The provisions of this chapter shall be subject to such exceptions,
additions or modifications as herein provided by the following supplementary
regulations.
A.
Any use of any building or premises in such a manner that the health,
safety or welfare of the community may be endangered is prohibited.
B.
In any district, the following standards for activities shall apply:
(1)
No offensive or objectionable noise, vibration, odor or glare shall
be noticeable at or beyond the property line.
(2)
No activity shall create a physical hazard by reason of fire, explosion,
radiation or other such cause to persons or property in the same or
adjacent districts.
(3)
There shall be no storage of any material either indoors or outdoors
in such a manner that it facilitates the breeding of vermin or endangers
health in any way.
(4)
The emission of smoke, fly ash or dust which can cause damage to
the health of persons, animals, plant life or to other forms of property
shall be prohibited.
(5)
Any use or activity which violates any state or federal pollution
control law or regulation shall be prohibited.
C.
[1]Cannabis businesses.
[Added 12-18-2023 by L.L. No. 5-2023]
(1)
State
licensure required. No cannabis business shall operate in the Village
of Bath absent appropriate state licensures.
(2)
No
cannabis business shall operate in the Village of Bath in any district
unless a special permit has been issued for it to operate in either:
(a)
An Adult Entertainment District; or
(b)
Any parcel of one acre or more that i) has at least 150 feet of street
frontage on the north side of West Morris Street in one contiguous
area; ii) is located between Crane Street on the west and Pine Street
on the east; and iii) is also either within the General Commercial
District or in another district within that geographical location
that has historically been a retail location.
[1]
Editor's Note: Former Subsection C, Cannabis businesses, added 8-21-2023 by L.L. No. 3-2023, was repealed 12-18-2023 by L.L. No. 4-2023.
On a corner lot in any residential district, nothing shall be
erected, placed, planted or allowed to grow in such a manner as to
materially impede vision between a height of 2 1/2 feet and 10
feet above the center-line grades of the intersecting streets in the
area bounded by the street lines of such corner lots and a line joining
points along said street lines 50 feet from the point of intersection.
Where a lot extends through from street to street, the applicable
front yard regulations shall apply on both street frontages.
Whenever a side or rear yard is adjacent to a street, the standards
for front yards shall apply.
Height regulations shall not apply to flagpoles, radio or television
antennas, spires, cupolas, water tanks, chimneys, elevator or stair
bulkheads or similar appurtenances not intended for human occupancy
nor to silos or agricultural buildings where permitted.
In any district, more than one structure housing a permitted
principal use may be erected on a single lot, provided that lot area,
yard and other requirements of this chapter shall be met for each
structure as though it were on an individual lot.
No person shall undertake to construct any new building or structure
in the Village of Bath without first meeting the requirements for
a system or facilities for the separate disposal of waterborne sewage
and domestic or trade wastes in accordance with applicable regulations
of the Village, the State Department of Health and other governmental
authorities.
A.
Where home occupations are permitted by this chapter, the following
conditions shall be mandatory:
(1)
A home occupation shall be an accessory use of a service character
that is carried on wholly within a dwelling unit or a building or
other structure accessory to a dwelling unit.
(2)
A home occupation shall be carried on only by a member of the family
residing in the dwelling unit.
(3)
A home occupation shall be clearly incidental and secondary to the
residential use of the dwelling unit.
(4)
Home occupations do not include professional offices as defined herein.
B.
It shall also conform to the following additional conditions:
(1)
No such occupation shall involve sales of goods or merchandise except
as incidental to services provided.
(2)
There shall be no exterior display, no exterior sign (except one
sign not exceeding two square feet in area), no exterior storage of
materials and no other exterior indication of the home occupation
or variation from the residential character of the principal building.
(3)
No equipment or process shall be used which creates visual or audible
interferences in any radio or television receivers off the premises
or causes fluctuations in line voltage off the premises.
(4)
No traffic shall be generated by such home occupations in substantially
greater volume than is normal in the neighborhood, and any need for
parking generated by such occupation shall be provided off the street
and shall not encroach on any required yard.
(5)
No such occupation shall involve the hiring of employees.
[Amended 11-21-2016 by L.L. No. 8-2016]
A.
In any district, fences, walls and hedges are permitted with a zoning
permit only as follows:
(1)
In any required front yard, no fence, wall or hedge shall be erected,
placed, planted or allowed to grow in such a manner as to materially
impede vision across such yard between a height of 2 1/2 feet
and 10 feet, nor in any manner that materially shuts out air, light
or sun between such heights.
(2)
In side or rear yards, fences, walls or hedges which materially obscure
vision or shut out light, sun or air may not be over six feet in height.
(3)
These restrictions shall not apply to retaining walls.
(4)
Fences, walls and hedges existing at the date of enactment of this
chapter will be required to be brought into full compliance with this
chapter within one year from the effective date thereof.
B.
Construction materials and maintenance specifications shall be as
follows:
(1)
Fences shall be constructed of wood or PVC permanent fencing material.
(2)
Chain link fencing material may be used with the finished side at
the top of the fence.
(3)
Masonry or stone wall or fencing material may be used.
(4)
Materials such as barbwire, sheet metal, razor wire, page wire, poultry
fence, pallets, livestock or cattle fence are prohibited.
(5)
Posts shall be placed close enough apart and deep enough in the ground
so that a sturdy permanent fence results.
(6)
No temporary fences are allowed.
(7)
Fences and walls shall be maintained in a well-kept fashion.
C.
A building permit is required for fences and walls in all use districts.
[Amended 3-4-1991 by L.L. No. 1-1991]
No large commercial vehicle shall be parked or stored out of
doors in any residential zone. One small commercial vehicle may be
parked or stored out of doors in a residential zone.
[Amended 11-16-1992 by L.L. No. 1-1992]
A.
No major recreational equipment may be parked or stored on any lot
in a residential district except as provided herein.
B.
Parking.
(1)
Parking or storing of one motor home or one travel trailer and one
utility trailer designed for carrying a boat or up to two snowmobiles
or up to two motorcycles shall be permitted, provided that:
(a)
Such equipment is parked behind the structure located on the
lot;
(b)
If there is no access to the area behind the structure, then
such equipment may be parked to the side of the structure so long
as no part of the equipment is closer than 12 feet to any part of
a dwelling located on an adjoining lot; or
(c)
If, because of the size, shape or character of the lot and/or structure it is not possible to comply with the provision of Subsection B(1)(a) or (b) above, then such equipment may be parked in front of the structure so long as no part of the equipment is within 12 feet of a public roadway or a public sidewalk that runs parallel to a roadway.
(2)
Nothing in this section shall prohibit parking or storing of equipment
within a closed garage, shed or barn and which otherwise complies
with all state, federal and local laws.
C.
Except as necessary to prepare a piece of major recreational equipment
for imminent use:
(1)
Such equipment shall not be connected to sewer, water, electric or
telephone services.
(2)
The use of propane, butane, liquefied petroleum gas or other such
fuels in such equipment is prohibited.
(3)
Cooking within such equipment shall not be permitted.
(4)
The use of such equipment as a dwelling is not permitted.
(5)
Aside from those items considered to be a part of major recreational
equipment, storage of goods, materials and other paraphernalia within
the equipment is not permitted.
(6)
Stored or parked recreational equipment must be kept and maintained
in good operating condition.
[Added 3-4-1991 by L.L. No. 1-1991[1]]
A.
A zoning permit is required for the demolition of any permanent structure. Any resulting open basement or other hole shall be filled within three days following demolition. Any open hole shall be fenced and/or barricaded, as necessary, between the time of demolition or excavation and filling. All filling operations shall be in accordance with Subsection B of this section.
B.
A zoning permit is required to fill any existing or created hole, excavation, basement or cellar (such as following demolition of a structure) etc., except when the filling is part of a permitted demolition in accordance with Subsection A of this section. Fill material shall include only gravel, soil or appropriate combinations of these materials. No stumps, construction debris or other objects shall be included. Areas of fill not to be used for immediate construction purposes shall be graded and seeded to produce a permanent vegetative cover.
[1]
Editor's Note: This local law also repealed former § 119-28,
Swimming pools.
The following shall apply to essential services:
A.
Such essential service facilities shall not be located on a residential
street, unless no other site is available, and shall be so located
as to draw a minimum of vehicular traffic to and through such streets.
B.
The location, design and operation of such facilities shall be such
as to not adversely affect the character of the surrounding residential
area.
C.
Fences, barriers and landscaping shall be provided as required by
the Planning Board.
D.
Noise from such installation shall not be of such nature or volume
as to be objectionable to adjoining residences.
In any district where permitted, a gasoline filling station
shall be subject to the following regulations:
A.
The area for use by motor vehicles, except access drives thereto,
as well as any structures, shall not encroach on any required yard
area.
B.
No fuel pump shall be located closer than 20 feet to any side lot
line nor closer than 35 feet to any street line, measured from the
outside edge of the fuel island.
C.
No access drive shall be within 200 feet of and on the same side
of the street as a school, public library, theater, church or any
other public gathering place, park, playground or fire station, unless
a street 50 feet or more wide lies between such service station and
such building or use.
D.
All repair work and storage shall be within a completely enclosed
building. Such repair work shall not include any body repair work
or spray painting or mechanical equipment car wash.
E.
Accessory goods for sale may be displayed on the pump island and
the building island only.
F.
Where a service station abuts a residential zone, it shall be screened
by buffers of evergreen hedge or solid fencing, or a combination of
both. Failure to maintain such a screen in good condition shall constitute
a violation of this chapter.
A.
General requirement. No building or structure shall be erected or
enlarged or its use changed unless permanently maintained off-street
parking and loading spaces have been provided in accordance with the
provisions of this article.
B.
Enlargements.
(1)
Whenever a building or structure existing at the effective date of
this chapter is changed or enlarged by more than 50% in floor area,
number of employees, number of housing units, seating capacity or
otherwise, parking shall be provided in compliance with the full requirements
for the entire building.
(2)
For changes or enlargements of less than 50%, additional parking
shall be required on the basis of the enlargement only as follows:
|
Type of Parking
|
Dimension
(feet)
|
Aisle
(feet)
| |
|---|---|---|---|
|
90°
|
9 X 19
|
25
| |
|
60°
|
10 X 19
|
20
| |
|
45°
|
12 X 19
|
15
| |
|
Parallel
|
9 X 23
|
15
|
C.
Location of parking spaces.
(1)
Parking spaces, other than driveways for all residential uses, shall
be located on a buildable portion of the same lot as the use which
they are intended to serve and shall not encroach upon any required
yards.
(2)
Parking spaces for commercial uses shall be located not more than
700 feet from the principal use.
D.
Municipal lots. Spaces in municipal parking lots, where provided,
may be credited toward parking requirements of new commercial uses,
provided that:
(1)
Municipal spaces are within 400 feet of the use to be served.
(2)
The parking needs of existing facilities within 400 feet and computed
on the same basis as the new facility are satisfied first and that
only excess capacity is used for the new facility.
(3)
A special permit for such use is obtained from the Zoning Board of
Appeals.
E.
Combined uses. Combined use of one parking lot by two or more adjoining
uses is permitted, provided that the lot is adequate for the total
requirements for the several uses, unless staggered hours permit modification
of total requirements, and provided further that a written agreement
covering such joint use shall be filed with and approved by the Zoning
Board of Appeals, provided further that the lot or spaces so used
shall be owned or leased by one or more of the joint users.
F.
Location of required spaces. In business districts or industrial
districts, for nonresidential uses such spaces shall be provided on
the same lot or not more than 400 feet therefrom. No open or enclosed
parking area shall encroach on any required front yard or required
open areas. Adequate access drives shall be provided from an adjoining
public street.
G.
Required spaces.
(1)
Parking spaces shall be provided in accordance with the following
schedule:
|
Use
|
Number of Spaces Required
| |
|---|---|---|
|
Residential:
| ||
|
Family dwellings of any type
|
2 for each dwelling unit; garage space may be counted toward
requirement
| |
|
Apartment hotels and apartments
|
1 1/2 for each unit
| |
|
Lodging houses and rooming houses
|
1 for each sleeping room or 1 for each permanent occupant
| |
|
Elderly housing units only; other uses comply with separate
requirements
|
1 for each 3 dwelling units
| |
|
Commercial:
| ||
|
Gasoline stations and automobile service stations which also
provide repair
|
1 for each fuel pump and 2 for each service bay
| |
|
Hotels and motels
|
1 for each living or sleeping unit, plus 1 for each 2 employees
| |
|
Funeral parlors, mortuaries and similar uses
|
1 for each 100 square feet of floor area in reposing rooms,
parlors or service rooms
| |
|
Retail stores, banks and professional offices, other than medical
|
1 for each 250 square feet of floor area
| |
|
Doctor and dental offices
|
1 for each 100 square feet of floor area, plus 1 for each practitioner
| |
|
Restaurants, taverns and nightclubs
|
1 for each 2.5 seats, plus 1 for each 2 employees
| |
|
Drive-in banks
|
3 for each service window, plus 1 for each full-time employee
| |
|
All other types of business or commercial uses
|
5 1/2 for each 1,000 square feet of gross floor area
| |
|
Recreational or entertainment:
| ||
|
Bowling alleys
|
5 for each alley, plus 1 additional for each 100 square feet
of the area used for restaurant, cocktail lounge or similar use
| |
|
Outdoor swimming pools, public or club
|
1 for each 5 persons' capacity
| |
|
Auditoriums, sport arenas, theaters, membership clubs and similar
uses
|
1 for each 3 seats of seating capacity
| |
|
Golf courses
|
4 for each tee
| |
|
Skating rinks
|
1 for each 250 square feet of skating area
| |
|
Institutional:
| ||
|
Churches and places of religious assembly
|
1 for each 5 persons' capacity
| |
|
Hospitals, sanatoriums, nursing homes, childrens' homes and
similar uses
|
1 for each 3 beds, plus 1 for each employee
| |
|
Medical and dental clinics
|
10, plus 6 for each additional practitioner
| |
|
Libraries, museums and art galleries
|
1 for each 400 square feet of floor area
| |
|
Industrial:
| ||
|
All types of manufacturing, storage and wholesale establishments
|
1 for every 2 employees on the largest shift for which the building
is designed, plus 1 for each motor vehicle used in the business
|
H.
Loading spaces.
(1)
One off-street loading space shall be provided and maintained on
the same lot for every establishment requiring more than one track
delivery per day.
(2)
A loading space shall have a minimum dimension of not less than 12
feet in width and 50 feet in length, exclusive of driveways, aisles
and other circulation areas. Height clearance shall not be less than
15 feet. Off-street loading areas shall not encroach on any required
front or side yards, accessway or off-street parking area, except
that in business districts existing off-street parking areas may be
used for loading spaces for not more than three hours per day.
(3)
Loading areas and circulation and service lanes shall be separated
from the paving edge of any public thoroughfare and from adjoining
property lines by a planting strip at least 20 feet in width.
(4)
The location, number, size and design of loading spaces and accessways
thereto shall be approved by the Planning Board prior to the issuance
of a zoning permit or certificate of compliance by the Zoning Officer.
I.
Surfacing and drainage.
(1)
The required parking and loading spaces shall be improved with an
acceptable wearing surface providing a dust-free surface. Proper drainage
shall be provided to prevent increased runoff to adjacent properties
and the ponding of water. In lots having the potential for significant
drainage to off-site areas, and in any lot having 20 or more parking
and/or loading spaces, a drainage plan shall be provided and certified
by a licensed professional engineer, which will maintain drainage
from the lot during a twenty-five-year storm event.
[Amended 3-4-1991 by L.L. No. 1-1991]
(2)
The property owner shall maintain parking and loading areas in good
condition and free of holes, dust, trash and debris.
J.
Landscaping.
(1)
At least 8% of the area of the lot used for off-street parking shall
be devoted to landscaping with lawn and trees, shrubs or other plant
material. All loading berths and parking areas of three or more spaces
that abut a residential lot line and any parking lot for more than
20 cars shall be screened by a fence six feet high or a compact evergreen
hedge or a landscaped strip of trees and shrubs at least 10 feet wide,
so designed as to form a visual screen from the adjoining property.
[Amended 3-4-1991 by L.L. No. 1-1991]
(2)
All parking areas and landscaping shall be properly maintained thereafter
in a sightly and well-kept condition.
A.
Every building hereafter erected or moved shall be on a lot with
frontage on a public street or highway and be so located on lots as
to provide safe, convenient access for servicing, fire protection
and off-highway parking. Curb cuts and driveways will be carefully
located and kept to a minimum in all cases. Parallel access roads
or internal development roads will be required where appropriate to
achieve this purpose.
B.
Vehicular access to and from streets and highways shall consist of
well-defined, separate or common entrances and shall comply with the
applicable regulations of the New York State Department of Transportation
or the Village of Bath, whichever applies, and the following provisions,
whichever is the more restrictive:
(1)
Access drives shall not open upon any public right-of-way:
(a)
Within 50 feet of the nearest right-of-way line of any intersecting
public street or highway.
(b)
Where the sight distance in either direction along the public
thoroughfare would be less than 500 feet when the posted speed limit
exceeds 35 miles per hour. However, when the posted speed limit is
35 miles per hour or less, the sight distance requirement may be reduced
to 250 feet.
(2)
The following provisions shall not apply to access drives serving
single- or two-family dwellings, but shall apply in the case of all
other uses:
(a)
Separate entrance and exit drives shall have a minimum width
of 12 feet and a maximum width of 24 feet measured at right angles
to the driveway center line, shall be separated by at least a ten-foot
traffic island and shall not intersect the public right-of-way at
an acute angle of less than 60°.
(b)
Combined exit-entrance drives and common drives serving more
than one establishment shall have a minimum width of 24 feet and a
maximum width of 30 feet measured at right angles to the driveway
center line and shall intersect the public right-of-way at an angle
of not less than 60°.
(c)
The entrance and exit drives shall be paved a minimum distance
of 20 feet from the edge of the street pavement. Said pavement shall
be in accordance with the Village Street Department paving standards.
Said pavement shall be asphaltic concrete or portland cement concrete.
(3)
In no case shall a driveway be installed so as to block, impede or
restrict the flow of surface water along the edge of the street. If
such condition is created, the Street Department is hereby directed
and authorized to take whatever action is necessary to correct said
situation.
C.
In cases where the size of an existing lot of record at the effective
date of this chapter is such that the strict application of these
requirements would prohibit highway access to the property, a plan
for access, which shall provide the greatest traffic safety possible
under the circumstances, shall be submitted to and approved by the
Planning Board prior to the issuance of a permit.
Solar collector systems are permitted in any district. In reviewing
proposals for new construction, the Building Inspector shall bring
applications relating to solar systems to the attention of the Planning
Board. The Planning Board shall take into consideration, to the extent
possible, the effect the proposed construction, reconstruction, alteration,
etc., will have on the solar access of surrounding properties. Where
new construction involves more than one structure, the Planning Board
must give consideration to the solar access of each new structure
prior to the permit application approval.
A.
All signs require a zoning permit except where specifically exempted
by these regulations.
B.
Prohibited devices. Except as provided for time-and-temperature signs in Subsection D(1)(b) of this section, signs, any portions of which contain any of the following, are expressly prohibited in all districts:
(1)
Any sign which is an imitation of or which in any way resembles official
traffic devices or which uses the words "stop," "danger" or "slow"
predominantly or in any manner which implies the need of stopping
or the existence of danger to motorists.
(2)
Any sign which obstructs from view of the motorists any official
traffic control device or which reduces the clear view of oncoming
vehicles to a distance of less than 500 feet.
(3)
Any sign which produces glare to an extent or in a direction which
may affect highway safety.
(4)
Any sign containing flashing, pulsating, intermittent, rotating or
moving lights or simulation thereof.
(5)
Any sign containing or consisting of banners, pennants, ribbons,
streamers, spinners or other similar moving, fluttering or revolving
devices.
(6)
Signs affixed to or painted upon rocks, trees, utility poles or other
such structures not intended for such use.
(7)
Off-premises signs except for approved community poles.
C.
Signs permitted in all districts.
(1)
The following signs shall be permitted in any district without a
permit:
(a)
Signs advertising the sale, lease or rental of the premises
upon which the sign is located; said sign shall not exceed nine square
feet in area.
(b)
Professional name plates and rooming house signs not exceeding
two square feet in area.
(c)
Signs denoting the name and address of the occupants, not exceeding
two square feet in area.
(d)
Signs or bulletin boards customarily incidental to libraries,
museums, clubs or societies, which signs or bulletin boards do not
exceed 12 square feet in area and are located on the premises of such
institution.
(e)
Signs or bulletin boards customarily incidental to places of
worship, which signs or bulletin boards do not exceed 24 square feet
in area and are located on the premises of such institution.
(2)
The following signs are permitted in any district, but require a
zoning permit:
(a)
Any sign advertising real estate developments or subdivisions,
which sign shall not exceed 12 square feet in area and shall advertise
only the names of the owners, trade names and products sold, and provided
that not more than two signs shall be allowed for each development.
D.
Commercial and industrial districts.
(1)
The following signs are permitted in commercial and industrial districts:
(2)
No sign or billboard shall be larger than 100 square feet and shall
not project more than 30 feet above the average ground level at the
base of the sign.
(3)
In no event shall the aggregate area of the signs on a building exceed
the maximum square footage allowed pursuant to this section.
(4)
Signs permitted in the Central Business District shall have a total
face area of not more than one square foot per linear foot of width
for each foot of principal footage of the building but shall not exceed
a total area of 20 square feet. However, the total square footage
of nonprojecting signs on buildings wider than 20 feet shall be permitted
at the rate of one square foot per linear foot of building width.
Such signs shall not be wider than 2/3 of the linear footage of the
building width in any case. Such signs shall not project more than
five feet beyond the principal building on the lot, provided further
that such sign shall not extend more than 20 feet above ground level
or exceed the part of the building housing the business or service
advertised, whichever is less restrictive.
(5)
One off-premises sign of uniform size for each business is permissible
where such sign is located on an approved community pole. In addition,
such community poles may contain one directional mast indicating the
direction and name of the area to be served by such sign. Such community
pole and each separate addition thereto shall be approved by special
permit and only where physical circumstances are such that an off-premises
directional sign is deemed the only practical means of providing sign
exposure to a physically isolated area.
E.
General regulations. The provisions of this subsection shall apply
to all signs in all districts established by this chapter.
(1)
Number of signs. Each business may have one sign oriented to each
street on which the premises has frontage, identifying the building
as a whole or its predominant use.
(2)
Projecting signs. No sign shall overhang the right-of-way of a public
highway. No sign except on a canopy providing shelter shall overhang
more than 1/3 of the sidewalk.
(3)
Illumination. Signs shall be illuminated only by a steady, stationary,
shielded light source directed solely at the sign or internal to it
without causing glare for motorists, pedestrians or neighboring premises.
Illuminated signs shall not produce more than one footcandle of illumination
four feet from the sign.
(4)
Roof signs. No sign shall be placed on the roof of any building or
extend more than four feet above the building, except that this shall
not apply to painting a sign on the roof of a building and except
that four-story buildings may have one roof sign not exceeding 200
square feet and not projecting more than eight feet above the building.
(5)
Obsolete signs.
(a)
It shall be a violation to maintain for more than 30 days any
sign which has become obsolete because of discontinuance of the business,
service or activity which it advertises.
(b)
Such obsolete signs shall be removed by the owner, agent or
person having beneficial use of the building or structure upon which
such sign may be found within 10 days after written notice by the
Zoning Officer.
(c)
Upon failure to comply with such notice within the time specified
in such order, the Zoning Officer is authorized to cause removal of
such sign, and any expense incidental thereto shall be paid by the
owner of the building or structure to which the sign is attached.
F.
Temporary signs. The following are allowed without a permit:
(1)
Construction signs. Construction signs are permitted for a period
of one year; one unlighted sign up to 20 square feet identifying persons
or firms involved in construction on the site of the sign; also, one
illuminated sign up to 40 square feet identifying the owner and activity
for which the building is intended.
(2)
Event signs. Nonilluminated signs, which must not exceed 16 square
feet in area each face, announcing a campaign, drive or event, shall
be permitted in all districts. Event signs are temporary, nonpermanent
posters and signs covering such things as political events, fairs,
sporting events and shows. Said signs shall not exceed a height of
four feet above adjoining grade and shall not be located within any
Village, state or other public right-of-way. They may be erected up
to four weeks prior to the event and shall be removed within one week
after the event.
[Amended 11-16-1992 by L.L. No. 2-1992]
G.
Nonconforming signs. Any sign which becomes nonconforming upon the
date of enactment of this chapter shall be removed or altered so as
to conform within three years after such date of enactment.
A.
In accordance with § 7-738 of Article 7 of the Village
Law, the Planning Board is authorized to permit the following modifications
in the case of residential cluster developments in any residential
district. The purpose of such modifications shall be to allow and
encourage flexibility of design and developments in a manner to promote
the most appropriate use of land, to facilitate economical provision
of streets and utilities and to preserve open space.
B.
Conditions.
(1)
This procedure shall be applicable only to lands zoned for residential
purposes for which the owner shall file a written application.
(2)
Density. The permitted number of dwellings shall in no case exceed
the number of units which could be permitted if the land were subdivided
into lots conforming to the minimum lot size and density requirements
specified in the density schedule of this chapter.
(3)
Dwelling types. The dwelling types permitted may be detached, semidetached,
attached and multistory structures as permitted in the district in
which the development is located.
(4)
Open space. In the event that this procedure results in lands available
for open space or recreation uses, such lands shall either be deeded
to the municipality or held in corporate ownership by the owners of
the lots within the development, and the deeds of all property within
the development shall carry a clause giving the lot owners an interest
in such open land which shall be used for recreational and open space
uses only. Agreements shall be made to provide for the continuing
maintenance of such open space and recreation areas. (A planned unit
development section is available for enactment by amendment if and
when it should be needed.)
(5)
Site plan review. The proposed site plan, including areas within
which structures may be located, the height and spacing of buildings,
open spaces, landscaping, parking areas, streets and other physical
features as shown or otherwise described in the accompanying statement,
shall be subject to review and public hearing by the Planning Board.
The Planning Board is hereby authorized to approve, modify and approve
or disapprove the site plan.
A planned unit development section is available from the Village
Planning Board for inclusion by amendment if and when needed.
