Town of Greenville Proposed 2013 Zoning Law

Transcription

1 ARTICLE I: TITLE AND PURPOSE A. Title This Local Law shall be known and may be cited as "The Land Development Code of the Town of Greenville, New York". B. Enacting Clause The Town Board of the Town of Greenville in the County of Greene, pursuant to New York State Town Law, hereby ordains, enacts and publishes this Local Law. C. Purpose This Law enables Greenville to protect the diverse character of the Town while also giving landowners a range of options and choices for the use, development, and conservation of their land. It is designed to strike a balance between achieving the community s vision and goals as expressed in the Town s Comprehensive Plan and protecting the property interests of landowners, providing a development approval process that is predictable, efficient and fair. The Town of Greenville is committed to establishing high standards that preserve existing property values and attract high quality investment. At the same time it recognizes that the current development economy is especially difficult for small and locally-owned businesses as well as young families and homeowners seeking affordable housing who it welcomes to the community. Rather than abandon community standards, the Town has provided for flexibility in the application of this law. The Vision Statement contained in the Town of Greenville Comprehensive Plan is: Residents will work collectively to conserve and enhance Greenville s small town rural character and natural beauty. Growth will be well planned and aesthetically pleasing and will create new economic opportunities for all. Desired services will be supported by a productive tax base that is broad, diverse and growing. The Goals of the Comprehensive Plan: 1. Greenville will adopt sustainable land use practices, initiate design and aesthetic standards revise its zoning and preserve historic buildings and places 2. Greenville will provide responsive, open and transparent local government. Professional leadership and excellent communication with residents will inspire a collaborative environment for successful implementation of community plans 3. New housing in the hamlets of Greenville will be designed and planned to fit with the Town s rural and historic character. Greater housing choice, including senior housing, vacation and town homes will be available. Assertive code enforcement and rehabilitation programs will enhance older homes and rental property. 4. Greenville will encourage a knowledge-based, green economy that is competitive and prosperous. It will promote commercial expansion, niche retail and specialty farming. Small technology companies will flourish with enhanced telecommunication infrastructure. New and existing commercial property will be visually attractive and complement community character. 5. Greenville will improve and expand municipal infrastructure including public sewer and water systems to support new and existing development. It will encourage state-of-the-art telecommunications infrastructure (entertainment, phone, wireless internet and high-speed data transfer) to spark technology growth. Excellent transportation will include well-maintained roads, public transit shelters, bike lanes and racks, and a network of sidewalks in the hamlets. 6. Greenville will offer a full array of recreation and cultural resources and high-performing educational facilities that provide opportunities to residents of all ages. 7. Greenville will conserve its environmental resources including the picturesque natural setting, water resources, farms and open spaces. 1

2 D. Application of Regulations l. No structure shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is located. 2. No structure shall hereafter be erected or altered to accommodate or house a greater number of families or have narrower or smaller rear yards, front yards, or side yards than is herein required for the district in which such a structure is located. 3. No structure shall hereafter be erected or altered to exceed the heights required for the district in which such structure is located. 4. No part of a yard or other open space setback around any one structure that is required under the provisions of this Local Law may be included as part of the yard or other open space setback required for a different structure. 5. No land shall hereafter be used or occupied unless in conformity with the regulations herein specified for the district in which it is located. E. Other Laws, Ordinances and Regulations of the Town of Greenville This Local Law is not intended to replace any other Laws, Ordinances and Regulations of the Town of Greenville. All applicants are hereby advised that compliance with all other regulations is required. Article II. Establishment of Districts A. Names of Districts B. Zoning Map The Town of Greenville is hereby divided into the following zoning districts: HR - Hamlet Residential HB - Hamlet Business LR - Low Density Residential RR - Rural Residential GC - General Commercial HC - Highway Commercial AOD - Agriculture Overlay District The areas and boundaries of such district are hereby established to scale as shown on a series of 24 redrafted Property Maps and on a cumulative town wide map, all of which are certified by the Town Clerk. The redrafted Property Maps are titled Zoning Map Section# Of the Town of Greenville and include Section numbers 11.00, 12.00,12.02, 12.04, 13.00, 23.00, 23.02, 24.--, 24.01, 24.02, 25.00, 26.00, 35.00,36.00,36.01, 37.00, 38.00, 50.00, 51.00, 51.03, 52.00, and with said numbers corresponding to the Property Maps. The cumulative town wide map portrays all of the information on a single less detailed map of the Town at a scale of 1:24,000. This map is titled Cumulative Zoning Map of the Town of Greenville. All of these 25 maps, together with everything shown thereon, is herby adopted and declared to be a part of this Local Law. These 25 maps are herein referred to as the Zoning Map. C. Interpretation of District Boundaries The 24 individual small scale maps, each titled Zoning Map Section # of the Town of Greenville are the definitive maps to be used for determining district boundaries. The map titled Cumulative Zoning Maps of the Town of Greenville is intended for general references purpose. Zoning district boundaries shall be determined as follows: 1. Boundaries indicated a approximately following the center lines of streets, highways, alleys, streams, lakes, of other bodies of water shall be construed to follow such center lines. 2. Boundaries indicated as approximately following town limits shall be construed a following such town limits. 3. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map. 2

3 4. In other circumstances not covered by the rules above, the Zoning Board of Appeals shall interpret the district boundaries. Article III. District Regulations The restrictions and controls intended to regulate development in each district are set forth in the following District Regulations. This Local Law is not intended to replace any other Ordinances, Laws and Regulations of the Town of Greenville. All applicants are hereby advised that compliance with all other regulations, including the Town Subdivision Regulations and the Town Mobile Home Law, is required. The following are the only permitted uses in all districts. 1. One family dwellings 2. Two family dwellings 3. Agriculture 4. Telecommuting 5. All other uses will require a Business Uses Permit. District Min. Lot Size Min. Lot Width Max.Height of Structure * Min. Front Yard Dimension Min. Side Yard Dimension Min. Rear Yard Dimension HR (with sewer and water) HR (without sewer and water) HB (with sewer and water) HB (without sewer and water).5 acre 75 feet 35 feet 35 feet 10 feet 10 feet.75 acre 75 feet 35 feet 35 feet 10 feet 10 feet.5 acre 75 feet 35 feet 35 feet 10 feet 10 feet.75 acre 75 feet 35 feet 35 feet 10 feet 10 feet LR 1 1 acre 100 feet 35 feet 35 feet 25 feet 25 feet LR acres 125 feet 35 feet 35 feet 25 feet 25 feet RR 2.5 acres 200 feet 35 feet 60 feet 25 feet 25 feet GC.5 acre 75 feet 35 feet 35 feet 5 feet 5 feet HC 1 acre 100 feet 35 feet 35 feet 25 feet 25 feet * Hight limitations shall not apply to church spired, belfries, cupolas, domes not used for human occupancy, chimneys, ventilators, skylights, water tanks, bulkheads or similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such heights as is necessary to accomplish the purpose they are to serve and shall not exceed in cross-sectional area 20 percent * (20%) of the ground floor of the building. Silos, agricultural building and towers are exempt from the hight limitations provided that the structure does not exceed the distance form any property line as it height. 3

4 AOD is recognize agricultural districts established under New York State law. The purpose of the AOD id to help protect agricultural areas for the pressure of intense development. These districts overlay one or more of the zoning districts. The lot size and dimensions of the underlaying district shall apply. However, the permitted use list in these other districts are expanded by the following. 1. Agriculture and all Agricultural Structures. 2. Riding academies. 3. Veterinarian office, Animal Hospitals and Kennels. Article IV. Site Plan Review In all districts, prior to the issuance of a building permit for any structure or group of structures, excepting a one- or two-family dwelling and its accessory uses, the Zoning Enforcement Officer shall require the preparation of a site plan. In all districts, prior to the issuance of a zoning permit for any change, expansion or addition in the use of a property, excepting a one- or two-family dwelling and its accessory uses, the Zoning Enforcement Officer shall require the preparation of a site plan. The requirements of Article IV may be waived, however, for applications approved under Article V, Article VI and Article VII, when, in the determination of the Planning Board, the requirements of this section have been adequately addressed through other provisions contained in this law. A. Sketch Plan A sketch plan conference shall be held between the Planning Board and applicant to review the basic site design concept and generally determine the information to be required on the site plan. At the sketch plan conference, the applicant should provide the data discussed below in addition to a statement or rough sketch describing what is proposed. 1. An area map showing the parcel under consideration for site plan review, and all properties, subdivisions, streets, right-of-way, and easements within two hundred (200) feet of the boundaries thereof. 2. A rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs, and other planned features. 3. A map of site topography at no more then twenty (20) feet contour intervals. If general site grades exceed five (5) percent or portions of the site have susceptibility to erosion, flooding or ponding, a soil overlay and a topographic map showing contour intervals of not more than five (5) feet of elevation should also be provided. B. Application for Detailed Site Plan Approval The following is to be used as a guide line only as determined by the Planing Board. And may not be required for all applicant. At time of site plan review the Planing Board will determine if any will be required. 1. A completed Application for Site Plan Review form. 2. A completed Environmental Assessment form or Draft Environmental Impact Statement, as required by the Planning Board under the NYS Environmental Quality Review Act (SEQR). 3. Certifies Property survey with metes and bounds description. 4. A detailed site plan prepared by a licensed land surveyor or professional engineer or architect which shall contain information form the following checklist, as determined necessary by the Planning Board at the Sketch Plan Conference. Site Plan Checklist 1. Title of drawing, including name and address of applicant and person responsible for preparation of such drawing. 2. North arrow, scale and date. 3. Boundaries of the property plotted to scale. 4. Existing watercourses and other existing and proposed contours. 5. Grading and drainage plan, chowing existing and proposed contours. 6. Location, design, type of construction and proposed use and hight of all structures. 4

5 7. The scale of proposed alteration of new construction in relation to the property itself, surrounding properties, and the neighborhood. 8. Texture, material and their relation to similar features of other properties in the neighborhood. 9. Details of the subject structure, including proportion of the property s front facade, proportion and arrangement of windows and other openings with the facade, roof shape and the pattern of spacing of properties of street, such a set back distances. 10. Building elevations, drawn to scale, from all sides. 11. Location, design and construction materials of all parking and truck loading areas, showing access and egress. 12. Provision for pedestrian access. 13. Provision for handicap accessibility. 14. Location of outdoor storage, if any. 15. Location, design and construction material of all existing or proposed site improvements, including drains, culverts, retaining walls and fences. 16. Description of the method of sewage disposal and location, design and construction materials of such facilities. 17. Description of the method of securing public water and location, design and construction of materials of such facilities. 18. Location of fire and other emergency zones, including the location of fire hydrants. 19. Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy. 20. Location, size and design and and construction materials of all proposed signs. 21. Location and proposed development of all buffer areas, including existing vegetative cover. 22. Location and design of outdoor lighting facilities. 23. Designation of the amount of building area proposed for retail sales or similar commercial activity. 24. General landscaping plan and planting schedule. 25. Location, size and details of any designated wetlands of flood plains on property, if applicable. 26. Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of an state, county or local permits required for the project s execution. 27. Proposed location of all items intended to be stored outside: plan for maintenance of clean and neat appearance of said premises. Required Fees Residential The required fees will be set by the Town Board from time to time. For residential structures or structures accessory to residential uses, the applicant need provide plans with such specificity as will enable the board to determine compatibility in accordance with paragraph (2)(5) below. Such applicants are otherwise not required to comp;y with the requirement of this paragraph. Article IV. Preservation Review Prior to the issuance of a building permit in the HR or HB districts the Zoning Enforcement Officer shall require a certificate of appropriateness from the Planning Board. 1. The application for a certificate of appropriateness shall contain: a. Title of drawing, including name and address of applicant and person responsible for preparation of such drawing. b. Boundaries of the property plotted to scale. c. Location, design, type of construction and proposed use and height of all structures. d. The scale of proposed alteration or new construction. e. Texture, materials and their relation to similar features of other properties in the district. f. Details of the subject structure, including proportion of the property s front facade, proportion and arrangement of windows and other openings with the facade, roof shape and the pattern of spacing of properties on street, such as setback distances. g. Building elevations, drawn to scale, from all sides. h. Location of outdoor storage, if any. 2. Planing Board Review 5

6 No proposed construction or alteration shall be approved unless it is deemed compatible with the historic architecture of the district. The historic architecture of the HR and HB districts shall be considered to be Victorian, Colonial, Colonial Revival or Italianate, existing vernacular forms and the like. In applying the principle of compatibility, the Planning Board shall consider the following: a. The general design, character, and appropriateness to the property of the proposed alteration of new construction. b. The scale of proposed alteration of new construction in relation to the property itself surrounding properties and the district. c. Texture, materials and their relation to similar features of other properties in the district. d. Visual harmony with surrounding properties, including proportion of the property s front facade, proportion and arrangement of windows and other opening with the facades roof shape and the pattern of spacing of properties on street, such as setback distances. e. The importance of historic, architectural, or other features to the significance of the property. 3. Public Hearing The Planning Board shall conduct a public hearing on the application for certification of appropriateness. Such hearing shall be conducted within forty five (45) days of the receipt of the completed application for site plan review and shall be advertised in a newspaper of general circulation in the town at least five (5) days before the public hearing. The applicant shall also be required to provide written notice, return receipt requested, of the public hearing to all owners of land adjacent to the subject parcel at least ten (10) days before the public hearing. Adjacent shall include landowners on both sides of the road. 4. Planning Board Action Within forty-five (45) days of public hearing, the Planing Board shall act on the application. If no decision is made within said forty-five (45)day period, the application shall be considered approved. The Planning Board s action shall be in the form of a written statement to the applicant stating whether or not the detailed site plan is approved, disapproved or approved with modification. The time within which a decision must be rendered may be extended by mutual consent of the applicant and the Planning Board. The Planning Board s statement may include recommendations of desirable modifications to be incorporated, conformance with which shall be considered a condition of approval. If the application plan is disapproved, the Planning Board s statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the proposal and resubmission to the Planning Board after is has beed revised or redesigned. 5.General Considerations a. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls. b. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience. c. Location, arrangement, appearance and sufficiency of off-street parking loading. d. Location, arrangement, size. design and general site compatibility of buildings, lighting and signs. e. Adequacy of storm water and drainage facilities. f. Adequacy of water supply and sewage disposal facilities. g. Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant s and adjoining lands, including a maximum retention of existing vegetation. h. In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation. i. Protection of adjacent of neighboring properties against noise, glare, unsightliness or tother objectionable features. j. Adequacy of fire lanes and other emergency zones and the provisions of fire hydrants. k. Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponds, flooding and/or erosion. 6. Consulting Review 6

7 The Planning Board may consult with the Building Inspector, Town Engineer, Fire Commissioner, Conservation Council, Highway Superintendent, other local and county officials, designated private consultants, federal and state agencies, Soil Conservation Service, State Department of Transportation, State Health Department and State Department of Environmental Conservation. Cost associated with the review of the site plan by the Planning Board and/or its designated consultants, shall be charged to the applicant. Such costs will be due and payable to the Planning Board prior to the incurrence of said expense. To determine such costs beforehand, the Planning Board will determine the scope of the consultant s review of the site plan and will forward the site plan to the consultant. The consultant will prepare an estimate of the cost of the review and will forward it to the Planning Board. The Planning Board shall charge the applicant accordingly. 7. Public Hearing The Planning Board shall conduct a public hearing on the detailed site plan. Such hearing shall be conducted within forty five (45) days of the receipt of the completed application for site plan review and shall be advertised in a newspaper of general circulation in the town at least five (5) days before the public hearing. The applicant shall also be required to provide written notice, return receipt requested, of the public hearing to all owners of land adjacent to the subject parcel at least ten (10) days before the public hearing. Adjacent shall include landowners on both sides of the road. 8. Planning Board Action Within forty-five (45) days of public hearing, the Planing Board shall act on the application. If no decision is made within said forty-five (45)day period, the application shall be considered approved. The Planning Board s action shall be in the form of a written statement to the applicant stating whether or not the detailed site plan is approved, disapproved or approved with modification. The time within which a decision must be rendered may be extended by mutual consent of the applicant and the Planning Board. The Planning Board s statement may include recommendations of desirable modifications to be incorporated, conformance with which shall be considered a condition of approval. If the application plan is disapproved, the Planning Board s statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the proposal and resubmission to the Planning Board after is has beed revised or redesigned. 9. Miscellaneous Polices a. Performance Guarantee No certificate of occupancy shall be issued until all improvements shown on the approved detailed site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Planning Board after consultation with the Zoning Enforcement Officer or other competent persons. b. Inspection of Improvements The Building Inspector shall be responsible for the overall inspection of site improvements, including coordination with other officials and agencies, as appropriate. c. Integration of Procedures Whenever the particular circumstances of a proposed development require compliance with any other Town Law, Ordinance or regulation, the Planning Board shall attempt to integrate as appropriate, site plan review as required by this Article with the procedural and submission requirements for such other compliance. d. Relationship of This Law to Other Laws and Regulations This law in no way affect the provisions of requirements of any other Federal, State or Local Law or Regulations. Where this ordinance is in conflict with any other such law or regulation, the more restrictive shall apply. 7

8 Article V. Planned Unit Development A. Purpose and Objective The purpose of this Planned Unit Development (PUD) article is to encourage flexibility in the design and development of land in order to promote ints most appropriate use; to facilitate adequate and economical provisions of streets and utilities; to preserve the natural and scenic qualities of open space; and to encourage compatibility with the goals and objectives of the Comprehensive Plan. To realize these purposes, a PUD shall achieve the following objectives: 1. Choice in housing environment and type, occupancy tenure (e.g.: cooperatives, individual ownership, condominium, leasing), lot sizes and common facilities. 2. More usable open space and recreation areas and, if permitted as part of a project, more convenience in location of accessory commercial and service uses. 3. A development pattern which preserves the Town s rural character, outstanding natural topography, geologic features, scenic vistas, trees and prevents the disruption of nature drainage patterns. 4. An efficient use of land resulting in smaller networks of utilities and streets. 5. A development pattern in harmony with the land use intensity, transportation, and community facility objectives included in the Comprehensive Plan. B. General Requirements 1. Minimum Area The minimum area for a PUD shall be ten (10) contiguous acres of land in the HR and GC districts and shall be thirty five (35) contiguous acres of land in the LR district. 2. Ownership The project land may be owned, leased or controlled either by a single person, corporation or by a group of individuals or corporations. Such ownership may be public or private corporation. The approved project plan shall be binding on the project land and owner(s). Only the owner or an agent designated in writing shall be allowed to file an application for a PUD. 3. Location PUD s are allowed only in HR, GC and LR districts. 4.Permitted Residential Uses Residences may be of a variety of types. Emphasis shall be placed on relating the proposed housing types to those in adjacent residential areas. 5. Permitted Non-Residential Uses Non-Residential uses may be permitted where such uses are scaled primarily to serve the residents of the PUD. Non-Residential uses shall be accessory commercial, accessory services or professional offices, only. 6. Permitted Accessory Uses Customary accessory and associated uses such as private garages, storage spaces, recreational and community activity centers may be permitted. 7. Land Use Density Consideration 8

9 In keeping with the intent of this Article, land use intensity shall be allowed to increase from the minimum lot size of 2 acres per use to an average density of.5 acres per use. 8. Sewer and Water Facilities Every PUD must be served by public or private communal sewer with a sewage treatment plant and water system that have been approved by the NYS Department of Health and the NYS Department of Environmental Conservation and have been properly shown to meet every requirement of the Town of Greenville and the County of Greene. Sewage treatment must be provided by a governmental agency, a municipality or a sewage disposal corporation formed and regulated pursuant to Article 10 of the NYS Transpiration CorporationLaw. 9. Common Property Common property in a PUD is a portion of land in the PUD, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual buildings sites. Common property shall comprise a minimum of thirty (30) percent of any PUD. Such common property shall be either public or private In cases of common property maintained privately, such lands shall be covenanted to the satisfaction of the Town Board, to insure that such areas shall not be utilized for future building sites. 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 land that are suitable for open space use. 10.Height No structure in a PUD shall exceed thirty five (35) feet in height. C. Sketch Plan Application and Review Whenever any PUD is proposed, before any contract is made for the sale of any part thereof, before any zoning and building permit shall be granted, and before any subdivision plat may be filed in the office of the Greene County Clerk, the prospective developer and his authorized agent shall apply for and secure approval of such PUD in accordance with the following procedures. 1. Application for Sketch Plan Approval a. In order to allow the Planning Board 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 Planning Board. The sketch plan shall be approximately to scale and it shall clearly show the following information: (1). The location of the various uses and their areas in acres; (2). The general outlines of the interior roadway system and all existing rights-of-ways and easements, whether public or private; (3). Delineation of the various residential areas indication the number, size and typer of dwelling units proposed; and a calculation of the density pursuant to section V.B.7; (4). The interior open spaces system; (5). The overall drainage system; (6). A topographic map showing contour intervals of at least ten (10) feet of elevation; (7). Principal relationships to the community at large with respect to highways, water supply and sewerage disposal; (8). A location map showing uses and ownership of abutting lands; b. The sketch plan shall be accompanied by the following: (1). Evidence of how the developer s particular mix of land uses meets existing community demands; (2). Evidence that the proposal is compatible with the goals of the Town Comprehensive Plan; (3). A description of how all property will be owned and maintained; (4). Evidence of the applicant s ability to carry out the plan both physically and financially; 9

10 2.Planing Board Review of Sketch Plan a. Favorable Report A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering PUD Districting. It shall be based upon the following findings which shall be par of the report: (1). The proposal conforms to the Comprehensive Plan. (2). The proposal meets the objectives as expressed in Section V.A. (3). The proposal meets the general requirements of Section V.B. (4). Adequate sewer and water services are or will be available when the development is competed. b. Unfavorable Report 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 ten (10) days after receiving and unfavorable report, file and application for an appeal to the Town Board. c. Planning Board Certification 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 forty five (45) days of such certification. If no report has been rendered after forty five (45) days, the applicant may proceed as if a favorable report were given to the Town Board. D. Procedure for Establishing the PUD District 1. Town Board Hearing Upon receipt of a favorable sketch plan 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 PUD Districting for the applicant s plan in accordance with the procedures established under Section 264 and Section 265 of New York State Town Law or other applicable law. Said public hearing must be conducted within forty five (45) days of the receipt of the favorable report of the decision of appeal form and unfavorable report. 2. Town Board Preliminary Approval If the PUD Districting is acceptable, the Town Board shall issue a preliminary approval to the applicant and shall refer the applicant to the Planning Board. 3. Referral to Planning Board/Conditions for Final Districting Approval Upon Town Board referral to the Planning Board, the PUD applicant must secure site plan approval in accordance with Article V of the Zoning Law. If required, subdivision approval must be obtained in accordance with the Subdivision Ordinance of the Town of Greenville. In addition the applicant must comply with all additional conditions and requirements as may be set forth by the Town Board in it resolution granting the PUD District and shall so document to the Planning Board. The Planning Board shall certify to the Town Board when all conditions have beed met for final districting approval. 4.Town Board Approval Upon certification by the Planning Board that all conditions for final districting approval have been met, the Town Board shall grant final approval and the Zoning Map shall be so noted. The Town Board may, in order to 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 conditions may include, but are not limited to the project s visual screening, construction priorities, residential land use mixes, pedestrian and vehicular circulation systems, and protection of natural and /or vistas. 10

11 Article VI. Cluster Development A. Purpose The purpose of this Cluster Development Article is to prevent variation in lot size and housing types in suitable areas in order to encourage flexibility of design, to enable land to be developed in such a manner as to promote its most appropriate use, to facilitate the adequate and economical provision of street and utilities, and to preserve the natural and scenic qualities of open space, in accordance with Section 281 of the New York State Town Law. This purpose is achieved by permitting lot sizes to be reduced in a subdivision plat if (1) the overall density does not exceed that which is otherwise permitted in the applicable zoning district, and (2) the land thus gained is preserved a permanent open space for the use and enjoyment of the residents. B. Requirements Article VII. 1. The Planning Board is herby empowered to implement these provisions at its discretion in the LR and RR Districts if in the Board s judgement its application at the particular location is desirable and would contribute to the general well-being of the neighborhood and community and would benefit the Town. 2. The Planning Board must determine that the Cluster Development will not be detrimental to the health, safety or general welfare of persons residing in the vicinity, injurious to property improvements within its proximity, and that the Cluster Development conforms with the objectives of the Comprehensive Plan before issuing its approval. 3. Maximum Number of Dwelling Units: As part of the application for a Cluster Development the subdivider shall submit a conventional subdivision plan for the entire area, showing the lots that could be realistically created in terms of topography, natural features and costs, under the non-cluster provisions of this zoning law and if compliance with the Town of Greenville Subdivision Ordinance. The total number of lots thereby derived shall be the maximum number of dwelling units allowed in the Cluster Development. 4. Open Space Requirements: Land reserved for open space shall be of a character and location suitable for whatever open space purposed for which the land shall be reserved, such as a natural area, conservation area, wildlife preserve, outdoor recreation site, neighborhood park, nature center, wetlands, memorial forest, natural watercourse, or other open space use. The Planning Board may require that the open space be located at at suitable place on the edge of the subdivision so that additional land be added at such time as the adjacent land is subdivided. Reserved open space shall not be narrower than 200 feet except where necessary to provide a pathway or other access. An easement for the natural watercourse dedicated to the Town may be considered a open space for the purpose of this regulation if such easement is at least 200 feet wide. The subdivider shall allocate for open space purposes the same percentage of the entire tract as that by which the lot area has on the average been reduced, and shall be substantiated by the Town Board. Special Business Development District (Floating District) A. Purpose and Objectives The purpose of this Special Business Development District (BDD) article is to: 1. Encourage flexibility to promote the most appropriate use of land and to result in smaller, more efficient networks of utilities and streets; 2. Provide sufficient space, in appropriate locations, to meet the Town s needs for manufacturing, commercial and related activities, with due allowance for the need for a choice of sites; 3. Protect residences by separating them from business activities and to prohibit the use of such space for new residential development; 11

12 4. Encourage development which is free from danger of fire, explosions, toxic and noxious matter, radiation, and other hazards, and from offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare, and other objectionable influences; 5. Encourage development which preserve the Town s rural character, outstanding natural topography and geologic features,scenic vistas, trees, and prevent the disruption of natural drainage patterns; 6. Encourage compatibility with the Comprehensive Plan; B. General Requirements 1. Minimum Area 2. Ownership The minimum area for a BDD is ten (10) contiguous acres. The project land may be owned, leased or controlled either by a single person, corporation or by a group of individuals or corporations. Such ownership may be public or private corporation. The approved project plan shall be binding on the project land and owner(s). Only the owner or an agent designated in writing shall be allowed to file an application for a BDD. 3. Permitted Uses 4. Location The following land uses are permitted in BDD s 1. Shopping Center 6. Equipment rental or sales 2. Offices 7. Public utilities 3. Research laboratories 8. Light industry 4. Newspaper offices & printing shops 9. Storage facilities 5. Wholesale businesses & services 10. Accessory uses BDD s are allowed to be located only in areas currently zoned a RR, GC and HC districts as long a such proposed district have direct access onto a new York State highway by means of a paved two lane road that meets all town requirements. 5. Road Adequacy and Traffic Hazards Prevention Proposed BDD s must be located adjacent to a public road that is adequate to handle the expected traffic generated by the district. The proposed use and layout shall be of such a nature that is makes vehicular or pedestrian traffic no more hazardous than is normal of the area involved. Factors to consider in his determination are the turning movements in relation to traffic flow, proximity to and relationship to intersections, adequacy of sight distances, location and access of off-street parking, provisions for pedestrian traffic, and minimization of pedestrian-vehicular contacts. 6. Adjacent Lands The proposed location and height of buildings or structures, wall, fences, parking, loading and landscape shall be such that they do not interfere with of discourage the allowed development in the use of land adjacent to the proposed site or unreasonably affects it value. 7. Signs Proposed signs shall be in accordance with the requirements of Article X and shall be designed and located as not to present a hazard, glare or unattractive appearance to either adjacent property or to motorist. 8. Landscaping Adequate landscaping and lighting shall be provided. 9. Sewer and Water Facilities 12

13 Every BDD must be served by public or private communal sewer and water systems that have been approved by the NYS Department of Health and The NYS Department of Environmental Conservation and have beed properly shown to meet every requirement of the Town of Greenville and the Count of Greene. Sewage treatment must be provided by a governmental agency, a municipality or a sewage disposal corporation formed and regulated pursuant to Article 10 of the NYS Transportation Corporation Law. 10. Height No structure in a BDD shall exceed thirty-five (35) feet in height. 11. Performance Standards Uses are not permitted which exceed New York State regulations of any of the following standards measured at the individual property line; 1. Emit noise in excess of 70 decibels. 2. Emit an odor which is considered offensive. 3. Emit dust or dirt which is considered offensive. 4. Emit any smoke, in excess of Ringlemann Chart No Emit any noxious gases which endanger the health, comfort, safety or welfare of any person, or which have a tendency to cause injury or damage to property business or vegetation. 6. Cause, as a result of normal operations, a vibration which creates displacement of of one inch. 7. Lighting of signs which create clare, which could impair the vision of a driver of any motor vehicle. 8. Cause a fire, explosion or safety hazard. 9. Cause harmful wastes to be discharged into the sewer system, streams or other bodies of water. C. Sketch Plan Application and Review Whenever any BDD is proposed, before any contract is made for the dale of any part thereof, before any zoning and building permit shall be granted, and before any subdivision plat may be filed in the office of the Greene County Clerk, the prospective developer or his authorized agent shall apply for and secure approval of such BDD in accordance with the following procedures. 1. Application for Sketch Plan Approval a. In order to allow the Planning Board 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 Planning Board. The sketch plan shall be approximately to scale and it shall clearly show the following information: (1). Location and size in acres of proposed land uses; location, proposed use and height of all structures; (2). The general outline of the interior roadway system and all existing rights-of way and easements, whether public or private; (3). The overall drainage system; (4). Principal relationships to the community at large with respect to highways, water supply, and sewerage disposal; (5). A location map showing uses and ownership of abutting lands; (6). Existing natural features such a watercourses, water bodies. wetlands,wooded areas, individual large trees and flood hazard areas. Features to be retained in the development should be indicated; (7). Location and proposed development of all buffer areas, including existing vegetative cover; (8). General landscaping plan and planting schedule; (9). Building orientation and site design for energy efficiency; (10). Applicant s entire holdings and that portion of the applicant s property under consideration; (11). Location of design of all parking and truck loading areas, entrances and exits; (12). A soils overlay, if general site grades exceed 15% or portions of the site have susceptibility to erosion, flooding or ponding; 13

14 (13). Location, size and design of al proposed signs and lighting facilities; (14). Existing and proposed contours at intervals of not more than five (5) feet of elevation; (15). Location and design of all existing on-site or nearby improvements including drains, culverts,water lines, sewers, bridges, retaining walls, fences and easements whether public or private; (16). Grading and erosion control plan; (17). Sediment control plan showing proposed location of sediment sink/setting pond and interceptor swale; (18). Location and design of storm-water management facilities; (19). Drainage report including supporting design and copies of computations used as a basis for the design capacities and performance of drainage facilities; (20). Description of the method of securing water supply and location and design of such facilities; (21). Description of the method of sewage disposal and location and design of such facilities; (22). Location and design of all energy distribution facilities, including electrical, gas and solar energy; (23). Location of outdoor storage, if any; b.the sketch plan shall be accompanies by the following: (1).Evidence of how the developer s particular mix of land uses meets existing community demands; (2). Evidence that the proposal is compatible with the goals of the Town Comprehensive Plan; (3). A description of how all property will be owned and maintained; (4). Evidence of the applicant s ability to carry out the plan both physically and financially; 2.Planing Board Review of Sketch Plan a. Favorable Report A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering BDD Districting. It shall be based upon the following findings which shall be part of the report: (1). The proposal conforms to the Comprehensive Plan. (2). The proposal meets the objectives as expressed in Section VII.A. (3). The proposal meets the general requirements of Section VII.B. (4). Adequate sewer and water services are or will be available when the development is competed. b. Unfavorable Report 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 ten (10) days after receiving and unfavorable report, file and application for an appeal to the Town Board. c. Planning Board Certification 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 forty five (45) days of such certification. If no report has bedd rendered after forty five (45) days, the applicant may proceed as if a favorable report were given to the Town Board. D. Procedure for Establishing the BDD District 1. Town Board Hearing 14

15 Upon receipt of a favorable sketch plan 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 BDD Districting for the applicant s plan in accordance with the procedures established under Section 264 and Section 265 of New York State Town Law or other applicable law. Said public hearing must be conducted within forty five (45) days of the receipt of the favorable report of the decision of appeal from and unfavorable report. 2. Town Board Preliminary Approval If the BDD Districting is acceptable, the Town Board shall issue a preliminary approval to the applicant and shall refer the applicant to the Planning Board. 3. Referral to Planning Board/Conditions for Final Districting Approval Upon Town Board referral to the Planning Board, the BDD applicant must secure site plan approval in accordance with Article VII of the Zoning Law. If required, subdivision approval must be obtained in accordance with the Subdivision Ordinance of the Town of Greenville. In addition the applicant must comply with all additional conditions and requirements as may be set forth by the Town Board in it resolution granting the BDD District and shall so document to the Planning Board. The Planning Board shall certify to the Town Board when all conditions have beed met for final districting approval. 4.Town Board Approval Upon certification by the Planning Board that all conditions for final districting approval have been met, the Town Board shall grant final approval and the Zoning Map shall be so noted. The Town Board may, in order to 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 conditions may include, but are not limited to the project s visual screening, construction priorities, residential land use mixes, pedestrian and vehicular circulation systems, and protection of natural and /or vistas. Article VIII. Demolition Permits General Procedures and Provisions No demolition permit shall be issued by the Zoning Enforcement Officer permitting demolition in the HR and HB districts without approval by the Planning Board except where the Zoning Enforcement Officer finds that demolition is necessary in the interest of the safety and welfare of the public. The Zoning Enforcement Officer may also waive Planning Board review if the subject structure is less the one hundred (100) years old. If subject structure has already received an approved Certificate Of Appropriateness a demolition permit will be approved. The Planning Board review shall be based on the principle that properties which contribute to the character of the district in which they are located shall be retained and preserved with their historic features altered as little as possible. An applicant for a proposed demolition may apply for relief on grounds of hardship. In order to prove the existence of hardship, the applicant shall establish that. Article IX. a. The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible; and b. The property cannot be adapted for any other use, whether by the current owner of by a purchaser which would result in a reasonable return. Parking Regulations Number of parking spaces required will be as followed, with the exception of the HB, off-street parking spaces shall be provided in any district in accordance with the specifications in this section whenever any new use is 15