1996-03-05- to 1996-05-15 ATM-min

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237 4 Article 29 Section 9. Residential Developments 9.3 GENERAL PROVISIONS APPLICABLE TO ALL RESIDENTIAL DEVELOPMENTS 9.3.1 COMPLIANCE WITH OTHER RULES AND REGULATIONS The construction of community services,such as utilities,and of streets and interior drives shall comply with the requirements of the Planning Board's"Development Regulations".Nothing contained herein shall exempt a subdivision from complying with the provisions of the"Development Regulations" and of the Subdivision Control Law. 9.3.2 PARTS OF DWELLING UNITS BELOW GROUND No part of a dwelling unit, an assisted living unit or a rooming unit used for sleeping, cooking, dining or bathroom purposes may be located in a cellar.(See Definition.)A part of a dwelling unit,an assisted living unit or a rooming unit used for such purposes may be located in a basement(See Definition.),provided the vertical height between the horizontal plane of the ceiling and the finished grade of the ground adjoining the dwelling unit is at least six feet for at least two-thirds of the length of the exterior walls of all rooms used for such purposes. 9.3.3 NON-RESIDENTIAL USES In an RD district, the planned residential development may also include commercial uses provided: a. such uses serve primarily the residents of the development, b. such uses are conducted within and may be entered only from within a principal building, c. there is no external evidence of such uses visible beyond the development tract, and d. the appearance and character of the comniercial uses are compatible with a residential development. 9.3.4 COMMON OPEN SPACE 9.3.4.1 PURPOSE Common open space is intended to provide open,natural area on a site for the general use of most,or all, the occupants of a residential development with three or more dwelling units.It is intended to provide for the active and passive recreational use and visual enjoyment of the occupants of a residential development and, in some cases,for residents of the adjacent neighborhood and the public generally. 9.3.4.2 LOCATION, CONDITION Where required or provided, common open space shall be land that: a. may be in one or more parcels of a size and shape appropriate for the intended use; b. meets the requirements for developable site area as that term is defined in paragraph 7.9.1.; and c. all occupants of a development have the right to use. 9.3.4.3 OWNERSHIP Common open space may be conveyed to: 1) and accepted by the Town to ensure its perpetual use as open space,conservation,recreation or park land; or 2) a legal association comprised of the owners of the development,which may include homeowners or owners of condominium or cooperative units; or 3) a non-profit organization the principal purpose of which is the conservation of open space.When such open space is conveyed to persons or entities other than the Town,an easement over such land shall be granted to the Town to ensure its perpetual use as open space, conservation, recreation or park land, 'k I