Town of Niskayuna, NY Article VII Planned Unit Development

§ 220-33 Purpose.

The purpose of the planned unit development regulations is to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate the adequate and economical provisions of streets and utilities; to preserve the natural and scenic qualities of open space; and to encourage, in compatibility with the goals and objectives of the Comprehensive Land Use Plan, large-scale residential developments that are planned, designed and developed to function as integral units independent of adjacent building sites.

§ 220-34 Objectives.

In order to realize the purpose of this article, a planned unit development (PUD) shall achieve the following objectives:

A. A maximum choice in housing environment and type, occupancy tenure (e.g., cooperatives, individual ownership, condominium, leasing), lot sizes and common facilities.

B. More usable open space and recreation areas and, if permitted as part of a project, more convenience in location of accessory commercial and service uses.

C. A development pattern which preserves outstanding natural topography and geologic features, scenic vistas and trees and prevents the disruption of natural drainage patterns.

D. An efficient use of land resulting in smaller networks of utilities and streets.

E. A development pattern in harmony with the land use intensity, transportation facilities and community facilities objectives of the Comprehensive Land Use Plan.

§ 220-35 General requirements.

A. Minimum project area. The minimum project area for a Planned Unit Development District shall be 50 contiguous acres of land. The Town Board, following referral to the Planning Board for its report and recommendations, may consider projects of lesser acreage where the applicant can demonstrate that the characteristics of his holdings meet the purpose and objectives of this article.

B. Project ownership. The project land may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. Such ownership may be a public or private corporation. The approved project plan shall be binding on the project land and owner(s).

C. Location of Planned Unit Development Districts. The PUD District shall be applicable only to R-R, R-1 and R-2 Districts, where the applicant can demonstrate that the characteristics of his holdings meet the purpose and objectives of this article with particular respect to the Comprehensive Land Use Plan objectives.

D. Permitted uses. All uses within a PUD District shall be determined by the following provisions:

(1) Residential uses. Residences may be of a variety of types.

(2) Nonresidential uses. Nonresidential uses may be permitted where such uses are scaled primarily to serve the residents of the PUD. Nonresidential uses shall be accessory commercial, accessory services or professional office only. The following proportions are deemed to be in keeping with the purpose and objective of this article:

(a) There shall be 100 dwelling units in a PUD District before any nonresidential uses are permitted.

(b) The maximum floor area for PUD-related nonresidential uses shall be no greater than 5% of the livable floor area of the project, but in no event more than 6,000 square feet.

(c) Customary accessory or associated uses such as private garages, storage spaces, recreational and community activity centers may be permitted and shall not be subject to the above-stated restrictions for other nonresidential uses.

E. Land use intensity consideration. In keeping with the intent of this article, land use intensity shall be allowed to increase beyond that which is the basic requirement of the zoning district in which a PUD is permitted and contemplated. The increases in intensity of land use shall be as follows: In R-R, R-1 and R-2 Districts, the overall project density may be increased by an amount not to exceed 30% of that which is normally permitted by right in such district.

F. Common property in planned unit developments.

(1) Common property in a PUD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites.

(2) Common property shall comprise a minimum of 30% of any PUD. Such common property shall be either public or private. In cases of common property maintained privately, such lands shall be covenanted to the satisfaction of the Town Board to ensure that such areas shall not be utilized for future building sites and also to ensure that said lands shall be maintained in a manner specified in the covenant as approved by the Town Board. In the computation and determination of common property areas, lands shall be of such location and configuration that they shall adequately serve and be accessible to all building sites within the PUD and comprise lands that are suitable for open space use.

§ 220-36 Application procedure and approval process.

A. Prior approval required. Whenever any planned unit development is proposed, before any contract is made for the sale of any part thereof, before any zoning and building permit shall be granted and before any subdivision plat may be filed in the office of the County Clerk, the prospective developer or his authorized agent shall apply for and secure approval of such planned unit development in accordance with the following procedures.

B. Application for a planned unit development. The applicant shall apply in writing to the Town Board and petition such Board for consideration in granting preliminary approval to make formal application for the creation of a Planned Unit Development District. Upon receipt of such petition, the Town Board shall refer the petition to the Planning Board for its review, report and recommendations. Such Planning Board report shall be rendered within 30 days from the date of transmittal from the Town Board. Following receipt of the Planning Board report, the Town Board shall render a favorable or unfavorable decision to the applicant in writing. A favorable report shall authorize the applicant to proceed to the formal application and approval stages. In considering a petition for preliminary approval, the Town Board, among other things, shall consider the project scale, proposed use configuration, compatibility with the Comprehensive Land Use Plan goals and objectives, compatibility and relationship to the adjacent land uses and public facilities and utilities impact.

C. Sketch plan approval.

(1) Prior to the Town Board granting tentative zoning approval and holding a public hearing, the applicant shall submit a sketch plan to the Planning Board for its approval. Such sketch plan approval sequence is necessary for the understanding and comprehension of the applicant's proposal.

(2) The sketch plan shall be drawn approximately to scale, though it need not be drawn 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 the number, size and types of dwelling units proposed; plus a calculation of the density pursuant to § 220-35E.

(d) The interior open space system.

(e) The interior drainage system.

(f) If grades exceed 3% or portions of the site have moderate to high susceptibility to erosion, flooding or ponding, a topographic map showing contour intervals of not more than two feet of elevation.

(g) Evidence of any sort in the applicant's own behalf outlining the above susceptible soil areas, if any, demonstrating design treatments proposed to mitigate such problem areas.

(h) Principal relationships to the community at large with respect to highways, water supply and sewage disposal.

(i) A location map showing uses and ownership of abutting lands.

(j) Estimates of the school population anticipated and the allocation to existing schools.

(k) Parking spaces. There shall be a minimum of two parking spaces per apartment or townhouse. At least one of these spaces must be enclosed or under cover.

(3) Additional documentation required. In addition, the following documentation shall accompany the sketch plan:

(a) Evidence of how the applicant's particular mix of housing types is compatible with the goals and objectives of the Comprehensive Land Use Plan.

(b) Statement as to how common open space is to be owned, administered and maintained.

(c) If the development is to be staged, a clear indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan shall show the complete project.

(d) Evidence in the applicant's behalf demonstrating his competence to carry out the plan, both physically and financially.

D. Planning Board review of the sketch plan. The Planning Board shall review the sketch plan and its related documents, shall hold a public hearing and then shall render either a favorable report to the Town Board or an unfavorable report to the applicant.

(1) Favorable report. A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering tentative zoning approval. The recommendation shall be based upon the following findings, which shall be part of the report, including specific reasons for the recommendation:

(a) The proposal conforms to the Comprehensive Land Use Plan objectives.

(b) The proposal meets the objectives of this article as expressed in § 220-34.

(c) The proposal meets all the general requirements of § 220-35.

(d) The proposal is conceptually sound in that it meets a community need and conforms to accepted design principles in the proposed roadway system, land use configuration, open space system, drainage system and scale of the elements both absolutely and to one another.

(e) There are adequate services and utilities available or proposed to be made available in the construction of the development.

(f) There are adequate highways and local roads to serve the development.

(2) Unfavorable report. An unfavorable report shall clearly state the reasons thereof and, if appropriate, point out to the applicant what might be done in order to receive a favorable report.

(3) Appeal of an unfavorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application for tentative approval with the Town Clerk. The Town Board may then determine whether or not it wishes to call a public hearing and proceed.

(4) Planning Board certification required. The Chairman of the Planning Board shall certify when all application material has been presented; and the Planning Board shall submit its report within 45 days of such certification. If no report has been rendered within 45 days, the applicant may proceed as if a favorable report were given to the Town Board.

E. Application for tentative zoning approval.

(1) Town Board action. Upon receipt of a favorable report from the Planning Board 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 granting tentative approval to the applicant's plan in accordance with the procedures established in § 220-72D. The Town Board shall also refer a copy of such application to the Schenectady County Department of Planning pursuant to the provisions of § 220-71. The Town Board shall also refer the application to the Town Engineer for his review. The Town Engineer shall report within 30 days.

(2) Town Board report. Within 60 days of receipt of the County Planning Department report or within 90 days of referral to the County Planning Department, whichever is sooner, the Town Board shall render its decision on the application.

F. Zoning for planned unit developments.

(1) If the Town Board grants tentative approval following a public hearing, the Official Zoning Map shall be so annotated. The Town Board may in order to protect the public health, safety and welfare of the community, attach to its zoning amendment any additional conditions or requirements for the applicant to meet. Such conditional attachments may include, but are not limited to, the project's visual screening, construction priorities, residential land use mixes, pedestrian and vehicular circulation systems and protection of natural and/or scenic vistas.

(2) Conditions for final zoning approval shall be as follows:

(a) Securing preliminary and final site plan approval in accordance with the provisions of Article VIII of this chapter and approval of a final subdivision plat pursuant to Chapter 189, Subdivision of Land, of the Town.

(b) Compliance with any condition requirements as outlined in Subsection F(1) above.

(c) Placement of improvements and/or posting of performance bond(s) in accordance with § 220-38 of this article.

G. Request for changes in sketch plans. If, in the site plan development state, it becomes apparent that certain elements of the sketch plan, as it has been tentatively approved by the Town Board, are unfeasible and in need of modification, the applicant shall then present such modifications to the Planning Board as his preliminary site plan in accordance with the Article VIII procedures. The Planning Board 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 application shall be considered disapproved. The Planning Board shall so notify the Town Board with a recommendation that the plat be rezoned to its previous zoning district. The Town Board shall then take appropriate action to amend this chapter according to § 220-72 of this chapter. The applicant may resubmit his proposal and initiate proceedings as provided herein.

H. Final site plan approval requirements. Final site plan approval, in addition to the requirements contained in Article VIII, shall also satisfy Chapter 189, Subdivision of Land, provisions of the Town for final plat approval.

I. Project staging.

(1) If the applicant wishes or is required as a condition of zoning approval to stage project development and has so indicated as per Subsection C(3)(c), then he may or shall submit only those stages he wishes to develop for site plan approval in accordance with his staging plan. Upon posting performance bond(s) or improving each stage, the affected portion(s) of the plan shall be deemed as finally approved. Any plan requiring more than 24 months to complete shall be required to be staged; and a staging plan must be developed.

(2) At no point in the development of a PUD shall the ratio of nonresidential to residential acreage or the dwelling unit ratios between the several different housing types for that portion of the PUD completed and/or under construction differ from that of the PUD as a whole by more than 20%.

§ 220-37 Changes after construction and occupancy.

For the purpose of regulating development and the use of property after initial construction and occupancy, any changes other than use changes shall be processed as a variance request pursuant to the provisions of § 220-69 of this chapter. Use changes shall be processed as requests for special use permit and shall require Planning Board approval. Properties lying in Planned Unit Development Districts are unique and shall be so considered by the Zoning Board of Appeals and the Planning Board when evaluating variance and special use requests. The maintenance of the intent and function of the planned unit development shall be of primary concern.

§ 220-38 Financial responsibility for completion of improvements and other requirements.

No building and zoning permits shall be issued for excavation or construction within a Planned Unit Development District until improvements are installed or performance bond(s) posted in accordance with the same procedures as provided for in § 277 of the Town Law relating to subdivision of land and any other such requirements as may be imposed as a condition of Town Board zoning approval for a Planned Unit Development District.