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.
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.
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.