[Added 10-2-2013 by L.L.
No. 1-2013]
A.
Intent. The Binnewater Lakes Conservation Planned Development Area
("BLCPDA") is a special planning area intended to recognize the unique
environmental, historic and economic importance of the Binnewater
Lakes and their surrounds, consistent with the principal objectives
of the Town of Rosendale Comprehensive Plan. The area is home to important
geologic, surface water and habitat resources and has historically
served as an important economic resource for the Town via the extraction
and tourism industries. The area also contains an approximately one
and one-half-mile section of the Wallkill Valley Rail Trail that has
been closed to public access. Creating public access to this one and
one-half-mile section enables uninterrupted access from both the north
and the south of the area to a twenty-four-mile regional rail trail
from Wallkill to Kingston, NY. The area is also unique in that it
has principally remained in uniform ownership and/or control for the
last 80 years and it is likely to remain that way into the foreseeable
future. The Town Board wishes to take advantage of all of these unique
characteristics by establishing a mechanism that will create the opportunity
for the uniform conservation, planning and development of this area
as well as a sustainable redevelopment of the Williams Lake Hotel
Resort, which has served for decades as a principal tourist destination
within the Town. Such a mechanism is in keeping with the specific
objectives of the Comprehensive Plan to preserve existing businesses
and ensure conservation, planning and development while ensuring public
access connectivity to the Wallkill Valley Rail Trail. The Rosendale
Comprehensive Plan's principal goals are: 1) the preservation of resources
(including open space, water resources, ecosystems, historic features,
etc.); 2) enhancing the value of land through planned development;
and 3) improving the efficiency of community infrastructure and services.
In furtherance of these objectives, this zoning section authorizes
the location of a Lakes Conservation Planned Development within the
BLCPDA consisting of both resort and residential uses as well as public
recreational use of the Wallkill Valley Rail Trail through the property,
and sets forth comprehensive regulations for such development to ensure
that it can be properly located, maintained and constructed to accomplish
its purpose without detriment to the environment and the general health,
safety and welfare of the residents of the Town of Rosendale.
B.
Establishment of Binnewater Lakes Conservation Planned Development Area. The Binnewater Lakes Conservation Planned Development Area (BLCPDA) is hereby established as a special planning area within the Town of Rosendale. The area is depicted on the Zoning Map promulgated pursuant to § 75-5 of the Zoning Law. The area presently consists of approximately 779 acres (6%+/- of Town's total land mass). The Town Board may amend the Zoning Map to place additional adjoining acreage into the BLCPDA. The BLCPDA designation does not alter the underlying zoning classification of the properties located within its boundaries. Any application for a Lakes Conservation Planned Development made pursuant to this section shall be solely governed by the regulations contained herein.
C.
Lakes Conservation Planned Development.
(1)
A Lakes Conservation Planned Development (LCPD) is a planned, mixed-use
development on a large tract of land within the BLCPDA designed to
maximize conservation and protection of important natural resources
while authorizing compact development of a range of uses that can
support and sustain a responsible economic development model for the
Town. The appropriate redevelopment of the Williams Lake Hotel Resort
is a critical component of this model and is required as part of any
Lakes Conservation Planned Development application.
(2)
A Lakes Conservation Planned Development requires Master Development
Plan approval from the Town Board, site plan and, as necessary, subdivision
approvals from the Town Planning Board in accordance with the procedure
set forth and upon compliance with the standards and regulations herein.
No application for site plan, subdivision or other site-specific approval
for any phase or section of a Lakes Conservation Planned Development
shall be reviewed or approved until a Master Development Plan has
been approved by the Town Board in accordance with the requirements
herein.
D.
Development standards and objectives. A Lakes Conservation Planned
Development shall demonstrate compliance with the following development
standards and objectives:
(1)
Protection of important natural resources including but not limited
to the Binnewater Lakes, other important surface- and groundwater
resources, wetlands, vernal pools, endangered species and their habitat,
mature forest and sensitive geological features including steep slopes
and sites with Karst geology (hydrogeologically sensitive carbonate
geology); protection of large, contiguous unaltered tracts; preservation
of links between natural habitats on adjacent properties; restoration
and maintenance of broad buffer zones of natural vegetation along
streams and water bodies and minimization of impervious areas.
(2)
Redevelopment of the Williams Lake Hotel Resort as a principal tourist
destination for the Town.
(3)
Utilization of a compact development footprint.
(4)
Preservation of a significant expanse of open space with minimization
of the fragmentation of existing forested areas. A minimum 65% of
the development's gross site acreage must be preserved as open space.
(5)
Preparation of a long term resource management plan for existing
lands under conservation easement as well as additional lands that
become subject to conservation protection. Such plan shall include
mechanisms to provide for public access to conservation areas for
research and/or educational purposes.
(6)
Protection of significant prehistoric and historic cultural resources
deemed important by the New York State Historic Preservation Office.
(7)
Incorporation of an environmental and historical education feature
into the development plan
(8)
Inclusion of a public access component into the development plan
that provides the following public recreational uses:
(a)
Free public access/connectivity to the Wallkill Valley Rail
Trail system. Such access should be accorded generally along the existing
historic railbed, and shall be effective no later than first phase
site plan approval by the Town Planning Board. The Master Plan shall
include the mechanism to assure permanent and free public access.
(b)
Public access to Williams Lake, Fourth Binnewater Lake and lands
protected by conservation easement whether free or via a fee day pass
or some other method as may be applicable.
(9)
Provision of an affordable and/or workforce housing component within
the development plan, or support of another affordable housing effort
or project within the Town. An affordable housing plan shall be submitted
as part of the Master Development Plan materials.
(10)
Incorporation of sustainable practices applicable in the construction
and operation of the development. Sustainable practices include, but
are not limited to, green infrastructure techniques for on-site stormwater
filtration, local sourcing of materials, water conservation methods,
use of energy efficient building materials, mechanical systems and
home appliances, use of certified sustainable products and materials,
generation of on-site renewable energy, recycling and composting of
solid waste, pedestrian-focused design, protection of natural resources
and habitat, etc. Demonstration of sustainability will require commitments
to participate in one or more of the following or substantially similar
green building certification standards: LEED, Living Building Standards,
Green Globes, Energy Star, etc.
(11)
Provision of central water and sewer, cable television, telephone,
propane gas and electric service. Utility service lines will be buried
underground to the maximum extent practicable.
(12)
Access to the development must be from a public street which
meets current accepted design standards with respect to roadway width
and alignment.
(13)
The planned development shall incorporate a second means of
ingress/egress for safety/emergency reasons. Private roadways shall
be designed to assure adequate emergency access at all times during
the construction phase and afterward.
(14)
Identification of appropriate legal mechanisms to preserve and
protect important natural resources and open spaces and to govern
and regulate common area elements of the development plan.
E.
Permitted principal and accessory uses.
(1)
Principal uses. The following principal uses shall be permitted in
a Lakes Conservation Planned Development:
(a)
Hotel/resort rooms and suites within a single building or multiple
buildings.
(b)
Recreational amenities supportive of the hotel/resort as a seasonal
or year-round destination. Such amenities shall include both indoor
and outdoor recreational and/or health-related facilities. Examples
include, but are not limited to, a spa, gymnasium, boating, swimming,
hiking, mountain biking, agricultural, equestrian, and winter sports
facilities.
(c)
Single-family dwellings.
(d)
Two-family dwellings.
(e)
Multifamily dwellings.
(f)
Any other residential use or housing/dwelling type approved
by the Town Board in the Master Development Plan.
(g)
Buildings and structures for the common recreational or social
use, education, wellness and enjoyment of guests or residents of the
resort and/or Rosendale community, or designed for the provision of
services to the guests or residents of the resort and/or Rosendale
community.
(h)
Park and conservation areas.
(i)
Community buildings and activity spaces.
(j)
Entry gate, security, valet and concierge stations.
(k)
Community-oriented agricultural uses.
(2)
Permitted accessory uses. Any uses which are customary, incidental
or subordinate to a principally permitted use within the approved
Master Development Plan. Examples include special events associated
with resort amenities, parking areas, utilities and utility structures
(including renewable energy installations), restaurants, bars, kiosks,
and gift shops servicing hotel/resort guests or development residents.
F.
Bulk and lot requirements.
(1)
Due to the unique nature of the LCPDA and the intent to provide design
flexibility in the creation of a Lakes Conservation Planned Development,
the bulk and lot requirements established elsewhere in the Zoning
Law are not applicable here. Bulk and lot requirements for both residential
and nonresidential uses (principal and accessory), including minimum
lot area, minimum yards, minimum setbacks, open space and other bulk
and lot standards shall be determined by the Town Board as part of
the Lakes Conservation Planned Development Master Plan review process.
(2)
Notwithstanding the above, the maximum residential and nonresidential
development in a Lakes Conservation Planned Development shall be as
follows:
(a)
Maximum nonresidential development.
[1]
No more than 35 acres shall be used for nonresidential development.
For purposes of this provision nonresidential development does not
include lakes, trails, or beach areas.
[2]
The maximum building height for a hotel lodge shall be 75 feet
or five stories, whichever is less. All other nonresidential buildings
shall have a maximum height of three stories or 45 feet, whichever
is less.
(b)
Maximum residential development.
[1]
No more than 45 acres shall be used for residential development.
Land that is prohibited from development by deed restrictions, whether
held in common ownership or within a residential lot, is excluded.
[2]
The maximum building height shall be three stories or 45 feet,
whichever is less.
[3]
Maximum residential lot coverage of all buildings, structures
and other paved/ concrete surfaces (including parking/ walking surfaces)
on any residential lot shall be no more than 40% of the lot area.
[4]
Residential lot sizes and setbacks.
[a]
Single-family residences shall have a minimum lot
size of 22,000 square feet (approximately 1/2 acre), minimum front
setbacks of 15 feet, minimum rear setbacks of 25 feet and minimum
side setbacks of 10 feet for any structure.
[b]
Multifamily sites (whether two-family, three-family
or greater) shall have a maximum density of 15 units per acre, and
all multifamily structures shall have minimum separations of 20 feet,
minimum front setbacks of 20 feet and minimum rear setbacks of 25
feet.
[c]
Total residential and nonresidential site disturbance
shall not exceed the maximum amount of site disturbance determined
during the SEQRA process.
G.
General design guidelines. A Lakes Conservation Planned Development
shall comply with the following general design guidelines:
(1)
Architectural elements shall be used to provide visual interest and
promote integration of design elements.
(2)
Groups of related buildings shall be designed to present a visually
attractive appearance in terms of combination of juxtaposition of
architectural style and massing of buildings.
(3)
Provide safe, efficient and convenient vehicular and pedestrian access
and circulation patterns, including pedestrian connectivity between
residential and commercial components, including parking areas.
(4)
Parking will meet underlying zoning requirements as per § 75-19 in terms of number of spaces required. Shared parking facilities are encouraged. On-street parking may be allowed provided the street width is adequate to safely accommodate on-street parking and safe passing by emergency vehicles. Parking areas should be designed for a safe and orderly flow of traffic throughout the site as well as for on-site stormwater management. Major circulation patterns within parking areas should be well defined with appropriate landscaped buffers and/or islands. Parking spaces along main circulation drives should be avoided. To the maximum extent practicable, dead-end parking lots shall be avoided. Parking areas shall be designed to maximize on-site ground filtration of stormwater and shall include those of the following practices and techniques or other best management practices as deemed appropriate and necessary for site-specific conditions:
(a)
Use of underground stormwater chambers to divert stormwater
through impervious parking surfaces;
(b)
Integration of stormwater practices in landscape islands to
help treat stormwater runoff on site;
(c)
Use of pervious paving blocks and/or pervious composite surfaces;
(d)
Incorporation of compact car spaces to reduce impervious surface
cover;
(e)
Integration of green swale areas on the perimeter of parking
lots to reduce stormwater flow;
(f)
Use of shared parking among adjacent uses to reduce impervious
surface cover.
(5)
Building lines shall be varied to the extent practical to provide
an interesting interplay of buildings and open spaces.
(6)
The layout of residential areas shall create neighborhoods of appropriate
scale and design, providing entrance features, landscaping, pedestrian
and vehicular circulation suitable to the type of housing provided.
(7)
Buildings shall be designed with consideration of their appearance
from vantage points both within,and outside the BLCPDA.
(8)
Appurtenances on buildings and accessory structures shall receive
architectural treatment consistent with that of principal buildings.
(9)
Where practical, use of natural materials shall be utilized for construction
of buildings and site features. Natural materials shall be locally
sourced to the extent feasible.
(10)
Palettes and colors consistent with the natural landscape shall
be used.
(11)
Provision of more than one point of access to the site.
(12)
Site lighting. Eliminate adverse impacts of light through spillover;
provide attractive lighting fixtures and layout patterns that contribute
to unified exterior lighting design of nonresidential developments;
and provide exterior lighting that promotes safe vehicular and pedestrian
access to and within a development, while minimizing impacts on adjacent
properties and wildlife.
(13)
Landscaping, screening and fencing. Use landscaping to visually
tie the entire development together, define major entryways and circulation
(both vehicular and pedestrian) and parking patterns, and, where appropriate,
help buffer less intensive adjacent land uses. Use natural and landscaped
areas wherever feasible to visually soften paved areas and buildings,
screen service areas (e.g., mechanical and utility equipment, loading
docks, parking, solid waste facilities, etc.) as well as to mitigate
stormwater runoff. Incorporate landscaping (with a preference for
trees) to screen parking areas for visual and noise impacts and to
provide shading. Incorporate existing trees and shrubs into landscape
design to the extent possible by beginning landscape design planning
prior to clearing and grading of site. When incorporating new plantings
into landscape design, use noninvasive and preferably native plant
species, and environmentally sustainable design to efficiently lower
the use of required irrigation. Minimize fencing.
(14)
Signage. A Master Signage Plan, containing announcement and directional signage, shall be established for the planned development. Signage shall be at a scale and design that is consistent with the character of the planned development. In developing the Master Signage Plan, consideration shall be given to § 75-22 of the Zoning Code, although strict compliance with that section shall not be required.
H.
Specific design standards. The BLCPDA allows flexibility to encourage
innovative site planning and design. Toward that end, specific design
standards are to be established for the Lakes Conservation Planned
Development as part of the Master Development Plan process. The adopted
design standards shall govern and be incorporated into the design
of individual site plans and/or subdivision plans for each building
phase and/or section of the development.
I.
Master Development Plan; application, review and approval.
(1)
Application.
(a)
An application for approval of a Master Development Plan shall
be made in writing to the Town Board and on forms and in such quantity
as may be prescribed by the Planning Board. In addition, the applicant
shall provide electronic copies of all submitted application materials
on a CD, flash drive or other electronic storage means.
(b)
The application shall include the following information:
[1]
Site location map. A site location map showing the location
of the site in relation to existing roads, properties, structures,
land uses, zoning districts, service and utility districts and other
significant information for the subject property and all areas within
500 feet of the subject property.
[2]
Constrained lands map. A map or series of maps on a current
topographic base depicting all constrained lands on the site. For
purposes of this section, constrained lands shall include, but not
necessarily be limited to, wetlands or other waters of the U.S. (perennial,
intermittent and ephemeral streams), vernal pools, lakes, streams,
rivers, steep slopes (15% or greater), abandoned mines, caves, fissures,
bedrock outcroppings, delineated endangered/ threatened species habitat
(unless prohibited by regulatory wildlife agencies), and other sensitive
natural habitats.
[3]
A narrative report describing how the proposed Master Development
Plan is compliant with applicable SEQRA findings.
[5]
Land use and development plan. A proposed land use and development
plan illustrating the applicant's land use and development concept
for the entire property. The plan shall also depict those lands proposed
to be set aside for open space, public access and/or conservation,
including, but not limited to, proposed conservation areas, lands
set aside for public recreation, rail trails, roads and/or structures
provided for public transportation, etc.
[6]
Phasing plan. A proposed phasing plan indicating the phasing
of site development and infrastructure improvements (both on site
and offsite), including the anticipated general order of construction
and the estimated timing of each phase. Phases should be identified
on the Master Development Plan and each phase should be able to stand
independent of other phases for water, sewer and access.
[7]
Affordable/workforce housing plan. An affordable (and/or workforce)
housing plan indicating the number of units, physical design, timing
of inclusion in the construction phase and income thresholds to access
the affordable/ workforce housing units.
[8]
Additional information. Such additional information in narrative
or graphic form as may be required to enable the Town Board to make
its determinations as required herein.
[9]
Fully engineered plans and construction details are not required
at this stage of the process.
(c)
Fees. An application shall be accompanied by an application
fee as prescribed by the Town Board. If professional review of the
application is required by a designated private planning, engineering,
legal or other consultants or, if other extraordinary expense to review
documents or conduct special studies in connection with the proposed
application is incurred, reasonable fees shall be paid for by the
applicant, through an escrow account established by the applicant
and the Town. An escrow agreement shall be signed by the applicant
and a payment shall be made to the Town prior to the review of any
application materials by the Town's consultant(s).
(2)
Application review. The review of a Master Development Plan shall
be conducted in accordance with the following procedure.
(a)
Upon receipt of application, the Town Clerk shall notify the
applicant of the place, date, and time of the meeting at which the
application is to be considered. The applicant or the applicant's
representatives shall be present at meetings at which the application
is to be considered.
(b)
Upon receipt the Town Clerk shall forward the application to
the Town Planning Board for review and recommendations. The Town Planning
Board shall have 30 days from receipt of the application to provide
its recommendations to the Town Board.
(c)
GML review. The complete application shall be referred to the
Ulster County Department of Planning for any review under GML § 239-l,
239-m, 239-n or 239-nn.
(d)
SEQRA review. The Town Board shall determine whether the application
complies with any applicable SEQRA findings. If the application complies
with such SEQRA findings, no further SEQRA review shall be conducted.
If the application does not comply with such findings, the Town Board
shall proceed to issue or recommend issuance of a determination of
significance for the proposed action and the application shall not
be deemed complete until it is determined that no further SEQRA review
is required; a negative declaration is issued, or a draft supplemental
environmental impact statement has been accepted by the lead agency.
[NOTE: An environmental impact statement was prepared and findings
issued in connection with the adoption of this section of the Zoning
Law. That EIS reviewed a conceptual plan for the project which served
as the basis to establish environmental performance criteria governing
the future development of the LCPDA.]
(e)
Public hearing. Within 62 days of receipt of a complete application,
the Town Board shall hold a public hearing on the Master Development
Plan application. Notice of the public hearing shall be published
in the official newspaper of the Town at least 10 days prior to the
date set for public hearing. The Town Board may provide that the hearing
be further advertised in such manner as it deems most appropriate
for public consideration of the application. All notices shall include
the name of the development, the location of the development site,
and the date, place, time and subject of the public hearing at which
the application will be reviewed.
(f)
Town Board action. Within 62 days of the close of the public
hearing the Town Board shall act to approve or disapprove the Master
Development Plan application. The time within which the Town Board
must render its decision may be extended by the mutual consent of
the applicant and the Town Board. The Town Board may, if it deems
it necessary in order to protect the public health, safety and welfare
of the community, attach to its approval any reasonable conditions
or requirements for the applicant to meet. The decision of the Town
Board shall be filed in the office of the Town Clerk within five business
days of the date such decision was rendered, and a copy thereof shall
be mailed to the applicant.
(g)
Amendment.
[1]
Amendment of an approved Master Development Plan is required
if:
[a]
There are proposed construction activities which
extend materially beyond the limits of disturbance shown on the approved
Master Development Plan.
[b]
Principal development areas or significant uses
are relocated from the general locations shown on the approved Master
Plan to completely different locations on a property.
[c]
Changes are proposed that would result in a potentially
significant adverse impact to the environment not otherwise addressed
in the original Master Development Plan approval process.
[d]
Changes are proposed that would require new material
approvals or permits not identified in the original Master Development
Plan approval process from other agencies.
[e]
It is proposed to eliminate any public access element
previously identified on the approved Master Development Plan.
[2]
Any required amendment shall be by application to the Town Board,
and the Town Board shall review such amendment in accordance with
the procedure set forth above.
[3]
Deviations from the approved Master Development Plan which do
not fall within the criteria for required amendment set forth above
may be authorized by the Planning Board during site plan review.
J.
Criteria for approval of a Master Development Plan. In determining
whether or not to approve a Master Development Plan, the Town Board
shall consider the extent to which the proposed plan meets the following
criteria:
K.
Site plan and subdivision approvals.
(1)
Site plan approval required. Site plan review and approval by the Planning Board as provided in § 75-40 of the Zoning Law shall be required prior to the commencement of any site work or the issuance of a building permit.
(2)
Subdivision approval. If a subdivision of property is proposed, subdivision approval from the Planning Board in accordance with Chapter 60 of the Town Code is required. Such approval shall be received prior to commencement of any site work or the issuance of a building permit. The subdivision plan application may be for a single phase or multiple phases of the Master Development Plan, or it may be for the whole area covered by the Master Development Plan. A bulk subdivision of the Master Plan Development Area which divides the site into a single residential area and a single nonresidential area shall be treated as a minor subdivision.
(3)
Concurrent reviews. Applications for site plan and subdivision approval
may be processed concurrently by the Planning Board. Similarly, at
the applicant's request and at the applicant's sole risk, the Planning
Board may process an application for site plan approval or site plan
and subdivision approval or any phase thereof concurrent with the
Town Board's processing of an application for Master Development Plan
approval. In cases of concurrent review, the review process shall
be coordinated to the extent practical including, as necessary, the
conduct of a combined public hearing and continued public hearing
covering applications for multiple approvals.
L.
Time limits and vesting.
(1)
An application for site plan approval of either a Master Development
Plan or a phase thereof shall be submitted within two years of the
Town Board's grant of Master Plan Development approval. Failure to
submit an application for site plan approval within that period shall
provide the Town Board with the ability to render the Master Plan
Development approval null and void and of no force or effect with
all fees forfeited.
(2)
Construction work on the Lakes Conservation Planned Development shall
commence within three years of the date of any final site plan approval,
including the satisfaction of any conditions stipulated in the site
plan approval and the receipt of all other required permits and approvals
from involved agencies. If construction does not commence within said
period, then the Town Board shall have the right to declare the Master
Plan Development Approval to become null and void and all rights shall
cease with all fees forfeited.
(3)
Individually approved phases of the Master Development Plan shall
be substantially completed, defined as seventy-five-percent complete,
within five years of commencement of construction of such phase, as
determined by the Code Enforcement Officer. If the phase is not substantially
completed within said timeframe, and failure to substantially complete
such phase negatively impacts future phases, then construction of
any new phase may be prohibited by the Town Board until the required
substantial completion of such phase occurs.
(4)
Upon written request by the applicant, any of the time limits prescribed
above may be extended by the Town Board for good cause. Among the
examples of good cause are delays occasioned by lawsuits, poor market
conditions, unforeseen site conditions and force majeure. The Town
Board shall not withhold such extension unless it finds that the applicant
is not proceeding with due diligence or is otherwise violating the
conditions upon which the approvals were granted. Extensions shall
not exceed three years unless the applicant submits a request for
further extensions.
(5)
Within the time limits prescribed above, and for any extension period
granted by the Town Board, the Master Development Plan and the Lakes
Conservation Planned Development shall be deemed to have obtained
vested rights for purposes of completing the approved development
notwithstanding any subsequent changes in zoning. Nor shall anything
herein be deemed to abrogate the applicant's right to acquire common
law vested rights based on its substantial "in-ground" investment
in the development project.
