It is the purpose and intent of this article
to permit, where appropriate, the construction and development of
townhouses (as herein defined) so as to provide a variety of housing
types, encourage innovation in design and development, conserve open
space ancillary to said dwellings and protect areas which have or
may be partially developed by townhouses from incompatible uses. At
the same time the Town does not desire such a large-scale development
of such units to the extent that large areas of the Town become so
devoted to such use that single-family residences would appear out
of place. Accordingly, areas shall be zoned as a TH District only
upon application for a specific proposal.
As used in this article, the following terms
shall have the meanings indicated:
TOWNHOUSE DWELLING UNIT
A dwelling unit which is part of a townhouse cluster designed
and occupied as a residence for one family only.
TOWNHOUSE OR ROWHOUSE CLUSTER
A group of not less than three nor more than six dwelling
units attached to each other by at least one party wall. The terms
"townhouse cluster" and "rowhouse cluster" shall have the same meaning
and may be used interchangeably when used in the language of this
article.
TOWNHOUSE OR ROWHOUSE DEVELOPMENT
Two or more townhouse clusters with streets, parking areas,
sidewalks, common areas and open spaces, which may include recreational
and social facilities intended principally for the use of the residents
of the development, whether managed as a single and common operating
unit or in cooperative form or, if the dwelling units are sold and
conveyed in fee, managed by or through a homeowners' association,
trust or other appropriate arrangement for the maintenance and conservation
of the streets, parking areas, sidewalks, common areas, open space
and facilities.
Townhouse clusters and developments shall be
limited to and permitted in those areas which are now or may hereafter
be zoned by the Town Board of the Town of Gates as a Townhouse Residence
District in accordance with the normal rezoning procedures. The Town
Board shall consider the general criteria set forth in this article
the most current Comprehensive Plan for the Town, and the statement
of purpose set forth in this article.
The following uses are permitted in a TH District:
A. Townhouse clusters and developments.
B. Single-family dwellings which conform to R-1-11 standards as set forth in Article
XIX.
C. Private garages attached or detached for the use of
the occupants of the dwelling units.
D. Maintenance buildings for the development.
E. Parks, playgrounds, play areas and other recreational
areas, including structural facilities incidental to such areas, such
as rest rooms, bathhouses and clubhouses, which facilities are intended
principally for the use of the residents of the development and their
guests.
Where a proposed townhouse development plan substantially meets the purpose and objectives of the TH District, the Planning Board is hereby authorized to vary the following dimensional requirements: §
190-111C(3),
D(1),
D(2) and
D(3) and
G(1).
All open spaces and/or community facilities
which are a part of a townhouse development shall be attractively
and regularly maintained. In order to effectively ensure such maintenance,
the applicant for the approval of a townhouse development shall submit
to the Planning Board for its review and approval a proposed written
plan which, when finalized, shall be recorded in the Monroe County
Clerk's office. Such plan shall detail provisions as to the ownership
of such areas and facilities, rights and responsibilities of the residents
thereto, method of assessing dues, if any, and means of enforcement.
The project commonly known as "Hidden Valley," located on the west side of Pixley Road, having heretofore received either final or preliminary approval for its overall development shall not be subject to the dimensional requirements specified in §
190-111 of this article and may continue to be developed in accordance with prior approvals.