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 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.
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.
(2) In order to proceed with the project the applicant shall.
(a)
Submit to the Planning Board such further plans and specifications,
supporting documents and data as are required under final plat/plan
in Appendix A;
(b)
Obtain site plan review and approval pursuant to Article
IX of this Zoning Law;
(c)
Comply with any other requirements or conditions imposed by
the Town Board in the zoning amendment; and
(d)
Where applicable, obtain approval from the APA.
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.