In determining whether a planned unit development
should be allowed, particularly as regards the intensity of land use,
the Town Board shall consider the following factors:
A. The need for the proposed land use in the proposed
location.
B. The availability and adequacy of water service.
C. The availability and adequacy of sanitary waste disposal
facilities.
D. The availability and adequacy of transportation systems,
including the impact on the road network.
E. The pedestrian circulation and open space in relation
to structures, throughout the proposed development, and as part of
an adjoining or future connecting Townwide open and linear pathway
system.
F. The character of the neighborhood in which the PUD
is being proposed, including the safeguards provided to minimize possible
detrimental effects of the proposed use on adjacent properties and
the neighborhood in general.
G. The height and mass of buildings and their relation
to other structures in the vicinity.
H. Potential impacts on local government services.
I. Potential impacts on environmental resources, including
wetlands, surface water, floodplains, and plant and wildlife communities.
J. The general ability of the land to support the development,
including such factors as slope, depth to bedrock, depth to water
table and soil type.
K. Other factors as may be deemed appropriate by the
Town Board.
Whenever any planned unit development is proposed,
before any permit for the erection of a permanent building in such
planned unit development shall be granted and before any subdivision
plat of any part thereof may be filed in the office of the Warren
County Clerk, the developer or his authorized agent shall apply for
and secure approval of such planned unit development in accordance
with the following procedures:
1.
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Submit sketch plan to the Town Board for consideration.
If the Town Board determines that the proposal merits further review,
then it may refer the application to the Planning Board.
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2.
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Planning Board review of rezoning referral and
sketch plan and public hearing held by Planning Board.
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3.
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Planning Board report to Town Board.
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4.
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Town Board conducts a public hearing on rezoning
and conducts SEQR review.
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5.
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Upon approval of rezoning, review project elements
for subdivision or site plan approvals.
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A. Application for sketch plan approval.
(1)
Sketch plan drawing. The application shall include
a sketch plan drawn 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 roadways
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, high-rise) 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, and a calculation of total permeable area.
(d)
The interior 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. If
grades are less than 3%, the topographic map may be at ten-foot contour
intervals.
(g)
Principal ties to the community at large with
respect to transportation (pedestrian and vehicular), 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.
(j)
A long-form environmental assessment form.
(2)
Additional sketch plan documentation. 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)
A general statement as to how common open space
is to be owned and maintained.
(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)
How the plan is in conformance with the Town's
Comprehensive Plan.
(e)
Evidence of the applicant's physical and financial
competence to carry out the plan and his awareness of the scope of
such a project.
(f)
A draft Zoning Ordinance amendment applicable
to the project for review by the Town Board. The draft shall identify
all amendments to the ordinance required by the PUD.
(g)
A fiscal impact analysis identifying projected
short- and long-term impacts on municipal and school district budgets.
(3)
In order to allow the Town Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit an application of his proposal to the Town Board. The Town Board, at its next regularly scheduled meeting, may, if it determines that the proposal merits review, refer the application to the Planning Board for review and recommendation. The date of Planning Board receipt of the application shall be the next regular meeting of the Planning Board. If the Town Board determines that the proposal does not merit review because it does not meet the objectives of this article, it shall not refer the application to the Planning Board and no further action on the application shall be taken. After referral by the Town Board and receipt of all required information, as determined by the Planning Board, the Planning Board shall hold a public hearing in accordance with the hearing requirements of §
179-16-120 of this chapter and shall render either a favorable or an unfavorable report to the Town Board within 60 days of the closing of the public hearing.
(4)
In reviewing the sketch plan, the Planning Board
may call upon any public or private agencies or consultants that the
Board feels are necessary to provide a sound review of the proposal.
In addition to the fee listed on the schedule of fees, the Planning
Board may charge a fee to developers of projects requiring legal and
technical review, provided that the fee reflects the actual cost of
legal and technical assistance to the Planning Board.
(5)
A favorable report shall include a recommendation to the Town Board that the proposal has merit and should proceed to further consideration by the Town Board, including a public hearing to be held for the purpose of considering planned unit development districting. It shall set forth the reasons supporting the recommendation and shall be based on the objectives set forth in §
179-12-010. Said report must include, at a minimum, the following findings:
(a)
That the proposal meets the intent and objectives
of planned unit development, as expressed in this article.
(b)
That the proposal meets all the general requirements
in this article.
(c)
That 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.
(d)
That there are adequate services and utilities
available or proposed to be made available in the construction of
the development.
(e)
That the proposal is in accordance with the
Comprehensive Plan and furthers the policies, goals and/or objectives
of the Comprehensive Plan.
(6)
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. If the Town Board determines
not to hold a hearing, no further action shall be taken and the application
shall be considered denied.
(7)
The Planning Board shall determine when all
of the necessary application material has been presented, and the
Planning Board shall submit its report within 60 days of such determination.
If no report has been rendered after 60 days, the applicant may proceed
as if an unfavorable report were given to him.
B. Application for planned unit development districting.
(1)
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 unit
development districting for the applicant's plan, in accordance with
the procedures established by the Town Board for holding meetings,
said public hearing to be conducted within 45 days of the receipt
of the favorable report or the decision on appeal from an unfavorable
report.
(2)
The Town Board shall refer the application to
the Warren County Planning Board for its analysis and recommendations,
and the Town Board shall also refer the application to such other
agencies or consultants it deems appropriate. If County Planning Board
review is not required, the Town Board may still refer the application
for its review and recommendations.
(3)
Within 30 days following receipt of the report
from the County Planning Board, the Town Board shall render its decision
on the application.
C. Zoning for planned unit development. If the Town Board grants the planned unit development districting, the Zoning Map shall be so noted. The Town Board shall, 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. 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 such as schools, firehouses, and libraries, protection of natural and/or historic sites and other physical or social demands. Proposed density of the PUD shall be subject to §
179-12-020C and D of this article.
D. Site plan and subdivision approvals. Subsequent to obtaining any rezoning under this article, individual project elements shall be subject to subdivision or site plan approvals, as applicable. The procedure for such approvals shall be as specified in Article
9, Site Plan Review, of this chapter for site plan approvals and in the Town of Queensbury Subdivision Regulations for subdivision approvals.Due to the intent of PUDs and their flexible, yet cohesive,
nature the subdivision and site plan approval process may take place
simultaneously. Where procedures are in conflict, the more restrictive
process will apply.
If it becomes apparent in the subdivision and/or
site plan review process that certain elements of the sketch plan,
as approved by the Town Board, are not feasible and need significant
modification, the applicant shall present solutions to the Planning
Board to address the PUD subdivision and/or site plans, in accordance
with all of the above procedures. The Planning Board shall then determine
whether or not the modified plan is still in keeping with the intent
of the local law creating the PUD. If a negative decision is reached,
the site plan shall be considered disapproved. The applicant may then
produce another site plan in accordance with the approved PUD 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 reason for feeling the project should be continued as modified.
Preliminary site plan approval may then be given only with the consent
of the Town Board.
No building permits shall be issued for construction within a Planned Unit Development District until improvements are installed or financial security is posted in accordance with the procedures of §
179-12-090 of this chapter and/or the Town of Queensbury Subdivision Regulations. Construction may also not occur until such other requirements
and conditions as established by the Town Board and Planning Board
have been met.
The Town Board may require the posting of financial
security in the form of a bond, letter of credit or other instrument
in order to ensure that improvements are carried out as specified
in the plans and approvals. The Boards shall follow the procedures
in the Town of Queensbury Subdivision Regulations or New York State Town Law § 277(9) for such
financial security.
Unless otherwise specified or extended by the
Town Board, any PUD approval shall expire if the applicant fails to
undertake the proposed action or project within one year from the
filing date of such decision thereof. In the case of a phased project,
the PUD approval shall expire if the applicant fails to undertake
the designated phase within one year of the approved schedule.
All Planning Board decisions shall be filed
with the Town Board and Town Clerk, and the Town Board shall file
all decisions with the Planning Board and Town Clerk. The applicant
shall receive copies of all decisions.