[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.
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]
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:
The owner shall submit an application which pertains to a parcel of land in single or common ownership comprising at least four acres.
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.
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.
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.
Two off-street parking places shall be provided for each density unit.
[Amended 9-9-1991 by L.L. No. 1-1991]
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.
The process and procedure for obtaining a special use permit to establish and construct a PUD requires:
Approval of the concept by the Town Board after receipt of the report and recommendation of the Committee on Concept Approval, a committee comprised of members of the Town Board and the Board of Appeals pursuant to § 143-22A;
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.
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.
Permitted uses in a PUD. Permitted uses in a PUD shall be as follows:
Any dwelling use or related structure permitted and as regulated in the R and/or R-L Districts.
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.
Definitions applicable to this Article. As used in this Article, the following terms shall have the meanings indicated:
- DENSITY UNIT
- A dwelling unit containing not less than 800 square feet designed for use by not more than one family.
Standards and application procedure.
Minimum land area.
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.
"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]
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]
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.
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.
Concept plan and approval.
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.
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.
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 description of the land area comprising the proposed PUD project and the present use of the parcel, including buildings and structures thereon.
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.
A description of land surrounding the proposed PUD District and evidence that the proposal is compatible with the town's comprehensive planning goal.
A description of the estimated costs of completing the entire project and indication as to how the applicant plans to finance the costs.
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.
General statements as to how common open space is to be owned and maintained.
A proposed timetable for development and, if a staged development, a general indication of how the staging is planned.
The present ownership of all lands included within the proposed PUD area.
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.
Any evidence that tends to demonstrate the applicant's ability to carry out the plan, both physically and financially.
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.
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.
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.
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.
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:
The location of various uses and the area of each use.
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.
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.
All open spaces, including details of recreational facilities.
The overall drainage system.
Existing and proposed topographical contours must be shown at intervals of not more than 10 feet.
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.
If the project is a staged development, a specific statement of how staging is planned and the timetable for each stage.
Water supply and sewage disposal facilities.
The types and colors of materials to be used on exterior of any buildings or structures.
The applicant's plans shall have been submitted and found not to be incompatible with the State Environmental Quality Review Act. 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.
Editor's Note: See Article 8 of the Environmental Conservation Law.
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.
The Town Board shall refer the application, when required by law, to the County Planning Department.
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.
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.
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.
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.
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.