It is the intent of this planned unit development (PUD) article
to provide flexible land use and design regulations through the use
of performance criteria so that small- to large-scale residential
neighborhoods or portions thereof may be developed within the Town
that incorporate a variety of residential types and contain both individual
building sites and common property which is planned and developed
as a unit. Such a planned unit is to be designed and organized so
as to be capable of satisfactory use and operation as a separate entity
without necessarily needing the participation of other building sites
or other common property in order to function as a neighborhood. This
article specifically encourages common innovations in residential
development so that the growing demands for housing at all economic
levels may be met by greater variety in type, design and siting of
dwellings and by the conservation and more efficient use of land in
such developments.
In order to carry out the intent of this article, a PUD shall
achieve the following objectives:
A.
A maximum choice in the types of environment, occupancy tenure (e.g.,
cooperatives, individual ownership, condominium and leasing), types
of housing, lot sizes and community facilities available to existing
and potential Town residents at all economic levels.
B.
More usable open space and recreation areas.
C.
The preservation of trees, outstanding natural topography and geologic
features and prevention of soil erosion.
D.
A creative use of land and related physical development which allows
an orderly transition of land but that maintains the rural character
of Athens.
E.
An efficient use of land resulting in smaller networks of utilities
and streets and thereby lower housing costs.
F.
A development pattern in harmony with the objectives of the Comprehensive
Plan.
G.
A more
desirable environment than would be possible through the strict application
of other articles of this chapter.
A.
Minimum area. Under normal circumstances, the minimum area required
to qualify for a planned unit development district shall be 100 contiguous
acres of land. Where the applicant can demonstrate that the characteristics
of the applicant's holdings will meet the objectives of this article,
the Town Board, with the advice and comment of the Planning Board,
may consider projects with less acreage.
B.
Ownership. The tract of land for a project may be owned, leased or
controlled either by a single person or corporation or by a group
of corporations. An application must be filed by the owner or jointly
by owners of all property included in the project. In the case of
multiple ownership, the approved plan shall be binding on all owners.
C.
Location of PUD district. The PUD district shall be applicable to
any area of the Town where the applicant can demonstrate that the
characteristics of the applicant's holdings will meet the objectives
of this article.
D.
Permitted uses. All uses within an area designed as a PUD district
are determined by all the provisions of this section and the approved
plan of the project concerned.
(1)
Residential uses. Residences may be of any variety of types. In developing
a balanced community, the use of a variety of housing types shall
be deemed most in keeping with this article.
(2)
Accessory commercial service and other nonresidential uses. Commercial,
service and other nonresidential uses may be permitted (or required)
where such uses are scaled primarily to serve the residents of the
PUD. The following proportions are deemed to be in keeping with this
intent under normal circumstances:
(a)
Where the PUD contains 100 or more dwelling units, a maximum
of 2,400 square feet of floor area for every 100 dwelling units may
be used for limited commercial and/or service uses. Such commercial
or service area may be in separate buildings or incorporated within
two-family structures or in suitable combinations of these alternatives.
(b)
Where the PUD contains 500 or more dwelling units, a maximum
of one acre of land for every 100 dwelling units may be used for commercial
and/or service purposes.
(c)
Where the PUD contains 1,000 or more dwelling units, five acres
of land for every 100 dwelling units may be used for compatible industry
in addition to the permitted commercial and services uses.
(3)
Resorts located in the Green Lake Watershed Overlay District.
(4)
Customary accessory or associated uses, such as private garages,
storage spaces, recreational and community activities, churches and
schools, shall also be permitted as appropriate to the PUD.
E.
Intensity of land use. Because land is used more efficiently in a
PUD, improved environmental quality can often be produced with a greater
number of dwelling units per gross building acre than usually permitted
in traditionally zoned districts. The Town Board shall determine in
each case the appropriate land use intensity or dwelling unit density
for individual projects. The determination of land use intensity rating
or dwelling unit densities shall be completely documented, including
all facts, opinions and judgments justifying the selection of the
rating or density, including how the objectives of the Comprehensive
Plan are maintained.
F.
Common property in the PUD. Common property in the PUD is a parcel
or parcels of land, together with the improvements thereon, the use
and enjoyment of which are shared by the owners and occupants of the
individual building sites. When common property exists, the ownership
of such common property may be either public or private. When common
property exists in private ownership, satisfactory arrangements shall
be made for the improvement, operation and maintenance of such common
property and facilities, including private streets, drives, service
and parking areas and recreational and open space areas.
A.
General. Whenever any planned unit development is proposed, before
any permit for the erection of a permanent building in such planned
unit development shall be granted and before any subdivision plat
of any part thereof may be filed in the office of the Greene County
Clerk, the developer or the developer's authorized agent shall apply
for and secure approval of such planned unit development in accordance
with the following procedures.
B.
Procedure.
(1)
Town Board approval. The establishment of a planned unit development
in the Town of Athens is a legislative act, similar to a rezoning.
As a consequence, the establishment of a planned unit development
requires the approval of the Town Board. Because the establishment
of a planned unit development is a legislative act, the Town Board
has the same amount of discretion in deciding whether to adopt a planned
unit development proposal as it does for any other legislative act.
The Town Board may adopt a planned unit development only if it complies
with the standards set in this chapter and is in accordance with the
letter and spirit of the adopted Comprehensive Plan of the Town and
Village of Athens.
(a)
Creation of a planned unit development is subject to the State
Environmental Quality Review Act (Article 8 of the New York State
Environmental Conservation Law).
(b)
The Town Board shall, prior to establishing a planned unit development,
submit such proposal to the Town of Athens Planning Board and receive
a recommendation from said Board. The Planning Board's review at this
time shall not be a full site plan or subdivision review, but oriented
to whether such proposed PUD is consistent with the Comprehensive
Plan of the Town and should be established. The Town Board may also,
at its discretion, consult with any engineer, attorney, planner or
other such professional at the applicant's expense.
(c)
The Town Board may, after receiving a recommendation from the
Planning Board, approve the general outline of the proposed PUD. This
approval shall include establishment of the uses and densities that
are allowable in the planned unit development as well as whether they
are permitted uses or uses subject to special use permits and site
plan approval.
(2)
Planning Board approval. The Town Board adoption of a planned unit
development does not constitute subdivision, site plan or special
permit approval. Once the general development plan of the PUD is approved,
it is then the responsibility of the Planning Board to approve site
plans, subdivisions and special use permits (if applicable) for the
approved plan.
(3)
Application requirements. The application for a planned unit development and six copies shall be submitted to the Town Clerk at least 20 business days before the next meeting of the Town Board. The application shall consist of all materials outlined in § 180-60B.
(4)
Review of application. The Town Board may engage experts, including
but not limited to professional planners, architects, attorneys and
engineers, in reviewing the planned unit development proposal. The
reasonable expense of engaging such experts shall be charged to the
applicant.
(5)
Within 31 days of receipt of the application, the Town Board shall
refer the application, sketch plan and EAF to the Planning Board.
The Town Board shall also forward a copy of the application, sketch
plan and EAF to the Greene County Planning Board pursuant to General
Municipal Law § 239-m. However, if the Town Board determines
that the proposal does not merit review because it does not meet the
objectives of this chapter or the Town's Comprehensive Plan, it shall
so notify the applicant, shall not refer the application to the Planning
Board or the County Planning Board, and no further action on the application
shall be taken.
(6)
Planning Board procedures. The Planning Board shall provide to the
Town Board an advisory opinion on the proposed planned unit development
after receiving a complete application for a planned unit development
and before the next meeting of the Town Board following the Planning
Board's receipt of the planned unit development application. Alternatively,
the Planning Board may request additional information reasonably related
to the planned unit development application. If the Planning Board
requests additional information, its time to render an advisory opinion
is extended to the next meeting of the Town Board following receipt
of such additional information. The time of receipt of such information
shall be deemed to be the date of the regular meeting following submission
of the information to the Planning Board. The Planning Board may call
upon the County Planning Department or Board, the Soil Conservation
Service and any other public or private consultants that it feels
are necessary to provide a sound review of the proposal. The advisory
opinion shall contain a report outlining the following:
(a)
A report that includes a recommendation to the Town Board that
a public hearing be held for the purpose of considering PUD districting
or a recommendation that the Town Board reject the PUD application.
This opinion shall be based on the following findings which shall
be included as part of the report:
[1]
How the proposal conforms to the Comprehensive Plan.
[2]
How the proposal meets the intent and objectives of a planned
unit development.
[3]
That the proposal is conceptually sound in that it meets a community
need and it conforms to accepted design principals in the proposed
functional roadway system, land use configuration, open space system,
drainage system and scale of the elements, both absolutely and to
one another.
[4]
That there are adequate services and utilities available or
proposed to be made available in the construction of the development.
(b)
An unfavorable report shall clearly state the reasons and, if
appropriate, point out to the applicant what might be necessary in
order to receive a favorable report.
(7)
Public hearing. The Town Board shall not vote to approve a planned unit development until it has held at least one public hearing on the application following the submission of a complete application, received the Planning Board's recommendations on the application and has met the referral requirements of § 180-60B(5) and (6).
(8)
Adoption of planned unit development. The Town Board shall act on
an application to establish a planned unit development within 90 days
following receipt of the Planning Board's recommendations. The date
of receipt of the Planning Board's recommendations shall be deemed
to be the first regular meeting of the Town Board following the Town
Clerk's receipt of the Planning Board's recommendations. The Town
Board's failure to act on a planned unit development application within
this period shall not be deemed to constitute a default approval of
the application. The Town Board may adopt a planned unit development
only after following the procedures described above and making written
findings regarding each of the standards set forth above for adoption
of a planned unit development. The approval shall include a list of
permitted uses, special use permitted uses and uses requiring site
plan review, and any other minimum land use standards that the Town
Board deems appropriate.
C.
Role of the Planning Board after adoption of a planned unit development.
The Planning Board's role after adoption of a planned unit development
by the Town Board is to review site plans, subdivisions and special
use permits for uses in the planned unit development pursuant to the
requirements for those approvals in this chapter and in the Town of
Athens Subdivision Law.[1]
D.
PUD sketch plan.
(1)
A sketch plan shall be prepared and be approximately to scale, though
it need not be to the precision of a finished engineered drawing,
and it shall clearly show the following information:
(a)
The location of the various uses and their areas in acreage.
(b)
The general outlines of the interior roadway system and all
existing rights-of-way and easements, whether public or private.
(c)
Delineation of the various residential areas, indicating for
each such area its general extent, size and composition in terms of
total number of dwelling units, approximate percentage allocation
by dwelling unit type (i.e., single-family detached, duplex, townhouse,
garden apartment or high rise) and general description of the intended
market structure (i.e., luxury, middle income, moderate income, elderly
units, family units, etc.), plus a calculation of the residential
density in dwelling units per gross acre (total area including interior
roadways) for each such area.
(d)
The interior open space system.
(e)
The overall drainage system.
(f)
Principal ties to the community at large with respect to transportation,
water supply and sewage disposal.
(g)
General description of the provision of other community facilities,
such as schools, fire protection services and cultural facilities,
if any, and some indication of how these needs are proposed to be
accommodated.
(h)
A location map showing uses and ownership of abutting lands.
(i)
Slope map overlay showing areas over 15% but less than 25% and
showing slopes over 25%.
(j)
Topographic map showing contour intervals of not more than five
feet in elevation.
(k)
Vegetation map overlay clearly showing types of vegetation.
(l)
Soils map overlay.
(m)
Surface to bedrock map overlay.
(n)
Natural drainways map overlay.
(o)
Natural features overlay showing other significant features,
vistas, areas subject to flooding, erosion, etc.
(2)
In addition, the following documentation shall accompany the sketch
plan:
(a)
Evidence of how the developer's particular mix of land uses
meets existing community demands. (Note: Evidence as to demands may
be in the form of specific studies or reports initiated by the developer
or in the form of references to existing studies or reports relevant
to the project in question.)
(b)
Evidence that the proposal is compatible with the goals of the
official Comprehensive Plan, if any.
(c)
General statement as to how common open space is to be owned
and maintained.
(d)
If the development is to be staged, a general indication of
how the staging is to proceed. Whether or not the development is to
be staged, the sketch plan of this section shall show the intended
total project.
(e)
Evidence of any sort in the applicant's own behalf to demonstrate
his or her competence to carry out the plan and his or her awareness
of the scope of such a project, both physical and financial. (Evidence
as to demands may be in the form of specific studies or reports initiated
by the developer or in the form of references to existing studies
or reports relevant to the project in question.)
E.
Referral.
(1)
The Town Board shall refer the application to the County Planning
Board for its analysis and recommendations, and the Town Board shall
also refer the application to the Town Engineer for his or her review.
(a)
The Town Board shall give the County Planning Board at least
30 days to render its report, and within 62 days after the public
hearing, the Town Board shall render its decision on the application.
(b)
The Town Engineer shall submit a report to the Town Board within
30 days of the referral, duly noting the feasibility and adequacy
of those design elements under his or her sphere of interest. This
report need only concern itself with general conceptual acceptance
or disapproval, as the case may be, and in no way implies any future
acceptance or rejection of detailed design elements as will be required
in the later site plan review stage. The Town Engineer may also state
in his or her report any other conditions or problems that must be
overcome before consideration of acceptance on his or her part.
F.
Zoning for planned unit development.
(1)
If the Town Board grants the PUD districting, the Zoning Map shall be so notated. The Town Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, circulation systems, both vehicular and pedestrian, availability of sites within the area for necessary public services, such as schools, firehouses and libraries, protection of natural and/or historic sites and other such physical or social demands. The Town Board shall state at this time its findings with respect to the land use intensity or dwelling unit density as called for in § 180-59E.
(2)
PUD districting shall be conditional upon the following:
B.
Staging. If the applicant wishes to stage his or her development and he or she has so indicated as per § 180-60D(2)(d), then the applicant may submit only those stages he or she wishes to develop for site plan approval in accordance with his or her staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged, and a staging plan must be developed. At no point in the development of a PUD shall the ratio of nonresidential to residential acreage or the dwelling unit ratios between the several different housing types for that portion of the PUD completed and/or under construction differ from that of the PUD as a whole by more than 20%.
A.
Regulation after initial construction and occupancy. For the purposes
of regulating the development and use of property after initial construction
and occupancy, any changes other than use changes shall be processed
as a special permit request to the Planning Board. Use changes shall
also be in the form of a request for special permit, except that Town
Board approval shall be required. It shall be noted, however, that
properties lying in the planned unit development districts are unique
and shall be so considered by the Planning Board or Town Board when
evaluating these requests, and maintenance of the intent and function
of the planned unit shall be of preliminary importance.
B.
Site plan review. The site plan review provisions in the case of a subdivision shall not obviate the necessity for the applicant to meet the provisions of §§ 276 and 277 of the Town Law in conformance with the provisions of Chapter 154, Subdivision of Land. No building and zoning permits shall be issued for excavation or construction within a planned unit development district until improvements are installed or a performance bond(s) posted in accordance with the same procedures as provided in § 277 of the Town Law relating to subdivisions of land and any other requirements as may be imposed as conditions of Town Board zoning approval for a planned unit development district.
