A.
The Town of Yorktown, New York, has provided in its
Development Plan, as amended to June 1961, and as implemented by its
this chapter, as amended to July 1964, ample lands for sale to and
use and occupancy by persons of all ages, financial circumstances
and family conditions, as well as sufficient and suitable lands for
nonresidential purposes and for the population contemplated in said
Development Plan for years still to come. The establishment of a special
classification for the age-oriented community will leave ample lands
available in the Town for other types of housing accommodations for
those not yet qualifying under this classification. Without even considering
the land zoned in such manner as to be available for general residence
use in neighboring Towns within this county, the immigration to the
Town of Yorktown of citizens of more modest means or those desiring
space to raise their families will in no way be detrimentally affected.
B.
The purpose of the age-oriented community is to permit
the establishment, within residential areas, of a specialized residential
development for older persons, in which development certain accessory
uses requisite to the mode of living and age of, or desirable and
convenient for use by, a group of residents having the characteristics
of those qualified by definition to inhabit the structures constituting
such specialized residential development are permitted. There is an
increasing demand by persons of or nearing retirement age for dwelling
accommodations in a developed, separate residential section in which
a greater degree of tranquillity is assured through the zoning classifications,
which will be inhabited by persons similarly circumstanced and which
have been designed and developed for such age group. It is further
provided that such age-oriented community be considered and made part
of a larger, overall residential neighborhood. Not only is it considered
the duty of a municipal government to provide space within its boundaries
for this group of citizens which, as the science of geriatrics advances,
grows larger daily, but it is to the benefit of the Town and its other
residents to do so.
C.
Such persons form a stable part of the community.
In contrast to young families which are often compelled to move as
their families grow or jobs change, retired persons set their roots
fast in the community, usually for the rest of their span of life.
They have no need for schools and related services, nor do they require,
in the aggregate, as many municipal services and facilities. The taxes
paid by them, directly or indirectly, help to stabilize the tax base
required to provide schools and other public services in those areas
and for those land uses which require them. Usually having a greater-than-average
purchasing power, they bolster the local economy and aid in the expansion
and development of local business districts. The manner in which they
use the physical premises where they reside is less apt to disturb
the peace and tranquillity of the neighborhood than the use of property
by younger persons with families, with greater outdoor activity, greater
social activity taking place on the premises and greater traffic at
all times on and onto the premises.
D.
Moreover, it has been determined that a minimum amount
of retail trade and services, professional and other, may be carried
on in such specialized development for the convenience of its inhabitants,
some of whom will, by reason of age or reduced physical fitness, be
unable to travel beyond the development itself without difficulty
and some of whom will have no means of individual transportation.
Such accessory uses and others permitted hereby will, it is likely,
diminish the amount of vehicular movement within and to and from such
community, thereby promoting its tranquillity and the public health,
safety and general welfare. The more stringent requirement of site
approval than that required elsewhere and the age and composition
of the residents therein give ample assurance that such accessory
uses in such specialized residential development community will have
no adverse effect upon neighboring properties or land uses and warrant
their inclusion as permitted accessory uses and sufficiently distinguish
such community from other residentially zoned districts.
[Amended 7-5-1994 by L.L. No. 21-1994; 7-17-1986 by L.L. No. 22-1986]
In any specialized age-oriented community district,
no building(s) or premises shall be used, and no building(s) or part
of a building or structure shall be erected, constructed, enlarged,
altered, arranged or designed to be used, in whole or in part, except
for one or more of the following uses, and further, provided that
a site plan of development is approved by the Planning Board, after
public notice and hearing, as being in conformity with the provisions
of this article:
A.
One-family dwellings.
B.
Two-family dwellings.
C.
Row houses and multifamily dwellings.
D.
Accessory uses, structures or facilities for:
(1)
Health care.
(2)
Indoor and outdoor recreation.
(3)
Religious services.
(4)
Living and dining areas for common use of residents.
(5)
Central kitchens for food served in dining areas or
distribution to individual dwelling units, but not to be used by residents
for preparation of individual meals.
(6)
Medical-dental service, provided that only one assistant
shall be employed in each separate office.
(7)
Small retail shops for the sale of goods or rendering
of personal services only to residents of the project.
(8)
Living quarters for medical doctor, nurse, custodian
or caretaker.
(9)
Temporary accommodations for guests of residents of
a project, provided that occupancy by any guests shall be limited
to not more than 30 days in any ninety-day period.
(10)
Off-street parking areas and garages for cars.
(11)
Garages for storage of project-owned or community-owned
maintenance vehicles and equipment.
(12)
Utility shops for upkeep and repair of buildings
and structures within the project.
(13)
Central heating or sanitation plants.
(14)
Signs and outdoor lighting standards.
(15)
Central radio or television receiving antennas.
(16)
Surface water impounding basins.
F.
The prohibition listed in this section shall not preclude the occupying of these premises by persons under 55 years of age, provided that the presence of such persons is required for the physical care or support of a persons listed in Subsection E(1) or (2) (namely, a nurse, practical nurse, resident companion or inservant).
G.
All of said persons listed in this section shall be
residents of the age-oriented community.
A.
The maximum number of dwelling units within a site
shall be computed in accordance with the following site area per type
of dwelling unit, averaged over the entire site:
|
Type of Unit
|
Allotted Site Area
(square feet)
| ||
|---|---|---|---|
|
One-family dwelling
|
10,000
| ||
|
Two-family dwelling
|
14,000
| ||
|
Row houses or multiple dwellings:
| |||
|
One-room living unit
|
2,500
| ||
|
Two-room living unit
|
3,500
| ||
|
Three-room living unit
|
5,500
| ||
|
Four-room living unit
|
7,000
| ||
|
Five-room living unit
|
10,000
| ||
|
Row houses or multiple dwellings when the total
development contains no more than three-room living units (two-bedroom
apartments)
|
3,630
| ||
B.
In determining the number of rooms in each living
unit for the purpose of computing the required site area for each
said living unit, any floor space completely enclosed, except for
doorways, by walls having a height from the floor of four feet or
more shall be counted as a separate room. However, a bathroom, toilet
room, vestibule or similar small passage or storage area or a cooking
space having an area less than 75 square feet shall not be counted
as a separate room.
Each site used or to be used for a specialized
age-oriented community shall:
A.
Have a total frontage of not less than 300 feet on
a state or county highway or a Town highway, if approved by the Planning
Board as adequate for the estimated traffic requirements of the particular
project.
[Amended 7-5-1994 by L.L. No. 21-1994]
B.
Have a total area of not less than 15 acres. Land
separated by a road, easement, right-of-way or publicly owned lands,
with a width of not more than 60 feet, may be counted as part of a
site in computing said minimum area. Land within any existing or proposed
public road shall not be counted as part of the site area.
C.
Be held and maintained in single or common ownership,
except that any section thereof containing a minimum of 15 acres may
be held and maintained in single or common ownership different from
that of any or all other sections containing such minimum of 15 acres.
A.
The maximum length of buildings shall be in accordance
with the following:
B.
The maximum height of any building shall not exceed
35 feet.
C.
No row of row houses shall consist of more than six
dwellings.
D.
The minimum usable floor area of each living unit
in a one- or two-family dwelling shall not be less than 750 square
feet and in a row house or multiple dwelling, not less than 500 square
feet.
E.
All accessory buildings or structures shall be appropriate in location, nature, number and size to the location, nature, number and size of residence buildings within the site or adjoining sites. Small retail and personal service shops, as permitted, may be located in one or more multiple-dwelling buildings, provided that the aggregate amount of floor space of all such shops upon a site shall not exceed a sum equal to 1,000 square feet for each five acres of land within the site. For each proposed dwelling unit, there shall be a minimum of 40 square feet of floor space constructed for accessory uses, as set forth in § 300-124D. Of the required minimum accessory floor space, not more than 1/2 of such space may be composed of private garage space, and such required minimum accessory floor space may be reduced by a sum equal to 1/3 of the area of the outdoor accessory recreational facilities provided.
F.
All buildings shall conform to the following minimum
setbacks:
(1)
From any main or collector street: 50 feet.
(2)
From any interior or local street: 40 feet.
(3)
From any driveway, parking area, easements for public
utilities (excluding service connections) and rights-of-way (except
such as are used solely for pedestrian travel): 20 feet.
(4)
From any property line which is any R1 District boundary:
100 feet.
(5)
From any other property line: 50 feet.
G.
All buildings shall conform to the following minimum
distance between buildings:
(1)
Between two adjacent buildings, both 20 feet or less
in height: 20 feet plus 1/2 foot for each foot that the sum of the
horizontal dimensions of their opposite wall faces exceeds 50 feet.
(2)
Between two adjacent buildings, one of which is more
than 20 feet in height: 30 feet plus 1/4 foot for each foot that the
sum of the horizontal dimensions of their opposite wall faces exceeds
50 feet.
(3)
Between two adjacent buildings, both more than 20
feet in height: 20 feet plus 1/4 foot for each foot that the sum of
the horizontal dimensions of their opposite wall faces exceeds 50
feet. Opposite wall faces shall be deemed to be that part of a wall
which faces toward a wall of another building and in which the planes
of such walls are either parallel or, if extended, would make an angle
of less than 80º. Where wall faces are at such different elevations
that the wall face of one building, when projected horizontally, covers
1/2 or less of the opposite wall face, the Planning Board may permit
the distances between buildings to be reduced to 75% of the required
minimum.
[Amended 7-5-1994 by L.L. No. 21-1994]
H.
Not less than 10% of the aggregate floor area of all
residence buildings proposed to be erected upon each site, as defined
herein, shall be in one-story buildings, and not less than 1/3 of
all such one-story buildings shall be wholly detached one- or two-family
dwellings.
I.
Maximum building coverage of all buildings on any
site shall not exceed 20%.
A.
Usable open spaces for recreational or other outdoor
living uses, appropriate in location, nature and size to the type
of residential development and the prospective density thereof, and
having characteristics which made such open spaces usable for the
designated purposes shall be provided and designated on the site plan.
For each row house or multiple dwelling, such outdoor space or spaces
shall be located generally adjacent thereto and shall, in their aggregate,
have a minimum area of 300 square feet per living unit. For each one-family
or two-family dwelling, such outdoor space or spaces shall be located
directly adjacent to each dwelling and shall have a minimum area of
1,000 square feet per living unit and shall be for the exclusive use
of the occupants of such living unit.
B.
In addition to required adjacent open spaces, there
shall be provided elsewhere within the site other recreation or open
space which in its aggregate shall not be less than 25% of the total
area of the site. In computing such nonadjacent recreation or open
space, credit may be given for the area of improved outdoor recreation
facilities shown on the site plan; provided, however, that no more
than 2/3 of any such recreation space devoted to a single recreation
use shall be included in the computation of such minimum required
open space.
All open space on a site not designated on the
site plan for present or future building purposes shall be deemed
to be required open space on such site and shall not thereafter be
built on or encroached on in any manner, except as hereinafter provided.
The location of buildings, roads, driveways,
parking areas, utility lines and other site improvements shall be
laid out in such manner as to cause the least disturbance to existing
natural growth and the least change to existing topography and slopes.
All prominent existing natural features, such
as large rock outcrops, large trees, tree groves, ponds, streams,
glens and wildlife and plant conservation areas, shall be preserved,
maintained or enhanced wherever possible. Such natural features shall
be considered to be a desired asset and integral part of the site.
Where required for the protection of adjacent
properties and to safeguard the residential character of the proposed
development or adjoining residential uses, or both, approved natural
screening areas shall be shown in complete detail and shall be regarded
as an integral part of the site.
A.
Landscape planting shall be shown for the areas around
and between all buildings, around the perimeter of and within parking
areas and along streets and driveways. Pedestrian site improvements,
such as sidewalks, paths, benches and statuary, shall be provided
for the use and enjoyment of the residents.
B.
The maximum slope of any sidewalk shall not exceed
5%. Where steps are used, there shall not be more than 10 steps in
a single run. In all cases where there are more than four steps in
a run, approved-type handrails shall be provided on both sides. Medium-height
sidewalk lighting standards shall be provided along all sidewalks
at intervals of not less than 75 feet, unless adequately illuminated
by streetlighting or other light sources.
Any proposed public road shall be laid out and constructed in accordance with the standards and procedures of Chapter 195, Land Development, applicable to road layout and the minimum road specifications, as amended, and shall conform to the adopted Town Development Plan, where applicable.[1] A notation shall be placed on the site plan indicating
which roads, if any, are to be offered for public dedication. The
Town, as part of the site plan, may require any road or vehicular
way shown on the plan to remain and continue in private ownership
and maintenance, and provided that a notation to this effect covering
all such roads and ways is placed upon the site plan.
[1]
Editor's Note: Said Plan is on file in the
Town offices.
All private accessways, parking areas and any
other paved surfaces for use by motor vehicles shall be constructed
in accordance with the minimum driveway and parking area specifications
for site and parking plans, as established by this chapter.
[Amended 7-5-1994 by L.L. No. 21-1994]
Provisions shall be made for off-street parking
in the ratio of 1 1/2 spaces for each dwelling unit contained
in a row house or multiple dwelling. No parking shall be developed,
provided for or maintained within 10 feet of any lot line or public
or private road. Such parking space shall be so located that maximum
horizontal distance for pedestrian travel from the garage or open-air
parking area to the nearest entrances of the residential structure
involved, or to a paved walkway leading to such entrance, shall not
exceed 100 feet. The Planning Board, upon a finding that, under the
conditions presented to it, the requirement of such number of parking
spaces is excessive for multiple dwellings proposed, may waive the
requirement of actual construction of a number of such required parking
spaces, provided that in no case shall the number of parking spaces
actually provided and maintained be less than one parking space for
each dwelling unit and that appropriate space be reserved and set
aside for the balance of the parking spaces required to be provided
as set forth above.
[Amended 7-5-1994 by L.L. No. 21-1994]
Parking spaces in the ratio of two spaces to
each dwelling unit shall be provided, developed and maintained for
each one- and two-family dwelling unit; provided, however, that where
parking spaces are provided in a garage or open-air parking area for
common use of residents of more than one such one- or two-family dwelling,
such garage or open-air parking area shall be so located that the
maximum horizontal distance for pedestrian travel therefrom to the
farthest of the residential structures to which it pertains shall
not exceed 200 feet. Upon a finding that, under the conditions presented
to it, the requirement of such number of parking spaces when provided
in a garage or open-air parking area for common use of residents,
as aforestated, is excessive for the one- and two-family dwellings
proposed, the Planning Board may waive the requirement of actual construction
of a number of such spaces, provided that in no case shall the number
of parking spaces actually provided and maintained be less than one
parking space for each dwelling unit contained in such one- and two-family
residences and that appropriate space be reserved and set aside for
the balance of the parking spaces required to be provided as set forth
above.
[Amended 7-5-1994 by L.L. No. 21-1994]
Parking spaces in the ratio of 1/2 space to each dwelling unit proposed for the site shall be provided, developed and maintained for the accessory uses set forth in § 300-124D and for the accommodation of automobiles of maintenance and other employees of the project or community. Such parking spaces shall be located adjacent to or in reasonable proximity of the uses and structures which they are intended to serve. Upon a finding that, under the conditions presented to it, the requirement of such number of parking spaces, if provided, would be excessive at this time, the Planning Board may waive the actual construction of a number of such spaces, provided that in no case shall the number of spaces actually provided and maintained be less than 1/4 space to each facility proposed and that appropriate space be reserved and set aside for the balance of the parking spaces required to be provided as set forth above.
[Amended 7-5-1994 by L.L. No. 21-1994]
Off-street parking sites shall conform to the requirements of §§ 300-182, 300-183 and 300-185 of this chapter and to such reasonable conditions as may be imposed by the Planning Board with respect to landscaping, turnarounds and grades thereof. The locations of access drives, driveways and parking areas and their relationship to adjacent streets and to buildings shall be such as to eliminate hazardous conditions and promote the safety of vehicular and pedestrian travel within the site and between the site and abutting streets. Such features shall be shown in detail on the site plan.
[Amended 7-5-1994 by L.L. No. 21-1994]
In any case in which the Planning Board has
waived actual construction of a portion of required parking spaces,
after field investigation and ascertainment of the adequacy of such
reduced number of parking spaces under conditions of actual use, the
Planning Board may, by resolution, require all or part of such reserved
space to be completed for parking purposes.
All buildings shall be served by a common water
supply and a common sanitary sewer system.
Approved containers or receptacles for refuse
disposal must be provided for all dwelling units. Daily collection
of refuse from all dwelling units shall be provided by the site management,
and said refuse shall be placed in central collection area(s) which
shall meet applicable standards of the Westchester County Health Department,
plus standards as may be prescribed by the Town Engineer.
One sign per street frontage, not exceeding
six square feet in area, shall be permitted. Within the site, directional
signs and identification signs shall be only such as may be permitted
by the Planning Board, which shall specify the number, size and type
of such signs, the legend thereon and the style of such signs and
legends, upon considerations of necessity and appropriateness to the
area and structures.
[Amended 7-5-1994 by L.L. No. 21-1994]
The owner shall file with the Planning Board
an application in quadruplicate for site approval, which said application
shall be accompanied by the proposed site plan on which shall be shown
the following information:
A.
The site or tract upon which the proposed retirement
village development is to be located, with boundaries, courses and
distances and total land area and with contours shown at intervals
not greater than five feet.
B.
The relation of such site or tract to existing abutting
streets or highways, rights-of-way, general easements and to those
within 500 feet thereof.
C.
Land uses of adjoining lands within 500 feet from
each boundary of the proposed site.
D.
The areas within the site upon which structures are proposed to be located, the height and spacing of buildings, including any existing buildings or structures to be retained, open spaces and their landscaping, off-street open and enclosed parking areas, general utility or drainage easements, existing trees having a diameter of eight inches or more and the location of groups of trees containing five or more trees of such diameter and all other natural physical features existing or intended to be placed therein, including those set forth in §§ 300-128 through 300-133 above.
E.
Such other information relative to the proposed plan
as may be required by the Town Board or Planning Board in its review
of said plan.
Such site plans shall be accompanied by a separate
improvement plan and profile showing construction details and grades
of all proposed roads, private accessways, parking areas and general
utility and drainage lines within the proposed site. All such proposed
roads, private accessways, parking areas and general utility and drainage
lines shall be constructed in accordance with applicable Town standards.
[Amended 7-5-1994 by L.L. No. 21-1994]
A.
Within 10 days after the application and proposed
site plan shall have been filed, the Planning Board shall refer such
application to the Advisory Board on Architecture and Community Appearance
(ABACA) of the Town of Yorktown for review and report. ABACA shall
review the proposed site plan with respect to the items and time period
set forth in the ordinance establishing such Board and shall transmit
to the Planning Board a copy of any report thereon for the Planning
Board's consideration as part of its review. The Planning Board shall
study the application and all accompanying information and consult
with other agencies of government as appropriate in the case to determine
the general acceptability of the proposed site plan. In the course
of such preliminary considerations, the Planning Board may request,
and the applicant shall supply, additional material needed to make
specific determinations. Following such study, the Planning Board
or its staff shall hold a conference or conferences with the applicant
to discuss desirable changes in the first or succeeding drafts of
the proposed site plan.
B.
Thereafter, the Planning Board shall give at least
10 days' notice of public hearing upon said proposed site plan and
upon the proposed changes to the Official Map of the Town. Where approval
of any department, board, bureau or officer of the County of Westchester
or the State of New York is required for any aspect of the proposed
development or by reason of any part of the design thereof or any
provision with respect to streets, highways, drainways or sanitation,
then, and in that event, prior to final review and action by the Board
on the proposed site plan, approval by such department, board, bureau
or officer above referred to shall be endorsed upon a copy of such
site plan or otherwise satisfactorily evidenced or, in the alternative,
conditional approval may be given.
[Amended 7-5-1994 by L.L. No. 21-1994]
The Planning Board shall, as a condition to
site approval, require that the applicant execute and deliver the
following supporting agreements and covenants:
A.
A declaration of covenants running with the land and
binding upon the heirs, administrators, executors, successors and
assigns of the applicant which shall be included in every conveyance
from the applicant, whether by deed, lease or otherwise, in recordable
form, satisfactory as to form and content to the Planning Board and
Town Board, covenanting that the property shall be held, sold, conveyed,
transferred, occupied and improved only and strictly in accordance
with the and provisions of a certain ordinance enacted by the Town
Board of the Town of Yorktown on the 20th day of April 1965, which
ordinance created a zoning district known as "RSP-1," and any amendments
or modifications thereto, and further covenanting that any owner or
owners of the property shall accept title thereto subject to all covenants,
restrictions, easements and conditions set forth in said ordinance,
and that if any owner or person claiming title under or through said
owner shall at any time violate or attempt to violate or shall omit
to perform or observe any of the covenants, restrictions, easements
and conditions of the declaration, it shall be lawful and proper for
the Town of Yorktown, the developer or any other owner of the property
which is subject to the same covenants, restrictions, easements and
conditions in which the breach or default is made to institute and
prosecute appropriate proceedings at law or in equity concerning the
wrong done or attempted. Nothing in this section or in any other provision
of this Zoning Ordinance is intended to, or shall be construed to,
give the Planning Board the authority or the power to apply or remove
the RSP-1 or any other zoning designation or classification to any
area, district, zone, lot or parcel of land within the Town of Yorktown.
[Amended 6-15-2004 by L.L. No. 17-2004]
B.
A declaration of covenants running with the land and
binding upon the heirs, administrators, executors, successors and
assigns of the applicant, in favor of the Town, satisfactory as to
form and content to the Planning Board and Town Board, covenanting
that all open space upon the site required by this chapter shall permanently
remain open space and shall not be developed in any manner or degree
or by any means, except as said covenant may be released or modified
by the Town.
C.
An easement running with the land conferring upon
the Town the right and privilege to enter upon the site for the purpose
of constructing, maintaining or repairing roads, sewerage or drainage
lines, water, gas and electric lines and other public utilities or
to do any acts reasonably required in the public interest to preserve
and protect the public health, safety or general welfare.
D.
An easement running with the land in favor of the
Town over all lands adjacent to and within 100 feet of existing major
streams, for the purpose of access thereon and such stream control,
clearance or other work as may be necessary in connection therewith
and the construction of pedestrian ways or general utility lines over
the same as may be necessary or expedient for the use of said ways
or lines. An easement, as may be required by the Town, for future
drainage or utility lines within or across the property and necessary
for the future connection with or between existing public lines.
E.
A performance bond sufficient in amount as determined
by the Planning Board to cover the full cost of installation of all
roads and improvements, private accessways, parking areas, sidewalks,
on-site water mains or on-site sanitary sewers and on-site storm sewers,
all in accordance with the standards, specifications and procedures
provided for herein, as estimated by appropriate Town departments
and approved by the Town Board. In the event that the owner shall
be authorized to develop the project in sections, approval may be
granted upon the installation of the required improvements in the
section or sections designated as the first to be constructed or upon
filing of a performance bond to cover the cost of the above-named
improvements, but in any other section, the owner shall not be permitted
to commence construction of buildings until the required work has
been completed in such other section or a sufficient performance bond
has been furnished to cover the cost of such improvements. Such performance
bond shall be issued either by a bonding or surety company approved
by the Board or by the owner with security acceptable to the Town
Board as to form, sufficiency and manner of execution. Such performance
bond shall run for a term to be fixed by the Town Board, but in no
case for a longer term than three years; provided, however, that the
term of such performance bond may be extended by the Town Board with
the consent of the parties thereto.
[Amended 7-5-1994 by L.L. No. 21-1994]
A.
In reviewing and passing upon the proposed site plan,
the Planning Board shall take into consideration its conformity with
the minimum requirements hereinabove set forth; the purposes for which
such district was created; the arrangement of the buildings and uses
with respect to compatibility, light, air and other amenities; the
compatibility of the proposed buildings, structures, recreational
areas, utility areas, off-street parking facilities and accessory
uses to adjoining properties and land uses; the topography and physical
character and existing natural growth of the land in relation to the
use intended to be made thereof; the character of the land in relation
to its suitability for building purposes without danger to health
or peril from fire, flood or other menace; and the provision of fences,
walls and landscaping, all in the furtherance of the purposes of this
chapter.
B.
In reviewing and passing upon the proposed site plan, the Planning Board may vary the provisions of § 300-127A through D and F through H upon findings by the Board that the site plan submitted, including the architectural treatment of the building, building location, parking layout, provisions for developed usable open space, parking egress and ingress and appurtenant facilities as shown on the plan, will achieve a development that is consistent with the Town Development Plan and harmonious with the existing and proposed development in the surrounding area.
[Amended 7-5-1994 by L.L. No. 21-1994]
In approving a site plan, the Planning Board
may require such modifications as may be necessary to conform to the
conditions and standards set forth above and may attach such conditions
as may be reasonably required to assure conformity to the purposes
hereof and the standards herein set forth. The site plan, as finally
approved, shall be endorsed as approved by the Planning Board Chairman,
and a copy, so endorsed and bearing or accompanied by a statement
of all conditions attached thereto, shall be filed with the Building
Inspector. Another copy, so endorsed, shall be filed with the Town
Clerk; a third copy, so endorsed, shall be filed in the office of
the Clerk of Westchester County; and a fourth copy, so endorsed, shall
be delivered to the applicant. Such copy so filed shall be notice
of all matters set forth thereon.
A.
A permit for a specialized residential development
granted under the provisions hereof shall automatically lapse if substantial
construction, in accordance with the plans for which such permit was
granted, has not been completed within two years from the date of
granting such permit or, if appeals to the Board of Appeals or to
a court shall be instituted to review the grant of such permit or
any order of the Board of Appeals with relation thereto, from the
date of entry of the final order in such proceedings, including all
appeals.
B.
The applicant may apply for a permit or permits relating
to one or more buildings at any time; provided, however, that a permit
for the construction of at least one main building shall be applied
for in each year until all of the buildings contemplated to be erected,
as shown on the approved site plan, shall have been so constructed.
The Board of Appeals shall have the power to extend the time for application
for a building permit, as above set forth, or for completion of a
structure, in the case of practical difficulty or undue hardship.
Any site plan may be subsequently amended in
accordance with the same procedure and requirements specified for
the initial approval, either with respect to the site originally proposed
and presented for approval or with respect to contiguous lands similarly
classified, at the time of such amendment, regardless of the size
of such additional tract, provided that, upon approval of such amended
plan respecting such additional land, it shall be construed as part
of the original site and subject to all requirements thereof. An application
for an insubstantial change or modification of a plan presented for
approval or for a ruling or clarification relating to an incidental
matter may be determined by the Town Board at a regular meeting thereof.
