A.
Authority and procedures. Developments which provide for single-family
dwelling units and permitted accessory uses, wherein dwelling units
are grouped in sections in order to maximize the amount of common
open space and to preserve the natural settings, shall be designated
as cluster developments. Such proposed developments shall be subject
to site plan review and the Town of Liberty Planning Board shall have
the authority, as provided in § 278 of the New York State
Town Law, to approve or deny plans for cluster developments in AC,
RD, RH or RS Districts in accord with the standards contained herein
and in the Town of Liberty Subdivision Regulations. The Planning Board
may require plans to be submitted as cluster developments in accordance
with § 278 of the New York State Town Law.
[Amended 8-20-2018 by L.L. No. 1-2018]
B.
Minimum size. Cluster developments shall include at least 10 dwelling
units and 10 acres of land.
D.
Types of dwellings units permitted. Only single-family detached dwellings shall be clustered. All other dwelling types shall be considered multiple dwellings and be subject to the standards of § 147-22 of this article.
E.
Development standards. Development standards for lot size, lot width and lot depth normally applicable within the district where clustering is proposed may, for the purpose of clustering, be reduced by the Planning Board to 1/2 the normal requirement provided no dwelling structure is located on less than 30,000 square feet of land where on-site sewer and water facilities are to be provided or 7,500 square feet of land where off-site sewer and water facilities are to be provided; and further provided the total density (in individual dwelling units) for the tract shall not exceed the requirements of Subsection C above.
F.
Open space standards. No individual parcel of common open space shall
be less than one acre except as to roadway median strips, traffic
islands, walkways, courtyards, play areas, recreation facilities,
streams, and drainage ways leading directly to streams, historic sites
or unique natural features requiring common ownership protection.
At least 50% of the common open space shall be usable for active recreational
activities and shall not include wetlands, floodplain or slopes over
25% in grade.
G.
Maintenance of open space. The open space resulting from clustering
of dwelling units shall be titled to a property owners' or homeowners'
association (POA) prior to the sale of any lots or dwelling units
by the developer. Membership shall be mandatory for each property
owner within the development and successive owners with voting of
one vote per lot or unit and the developer's control, therefore, passing
to the individual lot/unit owners on sale of a majority of the lots
or units. All restrictions on the ownership, use and maintenance of
common open space shall be permanent and the POA shall be responsible
for liability insurance, local taxes, and maintenance of all open
space, recreational facilities and other commonly held amenities.
Each property owner must be required to pay their proportionate share
of the POA's cost and the POA must be able to file liens on the lot/unit
owner's property if levied assessments are not paid. The POA must
also have the ability to adjust the assessment to meet changing needs.
A.
Procedure.
(1)
Multiple dwelling projects shall be special uses subject to the provisions of this chapter and shall also be considered major subdivisions subject to the jurisdictions of the Town of Liberty Subdivision Regulations. This "major subdivision" classification shall apply to all subdivision of property in connection with the development, regardless of whether or not the same are connected with building development or conveyance of land or buildings involved, and the approvals required shall be requested and acted upon concurrently as one subdivision. Application for preliminary approval of multiple-family dwelling projects, accordingly, will be made to the Town of Liberty Planning Board in the manner provided under § 130-13 of the Subdivision Regulations. The developer shall also submit all information required by § 130-13 of said Regulations, plus the following additional information.
(a)
An application for multiple dwelling special use approval on
a form to be supplied by the Town or, in the absence of such form,
by a letter or brief from the developer or his or her representative
indicating how the development will specifically comply with or meet
the special use and site plan review criteria contained in this chapter.
(b)
A proposed lot plan showing the approximate (generally within
five feet) location of all buildings and improvements including parking
areas, planting strips (if any), signs, storm drainage facilities,
water supply and distribution system, sewage treatment and collection
systems and the specific areas provided as open space in connection
with the requirements of this chapter. Building layouts, floor plans
and profiles shall also be provided indicating building dimensions,
numbers and size of units, common ownership or use areas (apart from
the open space referenced below), lighting and such other information
as shall be required to determine compliance with the design standards
contained herein and any other building standards which may be applicable
in the Town of Liberty. Setbacks from property lines, improvements
and other buildings shall also be indicated.
(c)
A schedule or plan, and proposed agreement(s) either with the
Town of a property owners' association (POA) for the purpose of dedicating,
in perpetuity, the exclusive use and/or ownership of the recreation
area and open space required by this chapter to the prospective dwelling
owners or occupants. Such agreement may be incorporated in the applicant's
proposed covenants and restrictions, but shall in any event, provide
to the satisfaction of the Town that maintenance and use of the property,
regardless of ownership, be restricted to either activities intended
for the sole benefit of the occupants of the particular project proposed
or permanent open space as hereinafter provided. If a POA is to be
established, and one shall be required if any property is to be held
in common, such POA shall be organized in the manner provided for
cluster development.
(d)
A completed building permit application on forms to be supplied
by the Town. A copy of the completed application shall be also filed
with the Code Enforcement Officer, who shall collect any fees connected
with that application at the time the special use is granted.
(2)
The application package shall be processed on a schedule identical
with requirements for review and approval of other preliminary plans
under the Subdivision Regulations. The Town Planning Board, before
taking action, shall also hold a public hearing pursuant to the requirements
of the Subdivision Regulations.
(3)
The Planning Board shall act on the preliminary plan and special
use building permit application concurrently, making the preliminary
plan approval, if one shall be given, subject to approval by the New
York State Department of Health if the same shall be required. No
building permit shall be issued to the applicant, however, until all
conditions attached to the approval of any preliminary plan shall
have been satisfied and nothing herein shall be construed as permitting
the issuance of a building permit prior to preliminary approval. This
requirement notwithstanding, the special use building permit application
shall be made with the preliminary plan and shall, if granted, be
valid for a period equal to that for preliminary plan approval. If
the preliminary plan shall be rejected, no special use building permit
shall be granted.
(4)
Following preliminary plan approval, the developer shall provide for the installation of required or proposed improvements including but not limited to streets, parking areas, storm drainage facilities, recreational facilities and lighting. Building improvements shall similarly be completed or guaranteed prior to the applicant's request for final approval. No certificate of occupancy, however, shall be issued until such time as final plan approval shall have been granted in accordance with the procedures and informational requirements of § 130-13 of the Subdivision Regulations, and buildings have been completed and inspected by the Code Enforcement Officer.
(5)
Complete final building plans shall also be submitted as part of
the final plan application.
(6)
No person shall sell, transfer or lease any land and/or buildings
or interests in the individual dwelling units to be created, or erect
any building thereon except in accord with the provisions of this
section, unless and until final plan approval shall have been granted
and the Plan has been recorded in the County Clerk's Office. However,
final plan approval may be granted if a guarantee for improvements
is provided to the satisfaction of the Town pursuant to the applicable
provisions of the Subdivision Regulations. Nothing herein shall preclude
agreements of sale or the taking of deposits consistent with New York
State law.
B.
Density. Multiple dwelling density shall not exceed the number of
dwelling units per acre which would be permitted within the district
if the parcel on which the units are to be constructed were to be
developed for single-family residential use, or four dwelling units
per acre, whichever is less. Density shall be calculated by taking
the total acreage of the development, deducting the following acreages:
(1)
Land contained within public rights-of-way;
(2)
Land contained within the rights-of-way of existing or proposed private
streets (where formal rights-of-way are not involved the width of
the street shall be assumed as 50 feet wide); and
(3)
Land contained within the boundaries of easements previously granted
to public utility corporations providing electrical or telephone service;
and dividing by the number of proposed units.
C.
Open space. All areas of a multiple dwelling development not occupied
by buildings and required or proposed improvements shall remain as
either permanent open space, or recreation area to be used for the
sole benefit and enjoyment of the residents of the particular units
being proposed. These areas shall be subject to the following regulations:
(1)
Recreation areas for residents shall be immediately adjacent (part
of the same parcel and contiguous) to the proposed units and freely
and safely accessible to all residents of the development and shall
not be used to fulfill open space requirements or provide recreational
areas for residents of other units. No less than 50% of the land unoccupied
by buildings and improvements shall be dedicated to recreational area
for the sole benefit and enjoyment of the residents of the particular
units proposed.
(2)
Land designated as permanent open space need not meet the above criteria
but shall be maintained as such and may not be sold separately, used
to meet open space or recreation area requirements for other developments,
subdivided or developed, it being understood that no previously platted
lots in any development shall be included as open space.
(3)
All permanent open space and recreation areas shall be maintained
so that their use and enjoyment for intended purposes are not diminished
or destroyed.
(a)
Such areas may be owned, preserved and maintained by either one or
both of the following mechanisms:
[1]
Dedication to a property owners' association which assumes full responsibility
for maintenance of the open space.
[2]
Deed-restricted private ownership which shall prevent development
of the open space, provide for its maintenance and protect the rights
of owners or occupants of dwelling units to use and enjoy, in perpetuity,
such portions of the open space as shall have been dedicated to recreation
area for the project. This is intended to allow the owner/developer
to retain ownership and use of a portion of the property (for heating,
fishing, etc.) provided the performance of the open space is guaranteed.
(b)
Whichever mechanism(s) may be used, the developer shall provide,
to the satisfaction of the Town and prior to the granting of any final
plan approval, for the perpetual maintenance of the open space and
also the use and enjoyment of the recreation area by residents of
the units being approved. No lots shall be sold nor shall any building
be occupied until and unless such arrangements or agreements have
been finalized and recorded.
(4)
At least 50% of the designated recreation area shall be usable for
active recreational activities and shall not include swamps, quarries,
slopes over 24% in grade, or acreage used for improvements. Storm
drainage facilities are considered improvements and sewage effluent
disposal areas shall be excluded.
D.
Water and sewage. All multiple dwelling developments shall be served
with off-site sewage facilities and water supplies (as defined in
the Town Subdivision Regulations). Effluent disposal areas shall be
subject to the setback requirements applicable to other multiple dwelling
buildings and improvements.
E.
Design criteria. The following design criteria shall apply to multiple
dwelling developments.
(1)
There shall be no more than 10 dwellings in each multiple dwelling
building.
(2)
No structure shall be constructed within 50 feet of the edge of any
road to or through the development.
(3)
Roads shall comply with minor street requirements as specified in
the Subdivision Regulations and no parking space shall be designed
such that a vehicle would be backing or driving out onto a through
road. Instead, there shall be a defined entrance and exit to and from
each parking area.
(4)
No multiple dwelling development shall be served by more than one
entrance and one exit from any public highway.
(5)
Parking shall comply with the standards of this chapter excepting
that in addition to the normal required spaces per unit there shall
be specifically provided, for every two units intended for rental
or other transient occupancy, one additional space to accommodate
parking needs during sales and other peak visitation periods.
(6)
No more than 60 parking spaces shall be provided in one lot, nor
more than 15 in a continuous row without being interrupted by landscaping.
All off-street parking shall be adequately lighted and also arranged
as to direct light away from residence.
(7)
No structure shall be erected within a distance equal to its own
height of any other structure.
(8)
All multiple dwelling structures shall be a minimum of 75 feet from
any of the exterior property or boundary lines of the particular project
involved and 50 feet from any public right-of-way.
(9)
Where a property line is not wooded, a planting strip of up to 50
feet in width or privacy fence may be required to buffer adjoining
property owners and ensure privacy. A landscaping plan shall be prepared
and approved by the Town.
(10)
Storm drainage facilities shall be designed to accommodate storms
of a ten-year frequency unless a more stringent standard shall be
required by the Town Engineer. The general performance standard shall
be that the amount of uncontrolled stormwater leaving the site along
any property line after development shall not exceed that estimated
for the site prior to development. In instances where stormwater facilities
are impractical for engineering reasons, the Planning Board may modify
this standard as it applies to a particular project but shall provide
for the maximum practical reduction in flow which can be achieved
under the circumstances. The developer shall provide full information,
prepared by a registered professional engineer or licensed land surveyor,
regarding the predeveloped stormwater flows and estimates at the time
of application.
F.
Nonresidential use. Nonresidential uses shall not be permitted in
a multiple dwelling development unless planned as part of a planned
unit development. This, however, shall not preclude such ancillary
facilities as laundry areas, service buildings, recreational facilities,
and the like. Where a developer proposes nonresidential uses (other
than open space uses) there shall be a minimum setback of the multiple
dwelling structures from such uses of 200 feet and the parcels shall
be clearly segregated.
G.
Conversions of existing structures. Conversions of motels, hotels
or other existing structures to multiple dwelling projects of six
or more units, regardless of whether such conversions involve structural
alterations, shall be considered subdivisions and, moreover, be subject
to the provisions of this section. If the proposed project does involve
structural alterations, the preliminary plan shall include a certification
of a registered architect or engineer to the effect that the existing
building is structurally sound, the proposed conversion will not impair
structural soundness and existing water and sewage disposal systems,
are adequate or can be modified to meet the new demands place on them.
[Amended 5-2-2005 by L.L. No. 6-2005; 6-19-2006 by L.L. No.
6-2006]
A.
The purpose of a planned unit development (PUD) district is to foster
excellence in neighborhood design and further the goals and objectives
of the Town of Liberty Comprehensive Plan. These "floating districts"
promote creative site layout and architectural design and secure the
advantages of large-scale site planning for residential, commercial
or professional office developments, or certain combinations thereof.
The flexibility granted to projects in a PUD District comes with a
commitment to include features beneficial to the entire community,
features not normally required of traditional developments. Achieving
such objectives requires in-depth scrutiny by both the Town Board
and Town Planning Board during the development of the PUD proposal.
Therefore, more information is required about the project than would
be required if development were being pursued under conventional zoning.
The discretion of the Town Board regarding density of use, or even
as to whether to approve or deny a PUD application, shall be absolute.
This is consistent with the Town Board's inherent power to rezone.
B.
Type of PUD. Applicants applying for PUD shall apply under one of
the two following alternatives:
(1)
Large-scale PUD (LSPUD).
(a)
Minimum size: 150 contiguous acres.
[Amended 2-3-2020 by L.L. No. 2-2020]
(b)
Maximum size: no maximum size.
(c)
Requires phasing plan. All phases shall be illustrated in a
phasing development map and numbered in the expected order of development.
(d)
Rezoning granted under the large-scale PUD process has a twenty-three-year
duration. The Town Board may revoke undeveloped sections of a LSPUD
after 23 years. Periodic reviews shall be completed as provided herein.
(2)
Small-scale PUD (SSPUD).
C.
Authorized uses within PUD.
(1)
No use shall be established, and no development shall be permitted
in the PUD District, unless specifically approved pursuant to the
procedures and standards set forth in this section. The specific uses
to be allowed in the PUD shall be approved by the Planning Board.
The general categories of allowable uses that may be permitted in
any PUD are as follows:
(a)
Commercial (including retail products and services, excluding
wholesale).
(b)
Offices (business or professional, excluding large-scale medical
clinics).
(c)
Single-family dwellings.
(d)
Multifamily dwellings (including apartments and townhouses).
(e)
Age-restricted, assisted living and skilled care facilities.
(f)
Public and/or private recreational facilities (outdoor or indoor).
[Amended 12-16-2013 by L.L. No. 5-2013]
(h)
Mixed uses (including any combination of above uses).
(2)
The proposed PUD shall have an appropriate ratio of mixed uses that
are 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 PUD application and approved by the Planning Board
and Town Board as part of the approval process.
D.
Development density, open space and common recreation facilities.
(1)
The density of a proposed PUD development shall be set forth initially
by the applicant as part of the PUD plan and application process and
determined by the Planning Board and Town Board as part of the final
approval process. Maximum density shall be based upon the degree to
which the planned unit development preserves significant natural features
and open space (i.e., wetlands, waterways and steep slopes) and provides
recreational amenities (i.e., active and passive recreational facilities,
including nature trails, bicycle paths, sitting areas, parks and playgrounds).
Based on gross acreage, without offset for environmental limitations,
the following specifies the maximum allowed increased density over
underlying zoning:
|
Percentage of PUD Preserved as Open Space or Community
Recreation
|
Density Multiplier
| |
|---|---|---|
|
Less than 25%
|
1.10
| |
|
25% to 39%
|
1.25
| |
|
40% to 49%
|
1.35
| |
|
50% +
|
1.50
|
(2)
Alternatively, the Town Board also may agree to accept a contribution
of $2,500 for each additional housing unit proposed over that permitted
by the underlying zoning. This monetary contribution is a substitute
for the provision of a portion of the required open space or community
recreation on-site, provided that no less than 25% of the PUD is devoted
to on-site open space or community recreation. Proceeds will be deposited
into a recreation fund for community park and recreation facility
improvements.
(3)
Creative integration of open space and recreational amenities into
the PUD design is required. Connections to surrounding parks and open
space through a coordinated trail system shall be made to the maximum
extent practicable. Open space shall be usable for recreation purposes
or provide visual, aesthetic, or environmental amenities, and may
not be occupied by streets, drives, dependent parking areas or structures
other than recreational dependent structures.
E.
Age-restricted housing density bonus. A density bonus for age-restricted
housing has been established to offer a land-use-based option to facilitate
the economic feasibility of age-restricted housing development. The
bonus provides the developer a density bonus of 5% above that which
is provided for open space and of community recreation and is held
specific to the parcel(s) for which the age-restricted housing is
being proposed.
F.
Development standards and guidelines.
(1)
Unified control. No application for a PUD shall be accepted or approved
unless all of the property included in the application is under unified
ownership and/or control by the applicant, or if the applicant has
a legally binding contract with the property owner to transfer ownership
upon approval of the PUD.
(2)
Preservation of natural features. Significant natural features of
any PUD shall be preserved whenever possible for purposes of buffering
new development, preserving the character of neighborhoods, protecting
critical environmental resources and providing for stormwater management.
(3)
Preservation of historic resources. Whenever a proposed site for
a PUD has existing historic buildings, structures or sites of significance
located thereon, such resources shall be preserved and incorporated
into the design.
(4)
Integrated architectural design. The PUD plan of development shall
integrate the design of buildings, structures, landscaping, infrastructure
facilities and common areas into cohesive units of development.
(5)
Pedestrian system. The PUD shall provide for an internal system of
pedestrian circulation using sidewalks and trails, with connections
to adjoining properties or systems where feasible.
(6)
Streets. The PUD shall provide for a vehicular circulation plan that
can safely accommodate current traffic volumes, as well as those generated
by the PUD. Access points shall be designed to provide for smooth
flow, controlled turning movements and vehicular traffic safety.
(7)
Off-street parking and loading. The proposed development shall comply
with the off-street parking and loading standards set forth herein,
unless it is demonstrated that a deviation from those standards is
warranted, and is specifically approved during the PUD approval process.
(8)
Utilities. Underground on-site utilities are required, including
telephone, electric, cable, water distribution mains and sewer collection
reaches.
(9)
Lighting. All lighting shall include full cut-off fixtures and be
arranged so as to prevent direct glare or hazardous interference to
adjoining streets, properties, or the night sky.
(10)
Ownership and maintenance. Subject to Town Board approval, the
open space resulting from PUD design shall be permanently protected
through a conservation easement and generally titled to a homeowners'
association (HOA), or other form of ownership (such as municipal)
prior to the sale of any lots or dwelling units in the PUD. If an
HOA option is selected, then membership shall be mandatory for each
property owner within the subdivision, and successive owners, with
voting of one vote per lot or units and the developer's control of
common amenities, therefore, assign to the individual lot/unit owners
on sale of the majority of the lots or units. All restrictions on
the ownership, use and maintenance of common open space shall be permanent
and the HOA shall be responsible for liability insurance, local taxes,
and maintenance of all open space, recreational facilities and other
commonly-held amenities. Each property owner must be required to pay
their proportionate share of the HOA's costs and the HOA must be able
to file liens on the lot/unit owner's property if levied assessments
are not paid. The HOA must have the ability to adjust the assessment
to meet changing needs.
(11)
Development phasing. The development of a PUD may be proposed
and approved in phases. A phasing plan shall be submitted to the Planning
Board as part of the large-scale PUD application documents. The Planning
Board 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, when completed, must be able to fully function on
its own, or in conjunction with prior phases, without dependence on
subsequent phases.
(b)
The infrastructure, as installed, shall be sufficient to accommodate
each planned phase of development.
(c)
Each phase shall have an appropriate ratio of the various uses
proposed for the development.
(12)
Construction schedule. The applicant shall propose, and the
Planning Board shall review and approve, a construction schedule for
the development of an approved PUD. Generally, commencement of development
of the large-scale PUD, or the first phase if a phased large-scale
PUD approved, shall commence within three years of the date that the
final site plan of the PUD 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 Planning Board may modify the time-period allowed
for commencement of construction depending on the circumstances of
each PUD.
G.
Procedure. The following provides further detail for each step in
the PUD process outlined above:
(1)
Preapplication conference. Prior to the official submission of the
application for a Planned Unit Development District, the landowner,
or the landowner's agent, may meet with the Planning Board to discuss
the proposed scope and nature of the contemplated development. While
this is not required, it is strongly encouraged.
(2)
Sketch plan process. An application for a PUD approval starts with
the submission and review of a sketch plan as set forth below. The
applicant shall meet with the Town Board to discuss the proposed project
and to reach an understanding on basic requirements prior to detailed
design investment. If the Town Board determines the proposal does
not merit further review because it does not meet the objectives of
this chapter, then no further action on the application shall be taken.
The Town Board may require the applicant to meet with staff or consultants
to facilitate the submission of a complete and suitable application.
Sketch plan submissions shall include the following:
(a)
A conceptual plan showing the parcel or parcels to be included
in the PUD.
(b)
The location of the various uses and their areas.
(c)
Approximate location of significant natural and man-made features
of land, such as waterways, wetlands, streets, easements and buildings.
(d)
Proposed layout of structures, roads, utilities and other features.
(e)
Current owners of parcel(s) to be included in PUD.
(f)
A written narrative or statement of what is proposed and the
merits of such proposal. Said statement to be of sufficient detail
and scope to provide a well-developed concept of the PUD and must
include, at a minimum, the following:
[1]
Total number of acres proposed for the PUD.
[2]
Type of uses proposed and ratio of mixed uses.
[3]
Number of residential and commercial units.
[4]
Preliminary density calculations (dwelling units per acre).
[5]
An explanation of how the developer's particular mix of land
uses meets existing community needs and goals.
[6]
A summary of the operation and ownership arrangements during
development and post-development phases.
[7]
A summary of the infrastructure needed and/or available with
respect to transportation, roads, water, and sewer, electric and telecommunications.
[8]
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.
[9]
Recreational facilities and/or amenities that will be included
in the PUD plan.
[10]
General description of architectural, planning,
and environmental design standards to be proposed as part of the PUD
plan.
(3)
Sketch plan conference. The Town Board shall schedule a joint Town
Board/Planning Board conference with the applicant within 45 days
of the sketch plan submission. The applicant shall make a presentation
at this joint Town Board/Planning Board conference describing the
PUD proposal. The intent is to provide both the Town Board and the
Planning Board with sufficient information on the proposal for each
Board to decide whether the proposal has merit as a PUD and whether
to allow the applicant to proceed to the next stage of review.
(4)
Planning Board action on sketch plan. The Town Board shall provide
their opinion to the Planning Board, in writing, within 45 days. The
Planning Board shall have 62 days from the date of the conference
in which to make the preliminary determination as to whether the applicant
may move on to next stage of the application process and submit a
formal request for a PUD. The Planning Board may provide the applicant
with direction regarding the content, design, allowed uses, ratio
of mixed uses, project size and scope that the Board deems appropriate
for the formal application stage. Although said preliminary determination
will not commit the Town Board to any specific course of action on
the PUD to be requested, the sketch plan process is intended to advise
the applicant as to what may be generally acceptable, or not acceptable
to the Board so that the applicant has an understanding of what is
expected in the net stage of review. Such preliminary determination
should establish issued that must be addressed in PUD design, define
acceptable uses, specify the supporting documentation required for
submission, and specification of all involved agencies. If it is determined
the sketch plan proposal does not have merit for further review as
a PUD, the applicant may submit a revised proposal for another sketch
plan conference but may not submit a formal PUD application.
(5)
Preliminary plan submission. The applicant shall submit 10 copies
of the preliminary plan and application to the Planning Board at least
four weeks prior to the meeting of the Board at which the application
is to be heard. Each preliminary plan shall be drawn by a professional
engineer and/or land surveyor licensed to practice in the State of
New York and shall bear the signature, seal, license number and telephone
number of the said professional engineer and/or land surveyor; provided,
however, that all engineering data shall be signed and sealed by a
professional engineer and all surveying data shall be signed and sealed
by a professional land surveyor. Each submission shall include a preliminary
plan drawn at a scale of not less than one inch equals 100 feet and
the following additional information:
(a)
Certification that the applicant is the owner of the land or
an authorized agent, or that the owner has given consent under an
option agreement.
(b)
Certificate from the Town Tax Collector that all taxes and assessment
have been paid to date.
(c)
A key map showing the entire tract and its relation to the surrounding
areas.
(d)
Title block including the name of development, applicant contact
information, identity of a landowner, written and graphic scales and
the dates of preparation and revisions.
(e)
North arrow.
(f)
Approval signature block for Planning Board and Town Board.
(g)
Land area to the nearest tenth of an acre and computation of
disturbed area.
(h)
The names and lot and block numbers of all property owners within
200 feet of the extreme limits of the tract as shown on the most recent
tax roll.
(i)
Existing section, block and lot numbers of the lots to be subdivided
or developed.
(j)
Zoning district affecting the tract and within 200 feet thereof,
including district names and requirements, and a comparison to the
application.
(k)
Land use plan specifying residential land areas and indicating
the acreage, density and the type of dwelling units proposed; nonresidential
land areas indicating the acreage, square footage, and specific type
of uses proposed; conceptual footprints of all proposed buildings
with typical dimensions; approximate and maximum height of all proposed
buildings; locations of parking areas and the estimated number of
parking spaces; and general calculations of impervious surface coverings.
(l)
Housing plan indicating the number and type of housing units,
as well as the form of ownership and any deed restrictions, as necessary,
to be provided.
(m)
Open space and recreation plan indicating the general location
of land areas to be devoted to open space, conservation, and recreational
purposes, including a general description of the improvements proposed
to be made thereon and a plan for the operation and maintenance of
said land areas.
(n)
Environmental inventory including a general description of the
waterways, wetlands, wildlife habitat, upland vegetation, soils, topography,
geology, surface hydrology, climate and cultural resources of the
site, existing man-made structures or features and the probable impact
of the development on the environmental resources of the site, both
during construction and thereafter.
(o)
Traffic circulation plan showing the general location and types
of transportation facilities, indicating all existing and proposed
collector and local streets, and all proposed improvements to existing
roads. The traffic circulation plan shall include daily and peak hour
traffic volume projections, an assessment of the traffic impacts of
the proposed development on the highway network and estimated levels
of services before and after development, with or without traffic
improvements.
(p)
Pedestrian circulation plan showing the general location and
types of facilities for pedestrian access throughout the PUD, including
both sidewalks and trails.
(q)
Utility plan indicating the general location of existing and
proposed sewer and water lines, pump stations, water supply wells,
sewage treatment plants and proposed methods for handling solid waste
disposal. Additionally, tract connections to electric, gas, cable,
and telephone facilities shall be generally indicated and a plan for
the operations and maintenance of the proposed utilities shall be
submitted.
(r)
Stormwater management plan indicating the proposed method of
controlling surface water runoff, including design calculations for
drainage improvements and proposed soil erosion and sediment control
measures, both during construction and thereafter.
(s)
Community facilities plan indicating the scope and type of supporting
community facilities to be provided.
(t)
Proposed phasing plan indicating areas to be developed in each
phase and the priority of each. The eventual development of each phase
should be related to the land use plan, the traffic circulation plan,
the stormwater management plan and the utility plan to ensure the
phasing plan is workable. It should also demonstrate a reasonable
balance of the different components of the PUD exists at each phase
of the project.
(u)
SEQR, Part I of the New York State Environmental Assessment
Form (Long Form), or a draft environmental impact statement.
(v)
Draft PUD District amendment to the Tow of Liberty Zoning Law
to accommodate the proposed PUD project.
(6)
Action by the Town of Liberty on the preliminary plan. The Planning
Board shall review the application for the preliminary plan for the
purpose of determining, within 62 days of its submission, whether
said application is complete.
(a)
If said application is found to contain all of the information
required, the Planning Board shall certify said application is complete
and direct the application to the Town of Liberty Town Board with
recommendations to approve, disapprove or conditionally approve the
proposed PUD District.
(b)
If said application is found to lack some of the information
required above, the Planning Board shall cause the applicant to be
notified, in writing, that said application is incomplete, specifying
the deficiencies in the application. Should the Planning Board conclude
the missing information is not applicable to the subject application
and/or are not necessary to make an informed decision on the application,
it may waive such requirements as a prerequisite for completeness
only, and certify the application is complete, notwithstanding the
missing items.
(c)
If waivers of checklist items have been specifically requested
by the applicant in the application, the Planning Board shall act
on the request for waivers within 62 days of application submission
or requested extension from the applicant. If the waivers are granted,
the application is complete as long as all other requirements for
submission have been satisfied. If the waivers are denied, the application
is incomplete until missing information is submitted. An applicant
who has been notified that is application is incomplete may request
waiver of one or more of the submission requirements. Said request
shall be the subject of a resubmitted application and will be treated
as a new submission.
(d)
Should the Planning Board fail to act within 62 days of the
date of the submission of the application, said application shall
be deemed complete.
(e)
The Planning Board may subsequently require correction of any
information found to be in error, may require submission of additional
information not specified in this chapter, and/or may direct that
revisions be made in the application documents. The modifications
shall be considered as reasonably necessary in order for the Planning
Board to make an informed decision as to whether the requirements
of approval of the application have been met. This is provided that
the application shall not be deemed incomplete for lack of any additional
information or revisions. Promptly after certification of completeness,
the application documents shall be distributed by the Planning Board
to the Town Board for approval of PUD district formation.
(7)
Amendment of zoning law to create PUD District.
(a)
The Town Board shall, in its discretion, in accordance with
the requirements of the New York State Town Law, amend its Zoning
Law to create the proposed PUD District, provided that it has first
issued a finding of the following facts and conclusions:
[1]
That departures by the proposed development from zoning regulations,
otherwise applicable to the subject property, conform to the zoning
provisions outlined above;
[2]
That the proposals for maintenance and conservation of the common
space are reliable, and the amount, location and purpose of the common
open space are adequate;
[3]
That provisions through the physical design of the proposed
development for public services, control over vehicular and pedestrian
traffic, and the amenities of light and air, recreation and visual
gratification and are adequate;
[4]
That the proposed PUD will not have an unreasonably adverse
impact upon the area in which it is proposed to be established; and
[5]
In the case of a proposed PUD, which contemplated construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
(b)
Should the Town Board fail to make such findings and hold a
public hearing on the proposed PUD District within 62 days of application
submission to the Town Board, the application for PUD District creation
shall presumed to be denied and no further action shall be taken.
(8)
Site plan and subdivision approval. Following Town Board enactment of the proposed PUD District, the applicant shall prepare a final site/subdivision plan including all of the information required under § 130-13 of Chapter 130, Subdivision of land, of the Code of the Town of Liberty, and submit it to the Planning Board for final review and approval. The submission shall include a final timetable, with specific dates for completion of different aspects of the projects to be used as a guide for the Code Enforcement Officer to administer periodic review. When more than 12 months have elapsed between the creation of the PUD and the date of the submission of the site plan and where the Planning Board finds conditions affecting the plan have changed significantly in the interim, the Planning Board may recommend to the Town Board the PUD District designation be rescinded. The Planning Board may disapprove a site/subdivision plan if it varies substantially from the preliminary project plan upon which the creation of the PUD District was based.
[Amended 11-6-2006 by L.L. No. 10-2006]
H.
Periodic review.
(1)
The Town Code Enforcement Officer shall review the progress of the
project and compare it to the timetable approved by the Planning Board
as part of the site approval process according to the following timetable:
(2)
If the Code Enforcement Officer finds the project has met the development
timetable, a letter shall be sent to the Planning Board stating such.
If the Code Enforcement Officer finds the project has not met the
development timetable, then he must notify the Planning Board, in
writing, within 30 days. Upon receiving the notification from the
Code Enforcement Officer, the Planning Board must schedule, within
62 days, a hearing to review the timetable and project progress with
the developer. The Planning Board may:
(a)
Do nothing and require another review in one year;
(b)
Find compelling reasons why the project has fallen behind schedule
and vote to approve a revised site/subdivision plan with an amended
timetable; or
(c)
Find the project is behind schedule because conditions have
sufficiently changed since the creation of the PUD and recommend the
Town Board revoke or modify the PUD classification. The recommendation
must be made in writing and describe, in detail, the reasons for such
a recommendation.
(3)
Upon receiving notification from the Planning Board about a PUD project
that has fallen behind schedule, the Town Board may amend the Zoning
Law to revoke or extend the PUD District, as provided by Town Law.
No mobile home or mobile home park shall be erected or established except in conformity with Chapter 100, Mobile Homes and Mobile Home Parks, of this Code, and all permitting procedures connected with such uses shall be as provided therein.
Bungalow colonies, where the ownership of the development is
held in common by means of a condominium, cooperative, POA or similar
type agreement, or by a single owner acting as landlord; shall be
subject to the following requirements:
A.
Procedure. Bungalow colonies shall be processed in the same manner as multiple dwelling projects (see § 147-22) with the exception that the Code Enforcement Officer shall, in the instance of a development which has received preliminary or final approval, be authorized to issue separate building permits for each building provided the buildings conform with such plans and do not exceed permitted density. Also, the Code Enforcement Officer shall have authority to grant or deny, without Planning Board review, individual building permits within existing bungalow colonies existing on the date of this chapter's enactment, provided any new structures or improvements will meet the requirements of this section and do not exceed permitted density.
B.
Density. Density within bungalow colonies, measured in equivalent
dwelling units on the basis of estimated average sewage flows at full
occupancy, shall not exceed the number of dwelling units per acre
permitted within the district if the parcel on which the units are
constructed were to be developed for single-family use, or six dwelling
units per acre, whichever is less dense, calculating density in the
manner provided for in § 177-22B (pertaining to multiple
dwellings).
C.
Open space, nonresidential uses and utilities. Bungalow colonies
shall meet the standards applicable to multiple dwelling developments.
D.
Design criteria. The following design criteria shall apply to bungalow
colonies:
(1)
Dwellings shall be limited to single- and two-family types.
(2)
No part of any structure shall be located within 25 feet of the edge
of pavement of any road to or through the development.
(3)
Roads shall comply with minor street requirements as specified in
the Town of Liberty Subdivision Regulations.
(4)
No bungalow colony shall be served by more than one entrance and
one exit from any public highway, although the Planning Board may
waive this requirement in the interest of safety. All entrance and
exit drive locations shall be approved by the Town Highway Superintendent.
(5)
One and one-quarter parking spaces shall be provided for each dwelling
unit which spaces shall be located no further than 500 feet from the
unit they are intended to serve.
(6)
Each bungalow colony shall be provided with access from an improved
pedestrian right-of-way or access road within the development. No
unit shall have direct access to a public highway, however. Also,
no unit served by a pedestrian right-of-way shall be located further
than 300 feet from an access road.
(7)
All structures shall be separated at least 20 feet from each other
and setback a minimum of 75 feet from the perimeter boundaries of
the development. A planting strip may be required where the property
line is not wooded.
(8)
All sewer and water facility plans shall be acceptable to the Town
of Liberty Public Works Director and evidence thereof supplied with
the application for approval of the use. State approval and evidence
thereof shall also be required where applicable.
