A.
Purposes. The regulations for Planned Unit Development Districts
("PUD") as set forth below are intended to provide a recognized and
innovative zoning and planning technique for potential new development
of (relatively large) areas within the Town of Johnstown that arc
specifically chosen by property owners or developers for well-designed
projects that incorporate a mixture of compatible uses, open space,
economies of scale, environmental and community sensitivity, and creative
architectural or planning concepts that are in accordance with the
Town's economic and land use policies and goals. It is the intent
of the PUD to provide for flexibility of use, area and site development
restrictions in order to encourage responsible and high-quality developments
that will be a lasting asset to the Town and the community in which
they are situated. Each application for a PUD will be reviewed in
detail and approved on a case-by-case basis to ensure that the purposes
and intent of these regulations are met. In this regard, the following
objectives shall be sought with each application:
(1)
Creation of a more desirable community environment than what would
be possible via a strict application of zoning regulations set forth
elsewhere in the Town's zoning regulations.
(2)
Encourage the permanent preservation of open space for active and
passive recreational use, including the provision of neighborhood
parks and trails.
(3)
Preservation and enhancement of community natural resources such
as water bodies, wetlands, forest, significant topographic and geologic
features and other areas of scenic and ecological value.
(4)
Efficient use of a site to facilitate adequate and economical construction
and maintenance of street and drainage facilities, water supply and
sewerage systems.
(5)
Encourage a less sprawling and more efficient forms of development
that consumes less open land and conforms to existing topography and
natural features better than a conventional or grid subdivision.
(6)
Minimize the total amount of disturbance on the site.
(7)
Innovation and variety in the type and design of residential development,
providing a wide choice of living environment, occupancy tenure and
housing costs.
(8)
To further the policies and goals set forth in the Town of Johnstown
Master Plan.
B.
Effect of PUD approval. The decision to approve a PUD is a legislative
decision that amends the Zoning Map so that no PUD applicant is entitled
to a proposed PUD project unless and until the Town Board approves
it. The approval of a PUD will create a new zoning district on the
parcel or parcels of property for which it is proposed that will be
governed by the terms, restrictions and conditions of the Town Board's
approval for that particular PUD district.
C.
Authorized uses within PUD. No use shall be established and no development
shall be permitted in the PUD district unless specifically approved
pursuant to the procedures and standards set forth in this article.
The specific uses to be allowed in the PUD shall be approved by the
Town Board. No use shall be approved as an allowable use within a
PUD if it is found by the Town Board to be contrary to the health,
safety or general welfare of the residents of the Town. The general
categories of allowable uses that can be incorporated in any PUD are
as follows:
(1)
Commercial. Including but not limited to lodging, sale of retail
products and services (excluding wholesale)
(2)
Office. Including professional and business (excluding medical clinics
exceeding 5,000 square feet of floor area.)
(3)
Single-family dwellings. Including townhouses/condominiums.
(4)
Multifamily dwellings. Including apartments and condominiums.
(5)
Recreational. Including outdoor and indoor facilities.
(6)
Mixed uses and mixed-use buildings. Any combination of the above
mentioned uses.
D.
Applicability.
(1)
Districts. A PUD may be considered for approval in any zoning district
established in the Town.
(2)
Minimum area. A PUD shall comprise at least 10 contiguous acres of
land, unless otherwise established in this chapter. The Town Board
shall consider a PUD proposed on less than 10 contiguous acres on
a case-by-case basis. No application for a PUD shall be accepted or
approved unless all of the property included in the application is
under unified ownership or control by the applicant.
A.
Development density. The allowable density shall be based upon buildable
land within the proposed PUD. The density of a proposed PUD development
shall be set forth initially by the applicant as part of the PUD plan
and application process and determined in the final instance by the
Town Board as part of the approval process. Generally, density of
structures, infrastructure such as roads and parking lots, and other
developed areas shall be appropriate for the site and the neighborhood
in which the site is situated taking into account availability, capacity
and suitability of services, such as schools, emergency response,
and public roads, community sewer and water systems, and ability to
mitigate or contain environmental impacts. Land that meets the following
criteria will not be included in the calculation of buildable land:
(1)
Freshwater wetlands as regulated pursuant New York State Department
of Environmental Conservation regulations;
(2)
Waters of the United States, including wetlands under the jurisdiction
of the U.S. Army Corps of Engineers;
(3)
Streams that are classified or classifiable by the New York State
Department of Environmental Conservation;
(4)
Critical environmental areas as designated by the New York State
Department of Environmental Conservation;
(5)
Slopes in excess of 15%;
(6)
Other areas of environmental or scenic significance as may be identified
by the Planning Board, Town Board, or the Town of Johnstown Master
Plan;
B.
Increase in density. A proposed PUD that meets unique criteria may
be granted an increase in density. Examples of unique criteria shall
be as follows:
(1)
The inclusion of Town-wide public recreational facilities, other
community facilities, or some combination thereof.
(2)
The provision of open space above and beyond the requirements outlined
in this article or other PUD districts established by the Town, especially
if the open space is creatively connected with existing open space
for purposes such as recreational trails, habitat corridors, and scenic
viewsheds, and other similar benefits of public importance.
(3)
Additional community benefits. Applicants seeking further density
bonuses have the option of proposing additional community benefits
not already listed above.
C.
Ratio of mixed uses. The proposed PUD shall have a mixture of uses
that is appropriate and sustainable for its location, Town needs and
market considerations. The actual ratio of mixed uses shall be specified
by the applicant as part of the PUD application and approved by the
Town Board as part of the approval process.
D.
Preservation of natural features.
(1)
Significant natural features of a proposed site for a PUD shall be
preserved whenever possible for purposes of:
(a)
Enhancing the quality of development.
(b)
Providing adequate screening and buffering between new development
and surrounding properties.
(c)
Preserving the character of existing neighborhoods or improving
such character.
(d)
Protecting important environmental resources.
(e)
Providing for natural channels and water quality filters for
stormwater such as vegetation along stream corridors, wetlands, and
permeable surfaces.
E.
Preservation of historic resources. Whenever a proposed site for
a PUD has existing historic buildings, structures or sites of significance
located thereon, such resources shall be preserved and incorporated
in the design wherever possible.
F.
Integrated architectural design. If a mixture of uses is proposed,
the PUD and the plan for its development should integrate the architectural
design for buildings, structures, landscaping, infrastructure facilities
and common areas so that the development has a visually cohesive design
appropriate to the uses proposed and for the area of the Town where
the PUD is proposed.
G.
Pedestrian system. Provision shall be made for a pleasing and accessible
pedestrian system within the proposed site and access from without.
H.
Streets. The PUD and the plan for its development shall provide an
appropriately designed traffic system that allows for ease of access
to and circulation within the PUD. Such system shall take into account
current traffic flows and volume as well as that which may be generated
by the PUD. Access points shall be designed to provide smooth flow,
controlled turning movements and minimum hazard to vehicular and pedestrian
traffic.
I.
Off-street parking and loading. The proposed development shall comply
with the off-street parking and loading standards set forth in this
chapter, unless it is shown that a deviation from those standards
is warranted and is specifically approved during the PUD approval
process. Generally, adequate parking and loading facilities must be
provided for on-site with minimum disruption to traffic circulation
and with no increase to off-site parking.
J.
Utilities. Underground on-site utilities are required including telephone,
electric, cable, water distribution laterals and sewer collection
laterals.
K.
Lighting. All lighting shall be arranged so as to prevent direct
glare or hazardous interference from the lighting for the proposed
development to adjoining streets or properties.
L.
Common areas, open space, recreation areas. Depending on the size
of the proposed PUD, the number of residential units, the square footage
of commercial space proposed, or any combination thereof, provisions
shall be made for common areas, open space and recreational amenities
for residents and guests of the PUD. Pedestrian walkways, recreational
buildings and facilities, natural open space areas, sitting or observation
areas, natural habitats, parks and playgrounds are considered suitable
amenities depending on the density and mixture of uses of the proposed
development. Integration of various amenities throughout the development
plan is encouraged.
(1)
Not less than 30% of the gross area of the proposed PUD project site
shall be devoted to common open space, unless otherwise prescribed
by this chapter. For lands allocated to open space uses, not less
than 50% of open space shall be devoted to common or public open space.
(i.e., a 100 acre PUD project shall allocate not less than 30 acres
for open space uses. Of the land allocated to open space uses, at
least 15 acres (50% of 30 acres) shall be set aside for common or
public usage.) Open space shall be integrated through design and construction
with the developed portions of the site. The design of open space
shall consider neighborhood character and abutting properties and
uses.
(2)
Public recreation areas and facilities shall be incorporated where
appropriate.
(3)
Ownership and maintenance. All common areas and amenities shall be
owned and operated by an appropriate legal entity that will exist
in perpetuity. The conveyance of individual parcels within a PUD may
be acceptable provided provision is made for continuity of restrictions
and controls in the form of deed covenants, restrictions and easements.
The post-development ownership and maintenance plan shall be part
of the application and approval process. Said post-development plan
shall include a mechanism that will provide unified control and authority
over the operations of the development so that there is one entity
or individual that is responsible for enforcing the terms and conditions
of the PUD approval for all tenants, homeowners, business owners and
other users of the PUD.
M.
Development phasing. The development of a PUD may be proposed and
approved in phases. A phasing plan shall be submitted as part of the
PUD application materials if development phasing is contemplated by
the applicant. The Town Board shall have the authority to approve,
with or without modifications and/or conditions, or deny the phasing
plan based on the following standards:
(1)
Each phase must be related to surrounding areas and available public
facilities in a manner such that failure to proceed to subsequent
phases will not adversely affect those areas or facilities.
(2)
Each phase when completed must be able to fully function on its own
or in conjunction with prior phases without dependence on subsequent
phases and each phase shall be fully completed prior to the final
approval of subsequent phases.
(3)
The infrastructure, as installed, shall be sufficient to accommodate
each planned phase of development.
(4)
Each phase shall have an appropriate ratio of the various uses proposed
for the development.
N.
Construction schedule. The applicant shall propose and the Planning
Board shall review and approve a construction schedule for the development
of an approved PUD. Generally, commencement of development of the
PUD, or the first phase if a phased PUD is approved, must occur within
three years of the date that the final site plan of the PUD is approved.
However, it is recognized that depending on the scale and complexity
of the development, consideration may be made with respect to the
reasonable time necessary for the applicant to obtain construction
financing, insurance and bonds, executing construction contracts,
and other such aspects involved in a development project. Thus, the
Town Board may modify the time period allowed for commencement of
construction depending on the circumstances of each PUD.
A.
Sketch plan. An application for a PUD approval starts with submission
of and review of a sketch plan by the Town Board pursuant to the requirements
and procedures set forth below. If the Town Board determines that
the proposal merits no further review because it fails to meet the
objectives of this chapter, no further action on the application shall
be taken.
(1)
The following information shall be submitted for convening a sketch
plan conference. A sketch plan drawn to approximate scale and depicting
at least the following:
(a)
Parcel or parcels to be included in PUD;
(b)
The location of the various uses and their areas;
(c)
Approximate location of significant natural and man-made features
of land, such as wetlands, streets, easements, buildings, etc.;
(d)
Proposed layout of structures, roads and other features;
(e)
Current owners of parcel(s) to be included in PUD;
(f)
Written narrative describing the proposal and its merits. The
narrative shall be sufficiently detailed to provide a well-developed
concept and scope of the proposal, and must include, at a minimum,
the following:
[1]
Total number of acres proposed for the PUD;
[2]
Type of uses proposed and ratio of mixed uses;
[3]
Number of residential and commercial units;
[4]
Preliminary density calculations (dwelling units per acre/square
footage of commercial space per acre);
[5]
An explanation of how the applicant's particular mix of
land uses meets existing community needs and goals;
[6]
A summary of the operation and ownership arrangements during
development and post-development phases;
[7]
A summary of the infrastructure needed and/or available with
respect to transportation, roads, water, and sewer;
[8]
A general description of the provisions of other community facilities,
such as schools, fire protection services and cultural facilities,
if any, and an indication of how these needs are proposed to be accommodated;
[9]
Recreational facilities and/or amenities that will be included
in the PUD plan;
[10]
General description of type of architectural and planning design
standards to be proposed as part of PUD plan;
[11]
General description of existing land uses on parcels adjacent
to proposed PUD site.
(g)
Sketch plan fee set by the Town and which is nonrefundable.
(h)
The above requirements are the minimum requirements necessary
in order for the Town Board to schedule a conference. The applicant
may provide more detail than that indicated above.
(i)
The Town Board may require the applicant to meet with any Town
staff and/or consultants that the Board deems appropriate in order
to facilitate the submission of a complete and suitable application.
(2)
Sketch plan conference.
(a)
In this initial stage of review the applicant must meet with
the Town Board in order to discuss the proposed project and to allow
the Town Board and the developer to reach an understanding on basic
requirements prior to detailed design investment. The Town Board shall
schedule a conference with the applicant within 31 days of the submissions
as set forth above.
(b)
The applicant shall attend the sketch plan conference and make
a presentation to the Town Board describing the PUD proposal. The
intent of this conference is to provide the Town Board with sufficient
information and description of the proposal in order for the Board
to preliminarily decide whether the proposal has merit for a PUD and
whether to allow the applicant to proceed to the next stage of review.
(3)
Sketch plan decision. The Town Board shall, within 62 days from the
date of the conference, make a preliminary determination as to whether
the applicant may move on to next stage of the application process
and submit a PUD application pursuant this chapter. The Town Board
may provide the applicant comments and direction in whatever detail
it deems appropriate regarding the content, design, allowed uses,
ration of mixed uses, project size and scope that the Board will find
appropriate for the formal application stage. Although said preliminary
determination will not commit the Town Board to any specific course
of action on the PUD to be requested, the sketch plan process is intended
to advise the applicant as to what may be generally acceptable and
not acceptable to the Board so that the applicant has a general understanding
of what is expected in the next stage of review. Generally, said preliminary
determination may include the following:
(a)
An identification of issues or PUD features that must be addressed
in the PUD design and application materials such as specific infrastructure,
design and environmental issues;
(b)
A general assessment of what uses and ratio of mixed uses that
would be acceptable in the location proposed;
(c)
An identification of the types of supporting documentation and
studies that will be required for submission and their general breadth
and scope;
(d)
An identification of involved agencies and the approval jurisdiction
that each may have with respect to aspects of the proposal;
(e)
A preliminary assessment of issues regarding compatibility or
potential incompatibility with surrounding existing land uses and/or
neighborhoods and proposed uses;
(f)
The time in which the preliminary determination must be made
may be extended upon consent from the applicant.
(4)
Effect of decision. If it is determined by the Town Board that the
sketch plan proposal does not have merit for further review as a PUD,
the applicant may submit a new proposal for another sketch plan conference
but may not submit a formal PUD application. If it is determined by
the Town Board that the sketch plan proposal does have merit for further
review, the applicant may proceed by submitting a formal PUD application
that meets the submission requirements set forth below and is consistent
with the preliminary determination of the Town Board pursuant to the
sketch plan conference.
A.
Required submissions for a PUD application. The following is intended
to set forth a comprehensive list of required submissions for a PUD
proposal of significant complexity, size and scope. The Town Board
shall have the authority to waive certain requirements that it deems
unnecessary or inappropriate given the size, scope and complexity
(or lack thereof) of the PUD actually proposed. It is intended that
the required submissions be tailored to the actual proposal so that
unintended and/or unnecessary costs in preparing submission materials
are eliminated in the application process to the extent practicable.
The submission materials, however, are to be complete and comprehensive
with respect to the particular PUD project proposed, so that the Town
Board and Planning Board have the opportunity to make their respective
decision(s) on an appropriate record of information. One original
and 10 copies of all application materials must be submitted.
B.
PUD preliminary site plan. A schematic site plan, of one or more
sheets, drawn to scale of not less than one inch to 100 feet which
shall show at a minimum the following information:
(1)
Boundaries and total acreage of proposed area to be considered for
the PUD;
(2)
Location of environmental features of land comprising the proposed
PUD including but not limited to wetland areas, ponds, streams and
drainage ways, tree stands and hedgerows, topography (of contour intervals
of not less than 10 feet), and any other existing natural features
with identification of what is to be preserved and/or removed;
(3)
Location and description of all existing man-made features on the
site proposed for the PUD and on all properties adjacent to the proposed
PUD such as land uses, structures, driveways or streets, wells, sidewalks,
easements and common areas with identification of what is to be maintained,
altered and/or removed;
(4)
Layout of proposed development including the location, areas and
dimensions of proposed uses, structures, access and internal roads,
parking areas and spaces, water and sewer system facilities and laterals,
and all other site development features;
(5)
Location, area and features of each development phase if the development
is proposed to be constructed in phases;
(6)
Drawings/guidelines: Proposed architectural drawings and guidelines
applicable for all structures proposed within the PUD including a
general narrative description of the type of architecture proposed
and how it compares to the existing architectural features of nearby
areas and proposed signage and/or signage regulations;
(7)
Landscape plan. A general but complete plan of the significant landscape
features including buffer areas, screening and aesthetic features;
(8)
Stormwater drainage plan with supporting engineering documentation
regarding the sufficiency of existing receiving channels or areas
and/or mitigation measures;
(9)
Traffic studies and plans;
(10)
Lighting plan;
(11)
Utility plan and report establishing either that existing capacity
exists for the PUD or the required improvements proposed;
(12)
A written description, images, and visuals that include the
following:
(a)
Request for PUD with signatures of all parties having an interest
in the subject property or properties;
(b)
Existing ownership of land proposed to be included in the PUD;
(c)
Proposed ownership of post-development PUD including description
of organization(s) to be utilized to own, maintain and manage common
areas, commercial space, residential units, and infrastructure improvements
and whether certain structures or parcels within the PUD will be offered
for sale or conveyance to third parties;
(d)
The proposed mixture of uses;
(e)
Density calculations and explanation of proposed density bonuses,
if any;
(f)
Phasing plan, if any, including timing of phases proposed offers
of dedication of land, improvements and/or easements;
(g)
Post-development deed covenants, conditions and/or restrictions
applicable to individual properties within the PUD or to the entire
PUD;
(h)
Schedule of general improvements to constitute a part of the
development, including without limitation, signage, lighting, utilities,
and features designed to address noise, visual screening, drainage,
etc., if not already addressed in other submission materials;
(i)
An assessment of whether the proposed uses within the PUD are
compatible with surrounding properties and uses (providing support
for such conclusion) or, if not compatible, what measures or design
features are included in the design of the PUD to enhance compatibility
or mitigate incompatibility;
(j)
An assessment of whether the proposed PUD is consistent or compatible
with the overall character of the surrounding area and Town and, if
not consistent or compatible, the reasons why or what measures are
included in the PUD proposal to enhance compatibility or mitigate
incompatibility;
(k)
Proposed local law that amends Town Zoning Map;
(l)
Full EAF or draft environmental impact statement;
(m)
Application fee. A nonrefundable fee established by the Town
Board plus a deposit in an amount sufficient to reimburse the Town
for reasonably estimated costs including fees of consultant(s) to
be retained by the Town Board in order to assist the Town Board and
Planning Board in reviewing the PUD application. Consultant fees shall
be based on the specific fee schedule of the particular consultant
or consultants retained as well as the scope of services to be provided
by such consultant(s). The Town Board shall hold such deposit in escrow
for the sole purpose of paying the costs and fees of the consultant(s)
retained for review of the PUD proposal. The consultant retained shall
provide the Town Board with detailed invoices showing the services
rendered for the time period billed and the Board shall provide the
applicant with an opportunity to review said invoices prior to payment.
Additional deposits may be required as the review process continues.
A.
Review procedures.
(1)
First meeting. The Town Board shall review the application materials
submitted and make a determination as to whether the application is
complete for commencement of the PUD review process. In order for
an applicant to be on the agenda of a special or regular Town Board
meeting, all application materials must be submitted at least 10 days
prior to the next scheduled meeting.
(2)
Determination of completeness. The Town Board shall have 62 days
from the first meeting at which the PUD application is on the agenda
in which to determine whether the submitted materials and documents
constitute a complete application. The Town Board shall forward the
application submissions to the Planning Board for its review and recommendation
on the completeness and adequacy of the application submissions. If
the Town Board determines that the application is incomplete, it shall
advise the applicant in writing as to what documents or materials
are missing or what the deficiencies in the submitted materials or
documents are. Upon resubmission of the application or missing materials,
the Board shall have the same time-period as set forth above in which
to determine completeness of the application materials.
(3)
Upon completion. If the Board determines that the application is
complete, it shall:
(a)
Refer a complete copy of the application materials to the Planning
Board for its recommendation and the Planning Board shall have 62
days of its receipt of the application materials in which to make
a recommendation to the Town Board with respect to the proposal;
(b)
Refer a complete copy to the county Planning Department, if
applicable, and any other agency that has approval jurisdiction over
any aspect of the proposal;
(c)
If not already performed, identify or retain a consultant or
consultants in which to assist the Board in reviewing the application
and advise the applicant as to the estimated cost of consultant fees,
the fee schedule and scope of services of the consultants selected
and the amount of deposit to be submitted for payment of such consultant
fees.
(4)
State Environmental Quality Review Act (SEQRA) Process.
(a)
Lead agency. The selection of a Lead Agency shall be carried
out in accordance with SEQRA. Notice shall be sent to all other involved
agencies so that the SEQRA review is coordinated. Said notice shall
state the Town's lead agency preference and that the lead agency
must be agreed upon within 30 days of the date that the notice together
with the environmental assessment form (EAF) was transmitted to them.
(b)
Determination of significance. When sufficient information has
been provided by the Applicant, the lead agency (if the Town Board
or Planning Board) must determine the significance of the proposed
PUD. If the determination is that the proposal does not have the potential
for one or more significant environmental impacts, the lead agency
shall issue a negative declaration which concludes the SEQRA process.
If the determination is that the proposal may result in one or more
potential environmental impacts, the lead agency shall issue a positive
declaration and require a draft environmental impact statement (DEIS)
before further PUD procedures are continued.
(c)
Suspension of procedural time-frames. If a positive declaration
is issued, the PUD procedural time-frames specified herein shall be
suspended until a DEIS is submitted by the applicant and accepted
as complete by the lead agency. Thereafter, the public hearing and
comment period on the DEIS and PUD application may be coordinated
and run concurrently. However, no decision on the PUD application
shall be made by any Board or agency (including but not limited to
the Planning Board recommendation) until the environmental impact
statement process has been completed and a SEQRA statement of findings
has been issued by the lead agency pursuant to the SEQRA regulations
(6 NYCRR 617).
(5)
Planning Board recommendation. The date of Planning Board receipt
of the application shall be the next regular meeting of the Planning
Board. The applicant shall attend such meeting in order to explain
the proposal and answer any questions the Planning Board may have.
The Planning Board shall review the proposal and provide the Town
Board with its recommendation as to whether or not the proposal should
be approved as a PUD and any issues or concerns the Planning Board
has on any aspect of the proposed PUD. The Planning Board shall forward
its recommendation to the Town Board within 62 days of its receipt
of the application referral. The Town Board shall consider the Planning
Board recommendation but need not follow it.
(6)
Public hearing. The Town Board shall schedule a public hearing on
the proposed zone change of the property to PUD in the same manner
as a local law. The public hearing shall be scheduled within 31 days
of its receipt of the Planning Board referral recommendations or within
the time-frames specified in the SEQRA regulations after the acceptance
of a DEIS, whichever last occurs. The public hearing may be scheduled
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.
(7)
Decision on PUD proposal. Within 62 days after the close of the public
hearing the Town Board shall decide whether to grant approval of the
proposed PUD pursuant to the reasonable terms, conditions and requirements
it deems appropriate. The sixty-two-day decision period shall not
apply if the positive declaration has been issued for the PUD application,
as the decision to grant approval of the PUD shall amend the Town
Zoning Map as a PUD for the subject property subject to the terms
and conditions of its approval. In rendering its decision on whether
to disapprove or to grant approval of the proposed PUD, the Town Board
may consider the following guidelines:
(a)
The need for, or suitability of, the proposed land use or uses
in the subject location.
(b)
The compatibility of the proposed PUD with the surrounding area
or neighborhood and the existing uses located on the adjacent properties
in which the PUD will be located.
(c)
The safeguards provided or conditions required so as to minimize
possible detrimental effects or impacts that the proposed PUD may
have on adjacent properties, the surrounding area in general and the
Town at large.
(d)
Adequacy of drainage, water supply and sewerage disposal facilities,
traffic access and municipal services that may be required.
(e)
Whether a positive or beneficial increase in tax base can be
expected when compared with cost of municipal services, including
but not limited to education, emergency response, highways, to be
provided.
(f)
Whether the proposed PUD will further the general welfare of
Town residents with sufficient protection for the health and safety
of Town residents.
(8)
Conditions. The Town Board, as part of its decision and approval
of the PUD, may set forth any 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
specified in rendering its decision.
(9)
Instructions for final site plan review and approval. As part of
its decision, the Town Board shall specify with sufficient detail,
the modifications to the site plan, if any, that the Board requires,
the construction drawings or engineering plans for the infrastructure
for the project, the phasing of construction of the project and any
other aspects of the project requiring further review. The Town Board
shall delegate the further review and approval of the final site plan
and other associated drawings to the Planning Board with specific
instructions as to the scope of the Planning Board review.
(10)
Effect of decision. The Town Board decision to approve the PUD
has the effect of amending the Zoning Map with respect to the property
approved for the PUD so that the conditions, restrictions and terms
of the PUD decision replace the zoning regulations for that PUD district.
Such terms, conditions and restrictions run with the land and are
enforceable by the Town in the same manner as any other zoning regulations
and approval conditions so that all future owners, operators, managers
and occupiers shall be subject to the same. Such approval and any
of its terms, conditions and restrictions may only be amended or modified
pursuant to an application for a PUD amendment which shall follow
the procedures and guidelines set forth in this section. It is the
intention of the PUD procedures that at the time of the Town Board's
decision to approve the PUD and rezone the property as set forth above,
the Town and the applicant has committed to the PUD in sufficient
detail in which to review and administer the actual development of
the PUD site pursuant to the terms, conditions and restrictions of
the PUD approval.
B.
PUD final site plan procedures.
(1)
Compliance with PUD approval. The final site plan review and approval
process is to ensure that the planned construction and operation are
in compliance with the PUD approval in respect to all of the development
details.
(2)
Submission requirements. The applicant shall submit final plans,
drawings and materials as defined by the Town Board as part of its
PUD approval process. Generally, these will include construction drawings
and details for either the first phase or entire project as well as
such other information that is specified by the Town Board or the
applicant during the PUD application process. The applicant shall
submit such final site plan within six months of the PUD approval.
The time for submission may be extended at the discretion of the Town
Board.
(3)
Consultant fees. All applicants shall be required to pay to the Town
a sum of money to reimburse it for fees paid by the Town to consulting
planners, engineers, attorneys or other experts and/or professionals
retained by the Town to review the applicant's plans, maps, studies,
agreements, environmental assessment forms, environmental impact statements
and all other papers and proceedings required by the Planning Board,
Town Board or this chapter. A minimum of $5,000 shall be deposited
into an escrow account established for the project. The Town Board
and Planning Board have the authority to require a different sum be
deposited. If at any time during the review of the project the escrow
account balance falls below $2,500, the applicant shall immediately,
upon notification of the Town, replenish the funds to balance identified
by the Town Board or Planning Board. Should the applicant fail to
replenish the account upon notification, no further action will be
taken on the application until the required funds have been deposited
with the Town. At the end of the project, any sums held in escrow
that exceed the invoiced expenditures shall be promptly refunded to
the applicant.
(a)
The Town Board will specify that the applicant shall submit
either the site plan review fees pursuant to the fee schedule for
site plan review or shall reimburse the costs of Town consultants
for the final site plan review and inspection fees, if any.
(4)
First meeting. The Planning Board shall review the application materials
submitted and make a determination as to whether the application is
complete for commencement of the final site review process. In order
for an applicant to be on the agenda of a special or regular Planning
Board meeting, all application materials must be submitted at least
10 days prior to the next scheduled meeting.
(5)
Review process. The Planning Board shall review and approve, approve
with modifications, or deny the final site plan and all of its components
within 90 days of the complete submission. The applicant shall attend
the meetings held on the final site plan. No public hearing is required
but may be scheduled by the Planning Board in its discretion.
(6)
Phases. The final site plan may be reviewed and approved in phases
pursuant to the standards set forth in the PUD approval.
(7)
Approval. The Planning Board shall approve the final site plan if
the final site plan, for the entire project or a particular phase
of the project, is in accordance with the PUD approval. Further reasonable
conditions or modifications may be placed on the final site plan approval
consistent with the PUD approval. Also, the Planning Board may approve
minor changes to the site plan that are requested by the applicant,
as necessary and/or appropriate, based on site conditions that are
found subsequent to the PUD approval. Such minor changes may include
the minor re-alignment of roads, infrastructure, and building sites
and/or minor reduction in the number of residential units or commercial
space. Any major modification or increase in residential units or
commercial space will have to be referred to Town Board for its review
and consent.
(8)
Filing of site plan. Once the final site plan is approved, it shall
be endorsed by the Planning Board Chairman and filed with the Town
Clerk within 60 days of the Planning Board approval.
(9)
Commencement of development. The construction and/or implementation
of the PUD development shall not commence until the final site plan
is approved, all conditions required to be satisfied prior to construction
are satisfied, and all required performance bonds are in place.
A.
General. All infrastructure improvements required or proposed pursuant
to a PUD approval shall be constructed and completed to the standards
set forth in all applicable state and local laws, rules and regulations
as well as the standards or specifications, if any, established by
the Town of Johnstown. For purposes of this section the term infrastructure
improvements includes all roads, stormwater and drainage facilities,
water and sewer facilities, and any other aspect of a PUD for which
an improvement will or is intended to benefit the public or the future
occupants or users of the PUD. The construction or installation of
any infrastructure improvement shall be completed pursuant to the
schedule of construction for infrastructure that is approved by the
Planning Board during the site plan review phase of the PUD approval.
If no such schedule is approved by the Planning Board, all infrastructure
must be completed within two years of the site plan approval.
B.
Inspection fees. At least 10 days prior to commencing construction
of required infrastructure improvements, the applicant shall pay to
the Town Clerk the inspection fee required to reimburse the Town for
the cost of inspecting the construction and installation of the infrastructure
improvements. Such fee shall be set during the site plan review phase
of the PUD approval process. The applicant shall also notify the Town
of the date and time when construction of infrastructure improvements
is to commence by submitting written notification to the Town Clerk
and Highway Superintendent at least seven days before such commencement.
The Town shall cause inspections to be made to insure that all applicable
specifications and requirements are met in the construction and installation
of such infrastructure improvements as required by the Planning Board
or the Town Board during the PUD approval process.
C.
Completion or required financial security. All infrastructure improvements
must be either completed prior to final site plan approval or must
be subject to financial security as a condition of final approval
in an amount sufficient to guarantee the installation of the infrastructure
improvements. Acceptable financial security shall be provided to the
Town in an amount equal to the cost of construction of the infrastructure
improvements plus all necessary costs and expenses that may be incurred
or expended by the Town in causing any all such work to be completed
in one of the following ways:
(1)
By
a bond executed by a highly rated security company acceptable to the
Town in a form acceptable to the Town Attorney; or
(2)
The
applicant shall present a certified check to the Town Clerk; or
(3)
The
applicant shall present an irrevocable letter of credit payable to
the Town in a form acceptable to the Town to be reviewed annually.
D.
Review and acceptance of financial security. For each of the options set forth in Subsection C above, the amount of the estimated construction costs shall be certified by a New York State licensed professional engineer. The proposed financial guarantee shall be reviewed by the Planning Board and its consultants for financial adequacy as a guarantee of construction and reasonable performance during any proposed period of construction. The Planning Board and the Town Attorney (or legal counsel retained by the Town for such purpose) shall jointly review the guarantee for sufficiency of form and execution and for the soundness of the financial guarantee offered by the applicant.
E.
Schedule of improvements. Prior to or simultaneous with the negotiation
and acceptance of the financial guarantee, the applicant shall provide
and the Planning Board shall review and approve a written schedule
for the construction, installation and completion for all required
and proposed infrastructure improvements as part of the final site
plan process. Such schedule shall also include the estimated cost
of construction and installation for each improvement. Whenever feasible,
costs and schedule of completion shall be organized by logical phases
of work completion in order to facilitate the partial release of financial
security held by the Town to the applicant as work is satisfactorily
completed. There shall be at least a ninety-day period between the
completion date of all improvements and the expiration date of any
bond, deposit of money, or letter of credit. Said ninety-day period
shall give the Town the opportunity to collect the financial performance
guarantee so that it will be able to complete the necessary improvements
in case a) the developer is unable to do so; and/or b) the Planning
Board denies any requests for an extension of time. Failure to complete
all improvements within the time allotted shall cause the Planning
Board a) to draw upon the financial performance guarantee in order
to complete the Improvements; and/or b) schedule a public hearing
in coordination with the Town Board in order to rescind related previous
approvals or extend the completion date.
F.
Stage release of guarantees. At such times as the applicant wishes to have guarantee funds released in consideration of work performed and accepted, the applicant shall cause to be prepared an accurate statement of the work performed and accepted as of a given date together with a proposed amount to be released from the financial guarantee provided by the applicant. This statement shall follow the schedule of improvements as set forth in Subsection E above. The applicant shall submit such statement to the Planning Board for review and approval. The Planning Board may request review and comment from the Town Board or any of its consultants that it believes is appropriate to determine the accuracy of the statement. The Code Enforcement Officer, Engineer, or other official designated by the Town must also provide, in writing, proof that pursuant to inspections made, the improvement has been satisfactorily completed pursuant to the approved project plans. Once approved by the Planning Board, the Planning Board may direct the appropriate Town official to notify, in writing, the security company or financial institution having custody of the guarantee funds to release to the applicant the approved amount of those funds.
G.
Modification of required improvements. If, at any time before or
during the construction of the required improvements as set forth
in the Town Board approved PUD, it is demonstrated to the satisfaction
of both the Town Board and Planning Board that unforeseen conditions
make it necessary or preferable to modify the location or design of
such required improvements, the Town Board shall, upon approval by
the Planning Board, authorize modifications to the PUD approval. If
such modification affects the scope of work covered by a performance
bond, any agreement to modify the required improvements by the Town
Board and Planning Board shall be contingent upon receipt by the third-party
guarantor a written statement that the third-party guarantor agrees
to the proposed modification of the required improvements and that
such modification shall not relieve or affect the liability of the
third-party guarantor.
H.
Extension of bond. The time period specified for the completion of
all required improvements, as set forth in the financial guarantee,
may be extended only by resolution of the Planning Board upon request
in writing by the applicant, setting forth in detail the amount of
work which has been completed, reasons for failure to complete the
remainder of the work within the specified period, the maximum estimated
time required to complete the remainder of the work and the time period
extension which is requested. The Planning Board resolution agreeing
to an extension shall be affixed to the financial guarantee. In the
case of a performance bond, such an agreement for an extension shall
not be effective until the third-party guarantor delivers to the Planning
Board a written statement that the third-party guarantor agrees to
the proposed alteration of the completion schedule and that such alteration
shall not relieve or affect the liability of the third-party guarantor.
I.
Acceptance of public infrastructure improvements. When any infrastructure
or other aspect of the PUD is to be offered for dedication to the
Town as a public improvement, and the Town's project inspector,
following final inspection of the completion of that improvement and
the PUD project, the Town Board may act by resolution to accept dedication
of the public improvements.
J.
Maintenance guarantee. Upon acceptance of required public improvements or upon certification that infrastructure improvements have been satisfactorily completed, the Town may require the establishment of a maintenance guarantee. All such guarantees shall be for a minimum of 10% of the financial guarantee originally required by the applicant or such amount required by the Town to sufficiently ensure that the improvements will be adequately maintained for the period specified by the Planning Board. The maintenance guarantee shall be provided by one of the methods set forth in Subsection C above and reviewed and accepted pursuant to Subsection D above. All maintenance guarantees shall commence immediately upon acceptance of the public improvements or upon certification of completion of all other infrastructure improvements and be in place prior to release of the previous performance guarantees.
A.
Intent. The design standards and guidelines contained herein are
intended to promote high quality development and public spaces in
Planned Unit Developments. Likewise, these standards and guidelines
are recommended for incorporation into the design of other developments
in the Town. Future development should promote the substantive public
benefits from traditional public spaces, as envisioned by the design
standards herein. The Town recognizes that the cumulative application
of these standards will provide more public benefit than may be realized
by selectively applying certain standards and guidelines. The purpose
of these standards is to realize the following:
(1)
To promote and foster distinctive destinations while reducing the
sameness in appearance of commercial and retail development associated
with minimum or no public design control;
(2)
To promote the use of designs and materials that traditionally characterized
Town development in the Town of Johnstown;
(3)
To realize developments that avoid excessive competition for public
attention through the use of dominant signage, excessive site lighting,
and other means of attracting customer attention;
(4)
To promote high quality architectural and community design;
(5)
To ensure an attractive and enduring development;
(6)
To promote development of commercial areas that would benefit from
a coherent and traditional design, and thereby enhance and promote
the Town;
(7)
To foster a viable pedestrian experience that sustains a mix of uses;
(8)
To promote residential development that may take special advantage
of nearby retail and commercial services, residential uses, golf courses,
and open space recreation.
B.
Applicability. Standards contained herein are required to be met
for projects subject to this section, and are denoted by use of the
term "shall." Guidelines are strongly encouraged, however are not
required to be met. All references to figures and illustrations in
this section are contained in Appendix D.
C.
Building placement.
(1)
Intent. Standards for building arrangements draw from traditional
ideas about community design, primarily the model of design typified
by American main streets. (Please refer to Figures A and B of Appendix
D)
(2)
Design standards.
(a)
The following building setback distances shall be adhered to:
[1]
Ten feet along major roadways;
[2]
Fifteen feet along minor/internal roadways;
[3]
Setbacks of up to 20 feet are allowed, only if the setback space
is for public use. Such use may include, among others, space for outdoor
eating, benches, and temporary retail sales.
[4]
The Planning Board may increase setbacks upon request by the
applicant and for purposes of improving lines of sight for vehicular
traffic. Increased setbacks may not exceed 20 feet.
(b)
All roadways shall have sidewalks that provide safe access within
and to the site.
(c)
Zero foot side yard setbacks (party walls) are an encouraged
building practice.
(d)
Building frontages shall occupy not less than 70% of the fronting
lot line. Building frontage shall mean the length of a front building
facade expressed as a percentage of the lot line along said facade.
Building frontages in excess of 200 feet are encouraged to be punctuated
by access points, facade changes, or other similar breaks in the visual
continuity of a facade.
(e)
Primary facade and primary entrances shall face and be setback
from the primary street. Secondary entrances are encouraged for parking
lots arranged to the side and rear of buildings.
(f)
Buildings facades and other site improvements shall be oriented
parallel or perpendicular to public sidewalks and roadways.
(g)
Smaller turning radii are encouraged to slow traffic speeds
at the site. Buildings abutting major intersections may be setback
up to an additional 10 feet, to the degree that such setbacks provide
meaningful improvements in traffic lines of sight.
(h)
Access points that serve multiple buildings or tenants should
be reduced to limit curb cuts and the creation of conflict points
with pedestrians.
(i)
Internal and access roads should be interconnected and laid
out in walkable blocks.
(j)
Culs-de-sac and dead end streets shall be prohibited, unless
the configuration of the lot prohibits strict compliance with this
requirement.
D.
Public off-street parking.
(1)
Intent. The following standards promote traditional design by reversing
the conventional placement of parking that characterizes suburban
style retail centers. By bringing buildings to the front of the site
and parking to the rear, this restores the emphasis on walkability,
emphasizes human-scale architecture, and improves aesthetics by reducing
the severe visual effect of expansive parking lots. (Please refer
to Figure C of Appendix D)
(2)
Design standards.
(a)
Off-street parking shall be at the rear of buildings. If more
is necessary, the side of the building may be used.
(b)
On-site landscaping fencing are encouraged and constructed of
durable materials, such as wrought iron or brick.
(c)
Planting medians should be designed to promote pedestrian safety,
facilitate vehicle circulation, and to lessen the harsh visual impacts
of a not landscaped parking lot.
E.
On-street parking.
(1)
Intent. On-street parking is promoted to encourage a pedestrian oriented
street environment. By dedicating space for the safe mixing of traffic,
parking, and pedestrians, a shared sense of 'ownership'
between people and cars is created. (Please refer to Figure D of Appendix
D)
(2)
Design standards.
(a)
On-street parking is recommended for secondary streets, side
streets, and internal streets.
(b)
A combination of landscaping, signage, painted parking lines,
and curbing should be used to signify appropriate sites for on-street
parking.
(c)
To enhance pedestrian safety at crossings, On-street parking
shall be defined at intersections by "bulbing out" the sidewalk area,
to provide enhanced pedestrian crossings.[1]
[1]
Editor's Note: Former Subsection E.2.d., which immediately
followed this subsection, was repealed 6-18-2018 by L.L. No. 1-2018.
F.
Screening and buffers.
(1)
Intent. Buffers dampen the impacts of light and sound between incompatible
uses. A variety of techniques can be used that are both functional
and aesthetically sensible. (Please refer to Figure E of Appendix
D)
(2)
Design standards.
(a)
Landscape buffers shall be used between off-site residential
and on-site commercial areas. Buffers may include plantings of various
heights, widths, berms, and fences.
(b)
Screening shall provide a vertical barrier and shall be designed
to block visual or noise impact to the maximum extent practicable.
(c)
Parking lots and service areas shall be adequately screened
with landscaping materials.
G.
Signage.
(1)
Intent. The following standards shall supplement existing Town regulations.
Where there are competing requirements, the more restrictive shall
prevail. (Please refer to Figure F of Appendix D)
(2)
Design standards.
(a)
The signs in the Planned Unit Development shall be limited to
the following: wall signs, freestanding, window, permanent changeable
sign copy signs, special sales, and sandwich boards.
(b)
Freestanding signs shall be designed as a monument sign.
[1]
Monument sign shall mean a freestanding sign where the base
of the sign structure is permanently constructed into the grade and
is typically integrated into the landscaping of the site. The width
of the top of the sign structure shall be no more than 100% of width
of the at-grade portion of the sign.
[2]
Freestanding sign dimensions shall be no larger than eight feet
in height or four feet in width.
(c)
Square footage of on-premise signs shall be no greater than
150 square feet or no more than 10% per business facade, whichever
is less.
(d)
A total of four window signs is allowed for each independent
business. Such signage shall not exceed 30% of total first-floor window
area.
H.
Site lighting.
(1)
Intent. The size, height, and style of the lamp along with the kind
of lighting can signify places of importance and points of access.
Human-scaled dimensions help to reinforce the sense that the place
was designed for pedestrian activity. (Please refer to Figure G of
Appendix D)
(2)
Design standards.
(a)
All exterior lights are to be arranged and installed so that
the direct or reflected illumination does not adversely spill into
any adjoining property;
(b)
Signs shall not be backlit;
(c)
Pedestrian lighting shall not exceed 12 feet in height;
(d)
Area lighting shall not exceed 18 feet or two feet lower than
building height, which ever is lower;
(e)
Preferred order of light type shall be, with most preferred
first: high-pressure sodium, metal halide, low-pressure sodium.
(f)
Flashing lights or rotating sign are prohibited.
I.
Sidewalks and public spaces.
(1)
Intent. Sidewalks form the backbone of any pedestrian-friendly community
and are integral to building community. In order for sidewalks to
be functional they must provide many of the same functions of roadways.
They must link destinations people want and need to go to. They must
be safe, with special attention given to children. Also, they must
be easy to travel upon and navigate.
(2)
Design standards.
(a)
Sidewalks shall be constructed of brick, concrete or stone pavers.
(b)
Sidewalks shall be a minimum width of eight feet.
(c)
Sidewalk connections to other neighborhoods shall be a minimum
width of five feet with a planting strip between the sidewalk and
the curb that shall be a minimum width of four feet.
(d)
Sidewalk paving shall continue across parking lots, driveways,
and other vehicle access points in order to signify priority to pedestrian
right-of-way.
(e)
New sidewalks should connect to adjacent properties.
(f)
Where no planting strip is present, street trees shall be planted
between the curb and build-to line. Plantings shall consist of one
large deciduous tree for every 35 feet of linear road frontage. Spacing
shall be even, except where access points prevent this.
(g)
Tree plantings in the sidewalk should be covered with a metal
grate.
J.
Architectural design - proportion.
(1)
Intent. Building proportion and scale are important for creating
a cohesive streetscape that evokes traditional town-center design.
A streetscape punctuated by out of scale buildings may create visual
gaps or disrupt the rhythm of activity along the street. A coherent
building scale provides continuity and may evoke the sense of commercial
purpose found in the American Main Street model. Buildings that are
too tall can create a canyon effect or result in large blank surfaces.
Buildings that are too small will not support the level of activity
to sustain a traditional commercial streetscape. Within the framework
provided by these standards, variations in building height and architectural
detail are encouraged. (Please refer to Figure H of Appendix D)
(2)
Design standards.
(a)
Buildings shall promote a pedestrian friendly environment. Building
proportions within a block should strive for a distinct and coherent
rhythm, such as taller buildings anchoring a block corner or consistency
in the number of levels of new buildings.
(b)
A pedestrian orientated scale and environment at the street
level shall be implemented; whereas a distinct differentiation may
be evident between a building's upper levels and its first level.
(c)
New building construction shall be a minimum of two stories
and shall not exceed four stories in order to provide a coherent built
environment that promotes main-street community character and that
protects the substantial investment of public and private resources
into creating said character.
(d)
First floor should be a minimum of 12 feet high.
(e)
Maximum building height shall not exceed 50 feet, as measured
from the average grade elevation to the roof surface, excluding rooftop
specialty equipment, parapets, and similar architectural features.
K.
Roof.
(1)
Intent. A roof style as viewed from the street is an important feature
in promoting traditional style. (Please refer to Figure I of Appendix
D)
(2)
Design standards.
(a)
Pitched and flat roofs are both permitted.
(b)
Flat roofs are to incorporate a parapet along facades facing
any public street, including architectural cornice detailing. Plain
parapets will be prohibited.
(c)
Pitched roofs will complement the overall style and scale of
the building. Materials for pitched roofs shall avoid having a reflective
finish and incorporate a color that complements the overall character
of the building. Pitched roofs shall take measures to ensure that
falling snow, ice or rain do not create pedestrian hazards.
L.
Fenestration and facades.
(1)
Intent. Fenestration refers to the placement and pattern of windows
along a face of a building. They not only provide a source of natural
light to the buildings inhabitants and employees, they also provide
transparency between activities inside and outside of the building.
They allow more "eyes on the street" for safety purposes and allow
customers and visitors to inspect street-side businesses and retailers.
(Please refer to Figure J of Appendix D)
(2)
Design standards.
(a)
Building facades should be broken down into smaller distinct
portions suitable for pedestrian scale.
(b)
Between each building entrance, one or more architectural elements
should be used to break up the facade.
(c)
The ground floor level shall provide the greatest amount of
facade opening and articulation.
(d)
Floor to ceiling windows are strongly encouraged. Windows shall
not be mounted flush to the exterior of the facade.
(e)
Blank, windowless walls facing sidewalks, streets, and other
public spaces are prohibited.
(f)
The upper floors shall use a decreasing percentage of facade
opening to reinforce a "base," "middle," and "top" facade pattern.
The use of depth is encouraged to highlight facade openings such as
windows.
(g)
The openings in the facade shall be framed in a lintel or arch
(and a sill at the bottom for windows) which is visible to the observer.
(h)
Pairs of window shutters may be used, but shall be used consistently
and should appear to actually cover the entire window opening when
closed.
M.
Architectural design - awnings and canopies.
(1)
Intent. Awnings and canopies can soften an otherwise stiff streetscape
and their use is encouraged. They should promote a coherent streetscape
and avoid escalating competition for consumer attention. (Please refer
to Figure K of Appendix D)
(2)
Design standards.
(a)
Awnings and canopies are not required components of building
design, however, their use is strongly encouraged on facades that
face public streets.
(b)
Awnings and canopies should be canvas. Plastic, metal and wood
awnings are not permissible.
(c)
Color schemes should be consistent with the overall building
color palette.
(d)
Retractable awnings are permitted.
(e)
Awnings to which signs may be attached must be fastened to the
facade of the building and not supported from the ground.
N.
Specialty equipment.
(1)
Intent. Specialty equipment can be incorporated into traditional
designs with the use of simple screening techniques. (Please refer
to Figure L of Appendix D)
(2)
Design standards.
(a)
Rooftop mechanical equipment, such as HVAC, satellite dishes,
antennas and other equipment shall be screened from public view. This
may be achieved through the use of architecturally compatible materials
that are integral to the overall building design.
(b)
Landscaping, natural material walls and fencing or other design
treatments compatible with the principle structure will be used to
screen from public view any ground level mechanical and service equipment
such as air conditioning equipment and utility boxes.
(c)
Wireless cellular telecommunications equipment and antennas shall be administratively approved uses, consistent with Town regulations governing Wireless Communications Towers (Article VI). Such equipment and antennas shall be located on existing or proposed buildings and considered an accessory use. The equipment shall be screened and/or in a muted color which is consistent with the overall building color palette. Stand-alone towers would be prohibited and co-location would be required. The following height restrictions shall supersede applicable height and placement restrictions set forth in Article XVIII[2] for administratively approved uses, but not in contravention
of applicable state and federal regulations: No equipment shall project
above the base of a parapet or roofline of an existing or proposed
building.
[2]
Editor's Note: So in original.
O.
Architecture design - materials and colors.
(1)
Intent. Excessive variation in construction materials can result
in a visually jumbled streetscape. However, some variation is welcomed
and encouraged in order to create visually interesting buildings and
architecture. Materials and colors should mimic traditional building
materials and be relatively maintenance free.
(2)
Design standards.
(a)
The quality of exterior materials shall be sufficiently durable
to guarantee low maintenance, stability, and a reasonable life span.
Red brick, special masonry units, natural stone and wood are preferred
materials. Other acceptable materials may include materials that are
consistent with emerging technologies that simulate natural materials.
Unacceptable facade materials include beige brick, plain (bare) masonry
units, vinyl siding, and metal siding.
(b)
Vinyl, glass, or metal enclosure of structures and buildings
are prohibited.
(c)
Trims are encouraged and may consist of finished grade painted
or stained wood rather than bare, lumber grade, wood.
(d)
Windows may have anodized aluminum or wood frame. Bare aluminum
frames are prohibited.
(e)
Building colors shall be compatible with the traditional building
colors in the region.
(f)
Fluorescent exterior colors may not be used.
(g)
Preferred natural materials include wood, stone, stone veneer,
red common brick, nonpanelized metal, and smooth or patterned block.
