Special provisions applying to the PUD Planned Unit Development District.
(1) In order to carry out the purposes of this district, a planned unit development 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 preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion.
(e) A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses.
(f) An efficient use of land resulting in smaller networks of utilities and streets and, thereby, lower housing costs.
(g) A development pattern in harmony with the objectives of the Comprehensive Plan.
(h) A more desirable environment than would be possible through the strict application of other provisions of this chapter.
(2) The tract of land for a project may be owned, leased or controlled either by a single person, 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.
(3) Before the consideration of any rezoning of property to planned unit development can take place by the Town Board, the developer or his authorized agent shall apply to the Planning Board for and secure sketch plan approval of such planned unit development in accordance with the sketch plan approval procedures established in
§ 500-22E. A public hearing shall be held by the Planning Board according to
Article X: Amendments of this chapter. At the discretion of the Planning Board, the public hearing and the sketch plan approval proceeding may be held simultaneously, otherwise the sketch plan proceedings must be held prior to the Planning Board's public hearing on the amendment. 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 the public hearings necessary for the purpose of considering planned unit development zoning for the applicant's plan in accordance with the procedures established in
Article X: Amendments. The development of the planned unit development shall be conditional upon the applicant's securing of final site plan approval in accordance with procedures set forth in
Article V: Site Plan Approval and compliance with all additional conditions and requirements as may be set forth by the Town Board in its resolution granting the planned unit development.
(4) The Town Board shall determine in each case the appropriate land use intensity or dwelling unit density for individual projects. The determination of land use intensity ratings or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the rating or density.
(5) 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.
(6) When required, subdivision review per
Chapter 439: Subdivision of Land, shall be conducted contemporaneously with the provisions of
Article V: Site Plan Approval of this chapter.
(7) Upon receipt of a complete application for sketch plan approval and preliminary site plan approval, the Planning Board shall refer said application to the Monroe County Department of Planning for its report to the Planning Board within 30 days of receipt of said referral.
(8) For the purposes of regulating development and use of property after initial construction and occupancy and changes other than use, changes shall be processed as a special permit use request to the Planning Board. Use changes shall also be in the form of a request for special permit use, except Town Board approval shall be required. Properties lying in a PUD District are unique and shall be so considered by the Planning Board or Town Board when evaluating these requests, and maintenance of the intent and function of the planned unit shall be of primary importance.
Sketch plan approval.
In order to allow the Planning Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketch plan of his proposal to the Planning Board and a completed environmental assessment form to the Planning Board.
(1) Requirements. A sketch plan layout shall be prepared and submitted to the Planning Board with the number of copies as required by the Town for distribution as needed to coordinate with other consultants or agencies. Before preparing a sketch plan layout, the developer may discuss with the Planning Board, Town Supervisor or the Town Engineer the general requirements as to design of streets, reservation of land, drainage, sewerage, water supply, fire protection and other improvements, as well as procedural matters. Developers of land adjoining state or county highways are advised to consult with the District Engineer of the New York State Department of Transportation or the County Director of Public Works at the sketch plan layout stage in order to resolve problems of street openings or stormwater drainage at the earliest possible stage in the design process. The Planning Board shall study the sketch plan layout of a proposed subdivision in relation to existing or potential development of the adjacent area, the Town and County Master Plans, if any, and, in the course of its review, consult with other interested public agencies. 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:
(a) The location of the various uses and their areas in acres.
(b) The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.
(c) Delineation of the various residential areas indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (i.e., single-family detached, duplex, townhouse, garden apartments, high-rise) and general description of the intended market structure; plus a calculation of the residential density in dwelling units per gross acre (total area, including interior roadways) for such area.
(d) Delineation of the various nonresidential use areas indicating for each such use its general extent, size and composition. The nonresidential use areas should also describe the type of market it will serve.
(e) The interior open space system; only usable land shall be considered for such purposes.
(f) The overall drainage and stormwater management system.
(g) If grades exceed 3% or portions of the site have a moderate-to-high susceptibility to erosion or a moderate-to-high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five feet of elevation shall be provided along with an overlay outlining the above susceptible soil areas, if any.
(h) Principal ties to the community at large with respect to transportation, water supply and sewage disposal.
(i) General description of the provisions of other community facilities, such as schools, fire protection services, recreational facilities, and cultural facilities, and some indication of how these needs are proposed to be accommodated.
(j) A location map showing uses and ownership of abutting lands.
(2) In addition, the following documentation shall accompany the sketch plan:
(a) Evidence of how the developer's particular mix of land uses meets existing community demands.
(b) Evidence that the proposal is compatible with the goals of the official Comprehensive Plan.
(c) General statement as to how common open space is to be owned and maintained.
(d) If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of this section shall show the intended total project.
(e) Evidence of any sort in the applicant's own behalf to demonstrate his physical and financial competence to carry out the plan and his awareness of the scope of such a project.
(3) Notification of decision. Not later than 45 days following the receipt of a complete sketch plan, as certified by the Building Department, the Planning Board shall convey a written report to the applicant containing its comments concerning the design of the proposed subdivision, including, in appropriate cases, suggestions as to coordination with the design of adjacent areas or compliance with requirements of other interested public agencies. A letter to the applicant conveying the Planning Board's comments shall be considered a sufficient written report. If the applicant does not receive such a report after the forty-five-day limit, the sketch plan shall be considered approved.
(a) A favorable report shall include a recommendation to the Town Board that public hearings be held for the purpose of considering planned unit development zoning. It shall be based on the following findings which shall be included as part of the report:
[1] The proposal conforms to the Master Plan.
[2] The proposal meets the intent and objectives of planned unit development.
[3] The proposal is conceptually sound in that it meets local and area-wide needs and it conforms to accepted design principles in the proposed functional roadway and pedestrian system, land use configuration, open space system, drainage system and scale of the elements both absolutely and to one another.
[4] There are adequate services and utilities available or proposed to be made available in the construction of the development.
(b) An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what might be accomplished 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 zoning with the Clerk of the Town Board. The Town Board may then determine on its own initiative whether or not it wishes to call a public hearing.
Financial responsibility. No building permits shall be issued for construction within a PUD District until improvements are installed or a letter of credit is posted in accordance with the same procedures as provided for in § 277 of the Town Law relating to subdivisions and the requirements of
Chapter 439: Subdivision of Land, of the Code of the Town of Chili. Other such requirements may also be established from time to time by the Town Board.
See
§ 500-22: PUD Planned Unit Development District for more information.
