A.
The planned development (PD) procedure provides a
flexible land use and design regulation through the use of performance
criteria so that developments may be matched with sensitivity to the
unique characteristics of their site. This procedure recognizes that
while the standard zoning function (use and bulk) and the subdivision
function (platting and design) are appropriate for the regulations
of land use in areas substantially developed, these controls represent
a type of regulatory rigidity and uniformity which may be inimical
to the techniques of land development contained in the planned development
concept. Conventional area and density specifications set forth by
other sections of this chapter are intended to be replaced by application
of the planned development procedure and resulting PD-2 District,
as provided for herein, to lands upon which the approved plan becomes
the basis for control and development.
B.
While flexibility in substantive regulations is encouraged,
it is intended that this uniform procedure and the required conformance
with the Town Comprehensive Plan and municipal service capability
shall ensure the general welfare through equal treatment under the
law as well as precise control of all aspects of the development as
approved.
In order to distinguish Planned Development
Districts created under this flexible procedure from those similarly
named districts previously mapped within the Town of Schodack, those
districts created hereunder shall be designated for purposes of inclusion
on the Zoning Map as PD-2 Districts, with the latter designated as
PD-1 Districts.[1]
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
In order to carry out the intent of this article,
the application of PD shall achieve the following objectives; it shall:
A.
Contain an adequate and integrated system of open
space and recreation areas designed to tie the PD together internally
and link it to the larger community.
B.
Preserve trees, outstanding natural topography and
geologic features, while preventing soil erosion and uncontrolled
surface water drainage.
C.
Preserve and integrate historically significant structures
and sites into viable adaptive uses.
D.
Use land efficiently, resulting in smaller networks
of streets and utilities and thereby lower development and maintenance
costs.
E.
If residential in land use, provide a maximum choice
in occupancy tenure (e.g. individual ownership, leaseholds, condominiums),
type of housing (e.g., detached houses, townhouses, garden apartments),
lot size and community facilities available to existing and potential
Town residents.
F.
Possess creative design and site planning of a quality
that will produce a more desirable environment through improved functional
relationships between buildings and uses.
G.
Provide more convenience in the location of accessory
commercial and service areas.
H.
Provide an orderly transition of land from rural to
urban uses.
I.
Produce a development pattern in harmony with the
goals and objectives of the Town.
The legislative determination to establish a
Planned Development District must be based upon the following standards:
A.
Location. A Planned Development (PD) District may
be established at any location within the Town, but only if the objectives
and provisions of this chapter are satisfied as determined by the
Planning Board and Town Board and the PD is consistent with the spirit
and intent of the Town's Comprehensive Plan.
B.
Development area. The minimum development area required
to qualify for a Planned Development District shall be five contiguous
acres of land.
C.
Ownership. 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 the owners of all property included
in the project. In the case of multiple ownership, the approved plan
and its amendments shall be binding on all owners or their successors
in title and interest.
D.
Permitted uses in PD Districts. All uses within an
area designated as a PD District are determined by the provisions
of this article and the approved plan of the project concerned. For
a PD District involving mixed uses, such as a residential development
with associated service uses, the following shall apply:
(1)
Residences may be of any variety of type and density
as appropriate within the intent and objectives of this PD regulation.
(2)
Private garages, storage spaces, recreational and
community facilities shall be permitted as appropriate within the
PD.
(3)
Commercial, service and other nonresidential accessory
uses may be permitted or required where such uses are scaled to serve
the residents of the PD and, as necessary, the surrounding community.
(4)
Based upon a market analysis, commercial, service,
industrial and other nonresidential uses may be permitted as principal
uses if integral to the design of the PD and if such uses are supportive
to the PD and the community population in terms of work force, design
and character and if such uses are consistent with the Town's Comprehensive
Plan. Consideration shall be given to determine the appropriateness
of such uses.
E.
Intensity of land use. The density allowed within
the planned development shall be determined by the approved planned
development site plan or plat as established on a project-by-project
basis. Clustering is encouraged to a maximum localized density equal
to that allowed in the RMF District.
[Amended 2-10-2005 by L.L. No. 1-2005]
F.
Natural and recreational open space.
(1)
Not less than 35% of that total area of any tract
developed or proposed to be developed as a PD District, exclusive
of the land area used primarily for vehicular modes of transportation
and accessory uses, shall remain forever as common property reserved
for an open space system.
(2)
The open space system shall be developed to provide
the following:
(a)
Passive and active recreation spaces and facilities
adequate to meet under requirements based upon projected population
and age distribution.
(b)
Undeveloped open space as necessary to preserve
outstanding natural features.
(c)
Water areas to the extent appropriate for user
needs.
(d)
Such complementary structures, improvements
and equipment as necessary and appropriate for the benefit and enjoyment
of its users.
(3)
The plan or plat for all planned developments shall
contain or be supplemented by such material as required to establish
the method by which the open space system shall be perpetuated, maintained
and administered. The plan or plat and other materials shall be construed
as a contract between the landowner(s) and the Town and shall be specifically
noted on all deeds.
(a)
All land held for open space shall be so designated
on the plat. The plat shall additionally contain the following statement:
"Open space may not be separately sold, nor shall such land be further
developed or subdivided."
(b)
The plat shall designate the use of open space,
the type of maintenance to be provided and a planting plan or schedule.
In designating use and maintenance, the following classes may be used:
[1]
Lawn: a grass area with or without trees which
may be used by the residents for a variety of purposes and which shall
be mowed regularly to ensure a tidy appearance.
[2]
Natural area: an area of natural vegetation
undisturbed during construction or replanted; such areas may contain
pathways. Meadows shall be maintained as such and not left to become
weed-infested. Maintenance may be minimal but shall prevent the proliferation
of weeds and undesirable plants. Litter shall be removed and streams
kept in free-flowing condition.
[3]
Recreation area: an area designated for a specific
recreation use, including but not limited to tennis, swimming, shuffleboard,
playfields and tot-lots. Such areas shall be maintained so as to avoid
creating a hazard or nuisance and shall perpetuate the proposed use.
(c)
Designated planting and recreation facilities
within the open space areas shall be provided by the developer. A
performance bond or other guaranty may be required to cover the costs
of installation in accordance with this chapter.
(d)
At the pleasure of the Town Board, any of the
following methods may be used to preserve, own or maintain the open
space areas: condominium, homeowners' association, dedication in fee
simple, dedication of development rights or formation of a special
park district. The following specific requirements are associated
with each of these methods as well as any other provisions deemed
necessary by the Town Board.
[1]
Condominium. The open space may be controlled
through the use of condominium agreements. All open space land shall
be held as a common element. Such land shall be eligible for sale
to another method of ownership permitted under this subsection, but
only where there is no physical change in the open space. All plats
required by this chapter shall show required open space area, whether
this land is to be conveyed or not.
[2]
Homeowners' association. The open space may
be held in common ownership by a homeowners' association. This method
shall, at a minimum, be subject to all of the provisions for homeowners'
associations and such other provisions as may be required by the Town
Board.
[3]
Fee simple dedication. The town may, but shall
not be required to, accept any portion or portions of the open space,
provided that such land is freely accessible to the public, that there
is no cost involved and that the town agrees to and has access to
maintain such lands.
[4]
Dedication of development rights. The town may
accept, but shall not be required to accept, title to the development
rights or easements to any portion or portions of open space. In such
cases, the land shall remain in the ownership of the individual, condominium
or homeowners' association while the development rights are held in
public ownership.
[5]
Special park district. Application must be made
in a suitable form for establishment of a special park district. All
cost associated with establishment of such a district shall be borne
by the developer.
(e)
In any scheme involving private ownership and
maintenance of the open space system, provisions shall be made for
dedication to the town and for the formation of a special park district
at no cost to the town in the event that the system is not adequately
maintained as determined by the Town Board.
G.
Environmental design. A proposed plan shall demonstrate
sensitivity toward and minimum disruption of the microecology of the
site and its surroundings. Specifically:
(1)
Environmental quality of surrounding lands, air and
water shall not be degraded.
(2)
Trees, groves, waterways, scenic points, historic
sites and structures and other community assets shall be preserved.
(3)
Excessive grading and clearing of topsoil, trees and
natural features shall be discouraged.
(4)
Design and construction of improvements and structures
shall adequately control erosion, slippage, inundation and other environmental
effects.
H.
Utilities. Required utilities shall be provided in
accordance with applicable town, county and state regulations. Among
other actions, the developer shall:
(1)
Provide water and sanitary sewage disposal facilities
in accordance with Rensselaer County Health Department and New York
State Health and Department of Environmental Conservation requirements.
(2)
Make application in suitable form to the Town Board
for establishment of any special utility district, as may be required,
with the costs incurred in the establishment of such district(s) to
be borne by the developer.
(3)
Provide a water system and fire hydrants, as practicable,
designed to meet the minimum standards of the Recommended Water System
Design Standards of the Insurance Services Office of New York, Public
Protection Department, with modifications as recommended by the local
fire protection unit.
(4)
Provide adequate and decorative lighting for pedestrian
walkways, parking areas and streets.
K.
Transportation.
(1)
Nonvehicular (pedestrian and bicycle) modes shall
be the primary means of transportation within the PD and to the adjacent
community. There shall be a network interconnecting the PD community
and linking it to recreation, commercial, community and open space
facilities and to the adjacent community.
(2)
Relationship to major transportation facilities. A
PD district shall be so located as to be provided with direct access
to major streets, highways or other transportation facilities so as
to prevent the generation of traffic along minor streets in residential
neighborhoods.
L.
Public services. A full complement of necessary urban
services to accommodate the population in the planned development
shall be available or provided by the developer. Consideration shall
be given to the impact of the PD on the school district, the transportation
system and facilities, fire protection and the local tax structure.
Large-scale development in an area may have to be deferred until the
town can properly service such new growth.
A.
Whenever any planned development is proposed, before
any permit for the erection of any permanent structure in such planned
development shall be granted and before any subdivision plat of any
part thereof may be filed in the office of the Rensselaer County Clerk,
the developer or his authorized representative and the landowner(s)
shall apply for and secure approval of such planned development in
accordance with the procedures detailed in this Article.
B.
The procedure generally combines the Zoning Map amendment
procedure with the platting procedure of the subdivision process and
is designed to establish a means for:
A Planned Development District may only be established
in accordance with the following procedure:
A.
Prefiling conference. In order to allow the Planning
Board and the developer to reach an understanding on basic concepts
and design requirements prior to a detailed design and engineering
investment, the applicant or his representative shall meet informally
with the town's Director of Planning and Zoning and the Planning Board
to discuss the proposed development prior to the formal filing of
an application or preparation of a sketch plan. At this stage, the
Planning Board shall notify the Town Board of the prospective proposal
of a PD District.
B.
Sketch plan.
(1)
Based upon the concepts and design requirements developed
during the prefiling conference, a sketch plan shall be submitted
to the Director of Planning and Zoning at least 10 days prior to the
Planning Board's regular meeting. The sketch plan shall, though, clearly
show the following information:
(a)
The location of the various uses and their areas
in acres.
(b)
The general outline of the interior road system
and all existing rights-of-way and easements, whether private or public.
(c)
A description of the various residential areas
proposed, indicating for each such area the general extent, size and
composition in terms of the number of dwelling units, the percentage
by housing type (single-family detached, duplex, townhouse, garden
apartment, etc.) and a general description of the intended market
(luxury, middle-income, moderate-income, elderly, family units, etc.),
plus a calculation of the residential density in dwelling units per
gross acre (total area, including interior roadways) for each such
area.
(d)
The interior open space system.
(e)
The overall drainage system.
(f)
Principal ties to the community at large with
respect to transportation, water supply, sewage disposal and other
infrastructure.
(g)
A general description of the provision of, and
the demands to be placed on, other community facilities such as schools,
fire and police protection.
(h)
A location map showing uses and ownership of
all abutting lands.
(i)
Topography showing contour intervals of not
more than five feet.
(j)
A natural features overlay clearly indicating
types of vegetation, soils, natural drainageways and other significant
features, vistas, areas subject to flooding, areas of high erodability,
etc.
(k)
The location and proposed use of any existing
structures on property, including those which are historically significant.
(2)
In addition, the following documentation shall accompany
the sketch plan:
(a)
Evidence of how the developer's particular land
use or mix of land uses meets existing community needs as noted in
the form of specific studies or reports initiated by the developer
or in the form of references to existing studies or reports relative
to the project in question.
(b)
Evidence that the proposal is compatible with
the goals of the town's Comprehensive Plan.
(c)
A general statement as to how any common open
space is to be owned or managed.
(d)
If the development is to be staged, a general
indication of how the staging is to proceed.
(e)
Evidence of any sort in the applicant's own
behalf to demonstrate his competence to carry out the plan and his
awareness of the scope of the project, both physical and financial.
C.
Planning Board review of sketch plan.
(1)
The Chairman of the Planning Board shall certify when
all of the necessary application material outlined in this section
has been presented. The Planning Board shall then submit a report
to the Town Board within 60 days of such certification and furnish
a copy thereof to the applicant. This report shall approve, approve
with modifications or disapprove the sketch plan. If no report is
rendered by the Planning Board within 60 days, the applicant may proceed
as if a favorable report were given to the Town Board.
(2)
In its review, the Planning Board may seek the advice
and recommendations of a designated professional planner and initiate
coordination, as appropriate, with the Rensselaer County Bureau of
Planning, the County Health Department, the school district, the local
fire district and any other body or agency which the Planning Board
deems desirable or necessary. The Planning Board's reasonable expenses
for planning, engineering or other professional consultation shall
be chargeable to and reimbursable by the applicant.
(3)
A favorable report shall contain findings that the
proposal does or will, if modified as stated in such report:
(a)
Conform to the town's Comprehensive Plan.
(b)
Meet the intent and objectives of a planned
development as stated in this Article.
(c)
Meet the general criteria stated in this Article.
(d)
Achieve conceptual soundness in 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 and scale of its elements, individually
and to one another.
(e)
Provide adequate physical and human protective
services and utilities available or proposed to be made available
in the construction of the development.
(4)
If a plan is approved subject to modifications, such
modifications shall be fully set forth in the report. If the plan
is disapproved, the report shall clearly and fully state the reasons
therefor.
D.
Town Board action on sketch plan.
(1)
Upon receipt of a report from the Planning Board either
approving or approving with modifications a proposed sketch plan,
the Town Board shall set a date for a public hearing for the purpose
of considering PD districting for the applicant's plan in accordance
with the procedures established by the Town Law or other applicable
law for such rezoning. Such public hearing shall be conducted within
60 days of the receipt of a favorable report from the Planning Board.
(2)
If the Town Board grants the PD districting, the Zoning
Map[1] shall be so noted. The Town Board may, if it feels such
is necessary in its exercise of the police power, impose additional
requirements or conditions upon the plan for the applicant to meet
which may include, but shall not be limited to, visual and acoustical
screening, land use mixes, order of construction and/or occupancy,
pedestrian and vehicular circulation systems, availability of sites
within the area for necessary public services, protection of natural
and/or historic sites and other physical or social requirements.
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
(3)
Conventional use and bulk regulations for the PD are
replaced by the approved sketch plan, together with all modifications
made a prerequisite for approval and all additional requirements and
conditions imposed on the plan as further developed during final site
plan or plat approval, in accordance with the procedures set forth
in this Article.
(4)
If no application for site plan review is submitted
within the twelve-month period following the creation of the PD District,
the Town Board shall consider a Zoning Map amendment and may return
the zoning classification of the property to its former status.
A.
Application for approval of a preliminary site plan
or plat for a PD District shall be made to the Planning Board and
shall include the following information prepared by a licensed engineer,
registered architect and/or landscape architect:
B.
The Planning Board's consideration of the preliminary
site plan or plat shall include but not be limited to the following
considerations, as applicable:
C.
In its review, the Planning Board may consult with
the Town Engineer and other town and county officials as well as representatives
of appropriate federal and state agencies, including the Soil Conservation
Service and the Department of Environmental Conservation. The planning
and engineering consultants shall submit their reviews of the preliminary
site plan within 30 days of the receipt of the same from the Planning
Board. The Planning Board may require that the exterior design of
all structures be performed by, or under the direction of, a registered
architect whose seal shall be prominently affixed to the plans. The
Planning Board may also require such additional provisions and conditions
that appear necessary for the public health, safety and general welfare.
The Planning Board's reasonable expenses for planning, engineering
or other professional consultation shall be chargeable to and reimbursable
by the applicant.
D.
Within 45 days of the receipt of the application for
preliminary site plan or plat approval by the Chairman of the Planning
Board, the Planning Board shall conduct a public hearing, pursuant
to applicable statute. Within 90 days of its receipt, the Planning
Board shall act upon the application for preliminary site plan approval.
If no decision is made by the Planning Board within the ninety-day
period, the preliminary site plan shall be considered approved. The
decision shall be in the form of a written statement to the applicant
stating whether or not the preliminary site plan is approved, approved
with modification or disapproved. A copy of the appropriate minutes
of the Planning Board shall be a sufficient report, and if approval
with or without modifications is granted, the report should specify
the drawings, specifications and forms of performance bonds that must
accompany an application for final approval.
E.
The Planning Board's statement may be that of approval,
approval with modifications or disapproval and, as such, should include
recommendations concerning desirable revisions to be incorporated
in the final site plan, conformance with which shall be considered
a prerequisite of full approval. Such recommendation shall be limited,
however, to siting and dimensional details within general use areas
and shall not significantly alter the sketch plan as it was approved
in the rezoning to PD.
F.
If the preliminary site plan is disapproved, the Planning
Board's statement shall contain the reasons for such findings. In
such a case, the Planning Board may recommend further study of the
site plan to the Planning Board after it has been revised or redesigned.
A.
After receiving approval, with or without modification,
of the preliminary site plan or plat and approval for all necessary
permits from state and county officials, the applicant may prepare
a final site plan or plat and submit it to the Planning Board for
final review.
B.
If more than 12 months have elapsed between the time
of the Planning Board's report on the preliminary site plan or plat
and if the Planning Board finds that conditions have changed significantly
in the interim, the Planning Board may require resubmission of the
preliminary site plan or plat for further review and possible revision
prior to accepting the proposed final site plan or plat for review.
D.
The final site plan or plat shall conform substantially
to the preliminary site plan or plat that has received preliminary
site plan approval. It should incorporate any revisions or other features
that may have been recommended by the Planning Board and/or Town Board
at the time of preliminary review. All such compliances shall be clearly
indicated by the applicant on the appropriate submission.
E.
If no approved final site plan or plat for a PD District
is filed with the office of the County Clerk within a period of 30
months of approval of the preliminary site plan by the Planning Board,
the Town Board shall consider a Zoning Map amendment and may return
the zoning classification of the property to its status prior to its
rezoning to PD.
F.
Within 45 days of receipt of the application for final
site plan approval, the Planning Board shall render a decision to
the Director of Planning and Zoning. If no decision is made within
the forty-five-day period, the final site plan shall be considered
approved.
(1)
Upon approving an application, the Planning Board
shall endorse its approval on a copy of the final site plan and shall
forward it to the building inspector who may then issue a building
permit to the applicant if the project conforms to all other applicable
requirements and all fees and reimbursable costs have been paid to
the town.
(2)
Upon disapproving an application, the Planning Board
shall so inform the building inspector, and the building inspector
shall deny any requested building permits to the applicant. The Planning
Board shall also notify the applicant in writing of its decision and
the specific reasons for its disapproval. A copy of the appropriate
meeting minutes may suffice for this notice.
G.
If the applicant wishes to stage his development and
he has so indicated on the approved sketch plan, he may submit only
those stages he wishes to develop for site plan approval in conformance
with his approved staging plan. Any plan which requires more than
24 months to be completed shall be required to be staged, and a staging
plan must be developed. At no point in the development of a PD shall
the approved ratio of differing uses or nonresidential to residential
acreage or the dwelling unit ratios between the several different
housing types for that portion of the PD completed and/or under construction
differ from that of the PD as a whole by more than 20%.
H.
Other applicable regulations.
(1)
For the purpose of regulating the further development
and use of PD property after initial construction and occupancy, any
changes other than use changes shall be in the form of a special use
permit request to the Planning Board. Use changes shall also be in
the form of a special use permit request, except that in such instance,
Town Board approval shall be required. It shall be noted that the
properties located in mixed use Planned Development Districts are
unique and shall be so considered by the Town Board or Planning Board
when evaluating these requests. The maintenance of the intent and
function of the planned development shall be of primary interest.
(2)
Site plan review under the provisions of this Article
shall constitute the Planning Board's review of the subdivision under
applicable Town Land Subdivision Regulations,[2] subject to the following conditions:
(a)
The developer shall prepare sets of subdivision
plats suitable for filing with the office of the Rensselaer County
Clerk in addition to those drawings required by this Article.
(b)
The developer shall plat the entire development
as a subdivision; however, a Planned Development District being developed
in stages may be platted and filed in the same stages.
(c)
Final site plan review and approval shall constitute
final plat approval under the Town Land Subdivision Regulations. Provisions
of § 276 of the Town Law requiring that the plat be filed
with the County Clerk within 60 days of final Planning Board approval
shall apply.
I.
Financial responsibility. No building permits shall
be issued for construction within a planned development until necessary
improvements are installed or performance bonds posted in accordance
with the same procedure as provided for in § 277 of the
Town Law relating to subdivisions. Other requirements regarding performance
bonds may also be established from time to time by the Town Board.
J.
Fee. Application for approval of a Planned Development
District sketch plan shall be accompanied by a fee equal to that charged
under the Town's Land Subdivision Regulations for review of a similarly
sized major subdivision plat.
[Added 4-12-1990 by L.L. No. 1-1990]
The Planning Board may require an applicant
for any review, permit or approval to deposit in escrow an amount
established by the Planning Board to pay for the fees and/or costs
of any engineer, consultant or attorney designated by the Planning
Board to review such application. The fees and/or costs charged by
such engineer, consultant or attorney in connection with such review
will be charged against the sum deposited in escrow. Any amount remaining
shall be returned to the applicant within 45 days of final action
on the application.
