For the purposes of this chapter, the Village
of Montgomery is hereby divided into classes of districts as follows:
A. Residence and agriculture districts.
R-2 District (one-family residence on lot of
18,000 square feet) [Added 9-17-1996 by L.L. No. 6-1996]
|
RA-3 District (residential agriculture —
one-family residence on lot of 12,000 square feet)
|
R-4 District (one-family residence on lot of
8,000 square feet)
|
R-4A District (one-family residence on lot of
10,000 square feet) [Added 6-12-1972]
|
R-5 District (one-family residence on lot of
5,000 square feet)
|
R-6 District (one- and two-family residence
on lot of 5,000 square feet)
|
RM-1 District (multifamily residence on lot
of 5,000 square feet)
|
B. Business and industrial districts.
B-1 District (neighborhood business)
|
B-2 District (Village business)
|
I-1 District (industrial park)
|
I-2 District (Village industry)
|
D. Overlay districts.
[Added 4-16-1996 by L.L. No. 4-1996;
amended 9-2-2003 by L.L. No. 1-2003]
(2) SCDO Senior Citizen Development Overlay.
E. Floating districts.
[Added 5-2-2006 by L.L. No. 3-2006]
(1) Planned development districts ("PDD"), as approved by the Board of Trustees pursuant to Article
III, §
122-7.2, of this chapter.
(2) A planned development district is considered a floating district in that the potential for one or more planned development districts exists in certain zoning districts of the Village of Montgomery, provided that the review and approval procedures and guidelines set forth in Article
XIII, §
122-66, of this chapter are followed and final approval is issued by the Board of Trustees. Said final approval will cause the official Zoning Map to be amended so that the approved PDD becomes a new district governed by the content of the Board of Trustees approval that will set forth the allowable uses, area requirements and other restrictions pertaining to each PDD. A planned development district shall only be applicable to and available in the business and industrial districts of the Village.
[Added 4-16-1996 by L.L. No. 4-1996]
A. Antique Overlay District. This district is an overlay
of various residential areas which are considered to be appropriate
for the introduction of small antique dealerships as home occupations.
Residential uses are to remain the primary allowable use within the
district with antique dealerships as home occupations being encouraged.
Such home occupations have limited impact on residential uses, particularly
along certain major roads.
(1)
The borders of the Antique Overlay District
shall include all residential properties fronting on Union Street
(NYS RT 211) from the south side of Charles Street to the north side
of Dunn Road and all residential properties fronting on Bridge Street
from the north side of Bachelor Street to the south side of Ward Street
(NYS RT 17K).
(2)
The antique home occupation use shall not occupy
more than 1/2 of the ground floor area of the dwelling.
(3)
The antique home occupation use shall not have
a separate entrance or exit from the dwelling.
(4)
No outdoor displays of antique goods, wares
or merchandise shall be permitted.
(5)
Each antique home occupation shall be permitted
one announcement sign bearing either the business name of the antique
home occupation or the word "Antiques," which must be securely affixed
to the facade of the dwelling or securely attached to the dwelling
so that no part of the sign projects over Village sidewalks or other
public property. Such sign shall not exceed a maximum length of three
feet nor a maximum width of 1 1/2 feet in size. All announcement
signs shall be subject to review by the Architecture and Historic
Review Board.
B. Senior Citizen Development Overlay District. The standards
for affordable senior housing developments shall be as follows:
[Added 9-2-2003 by L.L. No. 1-2003]
(1)
Application for site plan approval for the establishment of an affordable senior citizen housing development shall be made to the Planning Board. Such application shall include a site plan meeting all of the requirements of §
122-61F of this chapter.
(2)
It shall be the duty of the owner or his agent to file a certification with the Village Clerk and the Building Inspector indicating compliance with this Subsection B's requirements relating to the number of occupants and the age of the occupants in each dwelling unit. Such certification shall be filed no later than January 15 of each year. Failure to file such certification as required shall be deemed a violation of this §
122-7.1B, subject to penalties set forth in §
122-65 of this chapter.
(3)
No dwelling unit shall contain more than one
bedroom; except that one dwelling unit for a superintendent may be
provided, which unit shall consist of no more than three bedrooms.
(4)
The occupancy of affordable senior citizen housing
units shall be limited to two persons who qualify as "senior citizens"
under present, future or amended definitions of the governmental agency
providing subsidiary or support to the project (Federal Department
of Housing and Urban Development, New York State Division of Housing
and Community Renewal or similar or successor agencies of the federal
or state Governments) or to the families the head of which so qualifies;
except that the occupancy of a dwelling unit by a family the head
of which is younger than a senior citizen shall be permitted if it
is established that the presence of such person is essential for physical
care of an eligible occupant. In the absence of any definition, the
minimum age for eligibility shall be 55 years.
(5)
Within the affordable senior citizen housing
development, certain related ancillary facilities may be permitted,
either in a separate building or in combination with dwelling units,
such as cafeterias, self-service laundries, lounges, game rooms or
workshops, to the extent that they meet the needs of the occupants
of the development. Such facilities shall be subordinate to the residential
character of the development and shall be located out of public view,
with no advertising. Such facilities shall be approved by the Planning
Board. Approval of a site development plan for dwelling units in an
affordable senior citizen housing development in no way constitutes
approval for installation of any type of related facility.
(6)
The minimum lot size shall be three acres and
the property must front on NYS Route 17K.
[Amended 2-5-2019 by L.L.
No. 2-2019]
(7)
The gross density shall not exceed 24 dwelling
units per acre.
(8)
The minimum distance between detached buildings
shall be 40 feet.
(9)
The maximum building height shall be 40 feet
or three stories.
(10)
The required side yard and/or rear yard may
be decreased to five feet by the Planning Board.
(11)
The maximum size of a senior citizen dwelling
unit for one bedroom shall be 700 square feet.
(12)
Lot coverage shall not exceed 35%.
(13)
Suitably equipped and adequately maintained
recreation and open space shall be provided. Group sitting areas shall
be well defined by walls, fences, hedges or other plantings designated
to impart a sense of containment and/or security and to provide privacy.
(14)
There shall be provided a safe and convenient
system of drives, service access roads and walks with due consideration
given in planning such facilities to such items as handrails and ramps.
Such facilities shall be adequately lighted and said lighting shall
not be directed on adjacent streets or properties.
(15)
Central refuse collection areas shall be located
for the convenience of all units. There shall be supplied an adequate
number of covered receptacles, and these shall be provided with proper
screening and maintenance.
(16)
The number of parking spaces shall be 0.5 per
dwelling unit. Parking spaces shall be nine feet by 18 feet except
handicapped spaces, which shall meet the standards for such spaces.
(17)
The title to affordable senior citizen housing
developments shall be restricted so that, in the event of resale by
the owner or any successor, the project shall remain an affordable
senior citizen housing development for a period of 30 years from the
date of issuance of the original certificate of occupancy.
(18)
The owner of an affordable senior citizen housing
unit shall not make any internal or external structural improvements
and/or changes to a unit without first obtaining the appropriate approvals
and permits.
(19)
A site development plan of an affordable senior
citizen housing development approved in accordance with these regulations
shall remain valid for a period of two years following the approval
of the site plan by the Planning Board and all other necessary governmental
approvals as shall be needed to start construction. If, at the end
of this two-year period, no application for a building permit has
been filed, then the plan shall be considered as having expired and
shall be of no effect. However, one one-year extension may be granted
by the Planning Board if the developer shows reasonable grounds for
delay in the start of construction. Furthermore, once a building permit
is issued, if a substantial portion of the construction anticipated
under said building permit is not commenced within one year of the
issuance of the permit, the permit shall be void ab initio.
[Added 5-2-2006 by L.L. No. 3-2006]
A. Purposes. The regulations for Planned Development
Districts ("PDD") as set forth below are intended to provide a recognized
and innovative zoning and planning technique for potential new development
and/or redevelopment of areas located in the business and industrial
districts within the Village that are specifically chosen by property
owners or developers for well-designed projects that incorporate a
mixture of compatible uses, economies of scale, environmental and
community sensitivity, and creative architectural or planning concepts
that are in accordance with the Village's economic and land use policies
and goals. It is the intent of the PDD to provide for flexibility
of use, area and site development restrictions in order to encourage
responsible and high-quality developments that will be a lasting asset
to the Village and the community in which they are situated. Each
application for a PDD will be reviewed in detail and approved on a
case-by-case basis to ensure that the purposes and intent of these
regulations are met.
B. Effect of PDD approval. The decision to approve a
PDD is a legislative decision that amends the Zoning Map so that no
PDD applicant is entitled to a proposed PDD project unless and until
the Board of Trustees approves it. The approval of a PDD will create
a new zoning district, on the parcel or parcels of property for which
it is proposed, that will be governed by the terms, restrictions and
conditions of the Board of Trustees approval for that particular PDD.
C. Authorized uses within PDD. No use shall be established
and no development shall be permitted in the PDD unless specifically
approved pursuant to the procedures and standards set forth in this
section. The specific uses to be allowed in the PDD shall be approved
by the Board of Trustees. No use shall be approved as an allowable
use within a PDD if it is found by the Board of Trustees to be contrary
to the health, safety or general welfare of the residents of the Village.
The general categories of allowable uses that can be incorporated
in any PDD are as follows:
(1)
Commercial, including retail products and services
(excluding wholesale).
(2)
Office, including professional and business
(excluding large-scale medical clinics).
(3)
Single-family dwellings, including townhouses/condominiums.
(4)
Multifamily dwellings, including apartments
and condominiums.
(5)
Recreational, including outdoor and indoor facilities
(excluding arcades).
(6)
Mixed uses and mixed-use buildings (including
any combination of above uses).
D. Development density. The density of a proposed PDD
development shall be set forth initially by the applicant as part
of the PDD plan and application process and determined in the final
instance by the Board of Trustees as part of the approval process.
Generally, density of structures, infrastructure such as roads and
parking lots, and other developed areas shall be appropriate for the
site and the neighborhood in which the site is situated, taking into
account availability of services, such as sewer and water, and ability
to mitigate or contain environmental impacts.
E. Ratio of mixed uses. The proposed PDD shall have an
appropriate ratio of mixed uses that is appropriate and sustainable
for its location, Village needs and market considerations. The actual
ratio of mixed uses shall be specified by the applicant as part of
the PDD application and approved by the Board of Trustees as part
of the approval process.
F. Development standards and guidelines.
(1)
Unified control. No application for a PDD shall
be accepted or approved unless all of the property included in the
application is under unified ownership and/or control by the applicant.
(2)
Minimum area. Since the PDD technique is intended
to apply to a variety of potential types of development, no minimum
area is required, provided the applicant demonstrates that the proposed
PDD has an adequate area in which to provide a development that meets
the purposes and requirements of this section.
(3)
Preservation of natural features. Significant
natural features of a proposed site for a PDD shall be preserved whenever
possible for purposes of:
(a)
Enhancing the quality of development.
(b)
Providing adequate screening and buffering between
new development and surrounding properties.
(c)
Preserving the character of existing neighborhoods
or improving such character.
(d)
Protecting important environmental resources.
(e)
Providing for natural channels and water quality
filters for stormwater, such as vegetation along stream corridors,
wetlands, and permeable surfaces.
(4)
Preservation of historic resources. Whenever
a proposed site for a PDD has existing historic buildings, structures
or sites of significance located thereon, such resources shall be
preserved and incorporated in the design wherever possible.
(5)
Integrated architectural design. If a mixture of uses is proposed, the PDD and the plan for its development should integrate the architectural design for buildings, structures, landscaping, infrastructure facilities and common areas so that the development is of a cohesive design and that such design is appropriate for the Village. The design of any residential buildings must comply with the guidelines set forth in §
122-9. The design of any commercial or industrial buildings must comply with the design guidelines set forth in §
122-11.
[Amended 10-3-2023 by L.L. No. 1-2023]
(6)
Pedestrian system. Provision shall be made for
a pleasing and accessible pedestrian system within the proposed site
and access from without.
(7)
Streets. The PDD and the plan for its development
shall provide an appropriately designed traffic system that allows
for ease of access to and circulation within the PDD. Such system
shall take into account current traffic flows and volume as well as
that which may be generated by the PDD. Access points shall be designed
to provide smooth flow, controlled turning movements and minimum hazard
to vehicular and pedestrian traffic.
(8)
Off-street parking and loading. The proposed development shall comply with the off-street parking and loading standards set forth in Article
VII of this chapter unless it is shown that a deviation from those standards is warranted and is specifically approved during the PDD approval process. Generally, adequate parking and loading facilities must be provided for on site with minimum disruption to traffic circulation and with no increase to off-site parking.
(9)
Utilities. Underground on-site utilities are
required, including telephone, electric, cable, water distribution
laterals and sewer collection laterals.
(10)
Lighting. All lighting shall be arranged so
as to prevent direct glare or hazardous interference from the lighting
for the proposed development to adjoining streets or properties.
(11)
Common areas; open space; recreation areas.
Depending on the size of the proposed PDD and the number of residential
units or square footage of commercial space proposed, provision shall
be made for common areas, open space and recreational amenities for
residents, tenants and invitees of the PDD. Pedestrian walkways, recreational
buildings and facilities, natural open space areas, sitting areas,
natural habitats, parks and playgrounds are considered suitable amenities
depending on the density and mixture of uses of the proposed development.
Integration of various amenities throughout the development plan is
encouraged.
(12)
Ownership and maintenance. All common areas
and amenities shall be owned and operated by an appropriate legal
entity that will exist in perpetuity. The conveyance of individual
parcels within a PDD may be acceptable, provided provision is made
for continuity of restrictions and controls in the form of deed covenants,
restrictions and easements. The post-development ownership and maintenance
plan shall be part of the application and approval process. Said post-development
plan shall include a mechanism that will provide unified control and
authority over the operations of the development so that there is
one entity or individual that is responsible for enforcing the terms
and conditions of the PDD approval for all tenants, homeowners, business
owners and other users of the PDD.
(13)
Development phasing. The development of a PDD
may be proposed and approved in phases. A phasing plan shall be submitted
to the Board of Trustees as part of the PDD application materials
if development phasing is contemplated by the applicant. The Board
of Trustees shall have the authority to approve, with or without modifications
and/or conditions, or deny the phasing plan based on the following
standards:
(a)
Each phase must be related to surrounding areas
and available public facilities in such a manner that failure to proceed
to subsequent phases will not adversely affect those areas or facilities.
(b)
Each phase, when completed, must be able to
fully function on its own or in conjunction with prior phases without
dependence on subsequent phases, and each phase, shall be fully completed
prior to the final approval of subsequent phases.
(c)
The infrastructure, as installed, shall be sufficient
to accommodate each planned phase of development.
(d)
Each phase shall have an appropriate ratio of
the various uses proposed for the development.
(14)
Construction schedule. The applicant shall propose
and the Board of Trustees shall review and approve a construction
schedule for the development of an approved PDD. Generally, commencement
of development of the PDD, or the first phase if a phased PDD is approved,
must occur within three years of the date that the final site plan
of the PDD is approved. However, it is recognized that depending on
the scale and complexity of the development, consideration may be
made with respect to the reasonable time necessary for the applicant
to obtain construction financing, insurance and bonds, executing construction
contracts, and other such aspects involved in a development project.
Thus, the Board of Trustees may modify the time period allowed for
commencement of construction depending on the circumstances of each
PDD.
G. Application procedures.
(1)
Sketch plan. An application for a PDD approval
starts with submission of and review of a sketch plan pursuant to
the requirements and procedures set forth below. If the Board determines
that the proposal does not merit further review because it does not
meet the objectives of this chapter and the PDD, no further action
on the application shall be taken.
(a)
Required submissions for sketch plan conference:
[1]
Sketch plan drawn to at least approximate scale
of the proposed PDD showing at least the following:
[a] Parcel or parcels to be included
in PDD.
[b] The location of the various uses
and their areas.
[c] Approximate location of significant
natural and man-made features of land, such as wetlands, streets,
easements, buildings, etc.
[d] Proposed layout of structures,
roads and other features.
[e] Current owners of parcel(s) to
be included in PDD.
[2]
Written narrative or statement of what is to
be proposed and the merits of such proposal. Said statement shall
be of sufficient detail and scope to provide a well-developed concept
of the proposal and must include, at a minimum, the following:
[a] Total number of acres proposed
for the PDD.
[b] Type of uses proposed and ratio
of mixed uses.
[c] Number of residential and commercial
units.
[d] Preliminary density calculations
(dwelling units per acre/square footage of commercial space per acre).
[e] An explanation of how the developer's
particular mix of land uses meets existing community needs and goals.
[f] A summary of the operation and
ownership arrangements during development and post-development phases.
[g] A summary of the infrastructure
needed and/or available with respect to transportation, roads, water,
and sewer.
[h] A general description of the provisions
of other community facilities, such as schools, fire protection services
and cultural facilities, if any, and some indication of how these
needs are proposed to be accommodated.
[i] Recreational facilities and/or
amenities that will be included in the PDD plan.
[j] General description of type of
architectural and planning design standards to be proposed as part
of the PDD plan.
[k] General description of existing
land uses on parcels adjacent to the proposed PDD site.
[3]
Sketch plan fee of $350 which is nonrefundable.
(b)
The requirements in Subsection
G(1)(a) above are the minimum requirements necessary in order for the Board of Trustees to schedule a conference. The applicant may provide more detail than that indicated above.
(c)
The Board of Trustees may require the applicant
to meet with any Village staff and/or consultants that the Board deems
appropriate in order to facilitate the submission of a complete and
suitable application.
(d)
Sketch plan conference.
[1]
In this initial stage of review the applicant
must meet with the Board of Trustees in order to discuss the proposed
project and to allow the Board of Trustees and the developer to reach
an understanding on basic requirements prior to detailed design investment.
The Board of Trustees shall schedule a conference with the applicant
within 31 days of the submissions as set forth above.
[2]
The applicant shall attend the sketch plan conference
and make a presentation to the Board of Trustees describing the PDD
proposal. The intent of this conference is to provide the Board of
Trustees with sufficient information and description of the proposal
in order for the Board to preliminarily decide whether the proposal
has merit for a PDD and whether to allow the applicant to proceed
to the next stage of review.
[3]
The Board of Trustees shall, within 45 days from the date of the conference, make a preliminary determination as to whether the applicant may move on to next stage of the application process and submit a PDD application pursuant to Subsection
G(2) below. The Board of Trustees may provide the applicant comments and direction in whatever detail it deems appropriate regarding the content, design, allowed uses, ratio of mixed uses, and project size and scope that the Board will find appropriate for the formal application stage. Although said preliminary determination will not commit the Board of Trustees to any specific course of action on the PDD to be requested, the sketch plan process is intended to advise the applicant as to what may be generally acceptable and not acceptable to the Board so that the applicant has a general understanding of what is expected in the next stage of review. Generally, said preliminary determination may include the following:
[a] An identification of issues or
PDD features that must be addressed in the PDD design and application
materials, such as specific infrastructure, design and environmental
issues.
[b] A general assessment of what uses
and ratio of mixed uses would be acceptable in the location proposed.
[c] An identification of the types
of supporting documentation and studies that will be required for
submission and their general breadth and scope.
[d] An identification of involved agencies
and the approval jurisdiction that each may have with respect to aspects
of the proposal.
[e] A preliminary assessment of issues
regarding compatibility or potential incompatibility with surrounding
existing land uses and/or neighborhoods and proposed uses.
[4]
The time in which the preliminary determination
must be made may be extended upon consent from the applicant.
[5]
If it is determined by the Board of Trustees
that the sketch plan proposal does not have merit for further review
as a PDD, the applicant may submit a new proposal for another sketch
plan conference but may not submit a formal PDD application.
(2)
PDD application.
(a)
If the Board of Trustees has preliminarily determined
that the proposed PDD does have merit for further review, the applicant
may submit a formal application for a PDD that meets the submission
requirements set forth below and is consistent with the preliminary
determination of the Board pursuant to the sketch plan conference.
(b)
Required submissions for a PDD application.
The following is intended to set forth a comprehensive list of required
submissions for a PDD proposal of significant complexity, size and
scope. The Board of Trustees shall have the authority to waive certain
requirements that it deems unnecessary or inappropriate given the
size, scope and complexity (or lack thereof) of the PDD actually proposed.
It is intended that the required submissions be tailored to the actual
proposal so that unintended and/or unnecessary costs in preparing
submission materials are eliminated in the application process to
the extent practicable. The submission materials, however, are to
be complete and comprehensive with respect to the particular PDD project
proposed, so that the Board of Trustees has the opportunity to make
its decision on an appropriate record of information.
[1]
PDD preliminary site plan: a schematic site
plan, of one or more sheets, drawn to a scale of not less than one
inch to 100 feet, which shall show at a minimum the following information:
[a] Boundaries and total acreage of
proposed area to be considered for the PDD.
[b] Location of environmental features
of land comprising the proposed PDD, including but not limited to
wetland areas, ponds, streams and drainageways, tree stands and hedgerows,
topography (of contour intervals of not less than 10 feet), and any
other existing natural features, with identification of what is to
be preserved and/or removed.
[c] Location and description of all
existing man-made features on the site proposed for the PDD and on
all properties adjacent to the boundaries of the proposed PDD, such
as land uses, structures, driveways or streets, wells, sidewalks,
easements and common areas, with identification of what is to be maintained,
altered and/or removed.
[d] Layout of proposed development
including the location, areas and dimensions of proposed uses, structures,
access and internal roads, parking areas and spaces, water and sewer
system facilities and laterals, and all other site development features.
[e] Location, area and features of
each development phase if the development is proposed to be constructed
in phases.
[2]
Design drawings/guidelines: proposed architectural
drawings and guidelines applicable for all structures proposed within
the PDD, including a general narrative description of the type of
architecture proposed and how it compares to the existing architectural
features of nearby areas and proposed signage and/or signage regulations.
[3]
Landscape plan: a general but complete plan
of the significant landscape features, including buffer areas, screening
and aesthetic features.
[4]
Stormwater drainage plan with supporting engineering
documentation regarding the sufficiency of existing receiving channels
or areas and/or mitigation measures.
[5]
Traffic studies and plans.
[7]
Utility plan and report establishing either
that existing capacity exists for the PDD or the required improvements
proposed.
[8]
A written description (written narrative and
visual) that includes the following:
[a] Request for PDD with signatures
of all parties having an interest in the subject property or properties.
[b] Existing ownership of land proposed
to be included in PDD.
[c] Proposed ownership of post-development
PDD, including description of organization(s) to be utilized to own,
maintain and manage common areas, commercial space, residential units,
and infrastructure improvements and whether certain structures or
parcels within the PDD will be offered for sale or conveyance to third
parties.
[d] The proposed mixture of uses.
[f] Phasing plan, if any, including
timing of phases.
[g] Proposed offers of dedication of
land, improvements and/or easements.
[h] Post-development deed covenants,
conditions and/or restrictions applicable to individual properties
within the PDD or to the entire PDD.
[i] Schedule of general improvements
to constitute a part of the development, including, without limitation,
signage, lighting, utilities, and features designed to address noise,
visual screening, drainage, etc., if not already addressed in other
submission materials.
[j] An assessment of whether the proposed
uses within the PDD are compatible with surrounding properties and
uses (providing support for such conclusion) or, if not compatible,
what measures or design features are included in the design of the
PDD to enhance compatibility or mitigate incompatibility.
[k] An assessment of whether the proposed
PDD is consistent or compatible with the overall character of the
surrounding area and Village and, if not consistent or compatible,
the reasons why or what measures are included in the PDD proposal
to enhance compatibility or mitigate incompatibility.
[l] Proposed local law that amends
Village Zoning Map.
[9]
Full EAF or draft environmental impact statement.
[10] Application fee: a nonrefundable
fee in the amount of $750 plus a deposit in an amount sufficient to
reimburse the Village for reasonably estimated costs, including fees
of consultant(s) to be retained by the Board of Trustees in order
to assist the Board in reviewing the PDD application. Said amount
shall be based on the specific fee schedule of the particular consultant
or consultants retained as well as the scope of services to be provided
by such consultant(s). The Board of Trustees shall hold such deposit
in escrow for the sole purpose of paying the costs and fees of the
consultant(s) retained for review of the PDD proposal. The consultant
retained shall provide the Board of Trustees with detailed invoices
showing the services rendered for the time period billed, and the
Board shall provide the applicant with an opportunity to review said
invoices prior to payment. Additional deposits may be required as
the review process continues.
(c)
Procedures.
[1]
First meeting. The Village Board of Trustees
shall review the application materials submitted and make a determination
as to whether the application is complete for commencement of the
PDD review process. In order for an applicant to be on the agenda
of a special or regular Board of Trustees meeting, all application
materials must be submitted at least 10 days prior to the next scheduled
meeting.
[2]
The Board of Trustees shall have 31 days from
the first meeting at which the PDD application is on the agenda in
which to determination whether the submitted materials and documents
constitute a complete application.
[a] If the Board determines that the
application is incomplete, it shall advise the applicant, in writing,
as to what documents or materials are missing or what the deficiencies
in the submitted materials or documents are. Upon resubmission of
the application or missing materials, the Board shall have the same
time period as set forth above in which to determine completeness
of the application materials.
[b] If the Board determines that the
application is complete, it shall:
[i] Refer a complete copy of the application
materials to the Village Planning Board for its recommendation, and
the Planning Board shall have 45 days from its receipt of the application
materials in which to make a recommendation to the Board of Trustees
with respect to the proposal.
[ii] Refer a complete copy to the County
Planning Commission, if applicable, and any other agency that has
approval jurisdiction over any aspect of the proposal.
[iii] If not already performed, identify
or retain a consultant or consultants in which to assist the Board
in reviewing the application and advise the applicant as to the estimated
cost of consultant fees, the fee schedule and scope of services of
the consultants selected and the amount of deposit to be submitted
for payment of such consultant fees.
[c] Planning Board recommendation.
The date of Planning Board receipt of the application shall be the
next regular meeting of the Planning Board. The applicant may attend
such meeting in order to explain the proposal and answer any questions
the Planning Board may have. The Planning Board shall review the proposal
and provide the Board of Trustees with its recommendation as to whether
or not the proposal should be approved as a PDD and any issues or
concerns the Planning Board has on any aspect of the proposed PDD.
The Planning Board shall forward its recommendation to the Board of
Trustees within 45 days of its receipt of the application referral.
The Board of Trustees shall consider the Planning Board recommendation
but need not follow it.
[3]
Public hearing. The Board of Trustees shall
schedule a public hearing on the proposed zone change of the property
to PDD in the same manner as an amendment to this chapter. The public
hearing shall be scheduled within 31 days of its acceptance of a complete
application and receipt of the Planning Board referral recommendations,
whichever last occurs. The public hearing may be scheduled prior to
completion of the SEQRA process or in conjunction with the public
hearing on the draft environmental impact statement if the Board finds
that the public hearing may assist in its environmental review.
[4]
Decision on PDD proposal. Within 62 days after
the close of the public hearing the Board of Trustees shall decide
whether to grant approval of the proposed PDD pursuant to the reasonable
terms, conditions and requirements it deems appropriate. The decision
to grant approval of the PDD shall amend the Village Zoning Map as
a PDD for the subject property, subject to the terms and conditions
of its approval. In rendering its decision on whether to disapprove
or to grant approval of the proposed PDD, the Board of Trustees may
consider the following guidelines, among others:
[a] The need for, or suitability of,
the proposed land use or uses in the subject location.
[b] The compatibility of the proposed
PDD with the surrounding area or neighborhood in which the PDD will
be located.
[c] The safeguards provided or conditions
required so as to minimize possible detrimental effects or impacts
that the proposed PDD may have on adjacent properties, the surrounding
area in general and the Village at large.
[d] Adequacy of drainage, water supply
and sewerage disposal facilities, traffic access and municipal services
that may be required.
[e] Whether a positive or beneficial
increase in tax base can be expected when compared with cost of municipal
services to be provided.
[f] Whether the proposed PDD will further
the general welfare of Village residents with sufficient protection
for the health and safety of Village residents.
[5]
Conditions. The Board of Trustees, as part of
its decision and approval of the PDD, may set forth any conditions
that are reasonably related and incidental to the proposed project,
to the mitigation of potential impacts and/or in furtherance of the
guidelines set forth above or specified in rendering its decision.
[6]
Instructions for final site plan review and
approval. As part of its decision, the Board of Trustees shall specify,
with sufficient detail, the modifications to the site plan, if any,
that the Board requires, the construction drawings or engineering
plans for the infrastructure for the project, the phasing of construction
of the project and any other aspects of the project requiring further
review. The Board of Trustees shall delegate the further review and
approval of the final site plan and other associated drawings to the
Planning Board with specific instructions as to the scope of the Planning
Board review.
[7]
Effect of decision. The Board of Trustees' decision
to approve the PDD has the effect of amending the Zoning Map with
respect to the property approved for the PDD so that the conditions,
restrictions and terms of the PDD decision replace the zoning regulations
for that PDD district. Such terms, conditions and restrictions run
with the land and are enforceable by the Village in the same manner
as any other zoning regulations and approval conditions so that all
future owners, operators, managers and occupiers shall be subject
to same. Such approval and any of its terms, conditions and restrictions
may only be amended or modified pursuant to an application for a PDD
amendment, which shall follow the procedures and guidelines set forth
in this section. It is the intention of the PDD procedures that at
the time of the Village Board of Trustees' decision to approve the
PDD and rezone the property as set forth above, the Village and the
applicant has committed to the PDD in sufficient detail in which to
review and administer the actual development of the PDD site pursuant
to the terms, conditions and restrictions of the PDD approval.
(3)
Final site plan review. The final site plan
review and approval process is to ensure that the planned construction
and operation are in compliance with the PDD approval with respect
to all of the development details.
(a)
Submission requirements. The applicant shall submit final plans, drawings and materials as defined by the Board of Trustees as part of its PDD approval described in Subsection
G(2)(c)[6] above. Generally, these will include construction drawings and details for either the first phase or the entire project as well as such other information that is specified by the Board of Trustees or the applicant during the PDD application process. The applicant shall submit such final site plan within six months of the PDD approval. The time for submission may be extended at the discretion of the Board of Trustees.
(b)
Consultant fees. The Board of Trustees will specify that the applicant shall submit either the site plan review fees pursuant to the fee schedule for site plan review or shall reimburse the costs of Village consultants for the final site plan review and inspection fees, if any, as set forth in Subsection
G(2)(b)[10] above.
(c)
First meeting. The Planning Board shall review
the application materials submitted and make a determination as to
whether the application is complete for commencement of the final
site review process. In order for an applicant to be on the agenda
of a special or regular Planning Board meeting, all application materials
must be submitted at least 10 days prior to the next scheduled meeting.
(d)
Review process. The Planning Board shall review
and approve, approve with modifications, or deny the final site plan
and all of its components within 90 days of the complete submission.
The applicant shall attend the meetings held on the final site plan.
No public hearing is required.
(e)
Phases. The final site plan may be reviewed and approved in phases pursuant to the standards set forth in Subsection
F(13) above and the specific requirements of the PDD approval.
(f)
Approval. The Planning Board shall approve the
final site plan if the final site plan, for the entire project or
a particular phase of the project, is in accordance with the PDD approval.
Further reasonable conditions or modifications may be placed on the
final site plan approval consistent with the PDD approval. Also, the
Planning Board may approve minor changes to the site plan that are
requested by the applicant, as necessary and/or appropriate, based
on site conditions that are found subsequent to the PDD approval.
Such minor changes may include the minor realignment of roads, infrastructure,
and building sites and/or minor reduction in the number of residential
units or commercial space. Any major modification or increase in residential
units or commercial space will have to be referred to the Board of
Trustees for its review and consent.
(g)
Filing of site plan. Once the final site plan
is approved, it shall be endorsed by the Planning Board Chairman.
(h)
Commencement of development. The construction
and/or implementation of the PDD development shall not commence until
the final site plan is approved and all conditions that are to be
satisfied prior to construction are satisfied.
H. Expiration of approvals. Any PDD that has received final site plan
approval by the Planning Board shall automatically expire three years
after such approval is granted if no substantial construction of the
PDD has commenced. For the purposes of this subsection, "substantial
construction" shall mean installation of 50% of the required infrastructure,
whether intended to be public or privately owned. Upon expiration
of a PDD, the Board of Trustees shall amend the Zoning Map to designate
the Zoning District of the lands encompassed by the expired PDD. In
addition, any PDD existing as of the date of the adoption of this
subsection that has already exceeded the three-year expiration period
stated herein shall have three years from the effective date of this
subsection to complete "substantial construction" as that term is
defined herein.
[Added 7-6-2021 by L.L.
No. 3-2021]