A.
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 economic 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 and/or commercial developments
that are planned, designed and developed to function as integral units
independent of adjacent building sites.
B.
Objectives. In order to realize the purpose of this
section, a planned unit development (PUD) shall achieve the following
objectives:
(1)
All PUD projects.
(a)
A development pattern which preserves outstanding
natural topography and geological features, scenic vistas, trees,
and prevents the disruption of natural drainage patterns.
(b)
An efficient use of land resulting in smaller
networks of utilities and streets.
(c)
A development pattern in harmony with the land
use intensity, transportation facilities, and community facilities
objectives of the Comprehensive Land Use Plan.
(d)
The preservation, renovation and/or adaptive
reuse of existing structures of historic and/or local significance.
(e)
A creative use of land and related physical
development which allows an orderly transition of land from rural
to urban character and uses.
(f)
A more desirable environment than would be possible
through the strict application of other articles of this chapter.
(2)
Residential PUD.
(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.
(3)
Commercial PUD.
(a)
The maintenance and creation of commercial services
at varying scales and intensities essential to the recreation-commercial
economy of Bolton.
(b)
More usable open space and recreation areas
functioning as both as integral part of the commercial entities and
public consumption.
(c)
A symbolic relationship with residential units,
both integral with and adjoining the project, creating a mutually
beneficial functional interchange.
A.
Minimum project area. The minimum project area of
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 section.
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 to all zones, except GB - General
Business and LC-45 - Land Conservation, 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. In no case shall the Zoning Map be noted to indicate
a PUD if, in the judgment of the Town Board, the objectives are not
realized in the PUD design. (In no case shall a PUD be approved unless
a common water supply and sanitary sewer system are available to serve
the development.)
D.
Permitted uses. All uses within a PUD District shall
be determined by the following provisions:
(1)
Residential PUD.
(a)
Residential uses.
[1]
Residences may be of a variety of types, including
single-family dwellings, townhouses and garden apartments, but shall
not exceed three stories or 35 feet in height.
[2]
In developing a balanced community, the use
of housing types and densities shall be deemed most in complying with
the objectives of the PUD. The developer must also demonstrate that
he/she is reaching as broad an economic market as possible. The absence
of any but middle income and higher income housing in the proposed
PUD shall be considered grounds for disapproval of the proposed application.
(b)
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 objectives of this article.
[1]
There shall be 75 dwelling units in a PUD district
before any nonresidential uses are permitted.
[2]
The maximum floor area for PUD related nonresidential
uses shall be no greater than 5% of the livable floor space of the
project, but in no event more than 6,000 square feet, except where
prior existing buildings considered significant according to the Town
Plan require additional commercial intensity and square footage.
[3]
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.
[4]
Nonresidential buildings shall not exceed three
stories or 35 feet, except where prior existing buildings considered
significant according to the Town Plan are an integral part of the
PUD.
(2)
Commercial PUD.
(a)
Commercial uses. Commercial uses may be a variety
of scales, types and orientation from commercial recreation to general
retail business to commercial retail services to wholesale commercial
uses, except that the highway "strip" orientation of such uses shall
be discouraged by the Town.
(b)
Noncommercial uses. Noncommercial uses may be
permitted where such uses are designed to be integrated into the normal
functioning of the PUD.
E.
Land use intensity considerations.
(1)
The establishment of a PUD by the Town Board in essence amounts to a rezoning. In this respect, the land use intensities of the particular zone(s) listed in Article IV of the Zoning Chapter that are most like the proposed intensities of the PUD should be used, except that
(2)
The overall intensity of the project cannot exceed
the amount of available development potential of the individual APA-LUDP
Land Use Intensity Zone(s) within which the proposed PUD is located.
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 patrons, 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. Public
open space, when established by the Town Board, may be substituted
for that amount of private open space. 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 to all building sites within
the PUD and comprise lands that are suitable for open space use. Streets
and parking areas shall not be included when computing the amount
of common property.
A.
General. Whenever a PUD is proposed, 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.
Preapplication review.
(1)
Prior to the formal filing of an application or the
preparation of a preliminary plat, the applicant shall submit to the
Town Clerk, with copies to the Planning Board and the Adirondack Park
Agency, a sketch plan of the proposed development, together with a
key map and topographic and development data.
(a)
Such sketch plan shall be approximately to scale
and shall clearly show the following information.
[1]
The location of the various uses and their areas
in acres.
[2]
The general outlines of the interior roadway
system and all existing rights-of-way and easements, whether public
or private.
[3]
Delineation of the various residential areas
indicating for each such area its general extent, size and composition
in terms of total number of dwelling units, approximate percentage
allocation by dwelling unit type (i.e., single-family detached, duplex,
townhouse, garden apartments, highrise) and general description of
the intended market structure (i.e., luxury, middle-income, moderate-income,
elderly units, family units, etc.); plus a calculation of the residential
density in dwelling units per gross acre (total area, including interior
roadways) for each such area.
[4]
The interior open space system.
[5]
The overall drainage system.
[6]
A topographic map showing contour intervals
of not more that five feet and the proposed grading concept, showing
areas of cut and fill.
[7]
Principal ties to the community at large with
respect to transportation, water supply, and sewage disposal.
[8]
General description of the provision of other
community facilities, such as schools, fire protection services, and
cultural facilities, if any, and some indication of how these needs
are proposed to be accommodated.
[9]
A location map showing uses and ownership of
abutting lands.
(b)
In addition, the following documentation shall
accompany the sketch plan:
[1]
Evidence of how the developer's particular mix
of land uses meets existing community demands to include area-wide
as well as local considerations.
[2]
Evidence that the proposal is compatible with
the goals of local and area-wide Master Plans, if any.
[3]
General statement as to how common open space
is to be owned and maintained.
[4]
If the development is to be staged, a general
indication of how the staging is to proceed. Whether or not the development
is to be staged, the sketch plan of this section shall show the intended
total project.
[5]
Evidence of any sort in the applicant's own
behalf to demonstrate his competence to carry out the plan and his
awareness of the scope of such a project, both physical and financial.
(c)
Such sketch plan shall be submitted at least
14 days prior to the meeting date of a regularly scheduled meeting
of the Planning Board at which time said Board shall determine the
sufficiency and completeness of the material and if satisfactory shall
forward it to the Town Board at least two weeks prior to the regular
meeting date of said Town Board.
(2)
A simultaneous submittal of the accepted material
shall be transmitted to the Adirondack Park Agency for its official
review and comment.
(3)
The Planning Board and Town Board shall meet, with
or without the applicant, to discuss the proposed PUD, its relationship
to the Town Plan(s) and other aspects of the proposal, including proposed
public common open and recreation space such as:
(a)
The proposal conforms to the Master Plan.
(b)
The proposal meets the intent and objectives of the planned unit development as expressed in § 200-88.
(c)
The proposal meets all the general requirements
of this section.
(d)
The proposal is conceptually sound in that it
meets local and area-wide needs and it conforms to accepted design
principles in the proposed functional roadway and pedestrian systems,
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.
(4)
The Planning Board shall inform the applicant within
45 days of submission as to whether the sketch plan, as submitted
or as modified, meets the planning objectives of the Town. If said
plans and data do not meet the planning objectives, the Board shall
express its reasons therefor.
(a)
The Planning Board shall render either a favorable
report to the Town Board or an unfavorable report to the applicant.
(b)
An unfavorable report shall state clearly the
reason therefor and, if appropriate, point out to the applicant what
might be accomplished in order to receive a favorable report. The
applicant may, within 10 days after receiving an unfavorable report,
request the Town Board to call a public hearing and continue on with
the approval process. The applicant is encouraged, however, to resubmit
a sketch plan to the Planning Board.
(5)
Within 45 days of receipt of a favorable report or
upon receipt of a request from the applicant within 10 days after
receipt of an unfavorable report, the Town Board shall conduct a duly
advertised public hearing on the proposed PUD. Comments on the Town
Planning Board shall be read as public testimony at the public hearing.
(6)
Within 45 days from the date of the public hearing,
the Town Board shall take action to approve, with or without modifications,
or disapprove the proposed PUD.
(7)
If approved or approved with modifications and accepted,
the applicant may proceed to preliminary PUD plat application.
C.
Preliminary PUD plat review. This stage is where the
Town Board officially establishes the PUD as to location and general
content prior to referring it to the Planning Board to administer
and review the approval process.
(1)
A preliminary PUD plat shall be submitted to the Town
Clerk with copies to the Planning Board together with the application
forms and fees as posted on the Schedule of Fees, and together with
such other information specified in the informal preapplication process,
including but not limited to:
(a)
An area map showing the applicant's entire holding,
that portion of the applicant's property under consideration, and
all properties, subdivision, streets, and easements within 500 feet
of the applicant's property.
(b)
A topographic map showing contour intervals
of not more than five feet of elevation shall be provided.
(c)
A preliminary site plan, including the following
information:
[1]
Title of drawing, including name and address
of applicant.
[2]
North point; scale and date.
[3]
Boundaries of the property plotted to scale.
[4]
Existing watercourses.
[5]
A site plan showing location, proposed use and
height of all buildings, location of all parking and truck-loading
areas, with access and egress drives thereto; location and proposed
development of all open spaces, including parks, playgrounds, and
open reservations; location of outdoor storage, if any; location of
all existing or proposed site improvements, including drains, culverts,
retaining walls and fences; description of method of sewage disposal
and location of such facilities; location and size of all signs; location
and proposed development of buffer areas; location and design of lighting
facilities; and the amount of building area proposed for nonresidential
uses, if any.
(d)
A tracing overlay showing all soils areas and
their classifications, and those areas, if any, with moderate to high
susceptibility to flooding, and moderate to high susceptibility to
erosion. For areas with potential erosion problems, the overlay shall
also include an outline and description of existing vegetation.
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Such preliminary plat shall be submitted at
least 14 days prior the meeting date of a regularly scheduled meeting
of the Planning Board, at which time said Board shall determine the
sufficiency and completeness of the material and if satisfactory shall
forward it to the Town Board at least 14 days prior to the regularly
scheduled meeting of said Town Board.
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(2)
Public hearing by the Town Board. Within 45 days of
receipt of the preliminary PUD plat application the Town Board shall
conduct a duly advertised public hearing on the application. In addition
to plat review and comment from the Town Planning Board and Town Engineer,
the plat shall be forwarded to the County Planning Board and Health
Department, and Department of Environmental Conservation, if required,
for review and comment. The Town Board shall give due consideration
to such reviews in arriving at their decision.
(3)
Decision of the Town Board. Within 45 days from the
date of the public hearing the Town Board shall take action to approve,
with or without modifications, or disapprove the preliminary PUD plat.
(4)
If approval has been granted with modifications, the
applicant shall have 30 days within which to notify the Town Board
of his acceptance of all of said modifications and conditions.
(5)
If approved or approved with modifications and accepted,
the area of the PUD plat shall be noted on the Zoning Map maintained
in the office of the Town Clerk. Such notation does not qualify a
plat for recording nor authorize development or the issuance of any
building permits.
(6)
Requirements. If approval, with or without modification,
is granted, the Town Board shall, as part of the resolution of approval,
specify the drawings, specifications and forms of performance bonds
that shall accompany an application for final approval. All such material
shall be generally according to the subdivision regulations final
plat.
(7)
If the final PUD plat or an agreed-upon first stage
of development final PUD plat is not submitted within 180 days or
within a time limit extended by mutual consent, the area of the PUD
plat noted on the Zoning Map may be withdrawn on resolution of the
Town Board and the area revert to the prior zoning district or districts.
D.
Final PUD plat.
(1)
An application for final approval may be for the entire
area of the proposed PUD or an agreed-upon section of first-stage
development. Said application shall be made to the Planning Board
by filing with the Town Clerk and with copies to the Town Board and
the County Planning Board within 180 days after approval, with or
without modifications of the preliminary PUD plat, or within the time
limit established by mutual consent. The application shall include
such drawings, specifications, covenants, easements, conditions and
form of performance bond as were set forth by the Town Board at the
time preliminary approval was granted.
(a)
In addition to the requirements set forth by
the Town Board for final plat applications, the following shall be
submitted:
[1]
The final plan at a scale of 50 feet to one
inch. Where more than one sheet is required to show the entire development,
a key map shall be provided.
[2]
The lines of existing and proposed streets and
sidewalks immediately adjoining and within the PUD or PUD stage.
[3]
The names of existing and proposed streets.
[4]
Typical cross sections of the proposed streets
and sidewalks.
[5]
Profiles of proposed streets at a suitable vertical
scale showing finished grades in relation to the existing ground elevation.
[6]
Layout of proposed lots, including lot numbers
and proposed numbering system for buildings.
[7]
The location and size of any existing and proposed
sewers (stormwater and/or sanitary), water mains, and pipes on the
property or into which any connection is proposed.
[8]
Provisions for water supply and sewage disposal,
and evidence that such provisions have received approval of the appropriate
agency.
[9]
Location of survey monuments.
[10]
A planting plan indicating locations, varieties,
and minimum sizes of trees to be planted and of existing trees to
be preserved. Existing wooded areas need not be itemized but should
be generally described.
[11]
Brief specifications or reference to Town standards
for all public facilities to be constructed or installed within the
PUD stage.
(b)
Such final plat shall be submitted at least
14 days prior to the meeting date of a regularly scheduled meeting
of the Planning Board, at which time said Board shall determine the
sufficiency and completeness of the material.
(2)
Within 45 days of the submission of the completed final PUD plat application, the Planning Board shall conduct a public hearing. Notice of the public hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before it is held. Within 45 days of the public hearing the Planning Board, having given due consideration to the reviews by the Town Board and the County Planning Board, shall approve the final plat; or conditionally approve with or without modifications, or disapprove; or if it is in substantial agreement with an approved Town-established PUD according to § 200-90C hereof.
(3)
In addition to the final PUD plat, a condition for
final approval shall be the execution of a contract between the PUD
applicant and the Town of Bolton. Said contract shall cite the responsibilities
of both the Town and the applicant (and other parties, if applicable)
inherent in the development of the PUD (i.e., conditions of approval,
project staging, open space provisions, necessary zoning actions,
public services provisions, etc.). All performance requirements for
both the Town and the applicant shall be included in the contract
next and attested to be all concerned parties.
(4)
If the final PUD plat is given conditional approval
by the Town Board, the applicant is not entitled to file the plat
with the County Clerk but shall have 180 days to meet the conditions,
and the Planning Board may extend this time for up to 180 additional
days. Failure to comply with these time limits or the disapproval
of the final PUD plat shall result in the area of the PUD plat noted
on the Zoning Map being withdrawn on resolution of the Town Board
and the area revert to the prior zoning district or districts.
(5)
After compliance with all requirements and after approval
of the final PUD plan by official action of the Town Board, the applicant
shall, within 30 days of such official action, file the approved plat
with the County Clerk; otherwise such final approval shall expire
as provided by the Town Law.
(6)
Unless building permits have been issued within one
calendar year following the date of filing of an approved final PUD
plat with the County Clerk, such approval shall be revoked and the
area so noted on the Zoning Map shall revert to the prior zoning district
or districts.
A.
Preliminary and final plat approvals, in addition
to meeting the requirements of this section, shall also satisfy the
Town Subdivision Regulations,[1] including the installation of streets and utilities, and all applicable standards in this chapter, including, but not limited to, Article VI, Supplemental Regulations.
A.
If the applicant wishes, or is required as a condition
of the zoning approval, to stage project development and has so indicated
as per regulations of this chapter, then he may or shall submit only
those stages he wishes to develop for site approval in accordance
with his staging plan. Upon installation of improvements in 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.
B.
At no point in the development of a residential 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 50% except where residential facilities
are constructed prior to PUD application.
A.
For purpose of regulating development and the use
of property after initial construction and occupancy, any changes
shall be preceded by a variance request. Properties lying in Planned
Unit Development Districts are unique and shall be so considered by
the Zoning Board of Appeals and by the Planning Board when evaluating
variance requests. The maintenance of the intent and function of the
planned unit development shall be of primary concern.
B.
Streets, roads, alleys, walkways and parking areas
within the development, whether or not dedication of them to the Town
is contemplated, shall conform with all applicable Town ordinances
and regulations.
No building and zoning permits shall be issued
for excavation or construction within a Planned Unit Development District
until improvements are installed in accordance with the same procedures
as provided for in § 277 of the Town Law relating to subdivisions
of land and any other such requirements as may be imposed as a condition
of the Town Board zoning approval for a Planned Unit Development District.
