Town of Forestburgh, NY
Sullivan County
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Table of Contents
Table of Contents
It is the intent of this Article to permit the establishment of a zoning classification entitled "Planned Unit Development" (PUD) where the following objectives shall be sought:
A. 
Creation of a more desirable community environment that would be possible through a strict application of zoning regulations found elsewhere in this Zoning Ordinance.
B. 
Preservation and enhancement of community natural resources such as water bodies, wetlands, forest, significant topographic and geologic features and other outstanding areas of scenic and ecological value.
C. 
Efficient use of a site to facilitate adequate and economical construction and maintenance of street and drainage facilities, water supply and sewerage systems.
D. 
Innovation and variety in the type and design of residential development, providing a wide choice of living environment, occupancy tenure and housing costs.
E. 
Open space allocation and maintenance by private initiative as an integral part of residential development.
A. 
Location. A PUD District may be permitted in any area of the town.
B. 
Minimum site area. Each PUD District shall comprise at least 200 contiguous acres of land, not including lakes, ponds or other similar still water bodies.
C. 
Common open space. Not less than 50% of the gross area of the PUD District shall be devoted to common open space. Such land is to be owned or controlled jointly by all residential property owners within the PUD District or is to be used for recreational purposes and/or preserved in its natural state. The common open space shall include land having meaningful, ecological, aesthetic and recreational characteristics with topography, shape, dimensions, location, access and improvements suitable for its intended purpose. Dedication to an appropriate governmental body must be approved by that body and by the Planning Board of the Town of Forestburgh and the Town Board of the Town of Forestburgh.
[Amended 7-13-1978 by L.L. No. 5-1978]
D. 
Permitted uses.
(1) 
Residential. May be any type and includes related accessory uses as provided elsewhere in this chapter.
(2) 
Nonresidential. May be permitted, or required, where such uses are designed to serve, primarily, the residents of the PUD District.
E. 
Intensity of residential use. The maximum number of dwelling units permitted within a PUD District shall be calculated by multiplying the gross acreage of the district by 1.1. The gross acreage shall include the total of all nonpublic lands within the district, including the area of water bodies not greater than five acres and 1/2 the area of water bodies five acres or greater.
F. 
Other zoning regulations. With the exception of minimum lot areas, building heights, lot and yard requirements, the PUD District shall comply with all other provisions of this chapter.
G. 
Utilities. All uses situated in a PUD District shall be served by central water and sewer systems. All water, sewer and gas lines and all other lines providing power and communication service shall be installed underground in the manner prescribed by the appropriate state and local agency and/or utility company having jurisdiction.
H. 
Ownership. 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 multiple ownership, the approved plan shall be binding on all owners.
I. 
Organization. A PUD may be organized as a condominium, in accordance with state law, or by a homes association, as stipulated below:
(1) 
A homes association shall be established as an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner is automatically a member of the association as stated in the deed for each lot of the planned unit development.
(2) 
Title to all common property, exclusive of land set aside for public purposes, shall be placed in the name of the homes association.
(3) 
Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the homes association.
(4) 
Resubdivision of common areas is prohibited, and the deeds shall be so drawn.
(5) 
The homes association shall be perpetual, shall purchase insurance, pay taxes, specify in its charter and bylaw an annual homeowner's fee, provide for assessments and establish that all such charges become a lien on each property in favor of said association. The association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessments in any court of competent jurisdiction.
(6) 
The developer shall assume all responsibility for the homes association as previously outlined until a majority of the dwelling sites are sold or rented, at which time the homes association shall be automatically established.
Whenever any PUD District is proposed, before any permit for the erection of any structure in such PUD shall be granted and before any subdivision plan of any part thereof may be filed in the office of the County Clerk, the developer or his authorized agent shall apply for and secure approval of such development in accordance with the following procedures:
A. 
Procedure for applicant. In order to allow the Planning Board and the applicant to reach an understanding on basic design requirements prior to the preparation of a detailed design, the applicant shall submit a sketch plan of the proposed PUD to the Planning Board. Said sketch plan shall be drawn to scale, though it need not be to the precision of a finished engineering drawing; and it shall indicate the following information:
(1) 
The location and types of the various uses and their areas in acres.
(2) 
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 by dwelling unit, type and the calculation of the residential density in dwelling units per gross acre of site area.
(3) 
The general outlines of the interior roadway system and all existing public and private rights-of-way and easements.
(4) 
The location and area of the common open space.
(5) 
The overall drainage system.
(6) 
A location map showing uses and ownership of abutting lands.
(7) 
Provisions for sewers, water and other required utilities.
(8) 
In addition, the following documentation shall accompany the sketch plan:
(a) 
Evidence that the proposal is compatible with the goals of local and areawide plans, if any.
(b) 
How common open space is to be owned and maintained.
(c) 
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.
B. 
Procedure for Planning Board. The Planning Board shall review the sketch plan and related documents and shall render either a favorable report to the Town Board or an unfavorable report to the applicant.
(1) 
A favorable report shall include recommendations to the Town Board that a public hearing be held for the purposes of considering PUD districting. It shall be based on the following findings which shall be included as part of the report:
(a) 
The proposal meets the purposes and requirements of §§ 85-17 and 85-18.
(b) 
The proposal is conceptually sound in that it meets local and areawide needs, and the proposed roadway, pedestrian, open space and drainage systems can conform to accepted design standards.
(c) 
There are adequate service and utilities available or proposed to be made available for the development.
(2) 
An unfavorable report shall state clearly the reasons therefor and, if appropriate, advise the applicant what revisions are necessary to receive acceptance.
(3) 
The Chairman of the Planning Board shall certify when all the necessary application material has been presented, and the Planning Board shall submit its report to the Town Board within 45 days of such certification. If no report has been rendered after 45 days, the applicant may proceed as if a favorable report were given to the Town Board.
C. 
Procedure for Town Board.
(1) 
Upon receipt of a favorable report from the Planning Board, or upon its own determination subsequent to the failure of the Planning Board to file such report, the Town Board shall set a date for and conduct a public hearing for the purposes of considering PUD districting for the applicant's proposal in accordance with the procedures established by § 265 of the Town Law, said public hearing to be conducted within 45 days of the receipt of the favorable report of the Planning Board.
(2) 
The Town Board shall refer the applicant to the County Planning Board for its analysis and recommendations pursuant to the provisions of § 239-m of the General Municipal Law.
(3) 
Within 45 days after the public hearing, the Town Board shall render its decision on the application.
(4) 
If the Town Board approves the proposed PUD District, the Zoning Map of the town shall be so amended. The Town Board may attach to its approval resolution any additional conditions it believes to be appropriate to the development of the site. Such conditions may include, but are not limited to, the land use mix, project screening, vehicular and pedestrian circulation systems and sites needed for public services and historic preservation.
A. 
Procedure for applicant. Application for preliminary site plan approval shall be made to the Planning Board and shall provide the following data:
(1) 
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.
(2) 
A topographic map showing contour intervals of not more than five feet of elevation and indicating significant geologic and vegetative features of the site proposed for the PUD.
(3) 
A preliminary site development plan showing:
(a) 
Title of drawing with name and address of the applicant and person or firm that prepared such drawing.
(b) 
North point, scale and date.
(c) 
The location, proposed uses and height of all buildings; locations of all parking and truck loading areas, with egress thereto; location and proposed development of all open spaces; location of all existing or proposed site improvements; description and location of water supply, sewer system and storm drainage system; location of all signs and designs of lighting facilities; and the extent of building area proposed for nonresidential uses, if any.
(d) 
The location of existing watercourses and wetlands.
(e) 
The location of municipal and school district boundaries.
B. 
Procedure for Planning Board.
(1) 
Within 45 days of the receipt of a completed application for preliminary approval, the Planning Board shall review and act on such submission, if no decision is made within 45 days, the preliminary site plan shall be considered approved.
(2) 
Preliminary approval of 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 site plan. Such recommendations shall not significantly alter the sketch site plan as approved in the PUD District zoning proceedings conducted by the Town Board.
(3) 
If the preliminary site 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 site plan.
(4) 
In its review, the Planning Board shall consult with the Town Engineer, Building Inspector, Planner, County Planning Commission and all other county, state and federal agencies having jurisdiction for concerns relevant to the preliminary application.
(5) 
Review of the preliminary application by the Planning Board shall include the following considerations:
(a) 
Relationship of the various land uses to each other.
(b) 
The location and adequacy of the common open space and all other recreational facilities to be provided.
(c) 
Location, size and design of all buildings, structures, lighting and signs.
(d) 
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(e) 
Adequacy and arrangement of the proposed pedestrian and vehicular circulation systems.
(f) 
Location, arrangement, appearance and sufficiency of off-street parking and loading areas.
(g) 
Adequacy of water supply, sanitary sewage and storm drainage facilities.
(h) 
Conformance with the specific charges of the Town Board which may have been stated in the PUD District zoning regulations.
A. 
Procedure for applicant.
(1) 
After the Planning Board approves the preliminary site plan and after the applicant receives all other required approvals from county and state agencies, the applicant may prepare the final site plan and submit it to the Planning Board for final approval.
(2) 
Where more than 12 months have elapsed between the date of preliminary approval and the time of submission of the final site plan and where the Planning Board finds that conditions affecting the site plan have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan.
(3) 
The final site plan shall conform substantially to the preliminary site 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.
(4) 
Where a PUD is to be developed in stages, the application for final approval shall include only that section of the approved preliminary site plan proposed for immediate construction as the first stage.
B. 
Procedure for Planning Board.
(1) 
Within 45 days of the receipt of a completed application for final site plan approval, the Planning Board shall review and act on such submission and so notify the Town Board. If no decision is made within 45 days, the final site plan shall be considered approved.
(2) 
Upon approving an application, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Building Inspector who may then issue a building permit to the application if the project conforms to all other applicable requirements of the town.
(3) 
If the applicant is disapproved, the Planning Board shall notify the applicant and Town Board of its decision, in writing, and its reasons for disapproval.
(4) 
Final site plan approval shall constitute final plan approval under the Town Subdivision Regulations[1] and the provisions of § 276 of the Town Law.
[1]
Editor's Note: See Ch. 75, Subdivision Regulations.
(5) 
No building permits shall be issued for construction within a PUD District until all required improvements are installed or a performance bond posted in accordance with the procedures provided by the Town Subdivision Regulations and § 277 of the Town Law.