A.
Purpose. The purpose of a planned unit development
(PUD) shall be:
(1)
To encourage flexibility in the design and development
of land in order to promote its most appropriate use;
(2)
To achieve economies in the construction of an adequate
and efficient road and utility system;
(3)
To facilitate the provision of usable open space;
(4)
To preserve the natural and scenic qualities of the
environment; and
(5)
To substitute an approved development plan for conventional
zoning regulations as the basis for continuing land use and development
controls for the PUD area.
B.
Objectives. The objectives of a PUD are as follows:
(1)
The unified development of a substantial land area
with such combination of structures and uses as shall be appropriate
to an integrated plan for the area.
(2)
A maximum choice in the types of housing, occupancy
tenure (e.g., individual ownership, cooperatives, condominiums or
leasing), lot size and community facilities available to existing
and potential Town residents at a range of economic levels.
(3)
The preservation of trees, drainageways, outstanding
natural features and the minimizing of soil erosion.
(4)
A creative use of land and related physical development
which allows an orderly transition of land from more-intensive to
less-intensive uses.
(5)
More usable recreation space and open areas.
(6)
An efficient use of land resulting in smaller networks
of utilities and roads, thereby lowering housing and community costs.
(7)
A development pattern in harmony with the long-range
objectives of the Town Master Plan.
(8)
A more desirable environment than would be possible
through the strict application of traditional regulations of this
chapter.
C.
Permitted land uses. Any land use or activity listed
in Schedule I[1] of this chapter as being permitted by right (P), with special conditions (SC) or by special permit (SP) for either the R, SR, UR or B District shall be permitted in a PUD when approved in accordance with the provisions of this Article V.
[1]
Editor's Note: Schedule I is located at the
end of this chapter.
In a PUD area, the following design regulations
and criteria shall apply:
A.
The proposed project area shall encompass a contiguous
land area of 50 acres under single or corporate ownership or, if less
than 50 acres, of sufficient acreage to constitute a large planning
unit having special attributes for integrated development.
B.
A minimum of 15% of the gross site area of the PUD
shall be devoted to common open space.
C.
The number of dwelling units in a PUD shall be no
more than the maximum number of units permitted by conventional zoning
regulations for the district into which the Planning Board determines
the particular use would fall according to its character, extent and
location. In calculating the maximum dwelling units permitted, only
the gross area of the PUD actually proposed for residential development
and common open space shall be used.
D.
Up to 15% of the gross land area of a proposed PUD
may be used for nonresidential purposes, including the parking and
service areas that may be required by any proposed nonresidential
uses.
A.
Application. An applicant wishing approval for a PUD
must submit 13 copies of a preliminary proposal to the Town Planning
Board. The preliminary proposal shall explain and show the following
information:
(1)
Location and extent of all proposed land use, including
open space.
(2)
All interior streets, roads, easements and their planned
public or private ownership, as well as all points of ingress and
egress from existing public rights-of-way.
(3)
Specific delineation of all uses indicating the number
of residential units and the number of each residential housing type,
as well as the overall project density.
(4)
The overall water and sanitary sewer system with proposed
points of attachment to existing systems, the proposed stormwater
drainage system and its relation to existing systems, evidence of
preliminary discussion with the New York State Department of Health
of the proposed sewer and water system or their recommended modifications.
(5)
Description of the manner in which any area that are
not to become publicly owned are to be maintained, including open
space, streets, lighting and others, according to the proposals.
(6)
If the development is to be phased, a description
and graphic representation of the phasing of the entire proposal in
terms of length of time, type and number of units or activities completed
per phase.
(7)
Evidence, as required by the Planning Board, of the
applicant's ability to complete the proposed PUD.
(8)
A description of any covenants, grants of easement
or other restriction proposed to be imposed upon the use of the land,
buildings or structures, including proposed easements for public utilities.
(9)
A written statement by the landowner setting forth
the reasons why, in his opinion, the proposal would be in the public
interest and would be consistent with the Town goals and objectives
for a PUD.
(10)
A long-form environmental assessment of the
proposed project.
B.
Developer's conference. Within 45 days after the date of submission of a preliminary proposal, the Planning Board will schedule one or more conferences with the applicant to review the proposed PUD. If said project appears to be generally in accordance with the objectives and guidelines of this Article V, the Planning Board and applicant shall jointly consider the conditions and specifications under which the proposal may be approved. After such conferences, if the applicant wishes to proceed with the PUD, a written statement of intent to comply with the conditions and specifications must be submitted to the Planning Board by the applicant.
C.
Action on the preliminary proposal.
(1)
The Planning Board shall review the preliminary proposal
plan and its related documents and shall render either a favorable
report or an unfavorable report. The report of the Planning Board
shall be provided to the Town Board and to the applicant.
(2)
A favorable report shall be based on the following
findings, which shall be included as part of the report:
(a)
The proposal conforms to the Comprehensive Plan.
(b)
The proposal meets the intent and objectives of a planned unit development as expressed in § 150-29.
(d)
The proposal is conceptually sound in that it
meets local and area-wide needs, and it conforms to accepted design
principles in the proposed functional roadway and pedestrian system,
land use configuration, open space system, drainage system and scale
of the elements both absolutely and to one another.
(e)
There are adequate services and utilities available
or proposed to be made available in the construction of the development.
(3)
An unfavorable report shall state clearly its reasons
and, if appropriate, shall indicate to the applicant potential modifications
that might result in a favorable report.
(4)
The Chairman of the Planning Board shall certify when
all necessary application materials have been presented; and the Planning
Board shall submit its report within 62 days of such certification.
If no report has been rendered after 62 days, the applicant may proceed
as if a favorable report was given to the Town Board.
D.
Factors for consideration. The Planning Board's review
of a preliminary proposal shall include but is not limited to the
following considerations:
(1)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths and traffic
controls.
(2)
Adequacy and arrangement of pedestrian traffic access
and circulation, including separation of pedestrian from vehicular
traffic.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4)
Location, arrangement, size and design of buildings,
lighting and signs.
(5)
Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting a visual and/or noise-deterring buffer
between adjacent uses and adjoining lands.
(6)
The adequacy of usable open space for playgrounds
and informal recreation.
(7)
Adequacy of the stormwater system and required public
services, existing and proposed.
(8)
Adequacy of structures, roadways and landscaping in
areas with moderate to high susceptibility to flooding and ponding
and/or erosion.
(9)
Protection of adjacent properties against noise, glare,
unsightliness or other objectionable features.
(10)
A project consistent with an appropriate development
of adjacent areas and not unreasonably detrimental to the existing
structures and uses in such areas.
(11)
Conformance with other specific conditions of
the Planning Board which may have been required in the Board's examination
of the preliminary proposal and agreed to in the developer's statement
of intent.
E.
Application for PUD districting.
(1)
Upon receipt of a favorable report from the Planning
Board, or upon receipt from the applicant of application for PUD districting
notwithstanding receipt of an unfavorable report, submitted by the
applicant to the Town Clerk within 10 days of receipt of an unfavorable
report, the Town Board shall set a date for and conduct a public hearing
for the purpose of considering a PUD District for the applicant's
plan. Said public hearing shall be conducted within 62 days of receipt
of the favorable report or the applicant's application for PUD districting
notwithstanding an unfavorable report.
(2)
The Town Board shall refer the application to the
Wayne County Planning Department for its review and recommendations
pursuant to the provisions of § 239-m of the General Municipal
Law.
[Amended 11-23-2015 by L.L. No. 5-2015]
No changes may be made in the approved final plan during the
construction of the planned development except by application under
the procedures set forth below:
A.
Minor changes in the location, size and height of buildings, width
and depth of lots, road alignment or stormwater drainage provisions
may be approved by the Code Enforcement Officer if required by engineering
or other circumstances not foreseen at the time the final plan was
approved. No change authorized by this section may increase the size
or square footage of any building by more than 10%.
B.
Any changes in land use, any rearrangement of lots,
blocks or buildings tracts, any changes in the provision of common
open space and any other significant change in the final development
plan must be approved by the Town Board in the same manner and following
the same procedures as were applied to the original development plan.
If any part of the proposed PUD involves the
subdivision of land into smaller parcels for sale to individual owners,
including townhouse development, the site plan review and public hearing
required for the PUD shall suffice for the Planning Board review and
hearing required by Town subdivision regulations. In such event, the
developer shall prepare a subdivision plat suitable for filing with
the Wayne County Clerk. (See Town of Ontario subdivision regulations
on file in the Town offices.)
