Saratoga City Zoning Code
ARTICLE X
Planned Unit Developments
§ 400-43 Purpose.
A.
The regulations for planned unit developments, hereinafter referred to as PUDs, are intended to provide a means for the development of entirely new residential, commercial or industrial subdivisions, parks or estates in which certain economies of scale or creative architectural or planning concepts may be utilized by a developer without departing from the spirit and intent of this chapter. In no case shall the regulations of this article be so interpreted as to circumvent the benefits of this chapter to the residents or occupants of such development or the residents or occupants of adjoining properties. PUDs, as defined herein, may be established only in accordance with the procedure specified in this article.
B.
The establishment of a PUD should reflect and encourage developments that promote the goals and objectives of the Town of Saratoga Comprehensive Land Use Plan adopted March 11, 2002, and any amendments or updates adopted thereafter.
C.
The purpose of the planned unit development regulations is to encourage flexibility in the design and development of land in order to promote its most appropriate use; to preserve the natural and scenic qualities of open space; and to encourage the goals and objectives of the Town of Saratoga Comprehensive Land Use Plan.
§ 400-44 General requirements.
The site plan for a PUD shall not be less than 15 acres for a residential development, three acres for a commercial development or five acres for an industrial development; provided, however, that where an applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article, projects with less acreage will be considered; and further provided that in the event that the Town Board is considering a project with less acreage, the affirmative vote of not less than 4/5 of the members of the Town Board shall be required to establish such a PUD. The calculation of such land area shall not include existing streets, easements, parks or otherwise dedicated land or water areas in excess of 5% of the minimum gross acreage, lands officially designated on the official map of the Town or county as they may be prepared for public purposes or lands undevelopable by reason of topography, drainage or adverse subsoil conditions. Sites proposed for development for two or more classifications shall consist of the aggregate gross land area required for each use. The proposed development shall conform to the Town of Saratoga Comprehensive Land Use Plan.
§ 400-45 Procedures.
A.
The owner of the land or agent thereof shall submit an application for a PUD rezoning (or any amendment to an existing PUD) to the Town Board. An application fee of $3,000 shall accompany the application. A sketch plan, drawn to scale, together with a narrative description, shall also accompany the application. The Town Board at its next regularly scheduled meeting may, if it determines the proposal merits review, refer the application with a copy of the sketch/plan to the Planning Board for its review and recommendation within 40 days of the date of the application. Any such referral to the Planning Board should not be construed as an approval of the application. If the Town Board determines that the proposal does not merit review because it does not meet the purposes of this article, it shall not refer the application to the Planning Board, and no further action on the application shall be taken. The application fee will be refunded to the applicant.
[Amended 5-14-2007 by L.L. No. 1-2007; 8-8-2011 by L.L. No. 2-2011]
B.
The Planning Board shall require the applicant to furnish basic site data pertaining to the boundaries of the proposed PUD or of an amendment to a PUD, existing zoning, topography, subsoil conditions and such other data as the Planning Board may deem appropriate, and such preliminary plans as may be required for an understanding of the proposed development, with the petition for the desired PUD. All applications for PUDs or for amendments to PUDs shall be accompanied by a long-form environmental assessment form as set forth in the New York State Environmental Quality Review Act. The Town Board will be the lead agency for each PUD application.
C.
PUDs shall be considered as a single parcel for the purpose of applying the regulations. The Planning Board will consider all zoning parameters for the district in which the PUD is located.
D.
PUDs may be created in any area of the Town of Saratoga. Individual buildings and structures within such district need not conform to the regulations of area, frontage, bulk, height and setback requirements for zoning districts. Any variation from such regulations shall not be contrary to the intent of the Town Zoning Local Law and shall adhere as closely as possible to current regulations.
E.
The Planning Board may require such changes in said preliminary plans as are found to be necessary. The Planning Board may take such additional requirements as are deemed reasonably necessary to protect the established or permitted uses in the district(s) and to promote and protect the orderly growth and sound development of the Town. In reaching its decision on the proposed development and changes, if any, in the preliminary plans, the Planning Board shall consider, among other things, the following:
(1)
The need for the proposed land use in the proposed location.
(2)
The existing character of the neighborhood in which the use would be located.
(3)
The location of principal and accessory buildings on the site in relation to one another.
(4)
The pedestrian circulation and open space in relation to structure.
(5)
The traffic circulation features within the site and the amount, location and access to automobile parking areas.
(6)
The height and density of buildings and their relation to other structures in the vicinity.
(7)
The proposed location, type and size of display signs, driveways, loading zones and landscaping. In addition, an applicant for a PUD shall, in order to ensure uniform sign design throughout such district, submit his plans pertaining to signs in the district to include the location, type and size of all proposed signs.
(8)
The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.
(9)
Adequacy of drainage, stormwater management, water supply and sewerage disposal facilities.
(10)
Such other matters as the Planning Board may consider pertinent.
F.
The Planning Board shall approve, approve with modifications, or disapprove such application and shall report its findings to the Town Board within 62 days following the date of referral to the Planning Board. This period may be extended with the consent of the applicant.
G.
The Town Board shall, within 45 days following receipt of the report from the Planning Board, hold a public hearing on the proposal, with public notice as provided by law, as in the case of an amendment to this article.
H.
The Town Board may then amend this article so as to define the boundaries of the PUD. Such action shall have the effect only of granting permission for development of the specific proposed uses in accordance with the preliminary plans filed with the Town Board. Such amendment of this article shall not constitute or imply a permit for construction or approval of construction plans.
I.
In the event that the Planning Board has disapproved such proposal, or approved with modifications which the applicant is unwilling to make, an affirmative vote of not less than 4/5 of the members of the Town Board shall be required to establish such PUD.
J.
If construction work on the proposed development has not begun within two years of the Town Board approval and such work is not completed within the period of time specified by the Town Board, approval of the application shall become null and void. All rights granted under the PUD shall revert to the same regulations and restrictions as were effective before such approval, unless the Town Board for good cause authorizes an extension, which may be authorized without a public hearing.
K.
Where any proposed PUD contains residential development, if the Town Board makes a finding that there is a present and anticipated future need for park and recreational facilities for the Town, and further that a suitable park or parks of adequate size cannot be located on such PUD, the Town Board may require a payment in lieu of park land fee in the amount of $500 per residential dwelling unit. Such fees so collected shall be placed by the Town into a trust fund to be used exclusively for park, playground or other recreational purposes, including the acquisition of property.
[Amended 5-14-2007 by L.L. No. 1-2007]
L.
The tract or tracts of land under application for consideration for a PUD 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 deeded owners or their agent of all parcels included in the project. In the case of multiple ownership, the approved plan shall be binding upon all the owners, and such owners shall provide written certification of such binding agreements.
§ 400-46 Engineering and legal fees.
[Amended 5-14-2007 by L.L. No. 1-2007]
The applicant will be responsible to reimburse the Town for any engineering or legal expenses that are incurred to evaluate the plans and documentation for the PUD. At the time that the preliminary plat is submitted to the Board secretary, the applicant shall establish an escrow in the amount of $3,000 to cover these costs. All costs of reviewing the application by the Town Counsel, the Town Engineer, and/or an engineering consultant retained by the Planning Board will be charged against this account. The account shall be administered through the Supervisor's office. A positive balance must be maintained in the account until the project receives final approval and is filed with the County Clerk's office. If at any time the cost of the review exceeds the funds available, the applicant will be advised and the review stopped until the escrow is renewed. All funds remaining in the account at the time that the subdivision is filed at the county will be returned to the applicant.
§ 400-47 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Includes uses involving, the sale or rental or distribution of goods, services, or commodities, either retail or wholesale, or provision of recreation facilities or activities for a fee.
Includes uses engaged in production from previously prepared materials, finished products or parts, including the processing, fabrication, assembly, packaging, incidental storage, sale, and distribution of such products. In no case would such uses emit objectionable levels of smoke, noise, dust, odor, glare, or vibration beyond their property boundaries.
A rezoning of a single parcel or multiple contiguous parcels of land to allow for the development of residential, commercial, and/or industrial uses either single or jointly in accordance with a comprehensive development plan submitted by a petitioner.
The construction of facilities for human habitation in accordance with all applicable state and local building and sanitary codes. It may include but is not limited to one-family detached or attached structures and multiple units within a single structure offered for sale or rent.