Horseheads Town City Zoning Code
ARTICLE XIV
Planned Unit Development
§ 204-85 Intent and purpose.
The intent and purpose of this article is to set forth the procedure and conditions governing the establishment of Planned Unit Development Districts (PUD) in order to ensure the orderly and effective growth of the community, to introduce a degree of flexibility which will permit and encourage imaginative and innovative development and to protect the community interest. Such PUD shall consist of three or more acres.
§ 204-86 Preapplication conference.
Before submitting a request for a planned development, an applicant, at his or her option, may confer with the Planning Board, Code Enforcement Officer and Assessor to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data.
§ 204-87 Preliminary proposal.
An applicant shall submit his request for the establishment of a PUD to the Town Board in the form of a preliminary proposal which shall include:
An outline development plan showing:
The existing topographic character of the land.
Existing and proposed land uses and the approximate location of buildings. Unless otherwise recommended by the Planning Board, not less than 30% of the gross area of the PUD shall be devoted to open space, including adequate usable recreation areas.
The approximate location of streets.
Existing land uses adjacent to the proposed PUD.
An explanation of the character of the planned unit development, including the approximate density of dwelling units if housing accommodations are included. Unless otherwise recommended by the Planning Board, the overall gross density of any proposed residential development shall not exceed 10 dwelling units per acre except that mobile home parks shall not exceed a net density of eight units per acre, i.e., excluding streets.
A statement of proposed financing.
A statement of present ownership of all land included within the proposed development.
A general indication of the expected timetable for development.
A statement as to the present and future ownership of the property, the ultimate owner of the development and any proposed application for tax-exempt status.
Other elements integral to the proposed development as considered necessary by the Town Board and/or that may be recommended by the Town and County Planning Boards.
§ 204-88 Developer's conference. [1]
Upon receipt of the preliminary proposal, the Town Board shall forward the proposal to the Planning Board for recommendation. Within 62 days after submission of the preliminary proposal to the Planning Board, the Planning Board shall schedule a conference with the applicant for the purpose of reviewing the proposed PUD and, if approval seems warranted, establishing the conditions under which the applicant may proceed. For the purpose of the article, the submission date shall be taken as the first regular Planning Board meeting following the submission. If the applicant wishes to proceed he or she shall then submit to the Planning Board in written form a statement of intent to comply with the conditions as established.
§ 204-89 Approval of statement of intent.
Upon receipt of the applicant's statement of intent to comply with the required conditions, the Planning Board shall, within 62 days after receipt of recommendation from any political subdivision or agency to which the application has been referred, forward to the Town Board its recommendation of the establishment of the proposed PUD. Such recommendation shall include:
[Amended 10-4-1995 by L.L. No. 5-1995]
A statement as to the effect of the proposed PUD on the objectives of the Comprehensive Plan and the character of the neighborhood.
A statement of the conditions and covenants by which the applicant should abide in developing the proposed PUD.
The applicant's statement of intent of compliance with the required conditions.
A statement of the amount and type of performance guaranty which the developer should provide.
In the event that the Planning Board recommends that the PUD not be approved, such recommendation shall include a detailed explanation of the basis for the Planning Board's decision.
§ 204-90 Public hearing.
[Amended 10-4-1995 by L.L. No. 5-1995]
Upon receipt of the Planning Board's recommendation, the Town Board may schedule a joint public hearing with the Planning Board in accordance with the requirements of § 204-77C of this chapter, such hearing to be held not more than 62 days after receipt of the Planning Board's recommendation.
§ 204-91 Approval.
[Amended 10-4-1995 by L.L. No. 5-1995]
Within 62 days after the public hearing, the Town Board shall approve conditionally or disapprove the proposed PUD. Conditional approval shall be made for a period of six months, subject to review of the final development plan by the Planning Board and acceptance by the Town Board. If the PUD is conditionally approved, the Town Board shall amend the Zoning Map to show the location of the district.
§ 204-92 Final development plan.
Upon conditional approval by the Town Board, the applicant shall prepare a final development plan for submission to the Planning Board. Such submission shall include, in addition to those items required in the preliminary proposal:
Drawings showing:
Street systems and plot lines.
Areas proposed to be conveyed, dedicated or reserved for parks and open spaces if such areas are included as part of the PUD.
A plot plan showing the location of all buildings and improvements.
Elevations and materials to be used on all proposed improvements except single-family residences and their accessory buildings. Elevations shall be shown.
A landscaping and tree-planting plan.
A stormwater pollution prevention plan or an erosion and sediment control plan and drainage plan if an SWPPP is not required.
[Added 9-14-2005 by Res. No. 107-2005]
A written statement, including:
A development schedule, indicating:
The approximate date when construction of the project can be expected to begin.
The stages in which the project will be built, and the approximate date when construction of each stage can be expected to begin.
The anticipated rate of development.
The approximate date when the development of each of the stages in the development will be completed.
Proof of required performance guaranty.
Any additional drawings or statements which may be required by the Town Board or Planning Board.
§ 204-93 Review.
Within one year from the date of conditional approval by the Town Board, the proposed development shall be subject to review by the Planning Board. If a final development plan has not been submitted or substantial progress made toward the eventual completion of the project, the Planning Board may recommend to the Town Board that conditional approval of the PUD be revoked. In its discretion and for good cause, the Planning Board may recommend that conditional approval be extended. In any event, the PUD shall be subject to yearly review by the Planning Board and action by the Town Board until completion in accordance with the final development plan.
§ 204-94 Control of planned unit development following completion.
Upon completion of the project, the Planning Board shall issue a certificate certifying the completion of the PUD, and the Chairperson of the Planning Board shall note the issuance of the certificate on the recorded final development plan.
After the certificate of completion has been issued, no changes may be made in the PUD except upon application to the appropriate agency under the procedures provided below:
A building that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under Subsection B(3) of this Section.
Changes in the use of common open space may be authorized by an amendment to the final development plan under Subsection B(3) of this Section.
All other changes in the final development plan must be made by the Town Board, under the procedures authorized by this chapter for the amendment of the Zoning Map. No changes may be made in the final development plan unless they are required for the continued successful functioning of the PUD or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the community.
§ 204-95 Subdivisions of planned unit development.
All sections of a subdivided or resubdivided PUD are to be controlled by the final development plan rather than by the provisions of this chapter that otherwise would be applicable. The provisions of § 204-94 governing changes in the final development plan will apply.
The owners or lessees of a subdivided or resubdivided PUD may jointly make application under this chapter for a specially permitted use or for an amendment to the final development plan.