Lysander City Zoning Code
ARTICLE XVI
Planned Unit Development District
§ 320-35 Purpose.
A.
Planned Unit Development Districts are designed to encourage and facilitate the construction of more efficient and desirable suburban development than can be accomplished within the framework of conventional zoning categories. They will permit the development of urban areas which will foster a sense of community among their residents. Development at a large scale is most conducive to a design that will accomplish this purpose because it provides opportunities for integral development. Through a diversity of compatible land uses, such an integrated development plan will give the project area a distinctive visual character and identity. To assist in accomplishing this purpose, developers of a planned unit development will be permitted the maximum freedom in design; however, extensive environmental review and general project plan definitions will be required along with detailed site plans will be subject to intensive review by the Town Planning Board to assure the projects' compatibility with adjacent development, the general neighborhood and the Town as a whole. In a Planned Unit Development District, conventional zoning restrictions will be included and reviewed during the general project plan review process to ensure that purposes set forth above are met.
B.
Upon the Town Board receiving an application for a planned unit development zone change request or additional land uses within the existing general project plan for a planned unit development, the general project plan shall be referred to the Town Planning Board for review and comment prior to any action being taken by the Town Board.
§ 320-36 District regulations.
Once lands have been zoned by the Town Board as a Planned Unit Development District, the set of use and dimensional specifications, the latter of which applies to the placement of structures on the land, elsewhere in this chapter shall be replaced in Planned Unit Development Districts by an approval process in which the approved general project plan including its land use maps becomes the basis for continuing land use controls, provided further that, in Planned Unit Development Districts, all structures and uses shall be subject to the following regulations.
A.
Minimum area. No land shall be designated for a Planned Unit Development District if it is too small, too narrow in width, too irregular in shape or with too excessive topography to be planned and developed in a manner consistent with acceptable land use practices. Under normal circumstances, the minimum area required to qualify for a Planned Unit Development District shall be 50 contiguous acres of land. The Planning Board may recommend the waiver of these minimum areas to the Town Board if the Planning Board finds the proposed general project plan to be in accord with the Town of Lysander Comprehensive Land Use Plan.
B.
Permitted uses include all applicable land uses as defined in the general project plan which are in accordance with the Town of Lysander Comprehensive Land Use Plan.
C.
Density of development.
(1)
The Planning Board shall recommend to the Town Board the maximum residential density permitted for the residential portions of the Planned Unit Development District as a whole at the time of general project plan and related land use maps approval. Such residential portions of the Planned Unit Development District may include those open spaces or portions thereof which serve them. The permitted maximum residential density for such areas shall not exceed four dwelling units per acre.
(2)
The Planning Board may approve the general project plan for a portion of the total planned unit development which proposes areas of higher residential density than the permitted maximum, provided that the overall density would not be increased beyond the specified maximum.
D.
Open space. In every planned unit development, a minimum of 50% of the total area of the tract shall be provided as open space in the general project plan and land use maps In a planned unit development, "open space" is that outdoor property not occupied by structures, roads or service areas and set aside in whole or in part to preserve the natural scenic beauty or openness of the area or for recreational use and enjoyment by the owners and residents of the planned unit development so as to enhance the present or potential value of the remaining lands in the planned unit development. "Developed open space" is that open space which contains such structures, improvements and/or landscaping as are necessary and appropriate for the benefit and enjoyment of the owners and residents of the planned unit development in their active and passive recreational purposes. Vehicular parking areas may be considered as developed open space for the purposes of this chapter.
E.
Common property. "Common property" in a planned unit development is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which is shared in common by the owners and residents of the development. When common property exists, the ownership of such common property shall be private. Where common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities.
F.
Ownership. The tract of land for a planned unit development may be owned, leased or controlled either by a single person, a corporation or by a group of individuals or corporations. An application must be filed by the owner or his designee or jointly by the owners or their designees of all property included in the tract. In the case of multiple ownership, the general project plan shall be binding on all owners.
§ 320-37 Application procedure.
A.
General. The fact that an application complies with all of the specific requirements set forth herein shall not be deemed to create a presumption that the proposed development would result in a more efficient and desirable development than could be accomplished by the use of conventional zoning categories nor that it would result in compatibility with the surrounding development nor shall such compliance, by itself, be sufficient to require the approval of the general project plan, the site plan or the granting of the zoning amendment to create a planned unit development. Such a zone change request shall be reviewed and recommended or rejected by the Planning Board for action by the Town Board on a finding that the application is or is not consistent with the Town of Lysander Comprehensive Land Use Plan.
B.
Application for planned unit development approval. In order for the Planning Board and the applicant to reach an understanding on basic design requirements, the applicant shall submit a plan of his proposal to the Planning Board (the general project plan and associated land use maps). Such a plan shall be to scale and shall be supplied in such form and quantity as the Planning Board may require and shall include the following information in addition to any other information which the applicant deems necessary to support his application:
(1)
The principal physical characteristics of the site, including an analysis of the soils and subsoils, the location of major stands of trees, streams, floodplains and rock outcroppings.
(2)
The topography of the site with contour intervals of not more than five feet of elevation; areas of the site where grades exceed 3%; portions of the site with a moderate-to-high susceptibility to erosion, flooding or ponding; and a preliminary grading plan with five-foot contour intervals. (In large-scale developments, only the grading plan of the first stage will be required at this time.)
(3)
An analysis of the relationship of the site to the surrounding community, including significant parcels of vacant land and the character of nearby built-up areas.
(4)
The principal ties to the community at large with respect to transportation, circulation, water supply, sewage disposal and other pertinent public utilities.
(5)
A general description of the availability of other community facilities such as schools, fire protection and cultural facilities, if any, and some indication of how these needs are to be accommodated.
(6)
The proposed general project plan and associated land use maps indicating the location, numbers and types of dwelling units in each residential area; business and/or industrial areas; parks, playgrounds, recreational structures and facilities; open spaces; common property; and all other uses; the major and minor circulation pattern with all existing rights-of-way and easements, parking areas and pedestrianways. In large-scale staged developments, the requirements would be as follows: the proposed land use plan showing generally the location and size of all major land uses, including residential (indicating numbers and types of dwelling units), business and industrial areas, parks, playfields and other major recreational and open space uses, schools and other sites of major community facilities, major vehicular and pedestrian circulation systems and all other major physical elements.
(7)
A generalized landscaping plan or, in the case of large-scale staged developments, a narrative description of the landscape plan along with typical plans for landscaping representative areas.
(8)
A plan for the major drainage system prepared by an engineer licensed in the State of New York.
C.
Review of general project plan and associated land use maps by Planning Board.
(1)
The Planning Board shall review the general project plan and associated land use maps and its related documents and shall render its report within 62 days of the date when all of the necessary application material has been presented. The Planning Board shall hold public hearings on the general project plan and associated land use maps to assist it in the preparation of its report. If no report has been rendered within 62 days, unless such time limit has been extended by formal action of the Planning Board, which action shall be submitted in writing to the applicant, the report shall be deemed to be favorable, and the Town Board shall be so informed.
(2)
A favorable report shall be based on the following findings which shall be included as part of the report:
(a)
The proposal implements the goals and policies expressed in the Town's Comprehensive Land Use Plan.
(b)
The proposal meets all the general purposes of this chapter.
(c)
The proposal represents a creative approach to the use of land through innovation and flexibility.
(d)
The proposal is conceptually sound in that it meets a community need and it conforms to accepted design standards of the proposed roadway system, land use configuration, open space system and drainage system.
(e)
There are adequate services and utilities available or proposed to be made available in the construction of the development.
(3)
An unfavorable report shall state clearly, in writing, the reasons therefor and, if appropriate, point out to the applicant what might be necessary to receive a favorable report.
D.
Application for planned unit development districting.
(1)
Upon receipt of a report from the Planning Board, the Town Board may then consider the application for the Planned Unit Development District as any other application for amendment of this chapter and may establish a date for the conduct of a public hearing on such an amendment as provided by law.
(2)
The Town Board shall take action upon the application for redistricting within 62 days immediately following the Planning Board review and issuance of a report. Action taken by the Town Board shall be in writing and shall state clearly the reasons therefor.
E.
Zoning for planned unit development. If the Town Board grants the redistricting to the Planned Unit Development District, the Zoning Map shall be so amended. Such requirements may include, but need not be limited to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, vehicular and pedestrian circulation systems, availability of sites within the area for necessary public services such as schools, firehouses and libraries, protection of natural and/or historic sites and other physical or social demands.
F.
Site plan submission. In an area designated as a Plan Unit Development District, a detailed site plan and subdivision plat must be approved by the Planning Board prior to the issuance of a building permit or, in the case of a publicly sponsored development, prior to commencement of construction. The site plan and subdivision plat for all or a portion of the Planned Unit Development District shall be consistent with the general project plan and associated land use maps. It shall show:
(1)
All of the information normally required in the submission of a preliminary subdivision plan.
(2)
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
(3)
The proposed location, coverage and use of all buildings other than single-family dwellings and industrial structures. If a building is a multiple-family dwelling, the number of dwelling units classified by the number of bedrooms.
(4)
All roads, streets, parking areas and pedestrianways.
(5)
The existing topography and final grading plan at contour intervals of not more than two feet.
(6)
The proposed landscaping, lighting, signing and screening plans and the sites of all public or private common areas, including schools, parks, playgrounds and other community facilities, identifying land to be dedicated to public use.
(7)
If the application is for one stage of the total development, the manner in which this stage is related to past and future stages and to the entire development.
(8)
A plan showing parking facilities, areas of open space, density and common areas.
(9)
Any other information required by the Planning Board to evaluate the consistency of the detailed site plan with the approved development plan.
G.
Site plan review. Upon review by the Planning Board of the detailed site plan, it shall determine:
(1)
Whether the detailed site plan is consistent with and carries out the intent of the general project plan and associate land use maps as approved.
(2)
Whether, in the opinion of the Planning Board, the arrangements for the ownership and maintenance of the common land are workable and will result in the permanent preservation of such land for its indicated use.
(3)
Whether, if the application involves less than the total area of the planned unit development, the development proposed under the site plan could exist by itself as a unit capable of sustaining an environment of continuing quality and stability consistent with the development plan.
H.
Site plan approval. Within 62 days of the receipt of a complete application for site plan approval, the Planning Board shall approve, with or without modifications, or disapprove the site plan by resolution. Said sixty-two-day period may be extended for one additional period of 62 days by resolution of the Planning Board upon a finding that additional time or information is necessary to complete review of the application. Any additional extensions past 124 days shall require the consent of both the applicant and the Planning Board. Upon approving an application, the Chairperson shall endorse the Planning Board's approval on a copy of the site plan and advise the Code Enforcement Officer, who shall then issue a building permit or permits if the project conforms to all other applicable requirements. Site plan approval entitles the developer to file with the Onondaga County Clerk a subdivision plat for lands within the approved site plan, provided that the site plan has been given subdivision approval by the Planning Board and the signature of its Chairperson is affixed thereon. Upon disapproving an application, the Planning Board resolution shall specify reasons for the disapproval.
§ 320-38 Additional regulations.
A.
Following initial construction and occupancy, any changes other than use changes shall be considered as a site approval request under this article of this chapter.
B.
Additional land uses not included in the general project plan must be considered as zoning amendments and must be acted upon by the Town Board as such.