[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.
[7]
Laundry, dry cleaning service.
[9]
Restaurant, no drive-through.
[10] Retail business, no drive-through.
[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:
[1]
Single-family attached dwellings in buildings of four or more
units.
[4]
Dwelling unit(s) as part of a mixed-use building.
[5]
Any other residential use recommended by the Planning Board
and approved by the Town Board.
(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:
[1]
Parks and recreational areas.
[2]
Community buildings and activity spaces.
[5]
Library, museum, art gallery.
[6]
Nursery school, child day care center.
[8]
Any other similar use as recommended by the Planning Board and
approved by the Town Board.
(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.