Greene City Zoning Code
ARTICLE V
Planned Development Districts
§ 125-19 Purpose; objectives.
A.
The purpose of the Planned Development District classification is to provide for the rezoning of land to residential, commercial and industrial development zones in conformance with provisions and standards which ensure compatibility among all the land uses, foster innovation in site planning and development and encourage sound design practices.
B.
Provision is included for Planned Development Districts to permit the establishment of areas in which diverse uses may be brought together in a compatible and unified plan of development which shall be in the interest of the general welfare of the public. In Planned Development Districts, land and structures may be constructed and used for any lawful purpose in accordance with the provisions set forth in this article.
C.
In order to carry out the intent of this article, a Planned Development District shall achieve the following objectives:
(1)
A maximum choice in the types of environment, occupancy, tenure, types of housing, lot sizes and community facilities available to Village residents at all economic levels.
(2)
More usable open space and recreation areas and more convenience in the location of accessory commercial and service areas.
(3)
A development pattern which preserves trees, outstanding natural topography and geologic features and prevents soil erosion.
(4)
A creative use of land and related physical development which allows an orderly transition of land from rural uses.
(5)
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs.
(6)
A development pattern in harmony with the objectives of the Master Plan.
(7)
A more desirable environment than would be possible through the strict application of other articles of this chapter.
§ 125-20 Procedure for zone change.
A.
The procedure for obtaining a change in zone for undertaking development within a Planned Development District shall be as follows:
(1)
The owner or agent thereof of the land shall apply, in writing, and shall submit two copies of a preliminary development plan to the Village Planning Board as described in § 125-21.
(2)
The Planning Board shall discuss the proposed application and shall review the preliminary development plan with the owner within 21 days. The Planning Board shall prepare recommendations with regard to the preliminary development plan and, if applicable, the proposed change of zone.
(3)
The Planning Board shall send a copy of its recommendations to the owner within 30 days of said meeting indicating its approval in principle or its disapproval. If the preliminary development plan is approved in principle, the Planning Board shall state any specific changes it may require.
(4)
The owner shall submit three copies of an application for a change of zone and three copies of a development plan as described in § 125-22.
(5)
The Planning Board shall discuss the development plan with the owner within 30 days of submission. The Planning Board will submit its finding to the Village Board as required in § 125-23 within 30 days of said meetings or any continued session thereof.
(6)
After receipt of the Planning Board's recommendations, public notice shall be given and a public hearing held by the Village Board on the proposed change of zone and approval of the development plan.
(7)
After the public hearing, the Zoning Map may be amended so as to define the boundaries of the Planned Development District, but such action shall have the effect only of granting permission for development of the approved development plan proposal, in accordance with this chapter, within the area so designated. If the zone change and development plan is approved, an appropriate notation to that effect will be made on the face of three copies of the development plan. One copy will be retained by the Village Clerk, one copy will be given to the Planning Board, and one copy will be returned to the owner.
B.
If the execution of the entire development plan has not occurred within five years of the effective date of the zoning change or a change in property ownership occurs, the Planned Development District classification shall revert to the prior classification, the approved development plan shall be invalid, and a new application shall be made.
§ 125-21 Preliminary development plan.
A.
The owner shall submit a preliminary development plan to the Planning Board for review, which shall include the following information:
(1)
A survey of the property showing existing features of the property, including contours, buildings, structures, trees over four inches in trunk diameter, streets, utility easements, rights-of-way and adjacent land use.
(2)
A proposed site plan showing building locations and land use areas.
(3)
The proposed traffic circulation, parking areas, pedestrian walks and landscaping.
(4)
The proposed construction sequence for buildings, parking spaces and landscaped areas.
(5)
A statement as to how common open space is to be owned and maintained.
B.
Factors for consideration.
(1)
The Planning Board's review of a preliminary site plan shall include, but is not limited to, the following considerations:
(a)
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
(b)
The adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
(c)
The location, arrangement, appearance and sufficiency of off-street parking and loading.
(d)
The location, arrangement, size and design of buildings, lighting and signs.
(e)
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise-deterring buffer between adjacent uses and adjoining lands.
(f)
In the case of apartment houses or multiple dwellings, the adequacy of usable open space for playgrounds and informal recreation.
(g)
The adequacy of stormwater and sanitary waste disposal facilities.
(h)
The adequacy of structures, roadways and landscaping in areas with moderate-to-high susceptibility to flooding and ponding and/or erosion.
(i)
The protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(j)
Conformance to other specific charges of the Village Board which may have been stated in this chapter and other Village laws.
(2)
In its review, the Planning Board may consult with the Village Engineer and other Village, town and county officials, as well as with representatives of federal and state agencies, including the Soil Conservation Service and the New York State Department of Conservation. The Planning Board may require that exterior design of all structures be made by or under the direction of a registered architect whose seal shall be affixed to the plans. The Planning Board may also require such additional provisions and conditions that appear necessary for the public health, safety and general welfare.
§ 125-22 Development plan.
A.
The owner shall submit a development plan to the Planning Board for review, together with the application for a change of zoning classification.
B.
The development plan shall be prepared by an architect, landscape architect, engineer or land surveyor and shall include the following information:
(1)
A site plan showing proposed building locations and land use areas.
(2)
The traffic circulation, required parking and loading areas and pedestrian walks.
(3)
A landscaping plan, including site grading and landscape planting and structures.
(4)
Preliminary drawings of buildings to be constructed in the current phase, including floor plans, exterior elevation and sections.
(5)
The preliminary engineering plans, including street improvements, drainage system and public utility extensions.
(6)
Engineering feasibility studies of any anticipated problems which might arise due to the proposed development, as required by the Planning Board.
(7)
A location map showing uses and ownership of abutting lands.
(8)
The construction sequence and time schedule for the completion of each phase for buildings, parking spaces and landscaped areas, if applicable.
D.
This development plan shall be in general conformance with the approved preliminary development plan. Approval shall be secured by the owner for each phase of the development. Such phase approval shall be valid for three years, at which time, unless the proposed development has been completed, the development plan approval shall terminate.
§ 125-23 Criteria for recommendation of approval.
The Planning Board, after determining that the requirements of this chapter dealing with Planned Development Districts have been met, shall recommend the approval, approval with modifications or disapproval of the development plan to the Village Board. The Planning Board shall enter its reasons for such action in its records. The Planning Board may recommend the establishment of a Planned Development District, provided that it finds the facts submitted with the development plan establish that:
A.
The uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under any other district.
B.
Land surrounding the proposed development can be developed in coordination with the proposed development and be compatible in use.
C.
The proposed change to a Planned Development District is in conformance with the general intent of the Comprehensive Plan of the Village.
D.
Existing and proposed street are suitable and adequate to carry anticipated traffic within the proposed district and in the vicinity of the proposed district.
E.
Existing and proposed utility services are adequate for the proposed development.
F.
Each phase of the proposed development, as it is proposed to be completed, contains the required parking spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment.
G.
The proposed development plan with all proposed buildings, parking spaces, landscape and utility areas can be completely developed within five years of the establishment of the district.
§ 125-24 Approval; conditions and requirements.
If the Village Board grants approval, the Zoning Map shall be so notated. The Village Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to this chapter any additional conditions or requirements for the applicant to meet. Such requirements may include but are not confined to visual and acoustical screening, land use mixes, order of construction and/or occupancy, circulation systems, both vehicular and pedestrian, availability of sites within the area for necessary public services such as schools, firehouses and libraries, protection of natural and/or historic sites and other such physical or social demands.
§ 125-25 Additional regulations.
For the purposes of regulating development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as variance requests. Use changes shall be processed as requests for special permits requiring Village Board approval. It shall be noted, however, that properties lying in Planned Development Districts are unique and shall be so considered by the Board of Appeals and/or the Village Board when evaluating variance and special permit requests, and maintenance of the intent and function of the planned unit shall be of primary importance.
§ 125-26 Financial responsibility.
The Village Board, prior to approval of a Planned Development District, shall review the terms of the performance bond specified in § 125-22B(9). The Board may require such different or additional security as is deemed reasonably necessary to protect the public health, safety and general welfare. If said security is in the form of a performance bond, it shall be issued by a bonding or surety company approved by the Village Board and shall be approved as to form, sufficiency, manner of execution, term, manner of modification and method of enforcement. If said security is in the form of cash, irrevocable letter of credit, etc., the Village shall determine the form sufficiency, manner of execution, term, manner of modification and method of enforcement.