It is the purpose of the Planned Waterfront Development District
(PWDD) to encourage a mix of water-dependent and enhanced uses which
benefit from or take advantage of proximity to the river. Development
of these uses will be subject to standards and a review process which
provide that environmental features, including steep escarpments and
ravines, wetlands, riverflats and indigenous vegetation, are protected
and that opportunities for public access to the riverfront are retained
and enhanced. It is also intended that landowners be provided with
the ability to develop such a planned use development as an incentive
for providing public access and amenities to and along the river.
This article is adopted under the authority of the Municipal
Home Rule Law and Article 42 of the Executive Law, entitled the "Waterfront
Revitalization of Coastal Areas and Inland Waterways Act."
In addition to the powers and duties conferred upon the Planning
Board pursuant to Article 16 of the Town Law, § 27-a of
the Town Law is superseded to empower the Planning Board to review
and approve, disapprove or approve with modifications designs and
plans for a planned use development within the PWDD.
In conducting its review of the proposed planned unit development,
the Planning Board shall be guided by the same considerations applicable
in the case of site plan review, as well as the Local Consistency
Law and the Town of North Greenbush Local Waterfront Revitalization
Program.
The district shall include all lands within the Town between
the eastern shore of the Hudson River and the 150-foot contour line
or a line 2,000 feet from the eastern shore, whichever is closest
to the shoreline. The Official Zoning Map shall be amended in accordance with this article to clearly
demarcate the district.
In addition to the criteria set forth in §
197-61, the following criteria shall apply to uses listed in §
197-102B above:
A. All uses permitted subject to a special permit shall comprise no
more than 20% of the gross occupied floor area on the site at any
time.
B. Any use not specifically listed as permitted by right shall only
be allowed upon a finding that is integrally related to other site
uses, consistent with the purpose of this district and conforms to
the schematic master plan for the site and the Town's Local Waterfront
Revitalization Program.
No site plan shall be approved for any uses which will result
in cumulative development in the district exceeding 5,000 square feet
of floor area or 25 parking spaces until the following actions have
been completed:
A. A schematic site master plan has been prepared for the entire site held in single ownership on the effective date of this article, indicating the approximate size, height and location of structures, systems of vehicular and pedestrian circulation and parking, the location and general character of open space and recreation facilities and the general design and location of utility systems. The purpose of the schematic master plan is to provide a sufficient basis for evaluation of potential environmental effects as required in Subsection
B below; it is not intended to be a detailed design nor an approval action by the Town, but, rather, to establish the basic parameters within which future detailed design and development will take place.
B. A generic environmental impact statement (GEIS) shall have been prepared
based on the schematic site master plan and, along with the requirements
of SEQRA and its regulations, shall include the following elements:
(1)
An analysis of the impact on the wetlands and wildlife habitats,
including plans to restore and/or enhance existing features, and measures
to mitigate identified impacts.
(2)
Analysis of the visual impact of development as viewed from
the Hudson River and the opposite shore.
(3)
Evaluation of the impacts of site disturbance, drainage patterns,
erosion protection measures and site maintenance and usage on water
quality in the river.
(4)
Analysis of the impacts of road construction, drainage improvements
and vegetation removal on the unstable soils of the steep slopes above
the river and mitigation measures to prevent adverse impacts.