Property in a TNDO District may be developed in accordance with the regulations of the underlying zoning district or utilizing the provisions of this section. The purpose of a TNDO District is to establish a development option for parcels within a TNDO zoning district. The use of the procedure in this article is not equivalent to incentive zoning as provided in Town Law § 261-b.

The provisions of the TNDO are intended to promote traditional neighborhood development patterns in areas that adjoin existing villages or hamlets. Within a TNDO District, higher-density residential development will be allowed if designed according to these guidelines to ensure that the resulting development incorporates the design principles of traditional neighborhoods.

A primary objective of the TNDO option is to provide for a diversity of dwelling types, age groups, and income levels, in a manner consistent with the variety of existing dwellings in the area and with traditional village/hamlet building and site development patterns. New construction is to be predominantly single-family dwellings on a variety of village/hamlet-scale lot sizes.

All projects utilizing the TNDO option shall follow the process and procedures described in Article IX for conservation subdivisions in Chapter 240, Subdivision of Land, except as modified herein and with the Town Board having jurisdiction over the procedures.

Dwellings.

Up to 40% of new units may be in two-family or multiple-family dwellings. When two-family or multiple-family dwellings are proposed, they shall be integrated architecturally and in scale with the same streetscape as single-family dwellings, and not isolated in separate areas of the TNDO District.

Private garages or carports for the parking of motor vehicles of residents.

Customary accessory structures to residential uses, including but not limited to private swimming pools, hot tubs, storage buildings, greenhouses, pet shelters and outdoor fireplaces.

Customary farm accessory buildings for the storage of products or equipment.

Off-street parking, fencing, and signs.

Home occupations: Level 1.

Open space. Not less than 20% of the permanently protected open space which is required to be set aside shall be in a form that is integrated into the residential neighborhood and accessible to the public, such as a central green, neighborhood squares or commons, tot lots, a community park, or any combination of the above.

Blocks. Streets shall be designed to create blocks that are generally rectilinear in shape, a modified rectilinear shape, such as curves, or another regularly repeating, distinct geometric shape. Amorphously shaped blocks are discouraged, except where topographic or other conditions necessitate such a configuration. To the greatest extent possible, blocks shall be designed to have a maximum length of 480 feet. Lanes or alleys shall be permitted to bisect blocks.

Street layout. The street layout shall form an interconnected system of streets primarily in a rectilinear grid pattern, modified to avoid a monotonous repetition of the basic street/block pattern. The use of culs-de-sac and other streets with a single point of access shall be minimized. To the greatest extent possible, streets shall be designed to have a maximum length of 600 feet from intersection to intersection, and, to the greatest extent possible, shall either continue through an intersection, or terminate in a "T" intersection directly opposite the center of a building, an green space area, or a view into a peripheral green space area.

Sidewalks. A sidewalk network shall be provided throughout the development that interconnects all dwelling units with, nonresidential structures, common green spaces, and the original village/hamlet to which the development is adjacent. If the development is not adjacent to a village/hamlet area, but rather an open space owned or controlled by the owner, then a trail system through the open space shall be provided. Sidewalks shall be a minimum of four feet wide, and five feet and six feet wide along major pedestrian routes. Sidewalks shall be of barrier-free design to the greatest extent possible. The pedestrian circulation system shall include crosswalks where appropriate, and include gathering/sitting areas and provide benches, landscaping, and other street furniture where appropriate.

Minimum lot area: 6,000 square feet.

Minimum lot width at building line: 40 feet.

Yard regulations. Variations in the principal structure position and orientation may be considered and the following minimum standards shall apply:

Maximum impervious coverage: 50% limit per lot.

Minimum frontage: Lots must have frontage either on a street or on a back lane or shared driveway. Dwellings served by rear lanes may front directly onto parks or greens, which shall be designed with perimeter sidewalks.

Maximum building height: 35 feet.

Single-family dwelling with accessory dwelling unit.

Home occupation: Level 2.

Church and other religious institution.

Horticultural nursery.

Recreational facilities of charitable, not-for-profit organizations.

Public and semipublic buildings and uses.

Bed-and-breakfast establishment.

Bed-and-breakfast home.

Congregate care facility.

All business group uses permitted by special use permit in the VHMUD, VHRD and VHTD Districts.

Stores. No individual store shall be greater than 45,000 gross square feet in floor area unless an amenity package is included as part of the site plan approval.

Retail shopping centers. No retail shopping center shall be greater than 90,000 gross square feet in floor area unless an amenity package is included as part of the site plan approval.

For the purpose of the size limits set forth above, floor area shall include floor area or floor space of any sort within a building as well as exterior space used for sale or storage of merchandise. This shall include, but is not limited to, garden centers, outdoor display areas, or lumber yards.

A maximum of 60,000 gross square feet of floor area for an individual store and 120,000 gross square feet of floor area for a shopping center may be approved by the Town Board if a suitable amenity package is provided. Any increase in square footage allowed must be commensurate with the value of the amenity package proposed.

Amenities may include provisions for on-site and/or off-site improvements beyond those required for the project and/or beyond measures needed to mitigate the impact of the project. The amenities may include, but are not limited to, the following:

Where the Town Board determines that a proposed amenity is not immediately feasible, or otherwise not practical, the Town Board may require, in lieu thereof, a payment to the Town of a sum to be determined by the Town Board. These funds shall be deposited in a dedicated fund to be used by the Town Board exclusively for the type of amenities defined herein.

The minimum distance from other existing billboards, including those located outside the boundaries of the Town, shall be 0.5 mile, except that the minimum distance for electronic billboards from other existing billboards (including other electronic billboards) shall be one mile.

The minimum distance from any and all single- or multiple-family dwelling(s), including those located outside the boundaries of the Town, shall be 500 feet. Under all circumstances, light shall be shielded from such properties.

Billboards shall not be located on top of, cantilevered over or otherwise suspended above any building or structure.

Billboards shall not be located closer than five feet to any state, county or Town right-of-way, or 30 feet to the street, highway, or road lane of travel, whichever is greater.

Billboards shall not be located closer than 500 feet to a street, highway or road intersection.

Billboards shall, in addition to the foregoing requirements, be located in areas with minimum other distractions.

All billboards with standard illumination shall be equipped with a timer so as to only illuminate such billboard for the time period between 1/2 hour prior to sunset and 1/2 hour after sunrise.

All electronic billboards shall be equipped with a mechanism to automatically adjust the brightness in response to ambient conditions and to produce a distinct reduction in the level of illumination for the time period between 1/2 hour prior to sunset and 1/2 hour after sunrise. Electronic billboards shall also be equipped with a means to immediately turn off the display or lighting if they malfunction, and the owner thereof shall immediately turn off the electronic messages or lighting when notified by the Town that it is not in compliance with this section.

The maximum brightness levels of all billboards shall not exceed a brightness of 5,000 candelas per square meter during the daytime and 150 candelas per square meter during the nighttime.

The surface display area of any side of a billboard shall not exceed 300 square feet.

The surface display area of a billboard shall be measured to include the entire area within a regular geometric form, or combinations thereof, comprising all of the display area of the billboard, including all of the elements of the matter displayed. Frames and structural members, excluding necessary supports or uprights, shall be included in computation of surface display area. In the case of a sphere, spheroid, or similarly shaped billboard (e.g., a ball), the total surface display area shall be divided by two for determining the maximum surface display area permitted.

Tandem or stacked billboards are prohibited.

V-style and double-sided billboards are permitted.

All billboards shall be constructed in such a fashion that they will withstand all wind and vibration forces that can normally be expected to occur in the vicinity and in compliance with all applicable codes.

All billboards shall be maintained so as to assure proper alignment of structure, continued structural soundness and continued readability of message.

All billboards must be otherwise kept in good repair, be clean, neatly painted or placarded, and free from all hazards, including, but not limited to, faulty wiring, loose fastenings, or damaged supports. The billboard shall not be dangerous to the public health or safety. If the Code Enforcement Officer shall find that any such billboard violates any of these provisions, he or she shall give written notice of such violation to the owner of the land, and the billboard shall be removed or the deficiencies corrected within a period set in such notice but not less than 30 days from such notice.

In the event that the owner of the billboard or the owner of the land on which it is situate shall fail or refuse to repair or remove such billboard within any required period, the Code Enforcement Officer may remove or repair such billboard. All costs and expenses incurred in the removal or repair of such billboard shall be collected from the owner of the land or the owner of the billboard in an action at law, or such costs and expenses may be assessed against the owner of the land upon which the billboard is situate and shall be collected as part of the Town tax next due. No such amount shall be so assessed and collected unless a notice, in writing, of the amount due has been sent to the owner of the land on which the billboard is erected prior to the first day of September of the next year in which the amount is to be assessed and collected along with the Town tax.

Format.

Size. Every line of copy and graphics in an electronic message shall be at least 12 inches in height, except that any copy or graphic required by law (e.g., political, alcohol, health advertisements) may be at least five inches in height. If there is insufficient room for copy and graphics of this size within the actual copy and graphic area of a billboard, then no electronic message shall be permitted.

Duration.

Emergency and public messages. Digital billboards shall be made available to the Town, county, and state emergency services in case of emergency or for such matters as Amber Alerts.

Safety and security technology. Electronic billboards shall be designed and equipped to freeze the device in one position if a malfunction occurs. Electronic billboards must also be equipped with a means to immediately discontinue their display if they malfunction or are accessed by persons not authorized to do so, and the owner thereof must immediately stop the electronic message or image when notified by the Town that it is not complying with the standards of this section. Prior to issuing any necessary permits for an electronic billboard, the applicant shall submit to the Town a data security plan to prevent unwanted content from being displayed and written verification from the manufacturer that the electronic billboard is so designed and equipped.