A Planned Unit Development (PUD) is intended to provide for
a variety of land uses planned and developed in a manner which will
provide community designs that preserve critical environmental resources,
provide open space amenities, incorporate creative design in the layout
of buildings, green space and circulation of vehicles and pedestrians;
assure compatibility with surrounding land uses and neighborhood character;
and provide efficiency in the layout of highways, utilities, and other
municipal facilities.
A PUD District is a new zoning district that replaces part or
all of an existing zoning district or districts. The development standards
and land uses in an approved development plan shall be the zoning
regulations, standards, and land uses in the PUD District. Upon approval
of a development plan as herein provided, the Town of Dryden Zoning
Map shall be revised to identify the area covered by each PUD District.
An application for a PUD District shall consist of a PUD concept
plan and PUD development plan. A PUD Zoning District is established
at the same time a PUD development plan is approved by the Town Board.
This following procedure shall apply to the creation of a PUD District:
A. Preapplication conference. Prior to submitting a PUD concept plan
application, the applicant shall meet with the Planning Department
to review the zoning regulations of the project area, review the procedure
and discuss the proposed use and development of the project area.
The applicant shall not be required to present any written or graphic
materials at the preapplication conference, but a sketch plan is encouraged.
The Planning Department shall furnish the application forms required
for the concept plan and development plan approvals. The application
forms shall require such information and submittals as may reasonably
be required by this chapter and the Planning Department and shall
be approved by the Town Board.
B. Concept plan. A PUD concept plan and application for approval shall be submitted in accordance with the requirements of this Subsection
B. The concept plan shall include:
(1)
A list of the uses for which PUD approval is requested and whether
they are permitted uses or accessory uses in this chapter and the
section of this chapter under which they are permitted.
(2)
Evidence of ownership or control of the PUD project area.
(3)
An accurate map of the project area including the relationship
of the project area to the surrounding area, existing topography and
key geographic, environmental and existing development features.
(4)
A written outline for the development plan and visual representations
of the development concept. The outline of the development plan and
visual representations shall include the following:
(a)
The planning objectives and the character of the proposed development
and the approximate phases in which the development will be built;
(b)
A statement as to why the proposed development could not be
considered outside of a PUD;
(c)
The approximate location and type of existing nearby developed
areas, such as neighborhoods, villages and hamlet centers;
(d)
The number and type of dwelling units proposed, including the
proposed density and the approximate location, arrangement, use and
size of any nonresidential structures and all parking facilities;
(e)
The approximate proposed traffic and pedestrian circulation
plan, including public highways, pedestrian and bike paths, and trails;
(f)
The approximate location of any proposed open space and any
proposed community and municipal facilities, and any floodplain, wetlands
or other areas designated for preservation as open space;
(g)
A statement describing how the development plan and proposed
PUD will comply with the Town's Comprehensive Plan, and further the
goals described in the Comprehensive Plan;
(h)
A statement or visual representation of how the development
plan and PUD will relate to and be compatible with adjacent and existing
neighborhoods;
(i)
Such other additional information as the Planning Department
shall reasonably require in order to determine compliance with the
requirements for a concept plan;
(j)
A Full Environmental Assessment Form (EAF);
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(k)
For projects proposing a greater density than otherwise permitted in the Zoning Law, a proposed amenity package consistent with the size and scope of the project including, but not limited to, the amenities described in §
270-8.2E(2).
(l)
For projects in Varna, a statement of how the proposed PUD is
consistent with the Hamlet of Varna Community Development Plan.
C. Procedure; approval and effect of approval of concept plan.
(1)
After the Planning Department determines that a concept plan
is complete, it shall forward it to the Town Board for its initial
review. The Town Board shall, within 60 days of receipt of the concept
plan, by resolution, either reject the concept plan, refer the concept
plan back to applicant with requested changes, modifications or clarification,
or refer the concept plan to the Planning Board for its review and
recommendations concerning the approval by the Town Board of the concept
plan.
(2)
Once referred to the Planning Board, the Planning Board shall
hold a public hearing on the concept plan prior to making its recommendation
to the Town Board.
(3)
The Planning Board shall, within 60 days of its receipt of a
concept plan, by resolution, make a written recommendation to the
Town Board that the concept plan be approved as submitted, approved
with modifications, changes or conditions; or rejected. Any such modifications,
changes or conditions, and reasons for rejection shall be detailed
in the recommendation. If the recommendation is to approve as submitted
or to approve with modifications, changes or conditions, the recommendation
shall also contain the Planning Board's comments on the full EAF.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Following the receipt of the recommendation of the Planning
Board, the Town Board shall, within 60 days of such receipt of the
recommendation of the Planning Board, determine by resolution whether
or not to approve the concept plan and authorize the applicant to
prepare and submit a development plan. The Town Board may reject the
concept plan, approve the concept plan with modifications, changes
or conditions, or approve the concept plan as presented. The approval
of a concept plan with modifications, changes or conditions or as
presented shall constitute an authorization for the applicant to prepare
and submit a development plan as herein provided. No development plan
may be submitted without such Town Board authorization.
(5)
Prior to the approval of a concept plan, the Town Board shall
comply with SEQR.
(6)
A PUD district is not approved until the development plan has been approved by the Town Board following a public hearing as provided in Subsection
E below.
(7)
All public hearings by the Planning Board and the Town Board
shall be subject to the procedural and notice requirements of Town
Law §§ 264 and 265. Since the approval of a development
plan results in a new zoning district, the decision to approve a concept
plan and development plan is a legislative action.
D. Procedure; approval and effect of approval of development plan. An applicant shall submit a development plan for the PUD within 270 days of approval of the concept plan by the Town Board. The development plan shall be submitted in accordance with requirements set forth in this Subsection
D.
(1)
Written documents.
(a)
If the development is to be built in phases, a development schedule
indicating:
[1] The approximate date when construction of the project
can expect to begin;
[2] The stages in which the project will be built and
the approximate date when construction of each stage can be expected
to begin;
[3] Approximate date when the development of each stage
will be completed;
[4] The area and location of open space, community
and municipal facilities, and preserved floodplains, wetlands, and
other areas that will be provided at each stage.
(b)
Proposed instruments, including but not limited to development
agreements, contracts, covenants, deed restrictions, easements and
offers of dedication for public highways and municipal facilities
and for the preservation and management of open space, floodplains,
wetlands, and other areas.
(2)
Development plan and graphics with supporting maps:
(a)
Existing project area conditions including contours at five-foot
intervals;
(c)
The location and size of floodplains, wetlands, and other areas,
for which preservation measures will be adopted, and the location
and size of any other areas to be conveyed, dedicated, or reserved
for open spaces, public parks, recreation, schools, and similar public
and semipublic uses;
(d)
The location, types, and density or intensity of each proposed
use;
(e)
The floor area and height of all dwelling units and nonresidential
structures and architectural drawings and sketches that illustrate
the design and character of proposed structures.
(3)
Impact on municipal facilities. In its resolution authorizing
the filing of a development plan, the Town Board may require such
studies, reports or opinions, including an engineering study or report
addressing the ability of the capacity of existing or proposed highways
and other municipal facilities to serve the PUD including, but not
limited to, a traffic impact study or other infrastructure capacity
study. Such studies, reports or opinions required by the Town Board
shall accompany the development plan in order to determine whether
the development plan and the project will comply with the approved
concept plan, the requirements of this chapter, and other applicable
statutes, rules, regulations and ordinances, and whether the capacity
of the existing or proposed highways and other municipal facilities
are sufficient to serve the PUD.
(4)
When the Planning Department determines that the development
plan is complete for review, it shall forward the development plan
to the Planning Board for its review and recommendation. The Planning
Board shall, within 60 days of its receipt of a development plan,
by resolution, make a written recommendation to the Town Board that
the development plan be approved as submitted, approved with modifications,
changes or conditions, or rejected. Any modifications, changes or
conditions, and reasons for rejection shall be detailed in the recommendation.
E. Public hearing and decision.
(1)
The Town Board shall, within 60 days of the receipt of the recommendation
of the Planning Board, hold a public hearing with respect to the approval
of the development plan.
(2)
Approval or rejection of plan.
(a)
The Town Board shall, within 60 days of the close of the public
hearing, approve or reject the development plan, or approve the development
plan subject to conditions. Any approval or approval subject to conditions
shall be based on the requirements of this chapter, the approved concept
plan, the goals, policies, and guidelines of the Town's Comprehensive
Plan and the Town's Commercial Development and Residential Development
Design Guidelines.
(b)
The approval of the development plan by the Town Board shall
constitute an amendment to the Zoning Law. The development plan shall
establish the density and intensity of uses in the PUD District and
the development plan shall become the PUD District regulations.
F. Site plan review. All structures in a PUD District are subject to
site plan review as provided in this chapter.
G. Extension of time. All times for submittal, review, public hearings,
recommendations and decisions may be extended by mutual agreement
in writing by the applicant and the Town Board.
There shall be no minimum requirements for lot area, lot width,
lot coverage, yards and structure setback lines, or building height
requirements in a PUD. All such lot dimensional requirements shall
be governed by the approved development plan.
The Town Board may approve minor amendments to a development
plan without a public hearing. A minor amendment is an amendment required
by a technical or engineering consideration first discovered during
development that could not reasonably have been anticipated during
the approval process. No such amendment shall be approved which would
change a permitted use or lot dimensional requirement.
The Town Board may approve a development plan for a PUD District
conditioned upon substantial completion of the development in phases
as set forth in the development plan. If the PUD, or any phase of
the PUD, has not been substantially completed according to the schedule
in the development plan, development and construction of subsequent
phases may be suspended or disapproved by resolution of the Town Board
following a public hearing as herein provided.