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.”
[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.
(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.
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.[1]
[1]
Editor's Note: Former Subsection E, Town Center density increases,
which immediately followed this subsection, was repealed 4-20-2020
by L.L. No. 3-2020.
[Amended 11-9-2015 by L.L. No. 12-2015]
A.
The Planning
Board may require:
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.
[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:
E.
Uses requiring
special use permits.[1]
(1)
Applications for Tier 2 or Tier 3 solar energy systems 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 Article XIV and Article XVI. 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 Tier 2 and 3 solar energy systems.
[Amended 10-18-2021 by L.L. No.
6-2021]
[1]
Editor's Note: See § 208-179, Special use permits.
B.
Prior to final site plan and/or subdivision approval,
the Planning and Zoning 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.
[Amended 12-12-2022 by L.L. No. 3-2022]
