In addition to any other powers and authority to plan and regulate
by zoning, the Village of Churchville hereby enacts requirements for
the review of planned residential development plans and the establishment
and simultaneous mapping of Planned Residential Development (PRD)
Districts pursuant to the provisions of this article.
A.
Purpose. The purpose of a PRD District is to encourage innovations
in residential development for desirable future neighborhoods and
to guide said development in ways that support the community's vision
and goals as stated in the Village's Comprehensive Plan.
B.
Intent. It is the intent of a PRD District to provide flexible land
use and design regulations through the use of performance criteria
so that small- to large-scale residential neighborhoods or portions
thereof may be developed within the Village that incorporate a variety
of residential types, and contain both individual building sites and
common property which are planned and developed as a unit. Such a
planned unit is intended 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.
C.
Objectives. PRD Districts should strive to achieve the following
objectives:
(1)
Provide an increase 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 residents at all economic levels.
(2)
Provide more usable open space and recreation areas for use by the
public.
(3)
Construct attractive new residential housing facilities for all income
groups which support the Central Business District in its role as
the Village focal point.
(4)
Preserve existing trees, natural topography, and geologic features
and actively seek to prevent soil erosion throughout the site.
(5)
Implement a creative use of land and related physical development
that allows an orderly transition of land from rural to urban uses.
(6)
Ensure an efficient use of land resulting in smaller networks of
utilities and streets and thereby lower housing costs.
(7)
Permit a residential growth development pattern that is in harmony
with the Village's existing traditional neighborhoods and future land
use vision of the Comprehensive Plan.
(8)
Allow for the creation of a more desirable neighborhood environment
than would otherwise be possible through the strict application of
the zoning districts of this chapter.
(9)
Promote the fitting of development with the existing character and
topography of land rather than the converse.
(10)
Incorporate aesthetic qualities into the design process that
will make the finished project physically appealing to both its residents
and the greater Village community.
(11)
Prevent the overcrowding of land resulting from undue concentration
of population.
(12)
Facilitate the adequate provision of transportation, water,
sewer, schools, parks, and other public services.
(13)
Promote the health and general welfare of the Village.
D.
Flexibility of regulations. This article recognizes that while the
standard zoning function (use and bulk) and the subdivision function
(platting and design) are appropriate for the regulation of land use
in areas or neighborhoods that are already substantially developed,
these controls represent a type of pre-regulation, regulatory rigidity
and uniformity which may be inimical to the techniques of land development
contained in the PRD 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 PRD techniques
are deemed appropriate through the rezoning of land to a PRD District
by the Village 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.
A.
Location. A PRD District shall be applicable to any area in the Village
of Churchville where the applicant can demonstrate that the characteristics
of his holdings will meet the requirements and objectives of this
article.
B.
Minimum area. A PRD District shall contain an area of not less than
four contiguous acres. No land shall be designated for a PRD District
if it is too small, too narrow in width, too irregular in shape or
with topography too excessive to be planned and developed in a manner
consistent with the purpose and objectives of this article. Where
the applicant can demonstrate that the characteristics of their holdings
will meet the purpose and objectives of this article and the Village's
Comprehensive Plan, the Planning Board and Village Board may consider
projects with less acreage.
C.
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 owners of all property included in a project.
In the case of multiple ownership, the approved plan shall be binding
on all owners.
A.
Residential uses.
(1)
Permitted residential uses may be of any variety of types. In developing
a balanced community, the use of a variety of housing types shall
be deemed most in keeping with this section. Acceptable residential
uses include, but are not limited to:
(2)
At least 35% of the total number of dwelling units within any PRD
District shall be single-family dwellings, unless the Planning Board
and Village Board find the waiver of such requirement in keeping with
the best interests of the Village and the area under development.
(3)
Residential accessory uses such as private garages, storage spaces,
decks, or patios shall also be permitted as appropriate to suit resident
needs.
B.
Nonresidential uses.
(1)
Commercial, service, and other nonresidential uses are generally
discouraged because of the potential for conflict with the objectives
of this chapter. However, consideration may be given to limited commercial,
service, and other nonresidential uses where they are scaled to a
size and type for the primary use and benefit of the residents of
the PRD and where such structures are designed appropriately for the
context of the neighborhood. Such uses may include, but are not limited
to:
(2)
Public and semi-public uses may be permitted in a PRD District, provided
the provision of such does not detract from the residential scale
and character of the development. Such uses may include, but are not
limited to:
(3)
Nonresidential accessory uses may also be permitted as appropriate
to support the PRD District.
C.
Unacceptable uses. The following uses are considered to be undesirable
and therefore unacceptable to be located within a PRD District. The
inclusion of such uses shall require Village Board approval as part
of the PRD application process.
D.
Intensity of use. Because land is used more efficiently in a PRD,
improved environmental quality can often be produced with a greater
number of dwelling units per gross building acre than usually permitted
in traditionally zoned districts. The Village Board shall determine
in each case the appropriate land use intensity or dwelling unit density
for individual projects. 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.
E.
Common property. "Common property" in a PRD is a parcel or parcels
of land, together with the improvements thereon, which are shared
by the owners and occupants for public use or enjoyment. When common
property exists, the ownership of such common property may be either
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.
F.
Open space.
(1)
Public and/or common open space shall be provided at a rate of at
least 25% of the PRD District gross acreage. Designation and use of
such public and/or common open space area(s) shall be based on consideration
of the following factors:
(a)
The need to protect for public use areas historically used by
the public, such as trails;
(b)
The avoidance of siting of structures in hazardous areas, wetlands,
floodplains, or on steep slopes;
(c)
The protection of sensitive habitats and woodlots; and
(d)
The desirability of protecting scenic areas of the site.
(2)
A minimum of 75 feet of open land, free from structures and paved areas (except for pedestrian walkways), shall generally be required adjacent to any creek or stream running either through or adjacent to the property under question. Such area may be included in the open space requirement of Subsection F(1).
(3)
Lands to be preserved as open space may be dedicated in fee to the
Village or other such public agency or may remain in private ownership.
For public open space that remains in private ownership, 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.
(4)
The Village may require a guarantee of the public's right of access
and use to an open space area.
(5)
Preservation and maintenance of all common open space and communal
recreational facilities shall be guaranteed by a restrictive covenant
describing the open space and its maintenance and improvements as
running with the land as described in the approved site plan.
A.
Intent. The following items are intended to be general guidelines
for the developer to follow when planning his development layout and
design. Although they represent a pattern of customary requirements
and restrictions, they are meant to be applied to a specific proposal
open-mindedly and objectively. Specific circumstances may warrant
slight changes in application if the developer can suggest alternatives
which, in the opinion of the Village Board and Planning Board, are
more in keeping with the objectives of this article.
B.
Lot size.
(1)
No lot shall be less than 10,000 square feet in area or 50 feet in
width.
(2)
Residential developments should consist of a mix of small, medium,
and large lots (as defined below), arranged in a manner that is complementary
to adjacent neighborhoods while providing for a variety of housing
styles within the development.
C.
Setbacks.
(1)
All development shall maintain a front setback of at least 10 feet,
but not more than 50 feet.
(2)
Accessory structures shall be located in the rear yard only and shall
maintain a setback of at least five feet from all property lines.
(3)
No structure shall be located within 15 feet of another structure,
primary or accessory.
D.
Lot coverage. The cumulative area of building footprints and impervious
surfaces generally shall not cover more than 35% of the lot area.
E.
Building height. No structure shall exceed 35 feet or three stories
in height.
A.
General building requirements.
(1)
Individual buildings shall be related to each other in design, mass,
materials, placement and connections to provide a visually and physically
integrated development.
(2)
Each dwelling unit shall be located, constructed, and served by utilities
in such fashion that such dwelling unit may be sold individually as
a subdivision lot, condominium unit, or in a similar fashion as approved
by the Village.
(3)
Facade treatments on all sides of buildings shall be comparable in
amenity to provide a visually and physically integrated development.
The scale, design, and detailing of structures should be consistent
with and complementary to the traditional character of the Village's
existing neighborhoods.
(4)
All primary buildings shall be constructed or clad with materials
that are durable, economically maintained, and of a quality that will
retain their appearance over time, including, but not limited to,
painted wood; natural or synthetic stone; brick; stucco; integrally
colored, textured, or glazed concrete masonry units; high-quality
prestressed concrete systems; Exterior Insulation Finish Systems (EIFS);
or glass. Prohibited materials include:
(5)
Air-conditioning units, HVAC systems, exhaust pipes or stacks, elevator
housing, and commercial satellite dishes or telecommunications devices
shall be thoroughly screened from view from the public right-of-way
and from adjacent residential properties. Screening shall be architecturally
compatible with the style, materials, colors, and details of the structure.
Single- and two-family dwellings shall be exempt from this provision.
B.
Residential structures.
(1)
There may be not less than two units and not more than six units
in a townhouse or attached single-family group.
(2)
Buildings shall be oriented with the primary facade and entrance
facing the public street and shall provide direct connection to the
Village's public sidewalk system.
(3)
Attached garages shall not encroach upon the front yard or project
beyond the front building line. Detached garages shall be located
in the rear yard.
(4)
Multifamily dwellings are encouraged to be designed with the outward
appearance of a single-family dwelling, utilizing complementary materials,
roof lines, and architectural detailing where appropriate. Entrances
should be so oriented to resemble that of a single- or two-family
dwelling.
(5)
Multifamily dwellings shall not have large or long continuous wall
or roof planes. Larger buildings shall be visually divided into smaller
sections no longer than 50 feet in length by recesses, bays, gables,
porches, or other architectural devices to prevent an out-of-scale,
monolithic appearance.
(6)
Every multifamily development shall be provided with proper garbage
disposal units, together with a refuse storage and collection area
well maintained and screened from public view.
(7)
The entire area of a multifamily development not improved for driveways,
parking areas, or covered by building or walkways shall be landscaped
to the satisfaction of the Planning Board and Village Board.
(8)
Accessory structures, such as clubhouses, pools, pool buildings,
storage buildings, and trash enclosures, shall be located in a manner
that does not disturb or encroach upon the public realm of the site
(pedestrian walkways, roadway, etc.).
C.
Nonresidential structures. The design of all nonresidential buildings
shall conform to the requirements of Article 11, unless otherwise
approved by the Planning Board and Village Board.
A.
Off-street parking and loading. All off-street parking and loading areas shall conform to the standards of Article IX of this chapter, unless otherwise approved by the Village Board. In no case shall parking areas be permitted in the front setback, with the exception of an approved driveway for single- or two-family dwellings.
B.
Landscaping and screening. All landscaping and screening shall conform to the standards of Article X of this chapter, unless otherwise approved by the Village Board.
C.
Natural features and wetlands.
(1)
Existing mature specimen trees, historic landscape features, mature
groves of trees, streams, wetlands, and prominent topography shall
be conserved and incorporated into the development design to the greatest
extent practicable.
(2)
An undisturbed buffer shall be maintained around the perimeter of
identified wetland areas to visually screen adjacent uses; to protect
associated animal habitat and plant life; and to ensure that a healthy
wetland ecosystem is maintained.
(3)
Site planning for wetlands and adjacent areas shall be consistent
with state and federal guidelines and recommended best practices.
D.
Site connectivity and access.
(1)
Site plans shall include considerations for vehicular, pedestrian,
and bicycle traffic circulation, parking, and access both internally
and externally to the development area.
(2)
One driveway not exceeding 12 feet in width for a single-car garage
or not exceeding 18 feet in width for a two-or-more-car garage is
permitted.
(3)
All buildings shall be arranged so as to be accessible to emergency
vehicles.
(4)
Utility lines providing electric, telephone, television or other
services shall be installed underground.
Whenever any PRD District is proposed, before any permit for
the erection of a permanent building in such development shall be
granted and before any subdivision plat or any part thereof may be
filed in the office of the Monroe County Clerk, the developer or his
authorized agent shall apply for and secure approval of such PRD in
accordance with the following:
A.
Applications for the establishment of a PRD shall be processed in accordance with Article XVI of this chapter.
B.
For the purposes of this article, a PRD application shall include all elements of a site plan application as noted in Article XVIII of this chapter.
C.
All PRD applications shall be subject to initial review and recommendation
by the Planning Board. Upon recommendation by the Planning Board,
the PRD District application shall be referred to the Village Board
for review and final action.
A.
Sketch plan conference. It is highly recommended that applicants consider a sketch plan conference in accordance with § 250-185 of this chapter prior to submitting a formal PRD application. PRD sketch plans should at a minimum include:
(1)
The location and ownership of the lands within the PRD District,
their area, and proposed uses, as well as the ownership, use, and
boundary of abutting lands.
(2)
The general outlines of the interior roadway system and all existing
rights-of-way and easements, whether public or private.
(3)
The delineation of proposed residential groups, indicating for each
such grouping its general extent, size, and density in terms of total
number of dwelling units.
(4)
Evidence of how the developer's particular mix of uses meets existing
community demands. Evidence as to demands may be in the form of specific
studies or reports initiated by the developer or in the form of references
to existing studies or reports relevant to the project in question.
(5)
Evidence that the proposal is compatible with the goals of the Village's
Comprehensive Plan.
(6)
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 of this section shall show the intended total project.
(7)
Evidence of any sort in the applicant's own behalf to demonstrate
his competence to carry out the plan and his awareness of the scope
of such a project, both physical and financial.
B.
Planning Board review.
(1)
The Planning Board shall review the PRD application, including the
site plan and its related documents, with the purpose of providing
the Village Board with a recommendation of action.
(2)
The Planning Board may issue a recommendation to approve, approve with conditions, or deny the PRD application. Such recommendation shall be based on the following criteria, in addition to the site plan review criteria of Article XVIII.
(a)
The rezoning of the subject site to PRD would be in accordance
with the Village's Comprehensive Plan.
(b)
The proposed PRD meets the purpose and objectives of this article.
(c)
The proposed PRD meets all the general requirements of this
chapter, as applicable.
(d)
The proposed PRD is conceptually sound in that it meets a community
need and conforms to accepted design principles in the proposed functional
roadway system, land use configuration, open space system, drainage
system and scale of the elements both absolutely and to one another.
(e)
There are adequate services and utilities available or proposed
to be made available in the construction of the development.
(3)
The Planning Board may elect to hold a public hearing as part of
its review. If a public hearing is held, it shall be duly noticed
and conducted.
(4)
Upon receipt of all necessary application material and prior to issuing
a report of recommendation, the Planning Board shall certify by resolution
the PRD District application as complete for the purpose of its review.
The Planning Board shall submit its report of recommendation within
45 days of such resolution.
(5)
The recommendation report by the Planning Board must be in writing,
detailing the findings of the application as it relates to the requirements
of this article and chapter. A copy of this report shall be filed
in the Village Clerk's office and submitted to the applicant and Village
Board.
(6)
The Planning Board may act as an involved agency for the purposes
of SEQR and provide recommendations to the Village Board. The Planning
Board may not, however, act as lead agency on a PRD District application.
C.
Village Board review.
(1)
Upon receipt of a recommendation report from the Planning Board,
the Village Board shall evaluate such PRD application as a zoning
amendment.
(3)
If the Village Board approves the PRD application, the Zoning Map
and/or text shall be amended after filing and publication as required
by the New York State General Municipal Law.
A.
The review of a PRD application under the provisions of this article shall suffice for Planning Board review of site plans under Article XVIII of this chapter, subject to the following conditions:
B.
Planning Board recommendation for approval of a PRD application shall
constitute conditional site plan approval of the same, subject to
the granting of the PRD zoning amendment by the Village Board.
C.
Site plan review under the provisions of this section shall also suffice for Planning Board review of subdivisions under Chapter 205, Subdivision of Land, of the Village Code, subject to the following conditions:
(1)
The developer shall prepare sets of subdivision plats suitable for
filing with the office of the Monroe County Clerk in addition to those
drawings required for site plans.
(2)
The developer shall plat the entire development as a subdivision;
however, PRDs being developed in stages may be platted and filed in
the same stages.
No building permits shall be issued for construction within a PRD District until improvements are installed or a performance bond is posted in accordance with the same procedures as provided for in Chapter 205, Subdivision of Land, of the Village Code relating to subdivisions. Other such requirements may also be established from time to time by the Village Board.
