The Planning Board may approve planned unit developments in PAD Districts subject to §§
140-44 and
140-45 and the requirements as set forth below for such uses.
The purpose of a planned unit development is
to permit the Village of Harriman to encourage the following:
A. That variety and flexibility in land development for
residential purposes and uses complementary thereto that are necessary
to meet those changes in technology and demand that will be consistent
with the best interests of the entire Village.
B. The more efficient allocation and maintenance by private
initiative of common open space adjacent to new residential areas.
C. The more efficient use of those public facilities
required in connection with new residential development.
Uses permitted in a planned unit development
may include and shall be limited to:
A. Dwelling units in single-family detached dwellings, two-family dwellings,
townhouses or multifamily structures or any combination thereof, and
accessory site amenities, including but not limited to follies, gazebos,
fountains and sculptures. The maximum number of multifamily units
in any planned unit development shall be 50% of the total number of
residential units in that development.
[Amended 11-13-2018 by L.L. No. 6-2018]
B. Nonresidential uses shall be permitted including religious or cultural facilities, meeting space, and recreational and/or commercial uses subject to Subsection
C below, to the extent that they are designed and intended to serve the residents of the planned unit development.
[Amended 11-13-2018 by L.L. No. 6-2018]
C. Commercial uses, subject to the following regulations:
(1) No commercial use, nor any building devoted primarily
to a commercial use, shall be built or established prior to the residential
buildings or uses it is designed or intended to serve.
(2) Commercial uses shall be permitted only in planned
unit developments which contain at least 100 dwelling units.
[Amended 11-13-2018 by L.L. No. 6-2018]
(3) Total square footage per individual commercial use
shall not exceed 20,000 square feet.
[Amended 11-13-2018 by L.L. No. 6-2018]
(4) Commercial uses shall include personal service businesses, offices,
and retail uses.
[Amended 11-13-2018 by L.L. No. 6-2018]
(a)
Restaurants with more than 20 seats and drive-in
eating establishments with drive-through service, excluding luncheonettes.
(b)
Auto repair, auto sales and gasoline service
stations.
[Amended 11-13-2018 by L.L. No. 6-2018]
Application to the Planning Board for a planned
unit development may be made only if the tract of land proposed to
be developed as a planned unit development will contain at least 50
or more dwelling units, which tract is under the ownership of a single
owner or entity and is in accord with the requirements of this section
of this chapter.
A. All dwelling units and accessory recreation and commercial
uses in the planned unit development shall be served with central
water and central sewerage systems.
B. The maximum number of dwelling units that may be approved in a planned unit development shall be computed by subtracting from the total gross area a fixed percentage of 20% of said area and dividing the remaining 80% of said gross area by the minimum land areas required under in Column 2, "Minimum Land Area per Dwelling Unit," of the table in Subsection
F below for the permitted residential uses proposed in the planned unit development. In computing the maximum number of lots that may be created, any lands which are subject to flooding, occupied by public utility easements in such a manner as to prevent their use and development, proposed to be used for religious or cultural institutions or proposed to be used for commercial purposes shall not be considered to be part of the total gross area.
C. Setbacks, as required by the Schedule of District
Regulations, shall apply to the outer boundary of the PUD. Individual
buildings shall be set back from all internal roads, other than alleys
and service drives providing access to residential units, a minimum
of 10 feet from the edge of pavement but not within any right-of-way,
and building separation shall meet applicable New York State building
codes.
D. The provisions of §
140-19 shall not apply to a planned unit development.
E. The Planning Board may limit the number of dwelling
units to be constructed during any one calendar year to a reasonable
number in accordance with available community facilities. Said number
of dwelling units shall be detailed as part of the Planning Board's
approval in order to control the growth of the community to the extent
that public facilities, such as roads, schools, utilities, etc., will
not be adversely affected to the extent that substantial damage will
occur to these facilities or that they will not be capable of serving
the public in an adequate manner.
F. All requirements of the following schedule of regulations
must be adhered to by the developer of a planned unit development:
Dwelling Type
|
Minimum Land Area per Dwelling Unit
(square feet)
|
Minimum Recreation Area per Dwelling Unit
(square feet)
|
---|
Single-family detached
|
10,000
|
2,000
|
Single-family attached/townhouse
|
4,000
|
1,000
|
Two-family
|
5,000
|
1,000
|
Multifamily
|
3,000
|
750
|
G. At least 20% of the gross area of the planned unit
development shall be devoted to common, usable open space. In such
an area, both active and passive recreational uses shall be permitted,
including golf courses, ballfields, tennis and basketball courts,
pools, wooded areas, walking trails and picnic groves. All recreation
facilities shall be owned by either the Village of Harriman or by
a homeowners' association set up by the developer and controlled
ultimately and in perpetuity by the residents.
H. In reviewing a planned unit development, the Planning
Board shall consider the following items before approval is granted:
(1) The structures should blend into the overall development of the areas
surrounding the planned unit development. A unified architectural
design shall be presented to the Planning Board for the entire PUD.
(a)
Building facades should be treated with wood, brick or stone,
or man-made materials that appear like wood, brick or stone. No stucco
is permitted.
(b)
Buildings longer than 75 feet shall be broken up architecturally
with recesses and projections to reduce the visual mass of the building.
(2) Interior roads, other than alleys and service drives providing access
to residential units, shall maintain a minimum pavement width of 30
feet where parking is permitted on one side of the road and a minimum
of 22 feet of pavement shall be maintained where on-street parking
is prohibited and shall comply with New York State/ICC fire codes;
road widths shall be a minimum of 26 feet (exclusive of shoulders)
where a fire hydrant is located in accordance with New York State/ICC
fire codes; ingress and egress to the development shall not create
traffic hazards; and pedestrian and vehicular traffic shall be separated
to the maximum extent possible.
(3) The planned unit development shall be in proximity
to major existing traffic arteries, such as state or county roads,
which are capable of accepting the additional traffic generated by
a planned unit development.
(4) Utilities, drainage, sanitary sewers, water, etc.,
shall be adequate to accept the proposed development.
(5) Off-street parking shall be provided as required by the Schedule
of District Regulations. Up to 10% of the total parking requirement may be land-banked.
The area of land-banked parking must be shown on the site plan and
rough-graded until such time as it may be needed. Stormwater management
and landscaping must be designed to accommodate the full build-out
of the area. The Building Inspector may require any land-banked parking
to be constructed within 12 months of written notice to the property
owner.
(6) The planned unit development shall be landscaped throughout.
A planned unit development shall be organized
as either a homes association approved by the Village Attorney and
Village Board or the common open space of the planned unit development
shall be deeded to the Village for public purposes simultaneously
with the granting of final subdivision approval.
A. Whenever a homes association is proposed, the Village
Board shall retain the right to review and approve the articles of
incorporation and the Charter of said homes association and to require
whatever conditions are deemed necessary to ensure that the intent
and purpose of this chapter is carried out. The homes association
of the planned unit development shall meet, in part, the following
conditions:
(1) A homes association shall be established as an incorporated,
nonprofit organization operating under recorded land agreements through
which each lot owner is automatically a member of the association
as stated in the deed for each lot of the planned unit development.
(2) Title to all common property, exclusive of land set
aside for public schools, shall be placed in the name of the homes
association.
(3) Once established, all responsibility for operation
and maintenance of the common land and facilities shall be with the
homes association.
(4) Resubdivision of common areas is prohibited, and the
deeds shall be so drawn.
(5) The homes association shall be perpetual, shall purchase
insurance, shall pay taxes, shall specify in its Charter and bylaws
an annual homeowner's fee and provision for assessments and shall
establish that all such charges become a lien on each property in
favor of said association. The association shall have the right to
proceed in accordance with all necessary legal action for the foreclosure
and enforcement of liens, and it shall also have the right to commence
action against any member for the collection of any unpaid assessment
in any court of competent jurisdiction.
(6) The developer shall assume all responsibility for
the homes association as previously outlined until a majority of the
dwelling sites are sold or rented, at which time the homes association
shall be automatically established.
(7) Prior to the issuance of site plan approval by the
Planning Board, the developer shall file a performance bond with the
Village Board to insure the proper installation of all recreation
and park improvements shown on the site plan and a maintenance bond
to insure the proper maintenance of all common lands until the homes
association is established.