[HISTORY: Adopted by the Town Board of the Town of Kendall
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-17-2012 by L.L. No. 1-2012]
This article may be cited as "Waterfront Planned Development
District Law of the Town of Kendall."
The purpose of the Waterfront Planned Development District (WPDD)
is to use the authority granted by New York Town Law § 261-c
and the Municipal Home Rule Law to promote flexibility in the development
of waterfront parcels in the Town in accordance with Town's Master
and LWRP plans in order to promote its most appropriate use; to improve
the design, character and quality of new developments; to encourage
a harmonious and appropriate mixture of residential, commercial, and
nonindustrial uses; to facilitate the adequate and economic provision
of streets, utilities, and public services; to incorporate the natural,
environmental and scenic features of the site into the project and
provide for the protection of the shoreline; to encourage and provide
a mechanism for arranging improvements on sites so as to preserve
desirable features; to promote architecture that is compatible with
the surroundings; to provide suitable design responses to the specific
environmental constraints of the site and surrounding area; to protect
the land from loss by erosion and to promote the safety of individuals
and to mitigate problems which may be presented by specific site conditions.
As used in this article, the following terms shall have the
meanings indicated:
An approved preliminary planned development plan prepared
at such additional detail and showing information as is required by
local regulation, and the modifications, if any, required by the Town
Board at the time of approval of the preliminary planned development
plan, if such preliminary plan has been so approved.
The signing of a final plan by the Town Board pursuant to
a resolution granting final approval to the plan or after conditions,
if any, specified in said resolution granting conditional approval
of the plan are completed. Such final approval qualifies the plan
for filing in the office of the Town Clerk and in the office of the
County Clerk as necessary.
A proposal for a planned development prepared in a manner
prescribed by this article showing the layout of the proposed project
including, but not limited to, maps, plans, or drawings relating to
proposed land uses, approximate location and dimensions of buildings,
all proposed facilities, including preliminary plans and profiles,
at suitable scale and in such detail as required by this article;
architectural features, lot sizes, setbacks, height limits, buffers,
screening, open space areas, lighting, signage, landscaping, parking
and loading, traffic circulation, protection of natural resources,
public or private amenities, adjacent land uses and physical features,
and such other elements as may be required by the Town. Where details
have not been finalized, a range of plans and profiles may be adopted.
The approval with conditions, if any, of the layout of a proposed planned unit development as set forth in a preliminary plan and the simultaneous amendment of the Chapter 265, Zoning, by the Town Board to create and map a WPDD encompassing the preliminary plan; subject to the approval of the plan in final form pursuant to the provisions of this article.
A waterfront site upon which residential, commercial, nonindustrial
land uses or any combination thereof may be authorized in a flexible
manner so as to achieve the goals of the Town plans.
An independent, freestanding zoning district, wherein the
zoning regulations need not be uniform for each class or type of land
use, but where the use of land shall be in accordance with a preliminary
planned development plan approved by the Town Board. A WPDD is a special
type of floating overlay district that does not appear on the Town
Zoning Map until a WPDD designation is requested and a project is
approved. When a WPDD designation is applied, the standards are those
developed that are specifically tailored to the WPDD project.
A.
The land designated in the WPDD request must be under single ownership
or have written permission from the landowner within the proposed
WPDD area.
B.
Compliance with State Environmental Quality Review Act. In its review
and approval of applications to create planned unit development districts
pursuant to this article, the Town Board shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations prior
to granting preliminary planned development plan approval.
C.
Coordination with subdivision regulations and site plan requirements.
(1)
Simultaneous subdivision review. If the applicant proposes the sale
of lots in the WPDD, the subdivision review must be carried out simultaneously
with the review of a WPDD.
(2)
Preliminary and final plats. The plans required under this article
must be submitted in a form that will satisfy, when applicable, subdivision
requirements for preliminary and final plats.
(3)
Flexibility of subdivision standards. The Town Board may approve
projects varying from the Town's subdivision requirements as
part of a WPDD without the WPDD obtaining variances from the Zoning
Board of Appeals.
(4)
Where all or part of a Waterfront Planned Development would otherwise
require a site plan approval, the final planned development plan shall
serve as the site plan, and no further compliance with the Town site
plan regulations is required.
D.
Effect on existing zoning; issuance of building permits. The granting
of a WPDD replaces the existing zoning district classification for
the subject property, and building permits shall not be issued unless
in conformity with the approved WPDD.
E.
Management agreement or homeowner's association. In the event
there is more than a single owner of the premises within the WPDD
(other than the owners of leasehold interests, no lot or dwelling
unit in the WPDD shall be sold, rented, or issued a certificate of
occupancy unless a corporation, association, property owners group
or similar entity has been formed with the right to assess all those
properties which are jointly owned with interests in the common areas
and facilities in the development to meet the expenses of such entity,
and with authority to control, and the duty to maintain all of said
mutually available features of the development. Such entity shall
operate under recorded conditions, covenants and restrictions which
shall include compulsory membership of all owners of lots and/or dwelling
units, and flexibility of assessments to meet changing costs of maintenance,
repairs and services. If there is no common ownership of facilities
and areas available for use by all tenants, the single fee owner shall
be required to satisfy this requirement by the recording of covenants
placing the obligations upon the owner of the common property or other
entity. The applicant shall submit evidence of compliance with this
requirement, including the written notice of said agreement or association
to be provided to renters or purchasers, prior to making any such
sale or rental.
F.
Unless waived by the Town Board, WPDDs shall be at least five contiguous
acres.
G.
Initial applications may be submitted for Preliminary planned development
plan approval or final planned development plan approval. If preliminary
planned development plan approval is granted, final planned development
plan approval may be requested in phases.
A.
Applications for preliminary planned development plan approval shall
include:
(1)
Name of applicant(s) and address of site (street and number, Tax
Map block and section).
(2)
Full Environmental Assessment Form Part 1.
(3)
Boundary and topographical survey of the property by a licensed engineer
or land surveyor.
(4)
A vicinity map at approximately one inch equals 1,000 feet or 500
feet, along with a site specific data list that includes: site address,
acreage (net and gross), current zoning, existing land use, proposed
land use,
(5)
A proposed site plan at a standard scale, showing intended site development
and uses, all public and private streets, proposed structures and
improvements, parking areas, open space, drainage improvements, and
recreational features.
(6)
Typical lot layouts showing house, garage, and driveway configurations,
to scale, demonstrating proposed setbacks for the proposed project.
(7)
A grading plan.
(8)
Sample elevations and details of all proposed dwelling units, commercial
buildings, fencing and screening walls, waterfront improvements, recreational
improvements; street furniture and dumpster areas; all proposed signage
and entrance treatments (to scale, with dimension call-outs and proposed
materials); and details of all proposed landscaping and lighting.
(9)
A traffic impact analysis to indicate the trip generations from the project and any potential impacts that may occur on the surrounding road network. The analysis should discuss any possible mitigation measures that may be required. The traffic analysis should also demonstrate that adequate parking shall be provided and shall be in general conformance with the parking regulations provided for in other sections of Chapter 265, Zoning, unless changes are warranted by the particular characteristics of the proposed WPDD. Adequate additional parking space for guests, customers, the handicapped, recreational vehicles, and other common storage and/or parking uses in the WPDD shall be demonstrated. Upon review of the impact analysis, the Town Board may require that a traffic impact study be performed with the scope of the report to be determined by the Town Board and its engineering consultant.
(10)
Proposed number of buildings, dwelling units, and gross floor
area of buildings.
(11)
A stormwater management analysis that describes the existing
runoff and hydrology of the project site and the impacts of the proposed
project. The analysis should contain a description of how the runoff
will be collected, treated and controlled in accordance with Town
and New York State requirements. Emphasis should be placed on the
reuse of stormwater on site for irrigation and other uses of green
infrastructure. Upon review of the impact analysis, the Town Board
may require a stormwater management report containing, as a minimum,
hydraulic computations, analysis and mitigation measures; additional
scope of the report to be determined by the Town Board and its engineering
consultant.
(12)
Proposed front, side, and back yard setbacks, and building heights.
(13)
Design requirements including requirements for streets, alleys,
streetscape, public open space, setbacks, build-to lines, access points,
parking and buffering.
(14)
Number of employees.
(15)
Proposed public utilities concept plan, including water supply,
wastewater disposal and storm drainage facilities to be constructed.
(16)
Site coverage statistics (building coverage, paved areas, green
area, by percentage of site and square footage).
(17)
Identification of which services, amenities, streets, and utilities
will be public or private.
(18)
Anticipated impact on services (quantify and discuss impacts):
traffic, sewer, water, solid waste, and emergency services.
(19)
Storage and disposal method of chemicals used (solvents, soaps,
etc.).
(20)
A schedule for the completion of buildings, public and private
facilities and site improvements.
(21)
Management agreement or homeowner's association required
by § 187-4; proposed restrictive covenants, if any.
(22)
Any other information that the Planning Board or Town Board
may deem necessary for their review of the project.
The procedure for creating a WPDD or modifying an existing WPDD's
preliminary or final approved development plan shall be as follows:
A.
Applicants may request a preapplication meeting with Town officials
to review proposed WPDD concept plans.
B.
The owner of the land (or agent thereof, hereafter referred to as the "owner") shall apply in writing to the Town Board for a change in district to a WPDD, said application to include 14 copies of the application materials described in § 167-5. One copy, and all supplemental material received, shall be kept in the Town Clerk's office for public review.
C.
Upon confirmation from the Town Clerk that all fees have been paid,
the Town Board and its advisers shall review the application for completeness,
and if complete, or upon receiving the additional information necessary
to make the application complete, refer the application to the Planning
Board for review. The Town Board may at the time of initial review
determine within its sole discretion that the proposed Waterfront
Planned Development is not in accordance with the goals and plans
of the Town or otherwise not in the public interest, and deny the
application without further review.
D.
If applicable, a full copy of the application materials, including
a copy of the application and EAF shall be forwarded to the County
Planning Board in accordance with §§ 239-1 and 239-m
of the General Municipal Law.
E.
The Planning Board shall review the application with the owner to
determine if it meets the standards of this article. The Planning
Board may recommend amendments to the preliminary development plan
as are deemed reasonably necessary to protect natural resources, limit
impacts, protect the established or permitted uses in the vicinity
and to promote the orderly growth and sound development of the Town.
F.
In making its recommendation on the proposed development and changes,
if any, the Planning Board shall consider the following factors:
(1)
The need for the proposed land use in the proposed location.
(2)
The existing character of the waterfront and the neighborhood in
which the uses will be located.
(3)
The pedestrian circulation and open space in relation to structures.
(4)
The traffic circulation features within the site and the amount,
location and access to automobile parking areas; the impact of the
proposal on existing transportation systems.
(5)
The adequacy of the proposed public/private utilities, including
water supply, sewage treatment and stormwater drainage facilities.
(6)
The height and bulk of buildings and their relation to other structures
in the vicinity.
(7)
The proposed location, type and size of display signs, driveways
and/or loading zones and landscaping.
(8)
The safeguards provided to minimize possible detrimental effects
of the proposed use on adjacent properties and the neighborhood in
general.
(9)
Impact on the waterfront, including preservation of resources, open
space, and recreational activities.
(10)
Economic benefits and costs.
(11)
Such other matters as the Planning Board may consider pertinent.
G.
As part of the plan review phase, the Town Board shall prepare a
proposed local law for the creation of the WPDD. The proposed law
shall follow the format of a model law provided by the Town Board,
and any recommendations of the Planning Board may then be incorporated
into the proposed law. The Planning Board shall recommend approval,
approval with modifications or conditions, or disapproval of the application,
and shall make its recommendation to the Town Board within 62 days
after referral of to the Planning Board, unless mutually extended
by the applicant and the Planning Board.
H.
The Town Board shall hold a public hearing on the draft local law
and preliminary planned development plan with public notice as provided
by law as in the case of an amendment to a zoning law. The Town Board,
in reaching its decision on the proposal, should consider the standards
of this section, and any other factors it considers reasonable.
I.
Upon receipt of the Planning Board's recommendation, or 62 days
after referring the application to the Planning Board, whichever is
later, the Town Board may act on the application by approving, approving
with conditions, or disapproving the application. Approval of the
application shall include adoption of the local law amending the Zoning
Map so as to define the WPDD. The Town Board may attach to its zoning
approval any additional conditions or requirements it feels are necessary
to fully protect the public health, safety and welfare of the community.
Any conditions imposed by the Town Board shall run with the land and
shall not lapse or be waived as a result of any subsequent change
in the tenancy or ownership of any or all of said area.
J.
If the Town Board denies the application, it shall state its reasons
in writing.
K.
The law adopted by the Town Board will specify the owner's obligation
to secure subdivision approval, if applicable. If, after one year
from date of a preliminary planned development plan approval a final
planned development plan approval has not been received, or if after
one year from date of a final planned development plan approval substantial
site work has not begun, the approvals given under the terms of this
article shall terminate. The land shall remain zoned WPDD until amended
by local law by the Town, but no building permits may be issued or
construction activity occur until a new or amended final planned development
plan approval is approved pursuant to the provisions of this article.
However, the applicant may, for valid reasons, request an extension
of time from the Town Board from these deadlines, which may be granted
in the sole discretion of the Town Board.
A.
Final development plans. Any final planned development plans shall
be in substantial conformance with the preliminary plans. Prior to
the issuance of any permits for the erection or enlargement of any
buildings within an established WPDD, final precise site and elevation
plans for all buildings and landscaping within the district or approved
phase of the development shall be submitted to and approved by the
Town Board. If the original action establishing an WPDD included the
submission and approval of final precise plans for the complete development,
building permits may be issued in accordance with those plans. In
connection with the review of final development plans, deviations
in any of the conditions previously established may be authorized
pursuant to the provisions of this section.
B.
Final planned development plan approval. If the preliminary planned
development plan did not include all details, or if the applicant
wishes to construct in phases or to modify the preliminary planned
development plan, including modifying conditions, final plans, with
all required detail, shall be submitted, including:
(1)
Engineering plans showing how the site is to be serviced with sewer,
water, well, and/or septic systems (as approved during the preliminary
plan stage).
(2)
Lighting plans.
(3)
Final drainage and stormwater retention and detention plans.
(4)
Road plans, including curbs and gutters, on-site/off-site signalization,
acceleration, deceleration lanes, etc.
(5)
Sidewalk, paths, and cycle trails.
(6)
Landscape plans showing the type and location of plant material,
berms, and other aesthetic treatments.
(7)
Any deviations from the preliminary planned development plan approval.
C.
Final planned development plans shall be submitted to the Town Board.
If the proposed final planned development plan deviate, in the Town
Board's opinion, significantly from the preliminary planned development
plan (for example, changes in traffic patterns, increases in density,
changes in the height of buildings, reductions of proposed open space,
changes in total bedroom counts of more than 5%, changes in bedroom
mixes of more than 5%, changes in the development schedule, changes
in road standards, changes in the final governing agreements, provisions,
or covenants, or increased impacts on natural features, etc.), the
Town Board may elect to treat the proposed final planned development
plan as an amended preliminary planned development plan, and restart
the Planning Board review and public input process and reconsideration
of a new preliminary and/or final planned unit development plat, or
relevant portion thereof.
D.
Permits. Except as approved by the Town Board, No permit shall be
issued for grading, or for the erection, enlargement or maintenance
of buildings or structures for a WPDD, and no person shall perform
any such development or construction work, except in full compliance
with the final development plans approved as herein provided.
A.
A nonrefundable fee as determined by the Town Board shall be paid
to the Town upon each application.
B.
The applicant shall also be responsible for reasonable expenses (legal,
engineering, etc.) incurred by the Town in reviewing the application.
The applicant will enter into an escrow agreement with the Town to
provide for the payment of these expenses prior to the Town reviewing
the application.
