[Amended 1-17-2008 by L.L. No. 1-2008]
It is the intent of PUD to provide flexible
land use and design regulations through the use of performance criteria
so that small- to large-scale neighborhoods, or portions thereof,
may be developed within the Town that incorporate a variety and appropriate
balance of residential types and nonresidential uses and contain 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 common property in order to function as a neighborhood. PUD
specifically encourages innovations 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.
In order to carry out the intent of this article,
a PUD shall achieve the following objectives:
A.
A maximum choice in the types of environment, occupancy
tenure, types of housing, lot sizes and community facilities available
to existing and potential Town residents at all economic levels.
B.
More usable open space and recreation areas.
C.
More convenience in location of accessory commercial
and service areas.
D.
The conservation and preservation of trees and groves
of trees, outstanding natural topography, geologic features, biodiversity,
water resources and prevention of soil erosion.
[Amended 1-17-2008 by L.L. No. 1-2008]
E.
An efficient use of land resulting in smaller networks
of utilities and streets and thereby lower housing costs.
F.
To provide additional public benefits, as needed and
as determined by the Town Board.
[Added 1-17-2008 by L.L. No. 1-2008]
A.
Minimum area. The minimum area requirements to qualify
for a PUD shall be 50 contiguous acres of land.
[Amended 1-17-2008 by L.L. No. 1-2008]
B.
Ownership. 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 owners and/or lessors of all property
included in a project. In the case of multiple ownership, the approved
plan shall be binding on all owners.
C.
Location of PUD. The PUD shall be applicable to any
district of the Town where the applicant can demonstrate that the
characteristics of his holdings will meet the objectives of this article
and that the proposed PUD will have frontage on and direct access
to a county or state highway.
[Amended 1-17-2008 by L.L. No. 1-2008]
D.
Permitted uses. All uses within an area designated
as a PUD are determined by the provisions of this article and the
approved plan of the project concerned.
(1)
Residential uses. Residences may be of any variety
of types. In developing a balanced community, the use of a variety
of housing types and densities shall be deemed most in keeping with
this article. The types allowed shall be any of the following: rental
apartments, fee simple townhouses, and detached and semidetached single-family
dwellings. The total number of dwelling units within the PUD shall
not exceed 5.5 times the number of developable acres in the project.
[Amended 1-17-2008 by L.L. No. 1-2008]
(2)
Commercial uses. Commercial uses in each PUD are intended
to serve as integrated retail and service centers with complementary
office and community facilities.
[Amended 1-17-2008 by L.L. No. 1-2008]
(3)
Accessory uses. Private garages, storage spaces, recreational
and community facilities, churches and schools shall also be permitted.
(4)
Dwelling units above retail/office space shall be
encouraged.
[Added 1-17-2008 by L.L. No. 1-2008]
E.
Common property in the planned unit development (PUD).
Common property in a PUD is a parcel or parcels of land, together
with the improvements thereon, the use and enjoyment of which is shared
by the owners and occupants of the individual building sites. When
common property exists, the ownership of such common property may
be either public or private. When common property exists in private
ownership, satisfactory arrangements must be made for the improvement,
operation and maintenance of such common property and facilities,
including private streets, drives, service and parking areas and recreational
and open space areas.
F.
Design criteria.
(1)
Provision of community sewer and water service shall
be required, with the method and type of facilities to be formulated
at time of submittal of any site plan.
(2)
Adequate but not excessive entry points to the site
from major through roads shall be planned and provided. The street
system within the parcel shall be organized in a logical structure,
with collector and local streets, and forming a unified neighborhood.
Pedestrian paths, especially to shopping, school and recreation areas,
shall be designed and incorporated in the overall plan. Where appropriate,
local streets within the PUD shall be designed to interconnect with
the local streets of adjacent neighborhoods. Where the PUD borders
undeveloped land that is in an area where similar development is desired,
rights-of-way for future connecting roads shall be located where they
are likely to be needed in the future.
[Amended 1-17-2008 by L.L. No. 1-2008]
(3)
Sufficient park and recreational area shall be provided as required by this chapter and other Town laws and ordinances. The developer shall have the responsibility to prove to the satisfaction of the Planning Board that the existing or planned community and educational facilities are adequate for the needs of the future residents. To the extent practicable, park and recreational facilities shall be located on the site. Section 121-20 of Chapter 121 of this Code, regarding parks, playgrounds and open spaces and payment of recreation fees, shall apply to all PUDs, regardless of whether the PUD involves a subdivision.
[Amended 1-17-2008 by L.L. No. 1-2008]
(4)
Proper and adequate water supply, sewerage and waste
disposal and other utility services shall be provided.
[Amended 1-17-2008 by L.L. No. 1-2008]
(5)
Off-street parking and loading and sign regulations. All the supplementary regulations of § 140-34 and Article XIII shall apply, provided that the Planning Board may, in its discretion, modify the off-street parking and loading regulations to effectuate the purposes of the PUD.
[Amended 1-17-2008 by L.L. No. 1-2008]
(6)
The applicable provisions of residential cluster developments, § 121-25 of Chapter 21 of this Code, shall be incorporated in the design.
[Amended 1-17-2008 by L.L. No. 1-2008]
(7)
Building height shall not exceed five stories. Buildings
greater than three stories require visual impact analysis to ensure
protection of scenic resources. The view shed from the ridge shall
be assessed and protected. The Planning Board shall require a viewshed
analysis from specific points on the ridgeline for any buildings above
40 feet. Additionally, the view from the ridge shall be assessed and
protected.
[Added 1-17-2008 by L.L. No. 1-2008]
(8)
Prior to any rezoning for PUD, the Town Board must
determine that the proposed PUD includes a community benefit commensurate
in scope and quality to the proposed uses and density of the project.
Community benefits may include any, or a combination, of the following:
affordable housing, public sewer, public water, public recreational
land and/or facilities or such other benefit as may be from time to
time identified by the Town Board. Affordable housing shall be a component
of community benefit unless waived by a vote of majority plus one
of the Town Board.
[Added 1-17-2008 by L.L. No. 1-2008]
G.
Procedure. The same procedure as for the approval of Light Industrial Districts, § 140-18G, shall be followed in the application for an approval of the PUD, provided that for a proposed PUD, development must be commenced within one year of receiving all final unconditional approvals of the Town Board and Planning Board, subject to two six-month extensions by the Planning Board for good cause shown. Following Town Board approval of the PUD concept plan, the Planning Board shall conduct site plan review of the proposed PUD pursuant to § 140-52 of this Chapter.
[Amended 1-17-2008 by L.L. No. 1-2008]
H.
At no point in the development of a PUD shall the
dwelling unit ratios among the several different types and the ratio
of residential to nonresidential uses for that stage of the PUD differ
from that as set forth in the approved PUD concept plan and final
site plan by more than 20%.
[Amended 1-17-2008 by L.L. No. 1-2008]
