[Amended 5-17-2018 by L.L. No. 4-2018]
A.
It is the intent of this Planned Development District (PDD) Article
to provide flexible land use and design regulations to provide for
the rezoning of land so that small- to large-scale neighborhoods or
commercial uses or portions thereof may be developed in the Town.
Provision is included for planned development districts to permit
establishment of areas in which diverse uses may be brought together
in a compatible and unified plan of development which shall be in
the interest of the general public. This article specifically encourages
innovation in residential and commercial development, or a combination
thereof, so that the growing demand for housing and commercial uses
at all economic levels may be met by greater variety in type, design
and siting of dwellings and structures, and by the conservation and
more-efficient use of land in such developments.
B.
This article recognizes that, while the standard zoning function
and the subdivision function are appropriate for the regulation of
the land use in areas of neighborhoods which are already substantially
developed, these controls represent a type of pre-regulation, regulatory
right, and uniformity which may not be in harmony with the techniques
of land development contained in the planned development concept.
Further, this section recognizes that a rigid set of space requirements,
along with bulk and use specifications, could frustrate the application
of this concept. Thus, where planned development techniques are deemed
appropriate through the rezoning of land to a planned development
district by the Town Board, the set of use and dimensional specifications
elsewhere in this chapter is herein replaced with an approval process
in which the 2018 amendments and the planned development districting
legislation becomes the basis for continuing land use controls.
C.
The requirements of the article shall apply to newly proposed PDDs
as well as to all amendments to a previously approved PDD. In no case
shall the regulations of this article be so interpreted as to circumvent
the benefits of this chapter to the residents or occupants of adjoining
properties.
In order to carry out the intent of this article, the Town Board
shall consider the following objectives:
A.
Whether the planned development district provides for a designed
grouping of varied and compatible land uses, which may include housing,
recreation, commercial, and industrial uses, or any mix thereof, within
a development.
B.
Whether the project provides more usable open space and recreation
areas, including the linkage of open space areas, than would otherwise
be available with the existing zoning classifications and subdivision
regulations applicable to the property.
C.
Whether the project provides more convenience in location of industrial,
commercial and service areas, if applicable, than would otherwise
be available with the existing zoning classifications and subdivision
regulations applicable to the property.
D.
Whether the project provides for the preservation of trees and outstanding
natural topographic and geologic features and for the prevention of
soil erosion to a greater degree than would otherwise be available
with the existing zoning classifications and subdivision regulations
applicable to the property.
E.
Whether the project provides for a more creative use of land and
related physical development which allows an orderly transition of
land than would otherwise be available with the existing zoning classifications
and subdivision regulations applicable to the property.
F.
Whether the project provides for a more efficient use of land resulting
in smaller networks of utilities and services, thereby lowering housing
costs, than would otherwise be available with the existing zoning
classifications and subdivision regulations applicable to the property.
G.
Whether the project provides a development pattern more in harmony
with the objectives of the Comprehensive Plan than would otherwise
be available with the existing zoning classifications and subdivision
regulations applicable to the property.
H.
Whether the project provides a more desirable environment than would
otherwise be possible through the strict application of other articles
of this chapter.
A.
Ownership. The tract of land for a project may be owned, leased or
controlled either by a single person or entity or by a group of individuals
or entities. An application must be filed by the owner or jointly
by the owners of all property included in a project. In the case of
multiple ownership, the approved plan shall be binding on all owners
and in all cases shall be binding on all subsequent owners, heirs,
assignees and transferees of the property.
B.
Minimum area. The minimum area for which a PDD may be considered
for a parcel or parcels of land is 30 contiguous acres or more. The
Town Board may consider projects of lesser acreage where the applicant
can demonstrate that the characteristics of his holdings meet the
purposes and objectives of this article more than they meet the purposes
and objectives of existing zoning classifications and subdivision
regulations applicable to the property.
C.
Residential density. Residential density in a PDD shall not exceed
120% of the base residential density in the district or districts
in which the PDD is located. Such calculations shall be based on buildable
land, excluding, slopes in excess of 12%, and excluding federal- or
state-regulated wetlands.
D.
Drainage districts. The Town may, at its discretion, require the
formation of a drainage district in connection with a PDD, which district
infrastructure shall be dedicated to the Town and subject to taxation
upon the benefitted property owners.
E.
Open space. For requested increases in the base residential density,
a proportional amount of the PDD area shall be permanently dedicated
for public benefit or for a common recreation area to be owned by
a private homeowners' association (HOA).
In determining whether a planned development district should
be allowed, particularly at the intensity of land use proposed, the
Building, Planning and Development Department (Department), the Planning
Board (if referred for PDD review) and the Town Board shall consider
the following factors:
A.
The need for the proposed land use in the proposed location.
B.
The availability and adequacy of water service.
C.
The availability and adequacy of sanitary waste disposal facilities.
D.
The availability and adequacy of transportation systems, including
the impact on the road network and traffic volume.
E.
The pedestrian circulation and open space in relation to structures.
F.
The character of the neighborhood in which the PDD is being proposed,
including the safeguards provided to minimize possible detrimental
effects of the proposed use on adjacent properties and the neighborhood
in general.
G.
The height and mass of buildings and their relation to other structures
in the vicinity.
H.
Potential impacts on any and all local government services.
I.
Potential impacts on environmental resources, including but not limited
to air, wetlands, surface water, floodplains, active and passive recreation
areas, and plant and wildlife communities.
J.
The general ability of the land to support the development, including
but not limited to such factors as slope, depth to bedrock, depth
to water table, and soil type.
K.
Whether the PDD furthers the vision, goals and recommendations contained
in the Town's Comprehensive Plan.
L.
Other factors as may be deemed appropriate by the Town Board or as
identified during the SEQRA review process.
Common property in a planned development district is a parcel
or parcels of land, together with the improvements thereon, the use
and enjoyment of which are shared by the owners and occupants of the
individual building sites or, where appropriate, within commercial
projects. Common property shall be allowed within a PDD. The ownership
of such common property may be public or private. When common property
exists in private ownership, satisfactory arrangements must be made
for the improvement, operation and maintenance of such common property
and facilities, including but not limited to private streets, drives,
services, parking areas, recreational and open space areas as well
as drainage and stormwater infrastructure. When common property is
publicly owned, it is available for appropriate use by members of
the general, public subject to reasonable time, place and manner restrictions.
Whenever any planned development district is proposed or amended,
before any permit for the erection of a permanent building in such
planned development district shall be granted, and before any subdivision
plat or any part thereof may be filed in the office of the Saratoga
County Clerk, the developer or his authorized agent shall apply for
and secure approval of such planned development district in accordance
with the following procedures:
A.
Application information required for review.
(1)
Sketch plan. The application shall include a sketch plan, drawn to
scale, though it need not be to the precision of a finished engineering
drawing subject to the discretion of the Town Board, and it shall
clearly show the following information:
(a)
The location of the various uses and their areas and dimensions.
(b)
The general outlines of the interior roadway system and all
existing rights-of-way and easements, whether public or private, along
with all connections to existing roadways.
(c)
Delineation of the various residential areas, indicating for
each such area its general extent, size and composition in terms of
total number of dwelling units, percentage allocation by dwelling
unit type (i.e., single-family detached, duplex, townhouse, garden
apartments, high-rise), and a general description of the intended
market structure (i.e., luxury, middle income, moderate-income, elderly
units, family units, etc.), plus a calculation of the residential
density in dwelling units per gross acre with calculations of existing
base density and any bonus densities proposed. For commercial uses,
a delineation of the various commercial areas, indicating for each
use the area, total square footage of structures, and a general business
plan of the activities to be conducted at the site.
(d)
The open space system with total acreage and percentage of overall
plan noted.
(e)
The overall drainage system.
(2)
Topographic map. A topographic map showing contour intervals from
the USGS of not more than 10 feet of elevation.
(3)
Narrative. A written narrative fully describing the proposal, including,
but not limited to, the following:
(a)
Principal ties to the community at large with respect to transportation,
water supply and sewage disposal.
(b)
A general description of how other community resources are to
be provided, such as schools, fire-protection services and cultural
facilities.
(c)
Evidence of how the developer's particular mix of land
uses meets existing community demands.
(d)
A general statement as to how common open space is to be owned
and maintained.
(e)
If the development is to be staged, a general indication of
how the staging is to proceed. Whether or not the development is to
be staged, the sketch plan of this section shall show the intended
total project.
(f)
A detailed statement explaining how the plan is in conformance
with the Town's Comprehensive Plan and specifically addressing
the vision, goals and recommendations therein.
(h)
The description of a development proposal or a public benefit
proposed by the developer.
(i)
The developer's detailed justification for why the Town
should approve the PDD as an exception to its normal zoning and subdivision
requirements.
(4)
Location map. A location map showing uses and ownership of abutting
lands.
(5)
Environmental assessment form (EAF). A full environmental assessment
form, including the applicant's justification for classifying
the proposed action as a Type I, Type II or Unlisted action with citations
to the applicable provisions of SEQRA.
(6)
Local law. A draft of the proposed PDD local law addressing, at a
minimum, all matters identified by the Department, its engineers and/or
its attorneys regarding the project for review by the Town Board.
The draft shall identify all amendments to any existing PDD or other
local law or ordinance by annotating the existing text with red-lined
proposed changes.
(7)
Pre-application meeting with the department. A pre-application meeting
is recommended with the Department to ensure an understanding of the
basic requirements of this article.
B.
Approval procedure after receipt of complete application.
(1)
Meeting with department. In order to allow the Town and the developer
to reach an understanding on basic design requirements prior to detailed
design investment, the developer shall schedule a meeting with the
department to review the application procedure and requirements.
(2)
Professional reviews. Once the application has been deemed complete
by the department, the applicant shall submit one complete copy of
the application to the department, one complete copy to the engineer(s)
for the Town, two complete copies of the application directly to the
attorneys for the Town and the number of complete copies for the Town
Board members as outlined on the application for review. The applicant
shall also make provisions to pay the cost of such reviews in the
form of escrow to be established upon initial review of the complete
application.
(3)
Town Board presentation. The Town Board may require the developer
to present the proposed PDD at a regularly scheduled Town Board meeting.
If the Town Board determines at any time in its discretion that the
proposal does not merit further consideration because it does not
meet the objectives, general requirements or considerations of this
article, no further action on the application shall be taken. If the
Town Board determines that the proposed PDD merits further consideration,
the Town Board shall schedule a public hearing on the proposed local
law to be conducted at a future Town Board meeting and provide notice
of intent to serve as SEQRA lead agency to all foreseeable involved
agencies.
(4)
Town Board public hearing. The Town Clerk shall publish notice of
the public hearing as required by law. At the public hearing, the
Town Board will consider comments from the public directed to whether
the Town Board should approve, modify, or disapprove the proposed
PDD local law.
(5)
Optional referral to the Town Planning Board. If the Town Board determines the proposal merits further review after the Town Board public hearing, it may refer the application to the Town Planning Board for its review and advisory recommendation in accordance with the procedure set forth in § 210-19C herein. The Town Clerk shall attach the approved minutes of the Town Board public hearing to the finalized referral resolution and provide both documents to the Department and to the Planning Board Chair. If the Town Board decides to take action on the PDD local law without referring it to the Town Planning Board for its review and recommendation, the Town Board meeting minutes or a Town Board resolution will reflect the Town Board's rationale for that decision.
(6)
Referral to the County Planning Board/Agency. Any PDD on property
within 500 feet of another municipality's boundary, right-of-way
or public property shall be referred by the Town Board to the County
Planning Board or Agency pursuant to General Municipal Law (GML) § 239-1
or § 239-m. In any such case, the Town Board shall not take
final action on the proposed PDD until at least 30 days have passed
since the County's receipt of the referral or after receiving
the County's report with recommendations, whichever is sooner.
(7)
Town Board action. Upon completion of the Town Board's public hearing and receipt of the County Planning Board's/Agency's recommendations (if requested) and receipt of the Town Planning Board's advisory recommendations on whether or not to adopt the local law pursuant to § 210-19C herein (if requested), the Town Board may approve, approve with modifications, or disapprove the PDD and local law after making a SEQRA determination regarding its potential environmental impacts.
(8)
Additional conditions. The Town Board may, if it feels it necessary
in order to fully protect the public health, safety and welfare of
the community, attach to its resolution approving the local law any
additional conditions or requirements for the applicant to meet. Such
requirements may include, 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,
fire houses and libraries, or protection of natural and/or historic
sites or other physical or social demands and commercial hours of
operation (if applicable).
(9)
Site plan review. If the PDD and local law are approved and adopted by the Town Board, the applicant will submit the proposal to the Planning Board for site plan and/or subdivision review, and the Planning Board may, in its discretion, schedule a public hearing for that purpose in accordance with § 210-39 of the Town Code.
(10)
Reports of final action. If the Town Board adopts the local
law approving the PDD:
C.
Planning Board PDD review procedure (if applicable).
(1)
Upon referral by resolution of the Town Board, the Planning Board
shall review the referral resolution, the approved minutes of the
public hearing, proposed local law and the application materials,
and after formal presentation to the Planning Board and in accordance
with the objectives, general requirements and considerations in this
article, provide the Town Board with an advisory report with recommendation(s)
on the proposed PDD local law within the Planning Board's next
two scheduled meetings after the Director's provision of all
needed materials to the Planning Board. The Planning Board Chair may
ask for an extension of time, in writing, from the Town Supervisor
for a specified amount of time with defined reason for the request.
(2)
A favorable advisory report shall recommend approval of the local
law or approval with conditions or modifications and shall include
the following findings:
(c)
That the proposal is conceptually sound in that it meets a community
need and it conforms to accepted design principles in the proposed
functional roadway system, land use configuration, open space system
and drainage system.
(d)
That there are adequate services and utilities available or
proposed to be made available in the construction of the development.
(e)
That the proposal furthers the vision, goals and recommendations
of the Town's Comprehensive Plan.
(3)
An unfavorable advisory report shall recommend disapproval of the local law and state clearly the reasons therefor and identify which of the findings in § 210-19C(2) the Planning Board is not able to find in the applicant's favor and why. If appropriate, the Planning Board may also point out to the applicant what might be necessary in order to receive a favorable report from the Planning Board.
D.
Post Town Board approval procedures.
(1)
Zoning for Planned Development Districts. If the Town Board grants
the adoption of the planned development district local law, the Zoning
Map and Town Code shall be so amended.
(2)
Site plan and subdivision approvals. Subsequent to obtaining any
rezoning under this article, individual project elements shall be
subject to site plan, special use permitting or subdivision approvals,
as applicable.
If, in the site plan, special use permitting or subdivision
review process, it becomes apparent that certain elements of the development,
PDD or local law, as they have been approved by the Town Board, are
infeasible and in need of significant modification, the applicant
shall present a modified plan to the Planning Board in accordance
with the above requirements. The Planning Board shall then determine
whether or not the modified plan is still in keeping with the intent
of the local law creating the PDD and provide the Town Board with
its recommendations on the proposed modifications to the PDD. The
Town Board will determine an appropriate procedure to approve with
conditions or deny the proposed modifications to the PDD.
The Town Board may require the posting of financial security
in the form of a bond, a letter of credit or other instrument in order
to ensure that improvements are carried out as specified in the plans
and approvals.
In the event the applicant does not submit a complete application
for a building permit within one year of the PDD approval by the Town
Board or if no evidence of progressive activity has occurred within
one year of the date of the adoption of the local law or upon expirationof
any extension of time for starting development granted by the Town
Board, the approved plan and local law shall expire, become null and
void, and the zoning shall revert to its designation prior to the
approval of the PDD.
