It is the purpose of this PUD District to provide
flexible land use and design regulations through the use of performance
criteria so that small- to large-scale neighborhoods or portions thereof
can be developed within the Town that incorporate a variety of residential
types and nonresidential uses, and which may contain both individual
building sites and common property which are planned and developed
as a unit. Where PUD is deemed appropriate through the rezoning of
land to a PUD District by the Town Board, the set of use and dimensional
specifications elsewhere in this chapter are herein replaced by an
approval process in which an approved plan becomes the basis for continuing
land use controls. The PUD District shall be applicable to the area
of the Town designated for such use in the Town's Comprehensive Plan.
The following uses are permitted in the PUD
District:
A.
Lot area. The minimum lot area per project shall be
50 acres. Where the applicant can demonstrate that his holdings will
meet the objectives of this district, the Planning Board may consider
sites with less acreage.
B.
Lot width and depth. There shall be no lot width and
depth requirements; however, generally, the depth to width ratio,
where such is determinable, should not be greater than 3 to 1.
C.
Setbacks.
(2)
Side and rear setbacks. Side and rear setbacks
shall only apply to dwellings nearest the exterior project boundaries,
unless otherwise required by the Planning or Town Board, and shall
meet the requirements for such yards stated elsewhere in this chapter
for the respective type of dwelling unit or structure.
E.
The Planning Board shall set the maximum building lot coverage in
the PUD Residential Zone.
[Added 5-6-2019 by L.L.
No. 1-2019]
Off-street parking and loading areas shall be provided as listed in Article IV.
Signs are permitted as listed in Article V.
Fences, hedges, berms and screen plantings are permitted or, alternatively, shall be required as listed in Article VI.
A.
In order to carry out the purpose of this district,
a PUD shall achieve the following objectives:
(1)
A maximum choice in the types of environment,
occupancy, tenure, types of housing, lot sizes and community facilities
available to existing and potential Town residents at all economic
levels.
(2)
Usable open space and recreation areas.
(3)
More convenience in location of accessory commercial
and service areas.
(4)
The preservation of trees, outstanding natural
topography and geologic features and the prevention of soil erosion.
(5)
A creative use of land and related physical
development which allows an orderly transition of land from rural
to urban uses.
(6)
An efficient use of land resulting in smaller
networks of utilities and streets and thereby lower housing costs.
(7)
A development pattern in harmony with the objectives
of the Comprehensive Plan.
(8)
A more desirable environment than would be possible
through the strict application of other provisions of this chapter.
B.
The tract of land for a project 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 owners of all property included in a project.
In the case of multiple ownership, the approved plan shall be binding
on all owners.
C.
The rezoning of any property to PUD shall be done in accordance with the rezoning procedures established in Article XXX.
D.
The Town Board shall determine, in each case, the
appropriate land use intensity and dwelling unit density for individual
projects and shall consider any recommendation on the same from the
Planning Board. The determination of land use intensity ratings or
dwelling unit densities shall be completely documented, including
all facts, opinions and judgments justifying the selection of the
rating or density.
E.
When common property exists, the ownership of such
property may be either public or private. When common property exists
in private ownership, satisfactory arrangements must be made for the
improvement, operation and maintenance of such common property and
facilities, including private streets, drives, service and parking
areas and recreational and open space areas.
F.
Site plan review under the provisions of Article XXXIII shall suffice for Planning Board review of subdivisions under the Town Subdivision Ordinance,[1] subject to the following conditions:
(1)
The developer shall prepare sets of subdivision
plats suitable for filing with the Monroe County Clerk in addition
to those drawings required above.
(2)
The developer shall plat the entire development
as a subdivision; however, PUD's being developed in stages my be platted
and filed in the same stages.
G.
For the purposes of regulating development and use
of property after initial construction and occupancy, any changes
other than use changes shall be processed as a conditional use request
to the Board of Appeals. Use changes shall also be in the form of
a request for conditional use, except that Town Board approval shall
be required. Properties lying in a PUD District are unique and shall
be considered by the Planning Board or Town Board when evaluating
these requests; and maintenance of the intent and function of the
planned unit shall be of primary importance.
H.
The development shall be served by public sanitary
sewers.
No building permit shall be issued for construction
within a PUD District until improvements are installed or a letter
of credit is posted in accordance with the same procedures as provided
for in § 277 of the Town Law, relating to subdivisions,
and as elsewhere required in this or other ordinances of the Town
of Gates. Other such requirements may also be established from time
to time by the Town Board.
