[Added 10-14-1980 by L.L. No. 1-1980]
The following regulations shall apply in all
Advanced Living Multiple Residence Districts, sometimes called "Residence
AL Districts."
The advancement of age, with its physical restrictions,
the fact of limited or fixed income and the conditions of rising costs
for acquiring, keeping and maintaining a single-family dwelling have
all caused serious housing problems for certain of the Village's senior
citizens. Present economic conditions, the lack of moderately priced
housing and the high proportion of senior citizens in the Village's
population are serious problems that will intensify if proper housing
is not provided. The Village Board therefore recommends that a limited
amount of moderately priced apartments be permitted.
In Advanced Living Multiple Residence Districts,
no building or premises shall be used, and no building shall hereafter
be erected, except for use as a multiple residence designed primarily
to provide living and dining accommodations for persons over the age
of 62. At least one occupant of each dwelling unit must meet this
minimum age requirement, and no occupants may be less than 19 years
of age.
In Advanced Living Multiple Residence Districts
where a private street or road is provided on the site, the front
yard setback shall be measured from the established curbline or the
unobstructed right-of-way.
In an Advanced Living Multiple Residence District,
no building hereafter erected or altered shall be more than 2 1/2
stories above ground level. The roof shall be a peak roof only and
shall have a pitch of not less than 4/12. In no event shall any building
exceed 35 feet in height.
In Advanced Living Multiple Residence Districts,
no building shall be erected or altered on a lot having an area of
less than two acres.
In Advanced Living Multiple Residence Districts,
the front setback in any building unit shall not be less than 30 feet
after street dedication. Balconies, porticos or like open areas may
extend not more than 10 feet into the front yard.
In Advanced Living Multiple Residence Districts, a corner lot shall have a front yard along each street as provided in § 365-71.
In Advanced Living Multiple Residence Districts,
there shall be two side yards, one on each side of the main building,
each having a minimum width of at least 20 feet, except that where
there shall be two or more main buildings on the plot, there shall
be a minimum distance between buildings of 20 feet in addition to
the twenty-foot side yard requirements along the side property lines
of the entire plot.
In Advanced Living Multiple Residence Districts,
there shall be a rear yard having a minimum depth of 25 feet.
In Advanced Living Multiple Residence Districts,
chimneys, cornices, eaves, gutters, bay windows projecting not more
than 24 inches and one-story open porches and/or terraces not exceeding
three feet in height are hereby permitted encroachments into yard
areas, except as otherwise provided herein.
In Advanced Living Multiple Residence Districts,
no multiple-family dwelling authorized hereby shall be erected or
altered to accommodate or make provision for more than 16 units of
housing per acre or more than a proportionate number of dwelling units
on any fractional part of an acre, or such other amount as fixed by
the Board of Trustees of the Village of Babylon, and for the purpose
of this section a dwelling unit shall be such combination of rooms
with provisions for living, cooking, sanitary and sleeping facilities
arranged for the use of one family which shall consist of not more
than four separate rooms exclusive of bathrooms and hallways. The
maximum number of dwelling units on any one site shall not exceed
100 units. Each unit shall contain only one bedroom.
In Advanced Living Multiple Residence Districts,
no basement or cellar shall be occupied as living or sleeping quarters.
Living or sleeping quarters may be provided for management and/or
custodial employees as designated by the New York State Uniform Fire
Prevention and Building Code or the Babylon Village Code.[1] In any event, such living quarters are restricted to the
first and second floors only.
In Advanced Living Multiple Residence Districts,
the minimum habitable floor area for each dwelling unit shall not
be less than 500 square feet.
In Advanced Living Multiple Residence Districts,
there shall be suitable landscaping, shrubbery, trees and screening
as determined by the Village of Babylon Planning Board.
In Advanced Living Multiple Residence Districts,
an off-street parking area conforming to the requirements of this
chapter shall be provided for each building unit at a ratio of one
space for each unit. Where garages are provided, they may be substituted
for such off-street parking areas and shall conform architecturally
to the principal buildings. Ten percent of the required parking shall
be designated as visitor parking. Said parking areas must meet the
requirements of the Village Building Code[1] and must be curbed, striped and have direction of travel
hand painted over blacktop. Minimum paving specifications shall be
designated by the Village of Babylon Planning Board.
For the purposes of this article, the use of
the reference "New York State Uniform Fire Prevention and Building
Code" shall also require compliance with the Babylon Village Building
Code, and if the same are inconsistent, the Babylon Village Building
Code shall prevail.[1]
In Advanced Living Multiple Residence Districts,
no garages or storage buildings shall exceed 18 feet in height or
be built within six feet of any side or rear lot line or nearer than
50 feet to any street line.
In Advanced Living Multiple Residence Districts,
each unit shall be provided with a designated utility area for laundry
purposes, which shall consist of one washer and dryer for each such
unit.
In Advanced Living Multiple Residence Districts,
commercial-type refuse containers must be provided and enclosed with
six-foot slatted chain link fence and gate or other suitable material
as designated acceptable by the Village of Babylon Planning Board,
to be placed on concrete pads and kept clean at all times. No on-site
incinerating shall be permitted.
In Advanced Living Multiple Residence Districts,
no principal building authorized by this article shall be erected,
altered or used unless provided with municipal sewage disposal facilities
or unless an independent sanitary system or installation approved
by the Suffolk County Department of Health, where required, is constructed
for the sanitary disposal of sewage of such dwellings.
In Advanced Living Multiple Residence Districts,
no building shall hereafter be erected unless a drainage plan providing
for the collection, storage and disposal of stormwater runoff from
the site according to standards established in the subdivision regulations[1] of the Village of Babylon Planning Board has been approved
by the Planning Board and Village Engineer.
In Advanced Living Multiple Residence Districts,
all parking areas, entries, corridors, passages, utility areas and
front landscaping must be provided with adequate lighting for safety
purposes. Lights shall be adjusted so as not to shine into adjacent
properties. Lights must be controlled by a time clock or positive
photocell switching so as to ensure adequate lighting during all dark
hours.
In Advanced Living Multiple Residence Districts,
all construction must conform to the New York State Uniform Fire Prevention
and Building Code or Babylon Building Code[1] for multiple dwellings, Group B-3, and the New York State
Fire Underwriters' Code. Exteriors must have some brick or stone veneer
which will be subject to review and approval by the Village of Babylon
Planning Board.
In Advanced Living Multiple Residence Districts,
no business or profession of any type shall be permitted.
In Advanced Living Multiple Residence Districts,
the site plans for the erection of a multiple residence shall be subject
to the specifications and review of the Village of Babylon Planning
Board.
No building permit shall be issued for the construction
of advanced living housing, and no certificate of occupancy shall
be issued for such housing, unless the owner has first obtained a
special use permit in accordance with the provisions of this section.
A.
Applications. Applications for special use permits
to construct advanced living multiple residence housing shall be made
to the Board of Trustees of the Village of Babylon, shall be accompanied
by a filing fee of $250 and shall consist of the following materials
and specifications:
(1)
Five copies of an architectural plan prepared and
certified by a registered architect, at a scale of 1/2 inch to the
foot, of each structure to be built, showing a floor plan of each
floor and side elevations on all sides of each building.
(2)
Five copies of a survey map of the parcel to be developed,
prepared and certified by a licensed land surveyor, at a scale of
20 feet to the inch, showing dimensions of the parcel, the location
and dimensions of all structures and permanent improvements intended
to be constructed thereon, the proposed location of all utility and
water lines and all drainage improvements to be built.
(3)
Two copies of a survey map of the parcel to be developed
and all properties within 300 feet of each perimeter property line,
prepared and certified by a licensed land surveyor, at a scale of
100 feet to the inch, showing the locations of all structures presently
situate thereon, all structures proposed to be built, all streets
and all utility and water lines.
B.
Such proposal shall be subject to a thorough site
and design evaluation by the Planning Board of the Village of Babylon
and shall be heard by the Village Board at a public hearing.
A.
The proposal shall be considered with reference to
the following:
(1)
The site shall be well drained and have soils capable
of handling septic waste without danger to adjacent properties or
without danger to the community's extractable water supply.
(2)
The site shall have entry from an improved road offering
acceptable sight distance and other safe access features.
(3)
Public water supply and electric underground service
shall be brought to the site at no cost to the Village.
B.
In addition to the aforementioned regulations, the
following regulations shall apply:
(1)
Safety features, such as but not limited to handrails,
grab rails in tubs and showers and nightlights, shall be incorporated
into the building plans and site, and floor plans must allow for adequate
living area, light, heating and noise-free habitat.
(2)
The architectural style and exterior material, finish
and color shall be in harmony with the adjacent residential neighborhood,
and said buildings shall be so placed on the site as to prevent a
regimented, institutionalized appearance.
(3)
All building construction shall conform to the New
York State Uniform Fire Prevention and Building Code and Village of
Babylon Building Code[1] and all other state, county and local laws.
(4)
All building construction shall incorporate contemporary
methods for energy conservation, including but not necessarily limited
to appropriate weather stripping and insulations to protect against
wind chill, including storm doors and windows.
