Clarkson City Zoning Code
ARTICLE IV
Planned Unit Developments
§ 140-27 Purpose; objectives.
A.
Purpose.
(1)
It is the intent of this Planned Unit Development (PUD) Article to provide performance criteria in the context of flexible use and design regulations so that small-to-large-scale residential neighborhoods may be developed within designated districts incorporating a variety of residential types and nonresidential uses and containing both individual building sites and common property which are planned and developed as a unit. Such a planned unit is to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common property in order to function as a neighborhood.
(2)
This article specifically encourages innovations in residential development so that the growing demands for housing at all economic levels may be met by greater variety in type, design and siting of dwellings and by the conservation and more efficient use of land in such developments. This article recognizes that, while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas or neighborhoods that are already substantially developed, these controls represent a type of preregulation, regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the planned unit development concept.
(3)
Further, this article recognizes that a rigid set of space requirements, along with bulk and use specifications, would frustrate the application of the planned unit development concept. Thus, where PUD techniques are deemed appropriate through the rezoning of land to a Planned Unit Development District by the Town Board, the set of use and dimensional specifications elsewhere in this chapter is herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls during the development period.
B.
In order to carry out the intent of this article, a PUD shall achieve the following objectives:
(1)
A maximum choice in the types of environment, occupancy, tenure (e.g., cooperatives, individual ownership, condominium, leasing), types of housing, lot sizes and community facilities available to Town residents at all economic levels.
(2)
More usable open space and recreation areas and more convenience in location of accessory commercial and service areas.
(3)
A development pattern which preserves trees, outstanding natural topography and geologic features and prevents soil erosion.
(4)
A creative use of land and related physical development which allows an orderly transition of land from rural uses.
(5)
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs.
(6)
A development pattern in harmony with the objectives of the Master Plan.
(7)
A more desirable environment than would be possible through the strict application of other articles of this chapter.
§ 140-28 General requirements.
A.
Minimum area. Under normal circumstances, the minimum area required to qualify for a Planned Unit Development District shall be 100 contiguous acres of land. Where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article, the Planning Board may consider projects with less acreage.
B.
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 is binding on all owners.
C.
Location of PUD District. The PUD District shall be applicable to any district or parts of districts where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article.
D.
Permitted uses. All uses within an area designed as a PUD District are determined by the provisions of this section and the approved plan of the project concerned.
(1)
Residential uses. Residences may be of a variety of types. In creating a balanced community, the use of a variety of housing types shall be deemed most in keeping with this article. However, at least 35% of the total number of dwelling units within any PUD shall be in single-family detached structures.
(2)
Accessory commercial, service and other nonresidential uses. Commercial, service and other nonresidential uses may be permitted (or required) where such uses are scaled primarily to serve the residents of the PUD. The following proportions are deemed to be in keeping with this intent under normal circumstances:
(a)
Where a PUD contains 100 or more dwelling units, a maximum of 2,400 square feet of floor area for every 100 dwelling units may be used for limited commercial or service use. Such commercial or service area may be in a separate building or incorporated within a two-family or a multifamily structure.
(b)
Where a PUD contains 500 or more dwelling units, a maximum of one acre of land for every 100 dwelling units may be used for commercial or service purposes.
(c)
Where a PUD contains 1,000 or more dwelling units, five acres of land for each 100 dwelling units may be used for limited industry in addition to the permitted commercial and service uses. Individual industrial areas shall be a minimum of 50 acres.
(d)
Customary, accessory or associated uses, such as private garages, storage spaces, recreational and community activities, churches and schools, shall also be permitted.
F.
Intensity of land use. Because land is used more efficiently in a PUD, improved environmental quality can be produced with a greater number of dwelling units per gross building acre than usually permitted in other zoned districts. 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.
G.
Common property in the PUD. Common property in a PUD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. 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 area.
§ 140-29 Application and approval procedures.
A.
Whenever any planned unit development is proposed, before any contract is made for the sale of any part thereof, before any permit for the erection of a permanent building in such planned unit development shall be granted and before any subdivision plat of any part thereof may be filed in the office of the Monroe County Clerk, the developer or his authorized agent shall apply for and secure approval of such planned unit development in accordance with the following procedures.
B.
Application for sketch plan approval.
(1)
In order to allow the Planning Board and the developer to reach an understanding on basic design requirements at the earliest opportunity, the developer shall first submit a sketch plan of his proposal to the Planning Board. 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 the number and size in terms of number of bedrooms of residential units by each housing type: single-family detached, duplex, townhouse, garden apartments and other (specify); plus a calculation of the residential density in dwelling units per gross acre (total area, including interior roadways) for each such area.
(d)
The interior open space system.
(e)
The interior drainage system.
(f)
If depth to bedrock is less than three feet or portions of the site have a moderate-to-high susceptibility to flooding and ponding, a topographic map showing existing and proposed contour intervals of not more than five feet of elevation shall be provided. (NOTE: Maps showing soil areas and classification for the Town of Clarkson have been prepared by the Monroe Count Planning Council and the Soil Conservation Service. These maps designate general soil characteristics and are available for inspection at the Town Hall and the County Office Building. Where a potentially significant development problem exists, a special on-site investigation should be conducted.)
(g)
Evidence of any sort in the applicant's own behalf 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)
Estimates of the school population and possible allocation to existing and proposed schools.
(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. (NOTE: Evidence as to demands may be in the form of specific studies or reports initiated by the developer or in the form of references to existing studies or reports relevant to the project in question.)
(b)
Evidence that the proposal is compatible with the goals of the Official Master Plan, if any.
(c)
A statement as to how common open space is to be owned and maintained.
(d)
If the development is to be staged, a clear indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of Subsection B(1) above shall show the final completed project.
(e)
Evidence of any sort in the applicant's own behalf to demonstrate his competence to carry out the plan and his awareness of the scope of such a project, both physical and financial.
(3)
The Planning Board shall review the sketch plan and its related documents and shall render either a favorable report to the Town Board or an unfavorable report to the applicant.
(a)
A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering tentative approval. 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.
[4]
The proposal is conceptually sound in that it meets a community need and it conforms to accepted design principals in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements, both absolutely and to one another.
[5]
There are inadequate 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 done in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application for tentative approval with the Town Clerk. The Town Board may then determine whether or not it wishes to call a public hearing and proceed.
(4)
The Chairman of the Planning Board shall certify when all of the necessary application material has been presented, and the Planning Board shall submit its report within 60 days of such certification. If no report has been rendered after 60 days, the applicant may proceed as if a favorable report were given to the Town Board.
C.
Application for tentative approval.
(1)
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 a public hearing for the purpose of granting tentative approval to the applicant's plan in accordance with the procedures established under §§ 264 and 265 of the Town Law, or other applicable law.
(2)
The Town Board shall refer the application to the County Planning Council for its analysis and recommendation, and the Town Board shall also refer the application to the Town Engineer for his review. The Town Engineer shall submit a report to the Town Board within 30 days, duly noting the feasibility and adequacy of those design elements under his sphere of interest. This report need only concern itself with general conceptual acceptance or disapproval, as the case may be, and in no way implies any future acceptance or rejection of detailed design elements as will be required in the later site plan review stage. The Town Engineer may also state in his report any other conditions or problems that must be overcome before consideration of acceptance on his part.
(3)
The Town Board shall give the County Planning Council at least 30 days to render its report: and, within 60 days of receipt of the County Planning Council report or within 90 days of referral to the Council Planning Council, whichever is sooner, the Town Board shall render its decision on the application.
D.
Zoning for planned unit developments. If the Town Board grants tentative approval, the Zoning Map shall be so notated. The Town Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its Zoning Local Law any additional conditions or requirements for the applicant to meet. Such requirements may include but are not confined to visual and acoustical screening, land use mixes, order of construction and/or occupancy, circulation systems, both vehicular and pedestrian, availability of sites within the area for necessary public services, such as schools, firehouses and libraries, protection of natural and/or historic sites and other such physical or social demands. Final approval and zoning shall be conditional upon the following:
[Amended 8-11-1987 by L.L. No. 2-1987]
E.
Application for preliminary site plan approval. Application for preliminary site plan approval shall be made to the Planning Board and shall be accompanied by the following information prepared by a licensed engineer, architect, landscape architect or surveyor:
(1)
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
(2)
If grades exceed 3% or portions of the site have 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. (NOTE: Maps showing soil areas and classifications for the Town of Clarkson have been prepared by the Monroe County Planning Council and the Soil Conservation Service. These maps designate general soil characteristics and are available for inspection at the Town Hall and the County Office Building. Where a potentially significant development problem exists, a special on-site investigation should be conducted.)
(3)
A preliminary site plan, including the following information:
(a)
Title of drawing, including name and address of applicant.
(b)
North point, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing watercourses.
(e)
A site plan showing location, proposed use and height of all buildings; location of all parking and truck-loading areas, with access and egress drives thereto; location and proposed development of all open spaces, including parks, playgrounds and open space reservations; location of outdoor storage, if any; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; description of method of sewage disposal and location of such facilities; location and size of all signs; location and proposed development of buffer areas; location and design of lighting facilities; and the amount of building area proposed for nonresidential uses, if any.
(4)
A tracing overlay showing all soil areas and their classifications and those areas, if any, with moderate-to-high susceptibility to flooding and moderate-to-high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation.
F.
Factors for consideration.
(1)
The Planning Board's review of a preliminary site plan shall include but is not limited to the following considerations:
(a)
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
(b)
The adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
(c)
The location, arrangement, appearance and sufficiency of off-street parking and loading.
(d)
The location, arrangement, size and design of buildings, lighting and signs.
(e)
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise-deterring buffer between adjacent uses and adjoining lands.
(f)
In the case of apartment houses or multiple dwellings, the adequacy of usable open space for playgrounds and informal recreation.
(g)
The adequacy of stormwater and sanitary waste disposal facilities.
(h)
The adequacy of structures, roadways and landscaping in areas with moderate-to-high susceptibility to flooding and ponding and/or erosion.
(i)
The protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(j)
Conformance to other specific charges of the Town Board which may have been stated in the Zoning Local Law.
[Amended 8-11-1987 by L.L. No. 2-1987]
(2)
In its review, the Planning Board may consult with the Town Engineer and other Town and county officials, as well as with representatives of federal and state agencies, including the Soil Conservation Service and the New York State Department of Conservation. The Planning Board may require that exterior design of all structures be made by or under the direction of a registered architect whose seal shall be affixed to the plans. The Planning Board may also require such additional provisions and conditions that appear necessary for the public health, safety and general welfare.
G.
Action on preliminary application.
(1)
A public hearing shall be held within 45 days of the submission of an application for preliminary site plan approval, and the Planning Board shall act on it within 45 days of the public hearing. If no decision is made within said forty-five-day period, the preliminary site plan shall be conditionally approved. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is conditionally approved. A copy of the appropriate minutes of the Planning Board shall be a sufficient report.
[Amended 8-11-1987 by L.L. No. 2-1987]
(2)
The Planning Board's statement may include recommendations as to desirable revisions to be incorporated in the final site plan, to which conformance shall be considered a condition of approval. Such recommendations shall be limited, however, to siting and dimensional details within general use areas, and shall not significantly alter the sketch plan as it was tentatively approved in the zoning proceedings.
(3)
If the preliminary site plan is disapproved, the Planning Board's statement shall contain the reasons for such findings. In such case, the Planning Board may recommend further study of the site plan and resubmission of the preliminary site plan to the Planning Board after it has been revised or redesigned.
(4)
No modification of existing stream channels, filling of land with a moderate-to-high susceptibility to flooding, grading or removal of vegetation in areas with a moderate-to-high susceptibility to erosion, or excavation for and construction or site improvements shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of this chapter, and, where necessary, final site plan approval may require the modification or removal of unapproved site improvements.
H.
Request for changes in sketch plan. If in the site plan development it becomes apparent that certain elements of the sketch plan, as it has been tentatively approved by the Town Board, are unfeasible and in need of significant modification, the applicant shall then present his solution to the Planning Board as his preliminary site plan in accordance with the above procedures. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the Zoning Local Law. If a negative decision is reached, the application shall be considered disapproved, the property shall revert to its previous zoning designation, and the applicant must resubmit his proposal as a sketch plan if he still wishes to pursue his project. If an affirmative decision is reached, the Planning Board shall so notify the Town Board, stating all of the particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary site plan approval may then be given only with the consent of the Town Board.
[Amended 8-11-1987 by L.L. No. 2-1987]
I.
Application for final detailed site plan approval.
(1)
After receiving conditional approval from the Planning Board on a preliminary site plan and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his final detailed site plan and submit it to the Planning Board for final approval, except that, if more than six months has elapsed between the time of the Planning Board's report on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
(2)
The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It should incorporate any revisions or other features that may have been recommended by the Planning Board and/or the Town Board at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
J.
Action on final detailed site plan application. Within 45 days of submission of an application for final site plan approval, the Planning Board shall hold a public hearing thereon. The Planning Board shall render a decision within 45 days of such public hearing; provided, however, that such hearing may be waived if the final plan is in substantial agreement with the preliminary plan. If such public hearing is waived, the Planning Board must render a decision within 45 days of the submission of the application for final site plan approval.
[Amended 8-11-1987 by L.L. No. 2-1987]
(1)
Upon approving an application, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Zoning Officer, who shall then issue a zoning permit to the applicant if the project conforms to all other applicable requirements.
(2)
Upon disapproving an application, the Planning Board shall so inform the Zoning Officer. The Planning Board shall also notify the applicant and the Town Board, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
K.
Staging. If the applicant wishes to stage his development and he has so indicated as per Subsection B(2)(d) of this section, then he may submit only those stages he wishes to develop for site plan approval in accordance with his staging plan. Upon posting bond or improving each stage, the affected portion(s) of the plan shall be deemed as finally approved. Any plan which requires more than 24 months to get underway shall be required to be staged, and a staging plan must be developed. At no point in the development of a PUD shall the ratio of nonresidential to residential acreage or the dwelling unit ratios between the several different housing types for that portion of the PUD completed and/or under construction differ from that of a PUD as a whole by more than 20%.
[Amended 8-11-1987 by L.L. No. 2-1987]
§ 140-30 Additional regulations.
A.
For the purposes of regulating development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as variance requests. Use changes shall be processed as requests for special permits requiring Town Board approval. It shall be noted, however, that properties lying in Planned Unit Development Districts are unique and shall be so considered by the Board of Appeals and/or the Town Board when evaluating variance and special permit requests; and maintenance of the intent and function of the planned unit shall be of primary importance.
B.
Site plan review under the provisions of this article shall suffice for Planning Board review of subdivisions under the Town Subdivision Regulations, subject to the following conditions:
(1)
The developer shall prepare sets of subdivision plats suitable for filing with the office of the Monroe County Clerk in addition to those drawings required above.
(2)
The developer shall plat the entire development as a subdivision; however, PUD's being developed in stages may be platted and filed in the same stages.
§ 140-31 Financial responsibility.
[Amended 8-11-1987 by L.L. No. 2-1987]
No zoning permits shall be issued for construction within a PUD District until improvements are installed or a performance bond and/or an irrevocable letter of credit is posted in accordance with the same procedures as provided for in § 277 of the Town Law relating to subdivisions. Other such requirements may also be established from time to time by the Town Board.