Harriman City Zoning Code
ARTICLE VI
Planned Unit Developments
§ 140-37 Authority of Planning Board.
§ 140-38 Purpose.
The purpose of a planned unit development is to permit the Village of Harriman to encourage the following:
A.
That variety and flexibility in land development for residential purposes and uses complementary thereto that are necessary to meet those changes in technology and demand that will be consistent with the best interests of the entire Village.
B.
The more efficient allocation and maintenance by private initiative of common open space adjacent to new residential areas.
C.
The more efficient use of those public facilities required in connection with new residential development.
§ 140-39 Permitted uses.
Uses permitted in a planned unit development may include and shall be limited to:
A.
Dwelling units in single-family detached dwellings, two-family dwellings, townhouses or multifamily structures or any combination thereof, and accessory site amenities, including but not limited to follies, gazebos, fountains and sculptures. The maximum number of multifamily units in any planned unit development shall be 50% of the total number of residential units in that development.
[Amended 11-13-2018 by L.L. No. 6-2018]
B.
Nonresidential uses shall be permitted including religious or cultural facilities, meeting space, and recreational and/or commercial uses subject to Subsection C below, to the extent that they are designed and intended to serve the residents of the planned unit development.
[Amended 11-13-2018 by L.L. No. 6-2018]
C.
Commercial uses, subject to the following regulations:
(1)
No commercial use, nor any building devoted primarily to a commercial use, shall be built or established prior to the residential buildings or uses it is designed or intended to serve.
(2)
Commercial uses shall be permitted only in planned unit developments which contain at least 100 dwelling units.
[Amended 11-13-2018 by L.L. No. 6-2018]
(3)
Total square footage per individual commercial use shall not exceed 20,000 square feet.
[Amended 11-13-2018 by L.L. No. 6-2018]
(4)
Commercial uses shall include personal service businesses, offices, and retail uses.
[Amended 11-13-2018 by L.L. No. 6-2018]
§ 140-40 Regulations.
[Amended 11-13-2018 by L.L. No. 6-2018]
Application to the Planning Board for a planned unit development may be made only if the tract of land proposed to be developed as a planned unit development will contain at least 50 or more dwelling units, which tract is under the ownership of a single owner or entity and is in accord with the requirements of this section of this chapter.
A.
All dwelling units and accessory recreation and commercial uses in the planned unit development shall be served with central water and central sewerage systems.
B.
The maximum number of dwelling units that may be approved in a planned unit development shall be computed by subtracting from the total gross area a fixed percentage of 20% of said area and dividing the remaining 80% of said gross area by the minimum land areas required under in Column 2, "Minimum Land Area per Dwelling Unit," of the table in Subsection F below for the permitted residential uses proposed in the planned unit development. In computing the maximum number of lots that may be created, any lands which are subject to flooding, occupied by public utility easements in such a manner as to prevent their use and development, proposed to be used for religious or cultural institutions or proposed to be used for commercial purposes shall not be considered to be part of the total gross area.
C.
Setbacks, as required by the Schedule of District Regulations,[1] shall apply to the outer boundary of the PUD. Individual buildings shall be set back from all internal roads, other than alleys and service drives providing access to residential units, a minimum of 10 feet from the edge of pavement but not within any right-of-way, and building separation shall meet applicable New York State building codes.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
E.
The Planning Board may limit the number of dwelling units to be constructed during any one calendar year to a reasonable number in accordance with available community facilities. Said number of dwelling units shall be detailed as part of the Planning Board's approval in order to control the growth of the community to the extent that public facilities, such as roads, schools, utilities, etc., will not be adversely affected to the extent that substantial damage will occur to these facilities or that they will not be capable of serving the public in an adequate manner.
F.
All requirements of the following schedule of regulations must be adhered to by the developer of a planned unit development:
Dwelling Type | Minimum Land Area per Dwelling Unit (square feet) | Minimum Recreation Area per Dwelling Unit (square feet) |
|---|---|---|
Single-family detached | 10,000 | 2,000 |
Single-family attached/townhouse | 4,000 | 1,000 |
Two-family | 5,000 | 1,000 |
Multifamily | 3,000 | 750 |
G.
At least 20% of the gross area of the planned unit development shall be devoted to common, usable open space. In such an area, both active and passive recreational uses shall be permitted, including golf courses, ballfields, tennis and basketball courts, pools, wooded areas, walking trails and picnic groves. All recreation facilities shall be owned by either the Village of Harriman or by a homeowners' association set up by the developer and controlled ultimately and in perpetuity by the residents.
H.
In reviewing a planned unit development, the Planning Board shall consider the following items before approval is granted:
(1)
The structures should blend into the overall development of the areas surrounding the planned unit development. A unified architectural design shall be presented to the Planning Board for the entire PUD.
(2)
Interior roads, other than alleys and service drives providing access to residential units, shall maintain a minimum pavement width of 30 feet where parking is permitted on one side of the road and a minimum of 22 feet of pavement shall be maintained where on-street parking is prohibited and shall comply with New York State/ICC fire codes; road widths shall be a minimum of 26 feet (exclusive of shoulders) where a fire hydrant is located in accordance with New York State/ICC fire codes; ingress and egress to the development shall not create traffic hazards; and pedestrian and vehicular traffic shall be separated to the maximum extent possible.
(3)
The planned unit development shall be in proximity to major existing traffic arteries, such as state or county roads, which are capable of accepting the additional traffic generated by a planned unit development.
(4)
Utilities, drainage, sanitary sewers, water, etc., shall be adequate to accept the proposed development.
(5)
Off-street parking shall be provided as required by the Schedule of District Regulations.[2] Up to 10% of the total parking requirement may be land-banked. The area of land-banked parking must be shown on the site plan and rough-graded until such time as it may be needed. Stormwater management and landscaping must be designed to accommodate the full build-out of the area. The Building Inspector may require any land-banked parking to be constructed within 12 months of written notice to the property owner.
[2]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
(6)
The planned unit development shall be landscaped throughout.
§ 140-41 Open space.
A planned unit development shall be organized as either a homes association approved by the Village Attorney and Village Board or the common open space of the planned unit development shall be deeded to the Village for public purposes simultaneously with the granting of final subdivision approval.
A.
Whenever a homes association is proposed, the Village Board shall retain the right to review and approve the articles of incorporation and the Charter of said homes association and to require whatever conditions are deemed necessary to ensure that the intent and purpose of this chapter is carried out. The homes association of the planned unit development shall meet, in part, the following conditions:
(1)
A homes association shall be established as an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner is automatically a member of the association as stated in the deed for each lot of the planned unit development.
(2)
Title to all common property, exclusive of land set aside for public schools, shall be placed in the name of the homes association.
(3)
Once established, all responsibility for operation and maintenance of the common land and facilities shall be with the homes association.
(4)
Resubdivision of common areas is prohibited, and the deeds shall be so drawn.
(5)
The homes association shall be perpetual, shall purchase insurance, shall pay taxes, shall specify in its Charter and bylaws an annual homeowner's fee and provision for assessments and shall establish that all such charges become a lien on each property in favor of 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 shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction.
(6)
The developer shall assume all responsibility for the homes association as previously outlined until a majority of the dwelling sites are sold or rented, at which time the homes association shall be automatically established.
(7)
Prior to the issuance of site plan approval by the Planning Board, the developer shall file a performance bond with the Village Board to insure the proper installation of all recreation and park improvements shown on the site plan and a maintenance bond to insure the proper maintenance of all common lands until the homes association is established.[1]
[1]
Editor's Note: Former Subsection B, regarding common open space of a planned unit development that is deeded to the Village for public purposes, which immediately followed this subsection, was repealed 11-13-2018 by L.L. No. 6-2018.