Beekman City Zoning Code
ARTICLE XVII
Planned Unit Development
§ 155-80 Intent; objectives.
A.
District intent of the Planned Unit Development District. Areas of the Town designated as a Planned Unit Development (PUD) District by the Town Board may be developed with different land uses within an area covered by a single development plan which have been approved by the Town Board in accordance with the regulations and performance guidelines of this article. The regulations and procedures in this section have been developed because it is not always possible to determine in advance the exact location, type, standards and mixture of all uses which are planned and developed as a unit, which are self-contained and which occupy sites of sufficient size to provide adequate separation from adjacent uses and properties. PUD regulations are intended to provide for a mix of uses in which economies of scale or creative architectural or planning concepts may be utilized by the developer without departing from the spirit and intent of this article. PUD Districts may be established in accordance with the procedures specified below.
B.
Objectives. A PUD provides for a mix of land uses that would be unattainable with traditional municipal zoning techniques and provides flexibility in the regulation of land use development to achieve the following objectives.
(1)
Encourage innovation in land use variety and design, in the layout and type of new structures, and in their integration with both existing structures and neighborhoods;
(2)
Enhance efficiency in the use of land, natural resources, energy, community services and utilities;
(3)
Encourage open space preservation and protection of natural resources, historic sites and structures;
(4)
Facilitate the provision of housing and improved residential environments;
(5)
Enhance the ability of municipalities to promote business and employment opportunities; and
(6)
Encourage a development pattern in harmony with the objectives of the Town of Beekman Comprehensive Plan.
§ 155-81 Definitions.
As used herein:
An approved preliminary planned unit development plan prepared at such additional detail and showing information as is required by local regulation, and the modifications, if any, required by the Town Board at the time of approval of the preliminary planned unit development plan, if such preliminary plan has been so approved.
The signing of a final plan by the Town Board pursuant to a resolution granting final approval to the plan or after conditions, if any, specified in said resolution granting conditional approval of the plan are completed. Such final approval qualifies the plan for filing in the office of the Clerk as provided herein.
A site upon which residential, commercial, office, other land uses, or any combination thereof may be authorized in a flexible manner so as to achieve the goals of this article and the Town's Comprehensive Plan.
An independent, freestanding zoning district, wherein the zoning regulations need not be uniform for each class or type of land use, but where the use of land shall be in accordance with a preliminary planned unit development plan approved by the authorized Board.
A proposal for a planned unit development prepared in accordance with the requirements of § 155-59, Site plan review, showing the layout of the proposed project including, but not limited to, maps, plans, or drawings relating to proposed land uses, approximate location and dimensions of buildings, all proposed facilities, including preliminary plans and profiles. Information shall be provided at a suitable scale and in such detail as may be required by § 155-59, Site plan review, including, but not limited to, architectural features, lot sizes, setbacks, height limits, buffers, screening, open space areas, lighting, signage, landscaping, parking, and loading, traffic circulation, protection of natural resources, public or private amenities, adjacent land uses and physical features, and such other elements as may be required by local regulation.
The approval with conditions, if any, of the layout of a proposed planned unit development as set forth in a preliminary plan and the simultaneous amendment of this chapter by the Town Board to create and map a planned unit development district encompassing the preliminary plan; subject to the approval of the plan in final form pursuant to the provisions of this chapter.
§ 155-82 General requirements for planned unit development.
A.
Minimum area. No PUD shall include less than five acres of contiguous land unless the Planning Board and the Town Board find that property of less than five acres is suitable as a PUD by virtue of its unique historical character, topography, land use or landscaping features.
B.
Ownership. An application must be filed by the owner or the joint owners of all lands included in the proposed PUD. The district plan approved at the time of rezoning to PUD shall be binding on all owners and future owners or tenants as well.
C.
Location. Planned unit developments may be designated by the Town Board acting independently or on the basis of an application.
D.
Permitted uses. All uses permitted within a PUD shall be governed by the provisions of this section and the final approved PUD plan. Permitted uses may include any one or a combination of the following:
(1)
Residential uses. Residences may be any of a variety of types, including single-family homes, townhouses, multifamily residences, senior dwelling units, assisted-living facilities or any other residential use recommended by the Planning Board and approved by the Town Board. A variety of building types, styles and designs are encouraged so as to create a balanced community.
(2)
Nonresidential uses. Nonresidential uses may be permitted. Consideration shall be given to the location, scale, and setting of the project in determining the appropriateness of such uses and their location and design within the PUD as recommended by the Planning Board and approved by the Town Board.
(3)
Customary accessory or associated uses. Accessory uses, such as private garages, storage places, day-care centers, recreational and community facilities, religious uses, schools, and any other similar use as recommended by the Planning Board and approved by the Town Board shall also be permitted as appropriate to the PUD.
E.
Intensity of land use. Standards for land area per dwelling unit, land coverage by building, density, front, side, and rear yard setback requirements, building height requirements, aesthetic considerations and other requirements deemed necessary by the Town Board and the Planning Board shall be determined by standards established in the applicable existing zoning district most similar in nature and function to the proposed PUD, as determined by the Town Board. Exceptions to these standards are permissible when the Town Board finds that such exceptions will:
(2)
Not adversely affect property values of adjacent or neighboring lands or the character of same, but rather will be compatible with existing uses and structures found thereon.
(3)
Not unreasonably impact school facilities, public facilities, or other services without adequate provision being made to minimize or relieve such impact.
(4)
Not create traffic or parking demands incompatible with existing or proposed infrastructure to serve it.
(5)
Be of benefit to the Town and in the public interest.
(6)
Promote the intended purpose of the district, the Comprehensive Plan and of this chapter.
F.
Common property and open space.
(1)
Common property in a PUD is a parcel or parcels of land, for the use and enjoyment of which is shared by the owners and occupants of the individual building sites. Common property may be either in public or private ownership. 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 areas, parking facilities and recreational and open space areas.
(2)
Open space may be required at the discretion of the Town Board if determined appropriate.
§ 155-83 Application procedure and approval process.
A.
Prepetition conference. Prior to official submittal of a petition for consideration of a PUD, the developer or his agent shall meet with the Town Board and its technical advisory staff for a preliminary discussion as to the scope and nature of the proposed development and to consider alternate solutions to the development of a given area.
B.
Petition. Following the preliminary consultation with the Town Board and its technical advisory staff, petition may be made to the Town Board by the owner for approval of a specific project plan under the provisions of these regulations and for a change in zoning to a PUD. The petitioner shall include in the petition evidence satisfactory to the Town Board that petitioner is or has the legal right to become the owner of all lands in the proposed planned development area.
C.
Referral to Planning Board. Prior to making a final determination, the proposed PUD plan shall be referred by the Town Board to the Planning Board for its recommendation. The recommendation of the Planning Board shall be made to the Town Board within 60 days of such referral unless such time is extended by the Town Board.
D.
Recommendation of Planning Board. In making its recommendation, the Planning Board may recommend a denial of the planned unit development plan as submitted, or may recommend approval of said plan subject to specified amendments.
E.
Approval.
(1)
The Town Board, after receiving favorable recommendation from the Planning Board shall initiate the procedures for the purpose of considering designation of a PUD for the applicant's plan in accordance with the procedures of this article.
(2)
Prior to holding a public hearing, the Town Board shall render a determination of environmental significance in accordance with the procedures of the State Environmental Quality Review (SEQR). All procedures under SEQR shall be completed prior to the Town Board's action on the application.
(3)
Within 45 days of the close of public hearing, the Town Board may, by resolution, approve or disapprove the PUD plan as presented or modified, with or without conditions as necessary in order to fully protect the health, safety, and welfare of the community. The findings of the Town Board shall be based upon the facts submitted with the application and presented at the hearings to establish that the development plan is in accord with the intent and purpose of this chapter and is in the public interest. If approved, there shall be set forth in a written resolution the time within which the applicant must complete the development and/or the periods of time in which phased development must be completed and new phases commenced.
(4)
The Town Board shall disapprove the application if it finds that, in its opinion, the objectives of this chapter will not be achieved or that adverse environmental impacts are not minimized or avoided to the maximum extent practicable.
(5)
If the Town Board grants the application for a PUD District, the Zoning Map shall be so notated.
(6)
As a condition of final approval, the Town Board may require the posting of adequate performance guaranties to ensure the installation of all site improvements. Such performance guaranties shall be in an amount established by the Town Board and deemed sufficient to cover the cost of all such improvements as estimated by the Town Board and should include an agreed-upon date for the completion of said improvements and shall be in a form satisfactory to the Town Attorney.