Saranac Lake Village
City Zoning Code
City Zoning Code
ARTICLE X
Planned Unit Development Districts
§ 106-49 Intent; objectives; applicability.
A.
Intent. As described in § 7-703-a of the Village Law, the Planned Unit Development District (PUDD) procedure provides a flexible land use and design regulation through the use of performance criteria so that development may be matched to the unique characteristics of the site. Furthermore, in a PUDD, innovative development techniques may be accommodated that might not otherwise be possible through strict application of standard land use and subdivision requirements. The PUDD serves as a floating zoning district applicable to any area within the Village. The conventional use, dimensional and density standards set forth in Schedules 1 and 2 of this code are replaced by standards in an approved PUDD, which then become the standards established by the Board of Trustees for detailed design, review and control and subsequent development.
B.
Objective. In order to carry out the intent of this chapter, a PUDD shall achieve a development pattern in harmony with the Village's established community planning goals and this code.
C.
Applicability. This chapter shall provide the procedure and standards for review and approval of any PUDD application previously submitted to the Village Board as well as any PUDD application submitted to the Village Board after the effective date of this chapter.
§ 106-50 General application standards.
A.
An applicant for a PUDD may seek preapplication, nonbinding guidance with respect to a proposed PUDD at a conceptual level pursuant to § 106-52 of this chapter.
B.
An application for a proposed PUDD shall be made to the Board of Trustees, pursuant to § 106-53, on application forms provided or as otherwise specified by the Director.
C.
The decision on an application for a proposed PUDD is made by the Board of Trustees pursuant to § 106-53I, based on guidance and recommendations from the Development Board pursuant to § 106-53H and the standards for PUDD approval set forth in § 106-51.
§ 106-51 Standards for PUDD approval.
The legislative determination by the Board of Trustees to establish a PUDD shall be based upon the following standards:
A.
Location. A PUDD may be established at any location within the Village.
B.
PUDD size. The proposed site for a PUDD shall include a minimum of three contiguous acres of land within the Village, provided that the proposed site for a PUDD for any PUDD application submitted to the Village prior to the effective date of this chapter shall include a minimum of three acres.
C.
Property control. The proposed site for a PUDD must be owned, leased or otherwise legally controlled by the applicant or applicants for the PUDD.
D.
Stormwater control. The amount of area covered by building or impervious area shall comply with the standards of the district in place on the date that the PUDD application is received by the Director.
E.
Building design. The building design shall take into consideration factors including, but not limited to:
(1)
The layout and design of buildings to provide for convenient access to and from adjacent uses and neighborhoods;
(2)
Individual buildings shall generally be related to each other in design, masses, elevations, materials, elevation, placement and connections, to provide a visually and physically integrated development;
(3)
The design of buildings and the parking facilities to take advantage of the topography of the site, where appropriate, to provide separate levels of access;
(4)
The orientation of buildings, where possible, to ensure adequate solar orientation for maximization of passive and active solar energy options, light and air exposure to the rooms within and to adjacent properties;
(5)
The arrangement of buildings so as to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be so oriented as to preserve visual and audible privacy between adjacent buildings; and
(6)
All buildings shall be arranged so as to be accessible to emergency vehicles.
F.
Open space. There shall be open space provided in the PUDD that is appropriate for the location and unique characteristics of the proposed site.
(1)
The location, shape, size and character of the open space must be suitable and appropriate to the scale and character of the PUDD, considering its size, density, expected population, topography, and the number and types of buildings and uses to be provided;
(2)
Open space shall be reserved for one or more of the following uses:
(a)
Recreation structures;
(b)
Active recreation;
(c)
Passive recreation;
(d)
Areas providing wildlife habitat;
(e)
Linkages in the community open space system.
(3)
Open space shall be suitable for its intended use.
(4)
Open space shall be exclusive of any land area used primarily for vehicular modes of transportation, including parking areas, garages, carports, docks and other features.
(5)
The ownership of such open space may be either public or private but shall be secured in perpetuity by appropriate legal mechanisms that also ensure its maintenance.
G.
Circulation system design:
(1)
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways and off-street parking and loading spaces;
(2)
Roads, pedestrian walks 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 appropriately landscaped; and
(3)
The design shall consider and to the extent practicable incorporate pedestrian, bicycle and trail improvements as described in the Village 2012 Bicycle, Pedetrian and Trail Master Plan. The application for PUDD shall include an analyisis of pertinent sections of the referenced Master Plan and how the proposed PUDD design incorporates any applicable site-specific bicycle, pedestrian or trail improvements and overall accommodations as specified in the Master Plan.
H.
Impacts. The PUDD will improve the appearance and function of the proposed site while satisfactorily mitigating adverse impacts associated with the PUDD.
I.
Community benefits. The PUDD has the potential to provide substantial economic, social, environmental, open space and other benefits to the Village.
J.
Community goals. The PUDD will advance established community planning goals.
K.
Community interest. The PUDD is in the overall best interests of the Village, including the neighborhoods immediately surrounding the PUDD.
§ 106-52 PUDD Preapplication process.
A.
An applicant for a proposed PUDD may request preliminary consultations and an informal assessment of the proposed PUDD by the Director. General information about the proposed site and a description of the proposed PUDD should be provided to the Director.
B.
An applicant for a proposed PUDD may request preapplication conceptual review by the Board of Trustees. A request for preapplication conceptual review shall be submitted in writing to the Director and should include:
(1)
A narrative description of the proposed site in its current state. Such a description shall include but not be limited to:
(a)
A general description of the location of the site within the Village;
(b)
A general description of the neighborhood context in which the site is located;
(c)
A description of the land uses and land use density present on the site and on those parcels immediately adjoining the site;
(d)
A description of the current zoning on site and on those parcels immediately adjoining the site;
(e)
A description of natural environs, including their condition, on the site and on those parcels immediately adjoining the site. Photographs are encouraged; and
(f)
A description of the man-made features [buildings, structures, infrastructure (roads, water, sewer, telecommunications, etc.)] on the site, including a description of their condition. Photographs are encouraged.
(2)
An existing conditions plan at a scale of one inch equals 50 feet illustrating the existing conditions, including the location of buildings, structures, infrastructure, natural features and overall characteristics of the proposed site. The plan should extend 500 feet beyond the boundary of the proposed site. A current aerial photograph with land uses and natural features identified is acceptable;
(3)
A concept plan at a scale of one inch equals 50 feet illustrating how development could be accommodated on the proposed site if the standards of the current zoning district were complied with;
(4)
A concept plan at a scale of one inch equals 50 feet illustrating the design and layout of the proposed PUDD; and
(5)
A brief narrative or tabular accounting of how the plans specified in Subsection B(2), (3) and (4) compare in terms of impacts to the proposed site and the adjoining neighborhoods. Impacts that may be compared include but are not limited to:
(a)
Traffic;
(b)
Types of land use;
(c)
Density of building coverage;
(d)
Stormwater runoff volume and rate, pre- and post-development;
(e)
Vegetative cover, retained and planted;
(f)
Amount of pervious and impervious surface area, pre- and post-development;
(g)
Building architecture, pre- and post-development;
(h)
Preservation of natural features on the site, pre- and post-development;
(i)
Creation/enhancement of pedestrian, bicycle and trail infrastructure. Recommendations of the Village 2012 Bicycle, Pedetrian and Trail Master Plan shall be considered and specifically accounted for;
(j)
Expansion of recreational opportunities; and
(k)
Protection of open space.
C.
Once the Director determines that sufficient information has been provided by the applicant, he shall refer the request for preapplication conceptual review to the Board of Trustees.
D.
Upon receipt of a request for preapplication conceptual review for a PUDD, the Board of Trustees may:
(1)
Decline to consider the request; or
(2)
Accept the request and schedule a joint work session with the Development Board to discuss the request and to formulate recommendations to the applicant.
E.
After the joint work session with the Development Board and any opportunity for public comment it determines to be appropriate, the Board of Trustees shall provide written recommendations to the applicant on its request for preapplication conceptual review, taking into account the standards for PUDD approval in § 106-51, the Development Board's input and any public comment received.
F.
The amount and value of guidance which can be expected in the preapplication process is dependent on the quality of the information provided. In this respect, such information (including access to the site of the proposed PUDD) will be critical to that guidance and, thus, should be provided as soon as reasonably practical by the applicant.
G.
Plans and information provided by the applicant shall not be binding upon the applicant; nor shall guidance or recommendations by the Development Board or Director, or comments by the Board of Trustees, be binding upon the Director, Development Board, or Board of Trustees with respect to any subsequent application for a proposed PUDD.
§ 106-53 PUDD application process.
A.
An application for establishment of a PUDD shall be made in writing to the Board of Trustees and shall be accompanied by the applicable fee. The application shall also be accompanied by a full environmental assessment form or draft environmental impact statement as required by SEQR, or other documentation establishing that the proposed PUDD is a Type II action pursuant to 6 NYCRR Part 617. The Board of Trustees shall refer the application to the Director, who shall provide it to the Development Board after determining that it is a complete application for purposes of review. A complete application shall include, as the Director determines applicable, the information specified in § 106-53B through F. Additional information may also be required by the Director for a complete application.
B.
The application shall also include an assessment of consistency with the LWRP as set forth in Part 2, Article XV, of this code.
C.
General requirements:
(1)
A general description of the location of the site within the Village;
(2)
A general description of the neighborhood context in which the site is located;
(3)
A description of the land uses and land use density present on the site and on those parcels immediately adjoining the site;
(4)
A description of the current zoning on site and on those parcels immediately adjoining the site;
(5)
A description of natural environs, including their condition, on the site and on those parcels immediately adjoining the site. Photographs are encouraged;
(6)
A description of the man-made features [buildings, structures and infrastructure (roads, water, sewer, telecommunications, etc.)] on the site, including a description of their condition. Photographs are encouraged;
(7)
The desirability of the proposed land use in the proposed location;
(8)
The existing character of the neighborhood;
(9)
Existing state, county, or Village highways that provide access to the site;
(10)
Compatibility with established community planning goals;
(11)
Phasing program if phases are proposed or if the proposed land uses will require more than 24 months to be completed;
(12)
Permitted uses, condition and accessory uses;
(13)
Maximum development intensity of proposed uses;
(14)
A proposed amendment to this code, including, at a minimum, a metes and bounds description of the property included in the PUDD application and the standards for development; and
(15)
A brief narrative or tabular accounting of how the proposed PUDD compares in terms of impacts to the proposed site and the adjoining neighborhoods. Impacts that may be compared include but are not limited to:
(a)
Traffic;
(b)
Types of land use;
(c)
Density of building coverage;
(d)
Stormwater runoff volume and rate, pre- and post-development;
(e)
Vegetative cover, retained and planted;
(f)
Amount of pervious and impervious surface area, pre- and post-development;
(g)
Building architecture, pre- and post-development;
(h)
Preservation of natural features on the site, pre- and post-development;
(i)
Creation/enhancement of pedestrian and bicycle infrastructure;
(j)
Expansion of recreational opportunities: and
(k)
Protection of open space.
D.
Site plan/circulation:
(1)
Access, circulation, parking, and transportation management;
(2)
Proposed location, type and size of signs and driveways;
(3)
Vehicular traffic circulation features, including proposed highways and roadways within the PUDD;
(4)
Accommodation of multi-modal transportation (bikes, pedestrians, trails) to, from, and through the district. The application shall include a description of an analysis of the Village 2012 Bicycle, Pedetrian and Trail Master Plan and how the PUDD design specifically provides for overall or site specific improvements as called for in the referenced Master Plan;
(5)
The number, size and location of automobile parking areas and loading areas and the proposed access to such areas.
E.
Site plan/structures:
(1)
The general location of principal and accessory buildings in relation to one another and to other structures in the vicinity;
(2)
The conceptual footprint, height and bulk of buildings and the intended use for such buildings;
(3)
Floor area ratio for nonresidential uses;
(4)
Lot coverage;
(5)
Build-to distances from public and private ways;
(6)
Setbacks for structures and parking areas;
(7)
Minimum lot size;
(8)
Minimum lot frontages and building massing;
(9)
Preservation of historic structures;
(10)
Design standards and guidelines; and
(11)
Other site plan improvements.
F.
Site plan/landscaping:
(1)
General landscaping concept and features;
(2)
The level of preservation of open space and natural areas; also, the amount and location of open space recreation area and pedestrian circulation areas and provisions for permanent protection; and
(3)
Design standards and guidelines.
G.
Site plan/engineering and environmental:
(1)
Infrastructure improvement preliminary plans, including water supply source and delivery, drainage, and energy;
(2)
The general plan for the collection and disposal of sanitary wastes for the PUDD;
(3)
The proposed safeguards to be provided to minimize possible detrimental effects of the proposed use on adjacent properties, the surrounding neighborhood, and the environment in general (i.e., stormwater); and
(4)
All material and data necessary to conduct review under SEQR and the LWRP consistency review as provided in Article XV of this code.
H.
Development Board action.
(1)
After the application is determined by the Director to be complete for purposes of review, the Development Board may request from the applicant such additional information and/or recommend such modifications to the application as it deems necessary to determine whether the proposed PUDD will comply with the standards for approval of a PUDD set forth in § 106-51. The Development Board may also seek public comment on the PUDD application.
(2)
Within 60 days of the date that of receipt of an application determined by the Director to be complete for purposes of review, the Development Board shall submit written findings to the Board of Trustees regarding whether the application complies with the standards for approval of a PUDD set forth in § 106-51, and shall recommend approval, approval with modifications and/or conditions, or disapproval of such PUDD application to the Board of Trustees. The findings from the Development Board shall also include specific recommendations as to the elements of the proposed PUDD site plan, if any, that require detailed review and consideration. This time frame may be extended upon mutual written agreement between the Development Board and the applicant.
(3)
A recommendation by the Development Board of approval of the proposed PUDD application shall not constitute nor imply approval of a building project for the area included in the application, nor shall it constitute or imply a permit for said project.
I.
Village Board action.
(1)
Upon receipt of the Development Board's written findings and recommendation pursuant to Subsection H(2) of this section, or upon failure of the Development Board to act within the prescribed time period, the Village Board shall conduct a public hearing on the proposed PUDD application.
(2)
The findings and recommendation from the Development Board as required by Subsection H(2) of this section shall be entered into the official record of the public hearing and considered by the Board of Trustees prior to the closing of the hearing.
(3)
After considering the Development Board's findings and recommendations and comments received during the public hearing, the Board of Trustees may approve, approve with modifications and/or conditions, or disapprove a PUDD application.
(4)
Any decision by the Board of Trustees to approve or approve with modifications and/or conditions a PUDD application shall be supported by a written summary of findings that demonstrate that the proposed PUDD meets the standards for approval of a PUDD set forth in § 106-51.
(5)
A decision by the Board of Trustees to disapprove a PUDD application shall be supported by a written summary of findings that the proposed PUDD fails to meet the standards for approval of a PUDD set forth in § 106-51.
(6)
Any decision by the Board of Trustees on a PUDD application that is contrary to the recommendation of the Development Board pursuant to Subsection H(2) of this section shall require an affirmative vote of four members of the Board of Trustees. Otherwise, any decision shall require a majority of the Board of Trustees.
J.
SEQR/LWRP. In reviewing the PUDD application, the Board of Trustees shall comply with the requirements of SEQR and the LWRP consistency review as provided for in Article XV of this Part 2.
§ 106-54 Effect on Zoning Map; enforceability; other reviews; modifications.
A.
The Board of Trustee's approval of a PUDD shall constitute an amendment of the Zoning Map and shall be made a part thereof.
B.
Any conditions that may have been specified by the Board of Trustees in a PUDD approval decision pursuant to § 106-53I shall be enforceable pursuant to this code.
C.
After approval of a PUDD pursuant to § 109-53I(3), all development shall be subject to subdivision, site plan or special use permit review under this code, as applicable.
D.
Any proposed modification to an approved PUDD shall be considered as a new application pursuant to § 106-53.
§ 106-55 Expiration of approval; reversion to prior zone designation.
A.
The lands comprising a PUDD shall revert to their prior zoning designation if the PUDD is not substantially commenced within such period and according to such criteria as the Board of Trustees may determine in its PUDD approval decision. The Board of Trustees shall determine whether a PUDD has been substantially commenced upon a request submitted within the applicable time period and may grant an extension of the time period for good cause shown.
B.
The lands comprising a PUDD shall revert to their prior zoning designation if any conditions of the PUDD approval decision are not fulfilled. The Board of Trustees shall determine whether or not such conditions have been fulfilled, on its own initiative or upon a request submitted within any applicable time period, and may grant such relief or extension as it determines appropriate.