Moreau City Zoning Code
ARTICLE IV
Applicability; Use Regulations
§ 149-9 Applicability.
Except as hereinafter provided, no land shall be used or occupied, and no building, structure or part thereof shall be erected, moved or altered except in conformity with all provisions contained in this chapter relating to the zoning district in which the land, water, site, structure or use is located or proposed to be located and with all other regulations specified herein.
§ 149-10 Space and construction regulations.
[Amended 6-14-2022 by L.L. No. 3-2022]
Except as herein provided, no building or structure shall be hereafter erected, moved or altered to exceed the maximum permitted height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards or side yards than is specified herein for the district in which such building or structure is located. All large development projects within one-half mile to existing water and/or sewer shall be required to connect to these utilities.
§ 149-11 Yard and open space requirements.
No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
§ 149-12 Issuance of building permit.
Before the construction or alteration of any building or structure or any part of either, the owner or lessee thereof, or the agent of such owner or lessee, or the architect or builder employed by such owner or lessee, in connection with the proposed construction or alteration, shall obtain a building permit as specified in Article XI of this chapter, signifying that the building or structure and proposed use thereof complies with the provisions of this chapter and the Building Code of the Town of Moreau.[1] The building permit shall be displayed prominently at the site of the construction or alteration.
§ 149-13 Issuance of certificate of occupancy.
No land shall be changed in use and no building or structure hereafter erected, altered or extended or changed in use until a certificate of occupancy has been issued, as specified in Article XI of this chapter, signifying that such use or change in use complies with the provisions of this chapter.
§ 149-14 Schedule of regulations.
The regulations limiting the use of buildings and land and the bulk and arrangement of buildings are set forth in the attached schedules for each of the districts established by Article III of this chapter. Such schedules are hereby adopted and declared to be a part of this chapter; such schedules are hereinafter referred to as "schedules" and may be amended in the same manner as any other part of this chapter. Wherever in such schedule there appear the words "same as in (symbol of district)," such words shall be construed to include the specific limitations as set forth in the same column for the district thus referred to, unless other limitations are shown in the schedule. Otherwise, all limitations as to use, percentage of area, permissible height, required yards and minimum sizes thereof and other requirements shall be those set forth in such schedule which, for each district named, shall be read across the schedule from left to right.[1]
[1]
Editor's Note: The schedules are included at the end of this chapter.
§ 149-15 One-Family Residential Districts (R-1).
A.
Purpose. R-1 Districts are established single-family residential neighborhoods where the character is single-family detached residences on standardized lots. This character will be strictly reinforced and preserved throughout the R-1 Zone.
B.
Use regulations. Permitted, accessory and special permit uses in R-1 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations in R-1 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
§ 149-16 One- and Two-Family Residential Districts (R-2).
A.
Purpose. R-2 Districts are generally suburban in character and are dominated by single-family detached residences. They are located adjacent to the most heavily built-up areas of town and are generally suitable for residential development.
B.
Use regulations. Permitted, accessory and special permit uses in R-2 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations in R-2 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
§ 149-17 Agriculture and One-Family Residential Districts (R-3).
[8-25-2020 by L.L. No. 3-2020]
A.
Purpose. R-3 Districts encompass outlying areas of town which are best suited for agriculture and residential development on large lots, due either to limiting soil conditions or existing community character.
B.
Use regulations. Permitted, accessory and special permit uses in R-3 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations in R-3 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
§ 149-18 Agriculture and One-Family Residential Districts (R-4).
[8-25-2020 by L.L. No. 3-2020]
A.
Purpose. The R-4 District encompasses areas of unique natural resources and scenic beauty. Development in this district is limited to sparse densities to preserve and enhance the rural and open space character of the Town.
B.
Use regulations. Permitted, accessory and special permit uses in R-4 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations in R-4 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
§ 149-19 Agriculture and One-Family Residential Districts (R-5).
[8-25-2020 by L.L. No. 3-2020]
A.
Purpose. The R-5 District encompasses the bulk of active agricultural land in the Town. The purpose of this district is to promote, enhance and protect agriculture by limiting development.
B.
Use regulations. Permitted, accessory and special permit uses in R-5 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations in R-5 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
§ 149-20 Multifamily Dwelling, One- and Two-Family Residential Districts (UR).
A.
Purpose. The UR District is designed to provide for the demand for high-density, multifamily housing in areas located near existing services. Because of limiting soils conditions, multifamily development will only be allowed with the provision of public water and sewer services.
B.
Use regulations. Permitted, accessory and special permit uses in UR Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations in UR Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
§ 149-21 General Commercial Districts (C-1).
A.
Purpose. The C-1 Districts are those areas where intense commercial development exists or is anticipated. Site plan review is required for all uses in order to create coherant and safe traffic patterns, efficient loading and unloading, an aesthetically pleasing shopping environment and safe pedestrian circulation.
B.
Use regulations. Permitted, accessory and special permit uses in C-1 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations in C-1 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
§ 149-21.1 Commercial and Communications Districts (CC-1).
[Added 4-7-1998 by L.L. No. 4-1998]
A.
Purpose. The CC-1 Districts are those areas where telecommunications towers and related equipment are allowed by special use permit only. Site plan review is required for all uses.
B.
Use regulations. Permitted, accessory and special permit uses in CC-1 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations in CC-1 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
§ 149-22 Neighborhood Commercial Districts (C-2).
A.
Purpose. The C-2 Districts are designed to enable residents of the town's outlying areas to obtain staples, necessities and other goods from small-scale neighborhood-oriented shopping areas without traveling to major commercial centers.
B.
Use regulations. Permitted, accessory and special permit uses in C-2 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations in C-2 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
§ 149-23 Residential and Professional Districts (C-3).
A.
Purpose. The C-3 District is designed to allow productive use of established single-family residences along the major Route 9 corridor without infringing on the character of the neighborhood.
B.
Use regulations. Permitted, accessory and special permit uses in C-3 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations in C-3 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
§ 149-24 General Manufacturing and Industrial Districts (M-1).
A.
Purpose. The M-1 District provides for the maintenance and expansion of heavy industry and large-scale manufacturing without competition from other uses. Site plan review is required for all uses in the M-1 District.
B.
Use regulations. Permitted, accessory and special permit uses in M-1 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations in M-1 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
§ 149-25 Light Manufacturing and Industrial Districts (M-2).
A.
Purpose. The M-2 District provides for the establishment of light manufacturing, industry or storage uses or offices without competition from competing uses. It is located adjacent to Route 9 and Exit 17 of the Northway to allow convenient access to industry to receive and disperse materials. Site plan review is required for all uses in the M-2 District.
B.
Use regulations. Permitted, accessory and special permit uses in M-2 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations in M-2 Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
§ 149-26 Resource Protection Districts (RP).
A.
Purpose. The RP Districts encompass areas that have serious physical limitations or unique characteristics that warrant restricting development to very low densities.
B.
Use regulations. Permitted, accessory and special permit uses in RP Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations in RP Districts shall be as set forth in the Schedule of Regulations included at the end of this chapter.
§ 149-27 Planned Unit Development Districts (PUD).
A.
Intent.
(1)
It is the intent of this Planned Unit Development District (PUD) section to provide flexible land use and design regulations to provide for the rezoning of land to residential, commercial and industrial development zones, either jointly or separately in conformance with provisions and standards which ensure compatibility among all the land uses, foster innovation in site planning and development and encourage sound design practices. Provision is included for planned unit developments 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. This section specifically encourages innovation in residential development so that the growing demand 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.
(2)
This section recognizes that, while the standard zoning function and the subdivision function are appropriate for the regulation of the land use in areas of neighborhoods which are already substantially developed, these controls represent a type of preregulation, regulatory right and uniformity which may be inimical to the techniques of land development contained in the planned unit development concept. Further, this section recognizes that a rigid set of space requirements, along with bulk and use specifications, would frustrate the application of this concept. Thus, where planned unit development techniques are deemed appropriate through the rezoning of land to a Planned Unit Development District by the Town Board, the set of use and dimensional specifications elsewhere in the chapter are herein replaced with an approval process in which an approved plan becomes the basis for continuing land use controls.
(3)
While the provisions for a PUD constitute a section of this Zoning Law, they do not apply to a specific area until established by a resolution of the Town Board. Planned unit developments are allowed in all zones except the R-1, RP and W Districts.
(4)
In no case shall the regulations of this section be so interpreted as to circumvent the benefits of this chapter to the residents or occupants of adjoining properties.
B.
Objectives. In order to carry out the intent of this section, a planned unit development shall achieve the following objectives:
(1)
A maximum choice in the types of environment, occupancy tenure (e.g., individual ownership, condominium, leasing) of housing or sizes and community facilities available to existing and potential town residents at all economic levels.
(2)
More usable open space and recreation areas.
(3)
More convenience in location of industrial, commercial and service areas.
(4)
The preservation of trees, outstanding natural topographic and geologic features and the prevention of soil erosion.
(5)
A creative use of land and related physical development which allows an orderly transition of land.
(6)
An efficient use of land resulting in smaller networks of utilities and services, and thereby lower housing costs.
(7)
A development pattern in harmony with the objectives of the Master Plan.
(8)
A more desirable environment than would be possible through the strict application of other sections of this chapter.
C.
General requirements.
(1)
Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or 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. Leaseholds shall be for a period of at least 50 years. All approved plans shall be binding on all successors of the applicants.
(2)
District standards. The standards for Planned Unit Development Districts are to provide the Planning Board and the Town Board with a means of evaluating applications for the districts, considering the provisions and general intent of this chapter. The Town Board may modify these standards based on a review of written justification for such modification provided by the applicant.
(a)
Residential standards.
[1]
Permitted uses shall be a variety of uses, such as but not limited to:
[2]
Area, yard, coverage and supplementary regulations shall be as follows:
[a]
District area: a minimum of 10 acres.
[b]
Nonresidential density: 40,000 square feet of land for each 10,000 square feet of building.
[c]
Density for a detached one-family dwelling: two units per net acre.
[d]
Density for a two-family dwelling: two units per net acre.
[e]
For a one-family dwelling (attached Townhouse or multifamily dwelling), innovative uses of land will be considered, but a density of more than eight dwellings per net acre will require exceptional justification.
[f]
In computing the total net acreage of a planned unit development site, deduct all acreage considered unable to be developed due to a steep slope (25% or greater), wetlands and watercourses, all acreage to be dedicated as common or public open space or recreational lands and 20% of the total site for the provision of streets and other public facilities. Innovative approaches may receive special consideration.
[g]
For minimum yard requirements, no specific setback minimum is required. Acceptability of the plan will depend upon adequacy of space, accessibility to emergency equipment, visual impact, use of fences, plantings, etc., in terms of the purpose of the proposal. No building shall be closer than 25 feet to a public street.
[h]
Maximum building coverage of any single lot or the district as a whole: 30%.
[k]
Common open space: An area in addition to required lot area, equal to 15% of the gross development area, may ordinarily be developed and maintained. Such space may be developed for recreational activities appropriate to the nature of the project. Exceptional cases and tradeoffs in terms of nearby facilities may be considered.
[Amended 12-26-2006 by L.L. No. 3-2006]
[m]
Landscaping: Adequate landscaping should be provided to reduce the visual impact of off-street parking areas and to provide a logical transition between the PUD District and surrounding areas.
(b)
Commercial standards.
[1]
Permitted uses shall be uses such as but not limited to the following. A use not listed may be permitted after review and approval by the Town Board.
[2]
Area, yard coverage and supplementary regulations shall be as follows:
[a]
District area: a minimum of 10 acres.
[b]
Minimum district width: No specific minimums are established. Each project will be judged in terms of design, access, safety, visual impact and impact on neighboring residential uses.
[c]
Minimum district depth: No specific minimums are established. Each project will be judged in terms of design, access, safety, visual impact and impact on neighboring residential uses.
[d]
Minimum front yard: No specific minimums are established. Each project will be judged in terms of design, access, safety, visual impact and impact on neighboring residential uses.
[e]
Minimum rear yard: No specific minimums are established. Each project will be judged in terms of design, access, safety, visual impact and impact on neighboring residential uses.
[f]
Minimum side yard: No specific minimums are established. Each project will be judged in terms of design, access, safety, visual impact and impact on neighboring residential uses.
[g]
Minimum coverage of any single lot, or the district as a whole: 40%.
[k]
Landscaping: Adequate landscaping should be provided to reduce the visual impact of off-street parking areas and to provide a logical transition between the PUD District and surrounding areas.
(c)
Industrial standards.
[2]
Area, yard, coverage and supplementary regulations shall be as follows:
[a]
District area: a minimum of 10 acres.
[b]
For lot area, width, depth, front yard, rear yard and side yard, no specific minimum acres or distances are required. An application will be judged on design as it provides satisfactory visual effect, safety, access and its impact on neighboring land use.
[c]
Maximum coverage of any single lot, or the district as a whole: 40%.
[d]
Maximum height of structure: 35 feet.
[g]
Landscaping: Adequate landscaping should be provided to reduce the visual impact of off-street parking areas and to provide a logical transition between the PUD District and surrounding areas.
(d)
Recreation standards.
[1]
Permitted uses shall be uses such as but not limited to the following:
[a]
Golf courses.
[b]
Ski area, cross-country ski and/or snowmobile trails.
[c]
Parks.
[d]
Zoos and botanical gardens.
[e]
Game preserves and hunting courses.
[f]
Golf driving ranges and putting courses.
[g]
Marina.
[h]
Campgrounds.
[i]
Other outdoor recreational uses.
[j]
All uses customarily accessory to such permitted uses.
[2]
Area, yard, coverage and supplementary regulations shall be as follows:
[a]
District area: a minimum of 10 acres.
[b]
Minimum district width: No specific minimums are established. Each project will be judged in terms of design, access, safety, visual impact and impact on neighboring residential uses.
[c]
Minimum district depth: No specific minimums are established. Each project will be judged in terms of design, access, safety, visual impact and impact on neighboring residential uses.
[d]
Minimum front yard: No specific minimums are established. Each project will be judged in terms of design, access, safety, visual impact and impact on neighboring residential uses.
[e]
Minimum rear yard: No specific minimums are established. Each project will be judged in terms of design, access, safety, visual impact and impact on neighboring residential uses.
[f]
Minimum side yard: No specific minimums are established. Each project will be judged in terms of design, access, safety, visual impact and impact on neighboring residential uses.
[g]
Maximum coverage of any single lot, or the district as a whole: as deemed appropriate by the Town Board on a case-by-case basis.
[k]
Landscaping: Adequate landscaping should be provided to reduce the visual impact of off-street parking areas and to provide a logical transition between the PUD District and surrounding areas.
D.
Exceptions to district standards. In determining whether exceptions to district standards should be allowed, particularly as regards the intensity of land use, the Town Board shall consider the following factors:
(1)
The need for the proposed land use in the proposed location.
(2)
The availability and adequacy of water service.
(3)
The availability and adequacy of sewer service.
(4)
The availability and adequacy of transportation systems, including the impact on the road network.
(5)
The pedestrian circulation and open space in relation to structures.
(6)
The character of the neighborhood in which the PUD is being proposed, including the safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.
(7)
The height and bulk of buildings and their relation to other structures in the vicinity.
(8)
Potential impacts on local government services.
(9)
Potential impacts on environmental resources, including wetlands, surface water, floodplains and plant and wildlife communities.
(10)
The general ability of the land to support the development, including such factors as slope, depth to bedrock, depth to water table and soil type.
(11)
Other factors as may be deemed appropriate by the Town Board.
E.
Common property in the planned unit development Common property in a planned unit development is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. Common property shall comprise a minimum of 15% of any PUD. The ownership of such common property may 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, services and parking areas and recreational and open space areas. In the computation and determination of common property areas, lands shall be of such location and configuration that they shall adequately serve and be accessible to all building sites within the PUD and comprise lands that are suitable for open space use. Streets and parking areas shall not be included when computing the amount of common property.
F.
Applications and zoning approvals. Whenever any planned unit development is proposed, before any permit for the erection of a permanent building in such planned unit development shall be granted and before any subdivision plat or any part thereof may be filed in the office of the Saratoga County Clerk, the developer or his authorized agent shall apply for and secure approval of such planned unit development in accordance with the following procedures:
(1)
Application for sketch plan approval.
(a)
In order to allow the town authorities and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketch plan of his proposal to the Town Board. The Town Board, at its next regularly scheduled meeting, shall refer the sketch plan to the Planning Board for review and recommendation. The date of Planning Board receipt of the sketch plan shall be the next regular meeting of the Planning Board. The sketch plan shall be to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information:
[1]
The location of the various uses and their areas.
[2]
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.
[3]
Delineation of the various residential areas, indicating for each such area its general extent, size and composition in terms of the total number of dwelling units, approximate percentage allocation by dwelling-unit type (i.e., single-family detached, duplex, townhouse, garden apartments or high-rise) and a 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 such area and a calculation of total permeable area.
[4]
The interior open space system. Only usable land shall be considered for such purposes.
[5]
The overall drainage system.
[6]
If grades exceed 3% or portions of the site have a 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. If grades are less than 3%, the topographic map may be at ten-foot contour intervals.
[7]
Principal ties to the community at large with respect to transportation, water supply and sewage disposal.
[8]
General description of the provisions of other community facilities, such as schools, fire-protection services and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.
[9]
A location map showing uses and ownership of abutting lands.
[10]
A long-form environmental assessment form.
(b)
In addition, the following documentation shall accompany the sketch plan:
[1]
Evidence of how the developer's particular mix of land uses meets existing community demands.
[2]
A general statement as to how common open space is to be owned and maintained.
[3]
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 of this section shall show the intended total project.
[4]
Evidence of the applicant's physical and financial competence to carry out the plan and his awareness of the scope of such a project.
(c)
After receipt of all required information, as determined by the Planning Board, the Planning Board shall hold a public hearing in accordance with the requirements of Article XI, § 149-74 of this chapter, and shall render either a favorable or an unfavorable report to the Town Board within 60 days of the closing of the public hearing.
(d)
In reviewing the sketch plan, the Planning Board may call upon the County Planning Department and any other public or private consultants that the Board feels are necessary to provide a sound review of the proposal.
(e)
A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering planned unit development districting. It shall be based on the following findings, which shall be included as part of this report:
[3]
That the proposal is conceptually sound in that it meets a community need and it conforms to accepted design principals in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements, both absolutely and to one another.
[4]
That there are adequate services and utilities available or proposed to be made available in the construction of the development.
(f)
An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what might be necessary in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application for planned unit development districting with the Town Board. The Town Board may then determine, on its own initiative, whether or not it wishes to call a public hearing.
(g)
The Chairman of the Planning Board shall certify when all of the necessary application material has been presented, and the Planning Board shall submit its report within 60 days of such certification. If no report has been rendered after 60 days, the applicant may proceed as if an unfavorable report were given to him.
(2)
Application for planned unit development districting.
(a)
Upon receipt of a favorable report from the Planning Board or upon its own determination subsequent to an appeal from an unfavorable report, the Town Board shall set a date for and conduct a public hearing for the purpose of considering planned unit development districting for the applicant's plan, in accordance with the procedures established under §§ 264 and 265 of the Town Law or other applicable law, said public hearing to be conducted within 45 days of the receipt of the favorable report or the decision on appeal from an unfavorable report.
(b)
The Town Board shall refer the application to the Saratoga County Planning Board for its analysis and recommendations, and the Town Board shall also refer the application to the Highway Superintendent.
[1]
The Town Board shall give the Saratoga County Planning Board at least 30 days to render its report, and within 30 days following receipt of the report from the County Planning Board, the Town Board shall render its decision on the application.
[2]
The Highway Superintendent 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 with general conceptual acceptance or disapproval, as the case may be, and in no way implies any future acceptance or rejection of detailed design elements as will be required in the later site plan review stage. The Highway Superintendent may also state in his report any other conditions or problems that must be overcome before consideration of acceptance of his part.
(3)
Zoning for planned unit development.
(a)
If the Town Board grants the planned unit development districting, 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 confined 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, firehouses and libraries, protection of natural and/or historic sites and other physical or social demands. The Town Board shall state at this time its findings with respect to the land use intensity or dwelling intensity as called for in Subsection C of this section.
(b)
Planned unit development districting shall be conditional upon the following:
(c)
Changes in use within a Planned Unit Development District may be subject to further site plan approval by the Planning Board, if such a condition is specifically set by the Town Board at the time of granting the planned unit development districting.
G.
Installation of improvements or performance bond required. No building permits shall be issued for construction within a Planned Unit Development District until improvements are installed or a performance bond is posted in accordance with the same procedures as provided in the Subdivision Regulations of the Town of Moreau. Other such requirements may also be established by the Town Board.
H.
Parks, open spaces and natural features; land dedication/recreation fees.
[Added 12-26-2006 by L.L. No. 3-2006]
(1)
Purpose. The purpose of this paragraph is to establish and provide for an equitable and effective development standard for securing adequate land and funding for parks, playgrounds and open space recreation areas in the Town of Moreau.
(2)
Recreation fees.
(a)
The Town Board shall require, as a condition of approval of a planned unit development or any amendment thereto that includes dwelling units, the payment of recreation fees for each dwelling unit in such amount to be set by the Town Board. The recreation fees per dwelling unit shall be established and amended by resolution of the Town Board. Such fees shall be paid to the Town at the time of final planned unit development approval, and no such planned unit development shall be approved by the Town Board until such payment is made. Such payments shall be held by the Town of Moreau in a special fund for acquisition and development of recreation land. All money in this fund is to be used only for:
[1]
The purchase of land that is suitable for new or enlarged parks, playgrounds or open spaces and located so as to serve the inhabitants of the Town's residential neighborhoods.
[2]
The improvement of new or existing park, playground and open space lands which serve the Town's residential neighborhoods.
(b)
In any case, the Town Board shall be satisfied that required recreation land will be maintained and will not be used for other than recreation purposes.
(3)
Land dedication in lieu of fees.
(a)
In cases where the Town Board finds that due to the size, shape or location of the planned unit development, land dedication for a park, playground or other recreational purpose is preferable to the payment of a recreation fee, the Town Board may waive the fee and require as a condition of approval the dedication of land for recreational purposes.
(b)
The owner/developer shall then file with the Town Board a plan detailing the sites for the development of a park, playground or other recreational facility. Recreation space shall be provided by the owner/developer on the basis of at least 1,000 square feet per dwelling unit, but in no case shall the amount be more than 10% of the total area of the planned unit development. Such area or areas may be dedicated to the Town by the owner/developer if the Town Board approves such dedication. All lands designated on the plan as park, playground or other recreation areas not in Town ownership shall be subject to such conditions as the Town Board may establish, such as hours of operation, access to the general public, use and maintenance of such lands as deemed necessary to assure the preservation of such land for its intended purpose. Such conditions shall be shown on the final site plan prior to approval and filing. The Town Board shall consider the following in determining the suitability of the served land for recreational purposes:
(4)
Nothing in this section will be construed as prohibiting an owner/developer from reserving land for recreation purposes in addition to the requirements of this section.
(5)
The Town Board shall not at any time authorize the waiver of both the fee and land dedication in lieu thereof requirements.
§ 149-28 Wetlands Overlay Districts (W).
A.
Intent. The Town of Moreau contains within its Town limits several areas of wetlands, which, due to their unique characteristics, present important constraints to development. In addition, these wetlands provide flood control, water quality, recreational, aesthetic and open space benefits to the Town. Accordingly, to provide for the proper use of these wetlands, a Wetlands Overlay District is hereby established. All underlying districts shall be indicated on the Town Zoning Map.
B.
Area description. The W District encompasses those lands and waters which meet the definition of "wetlands" provided in § 24-0107, Subdivision 1, of the Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation Law) and have an area of at least 12.4 acres or, if smaller, have unusual local importance as determined by the Commissioner of the New York State Department of Environmental Conservation pursuant to § 24-0301, Subdivision 1, of the Act. Such areas are generally shown on the maps entitled "Final Freshwater Wetlands Maps — Saratoga County," prepared by the New York State Department of Environmental Conservation pursuant to § 24-0301, Subdivision 5, of the Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation Law). The precise boundaries of such wetlands may be determined by field inspection by the New York State Department of Environmental Conservation.
§ 149-28.1 Solar Energy System Overlay (SESO) District.
[Added 11-14-2024 by L.L. No. 7-2024]
A.
Purpose. It is the purpose of the Solar Energy System Overlay (SESO) District to encourage development of solar energy systems in the Town of Moreau while protecting the health, safety and welfare of the community.
B.
Creation. The Town Board of the Town of Moreau hereby adopts the rules and procedures for creation of SESO Districts to allow consideration of such land uses while also protecting the health, safety and welfare of the Town.
C.
Requirements for the Solar Energy Systems Overlay District.
(1)
SESO District requirements. Where the SESO District has been established, the requirements of the SESO District shall be in addition to any requirements specified in the underlying district.
(2)
Exemption from SESO requirements. The requirements of the SESO District shall not apply to those uses which are already permitted in the underlying district nor to the following:
D.
Rezoning procedure. The process necessary to create a SESO District shall be as follows:
(1)
Concept site plan. Prior to the submission of any application for rezoning by the Town Board, the applicant shall submit a concept site plan to the Town Board for an initial review.
(a)
The concept site plan is a map, drawn to scale, prepared by a licensed engineer or architect, which graphically depicts proposed improvements to the property, including topographical features, system footprints, travelways, access locations, drainage facilities, lighting, landscaping, buffering, fencing, and signs. Said concept plan shall also depict existing improvements and contain all information required by Article VI, Site Plan Review.
(b)
The Town Board shall review the concept site plan, based on the standards for large-scale solar systems found in this section, and at their discretion may forward the application to the Planning Board for their favorable or unfavorable recommendation.
(2)
Planning Board review and the development of a favorable or unfavorable report from the Planning Board, to be submitted to the Town Board by the Planning Board Secretary within 60 days of initial review, unless otherwise agreed upon between an applicant and the Planning Board.
(a)
A favorable report shall include the recommendation to the Town Board that a public hearing be held for the purpose of considering the SESO District and site plan. It shall be based on the following findings, which shall be included in the report:
[3]
That the proposal is conceptually sound in that it meets a community need and conforms to accepted design principles in the functional roadway system, land use configuration, open space system, drainage system and scale of elements, both absolutely and to other adjacent uses.
[4]
That there are adequate services and utilities available or proposed to be made available in the construction of the development.
(b)
An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what might be necessary in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application for site plan review and rezoning with the Town Board. The Town Board may determine, on its own initiative, and after review of the unfavorable report and reasons therefor, whether or not it wishes to consider any applications submitted in accordance with this section.
(3)
Site plan review and approval by the Town Board. The Town Board shall review the projects to the standards found within this section and within § 149-38 as appropriate. A public hearing, pursuant to site plan review, shall be held at the discretion of the Town Board.
(4)
Rezoning application. After a favorable or unfavorable recommendation, an application for rezoning shall be submitted to the Town Board and it shall contain the following information:
(a)
The Solar Energy Systems Overlay report of the Town Board resulting from the aforesaid concept site plan and rezoning review, as well as the recommendation by the Town Planning Board.
(b)
Proof of ownership of the land proposed for rezoning.
(c)
A description of the solar property, including a metes and bounds description of the parcel.
(d)
A letter of intent which states the land's present use and the type of solar energy system proposed for the land.
(e)
A completed long form of the environmental assessment form (EAF).
(f)
A description of the present land use of lots abutting the proposed solar energy system.
(g)
Eight copies of the application to rezone the land shall be submitted to the Town Clerk.
E.
SESO District rezoning conditions. Prior to any SESO District being placed on the Town of Moreau Zoning Map, the following conditions shall be met:
(1)
Resolution of the Town Board mapping the Solar Energy Systems Overlay District, following a duly noticed public hearing for rezoning approval in accordance with the provisions of § 264 of the New York Town Law.
F.
Permitted underlying district. Parcels in any zoning district of the Town are eligible for consideration for SESO rezoning.