Glens Falls City Zoning Code
ARTICLE VI
Special Districts
§ 220-22 Planned Unit Development District.
A.
Purpose and intent.
(1)
The planned unit development (PUD) procedure provides a flexible land use and design regulation through the use of performance criteria and other standards so that development may be matched with sensitivity to the unique characteristics of the site and innovative development techniques accommodated that might not otherwise be possible through strict application of standard land use regulations and requirements. The conventional use, area, bulk and density specifications set forth by other sections of this chapter are intended to be replaced by the approved PUD District plan, which then becomes the basis legislatively established by the Common Council for detailed design, review and control of subsequent development.
(2)
While flexibility in substantive regulations is thus encouraged, it is intended that this uniform procedure and the required conformance with the City Master Plan, municipal service capability and the purposes of this chapter, as specified in Article I, shall ensure the general welfare through equal treatment under the law, as well as precise control of aspects of the development as approved.
(3)
The City of Glens Falls permits commercial/residential/office PUD's. This type of PUD is intended to provide a variety of housing types and commercial/office uses while making effective use of the existing natural and man-made resources.
(4)
In order to carry but the intent of this article, PUD's shall achieve the following objectives:
(a)
The preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion.
(b)
A creative use of land and related physical development which allows an orderly transition of land from one use to another.
(c)
A development pattern in harmony with the objectives of the City of Glens Falls Master Plan.
(d)
A more desirable environment than would be possible through the strict application of other articles of this chapter.
(e)
A maximum choice in the types of environment, occupancy tenure (e.g., cooperatives, individual ownership, condominium, leasing), together with certain specifically permitted residential, commercial and office uses, lot sizes and community facilities available to existing and potential City residents at all economic levels.
B.
General information.
(1)
Location. A PUD District may only be created through the rezoning of lands and may be established at any location in the City with the exception of the R-1A, R-1B and R-1C districts.
(2)
Development area. The minimum development area required to qualify for a Planned Unit Development District shall be one acre of land. 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.
(3)
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 and interest.
(4)
Permitted uses in PUD District. All uses within an area designated as a PUD District are determined by the provisions of this article and the approved plan of the project concerned.
C.
Procedure.
(1)
Application for approval. Application for establishment of a Planned Unit Development (PUD) District shall be made in writing to the Common Council. Five copies of said application and five copies of a completed environmental assessment form (EAF), Part I, in accordance with Article 8 of the Environmental Conservation Law and Title 6, Part 617 NYCRR, shall be submitted along with the appropriate application fee as established by the Common Council. Within three days of receipt of the application, the City Clerk shall forward two copies of same, along with one copy of the EAF, to the Planning Board. If applicable, the Clerk shell forward a copy of all relevant materials to the County Planning Board in accordance with General Municipal Law §§ 239-1 and 239-m.
(2)
Compliance with State Environmental Quality Review Act (SEQR). Proposed projects are actions subject to the provisions of SEQR. Prior to rendering its decision, the Common Council shall make a determination is to the type of the proposal in accordance with Article 8 of the Environmental Conservation Law and Part 617 NYCRR, and follow all applicable procedures.
(3)
Planning Board review. The Planning Board shall review the application with the applicant. The Planning Board may require additional changes deemed reasonably necessary to protect the established or permitted uses in the vicinity and to promote the orderly growth and sound development of the City. In teaching its decision on the proposed development and changes, if any, the Planning Board shall consider the following:
(a)
The existing character of the area in which the use or uses would be located;
(b)
The location of the principal and accessory buildings on the site in relation to one another and neighboring development;
(c)
The height and bulk of buildings and their relation to one another and neighboring development.
(d)
The pedestrian circulation and open space distribution in relation to the structures and to prospective user needs;
(e)
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 overall provision of vehicular parking areas;
(f)
The adequacy of proposed utilities, including, but not limited to, water supply, sewage treatment and stormwater drainage facilities;
(g)
The protection of existing natural features, landscaping plans to be implemented subsequent to development and a long-term maintenance plan for such landscaping;
(h)
The efforts provided to mitigate, if not eliminate, possible detrimental effects of the proposed use or uses on adjacent properties and the area in general; and
(i)
Such other matters as the Planning Board may consider pertinent.
(4)
Planning Board recommendations. Within 60 days of the date of referral from the Common Council, 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 modifications or disapproval to the Common Council of such PUD District application.
(5)
Common Council hearing and decision. Upon receipt of the Planning Board's report, or upon the failure of the Planning Board to act within the prescribed time period, the Common Council shall hold a public hearing on the proposal, with public notice of such hearing published in a newspaper of general circulation in the City at least 10 days prior to the date of the hearing. The Common Council, in reaching its decision on the proposal, shall consider the standards of Article VII, § 220-24, supra. The Common Council may then act upon the legal establishment of a Planned Unit Development District through amendment of the City's Zoning Map.
(6)
Amendment to Zoning Map. If approved, or approved with conditions, the Zoning Map shall be amended with the boundaries of the PUD District defined, subject to the submission of a survey of the property by a licensed engineer or architect.
D.
Submission requirements. Said application shall include the following:
(1)
Site development plans drawn at a scale of not less than one inch equals 100 feet containing the following information:
(a)
Property lines, existing and proposed, together with the acreage of all lots, including any easements and dedications.
(b)
The uses of land in and adjacent to the development site.
(c)
Topographic and drainage information, including contour intervals of not more than two feet of elevation, both existing and proposed.
(d)
Existing natural and man-made features, including streams, drainage improvements, wetlands, floodplains, slopes over 15% grade and existing buildings and structures.
(e)
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.
(f)
Delineation of the location and nature of the various proposed buildings and uses, including the number, type and size of all structures proposed, plus a calculation of density.
(g)
The nature and location of all utilities, existing and proposed, including water, sewer, storm drainage, refuse collection and other applicable public utilities.
(h)
A landscaping plan showing the nature and location of all landscaping, planting, fencing, screening and buffers.
(i)
The nature and location of all common property, including any structures, buildings, facilities or other improvements proposed to be located on such property.
(2)
The name and address of the applicant, the property owner and, if the applicant is other than the property owner, evidence of his or her authority to make such application.
(3)
A written statement describing how the proposed PUD will meet the purposes set forth in this article.
(4)
A statement detailing the type and number of commercial and office buildings, if applicable, and residential dwelling units, the number of off-street parking spaces and the proposals for the construction, operation and maintenance of all utility systems and road improvements.
(5)
A written statement describing erosion and sediment control measures to be taken during and after construction.
(6)
A written statement describing a stormwater management plan.
(7)
A written statement detailing the methods of ownership, control and planning by which the proper continued operation and maintenance of all common lands and facilities, structures or buildings thereon, parking areas, walkways and utilities will be assured.
(8)
Where the applicant proposes staging construction over a period of two or more years, a proposed plan indicating the staging of building construction and related improvements within the PUD, including estimated timing of each stage, shall be prepared.
(9)
An application for a PUD shall be accompanied by a fee in an amount which shall be established from time to time by the Common Council and posted in the City Hall.
E.
Review standards.
(1)
Permitted uses.
(a)
Residential uses. Residences may be of any variety or type. In developing a balanced community, the provision of a variety of housing types and densities shall be deemed most in keeping with this article.
(b)
Commercial and office uses. These uses are permitted in PUD's.
(c)
Accessory or associated uses. Uses such as private garages, storage spaces, recreational and community activities, churches and schools shall also be permitted as appropriate to the PUD.
(2)
Permitted density. Because land is used more efficiently in a PUD, improved environmental quality can often be produced with a greater number of dwelling units per gross building area than usually permitted in traditionally zoned districts. The Planning Board, with approval of the Common Council, shall determine in each case the appropriate density for individual projects. The determination of density shall be completely documented, including all facts, opinions and judgments justifying the selection of the density.
(3)
Building design standards.
(a)
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.
(b)
Individual buildings shall generally be related to each other in design, masses, materials, placement and connections, to provide a visually and physically integrated development.
(c)
Treatment of the sides and rears of all buildings within the PUD will be comparable in amenity and compliance to the treatment given to street frontages of these same buildings.
(d)
The design of buildings and the parking facilities shall take advantage of the topography of the site and, where appropriate, provide separate levels of access.
(e)
All building walls shall be so oriented as to ensure adequate light and air exposures to the rooms within.
(f)
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.
(g)
All buildings shall be arranged so as to be accessible to emergency vehicles.
(4)
Water supply and sewage disposal. All planned unit developments shall be served by water and sewage facilities which are in accordance with the requirements of the City of Glens Falls and the New York State Health Department.
(5)
Landscape design standards.
(a)
Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire site.
(b)
Primary landscape treatment shall consist of shrubs, ground cover and street trees, and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to local growing conditions.
(c)
Whenever possible, existing trees shall be conserved and integrated into the landscape design plan.
(d)
All streets bordering or within the project area shall be planted at appropriate intervals with street trees.
(6)
Circulation system design standards.
(a)
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading spaces.
(b)
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.
(c)
There shall be an adequate amount, in a suitable location, of pedestrian walks and landscaped spaces to limit pedestrian use of vehicular ways and parking spaces, and to separate pedestrian walks and public transportation loading places from general vehicular circulation.
(d)
Buildings and vehicular circulation shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
(e)
Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.
(f)
The location and design of pedestrian walks should emphasize desirable views of new and existing development.
(g)
The maximum separation of private automobiles and service vehicles may be required through the use of separate service lanes.
(h)
Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance and easily maintained and indicative of their function, and shall comply with other laws, ordinances, rules and regulations wherever applicable thereto.
F.
Off-street parking and loading requirements. The parking criteria, standards and requirements of this Zoning Law shall apply to all PUD's.
(1)
The Common Council may require that parking facilities be landscaped and screened to the extent necessary to eliminate unsightliness and monotony of parked cars.
(2)
Pedestrian connections between parking areas and buildings shall be via pedestrian walkways.
(3)
Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access, and shall be developed as an integral part of an overall site design.
(4)
Above-grade loading facilities shall be screened from public view to the extent necessary to eliminate unsightliness.
G.
Signs. It is this section's intent that signs shall consist of design, material, size, height, placement and coloration appropriate to the aesthetic character of the PUD and surrounding area, and which will not unduly adversely affect the qualities of scenic views. The following sign regulations are in addition to the regulations of a separate independent sign ordinance for the City of Glens Falls,[1] and the most restrictive requirements shall apply.
(1)
The following signs shall, with the exception of Subsection (f) below, have an area of less than six square feet. They may be erected and maintained without a development plan review and approval.
(a)
Signs advertising the sale or rental of the premises upon which the sign is located. These shall be limited to one per realtor.
(b)
Signs denoting the architect, engineer or contractor where construction, repair or renovation is in progress, limited to one per property.
(c)
Professional and trade name plates and home business signs. Such signs may be illuminated by external incandescent light only and shall be limited to one per person per business.
(d)
Signs which mark property boundaries, give directions for roads or trails, prohibit trespassing, hunting, fishing or off-road vehicles or warn of hazards.
(e)
(Reserved).
(f)
Temporary signs, including banners, or pennants, relating to garage, lawn or other individual, nonrecurring sales, or for a church bazaar, political campaign, fund drive, parade, fair, firemen's field day or other event or undertaking conducted by a political, civic, religious, charitable or educational organization. Such temporary signs are not limited in size and shall be removed within 24 hours after the termination of the activity being advertised.
(2)
The following minimum standards shall be applied by the Planning Board in its review:
(a)
Signs shall be constructed of wood, metal, stone or plastic.
(b)
Lighting, if necessary, shall be limited to external, noncolored light, directed to minimize glare upon nearby properties and roads. Strings of lights are prohibited, except from November 1 to January 30, whether or not they are part of any sign. No sign shall contain flashing, intermittent, rotating or moving lights, nor consist of other moving, fluttering or revolving devices such as pennants, banners, ribbons or streamers; however, pennants, banners, ribbons or streamers may be employed on an occasional, temporary basis, not more than three times per year, for periods of one week, to call attention to special business or related events such as "grand openings," "special sales," etc.
(c)
No sign shall contain or employ, day-glowing or other fluorescent paint or pigments.
(d)
No sign attached to the building shall be erected or maintained which extends above the highest roof ridge or any building or structure.
(e)
Freestanding signs shall not exceed 10 feet in height, measured from the highest level of ground immediately beneath the sign to the highest point of the sign or the supporting structure thereof.
(f)
No sign shall be erected having a sign area greater than 40 square feet.
(g)
Not more than two signs, including off-premise locations, shall be erected or maintained relating to a single business or activity, except for directional signs that do not exceed four square feet in sign area and which are limited to such texts as "Entrance," "Exit," "No Parking," etc. The total sign area of the two permitted signs shall not exceed 30 square feet. For the purposes of this provision, a single business or activity shall include all businesses or activities subordinate to or integrated with that business or activity, located on the same premises as that business or activity. Where more than one business or activity is maintained upon the same premises, each business or activity shall be limited to one sign.
(h)
If freestanding signs are used to identify two or more uses in a single, structure, one freestanding sign shall be required rather than individual freestanding signs for each use. The total square footage of this single sign shall not exceed the allowable sign area per use or 100 square feet, whichever is less. This total shall include the name of the structure in which the uses are located.
(i)
Freestanding signs shall be placed so as not to obstruct the vision of motorists entering and leaving the premises, and shall otherwise not interfere with pedestrian traffic nor interfere with the use and enjoyment of the adjoining property(s).
§ 220-23 FHD Flood Hazard District.
A.
Purpose and intent. It is the purpose of this district to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1)
Regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2)
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3)
Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters;
(4)
Control filling, grading, dredging and other development which may increase erosion or flood damages;
(5)
Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and
(6)
Qualify and maintain eligibility for participation in the National Flood Insurance Program.
B.
Delineation of the FHD Flood Hazard District.
(1)
There is hereby established a FHD Flood Hazard District to accomplish the purposes of other sections of this chapter.
(2)
The boundaries of the FHD are determined by the Federal Emergency Management Agency (FEMA) by the engineering report entitled "Flood Insurance Study, City of Glens Falls, New York, Warren County," dated December 5, 1984, and delineated by the Flood Insurance Rate Map dated June 5, 1985, and the Flood Boundary and Floodway Maps dated June 5, 1985, as amended.
(3)
The FHD boundary, as determined above, is further delineated on the Zoning Map.
C.
Flood Hazard District regulations.
(1)
Site plan review and approval. No use which is permitted within the City of Glens Falls by any provision of this chapter shall be permitted within a FHD Flood Hazard District without site plan review and approval.
(2)
Regulations, requirements and definitions.
(a)
The regulations applicable to the FHD are in addition to the regulations of the underlying zoning districts.
§ 220-24 PRD Park and Recreational District.
A.
Purpose and intent. It is the general purpose and intent of this section to provide a separate zoning district classification for those tracts of land within the City that are under City ownership and used for public open space or recreational purposes. Further, the Park and Recreation District is intended to preserve and enhance those city-owned lands with significant recreational facilities or amenities that are part of the urban setting and neighborhood environment.
B.
Permitted principal uses.
(1)
City-owned parks, playgrounds, squares, recreational areas, nature areas and preserves.
(2)
City-owned athletic courts and facilities (tennis, basketball, etc.), swimming pools and similar public recreational facilities.
(3)
Outdoor recreational facilities, including skiing and hiking trails, bicycle paths, athletic fields and similar uses.
(4)
Public and community recreational buildings, semi-enclosed shelters and pavilions and public utility easements.
(5)
Commercial facilities incidental to the operation of public recreational uses, including refreshment stands, concessionaire shops and similar incidental uses.
(6)
Buildings and structures necessary for the administration, maintenance and operation of established permitted uses.