[Added 3-10-1993 by L.L. No. 3-1993; amended 8-27-2003 by L.L. No. 3-2003]
A. 
Legislative intent. The Town Board of the Town of Perinton, consistent with Town Law § 261-b, hereby determines that it is appropriate to make adjustments to permissible density and area requirements for the specific purpose of preserving open space at the minimum cost to the citizens of the Town of Perinton.
B. 
In order to carry out this intent, an application for an open space preservation project shall address the following objectives:
(1) 
The preservation and enhancement of the natural features of the site.
(2) 
The accommodation of land uses and physical site arrangements which are not contemplated under conventional zoning but which would further the development goals of the Town.
(3) 
The creation of more usable open space and/or recreation area.
(4) 
The preservation of trees, scenic vistas, outstanding natural topography and geologic features, the retention of productive agricultural land and/or the prevention of soil erosion.
[Amended 2-13-2013 by L.L. No. 1-2013]
(5) 
The provision of a more desirable environment than what would be possible through the strict application of existing zoning.
(6) 
The promotion of the general health, safety and welfare of the Town.
C. 
Where open space preservation is deemed appropriate through the rezoning of land to an open space preservation district by the Town Board, the use and dimensional specifications elsewhere in the zoning regulations are herein replaced by an approval process in which an approved open space preservation plan becomes the basis for continuing land use controls.
D. 
Application procedure. An application in the form of a letter of intent and two concept plans, one showing conventional development of the tract(s) and one showing the proposed open space preservation development, should be submitted to the Town Board. Not fewer than 15 copies shall be provided for distribution and review. The Town Board, upon receipt of an application, and as part of its review, shall refer the application to the Planning Board and to the Conservation Board for their review and recommendation.
E. 
The Planning Board's report and recommendations to the Town Board should consider the following:
(1) 
The suitability of the tract(s) for the general type of open space or farmland preservation proposed, the physical characteristics of the land and the relation of the proposed development to surrounding existing and probable future development.
[Amended 2-13-2013 by L.L. No. 1-2013]
(2) 
The adequacy of major roads, utilities and other facilities and services to serve the development.
(3) 
That the proposal is conceptually sound and that it meets local and area-wide needs and it conforms to accepted design principles in the proposed functional roadway and pedestrian system, land use configuration, open space system, hiking trail system and drainage system.
(4) 
The Town's Comprehensive Plan and!or other plans or policies used to guide development in the Town.
F. 
The Conservation Board's report and recommendations should consider all pertinent environmental issues.
G. 
When required by § 239 of the General Municipal Law, the application shall be copied to the Monroe County Planning Department for its review. The Town Board and/or Planning Board may also refer the application to the Town Engineer as well as other local and county officials, representatives of federal and state agencies and consultants as deemed appropriate.
H. 
The application shall explain and show the following information:
(1) 
The location and extent of all proposed land uses, including development areas and open spaces, with areas shown in acres.
(2) 
All interior streets, roads, access easements and their planned private or public ownership, as well as all points of access and egress from existing public rights-of-way.
(3) 
An area map showing adjacent parcels; that portion of the applicant's property under consideration; all properties, zoning districts, subdivisions, streets, access easements, watercourses and other significant natural and built features within 500 feet of the applicant's property; and all uses of abutting lands.
(4) 
The area water, sanitary and storm sewer systems with proposed points of connection and their impact on existing systems.
(5) 
A description of the manner in which any common areas that are not to become publicly owned are to be maintained, including open space, streets, lighting and other considerations relevant to the proposal.
(6) 
A narrative description of any covenants, grants of easement or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.
(7) 
A written statement by the applicant setting forth the reasons why, in his opinion, the proposal would be in the public interest and would be consistent with the Town's goals and objectives.
(8) 
A generic environmental impact statement pursuant to the provisions of 6 NYCRR 617.15 (to be paid for by the applicant) to accompany a long form environmental assessment form (EAF) which addresses at least the following:
(a) 
The impact on community resources, including roads, traffic, sewers, water supply, public utilities, schools, emergency services, waste disposal and fire protection.
(b) 
The impact on the natural environment, stormwater management (including quantity and quality), groundwater, streams, wetlands, significant filling and grading and aesthetics.
I. 
The Town Board shall then hold a hearing to consider the application for open space preservation.
(1) 
The Town Board may grant open space preservation zoning only after finding that the open space has community value and that the development area has adequate resources and public facilities, including transportation, water supply, waste disposal and fire protection, to handle the density being proposed. The Town Board must also determine that there will be no significant environmentally damaging consequences and that the development area incentives or bonuses are compatible.
(2) 
If the Town Board grants open space preservation zoning, the Zoning Map shall be so revised. 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 for the applicant to meet. If the applicant refuses to accept the conditions outlined, the Town Board shall be deemed to have denied approval. The Town Board shall also determine in each case the appropriate density and area requirements for the individual projects and shall consider any recommendation on the same from the Planning Board. In no case shall such density exceed the amount that would have been permitted under conventional zoning for the total amount of land which is being considered. The determination of land use density shall be documented, including all facts, opinions and judgments justifying the proposed project.
(3) 
Public hearings shall be held on any application submitted pursuant to this article, and public notice shall thereby be given thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof
J. 
Once Town Board approval is given for open space preservation zoning, the applicant shall submit his application to the Planning Board for preliminary and final subdivision and/or site plan approval pursuant to this chapter and Chapter 182, Subdivision of Land, of the Perinton Town Code.
K. 
Required modifications during subdivision approval. If in the subdivision or site plan review process it becomes apparent that certain elements of the application, as it has been approved by the Town Board, are unfeasible and in need of modification, the applicant shall present a proposed solution. The Town Board shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution.
[Amended 12-8-2010 by L.L. No. 1-2011; 12-10-2014 by L.L. No. 1-2015]
A. 
Intent.
(1) 
The intent of this district is to permit the development of land for specialized purposes where tracts of land suitable in location, area and character for the uses and structures proposed are to be planned and developed on a unified basis. Suitability of land proposed for such development shall be guided by the Comprehensive Plan, other plans and official policies used to guide development in the Town, and the existing and prospective character of surrounding land uses. The application of a planned development district shall result in development with certain advantages over that which would be obtained under conventional zoning; result in the preservation and enhancement of the natural, cultural or historic features of the site; result in land uses and physical site arrangements which are not contemplated under conventional zoning but which would further the development goals of the Town; reduce improvement costs through more efficient arrangement of varied land uses, buildings, circulation systems and infrastructure; and result in the promotion of the general health, safety and welfare of the Town.
(2) 
Where planned development is deemed appropriate through the rezoning of land to a Planned Development District by the Town Board, the set of use and dimensional specifications elsewhere in the zoning regulations are herein replaced by an approval process in which an approved development plan becomes the basis for continuing land use controls.
B. 
Permitted uses. All uses allowed within an area designated as a PDD are determined by the provisions of this section and the approval of the project.
(1) 
Residential uses. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with this article.
(2) 
Accessory commercial, service and other nonresidential uses. Commercial, service and other nonresidential uses may be permitted in residential zones (or required) where such uses are scaled primarily to serve the residents of the PDD and the immediate surrounding area. In general the uses first identified within the Mixed Use Zoning District are considered appropriate. Consideration shall be given to the project as it exists in its larger setting in determining the appropriateness of such uses. In addition to residential uses, if the proposed project is located in a nonresidential zone, then the uses permitted in those districts are considered appropriate.
(3) 
Public buildings and grounds. Public buildings and grounds, as defined within this Code, shall be deemed to be a permitted use within the PDD.
C. 
Basic requirements.
(1) 
Planned Development Districts may be established by amendment to the Official Zoning Map, and may be approved in any developed or undeveloped areas of the Town where appropriate conditions exist.
(2) 
An application must be filed by the owner or jointly by owners of all properties to be included in the district. All approved plans shall be binding on all successors in interest of the applicants.
(3) 
The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the site, from probability of flooding, erosion, subsidence or slipping of the soil or other dangers, annoyances or inconveniences. Soil conditions, groundwater level, drainage and topography and other factors shall all be appropriate to support both the kind and pattern of the intended use.
(4) 
All uses within an area designated as a Planned Development District are determined by the provisions of this section and the approved site plan of the subject project.
(5) 
The appropriate types of uses within the Planned Development District shall be guided by the Comprehensive Plan goals and objectives.
(6) 
The planned development regulations that follow shall apply generally to the initiation and regulation of all Planned Development Districts. The new regulations shall apply within the Planned Development District, where for a particular application, general zoning, subdivision or other regulations or requirements are waived or altered.
D. 
Design standards.
(1) 
The Town of Perinton Design Criteria and Construction Specifications for land development are adopted herein by reference, and shall establish the standard for project design and construction as appropriate.
(2) 
Tract perimeter standards. All dimensional requirements of conventional zoning districts shall apply to the perimeter of planned development projects on the sides where said planned development project abuts a conventional zoning district; these shall include setbacks and buffering requirements.
(3) 
General site development guidelines. These guidelines provide some direction to the designer to understand the maximum intensity of lot coverage envisioned by this Code; if the designer exceeds these guidelines he must provide a written rationale supported by the Comprehensive Plan's goals and objectives to substantiate the design.
[Amended 2-24-2016 by L.L. No. 7-2016]
(a) 
Maximum building coverage shall not exceed 35% of the total site or parcel area.
(b) 
Maximum coverage by all buildings, structures, parking areas and impervious surfaces shall not exceed 65% of the total site or parcel area.
(c) 
Maximum building height shall be 40 feet, unless the Town Board finds that some greater height is reasonable and appropriate given the location of the development, the terrain involved and the nature of the development.
(d) 
Setbacks from public rights-of-way, private drives, structures and interior lot lines, etc., shall be proposed by the designer. The Town Board shall approve such setbacks, and these shall become binding upon the district.
(4) 
Standards for off-street parking, loading and signs for planned development district uses shall be guided by those for equivalent or similar uses in conventional zoning districts, but may be modified to better achieve site development objectives, during the site plan and subdivision approval process. If the designer proposes a variation from these conventional standards, they shall be presented as part of the district and approved by the Town Board.
E. 
Application procedure.
(1) 
It is the intent of this section to allow Planned Development Districts based on three phases of review.
(a) 
The first step is for the applicant to make an application to the Town Board for rezoning to a Planned Development District.
[1] 
The application is expected to be accompanied by conceptual plans in which the uses, building footprints, internal vehicular and pedestrian circulation, utility layouts, architectural treatment, setbacks, existing and proposed grades, landscaping, parking, lighting, signing, and other design objectives and standards for the district are shown.
[2] 
The concept (or sketch) plan shall be to scale, though it need not be to the precision of a finished engineering drawing. The application shall explain and show the following information:
[a] 
Location and extent of all proposed land uses, with areas in acres, as well as any proposed open space, including the development guidelines proposed for setbacks, building size, lot coverage, parking, impervious surfaces and other similar land use restrictions found within the Zoning Code.
[b] 
All interior streets, roads, easements and their planned public or private ownership, as well as all points of ingress and egress from existing public rights-of-way.
[c] 
An area map showing the applicant's entire holdings and adjacent properties; that portion of the applicant's property under consideration; all properties, subdivisions, streets, easements, watercourses, LDD and other significant natural and built features within 500 feet of the applicant's property; and all uses and zoning of abutting lands.
[d] 
If residential in nature, description of the number of residential units, their dwelling type, number of stories, the overall architectural style and the overall density of the proposal. If nonresidential in nature, the number of stories, the range of building footprints, the total impervious surface, the architectural style and guidelines and the overall density of the proposal.
[e] 
The area water and sanitary sewer systems with proposed points of attachment to existing systems; the proposed stormwater drainage system and its relation to existing systems.
[f] 
Description of the manner in which any common areas that are not to become publicly owned are to be maintained, including open space, streets, lighting and other considerations relevant to the proposal.
[g] 
If the development is to be phased, a description and graphic representation of the phasing of the entire proposal in terms of length of time, type and number of units or activities completed per phase.
[h] 
A description of any covenants, easements, restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.
[i] 
A written statement by the applicant setting forth the reasons why, in his or her opinion, the proposal would be in the public interest and would be consistent with the Town's goals and objectives.
[j] 
A long-form environmental assessment form (EAF).
[3] 
If the Town Board accepts the application, it will hold a public hearing on the rezoning request. After the public hearing, the Town Board shall refer the application to the Planning Board for review and recommendation. When required by § 239-e et seq. of the General Municipal Law, the applications shall be forwarded to the County Planning Board for its review. The Town Board and/or Planning Board may also refer the application to the Conservation Board, Town Engineer and Historic Architecture Commission as well as other local and county officials, representatives of federal and state agencies and consultants.
[a] 
The Planning Board report and recommendation to the Town Board shall include the following findings:
[i] 
The suitability of the tract(s) for the general type of development proposed, the physical characteristics of the land and the relation of the proposed development to surrounding existing and probable future development.
[ii] 
The adequacy of major roads, utilities and other facilities and services to serve the development.
[iii] 
That the proposal is conceptually sound and that it meets local and area-wide needs and it conforms to accepted design principles in the proposed functional roadway and pedestrian system, land use configuration, open space system, hiking trail system and drainage system.
[iv] 
The plans are consistent with the Town's Comprehensive Plan's goals and objectives and/or other plans or policies used to guide development in the Town.
[b] 
The Conservation Board's reports and recommendations, provided during preliminary review by the Planning Board, should consider all pertinent environmental issues.
(b) 
After receipt and review of any reports and recommendations, the Town Board shall determine whether the application has merit and should be sent to the Planning Board for site plan approval and subdivision approval (if requested). The submission to the Planning Board may be made only after the Town Board finds that the proposed district has community value and that the development area has adequate resources and public facilities, including transportation, water supply, waste disposal and fire protection to handle the development being proposed.
[1] 
After the Planning Board has had its initial public hearing, the Planning Board and the Conservation Board will make their SEQRA recommendations to the Town Board. The Town Board will then make a SEQRA determination utilizing coordinated review with the other involved Town Boards. Once the applicant has obtained a favorable SEQRA determination, the applicant will complete the site plan approval and subdivision approval process (if requested) with the Planning Board. If the project is in an historic district or includes a designated landmark, the applicant must also obtain a certificate of appropriateness from the Historic Architecture Commission.
(c) 
After the applicant receives the necessary site plan and subdivision approvals from the Planning Board and any required certificates from the Historic Architecture Commission, the applicant will return to the Town Board for final rezoning approval. Upon receiving final rezoning approval, the Town's Official Zoning Map shall be amended to reflect the change in zoning. The Town Board may, if it feels it is necessary, in order to protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet.
F. 
Once the Town Board has granted the rezoning request, the applicant shall have one year to commence significant development on the site. Failure to commence significant site development within one year shall cause the land to revert to the original zoning classification(s).
G. 
For the purpose of regulating development and use of Planned Development District property after initial construction and occupancy, any changes other than tenant changes shall be subject to site plan review by the Planning Board. If use changes, or modifications to the established zoning restrictions placed upon the district under the original amendment are requested, these shall be processed as special use permits granted by the Town Board in addition to site plan approval by the Planning Board. It shall be noted, however, that properties lying within planned 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 development shall be of primary importance.
H. 
Required modifications during subdivision or site plan approval. If in the subdivision or site plan review process it becomes apparent that certain elements of the application, as it has been approved by the Town Board, are in need of modification, the applicant shall present a proposed solution. The Town Board shall then determine by resolution whether or not the modified plan is still in keeping with the intent of the zoning resolution.
I. 
Minor building additions to single-family residential units within the PDD, up to 15% of the original footprint, may be permitted through the normal permitting process. Additions in excess of 15% shall receive a site plan approval from the Planning Board.