[Added 9-15-1986 by Ord. No. 86-4; amended 7-13-1992 by Ord. No.
5-1992]
A.
The purpose of the Planned Unit Development District is to permit
the establishment of areas in which diverse uses may be brought together
as a compatible and unified plan of development. This article establishes
the procedures and requirements under which a developer may prepare
and present for consideration by the Town development plans designed
to meet the purpose of this chapter and the objectives of the Town
of Dickinson Comprehensive Plan.
B.
The purpose of this article is to:
(1)
Promote greater flexibility and, consequently, more creative and
imaginative design for development than is generally possible under
conventional zoning districts.
(2)
Encourage conservation and more efficient use of land in such developments
and maintenance of high environmental quality through the development.
(3)
Utilize topography and other site features to best advantage to obtain
creative and coordinated designs.
(4)
Encourage a more efficient and economical arrangement of land uses,
buildings, circulation systems and utilities, resulting in a smaller
network of utilities and streets and a lessened burden of traffic
on streets and highways, thereby lowering utility and maintenance
costs borne by the new development and the Town.
(5)
Encourage developers to comply with building and facility accessibility
codes relating to persons with disabilities.
The procedure for obtaining review and consideration of development
plans in accordance with this article shall be as follows:
A.
The developer shall meet with the Town Planning Board to informally discuss the proposed concept and present sketch plans thereof and receive comments, procedural instructions to follow, requirements to be met relative to § 600-52 and noncommittal pertinent suggestions relative to the preparation of the preliminary development plan. A request by the developer to meet with the Town Planning Board for said purpose shall be addressed to the Town Code Enforcement Officer.
B.
After the informal discussion with the Town Planning Board, the developer shall submit to the Town Planning Board five copies of a written application describing the proposed action, five copies of a preliminary development plan prepared in accordance with § 600-50, an appropriate environmental assessment prepared in accordance with the required escrow deposit, if any, and the required fee, if any.
C.
If, at the time said application and related documents are submitted, the site of the proposed development is not zoned in its entirety for planned unit development, the applicant shall submit to the Town Clerk, with copies to the Town Planning Board and the Town Code Enforcement Officer, an application for rezoning to planned unit development, together with all required documents and the required fee, if any. The application shall be made on a form provided by the Town Clerk. The environmental assessment submitted pursuant to Subsection A above shall also include an assessment of the proposed rezoning.
D.
Initial review by the Planning Board.
(1)
Upon the Planning Board's receipt of all documents referred to in Subsections B and C above, the developer's application will be placed on the first available open agenda of the regular meeting of the Planning Board. The developer or representative should attend the meeting. Copies of the developer's application and preliminary development plan will be referred to Town departments and other agencies as deemed appropriate.
(2)
The Planning Board will study the preliminary development plans,
the application and the environmental assessment, considering the
comments of the internal and external review agencies. Attention will
be given to the arrangement of the uses and buildings, the relation
to the topography of the land, other factors, such as vegetation,
wetlands, floodplain, sewage disposal, drainage, water needs, trip
generation, recreation/open space needs, and such other concerns as
may be appropriate. The Planning Board may recommend changes in the
plan which should be revised prior to the Planning Board action.
(3)
Within 60 days of receipt by the Planning Board of all documents
requested of the developer and all comments from internal and external
review agencies (all agencies shall be allowed up to 30 days to comment
upon the proposed action), the Planning Board shall prepare either:
(a)
A recommendation to the Town Board for approval of the preliminary
development plan;
(b)
A recommendation to the Town Board for approval of the preliminary
development plan, conditioned upon the incorporation of changes in
the preliminary development plan which, if implemented, would render
the preliminary development plan acceptable; or
(c)
A notice of disapproval, issued to the applicant, stating clearly
the reasons therefor.
(4)
If the Planning Board fails to take timely action, the developer
may proceed as if recommendation of approval had been given to the
Town Board.
(5)
The Planning Board may submit to the Town Board its comments regarding
the environmental assessment. Determinations regarding environmental
impacts, if any, shall be made by the Town Board on behalf of the
Town.
E.
Town Board review.
(1)
Upon receipt of a recommendation for approval of the preliminary
development plan, the Town Board shall, if a change of zone is necessary,
schedule a public hearing on the zoning application. Any such change
of zoning shall be conducted in accordance with the procedures established
in the Town Law or other applicable law. Said public hearing shall
be conducted within 45 days of receipt of the Planning Board's recommendation
for approval or conditional approval. Approval of the zoning change
request shall have the effect only of granting conditional development
approval contingent on the submission to, review by and approval of
final development plans by the Planning Board. Such action shall not
entitle the applicant to building permits.
(2)
The Town Board shall complete the State Environmental Quality Review
(SEQR). Within 45 days of completion of the SEQR, the Town Board shall
render its decision on the developer's application and preliminary
development plan, either approving or rejecting the application and
preliminary development plan or approving the application and preliminary
development plan subject to modifications.
(3)
In the event that the Town Board approves the application and preliminary
development plans subject to modifications, the Town Board shall specify
the required modifications. In the event that the Town Board disapproves
the application and preliminary development plan, it shall notify
the developer of the disapproval and the reasons for such decision.
F.
Final Planning Board review.
(1)
Upon the Town Board's approval of the application and preliminary development plan (with or without required modification), the developer shall, within one year thereof, submit for Planning Board review five copies of a final development plan as described in § 600-51 and the required fee, if any.
(2)
Upon receiving the final development plan, the plans will be placed
on the first available open agenda of the regular meeting of the Planning
Board. The final plan shall be either the same or similar in concept
to the approved preliminary plans. The developer or his representative
should attend the meeting. Copies will be referred to agencies as
deemed appropriate. Within 30 days from the date the final plans are
transmitted to the review agencies, said agency shall file a written
report with the Planning Board. Receipt of no reply within 30 days
of said referral shall indicate that the review agency has no comments.
(3)
After all reviews by the Planning Board are complete, the Planning
Board shall either approve or disapprove the final development plans.
In its deliberations regarding the plan, the Planning Board may suggest
modifications to the final development plan submitted which are consistent
with the approval of the Town Board and which, if implemented, would
render the final development plan acceptable. If the Planning Board
disapproves the final development plan, it shall state its reasons
in writing. Approval of the final development plan shall also constitute
site plan approval.
G.
Construction of utilities, roads and subdivisions of lots. If the development requires the subdivision of land or the installation of public streets and/or utilities, the applicant shall consult with the appropriate sections of Chapter 490, Subdivision of Land, which govern these improvements or processes and shall initiate subdivision review concurrently with submission of the preliminary development plans to the Planning Board.
H.
Revision of development plans. All proposed changes to an approved
planned unit development shall be submitted to and approved by the
Planning Board. The following changes are deemed significant and shall
require a public hearing, to be held by the Town Board, and an approval
by the Planning Board:
(1)
Any changes which shall require additional roads or utilities; cause
the required number of parking spaces to increase by 25% or more;
or may cause any change in the SEQR determination.
(2)
Any reduction in common or public open space.
(3)
Any change in use included in the proposed development.
(4)
Any increase in gross floor area of 25% or more in an industrial
or commercial development.
(5)
An increase in density of 25% or more in residential developments
or a change of housing type, even though the density may not increase.
The developer shall submit five copies of a preliminary development
plan to the Planning Board, which shall include the following information:
A.
Drawings, showing:
(1)
The proposed name and location of the development, the name of the
developer and the name of person(s) who prepared the plan.
(2)
The name, date, North point and scale (not greater than 100 feet
to the inch) of each drawing.
(3)
Proposed buildings, existing streets, existing buildings, existing
and proposed easements, water bodies, streams and drainage channels,
flood areas and base flood elevation, railroads and pertinent natural
features, such as wetlands, outstanding trees and outlines of densely
wooded areas.
(4)
The location of existing utilities within or adjacent to the proposed
site.
(5)
Open space areas and parkland.
(6)
All existing restrictions of the use of the land, including easements,
covenants, etc.
(7)
How erosion and sedimentation will be controlled.
(8)
Existing contour lines for the entire property at five-foot intervals
or less.
(9)
Stormwater pollution prevention plan: A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 476, Stormwater Management and Erosion and Sediment Control, of the Code of the Town of Dickinson shall be submitted with the preliminary development plan. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 476, Stormwater Management and Erosion and Sediment Control. The approved preliminary development plan shall be consistent with the provisions of Chapter 476, Stormwater Management and Erosion and Sediment Control.
[Added 7-9-2007 by L.L. No. 6-2007]
B.
Engineering feasibility studies of any anticipated problems which
might arise due to the proposed development.
C.
A completed SEQR assessment form.
D.
Written comments from the following agencies:
(1)
Broome County Health Department, addressing the developer's plans
for water supply and sanitary sewage, if the property is not served
by public sewer or water.
(2)
The local fire company, commenting upon the plans and its ability
to service the proposed development.
(3)
Other agencies, as deemed necessary by the Planning Board, which
may be submitted during the course of Planning Board review of the
preliminary development plan.
The developer or agent shall submit five copies of a final development
plan to the Planning Board, which shall include the following information:
A.
Drawings showing, in addition to the information necessary on the
preliminary development plan, the following:
(1)
Proposed streets, indicating which are to be private and which are
to be deeded to the Town.
(2)
Building plans and designated uses.
(3)
Off-street parking, loading and stacking areas as required.
(4)
Landscaped areas, open space, recreation and screening.
(5)
Signs, including the location, size, height and specifications.
B.
Construction improvement plan. The following information shall be
denoted on the plan:
(1)
Location of existing water mains, hydrants, sanitary sewers, storm
sewers, culverts or drains located adjacent to and on the property
to be developed.
(2)
A stormwater pollution prevention plan consistent with the requirements of Articles I and II of Chapter 476, Stormwater Management and Erosion and Sediment Control, and with the terms of preliminary development plan shall be required for final development plan approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 476, Stormwater Management and Erosion and Sediment Control. The approved final subdivision plat shall be consistent with the provisions of Chapter 476, Stormwater Management and Erosion and Sediment Control.
[Added 7-9-2007 by L.L. No. 6-2007]
A.
Minimum acreage requirement. The proposed Planned Unit Development
District shall be at least five acres in size for a district of multiple
uses and at least one acre in size for a district which contains one
use.
B.
Permitted uses.
(1)
Multiple use. Any combination of the following permitted uses shall
be allowed, provided that they are of the specified minimum acreage
and meet the mandated bulk requirements. In order for a proposed development
to be considered a planned unit development (PUD), the proposal must
include at least one of the following types of permitted uses:
(a)
Residential (one acre minimum), which shall meet the standards
of the Residential District (R-M).
(b)
Commercial (one acre minimum), which shall meet the standards
of the Commercial District (C-1).
(c)
Industrial (one acre minimum), which shall meet the standards
of the Commercial District (C-1).
(2)
Housing for the elderly. Only housing for the elderly shall be built
under this section of PUD.
C.
Bulk requirements. Bulk requirements shall be as follows:
D.
Proposed use. The use(s) proposed will not be detrimental to the
natural characteristic of the site or to present or potential surrounding
use(s), and the proposed use will have a beneficial effect which could
not be achieved otherwise.
E.
Surrounding land. Land surrounding the proposed development can be
maintained or developed in coordination with the proposed development
and shall be compatible in use.
F.
Buffering. Land uses surrounding the proposed development will be
adequately buffered from the proposed use, where necessary, by appropriate
screening devices. Where existing features of the property can serve
this function, the design of the proposed development shall be such
that these features are preserved for such purposes.
G.
Comprehensive Plan. The proposed change to a Planned Unit Development
District is in conformance with the general intent of the Comprehensive
Plan or long-range planning efforts of the Town of Dickinson.
H.
Traffic. Existing and proposed streets are suitable and adequate
to carry anticipated traffic within the proposed district and in the
vicinity of the proposed district.
I.
Utilities. Utility services are adequate for the proposed development.
J.
Landscaping. Landscaping and other basic features shall create and
sustain a desirable and stable environment.
B.
Said fees shall be paid at the time the application is filed. No
application shall be considered as submitted until the appropriate
fees shall have been paid.[2]
[2]
Editor's Note: Original § 108-58, Referral to consultant which immediately followed this subsection, was repealed 9-9-2003 by L.L. No. 3-2003. See now § 600-42. Original § 108-59, Escrow deposits, which immediately followed this subsection, was repealed 8-7-2000 by L.L. No. 7-2000. See now Art. VII, Reimbursement of Professional Consultation Fees.
