This article permits the establishment of a use classification
entitled "Planned Unit Development" (PUD), with the following objectives:
A.
Creation of a more desirable community environment than would be
possible through strict application of zoning regulations found elsewhere
in this chapter.
B.
Innovation and variety in the type and design of residential development,
providing a wide choice of living environment, occupancy tenure, and
housing cost.
C.
Open space allocation and maintenance by private initiative as an
integral part of residential development.
D.
Efficient use of a site to facilitate adequate and economical construction
and maintenance of streets and drainage facilities, and water supply
and sewage systems.
E.
Preservation and enhancement of community natural resources such
as water bodies, wetlands, forests, significant topographic and geologic
features, and other areas of scenic and ecological value.
A.
The minimum site area for a planned unit development shall be 25
contiguous acres. A PUD may be located within any zoning district
in the Town. The PUD shall be a special use in all districts and shall
require Planning Board review and approval of a site plan.
B.
Not less than 35% of the gross area of a PUD District shall be devoted
to common open space. Such land is to be owned or controlled jointly
by all residential property owners within the PUD District and is
to be used for recreational purposes or preserved in its natural state.
The common open space shall include lands having significant ecological,
aesthetic, and recreational characteristics, with topography, shape,
dimension, location, access, and improvements suitable for its intended
purpose.
C.
Only buildings and structures approved by the Planning Board on a
site plan may be built.
The applicant must initially submit a conventional subdivision plan, using all current regulations and restrictions, including § 310-5.4, Environmental constraints, of this chapter, to the Planning Board to be used in calculating the maximum number of units allowable, less any land required for nonresidential land uses. Under no circumstances shall the number of units approved in the PUD be in excess of this number. The maximum number of dwelling units shall not be approved if in the judgment of the Planning Board the site plan does not indicate adequate design and management of open space areas according to the following criteria:
With the exception of minimum lot areas, lot widths, side yards,
building heights, front yards, and rear yards, the PUD shall comply
with all other provisions of this chapter as well as subdivision plat
approval.
All uses situated in a PUD shall be served by public or private
water, gas and sewer systems. All water, sewer, and gas lines, power,
telephone, cable and other communication services shall be installed
underground in compliance with state and local regulations.
A.
The land proposed for a PUD may be owned, leased or controlled by
an individual, corporation, or by a group of individuals or corporations.
All applications shall be filed by the entire ownership entity and
shall be binding on them.
B.
Restrictions and covenants shall be established and filed of record
prior to conveyance of any lots.
A.
Organization of a planned unit development.
(1)
The PUD shall be organized as a homeowners' association which
must be approved by the Town Board, the State Attorney General, the
Federal Housing Administration and any other required entity for mortgage
insurance as a planned unit development.
(2)
The Town Board shall review and approve the articles of incorporation
and the charter of said homeowners' association to ensure that the
purpose and objectives of this legislation are carried out.
B.
Requirements of a homeowners' association. The homeowners' association
must:
(1)
Be established as an incorporated nonprofit organization operating
under recorded land agreements through which each lot owner or homeowner
and any succeeding owner is automatically a member, and each lot owner
or homeowner is automatically subject to a charge as provided in the
charter of the homeowners' association.
(2)
Title to all common property, exclusive of land set aside for
public schools, shall be placed in the homeowners' association, or
definite and acceptable assurance shall be given that it automatically
will be so placed within a reasonable period of time to be determined
by the Planning Board.
(3)
Each lot owner shall have equal voting rights in the association
and shall have the right to the use and enjoyment of the common property.
(4)
Once established, all responsibility for operation and maintenance
of the common land and facilities shall lie with the homeowners' association.
(5)
Dedication of all common land areas shall be recorded directly
in the site plan or subdivision plat, or shall be referenced on the
plat to a dedication in a separately recorded document. Resubdivision
of such areas is prohibited. The dedication shall:
(a)
Save the title to the common property to the homeowners' association
free of any cloud of implied public dedication;
(b)
Commit the developer to convey the areas to the homeowners'
association at the approved time to be determined by the Planning
Board;
(c)
Grant easements of enjoyment over the area to the lot owners
or homeowners;
(d)
Give the homeowners' association the right to borrow for improvements
upon the security of the common areas; and
(e)
Give the homeowners' association the right to suspend membership
rights for nonpayment of assessment or infraction of published rules.
(6)
The homeowners' association's life shall be perpetual, and it
shall purchase insurances, shall pay taxes, shall specify in its charter
and by-laws an annual homeowner's fee and provision for assessments,
and shall establish that all such charges become a lien on each property
in favor or 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 also shall have the right to commence
action against any member for the collection of any unpaid assessments
in any court of competent jurisdiction.
(7)
The developer shall assume all responsibilities as previously
outlined for the homeowners' association (HOA) until a majority of
the dwelling sites or units are sold, at which time the HOA shall
be established automatically.
C.
Deeds. Each deed to each lot sold shall include by reference all
recorded declarations, such as covenants, dedications, and other restrictions
(including assessments and the provisions for liens for nonpayment
of such).
A.
Prior to site plan approval, the developer shall file with the Planning
Board a performance bond to ensure the proper installation of all
park, recreation and common area improvements shown on the site plan,
and a maintenance bond to ensure proper maintenance of all common
lands until the homeowners' association is established. The amount
and period of said bonds shall be determined by the Planning Board,
and the form, sufficiency, manner of execution, and surety shall be
approved by the Town Attorney and the Planning Board. The Planning
Board may require an escrow account be established to remediate any
condition during construction that is determined to be detrimental
to public health, safety or welfare.
A.
An applicant proposing a PUD must come before the Planning Board
with a preliminary plat detailing the proposed development. Said preliminary
plat shall be in sufficient detail and at a sufficient scale to allow
the Planning Board to determine whether the project may progress further.
B.
If the Planning Board determines a project meets the purposes and
objectives enumerated earlier in this article, the applicant shall
be instructed to prepare a site plan in accordance with site plan
review provisions of this chapter. Said site plan shall include areas
within which buildings and structures are proposed to be located,
the height and spacing of buildings, open spaces and landscaping,
off-street parking, open and enclosed parking spaces, drawings and
any other physical features relevant to the proposed plan.
C.
When the Planning Board receives the site plan, it shall forward
a copy of said site plan and all information and correspondence regarding
the project to the Town Board for its review. The Town Board shall
review the project simultaneously with the Planning Board.
D.
A public hearing for site plan approval and for a zoning change approval
shall be held within 62 days of receipt of a complete site plan. Said
hearings may be held simultaneously if the Town so wishes.
E.
Within 62 days after the public hearing, the Planning Board shall
act to approve or disapprove the site plan. If the Board approves
the site plan, it shall forward a recommendation for a zoning change
approval to the Town Board. The Town Board shall then act to approve
or disapprove the zoning change to create a PUD via a resolution.
Such action shall have the effect only of granting permission for
development of the specific proposal, in accordance with this chapter
within the area so designated, with the specification, plans and elevations
submitted.
F.
Nonresidential uses may be allowed, or required, where such uses
are designed to service the residents of the PUD.
