[Amended 6-13-2000 by L.L. No. 2-2000]
[Amended 5-14-2013 by L.L. No. 2-2013]
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 and service base consistent with the objectives of the
Somerset Comprehensive Plan. In addition, the PUD District is intended
to encourage imaginative ways of accommodating environmental considerations
and conservation into the development plan to strike a balance of
physical features, environmental responsibility and development opportunity.
The PUD District is a "floating zone," which can be applied through
a rezoning application, to a property or properties within the Town.
The Town, in determining whether to allow the use of the PUD District,
shall consider the Town's Comprehensive Plan and the objectives of
this district.
A.
A requisite of the PUD 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 section establishes new procedures for the review
and consideration of a proposal for a PUD District.
B.
An application for any development within an existing PUD District
and any proposed new PUD District must promote and adhere to most
of the following objectives:
(1)
Present a varied choice of the type of environment, tenure, types
and costs of housing, commercial uses, economic opportunities and/or
recreation and community facilities that exist within the Town.
(2)
Offer a more efficient and economic arrangement of land uses, traffic
circulation, utilities, open space and services that would lessen
the cost and maintenance of the development.
(3)
Incorporate uses and facilities that consolidate infrastructure and
ancillary services to encourage self-sufficiency of the ultimate development.
(4)
Integrate the comprehensive design of stormwater management drainage,
flood control and open space into the development plans.
(5)
Provide for the safe and adequate conveyance of trucks, automobiles,
pedestrians and bicyclists consistent with public safety and the capacity
of the existing transportation system.
(6)
Extend and enhance the usable recreation and open space in the community
via size, location, diversity and suitability for use.
(7)
Preserve the physical features of the area to the greatest extent
possible, including the natural topography, soils, woodlands, vegetation,
marshlands, floodplains and geologic features of the landscape.
(8)
Offer a creative use of land 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.
(9)
Achieve a balance of natural and developmental elements to complement
the surrounding environment and provide a succession of land uses
within the development area.
(10)
In the coastal area, promote the use and access to the waterfront
consistent with the resources of the area and its environmental sensitivities.
(11)
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.
(12)
Create a more desirable development atmosphere than would be
possible through the strict application of other sections of this
Zoning Ordinance.
(13)
Offer a development pattern in harmony with and in furtherance
of the Town of Somerset Comprehensive Plan.
A.
A requisite of the PUD 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 section establishes new procedures for the review
and consideration of a proposal in the PUD District.
B.
An application for any development within an existing PUD District
or any proposed new PUD District must promote and adhere to the following
objectives:
(1)
Present a varied choice of the type of environment, tenure, types
and costs of housing, commercial uses, economic opportunities and/or
recreation and community facilities that exist within the Town.
(2)
Offer a more efficient and economic arrangement of land uses, traffic
circulation, utilities, open space and services that would lessen
the cost and maintenance of the development.
(3)
Incorporate uses and facilities that consolidate infrastructure and
ancillary services to encourage self-sufficiency of the ultimate development.
(4)
Integrate the comprehensive design of stormwater management drainage,
flood control and open space into the development plans.
(5)
Provide for the safe and adequate conveyance of trucks, automobiles,
pedestrians and bicyclists consistent with public safety and the capacity
of the existing transportation system.
(6)
Extend and enhance the usable recreation and open space in the community
via size, location, diversity and suitability for use.
(7)
Preserve the physical features of the area to the greatest extent
possible, including the natural topography, soils, woodlands, vegetation,
marshlands, floodplains and geologic features of the landscape.
(8)
Offer a creative use of land 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.
(9)
Achieve a balance of natural and developmental elements to complement
the surrounding environment and provide a succession of land uses
within the development area.
(10)
In the coastal area, promote the use and access to the waterfront
consistent with the resources of the area and its environmental sensitivities.
(11)
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.
(12)
Create a more desirable development atmosphere than would be
possible through the strict application of other sections of this
Zoning Ordinance.
(13)
Offer a development pattern in harmony with and in furtherance
of the Town of Somerset Comprehensive Plan.
[Amended 5-14-2013 by L.L. No. 2-2013]
A.
Uses and structures permitted in the PUD District are as follows:
(1)
Principal and special permit uses and structures including farm-related
activities and other activities as permitted in the RLS Lake Shore
Residential District, R-2 Single- and Two-Family Residential District,
B Business District, GI General Industrial District and I Industrial
District or similar uses as determined by the Planning Board and related
accessory uses.
(2)
Permitted uses shall provide a mixture of activities, open space,
services and infrastructure to provide a multiuse development designed
as a cohesive development and planned as a consolidated entity. The
development may contain a mixture of business/industrial type uses
and residential uses, or can contain just a mixture of business/industrial
type uses. It is not the intent of the Somerset PUD zoning to only
create a mixture of business and residential uses. Approved concept
and development plans are required for the entire area.
(3)
Accessory uses and structures as permitted in the RLS, R-2, B, GI
and I Districts.
B.
Dimensional and developmental requirements.
(1)
Area. The minimum area designated for establishment of a PUD District
shall be 10 acres. The minimum area eligible for addition to any existing
PUD District for the expansion of that district shall be two acres,
subject to the approval of the Planning Board for infrastructure and
coordination of area development.
(2)
Lot size and yard requirements: If creating lots within the proposed
PUD, the minimum lot designated for any eligible use shall generally
be as required for the district in which it is allowable (RLS, R-2,
B, GI or I Districts). However, clustering and innovative grouping
of structures for site design and protection of open space or natural
features is encouraged and eligible for approval through the PUD rezoning
process rather than through strict adherence to the lot setback, width
and yard requirements (no variances would be needed by the Zoning
Board of Appeals).
(3)
Height. The maximum height of any structure shall be set by the approved
plan.
(4)
Landscape and open space. There shall be a minimum of 25% open space
for the entire development, which shall be exclusive of stormwater
management areas, roadways, driveways, buildings, paved surfaces of
parking areas, and utility facilities. 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, ensure
proper light and ventilation around buildings and/or link development
elements.
(5)
Public facilities. There shall be the provision of adequate public
facilities to accommodate the proposed development, including sanitary
sewerage, potable water and roadways sufficient in size and design
in accordance with local and state standards. Appropriate sites suitable
for fire protection shall be identified and offered for dedication
to the Town.
(6)
Streets. All streets, rights-of-way, entrances and circulation drives shall conform to the Town of Somerset Highway Construction Standards (Chapter 114) and as regulated by the New York Department of Transportation for state highways and their entry, Niagara County Department of Public Works for county highways and their entry and the Somerset Highway Department for Town roads and their entry.
(7)
Parking. Minimum parking for each use shall be as required in Article XIV for that individual activity. Multiuse parking facilities are encouraged, and the total required spaces shall be reduced up to 15% for those required for the separate uses due to the shared nature of the multiuse plan. Parking spaces shall be a minimum of nine feet by 18 feet with a twenty-foot aisle for circulation. There shall be at least 25% of each parking area reserved for open space and properly landscaped to interrupt the continuity of paved surface [which shall be countable as open space under the requirements listed in Subsection B(4) above]. All parking lots shall be paved with asphalt or an equivalent permanent surface, curbed and properly drained.
(8)
Use limitation. The following uses shall be prohibited in the PUD
District:
(a)
Uses that produce earth jarring, vibration or noise beyond the
structure within which the use is contained.
(b)
The storage, sale, distribution or use of hazardous materials
or their by-products; or the storage of any material which would unreasonably
increase the risk of fire hazard to adjoining buildings.
(c)
Any use or process which would cause the emission of noxious
odors or gases beyond the building, constituting a nuisance to adjacent
structures or potentially injurious to nearby occupants or property.
(d)
Activities which produce smoke, fly ash, dust, dirt, fumes or
stack emissions that exceed state air quality regulations.
(e)
Fugitive dust. There shall not be discharged locally from any
operation on any lot: fly ash, dust, dirt, smoke, vapor or gas that
results in an unsightly condition or could result in damage to the
public health, animals or vegetation or that exceeds the approved
regulatory standards of state or federal permitting agencies.
(f)
Outdoor storage of junk, refuse, trash, secondhand materials
or abandoned automobiles.
[Amended 5-14-2013 by L.L. No. 2-2013]
A.
Preapplication conference. Each proposal for the rezoning of an area
to PUD or the potential development of an existing PUD (that does
not have an approved plan or has requested a modification to an approved
plan) shall be scheduled with the Code Enforcement Officer and other
Town officials as appropriate.
B.
Sketch plan.
(1)
The applicant shall prepare and submit a sketch of the conceptual
development of the site and the primary components to be included
in the development.
(2)
The sketch shall be prepared on a survey of the property(ies) involved
and of sufficient scale to demonstrate the major natural features,
roads, proposed circulation, development elements and the conceptual
areas proposed for the project.
(3)
The sketch shall be submitted to the Code Enforcement Officer as
a preliminary indication of intention to develop and the initiation
of the development review process.
(4)
The Code Enforcement Officer, upon receipt of the conceptual development
sketch, shall immediately notify the Town Board and Planning Board
of such plan in writing. Preliminary consideration of such sketch
shall take place at the next meeting of each of the Boards.
(5)
Based on input by the Planning Board and others, the Town Board will
decide whether the PUD rezoning request would be entertained (authorized
to move forward in the process). If entertained, the applicant can
proceed to the next steps. Entertainment of the application by the
Town Board does not bind the Town Board to approve the PUD.
C.
Development plan. Upon successful consideration of the sketch concept
plan, and if the applicant chooses to proceed, a development plan
shall be submitted to identify proposed uses on the site in accordance
with the following (this development plan, if approved, would represent
the zoning of the site):
(1)
One map at a scale of one inch equals 200 feet or greater identifying
the property boundaries, existing structures, adjacent uses and road
systems, topography at five-foot intervals, existing natural features,
drainage features, wetlands, floodplains, and coastal and other environmental
features.
D.
Proposed land uses, acreage of each and estimated development densities
(dwelling units, approximate square footage of buildings, etc.). In
addition to the development plan, the applicant shall submit the following
information to assist with the review of the PUD designation:
(1)
Proposed access and circulation and their connection to the highway
system; primary pedestrian and bicycle circulation.
(2)
Existing and proposed water and sewer systems to serve site development,
their connections to the municipal system and the adequacy of that
system to accommodate proposed flows.
(3)
Preliminary grading implication for proposed development, stormwater
management drainage and erosion and any development impact on floodplains,
floodways and wetlands.
(4)
Preparation of a State Environmental Quality Review Act environmental assessment form (Part 1) for the proposed development and any necessary backup/supplemental information needed.
(5)
Treatment of major open space areas and primary landscape forms.
(6)
Sketches of typical structures and development elements to identify
the basic concepts and the architectural approach to be used.
(7)
Any additional information requested by the Planning Board or Town
Board.
E.
Planning Board review. A development plan and other information received
by the Town Code Enforcement Officer shall be sent to the Town Engineer,
Highway Superintendent and such other agencies or Town officials as
appropriate for review and recommendation. The Code Enforcement Officer
shall forward all documents and comments to the Planning Board for
its review. Within 62 days of submission of complete documentation
to the Planning Board, 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's determination
and any basis for its findings.
F.
Town Board determination. Upon receiving a recommendation for approval
from the Planning Board or upon receipt of any 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 (rezoning of property) to consider the development
plan submitted. The Town Board shall make a determination and decision
on the development plan within 62 days of the public hearing (this
time period does not begin unless the SEQRA process is completed),
considering the regulations and the objectives of the PUD contained
therein; the report of the Planning Board in its deliberations; the
comments from the public hearing; the SEQRA process and any pertinent
documentation; and the protection of the public health, safety and
welfare. A decision by the Town Board on the approval or amendment
of a PUD or the approval of a development plan shall constitute a
zoning determination (a rezoning of the property–local law revision)
and include the same rights and obligations of a zoning matter. The
development plan shall become an amendment to the zoning classification
for the designated properties and thereby modify the Town Zoning Map
and the eligible uses appropriately. The modification of the development
plan, once approved by the Town Board, is through the same process
in which it was originally approved.
G.
Development plan implementation. Upon approval of a development plan (rezoning to PUD) by the Town Board, specific site development approval may then proceed in accordance with the approved PUD plan, and the standard review requirements of the Somerset Zoning Ordinance. (Applications can be made to the Town for site plan and, if necessary, subdivision approval.) The applicant can proceed with approval and development of the entire PUD, or the applicant can apply for any portion of the development area designated by the approved development plan. These applications shall be submitted consistent with the regulations and procedures of Town site plan review and, if applicable (creating subdivision lots), Chapter 171, Subdivision of Land.
H.
Proposed development shall be generally consistent with the approved
PUD plan as determined by the Planning Board.
