Coxsackie Village City Zoning Code
ARTICLE III
Districts, Boundaries and Regulations
§ 155-5 Establishment of districts.
The Village of Coxsackie is hereby divided into the following types of districts:
WRC | Waterfront Recreation District |
RRA | Rural Residential Agriculture District |
WR | Waterfront Residential District |
MDR-1 | Medium Density Residential District |
MDR-2 | Medium Density Residential District |
MR | Mixed Residential District |
CSR | Community Services and Recreation District |
VC | Village Center District |
WD | Waterfront Development District |
NC | Neighborhood Commercial District |
CC | Community Commercial District |
I | Industrial District |
PO | Professional Office Overlay District |
PDD | Planned Development District |
§ 155-6 Zoning Map.
Said districts are bound and defined as shown on a map entitled "Zoning Map, Village of Coxsackie," appended hereto at the end of this Code, adopted by the Board of Trustees and certified by the Village Clerk, which accompanies and which, with all explanatory matter thereon and included herein, is hereby made a part of this chapter and is hereinafter referred to as the "Zoning Map."
§ 155-7 Interpretation of district boundaries.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be construed to be such boundaries. However, in some instances, in order not to completely obscure the streets as shown on the Zoning Map, where the district boundaries are overlaid on the street lines, these overlaid lines shall be considered as following the center lines of the streets.
Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
Where district boundaries are so indicated that they are approximately parallel to the center lines or right-of-way lines of streets or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at a distance of 500 feet therefrom, unless otherwise specified on the Zoning Map.
Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Village of Coxsackie, unless otherwise indicated.
Where district boundaries are so indicated that they approximately follow shorelines, such boundaries shall be construed as following shorelines; and, in the event of a change in the shoreline, such boundary shall be construed as being the municipal boundary at the center line of the Hudson River.
In unsubdivided land where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.
§ 155-8 WRC Waterfront Recreation District.
Purpose and intent.
Areas of the Village designated under this district are adjacent to the Hudson River. The purpose of this district is to protect the waterfront and allow for low-impact water-dependent and water-related recreational uses appropriate for the community and the Hudson Riverfront.
The specific purposes of this district include the following:
To preserve natural, scenic and historic values along the Hudson River.
To preserve woodlands, wetlands and other green space.
To regulate uses and structures along the Hudson River to avoid increased erosion and sedimentation.
To encourage compatible land uses along the Hudson River.
To recognize areas of significant environmental sensitivity that should not be intensely developed.
To allow reasonable uses of lands while directing more intense development to the most appropriate areas of the community.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts, of this chapter.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
Accessory uses and structures. Accessory uses and structures are permitted in the Waterfront Recreation District subject to the provisions of § 155-25 of this chapter. In addition, accessory uses and structures located in the WRC District shall comply with the following standards:
Private garages, storage and parking areas shall not be located on the side of the property that fronts the river.
Storage structures for nonresidential uses (i.e., rental boat storage), not to exceed a height of 16 feet, shall be screened from view by neighboring properties and water bodies with the use of vegetation, fencing or berming, or any combination thereof.
Development regulations. See Schedule C, Dimensional Standards, of this chapter[2] and the following additional provisions:
Setback requirements.
The minimum setback from the high water mark of the river shall be 50 feet horizontally away from and paralleling the river.
Structures for a retail or service business demonstrated to be water-dependent or water-related may be authorized within the required setback distance with an application for a special permit; however, the Planning Board shall have the authority to impose additional conditions as may be warranted.
Natural vegetation strip. A natural vegetation strip shall be maintained on each parcel or lot between the normal high water mark of the river and a point 25 feet from and perpendicular to the normal high water mark. Removal of vegetation in the natural vegetation strip shall require a special permit in accordance with the following requirements:
No clear-cutting shall be allowed.
Limbing of trees is allowed except that no more than 50% of total tree height may be removed.
One hundred percent of the vegetation strip may be selectively thinned as follows: No more than 35% of the number of trees six inches in diameter at 4.5 feet above the ground, or larger, shall be cut in any ten-year period. In second-growth woodlands where there are relatively few trees of this diameter, no more than 25% of trees four inches in diameter at 4.5 feet above the ground, or larger, shall be cut in any ten-year period. Additional trees may be removed if the applicant can demonstrate one or more of the following conditions:
It is clearly necessary for traffic safety.
It is clearly necessary for the development of an approved principal or accessory use or building, street, sidewalk, paved area, driveway, stormwater facility, utility or sewage system.
It is within 25 feet of the foundation of an approved structure.
It is diseased, dead or poses a clear danger to a structure, utility or public improvement.
It is related to agricultural activities, such as orchards or cultivation activities.
Existing soil and organic matter shall not be altered or disturbed within the vegetation strip.
No structures shall be permitted within the vegetation strip, with the exception of docks, benches, picnic tables, boat ramps, pump houses, pervious walkways and elevated walkways which provide the property owner with reasonable access to the water. Park-related furnishings (benches, picnic tables, pavilions, refuse containers, etc.) and vehicular parking areas shall be permitted, if associated with public recreation areas or public access to the river. Commercial uses with water-dependent or water-enhanced uses permitted in the district may be located in the vegetation strip with the approval of a special permit from the Planning Board.
No unsightly, offensive or potentially polluting material, including but not limited to lawn clippings, leaves, garbage, refuse containers, junk cars, junk appliances or toxic materials, may be dumped or stored within the natural vegetation strip, except for refuse containers and fuel storage and dispensing for permitted commercial uses that obtain a special permit for operating in the vegetation strip. The vegetation strip shall not contain commercial or industrial storage or display, manufacturing or processing activity, loading and unloading areas or vehicular parking areas.
Where there is no preexisting natural vegetation, developers shall provide vegetation which shall substantially screen the proposed development from the water. The width of this revegetated strip should be at least 75 feet from the high water mark of the river. The plant material should consist of indigenous trees and shrubs.
Reasonable efforts shall be taken during construction to ensure that trees protected by this section are not accidentally injured or removed, including root compaction by equipment or change in grade level. The developer shall provide the Village with a tree replacement plan for any protected trees which are destroyed or injured.
Protection of water quality.
Subsurface disposal systems for septic wastes shall be located no less than 100 feet from the normal high water mark.
There shall be no disturbance of existing wetlands located within the WRC District, unless appropriate mitigation measures are defined and approved.
Sedimentation basins should be located between new development and the river.
Agricultural activities. Soil shall not be tilled within 50 feet of the high water mark of the river.
Additional requirements and standards.
Any permits required by the Army Corp of Engineers and New York State must be received prior to final approval from the Planning Board.
When located adjacent to historic structures, new buildings shall reflect the architectural character of the existing historic structure.
[2]
Editor's Note: Schedule C is included at the end of this chapter.
Site plan. Any proposed principal building or any proposed or expanded paved area larger than 5,000 square feet that would be partially or entirely located within the WRC District shall be submitted for review by the Planning Board. Site plan review shall be conducted in accordance with the procedures established in Article X.
Modifications. The Planning Board may authorize modifications to the requirements of this section upon a finding that such action is necessary to eliminate practical difficulties associated with the strict interpretation of these requirements and that the result will further the purpose and intent of this district.
§ 155-9 RRA Rural Residential Agriculture District.
Purpose. Areas of the Village designated under this district are intended for lower density residential development that is reflective of the rural character of the area and adjacent lands in the Village. This district allows for agricultural uses, low-density residential development and limited rural commercial uses.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 155-10 WR Waterfront Residential District.
Purpose and intent.
Areas of the Village designated under this district are adjacent to the Hudson River. The purpose of this district is to protect the waterfront, maintain the existing residential character and allow for low-impact water-dependent and water-related recreational uses appropriate for the community and the Hudson Riverfront.
The specific purposes of this district include the following:
To preserve natural, scenic and historic values along the Hudson River.
To preserve woodlands, wetlands and other green space.
To regulate uses and structures along the Hudson River to avoid increased erosion and sedimentation.
To encourage compatible land uses along the Hudson River.
To recognize areas of significant environmental sensitivity that should not be intensely developed.
To allow reasonable uses of lands while directing more intense development to the most appropriate areas of the community.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts, of this chapter.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
Accessory uses and structures. Accessory uses and structures are permitted in the Waterfront Residential District subject to the provisions of § 155-25 of this chapter. In addition, accessory uses and structures located in the WR District shall comply with the following standards:
Private garages, storage and parking areas shall not be located on the side of the property that fronts the river.
Storage structures for nonresidential uses (i.e., rental boat storage), not to exceed a height of 16 feet, shall be screened from view by neighboring properties and water bodies with the use of vegetation, fencing or berming, or any combination thereof.
Development regulations. See Schedule C, Dimensional Standards, of this chapter[2] and the following additional provisions:
Setback requirements.
The minimum setback from the high water mark of the river shall be 50 feet horizontally away from and paralleling the river.
Structures demonstrated for a business that is water-dependent or water-related may be authorized within the required setback distance with an application for a special permit; however, the Planning Board shall have the authority to impose additional conditions as may be warranted.
Natural vegetation strip. A natural vegetation strip shall be maintained on each parcel or lot between the normal high water mark of the river and a point 25 feet from and perpendicular to the normal high water mark. Removal of vegetation in the natural vegetation strip shall require a special permit in accordance with the following requirements:
No clear-cutting shall be allowed.
Limbing of trees is allowed except that no more than 50% of total tree height may be removed.
One hundred percent of the vegetation strip may be selectively thinned as follows: No more than 35% of the number of trees six inches in diameter at 4.5 feet above the ground, or larger, shall be cut in any ten-year period. In second-growth woodlands where there are relatively few trees of this diameter, no more than 25% of trees four inches in diameter at 4.5 feet above the ground, or larger, shall be cut in any ten-year period. Additional trees may be removed if the applicant can demonstrate one or more of the following conditions:
It is clearly necessary for traffic safety.
It is clearly necessary for the development of an approved principal or accessory use or building, street, sidewalk, paved area, driveway, stormwater facility, utility or sewage system.
It is within 25 feet of the foundation of an approved structure.
It is diseased, dead or poses a clear danger to a structure, utility or public improvement.
It is related to agricultural activities, such as orchards or cultivation activities.
Existing soil and organic matter shall not be altered or disturbed within the vegetation strip.
No structures shall be permitted within the vegetation strip, with the exception of docks, boat ramps, pump houses, pervious walkways and elevated walkways which provide the property owner with reasonable access to the water. Park-related furnishings (benches, picnic tables, pavilions, refuse containers, etc.) and vehicular parking areas shall be permitted, if associated with public recreation areas or public access to the river. Commercial uses permitted in the district may be located in the vegetation strip with the approval of a special permit from the Planning Board.
No unsightly, offensive or potentially polluting material, including but not limited to lawn clippings, leaves, garbage, refuse containers, junk cars, junk appliances or toxic materials, may be dumped or stored within the natural vegetation strip, except for refuse containers and fuel storage and dispensing for permitted commercial uses that obtain a special permit for operating in the vegetation strip. The vegetation strip shall not contain commercial or industrial storage or display, manufacturing or processing activity, loading and unloading areas or vehicular parking areas.
Where there is no preexisting natural vegetation, developers shall provide vegetation which shall substantially screen the proposed development from the water. The width of this revegetated strip should be at least 75 feet from the high water mark of the river. The plant material should consist of indigenous trees and shrubs.
Reasonable efforts shall be taken during construction to ensure that trees protected by this section are not accidentally injured or removed, including root compaction by equipment or change in grade level. The developer shall provide the Village with a tree replacement plan for any protected trees which are destroyed or injured.
Protection of water quality.
Subsurface disposal systems for septic wastes shall be located no less than 100 feet from the normal high water mark.
There shall be no disturbance of existing wetlands located within the WR District, unless appropriate mitigation measures are defined and approved.
Sedimentation basins should be located between new development and the river.
Agricultural activities. Soil shall not be tilled within 50 feet of the high water mark of the river.
Additional requirements and standards.
Any permits required by the Army Corps of Engineers and New York State must be received prior to final approval from the Planning Board.
New development shall not interfere with or in any way prohibit, hinder or discourage the development of waterfront trails. New developments shall provide opportunities for trail development.
When located adjacent to historic structures, new buildings shall reflect the architectural character of the existing historic structure.
[2]
Editor's Note: Schedule C is included at the end of this chapter.
Site plan. Any proposed principal building or any proposed or expanded paved area larger than 5,000 square feet that would be partially or entirely located within the WR District shall be submitted for review by the Planning Board. Site plan review shall be conducted in accordance with the procedures established in Article X.
Modifications. The Planning Board may authorize modifications to the requirements of this section upon a finding that such action is necessary to eliminate practical difficulties associated with the strict interpretation of these requirements and that the result will further the purpose and intent of this district.
§ 155-11 MDR-1 Medium Density Residential-1 District.
Purpose. Areas of the Village designated under this district are located in areas with adequate infrastructure for moderately dense residential development, including single-family detached, attached and two-family dwellings, as well as limited commercial and institutional uses.
Permitted and special Permit uses. See Schedule A, Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 155-12 MDR-2 Medium Density Residential-2 District.
Purpose. Areas of the Village designated under this district are located in areas with adequate infrastructure for moderately dense residential development, including single-family detached, attached and two-family dwellings, as well as limited commercial and institutional uses.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 155-13 MDR-3 Medium Density Residential-3 District.
Purpose. Areas of the Village designated under this district are located in areas with adequate infrastructure for moderately dense residential development, including single-family detached, attached and two-family dwellings, manufactured home parks, as well as limited commercial and institutional uses.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 155-14 MR Mixed Residential District.
Purpose. Areas of the Village designated under this district allow for a variety of higher density residential uses adjacent to the Village Center. Uses include attached or detached single-family, two-family and multifamily dwelling and limited commercial and institutional uses. The district intends to promote pedestrian-oriented neighborhoods within easy walking distance of amenities in the Village.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 155-15 CSR Community Services and Recreation District.
Purpose. Areas of the Village designated under this district encourage central locations for the Village's institutional, civic, recreation and open space uses.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential/Mixed-Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 155-16 VC Village Center District.
Purpose. The area of the Village designated under this district is the historic Village center. The district is intended to allow for commercial uses and community services in a high-density setting while promoting architectural design that is compatible with the overall historic character of the Village of Coxsackie. The district allows a variety of uses, including retail sales and services, restaurants and offices, among others, in a compact, pedestrian-oriented environment.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential/Mixed-Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 155-17 WD Waterfront Development District.
Purpose.
Areas of the Village designated under this district provide unique opportunities for the development and maintenance of water-oriented uses adjacent to the Hudson River and the Village's central business district. The WD District permits certain business, residential and recreational uses which will generally benefit from and enhance the unique aesthetic, recreational and environmental qualities of the waterfront areas.
The specific purposes of this district include the following:
To provide for a desirable mix of water-dependent and water-enhanced recreational opportunities, business uses and residential uses which complement each other and take advantage of the unique locational characteristics of the Hudson River.
To promote the most desirable and appropriate use of land and building development based upon consideration of land and soil characteristics and other natural features, environmental constraints, neighborhood characteristics and overall community needs, while also protecting the character of the district, conserving the value of land and buildings, and protecting the tax revenue base.
To ensure that development and land or water use activities occur in harmony with the environmental and ecological systems that exist along the Hudson River.
To encourage design of land development that preserves unique historic and environmental features and maintains the aesthetic quality of waterfront areas by establishing appropriate design that promotes creative and imaginative design for development of waterfront areas while being compatible with the adjacent historic district.
To promote the maintenance and/or extension of public access to the river in a manner that is compatible with the primary purpose of the proposed development or activity.
To promote opportunities for increased tourism.
To encourage appropriate and safe water surface use on the river.
To preserve, to the maximum extent practicable, the existing vegetation and natural features along the Hudson River and to prevent, as much as possible, erosion, sedimentation and problems with drainage both during and after construction.
Permitted uses and special permit uses. See Schedule B, Use Regulations for Nonresidential/Mixed-Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
Accessory uses and structures. Accessory uses and structures are permitted in the Waterfront Development District subject to the provisions of § 155-25 of this chapter. In addition, accessory uses and structures located in the WD District shall comply with the following standards:
Private garages, storage and parking areas shall not be located on the side of the property that fronts the river.
Storage structures for nonresidential uses (i.e., rental boat storage), not to exceed a height of 16 feet, shall be screened from view by neighboring properties and water bodies with the use of vegetation, fencing or berming, or any combination thereof.
Development regulations. See Schedule C, Dimensional Standards,[2] of this chapter and the following additional provisions:
Setback requirements.
The minimum setback from the high water mark of the river shall be 50 feet horizontally away from and paralleling the river.
Structures of a retail or service business demonstrated to be water-dependent or water-related may be authorized within the required setback distance with an application for a special permit; however, the Planning Board shall have the authority to impose additional conditions as may be warranted.
Protection of water quality.
Subsurface disposal systems for septic wastes shall be located no less than 100 feet from the normal high water mark.
There shall be no disturbance of existing wetlands located within the WD District, unless appropriate mitigation measures are defined and approved.
Sedimentation basins should be located between new development and the river.
[2]
Editor's Note: Schedule C is included at the end of this chapter.
Parking and loading requirements. Off-street parking requirements applicable in the WD District are set forth in Article V, Off-Street Parking and Loading, of this chapter.
Docking requirements.
Not more than one boat slip shall be permitted per residence.
Multiple boat slips may be clustered.
Bulkhead docks or off-channel basins are preferred for permanent docking.
Commercial docking requirements are flexible based upon the following considerations: parking adequacy, river width, navigation channel width and water surface use.
Site plan. Any proposed principal building or any proposed or expanded paved area larger than 3,000 square feet that would be partially or entirely located within the WD District shall be submitted for review by the Planning Board. Site plan review shall be conducted in accordance with the procedures established in Article X.
Modifications. The Planning Board may authorize modifications to the requirements of this section upon a finding that such action is necessary to eliminate practical difficulties associated with the strict interpretation of these requirements and that the result will further the purpose and intent of this district.
§ 155-18 NC Neighborhood Commercial District.
Purpose. Areas of the Village designated under this district are intended to allow for a variety of neighborhood-scale commercial uses and community services, including retail sales and services, restaurants and offices to meet the Village's needs. The district is of a pedestrian scale intended to allow for both pedestrian and automobile access via limited off-street parking.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential/Mixed-Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 155-19 CC Community Commercial District.
Purpose. Areas of the Village designated under this district are intended to allow for a variety of commercial uses in a more automobile-oriented setting. This district allows for retail sales and services, restaurants and offices for the larger community.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential/Mixed-Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 155-20 I Industrial District.
Purpose. Areas of the Village designated under this district are intended to encourage industrial development in appropriate areas, to concentrate industries to minimize the environmental impacts and conflicts with other types of development in the Village, and to locate industry close to labor supplies and commercial services.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential/Mixed-Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 155-21 PDD Planned Development District.
Legislative intent.
It is the intent of this section to provide performance criteria in the context of flexible use and design regulations so areas may be developed, incorporating a variety of uses, containing both individual building sites and common property, which are planned and developed as a unit. In adopting this section, the Village Board declares that it is its intent to:
The Village Board further declares that while the standard zoning functions (use and bulk) and the subdivision functions (platting and design) are appropriate for the regulation of land use, these controls represent a type of regulatory rigidity and uniformity which may not be best suited to the development of land contained in the planned development concept. Further, this section recognizes that a rigid set of space requirements, along with bulk and use specifications, would frustrate the application of this concept. Thus, where planned development techniques are deemed appropriate through the rezoning of land to a Planned Development District by the Village Board, the set of use and dimensional specifications located elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.
In order to carry out the intention of this section, a planned development shall achieve the following objectives:
A choice in the types of environment, tenure type and community facilities available to existing and potential Village residents at all economic levels.
More useable open space and recreation areas.
Preservation of trees and outstanding natural topographic and ecological features.
A creative use of land and related physical development, which allows an orderly transition of land from a vacant state to a developed state.
An efficient use of land, resulting in economical networks of utilities and streets.
A development pattern in harmony with the planning objectives of the Village.
General requirements.
Permitted uses.
Uses within an area designated as a Planned Development District are to be determined by the provisions of this section as well as the conditions of the approval of each planned development project.
Permitted accessory uses as permitted by the Village Board which shall be in harmony with and customarily incident to the principal use or building and located on the same lot or parcel of land.
Minimum area. The minimum development area required to qualify for a Planned Development Zone designation shall be five acres in the case of a commercial PDD, 10 acres in the case of a mixed-use PDD, and 10 acres in the case of a senior citizen PDD.
Ownership. The ownership tract of land under application for consideration for a Planned Development Zone 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, or their agent(s), of all property included in the project. The approved plan shall be binding upon all the property owners, and such owners shall provide written certification of such binding agreements.
Location of Planned Development District. The Planned Development District may be applicable to any area of the Village where the applicant can demonstrate that the characteristics of the area will meet the objectives of Subsection A.
Density. To more effectively utilize land in a planned development, improved environmental quality can usually be produced with greater density than is usually permitted in traditional zoning districts. The Village Board shall determine in each case the appropriate land use intensity and/or dwelling unit density for individual projects. The determination of land use intensity ratings or dwelling unit density shall be thoroughly documented, including all facts, opinions and judgments justifying the selection of the densities.
Commercial planned development uses. Permitted principal uses: commercial and business uses of a variety of types, such as research and development facilities, high technology assembly, professional offices, commercial recreation facilities, retail and service establishments that would compliment other commercial uses and such other uses as may be deemed appropriate for the area under consideration by the Village Board and in keeping with this section and the objectives found in Subsection A.
Mixed-use planned development uses. A mixed-use planned development shall reflect the elements expressed in previous sections of these planned development requirements, including the objectives found in Subsection A. The mixed-use planned development may incorporate a variety of housing types such as detached, semidetached, attached, apartments, or any combination thereof, and commercial and business uses, as outlined in Subsection A, to achieve its objectives. Commercial uses shall include retail and service establishments that complement the other PDD uses, high technology, assembly, professional offices and commercial recreation, as outlined in Subsection A, to achieve its objectives.
Senior citizen planned development. A senior citizen planned development may incorporate a variety of housing types as set forth heretofore. Occupancy shall be limited to senior citizens, handicapped persons, or senior citizen or handicapped families. Housing types may include apartments, accessory apartments, senior cottages, townhouses, or continuing care communities that include townhouses, apartments, nursing care in a campus setting or assisted living care.
Open space requirements.
Common open space totaling not less than 30% of the total Planned Development District shall be provided in perpetuity.
Parking areas, roads, house sites, other impervious surfaces, and their improvements shall not be included in the calculation to determine the amount of available open space. However, the entire tract, apart from theses exceptions, shall be considered in determining the required amount of open space. The following facilities or improvements may be located on open space land; common septic systems, water systems, stormwater systems, bike paths, walking trails and other common community facilities that do not involve buildings, such as tennis courts, swimming pools and playgrounds.
The location, size and character of the open space must be suitable for the PDD and must be used for amenity or recreational purposes.
The proposed development design shall strictly minimize disturbance of environmentally sensitive areas. The Planning Board shall encourage areas of open space to be connected, where appropriate. Where important open space areas exist contiguous to the subject parcel, every effort shall be made to locate the on-site protected open space adjacent to these open space areas.
A recreational fee in lieu of land, as set forth in the Village's Fee Schedule, may be imposed to accommodate the foreseeable recreational needs of the residents of the proposed development, should the Planning Board determine that the open space lands set aside will not provide adequately for these recreational needs.
The preferred way of protecting open space is for the applicant to provide deed covenants and restrictions acceptable to the Village Attorney. Conservation easements will also be considered in a case where they are transferred to a conservation organization or to a homeowners' association acceptable to the Village. However, regardless of how open space is permanently preserved, it is required that the Village be granted third-party enforcement rights to enforce the terms of all restrictions, easements or other legally binding instruments providing for open space. Such provisions shall include that the Village shall be entitled to reimbursement for all costs, expenses and attorneys' fees incurred in connection with such enforcement, to be collected from the party against whom enforcement is sought.
Unless otherwise agreed to by the Planning Board, the cost and responsibility of maintaining common open space and facilities shall be borne by the homeowners' association, conservation organization or private owner(s). The Planning Board shall have the authority to require a bond or other security measure to ensure proper maintenance of open space and the facilities located on the subject parcel.
Building design standards. All buildings shall be an integral part of the layout and design of the entire development. Individual buildings shall generally be related to each other in design, massing, materials, placement and connections so as to create a visually and physically integrated development.
Landscaping design standards. The development shall have a coordinated landscape design for the entire site. Wherever possible, existing trees shall be conserved and integrated into the overall landscape design. Landscaping shall include shrubs, ground cover and street trees. Street trees shall be provided along all streets and pedestrian walkways. Parking lots shall be landscaped and screened.
Circulation design standards. Roads, pedestrian walkways and/or sidewalks shall be designed as an integral part of the overall site design and shall be connected to the existing sidewalk network.
Procedure. Whenever any planned development is proposed, before any building permit is issued in such Planned Development District and before any subdivision plat, or any part thereof, may be filed in the office of the venued County Clerk, the developer, or his authorized agent, shall apply for and secure approval of such planned development in accordance with the following procedures:
Application for a planned development shall be made to the Village Board of the Village of Coxsackie on such forms as may be provided by the Board or its agent. The application shall be accompanied by a sketch plan submission as described in Article X of this Code.
Referral of the application to the Village of Coxsackie Planning Board. The Village Board shall refer the application and accompanying documents to the Planning Board for its review and recommendation. In reviewing the application, the Planning Board shall follow the process for review of sketch plans as set forth in Article X of this Code. Upon completion of its review, the Planning Board shall prepare and submit a report to the Village Board regarding this application, recommending either adoption, adoption with modification or rejection of the requested rezoning and stating the reasons for such recommendation. If the recommendation is favorable, the report shall include the following findings and basis therefor:
That the proposal conforms to the Village's comprehensive zoning objectives.
That the proposal meets the intent and objectives of planned development as expressed in Subsection A.
That the proposal meets the requirement of §§ 7-703 and 7-738 of the Village Law of the State of New York, as presently existing and as hereafter amended.
That the proposal is conceptually sound in that it meets local and area-wide needs and it conforms to accepted design principles in the proposed functional roadway and pedestrian system, land use configuration, open space system, drainage system and scale of elements, both absolutely and to one another.
That there are adequate services and utilities available or proposed to be made available in the construction of the development.
A determination of the applicability of the State Environmental Quality Review Act.[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
That traffic will not have an adverse impact on the adjoining transportation system.
Referral of application to the County Planning Board. Where required by law, the Village Planning Board shall refer the application for zoning to a Planned Development District to the County Planning Board. The County Planning Board shall make a report within 31 days of the referral. Failure to make a report within 31 days shall be deemed to mean such Board has no objection to the proposal.
Village Board action.
Upon receipt of the report from the Village Planning Board, the Village Board shall review the application and the Village Planning Board's recommendation. The Village Board may then set a date for and conduct a public hearing to consider the application. Upon completion of the public hearing and due consideration of the application, the Village Board shall act to adopt, adopt with modifications or reject the requested rezoning.
If the Village Board grants the Planned Development District, the Zoning Map shall be so notated.
The Village Board may, if it believes it necessary in order to fully protect the health, safety, and general welfare of the community, attach to its zoning resolution additional conditions or requirements the applicant must meet.
Such requirements may include but are not limited to:
Screening and buffering.
Land use mix.
Schedule of construction and occupancy.
Pedestrian and vehicular circulation system.
Parking and snow removal.
Sites for public service.
Protection of natural and/or historical features.
Planning Board site approval.
Upon approval of the zoning request by the Village Board, the applicant shall submit final plans to the Planning Board, consistent with the concept plans submitted with the application to rezone, with such modifications as may have been required by the Village Board. Final site development plan submittal requirements shall be as set forth in Article X of this Code, and the following additional information shall be required:
A street and traffic plan, showing traffic flow patterns, proposed streets within the project and proposed ingress and egress from the adjoining highway network. All streets shall be constructed in conformity with the Village's requirements and shall be offered for dedication to the Village. Any and all proposed walkways within the project site shall be hard surfaced and have a minimum width of five feet.
Residential parking. Parking shall be shown on the final plan in sufficient quantities so that on the property for each dwelling unit no less than two off-street parking spaces, each space to be a minimum of nine feet wide and 18 feet long, are provided. Further, common parking areas shall be provided, containing no fewer than 0.5 additional parking spaces for each dwelling unit. These common parking areas shall be no further than 250 feet from the building or buildings they are intended to serve. Also, where the project shall have regular employees, one parking space shall be provided for each employee known to be working on each shift. The Village Board may increase or decrease said parking requirements herein at the time each district is established to reflect parking demand reasonably anticipated by the type of project being proposed to be developed.
Provisions for winter snow storage for parking areas shall be included as an integral part of the project plan, and such snow storage provisions shall not reduce the number of parking spaces beyond the minimum number established by these rules. A plan for snow removal rather than storage shall not be an acceptable alternative.
Any proposed parking other than for residential purposes shall meet the parking standards for the proposed use or uses as set forth in Article V, Off-Street Parking and Loading, of this Code.
The proposed location and approximate size and design for all playgrounds, recreation areas and land reserved for open space.
Proposed safeguards to be provided to minimize possible detrimental effects of the project on adjacent properties and the neighborhood in general.
Prior to final site approval, the Village Planning Board shall present plans to the Village Board for its review for the purpose of ascertaining that the finalized plans are consistent with the original concept plans used for the rezoning of the parcel to the Planned Development District.
Requirements and procedures for review, approval and implementation of the final planned development plans, including but not limited to review of final site development plans, issuance of approval, compliance with the approval, decision making time frames, filing, performance guaranties, escrow provisions, administration, enforcement and penalties shall be as set forth in the Village Board approval.
Prior to the commencement of any site work, the developer shall comply with the Village's requirements for grading, including the posting of cash escrow, or other security as required, and any other local, state and federal laws and regulations as may apply.
Required timely commencement of project. Any project within an area zoned or rezoned as a Planned Development District shall commence building and construction within two years following the time when the project could, upon proper application, secure a building or grading permit. In the event such action shall not be timely undertaken, by securing required permits and commencing construction or grading, the planned development approval shall terminate and the project area classification shall revert to the district classification existing prior to the approval of the Planned Development District.