Town of Busti, NY
Chautauqua County
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A. 
The purpose of the procedures, standards and controls of the cluster residential development is to provide a means to take advantage of natural physical features of an area by permitting reductions in bulk and area requirements for individual lots and providing compensatory areas of open space ancillary to dwelling units.
B. 
The purpose of the procedures, standards and controls of planned unit residential development is to encourage innovation in residential development which will provide housing of greater variety in type, design and site planning, incorporating the conservation of maximum open space ancillary to said housing units. Design is primarily achieved through the basis of overall density of a given number of dwelling units per acre.
A. 
Application for establishment of cluster and planned unit residential developments shall be made to the Town Code Enforcement Officer. The Code Enforcement Officer shall refer the application to the Planning Board for consideration.
B. 
The Planning Board shall require the applicant to submit documentation indicating conformance to all designs and improvements required by this chapter. Such documentation shall include, but not be limited to, the following:
(1) 
Overall development plans showing kind, location, occupancy capacity of structures, bulk and uses.
(2) 
General floor plan of buildings. Location and identification of open spaces, streets and all other means for pedestrian and vehicular circulation, parks, recreational areas and other nonbuilding sites; provisions for automobile parking and loading.
(3) 
General landscape plan. General location and nature of public and private utilities (including underground utilities) and other community facilities and services (including maintenance facilities).
(4) 
Other information. The applicant shall include such other pertinent information as the Planning Board shall prescribe.
(5) 
Written statements of:
(a) 
Facts concerning the suitability of the site, the proposed density, the location and proposed uses and facilities for development in accordance with the provisions of this chapter.
(b) 
Purposes, showing proposed provisions to be made for services, maintenance and continued protection of the cluster and planned residential unit development and adjoining territory.
(c) 
Disposition of open space lands and provisions for maintenance and control of the open space land, financial responsibility for such open space land must be clearly indicated.
(d) 
Phasing of construction or timing regarding each development area.
(e) 
The applicant shall include such other pertinent information as the Planning Board shall prescribe.
C. 
In reaching its decision on the proposed development, the Planning Board shall consider, among other things, the need for the proposed use in the proposed location, the existing character of the neighborhood in which the use would be located, and the safeguards provided to minimize possible detrimental effects of the proposed use on adjacent property.
D. 
The Planning Board shall, within 60 days of receiving such application, approve, approve with conditions or disapprove the application, and shall report its decision to the Zoning Board of Appeals.
E. 
If the application is approved, or approved with conditions, the Zoning Board of Appeals shall set a date for a public hearing in regard to the granting of a special use permit, and a notice of such hearing shall be published in the Town's official newspaper no earlier than 20 days and no later than 10 days before the date of such public hearing. No affirmative action may be taken on any application that is disapproved by the Planning Board. At the time of the public hearing, the applicant must present to the Zoning Board of Appeals an affidavit certifying that written notice of the public hearing was given by the applicant to all owners of real property, as shown on the latest completed assessment roll, within 500 feet of the premises for which a permit is sought. Such notice must be given no earlier than 20 days and no less than 10 days before the date of such public hearing.
F. 
The Board of Zoning Appeals shall not issue a special use permit for a cluster residential development or a planned unit residential development unless:
(1) 
The terms of such permit are consistent with the approval or approval with conditions made by the Planning Board;
(2) 
The Zoning Board of Appeals finds the application to be consistent with the standards for either a cluster residential development or planned unit residential development as set forth in this article; and
(3) 
The application conforms with all provisions for the district in which said use is to be permitted exclusive of those which may be varied by the terms of this article.
In the event cluster or planned unit development is proposed on a tract or parcel of land under the requirements and regulations of two applicable zoning districts, the requirements of the most restrictive district shall prevail.
A. 
Any owner of not less than five contiguous acres of land located in a district permitting cluster residential development may request, in writing to the Code Enforcement Officer, that the regulations of cluster residential development apply to his property.
B. 
Uses permitted shall be uses permitted in the district in which the cluster residential development is located.
C. 
The regulations of the district in which the cluster residential development is located shall be observed and maintained, with the following exceptions:
(1) 
The minimum lot area as established in the district in which the cluster residential development is located may be reduced by 20%;
(2) 
The minimum lot width at the building line may be reduced by 10%;
(3) 
The minimum front yard may be reduced to not less than 35 feet;
(4) 
The minimum rear yard may be reduced by not more than five feet where the lot abuts common open space land;
(5) 
The maximum lot coverage shall be increased by no more than 5% of the resulting lot area;
(6) 
The minimum side yards may be reduced by not more than 20 feet per side;
(7) 
All lots within the planned residential area shall face and be serviced by existing or new streets constructed within the planned residential site boundaries but shall not face on collector or arterial types of streets;
(8) 
Open space land shall be set aside for the common use and enjoyment of all residents in the cluster residential development. In general, the land set aside for permanent open space shall be the area differential between the regulations and requirements of the district and this section of the chapter. Access to the open space lands must be convenient to all residents.
A. 
Any owner of not less than 10 contiguous acres of land in a district permitting planned unit residential development may request, in writing to the Code Enforcement Officer, that the regulations of planned unit residential development apply to his property.
B. 
The following uses are permitted in a planned unit residential development:
(1) 
Single-family detached residences, excluding mobile homes.
(2) 
Two-family residences.
(3) 
Multifamily residences, including townhouses and apartment houses.
(4) 
Open space designed primarily for the benefit of the residents of the planned unit residential development.
(5) 
Public and semipublic uses.
(6) 
Essential services.
(7) 
Uses accessory to the above, with the exception that home occupations are not permitted.
C. 
Within a planned unit residential development, the following percentage of the total land area shall be devoted to the specified uses:
(1) 
A maximum of 80% for the residential uses and other uses permitted, excluding the common and public open space and the spaces devoted to streets and parking within and exclusively servicing such open space or recreation use. Said maximum shall include all of the recreational, playground and athletic activity areas which are part of a school's site.
(2) 
A minimum of 20% for common or public open space. This area shall include space devoted to streets and parking, provided such facilities are within and service exclusively the open space area.
D. 
Within the planned unit residential developments, the following regulations shall apply:
(1) 
The overall density of the land within the planned unit residential development shall not exceed dwelling units per acre as stated under the regulations for the district in which the development is located.
(2) 
Areas designated for multifamily residences shall be developed at a density not to exceed 18 dwelling units per acre.
(3) 
In residential areas, streets shall be designed so as to discourage through traffic.
(4) 
Open space land shall be set aside for the common use and enjoyment of all residents of the area. Open space must be designed so that access to the open space lands must be convenient to all residents of the planned unit development.
(5) 
No building shall exceed 50 feet in height in residential areas.
(6) 
The minimum front yard requirement shall be 35 feet for the multifamily residences and 35 feet for all other types of residences.
(7) 
Residential buildings shall be designed so as to avoid monotonous patterns of construction or repetitive spaces or modules between buildings.
E. 
Additional requirements that apply to townhouses and apartment houses:
(1) 
There shall be no continuous group of two houses consisting of more than seven dwelling units.
(2) 
For the purpose of avoiding developments resembling what have been customarily referred to as "row houses," there shall be within any continuous group of townhouses at least three different architectural plans having substantially different designs, building materials and exterior elevations. In addition, no more than three continuous townhouses shall have the same front setback, and the variations in front setbacks shall be at least four feet.
(3) 
The length of the apartment house shall not exceed four times its width.
F. 
The following regulations shall apply to sewage disposal and water:
(1) 
No on-lot sewage disposal system shall be permitted. All sewage shall be discharged into a central sewage system.
(2) 
All areas of the planned unit development shall be connected to a central water supply system.