[Amended 11-23-2015 by L.L. No. 13-2015]
A.
Purpose and objectives. A planned development district (hereafter termed "PDD") promotes and provides for innovative, efficient, and flexible residential, commercial, industrial or other land uses, or a mix thereof, to achieve economies of scale, creative architectural or planning concepts, and preservation consistent with the Village's Comprehensive Plan and zoning laws. A PDD may, consistent with the policies for land use set forth in Code § 300-2, permit the development of property in a manner that this chapter may not otherwise allow in the zoning district(s) in which the property is located.
B.
PDDs.
(1)
This article sets forth the exclusive procedures required to establish
a PDD.
(2)
The Village Board of Trustees ("Village Board"), after appropriate
review and recommendations from the Planning Board and Historic Preservation
and Architectural Review Board, shall have the sole authority to enact
legislation establishing a PDD.
(3)
The establishment of a PDD has the effect of amending the Zoning
Map with respect to the property approved for the PDD so that the
conditions, restrictions and terms in the legislation establishing
a PDD replace the zoning regulations for the underlying zone.
(4)
The Village Board shall not establish a PDD for an area consisting
of an existing single lot if the granting of an area variance and/or
a special use permit could allow the use that the applicant proposes
for the PDD.
(5)
The establishment of a PDD shall not imply that the Village Board
will establish any other PDD.
(6)
An applicant may propose, and the Village Board may establish, a
PDD in any zoning district.
(7)
An applicant may propose, and the Village Board may establish, a
PDD for an area that includes more than one zoning district.
(8)
The legislation establishing a PDD shall be binding on all owners,
future owners, tenants, and future tenants in the PDD.
A.
For the purposes of this article, a "baseline" shall be a measurement
from which an applicant seeks a deviation.
B.
For the purposes of this article, the residential density baseline
shall be 3,000 square feet per dwelling.
C.
A PDD shall have a baseline of at least 7,000 contiguous square feet
of land.
D.
For the purposes of this article, the minimum lot width, minimum lot area, minimum yard dimensions, and maximum height baselines shall be those set forth in Code §§ 300-10 through 300-15 for the zoning district(s) in which the PDD is proposed. However, baseline front, side and rear yard requirements shall apply only to the lot lines of the proposed PDD project site, which are adjoining property not subject to the PDD application.
F.
The Village Board may allow a PDD applicant to deviate from one or
more baseline requirements if the Village Board deems that the applicant
has made a good faith effort to meet the purpose and objectives of
this article, and the applicant additionally proposes community benefits
acceptable to the Village Board as part of the application. The following
are nonexclusive examples of community benefits:
(1)
The inclusion of public recreational facilities, pedestrian amenities,
other community facilities, or a combination thereof.
(2)
Integration of publicly accessible open space.
(3)
Enhancements to the Village's publicly accessible park(s).
(4)
Use of energy-efficient construction techniques and environmental
conservation methods, including, but not limited to, pervious pavement,
solar panels, geothermal heating systems, green infrastructure approaches
(including green roofs), and low-impact development (LID) principles
and practices.
(5)
Designation of a minimum percentage of total residential units as
"affordable," as the United States Department of Housing and Urban
Development defines that term.
G.
The applicant can propose community benefits on property not subject
to the PDD application.
H.
The legislation establishing a PDD shall set forth the permitted
baseline deviations.
A.
Pre-application conference.
(1)
Prospective applicants considering a PDD may request the Zoning Enforcement
Officer ("ZEO") to schedule a pre-application conference with Village
officials and representatives of departments or boards that may have
jurisdiction concerning the application to discuss the proposed project
informally, receive initial feedback and learn about the application
process.
(2)
To expedite the pre-application conference, the applicant should
be prepared to discuss the proposed PDD's purpose, proposed geographic
location, building locations, land use, open space, traffic circulation,
parking, pedestrian walks, landscaping and utilities.
(3)
The pre-application conference shall not result in any decision regarding
the proposal's approvability, nor bind the Village Board concerning
any decision with respect to the proposal.
(4)
Although discussions during the pre-application conference are not
binding on the Village or the applicant, the applicant is encouraged
to include in its application the information and materials suggested
during the conference.
B.
Application.
(1)
An applicant for a zoning change to a PDD shall file with the ZEO
an application, signed by the applicant or the applicant's authorized
representative or agent, and the nonrefundable application fee in
accordance with the Standard Schedule of Fees of the Village of Cooperstown.
(2)
The application shall provide sufficient information concerning the
proposal to enable the Village Board to decide whether the proposal
has merit and whether to allow the application to proceed, and shall
contain the following:
(a)
A preliminary sketch (and any other visual aids or photographs)
showing the PDD's proposed geographic location, building locations,
land use, open space, traffic circulation, parking, pedestrian walks,
landscaping and utilities.
(b)
A written statement identifying or explaining the following:
[1]
The applicant(s), including a description of the applicant's
experience and expertise in similar projects, whether or not within
a PDD.
[2]
The parcel(s) sought to be included in the PDD, including the
current owner(s) of the parcel(s) and the current structures and uses
on the parcel(s).
[3]
The purpose of the proposed PDD, including the type of any residential
and nonresidential development.
[4]
The differences between the proposal and what the current provisions
of this chapter otherwise permit.
[6]
Any desired baseline deviation.
[7]
Any proposed community benefit.
[8]
Any proposed demolition.
[9]
How the proposal would benefit the neighborhood in which it
is proposed and the Village as a whole.
[10]
Proof of the applicant's ownership or control
in the property to be included in the PDD, or evidence that a single
entity, or multiple property owners who will have joined in the application,
will own or control the PDD's entire area before the Village Board
establishes the PDD.
[11]
Information concerning the applicant's financial
ability to complete the proposed PDD project.
(3)
The Village Board can either allow the application to proceed, request
the applicant to provide additional information, or reject the application.
If, after a request, the applicant provides additional information,
the Village Board can thereafter allow the application to proceed
or reject the application. If rejected, no further action shall occur
concerning the application.
(4)
If the Village Board allows the application to proceed, the applicant,
after depositing the consultant fees set forth in Code § 300-20(C),
can initiate a Planning Board preliminary review and a Historic Preservation
and Architectural Review Board ("HPARB") preliminary review.
C.
Consultant fees.
(1)
If the Village Board allows the application to proceed, it shall
specify the required initial amount, if any, of consultant fees that
the applicant must deposit with the Village for the application to
proceed.
(2)
The Village shall deposit the consultant fees into an escrow account
established for the project for the sole purpose of paying the costs
and fees of the consultant(s) that the Village retains to review the
PDD proposal.
(3)
Such consultants may include planners, engineers, attorneys or other
experts and/or professionals retained to review the applicant's plans,
maps, studies, agreements, environmental assessment forms, environmental
impact statements and all other proceedings required by the Village
Board, the Planning Board, HPARB, or this chapter. Choice of consultant
shall be at the Village's sole discretion. Consultants will only be
used for analysis and advice on areas that are not within the expertise
of the Village.
(4)
The Village Board shall base consultant fees on the specific fee
schedule(s) of the particular consultant(s) retained as well as the
scope of services that such consultant(s) will provide.
(5)
Additional deposits may be required as the review process continues.
(6)
The Village Board, Planning Board, and HPARB shall coordinate to
identify an escrow amount necessary to conduct their respective reviews.
(7)
The consultant(s) retained shall provide the Village Board with detailed
invoices showing the services rendered for the time period billed,
and the Village Board shall provide the applicant with an opportunity
to review the invoices prior to payment.
(8)
The Village shall notify the applicant if the escrow account balance
falls below the amount that the Village Board specified. On such notification,
the applicant shall promptly replenish the funds to the balance that
the Village Board specified. The Village will take no further action
on the application until the applicant deposits the required funds
with the Village.
(9)
At the conclusion of the application process, the Village shall promptly
return any sums held in escrow that exceed the invoiced expenditures.
D.
Planning Board preliminary review and recommendations.
(2)
The submission materials should be sufficiently complete and comprehensive
with respect to the particular PDD project proposed to enable the
Planning Board to conduct the preliminary review.
(3)
An applicant initiates a preliminary review by filing with the ZEO
one original and 10 copies of a request, signed by the applicant or
the applicant's authorized representative or agent, accompanied by
the following:
(a)
A written assessment of how the proposed PDD is consistent or
compatible with the overall character of the surrounding area, neighborhood
and Village; if not consistent or compatible, the reasons why and
what measures are included in the PDD proposal to enhance compatibility
or mitigate incompatibility.
(b)
A written description of the proposed uses.
(c)
A sketch plan drawn to approximate scale generally depicting the information set forth in Code § 300-22A(2)(a)[1] through [5].
(d)
A written description of the proposed ownership of the post-development
PDD, including a description of organization(s) intended to own, maintain
and manage common areas, commercial space, residential units, and
infrastructure improvements and whether the applicant or future owner(s)
plans to offer for sale or conveyance to third parties certain structures
or parcels within the PDD.
(e)
Density calculations and explanations of any proposed baseline
deviation.
(f)
A written description of proposed community benefits if seeking
a baseline deviation.
(g)
A phasing plan, if any, including timing of phases, proposed
offers of dedication of land, public area improvements and/or easements.
(i)
A full environmental assessment form (EAF) pursuant to SEQRA
concerning the proposed PDD and the proposed development's design
elements.
(4)
Planning Board meetings and recommendations.
(a)
The Planning Board shall consider the preliminary review request
and provide the Village Board with its recommendation as to whether
or not it should approve the proposed PDD, together with any issues
or concerns the Planning Board has regarding any aspect of the proposed
PDD.
(b)
The applicant shall attend the initial Planning Board meeting
in order to explain the proposal and answer any questions the Planning
Board may have. The applicant shall attend additional Planning Board
meetings if deemed necessary by the Planning Board.
E.
HPARB preliminary review and recommendations.
(2)
An applicant initiates a preliminary review by filing with the ZEO
an application for a preliminary review signed by the applicant or
the applicant's authorized representative or agent.
(3)
The preliminary review application shall contain all information
required for an application for a certificate of appropriateness.
(4)
The applicant shall attend the initial HPARB meeting in order to
explain the proposal and answer any questions HPARB may have. The
applicant shall attend additional HPARB meetings if deemed necessary
by HPARB.
(5)
After reviewing the preliminary review application, HPARB shall provide
the Village Board with its recommendation as to whether or not the
proposal is consistent with the criteria for approval of a certificate
of appropriateness. HPARB may include in its recommendation specific
modifications or design changes that would be necessary for approval.
A.
The Village Board shall commence its consideration of the PDD application
after it receives both the Planning Board's recommendation on approvability
and HPARB's recommendation concerning the proposal's consistency with
the criteria for approval of a certificate of appropriateness.
B.
The Village Board shall consider the Planning Board's recommendation
on approvability, but need not follow it. However, if the Planning
Board recommends the PDD application's denial, the Village Board can
deny the application without a public hearing or SEQRA review.
C.
The Village Board shall be responsible for initiating the SEQRA process.
D.
The Village Board shall schedule a public hearing on the proposed
zone change of the property to the proposed PDD in the same manner
as a local law.
E.
The Village Board may schedule the public hearing prior to completion
of the SEQRA process or in conjunction with the public hearing on
the draft environmental impact statement if the lead agency finds
that the public hearing may assist in its environmental review.
G.
The Village Board shall decide whether to grant approval of the proposed
PDD pursuant to the reasonable terms, conditions and requirements
it deems appropriate.
(1)
The Village Board shall make its decision within 62 days after the
close of the public hearing if the lead agency issued a negative declaration
in accordance with SEQRA.
(2)
If the lead agency issued a positive declaration in accordance with
SEQRA, the PDD procedural time frames specified herein shall be suspended
until the applicant submits a draft environmental impact statement
("DEIS") and the lead agency accepts the DEIS as complete.
(a)
Upon the lead agency's acceptance of a DEIS, the public hearing
and comment period on the DEIS and PDD application may be coordinated
and run concurrently.
(b)
Under a positive declaration, the Village Board shall make no
decision regarding the approvability of the PDD proposal until the
lead agency completes the environmental impact statement process and
issues a SEQRA statement of findings in accordance with SEQRA.
H.
In rendering its decision on whether to disapprove or to grant approval
of the proposed PDD, the Village Board may consider the following
guidelines in addition to other factors the Village Board considers
relevant:
(2)
The need for, or suitability of, the proposed land uses in the subject
location.
(3)
The compatibility of the proposed PDD with the surrounding area or
neighborhood and the existing uses located on properties adjacent
to the proposed PDD.
(4)
The safeguards provided or conditions required that would minimize
possible detrimental effects of impacts that the proposed PDD may
have on environmental resources, adjacent properties, and the surrounding
area in general and the Village at large.
(5)
Adequacy of drainage, water supply and sewage disposal facilities,
traffic access, traffic circulation, and municipal services that may
be required.
(6)
Whether the proposed PDD will further the general welfare of Village
residents with sufficient protection for the health and safety of
Village residents.
(7)
Whether the Village can expect a positive or beneficial increase
in the tax base when compared with the cost of municipal services,
including, but not limited to, emergency responses and roads that
it would provide.
I.
The Village Board, as part of its decision and approval of the proposed
PDD, may set forth conditions that are reasonably related and incidental
to the proposed project, to the mitigation of potential impacts and/or
in furtherance of the guidelines set forth above or others specified
in rendering its decision.
J.
The Village Board's approval shall be in the form of legislation
establishing the PDD.
A.
After the PDD is established, the applicant may apply to the Planning Board for approval of a final site development plan in accordance with Article VIII of this chapter.
(1)
The applicant shall submit to the ZEO one original and 10 copies
of the application signed by the applicant or the applicant's authorized
representative or agent.
(2)
In addition to all other requirements set forth in Article VIII of this chapter, the application shall include the following:
(a)
A drawing, of one or more sheets, prepared to a scale of not
less than one inch to 100 feet, showing accurately and with complete
dimensioning the following:
[1]
The boundaries and total acreage of the PDD's entire area.
[2]
The location of environmental features of land comprising the
proposed PDD, including, but not limited to, wetland areas, ponds,
streams and drainageways; tree stands and hedgerows; topography (using
contour intervals of not more than 10 feet), and any other existing
natural features, with identification of what is to be preserved and/or
removed.
[3]
The location and description of all of the PDD's existing non-natural
features and of all properties adjacent to the PDD, including land
uses, structures, driveways or streets, wells, sidewalks, easements
and common open areas, with identification of what the applicant intends
to maintain, alter, demolish, and/or remove.
[4]
The layout of the proposed development, including the location,
areas and dimensions of proposed uses, structures, signage, lighting,
access and internal roads; parking areas and spaces; water and sewer
system facilities and laterals; and all other proposed site development
features.
[5]
The location, area and features of each development phase if
the applicant proposes to construct the development in phases.
(b)
Proposed architectural drawings and guidelines applicable for
all structures and signage proposed within the PDD, and a general
narrative description of the type of architecture proposed and how
it compares to the existing architectural features of nearby areas.
(c)
A complete plan of the significant landscape features, including
buffer areas, screening and aesthetic features.
(d)
Stormwater drainage plan with supporting engineering documentation
regarding the sufficiency of existing receiving channels or areas
and/or mitigation measures.
(e)
Traffic studies and plans.
(f)
Parking and circulation plans.
(g)
Lighting plan.
(h)
Utility plan and report establishing either that capacity exists
for the PDD or the required improvements proposed.
(3)
The Planning Board shall not approve a final site development plan
unless and until a single entity, or multiple property owners who
have joined in the application, owns or controls the PDD's entire
area.
(4)
Construction of the PDD development shall not commence unless and
until the Planning Board has approved the final site development plan
and the ZEO has issued a zoning permit.
B.
After the PDD is established, the applicant may apply to HPARB for a certificate of appropriateness in accordance with Code § 300-26. Construction of the PDD development shall not commence unless and until HPARB issues a certificate of appropriateness and the ZEO has issued a zoning permit.
C.
To ensure the full and faithful completion of all land development
activities in compliance with the conditions of the PDD approval and
the approved site plan, or restoration of the land if the PDD project
is not completed, the ZEO shall not issue a zoning permit until the
applicant has filed adequate security with the Village Clerk.
(1)
The security shall be in an amount that the Village Board determines
after consultations with the Planning Board, HPARB, the ZEO, the Village
Attorney, and other appropriate parties.
(2)
The security may be a performance bond, cash escrow, or irrevocable
letter of credit from an appropriate financial or surety institution
that guarantees satisfactory completion of the project and restoration
of the land if the project is not completed, and names the Village
as the beneficiary.
(3)
The security must be in a form that the Village Attorney approves.
D.
Physical construction must begin within one year from the date on
which the ZEO issued a zoning permit. If it has not, and the Village
Board has not granted an extension, the legislation establishing the
PDD shall expire and the subject property shall revert to the underlying
zoning district(s) and associated regulations in existence prior to
the legislation that established the PDD.
(1)
An applicant or the current owner(s) of the property subject to the
PDD can apply to the Village Board, no less than 60 days before the
legislation establishing the PDD would otherwise expire, for additional
time to commence construction.
(2)
The extension application must demonstrate that substantial grounds
exist that prevented the construction.
(3)
If the legislation that established the PDD so provides, the Village
Board may grant the extension based on the original SEQRA determination
and without a public hearing.
(4)
If the Village Board grants the extension, and physical construction
has not begun before the extension's expiration, the legislation establishing
the PDD shall expire and the subject property shall revert to the
underlying zoning district(s) and associated regulations in existence
prior to the legislation that established the PDD.
All applications for mobile homes, mobile home parks or courts,
and for mobile home subdivisions shall be considered to be PDD projects
and subject to PDD procedures. In addition to the other requirements
of this article, the Planning Board shall review the following specific
elements during its preliminary review and its final site development
plan review:
A.
Provisions for adequate water and sewer connections for each mobile
home parking space or lot from a public system. The New York State
Department of Health standards for public systems shall determine
the requirements for adequacy.
B.
Circulation patterns for vehicles and pedestrians shall accommodate
the special traffic demand, including the parking of mobile homes,
and shall include paved off-street parking for two automobiles per
mobile home site.
C.
Provisions for service facilities, including laundry, storage and
recreation space to tenants in mobile home parks or courts. When separate
lots exist, the plan must provide for these facilities for each site
or by a neighborhood association or other entity established by the
developer in appropriate locations and with satisfactory maintenance
provisions.
D.
Special landscaping and screening may be required to provide a satisfactory
residential environment and prevent detrimental impact to adjacent
property.