A.
The purpose of this article is to permit and encourage alternative
concepts of developing and adapting land areas within the Town for
appropriate residential, recreational, or commercial, or a satisfactory
combination of such uses, where clustering and other land development
techniques will contribute to more effective and economic land use
development, protection of existing land uses and natural resources,
reduction of the need for extension of public services and systems,
and the strengthening of the Town's economic base, without departing
from the spirit and intent of the Comprehensive Plan and this Zoning
Law.
B.
This article contemplates the development of standards for the improvement
of an entire tract of land harmoniously, consistent with the spirit
and intent of the Comprehensive Plan. This article may apply to tracts
of vacant land, the redevelopment of improved lots or any combination
of the two. It may provide flexibility in the mix of permitted uses,
the application of dimensional requirements and other development
standards employed in the traditional zoning districts.
C.
Planned Development Districts described in this article are floating
zones and will not be identified on the Zoning Map unless and until
approved by the Town Board. Nothing herein shall obligate the Town
to establish a Planned Development District or to adjust or waive
permitted uses or development standards within any other district.
An application for a Planned Development District must demonstrate
that the development concept will be beneficial to the basic purposes
of this chapter, the Comprehensive Plan and related Town objectives.
A.
This article addresses the rezoning a tract of land intended to be
developed as a planned unit. The rezoning will establish a district
known as a Planned Development District (PDD). This article contains
criteria for two such Planned Development Districts: the Planned Residential
District (PD-R) and the Planned Recreational District (PD-Rec). The
criteria established by the Town Board for these districts have been
determined to be consistent with the Town's Comprehensive Plan.
An applicant may apply to establish a PDD with different criteria
but must show, among other things, that any such criteria are consistent
with the Comprehensive Plan.
B.
The first step in the process is the rezoning of the identified tract
of land. This action is subject to the approval the Town Board after
receiving the recommendation of the Planning Board.
C.
An application for any type of PDD must be accompanied by an environmental
assessment form as prescribed in 6 NYCRR Part 617. If the Town Board
determines that the rezoning may have a significant impact on the
environment, it will require the preparation of an environmental impact
statement (EIS). Where the development may consist of multiple phases
or otherwise when appropriate, the Town Board may elect to draft a
generic EIS.
D.
If the Town Board approves the establishment of the PDD, the applicant
will then apply to the appropriate Town authorities for any required
site-specific approvals (e.g., subdivision approval, site plan approval,
special use permit and building permit) according to the terms established
by the Town Board in the rezoning and by this Zoning Law.
A.
Minimum number of dwelling units. Four dwelling units housed in at
least two residential structures.
B.
Minimum size of district: five acres.
C.
Minimum green space buffer around perimeter of district: 50 feet.
D.
Dimensional requirements; number of allowable dwelling units.
(1)
Separate dwelling units may be placed closer together than would otherwise be permitted by the minimum lot width, lot size, road frontage, building setback and other dimensional requirements in any other residential zoning district, provided that the total number of dwelling units on the parcel does not exceed the number as calculated in Subsection E below and the number permitted by the Adirondack Park Land Use and Development Plan.
(2)
The maximum number of allowable dwelling units may be increased by
25% above the calculated number where it is demonstrated to the satisfaction
of the Town Board that the particular location and site can reasonably
sustain such increased density, provided that the number does not
exceed the number permitted by the Adirondack Park Land Use and Development
Plan.
E.
Calculation of number of allowable dwelling units. The maximum number
of allowable dwelling units shall be calculated by dividing the area
of the proposed PD-R, excluding water bodies, wetlands and land located
within a public highway right-of-way, by 20,000 square feet, and then
rounding to the nearest whole number.
F.
Permitted uses. Permitted uses include, but are not limited to:
(1)
One-family, two-family and multiple-family dwellings, or a combination
thereof. One-family dwellings include dwellings on individual lots.
(2)
Park, playground, swimming pool, golf course, and other developed
or natural recreation areas and facilities.
(3)
Accessory uses customarily incidental to the foregoing uses.
(4)
Limited commercial uses compatible with and supporting of the residential
uses within the district and otherwise clearly appropriate to surrounding
uses and to the location within the Town may be permitted. Specific
permitted commercial uses will be determined by the Town Board on
a case-by-case basis for each application.
G.
Natural shoreline preservation. In order to encourage maintenance
of undeveloped shoreline, the Planning Board may recommend to the
Town Board a cluster plan that limits the number of dwelling units
close to the shoreline or otherwise preserves an open space buffer
along the shore.
H.
Open space recreational use. An area for open space recreational
use shall be provided as follows:
(1)
Suitable and satisfactorily located lands comprising at least 5%,
but not more than 10%, of the area of the Planned Residential District
shall be designated and reserved for open space recreational purposes.
Such use may be either open space recreational use, motorized or nonmotorized.
Improvements and facilities to be provided as part of such area shall
be acceptable to the Town.
(2)
Such area may be offered for cession to the Town or retained in private
ownership under an agreement for its improvement and maintenance satisfactory
to the Town. In the instance where satisfactory accommodation of open
space recreation needs cannot be reasonably accomplished within the
PD-R, the Town may, at its discretion, accept a payment in lieu of
such land and its improvement that would represent a comparable value.
Any such payment would be credited to a recreation fund for the explicit
purpose of acquiring and/or improving recreational land and facilities
in the Town that would reasonably serve the needs of the residents
of the Planned Residential District and their guests.
(3)
The provision of such open space recreation area shall be in addition
to lands otherwise reserved for minimum required setbacks, buffer
areas and the preservation of unique or outstanding site characteristics.
I.
Conversion of existing use. Conversion of existing resort lodge,
club facilities to one-family dwellings may be permitted through establishment
of a Planned Residential District.
J.
Common docking area. A common docking area, rather than individual
docking areas, shall be allowed for each Planned Residential District.
That docking area cannot create a conflict with existing beach and/or
a designated swimming area uses. The size of the docking area is limited
to the density of the approved plan. No marina or other commercial
services relating to boating activities is permitted.
K.
Maintenance plan. Any PD-R District must have an approved plan for
garbage disposal, snow removal, and road maintenance.
L.
Boathouses. Boathouses will not be allowed on lake frontage.
M.
Circulation system design standards.
(1)
All buildings shall be arranged to be accessible to emergency vehicles.
(2)
There shall be an adequate, safe and convenient arrangement of pedestrian
circulation facilities, roadways, driveways, off-street parking and
loading space.
(3)
Roads, pedestrian walks and open space shall be designated as integral
parts of an overall site design. They shall be properly related to
existing and proposed buildings, and appropriately landscaped.
(4)
Buildings, vehicular circulation and open spaces shall be arranged
so that pedestrians moving between buildings are not unnecessarily
exposed to vehicular traffic.
(5)
Landscaped, paved and comfortably graded pedestrian walks shall be
provided along the lines of the most intense use, particularly from
building entrances to streets, parking areas and adjacent buildings.
(6)
Paving, lighting fixtures, retaining walls, fences, curbs, benches,
and similar elements, shall be of good appearance and quality, easily
maintained and, shall be constructed in accordance with the Town standards.
The Planning Board may impose further requirements or stipulations
it deems necessary.
N.
Landscape design standards.
(1)
Landscape design plans shall be subject to review by the Planning
Board.
(2)
Landscape treatment for roads, sidewalks, service and parking areas
shall be designated as an integral part of a coordinated landscape
design for the entire project area.
(3)
Primary landscape treatment shall consist of shrubs, ground cover,
and street trees, and shall combine with appropriate walks and street
surfaces to provide an attractive development pattern. Landscape materials
selected should be appropriate the surrounding environment.
(4)
Whenever appropriate, existing trees shall be conserved and integrated
into the landscape design plan.
(5)
All streets bordering the project area shall be planted at appropriate
intervals with street trees.
A.
Minimum size of district: five acres.
B.
Minimum green space buffer around perimeter of district: 50 feet.
C.
Maximum building coverage: 15%.
D.
Maximum building height: 35 feet.
E.
Number of tourist accommodation units: shall not exceed the number
permitted by the Adirondack Park Land Use and Development Plan.
F.
Permitted uses. Permitted uses include, but are not limited to:
G.
Roadways. All roadways, access drives and parking areas shall be
constructed in accord with Town standards and, any further requirements
or stipulations deemed necessary by the Planning Board.
Application for a Planned Development District shall be processed
in the following steps.
A.
Amendment to the Zoning Law. The approval of Planned Development District shall constitute an amendment of the Town of Inlet Zoning Map. The text of the Zoning Law may also be amended as part of the approval. Any such approvals will fully comply with the requirements of Town Law § 265, § 160-98 of the Zoning Law and this section.
B.
Sketch plan conference. An applicant may submit a sketch plan containing
information identified in Appendix A[1] to the Planning Board, and arrange to informally discuss
a project with the Planning Board in order to identify key land use
and development considerations and potential problems, if any, to
be evaluated in future refinement of a Planned Development District
proposal prior to making an application to the Town Board.
[1]
Editor's Note: Schedule A is included at the end of this
chapter.
C.
Submission of preliminary plat/plan. An applicant must submit an application to the Town Board for the establishment of a PD-R or PD-Rec District. Such application shall contain all of the information required in Appendix A for a sketch plan and a preliminary plat/plan, accompanied by the preliminary plat or plan. In addition, the applicant will submit a draft master plan for the site which includes a description of the applicant's objectives and how such objectives relate to the Town's Comprehensive Plan. Such information shall fully explain and locate all proposed new and modified land use and development. In addition, the applicant will provide proof that it owns or controls the development rights to all of the land in the proposed PDD. When these documents, together with the environmental assessment form (See Subsection D below.), are submitted to the Town Board, at its earliest opportunity it shall refer same to the Town Planning Board for review and recommendation.
D.
State environmental quality review act.
(1)
All such applications shall be subject to the State Environmental
Quality Review Act (SEQRA), Article 8 of the Environmental Conservation
Law, and all of the rules and regulations adopted pursuant thereto
as set forth in 6 NYCRR Part 617.
(2)
In addition to the thresholds established in 6 NYCRR 617.4, all such
applications which propose a project which is situate within the APA
hamlet area of the Town and bounded by Fourth Lake and New York State
Route 28 and the South Shore Road, regardless of size of the proposed
project, and in all other proposed projects of 25 new residential
units or more, shall be considered a Type I Action as defined by SEQRA,
and the applicant shall submit a full environmental assessment form
(EAF) as required by Section 6 NYCRR 617.5 with the application which
shall be referred to the Town Planning Board with the application.
(3)
In any application for a Planned Development District, the Town Board
will take any measures necessary to be designated as the lead agency
in a coordinated review.
(4)
At its earliest opportunity, the Planning Board will review the EAF
and make recommendations to the Town Board regarding the determination
of significance required pursuant to 6 NYCRR 617.7. The Planning Board
may hold a public meeting or hearing prior to make its recommendation.
(5)
Upon receiving the Planning Board recommendation, the Town Board
will determine whether an EIS is required. If an EIS is required,
the application will not be complete until a draft EIS has been accepted
by the Town Board for public review.
E.
Planning Board review of preliminary plat/plan and proposed zoning
amendment. The Planning Board shall review such application including
all documents submitted pursuant to the SEQRA.
(1)
The Planning Board may recommend such changes in the preliminary
plan as are found to be necessary to meet the requirements of this
article, to protect established permitted uses and natural resources
in the vicinity, to promote the orderly growth and sound development
of the Town and to minimize adverse environmental impacts in order
to comply with the requirements of SEQRA. In evaluating the proposal
and in making a recommendation regarding the preliminary plans and
the zoning amendment, the Planning Board shall consider and make findings
regarding the following:
(a)
The need for the project.
(b)
The degree to which the plan is or is not consistent with the
stated purposes of the Planned Development District.
(c)
The extent to which the plan departs from zoning regulations
formerly applicable to the property in question, including but not
limited to permitted uses, bulk, density and other standards, and
its relationship to the Adirondack Park Act and the Adirondack Land
Use and Development Plan Map.
(d)
The existing character of the neighborhood and the relationship,
beneficial or adverse, of the proposed development to this neighborhood.
(e)
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.
(f)
The provision for pedestrian circulation and open space in the
planned development, the reliability of the proposal for maintenance
and conservation of the common open space and pedestrian circulation
as related to the proposed density and type of development.
(g)
The recognition and satisfactory accommodation of important
natural and physical features on or adjoining the site and limitations
and opportunities of such features.
(h)
The traffic circulation features within the site including the
amount of, location of, and access to vehicular parking, loading,
and related service areas.
(i)
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.
(j)
The provision for storm drainage, sanitary and solid waste disposal,
water supply, and other services on and adjacent to the site.
(k)
The proposed location, type and size of signs and landscape
features.
(l)
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, visual enjoyment,
and natural resource protection.
(2)
The Planning Board shall report its findings and make its recommendation
to the Town Board within 45 days. It may recommend approval, disapproval
or conditional approval subject to modifications regarding the proposed
development.
(3)
The Planning Board may retain the services of a professional planner
or such other professionals as are necessary to evaluate the proposal.
The reasonable cost of such services will be the expense of the applicant.
The Planning Board may require the payment of such costs, or installments
thereon, by the applicant into an escrow account held by the Town
as escrow agent in order to ensure payment to retained professionals.
F.
Hearings; amendment of Zoning Map; conditions.
(1)
After the receipt of the recommendations of the Planning Board, the
Town Board shall hold a public hearing after public notice as required
for any amendment to this chapter and shall consider the report and
recommendations of the Planning Board and all other comments, reviews
and statements pertaining thereto. To the extent practicable, any
such hearing will be combined with any hearing required pursuant to
SEQRA.
(2)
Where a draft EIS has been prepared, no decision on establishing
a Planned Development District until at least 10 days after the final
EIS has been adopted.
(3)
The Town Board may amend the Zoning Map, with or without conditions,
amend the text of this Zoning Law or refuse to adopt any amendment.
Any such amendment may be adopted only after compliance with the procedures
in the Municipal Home Rule Law for amending a local law.
(4)
In addition, where the proposed project will be subject to the approval
of the APA, the Town Board may delay the effective date of the amendment
until the project has been approved by the APA. If the approval is
inconsistent with the zoning amendment, the Town Board may take the
necessary steps to conform the zoning amendment. In the event that
the APA denies the permit for the project (and all judicial appeals
have been exhausted) or in the event the Town Board determines that
the APA application has been abandoned, the Town Board will take the
necessary steps to revoke the zoning amendment and the existing zoning
will continue in effect.
(5)
The Town Board may, with all proposed projects consisting of 24 or
fewer new residential units, 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 in the
section further restricting the nature or design of the above development.
(6)
The Town Board may, with all proposed projects consisting of 25 or
more new residential units proposed in the APA hamlet area of the
Town, conditionally approve amending 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
section further restricting the nature or design of the above development.
If the Town Board conditionally approves the amending of the Zoning
Map to create a Planned Development District which proposes 25 or
more new residential units in a hamlet area, then pursuant to § 810,
Subdivision (1)(a)(2), of the Adirondack Park Agency Act, Executive
Law Article 27, such projects shall constitute a Class A Regional
Project and shall be subject to the jurisdiction of the Adirondack
Park Agency.
(7)
The amending of the Zoning Map creating a Planned District for projects described in Subsection E(2) above will not occur until the APA has fully reviewed the proposed project and has issued its approval of such project, at which time the Town Board shall amend the Zoning Map to establish and define the type and boundaries of the Planned District in conformity with all of the conditions set forth in the APA approval and may state specific conditions in addition thereto and in addition to those provided in this article further restricting the nature or design of the above development. The APA review and the Town's approval process set forth in this section may run concurrently. In no event will the Town issue a permit pursuant to said section until such time as the APA review has been completed and it has issued its approval of the project.
G.
Planning Board approval of development within an established Planned
District:
(1)
Amendment of the Zoning Map to establish a Planned District shall
not constitute authorization to undertake any construction and development
in the district.
If construction in accordance with the approved plan has not
commenced within one year after the date of the resolution authorizing
issuance of the permit, the permit shall become null and void, and
the approval shall be deemed revoked and vacated, except that such
time period may be extended upon application to and authorization
by the Planning Board.
A residential unit, for the purposes of this article, shall
include a residential lot, parcel or site or residential unit, whether
designed for permanent, seasonal and transient use.
A.
Every application for a Planned Development District pursuant to
this section will be accompanied by a check payable to the Town of
Inlet in an amount determined by a fee schedule established by the
Town Board. The application charge is a flat fee to cover direct administrative
expenses and is nonrefundable regardless of the final decision on
the application.
B.
The applicant shall agree, in writing, to pay all reasonable costs
for professional review of the application, including engineering,
legal, planning, and other expenses connected with the review of the
application.
C.
Additionally, each applicant shall agree, in writing, to pay all
reasonable costs for the Town's inspection of the constructed
improvements.
D.
All such costs for review and inspection and testing must be paid
before any construction permit is issued and all remaining costs must
be paid in full before any occupancy of the premises is permitted
or a certificate of occupancy issued.
E.
If an applicant desires a court reporter, the costs of taking testimony
and transcribing it and providing a copy of the transcript to the
Town of Inlet shall be at the expense of the applicant who shall arrange
for the reporter's attendance.
