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.

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.

Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.

Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.

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.

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.

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.

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.

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.

For uses involving an adaptive reuse conversion of a residential structure to nonresidential use, the following shall apply:

Where practicable, encourage the use of farmstead design for new large-scale residential projects.

Encourage the integration of new subdivisions within the existing neighborhoods.

Where practicable, provide for and encourage open space, recreational and agricultural uses.

Encourage the use of conservation subdivision design and the provision of adequate water supply, sewage disposal and transportation infrastructure.

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.

The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.

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.

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.

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.

Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, should be avoided.

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.

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.

Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.

Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.

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.

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.

Encourage the integration of new subdivisions within the existing neighborhoods.

Where practicable, provide for and encourage open space, recreational and agricultural uses.

Encourage the use of conservation subdivision design and the provision of adequate water supply, sewage disposal and transportation infrastructure.

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.

The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.

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.

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.

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.

Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, should be avoided.

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.

Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.

Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.

Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.

For uses involving the adaptive reuse conversion of a residential structure to nonresidential use, the following shall apply:

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.

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.

Encourage the installation of sidewalks.

Encourage the integration of new subdivisions within the existing neighborhoods.

The adaptive reuse of structures should be encouraged in such a way so as to complement the character of the existing neighborhood.

The development of public parks, athletic facilities, educational amenities and other low-density uses that require large acreage should be encouraged.

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.

The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.

On-street parking should be discouraged with nonresidential uses.

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.

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.

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.

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.

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.

Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.

Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.

Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.

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.

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.

Encourage the installation of sidewalks.

Encourage the integration of new subdivisions within the existing neighborhoods.

The adaptive reuse of structures should be encouraged in such a way so as to complement the character of the existing neighborhood.

The development of public parks, athletic facilities, educational amenities and other low-density uses that require large acreage should be encouraged.

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.

The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.

On-street parking should be discouraged with nonresidential uses.

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.

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.

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.

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.

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.

Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.

Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.

Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.

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.

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.

Encourage the installation of sidewalks.

Encourage the integration of new subdivisions within the existing neighborhoods.

The adaptive reuse of structures should be encouraged in such a way so as to complement the character of the existing neighborhood.

The development of public parks, athletic facilities, educational amenities and other low-density uses that require large acreage should be encouraged.

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.

The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.

On-street parking should be discouraged with nonresidential uses.

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.

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.

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.

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.

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.

Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.

Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.

Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.

For uses involving the adaptive reuse conversion of a residential structure to nonresidential use, the following shall apply:

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.

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.

Encourage the installation of sidewalks.

Encourage the integration of new subdivisions within the existing neighborhoods.

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.

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.

The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.

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.

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.

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.

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.

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.

Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.

Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.

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.

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.

Encourage the installation of sidewalks.

Off-street parking should be located at the side or rear of buildings.

The incorporation of small, landscaped front yards is encouraged.

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.

The primary entrances to any building should be oriented to the lot frontage.

The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.

Cross-easements should be used to provide shared access to parking whenever possible.

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.

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.

Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.

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.

Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.

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.

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.

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.

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.

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.

Where practicable, encourage the development of walkways and improvements to the public open spaces within the public rights-of-way of all corridors.

Encourage the preservation of a minimum of 50% open space in new subdivision design through the use of conservation subdivision.

Where practicable, allow for continued public access to the waterfront and areas with views of the Hudson River.

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.

The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.

On-street parking should be discouraged.

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.

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.

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.

Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, should be avoided.

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.

Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.

Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.

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.

Parking in the front yard is prohibited. Off-street parking should be located at the side or rear of buildings.

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.

Encourage the installation of sidewalks.

The establishment of mixed-use, multistory dwellings is the preferred form of use.

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.

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.

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.

The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping should be encouraged in the hamlets.

The adaptive reuse of existing structures should be encouraged in such a way so as to complement the character of the existing hamlet.

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.

Additions to existing buildings should use materials and details complementary to those incorporated in the parent structure.

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.

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.

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.

The utilization of ribbon or continuous strip glazing in any building facade should be avoided.

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.

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.

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.

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.

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.

The primary entrances to any building should be oriented to the lot frontage. Secondary entrances should be oriented to parking, plazas or parks.

The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.

Where practicable, service alleys for deliveries and utility access should be established along rear property lines.

On-street parking should be encouraged with nonresidential uses. Service alleys should access practicable, off-street parking spaces for residential uses.

Cross-easements should be used to provide shared access to parking whenever possible.

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.

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.

Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.

Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.

Encourage the installation of sidewalks.

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.

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).

The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged.

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.

Additions to existing buildings should use materials and details complementary to those incorporated in the parent structure.

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.

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.

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.

The utilization of ribbon or continuous strip glazing in any building facade should be avoided.

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.

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.

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.

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.

The primary entrances to any building should be oriented to the lot frontage. Secondary entrances should be oriented to parking, plazas or parks.

The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.

Where practicable, service alleys for deliveries and utility access should be established along rear property lines.

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.

Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-through facilities.

On-street parking should be encouraged with nonresidential uses. Service alleys should access practicable, off-street parking spaces for residential uses.

Cross-easements should be used to provide shared access to parking whenever possible.

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.

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.

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.

Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.

Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.

Shopping centers of 10,000 gross square feet of building area or less are permitted subject to site plan approval.

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.

Encourage the installation of sidewalks.

The establishment of mixed-use, multistory dwellings is the preferred form of use.

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.

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).

The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged.

The adaptive reuse of existing structures is encouraged.

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.

Additions to existing buildings should use materials and details complementary to those incorporated in the parent structure.

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.

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.

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.

The utilization of ribbon or continuous strip glazing in any building facade should be avoided.

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.

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.

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.

The primary entrances to any building should be oriented to the lot frontage. Secondary entrances should be oriented to parking, plazas or parks.

The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.

Where practicable, service alleys for deliveries and utility access should be established along rear property lines.

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.

Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-through facilities.

Service alleys should access practicable, off-street parking spaces for residential uses.

Cross-easements should be used to provide shared access to parking whenever possible.

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.

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.

Height. An accessory building or structure shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.

Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.

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.

The development of parks, commons, or small pedestrian plazas with amenities such as benches and landscaping should be encouraged.

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.

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.

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.

The primary entrances to any building should be oriented to the lot frontage. Secondary entrances should be oriented to parking, plazas or parks.

The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.

Encourage the installation of sidewalks.

Development master plan required.

Exceptions. A development master plan shall not be required in the following circumstances:

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.

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.

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.

Residential uses.

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.

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.

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.

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.

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.

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.

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.

Minimum lot size. The minimum lot size shall be one acre for individual lots within an area covered by a development master plan.

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.

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.

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.

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.

Parking. Parking requirements in a Mixed Economic Development District shall be as required in § 128-56 of this chapter.

Minimum lot size. Minimum lot size shall be 10,000 square feet.

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.

Minimum side yard. Minimum side yard shall be 10 feet.

Minimum rear yard. Minimum rear yard shall be 40 feet.

Minimum highway frontage. Minimum highway frontage shall be 100 feet.

Maximum building height. Maximum building height shall be 35 feet.

Minimum lot depth. Minimum lot depth shall be 150 feet.

Minimum lot width. Minimum lot width shall be 100 feet.

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.

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.

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.

Parking. Parking requirements shall be as required in § 128-56 of this chapter.

Accessory structures.

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.

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.

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.

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:

Time limits.

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.

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.

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.

The development of parks, commons, or small pedestrian plazas with amenities such as benches and landscaping should be encouraged.

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.

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.

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.

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.

The primary entrances to any building should be oriented to the lot frontage. Secondary entrances should be oriented to parking, plazas or parks.

Where practicable, the number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.

See Schedule of Area, Yard and Bulk Requirements, § 128-100.

See § 128-10, Exceptions.

See Schedule of Uses, § 128-99.

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.

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.

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.

Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.

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.

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.

All equipment, electrical substations, and mechanical devices shall be shielded from view from the main roadways.

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.

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.

Industrial processes and operations should be enclosed.

Truck loading and unloading are confined to on-site areas. All loading and unloading areas should be shielded from view by the main roadways.

All outdoor storage of goods or materials should be screened from view from the main roadways.

See Schedule of Area, Yard and Bulk Requirements, § 128-100.

See § 128-10, Exceptions.

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.

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.

Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.

Land divisions pursuant to § 103-20 of the Town Subdivision Regulations are permitted.

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.

Subdivisions are allowed subject to the requirements of Chapter 103, Subdivision Regulations. In addition, residential structures associated with agricultural operations are permitted.

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.

All equipment, electrical substations, and mechanical devices shall be shielded from view from the main roadways.

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.

Encourage the use of farmstead design.

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.

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.

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.

Buildings composed of closed-sided covered structures are encouraged.

Truck loading and unloading is confined to on-site areas. All loading and unloading areas should be screened from view by the main roadways.

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.

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:

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.

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.

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.

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:

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:

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.

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.

Planning Board review.

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.

Town Board review.

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.

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.

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:

Site plan approval required.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

Front yard.

Height. Height of a building in planned development districts shall not exceed 40 feet.

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.

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:

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.

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.

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)).

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.

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.

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.

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.

Lot and bulk standards. For planned hamlet districts, the area, density and yard dimension standards shall be as set forth below:

Accessory uses. Uses customarily accessory to and subordinate to a principal use.

Off-street parking in planned hamlet districts.

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.

Additional requirements.