[Added 3-14-2002 by L.L. No. 3-2002]
[Amended 4-5-2011 by L.L. No. 3-2011]
In a Senior Citizen Housing District, the following
regulations shall apply.
As used in this article, the following terms
shall have the meanings set forth herein:
A centralized board of managers or directors, or similar
body, to which each owner of a dwelling unit is by law or by covenants
and restrictions, running with the land, which serves as the rule-making
body of the cluster development, which is responsible for the construction,
maintenance, cleaning, snow removal, and repair of all of the streets,
curbs, sidewalks, and other common area and common facilities provided
within the site, and which each owner of a dwelling unit is required
to financially support and obey.
A development for cluster housing for elderly persons as
provided for in this article.
A complex of cluster single-family dwellings in detached,
semidetached, or attached structures, which provides for ownership
pursuant to a condominium plan, cooperative plan, homeowners' association,
or similar legal entity, with a Board of Directors, and which provides
housing intended for, and solely occupied by, persons 55 years of
age or older and the spouse of any such person.
[Amended 4-5-2011 by L.L. No. 3-2011]
A residential unit for a single family.
A person 62 years of age or older.
Housing intended for, and solely occupied by, persons 55
years of age or older and the spouse of any such person.
[Amended 4-5-2011 by L.L. No. 3-2011]
The area which comprises the entire cluster development.
No building may be erected, altered or used
and no lot or premises may be used except for one or more of the following
purposes:
A.
Cluster housing for elderly persons.
B.
Customary accessory facilities for housing for elderly
persons, such as parks, clubhouses, recreational facilities, meeting
houses, garages, walking trails, ponds, guard houses, library, property
management office, and health clinics when such facilities are either
contained within a building which qualifies as housing for elderly
persons, or are part of the complex and ownership of a condominium,
cooperative, homeowners association, or similar legal entity, which
qualifies as housing for elderly persons, and the use of such accessory
facilities is limited to the elderly persons occupying such facilities.
The minimum area for a site shall be 15 acres
of continuous property, not divided by any public streets.
The density of occupancy of any cluster development
shall not exceed eight single-family dwelling units per acre, and
the building area of all buildings on the site shall not exceed more
than 27% of the total area of the site.
No building shall exceed 2 1/2 stories or 31
feet in height.
No single-family dwelling unit shall be erected
unless it has a habitable floor area of not less than 900 square feet
nor more than 2,500 square feet.
Each building shall have a minimum front yard
depth of nine feet on all adjoining interior streets. No building
shall be adjacent to, nor face upon a public street.
Each building shall have a minimum rear yard
of 20 feet.
Each building shall have a minimum side yard
of 10 feet.
There shall be a minimum distance between buildings
of 20 feet.
No building shall exceed 165 feet in length.
No cellar or basement space shall be occupied
as living or sleeping quarters.
There shall be provided not less than one designated
parking space for each dwelling unit. Each such parking space shall
be designated for a particular dwelling unit and ownership of such
parking space shall only be transferable together with the ownership
of such dwelling unit.
Excluding all of the designated parking spaces,
there shall be provided on the site not less than 0.25 off-street
parking spaces per unit to accommodate occupants and guests. All such
parking shall be restricted to the parking of private or passenger
cars. No commercial vehicles shall be parked on the site unless they
are then being used to make deliveries to the occupants or to deliver
to or service the buildings on the site, or to otherwise maintain
the site.
All parking spaces, whether within an enclosed
garage or open, shall be not less than nine feet wide by 18 feet in
depth, and if not within an enclosed garage, shall be individually
identified by pavement markings and shall provide such space as is
reasonably necessary for adequate ingress, egress, and turning.
The owners of the dwelling units within the
site shall at all times be responsible for the construction, maintenance,
cleaning, snow removal, and repair of all of the streets, curbs, and
sidewalks provided within the site, at no cost to the Village. In
the event that the owners of the dwelling units fail to construct,
maintain, clean, remove snow, and/or repair of all of the streets,
curbs, and sidewalks provided within the site, the Village shall have
the right, but not the obligation, to enter upon such streets and
sidewalks, to perform such construction, maintenance, cleaning, snow
removal, and repair, as may be necessary in the Village's sole discretion,
to assure the safe passage thereover, and to levy special assessments
against all of the dwelling units within the site, on an assessed
valuation basis, to reimburse itself for its costs and expenses in
providing such passage, whether the Village uses its own personnel
or enters into a contract for such work. Such assessments shall constitute
a lien and charge on the real property against which it is levied
until paid or otherwise satisfied and discharged, and such assessment
shall be collected by the Village Treasurer in the manner provided
by the law for collection of delinquent taxes.
No less than 10% of the site shall be forever
dedicated to park and recreation land for the occupants of the dwellings.
No lighting shall be installed on the site that
shall direct any light onto any adjacent residential premises.
The site shall be substantially screened in
such a manner that, at the first floor of any adjacent residential
property, neither the swimming pools, the tennis courts, not the first
floor of any of the buildings or other structures on the site, shall
be visible.
Prior to the commencement of any work pursuant
to this article, the applicant shall file, with the Village Clerk,
labor, material, and performance bonds, in such amounts and in such
forms as shall be approved by the Village Building Inspector and the
Village Attorney respectively, to insure the completion of all roads,
sidewalks, stormwater drainage, sanitary sewage transmission and disposal,
electricity, gas, lights, and telephone services, and equipment and
other utilities and all recreation areas, parks, swimming pools, tennis
courts, and other amenities, as set forth in the plan for the site,
within three years from the issuance of said bonds, together with
an easement, in such form as shall be approved by the Village Attorney,
granting permission to the Village to enter upon the site to complete
such work. The said three-year period may be extended by resolution
of the Board of Trustees with the consent of the surety that issued
the bond.
