Village of Menands, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Menands 6-6-2016 by L.L. No. 4-2016[2]. Amendments noted where applicable.]
General References:
Site Plan Review – See Ch. 140
Site Plan Review Regulations – See Ch. A172
Subdivision of Land – See Ch. 148
Subdivision Regulations – See Ch. A173
Zoning – See Ch. 169
[1]
Editor’s Note: Former Ch. 30, Planning Board, adopted 4-19-2010 by L.L. No. 3-2010, was repealed 4-29-2011 by L.L. No. 1-2011.
[2]
Editor’s Note: Former Ch. 30, Planning Board, adopted 4-19-2010 by L.L. No. 3-2010, was repealed 4-29-2011 by L.L. No. 1-2011.

§ 30-1 Intent.

A. 
Planned development districts (PDDs) provide a procedure for allowing flexible land use and design through creative planning and design. PDDs allow development matched to the unique characteristics of the site and allow innovative development techniques that might not otherwise be possible through strict application of standard use, area, bulk and density specifications.
B. 
Approved PDDs will enable greater flexibility than conventional zoning while providing a customized regulatory framework that recognizes the unique environmental, physical, and cultural resources of the project and neighborhood. PDD legislation adopted by the Village Board will replace existing zoning for the parcel or parcels becoming PDDs and will become the basis for detailed design, review and control of subsequent development.
C. 
Planned development districts shall advance the goals of the Village's various planning documents that promote innovation in the design and layout of structures and encourage compact, pedestrian-oriented development and redevelopment, ensure adequate provision of community services, and preserve significant natural features and permanently protect open space resources.
D. 
Planned Development Districts shall encourage a mix of uses on one site which is not attainable through traditional zoning. The intent of the PDDs is not to circumvent the variance or traditional zoning amendment process in order to establish single uses which would not normally be allowed by the underlying zoning district.
E. 
While flexibility is encouraged, it is intended that the conformance with municipal service availability and the purposes of this chapter shall ensure that the general welfare is protected through equal treatment under this uniform procedure. The Village Board shall consider the health, safety and welfare of the residents, as well as the aesthetics of all proposed project approvals.

§ 30-2 Objectives.

In order to carry out the intent of this chapter, all approved PDDs shall:
A. 
Produce a development pattern in harmony with the land use intensity, transportation facilities, and community facilities within the vicinity of the project area.
B. 
Preserve significant natural topography, geological features, scenic vistas, and ecosystems.
C. 
Prevent the disruption of natural drainage patterns, soil erosion, and uncontrolled surface water drainage.
D. 
Preserve and integrate historically significant structures and sites with viable adaptive uses.
E. 
Use land efficiently, resulting in smaller networks of streets and utilities and thereby lower development and maintenance costs.
F. 
If residential in land use, provide a maximum choice in occupancy tenure (e.g., individual ownership, leaseholds, and condominiums), type of housing (e.g., detached houses, townhouses, garden apartments), lot size, and community facilities.
G. 
Provide an adequate and integrated system of open space and recreation areas designed to tie the PDD together internally and link it to the larger community.
H. 
Use creative design on the site which allows an orderly transition of land uses.
I. 
Adhere to any applicable economic conditions, post-development agreements, or environmental mitigation which may be required.

§ 30-3 General standards.

A. 
In accordance with the criteria set forth below, the existing use, dimensional, sign and parking regulations may be altered in order to establish a planned development district; provided, however, that the standards are met.
B. 
Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by the owners of all property included in the project. In cases of ownership by multiple parties, the approved plan and its amendments shall be binding on all owners or their successors in title and interest.
C. 
Location requirements. Planned development districts may be created in the BBD, T5, T4, HI, and LI Zoning Districts.
D. 
The requirements set forth in the Village of Menands Broadway Corridor Design Guidelines shall apply for the underlying zoning district in which the project is located.
E. 
Minimum setbacks. The minimum setbacks required for the underlying zoning district(s) shall be met at the periphery of the PDD.
F. 
Water supply and sewage disposal. PDDs which include a significant number of residential units should be served by a community water system and be provided with sewage disposal facilities, if appropriate, in accordance with the requirements of the Village, the county and the New York State Departments of Health and Environmental Conservation.

§ 30-4 Application review and approval procedure.

A. 
General. Whenever a PDD is proposed, before any zoning and building permit shall be granted, and before any subdivision plot may be filed in the Office of the County Clerk, the prospective developer or his authorized agent shall apply for and secure approval of such planned development district in accordance with the following procedures.
B. 
Sketch plan review procedure.
(1) 
Prior to the formal filing of a PDD application, the applicant shall submit a sketch plan of the proposal to the Village Board.
(2) 
The sketch plan may include:
(a) 
A map identifying the boundaries and physical characteristics of the proposed PDD, including uses and ownership of abutting lands.
(b) 
A conceptual development plan including a succinct narrative of the intent and attributes of the proposed district(s) that describes the location, conceptual design, and use of any lots and structures.
(c) 
The proposed amount, location and use of open space.
(d) 
Any anticipated changes in the existing topography and natural features.
(e) 
The location of the site with respect to nearby streets, rights-of-way, adjacent properties, easements, and other pertinent features within 200 feet.
(f) 
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.
(g) 
Preliminary use and dimensional requirements, including:
[1] 
Permitted uses, conditional and accessory uses;
[2] 
Maximum development intensity of residential uses;
[3] 
Floor area ratio for nonresidential uses;
[4] 
Lot coverage;
[5] 
Build-to distances from public and private ways;
[6] 
Setbacks for structures and parking areas;
[7] 
Minimum lot size;
(h) 
In addition, the following documentation shall accompany the sketch plan:
[1] 
Evidence of how the proposed mix of land uses is compatible with the goals of local and area-wide plans.
[2] 
General statement as to how common open space is to be owned and maintained.
[3] 
Description of ownership of the site.
(3) 
During sketch plan review, the Village Board, in its legislative capacity, establishes the boundaries of the proposed PDD and set limits on the nature and range of uses, geometric and site controls and overall project planning. Specifically, the Village Board shall review the sketch plan according to the following criteria:
(a) 
The proposal conforms to the Village's various planning documents.
(b) 
The proposal meets local and regional needs.
(c) 
The proposal meets the intent and objectives and general requirements of this section.
(4) 
The Village Board shall, within 30 days of the submittal of the PDD sketch plan, reject or accept the sketch plan.
(5) 
Within 45 days of acceptance of the sketch plan, the Village Board shall take action to approve, with or without conditions, or disapprove the proposed PDD sketch plan, based on the criteria set forth above.
(6) 
If approved or approved with conditions and accepted, the applicant may proceed to formal PDD application.
C. 
Formal application.
(1) 
After sketch plan review is complete, a formal application for establishment of a planned development district shall be made in writing to the Village Board and shall be accompanied by the applicable fee. The application shall also be accompanied by a full environmental assessment form or draft EIS as required by the SEQRA.
(2) 
The Village Board shall refer the application according to the requirements of General Municipal Law §§ 239-m, 239-n, and 239-nn and SEQRA.
(3) 
The formal application shall describe the proposed physical changes to the project area in a report that includes graphics and a supporting narrative. The application shall contain sufficient facts and information for the Village Board to make the findings required under this section. However, fully engineered plans and construction details are not required at this stage in the process. The following information is required; however, the level of detail shall be sufficient to provide the Village Board with enough information to understand the proposed PDD:
(a) 
The desirability of the proposed land use in the proposed location.
(b) 
The existing character of the neighborhood.
(c) 
Access, circulation, parking, and transportation management.
(d) 
Proposed location, type and size of signs and driveways.
(e) 
Existing state, county, or Village highways that provide access to the area.
(f) 
Vehicular traffic circulation features, including proposed highways and roadways within the PDD.
(g) 
Mobility (bikes, pedestrians, etc.) through the district.
(h) 
The general location of principal and accessory buildings in relation to one another and to other structures in the vicinity.
(i) 
The conceptual footprint, height and bulk of buildings and the intended use for such buildings.
(j) 
Other site improvements.
(k) 
Phasing program if phases are proposed.
(l) 
General landscaping concept and features.
(m) 
Preservation of open space and natural areas, including the amount and location of open space, recreation area, and pedestrian circulation areas and provisions for permanent protection.
(n) 
Infrastructure improvement preliminary plans, including water supply source and delivery, drainage and energy.
(o) 
The general plan for the collection and disposal of sanitary wastes.
(p) 
The proposed safeguards to be provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general (if a full environmental assessment form was provided instead of a draft EIS).
(q) 
Compatibility with the Village's various planning documents.
(r) 
Permitted uses, conditional and accessory uses.
(s) 
Maximum development intensity of residential uses.
(t) 
Floor area ratio for nonresidential uses.
(u) 
Lot coverage.
(v) 
Build-to distances from public and private ways.
(w) 
Setbacks for structures and parking areas.
(x) 
Minimum lot size.
(y) 
The number, size and location of automobile parking areas and loading areas and the proposed access to such areas.
(z) 
Minimum lot frontages and building massing.
(aa) 
Preservation of historic structure(s).
(bb) 
Design standards and guidelines.
(cc) 
A proposed amendment to the Zoning Code,[1] including, at a minimum, a written metes and bounds description of the property and standards for development.
[1]
Editor's Note: See Ch. 169, Zoning.
(dd) 
All material and data necessary to conduct review under the State Environmental Quality Review Act.

§ 30-5 Required findings.

A. 
The Village Board may require such changes in the preliminary plans as are found necessary or desirable to protect the established or permitted uses in the vicinity and to promote the orderly growth and sound development of the community.
B. 
The Village Board shall develop written findings that document the facts and information relied upon to reach its conclusions in rendering a decision on a PDD. The following mandatory findings must be addressed:
(1) 
That the PDD is consistent with the objectives and standards of this chapter.
(2) 
That adequate community facilities and services exist and/or are to be accommodated as part of this planned development.
(3) 
That the PDD establishes a mix and a physical development pattern which would not be attainable through a traditional zoning amendment, as described in this Code.
(4) 
That the PDD is compatible with the surrounding neighborhood context and character and is in conformance with the policies in the Village's various planning documents.
(5) 
That the PDD has mitigated potential undue adverse environmental impact as set forth during SEQRA review to the maximum extent practicable.
(6) 
That the PDD will add to the long-term assets of the community and it will not erode the livability or economic viability of existing and neighboring areas.
(7) 
That the open space and recreation areas and facilities provided are commensurate with the level of development proposed and the predevelopment open space resources potentially available for protection.
(8) 
That the provisions to protect open space resources are sufficiently secured by dedication where appropriate and desirable or legal instruments and/or monitoring programs and/or establishment or use of an existing trust to ensure their continued long-term protection.

§ 30-6 Village Board action.

A. 
Upon completion of the findings, the Village Board may then consider the legal establishment of the planned development district through a Zoning District Map amendment. In particular, any application for creation of a planned development district shall be considered a Type 1 action under SEQRA.
B. 
The Village Board shall hold a public hearing thereon upon such notice as is required by this chapter for a zoning amendment and applicable provisions of the Village Law of the State of New York.
C. 
The Village Board shall render a decision on the application within 62 days of the public hearing, unless an extension of time is agreed to by the applicant and Village Board, according to the following criteria:
(1) 
That the PDD is consistent with the purpose and intent of this Code including, where applicable, the objectives and standards of this chapter;
(2) 
That the PDD is compatible with the surrounding neighborhood context and character and is in conformance with the surrounding neighborhood;
(3) 
That the PDD has mitigated potential undue adverse environmental impact as set forth during SEQRA review to the maximum extent practicable;
(4) 
That the PDD will add to the long-term assets of the community and it will not erode the livability or economic viability of existing and neighboring areas;
(5) 
That the open space and recreation areas and facilities provided are commensurate with the level of development proposed and the predevelopment open space resources potentially available for protection;
(6) 
That the provisions to protect open space resources are sufficiently secured by dedication where appropriate and desirable or legal instruments and/or monitoring programs and/or establishment or use of an existing trust to ensure their continued long-term protection;
(7) 
The Village Board may, if it believes it necessary in order to fully protect the health, safety, and general welfare of the community, attach to its zoning resolution approving the zoning change additional conditions or requirements applicants must meet. Such requirements may include but are not limited to:
(a) 
Visual and acoustical screening.
(b) 
Land use mix.
(c) 
Pedestrian and vehicular circulation system.
(d) 
Parking and snow removal.
(e) 
Sites for public services.
(f) 
Protection of natural and/or historical features.
(g) 
Requirements or conditions identified during the SEQR process and/or voluntary agreements between the applicant and the community, including economic incentives or infrastructure improvements.
D. 
If the change of zone is approved by the Village Board, the Official Village Zoning Map shall be amended so as to define the boundaries of the planned development district, and such amendment shall be advertised and recorded in accordance with the requirements of the New York State Village Law.

§ 30-7 Site plan review within established PDD.

A. 
Application. Application for approval of a building project within an established planned development district shall be made in accordance with the procedures for site plan review. Application shall be made by the owner(s) or developer(s) of the area to be occupied by the building project.
B. 
No building permit or certificate of occupancy shall be issued for any project within a PDD until the Village Board determines that the proposed project is consistent with the approved PDD.
(1) 
The development standards approved by the Village Board shall guide the planning and design of subsequent projects and/or phases of development within the PDD.
(2) 
A building project within a planned development district shall conform in all respects to the approved plans.
(3) 
The Village Board, as appropriate, shall document that the following requirements have been met prior to approval of a development project within a PDD.
(a) 
The project is in conformance with the approved planned development district.
(b) 
The minimum setbacks required for the underlying zoning district shall apply to the periphery of the project.
(c) 
All other zoning requirements of the district, except those modified or specifically deemed not applicable by the administrative officer, shall be met.
(d) 
The development plan shall specify reasonable periods within which development of each phase of the planned development may be started and shall be completed.

§ 30-8 Subdivision review.

Applications for subdivisions in a planned development district shall be made to the Village Board in accordance with the Subdivision Chapter of the Code of the Village of Menands.[1] In the event of a conflict between such subdivisions regulations and this chapter or any requirement imposed hereunder, the provisions of this chapter of such requirements shall apply.
[1]
Editor's Note: See Ch. 148, Subdivision of Land.

§ 30-9 Consultant review fees.

The Village Board may require an applicant for any review, permit or approval to deposit in escrow a reasonable amount established by the Village Board to pay for the fees and/or costs of any engineer, consultant or attorney designated by the Village Board to review such application. The fees and/or costs charged by such engineer, consultant or attorney in connection with such review will be charged against the sum deposited in escrow. Any amount remaining shall be returned to the applicant within 45 days of final action on the application.

§ 30-10 Conditions to run with land.

All conditions imposed by the Village Board, including those the performance of which are conditions precedent to the issuance of any permit necessary for the development of all or any part of the entire site, shall run with the land and shall neither lapse nor be waived as a result of any subsequent change in the tenancy or ownership of any or all of said area. Such conditions shall further be a part of any certificate of occupancy issued for any use or structure in such development.

§ 30-11 Expiration of approval.

A. 
PDD legislation repealer.
(1) 
The Village Board shall act to return the property to its prior zoning district classification if it finds that:
(a) 
Performance requirements which may have been specified by the Village Board in its PDD approval action, such as a time limit for either initiation or completion of improvements and other construction work on the proposed development, have not been met, unless the Village Board, upon specific application and for a good cause, authorizes an extension of such performance requirement.
(b) 
The PDD approval has expired by the failure of the project sponsor to make substantial and continuing progress in the development of the project for more than three years from the date of final approval. The determination of substantial and continuing progress shall be determined solely by the Village Board, which may consider any number of factors in making its determination, including the securing of project financing and changed market conditions.
(2) 
If a planned development district expires, any building constructed or used may continue as a nonconforming use and such shall continue to be bound by the previous PDD approval.

§ 30-12 PDD amendment procedure.

A. 
An application for amendment of an established planned development district shall be made in writing to the Village Board and shall be accompanied by the applicable fee. The application shall also be accompanied by a full environmental assessment form or draft EIS as required by SEQRA.
B. 
The application shall describe the proposed physical changes to the project area in a report that includes graphics and a supporting narrative. The application shall contain sufficient facts and information for the Village Board to make the findings required under this section.
C. 
Procedure. The procedure for an amendment of an existing PDD shall be the same as that required to establish a new PDD, as described herein.