ARTICLE 12
P-D,
PLANNED DEVELOPMENT DISTRICT
SECTION 12.01 PURPOSE
The purpose of the Planned Development
District is to provide a means of developing those land areas within the Town
considered appropriate for new residential or business use, or a satisfactory
combination of these uses, in an economic and compatible manner, while
encouraging the utilization of innovative planning and design concepts or
techniques in these areas without departing from the spirit and intent of this
Ordinance. In no case shall the
regulations of this Article be so interpreted as to circumvent the protection
and benefits of this Ordinance to the residents or occupants of such
development or the residents or occupants of adjoining properties.
SECTION 12.02 PROCEDURE
The procedure for the establishment of, and
approval for, development within a Planned Development District is a two‑step
process as described below:
A. The procedure for the
establishment of a Planned Development District shall be as follows:
1. Pre-Application
Conference
Before submission
of a preliminary application for approval of a Planned Development District,
the developer shall meet with the Town Planning Board to determine the
feasibility and suitability of the application prior to entering into binding
commitments or incurring substantial expenses of site and plan preparation.
2. Application Procedure
Application for
designation of a Planned Development District shall be made to the Town Board
and shall be accompanied by a non-refundable application fee to be set by the
Town Board. The Town Board shall refer
said application to the Planning Board within fifteen (15) days of its
receipt. The applicant shall furnish
such data as is called for under Section 12.03 (A), "Preliminary
Plan" of this Article.
a. The Planning Board shall
review such application. The Planning
Board may not , in all cases, have the
expertise to review the detailed design and construction drawings. In those instances, the Planning Board may
confer with other local, county, state and federal agencies and/or private
consultants to insure that review of those areas is completed. Any and all costs incurred by the Planning
Board in the course of its review may be charged to the applicant.
b. The Planning Board may
require such changes in the preliminary plans that are to be found necessary to
meet the requirements of this Section, to protect the established permitted
uses in the vicinity, and to promote the orderly growth and sound development
of the Town. In evaluating the proposal
and in reaching its decision regarding the preliminary plans, the Planning
Board shall consider and make findings regarding those considerations set forth
under Section 12.04 (Development Considerations) of this Article.
c. All applications
for creation of a Planned Development District shall be referred to the
Herkimer County Planning Board which may review and comment on the referral as
in the case of any amendment to this Ordinance, within thirty (30) days.
d. The Town Board shall be
responsible for initiating the State Environmental Quality Review Act (SEQRA)
process. The basic purpose of the State
Environmental Quality Review Act (SEQRA) is to incorporate the consideration of
environmental factors into the existing planning, review and decision making
processes of state, regional and local government agencies at the earliest
possible time. To accomplish this goal,
SEQRA requires that the lead agency (Town Board) determine the type of action
being considered and whether the action they directly undertake, fund or
approve may have a significant effect on the environment. If the agency determines that the action may
have a significant effect on the environment, the agency may require the
preparation of an Environmental Impact Statement (EIS) pursuant to SEQRA 6
NYCRR, Part 617, Section 617.1. The
lead agency shall be responsible for ensuring compliance with SEQRA timetables,
public hearing requirements and all other SEQRA regulations.
e. The Planning Board shall
report its findings and make its recommendations to the Town Board within forty‑five
(45) days. It may recommend approval,
disapproval or conditional approval subject to modifications regarding the
proposed Planned Development District.
After the forty-five (45) days, if no action is taken, said proposed
Planned Development District shall be considered approved.
f. The Town Board shall
consider the report and recommendations of the Planning Board, and all other
comments, reviews and statements pertaining thereto and, if the Board chooses
to pursue the creation of the proposed Planned Development District, shall hold
a Public Hearing after public notice, as required by Article 20 (Ordinance
Amendments) of this Ordinance.
g. The Town Board may amend
the Zoning Map to establish and define the type and boundaries of the Planned
Development District, and in so doing may state specific conditions in addition
to those provided by this Ordinance, further restricting the nature or design
of the development. In the event that
the Planning Board recommends disapproval of the proposal, or recommends
conditional approval subject to modifications with which the applicant is not
willing to comply, the Town Board may amend the Zoning Map in accordance with
the application only upon an affirmative vote of the majority of the members of
the Town Board.
h. Amendment of the Zoning
Ordinance to create a Planned Development District shall not constitute
authorization to develop in the District until the procedure for approval of
development described below has been complied with.
I. If the applicant does not proceed with
the approval of development within an approved Planned Development District
within a period of two (2) years, the Town Board shall have the authority to
again amend the Zoning Map to restore the zoning designation for the district
to the zoning classification that existed prior to the application, or as may
otherwise be appropriate.
B. The procedure for the
approval of development within an established Planned Development District
shall be as follows:
1. Authorization to
initiate development after a Planned Development District has been established
shall require that the applicant submit to the Planning Board such data as are
required under Section 12.03 (B), "Final Plan" of this Article.
2. No Permit shall be
issued until the Planning Board has made a recommendation based on the
development considerations as set forth under Section 12.04 of this Article and
the Town Board has considered this recommendation and authorized issuance of a
Permit by resolution. The Town Board may override the recommendation of the
Planning Board in adopting its resolution to authorize or deny a Permit only by
an affirmative vote of a majority of the voting members of the Town Board.
3. All conditions imposed
by the Planning Board or Town Board including any the performance of which may
be conditions precedent to the issuance of any Permit shall run with the land
and shall not lapse or be waived as a result of any change in tenancy or
ownership of any or all of the designated Planned Development District.
4. If construction of the
development in accordance with the approved plans and specifications has not
begun within two (2) years after the date of the resolution authorizing
issuance of the Permit(s), the Planning Board shall review the approved plan
and may recommend to the Town Board that the Permit(s) previously issued be
revoked. Upon resolution by the Town Board, such Permit(s) may be declared null
and void, the approval shall be deemed revoked and vacated, and the Town Board
shall have the authority to again amend the map to restore the zoning
designation for the district to the zoning classification that existed prior to the application, or as may be
otherwise appropriate.
5. All development in a
Planned Development District shall proceed in accordance with the approved site
plan for the development. Any changes
to the approved site plan shall be reviewed by the Zoning Enforcement Officer
and, if deemed substantial, may require approval by the Planning Board.
SECTION 12.03 SUBMISSION
REQUIREMENTS
The following required plans and data are to
be submitted in accord with the procedures for the Planned Development District
process:
A. Preliminary Plan for
consideration of the establishment of a Planned Development District.
1. Site
Plan ‑ to be prepared at a minimum scale of l'=100' (preferred scale of
l"=40'), unless otherwise approved by the Planning Board to include:
a. Title, scale, north
arrow and date.
b. Location
map showing location of proposed development or project in the Town, boundaries
of the tract, contiguous properties and any zoning districts and easements.
c. Topographic data based
on USGS or equivalent and other site characteristics including soils, drainage
and tree cover.
d. Existing land use on, and immediately adjacent to, the
parcel.
e. Proposed lot and/or building layout, including adequate
means to identify each lot and block or group of buildings, and minimum set‑back
or building line.
f. Street layout, including right‑of‑way
and improved surface widths and typical cross sections of proposed
roadways. Traffic volumes and projected
changes to the volume due to the plan, if requested or required by the Planning
Board.
g. Location and description of utilities on and adjacent to the
tract and proposed connection thereto, or alternative means of water supply,
sewage disposal, electric, telephone and other service facilities.
h. Location,
dimension and purpose of any easement.
I.
Existing drainage ways and provision for collecting and discharging
surface drainage and stormwater run‑off.
j.
Location, dimension and description of
land or facilities to be dedicated or reserved for public use.
k. The location, size and
design for all proposed signs.
l. A landscaping plan,
showing the location, size, type and quantity of proposed shrubs, trees and
other live plant material.
m. The location, direction,
power and time of use for any proposed outdoor lighting.
n. Elevations of all proposed principal
and accessory structures.
2. Development Data
a. Total
acreage of tract or parcel.
b. Proposed timetable or stages for sale or development.
c. Type of project, i.e.,
sale of lots, buildings, rental, condominium, etc
d. Existing and
proposed utilities and service facilities, including feasibility data on sewer,
water and storm water drainage.
e. Proposed number of
lots and typical lot‑size or number of units and overall density are to
be located on the site plan.
f.
Lineal feet of proposed streets, number of proposed parking spaces,
acres in proposed parks, recreation or
open‑space areas or as required
by the Planning Board.
3. Legal Data
a. Application.
b. Names and addresses of
owner, developer and professional advisors.
c. Required fee, if any.
B. Final Plan for
consideration of development within a Planned Development District:
1. Site Plan ‑ Scale
to be same as for Preliminary Plan
a. As required for
Preliminary Plan.
b. Tract Boundary lines,
right‑of‑way lines, easements and individual lot lines with
accurate dimensions, bearings, radii, arcs, and central angles of all curves
and location and description of all monuments.
c. Reference to adjoining
platted land or names of owners of record of unplatted lands.
d. Topographic date showing
contours at a minimum of two (2) foot intervals related to USGS or other
permanent bench mark where natural contours are to be changed; otherwise at
five (5) foot intervals.
e. All trees to be removed
or within fifty (50) feet of any area where the natural contour is to be
altered which are of eight (8) inch caliper or more as measured three (3) feet
above ground level.
f. Typical cross‑sections
of street, including pavement, shoulders, ditches, and walks and cross‑sections
of drainage easements, as necessary.
g. Profiles of street
center lines showing vertical and horizontal curve data, slope of tangents and
elevations of street intersections and other critical points.
h. Profiles of storm and
sanitary sewers, if any, showing diameter of pipe, and distance between
manholes and catch basins.
2. Development Data
a. As required for
Preliminary Plan.
b. Detailed drawings and
specifications for water supply, storm water disposal, sanitary sewage disposal
and all other required site facilities, services or installations as required
by the Planning Board.
3. Legal Data
a. As required for
Preliminary Plan.
b. Certification of title
showing that applicant is the landowner or holds a legitimate interest in the
property.
c. Certification by
licensed land surveyor of survey and plat accuracy.
d. Protective covenants in
form for recording, including covenants governing the maintenance of unceded
public space or reservations.
e. Offers of cession
dedicating street, easements, open space and other facilities.
f. Approval by the State
or County Health Department as applicable, of sewer and water facility drawings
and proposals.
g. Approval by the
Department of Environmental Conservation, where applicable.
h. Copies of agreements
showing the manner in which areas reserved by the applicant are to be
maintained.
I. Certification by a
licensed professional engineer, architect, licensed land surveyor and/or
landscape architect as is appropriate, that required facilities have been
designed to meet the minimum standards of this Ordinance or otherwise required
by law.
j. Any other data as may
be required by the Planning Board or Town Board for the enforcement of this
Ordinance, including an environmental impact statement according to the guidelines
of the National Environmental Policy Act of 1969.
j. Performance bond to
cover full cost of any improvements for which the Town will ultimately assume
responsibility, as may be required by the Town Board.
k. Approvals by the New
York State Department of Transportation and the Herkimer County Department of
Highways, where applicable.
l. Approvals by the New York State
Department of Transportation and the Herkimer County Department of Highways,
where applicable.
C. As‑built drawings
will be filed upon completion of any required underground improvements. No certified check or performance bond shall
be released until the drawings and documents listed below have been filed with
and approved by the Planning Board.
1. Facilities and
improvements as located and constructed in accord with the Final Plan,
certified to by a licensed land surveyor, professional engineer, architect,
landscape architect and/or contractor, as is appropriate.
2. All offers of
cession, deeds, abstracts and easements for any street, sewer, water or other
facilities as approved and certified to by the Town Attorney.
SECTION 12.04 DEVELOPMENT
CONSIDERATIONS
The following considerations will be
evaluated in the process of reviewing the Preliminary and Final Plans submitted
under the Planned Development District process and the Town shall be satisfied
in every instance that these factors are to be adequately handled or provided
for in the proposed development:
A. The proposal is
consistent with this Zoning Ordinance and the purposes of the Planned
Development District process.
B. The proposal shall be
consistent with the established character and adjoining uses of the
neighborhood and shall provide all reasonable safeguards for the protection of
this character and property values.
C. The proposal shall be so
located as to be efficiently served by the traffic ways, water supply, sewage
disposal, refuse collection, school, and fire and police protection systems.
D. In particular, the
proposal shall provide adequately for the movement of vehicular traffic
according to the following:
1. It
shall relate properly in terms of traffic volume, capacity and points of access
and egress to the existing road system;
2. Internal roadways shall
be designed and improved according to acceptable standards; and
3. Adequate off‑street
parking and, where appropriate, loading space shall be provided.
E. The provisions for all
utilities, including water, sanitary and storm sewer, electric, gas and
telephone shall be satisfactory to the Town and according to acceptable
standards.
F. The location of
principal and accessory buildings on the site in relation to that side, to one
another and to adjoining uses shall be satisfactory and in accord with the
recommendations of the Town.
G. The type of construction,
building facade, and bulk and height of all structures shall be appropriate to
their function and adjoining structures in the neighborhood and in keeping with
the existing standards set forth in this Ordinance or any other existing regulations.
H. The proposal shall
provide for such open space, recreation area, buffer areas and pedestrian
access and circulation as is appropriate and to the satisfaction of the Town.
I. The proposal shall
include appropriate provisions for such signing, lighting, fencing and
landscaping as the Town may require.
J. No land or building in
any Planned Development District shall be used or occupied in such a manner as
to create any dangerous, injurious, noxious, or other hazard due to odor, fire,
noise, explosion, vibration, smoke, dust dirt, or other form of air pollution,
glare, electrical or other disturbance.
The determination
of potentially dangerous or objectionable elements shall be made at locations
as follows:
1. At the point of origin
for fire and explosion hazards, for radioactivity and electrical disturbances,
and for smoke and other forms of air pollution; and
2. At the property line for
noise, vibration, glare, odors and other hazards or nuisances.
SCHEDULE A
P-D,
PLANNED DEVELOPMENT DISTRICT
|
Principal Permitted Uses |
Minimum Lot Area (Sq. Ft.) |
Minimum Lot Width (Feet) |
Maximum Lot Coverage |
Maximum Building Height (Stories) |
Maximum Building Height (Feet) |
Minimum Front Yard (Feet) |
Minimum Side Yards One/Both (Feet) |
Minimum Rear Yard (Feet) |
|
Residential, Commercial,
Industrial and Recreational Uses (Refer to Procedures in
Article 12) |
10 Acres |
* |
* |
* |
* |
* |
* |
* |
* All bulk, coverage and
setback requirements shall be determined in accordance with the procedures
outlined in Article 12
SCHEDULE B
P-D,
PLANNED DEVELOPMENT DISTRICT
|
Accessory Structure |
Maximum Area (Square Feet) |
Maximum Height (Feet) |
Minimum Front Yard (Feet) |
Minimum Side Yards (Feet) |
Minimum Rear Yard (Feet) |
|
* |
* |
* |
* |
* |
* |
*
All bulk, coverage and setback requirements shall be determined in accordance
with the procedures outlined in Article 12