[Added 5-7-2018 by L.L.
No. 2-2018; amended 4-11-2019 by L.L. No. 4-2019]
A.
The purpose and intent of a Planned Development Area (PDA), also known as a "Planned Unit Development" (PUD), as authorized by § 7-703-a of the New York State Village Law is to i) provide for residential, commercial, industrial or other land uses, or a mix thereof, in which economies of scale, creative architectural or planning concepts and open space preservation may be achieved by a developer in furtherance of the Village Comprehensive Plan and Chapter 350, Zoning, of the Code of the Village of Dryden, and ii) introduce a degree of flexibility in conventional land use and design regulations which will encourage development in an imaginative and innovative way while through the process of review, discussion and law change, ensuring efficient investment in public improvements, a more suitable environment and protection of community interest. This Article XVII is primarily related to achieving innovations in residential development and mixed development so that the demand for housing at all economic levels can be met by greater variety in type, design and siting of dwelling units and nonresidential facilities and so that the conservation and more effective use of limited land can be achieved.
B.
It is recognized that certain types of development are beneficial to the Village and would not contravene the long range Comprehensive Plan and the objectives of Chapter 350, Zoning, of the Code of the Village of Dryden if they adhere to certain predetermined performance and design conditions. The planned development is to be used to enable these residential developments to occur even though they may not be specifically permitted by Chapter 350, Zoning, of the Code of the Village of Dryden.
C.
This Article XVII further recognizes that, while the standard land use control function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in the Village, these controls represent a type of preregulation, regulatory rigidity and uniformity which may be adverse to the objectives of land development contained in the planned development concept. Further, this Article XVII recognizes that a rigid set of space requirements along with bulk and use specifications would frustrate the application of this concept.
D.
Therefore, the planned development concept is deemed appropriate in any basic district within the Village. The set of conventional land use activities and area specifications set forth elsewhere in Chapter 350, Zoning, of the Code of the Village of Dryden are hereby replaced by a rezoning process in which an agreed upon development plan becomes the basis for continuing land use controls within a specifically defined area.
In order to carry out the purpose and intent of this Article XVII, a PDA must 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 Village residents at all economic levels.
B.
More usable open space and recreation areas.
C.
More convenience and flexibility in the location of any nonresidential
facilities.
D.
The preservation of trees, drainageways, outstanding natural topography
and geological features and prevention of soil erosion.
E.
A creative use of land and related physical development which allows
an orderly transition of land from nonresidential uses to residential
uses; such transition may require a physical buffer area which:
F.
An efficient use of land resulting in smaller networks of utilities
and streets and thereby lowering housing and community costs.
G.
A development pattern in harmony with the long-range objectives of
the Comprehensive Plan.
A.
Location. A PDA is permitted in any basic district on any lot or
lots in the aggregate being more than five acres.
B.
Permitted land uses. All residential land uses are permitted in a
PDA, and some nonresidential land uses may be permitted if the developer
can demonstrate that such uses will:
(2)
Contribute to the quality of the proposed development for the
area; and
(3)
Lead to the direct or indirect enhancement of the surrounding
neighborhood in terms of open space, vehicular and pedestrian traffic
movement, community operating costs, landscaping, preservation of
natural features and an improved living environment.
C.
Density. A proposed PDA may include an increase in residential density
of up to 50% over the maximum density achievable through application
of the minimum lot size dimension of the underlying basic district(s).
D.
Commercial development. The development aspects of a PDA shall demonstrate
that the combination of commercial activity with a residential development
in the area will:
E.
Infrastructure. A proposed PDA will be evaluated, in part, against
existing and planned capacity of infrastructure systems: roads, water,
sewer, energy, etc. While the Village encourages developers to propose
infrastructure improvement and upgrading at their own cost, the Village
also reserves the right to not proceed with a PDA proposal which would
improve or upgrade infrastructure systems within a specifically defined
area in such a manner as is out of step with currently planned land
use changes and would thus impose undue pressures on adjoining or
intervening properties and/or infrastructure.
A.
Any developer proposing a PDA shall submit his/her proposal and request
for PDA treatment to the Board of Trustees, with a copy to the Planning
Board being served at the same time, in the form of a preliminary
proposal, which must include:
(1)
A sketch development plan showing existing and proposed land
uses, the approximate locations of proposed buildings and other improvements,
existing and/or proposed buffers, existing and proposed open spaces,
existing topographic characteristics, the approximate location of
current and proposed sidewalks, streets and easements, any property
proposed to be dedicated to the Village, and the existing land uses
immediately adjacent to the proposed PDA.
(2)
A written description and explanation of the character and purpose
of the proposed PDA, including the type and density of any residential
and nonresidential development proposed; estimated building sizes
and heights; estimated parking space requirements; proposed vehicular
ingress and egress locations; proposed water and sewage systems and
infrastructure; a general statement of proposed financing of the project;
an indication of the expected timetable and phasing for development;
the manner in which phasing of the development will be controlled
so that simultaneous development of different project elements will
be in reasonable proportion to one another; and the proposed amount
and type of performance guaranty and/or financial security to be provided
by the developer.
(3)
Preliminary information regarding environmental issues likely
to be addressed in the environmental review of the PDA, which environmental
review will be required for all PDA proposals, together with a preliminarily
prepared Part I of a Full Environmental Assessment Form in accordance
with the applicable provisions of the State Environmental Quality
Review Act under Article 8 of the Environmental Conservation Law and
the implementing regulations codified in § 617 of Title
6 of the New York Code of Rules and Regulations (SEQRA).
(4)
A written description of proposed permitted uses within the
PDA (and any related requirements therefor), proposed lot sizes, proposed
lot setbacks, proposed lot coverage restrictions and other proposed
dimensional and zoning district type regulations.
(5)
A written statement and explanation as to the differences between the proposed PDA and what would otherwise be permitted to be developed in the proposed PDA under the current provisions of Chapter 350, Zoning, of the Code of the Village of Dryden, and why the proposed PDA would be of benefit to the Village as a whole and is not inconsistent with the Comprehensive Plan.
B.
Upon receipt of a preliminary proposal for a proposed PDA, the Board
of Trustees shall review such proposal (jointly and/or in consultation
with the Planning Board if the Board of Trustees deems it appropriate
and/or necessary) to determine if it wishes to proceed further with
the consideration of the proposed PDA. If the Board of Trustees determines
that further consideration is appropriate, the proposed PDA shall
be referred by the Board of Trustees to the Planning Board for more
in-depth review and consideration and for the purpose of the Planning
Board providing the Board of Trustees with its input and possible
recommendations. Such in-depth review and consideration shall include
the Planning Board's authority to require submission of supplemental
information and materials by the developer to complete the preliminary
proposal.
Within 45 days after the Planning Board has determined at a duly held meeting that a complete preliminary proposal has been properly submitted together with a fee as required by the Village of Dryden Fee Schedule, the Planning Board shall hold a developer's conference with the developer to review the proposed PDA. The Village shall send written notice by mail to all owners of Village property contiguous to the boundaries of the property under consideration. Such notice shall state the nature of the proposed PDA and developer's conference, the time and place of the conference and such additional information as shall be deemed appropriate by the Planning Board. In addition thereto, the Village Planning Board shall publish a legal notice, provided that such developer's conference shall also serve as a public information session with respect to the proposed PDA, which notice shall likewise state the time and place of the conference and the same additional information as provided in the notice to the contiguous property owners. Such notice to the contiguous property owners shall be mailed no less than 10 days prior to the developer's conference, and publication of the Village Planning Board's legal notice shall likewise be published no less than 10 days prior to the developer's conference. If it is determined following the developer's conference and any additional review and deliberation undertaken by the Planning Board that the preliminary proposal seems to be in accordance with general planning objectives for the area and the intent and objectives of this Article XVII, the Planning Board and developer shall thereupon jointly consider the conditions and specifications under which the Planning Board might recommend further action by the Board of Trustees, which conditions and specifications shall be reduced to writing by the Planning Board.
A.
If after the developer's conference and the further deliberation
by the Planning Board agreement cannot be reached as to conditions
and specifications under which the Planning Board might recommend
further action by the Board of Trustees, the Planning Board shall,
within 30 days thereafter, recommend to the Board of Trustees that
no further action on the proposed PDA be taken. Such recommendation
shall include a summary of the Planning Board's findings with respect
to its determination.
B.
If, after the developer's conference, the further deliberation by
the Planning Board, and the establishment of conditions and specifications
under which the Planning Board might recommend further action by the
Board of Trustees, the developer wishes to proceed with the PDA proposal,
the developer shall submit to the Planning Board a written statement
of intent to comply with the conditions and specifications as established.
In such case, upon receipt and acceptance by the Planning Board (at
a duly held meeting) of the developer's written statement of intention,
the Planning Board shall, within 30 days thereafter, forward to the
Board of Trustees its recommendation.
(1)
To proceed further with consideration of the proposed PDA in
accordance with the developer's statement of intent; and
(2)
To consider such legislative/zoning action as the Board of Trustees
may deem appropriate to establish the proposed PDA. Such recommendation
shall include:
(b)
A statement of the conditions, specifications and requirements
upon which agreement has been reached with the developer and which
the developer will be obligated to abide by in developing the proposed
PDA.
(c)
The developer's statement of intent to comply with the required
conditions and requirements.
(d)
The amount and type of performance guaranty and/or financial
security which the Planning Board believes developer should be obligated
to provide.
(e)
Such other information and/or materials that the Planning Board
determines will be helpful to the Board of Trustees in its deliberations
as to the proposed PDA and whatever legislative/zoning action the
Board of Trustees may undertake, including, but not limited to, information
and/or materials relevant to the environmental review of the proposed
PDA.
A.
If, after it receives and reviews the recommendation(s) provided by the Planning Board in accordance with § 350-108 above, the Board of Trustees determines that it does not wish to continue with the consideration of the proposed PDA, the Board of Trustees shall have no obligation to take any further action with respect to the proposed PDA. If, after it receives and reviews the recommendation(s) provided by the Planning Board in accordance with § 350-108 above, the Board of Trustees determines that it does wish to continue the consideration of the proposed PDA and legislative/zoning action deemed appropriate and/or necessary to establish the proposed PDA, the Board of Trustees shall proceed as provided below.
B.
An environmental review will be required with respect to the consideration of any proposed PDA and any legislative/zoning action related thereto, such review to be taken i) in accordance with the applicable provisions of the State Environmental Quality Review Act sunder Article 8 of the Environmental Conservation Law and the implementing regulations codified in § 617 of Title 6 of the New York Code of Rules and Regulations (SEQRA); or ii) in the event that the proposed action is deemed for any reason to be exempt under SEQRA, in accordance with any other environmental review required under Chapter 350, Zoning, of the Code of the Village of Dryden, such review being for the purpose of determining whether the proposed action will have any significant adverse environmental impacts. Part 1 of a Full Environmental Assessment Form shall be submitted by the developer unless otherwise directed by the Board of Trustees. In the discretion of the Board of Trustees, a public hearing may be held with respect to the environmental review.
C.
Within 45 days after the required environmental review is completed,
the Board of Trustees shall hold a public hearing on the proposed
PDA. Such notice shall state the nature of the proposed PDA, the time
and place of the public hearing and such additional information as
shall be deemed appropriate by the Board of Trustees. Such notice
shall be published at least 10 days prior to the scheduled hearing.
The Village shall also send written notice of such public hearing
to all owners of Village property contiguous to the boundaries of
the property under consideration. Such notice shall be mailed no less
than 10 days prior to the scheduled public hearing. In addition thereto,
the Board of Trustees shall, prior to the scheduled public hearing,
refer the proposed PDA to the Tompkins County Planning Department
and any other required parties in accordance with §§ 239-l,
239-m and 239-n and 239-nn of Article 12-B of the General Municipal
Law.
D.
Within 45 days after such public hearing the Board of Trustees shall
either i) conditionally authorize the developer to prepare a final
development plan as provided below, or ii) determine that it does
not wish to proceed further with respect to the proposed PDA and any
legislative/zoning to establish the proposed PDA. Conditional authorization
shall be for a period of one year and shall be subject to acceptance
of the final PDA development plan by the Board of Trustees. When conditional
authorization is granted.
E.
Notwithstanding anything to the contrary in this Article XVII, and because the authorization of a PDA is deemed to be a legislative/zoning action:
(1)
The determinations of the Board of Trustees hereunder as to
whether or not such action should be taken are entirely discretionary;
(2)
Like all other legislative/zoning actions, the Board of Trustees
has no legal or other obligations to grant authority for a proposed
PDA; and
(3)
At any time prior to the final development plan of a proposed
PDA being accepted, the Board of Trustees can determine that it does
not wish to continue in its consideration of a proposed PDA.
Upon receiving conditional authorization by the Board of Trustees,
the developer shall prepare a final development plan for submission
to the Planning Board.
A.
The final development plan must include:
(1)
Drawings showing the final location of any streets and plot
lines, the location of all buildings and land use areas to be conveyed,
dedicated or reserved for parks or open space, a clear indication
of the appearance of proposed structures and the materials to be used,
and a landscaping and tree planting plan.
(2)
A written description of the permitted uses within the PDA (and
any related requirements therefor), proposed lot sizes, proposed lot
setbacks, proposed lot coverage restrictions and other proposed dimensional
and zoning district type regulations.
(3)
Written statements including any staging of construction being
considered and a timetable for beginning and completing construction
of each phase of the PDA; the staging plan shall be designed to ensure
that:
(4)
A surety bond, letter of credit, escrow account, other form
of financial security or some combination thereof, sufficient to assure
the Village of Dryden that the financial obligation of the developer
in proceeding with the project are sufficient. The sufficiency of
the financial security shall be determined solely by the Board of
Trustees upon recommendation of the Planning Board.
(5)
Any additional drawings, plans, statements, information and
other documents which may be required by the Planning Board in making
its review.
(6)
A restatement of any and all conditions and covenants which
the developer will abide by in developing the proposed PDA, and an
acknowledgment and agreement to comply with all such conditions and
covenants.
B.
The final development plan shall be accompanied by a fee as set forth
in the Village of Dryden Fee Schedule.
C.
A written recommendation concerning the final development plan shall be filed by the Planning Board with the Village Clerk, the Village Zoning Officer and the Board of Trustees. Upon its review of the Planning Board recommendation and the final development plan, and upon its confirmation that i) all conditions and covenants imposed have been fully and properly agreed upon, and ii) the final development plan is consistent with the conditionally authorized final plan, the Board of Trustees may grant its final authorization of the final development plan. Thereupon, i) the notations and additions to Chapter 350, Zoning, of the Code of the Village of Dryden and the Zoning Map as to the prior conditional authorization (as provided for in § 350-109D above) shall be revised to reflect final authorization of the PDA, and ii) the Zoning Officer and any other involved federal, state and local agencies shall be authorized to proceed as necessary with the review and issuance, if approved, of any and all required permits, consents and other authorizations for the developer to proceed with the final development plan.
D.
If a final development plan has not been submitted as required to
the Planning Board within one year from the date of the conditional
authorization by the Board of Trustees, the Planning Board may recommend
to the Board of Trustees that conditional authorization be withdrawn
or, with good cause, extended for an additional year.
E.
If conditional authorization of the PDA is withdrawn by action of the Board of Trustees or the Board of Trustees does not authorize the final development plan, the notations and additions to Chapter 350, Zoning, of the Code of the Village of Dryden and the Zoning Map as to the prior conditional authorization (as provided for in § 350-109D above) shall be removed and the land use regulations applicable to the area prior to the conditional authorization of the PDA shall apply.
The PDA shall be subject to annual review by the Planning Board
and action by the Board of Trustees as to the level of progress made
toward completion of the project in accordance with the final development
plan or an authorized modification of said final development plan.
After Board of Trustees' authorization for a final development
plan for a PDA, minor changes, extensions or alterations in said development
may be made only after they have been reviewed by the Planning Board
and further authorized by the Board of Trustees. Major changes such
as increased density or reduction of open space are subject to the
same review and authorization procedure as applied to the original
PDA proposal.
Upon completion of the PDA, or any stage of it authorized by the Planning Board, the Zoning Officer may issue a certificate of compliance in accordance with Chapter 350, Zoning, of the Code of the Village of Dryden and/or such other certification as to confirm the completion of the work involved.
All sections of a subdivided PDA are to be controlled by the final development plan. The provisions of this Article XVII governing changes in the final development plan will apply even though subdivision has occurred. The owners or lessees of any portion of a subdivided PDA may jointly or separately make application under this Article XVII for an amendment to the final development plan.
If part of a PDA proposal involves the subdivision of land into smaller parcels for sale or lease to individual owners, the PDA review required by this Article XVII suffices for Planning Board review under the Village subdivision regulations. In such cases, the developer shall prepare a subdivision plat suitable for filing with the Tompkins County Clerk in addition to the required PDA drawings. Final development plan authorization under this Article XVII constitutes final plat approval under Chapter 287, Subdivision of Land, and the plat shall be filed with the County Clerk in the manner prescribed by said Chapter 287, Subdivision of Land.
In addition to the fees payable as provided above, the developer
shall also be responsible for payment of the following:
B.
If a subdivision of land is involved, additional fees calculated in the same manner as provided by the Village of Dryden Fee Schedule, and all escrow requirements related thereto; provided, however, that any duplication of such additional fees under the foregoing sections and sections of Chapter 350, Zoning, of the Code of the Village of Dryden and Chapter 287, Subdivision of Land may be adjusted and/or eliminated by the Zoning Officer.
