Macedon City Zoning Code
ARTICLE XV
NCD New Community Development District
§ 300-111 Statement of intent and objectives.
It is the intent of this article to establish a special planned unit development district within the Town of Macedon, to be known as the "Macedon New Community Development District," which district shall consist of a minimum of 500 acres of land. Said district shall hereinafter be referred to as the "New Community Development District (NCD)."
§ 300-112 General requirements; permitted uses.
A.
Location of NCD. The NCD is hereby adopted for 500 acres of land located within the Town of Macedon as shown on the map adopted with this chapter.[1] Said map may be revised by a showing that the developer, or any successor thereto, has obtained control of additional adjacent land, and that the inclusion of such land within the NCD will be to the benefit of the new planned community and the Town. Approval for such inclusion of additional land shall be by the Town Board pursuant to the provisions of the Town Law of the State of New York. The following regulations shall be adhered to for all additional lands proposed to be rezoned to NCD after the adoption of this Code:
(1)
The developer shall submit to the Town Board an overall master plan depicting the entire NCD district, which also shows the new acreage proposed to be rezoned and how the proposed rezoning integrates into the existing overall NCD development.
(2)
The developer shall also submit to the Town Board, for approval, a specific concept plan for the lands to be rezoned to NCD, including adequate detail to specify the proposed locations of particular uses (i.e., single family, multifamily, industrial, commercial).
(3)
The Town-Board-approved concept plan shall be formally incorporated as part of the rezoning approval, and the Town Planning Board shall thereafter use it as a guide for reviewing future site plan applications for compliance with the allowed use.
(4)
The developer shall not request site plan approval from the Town Planning Board for any proposal which does not meet the requirements of the approved concept plan for the rezoned NCD land.
(5)
The developer may petition the Town Board, from time to time as circumstances dictate, to formally revise the approved concept plan by Board resolution, for a particular area of the NCD.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B.
Permitted uses in the New Community Development District shall be as follows:
C.
Roads and utilities. The developer shall provide all necessary water and sewer facilities, storm drainage, highway access, paved service streets, off-street parking, including storage space for auxiliary vehicles such as travel trailers, campers, boats, snowmobiles, loading facilities, streetlighting, sidewalks and curbs as shall be required by the Town, except as may otherwise be provided through state, county or federal programs.
D.
Common property. Common property in the NCD shall be a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the residents and/or employees of the community. When common property exists, the ownership of such common property may be either public, community or private or any combination thereof. When common property exists, arrangements satisfactory to the Town Board must be made for the improvement, operation and maintenance of such common property and areas and recreational and open space areas. The Town Board shall retain the right to review and approve the Articles of Incorporation and character of any association owning or managing any common property within the NCD and to require whatever conditions it deems necessary to ensure that the intent and purpose of this article are carried out. Where deemed appropriate by the Planning Board, the developer shall be required to create pathways facilitating pedestrian access to open space areas, parklands, recreational areas and enabling connection to the Macedon Trail System.
[Amended 6-25-2020 by L.L. No. 3-2020]
E.
Residential density. Any additional lands rezoned and added to the existing NCD shall not exceed two units per acre for one- or two-family homes, and eight units per acre for apartments and Town homes, with these densities being calculated using only the acreage being rezoned at the time.
§ 300-113 Required Planning Board review.
A.
Site development plans approved by the Planning Board shall be required for all proposed developments. Where an approved site development plan is proposed to be amended, such amendment shall also be subject to the approval of the Town Planning Board.
B.
On each original or amended site development plan, the Town Planning Board shall certify whether or not the said plan meets all applicable requirements of this article.
C.
No building permit or certificate of occupancy may be issued nor may any division of property be made, except in accordance with an approved site development plan or amendment of any such plan.
§ 300-114 Review standards.
A.
Residential standards.
(1)
Areas proposed in the form of single-family or two-family detached houses shall not exceed the density set forth in § 300-112E.
(2)
To the extent feasible, at least 30% of the total number of dwellings within this NCD should be in single-family detached structures.
(3)
The densities for multifamily residential uses shall not exceed eight dwelling units per acre.
(4)
Building height, size and design shall be appropriate to the location within the NCD where proposed and shall further be appropriate to the overall development plan of the NCD and the development plan of the Town.
(5)
Off-street parking facilities shall be adequate for the particular development and approval as to quantity and location by the Planning Board. In no case shall campers, boats and other recreational vehicles be stored in other than screened areas or enclosed structures.
[Amended 6-25-2020 by L.L. No. 3-2020]
(6)
The Planning Board may require as much as 25% of any required open space to be provided in the form of suitable play area.
(7)
All multifamily uses must provide adequate landscaping to the satisfaction of the Planning Board.
(8)
A buffer strip of adequate width should be provided, where appropriate, between residential and nonresidential areas and between residential areas and state and county roads. Said buffer strip may be created by utilizing suitably landscaped green areas, by design, configuration and location of particular buildings or by any other method meeting the approval of the Planning Board. No parking shall be permitted in a buffer area.
(9)
The Planning Board may require the developer to provide space within the NCD for the common storage of recreational vehicles, travel trailers and similar equipment for the sole convenience of residents of the NCD. If such space is required, the Planning Board shall approve the size and location of such common storage areas and shall specify required buffer planting and screening.
(10)
One- and two-family residential housing lots shall meet the following minimum standards for all new development projects:
(a)
Minimum lot width shall be 85 feet (100 feet for a duplex). For pie-shaped lots on curved road radii, the frontage width can be less than 85 feet (100 feet for a duplex), as long as the lot width at the front setback line of the primary structure is 85 feet (100 feet for a duplex).
(b)
Minimum lot size shall be 15,000 square feet for one family, and 20,000 square feet for a duplex.
(c)
Minimum front setback for a primary structure shall be 60 feet.
(d)
Minimum side setback for a primary structure shall be 10 feet.
(e)
Minimum rear setback for a primary structure shall be 40 feet.
(f)
Minimum side or rear setback for accessory structures shall be 10 feet.
(g)
No accessory structures may be located in the front or side yard area.
(h)
No accessory structure shall be larger than 20% of the size of the primary structure.
(i)
No accessory structure shall be taller than 12 feet or the height of the primary structure, whichever is less.
(j)
No more than two detached accessory structures greater than 100 square feet are permitted per lot, including outbuildings, pools, sheds, etc. Structures of 100 square feet or smaller shall not be considered in the total number of structures allowed, however must still meet required minimum setbacks.
(l)
All new single-family homes shall have a minimum of 440 square feet of attached garage space.
(m)
All new duplex units shall have a minimum of 240 square feet of attached garage space per unit.
(11)
One- and two-family residential housing lots, at a minimum, shall have the following lot amenities (The Planning Board may add additional amenities during site plan review.):
(a)
All roof downspout conductors shall be connected underground to the stormwater management system with a minimum-six-inch diameter SDR-35 PVC piping and a cleanout at the right-of-way line. No splash blocks will be permitted on residential lots of less than 30,000 square feet within the NCD zoning district.
(b)
Every housing unit shall have one driveway post light. At the discretion of the Planning Board, ornamental streetlighting shall be provided at regular intervals throughout the subdivision, with special emphasis on lighting street intersections and any other critical areas identified by the Planning Board.
(c)
All driveways shall be asphalt- or concrete-paved. No stone or gravel driveways are permitted.
(d)
All lots shall have a minimum of one street tree with a minimum caliper of two inches. Corner lots shall have a minimum of two street trees.
(e)
Concrete sidewalks shall be provided, at a minimum, on one side of any public street. Location and extent of required sidewalks shall be determined by the Planning Board. Additional off-road walking trails may be required at the Planning Board's discretion, pursuant to § 300-112D.
(f)
Drainage swales in yard areas which cross multiple lots shall have a minimum-four-inch perforated tile line bedded in stone, discharging to a municipal storm conveyance system.
(g)
In no case shall drainage from an NCD property exit to an adjacent property without first being routed to the on-site stormwater management system.
(h)
Any new residential subdivisions in the NCD Zoning District shall be serviced by municipal sanitary sewers.
(12)
Other uses in residential areas of NCD.
(a)
The only nonresidential use that shall be permitted on a lot approved by the Planning Board as a residential use in the NCD Zoning District shall be home occupations, as described in § 300-66A, and approved by the Planning Board.
(c)
Any one- or two-family residence in NCD shall not be converted or modified in any way to increase the number of dwelling units.
(d)
Windmills shall not be permitted in residential areas of the NCD Zoning District.
(e)
Outdoor solid-fuel-burning furnaces shall not be permitted in the NCD Zoning District.
(13)
At no time shall any developer propose a new multifamily residential development project, within the NCD Zoning District, which causes the overall number of multifamily units to exceed 20% of the total number of dwelling units in the NCD District (i.e., single-family homes shall constitute a minimum of 80% of all dwelling units within the NCD District). The developer will be required to provide an analysis of this ratio for any proposed multifamily development in the NCD District. This analysis is subject to review and approval by the Town Board.
B.
Commercial standards.
(1)
Except for the regional commercial center located within the NCD, commercial uses should be generally scaled to serve the residents of the NCD.
(2)
Parking areas serving commercial uses shall be provided as specified in Schedule III.[3]
[3]
Editor's Note: Schedule III is included as an attachment to this chapter.
C.
Office, research and manufacturing standards.
D.
Site and structure standards.
(1)
Where feasible, natural features such as streams, rocks, outcrops, topsoil, trees and shrubs shall be preserved and incorporated in the landscaping of the development.
(2)
Where adequate surface drainage is not possible by grading alone, a supplementary drainage system approved by the Planning Board shall be required.
(3)
To improve the quality of the environment and to reduce inconvenience during bad weather, the underground installation of electrical and telephone equipment shall be required where feasible.
(4)
Lot sizes and dimensions, structure heights and locations thereon may be freely disposed and arranged in conformity with the overall density standards set forth herein. One- and two-family lot dimensions are specified in Subsection A(10). For other uses, minimum lot size or frontage and, except for office, research and manufacturing uses, maximum percentage of lot coverage are not specified herein. In reviewing any particular site plan for the whole or any part of property falling within this NCD, the Planning Board shall be guided by the appropriate standards of good planning practices, to the end that the resulting development shall be compatible with the surroundings of the area and assure the stability of the uses proposed to be developed on the site.
(5)
The right-of-way and pavement widths for internal roads serving multifamily dwellings, commercial and office, research and manufacturing developments shall be determined from sound planning and engineering standards to conform with the estimated needs of the proposed full development and the traffic to be generated thereby. The pavement of said roads shall be not less than 24 feet wide, excluding parking lanes, and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of firefighting equipment and police emergency vehicles. Dedicated streets shall be in conformance with the standards established by the Town.
§ 300-115 Application procedures.
A.
General requirements. The Planning Board shall require the applicant to furnish such preliminary drawings and specifications as required for normal site development plan approval, including the following:
(1)
An area map showing the applicant's entire holdings, said portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within 500 feet of that parcel of property. An applicant shall also show whether its holdings are by lease, option, deed or otherwise.
(2)
A topographic map showing contour intervals of not more than five feet of elevation.
(3)
A plan map showing the location of the various uses, the general pattern of the interior road systems, the location and treatment of all open space areas (including parks and playgrounds) and the location of all existing and proposed site improvements, including water, sewer and storm drainage systems. In addition, data on the number of dwelling units by type and the appropriate acreage for all uses shall be included on the plan, if available.
(4)
Any other material deemed necessary to determine the applicability of the development with reference to:
B.
Approval of site plans. The Town Board reserves the authority to give final approval to site development or plot plans, pursuant to the provisions of the Town Law.
§ 300-116 Construction time limitations.
If, after the passage of 24 months from the date of any site plan development approval within this New Community Development District, construction has not substantially commenced, the site plan development approval given under the terms of this article shall be revoked and the developer shall be required to resubmit the site development plans to the Town Planning Board for approval.
§ 300-117 Staging; presentation of plan.
A.
It is anticipated that the developer will stage development within this NCD and said developer may submit in detail those stages he wishes to develop for site plan approval in accordance with a staging plan. Such plan must be submitted and approved for each stage of development in accordance with the procedures established within this article.
B.
For any phased or staged development project within the NCD district, the developer shall present annually to the Planning Board a master plan showing the existing developments and the projected development for the succeeding three years, together with an analysis of the long-term projected conformance with land use ratios and other requirements of this chapter.
§ 300-118 Petition for revision of approved plan.
At any time following the approval of site plans, including the issuance of permits for any part thereof, the applicant may petition for review in detail the previously approved plans, stating his reasons therefore. Such reasons may be based upon such consideration as, but shall not be limited to, changing social or economic conditions, suggested improvements to layout or design features or unforeseen difficulties or advantages such as site conditions, state or federal projects or statutory changes which mutually affect the interest of the applicant and the Town. Upon finding that such petition and reasons are reasonable and valid, and provided that such revisions do not alter the concept of the plan as previously approved, the Planning Board may reconsider the design of all or a portion of the site plan.
§ 300-119 Improvements or performance guaranties.
As a condition of final approval of site development plans, the Town Board shall require the applicant to post adequate performance guaranties to ensure the installation of all required site improvements in an amount sufficient to cover the cost of all such improvements. Said performance guaranty shall be in the form of a letter of credit or certified check, which should include an agreed-upon date for the completion of such improvements and should be for a period of time determined by the Town Board. The amount of the performance guaranty may be reduced by the Town Board when portions of the required improvements have been completed. If no such performance guaranty is posted, the approval or application shall be a nullity.
§ 300-120 Building requirements.
[Amended 6-25-2020 by L.L. No. 3-2020]
Construction within the NCD Zoning District shall strictly comply with all requirements of Chapter 190, Land Use and Public Works, of the Town of Macedon Code, any provisions specified in the NCD Zoning District, all relevant New York State Uniform Fire Prevention and Building Codes, as well as any other applicable state, local or federal laws.
§ 300-121 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 proposed by either the developer or an individual owner shall be in the form of a request for approval, except that Town Board approval shall be required. It shall be noted, however, that properties lying in the NCD 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, portions of the NCD being developed in stages may be platted and filed in separate stages.
C.
Financial responsibility. No building permits shall be issued for construction within the NCD until improvements are installed or letters of credit posted in accordance with the same procedures as provided for in § 276 of the Town Law relating to subdivisions. Other requirements may also be established from time to time by the Town Board.
§ 300-122 Nonconforming uses.
A.
Any building or land located within the NCD, and lawfully occupied by a use on the date of the first publication of the public hearing notice for the enactment of this article, or amendment thereto, which does not conform after the passing of this article, or amendment thereto, to the permitted uses or regulations of the NCD shall be deemed a nonconforming use.
B.
Such use deemed nonconforming may be continued, but, if said nonconforming use or occupancy is discontinued for a period of more than 12 months, it shall be deemed abandoned, and any subsequent use or occupancy of the land or structure shall be in conformance with the provisions of the NCD.
C.
A use deemed nonconforming may be changed to a use permitted in the NCD, provided that the change is approved by the Planning Board. Once a nonconforming use has been changed to an approved conforming use, said building or land shall not be permitted to revert to a nonconforming use.
D.
A use deemed nonconforming shall not be enlarged, extended or intensified; nor shall any structural alteration be made to any building in which said use is conducted, except as may be permitted by the Planning Board.
§ 300-123 Governing provisions.
In order to promote innovative planning and development and to foster creative use of the property located therein, unless otherwise specified herein the NCD shall be governed by and subject only to the provisions set forth in this article and the provisions set forth elsewhere in this zoning district. Establishing minimum requirements and use restrictions shall not be applicable within this district, except as may be required by the Planning Board upon their review of an application or plan for the use of the whole or any part of the property located in this district.