All buildings, including accessory buildings, shall not cover more than 20% of the area of the plot.

Setbacks shall be required for all principal and accessory buildings as follows:

A. Front yards:

(1) Not less than 25 feet from any private street or town road.

(2) Not less than 50 feet from any county road or any county recreation area, including beaches.

(3) Not less than 100 feet from any state highway

B. Side yards:

(1) For single-family detached dwellings, the requirement shall be the same as the zoning of the site prior to CR in the case of residential districts: and in the case of Business Districts, the same as in B Residence.

(2) For townhouses, not less than 20 feet, except that there shall be a yard of at least 50 feet at each end of the development area, the purpose of which is to provide vistas and views and preserve and/or create open space on the perimeter of the site and for the neighborhood.

C. Rear yards:

(1) For single-family detached dwellings, the requirement shall be the same as the zoning of the site prior to CR in the case of residential districts: and in the case of Business Districts, the same as in B Residence.

(2) For townhouses, not less than 30 feet.

The distance between any two principal building structures shall equal at least the average height of such structures at the point where such structures are nearest to one another. The distance between any principal structure and any accessory building, or between two detached accessory buildings, shall be not less than 20 feet. However, any other provision notwithstanding, a minimum distance of 60 feet shall be maintained between the center of any legal window, other than a legal bathroom or kitchen window, and any wall of the same or of another structure. the plane of which is parallel to, or which intersects the plane of, the wall in which said window is located at an angle of less than 90§, such distance being measured in horizontal projection at the sill level of said window.

A. The following encroachments upon required areas are permitted:

(1) Cornices, eaves, gutters, chimneys or bay windows projecting not more than 24 inches.

(2) One-story open porches and terraces not exceeding three feet in height, projecting not more than six feet only into a front or rear yard.

(3) One-story enclosed vestibules not greater than six feet wide and five feet deep, projecting only into a front yard.

B. In any case where the Board of Appeals, by variance, has permitted the reduction of a required yard, none of the foregoing encroachments shall be permitted into such diminished yard.

A. The area occupied by accessory buildings or structures shall be included in computing the maximum percentage of the lot area which may be utilized for buildings.

B. Outdoor or indoor pools shall be considered accessory structures, subject to the following requirements:

(1) All pools shall be shown on the site plan and shall be permitted by the Town Board only upon making a finding as part of the resolution granting the zone change that the proposed pool and ancillary equipment or facilities:

(a) Will not adversely affect the public health, safety and general welfare.

(b) Will be limited to use by members and guests of the condominium association.

(c) Will not tend to depreciate the value of the property in the area immediately adjoining the land being so used.

(d) Will not tend to alter the essential character of the neighborhood.

(e) Will not be located so as to be visible to a significant extent from adjoining residential properties. nor interfere with the use and enjoyment of adjoining properties.

(f) No aboveground pools are permitted.

(2) In order to safeguard the general safety of the community, particularly the children thereof, and to ensure the public health of the community generally, the following specific conditions are hereby imposed on all swimming pools of permanent construction:

(a) Any electric wiring for lighting or other use, other than for lighting which is part of and enclosed in the pool structures, shall not be closer than 15 feet to said pool.

(b) Said pool shall be located no closer than 20 feet to any cesspool or dry well (excluding roof leader dry wells) on its own or adjacent property.

(c) Any water from a public water supply shall be introduced into a swimming pool by means of a permanent rigid system of piping, and shall in every manner conform to the New York State Sanitary Code.

(d) No swimming pool shall have a water capacity in excess of 7,500 gallons without a recirculating and filtering system of sufficient capacity to meet good public health and engineering practice.

(e) A permit, when issued, may also have endorsed thereon any such reasonable rules and regulations for the operation, maintenance and use of such pool as may be promulgated by the Town Board.

(f) A fence meeting the requirements of Article XXV of this ordinance shall be provided.

(g) No part of any pool shall be located within 50 feet of any external property line, nor within 100 feet of any residence district boundary.

(h) The fence referred to in Subsection B(2)(f) above shall be erected at least eight feet from the edge of the pool. Said fence shall be at least 45 feet from any property line unless the Town Board shall otherwise direct as part of site plan approval.

(i) A walkway of at least eight feet in width shall be built on all sides of the pool.

(j) All lighting, accessory to said pool, shall be located at a distance of at least two feet therefrom, and shall not throw any rays beyond property lines. Underwater lighting may be part of the pool structure where so designated on the plans submitted to the Town Board.

(k) No permission shall be granted for the installation of any swimming pool, unless the plans meet the requirements of §§ 252B and 253 of this ordinance.

(l) All applications and the plans submitted in connection therewith shall indicate the approval of any governmental agency having jurisdiction of the local water supply.

(m) Application. The following data shall be submitted at the time of the application for a permit for the entire development, or may be submitted at a later date as part of a request for a separate swimming pool permit:

[1] The location and size of the swimming pool area.

[2] The location of all structures and improvements.

[3] The location of the site in relation to adjacent properties and buildings.

[4] The location of all cesspools within 50 feet of the pool or pool dry wells.

[5] The size of the pool, including dimensions, design and elevation thereof, drainage, sewerage, sanitary facilities, safety walkway around the pool, fences and location thereof in relation to said pool and property lines.

[6] The location of all electrical wiring and lines.

[7] The breakdown of estimated costs used in the application.

(n) All heaters and filters used in or in connection with the operation of the pool shall be located and placed not closer than 75 feet from any and all residence boundaries.

(o) Any outdoor pool shall be constructed in such manner so as to permit the pool to be securely covered during such time as the use of said pool has been seasonally discontinued. The covering of such pool shall be by cloth or other substance of sufficient strength to prevent the same from tearing or ripping when a weight of not more than 175 pounds is placed on any part thereof.

(p) No change in the location of the pool or any of its equipment, fixtures or appurtenances, as shown on the application as granted, shall be made without the express written consent and approval of the Town Board.

C. Outdoor or indoor tennis courts shall be considered accessory uses, subject to the following requirements:

(1) There shall be no more than one court for each 20 units.

(2) Tennis courts shall not be constructed in required yards.

(3) Loudspeaker devices shall be prohibited, nor shall any lighting be installed in connection therewith which shall throw any rays beyond property lines.

D. Administrative, management and maintenance space shall be considered accessory uses.

E. If, in the judgment of the Town Board, the proposed condominium development is one that is likely to be occupied by families with children, there shall be provided by the developer a suitably improved children's recreation and play facility with an area of not less than 150 square feet for each unit in the development. Such space shall be deemed a part of the required open space.

A. Not less than 20% of the entire tract shall be reserved as common open space to serve all residents of the development.

B. The plan and layout of such open space and any facilities located therein shall be submitted to the Town Board for approval, which approval shall be contingent upon the submission by the applicant of such covenants as the Town Board shall find adequate to assure that the private common open space shall not be built upon throughout the life of any building in the development of which it is a part, that continued ownership and maintenance shall be properly provided for, and that taxes shall continue to be paid upon the open space or upon the total condominium of which the open space is a part.

A. Fences not over four feet in height may be erected only if shown on the approved site plan, provided that if such fence shall be erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street, and provided further that within a radius of 30 feet of the corner formed by any intersecting streets, the height of any fences, hedges or shrubberies measured from the existing elevation of the center line of the abutting street shall not exceed a height of 2 feet at any point. Otherwise, fences may be erected and shall be erected in accordance with the approved site plan and shall thereafter be properly maintained at all times.

B. All fences shall be so erected that the finished surface shall be visible to adjacent residential zoning district properties.

C. Any other provision notwithstanding, the Town Board, upon its review of a site plan, may waive or alter fence requirements in the interest of improved building or site design and when it determines that such waiver will contribute to the livability and design quality of the project.

A. Not less than two parking spaces shall be provided for each dwelling unit, of which at least one shall be located within the principal structure with the balance provided in a parking area as a common element, within a reasonable distance, as shown on the site plan.

B. Not less than four additional parking spaces shall be provided for each professional office, in a location convenient to the professional office, and shall be shown on the site plan.

C. All garages shall be architecturally compatible with the principal buildings. Detached single-car garages shall not be permitted for townhouses. Where garages are provided in separate accessory structures, each such structure may not exceed a total capacity of eight cars.

D. All parking spaces, whether open or closed, shall be restricted to the parking of currently registered private passenger vehicles.

E. All parking areas shall be paved and all parking spaces shall be individually identified by means of pavement markings.

F. Wherever a parking lot abuts on any street, the entire street frontage, except at points of ingress and egress, shall be screened with a thick hedge, fence or wall of a material and design acceptable to the Town Board. Such hedge, fence or wall shall have a height above grade of not less than 30 inches.

G. All parking lots shall be lighted from sunset to sunrise at an intensity not in excess of five footcandles nor less than 1.5 footcandles at pavement level. The installation of such lighting shall be so hooded or shielded as to reflect the light away from abutting or neighboring streets and properties.

H. No parking spaces shall be installed or maintained on any plot or lot in the required front yard, except when permitted by the Town Board.

The entire plot of any condominium development, except for areas covered by buildings or parking or service areas, shall be suitably landscaped and properly maintained. Wherever any lot abuts the boundary of a one-family residence, there shall be provided a densely planted evergreen screen with an initial height of six feet. A landscaping plan and planting schedule (using common names) prepared by a landscape architect shall be submitted with the site plan and shall be subject to review in the same manner as the site plan.

Adequate provision shall be made on the premises for safe and convenient storage and removal of garbage and refuse located and screened in accordance with the approved site plan. Containers shall be housed in a roofed structure or structures enclosed on three sides, of material that is architecturally compatible with the principal buildings.

All service areas shall be screened at all times of the year in accordance with screening shown on the site plan.