Fallsburg Town City Zoning Code
ARTICLE XV
Planned Unit Development Districts
§ 310-15.1 Purpose and objective.
This article permits the establishment of a use classification entitled "Planned Unit Development" (PUD), with the following objectives:
A.
Creation of a more desirable community environment than would be possible through strict application of zoning regulations found elsewhere in this chapter.
B.
Innovation and variety in the type and design of residential development, providing a wide choice of living environment, occupancy tenure, and housing cost.
C.
Open space allocation and maintenance by private initiative as an integral part of residential development.
D.
Efficient use of a site to facilitate adequate and economical construction and maintenance of streets and drainage facilities, and water supply and sewage systems.
E.
Preservation and enhancement of community natural resources such as water bodies, wetlands, forests, significant topographic and geologic features, and other areas of scenic and ecological value.
§ 310-15.2 Site area, location, and requirements.
A.
The minimum site area for a planned unit development shall be 25 contiguous acres. A PUD may be located within any zoning district in the Town. The PUD shall be a special use in all districts and shall require Planning Board review and approval of a site plan.
B.
Not less than 35% of the gross area of a PUD District shall be devoted to common open space. Such land is to be owned or controlled jointly by all residential property owners within the PUD District and is to be used for recreational purposes or preserved in its natural state. The common open space shall include lands having significant ecological, aesthetic, and recreational characteristics, with topography, shape, dimension, location, access, and improvements suitable for its intended purpose.
C.
Only buildings and structures approved by the Planning Board on a site plan may be built.
§ 310-15.3 Special permitted uses.
A.
Residential. May be any type, including related accessory uses as provided elsewhere in this chapter.
B.
Nonresidential. May be allowed, or required, where such uses are designed to service primarily the residents of the PUD District.
§ 310-15.4 Intensity of uses.
The applicant must initially submit a conventional subdivision plan, using all current regulations and restrictions, including § 310-5.4, Environmental constraints, of this chapter, to the Planning Board to be used in calculating the maximum number of units allowable, less any land required for nonresidential land uses. Under no circumstances shall the number of units approved in the PUD be in excess of this number. The maximum number of dwelling units shall not be approved if in the judgment of the Planning Board the site plan does not indicate adequate design and management of open space areas according to the following criteria:
A.
Provision of recreation facilities;
B.
Protection or enhancement of wildlife habitats;
C.
Protection of surface water quality; and
D.
Protection or enhancement of scenic quality.
§ 310-15.5 Other zoning regulations.
With the exception of minimum lot areas, lot widths, side yards, building heights, front yards, and rear yards, the PUD shall comply with all other provisions of this chapter as well as subdivision plat approval.
§ 310-15.6 Utilities.
All uses situated in a PUD shall be served by public or private water, gas and sewer systems. All water, sewer, and gas lines, power, telephone, cable and other communication services shall be installed underground in compliance with state and local regulations.
§ 310-15.7 Ownership.
A.
The land proposed for a PUD may be owned, leased or controlled by an individual, corporation, or by a group of individuals or corporations. All applications shall be filed by the entire ownership entity and shall be binding on them.
B.
Restrictions and covenants shall be established and filed of record prior to conveyance of any lots.
§ 310-15.8 Organization.
A.
Organization of a planned unit development.
(1)
The PUD shall be organized as a homeowners' association which must be approved by the Town Board, the State Attorney General, the Federal Housing Administration and any other required entity for mortgage insurance as a planned unit development.
(2)
The Town Board shall review and approve the articles of incorporation and the charter of said homeowners' association to ensure that the purpose and objectives of this legislation are carried out.
B.
Requirements of a homeowners' association. The homeowners' association must:
(1)
Be established as an incorporated nonprofit organization operating under recorded land agreements through which each lot owner or homeowner and any succeeding owner is automatically a member, and each lot owner or homeowner is automatically subject to a charge as provided in the charter of the homeowners' association.
(2)
Title to all common property, exclusive of land set aside for public schools, shall be placed in the homeowners' association, or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time to be determined by the Planning Board.
(3)
Each lot owner shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common property.
(4)
Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the homeowners' association.
(5)
Dedication of all common land areas shall be recorded directly in the site plan or subdivision plat, or shall be referenced on the plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall:
(a)
Save the title to the common property to the homeowners' association free of any cloud of implied public dedication;
(b)
Commit the developer to convey the areas to the homeowners' association at the approved time to be determined by the Planning Board;
(c)
Grant easements of enjoyment over the area to the lot owners or homeowners;
(d)
Give the homeowners' association the right to borrow for improvements upon the security of the common areas; and
(e)
Give the homeowners' association the right to suspend membership rights for nonpayment of assessment or infraction of published rules.
(6)
The homeowners' association's life shall be perpetual, and it shall purchase insurances, shall pay taxes, shall specify in its charter and by-laws an annual homeowner's fee and provision for assessments, and shall establish that all such charges become a lien on each property in favor or said association. The association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it also shall have the right to commence action against any member for the collection of any unpaid assessments in any court of competent jurisdiction.
(7)
The developer shall assume all responsibilities as previously outlined for the homeowners' association (HOA) until a majority of the dwelling sites or units are sold, at which time the HOA shall be established automatically.
C.
Deeds. Each deed to each lot sold shall include by reference all recorded declarations, such as covenants, dedications, and other restrictions (including assessments and the provisions for liens for nonpayment of such).
§ 310-15.9 Special provisions.
A.
Prior to site plan approval, the developer shall file with the Planning Board a performance bond to ensure the proper installation of all park, recreation and common area improvements shown on the site plan, and a maintenance bond to ensure proper maintenance of all common lands until the homeowners' association is established. The amount and period of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execution, and surety shall be approved by the Town Attorney and the Planning Board. The Planning Board may require an escrow account be established to remediate any condition during construction that is determined to be detrimental to public health, safety or welfare.
B.
Nothing contained in this section shall relieve the owner or his agent, or the developer of a proposed planned unit development from complying with subdivision plat approval in accordance with Chapter 260, Subdivision of Land.
§ 310-15.10 Approval of PUD.
A.
An applicant proposing a PUD must come before the Planning Board with a preliminary plat detailing the proposed development. Said preliminary plat shall be in sufficient detail and at a sufficient scale to allow the Planning Board to determine whether the project may progress further.
B.
If the Planning Board determines a project meets the purposes and objectives enumerated earlier in this article, the applicant shall be instructed to prepare a site plan in accordance with site plan review provisions of this chapter. Said site plan shall include areas within which buildings and structures are proposed to be located, the height and spacing of buildings, open spaces and landscaping, off-street parking, open and enclosed parking spaces, drawings and any other physical features relevant to the proposed plan.
C.
When the Planning Board receives the site plan, it shall forward a copy of said site plan and all information and correspondence regarding the project to the Town Board for its review. The Town Board shall review the project simultaneously with the Planning Board.
D.
A public hearing for site plan approval and for a zoning change approval shall be held within 62 days of receipt of a complete site plan. Said hearings may be held simultaneously if the Town so wishes.
E.
Within 62 days after the public hearing, the Planning Board shall act to approve or disapprove the site plan. If the Board approves the site plan, it shall forward a recommendation for a zoning change approval to the Town Board. The Town Board shall then act to approve or disapprove the zoning change to create a PUD via a resolution. Such action shall have the effect only of granting permission for development of the specific proposal, in accordance with this chapter within the area so designated, with the specification, plans and elevations submitted.
F.
Nonresidential uses may be allowed, or required, where such uses are designed to service the residents of the PUD.