[Effective 3-22-1992]
The Planned Unit Development District (PUD) is conceived and
enacted to promote and protect the public health, safety, property
values and general welfare of the Town of Hempstead. The general comprehensive
planning goals for this district, among others, are the following:
A.
To promote the most desirable and suitable use of land on sites which
are unique due to size and location.
B.
To encourage the continuation of or to establish new sports, recreational
and cultural facilities in the Town.
C.
To provide the opportunity for uses which satisfy town-wide needs
and are not otherwise available or only available in limited amounts
throughout the Town.
D.
To encourage the creation of housing, including affordable starter
and senior citizen housing, in locations which are accessible to employment,
shopping, transportation and recreational facilities so as to mitigate
potential traffic, social and economic impacts of new, large-scale
nonresidential development.
E.
To promote mixed and balanced development that will complement existing
land use and transportation patterns so as to prevent the overcrowding
of land and minimize congestion.
F.
To regulate development in such a way as to help preserve Long Island's
limited water supply and conserve other natural resources.
G.
To allow for reasonable economic uses of land, consistent with the
intent of this district and the capacity of the available infrastructure
to absorb the impacts of new development.
H.
To encourage innovation and flexibility in design while ensuring
that potential environmental impacts are minimized.
I.
To provide a plan review procedure for such uniquely large and strategically
located areas which will help to assure that their use will be most
responsive to market needs and will preserve property values.
This article shall be known and cited as the "Planned Unit Development
District (PUD)."
A.
In interpreting and applying the provisions of this article, the
rules of interpretation applicable to remedial legislation shall be
used so that the spirit and intent of this article shall be observed.
B.
In the event of a conflict between the provisions of this article
and other provisions of this Building Zone Ordinance, the provisions
of this article shall control.
The provisions of this article shall apply to the Planned Unit
Development District (PUD).
For the purpose of this article, certain terms or words have
meanings not necessarily applicable to other sections of this ordinance
and shall be interpreted or defined as follows:
A dwelling unit whose sales price or rental value is substantially
below market rate and which is to be occupied by a qualifying household.
A household whose income level does not exceed the allowable
maximum level established in § 372C of this article and,
if not a senior citizen household, does not now own and has never
previously owned a dwelling or dwelling unit.
A dwelling unit restricted in its occupancy to individuals
who are 62 years of age or older, except that a spouse under 62 years
of age who is residing with his or her spouse who is 62 years of age
or older is permitted.
A building or structure may be erected, altered or used and
a lot or premises may be used for one or more of the following purposes
and no other:
A.
Sports, recreational and cultural facilities:
(1)
Equestrian racetrack, stadium, arena, field house, playing field,
skating rink, tennis center or similar type of sports facility.
(2)
Concert hall, museum, amphitheater or similar type of recreational
or cultural facility.
(3)
Public park, sculpture garden, landscaped pedestrian area or other
similar type of public open space.
B.
Housing.
C.
Offices and research and development facilities.
D.
Hotels and motels.
E.
Convention and/or trade exposition centers.
F.
Cinemas.
G.
Retail establishments.
H.
Planned
Senior Citizen Residential Community (PSCRC).
[Effective 1-6-2004]
Accessory uses customarily associated with and clearly incidental
and subordinate to a principal permitted use shall be allowed, including:
A.
Signs in accordance with a comprehensive signage plan as may be approved
by the Town Board as part of the site plan review process.
B.
Parking and loading facilities, including parking structures.
C.
Amenity uses which are customarily accessory to principal permitted
uses and are designed exclusively to serve such uses as, including
but not limited to, dining facilities, child-care centers, convenience
retail, physical fitness facilities, etc.
D.
Utility uses and structures.
E.
A tire service station, a battery service station or a combination
thereof when accessory to the principal permitted use in § 370G
and when approved as a special exception by the Town Board of the
Town of Hempstead.
[Effective 12-13-1992]
F.
Outdoor and indoor pools subject to § 105B of this ordinance.
[Effective 5-17-1993]
A.
All permitted uses are subject to the following regulations:
(1)
Minimum area. The minimum area for a PUD shall be 150 acres of land
having contiguity, except for any dividing street, public or private,
on which such tract, or any portion thereof, may have frontage.
(2)
Ownership. The land proposed for a PUD may be owned by one or more
persons, partnerships, limited partnerships, trusts or corporations,
but must be presented as a single parcel at the time of application
for PUD Master Plan approval by the Town Board. The application shall
be jointly filed by all owners and, if approved, shall be jointly
binding on all of them and all future owners. Notwithstanding the
foregoing, the applicants may assign specific construction, operation
and maintenance responsibilities to specific lots and, upon doing
so and providing assurance to the Town, the other lots shall be relieved
of such responsibilities. Legal agreements, in a form satisfactory
to the Town Attorney, shall be provided to assure this.
(3)
Maximum floor area ratio. The maximum floor area ratio on any individual
lot for principal permitted use categories in § 370A(2)
and C through G, excluding streets and recharge basins, shall not
exceed zero and four-tenths (0.4), except as provided in § 373A(4)(b).
The maximum floor area ratio on any individual lot for the principal
permitted use category in § 370B shall not exceed zero and
four-tenths (0.4), excluding affordable housing, and zero and five-tenths
(0.5), including affordable housing.
(4)
Land use. No more than 50% of the gross floor area within an entire
PUD, including all commercial, residential, public and semipublic
buildings, but excluding parking structures, shall be devoted to uses
in any single principal permitted use category as described in § 370B
through E, except as provided in § 373A(4)(b). No more than
20% of the gross floor area within an entire PUD, including all commercial,
residential, public and semipublic buildings, but excluding affordable
housing and parking structures, shall be devoted to the principal
permitted use category in § 370G, except as provided in
§ 373A(4)(b). There shall be no more than one cinema, the
principal permitted use in § 370F, within a PUD, and it
shall contain no more than 10 screens.
(5)
Minimum open space. At least 30% of all office, research and development,
hotel, motel and housing lots shall be required to be preserved as
landscaped open space areas. For all other principal permitted use
categories, except § 370A(1) and (3), the minimum open space
on individual lots shall be at least 20%.
(6)
Recreation and parkland.
(a)
Land shall be reserved within a PUD for open space, recreation
or park purposes as determined necessary and appropriate by the Town
Board to meet the needs of residents, employees and visitors to the
site. The size, location and use of such land shall be subject to
approval by the Town Board and shall be of suitable size, dimensions,
topography and general character and shall have adequate street access
to serve its intended purpose. Not less than 5% of the gross area
of a PUD shall be set aside for such use, except that this requirement
may be reduced or waived by the Town Board where a large-scale sports
facility occupying more than 30% of the entire PUD site is approved.
(b)
All parkland reservations and their proposed ownership shall
be clearly marked on the final subdivision and site plans. Ownership
shall be established in a manner satisfactory to the Town Board so
as to assure the permanent future continuation and maintenance of
such areas in accordance with their approved use.
(7)
Buffer areas. A buffer area of at least 25 feet shall be provided
along all perimeter property lines of the PUD site, except that a
buffer of at least 40 feet shall be provided adjacent to any neighboring
park or parkway. All buffer areas shall be suitably landscaped with
grass, shrubs, trees, ground cover or other such planting as the Town
Board may prescribe. No parking area and no principal or accessory
building or use shall be located in said buffer area, except for accessways
approved as a part of the PUD master plan by the Town Board. The Town
Board may require increased perimeter buffers beyond the minimum wherever
it determines that such are warranted by the PUD's relationship to
and potential impact upon neighboring properties or land uses. Similarly,
the Town Board may reduce the minimum required buffers for lots containing
uses as set forth in the principal permitted use category in § 370A.
(8)
Off-street parking.
(a)
Each parking space described in the following sections shall
comply with all requirements of § 319D of this ordinance.
The required parking spaces may be provided on the same lot or premises
as the principal use being served or on a lot within 300 feet of the
perimeter of the lot upon which the principal use being served is
located. The joint use of parking by uses which are anticipated to
require parking at different hours of the day or on different days
of the week may be permitted if approved by the Town Board. Provisions
for handicapped parking spaces shall comply with criteria defined
by the New York State Uniform Fire Prevention and Building Code.
[Effective 9-12-1995]
(b)
Where the Town Board determines that, due to the unique nature
of a proposed use or occupancy of a property, the improvement of all
parking and/or loading spaces as required by this ordinance may not
be necessary to satisfy actual demand, said Board may waive the initial
improvement of up to 1/3 of such spaces, provided that the total number
of required spaces is shown on the approved plan; provided that the
area not to be improved is appropriately landscaped and specifically
reserved for possible future parking use (if and when needed); and
further provided that satisfactory guaranties are given for the eventual
improvement of any such spaces within six months of the date of the
mailing to the property owner of a copy of a Town Board resolution
determining that some or all of such spaces have become necessary
and must be constructed.
B.
Sports, cultural and recreation facilities are subject to the following
additional regulations:
(1)
Maximum height. No building or structure, other than a permitted
sports facility, shall exceed a maximum height of 75 feet, except
for parking or other accessory structures which shall not exceed a
height of 50 feet. A sports facility, the principal permitted use
in § 370A(1), may be permitted a maximum height of up to
130 feet.
(2)
Maximum building area. The maximum building area, exclusive of streets,
shall be 30% of the land area of each individual parcel, including
aboveground accessory parking structures, but excluding underground
parking.
(3)
Minimum setbacks. No building or structure shall be located closer
than 50 feet or a distance equal to the height of the building, whichever
is greater, to any perimeter lot line.
(4)
Off-street parking. The regulations set forth in this section and
§ 319 shall be deemed the minimum requirements and shall
apply to any building or use hereafter erected, converted, enlarged,
reconstructed, altered or moved. Minimum parking requirements for
sports, recreational or cultural facility are as follows: one space
for each four-person capacity plus two spaces for each three employees.
C.
Housing is subject to the following additional regulations:
(1)
Land area requirements. A total of not less than 10% of the gross
site area of the PUD shall be reserved and developed for housing use,
except that this requirement may be reduced or waived by the Town
Board where a large-scale sports facility occupying more than 30%
of the entire PUD site is approved.
(2)
Affordable housing. Not less than 20% of all housing units constructed
shall be affordable housing units as defined in § 369 and
1/2 of those units shall be senior citizen housing units. In general,
affordable units shall be interspersed with market rate units throughout
the site.
(3)
Density. The dwelling unit density in areas devoted to housing use
shall average approximately 25 units per acre.
(4)
Minimum setbacks. No building or structure shall be located closer
than 30 feet to any street line.
(5)
Distance between buildings. No building shall be located closer than
25 feet to any other building; however, the distance between buildings
shall not be less than one foot for every foot of building height
of the taller building, i.e., a minimum of forty-five-degree angle
shall be maintained. These minimum spacing requirements shall be doubled
between facing windows, i.e. windows facing at an angle within 30°
of parallel.
(6)
Maximum height. No building or structure shall exceed a maximum height
of 3 1/2 stories or 45 feet.
(7)
Off-street parking. The minimum parking requirement for market rate
housing units shall be one parking space per dwelling unit plus 1/2
space per bedroom, except that the requirements for market rate units
restricted in occupancy to senior citizens shall be one parking space
per dwelling unit plus 1/4 space per bedroom. The minimum parking
requirement for affordable housing units shall be 20% less than those
set forth above.
(8)
Occupancy. An affordable housing unit shall be permanently restricted
as to its sale, resale and rental so that it can only be occupied
by a qualifying household.
(9)
Housing unit sizes.
(a)
The minimum and maximum permitted net usable floor areas for
each permitted type of housing unit shall be as follows:
[Effective 12-17-2002]
|
Floor Area
| ||
|---|---|---|
|
Unit Type
|
Minimum
(square feet)
|
Maximum
(square feet)
|
|
Studio
|
450
|
700
|
|
1-bedroom
|
700
|
1,000
|
|
2-bedroom
|
900
|
1,500
|
|
3-bedroom
|
1,000
|
1,600
|
(b)
The mix of unit types, both market rate and affordable, shall
be subject to Town Board approval.
(10)
Minimum household size. The minimum and maximum size of a qualifying
household for each affordable housing unit type shall be as follows:
[Effective 12-17-2002]
|
Household Size
| ||
|---|---|---|
|
Unit Type
|
Minimum
|
Maximum
|
|
Studio
|
1
|
1
|
|
1-bedroom*
|
1
|
2
|
|
2-bedroom
|
2
|
4
|
|
3-bedroom
|
2
|
6
|
|
*NOTE: See § 372C(12)(b) below.
| |||
(11)
Income eligibility. The maximum permitted household income,
from all sources and all household members, for eligibility for a
studio, one-bedroom, two-bedroom and three-bedroom affordable housing
unit shall be 100% of the median income for one-person, two-person,
four-person and six-person households, respectively, in the Nassau-Suffolk
Region, based on currently available data from the United States Department
of Housing and Urban Development. For senior citizen affordable housing
units, the maximum permitted household income, from all sources and
all household members, shall be 80% of the above.
[Effective 12-17-2002]
(12)
Eligibility priorities.
(b)
Within each eligibility priority group as set forth above, first
priority for one-bedroom, non-senior-citizen affordable housing units
shall be given to two-person households.
(c)
A specific selection process for eligible households shall be
submitted by the applicant as a part of the site plan review process.
(13)
Maximum rental. The maximum permitted gross monthly rental,
excluding utilities, for an affordable housing unit shall not exceed
the fair market rent by unit size as established by the Department
of Housing and Urban Development for the Nassau - Suffolk Region,
except that for senior citizen housing units it shall not exceed 80%
of such amounts.
(14)
Maximum sales price. The maximum permitted gross sales price
for an affordable housing unit shall not exceed the lesser of § 372C(14)(a)
or (b) as follows, as determined by the Town Board:
(a)
A total of $125 per square foot of habitable floor space for
a studio unit, $120 per square foot for a one-bedroom unit and $115
per square foot for a two-bedroom unit. All square foot prices shall
be changed annually on April 1, beginning in 1993, to coincide with
any change in the consumer price index for all urban consumers, New
York, New York - Northeastern New Jersey, during the preceding calendar
year.
(b)
For a studio unit, not more than 1.8 times the maximum eligible
household income for a one-person household; for a one-bedroom unit,
not more than 2.0 times the maximum eligible household income for
a two-person household; and for a two-bedroom unit, not more than
2.2 times the maximum eligible household income for a three-person
household.
(15)
Continued eligibility. Applicant for affordable housing rental
units shall, if eligible and if selected for occupancy, sign a lease
for a term of no more than two years. As long as the household remains
eligible and has complied with the terms of the lease, said household
shall be offered a renewal of the lease for the same term. If a household's
income should subsequently exceed more than 20% of the maximum income
allowable, as defined in § 372C(11), or if household size
increases beyond the maximum permitted and if there is at that time
an otherwise eligible applicant, said household may complete the current
lease term and shall be offered a market rate rental unit in the development,
if available, at the termination of said lease. If no comparable dwelling
unit shall be available at such time, the household may be allowed
to sign one additional one year lease for the affordable housing unit
occupied, but shall not be offered a renewal of the lease beyond the
expiration of said term.
(16)
Resale: The title to each affordable housing unit shall be restricted
so that in the event of resale, the resale price shall not exceed
the then allowable maximum sales price for said unit as determined
in accordance with § 372C(14) above or § 372C(16)(a),
(b) or (c) below, whichever is greater:
(17)
Administration.
(a)
The responsibility for the administration of the affordable
housing requirements, as set forth in this article, as well as for
the promulgation of such rules and regulations as may be necessary
to implement these requirements, shall be with a not-for-profit corporation
formed for such purpose pursuant to the Not-for-Profit Corporation
Law of the State of New York or such other entity as may be approved
by the Town Board. Such corporation or other entity shall maintain
and keep current a list of qualifying households by eligibility priority,
which households shall have the first opportunity to purchase or rent
affordable housing units whenever they are available for sale, resale
or rental. All such units shall be offered first to those qualifying
households on said list.
(b)
At the time of the issuance of a building permit, the Building
Commissioner shall send a copy of such permit to the corporation or
other such entity, which shall then inform the development applicant
of the maximum sales prices or rental values which may be established
for the affordable housing units in such development and the maximum
household income for a qualifying household.
(c)
On or before March 30 of each year thereafter, the corporation
or other approved entity shall notify each affordable housing unit
occupant of the maximum permitted sales price, rental value and income
eligibility requirements for such units for the one-year period beginning
April 1. The change in maximum sales price, rental value and income
limitations for each size unit shall be determined based upon the
previous year's percentage change in median household income in the
Nassau - Suffolk Region for the assumed household size for such unit.
Any such modified income limitations shall not apply to existing owner-occupants
of affordable housing units. Modified sales prices and rental values
shall apply to all affordable units.
(d)
The sales price and rental limitations on affordable housing
units shall be taken into consideration by the Tax Assessor in determining
the assessment of such units.
D.
Offices, research and development facilities, hotels and motels,
convention and trade exposition centers, cinemas and retail establishments
are subject to the following additional regulations:
(1)
Maximum height.
(a)
No building or structure shall exceed a height of 75 feet, except
that buildings located on lots which are 40 acres or larger shall
be permitted a maximum height of up to 130 feet, provided that for
each foot of height in excess of 75 feet, the minimum setback from
all property lines shall be increased by three feet. In addition to
the above, architectural design features not exceeding 20% of the
gross roof area shall be permitted up to an additional height of 30
feet.
(b)
Parking and other accessory structures shall not exceed a height
of 50 feet.
(2)
Maximum building area. The maximum building area, exclusive of streets,
shall be 25% of the land area of the parcel, including aboveground
accessory parking structures, but excluding underground parking, except
for the principal permitted uses in § 370E through G.
(3)
Minimum setbacks. No building or structure shall be located closer
than 50 feet or a distance equal to the height of the building, whichever
is greater, to any perimeter lot line.
(4)
Off-street parking. One parking space shall be provided for each
250 square feet of gross floor area for the principal permitted use
in § 370C as defined in § 370 of this article.
Parking for principal permitted uses in § 370D and E shall
be provided on the basis of one space per guest room, plus one space
per each two employees, plus one space per each three seats in each
conference, banquet or meeting room and as specified for restaurants
and retail space in § 319 of the Building Zone Ordinance.
Parking for the principal permitted use in § 370F shall
be provided on the basis of one parking space for each three seats
in the cinema. Parking for the principal permitted use in § 370G
shall be provided on the basis of one parking space for each 200 square
feet of gross floor area. Other than as specifically modified herein,
all other provisions of § 319 shall remain in full force
and effect.
(5)
Off-street loading.
(a)
Off-street loading spaces with a minimum size of twelve by thirty-five
(12 x 35) feet and a vertical clearance of 14 feet shall be provided
for principal permitted uses in § 370C through F based upon
gross floor area, as follows:
|
Gross Floor Area
(square feet)
|
Required Loading Spaces
|
|---|---|
|
Less than 50,000
|
1
|
|
50,000 to 100,000
|
2
|
|
Each additional 100,000 or major portion thereof
|
1 additional
|
(b)
For the principal permitted use in § 370G, loading
requirements based upon gross floor area are as follows:
|
Gross Floor Area
(square feet)
|
Required Loading Spaces
|
|---|---|
|
Less than 15,000
|
1
|
|
15,000 to 50,000
|
2
|
|
Each additional 50,000 or major portion thereof
|
1
|
E.
Planned
Senior Citizen Residential Community (PSCRC). The PSCRC shall be developed
as a planned residential community for persons over 55 years of age
and shall provide a variety of unit types, and open space, in a pedestrian-friendly
environment.
[Effective 1-6-2004]
(1)
Use
regulations. In the PSCRC, a building or premises shall be used for
the following purposes only:
(a)
Dwellings specifically designed for use and occupancy by persons
55 years of age and older, including attached residences in the form
of townhouses and other multiple dwellings in a single building. Ownership
of the dwellings shall be in the form of condominiums.
(b)
Indoor and outdoor community facilities, which would provide pools,
tennis courts, lockers, showers, support services and passive recreational
areas for the use of residents and their guests, including, but not
limited to, meeting rooms, library, computer rooms, beauty salon,
gift shop, snack bar, and a retail convenience store. The community
facilities shall be for the exclusive use of residents of the PSCRC
and their guests.
(2)
Age
eligibility in the PSCRC. Notwithstanding the definition of "senior
citizen housing unit" set forth in Section 369, all dwellings in the
PSCRC shall be occupied only by the following:
(a)
Persons who shall have attained the age of 55 years or older (hereinafter
a "Senior Citizen");
(b)
The spouse of said Senior Citizen;
(c)
Children or grandchildren of said Senior Citizen or of the spouse
of said Senior Citizen, provided that each child has attained the
age of 19 years. Nothing herein shall prohibit a condominium board
or association from enacting rules and regulations permitting children
or grandchildren of said senior citizens to reside on the premises
on the basis of hardship.
(d)
Adults under 55 years of age if it is established to the satisfaction
of the condominium board or association that the presence of such
person is essential for the physical care of a senior citizen residing
in the PSCRC.
(3)
Height,
area and floor area ratio regulations in the PSCRC. Notwithstanding
any inconsistent standards or requirements, or other provisions related
to housing, set forth in §§ 369 and 372A and C, the
standards and requirements of the PSCRC shall be as follows:
(a)
Maximum number of dwellings units: 720.
(b)
Maximum unit density: 14 units per acre (including parkland area).
(c)
Maximum floor area ratio: 0.65 (including parkland area).
(d)
Height: 3 1/2 stories/45 feet maximum.
(e)
Perimeter buffers: 25 feet adjacent to public roads; 40 feet adjacent
to state parkway.
(f)
Minimum distance between buildings: 25 feet.
(g)
Open space: 30%, including parkland and recreation areas, and other
land not occupied by roads or buildings.
(h)
Parking: The amount of parking for principal buildings in the PSCRC
shall be two spaces per dwelling unit. Parking spaces located in garages
and driveways of dwelling units shall not be excluded in connection
with the calculation of minimum parking requirements.
(4)
General
design standards in the PSCRC.
(a)
Roads.
[1]
Access/collector roads: entrance roads intended to connect the development
to adjacent public roads, with a minimum of 16 feet of pavement in
each direction; may be separated by a median; may have sidewalks and
other pedestrian features.
[2]
Interior neighborhood blocks: the main roadway element within the
development; intended to provide a pedestrian-friendly neighborhood
setting; consisting of a twenty-four-foot two-way roadway and a twenty-two-foot
setback to the face of the buildings. The twenty-two-foot setback
will be improved with an eight-foot planting area or on-street parking
area, a minimum four-foot pedestrian walkway, and a ten-foot setback
to consist of intermittent plantings and additional walkway.
(b)
Parking stalls.
F.
Notwithstanding any inconsistent standards set forth in Subsection A, apartment hotels are subject to the following additional regulations:
[Effective 4-3-2023]
(1)
Maximum
height. No building or structure shall exceed a height of six stories,
exclusive of subterranean and ground level parking structures, or
80 feet. In addition to the foregoing, architectural design features
not exceeding 20% of the gross roof area shall be permitted up to
an additional height of 30 feet.
(2)
Maximum
building area. The maximum building area, exclusive of streets, driveways,
paved parking areas, subterranean and ground level parking structures
and landscaped courtyards shall be 35% of the land area of the parcel.
(3)
Off-street
parking. One parking space shall be provided for each apartment hotel
suite, plus 1/2 parking space for each bedroom, and as otherwise specified
for accessory restaurants and fitness centers in § 319 of
the Building Zone Ordinance.
(4)
Density.
The maximum unit density shall be 40 units per acre.
(5)
Floor
area ratio (FAR). The maximum FAR shall be 1.50.
The application and approval procedure shall consist of two
sequential phases: PUD master plan review for the entire project and
detailed site plan review for individual phases or lots of the project.
A.
PUD master plan application and review.
(1)
Application. Any application pursuant to the provisions of this section
of the ordinance shall be submitted in 12 copies to the Town Board
and include the following:
(a)
PUD master plan, a proposed PUD master plan map drawn at a scale
of not less than one inch equals 100 feet and consisting of one or
more sheets, indicating the following information for the entire proposed
project:
[1]
Property lines, the names of all adjoining streets and property
owners and existing zoning district boundaries.
[2]
Topographic information, including contours with a vertical
interval of no more than two feet.
[3]
Existing natural and man-made features.
[4]
The location of all existing roads, buildings, structures and
parking areas located within 300 feet of the proposed PUD boundary.
[5]
The proposed elements of the vehicular and pedestrian circulation
systems.
[6]
A land use showing the proposed location of all uses, their
type, size and composition, sites reserved for open space and public
utilities, etc. A summary schedule of proposed uses and the floor
area of each for the entire PUD shall be included.
[7]
The nature and location of all existing and proposed utility
and service systems and facilities, including sanitary sewerage, water
supply, stormwater drainage, public utilities, refuse collection,
antennas, etc.
[8]
The names and addresses of the applicant, the property owner
and, if the applicant is other than the property owner, evidence of
his authority to act; and of the planner, engineer, architect, surveyor
and/or other professionals engaged to work on the project.
(b)
Written statement: a written statement accompanying the PUD
master plan map containing a text description of the proposed plan,
indicating how it will serve to implement the intent and purpose as
set forth in this article, a preliminary analysis estimating the various
quantitative elements of the proposed plan including the floor space
and floor area ration of all uses, the number of off-street parking
spaces, proposals for the construction, operation and maintenance
of all utility systems and road improvements and the methods of ownership,
control and planning by which the proper continued future operation
and maintenance of all roads, walkways, utilities, open spaces and
other common lands and facilities will be permanently assured.
(c)
Phasing plan: a proposed phasing plan, indicating the approximate
phasing of site development and related improvements, both on- and
off-site, including the general order of construction and estimated
timing of each phase. The pace of development of affordable housing
shall be generally consistent with the pace of development of all
other uses. In acting upon the phasing plan, the Town Board shall
take into consideration economic conditions, marketability and additional
approvals required.
(d)
List of approvals required: a list of approvals required from
various government agencies prior to proceeding with the first phase
and any subsequent phases of development.
(2)
Public hearing. The Town Board shall hold a public hearing on the
PUD master plan application in combination with any other public hearings
which may be applicable to the specific project.
(3)
General provisions. The Town Board will take the following into consideration
in determining the suitability of the proposed PUD master plan:
(a)
The extent to which the application shall serve to implement
the legislative intent and the comprehensive planning goals as set
forth in this article.
(b)
The proposed mix of land uses and their proposed location on
the site, including compatibility with natural topographic features
and neighboring streets and uses.
(c)
The anticipated impact of the proposed development upon the
immediate neighborhood and upon the Town as a whole.
(d)
The design of the phasing plan, to ensure that uses in each
phase of the PUD will have adequate services, including streets, utilities
and landscaping, to suit its needs and that each phase will be self-sufficient
if future phases should be delayed or abandoned.
(4)
Action.
(a)
The Town Board shall, by resolution, act either to approve,
conditionally approve or disapprove the PUD master plan application.
(b)
For the purpose of furthering the comprehensive planning goals
of this article and to encourage flexibility in the master plan and
site design to accomplish those objectives, the Town Board may, at
the time of approval of the PUD master plan or any subsequent site
plan application, grant a special exception for the modification of
the permitted floor area ratio and/or land use mix as set forth in
§ 372A(3) and (4) herein.
(c)
Approval of the PUD master plan application shall not be deemed
to waive any right of the Town Board to the detailed review of any
aspect of the proposed development or of any site plan as required
in this article.
(d)
Approval or approval with modifications of the PUD master plan
application shall expire at the end of two years after the date of
issuance, unless the applicant has submitted at least one detailed
site plan application for a section of the PUD or such time limit
has been extended by the Town Board.
(e)
The PUD master plan application shall be accompanied by a fee
in the amount of $100 for each acre or portion thereof included within
said application.
B.
Site plan review.
(1)
Approval of the PUD master plan by the Town Board or approval with
modifications shall be deemed to authorize the applicant to proceed
with detailed design of the initial phase or phases of the proposed
development and to submit applications for detailed site plan review
in accordance with the PUD master plan and thereafter to design and
submit detailed site plan applications for each subsequent phase.
(2)
The review and approval of site plans shall be in accordance with the standards, requirements and procedures as set forth in Article XXXI, § 305, Site plans, of this Building Zone Ordinance, and with the additional requirements as set forth herein. Site plan approval shall be required prior to the issuance of building permits within any phase of a PUD.
(3)
The Town Board, when reviewing the site plan, will consider the adequacy,
location, arrangement, design and appearance of each aspect of the
development in relation to both the legislative and development standards
of this article. While the scope of the Town Board review of site
plans will generally relate to one phase of the PUD at a time, the
Town Board may determine the need to review additional detailed plans
with respect to such matters as water, sewer, utilities, streets and/or
road improvements which will later be needed to service or connect
to other phases of the PUD, so as to determine that they will be adequate
for the PUD as a whole as well as for the individual phases.
(4)
The Town Board may condition its approval of any PUD site plan upon
the application obtaining other necessary approvals, licenses or permits
from the appropriate town, county, state or federal agencies that
have jurisdiction thereof.
(5)
Approval of site plans for subsequent phases of the PUD shall not
be granted unless the Town Board determines that the development of
preceding phases is in conformity with all applicable requirements.
Notwithstanding the preceding, the failure of a specific lot owner
to meet the requirements imposed upon such individual lot shall not
affect the approval and otherwise legally permitted use of any other
lot in a PUD.
(6)
The applicant may be required by the appropriate governmental jurisdiction
to post performance bonds in sufficient amount and duration to ensure
that all streets and utilities shown on the site plan will be suitably
graded and paved and that all other necessary improvements, including
off-site improvements, sidewalks, streetlighting standards, curbs,
gutters, street trees, water mains, fire alarms, signal devices (including
necessary ducts, cables and other connecting facilities), sanitary
sewers and storm drains will be installed in accordance with standards,
specifications and procedures acceptable to the appropriate governmental
department or agency having jurisdiction thereof.
(7)
Each application for detailed site plan review shall be accompanied
by appropriate legal documents as may be necessary to provide for
and ensure the continued proper future maintenance and ownership responsibility
for all common areas, facilities and utilities within each phase of
development or section thereof.
If any clause, sentence, section, paragraph or provision of
this article shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair nor invalidate
the remainder of this article, but shall be confined in its operation
to the clause, sentence, paragraph or provisions directly involved
in the controversy in which such judgment shall have been rendered.
