Corinth Village City Zoning Code
ARTICLE VI
Planned Development Districts
[Amended 5-7-2014 by L.L. No. 1-2014; 12-5-2018 by L.L. No. 2-2018]
§ 500-23 Legislative intent, purpose and objectives.
A.
Intent:
(1)
The planned development procedure provides a flexible land use and design regulation through the use of performance criteria so that development may be matched to the unique characteristics of the site. Furthermore, innovative development techniques may be accommodated that might not otherwise be possible through strict application of standard land use and subdivision requirements.
(2)
The planned development district (PDD) serves as a floating zone applicable to any zone within the Village. The conventional use, area, coverage and density specifications set forth by this article are intended to be replaced through application of the planned development procedure by the approved PDD plan which then becomes the basis legislatively established by the Village Board for detailed design, review and control and subsequent development.
(3)
There are four types of PDDs permitted in the Village of Corinth: residential, commercial, industrial, and mixed use.
B.
Objectives. In order to carry out the intent of this article, a PDD shall achieve the following objectives:
(1)
Reasonable choice in the types of environment, housing types, community facilities and industrial operations available to current and future Village residents.
(2)
More usable open space and recreation areas.
(3)
Preservation of trees, streams, wetlands, natural topography and geological features and prevention of soil erosion.
(4)
A creative use of land and related physical development which promotes an orderly transition from vacant spaces to rural and suburban uses.
(5)
An efficient use of land resulting in smaller networks of utilities and roads.
(6)
More convenience in location of accessory commercial and service areas.
(7)
A development pattern in harmony with the objectives of the Village Comprehensive Master Plan and the policy considerations underlying this section.
§ 500-24 Criteria.
A.
Development area:
(1)
The minimum development area required to qualify for a PDD shall be three contiguous acres.
(2)
The calculation of such land area shall not include existing streets, easements, parks, or otherwise dedicated land or acreage, or lands undevelopable by reasons of topography, drainage, occurrence of wetlands, periodic inundation by floodwaters, or adverse subsoil conditions.
B.
Ownership. The tract of land for a project may be owned, leased, or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by the owners of all property included in the project. In the case of multiple ownership, the approved plan and its amendments shall be binding on all owners or their successors in title or interest.
C.
Permitted uses in PDDs. All uses within an area designated as a PDD are determined by the provisions of the PDD and the approved plan of the project concerned.
§ 500-25 Review procedure.
A.
Application:
(1)
Application for establishment of a PDD shall be made in writing with a letter transmitting an application to the Village Board of Trustees. The application shall include 12 copies of a sketch plan as described in § 500-26 and seven copies of a completed long environmental assessment form, Part I.
(2)
Upon resolution of the Village Board to consider a PDD application, the applicant shall submit the applicable fee as determined by the Village Board of Trustees and posted in the Village Hall. The Village Clerk-Treasurer shall then send five copies of the application, sketch plan and environmental assessment form to the Village Planning Board. If applicable, the Village Clerk-Treasurer shall also forward a copy of the application to the County Planning Board in accordance with §§ 239-l and 239-m of the General Municipal Law.
(3)
Upon receipt of the application and completion of its review, the Village Planning Board shall make a recommendation for approval, approval with modifications, or denial to the Board of Trustees. The Board of Trustees will then accept the submission of a full application. If the Board of Trustees decides to proceed, seven copies of a complete application as described in § 500-26.1 shall be submitted to the Village Clerk-Treasurer.
(4)
The Village Board of Trustees is under no obligation to consider a PDD application and the Board may, under its sole discretion, terminate the review at any point during the review process.
B.
Planning Board review. The Planning Board shall review the sketch plan with the applicant to determine if it meets the standards of this article as outlined in § 500-26.2. The Planning Board may require additional changes to the sketch plan as deemed reasonable to protect the sound growth and development of the Village. In reaching its recommendation on the proposed development and changes, if any, in the sketch plan, the Planning Board shall consider the following:
(1)
Building design. The building design shall take into consideration factors including, but not limited to:
(a)
The layout and design of buildings to provide for convenient access to and from adjacent uses and neighborhoods;
(b)
Individual buildings shall generally be related to each other in design, masses, elevations, materials, elevation, placement and connections, to provide a visually and physically integrated development;
(c)
The design of buildings and the parking facilities to take advantage of the topography of the site, where appropriate, to provide separate levels of access;
(d)
The orientation of buildings, where possible, to ensure adequate solar orientation for maximization of passive and active solar energy options, light and air exposure to the rooms within and to adjacent properties;
(e)
The arrangement of buildings as to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be so oriented as to preserve visual and audible privacy between adjacent buildings; and
(f)
All buildings shall be arranged so as to be accessible to emergency vehicles.
(2)
The existing character of the neighborhood in which the uses will be located;
(3)
Circulation system design.
(a)
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading spaces; and
(b)
Roads, bike paths and pedestrian walks and open spaces shall be designed as an integral part of an overall site design and shall be properly related to existing and proposed buildings, and appropriately landscaped.
(4)
The traffic circulation features within the site and the amount, location and safety of access both to the site and within the site, including the provision of vehicular parking areas and the impact of the proposal on an existing transportation system;
(5)
The adequacy of proposed public/private utilities, including water supply, sewage treatment and stormwater drain facilities;
(6)
The height and coverage of buildings and their relation to one another and neighboring development;
(7)
The protection of existing natural features, landscaping plans to be implemented subsequent to development, and a long-term maintenance plan for such landscaping;
(8)
The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general;
(9)
Such other matters as the Planning Board may consider pertinent; and
(10)
Conformance with the Comprehensive Plan for the Village of Corinth.
C.
Planning Board action. Within 60 days of the date of the referral from the Village Board, or from the date that all information requested by the Planning Board is submitted, whichever is later, the Planning Board shall recommend approval, approval with modification, or disapproval to the Village Board.
D.
Village Board action. Upon receipt of the Planning Board's report, or upon failure of the Planning Board to act within the prescribed time period, the Village Board shall conduct a public hearing on the proposed PDD. Public notice of such hearing shall be published in a newspaper of general circulation in the Village at least 10 days prior to the date of the hearing. The Village Board may, following the public hearing, adopt a local law defining the PDD and amending the Zoning Map for the Village of Corinth.
E.
Compliance with the State Environmental Quality Review Act (SEQRA). The Village Board shall comply with the requirements of SEQRA in reviewing the proposal. If the time schedule for SEQRA is different, the schedule should be modified for SEQRA for projects that are subject to an environmental impact statement.
§ 500-26 Sketch plan.
The sketch plan shall be drawn at a scale of not less than one inch equals 100 feet or at an alternative scale as approved by the Planning Board and shall show the lands to be developed. A boundary survey need not be submitted at this phase. The sketch plan shall include the following:
A.
Property lines, existing and proposed, together with acreage of all lots, including any easements and dedication;
B.
General topographic and drainage information, both existing and proposed;
C.
Existing natural and man-made features, including streams, drainage improvements, wetlands, floodplains, slopes over 15% grade, and existing buildings and structures;
D.
All existing and proposed elements of vehicular and pedestrian circulation, including but not limited to roadways, parking areas, loading areas, walkways, bike paths, and parking garages;
E.
Delineation of the various use areas in the proposed PDD indicating for each area its general extent, size and composition in terms of use and total number of buildings; for residential districts, approximate percentage allocation by residential type; for mixed-use, commercial and industrial districts, approximate percentage allocation by use;
F.
Proposed location, type and size of landscaping, buffer areas and other aesthetic features;
G.
Proposed public utilities, including type and method of water supply, sewage and stormwater management;
H.
Location map showing uses and ownership of adjacent lands; and
I.
Proposed location, type and size of signs, driveways and emergency zones.
§ 500-26.1 Application.
An application for establishment of a PDD shall be made in writing to the Board of Trustees and shall be accompanied by the applicable fee. The application shall also be accompanied by a full environmental assessment form or draft environmental impact statement as required by SEQR, or other documentation establishing that the proposed PDD is a Type II action pursuant to 6 NYCRR Part 617. The Board of Trustees shall refer the application to the Planning Board after determining that the application is complete for purposes of review. A complete application shall include the information specified above. In addition to the items listed above the Village Board of Trustees, at its discretion, may require additional information prior to making a determination of application completeness.
A.
General requirements. A description of:
(1)
The location of the site within the Village;
(2)
The area context within the Village in which the site is located;
(3)
The land uses and land use density present on the site and on those parcels adjoining the site including those which may be across a street rail line, and/or utility right-of-way;
(4)
The current zoning on site and on those parcels immediately adjoining the site;
(5)
The natural environs, including their condition, on the site and on those parcels immediately adjoining the site. Photographs are encouraged;
(6)
The man-made features (buildings, structures, infrastructure - roads, water, sewer, telecommunication, etc.) on the site including a description of their condition. Photographs are encouraged;
(7)
The desirability of the proposed land use in the proposed location including a description of the existing character of the neighborhood;
(8)
The existing state, county, or Village highways that provide access to the site;
(9)
The compatibility with established community planning goals;
(10)
The phasing program if phases are proposed or if the proposed land uses will require more than 24 months to be completed;
(11)
The proposed principal uses and accessory uses;
(12)
The maximum development intensity of proposed uses compared to the density as allowed under current zoning;
(13)
The proposed amendment to the Zoning Chapter and Zoning Map including, at a minimum, a metes and bounds description of the property included in the PDD application and the standards for development;
(14)
Or tabular accounting of how the proposed PDD compares in terms of impacts to the proposed site and the adjoining neighborhoods. Impacts that may be compared include, but are not limited to:
(a)
Traffic;
(b)
Types of land use;
(c)
Density of building coverage;
(d)
Stormwater runoff - volume and rate - pre- and postdevelopment;
(e)
Vegetative cover - retained and planted;
(f)
Amount of pervious and impervious surface area - pre- and postdevelopment;
(g)
Building architecture, pre- and postdevelopment;
(h)
Preservation of natural features on the site pre- and postdevelopment;
(i)
Creation/enhancement of pedestrian and bicycle infrastructure;
(j)
Expansion of recreational opportunities; and
(k)
Protection of open space.
(15)
The proposed pedestrian, vehicular, rail (if any) circulation including:
(a)
Access, circulation, parking, and transportation management;
(b)
Proposed location, type and size of signs and driveways;
(c)
Traffic circulation features, including proposed highways, roadways, sidewalks, bike lanes, and pathways;
(d)
Accommodation of multi-modal transportation (bikes, pedestrians, trails) to, from, and through the district; and
(e)
The number, size and location of automobile parking areas, pedestrian shelters, bike racks, and loading areas and the proposed access to such areas.
(16)
The overall design theme (buildings, structures and landscape plan) for the PDD and how this theme relates to the context of the setting and the overall Village;
(17)
The proposed site buildings/structures:
(a)
The general location of principal and accessory buildings and to other buildings and structures in the vicinity;
(b)
The conceptual footprint, height and bulk of buildings and the intended use for such buildings;
(c)
Floor area ratio for nonresidential uses;
(d)
Lot coverage;
(e)
Build-to distances from public and private ways;
(f)
Setbacks for structures and parking areas;
(g)
Minimum lot size;
(h)
Minimum lot frontages and building massing;
(i)
Preservation of archeological areas and/or historic structure(s);
(j)
Proposed design standards and guidelines and the means for imposition of the guidelines; and
(k)
Other site plan improvements.
(18)
The proposed site landscaping plan for each area of the PDD including:
(a)
General landscaping concept and features; and
(b)
The level of preservation of open space and natural areas. Also, the amount and location of open space recreation area and pedestrian circulation areas and provisions for permanent protection.
(19)
The engineering and environmental aspects of the site plan including:
(a)
Infrastructure improvement preliminary plans including water supply source and delivery, drainage, and energy;
(b)
The general plan for the collection and disposal of sanitary wastes for the PDD;
(c)
The proposed safeguards to be provided to minimize possible detrimental effects of the proposed use on adjacent properties, the surrounding neighborhood, and the environment in general;
(d)
A stormwater pollution and prevention plan prepared in accordance with the standards of the New York State Department of Environmental Conservation (DEC); and
(e)
All material and data necessary to conduct review under SEQR.
§ 500-26.2 Standards.
A.
Mixed-use PDD standards.
(1)
Residences and retail uses, scaled to serve the needs of the community, may be of any building type consistent with the intent and objectives of this PDD regulation. Building height shall be restricted to 35 feet, and no more than eight townhouse units may be attached as a group.
(2)
Density. The density permitted within the mixed-use PDD shall be as determined by the approved PDD site plan.
(3)
Location: A mixed-use PDD must be wholly located within the VR-I, VR-II, SR, VB, GC, EP-NOD, or SGC Districts.
B.
Industrial PDD standards.
(1)
An industrial PDD consisting of industrial uses may be permitted if such uses are supportive of the community population in terms of work force, design and character, and if such uses are consistent with the Village's planning and development objectives. Consideration shall be given to the project as it exists in its community setting to determine the appropriateness of such uses. Building height shall be restricted to 35 feet as determined by the PDD.
(2)
Density. The density permitted within the PDD shall be as determined by the approved PDD site plan.
(3)
Location. An industrial PDD must be wholly located within the I District.
C.
Residential PDD standards.
(1)
An area of contiguous size, scaled to fit the needs of the community, may be of any residential building type consistent with the intent and objectives of this PDD regulation.
(2)
Density. The density permitted within the PDD shall be as determined by the approved PDD site plan.
(3)
Location. A residential PDD must be wholly located within the VR-I, VR-II, and SR Districts.
D.
Commercial PDD standards.
(1)
A commercial PDD consisting of commercial uses may be permitted if such uses are supportive of the community population in terms of work force, design and character, and if such uses are consistent with the Village's planning and development objectives. Consideration shall be given to the project as it exists in its community setting to determine the appropriateness of such uses.
(2)
Density. The density permitted within the PDD shall be as determined by the approved PDD site plan.
(3)
Location. A mixed-use PDD must be wholly located within the VB, GC, EP-NOD, or SGC Districts.
E.
Building design standards for all PDDs.
(1)
All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and blocks;
(2)
Individual buildings shall generally be related to each other in design, masses, elevations, materials, elevation, placement and connections, to provide a visually and physically integrated development;
(3)
The design of buildings and the parking facilities shall take advantage of the topography of the site where appropriate, to provide separate levels of access;
(4)
All building walls shall be so oriented as to ensure adequate light and air exposure to the rooms within and to adjacent properties;
(5)
All buildings shall be arranged as to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be so oriented as to preserve visual and audible privacy between adjacent buildings; and
(6)
All buildings shall be arranged so as to be accessible to emergency vehicles.
F.
Open space requirements.
(1)
Residential and mixed-use PDDs. Common open space totaling not less than 30% of the total PDD tract shall be provided in perpetuity. This land shall be exclusive of any land area used primarily for vehicular modes of transportation, including parking areas, garages, carports and other features. The ownership of such open space land may be either public or private.
(2)
Commercial and industrial PDDs. The amount of common open space will be determined by the Village Board of Trustees upon recommendation from the Planning Board. The amount of common open space as determined by the Board of Trustees shall be exclusive of any land area used primarily for vehicular modes of transportation, including parking areas, garages, carports and other features. The ownership of such open space land may be either public or private.
(3)
When in private ownership, a homeowners' association or similar mechanism, the long-term ownership and maintenance of such common open space shall be provided, subject to the approval of the Village Board and Planning Board. The grant of a conservation easement to further ensure the protection of this open space may be required.
(a)
The location, shape, size and character of the open space must be suitable for the PDD.
(b)
Open space must be used for amenity or recreational purposes. The uses authorized for the open space must be appropriate to the scale and character of the PDD, considering its size, density, expected population, topography, and the number and types of dwellings to be provided.
(c)
Open space must be suitable for its intended use. If intended for active use, said open space shall be suitably improved. The buildings, structures and improvements which are permitted in the open space must be appropriate to the uses which are authorized for the open space.
(d)
The development schedule, which shall be part of the review process required pursuant to § 500-25 herein, as part of the final site plan must coordinate the improvement of the open space and the construction of buildings, structures, and improvements.
(e)
All land shown on the final site plan as open space must be maintained and used for said purpose.
G.
Circulation system design standards.
(1)
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading spaces.
(2)
Roads, pedestrian walks and open spaces shall be designed as an integral part of an overall site design and shall be properly related to existing and proposed buildings and appropriately landscaped.
§ 500-26.3 Other requirements.
A.
Upon approval of the PDD by the Village Board, application shall be made within six months for approval of all or some portion of the intended PDD development in accordance with the site plan review procedures and requirements contained in § 500-21 Site plan review, of this chapter and Chapter 435, Subdivision of Land, if applicable. In addition, all other applicable regulations shall also apply.
B.
Additional performance requirements that may have been specified by the Village Board in its PDD approval action, such as a time limit for either initiation or completion of improvements and other construction work on the PDD development, shall also be strictly enforced. If these performance requirements are not met, the property shall revert to its prior land use classification, unless the Village Board, upon specific application and for good cause, authorizes an extension of such performance requirements.
C.
Continuation. The project and associated parcels comprising a PDD shall be reviewed on a periodic basis by the Village Board of Trustees and the Trustees shall decide the terms for continuation of a PDD on an individual project basis. The terms for continuation shall be approved by the Trustees and specified in the local law establishing the PDD.