The Town of Geneva hereby finds and determines that:
A.
When coordinated with the Town's Comprehensive Plan, planned unit
development can be an effective tool for guiding development in ways
that support community goals and priorities.
B.
Planned unit development provides a means by which different land
uses within an area covered by a single development plan may be combined
to achieve compatibility among such uses. Unattainable with traditional
municipal zoning techniques, planned unit development provides flexibility
in the regulation of land use development in order to encourage innovation
in land use variety and design in the layout and type of new structures
and in their integration with existing structures; enhances efficiency
in the use of land, natural resources, energy, community services
and utilities; encourages open space preservation and protection of
natural resources, historic sites and structures; facilitates the
provision of housing and improved residential environments; and enhances
the ability of municipalities to promote businesses and employment
opportunities.
C.
It is the intent of the Town of Geneva that, by allowing the creation
of one or more PUD Districts in the Town of Geneva, it will be possible
to provide flexible land use and design regulations through the use
of performance criteria so that small-to-large-scale neighborhoods
or portions thereof may be developed within the Town that incorporate
a variety of development types, including mixed-use development, together
with their accessory or associated uses, and contain both individual
building sites and common property which are planned and developed
as a unit. Where planned unit development is deemed appropriate through
the rezoning of land to a PUD district by the Town Board, the set
of use and dimensional specifications elsewhere in this chapter are
herein replaced by an approval process in which an approved plan becomes
the basis for continuing land use controls.
The PUD district shall be applicable to any zoned area of the
Town of Geneva where the applicant is able to demonstrate that the
characteristics of the development will satisfy the purpose and intent
of this chapter. Where, upon the sole discretion of the Town Board,
a PUD district is deemed appropriate, the rezoning of land to a PUD
district will replace all uses and dimensional specifications contained
elsewhere in this chapter. No real property within the Town of Geneva
shall be subject to the PUD district requirements or privileges unless
and until the property shall have been designated as a PUD district
by act of the Town Board as set forth in this chapter.
A.
No PUD district shall be established having an area of less than
five contiguous acres.
B.
Not less than 35% of the total area included within the PUD district shall be set aside for open space as is defined in § 165-3. In general, open space shall achieve the following goals:
(1)
Protect and preserve floodplains, wetlands, steep slopes (having
a grade of more than 25%), watercourses, and natural drainage ways.
(2)
Protect any historic, archaeological or cultural resources listed
on the national, state, county or local historical registers.
(3)
Protect any mature woodlands, geological features, meadows or ecologically
sensitive areas for wildlife habitat.
(4)
Provide an upland buffer area adjacent to any streams, wetlands or
surface water to protect native species vegetation.
(5)
Provide for landscaped common areas, traffic islands, and other common
space, excluding streets and driveways.
C.
Open space intended for recreational or other use or uses by the
owner or owners within the PUD district shall be so located so as
to be accessible to pedestrians.
D.
The suitability of open space for recreational or other use or uses
shall be determined by the Town and Planning Boards.
E.
Disposition requirements.
(1)
Ownership of the land and improvements included within a PUD district
may be held either individually or as an entity. If ownership is held
by a single individual owner or entity, such owner shall permit all
residents of the land and improvements, and their invitees, to use
the open space. If ownership is held by more than one individual or
entity, then each such owner and his, her or its invitees shall have
an interest in the open space in common with the other owners. Provision
shall be made for the maintenance and upkeep of the open space, together
with the means of providing for the costs of such maintenance and
upkeep. The precise means of accomplishing the foregoing shall be
proposed by the applicant at the time it applies for the creation
of a PUD district and shall be approved by the Town and Planning Boards.
(2)
The resubdivision and/or development of any open space approved by
the Town and Planning Boards is to be discouraged but not prohibited.
If permitted, such resubdivision and/or development of any open space
shall be subject to all of the applicable rules and regulations of
the Town of Geneva.
Any use not explicitly prohibited within the Town of Geneva
shall be permitted in a PUD district as well as any other use approved
by the Town and Planning Boards consistent with the purpose and intent
of this chapter and the adopted Comprehensive Plan for the Town.
A.
The requirements and standards for development in a PUD district
shall be specifically determined for each individual project. The
area, setback, population and building density, and height requirements
shall be proposed by the applicant and shall be subject to the approval
of the Town and Planning Boards consistent with the Site Plan Review
Law of the Town of Geneva.[1] Following the approval of a PUD district, the accepted
requirements and standards shall regulate the PUD district. At a minimum,
the application for the creation of a PUD district shall include:
(1)
A statement of purpose statement that includes how the proposed development
meets the legislative purpose and intent of this chapter as well as
the Town's Comprehensive Plan;
(2)
Proposed use or uses;
(3)
Lot, area and yard dimensions;
(4)
Population and building densities, together with floor area ratios;
(5)
Building and architectural characteristics;
(6)
Maximization of open space and recreational areas;
(7)
Parking;
(8)
Internal traffic circulation and external traffic impact;
(9)
Effect of the proposed development within the PUD district on adjacent
properties, including property values;
(10)
Effect of the proposed development on local taxation;
(11)
Conceptual stormwater management;
(12)
All additional requirements and data that may be required by
the Planning Board.
B.
PUD districts shall be served adequately by and shall not impose
an unreasonable burden upon essential public facilities and services,
such as but not limited to highways, streets, traffic control signals
and devices, parking spaces, police and fire protection, drainage
structures, refuse disposal, water and sewer and schools. Where any
such facility or service is not available or adequate to service the
PUD district, the applicant shall be responsible for establishing
its ability, willingness and binding commitment satisfactory to the
Town Board and Planning Board to provide such facilities and services.
C.
All covenants, easements, and restrictions with respect to the PUD
district may be recorded in the office of the Ontario County Clerk.
They may not be modified, removed, or released without the express
consent of the Town Board. When created, such covenants, easements
and restrictions shall make provision for their enforcement by the
Town of Geneva.
A.
For a preliminary development plan, reference shall be made to the
existing land use ordinances and regulations of the Town of Geneva.
Each such plan shall be referred to the Ontario County Planning Department,
Geneva Town Water and Sewer Department, Town Engineer, local fire
districts, local school district, and other agencies deemed necessary
or advisable under §§ 239-l and 239-m of the General
Municipal Law.
B.
For a final development plan, reference shall be made to the existing
land use ordinances and regulations of the Town of Geneva.
A.
The Zoning Map of the Town of Geneva may be amended from time to
time by ordinance duly enacted by the Town Board to provide for PUD
districts; provided, however, that no such amendment shall be enacted
except in accordance with procedures herein established and applicable
standards and regulations established by the Geneva Town Code.
B.
General overview of procedure. The following outlines the procedure
required to obtain approval for a PUD district in the Town of Geneva:
(1)
Upon the receipt of an application and preliminary plan for the establishment
of a PUD district, the Town Board shall review the application and
preliminary plan in consultation with the Planning Board.
(2)
Within 90 days of receiving the application, and prior to acting
on a zoning amendment to create a PUD district, the Town Board shall
hold one or more public hearings on such proposed preliminary plan
and amendment. Notice of the public hearing shall be published in
a newspaper of general circulation at least 10 calendar days in advance
of the hearing. The proposed zoning amendment and preliminary plan
shall be made available for public review at the office of the Town
Clerk and may be made available at any other public place.
(3)
At least 30 days before the public hearing on the application and
proposed amendment to the Zoning Ordinance to create a PUD district,
the Town Board shall mail notices thereof to the applicant and to
the Ontario County Planning Board as required by § 239-m
of the General Municipal Law, which notice shall be accompanied by
a full statement of such proposed action, as defined in § 239-m,
Subdivision 1, of the General Municipal Law.
(4)
Within 120 days of receiving the application and after holding public
hearings, the Town Board shall act to approve, approve with modifications
and/or conditions, or deny the application and, if approved, amend
the Zoning Ordinance to establish and map a PUD district. Upon taking
such action, the Town Board shall advise the applicant, the Planning
Board, and the Ontario County Planning Board in writing of its determination
within five business days after such action is taken and place a copy
of such letter on file in the office of the Town Clerk.
(5)
A final planned unit development plan shall be submitted by the applicant
to the Planning Board for review and approval, or approval with modifications
and/or conditions. Review of the final planned unit development plan
by the Planning Board shall take into consideration the preceding
action of the Town Board on the preliminary planned unit development
plan.
(6)
The Town Board's determination on the final planned unit development
plan shall be filed in the office of the Town Clerk within five business
days after such decision is rendered and a copy thereof mailed to
the applicant.
A.
During the development of an approved PUD, the Planning Board may
authorize minor adjustments to the final development plan when such
adjustments appear necessary or proper in light of technical or engineering
considerations first discovered during actual development. Examples
of such minor adjustments are altering:
B.
In addition to the adjustments authorized by the Planning Board,
an approved final development plan may be amended or varied by submitting
a new site plan to the Planning Board. The process for final development
plan approval shall be followed for all amendments. If the amendments
exceed the thresholds established by the Planning Board, the preliminary
development plan approval process shall be followed.
C.
Changes to an approved PUD district which are considered to be significant
shall be grounds for the revocation of the PUD district by the Town
Board. Examples of significant changes are:
(1)
Any change which will require additional roads or utilities or will
cause a significant increase in the required number of parking spaces;
(2)
Any reduction of the amount of open space to less than 35% of the
total area included within the PUD District;
(3)
Any other significant reduction in open space included within the
PUD District;
(4)
Any change in use included in the PUD District; and
(5)
Any significant increase in residential density or in change in housing
type.
A.
Within one year after the approval of a final development plan, or
at such other time as may be established by the Town Board, construction
of the improvements within the PUD district shall commence.
B.
The failure to commence construction within the required period of
time shall, unless an extension shall have been granted by the Town
Board, automatically render void the final development plan approval
and all permits based on such approvals.
If the real property located within a PUD district is, at the
time the planned unit development is approved, or later becomes exempt
from the payment of real property taxes, then the owner or owners
thereof shall be required to enter into a payment in lieu of taxes
agreement (PILOT agreement) upon such terms and conditions as the
Town Board may determine. The PILOT agreement shall take into account
all real property taxes that would be paid if there were no exemption
from such payment.
If the Town's Code Enforcement Officer finds that development
of the improvements in a PUD district is not proceeding in accordance
with the approved schedule, or that it fails in any other respect
to comply with the final development plan as finally approved, he/she
shall immediately notify the Town Board of such fact and issue an
order stopping any or all work within the district until such time
as any noncompliance is cured.
