Town of Clifton Park, NY
Saratoga County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[1]
Editor's Note: See also Ch. A217, Planned Development Districts.

§ 208-71 Purpose.

[Amended 3-16-2015 by L.L. No. 4-2015; 11-9-2015 by L.L. No. 12-2015[1]]
A. 
Pursuant to NYSTL 261-c, the Town is authorized to enact procedures and requirements for the establishment and mapping of planned development zoning districts. Planned development district enactments are intended to 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 Town comprehensive plan and zoning local law or ordinance. Provision is made here for Planned Development Districts to permit establishment of areas in which one use or diverse uses may be created together, containing both individual building sites and common properties, in a compatible and unified development. In adopting this section, the Town Board declares its intent to encourage innovations in development and the most efficient use of land by enabling greater flexibility in siting, design and type of structure permitted under certain circumstances in the Town. In order to carry out the intent of this section, a planned development shall strive to achieve the following objectives:
(1) 
More usable open space, preserve lands and/or recreational areas shall be created.
(2) 
Trees, topography, water resources and outstanding natural features shall be preserved where possible.
(3) 
A creative use of land and related physical development which allows an orderly transition of land from a vacant state to a developed state.
(4) 
An efficient use of land resulting in economical networks of utilities and streets.
(5) 
A development pattern in harmony with the planning objectives of the Town.
B. 
General requirements.
(1) 
Permitted uses. Uses within an area designated as a Planned Development District are determined by the provisions of this section as well as the conditions of the approval of any actual planned development project.
(a) 
Mixed-use planned development. A mixed-use planned development may incorporate a variety of housing types, such as detached, attached or any combination thereof. Accessory uses, including neighborhood commercial facilities, mixed-use structures, religious institutions, educational facilities, private and public clubs and recreational facilities, may be allowed as determined appropriate by the Town Board.
(b) 
Commercial planned development district. A commercial planned development shall permit principally commercial and business uses of a variety of types, such as research and development facilities, high-technology assembly, professional offices, commercial recreation facilities and such other uses as may be deemed appropriate by the Town Board for the area under construction. Accessory uses, including eating establishments, newsstands and day-care centers, are allowed when exclusively intended and designed for use by the users of the permitted principal use.
(2) 
Minimum area. The minimum area requirement for consideration of a Planned Development District designation shall be 10 contiguous acres of land, except within the following Town Center Zoning Districts: TC1, TC2, TC3, TC4, TC5, and TC6; where no minimum area requirement for Planned Development District designation shall apply.
[Amended 7-18-2016 by L.L. No. 5-2016]
(3) 
Location. The planned development may be applicable to any area of the Town where the applicant can demonstrate that the characteristics of his holdings will meet the objective of this article.
(4) 
Density. Because land is used more efficiently in a planned development, improved environmental quality can usually be produced with greater density than is usually permitted in traditional zoning districts. The Town Board shall determine in each case the appropriate land use intensity and/or dwelling unit density for individual projects. The determination of land use intensity or dwelling unit density shall be thoroughly documented, including all facts, opinions and judgments justifying the selection.
(5) 
Ownership. The tract of land under application for consideration for a planned development 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 the owners or their agent(s) of all property included in the project. In the case of multiple ownership, the approved plan shall be binding upon all property owners, and such owners shall provide written certification of such binding agreements.
[1]
Editor’s Note: This ordinance also changed the title of this article from “Planned Unit Development Districts PUD” to “Planned Development Districts.”

§ 208-72 Procedure.

[Amended 1-3-2006 by L.L. No. 1-2006; 11-9-2015 by L.L. No. 12-2015]
A. 
Applications for a Planned Development District shall be made to the Town Board through the Office of the Town Clerk.
B. 
Fees:
(1) 
A nonrefundable fee of $1,500, payable to the Town of Clifton Park, shall accompany the application to the Town Clerk.
(2) 
The Town Board may require an applicant to deposit an additional amount of $500, payable to the Town of Clifton Park, to pay for the fees and/or costs of any engineer, consultant or attorney designated by the Town Board to review such application. The fees and/or costs charged by such engineer, consultant or attorney in connection with such review will be charged against the sum deposited. Any amount remaining shall be returned to the applicant within 45 days of final action on the application.
C. 
Application requirements.
(1) 
The applicant shall submit an application and five paper copies and 10 DVDs, in .pdf format, of a conceptual development plan to the Town Board. A conceptual development plan shall consist of the following:
(a) 
A narrative description of the project setting forth its purpose, desirability and impact on the area in which the project is proposed, as well as its projected effect on the Town in general, paying particular attention to schools, traffic, population, utilities, aesthetics, recreation, taxes and compatibility with neighborhood character.
(b) 
A survey of the property, showing existing site features, including contours, buildings, structures, streets, utility easements, rights-of-way and land uses within 500 feet.
(c) 
A preliminary site plan, as described in Article XVI of this chapter, and including the notifications required in § 208-115F.
(d) 
Information on the intended construction sequence for buildings, parking areas and landscaping.
(e) 
A public utilities plan documenting the proposed location, size and quantity of water, effluent and stormwater management facilities.
(2) 
At the time of submission of the application for a Planned Development District as provided for herein, the applicant shall submit, in addition to otherwise required documentation, the following:
(a) 
A reproduced copy of the Tax Map or extract of the Tax Map depicting the parcel(s) of land proposed for the district and all lands within 500 feet distance from the perimeter thereof.
(b) 
A schedule of the names and addresses of the property owners within 500 feet distance from the perimeter of the lands proposed for the district as ascertained from the office of the Town Assessor.
(c) 
Notice.
[1] 
Prior to taking any action on the application, the Town Board will require satisfactory proof that the property owners within 500 feet of the perimeter of the lands proposed for the district approval have been notified in writing of the nature (include a brief narrative about the project and its location, number of units, approximate commercial square footage, etc.) of the proposed district. Such notification shall include the following written statement: "An application for a planned development district for lands within 500 feet of your property is being proposed. The permit application has been filed with the Town Clerk of the Town of Clifton Park and may be reviewed by you during normal business hours at the Town Hall. Please call the Town Clerk at 371-6651 if you have any questions about the procedures to review this application and the process for consideration of the proposal." Proof shall be deemed satisfactory for purposes hereof if the applicant provides evidence of mailing, by certified or registered mail or certificate of mailing, and files the receipts with the submission. Regular mail is not satisfactory notice.
(3) 
For purposes of Subsection B only, the term "applicant" shall include owner, agent or applicant.
D. 
Referral of the application. Prior to taking any action, the Town Board may refer the application and accompanying documents to the Planning Board for its review and recommendation, and to the County Planning Board, if required under the provisions of § 208-112 of this chapter and under General Municipal Law § 239-m.
E. 
Town Center density increases. Applications for additional density for residential housing within the Town Center Zones pursuant to § 208-22(6) of Town Code shall follow the procedures of this chapter.

§ 208-73 Planning Board review and recommendation.

[Amended 11-9-2015 by L.L. No. 12-2015]
A. 
The Planning Board may require:
(1) 
Additional studies and reports as may be necessary for the Planning Board to determine appropriate intensity of land use and development density.
(2) 
State environmental quality review (SEQR) documents, including the Part I Long Environmental Assessment form, as required by the Planning Board.
B. 
Upon completion of its review, the Planning Board shall transmit, in writing, to the Town Board its recommendation for approval, which shall be advisory only, regarding the application. The Planning Board may recommend: approval, approval with conditions or modifications, or disapproval of the application including a discussion of the proposal's compliance with the following:
(1) 
That the proposal conforms to the Town's comprehensive planning objectives.
(2) 
That the proposal meets the intent and objectives of a planned unit development as expressed in this article.
(3) 
That the proposal complies with the general requirements listed above in this article.
(4) 
That the uses proposed shall not be detrimental to the natural characteristics of the site or adjacent land uses.
(5) 
That each phase of the development, as it is proposed to be completed, contains the required parking facilities, landscaping and utilities necessary to create and sustain each phase independently.
(6) 
That the proposal is conceptually sound in that it meets local and area-wide needs and that the proposed roadways, pedestrian system, land use configuration, open space system, stormwater management system and scale of elements shall function singly and cumulatively and conform to accepted design principals.
(7) 
That there are adequate service and utilities available or proposed to accommodate the development.
(8) 
That the traffic generated by the proposal shall not have an adverse impact on the existing transportation network.
C. 
In addition, the report shall include a recommendation of the applicability of the State Environmental Quality Review Act.[1]
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.

§ 208-74 Action by the Town Board.

[Amended 3-21-2011 by L.L. No. 9-2011; 11-9-2015 by L.L. No. 12-2015]
A. 
Upon receipt of the report from the Planning Board, the Town Board may accept or reject the recommendation. Upon acceptance of the report from the Planning Board, the Town Board may schedule and conduct a public hearing for considering planned development districting for the applicant's plan not less than 30 days after public notice has been given of the time and place of the holding of such public hearing.
B. 
If the change of zone is approved by the Town Board, the Town Zoning Map shall be amended so as to define the boundaries of the planned development district. Supplemental zoning maps depicting the boundaries of the new planned development district shall be prepared by the applicant, and filed with the Town Clerk upon approval and adoption by the Town Board, and such amendment shall be advertised and recorded in accordance with the requirements of § 265 of New York State Town Law.
C. 
The Town Board may, if it believes it necessary in order to fully protect the health, safety and general welfare of the community, attach to its zoning resolution approving the zoning change additional conditions or requirements the applicant must meet to mitigate impacts to the surrounding neighborhood or community or to provide a public benefit as a result of the project. Such requirements may include but are not limited to:
(1) 
Visual and acoustical screening.
(2) 
Land use mix.
(3) 
Schedule of construction and occupancy.
(4) 
Pedestrian and vehicular circulation system.
(5) 
Parking and snow removal.
(6) 
Sites for public services.
(7) 
Protection of natural and/or historical features.
(8) 
Pedestrian access.
(9) 
Lighting.
D. 
Following Town Board approval of the zoning change, the applicant shall follow site plan and/or subdivision review procedures with the Planning Board per Chapter 208 and/or Chapter 179 of the Town Code.
E. 
Uses requiring special use permits.[1]
(1) 
Applications for ground- or pole-mounted solar arrays in existing Planned Unit Development Districts approved or constructed prior to the adoption of this section shall be referred to the Planning Board for review and recommendation pursuant to the standards for review contained in § 208-179. The Planning Board shall make its recommendation within 90 days following referral by the Town Board of any application for amendment to an existing Planned Development District for ground or pole mounted solar arrays.
[1]
Editor's Note: See § 208-179, Special use permits.

§ 208-75 Preliminary and final development plan approval.

A. 
Prior to the issuance of a building permit, the applicant shall submit a preliminary development plan for a full site plan review and approval by the Planning Board in accordance with Article XVI of this chapter and, if applicable, Subdivision, Chapter 179 of the Town Code.
B. 
Prior to final site plan and/or subdivision approval, the Planning Department shall assure that said finalized plans are consistent with the original concept plans and the conditions set by the Town Board in the rezoning of the parcel to planned development district.

§ 208-76 Building permit required.

In the event that the applicant does not request a building permit within one year of the Town Board action provided for in § 208-75 above, the permission granted in § 208-75 is automatically rescinded. If a permit is granted, it shall be subject to all of the terms of § 208-107.