A.
Purposes and types of planned unit developments (PUD). The Town hereby
establishes three types of planned unit developments (PUDs) which
are floating zones, and which may be established through application
to the Town Board. The Town Board, in its discretion, may approve
a zone petition for a Planned Industrial Development (PID) District,
a Planned Resort and Recreation Development (PRRD) District, or a
Planned Senior Development (PSD) District. The Town Board shall find
that the districts shall result in one or more of the following benefits
to the Town:
(1)
For a PSD, offer choices in types of housing, lot sizes and community
facilities available to senior residents.
(2)
Create usable open space and recreation areas and preserving natural
areas.
(3)
Conveniently locating businesses and services with respect to neighborhoods.
(4)
Promoting economic development and encouraging commerce and industry
in well-designed planned business park type environs where sufficient
landscaping and buffering shall allow uses within the PUD to be compatible
with each other, and with adjoining uses.
(5)
Providing for the efficient use of land and the placement of utilities
and streets in ways that lower development costs and impacts.
(6)
Implementing the Town of Wawarsing Comprehensive Plan.
(7)
Encouraging innovation not possible under strict application of subdivision
and zoning regulations.
B.
Procedures. The Town Board, in its discretion, may establish planned
unit development districts in the following manner:
(1)
An applicant shall submit a zone petition and application to the
Town of Wawarsing Town Board to establish a PID, PRRD or PSD District.
The application shall be in writing and include a concept plan drawn
to scale. The application and concept plan shall include the following
information:
(a)
The location and types of the various uses and their areas in
acres.
(b)
Calculation of proposed maximum density, number of units, or
gross floor area, for each category of uses.
(c)
A depiction of the proposed interior road and driveway system
and proposed design of same.
(d)
Location, area and proposed ownership and use of open space.
(e)
Description and concept plan for the provision of sewer service,
water supply, stormwater management and other required utilities.
(f)
Uses and ownership of abutting lands.
(g)
A proposed phasing plan.
(h)
A SEQRA analysis for the proposed district and concept plan.
Where the PUD is determined to be a Type I action as per the regulations
implementing SEQRA, it is presumed that an environmental impact statement
may be required to be prepared.
(i)
Evidence the proposal is compatible with the goals of the Town
of Wawarsing Comprehensive Plan and this chapter.
(j)
Any other analyses, data or plans that the Town Board determines
is necessary to assess the merits of the zone petition.
(2)
The Town Board shall forward the zone petition application and concept
plan to the Planning Board for review. The Planning Board shall review
the concept plan and related documents and render a report to the
Town Board regarding the concept plan including any proposed revisions.
An unfavorable report shall state clearly the reasons thereof and,
if appropriate, advise the applicant what revisions would be required
for the Planning Board to render a favorable report. A favorable report
shall include any recommendations for changes or conditions with respect
to the proposed concept plan. The Planning Board shall issue its report
within 62 days of receipt of a complete concept plan and application,
except that the time frame for issuing a report may be extended upon
consent of the Town Board. The Town Board shall continue its review
upon receipt of a report, or after any time frame for said report
has expired.
(3)
The Town Board shall make such other referrals necessary including
review by the Ulster County Planning Board and as may be necessary
pursuant to the regulations implementing the New York State Environmental
Quality Review Act.
(4)
Prior to acting on the zone petition and concept plan, the Town Board
shall hold a public hearing in accordance with the notice requirements
and other procedures for the adoption of a zoning amendment.
(5)
Mitigation measures and conditions may be imposed by the Town Board
as part of any PUD zoning amendment.
(6)
Plan approval.
(a)
The Town Board shall proceed to review the zone petition in accordance with the § 264 of New York State Town Law and Article XIII of this chapter shall conduct a hearing within 62 days of the meeting at which the Planning Board's report and/or application is received, or within 62 days after said time frame for Planning Board review has expired. No decision shall be made until the Town Board has issued a negative declaration, or adopted a findings statement, in accordance with the regulations implementing SEQRA. The Town Board, in its discretion, may approve the plan if it meets the benefits set forth above, and where it finds that:
[1]
The proposed uses will not be detrimental to present and potential
uses in the area surrounding the proposed district.
[2]
Existing and future highways are suitable and adequate to carry
anticipated traffic associated with the proposed district.
[3]
Existing and future utilities are or will be adequate for the
proposed development.
[4]
The concept plan complies with the requirements of this chapter
and is consistent with the Town of Wawarsing Comprehensive Plan.
[5]
The concept plan will not have a significant adverse impact
on the Town's natural resources including the quantity and quality
of groundwater and any aquifer systems.
[6]
The Town Board shall consider the scale of the proposed buildings
associated with the uses, their potential impact on community services,
environmental resources, the visual environment and community character,
and may limit the size of any buildings associated with a planned
unit development.
(b)
If a site plan or subdivision plan is not submitted to the Planning
Board as required herein within one year of receiving a PUD zone change,
the lands on which the PUD was granted shall automatically revert
back to the zoning district prior to the PUD zone change.
(c)
Should the Town Board approve the proposed amendment creating
a planned unit development district, it may attach conditions to such
approval. If the planned unit development district has been approved
by the Town Board and it has received site plan and/or subdivision
approval from the Planning Board and is not substantially developed
in accordance with the approved concept plan within five years of
the effective date of the zone change, and provided that it shall
then appear that rights vested in persons acting in good faith in
reliance on such zoning classification will not be prejudiced thereby,
the Town Board, upon resolution and no earlier than 62 days following
written notice to the applicant and general publication in a newspaper
of general circulation, may revoke the zone change, and the property
shall revert back to the zoning district prior to the zone change.
(7)
Upon adoption of the planned unit development by the Town Board, the applicant shall submit a site plan and/or subdivision plan to the Planning Board for all or a phase of the development, in accordance with the phasing plan approved by the Town Board. Said plans shall include all data required as per Chapter 95, Subdivision of Land, and the special use and site plan review requirements set forth in this chapter. The Planning Board shall review and render a decision on any subdivision plan, site plan, and or special use permit in accordance with the standards regulating same. The Planning Board, upon receipt of an application, shall forward same to the Town Board for its review. The Town Board, as set forth in Subsection B(8) below, may comment on the consistency of the plan with the approved PUD, any conditions thereto, or the concept plan.
(8)
Any plans submitted to the Planning Board shall conform substantially
to the concept plan approved by the Town Board and any conditions
established as part of the approval of the PUD. The Town Board or
the Planning Board may require that any application not substantially
in conformance with the concept plan and PUD approval be referred
back to the Town Board for review, and if required, approval of the
Town Board. The Town Board may rescind the PUD zoning for any application
which is not substantially compliant with the concept plan, unless
the revised concept plan is approved by the Town Board upon further
review in accordance with this section.
(9)
No building permits shall be issued for construction within a PUD
until all required improvements are installed or financial guarantees
are posted in accordance with the procedures provided by the Town
subdivision regulations and this chapter.
A.
PID Planned Industrial Development (PID) Districts. The purpose of
the Planning Industrial District is to allow two or more industrial
uses within a planned industrial park, served by an internal road
or common driveway served by centralized sewer or water service and
attractively landscaped and screened from view from significant vantage
points in the Town.
(1)
Location. The property shall be located within the BH District or
within the RU District, provided no less than 50% of the property
is within 1,300 feet of the center line of U.S. Route 209.
(2)
Minimum site requirements. The property shall be no less than 10
contiguous acres of land and shall have no less than 200 feet of direct
frontage on U.S. Route 209 and direct vehicular access thereto.
(3)
Maximum lot coverage and land disturbance. The total lot coverage
for the entire property shall not exceed 40%, and land disturbance
on the entire property shall not exceed 50%. Individual lots created
within a PID shall be limited to a maximum lot coverage of 50% and
a maximum land disturbance of 60%. The concept plan shall show the
proposed locations for buildings, and the Town Board shall establish
the yard requirements for the PID.
(4)
Outdoor storage. The outdoor storage of goods or materials, open-sided
covered structures, truck loading and unloading areas and all equipment,
electrical substations, and mechanical devices shall be shielded from
view from any public highway and any adjoining property that has an
existing dwelling. The Town Board may require that goods and materials
be stored indoors to minimize noise and visual impacts.
(5)
Utilities. All electric, telephone, telecommunications, and other
service lines shall be underground.
(6)
Performance standards. No land or structure in a PID District shall
be used, occupied or operated in any manner that creates dangerous,
injurious, noxious or otherwise objectionable conditions that may
affect other properties. All uses shall comply fully with performance
standards of this chapter including but not limited to noise, lighting,
odors, vibrations, smoke and related matters. A management plan and
covenants and restrictions for the PID shall be submitted to ensure
long-term maintenance and operation of properties and improvements
and shall be submitted for review and approval by the Town Board at
the time the PID District is proposed.
(7)
Parking. On-street parking on public highways or access roads within
the PID District shall not be permitted. No parking lot where trucks
will be parked shall be constructed within 250 feet of any existing
conforming dwelling, and all other vehicular parking shall be set
back no less than 100 feet from any existing dwelling, where any such
dwelling is a conforming use in the district in which it is located.
(8)
Landscape and design requirements. Landscape and facade design requirements
to be incorporated in project covenants and restrictions shall be
developed and submitted for approval. A landscaped planting screen
of no less than 75 feet in width shall be required along the border
of the PID District with any adjoining property and any public road.
Such buffer area shall be in place prior to the issuance of a certificate
of occupancy and substantially screen proposed buildings in the PID
from view within five years of planting. Existing trees and vegetation
shall be maintained wherever possible in such buffer areas and supplemented
with additional vegetation as may be necessary to accomplish screening
objectives. All buildings, structures and land disturbances shall
be set back a minimum of 100 feet from the exterior property lines,
which distance may be increased by the Town Board as may be necessary
to protect adjoining properties and preserve neighborhood character
when rezoning land to a PID.
(9)
Minimum lot area. Individual lots within a PID District shall be
a minimum of three acres in size. This shall not apply, however, to
lots used for the purpose of locating utility structures.
(10)
Building heights. Structures within PID Districts shall not
exceed a height of 45 feet, or two stories plus mezzanine, except
for unoccupied areas used for mechanicals, elevators, antennas and
industrial processes, which shall be limited to a maximum of 55 feet.
Structures over 35 feet in height shall require evidence from the
local fire district that equipment exists to serve adequately the
fire protection requirements related to the structure.
(11)
PID uses. The Town Board shall approve the allowable uses in
a PID, which are limited to the following: business and professional
offices, electronic data processing and back office operations, packaging
of retail goods, plastic product injection molding, printing facilities,
research and development facilities, light metal fabrication and other
light manufacturing, warehouse and distribution facilities, agribusiness
uses and other commercial economic development uses acceptable to
the Town Board as shall be established by the Town Board in adopting
the PID District. The Town Board may limit the gross floor area associated
with warehousing and distribution which is accessory to any use allowed
herein.
(12)
Prohibited uses. Fuel distribution or processing operations,
junkyards, recycling facilities, salvage operations, solid waste disposal
facilities, mini storage facilities (mini warehouses), mining and
other natural resource processing, including sawmills and storage
yards for forest products and stone, and other uses otherwise prohibited
by the Code of the Town of Wawarsing.
(13)
Other zoning regulations. With the exception of lot area requirements,
which may be waived or modified by the Town Board, the PID District
shall comply with all other provisions of this chapter.
(14)
Ownership. The land proposed for a PID District may be owned,
leased or controlled either by an individual, corporation or by a
group of individuals or corporations. PID District applications shall
be filed by the owner or jointly by all owners of the property included
in the application. In the case of multiple ownership, the approved
plan shall be binding on all owners.
B.
PSD Planned Senior Development Districts.
(1)
Location. A PSD District may be permitted within any existing RMH,
MU or BH Zoning District. Such a district shall be permitted in the
RU District where the property maintains 200 feet of frontage on a
state road.
(2)
Minimum site area. A PSD District shall comprise at least 10 gross
acres of land.
(3)
Permitted uses. A PSD District shall be limited to senior care developments
as defined in this chapter.
(4)
Maximum density. The maximum density shall be as follows, and there
shall be no more than 200 dwelling units, beds or combination thereof,
as part of any PSD District:
(a)
Single-family dwellings: one dwelling unit per one acre of lot
area.
(b)
Two-family dwellings: one dwelling unit per one acre of lot
area.
(c)
Single-family attached (townhomes): one dwelling unit per 20,000
square feet of lot area.
(d)
Multifamily development: one dwelling unit per 10,000 square
feet of lot area.
(e)
Assistive living dwelling unit: one dwelling unit per 5,000
square feet of lot area.
(f)
Nursing homes and facilities with beds: one bed per 2,500 square
feet of lot area.
(5)
Open space. No less than 50% of the gross acreage of the site shall
be preserved as open space. A golf course can serve as open space,
provided it meets the special use requirements set forth in this chapter.
All areas of the site shall be amply landscaped by preserving existing
vegetation, or by installing a combination of decorative and native
plant materials. A landscaping plan shall be submitted and approved.
(6)
Utilities. PSD District shall be served by central water and sewerage
systems. All water, sewer and gas lines (where available) and all
other lines providing power and communication service shall be installed
underground.
(7)
Building heights. Structures within a PSD shall not exceed a height
of 35 feet, or 2.5 stories; however, assisted living facility, nursing
homes, and multifamily developments can be three stories. The Planning
Board shall consult with the fire district and other emergency service
providers to determine if same can handle adequately any emergency
and the building is designed with adequate fire and emergency access.
(8)
The Town Board shall establish the required yard and minimum lot
areas based upon review and approval of the concept plan.
(9)
The buildings and structures shall be compatible with the rural character
exhibited within the surrounding environs, the character of the community
and the natural surroundings. The Planning Board shall review and
approve the architectural style of the buildings and structures, taking
into consideration the objectives set forth herein. Floor plans and
elevations shall be submitted for review.
(10)
The applicant shall demonstrate that adequate emergency service
facilities are provided for the proposed use. The applicant shall
prepare a safety management plan that demonstrates that adequate emergency
access is provided to the site. Police, fire, ambulance and other
agencies that are required to service the proposed development shall
be provided with a copy of the application for review and comment,
and the Town Board shall take said comments into consideration in
its deliberations.
(11)
In order to minimize visual and noise impacts on adjoining parcels,
no building, parking area or road shall be permitted within 100 feet
of any property line. A combination of fencing, natural, undisturbed
areas, supplemental plantings or landscaping shall be provided to
create a separation between surrounding existing and prospective uses
and the proposed development.
(12)
The number of off-street parking spaces required to serve the
development shall be calculated utilizing the applicable parking generation
rates set forth in the most recent edition of the Institute of Traffic
Engineers' publication, "Parking Generation." Parking areas shall
be broken up and amply landscaped to avoid the appearance of significant
expanses of impervious surfaces.
(13)
On-site lighting shall be designed and installed in a manner
that minimizes visual impacts to the night sky. A lighting plan depicting
the level and intensity of illumination within the site and at the
property boundary shall be submitted to the Planning Board as part
of the site plan. Decorative lighting fixtures appropriate to a rural
and rustic setting shall be incorporated into the overall design of
the development.
(14)
Ownership. The land proposed for a PSD District may be owned,
leased or controlled either by an individual, corporation or by a
group of individuals or corporations. PSD District applications shall
be filed by the owner or jointly by all owners of the property included
in the application. In the case of multiple ownership, the approved
plan shall be binding on all owners.
(15)
Organization. A PSD District may be organized as a condominium,
a cooperative, a leasehold or held in individual or corporate ownership.
If a homeowners' association (HOA) or similar organization is to be
established, such entity shall be organized as provided for conservation
subdivisions.
A.
Purpose and zoning objectives.
(1)
Purpose. It is the purpose of this Planned Resort Recreation District
(PRRD) to allow the creation of planned and integrated resort developments.
The Town of Wawarsing Comprehensive Plan recognizes the importance
of maintaining and revitalizing major existing and historical resort
facilities in the Town. The PRRD encourages primarily the redevelopment
of existing or former resort properties in order to support economic
development in the form of property taxes and employment in the Town
of Wawarsing.
(2)
Zoning objectives. The objectives of this PRRD are as follows:
(a)
Innovation and variety in the type and design of commercial
resort development and the establishment of new structures as well
as the renovation of existing structures;
(b)
Provide adequate utilities and infrastructure including accessways,
stormwater management facilities, water distribution and sewage collection
facilities;
(c)
Preservation of significant natural resources, such as wetlands
and water bodies, and other areas of scenic and ecological value,
as well as preexisting open space areas and recreational amenities;
(d)
Preservation of property values and long-standing land uses
consistent with community character and adjoining or nearby uses;
(e)
Significant enhancement of tourism activity and related support
services;
(f)
Creation of diverse employment opportunities for residents in
the Town and Ulster County; and
(g)
Inducement of private investment in the Town, county and region,
including reinvestment in existing businesses, and the attraction
of new seasonal and year-round businesses.
C.
Resort uses.
(1)
Uses. The use allowed in the PRRD shall be a resort as defined in
this chapter. The following uses shall be allowed in connection with
a resort:
(a)
Hotels;
(b)
Convention and conference centers;
(c)
Seasonal or year-round, indoor and outdoor commercial, private
and/or public recreational, sports and amusement uses, including,
but not limited to, golf courses and related facilities; skiing and
related facilities; sledding and related facilities; rock climbing;
zip lines and alpine slides; snowmobiling trails and facilities; ice
skating; roller skating and skateboarding facilities; boating; fishing
and related facilities; tennis courts and related facilities; squash
courts and related facilities; swimming pools and other aquatic facilities
and amusements, including water slides and water features; equestrian
facilities; mountain biking trails; bowling facilities; rail trails;
hiking and walking trails; and, other recreational uses deemed acceptable
by the Town Board, which Board can limit the use of motorized recreation
uses based on noise and other environmental impacts;
(d)
Theaters, including, but not limited to, live and recorded performance
venues, movie theaters, indoor performance theaters, outdoor performance
amphitheaters and dinner theaters, art galleries and other entertainment
type uses deemed acceptable by the Town Board;
(e)
Retail uses accessory to and integrated into the overall resort;
(f)
Personal service and business offices commonly associated with
a resort;
(g)
Restaurants and catering facilities, including bars and taverns;
(h)
Health spas and fitness services commonly associated with a
resort;
(i)
Agricultural uses and operations.
(3)
Dwellings constructed for seasonal or year-round occupancy are not
permitted, except that the Town Board may, in its discretion, allow
same, based on the following standards. The Town Board is not obligated
to approve the construction of any dwellings, and shall only allow
same where it finds that the applicant has demonstrated to the satisfaction
of the Town Board that the dwellings will be managed and maintained
as an integral component of the resort, and wherein the development
will be phased to ensure that the resort and its associated hotel
and amenities are the principal uses of the PRRD, and that the property
is not being developed as a stand-alone residential subdivision or
residential development:
(a)
Dwellings shall be further capable of being utilized as part
of a rental pool controlled by the resort operator;
(b)
The dwellings and/or lots shall be maintained by the hotel or
resort operator, and the hotel operator shall provide evidence of
same through submission of agreements and other arrangements which
shall be reviewed and approved by the attorney for the Town and which
agreements shall be recorded in the office of the Ulster County Clerk.
The application shall disclose the length of stay within the various
guest unit and dwelling units in the resort for review by the Town
Board, which will establish the maximum length of stay by unit type;
(c)
Dwellings shall be allowed based on a maximum density of one dwelling unit per five acres, after subtracting out all areas dedicated to other uses, including the mandatory open space requirements for a resort and environmental constraints as per § 112-10F. The Town Board may allow dwelling units at a maximum density of one dwelling unit per three acres, as per the above calculation, provided the Town Board determine sufficient area and uses are dedicated to the hotel and other resort amenities;
(d)
The Town Board may cap the total number of dwellings units within
the resort, and in no event shall the number of dwellings exceed 25%
of the total number of hotel guest units to be developed as part of
the PRRD;
(e)
The Town Board shall determine the mix of dwelling unit types
(single-family, two-family, and multifamily dwellings) to ensure that
the property operates primarily as a commercial resort use;
(f)
The Town Board may require that dwellings not be located on
individual lots, but be located on the primary resort property;
(g)
The sale of individual lots may take place prior to the operation
of the hotel, However, construction of dwellings or other improvements
to be placed on such lots, other than model unites, approved by the
Town Board, shall not be constructed until the hotel is operational;
(h)
The architecture of the dwellings shall be consistent with the
overall architectural design of the resort and hotel. The applicant
shall provide a set of architectural standards which shall govern
the design of all dwellings, which shall be approved by the Town Board;
(i)
A market feasibility/fiscal impact study shall be submitted
by the applicant in order for the Town Board to assess the potential
fiscal impact on various Town and municipal-related services, and
whether a market exists for such proposed development;
(j)
The Town Board shall approve the lot sizes, yards, building
heights and maximum dwelling sizes and dwelling type mix for all dwellings
proposed as part of a PRRD.
(4)
Prohibited uses. Adult uses, as defined in this chapter, shall be
prohibited in a PRRD.
D.
Development standards. A PRRD shall be developed in accordance with
the following development standards:
(1)
Bulk regulations.
(a)
Maximum lot coverage shall be 35%.
(b)
Maximum number of guest units: one guest unit per 10,000 square
feet of area, exclusive of all required open space or other uses conducted
on the site.
(c)
Maximum height of any building: 45 feet, or four stories, for
the hotel. All other buildings shall not exceed 35 feet in building
height, or 2.5 stories.
(d)
There shall be no less than four guest units per building, other
than dwellings as regulated above, unless otherwise approved by the
Town Board.
(e)
All building shall be set back no less than 100 feet from the
exterior property lines.
(f)
Open space. Not less than 50% of the acreage of the property
shall be reserved as open space. Areas used for public or private
recreational purposes, including, but not limited to, golf courses,
skiing, walking trails and the like, exclusive of any areas covered
by structures associated with such outdoor uses, shall be considered
open space. The open space lands may include significant ecological,
aesthetic and recreational characteristics.
(2)
Parking.
(a)
Minimum number of parking spaces. One parking space for each
guest unit and one space for every two employees. For any dwellings
that may be approved by the Town Board, no less than two parking spaces
per dwelling unit shall be provided. For all other uses, the number
of off-street parking spaces required to serve the development shall
be calculated utilizing the applicable parking generation rates set
forth in the most recent edition of the Institute of Traffic Engineers'
publication, "Parking Generation." Parking areas shall be broken up
and amply landscaped to avoid the appearance of significant expanses
of impervious surfaces.
(b)
Location and design of parking and loading spaces. All parking
shall be provided in close proximity to the buildings and uses they
serve. There shall be a central facility for deliveries, management
of solid waste and similar activities.
(3)
The buildings and structures shall be compatible with the character
exhibited within the surrounding environs, the character of the community
and the natural surroundings. The Town Board shall approve design
standards for the development, and the Planning Board shall review
and approve the architectural style of the buildings and structures,
taking into consideration the objectives set forth herein. Floor plans
and elevations shall be submitted for review.
(4)
The applicant shall demonstrate that adequate emergency service facilities
are provided for the proposed use. The applicant shall prepare a safety
management plan that demonstrates that adequate emergency access is
provided to the site. Police, fire, ambulance and other agencies that
are required to service the proposed development shall be provided
with a copy of the application for review and comment, and the Town
Board shall take said comments into consideration in its deliberations.
(5)
In order to minimize visual and noise impacts on adjoining parcels,
no building, parking area or road shall be permitted within 100 feet
of any property line. A combination of fencing, natural, undisturbed
areas, supplemental plantings or landscaping shall be provided to
create a separation between surrounding existing and prospective uses
and the proposed development.
(6)
On-site lighting shall be designed and installed in a manner that
minimizes visual impacts to the night sky. A lighting plan depicting
the level and intensity of illumination within the site and at the
property boundary shall be submitted to the Planning Board as part
of the site plan and/or subdivision review. Decorative lighting fixtures
appropriate to a rural and rustic setting shall be incorporated into
the overall design of the development.
(7)
Existing natural features and wooded areas shall be preserved to
the maximum practicable extent. A conceptual landscaping plan shall
be submitted for Town Board review which shall show areas to be landscaped
and existing vegetative areas to be preserved, and final detailed
landscape plans shall be submitted at the time of Planning Board site
plan/subdivision review.
(8)
Utilities. The resort shall be serviced by central water and sewer
systems. All water, sewer and gas lines and all other lines providing
power and communications service shall be installed underground.
(9)
Other zoning regulations. Development within the PRRD Zoning District shall be governed by this section, to the exclusion of any inconsistent provision of the Code of the Town of Wawarsing. The provisions of Chapter 70 of the Code of the Town of Wawarsing to the contrary notwithstanding. The Town Board shall serve as the Historic Preservation Commission within the meaning of such chapter with respect to properties in the PRRD Zoning District and shall have all the authority with respect thereto as provided in that chapter.
