A. 
It is the intent of this article 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 development 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. 
These regulations specifically encourage 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. These regulations 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 technique of land development contained in the planned unit development concept.
C. 
Further, these regulations recognize that a strict application 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 in these regulations are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls during the development period. Only after the sketch plan has been approved by the Town Board, the site will be rezoned to planned unit development, and these provisions will apply to the site.
D. 
In order to carry out the intent of these regulations, a PUD shall achieve the following objectives:
(1) 
A maximum choice in the types of environment, occupancy, tenure (e.g., cooperatives, individual ownership, condominium, leasing), 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 and 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 Master Plan.
(8) 
A more desirable environment than would be possible through the strict application of these regulations.
A. 
Under normal circumstances, the minimum area required to qualify for a planned unit development shall be 50 contiguous acres of land. Where the applicant can demonstrate that the characteristics of his or her holdings will meet the objectives of this section, the Planning Board may consider projects with less acreage.
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 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 where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of these regulations.
D. 
The following shall be permitted uses:
(1) 
Dwelling units in detached, semidetached, attached, clustered or multistoried structures, or any combination thereof.
(2) 
Commercial, service and other nonresidential uses, where such uses are scaled primarily to serve the residents of the PUD.
(3) 
Public and private institutional and recreational facilities.
(4) 
Office and research uses.
E. 
Residential density and standards.
(1) 
The overall average gross density shall not exceed eight dwelling units per acre throughout the PUD.
(2) 
At least 20% of the total number of dwelling units within any PUD shall be in single-family detached structures.
(3) 
The total densities for multifamily residential uses shall not exceed 14 dwelling units per acre.
(4) 
There shall be off-street parking facilities which shall provide 1 1/2 parking spaces for each dwelling unit.
(5) 
Landscaped open spaces or open areas left in their natural state, shall be provided at a ratio of not less than 1,200 square feet of open space for every dwelling unit. The Planning Board may require as much as 15% of the total gross acreage of such open space to be provided in the form of suitably equipped play areas.
(6) 
All multifamily uses must provide adequate with at least one approved tree per dwelling unit.
(7) 
A buffer strip shall be provided between residential and nonresidential uses and between residential uses and state or county roads. Said buffer strip shall be at least 100 feet in width, measured inward from the property line and suitably landscaped with grass and shrubs, trees or other ground cover. No parking shall be permitted in this area.
(8) 
The developer shall provide all necessary water and sewer facilities, storm drainage, highway access, paved service streets, parking and loading facilities and off-street lighting, 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 Brighton.
F. 
Commercial density and standards.
(1) 
Commercial uses may be permitted (or required) where such uses are scaled to serve the residents of the PUD. Where a PUD contains between 100 and 500 dwelling units, a maximum of 2,400 square feet of floor area may be provided for commercial or service use. Where a PUD contains 500 or more dwelling units, a maximum of 1/2 acre of land for every 100 dwelling units may be used for commercial or service purposes.
(2) 
Parking areas serving commercial uses shall be provided at a minimum ratio of one square foot of parking space for every one square foot of retail area.
G. 
Office and research standards.
(1) 
Where the PUD contains 1,000 or more dwelling units, one acre of land for each 100 dwelling units may be used for office and research uses.
(2) 
Office and research uses shall be subject to the controls governing office and research development in the Office and Office Park BE-1 District of these regulations.
H. 
Common property. 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 owner and occupants of the individual building sites. Where common property exists, the ownership of such property shall be either public or private. Where such property exists in private ownership, 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. In reviewing the organization for the ownership and maintenance of any common property, the Planning Board shall consider the following:
(1) 
The 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.
A. 
Where feasible, natural features such as streams, rock outcrops, topsoil, trees and shrubs shall be preserved and incorporated in 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 Brighton shall be required.
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, and structures, heights and locations thereon, may be freely disposed and arranged in conformity with the overall density standards herein. Minimum lot size or frontage, and except for office and research uses, maximum percentage of lot coverage, are not specified herein. In reviewing any application for a planned unit development, the Planning Board shall be guided by standards set forth in these regulations of the Town of Brighton for comparable uses and by common good planning practice, 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 dwellings, commercial and office-research development 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 24 feet wide and 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 provisions of these regulations shall not apply, but may serve as a general guide to the Planning Board in its review of development plans.
F. 
The developer shall provide all necessary water and sewer facilities, storm drainage, highway access, paved service streets, parking and loading facilities and off-street lighting, making reasonable provision 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 compatible with nearby residential uses. Such uses, including parking and loading areas, must be adequately screened and buffered where adjacent to residential development.
[Added 7-23-1997 by L.L. No. 5-1997]
See the communication facilities regulations in Chapter 207, Articles VIII and I, § 207-3D, of these regulations.
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) 
If portions of the site have a moderate to high susceptibility to flooding and ponding or erosion, a topographic map showing contour intervals of not more than five feet of elevation shall be provided.
(7) 
General description of the provision of other community facilities, such as schools, fire-protection services, and cultural services, if any, and some indication of how these needs are proposed to be accommodated.
(8) 
A statement as to how common open space is to be owned and maintained.
(9) 
If the development is to be staged, a clear indication of how the staging 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 Master 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) 
A detailed landscaping plan. This landscaping plan shall meet or exceed the minimum requirements for landscaping found in Chapter 205, Articles I and II, of these regulations.
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 Monroe County Department of Planning and Development, the Soil Conservation Service 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 Master Plan.
(b) 
The proposal meets the purpose and intent of planned unit development as expressed in § 203-150.
(c) 
The proposal meets all the general requirements of § 203-151.
(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 absolute and to one 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 therefore, 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 is wishes to call a public hearing.
(3) 
The Chairman of the Planning Board shall certify when all of the necessary application material 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 for the applicant's plan in accordance with the procedures established under §§ 264 and 265 of 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 appropriate Town authorities shall submit a report to the Town Board within 30 days of the referral, duly noting the feasibility and adequacy of those design elements under their spheres of interest. This report need only concern itself with general conceptual acceptance 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 reports 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 Brighton[1] 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.
[1]
The Zoning Map is on file in the Building and Planning Department.
D. 
Planned unit development zoning shall be conditional upon the following:
(1) 
Securing of final site plan approval in accordance with the procedures set forth in Chapter 217, Article III.
(2) 
Compliance with all additional conditions and requirement as may be set forth by the Town Board in its resolution granting the planned unit development.
A. 
Application for preliminary site plan approval shall be to the Planning Board, and a copy of this application shall be sent to the Monroe County Department of Planning and Development for its review and comments. 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 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.
(2) 
A topographic map showing contour intervals of not more than five feet of elevation shall be provided.
(3) 
A preliminary site plan including the following information:
(a) 
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:
[1] 
Location, proposed use and height of all buildings.
[2] 
Location of all parking and truck-loading areas, with access and egress drives thereto.
[3] 
Location and proposed development of all open spaces, including parks, playgrounds and open reservations.
[4] 
Location of outdoor storage, if any.
[5] 
Location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
[6] 
A description of the method of sewage disposal (all methods of sewage disposal must conform to the Monroe County Pure Waters Master Plan and meet all other state and county requirements) and the location of such facilities.
[7] 
Location and size of all signs.
[8] 
Location and proposed development of buffer areas.
[9] 
Location and design of lighting facilities.
[10] 
The amount of building area proposed for nonresidential uses, if any.
(f) 
A detailed landscaping plan.
(4) 
A tracing overlay showing all soil 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.
B. 
Factors for consideration.
(1) 
The Planning Board's review of a preliminary site plan shall include, but is not limited to, the following considerations:
(a) 
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road width, channelization structures and traffic controls.
(b) 
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.
(c) 
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(d) 
Location, arrangement, size and design of buildings, lighting and signs.
(e) 
Relationship of the various uses to one another and their scale.
(f) 
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between adjacent uses and adjoining lands.
(g) 
In the case of multiple dwellings, the adequacy of usable open space for playgrounds and informal recreation.
(h) 
Adequacy of stormwater and sanitary waste disposal facilities.
(i) 
Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
(j) 
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(k) 
Conformance with other specific charges of the Town Board which may have been stated in these regulations.
(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 Environmental Conservation. The Planning Board may require that exterior design of all structures be made by or under the direction of a registered architect or engineer, whose seal shall be affixed to the plans. The Planning Board may also require such additional provisions and conditions that 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. The detailed landscaping plan should be reviewed by the Conservation Board prior to approval by the Planning Board. 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 in the final site plan, conformity 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 findings. 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 these regulations, and, where necessary, final site plan approval may require the modification or removal of unapproved site improvements.
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 these regulations. 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 conditional 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 from 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 shall be deemed to be in substantial compliance with the plan previously given preliminary approval unless any modification by the applicant of the plan as preliminarily approved:
(1) 
Varies the proposed gross residential density or intensity of use by more than 5%.
(2) 
Involves a reduction of the area set aside for common open space or a substantial relocation of such area.
(3) 
Increases by more than 10% the floor area proposed for nonresidential uses.
(4) 
Increases by more than 5% the total ground areas covered by buildings.
(5) 
Involves a substantial change in the heights of buildings.
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 Building Inspector, who shall then issue a building permit to the applicant if the project conforms to all other applicable requirements.
(2) 
Upon disapproving an application, the Planning Board shall so inform the Building Inspector. 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.
If the applicant wishes to stage his development, then he may submit only those stages he wishes to develop for site plan approval in accordance with his staging plan. At no point in the development of a planned unit development 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 20%.
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 unforeseen 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 ensure 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.