Taking into account:

It is determined that:

The Economic Development District is intended to provide a means for the establishment of the types of uses outlined in the preceding Subsection B(2)(b) in a manner in keeping with best modern practice as to group design of the buildings in which such uses are conducted, provision of adequate off-street parking and loading space for motor vehicles and safe and convenient traffic access and pedestrian circulation and provision for adequate landscaping, setbacks, control of lighting and other aspects to achieve and maintain harmony with the character of neighboring residential areas.

Permitted principal uses are as follows:

The Board of Trustees shall determine that each proposed use meets the standards enumerated in Subsection A(2) above. The Board may require such evidence as it deems necessary to determine whether or not the proposed use will reasonably conform to the performance standards set forth above, and, in connection therewith, the Board may obtain expert advise at the expense of the applicant and upon payment in advance of consideration of the application. Where appropriate, the Board of Trustees may require the installation, maintenance and operation by the applicant, at the applicant's expense, of continuous recording instruments to measure the flow of traffic or to demonstrate the operation or effect of operation of any machines or devices used to control or lessen noise, glare, air pollution, water pollution, fire hazards or safety hazards.

The following uses shall be considered as types meeting the standards enumerated in Subsection A(2) above but shall be subject to review by the Board of Trustees to ensure compliance with the standards:

Parking and loading spaces for motor vehicles.

Signs, as follows, relating to the occupant or occupants of the premises and the nature of the establishment but containing no advertising:

Any other use normally accessory to a permitted principal use, subject to the same limitations as such principal use.

Minimum lot area: three acres. In the case of a group development consisting of more than one building with access and open space appurtenant to the group, as set forth on the building and site plans therefor and approved in accordance with the provisions of this article, the land occupied by the development shall have an aggregate area of not less than three acres times each building comprised within the group.

Minimum width of lot: 250 feet.

Minimum depth of lot: 250 feet.

Minimum depth of front yard: 75 feet.

Minimum side yard: thirty-foot setback, except where a lot abuts a street, in which case it shall be the same as the front yard depth, and except where the lot abuts a residence district, in which case it shall be at least 200 feet.

Minimum rear yard: 50 feet, except where the lot abuts a residence district, in which case the yard shall be at least 200 feet.

Reduction in required yards. Where a yard adjoining a residence district is not developed or used for parking or other business purposes and has no access to the building from such yard, the required yard may be reduced to 100 feet.

Group developments. In the case of a group development, the Planning Board may, at its discretion, reduce the minimum lot width, lot depth or front yard requirements to the extent necessary to obtain a more advantageous grouping of structures.

Maximum building height shall be two stories or 30 feet, vertical distance to be measured from finished exterior grade to topmost point of structure at any point on the perimeter of the structure. Flagpoles and radio and other electronic antennas and apparatus, the operation of which is a function of use and occupancy, may be exempt from height limitations. This shall not be construed to permit the construction and use of radio and television transmitters.

The buildings on any lot shall not cover more than 25% of the lot. Areas covered by buildings shall include all projections, such as exterior vestibules and also the plan dimensions of such canopies and fixed awnings as may project above grade.

Parking space shall be provided in an amount adequate to accommodate all company, employee and visitor parking, with at least one car space for whichever of the following is the greater: each person employed on the lot or each 250 square feet of total floor area. None of this parking space shall be in the front yard area. Where such parking abuts a residence district, no parking shall be nearer to the lot line than 50 feet, which fifty-foot depth shall be maintained as a buffer strip as required by § 190-21 below. In other rear yard and side yard areas, parking space shall not be closer than 15 feet to said rear or side lot line, which fifteen-foot space shall be devoted to landscaping. There shall be no parking or storage of trucks in any parking area in a yard adjoining a residence district.

One off-street loading space no smaller than 15 feet wide, 30 feet long and (if covered) 15 feet high shall be provided for the first 10,000 square feet of business floor area and one additional space for each additional 20,000 square feet of business floor area.

Traffic access shall be from a public street of adequate capacity and design to handle the expected traffic from the business use safely and conveniently. There shall be no traffic access to any use established in the residence district neighborhoods.

Where a lot abuts or is across a street from a residence district, a fifty-foot buffer area shall be planted and permanently maintained with evergreen landscaping of a type, height and spacing approved by the Planning Board as adequate to suitably screen such use from the adjoining residential area or areas throughout the year. Within these buffer areas, existing tree growth shall be preserved, except for removal of dead or diseased trees.

All parking areas located between the residence district boundary and the building shall be similarly screened with landscaping.

In order to assist in screening parking areas from neighboring residential areas where such parking is located between a building and the residence district boundary, there shall be a planting of trees throughout such parking area according to a plan approved by the Planning Board.

The remaining area of the lot or plot not occupied by buildings or loading and unloading areas, parking areas, vehicular access, sidewalks and landscape screening shall be well maintained, and any areas disturbed from their natural condition and which are not used for structures, paved parking areas or streets shall be planted with grass.

A chain link fence at least six feet in height shall be installed and maintained along all lot lines adjoining a residence district.

No building shall be erected, altered or used and no lot or premises shall be used except in conformity with a development plan approved by the Planning Board as complying with the performance standards set forth above or in conformity with a similarly approved revision of such plan.

An application for approval of a development plan or for the modification of an approved development plan shall be made, in writing, to the Village Planning Board by the owner of the property involved and shall be accompanied by three copies of the proposed plan which shall be accurate and in sufficient detail to establish all matters pertinent to and covered by this section.

The development plan, or amendment thereof, shall be approved or disapproved by the Planning Board within 45 days of the filing thereof, or the filing of an amendment thereof, with the Planning Board by delivering the same to the Village Clerk.

In acting on any such development plan, the Planning Board shall determine that the requirements of this article are met and shall also take into consideration the safety and convenience of vehicular and pedestrian traffic, the establishment of a harmonious relationship among the buildings and uses on the site and the business development and the adjoining residential area.

Action on a submitted development plan shall be by resolution of the Planning Board, written notice of which shall be given to the applicant, the Building Inspector, the Village Clerk and members of the Village Board. In the event of disapproval of such a plan, the resolution shall state the reason or reasons for such disapproval. In the event of the approval of such a plan, the Planning Board shall deliver to the Building Inspector photostatic copies (or precise duplication otherwise prepared) of all related general building plans and the detailed site plan as approved.

With and upon the filing of an application relating to contemplated new construction on a previously undeveloped lot, there shall be paid to the Village a filing fee as provided in § 67-5 of Chapter 67, Fees and Deposits. The filing fee is related solely to the consideration of the application by the Planning Board and shall have no effect whatsoever on such building permit fee as must later accompany an application for a building permit.

No permit will be issued for the construction of a building which is to have a total floor area in excess of 10,000 square feet until an affidavit is filed with the Building Department certifying that the construction of such building will be supervised by a professional engineer or an architect licensed or registered in the State of New York. The affidavit is to be signed, sworn to and acknowledged by the engineer or architect who will supervise the construction and is to have his professional seal affixed. In the event such engineer or architect shall, for any reason, discontinue his supervision of the construction of the building at any time prior to its completion, he shall immediately notify the Building Department of such fact and thereupon the building permit issued for such construction shall be suspended and no further work shall be done thereunder until another such affidavit shall be filed with the Building Department certifying that supervision of the construction has been resumed by another or the same engineer or architect.

No certificate of occupancy will be issued for such building until a final certificate is filed with the Building Department by the engineer or architect who supervised the construction that the building was, to the best of his knowledge, in fact erected in conformity with the plans filed with the Building Department.