The following are the types of planned development
districts in the Town of Vernon:
[Amended 12-6-2010 by L.L. No. 1-2011]
A.
Legislative intent. Planned unit development [PUD,
PDD or PDET (or any future PID, Planned Industrial District, considered);
hereafter, generally referred to as “PUD”] in the Town
of Vernon is determined to be beneficial to the community by concentrating
development in a given area, thus conserving the open space and rural
character of the community. PUD provides for a more coordinated and
unified approach to development within the community in lieu of segmented
utilization of land that occurs on a "lot-by-lot" basis. PUD reduces
the amount of infrastructure required for land development and the
cost of infrastructure maintenance necessary to serve the community.
PUD provides flexibility and encourages a variety of land uses and
innovative design techniques that otherwise would be restricted by
standard use and area regulations contained within the Town of Vernon
Zoning Law. Planned unit development shall be encouraged within a
floating zone as indicated on the official Town of Vernon Zoning Map,
adopted August 22, 2007.
B.
Legislative purpose. The Town of Vernon, Oneida County,
New York hereby finds and determines that:
(1)
When coordinated with the Comprehensive Plan, planned
unit development can be an effective tool for guiding development
in ways that support community goals and priorities outlined in the
Town of Vernon Community Comprehensive Plan.
(2)
Planned unit development provides a means by which
different land uses within an area covered by a single development
plan may be combined to achieve optimum compatibility among land uses.
Unattainable with traditional municipal zoning techniques, planned
unit development provides flexibility in the regulation of land use
development in order to:
(a)
Encourage innovation in land use variety and
design, in the layout and type of new structures and in their integration
with existing structures;
(b)
Enhance efficiency in the use of land, natural
resources, energy, community services and utilities;
(c)
Encourage open space preservation and protection
of natural resources, historic sites and structures;
(d)
Facilitate the provision of housing and improved
residential environments;
(e)
Enhance the Town's ability to promote business
and employment opportunities;
(f)
Preserve the hierarchy, safety and efficiency
of the state, county and Town transportation system within the Town
of Vernon;
(g)
Provide for logical and orderly extensions of
water, sewer and utility infrastructure; and
(h)
Provide for a unified and logical pattern of
development to land areas determined to be appropriate for growth
as outlined in the Town of Vernon Community Comprehensive Plan.
C.
AUTHORIZED BOARD OR BODY
FINAL PLANNED UNIT DEVELOPMENT PLAN
FINAL PLANNED UNIT DEVELOPMENT PLAN APPROVAL
PLANNED UNIT DEVELOPMENT (PUD, PDD OR PDET)
PLANNED UNIT DEVELOPMENT DISTRICT
PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN or GENERAL PROJECT
PLAN
PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN APPROVAL
Special definitions. As used in this article, the
following terms shall have the meanings indicated:
The Town Board or Town Zoning Board of Appeals designated
by the legislative body to review and act on final planned unit development
plans.
An approved preliminary planned unit development plan prepared at such additional detail and showing information as is required by local regulation, and the modifications, if any, required by the legislative body at the time of approval of the preliminary planned unit development plan, if such preliminary plan has been so approved. Final planned unit development plans will be required to follow the policy and procedures of site plan review as described in Part 7 of this chapter and shall be determined to be final by the Town of Vernon Zoning Board of Appeals only after the issuance of a change in zoning designation and approved by the Town Board and authorized by the signature of the Town Supervisor.
The signing of a final plan by a duly authorized officer
of the authorized board or body pursuant to a resolution granting
final approval to the plan or after conditions, if any, specified
in said resolution granting conditional approval of the plan are completed.
Such final approval qualifies the plan for filing in the office of
the Clerk as provided herein. Final approval shall be recommended
by the Town Zoning Board of Appeals after a favorable recommendation
by the Town of Vernon Zoning Board of Appeals and authorized by the
Town Board
A site upon which residential, commercial, industrial or
other land uses or any combination thereof may be authorized in a
flexible manner so as to achieve the goals of the municipal comprehensive
plan (see definitions).
An independent, freestanding zoning district, wherein the
zoning regulations need not be uniform for each class or type of land
use, but where the use of land shall be in accordance with a preliminary
planned unit development plan approved by the legislative body.
A proposal for a planned unit development prepared in a manner
prescribed by local regulation showing the layout of the proposed
project, including, but not limited to, maps, plans, or drawings relating
to proposed land uses, approximate location and dimensions of buildings,
all proposed facilities unsized, including preliminary plans and profiles,
at suitable scale and in such detail as is required by local regulation;
architectural features, lot sizes, setbacks, height limits, buffers,
screening, open space areas, lighting, signage, landscaping, parking
and loading, traffic circulation, protection of natural resources,
public or private amenities, adjacent land uses and physical features,
and such other elements as may be required by local regulation.
The approval with conditions, if any, of the layout of a
proposed planned unit development as set forth in a preliminary plan
and the simultaneous amendment of the local zoning law or ordinance
by the legislative body to create and map a planned unit development
district within a predetermined land area designated by the Town of
Vernon Community Comprehensive Plan encompassing the preliminary plan;
subject to the approval of the plan in final form pursuant to the
provisions of this article.
D.
Authority. In addition to any other powers and authority
to plan and regulate by zoning, the Town of Vernon hereby enacts requirements
for the review of planned unit development plans and the establishment
and simultaneous mapping of planned unit development districts pursuant
to the provisions of this article.
E.
Elements of approval. The Town Board shall forward
the request for a zone change to PUD/PDD/PDET (hereafter referred
to as “PUD”) to the Zoning Board of Appeals, which shall
review a preliminary plan and/or general project plan and make a recommendation
to the Town Board to approve or deny the pending application for zone
change. Request for a zone change to PUD for a land area greater than
50 acres will require the submission of a general project plan that
identifies and addresses all of the issues relevant to SEQRA. Approval
of a change in zoning designation is to PUD based upon the general
information listed below and shall be granted by the Town Board, based
upon a favorable recommendation by the Town of Vernon Zoning Board
of Appeals in consultation with the Town of Vernon Zoning Board of
Appeals.
(1)
The Town Board, in an effort to predetermine the environmental
impacts of the development prior to the issuance of a rezone to PUD,
PDD or PDET, shall express preference for these documents as a generic
environmental impact statement. However, submission of a general project
plan is optional. If an applicant chooses not to prepare a generic
environmental impact statement, each phase of project development
will require a full environmental evaluation of all phases (full build-out)
of the site plan during site plan review.
(2)
The following information shall be required to evaluate
the granting of a zone change to the PUD/PDD or PDET designation:
(a)
The applicant shall describe the creation of
the planned unit development district, including the types of land
uses, structures and development density proposed, as well as provisions,
if any, relating to cluster development, incentives, bonuses, open
space, historic structures and areas.
(b)
The minimum acreage necessary for the establishment
of a planned unit development district shall be requested by the developer
and must be based upon a preliminary development plan or general project
plan. In no instance shall a planned unit development be bisected
by a state highway, county highway or local collector road or include
a land area of less than 15 contiguous acres unless the land area
is contiguous to an existing planned unit development.
(c)
All multi-year approvals of final planned unit
development plans in phases shall include a schedule for the completion
of buildings, public and private facilities and site improvements
for the full buildout of the development and shall clearly indicate
the phasing of the entire development. All phases shall require an
independent site plan review procedure to ensure that compliance with
the conditions of the zone change and overall site plan approval are
met and that the Town Zoning Board of Appeals can review any adjustment
to the approved plan. However, phases proposed in a general project
plan developed as a generic environmental impact statement may not
require a full environmental review at the discretion of the Town
Zoning Board of Appeals and Zoning Commission if the proposed phases
of construction comply with the preliminary site plan included in
the general project plan.
(d)
Procedures for evaluating, adopting, reviewing
and approving the final planned unit development plans, including
any notice and hearing provisions for such amendments, shall be identical
to the Town of Vernon site plan review, except that detailed design
of each phase may be reviewed during the site plan review process.
(e)
All site plan reviews shall be consistent with
the preliminary planned unit development plan or general project plan,
unless an amendment is proposed and approved by the Town of Vernon
through the same procedure as approving the originating rezone to
PUD.
(f)
Include provisions whereby approval of a preliminary
and/or final planned unit development plan may lapse or be withdrawn
upon failure of the applicant to proceed with the development or otherwise
fail to meet conditions of approval.
(g)
Include a draft of all covenants, easements
and rights-of-way relating to the site development and/or homeownership,
homeowners' associations (HOA) and any lands dedicated to public use
within the PUD.
F.
Compliance with New York State Environmental Quality
Review Act (SEQRA). In its review and approval of applications to
create planned unit development districts pursuant to this article,
the legislative body shall comply with the provisions of the New York
State Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations. It is the preference
of the Town of Vernon to issue a zone change to PUD/PDD/PDET after
the developer submits a preliminary planned unit development plan
or general project plan in the form of a generic environmental impact
statement to ensure that the proposed project is compatible with the
land area and infrastructure surrounding the general project location
and to ensure that necessary mitigating factors are evaluated prior
to approving a change in allowable land use and density of development.
G.
Methods of procedure. The Vernon Town Board may approve
all changes to planned unit development zoning designation after the
completion of a review and recommendation from the Town of Vernon
Zoning Board of Appeals. The Town of Vernon will consider the following
methods of procedure for the review and approval of planned unit developments:
(1)
Preapplication conference. Before submission of a
preliminary application for approval of a planned development district,
the developer is encouraged to meet with the Town Zoning Board of
Appeals to determine the feasibility and suitability of the application
before entering into any binding commitments or incurring substantial
expenses of site and plan preparation.
(2)
Upon the receipt of an application and preliminary
plan for the establishment of a planned unit development district,
the legislative body shall review the application and preliminary
plan in consultation with the Town Zoning Board of Appeals.
(3)
Within 90 days of receiving a completed application
(including the preliminary plan, general project plan and/or generic
environmental impact statement), and prior to acting on a zoning amendment
to create a planned unit development district, the legislative body
shall hold one or more public hearings on such proposed preliminary
plan and amendment. Notice of the public hearing should be published
in a newspaper of general circulation at least 10 calendar days in
advance of the hearing. The proposed zoning amendment and preliminary
plan shall be made available for public review at least 20 days prior
to said public hearing at the office of the Clerk.
(4)
Zoning Board of Appeals review. Within 45 days of
the receipt of the application, the Zoning Board of Appeals shall
recommend approval, approval with modifications or disapproval of
the application to the Town Board. Failure of the Zoning Board of
Appeals 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.
In the event that approval subject to modifications is granted, the
applicant may, within 10 days after receiving a copy of the Zoning
Board of Appeals's decision, notify the Town Board in writing of his
refusal to accept all such modifications, in which case the Zoning
Board of Appeals shall be deemed to have denied approval of the application.
In the event that the applicant does not notify the Town Board prior
to his refusal to accept all said modifications, approval of the application
subject to such modifications shall stand as granted.
(5)
At least 10 days before the public hearing on the
application and proposed amendment to the zoning ordinance to create
a planned unit development district, the legislative body shall mail
notices thereof to the applicant and to the county planning board
or agency or regional planning council, as required by § 239-m
of the General Municipal Law, which notice shall be accompanied by
a full statement of such proposed action, as defined in Subdivision
1 of § 239-m of the General Municipal Law.
(6)
Within 120 days of receiving the application and after
holding public hearings, the legislative body shall act to approve,
approve with modifications and/or conditions or deny the application,
and if approved amend the local law or zoning ordinance to establish
and map a planned unit development district. Upon taking such action,
the legislative body shall advise the applicant, the authorized board
or body and the county planning board or agency, in writing, of its
determination within five business days after such action is taken,
and place a copy of such letter on file in the office of the Clerk.
(7)
Upon issuance of a zone change to PUD/PDD/PDET, the developer will submit a site plan for his project to the Town Zoning Board of Appeals and will follow the identical standard procedure for site plan review as outlined in Article XXI of this chapter.
(8)
A final planned unit development plan shall be submitted
by the applicant to the authorized board or body for review and approval,
or approval with modifications and/or conditions. Review of the final
planned unit development plan by the authorized board or body shall
take into consideration the preceding action of the legislative body
on the preliminary planned unit development plan.
(9)
The authorized board or body's determination on the
final planned unit development plan shall be filed in the office of
the Clerk within five business days after such decision is rendered,
and a copy thereof shall be mailed to the applicant.
H.
When effective. This section shall take effect upon
its filing in the office of the Secretary of State of the State of
New York, and the Clerk is hereby directed to file such local law
immediately.
Once a district has been designated a PDET District, it shall be subject to the provisions of § 139-28, and construction of any improvement within the PDET shall be made only upon compliance with an approved general project plan as set forth in § 139-28D and E and "review criteria" set forth as part of § 139-28B and only upon issuance of a building permit in accordance with the procedures set forth in § 139-29D, E and F. The intent for the PDET District differs from the intent of a PUD or PDD District and is unique due to the event-oriented nature of the dominant use as an entertainment and tourist-oriented district.
B.
Permitted uses.
(1)
The following uses, subject to the following conditions
and limitations, shall be permitted without the need for either an
administrative or temporary event permit from the Town:
(a)
Simulcasting.
(b)
Horse racing.
(c)
Use of the existing track and stables for racing
and related training and caring for horses.
(d)
Riding academies and stables.
(e)
Riding and boarding stables.
(f)
Veterinary hospital, only ancillary to riding
and boarding stables.
(g)
Simulcasting theater.
(h)
Hotel use.
(i)
Rest rooms.
(j)
Training areas.
(k)
Restaurants.
(l)
Parking.
(m)
Accessory uses. Accessory uses shall be incidental
and subordinate to the above stated uses.
(n)
Gaming machines such as slot machines to the
extent approved and permitted by the New York State Racing and Wagering
Board or other competent authority of the state.
(o)
Motor sports, including automobile, motorcycle and snowmobile activities.
[Added 12-6-2010 by L.L. No. 1-2011]
(2)
Permitted uses shall be limited to the use of existing structures. No new structure or alteration of the premises shall be permitted except upon site plan review in accordance with the procedures set forth in § 139-36 and Article XXI. Permitted uses shall be conducted only between the hours of 9:00 a.m. and 10:00 p.m., Monday through Thursday; Friday and Saturday, 10:00 a.m. to 11:00 p.m.; and Sunday, 12:00 noon to 8:00 p.m., to the extent attendance by the public is concerned, except that no time limitation is imposed on the use of the interior of the hotel or parking for uses conducted inside the hotel, and no time limitation is imposed for use by other than the public; for example, training or caring for horses.
C.
Uses permitted by administrative permit.
(1)
The following administrative permitted uses, involving
no more than one day in duration and no more than 8,000 persons, shall
be permitted in the Planned Development Entertainment and Tourism
District only upon the issuance of an administrative permit by the
ZEO:
[Amended 12-6-2010 by L.L. No. 1-2011]
(2)
The ZEO may issue such an administrative permit upon application for such use in accordance with the provisions of § 139-31 of this chapter. The form of such application shall be prescribed by the Town Zoning Board of Appeals in consultation with the Town ZEO so that the application will set forth sufficient information concerning the proposed use to enable the ZEO to determine whether the use will be conducted in a safe and healthy manner and without disrupting the community at large.
D.
Uses permitted by temporary event permits.
(1)
Temporary event uses shall be any use stated in § 139-30C(1) (Uses permitted by administrative permit) likely to exceed the threshold of attendance by 8,000 people or duration more than 24 hours. Such uses shall be permitted in the Planned Development Entertainment and Tourism District only upon the issuance of a temporary event permit by the ZEO.
(2)
The ZEO may issue such a temporary event permit upon application for such use in accordance with the provisions of § 139-31 of this chapter. The form of such application shall be prescribed by the Town Zoning Board of Appeals in consultation with the Town ZEO so that the application will set forth sufficient information concerning the proposed use to enable the ZEO to determine whether the use will be conducted in a safe and healthy manner and without disrupting the community at large.
The ZEO will consider the following criteria
when determining whether to issue an administrative permit or a temporary
event permit:
A.
All applications for an administrative permit or a
temporary event permit shall set forth:
(1)
Hours of operation. Uses permitted by administrative permit or temporary event permit shall be limited to the same hours of operation as apply to the permitted uses set forth under § 139-30B unless the application for the permit demonstrates the need to exceed those hours of operation and sets forth detailed methods by which the applicant will prevent the activity outside of regular hours of operation from disturbing the peace and quiet of the neighborhood. A permit allowing operation beyond the regular hours of operation may be granted only if the applicant demonstrates there is no reasonable alternative and that the early- or late-hour activities will not disturb the neighborhood.
(3)
Traffic, safety and security: provision for police
or other reliable traffic direction as well as control of internal
security or a reasonable explanation why such is not necessary, together
with plans showing the location of parking sufficient to accommodate
the number of persons likely to attend, including an estimate of the
persons likely to attend with a basis for such estimate; if no police
or other internal security force is to be provided, an explanation
as to why such is not believed necessary; if police or other internal
security is to be provided, identification of the persons or organizations
to provide such police or other security as well as the number of
such forces to be employed; by use of a map or other graphic representation,
a plan showing the areas where the anticipated automobile traffic
will park, together with a route map showing the manner in which the
automobiles will arrive and depart.
(4)
Sanitary plan. The applicant shall present a detailed
sanitary plan setting forth the number and nature of toilet facilities
and a projected calculation demonstrating that such facilities will
be adequate for the number of persons expected to attend.
(5)
The date or dates and the hours during which the activity
is to be conducted and the total time period.
(6)
The program and plans of the activity in its entirety,
with particular emphasis on the following:
(a)
Detailed plans for parking facilities off public
roadways able to serve all reasonable anticipated requirements at
a rate up to 100 passenger cars per acre or 30 buses per acre.
(b)
The total number of persons permitted at the
event, including performers, staff members and audience, which shall
be determined by providing a net assemblage area of at least 50 square
feet per person.
(c)
A plan for limiting attendance, including methods
of entering the area, number and location of ticket booths and entrances
and provisions for keeping non-ticket holders out of the area.
(d)
A statement of agreement to complete all construction
and installation of services and facilities, including water supply,
toilet and hand-washing facilities, sewage disposal, roads, food service
equipment and refuse handling facilities, and all work for noxious
weed and insect control, at least 48 hours prior to the commencement
of the event.
(e)
A detailed plan for the use of signs to locate
all facilities and roadways.
(f)
A statement from the local fire authorities
having jurisdiction over the area verifying that they are aware of
the event and are willing to cooperate if needed.
(i)
The location and construction of toilet and
hand-washing facilities designed to serve fully all reasonable anticipated
requirements at a rate of no more than 100 persons per toilet seat
and 750 persons per hand-washing facility, 50% of the male toilets
to be urinals; and plans for construction and reports, including copies
of all rental and service contracts, showing that the construction
and operation constitute no threat of pollution of surface or underground
water locations, to be shown on a map to scale.
[Amended 7-13-2020 by L.L. No. 2-2020]
(j)
The location and construction of water-supply
facilities, designed to serve fully all reasonably anticipated requirements
at a rate of one pint of potable water per person per hour, for the
maximum estimated hourly attendance. One tap and one drinking fountain
shall be provided per 1,000 persons and shall be located with adequate
soaking pits or drainage.
(k)
Detailed plans for internal storage and collection
of refuse, including provisions for disposal and cleaning the property
and immediate surrounding properties within 48 hours after the event.
(l)
Detailed plans for emergency first aid to serve
fully all reasonably anticipated requirements. Such plans shall state
arrangements made with hospitals and ambulances in the area, including
names and locations, the number of doctors and nurses at the site
and on call and arrangements made with all other medical personnel
and facilities, either at the site or on call.
(m)
Detailed plans for lighting designed to illuminate
the public areas of the site at all times and demonstrating that the
lighting will not reflect on any areas beyond the boundary of said
site.
B.
To the extent any activity regulated hereunder is
also under the regulation of the Department of Health of State of
New York or the County of Oneida, notification of the County Health
Department and compliance by the applicant with the regulations of
such departments shall be deemed compliance with this chapter but
only if such State or County Health Department has promulgated a regulation
governing the activity in question.
A.
Applications for permits shall be on forms specified
by the Town.
B.
Fees. Applications for administrative use permits
shall be accompanied by a fee of $500 issued to the Town Clerk in
two separate checks in the amount of $250 each and for temporary event
use permits a fee of $1,000 issued to the Town Clerk in two separate
checks in the amount of $500 each. Two hundred fifty dollars of the
$500 application fee and $500 of the $1,000 application fee shall
be refunded to the applicant upon the completion of the use in question
in substantial compliance with all applicable federal, state, county
and Town laws, ordinances, rules and regulations, and also having
complied substantially with all representations made by the applicant
with respect to the nature and extent of the use for which a permit
was granted.
C.
Insurance and bonds. No permit shall be issued unless
the applicant shall furnish the Town with a comprehensive liability
insurance policy insuring the Town against liability for damages to
person or property with limits of not less than $1,000,000 for bodily
injury or death, and limits not less than $500,000 for property damage,
sufficient in form to save the Town harmless from any liability or
causes of action which might arise by reason of granting of the permit
or any inspections, review or other involvement on the part of the
Town having to do directly or indirectly with the issuance of the
permit or activities conducted by virtue of the permit.
D.
Applications for permits. Applications for administrative
use permits shall be submitted at least 90 days, and for temporary
event use permits at least 180 days, before the first use for which
the permit is sought is to commence. Every application will be signed
by the applicant with name, address, and description of the signer
authority to make the application.
[Amended 7-13-2020 by L.L. No. 2-2020]
E.
Processing application. The Code Enforcement Officer
of the Town shall grant, deny, or grant with conditions any application
for administrative permit within 10 days of the filing of application.
If the application is denied or granted with conditions, the applicant
shall have five days to apply for a review of such determination to
the Zoning Board of Appeals, which request for review shall be delivered
to the Clerk of the Zoning Board of Appeals on or before the expiration
of such five-day period, whereupon the Zoning Board of Appeals is
authorized to make such determination as the Code Enforcement Officer
should have made. The Zoning Board of Appeals's determination shall
be made within 45 day of the application for review.
[Amended 7-13-2020 by L.L. No. 2-2020]
F.
Applications
for a temporary event permit shall be made 180 days before the first
use for which the permit is sought. The Code Enforcement Officer shall
have 60 days to consider the application and request further details
from the applicant and seek information or recommendations from other
public authorities such as police, fire, health and transportation
agencies. If the Code Officer denies the application or issues it
with objectionable limitations, the applicant shall have 20 days to
file an appeal, specifying objections, to the Town Zoning Board of
Appeals, which shall affirm, reverse, or modify the Code Officer's
determination within 45 days of the filing of the appeal."
[Added 7-13-2020 by L.L. No. 2-2020]
[Added 7-13-2020 by L.L. No. 2-2020]
A.
Attendance.
(1)
Temporary events apply to activities intended to attract more
than 8,000 people, but less than 20,000. No event with an anticipated
crowd of more than 20,000 shall be permitted.
(2)
No temporary event shall extend beyond a single twenty-four-hour
period.
(3)
No temporary event may be conducted on consecutive days.
(4)
Temporary events shall not include overnight camping.
B.
Secure perimeter.
(1)
The capacity of the Town of Vernon to accommodate large gatherings
depends on the number of people in attendance. A critical aspect of
granting temporary event permits is the security of the perimeter.
It is essential that the applicant establish a secure perimeter to
exclude those not authorized to attend, that is, those without tickets
or other permission from the sponsor to attend. Therefore, any application
for a temporary event permit must include detailed specifications
of any fence or other barrier to be erected in order to establish
a secure perimeter. The specifications for the fence or other barrier
must include the detail as to how the fence or barrier is to be fixed
in the ground, such that it would withstand an effort by a determined
intruder. Unless there is a secure perimeter surrounding the entire
venue where the event is to take place, no permit will be issued.
(2)
The specifications for the perimeter must include a plan as
to how it will be erected with sufficient strength and size to be
in place before the event commences.
C.
Traffic.
(1)
The application must include a plan prepared by a recognized
traffic engineer explaining how the persons expected to attend would
be able to reach the venue, participate in the event, and leave the
venue without substantially interfering with the needs of the local
community to travel before, during, and after the event takes place.
(2)
The plan must identify the number of vehicles expected to arrive,
what routes they will take to arrive, and identifying precisely where
those vehicles will park. To the extent the parking areas are remote
from the venue, the plan must include photographs of every parking
area to be used and a signed consent from the owner of that parking
area allowing the applicant to use that location for parking.
D.
Police, fire and emergency health services.
(1)
The application must include a description of the identity of
security forces to be used inside and outside the venue, the name
of the company or companies to provide such security services, and
a detailed plan as to how those security services will achieve security
at the event.
(2)
The application shall also include a description of the number
of fire departments able and willing to respond to any fire emergency
during the event, including a written and signed statement from such
fire services, indicating a willingness to respond if necessary.
(3)
The application shall also include identification of the ambulance
EMS services, including the identity of the ambulance service, the
number and locations that the ambulances will be placed during the
event, together with a signed statement from the ambulance service,
indicating a willingness to participate in the fashion represented
by the applicant.
E.
Notification of County and State Police and transportation services.
Upon receipt of the applicant's application, the Code Officer will
send a copy to the NYS Department of Transportation, the Oneida County
Department of Transportation, the NYS Health Department, the Oneida
County Health Department, the NYS Police, and the County Sheriff's
Office to solicit recommendations from those offices as to the feasibility
of the plan and to make any recommendation to enhance the plan.
F.
Minimum space. The application shall show a minimum of 50 square
feet per person in attendance in the area where those persons are
expected to congregate. For example, if a concert place set aside
for the audience, the applicant will provide a survey map drawn to
scale, showing the area where the people will convene, and making
the calculation of the space allotted per person in attendance so
as to meet the fifty-square-foot-per-person criterion.
All activities and uses within the PDET shall
be conducted subject to the following noise limitations:
A.
NOISE LEVELS
PRECISION SOUND LEVEL METER
SOUND LEVEL
For the purpose of these noise control provisions,
certain terms are defined as follows:
The maximum continuous sound level or repetitive peak level
produced by a source or group of sources as measured with a precision
sound level meter using the "A" weighting scale, and the meter response
function set to "slow."
A device for measuring sound level in decibel units within
the performance specifications in the American National Standards
Institute Standard 1.4, "Specifications for Sound Level Meters."
Expressed in decibels (dB), is a logarithmic indication of
the ratio between the acoustic energy present at a given location
and the lowest amount of acoustic energy audible to sensitive human
ears and weighted by frequency to account for characteristics of human
hearing, as given in the American National Standards Institute Standard
1.1, "Acoustic Terminology," Paragraph 2.9, or successor reference.
All references to dB in this chapter utilize the A-level weighting
scale, abbreviated "DBA," measured as set forth in this section.
B.
None of the uses in the PDET, whether permitted or
permitted under an administrative permit or temporary event permit,
shall produce a noise level more than 90 dB more than 150 feet from
the source of the noise. The owner shall measure and record noise
level data and shall keep such recorded noise data available for at
least one calendar year or submit such data to the Zoning Enforcement
Officer for storage. When requested by the ZEO, the owner shall provide
access to the facility by the ZEO for observation of noise level monitoring
and for the conduct of independent noise level monitoring by the ZEO.
Noise level data shall be recorded and maintained only with respect
to intentionally amplified sound such as music or loudspeaker emanations
and shall be measured within 150 feet of the source.
C.
The following noise sources shall be exempt from this
noise restriction:
A.
The planned development process consists of two basic steps: first, the change of zoning district designation; second, review of the specific site plans for the area as set forth in Article XXI.
B.
Any change to a planned development (PD) district
shall be based on a specific development proposal. Although the designation
for all planned development will be PD, each district will reflect
the type of use which was the basis for the zone change (i.e., PUD,
PDD, or PDET).
A.
Application fee. Application for the establishment
of one of the planned development districts shall be made to the Town
Board. Each application shall be accompanied by a fee of $150. The
Town Board shall refer the application and all application materials
to the Town Zoning Board of Appeals within 15 days of the application.
B.
Submission requirements. Application to the Town Board
must include a petition for the zone change. The applicant must provide
proof of full legal and beneficial ownership of property or proof
of an option or contractual right to purchase the property. The preliminary
plan shall include, but not be limited to, the following:
(1)
A completed short environmental assessment form (EAF)
to comply with the provisions of the state environmental quality review
process (SEQR).
(2)
A mapped preliminary development plan or general project plan of the property in question as set forth in § 139-28C and D. Such a plan 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 plan 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.
(3)
The applicant must demonstrate that alternative design
concepts have been explored.
(4)
A written description of the proposal, including the
major planning assumptions and objectives, the probable effect on
adjoining properties and the effect on the overall Town Development
Plan.
(5)
A written description of the probable impacts on the
natural systems of the Town.
(6)
A written description of the probable fiscal impacts,
including a summary of new costs and revenues to the Town due to the
development.
C.
Review criteria. In considering the application for
the creation of a planned development district, the Zoning Board of
Appeals may require such changes in the preliminary plans 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 plans, the Zoning Board of Appeals shall
consider, among other things, the following:
(1)
The need for the proposed land use in the proposed
location.
(2)
The existing character of the neighborhood.
(3)
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.
(4)
The general circulation and open space pattern relative
to the structures.
(5)
The traffic circulation features within the site and
the amount, location and access to automobile parking areas.
(6)
The environmental factors on the environmental assessment
form (EAF).
D.
Zoning Board of Appeals 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 Zoning Board of Appeals should make a two-part recommendation
to the Town Board as part of this process.
(1)
First, the Zoning Board of Appeals should identify
the type of action the zone change is according to SEQR regulations.
Depending on the size of the zone change and several other factors,
it may be a Type I or an unlisted action. To make a decision, the
Zoning Board of Appeals should consult Part 617 of Title 6 of the
New York Codes, Rules and Regulations. The Zoning Board of Appeals
should advise the Town Board of this determination and any responsibilities
of the Town Board.
(a)
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 completed. When the draft environmental impact
statement is completed, the time frame for Zoning Board of Appeals
review begins (45 days).
(b)
If another agency has determined that the proposal
in question may have a significant effect on the environment, the
Zoning Board of Appeals 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 itself based on the review criteria per Subsection C of this section. The decision of the Zoning Board of Appeals 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 plan is or is not consistent with the statement of purpose set forth in § 139-28B.
(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 or 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 plan 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 plan.
E.
The resolution required by Subsection D(2) of this section shall be filed with the Town Clerk and shall be available during regular office hours for inspection by any interested person.
F.
Upon the filing of such resolution with the Town Clerk,
the Town Board shall, within 30 days, hold a public hearing on said
proposal after giving the public notice required by law.
G.
The Town 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 plans.
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 Zoning Board of Appeals may so notify the Town Board and the Town Board may, on its own motion, institute a Zoning Map amendment to return the planned development district to its former classification pursuant to Article XXIV of this chapter.
The procedures for site plan review within an approved PUD (PUD, PUDD, PID, PDET) shall comply with Article XXI of this chapter, except that general project plans developed as a generic environmental impact statement may require further environmental review under SEQRA at the discretion of the Town Zoning Board of Appeals. Completion of § 139-35 to change a zone to a PDET District does not imply approval to proceed with actual development of the area. Upon approval of the rezoning request, the applicant is required to follow the procedure explained in Article XXI of this chapter.
