The regulations hereinafter set forth in this article are intended
to provide a means for the development of large-scale residential,
business, commercial, manufacturing, recreational, solar energy systems
or mixed-use areas in a manner which will foster flexible and imaginative
design concepts. These regulations are also intended to provide the
Village with adequate supervision and control over such projects through
the Planning Board and the Village, to ensure that the spirit and
intent of this Zoning Law will be respected and preserved. No specific
requirements are established with respect to minimum lot sizes within
the district, lot coverage, building height, yard dimensions, off-street
parking or density of development. Rather, within the overall context
of the planned development concept, the Planning Board and Village
Board should be guided by the requirements established for neighboring
districts in determining reasonable requirements for comparable uses
within a Planned Development District.
A.
The planned development process consists of two basic steps. First
is the change of zoning district designation. Second is the review
of the specific site plans for the area.
B.
Any change to a Planned Development District (P-D) shall be based
on a specific development proposal. Although the designation for all
planned development will be P-D, each district will reflect the type
of use which was the basis for the zone change.
A.
Preapplication conference. Before submission of a preliminary application
for approval of a Planned Development District, the developer shall
meet with the Village Planning Board to determine the feasibility
and suitability of the application prior to entering into binding
commitments or incurring substantial expenses of site and plat preparation.
[Amended 9-11-1994 by L.L. No. 1-1994]
B.
Application procedure. Application for the establishment of the Planned
Development Districts shall be made to the Village Board. Each application
shall be accompanied by a fee in the amount of $250. The Village Board
shall refer the application and all application materials to the Village
Planning Board within 15 days of receipt of the application.[1]
C.
Planning Board review. Within 45 days of the receipt of the completed
application, the Planning Board shall recommend approval, approval
with modification or disapproval of the application to the Village
Board. Failure of the Planning Board to act within 45 days or such
longer period as may be consented to shall be deemed to be a grant
of approval of the plan as submitted. Prior to issuing its recommendation
to the Village Board, the Planning Board shall hold a public hearing
on the proposal. Notice of the time and place of the public hearing
shall be published and posted as required by law. In the event that
approval subject to modifications is granted, the applicant may, within
10 days after receiving a copy of the Planning Board's decision, notify
the Village Board, in writing, of his refusal to accept all such modifications,
in which case the Planning Board shall be deemed to have denied approval
of the application. In the event that the applicant does not notify
the Village Board within said period of his refusal to accept all
said modifications, approval of the application, subject to such modifications,
shall stand as granted.
[Amended 9-11-1994 by L.L. No. 1-1994]
(1)
Submission requirements. Application to the Village Board must include
a petition for the zone change. The applicant must provide proof of
full legal and beneficial ownership of the property or proof of an
option or contractual right to purchase the property. Two complete
copies of the preliminary plat shall be submitted, including:
(a)
A completed short environmental assessment form (EAF) to comply
with the provisions of the state environmental quality review process
(SEQR).
(b)
A mapped preliminary development plat of the property in question.
Such a plat shall include all existing structures, roads and other
improvements and shall indicate the circulation concept, general site
location of all proposed structures, general parking scheme, the approximate
acreage in each type of use and the amount, proposed use and location
of all open space and recreation areas. This plat shall also indicate
the location of all utilities and proposed expansions and/or any alternative
concepts for dealing with water supply, sewage disposal, stormwater
drainage and electric service.
(c)
A demonstration by the applicant that alternative design concepts
have been explored.
(d)
A written description of the proposal, including the major planning
assumptions and objectives, the probable effect on adjoining properties
and the effect of the proposal on the overall Village Development
Plan.
(e)
A written description of the probable impacts on the natural
systems of the Village.
(f)
A written description of the probable fiscal impacts, including
a summary of new costs and revenues to the Village as a result of
the project.
(g)
A description of any solar energy systems to be incorporated
as part of the proposal.
(2)
Review criteria. In considering the application for the creation
of a Planned Development District, the Planning Board may require
such changes in the preliminary plats and specify such additional
requirements as are deemed reasonably necessary to protect the established
or permitted uses in the vicinity and to promote and protect the orderly
growth and sound development of the community. In reaching its decision
on the proposed development and changes, if any, in the preliminary
plats, the Planning Board shall consider, among other things, the
following:
(a)
The need for the proposed land use in the proposed location.
(b)
The existing character of the neighborhood or area.
(c)
The location of principal and accessory buildings on the site
in relation to one another and in relation to buildings and uses on
properties adjoining the proposed district.
(d)
The general circulation and open space pattern relative to the
structures.
(e)
The traffic circulation features within the site and the amount,
location and access to automobile parking areas.
(f)
The environmental factors on the environmental assessment form
(EAF).
(g)
The quantity and quality of available solar energy at the site
if solar equipment is being proposed.
(h)
The impacts of this development on the solar access of adjacent
properties.
D.
Planning Board action. Establishment of a Planned Development District
is a rezoning action and may be subject to the state environmental
quality review process (SEQR). Therefore, the Planning Board should
make a two-part recommendation to the Village Board as part of this
process.
(1)
First, the Planning Board should identify the type of action the
zone change is according to the SEQR regulations. Depending on a number
of factors, the zone change itself may be a Type I or an unlisted
action. In making this determination, the Planning Board should consult
Article 8 of the Environmental Conservation Law (New York). The Planning
Board should review the environmental assessment form (EAF) submitted
by the applicant and make a preliminary determination of environmental
significance.
[Amended 9-11-1994 by L.L. No. 1-1994]
(a)
The Planning Board shall submit its recommendation as to the
type of action, its comments on the EAF and its recommendation as
to a preliminary determination of environmental significance to the
Village Board. The Village Board, after review and consideration of
the EAF and the Planning Board's recommendation, shall issue its findings
of fact as to the type of action proposed and its determination of
environmental significance.
(b)
If it is determined that an environmental impact statement will
be prepared for the proposal in question, all time frames and deadlines
are delayed until a draft environmental impact statement has been
filed. An application is not complete and, therefore, the review clock
does not start until a determination of no significance has been made
or until a draft environmental impact statement has been completed.
When the draft environmental impact statement is completed, the time
frame for Planning Board review begins 45 days. If another agency
has determined that the proposal in question may have a significant
effect on the environment, the Planning Board shall not issue a decision
until a final environmental impact statement has been filed.
(2)
The second part of the recommendation is a decision on the zone change
request itself. The decision of the Planning Board shall be in the
form of a written resolution which shall include findings of fact
and shall set forth the reasons for granting or denying tentative
approval specifying with particularity in what respects the proposal
contained in the application would or would not be in the public interest,
including but not limited to findings of fact and conclusions on the
following:
(a)
In what respects the plat is or is not consistent with the statement
of purpose set forth in this section.
[Amended 9-11-1994 by L.L. No. 1-1994]
(b)
The extent to which the proposal departs from zoning and subdivision
regulations otherwise applicable to the subject property, including
but not limited to density, bulk and use and the reasons why such
departures are or are not deemed to be in the public interest.
(c)
The nature and extent of the common open space in the Planned
Development District, the reliability of the proposals for maintenance
and conversion of such open space and the adequacy or inadequacy of
the amount and function of the open space in terms of the densities
of residential uses and the types thereof where residential uses are
proposed.
(d)
The plat of the proposal and the manner in which such plat does
nor does not make adequate provision for public services, control
over vehicular traffic and the amenities of light and air and visual
amenities.
(e)
The relationship, beneficial or adverse, of the proposed Planned
Development District upon the neighborhood in which it is proposed.
(f)
In the case of a plat which proposes development over a period
of years, the sufficiency of the terms and conditions proposed to
protect the interests of the public and the residents of the district
in the integrity of the plat.
[Amended 9-11-1994 by L.L. No. 1-1994]
E.
The resolution required by this section shall be filed with the Village
Clerk and shall be available during regular office hours for inspection
by any person.
F.
Upon the filing of such resolution with the Village Clerk, the Village
Board shall, within 30 days, hold a public hearing on said proposal
after giving the public notice required by law.
G.
The Village Board may thereafter amend this chapter so as to establish
the proposed Planned Development District and define the boundaries
thereof. Such action shall have the effect only of establishing a
Planned Development District for the use proposed by the applicant.
Such amendment of this chapter shall not constitute or imply a permit
for construction or final approval of plats.
[Amended 9-11-1994 by L.L. No. 1-1994]
H.
In the event that construction has not commenced within two years
from the date that the Zoning Map amendment establishing the Planned
Development District became effective, the Planning Board may so notify
the Village Board, and the Board may, on its own motion, institute
a Zoning Map amendment to return the Planned Development District
to its former classification pursuant to the provisions of this chapter.
[Amended 9-11-1994 by L.L. No. 1-1994]
Completion of the preliminary plat review and adoption of the
Zoning Map amendment establishing the Planned Development District
in no way implies approval to proceed with actual development of the
project. Upon approval of the rezoning request, the applicant is required
to follow the procedure outlined hereinafter.
A.
Concept review. Before proceeding with the final design for the area
in question, the developer shall meet with the Planning Board and
the Village Board to clarify any conditions that either Board has
requested. This should promote an understanding by all parties before
the preliminary concepts are changed to detailed designs and before
the developer spends large amounts of money.
B.
Planning Board review. Upon approval of the zone change, the applicant
has one year in which to submit a final plat to the Planning Board
for review and recommendation to the Village Board. Within 60 days
of the receipt of the application, the Planning Board shall grant
approval, approval with conditions or disapproval of the application.
(1)
Submission requirements.
(a)
Before final approval of the plat, the applicant must show evidence
of full legal and beneficial ownership interest in the land.
(b)
The final plat shall include, but not be limited to, the following:
[1]
A completed long environmental assessment form (EAF) to comply
with the provisions of the state environmental quality review process
(SEQR).
[2]
A mapped final development plat of the property in question.
Such a plan shall be a certified survey showing all existing and proposed
grades, existing and proposed structures, existing and proposed vegetation,
the layout of all roadways, walkways and parking areas. Construction
details for such areas described above shall also be submitted.
[3]
A separate map showing all existing and proposed waterlines,
sewer lines, electric lines, natural gas lines and other utility and
service lines, refuse storage and disposal and fuel storage facilities
and rights-of-way.
[4]
If the project will involve construction of a new water supply
and the infrastructure, new sewage treatment system, and/or new or
alternative power systems, the design and details of such proposals
must be included.
[5]
A plat showing the treatment of stormwater runoff.
[6]
The total number of acres in the site, the number and type of
housing units, the gross and net residential densities, the approximate
selling and/or rental prices of the units, the phasing plan and the
approximate completion date of the entire project.
[7]
The Planning Board may require any additional materials it deems
necessary to adequately evaluate the proposed project.
(2)
Review criteria. The Planning Board may not in all cases have the
expertise to review the detailed design and construction drawings.
If it does not, the Planning Board may confer with the Village Engineer,
the Department of Environmental Conservation (DEC), the County Health
Department, the County Planning Department and other agencies to ensure
that review of those areas outside the Board's scope are being attended.
Any and all cost incurred by the Planning Board in the course of its
review may be charged to the applicant. Within its own capabilities,
the Board may use the following criteria as general guidelines:
(a)
The height and bulk of buildings and their relation to other
structures in the vicinity.
(b)
The proposed location, type and size of signs, vehicular and
pedestrian circulation, loading zones and landscaping.
(c)
The safeguards provided to prevent possible detrimental effects
of the proposed use on adjacent properties and the neighborhood in
general.
(d)
Storm drainage and sanitary waste disposal in and adjacent to
the area.
(e)
The compatibility of uses proposed for such districts where
a combination of uses are proposed.
(f)
The provisions of adequate and sufficient public utilities.
(g)
The criteria cited for review of the Planned Development District
rezoning process.
(h)
The environmental factors on the environmental assessment form
(EAF).
(3)
Minimum required improvements.
(a)
Prior to the granting of final approval, the applicant shall
furnish the Village with an agreement supported by a bond for the
installation of all improvements listed and described in this section.
The agreement shall specify the manner and the time frame in which
the physical site improvements shall be made according to the approved
plats. The amount of the bond required shall be based upon the estimated
cost of the improvements covered by the agreement, which shall be
determined by a review of the submitted plats by the Village Engineer.
The amount of the bond shall be equivalent to 115% of the estimated
cost of the improvements. The additional 15% is to cover any engineering
costs, contingencies and inflationary factors which may be necessary
should the improvements not be completed by the developer within the
time frame specified. The following types of bonds will be accepted
as surety by the Village of New Hartford:
[1]
Corporate bonds. The surety will be furnished by an insurance
company with an attorney-in-fact recorded in the land records of the
Village of New Hartford and will guarantee the full amount of the
bond.
[2]
Noncorporate bonds. These bonds are supported by a security
in one of the following forms:
[a]
Cash escrow. The face amount of the bond will be
submitted to the Village Board and deposited in an acceptable banking
institution by the Village Clerk.
[b]
United States Treasury and federal agency securities
and cash deposits in the developer's name, controlled by the Village
Clerk, by means of a lien or power of attorney in an acceptable banking
institution may be accepted subject to the approval of the Village
Board.
[c]
Letters of credit. This security, furnished by
a bank or savings institution, shall be written in such a manner as
to extend six months beyond the agreement completion date. The letters
of credit shall contain the condition of automatic renewal providing
that the letter of credit will automatically be extended for additional
periods of six months unless the Village Board is notified, in writing,
at least 30 days in advance of the letter's expiration date, that
the bank does not intend such letter of credit or unless the Village
Board notifies the bank that the letter of credit can be released
to the developer.
[d]
Set-aside letters. This security will be furnished
by the developer's lender. It shall be written to the Village Board,
executed and agreed to by the developer and the lender and shall be
for the full amount of the bond. Three draws will be permitted during
the life of the bonds, and the draws shall not be allowed more often
than quarterly. There shall be a fee as set forth from time to time
by resolution of the Board of Trustees for each draw. The amount of
the funds available shall never be less than 50% of the original bond
amount.
(b)
After the Village Engineer has completed the review of the final
development plat, established the estimated cost of constructing the
required improvements and reviewed the amount of time estimated by
the developer to complete these improvements, a package of documents,
including copies of the agreement and bond, the Engineer's estimate
of the cost of the physical improvements and a statement of the amount
of bond required, is forwarded to the developer for his review and
execution.
(c)
Upon approval of the agreement between the developer and the
Village, a file is established which is continually updated by the
Planning Board and maintained by the Village Clerk until all construction
is completed.
(d)
When a developer enters into an agreement with the Village,
it is understood that all the necessary physical improvements must
be completed within the time frame specified within the agreement.
If all the noted improvements are not completed within this period
and no extension has been obtained or a replacement agreement and
bond have not been submitted and approved with a new expiration date,
the agreement is considered to be in default. The developer can make
a formal request to the Village Board for an initial extension of
the expiration date for a maximum period of six months, if, on inspection
by the Village Engineer approximately 60 days prior to the expiration
of an agreement, the indication is that the balance of the work cannot
be completed within the remaining 60 days. The developer shall indicate
all reasons and conditions which have inhibited him from completing
the required improvements. The developer must also have all sureties
consent to the request, including corporate surety companies. All
signatures must be notarized. Each extension shall be subject to an
extension fee as set forth from time to time by resolution of the
Board of Trustees.
(e)
Where appropriate, the developer may make application for a
replacement agreement and bond. A new bond, which cannot be less than
50% of the face amount of the original bond, shall be estimated by
the Village Engineer. A new bond package is then prepared and handled
in the same manner as the original agreement and bond. The developer
is required to pay a processing fee as set forth from time to time
by resolution of the Board of Trustees.
(f)
In the event that the developer does in fact default on his
agreement, the Village Engineer shall refer the matter to the Village
Attorney. In response, the Village Attorney shall take the appropriate
legal action to ensure a timely completion of the improvements.
(g)
Upon the completion of 100% of the physical improvements outlined
in the agreements, the developer can initiate the process of bond
release by submitting a letter to the Village Engineer stating that
he has completed the project and wishes to be released from his agreement.
Before the bond is released, a review of all aspects of the agreement
and its associated improvements shall be undertaken by the Village
Engineer. If, after the review is completed, the Village Engineer
finds that all improvements have been completed in a satisfactory
manner, he shall so inform the Village Board, who will authorize the
Village Clerk to release the agreement and bond.
C.
Planning Board action.
(1)
First, the Planning Board should identify the type of action the
proposed development is according to the state environmental quality
review regulations (SEQR). Depending on the size, location and other
factors, it may be a Type I or an unlisted action. To make a decision,
the Planning Board should consult Article 8 of the Environmental Conservation
Law (New York). The Planning Board should also review the environmental
assessment form (EAF) submitted as part of the application. The action
type and related procedure will dictate the next steps, if any, to
be taken to comply with the SEQR regulations.
(2)
If it is determined that an environmental impact statement will be
prepared for the proposal in question, all time frames and deadlines
are delayed until a draft environmental impact statement is filed.
An application is not complete and, therefore, the review clock does
not start until a determination of no significance has been made or
until a draft environmental impact statement has been completed. When
the draft environmental impact statement is completed, the time frame
for Planning Board review begins 60 days. If another agency has determined
that the proposal in question may have a significant effect on the
environment, the Planning Board shall not issue a decision until a
final environmental impact statement has been filed.
(3)
When compliance with SEQR is complete and within the established
sixty-day review period, the Planning Board shall either grant such
approval subject to specified conditions or deny final approval and
forthwith file its decision with the Village Clerk and notify the
applicant thereof. Thereupon, within 90 days, the applicant shall
file with the County Clerk the final plat of any subdivision proposed
and shall make application for a building permit or permits in accordance
with the proposal as finally approved.
D.
No building permit shall be granted for the construction of any building
or structure other than as approved by the Planning Board, and no
improvement shall be constructed at variance with the proposal as
finally approved except upon resubmission and approval of the Planning
Board.
E.
The applicant may appeal to the Village Board a decision of the Planning
Board denying final approval or granting final approval subject to
conditions with which the applicant is unwilling to comply. Such action
shall be taken within 30 days of the filing with the Village Clerk
of the decision of the Planning Board.
