A.
The purpose of the planned unit development classification is to
provide for the rezoning of land to senior housing or handicapped
housing developments, residential and/or commercial uses, either jointly
or separately, in conformance with provisions and standards which
ensure compatibility among all the land uses, foster innovations in
site planning and development and encourage sound design practices.
Provision is included for Planned Development Districts to permit
establishment of areas in which diverse uses may be brought together
in a compatible and unified plan of development which shall be in
the interest of the general welfare of the public. In planned unit
developments, land and structures may be constructed and used for
any lawful purpose in accordance with the provisions set forth herein.
B.
Except as otherwise provided by this chapter, no building or structure
or land shall be used nor shall any building or structure be built
or altered in a Planned Development District PD, except for the purposes
specified in the following sections.
In a Planned Development District PD, permitted uses, buildings
and other structures shall be as follows:
A.
General. Provision for Planned Development Districts is included herein to permit the establishment of areas in which diverse uses may be brought together in a unified plan of development. In Planned Development Districts, land and buildings may be used for any purpose, residential or commercial as permitted elsewhere in this chapter when approved of by the Village Board as per § 120-46.
B.
Size of district. The minimum size of a Planned Development District
shall be 25 acres, except, however, an application for a senior housing
or handicapped-person housing development shall have a minimum lot
size of six acres.
D.
Standards for senior or handicapped housing shall be:
(1)
The total building area, including accessory buildings, shall not
occupy more than 40% of the total lot area. Accessory buildings shall
not occupy more than 5% of the total lot area.
(2)
The maximum density shall be four dwelling units per acre.
(3)
The minimum habitable space shall be 600 square feet for apartment
units and 650 square feet for single-family attached dwellings. Each
dwelling unit shall contain at least one bedroom.
(4)
Building height shall not exceed 35 feet.
(5)
Buildings or portions thereof shall be set back from property lines
a minimum of 50 feet in front and 50 feet in the side and rear yards.
(6)
Driveways and interior roadways shall not be closer than 20 feet
to the property lines except for entrances and exits.
(7)
Parking area location shall be approved by the Planning Board of
the Village of Nassau as part of its site plan review.
(8)
On-site parking shall be provided at a rate of not less than 1 1/2
parking spaces for each unit.
(9)
A minimum of 10% of the parking area shall be landscaped with trees,
grass, shrubs or other planting material. A complete landscaping plan
indicating all proposed planting shall be part of the site plan review
process.
(11)
No business or commercial establishments shall be permitted,
except coin-operated vending and/or service machines, for the benefit
of the tenants with a total area thereof not to exceed 500 square
feet.
(12)
Additional site development programs may be directed by the
Village Board and/or its designee for any specific site and may be
required to be formalized as deed covenants and restrictions.
(13)
25% of the site shall be green space, not including open spaces
part of any parking lot or other landscaping required to be provided
for.
The Village Board may determine that some uses proposed within a Planned Development District may be desirable, but have characteristics that may make it harder to fit in and be consistent with surrounding land uses. In such a case, the Village Board may designate one or more uses proposed within a Planned Development District to require a special use permit and/or site plan review from the Planning Board prior to final approval pursuant to the process of § 120-46.
The procedure for establishment of a Planned Development District
shall be as follows:
A.
Application. Application for the establishment of a Planned Development
District shall be made to the Board of Trustees. This application
shall include seven copies of the following sketch plan information
developed to scale and shall delineate the parcel(s) to be developed
and the following elements:
(1)
Sketch plan based upon generalized topographical data (USGS five-foot
contour interval) and soil conditions; said plan to show land use
areas, approximate building locations, easements, natural features
to be preserved, data concerning the number and type of residential
units proposed and the amount (in area) of any other uses to be built.
(2)
Sketch plan to show proposed traffic circulation, including existing
public roads to be used, on-site circulation and/or approximate parking
and loading.
(3)
Schematic of proposed landscape and open space plan.
(4)
Sketches of typical structures proposed.
(5)
Proposed public utilities concept plan, including water supply, wastewater
disposal and storm drainage facilities to be constructed.
(6)
Proposed construction sequence for buildings, recreation and open
spaces, parking areas and public utilities and roads.
(7)
Project narrative. A narrative description of the proposed project
is required, addressing its scope of operation, purpose, justification
and impact on the immediate area of influence and the Village in general
(school, traffic generation, population, utilities aesthetics and
land use compatibility) and including the following:
(a)
Address of site (street and number, Tax Map block and section).
(b)
Name of applicant.
(c)
Type of proposed tenant/business.
(d)
Site zoning.
(e)
Description of existing site and use.
(f)
Description of intended site development and use.
(g)
Proposed gross floor area.
(h)
Building heights.
(i)
Number of dwelling units, where applicable.
(j)
Number of employees.
(k)
Hours and days of operation.
(l)
Proposed number of parking lots.
(m)
Site coverage statistics (building coverage, paved areas, green
area, by percentage of site and square footage).
(n)
Impact on adjoining property: noise, visual, drainage, other.
(o)
Anticipated impact on services (quantify and discuss impacts):
traffic, sewer, water, solid waste.
(p)
Storage and disposal method of chemicals used (solvents, soaps,
etc.).
(q)
Any other information that the Planning Board may deem necessary
for its review of the application.
B.
Referral to Planning Board. If the Village Board determines that the application does not merit review because it does not meet the objective of this chapter and/or the Village Comprehensive Plan, it shall so notify the applicant, shall not refer the application to the Planning Board, and no further action on the application shall be taken. If the Village Board determines that the application does merit Planning Board review, the application, plus an additional seven copies of the sketch plan and narrative as per Subsection A above along with seven copies of a completed Part I Full Environmental Assessment Form shall be provided to the Planning Board.
C.
The Planning Board shall review the application with the owner to
determine if it meets the standards of this section. The Planning
Board may require additional changes to the sketch plan as are deemed
reasonably necessary to protect the established or permitted uses
in the vicinity and to promote the orderly growth and sound development
of the Village pursuant to this section. The Planning Board shall
initiate a coordinated review as per SEQR Part 617, and unless such
coordinated review identifies another non-Village agency interested
in being lead agency, shall take on the lead agency role for the purposes
of SEQR.
D.
Only after the receipt of an advisory report from the Village Planning
Board, or not less than 120 days after such referral in the event
of the Planning Board's failure to act, may the Board of Trustees
consider the application for a Planned Development District.
E.
Requirements of Planning Board. The Planning Board may require the applicant to furnish such preliminary drawings and specifications as may be required for an understanding of the proposed development. In addition to the standards of § 120-45D, the Planning Board shall consider, among other things, the need for the proposed use in the proposed location, the existing character of the neighborhood in which the Planned Development District is proposed, and the safeguards needed to minimize possible detrimental effects of the proposed Planned Development District on adjacent property. In reaching its favorable or unfavorable decision on the proposed development and changes, if any, in the sketch plan, the Planning Board shall consider the following:
(1)
The need for the proposed land use in the proposed location.
(2)
The existing character of the neighborhood in which the uses will
be located.
(3)
The pedestrian circulation and open space in relation to structures.
(4)
The traffic circulation features within the site and the amount,
location and access to automobile parking areas; the impact of the
proposal on existing transportation systems.
(5)
The adequacy of the proposed public/private utilities, including
water supply, sewage treatment and stormwater drainage facilities.
The project shall minimalize impervious surfaces.
(6)
The height and bulk of buildings and their relation to other structures
in the vicinity.
(7)
The proposed location, type and size of display signs, driveways
and/or loading zones and landscaping.
(8)
The safeguards provided to minimize possible detrimental effects
of the proposed use on adjacent properties and the neighborhood in
general.
(9)
Such other matters as the Planning Board may consider pertinent.
F.
Approval of Planning Board. Within 60 days of the referral, the Planning
Board shall approve, approve with modifications or disapprove such
application and shall report its decision to the Board of Trustees.
G.
Action by Board of Trustees. Upon receipt of a report from the Planning
Board, or in not less than 60 days after referral of the request for
the establishment of a Planned Development District to the Planning
Board in the event of the Planning Board's failure to act, the Board
of Trustees shall arrange for a public hearing as required by § 7-708
of the Village Law for a change in the Zoning Law to create the Planned
Development District.
H.
The Board of Trustees shall refer the proposed planned development
to Rensselaer County pursuant to General Municipal Law § 239-m
prior to any final decision.
I.
The Board of Trustees shall conduct an environmental review pursuant
to SEQR, NYCRR Part 617.
J.
No final decision on the PD application shall be made until either
a decision from the county is received or 30 days have passed. Upon
completion of county review, SEQR and public hearing, the Board of
Trustees may amend the Zoning Law and map so as to create the Planned
Development District.
K.
The Village Board may attach to its zoning resolution any additional
conditions or requirements it feels are necessary to fully protect
the public health, safety and welfare of the community. The Village
Board shall also identify uses which may be permitted by right or
by special permit, density, and other requirements. Any conditions
imposed by the Village Board shall run with the land and shall not
lapse or be waived as a result of any subsequent change in the tenancy
or ownership of any or all of said area.
L.
The law adopted by the Village Board will specify the owner's obligation
to secure subdivision approval and/or site plan approval in accordance
with the Village Code. Subsequent to the Village Board's decision
to create the PD, the applicant shall submit appropriate applications
to the Planning Board to conduct necessary subdivision, site plan
and special use reviews.
M.
All costs related to the review of the development project, including
but not limited to engineering, legal, planning, and architecture
shall be borne by the applicant. The Village Board shall require payment
by the applicant of an amount equal to the estimated cost of such
professional fees to be held in escrow by the Village, which estimated
cost shall be paid prior to the Village incurring any professional
costs.
N.
Effect of Board of Trustees approval of Planned Development District. The effect of the granting of permission for the establishment of the Planned Development District by the Board of Trustees shall be limited to the specific proposal presented for approval within the area designated and according to the plans and specifications submitted. If, after the passage of one year from the date of approval of a Planned Development District, construction has not started, the approval given under the terms of Subsection E is revoked and the land returned to the classification which it held prior to any action consummated pursuant to the provisions of Subsection E.
