[Adopted 7-24-1984 by L.L. No. 4-1984 (Ch. 250, Part 2, of the 2003 Code)]
Planned Unit Development District No. 1 is hereby
established in accordance with the provisions of the Municipal Code
of the Town of Thompson.
The boundary and description of Planned Unit
Development District No. 1 is fully set forth in the schedule titled
"Boundary and Description," which is annexed hereto and made a part
hereof.[1] The boundary and description is further shown on a map
and a site plan of said planned unit development, which has been approved
and is duly filed with the Town Clerk of the Town of Thompson and
known as "Gottlieb & Smith Job No. 8417, dated July 10, 1984."
[1]
Editor's Note: The description for Lake Winston
Village (Planned Unit Development District No. 1) is on file in the
office of the Town Clerk.
The purpose of this Part 2 is to establish,
in accordance with the Comprehensive Plan of the Town of Thompson,
a well-integrated and coordinated Planned Unit Development District
which is sufficiently flexible to permit an orderly development responsive
to the needs of the community and regulated to protect and safeguard
the health, safety and welfare of the inhabitants thereof and adjacent
thereto with a view to conserving the value of buildings and encouraging
the most appropriate use of land in the district.
No buildings or other structures or land shall
be located or used in Planned Unit Development District No. 1 except
for:
A.
One-family dwellings.
B.
Two-family dwellings.
C.
Accessory uses.
D.
Recreational facilities, including athletic fields,
tennis courts, swimming pools, playing courts, playhouse facilities
or other related recreational facilities, including but not limited
to clubhouse(s) and information booth(s).
E.
Parking areas, roadways, installation of utility services
and customary accessory buildings and uses, such as small storage
sheds customarily used in connection with private one-family dwellings,
outdoor patios and the like.
A.
No buildings shall be any higher than 1 1/2 stories
above final grade.
B.
No building shall be located closer than within 30
feet of any other building.
C.
The locations of buildings, parking, roadways and
general layout within Planned Unit Development District No. 1 shall
be substantially in accordance with the site plan annexed hereto and
made a part hereof; minor modifications shall be permitted but major
deviations shall be prohibited.
D.
For each dwelling unit, 1 1/2 automobile parking
spaces shall be provided.
E.
There shall be a maximum of 43 buildings; no building
shall have more than two dwelling units within it, so that there shall
be a maximum of 86 dwelling units.
[Amended 9-5-2006 by L.L. No. 10-2006]
Nothing contained in this Part 2 shall prohibit
the maintenance of the 104.3 acres within the Planned Unit Development
District (Phases 1, 2 and 3) in single ownership or, conversely, the
transfer of ownership of individual dwelling units and land areas,
provided that there shall be maintained, by way of owner associations,
joint ownership, contracts, easements or permanent agreements, the
required standards as set forth in this Part 2 for the use and benefit
of the inhabitants thereof.
A.
Interior roads shall be designed and constructed in
accordance with the requirements of the engineers of the Town of Thompson,
whose fees and charges for consultations and approvals shall be paid
by the developer, and shall be constructed subject to the inspection
and inspection approval of the Town Highway Superintendent.
B.
All utility services shall be installed pursuant to
approvals by the Town Engineer but shall in all events be underground,
although not necessarily below frost level, including water and sewer
distribution lines, electric service, telephone service and television
cable service.
C.
Necessary environmental approvals must be obtained
prior to use.
D.
Necessary New York State Board of Health approvals
relative to the public water distribution system must be obtained
prior to use.
E.
The entire development must be connected to the Sackett
Lake Sewer District main lines so that the effluent from the project
is fully discharged into the Sackett Lake Sewer District, all to be
pursuant to approved plans and supervision of the Town Engineer.
[Amended 9-5-2006 by L.L. No. 10-2006]
The certificates of occupancy to be issued hereunder
shall permit year-round use of a planned unit development.
[Amended 9-5-2006 by L.L. No. 10-2006]
Development of Phase 3 must start within three
years of the date of adoption of this amended planned unit development
and must be completed within a reasonable time; it must be consistent
with the spirit and intent of this Part 2, and all plans must be prepared
with competent professional advice.
Nothing herein shall prevent the provision by
the person(s), firm(s) or corporation(s) who or which develops the
district (the developer) for use of certain recreational facilities
lying within the Planned Unit Development District by others who do
not reside within the district, specifically, the tennis courts and
swimming pool complex may be used by residents outside of the planned
unit development complex; no other use by outside residents is permitted.
In no event shall such recreational facilities be subject to use by
more than 249 family units, all of whom shall reside within the bounds
of a parcel of land of 213 acres, plus or minus, conveyed by Joyce
Geller to Jeno Berger and Fanny Berger by a deed recorded in the Sullivan
County Clerk's office in Deed Liber 1078 at page 25.
In cases where the developer has designed special
groups of types of dwelling not conforming to the provisions of this
Part 2, the Zoning Board of Appeals, after referral to and report
by the Planning Board, may approve such nonconformity, provided that
the average density does not increase and further provided that the
layout is not detrimental to the health and welfare of the community.
Unless otherwise specifically provided and to
the extent that they are not inconsistent with this Part 2, all provisions
of the Municipal Code of the Town of Thompson shall apply to this
Planned Unit Development District.
The Town Clerk is hereby authorized and directed
to change the Official Zoning Map of the Town of Thompson by designating
thereon the Planned Unit Development District hereby established.
