[Added 6-21-2021 by L.L. No. 3-2021]
A.
Purpose and goals. The purpose of planned unit Development (PUD)
district is to use the authority granted by Town Law, § 261-c
and Municipal Home Rule Law to promote flexibility in development
in order to better achieve community goals and to promote consistency
with the comprehensive plan.
(1)
The Town Board hereby finds that when coordinated with the comprehensive
plan, planned unit development zoning is an effective tool for guiding
development in ways that support the community's goals and priorities.
Planned unit development, among other things, 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:
(a)
Encourage innovation in land use variety and design, in the
layout and type of new structures and in their integration with existing
structures;
(b)
Enhance efficiency in the use of land, natural resources, energy,
community services, and utilities;
(c)
Encourage open space preservation and protection of natural
resources, historic sites, and structures;
(d)
Facilitate the provision of housing and improved residential
environments;
(e)
Encourage economic development with new businesses, support
existing business, and create employment opportunities; and
(f)
Encourage public access to the Town's waterfront area and
encourage the implementation of facilities and uses both private and
public that promote that access.
(2)
The procedures herein established are intended to substitute
procedural protections and substantive regulations in recognition
of the fact that traditional density, bulk, spacing, and use regulations,
which are useful in the majority of instances, may impose inappropriate
preregulations and rigidities upon the development or redevelopment
of parcels or areas which lend themselves to an individual, planned
approach.
B.
Authority. The Town Zoning Map may be amended from time to time,
by local law duly enacted by the Town Board, to provide for planned
unit development (PUD) districts.
(1)
The provisions of this article establish special procedures
for amending the Town Code and zoning map to permit the mapping of
planned unit development districts and should be read in conjunction
with those articles establishing district regulations.
A.
A planned unit development district may be mapped on the zoning map by the adoption of a local law by the Town Board, simultaneously with approval of a preliminary planned unit development plan in accordance with Article XVIII of this chapter.
B.
In planned unit development districts, land and buildings may be
used for any lawful purposes, as determined by the Town Board upon
recommendation by the Planning Board in the course of its review of
the applicable preliminary and final planned unit development plans,
and subject to the limitations and procedures of this article. No
building or structure shall be erected, nor shall any land, building,
or structure be used in any planned unit development district until
approval of a final planned unit development plan is issued by the
Town Board. No uses, buildings, or structures which deviate from the
approved final planned unit development plan or are inconsistent with
the comprehensive plan or the community character shall be allowed.
The approval of a final planned unit development plan establishes
the zoning regulations for the subject property, and building permits
shall not be issued unless in conformity with the final planned unit
development plan.
C.
Unless waived by the Town Board, a planned unit development district
shall be comprised of at least 20 acres of land. Subsequent subdivision
of the property will not affect the zoning provisions.
D.
One of the Town's primary goals in authorizing planned unit
development is the preservation of open space. For any PUD zoning
district, 20% of the site shall be usable open space. The preservation
of open space is an important goal, with the particular requirements
determined in the evaluation of the preliminary planned unit development
plan. Open space may include walkways, plazas, landscaped areas, and
recreation areas. Parking areas and vehicle access facilities shall
not be considered in calculating open space.
E.
The applicant shall provide for and establish a perpetual organization
for the ownership and maintenance of any common property in the planned
unit development district. Such organization, which shall be established
prior to any permits being issued, shall not dispose of any common
property by sale or otherwise except to dedicate such property to
the Town for public use, but nothing in this code shall require such
dedication nor require the Town to accept any dedication of land.
F.
At the time of application, preliminary planned unit development
plan approval, and final planned unit development plan approval, through
the completion of construction of all improvements, ownership and/or
control of the development shall be in the hands of one entity, except
that for each phase, if a project is done in phases, properties may
be sold for completed phases, provided single control shall be maintained
over each phase until the final planned unit development plan is approved
and construction completed.
G.
Compliance with the New York State Environmental Quality Review Act
("SEQRA"). During its review and prior to the approval of a preliminary
planned unit development plan pursuant to this article, the Town shall
comply with the provisions of SEQRA.
H.
Coordination with subdivision regulations and site plan requirements.
(1)
Subdivision review. If the applicant proposes the sale of lots as part of the planned unit development, the subdivision review will be carried out simultaneously with the review of the preliminary planned unit development plan, and the subdivision review conducted in any planned unit development district shall be conducted in accordance with Chapter 185, Subdivision of Land.
(2)
Preliminary and final plats. The plans required under this article
must be submitted in a form that will satisfy, when applicable, subdivision
requirements for preliminary and final plats.
(3)
Subdivision standards. The dimensional regulations, including
but not limited to lot area, coverage, height, and yard setbacks,
are hereby replaced by an approval process in which the Town Board,
after consultation with and recommendation by the Planning Board,
shall determine appropriate land use intensity and/or dwelling unit
density for individual projects within the PUD as they are proposed.
The determination shall be thoroughly documented, including all facts,
opinions and judgements justifying the selection.
(4)
The final planned unit development plan shall serve as the site
plan under this chapter.
I.
Ownership and management. The tract of land or combination of lands
under application for consideration for a planned unit development
may be owned, leased, or controlled either by a single person or corporation
or by a group of individuals or corporations. An application must
be filed by the owner or jointly by the owners or their agent(s) of
all property included in the project. In the case of multiple ownership,
the approved plan shall be binding upon all property owners, and such
owners shall provide written certification of such binding agreements.
All land included for the purpose of development within a PUD shall
be owned by or be under the complete control of the applicant for
such PUD, whether the applicant be an individual, partnership, corporation,
or other entity, and shall be planned and developed as a whole in
a single development operation or a definitely programmed series of
development operations or phases. The applicant shall provide to the
Office of Planning and Development all of the necessary documents
and information that may be required by the Town Attorney to assure
that the development project may be lawfully completed according to
the plans sought to be approved and shall be binding upon all property
owners, with written certification of such binding agreement(s).
J.
Permissible and prohibited uses. Planned unit developments may include
a mix of uses including commercial, residential, light industrial,
and public uses of a variety and type such that may be deemed appropriate
by the Town Board. Such approved uses shall be stated in the authorizing
resolution of the PUD. The following uses shall be prohibited in any
PUD:
K.
Public benefits. Applicants shall provide for one or more the following
public benefits towards justification of the proposed project and
shall offset any identified adverse impact(s).
(1)
Acquisition and/or construction of a new Town park or recreational
facility.
(2)
Improvements or rehabilitations to existing Town parks or recreational
facilities.
(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.
(4)
Utility extensions that provide additional service connection
opportunities to other potential users to a degree that the Town Board
deems acceptable.
B.
Preliminary planned unit development plan review procedures. The
procedure for the review of a preliminary planned unit development
plan shall be as follows:
(1)
Applicants may request a preapplication meeting with Town officials
to review proposed planned unit development concept plans.
(2)
The owner of the land (or agent thereof, hereafter referred to as the "owner") shall apply in writing to the Town Board for a rezoning to create a planned unit development district and preliminary planned unit development approval. Said application shall include information as described in the site plan review regulations contained in Article XXIII, § 215-152.
(3)
Upon confirmation from the Office of Planning and Development
that all fees have been paid, the Town Board and its advisers shall
refer the project to the Development Services staff for its review
for completeness, and if complete, or upon receiving the additional
information necessary to make the application complete, refer the
application to the Planning Board for review. The Town Board or Planning
Board, at the time of initial review, may determine within its sole
discretion that the proposed planned unit development plan is not
in accordance with the goals and plans of the Town or otherwise not
in the public interest, and deny the application without further review.
(4)
If applicable, a full copy of the application materials, including
a copy of the application and EAF, shall be forwarded to the Erie
County Department of Environment and Planning in accordance with the
General Municipal Law.
(5)
The Planning Board shall review the application with the owner
to determine if it meets the standards of this article. The Planning
Board may recommend amendments to the preliminary planned unit development
plan as are deemed reasonably necessary to protect natural resources,
limit impacts, protect the established or permitted uses in the vicinity
and to promote the orderly growth and sound development of the Town.
(6)
In making its recommendation on the proposed development and
changes, if any, the Planning Board shall consider the following factors:
(a)
Conformity with the Town's Comprehensive Land Use Plan.
(b)
The need for the proposed land use in the proposed location.
(c)
The existing character of the neighborhood in which the uses
will be located and the redevelopment goals as stated in redevelopment
plans prepared by the Town.
(d)
The pedestrian circulation and open space in relation to structures.
(e)
The traffic circulation features within the site and the amount,
location and access to automobile parking areas, and the impact of
the proposal on existing transportation systems.
(f)
The adequacy of the proposed public/private utilities, including
water supply, sewage treatment and stormwater drainage facilities.
(g)
The height and bulk of buildings and their relation to other
structures in the vicinity.
(h)
The proposed location, type and size of display signs, driveways
and/or loading zones and landscaping.
(i)
The safeguards provided to minimize possible detrimental effects
of the proposed use on adjacent properties and the neighborhood in
general.
(j)
Impacts on the neighborhood, including preservation of resources,
open space, and recreational activities, especially the preservation
of important viewsheds.
(k)
Economic benefits and costs.
(l)
Such other matters as the Planning Board may consider pertinent.
(7)
As part of the preliminary planned unit development review,
the Town Board shall prepare a proposed local law for the creation
of a planned unit development district. The proposed local law shall
follow the format of a model law provided by the Town Board, and any
recommendations of the Planning Board may then be incorporated into
the proposed local law by the Town Board.
(8)
The Planning Board shall recommend approval, approval with modifications
or conditions, or disapproval of the application, and shall make its
recommendation to the Town Board within 62 days after referral to
the Planning Board, unless mutually extended by the applicant and
the Planning Board.
(9)
The Town Board shall hold a public hearing on the proposed rezoning
(draft local law) and preliminary planned unit development plan with
public notice as provided by law as in the case of an amendment to
a zoning law. The Town Board, in reaching its decision on the proposal,
should consider the standards of this section, and any other factors
it deems reasonable.
(10)
Upon receipt of the Planning Board's recommendation, or
62 days after referring the application to the Planning Board, whichever
is later, the Town Board may act on the application by approving,
approving with conditions, or disapproving the application. The Town
Board may attach to its approval any additional conditions or requirements
it feels are necessary to fully protect the public health, safety,
and welfare of the community.
(11)
Any conditions imposed by the Town Board shall run with the
land and shall not lapse or be waived as a result of any subsequent
change in the tenancy or ownership of any or all of said area.
(12)
If the Town Board denies the application, it shall state its
reasons in writing.
(13)
If after one year from date of a preliminary planned unit development
plan approval a final planned unit development plan approval has not
been received, or if after one year from date of a final planned unit
development plan approval substantial site work has not begun, the
approvals given under the terms of this article shall terminate. The
land shall remain zoned as a planned unit development district until
removed by subsequent adoption of a local law by the Town Board, but
no building permits may be issued or construction activity occur until
a new or amended final planned unit development plan approval is approved
pursuant to the provisions of this article. However, the applicant
may, for valid reasons, request an extension of time from the Town
Board from these deadlines, which may be granted in the sole discretion
of the Town Board.
(14)
Final planned unit development plans and issuance of permits.
(15)
Final planned unit development plans. Any final planned unit
development plans shall be in substantial conformance with the preliminary
planned unit development plans. Prior to the issuance of any permits
for the erection or enlargement of any buildings within an planned
unit development district, final precise site and elevation plans
for all buildings and landscaping within the district or approved
phase of the development, shall be submitted to the Planning Board
for review and recommendation to the Town Board. If the initial application
for approval of a preliminary planned unit development plan included
final precise plans for the complete development, building permits
may be issued in accordance with those plans. In connection with the
review of final planned unit development plans, deviations in any
of the conditions previously established may be authorized pursuant
to the provisions of this chapter.
(16)
Final planned unit development plan approval. If the preliminary planned unit development plan did not include all details, or if the applicant wishes to construct in phases or to modify the preliminary planned unit development plan, including modifying conditions, final planned unit development plans, with all required detail, shall be submitted, as required in final site plan review section of Article XXIII.
(17)
Final planned unit development plans shall be submitted to the
Town Board. If the proposed final planned unit development plan deviates,
in the Town Board's determination, significantly from the preliminary
planned unit development plan, the Town Board may elect to treat the
proposed final planned unit development plan as an amended preliminary
planned unit development plan, and restart the Planning Board review
and public input process and reconsideration of a new preliminary
and/or final planned unit development plan, or relevant portion thereof.
Changes/deviations that may be considered significant or substantial
shall include, but not be limited to, the following:
(a)
Changes in traffic patterns, access or circulation, including
vehicular or pedestrian, or road standards.
(b)
An increase in density.
(c)
Changes in building height.
(d)
Reductions of proposed open space and/or buffering/screening
of adjacent properties.
(e)
Changes in total bedroom counts of more than 5%.
(f)
Changes in bedroom mixes of more than 5%.
(g)
Changes in the development schedule.
(h)
Changes in the final governing agreements, provisions, or covenants,
or increased impacts on natural features.
(i)
Changes in phasing, if applicable.
(j)
Changes in proposed use or mix of uses, especially to more intensive
uses (e.g., impact to traffic, land coverage, any other impacts to
other elements listed).
(18)
Permits. Except as approved by the Town Board, no permit shall
be issued for grading, or for the erection, enlargement, or maintenance
of buildings or structures in a planned unit development district,
and no person shall perform any such development or construction work,
except in full compliance with the final development plans approved
as herein provided.
