A.
Intent.
(1)
It is the intent of this Planned Unit Development
(PUD) Districts article to provide flexible land use and design regulations
through the use of performance criteria so that small-to-large-scale
neighborhoods or portions thereof may be developed within the Town
to incorporate a variety of residential types and nonresidential uses
and contain 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. 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.
(2)
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 pre-regulation, regulatory rigidity and uniformity
which may be inimical to the techniques of land development contained
in the planned unit development concept. Further, this article recognizes
that a rigid set of space requirements along with bulk and use specifications
would frustrate the application of this concept. Thus, where PUD techniques
are deemed appropriate through the rezoning of land to a PUD District
by the Town Board, the set of use and dimensional specifications elsewhere
in this chapter are herein replaced by an approval process in which
an approved plan becomes the basis for continuing land use controls.
B.
Objectives. 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
existing and potential Town residents at all economic levels.
(2)
More usable open space and recreation areas.
(3)
More convenience in the location of accessory commercial
and service areas.
(4)
The preservation of trees, outstanding natural topography
and geologic features and the prevention of soil erosion.
(5)
A creative use of land and related physical development
which allows an orderly transition of land from rural to urban uses.
(6)
An efficient use of land resulting in smaller networks
of utilities and streets and thereby lower housing costs.
(7)
A development pattern in harmony with the objectives
of the Comprehensive Plan.
(8)
A more desirable environment than would be possible
through the strict application of other articles of this chapter.
A.
Minimum area. 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 any
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
shall be binding on all owners.
C.
Location of PUD District. The PUD District shall be
applicable to any area of the Town 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 designated
as a PUD District are determined by the provisions of this section
and the approval of the project concerned.
(1)
Residential uses. Residences may be of any variety of types. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with this article. In keeping with the objectives found in § 175-50B(1) and (6), the developer must demonstrate that he is reaching as broad an economic market as possible. In making these determinations, the Planning Board shall consider the size of the site, its location with respect to community services and facilities, transportation and area-wide market surveys as are available from several sources in Monroe County. Developers are further encouraged to avail themselves of such state, federal and other housing programs as may be available to accomplish these objectives.
(2)
Accessory commercial, service and other nonresidential
uses. Commercial, service and other nonresidential uses may be permitted
where such uses are scaled primarily to serve the residents of the
PUD. Consideration shall be given to the project as it exists in its
larger setting in determining the appropriateness of such uses.
(3)
Customary accessory or associated uses. Accessory
uses such as private garages, storage spaces, recreational and community
activities, churches and schools shall also be permitted as appropriate
to the PUD.
E.
Intensity of land use. Because land is used more efficiently
in a PUD, improved environmental quality can often be produced with
a greater number of dwelling units per gross building area than usually
permitted in traditionally zoned districts. The Town Board shall determine
in each case the appropriate land use intensity and/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.
F.
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 is 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 areas.
A.
General. Whenever any planned unit development is
proposed, before any permit for the erection of a permanent building
in such planned unit development shall be granted and before any subdivision
plat or 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 prior to detailed
design investment, the developer shall 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 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 for each such area its general extent, size and composition
in terms of total number of dwelling units, approximate percentage
allocation by dwelling unit type (i.e., single-family detached, duplex,
townhouse, garden apartments, high-rise), and general description
of the intended market structure (i.e., luxury, middle income, moderate
income, elderly units, family units, etc.), 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 overall drainage system.
(f)
If grades exceed 3%, or portions of the site
have a moderate-to-high susceptibility to erosion or 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 along with an overlay outlining the above susceptible soil
areas, if any.
(g)
Principal ties to the community at large with
respect to transportation, water supply and sewage disposal.
(h)
A general description of the provision of other
community facilities, such as schools, fire protection services and
cultural facilities, if any, and some indication of how these needs
are proposed to be accommodated.
(i)
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, to include area-wide
as well as local considerations.
(b)
Evidence of the developer's compliance with the provisions of § 175-51D(1) with respect to the provision of an adequate mix of housing for all economic levels.
(c)
Evidence that the proposal is compatible with
the goals of local and area-wide Comprehensive Plans, if any.
(d)
A general statement as to how common open space
is to be owned and maintained.
(e)
If the development is to be staged, a general
indication of how the staging is to proceed. Whether or not the development
is to be staged, the sketch plan of this section shall show the intended
total project.
(f)
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. The Planning
Board shall consult with the Monroe County Development Review Committee.
(a)
A favorable report shall include a recommendation
to the Town Board that a public hearing be held for the purpose of
considering PUD districting. It shall be based on the following findings
which shall be included as part of the report:
[1]
The proposal conforms to the Comprehensive Plan.
[2]
The proposal meets the intent and objectives of planned unit development as expressed in § 175-50.
[4]
The proposal is conceptually sound in that it
meets local and area-wide needs and it conforms to accepted design
principles in the proposed functional roadway and pedestrian system,
land use configuration, open space system, drainage system and scale
of the elements both absolutely and to one another.
[5]
There are adequate 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 accomplished in order to receive a favorable report. The
applicant may, within 10 days after receiving an unfavorable report,
file an application for PUD districting with the Town Clerk. The Town
Board may then determine on its own initiative whether or not it wishes
to call a public hearing.
(4)
The Chair 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 PUD districting.
(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 considering PUD districting for
the applicant's plan in accordance with the procedures established
under §§ 264 and 265 of the Town Law or other applicable
law, said public hearing to be conducted within 45 days of the receipt
of the favorable report.
(2)
The Town Board shall refer the application to the
Monroe County Development Review Committee for its analysis and recommendations,
pursuant to the provisions of § 239-m of the General Municipal
Law and the provisions of this article, and the Town Board shall also
refer the application to the Town Engineer for his review.
(a)
The Town Board shall give the Monroe County
Development Review Committee at least 30 days to render its report.
(b)
The Town Engineer shall submit a report to the
Town Board within 30 days of the referral, duly noting the feasibility
and adequacy of those design elements under his sphere of interest.
This report need only concern itself at this time 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.
(c)
Within 45 days after the public hearing, the
Town Board shall render its decision on the application.
D.
Zoning for planned unit developments. If the Town Board grants the PUD districting, 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 resolution 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, fire houses and libraries, protection of natural and/or historic sites and other such physical or social demands. The Town Board shall state at this time its findings with respect to the land use intensity or dwelling unit density as called for in § 175-51E.
A.
Application for preliminary site plan approval. Application
for preliminary site plan approval shall be to the Planning Board
and shall be accompanied by the following information prepared by
a licensed engineer, architect and/or landscape architect:
(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)
A topographic map showing contour intervals of not
more than five feet of elevation.
(3)
A preliminary site plan including the following information:
(a)
Title of drawing, including the name and address
of the 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
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.
B.
County Development Review Committee. Upon receipt
of the application for preliminary site plan approval, the Planning
Board shall refer said application to the County Development Review
Committee for its report to the Planning Board within 30 days of receipt
of said referral.
C.
Factors for consideration.
(1)
The Planning Board's review of a preliminary site plan shall include reference to the County Development Review Committee required under Subsection B and shall include but is not limited to the following considerations:
(a)
Adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, channelization
structures and traffic controls.
(b)
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)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(d)
Location, arrangement, size and design of buildings,
lighting and signs.
(e)
Relationship of the various uses to one another
and their scale.
(f)
Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or noise-deterring
buffer between adjacent uses and adjoining lands.
(g)
Adequacy and distribution of usable open space
for playgrounds and informal recreation.
(h)
Adequacy of stormwater and sanitary waste disposal
facilities.
(i)
Adequacy of structures, roadways and landscaping
in areas with moderate-to-high susceptibility to flooding and ponding
and/or erosion.
(j)
Protection of adjacent properties against noise,
glare, unsightliness or other objectionable features.
(k)
Overall environmental impact.
(l)
Conformance with other specific charges of the
Town Board which may have been stated in the zoning resolution.
(m)
All utilities to be installed underground.
(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 Environmental
Conservation. The Planning Board may require that the 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.
D.
Action on preliminary site plan application.
(1)
Within 90 days of the receipt of the application for
preliminary site plan approval, the Planning Board shall act on it.
If no decision is made within said ninety-day period, the preliminary
site plan shall be considered 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.
(2)
The Planning Board's statement may include recommendations
as to desirable revisions to be incorporated into the final site plan,
conformance with such recommendations to 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 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 a 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 lands 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 of 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 site improvements.
E.
Request for changes in sketch plans. If in the site
plan development it becomes apparent that certain elements of the
sketch plan, as it has been 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 resolution. If a negative decision is
reached, the site plan shall be considered as disapproved. The developer
may then, if he wishes, produce another site plan in conformance with
the approved sketch plan. 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 determining that the project
should be continued as modified. Preliminary site plan approval may
then be given only with the consent of the Town Board.
F.
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 12 months have 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 detail 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.
(3)
In addition to the requirements for preliminary site
plan approval, an application for final site plan approval shall also
contain:
(a)
The final site plan at a scale of 50 feet to
one inch. Where more than one sheet is required to show the entire
development, a key map shall be provided.
(b)
The lines of existing and proposed streets and
sidewalks immediately adjoining and within the PUD or PUD stage.
(c)
The names of existing and proposed streets.
(d)
Typical cross sections of proposed streets and
sidewalks.
(e)
Profiles of proposed streets at suitable vertical
scale showing finished grades in relation to existing ground elevation.
(f)
Layout of proposed lots, including lot numbers
and proposed numbering system for buildings.
(g)
The location and size of any existing and proposed
sewers (stormwater and/or sanitary), water mains and pipes on the
property or into which any connection is proposed.
(h)
Provisions for water supply and sewage disposal,
and evidence that such provisions have received approval of the Monroe
County Department of Health.
(i)
Locations of survey monuments.
(j)
A planting plan indicating locations, varieties
and minimum sizes of trees to be planted and of existing trees to
be preserved. Existing wooded areas need not be itemized, but should
be generally described.
(k)
Brief specifications, or reference to Town standards
for all public facilities to be constructed or installed within the
PUD stage.
G.
County Development Review Committee. Upon receipt
of the application for final detailed site plan approval, the Planning
Board shall refer said application to the County Development Review
Committee for its analysis, recommendations and report. The County
Development Review Committee shall issue its report to the Planning
Board within 30 days of receipt of said referral.
H.
Action on the final detailed site plan application.
Within 60 days of the receipt of the application for final site plan
approval, and after a duly advertised public hearing in accordance
with procedures of § 276 of the Town Law, the Planning Board
shall render a decision to the applicant and so notify the Town Board.
If no decision is made within the sixty-day period, the final site
plan shall be considered approved.
(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 Code Enforcement Officer, who shall then issue a
building 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 Code Enforcement 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.
I.
Staging. If the applicant wishes to stage his development, and he has so indicated as per § 175-52B(2)(e), then he may submit only those stages he wishes to develop for site plan approval in accordance with his 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. It is the intent of this chapter that individual stages of the PUD will have an integrity of use in their own right so that, if for any reason, the entire PUD would not be completed, those portions of the PUD already constructed will be an asset to the community by themselves. Staging plans must take account of this objective, and developers proposing individual stages that deviate significantly from the overall character of the PUD should present convincing evidence that such a stage is indeed in keeping with this section.
A.
Regulation after initial construction and occupancy.
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 a special permit request to the Planning Board.
Use changes shall also be in the form of a request for a special permit,
except that Town Board approval shall be required. It shall be noted,
however, that properties lying in PUD Districts are unique and shall
be so considered by the Planning Board or Town Board when evaluating
these requests, and maintenance of the intent and function of the
planned unit shall be of primary importance.
B.
Site plan review. Site plan review under the provisions
of this article shall suffice for Planning Board review of subdivisions
under Town Subdivision Regulations,[1] 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, planned unit developments being developed
in stages may be platted and filed in the same stages.
No building permits shall be issued for construction
within a PUD District until improvements are installed or a performance
bond or 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.
