The purpose of a Planned Unit Development District
is to permit establishment of areas in which diverse uses may be brought
together in a compatible and unified plan of development which shall
be in the interest of the general welfare of the public. The PUD is
intended to promote site design and land use flexibility not feasible
in other zoning districts. In Planned Unit Development Districts,
land and structures may be used for any lawful purpose in accordance
with the provisions set forth herein.
A.
Objectives. In order to carry out the purpose of this
section, planned unit developments (PUDs) shall promote and accomplish
the following objectives:
(1)
Provide a choice of environments, housing types, lot
sizes and community facilities available within a planned neighborhood;
(2)
Provide usable open space and recreation areas, and
conserve natural resources and outstanding landscape features;
(3)
Provide for conveniently located accessory commercial
and service areas;
(4)
Allow orderly transition of uses through creative
development of land and related infrastructure;
(5)
Utilize land efficiently by creating less extensive
networks of utilities and streets;
(6)
Create a land use and development pattern consistent
with the goals, objectives and policies of the Town Comprehensive
Plan;
(7)
Create more desirable living, shopping and working
environments than would be possible without applying the provisions
of this section.
B.
General requirements.
(1)
No area of less than 15 contiguous acres may be zoned
as a PUD District.
(2)
The entire area of the proposed PUD District shall
be owned or controlled by the same entity at the time of zone change.
(3)
The allowed uses and respective areas shall be determined
by the Town Board upon creation of the district. A minimum of 60%
of the total area shall be residential uses. The remainder of the
district may contain any other uses.
(4)
The density of allowed uses shall be determined by
the Town Board upon creation of the district.
(5)
Dimensional requirements for the district shall be
as determined and specified by the Planning Board upon site plan approval.
(6)
The Planning Board may, in its discretion, require
that some specified percentage of the residential portion of any planned
unit development be completed before the nonresidential portions of
the development may be developed.
(7)
Signage for the district shall be as determined and specified by the Planning Board and shall conform to the provisions of Article VIII. The applicant may request a change to the allowed signage, in which case it shall demonstrate special circumstances and the Planning Board shall make specific findings to approve such changes in the allowed signage.
(8)
The Planning Board may, in its discretion and upon evaluation of
the present and anticipated future needs for the park and recreational
facilities in the Town based upon projected population growth attributable
to the residential portion of any planned unit development, render
a finding that a proper case exists for requiring that a park or parks
be suitably located for playgrounds or other recreational purposes
within the Town. In the event the Planning Board makes such a finding
but further determines that a suitable park or parks of adequate size
to meet the requirement cannot be properly located within such district,
the Town Board may require a sum of money in lieu thereof, in an amount
to be established by the Town Board. In making a determination of
suitability, the Planning Board shall assess the size and suitability
of lands shown on the site plan which could be possible locations
for park or recreational facilities, as well as practical factors,
including whether there is a need for additional facilities in the
immediate neighborhood. Any moneys required by the Town Board in lieu
of land for park, playground or other recreational purposes shall
be deposited into a trust fund to be used by the Town exclusively
for park, playground or other recreational purposes, including the
acquisition of property.
[Added 4-18-2017 by L.L.
No. 2-2017]
C.
Application and approval procedure.
(1)
Application. All applications for a zone change to
a PUD District shall be initiated at the discretion of the Town Board.
(2)
Concept plan. If the Town Board accepts an application,
such application shall be referred to the Planning Board for its review.
In order to allow the Planning Board and the developer to reach an
understanding on basic design requirements prior to detailed design
investment, the applicant shall submit a concept plan of the proposal
to the Planning Board. The concept plan shall be approximately to
scale, although it need not be to the precision of a finished engineering
drawing, and it shall clearly show the following information at a
minimum:
(a)
Delineation of the proposed district boundary
and the boundaries of the use areas within the district, indicating
for each such use its general extent, size and composition;
(b)
The general outlines of the interior roadway
system and all existing rights-of-way and easements, whether public
or private;
(c)
The interior open space system, if any;
(d)
The overall drainage system;
(e)
If grades exceed 3%, or portions of the site
have soils which have a moderate to high susceptibility to erosion
or a moderate to high susceptibility to flooding and ponding, a topographic
map with contours at intervals of not more than five feet of elevation
shall be provided along with an overlay portraying the above susceptible
soil areas;
(f)
Principal ties to the community at large with
respect to transportation, water supply, and sewage disposal;
(g)
A location map showing zoning and ownership
of abutting lands.
(3)
Additional documentation. The following documentation
shall accompany the concept plan:
(a)
A completed long-form environmental assessment
form (EAF) as specified by the Planning Board and other environmental
information as may be required pursuant to the New York State Environmental
Quality Review Act (SEQR). All known phases of the project shall be
considered in the determination of environmental significance;
(b)
Evidence of the existing and future community
demand for proposed uses;
(c)
Evidence that the proposal is compatible with
the Town's Comprehensive Plan;
(d)
General statement as to how open space is to
be maintained and used;
(e)
If the development is to be phased or sectioned,
a general indication of how the phasing or sectioning is to proceed
and a preliminary schedule. Whether or not the development is to be
phased or sectioned, the concept plan shall show the entire project;
(f)
A statement regarding the availability of water
supply and sewage disposal;
(g)
A general description of the public safety services
which will be required and whether such services are presently available;
(h)
Evidence demonstrating the applicant's competence
to carry out the plan.
(4)
Planning Board review of the concept plan. The Planning
Board shall review the concept plan and its accompanying documents
and shall make a recommendation to the Town Board, within such time
as the Planning Board has deemed adequate. The Planning Board may
call upon any Town department and any other public agencies or private
consultants that it feels are necessary to provide a sound review
of the proposal, the cost of which, if any, shall be borne by the
applicant. The following matters shall be addressed in the referral
report:
(a)
The consistency of the plan with the Town Comprehensive
Plan;
(b)
The consistency of the plan with the purposes
and objectives of a PUD District;
(c)
Whether the plan meets all of the applicable
general requirements;
(d)
Whether the plan is conceptually sound in that
it meets local and area-wide needs and conforms to accepted design
principles in the proposed functional roadway system, land use configuration,
open space system, pedestrian system and drainage system;
(e)
Whether there are adequate services and utilities
available or proposed to be made available for the site;
(f)
Whether the proposed phasing or sectioning,
if any, is feasible and appropriate to the purposes and circumstances
of the project. The Planning Board shall consider whether the phasing
or sectioning proposed will have an adverse impact upon the completion
of the entire project or a negative impact in the event that the entire
project is not completed as contemplated.
(5)
Town Board action. Upon receipt of the Planning Board's
referral report, the Town Board will determine whether to proceed
further with consideration of the application.
(6)
Town Board approval. Establishment of a PUD District is a change to the Zoning Map and shall be undertaken in accordance with the provisions of Article XIII.
(8)
If the Town Board grants the zone change, the Zoning
Map shall be so amended. No permits or other approvals will be issued
until site plan approval has been granted by the Planning Board. If
the applicant fails to obtain site plan approval within 12 months
of the approval date of the zone change by the Town Board, the Planning
Board shall refer the matter to the Town Board and the Town Board
shall consider changing the zoning of the subject property back to
its former zoning district classification.
A.
Objectives. In order to carry out the purpose of this
section, planned office development (POD) shall promote and accomplish
the following objectives:
(1)
Improve employment and business opportunities for
existing and potential Town residents;
(2)
Utilize land more efficiently by creating less extensive
networks of utilities and streets;
(3)
Conserve natural resources and outstanding landscape
features;
(4)
Provide better designed, more appropriately located
open space areas;
(5)
Provide ancillary on-site commercial services for
patrons and on-site workers;
(6)
Create a land use and development pattern consistent
with the goals, objectives, and policies of the Comprehensive Plan;
(7)
Create more desirable office areas than would be possible
without applying the provisions of this section.
B.
General requirements.
(1)
No area of less than seven contiguous acres may be
zoned as a POD District.
(2)
The entire area of the POD District shall be owned
or controlled by the same entity.
(3)
The Table of Land Uses (§ 200-21)[1] indicates the various uses and purposes for which developers
may be authorized to make use of POD Districts, subject to the provisions
of this chapter.
[1]
Editor's Note: The Table of Land Uses by Zoning District is included as an attachment to this chapter.
(4)
Dimensional requirements for the district shall be
as determined and specified by the Planning Board upon site plan approval.
(5)
Signage for the district shall be as determined and specified by the Planning Board and shall conform to the provisions of Article VIII. The applicant may request a change to the allowed signage, in which case it shall demonstrate special circumstances and the Planning Board shall make specific findings to approve such changes in the allowed signage.
C.
Application and approval procedure.
(1)
Application. All applications for a zone change to
a POD District shall be initiated at the discretion of the Town Board.
(2)
Concept plan. If the Town Board determines to allow
an application to be initiated, such application shall be referred
to the Planning Board for its review. In order to allow the Planning
Board and the developer to reach an understanding on basic design
requirements prior to detailed design investment, the developer shall
submit a concept plan of his proposal to the Planning Board. The concept
plan shall be approximately to scale, although it need not be to the
precision of a finished engineering drawing, and it shall clearly
show the following information:
(a)
Delineation of the proposed district boundary
and the boundaries of the use areas within the district, indicating
for each such use its general extent, size and composition;
(b)
The general outlines of the interior roadway
system and all existing rights-of-way and easements, whether public
or private;
(c)
The interior open space system, if any;
(d)
The overall drainage system;
(e)
If grades exceed 3% or portions of the site
have soils which have a moderate to high susceptibility to erosion
or a moderate to high susceptibility to flooding and ponding, a topographic
map with contours at intervals of not more than five feet of elevation
shall be provided along with an overlay portraying the above susceptible
soil areas;
(f)
Principal ties to the community at large with
respect to transportation, water supply, and sewage disposal;
(g)
A location map showing uses and ownership of
abutting lands.
(3)
Additional documentation. The following documentation
shall accompany the concept plan:
(a)
A completed environmental assessment form (EAF)
as specified by the Planning Board and other environmental information
as may be required pursuant to the New York State Environmental Quality
Review Act (SEQR). All known phases of the project shall be considered
in the determination of environmental significance;
(b)
Evidence of the existing and future community
demand for proposed uses;
(c)
Evidence that the proposal is compatible with
the Town Comprehensive Plan;
(d)
A general statement as to how open space is
to be maintained;
(e)
If the development is to be phased or sectioned,
a general indication of how the phasing or sectioning is to proceed.
Whether or not the development is to be phased or sectioned, the concept
plan shall show the entire project;
(f)
A statement regarding the availability of water
supply and sewage disposal;
(g)
A general description of the public safety services
which will be required and whether such services are presently available;
(h)
Evidence demonstrating the applicant's competence
to carry out the plan.
(4)
Planning Board review of the concept plan. The Planning
Board shall review the concept plan and its accompanying documents
and shall make a recommendation to the Town Board within 60 days of
receipt of the referral unless modified by mutual agreement of the
Town Board and the Planning Board. The Planning Board may call upon
any Town department and any other public agencies or private consultants
that it feels are necessary to provide a sound review of the proposal.
The following matters shall be addressed in the referral report:
(a)
The consistency of the plan with the Town Comprehensive
Plan;
(b)
The consistency of the plan with the purposes
and objectives of a POD District;
(c)
Whether the plan meets all of the applicable
general requirements;
(d)
Whether the plan is conceptually sound in that
it meets local and area-wide needs and conforms to accepted design
principles in the proposed functional roadway system, land use configuration,
open space system, pedestrian system and drainage system;
(e)
Whether there are adequate services and utilities
available or proposed to be made available for the site;
(f)
Whether the proposed phasing or sectioning,
if any, is feasible and appropriate to the purposes and circumstances
of the project. The Planning Board shall consider whether the phasing
or sectioning proposed will have an adverse impact upon the completion
of the entire project or a negative impact in the event that the entire
project is not completed as contemplated.
(5)
Town Board action. Upon receipt of the Planning Board's
referral report, the Town Board may then determine in its own discretion
whether to proceed further with consideration of the application.
(6)
Town Board approval. Establishment of a POD District is a change to the Zoning Map and shall be undertaken in accordance with the provisions of Article XIII.
(8)
If the Town Board grants the POD districting, the
Zoning Map shall be so notated. No permits or other approvals may
be issued until the Planning Board has granted site plan approval.
If the applicant fails to obtain site plan approval within 12 months
of the approval date of the POD District by the Town Board, the Planning
Board shall refer the matter to the Town Board and the Town Board
shall consider changing the zoning of the subject property back to
its former zoning district classification.
A.
Objectives. In order to carry out the purpose of this
section, planned commercial development (PCD) shall promote and accomplish
the following objectives:
(1)
Improve employment and business opportunities to existing
and potential Town residents;
(2)
Utilize land more efficiently by creating less extensive
networks of utilities and streets;
(3)
Conserve natural resources and outstanding landscape
features;
(4)
Provide better designed, more appropriately located
open space areas;
(5)
Provide ancillary on-site commercial services for
patrons and on-site workers;
(6)
Create a land use and development pattern consistent
with the goals, objectives, and policies of the Comprehensive Plan;
(7)
Create more desirable commercial areas than would
be possible without applying the provisions of this section.
B.
General requirements.
(1)
No area of less than seven contiguous acres may be
zoned as a PCD District.
(2)
The entire area of the PCD District shall be owned
or controlled by the same entity.
(3)
The Table of Land Uses (§ 200-21)[1] indicates the various uses and purposes for which developers
may be authorized to make use of PCD Districts, subject to the provisions
of this chapter.
[1]
Editor's Note: The Table of Land Uses by Zoning District is included as an attachment to this chapter.
(4)
Dimensional requirements for the district shall be
as determined and specified by the Planning Board upon site plan approval.
(5)
Signage for the district shall be as determined and specified by the Planning Board and shall conform to the provisions of Article VIII. The applicant may request a change to the allowed signage, in which case it shall demonstrate special circumstances and the Planning Board shall make specific findings to approve such changes in the allowed signage.
C.
Application and approval procedure.
(1)
Application. All applications for a zone change to
a PCD District shall be initiated at the discretion of the Town Board.
(2)
Concept plan. If the Town Board determines to allow
an application to be initiated, such application shall be referred
to the Planning Board for its review. In order to allow the Planning
Board and the developer to reach an understanding on basic design
requirements prior to detailed design investment, the developer shall
submit a concept plan of his proposal to the Planning Board. The concept
plan shall be approximately to scale, although it need not be to the
precision of a finished engineering drawing, and it shall clearly
show the following information:
(a)
Delineation of the proposed district boundary
and the boundaries of the use areas within the district, indicating
for each such use its general extent, size and composition;
(b)
The general outlines of the interior roadway
system and all existing rights-of-way and easements, whether public
or private;
(c)
The interior open space system, if any;
(d)
The overall drainage system;
(e)
If grades exceed 3% or portions of the site
have soils which have a moderate to high susceptibility to erosion
or a moderate to high susceptibility to flooding and ponding, a topographic
map with contours at intervals of not more than five feet of elevation
shall be provided along with an overlay portraying the above susceptible
soil areas;
(f)
Principal ties to the community at large with
respect to transportation, water supply, and sewage disposal;
(g)
A location map showing uses and ownership of
abutting lands.
(3)
Additional documentation. The following documentation
shall accompany the concept plan:
(a)
A completed environmental assessment form (EAF)
as specified by the Planning Board and other environmental information
as may be required pursuant to the New York State Environmental Quality
Review Act (SEQRA). All known phases of the project shall be considered
in the determination of environmental significance;
(b)
Evidence of the existing and future community
demand for proposed uses;
(c)
Evidence that the proposal is compatible with
the Town Comprehensive Plan;
(d)
A general statement as to how open space is
to be maintained;
(e)
If the development is to be phased or sectioned,
a general indication of how the phasing or sectioning is to proceed.
Whether or not the development is to be phased or sectioned, the concept
plan shall show the entire project;
(f)
A statement regarding the availability of water
supply and sewage disposal;
(g)
A general description of the public safety services
which will be required and whether such services are presently available;
(h)
Evidence demonstrating the applicant's competence
to carry out the plan.
(4)
Planning Board review of the concept plan. The Planning
Board shall review the concept plan and its accompanying documents
and shall make a recommendation to the Town Board within 60 days of
receipt of the referral unless modified by mutual agreement of the
Town Board and the Planning Board. The Planning Board may call upon
any Town department and any other public agencies or private consultants
that it feels are necessary to provide a sound review of the proposal.
The following matters shall be addressed in the referral report:
(a)
The consistency of the plan with the Town Comprehensive
Plan;
(b)
The consistency of the plan with the purposes
and objectives of a PCD District;
(c)
Whether the plan meets all of the applicable
general requirements;
(d)
Whether the plan is conceptually sound in that
it meets local and area-wide needs and conforms to accepted design
principles in the proposed functional roadway system, land use configuration,
open space system, pedestrian system and drainage system;
(e)
Whether there are adequate services and utilities
available or proposed to be made available for the site;
(f)
Whether the proposed phasing or sectioning,
if any, is feasible and appropriate to the purposes and circumstances
of the project. The Planning Board shall consider whether the phasing
or sectioning proposed will have an adverse impact upon the completion
of the entire project or a negative impact in the event that the entire
project is not completed as contemplated.
(5)
Town Board action. Upon receipt of the Planning Board's
referral report, the Town Board may then determine in its own discretion
whether to proceed further with consideration of the application.
(6)
Town Board approval. Establishment of a PCD District is a change to the Zoning Map and shall be undertaken in accordance with the provisions of Article XIII.
(8)
If the Town Board grants the PCD districting, the
Zoning Map shall be so notated. No permits or other approvals may
be issued until site plan approval has been granted by the Planning
Board. If the applicant fails to obtain site plan approval within
12 months of the approval date of the PCD District by the Town Board,
the Planning Board shall refer the matter to the Town Board and the
Town Board shall consider changing the zoning of the subject property
back to its former zoning district classification.
A.
Objectives. In order to carry out the purpose of this
section, Planned Industrial Districts (InP) shall promote and accomplish
the following objectives:
(1)
Improve employment and business opportunities to existing
and potential Town residents;
(2)
Utilize land more efficiently by creating less extensive
networks of utilities and streets;
(3)
Conserve natural resources and outstanding landscape
features;
(4)
Provide better designed, more appropriately located
open space areas;
(5)
Create a land use and development pattern consistent
with the goals, objectives, and policies of the Comprehensive Plan;
(6)
Create more desirable industrial areas than would
be possible without applying the provisions of this section.
B.
General requirements.
(1)
No area of less than 10 contiguous acres may be zoned
as an InP District.
(2)
The entire area of the InP District shall be owned
or controlled by the same entity.
(3)
The Table of Land Uses (§ 200-21)[1] indicates the various uses and purposes for which developers
may be authorized to make use of InP Districts, subject to the provisions
of this chapter.
[1]
Editor's Note: The Table of Land Uses by Zoning District is included as an attachment to this chapter.
(4)
Dimensional requirements for the district shall be
as determined and specified by the Planning Board upon site plan approval.
(5)
Signage for the district shall be as determined and specified by the Planning Board and shall conform to the provisions of Article VIII. The applicant may request a change to the allowed signage, in which case it shall demonstrate special circumstances and the Planning Board shall make specific findings to approve such changes in the allowed signage.
C.
Application and approval procedure.
(1)
Application. All applications for a zone change to
an InP District shall be initiated at the discretion of the Town Board.
(2)
Concept plan. If the Town Board determines to allow
an application to be initiated, such application shall be referred
to the Planning Board for its review. In order to allow the Planning
Board and the developer to reach an understanding on basic design
requirements prior to detailed design investment, the developer shall
submit a concept plan of his proposal to the Planning Board. The concept
plan shall be approximately to scale, although it need not be to the
precision of a finished engineering drawing, and it shall clearly
show the following information:
(a)
Delineation of the proposed district boundary
and the boundaries of the use areas within the district, indicating
for each such use its general extent, size and composition;
(b)
The general outlines of the interior roadway
system and all existing rights-of-way and easements, whether public
or private;
(c)
The interior open space system, if any;
(d)
The overall drainage system;
(e)
If grades exceed 3% or portions of the site
have soils which have a moderate to high susceptibility to erosion
or a moderate to high susceptibility to flooding and ponding, a topographic
map with contours at intervals of not more than five feet of elevation
shall be provided along with an overlay portraying the above susceptible
soil areas;
(f)
Principal ties to the community at large with
respect to transportation, water supply, and sewage disposal;
(g)
A location map showing uses and ownership of
abutting lands.
(3)
Additional documentation. The following documentation
shall accompany the concept plan:
(a)
A completed environmental assessment form (EAF)
as specified by the Planning Board and other environmental information
as may be required pursuant to the New York State Environmental Quality
Review Act (SEQRA). All known phases of the project shall be considered
in the determination of environmental significance;
(b)
Evidence of the existing and future community
demand for proposed uses;
(c)
Evidence that the proposal is compatible with
the Town Comprehensive Plan;
(d)
A general statement as to how open space is
to be maintained;
(e)
If the development is to be phased or sectioned,
a general indication of how the phasing or sectioning is to proceed.
Whether or not the development is to be phased or sectioned, the concept
plan shall show the entire project;
(f)
A statement regarding the availability of water
supply and sewage disposal;
(g)
A general description of the public safety services
which will be required and whether such services are presently available;
(h)
Evidence demonstrating the applicant's competence
to carry out the plan.
(4)
Planning Board review of the concept plan. The Planning
Board shall review the concept plan and its accompanying documents
and shall make a recommendation to the Town Board within sixty days
of receipt of the referral unless modified by mutual agreement of
the Town Board and the Planning Board. The Planning Board may call
upon any Town department and any other public agencies or private
consultants that it feels are necessary to provide a sound review
of the proposal. The following matters shall be addressed in the referral
report:
(a)
The consistency of the plan with the Town Comprehensive
Plan;
(b)
The consistency of the plan with the purposes
and objectives of an InP Districts;
(c)
Whether the plan meets all of the applicable
general requirements;
(d)
Whether the plan is conceptually sound in that
it meets local and area-wide needs and conforms to accepted design
principles in the proposed functional roadway system, land use configuration,
open space system, pedestrian system and drainage system;
(e)
Whether there are adequate services and utilities
available or proposed to be made available for the site;
(f)
Whether the proposed phasing or sectioning,
if any, is feasible and appropriate to the purposes and circumstances
of the project. The Planning Board shall consider whether the phasing
or sectioning proposed will have an adverse impact upon the completion
of the entire project or a negative impact in the event that the entire
project is not completed as contemplated.
(5)
Town Board action. Upon receipt of the Planning Board's
referral report, the Town Board may then determine in its own discretion
whether to proceed further with consideration of the application.
(6)
Town Board approval. Establishment of an InP District is a change to the Zoning Map and shall be undertaken in accordance with the provisions of Article XIII.
(8)
If the Town Board grants the InP districting, the
Zoning Map shall be so notated. No permits or other approvals may
be issued until the Planning Board has granted site plan approval.
If the applicant fails to obtain site plan approval within 12 months
of the approval date of the InP District by the Town Board, the Planning
Board shall refer the matter to the Town Board and the Town Board
shall consider changing the zoning of the subject property back to
its former zoning district classification.
