A.
Intent.
(1)
It is the intent of these planned residential development
provisions to provide flexible use and design regulations through
the use of performance criteria so that small- to large-scale neighborhoods
or portions thereof may be developed within the Town which incorporate
a variety of residential types and contain both individual building
sites and common property which are planned and developed as a unit.
Such a planned residential development is to be designed and organized
so as to be capable of satisfactory use and operation as a separate
entity without necessarily needing the participation of other building
sites or other common property in order to function as a neighborhood.
This article specifically encourages innovation in residential development
so that the growing demands for housing at all economic levels may
be met by greater variety in type, design and siting of dwellings
and by the conservation and more efficient use of land in such developments.
(2)
This article recognizes that, while the standard zoning
function and the subdivision function are appropriate for the regulation
of the land use in areas or neighborhoods which are already substantially
developed, these controls represent a type of preregulation, regulatory
rigidity and uniformity which may be inimical to the techniques of
land development contained in this planned residential development
concept. Further, this article recognizes that a rigid set of space
requirements, along with bulk and use specifications, would frustrate
the application of this concept. Thus, where planned residential development
techniques are deemed appropriate through the rezoning of land to
a Planned Residential Development District by the Town Board, the
set of use and dimensional specifications elsewhere in this chapter
are herein replaced by an approval process in which an approved plan
becomes the basis for continuing land use controls.
B.
Objectives. In order to carry out the intent of this
article, a planned residential development shall achieve the following
objectives:
(1)
A maximum choice on the types of environment, occupancy
tenure (e.g., individual ownership, condominium, leasing), types of
housing, lot sizes and community facilities available to existing
and potential Town residents at all economical levels, particularly
elderly residents of the community.
(2)
More usable open space and recreation areas.
(3)
More convenience in location of accessory commercial
and service areas.
(4)
The preservation of trees, outstanding natural topography
and geologic features and prevention of soil erosion.
(5)
A creative use of land and related physical development
which allows an orderly transition of land.
(6)
An efficient use of land resulting in smaller networks
of utilities and streets and thereby lower housing costs.
(7)
A development pattern in harmony with the objectives
of the Comprehensive Plan.
(8)
A more desirable environment than would be possible
through the strict application of other articles of this chapter.
Under normal circumstances, the minimum area
required to qualify for a Planned Residential Development District
shall be 25 contiguous acres of land.
The tract of land for a project 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 owners of all property included in a project.
In the case of multiple ownership, the approved plan shall be binding
on all owners. Leaseholds shall be for a period of at least 50 years.
All approved plans shall be binding on all successors of the applicants.
The Planned Residential Development District
shall be applicable to any area of the Town where the applicant can
demonstrate that the characteristics of his holdings will meet the
objectives of this article.
Common open space shall comprise a minimum of
10% of the gross area of the planned residential development to be
used for recreational, park or environmental amenity for collective
enjoyment by occupants of the development but shall not include public
or private streets, driveways or utility easements. No more than 50%
of the common open space of a proposed planned residential development
shall be comprised of floodplains or slopes over 35%.
Permitted uses within a PRD District shall be
as follows:
A.
Residential uses: detached, semidetached or attached
one-family dwellings, garden apartments and townhouses.
B.
Nonresidential uses: active and passive park and recreation
areas, open space and facilities, including swimming pools, tennis
courts, ball fields, playgrounds, walkways, bikeways, nature trails
and similar structures and facilities.
C.
Accessory uses: those accessory uses and structures
permitted in the R-3 District.
A planned residential development plan that is in conformance with the criteria established in §§ 270-92 through 270-97 hereof conserves natural amenities and is consistent with the following standards shall be deemed to have qualified for tentative approval:
A.
General planning considerations.
(1)
The plan may provide for a mixture of those uses set forth in § 270-96 above; provided, however, that not more than 25% of the total number of proposed dwellings shall be townhouses.
(2)
No building or structure shall be more than 40 feet in height as defined in § 270-5 of this chapter.
(3)
The intent of this article is to encourage excellent
quality development and to take into consideration the appearance
of all elevations and the arrangement of the buildings and external
spaces and materials used therein.
(4)
Nonresidential uses shall be designed and intended
primarily for the use of the residents of the planned residential
development and the immediate neighborhood, and the burden of proof
shall be upon the applicant to prove that such is the case. No building
designed or intended to be used in part or in whole for institutional
purposes shall be constructed prior to the construction and completion
of not less than 20% of the dwelling units proposed in the plan. Recreational
and open space uses shall be incorporated into each phase or stage
of development in the manner prescribed by the plan. Applicable recreational
facilities shall be completed before construction of the next phase.
(5)
Maximum residential density. In consideration of the
intent of the provisions of this article, the Town Board may permit
a greater number of dwelling units per acre than is permitted by this
chapter otherwise applicable to the site. Applicants requesting such
density increase shall be required to submit the following:
(a)
A preliminary sketch plan which conforms to
all standards and criteria of the effective zoning to establish the
maximum permitted density.
(b)
A preliminary sketch plan which conforms to
all requirements of this article illustrating the planned residential
development based upon the requested density increase.
B.
Consideration for density increase shall be governed
by the criteria listed below, which are to be treated as additive,
not compounded.
(1)
Open space (as defined in § 270-96) reservation shall be considered as a basis for density increases according to the following provisions:
(a)
If 5% of the gross area of the planned residential development is reserved for common usable open space in addition to the minimum required open space set forth in § 270-96, the applicant shall receive a ten-percent density increase if such open space area is improved and a five-percent density increase if unimproved.
(b)
If 10% of the gross area of the planned residential development is reserved for common usable open space in addition to the minimum required open space set forth in § 270-96, the applicant shall receive a fifteen-percent density increase if such open space area is improved and a seven-and one-half-percent increase if unimproved.
(c)
If 20% of the gross area of the planned residential development is reserved for common usable open space in addition to the minimum required open space set forth in § 270-96, the applicant shall receive a fifteen-percent density increase if such open space area is improved and a ten-percent density increase if unimproved.
(2)
Character, identity and architectural and siting variation
incorporated in a development shall be considered cause for density
increases not to exceed 10%, provided that these factors make a substantial
contribution to the objectives of a planned residential development.
The degree of distinctiveness and the desirable variation achieved
shall govern the amount of density increase which the Town Board may
approve. Such variations may include, but are not limited to, the
following:
(a)
Landscaping (a maximum increase of 5%), streetscaping,
open spaces and plazas, use of existing landscape, pedestrian way
treatment and recreational areas.
(b)
Siting (a maximum increase of 2.5%), visual
focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical and
environment, in building setbacks and building groups (such as clustering).
(c)
Design features (a maximum of 2.5%), street
sections, architectural styles, harmonious use of materials, parking
areas broken by landscape features and varied use of house types.
A.
In accordance with § 281, Subdivision 3(c),
of the Town Law, the Town Board shall require the landowner to provide
for and establish a homeowners' association for the maintenance, preservation
and ownership of the common open space, including private streets,
drives, service and parking areas and recreational areas. Membership
in such homeowners' association shall be made a restriction to the
deed conveying ownership of a dwelling in the planned residential
development. Such organization shall not dispose of the common open
space, by sale or otherwise, except to an organization conceived and
established to own and maintain the common open space.[1]
B.
The applicant shall set forth the terms and requirements
of ownership and maintenance of the common open space in a homeowners'
association agreement, such agreement being made part of a deed of
ownership. The homeowners' association agreement shall be submitted
to the Town Board for review as part of the application for planned
residential development approval.
A.
The uniqueness of each proposal for a planned residential
development may require that the specifications for the width and
surfacing of streets and highways, alleys, ways for public utilities,
for curbs, gutters, sidewalks, streetlights, public parks and playgrounds,
school grounds, stormwater drainage, water supply and distribution,
sanitary sewers and sewage collection and treatment shall be subject
to modification from the specifications established in other Town
ordinances.
B.
The Board may therefore waive or modify the specifications
otherwise applicable for a particular public facility where the Board
finds that such specifications are not required in the interest of
the residents of the planned residential development and that the
modifications of such specifications are consistent with the interests
of the entire town. Proposed specifications and standards which are
inconsistent with those required under the prevailing Town ordinances
shall be termed acceptable upon approval by the Board.
A.
Where there is a question as to the suitability of
lots for their intended use due to factors such as steep slopes, stream
corridors, rock formations, flood conditions or similar circumstances,
the Town Board may, after adequate investigation, withhold approval
of such lots.
B.
The Town Board may deny an application for planned
residential development approval where a significant portion of the
tract is unsuitable for development by reason of its geology and topography
or other significant natural features (such as landscape, stands of
mature trees, brooks, ponds, hilltops and views) or other environment
or ecological constraints, or where the proposed development would
substantially degrade unique or irreplaceable land types or the critical
areas or substantially impair the regenerative capacity of aquifers
and other groundwater supplies, or where the proposed development
would not permit the preservation of historic sites in an appropriate
setting.
C.
Existing trees shall be preserved wherever possible.
The location of trees must be considered when planning the common
open space, location of buildings, underground services, walks, paved
area, playgrounds, parking areas and finished grade levels.
D.
The Board shall inquire into the means whereby trees
and other natural features will be protected during construction.
Excessive site clearing of topsoil, trees and natural features before
the commencement of building operations will be discouraged by the
Board.
E.
The finished topography of the site shall adequately
facilitate the proposed development without excessive earth moving
and destruction of this and other natural amenities.
F.
Natural features, such as lakes, streams, topsoil,
trees and shrubs, shall be preserved and incorporated into the final
landscaping of the development whenever possible.
G.
Seeding, sodding and other planting shall be applied
to stabilize topsoil on steep slopes and enhance the appearance of
open areas.
H.
Where adequate surface drainage is not possible by
means of grading alone, a supplementary drainage system to be approved
by the Town Engineer will be required.
A.
All housing shall be designed with regard to topography
and natural features of the site. The effects of prevailing winds,
seasonable temperatures, most scenic views and hours of sunlight on
the physical layout and form of the proposed land use and buildings
shall be taken into account.
B.
To create architectural interest in the arrangement
and character of housing fronting streets, variations in setbacks
will be encouraged.
C.
All housing should be located so as to provide adequate
privacy and ensure natural light in all principal rooms.
D.
Routes for vehicular and pedestrian access and parking
access shall be convenient without creating nuisances or detracting
from privacy.
E.
The approximate location and arrangement of buildings
and open spaces must be shown so that the Board may review the intensity
of land use and serve the public interest by protecting neighboring
land uses.
F.
The following requirements shall apply:
(1)
No dwelling shall be within 20 feet of the curb of
any road.
(2)
No housing shall be erected within 35 feet of any
other housing or within a distance equal to its height, whichever
is greater.
(3)
There shall be a minimum of 50 feet between any wall
containing 10% or more of principal windows in living areas and any
other such wall.
(4)
There shall be a minimum of 30 feet between any facing
wall containing principal windows in living areas and the curbs of
any street.
(5)
There shall be a minimum of 10 feet between any parking
area and any structure, except when waived or modified by the Board.
Such area shall contain a fence, a wall or dense landscaping, as deemed
appropriate by the Board.
(6)
No more than two adjacent dwelling units shall have
the same setback.
(7)
All structures shall be a minimum of 50 feet from
the property lines of the development, and a planting strip of no
less than 10 to 15 feet shall be provided along all properly lines
adjacent to the development where privacy of other parties is a consideration.
(8)
Each townhouse unit must be at least 20 feet wide.
All streets and sidewalks must conform to the
town's design standards with respect to rights-of-way, width, paving
specifications, cartway design, horizontal and vertical alignment,
site distances and drainage provisions, except when modified or waived
by the Board. Pedestrian circulation systems must be provided as convenient,
safe and attractive links between residential groupings, open space
areas, recreation areas and schools.
A.
For each dwelling unit, there shall be two off-street
parking spaces consisting of not less than 200 square feet each, half
of which shall be garage space, with adequate access provided.
B.
Parking areas shall be arranged so as to prevent through
traffic to other parking areas.
C.
Parking areas shall be screened from adjacent structures,
roads and traffic arteries by means of hedges, dense planting, earth
berms, changes in grade or walls.
D.
No more than 15 parking spaces shall be permitted
in a continuous row without being interrupted by landscaping.
E.
No more than 60 parking spaces shall be accommodated
in any single parking area.
F.
All streets and any off-street loading area shall
be paved, and the design thereof shall be approved by the Board. All
areas shall be marked so as to provide for orderly and safe loading,
parking and storage.
G.
Parking for nonresidential purposes shall be provided
appropriate to the type of nonresidential use, as deemed adequate
by the Board.
H.
All parking areas shall be adequately lighted. All
such lighting shall be so arranged as to direct the light away from
adjoining residences.
I.
All parking areas and off-street loading areas shall
be paved with a dust-free permanent surface, graded and drained so
as to dispose of all surface water without erosion, flooding and other
inconveniences.
A.
Landscaping shall be regarded as an essential feature
of every planned residential development in order to enhance the appearance
of housing, provide protection from wind and sun and screen roads,
parking areas and nearby property from view. All trees and shrubs
shall be maintained in healthy condition or replaced with others of
similar size and type.
B.
All parking areas shall be landscaped. In addition
to other requirements of this section, the interior of a parking lot
shall have one four-inch-caliper shade tree for every four cars.
Whenever any planned residential development
is proposed, before any permit for the erection of a permanent building
in such planned residential development shall be granted and before
any subdivision plot of any part thereof may be filed in the office
of the Schenectady County Clerk, the developer, or his authorized
agent, shall apply for and secure approval of such planned residential
development in accordance with the following procedures:
A.
Application for sketch plan approval.
(1)
In order to allow the Town authorities and the developer
to reach an understanding on basic design requirements prior to detailed
design investment, the development shall submit a sketch plan of his
proposal to the Planning Board. The sketch plan shall be approximately
to scale, though it need not be to the precision of a finished engineering
drawing, and it shall clearly show the following information:
(a)
The location of the various uses and their areas.
(b)
The general outlines of the interior roadway
system and all existing rights-of-way and easements, whether public
or private.
(c)
Delineation of the various residential areas, indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling-unit type (i.e., single-family detached, duplex, townhouse, garden apartments) and general description of the intended market structure (i.e., luxury, middle-income, moderate-income, elderly units, family units, etc.), plus a calculation of the residential density in dwelling units per gross acre (total area, including interior roadways) for such area based upon the method set forth in § 270-98A(5) above.
(d)
The common open space system.
(e)
The overall drainage system.
(f)
If grades exceed 3% or portions of the site
have a moderate-to-high susceptibility to erosion or a moderate-to-high
susceptibility to flooding and ponding, a topographic map showing
contour intervals of not more than five feet of elevation, along with
an overlay outlining the above susceptible soil areas, if any.
(g)
Principal ties to the community at large with
respect to transportation, water supply and sewage disposal.
(h)
General description of the provisions of other
community facilities, such as schools, fire-protection services and
cultural facilities, if any, and some indication of how these needs
are proposed to be accommodated.
(i)
A location map showing uses and ownership of
abutting lands.
(2)
In addition, the following documentation shall accompany
the sketch plan:
(a)
Evidence of how the developer's particular mix
of land uses meets existing community demands.
(b)
Evidence that the proposal is compatible with
the goals of the Official Comprehensive Plan.
(c)
If the development is to be staged, a general
indication of how the staging is to proceed. Whether or not the development
is to be staged, the sketch plan of this section shall show the intended
total project.
(d)
Evidence of any sort in the applicant's own
behalf to demonstrate his physical and financial competence to carry
out the plan and his awareness of the scope of such a project.
(e)
A long-form environmental assessment shall be
submitted together with a list of other permits required and involved
agencies. If determined necessary, an environmental impact statement
will be prepared in accordance with the requirements of the New York
State Environmental Quality Review Act.[1]
[1]
Editor's Note: See Environmental Conservation
Law § 8-0105.
B.
Planning Board review. The Planning Board shall review
the sketch plan and other documents submitted by the applicant and
shall render either a favorable or an unfavorable report to the Town
Board.
(1)
A favorable report shall include a recommendation
to the Town Board that a public hearing be held for the purpose of
considering planned unit development districting. It shall be based
on the following findings, which shall be included as part of the
report:
(a)
The proposal conforms to the Town Comprehensive
Plan.
(b)
The proposal meets the intent and objectives
of planned unit development, as expressed herein.
(c)
The proposal meets all the general requirements
of this article.
(d)
The proposal is conceptually sound in that it
meets a community need and it conforms to accepted design principles
in the proposed functional roadway 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.
(2)
An unfavorable report shall state clearly the reasons
therefor and, if appropriate, point out to the applicant what might
be necessary in order to receive a favorable report. The applicant
may, within 10 days after receiving an unfavorable report, file an
application for planned unit development districting with the Town
Board. The Town Board may then determine, on its own initiative, whether
or not it wishes to call a public hearing.
C.
Completed application. The Chairman of the Planning
Board shall certify when all of the necessary application material
has been presented, and the Planning Board shall submit its report
within 60 days of such certification. If no report has been rendered
after 60 days, the applicant may proceed as if an unfavorable report
were given to him.
A.
Town Board action. Upon completion of the requirements
for review under the New York State Environmental Quality Review Act[1] and upon receipt of a favorable report from the Planning
Board or upon its own determination subsequent to an appeal from an
unfavorable report, the Town Board shall set a date for and conduct
a public hearing for the purpose of considering planned residential
development districting for the applicant's plan in accordance with
the procedures established by the Town Law.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0105.
B.
Referrals. The Town Board shall refer the application
to amend the Zoning Map to the Schenectady County Planning Department
and to the Commissioner of the Department of Public Works. The Commissioner
shall report to the Town Board on the adequacy of the utilities, layout
parking, site design, drainage, streets and other aspects of the development
consistent with the purposes of this chapter. The report of the Commissioner
may include such actions, stipulations or conditions which are deemed
necessary and appropriate.
C.
Decision. The Town Board shall act on the rezoning
application in accordance with Town Law and may attach to its authorizing
resolution any modifications, conditions, safeguards or requirements
as may be appropriate.
D.
Effect of approval.
(1)
If the Town Board grants the planned residential development
district, the Zoning Map shall be so annotated. Approval by the Town
Board shall be deemed to authorize the applicant to proceed with detailed
design of the initial stage(s) of the proposed development and to
submit applications for final site plan approval of such stage(s)
in accordance with the approved planned residential development sketch
plan and any modifications, conditions, safeguards or requirements
thereto, and to thereafter design and submit detailed site plan applications
for each subsequent stage(s).
(2)
Approval by the Town Board shall not be deemed to
waive any right of the Planning Board to a detailed review of any
aspect of the development under the site plan authorization procedures
set forth in this chapter.
E.
Expiration. Approval or approval with modifications
of the planned residential development zoning shall expire at the
end of 12 months after the effective date, unless the applicant has
submitted at least one final site plan application for all or a section
of the planned residential development, or such time limit is extended
by action of the Town Board.
