[Amended 6-6-1996; 7-2-1997; 11-15-1999; 6-6-2002; 11-7-2002; 3-6-2003]
The regulations for Planned Unit Development
Districts (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 the developer
without departing from the spirit and intent of this chapter. Projects
consisting of only single-family detached dwelling units (DUs) do
not meet PUD criteria. In no case shall the regulations of this section
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
section.
A.
The site for a PUD shall not be less than 10 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 as a PUD. The proposed development
shall conform to the Town's most recent comprehensive plan.
B.
The Town Board shall refer the application to the
Town Planning Board and the Saratoga County Planning Board (if applicable)
for an initial advisory opinion within 90 days of the date of the
application if, in the sole discretion of the Town Board, the application
meets the intent of the PUD regulations and the Comprehensive Plan.
All applications for PUDs or for amendments to PUDs shall include:
[Amended 2-1-2007]
C.
PUDs should be considered as a single parcel for the
purpose of applying the regulations specified in the zoning district
schedules.[2] Individual buildings and structures within such district
need not conform to these regulations, provided that any variation
from such regulations shall not be contrary to the intent of this
chapter.
[2]
Editor's Note: The zoning district schedules are included at the end of this chapter.
D.
Residential density.
(1)
It is not the intent of a PUD to promote development
solely for the purpose of exceeding the number of DUs permitted. Therefore,
the number of DUs allowed shall be calculated by taking the amount
of buildable land minus 20% for provision of streets, internal drives,
parking areas, utility easements/rights-of-way, and other facilities
and dividing by the allowable DUs per acre (base allowable density).
The single-family detached portion of PUD applications in other than
residential zones shall adhere to the regulations governing the residential
zone closest to the site for which the application is being made.
If the PUB is of equal distance from two residential zones, the zone
with the most restrictive density shall be the governing zone. Land
that meets the following criteria shall not be included in the amount
of buildable land:
(a)
Freshwater wetlands as regulated pursuant to
federal and/or New York State Department of Environmental Conservation
(NYSDEC) designated wetlands.
(b)
Water sources classified pursuant to NYSDEC
Stream Classification System or delineated under the Town's stream
resource management guidelines.
(c)
Slopes in excess of 15%.
(d)
Other areas of environmental or scenic significance
as may be identified by the Planning Board, Town Board, or the Town
of Wilton Comprehensive Plan.
(2)
The base allowable density for apartment houses/multifamily
dwellings shall be no greater than eight DUs per one acre (of buildable
land minus 20%). PUDs incorporating apartment houses/multifamily dwellings
shall only be considered in the following zones: RB-1, CR-1, CR-2,
C-1, and C-2. Said site shall be served by public central water and
public sanitary sewer facilities.
[Amended 12-1-2005; 9-6-2012]
E.
Green space. At least 35% of the gross area of a PUD
shall be and remain green space.
F.
The Planning Board may require such changes in said
conceptual site plan as are found to be necessary to meet the requirements
of this chapter. The Board may make such additional requirements as
are deemed reasonably necessary to protect the established or permitted
uses in the vicinity and to promote and protect the orderly growth
and sound development of the Town. In reaching its decision on the
proposed PUD, 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 structures.
(5)
The traffic circulation features within the
site and the amount, location, and access to automobile parking areas.
(6)
The height and bulk 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 provide reasonable signage
design throughout the district, submit detailed plans for any signs
that do not conform to the Town's Sign Ordinance.[3]
(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, water supply, and sewage
disposal facilities.
G.
The Town Board and Planning Board may call upon any
public or private consultants that it feels are necessary to provide
a sound review of the proposal. In addition to the fees listed on
the Schedule of Fees, both Boards may charge a fee to developers of
projects requiring legal and technical review, provided that the fee
charged reflects the actual cost of legal and technical assistance
to the Boards.
H.
The Planning Board shall approve, approve with modifications,
or disapprove such PUD application and shall report its findings to
the Town Board within 90 days following the date of referral to the
Planning Board.
[Amended 8-4-2005]
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.
Upon receipt of the Planning Board's findings, if
the Town Board is inclined to proceed forward, it shall hold a public
hearing on the proposal, with public notice as provided by law, as
in the case of an amendment to this chapter. The applicant shall be
required to send formal notification by certified mail of the public
hearing to all persons owning property contiguous to the affected
parcel(s) and across any street or public roadway from the affected
parcel(s) and any other property owners that the Town Board deems
necessary.
K.
Where General Municipal Law § 239-m is applicable,
the Town Board shall refer the application for redistricting to the
Saratoga County Planning Board for its review.
L.
The Town Board shall render its decision to approve
or disapprove the PUD legislation within 62 days after the public
hearing, unless an extension of time is mutually agreed upon by the
Town Board and the developer.
M.
The Town Board may then amend this chapter 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 plans filed with the Town Board. Such
amendment of this chapter shall not constitute or imply a permit for
construction or approval of construction plans.
N.
If the Town Board creates the PUD districting, the
Zoning Map shall be so notated. PUD districting shall be conditioned
upon the following:
O.
If construction work on the proposed development is
not begun or completed within time limits specified by the Town Board,
approval of the application shall become null and void. The PUD shall
revert to the same zoning 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.
