It is the intent of this chapter to provide flexible land use and design requirements through the use of performance criteria so that small-to-large neighborhoods or portions thereof may be developed that incorporate a variety of residential density and building types. A PMRD may contain both individual dwelling unit building sites and common property which is planned and developed as a unit. In order to carry out the purpose of this chapter, a PMRD development shall achieve the following objectives:

A.

A maximum choice at all economic levels in the types of environment, occupancy, housing, lot sizes and community facilities available to existing and potential town residents;

B.

Create more usable open space and recreation areas;

C.

The preservation of large trees and outstanding natural features;

D.

Creative use of land and related physical development;

E.

An efficient use of land resulting in smaller networks of utilities and roads, thereby lowering the costs of construction and maintenance;

F.

A development pattern in harmony with the objectives of the comprehensive plan for the town;

G.

Compatibility with all applicable guidelines and requirements set forth in Chapters 17.36 through 17.52;

H.

Maintenance or creation of acceptable traffic patterns and levels of service on the existing road network, especially in established residential areas.

(LL No. 1, 2021, § 1)

A.

A PMRD may be permitted in the RU, R1, BR, TC, TC2, and BNR underlying districts in accordance with the procedures for establishing a PMRD hereafter set forth in Section 17.20.100.

B.

A senior housing PMRD (SHPMRD) may be permitted in the RU, R1, BR, TC, TC2 and BNR underlying districts in accordance with the procedures for establishing a PMRD hereafter set forth in Section 17.20.100.

(LL No. 1, 2021, § 1)

One-unit, two-unit, and multi-unit dwellings and their accessory uses are permitted subject to site plan review and approval. Such dwelling units may be in the form of condominiums or rental units.

(LL No. 1, 2021, § 1)

As part of the PMRD review process, the planning board may offer the services of its planning and design consultant to assist the applicant in creating a concept plan for the project. The intent of the option is to offer early facilitation of creative design solutions, operating outside of the more rigid process of typical plan review and comment. The option would include coordination with town staff and boards as appropriate. The cost of this option would be borne by the applicant and only upon agreement by the applicant. The option is available as a supplement to typical staff town consultant review services with the goal of creating an enhanced project design and a more efficient and cost effective review process for the applicant.

(LL No. 1, 2021, § 1)

Any development proposal to be considered as a PMRD allowing such density increases as outlined in this chapter shall conform to the following requirements, which are regarded as minimum requirements, in addition to applicable requirements in other subsections of this chapter:

A.

PMRD Lot Area. The minimum lot area required to constitute a PMRD lot shall be five contiguous acres.

B.

PMRD Access. A minimum of two vehicular drives, approved and constructed in accordance with Section 17.36.050 shall be required for each PMRD lot unless waived by the planning board in review with the fire department and director of public works. Such drives shall originate from a road with a minimum classification as secondary road.

C.

Water and Sewer Service. A PMRD shall be serviced by public water and public sanitary sewer systems.

D.

PMRD Density. The planning board shall determine in each case the appropriate dwelling unit density and location. The gross density shall be calculated using the total acreage of the proposed PMRD lot. Such gross density shall in no instance exceed ten (10) dwelling units per acre.

E.

Maximum Number of Units. The maximum number of one-unit and in a PMRD shall be no more than thirty (30) percent of the total number of allowable dwelling units per the density calculation for the development in accordance with subsection 17.20.060(D).

F.

Recreation Requirements. A PMRD development shall have a minimum of ten (10) percent of the entire PMRD lot set aside and developed, as appropriate, for recreational use in accordance with Section 17.36.100.

(LL No. 1, 2021, § 1)

In addition to compliance with the general requirements set forth in Section 17.20.060 the following special requirements shall apply to PMRD:

A.

One-Unit and Two-Unit Dwelling. The requirements for each one-unit and two-unit dwellings and its lot within the PMRD shall be as established by the planning board in the site plan review and approval process, but shall comply with the following special requirements:

1.

Maximum lot coverage: fifty (50) percent;

2.

Minimum lot area: seven thousand (7,000) square feet;

3.

Minimum lot width: fifty (50) feet;

4.

Minimum setbacks:

a.

Front yard as measured from pavement edge of drive or interior drive: ten (10) feet,

b.

Side yard: ten (10) feet,

c.

Rear yard: twenty-five (25) feet;

5.

Maximum building height: thirty-five (35) feet and two stories;

6.

Minimum habitable dwelling area:

a.

Seven hundred (700) square feet in each one-unit dwelling,

b.

Nine hundred (900) square feet in each two-unit dwelling;

7.

Parking: shall be in conformance with Section 17.48.010;

8.

An accessory building, including detached garage, shall be located no less than ten (10) feet from any rear or side lot line and shall not be located in front yard, and shall be located at least ten (10) feet from the principal building.

B.

Townhouse. The requirements for each townhouse and its lot within the PMRD shall be as established by the planning board in the site plan review and approval process, but shall comply with the following special requirements:

1.

Maximum lot coverage: fifty (50) percent;

2.

Minimum lot area: three thousand five hundred (3,500) square feet;

3.

Minimum lot width: twenty (20) feet;

4.

Minimum setbacks:

a.

Front yard as measured from pavement edge of drive or interior drive: ten (10) feet,

b.

Side Yard: five feet (at end of townhouse);

c.

Rear Yard: twenty-five (25) feet;

5.

Maximum building height: forty (40) feet and three stories;

6.

Minimum habitable dwelling area: eight hundred (800) square feet in each dwelling;

7.

Parking: shall be in conformance with Section 17.48.010;

8.

An accessory building, including detached garage, shall be located no less than ten (10) feet from any rear or side lot line and shall not be located in front yard, and shall be located at least ten (10) feet from the principal building.

C.

Multi-unit Dwelling. The requirements for each multi-unit dwelling and the lot for the multi-unit dwelling within the PMRD lot shall be as established by the planning board in the site plan review and approval process, but shall comply with the following special requirements:

1.

Maximum lot coverage: sixty (60) percent;

2.

Minimum lot area per dwelling unit:

a.

For each one-bedroom dwelling unit: four thousand (4,000) square feet,

b.

For each two-bedroom dwelling unit: four thousand two hundred (4,200) square feet,

c.

For each three-bedroom dwelling unit: four thousand four hundred (4,400) square feet,

d.

For each four-bedroom dwelling unit: four thousand six hundred (4,600) square feet,

3.

Minimum lot width: two hundred (200) feet;

4.

Minimum setbacks:

a.

Front yard as measured from pavement edge of drive or interior drive: twenty (20) feet,

b.

Side Yard: ten (10) feet (at ends of buildings),

c.

Rear Yard: twenty-five (25) feet;

5.

Maximum building height: forty-two (42) feet and three stories;

6.

Minimum habitable dwelling area:

7.

Parking: shall be in conformance with Section 17.48.010.

8.

Accessory building, including detached garage, shall be located no less than ten (10) feet from any rear or side lot line and shall not be located in front yard, and shall be located at least twelve (12) feet from the principal building.

(LL No. 1, 2021, § 1)

Any development proposal to be considered as a SHPMRD allowing such density increases as outlined in this chapter shall conform to the following requirements, which are regarded as minimum requirements, in addition to applicable requirements in other subsections of this title as well as the requirements of the Federal Fair Housing Act.

A.

SHPMRD Lot Area. The minimum lot area required to constitute a SHPMRD lot shall be three contiguous acres.

B.

SHPMRD Access. A minimum of two drives, approved and constructed in accordance with Section 17.36.100 shall be required unless waived by the planning board in review with the fire department and director of public works. Such drives shall originate from a road with a minimum classification as secondary road.

C.

Water and Sewer Service. Each SHPMRD shall be serviced by public water and public sanitary sewer systems.

D.

Density. The planning board shall determine in each case the appropriate dwelling unit density and location. The gross density shall, be calculated using the total acreage of the proposed development. The planning board shall use the following requirements to help determine the appropriate dwelling unit density but may allow for a denser development upon review of the project:

1.

Multi-unit dwelling units shall be permitted at a maximum density of twelve (12) dwelling units per acre.

2.

One-unit and two-unit dwellings shall be permitted at a maximum density of 3.5 dwelling units per acre.

3.

No dwelling unit in a SHPMRD shall have more than two bedrooms, with the exception of a caretaker's or manager's dwelling unit which may have up to four bedrooms.

E.

Minimum habitable space shall be as established in Section 17.16.020, bulk and density control schedule.

F.

Recreation Requirement. All development proposals shall have a minimum of five percent of all lands set aside and developed in accordance with Section 17.36.100 for the private recreational use of the SHPMRD residents.

G.

Other Permitted Use. To further the objectives of the SHPMRD the town establishes and permits the following additional principal and accessory use:

1.

Principal Use. The following principal uses shall also be permitted in a SHPMRD. Each such use shall be required to have a minimum lot area of one acre. The planning board shall determine at the time of site plan review if a larger lot area is required to support the use:

a.

Assisted care living units, which for the purposes of this section, shall be living units that do not constitute the definition of a dwelling unit, but may contain separate living and sleeping space, and includes central eating facilities at which residents take meals;

b.

Nursing home or convalescent home, health care services facility, home for the aged, and other health care related facilities in combination with assisted care living units with central facilities duplicating those centrally provided for congregate care units and assistance with daily living services including but not limited to bathing, dressing, mobility, and medication supervision;

c.

Any combination of subsection (G)(1)(a) or (b) of this section.

2.

Accessory Use. Certain related ancillary facilities shall be permitted, either in a separate building or in combination with assisted and/or congregate care units. Such ancillary facilities are deemed to be and shall function as an accessory use and shall be compatible with the residential character of the development and are as follows:

a.

Cafeteria;

b.

Laundry, with off-site dry cleaning;

c.

Lounge;

d.

Game room;

e.

Recreation room;

f.

Exercise or multipurpose room;

g.

Workshop;

h.

Library or reading room;

i.

Sauna or spa, exercise rooms, whirlpool;

j.

Medical clinic and/or emergency medical center, physical and speech therapy areas, first aid station, principally for the benefit of residents of the development;

k.

Community and smaller private dining rooms, bar, or standard restaurant facility;

l.

Small retail stores, convenience store, personal service establishments, bank, post office, areas for crafts, games, and other activities;

m.

Chapel or other place of worship;

n.

Rental units and/or guest rooms for visitors;

o.

Social services office. Such office shall be for use by social service providers or others offering direct assistance to residents of the development;

p.

Playground (outdoor and/or indoor);

q.

Adult day care facilities;

r.

Twenty-four (24) hour security;

s.

Maintenance facilities.

(LL No. 1, 2021, § 1)

In addition to compliance with the general requirements set forth in Section 17.20.080, the following special requirements shall be applied to all SHPMRD and shall be regarded as minimum requirements:

A.

One-Unit and Two-Unit Dwelling Requirements. The dimensional requirements for one-unit and two-unit dwellings shall be as established by the planning board in the site plan review and approval process, except that in no instance shall they be less than the following requirements:

1.

Maximum lot coverage: fifty (50) percent;

2.

Maximum density: six dwelling units per acre;

3.

Minimum lot area: seven thousand (7,000) square feet per dwelling unit;

4.

Minimum lot width: fifty (50) feet;

5.

Minimum setback requirements:

a.

Front yard as measured from the pavement edge of drive and interior drive: ten (10) feet,

b.

Side yard: ten (10),

c.

Rear yard: twenty-five (25) feet,

d.

Exception: Awning, canopies, single story decks and single story covered porches may project a maximum of six feet into the required yard setbacks. Such awning, canopies, single story decks and single story covered porches shall not exceed one hundred forty (140) square feet of structure area within the required yard set forth above;

6.

Maximum building height: thirty-five (35) feet and two stories;

7.

Minimum habitable dwelling area:

a.

Four hundred (400) square feet in each unit dwelling.

8.

Parking: shall be in conformance with Section 17.48.010;

9.

An accessory building, including detached garage, shall be no more than three hundred (300) square feet in size and shall be located no less than ten (10) feet from any rear or side lot line, shall not be located in a front yard setback, and shall be located at least ten (10) feet from the principal building.

B.

Townhouse Dwelling. The requirements for townhouse dwellings shall be as established by the planning board in the site plan review and approval process, except that in no instance shall they be less than the following specific requirements:

1.

Maximum lot coverage: fifty (50) percent;

2.

Minimum lot area: three thousand five hundred (3,500) square feet per dwelling unit;

3.

Minimum lot width: twenty (20) feet;

4.

Minimum setback requirement:

a.

Front yard as measured from the pavement edge of drive and interior drives: ten (10) feet,

b.

Rear yard: twenty-five (25) feet,

c.

Side yard: five feet (at ends of buildings);

5.

Maximum building height shall be three stories or forty (40) feet, whichever is the lesser;

6.

Minimum habitable dwelling area: eight hundred (800) square feet;

7.

Parking requirements:

a.

Minimum parking: 1.0 space per dwelling unit and in accordance with all other requirements of Section 17.48.010;

b.

Maximum parking: two spaces per dwelling unit and in accordance with all other requirements of Section 17.48.010;

8.

Any accessory building, including a detached garage, shall be no more than three hundred (300) square feet in size and shall be located no less than ten (10) feet from any rear or side yard, shall not be located in a front yard setback, and shall be located at least ten (10) feet from the principal building.

C.

Multi-Unit Dwelling Development. The dimensional requirements for multi-unit dwellings shall be as established by the planning board in the site plan review and approval process, except that in no instance shall they be less than the following specific requirements:

1.

Maximum lot coverage: sixty (60) percent.

2.

Minimum lot area per dwelling unit:

a.

For each one-bedroom dwelling unit: four thousand (4,000) square feet.

b.

For each two-bedroom dwelling unit: four thousand two hundred (4,200) square feet.

c.

For each three-bedroom dwelling unit: four thousand four hundred (4,400) square feet.

d.

For each four-bedroom dwelling unit: four thousand six hundred (4,600) square feet.

3.

Minimum lot width: two hundred (200) feet.

4.

Minimum setback requirement:

a.

Front yard as measured from pavement edge of drive and interior drive: twenty (20) feet,

b.

Rear Yard: twenty-five (25) feet,

c.

Side Yard: ten (10) feet (at ends of building),

d.

No principal building shall be located less than thirty (30) feet from any interior lot line,

5.

Maximum building height shall be three stories or forty (40) feet, whichever is the lesser.

6.

Minimum habitable dwelling area:

7.

Parking requirements: a maximum of 1.5 spaces per dwelling unit and in accordance with all other requirements of Section 17.48.010;

8.

An accessory building, including detached garage, shall be located no less than ten (10) feet from any rear or side yard and shall not be located in a front yard setback, and shall be located at least ten (10) feet from the principal building.

(LL No. 1, 2021, § 1)

A.

Application Requirements. A request for establishing a PMRD or SHPMRD shall sequentially comprise: (1) a concept plan pursuant to Chapter 17.32; and (2) a site plan application pursuant to Chapter 17.32 and a proposed zoning amendment pursuant to Chapter 17.68.

B.

Concept Plan Requirement. A concept plan for a proposed PMRD or SHPMRD, prepared in accordance with Chapter 17.32 shall be submitted to the town board and to the planning board.

C.

Action on the Concept Plan.

1.

The planning board shall evaluate the concept plan and make a recommendation to the town board. The recommendations shall be either conditional acceptance of the concept plan or disapproval of the request and shall include findings for such recommendation.

2.

Then the town board shall evaluate the concept plan and the recommendation by the planning board. The town board shall make a decision of either conditional acceptance of the concept plan or disapproval of the request and shall include findings for such decision.

D.

Application for Site Plan and Zoning Amendment. Upon conditional acceptance of the concept plan by the town board, the applicant may initiate a site plan application in accordance with Chapter 17.32 for a PMRD or SHPMRD by submitting to the planning board a preliminary plan together with a proposed zoning amendment.

E.

Action on Preliminary Plan of Site Plan and Zoning Amendment. The planning board shall act on the preliminary plan and proposed zoning amendment as follows:

1.

Evaluate potential environmental impact, compliance with this title and any other applicable law, rule or regulation, and any other significant concern;

2.

Make findings based on the evaluation according to subsection 17.32.100(A);

3.

Make a decision based on the findings according to subsection 17.32.110(A) to either:

a.

Accept the preliminary plan and proposed zoning amendment for consideration by the town board and make a recommendation to the town board that the town board, make a determination of significant environmental impact by the proposed PMRD or SHPMRD and enact the proposed zoning amendment; or

b.

Refuse to accept the preliminary plan and proposed zoning amendment and make a recommendation to the town board that the town board disapprove or modify the proposed zoning amendment.

F.

Action on Zoning Amendment.

1.

After the receipt of the planning board's recommendation to accept the preliminary plan and proposed zoning amendment, the town board shall, in accordance with Chapter 17.68, set and hold a public hearing on the proposed zoning amendment for the PMRD or SHPMRD.

2.

After the public hearing pursuant to Chapter 17.68, the town board shall enact, with or without modification, or disapprove the proposed zoning amendment and record the reason for the action.

G.

Action on Site Plan Application. After enactment of the zoning amendment, the planning board shall process and make a decision on the site plan application for the PMRD or SHPMRD in accordance with Chapter 17.32.

H.

Subdivision Approval Requirement. If the PMRD or SHPMRD proposal involves a subdivision of land:

1.

Any subdivision of land shall be included in the concept plan.

2.

An application for subdivision approval shall, concurrent with the site plan application, be initiated by the applicant and processed with decisions thereon by the planning board.

I.

Modification or Amendment of Approved PMRD or SHPMRD. Any proposed modification or change to an approved site plan for a PMRD or SHPMRD requires submission, processing, and decision on an amendment to the approved site plan in accordance with Chapter 17.32.

(LL No. 1, 2021, § 1)