A.
It is the intent of this Article regulating planned unit
developments (PUD's) to provide performance criteria in the context of
flexible use and design regulations so that small-to-large-scale residential
neighborhoods may be developed, within designated districts, incorporating
a variety of residential types and nonresidential uses and containing both
individual building sites and common property which are planned and developed
as a unit. Such a planned unit is to be designed and organized so as to be
capable of satisfactory use and operation as a separate entity without necessarily
needing the participation of other building sites or other common property
in order to function as a neighborhood.
B.
This Article specifically encourages innovation 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
by the conservation and more efficient use of land in such developments. This
Article recognizes that while the standard zoning function (use and bulk)
and the subdivision function (platting and design) are appropriate for the
regulation of land use in areas or neighborhoods that are already substantially
developed, these controls represent a type of preregulation, regulatory rigidity
and uniformity which may be inimical to the techniques of land development
concept. Further, this Article recognizes that a rigid set of space requirements,
along with bulk and use specifications, would frustrate the application of
the planned unit development concept. Thus, where PUD techniques are deemed
appropriate through the rezoning of land to a planned unit development by
the Town Board, the set of use and dimensional specifications otherwise set
forth in this chapter are herein replaced by an approved process in which
an approved plan with proper rezoning becomes the basis for continuing land
use controls during the development period.
C.
In order to carry out the intent of this Article, a PUD
shall achieve the following objectives:
(1)
A maximum choice in the types of environment; occupancy;
tenure, e.g., cooperatives, individual ownership, condominium and leasing;
types of housing; lot sizes; and community facilities available to Town residents
at all economic levels.
(2)
More usable open space and recreation areas.
(3)
More convenience in location of accessory commercial
and service areas.
(4)
A development pattern which preserves trees, outstanding
natural topography and geologic features and prevents soil erosion.
(5)
A creative use of land and related physical development
which allows an orderly transition of land from rural to urban uses.
(6)
An efficient use of land resulting in smaller networks
of utilities and streets and thereby lower housing costs.
(7)
A development pattern in harmony with the objectives
of the Comprehensive Development Plan.
(8)
A more desirable environment than would be possible through
the strict application of the provisions of this chapter as a whole.
A.
Under normal circumstances, the minimum area required
to qualify for a planned unit development shall be 100 contiguous acres of
land. Where the applicant can demonstrate that the characteristics of his
holdings will meet the objectives of this new section, the Planning Board
may consider projects with less acreage only if contiguous to an existing
PUD District.
B.
The tract of land for a project may be owned, leased
or controlled either by a single person or corporation or by a group of individuals
or corporations. An application must be filed by the owner or jointly by the
owners of all property included in a project. In the case of multiple ownership,
the approved plan shall be binding on all owners.
C.
The PUD shall be applicable to any area of the Town,
except those areas zoned for commercial, industrial or land conservation purposes,
where the applicant can demonstrate that the characteristics of his holding
will meet the objectives of this Article.
D.
The following shall be permitted uses:
(1)
Dwelling units in detached, semidetached, attached, clustered
or multistoried structures or a combination thereof.
(2)
Commercial uses, where such uses are scaled primarily
to serve the residents of the PUD, such as retail sales, personal service
stores, professional offices, banks and brokerage offices.
(3)
Public and private institutional recreational facilities.
(4)
Office uses.
E.
Residential density and standards.
(1)
The total number of dwelling units allowed shall not
be more than four times the number of gross acres in the development. Gross
acres shall be calculated based upon developable land (land on which buildings
may be constructed). Gross acres shall exclude wetlands, streams, etc.
(2)
At least 30% of the total number of dwelling units within
any PUD will be single-family detached or semidetached structures. Where the
applicant demonstrate that the characteristics of his holding will meet the
objectives of this Article, the Planning Board may consider projects with
less than 30% single-family or semidetached structures; provided, however,
that where a higher percentage of single-family detached or semidetached structures
is necessary to meet the objectives of this Article, the Planning Board may
require such higher percentage.
(4)
At least 25% of the total planned unit development area
shall be left in landscaped open spaces or open spaces left in their natural
state. Said open spaces or areas may be retained as common property, as defined
herein or, if permitted by the Town Board, conveyed to the Town of Boston
for public use. The Planning Board may require as much as 15% of the total
common open space to be maintained in the form of suitably equipped play areas
or a fee to be paid in lieu thereof to the Recreation Trust Fund.
(5)
Floodplains and natural or man-made drainage areas may
be conveyed to the Town of Boston, if permitted by the Town Board.
(6)
All multifamily uses must provide adequate landscaping,
with at least one approved tree per dwelling unit.
(7)
An adequate buffer strip shall be provided between residential
and nonresidential uses, between residential uses and state or County uses
and between the planned unit development and contiguous residential zones.
The buffer strip shall be landscaped with grass, shrubs, trees [at least five
feet in height] or other suitable ground cover. A buffer strip of 100 feet
is deemed adequate except in cases where variations in topography dictate
otherwise.
(8)
The developer shall provide all necessary water and sewer
facilities, storm drainage, highway access, paved service streets, parking
and loading facilities and off-streetlighting, making reasonable provision
for utility service connections with adjoining properties in other ownerships.
Such proposed improvements shall be subject to review by the Town of Boston.
(9)
The developer shall provide the Town with a thorough
study showing the project's impact on schools and public services, including
the tax generation of the project and, further, an analysis of the needs for
schools and public services.
F.
Commercial density and standards.
(1)
Commercial uses may be permitted or required where such
uses and size are scaled to serve the residents of the PUD. In no case can
the size of the commercial area exceed 10% of the total PUD area. No commercial
use shall be permitted in a residential area.
(2)
Parking areas serving commercial uses shall be provided
in accordance with Article XVIII of this chapter.
(3)
Signs shall be constructed as provided in the ordinances
and laws of the Town of Boston. However, no pedestal signs shall be allowed,
and all signs shall be attached and parallel to the front of the building
and below the roofline as defined in the ordinances of the Town of Boston.
G.
Common property.
(1)
"Common property" in a PUD is a parcel or parcels of
land, together with improvements thereon, the use and enjoyment of which are
shared by the owner-occupants of the individual building sites. Where such
property exists, the landowner shall provide for and establish an organization
for the ownership and maintenance of any common property. Such organization
shall not be dissolved, nor shall it dispose of any common property by sale
or otherwise.
(2)
Individual landowners in the PUD may not use any portion
of common property to increase their lot size in order to qualify for uses
under this chapter.
(3)
In reviewing the organization for the ownership and maintenance
of any common property, the Planning Board shall consider the following:
(a)
The time when the organization is to be created.
(b)
Mandatory or automatic nature of membership in the organization
by residents.
(c)
The permanence of common property safeguards.
(d)
The liability of the organization for insurance, taxes
and maintenance of all facilities.
(e)
Provision for pro rata sharing of costs and assessments.
(f)
The capacity of the organization to administer common
facilities.
A.
Where feasible, natural features such as streams, rock
outcrops, marshlands, topsoil, trees and shrubs shall be preserved and incorporated
into the landscaping of the development.
B.
Where adequate surface drainage is not possible by grading
alone, a supplementary drainage system approved by the Town of Boston shall
be required. On-site management of surface drainage shall be planned so that
there shall be no greater runoff during and following construction than prior
to commencement of construction. Lawn and yard areas shall be adequately drained
to permit normal use and maintenance.
C.
To improve the quality of the environment and to reduce
inconvenience during bad weather, the underground installation of all utilities
and telephone equipment shall be required.
D.
Lot sizes and dimensions. Locations and structures thereon
may be freely disposed and arranged to conform to the overall density standards
herein. Minimum lot size or frontage and, except for office uses, maximum
percentage of lot coverage are not specified herein. In reviewing any application
for a planned unit development, the Planning Board may be guided by the standards
set forth elsewhere in this chapter for comparable uses and by common good
planning practices, to the end that the resulting development shall be compatible
with the surroundings and assure the stability of the uses proposed to be
developed on the site.
E.
The right-of-way and pavement widths for internal roads
serving multifamily, single-family dwellings and commercial developments shall
be determined from sound planning and engineering standards to conform to
the estimated needs of the proposed full development and the traffic to be
generated thereby. The pavement of said roads shall be not less than 20 feet
wide, and said roads shall be adequate and sufficient in size, location and
design to accommodate the maximum traffic, parking and loading needs and the
access of fire-fighting equipment and police or emergency vehicles. In such
instances, the Town Board must approve deviations from the highway specifications
of the Town of Boston upon recommendations of the Town Engineer.
F.
The developer shall provide all necessary water and sewer
facilities, storm drainage, highway access, paved service streets, parking
and loading facilities and off-streetlighting, making reasonable provisions
for utility service connections with adjoining properties in other ownerships.
Such proposed improvements shall comply with Town standards and shall be subject
to review and approval by the appropriate Town authority.
G.
Nonresidential uses within the planned unit development
must be located so as to be amenable to nearby residential uses. Such uses,
including parking and loading areas, must be adequately screened and buffered
where adjacent to residential development.
H.
Other laws. Except as otherwise provided herein, all
laws, ordinances, rules and regulations applicable to the particular district
and the use and type of the land and buildings involved shall be applicable;
provided, however, that the Town Bard may modify the same so as to be in harmony
with the general concept of planned unit development.
A.
Application for sketch plan approval. In order to allow
the Planning Board and the developer to reach an understanding on basic design
requirements, at the earliest opportunity the developer shall submit a sketch
plan of his proposal to the Planning Board. The sketch plan shall be approximately
to scale, though it need not be to the precision of a finished engineering
drawing, and it shall clearly show the following information:
(1)
The location of various land uses and their areas in
acres.
(2)
The general outline 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
the number of dwelling units by each housing type, e.g., single-family detached,
townhouse and garden apartments, plus a calculation of the residential density
in dwelling units per gross acre for each residential area.
(4)
The interior open space system.
(5)
The interior drainage system.
(6)
A map or maps of present site conditions that includes
topography at contour intervals of five feet or less, streams or watercourses,
together with their classification if any, under the State Stream Protection
Law, and soil information as mapped by the United States Soil Conservation
Service or the equivalent, with soil legends and interpretations showing susceptibility
to erosion, flooding or ponding and soil suitability for the proposed uses.
(7)
A general description of the provision of other community
facilities, such as schools, fire protection services, cultural services,
if any, and some indication of how these needs are proposed to be accommodated.
(8)
A statement as to how common and open space is to be
owned and maintained.
(9)
A clear indication of how staging of the development
is to proceed.
(10)
A location map showing uses and ownership of abutting
lands.
(11)
Evidence that the proposal is compatible with the goals
of the Comprehensive Development Plan.
(12)
Evidence 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.
(13)
Principal ties to the community at large with respect
to transportation, water supply and sewage disposal.
(14)
General elevation plans of all buildings or types of
buildings, with an indication of the type of architecture to be used.
(15)
The legal description of the property.
B.
The Planning Board shall review the sketch plan and its
related documents and shall render either a favorable report to the Town Board
or an unfavorable report to the applicant. The Planning Board may call upon
the County and Regional Planning Boards, the Erie County Soil and Water Conservation
District, the Boston Conservation Advisory Council and any other public or
private consultants that it feels are necessary to provide a sound review
of the proposal.
(1)
A favorable report shall include a recommendation to
the Town Board that a public hearing be held for the purpose of considering
planned unit development. It shall be based on the following findings, which
shall be included as part of the report:
(a)
The proposal conforms to the purpose of the Comprehensive
Plan.
(b)
The proposal meets the intent and objectives of planned
unit development as expressed in § 123-55.
(d)
The proposal is conceptually sound in that it meets a
community need and it conforms to accepted design principles in the proposed
functional roadway system, land use configuration, open space system, drainage
system, and scale of the elements both absolutely and one to another.
(e)
There are adequate services and utilities available or
proposed to be made available in the construction of the development.
(2)
An unfavorable report shall state clearly the reasons
therefor and, if appropriate, point out to the applicant what might be necessary
in order to receive a favorable report. The applicant may, within 10 days
after receiving an unfavorable report, file an application for planned unit
development with the Town. The Town Board may then determine on its own initiative
whether or not it wishes to call a public hearing.
C.
The Chairman of the Planning Board shall certify when
all the necessary application material as required under this section has
been presented to the Board, and the Planning Board shall submit its report
within 60 days of such certification. If no report has been rendered after
60 days, the applicant may proceed as if a favorable report were given to
the Town Board.
A.
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 considering planned unit development and proper rezoning for
the applicant's plan in accordance with the procedures established under
the Town Law or other applicable laws, said public hearing to be conducted
within 45 days of the receipt of the favorable report or appeal from an unfavorable
report.
B.
The Town Board shall refer the application to the appropriate
Town authorities for their review and recommendations. The appropriate Town
authorities shall submit a report to the Town Board within 30 days of referral,
duly noting the feasibility and adequacy of those design elements under their
sphere of interest. This report need only concern itself with general conceptual
acceptances or disapproval, as the case may be, and in no way implies any
future acceptance or rejection of detailed design elements as will be required
in the later site plan review stage. The appropriate Town authorities may
also state in their report any other conditions or problems that must be overcome
before consideration of acceptance on their part.
C.
If the Town Board grants the planned unit development,
the Zoning Map of the Town of Boston shall be so notated with the appropriate
changes. The Town Board may, if it feels it necessary in order to fully protect
the public health, safety and welfare of the community, attach to its zoning
resolution any additional conditions or requirements for the applicant to
meet. Such requirements may include, but are not confined to, visual and acoustical
screening; land use mixes; order of construction and/or occupancy; circulation
systems, both vehicular and pedestrian; availability of sites within the area
for necessary public services, such as schools, firehouses and libraries;
protection of natural and/or historic sites; and other such physical or social
demands.
A.
Application for preliminary site plan approval shall
be to the Planning Board. The application shall be accompanied by the following
information, prepared by a planner or landscape architect or architect or
engineer.
(1)
An area map showing the applicant's entire holding,
that portion of the applicant's property under consideration and all
properties, subdivisions, streets and easements within 500 feet of the applicant's
property.
(2)
A topographic map showing contour intervals at not more
than five feet of elevation.
(3)
A preliminary site plan containing the following information:
(a)
The title of the drawing, including the name and address
of the applicant.
(b)
North point, scale and date.
(c)
Boundaries of the property, plotted to scale.
(d)
Existing watercourses.
(e)
A site plan showing the location, proposed use and height
of all buildings; the location of all parking and truck-loading areas, with
access and egress drives thereto; the location and proposed development of
all open spaces, including parks, play-grounds and open reservations, with
provisions for preservation of natural features; the location of outdoor storage,
if any; the location of all existing or proposed site improvements, including
drains, culverts, ponds, retaining walls and fences and erosion-control structures;
a description of the method of controlling erosion and sedimentation both
during and after development; a description of the method of sewage disposal
(all methods of sewage disposal must meet all state and County requirements;
the location and size of all signs; the location and proposed development
of buffer areas; the location and design of lighting facilities; and the amount
of building area proposed for nonresidential uses, if any.
(4)
Approximate final grading of lots, open areas, play-grounds
and commercial areas.
(5)
A development schedule (staging) indicating:
(a)
The approximate date when construction can be expected
to begin.
(b)
A balanced plan of staging and the approximate date when
construction of each stage can be expected to begin.
(c)
The anticipated rate of development.
(d)
The approximate dates when the development of each of
the stages will be completed.
(e)
The area and location of open space that will be provided
at each stage.
(6)
Agreements, provisions or covenants which govern the
use, maintenance and continued protection of the planned unit development
and any of its open spaces.
B.
Factors for consideration.
(1)
The Planning Board's review of a preliminary site
plan shall include but not be limited to the following standards:
(a)
General standards.
[1]
The planning unit development plan shall provide for
an effective and unified treatment of the development possibilities of the
site, making appropriate provision for the preservation of scenic features
and amenities of the site and the surrounding area.
[2]
The planned unit development shall be planned and developed
to harmonize with any existing or proposed development in the area surrounding
the site.
(b)
Building design standards.
[1]
All buildings in the layout and design shall be an integral
part of the development and have convenient access to and from adjacent uses
and blocks.
[2]
Individual buildings shall generally be related to each
other in design, masses, materials, placement and connections to provide a
visually and physically intergrated development.
[3]
Treatment of the sides and rear of all buildings within
the planned unit development shall be comparable in amenity and appearance
to the treatment given to street frontage of these same buildings.
[4]
The design of buildings and the parking facilities shall
take advantage of the topography of the site, where appropriate, to provide
separate levels of access.
[5]
All building walls shall be so oriented as to ensure
adequate light and air exposures to the rooms within.
[6]
All buildings shall be so arranged as to avoid undue
exposure to concentrated loading or parking facilities, wherever possible,
and shall be so oriented as to preserve visual and audio privacy between adjacent
buildings.
[7]
All buildings shall be arranged so as to be accessible
to emergency vehicles.
(c)
Landscape design standards.
[1]
Landscape treatment for plazas, roads, paths, service
and parking areas shall be designed as an integral part of a coordinated landscape
design for the entire site.
[2]
Primary landscape treatment shall consist of shrubs,
ground cover and street trees and shall combine with appropriate walks and
street surfaces to provide an attractive development pattern. Landscape materials
selected should be appropriate to local growing conditions.
[3]
Whenever appropriate, existing trees shall be conserved
and integrated into the landscape design plan.
[4]
All streets bordering or within the project area shall
be planted at appropriate intervals with street trees.
(d)
Open space design standards. No open area may be accepted
as open space under the provisions of this chapter unless it meets the following
standards:
[1]
The location, shape, size and character of the open space
must be suitable to the planned unit development.
[2]
Open space must be used for amenity or recreational purposes.
The uses authorized for the open space must be appropriate to the scale and
character of the planned unit development, considering its size, density,
expected population, topography and the number and types of dwellings to be
provided.
[3]
Open space must be suitably improved for its intended
use, but open space containing natural features worthy of preservation may
be left unimproved. The buildings, structures and improvements which are permitted
in the open space must be appropriate to the uses which are authorized for
the open space.
[4]
The development schedule which is part of the final site
plan must coordinate the improvement of the open space, the construction of
buildings, structures and improvements in the open space and the construction
of residential dwellings.
[5]
All land shown on the final site plan as open space must
be maintained and used for said purpose.
(e)
Circulation system design standards.
[1]
There shall be an adequate, safe and convenient arrangement
of pedestrian circulation facilities, roadways, driveways, off-street parking
and loading space.
[2]
Roads, pedestrian walks and open spaces shall be designed
as an integral part of an overall site design and shall be properly related
to existing and proposed buildings and appropriately landscaped.
[3]
There shall be an adequate amount, in a suitable location,
of pedestrian walks, malls and landscaped spaces to limit pedestrian use of
vehicular ways and parking spaces and to separate pedestrian walks, malls
and public transportation loading places from general vehicular circulation.
[4]
Buildings and vehicular circulation shall be arranged
so that pedestrians moving between buildings are not unnecessarily exposed
to vehicular traffic.
[5]
Landscaped, paved and comfortably graded pedestrian walks
shall be provided along the lines of the most intense use, particularly from
building entrances to streets, parking areas and adjacent buildings.
[6]
The location and design of pedestrian walks should emphasize
desirable views of new and existing development.
[7]
The maximum separation of private automobiles and service
vehicles may be required through the use of separate service lanes.
[8]
Materials and design of paving, lighting fixtures, retaining
walls, fences, curbs, benches, etc., shall be of good appearance and easily
maintained and indicative of their function and shall comply with other laws,
ordinances, rules and regulations wherever applicable thereto.
(f)
Parking and loading design standards.
[1]
The Town Board may require that parking facilities be
landscaped and screened to the extent necessary to eliminate unsightliness
and monotony of parked cars.
[2]
Pedestrian connections between parking areas and buildings
shall be via pedestrian walkways and/or elevators.
[3]
Parking facilities shall be designed with careful regard
to orderly arrangement, topography, landscaping and ease of access and shall
be developed as an integral of an overall site design.
[4]
Above-grade loading facilities shall be screened from
public view to the extent necessary to eliminate unsightliness.
(g)
Where adequate drainage is not possible by grading alone,
a supplementary drainage system approved by the Town of Boston shall be required.
On-site management of surface drainage shall be planned so that there shall
be no greater runoff during and following construction than prior to commencement
of construction. Lawn and yard areas shall be adequately drained to permit
normal use and maintenance.
(h)
Adequacy of structures, roadways and landscaping in areas
with moderate-to-high susceptibility to flooding and ponding and/or erosion.
(i)
Protection of adjacent properties against noise, glare,
unsightliness or other objectionable features.
(j)
Conformance with other specific changes of the Town Board
which may have been stated in the zoning resolution.
(2)
In its review, the Planning Board may consult with any
Town and County officials as well as with representatives of federal and state
agencies, including the Soil Conservation Service and the New York State Department
of Conservation. The Planning Board may require that exterior design of all
structures be made by or under the direction of a registered architect, professional
planner or engineer, whose seal shall be affixed to the plans. The Planning
Board may also require such additional provisions and conditions as appear
necessary for the public health, safety and general welfare.
C.
Within 90 days of the receipt of the application for
preliminary site plan approval, the Planning Board shall act on it. If no
decision is made within said ninety-day period, the preliminary site plan
shall be considered conditionally approved. The Planning Board's action
shall be in the form of a written statement to the applicant stating whether
or not the preliminary site plan is conditionally approved. A copy of the
appropriate minutes of the Planning Board shall be a sufficient report.
D.
The Planning Board's statement may include recommendations
as to desirable revisions to be incorporated into the final site plan, conformance
with which shall be considered a condition of approval. Such recommendations
shall be limited, however, to siting and dimensional details within general
use areas and shall not significantly alter the sketch plan as it was approved
in the zoning proceedings.
E.
If the preliminary site plan is disapproved, the Planning
Board's statement shall contain the reasons for such finding. In such
a case, the Planning Board may recommend further study of the site plan and
resubmission of the preliminary site plan to the Planning Board after it has
been revised or redesigned.
F.
No modification of existing stream channels, filling
of lands with a moderate-to-high susceptibility to erosion or excavation for
and construction of site improvements shall begin until the developer has
received preliminary site plan approval. Failure to comply shall be construed
as a violation of this chapter, and, where necessary, final site plan approval
may require the modification or removal of unapproved site improvements.
G.
Request for changes in sketch plan by either party. If
in the site plan development it becomes apparent that certain elements of
the sketch plan as it has been approved by the Town Board are unfeasible and
in need of significant modification, the applicant shall then present his
solution to the Planning Board as his preliminary site plan in accordance
with the above 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 site plan shall be considered
as disapproved. The developer may then, if he wishes, produce another site
plan in conformance with the approved sketch plan. If an affirmative decision
is reached, the Planning Board shall so notify the Town Board, stating all
of the particulars of the matter and its reasons for feeling the project should
be continued as modified. Preliminary site plan approval may then be given
only with the consent of the Town Board.
A.
After receiving approval from the Planning Board on a
preliminary site plan and approval for all necessary permits and curb cuts
from state and County officials, the applicant may prepare his final detailed
site plan and submit it to the Planning Board for final approval, except that,
if more than 12 months have elapsed between the time of the Planning Board's
report on the preliminary site plan and if the Planning Board finds that conditions
have changed significantly in the interim, the Planning Board may require
a resubmission of the preliminary site plan for further review and possible
revision prior to accepting the proposed final site plan for review.
B.
The final detailed site plan shall conform substantially
to the preliminary site plan that has received preliminary site plan approval.
It should incorporate any revisions or other features that may have been recommended
by the Planning Board and/or the Town Board at the preliminary review.
C.
A plan submitted for final approval must be in substantial
compliance with the plan previously given preliminary approval unless said
modifications are approved by the Town Planning Board.
D.
Within 60 days of the receipt of the application for
final site plan approval, the Planning Board shall render a decision to the
applicant and so notify the Town Board. If no decision is made within the
sixty-day period, the final site plan shall be considered approved.
(1)
Upon approving an application, the Planning Board shall
endorse its approval on a copy of the final site plan and shall forward it
to the Code Enforcement Officer and the Town Board. A building and public
improvement permit shall be issued if the project conforms to all other applicable
requirements.
(2)
Upon disapproving an application, the Planning Board
shall so inform the Code Enforcement Officer. The Planning Board shall also
notify the applicant and the Town Board, in writing, of its decision and its
reasons for disapproval. A copy of the appropriate minutes may suffice for
this notice.
(3)
No building permit shall be issued by the Code Enforcement
Officer for any stage of development as outlined and approved in the final
site plan application until prior stages have been completed as determined
by the Town Board upon recommendation of the Town Engineer and Code Enforcement
Officer.
At any time following approval of development plans, including the issuance
of permits for any part thereof, the applicant may petition for review in
detail of the previously approved plan, stating his reasons therefor. Such
reasons may be based upon such considerations as, but not limited to, changing
social or economic conditions, suggested improvements to layout or design
features or unforseen difficulties or advantages, such as site conditions,
state or federal projects or statutory changes, which may mutually affect
the interests of the applicant and the Town. The Planning Board, upon finding
that such petition and reasons are reasonable and valid, may reconsider the
design of the planned unit development and shall follow, in full, the procedure
and conditions herein required for original submittal.
A.
As a condition of final approval, the Town Board shall
require the posting of such performance guaranties as it deems necessary to
insure the installation of the improvements. Said performance guaranty shall
be for a period of time to be determined by the Town Board. The amount of
the performance guaranty may be reduced by the Town as portions of the required
improvements have been completed.
B.
All such improvements shall be subject to the approval
of the appropriate authority.
C.
A planned unit development may be divided, subdivided
or resubdivided for purposes of sale after completion, provided that:
(1)
If the division, subdivision or resubdivision will create
a new plot line, the applicant shall make application to the Town Board for
the approval of the division, subdivision or resubdivision. The Town Board
may approve the division, subdivision or resubdivision if each section of
the divided, subdivided or resubdivided planned unit development meets the
provisions of the zoning district in which the development is located and
complies with the planned unit development requirements.
(2)
Unless otherwise provided by the Town Board in its approval,
all sections of divided, subdivided or resubdivided planned unit development
are to be controlled by a final planned unit development plan.
(3)
The owners of a divided, subdivided or resubdivided planned
unit development shall jointly make application for the amendment to the approved
final development plan.
