Town of Fallsburg, NY Article XVI Planned Resort Development District

§ 310-16.1 Planned resort development standards.

A. Intent. The Planned Resort Development (PRD) Zoning District is intended to address the unique nature of the Town's existing large properties which were originally developed as resorts, by encouraging the continuance of existing resort, retreat, and other present uses, and encouraging the future adaptive reuse of such properties for comprehensively planned uses, including mixed-use developments that are planned as a single unit as part of a Planned Resort Development (PRD). Developments within the PRD District are intended to preserve large areas of open space so that such developments are compatible with the natural surroundings of the development's environs. The PRD regulations allow a range of residential, nonresidential, educational, nonprofit, recreational and open space uses, and a potential mix of uses, in accordance with performance criteria. This district encourages creativity and innovations in site design and the protection of ecologically sensitive land.

B. Objectives. In order to carry out the intent of this article, development within the Planned Resort District is intended to achieve the following objectives:

(1) Promote economic development while encouraging development in a manner that protects the rural character of the Town of Fallsburg.

(2) Allow an appropriate range of uses suited to the large nature of tracts within the zoning district, to permit and encourage continuation of existing uses, allow suitable new uses, and encourage innovatively planned mixed uses and resort-related uses, including the residential, nonresidential, recreational, and open space uses outlined in Schedule I, Table of Use and Bulk Requirements.[1]

[1] Editor's Note: The Table of Use and Bulk Requirements is included as an attachment to this chapter.

(3) Allow accessory facilities normally associated with permitted uses and as outlined in Schedule I, Table of Use and Bulk Requirements.

(4) Protect and enhance the economic vitality of the hamlets in the Town of Fallsburg by providing for uses in the Planned Resort Development that are compatible with, and not necessarily in direct competition with, the uses permitted in the hamlet centers.

(5) To the maximum extent practicable, preserve water bodies, wetlands, steep slopes, hilltops, ridgelines, major stands of trees, outstanding natural topography, significant geological features, and other areas of scenic and ecological value.

(6) Prevent soil erosion and minimize flood hazards.

(7) Permit the innovative and staged development of land which allows for an orderly transition of land from vacant to occupied use.

(8) Allow the development of an appropriate mix of uses, as part of an approved Planned Resort Development in a manner that protects the Town's fiscal base at all stages of the planned resort's buildout.

C. Approvals required.

(1) Any landowner proposing to develop a vacant site in the PRD District, or to redevelop an existing site, for a new or different use, or a Planned Resort Development (PRD) shall first apply and obtain the permits required in Schedule I, Table of Use and Bulk Requirements,[2] as summarized in Subsection D below.

[2] Editor's Note: The Table of Use and Bulk Requirements is included as an attachment to this chapter.

(2) Existing uses within the PRD District shall, without further action, be deemed conforming uses, and the existing development thereon may continue indefinitely, without the need to apply for a site plan or special permit, as may be required by Schedule I. Where the existing development is devoted to a use which requires site plan approval under Schedule I, such existing development shall be required to obtain site plan approval only for those actions that require site plan review in accordance with Article VII of this chapter. Where the existing development is devoted to a use which requires a special permit under Schedule I, an extension or addition to such use shall require special use permit approval, as provided in § 310-9.6.

D. Uses allowed in a PRD. Schedule I in the Table of Use and Bulk Requirements[3] sets standards for the permitted uses within the PRD District. The construction of a one-family dwelling on the grounds of an existing PRD shall be permitted without the requirement of site plan approval. The development of multiple one-family units shall require site plan approval. Certain other listed uses are also permitted subject to site plan review. Certain other listed uses require a special permit. In addition to the permitted individual uses, the PRD Zoning District also allows a Planned Resort Development (PRD) [see § 310-2.2, Definitions]. Approval of a PRD requires a special permit from the Planning Board.

[3] Editor's Note: The Table of Use and Bulk Requirements is included as an attachment to this chapter.

E. General design standards for development within the PRD District. Development within the PRD District, including mixed-use projects approved as part of a PRD, shall meet the following general design standards:

(1) Maximum density.

(a) One-family dwelling units. The maximum density for one-family detached dwelling units shall not exceed 1.5 units per acre less any townhouse or two-family units approved under Subsection E(1)(b) or (c). Such units may be clustered in accordance with Article XIV of this chapter.

(b) Time-shared units. The maximum density for townhouse time-shared units shall not exceed 3.0 units per acre, less any one-family or two-family dwelling units approved under Subsection E(1)(a) or (c). All time-shared units shall be permanently restricted to such use by deed covenant or similar means with 52 one-week shares requiring multiple owners.

(c) Two-family units. The maximum density for two-family units shall not exceed 1.5 units per acre, less any one-family dwelling units approved under Subsection E(1)(a) and/or time-shared units approved under Subsection E(1)(b).

(2) Maximum development coverage. Maximum development or lot coverage shall not exceed 35% of the entire site.

(3) Utilities. A Planned Resort Development shall be served by public or private water and sewer. The applicant shall comply with the Town of Fallsburg procedures and standards for establishment or extension of a public water and/or wastewater treatment district should the proposed project require establishment or extension of a municipal district. The location of residential units within a Planned Resort Development District shall not be restricted to the Town sewer or water district boundary, provided that all units are served with public or private water and sewer.

F. Specific design standards. Unless otherwise waived by the Planning Board, an application for a Planned Resort Development (PRD) shall require a minimum site of 50 acres and compliance with the following design standards:

(1) Residential uses. A variety of residential dwelling types are permitted within a PRD. These include, but are not limited to, one-family detached, two-family and townhouse residential units.

(2) Lodging facilities, hotels and motels. All lodging facilities, hotels and motels within a PRD shall be designed and operated for transient occupancy only.

(3) Phasing plan. The applicant shall establish an appropriate phasing plan for development, with appropriate assurances that infrastructure improvement supports the various phases of development.

(4) Existing natural features, such as streams, rock outcrops, topsoil, trees and shrubs shall be preserved and incorporated in the landscaping of the development to the maximum extent practicable. Buffers along water bodies and/or wetland areas shall conform to standards set forth by the New York State Department of Environmental Conservation (DEC) and the Army Corps of Engineers. As a general guideline, multiple stream crossings should be avoided and stream corridors should remain forested to protect water quality and avoid soil erosion.

(a) Buildings and structures shall be set back, and no disturbance shall be permitted, within a minimum distance of 100 feet from the banks of any stream regulated by the New York State DEC unless the applicant has obtained a stream disturbance permit from New York State DEC.

(b) Where the Planning Board finds, based on the conclusions of the ecological survey and in consultation with NYSDEC, that a proposed development may have an impact on a rare, threatened or endangered species, or a species of special concern, it may require additional undisturbed buffers or may require relocation or reduction in development density or intensity to mitigate potential impacts.

(5) Maximum development height. The maximum height for buildings and structures within the stated location shall be as follows:

(a) Four stories not to exceed 45 feet for resort conference centers, hotels and resort hotels.

(b) For all other uses, the maximum building height shall be as per the requirements contained in Schedule I.[4]

[4] Editor's Note: Schedule I, the Table of Use and Bulk Requirements, is included as an attachment to this chapter.

(6) Traffic circulation. The arrangement, character, extent, width, grade and location of all streets shall be considered in relation to existing and planned streets, topography, and public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by said street, whether private or public. Streets shall conform to Town of Fallsburg street and road specifications. A pedestrian system shall be provided to link guest units to other on-site activities. The following standards shall apply:

(a) Internal road access. All uses shall have access to a public or private street except residences which need no frontage on a street but must have access thereto via a court, walkway or other area dedicated to public use or owned and maintained by a homeowners' association or other entity legally charged with maintenance of common areas.

(b) Primary road access. Primary transportation access serving the site shall be on an improved public road with traffic capacity suitable to handle additional volumes created by the proposed development. The Planning Board may limit and restrict the location of access points where said access would require reliance on Town roads, particularly where those roads do not currently meet Town specifications. The Planning Board may restrict access points on Town roads where reasonable opportunities for access to the proposed site exist on state or county highways.

(c) Emergency services. The applicant shall demonstrate to the Planning Board that adequate emergency access is provided to the site. Police, fire, ambulance and other agencies that are required to service the proposed development shall be provided with a copy of the site plan application for their review and comment, and the Planning Board shall take said comments into consideration. The Planning Board, as a condition of approval, may require the applicant to supplement emergency service protection, including the provision of on-site facilities, provision of private security or other private emergency services, if it is demonstrated that existing services, facilities or equipment are inadequate to properly provide emergency protection.

(7) Building area. The location and arrangement of all structures shall be in harmony with the intent of this district. The location and arrangement of structures shall not be detrimental to existing or prospective adjacent development or to the existing or prospective development of the Town.

(8) Boundary setbacks, buffer areas, screening and transitional uses. No building, parking area or road shall be permitted within 100 feet of any property line in order to minimize visual and noise impacts on adjoining parcels. A combination of fencing, natural areas and/or supplemental plantings shall be provided to create a transitional separation between surrounding existing and prospective uses and the proposed development.

(9) Off-street parking and loading requirements. Off-street parking and loading facilities for any uses or structures in a PRD shall conform to the requirements listed in Schedule I.[5] Parking areas shall be broken up to avoid the appearance of significant expanses of impervious surfaces and amply landscaped. Parking garages, if required, shall be integrated and directly attached to the principal resort building structure, and its facade shall be consistent with and integrated with the building facade for the resort hotel.

[5] Editor's Note: Schedule I, the Table of Use and Bulk Requirements, is included as an attachment to this chapter.

(10) Common property in the PRD. Common property in the PRD is a parcel or parcels of land, and privately owned road or roads, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. Arrangements satisfactory to the Town Board upon the review and recommendations of the Town Attorney must be made for the improvement, operation, and maintenance of such common property and facilities, including private streets, parking and recreation areas.

(11) Utilities. Utilities shall be designed, installed and operated in accordance with industry standards and best management practices. Plans for utilities shall be reviewed by the Town Engineer and installed and operated in accordance with required permits. To improve the visual quality of the environment and reduce disruption of service during inclement weather, utilities, including electric and cable, shall be installed underground.

(12) Stormwater management and erosion control plan. The applicant shall submit a stormwater management and erosion control plan and shall follow best management practices promulgated by the New York State Department of Environmental Conservation to adequately handle stormwater runoff and protect water quality. Stormwater management facilities, including detention or retention ponds, swales and other drainage features, shall be attractively landscaped. The project's stormwater management system shall allow zero net increase in the rate of stormwater runoff.

(13) Landscaping. All areas of the PRD shall be amply landscaped with a combination of decorative and native plant materials. A landscaping plan meeting § 310-5.10 shall be approved as part of the PRD application.

(14) Lighting. On-site lighting shall be designed and installed in a manner that minimizes visual impacts to the night sky. A lighting plan depicting the level and intensity of illumination within the site and at the property boundary shall be submitted to the Planning Board with the application for site plan review. The level of illumination shall not exceed a minimum average horizontal level of 0.5 footcandle at the property boundary. Decorative lighting fixtures shall be incorporated into the overall design of the project; cobra-head light fixtures shall be discouraged.

(15) Signage. The applicant shall furnish a sign plan illustrating the location and design of on-site signs to be approved as part of the site plan. Signs shall be uniform and attractive in appearance.

(16) Additional site development standards. In addition to the standards set forth in this section, the applicant shall also comply with the appropriate design, site plan and performance standards of this chapter and Chapter 260, Subdivision of Land. However, where a conflict exists between the development standards in this section and any of the above, this section shall prevail.

G. Planned Resort Development (PRD) application procedures. Site plan review and approval shall be conducted in accordance with the provisions contained in Article VII, Site Plan Review; provided, however, that a public hearing on the PRD application shall be required. The Planning Board shall cause the applicant to post notice on the subject property indicating the date, time, and location of the public hearing, and a brief description of the action being considered, at least 10 days prior to the public hearing date. One notice shall be posted along each property line adjoining a road and shall be clearly visible from the road. Notices shall be affixed in a manner prescribed by the Planning Board. Notices shall be removed following the close of the public hearing. The application requirements of this section shall not apply to other present uses in a Planned Resort Development District, excepting as outlined in Subsection H. The Planning Board may be authorized to waive any of the procedural requirements of Article VII deemed not necessary due to the scope of the project.

H. Planned Resort Development (PRD) submission requirements. In addition to those elements normally required as part of a site plan or subdivision plan submission, the following additional information shall be submitted as part of the site plan application for any new Planned Resort Development. Alternatively, these data may be submitted in conjunction with a draft environmental assessment or impact statement if one is prepared.

(1) Traffic study, indicating the ability, in terms of capacity and geometry, of the internal and roadway network to accommodate traffic generated by the proposed development. The traffic study shall identify mitigation measures, if necessary, to minimize traffic impacts on Town roads and ensure adequate traffic flow through the community.

(2) Ecological survey, assessing the type and quality of ecological habitat on the project site and immediately adjoining properties, and a description of the flora and fauna determined through on-site field investigation. The applicant shall consult with the New York State DEC early in the application process to determine the likely presence of rare, threatened or endangered species as well as species of special concern, and the design of the PRD shall conform to any mitigations required to avoid impacts to said sensitive species. The ecological study shall take into consideration seasonal variations in determining the likely presence of species. To the maximum extent practicable, the design of the PRD shall maximize opportunities to provide a contiguous system of open space which may be linked to open space areas on adjoining parcels.

(3) Cultural resource survey, including a Stage 1A analysis and, if necessary, subsequent stages of investigation, in accordance with methods and procedures promulgated by the New York State Office of Parks, Recreation and Historic Preservation.

(4) Demographic analysis, identifying the number and type of housing and guest units to be constructed, the bedroom mix, and the anticipated year-round and seasonal population, including schoolchildren, to be generated, utilizing demographic multipliers derived from the market area which the proposed project will serve.

(5) Fiscal impact study and the assumptions upon which it is based to review the estimated municipal and school district costs, including capital and operating costs, and the services and ratables anticipated for the development.

I. SEQRA. All applications for a PRD shall be subject to SEQRA. An application for a new PRD shall be deemed to constitute a Type I action, which may require the submission of a draft environmental impact statement (DEIS). The site plan application shall not be deemed complete until the Town Planning Board has either adopted a negative declaration under SEQRA or has accepted a DEIS as complete.

J. Project phasing. If the project is to be phased, then a phasing plan shall be submitted and approved as part of the site plan application. The Planning Board, as a condition of site plan approval, may require that the project and ancillary improvements be phased in order to assure that community services may keep pace with the demands placed on these services as a result of the PRD development.

K. Conditions. The Planning Board, at its discretion, may attach any reasonable conditions to site plan approval for a PRD as necessary to assure conformance of the PRD with the intent and objectives of these regulations and SEQRA.

L. Site improvements. No certificate of occupancy shall be issued for construction of a Planned Resort Development, or portion thereof, until the required improvements are installed in accordance with the approved site plan.