A.
Intent.
(1)
It is the intent of this Planned Unit Development (PUD) District
to provide flexible land use and design regulations through the use
of performance criteria so that small- to large-scale neighborhoods
or portions thereof may be developed within the Town that incorporate
a variety of residential and nonresidential uses, and contain individual
building sites and common property which are 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 innovations in development and more
efficient use of land in such developments.
(2)
This article recognizes that while the standard zoning function (use
and bulk) and the subdivision function (platting and design) are appropriate
for the regulation of land use in areas or neighborhoods that are
already substantially developed, these controls represent a type of
pre-regulation, regulatory rigidity and uniformity which may be inimical
to the techniques of land development contained in the planned unit
development concept. Further, this article recognizes that a rigid
set of space requirements along with bulk and use specifications would
frustrate the application of this concept. Thus, where PUD techniques
are deemed appropriate through the rezoning of land to a planned unit
development district by the Town Board, the set of use and dimensional
specifications elsewhere in this chapter are herein replaced by an
approval process in which an approved plan becomes the basis for continuing
land use controls.
B.
Objectives. In order to carry out the intent of this article, a PUD
shall achieve the following objectives:
(1)
A greater choice in the types of environment, occupancy tenure (e.g.,
cooperatives, individual ownership, leasing), types of housing, lot
sizes and community facilities available to existing and potential
Town residents at all economic levels.
(2)
More usable open space and recreation areas.
(3)
The preservation of trees, outstanding natural topography and geologic
features and prevention of soil erosion.
(4)
A creative use of land and related physical development which allows
an orderly transition of land from rural to urban uses.
(5)
An efficient use of land resulting in smaller networks of utilities
and streets and thereby lower costs.
(6)
A development pattern in harmony with the objectives of the Comprehensive
Plan.
(7)
A more desirable environment than would be possible through the strict
application of other articles of this chapter.
Under normal circumstances, the minimum area requirements to
qualify for a planned unit development district shall be 40 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 may consider projects with less acreage.
The tract of land for a project may be owned, issued or controlled
either by a single person or corporation or by a group of individuals
or corporations. An application must be filed by the owner or jointly
by owners of all property included in a project. In the case of multiple
ownership, the approved plan shall be binding on all owners.
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.
All uses within an area designated as a PUD district are determined
by the provisions of this section and the approval of the project
concerned.
A.
Residential uses. In developing a balanced community, the use of
a variety of housing types and densities shall be deemed most in keeping
with this article.
B.
Commercial, service and other nonresidential uses that are properly
scaled to the area of the application. Consideration shall be given
to the project as it exists in its larger setting in determining the
appropriateness of such uses.
C.
Customary accessory or associated uses. Accessory uses such as private
groups, storage spaces, recreational and community activities, places
of worship and schools shall also be permitted as appropriate to the
PUD.
Because land is used more efficiently in a PUD, improved environmental
quality can often be produced with a greater land use intensity and/or
number of dwelling units per gross building area than usually permitted
in traditionally zoned districts. The Town Board shall determine in
each case the appropriate land use intensity and/or dwelling unit
density for individual projects. The determination of land use intensity
and/or dwelling unit densities shall be completely documented, including
all facts, opinions and judgments justifying the selection of the
intensity and/or density.
Common property in a PUD is a parcel or parcels of land, together
with the improvements thereon, the use and enjoyment of which is 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 must 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.
The Town Board shall establish the requirements for signs, awnings and canopies for each area designated as a PUD district, utilizing, as a guide, the provisions of Article XVIII of this chapter.
The Town Board shall establish maximum height limitations, so
as to be reasonable and appropriate given the location of the development,
the terrain involved and the nature of the development.
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 Monroe County Clerk,
the applicant shall apply for and secure approval of such planned
unit development by the Town Board, in accordance with the following
procedures.
A.
Application requirements.
(1)
The applicant shall submit a sketch plan of the application to the
Town Board. The sketch plan shall be approximately to scale, though
it need not be to the precision of a finished engineering drawing,
and shall clearly show the following information:
(a)
The location of the various uses and their areas in acres.
(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 areas indicating for each such area
its general extent, size and composition in terms of type of use;
in the case of nonresidential uses, the nature of the proposed use
and its intensity; in the case of residential use, total number of
dwelling units, approximate percentage allocation by dwelling unit
type (i.e., single-family detached, duplex, townhouse, apartments);
and general description of the intended market structure for each
such area.
(d)
The interior open space system.
(e)
The overall drainage system.
(f)
If grades exceed 3% or portions of the site have a moderate
to high susceptibility to erosion, flooding and/or ponding, a topographic
map showing contour intervals of not more than five feet of elevation,
along with an overlay outlining the above susceptible soil areas,
if any.
(g)
Principal ties to the community at large with respect to transportation;
water supply and sewage disposal.
(h)
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.
(i)
A location map showing uses and ownership of abutting lands.
(2)
In addition, the following documentation shall accompany the sketch
plan:
(a)
Evidence of how the applicant's particular mix of land uses
meets existing community demands to include area-wide as well as local
considerations.
(b)
Evidence that the application is compatible with the goals of
local and area-wide Comprehensive Plans, if any.
(c)
A 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 shall show the intended total project.
(e)
Evidence of the applicant's competence to carry out the plan
and the applicant's awareness of the scope of the application, both
physical and financial.
B.
Advisory referral to the Planning Board.
(1)
The Town Board shall submit the application to the Planning Board
for its nonbinding advisory report to the Town Board. The review at
this stage is intended to obtain the input of the Planning Board on
the application. It is not intended to serve as a site plan or subdivision
review, which would only occur after a decision by the Town Board
on the PUD request.
(2)
The Planning Board will schedule a public workshop on the application,
which may be conducted as part of its regularly scheduled meeting.
The intent of the workshop is to share information between the applicant,
the Planning Board and interested members of the public. The workshop
will not supplant the formal hearing which will be conducted by the
Town Board later in the review process.
(3)
Within 45 days of receipt of the application from the Town Board,
the Planning Board will prepare an advisory report to the applicant
and the Town Board. The Planning Board's report will describe the
beneficial aspects of the proposal and make recommendations for the
amelioration of any adverse aspects of the proposal. The Planning
Board's report and the application will then be transferred back to
the Town Board for its final decision on the application.
C.
Public hearing and action on application.
(1)
Upon receipt of the advisory report from the Planning Board, the
Town Board shall set a date for and conduct a public hearing, in accordance
with the provisions of applicable law, for the purpose of considering
establishing a PUD district for the applicant's plan.
(2)
The Town Board shall refer the application to the Monroe County Planning
Department for its analysis and recommendations pursuant to the provisions
of § 239-m of the General Municipal Law, and the Town Board
shall also refer the application to the Commissioner of Public Works
for his review.
(3)
The Commissioner of Public Works shall submit a report to the Town
Board within 30 days of the referral, commenting on and making appropriate
recommendations as to the feasibility and adequacy of the design elements
of the application.
(4)
Within 45 days after the public hearing, the Town Board shall render
its decision on the application. If the Town Board grants the PUD
districting, the Zoning Map shall be so noted. 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; necessity
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.
Site plan approval for all planned unit developments shall be obtained in accordance with Article XXIX, Site Plan Approval.
No building permits shall be issued for construction within
a PUD district until improvements are installed or a performance bond
or letter of credit posted in accordance with the same procedures
as provided for in § 277 of the Town Law relating to subdivisions.
Other such requirements may also be established from time to time
by the Town Board.
