The following regulations and the accompanying
Schedules of Use Regulations and Schedules of Dimensional Regulations[1] list and define the permitted uses of land, buildings
and structures and the minimum and maximum dimensional requirements
to be met in connection with such uses for the districts established
by this chapter.
[1]
Editor's Note: The Schedules of Use Regulations
and Schedules of Dimensional Regulations are included as attachments
to this chapter.
[Amended 9-9-2002 by L.L. No. 13-2002]
In an RMF District, all multifamily uses shall be subject to site plan approval in accordance with Article IX of this chapter and the following special requirements:
A.
Net lot area. In the RMF districts, the calculation
of the maximum permitted number of dwelling units, floor area ratio
(FAR), and lot coverage shall be based upon net lot area.
B.
Existing undersized lots. Section 240-18F, Existing undersized lots, does not apply to Multifamily Residence Districts.
C.
Water and sewerage facilities.
(1)
Where, in the opinion of the Planning Board, connections
to existing facilities are possible and warranted, sanitary sewers
and/or water mains shall be connected to such existing facilities
in the manner prescribed by regulation of the appropriate sewer, water,
fire district or other agency having jurisdiction.
(2)
Where connection to existing off-site water or sewerage
facilities is not possible or not warranted, a central water supply
and sewage treatment system shall be designed and constructed to serve
all dwelling units in accordance with the standards and subject to
the approval of the Dutchess County Department of Health and the appropriate
state and federal agencies.
(3)
Where future service by off-site water and/or sewage
systems is planned, all on-site water and sewer facilities shall be
designed and located in such a way as to readily permit their connection
and/or conversion to the off-site system at such time as they are
constructed.
D.
Open space and recreation area. At least 50% of the
gross area of the site shall be preserved as permanent open space,
free of buildings and parking areas and shall be landscaped or left
in its natural state in accordance with plans approved by the Planning
Board. Within such common open space areas, a total of not less than
300 square feet per dwelling unit shall be improved with common recreational
facilities, such as swimming pools, tennis, basketball, volleyball
and shuffleboard courts, playground equipment, etc., for the use of
the residents of the premises and their guests, which facilities shall
not be operated for profit.
A.
Intent. The Planned Unit Development (PUD) District
is hereby established to provide balanced neighborhoods offering a
wide range of land use activities, individual employment opportunities,
shopping facilities, housing in various forms and recreational facilities.
It offers increased opportunities for flexible land use and design
regulations designed to satisfy Wappinger's residential and nonresidential
needs, at a pace and balance commensurate with the general rate of
Town growth and in a manner consistent with the environmental capabilities
of individual sites to support such residential and nonresidential
uses, all in furtherance of the basic policies and objectives as set
forth in the adopted Town Comprehensive Plan.
B.
Objectives. The establishment of a Planned Unit Development
District will be to further encourage the following objectives:
(1)
The establishment of areas in which diverse uses may
be brought together as a part of a compatible and unified plan of
development which shall be in the interest of the general welfare
of the Town;
(2)
An environment of stable character in harmony with
surrounding development and a more desirable environment than would
be possible through the strict application of other sections of this
chapter.
(3)
A creative approach to the use of land and related
physical development; especially of large tracts close to growth centers
and major transportation corridors in the Town;
(4)
A maximum choice in the types of environment and living
accommodations available to the public at all economic levels;
(5)
The more efficient use of those public facilities
required in connection with new development;
(6)
An efficient, aesthetic and desirable use of open
space, the provision of permanent open space networks throughout the
Town.
(7)
Special consideration of property with unique features,
including but not limited to historical significance, unusual topography,
landscape amenities, size and shape;
(8)
A pattern of development which preserves trees, outstanding
topography and geological features and prevents soil erosion.
C.
Eligibility requirements.
(1)
Minimum area. The minimum area requirement to qualify
for a Planned Unit Development District shall be 75 contiguous acres
of land, except that where the applicant can demonstrate that the
characteristics of his holdings will meet the objectives of this article,
the Town Board may consider projects with less acreage.
(2)
Ownership. The land proposed for a planned unit development
may be owned by one or more persons or corporations, but shall be
combined into a single contiguous parcel of land at or prior to the
time of application to the Town Board. The applications shall be jointly
submitted by all owners and, if approved, shall be jointly binding
on all of them.
(3)
Location and access. Planned Unit Development Districts
shall be permitted only in areas presently containing a combination
of residential and nonresidential zoning districts or planned for
a combination of such uses in accordance with the Town Comprehensive
Plan. Planned unit developments shall also have frontage on and access
to an existing or proposed major road, as shown on the Town Comprehensive
Plan.
D.
Density or intensity of land use. The appropriate density or intensity of land use to be permitted in each Planned Unit Development District and in any section thereof shall be determined in each individual case by the Town Board and specified on the approved General Land Use and Development Plan for the PUD as set forth in § 240-39H. Such determination of land use intensity and of density shall be based upon the recommendation of the Town Planning Board as provided in § 240-39H(3) and upon a thorough documentation of the nature and potential site and community impact of the proposed development as required to be submitted by the applicant in accordance with the provisions of § 240-39H(l). It is further intended that the permitted maximum intensity of nonresidential uses not exceed that which could be permitted in the corresponding conventional zoning use districts and that the maximum gross residential density for the residential or residentially related portion of any planned unit development not exceed that which could be permitted in an R-20 District.
[Amended 9-9-2002 by L.L. No. 13-2002]
E.
Common property in the planned unit development. Common
property in the planned unit development is a parcel or parcels of
land together with the improvements thereon, the use and enjoyment
of which is shared by the owners and occupants of the individual building
sites. When there is to be private ownership of such common property,
legal arrangements satisfactory to the Town Attorney must be made
for the improvements, operation and maintenance of such common property
and facilities, including private streets, drives, service and parking
areas and recreational and open space areas.
F.
Off-street parking and loading requirements. The minimum off-street parking and loading requirements for any uses or structures in a Planned Unit Development District shall be the same as those stipulated for such uses or structures in Article X of this chapter.
G.
Additional site development standards. In addition
to the standards set forth in this section, the applicant shall also
comply with the appropriate design, site development plan and performance
standards of this chapter and of the Subdivision Regulations.[1] Where a conflict between this section and any of the above
exists, the former shall govern.
H.
Application procedure. The application procedure for
approval of a planned unit development shall involve the following:
submission of rezoning application, if required, and a proposed General
Land Use and Development Plan and program to the Town Board; Planning
Board review and report to the Town Board on the appropriateness of
the proposal in the context of the Town Comprehensive Plan, the Official
Map and this chapter; public hearing by the Town Board and action
to approve, approve with modifications or disapprove the establishment
of the PUD District and the General Land Use and Development Plan
and if the district is established; Planning Board public hearing
and decision on the subdivision of land, if any; and Planning Board,
Town Engineer, Zoning Administrator, Superintendent of Highways and
Town Attorney administrative review of the site plan and related documents
and agreements for each section of the planned unit development.
(1)
Application requirements. The following information
shall accompany an application for the establishment of a Planned
Unit Development District:
(a)
A proposed General Land Use and Development
Plan at a scale of not less than one inch equals 200 feet indicating
the following:
[1]
Terrain conditions on the property, to include
topographic data with a maximum contour interval of five feet, an
indication of generalized soil types and the location of existing
watercourses, wetlands, wooded areas, major rock outcroppings and
other significant existing features.
[2]
A written statement describing the type and
intensity of uses proposed within the Planned Unit Development District
and the number of acres devoted to each.
[3]
A written statement describing the nature of
the proposed planned unit development and how it will serve to implement
the intent and purposes for such developments, as set forth in this
chapter.
[4]
The proposed spatial arrangement of land uses,
including the location, nature and general extent of areas to be developed
into residential dwelling units, by type; nonresidential uses, by
type; public, community and/or recreational facilities; utility service
and maintenance facilities; and areas to be preserved as natural open
space including an open space system consistent with the Town Comprehensive
Plan.
[5]
A map showing the location of the Planned Unit
Development District within the general area.
[6]
The general configuration of streets, roadways
and right-of-way planned to serve the planned unit development.
[7]
A numerical analysis of the development proposal including the total number of dwelling units proposed for inclusion within the development and the proposed breakdown of these units according to size and type, the total amount of floor area to be devoted to each type of nonresidential use, the approximate extent of building and paved area coverage in each section, and an analysis of the development proposal in relation to the maximum permitted number of dwelling units as set forth in § 240-39D, Density or intensity of land use.
[Amended 9-9-2002 by L.L. No. 13-2002]
[8]
A statement of the proposed method of ownership
and maintenance of the land and facilities within the planned unit
development.
[9]
A generalized time schedule and phasing plan
for the staging and completion of the planned unit development, including
utilities and facilities.
[10]
An environmental impact statement
analyzing the capabilities of the proposed development and the estimated
impact which said development is anticipated to have upon the surrounding
area and the community as a whole. Such a statement shall include
an analysis of traffic flow impact, off-site drainage, water supply
and sewage disposal, erosion and sedimentation and open space resources.
[11]
Such other additional information
as deemed necessary by the Town Board or the Planning Board to properly
study and evaluate the application.
(b)
Application and review fees for the proposed
planned unit development shall be required in accordance with the
current fee schedule.
(2)
Referrals. Upon receipt of a complete application
for the establishment of a Planned Unit Development District, the
Town Board shall refer such application and accompanying material
to the Planning Board, to the Town Engineer and to such other boards,
agencies or officials as the Town Board may determine appropriate
for review and recommendation.
(3)
Planning Board review.
(a)
Based upon the requirements of this chapter
and the policies and objectives set forth in the adopted Town Comprehensive
Plan, the Planning Board shall review each application referred to
it under the provisions of this section for the purpose of determining
the appropriateness of the proposed site for the intended use and,
in the case of a favorable determination, the density of development
for which such site is suitable. In addition to the requirements of
this chapter and the Town Comprehensive Plan, such density recommendation
shall be based upon a careful consideration and evaluation of the
environmental characteristics of the particular site and its relationship
to surrounding properties and uses.
(b)
Within 60 days from the date of referral of
a completed application from the Town Board, the Planning Board shall
submit a written report to the Town Board setting forth its findings
and recommendations.
(4)
Public hearing. Following receipt of the Planning
Board report and recommendation, the Town Board may schedule a public
hearing regarding the proposed application with the same notice as
required by law for a zoning amendment.
(5)
Town Board action.
(a)
Following the public hearing, the Town Board
may act to approve, approve with modifications or disapprove the proposed
Planned Unit Development District application. Any decision to approve
an application, with or without modification, and to establish a Planned
Unit Development District shall be subject to the same publication
requirements as a zoning amendment and a copy thereof forwarded to
the Town Clerk who shall make appropriate modifications to the official
Town Zoning Map and notations with respect to any special conditions
established with respect thereto.
(b)
The Town Board shall not take favorable action
on any Planned Unit Development District application unless it determines
that the proposed General Land Use and Development Plan complies with
all requirements of this chapter and with the policies and objectives
of the adopted Town Comprehensive Plan. In making its determination,
the Town Board shall consider both the staging and the ultimate magnitude
of such development.
(6)
Approval of subdivision plats. Applications for the
approval of any subdivision plats shall be submitted to the Planning
Board and processed by said Board in accordance with all the procedures
and requirements specified in the Town's Land Subdivision Regulations.[2]
(7)
Approval of site development plans. No earthwork, land clearing or construction of any kind shall take place within the limits of a planned unit development until a site development plan for such development or the appropriate section thereof has been reviewed and approved all in accordance with the approved General Land Use and Development Plan and the procedures outlined in Article IX of this chapter and supplemented as follows:
(a)
Submission of application. After Town Board
action approving the zoning change, applications for site plan and
subdivision approval shall be submitted in eight copies to the Zoning
Administrator, with the initial application accompanied by eight copies
of the approved General Land Use and Development Plan, and shall include
the following information:
[1]
A proposed site development plan map drawn at
a scale of no less than one inch equals 100 feet and indicating the
following:
[a]
Title of the development, date,
revision dates, if any, North point, scale, name and address of the
applicant and of the architect, engineer, landscape architect and/or
surveyor preparing the site development plan.
[b]
Detailed description of existing
terrain conditions on the property, to include topographic data at
a maximum contour interval of two feet with a datum approved by the
Town Engineer; designation of specific soil types; the location of
all existing watercourses and intermittent streams; the location and
extent of existing wooded and wetland areas and specifications of
the type of vegetation prevailing therein; the location of existing
stone walls, rock outcrops, wooded area and major trees (eight inches
or more in diameter) outside of wooded areas which are to remain undisturbed.
[c]
The location and dimensions (length,
width, ground floor elevation and height) of all existing and proposed
main and accessory buildings, with the use for each indicated.
[d]
The location, width and finished
pavement grades of all existing and proposed public and private roads.
[e]
The location, layout, finished
pavement grades and surface treatment proposed for parking and loading
areas and ingress and egress drives.
[f]
The location, size and proposed
screening of any refuse storage or other outdoor storage areas.
[g]
The location and size of all proposed
water supply, sanitary sewerage, storm drainage and other utility
facilities, including connections to any existing facilities.
[h]
Locations, design and construction
plans for proposed sidewalks and steps, drainage structures, retaining
walls, etc.
[i]
Landscaping plan, to include type,
size and location of materials to be used.
[j]
Proposed type, location and design
of exterior lighting system.
[k]
Proposed location, type, size,
color and illumination of all signs.
[l]
Proposed open space network and
pedestrian circulation.
[2]
Architectural plans and specifications of representative
buildings and structures, including general exterior elevations, perspective
drawings and, in the case of residential buildings, typical floor
plans indicating the number of bedrooms and the use of all other rooms
within each dwelling unit.
[3]
Calculation of expected storm drain loads to
be accommodated by the proposed drainage system for a one-hundred-year
frequency storm.
[4]
Estimate of earthwork, showing the quantity
of any material to be imported to and/or removed from the site.
[5]
Description of measures planned to assure proper
erosion and sedimentation control during construction.
[6]
A statement from the applicant's engineer indicating
the estimated cost of constructing all new roads and sidewalks and
of the water supply sanitary sewerage.
[7]
Proof of approval by the State Department of
Transportation, County Highway Department or the Town of Wappinger
Superintendent of Highways, as appropriate, of the design and proposed
construction of any intersection of a new road with an existing state,
county or Town highway and of any proposed connections to existing
drainage facilities along such highways.
[8]
Copies of legal covenants and agreements restricting
the use of recreation and open space area to such purposes and of
documents establishing future ownership and maintenance responsibilities
for all private road, recreation and open space areas.
[9]
Any other legal agreements, documents or information
required to implement the purposes and intent of the planned unit
development as approved by the Town Board.
[10]
An application fee in an amount
and as normally determined by the Planning Board in site plan review.
[11]
Construction and maintenance bonds
as normally required in subdivision.
(b)
Referral and review.
[1]
Referral to Planning Board, Town Engineer, Superintendent
of Highways and Town Attorney. Upon receipt of a site development
plan application, the Zoning Administrator shall refer two copies
to the Planning Board, one copy to the Town Engineer, one copy to
the Town Planner, one copy to the Town Attorney and one copy to the
Superintendent of Highways where a private road to be constructed
as a part of the site development will intersect with an existing
Town road, all for review and report.
[2]
Review by the Planning Board, Town Engineer
and Superintendent of Highways shall be for the purpose of determining
that such development will be in accordance with the approved General
Land Use and Development Plan, any other requirements and conditions
established by the Town Board pursuant to the establishment of the
Planned Unit Development District; that it complies with all other
applicable standards and requirements of this chapter; that all facilities
and improvements necessary to the construction of the development
will be properly provided; that proposed intersections of private
roads with existing Town roads are located and designed so as to permit
safe traffic movements through the intersections; and the existing
Town roads within or directly abutting the planned unit development
are or will be suitably improved so as to be capable to safely accommodate
the increased traffic generated by the development. Review by the
Town Attorney shall be for the purpose of determining the adequacy
of all covenants, agreements, documents and other legal information
required in connection with the maintenance and operation of all commonly
owned facilities and areas within the planned unit development.
[3]
Reports from the Town Engineer, Town Planner,
Superintendent of Highways and Town Attorney shall be submitted to
the Planning Board within 30 days.
(c)
Action by Planning Board. The Planning Board shall review the application for site plan approval in accordance with the requirements of Article IX. A permit authorizing earthwork, land clearing or construction of any kind shall be issued only for work which will be done in accordance with the approved site development plan and no certificate of occupancy shall be issued for any development which has not been constructed in accordance with said plan.
(d)
Inspection fee. As a condition of site development
plan approval, an inspection fee in an amount determined necessary
by the Town Engineer, but not in excess of 7% of the estimated cost
of constructing all private roads, sidewalks and water supply, sewerage
and storm drainage systems shall be paid to the Town of Wappinger.
Such fee shall be used to cover costs incurred by the Town in conducting
inspections of such construction as it progresses and any unused portion
shall be returned to the applicant.
(e)
Special conditions. If, during the course of
construction, any conditions such as flood areas, underground water,
springs, intermittent streams, humus beds, unsuitable slopes, soft
and silty areas or other unusual circumstances are encountered which
were not foreseen in the original planning, such conditions shall
be reported to the Planning Board and the Town Engineer together with
the developer's recommendations as to the special treatment required
to secure adequate and permanent construction. The Planning Board
shall investigate the condition or conditions and either approve the
developer's recommendations to correct the same, order a modification
thereof or issue its own specifications for correction of the condition
or conditions. Unusual circumstances or detrimental conditions observed
by the Town Engineer or Zoning Administrator shall be similarly treated.
(f)
Staging. If the applicant intends to stage its development and has so indicated in accordance with § 240-39H(1)(a)[9], then it may submit for site plan approval only those stages ready for development in accordance with the staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged and a staging plan must be developed. At no point in the development of a planned unit development shall the ratio of nonresidential to residential acreage or dwelling unit ratios between the several different housing types for that portion of the planned unit development completed and/or under construction differ from that of the planned unit development as a whole by more than 20%, unless so approved by the Town Board.
(g)
Amendments. The Town Board, after referral to the Planning Board and recommendation therefrom pursuant to § 240-39H(3) and a public hearing with the same notice as required for the original hearing, may consider and act upon an application to amend the design concept shown on the general land use and development or upon an application to change or enlarge the limits of such development to include contiguous acreage subsequently acquired by the applicant. However, no public hearing shall be required where a proposed change or enlargement does not result in any significant modification to the design concept shown on the approved General Land Use and Development Plan or where less than a five-percent change in the number of initially approved dwelling units is involved, provided that all density and other requirements of this chapter are complied with.
(h)
Expiration of approval. Town Board approval
or approval with modification of an application for a planned unit
development shall expire unless otherwise extended, if site plan approval
has not been obtained and construction work on the development is
not begun within two years of the date of approval, is not completed
within 10 years of the date of approval or is not prosecuted with
reasonable diligence in such a way to assure its completion within
the permitted time period and according to the approved time schedule.
(i)
Financial responsibility. No building permits
shall be issued for construction within a Planned Unit Development
District until improvements are installed or a performance bond posted
in accordance with the same procedures as provided for in § 277
of the Town Law relating to subdivision.
