North Greenbush City Zoning Code
ARTICLE XVI
Planned Development Districts
§ 197-82 Legislative intent; objectives.
A.
General.
(1)
The planned development (PD) procedure provides a flexible land use and design regulation for both residential and nonresidential developments through the use of performance criteria so that developments may be designed with sensitivity to the unique characteristics of their site.
(2)
Large-scale residential developments are intended to be planned, designed and developed with a mixture of dwelling types as integral units independent of adjacent building sites.
(3)
Nonresidential planned developments are intended to provide a mixture of business and nonresidential uses at a scale, spacing and design which is complementary to the essentially residential character of the Town of North Greenbush.
B.
The planned development procedure recognizes that while the typical area and bulk zoning purpose and the subdivision and/or site plan approval process (platting and design) are appropriate for the development of land use in areas substantially already developed, such controls represent a type of rigid and uniform regulation which may be detrimental to the techniques of land development contained in the planned development concept.
C.
Conventional area and density specifications set forth by other sections of this chapter are intended to be replaced by application of the planned development procedure as provided for herein to lands upon which the approved plan becomes the basis for control and development.
D.
While flexibility in the strict application of standard regulation is encouraged, it is intended that this procedure shall ensure the general welfare through equal treatment under the law as well as precise control of all aspects of the development as approved.
E.
In order to carry out the intent of this section, the application for a planned development shall pursue the following objectives:
(1)
Preservation of trees, outstanding natural topography and geologic features, while preventing soil erosion and uncontrolled surface water drainage.
(2)
Preservation and integration of historically significant structures and sites into viable adaptive reuses.
(3)
Incorporation of an adequate and well-designed system of open space and recreation areas intended to tie the planned development together internally and link it to the larger community.
(4)
Efficient use of land, resulting in reduced systems of streets and utilities and thereby lower development and maintenance costs.
(5)
Creative site design and development planning of a quality that will result in a more desirable environment through improved functional relationships between buildings and uses.
(6)
Provide a maximum choice for residential land uses in occupancy options (e.g., individual ownership, leaseholds, condominiums), housing types (e.g., detached houses, townhouses, garden apartments), lot size and community facilities available to existing and potential town residents.
(7)
Provide a mix of uses of benefit and service to the Town's residents in a location compatible with the goals and objectives of the Town of North Greenbush zoning and land use plans.
(8)
Produce a development pattern in harmony with the goals and objectives of the Town.
(9)
Design a built environment that is compatible and in keeping with the uses intended in the underlying district, and of a scale and visual character as to be integrated into and compatible with the residential character of the Town.
§ 197-83 General design standards.
The establishment of a Planned Development District (PDD) must take into consideration the following standards:
A.
Location. A Planned Development District (PDD) may be established at any one location within the Town, provided that the objectives and provisions of this article are satisfied as determined by the Planning Board and Town Board and the PDD is consistent with the spirit and intent of the Town's zoning and land use plans.
B.
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 the owners of all property included in the project. In the case of multiple ownership, the approved plan and its amendments shall be binding on all owners or their successors in title and interest.
C.
Development area. The minimum development area required to qualify for a residential PDD shall be 25 contiguous acres of land and for a nonresidential PDD shall be 15 contiguous acres of land. In the case of a mixed use PDD, the underlying zoning district shall dictate the minimum size required.
D.
Permitted uses.
(1)
Permitted residential uses in PDD Districts. All residential uses presently permitted in the Town of North Greenbush may be proposed for development within a designated PDD District in accordance with the provisions of this article and the approved plan of the project.
(2)
Permitted nonresidential uses in PDD Districts. The following nonresidential uses may be proposed for development within a designated PDD District in accordance with the provisions of this article and the approved plan of the project. Where proposed, the following guidelines shall apply:
(a)
Stores and shops for community business, when integrated together, form a unified development of common scale. Such uses may include stationery, pharmacy, dry goods stores; convenience or grocery/fruit and vegetable/meat markets; florist, arts and crafts, antiques, gifts/hobby/photo shops; hardware, garden supply, sporting goods stores; shoes, clothing stores;
(b)
Professional, governmental and business offices, including medical and dental offices;
(c)
Personal service establishments serving the community such as hairdressers, barbers, shoe repair, tailors, dressmakers, cleaners (drop-off pick-up only), self-service laundromat;
(d)
Eating establishments, such as fully enclosed restaurants (exclusive of drive-through establishments);
(e)
Bakery or other culinary facility where goods made on the premises are sold on the same premises;
(f)
Bank or other financial service business;
(g)
Art gallery or movie theatre;
(h)
Day-care center or nursery school;
(i)
Indoor recreation, health or fitness facility;
(j)
Hotel or motel.
(3)
Commercial, service and other nonresidential uses shall be scaled to serve the residents of the PDD, if any, and the surrounding residential neighborhoods. To provide for such a balance in scale:
(a)
No more than 25% of the total gross floor area (GFA) shall be allowed as a use not complying with the underlying district uses;
(b)
The gross floor area (GFA) of any one business unit shall not exceed 25% of the noncomplying nonresidential gross floor area (GFA) of the development; and
(c)
The GFA of any one noncomplying nonresidential use shall not exceed 40,000 square feet.
(4)
Where a nonresidential PDD is proposed, it must be demonstrated that such uses are supportive of the community population in terms of workforce, economic development, design quality and neighborhood character and that such uses are consistent with the Town's zoning and land use plans.
E.
Intensity and mix of land use. The density and/or intensity allowed within the planned development shall be determined by the approved planned development plan, except that:
(1)
In any residential planned development the density shall not exceed 150% of that otherwise permitted in the Area and Bulk Schedule for that district.[1] Clustering is encouraged to a maximum localized density equal to that allowed in the R4 District - Multiple.
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included as an attachment to this chapter.
(2)
In any nonresidential planned development, there shall be no increase in density or gross floor area (GFA) over that which may be achieved in the underlying district or where such use is normally permitted elsewhere in the Town; and
(3)
In either case, there shall be no reduction in the amount of natural and recreational open space as required herein.
F.
Natural and recreational open space.
(1)
Not less than 35% of the total area of any tract developed or proposed to be developed as a residential PDD District, exclusive of the land area used primarily for vehicular modes of transportation and accessory uses, shall remain forever as common property reserved for an open space system. Not less than 35% of the total area of any tract developed or proposed to be developed as a nonresidential PDD District shall remain forever undeveloped as natural open space and/or landscaped area.
(2)
The open-space system shall be developed to provide the following:
(a)
Passive and active recreation spaces and facilities adequate to meet requirements based upon projected population and age distribution.
(b)
Undeveloped open space as necessary to preserve outstanding natural features.
(c)
Water areas to the extent appropriate for user needs.
(d)
Such complementary structures, improvements and equipment as necessary and appropriate for the benefit and enjoyment of its users.
(3)
The approved set of plans/plats for all planned developments shall contain or be supplemented by such material as required to establish the method by which the open space system shall be defined, maintained and administered. The approved plans/plats and other materials shall be construed as a contract between the landowners and the Town and shall be specifically noted on all deeds.
(a)
All land held for open space shall be so designated and noted on the plat.
(b)
The approved set of plans/plats shall designate the use of open space, the type of maintenance to be provided and a landscape planting plan or schedule. In designating use and maintenance, the following categories may be used:
[1]
Recreation area. An area designed and developed for a specific recreation use, including but not limited to tennis, swimming, shuffleboard, playfield and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance.
[2]
Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to ensure a tidy appearance.
[3]
Natural area. An area of natural vegetation undisturbed during construction or replanted after construction. Such areas may contain pathways. Maintenance may be minimal but shall prevent the excessive growth of weeds and undesirable plants. Litter shall be removed and streams kept in free-flowing condition.
(c)
Designated landscape planting and recreation development within the open space areas shall be provided by the developer. A performance bond or other guaranty may be required to cover the costs of installation in accordance with this chapter.
(d)
At the pleasure of the Town Board, any of the following methods may be used to preserve, own or maintain the open space areas: fee simple dedication, homeowners' association, condominium, dedication of development rights, formation of a special park district or developer owned. The following specific requirements are associated with each of these methods as well as any other provisions deemed necessary by the Town Board:
[2]
Homeowners' association. The open space may be held in common ownership by a homeowners' association. This method shall at a minimum be subject to all of the provisions for homeowners' associations and such other provisions as may be required by the Town Board.
[3]
Condominium. The open space may be controlled through the use of condominium agreements. All open space land shall be held as a "common element." Such land shall be eligible for sale to another method of ownership permitted under this section, but only where there is no physical change in the open space. All plats required by this article shall show required open space area, whether this land is to be conveyed or not.
[4]
Dedication of development rights. The Town may accept, but shall not be required to accept, title to the development rights or easements to any portion or portions of open space. In such cases, the land shall remain in the ownership of the individual, condominium or homeowners' association while the development rights are held in public ownership.
[5]
Special park district. Application must be made in a suitable form for establishment of a special park district. All cost associated with establishment of such a district shall be borne by the developer.
[6]
For a nonresidential PDD, ownership of all open space designated on the approved site plan may remain with the developer or successive owner(s).
G.
Environmental design. A proposed plan shall be designed in such a manner as to demonstrate a sensitivity toward and minimum disruption of the environment of the site and its surroundings. More specifically:
(1)
Environmental quality of surrounding lands, air and water shall not be degraded.
(2)
Mature trees, wooded areas, waterways, scenic vistas, historic sites and structures and other community assets shall be preserved to the extent such preservation is practicable.
(3)
Excessive grading and clearing of topsoil, trees and natural features shall be discouraged.
(4)
Design and construction of improvements and structures shall adequately control erosion, slippage, inundation and other environmental effects.
H.
Utilities. All required utilities shall be provided in accordance with applicable Town, county and state regulations. Among other actions, the developer shall:
(1)
Provide water and sanitary sewage disposal facilities in accordance with Rensselaer County Health Department, New York State Health Department and New York State Department of Environmental Conservation requirements.
(2)
Make application in suitable form to the Town Board for establishment of any special utility district or district extension, as may be required, with the costs incurred in the establishment of such district(s) to be borne by the developer.
(3)
Provide adequate and decorative lighting for pedestrian walkways, parking areas and streets.
(4)
Provide stormwater management facilities, to the extent necessary, in accordance with requirements of the Town.
I.
Off-street parking. Off-street parking shall conform to the standards set forth within Article VI of this chapter, except that the minimum number of spaces may be reduced if it can be demonstrated that a particular aspect of the PDD makes such reduction appropriate.
K.
Transportation.
(1)
Relationship to major transportation facilities. A PDD District shall be so located as to be provided with direct access to major streets, highways or other transportation facilities so as to prevent the generation of traffic along minor streets in residential neighborhoods.
(2)
Nonvehicular (pedestrian and bicycle) modes shall be included as a primary means of transportation with the PDD and to the adjacent community. Where appropriate, there shall be a network interconnecting the PDD community and linking it to recreation, commercial, community and open space facilities and to the adjacent community.
L.
Public services.
(1)
A full complement of necessary urban services to accommodate the population in the planned development shall be available or provided by the developer.
(2)
Consideration shall be given to the impact of the PDD on the school district, the transportation system and facilities, fire protection and the local tax structure. Large-scale development in an area may have to be deferred until the Town can properly service such new growth.
§ 197-84 Required procedures.
A.
Whenever any planned development is proposed, the developer or his authorized representative and the landowner(s) shall apply for and secure approval of such planned development in accordance with the procedures detailed in this article.
B.
This procedure generally combines the environmental impact assessment (SEQR) and the Zoning Map amendment procedure with the platting procedure of the subdivision process and/or the site design procedure of the site plan approval process and is designed to establish a means for:
(1)
Assessment of the potential environmental impact and compliance with 6 NYCRR Part 617 of the Environmental Conservation Law, § 8-0113;
(2)
A change in the existing zoning district to a Planned Development District based upon an approved sketch plan; and
(3)
Approval of a satisfactory preliminary and final site plan/plat.
§ 197-85 Procedure for establishing district.
A Planned Development District may only be established in accordance with the following procedure:
A.
Pre-application conference. In order to allow the Town Board, Planning Board and developer to reach an understanding on basic concepts and design requirements prior to the preparation of detailed design and engineering plans, the applicant or his representative shall meet informally with representatives of such Boards to discuss the proposed development prior to the formal filing of an application or preparation of a sketch plan. At this stage, the Planning Board shall notify the Town Board of the prospective proposal of a PDD District.
B.
Sketch plan.
(1)
Based upon the concepts and design requirements developed during the pre-application conference, a sketch plan shall be submitted to the Town Clerk at least 10 days prior to a regular meeting of the Town Board. The sketch plan shall clearly show the following information:
(a)
The location of the various uses and their areas in acres.
(b)
The vehicular traffic circulation features, including a general outline of the interior road system and all existing rights-of-way and easements, whether private or public.
(c)
Description of the various residential areas proposed, indicating the approximate building height, bulk and use for buildings in each such area, including the number of dwelling units, percentage by housing type (single-family detached, duplex, townhouse, garden apartment, etc.) and general description of the intended market (luxury, middle-income, moderate-income, elderly, family units, etc.), plus a calculation of the residential density in dwelling units per gross acre (total area, including interior roadways) for each such area.
(d)
The interior open space system, including pedestrian circulation within that system.
(e)
The overall drainage system.
(f)
Principal relationship to the community at large with respect to transportation, water supply, sewage disposal and other infrastructure.
(g)
General description of the provision of, and the demands to be placed on, other community facilities, such as schools, fire and protection.
(h)
A location map showing uses and ownership of all abutting lands.
(i)
Topography showing contour intervals at not more than five feet.
(j)
A natural features overlay clearly indicating types of vegetation, soils, natural drainageways and other significant features, vistas, areas subject to flooding, areas of high erodibility, etc.
(k)
Location and proposed use of any existing structures on property, including those which are historically significant.
(2)
In addition, the following documentation shall accompany the sketch plan:
(a)
The desirability for the proposed land use at the proposed location. The developer shall provide evidence of how the developer's particular land use or mix of land uses meets existing community needs. Such evidence may be in the form of specific studies or reports initiated by the developer or in the form of references to existing studies or reports relative to the proposed project.
(b)
Evidence that the proposal is compatible with the goals of the Town's Comprehensive Plan.
(c)
General statement as to how any common open space is to be owned or managed.
(d)
If the development is to be phased, a general indication of how the phasing is to proceed.
C.
Planning Board referral. The Town Board shall refer the application to the Planning Board for review and recommendation.
D.
Planning Board review of sketch plan.
(1)
The Planning Board may require such changes in the sketch plan as are found to be necessary or desirable to meet the requirements of this article. The Planning Board shall notify the applicant of such changes, if any, and may further discuss those changes with applicant. When all of the necessary application material outlined in this article has been presented, the Planning Board shall then submit a report to the Town Board recommending that the proposed sketch plan be approved, approved with modifications or disapproved.
(2)
In its review, the Planning Board may seek the advice and recommendations of designated professional consultants and initiate coordination, as appropriate, with the Rensselaer County Bureau of Planning, the County Health Department, the school district, the local fire district and any other body or agency which the Planning Board deems desirable or necessary. The Planning Board's reasonable expenses for planning, engineering or other professional consultation shall be chargeable to and reimbursable by the applicant.
(3)
A favorable report of the sketch plan shall not constitute or imply approval of the plan/plat of the development area included in the application. If a plan is approved subject to modifications, such modifications shall be fully set forth in the report. If the plan is disapproved, the report shall clearly and fully state the reasons therefor.
E.
Town Board action on sketch plan.
(1)
Upon receipt of a report from the Planning Board either approving or approving with modifications a proposed sketch plan, the Town Board shall set a date for a public hearing for the purpose of considering PDD districting for the applicant's plan in accordance with the procedures established by the Town Law or other applicable law for such rezoning. Such public hearing shall be conducted within 60 days of the receipt of a favorable report from the Planning Board.
(2)
If the Town Board grants the PDD districting, the Zoning Map shall be so noted. The Town Board may, if it feels such is necessary in its exercise of the police power, impose additional requirements or conditions upon the plan for the applicant to meet, which may include, but shall not be limited to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, pedestrian and vehicular circulation systems, availability of sites within the area for necessary public services, protection of natural and/or historic sites and other physical or social requirements.
(3)
Conventional use and bulk regulations for the PDD are replaced by the approved sketch plan and, together with all modifications, are made a prerequisite for approval, in addition to requirements and conditions imposed on the plan as further developed during final site plan/plat approval, in accordance with the procedures set forth in this section.
(4)
If no application for subdivision and/or site plan review is submitted within the twelve-month period following the creation of the PDD District, the Town Board shall consider a Zoning Map amendment and may return the zoning classification of the property to its former status.