Concord City Zoning Code
ARTICLE XXXV
Planned Unit Development
§ 150-184 Purpose.
Within the context of a Comprehensive Plan for the Town of Concord, as adopted in December 1990 by the Concord Town Planning Board and subject to amendment from time to time, the purpose of planned unit development regulations is to assist in the implementation of said Comprehensive Plan by providing a zoning technique to encourage flexibility in the design and development of land in certain specified zoning districts of this chapter in order to promote its most appropriate use; to facilitate the adequate and economical provision of streets, utilities and public spaces; and to preserve the natural and scenic qualities of open areas. Planned unit development (or "PUD") is a procedure intended to permit diversification in the location of structures and improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety and welfare and convenience both in the use and occupancy of buildings and facilities in planned groups.
§ 150-185 Initiation and approval.
The Town of Concord shall not initiate consideration of any proposed land development as a PUD. Consideration of the development of any land as a PUD, pursuant to the PUD regulations of this chapter, shall be commenced solely at the initiation of private interests. However, a PUD initiated by private interests in the Town of Concord shall be subject to the approval of the Concord Town Board based on and subsequent to a review and recommendations by the Concord Town Planning Board and any and all reviews as required by the County of Erie and/or the New York State Department of Environmental Conservation.
§ 150-186 Permitted locations.
PUD is permitted only in the C-1 Local Retail Business District and in the C-T Commercial-Tourist District of this chapter. Furthermore, only those permitted principal uses and structures as delineated in this Article XXXV shall be allowed in a PUD. Only those accessory uses and structures approved by the Concord Town Board shall be permitted in a PUD based on a PUD site plan and supporting documentation and extent of any and all accessory uses and structures included in a PUD.
§ 150-187 Permitted principal uses and structures.
Where a PUD is located in a C-T District, the following principal permitted uses and structures are allowed:
A.
Principal uses and structures as allowed in a PUD located in a C-1 District.
§ 150-188 Minimum area.
A PUD shall include no less than 30 acres of contiguous land.
§ 150-189 Residential density.
A PUD shall have densities of residential population no greater than those permitted in the zoning districts where a PUD is permitted.
§ 150-190 Open space.
A minimum of 20% of a PUD site area shall be developed as open space, with a minimum of 10% of the entire PUD acreage devoted to public recreation. Parking areas and vehicle access facilities shall not be considered in calculating open space.
§ 150-191 Utilities.
A PUD shall not be approved by the Concord Town Board unless it is served in its entirety by a system of public utilities, as defined in this chapter.
§ 150-192 Authority to relax minimum requirements.
With the exception of §§ 150-186 through 150-191 above, and unless otherwise provided in this chapter, the Concord Town Board may relax the minimum requirements in the C-1 and C-T Districts of this chapter as they relate to such factors as yard requirements, height requirements and setbacks in the review of and prior to the approval of a PUD.
§ 150-193 Public hearing.
A public hearing shall be held by the Concord Town Board prior to its approval of any PUD.
§ 150-194 Standards for review.
The Concord Town Planning Board shall approve a PUD only if it finds that the PUD satisfies all of the following standards:
A.
General standards.
(2)
The PUD group plan shall be consistent with the Comprehensive Plan of the Town of Concord.
(3)
The PUD shall provide for an effective and unified treatment of the development possibilities on the project site, making appropriate provisions for the preservation of scenic features and amenities of the site and the surrounding areas.
(4)
The PUD shall be planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.
B.
Design standards.
(1)
All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and blocks.
(2)
Individual buildings shall be related to each other in design, masses, materials, placement and connections to provide a visually and physically integrated development.
(3)
Treatment of the sides and rear of all buildings within the PUD group shall be comparable in amenity and appearance to the treatment given to street frontage of these same buildings.
(4)
The design of buildings and parking facilities shall take advantage of the topography of the project site, where appropriate, to provide separate levels of access.
(5)
All building walls shall be so oriented as to ensure adequate light and air exposure to the rooms within.
(6)
All buildings shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.
(7)
All buildings shall be arranged as to be accessible to emergency vehicles.
C.
Landscape design standards.
(1)
Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.
(2)
Primary landscape treatment shall consist of shrubs, ground cover and street trees and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to growing conditions of the Town of Concord's environment.
(3)
Whenever possible and appropriate, existing trees shall be conserved and integrated into the landscape design plan.
(4)
All streets bordering the project area shall be planted at appropriate intervals with street trees.
D.
Circulation system design standards.
(1)
There shall be adequate, safe and convenient arrangements of pedestrian circulation facilities, roadways, driveways and off-street parking and loading space.
(2)
Roads, pedestrian walks and open space shall be designed as integral parts of an overall site design. They shall be properly related to existing and proposed buildings and appropriately landscaped.
(3)
Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
(4)
Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.
(5)
Materials and design of paving, lighting fixtures, retaining walls, fences, curbs and benches shall be of good appearance, easily maintained and indicative of their function.
E.
Parking and loading design standards.
(1)
Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and monotony of parked vehicles.
(2)
Pedestrian connections between parking areas and buildings shall be by special pedestrian walkways and/or elevators.
(3)
Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design.
(4)
Any above-grade loading facility should be screened from public view to the extent necessary to eliminate unsightliness.
§ 150-195 Schedule of improvements.
A schedule of improvements shall be submitted as a part of the application for a PUD, including dates of construction commencement and completion for the major improvements proposed in the development plan.
§ 150-196 Delay in construction.
In the event that the construction is not started within two years from the date of approval by the Concord Town Board or in the event that construction has been started but the schedule of improvements has not been substantially adhered to, the Concord Town Board's approval of the PUD may be terminated. Said termination of a PUD approval by the Concord Town Board shall be confirmed by resolution of the Concord Town Board and the forwarding of a certified copy of said resolution to the last known address of the applicant by certified mail.