Marcellus Town City Zoning Code
§ 235-15
Cluster and planned unit development.
A.
Cluster development.
(1)
The Planning Board is granted authority, to be exercised simultaneously with the approval of plats, to modify the applicable provisions of the Town of Marcellus Zoning Local Law as they pertain to locations zoned R-1, R-2, R-3 and R-4, subject to the conditions of § 278 of the Town Law and the other conditions hereinafter set forth.
(2)
In addition to the requirements of § 235-7, Lot and building limitations, the developer shall submit a computation and demonstrate by appropriate documents and drawings the allowable development site density.
(3)
In the event that the application of this procedure results in a plan showing lands available for park, recreation, open space, or other municipal purposes directly related to the plan, any conditions on the ownership use and maintenance of such lands shall be approved by the Town Board.
B.
Planned Unit Development (PUD) Zone.
(1)
General provisions.
(a)
Provisions are included for a planned unit development (PUD) Zone to permit establishment of areas in which diverse uses may be brought together in a compatible and unified plan of development which shall be in the interest of the general welfare of the public. The PUD is intended to promote site design and land use flexibility not feasible in other zones. In PUD Zones, land and structures may be used for any lawful purpose in accordance with the provisions set forth herein.
(b)
The classification of any property within the PUD Zone requires the undertaking of a two-step process involving the approval of both the Town Board and the Planning Board.
[1]
In the first step, the Town Board, in its legislative capacity, establishes the boundaries of the proposed PUD Zone and sets limits on the nature and range of uses, geometric and site controls, and overall project planning. The Town Board's action is in response to the applicant's submission of a general outline that sets forth the contemplated development for the proposed PUD Zone.
[2]
The Planning Board is delegated by the Town Board to be responsible in the second step for ensuring that the general outline approved by the Town Board is properly implemented. The Planning Board achieves compliance by reviewing and approving (if and when acceptable) the project plan submitted by the applicant. The project plan is the detailed narrative and graphic documentation for the development of the entire PUD Zone.
[3]
It is understood that certain public benefit features will be required to ensure that the quality of design and amenity are sufficient to justify the departure from conventional zoning restrictions. Emphasis on the preservation of natural site attributes will be accomplished through design and placement of structures which complement rather than conflict with the natural terrain and other natural features such as trees and watercourses.
(2)
Establishment by Town Board.
(a)
All Planned Unit Development (PUD) zones shall be established by the Town Board in accordance with the procedures set forth herein.
(b)
Establishment of a PUD Zone is a change to the Zoning Map and shall be made by the Town Board, pursuant to New York State Town Law and the following additional requirements:
[1]
Upon receipt of an application, the Town Board shall refer the PUD proposal to the Planning Board for its advisory opinion on the establishment of the PUD Zone. The Planning Board shall respond to the Town Board with a written report of its findings and recommendations within a time period established by the Town Board, to be not less than 30 days and not more than 90 days, unless modified by mutual agreement of the Town Board and Planning Board.
[2]
The Town Board is the lead agency for purposes of the New York State Environmental Review Act (SEQR) and shall determine the environmental significance of the proposed PUD Zone pursuant to SEQR and make the appropriate notification or referrals to the applicable municipalities or other levels of government.
[3]
Prior to any public hearing, the Town Board may meet informally with the applicant, the Planning Board, or other interested parties to discuss the PUD proposal.
[4]
Upon public notice of at least 10 days, the Town Board shall conduct a public hearing, after which and upon the consideration of the recommendations by the Planning Board and other agencies, it may vote upon the establishment of the PUD Zone.
[5]
The Town Board shall, in its resolution adopting the PUD Zone change, transfer the PUD Zone to the reviewing authority of the Planning Board for project plan approval and shall instruct the Planning Board of the specific uses, area, and other geometric controls to be maintained in the PUD Zone or in designated subareas and may stipulate project phasing and a timetable of Planning Board review. The resolution shall include a copy of the approved schematic plan of the proposed PUD Zone.
(c)
In order to obtain approval of the Town Board for establishment of a PUD Zone, the following documents shall be submitted:
[1]
A written narrative outlining the applicant's overall concept for the proposed PUD Zone, including but not limited to an explanation of how the proposed PUD conforms to the Town's Comprehensive Plan; the range and mix of land uses; development density; building types; impact upon existing and provision for public facilities, including traffic; points of access; parking; open space/recreation areas; and project financing and phasing.
[2]
A schematic plan of the site, drawn to scale, graphically depicting the land use, development, density, and improvements addressed in the applicant's narrative statement.
[3]
Appropriate environmental assessment forms, as determined by the Town, in accordance with SEQR. An Environmental Impact Statement (EIS) may be required.
[4]
A survey of the property or properties proposed for inclusion in the PUD Zone.
(d)
The Town Board may identify portions of a PUD Zone as discrete geographic subareas of the project. Such designated subareas may have land uses or standards different from the balance of the PUD Zone, provided that such designated subareas are fully integrated in the overall development for the entire PUD Zone.
(e)
The Town Board may establish the sequence in which development of a PUD Zone shall proceed by specifying the order in which subareas, sections, or phases of a PUD are to be developed. If not specified by the Town Board, the Planning Board may establish a sequence of project staging during project plan review.
(f)
If a proposed PUD Zone is to be undertaken in a staged development, the Town Board may stagger the schedule of the Planning Board's project plan approval to correspond with the approved project staging.
(3)
Approval by Planning Board.
(a)
Finalization of the PUD.
[1]
The PUD Zone regulations are effective to a specific site, and the Zoning Map is amended upon adoption of an approval resolution by the Town Board. No permits or other approvals may be issued until a project plan has been approved by the Planning Board.
[2]
Failure to obtain project plan approval within the required time limits shall cause the original authorization of the Town Board to lapse, and the Planning Board shall refer the property or properties to the Town Board for a zone change back to the original zone.
[3]
The project plan is a detailed narrative and graphic documentation for the development of the entire land area or of designated subareas within the PUD Zone and, unless otherwise specified, shall be approved, with modifications, or disapproved by the Planning Board within 180 days of the approval date of the PUD Zone by the Town Board and receipt of a complete application package.
[4]
The Planning Board shall evaluate the project plan in accordance with the resolution of the Town Board's authorizing establishment of the PUD Zone, applicable site plan review standards, subdivision standards, and all applicable laws, codes, and standards of Onondaga County and New York State.
[5]
Unless specified by the Town Board, the Planning Board shall be responsible to approve the schedule and order of development within the PUD.
(b)
Planning Board responsibilities.
[1]
The Planning Board may not specifically prohibit nor permit uses or structures not similarly authorized or prohibited by the Town Board.
[2]
The Planning Board shall ensure compliance of the project plan with the area and geometric controls specified in this section unless modified by the Town Board, and with the Town Board resolution establishing the PUD Zone.
[3]
Upon review by the Planning Board of all detailed site plans within the PUD, it shall determine:
[a]
Whether the detailed site plan is consistent with and carries out the intent of the project development plan as approved.
[b]
Whether, in the opinion of the Planning Board, arrangements for the ownership and maintenance of common land are workable and will result in the permanent preservation of such land for its indicated use.
[c]
Whether, if the application involves less than the total area of the planned unit development, the development proposed under the site plan could exist by itself as a unit capable of sustaining an environment of continuing quality and stability consistent with the project plan. Stages of total communities or new towns may be waived from this determination.
(c)
Project plan documents.
[1]
Project plans must include maps, drawings, and other materials that show:
[a]
Site plans for all construction for which building permits are sought and all adjoining or adjacent structures.
[b]
Landscaping plans showing all open space, plazas, malls, courts, and pedestrianways within or immediately surrounding the proposed construction.
[c]
Grading plans using United States Geologic Survey (USGS) datum showing existing and proposed topographic contours within and surrounding the proposed construction.
[d]
Improvement plans showing existing and proposed drainage, water and sanitary sewer facilities, easements if any, within or affected by the proposed development.
[e]
Vehicular and pedestrian traffic circulation plans showing proposed streets, points of access, sidewalks, and off-street parking and loading to serve any proposed building or facilities.
[f]
General floor plans and building elevations of proposed structures.
[g]
Other items as determined by the Planning Board including, but not limited to, lighting, snow storage, and signage.
[h]
Construction schedule, sequence of development, and project financing.
[i]
Designated area(s) reserved for parkland.
[2]
The Planning Board may require submission of additional material to explain and/or justify the project plan, which could include, but is not limited to, the following:
[a]
Information necessary to assure compatibility of the proposed project with adjoining existing uses and to Town planning objectives.
[b]
An explanation of the manner in which all requirements of the overall project plan and of other applicable regulations are to be met and in which adequate access for emergency vehicles and fire protection is to be maintained.
[c]
Payment-in-lieu-of-land for parklands.
[d]
Bonding security for proposed public improvements.
(d)
Project plan approval and SEQR compliance. Project plan approval is a Planning Board action, and separate from the Town Board establishment of the PUD Zone and shall be conducted in accordance with the applicable procedures and requirements, including New York State Town Law and SEQR. Separate environmental analysis of each project phase may be necessary to supplement the initial SEQR determination and findings made for establishment of the PUD Zone.
(4)
Performance standards.
(a)
Unless the Town Board establishes other controls or standards at the inception of the PUD Zone, the following shall apply uniformly to the entire PUD Zone or to designated portions.
(b)
Permitted uses.
[1]
The Town Board shall specify the permitted uses within the PUD Zone when such zone is initially established and may identify specific uses for lots or subareas within the PUD Zone. Where residential uses are permitted, the Town Board may establish the unit densities. If the Town Board chooses not to establish densities, the provisions of Subsection B(4)(d)[3] shall apply.
[2]
The PUD shall also be used to address uses, which, due to their size or character, have potentially significant impacts and require maximum review of location, scale, and design.
(c)
Minimum area.
[1]
No PUD Zone shall have a gross land area of less than 10 acres, exclusive of existing public rights-of-way.
[2]
Once established, a PUD Zone may be enlarged to include other contiguous areas regardless of their size. Such areas, if separated by a public right-of-way, may be considered contiguous if, in the opinion of the Town Board, the continuity of the original PUD Zone is maintained or enhanced.
(d)
Dimensional controls. Unless otherwise specified by the Town Board, the following shall apply:
[1]
Distance between buildings.
[a]
Front, rear, and side yards for residential uses shall be designed so that a building is not closer than 20 feet to any other residential building and 50 feet to any nonresidential building.
[b]
Front, rear, and side yards for nonresidential uses shall be designed so that a building is not closer than 30 feet to any other nonresidential building and 50 feet to any residential building.
[c]
For purposes of interpretation, a structure that contains both residential and nonresidential uses shall comply with the requirements of Subsection B(4)(d)[1][b].
[d]
Accessory structures shall be no closer than 10 feet to the principal structure with which they are associated and no closer than 20 feet to any other principal structure, and five feet to any other accessory structure.
[2]
Distance from lot lines. The minimum distance between any point on a principal structure and the lot line shall not be less than 10 feet.
[3]
Density of development. Unless the Town Board has established a minimum density pursuant to Subsection B(4)(b), all residential development shall provide an average density of 10,000 square feet of land per dwelling unit. Commercial and industrial uses shall maintain a minimum of 20,000 square feet of land per each building.
[4]
Lot coverage. Maximum lot coverage for all development within a PUD Zone shall not exceed 30% of the gross land area.
[5]
Height. The maximum height of all principal structures shall not exceed 35 feet for residential buildings, 40 feet for commercial or industrial buildings, and 15 feet for accessory structures.
[6]
Parking/loading. The provisions of § 235-21 of this chapter shall apply to PUD Zones. Shared parking and storage may be included in the calculation of the overall parking compliance.
[8]
Modifications and amendments.
(e)
Unless otherwise provided by the Town Board or Planning Board, all land use activities situated within and in existence on the effective date of the PUD classification or developed in accordance with an approved project plan may be altered or modified. Such modifications shall be subject to the approval of a project amendment by the Planning Board in the event of the following:
[1]
Change in type or location of approved land use.
[2]
Increase in floor area in excess of 10% of a principal or accessory structure.
[3]
Demolition of a principal structure, except where mandated by an appropriate official in the interest of public safety.
[4]
Establishment or realignment of new streets or other public/common areas.
[5]
Any change to landscaping, open space, parking, public facilities, or other improvements addressed in the project plan.
(f)
Any modifications not addressed or exceeding the limits established at the inception of the PUD Zone shall be reviewed and approved by the Town Board.
(g)
It is the intent of the PUD Zone that no nonconforming elements will exist within the zone. The flexibility of the land use and geometric controls and review procedures should prevent the creation of any nonconforming element. In the event that nonconformity does exist, any subsequent changes shall conform to the zone controls and shall be subject to an issuance of a project plan amendment by the Planning Board.