Stillwater Town City Zoning Code
ARTICLE VII
Planned Development Districts
§ 210-48 Purpose and intent.
A.
The purpose of planned development districting is to permit areas in which diverse uses may be brought together in a compatible and unified plan of development which shall be in the interest of the general public. This article specifically encourages innovation in site design and land use to provide for growing demand for housing and complementary uses at all economic levels. This may be met by allowing greater variety in type, design and siting of dwellings and structures, mixing of land uses and by the conservation and more efficient use of land in such developments.
B.
The requirements of the article shall apply to newly proposed PDDs as well as to all amendments to a previously approved PDD. 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 adjoining properties.
§ 210-49 Objectives.
In order to carry out the intent of this article, the Town Board shall consider the following objectives, where applicable:
A.
Whether the planned development district provides for a designed grouping of varied and compatible land uses, which may include housing, commercial, or recreational uses or any mix thereof, within a development.
B.
Whether the project provides for the protection of more usable open space for conserving natural resources and active and/or passive recreation areas.
C.
Whether the project provides greater opportunity for recreation and the enjoyment of the natural resources including the provision of neighborhood parks, trails, active and passive recreation and the expansion and connectivity of the Town's trail system or open space areas.
D.
Whether the project provides for the preservation and enhancement of the area while limiting the unnecessary fragmentation of local natural resources such as water bodies, wetlands, forests, significant topographic and geologic features, and other areas of scenic and ecological value.
E.
Whether the project proposes a development pattern in harmony with adjacent lands use, including but not limited to adjacent or nearby agricultural operations.
F.
Whether the project provides greater convenience in location of commercial and service uses, while balancing any negative impacts on community character, than would otherwise be available with the existing zoning classifications applicable to the property.
G.
Whether the project provides for a more efficient use of land resulting in smaller networks of utilities and services, thereby lowering housing costs, than would otherwise be available with the existing zoning classifications and subdivision regulations applicable to the property.
H.
Whether the project advances the Town's goals as identified in the Comprehensive Plan, Open Space Plan, Recreation Plan of similar document adopted by the Town.
I.
Whether the proposed project advances the Town's goals as they may relate to expanding housing choice and affordability, natural resource protection, historic preservation, economic development, energy conservation, and/or smart growth principles.
§ 210-50 General requirements.
A.
Ownership. The tract of land for a project must be owned either by a single person or ownership entity organized to conduct the business before the Town. An application must be filed by the owner(s) of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners and in all cases shall be binding on all subsequent owners, heirs, assignees and transferees of the property.
B.
Minimum area. The minimum contiguous acreage for which a PDD may be considered for a parcel or parcels of land shall be 20 acres of unconstrained lands.
C.
Applicable zoning districts. A PDD may be proposed in all zoning districts, except:
(1)
Saratoga Lake Zone 1.
(2)
T2 Rural Conservation Transect Zone.
D.
Residential density.
(1)
Residential density shall be consistent with the underlaying/existing zoning. The Town Board may entertain granting a density bonus when it finds grant of said bonus furthers the objectives as outlined in § 210-49; specifically, the Town's objectives to expanding housing choice and affordability.
(2)
Residential density in a PDD shall not exceed 120% of the base residential density in the district or districts in which the PDD is located. Such calculations shall be based on § 210-36, Developable lands/lot yield analysis.
(3)
Residential PDDs shall only be permitted in underlying zones that allow residential uses.
E.
Non-residential density. Nonresidential densities may not exceed 20% of the total residential square footage in a PDD. For the purpose of calculating allowable residential square footage, the allowed base residential density shall be multiplied by a value of 2,000 square feet per allowable dwelling unit. The nonresidential density is not to be counted toward the overall PUD density. For example: 40 acres of developable area in a one-acre zone would net 40 dwelling units (base residential density). Multiply 40 dwelling units by 2,000 square feet/dwelling unit to yield 80,000 square feet of total residential square footage. Multiply the 80,000 square feet by 20% to yield 16,000 square feet of allowable nonresidential square footage.
F.
Drainage districts. When dedication of stormwater facilities and infrastructure to the Town is proposed, the Town shall require the formation of a drainage district in connection with a PDD. See Chapter 89, Drainage Districts.
G.
Open space. For requested increases in the base residential density, a proportional amount of the PDD area shall be permanently dedicated for public benefit or for a common recreation area to be owned by a private homeowners' association (HOA).
H.
Prohibited uses.
(1)
Utility solar collection systems (Chapter 170).
(2)
Utility wind energy conversions system.
§ 210-51 Considerations.
In determining whether a planned development district should be allowed, particularly at the intensity of land use proposed, the Planning Board (if referred for PDD review) and the Town Board shall consider the following factors:
A.
The need for the proposed land use in the proposed location.
B.
The availability of public water and sewer service.
C.
The availability and adequacy of transportation systems, including the impact on the road network and traffic volume.
D.
The pedestrian connectivity, circulation and open space in relation to structures.
E.
The character of the neighborhood in which the PDD is being proposed, including the safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.
F.
The height and mass of buildings and their relation to other structures in the vicinity.
G.
Potential impacts on any and all local government services, EMS, fire, police.
H.
Potential impacts on environmental resources, including but not limited to air, wetlands, surface water, floodplains, active and passive recreation areas, and plant and wildlife communities.
I.
The general ability of the land to support the development, including but not limited to such factors as slope, depth to bedrock, depth to water table, and soil type.
J.
Whether the PDD furthers the vision, goals and recommendations contained in the Town's Comprehensive Plan. Whether the project provides a community benefit and address a community need not otherwise achieveable under the application of conventional zoning techniques.
§ 210-52 Common property.
A.
Common property in a planned development district is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the PDD and may be designated for use by the public. The ownership of such common property may be public or private. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including but not limited to private streets, drives, services, parking areas, recreational and open space areas as well as drainage and stormwater infrastructure.
B.
When common property is publicly owned, it shall be available for appropriate use by members of the general, public subject to reasonable time, place and manner restrictions. This would require easements and/or dedication to the Town.
§ 210-53 Procedures.
When any planned development district is proposed or amended, and before any permit for the erection of a permanent building in such planned development district shall be granted, and before any subdivision plat or any part thereof may be filed in the office of the Saratoga County Clerk, the developer or his authorized agent shall apply for and secure approval of such planned development district in accordance with the following procedures:
A.
Pre-application meeting. The owner of the land (or agent thereof, hereafter referred to as the "owner" or "applicant") shall prepare a concept plan, a description of the purpose and intent, and schedule a meeting with the Building, Planning, and Development Department for initial discussion of the proposed PDD concept. If deemed by the Department to be acceptable for further review, the owner or authorized agent may make application to the Town Board for a change in district to a PDD.
B.
Initial Town Board review.
(1)
The owner applicant shall prepare and submit application materials, including PDD application, the concept plan, Long Form Environmental Assessment Form (EAF), complete and comprehensive responses to how the proposed project satisfies the considerations (§ 210-51 of this article), the proposed PDD local law language, and a narrative. The Department may require additional materials at their discretion. The appropriate number of printed materials shall be determined by the Department. Digital copies of all materials submitted shall be required. Once the application has been deemed complete by the Department, the application may be placed on a subsequent Town Board agenda for consideration.
(2)
The Town Board shall determine whether the proposed project merits further review. Because the application is a request for rezoning, or legislative action, the Town Board may determine that the application does not merit further review. The Town Board shall notify the applicant no further action on the application shall be taken.
(3)
If the Town Board determines that the application does merit further review, the Town Board may refer the application to the Planning Board for recommendation. The department shall determine the additional copies of materials needed.
C.
Planning Board review and recommendation. If the Town Board refers the application to the Planning Board, the Planning Board shall review the concept plan and its related documents and shall render either a favorable or unfavorable report to the Town Board. The Planning Board report should articulate how the project meets the objectives and considerations of this chapter and may require changes to the concept plan and PDD language as are deemed reasonably necessary to preserve and promote land use in harmony with adjacent land use, achieve the objectives and considerations of this chapter and to promote the orderly growth and the sound development of the Town pursuant to this article.
(1)
When reviewing the proposed PDD, the Planning Board may consider the following elements in preparing findings whether favorable or unfavorable as part of their review:
(a)
The proposal is consistent with the goals and policies contained in the Town's Comprehensive Plan and, if applicable, related Town and regional planning documents.
(b)
The proposal meets the intent and objectives of this article.
(c)
The proposal satisfies the general requirements of this article.
(d)
The proposal is conceptually sound in that it meets local and area-wide needs, and it conforms to accepted design principles in the proposed roadway and pedestrian 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.
(f)
Provides benefits to the public such as:
[1]
Permanently protected open space/recreational resources.
[2]
New trail connections/extensions.
[3]
Community or neighborhood park.
[4]
Waterfront access.
[5]
Sustainable building design and construction (e.g., efficient heating and cooling systems, alternative energy sources, reused or recycled building materials, including of publicly available vehicle charging stations, etc.).
[6]
Historic preservation of private or public structures/locations.
[7]
Other public benefits and project amenities and other ways in which the proposed PDD substantially advances the major themes and other policies and objectives of any of the elements of the Comprehensive Plan.
(2)
Unfavorable report.
(a)
If the Planning Board issues an unfavorable report, the applicant may appeal said unfavorable report to the Town Board. The Town Board may, upon a vote of not less than 4/5 of all Town Board members and after adoption of a resolution fully setting forth the reasons for such contrary action, allow the proposal to proceed to the formal Town Board PDD application review process.
D.
Formal Town Board PDD application review.
(1)
Upon receipt of a favorable report from the Planning Board, or after a successful appeal by the applicant, the Town Board shall initiate the review procedures for the purpose of considering designation of a PDD for the applicant's plan in accordance with the procedures established Article XIX, Amendments, of this Zoning Law.
(2)
Any application for creation of a PDD shall be considered a Type 1 action under State Environmental Quality Review Act (SEQRA) and the Town Board shall render a determination of environmental significance in accord with the procedures of the SEQR.
(3)
The Town Board shall refer the application to the County Planning Board for its analysis and recommendations, pursuant to the provisions of § 239-m of the General Municipal Law and § 210-51 hereof.
(4)
The Town Board shall hold a public hearing on a the proposed PDD/rezoning consistent with Town procedures on zoning amendments.
E.
Action by the Town Board.
(1)
The Town Board may grant approval of the application and designate the PDD, as requested, upon a finding that the objectives set forth in § 210-49 will be achieved and that, based on review of potential environmental effects, the proposal minimizes or avoids adverse environmental impacts to the maximum extent practicable.
(2)
The Town Board shall disapprove the application if it finds that, in its opinion, the objectives of § 210-49 will not be achieved or that adverse environmental impacts are not minimized or avoided to the maximum extent practicable.
(3)
If the Town Board grants the application for a PDD, the Zoning Map shall be so notated. The Town Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements upon which the approval shall be contingent. Such requirements may include, but are not confined to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, circulation systems, both vehicular and pedestrian, availability of sites within the area for necessary public services, protection of natural and/or historic sites, other such physical or social demands, provision of satisfactory surety to guarantee that essential public and private utilities and facilities are completed in accord with the approved plan and time limits for various phases of development. The Town Board shall state at this time its findings with respect to the land use intensity or dwelling unit density as called for in § 210-50.
F.
PDD site plan review process. Following the designation of a PDD by the Town Board, the project may proceed through the appropriate site plan (Article IV) and/or subdivision (Chapter 176) process with the Planning Board.
G.
Request for changes in concept plan. If, during site plan/subdivision approval process, it becomes apparent that certain elements of the concept plan, as it has been approved by the Town Board, are unfeasible and in need of significant modification, the applicant shall then present his solution to the Planning Board. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the site plan shall be considered as disapproved. The developer may then, if they wish, produce another site plan in conformance with the approved concept plan. If an affirmative decision is reached, the Planning Board shall so notify the Town Board, stating all of the particulars of the matter and its reasons for finding that the project should be continued as modified. Site plan approval may then be given only with the consent of the Town Board.
H.
Phasing. If an applicant wishes to phase their development then they may submit only those phases they wish to develop for site plan approval in accordance with their phasing plan. Any plan which requires more than 24 months to be completed shall be required to be phased and a phasing plan must be developed. It is the intent of this regulation that individual phases of the PDD will have an integrity of uses in their own right so that, if for any reason, the entire PDD would not be completed, those portions of the PDD already constructed will be an asset to the community by themselves. Phasing plans must take account of this objective, and developers proposing individual phases that deviate significantly from the overall character of the PDD should present convincing evidence that such a phase is indeed in keeping with this section.
I.
Additional regulations.
(1)
Regulation after initial construction and occupancy. For the purpose of regulating development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as a special permit request to the Planning Board. Use changes shall also be in the form of a request for special permit, except that Town Board approval shall be required. It shall be noted, however, that properties lying in planned unit development districts are unique and shall be so considered by the Planning Board or Town Board when evaluating these requests; and maintenance of the intent and function of the planned unit shall be of primary importance.
(2)
Site plan review and subdivision approval. Site plan review and subdivision review may run concurrently and in general conformance with Article IV, Site Plan Review, and Chapter 176, Subdivision of Land, subject to the following conditions:
(a)
The developer shall prepare sets of subdivision plans suitable for filing with the Office of the Saratoga County Clerk in addition to those drawings required above.
(b)
The developer shall plat the entire development as a subdivision; however, PDDs being developed in stages may be platted and filed in the same stages.
(c)
Final subdivision approval shall constitute final plat approval under Chapter 176, Subdivision of Land; and provisions of § 276 of the Town Law, requiring that the plat be filed with the Saratoga County Clerk within 60 days of approval, shall apply.
J.
Performance guaranties. As a condition of final approval of a request for PDD zoning, the Town Board may require the posting of such performance guaranties as it deems necessary to insure the installation of necessary improvements. Said performance guaranty shall be for a period to be determined by the Town Board. The amount of the performance guaranty may be reduced by the Town as portions of the required improvements have been completed.
K.
Fees. Fees for applications for planned development districting shall be in accord with a schedule for fees adopted by the Town Board. Such fees shall be based on the size and complexity of the proposed development and shall be sufficient to cover costs of all required reviews, and including those related to the review of environmental impacts. When the retention of professional assistance is necessary, an escrow shall be established.
L.
Reversion. In the event that a building permit has not been issued for any building construction within a designated PDD within a period of three years and a day following the approval of the PDD or two years within issuance of final site plan approval, as set forth in Article IV, or any extension of site plan approval, the PDD zoning designation shall be rendered null and void. In such event, the lands within the PDD shall revert to the original zoning districts that existed prior to the PDD designation, and this reversion shall be noted on the Official Zoning Map of the Town.