It is the intent of these planned unit development (PUD) regulations
to provide flexible land use and design through the use of performance
criteria on designated areas of land programmed for more intense and
sophisticated uses of land within the Town and to incorporate a variety
of residential use types with nonresidential uses containing privately
owned sites and common property as a planned unit. Such a planned
development is to be designed and organized so as to permit the site
to function without necessarily requiring the supportive services
of adjacent neighborhoods. This article encourages innovations in
residential development so that the growing demands for housing for
young married couples, senior citizens, and existing residents, who
no longer wish to maintain a large one-family house because the family
unit has been reduced in size due to minor children becoming emancipated,
may be met by a greater variety of housing types, design and planning
of structures with the incidental benefit of more efficient land use
in such developments.
In order to carry out the intent of this article, a planned
unit development shall achieve the following objectives:
A. A variety of housing types and ownership capabilities shall be provided,
i.e., cooperatives, individual residences, condominiums with community
facilities available to potential residents and rental apartments.
B. Usable open space, recreational facilities and reservation for educational
facilities shall be provided in accordance with Planning Board requirements.
C. Accessory facilities may be located within the site where appropriate.
D. Outstanding topographical, geological and water resource features
of the site shall be preserved to the maximum.
E. A creative and staged development of land shall be followed which
allows for an orderly transition of land from vacant to occupied use.
Common property in the PUD is a parcel or parcels of land and a privately owned road or roads, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. When common property exists, the ownership of such common property may be either public or private, at the option of the Town Board. When common property exists in private ownership, the owners shall grant such easements over, under and through such property to the Town as are required for public purposes. Also, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service parking and recreational areas, pursuant to §
300-16.
Unless otherwise indicated in the resolution of special permit
approval of the planned development, compliance with the following
standards shall be required:
A. Lot area and yard requirements. No minimum lot size, frontage or
yard requirements within a planned unit development shall be required
except those dictated by health, fire, safety, function and buffer
considerations.
B. Height limitations. No maximum limits on building height shall be required, except as provided in §
300-10 of this chapter.
C. Streets. The arrangement, character, extent, width, grade and location
of all streets shall be considered in relation to existing and planned
streets and topography and to public convenience and safety and in
their appropriate relation to the proposed uses of the land to be
served by said streets. Whether private or public, said streets shall
conform to all other street and road specifications of the Town.
D. Access. All uses shall have access to a public or private street
except residences, which need not front on a street but must have
access thereto via a court, walkway or other area dedicated to public
use or owned and maintained by a permanent resident nonprofit civic
association or corporation.
E. Building area. The location and arrangement of all structures shall
be in harmony with the purposes of this special use. The location
and arrangement of structures shall not be detrimental to existing
or prospective adjacent development or to the existing or prospective
development of the Town.
F. Boundary setbacks, buffer areas and transitional uses. Along the
boundaries of a planned unit development, provision shall be made
for a combination of uses and buffer areas which constitute a transitional
separation between surrounding existing and prospective uses and the
proposed development. All uses and structures in the planned unit
development shall be required to provide a setback and/or buffer area
from any zone district boundary or designated street line of any adjoining
street at least equal to the least restrictive setback or buffer area
required for any such uses or structures in the zoning districts in
which they are permitted. If the existing use adjoining a planned
unit development is industrial, the screening as required in this
chapter shall be provided at the perimeter of the district where the
proposed planned unit development is to be constructed, to screen
such residential development from glare, uses or other influences
having a potentially adverse impact on the planned unit development.
Within the planned unit development, compatibly designed and transitional
buffer areas and screening between uses and structures shall be provided.
G. Off-street parking and loading requirements. The minimum off-street
parking and loading requirements for any uses or structures in a planned
unit development shall be at least equal to the minimal requirements
stipulated for such uses or structures in this chapter.
H. Special considerations. Multiple-residence structures shall conform to the design and density requirements of §
300-24.
I. Additional site development standards. In addition to the standards set forth in this article, the applicant shall also comply with the appropriate design, site development plan and performance standards of this chapter and of Chapter
257, Subdivision of Land. Where a conflict between this article and any of the above exists, the former shall govern.
No building permit shall be issued for construction within a
planned unit development until the required improvements are installed
or until a certified check and performance bond in a form acceptable
to the Town Attorney are posted in accordance with the procedures
specified in § 277 of the Town Law relating to subdivisions.
The site plan approval shall be governed by the provision of §
300-86E.