The intent of the Planned Unit Development (PUD) article is
to provide greater flexibility leading to more innovative design,
creative use mixes, and layout of developments than what is normally
possible under conventional zoning districts and which offer the potential
for a sustainable development.
In order to carry out the intent of this article, a PUD shall
achieve the following objectives:
A. Encourage land development that preserves the natural landscape and
existing vegetation to the greatest extent possible;
B. Reduce impacts to environmentally, historically and culturally sensitive
areas;
C. Provide for the preservation and creation of open spaces, recreational
spaces and other public spaces and make them accessible to residents;
D. Allow for a variety of housing types and densities, neighborhood
retail and services establishments, and public and recreational facilities
to coherently exist within the same development as a community;
E. Promote the efficient use of land resulting in networks of streets,
utilities and other infrastructure features;
F. Ensure that the development is compatible with surrounding uses and
reduces spillover impacts; and,
G. Promote the objectives of the Town of Wheatfield Master Plan.
Prior to any subdivision plat, or any part thereof, for a PUD
being filed in the office of the Niagara County Clerk and before any
construction or site improvement work or permit for erection of permanent
buildings in such Planned Unit Development can be granted, the developer,
or his authorized agent, shall apply for and secure approval of such
PUD in accordance with the following procedures:
A. Preapplication conference. To avoid delays and to allow the Planning
Board to advise the applicant of potential concerns that should be
addressed with the preliminary site plan, it is suggested that the
applicant confer informally with the Planning Board regarding basic
concepts of the proposed PUD, including rough sketches and tabulations,
prior to submitting preliminary site plans.
B. Application for planned unit development. The Town Board shall collect
a fee, to be determined by the Town Board, for the review of the PUD
rezoning application. In addition, site plan and/or subdivision review
fees shall be required, as appropriate.
C. Preliminary site plan. A preliminary site plan shall be prepared, as outlined in Article
XII of this chapter, and accompany any application for a PUD. Five copies of the preliminary site plan shall be submitted to the Planning Board, accompanied by the following information and/or documents:
(1) Discussion of how the development meets the goals of the Town of
Wheatfield Master Plan and Greenspace Plan;
(2) Discussion of how the development meets the intent and objectives of the PUD section, as outlined in §§
200-48 and
200-49;
(3) Description and location of all environmentally, historically and
culturally sensitive areas on the property;
(4) A calculation of the required amount of open space and requested
residential density;
(5) The location, size and type of the various land uses proposed for
the development;
(6) Identification and discussion of the innovative design and layout
features that warrant a potential increase in density;
(7) Documentation that explains the density that would be allowed under
the existing traditional zoning district;
(8) A statement of how common open space will be owned and maintained;
(9) If the development is to be phased, a phasing plan. Whether or not
the project is to be phased, the preliminary site plan shall show
the intended total project;
(10)
Evidence of any sort in the applicant's own behalf to demonstrate
his competence to carry out the plan to completion and his awareness
of the scope of such a project, both physical and financial; and,
(11)
A completed Part I of the Full Environmental Assessment Form
(EAF).
D. Planning Board action on preliminary site plan.
(1) Prior to taking action on the preliminary site plan, the Planning
Board shall refer the plan to the County Planning Board for advisory
review and a report, if required. The Planning Board shall review
the preliminary site plan and related documents and, within 62 days
of submission, shall submit a recommendation to the Town Board that
the application be approved, approved with conditions, disapproved,
or modified and resubmitted.
(2) A recommendation for approval or approval with conditions by the
Planning Board shall be based on the following:
(a)
The application conforms with the Town of Wheatfield Master
Plan;
(b)
The application meets the intent and objectives of the PUD section as outlined in §§
200-48 and
200-49;
(c)
The application meets all the regulations for a Planned Unit Development outlined in §
200-51;
(d)
The application includes all the requirements of a Planned Unit Development outlined in §
200-52C;
(e)
The application is conceptually sound;
(f)
There are adequate services and utilities available to serve
the development, or can be made available with costs incurred by the
developer.
(3) A recommendation that the application be disapproved should be filed
with the Town Clerk and accompanied with a description of the reasons
for such denial and a copy thereof mailed to the applicant. A recommendation
that the application be modified and resubmitted should be accompanied
with a description of what changes should be made to the application.
(4) If, in any such evaluation, the Planning Board finds that any submission
requirements prescribed by this Zoning Law are inapplicable because
of unusual conditions of the Planned Unit Development, or the nature
and quality of the proposed design and layout, it may recommend to
the Town Board that an adjustment in such requirements be made.
E. Town Board action on preliminary site plan.
(1) The determination of the Town Board to approve, approve with conditions,
disapprove, or request modifications to the application for a PUD,
or adjust any requirements or regulations, shall be based on its review
of the preliminary site plan and related documents, the Planning Board's
recommendations, and matters brought forth at a public hearing. The
Town Board may, if it feels it necessary in order to protect the public
health, safety, and welfare of the community, attach to its zoning
resolution any additional conditions or requirements for the applicant
to meet. The Town Board shall, at this time, approve the density standards
for the development.
(2) An action by the Town Board disapproving the application should be
filed with the Town Clerk and accompanied with a description of the
reasons for such denial and a copy thereof mailed to the applicant.
An action that the application be modified and resubmitted should
be accompanied with a description of what changes should be made to
the application.
F. Zoning. Upon approval or approval with conditions of an application
for a PUD by the Town Board, the property in question shall be deemed
rezoned as a Planned Unit Development District, and the Zoning Map
shall be noted to reflect the change in zoning.
G. Final site plan. Following the approval of the preliminary site plan for a PUD by the Town Board, a final site plan shall be prepared, as outlined in Article
XII of the Zoning Law, and five copies shall be submitted to the Planning Board. The final site plan shall substantially conform to the preliminary site plan, incorporating any modifications, conditions, or other features recommended by the Planning Board and/or Town Board. For subdivisions, the final site plan shall conform to the Town Subdivision Regulations.
H. Phasing.
(1) If the PUD is to be implemented in phases, then the applicant may
submit a final site plan showing only those phases he wishes to develop.
Any PUD that requires more than 24 months to be completed shall be
required to be phased, and a phasing plan must be developed.
(2) Each phase shall be provided with temporary or permanent transitional
features, buffers, turn-arounds, or protective areas in order to prevent
disruptions and damage to completed phases, to future phases, and
to adjoining property.
(3) It is the intent of these phasing regulations that individual phases
of the PUD will have adequate provisions for access, parking, open
space, recreational areas, stormwater management facilities and other
improvements so that, if for any reason, the entire PUD is not completed,
those portions of the development already constructed would be sufficiently
served and be an asset to the community.
I. Planning Board action on final site plan. The Planning Board shall
review the final site plan and related documents and, within 62 days
of a complete submission, shall submit a recommendation to the Town
Board that the application be either approved or disapproved. The
applicant shall also be notified at this time of the Planning Board's
recommendation. In determining its action, the Planning Board may
seek advice and assistance from such sources as the Town Attorney,
Town Engineer, Town Building Inspector, Town Planning Consultant and
Town Highway Superintendent.
J. Town Board action on final site plan.
(1) Within 62 days of receiving a recommendation from the Planning Board,
the Town Board shall either approve or disapprove the final site plan.
The time within which the Town Board must render its decision may
be extended by mutual consent of the applicant and the Town Board.
The basis for such a decision shall be the conformance of the final
site plan to the approved or modified preliminary site plan and conformance
with the requirements and regulations of this section.
(2) If the Town Board determines that the final site plan does not comply
with the requirements and regulations of this article, then the record
of such determination shall be filed with the Town Clerk and delivered
to the applicant accompanied by a separate statement setting forth
in detail the exact nature of such noncompliance and all other factors
included in the basis for the Town Board's decision.