[Added 7-19-1994 by L.L. No. 7-1994]
The purpose of the Planned Development District
regulations is to encourage flexibility in the design and development
of land for commercial and industrial purposes. A commercial planned
development is intended to achieve a mix of commercial uses at a scale,
spacing and design which is complementary to the essentially residential
character of the Town of Niskayuna. An industrial planned development
is intended to foster office and industrial development in a parklike
and self-contained setting in which limited commercial uses of direct
benefit to workers are offered to promote economic and efficient use
of land and to reduce off-site travel during working hours. Except
for those standards specified within this article, dimensional specifications
established elsewhere in this chapter are herein replaced by an approval
process in which an approved plan becomes the basis for continuing
land use controls.
In order to realize the purpose of this article,
a Planned Development District (PDD) shall achieve the following objectives:
A.
Compatibility with the goals and objectives of the
Town Comprehensive Development Plan.
B.
A mix of nonresidential uses of benefit and service
to the Town's residents.
C.
A built environment that is visually pleasant and
compatible with the residential character of the Town.
D.
Economical networks of utilities, streets, bikeways
and pedestrianways that provide users of the development with alternate
choices in mobility.
E.
Efficient use of land that promotes the preservation
of trees and outstanding natural topographic and ecological features,
the conservation of open space and the creation of private recreation
areas.
A.
Minimum project area. The minimum project area for
a commercial planned development shall be two contiguous acres of
land. The minimum project area for an industrial planned development
shall be 20 contiguous acres of land. Said acreage may be separated
by a public street.
B.
Project ownership. The project land may be owned,
leased or controlled either by a single person or corporation or by
a group of individuals or corporations. Such ownership may be a public
or private corporation. The approved project plan shall be binding
on the project land and on present and successive owners.
C.
Location. Commercial Planned Development Districts
shall be applicable only to the C-N Zoning District; Industrial Planned
Development Districts shall be applicable to the I-G and I-R Zoning
Districts. In either case, the applicant shall demonstrate that the
characteristics of his holdings meet the purpose and objectives of
this article and the goals and objectives of the Comprehensive Development
Plan.
D.
Commercial PDD uses. All uses in the Commercial Planned
Development District shall be determined by the following provisions:
(1)
Any combination of principal and accessory uses
permitted in the C-N Zoning District is permitted in the Commercial
PDD, provided that no retail or service store shall exceed 15,000
square feet and no grocery store shall exceed 65,000 square feet.
Such stores may be independent structures or share common walls.
E.
Industrial PDD uses. All uses in the industrial Planned
Development District shall be determined by the following provisions:
(1)
Those principal and accessory uses permitted
in the applicable district in which the PDD is located are permitted,
except that heavy manufacturing is prohibited in a Planned Development
District.
(2)
Ancillary commercial uses such as restaurants,
branch post offices and branch banking facilities intended primarily
for the use of workers within the district are permitted, provided
that said facilities are located in the first floor of a building
whose use is permitted in the district. Twenty-five percent of the
proposed total development in the PDD shall be constructed before
any commercial uses are permitted.
F.
G.
Parking and loading. Standards are those listed in §§ 220-19 and 220-20 of this chapter. Numbers of parking spaces shall be in general accord with those listed for the zoning district in which the project is located except that the Planning Board may consider reductions due to shared parking opportunities or staggered hours of operation. Any land made available by reduction in the number of parking spaces shall be added to open space on the site and shall not be usable for additional building area.
[Amended 1-17-1995 by L.L. No. 1-1995]
A.
Prior approval required. Whenever any Planned Development
District is proposed, before any contract is made for the sale of
any part thereof, before any zoning and building permit shall be granted
and before any subdivision plat may be filed in the office of the
County Clerk, the prospective developer or his authorized agent shall
apply for and secure approval of such Planned Development District
in accordance with the following procedures.
B.
Application for a Planned Development District.
(1)
Prior approval required. The applicant shall apply in writing to the Town Board and petition such Board for authorization to proceed to make formal application for the creation of a Planned Development District. Such petition shall be made to the Town Board on such forms as may be provided by the Board or its agent and shall be accompanied by a narrative description of the project, setting forth its purpose, desirability and impact on the neighborhood in which the project is proposed. The narrative shall explain how the proposed projects meets the purpose and objectives of this chapter as defined in §§ 220-38.1 and 220-38.2.
(2)
Authorization to proceed. Upon receipt of such
petition, the Town Board shall refer the petition to the Planning
Board for its review, report and recommendations. Such Planning Board
report shall be rendered within 30 days from the date of transmittal
from the Town Board. Upon receipt of the Planning Board report, the
Town Board shall render a favorable or unfavorable decision to the
applicant in writing. A favorable decision shall authorize the applicant
to proceed to the formal application and approval stages. In considering
a petition for authorization to proceed, the Town Board, among other
things, shall consider the project scale, proposed use configuration,
compatibility with the goals and objectives of the Town Comprehensive
Development Plan, compatibility and relationship to the adjacent land
uses and impact on public facilities and utilities.
C.
Sketch plan approval.
(1)
Prior to the Town Board's holding a public hearing
to consider granting tentative zoning approval, the applicant shall
submit a sketch plan to the Planning Board for its approval.
(2)
The sketch plan shall be drawn at a scale determined
by the Planning Board and shall clearly show or be supplemented by
the following information:
(a)
The location of the various proposed buildings,
uses and their areas.
(b)
The general outlines of the interior roadway
system, parking areas and all existing rights-of-way and easements,
whether public or private.
(c)
The interior open space system.
(d)
The interior drainage system.
(e)
The existing topography and proposed final grading
at contour intervals of not more than two feet of elevation unless
otherwise determined by the Planning Board.
(f)
Evidence of any design treatments proposed to
mitigate such problems as soil erosion, flooding or ponding.
(g)
Principal relationships to and impact on public
services such as highways, water supply and sewage disposal and any
proposals to mitigate identified impacts.
(h)
A location map showing uses and ownership of
abutting lands.
(3)
Additional documentation required. In addition,
the following documentation shall accompany the sketch plan:
(a)
A site analysis diagram to include such information
as soils analysis; location of significant vegetation, water bodies
and wetlands; desirable and objectionable views and vistas; sources
of noise, odors and other objectionable emissions; existing buildings
and structures; existing rights-of-way and easements; and location
of existing utilities and infrastructure.
(b)
Analysis of other building projects under construction
or planned within the project area, and their effect on the proposed
project.
(c)
A circulations and traffic analysis to include
trip generation analysis, internal circulation, ingress and egress
points, sight distance and traffic control measures, existing and
planned parking, availability of public transportation, impact on
level of service of existing highways and proposed on-site and off-site
improvements.
(d)
If the development is to be staged, a clear
plan of how the staging is to proceed. In any case, the sketch plan
shall show the complete project.
(e)
Evidence demonstrating the competence of the
applicant to carry out the plan, both physically and financially.
D.
Planning Board review of the sketch plan and related
documentation. The Planning Board shall review the sketch plan and
its related documents, shall hold a public hearing and then shall
render either a favorable report to the Town Board or an unfavorable
report to the applicant.
(1)
Favorable report. A favorable report shall include
a recommendation to the Town Board that a public hearing be held for
the purpose of considering tentative zoning approval. The recommendation
shall be based upon the following findings, which shall be part of
the report, including specific reasons for the recommendation:
(a)
The proposal conforms to the goals and objectives
of the Town Comprehensive Development Plan.
(b)
The proposal meets the intent and objectives of a Planned Development District as expressed in § 220-38.2.
(d)
The proposal is conceptually sound in that it
meets a community need and conforms to accepted design principles
in the proposed roadway and pedestrian system, land use configuration,
open space system, drainage system and scale of the elements both
absolutely and to one another.
(e)
There are adequate services and utilities available
or proposed to be made available in the construction of the development.
(f)
There are adequate highways and local roads
available or proposed to serve the development.
(2)
Unfavorable report. An unfavorable report shall
clearly state the reasons thereof and, if appropriate, point out to
the applicant what might be done in order to receive a favorable report.
(3)
Appeal of unfavorable report. The applicant
may, within 10 days after receiving an unfavorable report, file an
application for tentative approval with the Town Clerk. The Town Board
may then determine whether or not it wishes to call a public hearing
and proceed.
(4)
Planning Board certification required. The Chairman
of the Planning Board shall certify when all application material
has been presented, and the Planning Board shall submit its report
within 62 days of such certification. If no report has been rendered
within 62 days, the applicant may proceed as if a favorable report
were given to the Town Board.
E.
Mandatory referral to County Planning Department.
The Town Board shall refer one copy of the application and all related
materials to the Schenectady County Department of Planning if such
referral is mandated by § 239-m of the General Municipal
Law.
F.
Compliance with State Environmental Quality Review.
The Town Board shall act in accordance with the State Environmental
Quality Review regulations and local law[1] for the purpose of environmental review of the application.
G.
Application for tentative zoning approval.
(1)
Town Board action. Upon receipt of a favorable report from the Planning Board or upon its own determination subsequent to an appeal from an unfavorable report and in accordance with the environmental review process, the Town Board shall set a date for and conduct a public hearing for the purpose of granting tentative approval to the applicant's plan in accordance with the procedures established in § 220-72D.
(2)
Town Board report. The Town Board shall render
its decision on the application within 62 days from the date of the
public hearing unless otherwise required by the environmental review
process. The time in which the Town Board must render its decision
may be extended by mutual consent of the applicant and the Town Board.
H.
Zoning for Planned Development Districts.
(1)
If the Town Board grants tentative approval
following a public hearing, the Official Zoning Map shall be so annotated.
The Town Board may, in order to protect the public health, safety
and welfare of the community, attach to its zoning amendment any additional
conditions or requirements for the applicant to meet. Such conditional
attachments may include, but are not limited to, visual and acoustical
screening, land use mix, schedule of construction, pedestrian and
vehicular circulation system, parking and snow removal, sites for
public service and protection of natural and/or historical features.
I.
Request for changes in sketch plan. If, in the site plan development stage, it becomes apparent that certain elements of the sketch plan, as it has been tentatively approved by the Town Board, are unfeasible and in need of modification, the applicant shall then present such modifications to the Planning Board as part of the preliminary site plan in accordance with the procedures of Article VIII. The Planning Board shall determine if the modified plan is still in keeping with the intent of the Town Board zoning resolution. If a negative decision is reached, the application shall be considered disapproved. The Planning Board shall so notify the Town Board with a recommendation that the plat be rezoned to its previous zoning district. The Town Board shall then take appropriate action to amend the Official Zoning Map according to § 220-72 of this chapter. The applicant may resubmit his proposal and initiate proceedings as provided herein.
K.
Project staging.
(1)
If the applicant wishes or is required as a condition of zoning approval to stage project development and has so indicated per Subsection C(3)(d), then he may or shall submit only those stages he wishes to develop for site plan approval in accordance with his staging plan. Upon posting of security or improving each stage, the affected portion(s) of the plan shall be deemed as finally approved. Any plan requiring more than 24 months to complete shall be required to be staged; and a staging plan must be developed.
(2)
Twenty-five percent of the proposed development
in any stage of an Industrial PDD shall be constructed before any
commercial uses are permitted in that stage.
For the purpose of regulating development and the use of property after initial construction and occupancy, any changes other than use changes shall be processed as a variance request pursuant to the provisions of § 220-69 of this chapter. Use changes shall be processed as requests for a special use permit and shall require Planning Board approval. Properties lying in the Planned Development District are unique and shall be so considered by the Zoning Board of Appeals and the Planning Board when evaluating variance and special use requests. The maintenance of the intent and function of the planned unit development shall be of primary concern.
No building and zoning permits shall be issued
for excavation or construction within a Planned Development District
until improvements are installed or security posted in accordance
with the procedures as provided for in § 277 of the Town
Law relating to subdivision of land and any other such requirements
as may be imposed as a condition of Town Board zoning approval for
a Planned Development District.
