[Added 9-4-1985 by L.L. No. 2-1985]
The following regulations shall apply in all
Residence Railroad Station Districts, sometimes called the "Residence
RR District."
Recognizing a need to encourage the development
of quality housing within reasonable walking distance to the railroad
station and the business district and thus to alleviate, to some measure,
the demand for on-street parking and traffic congestion, the Village
Board of Trustees recommends that a limited amount of residential
units of housing be permitted in a zone to be created along a portion
of its railroad area and its central business district.
In Residence Railroad Station Districts, no
unit in any building or premises shall be used or erected for any
other purpose than as a dwelling unit for one family. The ownership
of such one-family dwelling units shall be in accordance with the
provisions of the law of the State of New York concerning condominium
or homeowners' association ownership.
In Residence Railroad Station Districts, where
a private street or road is provided on the site, the front yard setback
shall be measured from the established curbline or the unobstructed
right-of-way.
In a Residence Railroad Station District, no
building hereafter erected or altered shall be more than 2 1/2
stories above ground level. The roof shall be a peaked roof only and
shall have a pitch of not less than 4/12. In no event shall any building
exceed 35 feet in height from existing ground level. No berms shall
be permitted.
In Residence Railroad Station Districts, no
building shall be erected or altered on a lot having an area of less
than two acres.
In Residence Railroad Station Districts, the
front setback in any building unit shall not be less than 25 feet
after street dedication, if any. Balconies, porticos or like open
areas may extend not more than 10 feet into the front yard.
In Residence Railroad Station Districts, a corner lot shall have a front yard along each street as provided in § 365-99.
In Residence Railroad Station Districts, there
shall be two side yards, one on each side of the main building, each
having a minimum width of at least 20 feet, except that there shall
be a minimum distance between buildings of 20 feet in addition to
the twenty-foot side yard requirements along the side property lines
of the entire plot.
In Residence Railroad Station Districts, there
shall be a rear yard having a minimum depth of 25 feet.
In Residence Railroad Station Districts, chimneys,
cornices, eaves, gutters, bay windows projecting not more than 24
inches and one-story open porches and/or terraces not exceeding three
feet in height are hereby permitted encroachments into yard areas,
except as otherwise provided herein.
In Residence Railroad Station Districts, no
dwelling authorized hereby shall be erected or altered to accommodate
or make provision for more than 12 units of housing per acre or more
than a proportionate number of dwelling units on any fractional part
of an acre or such other amount as fixed by the Board of Trustees
of the Village of Babylon. For the purpose of this section, a dwelling
unit shall be such combination of rooms, with provisions for living,
cooking, sanitary and sleeping facilities, arranged for the use of
one family, which shall consist of not more than four separate rooms
exclusive of bathrooms and hallways.
[Amended 6-10-1986 by L.L. No. 2-1986]
In Residence Railroad Station Districts, the
minimum habitable floor area for each dwelling unit shall not be less
than 1,150 square feet.
In Residence Railroad Station Districts, there
shall be suitable landscaping, shrubbery, trees and screening as determined
by the Village of Babylon Planning Board.
In Residence Railroad Station Districts, an
off-street parking area conforming to the requirements of this chapter
shall be provided for each building unit at a ratio of two spaces
for each unit. Where garages are provided, they may be substituted
for such off-street parking areas and shall conform architecturally
to the principal buildings. Ten percent of the required parking shall
be designated as visitor parking. Said parking areas must meet the
requirements of the Village Building Code[1] and must be curbed, striped and have direction of travel
hand-painted over blacktop. Minimum paving specifications shall be
designated by the Village of Babylon Planning Board.
For the purposes of this article, the use of
the reference "New York State Uniform Fire Prevention and Building
Code" shall also require compliance with the Babylon Village Building
Code and, if the same are inconsistent, the Babylon Village Building
Code shall prevail.[1]
In Residence Railroad Districts, no garages
or storage buildings shall exceed 18 feet in height or be built within
six feet of any side or rear lot line or nearer than 50 feet to any
street line.
In Residence Railroad Station Districts, each
unit shall be provided with a designated utility area for laundry
purposes which shall consist of one washer and dryer for each such
unit.
In Residence Railroad Station Districts, commercial-type
refuse containers must be provided and enclosed with a six-foot slatted
chain link fence and gate or other suitable material as designated
acceptable by the Village of Babylon Planning Board, to be placed
on concrete pads and kept clean at all times. No on-site incinerating
shall be permitted.
In Residence Railroad Station Districts, no
principal building authorized by this article shall be erected, altered
or used unless provided with municipal sewage disposal facilities.
In Residence Railroad Station Districts, no
building shall hereafter be erected unless a drainage plan providing
for the collection, storage and disposal of stormwater runoff from
the site, according to standards established in the subdivision regulations
of the Village of Babylon Planning Board, [1] has been approved by the Planning Board and Village Engineer.
In Residence Railroad Station Districts, all
parking areas, entries, corridors, passages, utility areas and front
landscaping must be provided with adequate lighting for safety purposes.
Lights shall be adjusted so as not to shine into adjacent properties.
Lights must be controlled by a time clock or positive photocell switching
so as to ensure adequate lighting during all dark hours.
In Residence Railroad Station Districts, all
construction must conform to the New York State Uniform Fire Prevention
and Building Code and the Village of Babylon Building Code.[1]
In Residence Railroad Station Districts, all
construction facing the railroad tracks must conform to the following
additional construction requirements:
A.
Windows are to meet the following additional standards
and shall be either triple-glazed wood frame, vinyl coated, rubber
gasket seal or casement or awning style or with gasket seal. All windows
on the railroad side are to be at a minimum.
B.
Wall penetrations. Pipe cases for electric, plumbing
and mechanical, etc., should be kept to a minimum on the building
side facing the railroad tracks.
C.
Wall construction shall be six-inch stud wall (wail
frame) R19 insulation with Celotex plain factory finish or concrete
block walls filled with Zonolite insulation with Celotex Thermax on
the outside.
D.
Site work. In addition to all other requirements,
it shall be necessary to plant a tight row of tall pine trees, or
equal, between the building and railroad as per specifications of
the Planning Board.
E.
Noise. All reasonable steps shall be taken to reduce
the railroad noise to an absolute minimum in all buildings, as recommended
by Planning Board specifications.
In Residence Railroad Station Districts, no
business or profession of any type shall be permitted.
In Residence Railroad Station Districts, the
site plans for the erection of buildings shall be subject to the specifications
and review of the Village of Babylon Planning Board.
No building permit shall be issued for the construction
of housing in Railroad Station Districts, and no certificate of occupancy
shall be issued for such housing, unless the owner has first obtained
a special use permit in accordance with the provisions of this section.
A.
Applications. Applications for special use permits
to construct housing in Railroad Station Districts shall be made to
the Board of Trustees of the Village of Babylon, shall be accompanied
by a filing fee of $250 and shall consist of the following materials
and specifications:
(1)
Five copies of an architectural plan prepared and
certified by a registered architect, at a scale of 1/2 inch to the
foot, of each structure to be built, showing a floor plan of each
floor and side elevations of all sides of each building.
(2)
Five copies of a survey map of the parcel to be developed,
prepared and certified by a licensed land surveyor, at a scale of
20 feet to the inch, showing dimensions of the parcel, the location
and dimensions of all structures and permanent improvements intended
to be constructed thereon, the proposed location of all utility and
water lines and all drainage improvements to be built.
(3)
Two copies of a survey map of the parcel to be developed
and all properties within 300 feet of each perimeter property line,
prepared and certified by a licensed land surveyor, at a scale of
100 feet to the inch, showing the locations of all structures presently
situate thereon, all structures proposed to be built, all streets
and all utility and water lines.
B.
Such proposal shall be subject to a thorough site
and design evaluation by the Planning Board of the Village of Babylon
and shall be heard by the Village Board at a public hearing.
A.
The proposal shall be considered with reference to
the following:
(1)
The site shall be well drained and have soils capable
of handling septic waste without danger to adjacent properties or
without danger to the community's extractable water supply.
(2)
The site shall have entry from an improved road offering
acceptable sight distance and other safe access features.
(3)
Public water supply and electric service shall be
brought to the site at no cost to the Village.
B.
In addition to the aforementioned regulations, the
following regulations shall apply:
(1)
The architectural style and exterior material, finish
and color shall be in harmony with the adjacent residential neighborhood,
and said buildings shall be so placed on the site as to prevent a
regimented, institutionalized appearance.
(2)
All building construction shall conform to the New
York State Uniform Fire Prevention and Building Code and the Village
of Babylon Building Code[1] and all other state, county and local laws.
(3)
All building construction shall incorporate contemporary
methods for energy conservation, including but not necessarily limited
to appropriate weather stripping and insulation to protect against
wind chill, including storm doors and windows.[2]
[2]
Editor's Note: Local Law No. 1-1986, adopted 1-27-1986, which added Article XII immediately following this section, provided for a six-month moratorium on building permits in certain districts of the Village. Said local law and any other pertinent legislation are on file in the Village Clerk's office.
