Approval required.
(1) Whenever any Planned Neighborhood Overlay District (PNOD) development is proposed, and before any permits for the erection of permanent buildings or facilities in such planned neighborhood shall be granted, and before any subdivision plat or any part thereof may be flied in the office of the Monroe County Clerk, the applicant shall apply for and secure approval of such planned neighborhood overlay development in accordance with the procedures set forth in this chapter. These procedures shall supersede any inconsistent procedures or regulations set forth elsewhere in the Town Code.
Dimensional requirements.
(1) Subdivision and lot size restrictions. In the PNOD, the total acreage of all land included in the PNOD site shall be established as part of the rezoning application. Once established, no part of a PNOD site will be allowed as part of any other PNOD application. Within a zoned PNOD site the Planning Board shall have the authority under § 278 of New York State Town Law to modify applicable zoning criteria in order to achieve the most desirable pattern of development.
Site lighting.
(1) All applicants shall submit a lighting plan showing conformity with standards contained in this section. Such lighting plan shall indicate the location, type of lamp, luminaire, mounting height, source lumens, illuminance and glare control options, if any, for each light source and area. Illuminance may be plotted using manufacturer's photometric charts, or the Planning Board may require iso-footcandle drawings to examine the interaction of all lighting on the site. Any additional documentation necessary to show conformance to the standards set forth in this section shall also be provided. Additions or changes to an approved lighting plan shall be considered under the site plan review provisions of this chapter.
PNOD rezoning procedures.
(1) Concept proposal discussion.
(a) An applicant shall arrange to meet with the Town Planning Board to discuss any PNOD zoning proposal regarding design, mix and density of uses, location, layout, procedural requirements and other matters acquired by the Planning Board prior to submittal of a PNOD zoning application to the Town Board. A concept sketch shall be known as the overall development plan for the PNOD site and shall be submitted to the Planning Board for its review and recommendation. The overall development plan shall distinguish existing and proposed buildings, structures, off-street parking, recreational areas and any community-oriented uses. In addition, said plan shall set forth the petitioner's known ideas and design intent for the planned growth and development of the neighborhood. Such plan need not include engineering details but must include topographic treatment, general utility locations, pertinent natural features and general locations of all land uses, including common open space.
(b) Upon favorable report by the Planning Board, the developer may proceed to prepare a Planned Neighborhood Overlay District (PNOD) zoning application and environmental record for submission to the Town Board. In the event that the overall development plan is not recommended by the Planning Board, the petitioner may request a review by the Town Board to determine whether to proceed with the PNOD rezoning process.
(2) Contents of PNOD zoning application. The application shall contain the overall development plan, identifying the following information:
(a) Evidence of how the proposed mix of residential and nonresidential land uses meets the demand for the particular neighborhood.
(b) Evidence that the proposal is compatible with the requirements of this chapter.
(c) The location and extent of all existing and currently proposed land uses, including open space and an area map showing the parcel(s) under consideration and all properties, subdivisions, streets, zoning classifications and easements within 500 feet of the PNOD site.
(d) All interior streets, roads, easements and their planned public or private ownership, as well as all points of access and egress from existing public rights-of-way.
(e) A specific definition of existing and planned uses, indicating the number of buildings and dwelling units and the footprint of each residential housing type, as well as the overall project density.
(f) A description of (but not necessarily detailed engineering plans) the overall water and sanitary sewer system with proposed points of attachment to existing systems; the proposed stormwater drainage system and its relation to existing systems.
(g) A description of the manner in which all areas are to be maintained, including open space, streets, off-street parking, signage, fences and site lighting.
(h) Documentation of any other governmental agency's involvement with or required approval of the project.
(i) If a staged project, then assurances from the developer that the project is consistent with the overall development plan and that construction will occur within the time frame specified elsewhere in this chapter.
(j) Sufficient renderings which shall show the PNOD as it shall appear when fully constructed. The architectural elevations shall include sufficient architectural detail at least as thorough as that found in the sketch entitled "Generic Architectural Template," a copy of which is on file in the office of the Town Clerk. Upon approval, subsequent construction on the PNOD site shall conform with the architectural elevation(s).
(k) A complete long-form environmental assessment and any additional information as necessary to enable the lead or responsible agency to make the necessary determination of significance under the provisions of the State Environmental Quality Review (SEQR) Act.
(3) PNOD zoning application procedure.
(a) In order to provide for an orderly method of processing a proposed PNOD zoning application, the number of copies of a complete application as required by the Town shall be provided to the Town Board, along with the required application fee. The Town Board, upon receipt of the proposal, shall send copies to the Planning Board, Conservation Board, and Town Engineer for review and recommendation. All zoning matters relating to the proposed PNOD shall be determined and established by the Town Board after recommendations have been received from these three groups.
(b) Before consideration of any rezoning of property to PNOD can take place by the Town Board, the Planning Board shall conduct a public hearing on the overall development plan within 62 days of the receipt of the complete application. The Planning Board shall also consider the adequacy of the environmental record and the appropriateness of the rezoning application within 60 days of the receipt from the Town Board. Within 45 days after the close of the public hearing, the Planning Board shall submit its written report to the Town Board. If no report is rendered within these time frames, or unless such time limit has been extended by formal action of the Town Board, the applicant may proceed on the basis that the report is favorable.
(c) Upon receipt of a report from the Planning Board, at a regularly scheduled Town Board Meeting, the Town Board shall consider the application for the PNOD as any other application for amendment after the Zoning Map and schedule a public hearing within 62 days of its receipt of said report. The Town Board shall refer said application to the Monroe County Department of Planning and Economic Development for its advisory report in accordance with the provisions of §§ 239-l and 239-m of the New York State General Municipal Law.
(d) Upon approval of the requested rezoning by the Town Board, the applicant may proceed with applications for specific site plan approval of any subsequent development in accordance with the provisions of Article V, Site Plan Approval.
Request for changes in the PNOD overall development.
If in the development of the Planned Neighborhood Overlay District site it becomes apparent that certain elements of the PNOD overall development plan, as it has been approved by the Town Board, are in need of modification, the applicant shall then present a modified overall development plan to the Planning Board as a preliminary site plan in accordance with the above procedures. The Planning Board shall then determine whether or not the modified overall development plan is still in keeping with the intent of the zoning resolution. If a negative recommendation is reached, the revised overall development plan shall be considered disapproved. The applicant may then continue development of the site in conformance with the approved PNOD overall development plan or appeal the Planning Board's recommendation to the Town Board. If an affirmative recommendation is reached, the Planning Board shall also notify the Town Board stating all of tile particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary site plan approval of a modified overall development plan may only be given with the consent of the Town Board.
Staged development.
If the applicant wishes to stage the PNOD development, then the applicant may submit for site plan approval only those stages proposed to be developed, in accordance with an overall development plan which identifies the staging of the PNOD development plan. Any overall development plan that requires more than 24 months to be completed shall be required to be staged, and a staging plan must be developed. It is the intent of this chapter that individual stages of the PNOD will have an integrity of use in their own right so that, if for any reason the entire PNOD would not be completed, those portions of the PNOD already constructed will be an asset to the community by themselves. Staging plans must take into account this objective.
Other regulations applicable to Planned Neighborhood Overlay District.
(1) Regulation after initial construction and occupancy. For the purposes of regulating development and use of property after initial construction and occupancy, any changes shall be processed as a special use permit request to the Planning Board when evaluating these requests, and maintenance of the intent and function of the Planned Neighborhood Overlay District shall be of primary importance.
