A.
Intent. As described in § 7-703-a of the Village Law, the
Planned Unit Development District (PUDD) procedure provides a flexible
land use and design regulation through the use of performance criteria
so that development may be matched to the unique characteristics of
the site. Furthermore, in a PUDD, innovative development techniques
may be accommodated that might not otherwise be possible through strict
application of standard land use and subdivision requirements. The
PUDD serves as a floating zoning district applicable to any area within
the Village. The conventional use, dimensional and density standards
set forth in Schedules 1 and 2 of this code are replaced by standards
in an approved PUDD, which then become the standards established by
the Board of Trustees for detailed design, review and control and
subsequent development.
B.
Objective. In order to carry out the intent of this chapter, a PUDD
shall achieve a development pattern in harmony with the Village's
established community planning goals and this code.
C.
Applicability. This chapter shall provide the procedure and standards
for review and approval of any PUDD application previously submitted
to the Village Board as well as any PUDD application submitted to
the Village Board after the effective date of this chapter.
A.
An applicant for a PUDD may seek preapplication, nonbinding guidance with respect to a proposed PUDD at a conceptual level pursuant to § 106-52 of this chapter.
The legislative determination by the Board of Trustees to establish
a PUDD shall be based upon the following standards:
A.
Location. A PUDD may be established at any location within the Village.
B.
PUDD size. The proposed site for a PUDD shall include a minimum of
three contiguous acres of land within the Village, provided that the
proposed site for a PUDD for any PUDD application submitted to the
Village prior to the effective date of this chapter shall include
a minimum of three acres.
C.
Property control. The proposed site for a PUDD must be owned, leased
or otherwise legally controlled by the applicant or applicants for
the PUDD.
D.
Stormwater control. The amount of area covered by building or impervious
area shall comply with the standards of the district in place on the
date that the PUDD application is received by the Director.
E.
Building design. The building design shall take into consideration
factors including, but not limited to:
(1)
The layout and design of buildings to provide for convenient access
to and from adjacent uses and neighborhoods;
(2)
Individual buildings shall generally be related to each other in
design, masses, elevations, materials, elevation, placement and connections,
to provide a visually and physically integrated development;
(3)
The design of buildings and the parking facilities to take advantage
of the topography of the site, where appropriate, to provide separate
levels of access;
(4)
The orientation of buildings, where possible, to ensure adequate
solar orientation for maximization of passive and active solar energy
options, light and air exposure to the rooms within and to adjacent
properties;
(5)
The arrangement of buildings so as to avoid undue exposure to concentrated
loading or parking facilities wherever possible and shall be so oriented
as to preserve visual and audible privacy between adjacent buildings;
and
(6)
All buildings shall be arranged so as to be accessible to emergency
vehicles.
F.
Open space. There shall be open space provided in the PUDD that is
appropriate for the location and unique characteristics of the proposed
site.
(1)
The location, shape, size and character of the open space must be
suitable and appropriate to the scale and character of the PUDD, considering
its size, density, expected population, topography, and the number
and types of buildings and uses to be provided;
(3)
Open space shall be suitable for its intended use.
(4)
Open space shall be exclusive of any land area used primarily for
vehicular modes of transportation, including parking areas, garages,
carports, docks and other features.
(5)
The ownership of such open space may be either public or private
but shall be secured in perpetuity by appropriate legal mechanisms
that also ensure its maintenance.
G.
Circulation system design:
(1)
There shall be an adequate, safe and convenient arrangement of pedestrian
circulation facilities, roadways, driveways and off-street parking
and loading spaces;
(2)
Roads, pedestrian walks and open spaces shall be designed as an integral
part of an overall site design and shall be properly related to existing
and proposed buildings and appropriately landscaped; and
(3)
The design shall consider and to the extent practicable incorporate
pedestrian, bicycle and trail improvements as described in the Village
2012 Bicycle, Pedetrian and Trail Master Plan. The application for
PUDD shall include an analyisis of pertinent sections of the referenced
Master Plan and how the proposed PUDD design incorporates any applicable
site-specific bicycle, pedestrian or trail improvements and overall
accommodations as specified in the Master Plan.
H.
Impacts. The PUDD will improve the appearance and function of the
proposed site while satisfactorily mitigating adverse impacts associated
with the PUDD.
I.
Community benefits. The PUDD has the potential to provide substantial
economic, social, environmental, open space and other benefits to
the Village.
J.
Community goals. The PUDD will advance established community planning
goals.
K.
Community interest. The PUDD is in the overall best interests of
the Village, including the neighborhoods immediately surrounding the
PUDD.
A.
An applicant for a proposed PUDD may request preliminary consultations
and an informal assessment of the proposed PUDD by the Director. General
information about the proposed site and a description of the proposed
PUDD should be provided to the Director.
B.
An applicant for a proposed PUDD may request preapplication conceptual
review by the Board of Trustees. A request for preapplication conceptual
review shall be submitted in writing to the Director and should include:
(1)
A narrative description of the proposed site in its current state.
Such a description shall include but not be limited to:
(a)
A general description of the location of the site within the
Village;
(b)
A general description of the neighborhood context in which the
site is located;
(c)
A description of the land uses and land use density present
on the site and on those parcels immediately adjoining the site;
(d)
A description of the current zoning on site and on those parcels
immediately adjoining the site;
(e)
A description of natural environs, including their condition,
on the site and on those parcels immediately adjoining the site. Photographs
are encouraged; and
(f)
A description of the man-made features [buildings, structures,
infrastructure (roads, water, sewer, telecommunications, etc.)] on
the site, including a description of their condition. Photographs
are encouraged.
(2)
An existing conditions plan at a scale of one inch equals 50 feet
illustrating the existing conditions, including the location of buildings,
structures, infrastructure, natural features and overall characteristics
of the proposed site. The plan should extend 500 feet beyond the boundary
of the proposed site. A current aerial photograph with land uses and
natural features identified is acceptable;
(3)
A concept plan at a scale of one inch equals 50 feet illustrating
how development could be accommodated on the proposed site if the
standards of the current zoning district were complied with;
(4)
A concept plan at a scale of one inch equals 50 feet illustrating
the design and layout of the proposed PUDD; and
(5)
A brief narrative or tabular accounting of how the plans specified in Subsection B(2), (3) and (4) compare in terms of impacts to the proposed site and the adjoining neighborhoods. Impacts that may be compared include but are not limited to:
(a)
Traffic;
(b)
Types of land use;
(c)
Density of building coverage;
(d)
Stormwater runoff volume and rate, pre- and post-development;
(e)
Vegetative cover, retained and planted;
(f)
Amount of pervious and impervious surface area, pre- and post-development;
(g)
Building architecture, pre- and post-development;
(h)
Preservation of natural features on the site, pre- and post-development;
(i)
Creation/enhancement of pedestrian, bicycle and trail infrastructure.
Recommendations of the Village 2012 Bicycle, Pedetrian and Trail Master
Plan shall be considered and specifically accounted for;
(j)
Expansion of recreational opportunities; and
(k)
Protection of open space.
C.
Once the Director determines that sufficient information has been
provided by the applicant, he shall refer the request for preapplication
conceptual review to the Board of Trustees.
E.
After the joint work session with the Development Board and any opportunity for public comment it determines to be appropriate, the Board of Trustees shall provide written recommendations to the applicant on its request for preapplication conceptual review, taking into account the standards for PUDD approval in § 106-51, the Development Board's input and any public comment received.
F.
The amount and value of guidance which can be expected in the preapplication
process is dependent on the quality of the information provided. In
this respect, such information (including access to the site of the
proposed PUDD) will be critical to that guidance and, thus, should
be provided as soon as reasonably practical by the applicant.
G.
Plans and information provided by the applicant shall not be binding
upon the applicant; nor shall guidance or recommendations by the Development
Board or Director, or comments by the Board of Trustees, be binding
upon the Director, Development Board, or Board of Trustees with respect
to any subsequent application for a proposed PUDD.
A.
An application for establishment of a PUDD shall be made in writing to the Board of Trustees and shall be accompanied by the applicable fee. The application shall also be accompanied by a full environmental assessment form or draft environmental impact statement as required by SEQR, or other documentation establishing that the proposed PUDD is a Type II action pursuant to 6 NYCRR Part 617. The Board of Trustees shall refer the application to the Director, who shall provide it to the Development Board after determining that it is a complete application for purposes of review. A complete application shall include, as the Director determines applicable, the information specified in § 106-53B through F. Additional information may also be required by the Director for a complete application.
C.
General requirements:
(1)
A general description of the location of the site within the Village;
(2)
A general description of the neighborhood context in which the site
is located;
(3)
A description of the land uses and land use density present on the
site and on those parcels immediately adjoining the site;
(4)
A description of the current zoning on site and on those parcels
immediately adjoining the site;
(5)
A description of natural environs, including their condition, on
the site and on those parcels immediately adjoining the site. Photographs
are encouraged;
(6)
A description of the man-made features [buildings, structures and
infrastructure (roads, water, sewer, telecommunications, etc.)] on
the site, including a description of their condition. Photographs
are encouraged;
(7)
The desirability of the proposed land use in the proposed location;
(8)
The existing character of the neighborhood;
(9)
Existing state, county, or Village highways that provide access to
the site;
(10)
Compatibility with established community planning goals;
(11)
Phasing program if phases are proposed or if the proposed land
uses will require more than 24 months to be completed;
(12)
Permitted uses, condition and accessory uses;
(13)
Maximum development intensity of proposed uses;
(14)
A proposed amendment to this code, including, at a minimum,
a metes and bounds description of the property included in the PUDD
application and the standards for development; and
(15)
A brief narrative or tabular accounting of how the proposed
PUDD compares in terms of impacts to the proposed site and the adjoining
neighborhoods. Impacts that may be compared include but are not limited
to:
(a)
Traffic;
(b)
Types of land use;
(c)
Density of building coverage;
(d)
Stormwater runoff volume and rate, pre- and post-development;
(e)
Vegetative cover, retained and planted;
(f)
Amount of pervious and impervious surface area, pre- and post-development;
(g)
Building architecture, pre- and post-development;
(h)
Preservation of natural features on the site, pre- and post-development;
(i)
Creation/enhancement of pedestrian and bicycle infrastructure;
(j)
Expansion of recreational opportunities: and
(k)
Protection of open space.
D.
Site plan/circulation:
(1)
Access, circulation, parking, and transportation management;
(2)
Proposed location, type and size of signs and driveways;
(3)
Vehicular traffic circulation features, including proposed highways
and roadways within the PUDD;
(4)
Accommodation of multi-modal transportation (bikes, pedestrians,
trails) to, from, and through the district. The application shall
include a description of an analysis of the Village 2012 Bicycle,
Pedetrian and Trail Master Plan and how the PUDD design specifically
provides for overall or site specific improvements as called for in
the referenced Master Plan;
(5)
The number, size and location of automobile parking areas and loading
areas and the proposed access to such areas.
E.
Site plan/structures:
(1)
The general location of principal and accessory buildings in relation
to one another and to other structures in the vicinity;
(2)
The conceptual footprint, height and bulk of buildings and the intended
use for such buildings;
(3)
Floor area ratio for nonresidential uses;
(4)
Lot coverage;
(5)
Build-to distances from public and private ways;
(6)
Setbacks for structures and parking areas;
(7)
Minimum lot size;
(8)
Minimum lot frontages and building massing;
(9)
Preservation of historic structures;
(10)
Design standards and guidelines; and
(11)
Other site plan improvements.
F.
Site plan/landscaping:
G.
Site plan/engineering and environmental:
(1)
Infrastructure improvement preliminary plans, including water supply
source and delivery, drainage, and energy;
(2)
The general plan for the collection and disposal of sanitary wastes
for the PUDD;
(3)
The proposed safeguards to be provided to minimize possible detrimental
effects of the proposed use on adjacent properties, the surrounding
neighborhood, and the environment in general (i.e., stormwater); and
H.
Development Board action.
(1)
After the application is determined by the Director to be complete for purposes of review, the Development Board may request from the applicant such additional information and/or recommend such modifications to the application as it deems necessary to determine whether the proposed PUDD will comply with the standards for approval of a PUDD set forth in § 106-51. The Development Board may also seek public comment on the PUDD application.
(2)
Within 60 days of the date that of receipt of an application determined by the Director to be complete for purposes of review, the Development Board shall submit written findings to the Board of Trustees regarding whether the application complies with the standards for approval of a PUDD set forth in § 106-51, and shall recommend approval, approval with modifications and/or conditions, or disapproval of such PUDD application to the Board of Trustees. The findings from the Development Board shall also include specific recommendations as to the elements of the proposed PUDD site plan, if any, that require detailed review and consideration. This time frame may be extended upon mutual written agreement between the Development Board and the applicant.
(3)
A recommendation by the Development Board of approval of the proposed
PUDD application shall not constitute nor imply approval of a building
project for the area included in the application, nor shall it constitute
or imply a permit for said project.
I.
Village Board action.
(1)
Upon receipt of the Development Board's written findings and recommendation pursuant to Subsection H(2) of this section, or upon failure of the Development Board to act within the prescribed time period, the Village Board shall conduct a public hearing on the proposed PUDD application.
(2)
The findings and recommendation from the Development Board as required by Subsection H(2) of this section shall be entered into the official record of the public hearing and considered by the Board of Trustees prior to the closing of the hearing.
(3)
After considering the Development Board's findings and recommendations
and comments received during the public hearing, the Board of Trustees
may approve, approve with modifications and/or conditions, or disapprove
a PUDD application.
(4)
Any decision by the Board of Trustees to approve or approve with modifications and/or conditions a PUDD application shall be supported by a written summary of findings that demonstrate that the proposed PUDD meets the standards for approval of a PUDD set forth in § 106-51.
(5)
A decision by the Board of Trustees to disapprove a PUDD application shall be supported by a written summary of findings that the proposed PUDD fails to meet the standards for approval of a PUDD set forth in § 106-51.
(6)
Any decision by the Board of Trustees on a PUDD application that is contrary to the recommendation of the Development Board pursuant to Subsection H(2) of this section shall require an affirmative vote of four members of the Board of Trustees. Otherwise, any decision shall require a majority of the Board of Trustees.
A.
The Board of Trustee's approval of a PUDD shall constitute an amendment
of the Zoning Map and shall be made a part thereof.
B.
Any conditions that may have been specified by the Board of Trustees in a PUDD approval decision pursuant to § 106-53I shall be enforceable pursuant to this code.
C.
After approval of a PUDD pursuant to § 109-53I(3), all
development shall be subject to subdivision, site plan or special
use permit review under this code, as applicable.
A.
The lands comprising a PUDD shall revert to their prior zoning designation
if the PUDD is not substantially commenced within such period and
according to such criteria as the Board of Trustees may determine
in its PUDD approval decision. The Board of Trustees shall determine
whether a PUDD has been substantially commenced upon a request submitted
within the applicable time period and may grant an extension of the
time period for good cause shown.
B.
The lands comprising a PUDD shall revert to their prior zoning designation
if any conditions of the PUDD approval decision are not fulfilled.
The Board of Trustees shall determine whether or not such conditions
have been fulfilled, on its own initiative or upon a request submitted
within any applicable time period, and may grant such relief or extension
as it determines appropriate.
