Springville City Zoning Code
ARTICLE XV
Planned Development Regulations
§ 200-106 General standards.
A.
Purpose. This section establishes general standards applicable to all planned developments. Planned developments are intended to achieve the following objectives:
(1)
A development pattern in harmony with the objectives of Village and other public land use and development plans.
(2)
A more desirable environment than would be possible through the strict application of other land use and development regulations of the Village.
(3)
A creative use of land and related physical development which allows an orderly transition from one land use to another.
(4)
Diversification in the uses permitted and variation in the relationship of uses, structures, open spaces and height of structures in developments conceived as cohesive unified projects.
(5)
Higher standards of site and building design through the use of trained and experienced land planners, architects, landscape architects and engineers.
(6)
The preservation and enhancement of desirable site characteristics, such as natural topography, vegetation and geologic features, and the prevention of soil erosion.
(7)
Provision for the preservation and functional and beneficial use of open spaces.
B.
Authority to vary regulations. Except as expressly limited by other provisions of this article, the Planning Board may, in approving planned developments, change, alter, vary or modify any provision of this chapter or of Chapter 155, Subdivision of Land. Notwithstanding the foregoing authorization, no such change, alteration, variation or modification shall be approved unless the Planning Board shall find that such change, alteration, variation or modification will not, if permitted, violate the conditions for planned developments established by this article or violate the general purpose, goals and objectives of this chapter and the Master Plan and will, if permitted, result in a development providing compensating amenities to the Village and contribution to the overall advancement of the purposes for which planned developments may be established pursuant to this chapter.
D.
Conditional approval.
(1)
In approving plans for a planned development, the Planning Board shall have authority to impose such restrictions and conditions upon such development as may be necessary to ensure its compatibility with surrounding development and its compliance and consistency with the general purpose, goals and objectives of this chapter, Chapter 155, Subdivision of Land, and the Master Plan. Such conditions and restrictions shall be expressly set forth in the instrument granting final plan approval. A violation of any such restriction or condition shall be a violation of this chapter.
(2)
Whenever any planned development authorized pursuant to this chapter is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Village Clerk so stating. Such affidavit shall be accompanied by a nonrefundable fee, as established from time to time by the Board of Trustees, to help defray the cost of inspections to verify that such conditions have been met.
E.
Minimum area. Tracts of land proposed for planned developments are to be of the minimum area specified in following sections for particular types of planned developments.
F.
Ownership. The entire tract proposed for planned development treatment shall be in single ownership or under such unified control as to ensure that the entire tract will be developed as a unified whole. All owners of the tract shall be included as joint applicants on all applications, and all approvals shall bind all owners. The violation of any owner as to any tract shall be deemed a violation as to all owners and all tracts.
G.
Compatibility with plans and vicinity. Planned developments shall be planned and developed to be in harmony with the general purposes, goals, objectives and standards of the Master Plan, this chapter and Chapter 155, Subdivision of Land; to avoid any substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare; to avoid any domination of the immediate vicinity or interference with the development and use of neighboring property in accordance with the applicable district regulations; and to avoid any destruction, loss or damage of natural, scenic or historic features of significant importance.
H.
Availability of utilities and public services. Planned developments shall be served adequately by and shall not impose an undue burden upon essential public facilities and services, such as highways, streets, traffic control signals and devices, parking spaces, police and fire protection, drainage structure, refuse disposal, public water and sanitary sewer services, electric service and schools, and the Planning Board shall verify the ability of the developer to provide such essential services.
I.
Covenants and restrictions. All private covenants, deed restrictions, easements and similar restrictions must be recorded in connection with a planned development and shall provide that they may not be modified, removed or released without the express consent of the Planning Board and, with respect to those identified in the recorded instrument as having been mandated by the Village, shall provide that they may be enforced by the Village of Springville in addition to the landowners within the planned developments.
[Amended 12-1-1997 by L.L. No. 6-1997]
J.
Landscaping and perimeter treatment. In all planned developments, landscaping and screening shall be provided according to § 200-14 of this chapter and a landscaping plan approved as part of the final plan. Any area of the planned development not used for structures or circulation of elements shall be landscaped or otherwise improved. The perimeter of the planned development shall be treated so as to ensure compatibility with surrounding uses by means such as provision of compatible uses and structures, setbacks, screening or natural or man-made buffers. In assessing the landscaping plan, the Planning Board shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the final plan.
K.
Open space. A minimum of 30% of the planned development site area shall be used as open space, including walkways, plazas, landscaped areas and water bodies and courses. Parking areas and vehicle access facilities shall not be considered in calculating open space.
L.
Residential density. Planned developments shall have overall residential densities no greater than those permitted in the RM Residence District. The clustering technique as described in § 7-738 of the New York State Village Law may be applied in planned developments.
§ 200-107 Design standards.
A.
Buildings.
(1)
All buildings shall be an integral part of the development and have convenient access to and from adjacent uses.
(2)
Individual buildings shall be related to each other in design, masses, materials, placement and connections to provide a visually and physically integrated development.
(3)
Treatment of the sides and rears of all buildings within the planned development shall be comparable in amenity and appearance to the treatment given to street frontages of these same buildings.
(4)
All building walls shall be so oriented as to ensure adequate light and air exposures to the rooms within.
(5)
All buildings shall be arranged 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.
(6)
All buildings shall be arranged so as to be accessible to emergency vehicles.
(7)
Rooftop units (water and cooling tanks, processing equipment, fans, vents and other roof area structures) shall be architecturally compatible with the entire structure.
B.
Landscaping.
(1)
Landscape treatment for plazas, roads, paths and service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire site.
(2)
Primary landscape treatment shall consist of shrubs, ground cover and street trees and shall combine with appropriate walk and street surfaces to provide an attractive development pattern. Landscape materials selected shall be suitable to local growing conditions and soil characteristics.
(3)
Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.
(4)
All streets bordering or within the project area shall be planned at appropriate intervals with street trees.
C.
Circulation.
(1)
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.
(2)
Roads, pedestrian walks and parking shall be designed as integral parts of an overall site design. They shall be properly related to existing and proposed buildings and appropriately landscaped.
(3)
There shall be an adequate amount, in a suitable location, of pedestrian walks, malls and landscaped spaces to limit pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls and public transportation loading places from general vehicular circulation.
(4)
Buildings and vehicular circulation shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
(5)
Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.
(6)
Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance, easily maintained and indicative of their function.
D.
Parking and loading.
(1)
Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate the unsightliness and monotony of parked cars.
(2)
Pedestrian connections between parking areas and buildings shall be via special pedestrian walkways.
(3)
Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design.
F.
Utilities and power lines. The location and utilization of all utilities and power lines shall be reflected in the site plan and subject to approval by the Planning Board. Any subsequent modifications or expansions shall be similarly reviewed and approved.
§ 200-108 Procedures for planned developments.
B.
Preapplication conference.
(1)
Prior to filing an application for a planned development, an applicant, at the request of the Planning Board or at his option, may confer with the Planning Board to obtain information and guidance before incurring substantial expense in the preparation of plans, surveys and other data.
(2)
Upon notice of a preapplication conference, the applicant shall provide certain information to the Chairman of the Planning Board. Such information shall include a brief and general description of the nature, location and extent of the proposed planned development; a list of any professional consultants advising the prospective applicant with respect to the proposed planned development; and a list of federal, state, county and local officials and individuals who might have a particular interest in attending such a conference.
(3)
The purpose of such a conference shall be to broadly acquaint all parties with the proposal, along with views and concerns of all other parties, at a time when positions are still flexible and adjustment is still possible.
C.
Development concept plan.
(1)
The purpose of the development concept plan is to provide the applicant an opportunity to submit a plan showing the basic scope, character and nature of the entire proposed planned development without incurring substantial cost. The development concept plan is the basis on which the required public hearing shall be held, thus permitting public consideration of the proposal at the earliest possible stage. Factors to be considered in the development concept plan shall include:
(a)
The categories of use to be permitted.
(b)
The overall maximum density of residential uses and intensity of nonresidential uses.
(c)
The general location of vehicular and pedestrian circulation systems.
(d)
The general location and extent of open space.
(e)
The general location and extent of utility systems.
(f)
The general location of residential and nonresidential structures.
(2)
The development concept plan shall be submitted in 10 duplicate copies at the time the application is filed.
(3)
The development concept plan shall contain at least the following information and documentation:
(a)
The applicant's name and address and his interest in the subject property.
(b)
The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application.
(c)
The names and addresses of all professional consultants advising the applicant with respect to the proposed planned development.
(d)
The legal description of the subject property.
(e)
The names and addresses of all owners of property located on the same frontage or frontages as the front or side lot line of the subject property or on a frontage immediately across from any such frontages or on a corner diagonally across from a corner on which the subject property is located or within 50 feet of the rear lot line of the subject property line, as shown on the Village's current property assessment records.
(f)
The existing zoning classification and present use of the subject property.
(g)
A map certified by a licensed land surveyor showing property boundary lines and dimensions; existing subdivision lots; available utilities; and easements, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property.
(h)
A map of the existing site conditions, at a scale of not less than 100 feet to the inch, which depicts all significant natural, topographical and physical features of the subject property, including contours of no greater interval than five feet; the location and extent of tree cover, including single trees in excess of four inches in diameter; the location and extent of watercourses, wetlands and floodplains on or within 100 feet of the subject property; significant rock outcroppings; existing drainage patterns; vistas; and soil conditions as they affect the development.
(i)
A map depicting the existing development of the subject property and all land within 200 feet thereof and showing the dimensions and approximate locations of existing streets, property lines, easements, water mains and storm and sanitary sewers.
(j)
A written statement generally describing the proposed planned development, the categories of uses to be permitted and the market which it is intended to serve, its relationship to the Master Plan and how the proposed planned development is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of this chapter. The statement shall include a description of the applicant's planning objectives and the rationale governing the applicant's choices of objectives and approaches.
(k)
Schematic drawings, at a scale of not less than 100 feet to the inch, of the proposed planned development concept, including the general location of vehicular and pedestrian circulation and parking elements; open space areas; sewer and water systems; and residential, commercial, industrial and other land uses.
(l)
A tabulation of the following information:
[1]
The total number of dwelling units proposed, by type of structure and number of bedrooms.
[2]
The total square feet of building floor area proposed for commercial uses and industrial uses, by general type of use.
[3]
The total land area, expressed in acres and as a percentage of the total development area, proposed to be devoted to residential uses, by type of structure; commercial uses; industrial uses; open space; streets; and off-street parking and loading areas.
[4]
The proposed number of off-street parking and loading spaces for each proposed type of land use.
(m)
A statement of the applicant's intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed development.
(n)
If the planned development is proposed for construction in stages during a period extending beyond a single construction season, a schedule for the development of such stages shall be submitted, stating the approximate beginning and completion for each stage, the proportion of total open space and the proportion of each type of land use to be provided or constructed during each such stage and the overall chronology of development to be followed from stage to stage.
(o)
Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned development, including a statement of all legal, beneficial tenancy and contractual interests held in or affecting the subject property.
(p)
Evidence of the financing plan the applicant proposes to use to complete the proposed planned development. Evidence of the applicant's prior successful completion of projects of a similar scope may be offered in satisfaction of this requirement.
(q)
A preliminary subdivision plat map pursuant to Chapter 155, Subdivision of Land, of the Code of the Village of Springville.
(r)
Such other and further information as the Planning Board may deem necessary to do a full and complete review of the proposed planned development.
(4)
Public hearing. A public hearing shall be advertised and conducted by the Planning Board within 45 days of the filing of the development concept plan with the Planning Board.
(5)
Action by Planning Board.
(a)
Within 45 days following the conclusion of the public hearing, the Planning Board shall either approve, approve subject to modifications or disapprove the development concept plan. In making its decision, the Planning Board shall include findings as to:
[1]
The suitability of the tract of land for the planned development proposed and the relation of the proposed development to surrounding areas and existing and probable future development.
[2]
The relationship to major roads, utilities and other facilities and services.
[3]
The adequacy of evidence on unified control and suitability of any proposed agreements, contracts, deed restrictions, dedications, contributions, guaranties or other instruments or the need for such instruments or for amendments in those proposed.
(b)
The failure of the Planning Board to act within 45 days following the conclusion of the public hearing or such longer period as may be agreed to by the applicant shall be deemed an approval of the development plan as submitted.
(c)
At the time of approval, the Planning Board shall pass upon the adequacy in form and substance of any agreements, contracts, deed restrictions or other instruments involved.
(d)
Effect of development concept plan approval. Unless the applicant shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of this chapter or any approval granted pursuant to it, a development concept plan which has been approved or approved with modifications which have been accepted by the applicant shall not be modified, revoked or otherwise impaired by any action of the Village without the consent of the applicant, renewable within 12 months.
[Amended 12-1-1997 by L.L. No. 6-1997]
D.
Final plan.
(1)
The final plan is intended to particularize, refine and implement the development concept plan and to serve as a working document for any development of any portion of the property. The final plan may be submitted for the entire planned development or portions thereof when deemed satisfactory in relation to the total development.
(2)
Subsequent to the approval of the development concept plan, at any time the applicant proposes development and construction of any portion of the property, the applicant shall submit an application for final plan approval in 10 duplicate copies to the Village Clerk for referral to the Planning Board. The application shall contain at least the following information and documentation:
(a)
The applicant's name and address and his interest in the subject property.
(b)
The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.
(c)
A legal description of the property for which final plan approval is sought.
(d)
The date on which development concept plan approval was granted.
(e)
A tabulation of the following information with respect to the area included in the final plan:
[1]
The total number of dwelling units proposed, by type of structure and number of bedrooms.
[2]
The total square feet of building floor area proposed for commercial uses and for industrial uses, by general type of use.
[3]
The total land area, expressed in acres and as a percentage of the total development area, proposed to be devoted to residential uses, by type of structure, commercial uses, industrial uses, open space, streets and off-street parking and loading areas.
[4]
The proposed number of off-street parking and loading spaces for each proposed type of land use.
(f)
When the proposed planned development or stage or portion thereof includes provisions for public or private open space or service facilities, the developer will provide a statement describing the provision that is to be made for the dedication or care and maintenance of such open space or service facilities. If it is proposed that such open space be owned or maintained by an entity other than a governmental authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted.
[Amended 12-1-1997 by L.L. No. 6-1997]
(g)
Utility plans indicating the placement of water mains, sanitary and storm sewerage, gas, electric and telephone lines and related facilities.
(h)
A statement and plan of the proposed treatment of the perimeter of the proposed planned development, including materials and techniques to be used.
(i)
A traffic impact analysis indicating the relationship of the site plan to traffic and road use and plans in the immediate area.
(j)
A soil erosion control plan for the period during which construction will be taking place.
(k)
Proof of recording any easements prior to the sale of any land or structure or portion thereof within the planned development and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or private common open space or service facility.
(l)
Final architectural working drawings of all structures.
(m)
A plan pursuant to § 200-91 of this chapter, excepting those elements which are requested elsewhere in this subsection.
(n)
A final subdivision plan map pursuant to Chapter 155, Subdivision of Land, of the Code of the Village of Springville.
(o)
All certificates, seals and signatures required for the dedication of land and recordation of the document.
(p)
A statement summarizing all changes which have been made in any document, plan, data or information previously submitted, together with revised copies of any such document, plan or data.
E.
Review of final plan.
F.
Limitation on final plan approval. Within one year after the approval of a final plan or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension is granted by the Planning Board, automatically render void the final plan approval and all permits based upon such approval.
G.
Building and other permits. Upon but not before receiving notice from the Planning Board that the approved final plan has been filed and upon application by the applicant, all appropriate officials of the Village may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved final plan.
§ 200-109 Mixed planned developments.
A.
Purpose. Mixed planned developments are intended to permit the creation of defined areas for the unified and orderly development of compatible commercial and residential uses. It allows flexibility in planning and development and provides a process for evaluating plans to assure compatibility with adjacent residential and nonresidential uses.
B.
Location and minimum district size. A mixed planned development may only be established on a tract zoned as CIP Commercial-Industrial Park having a minimum of 15 contiguous acres.
D.
Prohibited uses. The following uses permitted by right or special exception in the B-1 District shall be specifically prohibited from a mixed planned development:
E.
Accessory uses and structures. Accessory uses and structures are permitted in a mixed planned development subject to the provisions of § 200-10.
F.
Bulk, space and yard requirements.
(1)
Maximum height. Unless otherwise provided in the establishment of a mixed planned development, no portion of a building or structure located in a mixed planned development and separated from the district boundary line by only a required yard or a right-of-way, or both, shall exceed the maximum height permitted in the adjacent district nearest to the building or structure. Any portion of a building or structure separated from all mixed planned development boundary lines by a distance greater than the aforesaid yard and right-of-way may exceed the maximum height permitted in the nearest distance by adding one foot for each foot in excess of said distance, but in no case shall the height of any structure exceed 50 feet.
(3)
Other requirements. All other bulk, space and yard requirements shall be provided in the action establishing the particular mixed planned development.
G.
Parking and loading requirements. Parking and loading requirements applicable in a mixed planned development are set forth in Article VII of this chapter.