Town of Cato, NY Article IX Planned Development Districts (PDD)

§ 114-38 Intent.

A. The Planned Development District (PDD) is a zoning tool and process under which a unique set of permitted uses with specific site design and development requirements may be established within a portion of the Town of Cato through review and approval by the Town Board, after review and recommendation by the Planning Board. Once established, the Planned Development District (PDD) shall be added to the Zoning Map.

§ 114-39 Purpose.

A. In Planned Development Districts, land and buildings may be used for any lawful purpose as authorized by the Town Board in accordance with procedures herein established. The Planned Development District (PDD) is designed to provide flexible land use and design regulations through the use of performance criteria so as to encourage maximum efficiency in development in a manner compatible with existing land uses and environmental constraints. Where deemed appropriate to achieving these objectives, the Town Board may replace the use and dimensional specifications elsewhere stated in this chapter with those set forth as part of a particular plan reviewed according to the terms of the PDD approval process, and the approved plan shall become the basis of control for development of the PDD.

§ 114-40 Objectives.

A. In order to achieve the purpose of this chapter, a Planned Development District (PDD) shall achieve the following minimal objectives. These minimal objectives shall be addressed by the applicant for a Planned Development District (PDD) as part of the proposal submitted for approval:

(1) Work as a concentrated whole unit, being self-contained and not conducive to expansion outside its boundaries at a future date, unless such expansion when added to the original PDD can act with it to create a larger self-contained unit.

(2) Provide open space and/or buffer areas between the PDD and adjacent uses.

(3) Preserve trees, outstanding natural topography and geologic features and prevent soil erosion.

(4) Propose a creative use of land and related physical development so as to allow an orderly transition of land from rural to nonrural use.

(5) Present an efficient plan minimizing utility and street networks, thereby limiting costs of construction to the developer and costs of maintenance to future residents and/or the Town.

(6) Place any commercial or service areas within a residential PDD in a convenient location.

(7) Provide a development pattern in harmony with the objectives of the Town of Ira and Cato Joint Community Comprehensive Plan and Cayuga County land use plans.

(8) Provide a more desirable environment for living and working than would be possible through strict application of other articles of this chapter.

§ 114-41 General requirements.

A. The applicant for a PDD shall demonstrate as part of the proposal submitted for approval that the following minimum requirements have been met:

(1) Minimum area for a PDD shall be at least five acres on one or more parcels of contiguous land.

(2) Ownership of the land proposed as a PDD shall be clearly established. The tract of land for the project shall be owned or under a lease or option to purchase by the applicant who may be a single person, corporation, or a group of individuals or corporations. An application shall be filed by the owner or jointly by the owners of all property included in a project and the approved plan shall be binding on all owners.

(3) Location of the PDD shall be in an area of the Town where the applicant can demonstrate that the character of the land meets the terms of this chapter. A proposed location for a PDD must have demonstrated compatibility with the surrounding land uses, neighborhood character, and existing traffic pattern with regard to vehicular and trip capacity, volume and adequate level of service.

(4) Permitted uses. Proposed uses shall demonstrate compliance with the terms of this chapter. The use of land and buildings in a PDD may be for any lawful purpose as authorized by the Town Board in accordance with the procedures of this article; the following general uses, or combinations thereof, may be considered:

(a) Residential uses. The design and development of residential housing units may be in a variety of housing types and forms in a proposed PDD. In developing a balanced community, the use of a variety of housing types and densities within the proposed PDD shall not be required, but shall be deemed most in keeping with the objectives of this article.

(b) Commercial, service and other nonresidential uses in a primarily residential PDD: These uses may be permitted (or required) where such uses are scaled primarily to serve the residents of the residential PDD. Consideration shall be given to the project, as it exists in its larger setting, in determining the appropriateness of such uses. In no case shall more than 25% of the gross site area under the Residential PDD be permitted for commercial uses, services or nonresidential uses other than open space and nonprofit recreation.

(c) Commercial uses. If designed and organized toward the purpose and objectives of this article, a PDD with commercial uses as the primary land use may be approved.

(d) Manufacturing or industrial uses. If designed and organized toward the purposes and objectives of this article, a PDD with manufacturing or industrial uses as the primary land use may be approved. Manufacturing or industrial uses shall not be permitted in combinations with any residential uses.

(e) Outdoor recreation uses. If designed and organized toward the purposes and objectives of this article, a PDD with recreational uses as the primary land use may be approved.

(f) Campgrounds. Campgrounds may only be permitted as a PDD in accordance with the provisions of Article IX. Additional requirements that shall be met include but are not limited to:

[1] Permits. No public camping grounds, tent camping grounds, picnic area or boat marina facility may be constructed, operated or maintained in the Town of Cato without approval of the Cayuga County Board of Health and a construction permit by the Town of Cato Code Enforcement Officer.

[2] Area.

[a] No public campground, picnic area or boat marina facility within the Town of Cato shall be less than 90,000 square feet. All public campgrounds, picnic areas and boat marina facilities fronting on a lake, pond or river within the Town of Cato shall be above the high-water line of any such lake, pond or river. The minimum width and length shall be 250 feet and 360 feet respectively.

[b] The minimum campground unit area assigned space shall be 30 feet wide and 50 feet long (1,500 square feet), clearly defined on the ground by stakes, posts or other markers. The Minimum roadway on which each individual campsite shall front shall be 20 feet in width with a minimum surface of 17 feet in width of a durable road for two-way traffic. For one-way traffic, the width shall be 15 feet and 12 feet of a durable surface. Such one-way roads shall be clearly marked as such and shall indicate the direction of travel. Such roadways shall have unobstructed access to a public street or highway. Roadways shall be capable of supporting Town of Cato Fire Department equipment.

[c] Tents may utilize land between the high-water line and the shore of water.

[d] Picnic grounds and boat marinas shall be provided with an access lane as described in Subsection A(4)(f)[2][b].

[e] No recreational vehicles, trailers, tents or picnic tables may be located closer than 25 feet to adjoining property boundary lines, nor shall any boat be stored on any marina within 25 feet of adjoining property boundary lines.

[3] Sanitary facilities.

[a] The sanitary regulations of Cayuga County and the State Board of Health shall be complied with as to plumbing fixtures, sewage facilities and drinking water.

[b] Public picnic grounds and boat marinas shall be provided with lavatory and toilet facilities so outlined in Subsection A(4)(f)[3][a].

[c] Cleanliness shall be maintained at all times.

[d] Provisions acceptable to the Cayuga County Board of Health shall be made for the handling and removal of all garbage, trash or refuse from any camp or picnic ground daily. Disposition shall be made in conformity with the sanitary regulations of the Town of Cato and Cayuga County. Garbage and trash containers for the use of campers and picnickers shall be placed not farther than 150 feet apart.

[4] Safety.

[a] All entrances, exits and roadways between rows of recreational vehicle and/or tents used or occupied shall be lighted during hours of darkness.

[b] Electric outlets provided for recreational vehicle or tent plug- in shall be wired in accordance with the New York State and Cayuga County Electrical Codes.

[c] Gasoline or oil storage tanks shall comply with New York State and Cayuga County regulations.

[d] No business shall be conducted from any recreational vehicle, tent or assigned space on the campground.

[e] A children's playground shall be maintained and equipped and its minimum size shall be 80 feet square or equivalent.

[5] Procedure to secure public facility permit. The developer shall make an application to the Planning Board for approval of the plan and all include the following information, as applicable.

[a] A letter of application with the name of the development.

[b] Eight copies of the plan drawing.

[c] Eight copies of the vicinity map.

[d] Estimated annual water consumption.

[e] Any other data necessary to the Planning Board.

[f] Application procedure.

[6] The Planning Board shall transmit a copy of the plan and vicinity map to the following officials and agencies for their review and recommendations:

[a] Cayuga County Health Department.

[b] Town Board of the Town of Cato.

[c] Town Code Enforcement Officer or the Town Zoning Board of Appeals, as applicable.

[d] Department of environmental conservation.

[7] The Planning Board shall, within 15 days of submission of the aforementioned plan, forward pertinent information to interested officials for review and approval or recommendations.

[8] The Planning Board shall, within 45 days after approval of the plan by the aforementioned officials and agencies, approve or approve conditionally, stating the conditions of such approval, or disapprove the plan.

[9] The action shall be noted on the plan, and one copy shall be returned to the developer; one copy shall be entered in the official records of the Town Board; and one copy shall be filed with the Planning Board records.

[10] This section shall apply to all existing public facilities beginning on the effective date with the following exceptions:

[a] Subsection A(4)(f)[2] shall not apply to present facilities.

[b] Expansions of picnic grounds, boat marinas and recreational vehicle and tent assigned spaces on an existing campground made after May 1, 1969, shall be in conformance with this section. Modifications or additions to any public campground, picnic ground or boat marina in existence prior to the effective date of this section may not be initiated prior to application for a permit and approval by the Town of Cato Planning Board.

[c] All existing campgrounds shall comply with Subsection A(4)(f)[3] within one year after the effective date of this statement.

(5) Common property in a PDD 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, such as a recreational area for the common benefit of all residents of an apartment complex. Where common property is proposed, the ultimate ownership and maintenance responsibility for such common property shall be clearly stated and proper arrangements shall be made to ensure continuing satisfactory adherence to said arrangements; such common property may include but is not limited to streets, drives, service and parking areas, stormwater management areas, open space and recreational areas.

(6) When a PDD proposal is subject to the Subdivision Regulations of the Town of Cato,[1] the Town shall incorporate the reviews required by the Subdivision Regulations into the review of the PDD. The applicant shall comply with the Subdivision Regulations to the extent practicable, and where impracticable, as determined by the Town Board, the PDD will take precedence.

[1] Editor's Note: See Ch. 98, Subdivision of Land.

(7) Intensity of development is based upon environmental constraints. A greater intensity than allowed under other sections of this chapter may be permitted in a PDD when the applicant can demonstrate that improved overall environmental quality can be achieved by the greater intensity than by adherence to other requirements of this chapter. Standards for ascertaining environmental quality shall include but not necessarily be limited to those set forth in Subsection B of this section.

B. Environmental constraints.

(1) The uses and design of a PDD shall be subject to environmental constraints. The applicant shall address environmental concerns as part of the proposal submitted for approval of the PDD. The following list shall be considered as illustrative of concerns. The circumstances unique to a particular proposal may make it necessary for the Town Board or the Planning Board to require additional information. When the PDD is subject to the State Environmental Quality Review Act, materials prepared to comply with SEQRA will be relied upon for this review whenever practical.

(2) The applicant shall demonstrate that the proposed PDD will not be made impractical by the following environmental elements and, furthermore, that the proposed PDD will not result in the deterioration of the following environmental elements:

(a) Physical character of the site, including the slope of the site, depth to water table, unique or unusual land forms, depth to bedrock, flooding potential, presence of wetlands, presence of surface water, drainage patterns, character of adjacent land and impacts on adjacent land and any other such matters as deemed appropriate.

(b) Effect on resources, including plants and wildlife, historic resources, visual settings, air quality, water quality, open-space and recreational facilities, mineral resources and any other such matters as deemed appropriate.

(c) Socioeconomic factors, including the effect of the proposed transportation patterns and requirements, unique energy requirements or proposals and noise; health, including drinking water and sanitary disposal facilities; community growth patterns, including impacts on schools and other municipal facilities, and any other such matters as deemed appropriate.

§ 114-42 Application procedure.

The applicant for a PDD shall adhere to the following procedure in seeking approval of the PDD from the Town:

A. For full approval of a proposed PDD, the applicant shall secure a zoning district change for their property from its present district to a Planned Development District, which process shall be that of amending this chapter and the Zoning Map[1] to include the proposed PDD plan and all the related specifications and use and dimensional regulations specific thereto.

[1] Editor's Note: The Zoning Map is included as an attachment to this chapter.

B. After the zoning district change, it shall be required that the subdivision and platting of all lands in the proposed PDD be subject to Article VIII of this chapter.

C. When any PDD is proposed, before any permit for erection of a permanent building in such PDD shall be granted and before any subdivision plat or any part thereof may be filed in the Cayuga County Clerk's office, the applicant or their authorized agent shall apply for and secure approval of such PDD in accordance with the following specific procedures:

(1) Application for a PDD shall be made to the Town Board. The Town Board shall refer the application to the Town Planning Board for consideration.

(2) Planning Board consideration shall generally be in three stages: the preliminary proposal review, the application for PDD and the final proposal approval.

(a) The preliminary proposal review is intended to permit initial review and evaluation of the application, to discuss with the applicant the scope of information required to conduct a detailed review and to secure a general consensus about the concept being proposed. This stage should be considered an initial contact, and the applicant should only be required to supply preliminary sketch plans, diagrams and written statements designed to clarify and explain the proposal. No approval at this stage shall be considered binding.

(b) Application for PDD: A complete application (see § 114-43 for required application components) for the establishment of a PDD shall be made to the Town Board in plan (drawn to scale) and written report form. Prior to Town Board action, to ensure that the proposed PDD is within the intent of the comprehensive planning activities of the Town, the Town Board shall immediately after receiving the complete application refer it, for the purpose of review and recommendations, to the Town Planning Board which shall have 30 days from its next regularly scheduled meeting within which to report. At this stage, the applicant should provide such detailed information as may be required by the Planning Board to enable the Board to evaluate the proposal and to suggest revisions which may be necessary prior to final approval. This stage should be considered as the working session between the applicant and the Planning Board, and the applicant should provide detailed drawings and environmental data so that a consensus can be reached regarding the impacts of the proposal on the community and suggestions made to mitigate undesirable impacts. As deemed appropriate, either the Town Board or the Town Planning Board may submit the PDD application to the Cayuga County Planning Board for an informal review. As applicable in accordance with §§ 239-l and 239-m of Article 12-B of the New York State General Municipal Law, the Town Board shall refer the PDD application for formal review and recommendations to the Cayuga County Planning Board which shall have 30 days or an agreed-upon longer period from its next regularly scheduled meeting within which to submit its report. If either planning board does not report to the Town Board within the specified time period, their inaction shall be construed as them having no recommendations.

(c) The final proposal approval is intended as the last stage of Planning Board consideration. At this stage, the Board should be provided with the final site plan developed by the applicant, completely describing the proposal as it will be developed. This stage will provide a final opportunity for the Planning Board to discuss the proposal and to evaluate any changes resulting from the previous stages. At this stage, the Planning Board shall make a recommendation to the Town Board concerning the proposal, and the Planning Board may recommend approval, approval with modification or denial of the proposal.

§ 114-43 Required PDD application components.

A. In order for the Town Board to adequately evaluate the PDD proposal, the application (in its plan and written report form) shall address the following areas, and the information shall be furnished therein in a reasonably complete manner:

(1) Project particulars: Shall include the name and location of the project, name(s) and address(es) of the owner(s), a legal description of the property, and the names of owners of abutting properties.

(2) Type of development: The type of development shall be fully described, including at least the following information:

(a) Residential: Total acreage of residential area and each residential portion of the development; total number of dwelling units and number in each residential portion; percentage and numbers of dwelling units by type (single-family, garden apartment, townhomes, etc.); dwelling unit density per gross site acreage; estimated population of the development and estimated number of school-age children over the first five years of full occupancy.

(b) Commercial: Total acreage of commercial area; gross floor area (in square feet) available for lease or occupancy; general description of commercial types and their general requirements for receiving and delivering goods.

(c) Manufacturing: The total acreage of industrial area; types of industry and industrial process involved; source, type, general quantities and method of shipment for raw materials; general quantities and method of shipment for products; types of wastes and residuals.

(d) Outdoor recreation: The total acreage of recreational area and each portion of the development (campground, boat marina, picnic grounds, parking, facilities, etc.); Number of campsites and estimated capacity of the campgrounds.

(3) Staging of development: Description on plan and in written report of the planned staging of the project (and such staging may be required.)

(4) Description of natural site characteristics: A description of the natural site shall be included with at least the following information: soil characteristics and limitations; extent of and treatment intended for the site's vegetative cover (especially trees); topographical features (on topographic contour map); existing and proposed site drainage (on topographic map); foreseeable needs of the site for construction precautions; existing conditions of and the projected effects upon the ground and surface waters of the site and community; possible air pollution hazards.

(5) Site planning and design considerations: Descriptions and illustrations of the following: site ingress and egress; parking; on-site pedestrian and vehicular circulation patterns; general landscaping treatment; general location and arrangement of buildings and other structures; locations of all facilities; and general visual description.

(6) Dimensional requirements: A clear establishment of minimum front, back, and side setbacks, minimum lot size, minimum lot width, maximum lot coverage, and maximum built height for the specific PDD.

(7) Transportation and traffic: Descriptions of at least the following: existing streets serving the area; the level of service provided by existing streets in terms of traffic count and street traffic capacities; expected modifications for existing street systems required by project; estimated daily automobile trips generated by the residential and/or other uses; availability of public transportation to site; design considerations for deterring on-site and area traffic congestion.

(8) General market information: Describe the need for the proposed land uses in their proposed locations and their proposed quantities; and the intended market structures for the residential units (prices and rents, describe whether low-income, middle income, luxury, etc.).

(9) Projected fiscal impacts on Town: Calculations of projected Town revenues and costs to be expected by the Town as a result of the proposed development.

(10) Utilities and related services: Describe the following and detail their intended locations on the plan(s); the method and projected quantities of wastewater (sewage) from the development; demand and source of supply for water; level of service needed and available for fire protection; demands for and availability of gas and electricity; projected quantities of and method of disposal for solid wastes.

(11) General effects of development on neighborhood and community appearance and land use: Description of effects on the appearance and relationship of project to predominant character and land use in area (compatibility).

(12) Relationship of proposed PDD to official Town and County development policies: Information on how the proposed PDD relates to local and area-wide goals and policies as stated in plans and regulations, including the Town of Ira and Cato Joint Community Comprehensive Plan.

(13) Development, operation and maintenance of open space and common properties: A general statement concerning the responsibility for these and proposed methods for their implementation.

(14) Developer competence: Evidence in the applicant's behalf to demonstrate his competence to carry out the plan and his awareness of the scope of the project, physical and financial.

(15) Other: Any other such information as the Town Board deems to be reasonably pertinent to the adequate consideration and evaluation of the proposed project.

§ 114-44 Approval of PDD by Town Board.

A. Public hearing. Within 45 days after receiving a report from the Town Planning Board, the Town Board shall schedule and conduct a public hearing for the purpose of considering the change in zoning district to PDD for the applicant's plan in accordance with the procedures required under § 265 of the New York State Town Law.

B. Town Board action. Within 45 days after a public hearing, the Town Board shall render its decision on the PDD application. If the Town Board grants the PDD zoning, the Zoning Map shall be so notated, and this chapter shall be amended in order to define the legal boundaries of the PDD, but such action shall have the effect only of granting permission for development of the specific proposed land uses in accordance with the use and dimensional specifications, plans and related materials filed with the Town Board and related to the specific PDD; such specification, plans and related materials to include, if deemed necessary by the Town Board to protect the public health, safety and welfare of the Town, any conditions and requirements for the applicant to meet. The approved plan and the related attachments shall be deemed an amendment to this chapter and shall serve as continuing land use controls for the specific Planned Development District. Town Board action shall adhere to the procedures for amending ordinances as set forth by § 114-94 with the following variations:

(1) The recommendation of the Planning Board shall constitute the Planning Board review required by § 114-94.

(2) A negative recommendation by the Planning Board will require a majority plus one vote of approval by the Town Board.

(3) The publishing of the notice required by § 114-94 shall constitute acceptance by the Town Board that the material provided by the applicant is sufficient to comply with the State Environmental Quality Review Act and procedures required by that Act shall be undertaken concurrently with the procedures of § 114-94.

C. Review of PDD during development stages. The Town Board may review the PDD during the development stages in order to determine the amount and quality of the progress made by the developer toward fulfilling the specifications and plans and any attached conditions. If such a review is determined necessary by the Town Board, a schedule for review shall be created by the Town Board. The review shall require an inspection with the Code Enforcement Officer. When the PDD is due for an inspection, it shall be the responsibility of the developer to initiate the inspection with the Code Enforcement Officer. Based upon the progress made by the developer, the Town Board may reconsider the PDD and further amend this chapter in relation to it if progress is not to the satisfaction of the Town Board or not in keeping with the staging approved by the Town Board.

§ 114-45 Amendments.

A. Existing PDDs may be amended to add or adjust allowed uses, building densities, lot dimensional requirements, or other regulations, following the procedure for PDD application and approval established in Article IX of this chapter. The proposed amendment shall be subject to the provisions established in § 114-41, § 114-42, § 114-43 and § 114-44.

§ 114-46 Abandonment and revocation of PDDs.

A. If the use(s) of an approved PDD are discontinued for a period of 18 consecutive months or more, as documented by the Code Enforcement Officer, then the Town Board may revoke said PDD and re-zone the parcel(s) in question to the appropriate Zoning District listed in § 114-3. The revocation of a PDD and subsequent re-zoning by the Town Board shall occur in the same manner as the procedure for amending the Zoning Ordinance, as explained in § 114-94 with the Town Board providing proper notification of and holding a public hearing prior to taking action.