A.
Intent.
(1)
It is the intent of this planned unit development
(PUD) article to provide flexible land use and design regulations
to provide for the rezoning of land so that small- to large-scale
neighborhoods or portions thereof may be developed in the Town. Planned
unit developments permit establishment of areas in which diverse uses
may be brought together in a compatible and unified plan of development,
which shall be in the interest of the general welfare of the public.
This section specifically encourages innovation in residential development
so that the growing demand for housing at all economic levels may
be met by greater variety in type, design and siting of dwellings
and by the conservation of important open space and more efficient
use of land in such developments.
(2)
This article recognizes that, while the standard
zoning function and the subdivision function are appropriate for the
regulation of the land use in areas of neighborhoods which are already
substantially developed, these controls may not be appropriate in
certain areas or for certain developments in the Town. 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 planned unit development 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 with an approval process
in which an approved plan becomes the basis for continuing land use
controls.
(3)
PUDs are allowed only in the following zones: Neighborhood Residential,
Moderate Density Residential, Rural Residential and Office Zones.
[Amended 9-14-2015 by L.L. No. 5-2015]
(4)
In no case shall the regulations of this article
be so interpreted as to circumvent the benefits of this chapter to
the residents or occupants of adjoining properties. PUDs, as defined
herein, may be established only in accordance with the procedure specified
in this article.
B.
Objectives. In order to carry out the intent of this article, the Planning Board shall consider the following objectives and find that the following objectives are satisfied by the project proposed pursuant to this article in order to issue a favorable report to the Town Board as provided in § 179-12-050:
(1)
Whether the project provides a choice in the
types of environment, occupancy tenure (e.g., individual ownership,
condominium leasing), types of housing and sizes and community facilities
available to existing and potential residents at all economic levels.
(2)
Whether the project provides more usable open
space and recreation and the linkage of open space areas.
(3)
Whether the project provides more convenience
to residents in the location of manufacturing, commercial and service
areas, if applicable.
(4)
Whether the project provides for the preservation
of trees, outstanding natural topographic and geologic features and
prevention of soil erosion.
(5)
Whether the project provides for a creative
use of land and related physical development which allows an orderly
transition of land.
(6)
Whether the project provides for an efficient
use of land resulting in smaller networks of utilities and services,
thereby lowering housing costs.
(7)
Whether the project provides a development pattern
in harmony with the objectives of the Comprehensive Plan.
(8)
Whether the project provides a more desirable
environment than would be possible through the strict application
of other articles of this chapter.
(9)
Whether the project provides scenic vistas,
historic sites, and prevents disruption of natural drainage patterns.
(10)
Whether the project utilizes landscaping and
building design to present a sense of community, of integrated color
schemes, architectural styles and layout.
(11)
Whether the project brings nonresidential services
to underserved parts of the Town.
A.
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 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.
B.
Minimum area. The minimum area for a PUD shall be
30 contiguous acres of land. The Town Board may consider projects
of lesser acreage where the applicant can demonstrate that the characteristics
of his holdings meet the purposes and objectives of this article.
C.
Residential density.
(1)
Base residential density. Base residential density
(BRD) in a PUD is that density as permitted in the original district
or districts in the current Zoning Ordinance. The residential density
allowed in a PUD (PUD density) shall not exceed 100% of the original
base residential density except as set forth below. The overall residential
intensity of the project cannot exceed the amount of available development
potential of the individual APA Land Use Intensity Zone if the proposed
PUD is located within the Adirondack Park.
(2)
Density bonuses. The Town Board may award a
density bonus to increase the number of dwelling units beyond the
base residential density. The density bonuses shall not make the total
number of dwelling units to exceed a maximum of 120% of the base residential
density as described below. Computations shall be rounded to the lowest
number. Density bonuses may be awarded the following:
(a)
For the inclusion of one LEED-certified dwelling
unit under the United States Green Building Council's LEED (Leadership
in Energy and Environmental Design) program, one dwelling unit may
be added as a density bonus. The bonus unit must also be LEED-certified.
The level of LEED certification does not matter.
(b)
For the inclusion of three dwelling units certified
as energy-efficient under the federal government's ENERGY STAR program,
one dwelling may be added as a density bonus. The bonus unit must
also be certified as energy-efficient under the federal government's
ENERGY STAR program. This density bonus shall not exceed 10% of the
base residential density.
D.
Nonresidential density. Nonresidential densities may
not exceed 20% of the total residential square footage in a PUD. For
the purpose of calculating allowable residential square footage, the
allowed base residential density shall be multiplied by a value of
2,000 square feet per allowable dwelling unit. The nonresidential
density is not to be counted toward the overall PUD density. For example:
40 acres of developable area in a one-acre zone would net 40 dwelling
units (base residential density). Multiply 40 dwelling units by 2,000
square feet/dwelling unit to yield 80,000 square feet of total residential
square footage. Multiply the 80,000 square feet by 20% to yield 16,000
square feet of allowable nonresidential square footage.
E.
Allowed use. Any type of residential use is permitted within a PUD, subject to the base density provisions in Subsection C above. Only those nonresidential uses which are compatible with the residential portion of the proposal as well as compatible with the existing neighborhood or general area are permitted within a PUD, subject to the base density provisions in Subsection D above.
F.
All homes and townhouses shall be ENERGY STAR qualified
homes, meaning they meet guidelines for energy efficiency set by the
United States Environmental Protection Agency.
G.
All other buildings, including multifamily buildings,
shall be "designed to earn ENERGY STAR," meaning they meet guidelines
for energy efficiency set by the United States Environmental Protection
Agency.
H.
Open space ownership. The type of ownership of any
land that set aside for open space shall be selected by the applicant,
subject to the approval of the Town Board, and shall be indicated
on the final plat. An acceptable type of ownership may include, but
is not necessarily limited to, the following:
(1)
Land preservation or conservation organizations
or trusts;
(2)
Public agencies or governmental bodies;
(3)
The Town, subject to acceptance by the Town
Board;
(4)
The owner or owners of an individual lot or
lots in the subdivision;
(5)
Homeowners' associations with the following
requirements:
(a)
The homeowners' association must be established
prior to the conveyance of any lot or parcel within the proposed subdivision;
(b)
Membership must be mandatory for each lot owner,
and each lot owner must have an equal voting right within the association;
(c)
The association organizational documents must
be submitted to, and approved by, the Town Board and/or its attorney,
as part of the subdivision approval process and must also be approved
by the Office of the Attorney General of New York State if required
by applicable laws, rules or regulations;
(d)
An estimate of the association's annual budget
must take into account insurance, property taxes, and maintenance
of the open space areas as well as other shared common areas or facilities
such as access roads and recreational areas;
(e)
The association must be able to adjust the homeowners'
fees or assessments on an annual basis and be able to collect and
enforce the payment of annual fees or assessments;
(f)
The association cannot be dissolved without
a vote of the association membership and without the conveyance of
the open space and common facilities to an entity acceptable by the
Town Board; and
(g)
The deed conveying title to each individual
lot in the subdivision must include reference to the fact that conveyance
is subject to and includes membership in a homeowners' association
pursuant to deed covenants either set forth in each deed or recorded
against the entire subdivision. Both grantors and grantees should
sign deeds of conveyance to ensure purchasers or grantees are aware
of the homeowners' association requirements, obligations and fees,
if any.
In determining whether a planned unit development
should be allowed, particularly as regards the intensity of land use,
the Town Board shall consider the following factors:
A.
The need for the proposed land use in the proposed
location.
B.
The availability and adequacy of water service.
C.
The availability and adequacy of sanitary waste disposal
facilities.
D.
The availability and adequacy of transportation systems,
including the impact on the road network.
E.
The pedestrian circulation and open space in relation
to structures, throughout the proposed development, and as part of
an adjoining or future connecting Townwide open and linear pathway
system.
F.
The character of the neighborhood in which the PUD
is being proposed, including the safeguards provided to minimize possible
detrimental effects of the proposed use on adjacent properties and
the neighborhood in general.
G.
The height and mass of buildings and their relation
to other structures in the vicinity.
H.
Potential impacts on local government services.
I.
Potential impacts on environmental resources, including
wetlands, surface water, floodplains, and plant and wildlife communities.
J.
The general ability of the land to support the development,
including such factors as slope, depth to bedrock, depth to water
table and soil type.
K.
Other factors as may be deemed appropriate by the
Town Board.
A.
Common property in a planned unit development 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. Common property shall be allowed
within a PUD and may include private streets, drives, services, parking
areas, and recreational and open space areas.
B.
The ownership of land dedicated for park, recreation
or open space use shall be determined by the property owner or applicant.
The person or entity having the right of ownership shall be responsible
for its proper maintenance and continued upkeep. Ownership shall be
with one of the following: the Town subject to its acceptance; another
public jurisdiction or agency subject to its acceptance; a private,
nonprofit organization incorporated with a purpose consistent with
the use and management requirements of the dedicated land; shared,
common interest by all property owners in a subdivision; a homeowners',
condominium or cooperative association or organization; or private
ownership encumbered by a conservation easement pursuant to § 247
of the General Municipal Law or §§ 49-0301 through
49-0311 of Environmental Conservation Law. 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, services, and parking
areas and recreational and open space areas.
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 Warren
County Clerk, the developer or his authorized agent shall apply for
and secure approval of such planned unit development in accordance
with the following procedures:
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1.
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Submit sketch plan to the Town Board for consideration.
If the Town Board determines that the proposal merits further review,
then it may refer the application to the Planning Board.
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2.
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Planning Board review of rezoning referral and
sketch plan and public hearing held by Planning Board.
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3.
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Planning Board report to Town Board.
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4.
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Town Board conducts a public hearing on rezoning
and conducts SEQR review.
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5.
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Upon approval of rezoning, review project elements
for subdivision or site plan approvals.
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A.
Application for sketch plan approval.
(1)
Sketch plan drawing. The application shall include
a sketch plan drawn to scale, though it need not be to the precision
of a finished engineering drawing, and it shall clearly show the following
information:
(a)
The location of the various uses and their areas.
(b)
The general outlines of the interior roadways
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 apartments, 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 such area, and a calculation of total permeable 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 or a moderate to
high susceptibility to flooding and 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. If
grades are less than 3%, the topographic map may be at ten-foot contour
intervals.
(g)
Principal ties to the community at large with
respect to transportation (pedestrian and vehicular), water supply
and sewage disposal.
(h)
General description of the provisions 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.
(j)
A long-form environmental assessment form.
(2)
Additional sketch plan documentation. 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.
(b)
A general statement as to how common open space
is to be owned and maintained.
(c)
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.
(d)
How the plan is in conformance with the Town's
Comprehensive Plan.
(e)
Evidence of the applicant's physical and financial
competence to carry out the plan and his awareness of the scope of
such a project.
(f)
A draft Zoning Ordinance amendment applicable
to the project for review by the Town Board. The draft shall identify
all amendments to the ordinance required by the PUD.
(g)
A fiscal impact analysis identifying projected
short- and long-term impacts on municipal and school district budgets.
(3)
In order to allow the Town Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit an application of his proposal to the Town Board. The Town Board, at its next regularly scheduled meeting, may, if it determines that the proposal merits review, refer the application to the Planning Board for review and recommendation. The date of Planning Board receipt of the application shall be the next regular meeting of the Planning Board. If the Town Board determines that the proposal does not merit review because it does not meet the objectives of this article, it shall not refer the application to the Planning Board and no further action on the application shall be taken. After referral by the Town Board and receipt of all required information, as determined by the Planning Board, the Planning Board shall hold a public hearing in accordance with the hearing requirements of § 179-16-120 of this chapter and shall render either a favorable or an unfavorable report to the Town Board within 60 days of the closing of the public hearing.
(4)
In reviewing the sketch plan, the Planning Board
may call upon any public or private agencies or consultants that the
Board feels are necessary to provide a sound review of the proposal.
In addition to the fee listed on the schedule of fees, the Planning
Board may charge a fee to developers of projects requiring legal and
technical review, provided that the fee reflects the actual cost of
legal and technical assistance to the Planning Board.
(5)
A favorable report shall include a recommendation to the Town Board that the proposal has merit and should proceed to further consideration by the Town Board, including a public hearing to be held for the purpose of considering planned unit development districting. It shall set forth the reasons supporting the recommendation and shall be based on the objectives set forth in § 179-12-010. Said report must include, at a minimum, the following findings:
(a)
That the proposal meets the intent and objectives
of planned unit development, as expressed in this article.
(b)
That the proposal meets all the general requirements
in this article.
(c)
That the proposal is conceptually sound in that
it meets a community need and it conforms to accepted design principles
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.
(d)
That there are adequate services and utilities
available or proposed to be made available in the construction of
the development.
(e)
That the proposal is in accordance with the
Comprehensive Plan and furthers the policies, goals and/or objectives
of the Comprehensive Plan.
(6)
An unfavorable report shall state clearly the
reasons therefor and, if appropriate, point out to the applicant what
might be necessary in order to receive a favorable report. The applicant
may, within 10 days after receiving an unfavorable report, file an
application for planned unit development districting with the Town
Board. The Town Board may then determine, on its own initiative, whether
or not it wishes to call a public hearing. If the Town Board determines
not to hold a hearing, no further action shall be taken and the application
shall be considered denied.
(7)
The Planning Board shall determine when all
of the necessary application material has been presented, and the
Planning Board shall submit its report within 60 days of such determination.
If no report has been rendered after 60 days, the applicant may proceed
as if an unfavorable report were given to him.
B.
Application for planned unit development districting.
(1)
Upon receipt of a favorable report from the
Planning Board or upon its own determination subsequent to an appeal
from an unfavorable report, the Town Board shall set a date for and
conduct a public hearing for the purpose of considering planned unit
development districting for the applicant's plan, in accordance with
the procedures established by the Town Board for holding meetings,
said public hearing to be conducted within 45 days of the receipt
of the favorable report or the decision on appeal from an unfavorable
report.
(2)
The Town Board shall refer the application to
the Warren County Planning Board for its analysis and recommendations,
and the Town Board shall also refer the application to such other
agencies or consultants it deems appropriate. If County Planning Board
review is not required, the Town Board may still refer the application
for its review and recommendations.
(3)
Within 30 days following receipt of the report
from the County Planning Board, the Town Board shall render its decision
on the application.
C.
Zoning for planned unit development. If the Town Board grants the planned unit development districting, the Zoning Map shall be so noted. The Town Board shall, 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 physical or social demands. Proposed density of the PUD shall be subject to § 179-12-020C and D of this article.
D.
Site plan and subdivision approvals. Subsequent to obtaining any rezoning under this article, individual project elements shall be subject to subdivision or site plan approvals, as applicable. The procedure for such approvals shall be as specified in Article 9, Site Plan Review, of this chapter for site plan approvals and in the Town of Queensbury Subdivision Regulations for subdivision approvals.[1]Due to the intent of PUDs and their flexible, yet cohesive,
nature the subdivision and site plan approval process may take place
simultaneously. Where procedures are in conflict, the more restrictive
process will apply.
If it becomes apparent in the subdivision and/or
site plan review process that certain elements of the sketch plan,
as approved by the Town Board, are not feasible and need significant
modification, the applicant shall present solutions to the Planning
Board to address the PUD subdivision and/or site plans, in accordance
with all of the above procedures. The Planning Board shall then determine
whether or not the modified plan is still in keeping with the intent
of the local law creating the PUD. If a negative decision is reached,
the site plan shall be considered disapproved. The applicant may then
produce another site plan in accordance with the approved PUD plan.
If an affirmative decision is reached, the Planning Board shall so
notify the Town Board, stating all of the particulars of the matter
and its reason for feeling the project should be continued as modified.
Preliminary site plan approval may then be given only with the consent
of the Town Board.
A.
If the applicant wishes to develop the PUD in phases,
or if the Town Board wishes to require that development be phased,
the applicant may then submit only those phases for site plan review
and/or subdivision approval per the approved staging plan. Any plan
anticipated to require more than 24 months to be completed shall be
required to be phased, and a phasing plan must be developed. The Zoning
Administrator may withhold the issuance of zoning or building permits
if the approved phasing plan is not being followed. A phasing plan
shall be submitted to the Board of Trustees as part of the PUD application
materials if development phasing is contemplated by the applicant.
The Town Board shall have the authority to approve, with or without
modifications and/or conditions, or deny the phasing plan based on
the following standards:
(1)
Each phase must be related to surrounding areas
and available public facilities in such a manner that failure to proceed
to subsequent phases will not adversely affect those areas or facilities.
(2)
Each phase when completed must be able to fully
function on its own or in conjunction with prior phases without dependence
on subsequent phases and each phase shall be fully completed prior
to the final approval of subsequent phases.
(3)
The infrastructure, as installed, shall be sufficient
to accommodate each planned phase of development.
(4)
Each phase shall have an appropriate ratio of
the various uses proposed for the development.
B.
Construction schedule. The applicant shall propose
and the Town Board shall review and approve a construction schedule
for the development of an approved PUD. Generally, commencement of
development of the PUD, or the first phase if a phased PUD is approved,
must occur within two years of the date that the final site plan of
the PUD is approved. However, it is recognized that, depending on
the scale and complexity of the development, consideration may be
made with respect to the reasonable time necessary for the applicant
to obtain construction financing, insurance and bonds, executing construction
contracts, and other such aspects involved in a development project.
Thus, the Town Board may modify the time period allowed for commencement
of construction depending on the circumstances of each PUD.
No building permits shall be issued for construction within a Planned Unit Development District until improvements are installed or financial security is posted in accordance with the procedures of § 179-12-090 of this chapter and/or the Town of Queensbury Subdivision Regulations.[1] Construction may also not occur until such other requirements
and conditions as established by the Town Board and Planning Board
have been met.
The Town Board may require the posting of financial
security in the form of a bond, letter of credit or other instrument
in order to ensure that improvements are carried out as specified
in the plans and approvals. The Boards shall follow the procedures
in the Town of Queensbury Subdivision Regulations[1] or New York State Town Law § 277(9) for such
financial security.
Unless otherwise specified or extended by the
Town Board, any PUD approval shall expire if the applicant fails to
undertake the proposed action or project within one year from the
filing date of such decision thereof. In the case of a phased project,
the PUD approval shall expire if the applicant fails to undertake
the designated phase within one year of the approved schedule.
All Planning Board decisions shall be filed
with the Town Board and Town Clerk, and the Town Board shall file
all decisions with the Planning Board and Town Clerk. The applicant
shall receive copies of all decisions.
A.
Fees for planned unit developments shall be set in accordance with a schedule of fees as adopted by the Town Board pursuant to § 179-16-110.
B.
In addition to the fee listed on the schedule of fees,
the Town may charge a fee to developers of projects requiring legal
and technical review, provided that the fee charged reflects the actual
cost of legal and technical assistance to the Planning Board and the
Town Board.
