Esopus City Zoning Code
ARTICLE XI
Planned Unit Development
§ 123-52 Intent and objectives.
A.
Intent.
(1)
The regulations and procedures in this section have been developed because it is not always possible to determine in advance the exact location, type, standards and mixture of all uses which may benefit the Town and its residents. This is particularly true of large, mixed or otherwise complex uses which are planned and developed as a unit, which are self-contained and which occupy sites of sufficient size to provide adequate separation from adjacent uses and properties, where applicable. Therefore, it is the primary objective of this article to provide procedures so that the Town may consider whether specific development proposals, which meet the general standards established herein, conform to the objectives of the Comprehensive Plan for the Town, will benefit the general welfare of the community and could not be equally as well located in another zoning district already designated on the Zoning Map for the proposed use.
(2)
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 that are already substantially developed, these controls may restrict and inhibit the flexible techniques of land development contained in the planned unit development (PUD) concept. Further, it is recognized that a rigid set of bulk and use specifications would frustrate the application of this concept. Thus, where PUD techniques are deemed appropriate through the rezoning of land to a planned unit development district by the Town Board, the area and bulk requirements specified elsewhere in this chapter are hereby replaced by an approval process in which the approved plan becomes the basis for continuing land use controls.
B.
Objectives. In order to carry out the intent of this article, a PUD shall achieve the following objectives, where applicable.
(1)
A maximum choice in the types of environment, occupancy, tenure, types of housing, lot sizes and community facilities available to existing and potential Town residents at all economic levels.
(2)
More flexibility in the location and design of single use and residential/nonresidential mixed-uses which are compatible in applicable zoning districts.
(3)
The preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion.
(4)
A creative use of land and related physical development which allows an orderly transition between lands of differing characteristics.
(5)
An efficient use of land resulting in smaller networks of utilities and streets than would otherwise develop.
(6)
A development pattern in harmony with the objectives of the Town of Esopus Comprehensive Plan.
(7)
A development pattern that is in harmony with adjacent or nearby agricultural operations.
(8)
Enhance integration of vehicular, pedestrian, and bicycling infrastructure and transit services.
§ 123-53 General requirements for planned unit development.
Any development considered as a PUD shall conform to the following standards, which shall be regarded as minimum requirements, in addition to all applicable standards in other sections of this article.
A.
Minimum area. The minimum area required for a Planned Unit Development District shall be not less than five contiguous acres.
B.
Ownership. The tract of land for a PUD must be owned, leased or controlled by a single person, partnership or a corporation. Any approvals or conditions imposed shall be binding on all future owners or tenants as well.
C.
Location of PUD Districts. The PUD District shall be restricted to those areas of the Town which can be served by approved sewer and water systems, either on-site or a municipal system.
D.
Permitted uses. All uses within an area designated as a PUD District shall be governed by the provisions of this section and the plans, standards and conditions specifically approved for the project concerned. Permitted uses may include any one or a combination of the following:
(1)
Residential uses. Residences may be of any type or combination of types, including but not limited to single-family dwellings, two-family dwellings, townhouses or apartments. A variety of building types, styles and designs are encouraged so as to create a balanced community.
(2)
Nonresidential uses. Nonresidential uses may be permitted in combination with residential uses. Consideration shall be given to the location, scale and setting of the project in determining the appropriateness of such uses and their location and design within the PUD.
(3)
Customary accessory or associated uses. Accessory uses, such as private garages, storage places, recreational and community activities, churches and schools, shall also be permitted as appropriate to the PUD.
E.
Intensity of land use.
(1)
Density. Because land is used more efficiently in a PUD, environmental quality can often be preserved with a greater number of dwelling units per gross site area than is usually permitted in traditionally zoned districts. The Town Board shall determine in each case the appropriate land use intensity and/or dwelling unit densities 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. The removal of constrained land, as defined in this chapter, shall not be required to calculate potential residential density.
(2)
Size of initial development stage. The initial stage of any PUD approved under these regulations shall create a viable development unit by itself in terms of site planning elements, infrastructure design and financial resources.
F.
Common property and open space.
(1)
Common property and open space. Common property in a PUD is 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 in a PUD shall be combined and described as a single deeded parcel of land. Common property may be in public or private ownership. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance as such common property and facilities, including private streets, drives, service and parking areas and recreation and open space areas.
(2)
Open space.
(a)
Except as otherwise permitted in Subsection F(2)(c) below, at least 20% of the gross site area in a PUD shall be set aside as open space and shall remain and be maintained open in perpetuity. Open space does not include roads, parking areas, other paved areas, utility rights-of-way, drainage channels or any other open areas with a dimension of less than 200 feet at its smallest dimension. No more than 1/4 of such open space may comprise land under water. Such open space shall not be disposed of for any future development.
(b)
The ownership of open space land created as part of a PUD shall be approved by the Town Board upon the advice of the Town Attorney. 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 chapter are carried out.
(c)
If the subject property and proposed development do not reasonably permit a set aside of open space meeting the requirements of this section, the Town Board may waive said requirement in place of two or more public benefit projects.
G.
Public benefits. Applicants shall provide one or more of the following public benefits towards justification of the proposed project, for the purposes of offsetting any identified adverse impacts associated with the proposed project as applicable, and in place of an open space set aside in accordance with this section if proposed by the applicant.
(1)
Acquisition and/or construction of a new Town park or recreational facility.
(2)
Improvements or rehabilitations to existing Town parks or recreational facilities, with a preference for projects and improvements recommended in the Comprehensive Plan, Esopus Riverfront Access and Connections Study, LWRP, or other applicable reports, studies and projects.
(3)
Creation of active and passive recreation to include greenways, sidewalks, and other pedestrian/bicycle circulation networks that serve to connect significant areas and various land uses, with a preference for projects and improvements recommended in Subsection G(2) above.
(4)
Infrastructure improvements, including but not limited to utility extensions that provide additional connection opportunities to other potential users when deemed appropriate and compatible by the Town Board and where a need has been demonstrated.
(5)
Additional projects that will be provide an obvious public benefit for the Town of Esopus and approved by the Town Board.
H.
(Reserved for future Town of Esopus workforce housing requirements.)
§ 123-54 Application procedure and approval process.
A.
General. Whenever any PUD is proposed, before any permit for the erection of a permanent building in such planned unit development shall be granted and before any subdivision plan of any part thereof may be filed in the office of the County Clerk, the developer or his authorized agent shall apply for and secure approval of such PUD in accordance with the following procedures set forth below. The 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 shall be binding on all owners.
B.
Town Board sketch plan.
(1)
Initial Town Board review.
(a)
The owner of the land (or agent thereof, hereafter referred to as the "owner" or "applicant") shall apply, in writing, to the Town Board for a change in district to a PUD, said application to include seven copies of a sketch plan and narrative as per this section, and seven copies of a completed environmental assessment form (EAF) Part 1. The application shall be submitted a minimum of two weeks in advance of the next Town Board meeting.
(b)
The Town Board shall determine, based on the sketch plan application, if the proposed project merits further review. However, if the Town Board determines that the application does not merit further review, it shall notify the applicant, shall not refer the application to the Planning Board, and no further action of the application shall be taken. If the Town Board determines that the application does merit Planning Board review, the application, plus an additional 12 copies of the sketch plan and narrative as per this section and 12 copies of the completed EAF Part 1 shall be submitted to the Planning Board by the applicant.
(2)
Sketch plan application. The sketch plan shall be to scale and shall clearly show the following information:
(a)
The location and distribution of the various uses and their areas in square feet and acres.
(b)
The layout of the interior roadway system and all existing and proposed rights-of-way and easements, whether public or private; the location and general design of parking and loading areas; access and egress locations.
(c)
The location, height and use of all buildings, plus a calculation of the residential density in dwelling units per gross acre (total area including interior roadways) for each use type and for each subarea or section. The projected cost, sales price and rent levels shall be described.
(d)
The location, function and size of recreation and open space systems and buffer areas.
(e)
The overall drainage system; watercourses; wetlands; wooded areas; fences, walls, rock outcroppings, flood hazard areas and similar physical features.
(f)
A topographic map showing contour intervals of not more than five feet of elevation, along with an overlay outlining areas where grades exceed 15%, and portions of the site having a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding.
(g)
Location and preliminary design of sewage disposal and water supply systems.
(h)
A location map showing uses, ownership and general physical features of adjacent lands within 2,500 feet of the site and analysis of the impact on water supply, sewage disposal and surface drainage of such properties.
(3)
Additional documentation. The following documentation shall accompany the sketch plan:
(a)
Project narrative. A narrative description of the proposed project addressing its scope of operation, purpose, justification and impact on the immediate area of influence and the Town in general (e.g., school, traffic generation, population, utilities, cultural facilities, aesthetics and land use compatibility) and shall include the following as applicable:
[1]
Address of site (street and number, Tax Map block and section).
[2]
Name of applicant/owner.
[3]
Type of proposed tenant/business.
[4]
Site zoning.
[5]
Description of existing site and use.
[6]
Description of proposed site development and use.
[7]
Description of the proposed open space set aside and public benefit project(s).
[8]
Description of compliance with the workforce housing requirements pursuant to this chapter.
[9]
Proposed gross floor area and/or residential units.
[10]
Building heights.
[11]
Number of employees.
[12]
Hours and days of operation.
[13]
Proposed number of parking spaces.
[14]
Site coverage statistics (building coverage, paved areas, green area, by percentage of site and square footage).
[15]
Impact on adjoining property including, but not limited to, noise, visual, drainage, other.
[16]
Anticipated impact on public services (quantify and discuss impacts), including, but not limited to, fire and protective services, traffic, sewer, water, solid waste.
[17]
Anticipated impacts on schools and cultural facilities.
[18]
Storage and disposal of chemicals used (solvents, soaps, etc.).
[19]
A general statement as to how common open space is to be owned and maintained.
[20]
If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan shall show the intended total project.
[21]
Evidence of any sort on the applicant's own behalf demonstrating their competence to carry out the plan and awareness of the scope of such a project, both physical and financial.
[22]
Any other information the Planning Board may deem necessary for its review of the project.
(4)
Town Board determination of merit to proceed.
(a)
The Town Board will review the sketch plan application at the next regularly scheduled Town Board meeting and determine if sufficient information has been provided to determine whether or not the application has merit for further consideration.
(b)
Within 45 days of receiving a sketch plan application deemed complete, the Town Board shall determine whether or not the application has merit for further consideration.
(c)
The Town Board shall review the sketch plan application and make a determination of merit according to the following criteria:
[1]
The proposal meets the purposes of this chapter, along with the intent, objectives and applicable requirements of this article.
[2]
The proposal conforms to the Comprehensive Plan and, if applicable, the Local Waterfront Revitalization Program.
[3]
The proposal meets local and regional needs.
[4]
The proposal meets any additional criteria the Town Board considers relevant.
(5)
The Town Board retains absolute discretion to approve a PUD and reserves the right to refuse to entertain an application for any reason. If the Town Board determines that the application does not merit review, it shall provide said determination in writing to the applicant and no further action on the application shall be taken. The applicant may submit a revised sketch plan application for consideration.
(6)
Upon acceptance for consideration of the application for a PUD, the Town Board shall make an initial SEQRA determination and establish lead agency.
C.
Planning Board review. If the Town Board determines the proposed project has merit to proceed, 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 within 90 days of receipt of all necessary application materials. The Planning Board may require additional changes to the sketch plan as are deemed reasonably necessary to protect the established or permitted uses in the vicinity and to promote the orderly growth and the sound development of the Town pursuant to this article. The Planning Board may, at its option, hold a public hearing prior to its action to collect additional information towards making their decision.
(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 goals and policies contained in the Town's Comprehensive Plan and, if applicable, the Local Waterfront Revitalization Program.
(b)
The proposal meets the intent and objectives of this article.
(d)
The proposal is conceptually sound in that it meets local and area-wide needs and it conforms to accepted design principals in the proposed roadway and pedestrian system, land use configuration, open space system, drainage system and scale of the elements, both absolutely and to one another.
(e)
There are adequate services and utilities available or proposed to be made available in the construction of the development.
(2)
Unfavorable report.
(a)
An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what modifications might be considered in order to receive a favorable report.
(b)
If the Planning Board issues an unfavorable report, the applicant may appeal said unfavorable report to the Town Board. The Town Board may, upon a vote of not less than 4/5 of all Town Board members and after adoption of a resolution fully setting forth the reasons for such contrary action, will allow the proposal to proceed to the formal Town Board PUD application review process.
D.
Formal Town Board PUD application review.
(1)
Upon receipt of a favorable report from the Planning Board, or after a successful appeal by the applicant, the Town Board shall initiate the review procedures for the purpose of considering designation of a PUD District for the applicant's plan in accordance with the procedures established under § 123-50 of this chapter.
(2)
Any application for creation of a PUD shall be considered a Type 1 action under State Environmental Quality Review Act (SEQR) and prior to holding a public hearing, the Town Board shall render a determination of environmental significance in accord with the procedures of the SEQR. If such a determination requires that a draft environmental impact statement (DEIS) be submitted and circulated, said DEIS shall be prepared in accord with the standards and procedures of the State Environmental Quality Review (SEQR) Act (6 NYCRR Part 617). All procedures under SEQR shall be completed prior to the Town Board's action on the application.
E.
Action by the Town Board.
(1)
The Town Board may grant approval of the application and designate the PUD District, as requested, upon a finding that the objectives set forth in § 123-52 will be achieved and that, based on review of potential environmental effects, the proposal minimizes or avoids adverse environmental impacts to the maximum extent practicable.
(2)
The Town Board shall disapprove the application if it finds that, in its opinion, the objectives of § 123-52 will not be achieved or that adverse environmental impacts are not minimized or avoided to the maximum extent practicable.
(3)
If the Town Board grants the application for a PUD District, 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 resolution any additional conditions or requirements upon which the approval shall be contingent. 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, protection of natural and/or historic sites, other such physical or social demands, provision of satisfactory surety to guarantee that essential public and private utilities and facilities are completed in accord with the approved plan and time limits for various phases of development. The Town Board shall state at this time its findings with respect to the land use intensity or dwelling unit density as called for in § 123-53E above.
§ 123-55 Site plan approval process for Town Board designated district.
A.
Application to the Planning Board. Upon Town Board designation of the PUD, the applicant shall submit an application for site plan approval to the Planning Board and which shall be accompanied by the following information prepared by a licensed engineer, architect and/or landscape architect:
B.
County Planning Board review. Upon receipt of the application for site plan approval, the Planning Board shall refer said application to the County Planning Board for its report in accord with § 239-m of the General Municipal Law.
C.
Review considerations. In addition to the objectives set forth in § 123-77, the Planning Board shall consider the following factors during its review of the site plan:
(1)
Adequacy and arrangement of traffic access and circulation, including intersection design, road widths, channelization structures and traffic controls.
(2)
Adequacy and arrangement of pedestrian access and circulation, including separation of pedestrian from vehicular traffic, control of intersections with vehicular traffic and pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
Location, arrangement, size and design of buildings, lighting and signs.
(5)
Relationship of the various uses to one another and their relative scale.
(6)
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.
(7)
Adequacy and distribution of usable open space for playgrounds and informal recreation.
(8)
Adequacy of stormwater, water supply and sanitary waste disposal facilities, including impact on adjacent properties and systems.
(9)
Adequacy of structures, roadways and landscaping areas with moderate to high susceptibility to flooding, ponding and/or erosion.
(10)
Protection of adjacent properties against glare, unsightliness or other objectionable features.
(11)
Overall environmental impact.
(12)
Conformance with other specific charges of the Town Board which may have been stated in the zoning resolution.
D.
Planning Board action.
(1)
The Planning Board shall set a public hearing date within 60 days of receipt of a complete application. It shall render a decision within 90 days of the hearing and notify the applicant and the Town Board of its decision.
(2)
The Planning Board's decision may include recommendations as to desirable revisions to be incorporated in the site plan, which 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 approved in the zoning proceedings.
(3)
If the site plan is disapproved, the Planning Board's statement shall contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission of the site plan to the Planning Board after it has been revised or redesigned.
(4)
No modification of existing storm channels, filling of lands with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with moderate to high susceptibility to erosion or excavation for and construction of site improvements shall begin until the developer has received site plan approval. Failure to comply shall be construed as a violation of this chapter.
(5)
All roads, drainage easements, and rights-of-ways shall be constructed by the applicant and shall be in accordance with the Town's building code and subdivision regulations and be offered without costs to the Town for public use.
E.
Request for changes in sketch plan. If, during site plan development, it becomes apparent that certain elements of the sketch plan, as it has been approved by the Town Board, are unfeasible and in need of significant modification, the applicant shall then present his solution to the Planning Board. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the site plan shall be considered as disapproved. The developer may then, if they wish, produce another site plan in conformance with the approved sketch plan. 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 finding that the project should be continued as modified. Site plan approval may then be given only with the consent of the Town Board.
F.
Staging. If an applicant wishes to stage their development, and they have so indicated as per § 123-54, then they may submit only those stages they wish to develop for site plan approval in accordance with their 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 regulation 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 by themselves. 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 a stage is indeed in keeping with this section.
§ 123-56 Additional regulations.
A.
Regulation after initial construction and occupancy. For the purpose of regulating development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as a special permit request to the Planning Board. Use changes shall also be in the form of a request for special permit except that Town Board approval shall be required. It shall be noted, however, that properties lying in Planned Unit Development Districts are unique and shall be so considered by the Planning Board or Town Board when evaluating these requests; and maintenance of the intent and function of the planned unit shall be of primary importance.
B.
Site plan review and subdivision approval. Site plan review under the provisions of this article shall suffice for Planning Board review of subdivisions under Chapter 107, Subdivision of Land, subject to the following conditions:
(1)
The developer shall prepare sets of subdivision plans suitable for filing with the office of the Ulster County Clerk in addition to those drawings required above.
(2)
The developer shall plat the entire development as a subdivision; however, PUDs being developed in stages may be platted and filed in the same stages.
C.
Performance guaranties. As a condition of final approval of a request for PUD zoning, the Town Board may require the posting of such performance guaranties as it deems necessary to insure the installation of necessary improvements. Said performance guaranty shall be for a period to be determined by the Town Board. The amount of the performance guaranty may be reduced by the Town as portions of the required improvements have been completed.
D.
Fees. Fees for applications for PUD districting and site plan approval shall be in accord with a schedule for fees adopted by the Town Board as set forth in § 123-31. 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.
§ 123-57 Reversion.
In the event that a building permit has not been issued for any building construction within a designated PUD within a period of five years and a day following the grant of final site plan approval, as set forth in § 123-55, or any extension of site plan approval, the PUD zoning designation shall be rendered null and void. In such event, the lands within the PUD District shall revert to the original zoning districts that existed prior to the PUD designation, and this reversion shall be noted on the Official Zoning Map of the Town.