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Village of Malone, NY
Franklin County
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Table of Contents
Table of Contents
Code
New Laws (5) Index
This district is planned to provide a means of developing those land areas within the community considered appropriate for new residential, recreational, office space, commercial or industrial use, or a satisfactory combination of these uses, in an economic and compatible manner, while encouraging the utilization of innovative planning and design concepts or techniques in these areas without departing from the spirit and intent of this Zoning Ordinance.
A. 
For the establishment of Planned Districts:
(1) 
Application for designation of a PD District shall be referred to the Village Board. The Village Board shall refer the application to the Planning Commission within 10 days of receipt. The applicant shall furnish basic data pertaining to boundaries of the proposed development, the existing zoning, topography, drainage, soil conditions and such preliminary plans as may be required for an understanding of the type, uses and design of the proposed development.
(2) 
The Planning Commission and the Commission's professional planning consultant, if any, shall review such application. The Commission may require such changes in the preliminary plans as are found to be necessary to meet the requirements of this Article, to protect the established permitted uses in the vicinity, and to promote the orderly growth and sound development of the community. In evaluating the proposal and in reaching its decision regarding the preliminary plans, the Planning Commission shall consider and make findings regarding those considerations set forth under Subsection B(2) of this section. All applications for creation of a Planned District shall be referred to the Franklin County Planning Board, which may review and comment on the referral within 30 days.
(3) 
The Village Planning Commission shall report its findings and render its decision to the Village Board within 45 days. It may recommend approval, disapproval or conditional approval subject to modifications regarding the proposed development.
(4) 
The Village Board shall hold a public hearing after public notice as required for any amendment to this ordinance and shall consider the report and recommendations of the Planning Commission and all other comments, reviews and statements pertaining thereto. It may amend the Zoning Map to establish and define the type and boundaries of the Planned District, and in so doing may state specific conditions in addition to those provided by this ordinance, further restricting the nature or design of the development. In the event that the Planning Commission disapproved the proposal or rendered conditional approval subject to modifications with which the developer is not willing to comply, the Village Board may amend the Zoning Map in accordance with the application only upon an affirmative vote of at least 3/4 of the members of the Village Board.
B. 
For the approval of development within an established Planned or Scenic Preservation District:
(1) 
Amendment of the Zoning Map shall not constitute authorization to develop in the district. Such authorization after a Planned or Scenic Preservation District has been established shall require that the applicant submit to the Planning Commission such further plans and specifications, supporting documents and data as shall be required by the Commission and shall specify on the plans and in writing the building types and layout, setbacks, off-street parking and loading, ingress and egress, signs, existing and proposed amenities, screening, planting and ornamental features and the plan or arrangement for development of the area in stages or in its entirety. A copy of the proposed development will be submitted to the Franklin County Planning Board for review as required under Section 239-L and Section 239-M of the General Municipal Law.
(2) 
The Planning Board and the Board's professional planning consultant, if any, shall set forth the particular ways in which the proposed development would or would not be in the public interest, including, but not limited to, findings of fact and conclusions on the following:
(a) 
In what respects the plan is or is not consistent with the stated purposes of a Planned or Scenic Preservation District.
(b) 
The extent to which the plan departs from zoning regulations formerly applicable to the property in question (if not originally designated as a Planned District), including, but not limited to, bulk, density and permitted uses.
(c) 
The existing character of the neighborhood and the relationship, beneficial or adverse, of the proposed development to this neighborhood.
(d) 
The location of principal and accessory buildings on the site in relation to one another and to other structures and uses in the vicinity, including bulk and height.
(e) 
The provision for pedestrian circulation and open space in the planned development, the reliability of the proposal for maintenance and conservation of common open space and pedestrian circulation as related to the proposed density and type of development.
(f) 
The traffic circulation features within the site, including the amount of, location of and access to automobile parking and terminal loading areas.
(g) 
The amount of traffic generated at peak hours and the provisions for adequately handling such volumes, with particular reference to points of ingress and egress, potential hazards such as inadequate site distances and intersection design, and the nature and suitability of the connecting street or highway system to absorb the anticipated changes.
(h) 
The provision for storm, sanitary and solid waste disposal and other utilities on and adjacent to the site.
(i) 
The proposed location, type and size of signs and landscape features.
(j) 
The physical design of the plan and the manner in which said design does or does not make adequate provision for service demands (water, sewer, fire, etc.), provide adequate control over vehicular traffic, and further the amenities of light, air and visual enjoyment.
(3) 
No permit shall be issued until the Planning Commission has made its determination based on the foregoing considerations and the Village Board has considered this determination and any review by the Franklin County Planning Board and authorized issuance of a permit by resolution. The Village Board may override the recommendation of the Planning Commission in adopting its resolution to authorize or deny a permit only by an affirmative vote of a majority of the Board.
(4) 
All conditions imposed by the Village Board in its amendment and all subsequent conditions imposed by the Planning Commission in its review of the final plans, including any conditions the performance of which were conditions precedent to the issuance of any permit, shall run with the land and shall not lapse or be waived as a result of any change in tenancy or ownership of any or all of the designated district.
(5) 
If construction of the development in accordance with the approved plans and specifications has not begun within one year after the date of the resolution authorizing issuance of the building permit, all permits shall become null and void, the approval shall be deemed revoked and vacated and the Village Board shall have the authority to again amend the map to restore the zoning designation for the district to that which it had been prior to the application, or any other district.
C. 
Special application. All proposed mobile home courts as well as all developments within any Scenic Preservation District will be considered under the Planned Development District procedure.