Within the context of a Comprehensive Plan for
the Town of Concord, as adopted in December 1990 by the Concord Town
Planning Board and subject to amendment from time to time, the purpose
of planned unit development regulations is to assist in the implementation
of said Comprehensive Plan by providing a zoning technique to encourage
flexibility in the design and development of land in certain specified
zoning districts of this chapter in order to promote its most appropriate
use; to facilitate the adequate and economical provision of streets,
utilities and public spaces; and to preserve the natural and scenic
qualities of open areas. Planned unit development (or "PUD") is a
procedure intended to permit diversification in the location of structures
and improve circulation facilities and other site qualities while
ensuring adequate standards relating to public health, safety and
welfare and convenience both in the use and occupancy of buildings
and facilities in planned groups.
The Town of Concord shall not initiate consideration
of any proposed land development as a PUD. Consideration of the development
of any land as a PUD, pursuant to the PUD regulations of this chapter,
shall be commenced solely at the initiation of private interests.
However, a PUD initiated by private interests in the Town of Concord
shall be subject to the approval of the Concord Town Board based on
and subsequent to a review and recommendations by the Concord Town
Planning Board and any and all reviews as required by the County of
Erie and/or the New York State Department of Environmental Conservation.
PUD is permitted only in the C-1 Local Retail Business District and in the C-T Commercial-Tourist District of this chapter. Furthermore, only those permitted principal uses and structures as delineated in this Article XXXV shall be allowed in a PUD. Only those accessory uses and structures approved by the Concord Town Board shall be permitted in a PUD based on a PUD site plan and supporting documentation and extent of any and all accessory uses and structures included in a PUD.
Where a PUD is located in a C-T District, the
following principal permitted uses and structures are allowed:
A.
Principal uses and structures as allowed in a PUD
located in a C-1 District.
A PUD shall include no less than 30 acres of
contiguous land.
A PUD shall have densities of residential population
no greater than those permitted in the zoning districts where a PUD
is permitted.
A minimum of 20% of a PUD site area shall be
developed as open space, with a minimum of 10% of the entire PUD acreage
devoted to public recreation. Parking areas and vehicle access facilities
shall not be considered in calculating open space.
A PUD shall not be approved by the Concord Town
Board unless it is served in its entirety by a system of public utilities,
as defined in this chapter.
With the exception of §§ 150-186 through 150-191 above, and unless otherwise provided in this chapter, the Concord Town Board may relax the minimum requirements in the C-1 and C-T Districts of this chapter as they relate to such factors as yard requirements, height requirements and setbacks in the review of and prior to the approval of a PUD.
A public hearing shall be held by the Concord
Town Board prior to its approval of any PUD.
The Concord Town Planning Board shall approve
a PUD only if it finds that the PUD satisfies all of the following
standards:
A.
General standards.
(2)
The PUD group plan shall be consistent with the Comprehensive
Plan of the Town of Concord.
(3)
The PUD shall provide for an effective and unified
treatment of the development possibilities on the project site, making
appropriate provisions for the preservation of scenic features and
amenities of the site and the surrounding areas.
(4)
The PUD shall be planned and developed to harmonize
with any existing or proposed development in the area surrounding
the project site.
B.
Design standards.
(1)
All buildings in the layout and design shall be an
integral part of the development and have convenient access to and
from adjacent uses and blocks.
(2)
Individual buildings shall be related to each other
in design, masses, materials, placement and connections to provide
a visually and physically integrated development.
(3)
Treatment of the sides and rear of all buildings within
the PUD group shall be comparable in amenity and appearance to the
treatment given to street frontage of these same buildings.
(4)
The design of buildings and parking facilities shall
take advantage of the topography of the project site, where appropriate,
to provide separate levels of access.
(5)
All building walls shall be so oriented as to ensure
adequate light and air exposure to the rooms within.
(6)
All buildings shall be so arranged as to avoid undue
exposure to concentrated loading or parking facilities wherever possible
and shall be so oriented as to preserve visual and audible privacy
between adjacent buildings.
(7)
All buildings shall be arranged as to be accessible
to emergency vehicles.
C.
Landscape design standards.
(1)
Landscape treatment for plazas, roads, paths, service
and parking areas shall be designed as an integral part of a coordinated
landscape design for the entire project area.
(2)
Primary landscape treatment shall consist of shrubs,
ground cover and street trees and shall combine with appropriate walks
and street surfaces to provide an attractive development pattern.
Landscape materials selected should be appropriate to growing conditions
of the Town of Concord's environment.
(3)
Whenever possible and appropriate, existing trees
shall be conserved and integrated into the landscape design plan.
(4)
All streets bordering the project area shall be planted
at appropriate intervals with street trees.
D.
Circulation system design standards.
(1)
There shall be adequate, safe and convenient arrangements
of pedestrian circulation facilities, roadways, driveways and off-street
parking and loading space.
(2)
Roads, pedestrian walks and open space shall be designed
as integral parts of an overall site design. They shall be properly
related to existing and proposed buildings and appropriately landscaped.
(3)
Buildings and vehicular circulation open spaces shall
be arranged so that pedestrians moving between buildings are not unnecessarily
exposed to vehicular traffic.
(4)
Landscaped, paved and comfortably graded pedestrian
walks shall be provided along the lines of the most intense use, particularly
from building entrances to streets, parking areas and adjacent buildings.
(5)
Materials and design of paving, lighting fixtures,
retaining walls, fences, curbs and benches shall be of good appearance,
easily maintained and indicative of their function.
E.
Parking and loading design standards.
(1)
Parking facilities shall be landscaped and screened
from public view to the extent necessary to eliminate unsightliness
and monotony of parked vehicles.
(2)
Pedestrian connections between parking areas and buildings
shall be by special pedestrian walkways and/or elevators.
(3)
Parking facilities shall be designed with careful
regard to orderly arrangement, topography, landscaping and ease of
access and shall be developed as an integral part of an overall site
design.
(4)
Any above-grade loading facility should be screened
from public view to the extent necessary to eliminate unsightliness.
A schedule of improvements shall be submitted
as a part of the application for a PUD, including dates of construction
commencement and completion for the major improvements proposed in
the development plan.
In the event that the construction is not started
within two years from the date of approval by the Concord Town Board
or in the event that construction has been started but the schedule
of improvements has not been substantially adhered to, the Concord
Town Board's approval of the PUD may be terminated. Said termination
of a PUD approval by the Concord Town Board shall be confirmed by
resolution of the Concord Town Board and the forwarding of a certified
copy of said resolution to the last known address of the applicant
by certified mail.
