Town of Corinth, NY Planned Development Districts

The planned development procedure provides a flexible land use and design regulation through the use of performance criteria so that development may be matched to the unique characteristics of the site. Furthermore, innovative development techniques may be accommodated that might not otherwise be possible through strict application of standard land use and subdivision requirements. The PDD serves as a floating zone applicable to any zone within the Town. The conventional use, area, bulk and density specifications set forth by this chapter are intended to be replaced through application of the planned development procedure by the approved planned development district (PDD) plan, which then becomes the basis legislatively established by the Town Board for detailed design, review and control and subsequent development.

There are four types of PDDs permitted in the Town of Corinth: residential, commercial, industrial, and mixed use, as defined in § 89-56.

In order to carry out the intent of this article, a Planned Development District shall achieve the following objectives:

Reasonable choice in the types of environment, housing, community facilities and industrial operations available to current and future Town residents;

More usable open space and recreation areas;

Preservation of trees, streams, wetlands, natural topography and geological features and prevention of soil erosion;

A creative use of land and related physical development which promotes an orderly transition from vacant spaces to rural and suburban uses;

An efficient use of land resulting in smaller networks of utilities and roads;

More convenience in location of accessory commercial and service areas; and

(7)

A development pattern in harmony with the objectives of the Master Plan and the policy considerations underlying this chapter.

§ 89-53 Criteria.

Development area. The minimum development area required to qualify for a PDD shall be 25 contiguous acres of land in the case of a residential or mixed-use PDD, and 10 contiguous acres of land in the case of a commercial or industrial PDD. The calculation of such land area shall not include existing streets, easements, parks, or otherwise dedicated land or acreage, or lands undevelopable by reasons of topography, drainage, occurrence of wetlands, periodic inundation by floodwaters, or adverse subsoil conditions.

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 the case of multiple ownership, the approved plan and its amendments shall be binding on all owners or their successors in title or interest.

Permitted uses in PDDs. All uses within an area designated as a PDD are determined by the provisions of the PDD and the approved plan of the project concerned.

§ 89-54 Procedure.

Application.

Application for establishment of a PDD shall be made in writing to the Town Board. The application shall include seven copies of a sketch plan as described in § 89-55 of this article and seven copies of a completed long Environmental Assessment Form, Part I. The Town Board is under no obligation to consider a PDD application.

Upon resolution of the Town Board to consider a PDD application, the applicant shall submit the applicable fee as determined by the Town Board and posted in the Town Hall. The Town Clerk shall then send two copies of the application, sketch plan and Environmental Assessment Form to the Town Planning Board. If applicable, the Town Clerk shall also forward a copy of the application to the County Planning Board in accordance with §§ 239-1 and 239-m of the General Municipal Law.

Planning Board review. The Planning Board shall review the sketch plan with the applicant to determine if it meets the standards of this article as outlined in § 89-55. The Planning Board may require additional changes to the sketch plan as deemed reasonable to protect the sound growth and development of the Town. In reaching its decision on the proposed development and changes, if any, in the sketch plan, the Planning Board shall consider the following:

The location of the principal and accessory buildings on the site in relation to one another and neighboring development;

The existing character of the neighborhood in which the uses will be located;

The pedestrian circulation and open space in relation to structures and to prospective user needs;

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 provision of vehicular parking areas. The impact of the proposal on an existing transportation system;

The adequacy of proposed public/private utilities, including water supply, sewage treatment and stormwater drain facilities;

The height and bulk of buildings and their relation to one another and neighboring development;

(7)

The protection of existing natural features, landscaping plans to be implemented subsequent to development, and a long-term maintenance plan for such landscaping;

(8)

The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general;

(9)

Such other matters as the Planning Board may consider pertinent; and

(10)

Conformance with the Master Plan for the Town of Corinth.

Planning Board action. Within 60 days of the date of the 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 recommend approval, approval with modification, or disapproval to the Town Board.

Town Board action. Upon receipt of the Planning Board's report, or upon failure of the Planning Board to act within the prescribed time period, the Town Board shall conduct a public hearing on the proposed Planned Development District. Public notice of such hearing shall be published in a newspaper of general circulation in the Town at least 10 days prior to the date of the hearing. The Town Board may, following the public hearing, adopt a local law defining the Planned Development District and amending the Land Use Map for the Town of Corinth.

Compliance with the State Environmental Quality Review Act. The Town Board shall comply with the requirements of the State Environmental Quality Review Act (SEQRA) in reviewing the proposal. If the time schedule for SEQRA is different, the schedule should be modified for SEQRA for projects that are subject to an environmental impact statement.

§ 89-55 Sketch plan.

Requirements. The sketch plan shall be drawn at a scale of not less than one inch equals 100 feet, or at an alternative scale as approved by the Planning Board, and shall show the lands to be developed . A boundary survey need not be submitted at this phase. The sketch plan shall include the following:

Property lines, existing and proposed, together with acreage of all lots, including any easements and dedication;

General topographic and drainage information, both existing and proposed;

Existing natural and man-made features, including streams, drainage improvements, wetlands, floodplains, slopes over 15% grade, and existing buildings and structures;

All existing and proposed elements of vehicular and pedestrian circulation, including but not limited to roadways, parking areas, loading areas, walkways, bike paths, and parking garages;

Delineation of the various use areas in the proposed PDD, indicating for each area its general extent, size and composition in terms of use and total number of buildings; for residential districts, approximate percentage allocation by residential type; for mixed-use, commercial and industrial districts, approximate percentage allocation by use;

Proposed location, type and size of landscaping, buffer areas and other aesthetic features;

(7)

Proposed public utilities, including type and method of water supply, sewage and stormwater management;

(8)

Location map showing uses and ownership of adjacent lands; and

(9)

Proposed location, type and size of signs, driveways and emergency zones.

§ 89-56 Planned Unit Development District standards.

Mixed Use PDD standards.

Residences and retail uses, scaled to serve the needs of the community, may be of any building type consistent with the intent and objectives of this PDD regulation. Building height shall be restricted to 35 feet and no more than eight townhouse units may be attached as a group.

Density. The density permitted within the mixed use PDD shall be as determined by the approved PDD site plan.

Industrial PDD standards.

An Industrial PDD consisting of industrial uses may be permitted if such uses are supportive of the community population in terms of work force, design and character, and if such uses are consistent with the Town's planning and development objectives. Consideration shall be given to the project as it exists in its community setting to determine the appropriateness of such uses. Building height shall be restricted to 40 feet as determined by the PDD.

Density. The density permitted within the PDD shall be as determined by the approved PDD site plan.

Minimum yards required. Front, rear, and side yards shall be designed so that no building is closer than 100 feet to any boundary line of the district.[1]

[1]

Editor's Note: Former Subsection B(4), which provided for landfills as a permitted use in Industrial PDDs, which immediately followed this subsection, was repealed 9-27-2007 by L.L. No. 2-2007.

Residential PDD standards.

An area of contiguous size, scaled to fit the needs of the community, may be of any residential building type consistent with the intent and objectives of this PDD regulation.

Density. The density permitted within the PDD shall be as determined by the approved PDD site plan.

Commercial PDD standards.

A Commercial PDD consisting of commercial uses may be permitted if such uses are supportive of the community population in terms of work force, design and character, and if such uses are consistent with the Town's planning and development objectives. Consideration shall be given to the project as it exists in its community setting to determine the appropriateness of such uses.

Density. The density permitted within the PDD shall be as determined by the approved PDD site plan.

Building design standards.

All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and blocks.

Individual buildings shall generally be related to each other in design, mass, elevation, materials, placement and connections to provide a visually and physically integrated development.

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.

All building walls shall be so oriented as to ensure adequate light and air exposure to the rooms within and to adjacent properties.

All buildings shall be arranged as to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be so oriented as to preserve visual and auditory privacy between adjacent buildings.

All buildings shall be arranged so as to be accessible to emergency vehicles.

Open space requirements. Common open space totaling not less than 30% 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, the long-term ownership and maintenance of such common open space shall be provided, subject to the approval of the Town Board and Planning Board. The grant of a conservation easement to further ensure the protection of this open space may be required.

The location, shape, size and character of the open space must be suitable for the PDD.

Open space must be used for amenity or recreational purposes. The uses authorized for the open space must be appropriate to the scale and character of the PDD, considering its size, density, expected population, topography, and the number and types of dwellings to be provided.

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 that are authorized for the open space.

The development schedule, which shall be part of the review process required pursuant to § 89-57 herein, as part of the final site plan must coordinate the improvement of the open space and the construction of buildings, structures, and improvements.

All land shown on the final site plan as open space must be maintained and used for said purpose.

Circulation system design standards.

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading spaces.