Unless stated otherwise the provisions of this article apply in all zoning districts.

On corner lots, clear vision shall be maintained within the triangular area formed by the intersecting street lines and a straight line joining the street lines at points which are twenty (20) feet distant from the point of intersection, measured along such street lines. In such areas no shrubbery, fence or other obstruction shall be permitted higher than three (3) feet from the accepted street grade, nor shall branches or foliage of trees be permitted less than ten (10) feet from the ground.

(Code 1966, § 44-VI-1)

The dumping of clean fill (rock, gravel, cinders, etc.) shall be permitted in all districts for the purpose of filling in to establish grades. The clean fill shall not be construed to mean refuse, waste material or other similar materials that will adversely affect or injure the use of adjacent property. The dumping of refuse, waste material and similar substances shall not be permitted in any district within the town except that a property owner in a rural residential district may dispose of his own household garbage, waste and refuse (except human sanitary waste) on his own property; provided, however, that it is covered with at least four (4) inches of clean fill.

(Code 1966, § 44-VI-3)

Cross reference— Excavation and soil removal, Ch. 7; solid waste, Ch. 19.

All buildings in all districts located on lots where public sanitary sewers and/or public water supply are not available shall be located on lots having sufficient area for a proven installation of individual sewage treatment systems and private wells in accordance with applicable state and county sanitary codes and subject to complying with an applicable provision of this chapter.

(Code 1966, § 44-VI-4)

(a)

No building permit shall be issued for any principal building unless the application shows that the building will be connected to the public sewer and, either:

(1)

The public sewer has already been extended across the frontage of the lot; or

(2)

A bond, in an amount determined by the town engineer to be sufficient to cover the cost of so extending the sewer is given to the town to ensure that such extension will be made before occupancy. The provisions of section 24-38, subsections (b), (c) and (d) apply to the bonds.

(b)

No certificate of occupancy shall be issued and such building shall not be occupied unless the public sewer extends across the frontage of the lot and the building has been connected to the public sewer.

(c)

This section shall not apply to lots for which a public sewer is not available, unless the lot has been rezoned. For purposes of this subsection:

(1)

In the case of a one- or two-family dwelling, a public sewer is deemed available when the sewer is within one hundred (100) feet of the premises on which the dwelling is located, measured along a street, and a connection may be made lawfully thereto.

(2)

In the case of buildings of any other occupancies, a public combined sewer is deemed available when the sewer is within five hundred (500) feet of the premises on which the building is located, measured along a street and a connection may be made lawfully thereto.

(Code 1966, § 44-VI-11)

Any vacant parcel in any district shall be filled, graded or developed only in accordance with a storm drainage plan which shall be certified by the town engineer or other duly authorized town representative so as to provide adequate, suitable, proper and safe storm drainage. A stormwater pollution prevention plan consistent with the requirements of chapter 6, article VI, divisions 1 and 2 shall be required for site plan approval.

(Code 1966, § 44-VI-5; L.L. No. 3 of 2007)

(a)

In this section "all-terrain vehicle" has the meaning assigned to it by section 2281 of the Vehicle and Traffic Law.

(b)

No person shall operate an all-terrain vehicle in an RA-1 or RA-2 district. No person shall operate an unmuffled motorbike, minibike or dirt bike in the town.

Cross reference— Snowmobiles, § 16-52 et seq.

(a)

It shall be unlawful for the owner, occupant and any person causing or permitting, continuing or causing to be made or continued any excessive, unnecessary or unusually loud noise, within the limits of the town.

(b)

It shall be unlawful for the owner, occupant and/or any person causing or permitting sound or noise to project within the boundary of a use district which exceeds the limiting noise level set forth in subsection (f). Sound or noise projecting from one (1) use district into another use district with a different noise level limit shall not exceed the noise limits at any point of the district into which the noise is projected. The issuance of a building permit shall carry an automatic increase in the noise limit to seventy-five (75) dBA for all activities directly involved with the permitted construction for the hours between 7:00 a.m. and 9:00 p.m.

(c)

Upon written petition, the town board may grant a variance to the limits specified in subsection (f). Such variance shall be issued for specific properties and shall specify both the limits and the hours during which those limits are applicable.

(d)

Whenever an applicable federal, state or county statute sets a different limit than specified in this section, the lower limitation shall apply.

(e)

For the purpose of subsection (f), noise shall be measured as follows:

(1)

The measurement of sound or noise shall be made with a sound-level meter meeting the standards prescribed by the American National Standards Institute.

(2)

The slow meter response of the sound-level meter shall be used in order to best determine that the average amplitude has not exceeded the limiting noise level.

(3)

Measurement of noise levels shall be made at or beyond the property line of the property on which such noise is generated or perceived, as appropriate, and shall be taken at least four (4) feet from ground level.

(4)

Compliance with the noise limits is to be maintained at all elevations at the boundary of the property.

(5)

Daytime hours shall be between 7:00 a.m. and 9:00 p.m. Nighttime hours shall be between 9:00 p.m. and 7:00 a.m.

(f)

The limits above referred to shall be in accordance with the following:

(1)

In industrial use districts:

a.

During daytime hours, seventy (70) dBA.

b.

During nighttime hours, seventy (70) dBA.

(2)

In commercial use districts:

a.

During daytime hours, sixty-five (65) dBA.

b.

During nighttime hours, fifty-seven (57) dBA.

(3)

In residential districts:

a.

During daytime hours, sixty (60) dBA.

b.

During nighttime hours, fifty (50) dBA.

(g)

Except for subsection (a), this section shall not apply to:

(1)

Educational institutions, including the state university, Vestal Central Schools and private schools.

(2)

The state and all municipal corporations and subdivisions of the state.

(3)

Emergency vehicles, including ambulances, fire and police vehicles, and emergency warning devices.

(4)

Vehicular traffic on a public thoroughfare.

(5)

Lawn mowers, power saws and power equipment when used for property maintenance purposes during daytime hours as above defined.

(6)

Domestic animals or livestock which are keep in compliance with applicable sections of this Code.

(Code 1966, § 44-VII-1; L.L. No. 1 of 2025, § 1)

No use shall, for any period of time, discharge across the boundary of the lot wherein it is located toxic or noxious matter in such concentration as to be detrimental to or endanger the public health or safety or cause injury to property or business.

(Code 1966, § 44-VIII-3)

No use shall carry on any operation that will produce heat or glare beyond the property line of the lot on which the operation is located.

(Code 1966, § 44-VIII-4)

No use or portion therof creating intense earthshaking vibrations shall be located closer than five hundred (500) feet to any lot line. In no case shall any such vibration be perceptible without the aid of instruments along the boundary line of any residential district.

(Code 1966, § 44-VIII-5)

(a)

The purpose of this district is:

(1)

To facilitate increased flexibility to achieve a desirable land development and design through the use of distinct, atypical planning objectives, taking into account any various characteristics of individual properties.

(2)

To continue to create desirable property divisions for residential uses.

(3)

To combine residential subdivision opportunities with conservation of existing open space.

(4)

For creation of quality, attractive, neighborhood oriented cluster housing.

(5)

To imaginatively meet the needs of residential expansion in the town.

(6)

Preserve, on a permanent basis, open space or other natural features while allowing acceptable use and development of properties.

(7)

Promote reduced size of, and distance to infrastructures, ultimately decreasing maintenance by using such techniques as lessening the distance over which utilities, such as water and sewer lines, need to be extended and by reducing the width and/or length of streets.

(8)

Provide opportunities for neighborhood social interaction and walking and hiking in open space areas.

(9)

Create neighborhood atmospheres which may include daily support amenities such as shops and services, integrated within and atheistically designed for cohesiveness of the community.

(10)

To specifically provide areas of residential growth which do not incorporate additional density by the use of multiple family dwelling construction.

(b)

For this division, the following terms and words shall have the following meanings:

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Buffer means land maintained in either a natural or landscaped state and used to screen and/or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.

Cluster or clustering means a site-planning technique that concentrates buildings and structures in specific areas on a lot, site, or parcel to allow the remaining land to be used for recreation, open space, and/or preservation of features and/or structures with environmental, historical, cultural, or other significance. The techniques used to concentrate buildings may include, but shall not be limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open space being devoted by deed restrictions for one (1) or more uses.

Cluster development, residential means a land development project in which the site planning technique of clustering dwelling units is employed.

Common community property means land, buildings and any portion of a PDC noted for use by the residents of the PDC, that is held in joint or singular ownership by a person, corporation or limited liability company.

Common open space means the portion of the site set aside in perpetuity as undivided open space. This area may include freshwater wetlands, floodplains or flood-hazard areas, stream corridors, prime agricultural lands, habitats of endangered wildlife, as identified on applicable federal or state lists, scenic views, historical or cultural features, archaeological sites, or other elements to be protected from development, as well as easements for public utilities.

Community exterior recreation area means open spaces specifically designed or designated for group activities including; various sports fields, golf course areas, lawn game space and the like.

Community recreation building means a building with facilities contained within, for express use by the PDC residents and their guests.

Development means the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any excavation, landfill or land disturbance; and/or any change in use, or alteration or extension of the use of land.

Gross area (GA) means the total area of the site, including the net gross area and public rights-of-way.

Infrastructure means the facilities and services needed to sustain residential, and other activities.

Land development project means a project in which one (1) or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including, but not limited to, planned development and/or cluster development for residential, recreational, open space, and/or mixed uses as are provided for in this local law.

Lot means either:

(a)

The basic development unit for determination of area, depth, and other dimensional variations, or

(b)

A parcel of land whose boundaries have been established by some legal instrument, such as a recorded deed or recorded map, and recognized as a separate legal entity for purposes of transfer of title.

Net gross area (NGA) means the portion of the cluster development that may be developed or used for common open space, whether publicly dedicated or private, but excluding main street, private streets, public streets, and other publicly dedicated improvements.

Parking reserves means land other than driveways, dedicated to common use vehicular parking.

Patio home means a single family dwelling unit constructed in a group of not more than two (2) attached units, sharing a common property line.

Site plan means the development plan for one (1) or more lots on which is shown the existing and/or the proposed conditions of the lot.

Street, main means the primary or principal vehicular thoroughfare designated on the plan.

Street, private means a local vehicular roadway serving only abutting lots, not publicly dedicated or maintained by the town, but meeting specific municipal improvement standards, and providing access for service and emergency vehicles.

Street, common means all common owned property reserved or dedicated for vehicular traffic.

Structure means anything constructed or erected that requires location on the ground or attached to something having location on the ground, including but not limited to buildings, dwellings, sheds, accessory buildings, towers, facades, swimming pools or other built edifices.

Vehicular roadway means any paved or prepared land for use by motorized vehicles.

(L.L. No. 8 of 2009, §§ 1, 2)

(a)

PDC requests shall be submitted by property owners or property developers proving specific legal interest in the property or properties.

(b)

Applicability. A residential planned development cluster development shall be permitted in existing rural residence zoning districts on properties of five (5) acres or greater of contiguous land where:

(1)

Approval of all aspects of the project shall be given by a local law enacted by the town board after proper approval by the town planning board, Broome County Health Department and any other regulatory board or entity as designated by the town board.

(2)

Public water and sewer service infrastructure shall be extended to, and fully utilized by, the proposed constructed buildings on the site and extended for purposes of accommodating future development of vicinity properties.

(L.L. No. 8 of 2009, §§ 1, 2)

(a)

The existing official zoning designation meets and bounds regulations, for a proposed PDC property shall not be effective once the town board authorizes the local law governing a PDC.

(b)

The following uses shall be permitted as approved by the planning board:

One-family detached dwelling.

One-family detached modular dwelling.

Patio homes.

Townhouse units not to exceed four (4) in any attached group.

Community recreation building(s) the total cumulative size(s) of which shall not exceed two (2) stories in height and an area of thirty (30) square feet per approved PDC dwelling unit. (i.e. 260 units × 30 sq. ft. = 7,800 sq. ft. bldg(s))

Buildings serving accessory activities of the PDC and approved by the planning board.

Non-residential uses as expressly approved by the town board.

Swimming pool operated by the common community.

Two (2) accessory structures not to exceed one thousand (1,000) square feet each, for storage of equipment to maintain common community property.

One (1) individual residence accessory building per dwelling unit, not to exceed two hundred (200) square feet in area.

One (1) PDC announcement sign at each main street entrance not to exceed two (2) signs not greater than thirty-two (32) square feet each in area or ten (10) feet in any dimension.

Other signs as allowed in this Code for RA-1, one-family residence zoning districts.

Temporary structure integral to the advertisement, sale and development of the PDC.

(c)

Any use not specifically permitted above shall be prohibited, except as further allowed by the town board and specifically described in the PDC enabling legislation. In addition;

(1)

Fencing or other firefighting obstructions shall not be allowed to be installed in areas between any buildings where the distance separation between the buildings is less than fifty (50) feet in width.

(2)

Due to increased density of residences and the purpose of this development, on or above grade drilling operations, wind turbines or other towers are prohibited.

(L.L. No. 8 of 2009, §§ 1, 2)

(a)

Maximum lot coverage, floor area ratios, building height, and parking requirements for the PDC shall be as approved by the local law governing the PDC. Minimum advising guidelines are as follows:

(1)

The minimum area of the cluster development shall be five (5) acres.

(2)

The minimum setback of any building to the PDC property boundary is fifty (50) feet.

(3)

The minimum setback of any building to any barnyard or building housing agriculture uses such as animals or livestock, whether within or neighboring property, shall be two hundred (200) feet.

(4)

Each building shall be located on a separate parcel of land except as specifically approved by the local law.

(5)

The minimum width and depth of a lot shall provide adequate clearance from buildings, structures and property boundaries so as to create a safe and healthful environment.

(6)

A minimum separation of ten (10) feet shall be provided between buildings and/or structures.

(7)

Except as required for setbacks from PDC property boundaries, exterior walls of buildings or structures shall not be closer than four (4) feet from any property boundary or lot line.

(8)

The shared common interior property boundary or lot line of townhouses and patio homes shall not be subject to setback requirements.

(9)

A minimum separation of fifty (50) feet shall be maintained from a building housing a dwelling unit and any community exterior recreation area.

(10)

A minimum front yard or common open space of a least twenty (20) feet in depth shall be provided, as measured from the main street property line to the front of any building.

(11)

A minimum front yard or common open space of at least fifteen (15) feet in depth shall be provided, as measured from a common or private street pavement to the front of any building.

(12)

The maximum height in stories of any building is three (3).

(13)

The maximum measured height of any building is forty (40) feet as measured from the average adjacent grade to the top most portion of the building.

(14)

Not less than thirty-five (35) percent of the original site gross area (GA) shall be conveyed as common open space as provided for in section 24-735.

(15)

Natural and man-made buffers shall be preserved, maintained and created as necessary and directed.

(16)

Parking reserve areas shall be created to accommodate firefighting apparatus, visitor, delivery and additional vehicle parking.

(17)

Vehicle access to buildings constructed within the PDC boundaries, shall be made only from within the property boundaries of the PDC.

(18)

As required by the approving board, topography and buffers shall be created and used to minimize viewing PDC buildings from town roads abutting a PDC and from adjacent non-PDC properties.

(L.L. No. 8 of 2009, §§ 1, 2)

(a)

The preliminary site plans shall contain information as requested by the town engineer and code enforcement officer.

(b)

The final site plan drawing package for a PDC shall include, but shall not be limited to, the following information:

(1)

An open space inventory plan delineating percentages of all common community property, common open space, parking reserves, paved areas and perceived usable and unusable property.

(2)

Designation of the main street and any private street and public street.

(3)

Layout of vehicle roadways, delivery loading and unloading areas, parking areas and parking reserves, snow storage and other prepared special features such as; hiking, biking or pedestrian use ways, trails or paths.

(4)

The maximum number and type of buildings proposed.

(5)

The conceptual footprint layouts of the buildings and their size.

(6)

The calculations for the allowed number of dwelling units, with any requested bonus, derived pursuant to section 24-735.

(7)

The areas of the site designated for common open space.

(8)

The size and location of land proposed to be conveyed as common open space.

(9)

All other plans and information as required for typical subdivision submittal, review and approvals.

(10)

Any other site or use specific information as required by the town.

(L.L. No. 8 of 2009, §§ 1, 2)

(a)

Except as provided in section 24-736, the maximum number of dwelling units proposed for a PDC shall not exceed the number of dwelling units otherwise permitted for typical subdivisions zoned RA-1, one-family dwelling.

(b)

Reconfiguration and redistribution of density locations may be required by the reviewing boards as PDC review progresses.

(c)

If approved by the town board, non-residential uses may be permitted without decreasing the net gross area (NGA) of the development.

(d)

Except as provided in section 24-736, the number of permitted dwelling units on a site shall be calculated in the following manner:

(1)

Measure the gross area (GA) of the proposed cluster development site in acres and tenths of an acre. The gross area number used will ultimately be determined by the town engineering and code enforcement departments. This area may be less than the total actual land area due to the ability to "reasonably" use or construct homes on the land. Unusable land shall not be included in the gross area.

(2)

Subtract from the determined GA the area of the main street, common and private streets and other rights-of-way, measured in acres and tenths of an acre.

(3)

The remainder shall be the net gross area (NGA) to be used for calculating density of dwelling units.

(4)

Convert the NGA from acres to square feet (SF), using the equivalency of 43,560 square feet = one acre.

(5)

Divide the NGA by nine thousand (9,000) square feet to obtain the initial dwelling unit number (IDN). The maximum number of dwelling units to be permitted in the cluster development shall be this dividend, rounded to the next lower whole number.

(L.L. No. 8 of 2009, §§ 1, 2)

The planning board may, but is not obligated to approve an increase in the IDN of up to twenty (20) percent if:

(1)

The percent of common open space is equal to or greater than fifty (50) percent of the GA.

(2)

The PDC final plan includes maintenance of the majority of existing mature trees, hedgerows, stonewalls, water features and other similar natural amenities.

(L.L. No. 8 of 2009, §§ 1, 2)

(a)

The town engineering and code enforcement departments shall determine preliminary submittal requirements, collect fees, collate plans, maps and specifications so that the reviewing boards have pertinent, accurate and complete information so as not to impede review schedules.

(b)

The planning board shall perform preliminary and any additional plan reviews of a proposed PDC as for a typical subdivision, as noted in the town subdivision regulations.

(c)

At a point in time as determined by the planning board, preliminary information shall be presented to the town board to establish conceptual approval for entertaining the necessary legislation to create the PDC.

(d)

Once all plans are altered, adjusted and modified to meet the approval of the planning board, these plans and recommendations shall be submitted to the town board for consideration of a local law implementing the establishment of the PDC.

(L.L. No. 8 of 2009, §§ 1, 2)

In reviewing a PDC, the planning board shall determine whether:

(1)

The development concept and plan satisfies the objectives and advances the purposes of the PDC.

(2)

Buildings, density or uses, structures, streets, public access, common open space and common community property are adequately grouped, so to the greatest degree practicable, all parts of the development are logically connected.

(3)

Disturbance of property acreage is kept to a minimum.

(4)

Existing scenic views or vistas are permitted to remain unobstructed, especially from public streets.

(5)

The development accommodates and preserves any features of historic, cultural, or archaeological value.

(6)

Floodplains, wetlands, and areas with critical slopes are protected.

(7)

The planning board and town board may, apply such special conditions or stipulations to its approval of a PDC as may be required to maintain harmony with neighboring uses and to promote the objectives and purposes of a comprehensive plan and zoning and subdivision regulations.

(8)

Upon the completion of review of all final plans the planning board shall either recommend approval to the town board or deny the application. In the event the planning board denies the application, the town board is under no obligation to consider the application.

(L.L. No. 8 of 2009, §§ 1, 2)

(a)

In approving a PDC, the planning board may reduce the pavement width of main street or common streets that would otherwise be required by subdivision regulations, to a width of pavement not less than twenty (20) feet.

(b)

An applicant who wants the reduction of pavement width of streets, shall submit a statement of justification for the reduction along with the final site plan.

(c)

To improve continuity of visual aesthetics and decrease on-going maintenance and costs, the requirement for curbs and typical storm drainage appurtenances, including street gutters and storm drainage grates shall not be mandatory for private streets and may be waived by the planning board, on main street and common streets.

(d)

Compliance with all storm drainage codes, rules and regulations shall be met.

(e)

Streets incorporating amenities which create a natural reduction in vehicle speed and/or reduce outside uninvited traffic shall be encouraged. These amenities include: decorative islands, longitudinal speed bumps, narrowing corridors and curves.

(L.L. No. 8 of 2009, §§ 1, 2)

Common open space provided by a PDC shall be conveyed as follows: To a nonprofit organization whose principal purpose is the conservation of open space, to a corporation or trust owned or to be owned by the owners of lots or dwelling units within the residential cluster development, or to owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with the conveyances of the lots or dwelling units. The conveyance shall be approved by the planning board and shall be in a form approved by the attorney for the town.

(L.L. No. 8 of 2009, §§ 1, 2)

(a)

Purpose. A performance bond/letter of credit is posted by the PDC developer, to guarantee to the town that the developer will faithfully construct, or cause to be constructed, the required public improvements and utilities which are an integral part of the approved final plan. Further, that the construction shall be completed within a reasonable period of time and without adverse impact on the community.

(b)

Procedure.

(1)

A performance bond/letter of credit estimate will be prepared by the town engineer.

(2)

The planning board will pass a resolution either approving or adjusting that performance bond/letter of credit estimate and provide four (4) copies signed by the chairman for the use of the developer in obtaining and posting a bond.

(3)

The developer shall present three (3) copies of the performance bond/letter of credit executed on the standard performance bond/letter of credit form with signed copies of the performance bond/letter of credit estimate to the town attorney at least one (1) week prior to any town board meeting for approval as to form and sufficiency by the town board at such meeting.

(3)

The town attorney shall notify the town clerk prior to the town board meeting that the performance bond/letter of credit can be added to the agenda.

(4)

The town board shall approve or disapprove the performance bond/letter of credit as presented by the town attorney. If the performance bond/letter of credit is approved, one (1) copy will be forwarded to the town clerk and one (1) copy will be forwarded with a copy of the town board resolution to the planning board.

(5)

The chairman of the planning board shall receive the performance bond/letter of credit prior to signing any final plan(s).

(6)

After completing the construction of the public improvements covered by the performance bond/letter of credit, and prior to the termination of the bond period, the developer shall prepare a set of the approved public improvement and utility plan and profiles (reproducible Mylar) amended to indicate "as built" (e.g. lateral, valve, manhole) information and apply to the superintendent of highways, water and waste water superintendent and town engineer for a final inspection of the work. The town engineer shall report to the town board on the condition of the work and recommend that the performance bond/letter of credit be released, extended or declared in default. The town engineer shall also report on the desirability of the town accepting offers of cession for streets and other lands to be dedicated for public use.

(7)

The town board shall act on the release of, or declaration of default on, the performance bond/letter of credit.

(c)

Terms of performance bonds/letters of credit.

(1)

Performance bonds/letters of credit shall have a maximum term of three (3) years for construction and guarantee construction for one (1) year after acceptance.

(2)

The term of a performance bond/letter of credit may be extended by petition to the town board.

(3)

Additional considerations.

a.

To minimize any adverse effects of construction and development activities on the community at large or on the streets, roads, and drainage systems of the town, the developer shall implement appropriate preventative measures and maintenance procedures.

b.

These measures and procedures shall remain in effect throughout the development stages from the time of final plan approval to the time of final acceptance upon completion of construction.

c.

Effects to be controlled or mitigated shall include but not be limited to: drainage and stormwater run-off, soil erosion, airborne dust and fumes, and impediments to traffic circulation.

d.

If these preventative measures and maintenance procedures prove inadequate or if unforeseen deficiencies in design become apparent corrective methods shall be implemented as approved by the town engineer.

e.

If such inadequacies or deficiencies persist without effective remedy the town engineer may, after due notification to the developer, take necessary action to remedy any such inadequacies or deficiencies at the expense of the developer.

f.

Expenses incurred shall be chargeable to the performance bond/letter of credit. Certificates of occupancy shall not be issued prior to acceptance of a street.

(d)

General liability insurance.

(1)

Procedure.

a.

The developer shall file with the town attorney an owners protective insurance policy, at the same time the performance bond/letter of credit is filed. The town board shall approve the policy for form.

b.

The policy shall be of the same term as the performance bond/letter of credit and shall be extended in conformance with any extension of the performance bond/letter of credit.

(2)

Coverage.

a.

The policy will insure the town and shall cover all operations in the development involving existence and maintenance of property and buildings, the contracting operations of every nature including all public improvements.

b.

Said policy shall have limits of liability of one million dollars ($1,000,000.00) for bodily injury to each person and one million dollars ($1,000,000.00) liability on the aggregate for each accident and property damage liability of five hundred thousand dollars ($500,000.00) for each accident and five hundred thousand dollars ($500,000.00) aggregate property damage liability.

(L.L. No. 8 of 2009, §§ 1, 2)

(a)

In any case, where the common open space in a PDC is conveyed pursuant to section 24-740, deed restrictions enforceable by the town code enforcement department, shall be recorded which provide that the common open space shall:

(1)

Be constructed, repaired, replaced and maintained in the authorized conditions; and

(2)

Not to be developed for principal uses, accessory uses (e.g., parking), or roadways, unless specific changes are made to the law.

(b)

In addition, the following regulations shall apply:

(1)

Provisions shall be made to maintain and/or clear woodland as necessary for wildlife, trails, active recreation facilities and to properly manage forest land.

(2)

Motorized summer or winter use off-road vehicles, and other uses similar in character and potential impact are not permitted in any PDC open space.

(3)

Concentrated animal feeding operations (CAFO's) as defined by the US Environmental Protection Agency, or commercial livestock operations involving swine, poultry, mink, ratites, and other animals likely to produce highly offensive odors are not permitted.

(4)

Facilities designed for public use shall be accessible to residents of the town.

(L.L. No. 8 of 2009, §§ 1, 2)

(a)

Unless otherwise agreed to by the town board, the cost and responsibility of maintaining community recreation areas and buildings, common community property, common open spaces, common and private streets, non-municipal owned infrastructure and other commonly held facilities shall be borne by the owners as determined by section 24-740.

(L.L. No. 8 of 2009, §§ 1, 2)