[Added 10-30-1986 by L.L. No. 6-1986]
[Amended 5-13-1996 by L.L. No. 1-1996]
It is the intent and purpose of this article to authorize residential development in the Town of Chautauqua consistent with § 143-2 and in a manner that preserves open spaces, encourages the inclusion of aesthetically planned landscaping, recreational facilities and open spaces and also permits flexible land use and building design so that neighborhoods or portions thereof may be developed within the Town that incorporate a variety of residential units and building types in a configuration that might be permitted for the district in which the project is located pursuant to § 278, Subdivision 1(a), of the Town Law, as amended, regulating cluster developments. Such flexibility will permit innovation in residential development, while at the same time encouraging preservation of open spaces and natural resources. It anticipates the creation of recreational facilities and the inclusion within PUD's of tasteful and appropriate landscaping, all designed to improve the well-being, health and general welfare of the residents and to enhance the aesthetics of the project area.
A.
The PUD is an authority granted by a special use permit
to allow construction of dwelling units within the designated area
approved for development of the PUD without regard to the land area
limitations of the district in which the PUD is made applicable and
to be undertaken by a single developer. The PUD is subject to all
of the terms and conditions of this article which must be met by the
applicant to qualify for the issuance of the permit. The applicant
is required to agree to the implementation of the terms incorporated
into and made part of the special use permit issued in the event of
approval of the application. No permit for the erection of any building
in such development shall be granted until the developer or his authorized
agent shall apply for and receive approval of such PUD in accordance
with the procedures of this article.
[Amended 10-9-1989 by L.L. No. 1-1989]
B.
To qualify for approval of a PUD application which
may authorize an increase in the density of the area of the approved
parcel over the area limitations of the district in which the parcel
is located, the owner shall meet the following minimum requirements:
(1)
The owner shall submit an application which pertains
to a parcel of land in single or common ownership comprising at least
four acres.
(2)
Where the tract or parcel of land is served by a community
or public water system and a sanitary sewer system, the owner shall
undertake, with appropriate assurance, that each residential unit
of the project shall be connected to and serviced by both such facilities
in accordance with the regulations and conditions prescribed by the
appropriate sewer or water district or other provider of the facility.
(3)
Where no community or public system exists as comprehended in Subsection B(2) above or such connection is shown not to be feasible, then the applicant shall undertake to have designed and constructed a central water supply and/or sewage treatment system to serve all dwelling units in accordance with the standards and subject to the approval of the Chautauqua County Department of Health and the New York State Department of Environmental Conservation.
(4)
At least 40% of the gross area of the site shall be
preserved as permanent open space, free of buildings, roadway and
parking areas, and such preservation shall be legally assured by filing
of appropriate covenants, deed restrictions, park districts or other
agreements to the satisfaction of the Town Board. Common recreational
facilities, such as swimming pools, tennis courts, basketball, volleyball,
beach areas, playground equipment and shuffleboard courts, for the
use solely of the residents of the PUD and their guests may be credited
toward the 40% of required open space.
(5)
Two off-street parking places shall be provided for
each density unit.
[Amended 9-9-1991 by L.L. No. 1-1991]
(6)
The use of living plant material as an adjunct to
granting a special use PUD permit shall be mandatory. Landscape materials
shall be utilized in a positive manner in all PUD's for architecture
elements, space articulation, screening, privacy control, erosion
control and acoustical control and other landscape planning to preserve
and enhance the aesthetics of the area in a natural setting.
C.
The process and procedure for obtaining a special
use permit to establish and construct a PUD requires:
D.
The PUD process entails substantial planning, commitment and financial undertaking on the part of the applicant and involves important matters of public policy, safeguarding of the Town's best interest and responsibility for the health, safety, morals, comfort, convenience and general welfare of its inhabitants among the purposes of § 143-2, so that it is, perforce, a time-consuming procedure.
E.
This § 143-20 sets out a description of the general plan and is not necessarily controlling over other provisions of this article. The decisions of the Town Board will be made by taking into account the several provisions of this article, and in connection with its issuance of a special use permit, if granted hereunder, the Town Board reserves its authority to impose conditions which it deems in the Town's best interest and without regard to whether the applicant has included provision for such conditions. Acceptance of the conditions will be a prerequisite for a special use permit becoming operable.
A.
Permitted uses in a PUD. Permitted uses in a PUD shall
be as follows:
(1)
Any dwelling use or related structure permitted and
as regulated in the R and/or R-L Districts.
(2)
Any other variety of residential development or residential structure and ancillary land use as approved under this article, notwithstanding the requirements of R and/or R-L Districts that are still in keeping with the overall comprehensive planning of development within the Town as set forth in § 143-2 of this chapter.
B.
DENSITY UNIT
DWELLING
Definitions applicable to this article. As used in
this article, the following terms shall have the meanings indicated:
A dwelling unit containing not less than 800 square feet
designed for use by not more than one family.
C.
Standards and application procedure.
(1)
Minimum land area.
(a)
The minimum land area required to qualify for
a PUD permit shall be a contiguous parcel of four acres or more. Only
qualified parcels located in R-L, R-A, B, C-1 and I Districts shall
be eligible for application for a PUD District.
(b)
"Contiguous," as used in this Article IV, means a parcel whether a single lot or a joinder of lots all the land of which is contained within the project's surrounding lot lines with no intervening public road separating any portion(s) of the parcel and within which there is no land or lot that is not part of the land area for which the PUD is sought. In any parcel comprised of two or more lots, there must be a common border or boundary between the two lots of at least 50 feet.
[Added 10-11-1990 by L.L. No. 4-1990]
(2)
The maximum number of density units in any PUD-approved
project shall not exceed the number which could be permitted, in the
Town Board's judgment, if the land were subdivided into lots conforming
to the minimum lot size and density requirements of this chapter applicable
to the district or districts in which such land is situated and conforming
to all other applicable requirements; provided, however, that where
the plat falls within two or more districts, the Town Board may approve
a PUD representing the cumulative density as derived from the summing
of all units allowed in all such districts and may authorize actual
construction to take place in all or any portion of one or more of
such districts.
[Amended 5-13-1996 by L.L. No. 1-1996]
(3)
No dwelling unit shall be less than 800 square feet
of enclosed living space. No structure may be built which exceeds
two stories in height.
(4)
Evidence that the applicant owns the property to be
included in the entire PUD area must be submitted to the Zoning Board
of Appeals before such Board is required to make a final recommendation
on the application to the Town Board. The word "own" shall, in addition
to its customary meaning, include the right of the applicant to purchase
by contract or option the premises which is the subject of the PUD
application.
A.
Concept plan and approval.
(1)
For purposes of concept approval, the Town Board shall
by resolution establish a Committee on Concept Approval, hereinafter
referred to as "Committee," comprised of three members of the Town
Board and two members of the Board of Appeals. The members shall be
appointed by the Town Supervisor. The tenure and procedures of the
Committee shall be established by resolution of the Town Board. In
order to enable the Town Board to consider the adaptability of the
applicant's plans to create a PUD, the applicant shall submit a concept
plan to the Committee in the form of an application.
(2)
Such application shall be in a form sufficient to
enable the Committee to evaluate the proposed PUD project for general
health, safety and welfare, consideration and compatibility with this
article and the comprehensive planning of the Town. The Committee
shall review the application for concept approval and make a recommendation
thereupon to the Town Board.
(3)
The application for concept approval shall contain
a written description of the proposed PUD project as part of the application
and shall also include the following:
(a)
A description of the land area comprising the
proposed PUD project and the present use of the parcel, including
buildings and structures thereon.
(b)
A description of the character of the proposed
PUD and the number of density units proposed to be built, the general
layout and location and the type of ownership that shall apply to
the respective density units and the total area to be covered by the
density units.
(c)
A description of land surrounding the proposed
PUD District and evidence that the proposal is compatible with the
Town's comprehensive planning goal.
(d)
A description of the estimated costs of completing
the entire project and indication as to how the applicant plans to
finance the costs.
(e)
A description of the municipal services to be
requested or that are required of the Town and the estimated municipal
costs to provide the same.
(f)
General statements as to how common open space
is to be owned and maintained.
(g)
A proposed timetable for development and, if
a staged development, a general indication of how the staging is planned.
(h)
The present ownership of all lands included
within the proposed PUD area.
(i)
A statement as to the vehicular traffic impact,
both within the district and to surrounding areas, and the basis upon
which the statement is predicated.
(j)
Any evidence that tends to demonstrate the applicant's
ability to carry out the plan, both physically and financially.
(k)
A general description of recreation facilities,
open spaces, privacy hedges, landscaping and other aesthetic amenities
to be included in the project to justify the applicant's request for
issuance of a PUD special use permit.
(4)
The Town Board, after having received the report and
recommendation of the Committee, shall act on the application for
concept approval within 45 days and furnish the applicant its decision.
If the Town Board rejects the concept proposal it shall submit its
reasons, in writing, to the applicant. The decision of the Town Board
shall be final and binding.
(5)
In the event that the Town Board indicates that the
concept meets with its approval, such decision shall be forwarded
to the Board of Appeals. The approval of the concept plan in no way
represents a commitment by the Town Board if and when an application
for a PUD special use permit shall come before the Town Board.
(6)
Where state environmental quality review or the approval of any governmental agency other than the Town Board may be required in connection with the authorizing or implementing of the applicant's PUD concept, the applicant should be aware that such review or approval must be completed before the Town Board will hold a public hearing pursuant to § 143-23.
B.
Application for phase one preliminary plan approval.
Following approval of the concept plan by the Town Board, the applicant
shall submit the preliminary PUD plan to the Board of Appeals. The
preliminary PUD plan shall be approximately to scale, though it need
not to so precise as to constitute finished engineering drawings.
The following items shall be clearly shown on the preliminary plan:
(1)
The location of various uses and the area of each
use.
(2)
The general outlines of the main interior roadway
systems and all existing rights-of-way and easements, whether public
or private, sidewalks and parking areas.
(3)
Delineation of the various density units, indicating
the location and area of each unit, how many stories in each unit
and the total area to be covered by density units.
(4)
All open spaces, including details of recreational
facilities.
(5)
The overall drainage system.
(6)
Existing and proposed topographical contours must
be shown at intervals of not more than 10 feet.
(7)
A statement as to how common open space is to be owned
and maintained and a commitment that the Town shall be granted easement
over all roads and necessary easements over common open spaces.
(8)
If the project is a staged development, a specific
statement of how staging is planned and the timetable for each stage.
(9)
General landscaping.
(10)
Water supply and sewage disposal facilities.
(11)
The types and colors of materials to be used
on exterior of any buildings or structures.
(12)
The applicant's plans shall have been submitted
and found not to be incompatible with the State Environmental Quality
Review Act.[1] If engineering services are found by the Board of Appeals
to be necessary, the applicant shall pay all costs in connection therewith.
The information furnished shall be compatible with the submission
for concept approval, and any differences or contradictions shall
be reconciled by the applicant to the satisfaction of the Board of
Appeals. The Board of Appeals shall review this preliminary PUD plan
and any additional information submitted therewith, and shall, within
60 days thereafter, render a recommendation to the Town Board. The
Board of Appeals may approve the preliminary plan as submitted, approve
the preliminary plan contingent upon the applicant accepting the recommendation
of the Board of Appeals or disapprove the preliminary plan. If disapproved,
the Board of Appeals must set forth its reasons for disapproving the
preliminary plan.
[1]
Editor's Note: See Article 8 of the Environmental
Conservation Law.
A.
Upon recommendation by the Board of Appeals approving
the preliminary PUD plan, the applicant shall submit to the Town Board
its application for a PUD special use permit which, when complete,
shall be acted upon by the Town Board only after a public hearing
in relation thereto. Notice of such public hearing shall be published
in the official newspaper of the Town at least five days prior to
the date of such public hearing, after which the Town Board shall
act on said application.
B.
The Town Board shall refer the application, when required
by law, to the County Planning Department.
C.
Where review by the county is required, the Town Board
shall submit required documents to the County Planning Department
at least 30 days prior to the public hearing, and the Town Board shall
render its decision within 60 days after the public hearing.
D.
The Town Board, in considering an application hereunder, shall make specific findings in a written decision, whether in favor of granting or denying the special use permit. In rendering such decision, the Town Board may exercise such discretion reserved for legislative matters so as to ensure that public health, welfare and safety are protected, and environmental resources and aesthetic concerns are most efficiently programmed and safeguarded, and any authorization hereunder shall not create fiscal burdens upon the community at large or an adverse impact upon adjacent property owners, and the intent and purpose of § 143-2 of this chapter are fulfilled. Denial of an application under this article shall not bar or prevent the use or uses of the parcel under consideration in accordance with the applicable terms, conditions and requirements of the district in which the parcel is located upon the applicant making a new application and the Town granting a permit therefor.
E.
The Town Board may make its approval contingent upon
the applicant meeting specific requirements set forth by the Town
Board in its special use permit which the Town finds are necessary
for the health, safety and welfare of the Town's residents or visitors
to the Town, or in keeping with the overall comprehensive planning
for the Town, as well as aesthetic considerations.
F.
A special use permit granted for PUD shall be deemed null and void if substantial construction has not begun within 12 months from the date upon which the special use permit was approved by the Town Board notwithstanding the provision of § 143-68, unless otherwise extended by resolution of the Town Board.
G.
Notwithstanding the issuance of a PUD special use permit, the provision of Article XIV including the requirement to obtain a building permit for each building or structure shall continue to be applicable. If there is an express conflict between any provision of this Article IV and any other provision of this chapter, the express provision of Article IV shall apply.
