Zoneomics Logo
search icon

Cayuga Heights Village
City Zoning Code

ARTICLE XXI

Planned Development Zones

§ 305-134 Planned Unit Development. [1]

A. 
Purpose. The purpose of a Planned Unit Development is to introduce a degree of flexibility in conventional land use and design regulations which will encourage development in an imaginative and innovative way while ensuring efficient investment in public improvements, a more desirable environment, and protection of community interest. A Planned Unit Development is primarily intended for residential development, but may include accessory commercial and recreational development.
B. 
Requirements.
(1) 
Minimum acreage: 20 acres.
(2) 
Permitted land uses:
(a) 
Residential land uses.
(b) 
Nonresidential land use when:
[1] 
Such use will contribute to the quality of proposed development for the area.
[2] 
Such use will enhance the surrounding neighborhood in terms of open space, vehicular and pedestrian traffic movement, landscaping, preservation of natural features and an improved living environment.
(c) 
Commercial land use when:
[1] 
Such use is integral with, but clearly ancillary to, residential use of the site.
[2] 
Such use will not create a consumer market that routinely extends beyond the area of the Planned Unit Development.
(3) 
Density. The number of dwelling units provided in a Planned Unit Development shall not exceed the number of units that would be permitted by regulations of the underlying district. For purposes of this section, a "dwelling unit" shall mean a dwelling or residence containing one or more rooms designed or used for human habitation and providing living accommodations that include separate eating, sleeping and bathroom facilities for each family or household residing therein.
(4) 
Size of lots. Lot size shall be specified in an approved Planned Unit Development.
(5) 
Yards. No structure shall be located less than 75 feet from any public road right-of-way line existing at the time of the PUD application, or 100 feet from any other existing property line bordering the PUD, or as otherwise approved in an approved Planned Unit Development.
(6) 
Height of buildings. Unless otherwise approved by the Board of Trustees, no building shall be more than two stories high and no building shall exceed a height of 30 feet from the average finished grade to average height between the eaves and ridgeline of a pitched roof or the highest point of a flat roof. This height limit shall not apply to necessary mechanical or electrical equipment, skylights, flagpoles, light poles and similar site amenities approved by the Board of Trustees.
(7) 
Building coverage. The total land coverage for all buildings in the Planned Unit Development shall not exceed the coverage requirements of the underlying district.
(8) 
Natural features. Existing natural features on the site shall be preserved to the maximum extent feasible and incorporated into the site design.
(9) 
Stormwater runoff. In general, the rate of stormwater runoff from the Planned Unit Development site after development is complete shall not exceed the rate that would normally occur under a natural undeveloped condition as calculated for a fifty-year storm.
(10) 
Site planning requirements.
(a) 
Roads. All proposed roads in a Planned Unit Development shall be designed and constructed in accordance with standards approved by the Village Engineer.
(b) 
Service areas. Loading and service areas that face or are visible from a public road, including areas for the storage of solid waste and trash, shall be screened from public view by a vertical screen at least six feet high. A landscaped buffer strip or a combination of landscaping and fencing may be used to provide the required screening.
(c) 
Public transit and parking. The Board of Trustees shall be satisfied that appropriate provisions are provided for public transit and that an adequate amount of off-street parking will be provided for the proposed use. No off-street parking space shall be located less than 25 feet from any existing property line. All parking areas containing more than four spaces shall be landscaped.
(d) 
Underground services. All electric, telephone and television lines and cables shall be placed underground. All access points shall be landscaped in a manner approved by the Board of Trustees.
(e) 
Lighting. Adequate site lighting shall be provided and shall be designed and located so that it does not produce glare on adjacent properties and does not impede the vision of traffic on adjacent roads.
(f) 
Access drives. Multiple and extra-wide driveways shall be avoided. Access drives that do not provide safe sight distances shall not be permitted. Access drives shall intersect existing roads at a ninety-degree angle and shall not have a slope of greater than 5% for a distance of 60 feet from the intersection of center lines.
(g) 
Intersections. On- and off-site intersections shall be designed to accommodate the expected traffic safely. Turning lanes, deceleration lanes, by-pass lanes and other safety measures shall be provided as required by the Board of Trustees.
(h) 
Signs. One identification sign shall be permitted. Such sign may be two-sided but shall have a total area of no greater than 16 square feet per side. If lighted, the effects of lighting on automobile drivers shall be considered. Lighting shall not produce glare on roads or adjacent properties.
(i) 
Operation. No offensive noise, traffic, odor, smoke, dust, heat, glare, electrical disturbance or other pollutants shall be produced by the normal operating conditions of the proposed Planned Unit Development.
(j) 
Landscaping. The number of trees to be planted in the Planned Unit Development shall be at least equal to the number of trees removed for development purposes.
(11) 
Special circumstances. When the Board of Trustees determines that due to unusual circumstances of a particular site the requirements set forth above are not necessary, in the interest of public health, safety and general welfare, the Board of Trustees may modify such requirements subject to any conditions it may wish to impose.
C. 
Factors to be considered in reviewing application:
(1) 
Impact on existing and planned capacity of infrastructure system, including but not limited to roads, water, sewer, energy and drainage.
(2) 
Whether the proposed development promotes the orderly growth and sound development of the community, and whether a need exists for the proposed development.
(3) 
The extent to which the plan departs from the zoning regulations applicable to the property in terms of bulk, density, and permitted uses.
(4) 
The existing character of the neighborhood and the relationship, beneficial or adverse, of the proposed development to this neighborhood.
(5) 
The consideration given to pedestrian circulation within and outside the development and provision for open space.
(6) 
Traffic circulation features within the site, including the amount of, location of, and access to automobile parking.
(7) 
The amount of traffic generated and provisions for adequately handling or mitigating such volumes, and the nature and suitability of the connecting road or highway system to absorb anticipated changes.
(8) 
The provisions for stormwater runoff, sanitary and solid waste disposal and other utilities on and adjacent to the site.
(9) 
Provision for access for emergency services.
(10) 
Any other factor reasonably related to the general health, welfare and safety of the community.
D. 
Preapplication conference and concept plan. The Board of Trustees shall schedule a preapplication conference to discuss general development concepts of the proposed Planned Unit Development. The developer should present information that would most help the Board of Trustees gain a full understanding of the proposal. Information to be submitted should include:
(1) 
Base map locating the project site and showing the immediately surrounding neighborhood.
(2) 
General analysis of existing site characteristics (topography, soils, floodable land, natural features, environmentally sensitive areas, exceptional views, drainage areas, etc.).
(3) 
Narrative description of the proposed development, including land use types, densities, utility needs, traffic expectations, site amenities (open space, recreation areas, general massing of landscaped areas, etc.), construction phasing, general architectural character, restrictive covenants, etc.
(4) 
A concept plan generally indicating the approximate location of existing and proposed buildings, parking and service areas, patterns of vehicular and pedestrian movement, the provision of utilities, site amenities, and any other information that will help to explain the development concept.
E. 
Preliminary approval. The developer shall file 14 copies of an application for preliminary approval of a Planned Unit Development by the Board of Trustees with the Village Clerk, with an application fee of $250. The application shall contain the following materials:
(1) 
Preliminary development plan. The plan shall be prepared at a scale of no more than 100 feet to the inch, and shall show the following:
(a) 
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of tract shall also be located on the ground and marked by substantial monuments of such size and type as approved by the Village Engineer, and shall be referenced and shown on the plan.
(b) 
Proposed development name, name of village, town and county in which it is located, date, true North point, scale, name and address of record owner, developer and engineer or surveyor, including license number and seal.
(c) 
The names of the owners of record of all adjacent property as disclosed by the most recent municipal tax records.
(d) 
All parcels of land proposed to be dedicated to public use.
(e) 
The location of proposed buildings, indicating size and height.
(f) 
An analysis of how site planning is affected by existing soils in the development area, including wetlands, floodable areas, depth to bedrock and the seasonal water table.
(g) 
Proposed landscaping treatment for open areas, buffer areas, roads, and areas around and between structures, indicating plant species and the approximate size of trees to be used.
(h) 
Location of existing property lines, easements, road rights-of-way, watercourses and drainageways, wetlands, rock outcroppings, wooded areas, single trees outside wooded areas with a diameter of four inches or more as measured three feet above the base of the trunk, and other significant existing features related to the proposed planned unit development area and adjacent property.
(i) 
Location of existing sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
(j) 
Existing contours with intervals of five feet, or two feet for areas with grades less than 5%.
(k) 
The width and location of any existing roads or public ways or places on or adjacent to the property, and the width, location, proposed grade and typical cross-section of all private or public roads or public ways proposed by the developer.
(l) 
The approximate location and size of all proposed water lines, valves, hydrants, sewer lines and fire alarm boxes; connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in the Public Health Law; appropriate profiles of all proposed water and sewer lines.
(m) 
A stormwater drainage plan showing the calculated volume of stormwater run-off, the approximate location, size and grade of proposed storm sewers, catch basin locations with approximate inverts, the location and design of proposed detention or retention facilities, if any, with connections to existing drainageways or proposed alternate means of disposal.
(n) 
Site improvements, including the approximate location and grade of walkways, with typical cross-sections, the location and type of site lighting fixtures, provisions for fire protection, special landscaping features, outdoor recreation facilities and similar site amenities.
(o) 
Preliminary designs of any bridges or culverts which may be required.
(p) 
Where applicable, the proposed lot lines with approximate dimensions and area of each lot.
(q) 
A written erosion control plan, indicating what, when and how control measures will be installed.
(2) 
Description of the development. The developer shall submit written materials containing the following information:
(a) 
A written explanation of the character and purpose of the planned unit development, including the type and density of housing proposed and a description of the nature and extent of any nonresidential and commercial land uses proposed.
(b) 
A statement of proposed financing, including proposed sources of funds and guarantees that the work will be completed as proposed.
(c) 
An indication of the expected timetable for development.
(d) 
A description outlining how the proposed development meets the objectives of a Planned Unit Development.
(e) 
Description of land to be dedicated for public use and any conditions related thereto.
(f) 
Proposed covenants or deed restrictions.
(g) 
The manner and extent to which the proposed development varies from the zoning provisions of the underlying district.
(h) 
Drawings and narrative describing the architectural character of proposed buildings.
(i) 
An environmental impact statement.
(3) 
Public hearing. Within 60 days after the receipt of the application, a public hearing shall be held, unless a different date is agreed to between the Board of Trustees and the developer. The Village Clerk shall send written notice to all owners of Village property contiguous to the boundaries of the property under consideration. The notice has to be mailed at least 10 days in advance of the hearing. The public hearing may be continued or adjourned from time to time by the Board of Trustees.
(4) 
Procedure for preliminary approval.
(a) 
When the application is received, a copy of the proposal shall be referred to the Tompkins County Planning Department in accordance with § 239-l and § 239-m of Article 12-B of the General Municipal Law.
(b) 
The environmental review process shall be completed prior to final decision on the application.
(c) 
Within 60 days from the date of the public hearing and completion of the environmental review pursuant to Subsection E(4)(b) above, the Board of Trustees shall make a final decision on preliminary approval of the application. The Board may grant or deny preliminary approval, or may grant approval of the application with or without specified conditions to be met by the developer. The Board of Trustees shall determine the amount and terms of a review and inspection fee established pursuant to Subsection G(3) herein at the time of making a final decision on preliminary approval. The time frame for such final decision to the Board of Trustees may be extended by agreement between the Board of Trustees and the applicant.
(d) 
If preliminary approval is granted by the Board of Trustees, the Zoning Map shall, by such approval, be amended to establish and define the boundaries of the Planned Unit Development.
F. 
Final approval.
(1) 
Application. The developer shall, within six months of receiving preliminary approval, submit an application for approval of the final development plan to the Board of Trustees. The Board may extend the period for submission of the final development plan by no more than an additional six months upon application of the developer and upon good cause. The application shall be accompanied by a filing fee of $250. If the application for final approval is not submitted within six months after the conditional approval of the preliminary development plan (or within the extended period), the Board may refuse to approve the final development plan and require resubmission of the preliminary development plan.
(2) 
Final development plan. Twelve copies of the final development plan shall be submitted. The size of the sheet shall be 8-1/2 inches by 11 inches, minimum, or 34 inches by 44 inches maximum, including a margin for binding. The plan shall be drawn at a scale no smaller than 100 feet to the inch and oriented with the North point at the top of the sheet. Where more than one sheet is required, an additional index sheet of the same size shall be filed showing, to scale, the entire planned development.
(3) 
Contents of plan. The final development plan shall contain the following items, in addition to all data required for the preliminary development plan and not specified below:
(a) 
The name of the development and the Village, the name and address of the record owner and developer, the name, license number and seal of the land surveyor, project engineer, architect and landscape architect.
(b) 
Road right-of-way lines, pedestrian ways, lots, reservations, easements, and areas to be dedicated to public use.
(c) 
Final plans showing location, size and species of proposed landscaping.
(d) 
Sufficient data acceptable to the Village Engineer to determine readily the location, bearing and length of every proposed road, lot line and boundary line, and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the State System of Plane Coordinates, and in any event should be tied to reference points previously established by a public authority.
(e) 
The length and bearing of all straight lines, tangents, radii, length of curves and central angles of all curves shall be given for each road. All dimensions and angles of the line of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The plan shall show the boundaries of the property, location, graphic scale and true North point.
(f) 
The plan shall also show by proper designation thereon all public open spaces for which deeds are included and those spaces title to which is reserved by the developer. For any of the latter, there shall be submitted with the final development plan copies of agreements or other documents showing the manner in which such areas are to be maintained and the provisions made therefor.
(g) 
Permanent reference monuments shall be shown, and shall be constructed in accordance with specification of the Village Engineer. When referenced to the State System of Plane Coordinates, they shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the Village Engineer and their location noted and referenced upon the plan.
(h) 
Where separate lots are being created, all lot corner markers shall be permanently located in accordance with New York State licensed surveyor's standards.
(i) 
For all roads that are proposed to be conveyed to the Village, monuments of a type approved by the Village Engineer shall be set at all road intersections, angle points, tangent points of curves and such intermediate points as shall be required by the Village Engineer.
(4) 
Construction drawings. Unless additional copies are required by the Village Engineer, the final development plan shall include four copies of the following:
(a) 
Plans, profiles and typical cross-sections, as required, to show the proposed location, size and type of proposed roads, walkways, road lighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, pavements and subbase, manholes, catch basins, and design drawings for bridges, culverts and similar structures.
(b) 
Profiles for proposed roads showing the existing natural grade, typical cross-sections, center lines of intersecting roads and a center-line profile with dimensions on vertical curves and notation as to gradient and critical elevations.
(c) 
The location and invert profile of all storm and sanitary drainage structures (manholes, catch basins, etc.) in road rights-of-way and in drainage easements.
(d) 
Profile drawings shall be drawn with a vertical scale of one inch equals 50 feet and a horizontal scale of one inch equals 10 feet unless otherwise approved by the Village Engineer.
(5) 
Financial plan. The final development plan shall contain evidence that financing for the proposed construction is available and sufficient for completion of the project and for guarantees that the work be completed as proposed.
(6) 
Action on the final development plan.
(a) 
Within 60 days of receipt of the final application, the Board of Trustees shall disapprove or approve the final development plan, or approve the plan on condition that alterations be made. The time period for Board action may be extended by mutual agreement between the Board and the developer.
(b) 
Upon approval of the final development plan, the Board of Trustees may authorize and direct the Mayor to sign the final development plan and the Zoning Officer to issue a special permit. Thereafter, the developer shall file the plan in the office of the County Clerk and may proceed with construction of the planned unit development.
(c) 
Final approval shall be conditional upon compliance with applicable requirements of Subsection G(1) and (2) below.
(d) 
No final development plan shall be altered or revised after it has been given approval and duly endorsed, except that changes that may become necessary during construction may be made after review and approval by the Board of Trustees.
(e) 
Upon completion of any phase of the development, the Zoning Officer will, upon request of the applicant, make a final inspection thereof. If the Zoning Officer finds all work concerning construction and site improvements complete and in compliance with the approved final plan and all other applicable codes, laws, ordinances, rules and regulations, the Zoning Officer shall issue a certificate of compliance. In the event all proposed work has not been properly completed, or is not consistent with the approved final plan for which a special permit was issued, the Zoning Officer shall refuse to issue a certificate of compliance and shall notify the developer of the violations to be corrected.
(f) 
Notwithstanding Subsection F(6)(e) above, the Board of Trustees may, upon request by the developer, authorize and direct the Zoning Officer to issue a temporary certificate of compliance if such issuance would not endanger life, safety or the public welfare.
(g) 
If construction of the project does not commence within one year of the date that the Board of Trustees authorized issuance of a special permit, or if at any time construction is interrupted for a period in excess of one year, the Board of Trustees may revoke the Planned Unit Development designation. Once revoked, the original zoning classification for the parcel shall be reinstated, and if the developer wishes thereafter to continue with the project, the Planned Unit Development application and process shall begin anew. The time period to commence construction may be extended by the Board of Trustees upon good cause shown.
G. 
Warranties and fees.
(1) 
Performance guarantee.
(a) 
Estimate. As a condition of final development plan approval, the developer shall submit a preliminary estimate of the cost of all roads, sanitary sewers, water systems, storm drains, culverts, walkways and other infrastructure improvements that are to become the responsibility of the Village. Such cost estimate shall be submitted to the Village Engineer, together with a copy of the final development plan.
(b) 
Form of guarantee. The developer shall file with the Village Clerk a performance guarantee in an amount to be determined by the Board of Trustees as adequate to cover the cost of completing all infrastructure improvements that are to become the responsibility of the Village Attorney, as set forth in Subsection G(1)(a) above. Such guarantee may be in the form of performance bonds, escrow agreements, letters of credit or similar collateral or surety agreements approved by the Village Board and Village Attorney as to form, sufficiency and manner of execution.
(c) 
Additional conditions.
[1] 
The performance guarantee shall be so written as to allow the Village to draw from the funds to perform any and all work covered by the guarantee if the developer does not diligently, systematically and expeditiously perform the work.
[2] 
If the developer fails to perform in accordance with Village standards and specifications, or those incorporated in the approved final development plan or subdivision plan, then the Village shall give written notice of such failure and the developer shall, within 15 days, correct and properly perform as provided for in such notice. If the developer fails to correct and perform the work within such fifteen-day period, as set forth in the notice, the Village shall have the authority to do the work and be reimbursed for the cost thereof from the performance guarantee.
(2) 
Warranty of work and materials.
(a) 
For all infrastructure improvements that are to become the responsibility of the Village, the developer shall warrant all work performed and materials furnished against defect, failure, inadequacy or breakage for a period of two years from the date of completion of the project or any phase of it if done in phases. In the event of such defect, failure, inadequacy or breakage during said warranty period, the developer shall make the necessary repairs or replacements within two days of receiving written notice thereof from the Village.
(b) 
The form, amount and terms of such warranty shall be approved by the Board of Trustees.
(c) 
It shall be the developer's responsibility to notify the Village 45 days' prior to the end of the warranty period. The Village will make a final inspection and notify the developer of corrections or repairs that must be made as part of the warranty. If such work is not completed by the developer, the Village shall make the necessary repairs or replacement and deduct all costs therefor from the warranty funds.
(3) 
Review and inspection fee.
(a) 
A review and inspection fee shall be paid by the applicant for review of a Planned Unit Development application, including plans, architectural and engineering design, specifications and similar materials, field inspections and approvals required by regulations. Such fee is intended to cover the cost of professional and administrative services, including but not limited to architectural fees, engineering fees, legal fees and other consulting and inspection fees incurred by the Village in its review of a Planned Unit Development application.
(b) 
The amount of such review and inspection fee shall be determined by the Board of Trustees after receipt of the application for preliminary approval of a Planned Unit Development. Such review and inspection fee, or a letter of credit therefor, shall be submitted to the Village Clerk prior to the date of the public hearing on the application for preliminary approval and shall be drawn against to pay for Village costs related to the project.
(c) 
The Village shall document the nature and amount of any charges against the review and inspection fee. Any funds that have not been used when Village reviews and inspections are concluded shall be returned to the developer. If the Village incurs costs for review and inspection of the project that exceed the amount initially deposited by the developer, the developer will, upon due notification by the Village, provide an additional amount to cover such costs.
[1]
Editor's Note: The provisions of this section were adopted 1-22-1993 by L.L. No. 1-1993 and were added as § 305-134 at the direction of the Village.