Macedon City Zoning Code
ARTICLE XIV
TPD Totally Planned Development District
§ 300-97 Intent.
A.
It is the intent of this article to provide flexible land use and design regulations through the use of performance criteria so that large scale neighborhoods may be developed within the Town that incorporate a variety of residential types and nonresidential uses, and contain both individual building sites and common property which are planned and developed as a unit. Such a planned unit is to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common property in order to function as a neighborhood. This article specifically encourages innovations in residential development so that the growing demands for housing at all economic levels may be met by greater variety in type, design and siting of dwellings and by the conservation and more efficient use of land in such developments.
B.
This article recognizes that, while the standard zone function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas of neighborhoods that are already substantially developed, these controls represent a type of preregulation, regulatory rigidity and uniformity which may be harmful to the techniques of land development contained in the totally planned development concept. Further, this article recognizes that a rigid set of space requirements along with bulk and use specifications would frustrate the application of this concept. Thus, where TPD techniques are deemed appropriate through the rezoning of land to a Totally Planned Development District by the Town Board, the set of use and dimensional specifications elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.
§ 300-98 Objectives.
In order to carry out the intent of this article, a TPD shall achieve the following objectives:
A.
A maximum choice in the types of environment, occupancy tenure (e.g., cooperatives, individual ownership, condominium, leasing), types of housing, lot sizes and community facilities available to existing and potential Town residents.
B.
More usable open space and recreation areas.
C.
More convenience in location of accessory commercial and service areas.
D.
The preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion.
E.
A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses.
F.
An efficient use of land resulting in small networks of utilities and streets and thereby lower housing costs.
G.
A development pattern in harmony with the objectives of the Macedon Master Plan.
H.
A more desirable environment than would be possible through the strict application of other sections of this chapter.
§ 300-99 General requirements.
A.
Minimum area. Under normal circumstances, the minimum area requirements to qualify for a Totally Planned Development District shall be 100 contiguous acres of land. Where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article, the Planning Board may consider projects for review with less acreage.
B.
Ownership. The tract of land for a project may be owned, leased or controlled by a single person, a corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
C.
Location of TPD District. The TPD District shall be applicable to any area of the Town where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article.
§ 300-100 Permitted uses.
All uses within an area designated as a TPD District are determined by the provisions of this article and the approval of the project concerned.
A.
Residential uses. Residences may be of any variety of types. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with this article. In keeping with the objectives found in § 300-98A and F, the developer must demonstrate that he is reaching as broad a market as possible. In making these determinations, the Planning Board shall consider the size of the site, its location with respect to community services and facilities, transportation and area-wide market surveys as are available from several sources in Wayne County. Developers may avail themselves of such state, federal and other housing programs as may be available to accomplish these objectives.
B.
Service and other nonresidential uses may be permitted (or required) where such uses are designed primarily to serve the residents of the TPD. Such uses may include:
(1)
Retail business establishments which are clearly of a neighborhood service character such as, but not limited to, the following:
§ 300-101 Customary accessory or associated uses.
Accessory uses such as private garages, off-street parking, including storage space for auxiliary vehicles such as travel trailers, campers, boats and snowmobiles, recreational and community activities, churches and schools shall also be permitted as appropriate to the TPD concept.
§ 300-102 Intensity of land use.
Because land is used more efficiently in a TPD, improved environmental quality can often be produced with a greater number of dwelling units per gross building area than usually permitted in traditionally zoned districts. The Town Planning Board shall determine in each case the appropriate land use intensity and/or dwelling unit density for individual projects. In most cases, however, the gross density shall not exceed four dwelling units per acre. The determination of land use intensity ratings or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the rating or density. Generally, however, at least 30% of TPD dwelling units should be detached, single-family units.
§ 300-103 Common property in TPD.
Common property in a TPD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the individual building sites. When common property exists, unless approved by the Town as a public property, the ownership of such property shall either be public or private. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas, and the Town Board reserves the right to approve or disapprove such arrangements.
§ 300-104 Application procedure and zoning approval process.
Whenever any totally planned development is proposed, before any permit for the erection of a permanent building in such totally planned development shall be granted, and before any subdivision plat of any part thereof may be filed in the office of the Wayne County Clerk, the developer or his authorized agent shall apply for and secure approval of such totally planned development in accordance with the following procedures:
A.
Application for sketch plan approval:
(1)
Requirements. In order to allow the Town Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit two copies of a sketch plan of this proposal to the Town Board, which will refer the same to the Planning Board for review. The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information:
(a)
The location of the various uses and their areas in acres.
(b)
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.
(c)
Delineation of the various residential areas indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (i.e., single-family detached, duplex, townhouse, garden apartments, high-rise) and general description of the intended market structure (i.e., luxury, middle-income, moderate-income, elderly units, family units, etc.), plus a calculation of the residential density in dwelling units per gross acre (total area including interior roadways) for each such area.
(d)
The interior open space system.
(e)
The overall drainage system.
(f)
If grades exceed 3% or portions of the site have moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five feet of elevation, along with an overlay outlining the above susceptible soil areas, if any.
(g)
Principal ties to the community at large with respect to transportation, water supply and sewage disposal.
(h)
General description of the provision 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.
(i)
A location map showing uses and ownership of abutting lands.
(2)
Documentation to accompany the sketch plan:
(a)
Evidence of how the developer's particular mix of land uses meets existing community demands to include area-wide as well as local considerations.
(b)
Evidence of the developer's compliance with the provisions of Article XIV with respect to the provision of an adequate mix of housing.
[Amended 6-25-2020 by L.L. No. 3-2020]
(c)
Evidence that the proposal is compatible with the goals of local and area-wide Master Plans.
(d)
A general statement as to how common open space is to be owned, used and maintained.
(e)
If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan shall show the intended total project.
(f)
Evidence to demonstrate the applicant's competence to carry out the plan and his awareness of the scope of such a project, both physical and financial, including payment of suitable fees.
(3)
The Planning Board shall review the sketch plan and its related documents with the applicant and shall render either a favorable report to the Town Board or an unfavorable report to the applicant, after consultation with the County Planning Board.
(a)
A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering TPD districting. Such a report shall be based on the following findings which shall be included as part of the report:
[1]
The proposal conforms to the Master Plan.
[4]
The proposal is conceptually sound in that it meets local and area-wide needs and it conforms to accepted design principles in the proposed functional roadway and pedestrian system, land use configuration, open space system, drainage system and scale of the elements both absolutely and to one another.
[5]
There are adequate services and utilities, including sewers available or to be made available in the construction of the development, with the costs incurred by the developer.
(b)
An unfavorable report shall clearly state the reason for such a finding.
B.
Application for TPD districting:
(1)
Upon receipt of a favorable report from the Planning Board, the Town Board shall set a date for and conduct a public hearing for the purpose of considering TPD districting for the applicant's plan in accordance with the procedures established under § 264 of the Town Law or other applicable law. Said public hearing shall be conducted within 62 days of the receipt of the favorable report.
[Amended 6-25-2020 by L.L. No. 3-2020]
(2)
The Town Board shall refer the application to the County Planning Board for its analysis and recommendations pursuant to the provisions of § 239-m of the General Municipal Law and the provisions of this article, and the Town Board shall also refer the application to the Town Engineer for his review.
(a)
The Town Board shall give the County Planning Board at least 30 days to render its report.
(b)
The Town Engineer shall submit a report to the Town Board within 30 days of the referral duly noting the feasibility and adequacy of those design elements under his sphere of interest. This report need only concern itself at this time with general conceptual acceptance or disapproval, as the case may be, and in no way implies any future acceptance or disapproval, as the case may be, and in no way implies any future acceptance or reflection of detailed design elements as will be required in the later site plan review stage. The Town Engineer may also state in his report any other conditions or problems that must be overcome before consideration of acceptance on his part.
(3)
Within 62 days after the public hearing, the Town Board shall render its decision on the application.
[Amended 6-25-2020 by L.L. No. 3-2020]
C.
Zoning for totally planned development. Upon approval of the application by the Town Board, the area in question shall be conditionally rezoned as a TPD District, subject to final approval by the Town Board as set forth in § 300-106, and the Zoning Map shall be so noted. The Town Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not limited to, visual and acoustical screening; land use mixes; order of construction and/or occupancy; circulation systems, both vehicular and pedestrian; availability of sites within the area for necessary public services such as schools, fire houses and libraries; protection of natural and/or historic sites; and other such physical or social demands. Following review of the recommendations by the Planning Board, the Town Board shall, at this time, approve the density standards for the development.
§ 300-105 Site development plan approval process.
A.
Application for preliminary site development plan review shall be made to the Planning Board and shall be accompanied by the following information prepared by a licensed engineer, architect and landscape architect:
(1)
An area map showing the applicant's entire holdings, that portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within the applicant's property.
(2)
A topographic map showing contour intervals of not more than five feet of elevation shall be provided.
(3)
A preliminary site plan including the following information:
(a)
Title of drawing, including name and address.
(b)
North point, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing watercourses.
(e)
A site plan showing:
[1]
The location, proposed use and height of all buildings.
[2]
The location of all parking and truck-loading areas, with access and egress drives thereto.
[3]
The location and proposed development of all open spaces including parks, playgrounds and open space reservations.
[4]
The location of outdoor storage, if any.
[5]
The location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
[6]
The description of method of sewage disposal and location of such facilities.
[7]
The location and size of all signs.
[8]
The location and proposed development of buffer areas.
[9]
The location and design of lighting facilities.
[10]
The amount of building area proposed for nonresidential uses, if any.
(4)
A tracing overlay showing all soils areas and their classifications and those areas, if any, with moderate to high susceptibility to flooding and moderate to high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation.
B.
County Planning Board review. Upon receipt of the application for Preliminary Site Development Plan approval, the Planning Board shall refer said application to the County Planning Board for its report to the Planning Board within 30 days of receipt of said referral.
C.
Factors for consideration. In its review, the Planning Board may consult with the Town Engineer and other Town and county officials as well as with representatives of federal and state agencies, including the Soil Conservation Service. The Planning Board may require the exterior design of all structures be made by, or under the direction of, a registered architect whose seal shall be affixed to the plans. The Planning Board may also require such additional provisions and conditions that appear necessary for the public health, safety and general welfare, including, but not limited to, the following:
(1)
Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
Location, arrangement, size and design of buildings, lighting and signs.
(5)
Relationship of the various uses to one another and their scale.
(6)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise buffer between adjacent uses and adjoining lands.
(7)
Adequacy and distribution of usable open space for playgrounds and informal recreation.
(8)
Adequacy of stormwater and sanitary waste disposal facilities.
(9)
Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
(10)
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(11)
Compliance with the provisions of SEQR.
(12)
Conformance with other specific charges of the Town Board which may have been stated in the zoning resolution.
(13)
Location and design of erosion and sediment control structure.
D.
Action on preliminary site development plan application. No grading or physical modification of the site shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of this chapter.
(1)
Within 62 days of the receipt of an application for preliminary site development plan approval, the Planning Board shall make its recommendations to the Town Board. Failure to render a decision within said period shall be deemed to be approval by the Planning Board.
[Amended 6-25-2020 by L.L. No. 3-2020]
(2)
The Planning Board's action shall be in the form of a written statement to the Town Board.
(3)
A copy of the appropriate minutes of the Planning Board shall be a sufficient report.
(4)
The Planning Board's statement may include recommendations for changes to be incorporated in the final site development plan and to be conditions of approval. Such recommendations shall be limited, however, to siting and dimensional details with general use areas and shall not significantly alter the sketch plan as it was approved in the zoning proceedings.
(5)
If the preliminary site development plan is disapproved, the Planning Board's statement shall contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site development plan and resubmission of the preliminary site plan to the Planning Board after it has been revised or redesigned.
§ 300-106 Request for changes in sketch plan.
If, in the site development plan process, it becomes apparent that certain elements of the sketch plan, as it has been approved by the Town Board, are unfeasible and in need of significant modification, the applicant shall then present his solution to the Planning Board as his preliminary site development plan in accordance with the above procedures. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the site development plan shall be considered disapproved. The developer may then, if he wishes, produce another site development plan in conformance with the approved sketch plan. If an affirmative decision is reached, the Planning Board shall so notify the Town Board stating all of the particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary site development plan approval may then be given only with the consent of the Town Board.
§ 300-107 Application for final detailed site plan approval.
A.
After receiving conditional approval from the Town Board on a preliminary site development plan and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his final detailed site development plan and submit it to the Planning Board for final review; except that if more than six months has elapsed between the time of the Planning Board's report on the preliminary site development plan and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site development plan for further review and possible revision prior to accepting the proposed final site plan for review.
B.
The final detailed site plan shall conform substantially to the preliminary site development plan that has received preliminary site development plan approval. It should incorporate any revisions or other features that may have been recommended by the Planning Board and/or the Town Board at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
(1)
In addition to the requirements for preliminary site development plan approval, an application for final site development plan approval shall also contain:
(a)
The final site plan at a scale of 50 feet to one inch. Where more than one sheet is required to show the entire development, a key map shall be provided.
(b)
The lines of existing and proposed streets and sidewalks immediately adjoining and within the TPD or TPD stage.
(c)
The names of existing and proposed streets.
(d)
Typical cross sections of proposed streets and sidewalks.
(e)
Profiles of proposed streets at suitable vertical scale showing finished grades in relation to existing ground elevation.
(f)
Layout of proposed lots, including lot numbers and proposed numbering system for buildings.
(g)
The location and size of any existing and proposed sewers (storm and/or sanitary), water mains and pipes on the property or into which any connection is proposed.
(h)
Provisions for water supply and sewage disposal and evidence that such provisions have received approval of the New York Department of Environmental Conservation and/or New York Department of Health.
(i)
Locations of survey monuments.
(j)
A planting plan indicating locations, varieties and minimum size of trees to be planted and of existing trees to be preserved. Existing wooded areas need not be itemized, but should be generally described.
(k)
Brief specifications or reference to Town standards for all public facilities to be constructed or installed within the TPD stage.
(2)
Action on the final detailed site development plan application. Within 62 days of the receipt of the application for final site development plan approval, and after a duly advertised public hearing in accordance with procedures of § 276 of the Town Law, the Planning Board shall render its recommendations to the Town Board and so notify the applicant. If no decision is made within the sixty-two-day period, a favorable recommendation shall be deemed to have been made.
[Amended 6-25-2020 by L.L. No. 3-2020]
(a)
Upon reviewing an application, the Planning Board shall endorse its approval on a copy of the final site development plan with its recommendation that the Town Board formally establish a TPD District in accordance with the approved plan. The Town Board shall then, by resolution, formally rezone the area as a TPD District and shall forward the final site development plan to the appropriate permit issuing officer who shall then be empowered to issue permits consistent with the requirements of the Uniform Code and this chapter.
(b)
Upon disapproving an application, the Planning Board shall so inform the permit issuing officers. The Planning Board shall also notify the applicant and the Town Board, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice. In such event, the property in question may be developed only in conformity with the regulations and restrictions applicable to the district in which it is located.
§ 300-108 Staging.
If the applicant wishes to stage his development, and he has so indicated, then he may submit only those stages he wished to develop for site plan approval, in accordance with his staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged, and a staging plan must be developed. It is the intent of this article that individual stages of the TPD will have an integrity of use in their own right so that, if for any reason, the entire TPD would not be completed, those portions of the TPD already constructed will be an asset to the community by themselves. Staging plans must take account of this objective, and developers proposing individual stages that deviate significantly from the overall character of the TPD should present convincing evidence that such a stage is indeed in keeping with this article.
§ 300-109 Other regulations.
A.
Regulation after initial construction and occupancy. For the purposes of regulating development and use of property after initial construction and occupancy, any changes other than use changes may be processed only upon presentation to and approval by the Planning Board. Use changes shall also be in the form of a request for special permit, except that Town Board approval shall be required. It shall be noted, however, that properties lying in Totally Planned Development Districts are unique and shall be so considered by the Planning Board or Town Board when evaluating these requests, and maintenance of the intent and function of the planned unit shall be of primary importance.
B.
Site development plan review. Site development plan review under the provisions of this article shall suffice for Planning Board review of subdivisions under Chapter 190, Land Use and Public Works, subject to the following conditions:
(1)
The developer shall prepare sets of subdivision plats suitable for filing with the office of the Wayne County Clerk, in addition to those drawings required above.
(2)
The developer shall plat the entire development as a subdivision; however, TPDs being developed in stages may be platted and filed in separate stages.
§ 300-110 Financial responsibility.
No building permits shall be issued for construction within a TPD District until the required improvements are installed or, alternatively, a letter of credit is provided in accordance with the same procedures as provided for in § 276 of the Town Law relating to subdivisions. Other such requirements may also be established from time to time by the Town Board.