Village of Carthage, NY Article VII Planned Development Districts

§ 146-18 Legislative intent.

A. From time to time, Planned Development Districts (PDD) may be established in the Village and designed at specific locations on the Zoning Map. The purpose for establishing such districts is to allow compatible development of a variety of uses (e.g., residential, commercial, recreational, historic, etc.) to exist and vary from the strict application of this chapter's regulations.

B. It is the intent of this article to provide flexible land 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 Village. These may incorporate a variety of residential and nonresidential uses, containing both individual building sites and common property which are planned and developed as a unit. This article specifically encourages innovations in residential development so that the growing demands for housing at all levels may be met by greater variety in type, design and siting of dwellings and by the more efficient use of land in such developments. Planned developments do not require a mix of residential and nonresidential uses to be considered for Planned Development District status.

C. This article recognizes that while the standard zoning functions (use, bulk and area) are appropriate for the regulation of land use in some areas or neighborhoods, these controls represent a type of regulatory strictness which may be detrimental to the innovative techniques of quality land development contained in the Planned Development District concept. Further, this article recognizes that a rigid set of space requirements, along with area and use specifications, would frustrate the application of this concept. Thus, where Planned Development District techniques are deemed appropriate through the rezoning of land to a Planned Development District by the Village Board, the set of use and dimensional specifications found elsewhere in this chapter are herein replaced by an approval process based upon the performance criteria outlined in Article VI, Site Plan Review Criteria, and as prescribed by the Village Planning Board.

§ 146-19 General requirements for proposals.

Following is a list of the requirements that a proposal must meet to be considered for Planned Development District status.

A. Minimum area. The district must comprise at least three acres of contiguous land.

B. Ownership. The tract of land for a project may be owned, leased or controlled, either by a single person or corporation or 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.

C. Location of Planned Development District. The Planned Development District shall be applicable to any area of the Village where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article.

D. Permitted uses. Following are descriptions of residential and nonresidential uses permitted in the Planned Development District. These uses may be mixed, separated or the development may accommodate only one type of use (i.e., residential or nonresidential).

(1) Residential uses. Residences may be of any variety of types, including single-family dwellings, two-family dwellings, multiple dwellings and mobile home parks.

(2) Accessory, commercial, business, recreational, historic, service and other nonresidential uses. Nonresidential uses shall include, but not be limited to, retail and wholesale commercial operations, theaters, places of amusement and recreation, cultural and historic facilities, public and private parks, home occupations, community facilities, restaurants and tourist facilities. All such uses shall be in keeping with the residential character of the proposed district and adjacent areas. No industrial uses shall be permitted.

(a) In a mixed-use development, the nonresidential uses of a commercial or business nature shall not exceed the square footage devoted to residential and its accessory uses. This shall be determined by building floor area. Such commercial or service area may be in separate buildings or incorporated within two-family or multifamily structures or in suitable combinations of these alternatives.

(b) Customarily accessory or associated uses, such as private garages, storage spaces, community activity centers, churches and schools shall also be permitted as appropriate to the Planned Development District.

E. Setback requirements. The applicant shall propose to the Planning Board specific setback distances for acceptable permitted uses. These distances may be different for similar uses or different uses. There shall be distances proposed for front, side and rear yards, which assure environmental quality from such concerns as noise, fire, sanitary, odor, traffic, etc. The Planning Board shall review these proposals and determine their acceptability in assuring environmental soundness of such conditions. The Planning Board shall specify yard setback requirements if the applicant's proposal is not acceptable.

F. Common property in the Planned Development District. Common property is not required to be considered for Planned Development District status; however, it is often characteristic of such proposals. Common property in a Planned Development District is a parcel or parcels of land, with or without the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. When common property exists, the ownership of such common property may be either public or private. When common property exists in private ownership, satisfactory arrangements must be presented for the improvement, operation and maintenance of such common property and facilities, including private street, drives, service and parking areas and recreational and open space areas.

§ 146-20 Application procedures.

Following are procedural steps that shall be followed when applying for Planned Development District status:

A. In order to establish Planned Development Districts, this Zoning Chapter must be amended by the following procedures herein outlined and the prescribed regulations for amendments to this Zoning Chapter.

B. Application for establishment of a Planned Development District shall be made to the Village Clerk by the owner(s) of property proposed to be included in the district. Such application shall contain the same information and materials as required in § 146-14. The Village Clerk shall refer such application to the Village Planning Board for consideration within 15 days of receipt of such an application.

C. Within 14 days following referral, the Planning Board must request, in writing, that the applicant send a development plan and detailed program which would enable the Planning Board to evaluate the proposed development and its effect on nearby land uses and public services. Such a plan and program must consist of the application requirements of §§ 146-14 through 146-15.

D. The Planning Board must discuss the proposal with the applicant at a regular meeting of the Board within 30 days of the submission of the required information by the applicant (Subsection C above). Within 10 working days of such a meeting, the Planning Board must approve, approve with modifications and conditions or disapprove such an application and then report these recommendations to the Village Board of Trustees. The Planning Board will base this decision upon the developer's ability to meet the site plan review standards established under § 146-17.

E. In determining its recommendations on the proposed development, the Planning Board must consider, where appropriate, the need for the proposed use in the proposed location; its consistency with the Village Development/Comprehensive Plan; and the existing character of the neighborhood in which the use would be located. It also must consider the safeguards to minimize possible detrimental effects of the proposed use on the adjacent properties, on public services and on the historic character of the area.

F. It shall be the authority of the Planning Board to set conditions under Subsection D and make a recommendation for Planned Development District status based upon this. It is the Village Board's authority to review this Planned Development District status recommendation (from the Planning Board) and enact or disapprove an amendment thereon. Within 45 days of receipt of the recommendation, the Village Board must, following public notice provided by this chapter, hold a public hearing on the proposal and then deny, approve or approve with conditions this proposal by the procedures prescribed for amendments under this Zoning Chapter.

G. If such an amendment is enacted, the permitted development must be confined to the specific designated area and must follow the approved development plan and program. If it does not it will constitute a violation of this Zoning Chapter.

H. In order to exceed any of the above time frames for adoption of a Planned Development District there must be agreement by both the applicant and the Village Board.

I. A Planned Development District that is in effect shall only be expanded if in compliance with original permits granted. Expansions requiring new permit action shall undergo the site plan review procedure of Article VI.

§ 146-21 Planned Development District No. 2 (PDD No. 2).

A. Area involved. PDD No. 2 is hereby created in the Village of Carthage to encompass land known as Village of Carthage Tax Map parcels 86.42-1-12.2 and 86.42-1-17 located off South Washington Street.

B. Permitted uses. All uses permitted under § 146-19D of the Village of Carthage Code shall hereby be permitted in PDD No. 2, except that no mobile home park shall be allowed in PDD No. 2.

C. Setback requirements. Setback requirements for all uses in PDD No. 2 shall conform to those setbacks applying to R-3 zoning requirements as set forth in § 146-6 and on Schedule II, Lot Dimensions, to the Village of Carthage Zoning Law,[1] with the exception that front yard parking for commercial uses shall be required to maintain a ten-foot setback on front and side yards.

[1] Editor's Note: Schedule II is included at the end of this chapter.

D. Parking. All uses within PDD No. 2 must conform to the minimum parking requirements as defined in § 146-10F and G of the Zoning Law of the Village of Carthage; provided, however, that commercial uses shall be exempt from the requirements of § 146-10H.

E. Special requirements, home occupations. For home occupations as defined and set forth in § 146-10K of the Zoning Law, the following standards shall apply:

(1) Not more than four people outside of immediate family shall be employed at any such home occupation use.

(2) One identification sign is permitted and shall meet the sign requirements for residential districts set forth in § 146-6B.

(3) Except as set forth herein, all other requirements of § 146-10K shall be strictly adhered to for home occupations.

F. Special requirements for commercial uses.

(1) In PDD No. 2, commercial uses must be isolated from residential uses.

(2) There will be no additional buffering or landscaping requirements imposed other than what currently exists for commercial uses under the Zoning Law for the Village of Carthage.

G. Certificate of occupancy. No certificate of occupancy shall be issued for any structure in any part of PDD No. 2 unless and until all infrastructure improvements, including water, sewer, sidewalks, streetlights and the like, are fully in place and accepted by the Village Board for that phase of the project.

H. General requirements. Except as specifically modified herein, all other requirements of the Village of Carthage Zoning Law, and specifically Article VII of the Village of Carthage Zoning Law, are to be strictly followed.