TOWN OF WARWICK
ADOPTED LOCAL LAW NO. 8 OF 2023
A LOCAL LAW TO AMEND THE ZONING LAW
BE IT ENACTED by the Town Board of the Town of Warwick, County of Orange,
State of New York, as follows:
Section 1. Title.
This Local Law shall be known and may be cited as the Senior Housing Floating Zone and minor modifications Local Law.
Section 2. Legislative Purpose.
The Town Board of Warwick finds that there exists a need for modest multifamily senior housing, appropriately located within the Town of Warwick. The Town Board finds that the Petitioner’s (M G F Corp.) lot on the east side of Sanfordville Road approximately 1,500 feet north of Route 94 is appropriately located for the establishment of a Senior Housing District of up to 95 dwelling units adhering to the requirements of §164-49.2 of the Town of Warwick Code. This petition is consistent with the Town’s Comprehensive Plan section 3.3 B (2). In addition, several minor clarifications in the code are proposed to clarify definitions and to create a new use Cannabis Microbusiness that NYS legislation has created so it may be managed in the best interests of the residents.
Section 3. Enabling Authority
The adoption of this Local Law is in accordance with Section 10 of the New York
Municipal Home Rule Law.
Section 4. Amendment of Zoning Text Governing Density in Senior Housing Districts.
Section 164-49.1 E (Senior Housing Districts – Density) which currently reads as follows:
E. Density. The maximum number of dwelling units per acre (gross density) shall not
exceed the number of dwelling units that would otherwise be permitted in the existing residential zoning district, except as provided for in § 261-b of the Town Law or as described below. In designating an SH District, the Town Board shall first determine that there will be no significant environmentally damaging consequences and that any increase in density is compatible with the development otherwise permitted.
(1) A density bonus shall be granted to senior housing developments meeting all of the requirements of this section. In granting the density bonus, a multiplier of five times the number of allowable building lots that could be obtained in a conventional layout shall be used to compute density. The conventional layout shall be based on the allowable density of the existing zoning district and shall exclude easements, roads and streets, slopes of 25% and greater, water bodies, floodplains, wetlands or other significant natural and cultural features identified on the site.
(2) An additional density bonus may be granted, subject to all provisions of § 261-b of the Town Law, if the Town Board determines that the applicant has provided additional community benefits, such an affordable senior housing or another suitable amenity.
Is hereby amended to read as follows:
E. Density. In designating an SH District, the Town Board shall first determine that there will be no significant environmentally damaging consequences and that any increase in density is compatible with the development otherwise permitted. The maximum number of dwelling units per acre (gross density) permitted in an SH District shall not exceed five times the number of dwellings that would otherwise, be permitted in a single-family detached residential subdivision.
(1) To determine the number of dwelling units permitted by the underlying zoning, a
conventional layout yield subdivision map shall be provided conforming to all requirements of the underlying zoning district but excluding easements, roads and streets, slopes of 25% and greater, water bodies, floodplains, wetlands or other significant natural and cultural features identified on the site from the minimum lot area calculations.
(2) Where the underlying zoning does not permit single-family detached dwellings, the minimum lot area and bulk requirements for purposes of laying out the yield subdivision map shall utilize the full density bonus (four options density) lot area per dwelling unit allowed for cluster subdivisions as described in §164-41.1 D (2)(e)[7] and located in the Suburban Residential Low-Density (SL) District.
(3) An additional density bonus may be granted, subject to all provisions of § 261-b of the Town Law, if the Town Board determines that the applicant has provided additional community benefits, such an affordable senior housing or another suitable amenity.
Section 5. Zoning Map Designation of SH District Zoning for the Sanfordville Road Site
The Town of Warwick Zoning Map is hereby amended to designate the lot identified on the Town of Warwick Tax Map as Section 51, Block 1, Lot 1 as a Senior Housing District.
Section 8. Minor Modifications- Definitions In section 164-22 Definitions replace
TRANSPORTATION TERMINAL with TRANSPORTATION FACILITY Add CANNABIS MICROBUSINESS – A small scale cultivation licensed operation as defined in Chapter II of Subtitle B of Title 9 of the Official Compilation of Codes, Rules, and Regulations of the State of New York section 123.12 as authorized by the NYS Cannabis Law except no retail sales may be conducted on the premise.
Section 9. Minor Modifications- Special Conditions
In Special Condition (152) (a) delete “shall consist of a single story” in the first sentence.
Section 10. Minor Modifications- Table of Uses.
Replace use 15 and insert new use 22 as follows:
Section 11. Repeal, Amendment, and Supersession of Other Laws.
All other Resolutions, Ordinances or Local Laws of the Town of Warwick which conflict
with the provisions of this Local Law are here by superseded or repealed to the extent
necessary to give this Local Law force and effect.
Section 12. Severability.
If any section, part or provision of this Local Law or the application there of to any person, property or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the section, part, provision, or application directly and expressly adjudged invalid and shall not affect or impair the validity of the remainder of this local law or the application thereof.
Section 13. Effective Date.
This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the New York Municipal Home Rule Law.