A.
Rural District. Areas of the Town designated under
this district are characterized by working landscapes. Traditionally,
these areas have been places where resource-based economic activities
have flourished. Rural areas typically have less demand for public
services, and, outside of the hamlets, agriculture and forestry have
been the primary uses. With its remaining agricultural businesses,
undeveloped lands, and natural resources, this portion of the community
stands in contrast to the more developed areas of the Town. Its rural
character is highly valued by those that live in these areas and it
also contributes to the overall quality of life of the Town. The purpose
of this district is to encourage a variety of uses, including agriculture,
forestry, mining, small-scale commercial and light industrial activity,
and development using traditional farmstead designs where appropriate.
B.
Residential Large Lot District. Areas of the Town
designated under this district are characterized by semirural, large
lots having a minimum size of two acres, often located between lightly
developed rural and natural areas and more intensively developed residential
areas. The areas will often have environmental constraints or attributes
that support less intensive development.
C.
Residential "A" and "B" Districts. Areas of the Town
designated under these districts are characterized by traditional
suburban residential development, including developed single-family
dwellings, as well as undeveloped residential building lots. These
areas also include active agricultural lands facing immediate growth
pressures to convert to nonagricultural uses. The purpose of these
districts is to protect the residential viability of established residential
settlements.
D.
Residential "C" District. Areas of the Town designated
under this district are characterized as being located near land appropriate
for or zoned for moderately dense residential development, including
single-family, two-family, and three- and four-family dwellings, as
well as undeveloped residential building lots and commercial development.
The purpose of this district is to encourage diversity in residential
development and to encourage the use of conservation subdivision design
to preserve open space and viable agricultural lands.
E.
Core Residential District. Areas of the Town designated
under this district are generally mature residential neighborhoods.
The purpose of this district is to ensure that the general character
of these neighborhoods, which include tree-lined streets, sidewalks,
smaller lot sizes, moderately sized homes, interconnected street patterns,
and a location near some small-scale services, is protected from pressures
to convert residential structures to inappropriately sized nonresidential
uses.
F.
Multifamily District. Areas of the Town designated
under this district are those in which multifamily development currently
exists or where such uses are encouraged. These areas are served by
municipal sewage treatment and water supply facilities that permit
a high density of residential development. The purpose of this district
is to protect the existing high-density residential character from
encroachment by inappropriate nonresidential development.
G.
Rural Riverfront District. Areas of the Town designated
under this district are those located along areas overlooking the
banks of the Hudson River. The purpose of this district is to limit
the density of residential development while encouraging tourism and
recreational-based nonresidential development.
H.
Hamlet District. Areas of the Town designated under
this district are typically the original settlement areas along major
corridors and at crossroads and contain small-scale businesses and
essential services in close proximity to residences. Very often the
first floors of buildings in the hamlet districts are in commercial
use with the upper floors in residential use. The hamlets are defined
by pedestrian-friendly access along street fronts and alleyways, with
on-street parking and loading. The purpose of these districts is to
encourage compact, mixed-use commercial and residential development
or redevelopment in identified neighborhood commercial centers and
hamlet centers throughout the Town. Appropriately scaled mixed-use
developments with pedestrian connections to adjacent neighborhoods
are critical to the success of such centers.
I.
Commercial Hamlet District. Areas of the Town designated
under this district are typically original settlement areas along
major corridors that contain medium-scale businesses and essential
services in close proximity to residential neighborhoods. The commercial
hamlets tend to be more oriented to vehicular rather than pedestrian
access and are less likely to have mixed-use commercial and residential
buildings. The adaptive reuse of residential buildings as commercial
uses is a common feature of this district. The near proximity to traditional
residential neighborhoods distinguishes this district from the General
Commercial District. The purpose of this district is to encourage
compact commercial development in neighborhood commercial centers
throughout the Town.
J.
Rural Hamlet District. Areas of the Town designated
under this district are typically original settlement areas along
major corridors that contain small-scale businesses and essential
services in close proximity to rural and moderately developed lands.
The rural hamlets tend to be more oriented to vehicular rather than
pedestrian access and are less likely to have mixed-use commercial
and residential buildings. Rural hamlet districts tend to be adjacent
to rural lands and active agricultural uses. The purpose of this district
is to encourage compact commercial and residential development in
rural neighborhoods throughout the Town.
K.
General Commercial District. Areas of the Town designated
under this district are those that contain commercial and nonresidential
services and businesses. The purpose of these districts is to encourage
the development of a variety of small-scale and large-scale commercial
retail and service businesses for the community, including shopping
malls.
L.
Mixed Economic Development District. Areas of the
Town designated under this district are those with good highway access
and which do not presently contain significant agricultural uses.
The purpose of this district is to encourage the treatment of individual
lots as part of an integrated plan for development of planned office,
industry, service, small-scale retail, and technology-based businesses.
Residential uses may be permitted as accessory to the nonresidential
business development.
M.
Heavy Industrial and Rural Light Industrial Districts.
Areas of the Town designated under these districts are those with
good highway access and which are deemed appropriate for light and
heavy industrial uses. Portions of these areas presently include some
limited residential uses, although the dominant uses are manufacturing,
assembly, processing and transportation related. The purpose of these
districts is to encourage the development of light and heavy industrial
uses that require trucking or rail transportation to move goods and
materials.
N.
Planned Development Districts (PDD). Areas of the
Town designated under this district are those approved for residential
use pursuant to special legislation adopted by the Town Board. A PDD
is a planned development implemented according to a comprehensive
plan. It is typically under unified control and is planned and developed
as a whole in a single development operation or a programmed series
of development operations or phases. The nonresidential uses within
a PDD are typically neighborhood-scale businesses, parks, community
buildings, day-care centers, schools and churches. If the development
is phased, mixed uses may be included in each phase of the development
to ensure that each phase represents the desired balance of residential
and nonresidential uses.
O.
Planned Hamlet District (PHD). Areas of the Town designated under
this district are those approved for mixed commercial/residential
use pursuant to special legislation adopted by the Town Board. A PHD
is a planned development implemented according to a comprehensive
plan. It is typically under unified control and is planned and developed
as a whole in a single development operation or a programmed series
of development operations or phases. The district is intended to encourage
the creation of hamlet centers containing mixed use buildings, with
smaller scale ground floor commercial uses and residential and/or
office uses above the ground floor, in a compact hamlet-like setting
that encourages pedestrian activity using traditional hamlet design
principals.
[Added 12-14-2016 by L.L.
No. 5-2016]
A.
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
C.
Accessory uses. Uses customarily accessory to and
subordinate to a principal use.
(1)
Location. No accessory building shall be located within
the minimum required front yard setback. Notwithstanding, a farm stand
for the sale of agricultural products may be located within a front
yard setback. An accessory building may be located within the required
side yard or rear yard setback, provided that such accessory building
shall be set back not less than five feet from any lot line. For corner
lots, a structure accessory to a single-family or a two-family residential
use may be located in a front yard, opposite the side yard as determined
by the Building Inspector, and shall have a minimum setback of not
less than 20 feet from the front property line. An accessory building
shall be located not less than five feet from the principal structure
unless fire rated as per applicable New York State Building Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2)
Height. An accessory building shall not exceed 25 feet in height. Agricultural use buildings may exceed the height regulations applicable to nonagricultural use buildings. See § 128-10, Exceptions, of this chapter.
(3)
Maximum coverage. The total lot coverage of all accessory
structures shall not exceed 5% of the total lot area.
D.
Specific regulations for the district.
(2)
Nonagricultural and nonresidential uses may be established
in one or more structures, not to exceed a total of 4,000 square feet
on a single lot, by right. Agricultural uses are exempt from this
size limitation.
(3)
Notwithstanding the provisions of the preceding Subsection D(2), site plan review shall be required for all nonagricultural and nonresidential by-right uses proposed for property located within 100 feet of a residential district.
(4)
Nonagricultural and nonresidential uses proposed for
property abutting a residential district shall include a fifty-foot
landscaped buffer between the proposed improvements and the residential
district. The landscaped buffer shall be in addition to any other
setback requirement for the lot and shall be planted with a mixture
of evergreen and deciduous plantings.
(5)
The minimum lot size and maximum density unit for a minor subdivision or a land division pursuant to Chapter 103, Subdivision Regulations, are not prescribed in § 128-100 of this chapter; however, the minimum size of any lot shall be the minimum required to provide the separation distances and meet the design standards where on-site water supply and sewage disposal systems are required by the County of Albany Department of Health.
(6)
All streets shall be designed to permit the installation
of electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
(7)
For uses involving an adaptive reuse conversion of
a residential structure to nonresidential use, the following shall
apply:
(a)
The alteration or expansion of an existing building
shall not cause the total building size (post construction) to exceed
30% of the total lot area.
(c)
The Planning Board is hereby expressly authorized
to require such additional front, side and rear yard setbacks as may
be required to ensure that the nonresidential use does not interfere
with the quiet enjoyment of adjoining residential properties. The
additional setback area, as well as the minimum yard setback area,
shall be planted with a mixture of evergreen and deciduous plantings
at a height so as to adequately screen the parking area from neighboring
properties and streets. The species type, location and planted height
of such landscaping shall be subject to the approval of the Planning
Board.
E.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any new development project involving undeveloped land in
the Rural District. The Planning Board shall use its discretion as
to the applicability of these guidelines to redevelopment projects
involving the conversion or the rehabilitation of existing structures
and previously disturbed land areas.
(1)
Where practicable, encourage the use of farmstead
design for new large-scale residential projects.
(2)
Encourage the integration of new subdivisions within
the existing neighborhoods.
(3)
Where practicable, provide for and encourage open
space, recreational and agricultural uses.
(4)
Encourage the use of conservation subdivision design
and the provision of adequate water supply, sewage disposal and transportation
infrastructure.
(5)
Existing tree rows and hedgerows, stone walls, and
similar features should be retained in the development of any new
use or the expansion of any existing use.
(6)
The number of off-street parking spaces provided should
be the minimum necessary to adequately serve the intended use.
(7)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds should be screened from
adjacent properties by landscaping or fencing.
(8)
New buildings adjacent to historic structures and
historic districts should be designed in a manner consistent with
the general architectural features of such historic features in terms
of form, materials, fenestration, and roof shape.
(9)
New streets should be designed with rural characteristics,
including minimal tree clearing, minimal grading and filling of existing
topography, and usage of natural drainage where practicable.
(10)
Major modifications to the existing landscape,
such as extensive grading, clear-cutting of trees, or other similar
activities, should be avoided.
A.
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
C.
Accessory uses. Uses customarily accessory to and
subordinate to a principal use.
(1)
Location. No accessory building shall be located within
the minimum required front yard setback. Notwithstanding, a farm stand
for the sale of agricultural products may be located within a front
yard setback. An accessory building may be located within the required
side yard or rear yard setback, provided that such accessory building
shall be set back not less than five feet from any lot line. For corner
lots, a structure accessory to a single-family use may be located
in a front yard, opposite the side yard as determined by the Building
Inspector, and shall have a minimum setback of not less than 20 feet
from the front property line. An accessory building shall be located
not less than five feet from the principal structure unless fire rated
as per applicable New York State Building Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2)
Height. An accessory building shall not exceed 25 feet in height. Agricultural use buildings may exceed the height regulations applicable to nonagricultural use buildings. See § 128-10, Exceptions, of this chapter.
(3)
Maximum coverage. The total lot coverage of all accessory
structures shall not exceed 5% of the total lot area.
D.
Specific regulations for the district.
(2)
Nonagricultural and nonresidential uses proposed for
property abutting a residential district shall include a fifty-foot
landscaped buffer between the proposed improvements and the residential
district. The landscaped buffer shall be in addition to any other
setback requirement for the lot and shall be planted with a mixture
of evergreen and deciduous plantings.
(3)
All streets shall be designed to permit the installation
of electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
E.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any new development project involving undeveloped land in
the Residential Large Lot District. The Planning Board shall use its
discretion as to the applicability of these guidelines to redevelopment
projects involving the conversion or the rehabilitation of existing
structures and previously disturbed land areas.
(1)
Encourage the integration of new subdivisions within
the existing neighborhoods.
(2)
Where practicable, provide for and encourage open
space, recreational and agricultural uses.
(3)
Encourage the use of conservation subdivision design
and the provision of adequate water supply, sewage disposal and transportation
infrastructure.
(4)
Existing tree rows and hedgerows, stone walls, and
similar features should be retained in the development of any new
use or the expansion of any existing use.
(5)
The number of off-street parking spaces provided should
be the minimum necessary to adequately serve the intended use.
(6)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds should be screened from
adjacent properties by landscaping or fencing.
(7)
New buildings adjacent to historic structures and
historic districts should be designed in a manner consistent with
the general architectural features of such historic features in terms
of form, materials, fenestration, and roof shape.
(8)
New streets should be designed with rural characteristics,
including minimal tree clearing, minimal grading and filling of existing
topography, and usage of natural drainage where practicable.
(9)
Major modifications to the existing landscape, such
as extensive grading, clear-cutting of trees, or other similar activities,
should be avoided.
A.
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
C.
Accessory uses. Uses customarily accessory to and
subordinate to a principal use.
(1)
Location. An accessory building shall not be located
in a front yard. For corner lots, a structure accessory to a single-family
residential use may be located in a front yard, opposite the side
yard as determined by the Building Inspector, and shall have a minimum
setback of not less than 20 feet from the front property line. An
accessory building may be located within the required side yard or
rear yard setback, provided that such accessory building shall be
set back not less than five feet from any side or rear lot line and
shall be located not less than five feet from the principal structure
unless fire rated as per applicable New York State Building Codes.
[Amended 10-8-2008 by L.L. No. 3-2008; 2-8-2012 by L.L. No.
1-2012]
(2)
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3)
Maximum coverage. The total lot coverage of all accessory
structures shall not exceed 5% of the total lot area.
D.
Specific regulations for the district.
(2)
For uses involving the adaptive reuse conversion of
a residential structure to nonresidential use, the following shall
apply:
(a)
The alteration or expansion of an existing building
shall not cause the total building size (post construction) to exceed
15% of the total lot area.
(c)
The Planning Board is hereby expressly authorized
to require such additional front, side and rear yard setbacks as may
be required to ensure that the nonresidential use does not interfere
with the quiet enjoyment of adjoining residential properties. The
additional setback area, as well as the minimum yard setback area,
shall be planted with a mixture of evergreen and deciduous plantings
at a height so as to adequately screen the parking area from neighboring
properties and streets. The species type, location and planted height
of such landscaping shall be subject to the approval of the Planning
Board.
(3)
Residential uses proposed for previously undeveloped
property abutting a Rural, General Commercial, Rural Light Industrial,
or Heavy Industrial District shall include a fifty-foot landscaped
buffer set back from the adjoining district. The landscaped buffer
shall be in addition to any other setback requirement for the lot
and shall be planted with a mixture of evergreen and deciduous plantings.
The Planning Board shall use its discretion to establish appropriate
landscape buffer setbacks for redevelopment projects involving the
conversion or the rehabilitation of existing structures and previously
disturbed land areas.
(4)
All streets shall be designed to permit the installation
of electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
E.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any new development project involving undeveloped land in
the Residential "A" District. The Planning Board shall use its discretion
as to the applicability of these guidelines to redevelopment projects
involving the conversion or the rehabilitation of existing structures
and previously disturbed land areas.
(1)
Encourage the installation of sidewalks.
(2)
Encourage the integration of new subdivisions within
the existing neighborhoods.
(3)
The adaptive reuse of structures should be encouraged
in such a way so as to complement the character of the existing neighborhood.
(4)
The development of public parks, athletic facilities,
educational amenities and other low-density uses that require large
acreage should be encouraged.
(5)
Existing tree rows and hedgerows, stone walls, and
similar features should be retained as much as possible in the development
of any new use or the expansion of any existing use.
(6)
The number of off-street parking spaces provided should
be the minimum necessary to adequately serve the intended use.
(7)
On-street parking should be discouraged with nonresidential
uses.
(8)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds should be screened from
walkways and streets utilizing appropriate vegetation and/or fencing.
(9)
Where practicable, new buildings adjacent to existing
structures should be designed in a manner consistent with the general
architectural features of such existing structures in terms of form,
materials, and fenestration and roof shape.
(10)
New or in-fill buildings should be located in
line with existing buildings to maintain the integrity of the existing
building setback line of the street.
(11)
Major modifications to the existing landscape,
such as extensive grading, clear-cutting of trees, or other similar
activities, should be avoided to the extent possible.
A.
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
C.
Accessory uses. Uses customarily accessory to and
subordinate to a principal use.
(1)
Location. An accessory building shall not be located
in a front yard. For corner lots, a structure accessory to a single-family
residential use may be located in a front yard, opposite the side
yard as determined by the Building Inspector, and shall have a minimum
setback of not less than 20 feet from the front property line. An
accessory building may be located within the required side yard or
rear yard setback, provided that such accessory building shall be
set back not less than five feet from any side or rear lot line and
shall be located not less than five feet from the principal structure
unless fire rated as per applicable New York State Building Codes.
[Amended 10-8-2008 by L.L. No. 3-2008; 2-8-2012 by L.L. No.
1-2012]
(2)
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3)
Maximum coverage. The total lot coverage of all accessory
structures shall not exceed 5% of the total lot area.
D.
Specific regulations for the district:
(2)
Residential uses proposed for previously undeveloped
property abutting a Rural, General Commercial, Rural Light Industrial,
or Heavy Industrial District shall include a fifty-foot landscaped
buffer set back from the adjoining district. The landscaped buffer
shall be in addition to any other setback requirement for the lot
and shall be planted with a mixture of evergreen and deciduous plantings.
The Planning Board shall use its discretion to establish appropriate
landscaped buffer setbacks for redevelopment projects involving the
conversion or the rehabilitation of existing structures and previously
disturbed land areas.
(3)
All streets shall be designed to permit the installation
of electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
E.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any new development project involving undeveloped land in
the Residential "B" District. The Planning Board shall use its discretion
as to the applicability of these guidelines to redevelopment projects
involving the conversion or the rehabilitation of existing structures
and previously disturbed land areas.
(1)
Encourage the installation of sidewalks.
(2)
Encourage the integration of new subdivisions within
the existing neighborhoods.
(3)
The adaptive reuse of structures should be encouraged
in such a way so as to complement the character of the existing neighborhood.
(4)
The development of public parks, athletic facilities,
educational amenities and other low-density uses that require large
acreage should be encouraged.
(5)
Existing tree rows and hedgerows, stone walls, and
similar features should be retained as much as possible in the development
of any new use or the expansion of any existing use.
(6)
The number of off-street parking spaces provided should
be the minimum necessary to adequately serve the intended use.
(7)
On-street parking should be discouraged with nonresidential
uses.
(8)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds should be screened from
walkways and streets utilizing appropriate vegetation and/or fencing.
(9)
Where practicable, new buildings adjacent to existing
structures should be designed in a manner consistent with the general
architectural features of such existing structures in terms of form,
materials, and fenestration and roof shape.
(10)
New or in-fill buildings should be located in
line with existing buildings to maintain the integrity of the existing
building setback line of the street.
(11)
Major modifications to the existing landscape,
such as extensive grading, clear-cutting of trees, or other similar
activities, should be avoided to the extent possible.
A.
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
C.
Accessory uses. Uses customarily accessory to and
subordinate to a principal use.
(1)
Location. An accessory building shall not be located
in a front yard. For corner lots, a structure accessory to a single-family
or a two-family residential use may be located in a front yard, opposite
the side yard as determined by the Building Inspector, and shall have
a minimum setback of not less than 20 feet from the front property
line. An accessory building may be located within the required side
yard or rear yard setback, provided that such accessory building shall
be set back not less than five feet from any side or rear lot line
and shall be located not less than five feet from the principal structure
unless fire rated as per applicable New York State Building Codes.
[Amended 10-8-2008 by L.L. No. 3-2008; 2-8-2012 by L.L. No.
1-2012]
(2)
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3)
Maximum coverage. The total lot coverage of all accessory
structures shall not exceed 5% of the total lot area.
D.
Specific regulations for the district.
(2)
Residential uses proposed for previously undeveloped
property abutting a Rural, General Commercial, Rural Light Industrial,
or Heavy Industrial District shall include a fifty-foot landscaped
buffer set back from the adjoining district. The landscaped buffer
shall be in addition to any other setback requirement for the lot
and shall be planted with a mixture of evergreen and deciduous plantings.
The Planning Board shall use its discretion to establish appropriate
landscaped buffer setbacks for redevelopment projects involving the
conversion or the rehabilitation of existing structures and previously
disturbed land areas.
(3)
All streets shall be designed to permit the installation
of electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
E.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any new development project involving undeveloped land in
the Residential "C" District. The Planning Board shall use its discretion
as to the applicability of these guidelines to redevelopment projects
involving the conversion or the rehabilitation of existing structures
and previously disturbed land areas.
(1)
Encourage the installation of sidewalks.
(2)
Encourage the integration of new subdivisions within
the existing neighborhoods.
(3)
The adaptive reuse of structures should be encouraged
in such a way so as to complement the character of the existing neighborhood.
(4)
The development of public parks, athletic facilities,
educational amenities and other low-density uses that require large
acreage should be encouraged.
(5)
Existing tree rows and hedgerows, stone walls, and
similar features should be retained as much as possible in the development
of any new use or the expansion of any existing use.
(6)
The number of off-street parking spaces provided should
be the minimum necessary to adequately serve the intended use.
(7)
On-street parking should be discouraged with nonresidential
uses.
(8)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds should be screened from
walkways and streets utilizing appropriate vegetation and/or fencing.
(9)
Where practicable, new buildings adjacent to existing
structures should be designed in a manner consistent with the general
architectural features of such existing structures in terms of form,
materials, and fenestration and roof shape.
(10)
New or in-fill buildings should be located in
line with existing buildings to maintain the integrity of the existing
building setback line of the street.
(11)
Major modifications to the existing landscape,
such as extensive grading, clear-cutting of trees, or other similar
activities, should be avoided to the extent possible.
A.
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
C.
Accessory uses. Uses customarily accessory to and
subordinate to a principal use.
(1)
Location. An accessory building shall not be located
in a front yard. For corner lots, a structure accessory to a single-family
residential use may be located in a front yard, opposite the side
yard as determined by the Building Inspector, and shall have a minimum
setback of not less than 20 feet from the front property line. An
accessory building may be located within the required side yard or
rear yard setback, provided that such accessory building shall be
set back not less than five feet from any side or rear lot line and
shall be located not less than five feet from the principal structure
unless fire rated as per applicable New York State Building Codes.
[Amended 10-8-2008 by L.L. No. 3-2008; 2-8-2012 by L.L. No.
1-2012]
(2)
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3)
Maximum coverage. The total lot coverage of all accessory
structures shall not exceed 5% of the total lot area.
D.
Specific regulations for the district.
(2)
For uses involving the adaptive reuse conversion of
a residential structure to nonresidential use, the following shall
apply:
(a)
The alteration or expansion of an existing building
shall not cause the total building size (post construction) to exceed
15% of the total lot area.
(c)
The Planning Board is hereby expressly authorized
to require such additional front, side and rear yard setbacks as may
be required to ensure that the nonresidential use does not interfere
with the quiet enjoyment of adjoining residential properties. The
additional setback area, as well as the minimum yard setback area,
shall be planted with a mixture of evergreen and deciduous plantings
at a height so as to adequately screen the parking area from neighboring
properties and streets. The species type, location and planted height
of such landscaping shall be subject to the approval of the Planning
Board.
(3)
Residential uses proposed for previously undeveloped
property abutting a Rural, General Commercial, Rural Light Industrial,
or Heavy Industrial District shall include a fifty-foot landscaped
buffer set back from the adjoining district. The landscaped buffer
shall be in addition to any other setback requirement for the lot
and shall be planted with a mixture of evergreen and deciduous plantings.
The Planning Board shall use its discretion to establish appropriate
landscaped buffer setbacks for redevelopment projects involving the
conversion or the rehabilitation of existing structures and previously
disturbed land areas.
(4)
All streets shall be designed to permit the installation
of electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
E.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any new development project involving undeveloped land in
the Core Residential District. The Planning Board shall use its discretion
as to the applicability of these guidelines to redevelopment projects
involving the conversion or the rehabilitation of existing structures
and previously disturbed land areas.
(1)
Encourage the installation of sidewalks.
(2)
Encourage the integration of new subdivisions within
the existing neighborhoods.
(3)
The adaptive reuse of structures should be encouraged
in such a way so as to complement the character of the existing neighborhood
while avoiding the demolition of viable structures.
(4)
Existing tree rows and hedgerows, stone walls, and
similar features should be retained as much as possible in the development
of any new use or the expansion of any existing use.
(5)
The number of off-street parking spaces provided should
be the minimum necessary to adequately serve the intended use.
(6)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds should be screened from
walkways, adjoining residences, and streets utilizing appropriate
vegetation and/or fencing.
(7)
Where practicable, new buildings adjacent to existing
structures should be designed in a manner consistent with the general
architectural features of such existing structures in terms of form,
materials, and fenestration and roof shape.
(8)
New or in-fill buildings should be located in line
with existing buildings to maintain the integrity of the existing
building setback line of the street.
(9)
Major modifications to the existing landscape, such
as extensive grading, clear-cutting of trees, or other similar activities,
should be avoided to the extent possible.
A.
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
C.
Accessory uses. Uses customarily accessory to and
subordinate to a principal use.
(1)
Location. An accessory building shall not be located
in a front yard. An accessory building may be located within the required
side yard or rear yard setback, provided that such accessory building
shall be set back not less than five feet from any lot line. An accessory
building shall be located not less than five feet from the principal
structure unless fire rated as per applicable New York State Building
Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2)
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3)
Maximum coverage. The total lot coverage of all accessory
structures shall not exceed 5% of the total lot area.
D.
Specific regulations for the district.
(1)
Where private central water and sanitary sewer systems
are required, they shall be designed and constructed to accommodate
at least 120% of the population to be served. Each such private central
water or sanitary sewer system shall be connected to a municipal system
when such service becomes available within 500 feet of any lot served
by such system, as measured along a street providing frontage for
such lot, where the capacity is available and such connection is permitted
and approved by the district to which the connection is to be made.
(2)
All streets shall be designed to permit the installation
of electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
E.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any new development project involving undeveloped land in
the Multifamily District. The Planning Board shall use its discretion
as to the applicability of these guidelines to redevelopment projects
involving the conversion or the rehabilitation of existing structures
and previously disturbed land areas.
(1)
Encourage the installation of sidewalks.
(2)
Off-street parking should be located at the side or
rear of buildings.
(3)
The incorporation of small, landscaped front yards
is encouraged.
(4)
The construction of any blank, windowless facade facing
a corridor that provides frontage for the lot on which the building
is located should be avoided.
(5)
The primary entrances to any building should be oriented
to the lot frontage.
(6)
The number of off-street parking spaces provided should
be the minimum necessary to adequately serve the intended use.
(7)
Cross-easements should be used to provide shared access
to parking whenever possible.
(8)
Off-street parking lot and loading areas, accessory
use structures or storage other than sheds should be screened from
walkways and streets utilizing appropriate vegetation and/or fencing.
A.
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
C.
Accessory uses. Uses customarily accessory to and
subordinate to a principal use.
(1)
Location. An accessory building shall not be located
in a front yard. For corner lots, a structure accessory to a single-family
or a two-family residential use may be located in a front yard, opposite
the side yard as determined by the Building Inspector, and shall have
a minimum setback of not less than 20 feet from the front property
line. An accessory building may be located within the required side
yard or rear yard setback, provided that such accessory building shall
be set back not less than five feet from any side or rear lot line
and shall be located not less than five feet from the principal structure
unless fire rated as per applicable New York State Building Codes.
[Amended 10-8-2008 by L.L. No. 3-2008; 2-8-2012 by L.L. No.
1-2012]
(2)
Maximum coverage. The total lot coverage of all accessory
structures shall not exceed 5% of the total lot area.
D.
Specific regulations for the district.
(2)
Principal and accessory structures as part of a marina,
campground or outdoor recreation facility shall be set back not less
than 100 feet from all surrounding property lines. The setback shall
not apply to a property line along the edge of the Hudson River.
(3)
Residential uses proposed for previously undeveloped
property abutting a Rural, Mixed Economic Development, Rural Light
Industrial, or Heavy Industrial District shall include a fifty-foot
landscaped buffer set back from the adjoining district. The landscaped
buffer shall be in addition to any other setback requirement for the
lot and shall be planted with a mixture of evergreen and deciduous
plantings. The Planning Board shall use its discretion to establish
appropriate landscaped buffer setbacks for redevelopment projects
involving the conversion or the rehabilitation of existing structures
and previously disturbed land areas.
(4)
Notwithstanding any provision to the contrary, site
plan review shall be required for all nonagricultural and nonresidential
by-right uses proposed for property located within 100 feet of a residential
district.
(5)
Notwithstanding the provisions of § 128-100 of this chapter, the minimum lot size and maximum density unit for a subdivision or a land division pursuant to Chapter 103, Subdivision Regulations, shall be the minimum required to provide the separation distances and meet the design standards where on-site water supply and sewage disposal systems are required by the County of Albany Department of Health.
(6)
All streets shall be designed to permit the installation
of electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
E.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any new development project involving undeveloped land in
the Rural Riverfront District. The Planning Board shall use its discretion
as to the applicability of these guidelines to redevelopment projects
involving the conversion or the rehabilitation of existing structures
and previously disturbed land areas.
(1)
Where practicable, encourage the development of walkways
and improvements to the public open spaces within the public rights-of-way
of all corridors.
(2)
Encourage the preservation of a minimum of 50% open
space in new subdivision design through the use of conservation subdivision.
(3)
Where practicable, allow for continued public access
to the waterfront and areas with views of the Hudson River.
(4)
Existing tree rows and hedgerows, stone walls, and
similar features should be retained in the development of any new
use or the expansion of any existing use.
(5)
The number of off-street parking spaces provided should
be the minimum necessary to adequately serve the intended use.
(6)
On-street parking should be discouraged.
(7)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds should be screened from
walkways and streets utilizing appropriate vegetation and/or fencing.
(8)
New buildings adjacent to existing structures should
be designed in a manner consistent with the general architectural
features of such existing structures in terms of form, materials,
and fenestration and roof shape.
(9)
All new streets in the Riverfront Rural District should
be designed with rural characteristics, including minimal tree clearing,
minimal grading and filling of existing topography, and usage of natural
drainage where practicable.
(10)
Major modifications to the existing landscape,
such as extensive grading, clear-cutting of trees, or other similar
activities, should be avoided.
A.
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
C.
Accessory uses. Uses customarily accessory to and
subordinate to a principal use.
(1)
Location. An accessory building shall not be located
in a front yard setback. For corner lots, a structure accessory to
a single-family or a two-family residential use may be located in
a front yard, opposite the side yard as determined by the Building
Inspector, and shall have a minimum setback of not less than 20 feet
from the front property line. An accessory building may be located
within the required side yard or rear yard setback, provided that
such accessory building shall be set back not less than five feet
from any side or rear lot line and shall be located not less than
five feet from the principal structure unless fire rated as per applicable
New York State Building Codes.
[Amended 10-8-2008 by L.L. No. 3-2008; 2-8-2012 by L.L. No.
1-2012]
(2)
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3)
Maximum coverage. The total lot coverage of all accessory
structures shall not exceed 5% of the total lot area.
D.
Specific regulations for the district.
(1)
No single building shall have a building footprint
exceeding 5,000 square feet. Exceptions may be granted by the Planning
Board during its review of a site plan, where the Planning Board determines
that the building facade is articulated to appear as multiple buildings,
each part of which does not exceed a maximum building footprint of
5,000 square feet.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2)
Parking in the front yard is prohibited. Off-street
parking should be located at the side or rear of buildings.
(3)
Drive-through facilities shall be located at the side
or rear of buildings, out of view from public streets. Landscaping
should be used to further reduce the visibility of drive-through facilities.
Pedestrian safety and internal vehicular circulation shall be considered
in the design of any drive-through facilities.
E.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any new development project involving undeveloped land in
the Hamlet District. The Planning Board shall use its discretion as
to the applicability of these guidelines to redevelopment projects
involving the conversion or the rehabilitation of existing structures
and previously disturbed land areas.
(1)
Encourage the installation of sidewalks.
(2)
The establishment of mixed-use, multistory dwellings
is the preferred form of use.
(3)
The concentration of multifamily dwelling units should
be encouraged at or near the hamlet boundary to provide a graduation
of density from the outer boundaries of the district.
(4)
New or in-fill construction should be designed so
as to be compatible with the general character of buildings on the
street frontage. The setback, height, bulk, gable and pitch of roofs,
use of porches, shutters and other exterior design elements should
result in an overall design that complements the existing character
of the streetscape.
 |
|
Mixed-use residential over restaurant.
|
 |
(5)
The incorporation of small, landscaped front yards
should be encouraged with any new residential or commercial use if
building is not built to the sidewalk edge.
[Amended 10-8-2008 by L.L. No. 3-2008]
(6)
The development of public parks, commons, or small
pedestrian plazas with amenities such as benches and landscaping should
be encouraged in the hamlets.
(7)
The adaptive reuse of existing structures should be
encouraged in such a way so as to complement the character of the
existing hamlet.
(8)
Where practicable, existing tree rows and hedgerows,
stone walls, and similar features should be retained in the development
of any new use or the expansion of any existing use.
(9)
Additions to existing buildings should use materials
and details complementary to those incorporated in the parent structure.
(10)
Where practicable, new buildings adjacent to
existing structures should be designed in a manner consistent with
the general architectural features of such existing structures in
terms of form, materials, and fenestration and roof shape.
(11)
New buildings, or additions to existing buildings,
should reflect any discernible pattern of window and door openings
that is established among adjacent structures or is present in the
existing building.
 |
(12)
The construction of any blank, windowless facade
facing a corridor that provides frontage for the lot on which the
building is located should be avoided.
(13)
The utilization of ribbon or continuous strip
glazing in any building facade should be avoided.
(14)
New buildings should have a roof shape similar
in proportion, form and character to that which is present on the
majority of the existing structures having frontage on the same corridor.
Dead-flat roofs are generally inconsistent with the existing character
of the Town and should be avoided, except where the size or type of
the building requires a flat roof and facade variations and other
architectural features can disguise the flatness of the roof.
(15)
Any large building facade and the sides visible
from the street corridor should incorporate changes in plane and architectural
features that give the appearance of several common-wall buildings.
(16)
Major modifications to the existing landscape,
such as extensive grading, clear-cutting of trees, or other similar
activities, should be avoided to the extent possible.
(17)
Where private central water and sanitary sewer
systems are required they shall be designed and constructed to accommodate
at least 120% of the population to be served. Each such private central
water or sanitary sewer system shall be connected to a municipal system
when such service becomes available within 500 feet of any lot served
by such system, as measured along a street providing frontage for
such lot, where the capacity is available and such connection is permitted
and approved by the district to which the connection is to be made.
(18)
All streets should be designed to permit the
installation of electric, water, sewer, gas and other utilities underground,
either initially or at the time major improvements or upgrades are
made to the street or the particular service.
(19)
The primary entrances to any building should
be oriented to the lot frontage. Secondary entrances should be oriented
to parking, plazas or parks.
 |
(20)
The number of off-street parking spaces provided
should be the minimum necessary to adequately serve the intended use.
(21)
Where practicable, service alleys for deliveries
and utility access should be established along rear property lines.
(22)
On-street parking should be encouraged with
nonresidential uses. Service alleys should access practicable, off-street
parking spaces for residential uses.
 |
|
Use landscaping, such as hedges, shrubs, or
low walls of stone, brick, wood, wrought iron, or an acceptable substitute,
to screen parking and create an edge along the sidewalk.
|
(23)
Cross-easements should be used to provide shared
access to parking whenever possible.
(24)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds should be screened from
walkways and streets utilizing appropriate vegetation and/or fencing.
A.
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
C.
Accessory uses. Uses customarily accessory to and
subordinate to a principal use.
(1)
Location. An accessory building shall not be located
within a required front yard. An accessory building may be located
within the required side or rear yard setback, provided that such
accessory building shall be set back not less than two feet from any
property line. An accessory building shall be located not less than
five feet from the principal structure unless fire rated as per applicable
New York State Building Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2)
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3)
Maximum coverage. The total lot coverage of all accessory
structures shall not exceed 5% of the total lot area.
D.
Specific regulations for the district. None.
E.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any new development project involving undeveloped land in
the Commercial Hamlet District. The Planning Board shall use its discretion
as to the applicability of these guidelines to redevelopment projects
involving the conversion or the rehabilitation of existing structures
and previously disturbed land areas.
(1)
Encourage the installation of sidewalks.
(2)
New or in-fill construction should be designed so
as to be compatible with the general character of buildings on the
street frontage. The setback, height, bulk, gable and pitch of roofs,
use of porches, shutters and other exterior design elements should
result in an overall design that complements the existing character
of the streetscape.
(3)
The incorporation of small, landscaped front yards
is encouraged with any new residential or commercial use (if building
is not built to the sidewalk edge).
(4)
The development of public parks, commons, or small
pedestrian plazas with amenities such as benches and landscaping is
encouraged.
(5)
Where practicable, existing tree rows and hedgerows,
stone walls, and similar features should be retained in the development
of any new use or the expansion of any existing use.
(6)
Additions to existing buildings should use materials
and details complementary to those incorporated in the parent structure.
(7)
Where practicable, new buildings adjacent to existing
structures should be designed in a manner consistent with the general
architectural features of such existing structures in terms of form,
materials, and fenestration and roof shape.
(8)
New buildings, or additions to existing buildings,
should reflect any discernible pattern of window and door openings
that is established among adjacent structures or is present in the
existing building.
(9)
The construction of any blank, windowless facade facing
a corridor that provides frontage for the lot on which the building
is located should be avoided.
(10)
The utilization of ribbon or continuous strip
glazing in any building facade should be avoided.
(11)
Dead-flat roofs are generally inconsistent with
the existing character of the Town and should be avoided, except where
the size or type of the building requires a flat roof and facade variations
and other architectural features can disguise the flatness of the
roof.
(12)
Any large building facade and the sides visible
from the transportation corridor should incorporate changes in plane
and architectural features that give the appearance of several common-wall
buildings.
(13)
Major modifications to the existing landscape,
such as extensive grading, clear-cutting of trees, or other similar
activities, should be avoided to the extent possible.
(14)
All streets shall be designed to permit the
installation of electric, water, sewer, gas and other utilities underground,
either initially or at the time major improvements or upgrades are
made to the street or the particular service.
(15)
The primary entrances to any building should
be oriented to the lot frontage. Secondary entrances should be oriented
to parking, plazas or parks.
(16)
The number of off-street parking spaces provided
should be the minimum necessary to adequately serve the intended use.
(17)
Where practicable, service alleys for deliveries
and utility access should be established along rear property lines.
(18)
Drive-through facilities should be located at
the side or rear of buildings and landscaping should be used to reduce
the visibility of such facilities.
(19)
Pedestrian safety and internal vehicular circulation
must be considered in the design of any drive-through facilities.
(20)
On-street parking should be encouraged with
nonresidential uses. Service alleys should access practicable, off-street
parking spaces for residential uses.
(21)
Cross-easements should be used to provide shared
access to parking whenever possible.
(22)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds should be screened from
walkways and streets utilizing appropriate vegetation and/or fencing.
A.
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
C.
Accessory uses. Uses customarily accessory to and
subordinate to a principal use.
(1)
Location. An accessory building shall not be located
in a front yard. For corner lots, a structure accessory to a single-family
or a two-family residential use may be located in a front yard, opposite
the side yard as determined by the Building Inspector, and shall have
a minimum setback of not less than 20 feet from the front property
line. An accessory building may be located within the required side
yard or rear yard setback, provided that such accessory building shall
be set back not less than five feet from any side or rear lot line
and shall be located not less than five feet from the principal structure
unless fire rated as per applicable New York State Building Codes.
[Amended 10-8-2008 by L.L. No. 3-2008; 2-8-2012 by L.L. No.
1-2012]
(2)
Height. An accessory structure shall not exceed 25 feet in height, and in no event shall an accessory nonagricultural use structure exceed the height of the principal structure. Agricultural use buildings may exceed the height regulations applicable to nonagricultural use buildings. See § 128-10, Exceptions, of this chapter.
(3)
Maximum coverage. The total lot coverage of all accessory
structures shall not exceed 5% of the total lot area.
D.
Specific regulations for the district.
(2)
Shopping centers of 10,000 gross square feet of building
area or less are permitted subject to site plan approval.
(3)
With the exception of shopping centers, no single
building should have a building footprint exceeding 5,000 square feet.
Exceptions may be made only if the facades of larger buildings are
articulated to appear as multiple buildings, each part of which does
not exceed a maximum building footprint of 5,000 square feet.
E.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any new development project involving undeveloped land in
the Rural Hamlet District. The Planning Board shall use its discretion
as to the applicability of these guidelines to redevelopment projects
involving the conversion or the rehabilitation of existing structures
and previously disturbed land areas.
(1)
Encourage the installation of sidewalks.
(2)
The establishment of mixed-use, multistory dwellings
is the preferred form of use.
(3)
New or in-fill construction should be designed so
as to be compatible with the general character of buildings on the
street frontage. The setback, height, bulk, gable and pitch of roofs,
use of porches, shutters and other exterior design elements should
result in an overall design that complements the existing character
of the streetscape.
(4)
The incorporation of small, landscaped front yards
is encouraged with any new residential or commercial use (if building
is not built to the sidewalk edge).
(5)
The development of public parks, commons, or small
pedestrian plazas with amenities such as benches and landscaping is
encouraged.
(6)
The adaptive reuse of existing structures is encouraged.
(7)
Where practicable, existing tree rows and hedgerows,
stone walls, and similar features should be retained in the development
of any new use or the expansion of any existing use.
(8)
Additions to existing buildings should use materials
and details complementary to those incorporated in the parent structure.
(9)
Where practicable, new buildings adjacent to existing
structures should be designed in a manner consistent with the general
architectural features of such existing structures in terms of form,
materials, and fenestration and roof shape.
(10)
New buildings, or additions to existing buildings,
should reflect any discernible pattern of window and door openings
that is established among adjacent structures or is present in the
existing building.
(11)
The construction of any blank, windowless facade
facing a corridor that provides frontage for the lot on which the
building is located should be avoided.
(12)
The utilization of ribbon or continuous strip
glazing in any building facade should be avoided.
(13)
New buildings should have a roof shape similar
in proportion, form and character to that which is present on the
majority of the existing structures having frontage on the same corridor.
Dead-flat roofs are generally inconsistent with the existing character
of the Town and should be avoided, except where the size or type of
the building requires a flat roof and facade variations and other
architectural features can disguise the flatness of the roof.
(14)
Any large building facade and the sides visible
from the transportation corridor should incorporate changes in plane
and architectural features that give the appearance of several common-wall
buildings.
(15)
All streets shall be designed to permit the
installation of electric, water, sewer, gas and other utilities underground,
either initially or at the time major improvements or upgrades are
made to the street or the particular service.
(16)
The primary entrances to any building should
be oriented to the lot frontage. Secondary entrances should be oriented
to parking, plazas or parks.
(17)
The number of off-street parking spaces provided
should be the minimum necessary to adequately serve the intended use.
(18)
Where practicable, service alleys for deliveries
and utility access should be established along rear property lines.
(19)
Drive-through facilities should be located at
the side or rear of buildings and landscaping should be used to reduce
the visibility of such facilities.
(20)
Pedestrian safety and internal vehicular circulation
must be considered in the design of any drive-through facilities.
(21)
Service alleys should access practicable, off-street
parking spaces for residential uses.
(22)
Cross-easements should be used to provide shared
access to parking whenever possible.
(23)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds should be screened from
walkways and streets utilizing appropriate vegetation and/or fencing.
A.
Minimum lot area, yard, setback and height requirements. See Schedule of Area, Yard and Bulk Requirements, § 128-100.
C.
Accessory uses. Uses customarily accessory to and
subordinate to a principal use.
(1)
Location. An accessory building shall not be located
in a front yard. An accessory building may be located within the required
side yard or rear yard setback, provided that such accessory building
shall be set back not less than 10 feet from any lot line. An accessory
building shall be located not less than five feet from the principal
structure unless fire rated as per applicable New York State Building
Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2)
Height. An accessory building or structure shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(3)
Maximum coverage. The total lot coverage of all accessory
structures shall not exceed 5% of the total lot area.
D.
Specific regulations for the district. Buildings,
parking lots, loading areas, and access aisles facing or adjacent
to a residential district shall be set back an additional 100 feet
from the minimum yard setback to provide a visual and noise buffer.
The one-hundred-foot additional buffer, as well as the minimum yard
setback area, shall be planted with a mixture of evergreen and deciduous
plantings at a height so as to adequately screen the parking area
from neighboring properties and streets. The species type, location
and planted height of such landscaping shall be subject to the approval
of the Planning Board.
E.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any new development project involving undeveloped land in
the General Commercial District. The Planning Board shall use its
discretion as to the applicability of these guidelines to redevelopment
projects involving the conversion or the rehabilitation of existing
structures and previously disturbed land areas.
(1)
Where practicable, existing tree rows and hedgerows,
stone walls, and similar features should be retained in the development
of any new use or the expansion of any existing use.
(2)
The development of parks, commons, or small pedestrian
plazas with amenities such as benches and landscaping should be encouraged.
(3)
The creation of a safe pedestrian environment is a
principal goal of the Town. The design of parking lots, access driveways,
and streets should be designed to avoid and minimize the potential
for pedestrian/vehicle conflicts.
 |
|
Commercial developments may use small green
spaces, courts, squares, parks, plazas, and similar spaces that can
also function as community gathering places to provide transitions
and ensure compatibility with surrounding noncommercial uses.
|
(4)
The construction of any blank, windowless facade facing
a corridor that provides frontage for the lot on which the building
is located should be avoided.
(5)
All streets shall be designed to permit the installation
of electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
(6)
The primary entrances to any building should be oriented
to the lot frontage. Secondary entrances should be oriented to parking,
plazas or parks.
(7)
The number of off-street parking spaces provided should
be the minimum necessary to adequately serve the intended use.
(8)
Encourage the installation of sidewalks.
 |
 |
|
All parking islands must be generously landscaped
with native vegetation.
|
 |
 |
|
A clear, on-site system of pedestrian walkways
must be provided. The pedestrian system must connect buildings to
one another, to parking areas, and to public streets and sidewalks.
|
 |
|
Facades of large buildings must be subdivided
and proportioned using features such as windows, entrances, arcades,
arbors and awnings.
|
 |
A.
General regulations.
(1)
Development master plan required.
(a)
No site plan or subdivision application shall
be accepted or approved for any development project located on a parcel
of land of five acres in size or more unless said application is preceded
by Town Board approval of a development master plan encompassing the
parcel and all other adjacent lands within the district owned and/or
controlled by the project sponsor. For the purpose of this section,
the term "parcel" shall be deemed to include all contiguous parcels,
lots, sites and other contiguous land holdings within the Mixed Economic
Development District that are owned and/or controlled by the project
sponsor.
(b)
A development master plan shall also be required
on any parcel of less than five acres in size where the development
project involves the subdivision of land.
(c)
A development master plan shall consist of a concept plan for development or redevelopment of a parcel as defined above and shall be prepared and processed as described at Subsection F below. Such development may consist of a mixed development of primary and secondary uses, or a development of entirely primary uses. The development master plan shall show the primary and secondary uses proposed for development on the property and shall show a plan for the layout of lots. Where a mixed development is proposed, the building floor area devoted to secondary uses shall be limited as set forth below.
(2)
Exceptions. A development master plan shall not be required in the
following circumstances:
[Amended 2-24-2016 by L.L. No. 1-2016]
(a)
For a development project on a parcel or collection of parcels of less than five acres, provided that said project does not involve a subdivision. However, such development project shall be subject to site plan review and approval by the Planning Board in accordance with § 128-71 of this chapter.
(b)
For subdivision of land in order to create a parcel or lot for
development of a solar photovoltaic PV system, provided the parcel
or lot so created is five acres or less in area and is used only for
the development of a solar photovoltaic PV system and accessory uses
associated therewith.
B.
Permitted uses.
(1)
Primary uses. Primary uses that are permitted in the district include office, light industrial, manufacturing and technology-based businesses and such other uses that are identified as permitted primary uses in the Schedule of Uses, § 128-99 of this chapter. Primary uses may comprise up to 100% of the gross floor area of the structure(s) on a development site.
(2)
Secondary uses. Secondary uses that are permitted in the district include service businesses, restaurants, entertainment uses, small-scale retail uses, fitness clubs, and such other uses that are identified as permitted secondary uses in the Schedule of Uses, § 128-99 of this chapter. Secondary uses are intended to provide support services to primary uses in the Mixed Economic Development District and uses within the surrounding neighborhoods. The amount of building floor area devoted to secondary uses is intended to be restricted. Within the geographic area covered by an approved development master plan, the total gross floor area devoted to secondary uses shall not exceed 30% of the total gross floor area of all buildings located in said geographic area. Secondary uses are permitted on parcels that require a development master plan only when such uses are approved by the Town Board as part of the development master plan.
(3)
Accessory uses. Uses that are customarily accessory
to, incidental and subordinate to a primary use or a secondary use
shall also be permitted on the same lot as the primary or secondary
use.
(4)
Residential uses.
(a)
The establishment of one-, two-, three- and
four-family dwellings is prohibited.
(b)
Multifamily dwellings are permitted as a secondary
use only when approved by the Town Board as part of a development
master plan. The maximum residential use density is eight units per
acre. Multifamily dwellings shall also be subject to the maximum floor
area requirements for secondary uses as specified below.
(c)
Exemption. Existing single-family homes shall
be considered a permitted use, shall be permitted to expand and shall
be exempt from the maximum floor area requirements.
(5)
Alternative calculation of maximum secondary uses.
Applications for a development master plan for which, as of the effective
date of this chapter, the Town Board has adopted resolutions making
a State Environmental Quality Review Act determination pursuant to
6 NYCRR 617.7 of the State Environmental Quality Review Act and approving
the draft environmental impact statement scoping document shall be
subject to the following alternative calculation of maximum secondary
uses. For such applications, secondary uses shall not comprise more
than 30% of the developable acreage of the site, and the total gross
floor area devoted to secondary uses shall not exceed 50% of the total
floor area of all buildings located within the geographic area covered
by an approved development master plan.
C.
Site development standards for parcels that require
a development master plan. The following site development standards
shall apply to parcels of five acres or more that require or are covered
under a site development master plan.
(1)
Multifamily dwellings. Multifamily dwellings shall
be considered a permitted secondary use on parcels requiring a development
master plan and shall be subject to the maximum floor area requirements
for secondary uses specified below. Multifamily dwellings may include
attached single-family dwellings that are arranged in buildings containing
five or more dwelling units.
(2)
Maximum floor area for secondary uses. Subject to
the above alternative calculation of maximum secondary uses, within
the geographic area covered by a development master plan, the total
gross floor area devoted to secondary uses shall not exceed 30% of
the total gross floor area of all structures within said geographic
area. The distribution of permitted floor area for secondary uses
among the various lots that may comprise a development project shall
be established by the Town Board at the time of approval of the development
master plan.
(3)
Timing of approval and construction for secondary
uses. Within the geographic area covered by a development master plan,
at no time shall the total amount of floor area devoted to secondary
uses constructed or under construction exceed 50% of the total floor
area constructed or under construction devoted to all uses within
said geographic area. In addition, at no time shall the total amount
of constructed floor area devoted to secondary uses exceed the maximum
amount approved within the geographic area covered by a development
master plan.
(4)
Maximum impervious surface area. The maximum impervious
surface area permitted within the geographic area covered by a development
master plan shall be 60% of the land area within said geographic area.
The calculation of maximum impervious surface area shall include the
square footage of the footprint of all primary and secondary use structures,
parking areas, driveways, private streets and other impervious surfaces
but shall exclude sidewalks and public streets.
(5)
Area, yard and bulk requirements. Except as otherwise
provided in this section, the Town Board, as part of its review of
a development master plan, shall determine the minimum area, yard,
setback and bulk requirements for each development project. In making
its determination, the Town Board shall be guided by the standards
and requirements found elsewhere in this chapter for development projects
of a similar nature.
(6)
Height. The maximum height of buildings shall be the
lesser of four stories or 60 feet west of the New York State Thruway
and the lesser of three stories or 45 feet east of the New York State
Thruway.
(7)
Minimum lot size. The minimum lot size shall be one
acre for individual lots within an area covered by a development master
plan.
(8)
Minimum lot size for mixed-use projects. The minimum
lot size shall be two acres for individual lots supporting a mixed-use
project within an area covered by a development master plan.
(9)
Minimum setback to master plan boundary. The minimum
yard setback to the boundary of the area covered by a development
master plan shall be 100 feet where said boundary is adjacent to a
residential zoning district or 50 feet where said boundary is adjacent
to a nonresidential zoning district. This setback requirement shall
not apply where the boundary coincides with the right-of-way of an
existing public street. No parking areas, driveways, buildings or
similar structures shall be permitted in the minimum yard setback,
except that driveways providing direct access from adjoining lots
shall be allowed.
(10)
Minimum arterial setback. The minimum yard setback
along an arterial highway shall be 30 feet from the highway property
line or 80 feet from the center line of pavement of the arterial highway,
whichever produces the greater distance. No parking areas, driveways,
buildings or similar structures shall be permitted in the minimum
yard setback, except that driveways providing direct access from the
arterial shall be allowed.
(11)
Signage. At the time of its approval of a development master plan, the Town Board shall establish sign standards for the development project, including the allowable number, maximum size, type, and style of signs. Individual signs shall be reviewed for conformance with the established standards and shall be subject to approval by the Planning Board as part of a subdivision or site plan application. In establishing said standards, the Town Board shall be guided by the general sign requirements found at § 128-59 of this chapter and the specific sign standards applicable to projects of a similar nature.
D.
Site development standards for parcels that do not
require a development master plan. The following site development
standards shall apply to parcels that do not require, or are not covered
under, a site development master plan.
(1)
Minimum lot size. Minimum lot size shall be 10,000
square feet.
(2)
Minimum front yard. Minimum front yard shall be 30
feet from the highway property line or 55 feet from the center line
of pavement, whichever produces the greater distance. In the case
of arterial highways, the minimum distance from the center line of
pavement shall be 80 feet.
(3)
Minimum side yard. Minimum side yard shall be 10 feet.
(4)
Minimum rear yard. Minimum rear yard shall be 40 feet.
(5)
Minimum highway frontage. Minimum highway frontage
shall be 100 feet.
(6)
Maximum building height. Maximum building height shall
be 35 feet.
(7)
Minimum lot depth. Minimum lot depth shall be 150
feet.
(8)
Minimum lot width. Minimum lot width shall be 100
feet.
(9)
Maximum lot coverage. Maximum lot coverage shall be
60%. The calculation of maximum lot coverage shall include the square
footage of the footprint of all primary and secondary use structures,
accessory structures, driveways and parking areas.
(10)
Maximum floor area ratio for secondary uses.
The maximum floor area ratio applicable to all secondary uses that
are not part of a development master plan shall be 0.1.
E.
Miscellaneous standards.
(1)
Accessory structures.
(a)
Location. An accessory building shall not be
located in a front yard. An accessory building may be located within
the required side yard or rear yard setback, provided that such accessory
building shall be set back not less than five feet from any lot line.
An accessory building shall be located not less than five feet from
the principal structure unless fire rated as per applicable New York
State Building Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(b)
Height. An accessory building shall not exceed a height of 25 feet. (See also § 128-10, Exceptions, of this chapter.)
(c)
Maximum coverage. The total lot coverage of
all accessory structures shall not exceed 5% of the total lot area.
F.
Procedures for approval of a development master plan.
The development of any primary or secondary use(s) in a Mixed Economic
Development District is subject to approval of a development master
plan by the Town Board and site plan and/or subdivision approval by
the Planning Board, as follows:
(1)
Applicant. An application for approval of a development
master plan shall be made in writing to the Town Board. Application
shall be made by the owner(s) of the land(s) to be included in the
project or by a person or persons holding an option to purchase the
lands contingent only upon approval of the application. In the event
an application is made by a person or persons holding an option to
purchase the lands, the application shall be accompanied by a statement
signed by all owners of such land indicating concurrence with the
application. All approved plans shall be binding on all owners and
their successors and assigns.
(2)
Applications. All applications for development master plan approval shall be in writing and on forms and in such quantity as may be prescribed by the Town Board. The application must include a Part 1 full environmental assessment form. No application shall be deemed complete until a negative declaration has been issued or until a draft environmental impact statement has been accepted by the Town Board, as the lead agency, as satisfactory with respect to scope, content and adequacy. The application shall include the information and materials as described in § 128-40C(2) of this chapter, unless otherwise waived by the Department of Economic Development and Planning.
(3)
Fees. An application shall be accompanied by an application
fee as set by the Town Board. All application fees are in addition
to any required escrow fees and do not cover the cost of environmental
review. The applicant shall be responsible for the total cost of environmental
reviews that are determined to be necessary to meet the requirements
of the State Environmental Quality Review Act (SEQRA).[1] If the Town Board or the Planning Board requires professional
review of the application by a designated private planning, engineering,
legal or other consultant, or if it incurs other extraordinary expense
to review documents or conduct special studies in connection with
the proposed application, reasonable fees shall be paid for by the
applicant and an escrow deposit will be required.
[1]
Editor's Note: See Art. 8 of the Environmental
Conservation Law.
(4)
Review and approval of a development master plan.
The review and approval of a development master plan shall be conducted
in accordance with the following procedures:
(a)
Town Board review. An application for development
master plan approval shall be submitted to the Town Board. Upon receipt
of an application the Town Board shall notify the applicant of the
place, date, and time of the meeting at which the application is to
be considered and shall refer the application to the Planning Board
for review and recommendation. The applicant or the applicant's representatives
shall be present at meetings of the Town Board and the Planning Board
at which the application is to be considered. Although not required,
applicants are encouraged to commence discussions with the owners
of land abutting or in proximity to the project site to ascertain
local concerns and local development issues early in the project design
process.
(b)
Planning Board review. Within 60 days of receipt of the application from the Town Board, the Planning Board shall make a recommendation to the Town Board as to whether in the opinion of the Planning Board the development master plan meets generally accepted planning and engineering standards for approval and whether is it generally in conformance with the Town Comprehensive Plan. The Planning Board shall also indicate any changes to the development master plan that, in the opinion of the Planning Board, are necessary or desirable to achieve one or more of the goals of the Town Comprehensive Plan, this chapter, or Chapter 103, Subdivision Regulations. Failure of the Planning Board to provide a recommendation within the specified time shall be deemed a recommendation to approve the development master plan.
(c)
Town Board action. Within 62 days of receipt
of a complete application, the Town Board shall hold a public hearing
on the development master plan.
[1]
Notice of the public hearing shall be published
in the official newspaper at least five days prior to the date set
for public hearing. The Town Board may provide that the hearing be
further advertised in such manner as it deems most appropriate for
full public consideration of the application, including the prominent
placement of one or more signs on the premises that is the subject
of the application notifying interested persons that an application
for a development master plan is under consideration by the Board.
All notices shall include the name of the project, the location of
the project site, and the date, place, time and subject of the public
hearing at which the application will be reviewed. Such notice shall
not be required for adjourned dates. Where required an agricultural
data statement shall be mailed to the owners of land as identified
by the applicant in the agricultural data statement.
[2]
Within 62 days of the close of the public hearing
the Town Board shall act to approve or disapprove the development
master plan application. The time within which the Board must render
its decision may be extended by mutual consent of the applicant and
the Board.
[3]
The Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its approval any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, conditions related to visual and acoustical screening, land use mixes, order of construction and/or occupancy, circulation systems, both vehicular and pedestrian, availability of sites within the area for necessary public services, such as schools, firehouses and libraries, protection of natural and/or historic sites and other such requirements to meet the physical or social demands generated by the development. The Town Board shall establish at this time its requirements with respect to land use intensity and/or dwelling unit density, lot and bulk standards, signage standards, and the land uses that will be permitted, including any secondary and accessory uses. In considering the application, the Town Board shall be guided by the criteria in Subsection I below.
[4]
The decision of the Board shall be filed in
the office of the Town Clerk within five business days of the date
such decision is rendered and a copy thereof shall be mailed to the
applicant.
(5)
Time limits.
[Amended 2-8-2012 by L.L. No. 1-2012]
(a)
Following approval of a development master plan by the Town Board, the owner/applicant shall have three years from the date of said approval to commence implementation of the master plan (or a portion thereof) by filing a complete application for site plan and/or subdivision approval with the Planning Board. In the event a complete application is not filed within the prescribed time, approval of the development master plan shall become null and void and all rights therein shall cease unless the Town Board authorizes an extension. A complete application shall be defined as indicated in § 128-22 of this chapter, or as described in § 103-13D or § 103-14H of the Town Code.
(b)
If construction work on the proposed development project is not begun
within the time periods specified in the development master plan approval
or if such work is not completed within the period of time specified
by such development master plan approval, approval of the development
master plan shall become null and void and all rights therein shall
cease unless the Town Board authorizes an extension.
G.
Approval of projects following approval of a development
master plan.
(1)
Site plan approval required. Site plan review and approval by the Planning Board as provided in § 128-71 of this chapter shall be required prior to the issuance of a building permit for development in a Mixed Economic Development District. Changes to a previously approved site plan shall also require site plan approval. The site plan application may address development of a portion of the area covered by a development master plan or it may address development of the whole area covered by the master plan. Development projects that do not require prior approval of a development master plan shall also require site plan approval.
(2)
Subdivision approval. If the development proposal involves a land division or the subdivision of land as defined in this chapter and Chapter 103, Subdivision Regulations, the subdivision approval of the Planning Board pursuant to Chapter 103 shall also be required. Where practicable, the Planning Board shall conduct its review of an application for site plan approval coincident with its review of an application for subdivision approval.
(3)
Conformity with development master plan required.
The Planning Board shall not approve any site plan and/or subdivision
within an area covered by an approved development master plan unless
the Board finds that the site plan and/or subdivision is in substantial
conformance with said master plan and all additional conditions and
requirements imposed by the Town Board at the time of its approval
of the master plan.
H.
Request for changes to the development master plan.
If during the site plan and/or subdivision review it becomes apparent
that certain elements of the development master plan as approved by
the Town Board are infeasible and in need of significant modification,
the applicant shall then present a solution to the Planning Board.
The Planning Board shall then determine whether or not the modified
plan is still in keeping with the intent of the development master
plan approval. If a negative decision is reached, the site plan and/or
subdivision plat shall be considered as disapproved. The owner/applicant
may then produce another site plan and/or subdivision plat in conformance
with the approved development master plan. The owner/applicant may
also apply directly to the Town Board for an amendment to the development
master plan. Any such amendment shall be subject to the same procedures
as a new application.
I.
Design guidelines. The following guidelines shall
be considered by the Town Board in its review of a proposed development
master plan and by the Planning Board in its review of a site plan
and/or subdivision plan. The Town Board and Planning Board shall use
their discretion as to the applicability of these guidelines to redevelopment
projects involving the conversion or the rehabilitation of existing
structures and previously disturbed land areas.
(1)
The development of parks, commons, or small pedestrian
plazas with amenities such as benches and landscaping should be encouraged.
(2)
Where practicable, existing tree rows and hedgerows,
stone walls, and similar features should be retained in the development
of any new use or the expansion of any existing use.
(3)
New buildings, or additions to existing buildings,
should reflect any discernible pattern of window and door openings
that is established among adjacent structures or that is present in
the existing building.
(4)
The construction of any blank, windowless facade facing
a corridor that provides frontage for the lot on which the building
is located should be avoided.
(5)
All streets shall be designed to permit the installation
of electric, water, sewer, and gas and other utilities underground,
either initially or at the time major improvements or upgrades are
made to the street or the particular service.
(6)
The primary entrances to any building should be oriented
to the lot frontage. Secondary entrances should be oriented to parking,
plazas or parks.
(7)
Where practicable, the number of off-street parking
spaces provided should be the minimum necessary to adequately serve
the intended use.
C.
Accessory uses. Uses customarily accessory to and
subordinate to a principal use.
(1)
Location. An accessory building shall not be located
in a front yard setback. An accessory building may be located within
the required side yard or rear yard setback, provided that such accessory
building shall be set back not less than 10 feet from any lot line.
An accessory building shall be located not less than five feet from
the principal structure unless fire rated as per applicable New York
State Building Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2)
Height. An accessory building shall not exceed a height of 18 feet or a height of 50% of the height of the principal structure, whichever is greater. See § 128-10, Exceptions, of this chapter.
(3)
Maximum coverage. The total lot coverage of all accessory
structures shall not exceed 5% of the total lot area.
D.
Specific regulations for the district.
(1)
Buildings, parking areas, access aisles, parking spaces
and outdoor storage areas for nonresidential and nonagricultural uses
located on property adjacent to a residential zoning district shall
be set back no less than 100 feet from the required minimum yard setback
along each yard that abuts said residential district. The one-hundred-foot
additional setback, as well as the minimum yard setback area, shall
be planted with a mixture of evergreen and deciduous plantings at
a height so as to adequately screen the parking area, outdoor storage
and on-site activity from neighboring residential properties and streets.
The species type, location and planted height of such landscaping
shall be subject to the approval of the Planning Board.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2)
All streets shall be designed to permit the installation
of electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
(3)
All equipment, electrical substations, and mechanical
devices shall be shielded from view from the main roadways.
(4)
Warehousing or storage of products for distribution
is permitted. All outdoor storage of goods or materials shall be screened
from view from the main roadways.
E.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any new development project involving undeveloped land in
the Heavy Industrial District. The Planning Board shall use its discretion
as to the applicability of these guidelines to redevelopment projects
involving the conversion or the rehabilitation of existing structures
and previously disturbed land areas.
(1)
Where practicable, existing tree rows and hedgerows,
stone walls, and similar features should be retained in the development
of any new use or the expansion of any existing use.
(2)
Industrial processes and operations should be enclosed.
(3)
Truck loading and unloading are confined to on-site
areas. All loading and unloading areas should be shielded from view
by the main roadways.
(4)
All outdoor storage of goods or materials should be
screened from view from the main roadways.
C.
Accessory uses. Uses customarily accessory to and
subordinate to a principal use.
(1)
Location. An accessory building shall not be located
in a front yard setback. Notwithstanding, a farm stand for the sale
of agricultural products may be located within a front yard setback.
For corner lots, a structure accessory to a single-family or a two-family
residential use may be located in a front yard, opposite the side
yard as determined by the Building Inspector, and shall have a minimum
setback of not less than 20 feet from the front property line. An
accessory building may be located within the required side yard or
rear yard setback, provided that such accessory building shall be
set back not less than five feet from any lot line. An accessory building
shall be located not less than five feet from the principal structure
unless fire rated as per applicable New York State Building Codes.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2)
Height. An accessory building shall not exceed 25 feet in height. Agricultural use buildings may exceed the height regulations applicable to nonagricultural use buildings. See § 128-10, Exceptions, of this chapter.
(3)
Maximum coverage. The total lot coverage of all accessory
structures shall not exceed 5% of the total lot area.
D.
Specific regulations for the district.
(2)
Notwithstanding any other provision of this chapter
to the contrary, site plan review shall be required for all nonagricultural
and nonresidential by-right uses proposed for property located within
100 feet of a residential district.
(3)
Subdivisions are allowed subject to the requirements of Chapter 103, Subdivision Regulations. In addition, residential structures associated with agricultural operations are permitted.
(4)
Buildings, parking areas, access aisles, parking spaces
and outdoor storage areas for nonresidential and nonagricultural uses
located on property adjacent to a residential zoning district shall
be set back no less than 100 feet from the required minimum yard setback
along each yard that abuts said residential district. The one-hundred-foot
additional setback, as well as the minimum yard setback area, shall
be planted with a mixture of evergreen and deciduous plantings at
a height so as to adequately screen the parking area, outdoor storage
and on-site activity from neighboring residential properties and streets.
The species type, location and planted height of such landscaping
shall be subject to the approval of the Planning Board.
[Amended 2-8-2012 by L.L. No. 1-2012]
(5)
All equipment, electrical substations, and mechanical
devices shall be shielded from view from the main roadways.
(6)
Warehousing and storage of products for distribution
is permitted. All outdoor storage of goods or materials shall be screened
from view from the main roadways.
E.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any new development project involving undeveloped land in
the Rural Light Industrial District. The Planning Board shall use
its discretion as to the applicability of these guidelines to redevelopment
projects involving the conversion or the rehabilitation of existing
structures and previously disturbed land areas.
(1)
Encourage the use of farmstead design.
(2)
Where practicable, existing tree rows and hedgerows,
stone walls, and similar features should be retained in the development
of any new use or the expansion of any existing use.
(3)
The creation of a safe pedestrian environment is a
principal goal of the Town. The design of parking lots, access driveways,
and streets shall be designed to avoid and minimize the potential
for pedestrian/vehicle conflicts.
(4)
All streets shall be designed to permit the installation
of electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
(5)
Buildings composed of closed-sided covered structures
are encouraged.
(6)
Truck loading and unloading is confined to on-site
areas. All loading and unloading areas should be screened from view
by the main roadways.
A.
Purpose. Planned development districts (PDD) are intended
as floating zones to provide for new residential uses in which economies
of scale or creative architectural or planning concepts may be utilized
by the developer without departing from the spirit and intent of this
chapter. In no case shall the regulations of this section be so interpreted
as to circumvent the benefits of this chapter to the owners or residents
of such development or the owners or residents of adjacent properties.
Planned development districts and building projects within planned
development districts may be established in accordance with the procedure
specified below.
B.
General regulations.
(1)
Location. Planned development districts may be established at locations designated by the Town Board acting independently or on the basis of an application. In establishing the location of a PDD, compatibility with the Town Comprehensive Plan and the criteria for rezoning found at Subsection C(11) shall be considered.
(2)
Permitted uses. All uses permitted within a planned
development district shall be determined by the provisions of this
section and the district plan approved at the time of rezoning to
PDD. Permitted uses shall consist of primary uses, secondary uses
and accessory uses as described below:
(a)
Primary uses. Residential uses shall constitute
the primary uses permitted in a PDD. Residences may be any of a variety
of dwelling unit types as identified below. In developing a balanced
community, the use of a variety of housing types shall be deemed most
in keeping with this section:
[1]
Single-family dwellings.
[2]
Two-family dwellings.
[3]
Three-family dwellings.
[4]
Four-family dwellings.
[5]
Multifamily dwellings.
[6]
Senior citizen housing.
[7]
Assisted and/or assistive living facilities.
[8]
Any other residential use recommended by the
Planning Board and approved by the Town Board.
(b)
Secondary noncommercial uses. Secondary uses
may consist of noncommercial religious, recreational, educational
or community service uses specifically approved by the Town Board
as part of a district plan. Such uses may include the following:
(c)
Secondary commercial and service uses.
[1]
Neighborhood commercial and service business
uses are permitted where:
[a]
The scale of such uses is compatible
with the scale and character of the planned development district and
its surrounding neighborhoods;
[b]
The uses can reasonably be expected
to provide goods and/or services to surrounding residential neighborhoods;
and
[c]
Such uses are specifically approved
by the Town Board as part of the rezoning and district plan.
[2]
The total floor area of all structures devoted
to secondary commercial and service uses shall not exceed 20% of the
total floor area of all structures in the PDD.
(3)
Intensity of land use. The Town Board shall, at the time of rezoning to PDD, and after recommendation from the Planning Board, establish as part of the district plan for each PDD the permitted land use intensity and/or dwelling unit density for the PDD. The determination of dwelling unit density shall be documented, including the facts, opinions and judgments relied on in the selection of the density. In no case shall the permitted density exceed the maximum density established at Subsection H of this section.
(4)
Common property in a planned development district.
Common property in a planned development district may consist of a
parcel or parcels of land, together with improvements thereon, the
ownership, use and enjoyment of which are shared by the individual
lot owners and/or occupants of the district. When common property
exists, arrangements satisfactory to the Town Board must be made for
the improvement, operation and long-term maintenance of such common
property following procedures approved by the New York State Attorney
General. Responsibility for ownership and maintenance of all common
property and facilities must be explicitly established by a legally
binding instrument acceptable to the Town Attorney. For the purpose
of this subsection, "common property" shall include both the land
and any private facilities and/or improvements located thereon, including
but not limited to private streets, driveways, infrastructure, parking
areas, open space and recreation areas.
C.
Establishment of a planned development district.
(1)
Application. Application for establishment of a planned
development district by amendment of this chapter shall be made in
writing to the Town Board. Application shall be made by the owner(s)
of the land(s) to be included in the district or by a person or persons
holding an option to purchase the lands contingent only upon approval
of the application for the change of zone. In the event an application
is made by a person or persons holding an option to purchase the lands,
the application shall be accompanied by a statement signed by all
owners of such land indicating concurrence with the application.
(2)
Application materials and district plan. In order
for the Town Board to reach an understanding of the appropriateness
of rezoning at the earliest opportunity, the applicant shall submit
a district plan of the proposed PDD in sufficient quantity as determined
by the Town. The district plan to be complete shall consist at minimum
of the following:
(a)
A metes and bounds description of the proposed
district.
(b)
A survey of the parcel prepared and certified
by a licensed land surveyor.
(c)
A map drawn to scale showing existing conditions
of the parcel, including:
[1]
Name and address of owner of record (and applicant
if different).
[2]
Name of person or firm preparing the map.
[3]
Date, North arrow and map scale.
[4]
Names of owners of abutting parcels.
[5]
Acreage of parcel and county tax map number.
[6]
Boundaries of the parcel plotted to scale.
[7]
Location and width of existing and proposed
state, county, or Town highways or streets and rights-of-way abutting
or within 200 feet of the parcel.
[8]
Location and outline of existing structures
both on the parcel and within 100 feet of the property line.
[9]
Location of any existing storm or sanitary sewers,
culverts, waterlines, hydrants, catch basins, manholes, etc., as well
as other underground or aboveground utilities within or adjacent to
the parcel.
[10]
Existing zoning and location of zoning boundaries.
[11]
Location and outline of existing water bodies,
streams, marshes or wetland areas and their respective classification
as determined by the appropriate governmental regulatory body.
[12]
Approximate boundaries of any areas subject
to flooding or stormwater overflow.
[13]
Location and outline of existing clusters of
vegetation extending for a distance of no less than 50 feet onto adjoining
property.
[14]
Freestanding trees with a caliper of 18 inches
or greater located within the parcel.
[15]
Existing contours at an interval of five feet
(or less) and extending for a distance of no less than 50 feet onto
adjoining property. (Note: Two-foot contour intervals will be required
at the time of detailed site plan or subdivision review of the project.
To the extent that a two-foot contour interval is available, or has
been obtained, the applicant is encouraged to submit this information
at the redistricting phase of the review.)
[16]
Identification of any other significant natural
features.
[18]
A map depicting the total developable acreage
of the project site.
(d)
A preliminary plan for development of the district,
drawn approximately to scale, though it need not be to the precision
of a finished engineering drawing, clearly showing the following:
[1]
The approximate location and dimensions of proposed
principal and accessory buildings on the site, their relationship
to one another and to other structures in the vicinity, as well as
the number of dwelling units by housing type, size, and number of
bedrooms, plus a calculation of the density, in dwelling units per
acre.
[2]
The location, scale, approximate dimensions,
floor area, and type of any secondary commercial, service or other
nonresidential use proposed for the site and its relationship to residential
uses and adjoining properties.
[3]
The approximate location, layout and dimensions
of vehicular traffic circulation features of the site, including proposed
roadways, internal driveways, parking and loading areas and proposed
access to the site.
[4]
The approximate location, type, layout and nature
of proposed pedestrian circulation systems on the site.
[5]
The proposed location, type and layout and approximate
size of playgrounds, recreational areas, and open space proposed for
the site and the general location of such facilities in respect to
the proposed buildings to be erected on the site.
[6]
The approximate height, bulk and intended use
of buildings on the site and an architectural concept plan prepared
in sufficient detail to show the mass, form and general architectural
style of proposed buildings on the site and their compatibility with
nearby land uses. Single-family detached homes shall be exempt from
this requirement unless the Planning Board or Town Board specifically
requires an architectural concept plan for such housing.
[7]
The proposed safeguards to be provided to minimize
possible detrimental effects of the proposed development on adjacent
properties and the neighborhood in general, including any proposed
concept plan for landscaping, tree preservation and/or for buffering
to adjacent properties.
[8]
The proposed source of water supply and how
it will be brought to the site, including a preliminary plan for distribution
within the development.
[9]
A preliminary plan for the collection and disposal
of sanitary wastes from the site.
[10]
A preliminary stormwater management plan for the property, showing the proposed stormwater collection and management system, including discharge points and provisions intended for MS4 Phase II Stormwater compliance pursuant to General Permit GP-02-01, any renewals and extensions thereto and Chapter 98 of the Code of the Town of Bethlehem.
[Amended 11-14-2007 by L.L. No. 7-2007]
[11]
A preliminary site grading plan at intervals
of five feet or less.
[12]
Approximate location of land to be dedicated
to the Town.
[13]
Preliminary identification of areas that will
be disturbed by project implementation and areas that will remain
undisturbed.
[14]
Other information as may be required by the
Town Board or Planning Board.
(e)
A vicinity map showing the proposed use in relation
to existing zoning and land use within 1/4 mile of the site.
(f)
A narrative describing the proposed project,
including the desirability and/or public benefit of the proposed land
use in the proposed location; the existing character, land use and
zoning of the surrounding neighborhood; and the need for the project
in the context of the Comprehensive Plan.
(g)
A completed application form and full environmental
assessment form.
(h)
A fiscal impact analysis of the proposed project as compared to development
of the site under its current zoning classification.
[Added 2-8-2012 by L.L. No. 1-2012]
(3)
SEQRA review for rezoning to PDD. As the agency "principally
responsible for undertaking, funding or approving" [6 NYCRR 617.2(u)]
the PDD zoning amendment, the Town Board is hereby designated the
lead agency pursuant to 6 NYCRR 617 for review of all applications
to establish or amend a PDD or district plan. No application shall
be deemed complete until a negative declaration has been issued or
until a draft environmental impact statement has been accepted by
the Town Board as satisfactory with respect to scope, content and
adequacy. The SEQRA review shall be processed in accordance with 6
NYCRR Part 617 and in accordance with the following:
(a)
Town Board as lead agency. The Town Board shall
assume and shall carry out all of the required duties of a lead agency
as specified in 6 NYCRR 617, including but not limited to issuance
of a determination of significance, adoption of a negative declaration,
scoping, determining the completeness of a draft and a final environmental
impact statement (EIS), convening of a public hearing on a draft EIS,
and adoption of a findings statement. In performing these duties the
Town Board shall, as early in the consideration of the project as
possible, rely on the expertise of the Planning Board and the Department
of Economic Development and Planning to identify the relevant environmental
issues and the severity of potential impacts associated with the PDD
application. The Town Board may, consistent with the requirements
of SEQRA, adopt the recommendations of the Planning Board and/or the
Department on any matter related to the environmental review, including
the implementation of project changes or mitigation measures to avoid
or to minimize the potential adverse environmental effects of the
PDD project.
(b)
Planning Board as involved agency. As an involved agency the Planning Board has the responsibility to review the potential environmental effects of the proposed PDD; provide the Town Board with its recommendation and any supporting information it may have that may assist the Board in making its determination of significance; identify during the scoping process potentially significant adverse impacts that should be considered in the DEIS; review and comment in a timely manner on the EIS if it has concerns which need to be addressed; and participate as may be needed in any public hearing. The Planning Board shall, pursuant to Subsection C(6)(a), make a recommendation to the Town Board as to whether a draft EIS should be prepared and shall include a written statement of reasons to support its recommendation.
(c)
Department of Economic Development and Planning.
As an interested agency the Department has a responsibility to the
Town Board to make known its views on the action, particularly with
respect to matters related to zoning compliance, engineering and public
safety matters within its expertise and jurisdiction.
(4)
Application fees. An application shall be accompanied
by an application fee as set by the Town Board. All application fees
are in addition to any required escrow fees and do not cover the cost
of environmental review. The applicant shall be responsible for the
total cost of environmental reviews that are determined to be necessary
to meet the requirements of the State Environmental Quality Review
Act (SEQRA). In addition, if the Board requires professional review
of the application by designated private planning, engineering, legal
or other consultants, or if it incurs other extraordinary expense
to review documents or conduct special studies in connection with
the proposed application, the reasonable cost of said reviews shall
be funded by the applicant with deposits made to an escrow account
established for this purpose.
(5)
Initial determination and Planning Board referral.
Upon receipt of a proposed district plan and application to establish
a PDD, the Town Board shall determine whether or not it will further
consider the PDD application. If the Town Board determines that the
application will be further considered it shall refer the application,
including the proposed district plan, SEQRA documentation and related
materials, to the Planning Board for a recommendation on both the
proposed zoning amendment and SEQRA determination of significance.
(6)
Planning Board review.
(a)
SEQRA recommendation and review period.
[Amended 10-8-2008 by L.L. No. 3-2008]
[1]
The Planning Board shall, within 120 days of
the date of referral, issue a report to the Town Board recommending
a SEQRA determination of significance and shall provide supporting
reasons for its recommendation. In making its recommendation, the
Planning Board shall consider the guidelines and criteria for determining
significance found at 6 NYCRR Part 617.7. If the Planning Board determines
that there is insufficient information upon which to base a recommendation
it shall so notify the Town Board within 120 days of the date of referral
and shall specify the additional information that it will require
to make such recommendation. Notwithstanding the provisions of this
subsection, the Planning Board and applicant may by mutual consent
agree to an extension of the period for Planning Board review. Where
an extension of time has been granted by the Planning Board or where
the Planning Board has notified the Town Board that there is insufficient
information upon which to base its recommendation, the time frames
for action by the Planning Board and Town Board shall be extended
accordingly.
[2]
Exception. The Planning Board may forego consideration
and issuance of a recommendation on the SEQRA determination of significance
in instances where the Planning Board has determined that it will
recommend denial of the zone change request. In such instances, the
Planning Board shall issue its recommendation on the proposed zone
change within the above-noted time period of 120 days.
(b)
Zoning recommendation and review period. Subsequent
to making its recommendation on a SEQRA determination of significance,
the following procedures and time periods shall apply to the Planning
Board's consideration of the zoning amendments:
[1]
Negative declaration. Where the Planning Board
has recommended that a negative declaration be issued on the PDD application,
the Planning Board shall, within 31 days of issuing said recommendation,
also issue a report to the Town Board recommending that the zone change
request be approved, approved with modifications, or denied. If the
Planning Board determines that the preliminary district plan is not
adequate upon which to render a recommendation, it shall so notify
the Town Board within the thirty-one-day period and shall specify
the additional information that it will require to make such recommendation.
Notwithstanding the provisions of this subsection, the Planning Board
and applicant may by mutual consent agree to an extension of the thirty-one-day
period for Planning Board review. Where an extension of time has been
granted by the Planning Board, or where the Planning Board has notified
the Town Board that the preliminary district plan is inadequate, the
time frames for action by the Planning Board and Town Board shall
be extended accordingly. If no report has been rendered by the Planning
Board after 31 days, and the Planning Board has not otherwise notified
the Town Board that the preliminary district plan is inadequate, the
applicant may proceed as if a favorable report were issued on the
zoning amendment.
[2]
Positive declaration. Where the Planning Board
has recommended that a positive declaration be issued on the PDD application,
the Planning Board may withhold its recommendation on the proposed
rezoning until such time it has sufficient information (which may
in part include information contained in the EIS) to reasonably make
its recommendation. In the event that the Planning Board withholds
its recommendation on the zoning amendment, the Planning Board shall
state its reasons and instead provide to the Town Board, within 31
days of issuing its recommendation on the positive declaration, a
preliminary opinion on the proposed zoning amendment and whether or
not the proposed PDD and district plan might constitute an appropriate
land use at the proposed location. In rendering its preliminary opinion,
the Planning Board may attach to such opinion any reasons or qualifications
it deems appropriate.
[3]
Nothing contained herein shall be construed
to prevent the Planning Board from issuing its recommendation on the
zoning amendment simultaneously with its recommendation for a negative
declaration or positive declaration.
(c)
In its review of the application, the Planning
Board may require such changes in the district plan it finds necessary
or desirable to meet the requirements of this chapter, to promote
the objectives of the Comprehensive Plan, to protect the established
or permitted uses in surrounding neighborhoods, and/or to promote
the orderly growth and sound development of the Town. The Planning
Board shall notify the applicant of such changes and discuss the changes
with the applicant.
(d)
The applicant may submit to the Planning Board
revised district plans incorporating the changes required. Such resubmission
shall be made within a time period as may be allowed by the Planning
Board after notification by the Board. If such resubmission is not
made, the Planning Board shall note the required changes and the failure
to make said changes in its report to the Town Board.
(e)
In order to incorporate in the district plan
significant changes of the applicant's own making, the applicant shall
withdraw from the Planning Board the district plans referred to said
Board by the Town Board and submit a revised application and plans
to the Town Board for review as provided herein. What constitutes
a significant change shall be a determination of the Planning Board.
(7)
Planning Board action. The Planning Board shall make a favorable or unfavorable recommendation on the application and shall report its findings to the Town Board. In making its recommendation to the Town Board, the Planning Board shall consider the criteria for rezoning found at Subsection C(11) of this section.
(a)
Favorable report. A favorable recommendation to approve a PDD, or approve with modifications, shall not constitute nor imply approval of a site plan or subdivision for the area included in the application, nor shall it constitute an action under the State Environmental Quality Review Act. In issuing a favorable report, the Planning Board shall identify and provide its opinion as to what criteria at Subsection C(11) are satisfied by the application, what criteria are not satisfied, and the reasons for each.
(b)
Unfavorable report. An unfavorable report recommending that the rezoning be disapproved shall state clearly the reasons therefor, including any inconsistencies with the criteria found at Subsection C(11), and, if appropriate, may point out to the applicant what might be necessary in order to receive a favorable report.
(8)
Town Board review.
(a)
Favorable report. Upon receipt of a favorable
report from the Planning Board, the Town Board shall set a date for
and conduct a public hearing for the purpose of considering the proposed
rezoning to planned development district. In accordance with the procedures
established under §§ 264 and 265 of Town Law, said
public hearing shall be conducted within 62 days of the receipt of
the favorable report.
(b)
Unfavorable report. In the event of an unfavorable
report from the Planning Board recommending that the rezoning be disapproved,
the Town Board shall, at its discretion, either deny the application
at this time or proceed with the application and hold a public hearing,
which it is entitled to do notwithstanding receipt of an unfavorable
recommendation from the Planning Board.
(9)
Town Board action. Upon completion of the public hearing
the Town Board shall act to approve or disapprove the rezoning application,
including the district plan for development of the PDD. If the Town
Board grants the rezoning to planned development district, the Zoning
Map shall be so amended. The Town Board may attach to its zoning amendment
any additional conditions or requirements that it deems necessary
to fully protect the public health, safety and welfare of the community.
Such requirements may relate to, but are not confined to, visual and
acoustical screening, land use mixes, order of construction and/or
occupancy, circulation systems, both vehicular and pedestrian, availability
of sites within the area for necessary public services, such as schools,
firehouses and libraries, protection of natural and/or historic sites
and other such physical or social demands or impacts generated by
the project. As part of its approval of the zoning amendment and district
plan the Town Board shall establish the specific land use and lot
and bulk requirements that will apply to the PDD. These requirements
may include but are not limited to the mix of land uses that will
be permitted, the permitted intensity of land use or dwelling unit
density, the required setbacks, requirements regarding signs, parking,
landscaping and buffers, or such other requirements for development
of the district that the Town Board deems appropriate.
(10)
The district plan and all conditions and requirements
approved by the Town Board as part of the rezoning shall be binding
on all land and owners within the district and their successors and
assigns, unless specifically amended by the Town Board.
(11)
Criteria for rezoning to planned development
district. In determining whether or not to approve a planned development
district, the Town Board shall consider the extent to which, consistent
with the intent and objectives of this chapter, the proposed PDD and
district plan meet the following criteria:
(a)
The proposal should conform to the Town Comprehensive
Plan.
(b)
The proposal should meet the purposes of this
section.
(c)
The proposal should meet a community need or
otherwise provide a significant benefit to the community and conform
to accepted design principles in the proposed functional roadway system,
land use configuration, open space system, drainage system and scale
of the elements.
(d)
There should be adequate public services and
utilities available or proposed to be made available in the construction
of the development.
(e)
The site should be served by both public water
and public sanitary sewer facilities, and said facilities shall be
adequate to accommodate the additional demand placed upon them by
the proposed development.
(f)
The site should be well-drained, and stormwater
generated by development of the site should not place an undue burden
on existing facilities or contribute to downstream flooding.
(g)
The site should be located in an area suitable
for residential purposes and should be reasonably free of objectionable
conditions, such as odors, noise, dust, air pollution, high traffic
volumes, incompatible land uses and other environmental constraints.
(h)
The site should be located within reasonable
proximity to public transportation service, or, in the alternative,
shuttle bus or other transportation service should be available to
the site.
(i)
The site should be located such that access
to it can be obtained from a public street that meets current engineering
standards of the Town with respect to roadway width and alignment
and acceptable sight distances can be developed at the site entry/exit
and at intersections in the vicinity of the site.
(j)
The architectural style of the proposed development,
including exterior materials, finishes, color and the scale of the
buildings, should be consistent with existing community and neighborhood
character.
(k)
The development of the site should not produce
undue adverse effects on the surrounding neighborhood.
(l)
To the extent affordable housing is made available,
the scope and design of the project should establish a worthwhile
asset for the area of the Town in which it is located and the community
as a whole.
D.
Approval of building projects within a planned development
district.
(1)
Site plan approval required.
(a)
Site plan review and approval by the Town Planning Board as provided in § 128-71 of this chapter shall be required prior to development of any lot, plot or parcel of land in a planned development district. Changes to a previously approved site plan shall also require site plan approval. The site plan application may address development of the district as a whole or it may address the development of a portion of the PDD.
(2)
Subdivision approval. If the proposed development of the PDD involves a land division or the subdivision of land as defined in this chapter and Chapter 103, Subdivision Regulations, subdivision approval by the Planning Board pursuant to Chapter 103 shall also be required. Where practicable, the Planning Board shall conduct its review of an application for site plan approval coincident with its review of an application for subdivision approval.
(3)
Conformity with district plan required. The Planning
Board shall not approve any site plan and/or subdivision within a
planned development district unless said Board finds that the site
plan and/or subdivision is in substantial conformance with the district
plan that served as the basis for the zone change to PDD.
(4)
SEQRA compliance. In approving a site plan and/or subdivision within a planned development district, the Planning Board shall ensure that the mitigation measures or project changes identified in the environmental review pursuant to Subsection C(3) of this section have been incorporated into the approved project plans and shall, consistent with 6 NYCRR 617.3(b), impose substantive conditions on the PDD project plans to ensure that the requirements of the findings statement or the conditioned negative declaration adopted by the Town Board are satisfied.
(5)
Performance surety. Before granting site plan or subdivision
approval for a building project within a PDD, the Planning Board may
require the applicant to furnish a surety in connection with the construction
involved in the preparation of the building project site and/or in
connection with construction of buildings. The form and amount of
such surety, and the amount of any liability insurance to be furnished,
shall be determined by the Planning Board.
(6)
Time limits. If construction work on the proposed
building project is not begun within the time limits specified in
the site plan and/or subdivision approval or if such work is not completed
within the period of time specified by such site plan and/or subdivision
approval, said approval shall become null and void and all rights
therein shall cease unless the Planning Board, for good cause, authorizes
an extension.
(7)
Conditions. All conditions imposed by the Town Board
in granting the zoning change to PDD, including those the performance
of which are conditions precedent to the issuance of any site plan
or subdivision approval necessary for the development of any part
of the entire site, shall run with the land and shall not lapse or
be waived as a result of any subsequent change in the tenancy or ownership
of any or all of the area.
(8)
Building permits. Applications for building permits
for each structure in a PDD shall be made to the Building Department
and shall be subject to all rules and regulations of the Town pertaining
to the issuance of such building permits.
E.
Request for changes in district plan.
(1)
Planning Board authority. If in the site plan and/or
subdivision review it becomes apparent that certain elements of the
site plan or subdivision do not conform to the district plan, as it
has been approved by the Town Board, or where it is shown that certain
elements of the district plan are unfeasible and in need of modification,
the applicant shall present the proposed changes to the Planning Board.
The Planning Board shall then determine whether or not the proposed
modifications to the district plan are significant, or whether the
modifications are still in keeping with the intent of the zoning amendment
that established the PDD.
(a)
If the Planning Board finds that the proposed
modifications are not in substantial conformance with the district
plan, the site plan and/or subdivision shall be considered as disapproved.
The developer may then, if he wishes, produce another site plan in
conformance with the approved district plan.
(b)
If the Planning Board finds that the proposed
modifications are in substantial conformance with the district plan,
the Planning Board may approve said modifications as part of its site
plan and/or subdivision approval, provided that the Board makes written
findings identifying the approved modifications and the justification
for each. If an affirmative decision is reached, the Planning Board
shall so notify the Town Board, stating all of the particulars of
the matter and its reasons as to why the project should be continued
as modified.
(2)
Town Board application. Nothing contained in the preceding
subsections shall prevent an owner/applicant from making application
directly to the Town Board for an amendment to the district plan.
Said applications should be reserved for significant changes in concept
and design of the PDD. Applications to the Town Board for amendment
of an approved district plan shall be processed in the manner of the
original application that established the district.
F.
Procedures in planned development districts established
prior to the effective date of this section.
(1)
Application for approval of a new building project or for amendment to an existing building project in a PDD that was established prior to the effective date of this section shall be processed in the manner prescribed at Subsection D preceding, except that the initial application shall be made in writing to the Town Board, which shall then refer the application to the Planning Board for site plan and/or subdivision review and a recommendation on whether to approve, approve with modifications or disapprove the application. The Planning Board's role in the review of the building project shall be advisory in nature, and final approval authority shall rest with the Town Board.
(a)
Exception. No approval shall be required for amendment to an
existing building project where such amendment entails the construction
of decks, screened porches, sunrooms or sheds, or minor modifications
of a similar nature that are incidental to the use or purpose of the
building project, as determined by the Building Inspector, provided
such construction complies with the use, area, yard and bulk requirements
established in the Building Project Approval (BPA), any specific conditions
of the BPA related to such improvements and any applicable requirements
of the Town Code, including building permit requirements.
[Added 12-14-2016 by L.L.
No. 5-2016]
G.
Effect on previously established planned development
districts and building projects. For planned development districts
and building projects that were approved prior to the effective date
of this chapter, the use, area, yard and bulk requirements and all
conditions of the approval that were established by the Town Board
at the time of rezoning or granting of the building project approval
shall remain in full force and effect unless specifically amended
by the Town Board.
H.
Bulk regulations. For planned development districts
the area, density and yard dimension regulations shall be as set forth
below:
(1)
Minimum area. The minimum area for establishment of a PDD is five acres. The calculation of area for a planned development district shall not include existing easements, existing parks, and existing streets or otherwise dedicated land; water areas in excess of 5% of the minimum gross acreage; lands designated on the Official Map for public purposes; or constrained lands as defined at § 128-22 of this chapter.
[Amended 2-8-2012 by L.L. No. 1-2012]
(2)
Yard dimensions. Except as may otherwise be determined
by the Town Board, the minimum setback along the perimeter of the
PDD shall not be less than 50 feet. This setback shall apply to parking
areas, buildings and other similar structures. Where the PDD abuts
a Residential "A," Residential "B," Residential "C," Core Residential
or Rural Riverfront District, the minimum yard setback area shall
be planted with a mixture of evergreen and deciduous plantings at
a height so as to provide, as much as practicable, a visual screen
of the buildings and parking areas from neighboring properties and
streets. The species type, location and planted height of such landscaping
shall be subject to the approval of the Planning Board. This setback
shall not apply to driveways, streets, utility rights-of-way or similar
crossings that the Planning Board determines necessary in providing
access to the PDD.
[Amended 10-8-2008 by L.L. No. 3-2008]
(3)
Front yard.
[Amended 10-8-2008 by L.L. No. 3-2008]
(a)
Except as may otherwise be determined by the
Town Board, all buildings, including porches, hereafter erected shall
have a minimum required front yard which shall be 60 feet from the
center line of the pavement or roadway of the street or highway on
which the building fronts or 35 feet from the street or highway property
line of the street or highway on which the building fronts, whichever
develops the greater front yard.
(b)
Such buildings erected on a corner lot shall
also have a front yard facing the side street or highway. Except as
may otherwise be determined by the Town Board, this front yard shall
also have a minimum dimension of 60 feet measured from the center
line of the pavement or roadway of said side street or highway or
35 feet from the street or highway property line of said side street
or highway, whichever develops the greater front yard.
(4)
Height. Height of a building in planned development
districts shall not exceed 40 feet.
(5)
Ingress and egress. Locations for ingress and egress
shall be approved by the Town Board and shall be so arranged as to
connect with existing state, county or Town highways or proposed Town
highways.
(6)
Off-street parking in planned development districts
shall conform to the requirements of the Schedule of Off-Street Parking
of this chapter.[1] Parking areas shall provide the necessary space for maneuvering
and driving. Where aisles are planned or indicated in such parking
areas, said aisles shall be not less than 25 feet in width. In addition:
(a)
Where a parking area is located in the front
yard such parking shall be separated from the street or highway right-of-way
by a lawn or planting area 20 feet or more wide. This provision shall
not apply to single-family detached homes or other dwelling unit types
where individual driveway access is provided to the dwelling unit.
(b)
Parking and loading areas in a planned development
district shall be adequately screened from any adjacent residence
district.
[1]
Editor's Note: See § 125-56, Off-street
parking and loading.
(7)
Maximum dwelling unit density. The maximum dwelling
unity density in a PDD shall be five units per acre for detached single-family
dwelling units and eight dwelling units per acre for attached single-family,
two-family, three-family, four-family and multifamily dwelling units.
The calculation of permitted density shall not include constrained
lands.
[Added 12-14-2016 by L.L.
No. 5-2016]
A.
Purpose. Planned hamlet districts are intended as floating zones
to provide for mixed residential and commercial uses in a compact
hamlet-like setting that encourages pedestrian activity using traditional
hamlet design principals. Typically, such districts would contain
mixed-use buildings with retail, personal service, restaurant and
related uses on the ground floor, and residential and/or office uses
in the upper floors. Expected features of the district include buildings
fronting up close to and with entrances and fenestration orientated
toward the street, curbside parking and/or parking to the rear of
structures in shared parking facilities, sidewalks, pedestrian-scale
street lighting, street trees, street furniture and public spaces,
and pedestrian connections to surrounding neighborhoods. Land uses
that cater to patrons in their automobile with drive-through or similar
facilities are discouraged. In no case shall the regulations of this
section be so interpreted as to circumvent the benefits of this chapter
to the owners or residents of such development or the owners or residents
of adjacent properties. Planned hamlet districts and building projects
within planned hamlet districts may be established in accordance with
the procedure specified below.
B.
General regulations.
(1)
Location. Planned hamlet districts may be established at locations designated by the Town Board acting independently or on the basis of an application. In establishing the location of a PHD, compatibility with the criteria for rezoning found at § 128-40C(11) of this chapter, the Town Comprehensive Plan and other applicable Town planning and policy documents, including, but not limited to, those cited at § 128-71E(14) of this chapter, shall be considered.
(2)
Permitted uses. All uses permitted within a planned hamlet district shall be determined by the provisions of this section and the district plan approved at the time of rezoning to PHD. Permitted uses shall consist of commercial, residential, noncommercial and accessory uses as described below. In authorizing a PHD the Town Board shall establish a commercial floor area standard specifying the minimum percentage of gross floor area within the PHD that shall be devoted to commercial uses (see § 128-41B(5)).
(a)
Commercial uses. Permitted commercial uses shall include those
uses identified below.
[1]
Bank or financial institution, no drive-through.
[2]
Business office.
[3]
Bed-and-breakfast.
[4]
Day-care center.
[5]
Fitness club.
[6]
Inn.
[7]
Laundry, dry cleaning service.
[8]
Professional offices.
[9]
Restaurant, no drive-through.
[10]
Retail business, no drive-through.
[11]
Service business.
[12]
Wellness center.
[13]
Any other commercial use recommended by the Planning
Board and approved by the Town Board.
(b)
Residential uses. Permitted residential uses shall include those
uses identified below:
(c)
Noncommercial uses. As part of its approval of the District Plan, the Town Board may also specifically authorize as a permitted use certain noncommercial religious, recreational, educational or community service uses as recommended by the Planning Board. In authorizing such uses, the Town Board shall determine whether the square footage devoted to each such use can be credited toward meeting the commercial floor area standard (see § 128-41B(5)) established by the Town Board at the time of rezoning to PHD. Such uses may include, but not be limited to, the following:
(d)
Customary accessory uses. Uses that are customary, incidental and subordinate to the principal use of a lot within the PHD shall also be permitted on said lot. See Article IV of this chapter, Definitions.
(e)
Timing of construction of commercial uses. Within the geographic area covered by the PHD, at no time shall the total amount of commercial floor area, measured as a percentage of total floor area of all uses in the PHD, whether constructed or under construction, be less than the commercial floor area standard established by the Town Board at the time of rezoning to PHD (see § 128-41B(5)).
(3)
Intensity of land use. The Town Board shall at the time of rezoning
to PHD, and after recommendation from the Planning Board, establish
as part of the district plan for each PHD the permitted land use intensity
and/or dwelling unit density for the PHD. The determination of dwelling
unit density shall be documented, including the facts, opinions and
judgments relied on in the selection of the density.
(4)
Common property in a planned hamlet district. Common property in
a planned hamlet district may consist of a parcel or parcels of land,
together with improvements thereon, the ownership, use and enjoyment
of which are shared by the individual lot owners and/or occupants
of the district. When common property exists, arrangements satisfactory
to the Town Board must be made for the improvement, operation and
long-term maintenance of such common property following procedures
approved by the New York State Attorney General. Responsibility for
ownership and maintenance of all common property and facilities must
be explicitly established by a legally binding instrument acceptable
to the Town Attorney. For the purpose of this paragraph common property
shall include both the land and any private facilities and/or improvements
located thereon, including, but not limited to, private streets, driveways,
infrastructure, parking areas, open space and recreation areas.
(5)
Commercial floor area standard. Not less than 15% of the total gross
building floor area within a PHD shall be devoted to commercial uses.
Notwithstanding, the Town Board may modify this standard at the time
of rezoning to PHD where the applicant demonstrates and the Town Board
finds that the standard is unreasonable as applied to the PHD because
of real estate market conditions, project location or other relevant
factors.
C.
Establishment of a planned hamlet district. A planned hamlet district shall be established in the same manner and following the same procedures as those to establish a planned development district. The procedures for establishing a planned hamlet district shall be as described in § 128-40C of this chapter. In interpreting the requirements of § 128-40C, the term planned hamlet district (PHD) shall be substituted for the term planned development district (PDD).
(1)
Additional criteria for rezoning. In addition to the criteria for rezoning listed at § 128-40C(11) of this chapter, in considering whether to rezone a property to planned hamlet district the Town Board shall also consider whether the district plan for development of the property incorporates and is generally consistent with the design guidelines for hamlet districts found at § 128-33E of this chapter.
D.
Approval of building projects within a planned hamlet district. The review and approval of building projects within a planned hamlet district shall follow the same procedures as those for review and approval of building projects within a planned development district. The procedures for review and approval of building projects shall be as described in § 128-40D of this chapter. In interpreting the requirements of § 128-40D, the term planned hamlet district (PHD) shall be substituted for the term planned development district (PDD).
E.
Changes in district plan. Any proposed changes to an approved district plan in a planned hamlet district, or inconsistencies with such plan that are uncovered by the Planning Board during site plan or subdivision review, shall be processed in the same manner as changes to a district plan in a planned development district. The procedures for processing changes in a district plan shall be as described in § 128-40E of this chapter. In interpreting the requirements of § 128-40E, the term planned hamlet district (PHD) shall be substituted for the term planned development district (PDD).
F.
District standards. The standards for development in a planned hamlet
district are as set forth below. Notwithstanding, the Town Board may
modify these standards at the time of approval of the district plan
where it finds that such modification would result in an improved
district design that better serves the purpose of the planned hamlet
district classification.
(1)
Lot and bulk standards. For planned hamlet districts, the area, density
and yard dimension standards shall be as set forth below:
(a)
Minimum area. The minimum area for establishment of a PHD is five acres. The calculation of area for a planned hamlet district shall not include easements, existing parks, and existing streets or otherwise dedicated land; water areas in excess of 5% of the minimum gross acreage; lands designated on the Official Map for public purposes; or constrained lands as defined at § 128-22 of this chapter.
(b)
Minimum district yard dimension. Except as may otherwise be
determined by the Town Board, the minimum setback along the perimeter
boundary of the PHD shall not be less than 50 feet. This setback shall
apply to parking areas, buildings and other similar structures. Where
the PHD abuts a Residential A, Residential B, Residential C, Core
Residential or Rural Riverfront District, the minimum yard setback
area shall be planted with a mixture of evergreen and deciduous plantings
at a height so as to provide, as much as practicable, a visual screen
of the buildings and parking areas from neighboring properties and
streets. The species type, location and planted height of such landscaping
shall be subject to the approval of the Planning Board. This setback
shall not apply to driveways, streets, utility rights-of-way or similar
crossings that the Planning Board determines necessary in providing
access to the PHD. In addition, the district yard requirement shall
not apply where the PHD district boundary coincides with or abuts
an existing or proposed public street right-of-way.
(c)
Minimum front yard. Except as may otherwise be determined by
the Town Board, all buildings, including porches, hereafter erected
shall have a minimum required front yard, which shall be 35 feet from
the center line of the pavement or roadway of the street or highway
on which the building fronts or 10 feet from the street or highway
property line of the street or highway on which the building fronts,
whichever develops the greater front yard. Corner lots and through
lots shall comply with the minimum front yard setback along the frontage
of all streets on which they front.
(d)
Minimum side yard. The minimum required side yard in a PHD shall
be zero feet. However, if a side yard is provided, it shall be no
less than five feet.
(e)
Minimum rear yard. The minimum required rear yard in a PHD shall
be 40 feet.
(f)
Minimum frontage. The minimum highway frontage for any lot in
a PHD shall be 40 feet. Notwithstanding, the minimum highway frontage
for single-family attached units shall be 35 feet for end units and
25 feet for interior units.
(g)
Minimum lot width. The minimum width for any lot in a PHD shall
be 50 feet. Notwithstanding, the minimum lot width for single-family
attached units shall be 35 feet for end units and 25 feet for interior
units.
(h)
Minimum lot depth. The minimum depth for any lot in a PHD shall
be 100 feet.
(i)
Minimum lot area. The minimum lot area for any lot in a PHD
shall be 5,000 square feet. Notwithstanding, the minimum lot area
for single-family attached units shall be 3,500 square feet for end
units and 2,500 square feet for interior units.
(j)
Maximum lot coverage. Maximum lot coverage in a PHD shall be
75%.
(k)
Maximum height. Height of a building in planned development
districts shall not exceed 35 feet.
(l)
Maximum dwelling unit density. The maximum dwelling unit density
in a PHD shall be 15 dwelling units per acre for attached single-family,
four-family and multifamily dwelling units. The calculation of permitted
density shall not include constrained lands.
(m)
Ingress and egress. Locations for ingress and egress shall be
approved by the Town Board and shall be so arranged as to connect
with existing state, county or Town highways or proposed Town highways.
(2)
Accessory uses. Uses customarily accessory to and subordinate to
a principal use.
(a)
Location. An accessory building shall not be located in a front
yard or minimum front yard setback. An accessory building shall be
set back not less than five feet from any side or rear lot line and
shall be located not less than five feet from the principal building,
unless fire rated as per applicable New York State Building Codes.
(b)
Height. An accessory building shall not exceed 18 feet in height. See § 128-10, Exceptions, of this chapter.
(c)
Maximum coverage. The total lot coverage of all accessory structures
shall not exceed 5% of the total lot area.
(3)
Off-street parking in planned hamlet districts.
(a)
Parking in a PHD shall comply with the off-street parking requirements of § 128-56 of this chapter. Parking areas shall provide the necessary space for maneuvering and driving. Where aisles are planned or indicated in such parking areas, said aisles shall be not less than 24 feet in width. Notwithstanding, aisle width between parking stalls may be reduced where aisles are designed for one-way traffic flow and where stalls are angled.
(b)
Parking in the front yard is prohibited except where said stalls
gain individual access directly from the street.
(c)
Except as provided in paragraph (ii) above, parking areas shall
be separated from the street or highway right-of-way by a lawn or
planting area not less than 20 feet deep.
(d)
Off-street parking and loading areas in a PHD shall be adequately
screened from adjacent residential districts.
(e)
Curbside parking. Notwithstanding requirements found elsewhere
in this chapter, curbside parking serving commercial uses is encouraged
in the PHD where the Town Board determines that traffic conditions
are suitable for such parking. Curbside parking may be parallel to
the street or angled to provide access from the adjacent travel lane.
At the discretion of the Town Board, curbside parking may be provided
on private property, or partially or fully within the public right-of-way.
Such parking shall meet the dimensional requirements for parking stalls
found in the off-street parking provisions of this chapter. A credit
may be taken on a one for one basis by the developer of such curbside
stalls against the number of off-street stalls otherwise required
for the commercial component of a development project. Where curbside
stalls are developed wholly or partially within the public right-of-way,
said stalls shall be made available for use by the general public.
(4)
Public space. Developments within the PHD shall include formal, landscaped,
outdoor amenity area(s), such as a plaza, courtyard, square or common
that is accessible to the general public. No less than one square
foot of public space shall be provided for every 40 square feet of
gross floor area within the PHD. Individual public spaces should be
appropriately sized for their intended use and at a reasonable scale
to the buildings they are intended to support. Generally, such spaces
should be no smaller than 2,500 square feet and no larger than 6,500
square feet. At least 25%, but not more than 50% of the public space
shall be landscaped with trees, shrubs and other plantings as approved
by the Planning Board. Such public space shall be conveniently accessible
and integral to the development and designed as a focal point for
the PHD.
(5)
Additional requirements.
(a)
No single building shall have a building footprint exceeding
5,000 square feet. Exceptions may be made only if the facades of larger
buildings are articulated to appear as multiple buildings, each part
of which does not exceed a maximum building footprint of 5,000 square
feet.
(b)
Buildings fronting on an existing street right-of-way shall contain commercial and/or noncommercial uses as described in § 128-41B(2)(a) and § 128-41B(2)(c) herein along the full extent of the first floor building facade(s) facing the street right-of-way(s). Said first floor facade(s) shall include storefronts and entrances for first floor uses.
(c)
Drive-through facilities are prohibited.
