Village of Johnson City, NY Article 65 Planned Unit Development District (PUD)

§ 300-65.1 Purpose.

The Planned Unit Development (PUD) Zoning District allows for an alternative process to develop a unified and integrated development plan in the Town or Villages. PUD Zoning Districts promote flexible development opportunities that would not otherwise be possible through the strict application of the land use and development regulations of this chapter, and allow diversification in the uses permitted and variation in the relationship of uses, structures, and open spaces. The PUD District results in a cohesive and unified project based on unique standards and regulations developed for a particular site or sites. Planned Unit Development Districts shall achieve the following objectives:

A. An alternative development pattern in harmony with the objectives of various Town, Village and regional land use and development plans.

B. A creative use of land and related physical development allowing an orderly transition from one land use to another.

C. Diversification in the uses permitted and variation in the relationship of uses, structures, open spaces and height of structures in developments conceived as cohesive unified projects.

D. Unique standards for site and building design.

E. The preservation and enhancement of desirable site characteristics, such as open space, natural topography, vegetation and geologic features and the prevention of soil erosion.

F. To encourage a more efficient and economical arrangement of land uses, buildings, circulation system and utilities, resulting in a smaller network of utilities and streets and a lessened burden of traffic on streets and highways.

§ 300-65.2 Location.

The Planned Unit Development District shall be applicable to any area of the Town or Villages where the applicant can demonstrate that the characteristics of the development will satisfy the intent and objectives of this chapter. Where a PUD District is deemed appropriate, the rezoning of land to a Planned Unit Development District will replace all uses and dimensional specifications contained elsewhere in this chapter. The PUD District shall be defined as all contiguous parcels zoned PUD including associated streets or rights-of-way. A planned unit development plan must be reviewed and approved on an individual basis, separately from neighboring planned unit developments.

§ 300-65.3 District ownership.

All owners of the parcel or parcels included in the planned unit development plan (PUD plan) shall be included as joint applicants on the initial PUD application.

§ 300-65.4 Area requirements.

A. No Planned Unit Development District shall be established having an area of less than 10 contiguous acres within the Town or two contiguous acres within the Villages.

B. Open space requirements for individual PUD plans.

(1) Not less than 25% of the total area shall be set aside for common open space. In general, open space shall achieve the following:

(a) Protect and preserve floodplains, wetlands, steep slopes, or watercourses, etc.

(b) Protect any historic, archeological or cultural resources listed on the national, state, county, or local historical registers.

(c) Protect any mature woodlands, meadows, or ecologically sensitive areas for wildlife habitat.

(d) Provide an upland buffer area adjacent to any streams, wetlands, or surface water to protect native species vegetation.

(e) Landscape common areas such as islands and new streets.

(f) Open space intended for recreation or public use shall be so located to be accessible to pedestrians.

(g) The suitability of open space for recreational or public use shall be determined by its visibility from a significant number of units or length or number of public or private streets.

(2) Disposition requirements.

(a) Ownership shall be held by the developer(s), or in corporate ownership by the owners of the lots or dwelling units within the development, if the open space is reserved for private use.

(b) Such common open space shall be set aside as a deed restriction for a specific period of time or conservation easement in perpetual ownership. The maintenance of common open space and recreation areas and maintenance and replacement of approved landscaping shall be guaranteed in a form approved by the Municipal Attorney.

(c) Lands dedicated as open space, park, or recreation shall be noted on the plat map, deed description filed and referenced.

(d) The legal instruments used to convey ownership, use, and maintenance shall be established and filed of record, prior to the conveyance of any subdivision lots.

(e) Resubdivision and/or development of any dedicated open space recorded on the plat is prohibited.

§ 300-65.5 Use requirements.

A. Permitted uses. A Planned Unit Development District shall include a mixture of uses including, but not limited to, two or more of the following: residential, commercial and industrial.

[Amended 3-6-2012 by L.L. No. 1-2012]

(1) Any use that is not expressly prohibited in § 300-65.5B, but not specifically permitted by right as a commercial, light industrial, or residential use, may be approved by the governing body at its sole discretion upon application by the property owners.

(2) For purposes of this section, varied residential development (single-family detached, single-family attached, two-family, multifamily) may be considered separate uses.

B. Prohibited uses. The following uses are prohibited in the PUD District:

	Adult entertainment business
	Automobile-related business including, but not limited to, automatic and coin car washes; automobile dealership, new or used; vehicle body/fender work; gasoline service stations; service stations; automobile sales or rental; motor vehicle repair garages
	Blacksmithing
	Boilerworks
	Cemeteries
	Contractor's and building material storage
	Creamery
	Food processing plant
	Foundries
	Gasoline storage tanks
	Junkyard
	Laundries and dry-cleaning plants
	Lumber/saw mill
	Mobile homes
	Refineries
	Shoe manufacturing
	Stone crushing
	Vehicle manufacturing

§ 300-65.6 Additional requirements and standards.

A. The requirements and standards for a Planned Unit Development District plan shall be specifically determined for each individual project. The area, setback, density and height requirements shall be proposed by the developer and shall be subject to the approval of the Planning Board and governing board. Following the approval of a PUD District plan, the accepted requirements shall regulate the PUD District. At a minimum, the application for a PUD District shall include:

(1) Purpose statement that includes how the project meets the objectives of this chapter;

(2) Uses;

(3) Lot, area and yard dimensions;

(4) Densities and floor area ratios;

(5) Building characteristics;

(6) Open space;

(7) Parking; and

(8) Additional requirements and data may be required by the Planning Director and shall be submitted with the application.

B. Planned Unit Development Districts shall be served adequately by, and shall not impose an undue burden upon, essential public facilities and services, such as highways, streets, traffic control signals and devices, streetlighting, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools. Where any such facility or service is not available or adequate to service the Planned Unit Development District, the applicant shall be responsible for establishing his/her ability, willingness and binding commitment to provide such facilities and services.

C. All easements to be recorded in connection with a Planned Unit Development plan shall not be modified, removed or released without the express consent of the governing body and may be enforced by the Town or Villages.

§ 300-65.7 Required documents.

A. Conceptual development plan. The developer or agent shall submit 15 copies of the conceptual development plan to the Planning Department for Planning Board review. The plan shall be prepared by a licensed engineer, architect, landscape architect or surveyor as appropriate and shall include the following:

(1) The proposed location of:

(a) Specific land uses within the PUD District;

(b) Vehicular and pedestrian circulation systems;

(c) Extent of public and private open space;

(d) Extent of utility systems; and

(e) Residential and nonresidential structures.

(2) Proposed phasing plan for the project.

(3) The overall maximum density of residential uses and intensity of nonresidential uses.

(4) The existing and proposed ownership and management of the Planned Unit Development District, including the buildings, landscaped areas and open spaces.

B. Preliminary development plan. The developer or agent shall submit 15 copies of the preliminary development plan to the Planning Department for Planning Board and Town/Village Board review. The plan shall be prepared by a licensed engineer, architect, landscape architect or surveyor as appropriate and shall include the following:

(1) Fifteen sets of preliminary professional drawings/plans, the PUD application form, the rezoning application form, Part I of the long environmental assessment form, the project narrative and other required information.

(2) Filing fee as determined by the governing body.

(3) Preliminary development plans illustrating:

(a) The proposed name and location of the development, name of developer and name of person who prepared the plan.

(b) A scale no greater than one inch equals 100 feet.

(c) The name, date, North arrow, and scale of each map.

(4) The proposed location of:

(a) Specific land uses within the PUD District;

(b) Vehicular and pedestrian circulation systems;

(c) Extent of public, private, and dedicated open space;

(d) Extent of utility systems; and

(e) Residential and nonresidential structures.

(5) Proposed phasing plan for the project.

(6) The overall maximum density of residential uses and intensity of nonresidential uses.

C. Final development plan. The developer or agent shall submit 10 copies of the final development plan to the Planning Department for review by the Planning Board. All plans shall be clearly and legibly drawn or printed or reproduced by a process guaranteeing a permanent record, which will permit reproduction. The plans shall be prepared by a licensed engineer, architect, landscape architect or surveyor as appropriate and shall include the following:

(1) All drawings and plans. All drawings shall denote the following:

(a) The proposed name, and location of development, name of developer and name and stamp of the person who prepared the plans.

(b) Drawings on sheets a maximum size of 24 inches by 36 inches.

(c) A scale no greater than one inch equals 100 feet.

(d) The name, date, North arrow, and scale.

(e) Existing streets, buildings, easements, water bodies, streams, drainage channels, floodplains and base flood elevation and railroad rights-of-way.

(f) Open space and parkland including, at a minimum, the following information:

[1] Minimum percentage.

[2] Ownership.

[3] Maintenance.

[4] Location of proposed dedicated open space, eventually to be described and recorded with the deed.

(g) Proposed streets, indicating which are to be private and which are to be deeded to the Town or Village.

(h) Building plans (including footprints, elevations, and floor plans) and designated uses.

(i) Off-street parking, loading and stacking areas.

(j) Landscaped areas (including plant type, location, and size), open space, recreation, and screening.

(k) Signs.

(2) Construction improvement plan. The following information shall be denoted on the construction improvement plan:

(a) Location of existing water mains, hydrants, sanitary sewers, storm sewers, culverts or drains located adjacent to and on the property to be developed.

(b) Profiles and details for all street work, storm drainage channels, structures and systems, retaining walls or other improvements to support cut slopes and embankments, bridges, sewer lines, culverts, fire hydrants and any other underground utilities.

(c) Easements for existing and proposed utilities, if applicable.

(d) Improvements, such as curbs and gutters, streetlighting, sidewalks, fences, gates and driveways, shall be shown if the improvements are required by the Planning Board.

(e) Profiles showing existing and proposed elevations along the center lines of streets shall be shown;

(f) Where a proposed street intersects an existing street or streets, the elevation along the center of the existing street or streets, within 100 feet of the intersection, shall be shown.

(3) Grading and drainage plan. The following information shall be denoted on the grading and drainage plan:

(a) Existing and proposed contour lines at an interval no greater than five feet.

(b) The location of all approved open channels, swales and natural overland flows.

(c) Pre- and post-stormwater runoff drainage computations, pre- and post-development velocities, peak rates of discharge, storage volumes and surface area requirements for controlling stormwater runoff at all points of discharge.

(d) Pertinent existing natural features, such as wetlands, outstanding trees and outlines of densely wooded areas.

(e) Erosion control measures, both long-term and short-term, sediment control measures, stormwater management facilities (temporary or permanent) shown during and after construction and construction sequencing.

(f) The stormwater pollution prevention plan and/or erosion and sediment control plan shall meet the requirements under 40 CFR Part 122.22(b)(15) of the Clean Water Act. A Stormwater Pollution Prevention Plan (SWPPP) consistent with the requirements of Articles I and II of Chapter 171, Erosion and Sediment Control, shall be required for final PUD development plan approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 171, Erosion and Sediment Control. The approved final PUD development plan shall be consistent with the provisions of Chapter 171, Erosion and Sediment Control of the Town Code, Chapter 238 of Johnson City's Code and Chapter 213 of Endicott's Code.

(4) Engineering feasibility studies of any anticipated problems, which might arise due to the proposed development, shall be submitted if requested by the Planning Board.

§ 300-65.8 PUD District process.

A. Purpose. The provisions of this section establish special procedures for amending this chapter to permit the mapping of Planned Unit Development Districts. The procedures herein established are intended to substitute procedural protections for substantive regulations in recognition of the fact that traditional density, bulk, spacing and use regulations, which may be useful in protecting the character of substantially developed and stable areas, may impose inappropriate preregulations and rigidities upon the development or redevelopment of parcels or areas which lend themselves to an individual, planned approach.

B. Authority. The Zoning Map may be amended from time to time, by local law duly enacted by the governing body, to provide for Planned Unit Development Districts; provided, however, that no such amendment shall be enacted except in accordance with procedures herein established and the applicable standards and regulations established by Article 63, Site Plan Review, and Chapter 181, Subdivision of Land, in the Town's Code and Chapter 244, Subdivision of Land, in the Johnson City Code.

C. General overview of procedure. The following outlines the process required to obtain approval for a Planned Unit Development District in the Town or Village. In general, the process includes the following steps; additional information on each step is outlined in this section.

(1) Step 1: conceptual development plan approval (optional). The applicant submits a conceptual development plan and discusses the information on an informal basis with the Planning Director, Code Enforcement Officer, and Municipal Engineer. Following the review of the concept plan, the Planning Director has the discretion to present the concept plan to the Planning Board and governing body for comment.

(2) Step 2: preliminary development plan approval. The applicant submits a preliminary development plan to the Planning Board (along with a rezoning application to the governing body) for an advisory opinion. The plans are transmitted to the governing body for approval or denial of the rezoning and preliminary plan following a public hearing by the governing body, if applicable.

(3) Step 3: final development plan review. The applicant incorporates conditions into plans for final development site plan or subdivision plat review by the Planning Board. If the plans are in substantial conformity, final approval is granted.

D. Procedure.

(1) Conceptual development plan approval (optional). The applicant has the option to discuss the proposal with the Planning Department by submitting a conceptual development plan. The following outlines the conceptual development plan approval process.

(a) The plan should include the following information: proposed uses, vehicular and pedestrian circulation system, building placement, existing and proposed utilities, drainage and proposed private and public open space.

(b) The plan will be reviewed by the Planning, Code Enforcement and Engineering Departments, as appropriate, which may meet jointly to discuss the project.

(c) The conceptual plan review may be placed on the Planning Board's agenda at its regularly scheduled meeting to discuss the review process and offer recommendations for the plan.

(d) The applicant may, at its option, submit the preliminary development plan in lieu of a less-detailed conceptual development plan with the submission of the Planned Unit Development District rezoning application and planned unit development plan application. In such case, the applicant shall comply with all provisions of this chapter applicable to submission of the preliminary development plan and to submission of the final development plan.

(e) The Planning Department and Planning Board may offer recommendations and suggestions on potential issues and alterations that should be considered by the applicant. The applicant can use this information in preparing the preliminary development plan as part of the application process.

(2) Preliminary development plan review. The preliminary development plan offers the applicant the opportunity to provide preliminary details to the Planning Department and Planning Board on the design and layout of the project. By providing the preliminary site layout, circulation patterns, densities, setbacks and other proposed regulations, the applicant will have the opportunity to discuss and amend the preliminary development plan before finalizing the PUD plan.

(a) Submission of preliminary development plan.

[1] The applicant shall submit 15 sets of preliminary professional drawings/plans, the PUD application form, the rezoning petition form, the long EAF, the project narrative, and the application fee as defined under Code to the Planning Department.

[2] The Planning Department will refer the PUD/rezoning application to:

[a] The Planning Board for its advisory opinion, and

[b] The Town/Village Board. The Town/Village Board shall:

[i] Declare lead agency for the rezoning.

[ii] Refer the application back to the Planning Department to commence the 239 review, if required, and distribute the plans and application to other interested agencies, including Engineering, Water Department, Fire Department, and Code Enforcement. (At this time, the Planning Department may ask for additional copies of the plans, as justified and needed for review by other interested agencies.)

[3] If the development requires the subdivision of land or installation of public streets and/or utilities, an application for subdivision approval can be made. The preliminary development plans shall be subject to the applicable sections under Chapter 181, Subdivision of Land, in the Town Code and Chapter 244, Subdivision of Land, in the Johnson City Code.

[4] The review procedures for rezoning, PUD and site plan/subdivision plat can run concurrently, with the applicant acknowledging that the property is still subject to rezoning approval.

(b) Action by Planning Board.

[1] The Planning Board shall review and study the preliminary development plan and consider the comments of other agencies.

[2] Within 60 days of receiving the preliminary development plan application, the Planning Board shall make its recommendations on the preliminary development plan. The recommendation can include one of the following:

[a] Approve the plans as submitted.

[b] Approve the preliminary plans with conditions. The Planning Board may impose changes or conditions, which shall be incorporated into the final plans.

[c] Disapprove of the plans. In the event of disapproval of the preliminary PUD plans, the Planning Board shall state its reasons for opposition in writing.

[3] The failure of the Planning Board to act within 60 days, or such longer period as may be agreed to by the applicant, shall be deemed a recommendation for the approval of the preliminary development plan as submitted.

[4] The Planning Board shall transmit its recommendation to the governing body for consideration in the rezoning application made as part of the preliminary development plan application for the property.

(c) Action by governing body.

[1] The governing body shall follow regulations under SEQRA.

[a] Make a SEQR determination of type of action (if Type I, determine whether an EIS or long EAF will suffice).

[b] If EIS is not required, call for a public hearing to be held following the thirty-day review period. (The Planning Department will prepare public notices for paper and sign posting to be posted a minimum of 10 days prior to hearing, and will prepare Part II of EAF.)

[2] The governing body shall review and study the preliminary development plan and consider the comments of other agencies. Attention will be given to the arrangement of uses and buildings, the relationship to the topography of the land, other factors, such as vegetation, wetlands, floodplains, sewage disposal, drainage, water needs, trip generation, recreation/open space areas and such concerns as may be appropriate.

[3] Following the thirty-day 239 review period, if required, and receipt by the governing body of the report of the Planning Board, or its failure to act as above provided, the governing body shall conduct a public hearing on the preliminary development plan and rezoning application.

[4] Within 30 days of conclusion of the public hearing, the governing body shall:

[a] By local law duly adopted, approve the preliminary development plan, with or without modifications to be accepted by the applicants as a condition of such approval, and amend the Zoning Map of the Town or Village to designate the area included in the approved plan as "The ____ Planned Unit Development"; or

[b] Refer it back to the Planning Board for further consideration of specified matters; or

[c] Deny the preliminary development plan.

[5] In the event that the governing body, prior to the expiration of the time limit herein specified for its refusal or adoption of the proposed amendment, requests further information from the applicant, the time limit for its refusal or adoption of the proposed amendment shall be extended to 60 days.

[6] In the event that the governing body shall fail to act within the time limit herein specified, the preliminary development plan shall be deemed denied.

[7] Within 10 business days of the governing body's action, or its failure to act as above provided, the Planning Director shall:

[a] Mail notice of the decision to all parties entitled.

[b] File a copy of the entire preliminary development plan in the permanent records of the Planning Department.

[c] File the preliminary development plan with the Municipal Clerk.

[8] If the preliminary development plan is approved with conditions, the Zoning Map shall not be amended until the applicant has filed with the Planning Director written consent to such conditions.

[9] In the event that a preliminary development plan is approved, or approved with conditions acceptable to the applicant, no development shall be permitted unless and until a final development plan has been submitted and approved in accordance with the provisions of this chapter.

(3) Final development plan approval. The final development plan incorporates the specific conditions outlined during the preliminary development plan approval process. Inclusion of the approval conditions will allow the project to move forward in a timely manner; the application process includes a mechanism to streamline the approval so the project can move forward.

(a) All final development plan approvals shall require site plan approval as set forth in Article 63, Site Plan Review, of this chapter. If applicable, both processes can run concurrently.

(b) If the Planning Board finds substantial conformity and finds the final development plan to be in all other respects complete and in compliance with any conditions imposed by approval of the preliminary development plan, the Planning Board shall approve the final development plan. A final development plan shall be deemed not to be in substantial conformity with an approved preliminary development plan if it:

[1] Exceeds by more than 10% the maximum parking, height, lot coverage, yard requirements or changes in land use percentages (besides arrangement of land use), approved for the preliminary Planned Unit Development plan;

[2] Changes in housing type;

[3] Reduction in open space;

[4] Decreases by more than 10% the area approved for public and private open space or significantly changes the general location of such areas;

[5] Substantially relocates approved public circulation elements to any extent that would significantly decrease their functionality; adversely affect their relation to surrounding lands and circulation elements; or significantly reduce their effectiveness as buffers or amenities;

[6] Significantly alters the arrangement of land uses within the Planned Unit Development District;

[7] Provides for uses not included in the approved preliminary development plan; or

[8] Exceeds the maximum density for residential uses, as approved on the preliminary plan, and the maximum floor area ratio for nonresidential uses.

(c) Any changes to the proposed phasing plan submitted with the preliminary plan shall be submitted with the final development plan.

(d) If expressly authorized by the approval of the final development plan, the applicant may, pursuant to and subject to the limitations of the applicable codes and ordinances of the Town, apply for and receive building permits for model buildings, residential or commercial, that would be used for the express purpose of showing typical structures to be developed in the PUD. These buildings can only be constructed within the area of the Planned Unit Development District as approved and upon issuance of a building permit.

(e) Within one year of approval of the final development plan, or a time frame agreed to by the Planning Board and the applicant, the applicant shall make application for appropriate building permits for the planned unit development.

§ 300-65.9 Revision to PUD Districts.

A. Adjustments to final development plan during development. During the development of an approved PUD, the Planning Department may authorize minor adjustments to the final development plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following:

(1) Altering the location of any one structure or group of structures by not more than 10 feet or 0.1 of the distance shown on the final development plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the Planned Unit Development District, whichever is less.

(2) Altering the location of any circulation element by not more than 10 feet or 0.1 of the distance shown on the final development plan between such circulation element or any structure, whichever is less.

(3) Altering the boundary of any open space (other than dedicated open space) by not more than 50 feet, provided that the total amount of open space is not reduced by more than 5%.

(4) Reducing the yard area or open space associated with any single structure by not more than 5%.

(5) Altering any final grade by not more than 5% of the originally planned grade.

B. Amendments to final development plan. In addition to the adjustments authorized by the Planning Department, an approved final development plan may be amended or varied by submitting a new site plan to the Planning Board. The process for final development plan approval shall be followed for all amendments.

C. Approval revoked. The following changes to an approved Planned Unit Development District are considered significant, and any approval of the PUD District shall be revoked and the approval process begun again. Revisions for which this shall apply include:

(1) Any change which shall require additional roads or utilities or cause the required number of parking spaces to increase by 15% or more or will cause any change in the SEQR determination.

(2) Any reduction in common or public open space (other than dedicated open space) by more than 15%.

(3) Any change in use included in the proposed development.

(4) Any increase in the gross floor area of 15% or more in an industrial or commercial development.

(5) An increase in density of 15% or more in residential developments or a change of housing type, even though the density may not increase. Changes in the tenure shall not be considered a significant change.

§ 300-65.10 Limitations to approvals.

A. Within one year after the approval of a final development plan, or such other time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan.

B. Failure to commence construction within such period shall, unless an extension shall have been granted, automatically render void the final development plan approval and all permits based on such approvals. In addition, such documents shall require time expiration and reverter language to remedy nonperformance.

§ 300-65.11 Enforcement.

A. If the Building Official finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the final development plan as finally approved, he/she shall immediately notify the governing body of such fact and issue an order stopping any or all work on the Planned Unit Development District until such time as any noncompliance is cured.

B. Within 60 days of such notice, the governing body shall either:

(1) Revoke, by local law, the final development plan approval and direct the Building Official to initiate appropriate amendment procedures to return the affected area of the Planned Unit Development District to an appropriate zoning classification;

(2) Take such steps as it shall deem necessary to compel compliance with the final development plan as approved; or

(3) Require the owner or applicant to seek an amendment of the final development plan.

§ 300-65.12 Appeal.

An appeal from any final decision regarding the Planned Unit Development District may be filed by any person aggrieved or by any authorized officer, department, board or commission of the Town or Village in accordance with Article 78 of the New York Civil Practice Law and Rules.