A. 
Intent.
(1) 
it is the intent of this article to provide flexible land use and design regulations through the use of performance criteria so that small- to large-scale neighborhoods or portions thereof may be developed within the Town which incorporate a variety of residential types and nonresidential uses and contain both individual building sites and common property which are planned and developed as a unit. Such a planned unit is to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common property in order to function as a neighborhood. This article specifically encourages innovation in residential development so that the growing demands for housing at all economic levels may be met by a greater variety in type, design and siting of dwellings and by the conservation and more efficient use of land in such developments.
(2) 
This article recognizes that, while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas or neighborhoods which are already substantially developed, these controls represent a type of preregulation, regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the planned unit development concept. Further, this article recognizes that a rigid set of space requirements along with bulk and use specifications would frustrate the application of this concept. Thus, where planned unit development techniques are deemed appropriate through the rezoning of land to a planned unit development district by the Town Board, the set of use and dimensional specifications elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.
B. 
Objectives. In order to carry out the intent of this article, a planned unit development shall achieve the following objectives:
(1) 
A maximum choice in the types of environment, occupancy tenure (for example, cooperatives, individual ownership, condominium or leasing), types of housing, lot sizes and community facilities available to existing and potential Town residents at all economic levels.
(2) 
More suitable open space and recreation areas.
(3) 
More convenience in location of accessory commercial and service areas.
(4) 
The preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion.
(5) 
A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses.
(6) 
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs.
(7) 
A development pattern in harmony with the objectives of the Comprehensive Land Use Plan.
(8) 
A more desirable environment than would be possible through the strict application of other articles of this chapter.
A. 
Minimum area. Under normal circumstances, the minimum area required to qualify for a planned unit development district shall be 150 contiguous acres of land. Where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article, the Town Board may consider projects with less acreage.
B. 
Ownership. The tract of land for a project 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 owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners. Leaseholds shall be for a period of at least 50 years. All approved plans shall be binding on all successors of the applicants.
C. 
Location of planned unit development district. The planned unit development district shall be applicable to any area of the Town whose characteristics meet the objectives of this article. PUD Districts may be designated by the Town acting independently or on the basis of an application. In either case, compatibility with the Comprehensive Land Use Plan will be considered.
D. 
Permitted uses. All uses within an area designated as a planned unit development district are determined by the provisions of this section and the approved plan of the project concerned.
(1) 
Residential uses. Residences may be any of a variety of types. In developing a balanced community, the use of a variety of housing types shall be deemed most in keeping with this article. However, at least 30% of the total number of dwelling units constructed within any planned unit development shall be in single-family detached structures.
(2) 
Accessory commercial, service and other nonresidential uses. Commercial, service and other nonresidential uses may be permitted or required where such uses are scaled primarily to serve the residents of the planned unit development. The following proportions are deemed to be in keeping with this intent under normal circumstances:
(a) 
Where the planned unit development contains 100 or more dwelling units, a maximum of 2,400 square feet of floor area for every 100 dwelling units may be used for limited commercial and/or service uses. Such commercial or service areas may be in separate buildings or incorporated within two-family or multifamily structures or in suitable combinations of these alternatives.
(b) 
Where the planned unit development contains 500 or more dwelling units, a maximum of two acres of land for every 100 dwelling units may be used for commercial and/or service purposes, including parking.
(c) 
Where the planned unit development contains 1,000 or more dwelling units, five acres of land for each 100 dwelling units may be used for compatible industry, including parking, in addition to the permitted commercial and service uses.
(3) 
Customary accessory or associated uses, such as private garages, storage spaces, recreational and community activities, churches and schools, shall also be permitted as appropriate to the planned unit development.
E. 
Intensity of land use. Because land is used more efficiently in a planned unit development, improved environmental quality can often be produced with a greater number of dwelling units per gross building acre than usually permitted in traditionally zoned districts. The Town Board shall, after recommendation from the Planning Board, establish in each case the appropriate land use intensity or dwelling unit density for individual projects. The determination of land use intensity ratings or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the rating or density.
F. 
Common property in the planned unit development. Common property in a planned unit development is a parcel or parcels of land, together with 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. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas, and following procedures approved by the New York State Attorney General. Responsibility for ownership and maintenance of all open space and recreational facilities must be explicitly stated.
A. 
General. Whenever any planned unit development is proposed, before any permit for the erection of a permanent building in such planned unit development shall be granted and before any subdivision plat or any part thereof may be filed in the office of the Monroe County Clerk, the developer or his authorized agent shall apply for and secure approval of such planned unit development in accordance with the following procedures.
B. 
Application procedure for concept plan approval.
(1) 
In order to allow the Town authorities and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketch plan of his proposal to the Town Board. The sketch plan shall be approximately as indicated to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information:
(a) 
The location of the various uses and their areas in acres.
(b) 
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.
(c) 
Delineation of the various residential areas, indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (i.e., single-family detached, duplex, townhouse, garden apartments, high-rise, etc.) and general description of the intended market structure (i.e., luxury, middle-income, moderate-income, elderly units, family units, etc.), plus a calculation of the residential density in dwelling units per gross acre (total area, including interior roadways) for such area.
(d) 
The interior open space system. Only usable land shall be considered for such purposes.
(e) 
The overall drainage system concept.
(f) 
If grades exceed 3% or portions of the site have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five feet of elevation shall be provided along with an overlay outlining the above susceptible soil areas, if any. (Note: Maps showing soil areas and classification for the towns of Monroe County have been prepared by the Monroe County Department of Planning and the Soil Conservation Service. These maps designate general soil characteristics and are available for inspection at the Town Hall and the County Office Building. Where a potentially significant development problem exists, a special on-site investigation should be conducted.)
(g) 
Principal ties to the community at large, with respect to transportation, water supply and sewage disposal and solid waste disposal.
(h) 
General description of the provisions of other community facilities, such as schools, fire protection services and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.
(i) 
A location map showing uses and ownership of abutting land and those within 300 feet.
(2) 
In addition, the following documentation shall accompany the sketch plan:
(a) 
Evidence of how the developer's particular mix of land uses meets existing community demands.
(b) 
Evidence that the proposal is compatible with the goals of the Official Comprehensive Land Use Plan.
(c) 
A general statement as to how common open space is to be owned and maintained.
(d) 
If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of this section shall show the intended total project.
(e) 
Evidence of any sort in the applicant's own behalf to demonstrate his technical and financial competence to carry out the plan and his awareness of the scope of such a project.
(3) 
Community and environmental impact statement. The applicant shall submit two copies of a community and environmental impact statement with the application, said statement to be in compliance with Part 617, State Environmental Quality Review Act (SEQRA), the Freshwater Wetlands Act[1] and associated local laws enacted from time to time by the Town of Henrietta.[2]
[1]
Editor's Note: See Environmental Conservation Law §§ 8-0101 et seq. and 24-0101 et seq., respectively.
[2]
Editor's Note: See Ch. 103, Environmental Quality Review.
(4) 
The Town Board shall refer the concept plan and its related documents to the Planning Board or, in the event there is no Planning Board, to the independent professional planning consultant for review. The Planning Board or such planning consultant, as the case may be, shall render either a favorable or an unfavorable report to the Town Board and a copy to the applicant. The reviewers may call upon the County Department of Planning, the Soil Conservation Service and any other public or private consultants that they feel is necessary to provide a sound review of the proposal.
(a) 
A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering planned unit development districting. It shall be based on the following findings, which shall be included as part of the report:
[1] 
That the proposal conforms to the Comprehensive Land Use Plan.
[2] 
That the proposal meets the intent and objectives of the planned unit development, as expressed in § 295-29.
[3] 
That the proposal meets all the general requirements of § 295-30.
[4] 
That the proposal is conceptually sound in that it meets a community need and it conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements, both absolutely and to one another.
[5] 
That there are adequate services and utilities available or proposed to be made available in the construction of the development.
(b) 
An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what might be necessary in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application for planned unit development districting with the Town Board. The Town Board may then determine on its own initiative whether or not it wishes to call a public hearing.
(5) 
The Chairman of the Planning Board acting with Planning Board approval or the planning consultant, as the case may be, shall certify when all of the necessary application material has been presented, and the Planning Board or such planning consultant shall submit its report within 60 days of such certification. If no report has been rendered after 60 days, the applicant may proceed as if an unfavorable report were given to him.
C. 
Application for planned unit development districting.
(1) 
Upon receipt of a favorable report from the reviewer or upon its own determination subsequent to an appeal from an unfavorable report, the Town Board shall set a date for and conduct a public hearing for the purpose of considering planned unit development districting for the applicant's plan, in accordance with the procedures established under §§ 264 and 265 of the Town Law or other applicable law, said public hearing to be conducted within 45 days of the receipt of the favorable report or the decision on appeal from an unfavorable report.
(2) 
The Town Board shall refer the application to the County Planning Council for its analysis and recommendations, and the Town Board shall also refer the application to the Director of Engineering and Planning for his review.
(a) 
The Town Board shall give the County Planning Council at least 30 days to render its report, and within 45 days after the public hearing, the Town Board shall render its decision on the application.
(b) 
The Director of Engineering and Planning shall submit a report to the Town Board within 30 days of the referral, duly noting the feasibility and adequacy of those design elements under his sphere of interest. This report need only concern itself with general conceptual acceptance or disapproval, as the case may be, and in no way implies any future acceptance or rejection of detailed design elements as will be required in the later site plan review stage. The Director of Engineering and Planning may also state in his report any other conditions or problems that must be overcome before consideration of acceptance on his part.
D. 
Zoning for planned unit developments.
(1) 
If the Town Board grants the planned unit development districting, the Zoning Map shall be so notated. The Town Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, circulation systems, both vehicular and pedestrian, availability of sites within the area for necessary public services, such as schools, firehouses and libraries, protection of natural and/or historic sites and other such physical or social demands. The Town Board shall state at this time its findings with respect to the land use intensity or dwelling unit density as called for in § 295-30E.
(2) 
Planned unit development districting shall be conditional upon the following:
(a) 
Securing of final site plan approval in accordance with the procedures set forth in § 295-32.
(b) 
Compliance with all additional conditions and requirements as may be set forth by the Town Board in its resolution granting the planned unit development district.
A. 
Application for preliminary site plan approval. Application for preliminary site plan approval shall be to the Planning Board or to the planning consultant, as the case may be, and shall be accompanied by the following information prepared by a licensed engineer, architect and/or landscape architect:
(1) 
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
(2) 
A topographic map showing contour intervals of not more than five feet of elevation.
(3) 
A preliminary site plan, including the following information:
(a) 
Title of drawing, including the name and address of the applicant.
(b) 
North arrow, scale and date.
(c) 
Boundaries of the property plotted to scale.
(d) 
Existing watercourses.
(e) 
A site plan showing the location, proposed use and height of all buildings and the location of all parking and truck loading areas, with access and egress drives thereto; location and proposed development of all open spaces, including parks, playgrounds and open reservations; location of outdoor storage, if any; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; description of method of sewage disposal, water supply and location of such facilities; location and size of all signs; location and proposed development of buffer areas; location and design of lighting facilities; and the amount of building area proposed for nonresidential uses, if any. (Note: All methods of sewage disposal must conform to the Monroe County Pure Waters Master Plan and meet all other state and county requirements.)
(4) 
A tracing overlay showing all soil areas and their classifications, depth to bedrock and those areas, if any, with moderate to high susceptibility to flooding and moderate to high susceptibility to erosion. For areas with potential erosion problems the overlay shall also include an outline and description of existing vegetation.
B. 
Factors for consideration.
(1) 
The review of a preliminary site plan shall include, but is not limited to, the following considerations:
(a) 
The arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
(b) 
The arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
(c) 
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(d) 
Location, arrangement, size and design of buildings, lighting and signs.
(e) 
Relationship of the various uses to one another and their scale.
(f) 
Type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise-deterring buffer between adjacent uses and adjoining lands.
(g) 
In the case of apartment houses or multiple dwellings, the acreage of usable open space for playgrounds and informal recreation.
(h) 
Proposed stormwater and sanitary waste disposal facilities.
(i) 
Proposed structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
(j) 
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(k) 
Conformance with other specific charges of the Town Board which may have been stated in the zoning resolution.
(l) 
The general standard for the setback of residential buildings from the property line shall be 30 feet. However, the Planning Board may require greater or lesser setbacks for specific circumstances.
(2) 
The reviewer may consult with the Director of Engineering and Planning and other Town and county officials, as well as with representatives of federal and state agencies, including the Soil Conservation Service and the New York State Department of Environmental Conservation. The reviewer may require that exterior design of all structures is made by, or under the direction of, a registered architect, whose seal shall be affixed to the plans, and may require such additional provisions and conditions as appear necessary for the public health, safety and general welfare.
[Amended 6-20-2001 by L.L. No. 3-2001]
C. 
Action on preliminary site plan application.
(1) 
Within 62 days of the receipt of the application for preliminary site plan approval, the Planning Board or such planning consultant shall act on it. If no decision is made within said sixty-two-day period, the preliminary site plan shall be considered conditionally approved. The reviewer's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is conditionally approved. A copy of the appropriate minutes of the Planning Board shall be a sufficient report.
[Amended 6-20-2001 by L.L. No. 3-2001]
(2) 
The statement may include recommendations as to desirable revisions to be incorporated in the final site plan, the conformance with which shall be considered a condition of approval. Such recommendations shall be limited, however, to siting and dimensional details within general use areas and shall not significantly alter the sketch plan as it was approved in the zoning proceedings.
(3) 
If the preliminary site plan is disapproved, the reviewer's statement shall contain the reasons for such findings. In such case, the reviewer may recommend further study of the site plan and resubmission of the preliminary site plan after it has been revised or redesigned. No modification of existing stream channels, filling of lands with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with moderate to high susceptibility to erosion nor excavation for and construction of site improvements shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of this chapter, and, where necessary, final site plan approval may require the modification or removal of unapproved site improvements.
D. 
Request for changes in sketch plan. If in the site plan development it becomes apparent that certain elements of the sketch plan, as it has been approved by the Town Board, are unfeasible and in need of significant modification, the applicant shall then present his solution to the Planning Board or planning consultant as his preliminary site plan in accordance with the above procedures. The reviewer shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the site plan shall be considered as disapproved. The developer may then, if he wishes, produce another site plan in conformance with the approved sketch plan. If an affirmative decision is reached, the reviewer shall so notify the Town Board, stating all of the particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary site plan approval may then be given only with the consent of the Town Board.
E. 
Application for final detailed site plan approval.
(1) 
After receiving conditional approval on a preliminary site plan as outlined above and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his final detailed site plan and submit it to the Planning Board or planning consultant for final approval, except that if more than 12 months have elapsed between the time of the reviewer's report on the preliminary site plan and if such reviewer finds that conditions have changed significantly in the interim, the applicant may be required to resubmit the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
(2) 
The final detailed site plan shall conform substantially to the preliminary site plan which has received preliminary site plan approval. It should incorporate any revisions or other features which may have been recommended at the preliminary review. All such compliances shall be clearly indicated by the applicant or the appropriate submission.
(3) 
The project engineer shall submit to the Director of Engineering and Planning engineering data to substantiate the adequacy of all utilities as set forth in Subsection B(1)(a), (b), (f), (g), (h) and (i) of the site plan approval process for final site plan review.
(4) 
The project engineer shall submit to the Director of Engineering and Planning final grading plans prepared from contour maps on information actually obtained by field data, showing contour intervals of not less than two feet of elevation of existing topography, and with final proposed contour overlay.
F. 
Action on the final site plan application. Within 62 days of the receipt of the application for final site plan approval, the Planning Board or planning consultant shall render a decision to the applicant and so notify the Town Board. If no decision is made within the sixty-two-day period, the final site plan shall be considered disapproved.
[Amended 6-20-2001 by L.L. No. 3-2001; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
(1) 
Upon approving an application, the Planning Board or planning consultant shall endorse its approval on a copy of the final site plan and shall forward it to the Town Board for delivery to the Building Inspector or designee, who shall then issue a building permit to the applicant if the project conforms to all other applicable requirements.
(2) 
Upon disapproving an application, the Planning Board or planning consultant shall so inform the Building Inspector or designee and shall notify the applicant and the Town Board in writing of such decision and the reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
G. 
Staging. If the applicant wishes to stage his development and he has so indicated as per § 295-31B(2)(d), then he may submit only those stages he wishes to develop for site plan approval, in accordance with his staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged, and a staging plan must be developed. At no point in the development of a planned unit development shall the ratio of nonresidential to residential acreage or the ratios of dwelling units constructed between the several different housing types for that portion of the planned unit development completed and/or under construction differ from that of the planned unit development as a whole by more than 10% from the proportions required.[1]
[1]
Editor’s Note: Former Subsection H, Minimum transitional buffers, added 2-27-2019 by L.L. No. 3-2019, was repealed 7-10-2019 by L.L. No. 8-2019.
A. 
Regulation after initial construction and occupancy. For the purpose of regulating and development and use of property after initial construction and occupancy, any changes shall be processed as a special use permit request to the Town Board. It shall be noted, however, that properties lying in planned unit development districts are unique and shall be so considered by the Town Board when evaluating these requests, and maintenance of the intent and function of the planned unit shall be of primary importance.
[Amended 4-12-2022 by L.L. No. 8-2022]
B. 
Site plan review. Site plan review under the provisions of this article shall suffice for review of subdivisions under Chapter 245, Subdivision of Land, subject to the following conditions:
(1) 
The developer shall prepare sets of subdivision plats suitable for filing with the office of the Monroe County Clerk in addition to those drawings required above.
(2) 
The developer shall plat the entire development as a subdivision. However, planned unit developments being developed in stages may be platted and filed in the same stages.
(3) 
Final site plan approval under § 295-32F shall constitute final plat approval under Chapter 245, Subdivision of Land, and provisions of § 276 of the Town Law requiring that the plat be filed with the Monroe County Clerk within 62 days of approval shall apply.
[Amended 6-20-2001 by L.L. No. 3-2001]
C. 
Riverton PUD District at Zoning Map Designation: G(1). The following additional zoning regulations (i.e., conditions and/or “specifics”) shall apply to the parcels/lands identified at Zoning Map Designation: G(1) in addition to the regulations of the standard zoning district(s) pertaining to such lands (i.e., the regulations of the PUD District), all as set forth below. Where there is any inconsistency between the regulations of the standard zoning district and these additional regulations, these additional regulations shall prevail. The issuance of permits for the erection of permanent buildings within the Riverton PUD District, effective as of April 10, 1972, shall be subject to and conditioned upon the following conditions and requirements.
[Added 6-9-2022 by L.L. No. 12-2022]
(1) 
Definition of "developer." The word "developer" shall mean any applicant for a permit to take any action affecting property in the Riverton PUD District, as required by this ordinance or the Town's PUD Ordinance (Henrietta Town Code, Article IX, § 295-29 et seq.), hereinafter called the "General PUD Ordinance." All such applicants shall be deemed part of a single ownership group for purposes of § 295-30B of the General PUD Ordinance if such applicants are successors in ownership, directly or indirectly, from Riverton Properties, Inc., or the United States.
(2) 
Application of standard. The requirements of § 295-30D(1) of the General PUD Ordinance shall be deemed satisfied at the time of presentation by any developer of an application for preliminary or final site plan approval if, and only if, either the Riverton PUD District is in compliance with such requirements as developed at the time of such application, including the units proposed in such application, or the Henrietta Planning Board has received reasonably satisfactory evidence, in the form of land use covenants, commitments to such Board or otherwise, that the Riverton PUD District will be in compliance with such requirements when fully developed.
(3) 
Public improvements.
(a) 
All matters pertaining to the availability and installation, including but not limited to design and location of sewers, water mains, and drainage, including all transmission facilities, shall require the approval of the Town Board upon recommendation of the Town's consulting engineers.
(b) 
The entire cost of the design and construction of all such sewer, water, and drainage facilities, including transmission facilities, in excess of any federal and/or state aid, shall be borne by the developer, unless otherwise provided in a manner acceptable to the Town Board.
(c) 
Sewer and water entrance fees shall be paid by the developer in such amount as are from time to time determined by the Town Board.
(d) 
All sewer, water, and drainage facilities shall upon their completion be turned over to the Town's sewer, water, and drainage districts, together with all necessary maintenance easements.
(4) 
Roads. All through roads within the Riverton PUD District shall be built according to the Town's specifications as generally applied throughout the Town, and, as and when requested by the Town, any or all of these roads shall be dedicated to the Town.
(5) 
Site plan approval.
(a) 
Final site plan approval must be obtained from the Henrietta Planning Board in accordance with the Town's PUD Ordinance, taking into account the objectives set forth therein. The Riverton PUD District having been designated as a PUD District as provided in the General PUD Ordinance, the provisions of § 295-31 and § 295-32D of the General PUD Ordinance shall not be applicable. The staging provisions contained in § 295-32G of the General PUD Ordinance shall be available to any developer as if such developer had filed a sketch plan providing for staging.
(b) 
All development within Riverton Phase I Wildflower Meadow Subdivision, as shown on a map thereof filed in the Monroe County Clerk's Office, in Liber 188 of Maps at pages 89 through 96, inclusive, shall be in accordance with such map, and no additional site plan approval shall be required within such subdivision.
(c) 
No development shall be permitted within the 100-year floodplain of the Genesee River (as designated by the United States Army Corps of Engineers and outlined in the 1964 Monroe County Planning Council report entitled "Primary Requirements for Drainage Planning, Rochester-Monroe County Metropolitan Area Drainage Study, Stage II"), including any changes to the existing landscape, earth moving, or the building of structures for recreation, park, or any other uses, without the prior written approval of the Monroe County Planning Council.
(d) 
The average dwelling unit density shall not exceed 4.3 units per acre computed for the entire acreage, including acreages used for commercial and industrial uses and for open space. For the foregoing purpose, "open space" shall include, without limitation, all lands within the Riverton PUD District owned on the effective date of this subsection by the Town or by the Riverton Community Association, Inc., but shall not include any developed acreage unless such acreage is included in an approved site plan. This average dwelling unit density is, in the judgment of the Town Board, after recommendation by the Planning Board, a fair and efficient use of the land within the Riverton PUD District and, in the judgment of the Town Board, will provide and create improved environmental quality which is the goal of a PUD development.
(6) 
Maintenance of common spaces. The developer shall furnish evidence satisfactory to the Town for the purpose of any private land use covenants affecting the Riverton PUD District, or any portion thereof, which may refer to such land use designation.
(7) 
Building locations:
(a) 
Structures shall be no closer than 30 feet to a front lot line, 20 feet to a rear lot line, or five feet to a side lot line. The rear lot line may be reduced to five feet where the rear lot line abuts open space and a private outdoor living area of at least 400 square feet is provided as an integral part of the house, as in a "patio house." Lot line party walls may be used on any portion of a side lot line.
(b) 
Each structure shall be a minimum of 15 feet from any other structure, except for multidwelling units with party walls, and except that fences, walls, and trellises may be used to connect structures.
(c) 
No garage shall be closer than 30 feet to the street right-of-way.
(d) 
Fences may be built on lot lines provided they are shown on a plan approved by the Planning Board and do not interfere with sight distances at corners.
(8) 
Off-street parking:
(a) 
Efficiency units shall have at least 1 1/2 off-street spaces per unit. One-bedroom apartments or townhouses for rent shall have at least 1 3/4 off-street spaces per unit. Senior housing shall at least one off-street space per unit. All other dwellings shall have two off-street spaces per unit.
(b) 
A parking space is defined as an area of not less than 250 square feet, exclusive of access drives or aisles and shall be in usable shape and condition. There shall be adequate ingress and egress to all parking areas.
(c) 
No parking areas shall be maintained within the front, side, or rear set-back areas or limits unless specifically approved by the Planning Board.
(9) 
Building height. No building shall exceed 35 feet in height, except by special use permit granted by the Town Board.
(10) 
Dwelling definitions. A dwelling is a building or portion thereof arranged or designed to provide living facilities for one or more families.
(a) 
Detached dwelling: a building arranged or designed to provide living facilities for one or more families entirely separated from any other building or structure by space on all sides.
(b) 
Dwelling unit: a building or portion of a building thereof arranged or designed for occupancy by not more than one family for living purposes and having cooking facilities.
(c) 
Multiple-family dwelling: a building containing three or more dwelling units (i.e., an apartment house, except as provided for under "town house").
(d) 
Multiple-group dwelling: a group of two or more multiple-family dwellings, or any combination of the same occupying a parcel of land in one ownership and having any yard, compound, or service area in common.
(e) 
One-family dwelling: a building containing not more than one dwelling unit.
(f) 
Semidetached dwelling: one or more buildings arranged or designed as dwellings located on abutting lots, separated from each other by a party wall, without openings, extending from the cellar floor to the highest point of the roof, along the dividing lot line, and separated from any other building or structure by space on all sides.
(g) 
Town house: one of a group of two or more attached dwelling units divided from each other by party walls and having separate front and rear or front and side entrances from the outside and having a "private" outdoor living area on the lot of at least 150 square feet for each dwelling unit.
(h) 
Two-family dwelling: a building containing not more than two dwelling units, arranged one above the other or side by side.
(11) 
Dwelling floor area minimums. The schedule below specifies the minimum required floor areas for each dwelling type. Up to 40% of the units in each phase may be reducing in floor area, in accordance with this schedule, to further the objectives for the provision of moderate-income housing. It is the intention that the minimums set forth will not represent the maximums and that a substantial number of units will exceed the stated areas.
Multiple-Family Dwellings
Standard Sq. Ft.
Reduced Sq. Ft.
Efficiency (max two persons)
550
450
One bedroom
700
600
Two bedroom
850
750
Three bedroom
1,050
950
Four bedroom
1,200
1,100
Town Houses/Semidetached/Two-Family
Standard Sq. Ft.
Reduced Sq. Ft.
Two bedroom
1,050
850
Three bedroom
1,250
1,050
Four bedroom
1,400
1,200
One Family, Detached Dwelling
Single Story
Other*
Two bedroom
1,050
1,200
Three bedroom
1,100
1,300
Four bedroom
1,250
1,500
Five bedroom
1,400
1,700
*
Other includes but is not limited to multistory, raised ranch, split levels
No building permits shall be issued for construction within a planned unit development district until improvements are installed or a performance bond posted in accordance with the same procedures as provided for in § 277 of the Town Law relating to subdivisions. Other such requirements may also be established from time to time by the Town Board.