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]
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.
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.
(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:
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.
