Any development considered as a PUD shall conform to the following
standards, which shall be regarded as minimum requirements, in addition
to all applicable standards in other sections of this article.
A. Minimum area. The minimum area required for a Planned Unit Development
District shall be not less than five contiguous acres.
B. Ownership. The tract of land for a PUD must be owned, leased or controlled
by a single person, partnership or a corporation. Any approvals or
conditions imposed shall be binding on all future owners or tenants
as well.
C. Location of PUD Districts. The PUD District shall be restricted to
those areas of the Town which can be served by approved sewer and
water systems, either on-site or a municipal system.
D. Permitted uses. All uses within an area designated as a PUD District
shall be governed by the provisions of this section and the plans,
standards and conditions specifically approved for the project concerned.
Permitted uses may include any one or a combination of the following:
(1) Residential uses. Residences may be of any type or combination of
types, including but not limited to single-family dwellings, two-family
dwellings, townhouses or apartments. A variety of building types,
styles and designs are encouraged so as to create a balanced community.
(2) Nonresidential uses. Nonresidential uses may be permitted in combination
with residential uses. Consideration shall be given to the location,
scale and setting of the project in determining the appropriateness
of such uses and their location and design within the PUD.
(3) Customary accessory or associated uses. Accessory uses, such as private
garages, storage places, recreational and community activities, churches
and schools, shall also be permitted as appropriate to the PUD.
E. Intensity of land use.
(1) Density. Because land is used more efficiently in a PUD, environmental
quality can often be preserved with a greater number of dwelling units
per gross site area than is usually permitted in traditionally zoned
districts. The Town Board shall determine in each case the appropriate
land use intensity and/or dwelling unit densities for individual projects.
The determination of land use intensity ratings or dwelling unit densities
shall be completely documented, including all facts, opinions and
judgments justifying the selection of the rating or density. The removal
of constrained land, as defined in this chapter, shall not be required
to calculate potential residential density.
(2) Size of initial development stage. The initial stage of any PUD approved
under these regulations shall create a viable development unit by
itself in terms of site planning elements, infrastructure design and
financial resources.
F. Common property and open space.
(1) Common property and open space. Common property in a PUD is land
together with the improvements thereon, the use and enjoyment of which
is shared by the owners and occupants of the individual building sites.
Common property in a PUD shall be combined and described as a single
deeded parcel of land. Common property may be in public or private
ownership. When common property exists in private ownership, satisfactory
arrangements must be made for the improvement, operation and maintenance
as such common property and facilities, including private streets,
drives, service and parking areas and recreation and open space areas.
(2) Open space.
(a)
Except as otherwise permitted in Subsection
F(2)(c) below, at least 20% of the gross site area in a PUD shall be set aside as open space and shall remain and be maintained open in perpetuity. Open space does not include roads, parking areas, other paved areas, utility rights-of-way, drainage channels or any other open areas with a dimension of less than 200 feet at its smallest dimension. No more than 1/4 of such open space may comprise land under water. Such open space shall not be disposed of for any future development.
(b)
The ownership of open space land created as part of a PUD shall
be approved by the Town Board upon the advice of the Town Attorney.
The Town Board shall retain the right to review and approve the articles
of incorporation and charter of any ownership entity and to require
whatever conditions it shall deem necessary to ensure that the intent
and purpose of this chapter are carried out.
(c)
If the subject property and proposed development do not reasonably
permit a set aside of open space meeting the requirements of this
section, the Town Board may waive said requirement in place of two
or more public benefit projects.
G. Public benefits. Applicants shall provide one or more of the following
public benefits towards justification of the proposed project, for
the purposes of offsetting any identified adverse impacts associated
with the proposed project as applicable, and in place of an open space
set aside in accordance with this section if proposed by the applicant.
(1) Acquisition and/or construction of a new Town park or recreational
facility.
(2) Improvements or rehabilitations to existing Town parks or recreational
facilities, with a preference for projects and improvements recommended
in the Comprehensive Plan, Esopus Riverfront Access and Connections
Study, LWRP, or other applicable reports, studies and projects.
(3) Creation of active and passive recreation to include greenways, sidewalks, and other pedestrian/bicycle circulation networks that serve to connect significant areas and various land uses, with a preference for projects and improvements recommended in Subsection
G(2) above.
(4) Infrastructure improvements, including but not limited to utility
extensions that provide additional connection opportunities to other
potential users when deemed appropriate and compatible by the Town
Board and where a need has been demonstrated.
(5) Additional projects that will be provide an obvious public benefit
for the Town of Esopus and approved by the Town Board.
H. (Reserved for future Town of Esopus workforce housing requirements.)
In the event that a building permit has not been issued for any building construction within a designated PUD within a period of five years and a day following the grant of final site plan approval, as set forth in §
123-55, or any extension of site plan approval, the PUD zoning designation shall be rendered null and void. In such event, the lands within the PUD District shall revert to the original zoning districts that existed prior to the PUD designation, and this reversion shall be noted on the Official Zoning Map of the Town.