Alden Town City Zoning Code
ARTICLE VII
Planned Unit Development
§ 365-48 Intent.
The intent of this article is to provide greater flexibility leading to more imaginative design in the development of areas than is normally possible under conventional zoning districts. It is further intended to promote:
A.
The most appropriate use (uses) of the land;
B.
A more efficient and economical arrangement of streets, utilities, buildings and open space;
C.
The utilization of topography and other natural features to the best advantage both in creative design and conservation practices; and
D.
The integration of all elements into one, cohesive and compatible unit.
§ 365-49 Approval.
A.
The creation of a planned unit development shall be subject to the approval of the Town Board, based upon the review and recommendation of the Planning Board and upon the results of a public hearing.
B.
In a planned unit development, the use and dimensional specifications found elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.
§ 365-50 General regulations.
A.
Location. The Planned Unit Development District shall be applicable to any area of the Town where the applicant can demonstrate that the characteristics of this development will satisfy the objectives of this article.
B.
Minimum area. The planned unit development shall include no less than 20 acres of contiguous land.
C.
Open space. A minimum of 25% of the site shall be used as open space, including walkways, plazas, landscaped areas and recreation areas. Parking areas and vehicle access facilities shall not be considered in calculating open space.
D.
Common property. Common property in a planned unit development is a parcel or parcels of land together with improvement thereon, the use of which are shared by the owners and occupants of the individual building sites. 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.
E.
Ownership. 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.
F.
Permitted uses. The following permitted uses shall not adversely affect surrounding development and shall be in accordance with the purpose, intent and objectives of this chapter:
(1)
Dwelling units in detached, semidetached, attached, clustered or multistoried structures, or a combination thereof.
(2)
Commercial uses, where such uses are scaled primarily to serve the residents of the planned unit development, such as retail sales, personal services and professional offices.
(3)
Other commercial and/or light industrial uses permitted only in a planned unit development of 100 acres or more, only when said uses are in strict accordance with the intent of this chapter and the Town Master Plan.
(4)
Public and private institutional facilities.
(5)
Recreational facilities.
G.
Densities. Gross densities for single-family, two-family and multiple-family developments shall not exceed those set forth under R-1, R-2 and R-3 Districts, respectively.
§ 365-51 Required submissions; review.
A.
Preapplication conference. To avoid possible future delays, it is suggested that the applicant confer informally with the Planning Board regarding basic concepts of the proposed planned unit development, including rough sketches and tabulations, prior to submitting preliminary site plans.
B.
Preliminary site plan.
(1)
A preliminary plan shall be prepared as required under Article XII, accompanied by the following documentation:
(a)
Evidence of how the developer's particular mix of land uses meets existing community demands to include area-wide as well as local considerations.
(b)
Evidence that the proposal is compatible with the goals of local and area-wide planning.
(c)
A general statement as to how common open space is to be owned and maintained.
(d)
If the development is to be phased, a general indication of how the phasing is to proceed. Whether or not the development is to be phased, the sketch plan shall show the intended total project.
(e)
Evidence of any sort in the applicant's own behalf to demonstrate his competence to carry out the plan to completion and his awareness of the scope of such a project, both physical and financial.
(2)
Planning Board action.
(a)
The Planning Board shall review the preliminary site plan and related documents and, within 60 days of submission, shall submit to the Town Board its recommendation that the plan be approved, disapproved or modified.
(b)
If, in any such evaluation, the Planning Board finds that any submission requirements, regulations, standards or criteria prescribed by this chapter are inapplicable because of unusual conditions of the planned unit development or the nature and quality of the proposed design, it may recommend to the Town Board that an adjustment in such regulations, standards or criteria be made.
(3)
Town Board action. Upon a favorable report from the Planning Board, the Town Board shall set a date for a public hearing for the purpose of considering the creation of a planned unit development. The Town Board shall hold a public hearing and shall render a decision within 60 days following the public hearing.
(4)
Zoning. The determination of the Town Board to create a planned unit development or adjust any regulations or standards shall be based on its review of the preliminary site plan and related documents, the Planning Board's recommendations and matters brought forth at the public hearing. Upon the creation of a planned unit development, the Zoning Map shall be amended to show the newly created Planned Unit Development District. Amending the Zoning Map to indicate a planned unit development does not authorize the issuance of building permits. Such action can only be taken upon approval of the final site plan.
C.
Final site plan. The final site plan shall substantially conform to the preliminary site plan that has been approved, incorporating any revisions or other features recommended by the Planning Board and/or Town Board. In addition to the information contained in preliminary site plan, the final site plan shall provide the information outlined under Article XII.
(1)
Phasing. If the development is to be implemented in phases, each phase must have adequate provision for access, parking, open space, recreation areas and stormwater management and other public improvements to serve the development in accordance with the applicable criteria set forth. Where the overall development of an entire planned unit development site will require more than 24 months to complete, such developments shall be required to be phased. Each phase shall be provided with temporary or permanent transitional features, buffers or protective areas in order to prevent damage to completed phases, to future phases and to adjoining property.
(2)
Planning Board action. Within 60 days of the receipt of the application for final site plan approval, the Planning Board shall act on it and notify the Town Board and applicant of its action. In determining its action, the Planning and Zoning Boards shall seek advice and assistance from such sources as the Town Attorney, the Town Engineer, the Town Building Inspector, the Town Planning Consultant and the Town Highway Superintendent. The Planning Board's report shall state whether or not the final site plan is recommended and shall include a detailed statement of the basis for any Planning Board determination of noncompliance with any substantive criterion, standard or regulation of this section. In such case, the Planning Board may recommend further study of the final site plan after it has been revised or redesigned.
(3)
Town Board action.
(a)
Within 30 days of receiving a recommendation from the Planning Board, the Town Board shall either approve or disapprove the final site plan. The basis for such a decision shall be the conformance of the final site plan to the approved or modified preliminary site plan and to the objectives of this chapter.
(b)
If the Town Board determines that the final site plan does not comply with the above criteria, standards or regulations, then the record or such determination shall be delivered to the applicant, including a separate statement setting forth in detail the exact nature of such noncompliance and all other factors included in the basis for the Town Board's determination.
§ 365-52 Additional regulations.
A.
Subdivision review. Site plan review, under the provisions of this article, shall suffice for Planning Board and Town Board review and approval of subdivisions, subject to the following conditions:
B.
Regulation after initial construction and occupancy. For purposes of regulating the development and use of property after completion of initial construction and occupancy, any changes shall be processed as a special permit, as outlined under Article XI.
C.
Commencement of construction. No construction or site improvement work may commence until site plan approval has been granted.
D.
Financial responsibility. No building permits shall be issued for construction within a Planned Unit Development District until improvements are installed or a performance bond or letter of credit posted in accordance with the same procedures as provided for in the Town Subdivision Regulations.