Where planned development techniques are deemed appropriate
through the rezoning of land to a Planned Development District (PDD)
by the Town Board, the set of use and dimensional specifications located
elsewhere in this chapter may be replaced by an approval process in
which an approved PDD plan becomes the basis for continuing land use
controls within the PDD boundary.
A.
The planned development procedure provides a flexible land use and
design regulation through the use of performance criteria. It enables
site-sensitive development and innovative development techniques not
possible through strict application of standard zoning (use and bulk)
and subdivision (platting and design of improvements) requirements.
The conventional use, area, bulk and density specifications set forth
by other sections of this chapter are intended to be replaced, through
application of the planned development procedure, by an approved PDD
plan, which then becomes the basis legislatively established by the
Town Board for detailed design, review, control and subsequent development.
B.
It is also the intent of a PDD to encourage innovations in project
content and design which accommodate demands for business development,
employment, recreational, commercial, and residential development.
C.
While flexibility is encouraged, it is intended that this procedure,
required conformance with the Town's Comprehensive Plan and the purposes
of this article shall ensure the general welfare of the Town.
PDDs shall:
A.
Preserve natural habitats, trees, outstanding natural topographical
and geological features and prevent soil erosion.
B.
Incorporate the existing natural and man-made environment into the
design.
C.
Accomplish a purpose beneficial to the Town that cannot be accomplished
through conventional zoning.
D.
Create an environment which is more desirable than that possible
through the application of conventional zoning.
E.
Demonstrate a creative use of the land and related physical development
which allows an orderly transition of land from one use to another.
F.
Ensure that nonresidential uses support the community in terms of
work force, design and character.
A.
General applicability and location of PDDs. A PDD may be established
on any tracts of land in the Town of New Hartford that meet the criteria,
objectives and standards required of this article and chapter where
a PDD application and requisite Zoning Map amendment are approved
by the Town Board and Planning Board as required.
B.
Recreational Activity Planned Development District (RAPDD).
(1)
Purpose. The Recreational Activity Planned Development District is
intended to allow for the development of a mix of public and commercial
recreational activities and their ancillary uses which may include,
but are not limited to, snack bars, clubhouses and pro shops.
(2)
Permitted uses. The permitted principal and accessory uses in the
RAPDD include all principal uses permitted in Schedule A[1] for the existing zoning district in which the RPDD is
being considered, as well as all uses permitted in the PR and RA Districts.
[1]
Editor's Note: Schedule A is included as an attachment to
this chapter.
C.
Residential Planned Development District (RPDD).
(1)
Purpose. The Residential Planned Development District is intended
to provide for creative developments which provide for a variety of
housing types and styles suitable for a variety of income levels.
(2)
Permitted uses. The permitted principal and accessory uses in the
RPDD include all principal uses permitted in Schedule A for the existing
zoning district in which the RPDD is being considered, as well as
all uses permitted in the MDR, HDR and C-3 Districts.
D.
Mixed Use Planned Development District (MUPDD).
(1)
Purpose. The Mixed Use Planned Development District is intended to
provide creative, pedestrian-scale areas where a mix of uses, including
residential, institutional and commercial, may be compatible.
(2)
Permitted uses. The permitted principal and accessory uses in the
MUPDD include all principal uses permitted in Schedule A for the existing
zoning district in which the MUPDD is being considered, as well as
all uses permitted in the PR, RA, MDR, HDR, I, MU and C-3 Districts,
with the following additional requirements:
E.
BPDD Business Planned Development District (BPDD).
(1)
Purpose. The Business Planned Development District is intended to
provide for a variety of retail, professional office, commercial and
light industrial uses.
(2)
Permitted uses. Permitted principal and accessory uses in the BPDD
include all principal uses permitted in Schedule A for the existing
zoning district in which the BPDD is being considered, as well as
all uses permitted in the I and C-1 Districts and the following:
A.
Development area. The minimum development area required to qualify
for a PDD is five contiguous acres of land without interior parcels
or holdings which are not a part of the PDD. The calculation of such
land shall not include existing streets, easements, parks or otherwise
dedicated land or acreage, slopes in excess of 15%, floodplains, wetlands
or unusual or adverse geologic features or sub-soil conditions.
B.
Ownership. The tract for a PDD may be owned, leased or controlled
by a single person or corporation or by a group of individuals or
corporations acting in concert. Any application or petition must be
filed by the owner, or jointly by the owners of all property included
in a project. In the case of multiple ownership, the approved plan
shall be binding upon all owners. When common property exists or is
proposed, arrangements, satisfactory to the Town Board and the Town
Planning Board, must be presented for the maintenance of said property,
including roads, driveways, service and parking areas and recreational
and other open space areas.
A.
Application process. Application for a PDD shall be made to the Town
Board on such forms as may be provided by the Town. The Town Board
shall, if it determines that the proposal merits review, refer the
application to the Planning Board for review and recommendation. If
the Town Board determines that the proposal does not merit review
because it does not meet the objectives of this article, it shall
not refer the application to the Planning Board, and no further action
on the application shall be taken.
B.
Application submission requirements. The application for a Planned
Development District shall include:
(1)
The PDD application fee.
(2)
Ten copies of a completed long environmental assessment form (EAF)
Part I, in accordance with Article 8 of the Environmental Conservation
Law (ECL) and Title 6, Part 617, of the New York Codes, Rules and
Regulations (NYCRR).
(3)
Ten copies of a site plan as defined in Article X, Site Plan Review, of this chapter, clearly showing and/or narratively describing in a supplemental document the following information:
(a)
The location of the principal and accessory uses and buildings
on the site in relation to one another and neighboring development.
(b)
The height and bulk of buildings and their relation to one another
and neighboring development.
(c)
Delineation of the various residential areas, as applicable,
indicating for each such area:
[1]
General extent, size and composition in terms of total number
of dwelling units;
[2]
Approximate percentage allocation by dwelling unit type (i.e.,
single-family detached, duplex, townhouse, apartments);
[3]
Description of the intended market structure (i.e., luxury,
middle income, moderate income, elderly units, family units, etc.);
[4]
Calculation of the residential density in dwelling units per
gross acre (total area including interior roadways) for such area;
and
[5]
Calculation of total permeable area.
(d)
The pedestrian circulation and open space distribution in relation
to the structures and to prospective user needs.
(e)
The traffic circulation features within the site and the amount,
location and safety of access both to the site and within the site,
including the overall provision of vehicular parking areas.
(f)
The adequacy of proposed utilities, including, but not limited
to, water supply, sewage treatment and stormwater drainage facilities.
(g)
The protection of existing natural features, landscaping plans
to be implemented subsequent to development and a long-term maintenance
plan for such landscaping.
(h)
The efforts provided to mitigate, if not eliminate, possible
detrimental effects of the proposed use or uses on adjacent properties
and the neighborhood in general. This may include buffer and screening
plans.
(i)
The method of ownership, control and maintenance of all common
lands and facilities, structures or buildings thereon, parking areas,
walkways and utilities.
(j)
If the development is to be phased, a general indication of
how the phasing is to proceed.
(k)
Evidence of the applicant's financial competence to carry out
the plan.
(l)
A fiscal impact analysis identifying projected short and long-term
impacts on municipal and school district budgets.
C.
Referral of application to Planning Board.
(1)
The Town Board shall refer the application and accompanying documents
to the Planning Board for its review and recommendation. Within 90
days of the date of receipt by the Planning Board, of referral from
the Town Board or from the date that all information requested by
the Planning Board is submitted, whichever is later, the Planning
Board shall, in writing, recommend approval, approval with modifications
or disapproval to the Town Board of such PDD application.
(2)
Professional review.
(a)
As part of the Planning Board review process, all applications
shall be reviewed by one or more of the following independent New
York State licensed professionals: engineer, architect, landscape
architect or professional planner. The cost associated with the independent
review shall be the expense of the applicant. The Planning Board may
deny an application upon failure of the applicant to make such payment
in a timely manner. The Town Attorney shall establish the terms of
the payment in consultation with the Planning Board and the applicant.
(b)
All professional observations and recommendations shall be submitted
in writing to the Planning Board and shall be considered by the Planning
Board as part of the PDD application review and final development
plan review under site plan review.
(3)
Upon completion of its review, the Planning Board shall prepare and
submit a report to the Town Board regarding the PDD application, recommending
either adoption, adoption with modification or rejection of the requested
rezoning and stating the reasons for such recommendation. If the recommendation
is favorable, the report shall include the following findings:
(a)
That the proposal complies with the objectives of the Town's
Comprehensive Plan.
(b)
That the proposal meets the intent and objectives of the PDD
as expressed in this article.
(c)
That the proposal is conceptually sound in that it meets local
and area-wide needs and it conforms to accepted design principles
in the proposed functional roadway and pedestrian system, land use
configuration, open space system, drainage system and scale of elements,
both absolutely and to one another.
(d)
That there are adequate services and utilities available or
proposed to be made available in the construction of the development.
(e)
That traffic will not have an adverse impact on the adjoining
transportation system; or, alternatively, that proposed traffic mitigation
measures will reduce such impacts.
D.
Town Board action.
(1)
Upon receipt of the report and SEQR recommendations from the Planning
Board, the Town Board shall review the application and the Planning
Board's recommendation and findings and may then set a date for and
conduct a public hearing to consider the application.
(2)
When required, the Town Board shall refer the application to the
Oneida County Department of Planning for a referral in accordance
with General Municipal Law § 239-m.
(3)
Upon completion of the public hearing and due consideration of the
application, the Town Board shall act to adopt, adopt with modifications,
or reject the requested PDD zoning amendment.
(4)
If the Town Board grants the Planned Development District, the PDD
will not be in effect until the Planning Board grants final site plan
approval and work commences within two years.
(5)
The Town Board may attach to its zoning resolution additional conditions
or requirements in order to protect the health and safety of the community.
Such requirements may include but are not limited to:
E.
Planning Board site approval. Upon approval of the zoning request by the Town Board, the applicant shall submit final plans to the Planning Board, consistent with the site plans submitted with the application to rezone, with such modifications as may have been required by the Town Board. Final site plan submittal requirements shall be as set forth in Article X, Site Plan Review, of this chapter.
A.
Density. The density shall be as determined by the approved PDD Site
Plan.
B.
Lot development requirements.
(1)
Residences may be of any type consistent with the purpose and objectives
of this article; however, no more than six townhouse units may be
attached as a group.
(2)
Building height, setbacks and lot frontage shall be as determined
by the approved PDD Site Plan.
(3)
The maximum impervious surface for the PDD shall be 66%.
C.
Building design standards for all PDDs.
(2)
All buildings in the layout and design shall be an integral part
of the development and have convenient access to and from adjacent
uses.
(3)
Individual buildings shall generally be related to each other in
design, mass, materials, placement and connections to provide a visually
and physically integrated development.
(4)
Treatment of the sides and rear of all buildings within the PDD will
be comparable in amenity and compliance to the treatment given to
street frontages of these same buildings.
(5)
The design of buildings and the parking facilities shall take advantage
of the topography of the site, where appropriate, to provide separate
levels of access.
(6)
All building walls shall be so oriented as to ensure adequate light
and air exposure to the rooms within and to adjacent properties.
(7)
All buildings shall be arranged so as to avoid undue exposure to
loading or parking facilities wherever possible and shall be so oriented
as to preserve visual and audible privacy between adjacent buildings.
(8)
All buildings shall be arranged so as to be accessible to emergency
vehicles.
(9)
Exterior surfaces of all structures shall have color tones which
blend well with the natural vegetation of the area.
D.
Open space requirements. Common open space totaling not less than
15% of the total PDD tract shall be provided in perpetuity. This land
shall be exclusive of any land area used primarily for vehicular modes
of transportation, including parking areas, garages, carports and
other features. The ownership of such open space land may be either
public or private. When in private ownership, a homeowners' association,
or similar mechanism for the long-term ownership and maintenance of
this common open space, shall be provided, subject to the approval
of the Town Board. The grant of a conservation easement to further
ensure the protection of this open space may be required.
(1)
The location, shape, size and character of the open space must be
suitable for the planned development.
(2)
Open space may be used for amenity or recreational purposes. The
uses authorized for the open space must be appropriate to the scale
and character of the planned development, considering its size, density,
expected population, topography and the number and types of dwellings
to be provided.
(3)
Open space must be suitable for its intended use. If intended for
active use, said open space shall be suitably improved. The buildings,
structures and improvements which are permitted in the open space
must be appropriate to the uses which are authorized for the open
space.
(4)
The development schedule which is part of the final site plan must
coordinate the improvement of the open space and the construction
of buildings, structures and improvements.
(5)
All land shown on the final site plan as open space must be maintained
and used for said purpose.
E.
Water supply and sewage disposal. All planned developments shall
be served by a water supply and distribution system and shall have
sewage disposal facilities which are in accordance with the requirements
of the Town of New Hartford and the New York State Health Department.
F.
Stormwater runoff control; erosion and sedimentation control. All applicable standards and requirements of § 118-85 and other local, state and federal laws shall apply.
G.
Landscape design standards.
(1)
All development shall meet the landscaping and screening requirements of § 118-81 of this chapter.
(2)
Landscape treatment for roads, paths, service and parking areas and
dumpsters shall be designed as an integral part of a coordinated landscape
design for the entire site.
(3)
Whenever possible, existing trees shall be conserved and integrated
into the landscape design plan.
(4)
Wherever possible, streets trees shall be planted at appropriate
intervals on all streets bordering or within the project area.
H.
Circulation system design standards.
(1)
There shall be an adequate, safe and convenient arrangement of pedestrian
circulation facilities, sidewalks, paths and lanes for bicycles, pedestrian-
and cyclist-related amenities, roadways, driveways, lighting, off-street
parking and loading spaces.
(2)
Roads, sidewalks, other pedestrian walkways, bicycle lanes and paths
and open spaces shall be designed as an integral part of an overall
site design and shall be properly related to existing and proposed
buildings and shall be appropriately landscaped.
(3)
Materials and design of paving, lighting fixtures, retaining walls,
fences, curbs, benches, etc., shall be of good appearance and easily
maintained and indicative of their function and shall comply with
other laws, ordinances, rules and regulations wherever applicable
thereto.
I.
Parking and loading design standards.
(1)
All development shall meet the off-street parking and loading standards of § 118-82 of this chapter.
(2)
The Planning Board may require that parking facilities be landscaped
and screened to the extent necessary as determined by the Planning
Board.
(3)
Pedestrian connections between parking areas and buildings shall
be via pedestrian walkways.
(4)
Parking facilities shall be designed with careful regard to orderly
arrangement, topography, landscaping and ease of ingress and egress
and shall be developed as an integral part of an overall site design.
A.
In the event that a final site plan has not been submitted within
three years from the date the Zoning Map amendment establishing the
Planned Development District became effective, the Planning Board
shall so notify the Town Board. The Town Board may, on its own motion
or on request by the Planning Board, initiate a Zoning Map amendment
to return the Planned Development District to its former classification.
B.
In the event that 1/3 of the work has not been completed on the newly
proposed project within two years from the date that final approval
has been rendered by the Planning Board, the Planning Board shall
notify the Town Board. The Town Board, on its own motion or on request
by the Planning Board, may initiate a Zoning Map amendment to return
the Planned Development District to its former classification.
