A.
The planned residential development (hereinbelow "PRD")
procedure provides a flexible land use and design regulation through
the use of performance criteria to encourage the development by either
the private or public sector of low- and moderate-income housing within
the Town of Woodstock. For purposes of this PRD District procedure,
the Town Board shall interpret the upper limit of moderate income
to be 120% of the median income for the Town of Woodstock or Ulster
County, as established by the Department of Housing and Urban Development
(HUD) or its successor agency, whichever amount shall be greater.
B.
The conventional use, area, bulk and density provisions set forth by other sections of this chapter are replaced through application of the planned development procedure by the approved PRD District plan, which becomes the basis legislatively established by the Town Board for the detailed design, review and control of subsequent development within the PRD District. While flexibility in substantive regulations is thus encouraged, it is intended that this uniform procedure and the required conformance with the Town of Woodstock Comprehensive Plan, municipal service capability, and the purposes of this chapter, as specified in § 260-4, shall ensure the general welfare through equal treatment under law, as well as precise control of all aspects of the development as approved.
The legislative determination to establish a
Planned Residential Development (PRD) District shall be strictly based
upon the following criteria:
A.
Location. A PRD District may only be created through
rezoning of lands in the R5, R3, R1.5 or HR District.
B.
Development area. The minimum development area required
to qualify for rezoning to a PRD District shall be two contiguous
acres. The calculation of such land area shall not include existing
streets, easements, parks or otherwise dedicated land or water areas
in excess of 5% of the minimum gross acreage, nor include lands undevelopable
by reason of topography, drainage, periodic inundation by floodwaters,
or adverse subsurface conditions.
C.
Ownership. The tract of land proposed for rezoning to PRD shall be owned, leased or controlled by a single person, as defined in § 260-123 of this chapter. The approved PRD District plan and its amendments shall be binding on both the present owner or owners and successors in title and interest.
D.
Permitted uses in PRD Districts. All uses within an
area designated as a PRD District are determined by the provisions
of this article and the approved plan of the project concerned.
(1)
Residences may be of any building type consistent
with the intent and objectives of this PRD regulation, except that
building height shall be restricted to 35 feet or 2 1/2 stories
as otherwise provided within this chapter, and that no mobile homes
shall be authorized within the PRD District.
(2)
Forty percent of the units in each building or PRD or, in the case of two or more contiguous PRD's, 40% of the units constructed, may be rented or sold to those who exceed the income limitation in § 260-88 above.
(3)
Private garages and carports, storage spaces and recreational
and community facilities shall be permitted as appropriate within
the PRD District and responsive to the needs of the prospective user
population.
E.
Permitted density. The density permitted within the
PRD District shall be as determined by the approved PRD District site
plan, except that the density may not exceed 14 dwelling units per
acre in the case of senior citizens' housing or 10 dwelling units
per acre in the case of family housing. A PRD including a mix of senior
citizens' and family housing shall provide not less than 1/14 of an
acre of lot area for each senior citizens' housing unit and not less
than 1/10 of an acre of lot area for each family unit within the PRD.
F.
Central water supply and/or common sewage disposal
facilities may be required by the Planning Board and, if so, shall
be provided in accordance with the requirements of the Town of Woodstock
and the Ulster County Health Department.
G.
Yard requirements. Minimum front, side and rear yards
within the PRD shall be double, that is, increased by 100%, the depth
of those required within the zoning district from which the PRD has
been created. Doubling of the minimum required front, side and rear
yard does not, however, apply to setback requirements from any internal
streets or roadways within a planned residential development.
H.
Maximum number of dwelling units. The maximum number
of dwelling units permitted within an individual PRD District, or
in the combination of two or more contiguous PRD Districts, that are
served by the Hamlet Sewer District and the Woodstock Water District,
shall be 80 dwelling units. In areas not served by municipal water
and sewer, the maximum number of units permitted shall be 20 units.
In the case of senior citizens' housing, the maximum number of units
in a structure shall be 12 for one-story construction and 24 for two-story
construction. In the case of family housing, or a mix of units in
a single structure, the maximum number of units in a single structure
shall be four and eight units, respectively.
I.
Off-street parking. Within a PRD District, one off-street
parking space shall be provided for each senior citizens' dwelling
unit and 1 1/2 off-street parking spaces shall be provided for
each family dwelling unit.
J.
Entrances, hallways, and doors between rooms must
be wheelchair and handicapped accessible.
A.
Application for establishment of a Planned Residential
Development (PRD) District shall be in writing to the Town Board.
The Town Board shall refer the application to the Planning Board and
its professional planning consultant for review and recommendation
within 30 days of the date of the application. The Planning Board
shall require the applicant to provide basic site data pertaining
to the boundaries of the proposed PRD District, existing zoning, topographic
and subsurface conditions, and such preliminary plans as may be required
by the Planning Board for a reasonable understanding of the scope,
nature and character of the proposed PRD development.
B.
Planning Board review.
(1)
In its review of the PRD District application, the
Planning Board shall consider, among other factors, the following:
(a)
The need for the proposed land use or uses within
the Town and at the location proposed;
(b)
The existing character of the neighborhood in
which the use or uses would be located;
(c)
The location of the principal and accessory
buildings on the site in relation to one another and neighboring development;
(d)
The pedestrian circulation and open space distribution
in relation to the structures and to prospective user needs; and
(e)
The traffic circulation features within the
site, and the amount, location and safety of access both to the site
and within the site, including the overall provision of vehicular
parking areas.
(2)
The Planning Board may recommend at this stage in
the PRD procedure such changes in the PRD District plans that it deems
necessary to protect established or permitted uses in the vicinity,
promote and protect the orderly growth and sound development of the
Town, and otherwise meet the spirit and intent of this chapter.
(3)
The Planning Board shall recommend approval, approval
with modifications, or disapproval by the Town Board of such PRD District
application and shall report within 45 days of the date of referral
from said Board, or from the date that all information requested by
the Planning Board is submitted, whichever is later.
C.
Town Board action. Upon receipt of the Planning Board's report, or upon the failure of the Planning Board to act within the prescribed time period, the Town Board may then act upon the legal establishment of a PRD District through amendment of the Town's Zoning Map. The procedure to be followed by the Town Board shall be in strict accordance with the provisions of Article XIII of this chapter and other applicable laws, rules and regulations.
A.
Upon approval of the Planned Residential Development
(PRD) District by the Town Board, application shall be made within
60 days for approval of all or some portion of the intended PRD District,
in accordance with the more specific review requirements of the Town's
Land Subdivision Regulations,[1] as amended, the site plan review and approval procedure contained in Article VII herein, or other applicable regulations.
B.
Additional performance requirements which may have
been specified by the Town Board in its PRD approval action, such
as a time limit for either initiation or completion of improvements
and other construction work on the PRD District, shall also be strictly
enforced. If these performance requirements are not met, the property
shall revert to its prior zoning classification, unless the Town Board,
upon specific application and for good cause, authorizes an extension
of such performance requirements.
All conditions imposed by the Town Board, including
those the performance of which is a condition precedent to the issuance
of any permit necessary for the development of the planned residential
development (PRD), or any portion thereof, shall run with the land
and shall neither lapse nor be waived as a result of any subsequent
change in the tenancy or ownership of any or all of said area. Such
conditions shall further be a part of any certificate of occupancy
issued for any use or structure in such PRD District.
