A.
Intent.
(1)
The planned development procedure provides a flexible
land use and design regulation through the use of performance criteria
so that development may be matched to the unique characteristics of
the site. Furthermore, innovative development techniques may be accommodated
that might not otherwise be possible through strict application of
standard land use and subdivision requirements. The PDD serves as
a floating zone applicable to any zone within the Town. The conventional
use, area, bulk and density specifications set forth by this chapter
are intended to be replaced through application of the planned development
procedure by the approved planned development district (PDD) plan,
which then becomes the basis legislatively established by the Town
Board for detailed design, review and control and subsequent development.
B.
In order to carry out the intent of this article,
a Planned Development District shall achieve the following objectives:
(1)
Reasonable choice in the types of environment, housing,
community facilities and industrial operations available to current
and future Town residents;
(2)
More usable open space and recreation areas;
(3)
Preservation of trees, streams, wetlands, natural
topography and geological features and prevention of soil erosion;
(4)
A creative use of land and related physical development
which promotes an orderly transition from vacant spaces to rural and
suburban uses;
(5)
An efficient use of land resulting in smaller networks
of utilities and roads;
(6)
More convenience in location of accessory commercial
and service areas; and
(7)
A development pattern in harmony with the objectives
of the Master Plan and the policy considerations underlying this chapter.
A.
Development area. The minimum development area required
to qualify for a PDD shall be 25 contiguous acres of land in the case
of a residential or mixed-use PDD, and 10 contiguous acres of land
in the case of a commercial or industrial PDD. The calculation of
such land area shall not include existing streets, easements, parks,
or otherwise dedicated land or acreage, or lands undevelopable by
reasons of topography, drainage, occurrence of wetlands, periodic
inundation by floodwaters, or adverse subsoil conditions.
B.
Ownership. The tract of land for a project 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 of all property included
in the project. In the case of multiple ownership, the approved plan
and its amendments shall be binding on all owners or their successors
in title or interest.
C.
Permitted uses in PDDs. All uses within an area designated
as a PDD are determined by the provisions of the PDD and the approved
plan of the project concerned.
A.
Application.
(1)
Application for establishment of a PDD shall be made in writing to the Town Board. The application shall include seven copies of a sketch plan as described in § 89-55 of this article and seven copies of a completed long Environmental Assessment Form, Part I. The Town Board is under no obligation to consider a PDD application.
(2)
Upon resolution of the Town Board to consider a PDD
application, the applicant shall submit the applicable fee as determined
by the Town Board and posted in the Town Hall. The Town Clerk shall
then send two copies of the application, sketch plan and Environmental
Assessment Form to the Town Planning Board. If applicable, the Town
Clerk shall also forward a copy of the application to the County Planning
Board in accordance with §§ 239-1 and 239-m of the General
Municipal Law.
B.
Planning Board review. The Planning Board shall review the sketch plan with the applicant to determine if it meets the standards of this article as outlined in § 89-55. The Planning Board may require additional changes to the sketch plan as deemed reasonable to protect the sound growth and development of the Town. In reaching its decision on the proposed development and changes, if any, in the sketch plan, the Planning Board shall consider the following:
(1)
The location of the principal and accessory buildings
on the site in relation to one another and neighboring development;
(2)
The existing character of the neighborhood in which
the uses will be located;
(3)
The pedestrian circulation and open space in relation
to structures and to prospective user needs;
(4)
The traffic circulation features within the site and
the amount, location and safety of access both to the site and within
the site, including the provision of vehicular parking areas. The
impact of the proposal on an existing transportation system;
(5)
The adequacy of proposed public/private utilities,
including water supply, sewage treatment and stormwater drain facilities;
(6)
The height and bulk of buildings and their relation
to one another and neighboring development;
(7)
The protection of existing natural features, landscaping
plans to be implemented subsequent to development, and a long-term
maintenance plan for such landscaping;
(8)
The safeguards provided to minimize possible detrimental
effects of the proposed use on adjacent properties and the neighborhood
in general;
(9)
Such other matters as the Planning Board may consider
pertinent; and
(10)
Conformance with the Master Plan for the Town of Corinth.
C.
Planning Board action. Within 60 days of the date
of the referral from the Town Board or from the date that all information
requested by the Planning Board is submitted, whichever is later,
the Planning Board shall recommend approval, approval with modification,
or disapproval to the Town Board.
D.
Town Board action. Upon receipt of the Planning Board's
report, or upon failure of the Planning Board to act within the prescribed
time period, the Town Board shall conduct a public hearing on the
proposed Planned Development District. Public notice of such hearing
shall be published in a newspaper of general circulation in the Town
at least 10 days prior to the date of the hearing. The Town Board
may, following the public hearing, adopt a local law defining the
Planned Development District and amending the Land Use Map for the
Town of Corinth.
E.
Compliance with the State Environmental Quality Review
Act. The Town Board shall comply with the requirements of the State
Environmental Quality Review Act (SEQRA) in reviewing the proposal.
If the time schedule for SEQRA is different, the schedule should be
modified for SEQRA for projects that are subject to an environmental
impact statement.
A.
Requirements. The sketch plan shall be drawn at a
scale of not less than one inch equals 100 feet, or at an alternative
scale as approved by the Planning Board, and shall show the lands
to be developed . A boundary survey need not be submitted at this
phase. The sketch plan shall include the following:
(1)
Property lines, existing and proposed, together with
acreage of all lots, including any easements and dedication;
(2)
General topographic and drainage information, both
existing and proposed;
(3)
Existing natural and man-made features, including
streams, drainage improvements, wetlands, floodplains, slopes over
15% grade, and existing buildings and structures;
(4)
All existing and proposed elements of vehicular and
pedestrian circulation, including but not limited to roadways, parking
areas, loading areas, walkways, bike paths, and parking garages;
(5)
Delineation of the various use areas in the proposed
PDD, indicating for each area its general extent, size and composition
in terms of use and total number of buildings; for residential districts,
approximate percentage allocation by residential type; for mixed-use,
commercial and industrial districts, approximate percentage allocation
by use;
(6)
Proposed location, type and size of landscaping, buffer
areas and other aesthetic features;
(7)
Proposed public utilities, including type and method
of water supply, sewage and stormwater management;
(8)
Location map showing uses and ownership of adjacent
lands; and
(9)
Proposed location, type and size of signs, driveways
and emergency zones.
A.
Mixed Use PDD standards.
(1)
Residences and retail uses, scaled to serve the needs
of the community, may be of any building type consistent with the
intent and objectives of this PDD regulation. Building height shall
be restricted to 35 feet and no more than eight townhouse units may
be attached as a group.
(2)
Density. The density permitted within the mixed use
PDD shall be as determined by the approved PDD site plan.
B.
Industrial PDD standards.
(1)
An Industrial PDD consisting of industrial uses may
be permitted if such uses are supportive of the community population
in terms of work force, design and character, and if such uses are
consistent with the Town's planning and development objectives. Consideration
shall be given to the project as it exists in its community setting
to determine the appropriateness of such uses. Building height shall
be restricted to 40 feet as determined by the PDD.
(2)
Density. The density permitted within the PDD shall
be as determined by the approved PDD site plan.
(3)
Minimum yards required. Front, rear, and side yards
shall be designed so that no building is closer than 100 feet to any
boundary line of the district.[1]
[1]
Editor's Note: Former Subsection B(4), which
provided for landfills as a permitted use in Industrial PDDs, which
immediately followed this subsection, was repealed 9-27-2007 by L.L.
No. 2-2007.
C.
Residential PDD standards.
D.
Commercial PDD standards.
(1)
A Commercial PDD consisting of commercial uses may
be permitted if such uses are supportive of the community population
in terms of work force, design and character, and if such uses are
consistent with the Town's planning and development objectives. Consideration
shall be given to the project as it exists in its community setting
to determine the appropriateness of such uses.
(2)
Density. The density permitted within the PDD shall
be as determined by the approved PDD site plan.
E.
Building design standards.
(1)
All buildings in the layout and design shall be an
integral part of the development and have convenient access to and
from adjacent uses and blocks.
(2)
Individual buildings shall generally be related to
each other in design, mass, elevation, materials, placement and connections
to provide a visually and physically integrated development.
(3)
The design of buildings and the parking facilities
shall take advantage of the topography of the site where appropriate,
to provide separate levels of access.
(4)
All building walls shall be so oriented as to ensure
adequate light and air exposure to the rooms within and to adjacent
properties.
(5)
All buildings shall be arranged as to avoid undue
exposure to concentrated loading or parking facilities wherever possible
and shall be so oriented as to preserve visual and auditory privacy
between adjacent buildings.
(6)
All buildings shall be arranged so as to be accessible
to emergency vehicles.
F.
Open space requirements. Common open space totaling
not less than 30% of the total PDD tract shall be provided in perpetuity.
This land shall be exclusive of any land area used primarily for vehicular
modes of transportation, including parking areas, garages, carports
and other features. The ownership of such open space land may be either
public or private. When in private ownership, a homeowners' association
or similar mechanism, the long-term ownership and maintenance of such
common open space shall be provided, subject to the approval of the
Town Board and Planning Board. The grant of a conservation easement
to further ensure the protection of this open space may be required.
(1)
The location, shape, size and character of the open
space must be suitable for the PDD.
(2)
Open space must be used for amenity or recreational
purposes. The uses authorized for the open space must be appropriate
to the scale and character of the PDD, considering its size, density,
expected population, topography, and the number and types of dwellings
to be provided.
(3)
Open space must be suitable for its intended use.
If intended for active use, said open space shall be suitably improved.
The buildings, structures and improvements, which are permitted in
the open space, must be appropriate to the uses that are authorized
for the open space.
(4)
The development schedule, which shall be part of the review process required pursuant to § 89-57 herein, as part of the final site plan must coordinate the improvement of the open space and the construction of buildings, structures, and improvements.
(5)
All land shown on the final site plan as open space
must be maintained and used for said purpose.
G.
Circulation system design standards.
(1)
There shall be an adequate, safe and convenient arrangement
of pedestrian circulation facilities, roadways, driveways, off-street
parking and loading spaces.
(2)
Roads, pedestrian walks and open spaces shall be designed
as an integral part of an overall site design and shall be properly
related to existing and proposed buildings, and appropriately landscaped.
A.
Upon approval of the PDD by the Town Board, application shall be made within six months for approval of all or some portion of the intended PDD development in accordance with the site plan review procedures and requirements contained in Article VI herein and Subdivision Regulations[1], if applicable. In addition, all other applicable regulations
shall also apply.
B.
Additional performance requirements that may have
been specified by the Town Board in its PDD approval action, such
as a time limit for either initiation or completion of improvements
and other construction work on the PDD development, shall also be
strictly enforced. If these performance requirements are not met,
the property shall revert to its prior land use classification, unless
the Town Board, upon specific application and for good cause, authorizes
an extension of such performance requirements.