A.
Planned development districts (PDDs) provide a procedure for allowing
flexible land use and design through creative planning and design.
PDDs allow development matched to the unique characteristics of the
site and allow innovative development techniques that might not otherwise
be possible through strict application of standard use, area, bulk,
and density specifications.
B.
Approved PDDs will enable greater flexibility than conventional zoning
while providing a customized regulatory framework that recognizes
the unique environmental, physical, and cultural resources of the
project and neighborhood. PDD legislation adopted by the Village Board
will replace existing zoning for the parcel or parcels becoming PDDs
and will become the basis for detailed design, review, and control
of subsequent development.
C.
Planned development districts shall advance the goals of the Village's
various planning documents that promote innovation in the design and
layout of structures and encourage compact, pedestrian-oriented development
and redevelopment, ensure adequate provision of community services,
preserve significant natural features, and permanently protect open
space resources.
D.
Planned development districts shall encourage a mix of uses on one
site that result in a cohesive unified project which would otherwise
not be attainable through traditional zoning. The intent of the PDDs
is not to circumvent the variance or traditional zoning amendment
process in order to establish single uses which would not normally
be allowed by the underlying zoning district.
E.
While flexibility is encouraged, it is intended that the conformance
with municipal service availability and the purposes of this chapter
shall ensure that the general welfare is protected through equal treatment
under this uniform procedure. The Village Board shall consider the
health, safety, and welfare of the residents, as well as the aesthetics
of all proposed project approvals.
In order to carry out the intent of this chapter, all approved
PDDs shall:
A.
Produce a development pattern in harmony with the land use intensity,
transportation facilities, and community facilities within the vicinity
of the project area.
B.
Preserve significant natural topography, geological features, scenic
vistas, and ecosystems.
C.
Prevent the disruption of natural drainage patterns, soil erosion,
and uncontrolled surface water drainage.
D.
Preserve and integrate historically significant structures and sites
with viable adaptive uses.
E.
Use land efficiently, resulting in smaller networks of streets and
utilities and thereby lower development and maintenance costs.
F.
If residential in land use, provide a maximum choice in occupancy
tenure (e.g., individual ownership, leaseholds, and condominiums),
type of housing (e.g., detached houses, townhouses, garden apartments),
lot size, and community facilities.
G.
Provide an adequate and integrated system of open space and recreation
areas designed to tie the PDD together internally and link it to the
larger community.
H.
Use creative design on the site which allows for an orderly transition
of land uses.
I.
Adhere to any applicable economic conditions, post-development agreements,
regional or Village plans, or environmental mitigation which may be
required.
A.
Except where otherwise noted below, the existing use, dimensional,
sign and parking regulations may be altered in order to establish
a planned development district; provided, however, that the standards
are met.
B.
Ownership. The tract of land for a project may be owned, leased or
controlled either by a single person or corporation or by a group
of individuals or corporations. An application must be filed by the
owner or jointly by the owners of all property included in the project.
In cases of ownership by multiple parties, the approved plan and its
amendments shall be binding on all owners or their successors in title
and interest.
C.
Location of planned development districts. Planned development districts
may be proposed in any zoning district.
D.
Minimum area. The minimum area required for a planned development
district shall not be less than 10 contiguous acres in residential
districts and not less than five contiguous acres in nonresidential
districts.
E.
For PDDs proposed within the BBD, T4, and T5 Districts, residential density, building and parking setbacks, and building height and facade requirements set forth in Article 3, (Broadway Corridor Form-Based Districts) of this chapter shall not be modified without an area variance.
F.
The construction of new roads shall comply with the requirements of Article 6, (Complete Streets Regulations) of this chapter.
G.
The parking maximums set forth in Article 8, (Automobile and Bicycle Parking), of this chapter, shall not be exceeded without adequate justification demonstrating need.
H.
Water supply and sewage disposal. PDDs which include a significant
number of residential units should be served by a community water
system and be provided with sewage disposal facilities, if appropriate,
in accordance with the requirements of the Village, the county and
the New York State Departments of Health and Environmental Conservation.
PDDs shall not impose an undue burden upon essential public facilities
and services.
A.
General. Whenever a PDD is proposed, before any zoning and building
permit shall be granted, and before any subdivision plot may be filed
in the office of the County Clerk, the prospective developer or their
authorized agent shall apply for and secure approval of such planned
development district in accordance with the following procedures.
B.
Sketch plan review procedure.
(1)
Prior to the formal filing of a PDD application, the applicant shall
submit a sketch plan of the proposal to the Village Board.
(2)
The sketch plan may include:
(a)
A map identifying the boundaries and physical characteristics
of the proposed PDD, including uses and ownership of abutting lands.
(b)
A conceptual development plan including a succinct narrative
of the intent and attributes of the proposed district(s) that describes
the location, conceptual design, and use of any lots and structures.
(c)
The proposed amount, location, and use of open space.
(d)
Any anticipated changes in the existing topography and natural
features.
(e)
The location of the site with respect to nearby streets, rights-of-way,
adjacent properties, easements, utilities, and other pertinent features
within 200 feet.
(f)
The general outlines of the interior roadway system and all
existing rights-of-way and easements, whether public or private.
(g)
Preliminary use and dimensional requirements, including:
(h)
In addition, the following documentation shall accompany the
sketch plan:
(i)
Application fee as determined by the Village Board.
(3)
During sketch plan review, the Village Board, in its legislative
capacity, establishes the boundaries of the proposed PDD and sets
limits on the nature and range of uses, geometric and site controls,
and overall project planning. Specifically, the Village Board shall
review the sketch plan according to the following criteria:
(4)
Village Board sketch plan decision.
(a)
Within 30 days of submittal of the PDD sketch plan and/or additionally
requested information, the Village Board shall reject or accept the
sketch plan application as complete.
(b)
Within 45 days of acceptance of the sketch plan as complete,
the Village Board shall take action to approve, with or without conditions,
or disapprove the proposed PDD sketch plan, based on the criteria
set forth above.
(c)
If the Village Board determines in its discretion that the sketch
plan does not merit further consideration and should be denied because
it does not meet the purpose, intent, objectives, and requirements
of this chapter and section or other considerations of this chapter,
no further action on the application shall be taken. A written decision
by the Village Board shall be provided to the applicant.
(5)
If the Village Board determines the application has merit to proceed
and should be approved with or without conditions, the applicant may
proceed to formal PDD application.
C.
Formal application.
(1)
After sketch plan review is complete, a formal application for establishment
of a planned development district shall be made in writing to the
Village Board and shall be accompanied by the applicable fee. The
application shall also be accompanied by a full environmental assessment
form or draft EIS as required by the SEQRA.
(2)
The Village Board shall refer the application according to the requirements
of General Municipal Law §§ 239-m, 239-n, and 239-nn
and SEQRA.
(3)
The formal application shall describe the proposed physical changes
to the project area in a report that includes graphics and a supporting
narrative. The application shall contain sufficient facts and information
for the Village Board to make the findings required under this section.
Fully engineered plans and construction details are not required at
this stage in the process; however, the level of detail shall be sufficient
to provide the Village Board with enough information to understand
the proposed PDD. The following information is required:
(a)
The desirability of the proposed land use in the proposed location.
(b)
The existing character of the neighborhood.
(c)
Access, circulation, parking, and transportation management.
(d)
Proposed location, type and size of signs and driveways.
(e)
Existing state, county, or Village highways that provide access
to the area.
(f)
Vehicular traffic circulation features, including proposed highways
and roadways within the PDD.
(g)
Multimodal (bikes, pedestrians, etc.) accessibility and navigation
through the district.
(h)
The general location of principal and accessory buildings in
relation to one another and to other structures in the vicinity.
(i)
The conceptual footprint, height and bulk of buildings and the
intended use for such buildings.
(j)
Other site improvements.
(k)
Phasing program if phases are proposed.
(l)
General landscaping concept and features.
(m)
Preservation of open space and natural areas, including the
amount and location of open space, recreation area, and pedestrian
circulation areas and provisions for permanent protection.
(n)
Infrastructure improvements, including water supply source and
delivery, drainage, and energy.
(o)
The general plan for the collection and disposal of sanitary
wastes.
(p)
The proposed safeguards to be provided to minimize possible
detrimental effects of the proposed use on adjacent properties and
the neighborhood in general (if a full environmental assessment form
was provided instead of a draft EIS).
(q)
Compatibility with the Village's various planning documents.
(r)
Permitted uses, conditional and accessory uses.
(s)
Maximum development intensity of residential uses.
(t)
Floor area ratio for nonresidential uses.
(u)
Lot coverage.
(v)
Build-to distances from public and private ways.
(w)
Setbacks for structures and parking areas.
(x)
Minimum lot size.
(y)
The number, size and location of automobile parking areas and
loading areas and the proposed access to such areas.
(z)
Minimum lot frontages and building massing.
(aa)
Preservation of historic structure(s).
(bb)
Design standards and guidelines.
(cc)
A proposed amendment to the Zoning Code, including, at a minimum,
a written metes and bounds description of the property and standards
for development.
(dd)
All material and data necessary to conduct review under the
State Environmental Quality Review Act.
A.
The Village Board may require such changes in the preliminary plans
as are found necessary or desirable to protect the established or
permitted uses in the vicinity and to promote the orderly growth and
sound development of the community.
B.
The Village Board shall develop written findings that document the
facts and information relied upon to reach its conclusions in rendering
a decision on a PDD. The following mandatory findings must be addressed:
(1)
That the PDD is consistent with the objectives and standards of this
chapter.
(2)
That adequate community facilities and services exist and/or are
to be accommodated as part of this planned development.
(3)
That the PDD establishes a mix and a physical development pattern
which would not be attainable through a traditional zoning amendment,
as described in this Code.
(4)
That the PDD is compatible with the surrounding neighborhood context
and character and is in conformance with the policies in the Village's
various planning documents.
(5)
That the PDD has mitigated potential undue adverse environmental
impact as set forth during SEQRA review to the maximum extent practicable.
(6)
That the PDD will add to the long-term assets of the community and
it will not erode the livability or economic viability of existing
and neighboring areas.
(7)
That the open space and recreation areas and facilities provided
are commensurate with the level of development proposed and the predevelopment
open space resources potentially available for protection.
(8)
That the provisions to protect open space resources are sufficiently
secured by dedication where appropriate and desirable or legal instruments
and/or monitoring programs and/or establishment or use of an existing
trust to ensure their continued long-term protection.
A.
Upon completion of the findings, the Village Board may then consider
the legal establishment of the planned development district through
a Zoning District Map amendment. In particular, any application for
the creation of a planned development district shall be considered
a Type 1 action under SEQRA.
B.
The Village Board shall hold a public hearing thereon upon such notice
as is required by this chapter for a zoning amendment and applicable
provisions of the Village Law of the State of New York.
C.
The Village Board shall render a decision on the application within
62 days of the public hearing, unless an extension of time is agreed
to by the applicant and Village Board, according to the following
criteria:
(1)
That the PDD is consistent with the purpose and intent of this Code
including, where applicable, the objectives and standards of this
chapter;
(2)
That the PDD is compatible with the surrounding neighborhood context
and character and is in conformance with the surrounding neighborhood;
(3)
That the PDD has mitigated potential undue adverse environmental
impact as set forth during SEQRA review to the maximum extent practicable;
(4)
That the PDD will add to the long-term assets of the community and
it will not erode the livability or economic viability of existing
and neighboring areas;
(5)
That the open space and recreation areas and facilities provided
are commensurate with the level of development proposed and the predevelopment
open space resources potentially available for protection;
(6)
That the provisions to protect open space resources are sufficiently
secured by dedication where appropriate and desirable or legal instruments
and/or monitoring programs and/or establishment or use of an existing
trust to ensure their continued long-term protection; and
(7)
The Village Board may, if it believes it necessary in order to fully
protect the health, safety, and general welfare of the community,
attach to its zoning resolution approving the zoning change additional
conditions or requirements that applicants must meet. Such requirements
may include but are not limited to:
(a)
Visual and acoustical screening.
(b)
Land use mix.
(c)
Pedestrian and vehicular circulation system.
(d)
Parking and snow removal.
(e)
Sites for public services.
(f)
Protection of natural and/or historical features.
(g)
Requirements or conditions identified during the SEQR process
and/or voluntary agreements between the applicant and the community,
including economic incentives or infrastructure improvements.
D.
If the zoning change is approved by the Village Board, the Official
Village Zoning Map shall be amended so as to define the boundaries
of the planned development district, and such amendment shall be advertised
and recorded in accordance with the requirements of the New York State
Village Law.
A.
Application. Application for approval of a building project within
an established planned development district shall be made in accordance
with the procedures for site plan review. Application shall be made
by the owner(s) or developer(s) of the area to be occupied by the
building project.
B.
No building permit or certificate of occupancy shall be issued for
any project within a PDD until the Village Board determines that the
proposed project is consistent with the approved PDD.
(1)
The development standards approved by the Village Board shall guide
the planning and design of subsequent projects and/or phases of development
within the PDD.
(2)
A building project within a planned development district shall conform
in all respects to the approved plans.
(3)
The Village Board, as appropriate, shall document that the following
requirements have been met prior to approval of a development project
within a PDD.
(a)
The project is in conformance with the approved planned development
district.
(b)
The minimum setbacks required for the underlying zoning district
shall apply to the periphery of the project.
(c)
All other zoning requirements of the district, except those
modified or specifically deemed not applicable by the administrative
officer, shall be met.
(d)
The development plan shall specify reasonable periods within
which development of each phase of the planned development may be
started and shall be completed.
Applications for subdivisions in a planned development district shall be made to the Village Board in accordance with Village of Menands Code Chapter 148, (Subdivision of Land). In the event of a conflict between the subdivision regulations and this chapter or any requirement imposed hereunder, the provisions of this chapter of such requirements shall apply.
The Village Board may require an applicant for any review, permit
or approval to deposit in escrow a reasonable amount established by
the Village Board to pay for the fees and/or costs of any engineer,
consultant or attorney designated by the Village Board to review such
application. The fees and/or costs charged by such engineer, consultant
or attorney in connection with such review will be charged against
the sum deposited in escrow. Any amount remaining shall be returned
to the applicant within 45 days of final action on the application.
All conditions imposed by the Village Board, including those
the performance of which are conditions precedent to the issuance
of any permit necessary for the development of all or any part of
the entire site, shall run with the land and shall neither lapse nor
be waived as a result of any subsequent change in the tenancy or ownership
of any or all of said area. Such conditions shall further be a part
of any certificate of occupancy issued for any use or structure in
such development.
A.
PDD legislation repealer.
(1)
The Village Board shall act to return the property to its prior zoning
district classification if it finds that:
(a)
Performance requirements which may have been specified by the
Village Board in its PDD approval action, such as a time limit for
either initiation or completion of improvements and other construction
work on the proposed development, have not been met, unless the Village
Board, upon specific application and for a good cause, authorizes
an extension of such performance requirement.
(b)
The PDD approval has expired by the failure of the project sponsor
to make substantial and continuing progress in the development of
the project for more than three years from the date of final approval.
The determination of substantial and continuing progress shall be
determined solely by the Village Board, which may consider any number
of factors in making its determination, including the securing of
project financing and changed market conditions.
(2)
If a planned development district expires, any building constructed
or used may continue as a nonconforming use and such shall continue
to be bound by the previous PDD approval.
A.
An application for the amendment of an established planned development
district shall be made in writing to the Village Board and shall be
accompanied by the applicable fee. The application shall also be accompanied
by a full environmental assessment form or draft EIS as required by
SEQRA.
B.
The application shall describe the proposed physical changes to the
project area in a report that includes graphics and a supporting narrative.
The application shall contain sufficient facts and information for
the Village Board to make the findings required under this section.
C.
Procedure. The procedure for an amendment of an existing PDD shall
be the same as that required to establish a new PDD, as described
herein.
