Inlet Town City Zoning Code
ARTICLE V
Planned Development Districts
§ 160-26 Purpose and general applicability.
A.
The purpose of this article is to permit and encourage alternative concepts of developing and adapting land areas within the Town for appropriate residential, recreational, or commercial, or a satisfactory combination of such uses, where clustering and other land development techniques will contribute to more effective and economic land use development, protection of existing land uses and natural resources, reduction of the need for extension of public services and systems, and the strengthening of the Town's economic base, without departing from the spirit and intent of the Comprehensive Plan and this Zoning Law.
B.
This article contemplates the development of standards for the improvement of an entire tract of land harmoniously, consistent with the spirit and intent of the Comprehensive Plan. This article may apply to tracts of vacant land, the redevelopment of improved lots or any combination of the two. It may provide flexibility in the mix of permitted uses, the application of dimensional requirements and other development standards employed in the traditional zoning districts.
C.
Planned Development Districts described in this article are floating zones and will not be identified on the Zoning Map unless and until approved by the Town Board. Nothing herein shall obligate the Town to establish a Planned Development District or to adjust or waive permitted uses or development standards within any other district. An application for a Planned Development District must demonstrate that the development concept will be beneficial to the basic purposes of this chapter, the Comprehensive Plan and related Town objectives.
§ 160-27 Overview.
A.
This article addresses the rezoning a tract of land intended to be developed as a planned unit. The rezoning will establish a district known as a Planned Development District (PDD). This article contains criteria for two such Planned Development Districts: the Planned Residential District (PD-R) and the Planned Recreational District (PD-Rec). The criteria established by the Town Board for these districts have been determined to be consistent with the Town's Comprehensive Plan. An applicant may apply to establish a PDD with different criteria but must show, among other things, that any such criteria are consistent with the Comprehensive Plan.
B.
The first step in the process is the rezoning of the identified tract of land. This action is subject to the approval the Town Board after receiving the recommendation of the Planning Board.
C.
An application for any type of PDD must be accompanied by an environmental assessment form as prescribed in 6 NYCRR Part 617. If the Town Board determines that the rezoning may have a significant impact on the environment, it will require the preparation of an environmental impact statement (EIS). Where the development may consist of multiple phases or otherwise when appropriate, the Town Board may elect to draft a generic EIS.
D.
If the Town Board approves the establishment of the PDD, the applicant will then apply to the appropriate Town authorities for any required site-specific approvals (e.g., subdivision approval, site plan approval, special use permit and building permit) according to the terms established by the Town Board in the rezoning and by this Zoning Law.
§ 160-28 Planned Residential District (PD-R).
A.
Minimum number of dwelling units. Four dwelling units housed in at least two residential structures.
B.
Minimum size of district: five acres.
C.
Minimum green space buffer around perimeter of district: 50 feet.
D.
Dimensional requirements; number of allowable dwelling units.
(1)
Separate dwelling units may be placed closer together than would otherwise be permitted by the minimum lot width, lot size, road frontage, building setback and other dimensional requirements in any other residential zoning district, provided that the total number of dwelling units on the parcel does not exceed the number as calculated in Subsection E below and the number permitted by the Adirondack Park Land Use and Development Plan.
(2)
The maximum number of allowable dwelling units may be increased by 25% above the calculated number where it is demonstrated to the satisfaction of the Town Board that the particular location and site can reasonably sustain such increased density, provided that the number does not exceed the number permitted by the Adirondack Park Land Use and Development Plan.
E.
Calculation of number of allowable dwelling units. The maximum number of allowable dwelling units shall be calculated by dividing the area of the proposed PD-R, excluding water bodies, wetlands and land located within a public highway right-of-way, by 20,000 square feet, and then rounding to the nearest whole number.
F.
Permitted uses. Permitted uses include, but are not limited to:
(1)
One-family, two-family and multiple-family dwellings, or a combination thereof. One-family dwellings include dwellings on individual lots.
(2)
Park, playground, swimming pool, golf course, and other developed or natural recreation areas and facilities.
(3)
Accessory uses customarily incidental to the foregoing uses.
(4)
Limited commercial uses compatible with and supporting of the residential uses within the district and otherwise clearly appropriate to surrounding uses and to the location within the Town may be permitted. Specific permitted commercial uses will be determined by the Town Board on a case-by-case basis for each application.
G.
Natural shoreline preservation. In order to encourage maintenance of undeveloped shoreline, the Planning Board may recommend to the Town Board a cluster plan that limits the number of dwelling units close to the shoreline or otherwise preserves an open space buffer along the shore.
H.
Open space recreational use. An area for open space recreational use shall be provided as follows:
(1)
Suitable and satisfactorily located lands comprising at least 5%, but not more than 10%, of the area of the Planned Residential District shall be designated and reserved for open space recreational purposes. Such use may be either open space recreational use, motorized or nonmotorized. Improvements and facilities to be provided as part of such area shall be acceptable to the Town.
(2)
Such area may be offered for cession to the Town or retained in private ownership under an agreement for its improvement and maintenance satisfactory to the Town. In the instance where satisfactory accommodation of open space recreation needs cannot be reasonably accomplished within the PD-R, the Town may, at its discretion, accept a payment in lieu of such land and its improvement that would represent a comparable value. Any such payment would be credited to a recreation fund for the explicit purpose of acquiring and/or improving recreational land and facilities in the Town that would reasonably serve the needs of the residents of the Planned Residential District and their guests.
(3)
The provision of such open space recreation area shall be in addition to lands otherwise reserved for minimum required setbacks, buffer areas and the preservation of unique or outstanding site characteristics.
I.
Conversion of existing use. Conversion of existing resort lodge, club facilities to one-family dwellings may be permitted through establishment of a Planned Residential District.
J.
Common docking area. A common docking area, rather than individual docking areas, shall be allowed for each Planned Residential District. That docking area cannot create a conflict with existing beach and/or a designated swimming area uses. The size of the docking area is limited to the density of the approved plan. No marina or other commercial services relating to boating activities is permitted.
K.
Maintenance plan. Any PD-R District must have an approved plan for garbage disposal, snow removal, and road maintenance.
L.
Boathouses. Boathouses will not be allowed on lake frontage.
M.
Circulation system design standards.
(1)
All buildings shall be arranged to be accessible to emergency vehicles.
(2)
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.
(3)
Roads, pedestrian walks and open space shall be designated as integral parts of an overall site design. They shall be properly related to existing and proposed buildings, and appropriately landscaped.
(4)
Buildings, vehicular circulation and open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
(5)
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.
(6)
Paving, lighting fixtures, retaining walls, fences, curbs, benches, and similar elements, shall be of good appearance and quality, easily maintained and, shall be constructed in accordance with the Town standards. The Planning Board may impose further requirements or stipulations it deems necessary.
N.
Landscape design standards.
(1)
Landscape design plans shall be subject to review by the Planning Board.
(2)
Landscape treatment for roads, sidewalks, service and parking areas shall be designated as an integral part of a coordinated landscape design for the entire project area.
(3)
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 the surrounding environment.
(4)
Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.
(5)
All streets bordering the project area shall be planted at appropriate intervals with street trees.
§ 160-29 Planned Recreation District (PD-Rec).
A.
Minimum size of district: five acres.
B.
Minimum green space buffer around perimeter of district: 50 feet.
C.
Maximum building coverage: 15%.
D.
Maximum building height: 35 feet.
E.
Number of tourist accommodation units: shall not exceed the number permitted by the Adirondack Park Land Use and Development Plan.
F.
Permitted uses. Permitted uses include, but are not limited to:
(1)
Commercial recreation, tourist attraction.
(2)
Fishing, hunting club, lodge.
(3)
Group camp.
(4)
Resort lodge, club.
(5)
Recreational campsite.
(6)
Open space recreation use.
(7)
Such accessory uses as are customarily incidental to the foregoing uses.
G.
Roadways. All roadways, access drives and parking areas shall be constructed in accord with Town standards and, any further requirements or stipulations deemed necessary by the Planning Board.
§ 160-30 Procedures.
Application for a Planned Development District shall be processed in the following steps.
A.
Amendment to the Zoning Law. The approval of Planned Development District shall constitute an amendment of the Town of Inlet Zoning Map. The text of the Zoning Law may also be amended as part of the approval. Any such approvals will fully comply with the requirements of Town Law § 265, § 160-98 of the Zoning Law and this section.
B.
Sketch plan conference. An applicant may submit a sketch plan containing information identified in Appendix A[1] to the Planning Board, and arrange to informally discuss a project with the Planning Board in order to identify key land use and development considerations and potential problems, if any, to be evaluated in future refinement of a Planned Development District proposal prior to making an application to the Town Board.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
Submission of preliminary plat/plan. An applicant must submit an application to the Town Board for the establishment of a PD-R or PD-Rec District. Such application shall contain all of the information required in Appendix A for a sketch plan and a preliminary plat/plan, accompanied by the preliminary plat or plan. In addition, the applicant will submit a draft master plan for the site which includes a description of the applicant's objectives and how such objectives relate to the Town's Comprehensive Plan. Such information shall fully explain and locate all proposed new and modified land use and development. In addition, the applicant will provide proof that it owns or controls the development rights to all of the land in the proposed PDD. When these documents, together with the environmental assessment form (See Subsection D below.), are submitted to the Town Board, at its earliest opportunity it shall refer same to the Town Planning Board for review and recommendation.
D.
State environmental quality review act.
(1)
All such applications shall be subject to the State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law, and all of the rules and regulations adopted pursuant thereto as set forth in 6 NYCRR Part 617.
(2)
In addition to the thresholds established in 6 NYCRR 617.4, all such applications which propose a project which is situate within the APA hamlet area of the Town and bounded by Fourth Lake and New York State Route 28 and the South Shore Road, regardless of size of the proposed project, and in all other proposed projects of 25 new residential units or more, shall be considered a Type I Action as defined by SEQRA, and the applicant shall submit a full environmental assessment form (EAF) as required by Section 6 NYCRR 617.5 with the application which shall be referred to the Town Planning Board with the application.
(3)
In any application for a Planned Development District, the Town Board will take any measures necessary to be designated as the lead agency in a coordinated review.
(4)
At its earliest opportunity, the Planning Board will review the EAF and make recommendations to the Town Board regarding the determination of significance required pursuant to 6 NYCRR 617.7. The Planning Board may hold a public meeting or hearing prior to make its recommendation.
(5)
Upon receiving the Planning Board recommendation, the Town Board will determine whether an EIS is required. If an EIS is required, the application will not be complete until a draft EIS has been accepted by the Town Board for public review.
E.
Planning Board review of preliminary plat/plan and proposed zoning amendment. The Planning Board shall review such application including all documents submitted pursuant to the SEQRA.
(1)
The Planning Board may recommend such changes in the preliminary plan as are found to be necessary to meet the requirements of this article, to protect established permitted uses and natural resources in the vicinity, to promote the orderly growth and sound development of the Town and to minimize adverse environmental impacts in order to comply with the requirements of SEQRA. In evaluating the proposal and in making a recommendation regarding the preliminary plans and the zoning amendment, the Planning Board shall consider and make findings regarding the following:
(a)
The need for the project.
(b)
The degree to which the plan is or is not consistent with the stated purposes of the Planned Development District.
(c)
The extent to which the plan departs from zoning regulations formerly applicable to the property in question, including but not limited to permitted uses, bulk, density and other standards, and its relationship to the Adirondack Park Act and the Adirondack Land Use and Development Plan Map.
(d)
The existing character of the neighborhood and the relationship, beneficial or adverse, of the proposed development to this neighborhood.
(e)
The location of principal and accessory buildings on the site in relation to one another and to other structures and uses in the vicinity, including bulk and height.
(f)
The provision for pedestrian circulation and open space in the planned development, the reliability of the proposal for maintenance and conservation of the common open space and pedestrian circulation as related to the proposed density and type of development.
(g)
The recognition and satisfactory accommodation of important natural and physical features on or adjoining the site and limitations and opportunities of such features.
(h)
The traffic circulation features within the site including the amount of, location of, and access to vehicular parking, loading, and related service areas.
(i)
The amount of traffic generated at peak hours and the provisions for adequately handling such volumes, with particular reference to points of ingress and egress, potential hazards such as inadequate site distances and intersection design, and the nature and suitability of the connecting street or highway system to absorb the anticipated changes.
(j)
The provision for storm drainage, sanitary and solid waste disposal, water supply, and other services on and adjacent to the site.
(k)
The proposed location, type and size of signs and landscape features.
(l)
The physical design of the plan and the manner in which said design does or does not make adequate provision for service demands (water, sewer, fire, etc.), provide adequate control over vehicular traffic, and further the amenities of light, air, visual enjoyment, and natural resource protection.
(2)
The Planning Board shall report its findings and make its recommendation to the Town Board within 45 days. It may recommend approval, disapproval or conditional approval subject to modifications regarding the proposed development.
(3)
The Planning Board may retain the services of a professional planner or such other professionals as are necessary to evaluate the proposal. The reasonable cost of such services will be the expense of the applicant. The Planning Board may require the payment of such costs, or installments thereon, by the applicant into an escrow account held by the Town as escrow agent in order to ensure payment to retained professionals.
F.
Hearings; amendment of Zoning Map; conditions.
(1)
After the receipt of the recommendations of the Planning Board, the Town Board shall hold a public hearing after public notice as required for any amendment to this chapter and shall consider the report and recommendations of the Planning Board and all other comments, reviews and statements pertaining thereto. To the extent practicable, any such hearing will be combined with any hearing required pursuant to SEQRA.
(2)
Where a draft EIS has been prepared, no decision on establishing a Planned Development District until at least 10 days after the final EIS has been adopted.
(3)
The Town Board may amend the Zoning Map, with or without conditions, amend the text of this Zoning Law or refuse to adopt any amendment. Any such amendment may be adopted only after compliance with the procedures in the Municipal Home Rule Law for amending a local law.
(4)
In addition, where the proposed project will be subject to the approval of the APA, the Town Board may delay the effective date of the amendment until the project has been approved by the APA. If the approval is inconsistent with the zoning amendment, the Town Board may take the necessary steps to conform the zoning amendment. In the event that the APA denies the permit for the project (and all judicial appeals have been exhausted) or in the event the Town Board determines that the APA application has been abandoned, the Town Board will take the necessary steps to revoke the zoning amendment and the existing zoning will continue in effect.
(5)
The Town Board may, with all proposed projects consisting of 24 or fewer new residential units, amend the Zoning Map to establish and define the type and boundaries of the Planned District and in so doing may state specific conditions in addition to those provided in the section further restricting the nature or design of the above development.
(6)
The Town Board may, with all proposed projects consisting of 25 or more new residential units proposed in the APA hamlet area of the Town, conditionally approve amending the Zoning Map to establish and define the type and boundaries of the Planned District and in so doing may state specific conditions in addition to those provided by this section further restricting the nature or design of the above development. If the Town Board conditionally approves the amending of the Zoning Map to create a Planned Development District which proposes 25 or more new residential units in a hamlet area, then pursuant to § 810, Subdivision (1)(a)(2), of the Adirondack Park Agency Act, Executive Law Article 27, such projects shall constitute a Class A Regional Project and shall be subject to the jurisdiction of the Adirondack Park Agency.
(7)
The amending of the Zoning Map creating a Planned District for projects described in Subsection E(2) above will not occur until the APA has fully reviewed the proposed project and has issued its approval of such project, at which time the Town Board shall amend the Zoning Map to establish and define the type and boundaries of the Planned District in conformity with all of the conditions set forth in the APA approval and may state specific conditions in addition thereto and in addition to those provided in this article further restricting the nature or design of the above development. The APA review and the Town's approval process set forth in this section may run concurrently. In no event will the Town issue a permit pursuant to said section until such time as the APA review has been completed and it has issued its approval of the project.
G.
Planning Board approval of development within an established Planned District:
(1)
Amendment of the Zoning Map to establish a Planned District shall not constitute authorization to undertake any construction and development in the district.
(2)
In order to proceed with the project the applicant shall.
(a)
Submit to the Planning Board such further plans and specifications, supporting documents and data as are required under final plat/plan in Appendix A;[2]
[2]
Editor's Note: Schedule A is included at the end of this chapter.
(b)
Obtain site plan review and approval pursuant to Article IX of this Zoning Law;
(c)
Comply with any other requirements or conditions imposed by the Town Board in the zoning amendment; and
(d)
Where applicable, obtain approval from the APA.
§ 160-31 Expiration of permit.
If construction in accordance with the approved plan has not commenced within one year after the date of the resolution authorizing issuance of the permit, the permit shall become null and void, and the approval shall be deemed revoked and vacated, except that such time period may be extended upon application to and authorization by the Planning Board.
§ 160-32 Residential unit.
A residential unit, for the purposes of this article, shall include a residential lot, parcel or site or residential unit, whether designed for permanent, seasonal and transient use.
§ 160-33 Fees and costs.
A.
Every application for a Planned Development District pursuant to this section will be accompanied by a check payable to the Town of Inlet in an amount determined by a fee schedule established by the Town Board. The application charge is a flat fee to cover direct administrative expenses and is nonrefundable regardless of the final decision on the application.
B.
The applicant shall agree, in writing, to pay all reasonable costs for professional review of the application, including engineering, legal, planning, and other expenses connected with the review of the application.
C.
Additionally, each applicant shall agree, in writing, to pay all reasonable costs for the Town's inspection of the constructed improvements.
D.
All such costs for review and inspection and testing must be paid before any construction permit is issued and all remaining costs must be paid in full before any occupancy of the premises is permitted or a certificate of occupancy issued.
E.
If an applicant desires a court reporter, the costs of taking testimony and transcribing it and providing a copy of the transcript to the Town of Inlet shall be at the expense of the applicant who shall arrange for the reporter's attendance.