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.
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.
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.
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.
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
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Boilerworks
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Cemeteries
| |
Contractor's and building material storage
| |
Creamery
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Food processing plant
| |
Foundries
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Gasoline storage tanks
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Junkyard
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Laundries and dry-cleaning plants
| |
Lumber/saw mill
| |
Mobile homes
| |
Refineries
| |
Shoe manufacturing
| |
Stone crushing
| |
Vehicle manufacturing
|
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.
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:
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.
(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.
(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.
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:
[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.
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.
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.
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.
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.