A. 
Rural District. Areas of the Town designated under this district are characterized by working landscapes. Traditionally, these areas have been places where resource-based economic activities have flourished. Rural areas typically have less demand for public services, and, outside of the hamlets, agriculture and forestry have been the primary uses. With its remaining agricultural businesses, undeveloped lands, and natural resources, this portion of the community stands in contrast to the more developed areas of the Town. Its rural character is highly valued by those that live in these areas and it also contributes to the overall quality of life of the Town. The purpose of this district is to encourage a variety of uses, including agriculture, forestry, mining, small-scale commercial and light industrial activity, and development using traditional farmstead designs where appropriate.
B. 
Residential Large Lot District. Areas of the Town designated under this district are characterized by semirural, large lots having a minimum size of two acres, often located between lightly developed rural and natural areas and more intensively developed residential areas. The areas will often have environmental constraints or attributes that support less intensive development.
C. 
Residential "A" and "B" Districts. Areas of the Town designated under these districts are characterized by traditional suburban residential development, including developed single-family dwellings, as well as undeveloped residential building lots. These areas also include active agricultural lands facing immediate growth pressures to convert to nonagricultural uses. The purpose of these districts is to protect the residential viability of established residential settlements.
D. 
Residential "C" District. Areas of the Town designated under this district are characterized as being located near land appropriate for or zoned for moderately dense residential development, including single-family, two-family, and three- and four-family dwellings, as well as undeveloped residential building lots and commercial development. The purpose of this district is to encourage diversity in residential development and to encourage the use of conservation subdivision design to preserve open space and viable agricultural lands.
E. 
Core Residential District. Areas of the Town designated under this district are generally mature residential neighborhoods. The purpose of this district is to ensure that the general character of these neighborhoods, which include tree-lined streets, sidewalks, smaller lot sizes, moderately sized homes, interconnected street patterns, and a location near some small-scale services, is protected from pressures to convert residential structures to inappropriately sized nonresidential uses.
F. 
Multifamily District. Areas of the Town designated under this district are those in which multifamily development currently exists or where such uses are encouraged. These areas are served by municipal sewage treatment and water supply facilities that permit a high density of residential development. The purpose of this district is to protect the existing high-density residential character from encroachment by inappropriate nonresidential development.
G. 
Rural Riverfront District. Areas of the Town designated under this district are those located along areas overlooking the banks of the Hudson River. The purpose of this district is to limit the density of residential development while encouraging tourism and recreational-based nonresidential development.
H. 
Hamlet District. Areas of the Town designated under this district are typically the original settlement areas along major corridors and at crossroads and contain small-scale businesses and essential services in close proximity to residences. Very often the first floors of buildings in the hamlet districts are in commercial use with the upper floors in residential use. The hamlets are defined by pedestrian-friendly access along street fronts and alleyways, with on-street parking and loading. The purpose of these districts is to encourage compact, mixed-use commercial and residential development or redevelopment in identified neighborhood commercial centers and hamlet centers throughout the Town. Appropriately scaled mixed-use developments with pedestrian connections to adjacent neighborhoods are critical to the success of such centers.
I. 
Commercial Hamlet District. Areas of the Town designated under this district are typically original settlement areas along major corridors that contain medium-scale businesses and essential services in close proximity to residential neighborhoods. The commercial hamlets tend to be more oriented to vehicular rather than pedestrian access and are less likely to have mixed-use commercial and residential buildings. The adaptive reuse of residential buildings as commercial uses is a common feature of this district. The near proximity to traditional residential neighborhoods distinguishes this district from the General Commercial District. The purpose of this district is to encourage compact commercial development in neighborhood commercial centers throughout the Town.
J. 
Rural Hamlet District. Areas of the Town designated under this district are typically original settlement areas along major corridors that contain small-scale businesses and essential services in close proximity to rural and moderately developed lands. The rural hamlets tend to be more oriented to vehicular rather than pedestrian access and are less likely to have mixed-use commercial and residential buildings. Rural hamlet districts tend to be adjacent to rural lands and active agricultural uses. The purpose of this district is to encourage compact commercial and residential development in rural neighborhoods throughout the Town.
K. 
General Commercial District. Areas of the Town designated under this district are those that contain commercial and nonresidential services and businesses. The purpose of these districts is to encourage the development of a variety of small-scale and large-scale commercial retail and service businesses for the community, including shopping malls.
L. 
Mixed Economic Development District. Areas of the Town designated under this district are those with good highway access and which do not presently contain significant agricultural uses. The purpose of this district is to encourage the treatment of individual lots as part of an integrated plan for development of planned office, industry, service, small-scale retail, and technology-based businesses. Residential uses may be permitted as accessory to the nonresidential business development.
M. 
Heavy Industrial and Rural Light Industrial Districts. Areas of the Town designated under these districts are those with good highway access and which are deemed appropriate for light and heavy industrial uses. Portions of these areas presently include some limited residential uses, although the dominant uses are manufacturing, assembly, processing and transportation related. The purpose of these districts is to encourage the development of light and heavy industrial uses that require trucking or rail transportation to move goods and materials.
N. 
Planned Development Districts (PDD). Areas of the Town designated under this district are those approved for residential use pursuant to special legislation adopted by the Town Board. A PDD is a planned development implemented according to a comprehensive plan. It is typically under unified control and is planned and developed as a whole in a single development operation or a programmed series of development operations or phases. The nonresidential uses within a PDD are typically neighborhood-scale businesses, parks, community buildings, day-care centers, schools and churches. If the development is phased, mixed uses may be included in each phase of the development to ensure that each phase represents the desired balance of residential and nonresidential uses.
O. 
Planned Hamlet District (PHD). Areas of the Town designated under this district are those approved for mixed commercial/residential use pursuant to special legislation adopted by the Town Board. A PHD is a planned development implemented according to a comprehensive plan. It is typically under unified control and is planned and developed as a whole in a single development operation or a programmed series of development operations or phases. The district is intended to encourage the creation of hamlet centers containing mixed use buildings, with smaller scale ground floor commercial uses and residential and/or office uses above the ground floor, in a compact hamlet-like setting that encourages pedestrian activity using traditional hamlet design principals.
[Added 12-14-2016 by L.L. No. 5-2016]
A. 
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
B. 
Principal uses. See Schedule of Uses, § 128-99.
C. 
Accessory uses. Uses customarily accessory to and subordinate to a principal use.
(1) 
Location. No accessory building shall be located within the minimum required front yard setback. Notwithstanding, a farm stand for the sale of agricultural products may be located within a front yard setback. An accessory building may be located within the required side yard or rear yard setback, provided that such accessory building shall be set back not less than five feet from any lot line. For corner lots, a structure accessory to a single-family or a two-family residential use may be located in a front yard, opposite the side yard as determined by the Building Inspector, and shall have a minimum setback of not less than 20 feet from the front property line. An accessory building shall be located not less than five feet from the principal structure unless fire rated as per applicable New York State Building Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2) 
Height. An accessory building shall not exceed 25 feet in height. Agricultural use buildings may exceed the height regulations applicable to nonagricultural use buildings. See § 128-10, Exceptions, of this chapter.
(3) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
D. 
Specific regulations for the district.
(1) 
Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.
(2) 
Nonagricultural and nonresidential uses may be established in one or more structures, not to exceed a total of 4,000 square feet on a single lot, by right. Agricultural uses are exempt from this size limitation.
(3) 
Notwithstanding the provisions of the preceding Subsection D(2), site plan review shall be required for all nonagricultural and nonresidential by-right uses proposed for property located within 100 feet of a residential district.
(4) 
Nonagricultural and nonresidential uses proposed for property abutting a residential district shall include a fifty-foot landscaped buffer between the proposed improvements and the residential district. The landscaped buffer shall be in addition to any other setback requirement for the lot and shall be planted with a mixture of evergreen and deciduous plantings.
(5) 
The minimum lot size and maximum density unit for a minor subdivision or a land division pursuant to Chapter 103, Subdivision Regulations, are not prescribed in § 128-100 of this chapter; however, the minimum size of any lot shall be the minimum required to provide the separation distances and meet the design standards where on-site water supply and sewage disposal systems are required by the County of Albany Department of Health.
(6) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(7) 
For uses involving an adaptive reuse conversion of a residential structure to nonresidential use, the following shall apply:
(a) 
The alteration or expansion of an existing building shall not cause the total building size (post construction) to exceed 30% of the total lot area.
(b) 
The lot shall derive access from a state or county highway and shall be located within 1,000 feet of one of the following intersections:
[1] 
Bridge Street and South Albany Road.
[2] 
Maple Avenue and Route 9W.
[3] 
Route 9W and Corning Hill Road.
(c) 
The Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the nonresidential use does not interfere with the quiet enjoyment of adjoining residential properties. The additional setback area, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to adequately screen the parking area from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.
E. 
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any new development project involving undeveloped land in the Rural District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(1) 
Where practicable, encourage the use of farmstead design for new large-scale residential projects.
(2) 
Encourage the integration of new subdivisions within the existing neighborhoods.
(3) 
Where practicable, provide for and encourage open space, recreational and agricultural uses.
(4) 
Encourage the use of conservation subdivision design and the provision of adequate water supply, sewage disposal and transportation infrastructure.
(5) 
Existing tree rows and hedgerows, stone walls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(6) 
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(7) 
Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from adjacent properties by landscaping or fencing.
(8) 
New buildings adjacent to historic structures and historic districts should be designed in a manner consistent with the general architectural features of such historic features in terms of form, materials, fenestration, and roof shape.
(9) 
New streets should be designed with rural characteristics, including minimal tree clearing, minimal grading and filling of existing topography, and usage of natural drainage where practicable.
(10) 
Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, should be avoided.
A. 
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
B. 
Principal uses. See Schedule of Uses, § 128-99.
C. 
Accessory uses. Uses customarily accessory to and subordinate to a principal use.
(1) 
Location. No accessory building shall be located within the minimum required front yard setback. Notwithstanding, a farm stand for the sale of agricultural products may be located within a front yard setback. An accessory building may be located within the required side yard or rear yard setback, provided that such accessory building shall be set back not less than five feet from any lot line. For corner lots, a structure accessory to a single-family use may be located in a front yard, opposite the side yard as determined by the Building Inspector, and shall have a minimum setback of not less than 20 feet from the front property line. An accessory building shall be located not less than five feet from the principal structure unless fire rated as per applicable New York State Building Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2) 
Height. An accessory building shall not exceed 25 feet in height. Agricultural use buildings may exceed the height regulations applicable to nonagricultural use buildings. See § 128-10, Exceptions, of this chapter.
(3) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
D. 
Specific regulations for the district.
(1) 
Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.
(2) 
Nonagricultural and nonresidential uses proposed for property abutting a residential district shall include a fifty-foot landscaped buffer between the proposed improvements and the residential district. The landscaped buffer shall be in addition to any other setback requirement for the lot and shall be planted with a mixture of evergreen and deciduous plantings.
(3) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
E. 
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any new development project involving undeveloped land in the Residential Large Lot District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(1) 
Encourage the integration of new subdivisions within the existing neighborhoods.
(2) 
Where practicable, provide for and encourage open space, recreational and agricultural uses.
(3) 
Encourage the use of conservation subdivision design and the provision of adequate water supply, sewage disposal and transportation infrastructure.
(4) 
Existing tree rows and hedgerows, stone walls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(5) 
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(6) 
Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from adjacent properties by landscaping or fencing.
(7) 
New buildings adjacent to historic structures and historic districts should be designed in a manner consistent with the general architectural features of such historic features in terms of form, materials, fenestration, and roof shape.
(8) 
New streets should be designed with rural characteristics, including minimal tree clearing, minimal grading and filling of existing topography, and usage of natural drainage where practicable.
(9) 
Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, should be avoided.
A. 
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
B. 
Principal uses. See Schedule of Uses, § 128-99.
C. 
Accessory uses. Uses customarily accessory to and subordinate to a principal use.
(1) 
Location. An accessory building shall not be located in a front yard. For corner lots, a structure accessory to a single-family residential use may be located in a front yard, opposite the side yard as determined by the Building Inspector, and shall have a minimum setback of not less than 20 feet from the front property line. An accessory building may be located within the required side yard or rear yard setback, provided that such accessory building shall be set back not less than five feet from any side or rear lot line and shall be located not less than five feet from the principal structure unless fire rated as per applicable New York State Building Codes.
[Amended 10-8-2008 by L.L. No. 3-2008; 2-8-2012 by L.L. No. 1-2012]
(2) 
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
D. 
Specific regulations for the district.
(1) 
Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.
(2) 
For uses involving the adaptive reuse conversion of a residential structure to nonresidential use, the following shall apply:
(a) 
The alteration or expansion of an existing building shall not cause the total building size (post construction) to exceed 15% of the total lot area.
(b) 
The lot shall derive access from a state or county highway and shall be located within 1,000 feet of one of the following intersections:
[1] 
Maple Avenue and Route 9W.
[2] 
Creble Road and Old School Road.
[3] 
Delaware Avenue and Elm Avenue.
[4] 
Route 9W and Corning Hill Road.
(c) 
The Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the nonresidential use does not interfere with the quiet enjoyment of adjoining residential properties. The additional setback area, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to adequately screen the parking area from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.
(3) 
Residential uses proposed for previously undeveloped property abutting a Rural, General Commercial, Rural Light Industrial, or Heavy Industrial District shall include a fifty-foot landscaped buffer set back from the adjoining district. The landscaped buffer shall be in addition to any other setback requirement for the lot and shall be planted with a mixture of evergreen and deciduous plantings. The Planning Board shall use its discretion to establish appropriate landscape buffer setbacks for redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(4) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
E. 
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any new development project involving undeveloped land in the Residential "A" District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(1) 
Encourage the installation of sidewalks.
(2) 
Encourage the integration of new subdivisions within the existing neighborhoods.
(3) 
The adaptive reuse of structures should be encouraged in such a way so as to complement the character of the existing neighborhood.
(4) 
The development of public parks, athletic facilities, educational amenities and other low-density uses that require large acreage should be encouraged.
(5) 
Existing tree rows and hedgerows, stone walls, and similar features should be retained as much as possible in the development of any new use or the expansion of any existing use.
(6) 
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(7) 
On-street parking should be discouraged with nonresidential uses.
(8) 
Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
(9) 
Where practicable, new buildings adjacent to existing structures should be designed in a manner consistent with the general architectural features of such existing structures in terms of form, materials, and fenestration and roof shape.
(10) 
New or in-fill buildings should be located in line with existing buildings to maintain the integrity of the existing building setback line of the street.
(11) 
Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, should be avoided to the extent possible.
A. 
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
B. 
Principal uses. See Schedule of Uses, § 128-99.
C. 
Accessory uses. Uses customarily accessory to and subordinate to a principal use.
(1) 
Location. An accessory building shall not be located in a front yard. For corner lots, a structure accessory to a single-family residential use may be located in a front yard, opposite the side yard as determined by the Building Inspector, and shall have a minimum setback of not less than 20 feet from the front property line. An accessory building may be located within the required side yard or rear yard setback, provided that such accessory building shall be set back not less than five feet from any side or rear lot line and shall be located not less than five feet from the principal structure unless fire rated as per applicable New York State Building Codes.
[Amended 10-8-2008 by L.L. No. 3-2008; 2-8-2012 by L.L. No. 1-2012]
(2) 
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
D. 
Specific regulations for the district:
(1) 
Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.
(2) 
Residential uses proposed for previously undeveloped property abutting a Rural, General Commercial, Rural Light Industrial, or Heavy Industrial District shall include a fifty-foot landscaped buffer set back from the adjoining district. The landscaped buffer shall be in addition to any other setback requirement for the lot and shall be planted with a mixture of evergreen and deciduous plantings. The Planning Board shall use its discretion to establish appropriate landscaped buffer setbacks for redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(3) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
E. 
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any new development project involving undeveloped land in the Residential "B" District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(1) 
Encourage the installation of sidewalks.
(2) 
Encourage the integration of new subdivisions within the existing neighborhoods.
(3) 
The adaptive reuse of structures should be encouraged in such a way so as to complement the character of the existing neighborhood.
(4) 
The development of public parks, athletic facilities, educational amenities and other low-density uses that require large acreage should be encouraged.
(5) 
Existing tree rows and hedgerows, stone walls, and similar features should be retained as much as possible in the development of any new use or the expansion of any existing use.
(6) 
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(7) 
On-street parking should be discouraged with nonresidential uses.
(8) 
Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
(9) 
Where practicable, new buildings adjacent to existing structures should be designed in a manner consistent with the general architectural features of such existing structures in terms of form, materials, and fenestration and roof shape.
(10) 
New or in-fill buildings should be located in line with existing buildings to maintain the integrity of the existing building setback line of the street.
(11) 
Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, should be avoided to the extent possible.
A. 
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
B. 
Principal uses. See Schedule of Uses, § 128-99.
C. 
Accessory uses. Uses customarily accessory to and subordinate to a principal use.
(1) 
Location. An accessory building shall not be located in a front yard. For corner lots, a structure accessory to a single-family or a two-family residential use may be located in a front yard, opposite the side yard as determined by the Building Inspector, and shall have a minimum setback of not less than 20 feet from the front property line. An accessory building may be located within the required side yard or rear yard setback, provided that such accessory building shall be set back not less than five feet from any side or rear lot line and shall be located not less than five feet from the principal structure unless fire rated as per applicable New York State Building Codes.
[Amended 10-8-2008 by L.L. No. 3-2008; 2-8-2012 by L.L. No. 1-2012]
(2) 
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
D. 
Specific regulations for the district.
(1) 
Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.
(2) 
Residential uses proposed for previously undeveloped property abutting a Rural, General Commercial, Rural Light Industrial, or Heavy Industrial District shall include a fifty-foot landscaped buffer set back from the adjoining district. The landscaped buffer shall be in addition to any other setback requirement for the lot and shall be planted with a mixture of evergreen and deciduous plantings. The Planning Board shall use its discretion to establish appropriate landscaped buffer setbacks for redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(3) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
E. 
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any new development project involving undeveloped land in the Residential "C" District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(1) 
Encourage the installation of sidewalks.
(2) 
Encourage the integration of new subdivisions within the existing neighborhoods.
(3) 
The adaptive reuse of structures should be encouraged in such a way so as to complement the character of the existing neighborhood.
(4) 
The development of public parks, athletic facilities, educational amenities and other low-density uses that require large acreage should be encouraged.
(5) 
Existing tree rows and hedgerows, stone walls, and similar features should be retained as much as possible in the development of any new use or the expansion of any existing use.
(6) 
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(7) 
On-street parking should be discouraged with nonresidential uses.
(8) 
Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
(9) 
Where practicable, new buildings adjacent to existing structures should be designed in a manner consistent with the general architectural features of such existing structures in terms of form, materials, and fenestration and roof shape.
(10) 
New or in-fill buildings should be located in line with existing buildings to maintain the integrity of the existing building setback line of the street.
(11) 
Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, should be avoided to the extent possible.
A. 
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
B. 
Principal uses. See Schedule of Uses, § 128-99.
C. 
Accessory uses. Uses customarily accessory to and subordinate to a principal use.
(1) 
Location. An accessory building shall not be located in a front yard. For corner lots, a structure accessory to a single-family residential use may be located in a front yard, opposite the side yard as determined by the Building Inspector, and shall have a minimum setback of not less than 20 feet from the front property line. An accessory building may be located within the required side yard or rear yard setback, provided that such accessory building shall be set back not less than five feet from any side or rear lot line and shall be located not less than five feet from the principal structure unless fire rated as per applicable New York State Building Codes.
[Amended 10-8-2008 by L.L. No. 3-2008; 2-8-2012 by L.L. No. 1-2012]
(2) 
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
D. 
Specific regulations for the district.
(1) 
Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.
(2) 
For uses involving the adaptive reuse conversion of a residential structure to nonresidential use, the following shall apply:
(a) 
The alteration or expansion of an existing building shall not cause the total building size (post construction) to exceed 15% of the total lot area.
(b) 
The lot shall derive access from a state or county highway and shall be located within 1,000 feet of one of the following intersections:
[1] 
Delaware Avenue and Elm Avenue.
[2] 
Delaware Avenue and Kenwood Avenue.
(c) 
The Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the nonresidential use does not interfere with the quiet enjoyment of adjoining residential properties. The additional setback area, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to adequately screen the parking area from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.
(3) 
Residential uses proposed for previously undeveloped property abutting a Rural, General Commercial, Rural Light Industrial, or Heavy Industrial District shall include a fifty-foot landscaped buffer set back from the adjoining district. The landscaped buffer shall be in addition to any other setback requirement for the lot and shall be planted with a mixture of evergreen and deciduous plantings. The Planning Board shall use its discretion to establish appropriate landscaped buffer setbacks for redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(4) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
E. 
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any new development project involving undeveloped land in the Core Residential District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(1) 
Encourage the installation of sidewalks.
(2) 
Encourage the integration of new subdivisions within the existing neighborhoods.
(3) 
The adaptive reuse of structures should be encouraged in such a way so as to complement the character of the existing neighborhood while avoiding the demolition of viable structures.
(4) 
Existing tree rows and hedgerows, stone walls, and similar features should be retained as much as possible in the development of any new use or the expansion of any existing use.
(5) 
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(6) 
Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from walkways, adjoining residences, and streets utilizing appropriate vegetation and/or fencing.
(7) 
Where practicable, new buildings adjacent to existing structures should be designed in a manner consistent with the general architectural features of such existing structures in terms of form, materials, and fenestration and roof shape.
(8) 
New or in-fill buildings should be located in line with existing buildings to maintain the integrity of the existing building setback line of the street.
(9) 
Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, should be avoided to the extent possible.
A. 
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
B. 
Principal uses. See Schedule of Uses, § 128-99.
C. 
Accessory uses. Uses customarily accessory to and subordinate to a principal use.
(1) 
Location. An accessory building shall not be located in a front yard. An accessory building may be located within the required side yard or rear yard setback, provided that such accessory building shall be set back not less than five feet from any lot line. An accessory building shall be located not less than five feet from the principal structure unless fire rated as per applicable New York State Building Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2) 
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
D. 
Specific regulations for the district.
(1) 
Where private central water and sanitary sewer systems are required, they shall be designed and constructed to accommodate at least 120% of the population to be served. Each such private central water or sanitary sewer system shall be connected to a municipal system when such service becomes available within 500 feet of any lot served by such system, as measured along a street providing frontage for such lot, where the capacity is available and such connection is permitted and approved by the district to which the connection is to be made.
(2) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
E. 
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any new development project involving undeveloped land in the Multifamily District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(1) 
Encourage the installation of sidewalks.
(2) 
Off-street parking should be located at the side or rear of buildings.
(3) 
The incorporation of small, landscaped front yards is encouraged.
(4) 
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located should be avoided.
(5) 
The primary entrances to any building should be oriented to the lot frontage.
(6) 
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(7) 
Cross-easements should be used to provide shared access to parking whenever possible.
(8) 
Off-street parking lot and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
A. 
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
B. 
Principal uses. See Schedule of Uses, § 128-99.
C. 
Accessory uses. Uses customarily accessory to and subordinate to a principal use.
(1) 
Location. An accessory building shall not be located in a front yard. For corner lots, a structure accessory to a single-family or a two-family residential use may be located in a front yard, opposite the side yard as determined by the Building Inspector, and shall have a minimum setback of not less than 20 feet from the front property line. An accessory building may be located within the required side yard or rear yard setback, provided that such accessory building shall be set back not less than five feet from any side or rear lot line and shall be located not less than five feet from the principal structure unless fire rated as per applicable New York State Building Codes.
[Amended 10-8-2008 by L.L. No. 3-2008; 2-8-2012 by L.L. No. 1-2012]
(2) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
(3) 
Height. An accessory structure shall not exceed 25 feet in height. Agricultural use buildings may exceed the height regulations applicable to nonagricultural use buildings. See § 128-10, Exceptions, of this chapter.
D. 
Specific regulations for the district.
(1) 
Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.
(2) 
Principal and accessory structures as part of a marina, campground or outdoor recreation facility shall be set back not less than 100 feet from all surrounding property lines. The setback shall not apply to a property line along the edge of the Hudson River.
(3) 
Residential uses proposed for previously undeveloped property abutting a Rural, Mixed Economic Development, Rural Light Industrial, or Heavy Industrial District shall include a fifty-foot landscaped buffer set back from the adjoining district. The landscaped buffer shall be in addition to any other setback requirement for the lot and shall be planted with a mixture of evergreen and deciduous plantings. The Planning Board shall use its discretion to establish appropriate landscaped buffer setbacks for redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(4) 
Notwithstanding any provision to the contrary, site plan review shall be required for all nonagricultural and nonresidential by-right uses proposed for property located within 100 feet of a residential district.
(5) 
Notwithstanding the provisions of § 128-100 of this chapter, the minimum lot size and maximum density unit for a subdivision or a land division pursuant to Chapter 103, Subdivision Regulations, shall be the minimum required to provide the separation distances and meet the design standards where on-site water supply and sewage disposal systems are required by the County of Albany Department of Health.
(6) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
E. 
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any new development project involving undeveloped land in the Rural Riverfront District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(1) 
Where practicable, encourage the development of walkways and improvements to the public open spaces within the public rights-of-way of all corridors.
(2) 
Encourage the preservation of a minimum of 50% open space in new subdivision design through the use of conservation subdivision.
(3) 
Where practicable, allow for continued public access to the waterfront and areas with views of the Hudson River.
(4) 
Existing tree rows and hedgerows, stone walls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(5) 
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(6) 
On-street parking should be discouraged.
(7) 
Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
(8) 
New buildings adjacent to existing structures should be designed in a manner consistent with the general architectural features of such existing structures in terms of form, materials, and fenestration and roof shape.
(9) 
All new streets in the Riverfront Rural District should be designed with rural characteristics, including minimal tree clearing, minimal grading and filling of existing topography, and usage of natural drainage where practicable.
(10) 
Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, should be avoided.
A. 
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
B. 
Principal uses. See Schedule of Uses, § 128-99.
C. 
Accessory uses. Uses customarily accessory to and subordinate to a principal use.
(1) 
Location. An accessory building shall not be located in a front yard setback. For corner lots, a structure accessory to a single-family or a two-family residential use may be located in a front yard, opposite the side yard as determined by the Building Inspector, and shall have a minimum setback of not less than 20 feet from the front property line. An accessory building may be located within the required side yard or rear yard setback, provided that such accessory building shall be set back not less than five feet from any side or rear lot line and shall be located not less than five feet from the principal structure unless fire rated as per applicable New York State Building Codes.
[Amended 10-8-2008 by L.L. No. 3-2008; 2-8-2012 by L.L. No. 1-2012]
(2) 
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
D. 
Specific regulations for the district.
(1) 
No single building shall have a building footprint exceeding 5,000 square feet. Exceptions may be granted by the Planning Board during its review of a site plan, where the Planning Board determines that the building facade is articulated to appear as multiple buildings, each part of which does not exceed a maximum building footprint of 5,000 square feet.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2) 
Parking in the front yard is prohibited. Off-street parking should be located at the side or rear of buildings.
(3) 
Drive-through facilities shall be located at the side or rear of buildings, out of view from public streets. Landscaping should be used to further reduce the visibility of drive-through facilities. Pedestrian safety and internal vehicular circulation shall be considered in the design of any drive-through facilities.
E. 
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any new development project involving undeveloped land in the Hamlet District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(1) 
Encourage the installation of sidewalks.
(2) 
The establishment of mixed-use, multistory dwellings is the preferred form of use.
(3) 
The concentration of multifamily dwelling units should be encouraged at or near the hamlet boundary to provide a graduation of density from the outer boundaries of the district.
(4) 
New or in-fill construction should be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape.
Mixed-use residential over restaurant.
(5) 
The incorporation of small, landscaped front yards should be encouraged with any new residential or commercial use if building is not built to the sidewalk edge.
[Amended 10-8-2008 by L.L. No. 3-2008]
(6) 
The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping should be encouraged in the hamlets.
(7) 
The adaptive reuse of existing structures should be encouraged in such a way so as to complement the character of the existing hamlet.
(8) 
Where practicable, existing tree rows and hedgerows, stone walls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(9) 
Additions to existing buildings should use materials and details complementary to those incorporated in the parent structure.
(10) 
Where practicable, new buildings adjacent to existing structures should be designed in a manner consistent with the general architectural features of such existing structures in terms of form, materials, and fenestration and roof shape.
(11) 
New buildings, or additions to existing buildings, should reflect any discernible pattern of window and door openings that is established among adjacent structures or is present in the existing building.
(12) 
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located should be avoided.
(13) 
The utilization of ribbon or continuous strip glazing in any building facade should be avoided.
(14) 
New buildings should have a roof shape similar in proportion, form and character to that which is present on the majority of the existing structures having frontage on the same corridor. Dead-flat roofs are generally inconsistent with the existing character of the Town and should be avoided, except where the size or type of the building requires a flat roof and facade variations and other architectural features can disguise the flatness of the roof.
(15) 
Any large building facade and the sides visible from the street corridor should incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.
(16) 
Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, should be avoided to the extent possible.
(17) 
Where private central water and sanitary sewer systems are required they shall be designed and constructed to accommodate at least 120% of the population to be served. Each such private central water or sanitary sewer system shall be connected to a municipal system when such service becomes available within 500 feet of any lot served by such system, as measured along a street providing frontage for such lot, where the capacity is available and such connection is permitted and approved by the district to which the connection is to be made.
(18) 
All streets should be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(19) 
The primary entrances to any building should be oriented to the lot frontage. Secondary entrances should be oriented to parking, plazas or parks.
(20) 
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(21) 
Where practicable, service alleys for deliveries and utility access should be established along rear property lines.
(22) 
On-street parking should be encouraged with nonresidential uses. Service alleys should access practicable, off-street parking spaces for residential uses.
Use landscaping, such as hedges, shrubs, or low walls of stone, brick, wood, wrought iron, or an acceptable substitute, to screen parking and create an edge along the sidewalk.
(23) 
Cross-easements should be used to provide shared access to parking whenever possible.
(24) 
Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
A. 
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
B. 
Principal uses. See Schedule of Uses, § 128-99.
C. 
Accessory uses. Uses customarily accessory to and subordinate to a principal use.
(1) 
Location. An accessory building shall not be located within a required front yard. An accessory building may be located within the required side or rear yard setback, provided that such accessory building shall be set back not less than two feet from any property line. An accessory building shall be located not less than five feet from the principal structure unless fire rated as per applicable New York State Building Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2) 
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
D. 
Specific regulations for the district. None.
E. 
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any new development project involving undeveloped land in the Commercial Hamlet District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(1) 
Encourage the installation of sidewalks.
(2) 
New or in-fill construction should be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape.
(3) 
The incorporation of small, landscaped front yards is encouraged with any new residential or commercial use (if building is not built to the sidewalk edge).
(4) 
The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged.
(5) 
Where practicable, existing tree rows and hedgerows, stone walls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(6) 
Additions to existing buildings should use materials and details complementary to those incorporated in the parent structure.
(7) 
Where practicable, new buildings adjacent to existing structures should be designed in a manner consistent with the general architectural features of such existing structures in terms of form, materials, and fenestration and roof shape.
(8) 
New buildings, or additions to existing buildings, should reflect any discernible pattern of window and door openings that is established among adjacent structures or is present in the existing building.
(9) 
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located should be avoided.
(10) 
The utilization of ribbon or continuous strip glazing in any building facade should be avoided.
(11) 
Dead-flat roofs are generally inconsistent with the existing character of the Town and should be avoided, except where the size or type of the building requires a flat roof and facade variations and other architectural features can disguise the flatness of the roof.
(12) 
Any large building facade and the sides visible from the transportation corridor should incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.
(13) 
Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, should be avoided to the extent possible.
(14) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(15) 
The primary entrances to any building should be oriented to the lot frontage. Secondary entrances should be oriented to parking, plazas or parks.
(16) 
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(17) 
Where practicable, service alleys for deliveries and utility access should be established along rear property lines.
(18) 
Drive-through facilities should be located at the side or rear of buildings and landscaping should be used to reduce the visibility of such facilities.
(19) 
Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-through facilities.
(20) 
On-street parking should be encouraged with nonresidential uses. Service alleys should access practicable, off-street parking spaces for residential uses.
(21) 
Cross-easements should be used to provide shared access to parking whenever possible.
(22) 
Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
A. 
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
B. 
Principal uses. See Schedule of Uses, § 128-99.
C. 
Accessory uses. Uses customarily accessory to and subordinate to a principal use.
(1) 
Location. An accessory building shall not be located in a front yard. For corner lots, a structure accessory to a single-family or a two-family residential use may be located in a front yard, opposite the side yard as determined by the Building Inspector, and shall have a minimum setback of not less than 20 feet from the front property line. An accessory building may be located within the required side yard or rear yard setback, provided that such accessory building shall be set back not less than five feet from any side or rear lot line and shall be located not less than five feet from the principal structure unless fire rated as per applicable New York State Building Codes.
[Amended 10-8-2008 by L.L. No. 3-2008; 2-8-2012 by L.L. No. 1-2012]
(2) 
Height. An accessory structure shall not exceed 25 feet in height, and in no event shall an accessory nonagricultural use structure exceed the height of the principal structure. Agricultural use buildings may exceed the height regulations applicable to nonagricultural use buildings. See § 128-10, Exceptions, of this chapter.
(3) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
D. 
Specific regulations for the district.
(1) 
Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.
(2) 
Shopping centers of 10,000 gross square feet of building area or less are permitted subject to site plan approval.
(3) 
With the exception of shopping centers, no single building should have a building footprint exceeding 5,000 square feet. Exceptions may be made only if the facades of larger buildings are articulated to appear as multiple buildings, each part of which does not exceed a maximum building footprint of 5,000 square feet.
E. 
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any new development project involving undeveloped land in the Rural Hamlet District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(1) 
Encourage the installation of sidewalks.
(2) 
The establishment of mixed-use, multistory dwellings is the preferred form of use.
(3) 
New or in-fill construction should be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape.
(4) 
The incorporation of small, landscaped front yards is encouraged with any new residential or commercial use (if building is not built to the sidewalk edge).
(5) 
The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged.
(6) 
The adaptive reuse of existing structures is encouraged.
(7) 
Where practicable, existing tree rows and hedgerows, stone walls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(8) 
Additions to existing buildings should use materials and details complementary to those incorporated in the parent structure.
(9) 
Where practicable, new buildings adjacent to existing structures should be designed in a manner consistent with the general architectural features of such existing structures in terms of form, materials, and fenestration and roof shape.
(10) 
New buildings, or additions to existing buildings, should reflect any discernible pattern of window and door openings that is established among adjacent structures or is present in the existing building.
(11) 
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located should be avoided.
(12) 
The utilization of ribbon or continuous strip glazing in any building facade should be avoided.
(13) 
New buildings should have a roof shape similar in proportion, form and character to that which is present on the majority of the existing structures having frontage on the same corridor. Dead-flat roofs are generally inconsistent with the existing character of the Town and should be avoided, except where the size or type of the building requires a flat roof and facade variations and other architectural features can disguise the flatness of the roof.
(14) 
Any large building facade and the sides visible from the transportation corridor should incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.
(15) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(16) 
The primary entrances to any building should be oriented to the lot frontage. Secondary entrances should be oriented to parking, plazas or parks.
(17) 
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(18) 
Where practicable, service alleys for deliveries and utility access should be established along rear property lines.
(19) 
Drive-through facilities should be located at the side or rear of buildings and landscaping should be used to reduce the visibility of such facilities.
(20) 
Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-through facilities.
(21) 
Service alleys should access practicable, off-street parking spaces for residential uses.
(22) 
Cross-easements should be used to provide shared access to parking whenever possible.
(23) 
Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
A. 
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
B. 
Principal uses. See Schedule of Uses, § 128-99.
C. 
Accessory uses. Uses customarily accessory to and subordinate to a principal use.
(1) 
Location. An accessory building shall not be located in a front yard. An accessory building may be located within the required side yard or rear yard setback, provided that such accessory building shall be set back not less than 10 feet from any lot line. An accessory building shall be located not less than five feet from the principal structure unless fire rated as per applicable New York State Building Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2) 
Height. An accessory building or structure shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
D. 
Specific regulations for the district. Buildings, parking lots, loading areas, and access aisles facing or adjacent to a residential district shall be set back an additional 100 feet from the minimum yard setback to provide a visual and noise buffer. The one-hundred-foot additional buffer, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to adequately screen the parking area from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.
E. 
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any new development project involving undeveloped land in the General Commercial District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(1) 
Where practicable, existing tree rows and hedgerows, stone walls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(2) 
The development of parks, commons, or small pedestrian plazas with amenities such as benches and landscaping should be encouraged.
(3) 
The creation of a safe pedestrian environment is a principal goal of the Town. The design of parking lots, access driveways, and streets should be designed to avoid and minimize the potential for pedestrian/vehicle conflicts.
Commercial developments may use small green spaces, courts, squares, parks, plazas, and similar spaces that can also function as community gathering places to provide transitions and ensure compatibility with surrounding noncommercial uses.
(4) 
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located should be avoided.
(5) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(6) 
The primary entrances to any building should be oriented to the lot frontage. Secondary entrances should be oriented to parking, plazas or parks.
(7) 
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(8) 
Encourage the installation of sidewalks.
All parking islands must be generously landscaped with native vegetation.
A clear, on-site system of pedestrian walkways must be provided. The pedestrian system must connect buildings to one another, to parking areas, and to public streets and sidewalks.
Facades of large buildings must be subdivided and proportioned using features such as windows, entrances, arcades, arbors and awnings.
A. 
General regulations.
(1) 
Development master plan required.
(a) 
No site plan or subdivision application shall be accepted or approved for any development project located on a parcel of land of five acres in size or more unless said application is preceded by Town Board approval of a development master plan encompassing the parcel and all other adjacent lands within the district owned and/or controlled by the project sponsor. For the purpose of this section, the term "parcel" shall be deemed to include all contiguous parcels, lots, sites and other contiguous land holdings within the Mixed Economic Development District that are owned and/or controlled by the project sponsor.
(b) 
A development master plan shall also be required on any parcel of less than five acres in size where the development project involves the subdivision of land.
(c) 
A development master plan shall consist of a concept plan for development or redevelopment of a parcel as defined above and shall be prepared and processed as described at Subsection F below. Such development may consist of a mixed development of primary and secondary uses, or a development of entirely primary uses. The development master plan shall show the primary and secondary uses proposed for development on the property and shall show a plan for the layout of lots. Where a mixed development is proposed, the building floor area devoted to secondary uses shall be limited as set forth below.
(2) 
Exceptions. A development master plan shall not be required in the following circumstances:
[Amended 2-24-2016 by L.L. No. 1-2016]
(a) 
For a development project on a parcel or collection of parcels of less than five acres, provided that said project does not involve a subdivision. However, such development project shall be subject to site plan review and approval by the Planning Board in accordance with § 128-71 of this chapter.
(b) 
For subdivision of land in order to create a parcel or lot for development of a solar photovoltaic PV system, provided the parcel or lot so created is five acres or less in area and is used only for the development of a solar photovoltaic PV system and accessory uses associated therewith.
B. 
Permitted uses.
(1) 
Primary uses. Primary uses that are permitted in the district include office, light industrial, manufacturing and technology-based businesses and such other uses that are identified as permitted primary uses in the Schedule of Uses, § 128-99 of this chapter. Primary uses may comprise up to 100% of the gross floor area of the structure(s) on a development site.
(2) 
Secondary uses. Secondary uses that are permitted in the district include service businesses, restaurants, entertainment uses, small-scale retail uses, fitness clubs, and such other uses that are identified as permitted secondary uses in the Schedule of Uses, § 128-99 of this chapter. Secondary uses are intended to provide support services to primary uses in the Mixed Economic Development District and uses within the surrounding neighborhoods. The amount of building floor area devoted to secondary uses is intended to be restricted. Within the geographic area covered by an approved development master plan, the total gross floor area devoted to secondary uses shall not exceed 30% of the total gross floor area of all buildings located in said geographic area. Secondary uses are permitted on parcels that require a development master plan only when such uses are approved by the Town Board as part of the development master plan.
(3) 
Accessory uses. Uses that are customarily accessory to, incidental and subordinate to a primary use or a secondary use shall also be permitted on the same lot as the primary or secondary use.
(4) 
Residential uses.
(a) 
The establishment of one-, two-, three- and four-family dwellings is prohibited.
(b) 
Multifamily dwellings are permitted as a secondary use only when approved by the Town Board as part of a development master plan. The maximum residential use density is eight units per acre. Multifamily dwellings shall also be subject to the maximum floor area requirements for secondary uses as specified below.
(c) 
Exemption. Existing single-family homes shall be considered a permitted use, shall be permitted to expand and shall be exempt from the maximum floor area requirements.
(5) 
Alternative calculation of maximum secondary uses. Applications for a development master plan for which, as of the effective date of this chapter, the Town Board has adopted resolutions making a State Environmental Quality Review Act determination pursuant to 6 NYCRR 617.7 of the State Environmental Quality Review Act and approving the draft environmental impact statement scoping document shall be subject to the following alternative calculation of maximum secondary uses. For such applications, secondary uses shall not comprise more than 30% of the developable acreage of the site, and the total gross floor area devoted to secondary uses shall not exceed 50% of the total floor area of all buildings located within the geographic area covered by an approved development master plan.
C. 
Site development standards for parcels that require a development master plan. The following site development standards shall apply to parcels of five acres or more that require or are covered under a site development master plan.
(1) 
Multifamily dwellings. Multifamily dwellings shall be considered a permitted secondary use on parcels requiring a development master plan and shall be subject to the maximum floor area requirements for secondary uses specified below. Multifamily dwellings may include attached single-family dwellings that are arranged in buildings containing five or more dwelling units.
(2) 
Maximum floor area for secondary uses. Subject to the above alternative calculation of maximum secondary uses, within the geographic area covered by a development master plan, the total gross floor area devoted to secondary uses shall not exceed 30% of the total gross floor area of all structures within said geographic area. The distribution of permitted floor area for secondary uses among the various lots that may comprise a development project shall be established by the Town Board at the time of approval of the development master plan.
(3) 
Timing of approval and construction for secondary uses. Within the geographic area covered by a development master plan, at no time shall the total amount of floor area devoted to secondary uses constructed or under construction exceed 50% of the total floor area constructed or under construction devoted to all uses within said geographic area. In addition, at no time shall the total amount of constructed floor area devoted to secondary uses exceed the maximum amount approved within the geographic area covered by a development master plan.
(4) 
Maximum impervious surface area. The maximum impervious surface area permitted within the geographic area covered by a development master plan shall be 60% of the land area within said geographic area. The calculation of maximum impervious surface area shall include the square footage of the footprint of all primary and secondary use structures, parking areas, driveways, private streets and other impervious surfaces but shall exclude sidewalks and public streets.
(5) 
Area, yard and bulk requirements. Except as otherwise provided in this section, the Town Board, as part of its review of a development master plan, shall determine the minimum area, yard, setback and bulk requirements for each development project. In making its determination, the Town Board shall be guided by the standards and requirements found elsewhere in this chapter for development projects of a similar nature.
(6) 
Height. The maximum height of buildings shall be the lesser of four stories or 60 feet west of the New York State Thruway and the lesser of three stories or 45 feet east of the New York State Thruway.
(7) 
Minimum lot size. The minimum lot size shall be one acre for individual lots within an area covered by a development master plan.
(8) 
Minimum lot size for mixed-use projects. The minimum lot size shall be two acres for individual lots supporting a mixed-use project within an area covered by a development master plan.
(9) 
Minimum setback to master plan boundary. The minimum yard setback to the boundary of the area covered by a development master plan shall be 100 feet where said boundary is adjacent to a residential zoning district or 50 feet where said boundary is adjacent to a nonresidential zoning district. This setback requirement shall not apply where the boundary coincides with the right-of-way of an existing public street. No parking areas, driveways, buildings or similar structures shall be permitted in the minimum yard setback, except that driveways providing direct access from adjoining lots shall be allowed.
(10) 
Minimum arterial setback. The minimum yard setback along an arterial highway shall be 30 feet from the highway property line or 80 feet from the center line of pavement of the arterial highway, whichever produces the greater distance. No parking areas, driveways, buildings or similar structures shall be permitted in the minimum yard setback, except that driveways providing direct access from the arterial shall be allowed.
(11) 
Signage. At the time of its approval of a development master plan, the Town Board shall establish sign standards for the development project, including the allowable number, maximum size, type, and style of signs. Individual signs shall be reviewed for conformance with the established standards and shall be subject to approval by the Planning Board as part of a subdivision or site plan application. In establishing said standards, the Town Board shall be guided by the general sign requirements found at § 128-59 of this chapter and the specific sign standards applicable to projects of a similar nature.
(12) 
Parking. Parking requirements in a Mixed Economic Development District shall be as required in § 128-56 of this chapter.
D. 
Site development standards for parcels that do not require a development master plan. The following site development standards shall apply to parcels that do not require, or are not covered under, a site development master plan.
(1) 
Minimum lot size. Minimum lot size shall be 10,000 square feet.
(2) 
Minimum front yard. Minimum front yard shall be 30 feet from the highway property line or 55 feet from the center line of pavement, whichever produces the greater distance. In the case of arterial highways, the minimum distance from the center line of pavement shall be 80 feet.
(3) 
Minimum side yard. Minimum side yard shall be 10 feet.
(4) 
Minimum rear yard. Minimum rear yard shall be 40 feet.
(5) 
Minimum highway frontage. Minimum highway frontage shall be 100 feet.
(6) 
Maximum building height. Maximum building height shall be 35 feet.
(7) 
Minimum lot depth. Minimum lot depth shall be 150 feet.
(8) 
Minimum lot width. Minimum lot width shall be 100 feet.
(9) 
Maximum lot coverage. Maximum lot coverage shall be 60%. The calculation of maximum lot coverage shall include the square footage of the footprint of all primary and secondary use structures, accessory structures, driveways and parking areas.
(10) 
Maximum floor area ratio for secondary uses. The maximum floor area ratio applicable to all secondary uses that are not part of a development master plan shall be 0.1.
(11) 
Signage. Signs shall be subject to the sign regulations found at § 128-59 of this chapter and the specific regulations applicable to signs in the Rural Hamlet District (RH) found at § 128-59D.
(12) 
Parking. Parking requirements shall be as required in § 128-56 of this chapter.
E. 
Miscellaneous standards.
(1) 
Accessory structures.
(a) 
Location. An accessory building shall not be located in a front yard. An accessory building may be located within the required side yard or rear yard setback, provided that such accessory building shall be set back not less than five feet from any lot line. An accessory building shall be located not less than five feet from the principal structure unless fire rated as per applicable New York State Building Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(b) 
Height. An accessory building shall not exceed a height of 25 feet. (See also § 128-10, Exceptions, of this chapter.)
(c) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
F. 
Procedures for approval of a development master plan. The development of any primary or secondary use(s) in a Mixed Economic Development District is subject to approval of a development master plan by the Town Board and site plan and/or subdivision approval by the Planning Board, as follows:
(1) 
Applicant. An application for approval of a development master plan shall be made in writing to the Town Board. Application shall be made by the owner(s) of the land(s) to be included in the project or by a person or persons holding an option to purchase the lands contingent only upon approval of the application. In the event an application is made by a person or persons holding an option to purchase the lands, the application shall be accompanied by a statement signed by all owners of such land indicating concurrence with the application. All approved plans shall be binding on all owners and their successors and assigns.
(2) 
Applications. All applications for development master plan approval shall be in writing and on forms and in such quantity as may be prescribed by the Town Board. The application must include a Part 1 full environmental assessment form. No application shall be deemed complete until a negative declaration has been issued or until a draft environmental impact statement has been accepted by the Town Board, as the lead agency, as satisfactory with respect to scope, content and adequacy. The application shall include the information and materials as described in § 128-40C(2) of this chapter, unless otherwise waived by the Department of Economic Development and Planning.
(3) 
Fees. An application shall be accompanied by an application fee as set by the Town Board. All application fees are in addition to any required escrow fees and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA).[1] If the Town Board or the Planning Board requires professional review of the application by a designated private planning, engineering, legal or other consultant, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
(4) 
Review and approval of a development master plan. The review and approval of a development master plan shall be conducted in accordance with the following procedures:
(a) 
Town Board review. An application for development master plan approval shall be submitted to the Town Board. Upon receipt of an application the Town Board shall notify the applicant of the place, date, and time of the meeting at which the application is to be considered and shall refer the application to the Planning Board for review and recommendation. The applicant or the applicant's representatives shall be present at meetings of the Town Board and the Planning Board at which the application is to be considered. Although not required, applicants are encouraged to commence discussions with the owners of land abutting or in proximity to the project site to ascertain local concerns and local development issues early in the project design process.
(b) 
Planning Board review. Within 60 days of receipt of the application from the Town Board, the Planning Board shall make a recommendation to the Town Board as to whether in the opinion of the Planning Board the development master plan meets generally accepted planning and engineering standards for approval and whether is it generally in conformance with the Town Comprehensive Plan. The Planning Board shall also indicate any changes to the development master plan that, in the opinion of the Planning Board, are necessary or desirable to achieve one or more of the goals of the Town Comprehensive Plan, this chapter, or Chapter 103, Subdivision Regulations. Failure of the Planning Board to provide a recommendation within the specified time shall be deemed a recommendation to approve the development master plan.
(c) 
Town Board action. Within 62 days of receipt of a complete application, the Town Board shall hold a public hearing on the development master plan.
[1] 
Notice of the public hearing shall be published in the official newspaper at least five days prior to the date set for public hearing. The Town Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the application, including the prominent placement of one or more signs on the premises that is the subject of the application notifying interested persons that an application for a development master plan is under consideration by the Board. All notices shall include the name of the project, the location of the project site, and the date, place, time and subject of the public hearing at which the application will be reviewed. Such notice shall not be required for adjourned dates. Where required an agricultural data statement shall be mailed to the owners of land as identified by the applicant in the agricultural data statement.
[2] 
Within 62 days of the close of the public hearing the Town Board shall act to approve or disapprove the development master plan application. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board.
[3] 
The Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its approval any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, conditions related to visual and acoustical screening, land use mixes, order of construction and/or occupancy, circulation systems, both vehicular and pedestrian, availability of sites within the area for necessary public services, such as schools, firehouses and libraries, protection of natural and/or historic sites and other such requirements to meet the physical or social demands generated by the development. The Town Board shall establish at this time its requirements with respect to land use intensity and/or dwelling unit density, lot and bulk standards, signage standards, and the land uses that will be permitted, including any secondary and accessory uses. In considering the application, the Town Board shall be guided by the criteria in Subsection I below.
[4] 
The decision of the Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant.
(5) 
Time limits.
[Amended 2-8-2012 by L.L. No. 1-2012]
(a) 
Following approval of a development master plan by the Town Board, the owner/applicant shall have three years from the date of said approval to commence implementation of the master plan (or a portion thereof) by filing a complete application for site plan and/or subdivision approval with the Planning Board. In the event a complete application is not filed within the prescribed time, approval of the development master plan shall become null and void and all rights therein shall cease unless the Town Board authorizes an extension. A complete application shall be defined as indicated in § 128-22 of this chapter, or as described in § 103-13D or § 103-14H of the Town Code.
(b) 
If construction work on the proposed development project is not begun within the time periods specified in the development master plan approval or if such work is not completed within the period of time specified by such development master plan approval, approval of the development master plan shall become null and void and all rights therein shall cease unless the Town Board authorizes an extension.
G. 
Approval of projects following approval of a development master plan.
(1) 
Site plan approval required. Site plan review and approval by the Planning Board as provided in § 128-71 of this chapter shall be required prior to the issuance of a building permit for development in a Mixed Economic Development District. Changes to a previously approved site plan shall also require site plan approval. The site plan application may address development of a portion of the area covered by a development master plan or it may address development of the whole area covered by the master plan. Development projects that do not require prior approval of a development master plan shall also require site plan approval.
(2) 
Subdivision approval. If the development proposal involves a land division or the subdivision of land as defined in this chapter and Chapter 103, Subdivision Regulations, the subdivision approval of the Planning Board pursuant to Chapter 103 shall also be required. Where practicable, the Planning Board shall conduct its review of an application for site plan approval coincident with its review of an application for subdivision approval.
(3) 
Conformity with development master plan required. The Planning Board shall not approve any site plan and/or subdivision within an area covered by an approved development master plan unless the Board finds that the site plan and/or subdivision is in substantial conformance with said master plan and all additional conditions and requirements imposed by the Town Board at the time of its approval of the master plan.
H. 
Request for changes to the development master plan. If during the site plan and/or subdivision review it becomes apparent that certain elements of the development master plan as approved by the Town Board are infeasible and in need of significant modification, the applicant shall then present a solution to the Planning Board. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the development master plan approval. If a negative decision is reached, the site plan and/or subdivision plat shall be considered as disapproved. The owner/applicant may then produce another site plan and/or subdivision plat in conformance with the approved development master plan. The owner/applicant may also apply directly to the Town Board for an amendment to the development master plan. Any such amendment shall be subject to the same procedures as a new application.
I. 
Design guidelines. The following guidelines shall be considered by the Town Board in its review of a proposed development master plan and by the Planning Board in its review of a site plan and/or subdivision plan. The Town Board and Planning Board shall use their discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(1) 
The development of parks, commons, or small pedestrian plazas with amenities such as benches and landscaping should be encouraged.
(2) 
Where practicable, existing tree rows and hedgerows, stone walls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(3) 
New buildings, or additions to existing buildings, should reflect any discernible pattern of window and door openings that is established among adjacent structures or that is present in the existing building.
(4) 
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located should be avoided.
(5) 
All streets shall be designed to permit the installation of electric, water, sewer, and gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(6) 
The primary entrances to any building should be oriented to the lot frontage. Secondary entrances should be oriented to parking, plazas or parks.
(7) 
Where practicable, the number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
A. 
Minimum lot area, yard, setback and height requirements.
(1) 
See Schedule of Area, Yard and Bulk Requirements, § 128-100.
(2) 
See § 128-10, Exceptions.
B. 
Principal uses.
[Amended 10-8-2008 by L.L. No. 3-2008]
(1) 
See Schedule of Uses, § 128-99.
(2) 
Exemption. Existing single-family homes shall be considered a permitted use, shall be permitted to expand and shall be exempt from the maximum floor area requirements.
C. 
Accessory uses. Uses customarily accessory to and subordinate to a principal use.
(1) 
Location. An accessory building shall not be located in a front yard setback. An accessory building may be located within the required side yard or rear yard setback, provided that such accessory building shall be set back not less than 10 feet from any lot line. An accessory building shall be located not less than five feet from the principal structure unless fire rated as per applicable New York State Building Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2) 
Height. An accessory building shall not exceed a height of 18 feet or a height of 50% of the height of the principal structure, whichever is greater. See § 128-10, Exceptions, of this chapter.
(3) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
D. 
Specific regulations for the district.
(1) 
Buildings, parking areas, access aisles, parking spaces and outdoor storage areas for nonresidential and nonagricultural uses located on property adjacent to a residential zoning district shall be set back no less than 100 feet from the required minimum yard setback along each yard that abuts said residential district. The one-hundred-foot additional setback, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to adequately screen the parking area, outdoor storage and on-site activity from neighboring residential properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(3) 
All equipment, electrical substations, and mechanical devices shall be shielded from view from the main roadways.
(4) 
Warehousing or storage of products for distribution is permitted. All outdoor storage of goods or materials shall be screened from view from the main roadways.
E. 
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any new development project involving undeveloped land in the Heavy Industrial District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(1) 
Where practicable, existing tree rows and hedgerows, stone walls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(2) 
Industrial processes and operations should be enclosed.
(3) 
Truck loading and unloading are confined to on-site areas. All loading and unloading areas should be shielded from view by the main roadways.
(4) 
All outdoor storage of goods or materials should be screened from view from the main roadways.
A. 
Minimum lot area, yard, setback and height requirements.
(1) 
See Schedule of Area, Yard and Bulk Requirements, § 128-100.
(2) 
See § 128-10, Exceptions.
B. 
Principal uses. See Schedule of Uses, § 128-99.
C. 
Accessory uses. Uses customarily accessory to and subordinate to a principal use.
(1) 
Location. An accessory building shall not be located in a front yard setback. Notwithstanding, a farm stand for the sale of agricultural products may be located within a front yard setback. For corner lots, a structure accessory to a single-family or a two-family residential use may be located in a front yard, opposite the side yard as determined by the Building Inspector, and shall have a minimum setback of not less than 20 feet from the front property line. An accessory building may be located within the required side yard or rear yard setback, provided that such accessory building shall be set back not less than five feet from any lot line. An accessory building shall be located not less than five feet from the principal structure unless fire rated as per applicable New York State Building Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2) 
Height. An accessory building shall not exceed 25 feet in height. Agricultural use buildings may exceed the height regulations applicable to nonagricultural use buildings. See § 128-10, Exceptions, of this chapter.
(3) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
D. 
Specific regulations for the district.
(1) 
Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.
(2) 
Notwithstanding any other provision of this chapter to the contrary, site plan review shall be required for all nonagricultural and nonresidential by-right uses proposed for property located within 100 feet of a residential district.
(3) 
Subdivisions are allowed subject to the requirements of Chapter 103, Subdivision Regulations. In addition, residential structures associated with agricultural operations are permitted.
(4) 
Buildings, parking areas, access aisles, parking spaces and outdoor storage areas for nonresidential and nonagricultural uses located on property adjacent to a residential zoning district shall be set back no less than 100 feet from the required minimum yard setback along each yard that abuts said residential district. The one-hundred-foot additional setback, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to adequately screen the parking area, outdoor storage and on-site activity from neighboring residential properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.
[Amended 2-8-2012 by L.L. No. 1-2012]
(5) 
All equipment, electrical substations, and mechanical devices shall be shielded from view from the main roadways.
(6) 
Warehousing and storage of products for distribution is permitted. All outdoor storage of goods or materials shall be screened from view from the main roadways.
E. 
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any new development project involving undeveloped land in the Rural Light Industrial District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(1) 
Encourage the use of farmstead design.
(2) 
Where practicable, existing tree rows and hedgerows, stone walls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(3) 
The creation of a safe pedestrian environment is a principal goal of the Town. The design of parking lots, access driveways, and streets shall be designed to avoid and minimize the potential for pedestrian/vehicle conflicts.
(4) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(5) 
Buildings composed of closed-sided covered structures are encouraged.
(6) 
Truck loading and unloading is confined to on-site areas. All loading and unloading areas should be screened from view by the main roadways.
A. 
Purpose. Planned development districts (PDD) are intended as floating zones to provide for new residential uses in which economies of scale or creative architectural or planning concepts may be utilized by the developer without departing from the spirit and intent of this chapter. In no case shall the regulations of this section be so interpreted as to circumvent the benefits of this chapter to the owners or residents of such development or the owners or residents of adjacent properties. Planned development districts and building projects within planned development districts may be established in accordance with the procedure specified below.
B. 
General regulations.
(1) 
Location. Planned development districts may be established at locations designated by the Town Board acting independently or on the basis of an application. In establishing the location of a PDD, compatibility with the Town Comprehensive Plan and the criteria for rezoning found at Subsection C(11) shall be considered.
(2) 
Permitted uses. All uses permitted within a planned development district shall be determined by the provisions of this section and the district plan approved at the time of rezoning to PDD. Permitted uses shall consist of primary uses, secondary uses and accessory uses as described below:
(a) 
Primary uses. Residential uses shall constitute the primary uses permitted in a PDD. Residences may be any of a variety of dwelling unit types as identified below. In developing a balanced community, the use of a variety of housing types shall be deemed most in keeping with this section:
[1] 
Single-family dwellings.
[2] 
Two-family dwellings.
[3] 
Three-family dwellings.
[4] 
Four-family dwellings.
[5] 
Multifamily dwellings.
[6] 
Senior citizen housing.
[7] 
Assisted and/or assistive living facilities.
[8] 
Any other residential use recommended by the Planning Board and approved by the Town Board.
(b) 
Secondary noncommercial uses. Secondary uses may consist of noncommercial religious, recreational, educational or community service uses specifically approved by the Town Board as part of a district plan. Such uses may include the following:
[1] 
Parks and recreational areas.
[2] 
Community buildings and activity spaces.
[3] 
Churches.
[4] 
Schools.
[5] 
Day-care center.
[6] 
Nursery school.
[7] 
Any other similar use as recommended by the Planning Board and approved by the Town Board.
(c) 
Secondary commercial and service uses.
[1] 
Neighborhood commercial and service business uses are permitted where:
[a] 
The scale of such uses is compatible with the scale and character of the planned development district and its surrounding neighborhoods;
[b] 
The uses can reasonably be expected to provide goods and/or services to surrounding residential neighborhoods; and
[c] 
Such uses are specifically approved by the Town Board as part of the rezoning and district plan.
[2] 
The total floor area of all structures devoted to secondary commercial and service uses shall not exceed 20% of the total floor area of all structures in the PDD.
(d) 
Customary accessory uses. Uses that are customary, incidental and subordinate to the principal use of a lot within the PDD shall also be permitted on said lot. See Article IV, Word Usage and Definitions, of this chapter.
(3) 
Intensity of land use. The Town Board shall, at the time of rezoning to PDD, and after recommendation from the Planning Board, establish as part of the district plan for each PDD the permitted land use intensity and/or dwelling unit density for the PDD. The determination of dwelling unit density shall be documented, including the facts, opinions and judgments relied on in the selection of the density. In no case shall the permitted density exceed the maximum density established at Subsection H of this section.
(4) 
Common property in a planned development district. Common property in a planned development district may consist of a parcel or parcels of land, together with improvements thereon, the ownership, use and enjoyment of which are shared by the individual lot owners and/or occupants of the district. When common property exists, arrangements satisfactory to the Town Board must be made for the improvement, operation and long-term maintenance of such common property following procedures approved by the New York State Attorney General. Responsibility for ownership and maintenance of all common property and facilities must be explicitly established by a legally binding instrument acceptable to the Town Attorney. For the purpose of this subsection, "common property" shall include both the land and any private facilities and/or improvements located thereon, including but not limited to private streets, driveways, infrastructure, parking areas, open space and recreation areas.
C. 
Establishment of a planned development district.
(1) 
Application. Application for establishment of a planned development district by amendment of this chapter shall be made in writing to the Town Board. Application shall be made by the owner(s) of the land(s) to be included in the district or by a person or persons holding an option to purchase the lands contingent only upon approval of the application for the change of zone. In the event an application is made by a person or persons holding an option to purchase the lands, the application shall be accompanied by a statement signed by all owners of such land indicating concurrence with the application.
(2) 
Application materials and district plan. In order for the Town Board to reach an understanding of the appropriateness of rezoning at the earliest opportunity, the applicant shall submit a district plan of the proposed PDD in sufficient quantity as determined by the Town. The district plan to be complete shall consist at minimum of the following:
(a) 
A metes and bounds description of the proposed district.
(b) 
A survey of the parcel prepared and certified by a licensed land surveyor.
(c) 
A map drawn to scale showing existing conditions of the parcel, including:
[1] 
Name and address of owner of record (and applicant if different).
[2] 
Name of person or firm preparing the map.
[3] 
Date, North arrow and map scale.
[4] 
Names of owners of abutting parcels.
[5] 
Acreage of parcel and county tax map number.
[6] 
Boundaries of the parcel plotted to scale.
[7] 
Location and width of existing and proposed state, county, or Town highways or streets and rights-of-way abutting or within 200 feet of the parcel.
[8] 
Location and outline of existing structures both on the parcel and within 100 feet of the property line.
[9] 
Location of any existing storm or sanitary sewers, culverts, waterlines, hydrants, catch basins, manholes, etc., as well as other underground or aboveground utilities within or adjacent to the parcel.
[10] 
Existing zoning and location of zoning boundaries.
[11] 
Location and outline of existing water bodies, streams, marshes or wetland areas and their respective classification as determined by the appropriate governmental regulatory body.
[12] 
Approximate boundaries of any areas subject to flooding or stormwater overflow.
[13] 
Location and outline of existing clusters of vegetation extending for a distance of no less than 50 feet onto adjoining property.
[14] 
Freestanding trees with a caliper of 18 inches or greater located within the parcel.
[15] 
Existing contours at an interval of five feet (or less) and extending for a distance of no less than 50 feet onto adjoining property. (Note: Two-foot contour intervals will be required at the time of detailed site plan or subdivision review of the project. To the extent that a two-foot contour interval is available, or has been obtained, the applicant is encouraged to submit this information at the redistricting phase of the review.)
[16] 
Identification of any other significant natural features.
[17] 
Identification of constrained lands as defined at § 128-22 of this chapter.
[18] 
A map depicting the total developable acreage of the project site.
(d) 
A preliminary plan for development of the district, drawn approximately to scale, though it need not be to the precision of a finished engineering drawing, clearly showing the following:
[1] 
The approximate location and dimensions of proposed principal and accessory buildings on the site, their relationship to one another and to other structures in the vicinity, as well as the number of dwelling units by housing type, size, and number of bedrooms, plus a calculation of the density, in dwelling units per acre.
[2] 
The location, scale, approximate dimensions, floor area, and type of any secondary commercial, service or other nonresidential use proposed for the site and its relationship to residential uses and adjoining properties.
[3] 
The approximate location, layout and dimensions of vehicular traffic circulation features of the site, including proposed roadways, internal driveways, parking and loading areas and proposed access to the site.
[4] 
The approximate location, type, layout and nature of proposed pedestrian circulation systems on the site.
[5] 
The proposed location, type and layout and approximate size of playgrounds, recreational areas, and open space proposed for the site and the general location of such facilities in respect to the proposed buildings to be erected on the site.
[6] 
The approximate height, bulk and intended use of buildings on the site and an architectural concept plan prepared in sufficient detail to show the mass, form and general architectural style of proposed buildings on the site and their compatibility with nearby land uses. Single-family detached homes shall be exempt from this requirement unless the Planning Board or Town Board specifically requires an architectural concept plan for such housing.
[7] 
The proposed safeguards to be provided to minimize possible detrimental effects of the proposed development on adjacent properties and the neighborhood in general, including any proposed concept plan for landscaping, tree preservation and/or for buffering to adjacent properties.
[8] 
The proposed source of water supply and how it will be brought to the site, including a preliminary plan for distribution within the development.
[9] 
A preliminary plan for the collection and disposal of sanitary wastes from the site.
[10] 
A preliminary stormwater management plan for the property, showing the proposed stormwater collection and management system, including discharge points and provisions intended for MS4 Phase II Stormwater compliance pursuant to General Permit GP-02-01, any renewals and extensions thereto and Chapter 98 of the Code of the Town of Bethlehem.
[Amended 11-14-2007 by L.L. No. 7-2007]
[11] 
A preliminary site grading plan at intervals of five feet or less.
[12] 
Approximate location of land to be dedicated to the Town.
[13] 
Preliminary identification of areas that will be disturbed by project implementation and areas that will remain undisturbed.
[14] 
Other information as may be required by the Town Board or Planning Board.
(e) 
A vicinity map showing the proposed use in relation to existing zoning and land use within 1/4 mile of the site.
(f) 
A narrative describing the proposed project, including the desirability and/or public benefit of the proposed land use in the proposed location; the existing character, land use and zoning of the surrounding neighborhood; and the need for the project in the context of the Comprehensive Plan.
(g) 
A completed application form and full environmental assessment form.
(h) 
A fiscal impact analysis of the proposed project as compared to development of the site under its current zoning classification.
[Added 2-8-2012 by L.L. No. 1-2012]
(3) 
SEQRA review for rezoning to PDD. As the agency "principally responsible for undertaking, funding or approving" [6 NYCRR 617.2(u)] the PDD zoning amendment, the Town Board is hereby designated the lead agency pursuant to 6 NYCRR 617 for review of all applications to establish or amend a PDD or district plan. No application shall be deemed complete until a negative declaration has been issued or until a draft environmental impact statement has been accepted by the Town Board as satisfactory with respect to scope, content and adequacy. The SEQRA review shall be processed in accordance with 6 NYCRR Part 617 and in accordance with the following:
(a) 
Town Board as lead agency. The Town Board shall assume and shall carry out all of the required duties of a lead agency as specified in 6 NYCRR 617, including but not limited to issuance of a determination of significance, adoption of a negative declaration, scoping, determining the completeness of a draft and a final environmental impact statement (EIS), convening of a public hearing on a draft EIS, and adoption of a findings statement. In performing these duties the Town Board shall, as early in the consideration of the project as possible, rely on the expertise of the Planning Board and the Department of Economic Development and Planning to identify the relevant environmental issues and the severity of potential impacts associated with the PDD application. The Town Board may, consistent with the requirements of SEQRA, adopt the recommendations of the Planning Board and/or the Department on any matter related to the environmental review, including the implementation of project changes or mitigation measures to avoid or to minimize the potential adverse environmental effects of the PDD project.
(b) 
Planning Board as involved agency. As an involved agency the Planning Board has the responsibility to review the potential environmental effects of the proposed PDD; provide the Town Board with its recommendation and any supporting information it may have that may assist the Board in making its determination of significance; identify during the scoping process potentially significant adverse impacts that should be considered in the DEIS; review and comment in a timely manner on the EIS if it has concerns which need to be addressed; and participate as may be needed in any public hearing. The Planning Board shall, pursuant to Subsection C(6)(a), make a recommendation to the Town Board as to whether a draft EIS should be prepared and shall include a written statement of reasons to support its recommendation.
(c) 
Department of Economic Development and Planning. As an interested agency the Department has a responsibility to the Town Board to make known its views on the action, particularly with respect to matters related to zoning compliance, engineering and public safety matters within its expertise and jurisdiction.
(4) 
Application fees. An application shall be accompanied by an application fee as set by the Town Board. All application fees are in addition to any required escrow fees and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). In addition, if the Board requires professional review of the application by designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, the reasonable cost of said reviews shall be funded by the applicant with deposits made to an escrow account established for this purpose.
(5) 
Initial determination and Planning Board referral. Upon receipt of a proposed district plan and application to establish a PDD, the Town Board shall determine whether or not it will further consider the PDD application. If the Town Board determines that the application will be further considered it shall refer the application, including the proposed district plan, SEQRA documentation and related materials, to the Planning Board for a recommendation on both the proposed zoning amendment and SEQRA determination of significance.
(6) 
Planning Board review.
(a) 
SEQRA recommendation and review period.
[Amended 10-8-2008 by L.L. No. 3-2008]
[1] 
The Planning Board shall, within 120 days of the date of referral, issue a report to the Town Board recommending a SEQRA determination of significance and shall provide supporting reasons for its recommendation. In making its recommendation, the Planning Board shall consider the guidelines and criteria for determining significance found at 6 NYCRR Part 617.7. If the Planning Board determines that there is insufficient information upon which to base a recommendation it shall so notify the Town Board within 120 days of the date of referral and shall specify the additional information that it will require to make such recommendation. Notwithstanding the provisions of this subsection, the Planning Board and applicant may by mutual consent agree to an extension of the period for Planning Board review. Where an extension of time has been granted by the Planning Board or where the Planning Board has notified the Town Board that there is insufficient information upon which to base its recommendation, the time frames for action by the Planning Board and Town Board shall be extended accordingly.
[2] 
Exception. The Planning Board may forego consideration and issuance of a recommendation on the SEQRA determination of significance in instances where the Planning Board has determined that it will recommend denial of the zone change request. In such instances, the Planning Board shall issue its recommendation on the proposed zone change within the above-noted time period of 120 days.
(b) 
Zoning recommendation and review period. Subsequent to making its recommendation on a SEQRA determination of significance, the following procedures and time periods shall apply to the Planning Board's consideration of the zoning amendments:
[1] 
Negative declaration. Where the Planning Board has recommended that a negative declaration be issued on the PDD application, the Planning Board shall, within 31 days of issuing said recommendation, also issue a report to the Town Board recommending that the zone change request be approved, approved with modifications, or denied. If the Planning Board determines that the preliminary district plan is not adequate upon which to render a recommendation, it shall so notify the Town Board within the thirty-one-day period and shall specify the additional information that it will require to make such recommendation. Notwithstanding the provisions of this subsection, the Planning Board and applicant may by mutual consent agree to an extension of the thirty-one-day period for Planning Board review. Where an extension of time has been granted by the Planning Board, or where the Planning Board has notified the Town Board that the preliminary district plan is inadequate, the time frames for action by the Planning Board and Town Board shall be extended accordingly. If no report has been rendered by the Planning Board after 31 days, and the Planning Board has not otherwise notified the Town Board that the preliminary district plan is inadequate, the applicant may proceed as if a favorable report were issued on the zoning amendment.
[2] 
Positive declaration. Where the Planning Board has recommended that a positive declaration be issued on the PDD application, the Planning Board may withhold its recommendation on the proposed rezoning until such time it has sufficient information (which may in part include information contained in the EIS) to reasonably make its recommendation. In the event that the Planning Board withholds its recommendation on the zoning amendment, the Planning Board shall state its reasons and instead provide to the Town Board, within 31 days of issuing its recommendation on the positive declaration, a preliminary opinion on the proposed zoning amendment and whether or not the proposed PDD and district plan might constitute an appropriate land use at the proposed location. In rendering its preliminary opinion, the Planning Board may attach to such opinion any reasons or qualifications it deems appropriate.
[3] 
Nothing contained herein shall be construed to prevent the Planning Board from issuing its recommendation on the zoning amendment simultaneously with its recommendation for a negative declaration or positive declaration.
(c) 
In its review of the application, the Planning Board may require such changes in the district plan it finds necessary or desirable to meet the requirements of this chapter, to promote the objectives of the Comprehensive Plan, to protect the established or permitted uses in surrounding neighborhoods, and/or to promote the orderly growth and sound development of the Town. The Planning Board shall notify the applicant of such changes and discuss the changes with the applicant.
(d) 
The applicant may submit to the Planning Board revised district plans incorporating the changes required. Such resubmission shall be made within a time period as may be allowed by the Planning Board after notification by the Board. If such resubmission is not made, the Planning Board shall note the required changes and the failure to make said changes in its report to the Town Board.
(e) 
In order to incorporate in the district plan significant changes of the applicant's own making, the applicant shall withdraw from the Planning Board the district plans referred to said Board by the Town Board and submit a revised application and plans to the Town Board for review as provided herein. What constitutes a significant change shall be a determination of the Planning Board.
(7) 
Planning Board action. The Planning Board shall make a favorable or unfavorable recommendation on the application and shall report its findings to the Town Board. In making its recommendation to the Town Board, the Planning Board shall consider the criteria for rezoning found at Subsection C(11) of this section.
(a) 
Favorable report. A favorable recommendation to approve a PDD, or approve with modifications, shall not constitute nor imply approval of a site plan or subdivision for the area included in the application, nor shall it constitute an action under the State Environmental Quality Review Act. In issuing a favorable report, the Planning Board shall identify and provide its opinion as to what criteria at Subsection C(11) are satisfied by the application, what criteria are not satisfied, and the reasons for each.
(b) 
Unfavorable report. An unfavorable report recommending that the rezoning be disapproved shall state clearly the reasons therefor, including any inconsistencies with the criteria found at Subsection C(11), and, if appropriate, may point out to the applicant what might be necessary in order to receive a favorable report.
(8) 
Town Board review.
(a) 
Favorable report. Upon receipt of a favorable report from the Planning Board, the Town Board shall set a date for and conduct a public hearing for the purpose of considering the proposed rezoning to planned development district. In accordance with the procedures established under §§ 264 and 265 of Town Law, said public hearing shall be conducted within 62 days of the receipt of the favorable report.
(b) 
Unfavorable report. In the event of an unfavorable report from the Planning Board recommending that the rezoning be disapproved, the Town Board shall, at its discretion, either deny the application at this time or proceed with the application and hold a public hearing, which it is entitled to do notwithstanding receipt of an unfavorable recommendation from the Planning Board.
(9) 
Town Board action. Upon completion of the public hearing the Town Board shall act to approve or disapprove the rezoning application, including the district plan for development of the PDD. If the Town Board grants the rezoning to planned development district, the Zoning Map shall be so amended. The Town Board may attach to its zoning amendment any additional conditions or requirements that it deems necessary to fully protect the public health, safety and welfare of the community. Such requirements may relate to, but are not confined to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, circulation systems, both vehicular and pedestrian, availability of sites within the area for necessary public services, such as schools, firehouses and libraries, protection of natural and/or historic sites and other such physical or social demands or impacts generated by the project. As part of its approval of the zoning amendment and district plan the Town Board shall establish the specific land use and lot and bulk requirements that will apply to the PDD. These requirements may include but are not limited to the mix of land uses that will be permitted, the permitted intensity of land use or dwelling unit density, the required setbacks, requirements regarding signs, parking, landscaping and buffers, or such other requirements for development of the district that the Town Board deems appropriate.
(10) 
The district plan and all conditions and requirements approved by the Town Board as part of the rezoning shall be binding on all land and owners within the district and their successors and assigns, unless specifically amended by the Town Board.
(11) 
Criteria for rezoning to planned development district. In determining whether or not to approve a planned development district, the Town Board shall consider the extent to which, consistent with the intent and objectives of this chapter, the proposed PDD and district plan meet the following criteria:
(a) 
The proposal should conform to the Town Comprehensive Plan.
(b) 
The proposal should meet the purposes of this section.
(c) 
The proposal should meet a community need or otherwise provide a significant benefit to the community and conform to accepted design principles in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements.
(d) 
There should be adequate public services and utilities available or proposed to be made available in the construction of the development.
(e) 
The site should be served by both public water and public sanitary sewer facilities, and said facilities shall be adequate to accommodate the additional demand placed upon them by the proposed development.
(f) 
The site should be well-drained, and stormwater generated by development of the site should not place an undue burden on existing facilities or contribute to downstream flooding.
(g) 
The site should be located in an area suitable for residential purposes and should be reasonably free of objectionable conditions, such as odors, noise, dust, air pollution, high traffic volumes, incompatible land uses and other environmental constraints.
(h) 
The site should be located within reasonable proximity to public transportation service, or, in the alternative, shuttle bus or other transportation service should be available to the site.
(i) 
The site should be located such that access to it can be obtained from a public street that meets current engineering standards of the Town with respect to roadway width and alignment and acceptable sight distances can be developed at the site entry/exit and at intersections in the vicinity of the site.
(j) 
The architectural style of the proposed development, including exterior materials, finishes, color and the scale of the buildings, should be consistent with existing community and neighborhood character.
(k) 
The development of the site should not produce undue adverse effects on the surrounding neighborhood.
(l) 
To the extent affordable housing is made available, the scope and design of the project should establish a worthwhile asset for the area of the Town in which it is located and the community as a whole.
D. 
Approval of building projects within a planned development district.
(1) 
Site plan approval required.
(a) 
Site plan review and approval by the Town Planning Board as provided in § 128-71 of this chapter shall be required prior to development of any lot, plot or parcel of land in a planned development district. Changes to a previously approved site plan shall also require site plan approval. The site plan application may address development of the district as a whole or it may address the development of a portion of the PDD.
(b) 
Exemption. Notwithstanding the requirement for site plan review, no such review shall be required for development of single-family detached dwellings where such dwellings sit on their own lot and said lot(s) is (are) approved as part of a subdivision pursuant to Subsection D(2) below.
(2) 
Subdivision approval. If the proposed development of the PDD involves a land division or the subdivision of land as defined in this chapter and Chapter 103, Subdivision Regulations, subdivision approval by the Planning Board pursuant to Chapter 103 shall also be required. Where practicable, the Planning Board shall conduct its review of an application for site plan approval coincident with its review of an application for subdivision approval.
(3) 
Conformity with district plan required. The Planning Board shall not approve any site plan and/or subdivision within a planned development district unless said Board finds that the site plan and/or subdivision is in substantial conformance with the district plan that served as the basis for the zone change to PDD.
(4) 
SEQRA compliance. In approving a site plan and/or subdivision within a planned development district, the Planning Board shall ensure that the mitigation measures or project changes identified in the environmental review pursuant to Subsection C(3) of this section have been incorporated into the approved project plans and shall, consistent with 6 NYCRR 617.3(b), impose substantive conditions on the PDD project plans to ensure that the requirements of the findings statement or the conditioned negative declaration adopted by the Town Board are satisfied.
(5) 
Performance surety. Before granting site plan or subdivision approval for a building project within a PDD, the Planning Board may require the applicant to furnish a surety in connection with the construction involved in the preparation of the building project site and/or in connection with construction of buildings. The form and amount of such surety, and the amount of any liability insurance to be furnished, shall be determined by the Planning Board.
(6) 
Time limits. If construction work on the proposed building project is not begun within the time limits specified in the site plan and/or subdivision approval or if such work is not completed within the period of time specified by such site plan and/or subdivision approval, said approval shall become null and void and all rights therein shall cease unless the Planning Board, for good cause, authorizes an extension.
(7) 
Conditions. All conditions imposed by the Town Board in granting the zoning change to PDD, including those the performance of which are conditions precedent to the issuance of any site plan or subdivision approval necessary for the development of any part of the entire site, shall run with the land and shall not lapse or be waived as a result of any subsequent change in the tenancy or ownership of any or all of the area.
(8) 
Building permits. Applications for building permits for each structure in a PDD shall be made to the Building Department and shall be subject to all rules and regulations of the Town pertaining to the issuance of such building permits.
E. 
Request for changes in district plan.
(1) 
Planning Board authority. If in the site plan and/or subdivision review it becomes apparent that certain elements of the site plan or subdivision do not conform to the district plan, as it has been approved by the Town Board, or where it is shown that certain elements of the district plan are unfeasible and in need of modification, the applicant shall present the proposed changes to the Planning Board. The Planning Board shall then determine whether or not the proposed modifications to the district plan are significant, or whether the modifications are still in keeping with the intent of the zoning amendment that established the PDD.
(a) 
If the Planning Board finds that the proposed modifications are not in substantial conformance with the district plan, the site plan and/or subdivision shall be considered as disapproved. The developer may then, if he wishes, produce another site plan in conformance with the approved district plan.
(b) 
If the Planning Board finds that the proposed modifications are in substantial conformance with the district plan, the Planning Board may approve said modifications as part of its site plan and/or subdivision approval, provided that the Board makes written findings identifying the approved modifications and the justification for each. If an affirmative decision is reached, the Planning Board shall so notify the Town Board, stating all of the particulars of the matter and its reasons as to why the project should be continued as modified.
(2) 
Town Board application. Nothing contained in the preceding subsections shall prevent an owner/applicant from making application directly to the Town Board for an amendment to the district plan. Said applications should be reserved for significant changes in concept and design of the PDD. Applications to the Town Board for amendment of an approved district plan shall be processed in the manner of the original application that established the district.
F. 
Procedures in planned development districts established prior to the effective date of this section.
(1) 
Application for approval of a new building project or for amendment to an existing building project in a PDD that was established prior to the effective date of this section shall be processed in the manner prescribed at Subsection D preceding, except that the initial application shall be made in writing to the Town Board, which shall then refer the application to the Planning Board for site plan and/or subdivision review and a recommendation on whether to approve, approve with modifications or disapprove the application. The Planning Board's role in the review of the building project shall be advisory in nature, and final approval authority shall rest with the Town Board.
(a) 
Exception. No approval shall be required for amendment to an existing building project where such amendment entails the construction of decks, screened porches, sunrooms or sheds, or minor modifications of a similar nature that are incidental to the use or purpose of the building project, as determined by the Building Inspector, provided such construction complies with the use, area, yard and bulk requirements established in the Building Project Approval (BPA), any specific conditions of the BPA related to such improvements and any applicable requirements of the Town Code, including building permit requirements.
[Added 12-14-2016 by L.L. No. 5-2016]
(2) 
SEQR review. The Town Board shall serve as SEQR lead agency for building project reviews and amendments under this Subsection F. In conducting its review, the Town Board shall follow the same procedures as specified at Subsection C(3).
(3) 
Notwithstanding the referral requirement in Subsection F(1) above, the Town Board may forgo its referral to the Planning Board in the case of an amendment to a previously approved building project where it determines that such amendment is of a minor nature.
G. 
Effect on previously established planned development districts and building projects. For planned development districts and building projects that were approved prior to the effective date of this chapter, the use, area, yard and bulk requirements and all conditions of the approval that were established by the Town Board at the time of rezoning or granting of the building project approval shall remain in full force and effect unless specifically amended by the Town Board.
H. 
Bulk regulations. For planned development districts the area, density and yard dimension regulations shall be as set forth below:
(1) 
Minimum area. The minimum area for establishment of a PDD is five acres. The calculation of area for a planned development district shall not include existing easements, existing parks, and existing streets or otherwise dedicated land; water areas in excess of 5% of the minimum gross acreage; lands designated on the Official Map for public purposes; or constrained lands as defined at § 128-22 of this chapter.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2) 
Yard dimensions. Except as may otherwise be determined by the Town Board, the minimum setback along the perimeter of the PDD shall not be less than 50 feet. This setback shall apply to parking areas, buildings and other similar structures. Where the PDD abuts a Residential "A," Residential "B," Residential "C," Core Residential or Rural Riverfront District, the minimum yard setback area shall be planted with a mixture of evergreen and deciduous plantings at a height so as to provide, as much as practicable, a visual screen of the buildings and parking areas from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board. This setback shall not apply to driveways, streets, utility rights-of-way or similar crossings that the Planning Board determines necessary in providing access to the PDD.
[Amended 10-8-2008 by L.L. No. 3-2008]
(3) 
Front yard.
[Amended 10-8-2008 by L.L. No. 3-2008]
(a) 
Except as may otherwise be determined by the Town Board, all buildings, including porches, hereafter erected shall have a minimum required front yard which shall be 60 feet from the center line of the pavement or roadway of the street or highway on which the building fronts or 35 feet from the street or highway property line of the street or highway on which the building fronts, whichever develops the greater front yard.
(b) 
Such buildings erected on a corner lot shall also have a front yard facing the side street or highway. Except as may otherwise be determined by the Town Board, this front yard shall also have a minimum dimension of 60 feet measured from the center line of the pavement or roadway of said side street or highway or 35 feet from the street or highway property line of said side street or highway, whichever develops the greater front yard.
(4) 
Height. Height of a building in planned development districts shall not exceed 40 feet.
(5) 
Ingress and egress. Locations for ingress and egress shall be approved by the Town Board and shall be so arranged as to connect with existing state, county or Town highways or proposed Town highways.
(6) 
Off-street parking in planned development districts shall conform to the requirements of the Schedule of Off-Street Parking of this chapter.[1] Parking areas shall provide the necessary space for maneuvering and driving. Where aisles are planned or indicated in such parking areas, said aisles shall be not less than 25 feet in width. In addition:
(a) 
Where a parking area is located in the front yard such parking shall be separated from the street or highway right-of-way by a lawn or planting area 20 feet or more wide. This provision shall not apply to single-family detached homes or other dwelling unit types where individual driveway access is provided to the dwelling unit.
(b) 
Parking and loading areas in a planned development district shall be adequately screened from any adjacent residence district.
[1]
Editor's Note: See § 125-56, Off-street parking and loading.
(7) 
Maximum dwelling unit density. The maximum dwelling unity density in a PDD shall be five units per acre for detached single-family dwelling units and eight dwelling units per acre for attached single-family, two-family, three-family, four-family and multifamily dwelling units. The calculation of permitted density shall not include constrained lands.
[Added 12-14-2016 by L.L. No. 5-2016]
A. 
Purpose. Planned hamlet districts are intended as floating zones to provide for mixed residential and commercial uses in a compact hamlet-like setting that encourages pedestrian activity using traditional hamlet design principals. Typically, such districts would contain mixed-use buildings with retail, personal service, restaurant and related uses on the ground floor, and residential and/or office uses in the upper floors. Expected features of the district include buildings fronting up close to and with entrances and fenestration orientated toward the street, curbside parking and/or parking to the rear of structures in shared parking facilities, sidewalks, pedestrian-scale street lighting, street trees, street furniture and public spaces, and pedestrian connections to surrounding neighborhoods. Land uses that cater to patrons in their automobile with drive-through or similar facilities are discouraged. In no case shall the regulations of this section be so interpreted as to circumvent the benefits of this chapter to the owners or residents of such development or the owners or residents of adjacent properties. Planned hamlet districts and building projects within planned hamlet districts may be established in accordance with the procedure specified below.
B. 
General regulations.
(1) 
Location. Planned hamlet districts may be established at locations designated by the Town Board acting independently or on the basis of an application. In establishing the location of a PHD, compatibility with the criteria for rezoning found at § 128-40C(11) of this chapter, the Town Comprehensive Plan and other applicable Town planning and policy documents, including, but not limited to, those cited at § 128-71E(14) of this chapter, shall be considered.
(2) 
Permitted uses. All uses permitted within a planned hamlet district shall be determined by the provisions of this section and the district plan approved at the time of rezoning to PHD. Permitted uses shall consist of commercial, residential, noncommercial and accessory uses as described below. In authorizing a PHD the Town Board shall establish a commercial floor area standard specifying the minimum percentage of gross floor area within the PHD that shall be devoted to commercial uses (see § 128-41B(5)).
(a) 
Commercial uses. Permitted commercial uses shall include those uses identified below.
[1] 
Bank or financial institution, no drive-through.
[2] 
Business office.
[3] 
Bed-and-breakfast.
[4] 
Day-care center.
[5] 
Fitness club.
[6] 
Inn.
[7] 
Laundry, dry cleaning service.
[8] 
Professional offices.
[9] 
Restaurant, no drive-through.
[10] 
Retail business, no drive-through.
[11] 
Service business.
[12] 
Wellness center.
[13] 
Any other commercial use recommended by the Planning Board and approved by the Town Board.
(b) 
Residential uses. Permitted residential uses shall include those uses identified below:
[1] 
Single-family attached dwellings in buildings of four or more units.
[2] 
Four-family dwellings.
[3] 
Multifamily dwellings.
[4] 
Dwelling unit(s) as part of a mixed-use building.
[5] 
Any other residential use recommended by the Planning Board and approved by the Town Board.
(c) 
Noncommercial uses. As part of its approval of the District Plan, the Town Board may also specifically authorize as a permitted use certain noncommercial religious, recreational, educational or community service uses as recommended by the Planning Board. In authorizing such uses, the Town Board shall determine whether the square footage devoted to each such use can be credited toward meeting the commercial floor area standard (see § 128-41B(5)) established by the Town Board at the time of rezoning to PHD. Such uses may include, but not be limited to, the following:
[1] 
Parks and recreational areas.
[2] 
Community buildings and activity spaces.
[3] 
Churches.
[4] 
Schools.
[5] 
Library, museum, art gallery.
[6] 
Nursery school, child day care center.
[7] 
Outdoor theater.
[8] 
Any other similar use as recommended by the Planning Board and approved by the Town Board.
(d) 
Customary accessory uses. Uses that are customary, incidental and subordinate to the principal use of a lot within the PHD shall also be permitted on said lot. See Article IV of this chapter, Definitions.
(e) 
Timing of construction of commercial uses. Within the geographic area covered by the PHD, at no time shall the total amount of commercial floor area, measured as a percentage of total floor area of all uses in the PHD, whether constructed or under construction, be less than the commercial floor area standard established by the Town Board at the time of rezoning to PHD (see § 128-41B(5)).
(3) 
Intensity of land use. The Town Board shall at the time of rezoning to PHD, and after recommendation from the Planning Board, establish as part of the district plan for each PHD the permitted land use intensity and/or dwelling unit density for the PHD. The determination of dwelling unit density shall be documented, including the facts, opinions and judgments relied on in the selection of the density.
(4) 
Common property in a planned hamlet district. Common property in a planned hamlet district may consist of a parcel or parcels of land, together with improvements thereon, the ownership, use and enjoyment of which are shared by the individual lot owners and/or occupants of the district. When common property exists, arrangements satisfactory to the Town Board must be made for the improvement, operation and long-term maintenance of such common property following procedures approved by the New York State Attorney General. Responsibility for ownership and maintenance of all common property and facilities must be explicitly established by a legally binding instrument acceptable to the Town Attorney. For the purpose of this paragraph common property shall include both the land and any private facilities and/or improvements located thereon, including, but not limited to, private streets, driveways, infrastructure, parking areas, open space and recreation areas.
(5) 
Commercial floor area standard. Not less than 15% of the total gross building floor area within a PHD shall be devoted to commercial uses. Notwithstanding, the Town Board may modify this standard at the time of rezoning to PHD where the applicant demonstrates and the Town Board finds that the standard is unreasonable as applied to the PHD because of real estate market conditions, project location or other relevant factors.
C. 
Establishment of a planned hamlet district. A planned hamlet district shall be established in the same manner and following the same procedures as those to establish a planned development district. The procedures for establishing a planned hamlet district shall be as described in § 128-40C of this chapter. In interpreting the requirements of § 128-40C, the term planned hamlet district (PHD) shall be substituted for the term planned development district (PDD).
(1) 
Additional criteria for rezoning. In addition to the criteria for rezoning listed at § 128-40C(11) of this chapter, in considering whether to rezone a property to planned hamlet district the Town Board shall also consider whether the district plan for development of the property incorporates and is generally consistent with the design guidelines for hamlet districts found at § 128-33E of this chapter.
D. 
Approval of building projects within a planned hamlet district. The review and approval of building projects within a planned hamlet district shall follow the same procedures as those for review and approval of building projects within a planned development district. The procedures for review and approval of building projects shall be as described in § 128-40D of this chapter. In interpreting the requirements of § 128-40D, the term planned hamlet district (PHD) shall be substituted for the term planned development district (PDD).
E. 
Changes in district plan. Any proposed changes to an approved district plan in a planned hamlet district, or inconsistencies with such plan that are uncovered by the Planning Board during site plan or subdivision review, shall be processed in the same manner as changes to a district plan in a planned development district. The procedures for processing changes in a district plan shall be as described in § 128-40E of this chapter. In interpreting the requirements of § 128-40E, the term planned hamlet district (PHD) shall be substituted for the term planned development district (PDD).
F. 
District standards. The standards for development in a planned hamlet district are as set forth below. Notwithstanding, the Town Board may modify these standards at the time of approval of the district plan where it finds that such modification would result in an improved district design that better serves the purpose of the planned hamlet district classification.
(1) 
Lot and bulk standards. For planned hamlet districts, the area, density and yard dimension standards shall be as set forth below:
(a) 
Minimum area. The minimum area for establishment of a PHD is five acres. The calculation of area for a planned hamlet district shall not include easements, existing parks, and existing streets or otherwise dedicated land; water areas in excess of 5% of the minimum gross acreage; lands designated on the Official Map for public purposes; or constrained lands as defined at § 128-22 of this chapter.
(b) 
Minimum district yard dimension. Except as may otherwise be determined by the Town Board, the minimum setback along the perimeter boundary of the PHD shall not be less than 50 feet. This setback shall apply to parking areas, buildings and other similar structures. Where the PHD abuts a Residential A, Residential B, Residential C, Core Residential or Rural Riverfront District, the minimum yard setback area shall be planted with a mixture of evergreen and deciduous plantings at a height so as to provide, as much as practicable, a visual screen of the buildings and parking areas from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board. This setback shall not apply to driveways, streets, utility rights-of-way or similar crossings that the Planning Board determines necessary in providing access to the PHD. In addition, the district yard requirement shall not apply where the PHD district boundary coincides with or abuts an existing or proposed public street right-of-way.
(c) 
Minimum front yard. Except as may otherwise be determined by the Town Board, all buildings, including porches, hereafter erected shall have a minimum required front yard, which shall be 35 feet from the center line of the pavement or roadway of the street or highway on which the building fronts or 10 feet from the street or highway property line of the street or highway on which the building fronts, whichever develops the greater front yard. Corner lots and through lots shall comply with the minimum front yard setback along the frontage of all streets on which they front.
(d) 
Minimum side yard. The minimum required side yard in a PHD shall be zero feet. However, if a side yard is provided, it shall be no less than five feet.
(e) 
Minimum rear yard. The minimum required rear yard in a PHD shall be 40 feet.
(f) 
Minimum frontage. The minimum highway frontage for any lot in a PHD shall be 40 feet. Notwithstanding, the minimum highway frontage for single-family attached units shall be 35 feet for end units and 25 feet for interior units.
(g) 
Minimum lot width. The minimum width for any lot in a PHD shall be 50 feet. Notwithstanding, the minimum lot width for single-family attached units shall be 35 feet for end units and 25 feet for interior units.
(h) 
Minimum lot depth. The minimum depth for any lot in a PHD shall be 100 feet.
(i) 
Minimum lot area. The minimum lot area for any lot in a PHD shall be 5,000 square feet. Notwithstanding, the minimum lot area for single-family attached units shall be 3,500 square feet for end units and 2,500 square feet for interior units.
(j) 
Maximum lot coverage. Maximum lot coverage in a PHD shall be 75%.
(k) 
Maximum height. Height of a building in planned development districts shall not exceed 35 feet.
(l) 
Maximum dwelling unit density. The maximum dwelling unit density in a PHD shall be 15 dwelling units per acre for attached single-family, four-family and multifamily dwelling units. The calculation of permitted density shall not include constrained lands.
(m) 
Ingress and egress. Locations for ingress and egress shall be approved by the Town Board and shall be so arranged as to connect with existing state, county or Town highways or proposed Town highways.
(2) 
Accessory uses. Uses customarily accessory to and subordinate to a principal use.
(a) 
Location. An accessory building shall not be located in a front yard or minimum front yard setback. An accessory building shall be set back not less than five feet from any side or rear lot line and shall be located not less than five feet from the principal building, unless fire rated as per applicable New York State Building Codes.
(b) 
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(c) 
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
(3) 
Off-street parking in planned hamlet districts.
(a) 
Parking in a PHD shall comply with the off-street parking requirements of § 128-56 of this chapter. Parking areas shall provide the necessary space for maneuvering and driving. Where aisles are planned or indicated in such parking areas, said aisles shall be not less than 24 feet in width. Notwithstanding, aisle width between parking stalls may be reduced where aisles are designed for one-way traffic flow and where stalls are angled.
(b) 
Parking in the front yard is prohibited except where said stalls gain individual access directly from the street.
(c) 
Except as provided in paragraph (ii) above, parking areas shall be separated from the street or highway right-of-way by a lawn or planting area not less than 20 feet deep.
(d) 
Off-street parking and loading areas in a PHD shall be adequately screened from adjacent residential districts.
(e) 
Curbside parking. Notwithstanding requirements found elsewhere in this chapter, curbside parking serving commercial uses is encouraged in the PHD where the Town Board determines that traffic conditions are suitable for such parking. Curbside parking may be parallel to the street or angled to provide access from the adjacent travel lane. At the discretion of the Town Board, curbside parking may be provided on private property, or partially or fully within the public right-of-way. Such parking shall meet the dimensional requirements for parking stalls found in the off-street parking provisions of this chapter. A credit may be taken on a one for one basis by the developer of such curbside stalls against the number of off-street stalls otherwise required for the commercial component of a development project. Where curbside stalls are developed wholly or partially within the public right-of-way, said stalls shall be made available for use by the general public.
(4) 
Public space. Developments within the PHD shall include formal, landscaped, outdoor amenity area(s), such as a plaza, courtyard, square or common that is accessible to the general public. No less than one square foot of public space shall be provided for every 40 square feet of gross floor area within the PHD. Individual public spaces should be appropriately sized for their intended use and at a reasonable scale to the buildings they are intended to support. Generally, such spaces should be no smaller than 2,500 square feet and no larger than 6,500 square feet. At least 25%, but not more than 50% of the public space shall be landscaped with trees, shrubs and other plantings as approved by the Planning Board. Such public space shall be conveniently accessible and integral to the development and designed as a focal point for the PHD.
(5) 
Additional requirements.
(a) 
No single building shall have a building footprint exceeding 5,000 square feet. Exceptions may be made only if the facades of larger buildings are articulated to appear as multiple buildings, each part of which does not exceed a maximum building footprint of 5,000 square feet.
(b) 
Buildings fronting on an existing street right-of-way shall contain commercial and/or noncommercial uses as described in § 128-41B(2)(a) and § 128-41B(2)(c) herein along the full extent of the first floor building facade(s) facing the street right-of-way(s). Said first floor facade(s) shall include storefronts and entrances for first floor uses.
(c) 
Drive-through facilities are prohibited.