Article XIII Age-Oriented Community

The Town of Yorktown, New York, has provided in its Development Plan, as amended to June 1961, and as implemented by its this chapter, as amended to July 1964, ample lands for sale to and use and occupancy by persons of all ages, financial circumstances and family conditions, as well as sufficient and suitable lands for nonresidential purposes and for the population contemplated in said Development Plan for years still to come. The establishment of a special classification for the age-oriented community will leave ample lands available in the Town for other types of housing accommodations for those not yet qualifying under this classification. Without even considering the land zoned in such manner as to be available for general residence use in neighboring Towns within this county, the immigration to the Town of Yorktown of citizens of more modest means or those desiring space to raise their families will in no way be detrimentally affected.

The purpose of the age-oriented community is to permit the establishment, within residential areas, of a specialized residential development for older persons, in which development certain accessory uses requisite to the mode of living and age of, or desirable and convenient for use by, a group of residents having the characteristics of those qualified by definition to inhabit the structures constituting such specialized residential development are permitted. There is an increasing demand by persons of or nearing retirement age for dwelling accommodations in a developed, separate residential section in which a greater degree of tranquillity is assured through the zoning classifications, which will be inhabited by persons similarly circumstanced and which have been designed and developed for such age group. It is further provided that such age-oriented community be considered and made part of a larger, overall residential neighborhood. Not only is it considered the duty of a municipal government to provide space within its boundaries for this group of citizens which, as the science of geriatrics advances, grows larger daily, but it is to the benefit of the Town and its other residents to do so.

Such persons form a stable part of the community. In contrast to young families which are often compelled to move as their families grow or jobs change, retired persons set their roots fast in the community, usually for the rest of their span of life. They have no need for schools and related services, nor do they require, in the aggregate, as many municipal services and facilities. The taxes paid by them, directly or indirectly, help to stabilize the tax base required to provide schools and other public services in those areas and for those land uses which require them. Usually having a greater-than-average purchasing power, they bolster the local economy and aid in the expansion and development of local business districts. The manner in which they use the physical premises where they reside is less apt to disturb the peace and tranquillity of the neighborhood than the use of property by younger persons with families, with greater outdoor activity, greater social activity taking place on the premises and greater traffic at all times on and onto the premises.

Moreover, it has been determined that a minimum amount of retail trade and services, professional and other, may be carried on in such specialized development for the convenience of its inhabitants, some of whom will, by reason of age or reduced physical fitness, be unable to travel beyond the development itself without difficulty and some of whom will have no means of individual transportation. Such accessory uses and others permitted hereby will, it is likely, diminish the amount of vehicular movement within and to and from such community, thereby promoting its tranquillity and the public health, safety and general welfare. The more stringent requirement of site approval than that required elsewhere and the age and composition of the residents therein give ample assurance that such accessory uses in such specialized residential development community will have no adverse effect upon neighboring properties or land uses and warrant their inclusion as permitted accessory uses and sufficiently distinguish such community from other residentially zoned districts.

One-family dwellings.

Two-family dwellings.

Row houses and multifamily dwellings.

Accessory uses, structures or facilities for:

All dwelling units and accessory units shall be occupied or used solely by:

The prohibition listed in this section shall not preclude the occupying of these premises by persons under 55 years of age, provided that the presence of such persons is required for the physical care or support of a persons listed in Subsection E(1) or (2) (namely, a nurse, practical nurse, resident companion or inservant).

All of said persons listed in this section shall be residents of the age-oriented community.

The maximum number of dwelling units within a site shall be computed in accordance with the following site area per type of dwelling unit, averaged over the entire site:

In determining the number of rooms in each living unit for the purpose of computing the required site area for each said living unit, any floor space completely enclosed, except for doorways, by walls having a height from the floor of four feet or more shall be counted as a separate room. However, a bathroom, toilet room, vestibule or similar small passage or storage area or a cooking space having an area less than 75 square feet shall not be counted as a separate room.

Have a total frontage of not less than 300 feet on a state or county highway or a Town highway, if approved by the Planning Board as adequate for the estimated traffic requirements of the particular project.

Have a total area of not less than 15 acres. Land separated by a road, easement, right-of-way or publicly owned lands, with a width of not more than 60 feet, may be counted as part of a site in computing said minimum area. Land within any existing or proposed public road shall not be counted as part of the site area.

Be held and maintained in single or common ownership, except that any section thereof containing a minimum of 15 acres may be held and maintained in single or common ownership different from that of any or all other sections containing such minimum of 15 acres.

The maximum length of buildings shall be in accordance with the following:

The maximum height of any building shall not exceed 35 feet.

No row of row houses shall consist of more than six dwellings.

The minimum usable floor area of each living unit in a one- or two-family dwelling shall not be less than 750 square feet and in a row house or multiple dwelling, not less than 500 square feet.

All accessory buildings or structures shall be appropriate in location, nature, number and size to the location, nature, number and size of residence buildings within the site or adjoining sites. Small retail and personal service shops, as permitted, may be located in one or more multiple-dwelling buildings, provided that the aggregate amount of floor space of all such shops upon a site shall not exceed a sum equal to 1,000 square feet for each five acres of land within the site. For each proposed dwelling unit, there shall be a minimum of 40 square feet of floor space constructed for accessory uses, as set forth in § 300-124D. Of the required minimum accessory floor space, not more than 1/2 of such space may be composed of private garage space, and such required minimum accessory floor space may be reduced by a sum equal to 1/3 of the area of the outdoor accessory recreational facilities provided.

All buildings shall conform to the following minimum setbacks:

All buildings shall conform to the following minimum distance between buildings:

Not less than 10% of the aggregate floor area of all residence buildings proposed to be erected upon each site, as defined herein, shall be in one-story buildings, and not less than 1/3 of all such one-story buildings shall be wholly detached one- or two-family dwellings.

Maximum building coverage of all buildings on any site shall not exceed 20%.

Usable open spaces for recreational or other outdoor living uses, appropriate in location, nature and size to the type of residential development and the prospective density thereof, and having characteristics which made such open spaces usable for the designated purposes shall be provided and designated on the site plan. For each row house or multiple dwelling, such outdoor space or spaces shall be located generally adjacent thereto and shall, in their aggregate, have a minimum area of 300 square feet per living unit. For each one-family or two-family dwelling, such outdoor space or spaces shall be located directly adjacent to each dwelling and shall have a minimum area of 1,000 square feet per living unit and shall be for the exclusive use of the occupants of such living unit.

In addition to required adjacent open spaces, there shall be provided elsewhere within the site other recreation or open space which in its aggregate shall not be less than 25% of the total area of the site. In computing such nonadjacent recreation or open space, credit may be given for the area of improved outdoor recreation facilities shown on the site plan; provided, however, that no more than 2/3 of any such recreation space devoted to a single recreation use shall be included in the computation of such minimum required open space.

Landscape planting shall be shown for the areas around and between all buildings, around the perimeter of and within parking areas and along streets and driveways. Pedestrian site improvements, such as sidewalks, paths, benches and statuary, shall be provided for the use and enjoyment of the residents.

The maximum slope of any sidewalk shall not exceed 5%. Where steps are used, there shall not be more than 10 steps in a single run. In all cases where there are more than four steps in a run, approved-type handrails shall be provided on both sides. Medium-height sidewalk lighting standards shall be provided along all sidewalks at intervals of not less than 75 feet, unless adequately illuminated by streetlighting or other light sources.

The site or tract upon which the proposed retirement village development is to be located, with boundaries, courses and distances and total land area and with contours shown at intervals not greater than five feet.

The relation of such site or tract to existing abutting streets or highways, rights-of-way, general easements and to those within 500 feet thereof.

Land uses of adjoining lands within 500 feet from each boundary of the proposed site.

The areas within the site upon which structures are proposed to be located, the height and spacing of buildings, including any existing buildings or structures to be retained, open spaces and their landscaping, off-street open and enclosed parking areas, general utility or drainage easements, existing trees having a diameter of eight inches or more and the location of groups of trees containing five or more trees of such diameter and all other natural physical features existing or intended to be placed therein, including those set forth in §§ 300-128 through 300-133 above.

Such other information relative to the proposed plan as may be required by the Town Board or Planning Board in its review of said plan.

Within 10 days after the application and proposed site plan shall have been filed, the Planning Board shall refer such application to the Advisory Board on Architecture and Community Appearance (ABACA) of the Town of Yorktown for review and report. ABACA shall review the proposed site plan with respect to the items and time period set forth in the ordinance establishing such Board and shall transmit to the Planning Board a copy of any report thereon for the Planning Board's consideration as part of its review. The Planning Board shall study the application and all accompanying information and consult with other agencies of government as appropriate in the case to determine the general acceptability of the proposed site plan. In the course of such preliminary considerations, the Planning Board may request, and the applicant shall supply, additional material needed to make specific determinations. Following such study, the Planning Board or its staff shall hold a conference or conferences with the applicant to discuss desirable changes in the first or succeeding drafts of the proposed site plan.

Thereafter, the Planning Board shall give at least 10 days' notice of public hearing upon said proposed site plan and upon the proposed changes to the Official Map of the Town. Where approval of any department, board, bureau or officer of the County of Westchester or the State of New York is required for any aspect of the proposed development or by reason of any part of the design thereof or any provision with respect to streets, highways, drainways or sanitation, then, and in that event, prior to final review and action by the Board on the proposed site plan, approval by such department, board, bureau or officer above referred to shall be endorsed upon a copy of such site plan or otherwise satisfactorily evidenced or, in the alternative, conditional approval may be given.

A declaration of covenants running with the land and binding upon the heirs, administrators, executors, successors and assigns of the applicant which shall be included in every conveyance from the applicant, whether by deed, lease or otherwise, in recordable form, satisfactory as to form and content to the Planning Board and Town Board, covenanting that the property shall be held, sold, conveyed, transferred, occupied and improved only and strictly in accordance with the and provisions of a certain ordinance enacted by the Town Board of the Town of Yorktown on the 20th day of April 1965, which ordinance created a zoning district known as "RSP-1," and any amendments or modifications thereto, and further covenanting that any owner or owners of the property shall accept title thereto subject to all covenants, restrictions, easements and conditions set forth in said ordinance, and that if any owner or person claiming title under or through said owner shall at any time violate or attempt to violate or shall omit to perform or observe any of the covenants, restrictions, easements and conditions of the declaration, it shall be lawful and proper for the Town of Yorktown, the developer or any other owner of the property which is subject to the same covenants, restrictions, easements and conditions in which the breach or default is made to institute and prosecute appropriate proceedings at law or in equity concerning the wrong done or attempted. Nothing in this section or in any other provision of this Zoning Ordinance is intended to, or shall be construed to, give the Planning Board the authority or the power to apply or remove the RSP-1 or any other zoning designation or classification to any area, district, zone, lot or parcel of land within the Town of Yorktown.

A declaration of covenants running with the land and binding upon the heirs, administrators, executors, successors and assigns of the applicant, in favor of the Town, satisfactory as to form and content to the Planning Board and Town Board, covenanting that all open space upon the site required by this chapter shall permanently remain open space and shall not be developed in any manner or degree or by any means, except as said covenant may be released or modified by the Town.

An easement running with the land conferring upon the Town the right and privilege to enter upon the site for the purpose of constructing, maintaining or repairing roads, sewerage or drainage lines, water, gas and electric lines and other public utilities or to do any acts reasonably required in the public interest to preserve and protect the public health, safety or general welfare.

An easement running with the land in favor of the Town over all lands adjacent to and within 100 feet of existing major streams, for the purpose of access thereon and such stream control, clearance or other work as may be necessary in connection therewith and the construction of pedestrian ways or general utility lines over the same as may be necessary or expedient for the use of said ways or lines. An easement, as may be required by the Town, for future drainage or utility lines within or across the property and necessary for the future connection with or between existing public lines.

A performance bond sufficient in amount as determined by the Planning Board to cover the full cost of installation of all roads and improvements, private accessways, parking areas, sidewalks, on-site water mains or on-site sanitary sewers and on-site storm sewers, all in accordance with the standards, specifications and procedures provided for herein, as estimated by appropriate Town departments and approved by the Town Board. In the event that the owner shall be authorized to develop the project in sections, approval may be granted upon the installation of the required improvements in the section or sections designated as the first to be constructed or upon filing of a performance bond to cover the cost of the above-named improvements, but in any other section, the owner shall not be permitted to commence construction of buildings until the required work has been completed in such other section or a sufficient performance bond has been furnished to cover the cost of such improvements. Such performance bond shall be issued either by a bonding or surety company approved by the Board or by the owner with security acceptable to the Town Board as to form, sufficiency and manner of execution. Such performance bond shall run for a term to be fixed by the Town Board, but in no case for a longer term than three years; provided, however, that the term of such performance bond may be extended by the Town Board with the consent of the parties thereto.

In reviewing and passing upon the proposed site plan, the Planning Board shall take into consideration its conformity with the minimum requirements hereinabove set forth; the purposes for which such district was created; the arrangement of the buildings and uses with respect to compatibility, light, air and other amenities; the compatibility of the proposed buildings, structures, recreational areas, utility areas, off-street parking facilities and accessory uses to adjoining properties and land uses; the topography and physical character and existing natural growth of the land in relation to the use intended to be made thereof; the character of the land in relation to its suitability for building purposes without danger to health or peril from fire, flood or other menace; and the provision of fences, walls and landscaping, all in the furtherance of the purposes of this chapter.

In reviewing and passing upon the proposed site plan, the Planning Board may vary the provisions of § 300-127A through D and F through H upon findings by the Board that the site plan submitted, including the architectural treatment of the building, building location, parking layout, provisions for developed usable open space, parking egress and ingress and appurtenant facilities as shown on the plan, will achieve a development that is consistent with the Town Development Plan and harmonious with the existing and proposed development in the surrounding area.

A permit for a specialized residential development granted under the provisions hereof shall automatically lapse if substantial construction, in accordance with the plans for which such permit was granted, has not been completed within two years from the date of granting such permit or, if appeals to the Board of Appeals or to a court shall be instituted to review the grant of such permit or any order of the Board of Appeals with relation thereto, from the date of entry of the final order in such proceedings, including all appeals.

The applicant may apply for a permit or permits relating to one or more buildings at any time; provided, however, that a permit for the construction of at least one main building shall be applied for in each year until all of the buildings contemplated to be erected, as shown on the approved site plan, shall have been so constructed. The Board of Appeals shall have the power to extend the time for application for a building permit, as above set forth, or for completion of a structure, in the case of practical difficulty or undue hardship.