Montgomery City Zoning Code
ARTICLE III
Enumeration of Districts; Interpretation of Boundaries
§ 122-6 Enumeration of districts and subdistricts.
For the purposes of this chapter, the Village of Montgomery is hereby divided into classes of districts as follows:
A.
Residence and agriculture districts.
R-2 District (one-family residence on lot of 18,000 square feet) [Added 9-17-1996 by L.L. No. 6-1996] |
RA-3 District (residential agriculture — one-family residence on lot of 12,000 square feet) |
R-4 District (one-family residence on lot of 8,000 square feet) |
R-4A District (one-family residence on lot of 10,000 square feet) [Added 6-12-1972] |
R-5 District (one-family residence on lot of 5,000 square feet) |
R-6 District (one- and two-family residence on lot of 5,000 square feet) |
RM-1 District (multifamily residence on lot of 5,000 square feet) |
B.
Business and industrial districts.
B-1 District (neighborhood business) |
B-2 District (Village business) |
I-1 District (industrial park) |
I-2 District (Village industry) |
E.
Floating districts.
[Added 5-2-2006 by L.L. No. 3-2006]
(2)
A planned development district is considered a floating district in that the potential for one or more planned development districts exists in certain zoning districts of the Village of Montgomery, provided that the review and approval procedures and guidelines set forth in Article XIII, § 122-66, of this chapter are followed and final approval is issued by the Board of Trustees. Said final approval will cause the official Zoning Map to be amended so that the approved PDD becomes a new district governed by the content of the Board of Trustees approval that will set forth the allowable uses, area requirements and other restrictions pertaining to each PDD. A planned development district shall only be applicable to and available in the business and industrial districts of the Village.
§ 122-7 Interpretation of district boundaries.
A.
The boundaries of each of the districts listed in § 122-6 are hereby established as shown upon the duly adopted Zoning Map which accompanies this chapter and which, with all notations, references and other matters shown thereon, is hereby declared a part of this chapter.
B.
The district boundary lines, unless shown otherwise, are intended generally to follow street center lines, railroad rights-of-way boundary lines or their center lines, other similar right-of-way lines or lot lines or boundaries of subdivisions or municipal boundary lines, all as shown on the Zoning Map. Where a district boundary line does not follow such a line, but is shown parallel to such a line on the Zoning Map, the distance between the parallel lines shall be as dimensioned on the Zoning Map. Such dimensions shall be construed to read from the outside edge of all rights-of-way rather than from their center lines.
C.
Where the street layout actually on the ground varies from the street layout as shown on the Zoning Map, the designation shown on the mapped streets shall be applied in such a way as to carry out the Building Inspector's judgment as to the purpose and intent of the Zoning Map for the particular area in question.
D.
When the location of a district boundary line cannot be otherwise determined, the determination thereof shall be made by the Building Inspector by scaling the distance of the Zoning Map from a line of known location to such district boundary line.
E.
In the case of uncertainty as to the true location of a district boundary line in a particular instance, an appeal may be taken to the Board of Appeals, as provided in § 122-46.
F.
When a district boundary line divides a lot in a single ownership at the effective date of this chapter or any subsequent amendment thereto, the Board of Appeals may permit extension into one district of a lawful conforming use existing in the other district, as hereinafter provided in § 122-49D(1).
§ 122-7.1 Overlay districts.
[Added 4-16-1996 by L.L. No. 4-1996]
A.
Antique Overlay District. This district is an overlay of various residential areas which are considered to be appropriate for the introduction of small antique dealerships as home occupations. Residential uses are to remain the primary allowable use within the district with antique dealerships as home occupations being encouraged. Such home occupations have limited impact on residential uses, particularly along certain major roads.
(1)
The borders of the Antique Overlay District shall include all residential properties fronting on Union Street (NYS RT 211) from the south side of Charles Street to the north side of Dunn Road and all residential properties fronting on Bridge Street from the north side of Bachelor Street to the south side of Ward Street (NYS RT 17K).
(2)
The antique home occupation use shall not occupy more than 1/2 of the ground floor area of the dwelling.
(3)
The antique home occupation use shall not have a separate entrance or exit from the dwelling.
(4)
No outdoor displays of antique goods, wares or merchandise shall be permitted.
(5)
Each antique home occupation shall be permitted one announcement sign bearing either the business name of the antique home occupation or the word "Antiques," which must be securely affixed to the facade of the dwelling or securely attached to the dwelling so that no part of the sign projects over Village sidewalks or other public property. Such sign shall not exceed a maximum length of three feet nor a maximum width of 1 1/2 feet in size. All announcement signs shall be subject to review by the Architecture and Historic Review Board.
B.
Senior Citizen Development Overlay District. The standards for affordable senior housing developments shall be as follows:
[Added 9-2-2003 by L.L. No. 1-2003]
(1)
Application for site plan approval for the establishment of an affordable senior citizen housing development shall be made to the Planning Board. Such application shall include a site plan meeting all of the requirements of § 122-61F of this chapter.
(2)
It shall be the duty of the owner or his agent to file a certification with the Village Clerk and the Building Inspector indicating compliance with this Subsection B's requirements relating to the number of occupants and the age of the occupants in each dwelling unit. Such certification shall be filed no later than January 15 of each year. Failure to file such certification as required shall be deemed a violation of this § 122-7.1B, subject to penalties set forth in § 122-65 of this chapter.
(3)
No dwelling unit shall contain more than one bedroom; except that one dwelling unit for a superintendent may be provided, which unit shall consist of no more than three bedrooms.
(4)
The occupancy of affordable senior citizen housing units shall be limited to two persons who qualify as "senior citizens" under present, future or amended definitions of the governmental agency providing subsidiary or support to the project (Federal Department of Housing and Urban Development, New York State Division of Housing and Community Renewal or similar or successor agencies of the federal or state Governments) or to the families the head of which so qualifies; except that the occupancy of a dwelling unit by a family the head of which is younger than a senior citizen shall be permitted if it is established that the presence of such person is essential for physical care of an eligible occupant. In the absence of any definition, the minimum age for eligibility shall be 55 years.
(5)
Within the affordable senior citizen housing development, certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units, such as cafeterias, self-service laundries, lounges, game rooms or workshops, to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view, with no advertising. Such facilities shall be approved by the Planning Board. Approval of a site development plan for dwelling units in an affordable senior citizen housing development in no way constitutes approval for installation of any type of related facility.
(6)
The minimum lot size shall be three acres and the property must front on NYS Route 17K.
[Amended 2-5-2019 by L.L. No. 2-2019]
(7)
The gross density shall not exceed 24 dwelling units per acre.
(8)
The minimum distance between detached buildings shall be 40 feet.
(9)
The maximum building height shall be 40 feet or three stories.
(10)
The required side yard and/or rear yard may be decreased to five feet by the Planning Board.
(11)
The maximum size of a senior citizen dwelling unit for one bedroom shall be 700 square feet.
(12)
Lot coverage shall not exceed 35%.
(13)
Suitably equipped and adequately maintained recreation and open space shall be provided. Group sitting areas shall be well defined by walls, fences, hedges or other plantings designated to impart a sense of containment and/or security and to provide privacy.
(14)
There shall be provided a safe and convenient system of drives, service access roads and walks with due consideration given in planning such facilities to such items as handrails and ramps. Such facilities shall be adequately lighted and said lighting shall not be directed on adjacent streets or properties.
(15)
Central refuse collection areas shall be located for the convenience of all units. There shall be supplied an adequate number of covered receptacles, and these shall be provided with proper screening and maintenance.
(16)
The number of parking spaces shall be 0.5 per dwelling unit. Parking spaces shall be nine feet by 18 feet except handicapped spaces, which shall meet the standards for such spaces.
(17)
The title to affordable senior citizen housing developments shall be restricted so that, in the event of resale by the owner or any successor, the project shall remain an affordable senior citizen housing development for a period of 30 years from the date of issuance of the original certificate of occupancy.
(18)
The owner of an affordable senior citizen housing unit shall not make any internal or external structural improvements and/or changes to a unit without first obtaining the appropriate approvals and permits.
(19)
A site development plan of an affordable senior citizen housing development approved in accordance with these regulations shall remain valid for a period of two years following the approval of the site plan by the Planning Board and all other necessary governmental approvals as shall be needed to start construction. If, at the end of this two-year period, no application for a building permit has been filed, then the plan shall be considered as having expired and shall be of no effect. However, one one-year extension may be granted by the Planning Board if the developer shows reasonable grounds for delay in the start of construction. Furthermore, once a building permit is issued, if a substantial portion of the construction anticipated under said building permit is not commenced within one year of the issuance of the permit, the permit shall be void ab initio.
§ 122-7.2 Floating districts: planned development districts.
[Added 5-2-2006 by L.L. No. 3-2006]
A.
Purposes. The regulations for Planned Development Districts ("PDD") as set forth below are intended to provide a recognized and innovative zoning and planning technique for potential new development and/or redevelopment of areas located in the business and industrial districts within the Village that are specifically chosen by property owners or developers for well-designed projects that incorporate a mixture of compatible uses, economies of scale, environmental and community sensitivity, and creative architectural or planning concepts that are in accordance with the Village's economic and land use policies and goals. It is the intent of the PDD to provide for flexibility of use, area and site development restrictions in order to encourage responsible and high-quality developments that will be a lasting asset to the Village and the community in which they are situated. Each application for a PDD will be reviewed in detail and approved on a case-by-case basis to ensure that the purposes and intent of these regulations are met.
B.
Effect of PDD approval. The decision to approve a PDD is a legislative decision that amends the Zoning Map so that no PDD applicant is entitled to a proposed PDD project unless and until the Board of Trustees approves it. The approval of a PDD will create a new zoning district, on the parcel or parcels of property for which it is proposed, that will be governed by the terms, restrictions and conditions of the Board of Trustees approval for that particular PDD.
C.
Authorized uses within PDD. No use shall be established and no development shall be permitted in the PDD unless specifically approved pursuant to the procedures and standards set forth in this section. The specific uses to be allowed in the PDD shall be approved by the Board of Trustees. No use shall be approved as an allowable use within a PDD if it is found by the Board of Trustees to be contrary to the health, safety or general welfare of the residents of the Village. The general categories of allowable uses that can be incorporated in any PDD are as follows:
(1)
Commercial, including retail products and services (excluding wholesale).
(2)
Office, including professional and business (excluding large-scale medical clinics).
(3)
Single-family dwellings, including townhouses/condominiums.
(4)
Multifamily dwellings, including apartments and condominiums.
(5)
Recreational, including outdoor and indoor facilities (excluding arcades).
(6)
Mixed uses and mixed-use buildings (including any combination of above uses).
D.
Development density. The density of a proposed PDD development shall be set forth initially by the applicant as part of the PDD plan and application process and determined in the final instance by the Board of Trustees as part of the approval process. Generally, density of structures, infrastructure such as roads and parking lots, and other developed areas shall be appropriate for the site and the neighborhood in which the site is situated, taking into account availability of services, such as sewer and water, and ability to mitigate or contain environmental impacts.
E.
Ratio of mixed uses. The proposed PDD shall have an appropriate ratio of mixed uses that is appropriate and sustainable for its location, Village needs and market considerations. The actual ratio of mixed uses shall be specified by the applicant as part of the PDD application and approved by the Board of Trustees as part of the approval process.
F.
Development standards and guidelines.
(1)
Unified control. No application for a PDD shall be accepted or approved unless all of the property included in the application is under unified ownership and/or control by the applicant.
(2)
Minimum area. Since the PDD technique is intended to apply to a variety of potential types of development, no minimum area is required, provided the applicant demonstrates that the proposed PDD has an adequate area in which to provide a development that meets the purposes and requirements of this section.
(3)
Preservation of natural features. Significant natural features of a proposed site for a PDD shall be preserved whenever possible for purposes of:
(a)
Enhancing the quality of development.
(b)
Providing adequate screening and buffering between new development and surrounding properties.
(c)
Preserving the character of existing neighborhoods or improving such character.
(d)
Protecting important environmental resources.
(e)
Providing for natural channels and water quality filters for stormwater, such as vegetation along stream corridors, wetlands, and permeable surfaces.
(4)
Preservation of historic resources. Whenever a proposed site for a PDD has existing historic buildings, structures or sites of significance located thereon, such resources shall be preserved and incorporated in the design wherever possible.
(5)
Integrated architectural design. If a mixture of uses is proposed, the PDD and the plan for its development should integrate the architectural design for buildings, structures, landscaping, infrastructure facilities and common areas so that the development is of a cohesive design and that such design is appropriate for the Village. The design of any residential buildings must comply with the guidelines set forth in § 122-9. The design of any commercial or industrial buildings must comply with the design guidelines set forth in § 122-11.
[Amended 10-3-2023 by L.L. No. 1-2023]
(6)
Pedestrian system. Provision shall be made for a pleasing and accessible pedestrian system within the proposed site and access from without.
(7)
Streets. The PDD and the plan for its development shall provide an appropriately designed traffic system that allows for ease of access to and circulation within the PDD. Such system shall take into account current traffic flows and volume as well as that which may be generated by the PDD. Access points shall be designed to provide smooth flow, controlled turning movements and minimum hazard to vehicular and pedestrian traffic.
(8)
Off-street parking and loading. The proposed development shall comply with the off-street parking and loading standards set forth in Article VII of this chapter unless it is shown that a deviation from those standards is warranted and is specifically approved during the PDD approval process. Generally, adequate parking and loading facilities must be provided for on site with minimum disruption to traffic circulation and with no increase to off-site parking.
(9)
Utilities. Underground on-site utilities are required, including telephone, electric, cable, water distribution laterals and sewer collection laterals.
(10)
Lighting. All lighting shall be arranged so as to prevent direct glare or hazardous interference from the lighting for the proposed development to adjoining streets or properties.
(11)
Common areas; open space; recreation areas. Depending on the size of the proposed PDD and the number of residential units or square footage of commercial space proposed, provision shall be made for common areas, open space and recreational amenities for residents, tenants and invitees of the PDD. Pedestrian walkways, recreational buildings and facilities, natural open space areas, sitting areas, natural habitats, parks and playgrounds are considered suitable amenities depending on the density and mixture of uses of the proposed development. Integration of various amenities throughout the development plan is encouraged.
(12)
Ownership and maintenance. All common areas and amenities shall be owned and operated by an appropriate legal entity that will exist in perpetuity. The conveyance of individual parcels within a PDD may be acceptable, provided provision is made for continuity of restrictions and controls in the form of deed covenants, restrictions and easements. The post-development ownership and maintenance plan shall be part of the application and approval process. Said post-development plan shall include a mechanism that will provide unified control and authority over the operations of the development so that there is one entity or individual that is responsible for enforcing the terms and conditions of the PDD approval for all tenants, homeowners, business owners and other users of the PDD.
(13)
Development phasing. The development of a PDD may be proposed and approved in phases. A phasing plan shall be submitted to the Board of Trustees as part of the PDD application materials if development phasing is contemplated by the applicant. The Board of Trustees 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 must be related to surrounding areas and available public facilities in such a manner that failure to proceed to subsequent phases will not adversely affect those areas or facilities.
(b)
Each phase, when completed, must be able to fully function on its own or in conjunction with prior phases without dependence on subsequent phases, and each phase, shall be fully completed prior to the final approval of subsequent phases.
(c)
The infrastructure, as installed, shall be sufficient to accommodate each planned phase of development.
(d)
Each phase shall have an appropriate ratio of the various uses proposed for the development.
(14)
Construction schedule. The applicant shall propose and the Board of Trustees shall review and approve a construction schedule for the development of an approved PDD. Generally, commencement of development of the PDD, or the first phase if a phased PDD is approved, must occur within three years of the date that the final site plan of the PDD 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 Board of Trustees may modify the time period allowed for commencement of construction depending on the circumstances of each PDD.
G.
Application procedures.
(1)
Sketch plan. An application for a PDD approval starts with submission of and review of a sketch plan pursuant to the requirements and procedures set forth below. If the Board determines that the proposal does not merit further review because it does not meet the objectives of this chapter and the PDD, no further action on the application shall be taken.
(a)
Required submissions for sketch plan conference:
[1]
Sketch plan drawn to at least approximate scale of the proposed PDD showing at least the following:
[a]
Parcel or parcels to be included in PDD.
[b]
The location of the various uses and their areas.
[c]
Approximate location of significant natural and man-made features of land, such as wetlands, streets, easements, buildings, etc.
[d]
Proposed layout of structures, roads and other features.
[e]
Current owners of parcel(s) to be included in PDD.
[2]
Written narrative or statement of what is to be proposed and the merits of such proposal. Said statement shall be of sufficient detail and scope to provide a well-developed concept of the proposal and must include, at a minimum, the following:
[a]
Total number of acres proposed for the PDD.
[b]
Type of uses proposed and ratio of mixed uses.
[c]
Number of residential and commercial units.
[d]
Preliminary density calculations (dwelling units per acre/square footage of commercial space per acre).
[e]
An explanation of how the developer's particular mix of land uses meets existing community needs and goals.
[f]
A summary of the operation and ownership arrangements during development and post-development phases.
[g]
A summary of the infrastructure needed and/or available with respect to transportation, roads, water, and sewer.
[h]
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.
[i]
Recreational facilities and/or amenities that will be included in the PDD plan.
[j]
General description of type of architectural and planning design standards to be proposed as part of the PDD plan.
[k]
General description of existing land uses on parcels adjacent to the proposed PDD site.
[3]
Sketch plan fee of $350 which is nonrefundable.
(b)
The requirements in Subsection G(1)(a) above are the minimum requirements necessary in order for the Board of Trustees to schedule a conference. The applicant may provide more detail than that indicated above.
(c)
The Board of Trustees may require the applicant to meet with any Village staff and/or consultants that the Board deems appropriate in order to facilitate the submission of a complete and suitable application.
(d)
Sketch plan conference.
[1]
In this initial stage of review the applicant must meet with the Board of Trustees in order to discuss the proposed project and to allow the Board of Trustees and the developer to reach an understanding on basic requirements prior to detailed design investment. The Board of Trustees shall schedule a conference with the applicant within 31 days of the submissions as set forth above.
[2]
The applicant shall attend the sketch plan conference and make a presentation to the Board of Trustees describing the PDD proposal. The intent of this conference is to provide the Board of Trustees with sufficient information and description of the proposal in order for the Board to preliminarily decide whether the proposal has merit for a PDD and whether to allow the applicant to proceed to the next stage of review.
[3]
The Board of Trustees shall, within 45 days from the date of the conference, make a preliminary determination as to whether the applicant may move on to next stage of the application process and submit a PDD application pursuant to Subsection G(2) below. The Board of Trustees may provide the applicant comments and direction in whatever detail it deems appropriate regarding the content, design, allowed uses, ratio of mixed uses, and project size and scope that the Board will find appropriate for the formal application stage. Although said preliminary determination will not commit the Board of Trustees to any specific course of action on the PDD to be requested, the sketch plan process is intended to advise the applicant as to what may be generally acceptable and not acceptable to the Board so that the applicant has a general understanding of what is expected in the next stage of review. Generally, said preliminary determination may include the following:
[a]
An identification of issues or PDD features that must be addressed in the PDD design and application materials, such as specific infrastructure, design and environmental issues.
[b]
A general assessment of what uses and ratio of mixed uses would be acceptable in the location proposed.
[c]
An identification of the types of supporting documentation and studies that will be required for submission and their general breadth and scope.
[d]
An identification of involved agencies and the approval jurisdiction that each may have with respect to aspects of the proposal.
[e]
A preliminary assessment of issues regarding compatibility or potential incompatibility with surrounding existing land uses and/or neighborhoods and proposed uses.
[4]
The time in which the preliminary determination must be made may be extended upon consent from the applicant.
[5]
If it is determined by the Board of Trustees that the sketch plan proposal does not have merit for further review as a PDD, the applicant may submit a new proposal for another sketch plan conference but may not submit a formal PDD application.
(2)
PDD application.
(a)
If the Board of Trustees has preliminarily determined that the proposed PDD does have merit for further review, the applicant may submit a formal application for a PDD that meets the submission requirements set forth below and is consistent with the preliminary determination of the Board pursuant to the sketch plan conference.
(b)
Required submissions for a PDD application. The following is intended to set forth a comprehensive list of required submissions for a PDD proposal of significant complexity, size and scope. The Board of Trustees shall have the authority to waive certain requirements that it deems unnecessary or inappropriate given the size, scope and complexity (or lack thereof) of the PDD actually proposed. It is intended that the required submissions be tailored to the actual proposal so that unintended and/or unnecessary costs in preparing submission materials are eliminated in the application process to the extent practicable. The submission materials, however, are to be complete and comprehensive with respect to the particular PDD project proposed, so that the Board of Trustees has the opportunity to make its decision on an appropriate record of information.
[1]
PDD preliminary site plan: a schematic site plan, of one or more sheets, drawn to a scale of not less than one inch to 100 feet, which shall show at a minimum the following information:
[a]
Boundaries and total acreage of proposed area to be considered for the PDD.
[b]
Location of environmental features of land comprising the proposed PDD, including but not limited to wetland areas, ponds, streams and drainageways, tree stands and hedgerows, topography (of contour intervals of not less than 10 feet), and any other existing natural features, with identification of what is to be preserved and/or removed.
[c]
Location and description of all existing man-made features on the site proposed for the PDD and on all properties adjacent to the boundaries of the proposed PDD, such as land uses, structures, driveways or streets, wells, sidewalks, easements and common areas, with identification of what is to be maintained, altered and/or removed.
[d]
Layout of proposed development including the location, areas and dimensions of proposed uses, structures, access and internal roads, parking areas and spaces, water and sewer system facilities and laterals, and all other site development features.
[e]
Location, area and features of each development phase if the development is proposed to be constructed in phases.
[2]
Design drawings/guidelines: proposed architectural drawings and guidelines applicable for all structures proposed within the PDD, including a general narrative description of the type of architecture proposed and how it compares to the existing architectural features of nearby areas and proposed signage and/or signage regulations.
[3]
Landscape plan: a general but complete plan of the significant landscape features, including buffer areas, screening and aesthetic features.
[4]
Stormwater drainage plan with supporting engineering documentation regarding the sufficiency of existing receiving channels or areas and/or mitigation measures.
[5]
Traffic studies and plans.
[6]
Lighting plan.
[7]
Utility plan and report establishing either that existing capacity exists for the PDD or the required improvements proposed.
[8]
A written description (written narrative and visual) that includes the following:
[a]
Request for PDD with signatures of all parties having an interest in the subject property or properties.
[b]
Existing ownership of land proposed to be included in PDD.
[c]
Proposed ownership of post-development PDD, including description of organization(s) to be utilized to own, maintain and manage common areas, commercial space, residential units, and infrastructure improvements and whether certain structures or parcels within the PDD will be offered for sale or conveyance to third parties.
[d]
The proposed mixture of uses.
[e]
Density calculations.
[f]
Phasing plan, if any, including timing of phases.
[g]
Proposed offers of dedication of land, improvements and/or easements.
[h]
Post-development deed covenants, conditions and/or restrictions applicable to individual properties within the PDD or to the entire PDD.
[i]
Schedule of general improvements to constitute a part of the development, including, without limitation, signage, lighting, utilities, and features designed to address noise, visual screening, drainage, etc., if not already addressed in other submission materials.
[j]
An assessment of whether the proposed uses within the PDD are compatible with surrounding properties and uses (providing support for such conclusion) or, if not compatible, what measures or design features are included in the design of the PDD to enhance compatibility or mitigate incompatibility.
[k]
An assessment of whether the proposed PDD is consistent or compatible with the overall character of the surrounding area and Village and, if not consistent or compatible, the reasons why or what measures are included in the PDD proposal to enhance compatibility or mitigate incompatibility.
[l]
Proposed local law that amends Village Zoning Map.
[9]
Full EAF or draft environmental impact statement.
[10]
Application fee: a nonrefundable fee in the amount of $750 plus a deposit in an amount sufficient to reimburse the Village for reasonably estimated costs, including fees of consultant(s) to be retained by the Board of Trustees in order to assist the Board in reviewing the PDD application. Said amount shall be based on the specific fee schedule of the particular consultant or consultants retained as well as the scope of services to be provided by such consultant(s). The Board of Trustees shall hold such deposit in escrow for the sole purpose of paying the costs and fees of the consultant(s) retained for review of the PDD proposal. The consultant retained shall provide the Board of Trustees with detailed invoices showing the services rendered for the time period billed, and the Board shall provide the applicant with an opportunity to review said invoices prior to payment. Additional deposits may be required as the review process continues.
(c)
Procedures.
[1]
First meeting. The Village Board of Trustees shall review the application materials submitted and make a determination as to whether the application is complete for commencement of the PDD review process. In order for an applicant to be on the agenda of a special or regular Board of Trustees meeting, all application materials must be submitted at least 10 days prior to the next scheduled meeting.
[2]
The Board of Trustees shall have 31 days from the first meeting at which the PDD application is on the agenda in which to determination whether the submitted materials and documents constitute a complete application.
[a]
If the Board determines that the application is incomplete, it shall advise the applicant, in writing, as to what documents or materials are missing or what the deficiencies in the submitted materials or documents are. Upon resubmission of the application or missing materials, the Board shall have the same time period as set forth above in which to determine completeness of the application materials.
[b]
If the Board determines that the application is complete, it shall:
[i]
Refer a complete copy of the application materials to the Village Planning Board for its recommendation, and the Planning Board shall have 45 days from its receipt of the application materials in which to make a recommendation to the Board of Trustees with respect to the proposal.
[ii]
Refer a complete copy to the County Planning Commission, if applicable, and any other agency that has approval jurisdiction over any aspect of the proposal.
[iii]
If not already performed, identify or retain a consultant or consultants in which to assist the Board in reviewing the application and advise the applicant as to the estimated cost of consultant fees, the fee schedule and scope of services of the consultants selected and the amount of deposit to be submitted for payment of such consultant fees.
[c]
Planning Board recommendation. The date of Planning Board receipt of the application shall be the next regular meeting of the Planning Board. The applicant may attend such meeting in order to explain the proposal and answer any questions the Planning Board may have. The Planning Board shall review the proposal and provide the Board of Trustees with its recommendation as to whether or not the proposal should be approved as a PDD and any issues or concerns the Planning Board has on any aspect of the proposed PDD. The Planning Board shall forward its recommendation to the Board of Trustees within 45 days of its receipt of the application referral. The Board of Trustees shall consider the Planning Board recommendation but need not follow it.
[3]
Public hearing. The Board of Trustees shall schedule a public hearing on the proposed zone change of the property to PDD in the same manner as an amendment to this chapter. The public hearing shall be scheduled within 31 days of its acceptance of a complete application and receipt of the Planning Board referral recommendations, whichever last occurs. The public hearing may be scheduled prior to completion of the SEQRA process or in conjunction with the public hearing on the draft environmental impact statement if the Board finds that the public hearing may assist in its environmental review.
[4]
Decision on PDD proposal. Within 62 days after the close of the public hearing the Board of Trustees shall decide whether to grant approval of the proposed PDD pursuant to the reasonable terms, conditions and requirements it deems appropriate. The decision to grant approval of the PDD shall amend the Village Zoning Map as a PDD for the subject property, subject to the terms and conditions of its approval. In rendering its decision on whether to disapprove or to grant approval of the proposed PDD, the Board of Trustees may consider the following guidelines, among others:
[a]
The need for, or suitability of, the proposed land use or uses in the subject location.
[b]
The compatibility of the proposed PDD with the surrounding area or neighborhood in which the PDD will be located.
[c]
The safeguards provided or conditions required so as to minimize possible detrimental effects or impacts that the proposed PDD may have on adjacent properties, the surrounding area in general and the Village at large.
[d]
Adequacy of drainage, water supply and sewerage disposal facilities, traffic access and municipal services that may be required.
[e]
Whether a positive or beneficial increase in tax base can be expected when compared with cost of municipal services to be provided.
[f]
Whether the proposed PDD will further the general welfare of Village residents with sufficient protection for the health and safety of Village residents.
[5]
Conditions. The Board of Trustees, as part of its decision and approval of the PDD, may set forth any conditions that are reasonably related and incidental to the proposed project, to the mitigation of potential impacts and/or in furtherance of the guidelines set forth above or specified in rendering its decision.
[6]
Instructions for final site plan review and approval. As part of its decision, the Board of Trustees shall specify, with sufficient detail, the modifications to the site plan, if any, that the Board requires, the construction drawings or engineering plans for the infrastructure for the project, the phasing of construction of the project and any other aspects of the project requiring further review. The Board of Trustees shall delegate the further review and approval of the final site plan and other associated drawings to the Planning Board with specific instructions as to the scope of the Planning Board review.
[7]
Effect of decision. The Board of Trustees' decision to approve the PDD has the effect of amending the Zoning Map with respect to the property approved for the PDD so that the conditions, restrictions and terms of the PDD decision replace the zoning regulations for that PDD district. Such terms, conditions and restrictions run with the land and are enforceable by the Village in the same manner as any other zoning regulations and approval conditions so that all future owners, operators, managers and occupiers shall be subject to same. Such approval and any of its terms, conditions and restrictions may only be amended or modified pursuant to an application for a PDD amendment, which shall follow the procedures and guidelines set forth in this section. It is the intention of the PDD procedures that at the time of the Village Board of Trustees' decision to approve the PDD and rezone the property as set forth above, the Village and the applicant has committed to the PDD in sufficient detail in which to review and administer the actual development of the PDD site pursuant to the terms, conditions and restrictions of the PDD approval.
(3)
Final site plan review. The final site plan review and approval process is to ensure that the planned construction and operation are in compliance with the PDD approval with respect to all of the development details.
(a)
Submission requirements. The applicant shall submit final plans, drawings and materials as defined by the Board of Trustees as part of its PDD approval described in Subsection G(2)(c)[6] above. Generally, these will include construction drawings and details for either the first phase or the entire project as well as such other information that is specified by the Board of Trustees or the applicant during the PDD application process. The applicant shall submit such final site plan within six months of the PDD approval. The time for submission may be extended at the discretion of the Board of Trustees.
(b)
Consultant fees. The Board of Trustees will specify that the applicant shall submit either the site plan review fees pursuant to the fee schedule for site plan review or shall reimburse the costs of Village consultants for the final site plan review and inspection fees, if any, as set forth in Subsection G(2)(b)[10] above.
(c)
First meeting. The Planning Board shall review the application materials submitted and make a determination as to whether the application is complete for commencement of the final site review process. In order for an applicant to be on the agenda of a special or regular Planning Board meeting, all application materials must be submitted at least 10 days prior to the next scheduled meeting.
(d)
Review process. The Planning Board shall review and approve, approve with modifications, or deny the final site plan and all of its components within 90 days of the complete submission. The applicant shall attend the meetings held on the final site plan. No public hearing is required.
(e)
Phases. The final site plan may be reviewed and approved in phases pursuant to the standards set forth in Subsection F(13) above and the specific requirements of the PDD approval.
(f)
Approval. The Planning Board shall approve the final site plan if the final site plan, for the entire project or a particular phase of the project, is in accordance with the PDD approval. Further reasonable conditions or modifications may be placed on the final site plan approval consistent with the PDD approval. Also, the Planning Board may approve minor changes to the site plan that are requested by the applicant, as necessary and/or appropriate, based on site conditions that are found subsequent to the PDD approval. Such minor changes may include the minor realignment of roads, infrastructure, and building sites and/or minor reduction in the number of residential units or commercial space. Any major modification or increase in residential units or commercial space will have to be referred to the Board of Trustees for its review and consent.
(g)
Filing of site plan. Once the final site plan is approved, it shall be endorsed by the Planning Board Chairman.
(h)
Commencement of development. The construction and/or implementation of the PDD development shall not commence until the final site plan is approved and all conditions that are to be satisfied prior to construction are satisfied.
H.
Expiration of approvals. Any PDD that has received final site plan approval by the Planning Board shall automatically expire three years after such approval is granted if no substantial construction of the PDD has commenced. For the purposes of this subsection, "substantial construction" shall mean installation of 50% of the required infrastructure, whether intended to be public or privately owned. Upon expiration of a PDD, the Board of Trustees shall amend the Zoning Map to designate the Zoning District of the lands encompassed by the expired PDD. In addition, any PDD existing as of the date of the adoption of this subsection that has already exceeded the three-year expiration period stated herein shall have three years from the effective date of this subsection to complete "substantial construction" as that term is defined herein.
[Added 7-6-2021 by L.L. No. 3-2021]