[Adopted 2-3-1998 by L.L. No. 1-1998; amended in its entirety 11-17-2009 by L.L. No. 6-2009 (Ch. 250, Part 5, of the 2003 Code)]
Planned Unit Development District No. 4 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. 4 is fully set forth in the schedule titled "Boundary and Description"
which is annexed hereto and made a part hereof. The boundary and description
is further shown on a map of said planned unit development which is
annexed hereto and made a part hereof.[1]
[1]
Editor's Note: The schedule and map showing the boundary and
description of Planned Unit Development District No. 4 is on file
in the office of the Town Clerk.
The purpose of this Part 5 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. 4 except for:
A.
Residential structures consisting of one-family, two-family and multifamily
dwellings, not exceeding 352 residential units in Phase Two of the
PUD; provided, however, that no more than three floors of any individual
dwelling unit may be habitable space.
B.
Commercial/retail uses not exceeding 30,000 square feet in the aggregate.
C.
Office uses not exceeding 30,000 square feet in the aggregate.
D.
Schools and religious buildings.
E.
Accessory uses.
(1)
Recreational facilities, including playgrounds, playhouse facilities
or other related recreational or community facilities.
(2)
Parking areas, roadways, walkways, installation of utility services
and customary accessory buildings and uses, such as small storage
sheds customarily used in connection with private dwellings and outdoor
patios.
(3)
Swimming pools, subject to approval of a homeowners' association
or condominium owners' association and approval of the Town of Thompson
Planning Board.
(4)
Storage sheds.
(a)
Storage sheds located upon single-family lots in subdivisions
within the PUD meeting the same requirements as govern the placement
of sheds elsewhere in the Town.
(b)
Storage sheds located within portions of the property developed
based on approved site plans, limited in location to areas shown on
such site plans.
(c)
Design guidelines for storage sheds may be imposed by the Planning
Board as part of the site plan or subdivision review process.
(5)
Fences.
(a)
Fences located upon single-family lots in subdivisions within
the PUD meeting the same requirements as govern the placement of fences
elsewhere in the Town.
(b)
Fences located within portions of the property developed based
on approved site plans, limited in location to areas shown on such
site plans.
(c)
Design guidelines for fences may be imposed by the Planning
Board as part of the site plan or subdivision review process.
(6)
Porches and decks.
(a)
Covered entry porches not exceeding 120 square feet may be located
within the front yard setback area, provided such porches are more
than 20 feet from a property line and may be located in side or rear
yard setback areas, provided such porches are more than 10 feet from
a property line.
(b)
Open decks may be located within the front yard setback area,
provided such decks are more than 15 feet from a property line and
may be located in side or rear yard setback areas, provided such decks
are more than 7 1/2 feet from a property line.
(c)
In no event shall the porches and decks located within side
and rear yards exceed 25% of the total enclosed floor area of a dwelling
unit.
A.
No buildings shall be any higher than 45 feet.
B.
The locations of buildings, roadways and general layout within Phase
One of the Planned Unit Development District No. 4 shall be substantially
in accordance with the subdivision map annexed hereto.[1] The locations of buildings, roadways and general layout
within Phase Two of the Planned Unit Development District No. 4 shall
be in accordance with subdivision maps or site plans hereinafter approved
by the Planning Board, minor modification permitted.
[1]
Editor's Note: Said map is on file in the office of the Town
Clerk.
C.
On corner lots the frontage with the primary entry door shall be
considered the front yard. The yard opposite the front yard shall
be considered the rear yard. Other yards shall be considered side
yards.
D.
One automobile parking space shall be required for each residential
unit. The Planning Board may require additional overflow parking to
service residential areas. One automobile parking space shall be required
for each 350 feet of nonresidential building area. The Planning Board
may require additional parking to be designed as part of the site
plan review process to be constructed on an as-needed basis.
E.
The following lot and area requirements, exclusive of porches and open decks as described in § 250-138E(6), shall apply to Lots 1, 2, 3, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 26, 27, 28, 30, 31, 35, 36, 37, 38, 39, 41, 42, 45, 47, 49, 50, 51, 117, 118, 119, 130, 131 and 132 within Phase One of the PUD:
[Amended 12-4-2012 by L.L. No. 14-2012]
(1)
The minimum lot width shall be 100 feet; the minimum lot depth
shall be 120 feet; the minimum lot area shall be 12,000 square feet.
(2)
The minimum front yard setback shall be 30 feet; the minimum
side yard setback shall be 20 feet; the minimum rear yard setback
shall be 30 feet.
(3)
The maximum residence size shall be 60 feet by 60 feet.
F.
The following lot and area requirements, exclusive of porches and open decks as described in § 250-138E(6), shall apply to Lots 4, 11, 12, 13, 21, 25, 29, 32, 33, 34, 40, 43, 44, 46 and 48, within Phase One of the PUD:
[Amended 12-4-2012 by L.L. No. 14-2012]
(1)
The minimum lot width shall be 50 feet; the minimum lot depth
shall be 120 feet; the minimum lot area shall be 6,000 square feet.
(2)
The minimum front yard setback shall be 30 feet; the minimum
side yard setback shall be an aggregate of 10 feet; provided, however,
that one side yard may be designed in a zero lot line configuration;
the minimum rear yard setback shall be 30 feet.
G.
The following lot and area requirements, exclusive of porches and open decks as described in § 250-138E(6), shall apply to sections of Phase Two of The PUD development as subdivisions:
[Amended 12-4-2012 by L.L. No. 14-2012]
(1)
The minimum lot width shall be 50 feet; the minimum lot depth
shall be 120 feet; the minimum lot area shall be 6,000 square feet.
(2)
The minimum front yard setback shall be 30 feet; the minimum
side yard setback shall be an aggregate of 20 feet; provided, however,
that one side yard may be designed in a zero lot line configuration;
the minimum rear yard setback shall be 30 feet.
H.
The following building separation distances, exclusive of porches
and open decks, shall apply to sections of Phase Two of the PUD developed
by site plans:
I.
No buildings, including porches or decks attached thereto, shall
be located within 10 feet of a road bounds.
All property, other than building lots and residences, shall
be in common ownership and shall be owned by, and the responsibility
of, either a homeowners' association or condominium owners' association.
A.
Interior roads shall be designed and constructed in accordance with
the requirements of the Town of Thompson's road specifications under
the observation of the Town Engineer. Fees and charges incurred by
the Town for consultation, field review and approvals and road dedication
shall be paid by the developer. Road and drainage systems are subject
to the inspection and inspection approval of the Town Highway Superintendent.
B.
All utility services shall be installed under the observation of
the Town Engineer and shall be underground and below frost level,
including water and sewer distribution lines, electric service and
television cable service.
C.
Drainage of surface water shall be designed and constructed in accordance
with a filed stormwater pollution prevention plan.
D.
Necessary regulatory agency approvals must be obtained prior to construction.
E.
The entire development must be connected to the Town of Thompson
Kiamesha Sewage Treatment Plant and to an existing or hereinafter
approved public water system pursuant to Department of Environmental
Conservation (DEC) and New York State Department of Health regulations
in accordance with the plans accepted by the Town Engineer and under
the Town Engineer's observation with respect to design and installation.
Phase One of the POD is substantially developed. Development
of Phase Two of the PUD must start within five years of the date of
adoption of this Part 5[1] and must be completed within a reasonable time.
[1]
Editor's Note: This refers to L.L. No. 6-2009, adopted 11-17-2009.
The prospectus for any homeowners' association or condominium
owners' associations shall be reviewed by the Town Attorney prior
to presentation to the Attorney General of the State of New York.
Unless otherwise specifically provided, and to the extent that
they are not inconsistent with this Part 5, 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.
