Dryden Town City Zoning Code
ARTICLE X
Planned Unit Development Districts
§ 270-10.1 Purpose.
A Planned Unit Development (PUD) is intended to provide for a variety of land uses planned and developed in a manner which will provide community designs that preserve critical environmental resources, provide open space amenities, incorporate creative design in the layout of buildings, green space and circulation of vehicles and pedestrians; assure compatibility with surrounding land uses and neighborhood character; and provide efficiency in the layout of highways, utilities, and other municipal facilities.
§ 270-10.2 Land use and development regulations.
A PUD District is a new zoning district that replaces part or all of an existing zoning district or districts. The development standards and land uses in an approved development plan shall be the zoning regulations, standards, and land uses in the PUD District. Upon approval of a development plan as herein provided, the Town of Dryden Zoning Map shall be revised to identify the area covered by each PUD District.
§ 270-10.3 Permitted types of PUD development.
A.
Within an approved PUD District, the following types of development are permitted:
(1)
Single-family dwellings with no increase in permitted density;
(2)
Single-family dwellings with an increase in otherwise permitted density;
(3)
Multifamily dwellings with or without single-family dwellings, and with or without an increase in otherwise permitted density;
(4)
Single-use nonresidential development, such as office buildings or commercial development;
(5)
Nonresidential uses combined with either single-family dwellings, multifamily dwellings, or both, with or without a change in otherwise permitted density.
B.
All uses listed in the concept plan and development plan applications must be a permitted or accessory use in one of the Town's zoning districts, except adult uses, which are restricted to the LIO-A District.
§ 270-10.4 Procedure for review and approval.
An application for a PUD District shall consist of a PUD concept plan and PUD development plan. A PUD Zoning District is established at the same time a PUD development plan is approved by the Town Board. This following procedure shall apply to the creation of a PUD District:
A.
Preapplication conference. Prior to submitting a PUD concept plan application, the applicant shall meet with the Planning Department to review the zoning regulations of the project area, review the procedure and discuss the proposed use and development of the project area. The applicant shall not be required to present any written or graphic materials at the preapplication conference, but a sketch plan is encouraged. The Planning Department shall furnish the application forms required for the concept plan and development plan approvals. The application forms shall require such information and submittals as may reasonably be required by this chapter and the Planning Department and shall be approved by the Town Board.
B.
Concept plan. A PUD concept plan and application for approval shall be submitted in accordance with the requirements of this Subsection B. The concept plan shall include:
(1)
A list of the uses for which PUD approval is requested and whether they are permitted uses or accessory uses in this chapter and the section of this chapter under which they are permitted.
(2)
Evidence of ownership or control of the PUD project area.
(3)
An accurate map of the project area including the relationship of the project area to the surrounding area, existing topography and key geographic, environmental and existing development features.
(4)
A written outline for the development plan and visual representations of the development concept. The outline of the development plan and visual representations shall include the following:
(a)
The planning objectives and the character of the proposed development and the approximate phases in which the development will be built;
(b)
A statement as to why the proposed development could not be considered outside of a PUD;
(c)
The approximate location and type of existing nearby developed areas, such as neighborhoods, villages and hamlet centers;
(d)
The number and type of dwelling units proposed, including the proposed density and the approximate location, arrangement, use and size of any nonresidential structures and all parking facilities;
(e)
The approximate proposed traffic and pedestrian circulation plan, including public highways, pedestrian and bike paths, and trails;
(f)
The approximate location of any proposed open space and any proposed community and municipal facilities, and any floodplain, wetlands or other areas designated for preservation as open space;
(g)
A statement describing how the development plan and proposed PUD will comply with the Town's Comprehensive Plan, and further the goals described in the Comprehensive Plan;
(h)
A statement or visual representation of how the development plan and PUD will relate to and be compatible with adjacent and existing neighborhoods;
(i)
Such other additional information as the Planning Department shall reasonably require in order to determine compliance with the requirements for a concept plan;
(j)
A Full Environmental Assessment Form (EAF);
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(k)
For projects proposing a greater density than otherwise permitted in the Zoning Law, a proposed amenity package consistent with the size and scope of the project including, but not limited to, the amenities described in § 270-8.2E(2).
(l)
For projects in Varna, a statement of how the proposed PUD is consistent with the Hamlet of Varna Community Development Plan.
C.
Procedure; approval and effect of approval of concept plan.
(1)
After the Planning Department determines that a concept plan is complete, it shall forward it to the Town Board for its initial review. The Town Board shall, within 60 days of receipt of the concept plan, by resolution, either reject the concept plan, refer the concept plan back to applicant with requested changes, modifications or clarification, or refer the concept plan to the Planning Board for its review and recommendations concerning the approval by the Town Board of the concept plan.
(2)
Once referred to the Planning Board, the Planning Board shall hold a public hearing on the concept plan prior to making its recommendation to the Town Board.
(3)
The Planning Board shall, within 60 days of its receipt of a concept plan, by resolution, make a written recommendation to the Town Board that the concept plan be approved as submitted, approved with modifications, changes or conditions; or rejected. Any such modifications, changes or conditions, and reasons for rejection shall be detailed in the recommendation. If the recommendation is to approve as submitted or to approve with modifications, changes or conditions, the recommendation shall also contain the Planning Board's comments on the full EAF.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Following the receipt of the recommendation of the Planning Board, the Town Board shall, within 60 days of such receipt of the recommendation of the Planning Board, determine by resolution whether or not to approve the concept plan and authorize the applicant to prepare and submit a development plan. The Town Board may reject the concept plan, approve the concept plan with modifications, changes or conditions, or approve the concept plan as presented. The approval of a concept plan with modifications, changes or conditions or as presented shall constitute an authorization for the applicant to prepare and submit a development plan as herein provided. No development plan may be submitted without such Town Board authorization.
(5)
Prior to the approval of a concept plan, the Town Board shall comply with SEQR.
(6)
A PUD district is not approved until the development plan has been approved by the Town Board following a public hearing as provided in Subsection E below.
(7)
All public hearings by the Planning Board and the Town Board shall be subject to the procedural and notice requirements of Town Law §§ 264 and 265. Since the approval of a development plan results in a new zoning district, the decision to approve a concept plan and development plan is a legislative action.
D.
Procedure; approval and effect of approval of development plan. An applicant shall submit a development plan for the PUD within 270 days of approval of the concept plan by the Town Board. The development plan shall be submitted in accordance with requirements set forth in this Subsection D.
(1)
Written documents.
(a)
If the development is to be built in phases, a development schedule indicating:
[1]
The approximate date when construction of the project can expect to begin;
[2]
The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;
[3]
Approximate date when the development of each stage will be completed;
[4]
The area and location of open space, community and municipal facilities, and preserved floodplains, wetlands, and other areas that will be provided at each stage.
(b)
Proposed instruments, including but not limited to development agreements, contracts, covenants, deed restrictions, easements and offers of dedication for public highways and municipal facilities and for the preservation and management of open space, floodplains, wetlands, and other areas.
(2)
Development plan and graphics with supporting maps:
(a)
Existing project area conditions including contours at five-foot intervals;
(b)
Proposed lot lines;
(c)
The location and size of floodplains, wetlands, and other areas, for which preservation measures will be adopted, and the location and size of any other areas to be conveyed, dedicated, or reserved for open spaces, public parks, recreation, schools, and similar public and semipublic uses;
(d)
The location, types, and density or intensity of each proposed use;
(e)
The floor area and height of all dwelling units and nonresidential structures and architectural drawings and sketches that illustrate the design and character of proposed structures.
(3)
Impact on municipal facilities. In its resolution authorizing the filing of a development plan, the Town Board may require such studies, reports or opinions, including an engineering study or report addressing the ability of the capacity of existing or proposed highways and other municipal facilities to serve the PUD including, but not limited to, a traffic impact study or other infrastructure capacity study. Such studies, reports or opinions required by the Town Board shall accompany the development plan in order to determine whether the development plan and the project will comply with the approved concept plan, the requirements of this chapter, and other applicable statutes, rules, regulations and ordinances, and whether the capacity of the existing or proposed highways and other municipal facilities are sufficient to serve the PUD.
(4)
When the Planning Department determines that the development plan is complete for review, it shall forward the development plan to the Planning Board for its review and recommendation. The Planning Board shall, within 60 days of its receipt of a development plan, by resolution, make a written recommendation to the Town Board that the development plan be approved as submitted, approved with modifications, changes or conditions, or rejected. Any modifications, changes or conditions, and reasons for rejection shall be detailed in the recommendation.
E.
Public hearing and decision.
(1)
The Town Board shall, within 60 days of the receipt of the recommendation of the Planning Board, hold a public hearing with respect to the approval of the development plan.
(2)
Approval or rejection of plan.
(a)
The Town Board shall, within 60 days of the close of the public hearing, approve or reject the development plan, or approve the development plan subject to conditions. Any approval or approval subject to conditions shall be based on the requirements of this chapter, the approved concept plan, the goals, policies, and guidelines of the Town's Comprehensive Plan and the Town's Commercial Development and Residential Development Design Guidelines.
(b)
The approval of the development plan by the Town Board shall constitute an amendment to the Zoning Law. The development plan shall establish the density and intensity of uses in the PUD District and the development plan shall become the PUD District regulations.
F.
Site plan review. All structures in a PUD District are subject to site plan review as provided in this chapter.
G.
Extension of time. All times for submittal, review, public hearings, recommendations and decisions may be extended by mutual agreement in writing by the applicant and the Town Board.
§ 270-10.5 Use of design guidelines.
A.
Except in Varna, all PUD development plans shall incorporate to the maximum extent feasible the Town of Dryden Commercial Development Design Guidelines and/or Residential Development Design Guidelines, as the case may be.
B.
In Varna, all PUD development plans shall comply with the Varna Design Guidelines and Landscape Standards.
§ 270-10.6 Minimum lot size and width.
There shall be no minimum requirements for lot area, lot width, lot coverage, yards and structure setback lines, or building height requirements in a PUD. All such lot dimensional requirements shall be governed by the approved development plan.
§ 270-10.7 Amendments to development plans.
The Town Board may approve minor amendments to a development plan without a public hearing. A minor amendment is an amendment required by a technical or engineering consideration first discovered during development that could not reasonably have been anticipated during the approval process. No such amendment shall be approved which would change a permitted use or lot dimensional requirement.
§ 270-10.8 Development in phases.
The Town Board may approve a development plan for a PUD District conditioned upon substantial completion of the development in phases as set forth in the development plan. If the PUD, or any phase of the PUD, has not been substantially completed according to the schedule in the development plan, development and construction of subsequent phases may be suspended or disapproved by resolution of the Town Board following a public hearing as herein provided.