This article recognizes that while the standard zoning function
(use in bulk) and the subdivision function (planning and design) are
appropriate for the regulation of land use in areas or neighborhoods
that are already substantially developed, these controls present a
type of preregulation, regulatory rigidity and uniformity which may
be detrimental to the techniques of land development contained in
the planned unit development concept. Further, this article recognizes
that a rigid set of space requirements, along with bulk and use specifications,
would frustrate the application of this concept. In order to encourage
sound planning and provide opportunity for coordinated community development,
notwithstanding any other provision of this chapter, there may be
planned unit development where appropriate conditions prevail and
standards are maintained. Thus, where planned unit development techniques
are deemed appropriate to the rezoning of land to a Planned Unit Development
District, hereinafter referred to as a "P.U.D. District," by the Town
Board, the set of use and dimensional specifications set forth elsewhere
in this chapter are herein replaced by an approval process in which
an approved plan becomes the basis for continuing land use controls.
In order to carry out the intent of this article, a P.U.D. shall
achieve the following objectives:
A. Provision of a maximum choice in the types of environment, occupancy
tenure (e.g., cooperatives, individual ownership, condominium, leasing),
types of housing, lot sizes and community facilities available to
existing and potential Town residents at all economic levels.
B. Conservation of usable open space and recreation areas.
C. Development of more convenience in location of accessory commercial
and service areas.
D. The preservation of trees, outstanding natural topography and geologic
features and the prevention of soil erosion.
E. A creative use of land and related physical development.
F. An efficient use of land resulting in smaller systems of utilities
and streets and thereby lower housing costs.
G. A development pattern in harmony with the objectives of the Town
Comprehensive Master Plan.
H. A more desirable environment than would be possible by the strict
application of other articles of this chapter.
All uses within an area designated as a P.U.D. District are
determined by the provisions of this section and the approval of the
project concerned.
A. Residential uses. Residences may be of any variety of types. In developing
a balanced community, the use of a variety of housing types and densities
shall be deemed most in keeping with this article. The developer must
demonstrate that he is reaching as broad an economic market as possible.
In making this determination, the Planning Board shall consider the
size of the site, its location with respect to community services
and facilities, transportation and area-wide market surveys as are
available from several sources in Niagara County.
B. Intensity of land uses. Because land is used more efficiently in
a P.U.D., improved environmental quality can often be produced with
a greater number of dwelling units per gross building acre than usually
permitted in traditionally zoned districts. The Town Board shall determine
in each case the appropriate land use intensity of dwelling unit density
for individual projects. The determination of land use intensity ratings
for dwelling unit densities shall be completely documented, including
all facts, opinions and judgments justifying the selection of the
rating or density.
C. The uses may include:
(3) Planned accessory commercial, service and other nonresidential uses.
Commercial, service and other nonresidential uses may be permitted
(or required) where such uses are scaled primarily to serve the residents
of the P.U.D. Consideration shall be given to the project as it exists
in its larger settings in determining the appropriateness of such
uses.
(4) Public and private parks, playgrounds, play fields and recreation
areas.
(5) Public, private and parochial education institutions.
(6) Churches and other similar places of worship.
D. Customary accessory or associated uses, such as private garages,
storage spaces and community activities, shall also be permitted as
appropriate to the P.U.D.
The following standards for development shall be applied to
each P.U.D.:
A. Elementary school sites. The location and adequacy of all elementary
school sites shall be approved by the Planning Board and Town Board
after the advice and consent of the Board of Education.
(1) An area of no less than 15 acres shall be provided for each required
elementary school site.
(2) The number of individual elementary school sites to be provided by
the developer shall be based upon an estimated number of children
generated by the proposed planned unit development.
(a)
This estimate shall be based as follows:
[1]
Single-family townhouse: 1.5 children per unit.
[2]
Two-bedroom townhouse: 0.25 children per unit.
[3]
Three-bedroom townhouse: 0.50 children per unit.
[4]
Four-bedroom townhouse: 0.85 children per unit.
[5]
Efficiency garden apartment: zero children per unit.
[6]
One-bedroom garden apartment: 0.04 children per unit.
[7]
Two-bedroom garden apartment: 0.40 children per unit.
[8]
Three-bedroom garden apartment: 1.0 children per unit.
[9]
Efficiency high-rise apartment: zero children per unit.
[10] One-bedroom efficiency high-rise apartment: 0.02
children per unit.
[11] Two-bedroom efficiency high-rise apartment: 0.20
children per unit.
(b)
The number of school sites to be provided per number of children
is as follows:
[1]
One hundred to 799 children: one school site.
[2]
Eight hundred to 1,599 children: two school sites.
[3]
One thousand six hundred to 2,399 children: three school sites.
[4]
Two thousand four hundred to 3,199 children: four school sites.
B. Fire prevention sites are to be developed as follows:
(1) The developer shall provide land for one fire prevention site if
the total number of dwelling units is less than 2,000 and two sites
if the number of dwelling units exceeds 2,000.
(2) Each required site shall be a minimum of one acre in area.
(3) All sites shall be approved by the Planning Board and Town Board,
with the advice of the Niagara County Fire Coordinator and the local
fire companies.
C. Recreation sites of at least one acre for active recreational purposes
for every 100 dwelling units shall be provided by the developer.
D. The minimum developmental requirements for a residential area is
as follows:
(1) An individual lot for a detached house shall contain a minimum of
7,500 square feet.
(2) Lot coverage by buildings or individual detached houses: housing
lots shall not exceed 30% of the total area.
(3) Residential buildings, except high-rise buildings, shall not exceed
35 feet in height.
(4) Individual lots for townhouses shall have a minimum width of 18 feet
and have a depth of not less than 80 feet.
(5) Individual townhouse dwelling unit lots shall have a building coverage
of that lot not in excess of 50% of the total individual lot.
E. Minimum commercial developmental requirements of parking, landscaping,
fence and access regulations pertaining to the typical business district
shall apply to commercial developments under this section of this
chapter.
In order to provide for an expeditious method of processing
a proposed planned unit development application, the application in
the form of a letter of intent and an accurate preliminary plan drawn
to scale shall be provided in triplicate to the Town Board. The Town
Board, upon receipt of the proposal, shall send one copy to the Town
Planning Board for review and recommendation. All planning, zoning
and subdivision matters relating to the platting, use and development
of the proposed plan shall be determined and established by the Town
Board after recommendations to the Town Board by the Town Planning
Board. The application shall explain and show the following information:
A. The location and extent of all proposed land use, including open
space.
B. All interior streets, roads, easements and their planned public or
private ownership, as well as all points of access from existing public
rights-of-way.
C. Specific delineation of all uses, indicating the number of residential
units and the density of each residential housing type, as well as
the overall project density.
D. The overall water and sanitary sewer system with proposed points
of attachment to existing systems; the proposed stormwater drainage
system in its relation to existing systems; evidence of a preliminary
discussion and approval of the New York State Department of Health
and Niagara County Health Department of the proposed sewer and water
systems or their recommended notifications.
E. A description of the manner in which any areas that are not to be
publicly owned are to be maintained, including open space, streets,
lighting and other related items according to the proposals.
F. If the development is to be phased, a description and graphic representation
of the phasing of the entire proposal, in terms of length of time,
type and number of units or objectives completed per phase.
G. Evidence is required by the Reviewing Boards of the applicant's ability
to complete the proposed planned unit development.
H. A description of any covenants, grants of easement or other restrictions
proposed to be imposed upon the use of the land, buildings or structures,
including proposed easements for public utilities.
I. A written statement by the landowner setting forth the reasons why,
in his opinion, the proposal would be in the best public interest
and would be consistent with the Town goals and objectives.
The Planning Board's review of a preliminary development plan
for a planned unit development shall include, but is not limited to,
the following considerations:
A. The adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, channelization structures and
traffic controls.
B. The adequacy and arrangement of pedestrian traffic access and circulation,
including separation of pedestrians from vehicular traffic, walkway
structures, control of intersections with vehicular traffic and pedestrian
convenience.
C. The location, arrangement, appearance and sufficiency of off-street
parking and loading.
D. The location, arrangement, size and design of buildings, lighting
and signs.
E. The adequacy, type and arrangement of trees, shrubs, and other landscaping
constituting visual and/or noise-deterring buffers between adjacent
uses and adjoining lands.
F. In the case of multiple-family dwellings, the adequacy of usable
open space for playgrounds and informal recreation.
G. The adequacy of stormwater and sanitary waste disposal facilities.
H. The adequacy of structures, roadways and landscaping in areas with
moderate-to-high susceptibility to flooding, ponding and/or erosion.
I. The protection of adjacent properties against noise, glare, unsightliness
or other objectionable features.
J. The relationship of the proposed land uses to adjacent land uses
and the use of buffer areas and open space to provide a harmonious
blending of existing and proposed uses.
K. Conformance with other specific recommendations of the Town Board,
which may have been required in the Town Board's examination of the
proposed plan for development.
L. In its review, the Planning Board may consult with the Town Engineer,
architectural or planning consultants and other Town and county officials,
as well as with representatives of federal and state agencies, including
the Soil Conservation Service of the New York State Department of
Environmental Conservation. The Planning Board may require that the
design of all structures be made by, or under the direction of, a
registered architect, whose seal shall be affixed to the plans. The
Planning Board may also require such additional provisions and conditions
that appear necessary for the public health, safety and general welfare.
No plans submitted under this article shall be granted tentative
or final approval until such plan has been referred for review and
comment to the Niagara County Planning Board. The Town Board shall
transmit a copy of the proposed plan to the Niagara County Planning
Board and said Board shall, within 30 days of receipt of the copy
of such tentative or final plan, report its recommendations thereon
to the Town Board. If the County Planning Board recommends modifications
of the plan so referred, the Town Board shall not act contrary to
such recommendation, except after adoption of a resolution fully setting
forth reasons for such contrary action.
No changes may be made in the approved final plan during the
construction of the planned unit development, except upon application
to the appropriate agency under the procedures provided below:
A. Minor changes in the locating, siting and height, length and width
of buildings and structures may be authorized by the Planning Board
if required by engineering or other circumstances not foreseen at
the time the final plan was approved. No change authorized by this
section may increase the volume of any building or structure by more
than 10%.
B. All other changes in use, any rearrangement of blocks, lots and building
tracts, any changes in the provision of common open spaces and all
other changes in the approved final plan must be approved by the Town
Board under the procedures authorized in this article. No amendments
may be made in the approved final plan unless they are shown to be
required by changes in the development policy in the Town of Hartland.