New Hartford Town City Zoning Code
ARTICLE VII
Planned Development Districts
§ 118-35 Procedure for establishment.
Where planned development techniques are deemed appropriate through the rezoning of land to a Planned Development District (PDD) by the Town Board, the set of use and dimensional specifications located elsewhere in this chapter may be replaced by an approval process in which an approved PDD plan becomes the basis for continuing land use controls within the PDD boundary.
§ 118-36 General purpose and intent.
The planned development procedure provides a flexible land use and design regulation through the use of performance criteria. It enables site-sensitive development and innovative development techniques not possible through strict application of standard zoning (use and bulk) and subdivision (platting and design of improvements) requirements. The conventional use, area, bulk and density specifications set forth by other sections of this chapter are intended to be replaced, through application of the planned development procedure, by an approved PDD plan, which then becomes the basis legislatively established by the Town Board for detailed design, review, control and subsequent development.
It is also the intent of a PDD to encourage innovations in project content and design which accommodate demands for business development, employment, recreational, commercial, and residential development.
While flexibility is encouraged, it is intended that this procedure, required conformance with the Town's Comprehensive Plan and the purposes of this article shall ensure the general welfare of the Town.
§ 118-37 General objectives.
PDDs shall:
Preserve natural habitats, trees, outstanding natural topographical and geological features and prevent soil erosion.
Incorporate the existing natural and man-made environment into the design.
Accomplish a purpose beneficial to the Town that cannot be accomplished through conventional zoning.
Create an environment which is more desirable than that possible through the application of conventional zoning.
Demonstrate a creative use of the land and related physical development which allows an orderly transition of land from one use to another.
Ensure that nonresidential uses support the community in terms of work force, design and character.
§ 118-38 Types of PDDs and location.
General applicability and location of PDDs. A PDD may be established on any tracts of land in the Town of New Hartford that meet the criteria, objectives and standards required of this article and chapter where a PDD application and requisite Zoning Map amendment are approved by the Town Board and Planning Board as required.
Recreational Activity Planned Development District (RAPDD).
Purpose. The Recreational Activity Planned Development District is intended to allow for the development of a mix of public and commercial recreational activities and their ancillary uses which may include, but are not limited to, snack bars, clubhouses and pro shops.
Permitted uses. The permitted principal and accessory uses in the RAPDD include all principal uses permitted in Schedule A[1] for the existing zoning district in which the RPDD is being considered, as well as all uses permitted in the PR and RA Districts.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
Residential Planned Development District (RPDD).
Purpose. The Residential Planned Development District is intended to provide for creative developments which provide for a variety of housing types and styles suitable for a variety of income levels.
Permitted uses. The permitted principal and accessory uses in the RPDD include all principal uses permitted in Schedule A for the existing zoning district in which the RPDD is being considered, as well as all uses permitted in the MDR, HDR and C-3 Districts.
Mixed Use Planned Development District (MUPDD).
Purpose. The Mixed Use Planned Development District is intended to provide creative, pedestrian-scale areas where a mix of uses, including residential, institutional and commercial, may be compatible.
Permitted uses. The permitted principal and accessory uses in the MUPDD include all principal uses permitted in Schedule A for the existing zoning district in which the MUPDD is being considered, as well as all uses permitted in the PR, RA, MDR, HDR, I, MU and C-3 Districts, with the following additional requirements:
BPDD Business Planned Development District (BPDD).
Purpose. The Business Planned Development District is intended to provide for a variety of retail, professional office, commercial and light industrial uses.
Permitted uses. Permitted principal and accessory uses in the BPDD include all principal uses permitted in Schedule A for the existing zoning district in which the BPDD is being considered, as well as all uses permitted in the I and C-1 Districts and the following:
§ 118-39 Criteria.
Development area. The minimum development area required to qualify for a PDD is five contiguous acres of land without interior parcels or holdings which are not a part of the PDD. The calculation of such land shall not include existing streets, easements, parks or otherwise dedicated land or acreage, slopes in excess of 15%, floodplains, wetlands or unusual or adverse geologic features or sub-soil conditions.
Ownership. The tract for a PDD may be owned, leased or controlled by a single person or corporation or by a group of individuals or corporations acting in concert. Any application or petition must be filed by the owner, or jointly by the owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding upon all owners. When common property exists or is proposed, arrangements, satisfactory to the Town Board and the Town Planning Board, must be presented for the maintenance of said property, including roads, driveways, service and parking areas and recreational and other open space areas.
§ 118-40 Approval procedure.
Application process. Application for a PDD shall be made to the Town Board on such forms as may be provided by the Town. The Town Board shall, if it determines that the proposal merits review, refer the application to the Planning Board for review and recommendation. If the Town Board determines that the proposal does not merit review because it does not meet the objectives of this article, it shall not refer the application to the Planning Board, and no further action on the application shall be taken.
Application submission requirements. The application for a Planned Development District shall include:
The PDD application fee.
Ten copies of a site plan as defined in Article X, Site Plan Review, of this chapter, clearly showing and/or narratively describing in a supplemental document the following information:
The location of the principal and accessory uses and buildings on the site in relation to one another and neighboring development.
The height and bulk of buildings and their relation to one another and neighboring development.
Delineation of the various residential areas, as applicable, indicating for each such area:
General extent, size and composition in terms of total number of dwelling units;
Approximate percentage allocation by dwelling unit type (i.e., single-family detached, duplex, townhouse, apartments);
Description of the intended market structure (i.e., luxury, middle income, moderate income, elderly units, family units, etc.);
Calculation of the residential density in dwelling units per gross acre (total area including interior roadways) for such area; and
Calculation of total permeable area.
The pedestrian circulation and open space distribution in relation to the structures and to prospective user needs.
The traffic circulation features within the site and the amount, location and safety of access both to the site and within the site, including the overall provision of vehicular parking areas.
The adequacy of proposed utilities, including, but not limited to, water supply, sewage treatment and stormwater drainage facilities.
The protection of existing natural features, landscaping plans to be implemented subsequent to development and a long-term maintenance plan for such landscaping.
The efforts provided to mitigate, if not eliminate, possible detrimental effects of the proposed use or uses on adjacent properties and the neighborhood in general. This may include buffer and screening plans.
The method of ownership, control and maintenance of all common lands and facilities, structures or buildings thereon, parking areas, walkways and utilities.
If the development is to be phased, a general indication of how the phasing is to proceed.
Evidence of the applicant's financial competence to carry out the plan.
A fiscal impact analysis identifying projected short and long-term impacts on municipal and school district budgets.
Referral of application to Planning Board.
The Town Board shall refer the application and accompanying documents to the Planning Board for its review and recommendation. Within 90 days of the date of receipt by the Planning Board, of referral from the Town Board or from the date that all information requested by the Planning Board is submitted, whichever is later, the Planning Board shall, in writing, recommend approval, approval with modifications or disapproval to the Town Board of such PDD application.
Professional review.
As part of the Planning Board review process, all applications shall be reviewed by one or more of the following independent New York State licensed professionals: engineer, architect, landscape architect or professional planner. The cost associated with the independent review shall be the expense of the applicant. The Planning Board may deny an application upon failure of the applicant to make such payment in a timely manner. The Town Attorney shall establish the terms of the payment in consultation with the Planning Board and the applicant.
All professional observations and recommendations shall be submitted in writing to the Planning Board and shall be considered by the Planning Board as part of the PDD application review and final development plan review under site plan review.
Upon completion of its review, the Planning Board shall prepare and submit a report to the Town Board regarding the PDD application, recommending either adoption, adoption with modification or rejection of the requested rezoning and stating the reasons for such recommendation. If the recommendation is favorable, the report shall include the following findings:
That the proposal complies with the objectives of the Town's Comprehensive Plan.
That the proposal meets the intent and objectives of the PDD as expressed in this article.
That the proposal is conceptually sound in that it meets local and area-wide needs and it conforms to accepted design principles in the proposed functional roadway and pedestrian system, land use configuration, open space system, drainage system and scale of elements, both absolutely and to one another.
That there are adequate services and utilities available or proposed to be made available in the construction of the development.
That traffic will not have an adverse impact on the adjoining transportation system; or, alternatively, that proposed traffic mitigation measures will reduce such impacts.
Town Board action.
Upon receipt of the report and SEQR recommendations from the Planning Board, the Town Board shall review the application and the Planning Board's recommendation and findings and may then set a date for and conduct a public hearing to consider the application.
When required, the Town Board shall refer the application to the Oneida County Department of Planning for a referral in accordance with General Municipal Law § 239-m.
Upon completion of the public hearing and due consideration of the application, the Town Board shall act to adopt, adopt with modifications, or reject the requested PDD zoning amendment.
If the Town Board grants the Planned Development District, the PDD will not be in effect until the Planning Board grants final site plan approval and work commences within two years.
The Town Board may attach to its zoning resolution additional conditions or requirements in order to protect the health and safety of the community. Such requirements may include but are not limited to:
Planning Board site approval. Upon approval of the zoning request by the Town Board, the applicant shall submit final plans to the Planning Board, consistent with the site plans submitted with the application to rezone, with such modifications as may have been required by the Town Board. Final site plan submittal requirements shall be as set forth in Article X, Site Plan Review, of this chapter.
§ 118-41 General standards.
Density. The density shall be as determined by the approved PDD Site Plan.
Lot development requirements.
Residences may be of any type consistent with the purpose and objectives of this article; however, no more than six townhouse units may be attached as a group.
Building height, setbacks and lot frontage shall be as determined by the approved PDD Site Plan.
The maximum impervious surface for the PDD shall be 66%.
Building design standards for all PDDs.
All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses.
Individual buildings shall generally be related to each other in design, mass, materials, placement and connections to provide a visually and physically integrated development.
Treatment of the sides and rear of all buildings within the PDD will be comparable in amenity and compliance to the treatment given to street frontages of these same buildings.
The design of buildings and the parking facilities shall take advantage of the topography of the site, where appropriate, to provide separate levels of access.
All building walls shall be so oriented as to ensure adequate light and air exposure to the rooms within and to adjacent properties.
All buildings shall be arranged so as to avoid undue exposure to loading or parking facilities wherever possible and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.
All buildings shall be arranged so as to be accessible to emergency vehicles.
Exterior surfaces of all structures shall have color tones which blend well with the natural vegetation of the area.
Open space requirements. Common open space totaling not less than 15% of the total PDD tract shall be provided in perpetuity. This land shall be exclusive of any land area used primarily for vehicular modes of transportation, including parking areas, garages, carports and other features. The ownership of such open space land may be either public or private. When in private ownership, a homeowners' association, or similar mechanism for the long-term ownership and maintenance of this common open space, shall be provided, subject to the approval of the Town Board. The grant of a conservation easement to further ensure the protection of this open space may be required.
The location, shape, size and character of the open space must be suitable for the planned development.
Open space may be used for amenity or recreational purposes. The uses authorized for the open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography and the number and types of dwellings to be provided.
Open space must be suitable for its intended use. If intended for active use, said open space shall be suitably improved. The buildings, structures and improvements which are permitted in the open space must be appropriate to the uses which are authorized for the open space.
The development schedule which is part of the final site plan must coordinate the improvement of the open space and the construction of buildings, structures and improvements.
All land shown on the final site plan as open space must be maintained and used for said purpose.
Water supply and sewage disposal. All planned developments shall be served by a water supply and distribution system and shall have sewage disposal facilities which are in accordance with the requirements of the Town of New Hartford and the New York State Health Department.
Stormwater runoff control; erosion and sedimentation control. All applicable standards and requirements of § 118-85 and other local, state and federal laws shall apply.
Landscape design standards.
All development shall meet the landscaping and screening requirements of § 118-81 of this chapter.
Landscape treatment for roads, paths, service and parking areas and dumpsters shall be designed as an integral part of a coordinated landscape design for the entire site.
Whenever possible, existing trees shall be conserved and integrated into the landscape design plan.
Wherever possible, streets trees shall be planted at appropriate intervals on all streets bordering or within the project area.
Circulation system design standards.
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, sidewalks, paths and lanes for bicycles, pedestrian- and cyclist-related amenities, roadways, driveways, lighting, off-street parking and loading spaces.
Roads, sidewalks, other pedestrian walkways, bicycle lanes and paths and open spaces shall be designed as an integral part of an overall site design and shall be properly related to existing and proposed buildings and shall be appropriately landscaped.
Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance and easily maintained and indicative of their function and shall comply with other laws, ordinances, rules and regulations wherever applicable thereto.
Parking and loading design standards.
All development shall meet the off-street parking and loading standards of § 118-82 of this chapter.
The Planning Board may require that parking facilities be landscaped and screened to the extent necessary as determined by the Planning Board.
Pedestrian connections between parking areas and buildings shall be via pedestrian walkways.
Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of ingress and egress and shall be developed as an integral part of an overall site design.
§ 118-42 Reversion of PDD to prior zoning classification.
In the event that a final site plan has not been submitted within three years from the date the Zoning Map amendment establishing the Planned Development District became effective, the Planning Board shall so notify the Town Board. The Town Board may, on its own motion or on request by the Planning Board, initiate a Zoning Map amendment to return the Planned Development District to its former classification.
In the event that 1/3 of the work has not been completed on the newly proposed project within two years from the date that final approval has been rendered by the Planning Board, the Planning Board shall notify the Town Board. The Town Board, on its own motion or on request by the Planning Board, may initiate a Zoning Map amendment to return the Planned Development District to its former classification.