A.
In accordance with the recommendations and policies
in the Town Master Plan, this district is intended to promote and
encourage the development of a variety of housing types within the
medium-density and high-density ranges prescribed in the Master Plan.
This is a floating zone; that is, until a sketch plan or concept plan
has been approved by the Town Board, all the requirements of the current
zoning district apply. After the application to rezone to Planned
Residential Development has been approved, the sketch plan or concept
plan will regulate land uses and setback requirements.
B.
This section also 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 conservation and more efficient use
of land in such developments.
C.
This section recognizes that while the standard zoning
function (use and bulk) and the 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 technique of land development contained in
cluster development.
D.
The cluster development procedures established in
the following standards provide a method of permitting innovative
residential development within minimum and maximum bulk requirements,
restrictions imposed by capacity of public services and limitations
imposed by the environmental constraints present on the site of the
proposed development.
In a Planned Residential Development PRD District,
no building or premises shall be used, and no building or part of
a building shall be erected or altered, which is arranged, intended
or designed to be used, in whole or in part, for any uses except the
following:
A.
Permitted uses shall be as follows:
(1)
Single-family attached and single-family detached
dwellings.
B.
Planned Residential Development special accessory
uses. The following special accessory uses are permitted solely for
the use of residents of the development and their guests. Such accessory
uses shall be subject to the approval of the Planning Board and of
the special requirements listed below:
C.
Conditional uses shall be permitted subject to approval by the Planning Board in accordance with Chapter 217, Article II, of these regulations and subject to the additional requirements specified below:
(1)
Qualifications. To qualify for review of application
for a conditional use permit and site plan approval, the applicant
shall submit to the Planning Board evidence that the proposal meets
the following qualifying standards. If, in the opinion of the Planning
Board, the proposal meets these qualifying standards, the Board shall
inform the applicant that the application may proceed. If, in the
opinion of the Planning Board, the proposal does not meet the qualifying
standards, the Board shall inform the applicant clearly in writing
stating the deficiencies of the proposal. The applicant's proposal
shall include sufficient evidence to establish that:
(a)
The proposed development will be in harmony
with the goals and objectives contained in the Town Master Plan and
the legislative intent of these regulations. Particular attention
should be focused on the provision of additional public open space.
(b)
The proposed development will be constructed,
arranged and operated so as to not dominate the immediate vicinity
or to interfere with the development and use of neighboring property
in accordance with the applicable district regulations.
(c)
The proposed development will be adequately
by essential public facilities and services, such as but not limited
to sanitary sewers, public water supply, stormwater drainage facilities,
highway capacity, fire suppression services and other public and private
facilities and services essential to residential use.
(d)
The minimum area for the development lot or
lots proposed for development shall be five contiguous acres.
(e)
The proposed development shall result in a significant
benefit such as in the provision of additional open space.
(2)
Requirements.
(a)
Each dwelling unit will be located, constructed
and served by utilities in such a fashion that such dwelling unit
may be sold individually as a subdivision lot, a condominium unit
or in a similar fashion approved by the Planning Board. Dwelling units
located in a building common to other dwelling units shall be separated
from such dwelling units by a fire wall. Such fire wall shall be of
masonry construction, shall extend from the foundation to the roof
and shall be unpierced.
(b)
Where feasible, in the opinion of the Planning
Board, natural features such as streams, woodlots and rock outcrops
shall be preserved and incorporated in the landscaping of the development.
(c)
Utility lines providing electric, telephone,
television or other such services shall be installed underground.
Surface-mounted equipment shall be located to create minimal conflict
with other uses and activities.
(d)
Common property shall, except when accepted
by the Town Board for dedication as Town parkland, be privately owned.
Where such property is to be in private ownership, the developer 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 common property by sale or otherwise without the
consent of the Planning Board. In reviewing the organization for ownership
and maintenance of any common property, the Planning Board shall consider
the following:
[1]
Time when organization is to be created.
[2]
Mandatory or automatic nature of membership
in the organization by residents.
[3]
The permanence of common property safeguards.
[4]
The liability of the organization for insurance,
taxes and maintenance of all facilities.
[5]
The provision for pro rata sharing of costs
and assessments.
[6]
The capacity of the organization to administer
common facilities.
The requirements for home occupations shall
be the same as in the Residential Low Density RLA District.
