[Added 10-8-1996 by L.L. No. 25-1996[1]]
[Amended 8-12-1980 by L.L. No. 10-1980; 7-9-1991 by L.L. No. 10-1991]
A 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 North Hempstead
and to create the flexibility which is necessary to achieve environmentally
sensitive, economically beneficial and socially desirable development
which is more creative and imaginative in its land use and design
than is possible under the more rigid, conventional regulations currently
in place. The general comprehensive planning goals for this district
are the following:
A.
To promote the most desirable and suitable use of
land on sites which are unique due to size and location and to preserve
as much open space as is consistent with orderly development of a
site.
B.
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.
C.
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.
D.
To regulate development in such a way as to help preserve
Long Island's limited water supply and conserve other natural resources.
E.
To allow for reasonable economic uses of land, consistent
with the intent of this district and the capacity of the development.
F.
To encourage innovation and flexibility in design
while ensuring that potential environmental impacts are minimized.
G.
To locate, plan and design or redesign communities
so that they will have a clear "sense of place" and will enable residents
to reside, work, shop and enjoy recreational activities in the same
area.
H.
To encourage the efficient provision and delivery
of governmental services, including educational, cultural, recreational
and emergency services.
I.
To help assure that new development will be fiscally
sound in terms of revenues produced versus expenditures required,
including consideration of operating as well as capital costs for
the services and facilities required for its residents.
The Planned Unit Development District (PUD)
is hereby established as a floating zone with potential applicability
to any property within the Town where its use will serve to further
the legislative intent of this article. The boundaries of each PUD
shall be fixed by amendment to the Official Town Zoning Map wherever
this district is applied. A boundary description by metes and bounds
shall be filed with the office of the Town Clerk.
This article shall be known and cited as the
"Planned Unit Development District (PUD)."
In the event of a conflict between the provisions
of this article and other provisions of this chapter, the provisions
of this article shall control.
To be considered for PUD designation, a property
must meet the following criteria:
A.
Minimum area. The minimum area for a PUD shall be
90 acres of land:
[Amended 8-4-1998 by L.L. No. 14-1998]
(1)
Located completely within the Town of North Hempstead;
(2)
Having contiguity, except for any dividing street,
public or private, on which such tract, or any portion thereof, may
have frontage; and
(3)
At least 45 acres of which must be in the unincorporated
portion of the Town and the balance of which may be within contiguous
areas of incorporated villages within the Town.
B.
Permitted uses. If the underlying zoning is residential,
only residential, recreational, institutional and educational uses
may be included in the PUD, except that limited commercial uses may
be permitted which are clearly incidental and complimentary to the
proposed use. In no instance shall the commercial use exceed 10% of
the total development of the PUD. Property located in the following
districts are excluded from PUD consideration:
C.
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 entity at the time
of application for PUD Master Plan approval by the Town Board. The
application 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.
The application and approval procedure shall
consist of two sequential phases: application for change of zone and
approval of the PUD Master Plan and site plan review for individual
phases or lots of the project. The applicant may submit applications
for both phases simultaneously.
A.
Change of zone and PUD Master Plan.
(1)
Application. Any application pursuant to the provisions
of this section of this chapter shall be submitted in 10 copies to
the Town Board and include the following:
(a)
Petition for zone change. A petition for Change of Zone shall be submitted in accordance with the procedures and requirements set forth in Article XXVII of this chapter, entitled "Amendments."
(b)
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]
Existing topographic information, including
contours with a vertical interval of no more than two feet.
[3]
Existing natural and man-made features.
[4]
Aerial photograph at a scale not less than one
inch equals 100 feet encompassing all lands within 200 feet of the
PUD boundary.
[5]
The location of all existing roads, buildings,
structures and parking areas located within 200 feet of the proposed
PUD boundary.
[6]
The proposed elements of the vehicular and pedestrian
circulation systems.
[7]
A land use plan 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.
[8]
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.
[9]
The names and addresses of the applicant(s)
the property owner(s) and, if the applicant(s) is(are) other than
the property owner(s), evidence of his authority to act; and of the
planner, engineer, architect, surveyor and/or other professionals
engaged to work on the project.
[10]
A complete and accurate list of
names and addresses of the owners of all the lands within a radius
of 200 feet of the property affected by such application as appears
on the latest complete assessment roll of the County of Nassau.
(c)
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 ratio 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. The
written statement shall include a description of all proposed open
spaces, their uses, any proposed improvements or remediation thereto
and any proposed covenants to ensure their continuation as open spaces.
(d)
Underlying zoning. A description of the permitted
uses, maximum allowable density and the setback requirements of the
underlying zoning category shall be provided. In both written and
graphic form, provide a comparison of the proposed PUD Master Plan
to the potential development under existing zoning. The applicant
must demonstrate that the proposed uses are not only compatible to
the uses permitted under current zoning, but that the flexibility
afforded by the PUD designation would allow a superior site layout
than would conventional zoning.
(e)
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.
(f)
Full environmental assessment form (FEAF). All
PUD applications are subject to review under the requirements of the
State Environmental Quality Review Act (SEQRA).[1] Environmental impacts are to be assessed for the maximum
development possible within the proposed PUD. Consistent with the
provisions of SEQRA, the applicant may be directed to prepare a draft
generic environmental impact statement (DGEIS). The applicant may,
if he chooses, submit a DGEIS with the initial PUD application in
place of a FEAF. The scope of the DGEIS shall be developed in consultation
with the Commissioner of Planning and Economic Development.
[1]
Editor's Note: See Environmental Conservation
Law Art. 8.
(g)
Traffic impact study. A comprehensive study
of existing traffic volumes, turning movements and pedestrian counts
in the vicinity of the project and a projection of site-generated
volumes for each phase of the project. Traffic study must include
capacity analyses for present and future conditions.
(h)
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.
(i)
The PUD Master Plan application shall be accompanied by a fee in the amount indicated in the Town of North Hempstead Fee Schedule. In addition to said fee, the applicant shall be liable to the Town and shall reimburse the Town for costs of said application pursuant to § 70-98.8.
[Amended 4-11-2006 by L.L. No. 5-2006]
(2)
Preapplication conference. Prior to submittal of an
application for a PUD, the applicant shall schedule a preapplication
conference with the Commissioner of Planning and Economic Development.
(a)
Purpose and intent. The purpose of the preapplication
conference is to:
[1]
Facilitate the early exchange of information
between review agencies and the applicant.
[2]
Ensure that the applicant fully understands
the policies, requirements and legislative intent of the Planned Unit
Development District.
[3]
Identify potential problems or issues of concern
before the application is presented to the Town Board.
[4]
Provide the applicant with information regarding
existing or planned public facilities or services which may relate
to the proposed development.
(b)
Submission. Requests for preapplication conferences
shall be made in writing to the Commissioner of Planning and Economic
Development and shall be accompanied by five copies of each of the
following:
[1]
Location map of the proposed PUD District and
surrounding properties. Indicate site boundaries and present zoning
designations. Identify all roadways, major development features and
significant neighboring land uses.
[2]
Existing conditions map indicating all present
land uses on the site. Identify all significant environmental features,
including topography, wetlands, significant wildlife habitat areas
and special groundwater protection area boundaries (if applicable).
[3]
Schematic site plan of the proposed PUD. The
plan should identify the location of all proposed buildings, roads,
parking areas, utilities and other significant proposed features.
The plan should indicate the means of access and internal site circulation
as well as the proximity to mass transit facilities. The plan should
identify the extent and location of open space areas to be provided
or retained.
[4]
Analysis of the estimated development potential
(yield) of the site based upon present zoning.
[5]
Written description of the proposal describing
the basic concept of the plan, the reasons for establishing a PUD
and a supporting statement as to how the proposal will meet the legislative
goals of the PUD zone.
(c)
Conference. Within 10 days of receiving the
required materials, the Commissioner will schedule the preapplication
conference. The conference may be attended by the Commissioner of
Buildings or officials from other agencies as deemed appropriate.
The Commissioner of Planning will furnish the names of all officials
scheduled to attend the conference to the applicant in advance of
the meeting.
(d)
Minutes of conference. The Planning Department will prepare minutes of the conference and will furnish copies to the applicant within 10 business days following the conference. Following the completion of the conference and the resolution of all preapplication issues, the applicant may submit a complete application for PUD zoning and Master Plan approval as set forth in § 70-98.5A(1).
(e)
Disclaimer. It is not the purpose of the conference
to indicate any approvals or to prejudge in any way the environmental
and legislative determinations which will ultimately result from Town
Board review and public hearing. Any statement or indication of approval
by the Commissioner or other official at the preapplication conference
shall not be construed to imply that approval will be forthcoming
from the Town Board or any other agency having jurisdiction.
(3)
Public hearing. The Town Board shall hold a public hearing on the PUD Master Plan application. The public hearing may be held in combination with other public hearings applicable to the specific project, including site plan review and SEQRA hearings. The applicant shall provide notice of the hearing as set forth in § 70-240 of this chapter.
(4)
Standards and requirements. The Town Board will, without
limiting its legislative discretion, 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 to ensure that all uses are complementary within
development. Where potentially incompatible uses occur, additional
buffer areas may be required to avoid adverse impacts.
(c)
The extent to which the application incorporates
existing natural topographic and environmental features in its design.
(d)
The compatibility of the proposed uses with
the surrounding roadway network and neighboring land uses.
(e)
The anticipated impact of the proposed development
upon the immediate neighborhood and upon the Town as a whole.
(f)
The design of the phasing plan, to ensure that
uses in each phase of the PUD will have adequate services, including
streets, transportation, water supply, utilities and landscaping,
to suit its needs and that each phase will be self-sufficient if future
phases should be delayed or abandoned.
(g)
The extent to which the proposed development
may be served by mass transit systems, either existing or proposed
as part of the development.
(h)
The extent to which the application is in conformity
with the Town of North Hempstead Master Plan to ensure the development
does not conflict with Town goals or policies regarding future growth.
(i)
The proposed development is self-sufficient
in terms of off-street parking, drainage, sewage, utilities and transportation.
(5)
Action by the Board.
(a)
Following a public hearing, the Town Board shall
by resolution, act either to approve, approve with modifications or
disapprove the PUD change of zone and Master Plan application. A PUD
zone change application shall be granted only in conjunction with
the simultaneous approval or approval with modifications of a PUD
Master Plan. The Master Plan, as modified by the conditions established
by the Town Board in its approval and/or notations required to be
placed upon Master Plan maps and written documents, shall establish
the zoning density and land use limitations thereafter applicable
within said district.
(b)
Approval of the PUD change of zone and 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.
(c)
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 upon request by the
applicant.
(6)
As part of the Master Plan approval, the Town Board
will adopt specific dimensional standards and performance requirements
which will be applicable to the site-specific PUD. The dimensional
requirements shall include, but are not limited to, the following:
(a)
Minimum lot area.
(b)
Minimum road frontage.
(c)
Minimum setback and yard distances.
(d)
Minimum building separation.
(e)
Minimum landscaping and buffer requirements.
(f)
Maximum building height.
(g)
Maximum building and lot coverage.
(h)
Maximum net density.
(i)
Off-street parking requirements.
B.
Site plan review.
(1)
Approval of the PUD Master Plan by the Town Board
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 site plan review in accordance with
the PUD Master Plan and thereafter to design and submit site plan
applications for each subsequent phase. The applicant may apply for
site plan approval simultaneous with the PUD Master Plan application
for any phase(s) for which detailed design has been completed, with
the understanding that the Master Plan application may be disapproved
or approved with modification. In either case, a revision of the site
plan may be required.
(2)
The review and approval of site plans shall be in accordance with the standards, requirements and procedures as set forth in Article XXII, § 70-219 of this chapter, entitled "site plan review," with the additional requirements as set forth therein. 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, subject to the provisions of SEQRA,
may require a supplemental environmental impact statement if it finds
that a proposed site plan for one or more phases exceeds the level
of impact identified in the DGEIS for the PUD Master Plan.
(5)
The Town Board may condition its approval of any PUD
site plan upon the applicant obtaining other necessary approvals,
licenses or permits from the appropriate Town, county, state or federal
agencies that have jurisdiction thereof.
(6)
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 of the Master Plan. The failure of a specific lot owner
to meet the requirements imposed upon such individual lot pursuant
to site plan review shall not affect the approval or use of any other
lot in a PUD.
(7)
The applicant may be required by the Town or other
appropriate governmental jurisdiction to post performance bonds in
sufficient amount and duration 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.
(8)
Each application for 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.
Conditions of approval of both the PUD Master
Plan and site plan applications may include without limitations:
A.
Restrictions on the quantity, type and location of
each permitted land use.
B.
Requirements related to the construction, ownership,
operation and maintenance responsibility for both on-site and off-site
infrastructure improvements;
C.
Provisions assuring the permanent ownership, preservation,
and maintenance responsibility for required open spaces and for buildings
or sites of significant historical and/or archaeological value.
D.
Requirements related to the phasing, timing and/or
sequencing of the proposed development and related improvements.
E.
Requirements related to the maintenance and preservation
of open spaces.
F.
Any other items relating to the health, safety and
general welfare of the public.
Any proposed amendment to the PUD Master Plan
zoning requirements or approved site plan may be made only with the
approval of the Town Board and only after a public hearing with the
same notice as required for the initial PUD application. For certain
minor site plan amendments, Town Board approval may be waived pursuant
to § 70-219M.
A.
For all applications pursuant to this article, the
applicant shall be liable to the Town and shall reimburse the Town
for the following costs which may be incurred in processing its application:
(1)
Advertising.
(2)
Stenographic minutes of meetings.
(3)
Planning, engineering, traffic, hydrological, environmental
or other specialized studies performed by consultants which the Town
may deem reasonably necessary to assist it in the review and implementation
of the application.
(4)
Legal fees for special counsel if the Town Board determines
that special counsel is desired in connection with the application
and/or the implementation of the PUD.
(5)
Inspection costs.
(6)
Recording fees.
B.
Whenever it is determined that consultants or special
counsel are required, the Town shall issue a request for proposals
for these services. The estimated costs of such services, as set forth
in the proposal selected by the Town, will be furnished to the applicant
in advance of authorizing the consultant or counsel to proceed. The
applicant shall furnish to the Town written acknowledgment that he
is responsible for and will reimburse the Town for these costs.
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.
