Developments which provide for single-family dwelling units and permitted accessory uses, wherein dwelling units are grouped in sections in order to maximize the amount of common open space and to preserve the natural character of the site, shall be designated as "cluster development." Cluster developments shall be permitted in the DR, CAL-R-1, R-1, RU and PUD Districts, shall be considered a special use, and shall be subject to site plan review. The Town of Delaware Planning Board shall have the authority, as provided in § 278 of the New York State Town Law, to approve or deny plans for cluster developments in accord with the standards contained in this chapter and in Chapter 186, Subdivision of Land.
A.
Applications. Cluster development applications shall be processed concurrently with the subdivision approval procedures set forth in the Town of Delaware Subdivision Regulations in Chapter 186 of this Code, and all applicable development requirements of the subdivision regulations shall apply.
B.
Minimum parcel size. A minimum parcel size of five acres shall be
required, and all lands, including open space, proposed for a cluster
development shall be contiguous.
C.
D.
Density. The overall density on the parcel shall be maintained as
required by this chapter. The total number of individual building
lots permitted on the project parcel shall be determined in one of
the following two methods:
(1)
Demonstration plan method. The number of cluster lots permitted shall be the same as the total number of buildable lots permitted in a normal (i.e., noncluster) subdivision of the same parcel. In order to determine the number of cluster lots permitted, the applicant shall submit a subdivision plan for the parcel as if it were to be developed in accord with all the standards and requirements in this chapter and Chapter 186, Subdivision of Land, for a normal (i.e., noncluster) residential subdivision served by the designated type of water supply and a sewage disposal system. The level of detail required for the plan shall be determined by the Planning Board based on site conditions and the nature of the proposed project. Any lot which, due to slope, wetlands or other limitation, does not contain a suitable area for erecting a dwelling and associated improvements using normal development and building practices shall not be considered a "buildable lot" for the purposes of this § 220-36, and such determination shall be made by the Planning Board.
(2)
Calculation method. The total number of dwelling units permitted
shall be determined after deducting:
(a)
Land contained within public rights-of-way;
(b)
Land contained within the rights-of-way of existing or proposed
private streets and parking areas (where formal rights-of-way are
not involved, the width of the street shall be assumed as 50 feet
wide);
(c)
Land contained within the boundaries of easements previously
granted to public utility corporations providing electrical or telephone
service; and any petroleum products pipeline and railroad rights-of-way;[1]
(d)
The area of water bodies, including lakes, ponds and streams
(measured to the normal high-water mark on each side); 50% of wetland
areas; quarries; 50% of areas with slope in excess of 24%; and areas
used for improvements, from the total area of the project parcel and
applying the density as required for the district based on the type
of water supply and sewage disposal. For example, for a cluster development
in the RU District with central water supply and central sewage disposal,
the density would be based on one unit per 40,000 square feet of adjusted
land area.
(3)
Crossing zoning district boundaries. In cases where the proposed cluster development falls within two or more zoning districts with differing density requirements, the Planning Board may approve in any one such zoning district a cluster development representing the cumulative density as derived from the summing of all units allowed in all such districts as determined in accord with this § 220-36.
E.
General planning criteria.
(1)
Preserve natural site features. Individual lots, buildings, streets,
parking areas and other improvements shall be designed and situated
to minimize alteration of the natural site features.
(2)
Open space. Cluster open space shall include irreplaceable natural
features located in the tract (such as, but not limited to, water
bodies, significant stands of trees, individual trees of significant
size, and rock outcroppings).
(3)
Visual impacts. Individual lots, buildings and units shall be arranged
and situated to relate to surrounding properties, to improve the view
from and the view of buildings, to lessen area devoted to motor vehicle
access, and to reduce visual impacts to adjoining properties and public
roads.
(4)
Cluster design. Diversity and originality in lot layout shall be
encouraged to achieve the best possible relationship between development
and the land.
F.
Open space. Open space shall be provided in accord with this § 220-36F and § 220-42 of this chapter.
(1)
Characteristics. All areas of a cluster development not conveyed
to individual lot owners and not occupied by required or proposed
development improvements shall be dedicated in perpetuity as permanent
open space to be used for the sole benefit and enjoyment of the residents
of the development.
(a)
A minimum of 25% of the gross area of the project parcel shall
remain as open space, and the location and configuration of the open
space shall be suitable for recreation purposes and shall be approved
by the Township.
(b)
Open space areas shall be part of the project parcel and shall
be contiguous.
(c)
At least 50% of the open space shall be usable for active recreation
purposes and shall not include wetlands, quarries, slopes in excess
of 24%, or otherwise unusable areas.
(2)
Dedication and ownership. Land designated as open space shall be
maintained as open space and shall not be used to meet open space
or recreation area requirements for other developments. The open space
resulting from clustering of dwelling units shall be titled to a property
owners' or homeowners' association (POA) prior to the sale of any
lots or dwelling units by the developer.
(a)
Membership shall be mandatory for each property owner within
the development.
(b)
All restrictions on the ownership, use and maintenance of common
open space shall be permanent, and the POA shall be responsible for
liability insurance, local taxes and maintenance of all open space,
recreational facilities and other commonly held amenities.
(c)
Each property owner must be required to pay his proportionate
share of the POA's cost, and the POA shall have the authority
to file liens on the lot/unit owner's property if levied assessments
are not paid.
(d)
The POA must also have the ability to adjust the assessment
to meet changing needs for operation and maintenance of open space
and improvements.
H.
Water supply. All lots in the cluster development shall be provided
with an adequate water supply. Any lots which are less than 40,000
square feet in size shall be served by a central water supply system.
Lots of 40,000 square feet or more in size may be served by on-site
wells.
I.
Sewage disposal. All lots in the cluster development shall be provided
with adequate sewage disposal. Any lots which are less than 40,000
square feet in size shall be served by a central sewage disposal system.
Lots of 40,000 square feet or more in size may be served by on-site
sewage disposal systems.
J.
Access. The development shall be served by only one access to any
public highway, unless topography or other physical features dictate
the use of more than one access for safety reasons.
K.
Lot access. Access for individual building lots shall be provided
by development roads only, and no individual driveways shall be permitted
to encroach upon any public road right-of-way.
L.
Buffer. A buffer area of 50 feet shall be maintained between individual
building lots and exterior property lines and/or any public road right-of-way.
Multiple dwelling projects are permitted as special uses in the R-1, CAL-R-1, B-1, Cal-B-1 and PUD Districts and shall be subject to the provisions of this chapter and shall also be considered major subdivisions subject to the jurisdiction of the Town of Delaware Subdivision Regulations, Chapter 186 of this Code. This "major subdivision" classification shall apply to all subdivision of property in connection with the development, regardless of whether or not the same are connected with building development or conveyance of land or buildings involved, and the approvals required shall be requested and acted upon concurrently as one subdivision.
A.
Application submission. The applicant shall submit all information required by Chapter 186, Subdivision of Land, and the following additional information:
(1)
Application. An application for multifamily dwelling special use
approval on a form to be supplied by the Town or, in the absence of
such form, by a letter or brief from the applicant or his or her representative,
indicating how the development will specifically comply with or meet
the special use and site plan review criteria contained in this chapter.
(2)
Lot plan. A proposed lot plan showing, in addition to the information required by Chapter 186, Subdivision of Land, the following:
(a)
Approximate (generally within five feet) location of all buildings
and improvements, including parking areas, planting strips (if any),
signs, storm drainage facilities, water supply and distribution system,
sewage treatment and collection systems.
(b)
The specific areas provided as open space in connection with
the requirements of this chapter.
(c)
Building layouts, floor plans and profiles shall also be provided,
indicating building dimensions, numbers and size of units, common
ownership or use areas (apart from the open space referenced below),
lighting and such other information as shall be required to determine
compliance with the design standards contained herein. (NOTE: Compliance
with New York State Building Codes shall be determined by the Town
Building Inspector as part of the building permit process.)
(d)
Setbacks from property lines, improvements and other buildings.
(3)
Property owners' association and open space. In the case of projects involving the sale of interests in the project (as opposed to rentals), a plan submitted in accord with § 220-42 of this chapter shall be submitted for the purpose of dedicating the exclusive use and/or ownership of the recreation area and open space required by this chapter to the dwelling owners or occupants. Land designated as open space shall be maintained as open space and shall not be used to meet open space or recreation area requirements for other developments.
(a)
Membership in the POA shall be mandatory for each property owner
within the development.
(b)
All restrictions on the ownership, use and maintenance of common
open space shall be permanent, and the POA shall be responsible for
liability insurance, local taxes and maintenance of all open space,
recreational facilities and other commonly held amenities.
(c)
Each property owner must be required to pay his proportionate
share of the POA's cost, and the POA shall have the authority
to file liens on the unit owner's property if levied assessments
are not paid.
(d)
The POA must also have the ability to adjust the assessment
to meet changing needs for operation and maintenance of open space
and improvements.
(4)
Building permit application. A completed building permit application
on forms to be supplied by the Town. A copy of the completed application
shall also be filed with the Building Inspector, who shall collect
any fees connected with that application at the time the special use
is granted.
B.
Procedure. The application package shall be processed on a schedule identical with requirements for review and approval of other preliminary plans in accord with Chapter 186, Subdivision of Land. The Planning Board shall act on the preliminary plan and special use/site plan application concurrently, and if approval is granted, the approval shall be valid for a period equal to that for preliminary plan approval.
(1)
Public hearing. The Town Planning Board, before taking action, shall also hold a public hearing pursuant to the requirements of Chapter 186, Subdivision of Land, and the special use/site plan requirements of this chapter.
(2)
New York State Department of Health. Plan approval, if such approval
is granted, shall be subject to approval by the New York State Department
of Health if the same shall be required.
(3)
Building permits. No building permit shall be issued to the applicant
until all conditions attached to the approval of any preliminary plan
shall have been satisfied, and nothing herein shall be construed as
permitting the issuance of a building permit prior to preliminary
plan approval. If the preliminary plan shall be rejected, no building
permit shall be issued.
(4)
Completion of improvements. Following preliminary plan approval, the applicant shall, in accord with Chapter 186, Subdivision of Land, provide for the installation of required or proposed improvements, including but not limited to streets, parking areas, storm drainage facilities, recreational facilities and lighting. Complete building plans shall also be submitted as part of the final plan application. Final plan approval may be granted if a guarantee for improvements is provided to the satisfaction of the Town pursuant to the applicable provisions of Chapter 186, Subdivision of Land.
(5)
Certificate of occupancy. No certificate of occupancy shall, however,
be issued until such time as:
(6)
Sale of land and buildings. No person shall sell, transfer or lease
any land and/or buildings or interests in the individual dwelling
units to be created unless and until final plan approval shall have
been granted and the plan has been recorded in the County Clerk's
office. Nothing herein shall preclude agreements of sale or the taking
of deposits consistent with New York State law.
C.
Density. Multiple dwelling density in the R-1 and CAL-R-1 Districts
shall not exceed the number of dwelling units per acre which would
be permitted within the zoning district if the parcel on which the
units are to be constructed were to be developed for single-family
residential use. In the case of the B-1 and CAL-B-1 Districts, the
total number of dwelling units permitted shall be determined after
deducting:
(1)
Land contained within public rights-of-way;
(2)
Land contained within the rights-of-way of existing or proposed private
streets and parking areas (where formal rights-of-way are not involved,
the width of the street shall be assumed as 50 feet wide);
(3)
Land contained within the boundaries of easements previously granted
to public utility corporations providing electrical or telephone service;
and any petroleum products pipeline and railroad rights-of-way;[1]
(4)
The area of water bodies, including lakes, ponds and streams (measured
to the normal high-water mark on each side); 50% of wetland areas;
quarries; 50% of areas with slope in excess of 24%; and areas used
for improvements, from the total area of the project parcel and applying
the following density factors to the adjusted land area:
|
Zoning District
|
Lot Area Per Unit
(square feet)
| |
|---|---|---|
|
R-1
|
20,000
| |
|
CAL-R-1
|
20,000
| |
|
B-1
|
5,000
| |
|
CAL-B-1
|
7,500
|
|
NOTES: Fractional numbers of units of 0.75 or less shall be
rounded to the next lowest whole number, and units of more than 0.75
shall be rounded to the next highest whole number.
|
D.
Water and sewage. All multiple-dwelling developments shall be served
with central sewage disposal facilities and central water supplies.
Effluent disposal areas shall be subject to the setback requirements
applicable to other multiple-dwelling buildings and improvements.
E.
General planning criteria.
(1)
Natural site features. Buildings, streets, parking areas and other
improvements shall be designed and situated to minimize alteration
of the natural site features.
(2)
Open space. Open space shall include irreplaceable natural features
located in the tract (such as, but not limited to, water bodies, significant
stands of trees, individual trees of significant size, and rock outcroppings).
(3)
Visual impacts. Buildings shall be arranged and situated to relate
to surrounding properties, to improve the view from and the view of
buildings, to lessen area devoted to motor vehicle access, and to
reduce visual impacts to adjoining properties and public roads.
(4)
Development design. Diversity and originality in development layout
shall be encouraged to achieve the best possible relationship between
development and the land.
F.
Design criteria. The following design criteria shall apply to multiple-dwelling
developments:
(1)
There shall be no more than 10 dwellings in each multiple-dwelling
building.
(2)
No structure shall be constructed within 40 feet of the edge of the
right-of-way of any road through the development.
(3)
Roads shall comply with minor street requirements as specified in Chapter 186, Subdivision of Land, and no parking space shall be designed such that a vehicle would be backing or driving out onto a through road. Instead, there shall be a defined entrance and exit to and from each parking area.
(4)
The development shall be served by only one access to any public
highway, unless topography or other physical features dictate the
use of more than one access for safety reasons.
(5)
Parking shall comply with the standards of this chapter, excepting
that, in addition to the normal required spaces per unit, there shall
be specifically provided, for every two units intended for rental
or other transient occupancy, one additional space to accommodate
parking needs during sales and other peak visitation periods.
(6)
No more than 60 parking spaces shall be provided in one lot, nor
more than 15 in a continuous row, without being interrupted by landscaping.
All off-street parking shall be adequately lighted and also arranged
as to direct light away from residences.
(7)
No structure shall be erected within a distance equal to its own
height of any other structure.
(8)
All multiple-dwelling structures shall be a minimum of 50 feet from
any of the exterior property or boundary lines of the particular project
involved and 30 feet from any public right-of-way. In the case of
multiple dwellings in the B-1 and CAL-B-1 Districts, the yard requirements
for the district shall apply.
(9)
Where a property line is not wooded, a planting strip/buffer of up
to 50 feet in width or a privacy fence may be required to buffer adjoining
property owners and ensure privacy. A landscaping plan may be required
by the Planning Board.
G.
Nonresidential use. Nonresidential uses shall not be permitted in
a multiple-dwelling development unless planned as part of a planned
unit development. This, however, shall not preclude such ancillary
facilities as laundry areas, service buildings, recreational facilities,
and the like.
H.
Conversions of existing structures. See § 220-41 of this chapter. Conversions of motels, hotels or other existing structures to multiple-dwelling projects, regardless whether such conversions involve structural alterations, shall be subject to the provisions of this § 220-37. If the proposed project does involve structural alterations, the preliminary plan shall include a certification of a registered architect or a registered engineer to the effect that the existing building is structurally sound and that the conversion will not impair its structural soundness.
A.
Purposes and planning criteria.
(1)
It is the purpose of this section to permit, on receipt and approval
by the Town Board of an application made by the landowner(s), the
establishment of a zoning classification entitled Planned Unit Development
(PUD) District. Such district shall be permitted for the following
purposes:
(a)
A maximum choice in the types of housing, lot sizes and community
facilities available to present and future Town residents and visitors
of all income levels;
(b)
More usable open space and recreation areas;
(c)
More convenience in location of certain accessory commercial
and service areas;
(d)
The preservation of trees, outstanding natural topography and
geological features, and prevention of soil erosion;
(e)
A creative use of land and related physical development which
allows an orderly transition from rural to urban uses;
(f)
An efficient use of land resulting in small networks of utilities
and streets and thereby lowering housing costs;
(g)
A development pattern in harmony with objectives of the Town
of Delaware Comprehensive Plan;
(2)
Generally, these "floating districts" are intended to provide landowners
who wish to develop functionally integrated residential or resort
communities or complexes with the flexibility to do so, provided sufficient
open space will be preserved and the development is designed with
safeguards to protect the public health, safety and welfare.
(3)
The following general planning criteria shall be considered in PUD
Districts:
(a)
Natural site features. Individual lots, buildings, streets,
parking areas and other improvements shall be designed and situated
to minimize alteration of the natural site features.
(b)
Open space. Open space shall include irreplaceable natural features
located in the tract (such as, but not limited to, water bodies, significant
stands of trees, individual trees of significant size, and rock outcroppings).
(c)
Visual impacts. Individual lots, buildings and units shall be
arranged and situated to relate to surrounding properties, to improve
the view from and the view of buildings, to lessen area devoted to
motor vehicle access, and to reduce visual impacts to adjoining properties
and public roads.
(d)
PUD design. Diversity and originality in lot and development
layout shall be encouraged to achieve the best possible relationship
between development and the land.
B.
Procedures. The Town Board shall establish PUD Districts in the following
manner:
(1)
Application and sketch plan. The owner(s) of the land in a proposed
PUD District shall initially apply to the Town of Delaware Planning
Board for the establishment of a planned district. The application
shall be in writing and include a sketch plan. Said sketch plan shall
be drawn to scale, though it need not be to the precision of a finished
engineering drawing, and it shall include the following information:
(a)
The location and types of the various uses and their areas in
acres;
(b)
Delineation of the various residential areas, indicating for
each such area its general location, acreage and composition in terms
of total number of dwelling units, approximate percentage allocation
of dwelling units by type and the calculation of the residential density
units per gross acre of site area;
(c)
The general outlines of the interior roadway system and all
existing public and private rights-of-way and easements;
(d)
The location and area of the common open space;
(e)
The overall drainage systems;
(f)
A location map showing uses and ownership of abutting lands;
(g)
Provisions for sewers, water and other required utilities.
|
Additional documentation: In addition, the following documentation
shall accompany the sketch plan:
|
[1]
Evidence that the proposal is compatible with the goals of the
Town of Delaware Master Plan;
[2]
A description of anticipated common open space ownership and
maintenance.
[3]
If the development is to be staged, a general indication of
how the staging is to proceed. The sketch plan shall show the total
project, whether or not the proposed development is to be staged.
[4]
A statement of how the PUD will comply with the special use/site
plan review criteria contained in this chapter.
(2)
Planning Board public hearing and report. The Planning Board shall
review the sketch plan and related documents and render a report to
the applicant on the acceptability of the proposal along with recommendations
for changes or improvements, if any. The Planning Board may conduct
a public hearing as part of the review process, notice of said hearing
to be published in a newspaper of general circulation in the Town
not less than five days prior to the date of the hearing. The Planning
Board shall make such report within 62 days of the meeting at which
the sketch plan is initially presented or within 62 days of the public
hearing, if a hearing is conducted. An unfavorable report shall state
clearly the reasons therefor and, if appropriate, advise the applicant
what revisions are necessary to receive acceptance.
(3)
Preliminary development plan. Upon receipt of a favorable report from the Planning Board, the applicant may submit a preliminary development plan for the project, including all information required under Chapter 186, Subdivision of Land, and addressing any comments which may have been made by the Planning Board. The applicant shall also submit, in the form of a letter or brief, information indicating how the development will specifically comply with or meet the special use and site plan review criteria contained in this chapter and the following additional information:
(a)
An area map showing the property proposed for the PUD and adjacent
property, if any, owned by the applicant and all other properties,
roads and easements within 500 feet of the applicant's property.
(b)
The preliminary development plan shall show:
[1]
Location, proposed use and height of all buildings;
[2]
Locations of all parking and truck loading areas, with egress
thereto;
[3]
Location and proposed development of all open space;
[4]
Location of all existing or proposed site improvements;
[5]
Description and location of water supply, sewage system and
storm drainage system;
[6]
Location of all signs and designs of lighting facilities;
[7]
Extent of building area proposed for nonresidential uses, if
any;
[8]
Location of existing watercourses and wetlands; and
[9]
Location of municipal and fire, light and school district boundaries.
(4)
Action on PUD and preliminary plan. Within 62 days of the receipt
of a completed preliminary development plan, the Planning Board shall
conduct a public hearing on the development plan. Within 62 days of
the hearing, the Planning Board shall recommend action to the Town
Board regarding establishment of a PUD District to accommodate the
proposed project. It shall concurrently approve, disapprove or approve
with modifications, the preliminary development plan, conditioning
any approval on action of the Town Board with respect to the PUD District.
Public notice and other procedures shall be in accord with that required
for review and action on preliminary plats in accord with § 276
of the New York State Town Law. The Planning Board shall approve the
plan if it finds that:
(a)
The proposed uses will not be detrimental to present and potential
uses in the area surrounding the proposed district.
(b)
Existing and proposed highways are or will be suitable and adequate
to carry anticipated traffic associated with the proposed district.
(c)
Existing and future utilities are or will be adequate for the
proposed development.
(5)
Notice of action. Preliminary approval by the Planning Board shall
be in the form of a written statement to the applicant and may include
recommendations to be incorporated in the final plan. If the preliminary
development plan is disapproved, the statement of the Planning Board
shall contain the reasons for disapproval. The Planning Board may
recommend further study and resubmission of a revised preliminary
development plan.
(6)
Town Board PUD establishment. When the Planning Board has approved
a development plan for a proposed district, the plan shall be filed
in the office of the Town Clerk, and the Town Board shall then proceed
to consider amendment of the law in accord with the New York State
Town Law, conducting a hearing and acting upon the same within 90
days of the meeting at which the Planning Board's recommendation
is received. The Town Board shall, as required by New York law, provide
for County Planning Board review of the proposal and may attach conditions
to its approval. When any planned district is not substantially developed
in accordance with the approved preliminary development plan for a
period of three years from the effective date of its establishment,
and provided it shall then appear that rights vested in persons acting
in good faith in reliance on such zoning classification will not be
prejudiced thereby, the Town Board, upon resolution, may amend this
chapter in the manner provided by the Town Law so as to void the change
in classification to a PUD District.
(7)
Final development plan.
(a)
After the Planning Board has approved the preliminary development plan, and if the Town Board has approved the establishment of the PUD District, the applicant shall prepare a final development plan, including all information required under Chapter 186, Subdivision of Land, for final plats, and shall submit it to the Planning Board for consideration. Said final development plan shall be treated as a final plat in accord with Chapter 186, Subdivision of Land, and the applicable requirements of said chapter shall apply.
(b)
The final development plan shall conform substantially to the
preliminary development plan approved by the Planning Board. It shall
incorporate any revisions or other features that may have been recommended
by the Planning Board and/or the Town Board at the time of preliminary
review.
(c)
Where more than 12 months have elapsed between the date of preliminary
approval and the time of submission of the final development plan,
or where the Planning Board finds that conditions affecting the plan
have changed significantly in the interim, the Planning Board may
require a resubmission of the preliminary development plan for further
review and possible revision prior to accepting the proposed final
development plan for consideration.
(8)
Stages. The applicant may submit, or the Planning Board may require the applicant to submit, the final development plan in stages. Revisions to any approved plan shall be submitted to the Planning Board for review and approval. The Board shall apply the terms of § 220-43 of this chapter to determine if special use approval shall be required for the revision. In addition, the Board may require special use approval for any revision which in the Board's determination will have a significant effect upon traffic, open space, stormwater, neighboring properties or other elements of the environment or community. In cases where special use approval is not required, the revision shall not require a public hearing, and the Planning Board may take action on the revision during the meeting at which the plan revision is presented.
C.
General requirements. The following general requirements shall apply
to PUD Districts:
(1)
Location. A PUD District may be permitted anywhere in the Town of
Delaware.
(2)
Parcel size. A PUD District shall comprise at least 50 contiguous
acres of land, although lesser-sized tracts may be approved at the
discretion of the Planning Board and Town Board.
(3)
Utilities. All uses situated in a PUD District shall be served by
central water and sewage systems. All water, sewer and gas lines and
all other lines providing power and communications service shall be
installed underground in the manner prescribed by the appropriate
state and local agency and/or utility company having jurisdiction,
excepting that temporary service for construction purposes may be
provided above ground.
(4)
Modification of standards. Developments within the PUD District shall comply with all other applicable provisions of this chapter. However, the Planning Board, in the interests of meeting the purposes and the general planning criteria enumerated in § 220-38A of this article, shall have the authority to modify the standards of this chapter as they pertain to development in the PUD. No modification or waiving of density or use standards applicable to PUD Districts shall be permitted.
(5)
Density for nonresidential uses. Density for nonresidential uses
shall be determined on the basis of projected sewage flows with an
equivalent dwelling unit being that amount of flow normally associated
with a single-family residential dwelling.
(6)
Building heights. Building heights generally applicable to such districts
may be exceeded for projects not closer than 300 feet to the perimeter
of a district. Buildings up to 60 feet in height will be permitted
in this area, on application to the Building Inspector, while buildings
in excess of 60 feet in height shall be considered as special uses.
(7)
Landownership. The land proposed for a PUD District may be owned,
leased or controlled either by an individual, corporation or by a
group of individuals or corporations. PUD District applications shall
be filed by the owner, or jointly by all owners, of the property included
in the application. In the case of multifamily ownership, the approved
plan shall be binding on all owners.
(8)
PUD organization. A PUD District may be organized as a condominium, a cooperative, a leasehold or held in individual or corporate ownership. If a property owners' association (POA) is to be established, and one shall be required if any property is to be held in common, such POA shall be organized in the manner provided in § 220-38E of this article.
D.
Density. The total number of dwelling units and extent of nonresidential
development permitted in a PUD District shall be determined after
deducting:
(1)
Land contained within public rights-of-way;
(2)
Land contained within the rights-of-way of existing or proposed private
streets and parking areas (where formal rights-of-way are not involved,
the width of the street shall be assumed as 50 feet wide);
(3)
Land contained within the boundaries of easements previously granted
to public utility corporations providing electrical or telephone service,
and any petroleum products pipeline and railroad rights-of-way;[1]
(4)
The area of water bodies, including lakes, ponds and streams (measured
to the normal high-water mark on each side); 50% of wetland areas;
quarries; 50% of areas with slope in excess of 24%; and areas used
for improvements, from the total area of the PUD District and applying
the density factors of two dwelling units per acre for residential
development and two equivalent dwelling units per acre for nonresidential
development to the adjusted land area. An "equivalent dwelling unit"
shall be that amount of sewage flow normally associated with a single-family
residential dwelling.
E.
Open space. Open space shall be provided in accord with this § 220-38E and § 220-42 of this chapter.
(1)
Residential projects. The provisions of this § 220-38E(1) shall apply to all areas of a PUD which are part of or are used for density for a particular residential development project.
(a)
Characteristics. All areas of a PUD which are part of or are
used for density for a particular residential development project
and which are not conveyed to individual lot owners and are not occupied
by buildings or by required or proposed development improvements shall
be open space to be used for the benefit and enjoyment of the residents
of the PUD.
[1]
A minimum of 50% of the gross area of the project parcel, or
the overall PUD if the proposed project is included in the PUD open
space plan, shall remain as open space, and the location and configuration
of the open space shall be suitable for recreation purposes and shall
be approved by the Planning Board.
[2]
Open space areas shall be part of the project parcel and shall be contiguous or may be located in another area of the PUD, provided the proposed project is included in the PUD open space plan required by § 220-42.
[3]
At least 25% of the open space shall be usable for active recreation
purposes and shall not include wetlands, quarries, slopes in excess
of 24%, or otherwise unusable areas.
(b)
Dedication and ownership. Land designated as open space for
residential projects shall be maintained as open space and shall not
be used to meet open space or recreation area requirements for other
developments. Open space may be held by a condominium, a cooperative
or in individual or corporate ownership. If a property owners'
association (POA) is to be established, and one shall be required
if any property is to be held in common, such POA shall be organized
in the manner below:
[1]
Membership shall be mandatory for each property owner within
the development.
[2]
All restrictions on the ownership, use and maintenance of common
open space shall be permanent, and the POA shall be responsible for
liability insurance, local taxes and maintenance of all open space,
recreational facilities and other commonly held amenities.
[3]
Each property owner must be required to pay their proportionate
share of the POA's cost, and the POA shall have the authority
to file liens on the lot/unit owner's property if levied assessments
are not paid.
[4]
The POA must also have the ability to adjust the assessment
to meet changing needs for operation and maintenance of open space
and improvements.
(2)
Nonresidential uses. Nonresidential uses shall be included in the overall PUD open space plan required by § 220-42. Nonresidential uses may be sold or changed in use, provided such sale or change does not adversely affect the open space designation or PUD residential property owner's rights, and such change complies with all other requirements of this chapter.
F.
Procedure for annexation to an existing PUD. This § 220-38F shall only apply to the annexation of additional land area into an existing PUD which has been duly created in accord with § 220-38B of this chapter. Any such annexation shall become an integral part of the existing PUD in terms of development planning, overall density, open space, provision of utilities and other improvements, and property owner rights and responsibilities. Any parcel proposed for such annexation which will not be so integrated with the existing PUD shall be created in accord with the requirements of this § 220-38 for a new PUD. The following requirements shall apply to the annexation of additional land to an existing PUD:
(1)
Land to be contiguous. The land to be annexed to the existing PUD
shall be substantially contiguous to the PUD (as determined by the
Planning Board) and shall be held under the same ownership and/or
control as the existing PUD at the time the annexation is effected.
(2)
Zoning Map amendment. The annexation shall be considered a Zoning Map amendment which shall, in addition to the requirements of this § 220-38F, be enacted in accord with the applicable requirements of this chapter, the New York State Town Law, and any other applicable statutes.
(3)
Application to Planning Board. The owner(s) of the land proposed
for annexation to the existing PUD District shall initially apply
to the Town of Delaware Planning Board. The application shall be in
writing, and although a site-specific plan for the use of the parcel
proposed for annexation shall not be required, the application shall
include the following information:
(a)
A complete survey map prepared by a licensed land surveyor showing the parcel proposed for annexation and including the information for minor subdivisions as required by § 186-10B and C of Chapter 186, Subdivision of Land, as amended, and the following information:
[1]
The location of any existing public and private roads, rights-of-way
and easements;
[2]
The general location of all natural features, including vegetation,
drainageways, steep slopes, water bodies, wetlands and other environmentally
sensitive areas;
[3]
Any other information deemed necessary by the Planning Board.
(b)
A statement regarding the provision of sewage disposal, water
supply and other required utilities, and how same will relate to such
facilities serving the existing PUD;
(c)
Evidence that the proposal is compatible with the goals of the Town of Delaware Comprehensive Plan and the purposes and planning criteria enumerated in § 220-38A of this chapter;
(d)
A description of anticipated common open space ownership and
maintenance;
(e)
If the development planned for the PUD is to be staged, a general
indication of how the staging is to proceed;
(f)
An area map showing the property proposed for annexation to
the existing PUD and how it relates to the PUD and adjacent property,
if any, owned by the applicant and all other properties, roads and
easements within 500 feet of the applicant's property;
(g)
A statement detailing the uses, density, open space, and other
features of the existing PUD and how the parcel proposed for annexation
will affect the same;
(h)
A statement indicating how the development will specifically
comply with or meet the special use and site plan review criteria
contained in this chapter.
(4)
Public hearing and action. Within 62 days of the receipt of a completed
proposal for a PUD District annexation, the Planning Board shall review
such submission, may conduct a public hearing on the proposal, and
shall recommend action to the Town Board regarding the amendment of
the Zoning Map to effect the annexation. Such recommendation shall
be made in writing. If a recommendation for disapproval is made, the
written notice shall contain the reasons for the disapproval recommendation,
and the Planning Board shall provide a copy of the written notice
of same to the applicant as well as the Town Board.
(5)
Town Board action. Upon receipt of the Planning Board's recommendation,
the Town Board shall proceed with the consideration of the proposed
annexation in accord with the applicable Zoning Map amendment requirements
of this chapter, the New York State Town Law, the New York State Environmental
Quality Review Act, and any other applicable statutes.
All mobile homes and mobile home parks shall comply with Chapter 154, Mobile Homes, of the Code of the Town of Delaware; Chapter 110, Campgrounds and Recreational Vehicle Parks, of the Code of the Town of Delaware; and no mobile home shall be permitted which is not placed on a permanent foundation as required therein.
A.
Districts permitted. Two-family dwellings are permitted in all districts in accord with § 220-9, Schedule of District Regulations, of this chapter, and the standards of this § 220-40 shall apply, except in the case of the DR District, where the provisions of the DR Schedule of District regulations and § 220-30A shall apply.[1]
[1]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
B.
Lot size. The minimum lot size for a two-family dwelling in the RU shall be twice the minimum lot size required for a single-family dwelling as set forth on the Schedule of District Regulations of § 220-9. In all other districts the minimum lot size for a two-family dwelling shall be 1.5 times the minimum lot size required for a single-family dwelling as set forth on the Schedule of District Regulations.[2]
[2]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
C.
Parking. Off-street parking shall be provided in accord with this
chapter.
D.
Sewage disposal. Sewage disposal shall be provided in accord with
New York Department of Health and all other applicable sewage disposal
requirements for a two-family dwelling. In the case where the use
of an existing on-site sewage disposal system is proposed, the applicant
shall provide certification from a professional engineer of the adequacy
and compliance of said system.
Any conversion of any building to a residential use or the conversion of any dwelling to accommodate additional dwelling units shall, in addition to the other applicable standards in this chapter, comply with the standards in this § 220-41. See § 220-30A for the DR District.
A.
General requirements. The conversion of any building (existing at
the time of adoption of this provision of this chapter) into a dwelling
or the conversion of any dwelling (existing at the time of adoption
of this provision of this chapter) so as to accommodate an increased
number of dwelling units or families shall be permitted only within
a zoning district in which a new building for similar occupancy would
be permitted under this chapter and only when the resulting occupancy
will comply with the requirements governing new construction in such
district with respect to lot coverage, off-street parking, and other
applicable standards.
B.
Lot size.
(1)
Two-family dwellings. The parcel on which the principal structure
proposed for conversion is located shall not be less than the minimum
lot size required for a single-family dwelling as set forth on the
Schedule of District Regulations.[1]
[1]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
C.
Structural alterations. If the proposed project involves structural
alterations, the zoning application shall include a certification
of a registered architect or engineer that the existing building is
structurally sound and that the proposed conversion will not impair
its structural integrity.
D.
Sewage disposal. Sewage disposal shall be provided in accord with
New York Department of Health and all other applicable sewage disposal
requirements for the proposed number of units. In the case where the
use of an existing on-site sewage disposal system is proposed, the
applicant shall provide certification from a professional engineer
of the adequacy and compliance of said system.
This § 220-42 shall apply to any development which involves the ownership and maintenance of open land, recreation land or common facilities (referred to as "common area"), as required by this chapter and Chapter 186, Subdivision of Land.
A.
Purpose. The requirements of this § 220-42 are intended to assure the ownership, use and maintenance of common areas. The general principle shall be to assign ownership and maintenance responsibility to that entity which is best suited for the same and which will allocate any associated costs to the individuals which directly benefit from the use of the common area.
B.
Plan and legal documents. The developer shall submit a plan and proposed
legal documents for the purpose of dedicating the use, ownership and
maintenance of the approved common area. In the case of a PUD District,
the Plan shall address individual residential project density, overall
PUD density and nonresidential uses. The provisions of the approved
plan shall be incorporated into the approval of development projects
in the PUD.
C.
Use restriction. The use of any common area shall be limited to those uses which are specifically permitted or required by the applicable sections of this chapter and Chapter 186, Subdivision of Land.
D.
Development plan designations. The final development plan for any
project shall clearly show all common areas and specifically note
the use, ownership and maintenance responsibility of the same. Reference
to the legal document(s) governing the use, ownership and maintenance
of common areas shall be noted on the plan. The plan shall also contain
the following statement: "Open land, recreation land and common facilities
associated with residential development shall not be further subdivided
or developed, nor shall such land be used for density for any other
development." In the case where a plat will be filed to effect a subdivision
of land (e.g., cluster developments, condominiums), the development
plan shall be attached to and shall be filed as part of the plat in
the County Clerk's office.
E.
Methods for use dedication and common area ownership and maintenance. The developer shall document that the common area use rights established in accord with this § 220-42 will be preserved and the ongoing ownership and maintenance of all open land, recreation land, and common facilities is addressed. All methods for dedication of use and common area ownership and maintenance, and any combination of methods, and any change in method which may be proposed by the ownership and maintenance entity shall be subject to the approval of the Planning Board. Operation and maintenance provisions shall include, but not be limited to, capital budgeting for repair and/or replacement of common facilities, working capital, operating expenses, casualty and liability insurance, and contingencies.
