[Added 3-10-1993 by L.L. No. 3-1993; amended 8-27-2003 by L.L. No. 3-2003]
A. Legislative intent. The Town Board of the Town of
Perinton, consistent with Town Law § 261-b, hereby determines
that it is appropriate to make adjustments to permissible density
and area requirements for the specific purpose of preserving open
space at the minimum cost to the citizens of the Town of Perinton.
B. In order to carry out this intent, an application
for an open space preservation project shall address the following
objectives:
(1) The preservation and enhancement of the natural features
of the site.
(2) The accommodation of land uses and physical site arrangements
which are not contemplated under conventional zoning but which would
further the development goals of the Town.
(3) The creation of more usable open space and/or recreation
area.
(4) The preservation of trees, scenic vistas, outstanding
natural topography and geologic features, the retention of productive
agricultural land and/or the prevention of soil erosion.
[Amended 2-13-2013 by L.L. No. 1-2013]
(5) The provision of a more desirable environment than
what would be possible through the strict application of existing
zoning.
(6) The promotion of the general health, safety and welfare
of the Town.
C. Where open space preservation is deemed appropriate
through the rezoning of land to an open space preservation district
by the Town Board, the use and dimensional specifications elsewhere
in the zoning regulations are herein replaced by an approval process
in which an approved open space preservation plan becomes the basis
for continuing land use controls.
D. Application procedure. An application in the form
of a letter of intent and two concept plans, one showing conventional
development of the tract(s) and one showing the proposed open space
preservation development, should be submitted to the Town Board. Not
fewer than 15 copies shall be provided for distribution and review.
The Town Board, upon receipt of an application, and as part of its
review, shall refer the application to the Planning Board and to the
Conservation Board for their review and recommendation.
E. The Planning Board's report and recommendations to
the Town Board should consider the following:
(1) The suitability of the tract(s) for the general type
of open space or farmland preservation proposed, the physical characteristics
of the land and the relation of the proposed development to surrounding
existing and probable future development.
[Amended 2-13-2013 by L.L. No. 1-2013]
(2) The adequacy of major roads, utilities and other facilities
and services to serve the development.
(3) That the proposal is conceptually sound and that it
meets local and area-wide needs and it conforms to accepted design
principles in the proposed functional roadway and pedestrian system,
land use configuration, open space system, hiking trail system and
drainage system.
(4) The Town's Comprehensive Plan and!or other plans or
policies used to guide development in the Town.
F. The Conservation Board's report and recommendations
should consider all pertinent environmental issues.
G. When required by § 239 of the General Municipal
Law, the application shall be copied to the Monroe County Planning
Department for its review. The Town Board and/or Planning Board may
also refer the application to the Town Engineer as well as other local
and county officials, representatives of federal and state agencies
and consultants as deemed appropriate.
H. The application shall explain and show the following
information:
(1) The location and extent of all proposed land uses,
including development areas and open spaces, with areas shown in acres.
(2) All interior streets, roads, access easements and
their planned private or public ownership, as well as all points of
access and egress from existing public rights-of-way.
(3) An area map showing adjacent parcels; that portion
of the applicant's property under consideration; all properties, zoning
districts, subdivisions, streets, access easements, watercourses and
other significant natural and built features within 500 feet of the
applicant's property; and all uses of abutting lands.
(4) The area water, sanitary and storm sewer systems with
proposed points of connection and their impact on existing systems.
(5) A description of the manner in which any common areas
that are not to become publicly owned are to be maintained, including
open space, streets, lighting and other considerations relevant to
the proposal.
(6) A narrative description of any covenants, grants of
easement or other restrictions proposed to be imposed upon the use
of the land, buildings or structures, including proposed easements
for public utilities.
(7) A written statement by the applicant setting forth
the reasons why, in his opinion, the proposal would be in the public
interest and would be consistent with the Town's goals and objectives.
(8) A generic environmental impact statement pursuant
to the provisions of 6 NYCRR 617.15 (to be paid for by the applicant)
to accompany a long form environmental assessment form (EAF) which
addresses at least the following:
(a)
The impact on community resources, including
roads, traffic, sewers, water supply, public utilities, schools, emergency
services, waste disposal and fire protection.
(b)
The impact on the natural environment, stormwater
management (including quantity and quality), groundwater, streams,
wetlands, significant filling and grading and aesthetics.
I. The Town Board shall then hold a hearing to consider
the application for open space preservation.
(1) The Town Board may grant open space preservation zoning
only after finding that the open space has community value and that
the development area has adequate resources and public facilities,
including transportation, water supply, waste disposal and fire protection,
to handle the density being proposed. The Town Board must also determine
that there will be no significant environmentally damaging consequences
and that the development area incentives or bonuses are compatible.
(2) If the Town Board grants open space preservation zoning,
the Zoning Map shall be so revised. The Town Board may, if it feels
it necessary, in order to fully protect the public health, safety
and welfare of the community, attach to its zoning resolution any
additional conditions or requirements for the applicant to meet. If
the applicant refuses to accept the conditions outlined, the Town
Board shall be deemed to have denied approval. The Town Board shall
also determine in each case the appropriate density and area requirements
for the individual projects and shall consider any recommendation
on the same from the Planning Board. In no case shall such density
exceed the amount that would have been permitted under conventional
zoning for the total amount of land which is being considered. The
determination of land use density shall be documented, including all
facts, opinions and judgments justifying the proposed project.
(3) Public hearings shall be held on any application submitted
pursuant to this article, and public notice shall thereby be given
thereof by the publication in the official newspaper of such hearing
at least five days prior to the date thereof
J. Once Town Board approval is given for open space preservation zoning, the applicant shall submit his application to the Planning Board for preliminary and final subdivision and/or site plan approval pursuant to this chapter and Chapter
182, Subdivision of Land, of the Perinton Town Code.
K. Required modifications during subdivision approval.
If in the subdivision or site plan review process it becomes apparent
that certain elements of the application, as it has been approved
by the Town Board, are unfeasible and in need of modification, the
applicant shall present a proposed solution. The Town Board shall
then determine whether or not the modified plan is still in keeping
with the intent of the zoning resolution.
[Amended 12-8-2010 by L.L. No. 1-2011; 12-10-2014 by L.L. No. 1-2015]
A. Intent.
(1) The intent of this district is to permit the development of land
for specialized purposes where tracts of land suitable in location,
area and character for the uses and structures proposed are to be
planned and developed on a unified basis. Suitability of land proposed
for such development shall be guided by the Comprehensive Plan, other
plans and official policies used to guide development in the Town,
and the existing and prospective character of surrounding land uses.
The application of a planned development district shall result in
development with certain advantages over that which would be obtained
under conventional zoning; result in the preservation and enhancement
of the natural, cultural or historic features of the site; result
in land uses and physical site arrangements which are not contemplated
under conventional zoning but which would further the development
goals of the Town; reduce improvement costs through more efficient
arrangement of varied land uses, buildings, circulation systems and
infrastructure; and result in the promotion of the general health,
safety and welfare of the Town.
(2) Where planned development is deemed appropriate through the rezoning
of land to a Planned Development District by the Town Board, the set
of use and dimensional specifications elsewhere in the zoning regulations
are herein replaced by an approval process in which an approved development
plan becomes the basis for continuing land use controls.
B. Permitted uses. All uses allowed within an area designated as a PDD
are determined by the provisions of this section and the approval
of the project.
(1) Residential uses. In developing a balanced community, the use of
a variety of housing types and densities shall be deemed most in keeping
with this article.
(2) Accessory commercial, service and other nonresidential uses. Commercial,
service and other nonresidential uses may be permitted in residential
zones (or required) where such uses are scaled primarily to serve
the residents of the PDD and the immediate surrounding area. In general
the uses first identified within the Mixed Use Zoning District are
considered appropriate. Consideration shall be given to the project
as it exists in its larger setting in determining the appropriateness
of such uses. In addition to residential uses, if the proposed project
is located in a nonresidential zone, then the uses permitted in those
districts are considered appropriate.
(3) Public buildings and grounds. Public buildings and grounds, as defined
within this Code, shall be deemed to be a permitted use within the
PDD.
C. Basic requirements.
(1) Planned Development Districts may be established by amendment to
the Official Zoning Map, and may be approved in any developed or undeveloped
areas of the Town where appropriate conditions exist.
(2) An application must be filed by the owner or jointly by owners of
all properties to be included in the district. All approved plans
shall be binding on all successors in interest of the applicants.
(3) The site shall be suitable for development in the manner proposed
without hazards to persons or property, on or off the site, from probability
of flooding, erosion, subsidence or slipping of the soil or other
dangers, annoyances or inconveniences. Soil conditions, groundwater
level, drainage and topography and other factors shall all be appropriate
to support both the kind and pattern of the intended use.
(4) All uses within an area designated as a Planned Development District
are determined by the provisions of this section and the approved
site plan of the subject project.
(5) The appropriate types of uses within the Planned Development District
shall be guided by the Comprehensive Plan goals and objectives.
(6) The planned development regulations that follow shall apply generally
to the initiation and regulation of all Planned Development Districts.
The new regulations shall apply within the Planned Development District,
where for a particular application, general zoning, subdivision or
other regulations or requirements are waived or altered.
D. Design standards.
(1) The Town of Perinton Design Criteria and Construction Specifications
for land development are adopted herein by reference, and shall establish
the standard for project design and construction as appropriate.
(2) Tract perimeter standards. All dimensional requirements of conventional
zoning districts shall apply to the perimeter of planned development
projects on the sides where said planned development project abuts
a conventional zoning district; these shall include setbacks and buffering
requirements.
(3) General site development guidelines. These guidelines provide some
direction to the designer to understand the maximum intensity of lot
coverage envisioned by this Code; if the designer exceeds these guidelines
he must provide a written rationale supported by the Comprehensive
Plan's goals and objectives to substantiate the design.
[Amended 2-24-2016 by L.L. No. 7-2016]
(a)
Maximum building coverage shall not exceed 35% of the total
site or parcel area.
(b)
Maximum coverage by all buildings, structures, parking areas
and impervious surfaces shall not exceed 65% of the total site or
parcel area.
(c)
Maximum building height shall be 40 feet, unless the Town Board
finds that some greater height is reasonable and appropriate given
the location of the development, the terrain involved and the nature
of the development.
(d)
Setbacks from public rights-of-way, private drives, structures
and interior lot lines, etc., shall be proposed by the designer. The
Town Board shall approve such setbacks, and these shall become binding
upon the district.
(4) Standards for off-street parking, loading and signs for planned development
district uses shall be guided by those for equivalent or similar uses
in conventional zoning districts, but may be modified to better achieve
site development objectives, during the site plan and subdivision
approval process. If the designer proposes a variation from these
conventional standards, they shall be presented as part of the district
and approved by the Town Board.
E. Application procedure.
(1) It is the intent of this section to allow Planned Development Districts
based on three phases of review.
(a)
The first step is for the applicant to make an application to
the Town Board for rezoning to a Planned Development District.
[1]
The application is expected to be accompanied by conceptual
plans in which the uses, building footprints, internal vehicular and
pedestrian circulation, utility layouts, architectural treatment,
setbacks, existing and proposed grades, landscaping, parking, lighting,
signing, and other design objectives and standards for the district
are shown.
[2]
The concept (or sketch) plan shall be to scale, though it need
not be to the precision of a finished engineering drawing. The application
shall explain and show the following information:
[a] Location and extent of all proposed land uses,
with areas in acres, as well as any proposed open space, including
the development guidelines proposed for setbacks, building size, lot
coverage, parking, impervious surfaces and other similar land use
restrictions found within the Zoning Code.
[b] All interior streets, roads, easements and their
planned public or private ownership, as well as all points of ingress
and egress from existing public rights-of-way.
[c] An area map showing the applicant's entire holdings
and adjacent properties; that portion of the applicant's property
under consideration; all properties, subdivisions, streets, easements,
watercourses, LDD and other significant natural and built features
within 500 feet of the applicant's property; and all uses and zoning
of abutting lands.
[d] If residential in nature, description of the number
of residential units, their dwelling type, number of stories, the
overall architectural style and the overall density of the proposal.
If nonresidential in nature, the number of stories, the range of building
footprints, the total impervious surface, the architectural style
and guidelines and the overall density of the proposal.
[e] The area water and sanitary sewer systems with
proposed points of attachment to existing systems; the proposed stormwater
drainage system and its relation to existing systems.
[f] Description of the manner in which any common areas
that are not to become publicly owned are to be maintained, including
open space, streets, lighting and other considerations relevant to
the proposal.
[g] If the development is to be phased, a description
and graphic representation of the phasing of the entire proposal in
terms of length of time, type and number of units or activities completed
per phase.
[h] A description of any covenants, easements, restrictions
proposed to be imposed upon the use of the land, buildings or structures,
including proposed easements for public utilities.
[i] A written statement by the applicant setting forth
the reasons why, in his or her opinion, the proposal would be in the
public interest and would be consistent with the Town's goals and
objectives.
[j] A long-form environmental assessment form (EAF).
[3]
If the Town Board accepts the application, it will hold a public
hearing on the rezoning request. After the public hearing, the Town
Board shall refer the application to the Planning Board for review
and recommendation. When required by § 239-e et seq. of
the General Municipal Law, the applications shall be forwarded to
the County Planning Board for its review. The Town Board and/or Planning
Board may also refer the application to the Conservation Board, Town
Engineer and Historic Architecture Commission as well as other local
and county officials, representatives of federal and state agencies
and consultants.
[a] The Planning Board report and recommendation to
the Town Board shall include the following findings:
[i] The suitability of the tract(s) for the general
type of development proposed, the physical characteristics of the
land and the relation of the proposed development to surrounding existing
and probable future development.
[ii] The adequacy of major roads, utilities and other
facilities and services to serve the development.
[iii] That the proposal is conceptually sound and that
it meets local and area-wide needs and it conforms to accepted design
principles in the proposed functional roadway and pedestrian system,
land use configuration, open space system, hiking trail system and
drainage system.
[iv] The plans are consistent with the Town's Comprehensive
Plan's goals and objectives and/or other plans or policies used to
guide development in the Town.
[b] The Conservation Board's reports and recommendations,
provided during preliminary review by the Planning Board, should consider
all pertinent environmental issues.
(b)
After receipt and review of any reports and recommendations,
the Town Board shall determine whether the application has merit and
should be sent to the Planning Board for site plan approval and subdivision
approval (if requested). The submission to the Planning Board may
be made only after the Town Board finds that the proposed district
has community value and that the development area has adequate resources
and public facilities, including transportation, water supply, waste
disposal and fire protection to handle the development being proposed.
[1]
After the Planning Board has had its initial public hearing,
the Planning Board and the Conservation Board will make their SEQRA
recommendations to the Town Board. The Town Board will then make a
SEQRA determination utilizing coordinated review with the other involved
Town Boards. Once the applicant has obtained a favorable SEQRA determination,
the applicant will complete the site plan approval and subdivision
approval process (if requested) with the Planning Board. If the project
is in an historic district or includes a designated landmark, the
applicant must also obtain a certificate of appropriateness from the
Historic Architecture Commission.
(c)
After the applicant receives the necessary site plan and subdivision
approvals from the Planning Board and any required certificates from
the Historic Architecture Commission, the applicant will return to
the Town Board for final rezoning approval. Upon receiving final rezoning
approval, the Town's Official Zoning Map shall be amended to reflect
the change in zoning. The Town Board may, if it feels it is necessary,
in order to protect the public health, safety and welfare of the community,
attach to its zoning resolution any additional conditions or requirements
for the applicant to meet.
F. Once the Town Board has granted the rezoning request, the applicant
shall have one year to commence significant development on the site.
Failure to commence significant site development within one year shall
cause the land to revert to the original zoning classification(s).
G. For the purpose of regulating development and use of Planned Development
District property after initial construction and occupancy, any changes
other than tenant changes shall be subject to site plan review by
the Planning Board. If use changes, or modifications to the established
zoning restrictions placed upon the district under the original amendment
are requested, these shall be processed as special use permits granted
by the Town Board in addition to site plan approval by the Planning
Board. It shall be noted, however, that properties lying within planned
development districts are unique and shall be so considered by the
Planning Board or Town Board when evaluating these requests; and maintenance
of the intent and function of the planned development shall be of
primary importance.
H. Required modifications during subdivision or site plan approval.
If in the subdivision or site plan review process it becomes apparent
that certain elements of the application, as it has been approved
by the Town Board, are in need of modification, the applicant shall
present a proposed solution. The Town Board shall then determine by
resolution whether or not the modified plan is still in keeping with
the intent of the zoning resolution.
I. Minor building additions to single-family residential units within
the PDD, up to 15% of the original footprint, may be permitted through
the normal permitting process. Additions in excess of 15% shall receive
a site plan approval from the Planning Board.