A.
Planned Unit Development PUD Districts are designed to encourage
and facilitate the construction of more efficient and desirable suburban
development than can be accomplished within the framework of conventional
zoning categories. They will permit the development of urban areas
which will foster a sense of community among their residents. Development
at a large scale is most conducive to a design that will accomplish
this purpose, because it provides opportunities for integral development.
Through a diversity of compatible land uses, such an integrated development
plan will give the project area a distinctive visual character and
identity. To assist in accomplishing this purpose, a planned unit
development will be permitted the maximum freedom in design; however,
it will be required to provide extensive environmental amenities,
and its development plans and its detailed site plans will be subject
to intensive review by the Village Board to assure the project's compatibility
with adjacent development, the general neighborhood and the Village
as a whole.
B.
No Planned Unit Development PUD District shall be created by amendatory
action of the Village Board, and no site plan approval shall be rendered
by such Village Board permitting the issuance of a building permit
without full compliance with the following regulations and procedures.
It is understood that certain public benefit features will be required
to ensure that the quality of design and amenity are sufficient to
justify the departure from conventional zoning restrictions. Emphasis
on the preservation of natural site attributes will be accomplished
through design and placement of structures which complement rather
than conflict with the natural terrain and other natural features
such as trees and watercourses. The following regulations will not
specify precise rules for the arrangement of the structures on the
site, but rather will require that they be compatible with each other
and with adjacent developments.
Once lands have been rezoned by the Village Board as a Planned
Unit Development PUD District, the set of use and dimensional specifications
elsewhere in this chapter are replaced by an approval process in which
the approved plan becomes the basis for continuing land use controls,
provided that in Planned Unit Development PUD Districts all structures
and uses shall be subject to the following regulations:
A.
Minimum area. No land shall be designated for a Planned Unit Development
PUD District if it is too small, too narrow in width, too irregular
in shape or with topography too excessive to be planned and developed
in a manner consistent with proper land use. Under normal circumstances,
the minimum area required to qualify for a Planned Unit Development
PUD District shall be 50 contiguous acres of land. The Zoning Board
of Appeals may recommend the waiver of this minimum if the Board finds
the proposed development to be in accord with the general Village
development plan.
B.
Permitted uses. All variety and types of residential uses shall be
permitted with accessory and associated uses, including, where necessary
and/or appropriate, the full range of nonresidential uses needed to
serve the residential development in suitable spatial relationships
and with adequate connectors.
C.
Density of development. In approving the development plan and site
plan, the Zoning Board of Appeals shall specify the respective maximum
densities permitted if the uses proposed were in existing zoning districts,
treating lot area requirements as net area. Modifications of the density
requirements may be made by the Board if conditions of the plan so
warrant.
D.
Open space. In every planned unit development, a minimum of 50% of
the total area of the tract shall be provided as open space. In a
planned unit development, "open space" is that outdoor common property
not occupied by structures, roads, service areas and their immediate
surroundings and set aside in whole or in part to preserve the natural
scenic beauty or openness of the area and for recreational use and
enjoyment by the owners and occupants of the planned unit development
so as to enhance the present or potential value of the remaining lands
in the planned unit development. That open space which contains such
structures, improvements and/or landscaping as are necessary and appropriate
for the benefit and enjoyment of the owners and occupants of the planned
unit development in their active and passive recreational purposes
shall be designated as developed open space. Vehicular parking areas
may be considered as developed open space for the purpose of this
chapter.
E.
Common property. Common property in a planned unit development is
a parcel or parcels of land, together with the improvement thereon,
the use and enjoyment of which is shared by the owners and occupants
of the development. When common property exists, the ownership of
such common property may be either public or private. Where common
property exists in private ownership, satisfactory arrangements must
be made for the improvement, operation and maintenance of such common
property and facilities.
F.
Ownership. The tract of land for a planned unit development may be
owned, leased or controlled either by a single person, a corporation
or a group of individuals or corporations. An application must be
filed by the owner or jointly by the owners of all property included
in the tract. In the case of multiple ownership, the development plan
and the site plan shall be binding on all owners.
A.
General. The fact that an application complies with all of the specific
requirements set forth herein shall not be deemed to create a presumption
that the proposed development would result in a more efficient and
desirable development than could be accomplished by the use of conventional
zoning categories or that it would result in compatibility with the
surrounding development; nor shall such compliance, by itself, be
sufficient to require the approval of the development plan, the site
plan or the granting of the zoning amendment to create a planned unit
development. Such a zone shall be recommended or rejected by the Zoning
Board of Appeals on a finding that the application is or is not proper
for the comprehensive and systematic development of the Village of
Webster.
B.
Application for development plan approval. In order for the Zoning
Board of Appeals and the developer to reach an understanding on basic
design requirements, the developer shall submit a plan of his or her
proposal to the Zoning Board of Appeals. Such a plan shall be to scale
and shall be supplied in such form and quantity as the Zoning Board
of Appeals may require and shall include the following information
in addition to any other information which the applicant deems necessary
to support the application:
(1)
The principal physical characteristics of the site, including an
analysis of the soils and subsoils and the location of major stands
of trees, streams, floodplains and rock outcroppings.
(2)
The topography of the site with contour intervals of not more than
five feet of elevation; areas of the site where grades exceed 3%;
portions of the site with a moderate to high susceptibility to erosion,
flooding or ponding; and a preliminary grading plan with five-foot
contour intervals.
(3)
An analysis of the relationship of the site to the surrounding community,
including significant parcels of vacant land and the character of
nearby built-up areas.
(4)
Principal ties to the community at large with respect to transportation,
circulation, water supply, sewage disposal and other pertinent public
utilities.
(5)
General description of the provision of other community facilities
such as schools, fire protection and cultural facilities, if any,
and some indication of how these needs are to be accomplished.
(6)
The proposed land use plan indicating the location, number and types
of dwelling units in each residential area; business and/or industrial
areas; parks, playgrounds, recreational structures and facilities;
open spaces; common property and all other uses; and the major and
minor circulation pattern with all existing rights-of-way and easements,
parking areas and pedestrianways.
(7)
A generalized landscaping plan; the overall drainage system.
(8)
If the development is to be staged, an indication of how the staging
is to proceed.
(9)
Any other information required by the Zoning Board of Appeals for
the purpose of enabling it to evaluate the compliance of the proposed
planned unit development with the general intent of this article.
C.
Review of development plan by Zoning Board of Appeals. The Zoning
Board of Appeals shall review the development plan and its related
documents and shall render its report within 62 days of the date when
all of the necessary application material has been presented. The
Zoning Board of Appeals may hold formal or informal public hearings
on the development plan to assist it in the preparation of its report.
If no report has been rendered within 62 days, unless such time limit
has been extended by mutual consent of the applicant and the Zoning
Board of Appeals, it may be assumed by the applicant that the report
is favorable, and the Village Board shall be so informed.
[Amended 6-9-1994 by L.L. No. 2-1994]
(1)
A favorable report shall be based on the following findings which
shall be included as part of the report:
(b)
The proposal meets all the general requirements of § 175-29 and, if necessary, any of the specific requirements of this section.
(c)
The proposal represents a creative approach to the use of land
through innovation and flexibility.
(d)
The proposal is conceptually sound in that it meets a community
need and it conforms to accepted design standards in the proposed
roadway system, land use configuration, open space system and drainage
system.
(e)
There are adequate services and utilities available or proposed
to be made available in the construction of the development.
(2)
An unfavorable report shall state clearly the reasons therefor and,
if appropriate, point out to the applicant what might be necessary
to receive a favorable report.
D.
Application for planned unit development districting. Upon receipt
of a report from the Zoning Board of Appeals, the Village Board may
then consider the application for the Planned Unit Development District
as any other application for amendment of the zoning local laws and
may establish a date for and conduct a public hearing for such an
amendment as provided by law.
E.
Zoning for planned unit development. If the Village Board grants
the redistricting to planned unit development, the Zoning Map shall
be so amended. When rezoning a parcel, the Village Board shall establish
the maximum number of dwelling units therein and may, if it feels
it necessary in order to fully protect the public health, safety and
welfare of the community, attach to its zoning resolution any additional
requirements for the applicant to meet. Such requirements may include,
but not be limited to, visual and acoustical screening, land use mixes,
order of construction and/or occupancy, vehicular and pedestrian circulation
systems, availability of sites within the area for necessary public
services such as schools, firehouses and libraries, protection of
natural and/or historic sites and other physical or social demands.
The Village Board shall further approve the final site plan prior
to effectuation of the Zoning Map amendment and the issuance of a
building permit by the Building Inspector. Such site plan may constitute
the entire development or, if staged, only a portion thereof. If the
project is to be constructed in stages, only that portion receiving
site plan approval may be effectuated.
F.
Site plan submission. In an area designated as a Planned Unit Development
PUD District, a detailed site plan must be approved by the Village
Board prior to the issuance of a building permit. The site plan for
all or a portion of the Planned Unit Development PUD District shall
be consistent with the development plan. It shall show:
(1)
All of the information normally required in the submission of a preliminary
subdivision plan.
(2)
An area map showing the applicant's entire holding, that portion
of the applicant's property under consideration and all properties,
subdivisions, streets and easements within 500 feet of the applicant's
property.
(3)
The proposed location, coverage and use of all buildings; if a building
is a multiple-family dwelling, the number of dwelling units, classified
by the number of bedrooms.
(4)
All roads, streets, parking areas and pedestrianways.
(5)
Existing topography and final grading plan at contour intervals of
not more than two feet.
(6)
The proposed landscaping, lighting and screening plans. The sites
of all public or private common areas, including schools, parks, playgrounds
and other community facilities, identifying land to be dedicated to
public use.
(7)
If the application is related to past and future stages and to the
entire development.
(8)
The calculation of building coverage, parking facilities, areas of
open space, density and common areas.
(9)
Any other information required by the Zoning Board of Appeals to
evaluate the consistency of the detailed site plan within the approved
development plan.
G.
Site plan review. Upon review by the Zoning Board of Appeals of the
detailed site plan, it shall determine:
(1)
Whether the detailed site plan is consistent with and carries out
the intent of the development plan as approved.
(2)
Whether, in the opinion of the Zoning Board of Appeals, the arrangements
for the ownership and maintenance of the common land are workable
and will result in the permanent preservation of such land for its
indicated use.
(3)
Whether, if the application involves less than the total area of
the planned unit development, the development proposed under the site
plan could exist by itself as a unit capable of sustaining an environment
of continuing quality and stability consistent with the development
plan.
H.
Site plan approval. Within 62 days of the receipt of the application
for site plan approval, the Zoning Board of Appeals shall make a recommendation
for approval or disapproval and so notify the Village Board, which
shall take final action thereon.
[Amended 6-9-1994 by L.L. No. 2-1994]
(1)
Upon approving an application, the Village Board shall endorse its
approval on a copy of the site plan and forward it to the Building
Inspector, who shall then issue a building permit to the applicant
if the project conforms to all other applicable requirements.
(2)
Upon disapproving an application, the Village Board shall notify
the applicant and the Building Inspector, in writing, of its decision
and its reasons for disapproval.
