[Added 1-26-1998 by L.L. No. 1-1998]
In accordance with the Recommendations and Goals
and Objectives in the Town of Hamburg 2010 Comprehensive Plan (1997
Master Plan update), this district is intended to provide and encourage
the development of a variety of housing types and, in so doing, preserve
areas/lands that are important to the Town. This is a floating zone;
that is, the Town has not assigned this zoning to any particular property,
and until a sketch plan or concept plan presented by an applicant
has been approved by the Planning Board, and the final concept plan
and the rezoning approved by the Town Board, all the requirements
of the existing zoning regulations apply. After the application to
rezone has been approved, the sketch plan or concept plan will regulate
land uses, layout and bulk requirements for the parcel. If future
plans are presented that are not in conformance with the approved
plan, plans cannot be approved unless the zoning is amended through
the Town Board process. To further explain the intent of this District,
the following is provided:
A.
It is the intent of the Town that the PRD Zone be
used in those areas prescribed in the 2010 Comprehensive Plan (1997
Master Plan update).
B.
In general, the zone would be used to protect important
lands identified in the Open Space/Recreation Plan or locally significant
attributes of neighborhoods. It is the intent that this zoning district
would be used for properties with 40% or more of the land designated
as described previously, as determined by the Planning Board.
C.
This section encourages innovation and creativity
in design to open spaces and preserve rural character. Typically,
these developments incorporate cluster design plans (to preserve and\or
buffer land with unique natural characteristics) and do not involve
(or minimize) existing road frontage development.
D.
It is also the intent of this section to allow mixed residential uses that are not land intensive. It is not the intent of this section to increase the density allowed under the present zoning in the area (except as allowed under § 280-142A).
E.
The Town has example guidelines to depict the proper
use of this zoning district.
Uses and structures permitted in the PRD district
are as follows:
B.
Accessory uses and structures:
(1)
The following accessory uses and structures are permitted
solely for the use of residents of the development and their guests.
Such accessory uses shall be subject to the approval of the Planning
Board.
(a)
Accessory uses and structures permitted and
as regulated in the R-1, R-2 and R-3 Districts.
A.
Density.
(1)
Gross density of the development shall be determined based on compliance
with all other lot size, setback and green space/open space requirements.
[Amended 1-14-2013 by L.L. No. 1-2013]
(2)
In calculating gross density, unbuildable lands such
as wetlands, floodplains, etc., shall first be subtracted out of the
total land area. A density bonus of up to 10% can be given by the
Planning Board and Town Board for innovative designs creating additional
open space and aesthetic improvements.
B.
Lot area:
(1)
The minimum designated area for a PRD shall not be
less than 10 acres. It is the intent of this zoning district to preserve
approximately 40% or more of the property as open space (with regard
to natural resources).
[Amended 1-14-2013 by L.L. No. 1-2013]
(2)
To provide for innovations in design, the lots within
the PRD shall meet any of the lot requirements of the R-A, R-E, R-1,
R-2 or R-3 Zones, or the cluster development regulations.
C.
Required yards. There shall be no minimum required
yards, subject to approved concept and development plans for the entire
PRD and consistent with any adjoining zoning. Side yards shall typically
not be less than 10 feet, unless a specific waiver is received from
the Town Building Department.
[Amended 12-18-2017 by L.L. No. 3-2018]
A.
Road access (curb cuts) shall be limited to approximately
one per every 500 feet in frontage. Those properties having less than
500 feet in frontage will have one curb cut unless a second is required
for a secondary means of egress.
B.
The pattern of development (concept layout) shall
preserve to the maximum extent possible existing trees, topography,
historic features, unique vegetation and the geologic and hydrologic
features of the site.
C.
Open space lands reserved under the PRD Zone shall
be governed by the following:
(1)
Any open space to be reserved for preservation (i.e.,
conservation areas, passive recreation areas) shall be preserved in
perpetuity by one of the following: dedication of land to the Town,
Land Conservancy or other Town-approved agency or group, conservation
easements or restrictive covenants enforceable by the Town, or by
other means approvable to the Town that will achieve the permanent
preservation of these lands.
(2)
Nothing herein shall prevent the Planning Board from requiring that 10% of the entire subdivision be set aside for parks and recreation purposes and dedicated to the Town of Hamburg for such purposes, nor from requiring, in lieu thereof, the payment of a recreational fee per dwelling unit, as established by the Town Board, in addition to the private land assembled in common as the result of the clustering process referred to in Article XL.
(3)
Provisions satisfactory to the Town Board shall be
made to assure the proper maintenance of all nonpublic areas and facilities
for the common use of occupants of any cluster housing development,
including townhouses, but not in individual ownership of such occupants,
without expense to the general taxpayers of the Town of Hamburg. The
instrument incorporating such provisions shall be approved by the
Town Attorney as to form and legal sufficiency before any approval
action is taken by the Town Board.
