Johnstown Town City Zoning Code
ARTICLE IX
Planned Unit Development
§ 84-46 Purpose, effect, authorized uses, applicability.
Purposes. The regulations for Planned Unit Development Districts ("PUD") as set forth below are intended to provide a recognized and innovative zoning and planning technique for potential new development of (relatively large) areas within the Town of Johnstown that arc specifically chosen by property owners or developers for well-designed projects that incorporate a mixture of compatible uses, open space, economies of scale, environmental and community sensitivity, and creative architectural or planning concepts that are in accordance with the Town's economic and land use policies and goals. It is the intent of the PUD to provide for flexibility of use, area and site development restrictions in order to encourage responsible and high-quality developments that will be a lasting asset to the Town and the community in which they are situated. Each application for a PUD will be reviewed in detail and approved on a case-by-case basis to ensure that the purposes and intent of these regulations are met. In this regard, the following objectives shall be sought with each application:
Creation of a more desirable community environment than what would be possible via a strict application of zoning regulations set forth elsewhere in the Town's zoning regulations.
Encourage the permanent preservation of open space for active and passive recreational use, including the provision of neighborhood parks and trails.
Preservation and enhancement of community natural resources such as water bodies, wetlands, forest, significant topographic and geologic features and other areas of scenic and ecological value.
Efficient use of a site to facilitate adequate and economical construction and maintenance of street and drainage facilities, water supply and sewerage systems.
Encourage a less sprawling and more efficient forms of development that consumes less open land and conforms to existing topography and natural features better than a conventional or grid subdivision.
Minimize the total amount of disturbance on the site.
Innovation and variety in the type and design of residential development, providing a wide choice of living environment, occupancy tenure and housing costs.
To further the policies and goals set forth in the Town of Johnstown Master Plan.
Effect of PUD approval. The decision to approve a PUD is a legislative decision that amends the Zoning Map so that no PUD applicant is entitled to a proposed PUD project unless and until the Town Board approves it. The approval of a PUD will create a new zoning district on the parcel or parcels of property for which it is proposed that will be governed by the terms, restrictions and conditions of the Town Board's approval for that particular PUD district.
Authorized uses within PUD. No use shall be established and no development shall be permitted in the PUD district unless specifically approved pursuant to the procedures and standards set forth in this article. The specific uses to be allowed in the PUD shall be approved by the Town Board. No use shall be approved as an allowable use within a PUD if it is found by the Town Board to be contrary to the health, safety or general welfare of the residents of the Town. The general categories of allowable uses that can be incorporated in any PUD are as follows:
Commercial. Including but not limited to lodging, sale of retail products and services (excluding wholesale)
Office. Including professional and business (excluding medical clinics exceeding 5,000 square feet of floor area.)
Single-family dwellings. Including townhouses/condominiums.
Multifamily dwellings. Including apartments and condominiums.
Recreational. Including outdoor and indoor facilities.
Mixed uses and mixed-use buildings. Any combination of the above mentioned uses.
Applicability.
Districts. A PUD may be considered for approval in any zoning district established in the Town.
Minimum area. A PUD shall comprise at least 10 contiguous acres of land, unless otherwise established in this chapter. The Town Board shall consider a PUD proposed on less than 10 contiguous acres on a case-by-case basis. No application for a PUD shall be accepted or approved unless all of the property included in the application is under unified ownership or control by the applicant.
§ 84-47 General requirements and design standards.
Development density. The allowable density shall be based upon buildable land within the proposed PUD. The density of a proposed PUD development shall be set forth initially by the applicant as part of the PUD plan and application process and determined in the final instance by the Town Board as part of the approval process. Generally, density of structures, infrastructure such as roads and parking lots, and other developed areas shall be appropriate for the site and the neighborhood in which the site is situated taking into account availability, capacity and suitability of services, such as schools, emergency response, and public roads, community sewer and water systems, and ability to mitigate or contain environmental impacts. Land that meets the following criteria will not be included in the calculation of buildable land:
Freshwater wetlands as regulated pursuant New York State Department of Environmental Conservation regulations;
Waters of the United States, including wetlands under the jurisdiction of the U.S. Army Corps of Engineers;
Streams that are classified or classifiable by the New York State Department of Environmental Conservation;
Critical environmental areas as designated by the New York State Department of Environmental Conservation;
Slopes in excess of 15%;
Other areas of environmental or scenic significance as may be identified by the Planning Board, Town Board, or the Town of Johnstown Master Plan;
Increase in density. A proposed PUD that meets unique criteria may be granted an increase in density. Examples of unique criteria shall be as follows:
The inclusion of Town-wide public recreational facilities, other community facilities, or some combination thereof.
The provision of open space above and beyond the requirements outlined in this article or other PUD districts established by the Town, especially if the open space is creatively connected with existing open space for purposes such as recreational trails, habitat corridors, and scenic viewsheds, and other similar benefits of public importance.
Additional community benefits. Applicants seeking further density bonuses have the option of proposing additional community benefits not already listed above.
Ratio of mixed uses. The proposed PUD shall have a mixture of uses that is appropriate and sustainable for its location, Town needs and market considerations. The actual ratio of mixed uses shall be specified by the applicant as part of the PUD application and approved by the Town Board as part of the approval process.
Preservation of natural features.
Significant natural features of a proposed site for a PUD shall be preserved whenever possible for purposes of:
Enhancing the quality of development.
Providing adequate screening and buffering between new development and surrounding properties.
Preserving the character of existing neighborhoods or improving such character.
Protecting important environmental resources.
Providing for natural channels and water quality filters for stormwater such as vegetation along stream corridors, wetlands, and permeable surfaces.
Preservation of historic resources. Whenever a proposed site for a PUD has existing historic buildings, structures or sites of significance located thereon, such resources shall be preserved and incorporated in the design wherever possible.
Integrated architectural design. If a mixture of uses is proposed, the PUD and the plan for its development should integrate the architectural design for buildings, structures, landscaping, infrastructure facilities and common areas so that the development has a visually cohesive design appropriate to the uses proposed and for the area of the Town where the PUD is proposed.
Pedestrian system. Provision shall be made for a pleasing and accessible pedestrian system within the proposed site and access from without.
Streets. The PUD and the plan for its development shall provide an appropriately designed traffic system that allows for ease of access to and circulation within the PUD. Such system shall take into account current traffic flows and volume as well as that which may be generated by the PUD. Access points shall be designed to provide smooth flow, controlled turning movements and minimum hazard to vehicular and pedestrian traffic.
Off-street parking and loading. The proposed development shall comply with the off-street parking and loading standards set forth in this chapter, unless it is shown that a deviation from those standards is warranted and is specifically approved during the PUD approval process. Generally, adequate parking and loading facilities must be provided for on-site with minimum disruption to traffic circulation and with no increase to off-site parking.
Utilities. Underground on-site utilities are required including telephone, electric, cable, water distribution laterals and sewer collection laterals.
Lighting. All lighting shall be arranged so as to prevent direct glare or hazardous interference from the lighting for the proposed development to adjoining streets or properties.
Common areas, open space, recreation areas. Depending on the size of the proposed PUD, the number of residential units, the square footage of commercial space proposed, or any combination thereof, provisions shall be made for common areas, open space and recreational amenities for residents and guests of the PUD. Pedestrian walkways, recreational buildings and facilities, natural open space areas, sitting or observation areas, natural habitats, parks and playgrounds are considered suitable amenities depending on the density and mixture of uses of the proposed development. Integration of various amenities throughout the development plan is encouraged.
Not less than 30% of the gross area of the proposed PUD project site shall be devoted to common open space, unless otherwise prescribed by this chapter. For lands allocated to open space uses, not less than 50% of open space shall be devoted to common or public open space. (i.e., a 100 acre PUD project shall allocate not less than 30 acres for open space uses. Of the land allocated to open space uses, at least 15 acres (50% of 30 acres) shall be set aside for common or public usage.) Open space shall be integrated through design and construction with the developed portions of the site. The design of open space shall consider neighborhood character and abutting properties and uses.
Public recreation areas and facilities shall be incorporated where appropriate.
Ownership and maintenance. All common areas and amenities shall be owned and operated by an appropriate legal entity that will exist in perpetuity. The conveyance of individual parcels within a PUD may be acceptable provided provision is made for continuity of restrictions and controls in the form of deed covenants, restrictions and easements. The post-development ownership and maintenance plan shall be part of the application and approval process. Said post-development plan shall include a mechanism that will provide unified control and authority over the operations of the development so that there is one entity or individual that is responsible for enforcing the terms and conditions of the PUD approval for all tenants, homeowners, business owners and other users of the PUD.
Development phasing. The development of a PUD may be proposed and approved in phases. A phasing plan shall be submitted as part of the PUD application materials if development phasing is contemplated by the applicant. The Town Board shall have the authority to approve, with or without modifications and/or conditions, or deny the phasing plan based on the following standards:
Each phase must be related to surrounding areas and available public facilities in a manner such that failure to proceed to subsequent phases will not adversely affect those areas or facilities.
Each phase when completed must be able to fully function on its own or in conjunction with prior phases without dependence on subsequent phases and each phase shall be fully completed prior to the final approval of subsequent phases.
The infrastructure, as installed, shall be sufficient to accommodate each planned phase of development.
Each phase shall have an appropriate ratio of the various uses proposed for the development.
Construction schedule. The applicant shall propose and the Planning Board shall review and approve a construction schedule for the development of an approved PUD. Generally, commencement of development of the PUD, or the first phase if a phased PUD is approved, must occur within three years of the date that the final site plan of the PUD is approved. However, it is recognized that depending on the scale and complexity of the development, consideration may be made with respect to the reasonable time necessary for the applicant to obtain construction financing, insurance and bonds, executing construction contracts, and other such aspects involved in a development project. Thus, the Town Board may modify the time period allowed for commencement of construction depending on the circumstances of each PUD.
§ 84-48 PUD application procedures.
Sketch plan. An application for a PUD approval starts with submission of and review of a sketch plan by the Town Board pursuant to the requirements and procedures set forth below. If the Town Board determines that the proposal merits no further review because it fails to meet the objectives of this chapter, no further action on the application shall be taken.
The following information shall be submitted for convening a sketch plan conference. A sketch plan drawn to approximate scale and depicting at least the following:
Parcel or parcels to be included in PUD;
The location of the various uses and their areas;
Approximate location of significant natural and man-made features of land, such as wetlands, streets, easements, buildings, etc.;
Proposed layout of structures, roads and other features;
Current owners of parcel(s) to be included in PUD;
Written narrative describing the proposal and its merits. The narrative shall be sufficiently detailed to provide a well-developed concept and scope of the proposal, and must include, at a minimum, the following:
Total number of acres proposed for the PUD;
Type of uses proposed and ratio of mixed uses;
Number of residential and commercial units;
Preliminary density calculations (dwelling units per acre/square footage of commercial space per acre);
An explanation of how the applicant's particular mix of land uses meets existing community needs and goals;
A summary of the operation and ownership arrangements during development and post-development phases;
A summary of the infrastructure needed and/or available with respect to transportation, roads, water, and sewer;
A general description of the provisions of other community facilities, such as schools, fire protection services and cultural facilities, if any, and an indication of how these needs are proposed to be accommodated;
Recreational facilities and/or amenities that will be included in the PUD plan;
General description of type of architectural and planning design standards to be proposed as part of PUD plan;
General description of existing land uses on parcels adjacent to proposed PUD site.
Sketch plan fee set by the Town and which is nonrefundable.
The above requirements are the minimum requirements necessary in order for the Town Board to schedule a conference. The applicant may provide more detail than that indicated above.
The Town Board may require the applicant to meet with any Town staff and/or consultants that the Board deems appropriate in order to facilitate the submission of a complete and suitable application.
Sketch plan conference.
In this initial stage of review the applicant must meet with the Town Board in order to discuss the proposed project and to allow the Town Board and the developer to reach an understanding on basic requirements prior to detailed design investment. The Town Board shall schedule a conference with the applicant within 31 days of the submissions as set forth above.
The applicant shall attend the sketch plan conference and make a presentation to the Town Board describing the PUD proposal. The intent of this conference is to provide the Town Board with sufficient information and description of the proposal in order for the Board to preliminarily decide whether the proposal has merit for a PUD and whether to allow the applicant to proceed to the next stage of review.
Sketch plan decision. The Town Board shall, within 62 days from the date of the conference, make a preliminary determination as to whether the applicant may move on to next stage of the application process and submit a PUD application pursuant this chapter. The Town Board may provide the applicant comments and direction in whatever detail it deems appropriate regarding the content, design, allowed uses, ration of mixed uses, project size and scope that the Board will find appropriate for the formal application stage. Although said preliminary determination will not commit the Town Board to any specific course of action on the PUD to be requested, the sketch plan process is intended to advise the applicant as to what may be generally acceptable and not acceptable to the Board so that the applicant has a general understanding of what is expected in the next stage of review. Generally, said preliminary determination may include the following:
An identification of issues or PUD features that must be addressed in the PUD design and application materials such as specific infrastructure, design and environmental issues;
A general assessment of what uses and ratio of mixed uses that would be acceptable in the location proposed;
An identification of the types of supporting documentation and studies that will be required for submission and their general breadth and scope;
An identification of involved agencies and the approval jurisdiction that each may have with respect to aspects of the proposal;
A preliminary assessment of issues regarding compatibility or potential incompatibility with surrounding existing land uses and/or neighborhoods and proposed uses;
The time in which the preliminary determination must be made may be extended upon consent from the applicant.
Effect of decision. If it is determined by the Town Board that the sketch plan proposal does not have merit for further review as a PUD, the applicant may submit a new proposal for another sketch plan conference but may not submit a formal PUD application. If it is determined by the Town Board that the sketch plan proposal does have merit for further review, the applicant may proceed by submitting a formal PUD application that meets the submission requirements set forth below and is consistent with the preliminary determination of the Town Board pursuant to the sketch plan conference.
§ 84-49 PUD application.
Required submissions for a PUD application. The following is intended to set forth a comprehensive list of required submissions for a PUD proposal of significant complexity, size and scope. The Town Board shall have the authority to waive certain requirements that it deems unnecessary or inappropriate given the size, scope and complexity (or lack thereof) of the PUD actually proposed. It is intended that the required submissions be tailored to the actual proposal so that unintended and/or unnecessary costs in preparing submission materials are eliminated in the application process to the extent practicable. The submission materials, however, are to be complete and comprehensive with respect to the particular PUD project proposed, so that the Town Board and Planning Board have the opportunity to make their respective decision(s) on an appropriate record of information. One original and 10 copies of all application materials must be submitted.
PUD preliminary site plan. A schematic site plan, of one or more sheets, drawn to scale of not less than one inch to 100 feet which shall show at a minimum the following information:
Boundaries and total acreage of proposed area to be considered for the PUD;
Location of environmental features of land comprising the proposed PUD including but not limited to wetland areas, ponds, streams and drainage ways, tree stands and hedgerows, topography (of contour intervals of not less than 10 feet), and any other existing natural features with identification of what is to be preserved and/or removed;
Location and description of all existing man-made features on the site proposed for the PUD and on all properties adjacent to the proposed PUD such as land uses, structures, driveways or streets, wells, sidewalks, easements and common areas with identification of what is to be maintained, altered and/or removed;
Layout of proposed development including the location, areas and dimensions of proposed uses, structures, access and internal roads, parking areas and spaces, water and sewer system facilities and laterals, and all other site development features;
Location, area and features of each development phase if the development is proposed to be constructed in phases;
Drawings/guidelines: Proposed architectural drawings and guidelines applicable for all structures proposed within the PUD including a general narrative description of the type of architecture proposed and how it compares to the existing architectural features of nearby areas and proposed signage and/or signage regulations;
Landscape plan. A general but complete plan of the significant landscape features including buffer areas, screening and aesthetic features;
Stormwater drainage plan with supporting engineering documentation regarding the sufficiency of existing receiving channels or areas and/or mitigation measures;
Traffic studies and plans;
Lighting plan;
Utility plan and report establishing either that existing capacity exists for the PUD or the required improvements proposed;
A written description, images, and visuals that include the following:
Request for PUD with signatures of all parties having an interest in the subject property or properties;
Existing ownership of land proposed to be included in the PUD;
Proposed ownership of post-development PUD including description of organization(s) to be utilized to own, maintain and manage common areas, commercial space, residential units, and infrastructure improvements and whether certain structures or parcels within the PUD will be offered for sale or conveyance to third parties;
The proposed mixture of uses;
Density calculations and explanation of proposed density bonuses, if any;
Phasing plan, if any, including timing of phases proposed offers of dedication of land, improvements and/or easements;
Post-development deed covenants, conditions and/or restrictions applicable to individual properties within the PUD or to the entire PUD;
Schedule of general improvements to constitute a part of the development, including without limitation, signage, lighting, utilities, and features designed to address noise, visual screening, drainage, etc., if not already addressed in other submission materials;
An assessment of whether the proposed uses within the PUD are compatible with surrounding properties and uses (providing support for such conclusion) or, if not compatible, what measures or design features are included in the design of the PUD to enhance compatibility or mitigate incompatibility;
An assessment of whether the proposed PUD is consistent or compatible with the overall character of the surrounding area and Town and, if not consistent or compatible, the reasons why or what measures are included in the PUD proposal to enhance compatibility or mitigate incompatibility;
Proposed local law that amends Town Zoning Map;
Full EAF or draft environmental impact statement;
Application fee. A nonrefundable fee established by the Town Board plus a deposit in an amount sufficient to reimburse the Town for reasonably estimated costs including fees of consultant(s) to be retained by the Town Board in order to assist the Town Board and Planning Board in reviewing the PUD application. Consultant fees shall be based on the specific fee schedule of the particular consultant or consultants retained as well as the scope of services to be provided by such consultant(s). The Town Board shall hold such deposit in escrow for the sole purpose of paying the costs and fees of the consultant(s) retained for review of the PUD proposal. The consultant retained shall provide the Town Board with detailed invoices showing the services rendered for the time period billed and the Board shall provide the applicant with an opportunity to review said invoices prior to payment. Additional deposits may be required as the review process continues.
§ 84-50 Review procedures.
Review procedures.
First meeting. The Town Board shall review the application materials submitted and make a determination as to whether the application is complete for commencement of the PUD review process. In order for an applicant to be on the agenda of a special or regular Town Board meeting, all application materials must be submitted at least 10 days prior to the next scheduled meeting.
Determination of completeness. The Town Board shall have 62 days from the first meeting at which the PUD application is on the agenda in which to determine whether the submitted materials and documents constitute a complete application. The Town Board shall forward the application submissions to the Planning Board for its review and recommendation on the completeness and adequacy of the application submissions. If the Town Board determines that the application is incomplete, it shall advise the applicant in writing as to what documents or materials are missing or what the deficiencies in the submitted materials or documents are. Upon resubmission of the application or missing materials, the Board shall have the same time-period as set forth above in which to determine completeness of the application materials.
Upon completion. If the Board determines that the application is complete, it shall:
Refer a complete copy of the application materials to the Planning Board for its recommendation and the Planning Board shall have 62 days of its receipt of the application materials in which to make a recommendation to the Town Board with respect to the proposal;
Refer a complete copy to the county Planning Department, if applicable, and any other agency that has approval jurisdiction over any aspect of the proposal;
If not already performed, identify or retain a consultant or consultants in which to assist the Board in reviewing the application and advise the applicant as to the estimated cost of consultant fees, the fee schedule and scope of services of the consultants selected and the amount of deposit to be submitted for payment of such consultant fees.
State Environmental Quality Review Act (SEQRA) Process.
Lead agency. The selection of a Lead Agency shall be carried out in accordance with SEQRA. Notice shall be sent to all other involved agencies so that the SEQRA review is coordinated. Said notice shall state the Town's lead agency preference and that the lead agency must be agreed upon within 30 days of the date that the notice together with the environmental assessment form (EAF) was transmitted to them.
Determination of significance. When sufficient information has been provided by the Applicant, the lead agency (if the Town Board or Planning Board) must determine the significance of the proposed PUD. If the determination is that the proposal does not have the potential for one or more significant environmental impacts, the lead agency shall issue a negative declaration which concludes the SEQRA process. If the determination is that the proposal may result in one or more potential environmental impacts, the lead agency shall issue a positive declaration and require a draft environmental impact statement (DEIS) before further PUD procedures are continued.
Suspension of procedural time-frames. If a positive declaration is issued, the PUD procedural time-frames specified herein shall be suspended until a DEIS is submitted by the applicant and accepted as complete by the lead agency. Thereafter, the public hearing and comment period on the DEIS and PUD application may be coordinated and run concurrently. However, no decision on the PUD application shall be made by any Board or agency (including but not limited to the Planning Board recommendation) until the environmental impact statement process has been completed and a SEQRA statement of findings has been issued by the lead agency pursuant to the SEQRA regulations (6 NYCRR 617).
Planning Board recommendation. The date of Planning Board receipt of the application shall be the next regular meeting of the Planning Board. The applicant shall attend such meeting in order to explain the proposal and answer any questions the Planning Board may have. The Planning Board shall review the proposal and provide the Town Board with its recommendation as to whether or not the proposal should be approved as a PUD and any issues or concerns the Planning Board has on any aspect of the proposed PUD. The Planning Board shall forward its recommendation to the Town Board within 62 days of its receipt of the application referral. The Town Board shall consider the Planning Board recommendation but need not follow it.
Public hearing. The Town Board shall schedule a public hearing on the proposed zone change of the property to PUD in the same manner as a local law. The public hearing shall be scheduled within 31 days of its receipt of the Planning Board referral recommendations or within the time-frames specified in the SEQRA regulations after the acceptance of a DEIS, whichever last occurs. The public hearing may be scheduled prior to completion of the SEQRA process or in conjunction with the public hearing on the draft environmental impact statement if the lead agency finds that the public hearing may assist in its environmental review.
Decision on PUD proposal. Within 62 days after the close of the public hearing the Town Board shall decide whether to grant approval of the proposed PUD pursuant to the reasonable terms, conditions and requirements it deems appropriate. The sixty-two-day decision period shall not apply if the positive declaration has been issued for the PUD application, as the decision to grant approval of the PUD shall amend the Town Zoning Map as a PUD for the subject property subject to the terms and conditions of its approval. In rendering its decision on whether to disapprove or to grant approval of the proposed PUD, the Town Board may consider the following guidelines:
The need for, or suitability of, the proposed land use or uses in the subject location.
The compatibility of the proposed PUD with the surrounding area or neighborhood and the existing uses located on the adjacent properties in which the PUD will be located.
The safeguards provided or conditions required so as to minimize possible detrimental effects or impacts that the proposed PUD may have on adjacent properties, the surrounding area in general and the Town at large.
Adequacy of drainage, water supply and sewerage disposal facilities, traffic access and municipal services that may be required.
Whether a positive or beneficial increase in tax base can be expected when compared with cost of municipal services, including but not limited to education, emergency response, highways, to be provided.
Whether the proposed PUD will further the general welfare of Town residents with sufficient protection for the health and safety of Town residents.
Conditions. The Town Board, as part of its decision and approval of the PUD, may set forth any conditions that are reasonably related and incidental to the proposed project, to the mitigation of potential impacts and/or in furtherance of the guidelines set forth above or specified in rendering its decision.
Instructions for final site plan review and approval. As part of its decision, the Town Board shall specify with sufficient detail, the modifications to the site plan, if any, that the Board requires, the construction drawings or engineering plans for the infrastructure for the project, the phasing of construction of the project and any other aspects of the project requiring further review. The Town Board shall delegate the further review and approval of the final site plan and other associated drawings to the Planning Board with specific instructions as to the scope of the Planning Board review.
Effect of decision. The Town Board decision to approve the PUD has the effect of amending the Zoning Map with respect to the property approved for the PUD so that the conditions, restrictions and terms of the PUD decision replace the zoning regulations for that PUD district. Such terms, conditions and restrictions run with the land and are enforceable by the Town in the same manner as any other zoning regulations and approval conditions so that all future owners, operators, managers and occupiers shall be subject to the same. Such approval and any of its terms, conditions and restrictions may only be amended or modified pursuant to an application for a PUD amendment which shall follow the procedures and guidelines set forth in this section. It is the intention of the PUD procedures that at the time of the Town Board's decision to approve the PUD and rezone the property as set forth above, the Town and the applicant has committed to the PUD in sufficient detail in which to review and administer the actual development of the PUD site pursuant to the terms, conditions and restrictions of the PUD approval.
PUD final site plan procedures.
Compliance with PUD approval. The final site plan review and approval process is to ensure that the planned construction and operation are in compliance with the PUD approval in respect to all of the development details.
Submission requirements. The applicant shall submit final plans, drawings and materials as defined by the Town Board as part of its PUD approval process. Generally, these will include construction drawings and details for either the first phase or entire project as well as such other information that is specified by the Town Board or the applicant during the PUD application process. The applicant shall submit such final site plan within six months of the PUD approval. The time for submission may be extended at the discretion of the Town Board.
Consultant fees. All applicants shall be required to pay to the Town a sum of money to reimburse it for fees paid by the Town to consulting planners, engineers, attorneys or other experts and/or professionals retained by the Town to review the applicant's plans, maps, studies, agreements, environmental assessment forms, environmental impact statements and all other papers and proceedings required by the Planning Board, Town Board or this chapter. A minimum of $5,000 shall be deposited into an escrow account established for the project. The Town Board and Planning Board have the authority to require a different sum be deposited. If at any time during the review of the project the escrow account balance falls below $2,500, the applicant shall immediately, upon notification of the Town, replenish the funds to balance identified by the Town Board or Planning Board. Should the applicant fail to replenish the account upon notification, no further action will be taken on the application until the required funds have been deposited with the Town. At the end of the project, any sums held in escrow that exceed the invoiced expenditures shall be promptly refunded to the applicant.
The Town Board will specify that the applicant shall submit either the site plan review fees pursuant to the fee schedule for site plan review or shall reimburse the costs of Town consultants for the final site plan review and inspection fees, if any.
First meeting. The Planning Board shall review the application materials submitted and make a determination as to whether the application is complete for commencement of the final site review process. In order for an applicant to be on the agenda of a special or regular Planning Board meeting, all application materials must be submitted at least 10 days prior to the next scheduled meeting.
Review process. The Planning Board shall review and approve, approve with modifications, or deny the final site plan and all of its components within 90 days of the complete submission. The applicant shall attend the meetings held on the final site plan. No public hearing is required but may be scheduled by the Planning Board in its discretion.
Phases. The final site plan may be reviewed and approved in phases pursuant to the standards set forth in the PUD approval.
Approval. The Planning Board shall approve the final site plan if the final site plan, for the entire project or a particular phase of the project, is in accordance with the PUD approval. Further reasonable conditions or modifications may be placed on the final site plan approval consistent with the PUD approval. Also, the Planning Board may approve minor changes to the site plan that are requested by the applicant, as necessary and/or appropriate, based on site conditions that are found subsequent to the PUD approval. Such minor changes may include the minor re-alignment of roads, infrastructure, and building sites and/or minor reduction in the number of residential units or commercial space. Any major modification or increase in residential units or commercial space will have to be referred to Town Board for its review and consent.
Filing of site plan. Once the final site plan is approved, it shall be endorsed by the Planning Board Chairman and filed with the Town Clerk within 60 days of the Planning Board approval.
Commencement of development. The construction and/or implementation of the PUD development shall not commence until the final site plan is approved, all conditions required to be satisfied prior to construction are satisfied, and all required performance bonds are in place.
§ 84-51 Infrastructure.
General. All infrastructure improvements required or proposed pursuant to a PUD approval shall be constructed and completed to the standards set forth in all applicable state and local laws, rules and regulations as well as the standards or specifications, if any, established by the Town of Johnstown. For purposes of this section the term infrastructure improvements includes all roads, stormwater and drainage facilities, water and sewer facilities, and any other aspect of a PUD for which an improvement will or is intended to benefit the public or the future occupants or users of the PUD. The construction or installation of any infrastructure improvement shall be completed pursuant to the schedule of construction for infrastructure that is approved by the Planning Board during the site plan review phase of the PUD approval. If no such schedule is approved by the Planning Board, all infrastructure must be completed within two years of the site plan approval.
Inspection fees. At least 10 days prior to commencing construction of required infrastructure improvements, the applicant shall pay to the Town Clerk the inspection fee required to reimburse the Town for the cost of inspecting the construction and installation of the infrastructure improvements. Such fee shall be set during the site plan review phase of the PUD approval process. The applicant shall also notify the Town of the date and time when construction of infrastructure improvements is to commence by submitting written notification to the Town Clerk and Highway Superintendent at least seven days before such commencement. The Town shall cause inspections to be made to insure that all applicable specifications and requirements are met in the construction and installation of such infrastructure improvements as required by the Planning Board or the Town Board during the PUD approval process.
Completion or required financial security. All infrastructure improvements must be either completed prior to final site plan approval or must be subject to financial security as a condition of final approval in an amount sufficient to guarantee the installation of the infrastructure improvements. Acceptable financial security shall be provided to the Town in an amount equal to the cost of construction of the infrastructure improvements plus all necessary costs and expenses that may be incurred or expended by the Town in causing any all such work to be completed in one of the following ways:
By a bond executed by a highly rated security company acceptable to the Town in a form acceptable to the Town Attorney; or
The applicant shall present a certified check to the Town Clerk; or
The applicant shall present an irrevocable letter of credit payable to the Town in a form acceptable to the Town to be reviewed annually.
Review and acceptance of financial security. For each of the options set forth in Subsection C above, the amount of the estimated construction costs shall be certified by a New York State licensed professional engineer. The proposed financial guarantee shall be reviewed by the Planning Board and its consultants for financial adequacy as a guarantee of construction and reasonable performance during any proposed period of construction. The Planning Board and the Town Attorney (or legal counsel retained by the Town for such purpose) shall jointly review the guarantee for sufficiency of form and execution and for the soundness of the financial guarantee offered by the applicant.
Schedule of improvements. Prior to or simultaneous with the negotiation and acceptance of the financial guarantee, the applicant shall provide and the Planning Board shall review and approve a written schedule for the construction, installation and completion for all required and proposed infrastructure improvements as part of the final site plan process. Such schedule shall also include the estimated cost of construction and installation for each improvement. Whenever feasible, costs and schedule of completion shall be organized by logical phases of work completion in order to facilitate the partial release of financial security held by the Town to the applicant as work is satisfactorily completed. There shall be at least a ninety-day period between the completion date of all improvements and the expiration date of any bond, deposit of money, or letter of credit. Said ninety-day period shall give the Town the opportunity to collect the financial performance guarantee so that it will be able to complete the necessary improvements in case a) the developer is unable to do so; and/or b) the Planning Board denies any requests for an extension of time. Failure to complete all improvements within the time allotted shall cause the Planning Board a) to draw upon the financial performance guarantee in order to complete the Improvements; and/or b) schedule a public hearing in coordination with the Town Board in order to rescind related previous approvals or extend the completion date.
Stage release of guarantees. At such times as the applicant wishes to have guarantee funds released in consideration of work performed and accepted, the applicant shall cause to be prepared an accurate statement of the work performed and accepted as of a given date together with a proposed amount to be released from the financial guarantee provided by the applicant. This statement shall follow the schedule of improvements as set forth in Subsection E above. The applicant shall submit such statement to the Planning Board for review and approval. The Planning Board may request review and comment from the Town Board or any of its consultants that it believes is appropriate to determine the accuracy of the statement. The Code Enforcement Officer, Engineer, or other official designated by the Town must also provide, in writing, proof that pursuant to inspections made, the improvement has been satisfactorily completed pursuant to the approved project plans. Once approved by the Planning Board, the Planning Board may direct the appropriate Town official to notify, in writing, the security company or financial institution having custody of the guarantee funds to release to the applicant the approved amount of those funds.
Modification of required improvements. If, at any time before or during the construction of the required improvements as set forth in the Town Board approved PUD, it is demonstrated to the satisfaction of both the Town Board and Planning Board that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Board shall, upon approval by the Planning Board, authorize modifications to the PUD approval. If such modification affects the scope of work covered by a performance bond, any agreement to modify the required improvements by the Town Board and Planning Board shall be contingent upon receipt by the third-party guarantor a written statement that the third-party guarantor agrees to the proposed modification of the required improvements and that such modification shall not relieve or affect the liability of the third-party guarantor.
Extension of bond. The time period specified for the completion of all required improvements, as set forth in the financial guarantee, may be extended only by resolution of the Planning Board upon request in writing by the applicant, setting forth in detail the amount of work which has been completed, reasons for failure to complete the remainder of the work within the specified period, the maximum estimated time required to complete the remainder of the work and the time period extension which is requested. The Planning Board resolution agreeing to an extension shall be affixed to the financial guarantee. In the case of a performance bond, such an agreement for an extension shall not be effective until the third-party guarantor delivers to the Planning Board a written statement that the third-party guarantor agrees to the proposed alteration of the completion schedule and that such alteration shall not relieve or affect the liability of the third-party guarantor.
Acceptance of public infrastructure improvements. When any infrastructure or other aspect of the PUD is to be offered for dedication to the Town as a public improvement, and the Town's project inspector, following final inspection of the completion of that improvement and the PUD project, the Town Board may act by resolution to accept dedication of the public improvements.
Maintenance guarantee. Upon acceptance of required public improvements or upon certification that infrastructure improvements have been satisfactorily completed, the Town may require the establishment of a maintenance guarantee. All such guarantees shall be for a minimum of 10% of the financial guarantee originally required by the applicant or such amount required by the Town to sufficiently ensure that the improvements will be adequately maintained for the period specified by the Planning Board. The maintenance guarantee shall be provided by one of the methods set forth in Subsection C above and reviewed and accepted pursuant to Subsection D above. All maintenance guarantees shall commence immediately upon acceptance of the public improvements or upon certification of completion of all other infrastructure improvements and be in place prior to release of the previous performance guarantees.
§ 84-53 Development design standards and guidelines.
Intent. The design standards and guidelines contained herein are intended to promote high quality development and public spaces in Planned Unit Developments. Likewise, these standards and guidelines are recommended for incorporation into the design of other developments in the Town. Future development should promote the substantive public benefits from traditional public spaces, as envisioned by the design standards herein. The Town recognizes that the cumulative application of these standards will provide more public benefit than may be realized by selectively applying certain standards and guidelines. The purpose of these standards is to realize the following:
To promote and foster distinctive destinations while reducing the sameness in appearance of commercial and retail development associated with minimum or no public design control;
To promote the use of designs and materials that traditionally characterized Town development in the Town of Johnstown;
To realize developments that avoid excessive competition for public attention through the use of dominant signage, excessive site lighting, and other means of attracting customer attention;
To promote high quality architectural and community design;
To ensure an attractive and enduring development;
To promote development of commercial areas that would benefit from a coherent and traditional design, and thereby enhance and promote the Town;
To foster a viable pedestrian experience that sustains a mix of uses;
To promote residential development that may take special advantage of nearby retail and commercial services, residential uses, golf courses, and open space recreation.
Applicability. Standards contained herein are required to be met for projects subject to this section, and are denoted by use of the term "shall." Guidelines are strongly encouraged, however are not required to be met. All references to figures and illustrations in this section are contained in Appendix D.
Building placement.
Intent. Standards for building arrangements draw from traditional ideas about community design, primarily the model of design typified by American main streets. (Please refer to Figures A and B of Appendix D)
Design standards.
The following building setback distances shall be adhered to:
Ten feet along major roadways;
Fifteen feet along minor/internal roadways;
Setbacks of up to 20 feet are allowed, only if the setback space is for public use. Such use may include, among others, space for outdoor eating, benches, and temporary retail sales.
The Planning Board may increase setbacks upon request by the applicant and for purposes of improving lines of sight for vehicular traffic. Increased setbacks may not exceed 20 feet.
All roadways shall have sidewalks that provide safe access within and to the site.
Zero foot side yard setbacks (party walls) are an encouraged building practice.
Building frontages shall occupy not less than 70% of the fronting lot line. Building frontage shall mean the length of a front building facade expressed as a percentage of the lot line along said facade. Building frontages in excess of 200 feet are encouraged to be punctuated by access points, facade changes, or other similar breaks in the visual continuity of a facade.
Primary facade and primary entrances shall face and be setback from the primary street. Secondary entrances are encouraged for parking lots arranged to the side and rear of buildings.
Buildings facades and other site improvements shall be oriented parallel or perpendicular to public sidewalks and roadways.
Smaller turning radii are encouraged to slow traffic speeds at the site. Buildings abutting major intersections may be setback up to an additional 10 feet, to the degree that such setbacks provide meaningful improvements in traffic lines of sight.
Access points that serve multiple buildings or tenants should be reduced to limit curb cuts and the creation of conflict points with pedestrians.
Internal and access roads should be interconnected and laid out in walkable blocks.
Culs-de-sac and dead end streets shall be prohibited, unless the configuration of the lot prohibits strict compliance with this requirement.
Public off-street parking.
Intent. The following standards promote traditional design by reversing the conventional placement of parking that characterizes suburban style retail centers. By bringing buildings to the front of the site and parking to the rear, this restores the emphasis on walkability, emphasizes human-scale architecture, and improves aesthetics by reducing the severe visual effect of expansive parking lots. (Please refer to Figure C of Appendix D)
Design standards.
Off-street parking shall be at the rear of buildings. If more is necessary, the side of the building may be used.
On-site landscaping fencing are encouraged and constructed of durable materials, such as wrought iron or brick.
Planting medians should be designed to promote pedestrian safety, facilitate vehicle circulation, and to lessen the harsh visual impacts of a not landscaped parking lot.
On-street parking.
Intent. On-street parking is promoted to encourage a pedestrian oriented street environment. By dedicating space for the safe mixing of traffic, parking, and pedestrians, a shared sense of 'ownership' between people and cars is created. (Please refer to Figure D of Appendix D)
Design standards.
On-street parking is recommended for secondary streets, side streets, and internal streets.
A combination of landscaping, signage, painted parking lines, and curbing should be used to signify appropriate sites for on-street parking.
To enhance pedestrian safety at crossings, On-street parking shall be defined at intersections by "bulbing out" the sidewalk area, to provide enhanced pedestrian crossings.[1]
[1]
Editor's Note: Former Subsection E.2.d., which immediately followed this subsection, was repealed 6-18-2018 by L.L. No. 1-2018.
Screening and buffers.
Intent. Buffers dampen the impacts of light and sound between incompatible uses. A variety of techniques can be used that are both functional and aesthetically sensible. (Please refer to Figure E of Appendix D)
Design standards.
Landscape buffers shall be used between off-site residential and on-site commercial areas. Buffers may include plantings of various heights, widths, berms, and fences.
Screening shall provide a vertical barrier and shall be designed to block visual or noise impact to the maximum extent practicable.
Parking lots and service areas shall be adequately screened with landscaping materials.
Signage.
Intent. The following standards shall supplement existing Town regulations. Where there are competing requirements, the more restrictive shall prevail. (Please refer to Figure F of Appendix D)
Design standards.
The signs in the Planned Unit Development shall be limited to the following: wall signs, freestanding, window, permanent changeable sign copy signs, special sales, and sandwich boards.
Freestanding signs shall be designed as a monument sign.
Monument sign shall mean a freestanding sign where the base of the sign structure is permanently constructed into the grade and is typically integrated into the landscaping of the site. The width of the top of the sign structure shall be no more than 100% of width of the at-grade portion of the sign.
Freestanding sign dimensions shall be no larger than eight feet in height or four feet in width.
Square footage of on-premise signs shall be no greater than 150 square feet or no more than 10% per business facade, whichever is less.
A total of four window signs is allowed for each independent business. Such signage shall not exceed 30% of total first-floor window area.
Site lighting.
Intent. The size, height, and style of the lamp along with the kind of lighting can signify places of importance and points of access. Human-scaled dimensions help to reinforce the sense that the place was designed for pedestrian activity. (Please refer to Figure G of Appendix D)
Design standards.
All exterior lights are to be arranged and installed so that the direct or reflected illumination does not adversely spill into any adjoining property;
Signs shall not be backlit;
Pedestrian lighting shall not exceed 12 feet in height;
Area lighting shall not exceed 18 feet or two feet lower than building height, which ever is lower;
Preferred order of light type shall be, with most preferred first: high-pressure sodium, metal halide, low-pressure sodium.
Flashing lights or rotating sign are prohibited.
Sidewalks and public spaces.
Intent. Sidewalks form the backbone of any pedestrian-friendly community and are integral to building community. In order for sidewalks to be functional they must provide many of the same functions of roadways. They must link destinations people want and need to go to. They must be safe, with special attention given to children. Also, they must be easy to travel upon and navigate.
Design standards.
Sidewalks shall be constructed of brick, concrete or stone pavers.
Sidewalks shall be a minimum width of eight feet.
Sidewalk connections to other neighborhoods shall be a minimum width of five feet with a planting strip between the sidewalk and the curb that shall be a minimum width of four feet.
Sidewalk paving shall continue across parking lots, driveways, and other vehicle access points in order to signify priority to pedestrian right-of-way.
New sidewalks should connect to adjacent properties.
Where no planting strip is present, street trees shall be planted between the curb and build-to line. Plantings shall consist of one large deciduous tree for every 35 feet of linear road frontage. Spacing shall be even, except where access points prevent this.
Tree plantings in the sidewalk should be covered with a metal grate.
Architectural design - proportion.
Intent. Building proportion and scale are important for creating a cohesive streetscape that evokes traditional town-center design. A streetscape punctuated by out of scale buildings may create visual gaps or disrupt the rhythm of activity along the street. A coherent building scale provides continuity and may evoke the sense of commercial purpose found in the American Main Street model. Buildings that are too tall can create a canyon effect or result in large blank surfaces. Buildings that are too small will not support the level of activity to sustain a traditional commercial streetscape. Within the framework provided by these standards, variations in building height and architectural detail are encouraged. (Please refer to Figure H of Appendix D)
Design standards.
Buildings shall promote a pedestrian friendly environment. Building proportions within a block should strive for a distinct and coherent rhythm, such as taller buildings anchoring a block corner or consistency in the number of levels of new buildings.
A pedestrian orientated scale and environment at the street level shall be implemented; whereas a distinct differentiation may be evident between a building's upper levels and its first level.
New building construction shall be a minimum of two stories and shall not exceed four stories in order to provide a coherent built environment that promotes main-street community character and that protects the substantial investment of public and private resources into creating said character.
First floor should be a minimum of 12 feet high.
Maximum building height shall not exceed 50 feet, as measured from the average grade elevation to the roof surface, excluding rooftop specialty equipment, parapets, and similar architectural features.
Roof.
Intent. A roof style as viewed from the street is an important feature in promoting traditional style. (Please refer to Figure I of Appendix D)
Design standards.
Pitched and flat roofs are both permitted.
Flat roofs are to incorporate a parapet along facades facing any public street, including architectural cornice detailing. Plain parapets will be prohibited.
Pitched roofs will complement the overall style and scale of the building. Materials for pitched roofs shall avoid having a reflective finish and incorporate a color that complements the overall character of the building. Pitched roofs shall take measures to ensure that falling snow, ice or rain do not create pedestrian hazards.
Fenestration and facades.
Intent. Fenestration refers to the placement and pattern of windows along a face of a building. They not only provide a source of natural light to the buildings inhabitants and employees, they also provide transparency between activities inside and outside of the building. They allow more "eyes on the street" for safety purposes and allow customers and visitors to inspect street-side businesses and retailers. (Please refer to Figure J of Appendix D)
Design standards.
Building facades should be broken down into smaller distinct portions suitable for pedestrian scale.
Between each building entrance, one or more architectural elements should be used to break up the facade.
The ground floor level shall provide the greatest amount of facade opening and articulation.
Floor to ceiling windows are strongly encouraged. Windows shall not be mounted flush to the exterior of the facade.
Blank, windowless walls facing sidewalks, streets, and other public spaces are prohibited.
The upper floors shall use a decreasing percentage of facade opening to reinforce a "base," "middle," and "top" facade pattern. The use of depth is encouraged to highlight facade openings such as windows.
The openings in the facade shall be framed in a lintel or arch (and a sill at the bottom for windows) which is visible to the observer.
Pairs of window shutters may be used, but shall be used consistently and should appear to actually cover the entire window opening when closed.
Architectural design - awnings and canopies.
Intent. Awnings and canopies can soften an otherwise stiff streetscape and their use is encouraged. They should promote a coherent streetscape and avoid escalating competition for consumer attention. (Please refer to Figure K of Appendix D)
Design standards.
Awnings and canopies are not required components of building design, however, their use is strongly encouraged on facades that face public streets.
Awnings and canopies should be canvas. Plastic, metal and wood awnings are not permissible.
Color schemes should be consistent with the overall building color palette.
Retractable awnings are permitted.
Awnings to which signs may be attached must be fastened to the facade of the building and not supported from the ground.
Specialty equipment.
Intent. Specialty equipment can be incorporated into traditional designs with the use of simple screening techniques. (Please refer to Figure L of Appendix D)
Design standards.
Rooftop mechanical equipment, such as HVAC, satellite dishes, antennas and other equipment shall be screened from public view. This may be achieved through the use of architecturally compatible materials that are integral to the overall building design.
Landscaping, natural material walls and fencing or other design treatments compatible with the principle structure will be used to screen from public view any ground level mechanical and service equipment such as air conditioning equipment and utility boxes.
Wireless cellular telecommunications equipment and antennas shall be administratively approved uses, consistent with Town regulations governing Wireless Communications Towers (Article VI). Such equipment and antennas shall be located on existing or proposed buildings and considered an accessory use. The equipment shall be screened and/or in a muted color which is consistent with the overall building color palette. Stand-alone towers would be prohibited and co-location would be required. The following height restrictions shall supersede applicable height and placement restrictions set forth in Article XVIII[2] for administratively approved uses, but not in contravention of applicable state and federal regulations: No equipment shall project above the base of a parapet or roofline of an existing or proposed building.
[2]
Editor's Note: So in original.
Architecture design - materials and colors.
Intent. Excessive variation in construction materials can result in a visually jumbled streetscape. However, some variation is welcomed and encouraged in order to create visually interesting buildings and architecture. Materials and colors should mimic traditional building materials and be relatively maintenance free.
Design standards.
The quality of exterior materials shall be sufficiently durable to guarantee low maintenance, stability, and a reasonable life span. Red brick, special masonry units, natural stone and wood are preferred materials. Other acceptable materials may include materials that are consistent with emerging technologies that simulate natural materials. Unacceptable facade materials include beige brick, plain (bare) masonry units, vinyl siding, and metal siding.
Vinyl, glass, or metal enclosure of structures and buildings are prohibited.
Trims are encouraged and may consist of finished grade painted or stained wood rather than bare, lumber grade, wood.
Windows may have anodized aluminum or wood frame. Bare aluminum frames are prohibited.
Building colors shall be compatible with the traditional building colors in the region.
Fluorescent exterior colors may not be used.
Preferred natural materials include wood, stone, stone veneer, red common brick, nonpanelized metal, and smooth or patterned block.