A.
The purpose of the planned development district classification
is to provide for the rezoning of land to residential, commercial
and industrial development zones either jointly or separately in conformance
with provisions and standards which ensure compatibility among all
the land uses, foster flexibility and innovation in site planning
and development and encourage sound design practices.
(1)
Provision is included for planned development districts
(PDD) to permit establishment of areas in which diverse uses may be
brought together in a compatible and unified plan of development which
shall be in the interest of the general welfare of the public. In
planned development districts, land and structures may be constructed
and used for any lawful purpose in accordance with the provisions
set forth herein.
B.
In order to realize the purpose of this section, a
PDD shall achieve the following objectives:
(1)
A choice in housing environment and type, occupancy,
tenure (e.g., cooperatives, individual ownership, condominium, leasing),
lot sizes, common facilities and handicapped accessibility.
(2)
More usable open space and recreation areas and, if
permitted as part of a project, more convenient locations of accessory
commercial and service uses.
(3)
A development pattern which preserves outstanding
natural topography and geological features, scenic vistas, trees and
historical sites and prevents the disruption of natural drainage patterns.
(4)
An efficient use of land resulting in small networks
of utilities and streets.
(5)
A development pattern that preserves the rural character
of the Town, is consistent with the land use density, is in harmony
with the surrounding neighborhood, and meets the objectives of the
Town of Halfmoon Comprehensive Plan and the Town of Halfmoon Zoning
Ordinance.
The procedure for obtaining a change in zone
for undertaking development within a planned development district
shall be as follows:
A.
The owner (or agent thereof, hereinafter referred to as "owner") of the land shall apply in writing and shall submit four copies of a preliminary development plan to the Town Board as described in § 165-55 and one copy to the Planning Department. The Town Board may refer the application to the Town Planning Board within 60 days of receipt of a completed application. The Town Board shall refer any application for a planned development district that is not denied by action of the Town Board within 60 days of receipt of a completed application.
[Amended 7-16-2014 by L.L. No. 3-2014]
B.
The Planning Board shall discuss the proposed application
and shall review the preliminary development plan with the owner.
The Planning Board shall prepare recommendations with regard to the
preliminary development plan and, if applicable, the proposed change
of zone.
C.
The Planning Board shall send a copy of its recommendations
to the owner indicating its approval in principle or its disapproval.
If the preliminary development plan is approved in principle, the
Planning Board shall state any specific changes it may require.
D.
The owner shall submit four copies of an application for change of zone and four copies of a revised preliminary development plan to the Planning Board as described in § 165-55 below.
E.
The Planning Board shall discuss the preliminary development plan with the owner. The Planning Board will submit its findings to the Town Board as required in § 165-57 within 62 days of receipt of a complete application. A complete application shall mean the completion of all necessary SEQRA documentation to file a negative declaration or statement of findings application. Failure to act within 62 days of receipt of the application will constitute a "no recommendation" opinion by the Planning Board.
F.
After receipt of the Planning Board's recommendations,
public notice shall be given and a public hearing held by the Town
Board on the proposed change of zone subject to the specifications
of the preliminary development plan.
G.
After the public hearing and determination by the
Town Board, if the Board approves the application the Zoning Map may
be amended so as to define the boundaries of the planned development
district, but such action shall have the effect only of granting permission
for development of the approved preliminary development plan proposal
in accordance with the provisions of this article and this chapter.
If the zone change and preliminary development plan is approved by
the Town Board, an appropriate notation to that effect will be made
on the face of four copies of the preliminary development plan. One
copy will be retained by the Town Clerk, one copy will be given to
the Planning Board, one copy will be returned to the owner, and one
copy will be given to the Enforcement Officer. In the event that the
Town Board requires modifications in the preliminary development plan,
the resolution granting the change of zone shall indicate such modification.
In the event the Town Board denies the application, the Clerk shall
forward said reasons for denial to the applicant.
H.
Prior to the issuance of a building permit for any phase of the preliminary development plan, approval shall be obtained as described in § 165-56 and Subsection I below. The Planning Board shall note approval on four copies of the development plan and distribute them in the manner described in Subsection G above.
I.
In accordance with § 277 of the Town Law,
the developer shall post a performance bond or other guarantee of
financial capability which is acceptable to the Town Board, in the
amount of an engineer's estimate for items in numbers B, C and E of
the development plan,[1] by phase, including all utility installations and infrastructure
improvements both on and off site as approved by the Town Engineer.
J.
The resolution by the Town Board amending the Zoning
Map for the planned development district shall specify the time period
for commencement and/or completion of the development and shall indicate
that the appropriate action will be taken to revert the zoning of
the subject property to its previous zoning if the conditions are
not met.
A.
The owner shall submit an application for a change
of zone, with a preliminary development plan which shall include the
following:
(1)
Survey of the property, showing existing features
of the property, including contours, buildings, structures, trees
over four inches in trunk diameter, streams, wetlands, streets, utility
easements, rights-of-way and adjacent land use.
(2)
Proposed site plan, showing building locations, occupancy
and land use areas, including any subdivision intended within the
district.
(3)
Proposed traffic circulation, parking areas, pedestrian
walks and landscaping.
(4)
Proposed construction sequence for buildings, parking
spaces and landscaped areas.
(5)
Proposed public utilities plan including water supply
sewerage and storm drainage.
(6)
Long environmental assessment form or draft environmental
impact statement, as required by the Town Board.
A.
The owner shall submit a development plan to the Planning
Board for review, prior to the issuance of a building permit. Plans
and specifications shall bear the signature of the person responsible
for the design and drawings and, where required by § 7302,
as amended, of Article 147 of the Education Law of the State of New
York, the seal of a licensed architect or licensed professional engineer.
(1)
Site plan showing proposed building locations and
land use areas.
(2)
Traffic circulation, required parking and loading
areas and pedestrian walls.
(3)
Landscaping plan, including site grading and landscape
plantings and structures.
(4)
Preliminary drawings of buildings to be constructed
in the current phase, including floor plans, exterior elevations and
sections.
(5)
Final engineering plans, including street improvements,
drainage system, and public utility extension. All such improvements
shall comply with construction standards outlined in Town of Halfmoon
Standard Specifications for Street Improvements, Town of Halfmoon
Subdivision Regulations, Town of Halfmoon Water Standards and be approved
by the New York State Department of Health.[1]
(6)
Engineering feasibility studies for the solution of
any anticipated problems which might arise due to the proposed development,
as required by the Planning Board.
(7)
Construction sequence and time schedule for completion
of each phase for buildings, parking spaces, landscaped areas, stormwater
management areas and off-site improvements, if applicable.
B.
This final development plan shall be in general conformance
with the approved preliminary development plan. Such approval shall
be secured by the owner for each phase of the development. Such approval
for each phase, shall be valid for a term approved by the Town Board,
at which time, unless the proposed development has been completed
or the completion date is extended by resolution of the Town Board,
the development plan approval shall terminate and no additional building
permits shall be issued. If two or more lots (with separate deeds)
are provided in the planned development district, a subdivision plan
must be approved in accordance with the subdivision regulations of
the Town. All lots shall have frontage on an accepted Town, county,
or state road.
A.
The Planning Board, after determining that the requirements
of the Zoning Ordinance dealing with planned development districts
have been met, shall recommend the approval, approval with modifications,
or disapproval of the preliminary development plan to the Town Board.
The Planning Board shall enter its reasons for such action in its
records and transmit its findings by resolution to the Town Board.
The Planning Board may recommend the establishment of a planned development
district, provided that they find the facts submitted with the development
plan establish that:
(1)
The uses proposed will not be detrimental to present
and potential surrounding uses.
(2)
Land surrounding the proposed development can be developed
in coordination with the proposed development and be compatible in
use.
(3)
The proposed change to a planned development district
is in conformance with the general intent of the Comprehensive Plan
of the Town.
(4)
Existing and proposed streets are suitable and adequate
to carry anticipated traffic within the proposed district and in the
vicinity of the proposed district.
(5)
Existing and proposed utility services are adequate
for the proposed development.
(6)
Each phase of the proposed development, as it is proposed
to be completed, contains the required parking spaces, landscape and
utility areas necessary for creating and sustaining a desirable and
stable environment.
The standards for planned development districts
are to provide the Planning Board with a means to evaluate applications
for these districts consistent with the provisions and general intent
of the Zoning Ordinance and the Comprehensive Plan of the Town.
A.
Minimum project area. The minimum project area for
a planned development district shall be 10 contiguous acres of land.
The Town Board, following a favorable report from the Planning Board,
may consider projects of lesser acreage where the applicant can demonstrate
that the characteristics of his holdings or the intended land use
meet the purpose of this article.
B.
Project ownership. The project land may be owned,
used or controlled either by an individual, partnership or corporation
or by a group of individuals or corporations. Such ownership may be
a public or private corporation. The Town Board shall be notified
within three business days of any changes in project ownership. The
approved project shall be binding on the project land, owner(s) and
successors.
C.
The applicant must demonstrate that public and/or
private utilities and services can accommodate the proposed PDD. The
PDD shall be served by adequate facilities including streets, fire
protection, water, stormwater control and sanitary sewer.
E.
Density: The allowable density as outlined in the
sections below shall be based on buildable land. PDD applications
that include housing units in other than residential zones shall adhere
to the regulations of the residential zone closest to the site for
which the application is being made. Land that meets the following
criteria will not be included in the calculation of buildable land:
(1)
Freshwater wetlands as regulated pursuant to federal
and/or New York State Department of Environmental Conservation regulations
for designated wetlands.
(2)
Water sources classified pursuant to the New York
State Department of Environmental Conservation Stream Classification
System.
(3)
Critical environmental areas as designated by the
New York State Department of Environmental Conservation.
(4)
Slopes in excess of 15%.
(5)
Other areas of environmental or scenic significance
as may be identified by the Planning Board, Town Board or the Town
of Halfmoon Comprehensive Plan.
(a)
PDDs that meet unique criteria may be granted
an increase in density. Examples of unique criteria shall be as follows:
[1]
Providing housing opportunities pursuant to
low- and moderate-income programs under federal or state guidelines.
[2]
The inclusion of Town-wide public recreational
facilities and/or other community facilities deemed appropriate by
the Town.
[3]
The provision of open space above the requirements
outlined in this article especially if the open space is creatively
connected with existing open space.
(b)
Planned development districts that are designed exclusively to provide housing and auxiliary services for senior citizens, as defined by federal and state regulations, and meet the following criteria may also be granted a higher density beyond those listed in § 165-60. Examples of criteria shall be as follows:
[1]
The minimum size of a dwelling unit shall be
600 square feet.
[2]
No more than two bedrooms per dwelling unit.
[3]
Availability of appropriate on-site services,
such as personal service, health service, and other services specifically
oriented to serve a retirement community.
[4]
Provides recreational or community facilities
designed for the residents of the PDD.
[Amended 7-16-2014 by L.L. No. 3-2014; 11-16-2022 by L.L. No. 8-2022]
A.
Planned development - residential, the following uses may be permitted:
B.
Area, yard, coverage and supplementary regulations.
(1)
District area minimum: 10 acres.
(3)
Minimum yards required:
(a)
Permitted residential uses: Front yards, rear yards and side
yards for residential uses shall be designed so that no building is
closer than 20 feet to any other building, and no building is closer
than 35 feet to the boundary line of any public street.
(b)
Other permitted uses: front, side, rear yards to be at least
20 feet.
(4)
Maximum building coverage (of any single lot, or the district as
a whole): 30%.
(5)
Maximum height of structures: to be submitted to the Planning Board
and approved by the Town Board as a part of the development plan,
after review of plans and recommendations in writing are received
from the Building, Planning, and Development Coordinator and local
Fire Chief.
(7)
Common open space: An area in addition to required lot area, equal
to 10% of the gross development area, shall be developed and maintained
as common open space. Such common open space shall be developed for
active recreation (with facilities), or sitting areas (with facilities)
or bicycle, walking or horse trails (marked by developed paths), or
developed wooded areas (cleared of underbrush) or any other uses found
appropriate by the Planning Board. Open space shall not be sold off
as a separate subdivision and shall not be used for future building
lots.
A.
Planned development - business, the following uses
may be permitted.
B.
Area, yard coverage and supplementary regulations.
(1)
District area minimum: 10 acres.
(2)
Front yard minimum: 50 feet.
(3)
Rear yard minimum: 25 feet or 100 feet of open space when abutting
residential uses or district, 50 feet of which shall be used for landscaping
or as a no-cut buffer at the discretion of the Planning Board. For
purposes of this section, apartments shall be considered a commercial
use.
[Amended 5-3-2017 by L.L.
No. 1-2017]
(4)
Side yard minimum: 15 feet or 100 feet of open space when abutting
residential uses or district, 50 feet of which shall be used for landscaping
or as a no-cut buffer at the discretion of the Planning Board. No
side yard is required for commercial buildings with separating fire
walls. For purposes of this section, apartments shall be considered
a commercial use.
[Amended 5-3-2017 by L.L.
No. 1-2017]
(5)
Coverage maximum (of any single lot or the district
as a whole): 40%.
(6)
Maximum height of structure: as in § 165-60B(5) above.
A.
Planned development - industrial, the following uses
may be permitted
(1)
Manufacturing industries.
(2)
Machinery and equipment sales.
(3)
Warehouse.
(4)
Wholesale uses.
(5)
Public utilities.
(6)
Enclosed service and repair.
(7)
Trucking and freight terminal.
(8)
Enclosed industrial processes and services.
(9)
Garage for repair of automotive equipment.
(10)
Enclosed accessory uses.
(11)
Parking.
B.
Area, yard, coverage and supplementary regulations.
(1)
District area minimum: 10 acres.
(2)
Front yard minimum: 50 feet.
(3)
Rear yard minimum: 25 feet or 100 feet of open space when abutting
residential uses or districts, 50 feet of which shall be used for
landscaping at the discretion of the Planning Board. For purposes
of this section, apartments shall be considered a commercial use.
[Amended 5-3-2017 by L.L.
No. 1-2017]
(4)
Side yard minimum: 25 feet or 100 feet of open space when abutting
residential uses or districts, 50 feet of which shall be used for
landscaping at the discretion of the Planning Board. No side yard
is required for industrial buildings with separating fire walls. For
purposes of this section, apartments shall be considered a commercial
use.
[Amended 5-3-2017 by L.L.
No. 1-2017]
(5)
Coverage maximum (of any single lot or the district
as a whole): 50%.
(6)
Maximum height of structures: as in § 165-60B(5) above.
A.
Planned development - recreational, the following
uses may be permitted:
A.
Off-street parking requirements:
(1)
For every building hereafter erected, altered, extended or changed in use, there shall be provided off-street parking spaces according to the design criteria set forth below, and as provided in § 165-35 of the chapter.
(2)
A required parking space shall be at least 10 feet
wide by 20 feet long and shall be reached by an access driveway at
least 20 feet clear in width.
(3)
Any parking lot or parking area that will contain
more than 100 cars shall be effectively divided by planted divider
strips or curbing fixed in place so as to effectively divide each
parking area of 100 cars from other driveways and parking areas for
the purpose of ensuring safety of vehicles moving within the entire
parking area and to control speed.
(4)
Ingress and egress to parking areas in commercial
and industrial developments shall be no closer to one another than
150 feet along Town streets, and access to individual uses and parking
areas shall be from a service road.
(5)
All parking shall be adequately lighted as determined
by the Planning Board.
B.
Off-street loading space requirements.
(1)
For every building hereafter erected, altered, extended or changed in use for the purpose of business, trade or industry, there shall be provided off-street space for loading and unloading of vehicles as set forth in § 165-36. The required loading space shall be at least 12 feet wide by 40 feet long by 14 feet clear vertical height.
(2)
Off-street loading space (or spaces) located within
50 feet of a residential property shall be shielded by wall, fencing
or other suitable material which shall serve to screen noise and fumes
that originate in said loading zone.
