Owasco Town City Zoning Code
ARTICLE VIII
Planned Development Districts
§ 150-51 Purpose and intent.
In Planned Development Districts (PDDs), land and buildings may be used for any lawful purpose in any underlying districts as authorized by the Town Board of Owasco in specific instances. The purpose of PDDs is to provide flexible land use and design regulations through the use of performance criteria and land impact considerations so that developments incorporating individual building sites, common property, singular land use and/or mixed land uses may be planned and developed as a cohesive unit. Where deemed appropriate, the Town Board of Owasco may consider a proposed planned development through an approval process requiring a zoning district chance from the original district to PDD, in which the approved plan and a complete set of use and dimensional regulations become the basis for continuing land use controls.
§ 150-52 Objectives.
In order to carry out the purpose of this article, a PDD shall achieve at least the following objectives. It shall:
Work as a concentrated whole unit, being self-contained and nonconductive to expansion outside its boundaries at a future date, unless such expansion, when added to the original PDD, can act whit it to create a larger self-contained unit.
Provide open space as an integral part of the plan.
Provide convenient location of commercial and service areas.
Preserve trees, outstanding natural topography and geologic features and prevent soil erosion and ground and surface water pollution.
Make creative use of land and related physical development which allows for an orderly transition of land from rural to more urban uses.
Make efficient use of land resulting in smaller networks of utilities and streets and thereby lowering costs for construction, maintenance, and housing.
Provide a development pattern in harmony with the objectives of the Town of Owasco Comprehensive Plan and adopted Cayuga County land use policies and documents.
Provide a more desirable environment for dwelling, working, and/or recreation than would be possible through the strict application of the regulations of this chapter.
§ 150-53 General requirements.
Types of PDDs and permitted uses. The use of land and buildings in a PDD may be for any lawful purpose as authorized by the Town Board of Owasco in accordance with the procedures of this article. The following general uses, or combinations thereof, may be considered:
Residential Planned Development (RPD).
Residential uses. Residences may be a variety of types. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with the objectives of this article, and the applicant shall demonstrate that they are reaching as broad an economic market as possible.
Commercial, service, and other nonresidential uses in a primarily residential PDD. These uses may be permitted or required where such uses are scaled primarily to serve the residents of the RPD. Consideration shall be given to the project as it exists in its larger setting in determining the appropriateness of such uses. In no case shall more than 25% of the gross site area be permitted for commercial uses, services, or other nonresidential uses other than open space and nonprofit recreation.
Commercial Planned Development (CPD). If designed and organized toward the purposes and objectives of this article, a PDD with commercial uses as the major land use may be approved. All proposed shopping centers in the Town shall be subject to approval through the PDD procedures (see § 150-56B).
Industrial Planned Development (IPD). If designed and organized toward the purposes and objectives of this article, a PDD with industrial uses as the major land use may be approved. All proposed industrial developments for the Town of Owasco shall be subject to approval through the PDD procedures. Industrial uses shall not be permitted in combination with any residential use.
Minimum area. Under normal circumstances, the minimum area requirements for a PDD shall be 10 contiguous acres, unseparated by existing streets, highways, or other properties.
Ownership. The tract of land for the PDD shall be owned or under legal option to purchase by the applicant, who may be a single person, corporation, or a group of individuals or corporations. The application shall be filed by the owner or jointly by the owners of all property included in the PDD. In the case of multiple owners, the approved plan shall be binding on all owners.
Location. A PDD shall be applicable to any area of the Town of Owasco where the applicant can demonstrate that the characteristics of his holdings will meet the objectives listed in § 150-52 and the spirit of this article. A PDD proposal must demonstrate compatibility with the surrounding land uses, neighborhood character, traffic pattern, capacity, and volume.
Intensity of land use. Relatively high land use intensity or dwelling unit density may be permitted if it is demonstrated that a good overall dwelling, working, and/or recreational environment is thereby produced. In determining the suitability of land use intensity or dwelling unit density proposed for a PDD, each case shall be considered separately and independently. Proposed land use intensity ratings and/or dwelling unit densities shall be completely documents by all facts, opinions, and judgments used to justify the selection of the intensity rate or unit density.
Common property. Common property in a PDD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the individual building sites. When common property exists (and such may be required), the ownership of such common property may be either public or private. When common property exists in private ownership, satisfactory arrangements shall be made for the improvement, operation, and maintenance of such common property and facilities thereon, including but not limited to private streets, drives, service and parking areas, open space, and recreation areas.
§ 150-54 Application procedures for PDD approval.
For full approval of a proposed PDD, the applicant shall secure a zoning district change for their property from its present district to a Planned Development District, which process shall be that of amending this chapter and the Zoning Map to include the proposed PDD plan and all the related specifications and use and dimensional regulations specific thereto. After the zoning district change, it shall be required that the subdivision and platting of all lands in the proposed PDD be subject to § 150-55 of this article; and before construction and occupancy of buildings or land, the proper permits shall be secured by the applicant in accordance with Article XVIII of this chapter.
When any PDD is proposed, before any permit for erection of a permanent building in such PDD shall be granted, and before any subdivision plat or any part thereof may be filed in the Cayuga County Clerk's Office, the applicant or their authorized agent shall apply for and secure approval of such PDD in accordance with the following specific procedures:
Pre-application discussion stage. Prior to formal application, the applicant shall present the proposed PDD to the Planning Board in rough sketch and written descriptive form to get the initial opinions concerning the suitability of the concepts, and general elements of the development, and to make sure the required procedures for the PDD application are fully understood by the applicant. In this stage, it is advised that all the items identified in § 150-54B(2) be addressed at least in rough form by the applicant.
Application for PDD Zoning District Change. A complete application for the establishment of a PDD shall be made to the Town Board of Owasco in plan that consists of a plat (drawn to scale) and narrative and written application on forms provided by the Code Enforcement Officer. The acceptability of a PDD shall be based upon the Town Board's judgment concerning the overall quality of the PDD proposal, and the extent of its impact upon the Town, its citizens, and their properties. In order for the Town Board of Owasco to evaluate the PDD proposal, the application, in both its plan and written forms, shall address the following items:
Project particulars. Project particulars shall include the name and location of the project, name(s) and address(es) of the owner(s), a legal description of the property, and the names of the owners of abutting properties.
Type of PDD. The type of PDD proposed shall be fully described, including at least the following information:
Residential. Total acreage of residential area and each residential portion of the development; total number of dwelling units, and number in each residential portion; percentage and numbers of dwelling units by type (e.g., single-family, garden apartment, town houses, etc.); dwelling unit density per gross site acreage; estimated population of the development and estimated number of school-age children; total acreage of any commercial use area and percentage of total project area dedicated to commercial uses.
Commercial. Total acreage of commercial use area; gross leasable floor area in square feet; land use intensity rating; general description of commercial types and their general requirements for receiving and delivering goods.
Industrial. Total acreage of the industrial use area; land use intensity rating; types of industry and individual process involved; source, type of general quantities and method of shipment for raw materials; general quantities and method of shipment for products; types of wastes and residuals.
Staging of development. Description on plan and in written form of the planned staging of the project (and such staging may be required).
Natural site. A description of each existing natural site shall be included with at least the following information: soil characteristics and limitations; extent of and treatment intended for the site's vegetative cover (especially trees); topographical features (on topographical map); existing and proposed drainage; foreseeable needs of the site for construction precautions; existing conditions of and the projected effects upon the ground and surface waters of the site and community; possible air pollution hazards.
Site planning and design considerations. Descriptions and illustrations of the following: ingress and egress; parking; on-site pedestrian and vehicular circulation; general landscaping treatment; general location of buildings and other structures; locations of all facilities; and general visual description.
Transportation and traffic. Description of at least the following: existing streets serving the area; the level of service provided by existing streets in terms of traffic count; street traffic capacities; expected modifications for existing street systems required by the project; estimated daily automobile trips generated by the residential and other uses; availability of public transportation to site; and design considerations for preventing on-site and area traffic congestion.
General market information. Describe the need for the proposed land uses in their proposed locations and their proposed quantities; and the intended market structures for the residential units (e.g., prices and rents, describe whether low-to-moderate income, luxury, etc.)
Project fiscal impacts on Town. Calculations of projected Town revenues and costs expected by the Town as a result of the proposed development.
Utilities and related services. Describe the following and detail their intended locations on the plans: the method and projected quantities of wastewater (sewage) from the development; demands and source for water; level of service needed and available for fire protection; demands for and availability of gas and electricity; projected quantities of and method of disposal for solid wastes; and a stormwater pollution prevention plan shall also be provided. In addition, a description of the potential impact to the local school district(s) shall be furnished.
General effects of development on neighborhood, community appearance, and land use. Description of the effects on the appearance and relationship of the project to predominant character and land use in area (compatibility).
Relationship of proposed PDD to official Town and county development policies. Information on how the proposed PDD relates to local and area-wide goals and policies as stated in the Town of Owasco Comprehensive Plan and adopted Cayuga County land use policies and documents.
Development, operation, and maintenance of open space and common properties. A general statement concerning the responsibility for these and proposed methods for their implementation.
Development competence. Evidence in the applicant's behalf to demonstrate their competence to carry out the plan and their awareness of the scope of the project, physical and financial.
Other. Any other such information as the Town Board of Owasco deems to be reasonably pertinent to the adequate consideration and evaluation of the proposed project.
Referral to Town of Owasco Planning Board. The Town Board of Owasco shall immediately after receiving the application, refer it to the Planning Board for the purpose of review and recommendations. The Planning Board shall have 30 days from its next regularly scheduled meeting within which to report.
Referral to Cayuga County Planning Board. As applicable in accordance with § 239-l and § 239-m of Article 12-B of the New York State General Municipal Law, the Town Board of Owasco shall refer the PDD application for formal review and recommendations to the Cayuga County Planning Board, which shall have 30 days or an agreed-upon longer period from its next regularly scheduled meeting within which to submit its report.
Public hearing. Within 45 days after receiving a report from the Town of Owasco Planning Board, the Town Board of Owasco shall schedule and conduct a public hearing for the purpose of considering the change in zoning district to PDD for the applicant's plan in accordance with the procedures required under § 265 of the New York State Town Law.
Town Board of Owasco action. Within 45 days after a public hearing, the Town Board of Owasco shall render its decision on the PDD application. If the Town Board of Owasco grants the PDD zoning, the Official Zoning Map of Owasco shall be so notated, and this chapter shall be amended in order to define the legal boundaries of the PDD, but such action shall have the effect only of granting permission for development of the specific proposed land uses in accordance with the use and dimensional specifications, plans, and related materials filed with the Town Board of Owasco and related to the specific PDD; such specification, plans, and related material to include, if deemed necessary by the Town Board of Owasco to protect the public health, safety, and welfare of the Town, any conditions and requirements for the applicant to meet. The approved plan and the related attachments shall be deemed an amendment to this chapter and shall serve as continuing land use controls for the specific Planned Development District. The first such zoned PDD shall be designated "PDD-1," with subsequent unrelated PDDs to be numbered in continuing sequence.
Annual review of PDD. During the development stages, the Town Board of Owasco shall review the PDD annually in order to determine the amount and quality of the progress made by the applicant toward fulfilling the specifications and plans and any attached conditions. Based upon the progress made by the developer, the Town Board of Owasco may reconsider the PDD and further amend this chapter in relation to it if progress is not to the satisfaction of the Town Board of Owasco or not in keeping with the staging approved by said board.
§ 150-55 Subdivision plat approval.
If any portion of a PDD property is intended for sale or other form of transfer, whether immediate or future, the development shall be considered a subdivision of land and shall be subject to all applicable subdivision regulations as specified in Article XVIII of this chapter. Where the requirements and the specifications of the subdivision regulations are in conflict with the PDD plan approved by the Town Board of Owasco, the approved plan shall take precedence.
§ 150-56 Requirements for certain uses in Planned Development District.
The following uses shall be permitted in the Town of Owasco only in accordance with the procedures of this article; and, in addition to the other provisions of this article, the following requirements shall apply to the specific planned developments.
Mobile home park, subject to the following provisions:
A mobile home park shall comprise an area of not less than 10 acres, and no mobile home office or service building shall be closer than 100 feet to any street, road, or highway line nor closer than 100 feet to any property line.
A mobile home park shall be located on a well-drained site suitable for the purpose.
A mobile home park shall have an internal street system adequate for access of each mobile home lot. All parks shall have access from two points along a street, road, or highway, or, if bordering on two street roads or highways or combinations thereof, access may be one from each. Access points shall be separated by at least 100 feet. The surfaces of all streets in a mobile home park shall be paved.
The total number of mobile home lots shall not exceed six per gross acres.
Mobile home parks accommodating or capable of accommodating 25 or more mobile homes shall have at least one recreation area of at least 8% of the gross site area of the mobile home park.
All utility lines, including water, sewer, electric, and telephone shall be installed underground.
A mobile home park shall have buffer strips along the margins of the front, side, and rear property lines, provided that such buffer strips shall not interfere with the vision of motorists at intersections and the access points for the mobile home park; and such buffer strips shall be at least six feet in depth and shall consist of interlocking trees and foliage acceptable to the Town Board of Owasco and subsequently to the Code Enforcement Officer.
Suitable landscaping, including at least lawns and plantings, shall be installed and maintained in all mobile home parks.
A sufficient supply of pure, healthful drinking water approved by the Cayuga County Health Department shall be provided in a mobile home park. If the water is from a private source, periodic tests shall be made as requested by the Cayuga County Health Department.
Sewage from each mobile home park shall be removed into a public sewer system approved by the Cayuga County Health Department or into a private sewer system with disposal plant or septic tank approved by said Health Department.
All mobile homes installed in mobile home parks shall be constructed and installed in compliance with the applicable provisions of the New York State Executive Law - Uniform Fire Prevention and Building Code.
Storage space within a permanent, enclosed structure shall be provided in an amount equal to at least 100 square feet for each mobile home in the mobile home park.
One garbage receptacle of metal with a tight-fitting cover shall be provided for each mobile home, and one large metal receptacle for trash shall be provided for every two mobile homes. These receptacles shall be kept in sanitary condition and emptied weekly by the licensee or their agent.
Individual mobile home lots in a mobile home park shall have an area of not less than 6,000 square feet with a minimum width of 60 feet.
No mobile home or portion therefor shall be placed closer to any other mobile home or building or portion thereof than 35 feet.
The approach area to each entrance of a mobile home or addition thereof shall have the minimum dimensions of four feet by eight feet with construction of concrete, crushed stone, cinderblock, flagstone, or equivalent, such to provide for a reasonably dry surface.
Each mobile home shall be placed upon a reinforced pad with minimum dimensions of the size of the mobile home.
Parking spaces shall be provided at the rate of at least two car spaces for each mobile home, plus an additional care space for each four lots.
Each mobile home shall be provided with skirting of attractive, fireproof material. The entire base of the mobile home shall be enclosed, and a three-foot door panel shall be provided in the skirting to permit access.
No addition to a mobile home shall be constructed which would increase the living floor space of that mobile home. Additions for the purposes of such storage space, protection from the sun and weather, or other similar purpose, including but not limited to awnings, covered patios, and carports, may be permitted only upon approval of the park operator and the Code Enforcement Officer.
Shopping center. A shopping center is comprised of a group or groups of integrated structures designed as an architectural unit within which retail trade and related service activities shall wholly be conducted in an enclosed building; planned, developed, owned, and managed as a unit; subject to the following provisions:
The minimum lot size for such use shall be 10 acres.
Off-street parking space shall be provided in an amount of at least 5.5 parking spaces per 1,000 square feet of floor area in the building(s).
Along any adjoining lot line, a buffer strip shall be provided which shall not be less than 25 feet in thickness and shall be planted with at least grass, shrubs, and trees (to attain an average height of at least 12 feet) along the entire length of the lot line to serve as a barrier to visibility, airborne particles, glare, and noise. Such screen planting shall be located within at least the exterior 10 feet of the buffer strip.
All parking, loading, access, and service areas shall be adequately illuminated at night. Such lighting, including sign lighting, shall be arranged in order to protect the highway and adjoining property from direct glare or hazardous interference of any kind.
All utility lines servicing a shopping center shall be placed underground.
A shopping center shall have its frontage on a state or county road, and ingress and egress for the site shall be designed so as not to constrict the flow of traffic on a public road.
Golf course and country club, subject to the following provisions:
Minimum lot size shall be 40 acres.
All buildings shall be not less than 100 feet from any lot line.
Such use shall not be permitted in the Lakeshore District ("L") and shall be permitted in the Residential District ("R") only when planned as a part of a Residential Planned Development (RPD).
Natural resource extraction.
Lot size. All extractive industry or mining uses shall have a minimum lot size of 20 acres.
Setback. The boundaries of any mining operation permitted herein shall be set back at least 200 feet from any property line, the boundary line of any street or public thoroughfare right-of-way, or any residence or other human-occupied structure.
Transportation and vehicle access: Local Town roads that are used for ingress and egress from the site shall be hard surfaced and able to handle the traffic load as certified by the Town Highway Superintendent. Evidence must be submitted to the Planning Board's satisfaction that the site will not impose undue damage or excessive wear and tear upon roads and bridges controlled by the local government by virtue of the type and volume of traffic to be generated by the proposed operation.
Routing of mineral transport vehicles on roads controlled by the town shall be determined by the Planning Board based upon evidence gathered by the Board and submitted by the applicant and/or any interested persons. Public health, safety and general welfare considerations shall principally govern the selection of appropriate routes.
Mine access roads at all points, including but not limited to the main entrance and exits of the mine, shall be set back at least 200 feet from any existing residence or public building.
A barrier consisting of gates across all ingress and egress points and ditching, berming or erection of other similar physical barriers to deter unauthorized vehicular access to the mine must be provided. All gates shall be closed and locked at all times except during working hours of such operations or when employees shall be within.
No extractive industry or mining use shall emit dust, noise, or vibration beyond the geographical limits of the use.
The applicant shall give assurance of proper construction and maintenance practices and financial responsibility to protect citizens and properties from injury or damage from fire or other safety concerns; air, ground, or water pollution; soil erosion or sedimentation; trespass; and use of Town highways.
Performance bond. The applicant shall be required to furnish a performance bond in an amount determined by the Town Engineer, approved by the Planning Board and the Town Board; and to be held by the Town Clerk to be sufficient to guarantee the restoration of Town roads use for ingress and egress from the site to its original condition after construction.
The application shall contain the following information for the Planning Board to review and consider:
A map, at a scale of one inch equals no more than 100 feet, showing all land within 200 feet thereof, with exact locations of all buildings, streets, utilities, drainage or other easements, watercourses, lot lines, block and lot numbers and names of the landowners. Such map shall also show the present topography at five-foot contour intervals. The map shall be signed by a licensed engineer or land surveyor for certification of its accuracy and source.
There shall be a 100-foot buffer area from the area of operation and adjoining streets or property lines.
Appropriate barriers that may be needed to restrict access to the site.
Hours of operation shall not exceed 6:00 a.m. to 7:00 p.m. EST Monday through Saturday.
Measures that will be implemented to control fugitive dust from migrating off-site.
Measures to mitigate any other impact that may arise as a result of the extractive or mining operation.
For extractive industries or mines subject to New York State Department of Environmental Conservation (DEC) permitting and regulation, as set forth in the New York Environmental Conservation Law § 23-2711 (excavation of more than 1,000 tons or 750 cubic yards, whichever is less, of minerals from the earth within 12 successive calendar months; or over 100 cubic yards of minerals from or adjacent to any body of water) the following requirements apply:
The application shall also contain the following information for the Planning Board to review and consider:
Copies of all documentation between the applicant and NYS DEC, specifically including but not limited to: the application, plan, reclamation plan, reclamation bond(s), environmental impact statement(s), engineering reports, and renewal application(s).
Any other information deemed relevant in the consideration process by the Planning Board.
At all times, the applicant shall maintain a valid, in force NYS DEC permit. Any expirations, renewals, modifications, or changes to the NYS DEC permit are subject to further review and renewal of the special exception permit by the Planning Board.
At all times, the applicant shall be required to operate in compliance with the NYS DEC permit.
At all times, the applicant shall be required to possess and maintain a valid, in force reclamation bond as required by NYS DEC.
For extractive industry or mining operations not subject to New York State Department of Environmental Conservation (NYS DEC) permitting and regulation, the application shall also contain the following information for the Planning Board to review and consider:
A plan setting forth in reasonable detail the proposed site, length of operation and type and quantity of materials to be removed.
A reclamation plan to provide for restoration of the proposed site.
A reclamation bond or other suitable financial security in an amount determined suitable in the discretion of the Town Board to ensure compliance with the reclamation plan.
An erosion and sediment control plan.
Any other information deemed relevant in the consideration process by the Planning Board.
The Code Enforcement Officer shall have the right to inspect all or any part of the extractive industry or mining operation.
Any area that has been used for mining in the Town of Owasco but has not sold its product commercially for one year prior to the date of enactment of this chapter, or as amended will be considered an inactive and unpermitted use, and will be required to apply for the right to operate under the terms of this chapter.