A. 
Purposes and types of planned unit developments (PUD).
[Amended 4-6-2023 by L.L. No. 2-2023]
(1) 
The Town hereby establishes four types of planned unit developments (PUDs) which are floating zones, and which may be established through application to the Town Board. The Town Board, in its discretion, may approve a zone petition for a Planned Industrial Development (PID) District, a Planned Resort and Recreation Development (PRRD) District, a Planned Resort Development-Somerset (PRDS) or a Planned Senior Development (PSD).
(2) 
For a PSD, offer choices in types of housing, lot sizes and community facilities available to senior residents.
(3) 
Create usable open space and recreation areas and preserving natural areas.
(4) 
Conveniently locating businesses and services with respect to neighborhoods.
(5) 
Promoting economic development and encouraging commerce and industry in well-designed planned business park type environs where sufficient landscaping and buffering shall allow uses within the PUD to be compatible with each other, and with adjoining uses.
(6) 
Providing for the efficient use of land and the placement of utilities and streets in ways that lower development costs and impacts.
(7) 
Implementing the Town of Wawarsing Comprehensive Plan.
(8) 
Encouraging innovation not possible under strict application of subdivision and zoning regulations.
B. 
Procedures. The Town Board, in its discretion, may establish planned unit development districts in the following manner:
(1) 
An applicant shall submit a zone petition and application to the Town of Wawarsing Town Board to establish a PID, PRRD, PRDS or PSD District. The application shall be in writing and include a concept plan drawn to scale. The application and concept plan shall include the following information:
[Amended 4-6-2023 by L.L. No. 2-2023]
(a) 
The location and types of the various uses and their areas in acres.
(b) 
Calculation of proposed maximum density, number of units, or gross floor area, for each category of uses.
(c) 
A depiction of the proposed interior road and driveway system and proposed design of same.
(d) 
Location, area and proposed ownership and use of open space.
(e) 
Description and concept plan for the provision of sewer service, water supply, stormwater management and other required utilities.
(f) 
Uses and ownership of abutting lands.
(g) 
A proposed phasing plan.
(h) 
A SEQRA analysis for the proposed district and concept plan. Where the PUD is determined to be a Type I action as per the regulations implementing SEQRA, it is presumed that an environmental impact statement may be required to be prepared.
(i) 
Evidence the proposal is compatible with the goals of the Town of Wawarsing Comprehensive Plan and this chapter.
(j) 
Any other analyses, data or plans that the Town Board determines is necessary to assess the merits of the zone petition.
(2) 
The Town Board shall forward the zone petition application and concept plan to the Planning Board for review. The Planning Board shall review the concept plan and related documents and render a report to the Town Board regarding the concept plan including any proposed revisions. An unfavorable report shall state clearly the reasons thereof and, if appropriate, advise the applicant what revisions would be required for the Planning Board to render a favorable report. A favorable report shall include any recommendations for changes or conditions with respect to the proposed concept plan. The Planning Board shall issue its report within 62 days of receipt of a complete concept plan and application, except that the time frame for issuing a report may be extended upon consent of the Town Board. The Town Board shall continue its review upon receipt of a report, or after any time frame for said report has expired.
(3) 
The Town Board shall make such other referrals necessary including review by the Ulster County Planning Board and as may be necessary pursuant to the regulations implementing the New York State Environmental Quality Review Act.
(4) 
Prior to acting on the zone petition and concept plan, the Town Board shall hold a public hearing in accordance with the notice requirements and other procedures for the adoption of a zoning amendment.
(5) 
Mitigation measures and conditions may be imposed by the Town Board as part of any PUD zoning amendment.
(6) 
Plan approval.
(a) 
The Town Board shall proceed to review the zone petition in accordance with the § 264 of New York State Town Law and Article XIII of this chapter shall conduct a hearing within 62 days of the meeting at which the Planning Board's report and/or application is received, or within 62 days after said time frame for Planning Board review has expired. No decision shall be made until the Town Board has issued a negative declaration, or adopted a findings statement, in accordance with the regulations implementing SEQRA. The Town Board, in its discretion, may approve the plan if it meets the benefits set forth above, and where it finds that:
[1] 
The proposed uses will not be detrimental to present and potential uses in the area surrounding the proposed district.
[2] 
Existing and future highways are suitable and adequate to carry anticipated traffic associated with the proposed district.
[3] 
Existing and future utilities are or will be adequate for the proposed development.
[4] 
The concept plan complies with the requirements of this chapter and is consistent with the Town of Wawarsing Comprehensive Plan.
[5] 
The concept plan will not have a significant adverse impact on the Town's natural resources including the quantity and quality of groundwater and any aquifer systems.
[6] 
The Town Board shall consider the scale of the proposed buildings associated with the uses, their potential impact on community services, environmental resources, the visual environment and community character, and may limit the size of any buildings associated with a planned unit development.
(b) 
If a site plan or subdivision plan is not submitted to the Planning Board as required herein within one year of receiving a PUD zone change, the lands on which the PUD was granted shall automatically revert back to the zoning district prior to the PUD zone change.
(c) 
Should the Town Board approve the proposed amendment creating a planned unit development district, it may attach conditions to such approval. If the planned unit development district has been approved by the Town Board and it has received site plan and/or subdivision approval from the Planning Board and is not substantially developed in accordance with the approved concept plan within five years of the effective date of the zone change, and provided that it shall then appear that rights vested in persons acting in good faith in reliance on such zoning classification will not be prejudiced thereby, the Town Board, upon resolution and no earlier than 62 days following written notice to the applicant and general publication in a newspaper of general circulation, may revoke the zone change, and the property shall revert back to the zoning district prior to the zone change.
(7) 
Upon adoption of the planned unit development by the Town Board, the applicant shall submit a site plan and/or subdivision plan to the Planning Board for all or a phase of the development, in accordance with the phasing plan approved by the Town Board. Said plans shall include all data required as per Chapter 95, Subdivision of Land, and the special use and site plan review requirements set forth in this chapter. The Planning Board shall review and render a decision on any subdivision plan, site plan, and or special use permit in accordance with the standards regulating same. The Planning Board, upon receipt of an application, shall forward same to the Town Board for its review. The Town Board, as set forth in Subsection B(8) below, may comment on the consistency of the plan with the approved PUD, any conditions thereto, or the concept plan.
(8) 
Any plans submitted to the Planning Board shall conform substantially to the concept plan approved by the Town Board and any conditions established as part of the approval of the PUD. The Town Board or the Planning Board may require that any application not substantially in conformance with the concept plan and PUD approval be referred back to the Town Board for review, and if required, approval of the Town Board. The Town Board may rescind the PUD zoning for any application which is not substantially compliant with the concept plan, unless the revised concept plan is approved by the Town Board upon further review in accordance with this section.
(9) 
No building permits shall be issued for construction within a PUD until all required improvements are installed or financial guarantees are posted in accordance with the procedures provided by the Town subdivision regulations and this chapter.
A. 
PID Planned Industrial Development (PID) Districts. The purpose of the Planning Industrial District is to allow two or more industrial uses within a planned industrial park, served by an internal road or common driveway served by centralized sewer or water service and attractively landscaped and screened from view from significant vantage points in the Town.
(1) 
Location. The property shall be located within the BH District or within the RU District, provided no less than 50% of the property is within 1,300 feet of the center line of U.S. Route 209.
(2) 
Minimum site requirements. The property shall be no less than 10 contiguous acres of land and shall have no less than 200 feet of direct frontage on U.S. Route 209 and direct vehicular access thereto.
(3) 
Maximum lot coverage and land disturbance. The total lot coverage for the entire property shall not exceed 40%, and land disturbance on the entire property shall not exceed 50%. Individual lots created within a PID shall be limited to a maximum lot coverage of 50% and a maximum land disturbance of 60%. The concept plan shall show the proposed locations for buildings, and the Town Board shall establish the yard requirements for the PID.
(4) 
Outdoor storage. The outdoor storage of goods or materials, open-sided covered structures, truck loading and unloading areas and all equipment, electrical substations, and mechanical devices shall be shielded from view from any public highway and any adjoining property that has an existing dwelling. The Town Board may require that goods and materials be stored indoors to minimize noise and visual impacts.
(5) 
Utilities. All electric, telephone, telecommunications, and other service lines shall be underground.
(6) 
Performance standards. No land or structure in a PID District shall be used, occupied or operated in any manner that creates dangerous, injurious, noxious or otherwise objectionable conditions that may affect other properties. All uses shall comply fully with performance standards of this chapter including but not limited to noise, lighting, odors, vibrations, smoke and related matters. A management plan and covenants and restrictions for the PID shall be submitted to ensure long-term maintenance and operation of properties and improvements and shall be submitted for review and approval by the Town Board at the time the PID District is proposed.
(7) 
Parking. On-street parking on public highways or access roads within the PID District shall not be permitted. No parking lot where trucks will be parked shall be constructed within 250 feet of any existing conforming dwelling, and all other vehicular parking shall be set back no less than 100 feet from any existing dwelling, where any such dwelling is a conforming use in the district in which it is located.
(8) 
Landscape and design requirements. Landscape and facade design requirements to be incorporated in project covenants and restrictions shall be developed and submitted for approval. A landscaped planting screen of no less than 75 feet in width shall be required along the border of the PID District with any adjoining property and any public road. Such buffer area shall be in place prior to the issuance of a certificate of occupancy and substantially screen proposed buildings in the PID from view within five years of planting. Existing trees and vegetation shall be maintained wherever possible in such buffer areas and supplemented with additional vegetation as may be necessary to accomplish screening objectives. All buildings, structures and land disturbances shall be set back a minimum of 100 feet from the exterior property lines, which distance may be increased by the Town Board as may be necessary to protect adjoining properties and preserve neighborhood character when rezoning land to a PID.
(9) 
Minimum lot area. Individual lots within a PID District shall be a minimum of three acres in size. This shall not apply, however, to lots used for the purpose of locating utility structures.
(10) 
Building heights. Structures within PID Districts shall not exceed a height of 45 feet, or two stories plus mezzanine, except for unoccupied areas used for mechanicals, elevators, antennas and industrial processes, which shall be limited to a maximum of 55 feet. Structures over 35 feet in height shall require evidence from the local fire district that equipment exists to serve adequately the fire protection requirements related to the structure.
(11) 
PID uses. The Town Board shall approve the allowable uses in a PID, which are limited to the following: business and professional offices, electronic data processing and back office operations, packaging of retail goods, plastic product injection molding, printing facilities, research and development facilities, light metal fabrication and other light manufacturing, warehouse and distribution facilities, agribusiness uses and other commercial economic development uses acceptable to the Town Board as shall be established by the Town Board in adopting the PID District. The Town Board may limit the gross floor area associated with warehousing and distribution which is accessory to any use allowed herein.
(12) 
Prohibited uses. Fuel distribution or processing operations, junkyards, recycling facilities, salvage operations, solid waste disposal facilities, mini storage facilities (mini warehouses), mining and other natural resource processing, including sawmills and storage yards for forest products and stone, and other uses otherwise prohibited by the Code of the Town of Wawarsing.
(13) 
Other zoning regulations. With the exception of lot area requirements, which may be waived or modified by the Town Board, the PID District shall comply with all other provisions of this chapter.
(14) 
Ownership. The land proposed for a PID District may be owned, leased or controlled either by an individual, corporation or by a group of individuals or corporations. PID 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.
B. 
PSD Planned Senior Development Districts.
(1) 
Location. A PSD District may be permitted within any existing RMH, MU or BH Zoning District. Such a district shall be permitted in the RU District where the property maintains 200 feet of frontage on a state road.
(2) 
Minimum site area. A PSD District shall comprise at least 10 gross acres of land.
(3) 
Permitted uses. A PSD District shall be limited to senior care developments as defined in this chapter.
(4) 
Maximum density. The maximum density shall be as follows, and there shall be no more than 200 dwelling units, beds or combination thereof, as part of any PSD District:
(a) 
Single-family dwellings: one dwelling unit per one acre of lot area.
(b) 
Two-family dwellings: one dwelling unit per one acre of lot area.
(c) 
Single-family attached (townhomes): one dwelling unit per 20,000 square feet of lot area.
(d) 
Multifamily development: one dwelling unit per 10,000 square feet of lot area.
(e) 
Assistive living dwelling unit: one dwelling unit per 5,000 square feet of lot area.
(f) 
Nursing homes and facilities with beds: one bed per 2,500 square feet of lot area.
(5) 
Open space. No less than 50% of the gross acreage of the site shall be preserved as open space. A golf course can serve as open space, provided it meets the special use requirements set forth in this chapter. All areas of the site shall be amply landscaped by preserving existing vegetation, or by installing a combination of decorative and native plant materials. A landscaping plan shall be submitted and approved.
(6) 
Utilities. PSD District shall be served by central water and sewerage systems. All water, sewer and gas lines (where available) and all other lines providing power and communication service shall be installed underground.
(7) 
Building heights. Structures within a PSD shall not exceed a height of 35 feet, or 2.5 stories; however, assisted living facility, nursing homes, and multifamily developments can be three stories. The Planning Board shall consult with the fire district and other emergency service providers to determine if same can handle adequately any emergency and the building is designed with adequate fire and emergency access.
(8) 
The Town Board shall establish the required yard and minimum lot areas based upon review and approval of the concept plan.
(9) 
The buildings and structures shall be compatible with the rural character exhibited within the surrounding environs, the character of the community and the natural surroundings. The Planning Board shall review and approve the architectural style of the buildings and structures, taking into consideration the objectives set forth herein. Floor plans and elevations shall be submitted for review.
(10) 
The applicant shall demonstrate that adequate emergency service facilities are provided for the proposed use. The applicant shall prepare a safety management plan that demonstrates that adequate emergency access is provided to the site. Police, fire, ambulance and other agencies that are required to service the proposed development shall be provided with a copy of the application for review and comment, and the Town Board shall take said comments into consideration in its deliberations.
(11) 
In order to minimize visual and noise impacts on adjoining parcels, no building, parking area or road shall be permitted within 100 feet of any property line. A combination of fencing, natural, undisturbed areas, supplemental plantings or landscaping shall be provided to create a separation between surrounding existing and prospective uses and the proposed development.
(12) 
The number of off-street parking spaces required to serve the development shall be calculated utilizing the applicable parking generation rates set forth in the most recent edition of the Institute of Traffic Engineers' publication, "Parking Generation." Parking areas shall be broken up and amply landscaped to avoid the appearance of significant expanses of impervious surfaces.
(13) 
On-site lighting shall be designed and installed in a manner that minimizes visual impacts to the night sky. A lighting plan depicting the level and intensity of illumination within the site and at the property boundary shall be submitted to the Planning Board as part of the site plan. Decorative lighting fixtures appropriate to a rural and rustic setting shall be incorporated into the overall design of the development.
(14) 
Ownership. The land proposed for a PSD District may be owned, leased or controlled either by an individual, corporation or by a group of individuals or corporations. PSD 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.
(15) 
Organization. A PSD District may be organized as a condominium, a cooperative, a leasehold or held in individual or corporate ownership. If a homeowners' association (HOA) or similar organization is to be established, such entity shall be organized as provided for conservation subdivisions.
A. 
Purpose and zoning objectives.
(1) 
Purpose. It is the purpose of this Planned Resort Recreation District (PRRD) to allow the creation of planned and integrated resort developments. The Town of Wawarsing Comprehensive Plan recognizes the importance of maintaining and revitalizing major existing and historical resort facilities in the Town. The PRRD encourages primarily the redevelopment of existing or former resort properties in order to support economic development in the form of property taxes and employment in the Town of Wawarsing.
(2) 
Zoning objectives. The objectives of this PRRD are as follows:
(a) 
Innovation and variety in the type and design of commercial resort development and the establishment of new structures as well as the renovation of existing structures;
(b) 
Provide adequate utilities and infrastructure including accessways, stormwater management facilities, water distribution and sewage collection facilities;
(c) 
Preservation of significant natural resources, such as wetlands and water bodies, and other areas of scenic and ecological value, as well as preexisting open space areas and recreational amenities;
(d) 
Preservation of property values and long-standing land uses consistent with community character and adjoining or nearby uses;
(e) 
Significant enhancement of tourism activity and related support services;
(f) 
Creation of diverse employment opportunities for residents in the Town and Ulster County; and
(g) 
Inducement of private investment in the Town, county and region, including reinvestment in existing businesses, and the attraction of new seasonal and year-round businesses.
B. 
Location standards.
(1) 
The PRRD shall apply to parcels that have a minimum of 100 gross acres.
(2) 
The PRRD may be applied only to lands within the VP, RED and RU Zoning Districts.
(3) 
The PRRD shall maintain no less than 500 feet of street frontage on a state or county road.
C. 
Resort uses.
(1) 
Uses. The use allowed in the PRRD shall be a resort as defined in this chapter. The following uses shall be allowed in connection with a resort:
(a) 
Hotels;
(b) 
Convention and conference centers;
(c) 
Seasonal or year-round, indoor and outdoor commercial, private and/or public recreational, sports and amusement uses, including, but not limited to, golf courses and related facilities; skiing and related facilities; sledding and related facilities; rock climbing; zip lines and alpine slides; snowmobiling trails and facilities; ice skating; roller skating and skateboarding facilities; boating; fishing and related facilities; tennis courts and related facilities; squash courts and related facilities; swimming pools and other aquatic facilities and amusements, including water slides and water features; equestrian facilities; mountain biking trails; bowling facilities; rail trails; hiking and walking trails; and, other recreational uses deemed acceptable by the Town Board, which Board can limit the use of motorized recreation uses based on noise and other environmental impacts;
(d) 
Theaters, including, but not limited to, live and recorded performance venues, movie theaters, indoor performance theaters, outdoor performance amphitheaters and dinner theaters, art galleries and other entertainment type uses deemed acceptable by the Town Board;
(e) 
Retail uses accessory to and integrated into the overall resort;
(f) 
Personal service and business offices commonly associated with a resort;
(g) 
Restaurants and catering facilities, including bars and taverns;
(h) 
Health spas and fitness services commonly associated with a resort;
(i) 
Agricultural uses and operations.
(2) 
Accessory uses. The following uses shall be permitted accessory to a planned resort:
(a) 
Utility structures and utility facilities serving the resort;
(b) 
Other uses and facilities customarily accessory to such a resort and deemed appropriate by the Town Board.
(3) 
Dwellings constructed for seasonal or year-round occupancy are not permitted, except that the Town Board may, in its discretion, allow same, based on the following standards. The Town Board is not obligated to approve the construction of any dwellings, and shall only allow same where it finds that the applicant has demonstrated to the satisfaction of the Town Board that the dwellings will be managed and maintained as an integral component of the resort, and wherein the development will be phased to ensure that the resort and its associated hotel and amenities are the principal uses of the PRRD, and that the property is not being developed as a stand-alone residential subdivision or residential development:
(a) 
Dwellings shall be further capable of being utilized as part of a rental pool controlled by the resort operator;
(b) 
The dwellings and/or lots shall be maintained by the hotel or resort operator, and the hotel operator shall provide evidence of same through submission of agreements and other arrangements which shall be reviewed and approved by the attorney for the Town and which agreements shall be recorded in the office of the Ulster County Clerk. The application shall disclose the length of stay within the various guest unit and dwelling units in the resort for review by the Town Board, which will establish the maximum length of stay by unit type;
(c) 
Dwellings shall be allowed based on a maximum density of one dwelling unit per five acres, after subtracting out all areas dedicated to other uses, including the mandatory open space requirements for a resort and environmental constraints as per § 112-10F. The Town Board may allow dwelling units at a maximum density of one dwelling unit per three acres, as per the above calculation, provided the Town Board determine sufficient area and uses are dedicated to the hotel and other resort amenities;
(d) 
The Town Board may cap the total number of dwellings units within the resort, and in no event shall the number of dwellings exceed 25% of the total number of hotel guest units to be developed as part of the PRRD;
(e) 
The Town Board shall determine the mix of dwelling unit types (single-family, two-family, and multifamily dwellings) to ensure that the property operates primarily as a commercial resort use;
(f) 
The Town Board may require that dwellings not be located on individual lots, but be located on the primary resort property;
(g) 
The sale of individual lots may take place prior to the operation of the hotel, However, construction of dwellings or other improvements to be placed on such lots, other than model unites, approved by the Town Board, shall not be constructed until the hotel is operational;
(h) 
The architecture of the dwellings shall be consistent with the overall architectural design of the resort and hotel. The applicant shall provide a set of architectural standards which shall govern the design of all dwellings, which shall be approved by the Town Board;
(i) 
A market feasibility/fiscal impact study shall be submitted by the applicant in order for the Town Board to assess the potential fiscal impact on various Town and municipal-related services, and whether a market exists for such proposed development;
(j) 
The Town Board shall approve the lot sizes, yards, building heights and maximum dwelling sizes and dwelling type mix for all dwellings proposed as part of a PRRD.
(4) 
Prohibited uses. Adult uses, as defined in this chapter, shall be prohibited in a PRRD.
D. 
Development standards. A PRRD shall be developed in accordance with the following development standards:
(1) 
Bulk regulations.
(a) 
Maximum lot coverage shall be 35%.
(b) 
Maximum number of guest units: one guest unit per 10,000 square feet of area, exclusive of all required open space or other uses conducted on the site.
(c) 
Maximum height of any building: 45 feet, or four stories, for the hotel. All other buildings shall not exceed 35 feet in building height, or 2.5 stories.
(d) 
There shall be no less than four guest units per building, other than dwellings as regulated above, unless otherwise approved by the Town Board.
(e) 
All building shall be set back no less than 100 feet from the exterior property lines.
(f) 
Open space. Not less than 50% of the acreage of the property shall be reserved as open space. Areas used for public or private recreational purposes, including, but not limited to, golf courses, skiing, walking trails and the like, exclusive of any areas covered by structures associated with such outdoor uses, shall be considered open space. The open space lands may include significant ecological, aesthetic and recreational characteristics.
(2) 
Parking.
(a) 
Minimum number of parking spaces. One parking space for each guest unit and one space for every two employees. For any dwellings that may be approved by the Town Board, no less than two parking spaces per dwelling unit shall be provided. For all other uses, the number of off-street parking spaces required to serve the development shall be calculated utilizing the applicable parking generation rates set forth in the most recent edition of the Institute of Traffic Engineers' publication, "Parking Generation." Parking areas shall be broken up and amply landscaped to avoid the appearance of significant expanses of impervious surfaces.
(b) 
Location and design of parking and loading spaces. All parking shall be provided in close proximity to the buildings and uses they serve. There shall be a central facility for deliveries, management of solid waste and similar activities.
(3) 
The buildings and structures shall be compatible with the character exhibited within the surrounding environs, the character of the community and the natural surroundings. The Town Board shall approve design standards for the development, and the Planning Board shall review and approve the architectural style of the buildings and structures, taking into consideration the objectives set forth herein. Floor plans and elevations shall be submitted for review.
(4) 
The applicant shall demonstrate that adequate emergency service facilities are provided for the proposed use. The applicant shall prepare a safety management plan that demonstrates that adequate emergency access is provided to the site. Police, fire, ambulance and other agencies that are required to service the proposed development shall be provided with a copy of the application for review and comment, and the Town Board shall take said comments into consideration in its deliberations.
(5) 
In order to minimize visual and noise impacts on adjoining parcels, no building, parking area or road shall be permitted within 100 feet of any property line. A combination of fencing, natural, undisturbed areas, supplemental plantings or landscaping shall be provided to create a separation between surrounding existing and prospective uses and the proposed development.
(6) 
On-site lighting shall be designed and installed in a manner that minimizes visual impacts to the night sky. A lighting plan depicting the level and intensity of illumination within the site and at the property boundary shall be submitted to the Planning Board as part of the site plan and/or subdivision review. Decorative lighting fixtures appropriate to a rural and rustic setting shall be incorporated into the overall design of the development.
(7) 
Existing natural features and wooded areas shall be preserved to the maximum practicable extent. A conceptual landscaping plan shall be submitted for Town Board review which shall show areas to be landscaped and existing vegetative areas to be preserved, and final detailed landscape plans shall be submitted at the time of Planning Board site plan/subdivision review.
(8) 
Utilities. The resort shall be serviced by central water and sewer systems. All water, sewer and gas lines and all other lines providing power and communications service shall be installed underground.
(9) 
Other zoning regulations. Development within the PRRD Zoning District shall be governed by this section, to the exclusion of any inconsistent provision of the Code of the Town of Wawarsing. The provisions of Chapter 70 of the Code of the Town of Wawarsing to the contrary notwithstanding. The Town Board shall serve as the Historic Preservation Commission within the meaning of such chapter with respect to properties in the PRRD Zoning District and shall have all the authority with respect thereto as provided in that chapter.
[Added 4-6-2023 by L.L. No. 2-2023]
A. 
Purpose and development objectives.
(1) 
Purpose. It is the purpose of this Planned Resort Development-Somerset (PRDS) to allow the establishment of a planned and integrated resort development on the site of the former Nevele Resort, subject to site plan and subdivision review by the Town of Wawarsing Planning Board. The Town of Wawarsing Comprehensive Plan recognizes the importance of maintaining and revitalizing major existing and historical resort facilities in the Town; the former Nevele Resort is a primary example.
(2) 
Planned resort district developments permit establishment of appropriate areas within the Town in which recreational uses may be brought together with residential and commercial uses in a compatible and unified plan of development, which shall be in the interest of the general welfare of the public, and the community at large. This article specifically encourages innovation in resort development so that market demands for recreational activities, commercial resort uses and resort housing at all economic levels may be met by innovative design and by the conservation and more efficient use of land in such developments.
(3) 
This article recognizes that the standard zoning function may not be practical in resort developments due to the large tracts of land involved and the need for a fully integrated plan of development and operation. Further, this article recognizes that a rigid set of space requirements, along with bulk and use specifications, would frustrate the application of this concept. Thus, where planned unit development techniques are deemed appropriate through the rezoning of land for uses set forth within a Planned Unit Development District by the Town Board, the set of use and dimensional specifications elsewhere in this chapter are herein replaced with an approval process in which an approved plan becomes the basis for continuing land use controls.
(4) 
All PRDS developments shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA) in all manner and respects (see 6 NYCRR Part 617, et. seq.).
B. 
Zoning objectives. The objectives of this PRDS are as follows:
(1) 
Innovation and variety in the type and design of commercial resort development and the establishment of new structures as well as the renovation of existing structures;
(2) 
Provide adequate utilities and infrastructure including accessways, stormwater management facilities, water distribution and sewage collection facilities;
(3) 
Preservation of significant natural resources, such as wetlands and water bodies, and other areas of scenic and ecological value, as well as preexisting open space areas and recreational amenities;
(4) 
Preservation of long-standing land uses consistent with community character and adjoining or nearby uses;
(5) 
Significant enhancement of tourism activity and related support services;
(6) 
Creation of diverse employment opportunities for residents in the Town and Ulster County; and
(7) 
Inducement of private investment in the Town, county and region, including reinvestment in existing businesses, and the attraction of new seasonal and year-round businesses.
C. 
General requirements.
(1) 
Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation, company, partnership or other business entity or by a group of individuals, companies, partnerships, or other business entities. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
(2) 
All common areas and amenities shall be owned and operated by an appropriate legal entity that will exist in perpetuity. The conveyance of individual parcels within a PRDS shall be acceptable, provided provision is made for continuity of restrictions and controls in the form of any applicable deed convenants, restrictions and easements.
(3) 
The post-development ownership and maintenance plan shall be part of the application and approval process. Said post-development plan shall include a mechanism that will provide unified control and authority over the operations of the development so that there is one entity or individual that is responsible for enforcing the terms and conditions of the PRDS approval for all tenants, homeowners, business owners and other users of the PRDS.
(4) 
The buildings and structures shall be compatible with the character exhibited within the surrounding environs and the natural surroundings. The Town Board shall approve general design guidelines for the development. Design guidelines are provided as Appendix X.
(5) 
The applicant shall demonstrate that adequate emergency service facilities are provided for the proposed uses. The applicant shall demonstrate that adequate emergency access is provided to the site. Police, fire, ambulance and other agencies that are required to service the proposed development shall be provided with a copy of the application for review and comment, and the Town Board shall take any comments into consideration in its deliberations.
(6) 
In order to minimize visual and noise impacts on adjoining parcels, any new building or parking area shall only be permitted in accordance with the setbacks set forth below. The exception to this rule may occur where a building or roadway already exists. The developer shall work to exceed this minimum and provide adequate screening. A combination of fencing, natural, undisturbed areas, supplemental plantings or landscaping shall be provided to create a visual buffer and separation between surrounding existing and prospective uses and the proposed development.
(7) 
On-site lighting shall be designed and installed in a manner that minimizes visual impacts to the night sky. All lighting shall be glare shielded and downward directed. A lighting plan depicting the level and intensity of illumination within the site and at the property boundary shall be submitted to the Planning Board as part of the site plan and/or subdivision review. Decorative lighting fixtures appropriate to a rural and rustic setting shall be incorporated into the overall design of the development.
(8) 
A landscaping plan shall be submitted.
(9) 
Utilities. The resort shall be serviced by central (community) water and sewer systems and/or municipal water and sewer systems. All water, sewer and gas lines and all other lines providing power and communications service shall be installed underground, to whenever practicable.
(10) 
Development projects within the PRDS will pledge to continue reasonable access for connectivity to the Regional Rail Trail Network to the extent connectivity is within the control of the project sponsor.
D. 
Allowed uses.
(1) 
Any type of nonresidential and residential use may be permitted within an area designated as a PRDS, subject to the provisions of this article and the conditions of approval of the PRDS, provided that the resort recreational use is the predominant use with at least 50% of all the land area devoted to uses for recreation and provided that the nonresidential uses are appropriate for a resort-type community and function.
(2) 
Resort/hospitality uses.
(a) 
The use allowed in the PRDS shall be a resort as defined in this zoning chapter. The following uses shall be allowed in connection with a resort:
(b) 
Hotels; amenities;
(c) 
Convention and conference centers;
(d) 
Wedding and catering venues and related facilities;
(e) 
Seasonal or year-round, indoor and outdoor commercial, private and/or public recreational, sports and amusement uses, including, but not limited to, golf courses and related facilities; skiing and related facilities; sledding and related facilities; rock climbing; zip lines and alpineslides; snowmobiling trails and facilities; ice skating; boating and related facilities; fishing and related facilities; court sports and related facilities; swimming pools and other aquatic facilities and amusements, including water slides and water features; equestrian facilities; mountain biking trails; bowling facilities; rail trails; hiking and walking trails; and, other recreational uses deemed acceptable by the Town Board, which Board can limit the use of motorized recreation uses based on noise and other environmental impacts;
(f) 
Tourism-related brewery, distillery, winery or food production use;
(g) 
Theaters, including, but not limited to, live and recorded performance venues, movie theaters, indoor performance theaters, outdoor performance amphitheaters and dinner theatersand other entertainment type uses deemed acceptable by the Town Board;
(h) 
Retail uses subordinate to and integrated into the overall resort;
(i) 
Personal service and business offices commonly associated with a resort;
(j) 
Restaurants and catering facilities, including bars and taverns;
(k) 
Health spas and fitness services commonly associated with a resort;
(l) 
Agricultural uses and operations;
(m) 
Cultural facilities.
(3) 
Residential uses.
(4) 
Residential development including but not limited to single family, two-family and multifamily dwelling units.
E. 
Accessory uses.
(1) 
Utility structures and utility facilities serving the resort;
(2) 
Other uses and facilities customarily accessory to such a resort and deemed appropriate by the Town Board.
F. 
Overall development program.
(1) 
Development of a PRDS shall preserve no less than 50% of the property as open space of land. Areas used for public or private recreational purposes, including, but not limited to, golf courses, skiing, walking trails and the like, exclusive of any areas covered by structures associated with such outdoor uses, shall be considered open space. The open space lands may include important ecological, aesthetic and recreational characteristics.
(2) 
Development program.
(a) 
The development program shall be depicted on the Project Master Plan. The Master Plan presented at the time of the request for PRDS designation shall identify the unit count, type of use for residential and nonresidential/resort uses. The following development program shall serve as the foundation for the Master Plan and shall be established by the Town Board. Subsequent changes in the allowable unit count may occur during the site plan review phase as reviewed/accepted by the Planning Board to address site uses, changes in market or other conditions. Increases to the total unit count shall be subject to SEQRA review and review/approval by the Town Board. Variations to the unit count shall be subject to the review/approval by the Town Board and provided the total unit count is not increased, SEQRA review shall not be required in such instances.
(b) 
Residential development.
[1] 
Single-family dwellings: 46 dwellings.
[2] 
Single-family attached dwelling: 44 dwellings.
[3] 
Multifamily dwellings: 136 dwelling units.
(c) 
Hospitality/hotel accommodations.
[1] 
A total of 138 keys or dwelling units are proposed.
[2] 
Hotel/main lodge and cottages: 78 keys/units.
[3] 
Hotel/condominium: 60 keys/units.
[4] 
Hospitality/hotel accommodations will be managed by central entity and the term/length of stay, ownership, and occupancy will vary given the target market/users and as described in Subsection F(2)(c)[3] above.
[5] 
Workforce housing: 100 units.
(3) 
Developers agreement.
(a) 
The applicant, Town Board and Planning Board may mutually determine to implement a development agreement in association with site plan and subdivision review and as part of any associated approvals.
(b) 
The development agreement may address issues such as phasing, construction schedule, timing of certain site approvements, performance measures, target income levels and unit counts to address housing affordability, the developer's agreement shall be approved in a form by the Town's counsel, and signed by the involved parties..
G. 
Dimensional standard.
(1) 
Single-family dwelling lots.
(a) 
Minimum lot area: 0.75 acres.
(b) 
Minimum lot width/frontage: 100 feet.
(c) 
Minimum lot depth: 100 feet.
(d) 
Setbacks.
Front: 10 feet.
Side: 10 feet.
Rear: 10 feet.
(e) 
Maximum height: 35 feet.
(2) 
Multifamily dwelling Type I.
(a) 
Maximum height: 75 feet.
(3) 
Multifamily dwelling Type II: 35 feet.
(4) 
Hotel/hotel condominium.
(a) 
Maximum height: 75 feet.
(5) 
The Planning Board during the site plan review and subdivision process may waive any dimensional standard upon good cause.
H. 
Prohibited uses.
(1) 
Adult uses, as defined in this zoning chapter, shall be prohibited in a PRDS.
I. 
Common property.
(1) 
Common property in a planned resort development is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. Common property shall be allowed within a PRDS and may include private streets, drives, services, parking areas, and recreational and open space areas.
(2) 
The ownership of land dedicated for park, recreation or open space use shall be determined by the property owner or applicant. The person or entity having the right of ownership shall be responsible for its proper maintenance and continued upkeep.
(3) 
Ownership shall be with one of the following: a private, nonprofit organization incorporated with a purpose consistent with the use and management requirements of the dedicated land; shared, common interest by all property owners in a subdivision; a homeowners', condominium or cooperative association or organization; or private ownership encumbered by deed restrictions, negative easements and/or a conservation easement pursuant to § 247 of the General Municipal Law or §§ 49-0301 through 49-0311 of the Environmental Conservation Law. When common property exists in private ownership, satisfactory arrangements shall be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, services, and parking areas and recreational and open space areas.
J. 
Other zoning regulations.
(1) 
It is the intent of the Town's PDD provisions and this PRDS to allow flexibility in design. Development within the PRDS Zoning District shall be governed by this section and to the exclusion of any inconsistent provision of the Code of the Town of Wawarsing. This exclusive applicability shall not operate to nullify the requirement of the Applicant to comply with all appropriate land use, zoning and environmental controls as may be applicable to the specific PRDS project under review. Rather, the PRDS provisions shall be applied in a flexible manner which recognizes that other specified zoning code provisions are not generally adaptable to PRDS review.
(2) 
Streams and wetlands. Notwithstanding and other section of the Town of Wawarsing Zoning Law, including § 112-21, the stream, waterbodies and wetlands standards, including any required buffering, as regulated by the United States Department of the Army Corps of Engineers and the New York State Department of Environmental Conservation shall be wholly controlling withing the PRDS.
(3) 
The provisions of Chapter 70 of the Code of the Town of Wawarsing to the contrary notwithstanding. The Town Board shall serve as the Historic Preservation Commission within the meaning of such chapter with respect to properties in the PRRD Zoning District and shall have all the authority with respect thereto as provided in that chapter.
K. 
Development phasing.
(1) 
If the applicant wishes to develop the PRDS in phases, or if the Town Board wishes to require that development be phased, the applicant may then submit only those phases for site plan review and/or subdivision approval per the approved staging plan.
(2) 
A phasing plan shall be submitted to the Town Board as part of the PRDS application materials if development phasing is contemplated by the applicant. The Town Board shall have the authority to approve, with or without modifications and/or conditions, or deny the phasing plan based on the following standards:
(a) 
Each phase must be related to surrounding areas and available public facilities in such a manner that failure to proceed to subsequent phases will not adversely affect those areas or facilities.
(b) 
Each phase, when substantially completed, must be able to function on its own or in conjunction with prior phases without substantial dependence on subsequent phases substantially. Construction of subsequent phases shall not occur until completion of the previous phase. For the purposes of this section, substantial completion shall mean the point by which a minimum of 80% of the project infrastructure is completed for the project phase being constructed.
(c) 
The infrastructure, as installed, shall be sufficient to accommodate each planned phase of development.
L. 
Construction schedule.
(1) 
The applicant shall propose, and the Town Board shall review and approve a construction schedule for the development of an approved PRDS. Generally, commencement of development of the PRDS, or the first phase if a phased PRDS is approved, must occur within two years of the date that the final site plan of the PRDS is approved. However, it is recognized that, depending on the scale and complexity of the development, and overall market conditions, consideration may be made with respect to the reasonable time necessary for the applicant to obtain construction financing, insurance and bonds, executing construction contracts, and other such aspects involved in a development project. Thus, the Town Board may extend the time period allowed for commencement of construction depending on the circumstances.
M. 
Financial security.
(1) 
The Town Board may require the posting of financial security in the form of a bond, letter of credit or other sufficient security in order to ensure that all public improvements are carried out as specified in the plans and approvals. Private improvements shall not require that financial security be posted. The Boards shall follow the procedures in the New York State Town Law § 277(9) for such financial security.
N. 
Expiration of approval. Unless otherwise specified or extended by the Town Board, any PRDS approval shall expire if the applicant fails to commence the proposed action or project within five years from the filing date of such decision thereof.