In a PRD Planned Residential Development District,
no building or premises shall be used and no building shall hereinafter
be erected, altered or added to unless otherwise provided in this
chapter, except for one or more of the following uses:
A.
Principal uses permitted by right.
(1)
Any use permitted by right in the R-40 Residential
District, subject to all conditions and controls set forth for such
use therein.
A.
Statement of intent and objectives.
(1)
It is the intent of this Planned Residential Development
(PRD) article to provide performance criteria in the context of flexible
use and design regulations so that self-contained residential neighborhoods
of varying scales may be developed, incorporating a variety of residential
types and containing both individual building sites and common property
which are planned and developed as a unit.
(2)
In adopting this article, the Town Board of the Town
of Kent declares that it is its intent to encourage innovations in
residential development so that the growing demands for housing at
all economic levels may be met by greater variety in type, design
and siting of dwellings and to encourage the maximum reasonable conservation
and the most efficient possible use of land. The Town Board further
declares that these objectives cannot be achieved as well through
the use of traditional bulk and use zoning and subdivision regulations,
the application of which to substantial tracts of land may preclude
the Town from taking full advantage of the most advanced techniques
of land development.
(3)
Among the objectives which are sought to be achieved
through use of the PRD technique are the following:
(a)
An increase in choices of housing types, including
but not limited to one-family detached, townhouses and garden apartments,
for individual ownership, including cooperative and condominium dwelling,
and rental available to Town residents at various economic levels.
(b)
More usable open space and recreation areas.
(c)
Preservation of trees and outstanding natural
topographic and ecological features and prevention of soil erosion.
(d)
A shorter network of utilities and streets to
lower housing and public maintenance costs.
(e)
A more desirable environment than would be possible
through the strict application of other sections of this chapter.
(f)
A development pattern in harmony with the planning
objectives of the Town.
B.
Standards and general requirements for planned residential
developments.
(1)
Minimum standards.
(a)
The minimum area required to qualify for a planned
residential development shall be 50 contiguous acres of land.
(b)
The PRD site shall have access to a major road
with state or county jurisdiction or any other major road which, in
the opinion of the Planning Board, is sufficiently free of sharp curves
or steep slopes and has an adequate capacity to provide safe access
and egress for the PRD development.
E.
Residential density and standards.
(1)
The gross density over the entire PRD site shall not exceed three dwelling units per acre, exclusive of environmentally sensitive lands as defined in § 77-72.
(2)
No structure in the PRD development shall exceed 2 1/2
stories or 30 feet in height.
(3)
Except as provided hereinafter, landscaped open spaces, recreation areas or open areas left substantially in their natural state shall be provided at a ratio of not less than 500 square feet of open space for every bedroom included in the PRD. This minimum open space shall consist entirely of land that is not environmentally sensitive as defined in § 77-72.
(4)
A buffer area shall be provided along all street and
lot lines of the PRD, with a minimum depth, measured inward from the
property line, of at least 50 feet. Said buffer area shall be suitably
landscaped with grass and shrubs, trees or other ground cover or such
screening as the Planning Board may prescribe. No parking, loading
or building shall be permitted in this area.
(5)
Off-street parking shall be provided in accordance with the provisions of Article XI of this chapter.
(6)
The average number of bedrooms per multifamily dwelling
unit in the PRD shall not exceed two. For purposes of this section,
all studio or efficiency apartments shall be counted as providing
one bedroom each.
(7)
Common property. Common property in a PRD is a parcel
or parcels or land, together with all improvements thereon, the use
and enjoyment of which are shared by the owner and occupants of the
individual building sites. Where common property exists, the ownership
of such property can be either public or private. Where such property
is not dedicated to the public, the owner shall provide for and establish
an organization for the continued ownership and maintenance thereof.
Such organization shall not be dissolved nor shall it dispose of any
common property by sale or otherwise without first offering to dedicate
the same to the Town.
(8)
Exceptions. The revisions to § 77-20B(1) and (3) established by Local Law No. 16 of 1992 shall not apply to any property for which final subdivision approval has been granted by the Planning Board and a final subdivision plat has been duly filed with the office of the County Clerk at the time Local Law No. 16 of 1992 was adopted nor to site plans which have received approval from the Planning Board and which have also received a valid building permit at the time Local Law No. 16 of 1992 was adopted.
F.
Land development requirements.
(1)
Wherever possible, natural features, such as streams,
rock outcrops, topsoil, trees and shrubs, shall be preserved and incorporated
in the landscaping of the PRD development.
(2)
Where adequate surface drainage is not possible by
grading alone, a supplementary drainage system approved by the Town
of Kent shall be required.
(3)
To improve the quality of the environment and to reduce
inconvenience during bad weather, all electrical and telephone equipment
shall be installed underground.
(4)
Except as set forth hereinafter, lot sizes, dimensions
and building locations thereon may be freely disposed of, and buildings
may be arranged in conformity with the overall density standards set
forth herein. No minimum lot size or frontage or maximum lot coverage
standards are specified herein, except that in one-family developments,
in either conventional tract or cluster layout, no lot shall have
an area of less than 20,000 square feet. In reviewing any application
for a PRD, the Planning Board shall be guided by standards set elsewhere
in this chapter for comparable uses and by common good planning practice,
to the end that the resulting development shall be compatible with
the surroundings and to assure the stability of the uses proposed
to be developed on the site.
(5)
The right-of-way and pavement widths for internal
roads shall be determined in accordance with sound planning and engineering
standards to be adequate and sufficient in size, location and design
to accommodate the maximum expected traffic and parking needs and
to provide free access to all parts of the development for fire-fighting
equipment and police or emergency vehicles. The pavement of said roads
shall be not less than 24 feet wide.
(6)
The developer shall provide all necessary water and
sewer facilities, storm drainage, highway access, paved service streets,
parking and loading facilities and off-street lighting, making reasonable
provision for utility service connections with adjoining properties
in other ownerships.
G.
Application procedure and approval process.
(1)
The procedure for special use approval as set forth in § 77-59 shall apply, except that the following additional information shall also be provided.
(2)
In order to allow the Planning Board and the developer
to reach an understanding on basic design requirements, the developer
shall submit a master plan of this proposal to said Board. The master
plan shall be drawn to scale, though it need not be to the precision
of a finished engineering drawing or site plan. Said plan shall include
appropriate written information and maps to clearly indicate the following:
(a)
The disposition of various land uses and the
areas covered by each, in acres.
(b)
The outline of the interior road system and
all existing and proposed rights-of-way and easements, whether public
or private.
(c)
Delineation of the various residential areas,
indicating the number of dwelling units and bedrooms, for each housing
type (one-family detached and semidetached, townhouses and garden
apartments), plus a calculation of the density, in dwelling units
per acre, for each residential area.
(d)
The interior common open space system and a
statement as to how said system is to be preserved as such throughout
the life of any portion of the PRD and how it is to be owned and maintained.
(e)
An illustrative site plan, indicating the relationship
between the proposed road system, parking lots, buildings and open
spaces.
(f)
The proposed water, storm and sanitary sewer
systems and how they are proposed to be connected to any systems in
adjoining areas.
(g)
Environmental characteristics of the PRD, including
topography, areas of slope in excess of 20%, soils, rock outcrops,
streams, swamps, lakes, ponds and other wetlands, and all proposed
alterations of such environmental characteristics.
(h)
Estimates of the school-age population and the
possible allocation of school children to the existing and any proposed
schools.
(i)
Estimates of the peak hour traffic generation
derived from the proposed development and its relation to peak-hour
traffic on surrounding roads and intersections, including methods
developed for alleviating any traffic problems.
(j)
If the development is to be staged, a clear
indication of how the staging is to proceed.
(k)
Evidence in the applicant's own behalf to demonstrate
his competence to carry out the plan.
