[Amended 1-19-2016 by L.L. No. 2-2016]
The R-2 Attached/Detached Single-Family Residential
District allows for the development of single-family attached and
detached residential dwellings, including townhouses and patio home
configurations. The following shall apply to all R-2 Districts in
the Town.
NOTE: Local Law No. 2 of 2016 amended Article X of Chapter 407 by, among other things, deleting "duplex" as a principal use in R-2 zones and amending the building standards regarding the number of units in a single contiguous structure in R-2 zones. That local law did not affect the legal status of any existing duplex and/or townhome over four units. Similarly, that local law did not affect the status of any existing duplex and/or townhome over four units per building as a legal nonconforming use and structure.
The following are principal uses:
The following are the accessory uses, buildings
and structures permitted in the district, provided that such accessory
uses and buildings are not constructed until the main building has
been constructed:
A.
Residential developments shall comply with the Town subdivision provisions (Town Code Chapter 327).
B.
All accessory uses and structures allowed in the R-1E
District.
C.
Off-street parking areas for storage of private vehicles
in connection with occupants of residential structures.
D.
Structures required for the exclusive and customary
maintenance of the primary permitted use.
E.
Indoor and outdoor recreation facilities for the exclusive
use of the residents of the primary permitted use. Such accessory
uses shall be operated on a not-for-profit basis, and shall not be
rented out or used by nonresidents, except incidental use by guests
of residents.
F.
Recreational facilities such as open or enclosed tennis
courts, exercise facilities, picnic areas, gazebos or swimming pools.
G.
One structure to house maintenance shops and vehicles
to be used exclusively for the maintenance and management of the single-family
attached dwelling unit development.
H.
Common space for the exclusive use and convenience
of residents of the single-family attached dwelling development and
their guests to park vehicles. Such common space shall be adequately
landscaped and buffered so as to screen the site from adjacent areas
and uses.
The following are special permitted uses subject to the provisions of Article XXV:
A.
Home occupations.
All development in the R-2 District shall adhere
to the following:
A.
Residential developments shall comply with the Town subdivision or site plan provisions (Town Code Chapter 327).
B.
Each dwelling unit shall be located, constructed and
served by public facilities, services and utilities in such a fashion
that each dwelling unit may be sold individually.
[Amended 1-19-2016 by L.L. No. 2-2016]
C.
Plans submitted for single-family attached dwelling
developments shall identify areas for dedication to the Town, areas
to be held in common ownership, and/or property to be owned by individuals.
D.
Common property, except when accepted by the Town
Board for dedication to the Town, shall be privately owned. Where
property is to remain in common ownership, the applicant shall provide
for and establish an organization for the ownership and maintenance
of such common property including sanitary sewers, water mains, storm
drainage systems, roadways, and other improvements constructed on
common or jointly held property. Rules and regulations proposed to
govern the operation and maintenance of all common property shall
be submitted for review and approval by the Planning Board and shall
comply with the applicable requirements of the New York State Attorney
General's office.
E.
Common property shall not be changed from its status
or use as common property without specific authorization by resolution
of the Town Board. In reviewing proposals for the establishment or
organizations to govern the ownership and maintenance of any common
property, the Town Board shall among other factors consider and determine
the adequacy of:
(1)
The timetable for creation of the organization.
(2)
The resident requirements for membership in the organization.
(3)
The safeguards to ensure the continuance of the common
property as common property.
(4)
The liability of the organization for insurance, taxes,
and maintenance of all facilities.
(5)
The provisions of pro rata sharing of costs and assessments.
(6)
The financial capacity of the organization to maintain
and administer common facilities.
(7)
The proposed relationship between the developer and
the organization and the plan to turn over the responsibility for
the maintenance and administration of common facilities to the organization.
(8)
If the organization becomes defunct or fails to carry
out its responsibilities as defined in these regulations, then each
landowner within the project area will be held both individually and
collectively responsible for all actions and responsibilities listed
herein as being the responsibility of the homeowners' association.
F.
Approval of provisions governing construction, operation,
and maintenance of a single-family attached residential development
will be based on local considerations and subordinate to actions of
the New York State Attorney General.
G.
The standards of design and construction for private
streets and utilities shall meet applicable Town specifications for
public streets. All privately owned public improvements, such as waterlines,
sanitary sewers, storm sewers, and pavement with curbs are to be constructed,
tested, and maintained in accordance with Town standards. With the
exception of the water main, the utilities and roadway will remain
in private ownership and be maintained through the landlord or homeowners'
association. The water main shall be constructed in an easement to
the Town, and the homeowners' association shall enter into an agreement
with the Town for maintenance.
H.
All sanitary sewers, storm sewers, and waterlines
shall be located adjacent to the pavement where practically possible
to allow for access for maintenance. All utility lines which provide
electric, gas, telephone, television or other similar services shall
be installed underground. Surface-mounted equipment shall be located
in a manner so as to minimize visual impact and potential conflict
with other uses and activities.
I.
The developer shall employ a professional engineer
to certify to the Town Engineer that all public improvements have
been constructed in accordance with Town specifications. Nothing in
this subsection shall relieve the developer of responsibility for
obtaining a public improvement permit.
J.
Natural features including streams, drainageways,
and existing trees, shall be preserved and incorporated in the landscaping
of the development to the fullest extent practical.
K.
The Town Board may require a staging plan as part
of the site plan application for any project with a construction period
of two years or more. The staging plan shall be clearly identified
on documents submitted with the site plan application and shall contain
the area of the development in each phase, dates anticipated for the
start and completion of project activities and various phases. The
proposed staging plan shall be a part of the site plan application.
The Town Board may approve a request for staging, provided that the
applicant can demonstrate that such staged single-family attached
dwelling unit development shall:
(1)
Enable each single-family attached dwelling unit to
be completed and ready for occupancy prior to the start of development
of the next phase.
(2)
Not effect the residents' use and enjoyment of each
dwelling unit or any open space.
(3)
Not necessitate development activity (such as utility
extensions, construction vehicles, etc.) that would interfere with
developed single-family attached dwelling unit clusters.
(4)
Not require more than 24 months to complete all development
activities on any site of five aces or less.
L.
Because the R-2 District presents a transition between higher and
lower densities, or with nonresidential districts, appropriate buffers
may be required between the R-2 District and adjoining districts,
greater or different in nature than those minimum buffers required
by this chapter. The Planning Board shall consider and the Town Board
may adopt buffers as appropriate to each subdivision or site plan,
based on the terrain, existing developments and uses, and the proposed
development and use. Said buffers may be composed of greenspace, vegetated
areas, fences, berms or other forms as the Boards see fit.
[Added 1-19-2016 by L.L.
No. 2-2016]
M.
Given the goals of the R-2 District and the benefits of increased
open space, reduced infrastructure, and the potential preservation
of environmentally sensitive areas and other unique characteristics
of the parcel of land being developed, applicants for subdivisions
and the Planning Board shall consider a cluster subdivision alternative
for each proposed subdivision in the R-2 Zone.
[Added 1-19-2016 by L.L.
No. 2-2016]
Development in the R-2 District should adhere
to the following building standards, but deviations approved in a
site plan do not require a variance.
A.
No more than four dwelling units shall be included
in a single contiguous structure.
[Amended 1-19-2016 by L.L. No. 2-2016]
B.
The roofline of each continuous structure will be
varied at least once for each two dwelling units.
C.
No building shall exceed a maximum length of 160 feet
measured along the exterior facade of each unit within the structure.
Minimum distance between buildings shall be 60 feet.
D.
Single-family attached dwelling unit buildings shall
be related to one another in design, building mass, materials, and
placement to provide a visually and physically integrated development.
E.
All units shall have an architectural design and be
constructed of materials of a type and quality so as to fit in with
and be complimentary to the surrounding neighborhood as determined
by the Architectural Review Advisory Board.[1]
F.
The treatment of the sides and rear facades of all
buildings in a development shall be comparable in amenity and appearance
to the treatment of any building facade which faces a public street
and complimentary in architectural design to adjacent residential
structures.
G.
Building walls shall be orientated so as to ensure
adequate exposure of light and air to each dwelling unit and to the
rooms within.
H.
Buildings shall be arranged so as to preserve visual
and audible privacy between each dwelling unit and adjacent buildings.
I.
Building entranceways of adjacent dwelling units in
the same structure shall be designed to ensure privacy of occupants
by varying the setbacks of entranceways or by providing screening
or landscaped plantings, as appropriate.
J.
Building entranceways shall be provided with appropriate
illumination for the convenience and safety of residents. Such lighting
shall be shielded to avoid glare on adjacent properties and dwellings.
K.
All dwelling units shall include ground floor living
space. The location of an enclosed garage shall not qualify as meeting
this requirement.
L.
All fencing of common areas shall be shown on the
site plan and comply with this code.
