Liberty Town City Zoning Code
ARTICLE VII
Moderate- to High-Density Residential and Associated Development
§ 147-21 Cluster developments.
A.
Authority and procedures. Developments which provide for single-family dwelling units and permitted accessory uses, wherein dwelling units are grouped in sections in order to maximize the amount of common open space and to preserve the natural settings, shall be designated as cluster developments. Such proposed developments shall be subject to site plan review and the Town of Liberty Planning Board shall have the authority, as provided in § 278 of the New York State Town Law, to approve or deny plans for cluster developments in AC, RD, RH or RS Districts in accord with the standards contained herein and in the Town of Liberty Subdivision Regulations. The Planning Board may require plans to be submitted as cluster developments in accordance with § 278 of the New York State Town Law.
[Amended 8-20-2018 by L.L. No. 1-2018]
B.
Minimum size. Cluster developments shall include at least 10 dwelling units and 10 acres of land.
D.
Types of dwellings units permitted. Only single-family detached dwellings shall be clustered. All other dwelling types shall be considered multiple dwellings and be subject to the standards of § 147-22 of this article.
E.
Development standards. Development standards for lot size, lot width and lot depth normally applicable within the district where clustering is proposed may, for the purpose of clustering, be reduced by the Planning Board to 1/2 the normal requirement provided no dwelling structure is located on less than 30,000 square feet of land where on-site sewer and water facilities are to be provided or 7,500 square feet of land where off-site sewer and water facilities are to be provided; and further provided the total density (in individual dwelling units) for the tract shall not exceed the requirements of Subsection C above.
F.
Open space standards. No individual parcel of common open space shall be less than one acre except as to roadway median strips, traffic islands, walkways, courtyards, play areas, recreation facilities, streams, and drainage ways leading directly to streams, historic sites or unique natural features requiring common ownership protection. At least 50% of the common open space shall be usable for active recreational activities and shall not include wetlands, floodplain or slopes over 25% in grade.
G.
Maintenance of open space. The open space resulting from clustering of dwelling units shall be titled to a property owners' or homeowners' association (POA) prior to the sale of any lots or dwelling units by the developer. Membership shall be mandatory for each property owner within the development and successive owners with voting of one vote per lot or unit and the developer's control, therefore, passing to the individual lot/unit owners on sale of a majority of the lots or units. All restrictions on the ownership, use and maintenance of common open space shall be permanent and the POA shall be responsible for liability insurance, local taxes, and maintenance of all open space, recreational facilities and other commonly held amenities. Each property owner must be required to pay their proportionate share of the POA's cost and the POA must be able to file liens on the lot/unit owner's property if levied assessments are not paid. The POA must also have the ability to adjust the assessment to meet changing needs.
§ 147-22 Multiple dwellings.
A.
Procedure.
(1)
Multiple dwelling projects shall be special uses subject to the provisions of this chapter and shall also be considered major subdivisions subject to the jurisdictions of the Town of Liberty Subdivision Regulations. This "major subdivision" classification shall apply to all subdivision of property in connection with the development, regardless of whether or not the same are connected with building development or conveyance of land or buildings involved, and the approvals required shall be requested and acted upon concurrently as one subdivision. Application for preliminary approval of multiple-family dwelling projects, accordingly, will be made to the Town of Liberty Planning Board in the manner provided under § 130-13 of the Subdivision Regulations. The developer shall also submit all information required by § 130-13 of said Regulations, plus the following additional information.
(a)
An application for multiple dwelling special use approval on a form to be supplied by the Town or, in the absence of such form, by a letter or brief from the developer or his or her representative indicating how the development will specifically comply with or meet the special use and site plan review criteria contained in this chapter.
(b)
A proposed lot plan showing the approximate (generally within five feet) location of all buildings and improvements including parking areas, planting strips (if any), signs, storm drainage facilities, water supply and distribution system, sewage treatment and collection systems and the specific areas provided as open space in connection with the requirements of this chapter. Building layouts, floor plans and profiles shall also be provided indicating building dimensions, numbers and size of units, common ownership or use areas (apart from the open space referenced below), lighting and such other information as shall be required to determine compliance with the design standards contained herein and any other building standards which may be applicable in the Town of Liberty. Setbacks from property lines, improvements and other buildings shall also be indicated.
(c)
A schedule or plan, and proposed agreement(s) either with the Town of a property owners' association (POA) for the purpose of dedicating, in perpetuity, the exclusive use and/or ownership of the recreation area and open space required by this chapter to the prospective dwelling owners or occupants. Such agreement may be incorporated in the applicant's proposed covenants and restrictions, but shall in any event, provide to the satisfaction of the Town that maintenance and use of the property, regardless of ownership, be restricted to either activities intended for the sole benefit of the occupants of the particular project proposed or permanent open space as hereinafter provided. If a POA is to be established, and one shall be required if any property is to be held in common, such POA shall be organized in the manner provided for cluster development.
(d)
A completed building permit application on forms to be supplied by the Town. A copy of the completed application shall be also filed with the Code Enforcement Officer, who shall collect any fees connected with that application at the time the special use is granted.
(2)
The application package shall be processed on a schedule identical with requirements for review and approval of other preliminary plans under the Subdivision Regulations. The Town Planning Board, before taking action, shall also hold a public hearing pursuant to the requirements of the Subdivision Regulations.
(3)
The Planning Board shall act on the preliminary plan and special use building permit application concurrently, making the preliminary plan approval, if one shall be given, subject to approval by the New York State Department of Health if the same shall be required. No building permit shall be issued to the applicant, however, until all conditions attached to the approval of any preliminary plan shall have been satisfied and nothing herein shall be construed as permitting the issuance of a building permit prior to preliminary approval. This requirement notwithstanding, the special use building permit application shall be made with the preliminary plan and shall, if granted, be valid for a period equal to that for preliminary plan approval. If the preliminary plan shall be rejected, no special use building permit shall be granted.
(4)
Following preliminary plan approval, the developer shall provide for the installation of required or proposed improvements including but not limited to streets, parking areas, storm drainage facilities, recreational facilities and lighting. Building improvements shall similarly be completed or guaranteed prior to the applicant's request for final approval. No certificate of occupancy, however, shall be issued until such time as final plan approval shall have been granted in accordance with the procedures and informational requirements of § 130-13 of the Subdivision Regulations, and buildings have been completed and inspected by the Code Enforcement Officer.
(5)
Complete final building plans shall also be submitted as part of the final plan application.
(6)
No person shall sell, transfer or lease any land and/or buildings or interests in the individual dwelling units to be created, or erect any building thereon except in accord with the provisions of this section, unless and until final plan approval shall have been granted and the Plan has been recorded in the County Clerk's Office. However, final plan approval may be granted if a guarantee for improvements is provided to the satisfaction of the Town pursuant to the applicable provisions of the Subdivision Regulations. Nothing herein shall preclude agreements of sale or the taking of deposits consistent with New York State law.
B.
Density. Multiple dwelling density shall not exceed the number of dwelling units per acre which would be permitted within the district if the parcel on which the units are to be constructed were to be developed for single-family residential use, or four dwelling units per acre, whichever is less. Density shall be calculated by taking the total acreage of the development, deducting the following acreages:
(1)
Land contained within public rights-of-way;
(2)
Land contained within the rights-of-way of existing or proposed private streets (where formal rights-of-way are not involved the width of the street shall be assumed as 50 feet wide); and
(3)
Land contained within the boundaries of easements previously granted to public utility corporations providing electrical or telephone service; and dividing by the number of proposed units.
C.
Open space. All areas of a multiple dwelling development not occupied by buildings and required or proposed improvements shall remain as either permanent open space, or recreation area to be used for the sole benefit and enjoyment of the residents of the particular units being proposed. These areas shall be subject to the following regulations:
(1)
Recreation areas for residents shall be immediately adjacent (part of the same parcel and contiguous) to the proposed units and freely and safely accessible to all residents of the development and shall not be used to fulfill open space requirements or provide recreational areas for residents of other units. No less than 50% of the land unoccupied by buildings and improvements shall be dedicated to recreational area for the sole benefit and enjoyment of the residents of the particular units proposed.
(2)
Land designated as permanent open space need not meet the above criteria but shall be maintained as such and may not be sold separately, used to meet open space or recreation area requirements for other developments, subdivided or developed, it being understood that no previously platted lots in any development shall be included as open space.
(3)
All permanent open space and recreation areas shall be maintained so that their use and enjoyment for intended purposes are not diminished or destroyed.
(a)
Such areas may be owned, preserved and maintained by either one or both of the following mechanisms:
[1]
Dedication to a property owners' association which assumes full responsibility for maintenance of the open space.
[2]
Deed-restricted private ownership which shall prevent development of the open space, provide for its maintenance and protect the rights of owners or occupants of dwelling units to use and enjoy, in perpetuity, such portions of the open space as shall have been dedicated to recreation area for the project. This is intended to allow the owner/developer to retain ownership and use of a portion of the property (for heating, fishing, etc.) provided the performance of the open space is guaranteed.
(b)
Whichever mechanism(s) may be used, the developer shall provide, to the satisfaction of the Town and prior to the granting of any final plan approval, for the perpetual maintenance of the open space and also the use and enjoyment of the recreation area by residents of the units being approved. No lots shall be sold nor shall any building be occupied until and unless such arrangements or agreements have been finalized and recorded.
(4)
At least 50% of the designated recreation area shall be usable for active recreational activities and shall not include swamps, quarries, slopes over 24% in grade, or acreage used for improvements. Storm drainage facilities are considered improvements and sewage effluent disposal areas shall be excluded.
D.
Water and sewage. All multiple dwelling developments shall be served with off-site sewage facilities and water supplies (as defined in the Town Subdivision Regulations). Effluent disposal areas shall be subject to the setback requirements applicable to other multiple dwelling buildings and improvements.
E.
Design criteria. The following design criteria shall apply to multiple dwelling developments.
(1)
There shall be no more than 10 dwellings in each multiple dwelling building.
(2)
No structure shall be constructed within 50 feet of the edge of any road to or through the development.
(3)
Roads shall comply with minor street requirements as specified in the Subdivision Regulations and no parking space shall be designed such that a vehicle would be backing or driving out onto a through road. Instead, there shall be a defined entrance and exit to and from each parking area.
(4)
No multiple dwelling development shall be served by more than one entrance and one exit from any public highway.
(5)
Parking shall comply with the standards of this chapter excepting that in addition to the normal required spaces per unit there shall be specifically provided, for every two units intended for rental or other transient occupancy, one additional space to accommodate parking needs during sales and other peak visitation periods.
(6)
No more than 60 parking spaces shall be provided in one lot, nor more than 15 in a continuous row without being interrupted by landscaping. All off-street parking shall be adequately lighted and also arranged as to direct light away from residence.
(7)
No structure shall be erected within a distance equal to its own height of any other structure.
(8)
All multiple dwelling structures shall be a minimum of 75 feet from any of the exterior property or boundary lines of the particular project involved and 50 feet from any public right-of-way.
(9)
Where a property line is not wooded, a planting strip of up to 50 feet in width or privacy fence may be required to buffer adjoining property owners and ensure privacy. A landscaping plan shall be prepared and approved by the Town.
(10)
Storm drainage facilities shall be designed to accommodate storms of a ten-year frequency unless a more stringent standard shall be required by the Town Engineer. The general performance standard shall be that the amount of uncontrolled stormwater leaving the site along any property line after development shall not exceed that estimated for the site prior to development. In instances where stormwater facilities are impractical for engineering reasons, the Planning Board may modify this standard as it applies to a particular project but shall provide for the maximum practical reduction in flow which can be achieved under the circumstances. The developer shall provide full information, prepared by a registered professional engineer or licensed land surveyor, regarding the predeveloped stormwater flows and estimates at the time of application.
F.
Nonresidential use. Nonresidential uses shall not be permitted in a multiple dwelling development unless planned as part of a planned unit development. This, however, shall not preclude such ancillary facilities as laundry areas, service buildings, recreational facilities, and the like. Where a developer proposes nonresidential uses (other than open space uses) there shall be a minimum setback of the multiple dwelling structures from such uses of 200 feet and the parcels shall be clearly segregated.
G.
Conversions of existing structures. Conversions of motels, hotels or other existing structures to multiple dwelling projects of six or more units, regardless of whether such conversions involve structural alterations, shall be considered subdivisions and, moreover, be subject to the provisions of this section. If the proposed project does involve structural alterations, the preliminary plan shall include a certification of a registered architect or engineer to the effect that the existing building is structurally sound, the proposed conversion will not impair structural soundness and existing water and sewage disposal systems, are adequate or can be modified to meet the new demands place on them.
§ 147-23 Planned unit development districts.
[Amended 5-2-2005 by L.L. No. 6-2005; 6-19-2006 by L.L. No. 6-2006]
A.
The purpose of a planned unit development (PUD) district is to foster excellence in neighborhood design and further the goals and objectives of the Town of Liberty Comprehensive Plan. These "floating districts" promote creative site layout and architectural design and secure the advantages of large-scale site planning for residential, commercial or professional office developments, or certain combinations thereof. The flexibility granted to projects in a PUD District comes with a commitment to include features beneficial to the entire community, features not normally required of traditional developments. Achieving such objectives requires in-depth scrutiny by both the Town Board and Town Planning Board during the development of the PUD proposal. Therefore, more information is required about the project than would be required if development were being pursued under conventional zoning. The discretion of the Town Board regarding density of use, or even as to whether to approve or deny a PUD application, shall be absolute. This is consistent with the Town Board's inherent power to rezone.
B.
Type of PUD. Applicants applying for PUD shall apply under one of the two following alternatives:
(1)
Large-scale PUD (LSPUD).
(a)
Minimum size: 150 contiguous acres.
[Amended 2-3-2020 by L.L. No. 2-2020]
(b)
Maximum size: no maximum size.
(c)
Requires phasing plan. All phases shall be illustrated in a phasing development map and numbered in the expected order of development.
(d)
Rezoning granted under the large-scale PUD process has a twenty-three-year duration. The Town Board may revoke undeveloped sections of a LSPUD after 23 years. Periodic reviews shall be completed as provided herein.
C.
Authorized uses within PUD.
(1)
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 section. The specific uses to be allowed in the PUD shall be approved by the Planning Board. The general categories of allowable uses that may be permitted in any PUD are as follows:
(a)
Commercial (including retail products and services, excluding wholesale).
(b)
Offices (business or professional, excluding large-scale medical clinics).
(c)
Single-family dwellings.
(d)
Multifamily dwellings (including apartments and townhouses).
(e)
Age-restricted, assisted living and skilled care facilities.
(f)
Public and/or private recreational facilities (outdoor or indoor).
[Amended 12-16-2013 by L.L. No. 5-2013]
(h)
Mixed uses (including any combination of above uses).
(2)
The proposed PUD shall have an appropriate ratio of mixed uses that are 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 Planning Board and Town Board as part of the approval process.
D.
Development density, open space and common recreation facilities.
(1)
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 by the Planning Board and Town Board as part of the final approval process. Maximum density shall be based upon the degree to which the planned unit development preserves significant natural features and open space (i.e., wetlands, waterways and steep slopes) and provides recreational amenities (i.e., active and passive recreational facilities, including nature trails, bicycle paths, sitting areas, parks and playgrounds). Based on gross acreage, without offset for environmental limitations, the following specifies the maximum allowed increased density over underlying zoning:
Percentage of PUD Preserved as Open Space or Community Recreation | Density Multiplier | |
|---|---|---|
Less than 25% | 1.10 | |
25% to 39% | 1.25 | |
40% to 49% | 1.35 | |
50% + | 1.50 |
(2)
Alternatively, the Town Board also may agree to accept a contribution of $2,500 for each additional housing unit proposed over that permitted by the underlying zoning. This monetary contribution is a substitute for the provision of a portion of the required open space or community recreation on-site, provided that no less than 25% of the PUD is devoted to on-site open space or community recreation. Proceeds will be deposited into a recreation fund for community park and recreation facility improvements.
(3)
Creative integration of open space and recreational amenities into the PUD design is required. Connections to surrounding parks and open space through a coordinated trail system shall be made to the maximum extent practicable. Open space shall be usable for recreation purposes or provide visual, aesthetic, or environmental amenities, and may not be occupied by streets, drives, dependent parking areas or structures other than recreational dependent structures.
E.
Age-restricted housing density bonus. A density bonus for age-restricted housing has been established to offer a land-use-based option to facilitate the economic feasibility of age-restricted housing development. The bonus provides the developer a density bonus of 5% above that which is provided for open space and of community recreation and is held specific to the parcel(s) for which the age-restricted housing is being proposed.
F.
Development standards and guidelines.
(1)
Unified control. No application for a PUD shall be accepted or approved unless all of the property included in the application is under unified ownership and/or control by the applicant, or if the applicant has a legally binding contract with the property owner to transfer ownership upon approval of the PUD.
(2)
Preservation of natural features. Significant natural features of any PUD shall be preserved whenever possible for purposes of buffering new development, preserving the character of neighborhoods, protecting critical environmental resources and providing for stormwater management.
(3)
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 into the design.
(4)
Integrated architectural design. The PUD plan of development shall integrate the design of buildings, structures, landscaping, infrastructure facilities and common areas into cohesive units of development.
(5)
Pedestrian system. The PUD shall provide for an internal system of pedestrian circulation using sidewalks and trails, with connections to adjoining properties or systems where feasible.
(6)
Streets. The PUD shall provide for a vehicular circulation plan that can safely accommodate current traffic volumes, as well as those generated by the PUD. Access points shall be designed to provide for smooth flow, controlled turning movements and vehicular traffic safety.
(7)
Off-street parking and loading. The proposed development shall comply with the off-street parking and loading standards set forth herein, unless it is demonstrated that a deviation from those standards is warranted, and is specifically approved during the PUD approval process.
(8)
Utilities. Underground on-site utilities are required, including telephone, electric, cable, water distribution mains and sewer collection reaches.
(9)
Lighting. All lighting shall include full cut-off fixtures and be arranged so as to prevent direct glare or hazardous interference to adjoining streets, properties, or the night sky.
(10)
Ownership and maintenance. Subject to Town Board approval, the open space resulting from PUD design shall be permanently protected through a conservation easement and generally titled to a homeowners' association (HOA), or other form of ownership (such as municipal) prior to the sale of any lots or dwelling units in the PUD. If an HOA option is selected, then membership shall be mandatory for each property owner within the subdivision, and successive owners, with voting of one vote per lot or units and the developer's control of common amenities, therefore, assign to the individual lot/unit owners on sale of the majority of the lots or units. All restrictions on the ownership, use and maintenance of common open space shall be permanent and the HOA shall be responsible for liability insurance, local taxes, and maintenance of all open space, recreational facilities and other commonly-held amenities. Each property owner must be required to pay their proportionate share of the HOA's costs and the HOA must be able to file liens on the lot/unit owner's property if levied assessments are not paid. The HOA must have the ability to adjust the assessment to meet changing needs.
(11)
Development phasing. The development of a PUD may be proposed and approved in phases. A phasing plan shall be submitted to the Planning Board as part of the large-scale PUD application documents. The Planning Board shall have the authority to approve, with or without modifications and/or conditions, or deny the phasing plan based on the following standards:
(a)
Each phase, when completed, must be able to fully function on its own, or in conjunction with prior phases, without dependence on subsequent phases.
(b)
The infrastructure, as installed, shall be sufficient to accommodate each planned phase of development.
(c)
Each phase shall have an appropriate ratio of the various uses proposed for the development.
(12)
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 large-scale PUD, or the first phase if a phased large-scale PUD approved, shall commence 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 Planning Board may modify the time-period allowed for commencement of construction depending on the circumstances of each PUD.
G.
Procedure. The following provides further detail for each step in the PUD process outlined above:
(1)
Preapplication conference. Prior to the official submission of the application for a Planned Unit Development District, the landowner, or the landowner's agent, may meet with the Planning Board to discuss the proposed scope and nature of the contemplated development. While this is not required, it is strongly encouraged.
(2)
Sketch plan process. An application for a PUD approval starts with the submission and review of a sketch plan as set forth below. The applicant shall meet with the Town Board to discuss the proposed project and to reach an understanding on basic requirements prior to detailed design investment. If the Town Board determines the proposal does not merit further review because it does not meet the objectives of this chapter, then no further action on the application shall be taken. The Town Board may require the applicant to meet with staff or consultants to facilitate the submission of a complete and suitable application. Sketch plan submissions shall include the following:
(a)
A conceptual plan showing the parcel or parcels to be included in the PUD.
(b)
The location of the various uses and their areas.
(c)
Approximate location of significant natural and man-made features of land, such as waterways, wetlands, streets, easements and buildings.
(d)
Proposed layout of structures, roads, utilities and other features.
(e)
Current owners of parcel(s) to be included in PUD.
(f)
A written narrative or statement of what is proposed and the merits of such proposal. Said statement to be of sufficient detail and scope to provide a well-developed concept of the PUD and must include, at a minimum, the following:
[1]
Total number of acres proposed for the PUD.
[2]
Type of uses proposed and ratio of mixed uses.
[3]
Number of residential and commercial units.
[4]
Preliminary density calculations (dwelling units per acre).
[5]
An explanation of how the developer's particular mix of land uses meets existing community needs and goals.
[6]
A summary of the operation and ownership arrangements during development and post-development phases.
[7]
A summary of the infrastructure needed and/or available with respect to transportation, roads, water, and sewer, electric and telecommunications.
[8]
A general description of the provisions of other community facilities, such as schools, fire protection services and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.
[9]
Recreational facilities and/or amenities that will be included in the PUD plan.
[10]
General description of architectural, planning, and environmental design standards to be proposed as part of the PUD plan.
(3)
Sketch plan conference. The Town Board shall schedule a joint Town Board/Planning Board conference with the applicant within 45 days of the sketch plan submission. The applicant shall make a presentation at this joint Town Board/Planning Board conference describing the PUD proposal. The intent is to provide both the Town Board and the Planning Board with sufficient information on the proposal for each Board to decide whether the proposal has merit as a PUD and whether to allow the applicant to proceed to the next stage of review.
(4)
Planning Board action on sketch plan. The Town Board shall provide their opinion to the Planning Board, in writing, within 45 days. The Planning Board shall have 62 days from the date of the conference in which to make the preliminary determination as to whether the applicant may move on to next stage of the application process and submit a formal request for a PUD. The Planning Board may provide the applicant with direction regarding the content, design, allowed uses, ratio of mixed uses, project size and scope that the Board deems 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, or not acceptable to the Board so that the applicant has an understanding of what is expected in the net stage of review. Such preliminary determination should establish issued that must be addressed in PUD design, define acceptable uses, specify the supporting documentation required for submission, and specification of all involved agencies. If it is determined the sketch plan proposal does not have merit for further review as a PUD, the applicant may submit a revised proposal for another sketch plan conference but may not submit a formal PUD application.
(5)
Preliminary plan submission. The applicant shall submit 10 copies of the preliminary plan and application to the Planning Board at least four weeks prior to the meeting of the Board at which the application is to be heard. Each preliminary plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New York and shall bear the signature, seal, license number and telephone number of the said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor. Each submission shall include a preliminary plan drawn at a scale of not less than one inch equals 100 feet and the following additional information:
(a)
Certification that the applicant is the owner of the land or an authorized agent, or that the owner has given consent under an option agreement.
(b)
Certificate from the Town Tax Collector that all taxes and assessment have been paid to date.
(c)
A key map showing the entire tract and its relation to the surrounding areas.
(d)
Title block including the name of development, applicant contact information, identity of a landowner, written and graphic scales and the dates of preparation and revisions.
(e)
North arrow.
(f)
Approval signature block for Planning Board and Town Board.
(g)
Land area to the nearest tenth of an acre and computation of disturbed area.
(h)
The names and lot and block numbers of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax roll.
(i)
Existing section, block and lot numbers of the lots to be subdivided or developed.
(j)
Zoning district affecting the tract and within 200 feet thereof, including district names and requirements, and a comparison to the application.
(k)
Land use plan specifying residential land areas and indicating the acreage, density and the type of dwelling units proposed; nonresidential land areas indicating the acreage, square footage, and specific type of uses proposed; conceptual footprints of all proposed buildings with typical dimensions; approximate and maximum height of all proposed buildings; locations of parking areas and the estimated number of parking spaces; and general calculations of impervious surface coverings.
(l)
Housing plan indicating the number and type of housing units, as well as the form of ownership and any deed restrictions, as necessary, to be provided.
(m)
Open space and recreation plan indicating the general location of land areas to be devoted to open space, conservation, and recreational purposes, including a general description of the improvements proposed to be made thereon and a plan for the operation and maintenance of said land areas.
(n)
Environmental inventory including a general description of the waterways, wetlands, wildlife habitat, upland vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features and the probable impact of the development on the environmental resources of the site, both during construction and thereafter.
(o)
Traffic circulation plan showing the general location and types of transportation facilities, indicating all existing and proposed collector and local streets, and all proposed improvements to existing roads. The traffic circulation plan shall include daily and peak hour traffic volume projections, an assessment of the traffic impacts of the proposed development on the highway network and estimated levels of services before and after development, with or without traffic improvements.
(p)
Pedestrian circulation plan showing the general location and types of facilities for pedestrian access throughout the PUD, including both sidewalks and trails.
(q)
Utility plan indicating the general location of existing and proposed sewer and water lines, pump stations, water supply wells, sewage treatment plants and proposed methods for handling solid waste disposal. Additionally, tract connections to electric, gas, cable, and telephone facilities shall be generally indicated and a plan for the operations and maintenance of the proposed utilities shall be submitted.
(r)
Stormwater management plan indicating the proposed method of controlling surface water runoff, including design calculations for drainage improvements and proposed soil erosion and sediment control measures, both during construction and thereafter.
(s)
Community facilities plan indicating the scope and type of supporting community facilities to be provided.
(t)
Proposed phasing plan indicating areas to be developed in each phase and the priority of each. The eventual development of each phase should be related to the land use plan, the traffic circulation plan, the stormwater management plan and the utility plan to ensure the phasing plan is workable. It should also demonstrate a reasonable balance of the different components of the PUD exists at each phase of the project.
(u)
SEQR, Part I of the New York State Environmental Assessment Form (Long Form), or a draft environmental impact statement.
(v)
Draft PUD District amendment to the Tow of Liberty Zoning Law to accommodate the proposed PUD project.
(6)
Action by the Town of Liberty on the preliminary plan. The Planning Board shall review the application for the preliminary plan for the purpose of determining, within 62 days of its submission, whether said application is complete.
(a)
If said application is found to contain all of the information required, the Planning Board shall certify said application is complete and direct the application to the Town of Liberty Town Board with recommendations to approve, disapprove or conditionally approve the proposed PUD District.
(b)
If said application is found to lack some of the information required above, the Planning Board shall cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application. Should the Planning Board conclude the missing information is not applicable to the subject application and/or are not necessary to make an informed decision on the application, it may waive such requirements as a prerequisite for completeness only, and certify the application is complete, notwithstanding the missing items.
(c)
If waivers of checklist items have been specifically requested by the applicant in the application, the Planning Board shall act on the request for waivers within 62 days of application submission or requested extension from the applicant. If the waivers are granted, the application is complete as long as all other requirements for submission have been satisfied. If the waivers are denied, the application is incomplete until missing information is submitted. An applicant who has been notified that is application is incomplete may request waiver of one or more of the submission requirements. Said request shall be the subject of a resubmitted application and will be treated as a new submission.
(d)
Should the Planning Board fail to act within 62 days of the date of the submission of the application, said application shall be deemed complete.
(e)
The Planning Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter, and/or may direct that revisions be made in the application documents. The modifications shall be considered as reasonably necessary in order for the Planning Board to make an informed decision as to whether the requirements of approval of the application have been met. This is provided that the application shall not be deemed incomplete for lack of any additional information or revisions. Promptly after certification of completeness, the application documents shall be distributed by the Planning Board to the Town Board for approval of PUD district formation.
(7)
Amendment of zoning law to create PUD District.
(a)
The Town Board shall, in its discretion, in accordance with the requirements of the New York State Town Law, amend its Zoning Law to create the proposed PUD District, provided that it has first issued a finding of the following facts and conclusions:
[1]
That departures by the proposed development from zoning regulations, otherwise applicable to the subject property, conform to the zoning provisions outlined above;
[2]
That the proposals for maintenance and conservation of the common space are reliable, and the amount, location and purpose of the common open space are adequate;
[3]
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual gratification and are adequate;
[4]
That the proposed PUD will not have an unreasonably adverse impact upon the area in which it is proposed to be established; and
[5]
In the case of a proposed PUD, which contemplated construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
(b)
Should the Town Board fail to make such findings and hold a public hearing on the proposed PUD District within 62 days of application submission to the Town Board, the application for PUD District creation shall presumed to be denied and no further action shall be taken.
(8)
Site plan and subdivision approval. Following Town Board enactment of the proposed PUD District, the applicant shall prepare a final site/subdivision plan including all of the information required under § 130-13 of Chapter 130, Subdivision of land, of the Code of the Town of Liberty, and submit it to the Planning Board for final review and approval. The submission shall include a final timetable, with specific dates for completion of different aspects of the projects to be used as a guide for the Code Enforcement Officer to administer periodic review. When more than 12 months have elapsed between the creation of the PUD and the date of the submission of the site plan and where the Planning Board finds conditions affecting the plan have changed significantly in the interim, the Planning Board may recommend to the Town Board the PUD District designation be rescinded. The Planning Board may disapprove a site/subdivision plan if it varies substantially from the preliminary project plan upon which the creation of the PUD District was based.
[Amended 11-6-2006 by L.L. No. 10-2006]
H.
Periodic review.
(1)
The Town Code Enforcement Officer shall review the progress of the project and compare it to the timetable approved by the Planning Board as part of the site approval process according to the following timetable:
(2)
If the Code Enforcement Officer finds the project has met the development timetable, a letter shall be sent to the Planning Board stating such. If the Code Enforcement Officer finds the project has not met the development timetable, then he must notify the Planning Board, in writing, within 30 days. Upon receiving the notification from the Code Enforcement Officer, the Planning Board must schedule, within 62 days, a hearing to review the timetable and project progress with the developer. The Planning Board may:
(a)
Do nothing and require another review in one year;
(b)
Find compelling reasons why the project has fallen behind schedule and vote to approve a revised site/subdivision plan with an amended timetable; or
(c)
Find the project is behind schedule because conditions have sufficiently changed since the creation of the PUD and recommend the Town Board revoke or modify the PUD classification. The recommendation must be made in writing and describe, in detail, the reasons for such a recommendation.
(3)
Upon receiving notification from the Planning Board about a PUD project that has fallen behind schedule, the Town Board may amend the Zoning Law to revoke or extend the PUD District, as provided by Town Law.
§ 147-24 Mobile homes.
No mobile home or mobile home park shall be erected or established except in conformity with Chapter 100, Mobile Homes and Mobile Home Parks, of this Code, and all permitting procedures connected with such uses shall be as provided therein.
§ 147-25 Bungalow colonies.
Bungalow colonies, where the ownership of the development is held in common by means of a condominium, cooperative, POA or similar type agreement, or by a single owner acting as landlord; shall be subject to the following requirements:
A.
Procedure. Bungalow colonies shall be processed in the same manner as multiple dwelling projects (see § 147-22) with the exception that the Code Enforcement Officer shall, in the instance of a development which has received preliminary or final approval, be authorized to issue separate building permits for each building provided the buildings conform with such plans and do not exceed permitted density. Also, the Code Enforcement Officer shall have authority to grant or deny, without Planning Board review, individual building permits within existing bungalow colonies existing on the date of this chapter's enactment, provided any new structures or improvements will meet the requirements of this section and do not exceed permitted density.
B.
Density. Density within bungalow colonies, measured in equivalent dwelling units on the basis of estimated average sewage flows at full occupancy, shall not exceed the number of dwelling units per acre permitted within the district if the parcel on which the units are constructed were to be developed for single-family use, or six dwelling units per acre, whichever is less dense, calculating density in the manner provided for in § 177-22B (pertaining to multiple dwellings).
C.
Open space, nonresidential uses and utilities. Bungalow colonies shall meet the standards applicable to multiple dwelling developments.
D.
Design criteria. The following design criteria shall apply to bungalow colonies:
(1)
Dwellings shall be limited to single- and two-family types.
(2)
No part of any structure shall be located within 25 feet of the edge of pavement of any road to or through the development.
(3)
Roads shall comply with minor street requirements as specified in the Town of Liberty Subdivision Regulations.
(4)
No bungalow colony shall be served by more than one entrance and one exit from any public highway, although the Planning Board may waive this requirement in the interest of safety. All entrance and exit drive locations shall be approved by the Town Highway Superintendent.
(5)
One and one-quarter parking spaces shall be provided for each dwelling unit which spaces shall be located no further than 500 feet from the unit they are intended to serve.
(6)
Each bungalow colony shall be provided with access from an improved pedestrian right-of-way or access road within the development. No unit shall have direct access to a public highway, however. Also, no unit served by a pedestrian right-of-way shall be located further than 300 feet from an access road.
(7)
All structures shall be separated at least 20 feet from each other and setback a minimum of 75 feet from the perimeter boundaries of the development. A planting strip may be required where the property line is not wooded.
(8)
All sewer and water facility plans shall be acceptable to the Town of Liberty Public Works Director and evidence thereof supplied with the application for approval of the use. State approval and evidence thereof shall also be required where applicable.