[Amended 6-14-2006 by L.L. No. 4-2006; 7-13-2022 by L.L. No. 4-2022; 11-9-2022 by L.L. No. 7-2022]
The zoning districts listed below are hereby
established, and the Town of Ramapo is divided into the districts
listed:
Symbol
|
Title/Description
|
---|
RR-160
|
Residential District (160,000 square feet per
lot)
|
RR-80
|
Residential District (80,000 square feet per
lot)
|
RR-50
|
Residential District (50,000 square feet per
lot)
|
R-40
|
Residential District (40,000 square feet per
lot)
|
R-40A
|
Same as R-40 but mixed lot sizes
|
R-35
|
Residential District (35,000 square feet per
lot)
|
R-25
|
Residential District (25,000 square feet per
lot)
|
R-15
|
Residential District (15,000 square feet per
lot)
|
R-15A
|
Same as R-15 but accessory apartments permitted
by right
|
R-15MR
|
Mixed residential (mixed lot sizes)
|
R-15C
|
Density Residential Conversion District
|
MR-16
|
Multifamily (maximum 16 units per acre)
|
MR-12
|
Multifamily (maximum 12 units per acre)
|
MR-8
|
Multifamily (maximum eight units per acre)
|
RSH
|
Specialized Housing Residential District
|
NS
|
Neighborhood Shopping District
|
CS
|
Community Shopping District
|
PO
|
Professional Office District
|
LO
|
Laboratory-Office District
|
PI
|
Planned Industry District
|
MU-1
|
Mixed Use (at least 60% commercial and some
residential)
|
MU-2
|
Mixed Use (residential and up to 50% commercial)
|
MU-3
|
Mixed Use (integrated residential and nonresidential use)
|
CC
|
Commercial Corridor District (at least 70% commercial and/or
office uses)
|
[Amended 6-14-2006 by L.L. No. 4-2006]
The boundaries of said districts are hereby
established as shown on the Zoning Map and which, with all explanatory
matter thereon, is hereby adopted and made a part of this chapter.
A copy of said map, indicating the latest amendments, shall be kept
up-to-date in the offices of the Town Clerk and the Department of
Building, Planning and Zoning for the use and benefit of the public.
In determining the boundaries of districts shown
on the Zoning Map, the following rules shall apply:
A. Where a district boundary is shown following a street,
highway, road, right-of-way, the New York State Thruway, any parkway,
a public utility right-of-way, a railroad or a stream or watercourse,
the boundary is respectively the center line of such street, highway,
road, right-of-way, thruway, parkway, public utility right-of-way,
main channel of a stream or watercourse or railroad.
B. Where a district boundary is shown as following a
Town boundary line, a property line, a lot line or a projection of
any one of the same, such boundary shall be such landmarked or monumented
line or projection thereof. If such boundary is shown as separated
from but approximately parallel to any such landmarked or monumented
line or projection thereof, such boundary shall be deemed to be parallel
to any landmarked or monumented line or projection thereof, as the
case may be, at such distance therefrom as shown on the Zoning Map.
If such boundary is shown as separated from but approximately parallel
to any such landmarked or monumented line, such district boundary
shall be deemed to be parallel to the aforesaid center line at such
distance therefrom as shown on the Zoning Map.
C. In the absence of a specified distance being indicated
on the Zoning Map, the distance shall be determined by using the map
scale.
Following the effective date of this chapter:
A. No building shall be erected, moved, structurally
altered, reconstructed or enlarged, nor shall any land or building
be used, designed or arranged to be used for any purpose in any manner
except in compliance with this chapter and all other applicable laws,
together with all rules, requirements and restrictions appurtenant
thereto.
B. No yard, setback or open space required in connection
with any building or use shall be considered as providing a required
yard, setback or open space for any other building or use on the same
or any other lot.
C. No lot shall be formed from part of a lot already
occupied by a building or use unless such building or use, all yards,
setbacks and open spaces connected therewith and the remaining lot
comply with all requirements prescribed by this chapter for the district
in which said lot is located.
D. Any use not permitted by this chapter shall be deemed
to be prohibited. The list of prohibited uses contained in § 376-33
of this chapter shall not be deemed to be an exhaustive list but has
been included for the purposes of clarity and emphasis and to illustrate,
by example, some of the uses frequently proposed that are deemed undesirable
and incompatible and are thus prohibited. Uses identified as special
permit uses shall be deemed prohibited unless a valid special permit
shall be issued by the Town Board or Planning Board.
E. Preexisting uses identified as special permit uses
in this chapter, for which there exists, on the effective date of
this chapter or amendment thereof, a valid certificate of occupancy,
shall not be deemed nonconforming unless such uses are noncomplying
as to the bulk or supplemental regulations of this chapter.
F. No building permit or certificate of occupancy or
certificate of use shall be granted for any use unless the Building
Inspector shall find that the use shall conform to the standards set
forth in this chapter.
G. No land or buildings shall be used in any manner so
as to create any hazard to the public health, peace or comfort or
to hinder the most appropriate use of land in the vicinity.
[Added 7-13-2022 by L.L.
No. 5-2022]
A. Planned unit developments: general regulations.
(1)
Location and size.
(a)
As defined in the Comprehensive Plan, the Town Board may place
a PUD District on any tract of land which may consist of one or more
tax parcels, in common ownership, within the Northeast Corridor of
the Town that are a combined and contiguous minimum of 20 acres within
the Town of Ramapo (lands may be separated by a public or private
road/highway), are accessible by a public street and have been recommended
for PUD development by the Town's Comprehensive Plan. Said tract of
lands shall be under common ownership or control and contain at least
20 acres on March 1, 2021, at the time of application. The minimum
tract size requirement of 20 acres is an inextricable element of a
PUD in Northeast Ramapo, and it is the intent of the Town Board that
development of a PUD in Northeast Ramapo on tracts of less than 20
acres is not in the public interest and is prohibited.
(2)
Permitted uses. All uses permitted within a PUD District shall
be determined by the Town Board pursuant to the preliminary PUD plan
for that district along with any permitted accessory uses. Permitted
use language and required approvals elsewhere in the Zoning Code,
inconsistent with these PUD regulations, shall be not applicable.
(3)
Density. The Town Board shall, at the time of placing the PUD District, establish as part of the preliminary PUD plan the permitted land use intensity, including the number and type of dwelling units, retail, or office space square footage for the PUD District. Such density shall not exceed the maximum allowable density in any zoning district established by Chapter
376 (Zoning), and the FAR shall not exceed the greater of the FAR in the district where the property is located or 50% of the highest FAR in any zoning district in the Town. The MR-16 and R-15C district densities are not applicable for the purposes of maximum density calculations of a PUD. In establishing such density or intensity of use, the Town Board shall consider the availability of central water and sewer infrastructure to serve the PUD.
(4)
Area and bulk requirements. Each application for a PUD will
propose specific area and bulk requirements appropriate for that proposed
development, to be reviewed by the Town Board. A key intent of the
PUD is to allow flexibility to encourage more creative residential,
commercial or mixed use development. The specific area and bulk requirements
shall be determined by the Town Board.
(5)
Subdivision regulations. The Town Board shall, at the time of
placing the PUD District, and after recommendation from the Planning
Board, establish as part of the preliminary PUD plan the road widths
and specifications applicable for the PUD District. To the extent
that the PUD District and the preliminary PUD plan approval shall
conflict with any other requirement within the Zoning Code or subdivision
regulations, the PUD District and the preliminary PUD plan approval
shall control. Any road widths and specifications shall be consistent
with minimum requirements of applicable building and fire codes. The
Planning Board shall have the power to waive the requirements of the
Town's subdivision regulations, as needed, to assure consistency with
the preliminary PUD plan approval by the Town Board.
(6)
Common property in a PUD District. Common property in a PUD
District may consist of a parcel or parcels of land, together with
improvements thereon, the ownership, use and enjoyment of which are
shared by the individual lot owners and/or occupants of the PUD District.
When common property exists, the developer shall enter into an agreement
with the Town of Ramapo which the homeowners' association shall be
subject to, provided that, in the event that the homeowners' association
or any successor organization shall, at any time after approval of
the development, fail to maintain the common land or any improvements
thereon in reasonable order or condition in accordance with the approved
plan, the Town of Ramapo may serve written notice upon such legal
entity or successor organization or upon the property owners within
the development, setting forth the manner in which the association
has failed to maintain the common land or any improvements thereon,
which said notice shall include a demand that such deficiencies be
corrected within a designated time frame. If the deficiencies are
not corrected within the designated time frame, the Town of Ramapo,
in order to preserve the taxable values of the property within the
development and to prevent the common land and improvements thereon
from becoming a public nuisance, may, but shall not be obligated to,
enter upon said common land and improve and maintain the same until
such time as the Town Board shall determine that the homeowners' association
is ready and able to maintain the common land and improvements in
proper condition. Said entry and maintenance shall not vest in the
public any rights to use the common land or improvements except when
the same is voluntarily dedicated to the public by the homeowners'
association and the offer of dedication is accepted by the Town Board.
The decision of the Town of Ramapo with respect to the action described
in this subsection shall constitute a final administrative decision
subject to review in accordance with the provisions of Article 78
of the Civil Practice Law and Rules. The cost to the Town of Ramapo
of any such maintenance shall be assessed against the properties within
the subdivision, and, in the event of the failure or refusal of any
such property owner to pay any such charges when due, the unpaid amount
thereof shall become a lien against that person's property and, together
with interest from the due date thereof, shall be included in the
annual tax levy of the Town of Ramapo upon such property for each
such fiscal year, and the amount so levied shall be collected in the
same manner as other Town taxes. For the purpose of this subsection,
"common property" shall include both the land and any private facilities
and/or improvements located thereon, including but not limited to
private streets, driveways, infrastructure, parking areas, open space,
and recreation areas.
B. Planned unit development process.
(1)
Application. Application for establishment of a PUD District
and preliminary PUD plan shall be made in writing to the Town Board
and on the applicable forms. Application shall be made by the owner(s)
of the land(s) to be included in the district or by a person, by a
contract vendee or by persons holding an option to purchase the lands
contingent only upon approval of the application for the change of
zone. In the event an application is made by a person or persons holding
an option to purchase the lands, the application shall be accompanied
by a statement signed by all owners of such land indicating concurrence
with the application and agreeing to be responsible for payment of
reasonable fees incurred by the Town in connection with its review
of the PUD rezoning request.
(a)
The Town Board retains absolute discretion to approve or deny
a PUD application for any reason and reserves the right to refuse
to entertain an application for any reason. If the Town Board determines
an application does not warrant consideration, it shall promptly provide
the applicant with written notice of that determination and no further
action on the application will be taken. The applicant may submit
a revised application for consideration.
(b)
Upon receipt of an application, the Town Board may refer the
application to the Town's Community Design Review Committee (CDRC)
and/or the Town Planning Board to assist it in assessing the completeness
of information submitted. The CDRC and/or Planning Board shall review
the application as requested by the Town Board at their respective
next scheduled meeting(s) and promptly advise the Town Board of their
findings, as requested.
(2)
Application materials, PUD District and Preliminary District
Plan. The applicant shall submit the following to the Town Board:
(a)
Application form and associated fee;
(b)
State Environmental Quality Review Act ("SEQRA") Full Environmental
Assessment Form ("EAF");
(c)
A narrative description of the project setting forth its purpose,
desirability, and impact on the area in which the project is proposed,
as well as its projected effect on the Town in general, paying particular
attention to schools, traffic, population, utilities, aesthetics,
recreation, taxes, and compatibility with neighborhood character.
(d)
The text of the local law required to enact and place the proposed
PUD zoning district over a subject property. This shall include a
map and metes and bounds description of the proposed PUD District.
(e)
A survey of the property, showing existing site features, including
regulated wetlands, water features, mapped floodplains, slopes in
excess of 15% grade, contours five feet or less, buildings, structures,
streets, utility and other easements, rights-of-way and land uses
within 500 feet.
(f)
Information on the intended construction sequence for buildings,
roads, parking areas and landscaping.
(g)
Subdivision plat, where applicable, indicating lots to be divided
and related rights-of-way, easements, and other agreements.
(h)
A preliminary PUD plan for development of the district, drawn
approximately to scale, though it need not be to the precision of
a finished engineering drawing, clearly showing the following:
[1] The approximate location and dimensions of proposed
principal and accessory residential buildings on the site, their relationship
to one another and to other structures in the vicinity, as well as
the number of dwelling units by housing type, size, and number of
bedrooms.
[2] The location, scale, approximate dimensions, floor
area, and type of any principal and accessory commercial, office,
retail, service, or other nonresidential use proposed for the site
and its relationship to residential uses and adjoining properties.
[3] The approximate location, layout, and dimensions
of vehicular traffic circulation features of the site, including proposed
roadways, internal driveways, parking and loading areas and proposed
access to the site.
[4] The approximate location, type, layout, and nature
of proposed pedestrian circulation systems on the site.
[5] The proposed location, type and layout and approximate
size of playgrounds, recreational areas, parks, trails, and open space
proposed for the site and the general location of such facilities
in respect to the proposed buildings to be erected on the site.
[6] The approximate height, bulk and intended use of
buildings on the site and an architectural concept plan prepared in
sufficient detail to show the mass, form, and general architectural
style of proposed buildings on the site and their compatibility with
nearby land uses.
[7] Proposed concept plan for landscaping, tree preservation
and/or for buffering to adjacent properties.
[8] The proposed source of water supply and preliminary
proposal of how it will be brought to the site, including a preliminary
plan for distribution within the development.
[9] A preliminary plan for the collection and disposal
of sanitary wastes from the site and preliminary plan for distribution
within the development.
[10] A preliminary stormwater management plan and for
the property, showing the proposed stormwater collection and management
system concept, including discharge points and provisions intended
for stormwater compliance pursuant to NYSDEC regulations.
[11] A description of sustainable energy measures that
have been considered and included in the preliminary PUD plan.
[12] A preliminary site grading plan using contour
intervals of five feet or less.
[13] Approximate location of land to be dedicated to
the Town.
[14] Preliminary identification of areas that will
be disturbed by project implementation and areas that will remain
undisturbed.
[15] Other information as may be required by the Town
Board or Planning Board.
(i)
A vicinity map showing the proposed use in relation to existing
zoning and land use within 1/4 mile of the site.
(3)
PUD District and preliminary PUD plan review.
(a)
Complete application/referral. After the Town Board has deemed
the application complete, including having addressed SEQRA requirements,
the Town Board shall refer the PUD District and preliminary PUD plan
application to the Town of Ramapo Planning Board for review and recommendation.
The Town Board shall also refer the PUD District and preliminary PUD
plan application to the Rockland County Department of Planning if
required pursuant to New York State General Municipal Law. The Town
Board shall also refer the PUD District and preliminary PUD plan application
to agencies with permitting authority or who maintain facilities within
500 feet of the proposed action.
(b)
Planning Board referral and recommendation. In its referral
review of the application, the Planning Board may suggest to the Town
Board such changes in the PUD District and preliminary PUD plan it
believes necessary or desirable to meet the requirements of the PUD
regulations, to promote the objectives of the Comprehensive Plan,
to protect the established or permitted uses in surrounding neighborhoods,
and/or to promote the orderly growth and sound development of the
Town. The Planning Board shall review the PUD District and preliminary
PUD plan with the applicant and make its written referral recommendations
to the Town Board within 45 days of the referral being made by the
Town Board. Upon receipt of the Planning Board recommendations by
the Town Board, the Town Board will consider these recommendations.
(c)
State Environmental Quality Review Act ("SEQRA"). The Town Board
shall seek to serve as lead agency pursuant to 6 NYCRR 617 for review
of all PUD applications. The lead agency shall ensure that the application
is circulated to all involved agencies pursuant to the SEQRA regulations.
A public hearing on the PUD District and preliminary plan shall not
occur until a negative declaration has been issued, or until a draft
environmental impact statement has been accepted by the lead agency
as satisfactory with respect to scope, content and adequacy. Where
the PUD has been the subject of generic environmental impact statement
("GEIS") associated with an amendment to the Comprehensive Plan, the
lead agency shall determine whether the GEIS adequately addresses
the potential for significant adverse effects attributed to the proposed
PUD based on the EAF Part 2, or whether a supplemental environmental
impact statement is needed to address any specific significant adverse
impacts not previously considered.
(d)
PUD District and preliminary PUD plan public hearing. Within
45 days after the Town Board has deemed the application complete,
as set forth above, and prior to acting on a zoning amendment to create
a PUD District, the Town Board shall hold a public hearing on such
proposed PUD District and preliminary PUD plan. Such public hearing
shall be conducted in accordance with the requirements in Zoning Code
§ 376-172 and, if applicable, SEQRA notice requirements
for a public hearing on a DEIS.
(e)
PUD District and preliminary PUD plan determination. Within
90 days after the Town Board has closed the public hearing on the
PUD application, the Town Board shall act to approve, approve with
modifications and/or conditions or deny the PUD District zoning amendment
and the preliminary PUD plan, and, if approved, amend the local law
or zoning ordinance to establish and map a PUD District.
(f)
Criteria for PUD District and preliminary PUD plan approval.
The Town Board shall consider the extent to which, consistent with
the intent and objectives of the PUD regulations, the proposed PUD
District and preliminary PUD plan shall meet the following criteria:
[1] That the proposal is consistent with the objectives
of the Town Comprehensive Plan, as amended.
[2] That the proposal meets the intent and objectives
of a planned unit development as expressed in this section.
[3] That the proposal complies with the general requirements
listed above in this section.
[4] That the uses proposed shall be planned and designed
so as to minimize land disturbance and, to the extent practicable,
not be detrimental to the natural characteristics of the site or adjacent
land uses.
[5] That each phase of the development, as it is proposed
to be completed, contains a sufficient amount of parking facilities,
landscaping, and utilities necessary to create and sustain each phase
independently; provided, however, where applicable, that due consideration
be given to reciprocal easements and operating agreements that may
be required.
[6] That the proposal is conceptually sound in that
it meets local and regional needs and that the proposed roadways,
pedestrian system, land use configuration, open space system, stormwater
management system and other site infrastructure, and scale of those
elements shall function singly and cumulatively and conform to accepted
design principles.
[7] That there are adequate services and utilities
available or proposed to accommodate each phase of the development.
[8] That the existing transportation network, along
with any proposed mitigation, will sufficiently handle all traffic
generated by the proposal.
(g)
General design criteria. Projects seeking PUD District approval
shall incorporate the following site and architectural design to the
satisfaction of the Town Board. Key elements to consider are: existing
attractive architectural character of the neighborhood/district; continuity
of building scale and architectural massing; transition to adjacent
developments; treatment of the street-level and upper level architecture
detailing; rhythm of windows and doors; relationship of the buildings
to public spaces such as streets, plazas, other open space, and public
parking. Design shall consider the following:
[1] Encourage compatibility between residential and
commercial uses where existing residential zones abut commercial zones.
[2] The variety of active uses should be complemented
with facades that are articulated with a variety of depths and materials
along the pedestrian ways.
[3] Create a network of active spaces and avoid disconnected
spaces.
[4] Design rooftops for visual interest and screening
of mechanical equipment.
[5] Achieve compatible building styles and design and
avoid incompatible elements.
[6] Create streetscapes that include appropriate, unified
site furniture to encourage pedestrian activity, avoiding bleak streetscapes
that discourage walking.
[7] The design treatments for the area should include
details and materials that promote interest for users and visitors.
[8] Encourage incorporation of LEED design or similar
green or sustainability initiatives.
(h)
Preliminary PUD plan approval. The Town Board may, if it believes
it necessary to fully protect the health, safety, and general welfare
of the community, attach to its PUD District and preliminary PUD plan
approval additional conditions or requirements the applicant must
meet to mitigate potential impacts to the surrounding neighborhood
or community to the extent practicable or to provide a public benefit
as a result of the project. Such requirements may include but are
not limited to:
[1] Visual and/or acoustical screening;
[3] Schedule of construction and occupancy;
[4] Pedestrian and vehicular circulation system;
[5] Parking and snow removal;
[6] Sites for public services;
[7] Protection of natural and/or historical features;
[9] Parks, recreation and/or open space;
[11] Area and bulk requirements;
[12] Visual and/or acoustical screening and buffers
to the extent practicable; and
[13] Such other requirements for development of the
PUD District that the Town Board deems appropriate.
(i)
Preliminary PUD plan approval phasing. The Town Board may approve
the preliminary PUD plan by identifying phases of construction, and
the applicant may then seek final PUD plan approval from the Planning
Board for each phase individually. Prior to receiving the Planning
Board Chairman's signature on the final PUD plan/site development
plan review as noted below, the applicant must ensure that all infrastructure
necessary to allow that phase to operate properly will be provided
or bonded.
(4)
Final PUD plan review/site development plan review. Following approval of the PUD District and preliminary PUD plan approval by the Town Board, the applicant shall submit to the Planning Board (the "authorized board or body") a final PUD plan/site development plan for its review and approval. Unless stated to the contrary below, this section shall replace any requirement for a PUD development to obtain separate site development plan approval pursuant to Article
IX of this chapter.
(a)
The final PUD plan/site development plan application requirements shall include those application documents required by Article
IX of this chapter and by the site development plan regulations adopted by the Planning Board.
(b)
Public hearing. The final PUD plan/site development plan application
shall be subject to a public hearing before the Planning Board. Where
a subdivision of lots is proposed as part of a final PUD plan/site
development plan, the Planning Board shall also consider the preliminary
subdivision plat in conjunction with the public hearing on the final
PUD plan/site development plan. Such public hearing shall be conducted
in accordance with the requirements in New York Town Law § 276,
Subdivision 5(e)(ii).
(c)
The Planning Board shall refer the final PUD plan/site development
plan application to the Rockland County Planning Department if required
pursuant to New York General Municipal Law § 239-m.
(d)
The Planning Board shall consider the following in reviewing
the final PUD plan/site development plan application:
[1] The final PUD plan/site development plan must be
generally conform to the requirements of the PUD District and preliminary
PUD plan approval.
[2] All conditions imposed by the Town Board in granting
the PUD District and preliminary PUD plan approval shall be satisfied,
and incorporated into the final PUD plan/site development plan.
[3] The Planning Board shall ensure that the mitigation
measures identified in the applicable environmental review pursuant
to this section have been incorporated into the final PUD plan/site
development plan.
[4] The final PUD plan/site development plan must satisfy
the objectives in Zoning Code § 376-91.
(5)
Subdivision approval. If the proposed final PUD plan/site development
plan involves a land division or the subdivision of land, subdivision
approval by the Planning Board, as noted below, shall be required.
The Planning Board shall conduct its review of an application for
subdivision approval coincident with its review of an application
for final PUD plan/site development plan. A subdivision proposed within
the contact of a PUD shall follow the below process. To the extent
that these PUD regulations conflict with the Town's subdivision regulations,
the PUD regulations and this section shall control.
(a)
The applicant shall provide a preliminary subdivision plat application
to the Planning Board, the contents of which shall conform to the
requirements of the subdivision regulations. The preliminary subdivision
need only reflect that land division required for the phases seeking
final PUD plan/site development plan approval.
(b)
Simultaneously with Subsection
B(4)(c) above, the Planning Board shall refer the subdivision application to the Rockland County Department of Planning if required pursuant to New York General Municipal Law § 239-n and to any other agency to which a referral is required.
(c)
Simultaneously with Subsection
B(4)(b) above, the Planning Board shall hold a public hearing on the preliminary subdivision plat and the final PUD plan/site development plan. Such public hearing shall be conducted in accordance with the requirements in New York Town Law § 276, Subdivision 5(e)(ii).
(d)
The Planning Board shall consider the following when reviewing
preliminary subdivision approval:
[1] The preliminary subdivision plat must be consistent
with the requirements of the PUD District and preliminary PUD plan
approval.
[2] All conditions imposed by the Town Board in granting
the PUD District and preliminary PUD plan approval shall be satisfied
and incorporated into the preliminary subdivision plat.
[3] The Planning Board shall ensure that the mitigation
measures identified in the applicable environmental review pursuant
to this section have been incorporated into the preliminary subdivision
plat.
If appropriate, the Planning Board shall issue preliminary subdivision
approval, with conditions if necessary. Once all preliminary subdivision
approval conditions have been satisfied, the applicant shall submit
a final subdivision plat for approval by the Planning Board in accordance
with the final plat provisions of subdivision regulations. If the
final subdivision plat submitted is substantially consistent with
the approved preliminary subdivision plat, the second public hearing
may be waived. Once approved, the final subdivision plat shall be
filed in the office of the Rockland County Clerk in compliance with
subdivision regulations and New York Town Law.
The applicant shall submit a final subdivision plat for approval
within 180 days of an approved preliminary subdivision plat approval
unless an extension is granted by the Planning Board.
(e)
Performance surety. The Planning Board may require the applicant
to furnish a surety in connection with the construction involved in
the preparation of the building project site and/or in connection
with construction of public roadways or improvements. The amount of
such surety, and the amount of any liability insurance to be furnished,
shall be determined by the Planning Board and acceptable in form to
the Town Attorney. In addition, as applicable, the Planning Board
may also require title insurance and offers of dedication, presentation
of map in final form conforming to all conditions of approval, payment
of all review fees, posting of inspection fees, and payment of recreation
fees.
(f)
Final PUD plan approval/site development plan approval. The
Planning Board's determination on the final PUD plan/site development
plan and subdivision (if necessary) shall be filed in the office of
the Clerk within five business days after such decision is rendered,
and a copy thereof mailed to the applicant. Once all conditions of
the final PUD plan approval have been satisfied, the Planning Board
Chair may sign the final PUD plan/site development plan.
(g)
Final PUD plan approval and site development plan expiration.
The final PUD/site development plan approval shall expire two years
from the date of the approval resolution unless a building permit
has been issued. The applicant may seek a one-year extension from
the Planning Board. More than one extension request may be considered.
(h)
Reversion. 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 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 District designation, and this reversion
shall be noted on the Official Zoning Map of the Town.
(6)
Request for PUD changes.
(a)
Planning Board authority. If in the final PUD plan it becomes
apparent that certain elements of the final PUD plan do not conform
to the PUD District/preliminary PUD plan approval, as it has been
approved by the Town Board, or where it is shown that certain elements
of the PUD District/preliminary PUD plan approval are unfeasible and
in need of modification, the applicant shall present the proposed
changes to the Planning Board. The Planning Board shall then determine
whether or not the proposed modifications to the PUD District/preliminary
PUD plan approval are a substantial departure from the zoning amendment
that established the PUD District, or whether the modifications are
still in keeping with the intent of the zoning amendment that established
the PUD District.
[1] If the Planning Board finds that the proposed modifications
are not in substantial conformance with the PUD District/preliminary
PUD plan, the Planning Board shall inform the applicant what modifications
are necessary to achieve substantial conformance with the PUD District/preliminary
PUD plan. The applicant may then, if it wishes, either modify the
PUD plan that has been submitted in conformance with the approved
PUD District/preliminary PUD plan approval or apply to the Town Board
for an amendment to the district plan.
[2] If the Planning Board finds that the proposed modifications
are in substantial conformance with the PUD District/preliminary PUD
Plan approval, the Planning Board may approve said modifications as
part of its final PUD plan approval, provided that the Board makes
written findings identifying the approved modifications and the justification
for each. In considering the proposed modifications, the Planning
Board shall consider whether additional SEQRA assessment is warranted
and, if needed, undertake such review prior to acting on the requested
modifications.
(b)
Town Board application. Nothing contained in the preceding subsections
shall prevent an owner/applicant from making application directly
to the Town Board for an amendment to the district plan. Said applications
should be reserved for significant changes in concept and design of
the PUD District/preliminary PUD plan approval. Applications to the
Town Board for amendment of an approved district plan shall be processed
in the manner of the original application that established the PUD
District/preliminary PUD plan approval.