Cortlandville City Zoning Code
ARTICLE XI
Planned Unit Development
§ 178-52 Statement of intent.
The purpose of this article is:
A.
General: to provide a degree of flexibility in land use and to encourage imagination and innovation in planned developments. Planned unit development must be consistent with the intent of this chapter, the Town of Cortlandville Development Plan, the Route 281/13 Corridor Land Use and Aquifer Protection Plan, Town Design Guidelines and other design and development policies of the Town. After having met the requirements of this article, approved planned unit developments will be permitted uses. This article necessarily combines subdivision and zoning regulations.
[Amended 4-2-2008 by L.L. No. 2-2008]
B.
Residential planned development: to offer recreational opportunities close to home, to relieve monotony and congestion in streets, to plan for neighborhood maintenance of open space, to promote harmonious architecture between adjacent buildings, to encourage the placement of structures in proper relationship to the natural characteristics of the site, to promote energy conservation through proper solar orientation and construction techniques, and to preserve natural areas.
C.
Commercial planned development: to promote development of business centers with adequate off-street parking, to control access points on thoroughfares, to separate pedestrian and automobile traffic, to develop centers of size and location compatible with the market potential, to buffer adjacent residential areas with landscaped open spaces and to encourage harmonious architecture between adjacent commercial structures and between homes and commercial structures.
D.
Industrial planned development: to promote the establishment of industrial parks, to permit groups of industrial buildings with integrated design and a coordinated physical plan, to encourage recreational facilities within industrial areas, to buffer adjacent residential areas with landscaped open spaces, and to encourage pleasant architectural design for industrial facilities.
E.
Mixed-use planned development: to provide for coordinated and complementary mixed-use forms of development that may include residential, public uses, open space, office, light industrial and commercial uses or any combination thereof. The variety of land uses available in this district allows flexibility to respond to changing market demands and tenant/owner needs by providing for well-planned and functionally integrated land uses designed to promote efficient use of the land, infrastructure and open space.
[Added 4-2-2008 by L.L. No. 2-2008]
§ 178-53 Permitted locations.
A.
Residential PUD shall be permitted in any zoning district in the town.
B.
Commercial PUD shall be permitted in agriculture, business and industrial districts.
C.
Industrial PUD shall be permitted in industrial and agriculture districts only.
D.
Mixed-use PUD shall be permitted in agricultural, business and industrial districts and any area of the Town where the applicant can demonstrate or the Town Board, on its own initiative or upon the recommendation of the Planning Board, determines that the characteristics of the proposed site will meet the requirements of this article.
[Added 4-2-2008 by L.L. No. 2-2008]
§ 178-54 Development regulations.
A.
General.
(1)
Any PUD shall contain a minimum of 10 contiguous acres. For purposes of this requirement, lands separated by streams, drainagecourses, highways, streets or other public or private rights-of-way shall be deemed contiguous.
[Amended 4-2-2008 by L.L. No. 2-2008]
(2)
Any PUD shall have a minimum of 25% of the gross land area set aside for open space, free of buildings, parking, roads and driveways.
(3)
Proposals for staged development must provide for an appropriate mix of uses and adequate allowance for completion of overall concepts.
(4)
There must be legal purchase offers on all parcels involved in PUD prior to submission for preliminary approval.
(5)
There must be single ownership of the entire PUD area prior to final application for approval.
(6)
Because land is developed more efficiently in a PUD, improved environmental quality can often result from greater densities than usually permitted in traditional zoning districts. The Town Board, upon Planning Board recommendation, shall determine in each case the appropriate land use density for individual projects.
[Added 4-2-2008 by L.L. No. 2-2008]
(7)
Common property in a PUD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the individual building sites. Common property may be in public or private ownership. Under private ownership satisfactory arrangements must be made at the time of PUD approval for the improvement, operation and maintenance of such property and facilities, including private streets, drives, service and parking areas, recreation, public and open space areas. Any common property proposed and approved as open space shall remain and be maintained open and free from development in perpetuity. Open space does not include roads, utility rights-of-way or drainage channels. Such open space shall not be disposed of for any future development but may, at the Town’s option, be conveyed to the Town or to an appropriate not-for-profit corporation or association formed to operate and maintain such open space. The ownership of open space lands created as part of a PUD and not dedicated fee simple to the Town of Cortlandville shall be approved by the Town Board. The Town Board shall retain the right to review and approve the articles of incorporation and charter of any ownership entity and to require whatever conditions it shall deem necessary to ensure that the intent and purpose of this article are carried out.
[Added 4-2-2008 by L.L. No. 2-2008]
B.
Residential.
(1)
All residential PUD must have a minimum of 70% of the gross floor area in use for dwellings.
(2)
Base density is that permitted in original district.
(3)
To encourage developers to meet the objectives listed in § 178-52B, densities beyond the base density shall be permitted for the following items (these increases are additive to base, not compounded):
(a)
Common open space recreational improvements such as tennis courts, handball courts, playgrounds, bikeways, etc., are provided:
[1]
First acre of improved open space/20 acre of total: 8% increase.
[2]
First acre of unimproved open space/20 acre of total: 6% increase.
[3]
Second acre of improved open space/20 acre of total: 4% increase.
[4]
Second acre of unimproved open space/20 acre of total: 3% increase.
[5]
Each additional acre of improved open space/20 acre of total: 3% increase.
[6]
Each additional area of unimproved open space/20 acre of total: 1% increase.
(b)
The character, architectural and siting considerations taken by the developer shall be considered as justification for the following density increases, depending on whether or not they make a contribution toward meeting the PUD objectives.
[1]
Site design, landscaping and orientation of roadways that provide for an increase in solar access for passive or active solar heating and cooling systems: 10% increase.
[2]
Facilities incorporating active solar heating and cooling equipment: 5% increase.
[3]
Landscaping, streetscape, pedestrianway improvements, use of existing natural areas, new plantings: 5% increase.
[4]
Design features, harmonious use of architectural styles and materials, with variations of monotony: 5% increase.
[5]
Siting for best use of topography, physical features, wind and solar access, circulation, existing landscaping techniques such as clustering: 5% increase.
[6]
Provision of local commercial amenities: 5% increase.
(c)
The total allowable density increase shall not exceed that permitted in the R-3 District by right. Residential building height shall be no more than 35 feet on parcels of one acre or less and 40 feet on parcels greater than one acre.
[Amended 6-15-2005 by L.L. No. 1-2005]
(d)
The number of dwelling units may be increased from base density if:
[1]
Common open space recreational, improvements such as tennis courts, ice rinks, handball courts, etc., are provided. Allowable increase: 10%.
[2]
Provisions are made for low- and moderate-income programs under federal, state or local guidelines. Allowable increase: 10%.
[3]
Site design and orientation to protect solar access for heating and cooling systems is provided for and solar heating and cooling systems are incorporated in building designs. Allowable increase: 15%.
[4]
Distinctiveness integration and excellence in architectural and landscaping design is apparent. Allowable increase: 5%.
[5]
Provisions are made for preservation of natural features (i.e. bogs, stands of trees, ponds, areas of historical importance). Allowable increase: 5%.
(4)
All residential and mixed-use PUD shall contain a balance of housing types, including a minimum of two of the following:
[Added 4-2-2008 by L.L. No. 2-2008]
C.
Commercial.
(1)
A minimum of 60% of the gross floor areas shall be commercial in nature.
(2)
Vegetative screening and/or green areas shall separate PUD from adjacent residential areas.
(3)
A single commercial use or structure within a commercial planned development or mixed-use PUD shall not exceed 30,000 square feet of gross floor area.
[Added 4-2-2008 by L.L. No. 2-2008]
D.
Industrial.
(1)
A minimum of 60% of the gross floor area shall be industrial use.
(2)
Vegetative screening and/or green areas shall separate PUD from adjacent residential or commercial activities.
(3)
Minimum of one-hundred-acre tract.
(4)
A single industrial use or structure within an industrial planned development or mixed-use PUD shall not exceed 100,000 square feet of gross floor area.
[Added 4-2-2008 by L.L. No. 2-2008]
E.
Development standards.
[Added 4-2-2008 by L.L. No. 2-2008]
(1)
Environmental resources. Planned unit development design shall consider protection and preservation of the following resources: aquifer recharge areas, wetlands, woodlands, floodplains, significant natural habitats, waterways, steep slopes, productive agricultural lands and soils, scenic views, historic resources, landmarks, and other community assets.
(2)
Off-street parking and loading. In lieu of specific parking and loading space requirements, and in order to encourage variety in location, arrangement and sharing of parking by multiple uses in a PUD, the following standards apply:
(a)
Pedestrian connections shall be provided between parking areas and buildings along fully accessible paved walkways to the extent necessary to assure pedestrian safety and accessibility.
(b)
Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, maneuverability, vehicular and pedestrian access, and minimization of adverse impacts on adjoining properties from noise, glare, dust and odors.
(c)
Above-grade loading facilities shall be screened from public view and separated from pedestrians and private vehicles.
(d)
Parking and loading facilities shall take full advantage of site topography to provide separate levels of access and minimize site grading.
(e)
Off-street parking and loading space shall be provided to prevent overflow parking or standing vehicles onto public rights-of-way.
(f)
Except as otherwise stated above, Town parking requirements shall be met.
(3)
Landscaping and buffering.
(a)
Impervious ground surfaces such as buildings and parking areas shall be sufficiently landscaped to hold and carry stormwater runoff. Planted or grassed areas within parking lots must be not less than 5% of the total vehicular area in parking lots designed for 10 or more cars and shall be suitably distributed so as to relieve any unsightliness and visual monotony of parked vehicles.
(b)
Planned unit developments shall be so designed to maximize advantage of existing topography by utilizing natural contours to provide for water storage, control of runoff, protection of natural drainageways, economizing the construction of utilities, reducing the amount of grading and maximizing the conservation of trees and topsoil.
(c)
Natural features such as streams, rock outcrops, escarpments, wetlands, marshland and woodlands are to be protected and incorporated in open space areas and in the landscaping of the development.
(d)
Trees shall be planted adjacent to all residential units so as to provide no less than three trees of a minimum of two-and-one-half-inch caliper, measured six inches above the ground, per residential unit, including existing trees preserved on site. Trees shall be a suitable mix of deciduous and coniferous species to provide year-round benefit of appearance and of sufficient species variety to minimize the adverse impact of the spread of disease.
(e)
Visual and noise buffers, including decorative masonry walls and vegetative screening, shall be designed and maintained by the owner to serve their intended purpose.
(4)
Circulation.
(a)
Driveways and streets shall be connected to collector and arterial streets at locations where traffic can be controlled and operated effectively and safely with minimum interference to the capacity of public streets and other public rights-of-way.
(b)
Standards of design and construction for all roads to be dedicated to the Town shall meet all applicable Town standards unless modified as part of the site plan approval process.
(c)
Pedestrianways shall connect residential and mixed-use areas with other residential areas, community facilities, schools, recreation and open space areas, commercial areas and public transportation.
(5)
Utilities.
(a)
New public and private utilities and those relocated or replaced shall be generally underground.
(6)
Signs.
(a)
Freestanding signs in a PUD shall be limited to traffic and pedestrian control and for directional or way-finding purposes, including street signs and signs identifying the development.
(b)
Pole signs are prohibited.
(c)
One identification sign shall be permitted for each nonresidential use, not to exceed 20 square feet, not projecting more than 12 inches beyond the building or more than eight feet in height above grade.
(d)
Illuminated signs visible from public streets or adjoining properties shall be shielded, with lighting directed and maintained at such an illumination level so as to not adversely create glare or unsafe distraction.
(7)
Lighting.
(a)
All installed public and private outdoor lighting levels shall be in general compliance with the accepted illumination guidelines, standards and recommended practices established by the Illuminating Engineering Society of North America (IESNA).
(b)
Lighting of facilities, buildings, parking areas, signs, pedestrian walkways and public-use areas as well as for architectural, landscaping, decorative, recreation and/or safety reasons shall be integrated into the overall site design of the PUD consistent with IESNA-accepted standards and practices to prevent light trespass, glare and distraction on adjoining properties.
§ 178-55 Permitted uses.
A.
§ 178-56 Application procedures.
A.
Preapplication conference.
(1)
The interested party shall arrange through the Zoning Officer for an appearance before the Town Planning Board.
(2)
The meeting date shall be either a regular monthly Town Planning Board meeting or a special meeting called for the purpose. At this meeting all interested Town officials will be allowed to attend and listen to the presentation.
(3)
The applicant shall have sketch plans of the proposal ready at this meeting.
(4)
Following the conference, the Planning Board shall provide the applicant with written comments on the conference and recommendations to assist the applicant in further preparations.
B.
Application and preliminary development plan.
(1)
To be filed with the Town through the Zoning Officer.
(2)
To include:
§ 178-57 Review by Town Planning Board.
A.
Within five days of completion of application package, the Zoning Officer shall notify the Town Board and Town Planning Board.
B.
Within 45 days of notifications, the Town Planning Board will hold a public hearing on the application following five days' notification to adjacent property owners and newspaper.
D.
The Town Planning Board shall review the preliminary development plan and its related documents and shall render either a favorable report to the Town Board or an unfavorable report to the applicant.
[Added 4-2-2008 by L.L. No. 2-2008]
(1)
A favorable report shall be based on the following findings, which shall be included as part of the report:
(a)
The proposal is consistent with the Town’s Development Plan, the Route 281/13 Corridor Land Use and Aquifer Protection Plan, if applicable, Town Design Guidelines and other Town design and development policies.
(b)
The proposal meets the intent and objectives of planned unit development.
(d)
The proposal is conceptually sound, in that it meets local and area needs and conforms to accepted design principles relative to proposed roadways, pedestrian circulation, land use configurations, open space systems, drainage systems and scale of development internal and external to the PUD.
(e)
The proposal demonstrates that there are adequate services and utilities available or proposed to be made available to service the PUD.
(2)
An unfavorable report shall clearly state the reasons for its findings and, if appropriate, what needs to be accomplished by the applicant to receive a favorable report.
§ 178-58 Review by County Planning Board.
§ 178-59 Town Board Review.
A.
Within 30 days of receiving reports from the County and Town Planning Boards or after 45 days pass since the Planning Board public hearing, the Town Board shall schedule a public hearing and then make final review of application and preliminary development plan.
C.
If the Town Board acts against either County or Town Planning Board recommendations, it must do so with a majority plus one vote.
§ 178-60 Site plan review and subdivision review.
A.
Following Town Board approval, the preliminary plan and conditions become the basis for all future subdivision and site plan approvals.
B.
The Town Planning Board shall review and approve site plans but shall not permit substantial alteration of the approved preliminary development.
C.
The Town Planning Board shall consider site plan and subdivision review concurrently.
D.
For development in stages, a separate application for final site plan approval shall be made with each stage. Application shall be in conformance with approved schedule. Once a site plan and schedule of development has been approved, no future changes and amendments to this chapter shall affect development of future plats within the PUD district as long as they proceed as scheduled. However, if the Town Board determines that the schedule or other conditions of approval have been violated, amendments and revisions to this chapter will be binding on development.
E.
If an applicant chooses to stage the development, and has indicated so under § 178-56, then only those stages an applicant wishes to develop may be submitted for site plan approval in accordance with a staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged, and a staging plan must be developed. It is the intent of this requirement that individual stages of the PUD will have an integrity of uses in their own right so that, if for any reason the entire PUD would not be completed, those portions of the PUD already constructed will be an asset to the community. Staging plans must take account of this objective, and developers proposing individual stages that deviate significantly from the overall character of the PUD should present convincing evidence that such stage is in keeping with this subsection.
[Added 4-2-2008 by L.L. No. 2-2008]
F.
As a condition of final approval, the Town Board may require the posting of such performance guarantees as it deems necessary to insure the installation of necessary improvements. Performance guarantees shall be for a period to be determined by the Town Board. The amount of the performance guarantee may be reduced by the Town as portions of the required improvements have been completed.
[Added 4-2-2008 by L.L. No. 2-2008]
G.
Fees for applications for PUD districting and site plan approval shall be in accord with the procedure for fees adopted by the Town Board. Such fees shall be based on the size and complexity of the proposed development and shall be sufficient to cover costs of all required reviews, including those related to the review of environmental impacts, and the retention of professional assistance, if necessary.
[Added 4-2-2008 by L.L. No. 2-2008]
§ 178-61 Construction permits.
[Amended 12-16-2009 by L.L. No. 3-2009]
Following site plan approval, a copy of the final plan shall be provided to the Code Enforcement Officer, who shall issue building permits if projects conform to the plan.
§ 178-62 Reversion of land to original designation.
A.
If in the opinion of the Town Planning Board or the Code Enforcement Officer the developer fails to meet imposed conditions or does not adhere to development schedule, a report shall be filed with the Town Board and the developer notified.
[Amended 12-16-2009 by L.L. No. 3-2009]
B.
Within 45 days of notification, the Town Board shall require a response from the developer as to reasons for failure to comply.
C.
If there is no response or reasons are deemed insufficient, approval of the PUD shall be revoked and the land shall revert to original Zoning District designations and uses.
D.
The land will also revert to the original Zoning District designation and uses if the applicant fails to obtain final site plan approval from the Planning Board.