[Added 9-2-1971]
[Amended 4-1-1974; 2-17-1976 by L.L. No. 1-1976; 2-27-1989 by L.L. No. 3-1989]
The provisions of this article shall apply solely
to parcels of land 30 acres or more fronting on the east side of South
Broadway between Harriman Road and East Clinton Avenue, located entirely
within One-Family Residence Districts 1F-20 and 1F-40, and with respect
to which the Planning Board granted final site plan approval hereunder
prior to January 1, 1987. No new PURD applications will be considered
or acted upon.
The purpose of establishing and providing for
PURD's on tracts of considerable size is to:
A.
Preserve open spaces in their natural state; to preserve
natural features of the terrain.
B.
Encourage innovations in residential development and
increase the choice of residential environments available in the Village
by allowing a greater variety in type, design, layout and grouping
of buildings, permitting features of unusual design merit but without
giving rise to an increase in the demand for public facilities and
services disproportionate to the contribution of such developments
to the tax base of the Village.
C.
Encourage the development of the land and the construction
and grouping of dwelling units in such a way that they will be harmonious
with each other, will preserve and enhance the appearance and beauty
of the community and be consistent with its generally residential
character and will be consistent with the preservation of property
values.
D.
Provide for private recreational facilities convenient
to such housing.
E.
Provide for the conservation and more efficient use
of open space ancillary to such housing.
F.
Establish administrative standards to encourage such
development and to assure that such development will in all respects
further the purposes of this chapter.[1]
[1]
Editor's Note: Former § 47-23.4,
Minimum land area; location, which immediately followed this section,
was repealed 2-27-1989 by L.L. No. 3-1989.
A.
In considering and acting upon a PURD site plan, the
Planning Board shall not, except as provided in this article, be restricted
by any regulation or limitation specifically applicable to the 1F-20
or 1F-40 Residence District, but such site plan shall comply with
the provisions of §§ 179-k and 179-l of the Village
Law,[1] except where a variation may be specifically authorized
by the Planning Board, and the Planning Board and the Board of Trustees
shall have all authority granted in said sections. The Planning Board
shall have and exercise ultimate discretion as to whether the total
development plan complies with the provisions and intent of this article
and shall approve a final site plan for a PURD if the construction,
location and grouping of all proposed buildings and structures, open
areas, roads, walkways, parking areas and other features comply with
the requirements of and achieve the purposes set forth in this article.
[1]
Editor's Note: See now Village Law §§ 7-728
and 7-730.
B.
The height of any building within a PURD shall not
exceed 35 feet.
C.
Individual private lots, if any, in single ownership
and abutting individual dwelling units within a PURD shall not exceed
in area 1,000 square feet in a 1F-20 Residence District or 2,000 square
feet in a 1F-40 Residence District (exclusive of the area of the related
dwelling unit).
D.
Not more than 10% of the dwelling units in a PURD
shall be single-family detached dwellings.
E.
Within a PURD, the total land area shall be devoted
to the following specified uses:
(1)
Not more than 12% of the land area in a 1F-20 Residence
District and not more than 8% of the land area in a 1F-40 Residence
District shall be used for the erection of all structures therein,
including any accessory use, exclusive of interior roadways, parking
areas, private recreation areas, private open spaces and private courts
which abut and service any building.
(2)
A minimum of 88% of the land area in a 1F-20 Residence
District and a minimum of 92% of the land area in a 1F-40 Residence
District shall be maintained for open areas which shall include interior
roadways, parking areas, private recreation areas, private open spaces
and private courts which abut and service any building.
(3)
No building or structure shall be erected in a PURD
located in a 1F-20 Residence District nearer than 100 feet and no
building or structure shall be erected in a PURD located in a 1F-40
Residence District nearer than 150 feet from any lot line forming
part of the perimeter of such development. The perimeter area so prescribed
shall be maintained as a private park or green area of the PURD except
for such road or roads giving access to the development as shall be
approved by the Planning Board. The Planning Board may, however, in
its discretion, in cases it deems appropriate, permit one or more
buildings or structures to be located nearer to a lot line forming
part of the perimeter of PURD, but not nearer than 50 feet in a 1F-20
Residence District or one hundred feet in a 1F-40 Residence District,
and permit parts of an internal communication road and all or part
of one or more internal parking areas to be in the perimeter area.
F.
If a proposed PURD fully accomplishes the purposes set forth in § 224-26 and fully complies with the design standards set forth in § 224-29 and with the other provisions of this article, the number of dwelling units therein shall be such number as the applicant shall designate, not exceeding, in a 1F-20 Residence District, one dwelling unit for each 12,000 square feet, and, in a 1F-40 Residence District, one dwelling unit for each 24,000 square feet of gross area of the land in the development. If, however, the Planning Board in its discretion shall determine that:
(2)
Because of the location, size, shape or physical characteristics of the site or the use or ownership of the properties adjacent to the site or the present or potential traffic congestion or unsafe traffic conditions in the public streets giving access to the proposed development, it would be advisable and in the best interests of the Village that the number of dwelling units in the development be less than those described above, then the Planning Board, in addition to its rights and obligations set forth in § 224-31, shall have the right to limit the number of dwelling units in the development to such number as the Planning Board shall deem appropriate, but not less than, in a 1F-20 Residence District, one dwelling unit for each 15,000 square feet, and, in a 1F-40 Residence District, one dwelling unit for each 30,000 square feet of gross area of the land in the development.
G.
There shall be an average of at least 1 1/2 parking
spaces for each of the dwelling units in a PURD, including at least
one garage for one passenger car for each dwelling unit.
H.
There shall not be permitted in any PURD more than
an average of two bedrooms for all dwelling units therein.
Within a PURD, no building or structure or premises
shall be used and no building or structure or part thereof shall be
erected which is arranged, intended or designed to be used in whole
or in part for any purpose except the following:
A.
Single-family detached dwellings, single-family attached
dwellings and attached townhouses.
B.
Private parks and private recreation areas which may
include golf courses, swimming pools, tennis courts and similar recreational
uses.
C.
An administration facility which may contain one or
more community rooms.
D.
Accessory uses, limited to the following:
(1)
Any accessory use permitted in a 1F-20 or 1F-40 Residence
District.
(2)
Living facilities for the manager of the PURD in a
separate structure or in or as part of a single-family attached dwelling
or an attached townhouse. Such facilities shall be counted as a dwelling
unit for purposes of determining the number of dwelling units permitted
in the development.
(3)
Private garages for passenger automobiles and maintenance
vehicles and equipment. Garages may be incorporated in dwelling units
or grouped in one or more separate buildings.
(4)
Such professional and other signs as may be approved
by the Planning Board as part of the site plan indicating the name
of the PURD and traffic directional signs.
In considering an application for a PURD, the
Planning Board shall be guided by the following standards and shall
require that the development comply therewith to the maximum extent
deemed feasible by the Planning Board under the circumstances:
A.
Structures shall be located where they can be used
without danger to health or peril from fire, flood or other hazard.
B.
Streets shall be of sufficient width, suitably located
and adequately constructed to accommodate prospective traffic and
to afford access to fire-fighting, snow-removal, sanitation and other
heavy equipment. Continuity with adjoining roads, cul-de-sac patterns,
separation of through and local traffic and a logical relationship
to topography shall be, encouraged. Pedestrian walkways shall be suitably
provided.
C.
Parking shall be adequate for the number and size
of dwelling units in the PURD. Off-street parking, parking places
near the serviced unit and small, landscaped parking lots shall be
encouraged.
D.
Open space shall be emphasized. Natural features such
as wooded areas, meadows, streams, ponds, rocky outcroppings and large
trees shall be preserved. Accumulation of open space in large, contiguous
areas, accessibility of open space to dwelling units and centralized
location of recreational areas shall be encouraged.
E.
Innovation in design and use of materials, diversity
of types of dwelling units by elevations, setbacks, numbers of units
in groups and otherwise and harmony of architectural design and materials
shall be encouraged.
F.
Service facilities shall be adequate and unobtrusive.
Facilities for refuse storage and collection shall be such as to minimize
noise and visual impact. Utility lines shall be underground. Roads,
walkways and parks shall be adequately lighted. Utility easements
shall be placed where they will least detract from the quality of
the development.
G.
Provisions for visual and acoustical privacy shall
be encouraged. Appropriate screening by fences, walls, trees and shrubs
shall be preserved or placed on the perimeter of and within the development
to preserve the privacy of the residents and to minimize any adverse
effect on adjacent properties.
A.
The owner or his agent proposing a PURD shall, after
informally discussing the same with the Planning Board, file with
the Planning Board a preliminary application for such development.
Three copies of the preliminary application shall be delivered to
the Planning Board at least two weeks in advance of the meeting of
the Board at which it is to be filed. Filing shall not be deemed effective
until all required documents are filed.
B.
As part of the preliminary application there shall
be submitted:
(1)
A preliminary plat, prepared at a scale of not less than 50 feet to the inch, showing the location of the proposed PURD, the names of the owners of all adjoining properties, the proposed location of each building or structure and road in the development, interior road lines, if any, the estimated number of dwelling units in each building, the estimated number and character of rooms in each dwelling unit and such other information as shall be required by the Planning Board, which may include in its discretion, but without limitations, such information as it would require, pursuant to Chapter 188, Subdivision of Land, with respect to a preliminary layout for a conventional subdivision.
(2)
Copies of a deed or contract or other evidence acceptable
to the Planning Board establishing that the applicant has title to
the site in fee simple or is a party to a contract under which he
will acquire such title upon approval by the Planning Board of a final
site plan for the proposed development.
(3)
Such additional documents and information as may be
required by the Planning Board.
(4)
A preliminary application fee plus a fee per acre
for each acre or part thereof in the proposed development shall be
paid upon filing the application. The fee shall be as set from time
to time by the Board of Trustees, half of which fee shall be returned
if the applicant elects not to file an application for final site
plan approval.[1]
[Amended 8-18-2003 by L.L. No. 20-2003]
C.
The Planning Board shall, within 45 days after its meeting at which a preliminary application is filed, give the applicant its detailed comments thereon and, if he shall so request, a statement in writing of its opinion as to whether or not it would be advisable and in the best interests of the Village, for any of the reasons specified in § 224-27F(2), that the number of dwelling units in the development be less than those prescribed in the first sentence of § 224-27F.
A.
Within six months after receiving the Planning Board's
comments on his preliminary application, the applicant shall file
with the Planning Board an application for final site plan approval.
Five copies of the application shall be delivered to the Planning
Board at least two weeks in advance of the meeting of the Board at
which it is to be filed. Filing shall not be deemed effective until
all required documents are filed.
B.
As part of the final site plan there shall be submitted:
(1)
A plat drawn in ink on tracing cloth or prepared in such other manner as the Planning Board shall approve, at a scale of not less than 50 feet to the inch, with details at a scale of 20 feet to the inch or such other scale as the Planning Board shall specify, showing the location of the proposed PURD, the names of the owners of the adjoining properties, the location of each building or structure and each road in the development, interior lot lines, if any, the number of dwelling units in each building and generalized floor plans for each dwelling unit indicating compliance with the provisions of § 224-27H and such other information as shall be required by the Planning Board, which may include in its discretion, but without limitation, such information as it would require, pursuant to Chapter 188, Subdivision of Land, with respect to an application for final plat approval for a conventional subdivision.
(2)
Proof that there has been no change in the ownership
or contract status of the site as submitted to the Planning Board
as part of the preliminary application.
(3)
Such other documents and information as may be required
by the Planning Board.
D.
The Planning Board shall, within 45 days after its
meeting at which the application for final site plan approval is filed,
approve the final site plan as submitted, approve it subject to conditions,
modifications or other requirements which the Board shall specify
or disapprove it by resolution for reasons which the Board shall specify,
in each case advising the applicant, in writing, of the decision made
and, if applicable, the conditions, modifications or other requirements
specified or the reasons for disapproval. The determination of the
Planning Board shall be deemed a final determination. If the Board
shall fail to state its determination within 45 days after the filing
of the application, then, unless the time has been extended by written
consent of the applicant, the final site plan, as submitted, shall
be deemed approved by the Planning Board.
E.
The final site plan, when approved by the Planning
Board, shall be signed by the Chairman of the Planning Board, and
the Building Inspector shall issue all necessary permits only in accordance
therewith. The final site plan, as approved, shall not be changed,
modified or revised without the approval of the Planning Board; provided,
however, that the Building Inspector may approve changes therein which
are not substantial in character or nature, are certified by the owner
to be necessitated by unforeseen field conditions and do not involve
a change of more than 5% in the land coverage of any building or a
change of more than 10 feet in the location of any outer wall of any
building or a change in the number of dwelling units in any building
or a change in the number or character of the rooms in any dwelling
unit. Any such changes approved by the Building Inspector shall be
promptly reported to the Planning Board.
F.
Concurrently with the granting of final site plan
approval, the Planning Board shall require that the applicant file
such performance bonds as would be required for the filing of a subdivision
plat in accordance with § 179-I of the Village Law[2] or else complete the required improvements before any
building permits will be issued.
[2]
Editor's Note: See now Village Law § 7-730.
G.
The Planning Board may, in granting final site plan approval of a PURD permit the applicant to develop his property in one or more sections. No such section shall contain less than 10 acres, and each must comply fully with § 224-27E(3). The Planning Board may impose such additional conditions as it may deem necessary in approving a PURD in sections so that there is an orderly development of the entire tract in accordance with this article.
A.
All residents in a PURD shall have access at all times
to all land in the development on which no structures are erected,
subject to such reasonable restrictions as the owner or owners of
the open land shall impose, except for any private lots in single
ownership with individual dwelling units and except that the roads
or other open lands in the development may, with the approval of the
Planning Board and the Board of Trustees, be dedicated to the Village
or other public authority.
B.
If any of the dwelling units in a PURD are to be in
individual ownership, appropriate provisions shall be made, acceptable
to the Village Attorney and the Planning Board, for the ownership
and maintenance of the common open space, assuring that the land will
continue open as contemplated in this article and suitably maintained.
