A.
Purpose.
(1)
It is the intent of this Planned Unit Development
(PUD) Article to provide performance criteria in the context of flexible
use and design regulations so that small-to-large-scale residential
neighborhoods may be developed within designated districts incorporating
a variety of residential types and nonresidential uses and containing
both individual building sites and common property which are planned
and developed as a unit. Such a planned unit is to be designed and
organized so as to be capable of satisfactory use and operation as
a separate entity without necessarily needing the participation of
other building sites or other common property in order to function
as a neighborhood.
(2)
This article specifically encourages innovations in
residential development so that the growing demands for housing at
all economic levels may be met by greater variety in type, design
and siting of dwellings and by the conservation and more efficient
use of land in such developments. This article recognizes that, while
the standard zoning function (use and bulk) and the subdivision function
(platting and design) are appropriate for the regulation of land use
in areas or neighborhoods that are already substantially developed,
these controls represent a type of preregulation, regulatory rigidity
and uniformity which may be inimical to the techniques of land development
contained in the planned unit development concept.
(3)
Further, this article recognizes that a rigid set
of space requirements, along with bulk and use specifications, would
frustrate the application of the planned unit development concept.
Thus, where PUD techniques are deemed appropriate through the rezoning
of land to a Planned Unit Development District by the Town Board,
the set of use and dimensional specifications elsewhere in this chapter
is herein replaced by an approval process in which an approved plan
becomes the basis for continuing land use controls during the development
period.
B.
In order to carry out the intent of this article,
a PUD shall achieve the following objectives:
(1)
A maximum choice in the types of environment, occupancy,
tenure (e.g., cooperatives, individual ownership, condominium, leasing),
types of housing, lot sizes and community facilities available to
Town residents at all economic levels.
(2)
More usable open space and recreation areas and more
convenience in location of accessory commercial and service areas.
(3)
A development pattern which preserves trees, outstanding
natural topography and geologic features and prevents soil erosion.
(4)
A creative use of land and related physical development
which allows an orderly transition of land from rural uses.
(5)
An efficient use of land resulting in smaller networks
of utilities and streets and thereby lower housing costs.
(6)
A development pattern in harmony with the objectives
of the Master Plan.
(7)
A more desirable environment than would be possible
through the strict application of other articles of this chapter.
A.
Minimum area. Under normal circumstances, the minimum
area required to qualify for a Planned Unit Development District shall
be 100 contiguous acres of land. Where the applicant can demonstrate
that the characteristics of his holdings will meet the objectives
of this article, the Planning Board may consider projects with less
acreage.
B.
Ownership. The tract of land for a project may be
owned, leased or controlled either by a single person or corporation
or by a group of individuals or corporations. An application must
be filed by the owner or jointly by owners of all property included
in a project. In the case of multiple ownership, the approved plan
is binding on all owners.
C.
Location of PUD District. The PUD District shall be
applicable to any district or parts of districts where the applicant
can demonstrate that the characteristics of his holdings will meet
the objectives of this article.
D.
Permitted uses. All uses within an area designed as
a PUD District are determined by the provisions of this section and
the approved plan of the project concerned.
(1)
Residential uses. Residences may be of a variety of
types. In creating a balanced community, the use of a variety of housing
types shall be deemed most in keeping with this article. However,
at least 35% of the total number of dwelling units within any PUD
shall be in single-family detached structures.
(2)
Accessory commercial, service and other nonresidential
uses. Commercial, service and other nonresidential uses may be permitted
(or required) where such uses are scaled primarily to serve the residents
of the PUD. The following proportions are deemed to be in keeping
with this intent under normal circumstances:
(a)
Where a PUD contains 100 or more dwelling units,
a maximum of 2,400 square feet of floor area for every 100 dwelling
units may be used for limited commercial or service use. Such commercial
or service area may be in a separate building or incorporated within
a two-family or a multifamily structure.
(b)
Where a PUD contains 500 or more dwelling units,
a maximum of one acre of land for every 100 dwelling units may be
used for commercial or service purposes.
(c)
Where a PUD contains 1,000 or more dwelling
units, five acres of land for each 100 dwelling units may be used
for limited industry in addition to the permitted commercial and service
uses. Individual industrial areas shall be a minimum of 50 acres.
(d)
Customary, accessory or associated uses, such
as private garages, storage spaces, recreational and community activities,
churches and schools, shall also be permitted.
F.
Intensity of land use. Because land is used more efficiently
in a PUD, improved environmental quality can be produced with a greater
number of dwelling units per gross building acre than usually permitted
in other zoned districts. The Town Board shall determine in each case
the appropriate land use intensity or dwelling unit density for individual
projects. The determination of land use intensity ratings or dwelling
unit densities shall be completely documented, including all facts,
opinions and judgments justifying the selection of the rating or density.
G.
Common property in the PUD. Common property in a PUD
is a parcel or parcels of land, together with the improvements thereon,
the use and enjoyment of which are shared by the owners and occupants
of the individual building sites. When common property exists, the
ownership of such common property may be either public or private.
When common property exists in private ownership, satisfactory arrangements
must be made for the improvement, operation and maintenance of such
common property and facilities, including private streets, drives,
service and parking areas and recreational and open space area.
A.
Whenever any planned unit development is proposed,
before any contract is made for the sale of any part thereof, before
any permit for the erection of a permanent building in such planned
unit development shall be granted and before any subdivision plat
of any part thereof may be filed in the office of the Monroe County
Clerk, the developer or his authorized agent shall apply for and secure
approval of such planned unit development in accordance with the following
procedures.
B.
Application for sketch plan approval.
(1)
In order to allow the Planning Board and the developer
to reach an understanding on basic design requirements at the earliest
opportunity, the developer shall first submit a sketch plan of his
proposal to the Planning Board. The sketch plan shall be approximately
to scale, though it need not be to the precision of a finished engineering
drawing, and it shall clearly show the following information:
(a)
The location of the various uses and their areas,
in acres.
(b)
The general outlines of the interior roadway
system and all existing rights-of-way and easements, whether public
or private.
(c)
Delineation of the various residential areas,
indicating the number and size in terms of number of bedrooms of residential
units by each housing type: single-family detached, duplex, townhouse,
garden apartments and other (specify); plus a calculation of the residential
density in dwelling units per gross acre (total area, including interior
roadways) for each such area.
(d)
The interior open space system.
(e)
The interior drainage system.
(f)
If depth to bedrock is less than three feet
or portions of the site have a moderate-to-high susceptibility to
flooding and ponding, a topographic map showing existing and proposed
contour intervals of not more than five feet of elevation shall be
provided. (NOTE: Maps showing soil areas and classification for the
Town of Clarkson have been prepared by the Monroe Count Planning Council
and the Soil Conservation Service. These maps designate general soil
characteristics and are available for inspection at the Town Hall
and the County Office Building. Where a potentially significant development
problem exists, a special on-site investigation should be conducted.)
(g)
Evidence of any sort in the applicant's own
behalf outlining the above susceptible soil areas, if any.
(h)
Principal ties to the community at large with
respect to transportation, water supply and sewage disposal.
(i)
Estimates of the school population and possible
allocation to existing and proposed schools.
(j)
A location map showing uses and ownership of
abutting lands.
(2)
In addition, the following documentation shall accompany
the sketch plan:
(a)
Evidence of how the developer's particular mix
of land uses meets existing community demands. (NOTE: Evidence as
to demands may be in the form of specific studies or reports initiated
by the developer or in the form of references to existing studies
or reports relevant to the project in question.)
(b)
Evidence that the proposal is compatible with
the goals of the Official Master Plan, if any.
(c)
A statement as to how common open space is to
be owned and maintained.
(d)
If the development is to be staged, a clear indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of Subsection B(1) above shall show the final completed project.
(e)
Evidence of any sort in the applicant's own
behalf to demonstrate his competence to carry out the plan and his
awareness of the scope of such a project, both physical and financial.
(3)
The Planning Board shall review the sketch plan and
its related documents and shall render either a favorable report to
the Town Board or an unfavorable report to the applicant.
(a)
A favorable report shall include a recommendation
to the Town Board that a public hearing be held for the purpose of
considering tentative approval. It shall be based on the following
findings, which shall be included as part of the report:
[1]
The proposal conforms to the Master Plan.
[4]
The proposal is conceptually sound in that it
meets a community need and it conforms to accepted design principals
in the proposed functional roadway system, land use configuration,
open space system, drainage system and scale of the elements, both
absolutely and to one another.
[5]
There are inadequate services and utilities
available or proposed to be made available in the construction of
the development.
(b)
An unfavorable report shall state clearly the
reasons therefor and, if appropriate, point out to the applicant what
might be done in order to receive a favorable report. The applicant
may, within 10 days after receiving an unfavorable report, file an
application for tentative approval with the Town Clerk. The Town Board
may then determine whether or not it wishes to call a public hearing
and proceed.
(4)
The Chairman of the Planning Board shall certify when
all of the necessary application material has been presented, and
the Planning Board shall submit its report within 60 days of such
certification. If no report has been rendered after 60 days, the applicant
may proceed as if a favorable report were given to the Town Board.
C.
Application for tentative approval.
(1)
Upon receipt of a favorable report from the Planning
Board or upon its own determination subsequent to an appeal from an
unfavorable report, the Town Board shall set a date for and conduct
a public hearing for the purpose of granting tentative approval to
the applicant's plan in accordance with the procedures established
under §§ 264 and 265 of the Town Law, or other applicable
law.
(2)
The Town Board shall refer the application to the
County Planning Council for its analysis and recommendation, and the
Town Board shall also refer the application to the Town Engineer for
his review. The Town Engineer shall submit a report to the Town Board
within 30 days, duly noting the feasibility and adequacy of those
design elements under his sphere of interest. This report need only
concern itself with general conceptual acceptance or disapproval,
as the case may be, and in no way implies any future acceptance or
rejection of detailed design elements as will be required in the later
site plan review stage. The Town Engineer may also state in his report
any other conditions or problems that must be overcome before consideration
of acceptance on his part.
(3)
The Town Board shall give the County Planning Council
at least 30 days to render its report: and, within 60 days of receipt
of the County Planning Council report or within 90 days of referral
to the Council Planning Council, whichever is sooner, the Town Board
shall render its decision on the application.
D.
Zoning for planned unit developments. If the Town
Board grants tentative approval, the Zoning Map shall be so notated.
The Town Board may, if it feels it necessary in order to fully protect
the public health, safety and welfare of the community, attach to
its Zoning Local Law any additional conditions or requirements for
the applicant to meet. Such requirements may include but are not confined
to visual and acoustical screening, land use mixes, order of construction
and/or occupancy, circulation systems, both vehicular and pedestrian,
availability of sites within the area for necessary public services,
such as schools, firehouses and libraries, protection of natural and/or
historic sites and other such physical or social demands. Final approval
and zoning shall be conditional upon the following:
[Amended 8-11-1987 by L.L. No. 2-1987]
E.
Application for preliminary site plan approval. Application
for preliminary site plan approval shall be made to the Planning Board
and shall be accompanied by the following information prepared by
a licensed engineer, architect, landscape architect or surveyor:
(1)
An area map showing the applicant's entire holding,
that portion of the applicant's property under consideration and all
properties, subdivisions, streets and easements within 500 feet of
the applicant's property.
(2)
If grades exceed 3% or portions of the site have a
moderate-to-high susceptibility to flooding and ponding, a topographic
map showing contour intervals of not more than five feet of elevation
shall be provided. (NOTE: Maps showing soil areas and classifications
for the Town of Clarkson have been prepared by the Monroe County Planning
Council and the Soil Conservation Service. These maps designate general
soil characteristics and are available for inspection at the Town
Hall and the County Office Building. Where a potentially significant
development problem exists, a special on-site investigation should
be conducted.)
(3)
A preliminary site plan, including the following information:
(a)
Title of drawing, including name and address
of applicant.
(b)
North point, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing watercourses.
(e)
A site plan showing location, proposed use and
height of all buildings; location of all parking and truck-loading
areas, with access and egress drives thereto; location and proposed
development of all open spaces, including parks, playgrounds and open
space reservations; location of outdoor storage, if any; location
of all existing or proposed site improvements, including drains, culverts,
retaining walls and fences; description of method of sewage disposal
and location of such facilities; location and size of all signs; location
and proposed development of buffer areas; location and design of lighting
facilities; and the amount of building area proposed for nonresidential
uses, if any.
(4)
A tracing overlay showing all soil areas and their
classifications and those areas, if any, with moderate-to-high susceptibility
to flooding and moderate-to-high susceptibility to erosion. For areas
with potential erosion problems, the overlay shall also include an
outline and description of existing vegetation.
F.
Factors for consideration.
(1)
The Planning Board's review of a preliminary site
plan shall include but is not limited to the following considerations:
(a)
The adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, channelization
structures and traffic controls.
(b)
The adequacy and arrangement of pedestrian traffic
access and circulation, including separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic and pedestrian convenience.
(c)
The location, arrangement, appearance and sufficiency
of off-street parking and loading.
(d)
The location, arrangement, size and design of
buildings, lighting and signs.
(e)
The adequacy, type and arrangement of trees,
shrubs and other landscaping constituting a visual and/or a noise-deterring
buffer between adjacent uses and adjoining lands.
(f)
In the case of apartment houses or multiple
dwellings, the adequacy of usable open space for playgrounds and informal
recreation.
(g)
The adequacy of stormwater and sanitary waste
disposal facilities.
(h)
The adequacy of structures, roadways and landscaping
in areas with moderate-to-high susceptibility to flooding and ponding
and/or erosion.
(i)
The protection of adjacent properties against
noise, glare, unsightliness or other objectionable features.
(j)
Conformance to other specific charges of the
Town Board which may have been stated in the Zoning Local Law.
[Amended 8-11-1987 by L.L. No. 2-1987]
(2)
In its review, the Planning Board may consult with
the Town Engineer and other Town and county officials, as well as
with representatives of federal and state agencies, including the
Soil Conservation Service and the New York State Department of Conservation.
The Planning Board may require that exterior design of all structures
be made by or under the direction of a registered architect whose
seal shall be affixed to the plans. The Planning Board may also require
such additional provisions and conditions that appear necessary for
the public health, safety and general welfare.
G.
Action on preliminary application.
(1)
A public hearing shall be held within 45 days of the
submission of an application for preliminary site plan approval, and
the Planning Board shall act on it within 45 days of the public hearing.
If no decision is made within said forty-five-day period, the preliminary
site plan shall be conditionally approved. The Planning Board's action
shall be in the form of a written statement to the applicant stating
whether or not the preliminary site plan is conditionally approved.
A copy of the appropriate minutes of the Planning Board shall be a
sufficient report.
[Amended 8-11-1987 by L.L. No. 2-1987]
(2)
The Planning Board's statement may include recommendations
as to desirable revisions to be incorporated in the final site plan,
to which conformance shall be considered a condition of approval.
Such recommendations shall be limited, however, to siting and dimensional
details within general use areas, and shall not significantly alter
the sketch plan as it was tentatively approved in the zoning proceedings.
(3)
If the preliminary site plan is disapproved, the Planning
Board's statement shall contain the reasons for such findings. In
such case, the Planning Board may recommend further study of the site
plan and resubmission of the preliminary site plan to the Planning
Board after it has been revised or redesigned.
(4)
No modification of existing stream channels, filling
of land with a moderate-to-high susceptibility to flooding, grading
or removal of vegetation in areas with a moderate-to-high susceptibility
to erosion, or excavation for and construction or site improvements
shall begin until the developer has received preliminary site plan
approval. Failure to comply shall be construed as a violation of this
chapter, and, where necessary, final site plan approval may require
the modification or removal of unapproved site improvements.
H.
Request for changes in sketch plan. If in the site
plan development it becomes apparent that certain elements of the
sketch plan, as it has been tentatively approved by the Town Board,
are unfeasible and in need of significant modification, the applicant
shall then present his solution to the Planning Board as his preliminary
site plan in accordance with the above procedures. The Planning Board
shall then determine whether or not the modified plan is still in
keeping with the intent of the Zoning Local Law. If a negative decision
is reached, the application shall be considered disapproved, the property
shall revert to its previous zoning designation, and the applicant
must resubmit his proposal as a sketch plan if he still wishes to
pursue his project. If an affirmative decision is reached, the Planning
Board shall so notify the Town Board, stating all of the particulars
of the matter and its reasons for feeling the project should be continued
as modified. Preliminary site plan approval may then be given only
with the consent of the Town Board.
[Amended 8-11-1987 by L.L. No. 2-1987]
I.
Application for final detailed site plan approval.
(1)
After receiving conditional approval from the Planning
Board on a preliminary site plan and approval for all necessary permits
and curb cuts from state and county officials, the applicant may prepare
his final detailed site plan and submit it to the Planning Board for
final approval, except that, if more than six months has elapsed between
the time of the Planning Board's report on the preliminary site plan
and if the Planning Board finds that conditions have changed significantly
in the interim, the Planning Board may require a resubmission of the
preliminary site plan for further review and possible revision prior
to accepting the proposed final site plan for review.
(2)
The final detailed site plan shall conform substantially
to the preliminary site plan that has received preliminary site plan
approval. It should incorporate any revisions or other features that
may have been recommended by the Planning Board and/or the Town Board
at the preliminary review. All such compliances shall be clearly indicated
by the applicant on the appropriate submission.
J.
Action on final detailed site plan application. Within
45 days of submission of an application for final site plan approval,
the Planning Board shall hold a public hearing thereon. The Planning
Board shall render a decision within 45 days of such public hearing;
provided, however, that such hearing may be waived if the final plan
is in substantial agreement with the preliminary plan. If such public
hearing is waived, the Planning Board must render a decision within
45 days of the submission of the application for final site plan approval.
[Amended 8-11-1987 by L.L. No. 2-1987]
(1)
Upon approving an application, the Planning Board
shall endorse its approval on a copy of the final site plan and shall
forward it to the Zoning Officer, who shall then issue a zoning permit
to the applicant if the project conforms to all other applicable requirements.
(2)
Upon disapproving an application, the Planning Board
shall so inform the Zoning Officer. The Planning Board shall also
notify the applicant and the Town Board, in writing, of its decision
and its reasons for disapproval. A copy of the appropriate minutes
may suffice for this notice.
K.
Staging. If the applicant wishes to stage his development and he has so indicated as per Subsection B(2)(d) of this section, then he may submit only those stages he wishes to develop for site plan approval in accordance with his staging plan. Upon posting bond or improving each stage, the affected portion(s) of the plan shall be deemed as finally approved. Any plan which requires more than 24 months to get underway shall be required to be staged, and a staging plan must be developed. At no point in the development of a PUD shall the ratio of nonresidential to residential acreage or the dwelling unit ratios between the several different housing types for that portion of the PUD completed and/or under construction differ from that of a PUD as a whole by more than 20%.
[Amended 8-11-1987 by L.L. No. 2-1987]
A.
For the purposes of regulating development and use
of property after initial construction and occupancy, any changes
other than use changes shall be processed as variance requests. Use
changes shall be processed as requests for special permits requiring
Town Board approval. It shall be noted, however, that properties lying
in Planned Unit Development Districts are unique and shall be so considered
by the Board of Appeals and/or the Town Board when evaluating variance
and special permit requests; and maintenance of the intent and function
of the planned unit shall be of primary importance.
B.
Site plan review under the provisions of this article
shall suffice for Planning Board review of subdivisions under the
Town Subdivision Regulations, subject to the following conditions:
(1)
The developer shall prepare sets of subdivision plats
suitable for filing with the office of the Monroe County Clerk in
addition to those drawings required above.
(2)
The developer shall plat the entire development as
a subdivision; however, PUD's being developed in stages may be platted
and filed in the same stages.
[Amended 8-11-1987 by L.L. No. 2-1987]
No zoning permits shall be issued for construction
within a PUD District until improvements are installed or a performance
bond and/or an irrevocable letter of credit is posted in accordance
with the same procedures as provided for in § 277 of the
Town Law relating to subdivisions. Other such requirements may also
be established from time to time by the Town Board.
