Involve the transfer of land between two existing parcels that will:

Not reduce the ability of either lot to comply with the applicable standards of this chapter.

One-family and two-family dwellings.

Multifamily dwellings.

Village Hall, Village Fire Station, Village Police Station or other Village use.

Public parks and playgrounds and other recreation facilities intended for general public use.

Public parking lots.

Essential services.

Synagogues, ritual baths, public schools, private schools, and other places of worship or religious observance and instruction.

Private garden house, toolhouse, playhouse, greenhouse or similar private accessory use not used for commercial or public purposes.

Private garage or carport for housing private passenger cars of residents living on the premises.

Home occupations with special permit for Class II home occupations.

Signs used on the same lot in conjunction with a permitted principal or accessory use provided that such signs are not illuminated or painted with reflective or luminous-type paint, and are mounted on the building (not free-standing).

Terraces, patios, decks, balconies, stairways and porches.

Walls and fences. The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall, including one used in conjunction with landscaping or terracing, nor to prohibit any fence or wall, provided that in any R district such fence or wall shall not exceed four feet in height in any required yard.

Visibility at intersections. At any street intersection in any R district, no fence, wall or other structure or planting more than three feet in height shall be erected, placed or maintained so as to impair sight distances or otherwise create an unsafe traffic condition.

Corner lots. On a corner lot in any R district, there shall be provided a yard on each street equal in depth to the required front yard on such streets. A rear yard shall be provided on each corner lot, and the owner shall elect which yard is the rear yard.

Zero lot line development. A dwelling unit may be placed on one interior side property line (a zero setback), provided such property line also serves as the side lot line for the lot opposite. There shall, to maintain privacy, be no windows, doors, air conditioning units, or any other type of openings in the wall along the zero lot line. Any building wall separating two or more dwelling units located on the lot line shall be of a firewall construction.

Maximum size of a residential building shall be 10,000 square feet per floor, outside dimensions. Maximum building length shall be 200 feet, outside dimensions.

All basements in residential buildings must be assigned a use at the time of site plan review.

All dwelling units shall have at least one window facing the street to allow observation of outdoor play spaces and bus arrivals. All windows 10 feet or higher from the ground shall have window gates.

A second means of egress shall be required for all dwelling units.

One light/dark detector controlled floodlight shall be provided above each main entrance.

Each dwelling unit shall be provided with a minimum of 10 square feet in a fully enclosed solid waste enclosure. Enclosures for trash cans shall have a top.

The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

Operations in connection with any special use will not be more objectionable to nearby properties than would be the operations of any permitted use not requiring a special permit.

Parking areas shall be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit will be laid out so to achieve maximum safety. Parking areas shall include sufficient area for a vehicle to safely maneuver in and out of every space.

Any building erected, converted or enlarged for commercial, retail, office, manufacturing, wholesale, institutional or similar uses shall, in addition to the off-street parking space required above, provide adequate off-street areas for loading and unloading of vehicles. Public rights-of-way shall, under no circumstance, be used for loading or unloading of materials and no loading area shall be designed so as to require the backing of vehicles out over a sidewalk or into the street.

Access to and from all nonresidential off-street parking, loading and vehicle service areas shall comply with all permitting requirements and standards of the Village of Kiryas Joel, County of Orange or New York Department of Transportation standards, as the case may be. Each entrance and exit shall be clearly defined with curbing, fencing or vegetative screening so as to prevent access to the area from other than the defined entrance and exits. All nonresidential parking and loading areas shall be separated from the paving edge of a street or adjoining property line by a planting strip at least 10 feet in depth.

A minimum of one shade tree of 2-1/2-inch trunk caliper, and 12 feet to 14 feet in height, shall be planted per each dwelling unit or 2,500 square feet of commercial space, on the lot in a location approved by the Planning Board or, if offsite, as directed by the Village Department of Public Works.

Identification signs for nonresidential uses, not illuminated and visible to the public from the street giving access, will be permitted, subject to determination by the Planning Board that the design and location of said sign or signs will, to the maximum extent possible, not be objectionable to nearby residential properties. Refer to sign definition for size requirements.

All nonresidential uses shall provide space for garbage enclosures adequate for anticipated solid waste.

Cover sheet with location map and list of plans.

Architectural rendering. Architectural elevation views showing color and materials for all building sides, roof and decks.

Existing conditions survey. Show topography, structures, surface types, property boundaries, adjacent features within 200 feet, utilities.

Site plan. Show roads, curbs, sidewalks, walkways, walkway easements, ADA ramps, driveways, buildings, parking, pavement markings, traffic control signs, trash enclosures.

Grading plan. Show site plan features with existing and proposed grading.

Utility plan. Show water service, sewer, electric connections, hydrants.

Lighting plan. Show location of fixtures, light intensity (lumens) across the site.

Drainage plan. Show stormwater pipes and structures, stormwater management features.

Landscape plan. Show street trees, lawn, building foundation and other plantings.

Details plan(s). Show all relevant construction details, e.g. pavement, curb and storm inlet details, trash enclosures, light fixtures, etc.

All site plan applications will be subject to review in accordance with the regulations of the NY State Environmental Quality Review Act (SEQRA) prior to any site plan decisions.

The Planning Board will follow all requirements for site plan review stipulated in NYS Village Law. In addition, the Planning Board may require perspective drawings and/or renderings and shall exercise aesthetic judgment and prevent construction, reconstruction, or alteration out of harmony with the existing buildings insofar as style, materials, color, and lines.

All site plan applications must be approved by a majority vote of the Planning Board, except in the case where a county mandated review under Section 239m of General Municipal Law recommends modification or disapproval of a proposed action, in which case a vote of a majority plus one will be required.

All site plan applications shall require drawings signed and sealed by appropriate professional(s) licensed by the State of New York Department of Education.

All site plan approvals will include a resolution specifying what the approval is for, and listing all conditions of approval. All site plan denials will include a resolution specifying the reasons for the denial.

A site plan approval is valid for two years unless a building permit has been issued and construction initiated, in which case the approval will be extended to the approved closing date of the building permit.

Home occupations. Home occupations, as defined herein, shall be subject to the following regulations and standards, whether permitted as an accessory use (Class I) or special permit use (Class II):

Multifamily dwellings. The following design criteria shall apply to multifamily developments:

Permitted principal uses, all of which shall be subject to site plan review by the Planning Board, shall be as follows:

Prohibited uses shall include casinos and gambling, outdoor sports facilities, theaters and adult entertainment.

Local retail uses. Such uses shall be permitted in the Commercial District, subject to approval of a site plan in conjunction with an application for a special permit.

Planning intent. It is intended that the application of these regulations for the Commercial District shall result in a unified pattern of uses within such district. It is further intended that in that same vicinity there shall be a concentration of the highest density of residential development.

No building shall exceed six stories in height. All buildings shall be sited so as to enable convenient pedestrian access to community facilities and local shopping areas.

Off-street loading and unloading areas for delivery of materials and supplies as well as arriving buses or other forms of public transportation shall be provided. Such facilities shall be sufficient in size to accommodate the volume of activity anticipated, and be located away from adjoining residences, or screened from them with landscaping and/or fences, to the maximum extent possible.

A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless such building or structure, including such enlargement or extension, is made to conform to all regulations, including use, for the district in which it is situated; provided, however, that where the public welfare, health or safety warrants a reasonable and necessary extension, such extensions may be temporary or permanent, and permission therefor shall be obtained by application to and approval by the Planning Board.

Such nonconforming building shall not be structurally altered unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted; and provided further that any such nonconforming use may be extended throughout any parts of the building which were lawfully and manifestly arranged or designed for such use at the time of the adoption of the provision of this chapter which made such use nonconforming.

A nonconforming use of a building may be changed only to a conforming use.

If any nonconforming use of a building ceases for any reason for a continuous period of more than 120 days, or is changed to a conforming use, or if the building in or on which such uses is conducted or maintained is moved for any reason, then any further use of such building shall be only in conformity with regulations specified by this chapter for the district in which such building is located.

If any building in or on which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the lot on which such building was located and the subsequent use of any building thereon shall be in conformity with the regulations specified by this chapter for the district in which such land or building is located.

A permit may be issued for the erection of a building housing a permitted use on any lot which has been made nonconforming with respect to area, depth, width or frontage requirements, by the adoption of this chapter or the Zoning Map, or any amendment thereto, provided that a valid conveyance has been recorded or a bona fide contract of sale for said lot has been executed and delivered prior to the date of the adoption of the provision of this chapter that made the lot nonconforming.

In the case of a lot having nonconforming dimensions in a particular district, the minimum required front and rear yards shall be those of the Residential District in which said lot's depth would meet the requirements of this chapter and the minimum required side yards shall be those of the Residential District in which said lot's width would meet the requirements of this chapter, but in no case shall such yards be less than would have been required prior to the date of adoption of this chapter.

Before the Planning Board may approve a site plan or subdivision plat containing residential or nonresidential uses, such a site plan or subdivision plat shall also show, when required by this chapter, walkways and walkway easements for public pedestrian use. Such walkways and walkway easements shall, at the discretion of the Planning Board, be classified in two classes. Class A walkways and walkway easements shall be those determined by the Planning Board to be immediately necessary. Class A walkways shall be suitably constructed by the developer prior to the issuance of a certificate of occupancy for any building shown on the site plan or subdivision plat. Class B walkways shall be those which may be constructed at a later time and may be constructed in conjunction with and for the benefit of later development. All walkways and walkway easements shown on a site plan or subdivision plat shall be clearly designated as Class A or Class B, in accordance with this section, but the failure to so designate such walkways shall not prohibit the Village from requiring their construction.

Prior to final approval, the developer shall deliver to the Village all offers of dedication, deeds, and/or easements, in fully executed final form for recording, together with executed recording documents and such other instruments which may be required. The Village Attorney shall approve such documents as to form.

Walkways shall be considered the same as sidewalks and are public improvements for the purposes of Article 7 of the New York State Village Law.

All walkways shall be:

All sidewalks shall be in compliance with specifications for sidewalks in Chapter 124, Street Specifications.

The owner(s) of the land in a proposed PUD District shall initially apply to the Planning Board for the establishment of a PUD District. The application shall be in writing and include a detailed sketch plan describing the proposed development's principal features and proposed phasing.

The Planning Board shall review the sketch plan and related documents and render a report to the applicant on the acceptability of the proposal along with recommendations for changes or improvements, if any. An unfavorable report shall state clearly the reasons therefor and, if appropriate, advise the applicant what revisions are necessary to receive acceptance.

Upon receipt of the Planning Board's report, which shall be made within 62 days of the meeting at which the sketch plan is initially presented, the applicant shall submit a preliminary site plan for the project to the Planning Board.

Within 62 days of the receipt of a completed preliminary development plan, the Planning Board shall review such submission, act upon the SEQRA submission, conduct a public hearing on the development plan and recommend action to the Village Board regarding establishment of a PUD District to accommodate the proposed project. It shall concurrently approve, disapprove or approve with the modifications the preliminary development plan, conditioning any approval on action of the Village Board with respect to the PUD District.

When the Planning Board has approved a development plan for a proposed district, the Village Board shall proceed to consider amendment of this Zoning Law in accord with the Village Law, conducting a hearing and acting upon the same within 90 days of the meeting at which the Planning Board's recommendation is received. The Village Board shall provide for County Planning Department review of the proposal as required by law and may attach conditions to its approval.

When any PUD district is not substantially developed in accordance with the approved preliminary development plan for a period of three years from the effective date of its establishment, and provided that it shall then appear that rights vested in persons acting in good faith in reliance on such zoning classification will not be prejudiced thereby, the Village Board, upon resolution and no earlier than 62 days following written notice to the applicant, may declare the change in classification to a PUD District voided. The Village hereby exercises its authority under § 10 of the Municipal Home Rule to supersede the New York State Village Law so as to permit voiding of a zoning change without resorting to further rezoning procedures.

After the Planning Board has approved the preliminary development plan, and provided the Village Board has approved the establishment of the PUD District, the applicant shall prepare a final development plan and submit it to the Planning Board for final approval. The final development plan shall conform substantially to the preliminary development plan approved by the Planning Board, incorporating any revisions or other features that may have been recommended by the Planning Board and/or the Village Board at the time of preliminary review. Within 62 days of the receipt of a completed application for final development plan approval, the Planning Board shall review and act on such submissions and so notify the Village Board. A copy of the approved final development plan shall be filed in the Orange County Clerk's office.

Location. A PUD District may be permitted anywhere within the Village of Kiryas Joel.

Permitted uses. All permitted principal and accessory uses shall be permitted in PUD Districts.

Other zoning regulations. Setback and height requirements within a PUD District may be waived or modified by the Planning Board to accommodate innovative functionally integrated designs and site plans. Notwithstanding this, no structure shall be located within 75 feet of any rear or side lot line or 50 feet of any front lot line for the project as a whole and no structure shall exceed six stories or 75 feet in height. Such project shall also otherwise comply with all other provisions of this chapter.