[Added 11-13-2006 by L.L. No. 10-2006]
A.
Statement of intent and objectives.
(1)
It is the intent of this Planned Development
(PD) District to provide performance criteria in the context of flexible
use and design regulations so that mixed-use neighborhoods may be
developed, incorporating a variety of residential, business, and general
community facilities, and containing both individual building sites
and common property which are planned and developed as a unit. The
PD District is a floating zone that may be affixed to parcels by the
Board of Trustees as provided below.
(2)
Where planned development techniques are deemed
appropriate, the designation of land as a Planned Development District
by the Village Board supersedes the use and dimensional specifications
contained elsewhere in this chapter in which an approved plan becomes
the basis for permanent land use controls for the designated parcel.
Planned development has been identified in the Comprehensive Plan
of the Village of Maybrook as an important tool to achieve the community
objectives of the Village and may be applied to the remaining vacant
areas of the Village and areas to be annexed into the Village located
east of Route 208.
(3)
Among the objectives to be achieved through
use of the planned development technique are the following:
(a)
The creative use of land to establish a more
desirable living environment than would be possible through the strict
application of other sections of this chapter.
(b)
The preservation of water bodies, wetlands,
steep slopes, hilltops, ridgelines, major stands of trees, outstanding
natural topography, significant geological features and other areas
of scenic and ecological value and the prevention of soil erosion
and the minimization of flood hazard.
(c)
Innovation, flexibility and variety in the type,
design and layout of mixed-use development living environments.
(d)
The maximum provision of community, recreational
and other service facilities as integral parts of newly constructed
residential communities.
(e)
A development pattern in harmony with the planning
objectives of the Village and its Comprehensive Plan.
B.
Development standards and general requirements.
(1)
Use and density standards.
(a)
Minimum site area. The minimum site area required
for a planned development shall be 10 contiguous acres.
(b)
Ownership. The land proposed for a planned development
may be owned by one or more persons or corporations but shall be combined
into a single contiguous parcel of land at or prior to the time of
approval of the application to the Village Board. The application
shall be jointly made by all record owners, and requirements of approval
shall be imposed jointly and severally on all of them.
(c)
Permitted principal uses:
[1]
Single-family detached dwelling units, commercial,
retail and general community facilities and public uses.
(d)
Permitted accessory uses:
[1]
Accessory uses as permitted elsewhere in this
chapter for principal uses allowed in the PD.
[2]
Other accessory uses related to the planned
development and subordinate to the principal use, including but not
limited to storage and maintenance buildings, recreation buildings
and uses, clubhouses, management offices and utility structures serving
the planned development,
[3]
Common dining, laundry, security and housekeeping
facilities, principally for the use of residents, in conjunction with
dwelling units occupied as independent-living facilities.
(e)
Residential density and standards.
[1]
Residential density. Approval by the Board of Trustees of a parcel for development pursuant to this PD article shall be limited to density of residences in such PD to one dwelling unit per acre, notwithstanding the density provided for by the underlying zoning district of the parcel as shown on the Official Zoning Map, and such density shall be further subject to the constraints enacted as Chapter 196, Wetlands and Watercourses, Chapter 164, Steep Slopes, and § 210-3C(4), Density calculations, of this Code. The Board may authorize a conservation subdivision plan that does not exceed the maximum residential lot count attainable by the above formula.
[2]
Building types. The type of residential dwelling
units permitted by a planned development shall be detached, single-family
residences and shall be subject to the conditions set forth below.
[3]
Landscaped open spaces.
[a]
Landscaped open spaces or open
areas left substantially in their natural state shall be provided
at a ratio of not less than 500 square feet of open space for every
bedroom proposed in the planned development. This open space shall
be in addition to required watercourse, wetland and steep slope set
asides that apply to the specific property and plan.
[b]
A portion of the open space may
be required for active recreational uses for the residents and guests
of a planned development. The size, shape, access, location, buffer
and uses of such area shall be determined during planned development
review, site plan review, or both.
[4]
Distance between principal buildings. At a minimum,
the distance between principal buildings shall be not less than the
average height of principal buildings; except that, when principal
buildings are single-family detached dwellings, the distance between
principal buildings shall be no less than 30 feet.
(f)
Business and general community facilities.
[1]
Uses. The uses allowed in the Village B-SC District
shall be allowed in the Planned Development Districts in such locations
as are approved by the Village Board from time to time, and, in addition,
veterinarian facilities and health clubs shall be permitted.
[2]
Density. The density shall be as permitted in
the B-2 District.
[3]
Arrangement of uses. Business and commercial
facilities shall be located and arranged to encourage development
of a neighborhood center for the use of Village residents.
[4]
Access. Convenient and practical access shall
be provided to the neighborhood center for all Village residents by
use of roads, sidewalks, bicycle paths, decorative lighting and other
design elements.
(g)
Buffer areas.
[1]
A buffer area shall be provided along the boundaries
of the planned development, including all street lines. The buffer
shall be a minimum of 50 feet in depth. The buffer shall consist of
natural vegetation augmented with approved grasses and shrubs, trees
and other elements. No parking area and no principal or accessory
building or use shall be located in the buffer area, but accessways
serving the planned development shall be permitted through buffer
areas.
[2]
Increased perimeter setbacks beyond that required
above may be required whenever it is determined that they are warranted
by the topography, the nature of the existing vegetation or the relationship
to and impact on neighboring properties and uses.
(h)
Off-street parking and loading. Off-street parking and loading shall be provided in accordance with the ratios established in Article V of this chapter.
(i)
Design considerations. The following design
elements shall be considered by the Planning Board in addition to
the specific provisions of the land subdivision regulations and the
factors examined in the development plan review:
[1]
Visual screening between adjoining residential
yards and between residences and nonresidential areas shall be designed
for residents of the planned development through the proper design
of rear yards and/or patio spaces. Proper screening through the use
of vegetation, fencing and partially or fully enclosed porches and
patios and shall be provided.
[2]
Buildings and accessory structures shall be
set back a minimum of 25 feet from any street intended to carry through
traffic.
[3]
Side yards shall be wide enough for a twelve-foot-wide
driveway to provide access to a garage and required parking in the
rear yard.
[4]
Garage door openings should not be located on
the front wall of a residence facing a street.
[5]
Streets shall be designed with a thirty-foot
width of pavement to permit alternate-side parking without encroaching
on the traveled area of the street or the yards of the residences
on the street and shall have concrete or stone curbs.
[6]
Cluster design is encouraged and may be required
by the Planning Board.
[7]
The approval shall set architectural guidelines
to reflect the character of the Village and its neighborhoods in the
PD. Such details shall include the use of suitable building materials,
paving materials, lighting fixtures, windows, fencing styles and sign
designs. Commercial signs illuminated from inside of the sign and
exterior neon signs are not permitted in PD developments.
(2)
Common areas.
(a)
A common area in a planned development is a
parcel or parcels of land, together with all improvements thereon,
the use and enjoyment of which shall be preserved by a right and easement
of use and enjoyment thereto, which right and easement shall be appurtenant
to and pass with the title to each dwelling unit, whether such title
be in fee simple absolute or represented by shares in a cooperative
organization. If any portion of land comprising the common property
is being used by a membership club, such use by such membership club,
including nonowner/nonoccupant members thereof, may be permitted,
provided that owners and occupants of the individual dwelling units
are eligible for admittance to the membership club on an equal basis
and status and subject to the same dues requirements.
(b)
Homeowners' association. Where common areas
exist, the ownership, maintenance and preservation of such property
shall be permanently assured to the satisfaction of the Village Board
by the filing of appropriate easements, covenants and restrictions
and through a private land trust or association of all property owners
(hereafter "homeowners' association" or "HOA") established in accordance
with applicable law and pursuant to the following requirements:
[1]
The HOA certificate of incorporation, the bylaws
and the organization's declaration of restrictions shall be submitted
to the Village Attorney and the Planning Board for approval before
final site plan approval may be granted. They shall clearly provide:
[a]
That the HOA will be responsible
for all insurance, taxes, governmental assessments, utility costs,
maintenance, operation, repair and the management of the common areas,
including recreational facilities and other amenities.
[b]
That a capital reserve fund for
future major maintenance and repairs will be created.
[c]
That homeowners will be guaranteed
the right to participate in the management of the HOA before they
assume majority control thereof.
[d]
That the assessments levied by
the HOA against each unit owner will be determined by taking into
account actual costs of insurance, maintenance, management, taxes
and other governmental and utility assessments.
[e]
What the initial developer's contribution
will be and how it is to be calculated through the time of homeowner
control.
[f]
That the assessments should at
all times be accurate reflections of all costs referable to the common
property.
[g]
That membership in the HOA will
be mandatory for all unit owners within the planned development.
[h]
That the assessments levied by
the HOA which are unpaid in excess of 60 days shall become both a
lien on individual title and a personal obligation against the unit
owner.
[2]
The HOA must be formed prior to the issuance
of a building permit for the first dwelling unit. The HOA must be
formed pursuant to the applicable regulations promulgated by the New
York State Attorney General's Office, as set forth herein. The HOA
must be formed as either a homeowners' association pursuant to Title
13 of the New York Codes, Rules and Regulations, Part 22; a condominium
pursuant to Title 13 of the New York Codes, Rules and Regulations,
Part 20; or a cooperative pursuant to Title 13 of the New York Codes,
Rules and Regulations, Part 21. All requirements in this chapter for
HOAs shall be equally applicable to homeowners' associations, condominiums
and cooperatives.
[3]
Where there is to be a lease of any portion
of the common areas, it must be submitted for approval to the Village
Board, which will examine the relationship of the lease to the HOA
with regard to rights of use and access by the unit owners in and
to the common areas.
[4]
The developer shall convey unencumbered title
to the common property in fee simple absolute to the HOA when the
first unit is conveyed and shall send a copy of the recorded common
property deed to the Village Board.
[5]
The developer shall transfer control of the
HOA to the unit owners no later than the earlier of three years after
the conveyance of the first unit or after 50% of the units are conveyed.
[6]
The HOA shall not be dissolved.
[7]
The HOA shall not dispose of or convey any common
areas for any uses other than those specified in the approved planned
development site plan and as amended.
(c)
Planned development deed restrictions.
[1]
The developer shall, prior to final approval
and as a condition thereof, designate common areas. The common areas
shall consist of all land in residentially developed areas which is
not to be developed as residential units. Such areas shall include
but not be limited to all roadways, recreation facilities, common
accessways, buffer zones and open space areas within the planned development
and shall be duly noted as such on the site plan map filed prior to
site plan approval, which map shall also include a separate listing
of all site plan approval conditions. The filed map shall be referred
to by its filing number in the deed restriction and incorporated by
reference therein.
[2]
As a condition of approval, the Village Board
shall require that any deed granted by the developer with respect
to the residential units in the planned development shall contain
a clause or clauses which create permanent rights of use and enjoyment
in the designated common property and easements for the same which
shall be appurtenant to each unit and benefit the owners thereof.
[3]
In addition, each deed granted by the developer
shall contain a restrictive covenant, in recordable form satisfactory
to the Village Attorney, restricting the disposal or conveyance of
the common property for any purpose other than those specified in
the approved planned development site plan. The covenants as set forth
above shall inure to the benefit of each individual purchaser of a
residential unit within the planned development and shall further
name the Village as third-party beneficiary for enforcement purposes
and shall prohibit the extinguishment of said covenants.
[4]
The Village's emergency maintenance rights in
and to the common property as described herein shall also be included
in the deed restriction.
[5]
All mortgages, leases and similar encumbrances
on the common property shall be subordinate to the deed restrictions
and shall be reviewed by the Village Attorney to assure that they
are actually subordinate thereto. In order to facilitate this review,
the developer shall submit a full title report on the premises to
the Village Attorney when the site plan application is submitted.
[6]
Prior to final site plan approval, the developer
shall file a separate declaration of restrictions, thus encumbering
the common property in the planned development coincident with final
site plan approval and prior to any development thereon. In the event
that the developer is a contract vendee for all or part of the site,
such declaration of restrictions shall be filed simultaneously with
the title closing on the site or part thereof.
[7]
The permanent rights of use and access and the
restrictive covenants described herein shall run with the land, and
no site plan shall be approved without the prior approval of the language
and form of all documents describing such rights, covenants and restrictions
by the Village Board.
(d)
Village's emergency maintenance rights.
[1]
In the event that the HOA established to own
and maintain common property, or any successor organization, shall
at any time after establishment of the planned development fail to
maintain the common property in reasonable order and condition in
accordance with the plan, the Village may serve written notice upon
such organization or upon the residents and the owners of the planned
development, setting forth the manner in which the organization has
failed to maintain the common property in reasonable condition, and
said notice shall include a demand that such deficiencies of maintenance
be cured within 30 days thereof and shall state the date and place
of a hearing thereon which shall be held within 14 days of the notice.
At such hearing, the Village may modify the terms of the original
notice as to the deficiencies and may give an extension of time within
which they shall be cured. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be cured within said
30 days or any extension thereof, the Village, in order to preserve
the taxable values of the properties within the planned development
and to prevent the common property from becoming a public nuisance,
may enter upon said common open space and maintain the same for a
period of one year. Said entry and maintenance shall not vest in the
public any rights to use the common open space except when the same
is voluntarily dedicated to the public by the residents and owners
and accepted by the Village Board after public hearing thereon. Before
the expiration of said year, the municipality shall, upon its initiative
or upon request of the organization theretofore responsible for the
maintenance of the common property, call a public hearing upon notice
to such organization or to the residents and owners of the planned
development to be held by the Village, at which hearing such organization
or the residents and owners of the planned development shall show
cause why such maintenance by the Village shall not, at the election
of the Village, continue for the succeeding year. If the Village shall
determine that such organization is ready and able to maintain said
common property in reasonable condition, it shall cease to maintain
said common property at the end of said year. If the Village shall
determine such organization is not ready and able to maintain said
common property, it may continue to maintain said property for the
next succeeding year, subject to a similar hearing and determination
in each year thereafter.
[2]
The cost of such maintenance by the Village
shall be assessed, equally, against the properties within the planned
development that have a right to enjoyment of the common property
and shall become a tax lien on said properties. The municipality,
at the time of entering upon said common property for the purpose
of maintenance, shall file a notice of such lien in the office of
the County Clerk upon the properties affected by such lien within
the planned development.
(3)
Site and structure requirements.
(a)
Natural features, such as streams, rock outcrops,
topsoil, trees and shrubs, shall be preserved or replaced and incorporated
in the landscaping plan of the development.
(b)
Where adequate surface drainage is not possible
by grading alone, a supplementary drainage system, approved by the
Village, shall be required.
(c)
To improve the quality of the environment and
to reduce inconvenience during bad weather, all electrical and telephone
distribution lines shall be installed underground.
(d)
Where minimum lot size or frontages, building
dimensions, shape and location and maximum percentage of coverage
are not specified herein, the standards set in this chapter for comparable
uses, and in accordance with good planning practices, shall be used
to the extent that the resulting development shall be compatible with
the surroundings and to assure the stability of the uses proposed
to be developed on the site.
(e)
The right-of-way and pavement widths for internal
roads shall be determined from sound planning and engineering standards
to be adequate and sufficient in size, location and design to accommodate
the maximum traffic, parking and loading needs and the access of fire-fighting
equipment and police or emergency vehicles. The pavement of said roads
shall be not less than 30 feet wide. All streets shall be subject
to all other applicable Village ordinances.
(f)
The developer shall provide all necessary fire
hydrants, refuse disposal facilities, water and sewer facilities,
storm drainage, paved road access, paved parking and loading facilities
and off-street lighting, making reasonable provision for utility service
connections with adjoining properties in other ownerships.
(g)
Parking and loading areas, refuse disposal facilities
and other accessory uses within the planned development shall be located
so as to be compatible with nearby residential uses. Such uses shall
be adequately screened and buffered where adjacent to residential
development.
(h)
All utilities and drainage facilities shall
be built to the approval of the Village Engineer and Code Enforcement
Officer.
C.
Performance guaranty. The Planning Board shall require
that public improvements, recreational facilities and landscaping
be secured by a performance guaranty in the same manner as prescribed
in the Village subdivision regulations, or as the Planning Board may
require. Provision shall be made to secure the maintenance of landscaping
by the HOA and approval and successors in interest.
D.
Application procedure and approval process.
(1)
Application for PD floating zone to be applied
to a parcel. Petition for the PD overlay to be applied to a parcel
shall be made to the Village Board with a sketch plan illustrating
the general layout and mix of uses. The Village Board may, upon receipt
of said petition, refer the planned development petition to the Planning
Board for a report and recommendation.
(2)
Application for sketch plan approval. In order
to allow the Village Board and the developer to reach an understanding
on the basic use mix, density and layout, the sketch plan of the proposal
shall meet the following criteria:
(a)
The sketch plan shall be drawn to scale and
shall include all items listed below:
[1]
The disposition of various land uses and the
areas covered by each, in acres.
[2]
The outline of the interior road system of all
existing and proposed rights-of-way and easements, whether public
or private.
[3]
Delineation of the various use areas, indicating
the number of dwelling units and bedrooms by each housing type and
the floor area of business and general community facilities.
[4]
The interior common open space system and a
statement as to how said system is to be preserved as such throughout
the life of the planned development and how it is to be owned and
maintained.
[5]
An illustrative site plan, indicating the relationship
between the proposed road system, parking lots, buildings and open
spaces.
[6]
The proposed water, storm and sanitary sewer
systems and how they are proposed to be connected to the system of
adjoining areas.
[7]
Environmental characteristics of the planned
development, including topography, areas of slope in excess of 20%,
soils, rock outcrops, streams, swamps, lakes, ponds and other wetlands
and all proposed alterations of said environmental characteristics.
[8]
Calculation of steep slopes, wetlands and watercourses and density calculation as noted in Subsection B(1)(e).
[9]
Estimates of the school-age population, and
the possible allocation of school children to existing and any proposed
schools.
[10]
Estimates of peak-hour traffic
generation derived from the proposed development and its relation
to surrounding development and its relation to surrounding roads and
intersections, including design elements to mitigate traffic impacts.
[11]
If the development is to be phased,
a clear indication of how the phasing is to proceed. The sketch plan
shall show each phase of development with the dates of anticipated
commencement and completion of the same. The site plan shall set forth
the finalized phases with dates.
[12]
Evidence of how the proposal would
be consistent with the official planning objectives of the Village.
(c)
The Planning Board shall render a report to
the Village Board. The Planning Board may, at its discretion, recommend
modifications of the sketch plan to the Village Board.
(d)
The Planning Board shall submit its report within
30 days of receipt of a complete petition, unless, within such 30
days, the Planning Board shall determine that, by reason of complexity
of the questions presented or like considerations, an additional period
of time, not exceeding 30 days, is reasonably required for the proper
evaluation thereof.
(e)
A favorable report shall be based on the following
findings, which shall be included as part thereof:
[3]
The proposal is conceptually sound in that it
meets a community need and it conforms to desirable design principles
in the layout of the proposed roadway system, in the land use configuration,
open space and drainage system and in the scale of the elements, both
absolute and as they relate to one another;
[4]
There are adequate public facilities, services,
utilities and road access available for the development.
(f)
An unfavorable report shall state clearly the
reasons therefor and, if appropriate, recommend changes to be put
in the plan.
(g)
The Village Board may then determine, on its
own initiative, whether or not it wishes to proceed to a public hearing.
(3)
Village Board action on the petition for a Planned
Development District overlay designation.
(a)
Upon receipt of the report from the Planning
Board, the Village Board may set a date for and conduct a public hearing
for the purpose of considering an amendment to the Zoning Map to apply
the PD overlay district designation to the subject property. A public
hearing shall be conducted within 45 days of the receipt of the report,
if the Board of Trustees elects to proceed with consideration of the
petition.
(b)
The Village Board shall refer the petition to
local, state, county, regional and federal agencies having jurisdiction
for their review.
(c)
The Village Board shall approve or disapprove the petition in accordance with the provisions of Article IX of this chapter, in the form of a local law.
(d)
The Village Board, in its discretion, may impose
reasonable conditions on an approved planned development as necessary
to assure conformance of the planned development with the intent and
objectives of the planned development regulations.
(e)
The approved planned development shall be shown
on the Zoning Map of the Village of Maybrook, New York.
(4)
Conditions regarding planned development approval.
The development of the planned unit development shall be conditioned
upon the following:
(b)
Compliance with all conditions and requirements
as may be set forth by the Village Board in its granting of the planned
development petition.
(c)
It shall be a condition of approval of all planned
developments, whether stated or not, that if a complete application
for site plan approval is not presented to the Planning Board for
approval within six months of the date of approval of the planned
development designation or if no development is initiated on the site
within 12 months of the date of approval of the planned development
site plan by the Planning Board, the zoning of said parcel shall revert
back to the zoning of said parcel prior to its change to a planned
unit development.
(d)
Section III of the Land Subdivision Regulations
of the Village of Maybrook is hereby incorporated into this article.
