It is the intent of the PUD District to provide
greater flexibility and opportunity for the development of mixed uses
in specific areas of the Town. Innovative design and creative use
mixes are encouraged to offer the potential for a sustainable development
that can provide the economic, residential and services base consistent
with the objective of the Lockport Master Plan. In addition, the PUD
District is intended to encourage imaginative ways of accommodating
environment and conservation into the development plan to strike a
balance of physical features, environmental responsibility and development
opportunity.
A requisite of the district is the planning
of the entire site of integrated uses (human, physical and environmental)
to redefine land use concepts into a consolidated coordinated group
that offers new approaches to community development. Therefore, instead
of traditional zoning and subdivision requirements and standard development
review procedures, this article establishes new procedures for the
review and consideration of a proposal as a planned unit development.
An application for any development under the PUD District must promote
and adhere to the following objectives:
A.
Present a more varied choice of the type and nature
of environment, tenure, types and costs of housing, commercial uses,
economic opportunities and/or recreation and community facilities
than otherwise exists in the Town;
B.
Offer an efficient and economic arrangement of land
uses, traffic circulation, utilities, open space and services that
economizes the cost and maintenance of the development;
C.
Incorporate uses and facilities that consolidate infrastructure
and ancillary services to encourage self-sufficiency of the ultimate
development;
D.
Integrate the comprehensive design of stormwater management,
drainage, flood control and open space into the development plans;
E.
Provide for the safe and adequate conveyance of trucks,
automobiles, pedestrians and bicyclists as part of the travel system;
F.
Extend and enhance the usable recreation and open
space in the community via size, location, diversity and suitability
for use;
G.
Preserve the physical features of the area, including
the natural topography, soils, woodlands, vegetation, marshlands,
floodplains and geologic features of the landscape;
H.
Offer a creative use of land use and existing natural
elements to provide an orderly transition from adjacent area uses
to the proposed development and, where such a transition cannot be
fulfilled, incorporate buffering and landscaping to enhance this transition;
I.
Achieve a balance of natural and developmental elements
to complement the surrounding environment and provide a succession
of land uses within the development area;
J.
Provide a consistent and unified architectural design
theme or concept for the site and its elements to produce a cohesive
visual appearance throughout the development; and
K.
Create a more desirable development atmosphere than
would be possible through the strict application of other sections
of this Zoning Law.
A.
Uses and structures permitted in the PUD District
are as follows:
(1)
Principal uses and structures permitted in the AR,
R-1, R-2, ADR, B-1, B-2 and IN Districts, except as otherwise excluded
in this article. Large warehousing facilities and industries employing
more than 50 people shall not be allowed.
[Amended 1-9-2019 by L.L.
No. 1-2019]
(2)
Permitted uses shall provide a mixture of activities,
open space, services and infrastructure to provide a multiuse neighborhood
designed as a cohesive development and planned as a consolidated entity.
Approved concept and development plans are required for the entire
area.
(3)
Accessory uses and structures as permitted in the
AR, R-1, R-2, ADR, B-1, B-2 and IN Districts.
[Amended 1-9-2019 by L.L.
No. 1-2019]
B.
Special uses as provided for in the AR, R-1, R-2,
ADR, B-1, B-2 and IN Districts as permitted by special use permit
and subject to the limitations contained in such district regulations.
[Amended 1-9-2019 by L.L.
No. 1-2019]
Subject to the power of the Town Board to establish
different standards as part of a development plan approval, dimensional
and development requirements shall be as follows:
A.
Area. The minimum area designated for the use of the
PUD District shall be 10 acres.
B.
Lot size. The minimum lot size designated for any
eligible use shall generally be as required for the district in which
the use is allowed. Cluster developments shall be allowed, as regulated
by this chapter. The Town Board may allow dimensional deviation where
it determines that the deviation will improve the development plan.
C.
Height. The maximum height of any structure shall
be as regulated in the use district in which the use is allowed, provided
that in no case shall a tower be over 125 feet.
D.
Landscape and open space. In addition to other density,
open space, setback and yard requirements, there shall be a minimum
of 25% open space for the entire development, which may be composed
of natural features, stormwater management, recreation. Building or
use separation areas and other areas not connected with developmental
activity (roads, parking, drives, utility facilities and community
facilities) are excluded from use as open space. Such areas may be
left in a natural state or landscaped for aesthetics or functional
use. Landscaped and open space areas shall be designed to coordinate
development uses, buffer dissimilar uses, protect natural and environmental
features, separate buildings, prevent erosion and accommodate drainage,
insure proper light and ventilation around buildings and link development
elements. Where a PUD development plan incorporates a cluster development
in conformance with this chapter, the cluster development open space
requirements shall be in effect for that portion of the PUD development
as a cluster development.
E.
Parking. Minimum parking for each use shall be as
required for that individual activity in districts in which it is
authorized, and shall conform to the parking requirements of this
chapter.
F.
Use limitations. The following uses shall not be allowed:
(1)
Uses requiring heavy stamp forging, presses over forty
ton capacity or manufacturing equipment that produces earth jarring
vibration or noise beyond the structure within which the use is contained.
(2)
The storage, sale, distribution or use of hazardous
materials or their by-products other than retail hardware store or
grocery store items; the storage of any material which would increase
the risk of fire hazard to adjoining buildings.
(3)
Any use or process which would cause the emission
of noxious odors or gases beyond the building.
(4)
Activities which produce smoke, fly ash, dust, dirt,
fumes or stack emissions, in excess of normal residential uses.
(5)
Storage or sale of junk, refuse, trash, secondhand
materials or automobiles.
(6)
Storage or use of fuels or flammable liquids in bulk
quantities.
(7)
Uses that require idling of trucks or running of trucks
or exterior generators.
(8)
Automobile or vehicle construction and farm equipment
sale or storage centers.
(9)
Truck terminals and bus stations.
(10)
Automobile service and repair stations.
(11)
Warehouses.
(12)
Industries employing in excess of 50 people.
Additional screening, decorative, parking, buffering,
landscaping, building design and material criteria may be required
by the Planning Board to maintain compatibility of any business or
industrial use and residential use in a PUD. Any arrangement uses
which are incompatible with each other shall not be allowed.
A.
Preapplication conference. Each proposal for the development
of an area to PUD or the potential development of an existing PUD
shall be scheduled with the Building Inspector and other Town officials
as is appropriate.
(1)
The applicant shall prepare and submit a sketch plan
of the conceptual development of the site and the primary components
to be included in the development.
(2)
The sketch plan shall be prepared on a survey of the
property(s) involved and of sufficient scale to demonstrate the major
natural features, roads, proposed circulation, development elements
and the conceptual areas proposed for the project. No further material
will be considered until a sketch plan has been submitted and reviewed
by the Building Official.
(3)
Upon acceptance by the Building Inspector of the sketch
plan of the conceptual development, the sketch shall be submitted
to the Planning Board as a preliminary indication of intention to
develop and the initiation of the development review process.
(4)
The Building Inspector may provide written comments
regarding the submitted concept sketch plan within 30 days of its
submission to the Planning Board, consolidating the review of those
involved and suggesting both development guidelines and a procedural
schedule for subsequent applications.
(5)
The Planning Board may approve the sketch plan, reject
the sketch plan for stated reasons, or take no action. Approval of
the sketch plan shall not bind the Board to further approvals. Approval
shall mean only that the sketch plan is preliminarily acceptable subject
to further review. If the sketch plan is rejected, the plan must be
revised prior to preparation and submittal of a development plan.
If no action is taken within 62 days, the applicant may proceed to
submittal of a development plan.
B.
Development plan. Upon successful consideration of
the sketch concept plan, a development plan may be submitted to identify
proposed use of the site in accordance with the following:
(1)
One or more maps at a scale of 1:200 or greater identifying
the property boundaries, existing structures, adjacent uses and road
system, topography at five-foot intervals, existing natural features,
drainage system, wetlands, floodplains, soil information and other
environmental features.
(2)
Proposed land uses, acreage of each and estimated
development densities (dwelling units, floor space, etc., land use
of properties adjacent to the site).
(3)
Proposed access and circulation and its connection
to the highway system, primary pedestrian and bicycle circulation.
(4)
Existing and proposed water and sewer systems to serve
site development and their connections to the municipal system.
(5)
Preliminary grading implications for proposed development,
stormwater management, drainage and erosion and any development impact
on floodplains, floodways and wetlands.
(6)
Treatment of major open space areas and primary landscape
forms, sketches of typical structures and development elements to
identify the basic design concepts and the architectural approach
to be used, including exterior materials.
C.
Planning Board review. A development plan received
by the Town Building Official shall be sent to the Town Engineer,
Highway Superintendent, and such other agencies or Town officials
as the Building Inspector deems necessary. The Building Inspector
or Town Planner shall prepare a report and forward all documents and
comments to the Planning Board for its review. The Planning Board
shall review and make a finding that the application complies fully
with the applicable regulations and standards prescribed by this chapter
or, absent compliance, is recommended for approval with modifications,
returned to the applicant for amendments to the development plan or
disapproved. The Town Board and the applicant shall be notified of
the Planning Board determination and any basis for its findings. The
Planning Board may, but shall not be required to, hold a public hearing
on the proposed development plan.
D.
SEQRA. The Building Inspector shall require that a
long-form environmental assessment form be submitted with a development
plan. Coordinated review shall, in all cases, take place.
E.
Town Board determination. Upon receiving a recommendation
for approval by the Planning Board or upon receipt of an application
to the Town Clerk following a Planning Board recommendation other
than approval, the Town Board shall schedule a public hearing in accordance
with its procedures to consider the development plan submitted. The
Town Board shall make a determination and decision on the development
plan after the close of public hearing and the completion of the SEQRA
process. The Town Board will consider the merits of the development
plan; this chapter; the report of the Planning Board; the comments
from the public hearing; the SEQRA process and any pertinent documentation;
and protection of the public health, safety and welfare. A decision
by the Town Board approving a PUD development plan or amendment shall
constitute and include the same rights and obligations of a zoning
matter as approved. The development plan, if approved, shall constitute
an amendment to the Zoning Law and Map. The Town Board may approve
the development plan as submitted, disapprove the development plan,
approve the development plan with conditions, or refer the development
plan back to the Planning Board for modification in accordance with
stated objections, or take no action. If the Town Board approves the
development plan with conditions, the development plan must be implemented
in accordance with the conditions. If the Town Board refers the development
plan back to the Planning Board for revision, the Planning Board shall
require that the objections be satisfactorily addressed prior to recommending
approval of the revised development plan, and the Town Board must
hold a new public hearing prior to acting on the revised development
plan. Failure of the Town Board to take action shall constitute a
disapproval of the development plan. Disapproval of the development
plan or referral of the development plan back to the Planning Board
with stated objections may take place at any time, but approval of
the development plan as submitted or approved or approval of the development
plan with or without conditions shall only take place after the public
hearing and completion of all zoning amendment requirements.
F.
Modification of the development plan, once approved
by the Town Board, requires the same procedure as original approval.
G.
Phasing. The development plan may be phased and may
include one or more subdivisions, but each residential subdivision
having common streets must be approved in one process. The Town Board
may require that any approved residential subdivision or uses within
the development plan be implemented prior to or simultaneously with
any industrial or commercial uses, or may require sufficient security
in the form of a cash deposit, irrevocable and nonconditioned letter
of credit, or a bond as approved by the Town Attorney to assure completion
of any component where the development plan is phased.
H.
Development plan implementation. Upon approval of
a development plan by the Town Board, site development is eligible
to proceed in accordance with the approved plan and the subdivision
requirements of the Town Law. Any portion of the development area
designated by the development plan may be submitted consistent with
the regulations and procedures of Town site plan review. Any subdivision
of land shall be subject to the subdivision approval process. Proposed
development shall be consistent with the approved development plan
as determined by the Planning Board and may include one or more subdivisions.
