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]
(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.
[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.
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.
(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.
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.
