In order to encourage sound planning and provide
opportunity for coordinated community development, notwithstanding
any other provision of this code, there may be planned unit development
where appropriate conditions prevail.
A.
Intent. 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
present a type of pre-regulation, regulatory rigidity and uniformity
which may be inimical to the techniques of land development contained
in the planned unit development concept. Further, this article recognizes
that a rigid set of space requirements along its bulk and use specifications
would frustrate the application of this concept.
B.
Objectives. In order to carry out the intent of this
article, a planned unit development (PUD) shall achieve the following
objectives:
(1)
Provision of a maximum choice in the types of environment,
occupancy tenure (e.g., cooperatives, individual ownership, condominium,
leasing), types of housing, lot sizes and community facilities available
to existing and potential Town residents at all economic levels.
(2)
Conservation of usable open space and recreation areas.
(3)
Development of more convenience in location of accessory
commercial and service areas.
(4)
The preservation of trees, outstanding natural topography
and geologic features and prevention of soil erosion.
(5)
A creative use of land and related physical development.
(6)
An efficient use of land resulting in smaller systems
of utilities and streets and thereby lower housing costs.
(7)
A development pattern in harmony with the objectives
of the Town Comprehensive Plan.
(8)
A more desirable environment than would be possible
through the strict application of other articles of this code.
A.
All uses within an area designated as a PUD District
are determined by the provisions of this section and the approval
of the project concerned.
C.
Private garages, storage spaces, and community activities,
shall also be permitted as appropriate to the PUD.
D.
Planned accessory commercial, service and other nonresidential
uses may be permitted (or required) where such uses are scaled primarily
to serve the residents of the PUD. Consideration shall be given to
the project as it exists in its larger setting in determining the
appropriateness of such uses.
A.
Area.
(1)
The minimum required land for a planned unit development
shall be 15 contiguous acres. If, however, the total number of contiguous
acres exceeds 400 and if the Planning Board finds special reasons,
conditions or circumstances which justify the consideration of additional
areas which are not contiguous but under the same ownership as part
of the overall planned development, then the Planning Board, with
the approval of the Town Board, may allow the planned unit development
to include the noncontiguous land; provided, further, that the entire
area to be developed is fully serviced by a system of public services
for water, sewage and drainage as set forth in this code and that
all other provisions further set forth in this section for planned
unit developments shall be extended to apply to the entire area so
included.
(2)
An individual lot for a detached house shall contain
a minimum of 7,500 square feet.
(3)
Lot coverage by buildings on individual detached housing
lots shall not exceed 30% of the total area.
(4)
Residential buildings, except high-rise buildings,
shall not exceed 35 feet in height.
(5)
Individual lots for townhouses shall have a minimum
width of 18 feet, and have a depth of no less than eight feet.
(6)
Individual townhouse dwelling unit lots shall have
a building coverage of the lot not in excess of 50% of the total individual
lot.
(7)
Parking, landscaping, fence and access regulations
pertaining to the typical business districts shall apply to this section
of the code.
B.
Sanitary sewage. The developer shall provide within
such planned unit development a sanitary sewage disposal system, which
shall be of sufficient size and design to collect, dispose of or treat
all sewage from all present and probable structures in said planned
unit, and shall be otherwise constructed and maintained in conformity
with the regulations of the state and county Health Departments.
C.
Storm drainage. The developer shall provide within such planned unit development a storm drainage system, which shall be of sufficient size and design as will, in the opinion of the Town Engineer and/or Stormwater Management Officer, collect, carry off and dispose of all predictable surface water runoff within said planned unit development. The storm drainage system shall comply with any SWPPP approved by the Town in accordance with Article XIV of this chapter.
[Amended 12-11-2007 by L.L. No. 3-2007]
D.
Water supply. The developer shall provide within said
planned unit development a potable water system, which shall be of
sufficient size and design to supply potable water to each of the
structures to be erected in said planned development within a system
to be approved by the Town Board and the New York State and county
Health Departments. The developer shall also provide fire hydrants
within 600 feet of each structure and provide for a pressure to be
approved by the Town Board at each said hydrant.
E.
Landscaping. The developer shall provide within the
planned unit development a liberal and functional landscaping scheme,
which shall comply with the minimum standards as set forth in this
code.
F.
Recreation sites. The developer shall provide land
equal to not less than 20% of the total land area of the planned unit
development to be devoted exclusively to permanent recreation sites,
general open space and municipal uses. All lands set aside for permanent
recreation sites and open space shall be of such location and nature
to be, in the opinion of the Planning Board, suitable for such use.
The ownership and future maintenance of all areas for such uses shall
be subject to the approval of the Town Board, or such areas shall
be offered for dedication to the Town. Said recreation sites and open
space shall meet the standards set forth in this code.
A.
Preliminary proposal. The application shall explain
and show the following information:
(1)
The location and extent of all proposed land use,
including open space.
(2)
All interior streets, roads, easements and their planned
public or private ownership, as well as all points of access and egress
from existing public rights-of-way.
(3)
A specific delineation of all uses, indicating the
number of residential units and the density of each residential housing
type, as well as the overall project density.
(4)
The overall water and sanitary sewer system, with
proposed points of attachment to existing systems; the proposed stormwater
drainage system and its relation to existing systems; evidence of
preliminary discussion and approval of the New York State Department
of Health.
(5)
A description of the manner in which any areas that
are not to become publicly owned are to be maintained, including open
space, streets, lighting and others according to the proposals.
(6)
If the development is to be phased, a description
and graphic representation of the phasing of the entire proposal in
terms of length of time, type and number of units or activities completed
per phase.
(7)
Evidence, as required by the reviewing boards, of
the applicant's ability to complete the proposed planned unit development.
(8)
A description of any covenants, grants of easement
or other restrictions proposed to be imposed upon the use of the land,
buildings or structures, including proposed easements for public utilities.
(9)
A written statement by the landowner setting forth
the reasons why, in his or her opinion, the proposal would be in the
public interest and would be consistent with the Town's goals and
objectives.
B.
Review standards. Within 60 days after receipt of the recommendation of the Town Planning Board, the Town Board shall hold one or more public hearings, as needed, public notice of which shall have been given in accordance with Chapter 62, Article 16 of the Town Law, to determine the advisability of the proposal.
(1)
The Town Board shall, within 45 days following the
conclusion of the hearing(s), either:
(2)
In the event that tentative approval is granted, either
of the proposal as submitted or with conditions, the Town Board shall,
as part of its resolution, specify the drawings, specifications and
performance bond that shall be required to accompany an application
for final approval. The landowner shall, within 30 days, notify the
Town Board of his or her acceptance of or refusal to accept all specified
conditions. If the landowner refuses to accept the conditions outlined,
the Town Board shall be deemed to have denied tentative approval.
If the landowner accepts, the proposal shall stand as granted. Tentative
approval shall not qualify a proposal for recording nor authorize
development or the issuance of building permits.
C.
Factors for consideration. The Planning Board's review
of a preliminary development plan shall include, but is not limited
to, the following considerations:
[Amended 12-11-2007 by L.L. No. 3-2007]
(1)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, channelization
structures and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access
and circulation, including separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic and pedestrian convenience, as recommended by the Town Public
Vehicle Commission.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4)
Location, arrangement, size and design of buildings,
lighting and signs; adequacy, type and arrangement of trees, shrubs
and other landscaping constituting visual and/or noise-deterring buffers
between adjacent uses and adjoining lands.
(5)
In the case of multiple-family dwellings, the adequacy
of usable open space for playgrounds and informal recreation.
(6)
Adequacy of stormwater management facilities and sanitary waste disposal facilities, in accordance with any SWPPP approved by the Town pursuant to § 245-61 of the Town Code.
(7)
Adequacy of structures, roadways and landscaping in
areas with moderate to high susceptibility to flooding and ponding
and/or erosion.
(8)
Protection of adjacent properties against noise, glare,
unsightliness or other objectionable features.
(9)
The relationship of the proposed land uses to adjacent
land uses and the use of buffer areas and open space to provide a
harmonious blending of existing and proposed uses.
(10)
Conformance with other specific recommendations
of the Town Board which may have been required in the Town Board's
examination of the proposed plan for development.
D.
Application for final approval.
(1)
An application for final approval may be for land
included in a plan or, to the extent set forth in the tentative approval,
for a section thereof. Said application shall be made to the Town
Board and to the Town Planning Board and within the time or times
specified by the resolution granting tentative approval. The application
shall include such drawings, specifications, covenants, easements,
conditions and form of performance bond as were set forth by written
resolution of the governing body at the time of tentative approval.
A public hearing on the application for final approval of the plan,
or part thereof, shall be required unless the plan, or the part thereof,
submitted for final approval is, in the judgment of the Town Board,
in substantial compliance with the plan theretofore given tentative
approval.
(2)
In the event that a public hearing is not required
for final approval, and the application for final approval has been
filed, together with all drawings, specifications and other documents
in support thereof, and as required by the resolution of tentative
approval, the Town Board shall, within 30 days of such filing and
after receipt of a report thereon by the Town Planning Board, grant
such plan as submitted. If a plan is filed containing variations from
the plan given tentative approval, but remains in substantial compliance
with the plan as submitted for tentative approval, the Town Board
may, after a meeting with the landowner, refuse to grant final approval
and shall, within 30 days from the filing of the application for final
approval, so advise the landowner in writing of said refusal, setting
forth in said notice the reasons why one or more of said variations
are not in the public interest. In the event of said refusal, the
landowner may:
(a)
File his application for final approval without
the variations objected to by the Town Board on or before the last
day of the time within which he or she was authorized by the resolution
granting tentative approval to file for final approval, or within
30 days from the date he or she received notice of said refusal, whichever
date shall last occur; or
(b)
Treat the refusal as a denial of final approval
and so notify the Town Board.
(3)
In the event that the plan as submitted for final
approval is not in substantial compliance with the plan as given tentative
approval, the Town Board shall, within 30 days of the date the application
for final approval is filed, so notify the landowner in writing, setting
forth the particular ways in which the plan is not in substantial
compliance. The landowner may:
(a)
Treat said notification as a denial of final
approval; or
(b)
Refile his or her plan in a form which is in
substantial compliance with the plan as tentatively approved; or
(c)
File a written request with the governing body
that it hold a public hearing an application for final approval. If
the landowner shall elect either Alternative (a) or (b) above, he
or she may refile his or her plan or file a request for a public hearing,
as the case may be, on or before the last day of the time within which
he or she was authorized by his or her resolution granting tentative
approval to file for final approval, or 30 days from the date he or
she receives notice of said refusal, whichever date shall last occur.
Any such public hearing shall be held within 30 days after request
for the hearing is made by the landowner. Within 45 days after the
conclusions of the hearing, the governing body shall by resolution
either grant final approval to the plan or deny final approval of
the plan.
(4)
A plan, or any part thereof, which has been given
final approval by the Town Board shall be so certified without delay
by the Town Clerk and shall be filed on record forthwith in the office
of the Niagara County Clerk before any development shall take place
in accordance therewith. Upon the filing of record of the plan, the
zoning and subdivision regulations otherwise applicable to the land
included in the plan shall cease to apply thereto. Pending completion
within five years of said planned unit development or of that part
thereof, as the case may be, that has been finally approved, no modification
of the provisions of said plan, or part thereof, as finally approved,
shall be made nor shall it be impaired by actions of the Town with
or without the consent of the landowner.
(5)
In the event that a plan, or section thereof, is given
final approval, and thereafter the landowner abandons said plan or
the section thereof that has been finally approved, and so notifies
the Town Board in writing; or, in the event that the landowner shall
fail to commence and carry out the planned unit development within
a reasonable period of time after final approval has been granted,
no further development shall take place on the property included in
the plan until after said property is resubdivided and is reclassified
in accordance with the applicable provisions of law.
E.
County Planning Board review. Upon application for
tentative or final approval of such plan, a copy shall be referred
to the Niagara County Planning Board. If the County Planning Board
recommends modifications of a plan so referred, the Town Board shall
not act contrary to such recommendation, except after adoption of
a resolution fully setting forth reasons for such contrary action.
F.
Changes after final approval. No changes may be made
in the approved final plan during the construction of the planned
development except upon application to the appropriate agency under
the procedures provided below:
(1)
Minor changes in the location, siting and height,
length and width of buildings and structures may be authorized by
the Planning Board if required by engineering or other circumstances
not foreseen at the time the final plan was approved. No change authorized
by this section may increase the cube of any building or structure
by more than 10%.
(2)
All other changes in use, any rearrangement of lots,
blocks and building tracts, any changes in the provision of common
open spaces and all other changes in the approved final plan must
be approved by the Town Board under the procedures authorized by this
code for the amendment of the Zoning Map. No amendments may be made
in the approved final plan unless they are shown to be required by
changes in the development policy of the community.
