The Village of Coxsackie is hereby divided into the following
types of districts:
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WRC
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Waterfront Recreation District
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RRA
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Rural Residential Agriculture District
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WR
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Waterfront Residential District
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MDR-1
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Medium Density Residential District
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MDR-2
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Medium Density Residential District
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MR
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Mixed Residential District
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CSR
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Community Services and Recreation District
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VC
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Village Center District
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WD
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Waterfront Development District
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NC
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Neighborhood Commercial District
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CC
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Community Commercial District
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I
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Industrial District
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PO
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Professional Office Overlay District
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PDD
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Planned Development District
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Said districts are bound and defined as shown on a map entitled
"Zoning Map, Village of Coxsackie," appended hereto at the end of
this Code, adopted by the Board of Trustees and certified by the Village
Clerk, which accompanies and which, with all explanatory matter thereon
and included herein, is hereby made a part of this chapter and is
hereinafter referred to as the "Zoning Map."
Where uncertainty exists with respect to the boundaries of any
of the aforesaid districts as shown on the Zoning Map, the following
rules shall apply:
A.
Where district boundaries are indicated as approximately following
the center lines of streets or highways, street lines or highway right-of-way
lines, such center lines, street lines or highway right-of-way lines
shall be construed to be such boundaries. However, in some instances,
in order not to completely obscure the streets as shown on the Zoning
Map, where the district boundaries are overlaid on the street lines,
these overlaid lines shall be considered as following the center lines
of the streets.
B.
Where district boundaries are so indicated that they approximately
follow the lot lines, such lot lines shall be construed to be said
boundaries.
C.
Where district boundaries are so indicated that they are approximately
parallel to the center lines or right-of-way lines of streets or the
center lines or right-of-way lines of highways, such district boundaries
shall be construed as being parallel thereto and at a distance of
500 feet therefrom, unless otherwise specified on the Zoning Map.
D.
Where the boundary of a district follows a stream, lake or other
body of water, said boundary line shall be deemed to be at the limit
of the jurisdiction of the Village of Coxsackie, unless otherwise
indicated.
E.
Where district boundaries are so indicated that they approximately
follow shorelines, such boundaries shall be construed as following
shorelines; and, in the event of a change in the shoreline, such boundary
shall be construed as being the municipal boundary at the center line
of the Hudson River.
F.
In unsubdivided land where a district boundary divides a lot, the
location of such boundary, unless the same is indicated by dimensions
shown on the map, shall be determined by the use of the scale appearing
thereon.
A.
Purpose and intent.
(1)
Areas of the Village designated under this district are adjacent
to the Hudson River. The purpose of this district is to protect the
waterfront and allow for low-impact water-dependent and water-related
recreational uses appropriate for the community and the Hudson Riverfront.
(2)
The specific purposes of this district include the following:
(a)
To preserve natural, scenic and historic values along the Hudson
River.
(b)
To preserve woodlands, wetlands and other green space.
(c)
To regulate uses and structures along the Hudson River to avoid
increased erosion and sedimentation.
(d)
To encourage compatible land uses along the Hudson River.
(e)
To recognize areas of significant environmental sensitivity
that should not be intensely developed.
(f)
To allow reasonable uses of lands while directing more intense
development to the most appropriate areas of the community.
B.
Permitted and special permit uses. See Schedule A, Use Regulations
for Residential Districts, of this chapter.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
Accessory uses and structures. Accessory uses and structures are permitted in the Waterfront Recreation District subject to the provisions of § 155-25 of this chapter. In addition, accessory uses and structures located in the WRC District shall comply with the following standards:
(1)
Private garages, storage and parking areas shall not be located on
the side of the property that fronts the river.
(2)
Storage structures for nonresidential uses (i.e., rental boat storage),
not to exceed a height of 16 feet, shall be screened from view by
neighboring properties and water bodies with the use of vegetation,
fencing or berming, or any combination thereof.
D.
Development regulations. See Schedule C, Dimensional Standards, of
this chapter[2] and the following additional provisions:
(1)
Setback requirements.
(a)
The minimum setback from the high water mark of the river shall
be 50 feet horizontally away from and paralleling the river.
(b)
Structures for a retail or service business demonstrated to
be water-dependent or water-related may be authorized within the required
setback distance with an application for a special permit; however,
the Planning Board shall have the authority to impose additional conditions
as may be warranted.
(2)
Natural vegetation strip. A natural vegetation strip shall be maintained
on each parcel or lot between the normal high water mark of the river
and a point 25 feet from and perpendicular to the normal high water
mark. Removal of vegetation in the natural vegetation strip shall
require a special permit in accordance with the following requirements:
(a)
No clear-cutting shall be allowed.
(b)
Limbing of trees is allowed except that no more than 50% of
total tree height may be removed.
(c)
One hundred percent of the vegetation strip may be selectively
thinned as follows: No more than 35% of the number of trees six inches
in diameter at 4.5 feet above the ground, or larger, shall be cut
in any ten-year period. In second-growth woodlands where there are
relatively few trees of this diameter, no more than 25% of trees four
inches in diameter at 4.5 feet above the ground, or larger, shall
be cut in any ten-year period. Additional trees may be removed if
the applicant can demonstrate one or more of the following conditions:
[1]
It is clearly necessary for traffic safety.
[2]
It is clearly necessary for the development of an approved principal
or accessory use or building, street, sidewalk, paved area, driveway,
stormwater facility, utility or sewage system.
[3]
It is within 25 feet of the foundation of an approved structure.
[4]
It is diseased, dead or poses a clear danger to a structure,
utility or public improvement.
[5]
It is related to agricultural activities, such as orchards or
cultivation activities.
(d)
Existing soil and organic matter shall not be altered or disturbed
within the vegetation strip.
(e)
No structures shall be permitted within the vegetation strip,
with the exception of docks, benches, picnic tables, boat ramps, pump
houses, pervious walkways and elevated walkways which provide the
property owner with reasonable access to the water. Park-related furnishings
(benches, picnic tables, pavilions, refuse containers, etc.) and vehicular
parking areas shall be permitted, if associated with public recreation
areas or public access to the river. Commercial uses with water-dependent
or water-enhanced uses permitted in the district may be located in
the vegetation strip with the approval of a special permit from the
Planning Board.
(f)
No unsightly, offensive or potentially polluting material, including
but not limited to lawn clippings, leaves, garbage, refuse containers,
junk cars, junk appliances or toxic materials, may be dumped or stored
within the natural vegetation strip, except for refuse containers
and fuel storage and dispensing for permitted commercial uses that
obtain a special permit for operating in the vegetation strip. The
vegetation strip shall not contain commercial or industrial storage
or display, manufacturing or processing activity, loading and unloading
areas or vehicular parking areas.
(g)
Where there is no preexisting natural vegetation, developers
shall provide vegetation which shall substantially screen the proposed
development from the water. The width of this revegetated strip should
be at least 75 feet from the high water mark of the river. The plant
material should consist of indigenous trees and shrubs.
(h)
Reasonable efforts shall be taken during construction to ensure
that trees protected by this section are not accidentally injured
or removed, including root compaction by equipment or change in grade
level. The developer shall provide the Village with a tree replacement
plan for any protected trees which are destroyed or injured.
(3)
Protection of water quality.
(a)
Subsurface disposal systems for septic wastes shall be located
no less than 100 feet from the normal high water mark.
(b)
There shall be no disturbance of existing wetlands located within
the WRC District, unless appropriate mitigation measures are defined
and approved.
(c)
Sedimentation basins should be located between new development
and the river.
(5)
Agricultural activities. Soil shall not be tilled within 50 feet
of the high water mark of the river.
(6)
Additional requirements and standards.
(a)
Any permits required by the Army Corp of Engineers and New York
State must be received prior to final approval from the Planning Board.
(b)
(c)
When located adjacent to historic structures, new buildings
shall reflect the architectural character of the existing historic
structure.
[2]
Editor's Note: Schedule C is included at the end of this chapter.
E.
Site plan. Any proposed principal building or any proposed or expanded paved area larger than 5,000 square feet that would be partially or entirely located within the WRC District shall be submitted for review by the Planning Board. Site plan review shall be conducted in accordance with the procedures established in Article X.
F.
Modifications. The Planning Board may authorize modifications to
the requirements of this section upon a finding that such action is
necessary to eliminate practical difficulties associated with the
strict interpretation of these requirements and that the result will
further the purpose and intent of this district.
A.
Purpose. Areas of the Village designated under this district are
intended for lower density residential development that is reflective
of the rural character of the area and adjacent lands in the Village.
This district allows for agricultural uses, low-density residential
development and limited rural commercial uses.
B.
Permitted and special permit uses. See Schedule A, Use Regulations
for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose and intent.
(1)
Areas of the Village designated under this district are adjacent
to the Hudson River. The purpose of this district is to protect the
waterfront, maintain the existing residential character and allow
for low-impact water-dependent and water-related recreational uses
appropriate for the community and the Hudson Riverfront.
(2)
The specific purposes of this district include the following:
(a)
To preserve natural, scenic and historic values along the Hudson
River.
(b)
To preserve woodlands, wetlands and other green space.
(c)
To regulate uses and structures along the Hudson River to avoid
increased erosion and sedimentation.
(d)
To encourage compatible land uses along the Hudson River.
(e)
To recognize areas of significant environmental sensitivity
that should not be intensely developed.
(f)
To allow reasonable uses of lands while directing more intense
development to the most appropriate areas of the community.
B.
Permitted and special permit uses. See Schedule A, Use Regulations
for Residential Districts, of this chapter.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
Accessory uses and structures. Accessory uses and structures are permitted in the Waterfront Residential District subject to the provisions of § 155-25 of this chapter. In addition, accessory uses and structures located in the WR District shall comply with the following standards:
(1)
Private garages, storage and parking areas shall not be located on
the side of the property that fronts the river.
(2)
Storage structures for nonresidential uses (i.e., rental boat storage),
not to exceed a height of 16 feet, shall be screened from view by
neighboring properties and water bodies with the use of vegetation,
fencing or berming, or any combination thereof.
D.
Development regulations. See Schedule C, Dimensional Standards, of
this chapter[2] and the following additional provisions:
(1)
Setback requirements.
(a)
The minimum setback from the high water mark of the river shall
be 50 feet horizontally away from and paralleling the river.
(b)
Structures demonstrated for a business that is water-dependent
or water-related may be authorized within the required setback distance
with an application for a special permit; however, the Planning Board
shall have the authority to impose additional conditions as may be
warranted.
(2)
Natural vegetation strip. A natural vegetation strip shall be maintained
on each parcel or lot between the normal high water mark of the river
and a point 25 feet from and perpendicular to the normal high water
mark. Removal of vegetation in the natural vegetation strip shall
require a special permit in accordance with the following requirements:
(a)
No clear-cutting shall be allowed.
(b)
Limbing of trees is allowed except that no more than 50% of
total tree height may be removed.
(c)
One hundred percent of the vegetation strip may be selectively
thinned as follows: No more than 35% of the number of trees six inches
in diameter at 4.5 feet above the ground, or larger, shall be cut
in any ten-year period. In second-growth woodlands where there are
relatively few trees of this diameter, no more than 25% of trees four
inches in diameter at 4.5 feet above the ground, or larger, shall
be cut in any ten-year period. Additional trees may be removed if
the applicant can demonstrate one or more of the following conditions:
[1]
It is clearly necessary for traffic safety.
[2]
It is clearly necessary for the development of an approved principal
or accessory use or building, street, sidewalk, paved area, driveway,
stormwater facility, utility or sewage system.
[3]
It is within 25 feet of the foundation of an approved structure.
[4]
It is diseased, dead or poses a clear danger to a structure,
utility or public improvement.
[5]
It is related to agricultural activities, such as orchards or
cultivation activities.
(d)
Existing soil and organic matter shall not be altered or disturbed
within the vegetation strip.
(e)
No structures shall be permitted within the vegetation strip,
with the exception of docks, boat ramps, pump houses, pervious walkways
and elevated walkways which provide the property owner with reasonable
access to the water. Park-related furnishings (benches, picnic tables,
pavilions, refuse containers, etc.) and vehicular parking areas shall
be permitted, if associated with public recreation areas or public
access to the river. Commercial uses permitted in the district may
be located in the vegetation strip with the approval of a special
permit from the Planning Board.
(f)
No unsightly, offensive or potentially polluting material, including
but not limited to lawn clippings, leaves, garbage, refuse containers,
junk cars, junk appliances or toxic materials, may be dumped or stored
within the natural vegetation strip, except for refuse containers
and fuel storage and dispensing for permitted commercial uses that
obtain a special permit for operating in the vegetation strip. The
vegetation strip shall not contain commercial or industrial storage
or display, manufacturing or processing activity, loading and unloading
areas or vehicular parking areas.
(g)
Where there is no preexisting natural vegetation, developers
shall provide vegetation which shall substantially screen the proposed
development from the water. The width of this revegetated strip should
be at least 75 feet from the high water mark of the river. The plant
material should consist of indigenous trees and shrubs.
(h)
Reasonable efforts shall be taken during construction to ensure
that trees protected by this section are not accidentally injured
or removed, including root compaction by equipment or change in grade
level. The developer shall provide the Village with a tree replacement
plan for any protected trees which are destroyed or injured.
(3)
Protection of water quality.
(a)
Subsurface disposal systems for septic wastes shall be located
no less than 100 feet from the normal high water mark.
(b)
There shall be no disturbance of existing wetlands located within
the WR District, unless appropriate mitigation measures are defined
and approved.
(c)
Sedimentation basins should be located between new development
and the river.
(5)
Agricultural activities. Soil shall not be tilled within 50 feet
of the high water mark of the river.
(6)
Additional requirements and standards.
(a)
Any permits required by the Army Corps of Engineers and New
York State must be received prior to final approval from the Planning
Board.
(b)
(c)
New development shall not interfere with or in any way prohibit,
hinder or discourage the development of waterfront trails. New developments
shall provide opportunities for trail development.
(d)
When located adjacent to historic structures, new buildings
shall reflect the architectural character of the existing historic
structure.
[2]
Editor's Note: Schedule C is included at the end of this chapter.
E.
Site plan. Any proposed principal building or any proposed or expanded paved area larger than 5,000 square feet that would be partially or entirely located within the WR District shall be submitted for review by the Planning Board. Site plan review shall be conducted in accordance with the procedures established in Article X.
F.
Modifications. The Planning Board may authorize modifications to
the requirements of this section upon a finding that such action is
necessary to eliminate practical difficulties associated with the
strict interpretation of these requirements and that the result will
further the purpose and intent of this district.
A.
Purpose. Areas of the Village designated under this district are
located in areas with adequate infrastructure for moderately dense
residential development, including single-family detached, attached
and two-family dwellings, as well as limited commercial and institutional
uses.
B.
Permitted and special Permit uses. See Schedule A, Use Regulations
for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose. Areas of the Village designated under this district are
located in areas with adequate infrastructure for moderately dense
residential development, including single-family detached, attached
and two-family dwellings, as well as limited commercial and institutional
uses.
B.
Permitted and special permit uses. See Schedule A, Use Regulations
for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose. Areas of the Village designated under this district are
located in areas with adequate infrastructure for moderately dense
residential development, including single-family detached, attached
and two-family dwellings, manufactured home parks, as well as limited
commercial and institutional uses.
B.
Permitted and special permit uses. See Schedule A, Use Regulations
for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose. Areas of the Village designated under this district allow
for a variety of higher density residential uses adjacent to the Village
Center. Uses include attached or detached single-family, two-family
and multifamily dwelling and limited commercial and institutional
uses. The district intends to promote pedestrian-oriented neighborhoods
within easy walking distance of amenities in the Village.
B.
Permitted and special permit uses. See Schedule A, Use Regulations
for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose. Areas of the Village designated under this district encourage
central locations for the Village's institutional, civic, recreation
and open space uses.
B.
Permitted and special permit uses. See Schedule B, Use Regulations
for Nonresidential/Mixed-Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose. The area of the Village designated under this district is
the historic Village center. The district is intended to allow for
commercial uses and community services in a high-density setting while
promoting architectural design that is compatible with the overall
historic character of the Village of Coxsackie. The district allows
a variety of uses, including retail sales and services, restaurants
and offices, among others, in a compact, pedestrian-oriented environment.
B.
Permitted and special permit uses. See Schedule B, Use Regulations
for Nonresidential/Mixed-Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose.
(1)
Areas of the Village designated under this district provide unique
opportunities for the development and maintenance of water-oriented
uses adjacent to the Hudson River and the Village's central business
district. The WD District permits certain business, residential and
recreational uses which will generally benefit from and enhance the
unique aesthetic, recreational and environmental qualities of the
waterfront areas.
(2)
The specific purposes of this district include the following:
(a)
To provide for a desirable mix of water-dependent and water-enhanced
recreational opportunities, business uses and residential uses which
complement each other and take advantage of the unique locational
characteristics of the Hudson River.
(b)
To promote the most desirable and appropriate use of land and
building development based upon consideration of land and soil characteristics
and other natural features, environmental constraints, neighborhood
characteristics and overall community needs, while also protecting
the character of the district, conserving the value of land and buildings,
and protecting the tax revenue base.
(c)
To ensure that development and land or water use activities
occur in harmony with the environmental and ecological systems that
exist along the Hudson River.
(d)
To encourage design of land development that preserves unique
historic and environmental features and maintains the aesthetic quality
of waterfront areas by establishing appropriate design that promotes
creative and imaginative design for development of waterfront areas
while being compatible with the adjacent historic district.
(e)
To promote the maintenance and/or extension of public access
to the river in a manner that is compatible with the primary purpose
of the proposed development or activity.
(f)
To promote opportunities for increased tourism.
(g)
To encourage appropriate and safe water surface use on the river.
(h)
To preserve, to the maximum extent practicable, the existing
vegetation and natural features along the Hudson River and to prevent,
as much as possible, erosion, sedimentation and problems with drainage
both during and after construction.
B.
Permitted uses and special permit uses. See Schedule B, Use Regulations
for Nonresidential/Mixed-Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
C.
Accessory uses and structures. Accessory uses and structures are permitted in the Waterfront Development District subject to the provisions of § 155-25 of this chapter. In addition, accessory uses and structures located in the WD District shall comply with the following standards:
(1)
Private garages, storage and parking areas shall not be located on
the side of the property that fronts the river.
(2)
Storage structures for nonresidential uses (i.e., rental boat storage),
not to exceed a height of 16 feet, shall be screened from view by
neighboring properties and water bodies with the use of vegetation,
fencing or berming, or any combination thereof.
D.
Development regulations. See Schedule C, Dimensional Standards,[2] of this chapter and the following additional provisions:
(1)
Setback requirements.
(a)
The minimum setback from the high water mark of the river shall
be 50 feet horizontally away from and paralleling the river.
(b)
Structures of a retail or service business demonstrated to be
water-dependent or water-related may be authorized within the required
setback distance with an application for a special permit; however,
the Planning Board shall have the authority to impose additional conditions
as may be warranted.
(2)
Protection of water quality.
(a)
Subsurface disposal systems for septic wastes shall be located
no less than 100 feet from the normal high water mark.
(b)
There shall be no disturbance of existing wetlands located within
the WD District, unless appropriate mitigation measures are defined
and approved.
(c)
Sedimentation basins should be located between new development
and the river.
[2]
Editor's Note: Schedule C is included at the end of this chapter.
E.
Parking and loading requirements. Off-street parking requirements applicable in the WD District are set forth in Article V, Off-Street Parking and Loading, of this chapter.
F.
Docking requirements.
(1)
Not more than one boat slip shall be permitted per residence.
(2)
Multiple boat slips may be clustered.
(3)
Bulkhead docks or off-channel basins are preferred for permanent
docking.
(4)
Commercial docking requirements are flexible based upon the following
considerations: parking adequacy, river width, navigation channel
width and water surface use.
G.
Site plan. Any proposed principal building or any proposed or expanded paved area larger than 3,000 square feet that would be partially or entirely located within the WD District shall be submitted for review by the Planning Board. Site plan review shall be conducted in accordance with the procedures established in Article X.
H.
Modifications. The Planning Board may authorize modifications to
the requirements of this section upon a finding that such action is
necessary to eliminate practical difficulties associated with the
strict interpretation of these requirements and that the result will
further the purpose and intent of this district.
A.
Purpose. Areas of the Village designated under this district are
intended to allow for a variety of neighborhood-scale commercial uses
and community services, including retail sales and services, restaurants
and offices to meet the Village's needs. The district is of a pedestrian
scale intended to allow for both pedestrian and automobile access
via limited off-street parking.
B.
Permitted and special permit uses. See Schedule B, Use Regulations
for Nonresidential/Mixed-Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose. Areas of the Village designated under this district are
intended to allow for a variety of commercial uses in a more automobile-oriented
setting. This district allows for retail sales and services, restaurants
and offices for the larger community.
B.
Permitted and special permit uses. See Schedule B, Use Regulations
for Nonresidential/Mixed-Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose. Areas of the Village designated under this district are
intended to encourage industrial development in appropriate areas,
to concentrate industries to minimize the environmental impacts and
conflicts with other types of development in the Village, and to locate
industry close to labor supplies and commercial services.
B.
Permitted and special permit uses. See Schedule B, Use Regulations
for Nonresidential/Mixed-Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Legislative intent.
(1)
It is the intent of this section to provide performance criteria
in the context of flexible use and design regulations so areas may
be developed, incorporating a variety of uses, containing both individual
building sites and common property, which are planned and developed
as a unit. In adopting this section, the Village Board declares that
it is its intent to:
(2)
The Village Board further declares that while the standard zoning
functions (use and bulk) and the subdivision functions (platting and
design) are appropriate for the regulation of land use, these controls
represent a type of regulatory rigidity and uniformity which may not
be best suited to the development of land contained in the planned
development concept. Further, this section recognizes that a rigid
set of space requirements, along with bulk and use specifications,
would frustrate the application of this concept. Thus, where planned
development techniques are deemed appropriate through the rezoning
of land to a Planned Development District by the Village Board, the
set of use and dimensional specifications located elsewhere in this
chapter are herein replaced by an approval process in which an approved
plan becomes the basis for continuing land use controls.
(3)
In order to carry out the intention of this section, a planned development
shall achieve the following objectives:
(a)
A choice in the types of environment, tenure type and community
facilities available to existing and potential Village residents at
all economic levels.
(b)
More useable open space and recreation areas.
(c)
Preservation of trees and outstanding natural topographic and
ecological features.
(d)
A creative use of land and related physical development, which
allows an orderly transition of land from a vacant state to a developed
state.
(e)
An efficient use of land, resulting in economical networks of
utilities and streets.
(f)
A development pattern in harmony with the planning objectives
of the Village.
B.
General requirements.
(1)
Permitted uses.
(a)
Uses within an area designated as a Planned Development District
are to be determined by the provisions of this section as well as
the conditions of the approval of each planned development project.
(b)
Permitted accessory uses as permitted by the Village Board which
shall be in harmony with and customarily incident to the principal
use or building and located on the same lot or parcel of land.
(2)
Minimum area. The minimum development area required to qualify for
a Planned Development Zone designation shall be five acres in the
case of a commercial PDD, 10 acres in the case of a mixed-use PDD,
and 10 acres in the case of a senior citizen PDD.
(3)
Ownership. The ownership tract of land under application for consideration
for a Planned Development Zone may be owned, leased or controlled
either by a single person or corporation or by a group of individuals
or corporations. An application must be filed by the owner or jointly
by the owners, or their agent(s), of all property included in the
project. The approved plan shall be binding upon all the property
owners, and such owners shall provide written certification of such
binding agreements.
(4)
Location of Planned Development District. The Planned Development District may be applicable to any area of the Village where the applicant can demonstrate that the characteristics of the area will meet the objectives of Subsection A.
(5)
Density. To more effectively utilize land in a planned development,
improved environmental quality can usually be produced with greater
density than is usually permitted in traditional zoning districts.
The Village Board shall determine in each case the appropriate land
use intensity and/or dwelling unit density for individual projects.
The determination of land use intensity ratings or dwelling unit density
shall be thoroughly documented, including all facts, opinions and
judgments justifying the selection of the densities.
(6)
Commercial planned development uses. Permitted principal uses: commercial and business uses of a variety of types, such as research and development facilities, high technology assembly, professional offices, commercial recreation facilities, retail and service establishments that would compliment other commercial uses and such other uses as may be deemed appropriate for the area under consideration by the Village Board and in keeping with this section and the objectives found in Subsection A.
(7)
Mixed-use planned development uses. A mixed-use planned development shall reflect the elements expressed in previous sections of these planned development requirements, including the objectives found in Subsection A. The mixed-use planned development may incorporate a variety of housing types such as detached, semidetached, attached, apartments, or any combination thereof, and commercial and business uses, as outlined in Subsection A, to achieve its objectives. Commercial uses shall include retail and service establishments that complement the other PDD uses, high technology, assembly, professional offices and commercial recreation, as outlined in Subsection A, to achieve its objectives.
(8)
Senior citizen planned development. A senior citizen planned development
may incorporate a variety of housing types as set forth heretofore.
Occupancy shall be limited to senior citizens, handicapped persons,
or senior citizen or handicapped families. Housing types may include
apartments, accessory apartments, senior cottages, townhouses, or
continuing care communities that include townhouses, apartments, nursing
care in a campus setting or assisted living care.
(9)
Open space requirements.
(a)
Common open space totaling not less than 30% of the total Planned
Development District shall be provided in perpetuity.
(b)
Parking areas, roads, house sites, other impervious surfaces,
and their improvements shall not be included in the calculation to
determine the amount of available open space. However, the entire
tract, apart from theses exceptions, shall be considered in determining
the required amount of open space. The following facilities or improvements
may be located on open space land; common septic systems, water systems,
stormwater systems, bike paths, walking trails and other common community
facilities that do not involve buildings, such as tennis courts, swimming
pools and playgrounds.
(c)
The location, size and character of the open space must be suitable
for the PDD and must be used for amenity or recreational purposes.
(d)
The proposed development design shall strictly minimize disturbance
of environmentally sensitive areas. The Planning Board shall encourage
areas of open space to be connected, where appropriate. Where important
open space areas exist contiguous to the subject parcel, every effort
shall be made to locate the on-site protected open space adjacent
to these open space areas.
(e)
A recreational fee in lieu of land, as set forth in the Village's
Fee Schedule, may be imposed to accommodate the foreseeable recreational
needs of the residents of the proposed development, should the Planning
Board determine that the open space lands set aside will not provide
adequately for these recreational needs.
(f)
The preferred way of protecting open space is for the applicant
to provide deed covenants and restrictions acceptable to the Village
Attorney. Conservation easements will also be considered in a case
where they are transferred to a conservation organization or to a
homeowners' association acceptable to the Village. However, regardless
of how open space is permanently preserved, it is required that the
Village be granted third-party enforcement rights to enforce the terms
of all restrictions, easements or other legally binding instruments
providing for open space. Such provisions shall include that the Village
shall be entitled to reimbursement for all costs, expenses and attorneys'
fees incurred in connection with such enforcement, to be collected
from the party against whom enforcement is sought.
(g)
Unless otherwise agreed to by the Planning Board, the cost and
responsibility of maintaining common open space and facilities shall
be borne by the homeowners' association, conservation organization
or private owner(s). The Planning Board shall have the authority to
require a bond or other security measure to ensure proper maintenance
of open space and the facilities located on the subject parcel.
(10)
Building design standards. All buildings shall be an integral
part of the layout and design of the entire development. Individual
buildings shall generally be related to each other in design, massing,
materials, placement and connections so as to create a visually and
physically integrated development.
(11)
Landscaping design standards. The development shall have a coordinated
landscape design for the entire site. Wherever possible, existing
trees shall be conserved and integrated into the overall landscape
design. Landscaping shall include shrubs, ground cover and street
trees. Street trees shall be provided along all streets and pedestrian
walkways. Parking lots shall be landscaped and screened.
(12)
Circulation design standards. Roads, pedestrian walkways and/or
sidewalks shall be designed as an integral part of the overall site
design and shall be connected to the existing sidewalk network.
(13)
Procedure. Whenever any planned development is proposed, before
any building permit is issued in such Planned Development District
and before any subdivision plat, or any part thereof, may be filed
in the office of the venued County Clerk, the developer, or his authorized
agent, shall apply for and secure approval of such planned development
in accordance with the following procedures:
(a)
Application for a planned development shall be made to the Village Board of the Village of Coxsackie on such forms as may be provided by the Board or its agent. The application shall be accompanied by a sketch plan submission as described in Article X of this Code.
(b)
Referral of the application to the Village of Coxsackie Planning Board. The Village Board shall refer the application and accompanying documents to the Planning Board for its review and recommendation. In reviewing the application, the Planning Board shall follow the process for review of sketch plans as set forth in Article X of this Code. Upon completion of its review, the Planning Board shall prepare and submit a report to the Village Board regarding this application, recommending either adoption, adoption with modification or rejection of the requested rezoning and stating the reasons for such recommendation. If the recommendation is favorable, the report shall include the following findings and basis therefor:
[1]
That the proposal conforms to the Village's comprehensive zoning
objectives.
[2]
That the proposal meets the intent and objectives of planned development as expressed in Subsection A.
[3]
That the proposal meets the requirement of §§ 7-703
and 7-738 of the Village Law of the State of New York, as presently
existing and as hereafter amended.
[4]
That the proposal is conceptually sound in that it meets local
and area-wide needs and it conforms to accepted design principles
in the proposed functional roadway and pedestrian system, land use
configuration, open space system, drainage system and scale of elements,
both absolutely and to one another.
[5]
That there are adequate services and utilities available or
proposed to be made available in the construction of the development.
[7]
That traffic will not have an adverse impact on the adjoining
transportation system.
(c)
Referral of application to the County Planning Board. Where
required by law, the Village Planning Board shall refer the application
for zoning to a Planned Development District to the County Planning
Board. The County Planning Board shall make a report within 31 days
of the referral. Failure to make a report within 31 days shall be
deemed to mean such Board has no objection to the proposal.
C.
Village Board action.
(1)
Upon receipt of the report from the Village Planning Board, the Village
Board shall review the application and the Village Planning Board's
recommendation. The Village Board may then set a date for and conduct
a public hearing to consider the application. Upon completion of the
public hearing and due consideration of the application, the Village
Board shall act to adopt, adopt with modifications or reject the requested
rezoning.
(2)
If the Village Board grants the Planned Development District, the
Zoning Map shall be so notated.
(3)
The Village Board may, if it believes it necessary in order to fully
protect the health, safety, and general welfare of the community,
attach to its zoning resolution additional conditions or requirements
the applicant must meet.
(4)
Such requirements may include but are not limited to:
D.
Planning Board site approval.
(1)
Upon approval of the zoning request by the Village Board, the applicant shall submit final plans to the Planning Board, consistent with the concept plans submitted with the application to rezone, with such modifications as may have been required by the Village Board. Final site development plan submittal requirements shall be as set forth in Article X of this Code, and the following additional information shall be required:
(a)
A street and traffic plan, showing traffic flow patterns, proposed
streets within the project and proposed ingress and egress from the
adjoining highway network. All streets shall be constructed in conformity
with the Village's requirements and shall be offered for dedication
to the Village. Any and all proposed walkways within the project site
shall be hard surfaced and have a minimum width of five feet.
(b)
Residential parking. Parking shall be shown on the final plan
in sufficient quantities so that on the property for each dwelling
unit no less than two off-street parking spaces, each space to be
a minimum of nine feet wide and 18 feet long, are provided. Further,
common parking areas shall be provided, containing no fewer than 0.5
additional parking spaces for each dwelling unit. These common parking
areas shall be no further than 250 feet from the building or buildings
they are intended to serve. Also, where the project shall have regular
employees, one parking space shall be provided for each employee known
to be working on each shift. The Village Board may increase or decrease
said parking requirements herein at the time each district is established
to reflect parking demand reasonably anticipated by the type of project
being proposed to be developed.
(c)
Provisions for winter snow storage for parking areas shall be
included as an integral part of the project plan, and such snow storage
provisions shall not reduce the number of parking spaces beyond the
minimum number established by these rules. A plan for snow removal
rather than storage shall not be an acceptable alternative.
(d)
Any proposed parking other than for residential purposes shall meet the parking standards for the proposed use or uses as set forth in Article V, Off-Street Parking and Loading, of this Code.
(e)
The proposed location and approximate size and design for all
playgrounds, recreation areas and land reserved for open space.
(f)
Proposed safeguards to be provided to minimize possible detrimental
effects of the project on adjacent properties and the neighborhood
in general.
(2)
Prior to final site approval, the Village Planning Board shall present
plans to the Village Board for its review for the purpose of ascertaining
that the finalized plans are consistent with the original concept
plans used for the rezoning of the parcel to the Planned Development
District.
(3)
Requirements and procedures for review, approval and implementation
of the final planned development plans, including but not limited
to review of final site development plans, issuance of approval, compliance
with the approval, decision making time frames, filing, performance
guaranties, escrow provisions, administration, enforcement and penalties
shall be as set forth in the Village Board approval.
(4)
Prior to the commencement of any site work, the developer shall comply
with the Village's requirements for grading, including the posting
of cash escrow, or other security as required, and any other local,
state and federal laws and regulations as may apply.
E.
Required timely commencement of project. Any project within an area
zoned or rezoned as a Planned Development District shall commence
building and construction within two years following the time when
the project could, upon proper application, secure a building or grading
permit. In the event such action shall not be timely undertaken, by
securing required permits and commencing construction or grading,
the planned development approval shall terminate and the project area
classification shall revert to the district classification existing
prior to the approval of the Planned Development District.
