In Planned Development Districts (PDD), land
and buildings may be used for any lawful purpose in any districts
as authorized by the Town Board in specific instances. The purpose
of the PDD is to provide flexible land use and design regulations
through the use of performance criteria and land impact considerations
so that developments incorporating individual building sites, common
property, singular land use and/or mixed land uses may be planned
and developed as a unit. Where deemed appropriate, the Town Board
may consider a proposed planned development through an approval process
requiring a zoning district change from the original district to PDD,
in which the approved plan and a complete set of use and dimensional
regulations become the basis for continuing land use controls.
In order to carry out the purpose of this article,
a PDD shall achieve at least the following objectives. It shall:
A.
Work as a concentrated whole unit, being self-contained
and nonconducive to expansion outside its boundaries at a future date,
unless such expansion, when added to the original PDD, can act with
it to create a larger self-contained unit.
B.
Provide open space as an integral part of the plan.
C.
Provide convenient location of commercial and service
areas.
D.
Preserve trees, outstanding natural topography and
geologic features under legal option to purchase by the applicant,
who may be a single person, corporation or a group of individuals
or corporations. An application shall be filed by the owner or jointly
by the owners of all property included in a project. In the case of
multiple ownership, the approved plan shall be binding on all owners.
E.
Make creative use of land and related physical development
which allows an orderly transition of land from rural to more urban
uses.
F.
Make efficient use of land resulting in smaller networks
of utilities and streets and thereby lowering costs for construction,
maintenance and housing.
G.
Provide a development pattern in harmony with the
objectives of the Town and County Master Plans.
H.
Provide a more desirable environment for dwelling,
working and/or recreation than would be possible through the strict
application of the regulations in this chapter.
A.
Minimum area. Under normal circumstances, the minimum
area requirements for a PDD shall be five contiguous acres of land,
unseparated by existing streets, highways or other properties.
B.
Ownership. The tract of land for the PDD shall be
owned or under legal option to purchase by the applicant, who may
be a single person, corporation or a group of individuals or corporations.
The application shall be filed by the owner or jointly by the owners
of all property included in the PDD. In the case of multiple owners,
the approved plan shall be binding on all owners.
C.
Location. The PDD shall be applicable to any area
of the Town of Owasco where the applicant can demonstrate that the
characteristics of his holdings will meet the objectives of this article
and the spirit of this chapter. A PDD proposal must demonstrate compatibility
with the surrounding land uses, neighborhood character and traffic
pattern, capacity and volume.
D.
Permitted uses. The use of land and buildings in a
PDD may be for any lawful purpose as authorized by the Town Board
in accordance with the procedures of this article. The following general
uses, or combinations thereof, may be considered:
(1)
Residential uses. Residences may be a variety of types.
In developing a balanced community, the use of a variety of housing
types and densities shall be deemed most in keeping with the objectives
of this article, and the applicant shall demonstrate that he is reaching
as broad an economic market as possible.
(2)
Commercial, service and other nonresidential uses
in a primarily residential PDD. These uses may be permitted (or required)
where such uses are scaled primarily to serve the residents of the
residential PDD. Consideration shall be given to the project as it
exists in its larger setting in determining the appropriateness of
such uses. In no case shall more than 25% of the gross site area be
permitted for commercial uses, services or nonresidential uses other
than open space and nonprofit recreation.
(3)
Commercial uses. If designed and organized toward the purposes and objectives of this article, a PDD with commercial uses as the major land use may be approved. All proposed shopping centers in the Town shall be subject to approval through the PDD procedures. (See § 150-15B.)
(4)
Industrial uses. If designed and organized toward
the purposes and objectives of this article, a PDD with industrial
uses as the major land use may be approved. All proposed industrial
developments for the Town of Owasco shall be subject to approval through
the PDD procedures. Industrial uses shall not be permitted in combination
with any residential uses.
E.
Intensity of land use. Relatively high land-use intensity
or dwelling-unit density may be permitted if it is demonstrated that
a good overall dwelling, working and/or recreational environment is
thereby produced. In determining the suitability of land-use intensity
or dwelling-unit density proposed for a PDD, each case shall be considered
separately. Proposed land-use intensity ratings and/or dwelling-unit
densities shall be completely documented by all facts, opinions and
judgments used to justify the selection of the intensity rate or unit
density.
F.
Common property. Common property in a PDD is a parcel
or parcels of land, together with the improvements thereon, the use
and enjoyment of which is shared by the owners and occupants of the
individual building sites. When common property exists (and such may
be required), the ownership of such common property may be either
public or private; when common property exists in private ownership,
satisfactory arrangements shall be made for the improvement, operation
and maintenance of such common property and facilities thereon, including
but not limited to private streets, drives, service and parking areas,
open space and recreation areas.
A.
For full approval of a proposed PDD, the applicant shall secure a zoning district change for his property from its present district to a Planned Development District, which process shall be that of amending this chapter and the Zoning Map to include the proposed PDD plan and all the related specifications and use and dimensional regulations specific thereto; after the zoning district change, it shall be required that the subdivision and platting of all lands in the proposed PDD be subject to § 150-14 of this chapter; and before construction and occupancy of buildings or land, the proper permits shall be secured by the applicant in accordance with Article IX of this chapter.
B.
When any PDD is proposed, before any permit for erection
of a permanent building in such PDD shall be granted and before any
subdivision plat or any part thereof may be filed in the Cayuga County
Clerk's office, the applicant or his authorized agent shall apply
for and secure approval of such PDD in accordance with the following
specific procedures:
(1)
Preapplication discussion stage. Prior to formal application, the applicant shall present the proposed PDD to the Town Planning Board in rough sketch and written descriptive form to get the initial opinions concerning the suitability of the concepts and general elements of the development and to make sure the required procedures for the PDD application are fully understood by the applicant. In this stage, it is advised that most of the items in § 150-13B(2) be addressed at least in rough form by the applicant. No approval at this stage shall be considered binding.
(2)
Application for PDD zoning. Application for the establishment
of a PDD shall be made to the Town Board in plan (drawn to scale)
and written report form. Prior to the Town Board action, to ensure
that the proposed PDD is within the intent of the comprehensive planning
activities of the Town, the Town Board shall immediately after receiving
the application refer it, for the purpose of review and recommendations,
to the Town Planning Board, which shall have 30 days from its next
regularly scheduled meeting within which to report. As deemed appropriate,
either the Town Board or the Town Planning Board may submit the PDD
application to the Cayuga County Planning Board for an informal review.
As applicable in accordance with §§ 239-l and 239m
of Article 12-B of the New York State General Municipal Law, the Town
Board shall refer the PDD application for formal review and recommendations
to the Cayuga County Planning Board, which shall have 30 days or an
agreed-upon longer period from its next regularly scheduled meeting
within which to submit its report. If either Planning Board does not
report to the Town Board within the specified time period, their inaction
shall be construed as them having no recommendations.
(3)
Public hearing. Within 45 days after receiving a report
from the Town Planning Board, the Town Board shall schedule and conduct
a public hearing for the purpose of considering the change in zoning
district to PDD for the applicant's plan in accordance with the procedures
required under § 265 of the New York State Town Law.
(4)
Town Board action. Within 45 days after a public hearing,
the Town Board shall render its decision on the PDD application. If
the Town Board grants the PDD zoning, the Zoning Map shall be so notated,
and this chapter shall be amended in order to define the legal boundaries
of the PDD, but such action shall have the effect only of granting
permission for development of the specific proposed land uses in accordance
with the use and dimensional specifications, plans and related materials
filed with the Town Board and related to the specific PDD; such specification,
plans and related materials to include, if deemed necessary by the
Town Board to protect the public health, safety and welfare of the
Town, any conditions and requirements for the applicant to meet. The
approved plan and the related attachments shall be deemed an amendment
to this chapter and shall serve as continuing land use controls for
the specific Planned Development District.[1] The first such zoned PDD shall be designated "PDD 1,"
with subsequent unrelated Planned Development Districts to be numbered
in continuing sequence.
[1]
Editor's Note: Approved plans and related
attachments for specific PDD's are on file in the office of the Town
Clerk and may be examined there during regular office hours.
(5)
Annual review of PDD. During the development stages,
the Town Board shall review the PDD annually in order to determine
the amount and quality of the progress made by the developer toward
fulfilling the specifications and plans and any attached conditions.
Based upon the progress made by the developer, the Town Board may
reconsider the PDD and further amend this chapter in relation to it
if progress is not to the satisfaction of the Town Board or not in
keeping with the staging approved by the Town Board.
(6)
Minimum plan requirements. In order for the Town Board
to adequately evaluate the PDD proposal, the application, in its plan
and written report form, shall address the following areas, and the
information shall be furnished therein in a reasonably complete manner:
(a)
Project particulars, which shall include the
name and location of the project, name(s) and address(es) of the owner(s),
a legal description of the property and the names of the owners of
abutting properties.
(b)
Type of development: The type of development
shall be fully described, including at least the following information:
[1]
Residential: total acreage of residential area
and each residential portion of the development; total number of dwelling
units and number in each residential portion; percentage and number
of dwelling units by type (single-family, garden apartments, townhouses,
etc.); dwelling-unit density per gross site acreage; and the estimated
population of the development and estimated number of school-age children.
[2]
Commercial: total acreage of commercial area;
gross leasable floor area in square feet; and a general description
of commercial types and their general requirements for receiving and
delivering goods.
[3]
Industrial: the total acreage of industrial
area; types of industry and industrial processes involved; source,
type, general quantities and method of shipment for raw materials;
general quantities and method of shipment for products; and types
of wastes and residuals.
(c)
Staging of development: a description of the
plan and, in written report, of the planned staging of the project
(and such staging may be required).
(d)
Natural site: a description of the natural site
with at least the following information: soil characteristics and
limitations; extent of and treatment intended for the site's vegetative
cover, especially trees; topographical features, on a topographic
map at ten-foot contour intervals; existing and proposed site drainage;
foreseeable needs of the site for construction precautions; the projected
effects upon the ground- and surface waters of the site and community;
and possible air-pollution hazards.
(e)
Site planning and design considerations: descriptions
and illustrations of the following: site ingress and egress; parking;
on-site pedestrian and vehicular circulation; general landscaping
treatment; general location and arrangement of buildings and other
structures; refuse storage and removal facilities; locations of all
facilities, including public and private; and general visual description.
(f)
Transportation and traffic: descriptions of
at least the following: existing streets serving the area; level of
service provided by existing streets in terms of traffic counts and
street traffic capacities; expected modifications for existing street
systems required by project; estimated daily automobile trips generated
by the residential and other uses; availability of public transportation
to the site; and design considerations for deterring on-site and area
traffic congestion.
(g)
General market information: a description of
the need for the proposed land uses in their proposed locations and
their proposed quantities and the intended market structure for the
residential units (prices and rents; describe whether low-income,
middle-income, luxury, etc.).
(h)
Projected fiscal impacts on the Town: calculations
of projected Town revenues and costs to be expected by the Town as
a result of the proposed development.
(i)
Utilities and related services: a description
of the following and details of their intended locations on the plan(s):
the method and projected quantities of wastewater (sewage) from the
development; demand and source of supply for water; level of service
needed and available for fire protection; demands for and availability
of gas and electricity; and projected quantities of and method of
disposal for solid wastes.
(j)
General effects of development on neighborhood
and community appearance and land use: a description of the effects
on the appearance and the relationship of the project to predominant
character and land use in the area (compatibility).
(k)
Relationship of proposed PDD to official Town
and county development policies: information on how the proposed PDD
relates to the local and area-wide goals and policies as stated in
plans and regulations.
(l)
Development, operation and maintenance of open
space and common properties: a general statement concerning the responsibility
for these and proposed methods for their implementation.
(m)
Developer competence: evidence in the applicant's
behalf to demonstrate his competence to carry out the plan and his
awareness of the scope of the project, physical and financial.
(n)
Other: any other such information as the Town
Board deems to be reasonably pertinent to the adequate consideration
and evaluation of the proposed project.
If any portion of a PDD property is intended
for sale or other form of transfer, whether immediate or future, the
development shall be considered a subdivision of land and shall be
subject to the Subdivision Regulations of the Town of Owasco.[1] Where the requirements and the specifications of the Subdivision
Regulations are in conflict with the PDD plan approved by the Town
Board, the approved plan shall take precedence.
The following uses shall be permitted in the
Town of Owasco only in accordance with the procedures of this article;
and, in addition to the other provisions of this article, the following
requirements shall apply to the specific planned developments:
A.
Mobile home park, subject to the following provisions:
(1)
A mobile home park shall comprise an area of not less
than 10 acres, and no mobile home office or service building shall
be closer than 100 feet to any street, road or highway line nor closer
than 100 feet to any property line.
(2)
A mobile home park shall be located on a well-drained
site suitable for the purpose.
(3)
A mobile home park shall have an internal street system
adequate for access of each mobile home lot. All parks shall have
access from two points along a street, road or highway, or, if bordering
on two street roads or highways or combinations thereof, access may
be one from each. Access points shall be separated by at least 100
feet. The surfaces of all streets in a mobile home park shall be paved.
(4)
The total number of mobile home lots shall not exceed
six per gross acre.
(5)
Mobile home parks accommodating or capable of accommodating
25 or more mobile homes shall have at least one recreation area of
at least 8% of the gross site area of the mobile home park.
(6)
All utility lines, including water, sewer, electric
and telephone, shall be installed underground.
(7)
A mobile home park shall have buffer strips along
the margins of the front, side and rear property lines, provided that
such buffer strips shall not interfere with the vision of motorists
at intersections and the access points for the mobile home park; and
such buffer strips shall be at least six feet in depth and shall consist
of interlocking trees and foliage acceptable to the Town Board and
subsequently to the enforcement officer.
(8)
Suitable landscaping, including at least lawns and
plantings, shall be installed and maintained in all mobile home parks.
(9)
A sufficient supply of pure, healthful drinking water
approved by the Cayuga County Health Department or such Health Department
having jurisdiction shall be provided in a mobile home park. If the
water is from a private source, periodic tests shall be made as requested
by the Cayuga County Health Department or other such agency having
jurisdiction.
(10)
Sewage from each mobile home shall be removed
into a public sewer system approved by the Cayuga County Health Department
or other such agency having jurisdiction or into a private sewer system
with disposal plant or septic tank approved by the same Health Department.
(12)
Storage space within a permanent, enclosed structure
shall be provided in an amount equal to at least 100 square feet for
each mobile home in the mobile home park.
(13)
One garbage receptacle of metal with a tight-fitting
cover shall be provided for each mobile home, and one large metal
receptacle for trash shall be provided for every two mobile homes.
These receptacles shall be kept in sanitary condition and emptied
weekly by the licensee or his agent.
(14)
Individual mobile home lots in a mobile home
park shall have an area of not less than 6,000 square feet with a
minimum width of 60 feet.
(15)
No mobile home or portion thereof shall be placed
closer to any other mobile home or building or portion thereof than
35 feet.
(16)
The approach area to each entrance of a mobile
home or addition thereof shall have the minimum dimensions of 4 feet
by 8 feet with construction of concrete, crushed stone, cinderblock,
flagstone or equivalent, such to provide for a reasonable dry surface.
(17)
Each mobile home shall be placed upon a reinforced
pad with minimum dimensions of the size of the mobile home.
(18)
Parking spaces shall be provided at the rate
of at least two car spaces for each mobile home, plus an additional
car space for each four lots.
(19)
Each mobile home shall be provided with skirting
of attractive, fireproof material. The entire base of the mobile home
shall be enclosed, and a three-foot door panel shall be provided in
the skirting to permit access.
(20)
No addition to a mobile home shall be constructed
which would increase the living floor space of that mobile home. Additions
for the purposes of storage space, protection from sun and weather
or other similar purpose, including but not limited to awnings, covered
patios and carports, may be permitted only upon approval of the park
operator and the enforcement officer.
B.
Shopping center. A shopping center is comprised of
a group or groups of integrated structures designed as an architectural
unit within which retail trade and related service activities shall
wholly be conducted in an enclosed building; planned, developed, owned
and managed as a unit; subject to the following provisions:
(1)
The minimum lot size for such use shall be 10 acres.
(2)
Off-street parking space shall be provided in an amount
of at least 5.5 parking spaces per 1,000 square feet of floor area
in the building(s).
(3)
Along any adjoining lot line, a buffer strip shall
be provided which shall not be less than 25 feet in thickness and
shall be planted with at least grass, shrubs and trees (to attain
an average height of at least 12 feet) along the entire length of
the lot line to serve as a barrier to visibility, airborne particles,
glare and noise. Such screen planting shall be located within at least
the exterior 10 feet of the buffer strip.
(4)
All parking, loading, access and service areas shall
be adequately illuminated at night. Such lighting, including sign
lighting, shall be arranged in order to protect the highway and adjoining
property from direct glare or hazardous interference of any kind.
(5)
All utility lines servicing a shopping center shall
be placed underground.
(6)
A shopping center shall have its frontage on a state
or county road, and ingress and egress for the site shall be designed
so as not to constrict the flow of traffic on the public road.
C.
Golf course and country club, subject to the following
provisions:
D.
Multiple-family dwellings, subject to the following
provisions:
(1)
Lot area. Any parcel of land development under the
terms of this chapter shall contain a total minimum lot area of five
acres with a width of not less than 400 feet at the building setback
line and street line.
(2)
Density. The overall density of occupancy in any permitted
multiple-family dwelling development shall not exceed four dwelling
units for each acre of lot area.
(3)
Floor area. A minimum of 1,200 square feet of floor
area shall be required for each dwelling.
