(a)

Purpose and goals. The purpose of planned unit development (PUD) districts is to use the authority granted by Village Law, § 7-703-a and Municipal Home Rule Law to promote flexibility in development in order to better achieve community goals and to promote consistency with the comprehensive plan.

The village board of trustees hereby finds that when coordinated with the comprehensive plan, planned unit development is an effective tool for guiding development in ways that support the community's goals and priorities. Planned unit development, among other things, provides a means by which different land uses within an area covered by a single development plan may be combined to achieve compatibility among such uses. Unattainable with traditional municipal zoning techniques, planned unit development provides flexibility in the regulation of land use development in order to: (a) encourage innovation in land use variety and design, in the layout and type of new structures and in their integration with existing structures; (b) enhance efficiency in the use of land, natural resources, energy, community services, and utilities; (c) encourage open space preservation and protection of natural resources, historic sites, and structures; (d) facilitate the provision of housing and improved residential environments; and/or (e) enhance the ability of the village to promote business and employment opportunities.

The procedures herein established are intended to substitute procedural protections and substantive regulations in recognition of the fact that traditional density, bulk, spacing, and use regulations, which are useful in the majority of instances, may impose inappropriate pre-regulations and rigidities upon the development or redevelopment of parcels or areas which lend themselves to an individual, planned approach.

(b)

Authority. The village zoning map may be amended from time to time, by local law duly enacted by the village board of trustees, to provide for planned unit development (PUD) districts.

The provisions of this article establish special procedures for amending the village code and zoning map to permit the mapping of planned unit development districts and should be read in conjunction with those articles establishing district regulations.

(c)

Definitions.

Planned unit development. A site upon which residential, commercial, industrial, or other land uses or any combination thereof may be authorized in a flexible manner so as to achieve the goals of or be consistent with the comprehensive plan and encourage innovation in development.

Planned unit development district. An independent, freestanding, overlay or floating zoning district, wherein the zoning regulations need not be uniform for each class or type of land use, but where the use of land shall be in accordance with a preliminary planned unit development plan approved by the village board of trustees. A planned unit development district is a special type of floating overlay district that does not appear on the village zoning map until a planned unit development district designation is requested and a project is approved. When a planned unit development district designation is applied, the standards are those developed that are specifically tailed to the planned unit development project, as reviewed and approved pursuant to this article.

Preliminary planned unit development plan. A proposal for a planned unit development prepared in a manner prescribed by this article showing the layout of the proposed project, including, but not limited to, maps, plans, or drawings relating to proposed land uses, approximate location and dimensions of buildings, all proposed facilities, including preliminary plans and profiles, at suitable scale and in such detail as is required by local regulation; architectural features, lot sizes, setbacks, height limits, buffers, screening, open space areas, lighting, signage, landscaping, parking and loading, traffic circulation, protection of natural resources, public or private amenities, adjacent land uses and physical features, and such other elements as are required by this article.

Preliminary planned unit development plan approval. The approval with conditions, if any, of the layout of a proposed planned unit development as set forth in a preliminary plan and the simultaneous amendment of the zoning law by the village board of trustees to create and map a planned unit development district encompassing the preliminary planned unit development plan, subject to the approval of the final planned unit development plan pursuant to the provisions of this article.

Final planned unit development plan. An approved preliminary planned unit development plan prepared at such additional detail and showing information as is required by this article, and the modification, if any, required by the village board of trustees at the time of approval of the preliminary planned unit development plan, if such preliminary plan has been so approved.

Final planned unit development plan approval. The signing of a final plan by a duly authorized officer of the village pursuant to a resolution granting final approval of the plan or after conditions, if any, specified in said resolution granting conditional approval of the plan are completed. Such final approval qualifies the plan for filing in the office of the village clerk and as provided herein and in the office of the county clerk as necessary.

(d)

General regulations.

(1)

A planned unit development district may be mapped on the zoning map by the adoption of a local law by the village board of trustees, simultaneously with approval of a preliminary planned unit development plan.

(2)

In planned unit development districts, land and buildings may be used for any lawful purposes, as determined by the village board of trustees in the course of its review of the applicable preliminary and final planned unit development plans, and subject to the limitations and procedures of this article. No building or structure shall be erected, nor shall any land, building, or structure be used in any planned unit development district until approval of a final planned unit development plan is issued by the village board of trustees. No uses, buildings, or structures which deviate from the approved final planned unit development plan or are inconsistent with the comprehensive plan or the community character shall be allowed. The approval of a final planned unit development plan establishes the zoning regulations for the subject property, and building permits shall not be issued unless in conformity with the final planned unit development plan.

(3)

Unless waived by the village board of trustees, a planned unit development district shall be comprised of at least one acre.

(4)

One of the village's primary goals in authorizing planned unit development is the preservation of open space. For residential development, twenty (20) percent of the site shall be used as open space. For commercial or mixed-use development, the preservation of open space is an important goal, with the particular requirements determined in the evaluation of the preliminary planned unit development plan. Open space may include walkways, plazas, landscaped areas, and recreation areas. Parking areas and vehicle access facilities shall not be considered in calculating open space.

(5)

The applicant shall provide for and establish a perpetual organization for the ownership and maintenance of any common property in the planned unit development district. Such organization, which shall be established prior to any permits being issued, shall not dispose of any common property by sale or otherwise except to dedicate such property to the village for public use, but nothing in this code shall require such dedication nor require the village to accept any dedication of land.

(6)

At the time of application, preliminary planned unit development plan approval, and final planned unit development plan approval, through the completion of construction of all improvements, ownership and/or control of the development shall be in the hands of one entity, except that for each phase, if a project is done in phases, properties may be sold for completed phases, provided single control shall be maintained over each phase until the final planned unit development plan is approved and construction completed.

(7)

Compliance with the New York State Environmental Quality Review Act ("SEQRA"). During its review and prior to the approval of a preliminary planned unit development plan pursuant to this article, the village board of trustees shall comply with the provisions of SEQRA.

(8)

Coordination with subdivision regulations and site plan requirements.

a.

Subdivision review. If the applicant proposes the sale of lots as part of the planned unit development, the subdivision review will be carried out simultaneously with the review of the preliminary planned unit development plan, and the subdivision review conducted in any planned unit development district shall be conducted by the village board of trustees.

b.

Preliminary and final plats. The plans required under this article must be submitted in a form that will satisfy, when applicable, subdivision requirements for preliminary and final plats.

c.

Flexibility of subdivision standards. The village board of trustees may approve projects varying from the village's subdivision requirements as part of a planned development plan without the planned development plan obtaining variances from the zoning board of appeals.

d.

Where all or part of a planned unit development would otherwise require site plan approval, the final planned unit development plan shall serve as the site plan, and no further compliance with the village site plan regulations is required.

(9)

Management agreement or homeowners' association. In the event there is more than a single owner of the premises within the planned unit development district (other than the owners of leasehold interests), no lot or dwelling unit in the planned unit development district shall be sold, rented, or issued a certificate of occupancy unless a corporation, association, property owners' group or similar entity has been formed with the right to assess all those properties which are jointly owned with interests in the common areas and facilities in the development to meet the expenses of such entity, and with authority to control, and the duty to maintain all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants and restrictions which shall include compulsory membership of all owners of lots and/or dwelling units, and flexibility of assessments to meet changing costs of maintenance, repairs and services. If there is no common ownership of facilities and areas available for use by all tenants, the single fee owner shall be required to satisfy this requirement by the recording of covenants placing the obligations upon the owner of the common property or other entity. The applicant shall submit evidence of compliance with this requirement, including the written notice of said agreement or association to be provided to renters or purchasers, prior to making any such sale or rental.

(10)

Initial applications may be submitted for preliminary planned unit development plan approval or final planned unit development plan approval. If preliminary planned unit development plan approval is granted, final planned unit development plan approval may be requested in phases.

(L.L. No. 4-2014, § 1, 2-18-14)

(a)

Application requirements. Applications for preliminary planned unit development plan approval shall include:

(1)

Name of applicant(s) and address of the site (street and number, tax map block and section).

(2)

Full environmental assessment form, part 1.

(3)

Boundary and topographical survey of the property by a licensed engineer or land surveyor.

(4)

A vicinity map at approximately one inch equals one thousand feet or five hundred feet (1" = 1,000' or 500'), along with a site-specific data list that includes: site address, acreage (net and gross), current zoning, existing land uses, and proposed land uses.

(5)

A proposed site plan at a standard scale, showing intended site development and uses, all public and private streets, proposed structures and improvements, parking areas, open space, drainage improvements, and recreational features.

(6)

Typical lot layouts showing house, garage, and driveway configurations, to scale, demonstrating proposed setbacks for the proposed project.

(7)

A grading plan.

(8)

Sample elevations and details of all proposed dwelling units, commercial buildings, fencing and screening walls, waterfront improvements, recreational improvements; street furniture and dumpster areas; all proposed signage and entrance treatments, (to scale, with dimension call-outs and proposed materials); and details of all proposed landscaping and lighting.

(9)

A traffic impact analysis to indicate the trip generations from the project and any potential impacts that may occur on the surrounding road network. The analysis should discuss any possible mitigation measures that may be required. The traffic analysis should also demonstrate that adequate parking shall be provided and shall be in general conformance with the parking regulations provided for in other sections of the village code, unless changes are warranted by the particular characteristics of the proposed planned unit development plan. Adequate additional parking space for guests, customers, the handicapped, recreational vehicles, and other common storage and/or parking uses shall be demonstrated. Upon review of the impact analysis, the village board of trustees may require that a traffic impact study be performed with the scope of the report to be determined by the village board of trustees and its engineering consultant.

(10)

Proposed number of buildings, dwelling units, and gross floor area of buildings.

(11)

A stormwater management analysis that describes the existing runoff and hydrology of the project site and the impacts of the proposed project. The analysis should contain a description of how the runoff will be collected, treated and controlled in accordance with local and state requirements. Emphasis should be placed on the reuse of stormwater on site for irrigation and other uses of green infrastructure. Upon review of the impact analysis, the village board of trustees may require a stormwater management report containing, as a minimum, hydraulic computations, analysis and mitigation measures; additional scope of the report to be determined by the village board of trustees and its engineering consultant.

(12)

Proposed front, side, and back yard setbacks, and building heights.

(13)

Design requirements including requirements for streets, alleys, streetscape, public open space, setbacks, build-to lines, access points, parking and buffering.

(14)

Number of employees.

(15)

Proposed public utilities concept plan, including water supply, wastewater disposal and storm drainage facilities to be constructed.

(16)

Site coverage statistics (building coverage, paved areas, green area, by percentage of site and square footage).

(17)

Identification of which services, amenities, streets, and utilities will be public or private.

(18)

Anticipated impact on services (quantify and discuss impacts): traffic, sewer, water, solid waste.

(19)

Storage and disposal method of chemicals used (solvents, soaps, etc.).

(20)

A schedule for the completion of buildings, public and private facilities and site improvements.

(21)

Management agreement or homeowners' association required by this article and/or proposed restrictive covenants.

(22)

Any other information that the planning board or village board of trustees may deem necessary for their review of the project.

(b)

Preliminary planned unit development plan review procedures. The procedure for the review of a preliminary planned unit development plan shall be as follows:

(1)

Applicants may request a pre-application meeting with village officials to review proposed planned unit development concept plans.

(2)

The owner of the land (or agent thereof, hereafter referred to as the "owner") shall apply in writing to the village board of trustees for a rezoning to create a planned unit development district and preliminary planned unit development approval. Said application shall include fourteen (14) copies of the application materials described in subsection (a). One copy, and all supplemental material received, shall be kept in the village clerk's office for public review.

(3)

Upon confirmation from the village clerk that all fees have been paid, the village board and its advisers shall review the application for completeness, and if complete, or upon receiving the additional information necessary to make the application complete, refer the application to the planning board for review. The village board of trustees may, at the time of initial review, determine within its sole discretion that the proposed planned unit development plan is not in accordance with the goals and plans of the village or otherwise not in the public interest, and deny the application without further review.

(4)

If applicable, a full copy of the application materials, including a copy of the application and EAF, shall be forwarded to the Erie County Department of Environment and Planning in accordance with the general municipal law.

(5)

The planning board shall review the application with the owner to determine if it meets the standards of this article. The planning board may recommend amendments to the preliminary planned unit development plan as are deemed reasonably necessary to protect natural resources, limit impacts, protect the established or permitted uses in the vicinity and to promote the orderly growth and sound development of the village.

(6)

In making its recommendation on the proposed development and changes, if any, the planning board shall consider the following factors:

a.

The need for the proposed land use in the proposed location.

b.

The existing character of the neighborhood in which the uses will be located.

c.

The pedestrian circulation and open space in relation to structures.

d.

The traffic circulation features within the site and the amount, location and access to automobile parking areas; the impact of the proposal on existing transportation systems.

e.

The adequacy of the proposed public/private utilities, including water supply, sewage treatment and stormwater drainage facilities.

f.

The height and bulk of buildings and their relation to other structures in the vicinity.

g.

The proposed location, type and size of display signs, driveways and/or loading zones and landscaping.

h.

The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.

i.

Impacts on the neighborhood, including preservation of resources, open space, and recreational activities.

j.

Economic benefits and costs.

k.

Such other matters as the planning board may consider pertinent.

(7)

As part of the preliminary planned unit development review, the village board of trustees shall prepare a proposed local law for the creation of a planned unit development district. The proposed local law shall follow the format of a model law provided by the village board of trustees, and any recommendations of the planning board may then be incorporated into the proposed local law by the village board of trustees.

(8)

The planning board shall recommend approval, approval with modifications or conditions, or disapproval of the application, and shall make its recommendation to the village board of trustees within sixty-two (62) days after referral to the planning board, unless mutually extended by the applicant and the planning board.

(9)

The village board of trustees shall hold a public hearing on the proposed rezoning (draft local law) and preliminary planned unit development plan with public notice as provided by law as in the case of an amendment to a zoning law. The village board of trustees, in reaching its decision on the proposal, should consider the standards of this section, and any other factors it deems reasonable.

(10)

Upon receipt of the planning board's recommendation, or sixty-two (62) days after referring the application to the planning board, whichever is later, the village board of trustees may act on the application by approving, approving with conditions, or disapproving the application. The village board of trustees may attach to its approval any additional conditions or requirements it feels are necessary to fully protect the public health, safety, and welfare of the community.

(11)

Any conditions imposed by the village board of trustees shall run with the land and shall not lapse or be waived as a result of any subsequent change in the tenancy or ownership of any or all of said area.

(12)

If the village board of trustees denies the application, it shall state its reasons in writing.

(13)

If after one year from date of a preliminary planned unit development plan approval a final planned unit development plan approval has not been received, or if after one year from date of a final planned unit development plan approval substantial site work has not begun, the approvals given under the terms of this local law shall terminate. The land shall remain zoned as a planned unit development district until removed by subsequent adoption of a local law by the village board of trustees, but no building permits may be issued or construction activity occur until a new or amended final planned unit development plan approval is approved pursuant to the provisions of this article. However, the applicant may, for valid reasons, request an extension of time from the village board of trustees from these deadlines, which may be granted in the sole discretion of the village board of trustees.

(14)

Final planned unit development plans and issuance of permits.

(15)

Final planned unit development plans. Any final planned unit development plans shall be in substantial conformance with the preliminary planned unit development plans. Prior to the issuance of any permits for the erection or enlargement of any buildings within an planned unit development district, final precise site and elevation plans for all buildings and landscaping within the district or approved phase of the development, shall be submitted to and approved by the village board of trustees. If the initial application for approval of a preliminary planned unit development plan included final precise plans for the complete development, as provided in this subsection (c), building permits may be issued in accordance with those plans. In connection with the review of final planned unit development plans, deviations in any of the conditions previously established may be authorized pursuant to the provisions of this subsection (c).

(16)

Final planned unit development plan approval. If the preliminary planned unit development plan did not include all details, or if the applicant wishes to construct in phases or to modify the preliminary planned unit development plan, including modifying conditions, final planned unit development plans, with all required detail, shall be submitted, including:

a.

Engineering plans showing how the site is to be serviced with sewer, water, well, and/or septic systems (as approved during the preliminary planned unit development plan stage).

b.

Lighting plans.

c.

Final drainage and stormwater retention and detention plans.

d.

Road plans, including curbs and gutters, on-site/off-site signalization, acceleration, deceleration lanes, etc.

e.

Sidewalk, paths, and cycle trails.

f.

Landscape plans showing the type and location of plant material, berms, and other aesthetic treatments.

g.

Any deviations from the preliminary planned unit development plan approval.

(17)

Final planned unit development plans shall be submitted to the village board of trustees. If the proposed final planned unit development plan deviates, in the village board of trustees' determination, significantly from the preliminary planned unit development plan (for example, changes in traffic patterns, increases in density, changes in the height of buildings, reductions of proposed open space, changes in total bedroom counts of more than five (5) percent, changes in bedroom mixes of more than five (5) percent, changes in the development schedule, changes in road standards, changes in the final governing agreements, provisions, or covenants, or increased impacts on natural features, etc.), the village board of trustees may elect to treat the proposed final planned unit development plan as an amended preliminary planned unit development plan, and restart the planning board review and public input process and reconsideration of a new preliminary and/or final planned unit development plan, or relevant portion thereof.

(18)

Permits. Except as approved by the village board of trustees, no permit shall be issued for grading, or for the erection, enlargement, or maintenance of buildings or structures in a planned unit development district, and no person shall perform any such development or construction work, except in full compliance with the final development plans approved as herein provided.

(L.L. No. 4-2014, § 1, 2-18-14)

(a)

A nonrefundable fee, as determined by the village board of trustees by resolution, as set forth on the village's fee schedule, shall be paid to the village upon each application.

The applicant shall also be responsible for reasonable expenses (legal, engineering, etc.) incurred by the village in reviewing the application. The applicant will enter into an escrow agreement with the village to provide for the payment of these expenses prior to the village reviewing the application.

(L.L. No. 4-2014, § 1, 2-18-14)