A.
It is the intent of this article to provide flexible land use and
design regulations through the use of performance criteria so that
large scale neighborhoods may be developed within the Town that incorporate
a variety of residential types and nonresidential uses, and contain
both individual building sites and common property which are planned
and developed as a unit. Such a planned unit is to be designed and
organized so as to be capable of satisfactory use and operation as
a separate entity without necessarily needing the participation of
other building sites or other common property in order to function
as a neighborhood. This article specifically encourages innovations
in residential development so that the growing demands for housing
at all economic levels may be met by greater variety in type, design
and siting of dwellings and by the conservation and more efficient
use of land in such developments.
B.
This article recognizes that, while the standard zone function (use
and bulk) and the subdivision function (platting and design) are appropriate
for the regulation of land use in areas of neighborhoods that are
already substantially developed, these controls represent a type of
preregulation, regulatory rigidity and uniformity which may be harmful
to the techniques of land development contained in the totally planned
development concept. Further, this article recognizes that a rigid
set of space requirements along with bulk and use specifications would
frustrate the application of this concept. Thus, where TPD techniques
are deemed appropriate through the rezoning of land to a Totally Planned
Development District by the Town Board, the set of use and dimensional
specifications elsewhere in this chapter are herein replaced by an
approval process in which an approved plan becomes the basis for continuing
land use controls.
In order to carry out the intent of this article, a TPD shall
achieve the following objectives:
A.
A maximum choice in the types of environment, occupancy tenure (e.g.,
cooperatives, individual ownership, condominium, leasing), types of
housing, lot sizes and community facilities available to existing
and potential Town residents.
B.
More usable open space and recreation areas.
C.
More convenience in location of accessory commercial and service
areas.
D.
The preservation of trees, outstanding natural topography and geologic
features and prevention of soil erosion.
E.
A creative use of land and related physical development which allows
an orderly transition of land from rural to urban uses.
F.
An efficient use of land resulting in small networks of utilities
and streets and thereby lower housing costs.
G.
A development pattern in harmony with the objectives of the Macedon
Master Plan.
H.
A more desirable environment than would be possible through the strict
application of other sections of this chapter.
A.
Minimum area. Under normal circumstances, the minimum area requirements
to qualify for a Totally Planned Development District shall be 100
contiguous acres of land. Where the applicant can demonstrate that
the characteristics of his holdings will meet the objectives of this
article, the Planning Board may consider projects for review with
less acreage.
B.
Ownership. The tract of land for a project may be owned, leased or
controlled by a single person, a corporation or by a group of individuals
or corporations. An application must be filed by the owner or jointly
by owners of all property included in a project. In the case of multiple
ownership, the approved plan shall be binding on all owners.
C.
Location of TPD District. The TPD District shall be applicable to
any area of the Town where the applicant can demonstrate that the
characteristics of his holdings will meet the objectives of this article.
All uses within an area designated as a TPD District are determined
by the provisions of this article and the approval of the project
concerned.
A.
Residential uses. Residences may be of any variety of types. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with this article. In keeping with the objectives found in § 300-98A and F, the developer must demonstrate that he is reaching as broad a market as possible. In making these determinations, the Planning Board shall consider the size of the site, its location with respect to community services and facilities, transportation and area-wide market surveys as are available from several sources in Wayne County. Developers may avail themselves of such state, federal and other housing programs as may be available to accomplish these objectives.
B.
Service and other nonresidential uses may be permitted (or required)
where such uses are designed primarily to serve the residents of the
TPD. Such uses may include:
(1)
Retail business establishments which are clearly of a neighborhood
service character such as, but not limited to, the following:
Accessory uses such as private garages, off-street parking,
including storage space for auxiliary vehicles such as travel trailers,
campers, boats and snowmobiles, recreational and community activities,
churches and schools shall also be permitted as appropriate to the
TPD concept.
Because land is used more efficiently in a TPD, improved environmental
quality can often be produced with a greater number of dwelling units
per gross building area than usually permitted in traditionally zoned
districts. The Town Planning Board shall determine in each case the
appropriate land use intensity and/or dwelling unit density for individual
projects. In most cases, however, the gross density shall not exceed
four dwelling units per acre. The determination of land use intensity
ratings or dwelling unit densities shall be completely documented,
including all facts, opinions and judgments justifying the selection
of the rating or density. Generally, however, at least 30% of TPD
dwelling units should be detached, single-family units.
Common property in a TPD is a parcel or parcels of land, together
with the improvements thereon, the use and enjoyment of which is shared
by the owners and occupants of the individual building sites. When
common property exists, unless approved by the Town as a public property,
the ownership of such property shall either be public or private.
When common property exists in private ownership, satisfactory arrangements
must be made for the improvement, operation and maintenance of such
common property and facilities, including private streets, drives,
service and parking areas and recreational and open space areas, and
the Town Board reserves the right to approve or disapprove such arrangements.
Whenever any totally planned development is proposed, before
any permit for the erection of a permanent building in such totally
planned development shall be granted, and before any subdivision plat
of any part thereof may be filed in the office of the Wayne County
Clerk, the developer or his authorized agent shall apply for and secure
approval of such totally planned development in accordance with the
following procedures:
A.
Application for sketch plan approval:
(1)
Requirements. In order to allow the Town Board and the developer
to reach an understanding on basic design requirements prior to detailed
design investment, the developer shall submit two copies of a sketch
plan of this proposal to the Town Board, which will refer the same
to the Planning Board for review. The sketch plan shall be approximately
to scale, though it need not be to the precision of a finished engineering
drawing, and it shall clearly show the following information:
(a)
The location of the various uses and their areas in acres.
(b)
The general outlines of the interior roadway system and all
existing rights-of-way and easements, whether public or private.
(c)
Delineation of the various residential areas indicating for
each such area its general extent, size and composition in terms of
total number of dwelling units, approximate percentage allocation
by dwelling unit type (i.e., single-family detached, duplex, townhouse,
garden apartments, high-rise) and general description of the intended
market structure (i.e., luxury, middle-income, moderate-income, elderly
units, family units, etc.), plus a calculation of the residential
density in dwelling units per gross acre (total area including interior
roadways) for each such area.
(d)
The interior open space system.
(e)
The overall drainage system.
(f)
If grades exceed 3% or portions of the site have moderate to
high susceptibility to erosion or a moderate to high susceptibility
to flooding and ponding, a topographic map showing contour intervals
of not more than five feet of elevation, along with an overlay outlining
the above susceptible soil areas, if any.
(g)
Principal ties to the community at large with respect to transportation,
water supply and sewage disposal.
(h)
General description of the provision of other community facilities
such as schools, fire protection services and cultural facilities,
if any, and some indication of how these needs are proposed to be
accommodated.
(i)
A location map showing uses and ownership of abutting lands.
(2)
Documentation to accompany the sketch plan:
(a)
Evidence of how the developer's particular mix of land uses
meets existing community demands to include area-wide as well as local
considerations.
(b)
Evidence of the developer's compliance with the provisions of Article XIV with respect to the provision of an adequate mix of housing.
[Amended 6-25-2020 by L.L. No. 3-2020]
(c)
Evidence that the proposal is compatible with the goals of local
and area-wide Master Plans.
(d)
A general statement as to how common open space is to be owned,
used and maintained.
(e)
If the development is to be staged, a general indication of
how the staging is to proceed. Whether or not the development is to
be staged, the sketch plan shall show the intended total project.
(f)
Evidence to demonstrate the applicant's competence to carry
out the plan and his awareness of the scope of such a project, both
physical and financial, including payment of suitable fees.
(3)
The Planning Board shall review the sketch plan and its related
documents with the applicant and shall render either a favorable report
to the Town Board or an unfavorable report to the applicant, after
consultation with the County Planning Board.
(a)
A favorable report shall include a recommendation to the Town
Board that a public hearing be held for the purpose of considering
TPD districting. Such a report shall be based on the following findings
which shall be included as part of the report:
[1]
The proposal conforms to the Master Plan.
[4]
The proposal is conceptually sound in that it meets local and
area-wide needs and it conforms to accepted design principles in the
proposed functional roadway and pedestrian system, land use configuration,
open space system, drainage system and scale of the elements both
absolutely and to one another.
[5]
There are adequate services and utilities, including sewers
available or to be made available in the construction of the development,
with the costs incurred by the developer.
(b)
An unfavorable report shall clearly state the reason for such
a finding.
B.
Application for TPD districting:
(1)
Upon receipt of a favorable report from the Planning Board,
the Town Board shall set a date for and conduct a public hearing for
the purpose of considering TPD districting for the applicant's plan
in accordance with the procedures established under § 264
of the Town Law or other applicable law. Said public hearing shall
be conducted within 62 days of the receipt of the favorable report.
[Amended 6-25-2020 by L.L. No. 3-2020]
(2)
The Town Board shall refer the application to the County Planning
Board for its analysis and recommendations pursuant to the provisions
of § 239-m of the General Municipal Law and the provisions
of this article, and the Town Board shall also refer the application
to the Town Engineer for his review.
(a)
The Town Board shall give the County Planning Board at least
30 days to render its report.
(b)
The Town Engineer shall submit a report to the Town Board within
30 days of the referral duly noting the feasibility and adequacy of
those design elements under his sphere of interest. This report need
only concern itself at this time with general conceptual acceptance
or disapproval, as the case may be, and in no way implies any future
acceptance or disapproval, as the case may be, and in no way implies
any future acceptance or reflection of detailed design elements as
will be required in the later site plan review stage. The Town Engineer
may also state in his report any other conditions or problems that
must be overcome before consideration of acceptance on his part.
(3)
Within 62 days after the public hearing, the Town Board shall
render its decision on the application.
[Amended 6-25-2020 by L.L. No. 3-2020]
C.
Zoning for totally planned development. Upon approval of the application by the Town Board, the area in question shall be conditionally rezoned as a TPD District, subject to final approval by the Town Board as set forth in § 300-106, and the Zoning Map shall be so noted. The Town Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not limited to, visual and acoustical screening; land use mixes; order of construction and/or occupancy; circulation systems, both vehicular and pedestrian; availability of sites within the area for necessary public services such as schools, fire houses and libraries; protection of natural and/or historic sites; and other such physical or social demands. Following review of the recommendations by the Planning Board, the Town Board shall, at this time, approve the density standards for the development.
A.
Application for preliminary site development plan review shall be
made to the Planning Board and shall be accompanied by the following
information prepared by a licensed engineer, architect and landscape
architect:
(1)
An area map showing the applicant's entire holdings, that portion
of the applicant's property under consideration and all properties,
subdivisions, streets and easements within the applicant's property.
(2)
A topographic map showing contour intervals of not more than
five feet of elevation shall be provided.
(3)
A preliminary site plan including the following information:
(a)
Title of drawing, including name and address.
(b)
North point, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing watercourses.
(e)
A site plan showing:
[1]
The location, proposed use and height of all buildings.
[2]
The location of all parking and truck-loading areas, with access
and egress drives thereto.
[3]
The location and proposed development of all open spaces including
parks, playgrounds and open space reservations.
[4]
The location of outdoor storage, if any.
[5]
The location of all existing or proposed site improvements,
including drains, culverts, retaining walls and fences.
[6]
The description of method of sewage disposal and location of
such facilities.
[7]
The location and size of all signs.
[8]
The location and proposed development of buffer areas.
[9]
The location and design of lighting facilities.
[10]
The amount of building area proposed for nonresidential
uses, if any.
(4)
A tracing overlay showing all soils areas and their classifications
and those areas, if any, with moderate to high susceptibility to flooding
and moderate to high susceptibility to erosion. For areas with potential
erosion problems, the overlay shall also include an outline and description
of existing vegetation.
B.
County Planning Board review. Upon receipt of the application for
Preliminary Site Development Plan approval, the Planning Board shall
refer said application to the County Planning Board for its report
to the Planning Board within 30 days of receipt of said referral.
C.
Factors for consideration. In its review, the Planning Board may
consult with the Town Engineer and other Town and county officials
as well as with representatives of federal and state agencies, including
the Soil Conservation Service. The Planning Board may require the
exterior design of all structures be made by, or under the direction
of, a registered architect whose seal shall be affixed to the plans.
The Planning Board may also require such additional provisions and
conditions that appear necessary for the public health, safety and
general welfare, including, but not limited to, the following:
(1)
Adequacy and arrangement of pedestrian traffic access and circulation,
including separation of pedestrian from vehicular traffic, walkway
structures, control of intersections with vehicular traffic and pedestrian
convenience.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation,
including intersections, road widths, channelization structures and
traffic controls.
(3)
Location, arrangement, appearance and sufficiency of off-street
parking and loading.
(4)
Location, arrangement, size and design of buildings, lighting
and signs.
(5)
Relationship of the various uses to one another and their scale.
(6)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or a noise buffer between adjacent uses
and adjoining lands.
(7)
Adequacy and distribution of usable open space for playgrounds
and informal recreation.
(8)
Adequacy of stormwater and sanitary waste disposal facilities.
(9)
Adequacy of structures, roadways and landscaping in areas with
moderate to high susceptibility to flooding and ponding and/or erosion.
(10)
Protection of adjacent properties against noise, glare, unsightliness
or other objectionable features.
(11)
Compliance with the provisions of SEQR.
(12)
Conformance with other specific charges of the Town Board which
may have been stated in the zoning resolution.
(13)
Location and design of erosion and sediment control structure.
D.
Action on preliminary site development plan application. No grading
or physical modification of the site shall begin until the developer
has received preliminary site plan approval. Failure to comply shall
be construed as a violation of this chapter.
(1)
Within 62 days of the receipt of an application for preliminary
site development plan approval, the Planning Board shall make its
recommendations to the Town Board. Failure to render a decision within
said period shall be deemed to be approval by the Planning Board.
[Amended 6-25-2020 by L.L. No. 3-2020]
(2)
The Planning Board's action shall be in the form of a written
statement to the Town Board.
(3)
A copy of the appropriate minutes of the Planning Board shall
be a sufficient report.
(4)
The Planning Board's statement may include recommendations for
changes to be incorporated in the final site development plan and
to be conditions of approval. Such recommendations shall be limited,
however, to siting and dimensional details with general use areas
and shall not significantly alter the sketch plan as it was approved
in the zoning proceedings.
(5)
If the preliminary site development plan is disapproved, the
Planning Board's statement shall contain the reasons for such findings.
In such a case, the Planning Board may recommend further study of
the site development plan and resubmission of the preliminary site
plan to the Planning Board after it has been revised or redesigned.
If, in the site development plan process, it becomes apparent
that certain elements of the sketch plan, as it has been approved
by the Town Board, are unfeasible and in need of significant modification,
the applicant shall then present his solution to the Planning Board
as his preliminary site development plan in accordance with the above
procedures. The Planning Board shall then determine whether or not
the modified plan is still in keeping with the intent of the zoning
resolution. If a negative decision is reached, the site development
plan shall be considered disapproved. The developer may then, if he
wishes, produce another site development plan in conformance with
the approved sketch plan. If an affirmative decision is reached, the
Planning Board shall so notify the Town Board stating all of the particulars
of the matter and its reasons for feeling the project should be continued
as modified. Preliminary site development plan approval may then be
given only with the consent of the Town Board.
A.
After receiving conditional approval from the Town Board on a preliminary
site development plan and approval for all necessary permits and curb
cuts from state and county officials, the applicant may prepare his
final detailed site development plan and submit it to the Planning
Board for final review; except that if more than six months has elapsed
between the time of the Planning Board's report on the preliminary
site development plan and if the Planning Board finds that conditions
have changed significantly in the interim, the Planning Board may
require a resubmission of the preliminary site development plan for
further review and possible revision prior to accepting the proposed
final site plan for review.
B.
The final detailed site plan shall conform substantially to the preliminary
site development plan that has received preliminary site development
plan approval. It should incorporate any revisions or other features
that may have been recommended by the Planning Board and/or the Town
Board at the preliminary review. All such compliances shall be clearly
indicated by the applicant on the appropriate submission.
(1)
In addition to the requirements for preliminary site development
plan approval, an application for final site development plan approval
shall also contain:
(a)
The final site plan at a scale of 50 feet to one inch. Where
more than one sheet is required to show the entire development, a
key map shall be provided.
(b)
The lines of existing and proposed streets and sidewalks immediately
adjoining and within the TPD or TPD stage.
(c)
The names of existing and proposed streets.
(d)
Typical cross sections of proposed streets and sidewalks.
(e)
Profiles of proposed streets at suitable vertical scale showing
finished grades in relation to existing ground elevation.
(f)
Layout of proposed lots, including lot numbers and proposed
numbering system for buildings.
(g)
The location and size of any existing and proposed sewers (storm
and/or sanitary), water mains and pipes on the property or into which
any connection is proposed.
(h)
Provisions for water supply and sewage disposal and evidence
that such provisions have received approval of the New York Department
of Environmental Conservation and/or New York Department of Health.
(i)
Locations of survey monuments.
(j)
A planting plan indicating locations, varieties and minimum
size of trees to be planted and of existing trees to be preserved.
Existing wooded areas need not be itemized, but should be generally
described.
(k)
Brief specifications or reference to Town standards for all
public facilities to be constructed or installed within the TPD stage.
(2)
Action on the final detailed site development plan application.
Within 62 days of the receipt of the application for final site development
plan approval, and after a duly advertised public hearing in accordance
with procedures of § 276 of the Town Law, the Planning Board
shall render its recommendations to the Town Board and so notify the
applicant. If no decision is made within the sixty-two-day period,
a favorable recommendation shall be deemed to have been made.
[Amended 6-25-2020 by L.L. No. 3-2020]
(a)
Upon reviewing an application, the Planning Board shall endorse
its approval on a copy of the final site development plan with its
recommendation that the Town Board formally establish a TPD District
in accordance with the approved plan. The Town Board shall then, by
resolution, formally rezone the area as a TPD District and shall forward
the final site development plan to the appropriate permit issuing
officer who shall then be empowered to issue permits consistent with
the requirements of the Uniform Code and this chapter.
(b)
Upon disapproving an application, the Planning Board shall so
inform the permit issuing officers. The Planning Board shall also
notify the applicant and the Town Board, in writing, of its decision
and its reasons for disapproval. A copy of the appropriate minutes
may suffice for this notice. In such event, the property in question
may be developed only in conformity with the regulations and restrictions
applicable to the district in which it is located.
If the applicant wishes to stage his development, and he has
so indicated, then he may submit only those stages he wished to develop
for site plan approval, in accordance with his staging plan. Any plan
which requires more than 24 months to be completed shall be required
to be staged, and a staging plan must be developed. It is the intent
of this article that individual stages of the TPD will have an integrity
of use in their own right so that, if for any reason, the entire TPD
would not be completed, those portions of the TPD already constructed
will be an asset to the community by themselves. Staging plans must
take account of this objective, and developers proposing individual
stages that deviate significantly from the overall character of the
TPD should present convincing evidence that such a stage is indeed
in keeping with this article.
A.
Regulation after initial construction and occupancy. For the purposes
of regulating development and use of property after initial construction
and occupancy, any changes other than use changes may be processed
only upon presentation to and approval by the Planning Board. Use
changes shall also be in the form of a request for special permit,
except that Town Board approval shall be required. It shall be noted,
however, that properties lying in Totally Planned Development Districts
are unique and shall be so considered by the Planning Board or Town
Board when evaluating these requests, and maintenance of the intent
and function of the planned unit shall be of primary importance.
B.
Site development plan review. Site development plan review under the provisions of this article shall suffice for Planning Board review of subdivisions under Chapter 190, Land Use and Public Works, subject to the following conditions:
(1)
The developer shall prepare sets of subdivision plats suitable
for filing with the office of the Wayne County Clerk, in addition
to those drawings required above.
(2)
The developer shall plat the entire development as a subdivision;
however, TPDs being developed in stages may be platted and filed in
separate stages.
No building permits shall be issued for construction within
a TPD District until the required improvements are installed or, alternatively,
a letter of credit is provided in accordance with the same procedures
as provided for in § 276 of the Town Law relating to subdivisions.
Other such requirements may also be established from time to time
by the Town Board.
