Rotterdam City Zoning Code
ARTICLE XIII
PRD Planned Residential Development District
§ 270-92 Legislative intent; objectives.
A.
Intent.
(1)
It is the intent of these planned residential development provisions to provide flexible use and design regulations through the use of performance criteria so that small- to large-scale neighborhoods or portions thereof may be developed within the Town which incorporate a variety of residential types and contain both individual building sites and common property which are planned and developed as a unit. Such a planned residential development is to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common property in order to function as a neighborhood. This article specifically encourages innovation in residential development so that the growing demands 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 article recognizes that, while the standard zoning function and the subdivision function are appropriate for the regulation of the land use in areas or neighborhoods which are already substantially developed, these controls represent a type of preregulation, regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in this planned residential development concept. Further, this article recognizes that a rigid set of space requirements, along with bulk and use specifications, would frustrate the application of this concept. Thus, where planned residential development techniques are deemed appropriate through the rezoning of land to a Planned Residential Development District by the Town Board, the set of use and dimensional specifications elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.
B.
Objectives. In order to carry out the intent of this article, a planned residential development shall achieve the following objectives:
(1)
A maximum choice on the types of environment, occupancy tenure (e.g., individual ownership, condominium, leasing), types of housing, lot sizes and community facilities available to existing and potential Town residents at all economical levels, particularly elderly residents of the community.
(2)
More usable open space and recreation areas.
(3)
More convenience in location of accessory commercial and service areas.
(4)
The preservation of trees, outstanding natural topography and geologic features and 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 streets and thereby lower housing costs.
(7)
A development pattern in harmony with the objectives of the Comprehensive Plan.
(8)
A more desirable environment than would be possible through the strict application of other articles of this chapter.
§ 270-93 Minimum site size.
Under normal circumstances, the minimum area required to qualify for a Planned Residential Development District shall be 25 contiguous acres of land.
§ 270-94 Single and multiple ownership of land.
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.
§ 270-95 Location.
The Planned Residential Development District shall be applicable to any area of the Town where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article.
§ 270-96 Common open space.
Common open space shall comprise a minimum of 10% of the gross area of the planned residential development to be used for recreational, park or environmental amenity for collective enjoyment by occupants of the development but shall not include public or private streets, driveways or utility easements. No more than 50% of the common open space of a proposed planned residential development shall be comprised of floodplains or slopes over 35%.
§ 270-97 Permitted uses.
Permitted uses within a PRD District shall be as follows:
A.
Residential uses: detached, semidetached or attached one-family dwellings, garden apartments and townhouses.
B.
Nonresidential uses: active and passive park and recreation areas, open space and facilities, including swimming pools, tennis courts, ball fields, playgrounds, walkways, bikeways, nature trails and similar structures and facilities.
C.
Accessory uses: those accessory uses and structures permitted in the R-3 District.
§ 270-98 Standards and criteria.
A planned residential development plan that is in conformance with the criteria established in §§ 270-92 through 270-97 hereof conserves natural amenities and is consistent with the following standards shall be deemed to have qualified for tentative approval:
A.
General planning considerations.
(1)
The plan may provide for a mixture of those uses set forth in § 270-96 above; provided, however, that not more than 25% of the total number of proposed dwellings shall be townhouses.
(2)
No building or structure shall be more than 40 feet in height as defined in § 270-5 of this chapter.
(3)
The intent of this article is to encourage excellent quality development and to take into consideration the appearance of all elevations and the arrangement of the buildings and external spaces and materials used therein.
(4)
Nonresidential uses shall be designed and intended primarily for the use of the residents of the planned residential development and the immediate neighborhood, and the burden of proof shall be upon the applicant to prove that such is the case. No building designed or intended to be used in part or in whole for institutional purposes shall be constructed prior to the construction and completion of not less than 20% of the dwelling units proposed in the plan. Recreational and open space uses shall be incorporated into each phase or stage of development in the manner prescribed by the plan. Applicable recreational facilities shall be completed before construction of the next phase.
(5)
Maximum residential density. In consideration of the intent of the provisions of this article, the Town Board may permit a greater number of dwelling units per acre than is permitted by this chapter otherwise applicable to the site. Applicants requesting such density increase shall be required to submit the following:
(a)
A preliminary sketch plan which conforms to all standards and criteria of the effective zoning to establish the maximum permitted density.
(b)
A preliminary sketch plan which conforms to all requirements of this article illustrating the planned residential development based upon the requested density increase.
B.
Consideration for density increase shall be governed by the criteria listed below, which are to be treated as additive, not compounded.
(1)
Open space (as defined in § 270-96) reservation shall be considered as a basis for density increases according to the following provisions:
(a)
If 5% of the gross area of the planned residential development is reserved for common usable open space in addition to the minimum required open space set forth in § 270-96, the applicant shall receive a ten-percent density increase if such open space area is improved and a five-percent density increase if unimproved.
(b)
If 10% of the gross area of the planned residential development is reserved for common usable open space in addition to the minimum required open space set forth in § 270-96, the applicant shall receive a fifteen-percent density increase if such open space area is improved and a seven-and one-half-percent increase if unimproved.
(c)
If 20% of the gross area of the planned residential development is reserved for common usable open space in addition to the minimum required open space set forth in § 270-96, the applicant shall receive a fifteen-percent density increase if such open space area is improved and a ten-percent density increase if unimproved.
(2)
Character, identity and architectural and siting variation incorporated in a development shall be considered cause for density increases not to exceed 10%, provided that these factors make a substantial contribution to the objectives of a planned residential development. The degree of distinctiveness and the desirable variation achieved shall govern the amount of density increase which the Town Board may approve. Such variations may include, but are not limited to, the following:
(a)
Landscaping (a maximum increase of 5%), streetscaping, open spaces and plazas, use of existing landscape, pedestrian way treatment and recreational areas.
(b)
Siting (a maximum increase of 2.5%), visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical and environment, in building setbacks and building groups (such as clustering).
(c)
Design features (a maximum of 2.5%), street sections, architectural styles, harmonious use of materials, parking areas broken by landscape features and varied use of house types.
§ 270-99 Establishment of homeowners' association.
A.
In accordance with § 281, Subdivision 3(c), of the Town Law, the Town Board shall require the landowner to provide for and establish a homeowners' association for the maintenance, preservation and ownership of the common open space, including private streets, drives, service and parking areas and recreational areas. Membership in such homeowners' association shall be made a restriction to the deed conveying ownership of a dwelling in the planned residential development. Such organization shall not dispose of the common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space.[1]
B.
The applicant shall set forth the terms and requirements of ownership and maintenance of the common open space in a homeowners' association agreement, such agreement being made part of a deed of ownership. The homeowners' association agreement shall be submitted to the Town Board for review as part of the application for planned residential development approval.
§ 270-100 Modification of specifications.
A.
The uniqueness of each proposal for a planned residential development may require that the specifications for the width and surfacing of streets and highways, alleys, ways for public utilities, for curbs, gutters, sidewalks, streetlights, public parks and playgrounds, school grounds, stormwater drainage, water supply and distribution, sanitary sewers and sewage collection and treatment shall be subject to modification from the specifications established in other Town ordinances.
B.
The Board may therefore waive or modify the specifications otherwise applicable for a particular public facility where the Board finds that such specifications are not required in the interest of the residents of the planned residential development and that the modifications of such specifications are consistent with the interests of the entire town. Proposed specifications and standards which are inconsistent with those required under the prevailing Town ordinances shall be termed acceptable upon approval by the Board.
§ 270-101 Site requirements.
A.
Where there is a question as to the suitability of lots for their intended use due to factors such as steep slopes, stream corridors, rock formations, flood conditions or similar circumstances, the Town Board may, after adequate investigation, withhold approval of such lots.
B.
The Town Board may deny an application for planned residential development approval where a significant portion of the tract is unsuitable for development by reason of its geology and topography or other significant natural features (such as landscape, stands of mature trees, brooks, ponds, hilltops and views) or other environment or ecological constraints, or where the proposed development would substantially degrade unique or irreplaceable land types or the critical areas or substantially impair the regenerative capacity of aquifers and other groundwater supplies, or where the proposed development would not permit the preservation of historic sites in an appropriate setting.
C.
Existing trees shall be preserved wherever possible. The location of trees must be considered when planning the common open space, location of buildings, underground services, walks, paved area, playgrounds, parking areas and finished grade levels.
D.
The Board shall inquire into the means whereby trees and other natural features will be protected during construction. Excessive site clearing of topsoil, trees and natural features before the commencement of building operations will be discouraged by the Board.
E.
The finished topography of the site shall adequately facilitate the proposed development without excessive earth moving and destruction of this and other natural amenities.
F.
Natural features, such as lakes, streams, topsoil, trees and shrubs, shall be preserved and incorporated into the final landscaping of the development whenever possible.
G.
Seeding, sodding and other planting shall be applied to stabilize topsoil on steep slopes and enhance the appearance of open areas.
H.
Where adequate surface drainage is not possible by means of grading alone, a supplementary drainage system to be approved by the Town Engineer will be required.
§ 270-102 Design standards.
A.
All housing shall be designed with regard to topography and natural features of the site. The effects of prevailing winds, seasonable temperatures, most scenic views and hours of sunlight on the physical layout and form of the proposed land use and buildings shall be taken into account.
B.
To create architectural interest in the arrangement and character of housing fronting streets, variations in setbacks will be encouraged.
C.
All housing should be located so as to provide adequate privacy and ensure natural light in all principal rooms.
D.
Routes for vehicular and pedestrian access and parking access shall be convenient without creating nuisances or detracting from privacy.
E.
The approximate location and arrangement of buildings and open spaces must be shown so that the Board may review the intensity of land use and serve the public interest by protecting neighboring land uses.
F.
The following requirements shall apply:
(1)
No dwelling shall be within 20 feet of the curb of any road.
(2)
No housing shall be erected within 35 feet of any other housing or within a distance equal to its height, whichever is greater.
(3)
There shall be a minimum of 50 feet between any wall containing 10% or more of principal windows in living areas and any other such wall.
(4)
There shall be a minimum of 30 feet between any facing wall containing principal windows in living areas and the curbs of any street.
(5)
There shall be a minimum of 10 feet between any parking area and any structure, except when waived or modified by the Board. Such area shall contain a fence, a wall or dense landscaping, as deemed appropriate by the Board.
(6)
No more than two adjacent dwelling units shall have the same setback.
(7)
All structures shall be a minimum of 50 feet from the property lines of the development, and a planting strip of no less than 10 to 15 feet shall be provided along all properly lines adjacent to the development where privacy of other parties is a consideration.
(8)
Each townhouse unit must be at least 20 feet wide.
§ 270-103 Street and sidewalk design.
All streets and sidewalks must conform to the town's design standards with respect to rights-of-way, width, paving specifications, cartway design, horizontal and vertical alignment, site distances and drainage provisions, except when modified or waived by the Board. Pedestrian circulation systems must be provided as convenient, safe and attractive links between residential groupings, open space areas, recreation areas and schools.
§ 270-104 Parking.
A.
For each dwelling unit, there shall be two off-street parking spaces consisting of not less than 200 square feet each, half of which shall be garage space, with adequate access provided.
B.
Parking areas shall be arranged so as to prevent through traffic to other parking areas.
C.
Parking areas shall be screened from adjacent structures, roads and traffic arteries by means of hedges, dense planting, earth berms, changes in grade or walls.
D.
No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by landscaping.
E.
No more than 60 parking spaces shall be accommodated in any single parking area.
F.
All streets and any off-street loading area shall be paved, and the design thereof shall be approved by the Board. All areas shall be marked so as to provide for orderly and safe loading, parking and storage.
G.
Parking for nonresidential purposes shall be provided appropriate to the type of nonresidential use, as deemed adequate by the Board.
H.
All parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from adjoining residences.
I.
All parking areas and off-street loading areas shall be paved with a dust-free permanent surface, graded and drained so as to dispose of all surface water without erosion, flooding and other inconveniences.
§ 270-105 Landscaping.
A.
Landscaping shall be regarded as an essential feature of every planned residential development in order to enhance the appearance of housing, provide protection from wind and sun and screen roads, parking areas and nearby property from view. All trees and shrubs shall be maintained in healthy condition or replaced with others of similar size and type.
B.
All parking areas shall be landscaped. In addition to other requirements of this section, the interior of a parking lot shall have one four-inch-caliper shade tree for every four cars.
§ 270-106 Street signs, street furniture and streetlighting.
§ 270-107 Application and approval procedure.
Whenever any planned residential development is proposed, before any permit for the erection of a permanent building in such planned residential development shall be granted and before any subdivision plot of any part thereof may be filed in the office of the Schenectady County Clerk, the developer, or his authorized agent, shall apply for and secure approval of such planned residential development in accordance with the following procedures:
A.
Application for sketch plan approval.
(1)
In order to allow the Town authorities and the developer to reach an understanding on basic design requirements prior to detailed design investment, the development shall submit a sketch plan of his proposal to the Planning Board. The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information:
(a)
The location of the various uses and their areas.
(b)
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.
(c)
Delineation of the various residential areas, indicating for each such area its 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, garden apartments) and 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 based upon the method set forth in § 270-98A(5) above.
(d)
The common open space system.
(e)
The overall drainage system.
(f)
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.
(g)
Principal ties to the community at large with respect to transportation, water supply and sewage disposal.
(h)
General description of the provisions of other community facilities, such as schools, fire-protection services and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.
(i)
A location map showing uses and ownership of abutting lands.
(2)
In addition, the following documentation shall accompany the sketch plan:
(a)
Evidence of how the developer's particular mix of land uses meets existing community demands.
(b)
Evidence that the proposal is compatible with the goals of the Official Comprehensive Plan.
(c)
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.
(d)
Evidence of any sort in the applicant's own behalf to demonstrate his physical and financial competence to carry out the plan and his awareness of the scope of such a project.
(e)
A long-form environmental assessment shall be submitted together with a list of other permits required and involved agencies. If determined necessary, an environmental impact statement will be prepared in accordance with the requirements of the New York State Environmental Quality Review Act.[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0105.
B.
Planning Board review. The Planning Board shall review the sketch plan and other documents submitted by the applicant and shall render either a favorable or an unfavorable report to the Town Board.
(1)
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 the report:
(a)
The proposal conforms to the Town Comprehensive Plan.
(b)
The proposal meets the intent and objectives of planned unit development, as expressed herein.
(c)
The proposal meets all the general requirements of this article.
(d)
The proposal is conceptually sound in that it meets a community need and it conforms to accepted design principles 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.
(e)
There are adequate services and utilities available or proposed to be made available in the construction of the development.
(2)
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.
C.
Completed application. 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.
§ 270-108 Amendments.
A.
Town Board action. Upon completion of the requirements for review under the New York State Environmental Quality Review Act[1] and 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 residential development districting for the applicant's plan in accordance with the procedures established by the Town Law.
[1]
Editor's Note: See Environmental Conservation Law § 8-0105.
B.
Referrals. The Town Board shall refer the application to amend the Zoning Map to the Schenectady County Planning Department and to the Commissioner of the Department of Public Works. The Commissioner shall report to the Town Board on the adequacy of the utilities, layout parking, site design, drainage, streets and other aspects of the development consistent with the purposes of this chapter. The report of the Commissioner may include such actions, stipulations or conditions which are deemed necessary and appropriate.
C.
Decision. The Town Board shall act on the rezoning application in accordance with Town Law and may attach to its authorizing resolution any modifications, conditions, safeguards or requirements as may be appropriate.
D.
Effect of approval.
(1)
If the Town Board grants the planned residential development district, the Zoning Map shall be so annotated. Approval by the Town Board shall be deemed to authorize the applicant to proceed with detailed design of the initial stage(s) of the proposed development and to submit applications for final site plan approval of such stage(s) in accordance with the approved planned residential development sketch plan and any modifications, conditions, safeguards or requirements thereto, and to thereafter design and submit detailed site plan applications for each subsequent stage(s).
(2)
Approval by the Town Board shall not be deemed to waive any right of the Planning Board to a detailed review of any aspect of the development under the site plan authorization procedures set forth in this chapter.
E.
Expiration. Approval or approval with modifications of the planned residential development zoning shall expire at the end of 12 months after the effective date, unless the applicant has submitted at least one final site plan application for all or a section of the planned residential development, or such time limit is extended by action of the Town Board.