Except as hereinafter provided, no land shall
be used or occupied, and no building, structure or part thereof shall
be erected, moved or altered except in conformity with all provisions
contained in this chapter relating to the zoning district in which
the land, water, site, structure or use is located or proposed to
be located and with all other regulations specified herein.
[Amended 6-14-2022 by L.L. No. 3-2022]
Except as herein provided, no building or structure shall be
hereafter erected, moved or altered to exceed the maximum permitted
height, to accommodate or house a greater number of families, to occupy
a greater percentage of lot area or to have narrower or smaller rear
yards, front yards or side yards than is specified herein for the
district in which such building or structure is located. All large
development projects within one-half mile to existing water and/or
sewer shall be required to connect to these utilities.
No part of a yard or other open space required
about any building for the purpose of complying with the provisions
of this chapter shall be included as a part of a yard or other open
space similarly required for another building.
Before the construction or alteration of any building or structure or any part of either, the owner or lessee thereof, or the agent of such owner or lessee, or the architect or builder employed by such owner or lessee, in connection with the proposed construction or alteration, shall obtain a building permit as specified in Article XI of this chapter, signifying that the building or structure and proposed use thereof complies with the provisions of this chapter and the Building Code of the Town of Moreau.[1] The building permit shall be displayed prominently at
the site of the construction or alteration.
No land shall be changed in use and no building or structure hereafter erected, altered or extended or changed in use until a certificate of occupancy has been issued, as specified in Article XI of this chapter, signifying that such use or change in use complies with the provisions of this chapter.
The regulations limiting the use of buildings and land and the bulk and arrangement of buildings are set forth in the attached schedules for each of the districts established by Article III of this chapter. Such schedules are hereby adopted and declared to be a part of this chapter; such schedules are hereinafter referred to as "schedules" and may be amended in the same manner as any other part of this chapter. Wherever in such schedule there appear the words "same as in (symbol of district)," such words shall be construed to include the specific limitations as set forth in the same column for the district thus referred to, unless other limitations are shown in the schedule. Otherwise, all limitations as to use, percentage of area, permissible height, required yards and minimum sizes thereof and other requirements shall be those set forth in such schedule which, for each district named, shall be read across the schedule from left to right.[1]
[1]
Editor's Note: The schedules are included
at the end of this chapter.
A.
Purpose. R-1 Districts are established single-family
residential neighborhoods where the character is single-family detached
residences on standardized lots. This character will be strictly reinforced
and preserved throughout the R-1 Zone.
B.
Use regulations. Permitted, accessory and special
permit uses in R-1 Districts shall be as set forth in the Schedule
of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations
in R-1 Districts shall be as set forth in the Schedule of Regulations
included at the end of this chapter.
A.
Purpose. R-2 Districts are generally suburban in character
and are dominated by single-family detached residences. They are located
adjacent to the most heavily built-up areas of town and are generally
suitable for residential development.
B.
Use regulations. Permitted, accessory and special
permit uses in R-2 Districts shall be as set forth in the Schedule
of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations
in R-2 Districts shall be as set forth in the Schedule of Regulations
included at the end of this chapter.
[8-25-2020 by L.L. No. 3-2020]
A.
Purpose. R-3 Districts encompass outlying areas of
town which are best suited for agriculture and residential development
on large lots, due either to limiting soil conditions or existing
community character.
B.
Use regulations. Permitted, accessory and special
permit uses in R-3 Districts shall be as set forth in the Schedule
of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations
in R-3 Districts shall be as set forth in the Schedule of Regulations
included at the end of this chapter.
[8-25-2020 by L.L. No. 3-2020]
A.
Purpose. The R-4 District encompasses areas of unique
natural resources and scenic beauty. Development in this district
is limited to sparse densities to preserve and enhance the rural and
open space character of the Town.
B.
Use regulations. Permitted, accessory and special
permit uses in R-4 Districts shall be as set forth in the Schedule
of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations
in R-4 Districts shall be as set forth in the Schedule of Regulations
included at the end of this chapter.
[8-25-2020 by L.L. No. 3-2020]
A.
Purpose. The R-5 District encompasses the bulk of
active agricultural land in the Town. The purpose of this district
is to promote, enhance and protect agriculture by limiting development.
B.
Use regulations. Permitted, accessory and special
permit uses in R-5 Districts shall be as set forth in the Schedule
of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations
in R-5 Districts shall be as set forth in the Schedule of Regulations
included at the end of this chapter.
A.
Purpose. The UR District is designed to provide for
the demand for high-density, multifamily housing in areas located
near existing services. Because of limiting soils conditions, multifamily
development will only be allowed with the provision of public water
and sewer services.
B.
Use regulations. Permitted, accessory and special
permit uses in UR Districts shall be as set forth in the Schedule
of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations
in UR Districts shall be as set forth in the Schedule of Regulations
included at the end of this chapter.
A.
Purpose. The C-1 Districts are those areas where intense
commercial development exists or is anticipated. Site plan review
is required for all uses in order to create coherant and safe traffic
patterns, efficient loading and unloading, an aesthetically pleasing
shopping environment and safe pedestrian circulation.
B.
Use regulations. Permitted, accessory and special
permit uses in C-1 Districts shall be as set forth in the Schedule
of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations
in C-1 Districts shall be as set forth in the Schedule of Regulations
included at the end of this chapter.
[Added 4-7-1998 by L.L. No. 4-1998]
A.
Purpose. The CC-1 Districts are those areas where
telecommunications towers and related equipment are allowed by special
use permit only. Site plan review is required for all uses.
B.
Use regulations. Permitted, accessory and special
permit uses in CC-1 Districts shall be as set forth in the Schedule
of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations
in CC-1 Districts shall be as set forth in the Schedule of Regulations
included at the end of this chapter.
A.
Purpose. The C-2 Districts are designed to enable
residents of the town's outlying areas to obtain staples, necessities
and other goods from small-scale neighborhood-oriented shopping areas
without traveling to major commercial centers.
B.
Use regulations. Permitted, accessory and special
permit uses in C-2 Districts shall be as set forth in the Schedule
of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations
in C-2 Districts shall be as set forth in the Schedule of Regulations
included at the end of this chapter.
A.
Purpose. The C-3 District is designed to allow productive
use of established single-family residences along the major Route
9 corridor without infringing on the character of the neighborhood.
B.
Use regulations. Permitted, accessory and special
permit uses in C-3 Districts shall be as set forth in the Schedule
of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations
in C-3 Districts shall be as set forth in the Schedule of Regulations
included at the end of this chapter.
A.
Purpose. The M-1 District provides for the maintenance
and expansion of heavy industry and large-scale manufacturing without
competition from other uses. Site plan review is required for all
uses in the M-1 District.
B.
Use regulations. Permitted, accessory and special
permit uses in M-1 Districts shall be as set forth in the Schedule
of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations
in M-1 Districts shall be as set forth in the Schedule of Regulations
included at the end of this chapter.
A.
Purpose. The M-2 District provides for the establishment
of light manufacturing, industry or storage uses or offices without
competition from competing uses. It is located adjacent to Route 9
and Exit 17 of the Northway to allow convenient access to industry
to receive and disperse materials. Site plan review is required for
all uses in the M-2 District.
B.
Use regulations. Permitted, accessory and special
permit uses in M-2 Districts shall be as set forth in the Schedule
of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations
in M-2 Districts shall be as set forth in the Schedule of Regulations
included at the end of this chapter.
A.
Purpose. The RP Districts encompass areas that have
serious physical limitations or unique characteristics that warrant
restricting development to very low densities.
B.
Use regulations. Permitted, accessory and special
permit uses in RP Districts shall be as set forth in the Schedule
of Regulations included at the end of this chapter.
C.
Area, yard and coverage regulations. Bulk regulations
in RP Districts shall be as set forth in the Schedule of Regulations
included at the end of this chapter.
A.
Intent.
(1)
It is the intent of this Planned Unit Development
District (PUD) section to provide flexible land use and design regulations
to provide for the rezoning of land to residential, commercial and
industrial development zones, either jointly or separately in conformance
with provisions and standards which ensure compatibility among all
the land uses, foster innovation in site planning and development
and encourage sound design practices. Provision is included for planned
unit developments to permit establishment of areas in which diverse
uses may be brought together in a compatible and unified plan of development
which shall be in the interest of the general welfare of the public.
This section specifically encourages innovation in residential development
so that the growing demand for housing at all economic levels may
be met by greater variety in type, design and siting of dwellings
and by the conservation and more efficient use of land in such developments.
(2)
This section recognizes that, while the standard zoning
function and the subdivision function are appropriate for the regulation
of the land use in areas of neighborhoods which are already substantially
developed, these controls represent a type of preregulation, regulatory
right and uniformity which may be inimical to the techniques of land
development contained in the planned unit development concept. Further,
this section recognizes that a rigid set of space requirements, along
with bulk and use specifications, would frustrate the application
of this concept. Thus, where planned unit development techniques are
deemed appropriate through the rezoning of land to a Planned Unit
Development District by the Town Board, the set of use and dimensional
specifications elsewhere in the chapter are herein replaced with an
approval process in which an approved plan becomes the basis for continuing
land use controls.
(3)
While the provisions for a PUD constitute a section
of this Zoning Law, they do not apply to a specific area until established
by a resolution of the Town Board. Planned unit developments are allowed
in all zones except the R-1, RP and W Districts.
(4)
In no case shall the regulations of this section be
so interpreted as to circumvent the benefits of this chapter to the
residents or occupants of adjoining properties.
B.
Objectives. In order to carry out the intent of this
section, a planned unit development shall achieve the following objectives:
(1)
A maximum choice in the types of environment, occupancy
tenure (e.g., individual ownership, condominium, leasing) of housing
or sizes and community facilities available to existing and potential
town residents at all economic levels.
(2)
More usable open space and recreation areas.
(3)
More convenience in location of industrial, commercial
and service areas.
(4)
The preservation of trees, outstanding natural topographic
and geologic features and the prevention of soil erosion.
(5)
A creative use of land and related physical development
which allows an orderly transition of land.
(6)
An efficient use of land resulting in smaller networks
of utilities and services, and thereby lower housing costs.
(7)
A development pattern in harmony with the objectives
of the Master Plan.
(8)
A more desirable environment than would be possible
through the strict application of other sections of this chapter.
C.
General requirements.
(1)
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 owners of all property included
in a project. In the case of multiple ownership, the approved plan
shall be binding on all owners. Leaseholds shall be for a period of
at least 50 years. All approved plans shall be binding on all successors
of the applicants.
(2)
District standards. The standards for Planned Unit
Development Districts are to provide the Planning Board and the Town
Board with a means of evaluating applications for the districts, considering
the provisions and general intent of this chapter. The Town Board
may modify these standards based on a review of written justification
for such modification provided by the applicant.
(a)
Residential standards.
[1]
Permitted uses shall be a variety of uses, such
as but not limited to:
[2]
Area, yard, coverage and supplementary regulations
shall be as follows:
[a]
District area: a minimum of 10
acres.
[b]
Nonresidential density: 40,000
square feet of land for each 10,000 square feet of building.
[c]
Density for a detached one-family
dwelling: two units per net acre.
[d]
Density for a two-family dwelling:
two units per net acre.
[e]
For a one-family dwelling (attached
Townhouse or multifamily dwelling), innovative uses of land will be
considered, but a density of more than eight dwellings per net acre
will require exceptional justification.
[f]
In computing the total net acreage
of a planned unit development site, deduct all acreage considered
unable to be developed due to a steep slope (25% or greater), wetlands
and watercourses, all acreage to be dedicated as common or public
open space or recreational lands and 20% of the total site for the
provision of streets and other public facilities. Innovative approaches
may receive special consideration.
[g]
For minimum yard requirements,
no specific setback minimum is required. Acceptability of the plan
will depend upon adequacy of space, accessibility to emergency equipment,
visual impact, use of fences, plantings, etc., in terms of the purpose
of the proposal. No building shall be closer than 25 feet to a public
street.
[h]
Maximum building coverage of any
single lot or the district as a whole: 30%.
[k]
Common open space: An area in addition
to required lot area, equal to 15% of the gross development area,
may ordinarily be developed and maintained. Such space may be developed
for recreational activities appropriate to the nature of the project.
Exceptional cases and tradeoffs in terms of nearby facilities may
be considered.
[Amended 12-26-2006 by L.L. No. 3-2006]
[m]
Landscaping: Adequate landscaping
should be provided to reduce the visual impact of off-street parking
areas and to provide a logical transition between the PUD District
and surrounding areas.
(b)
Commercial standards.
[1]
Permitted uses shall be uses such as but not
limited to the following. A use not listed may be permitted after
review and approval by the Town Board.
[2]
Area, yard coverage and supplementary regulations
shall be as follows:
[a]
District area: a minimum of 10
acres.
[b]
Minimum district width: No specific
minimums are established. Each project will be judged in terms of
design, access, safety, visual impact and impact on neighboring residential
uses.
[c]
Minimum district depth: No specific
minimums are established. Each project will be judged in terms of
design, access, safety, visual impact and impact on neighboring residential
uses.
[d]
Minimum front yard: No specific
minimums are established. Each project will be judged in terms of
design, access, safety, visual impact and impact on neighboring residential
uses.
[e]
Minimum rear yard: No specific
minimums are established. Each project will be judged in terms of
design, access, safety, visual impact and impact on neighboring residential
uses.
[f]
Minimum side yard: No specific
minimums are established. Each project will be judged in terms of
design, access, safety, visual impact and impact on neighboring residential
uses.
[g]
Minimum coverage of any single
lot, or the district as a whole: 40%.
[k]
Landscaping: Adequate landscaping
should be provided to reduce the visual impact of off-street parking
areas and to provide a logical transition between the PUD District
and surrounding areas.
(c)
Industrial standards.
[2]
Area, yard, coverage and supplementary regulations
shall be as follows:
[a]
District area: a minimum of 10
acres.
[b]
For lot area, width, depth, front
yard, rear yard and side yard, no specific minimum acres or distances
are required. An application will be judged on design as it provides
satisfactory visual effect, safety, access and its impact on neighboring
land use.
[c]
Maximum coverage of any single
lot, or the district as a whole: 40%.
[d]
Maximum height of structure: 35
feet.
[g]
Landscaping: Adequate landscaping
should be provided to reduce the visual impact of off-street parking
areas and to provide a logical transition between the PUD District
and surrounding areas.
(d)
Recreation standards.
[1]
Permitted uses shall be uses such as but not
limited to the following:
[a]
Golf courses.
[b]
Ski area, cross-country ski and/or
snowmobile trails.
[c]
Parks.
[d]
Zoos and botanical gardens.
[e]
Game preserves and hunting courses.
[f]
Golf driving ranges and putting
courses.
[g]
Marina.
[h]
Campgrounds.
[i]
Other outdoor recreational uses.
[j]
All uses customarily accessory
to such permitted uses.
[2]
Area, yard, coverage and supplementary regulations
shall be as follows:
[a]
District area: a minimum of 10
acres.
[b]
Minimum district width: No specific
minimums are established. Each project will be judged in terms of
design, access, safety, visual impact and impact on neighboring residential
uses.
[c]
Minimum district depth: No specific
minimums are established. Each project will be judged in terms of
design, access, safety, visual impact and impact on neighboring residential
uses.
[d]
Minimum front yard: No specific
minimums are established. Each project will be judged in terms of
design, access, safety, visual impact and impact on neighboring residential
uses.
[e]
Minimum rear yard: No specific
minimums are established. Each project will be judged in terms of
design, access, safety, visual impact and impact on neighboring residential
uses.
[f]
Minimum side yard: No specific
minimums are established. Each project will be judged in terms of
design, access, safety, visual impact and impact on neighboring residential
uses.
[g]
Maximum coverage of any single
lot, or the district as a whole: as deemed appropriate by the Town
Board on a case-by-case basis.
[k]
Landscaping: Adequate landscaping
should be provided to reduce the visual impact of off-street parking
areas and to provide a logical transition between the PUD District
and surrounding areas.
D.
Exceptions to district standards. In determining whether
exceptions to district standards should be allowed, particularly as
regards the intensity of land use, the Town Board shall consider the
following factors:
(1)
The need for the proposed land use in the proposed
location.
(2)
The availability and adequacy of water service.
(3)
The availability and adequacy of sewer service.
(4)
The availability and adequacy of transportation systems,
including the impact on the road network.
(5)
The pedestrian circulation and open space in relation
to structures.
(6)
The character of the neighborhood in which the PUD
is being proposed, including the safeguards provided to minimize possible
detrimental effects of the proposed use on adjacent properties and
the neighborhood in general.
(7)
The height and bulk of buildings and their relation
to other structures in the vicinity.
(8)
Potential impacts on local government services.
(9)
Potential impacts on environmental resources, including
wetlands, surface water, floodplains and plant and wildlife communities.
(10)
The general ability of the land to support the
development, including such factors as slope, depth to bedrock, depth
to water table and soil type.
(11)
Other factors as may be deemed appropriate by
the Town Board.
E.
Common property in the planned unit development Common
property in a planned unit development is a parcel or parcels of land,
together with the improvements thereon, the use and enjoyment of which
are shared by the owners and occupants of the individual building
sites. Common property shall comprise a minimum of 15% of any PUD.
The ownership of such common property may be public or private. When
common property exists in private ownership, satisfactory arrangements
must be made for the improvement, operation and maintenance of such
common property and facilities, including private streets, drives,
services and parking areas and recreational and open space areas.
In the computation and determination of common property areas, lands
shall be of such location and configuration that they shall adequately
serve and be accessible to all building sites within the PUD and comprise
lands that are suitable for open space use. Streets and parking areas
shall not be included when computing the amount of common property.
F.
Applications and zoning approvals. Whenever any planned
unit development is proposed, before any permit for the erection of
a permanent building in such planned unit development shall be granted
and before any subdivision plat or any part thereof may be filed in
the office of the Saratoga County Clerk, the developer or his authorized
agent shall apply for and secure approval of such planned unit development
in accordance with the following procedures:
(1)
Application for sketch plan approval.
(a)
In order to allow the town authorities and the
developer to reach an understanding on basic design requirements prior
to detailed design investment, the developer shall submit a sketch
plan of his proposal to the Town Board. The Town Board, at its next
regularly scheduled meeting, shall refer the sketch plan to the Planning
Board for review and recommendation. The date of Planning Board receipt
of the sketch plan shall be the next regular meeting of the Planning
Board. The sketch plan shall be to scale, though it need not be to
the precision of a finished engineering drawing, and it shall clearly
show the following information:
[1]
The location of the various uses and their areas.
[2]
The general outlines of the interior roadway
system and all existing rights-of-way and easements, whether public
or private.
[3]
Delineation of the various residential areas,
indicating for each such area its general extent, size and composition
in terms of the total number of dwelling units, approximate percentage
allocation by dwelling-unit type (i.e., single-family detached, duplex,
townhouse, garden apartments or high-rise) and a general description
of the intended market structure (i.e., luxury, middle income, moderate
income, elderly units, family units, etc.), plus a calculation of
the residential density in dwelling units per gross acre (total area,
including interior roadways) for such area and a calculation of total
permeable area.
[4]
The interior open space system. Only usable
land shall be considered for such purposes.
[5]
The overall drainage system.
[6]
If grades exceed 3% or portions of the site
have a moderate to high susceptibility to erosion or a moderate to
high susceptibility to flooding and ponding, a topographic map showing
contour intervals of not more than five feet of elevation, along with
an overlay outlining the above susceptible soil areas, if any. If
grades are less than 3%, the topographic map may be at ten-foot contour
intervals.
[7]
Principal ties to the community at large with
respect to transportation, water supply and sewage disposal.
[8]
General description of the provisions of other
community facilities, such as schools, fire-protection services and
cultural facilities, if any, and some indication of how these needs
are proposed to be accommodated.
[9]
A location map showing uses and ownership of
abutting lands.
[10]
A long-form environmental assessment form.
(b)
In addition, the following documentation shall
accompany the sketch plan:
[1]
Evidence of how the developer's particular mix
of land uses meets existing community demands.
[2]
A general statement as to how common open space
is to be owned and maintained.
[3]
If the development is to be staged, a general
indication of how the staging is to proceed. Whether or not the development
is to be staged, the sketch plan of this section shall show the intended
total project.
[4]
Evidence of the applicant's physical and financial
competence to carry out the plan and his awareness of the scope of
such a project.
(c)
After receipt of all required information, as determined by the Planning Board, the Planning Board shall hold a public hearing in accordance with the requirements of Article XI, § 149-74 of this chapter, and shall render either a favorable or an unfavorable report to the Town Board within 60 days of the closing of the public hearing.
(d)
In reviewing the sketch plan, the Planning Board
may call upon the County Planning Department and any other public
or private consultants that the Board feels are necessary to provide
a sound review of the proposal.
(e)
A favorable report shall include a recommendation
to the Town Board that a public hearing be held for the purpose of
considering planned unit development districting. It shall be based
on the following findings, which shall be included as part of this
report:
[3]
That the proposal is conceptually sound in that
it meets a community need and it conforms to accepted design principals
in the proposed functional roadway system, land use configuration,
open space system, drainage system and scale of the elements, both
absolutely and to one another.
[4]
That there are adequate services and utilities
available or proposed to be made available in the construction of
the development.
(f)
An unfavorable report shall state clearly the
reasons therefor and, if appropriate, point out to the applicant what
might be necessary in order to receive a favorable report. The applicant
may, within 10 days after receiving an unfavorable report, file an
application for planned unit development districting with the Town
Board. The Town Board may then determine, on its own initiative, whether
or not it wishes to call a public hearing.
(g)
The Chairman of the Planning Board shall certify
when all of the necessary application material has been presented,
and the Planning Board shall submit its report within 60 days of such
certification. If no report has been rendered after 60 days, the applicant
may proceed as if an unfavorable report were given to him.
(2)
Application for planned unit development districting.
(a)
Upon receipt of a favorable report from the
Planning Board or upon its own determination subsequent to an appeal
from an unfavorable report, the Town Board shall set a date for and
conduct a public hearing for the purpose of considering planned unit
development districting for the applicant's plan, in accordance with
the procedures established under §§ 264 and 265 of
the Town Law or other applicable law, said public hearing to be conducted
within 45 days of the receipt of the favorable report or the decision
on appeal from an unfavorable report.
(b)
The Town Board shall refer the application to
the Saratoga County Planning Board for its analysis and recommendations,
and the Town Board shall also refer the application to the Highway
Superintendent.
[1]
The Town Board shall give the Saratoga County
Planning Board at least 30 days to render its report, and within 30
days following receipt of the report from the County Planning Board,
the Town Board shall render its decision on the application.
[2]
The Highway Superintendent shall submit a report
to the Town Board within 30 days of the referral, duly noting the
feasibility and adequacy of those design elements under his sphere
of interest. This report need only concern itself with general conceptual
acceptance or disapproval, as the case may be, and in no way implies
any future acceptance or rejection of detailed design elements as
will be required in the later site plan review stage. The Highway
Superintendent may also state in his report any other conditions or
problems that must be overcome before consideration of acceptance
of his part.
(3)
Zoning for planned unit development.
(a)
If the Town Board grants the planned unit development districting, the Zoning Map shall be so noted. The Town Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, circulation systems, both vehicular and pedestrian, availability of sites within the area for necessary public services such as schools, firehouses and libraries, protection of natural and/or historic sites and other physical or social demands. The Town Board shall state at this time its findings with respect to the land use intensity or dwelling intensity as called for in Subsection C of this section.
(b)
Planned unit development districting shall be
conditional upon the following:
(c)
Changes in use within a Planned Unit Development
District may be subject to further site plan approval by the Planning
Board, if such a condition is specifically set by the Town Board at
the time of granting the planned unit development districting.
G.
Installation of improvements or performance bond required.
No building permits shall be issued for construction within a Planned
Unit Development District until improvements are installed or a performance
bond is posted in accordance with the same procedures as provided
in the Subdivision Regulations of the Town of Moreau. Other such requirements
may also be established by the Town Board.
H.
Parks, open spaces and natural features; land dedication/recreation
fees.
[Added 12-26-2006 by L.L. No. 3-2006]
(1)
Purpose. The purpose of this paragraph is to establish
and provide for an equitable and effective development standard for
securing adequate land and funding for parks, playgrounds and open
space recreation areas in the Town of Moreau.
(2)
Recreation fees.
(a)
The Town Board shall require, as a condition
of approval of a planned unit development or any amendment thereto
that includes dwelling units, the payment of recreation fees for each
dwelling unit in such amount to be set by the Town Board. The recreation
fees per dwelling unit shall be established and amended by resolution
of the Town Board. Such fees shall be paid to the Town at the time
of final planned unit development approval, and no such planned unit
development shall be approved by the Town Board until such payment
is made. Such payments shall be held by the Town of Moreau in a special
fund for acquisition and development of recreation land. All money
in this fund is to be used only for:
[1]
The purchase of land that is suitable for new
or enlarged parks, playgrounds or open spaces and located so as to
serve the inhabitants of the Town's residential neighborhoods.
[2]
The improvement of new or existing park, playground
and open space lands which serve the Town's residential neighborhoods.
(b)
In any case, the Town Board shall be satisfied
that required recreation land will be maintained and will not be used
for other than recreation purposes.
(3)
Land dedication in lieu of fees.
(a)
In cases where the Town Board finds that due
to the size, shape or location of the planned unit development, land
dedication for a park, playground or other recreational purpose is
preferable to the payment of a recreation fee, the Town Board may
waive the fee and require as a condition of approval the dedication
of land for recreational purposes.
(b)
The owner/developer shall then file with the
Town Board a plan detailing the sites for the development of a park,
playground or other recreational facility. Recreation space shall
be provided by the owner/developer on the basis of at least 1,000
square feet per dwelling unit, but in no case shall the amount be
more than 10% of the total area of the planned unit development. Such
area or areas may be dedicated to the Town by the owner/developer
if the Town Board approves such dedication. All lands designated on
the plan as park, playground or other recreation areas not in Town
ownership shall be subject to such conditions as the Town Board may
establish, such as hours of operation, access to the general public,
use and maintenance of such lands as deemed necessary to assure the
preservation of such land for its intended purpose. Such conditions
shall be shown on the final site plan prior to approval and filing.
The Town Board shall consider the following in determining the suitability
of the served land for recreational purposes:
(4)
Nothing in this section will be construed as prohibiting
an owner/developer from reserving land for recreation purposes in
addition to the requirements of this section.
(5)
The Town Board shall not at any time authorize the
waiver of both the fee and land dedication in lieu thereof requirements.
A.
Intent. The Town of Moreau contains within its Town
limits several areas of wetlands, which, due to their unique characteristics,
present important constraints to development. In addition, these wetlands
provide flood control, water quality, recreational, aesthetic and
open space benefits to the Town. Accordingly, to provide for the proper
use of these wetlands, a Wetlands Overlay District is hereby established.
All underlying districts shall be indicated on the Town Zoning Map.
B.
Area description. The W District encompasses those
lands and waters which meet the definition of "wetlands" provided
in § 24-0107, Subdivision 1, of the Freshwater Wetlands
Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation
Law) and have an area of at least 12.4 acres or, if smaller, have
unusual local importance as determined by the Commissioner of the
New York State Department of Environmental Conservation pursuant to
§ 24-0301, Subdivision 1, of the Act. Such areas are generally
shown on the maps entitled "Final Freshwater Wetlands Maps —
Saratoga County," prepared by the New York State Department of Environmental
Conservation pursuant to § 24-0301, Subdivision 5, of the
Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of
the Environmental Conservation Law). The precise boundaries of such
wetlands may be determined by field inspection by the New York State
Department of Environmental Conservation.
