
Board and the petitioner to reach an understanding on the basic use
mix, density and layout, prior to designation of the CCR, a master
development plan shall be submitted that meets the following criteria:
(a)
The MDP shall be prepared by an architect, engineer or land
surveyor licensed in the State of New York.
(b)
The MDP shall be drawn to an engineering scale and contain the
date of last revision, north arrow and graphic scale.
(c)
The MDP shall contain the stamp or seal and be signed by the
professional preparing the map.
(d)
The interior road system of all existing and proposed rights-of-way
and easements shall be provided and indicated as to whether public
or private ownership is proposed.
(e)
Use areas shall be designated with conceptual footprints indicating
the number of dwelling units and bedrooms by each housing type and
indicating the floor area of nonresidential, general community facilities
and accessory structures.
(f)
In order to determine the conservation value of open space,
the MDP shall include a conservation plan of the project site, identifying
areas with conservation value which may include historic, ecological,
agricultural, water resource, scenic, or other natural resource value.
Lands with conservation value include scenic view corridors, agricultural
land, land with prime farmland soils or soils of statewide importance,
aquifers and their recharge areas, ecological habitat for sensitive
species, historic buildings or landscapes, large areas or contiguous
forest, ridgelines and hillsides visible from public roads or other
public areas, state or federal wetlands, lakes, water bodies, and
stream corridors. These areas shall be mapped on a separate conservation
plan which clearly demarcates these areas.
(g)
Proposed common open spaces shall be outlined on the MDP and
a narrative provided indicating how open spaces are to be preserved
in perpetuity, owned and maintained. Proposed bulk requirements applicable
to designated use areas of the site, including building heights, setbacks
and feet from proposed site roadways or external existing Town roadways,
coverage restrictions, FAR restrictions, separation between buildings,
and any other bulk constraints necessary to ensure site plans for
component use areas are consistent with the plan portrayed in the
MDP.
(h)
Conceptual elevations of proposed buildings in each use area,
and identification of general architectural or site design features
necessary to ensure the community character and/or aesthetic character
of the component use area identified in the MDP.
(i)
The relationship between the proposed road system, parking lots,
buildings, utilities and open spaces shall be provided.
(j)
The proposed water, storm and sanitary sewer systems shall be
shown and, how they are proposed to be connected to the system of
adjoining areas shall be indicated.
(k)
Environmental characteristics of the project site shall be shown,
including topography, areas of slope in excess of 30%, soils, flood
zones, rock outcrops, streams, swamps, lakes, ponds and other wetlands
and all proposed alterations of said environmental characteristics.
(l)
Estimates of peak-hour traffic generation derived from the proposed
development and its relation to surrounding development and its relation
to surrounding roads and intersections, including design elements
to mitigate traffic impacts, shall be provided in an accompanying
narrative.
(m)
If the development is to be phased, a clear indication of the
phasing process shall be provided. The MDP shall show each phase of
development with the dates of anticipated commencement and completion
of the same.
(n)
Narrative of how the proposal would be consistent with the official planning objectives of the Town as well as the criteria listed in Subsection C.
(o)
Fiscal impact analysis indicating predicted assessed value of
the project and anticipated public service costs based on the per-capita
multiplier methods and/or proportional valuation (for any assisted
living or nonresidential development proposed) average costing methods.
(3)
Every application for CCR authorization shall be accompanied by a
fee as set forth in the Town fee schedule.
(4)
State Environmental Quality Review. The authorization of CCR zoning
to any parcel shall be deemed a Type 1 action pursuant to 6 NYCRR
617.
(5)
Referral to Planning Board. After the Town Board has determined that the application is for a viable project that it wishes to consider for the CCR Floating Zone, it shall refer the application to the Planning Board. In the case of such referral, the Planning Board shall submit its report on the proposed petition to the Town Board within 60 days of receipt of a referred petition. Such referral shall include the proposed petition; master development plan; and a negative declaration of environmental significance or an environmental impact statement pursuant to 6 NYCRR 617. The Planning Board shall review the petition and master development plan against the criteria in Subsection C, the intent of the CCR Floating Zone and the goals and objectives of Subsection A in recommending whether to authorize the CCR Floating Zone. The Planning Board shall also review the layout of the master development plan as well as the scale and intensity of proposed development. The Planning Board shall recommend whether the MDP should be approved, approved with modifications or denied and is encouraged to provide recommendations for how the MDP could be improved in order to incorporate best practices of sustainable land development.
C.
Criteria for authorization of CCR Floating Zone. Authorization of
the CCR Floating Zone is subject to the same discretion as any Zoning
Map amendment. Compliance with indicated criteria in no way compels
the Town Board to designate the site for the CCR Floating Zone. The
Town Board shall consider the following criteria among other relevant
considerations in determining whether or not to authorize the landing
or designation of the CCR Floating Zone to a particular parcel or
group of parcels in connection with a proposed petition and MDP.
(1)
The parcel or an assembly of no more than eight contiguous parcels each of no less than four acres to be included in the CCR Floating Zone shall contain at least 80 contiguous acres. Solely for the purposes of interpretation of this requirement, contiguous shall include lands divided by a Town or county road so long as lands directly perpendicular to the street center line on both sides of the road are in common ownership [See Subsection C(11) of this Section] for a distance of no less than 100 feet.
(2)
At least 40 acres of the parcel or assembly of parcels must be located
within 1/2 mile of the boundary of an incorporated village within
the Town of Monroe. All residential structures proposed for the parcel
or assembly of parcels must be located entirely within the 1/2 mile.
(3)
The site must be served by a central water and sewer system approved
by the Town Board.
(4)
The proposed MDP must preserve at least 65% of the total gross lot
area as open space subject to conservation easement in favor of the
Town of Monroe and/or acceptable alternative land trust or dedication
to the Town of Monroe, County of Orange or State of New York as parkland,
and the area to be preserved shall be prioritized as follows:
(a)
Those areas most constrained by sensitive environmental resources.
(b)
Areas of high conservation value.
(c)
The portion of the site furthest from existing village boundaries.
(d)
Areas currently used for agriculture, which use may continue
to operate post-development, subject to elimination of development
rights through covenant or easement.
(5)
Permitted residential density. The maximum residential density of
the proposed MDP shall be equal to the gross lot area (without reduction
of environmentally constrained lands) divided by 1/2 acre per unit.
Solely for the purposes of calculating permissible density under these
provisions, one hotel room (key) shall count as 1/2 residential unit.
(6)
At least 20% of units are restricted to sale or lease to families
earning less than 100% of area median income as determined by the
Department of Housing and Urban Development (workforce housing), and
an adequate means of enforcing and administering the restriction for
a period of no less than 30 years is provided. Sale and lease of all
income-restrictive units shall be made available to the general public
on an on-going basis, and, where necessary, a waiting list structure
shall be proposed to offer units to the general public in a fair manner
as they become available. Where allowed under law, a weighting system
that gives preference to existing Town residents, public servants,
local emergency service volunteers, or other identified selected groups
via a weighting system may be proposed for the income-restricted units.
(7)
At least 15% of units are restricted to sale or lease to families
where at least one person is over the age of 55 and no permanent resident
is under the age of 18, and an adequate means of enforcing and administering
the restriction for a period of no less than 30 years is provided.
(8)
An average of no more than 2.25 bedrooms per unit are provided across
the entire MDP and no more than 20% of units have more than three
bedrooms, as a means of limiting impacts on school resources and providing
a diversity of housing, not currently served by the Town's existing
mostly single-family detached housing supply, which currently provides
adequate options for units with more than three bedrooms per dwelling
unit.
(9)
The proposal is conceptually sound in that it meets a demonstrated
community or market need and it conforms to sustainable design principles
in the layout of the proposed roadway system, in the land use configuration,
open space and drainage system and in the scale of the elements, both
absolute and as they relate to one another.
(10)
There are adequate public facilities, services, utilities and
road access available to support the development or adequate facilities
are proposed to be made available.
(11)
Ownership. The land proposed for a CCR may be owned by one or
more persons or corporations but shall be combined into a single contiguous
parcel of land at or prior to final site plan approval by the Planning
Board for development of any portion or phase of an approved MDP.
The petition shall be jointly made by all record owners, and requirements
of approval shall be imposed jointly and severally on all of them.
The requirement for merger of component lots shall not prevent the
subsequent subdivision of the tract as part of the approved project
to accommodate single-family homes on fee-simple lots, phases, or
separate homeowners' associations or to support financing of component
project elements, but such subdivision shall require the approval
of the Planning Board pursuant to the Town's Subdivision of Land Regulations
Chapter[1] and compliance with the relevant requirements of NY Town
Law and NY General Municipal Law.
(12)
A fiscal impact analysis shall be provided demonstrating that
the project is not anticipated to result in adverse fiscal impacts
to any Town, school or emergency service taxing jurisdictions.
(13)
Maximum sitewide floor area ratio (including conservation areas)
of 0.07.
(14)
Permitted principal uses. The following uses may be authorized
as parts of an MDP for development of a CCR district:
(a)
Single-family detached dwelling units on individual lots of
not more than 15,000 square feet.
(b)
Single-family attached dwelling units.
(c)
Single-family semiattached dwelling units.
(d)
Multiple-family dwellings, including but not limited to workforce
apartments or condominium flats.
(e)
Assisted-living facilities.
(f)
Open space preserves and parkland.
(g)
Hotels, spa facilities and conference centers, only where the
Town Board believes that such are compatible with the character of
the existing surrounding neighborhood. The Town Board, in authorizing
the CCR, may require as a condition of approval appropriate controls
to insure that the hotel, spa and conference center is in character
with the surrounding community, including but not limited to establishing
acceptable room sizes; limiting the number of guest rooms; limiting
or requiring the number of suite-type units with individual cooking
facilities; providing requirements for the architectural appearance;
establishing requirements for the size and capabilities of the operator;
and requiring minimum floor area for amenity space such as fitness
centers, pools, meeting rooms, ballrooms, etc.
(h)
Sit-down restaurants, personal service establishments and/or
retail uses restricted to no more than 5% of the gross floor area
of the proposed development and integrated into clubhouses, recreational
uses or other accessory nonresidential structures.
(i)
Agricultural use, including use of areas designated as open
space.
(15)
Permitted accessory uses. The following uses may be authorized
accessory to a principal permitted use proposed as part of an MDP
for development of a CCR district:
(a)
Accessory uses as permitted elsewhere in this chapter for principal
uses allowed in the CCR, except that accessory apartments shall not
be permitted for any unit within a CCR All apartments are expected
to be counted as part of the density calculation of the CCR.
(b)
Other accessory uses related to the planned development and
subordinate to the principal use, including storage and maintenance
buildings, management offices, clubhouses, recreational uses and facilities,
project rental/sales centers, security facilities, and utility structures
serving the proposed development.
(c)
Common dining, laundry, restaurant, medical, personal services
and housekeeping facilities, principally for the use of senior residents,
in conjunction with assisted-living facilities or groups of at least
50 dwelling units restricted to senior occupancy.
(16)
Design standards.
(a)
Coverage in development area. Within the 35% of lot area designated
for development, no more than 65% of the area may be covered with
impervious surfaces, the rest to be comprised of landscaped areas,
lawns or open areas left substantially in their natural state.
(b)
Buffering from sensitive environmental resources. No impervious surfaces shall be proposed within 100 feet from a DEC or US ACOE jurisdictional wetland, except that access roads or driveways may be proposed through such areas where necessary to provide adequate emergency access to the community. Areas within the buffer may be used for active and passive recreational use by residents, unless otherwise prohibited by other laws or regulations. Applications will comply in all respects to Chapter 56 (Wetlands) of the Town of Monroe.
(c)
Distance between principal buildings. At a minimum, the distance
between two principal buildings shall be not less than their average
height.
(d)
Separation from existing public street. No building shall be
proposed within 75 feet of an existing public street. Generally, the
area along an existing public street shall be maintained in a naturally
wooded state, or in a state of equivalent appearance, except for areas
where the project is proposed to be accessed.
(e)
Increased perimeter setbacks may be required whenever it is
determined that they are warranted by the topography, the nature of
the existing vegetation or the relationship to and impact on neighboring
properties and uses.
(f)
Off-street parking and loading. Off-street parking and loading shall be provided in accordance with the ratios established in § 57-49 of this chapter.
(g)
The right-of-way and pavement widths for internal roads shall
be determined from sound planning and engineering standards to be
adequate and sufficient in size, location and design to accommodate
the maximum traffic, parking and loading needs and the access of firefighting
equipment and police or emergency vehicles. The construction of roads
shall meet Town requirements for design and materials and be approved
by the Town Highway Superintendent.
(h)
A maximum building height of 40 feet for all buildings is required.
(17)
Design considerations. The following design elements shall be
considered advisory and shall not be mandatory in the design of the
MDP:
(a)
Visual screening between adjoining residential yards and between
residences and nonresidential areas shall be accomplished through
the use of vegetation, walls or fencing.
(b)
Buildings and accessory structures shall be set back a minimum
of 25 feet from any street intended to carry through traffic.
(c)
Front load garages shall be discouraged, and where unavoidable,
should not project closer to the street than the balance of the front
facade of the structure. For townhouses and multifamily structures,
community garage structures and/or rear loaded garages accessed via
an alley are favored.
(d)
Sidewalks should be provided on each side of a residential street
or parking area where residences are proposed. Along through streets
with no directly adjacent residences, sidewalks shall be provided
on one side.
(e)
Reasonable attempt will be made to incorporate historic resources,
including stone walls and foundations, into the design of the proposed
development.
D.
Town Board action on the petition for a CCR Floating Zone designation.
(1)
Upon receipt of a valid and complete application including a negative
declaration of environmental significance or a complete draft environmental
impact statement, the Town Board shall set a date for and conduct
a public hearing for the purpose of considering an amendment to the
Zoning Map to land or designate the CCR Floating Zone District designation
to the subject property. A public hearing shall be set by the Town
Board within 30 days of receipt of the valid and complete application,
if the Town Board elects to proceed with consideration of the petition.
Such public hearing shall be conducted within 60 days of receipt of
the valid and complete application.
(2)
The Town Board shall refer the petition to involved and interested
agencies in conformance with 6 NYCRR 617.
(3)
The Town Board shall refer the petition to the Orange County Planning
Department for comment pursuant to the applicable provisions of GML
§ 239.
(4)
The Town Board shall disapprove, approve or approve subject to conditions the petition in accordance with the provisions of NY Town Law § 265, Article XVIII (Amendments) of this chapter, in the form of a local law.
(5)
Decision. The Town Board, when deciding whether to disapprove, approve,
or approve with conditions a petition for CCR, will consider:
(a)
The consistency of the proposed petition and MDP with the intent
of the CCR Floating Zone.
(b)
The consistency with the goals and objectives of the Comprehensive Plan as listed in Subsection A.
(d)
The report of the Planning Board, including any recommended
modifications.
(e)
The input of any interested or involved agencies as defined
by 6 NYCRR 617.
(f)
The suitability of the MDP to meet the purposes of this chapter
as well as their incorporation of best practices for sustainable land
development.
(6)
The Town Board, in its discretion, may impose reasonable conditions
to an approved CCR authorization as necessary to assure conformance
of the project with the intent, objectives and requirements of these
regulations.
(7)
The approved CCR shall be designated on the Zoning Map of the Town
of Monroe, New York, and reference the local law authorizing the designation
which shall be included on the Map.
(8)
Standard conditions regarding CCR authorization. Unless otherwise
overridden by the Town Board, authorization for CCR shall be conditioned
upon the following:
(a)
Securing of site plan approval in accordance with Article VI of the Zoning Code of the Town of Monroe prior to issuance of a building permit in connection with the construction of any element of an approved MDP.
(b)
If a valid and complete application for site plan approval is
not presented to the Planning Board for approval within six months
of the date of CCR authorization or if no development is initiated
on the site within 18 months of the date of approval of a site plan
by the Planning Board, the zoning of said parcel shall revert back
to the zoning of said parcel prior to its change to a CCR district.
The Town Board may, upon application, extend either term for up to
three six-month periods, where it finds that the development was delayed
for cause reasonably beyond the control of the applicant.
(9)
Upon designation, the MDP and attendant narratives, design requirements,
indicated bulk standards and other conditions of approval shall override
any competing provisions of the Zoning Local Law.
E.
Additional requirements applicable to subsequent site plans. Any
requirements imposed by the Planning Board during review of subsequent
site plan applications, the following requirements shall be imposed
on any application for site plan approval of a component of any approved
MDP within a designated CCR.
(1)
Homeowners' association. Where common areas exist, the ownership,
maintenance and preservation of such property shall be permanently
assured to the satisfaction of the Town Board by the filing of appropriate
easements, covenants and restrictions and through a private land trust
or association of all property owners (hereafter "homeowners' association"
or "HOA") established in accordance with applicable law and pursuant
to the following requirements:
(a)
The HOA certificate of incorporation, the bylaws and the organization's
declaration of restrictions shall be submitted to the Town Attorney
and the Planning Board for approval before any final site plan approval
may be granted. They shall clearly provide:
[1]
That the HOA will be responsible for all insurance, taxes, governmental
assessments, utility costs, maintenance, operation, repair and the
management of the common areas, including recreational facilities
and other amenities.
[2]
That a capital reserve fund for future major maintenance and
repairs will be created.
[3]
That membership in the HOA will be mandatory for all unit owners
within the planned development.
[4]
That the assessments levied by the HOA which are unpaid in excess
of 60 days shall become both a lien on individual title and a personal
obligation against the unit owner.
[5]
The HOA must be formed prior to the issuance of a building permit
for the first dwelling unit. The HOA must be formed pursuant to the
applicable regulations promulgated by the New York State Attorney
General's Office. All requirements in this chapter for HOAs shall
be equally applicable to homeowners' associations, condominiums and
cooperatives.
(b)
Where there is to be a lease of any portion of the common areas,
it must be submitted for approval to the Town Board, which will examine
the relationship of the lease to the HOA with regard to rights of
use and access by the unit owners in and to the common areas.
(c)
The HOA shall not be dissolved.
(d)
The HOA shall not dispose of or convey any common areas for
any uses other than those specified in the approved master development
plan and as amended.
(2)
Planned development deed restrictions, covenants and easements.
(a)
The developer shall, prior to final approval and as a condition
thereof, designate common areas. The common areas shall consist of
all land in residentially developed areas which is not to be developed
as residential units. Such areas shall include but not be limited
to all roadways, recreation facilities, common accessways, buffer
zones and open space areas, except those areas proposed for dedication
to the Town, and shall be duly noted as such on the site plan map
filed prior to site plan approval, which map shall also include a
separate listing of all site plan approval conditions. The filed map
shall be referred to by its filing number in the deed restriction
or date of approval and last revision of the approved site plan and
incorporated by reference therein.
(b)
As a condition of approval, the Town Board shall require that
any deed granted by the developer with respect to the residential
units in the planned development shall contain a clause or clauses
which create permanent rights of use and enjoyment in the designated
common property and easements for the same which shall be appurtenant
to each unit and benefit the owners thereof.
(c)
In addition, each deed granted by the developer shall contain
a restrictive covenant, in recordable form satisfactory to the Town
Attorney, restricting the disposal or conveyance of the common property
for any purpose other than those specified in the approved planned
development site plan. The covenants as set forth above shall inure
to the benefit of each individual purchaser of a residential unit
within the planned development and shall further name the Town as
third-party beneficiary for enforcement purposes and shall prohibit
the extinguishment of said covenants.
(d)
As a condition of approval, the Town Board shall require the
developer to provide in an easement, restrictive covenant, deed restriction
or other conveyance in a recordable form satisfactory to the Town
Attorney, the conditions restricting development of the open space
created by the CCR as follows:
[1]
A conservation easement on the open space will be held jointly
by the Town and a reputable land trust or fee dedication to the Town
with conservation easement held by the reputable land trust;
[2]
Ownership and maintenance for the open space conservation easement
will be identified as site plan approval conditions and recorded on
the deed;
[3]
The deed restriction will identify the open space conservation
easements and include a clause that the conservation easement terminates
any development rights of that land in perpetuity and prohibits transfer
of those rights to any other property;
[4]
Modification of any conservation easement shall require the
unanimous consent of the Town Board and unanimous consent of the land
trust governing board;
[5]
The conservation easements cannot be modified to confer private
benefit or inurement not included in the original easement.
(e)
As a condition of approval, the Town Board shall require the developer to provide in a restrictive covenant, in recordable form satisfactory to the Town Attorney, the identification and terms of the leased workforce housing or age-restricted units as required in Subsection C(6) and (7) of this Article. All for-sale workforce housing or age-restricted units shall provide a restrictive covenant, in recordable form satisfactory to the Town Attorney, in accordance with Subsection C(6) and (7) of this article.
(f)
The Town's emergency maintenance rights set forth in Subsection E(3) below in and to the common property as described herein shall also be included in the deed restriction.
(g)
All mortgages, leases and similar encumbrances on the common
property shall be subordinate to the deed restrictions and shall be
reviewed by the Town Attorney to assure that they are actually subordinate
thereto. In order to facilitate this review, the developer shall submit
a full title report on the premises to the Town Attorney prior to
any site plan application to the Planning Board.
(h)
Prior to any final site plan approval, the developer shall file
a separate declaration of restrictions with the County Clerk, thus
encumbering the common property in the planned development coincident
with final site plan approval and prior to any development thereon.
In the event that the developer is a contract vendee for all or part
of the site, such declaration of restrictions shall be filed simultaneously
with the title closing on the site or part thereof.
(i)
The permanent rights of use and access and the restrictive covenants
described herein shall run with the land, and no site plan shall be
approved without the prior approval of the language and form of all
documents describing such rights, covenants and restrictions by the
Town Board.
(3)
Town's emergency maintenance rights.
(a)
In the event that the HOA established to own and maintain common
property, or any successor organization, shall at any time after establishment
of the CCR fail to maintain the common property in reasonable order
and condition in accordance with the plan, the Town may serve written
notice upon such organization or upon the residents and the owners
of the development, setting forth the manner in which the organization
has failed to maintain the common property in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be cured within 30 days thereof and shall state the date and place
of a hearing thereon which shall be held within 14 days of the notice.
At such hearing, the Town may modify the terms of the original notice
as to the deficiencies and may give an extension of time within which
they shall be cured. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be cured within said
30 days or any extension thereof, the Town, in order to preserve the
taxable values of the properties within the planned development and
to prevent the common property from becoming a public nuisance, may
enter upon said common open space and maintain the same for a period
of one year. Said entry and maintenance shall not vest in the public
any rights to use the common open space except when the same is voluntarily
dedicated to the public by the residents and owners and accepted by
the Town Board after public hearing thereon. Before the expiration
of said year, the Town shall, upon its initiative or upon request
of the organization theretofore responsible for the maintenance of
the common property, call a public hearing upon notice to such organization
or to the residents and owners of the development to be held by the
Town, at which hearing such organization or the residents and owners
of the planned development shall show cause why such maintenance by
the Town shall not, at the election of the Town, continue for the
succeeding year. If the Town shall determine that such organization
is ready and able to maintain said common property in reasonable condition,
it shall cease to maintain said common property at the end of said
year. If the Town shall determine such organization is not ready and
able to maintain said common property, it may continue to maintain
said property for the next succeeding year, subject to a similar hearing
and determination in each year thereafter.
(b)
The cost of such maintenance by the Town shall be assessed,
equally, against the properties within the planned development that
have a right to enjoyment of the common property and shall become
a tax lien on said properties and may be collected in the same manner
as an unpaid tax. The Town, at the time of entering upon said common
property for the purpose of maintenance, shall file a notice of such
lien in the office of the County Clerk upon the properties affected
by such lien within the development.
(4)
Site and structure requirements.
(a)
Natural features, such as streams, rock outcrops, topsoil, trees
and shrubs, shall be preserved or replaced and incorporated in the
landscaping plan of the development.
(b)
Where adequate surface drainage is not possible by grading alone,
a supplementary drainage system, approved by the Town, shall be required.
(c)
To improve the quality of the environment and to reduce inconvenience
during bad weather, all electrical and telephone distribution lines
shall be installed underground.
(d)
The developer shall provide all necessary fire hydrants, refuse
disposal facilities, water and sewer facilities, storm drainage, paved
road access, paved parking and loading facilities and off-street lighting,
making reasonable provision for utility service connections with adjoining
properties in other ownerships.
(e)
Parking and loading areas, refuse disposal facilities and other
accessory uses within the planned development shall be located so
as to be compatible with nearby residential uses. Such uses shall
be adequately screened and buffered where adjacent to residential
development.
(f)
All utilities and drainage facilities shall be built to the
approval of the Town Engineer.
(g)
Performance guaranty. The Planning Board shall require that
public improvements, recreational facilities and landscaping be secured
by a performance guaranty in the same manner as prescribed in the
Town subdivision regulations, or as the Planning Board may require.
Provision shall be made to secure the maintenance of landscaping by
the HOA and approval and successors in interest.
