[Added 7-19-2004 by L.L. No. 6-2004]
A.
The regulations for planned unit developments, hereinafter
referred to as PUDs, are intended to provide a means for the development
of entirely new residential, commercial or industrial subdivisions,
parks or estates in which certain economies of scale or creative architectural
or planning concepts may be utilized by a developer without departing
from the spirit and intent of this chapter. 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 such development or
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.
The establishment of a PUD should reflect and encourage
developments that promote the goals and objectives of the Town of
Saratoga Comprehensive Land Use Plan adopted March 11, 2002, and any
amendments or updates adopted thereafter.
C.
The purpose of the planned unit development regulations
is to encourage flexibility in the design and development of land
in order to promote its most appropriate use; to preserve the natural
and scenic qualities of open space; and to encourage the goals and
objectives of the Town of Saratoga Comprehensive Land Use Plan.
The site plan for a PUD shall not be less than
15 acres for a residential development, three acres for a commercial
development or five acres for an industrial development; provided,
however, that where an applicant can demonstrate that the characteristics
of his holdings will meet the objectives of this article, projects
with less acreage will be considered; and further provided that in
the event that the Town Board is considering a project with less acreage,
the affirmative vote of not less than 4/5 of the members of the Town
Board shall be required to establish such a PUD. 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, lands officially designated on the official
map of the Town or county as they may be prepared for public purposes
or lands undevelopable by reason of topography, drainage or adverse
subsoil conditions. Sites proposed for development for two or more
classifications shall consist of the aggregate gross land area required
for each use. The proposed development shall conform to the Town of
Saratoga Comprehensive Land Use Plan.
A.
The owner of the land or agent thereof shall submit
an application for a PUD rezoning (or any amendment to an existing
PUD) to the Town Board. An application fee of $3,000 shall accompany
the application. A sketch plan, drawn to scale, together with a narrative
description, shall also accompany the application. The Town Board
at its next regularly scheduled meeting may, if it determines the
proposal merits review, refer the application with a copy of the sketch/plan
to the Planning Board for its review and recommendation within 40
days of the date of the application. Any such referral to the Planning
Board should not be construed as an approval of the application. If
the Town Board determines that the proposal does not merit review
because it does not meet the purposes of this article, it shall not
refer the application to the Planning Board, and no further action
on the application shall be taken. The application fee will be refunded
to the applicant.
[Amended 5-14-2007 by L.L. No. 1-2007; 8-8-2011 by L.L. No.
2-2011]
B.
The Planning Board shall require the applicant to
furnish basic site data pertaining to the boundaries of the proposed
PUD or of an amendment to a PUD, existing zoning, topography, subsoil
conditions and such other data as the Planning Board may deem appropriate,
and such preliminary plans as may be required for an understanding
of the proposed development, with the petition for the desired PUD.
All applications for PUDs or for amendments to PUDs shall be accompanied
by a long-form environmental assessment form as set forth in the New
York State Environmental Quality Review Act. The Town Board will be
the lead agency for each PUD application.
C.
PUDs shall be considered as a single parcel for the
purpose of applying the regulations. The Planning Board will consider
all zoning parameters for the district in which the PUD is located.
D.
PUDs may be created in any area of the Town of Saratoga.
Individual buildings and structures within such district need not
conform to the regulations of area, frontage, bulk, height and setback
requirements for zoning districts. Any variation from such regulations
shall not be contrary to the intent of the Town Zoning Local Law and
shall adhere as closely as possible to current regulations.
E.
The Planning Board may require such changes in said
preliminary plans as are found to be necessary. The Planning Board
may take such additional requirements as are deemed reasonably necessary
to protect the established or permitted uses in the district(s) and
to promote and protect the orderly growth and sound development of
the Town. In reaching its decision on the proposed development and
changes, if any, in the preliminary plans, the Planning Board shall
consider, among other things, the following:
(1)
The need for the proposed land use in the proposed
location.
(2)
The existing character of the neighborhood in which
the use would be located.
(3)
The location of principal and accessory buildings
on the site in relation to one another.
(4)
The pedestrian circulation and open space in relation
to structure.
(5)
The traffic circulation features within the site and
the amount, location and access to automobile parking areas.
(6)
The height and density of buildings and their relation
to other structures in the vicinity.
(7)
The proposed location, type and size of display signs,
driveways, loading zones and landscaping. In addition, an applicant
for a PUD shall, in order to ensure uniform sign design throughout
such district, submit his plans pertaining to signs in the district
to include the location, type and size of all proposed signs.
(8)
The safeguards provided to minimize possible detrimental
effects of the proposed use on adjacent properties and the neighborhood
in general.
(9)
Adequacy of drainage, stormwater management, water
supply and sewerage disposal facilities.
(10)
Such other matters as the Planning Board may
consider pertinent.
F.
The Planning Board shall approve, approve with modifications,
or disapprove such application and shall report its findings to the
Town Board within 62 days following the date of referral to the Planning
Board. This period may be extended with the consent of the applicant.
G.
The Town Board shall, within 45 days following receipt
of the report from the Planning Board, hold a public hearing on the
proposal, with public notice as provided by law, as in the case of
an amendment to this article.
H.
The Town Board may then amend this article so as to
define the boundaries of the PUD. Such action shall have the effect
only of granting permission for development of the specific proposed
uses in accordance with the preliminary plans filed with the Town
Board. Such amendment of this article shall not constitute or imply
a permit for construction or approval of construction plans.
I.
In the event that the Planning Board has disapproved
such proposal, or approved with modifications which the applicant
is unwilling to make, an affirmative vote of not less than 4/5 of
the members of the Town Board shall be required to establish such
PUD.
J.
If construction work on the proposed development has
not begun within two years of the Town Board approval and such work
is not completed within the period of time specified by the Town Board,
approval of the application shall become null and void. All rights
granted under the PUD shall revert to the same regulations and restrictions
as were effective before such approval, unless the Town Board for
good cause authorizes an extension, which may be authorized without
a public hearing.
K.
Where any proposed PUD contains residential development,
if the Town Board makes a finding that there is a present and anticipated
future need for park and recreational facilities for the Town, and
further that a suitable park or parks of adequate size cannot be located
on such PUD, the Town Board may require a payment in lieu of park
land fee in the amount of $500 per residential dwelling unit. Such
fees so collected shall be placed by the Town into a trust fund to
be used exclusively for park, playground or other recreational purposes,
including the acquisition of property.
[Amended 5-14-2007 by L.L. No. 1-2007]
L.
The tract or tracts of land under application for
consideration for a PUD 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 the deeded owners or their agent of all parcels included in the
project. In the case of multiple ownership, the approved plan shall
be binding upon all the owners, and such owners shall provide written
certification of such binding agreements.
[Amended 5-14-2007 by L.L. No. 1-2007]
The applicant will be responsible to reimburse
the Town for any engineering or legal expenses that are incurred to
evaluate the plans and documentation for the PUD. At the time that
the preliminary plat is submitted to the Board secretary, the applicant
shall establish an escrow in the amount of $3,000 to cover these costs.
All costs of reviewing the application by the Town Counsel, the Town
Engineer, and/or an engineering consultant retained by the Planning
Board will be charged against this account. The account shall be administered
through the Supervisor's office. A positive balance must be maintained
in the account until the project receives final approval and is filed
with the County Clerk's office. If at any time the cost of the review
exceeds the funds available, the applicant will be advised and the
review stopped until the escrow is renewed. All funds remaining in
the account at the time that the subdivision is filed at the county
will be returned to the applicant.
As used in this article, the following terms
shall have the meanings indicated:
Includes uses involving, the sale or rental or distribution
of goods, services, or commodities, either retail or wholesale, or
provision of recreation facilities or activities for a fee.
Includes uses engaged in production from previously prepared
materials, finished products or parts, including the processing, fabrication,
assembly, packaging, incidental storage, sale, and distribution of
such products. In no case would such uses emit objectionable levels
of smoke, noise, dust, odor, glare, or vibration beyond their property
boundaries.
A rezoning of a single parcel or multiple contiguous parcels
of land to allow for the development of residential, commercial, and/or
industrial uses either single or jointly in accordance with a comprehensive
development plan submitted by a petitioner.
The construction of facilities for human habitation in accordance
with all applicable state and local building and sanitary codes. It
may include but is not limited to one-family detached or attached
structures and multiple units within a single structure offered for
sale or rent.
