Jerusalem Town City Zoning Code
ARTICLE XXII
Townhouses
[Added 5-20-2009 by L.L. No. 2-2009]
§ 160-132 General standards.
When permitted by this chapter, townhouses shall conform to the standards set forth in this article.
§ 160-133 Definitions.
As used in this article, the following terms shall have the meanings indicated:
OPEN SPACE
Land that is not intensively developed for residential, commercial, industrial or institutional use, including but not limited to agricultural, forest, undeveloped shoreline, scenic and public parks and preserves. It may also include small vacant lots, community gardens and trails through developed areas.
PROJECT SITE
The entire parcel of land occupied, or to be occupied, by one or more townhouse groups and the land contiguous thereto devoted to related uses as required by this article.
TOWNHOUSE
A building that is one of a series of noncommunicating one-family dwelling units having a common party wall between units. Each unit has private outside entrances, separate front and rear yards and separate utilities and is located on a separate deeded lot.
TOWNHOUSE GROUP
A series of connected townhouses.
TOWNHOUSE LOT
The parcel of land on which a townhouse stands. It is part of the project site.
§ 160-134 Dimensional rules.
A.
A project site shall have not less than 20,000 square feet.
B.
A project site shall be not less than 75 feet from the high water of Keuka Lake.
C.
Maximum project site coverage. No project site coverage shall exceed 20%.
[Amended 3-16-2016 by L.L. No. 2-2016]
D.
A townhouse group shall have two side yards of not less than 10 feet each.
E.
There shall be no less than 20 feet between townhouse groups.
F.
A townhouse lot shall be no less than 1,600 square feet in size.
G.
There shall be no less than 30 feet between the townhouse lot and the boundary of the project site nearest to a public highway.
H.
There shall be no less than 20 feet between the townhouse lot and the boundary of the project site opposite the nearest public highway.
I.
Every townhouse lot shall have a front yard between the townhouse and the townhouse lot line closest to the nearest public highway and a rear yard on the opposite side of the townhouse from the front yard. The total combined horizontal distance between the townhouse and the exterior lines of the front and back yards shall be not less than 24 feet.
J.
A townhouse shall occupy no more than 70% of the townhouse lot.
K.
A townhouse shall occupy no less than 1,000 square feet of land.
L.
A townhouse shall be not less than 20 feet wide.
M.
A townhouse shall be not more than 35 feet high.
N.
The front and rear walls of adjacent townhouses shall be offset from each other by at least two feet.
§ 160-135 Building rules.
A.
A townhouse group shall have no fewer than three nor more than five townhouses.
B.
Each townhouse shall have two separate, private, outside entrances at ground level.
C.
A townhouse shall have not more than three bedrooms.
§ 160-136 Site plan.
A.
The provisions of Article XIX, Site Plan Review, shall apply to townhouses.
B.
Each project site shall border on a public street, unless it adjoins private or common open areas as defined in this title.
C.
Each townhouse lot shall be a separate and distinct lot of record in the Yates County Clerk's Office.
D.
Each townhouse shall have front and rear yards that are not owned in common with other townhouses, and its utilities shall not be furnished in common with other townhouses.
E.
Accessory structures. Accessory structures are not required. If an accessory structure is constructed, there shall be one, but not more than one, for each townhouse, or there may be one accessory structure for each townhouse group that provides equal space for each townhouse. Accessory structures shall be compatible in appearance with the townhouse. No accessory structure may be constructed unless it was approved by the Planning Board in site plan review.
F.
Outdoor storage. Outdoor storage of garbage and rubbish shall be in containers that are enclosed in such a way as to conceal the contents from public view and make them inaccessible to children, dogs, vermin, etc. No other items may be stored outside.
G.
Parking.
(1)
Spaces required. A minimum of 2 1/2 off-street parking spaces shall be required for each townhouse unit. This would equate to five off-street parking spaces for every two units. For odd numbers of units, the result is rounded to the next higher whole number; e. g. three units would require eight off-street parking spaces.
(2)
Location. Parking spaces may be provided on the townhouse lot or in a commonly owned and maintained off-street facility, provided that such parking is easily accessible and a reasonable distance from the townhouse it serves (not more than 100 feet away).
(3)
Required parking spaces shall not be provided in any front or side yard, except as part of a driveway.
H.
Landscaping and buffers.
(1)
Lot areas which are not required for buildings, structures or parking shall be landscaped with plantings designed to retain maximum amount of stormwater runoff. A plan that shows the location and species shall be provided for approval by the Planning Board. The plan should contain landscaping practices recommended by LEED (Leadership in Energy and Environmental Design) and United States Green Building Council for Sustainable Sites.
(2)
All landscaped areas along property lines that are crossed by access drives may be planted with low shrubs no greater than three feet high and with branching habit no less than eight feet wide, but no planting shall create a hazardous condition by interfering with the normal line of sight (350 feet in either direction) needed for safe entering and exiting by motor vehicles.
(3)
Landscaped areas shall be designed to be easily maintained.
I.
Common open space.
(1)
A minimum of 30% of the project site shall be provided as common open space. Where lot sizes will be reduced below the single-family lot area requirement of the district, compensating common open space must be established and provided within the townhouse project site.
(2)
Compensating open space also allows individual housing units and lots to be grouped in a manner which creates economics in the installation of utilities and private roads required to serve these individual properties and provides an opportunity for the subdivider to design and develop a more attractive residential neighborhood and fully utilize any natural or topographic features which may be present on the tract subdivided.
(3)
Compensating open spaces are to be considered to be only those areas not specifically designated or used as lots, building sites for dwelling units, building sites for utility or storage purposes, vehicular parking lots, carports or garages or driveways thereto or streets either public or private and their rights of way.
J.
In order to minimize detrimental environmental effects, all exterior design and materials must be approved by the Planning Board.
K.
The use of certified green building products and practices as outlined by the United States Green Building Council's (USGBC) Leadership in Energy and Environmental Design (LEED) Green Building Rating System for Homes is encouraged.
L.
Stormwater. The Town also encourages managing the flow and dispersal of storm water so as to reduce as much as possible undesirable environmental consequences. USGBC and LEED are sources of good practices in this regard.
M.
Exterior lighting. Maximum permitted illumination shall be consistent with the approved site plan. Exterior lighting shall be compatible with the surrounding neighborhood and in character with the area. Glare shall be kept to a minimum by directional, downward lighting.
§ 160-137 Homeowners' association.
As required by Article 9-B of the New York Real Property Law, a homeowners' association must be formed. Copies of its organization documents, bylaws, rules, and regulations and all amendments and changes to them must be filed with the Town Clerk.
§ 160-138 Subdivision.
If subdivision regulations are enacted in the Town of Jerusalem, they shall apply to townhouse projects described in this article including any provision concerning the furnishing of surety to insure the completion of a townhouse project once it has been commenced.
§ 160-139 Construction completion guarantee.
In order to insure the full and faithful completion of a townhouse project as approved by the Planning Board, the Planning Board may require the applicant or developer to provide, prior to the issuance of a building permit, a performance bond, a cash escrow, or an irrevocable letter of credit from an appropriate financial institution or surety that guarantees satisfactory completion of the project and names the Town of Jerusalem as the beneficiary. The security shall be in an amount determined by the Planning Board based on final design plans and actual construction and landscaping costs. The guarantee shall remain in force until the surety is released from liability by the Planning Board. The Planning Board shall not be required to release the surety from liability until one year after the issuance of a certificate of occupancy and a satisfactory inspection thereafter shows that the project is complete and acceptable to the Planning Board in all respects.
§ 160-140 Branchport Service Park.
Provisions applicable only in the Branchport Service Park:
A.
The front yard shall be between the townhouse and NYS Route 54A.
B.
Buffers. A ten-foot-wide screen shall be planted along north and south and west property lines, excluding points of ingress and egress and property lines to existing commercial uses. This landscaped area shall be densely planted with a mixture of shrubs and trees. All these shall be no less than six feet high to create an opaque screen.
C.
Septic system. If the septic system required by Chapter 150, Wastewater Management, of this Code cannot be provided on the townhouse project site in the BSP District, the septic system may be placed on an off-site, out-of-district lot meeting the following requirements:
(1)
The lot shall be owned by the townhouse association by deed duly recorded in the Yates County Clerk's office.
(2)
The lot shall be contiguous to the project site or separated from the project site only by a public or private road.
(3)
If it is separated from the project site by a public road, the lot shall not be included in the calculation of open space; otherwise, it may be so included.