A.
Planned development districts (PDDs) provide a procedure for allowing
flexible land use and design through creative planning and design.
PDDs allow development matched to the unique characteristics of the
site and allow innovative development techniques that might not otherwise
be possible through strict application of standard use, area, bulk
and density specifications.
B.
Approved PDDs will enable greater flexibility than conventional zoning
while providing a customized regulatory framework that recognizes
the unique environmental, physical, and cultural resources of the
project area and neighborhood. PDD legislation adopted by the Town
Board will replace the existing zoning for the parcel or parcels becoming
PDDs and will become the basis for detailed design, review and control
of subsequent development.
C.
Planned development districts shall advance the goals of the Comprehensive
Plan, promote innovation in the design and layout of structures and
encourage compact, pedestrian-oriented development and redevelopment,
ensure adequate provision of community services, and preserve significant
natural features and permanently protect open space resources.
D.
Planned development districts shall encourage a mix of uses on one
site which is not attainable through traditional zoning. The intent
of PDDs is not to circumvent the variance or traditional zoning amendment
process in order to establish single uses which would not normally
be allowed by the underlying zoning district.
E.
While flexibility is encouraged, it is intended that conformance
with the Comprehensive Plan, municipal service availability and the
purposes of this chapter shall ensure that the general welfare is
protected through equal treatment under this uniform procedure. The
Town Board shall consider the health, safety and welfare of the residents,
as well as the aesthetics of all proposed project approvals.
In order to carry out the intent of this chapter, all approved
PDDs shall:
A.
Produce a development pattern in harmony with the land use intensity,
transportation facilities, and community facilities objectives of
the Comprehensive Plan.
B.
Preserve significant natural topography, geological features, scenic
vistas, and ecosystems.
C.
Prevent the disruption of natural drainage patterns, soil erosion,
and uncontrolled surface water drainage.
D.
Preserve and integrate historically significant structures and sites
with viable adaptive uses.
E.
Use land efficiently, resulting in smaller networks of streets and
utilities and thereby lower development and maintenance costs.
F.
If residential in land use, provide a maximum choice in occupancy
tenure (e.g., individual ownership, leaseholds, and condominiums),
type of housing (e.g., detached houses, townhouses, garden apartments),
lot size, and community facilities.
G.
Provide an adequate and integrated system of open space and recreation
areas designed to tie the PDD together internally and link it to the
larger community.
H.
Use creative design on the site which allows an orderly transition
of land uses.
I.
Adhere to any applicable economic conditions, post-development agreements,
or environmental mitigation which may be required.
A.
In accordance with the criteria set forth below, the existing use,
dimensional, sign and parking regulations may be altered in order
to establish a planned development district; provided, however, that
the standards are met.
B.
Ownership. The tract of land for a project may be owned, leased or
controlled either by a single person or corporation or by a group
of individuals or corporations. An application must be filed by the
owner or jointly by the owners of all property included in the project.
In cases of ownership by multiple parties, the approved plan and its
amendments shall be binding on all owners or their successors in title
and interest.
C.
Location requirements. Planned development districts may be created
in any zoning district of the Town.
E.
Minimum setbacks. The minimum setbacks required for the underlying
zoning district(s) shall be met at the periphery of the PDD.
F.
Water supply and sewage disposal. PDDs which include a significant
number of residential units should be served by a community water
system and be provided with sewage disposal facilities, if appropriate,
in accordance with the requirements of the Town, the county and the
New York State Departments of Health and Environmental Conservation.
A.
General. Whenever a PDD is proposed, before any zoning and building
permit shall be granted, and before any subdivision plat may be filed
in the office of the County Clerk, the prospective developer or his
authorized agent shall apply for and secure approval of such planned
development district in accordance with the following procedures.
B.
Sketch plan review procedure.
(1)
Prior to the formal filing of a PDD application, the applicant shall
submit a sketch plan of the proposal to the Town Board.
(2)
During sketch plan review, the Town Board, in its legislative capacity,
establishes the boundaries of the proposed PDD and set limits on the
nature and range of uses, geometric and site controls and overall
project planning. Specifically, the Town Board shall review the sketch
plan according to the following criteria:
(3)
Once the Town Board has accepted a PDD sketch plan for consideration,
it shall refer the sketch plan to the Planning Board. Such refusal
or acceptance and referral shall take place within 30 days of the
submittal of the PDD sketch plan.
(4)
The Planning Board, upon receipt of the referral, shall have 60 days
to issue an advisory report to the Town Board on the PDD sketch plan.
Failure to issue an advisory report within 60 days shall be equivalent
to a neutral recommendation. The advisory report shall make a recommendation
as to whether the sketch plan, as submitted, meets the following sketch
plan review criteria:
(a)
The proposal is conceptually sound in that it conforms to accepted
design principles in the proposed functional roadway and pedestrian
systems, land use configuration, open space system, drainage system,
and scale of the elements both absolutely and to one another.
(b)
There are adequate services and utilities available or proposed
to be made available in the construction of the development.
(5)
Within 45 days of the Planning Board action, the Town Board shall
take action to approve, with or without conditions, or disapprove
the proposed PDD sketch plan, based on the criteria set forth above.
(6)
If approved or approved with conditions and accepted, the applicant
may proceed to formal PDD application.
(7)
The sketch plan shall include:
(a)
A map identifying the boundaries and physical characteristics
of the proposed PDD, including uses and ownership of abutting lands.
(b)
A conceptual development plan, including a succinct narrative
of the intent and attributes of the proposed district(s) that describes
the location, conceptual design, and use of any lots and structures.
(c)
The proposed amount, location and use of open space.
(d)
Any anticipated changes in the existing topography and natural
features.
(e)
The location of the site with respect to nearby streets, rights-of-way,
adjacent properties, easements and other pertinent features within
200 feet.
(f)
The general outlines of the interior roadway system and all
existing rights-of-way and easements, whether public or private.
(g)
Preliminary use and dimensional requirements, including:
(8)
In addition, the following documentation shall accompany the sketch
plan:
C.
Formal application.
(1)
After sketch plan review is complete, a formal application for establishment
of a planned development district shall be made in writing to the
Town Board and shall be accompanied by the applicable fee. The application
shall also be accompanied by a full environmental assessment form
or draft EIS as required by SEQRA.
(2)
The Town Board shall refer the application back to the Planning Board
within 30 days. The Town Board shall also refer the application according
to the requirements of General Municipal Law §§ 239-m,
239-n and 239-nn and SEQRA.
(3)
The formal application shall describe the proposed physical changes
to the project area in a report that includes graphics and a supporting
narrative. The application shall contain sufficient facts and information
for the Planning Board to make the findings required under this section.
However, fully engineered plans and construction details are not required
at this stage in the process. The following information is required;
however, the level of detail shall be sufficient to provide the Planning
Board with enough information to understand the proposed PDD:
(a)
The desirability of the proposed land use in the proposed location.
(b)
The existing character of the neighborhood.
(c)
Access, circulation, parking, and transportation management.
(d)
Proposed location, type and size of signs and driveways.
(e)
Existing state, county or Town highways that provide access
to the area.
(f)
Vehicular traffic circulation features, including proposed highways
and roadways within the PDD.
(g)
Mobility (bikes, pedestrians, etc.) through the district.
(h)
The general location of principal and accessory buildings in
relation to one another and to other structures in the vicinity.
(i)
The conceptual footprint, height and bulk of buildings and the
intended use for such buildings.
(j)
Other site improvements.
(k)
Phasing program if phases are proposed.
(l)
General landscaping concept and features.
(m)
Preservation of open space and natural areas, including the
amount and location of open space, recreation area and pedestrian
circulation areas and provisions for permanent protection.
(n)
Infrastructure improvement preliminary plans, including water
supply source and delivery, drainage and energy.
(o)
The general plan for the collection and disposal of sanitary
wastes.
(p)
The proposed safeguards to be provided to minimize possible
detrimental effects of the proposed use on adjacent properties and
the neighborhood in general (if a full environmental assessment form
was provided instead of a draft EIS).
(q)
Compatibility with the Comprehensive Plan.
(r)
Permitted uses, conditional and accessory uses.
(s)
Maximum development intensity of residential uses.
(t)
Floor area ratio for nonresidential uses.
(u)
Lot coverage.
(v)
Build-to distances from public and private ways.
(w)
Setbacks for structures and parking areas.
(x)
Minimum lot size.
(y)
The number, size and location of automobile parking areas and
loading areas and the proposed access to such areas.
(z)
Minimum lot frontages and building massing.
(aa)
Preservation of historic structure(s).
(bb)
Design standards and guidelines.
(cc)
A proposed amendment to the Zoning Code, including, at a minimum,
a written metes and bounds description of the property and standards
for development.
(dd)
All material and data necessary to conduct review under the
State Environmental Quality Review Act.
A.
The Planning Board may require such changes in the preliminary plans
as are found necessary or desirable to protect the established or
permitted uses in the vicinity and to promote the orderly growth and
sound development of the community.
B.
The Planning Board shall make the required findings outlined below
and recommend approval, approval with modifications or disapproval
to the Town Board of such PDD application, and shall report its findings
to the Town Board within 62 days following the date of referral from
said Town Board, unless mutually agreed to by the applicant and the
Planning Board.
C.
Planning Board approval of the preliminary plans shall not constitute
nor imply approval of a building project nor imply a permit for said
project.
The Planning Board shall develop written findings that document
the facts and information relied upon to reach its conclusions in
rendering a decision on a PDD. The following mandatory findings must
be addressed:
A.
That the PDD is consistent with the objectives and standards of this
chapter.
B.
That adequate community facilities and services exist and/or are
to be accommodated as part of this planned development.
C.
That the PDD establishes a mix of uses and a physical development
pattern which would not be attainable through a traditional zoning
amendment, as described in this chapter.
D.
That the PDD is compatible with the surrounding neighborhood context
and character and is in conformance with the policies in the Comprehensive
Plan.
E.
That the PDD has mitigated potential undue adverse environmental
impact as set forth during SEQRA review to the maximum extent practicable.
F.
That the PDD will add to the long-term assets of the community and
it will not erode the livability or economic viability of existing
and neighboring areas.
G.
That the open space and recreation areas and facilities provided
are commensurate with the level of development proposed and the predevelopment
open space resources potentially available for protection.
H.
That the provisions to protect open space resources are sufficiently
secured by dedication where appropriate and desirable or legal instruments
and/or monitoring programs and/or establishment or use of an existing
trust to ensure their continued long-term protection.
A.
Upon receipt of the Planning Board's findings and recommendation,
the Town Board may then consider the legal establishment of the planned
development district through a Zoning District Map amendment. In particular,
any application for creation of a planned development district shall
be considered a Type I action under SEQRA.
B.
Following receipt of the Planning Board's findings and recommendation,
the Town Board shall hold a public hearing thereon upon such notice
as is required by this chapter for a zoning amendment and applicable
provisions of the Town Law of the State of New York.
C.
The Town Board shall render a decision on the application within
62 days of the public hearing, unless an extension of time is agreed
to by the applicant and Town Board, according to the following criteria:
(1)
That the PDD is consistent with the purpose and intent of this Code,
including, where applicable, the objectives and standards of this
chapter.
(2)
That the PDD is compatible with the surrounding neighborhood context
and character and is in conformance with the policies in the Comprehensive
Plan.
(3)
That the PDD has mitigated potential undue adverse environmental
impact as set forth during SEQRA review to the maximum extent practicable.
(4)
That the PDD will add to the long-term assets of the community and
it will not erode the livability or economic viability of existing
and neighboring areas.
(5)
That the open space and recreation areas and facilities provided
are commensurate with the level of development proposed and the predevelopment
open space resources potentially available for protection.
(6)
That the provisions to protect open space resources are sufficiently
secured by dedication where appropriate and desirable or legal instruments
and/or monitoring programs and/or establishment or use of an existing
trust to ensure their continued long-term protection.
(7)
The Town Board may, if it believes it necessary in order to fully
protect the health, safety, and general welfare of the community,
attach to its zoning resolution approving the zoning change additional
conditions or requirements applicants must meet. Such requirements
may include, but are not limited to:
(a)
Visual and acoustical screening.
(b)
Land use mix.
(c)
Pedestrian and vehicular circulation system.
(d)
Parking and snow removal.
(e)
Sites for public services.
(f)
Protection of natural and/or historical features.
(g)
Requirements or conditions identified during the SEQR process
and/or voluntary agreements between the applicant and the community,
including economic incentives or infrastructure improvements.
D.
If the change of zone is approved by the Town Board, the Official
Town Zoning Map shall be amended so as to define the boundaries of
the planned development district, and such amendment shall be advertised
and recorded in accordance with the requirements of New York State
Town Law.
A.
Application. Application for approval of a building project within
an established planned development district shall be made in accordance
with the procedures for site plan review. Application shall be made
by the owner(s) or developer(s) of the area to be occupied by the
building project.
B.
No building permit or certificate of occupancy shall be issued for
any project within a PDD until the Planning Board determines that
the proposed project is consistent with the approved PDD.
(1)
The development standards approved by the Town Board shall guide
the planning and design of subsequent projects and/or phases of development
within the PDD.
(2)
A building project within a planned development district shall conform
in all respects to the approved plans.
(3)
The Planning Board, as appropriate, shall document that the following
requirements have been met prior to approval of a development project
within a PDD:
(a)
The project is in conformance with the approved planned development
district.
(b)
The minimum setbacks required for the underlying zoning district
shall apply to the periphery of the project.
(c)
All other zoning requirements of the district, except those
modified or specifically deemed not applicable by the administrative
officer, shall be met.
(d)
The development plan shall specify reasonable periods within
which development of each phase of the planned development may be
started and shall be completed.
Applications for subdivision in a planned development district shall be made to the Planning Board in accordance with Chapter 464, Subdivision of Land, of the Code of the Town of Southport. In the event of a conflict between such subdivisions regulations and this chapter or any requirement imposed hereunder, the provisions of this chapter of such requirements shall apply.
[Amended 11-12-2019 by L.L. No. 4-2019 (Res. No. 160-2019); 1-12-2021 by L.L. No. 1-2021 (Res. No. 27-2021)]
The Planning Board and/or Town Board may require an applicant
for any review, permit or approval to deposit in escrow a sufficient
amount to pay for the reasonable and necessary fees and/or costs of
any engineer, consultant or attorney designated by the Planning Board
and/or Town Board to review such application. The fees and/or costs
charged against the sum deposited in escrow. Any amount remaining
shall be returned to the applicant within 45 days of final action
on the application.
All conditions imposed by the Town Board, including those the
performance of which are conditions precedent to the issuance of any
permit necessary for the development of all or any part of the entire
site, shall run with the land and shall neither lapse nor be waived
as a result of any subsequent change in the tenancy or ownership of
any or all of said area. Such conditions shall further be a part of
any certificate of occupancy issued for any use or structure in such
development.
A.
PDD legislation repealer.
(1)
The Town Board shall act to return the property to its prior zoning
district classification if it finds that:
(a)
Performance requirements which may have been specified by the
Town Board in its PDD approval action, such as a time limit for either
initiation or completion of improvements and other construction work
on the proposed development, have not been met, unless the Town Board,
upon specific application and for good cause, authorizes an extension
of such performance requirement.
(b)
The PDD approval has expired by the failure of the project sponsor
to make substantial and continuing progress in the development of
the project for more than three years from the date of final approval.
The determination of substantial and continuing progress shall be
determined solely by the Town Board, which may consider any number
of factors in making its determination, including the securing of
project financing and changed market conditions.
(2)
If a planned development district expires, any buildings constructed
or used may continue as a nonconforming use, and such shall continue
to be bound by the previous PDD approval.
B.
PDD amendment procedure.
(1)
An application for amendment of an established planned development
district shall be made in writing to the Town Board and shall be accompanied
by the applicable fee. The application shall also be accompanied by
a full environmental assessment form or draft EIS as required by SEQRA.
The Town Board shall refer the application to the Planning Board within
30 days of the receipt of application.
(2)
The application shall describe the proposed physical changes to the
project area in a report that includes graphics and a supporting narrative.
The application shall contain sufficient facts and information for
the Planning Board to make the findings required under this section.
C.
Procedure. The procedure for an amendment of an existing PDD shall
be the same as that required to establish a new PDD, as described
herein.
