A.
Intent.
(1)
It is the intent of this planned commercial/industrial
development (PCID) article to provide flexible land use and design
regulations for the rezoning of land so that well-designed medium-
to large-scale commercial and/or industrial developments, or a mixture
thereof, may be developed in the Town. The regulations for PCIDs are
intended to provide a means for the development of new commercial
and industrial developments, parks or sites in which certain economies
of scale or creative architectural or planning concepts may be utilized
by the developer without departing from the spirit and intent of this
chapter. PCIDs permit establishment of areas in the Town in which
medium- to large-scale commercial and/or industrial development may
be permitted pursuant to a compatible and unified plan of development
which shall be in the interest of the general welfare of the public.
(2)
This article recognizes that, while the standard
zoning function and the subdivision function are appropriate for the
regulation of the land use in areas of the Town which are already
substantially developed, these controls represent a type of preregulation,
regulatory right, and uniformity which may not be in harmony with
the techniques of land development contained in the planned commercial
development concept. Further, this article recognizes that a rigid
set of area and space requirements, along with bulk and use specifications,
would frustrate the application of this concept. Thus, where planned
commercial and/or industrial development techniques are deemed appropriate
through the rezoning of land to a PCID by the Town Board, the set
of use and dimensional specifications elsewhere in this chapter are
herein replaced with an approval process in which an approved plan
becomes the basis for continuing land use controls.
(3)
PCIDs are allowed only in the following zoning
districts: Commercial Light Industrial, Heavy Industrial, Enclosed
Shopping Center, Commercial Intensive and Commercial Intensive Exit
18.
[Amended 1-28-2011 by L.L. No. 2-2011; 4-18-2016 by L.L. No. 3-2016]
(4)
In no case shall the regulations of this article
be so interpreted as to circumvent the benefits of this chapter to
the residents or occupants of adjoining properties. PCIDs, as defined
herein, may be established only in accordance with the procedure specified
in this article.
B.
Objectives. In order to carry out the intent of this article, the Planning Board shall consider and further the following objectives and find that the above objectives are satisfied by the project proposed pursuant to this article in order to issue a favorable report to the Town Board as provided in § 179-12A-050.
(1)
The existing character of the neighborhood and/or
area in which the PCID would be located shall not be adversely altered.
(2)
The location of principal and accessory buildings
on the site in relation to one another shall be integrated into a
well-planned and efficient layout that protects significant natural
features to the maximum extent practicable and that mitigates any
adverse effects on the environment and character of the area.
(3)
The traffic circulation features within the site and the amount, location, and access to automobile parking areas shall be safe, efficient and designed to mitigate traffic impacts off-site. The proposed development shall comply with the off-street parking and loading standards set forth in Article 4 of this chapter unless it is shown that a deviation from those standards is warranted and is specifically approved during the PCID 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.
(4)
The PCID shall provide a development pattern
and mixture of uses in harmony with the objectives of the Comprehensive
Plan and consistent with the purposes and objectives of the underlying
zoning district.
(5)
The height and bulk of buildings and their relation
to other structures in the vicinity shall be of a size and scale so
as to not create drastic contrasts with existing buildings and structures
in the vicinity of the PCID. The PCID 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 area of the Town in which it is located.
(6)
There shall be adequate water supply, sewage
disposal facilities, and drainage facilities shall be designed to
maintain pre-development off-site runoff.
(7)
The proposed location, type, and size of display
signs, driveways, loading zones, and landscaping shall be integrated
to screen and buffer facilities and to create a pleasing site design.
(8)
The safeguards provided to minimize or avoid
possible detrimental effects of the proposed use on adjacent properties,
the neighborhood and the general area in which the PCID is located
shall be integrated into the PCID approval.
(9)
Ratio of mixed uses. The proposed PCID shall
have a ratio of mixed uses that is appropriate and sustainable for
its location, Town needs and market considerations. The actual ratio
of mixed uses shall be specified by the applicant as part of the PCID
application and approved by the Town Board as part of the approval
process.
(10)
Underground on-site utilities are required,
including telephone, electric, cable, water distribution laterals
and sewer collection laterals.
(11)
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.
A.
Ownership. The tract of land for a project may
be owned, leased or controlled either by a single person, partnership
or corporation, or by a group of individuals, partnerships or corporations.
An application must be filed by the owner or jointly by owners of
all property included in a project. In the case of multiple ownership,
the approved plan shall be binding on all owners. 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 PCID 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 PCID approval for all tenants, homeowners, business
owners and other users of the PCID.
B.
Minimum area. The minimum area for a PCID shall be 50 contiguous
acres of land in all districts but for the Commercial Intensive Exit
18 District where the minimum lot area shall be five acres. The Town
Board may consider projects of lesser acreage where the applicant
can demonstrate that the characteristics of his holdings meet the
purposes and objectives of this article.
[Amended 4-18-2016 by L.L. No. 3-2016]
C.
Allowed use. Any type of nonresidential use
may be permitted within an area designated as a PCID, subject to the
provisions of this article and the conditions of approval of the PCID
concerned, if any, provided that the ratio of different uses proposed
in the PCID matches the ratio of the uses allowable on the parcel
by the underlying zoning.
[Amended 4-18-2016 by L.L. No. 3-2016]
In determining whether a planned unit development (including
a PCID) should be allowed, particularly with regard to the intensity
of land use, the Town Board shall consider the following factors.
A.
The availability and adequacy of water service.
B.
The availability and adequacy of sanitary waste
disposal facilities.
C.
The availability and adequacy of transportation
systems, including the impact on the road network.
D.
The pedestrian circulation and open space in
relation to structures, throughout the proposed development, and as
part of an adjoining or future connecting Town wide open and linear
pathway system.
E.
The character of the neighborhood in which the
PCID is being proposed, including the safeguards provided to minimize
possible detrimental effects of the proposed use on adjacent properties
and the neighborhood in general.
F.
The height and mass of buildings and their relation
to other structures in the vicinity.
G.
Potential impacts on local government services.
H.
Potential impacts on environmental resources,
including wetlands, surface water, floodplains, and plant and wildlife
communities.
I.
The general ability of the land to support the
development, including such factors as slope, depth to bedrock, depth
to water table and soil type.
J.
Other factors as may be deemed appropriate by
the Town Board.
A.
Common property in a PCID is a parcel or parcels
of land, together with the improvements thereon, the use and enjoyment
of which are shared by the owners and occupants of the individual
building sites. Common property shall be allowed within a PCID and
may include private streets, drives, services, parking areas, and
recreational and open space areas.
B.
The ownership of land dedicated for park, recreation
or open space use shall be determined by the property owner or applicant.
The person or entity having the right of ownership shall be responsible
for its proper maintenance and continued upkeep. Ownership shall be
with one of the following: the Town: another public jurisdiction or
agency subject to its acceptance; a private, nonprofit organization
incorporated with a purpose consistent with the use and management
requirements of the dedicated land; shared, common interest by all
property owners in a subdivision; a condominium or cooperative association
or organization; or private ownership encumbered by a conservation
easement pursuant to § 247 of General Municipal Law or §§ 49-0301
through 49-0311 of the Environmental Conservation Law. When common
property exists in private ownership, satisfactory arrangements must
be made for the improvement, operation and maintenance of such common
property and facilities, including private streets, drives, services,
and parking areas and recreational and open space areas.
Whenever any PCID is proposed, before any permit
for the erection of a permanent building in such PCID shall be granted
and before any subdivision plat or any part thereof may be filed in
the office of the Warren County Clerk, the developer or his authorized
agent shall apply for and secure approval of such PCID in accordance
with the following procedures:
|
1.
|
Submit sketch plan to the Town Board for consideration.
If the Town Board determines that the proposal merits further review,
then it may refer the application to the Planning Board.
|
|
2.
|
Planning Board review of rezoning referral and
sketch plan and public hearing held by Planning Board.
|
|
3.
|
Planning Board report to Town Board.
|
|
4.
|
Town Board conducts a public hearing on rezoning
and conducts SEQR review.
|
|
5.
|
Upon approval of rezoning, review project elements
for subdivision or site plan approvals.
|
A.
Application for sketch plan approval.
(1)
Sketch plan drawing. The application shall include
a sketch plan drawn to scale, though it need not be to the precision
of a finished engineering drawing and it shall clearly show the following
information:
(a)
The location of the various uses
and their areas.
(b)
The general outlines of the interior
roadways system and all existing rights-of-way and easements, whether
public or private.
(c)
The interior open space system.
(d)
The overall drainage system.
(e)
If grades exceed 3% or portions
of the site have a moderate to high susceptibility to erosion or a
moderate to high susceptibility to flooding and ponding, a topographic
map showing contour intervals of not more than five feet of elevation,
along with an overlay outlining the above susceptible soil areas,
if any. If grades are less than 3%, the topographic map may be at
ten-foot contour intervals.
(f)
Principal ties to the community
at large with respect to transportation, water supply and sewage disposal.
(g)
A location map showing uses and
ownership of abutting lands.
(h)
A long-form environmental assessment
form.
(2)
Additional sketch plan documentation. In addition,
the following documentation shall accompany the sketch plan:
(a)
Evidence of how the developer's
particular mix of land uses meets existing community demands.
(b)
A general statement as to how common
open space is to be owned and maintained.
(c)
If the development is to be staged,
a general indication of how the staging is to proceed. Whether or
not the development is to be staged, the sketch plan of this section
shall show the intended total project.
(d)
A description of how the plan is
in conformance with the Town's Comprehensive Plan.
(e)
Evidence of the applicant's physical
and financial competence to carry out the plan and his awareness of
the scope of such a project.
(f)
A draft Zoning Ordinance amendment
applicable to the project for review by the Town Board. The draft
shall identify all amendments to the ordinance required by the PCID.
(g)
A fiscal impact analysis identifying
projected short- and long-term impacts on municipal and school district
budgets.
(3)
In order to allow the Town Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit an application of his proposal to the Town Board. The Town Board, at its next regularly scheduled meeting, may, if it determines that the proposal merits review, refer the application to the Planning Board for review and recommendation. The date of Planning Board receipt of the application shall be the next regular meeting of the Planning Board. If the Town Board determines that the proposal does not merit review because it does not meet the objectives of this article, it shall not refer the application to the Planning Board and no further action on the application shall be taken. After referral by the Town Board and after receipt of all required information, as determined by the Planning Board, the Planning Board shall hold a public hearing in accordance with the hearing requirements of § 179-16-120 of this chapter and shall render either a favorable or an unfavorable report to the Town Board within 45 days of the closing of the public hearing.
(4)
In reviewing the sketch plan, the Planning Board
may call upon the County Planning Department and any other public
or private agencies or consultants that the Board feels are necessary
to provide a sound review of the proposal. In addition to the fee
listed on the schedule of fees, the Planning Board may charge a fee
to developers of projects requiring legal and technical review, provided
that the fee reflects the actual cost of legal and technical assistance
to the Planning Board.
(5)
A favorable report shall include a recommendation to the Town Board that the proposal has merit and should proceed to further consideration by the Town Board, including a public hearing to be held for the purpose of considering planned commercial/industrial development districting. It shall set forth the reasons supporting the recommendation and shall be based on the objectives set forth in § 179-12A-010. Said report must include, at a minimum, the following findings, which shall be included as part of this report:
(a)
That the proposal meets the intent
and objectives of planned commercial/industrial development, as expressed
in this article.
(b)
That the proposal meets all the
general requirements in this article.
(c)
That the proposal is conceptually
sound in that it conforms to accepted design principles in the proposed
functional roadway system, land use configuration, open space system,
drainage system and scale of the elements, both absolutely and to
one another.
(d)
That there are adequate services
and utilities available or proposed to be made available in the construction
of the development.
(e)
That the proposal is in accordance
with the Comprehensive Plan and furthers the policies, goals and/or
objectives of the Comprehensive Plan.
(6)
An unfavorable report shall state clearly the
reasons therefor and, if appropriate, point out to the applicant what
might be necessary in order to receive a favorable report. The applicant
may, within 10 days after receiving an unfavorable report, file an
application for planned commercial/industrial development districting
with the Town Board. The Town Board may then determine, on its own
initiative, whether or not it wishes to call a public hearing. If
the Town Board determines not to hold a hearing, no further action
shall be taken and the application shall be considered denied.
(7)
If no report has been rendered by the Planning
Board after 45 days from the date of the closing of the public hearing,
the applicant may proceed as if an unfavorable report was issued by
the Planning Board.
B.
(Reserved)
C.
Application for planned commercial/industrial
development districting.
(1)
Upon receipt of a favorable report from the
Planning Board or upon its own determination subsequent to an appeal
from an unfavorable report, the Town Board shall conduct a public
hearing for the purpose of considering planned commercial development
districting for the applicant's plan, in accordance with the procedures
established by the Town Board for holding meetings, said public hearing
to be conducted within 45 days of the receipt of the favorable report
or the decision on appeal from an unfavorable report.
(2)
If required, the Town Board shall refer the
application to the Warren County Planning Board for its analysis and
recommendations if required by New York State General Municipal Law
§ 239-m, and the Town Board shall also refer the application
to such other agencies or consultants it deems appropriate. If County
Planning Board review is not required, the Town Board may still refer
the application for its review and recommendations.
(3)
Within 30 days following receipt of the report
from the County Planning Board, the Town Board shall render its decision
on the application.
D.
Zoning for planned commercial development district.
If the Town Board grants the planned commercial development districting,
the Zoning Map shall be so noted. The Town Board shall, in order to
fully protect the public health, safety and welfare of the community,
attach to its zoning resolution any additional conditions or requirements
for the applicant to meet. Such requirements may include, but are
not confined to, visual and acoustical screening, land use mixes,
order of construction and/or occupancy, circulation systems, both
vehicular and pedestrian, availability of sites within the area for
necessary public services such as schools, firehouses, and libraries,
protection of natural and/or historic sites and other physical or
social demands.
E.
Site plan and subdivision approvals. Subsequent to obtaining any rezoning under this article, individual project elements shall be subject to subdivision or site plan approvals, as applicable. The procedure for such approvals shall be as specified in Article 9, Site Plan Review, of this chapter for site plan approvals and in the Town of Queensbury Subdivision Regulations for subdivision approvals.[1] Due to the intent of PCIDs and their flexible, yet cohesive,
nature, the subdivision and site plan approval processes may take
place simultaneously. Where procedures are in conflict, the more restrictive
process will apply.
If it becomes apparent in the subdivision and/or
site plan review process that certain elements of the sketch plan,
as approved by the Town Board, are not feasible and need significant
modification, the applicant shall present solutions to the Planning
Board to address the PCID subdivision and/or site plans, in accordance
with all of the above procedures. The Planning Board shall then determine
whether or not the modified plan is still in keeping with the intent
of the local law creating the PCID. If a negative decision is reached,
the site plan shall be considered disapproved. The applicant may then
produce another site plan in accordance with the approved PCID plan.
If an affirmative decision is reached, the Planning Board shall so
notify the Town Board, stating all of the particulars of the matter
and its reason for feeling the project should be continued as modified.
Preliminary site plan approval may then be given only with the consent
of the Town Board.
A.
If the applicant wishes to develop the PCID
in phases, or if the Town Board wishes to require that development
be phased, the applicant may then submit only those phases for site
plan review and/or subdivision approval per the approved staging plan.
Any plan anticipated to require more than 24 months to be completed
shall be required to be phased, and a phasing plan must be developed.
The Zoning Administrator may withhold the issuance of zoning or building
permits if the approved phasing plan is not being followed. A phasing
plan shall be submitted to the Board of Trustees as part of the PCID
application materials if development phasing is contemplated by the
applicant. The Town Board shall have the authority to approve, with
or without modifications and/or conditions, or deny the phasing plan
based on the following standards:
(1)
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.
(2)
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.
(3)
The infrastructure, as installed, shall be sufficient
to accommodate each planned phase of development.
(4)
Each phase shall have an appropriate ratio of
the various uses proposed for the development.
B.
Construction schedule. The applicant shall propose
and the Town Board shall review and approve a construction schedule
for the development of an approved PCID. Generally, commencement of
development of the PCID, or the first phase if a phased PCID is approved,
must occur within two years of the date that the final site plan of
the PCID 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 Town Board may modify the time period allowed for commencement
of construction depending on the circumstances of each PCID.
No zoning or building permits shall be issued for construction of a stage of development within a PCID until improvements, relevant to such stage of development, are installed or financial security is posted in accordance with the procedures of § 179-12A-090 of this chapter and/or the Town of Queensbury Subdivision Regulations.[1]
The Town Board may require the posting of financial
security in the form of a bond, letter of credit or other instrument
in order to ensure that improvements are carried out as specified
in the plans and approvals. The Boards shall follow the procedures
in the Town of Queensbury Subdivision Regulations[1] or New York State Town Law § 277(9) for such
financial security.
Unless otherwise specified or extended by the
Town Board, any PCID approval shall expire if the applicant fails
to undertake the proposed action or project within one year from the
filing date of such decision thereof.
All Planning Board decisions shall be filed
with the Town Board and Town Clerk, and the Town Board shall file
all decisions with the Planning Board and the Town Clerk. The applicant
shall receive copies of all decisions.
A.
Fees for planned commercial/industrial developments shall be set in accordance with a schedule of fees as adopted by the Town Board pursuant to § 179-16-110.
B.
In addition to the fee listed on the schedule
of fees, the Town may charge a fee to developers of projects requiring
legal and technical review, provided that the fee charged reflects
the actual cost of legal and technical assistance to the Planning
Board and the Town Board.
