[Amended 5-11-1995 by L.L. No. 2-1995; 9-25-2008 by L.L. No. 1-2008]
It is the intent of this article to establish a special planned
unit development district within the Town of Macedon, to be known
as the "Macedon New Community Development District," which district
shall consist of a minimum of 500 acres of land. Said district shall
hereinafter be referred to as the "New Community Development District
(NCD)."
A.
Location of NCD. The NCD is hereby adopted for 500 acres of land
located within the Town of Macedon as shown on the map adopted with
this chapter.[1] Said map may be revised by a showing that the developer,
or any successor thereto, has obtained control of additional adjacent
land, and that the inclusion of such land within the NCD will be to
the benefit of the new planned community and the Town. Approval for
such inclusion of additional land shall be by the Town Board pursuant
to the provisions of the Town Law of the State of New York. The following
regulations shall be adhered to for all additional lands proposed
to be rezoned to NCD after the adoption of this Code:
(1)
The developer shall submit to the Town Board an overall master
plan depicting the entire NCD district, which also shows the new acreage
proposed to be rezoned and how the proposed rezoning integrates into
the existing overall NCD development.
(2)
The developer shall also submit to the Town Board, for approval,
a specific concept plan for the lands to be rezoned to NCD, including
adequate detail to specify the proposed locations of particular uses
(i.e., single family, multifamily, industrial, commercial).
(3)
The Town-Board-approved concept plan shall be formally incorporated
as part of the rezoning approval, and the Town Planning Board shall
thereafter use it as a guide for reviewing future site plan applications
for compliance with the allowed use.
(4)
The developer shall not request site plan approval from the
Town Planning Board for any proposal which does not meet the requirements
of the approved concept plan for the rezoned NCD land.
(5)
The developer may petition the Town Board, from time to time
as circumstances dictate, to formally revise the approved concept
plan by Board resolution, for a particular area of the NCD.
[1]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
B.
Permitted uses in the New Community Development District shall be
as follows:
C.
Roads and utilities. The developer shall provide all necessary water
and sewer facilities, storm drainage, highway access, paved service
streets, off-street parking, including storage space for auxiliary
vehicles such as travel trailers, campers, boats, snowmobiles, loading
facilities, streetlighting, sidewalks and curbs as shall be required
by the Town, except as may otherwise be provided through state, county
or federal programs.
D.
Common property. Common property in the NCD shall be a parcel or
parcels of land, together with the improvements thereon, the use and
enjoyment of which are shared by the residents and/or employees of
the community. When common property exists, the ownership of such
common property may be either public, community or private or any
combination thereof. When common property exists, arrangements satisfactory
to the Town Board must be made for the improvement, operation and
maintenance of such common property and areas and recreational and
open space areas. The Town Board shall retain the right to review
and approve the Articles of Incorporation and character of any association
owning or managing any common property within the NCD and to require
whatever conditions it deems necessary to ensure that the intent and
purpose of this article are carried out. Where deemed appropriate
by the Planning Board, the developer shall be required to create pathways
facilitating pedestrian access to open space areas, parklands, recreational
areas and enabling connection to the Macedon Trail System.
[Amended 6-25-2020 by L.L. No. 3-2020]
E.
Residential density. Any additional lands rezoned and added to the
existing NCD shall not exceed two units per acre for one- or two-family
homes, and eight units per acre for apartments and Town homes, with
these densities being calculated using only the acreage being rezoned
at the time.
A.
Site development plans approved by the Planning Board shall be required
for all proposed developments. Where an approved site development
plan is proposed to be amended, such amendment shall also be subject
to the approval of the Town Planning Board.
B.
On each original or amended site development plan, the Town Planning
Board shall certify whether or not the said plan meets all applicable
requirements of this article.
C.
No building permit or certificate of occupancy may be issued nor
may any division of property be made, except in accordance with an
approved site development plan or amendment of any such plan.
A.
Residential standards.
(1)
Areas proposed in the form of single-family or two-family detached houses shall not exceed the density set forth in § 300-112E.
(2)
To the extent feasible, at least 30% of the total number of
dwellings within this NCD should be in single-family detached structures.
(3)
The densities for multifamily residential uses shall not exceed
eight dwelling units per acre.
(4)
Building height, size and design shall be appropriate to the
location within the NCD where proposed and shall further be appropriate
to the overall development plan of the NCD and the development plan
of the Town.
(5)
Off-street parking facilities shall be adequate for the particular
development and approval as to quantity and location by the Planning
Board. In no case shall campers, boats and other recreational vehicles
be stored in other than screened areas or enclosed structures.
[Amended 6-25-2020 by L.L. No. 3-2020]
(6)
The Planning Board may require as much as 25% of any required
open space to be provided in the form of suitable play area.
(7)
All multifamily uses must provide adequate landscaping to the
satisfaction of the Planning Board.
(8)
A buffer strip of adequate width should be provided, where appropriate,
between residential and nonresidential areas and between residential
areas and state and county roads. Said buffer strip may be created
by utilizing suitably landscaped green areas, by design, configuration
and location of particular buildings or by any other method meeting
the approval of the Planning Board. No parking shall be permitted
in a buffer area.
(9)
The Planning Board may require the developer to provide space
within the NCD for the common storage of recreational vehicles, travel
trailers and similar equipment for the sole convenience of residents
of the NCD. If such space is required, the Planning Board shall approve
the size and location of such common storage areas and shall specify
required buffer planting and screening.
(10)
One- and two-family residential housing lots shall meet the
following minimum standards for all new development projects:
(a)
Minimum lot width shall be 85 feet (100 feet for a duplex).
For pie-shaped lots on curved road radii, the frontage width can be
less than 85 feet (100 feet for a duplex), as long as the lot width
at the front setback line of the primary structure is 85 feet (100
feet for a duplex).
(b)
Minimum lot size shall be 15,000 square feet for one family,
and 20,000 square feet for a duplex.
(c)
Minimum front setback for a primary structure shall be 60 feet.
(d)
Minimum side setback for a primary structure shall be 10 feet.
(e)
Minimum rear setback for a primary structure shall be 40 feet.
(f)
Minimum side or rear setback for accessory structures shall
be 10 feet.
(g)
No accessory structures may be located in the front or side
yard area.
(h)
No accessory structure shall be larger than 20% of the size
of the primary structure.
(i)
No accessory structure shall be taller than 12 feet or the height
of the primary structure, whichever is less.
(j)
No more than two detached accessory structures greater than
100 square feet are permitted per lot, including outbuildings, pools,
sheds, etc. Structures of 100 square feet or smaller shall not be
considered in the total number of structures allowed, however must
still meet required minimum setbacks.
(l)
All new single-family homes shall have a minimum of 440 square
feet of attached garage space.
(m)
All new duplex units shall have a minimum of 240 square feet
of attached garage space per unit.
(11)
One- and two-family residential housing lots, at a minimum,
shall have the following lot amenities (The Planning Board may add
additional amenities during site plan review.):
(a)
All roof downspout conductors shall be connected underground
to the stormwater management system with a minimum-six-inch diameter
SDR-35 PVC piping and a cleanout at the right-of-way line. No splash
blocks will be permitted on residential lots of less than 30,000 square
feet within the NCD zoning district.
(b)
Every housing unit shall have one driveway post light. At the
discretion of the Planning Board, ornamental streetlighting shall
be provided at regular intervals throughout the subdivision, with
special emphasis on lighting street intersections and any other critical
areas identified by the Planning Board.
(c)
All driveways shall be asphalt- or concrete-paved. No stone
or gravel driveways are permitted.
(d)
All lots shall have a minimum of one street tree with a minimum
caliper of two inches. Corner lots shall have a minimum of two street
trees.
(e)
Concrete sidewalks shall be provided, at a minimum, on one side of any public street. Location and extent of required sidewalks shall be determined by the Planning Board. Additional off-road walking trails may be required at the Planning Board's discretion, pursuant to § 300-112D.
(f)
Drainage swales in yard areas which cross multiple lots shall
have a minimum-four-inch perforated tile line bedded in stone, discharging
to a municipal storm conveyance system.
(g)
In no case shall drainage from an NCD property exit to an adjacent
property without first being routed to the on-site stormwater management
system.
(h)
Any new residential subdivisions in the NCD Zoning District
shall be serviced by municipal sanitary sewers.
(12)
Other uses in residential areas of NCD.
(a)
The only nonresidential use that shall be permitted on a lot approved by the Planning Board as a residential use in the NCD Zoning District shall be home occupations, as described in § 300-66A, and approved by the Planning Board.
(c)
Any one- or two-family residence in NCD shall not be converted
or modified in any way to increase the number of dwelling units.
(d)
Windmills shall not be permitted in residential areas of the
NCD Zoning District.
(e)
Outdoor solid-fuel-burning furnaces shall not be permitted in
the NCD Zoning District.
(13)
At no time shall any developer propose a new multifamily residential
development project, within the NCD Zoning District, which causes
the overall number of multifamily units to exceed 20% of the total
number of dwelling units in the NCD District (i.e., single-family
homes shall constitute a minimum of 80% of all dwelling units within
the NCD District). The developer will be required to provide an analysis
of this ratio for any proposed multifamily development in the NCD
District. This analysis is subject to review and approval by the Town
Board.
B.
Commercial standards.
(1)
Except for the regional commercial center located within the
NCD, commercial uses should be generally scaled to serve the residents
of the NCD.
C.
Office, research and manufacturing standards.
D.
Site and structure standards.
(1)
Where feasible, natural features such as streams, rocks, outcrops,
topsoil, trees and shrubs shall be preserved and incorporated in the
landscaping of the development.
(2)
Where adequate surface drainage is not possible by grading alone,
a supplementary drainage system approved by the Planning Board shall
be required.
(3)
To improve the quality of the environment and to reduce inconvenience
during bad weather, the underground installation of electrical and
telephone equipment shall be required where feasible.
(4)
Lot sizes and dimensions, structure heights and locations thereon may be freely disposed and arranged in conformity with the overall density standards set forth herein. One- and two-family lot dimensions are specified in Subsection A(10). For other uses, minimum lot size or frontage and, except for office, research and manufacturing uses, maximum percentage of lot coverage are not specified herein. In reviewing any particular site plan for the whole or any part of property falling within this NCD, the Planning Board shall be guided by the appropriate standards of good planning practices, to the end that the resulting development shall be compatible with the surroundings of the area and assure the stability of the uses proposed to be developed on the site.
(5)
The right-of-way and pavement widths for internal roads serving
multifamily dwellings, commercial and office, research and manufacturing
developments shall be determined from sound planning and engineering
standards to conform with the estimated needs of the proposed full
development and the traffic to be generated thereby. The pavement
of said roads shall be not less than 24 feet wide, excluding parking
lanes, and shall be adequate and sufficient in size, location and
design to accommodate the maximum traffic, parking and loading needs
and the access of firefighting equipment and police emergency vehicles.
Dedicated streets shall be in conformance with the standards established
by the Town.
A.
General requirements. The Planning Board shall require the applicant
to furnish such preliminary drawings and specifications as required
for normal site development plan approval, including the following:
(1)
An area map showing the applicant's entire holdings, said portion
of the applicant's property under consideration and all properties,
subdivisions, streets and easements within 500 feet of that parcel
of property. An applicant shall also show whether its holdings are
by lease, option, deed or otherwise.
(2)
A topographic map showing contour intervals of not more than
five feet of elevation.
(3)
A plan map showing the location of the various uses, the general
pattern of the interior road systems, the location and treatment of
all open space areas (including parks and playgrounds) and the location
of all existing and proposed site improvements, including water, sewer
and storm drainage systems. In addition, data on the number of dwelling
units by type and the appropriate acreage for all uses shall be included
on the plan, if available.
(4)
Any other material deemed necessary to determine the applicability
of the development with reference to:
B.
Approval of site plans. The Town Board reserves the authority to
give final approval to site development or plot plans, pursuant to
the provisions of the Town Law.
If, after the passage of 24 months from the date of any site
plan development approval within this New Community Development District,
construction has not substantially commenced, the site plan development
approval given under the terms of this article shall be revoked and
the developer shall be required to resubmit the site development plans
to the Town Planning Board for approval.
A.
It is anticipated that the developer will stage development within
this NCD and said developer may submit in detail those stages he wishes
to develop for site plan approval in accordance with a staging plan.
Such plan must be submitted and approved for each stage of development
in accordance with the procedures established within this article.
B.
For any phased or staged development project within the NCD district,
the developer shall present annually to the Planning Board a master
plan showing the existing developments and the projected development
for the succeeding three years, together with an analysis of the long-term
projected conformance with land use ratios and other requirements
of this chapter.
At any time following the approval of site plans, including
the issuance of permits for any part thereof, the applicant may petition
for review in detail the previously approved plans, stating his reasons
therefore. Such reasons may be based upon such consideration as, but
shall not be limited to, changing social or economic conditions, suggested
improvements to layout or design features or unforeseen difficulties
or advantages such as site conditions, state or federal projects or
statutory changes which mutually affect the interest of the applicant
and the Town. Upon finding that such petition and reasons are reasonable
and valid, and provided that such revisions do not alter the concept
of the plan as previously approved, the Planning Board may reconsider
the design of all or a portion of the site plan.
As a condition of final approval of site development plans,
the Town Board shall require the applicant to post adequate performance
guaranties to ensure the installation of all required site improvements
in an amount sufficient to cover the cost of all such improvements.
Said performance guaranty shall be in the form of a letter of credit
or certified check, which should include an agreed-upon date for the
completion of such improvements and should be for a period of time
determined by the Town Board. The amount of the performance guaranty
may be reduced by the Town Board when portions of the required improvements
have been completed. If no such performance guaranty is posted, the
approval or application shall be a nullity.
[Amended 6-25-2020 by L.L. No. 3-2020]
Construction within the NCD Zoning District shall strictly comply with all requirements of Chapter 190, Land Use and Public Works, of the Town of Macedon Code, any provisions specified in the NCD Zoning District, all relevant New York State Uniform Fire Prevention and Building Codes, as well as any other applicable state, local or federal laws.
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 proposed by either the developer or an individual owner shall
be in the form of a request for approval, except that Town Board approval
shall be required. It shall be noted, however, that properties lying
in the NCD 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, portions of the NCD being developed in stages may be platted
and filed in separate stages.
C.
Financial responsibility. No building permits shall be issued for
construction within the NCD until improvements are installed or letters
of credit posted in accordance with the same procedures as provided
for in § 276 of the Town Law relating to subdivisions. Other
requirements may also be established from time to time by the Town
Board.
A.
Any building or land located within the NCD, and lawfully occupied
by a use on the date of the first publication of the public hearing
notice for the enactment of this article, or amendment thereto, which
does not conform after the passing of this article, or amendment thereto,
to the permitted uses or regulations of the NCD shall be deemed a
nonconforming use.
B.
Such use deemed nonconforming may be continued, but, if said nonconforming
use or occupancy is discontinued for a period of more than 12 months,
it shall be deemed abandoned, and any subsequent use or occupancy
of the land or structure shall be in conformance with the provisions
of the NCD.
C.
A use deemed nonconforming may be changed to a use permitted in the
NCD, provided that the change is approved by the Planning Board. Once
a nonconforming use has been changed to an approved conforming use,
said building or land shall not be permitted to revert to a nonconforming
use.
D.
A use deemed nonconforming shall not be enlarged, extended or intensified;
nor shall any structural alteration be made to any building in which
said use is conducted, except as may be permitted by the Planning
Board.
In order to promote innovative planning and development and
to foster creative use of the property located therein, unless otherwise
specified herein the NCD shall be governed by and subject only to
the provisions set forth in this article and the provisions set forth
elsewhere in this zoning district. Establishing minimum requirements
and use restrictions shall not be applicable within this district,
except as may be required by the Planning Board upon their review
of an application or plan for the use of the whole or any part of
the property located in this district.
