The purpose of the R-22 Residential District is to provide an
opportunity for new residential development to occur at medium densities
in areas where water and sewer services are available, in locations
where adequate highway facilities exist, commercial and business services
are conveniently located and in areas where such densities will not
adversely impact or create a burden for existing development.
In order to be considered for rezoning to an R-22 Residential
District, the following standards and provisions shall apply.
A.
The minimum land area to be considered for rezoning to an R-22 Residential
District shall be 25 contiguous acres. The rezoning of a smaller parcel
to an R-22 Residential District may only be considered if the parcel
is contiguous to an area already zoned R-22 or Hamlet R-1 Residential.
[Amended 5-12-1994 by L.L. No. 3-1994; 6-25-2020 by L.L. No. 3-2020]
B.
No area shall be considered for rezoning to an R-22 Residential District
unless public water and sanitary sewer services are available to serve
the area proposed for development.
The procedures for amendments to this chapter specified in § 300-6 of this chapter shall be superseded by the procedures enumerated below in order for the Town Board to consider a rezoning proposal to establish an R-22 Residential District in the Town:
A.
A request to establish an R-22 Residential District shall be made
to the Town Board by filing an application for rezoning, which includes
a sketch plan and a completed environmental assessment form (EAF),
with the Town Clerk. The Town Clerk shall refer the request to the
Planning Board for consideration.
B.
The applicant shall first meet with the Planning Board to discuss
design and development objectives. At this meeting, the applicant
shall describe how the proposed rezoning would be integrated with
and relate to neighboring land uses, site development constraints
and the availability of public facilities and services. The concept
plan shall be of the entire area proposed for rezoning, drawn to scale,
and shall include the following information:
(1)
The principal physical characteristics of the area, including an
analysis of the soils and subsoils and the location of major stands
of trees, streams, floodplains, wetlands and rock outcroppings.
(2)
The topography of the site with contour intervals of not more than
five feet of elevation, portions of the area with moderate to high
susceptibility to erosion, flooding or ponding and a preliminary grading
plan with five-foot contour intervals.
(3)
A written analysis of the relationship of the site proposed for rezoning
to existing land use and zoning regulations within 1,000 feet of such
site, including the identification of any significant parcels of vacant
land and the character of nearby built-up areas.
(4)
The proposed lotting pattern for the entire site, including:
(a)
The total number of and general sizing of individual lots.
(b)
Estimates of vehicular traffic volumes to be generated.
(c)
A suggested internal street system, including vehicular and
pedestrian flows.
(d)
A description of how the area will be tied to the existing street
and pedestrian network.
(e)
Estimated demands for public water and sewer services.
(f)
A suggested layout of water, sanitary sewer and storm sewer
facilities with proposed points of interconnection to existing systems.
(g)
The identification of areas proposed for recreation and open
space, including sites to be offered for dedication to the Town.
(5)
A description of the manner in which those areas of the site not
proposed for dedication are to be maintained and by whom, including,
but not limited to, open space, streets and lighting.
(6)
If the development is expected to be phased, a general description
of the phasing plan, including the anticipated time frames for development.
(7)
A description of any covenants, grants of easements or other deed
restrictions proposed to be imposed upon the use of the land, buildings
or structures, including proposed easements for public utilities and
drainage.
(8)
A written statement by the applicant setting forth the reasons why
the proposed rezoning would be advantageous to and in the best interests
of the Town of Macedon.
(9)
Any other information or documentation which the applicant deems
necessary to support this application.
C.
Within 60 days of the receipt of the sketch plan, EAF and supporting
documents, the Planning Board shall submit a written report to the
Town Board. The Planning Board shall hold a public hearing on the
sketch plan to assist it in the preparation of its report. If no report
has been rendered within the sixty-day period, unless such time limit
has been extended by formal action of the Town Board at the request
of the Planning Board, the applicant may proceed to meet with the
Town Board and request that a public hearing be scheduled on the rezoning.
(1)
A favorable report from the Planning Board shall be based on the
following findings which shall be included as part of the report:
(a)
The proposal implements the goals and policies of the Master
Plan of the Town of Macedon.
(b)
The sketch plan meets all of the requirements of this chapter.
(c)
The proposal is conceptually sound in that it meets a community
need and conforms to accepted design standards for the proposed roadway
system, land use configuration, open space and drainage systems.
(d)
Adequate public water and sewer services and utilities are available
or proposed to be made available in order to properly serve the proposed
development.
(2)
An unfavorable report shall state clearly the reasons therefor and,
if appropriate, point out to the applicant the conditions under which
a favorable report may be issued.
D.
Upon receipt of a report from the Planning Board, the Town Board
shall consider the application for the establishment of an R-22 Residential
District in the same manner as any other application for amendment
of the Zoning Map.
E.
If the Town Board approves the redistricting for the establishment
of an R-22 Residential District, the Zoning Map shall be so amended.
In an R-22 Residential District, no building or premises shall
be used and no building or part of a building shall be erected or
altered which is arranged, intended or designed to be used, in whole
or in part, for any uses, except the following.
Permitted principal uses shall be as follows:
A.
Single-family dwellings, not to exceed one principal structure per
lot.
B.
Cluster residential developments of one-family detached dwellings
upon approval of the Town Board and compliance with the requirements
of this chapter and the following additional development standards:
(1)
The minimum tract size shall be 25 acres.
(2)
The lot size, yard, area and height requirements shall be established
on an individual case basis which reflects the unique conditions of
each site proposed for development, the potential impact on adjacent
properties and to ensure consistency with the Town's Master Plan.
Although this provision will encourage flexibility in design, promote
the efficient use of land resources and help preserve the natural
and scenic qualities of open space, the following minimum standards
are enacted to guide the review and approval of cluster residential
developments by the Town:
(a)
No lot in a cluster residential development may be less than
16,500 square feet in an area; no more than 1/3 of the lots may be
less than 18,000 square feet in area; and no more than 2/3 of the
lots may be less than 20,000 square feet in area.
(b)
The proportional division of lot sizes specified herein shall
be maintained for each individual phase of a phased project.
(c)
Lot widths and side yards in a cluster residential development
may vary in accordance with the following standards:
|
Lot Size
(square feet)
|
Corresponding Minimum Lot Width
(feet)
|
Corresponding Minimum Side Yard
(feet)
|
|---|---|---|
|
16,500 to 17,999
|
85
|
12
|
|
18,000 to 19,999
|
90
|
15
|
|
20,000 to 21,999
|
95
|
15
|
(3)
The number of lots or units (density of development) in a cluster
residential development plan shall not exceed that which could otherwise
be created under a conventional development plan for the same tract
of land.
(4)
The developers shall provide an area of not less than 20% of the
gross acreage of the area to be developed under the cluster provisions
to be devoted exclusively to permanent recreation or open space.
(5)
All recreation or open space areas shall be suitable for such uses
in the opinion of the Planning Board. The ownership and future maintenance
of such recreation areas shall be subject to the approval of the Town
Board.
Permitted accessory uses shall be as follows:
A.
Includes all uses, provisions and regulations specified for the AR-40
District, except that structures for the display and sale of agricultural
and nursery products and the keeping of farm animals shall not be
permitted.
The dimensional requirements for this district are specified
in the Zoning Schedule I which is made a part of this chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to
this chapter.
The following uses may be permitted consistent with the provisions of Article XXI, provided that a special use permit is approved by the Town Board:
The following additional uses may be permitted in the R-22 Residential
District upon approval of the Planning Board and compliance with the
requirements of this chapter and the following additional development
standards:
A.
Home occupations and home professional occupations in accordance
with the provisions and regulations specified for the AR-40 District.
B.
Rooming houses in accordance with the provisions and regulations
specified for the AR-40 District.
C.
Duplexes in accordance with the provisions and regulations specified
for the AR-40 District.
D.
Residential conversions in accordance with the provisions and regulations
specified for the AR-40 District.
