A.
Generally. The regulations for planned development
districts are intended to provide a means for the development of entirely
new residential, commercial or industrial subdivisions, parks or estates
in which certain economies of scale or creative architectural or planning
concepts may be used by the developer without departing from the spirit
and intent of this chapter, while substantially benefiting the Town
in a manner not otherwise available through development under the
Town's existing zoning. In no case shall the regulations of this section
be so interpreted as to circumvent the benefits of this chapter to
the residents or occupants of such development or the residents or
occupants of adjoining properties. Planned development districts,
as defined herein, may be established only in accordance with the
procedure specified in this section.
B.
Minimum size requirements. The site for a planned development district shall not be less than 10 acres for a residential development, three acres for a commercial development (the definition of which, for purposes of this Article VII, shall include three-family and four-family dwelling units) or five acres for a planned industrial development; provided, however, that where an applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article, projects with less acreage will be considered, and further provided that in the event that the Town Board is considering a project with less acreage, the affirmative vote of not less than 4/5 of the members of the Town Board shall be required to establish such as a planned development district. The calculation of such land area shall not include existing streets, easements, parks or otherwise dedicated land or water areas in excess of 5% of the minimum gross acreage, lands officially designated on the official map of the Town or County as they may be prepared for public purposes or lands undevelopable by reason of topography, drainage or adverse subsoil conditions. Sites proposed for development for two or more classifications shall consist of the aggregate gross land area required for each use. The proposed development shall conform to the Town's Comprehensive (Master) Plan.
C.
Work-force and starter/retirement housing. The Town
Board of the Town of Malta recognizes the need for housing available
to persons of varying financial resources. Accordingly, all planned
development districts approved after the effective date of this chapter
which include residential uses shall set aside 35% of each type of
residential housing unit (including, but not limited to, single-family
houses, townhouses, condominiums and apartments) as work-force and
starter/retirement housing. The 65% of residential housing units not
so reserved is designated the "unreserved portion" of the planned
development district.
(1)
Work-force housing. For each type of residential housing
unit within the planned development district, 20% of such units shall
be limited in size to 40% of the square footage of the average of
the units approved for the unreserved portion. (For example, if the
average of the units approved for the unreserved portion is 3,200
square feet, the work-force housing units may be no larger than 1,280
square feet each.) This provision notwithstanding, the smallest house
or townhouse unit required by this section shall be 1,300 square feet
in size, and the smallest condominium or apartment required by this
section shall be 750 square feet in size.
[Amended 10-1-2007 by L.L. No. 17-2007]
(2)
Starter/retirement housing. For each type of residential
housing unit within the planned development, 15% of such units shall
be limited in size to 65% of the square footage of the average of
the units approved for the unreserved portion of the planned development
district. (For example, if the average of the units approved for the
unreserved portion is 3,200 square feet, the starter/retirement housing
units may be no larger than 2,080 square feet each.) This provision
notwithstanding, the smallest house or townhouse unit required by
this section shall be 1,300 square feet in size, and the smallest
condominium or apartment required by this section shall be 750 square
feet in size.
[Amended 10-1-2007 by L.L. No. 17-2007]
(3)
The size of the work-force and/or starter/retirement
residential housing units may be a factor in determining appropriate
lot size.
(4)
Work-force and starter/retirement family housing units
shall be physically interspersed with other units of the same type
of housing.
(5)
Work-force and starter/retirement residential housing
units shall be built approximately contemporaneously with non-work-force
and non-starter/retirement residential housing units.
D.
Referral to Planning Board. The Town Board shall refer
the application to the Town Planning Board within 30 days of receipt
of a completed application, except that, if the Town Board determines
that the proposal does not merit review because it clearly does not
meet the objectives of this chapter and/or the Town's Comprehensive
(Master) Plan, it shall so notify the applicant, refund all application
fees, shall not refer the application to the Planning Board, and no
further action on the application shall be taken.
E.
The application shall include:
(1)
The applicant shall provide a list of the names and
addresses of all owners of property that is contiguous, abutting or
adjacent or that is across an established road from the proposed boundaries
of the planned development district.
(2)
The Town Building Department shall notify, by registered
or certified mail, all such persons at least 10 days prior to the
meeting of the Town's Planning Board when such application is to be
considered with the cost of such mailing to be paid by the applicant.
(3)
The applicant shall provide the Planning Board with
basic site data pertaining to the boundaries of the proposed planned
development district or of an amendment to a planned development district
as the Planning Board may deem appropriate, and such preliminary plans
as may be required for an understanding of the proposed development,
with the petition for the desired zoning change.
(4)
All applications for planned development districts
or for amendments to planned development districts shall be accompanied
by a long-form environmental assessment form as set forth in the New
York State Environmental Quality Review Act.
(5)
Every application for establishment of a Planned Development
District shall contain a review of the possible construction design
and management of all buildings within the Planned Development District
in compliance with the U.S. Green Building Council's (USGBC) Leadership
in Energy and Environmental Design (LEED) Certification Standards.
[Added 7-2-2007 by L.L. No. 10-2007]
F.
General provisions. Planned development districts
shall be considered as a single parcel for the purpose of applying
the regulations for yard dimensions specified in Area, Frontage, Bulk,
Height and Setback Requirements for Zoning Districts. (A schedule
of area, frontage, bulk, height and setback requirements for zoning
districts is located at the end of this chapter.) Individual buildings
and structures within such district need not conform to the regulations
of Area, Frontage, Bulk, Height and Setback Requirements for Zoning
Districts, provided that any variation from such regulations shall
not be contrary to the intent of this chapter. The requirements for
off-street parking, loading and unloading, screening and other transitional
measures shall be as specified in this chapter. Such requirements
are minimum specifications and may be more restrictive in accordance
with the standards set forth elsewhere in this section. All requirements
generally applicable to districts within the Town are applicable to
zoning approved through PDD legislation, unless otherwise provided
within that PDD legislation.
G.
Planning Board review. The Planning Board may require
such changes in said preliminary plans as are found to be necessary
to meet the requirements of this chapter. The Board may make such
additional requirements as are deemed reasonably necessary to protect
the established or permitted uses in the vicinity and to promote and
protect the orderly growth and sound development of the Town. In reaching
its decision on the proposed development and changes, if any, in the
preliminary plans, the Planning Board shall consider among other things,
the following:
(1)
The benefit of the proposed land use in the proposed
location.
(2)
The existing character of the neighborhood in which
the use would be located.
(3)
The location of principal and accessory buildings
on the site in relation to one another.
(4)
The pedestrian circulation and open space in relation
to structures.
(5)
The traffic circulation features within the site and
the amount, location and access to automobile parking areas.
(6)
The height and bulk of buildings and their relation
to other structures in the vicinity.
(7)
The proposed location, type and size of display signs,
driveways, loading zones and landscaping. In addition, an applicant
for a planned development district shall, in order to provide uniform
sign design throughout such district, submit his plans pertaining
to signs in the district to include the location, type and size of
all proposed signs.
(8)
The safeguards provided to minimize possible detrimental
effects of the proposed use on adjacent properties and the neighborhood
in general.
(9)
Adequacy of drainage, water supply and sewage disposal
facilities.
(10)
The benefit to the Town which would not otherwise
be available through development under the Town's existing zoning.
(11)
Such other matters as the Planning Board may
consider pertinent.
H.
Planning Board recommendation. The Planning Board
shall approve, approve with modifications or disapprove such application
and shall report its findings to the Town Board within 62 days following
the date of referral to the Planning Board. In the event the Planning
Board unanimously (i.e., the vote of each Planning Board member present
at the meeting at which the vote is taken) recommends against the
proposed PDD legislation, the Town Board may, without further proceedings,
deny the application.
I.
Public hearing. The Town Board shall hold a public
hearing on the proposal, with public notice as provided by law, as
in the case of an amendment to this chapter.
J.
Effect of approval. The Town Board may then amend
this chapter so as to define the boundaries of the planned development
district. Such action shall have the effect only of granting permission
for development of the specific proposed uses in accordance with the
preliminary plans filed with the Town Board. Such amendment of this
chapter shall not constitute or imply a permit for construction or
approval of construction plans.
K.
Effect of negative recommendation by Planning Board.
In the event that the Planning Board has disapproved such proposal,
or approved with modifications which the applicant is unwilling to
make, an affirmative vote of not less than 4/5 of the members of the
Town Board shall be required to establish such planned development
district.
L.
Effect of failure to pursue. If construction work
on the proposed development is not begun within time limits specified
by the Town Board or such work is not completed within the period
of time specified by the Town Board, approval of the application shall
become null and void and all rights to the same regulations and restrictions
as were effective before such approval, unless the Town Board for
good cause authorizes an extension, which may be authorized without
a public hearing.
M.
Open space and recreational fees.
(1)
To further minimize the impact of future development
on the open space and recreational facilities of Malta, an open space
and recreation fee per square foot shall be paid:
(2)
Said sums shall be due and payable at the time a building
permit is obtained. Such open space and recreation shall only be expended
for open space and parkland acquisition and recreational capital improvements
or for debt service relating to said open space and recreation capital
improvement expenditures.
A.
In the event any of the following actions are not
taken within five years from the effective date of any planned development
district (PDD) established under this article, such PDD shall be deemed
null and void, and the zoning of these lands shall revert to their
zoning classification existing immediately prior to such effective
date:
B.
Where any specific provision regarding automatic termination
of a PDD has been established within a given PDD ordinance or local
law, which provision conflicts with this section, that specific provision
shall control for that PDD.
C.
With respect to any PDD in existence as of the effective
date of this section which does not contain provisions for the automatic
termination of that PDD, such PDD shall be deemed null and void, and
the zoning of these lands shall revert to their zoning classification
existing immediately prior to the effective date of that PDD, in the
event any of the following actions are not taken within three years:
D.
The provisions above notwithstanding, the Town Board
may, by resolution, exempt a specific PDD from termination, exempt
a specific PDD from termination subject to further action of the Board,
or lengthen the length of time prior to the automatic termination
of a specific PDD. (A resolution adopted February 2, 2004, exempted
PDD Nos. 10(a), 19, 30 and 43 from termination, subject to further
action of the Town Board on 90 days' notice by regular U.S. mail to
the owner(s) of the property, subject to that further action.)
