44 - ALTERNATIVE DWELLING PARKS
Any existing trailer or manufactured home park, previously approved under the provisions of an applicable local law or ordinance that is repealed in Article 17 of the local law codified in this title, is, for the purposes of this chapter, defined as an alternative dwelling park.
(LL No. 1, 2021, § 1)
The intent of this chapter is to ensure that those residents of the town who may reside in an alternative dwelling park are provided with a safe and secure environment in which to live. The creation of reasonable bulk and density, traffic control, fire protection, and utility requirements will provide a degree of protection of health, safety, and welfare for these residents equal to that of any other style of residential living. These requirements are also provided to protect existing uses that may adjoin a proposed alternative dwelling park from significant adverse impacts associated with the development of an alternative dwelling park.
(LL No. 1, 2021, § 1)
Any extension or significant modification of or change to the layout, bulk, density, utilities, drives, internal drives, or roads for an existing alternative dwelling park shall require a site plan amendment in accordance with Chapter 17.32 and the provisions of this chapter.
(LL No. 1, 2021, § 1)
A.
Density Requirements.
1.
Minimum lot area for an alternative dwelling park is ten (10) acres.
2.
Lot coverage shall be calculated using the total usable acreage for the entire lot proposed to contain an alternative dwelling park.
3.
The total lot coverage shall not exceed forty (40) percent.
4.
The density requirements for each individual dwelling unit site shall be in accordance with Section 17.44.160.
B.
Dwelling Unit Density Requirement.
1.
The planning board shall determine in a site plan if the dwelling unit density and placement on a lot is appropriate in consideration of natural land features, potential for environmental impact, traffic, and pedestrian movements and consistency with the town comprehensive plan.
2.
The gross dwelling unit density shall be calculated using the total usable acreage and shall, in no instance, exceed five dwelling units for any acre, or maximum of one hundred fifty (150) dwelling units.
(LL No. 1, 2021, § 1)
A site plan for an alternative dwelling park shall include provisions for compliance with the following minimum access requirements:
A.
A minimum of two vehicular drives shall be provided to an alternative dwelling park.
B.
The drives may originate from any road except a private or primary road.
C.
The intersection of one drive with a road shall be separated a minimum distance of five hundred (500) feet from any other drive servicing the lot.
D.
Each drive shall either directly align with an opposing drive, or shall be off-set at a minimum distance as established by a traffic study.
E.
Each drive shall be located a minimum distance of five hundred (500) feet from any intersection of roads.
(LL No. 1, 2021, § 1)
A.
A site plan application for an alternative dwelling park shall document that there are adequate and safe provisions for internal vehicular and pedestrian traffic movements. A traffic study may be required as the basis of design for the site access and internal road and pedestrian access or circulation. The documentation in the site plan application shall, as a minimum, provide for:
1.
Proper pavement width for emergency vehicles;
2.
Safe pedestrian passage along and across drives, internal drives and driveways, either on sidewalks, internal trails, or on shoulders adjacent to drives and internal drives;
3.
Adequate storage space for snow removal;
4.
The parking of vehicles on locations other than roads, drives, and internal drives.
B.
The documentation associated with internal vehicular movements, parking, and pedestrian circulation in an alternative dwelling park shall include as a minimum the following details:
1.
Drive, internal drive, driveway and/or road construction drawings in compliance with Sections 17.36.040, 17.36.050 and 17.36.070 including details such as alignment, width, profile, construction cross section, wear surface specification, drainage, and traffic control device or signs and pavement marking;
2.
Parking area construction drawing including surface design and markings:
3.
Plans for emergency vehicle, public transportation, and school bus access;
4.
Pedestrian access design including sidewalks, walkways, cross walks, signs, and pavement marking with details for access to any public or common area including school bus or public transportation stop, parks, and/or recreational structure;
5.
A design for the access of U.S. postal delivery of mail and the access for tenants to receive or pick up their individual mail;
6.
A drive and/or internal drive maintenance plan having provisions for maintaining the drive surface, snow removal and storage, continuous access for all emergency vehicles and parking control.
(LL No. 1, 2021, § 1)
A.
A lot containing an alternative dwelling park shall have and maintain buffers, landscaping and barriers along perimeter of the lot that complies with the same requirements as those for a business use set in Section 17.36.200.
B.
A lot containing an individual dwelling unit within an alternative dwelling park shall have and maintain buffers, landscaping and barriers along perimeter of the lot that complies with the same requirements as those for a residential use set in Section 17.36.200.
C.
The planning board may, in an approved site plan, require greater buffer, landscape, and barrier requirements to mitigate those impacts associated with an alternative dwelling park development on an adjoining lot.
(LL No. 1, 2021, § 1)
A.
An alternative dwelling park development site plan shall include design provisions for firefighting. These provisions include:
1.
Firefighting vehicle access;
2.
Building spacing and setbacks;
3.
Fire hydrant location and fire hose dimension;
4.
Emergency shut off of utilities;
5.
The local fire department's equipment and personnel limitations;
6.
Fire lane location; and
7.
Response time.
B.
A site plan application shall include a detailed plan for all fire protection equipment to be provided in the alternative dwelling park development. This plan shall be prepared by a design engineer and the equipment shall be designed, constructed, installed, and maintained in accordance with all applicable standards including the National Fire Protection Association and the applicable provisions of the state uniform fire prevention and building code.
C.
Prior to approval of any preliminary plan, the planning board shall receive from the applicant a written response to a review for the plan prescribed in subsection B of this section by the fire department having jurisdiction for the lot proposed for an alternative dwelling park development.
(LL No. 1, 2021, § 1)
An approved site plan for an alternative dwelling park shall include adequate provisions for the storage and removal of solid waste in accordance with the New York State Fire Prevention and Building Code, New York State Environmental Conservation Law, and the laws of the county. Each site plan application shall include the following:
A.
A provision for either curbside pick-up, or a central dumpster location within the alternative dwelling park;
B.
The applicant shall include in a maintenance plan a procedure and responsibility for the policing of the area used for solid waste collection, which shall include provisions for cleaning up any solid waste improperly disposed of or otherwise scattered on the property.
(LL No. 1, 2021, § 1)
A.
An alternative dwelling park site plan shall include provisions for open space in accordance with Section 17.36.100.
B.
The planning board may consider certain ancillary recreational facilities in lieu open space. Such facilities shall be specifically approved by the planning board and shall be deemed to be and shall function as accessory structures and/or uses and as such comply with Chapter 17.40. These recreational facilities shall be compatible with the residential character of the development may include a:
1.
Community room or lounge;
2.
Game or recreation room;
3.
Exercise or multipurpose room;
4.
Sauna/spa, whirlpool;
5.
Swimming pool;
6.
Indoor playground; and/or
7.
Day care center.
(LL No. 1, 2021, § 1)
A.
An alternative dwelling park approved in a site plan shall be subject to periodic inspection by the code enforcement officer to document compliance with this title, the conditions of site plan approval and the applicable provisions of the state uniform fire prevention and building code.
B.
An alternative dwelling park approved in a site plan shall be maintained in perpetuity, by the developer or any successors thereto, in such condition as intended by the approved site plan and in accordance with the provisions of such approval and any condition thereof.
C.
It shall be a violation of this title to maintain an alternative dwelling park in noncompliance with this section.
(LL No. 1, 2021, § 1)
A.
On a lot containing an alternative dwelling park:
1.
The commercial sales of dwelling units shall not be permitted as another principal use or as an accessory use; however,
2.
As shown and permitted in an approved site plan, up to three model dwelling units may be setup and displayed on individual dwelling unit sites.
B.
When the provisions of subsection (A)(1) of this section are permitted, such model dwelling units shall be included in any bulk and density calculation.
(LL No. 1, 2021, § 1)
Except for an accessory building and/or use associated with an individual dwelling unit as specified in subsection 17.44.040(B), an accessory building and/or use shall comply with the requirements specified in Section 17.40.020 for a residential use in an RU district.
(LL No. 1, 2021, § 1)
A.
An approved site plan shall include the design and construction specifications for all utilities, including electric, telephone, gas or other fuel source, water, sewer, and television, required to service the alternative dwelling park and each individual dwelling site. Such plans shall comply with the provisions of Section 17.36.110.
B.
Television service to the alternative dwelling park shall be provided as a consolidated system for the entire site. No individual antennas shall be permitted on dwelling unit sites.
(LL No. 1, 2021, § 1)
A.
Density Requirements.
1.
Minimum lot size: eight thousand (8,000) square feet.
2.
Minimum lot width: fifty (50) feet.
3.
Maximum lot coverage: forty (40) percent.
4.
Minimum yard setback requirements: shall comply with subsection 17.16.020(C)(1).
B.
Accessory Building and Use Requirements.
1.
Except as otherwise specified in this subsection, an accessory building and use shall comply with the requirements of Chapter 17.40.
2.
An accessory building or use located on an individual dwelling lot in an alternative dwelling park shall:
a.
Not require a site plan amendment pursuant to subsection 17.40.020(A)(2),
b.
In lieu of subsection 17.40.020(C)(2) an accessory building may be setback from a side and rear lot line of an individual dwelling unit site a minimum distance of five feet, and
c.
Shall not be located in the front yard of a dwelling lot.
C.
Individual Dwelling Unit Site Access. An individual dwelling unit site shall be provided with driveway access from drive or internal drive and such driveway shall comply with the applicable provisions of Section 17.36.050.
(LL No. 1, 2021, § 1)
A.
Each individual dwelling unit site, pad, or foundation shall comply with the applicable provisions of and the generally accepted standards prescribed in the state uniform fire prevention and building code for the construction of sites and the installation of dwelling units.
B.
When the dwelling unit is a manufactured home, the reference standard for construction shall be as prescribed in the state uniform fire prevention and building code specifically subchapter D and reference requirement 68.
C.
When the dwelling unit is not a manufactured home, the reference standard for construction shall be as prescribed in the state uniform fire prevention and building code specifically subchapter B.
D.
A site plan for an alternative dwelling park must include certification by the design engineer that the project is compliant with the state uniform fire prevention and building code specifically subchapter B and/or D.
E.
In addition to all the other requirements of this section, each individual dwelling unit and/or site shall meet the following minimum requirements:
1.
The site shall be properly drained and compacted to support the weight imposed on the ground by the installed dwelling unit.
2.
Each dwelling unit shall be stabilized either in accordance with the manufacturers' specification, the standards referenced in this section, or an engineering design completed by a design engineer specific to the dwelling unit and/or site.
3.
Anchors and/or roll over protection, as provided for in the manufacturers' specification, the standards referenced in this section or an engineering design completed by a design engineer specific to the dwelling unit shall be provided for each dwelling unit installed.
(LL No. 1, 2021, § 1)
A.
Site Plan Requirement. Other than as permitted in a previously approved site plan, a site plan or amendment thereto pursuant to Section 17.32.180 is required.
B.
Retroactive Compliance Requirement. Any existing alternative dwelling park or any alternative dwelling park previously approved in a site plan shall comply with all applicable provisions of this title when such alternative dwelling park is proposed to have an extension, alteration, or modification that:
1.
Increases the number of lots by a number equal to or greater than fifty (50) percent of the number of existing lots or lots approved in a site plan;
2.
Increases the lot area being dedicated to or used for an existing or approved alternative dwelling park by more than fifty (50) percent of that which is existing or approved in a site plan; or
3.
Has a verified estimated cost of construction or installation for such extension, alteration, or modification that exceeds fifty (50) percent of the assessed property value of the alternative dwelling park at the time that such construction or installation is proposed.
(LL No. 1, 2021, § 1)
44 - ALTERNATIVE DWELLING PARKS
Any existing trailer or manufactured home park, previously approved under the provisions of an applicable local law or ordinance that is repealed in Article 17 of the local law codified in this title, is, for the purposes of this chapter, defined as an alternative dwelling park.
(LL No. 1, 2021, § 1)
The intent of this chapter is to ensure that those residents of the town who may reside in an alternative dwelling park are provided with a safe and secure environment in which to live. The creation of reasonable bulk and density, traffic control, fire protection, and utility requirements will provide a degree of protection of health, safety, and welfare for these residents equal to that of any other style of residential living. These requirements are also provided to protect existing uses that may adjoin a proposed alternative dwelling park from significant adverse impacts associated with the development of an alternative dwelling park.
(LL No. 1, 2021, § 1)
Any extension or significant modification of or change to the layout, bulk, density, utilities, drives, internal drives, or roads for an existing alternative dwelling park shall require a site plan amendment in accordance with Chapter 17.32 and the provisions of this chapter.
(LL No. 1, 2021, § 1)
A.
Density Requirements.
1.
Minimum lot area for an alternative dwelling park is ten (10) acres.
2.
Lot coverage shall be calculated using the total usable acreage for the entire lot proposed to contain an alternative dwelling park.
3.
The total lot coverage shall not exceed forty (40) percent.
4.
The density requirements for each individual dwelling unit site shall be in accordance with Section 17.44.160.
B.
Dwelling Unit Density Requirement.
1.
The planning board shall determine in a site plan if the dwelling unit density and placement on a lot is appropriate in consideration of natural land features, potential for environmental impact, traffic, and pedestrian movements and consistency with the town comprehensive plan.
2.
The gross dwelling unit density shall be calculated using the total usable acreage and shall, in no instance, exceed five dwelling units for any acre, or maximum of one hundred fifty (150) dwelling units.
(LL No. 1, 2021, § 1)
A site plan for an alternative dwelling park shall include provisions for compliance with the following minimum access requirements:
A.
A minimum of two vehicular drives shall be provided to an alternative dwelling park.
B.
The drives may originate from any road except a private or primary road.
C.
The intersection of one drive with a road shall be separated a minimum distance of five hundred (500) feet from any other drive servicing the lot.
D.
Each drive shall either directly align with an opposing drive, or shall be off-set at a minimum distance as established by a traffic study.
E.
Each drive shall be located a minimum distance of five hundred (500) feet from any intersection of roads.
(LL No. 1, 2021, § 1)
A.
A site plan application for an alternative dwelling park shall document that there are adequate and safe provisions for internal vehicular and pedestrian traffic movements. A traffic study may be required as the basis of design for the site access and internal road and pedestrian access or circulation. The documentation in the site plan application shall, as a minimum, provide for:
1.
Proper pavement width for emergency vehicles;
2.
Safe pedestrian passage along and across drives, internal drives and driveways, either on sidewalks, internal trails, or on shoulders adjacent to drives and internal drives;
3.
Adequate storage space for snow removal;
4.
The parking of vehicles on locations other than roads, drives, and internal drives.
B.
The documentation associated with internal vehicular movements, parking, and pedestrian circulation in an alternative dwelling park shall include as a minimum the following details:
1.
Drive, internal drive, driveway and/or road construction drawings in compliance with Sections 17.36.040, 17.36.050 and 17.36.070 including details such as alignment, width, profile, construction cross section, wear surface specification, drainage, and traffic control device or signs and pavement marking;
2.
Parking area construction drawing including surface design and markings:
3.
Plans for emergency vehicle, public transportation, and school bus access;
4.
Pedestrian access design including sidewalks, walkways, cross walks, signs, and pavement marking with details for access to any public or common area including school bus or public transportation stop, parks, and/or recreational structure;
5.
A design for the access of U.S. postal delivery of mail and the access for tenants to receive or pick up their individual mail;
6.
A drive and/or internal drive maintenance plan having provisions for maintaining the drive surface, snow removal and storage, continuous access for all emergency vehicles and parking control.
(LL No. 1, 2021, § 1)
A.
A lot containing an alternative dwelling park shall have and maintain buffers, landscaping and barriers along perimeter of the lot that complies with the same requirements as those for a business use set in Section 17.36.200.
B.
A lot containing an individual dwelling unit within an alternative dwelling park shall have and maintain buffers, landscaping and barriers along perimeter of the lot that complies with the same requirements as those for a residential use set in Section 17.36.200.
C.
The planning board may, in an approved site plan, require greater buffer, landscape, and barrier requirements to mitigate those impacts associated with an alternative dwelling park development on an adjoining lot.
(LL No. 1, 2021, § 1)
A.
An alternative dwelling park development site plan shall include design provisions for firefighting. These provisions include:
1.
Firefighting vehicle access;
2.
Building spacing and setbacks;
3.
Fire hydrant location and fire hose dimension;
4.
Emergency shut off of utilities;
5.
The local fire department's equipment and personnel limitations;
6.
Fire lane location; and
7.
Response time.
B.
A site plan application shall include a detailed plan for all fire protection equipment to be provided in the alternative dwelling park development. This plan shall be prepared by a design engineer and the equipment shall be designed, constructed, installed, and maintained in accordance with all applicable standards including the National Fire Protection Association and the applicable provisions of the state uniform fire prevention and building code.
C.
Prior to approval of any preliminary plan, the planning board shall receive from the applicant a written response to a review for the plan prescribed in subsection B of this section by the fire department having jurisdiction for the lot proposed for an alternative dwelling park development.
(LL No. 1, 2021, § 1)
An approved site plan for an alternative dwelling park shall include adequate provisions for the storage and removal of solid waste in accordance with the New York State Fire Prevention and Building Code, New York State Environmental Conservation Law, and the laws of the county. Each site plan application shall include the following:
A.
A provision for either curbside pick-up, or a central dumpster location within the alternative dwelling park;
B.
The applicant shall include in a maintenance plan a procedure and responsibility for the policing of the area used for solid waste collection, which shall include provisions for cleaning up any solid waste improperly disposed of or otherwise scattered on the property.
(LL No. 1, 2021, § 1)
A.
An alternative dwelling park site plan shall include provisions for open space in accordance with Section 17.36.100.
B.
The planning board may consider certain ancillary recreational facilities in lieu open space. Such facilities shall be specifically approved by the planning board and shall be deemed to be and shall function as accessory structures and/or uses and as such comply with Chapter 17.40. These recreational facilities shall be compatible with the residential character of the development may include a:
1.
Community room or lounge;
2.
Game or recreation room;
3.
Exercise or multipurpose room;
4.
Sauna/spa, whirlpool;
5.
Swimming pool;
6.
Indoor playground; and/or
7.
Day care center.
(LL No. 1, 2021, § 1)
A.
An alternative dwelling park approved in a site plan shall be subject to periodic inspection by the code enforcement officer to document compliance with this title, the conditions of site plan approval and the applicable provisions of the state uniform fire prevention and building code.
B.
An alternative dwelling park approved in a site plan shall be maintained in perpetuity, by the developer or any successors thereto, in such condition as intended by the approved site plan and in accordance with the provisions of such approval and any condition thereof.
C.
It shall be a violation of this title to maintain an alternative dwelling park in noncompliance with this section.
(LL No. 1, 2021, § 1)
A.
On a lot containing an alternative dwelling park:
1.
The commercial sales of dwelling units shall not be permitted as another principal use or as an accessory use; however,
2.
As shown and permitted in an approved site plan, up to three model dwelling units may be setup and displayed on individual dwelling unit sites.
B.
When the provisions of subsection (A)(1) of this section are permitted, such model dwelling units shall be included in any bulk and density calculation.
(LL No. 1, 2021, § 1)
Except for an accessory building and/or use associated with an individual dwelling unit as specified in subsection 17.44.040(B), an accessory building and/or use shall comply with the requirements specified in Section 17.40.020 for a residential use in an RU district.
(LL No. 1, 2021, § 1)
A.
An approved site plan shall include the design and construction specifications for all utilities, including electric, telephone, gas or other fuel source, water, sewer, and television, required to service the alternative dwelling park and each individual dwelling site. Such plans shall comply with the provisions of Section 17.36.110.
B.
Television service to the alternative dwelling park shall be provided as a consolidated system for the entire site. No individual antennas shall be permitted on dwelling unit sites.
(LL No. 1, 2021, § 1)
A.
Density Requirements.
1.
Minimum lot size: eight thousand (8,000) square feet.
2.
Minimum lot width: fifty (50) feet.
3.
Maximum lot coverage: forty (40) percent.
4.
Minimum yard setback requirements: shall comply with subsection 17.16.020(C)(1).
B.
Accessory Building and Use Requirements.
1.
Except as otherwise specified in this subsection, an accessory building and use shall comply with the requirements of Chapter 17.40.
2.
An accessory building or use located on an individual dwelling lot in an alternative dwelling park shall:
a.
Not require a site plan amendment pursuant to subsection 17.40.020(A)(2),
b.
In lieu of subsection 17.40.020(C)(2) an accessory building may be setback from a side and rear lot line of an individual dwelling unit site a minimum distance of five feet, and
c.
Shall not be located in the front yard of a dwelling lot.
C.
Individual Dwelling Unit Site Access. An individual dwelling unit site shall be provided with driveway access from drive or internal drive and such driveway shall comply with the applicable provisions of Section 17.36.050.
(LL No. 1, 2021, § 1)
A.
Each individual dwelling unit site, pad, or foundation shall comply with the applicable provisions of and the generally accepted standards prescribed in the state uniform fire prevention and building code for the construction of sites and the installation of dwelling units.
B.
When the dwelling unit is a manufactured home, the reference standard for construction shall be as prescribed in the state uniform fire prevention and building code specifically subchapter D and reference requirement 68.
C.
When the dwelling unit is not a manufactured home, the reference standard for construction shall be as prescribed in the state uniform fire prevention and building code specifically subchapter B.
D.
A site plan for an alternative dwelling park must include certification by the design engineer that the project is compliant with the state uniform fire prevention and building code specifically subchapter B and/or D.
E.
In addition to all the other requirements of this section, each individual dwelling unit and/or site shall meet the following minimum requirements:
1.
The site shall be properly drained and compacted to support the weight imposed on the ground by the installed dwelling unit.
2.
Each dwelling unit shall be stabilized either in accordance with the manufacturers' specification, the standards referenced in this section, or an engineering design completed by a design engineer specific to the dwelling unit and/or site.
3.
Anchors and/or roll over protection, as provided for in the manufacturers' specification, the standards referenced in this section or an engineering design completed by a design engineer specific to the dwelling unit shall be provided for each dwelling unit installed.
(LL No. 1, 2021, § 1)
A.
Site Plan Requirement. Other than as permitted in a previously approved site plan, a site plan or amendment thereto pursuant to Section 17.32.180 is required.
B.
Retroactive Compliance Requirement. Any existing alternative dwelling park or any alternative dwelling park previously approved in a site plan shall comply with all applicable provisions of this title when such alternative dwelling park is proposed to have an extension, alteration, or modification that:
1.
Increases the number of lots by a number equal to or greater than fifty (50) percent of the number of existing lots or lots approved in a site plan;
2.
Increases the lot area being dedicated to or used for an existing or approved alternative dwelling park by more than fifty (50) percent of that which is existing or approved in a site plan; or
3.
Has a verified estimated cost of construction or installation for such extension, alteration, or modification that exceeds fifty (50) percent of the assessed property value of the alternative dwelling park at the time that such construction or installation is proposed.
(LL No. 1, 2021, § 1)