Gates City Zoning Code
ARTICLE XXII
PUD Planned Unit Development District
§ 190-116 Purpose.
It is the purpose of this PUD District to provide flexible land use and design regulations through the use of performance criteria so that small- to large-scale neighborhoods or portions thereof can be developed within the Town that incorporate a variety of residential types and nonresidential uses, and which may contain both individual building sites and common property which are planned and developed as a unit. Where PUD is deemed appropriate through the rezoning of land to a PUD District by the Town Board, the set of use and dimensional specifications elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls. The PUD District shall be applicable to the area of the Town designated for such use in the Town's Comprehensive Plan.
§ 190-117 Permitted uses.
The following uses are permitted in the PUD District:
§ 190-118 Dimensional requirements.
A.
Lot area. The minimum lot area per project shall be 50 acres. Where the applicant can demonstrate that his holdings will meet the objectives of this district, the Planning Board may consider sites with less acreage.
B.
Lot width and depth. There shall be no lot width and depth requirements; however, generally, the depth to width ratio, where such is determinable, should not be greater than 3 to 1.
C.
Setbacks.
(2)
Side and rear setbacks. Side and rear setbacks shall only apply to dwellings nearest the exterior project boundaries, unless otherwise required by the Planning or Town Board, and shall meet the requirements for such yards stated elsewhere in this chapter for the respective type of dwelling unit or structure.
E.
The Planning Board shall set the maximum building lot coverage in the PUD Residential Zone.
[Added 5-6-2019 by L.L. No. 1-2019]
§ 190-119 Off-street parking and loading requirements.
Off-street parking and loading areas shall be provided as listed in Article IV.
§ 190-120 Signs.
Signs are permitted as listed in Article V.
§ 190-121 Fences, hedges, berms and screen plantings.
Fences, hedges, berms and screen plantings are permitted or, alternatively, shall be required as listed in Article VI.
§ 190-122 Special provisions.
A.
In order to carry out the purpose of this district, a PUD shall achieve the following objectives:
(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)
Usable open space and recreation areas.
(3)
More convenience in location of accessory commercial and service areas.
(4)
The preservation of trees, outstanding natural topography and geologic features and the prevention of soil erosion.
(5)
A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses.
(6)
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs.
(7)
A development pattern in harmony with the objectives of the Comprehensive Plan.
(8)
A more desirable environment than would be possible through the strict application of other provisions of this chapter.
B.
The tract of land for a project may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An 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.
C.
The rezoning of any property to PUD shall be done in accordance with the rezoning procedures established in Article XXX.
D.
The Town Board shall determine, in each case, the appropriate land use intensity and dwelling unit density for individual projects and shall consider any recommendation on the same from the Planning Board. 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.
E.
When common property exists, the ownership of such property may be either public or private. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas.
F.
Site plan review under the provisions of Article XXXIII shall suffice for Planning Board review of subdivisions under the Town Subdivision Ordinance,[1] subject to the following conditions:
(1)
The developer shall prepare sets of subdivision plats suitable for filing with the Monroe County Clerk in addition to those drawings required above.
(2)
The developer shall plat the entire development as a subdivision; however, PUD's being developed in stages my be platted and filed in the same stages.
G.
For the purposes of regulating development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as a conditional use request to the Board of Appeals. Use changes shall also be in the form of a request for conditional use, except that Town Board approval shall be required. Properties lying in a PUD District are unique and shall be 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.
H.
The development shall be served by public sanitary sewers.
§ 190-123 Financial responsibility.
No building permit shall be issued for construction within a PUD District until improvements are installed or a letter of credit is posted in accordance with the same procedures as provided for in § 277 of the Town Law, relating to subdivisions, and as elsewhere required in this or other ordinances of the Town of Gates. Other such requirements may also be established from time to time by the Town Board.