[Transcribed from the document introduced by the Town Supervisor on 22 Jul 2013. This is the third version of this document.]
[Substantive comments look like this.]
[Comments on document structure, including typos, look like this.]
Town of Rosendale
Local Law No. of the year 2011 [Year should be 2013.]
A Local Law to amend Chapter 75 of the Code of the Town of Rosendale entitled “Zoning Law of the Town of Rosendale, New York” (hereinafter referred to as the “Zoning Law”).
Be it enacted by the Town Board of the Town of Rosendale as follows:
This local law shall be known as “A Law Amending the Zoning Law of the Town of Rosendale to Establish the Binnewater Lakes Conservation Planned Development Area.”
This Local Law is enacted pursuant to the authority of Municipal Home Rule Law Section 10, the Town Law, and in accordance with the Zoning Law of the Town of Rosendale, New York - Article IX entitled “Amendments.”
A. [Section 3 contains only one subsection, thus no separate heading letter is appropriate.] Chapter 75 of the Town Code of the Town of Rosendale is hereby amended with the addition of the following new section:
BINNEWATER LAKES CONSERVATION PLANNED DEVELOPMENT AREA
The Binnewater Lakes Conservation Planned Development Area (“BLCPDA”) is a special planning area intended to recognize the unique environmental, historic and economic importance of the Binnewater Lakes and their surrounds, consistent with the principal objectives of the Town of Rosendale Comprehensive Plan. The area is home to important geologic, surface water and habitat resources and has historically served as an important economic resource for the Town via the extraction and tourism industries. The area also contains an approximately 1.5 mile section of the Wallkill Valley Rail Trail that has been closed to public access. Creating public access to this 1.5 mile section enables uninterrupted access from both the north and the south of the area to a 24 mile regional rail trail from Wallkill to Kingston, NY. The area is also unique in that it has principally remained in uniform ownership and/or control for the last 80 years and [The following is speculative and irrelevant and raises the question of how “uniform ownership” is defined, since the applicant intends to sell off many homesites.] it is likely to remain that way into the foreseeable future. The Town Board wishes to take advantage of all of these unique characteristics by establishing a mechanism that will create the opportunity for the uniform conservation, planning and development of this area as well as [The following is an acknowledgement that the entire amendment is created for a single parcel and developer, i.e. is spot zoning.] a sustainable redevelopment of the Williams Lake Hotel Resort which has served for decades as a principal tourist destination within the Town. Such a mechanism is in keeping with the specific objectives of the Comprehensive Plan to preserve existing businesses and ensure conservation, planning and development while ensuring public access connectivity to the Walkill Valley Rail Trail. The Rosendale Comprehensive Plan's principal goals are 1) the preservation of resources (including open space, water resources, ecosystems, historic features, etc.); 2) enhancing the value of land through planned development; [The Comprehensive Plan includes a set of goals related to Economic Development. They make no mention of increasing the value of land. The phrase 'planned development' does not appear anywhere in the Comprehensive Plan.] and 3) improving the efficiency of community infrastructure and services. [Although the Comprehensive plan does group its goals into three general categories, claiming correspondence with the Plan by examining only those group names conceals the lack of correspondence between this zoning proposal and many of the Plan's 42 specific goals.] I[n] furtherance of these objectives, this zoning section authorizes the location of a "Lakes Conservation Plan Development" within the BLCPDA consisting of both resort and residential uses as well as public recreational use of the Walkill Valley Rail Trail through the property, and sets forth comprehensive regulations for such development to ensure that it can be properly located, maintained and constructed to accomplish its purpose without detriment to the environment and the general health, safety and welfare of the residents of the town of Rosendale.
The Binnewater Lakes Conservation Planned Development Area (BLCPDA) is hereby established as a special planning area within the Town of Rosendale. The area consists of approximately 779 acres (6+/-% of Town's total land mass) and is depicted on the map annexed hereto and made a part hereof. The area shall be depicted on the Zoning Map promulgated pursuant to §75-5 of the Zoning Law. The BLCPDA designation does not alter the underlying zoning classification of the properties located within its boundaries. Any application for a Lakes Conservation Planned Development [Insert (defined below).] made pursuant to this section shall be solely governed by the regulations contained herein. [This renders the underlying zoning classification inoperative within the LCPD.]
A. A Lakes Conservation Planned Development (LCPD) is a planned, mixed use development on a large [undefined size] tract of land within the BLCPDA designed to maximize conservation and protection of important natural resources while authorizing compact development of a range of uses that can support and sustain a responsible economic development model for the Town. The appropriate [subjective and undefined] redevelopment of the Williams Lake Hotel Resort is a critical component of this model and is required as part of any Lakes Conservation Planned Development application. [The preceding again acknowledges spot zoning. It also appears to state that the BLCPDA can never contain more than one LCPD, in which case it is not evident why the BLCPDA construct is needed at all rather than simply defining the LCPD, as is done in this document, and outlining its boundary.] .[Delete extra period.]
B. A Lakes Conservation Planned Development requires Master Development Plan approval from the Town Board [Previous versions of this document gave this responsibility to the Planning Board, which seems more consistent with current practice. The Town Board is ill equipped, by training or experience, to conduct the detailed technical review which must precede Master Development Plan approval.], site plan and as necessary, subdivision approvals from the Town Planning Board in accordance with the procedure set forth and upon compliance with the standards and regulations herein. No application for site plan, subdivision or other site specific approval for any phase or section [Neither term is defined. How do they differ?] of a Lakes Conservation Planned Development shall be reviewed or approved until a Master Development Plan has been approved by the Town Board in accordance with the requirements herein.
A. A Lakes Conservation Planned Development shall demonstrate compliance with the following development standards and objectives:
[Numbered items should be indented, as is done in §75-57 (E).]
(1) Protection of important natural resources including but not limited to the Binnewater Lakes, other important surface and ground water resources, wetlands, vernal pools, endangered species and their habitat, mature forest and sensitive geological features including steep slopes and sites with Karst geology (hydrogeologically sensitive carbonate geology). Protection of large, contiguous unaltered tracts. Preservation of links between natural habitats on adjacent properties. Restoration and maintenance of broad buffer zones of natural vegetation along streams and water bodies and minimization of impervious areas.
(2) Redevelopment of the Williams Lake Hotel Resort as a principal tourist destination for the Town. [Another definitive statement that this represents spot zoning.]
(3) Utilization of a compact [subjective and undefined] development footprint.
(4) Preservation of a significant [subjective and undefined] expanse of open space with minimization of the fragmentation [minimum would be no fragmentation. Who decides if fragmentation proposed in a plan could be further reduced?] of existing forested areas. A minimum 40% of the development’s gross site acreage must be preserved as open space.
(5) Preparation of a long term resource management plan for existing lands under conservation easement as well as additional lands that become subject to conservation protection. Such plan shall include mechanisms to provide for public access to conservation areas for research and/or educational purposes. [The final conditional phrase was added in this version of the BLCPDA and implies that access for recreational purposes is not required as part of the plan. This appears to conflict with item (8)b below.]
(6) Protection of identified pre-historic and historic cultural resources deemed important. ['important' is subjective and undefined. Who makes the judgement?]
(7) Incorporation of an environmental and/or historical education feature [subjective and undefined. Would a single historical sign qualify?] into the development plan.
(8) Inclusion of a public access component into the development plan that provides the following public recreational uses:[Further indenting the following subsections would improve clarity.]
a) Free public access/ connectivity to the Wallkill Valley Rail Trail system. Such access should be accorded generally [vague] along the existing historic railbed;
b) Public access to Williams Lake, Fourth Binnewater Lake and/or [the inclusion of 'or' allows access to the lakes to be omitted entirely] lands protected by conservation easement whether free or via a fee day pass or some other method as may be applicable. ['as may be applicable' is vague. Who decides what is applicable?]
(9) Provision of an affordable and/or workforce [What is the difference between these two terms? Where are they defined?] housing component within the development plan or, support of another affordable housing effort or project within the Town. [vague, with no objective criteria. Would provision of a single rental apartment be sufficient? How is the Town Board to make a determination as to whether this standard has been met?] An affordable housing plan shall be submitted as part of the Master Development Plan materials.
(10) Incorporation of sustainable practices applicable in the construction and operation of the development. Sustainable practices include, but are not limited to: green infrastructure techniques for onsite storm water filtration, local sourcing of materials, water conservation methods, use of energy efficient building materials, mechanical systems and home appliances, use of certified sustainable products and materials, generation of on-site renewable energy, recycling and composting of solid waste, pedestrian- focused design, protection of natural resources and habitat, etc. Demonstration of sustainability will require commitments to participate in one or more of the following or substantially similar green building certification standards: LEED, Living Building Standards, Green Globes, Energy Star, etc.
(11) Provision of central water and sewer, cable television, telephone, propane gas and electric service. [It is noted that HRVR's conceptual plans to date have made no mention of central propane distribution.] Utility service lines will be buried underground to the maximum extent practicable.
(12) Access to the development must be from a public street which meets current accepted design standards with respect to roadway width and alignment.
(13) The planned development shall incorporate a second means of ingress/ egress for safety/ emergency reasons.
(14) Identification of appropriate [subjective. Who determines?] legal mechanisms to preserve and protect important [subjective. Who determines?] natural resources and open spaces and to govern and regulate common area elements of the development plan.
(15) Conformance with Parking Guidelines as described in §75-57 (G) (4)[Insert period.]
A. Principal Uses. The following principal uses shall be permitted in a Lakes Conservation Planned Development: [The land comprising the BLCPDA as defined above is currently zoned as Residence A. To understand the impact of this amendment, the status of such uses under current Residence A zoning are identified in notes to the list below.]
(1) Hotel/Resort rooms and suites within a single building or multiple buildings[Insert period.] [Currently requires a Special Use Permit from the Planning Board.]
(2) Recreational amenities supportive of the hotel/resort as a seasonal or year round destination. Such amenities shall include both indoor and outdoor recreational and/or health related facilities. Examples include, but are not limited to, a spa, gymnasium, boating, swimming, hiking, mountain biking, agricultural, equestrian, and winter sports facilities. [Most of the listed uses currently require a Use Variance from the Zoning Board of Appeals.]
(3) Single family dwellings.
(4) Two family dwellings. [Currently requires a Special Use Permit from the Planning Board.]
(5) Multi-family dwellings. [Currently requires a Use Variance from the Zoning Board of Appeals.]
(6) Any other residential use or housing / dwelling type approved by the Town Board in the Master Development Plan. [Current zoning law does not give such approval authority to either the Town Board or Planning Board.]
(7) Buildings and structures for the common recreational or social use, education, wellness and enjoyment of guests or residents of the resort and/or Rosendale community, or designed for the provision of services to the guests or residents of the resort and/or Rosendale community. [Currently each use not specified in the Town's Schedule of Permitted Uses would require a Use Variance from the Zoning Board of Appeals.]
(8) Park and conservation areas.
(9) Community buildings and activity spaces. ['community' is undefined. Does it mean 'Rosendale community' or 'LCPD community'?]
(10) Entry gate, security, valet and concierge stations. [Currently not permitted except as accessory uses.]
(11) Community ['community' is undefined. Does it mean 'Rosendale community' or 'LCPD community'?] oriented agricultural uses.
B. Permitted Accessory Uses.
Any uses which are customary, incidental or subordinate to a principally permitted use within the approved Master Development Plan. Examples include special events associated with resort amenities, parking areas, utilities and utility structures (including renewable energy installations), restaurants, bars, kiosks, and gift shops servicing hotel/resort guests or development residents.
A. Due to the unique nature of the [B]LCPDA and the intent to provide design flexibility in the creation of a Lakes Conservation Planned Development, the bulk and lot requirements established elsewhere in the Zoning Law are not applicable here. Bulk and lot requirements for both residential and non-residential uses (principal and accessory), including minimum lot area, minimum yards, minimum setbacks open space and other bulk and lot standards shall be determined by the Town Board as part of the Lakes Conservation Planned Development Master Plan review process. [Among the provisions of current law superseded by this section is a limitation on the size of an accessory use building to 500 square feet (§75-18(E)(2)(c). The applicant has argued that if this, or a similar, amendment is not approved, they could claim that many of the Principal uses listed above would be considered, under current code, to be valid Accessory uses to a resort hotel. However several of the buildings proposed by the applicant for these uses, including the spa, far exceed the permitted 'accessory use' size. Granting this amendment renders these uses as Principle uses and thus eliminates the 500 square foot limit. Is this what is intended?]
B. Notwithstanding the above, the maximum residential and non-residential density in a Lakes Conservation Planned Development shall be as follows:
(1) Maximum residential density.
Residential and nonresidential density shall not exceed that which is permissible under SEQR Findings issued by the Lead Agency and/or the Town Board.
(2) Maximum Building Height
The maximum building height shall be 75 feet or 5 stories, whichever is less. [This would allow the height of any buildings, including condo / townhouse units or detached residences, to be 75 feet high. Is that what is intended?]
(3) Maximum Residential Lot Coverage
Maximum residential lot coverage of all buildings, structures and other paved/ concrete surfaces (including parking/ walking surfaces) on any residential lot shall be no more than 40% of the lot area...[Delete extra periods]
(4) Residential Lot sizes and Setbacks
Single-family residences shall have a minimum lot size of 22,000 square feet (approximately ½ acre), minimum front setbacks of 15 feet, minimum rear setbacks of 25 feet and minimum side setbacks of 10 feet for any structure..[Delete extra period.]
Multi-family areas [Why is the term 'residences' not used here?] (whether 2 family, 3 family or greater) shall have a maximum density of 15 units per acre, and all multi-family structures shall have minimum separations of 20 feet, minimum front setbacks of 20 feet and minimum rear set backs [setbacks is one word. Delete space.] of 25 feet.
A Lakes Conservation Planned Development shall comply with the following general Design Guidelines:
(1) Architectural elements shall be used to provide visual interest and promote integration of design elements.
(2) Groups of related buildings shall be designed to present a visually attractive appearance in terms of combination of juxtaposition of architectural style and massing of buildings. [These first two guidelines are entirely subjective and vague, thus providing no guidance.]
(3) Provide safe, efficient and convenient vehicular and pedestrian access and circulation patterns, including pedestrian connectivity between residential and commercial components, including parking areas.
(4) Parking will meet underlying zoning requirements as per §75-19 in terms of number of spaces required. Shared parking facilities are encouraged. On-street parking may be allowed provided the street width is adequate to safely accommodate on-street parking and safe passing by Emergency Vehicles. [Rather than leave this undefined, the guideline should specify a minimum width, with on-street parking permitted only where it would not reduce the open roadway below that minimum.] Parking areas should be designed for a safe and orderly flow of traffic throughout the site as well as for on-site stormwater management. Major circulation patterns within parking areas should be well defined with appropriate landscaped buffers and/or islands. Parking spaces along main circulation drives should be avoided. To the maximum extent practicable, dead-end parking lots shall be avoided. Parking areas shall be designed to maximize on-site ground filtration of stormwater and may include the following practices and techniques or other Best Management Practices:[The following subsections should be further indented to improve clarity. Up to this point the section identification hierarchy has been: bold uppercase, normal uppercase, decimal, lowercase alpabetic. Here the document instead uses lowercase roman numerals. An identification hierarchy consistent with the rest of the Town Code should be used throughout this amendment.]
i. Use of underground stormwater chambers to divert stormwater through impervious parking surfaces;
ii. Integration of stormwater practices in landscape islands to help treat stormwater runoff on site;
iii. Use of pervious paving blocks and/or pervious composite surfaces;
iv. Incorporation of compact car spaces to reduce impervious surface cover;
v. Integration of green swale areas on the perimeter of parking lots to reduce stormwater flow;
vi. Use of shared parking among adjacent uses to reduce impervious surface cover.
(5) Building lines shall be varied to the extent practical to provide an interesting interplay of buildings and open spaces. [subjective and vague.]
(6) The layout of residential areas shall create neighborhoods of appropriate scale and design, providing entrance features, landscaping, pedestrian and vehicular circulation suitable to the type of housing provided. [subjective and vague. Even 'neighborhoods' is not defined.]
(7) Buildings shall be designed with consideration of their appearance from vantage points both within and outside the BLCPDA. [subjective and vague. How is 'consideration' evaluated by the approving body?]
(8) Appurtenances on buildings and accessory structures shall receive architectural treatment consistent with that of principal buildings.
(9) Where practical, use of natural materials shall be utilized for construction of buildings and site features. Natural materials shall be locally sourced to the extent feasible. [Adherence to local sourcing guidelines will be unknown during approval processes and is unenforceable, as actual sourcing typically occurs only after all approvals have been granted.]
(10) Palates and colors consistent with the natural landscape shall be used.
(11) Provision of more than one point of access to the site.
(12) Site Lighting
Eliminate adverse impacts of light through spillover; provide attractive [subjective] lighting fixtures and layout patterns that contribute to unified exterior lighting design of nonresidential developments; and provide exterior lighting that promotes safe vehicular and pedestrian access to and within a development, while minimizing impacts on adjacent properties and wildlife.
(13) Landscaping, Screening and Fencing
Use landscaping to visually tie the entire development together, define major entryways and circulation (both vehicular and pedestrian) and parking patterns, and, where appropriate, help buffer less intensive adjacent land uses. Use natural and landscaped areas wherever feasible to visually soften paved areas and buildings, screen service areas (e.g., mechanical and utility equipment, loading docks, parking, solid waste facilities, etc.) as well as to mitigate stormwater runoff. Incorporate landscaping (with a preference for trees) to screen parking areas for visual and noise impacts and to provide shading. Incorporate existing trees and shrubs into landscape design to the extent possible by beginning landscape design planning prior to clearing and grading of site. When incorporating new plantings into landscape design, use non-invasive and preferably native plant species, and environmentally sustainable design to efficiently lower the use of required irrigation. Minimize fencing.
A Master Signage Plan, containing announcement and directional signage, shall be established for the planned development. Signage shall be at a scale and design that is consistent with the character of the planned development. The Master Signage Plan will be submitted with the Master Development Plan. [It is not clear why this is not simply a required component of the Master Development Plan as listed at (I)A(2) rather than being a separate entity.]
The BLCPDA allows flexibility to encourage innovative site planning and design. Toward that end, specific design standards are to be established for the Lakes Conservation Planned Development as part of the Master Development Plan process. [The process for doing this is unclear. The presence of acceptable Specific Design Standards is a criteria for acceptance of the Plan, but the proposed code does not describe how they are to be established, nor are they listed as a required component of the Plan in (I)A(2)] The adopted Design Standards shall govern and be incorporated into the design of individual site plans and/or subdivision plans for each building phase and/or section of the development.
(1) An application for approval of a Master Development Plan shall be made in writing to the Town Board and on forms and in such quantity as may be prescribed by the Town Board. In addition, the Applicant shall provide electronic copies of all submitted application materials on a CD, flash drive or other electronic storage means. [From a practical standpoint, the file format (.rtf, .pdf, MS Word .doc, HTML, etc.) is more important than the physical media on which it is delivered. It might be good to specify what is wanted.]
(2) The application shall include the following information: [Further indenting the following subsections would improve clarity.]
(a) Site location map. A site location map showing the location of the site in relation to existing roads, properties, structures, land uses, zoning districts, service and utility districts and other significant information for the subject property and all areas within 500 feet of the subject property.
(b) Constrained Lands map. A map or series of maps on a current topographic base depicting all Constrained Lands on the site. For purposes of this section, constrained lands shall include, but not necessarily be limited to: wetlands or other waters of the U.S. (perennial, intermittent and ephemeral streams), vernal pools, lakes, streams, rivers, steep slopes (15% or greater), [Elsewhere (FEIS and DEC Findings, etc.) a 25% criteria is used to define steep slopes. Is the 15% number what is wanted here?] abandoned mines, caves, fissures, bedrock outcroppings, delineated endangered/ threatened species habitat (unless prohibited by regulatory wildlife agencies), and other sensitive natural habitats.
(c) A narrative report describing how the proposed Master Development plan is compliant with applicable SEQRA findings.
(d) A narrative report describing how the proposed Master Development plan is compliant with the BLCPDA development standards and design guidelines as described in §75-57 (D) and §75-57 (G).
(e) Land use and development plan. A proposed land use and development plan illustrating the applicant’s land use and development concept for the entire property. ['entire property' is not defined. Does it refer to the area within the boundary of the LCPD or something else?] The plan shall also depict those lands proposed to be set aside for open space, public access and/or conservation, including, but not limited to, proposed conservation areas, lands set aside for public recreation, rail trails, roads and/or structures provided for public transportation, etc.
(f) Phasing plan. A proposed phasing plan indicating the phasing of site development and infrastructure improvements (both on and off-site), including the anticipated general order of construction and the estimated timing of each phase. Phases should be identified on the Master Development Plan and each phase should be able to stand independent of other phases for water, sewer and access.
(g) Affordable/workforce housing plan. An affordable (and/or workforce) housing plan indicating the number of units, physical design, timing of inclusion in the construction phase and income thresholds to access the affordable/ workforce housing units.
(h) Master Signage Plan. [Font differs from rest of document.]
(i) Additional information. Such additional information in narrative or graphic form as may be required to enable the Town Board to make its determinations as required herein.
Fully engineered plans and construction details are not required at this stage of the process.
(3) Fees. An application shall be accompanied by an application fee as prescribed by the Town Board. If professional review of the application is required by a designated private planning, engineering, legal or other consultants or, if other extraordinary expense to review documents or conduct special studies in connection with the proposed application is incurred, reasonable fees shall be paid for by the Applicant, through an escrow account established by the Applicant and the Town. An escrow agreement shall be signed by the Applicant and a payment shall be made to the Town prior to the review of any application materials by the Town's consultant(s).
B. Application Review.
The review of a Master Development Plan shall be conducted in accordance with the following procedure. [Further indenting the subsections below would improve clarity.]
(a) Upon receipt of application, the Town Board shall notify the applicant of the place, date, and time of the meeting [perhaps it would be better to say 'any meeting', since the next sentence implies that there may be more than one.] at which the application is to be considered. The applicant or the applicant’s representatives shall be present at meetings at which the application is to be considered.
(b) GML review. The complete ['complete' is not defined. Is it sufficient to provide the items listed at (I)A(2) or are there additional criteria?] application shall be referred to the Ulster County Department of Planning for any review under GML 239 l, m, n or nn.
(c) SEQRA review. The Town Board shall determine whether the application complies with any applicable SEQRA findings. If the application complies with such SEQRA findings, no further SEQRA review shall be conducted. If the application does not comply with such findings the Town Board shall proceed to issue or recommend issuance of a determination of significance for the proposed action. The application shall not be deemed complete until it is determined that no further SEQRA review is required; a negative declaration is issued or, a draft Supplemental Environmental Impact Statement has been accepted by the lead agency.1 [Deeming the application complete would be an action under SEQRA. In the event of a positive declaration such action cannot be taken until the Lead Agency has released its Findings, not simply accepted a DEIS.]
(d) Public hearing. Within 60 days of receipt of a complete [except for the SEQRA requirement, criteria for completeness are not included; it appears that the Town Board can judge completeness on whatever criteria it chooses, including the completeness of any additional information it may request under (I)A(2)(i)] application, the Town Board shall hold a public hearing on the Master Development Plan application. Notice of the public hearing shall be published in the official newspaper of the Town at least 10 days prior to the date set for public hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for public consideration of the application. All notices shall include the name of the development, the location of the development site, and the date, place, time and subject of the public hearing at which the application will be reviewed. [There should also be a requirement to provide locations, preferably including a web location, where the Master Development Plan is available for review by the public.]
(e). Town Board action. Within 62 days of the close of the public hearing the Town Board shall act to approve or disapprove the Master Development Plan application. The time within which the Town Board must render its decision may be extended by the mutual consent of the applicant and the Town Board. The Town Board may, if it deems it necessary in order to protect the public health, safety and welfare of the community, attach to its approval any reasonable [undefined. Who determines?] conditions or requirements for the applicant to meet. The decision of the Town Board shall be filed in the office of the Town Clerk within five business days of the date such decision was rendered, and a copy thereof shall be mailed to the applicant.
(f) Amendment. Amendment of an approved Master Development Plan is required if: [Further indenting of the following subsections would improve clarity.]
(i) There are proposed construction activities which extend materially [vague and undefined] beyond the limits of disturbance shown on the approved Master Development Plan.
(ii) Principal development areas or significant uses are relocated from the general locations [vague and undefined] shown on the approved Master Plan to completely different locations on a property.
(iii) Changes are proposed that would result in a potentially significant adverse impact to the environment not otherwise addressed in the original Master Development Plan Approval process.
(iv) Changes are proposed that would require new material approvals or permits not identified in the original Master Development Plan Approval process from other agencies.
(v) It is proposed to eliminate any public access element previously identified on the approved Master Development Plan.
Any required Amendment shall be by application to the Town Board and the Town Board shall review such amendment in accordance with the procedure set forth above. [unclear. Does 'above' refer to (I)B (the application review process) or (I)B(f) (the list of conditions requiring an amendment)? Only the former is a 'procedure', so the reference should be 'set forth in (I)B above'.]
Deviations from the approved Master Development Plan which do not fall within the criteria for required amendment set forth above, may be authorized by the Planning Board during site plan review.
Chapter 75 of the Town Code of the Town of Rosendale if hereby further amended with the addition of the following new sections: [This statement is redundant and should be deleted. This entire Section 3 is an addition to Chapter 75 and there is no reason to distinguish the following subsections, which simply continue from those appearing above.]
In determining whether or not to approve a Master Development Plan, the Town Board shall consider the extent to which,[Delete spurious comma.] the proposed plan meets the following criteria:
(a) The plan is consistent with the goals of the Town’s Comprehensive Plan.
(b) The plan meets the Development Standards and Objectives set forth in §75-57 (D).
(c) The plan meets the General Design Guidelines set forth in §75-57 (G)
(d) The plan provides Specific Design Standards that conform with accepted design principles and further the intent and purpose of this section. [Specific Design Standards are not included in the list of items (I)A(2) that a Master Development Plan must contain.]
1. Site Plan approval required. Site Plan review and approval by the Planning Board as provided in §75-40 of the Zoning Law [which seems to exempt LCPD components from the site plan process. See below under Conflicts.] shall be required prior to the commencement of any site work or the issuance of a building permit.
2. Subdivision approval. If a subdivision of property is proposed, subdivision approval from the Planning Board in accordance with Chapter 60 of the Town Code is required[Insert period.] Such approval shall be received prior to commencement of any site work or the issuance of a building permit. The subdivision plan application may be for a single phase or multiple phases of the Master Development Plan, or it may be for the whole area covered by the Master Development Plan. A bulk subdivision of the Master Plan Development area which divides the site into a single residential area and a single non residential area shall be treated as a minor subdivision.
3. Concurrent reviews. Applications for site plan and subdivision approval may be processed concurrently by the Planning Board. In cases of concurrent review, the review process shall be coordinated to the extent practical including, as necessary, the conduct of a combined public hearing and continued public hearing covering applications for multiple approvals.
In the event of a conflict between a provision of this section 75-57 and a provision of the site plan regulations contained in paragraph 75-40 or a provision of the subdivision regulations contained in Chapter 60, this section 75-57 shall control.
[The following conflicts exist (there may be others). Reviewers of this amendment may wish to evaluate if preempting these existing regulations is what is intended:
This statement appears to eliminate the need for a site plan approval. Under current zoning law (§75-40C), a site plan review is required only "for all uses designated as requiring site plan approval in Article III, Use Regulations." Article III, in turn, refers to the Schedule of Permitted Uses. The LCPD does not appear as a column in that schedule and no revision to that schedule is proposed here, so it contains no designated uses for an LCPD. As a result, the uses proposed in §75-57(E), some of which would, in the underlying Residence A zone, require Special Use Permits or Use Variances, become 'permitted by right' uses within the LCPD. 'Permitted by right' uses do not require a site plan approval. Based on statements made elsewhere in this zoning amendment, it is clear that bypassing of site plan approval within an LCPD was not intended, so it would be prudent to clarify the requirement for such approval, either here or via a concurrent rewording of §75-40C.
Under current zoning law, for a subdivision to be considered Minor , it must "not involve... any new street or road", however §75-57(K)2 of this amendment allows a one-time two-part subdivision of the LCPD to be treated as Minor, even though both parts contain substantial interior roadways. Does this provide for the desired level of scrutiny of those roadways?]
1. An application for site plan approval of either an entire site plan or a phase thereof shall be submitted within two years of the Town Board’s grant of Master Plan Development approval. Failure to submit such application within that period shall provide the Town Board with the ability to render the Master Plan Development approval null and void and of no force or effect with all fees forfeited.
2. Construction work on the Lakes Conservation Planned Development shall commence within three years of the date of any final site plan approval, including the satisfaction of any conditions stipulated in the site plan approval and the receipt of all other required permits and approvals from involved agencies. If construction does not commence within said period, then the Town Board shall have the right to declare the Master Plan Development Approval to become null and void and all rights shall cease with all fees forfeited.
3. Individually approved phases of the Master Development Plan shall be substantially completed, defined as 75% complete, within five years of commencement of construction of such phase, as determined by the Code Enforcement Officer. If the phase is not substantially completed within said timeframe, and failure to substantially complete such phase negatively impacts future phases, then construction of any new phase may be prohibited by the Town Board until the required substantial completion of such phase occurs.
4. Upon written request by the applicant, any of the time limits prescribed above may be extended by the Town Board for good cause. Among the examples of good cause are delays occasioned by lawsuits, poor market conditions, unforeseen site conditions and force majeur. The Town Board shall not withhold such extension unless it finds that the applicant is not proceeding with due diligence or is otherwise violating the conditions upon which the approvals were granted. Extensions shall not exceed three years unless the applicant submits a request for further extensions.
5. Within the time limits prescribed above, and for any extension period granted by the Town Board, the Master Development Plan and the Lakes Conservation Planned Development shall be deemed to have obtained vested rights for purposes of completing the approved development notwithstanding any subsequent changes in zoning. Nor shall anything herein be deemed to abrogate the applicant’s right to acquire common law vested rights based on its substantial “in-ground” investment in the development project.
If any word, phrase, sentence, part, section, subsection, or other portion of this Law or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this Law, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect.
This law shall become effective upon filing with the New York State Secretary of State.
[Authority was already covered in Section 2. If more detail is needed, suggest it be included there, eliminating this duplicate section on the same subject.] This local law is enacted pursuant to the Municipal Home Rule Law. This local law shall supersede the provisions of the Town Law to the extent it is inconsistent with the same, [This statement allows this amendment to trump ANY part of existing Town Code. Without a thorough review of the entire Town Code to identify possible points of conflict, the impact of this statement on the Town cannot be determined. It would seem better to identify points of conflict in advance and address them specifically, if necessary, within this amendment.] and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law, or any other applicable statute.
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Last updated 10 Sep 2013.