A.
Accessory buildings.
(2)
An accessory building on that portion of a lot not included in any
required yard shall not exceed the height of the principal building.
(3)
No accessory building shall project nearer to the street on which
the principal building fronts than such principal building. Should
topographic conditions be such that practical difficulties would be
caused by this requirement with respect to the location of garages,
the Planning Board may authorize the erection of such garages under
the following conditions:
B.
Corner lots.
(1)
Obstruction of vision at street intersections. At all street intersections
in all districts, no obstructions of vision exceeding 30 inches in
height above curb level shall be erected or maintained on any lot
within the triangle formed by the street lines of such lot and a line
drawn between points along such street lines 30 feet distant from
their point of intersection.
(2)
Rear and side yards. On a corner lot, front yards are required on
both street frontages, and one yard other than the front yards shall
be deemed to be a rear yard and the other or others side yards.
C.
Exceptions to yard requirements.
(1)
Permitted obstructions.
(a)
Cornices or cantilevered roofs may project not more than three
feet into a required yard. Belt courses, windowsills and other ornamental
features may project not more than six inches into a required yard.
(b)
Bay or bow windows cannot project more than 30 inches into a
required yard.
(c)
Fences or walls not over six feet in height may be erected anywhere on the lot except as follows: between the principal building and the street or streets on which it fronts, the maximum permissible height shall be four feet except as set forth in Subsection B, Corner lots. Fences or walls in excess of six feet shall be permitted where specifically required by the Town Planning Board for screening or other related purposes, as part of a site plan approval.
(d)
Fences or walls with a height in excess of six feet shall conform
to the requirements set forth herein for buildings, unless such fence
or wall is required for screening or other related purpose as part
of a site plan approval granted by the Town Planning Board.
(e)
Paved terraces, steps, and walks not exceeding three feet above
the average finished grade (measured along the front wall of the building
which it serves), other than such as are needed to provide access
to the buildings on the lot, shall not project to within 15 feet of
a front lot line nor within 10 feet of any other lot line.
(f)
Nonmobile residential recreational uses, including but not limited to jungle gyms, tennis courts or basketball courts (excluding stand-alone basketball hoops) shall not be located within a front yard. Such facilities may be located in a side or rear yard, provided they are at least five feet from a property line. Swimming pools shall be regulated as per § 300-19.
(g)
Stand-alone basketball hoops shall be located no closer than
10 feet to any property line.
(2)
Entries and porticos. An open or roofed-over but unenclosed projection
in the nature of an entry or portico, not more than eight feet wide
and extending not more than six feet out from the front wall of the
building, shall be exempt from front yard requirements when the building
otherwise complies with all other yard restrictions of this chapter.
[Amended 9-7-2016 by L.L.
No. 2-2016]
D.
Unlicensed vehicles. The sale or storage of unlicensed vehicles or
parts is prohibited in all districts except in enclosed structures
or except in compliance with approval of the Planning Board, provided
that one unlicensed vehicle belonging to the homeowner or resident
may be stored outside or offered for sale for a period of not longer
than one year on any property which is a one- or two-family dwelling,
and provided that the vehicle is in condition for legal operation
on the public highways. The standard for legal operation on public
highways shall be the New York State Department of Motor Vehicle laws.
E.
Roadside, yard, attic, garage, basement, tag, moving and estate sales.
Roadside, yard, attic, garage, basement, tag, moving, estate and like
sales shall not be permitted, or their contents displayed or stored,
within 25 feet of the edge of the pavement or curb of highways, roads
or rights-of-way in the Town of New Windsor, except farm produce,
farm products or nursery stock. Such sales shall only be permitted
on properties which are one- or two-family dwellings. Only merchandise,
personal property, equipment or articles owned and used by the owner
or occupant of the property in which such sales are conducted shall
be permitted. Such sales shall not be permitted where a hazard to
traffic is created on any public road, commercial parking lot or private
driveway. Signs advertising such sales shall conform to the requirements
of this Code; all such signs must be taken down within 24 hours of
the date of the sale, and no sign shall be placed on utility poles
or other public property. Such sales shall not be permitted to exceed
two days in any calendar month.
F.
Waste or discarded material storage.
(1)
No waste, discarded items, debris, junk, secondhand material or unused
equipment shall be stored or kept outside, including such items as
may be intended for future reuse or resale or used previously in the
business or on the premises, which taken all together exceeds in bulk
three cubic yards, except those items stored in a metal dumpster container
awaiting removal from the property. Items covered in this subsection
shall include but not be limited to boxes, trash, cases, tiles, metals,
plastics, wood, cloth, stone, cement pipes or otherwise.
(2)
A maximum of six garbage cans shall be set outside for each scheduled
pickup by the Highway Department or a private contractor. Any debris
resulting from spillage by animals or otherwise shall be promptly
picked up by the owner or occupant, and empty garbage cans shall be
brought inside on the same day as pickup.
A.
Waiver of yards. No side yard or rear yard shall be required where
such yard abuts an operating railroad right-of-way.
B.
Courts.
(1)
The minimum dimension of an inner court shall not be less than twice
the height of all surrounding walls. However, in no case shall an
inner court have a dimension of less than 30 feet. The height of walls
surrounding an inner court shall be measured from the finished grade
at the base thereof to the top of such wall, except that, in the case
of roofs with a slope exceeding five inches vertical to 12 inches
horizontal, the height shall be measured to the mean point between
the top of said wall and the highest point of the roof.
(2)
The minimum dimension of an outer court shall be 20 feet, and its
depth shall not exceed its width.
C.
Nonresidential buildings on lots abutting or within residential districts.
(1)
Where a nonresidential building is proposed to be constructed or
expanded on a lot that abuts any lot in a residential district or
is within a residential district, then a buffer sufficient, in the
Planning Board's opinion, to screen and protect the residential use
shall be provided.
The following are permitted accessory uses in all zones on the
Table of Use/Bulk Regulations:[1]
B.
Domestic animals as follows: not more than three cats and/or dogs
over one year old. In no case shall the number of domestic animals
total more than three in combination of species of cat or dog.
C.
In the R-1, R-2, and R-3 Zones, up to two horses, plus their foals
not over one year old, provided that the animal(s) is restrained such
that said animal cannot enter any portion of the premises within 75
feet of any property line, shall be permitted on a lot of not less
than 2.5 acres where appropriate facilities, to be determined by the
Planning Board, exist. One additional horse shall be permitted for
each additional acre above 2.5 acres.
[1]
Editor's Note: The Table of Use/Bulk Regulations is included at the end of this chapter.
Shopping carts must be retained on the site of the store or
complex. Cart collection areas shall be conveniently located throughout
the parking area for the return of carts to established areas. Cart
collection areas shall not conflict with required parking spaces.
A.
The use of living plant material as an adjunct to all uses subject
to these regulations shall be mandatory. Landscape materials shall
be utilized in a positive manner in all developments for architectural
elements, space articulation, screening, privacy control, erosion
control, acoustical control, atmospheric purification, traffic control,
glare and reflection control, solar radiation control, wind control,
precipitation control and temperature control.
B.
Land area restricted from development coverage shall be preserved
in natural landscape or shall be reestablished according to the following
general standard: one deciduous or evergreen tree of 2 1/2 inches
caliper per 2,000 square feet of area.
C.
Developed area shall be landscaped according to the following general
standard: one deciduous or evergreen tree per 5,000 square feet of
area and one low-planting species per 10 linear feet of parcel perimeter.
D.
Erosion and sedimentation controls shall be in accordance with the
New York State Standards and Specifications for Erosion and Sediment
Control, which controls shall be the minimum requirements.
E.
For uses requiring site development plan review, the Planning Board
may require a detailed landscaping plan.
F.
Clear-cutting
of trees should be avoided and existing mature vegetation should be
incorporated into a site's landscaping design to the greatest extent
possible. Where more than one acre of trees is to be cleared on any
site, a permit shall be obtained from the Town Building Inspector.
Trees found to be dead, dying or in dangerous condition are exempt
from this permit.
[Added 4-7-2021 by L.L. No. 3-2021]
Open space land created as part of a subdivision, site plan
or planned unit development and not dedicated fee simple to the Town
of New Windsor for recreation purposes shall be in one of the following
forms of ownership: a homeowners' association approved by the Town
Attorney and Town Board and by the New York State Attorney General,
or any other arrangements approved by the Town Attorney and Town Board
as satisfying the intent of this chapter. Whenever a homeowners' association
is proposed, the Town Board shall retain the right to review and approve
the articles of incorporation and charter of said homeowners' association
and to require whatever conditions it shall deem necessary to ensure
that the intent and purpose of this chapter are carried out. In consideration
of said approval, the Town Board shall, in part, require the cluster
development to meet the following conditions:
A.
The homeowners' association shall be established as an incorporated,
nonprofit organization operating under recorded land agreements through
which each lot owner, and any succeeding owner, is automatically a
member and each lot is automatically subject to a charge for a proportionate
share of the expenses for the organization's activities.
B.
Title to all common property shall be placed in the homeowners' association,
or definite and acceptable assurance shall be given that it automatically
will be so placed within a reasonable period of time.
C.
Each lot owner shall have equal voting rights in the association
and shall have the right to the use and enjoyment of the common property.
D.
Once established, all responsibility for operation and maintenance
of the common land and facilities shall lie with the homeowners' association.
E.
The preservation of all common areas shall be recorded directly on
the subdivision plat or by reference on the plat to a dedication in
a separately recorded document. Re-subdivision of such areas is prohibited.
The dedication shall:
(1)
Reserve the title of the common property for the homeowners' association
free of any cloud of implied public dedication.
(2)
Commit the developer to convey the areas to the homeowners' association
at an approved time.
(3)
Grant easements of enjoyment over the area to the lot owners.
(4)
Give to the homeowners' association the right to borrow for improvements
upon the security of the common areas.
(5)
Give to the homeowners' association the right to suspend membership
rights for nonpayment of assessments or infraction of published rules.
F.
Covenants shall be established which limit all lots to one-family
use, or as stipulated on the approved subdivision plat or site plan,
and all common lands to open space uses. No structures may be erected
on such common lands except as shown on a subdivision plat or site
plan approved by the Planning Board.
G.
Each deed to each lot sold shall include by reference all recorded
declarations, such as covenants, dedications and other restrictions,
including assessments and the provision for liens for nonpayment of
such.
H.
The homeowners' association shall be perpetual, shall purchase insurance,
pay taxes and specify in its charter and bylaws an annual homeowner's
fee and provision for assessments and shall establish that all such
charges become a lien on each property in favor of said association.
The homeowners' association shall have the right to proceed in accordance
with all necessary legal action for the foreclosure and enforcement
of liens, and it shall also have the right to commence action against
any member for the collection of any unpaid assessment in any court
of competent jurisdiction.
I.
The developer shall assume all responsibilities as previously outlined
for the homeowners' association until a majority of the dwelling sites
are sold, at which time the homeowners' association shall be automatically
established.
J.
Open space, outside of wetland areas, shall be accessible and usable
by the residents of the development. Where deemed appropriate by the
Planning Board, trails, signage, seating areas, bicycle racks or other
means of creating usable open space may be required. Prior to subdivision
plat or site plan approval, the developer shall file with the Town
Board a performance bond to insure the proper installation of all
recreation and park improvements shown on the subdivision plat site
plan and a maintenance bond to insure the proper maintenance of all
common lands until the homeowners' association is established. The
amount and period of said bonds shall be determined by the Planning
Board, and the form, sufficiency, manner of execution and surety shall
be approved by the Town Attorney and Town Board.
[Amended 4-7-2021 by L.L. No. 3-2021]
