Residential neighborhoods will be designed to blend with and preserve, not dominate, the existing rural woodland landscape, and developed at an appropriate range of densities that take into consideration proximity to open space and sensitive ecological habitat, proximity to major transportation corridors, proximity to employment and shopping opportunities, and availability of sewer and water service.

Encourage an interconnected system of open space and recreational lands that provides a supporting sustainable framework for the neighborhoods within the Town and preserve the environmental resources that sustain the health and welfare of the Town's residents.

Implement regulations necessary to ensure that applicants submit development applications that fully disclose the proposed density, intensity, size, environmental constraints and design of projects so that the boards can fully assess a project's potential impacts and adopt mitigation measures that are consistent with the goals and objectives and policies of this Plan update.

Allow medium-density, suburban residential neighborhoods in those areas that are close to existing Village residential neighborhoods, are served by central water and sewer, and proximate to major employment and shopping centers within the Town.

Allow limited high-density, urban residential neighborhoods which are immediately adjacent to one or more of the Town's villages and are not significantly constrained by sensitive environmental features, and allow a variety of housing types in these neighborhoods.

Ensure that large developments proposed within urban residential neighborhoods, e.g., over 50 dwelling units, be designed to provide a mix of housing units, e.g., a mix of two-, three-, multifamily, townhome, and other housing types, rather than one single-dwelling-unit type, so as to promote housing diversity.

Require that applications for subdivisions which meet a defined minimum number of proposed lots submit both a conventional and cluster development layout, and allow the Planning Board to determine whether the cluster development must be pursued so that the Town's objective for preserving undisturbed open space is met.

Ensure that all developments are designed to fit within the existing landscape, and that a minimum percentage of undisturbed woodland is integrated into all new developments to promote healthy and attractive neighborhoods.

The MDP shall be prepared by an architect, engineer or land surveyor licensed in the State of New York.

The MDP shall be drawn to an engineering scale and contain the date of last revision, north arrow and graphic scale.

The MDP shall contain the stamp or seal and be signed by the professional preparing the map.

The interior road system of all existing and proposed rights-of-way and easements shall be provided and indicated as to whether public or private ownership is proposed.

Use areas shall be designated with conceptual footprints indicating the number of dwelling units and bedrooms by each housing type and indicating the floor area of nonresidential, general community facilities and accessory structures.

In order to determine the conservation value of open space, the MDP shall include a conservation plan of the project site, identifying areas with conservation value which may include historic, ecological, agricultural, water resource, scenic, or other natural resource value. Lands with conservation value include scenic view corridors, agricultural land, land with prime farmland soils or soils of statewide importance, aquifers and their recharge areas, ecological habitat for sensitive species, historic buildings or landscapes, large areas or contiguous forest, ridgelines and hillsides visible from public roads or other public areas, state or federal wetlands, lakes, water bodies, and stream corridors. These areas shall be mapped on a separate conservation plan which clearly demarcates these areas.

Proposed common open spaces shall be outlined on the MDP and a narrative provided indicating how open spaces are to be preserved in perpetuity, owned and maintained. Proposed bulk requirements applicable to designated use areas of the site, including building heights, setbacks and feet from proposed site roadways or external existing Town roadways, coverage restrictions, FAR restrictions, separation between buildings, and any other bulk constraints necessary to ensure site plans for component use areas are consistent with the plan portrayed in the MDP.

Conceptual elevations of proposed buildings in each use area, and identification of general architectural or site design features necessary to ensure the community character and/or aesthetic character of the component use area identified in the MDP.

The relationship between the proposed road system, parking lots, buildings, utilities and open spaces shall be provided.

The proposed water, storm and sanitary sewer systems shall be shown and, how they are proposed to be connected to the system of adjoining areas shall be indicated.

Environmental characteristics of the project site shall be shown, including topography, areas of slope in excess of 30%, soils, flood zones, rock outcrops, streams, swamps, lakes, ponds and other wetlands and all proposed alterations of said environmental characteristics.

Estimates of peak-hour traffic generation derived from the proposed development and its relation to surrounding development and its relation to surrounding roads and intersections, including design elements to mitigate traffic impacts, shall be provided in an accompanying narrative.

If the development is to be phased, a clear indication of the phasing process shall be provided. The MDP shall show each phase of development with the dates of anticipated commencement and completion of the same.

Narrative of how the proposal would be consistent with the official planning objectives of the Town as well as the criteria listed in Subsection C.

Fiscal impact analysis indicating predicted assessed value of the project and anticipated public service costs based on the per-capita multiplier methods and/or proportional valuation (for any assisted living or nonresidential development proposed) average costing methods.

Those areas most constrained by sensitive environmental resources.

Areas of high conservation value.

The portion of the site furthest from existing village boundaries.

Areas currently used for agriculture, which use may continue to operate post-development, subject to elimination of development rights through covenant or easement.

Single-family detached dwelling units on individual lots of not more than 15,000 square feet.

Single-family attached dwelling units.

Single-family semiattached dwelling units.

Multiple-family dwellings, including but not limited to workforce apartments or condominium flats.

Assisted-living facilities.

Open space preserves and parkland.

Hotels, spa facilities and conference centers, only where the Town Board believes that such are compatible with the character of the existing surrounding neighborhood. The Town Board, in authorizing the CCR, may require as a condition of approval appropriate controls to insure that the hotel, spa and conference center is in character with the surrounding community, including but not limited to establishing acceptable room sizes; limiting the number of guest rooms; limiting or requiring the number of suite-type units with individual cooking facilities; providing requirements for the architectural appearance; establishing requirements for the size and capabilities of the operator; and requiring minimum floor area for amenity space such as fitness centers, pools, meeting rooms, ballrooms, etc.

Sit-down restaurants, personal service establishments and/or retail uses restricted to no more than 5% of the gross floor area of the proposed development and integrated into clubhouses, recreational uses or other accessory nonresidential structures.

Agricultural use, including use of areas designated as open space.

Accessory uses as permitted elsewhere in this chapter for principal uses allowed in the CCR, except that accessory apartments shall not be permitted for any unit within a CCR All apartments are expected to be counted as part of the density calculation of the CCR.

Other accessory uses related to the planned development and subordinate to the principal use, including storage and maintenance buildings, management offices, clubhouses, recreational uses and facilities, project rental/sales centers, security facilities, and utility structures serving the proposed development.

Common dining, laundry, restaurant, medical, personal services and housekeeping facilities, principally for the use of senior residents, in conjunction with assisted-living facilities or groups of at least 50 dwelling units restricted to senior occupancy.

Coverage in development area. Within the 35% of lot area designated for development, no more than 65% of the area may be covered with impervious surfaces, the rest to be comprised of landscaped areas, lawns or open areas left substantially in their natural state.

Buffering from sensitive environmental resources. No impervious surfaces shall be proposed within 100 feet from a DEC or US ACOE jurisdictional wetland, except that access roads or driveways may be proposed through such areas where necessary to provide adequate emergency access to the community. Areas within the buffer may be used for active and passive recreational use by residents, unless otherwise prohibited by other laws or regulations. Applications will comply in all respects to Chapter 56 (Wetlands) of the Town of Monroe.

Distance between principal buildings. At a minimum, the distance between two principal buildings shall be not less than their average height.

Separation from existing public street. No building shall be proposed within 75 feet of an existing public street. Generally, the area along an existing public street shall be maintained in a naturally wooded state, or in a state of equivalent appearance, except for areas where the project is proposed to be accessed.

Increased perimeter setbacks may be required whenever it is determined that they are warranted by the topography, the nature of the existing vegetation or the relationship to and impact on neighboring properties and uses.

Off-street parking and loading. Off-street parking and loading shall be provided in accordance with the ratios established in § 57-49 of this chapter.

The right-of-way and pavement widths for internal roads shall be determined from sound planning and engineering standards to be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of firefighting equipment and police or emergency vehicles. The construction of roads shall meet Town requirements for design and materials and be approved by the Town Highway Superintendent.

A maximum building height of 40 feet for all buildings is required.

Limitations on the maximum floor area of all residential dwelling unit shall be as follows:

Visual screening between adjoining residential yards and between residences and nonresidential areas shall be accomplished through the use of vegetation, walls or fencing.

Buildings and accessory structures shall be set back a minimum of 25 feet from any street intended to carry through traffic.

Front load garages shall be discouraged, and where unavoidable, should not project closer to the street than the balance of the front facade of the structure. For townhouses and multifamily structures, community garage structures and/or rear loaded garages accessed via an alley are favored.

Sidewalks should be provided on each side of a residential street or parking area where residences are proposed. Along through streets with no directly adjacent residences, sidewalks shall be provided on one side.

Reasonable attempt will be made to incorporate historic resources, including stone walls and foundations, into the design of the proposed development.

The consistency of the proposed petition and MDP with the intent of the CCR Floating Zone.

The consistency with the goals and objectives of the Comprehensive Plan as listed in Subsection A.

The consistency with the criteria listed in Subsection C.

The report of the Planning Board, including any recommended modifications.

The input of any interested or involved agencies as defined by 6 NYCRR 617.

The suitability of the MDP to meet the purposes of this chapter as well as their incorporation of best practices for sustainable land development.

Securing of site plan approval in accordance with Article VI of the Zoning Code of the Town of Monroe prior to issuance of a building permit in connection with the construction of any element of an approved MDP.

If a valid and complete application for site plan approval is not presented to the Planning Board for approval within six months of the date of CCR authorization or if no development is initiated on the site within 18 months of the date of approval of a site plan by the Planning Board, the zoning of said parcel shall revert back to the zoning of said parcel prior to its change to a CCR district. The Town Board may, upon application, extend either term for up to three six-month periods, where it finds that the development was delayed for cause reasonably beyond the control of the applicant.

The HOA certificate of incorporation, the bylaws and the organization's declaration of restrictions shall be submitted to the Town Attorney and the Planning Board for approval before any final site plan approval may be granted. They shall clearly provide:

Where there is to be a lease of any portion of the common areas, it must be submitted for approval to the Town Board, which will examine the relationship of the lease to the HOA with regard to rights of use and access by the unit owners in and to the common areas.

The HOA shall not be dissolved.

The HOA shall not dispose of or convey any common areas for any uses other than those specified in the approved master development plan and as amended.

The developer shall, prior to final approval and as a condition thereof, designate common areas. The common areas shall consist of all land in residentially developed areas which is not to be developed as residential units. Such areas shall include but not be limited to all roadways, recreation facilities, common accessways, buffer zones and open space areas, except those areas proposed for dedication to the Town, and shall be duly noted as such on the site plan map filed prior to site plan approval, which map shall also include a separate listing of all site plan approval conditions. The filed map shall be referred to by its filing number in the deed restriction or date of approval and last revision of the approved site plan and incorporated by reference therein.

As a condition of approval, the Town Board shall require that any deed granted by the developer with respect to the residential units in the planned development shall contain a clause or clauses which create permanent rights of use and enjoyment in the designated common property and easements for the same which shall be appurtenant to each unit and benefit the owners thereof.

In addition, each deed granted by the developer shall contain a restrictive covenant, in recordable form satisfactory to the Town Attorney, restricting the disposal or conveyance of the common property for any purpose other than those specified in the approved planned development site plan. The covenants as set forth above shall inure to the benefit of each individual purchaser of a residential unit within the planned development and shall further name the Town as third-party beneficiary for enforcement purposes and shall prohibit the extinguishment of said covenants.

As a condition of approval, the Town Board shall require the developer to provide in an easement, restrictive covenant, deed restriction or other conveyance in a recordable form satisfactory to the Town Attorney, the conditions restricting development of the open space created by the CCR as follows:

As a condition of approval, the Town Board shall require the developer to provide in a restrictive covenant, in recordable form satisfactory to the Town Attorney, the identification and terms of the leased workforce housing or age-restricted units as required in Subsection C(6) and (7) of this Article. All for-sale workforce housing or age-restricted units shall provide a restrictive covenant, in recordable form satisfactory to the Town Attorney, in accordance with Subsection C(6) and (7) of this article.

The Town's emergency maintenance rights set forth in Subsection E(3) below in and to the common property as described herein shall also be included in the deed restriction.

All mortgages, leases and similar encumbrances on the common property shall be subordinate to the deed restrictions and shall be reviewed by the Town Attorney to assure that they are actually subordinate thereto. In order to facilitate this review, the developer shall submit a full title report on the premises to the Town Attorney prior to any site plan application to the Planning Board.

Prior to any final site plan approval, the developer shall file a separate declaration of restrictions with the County Clerk, thus encumbering the common property in the planned development coincident with final site plan approval and prior to any development thereon. In the event that the developer is a contract vendee for all or part of the site, such declaration of restrictions shall be filed simultaneously with the title closing on the site or part thereof.

The permanent rights of use and access and the restrictive covenants described herein shall run with the land, and no site plan shall be approved without the prior approval of the language and form of all documents describing such rights, covenants and restrictions by the Town Board.

In the event that the HOA established to own and maintain common property, or any successor organization, shall at any time after establishment of the CCR fail to maintain the common property in reasonable order and condition in accordance with the plan, the Town may serve written notice upon such organization or upon the residents and the owners of the development, setting forth the manner in which the organization has failed to maintain the common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing, the Town may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 30 days or any extension thereof, the Town, in order to preserve the taxable values of the properties within the planned development and to prevent the common property from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners and accepted by the Town Board after public hearing thereon. Before the expiration of said year, the Town shall, upon its initiative or upon request of the organization theretofore responsible for the maintenance of the common property, call a public hearing upon notice to such organization or to the residents and owners of the development to be held by the Town, at which hearing such organization or the residents and owners of the planned development shall show cause why such maintenance by the Town shall not, at the election of the Town, continue for the succeeding year. If the Town shall determine that such organization is ready and able to maintain said common property in reasonable condition, it shall cease to maintain said common property at the end of said year. If the Town shall determine such organization is not ready and able to maintain said common property, it may continue to maintain said property for the next succeeding year, subject to a similar hearing and determination in each year thereafter.

The cost of such maintenance by the Town shall be assessed, equally, against the properties within the planned development that have a right to enjoyment of the common property and shall become a tax lien on said properties and may be collected in the same manner as an unpaid tax. The Town, at the time of entering upon said common property for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the development.

Natural features, such as streams, rock outcrops, topsoil, trees and shrubs, shall be preserved or replaced and incorporated in the landscaping plan of the development.

Where adequate surface drainage is not possible by grading alone, a supplementary drainage system, approved by the Town, shall be required.

To improve the quality of the environment and to reduce inconvenience during bad weather, all electrical and telephone distribution lines shall be installed underground.

The developer shall provide all necessary fire hydrants, refuse disposal facilities, water and sewer facilities, storm drainage, paved road access, paved parking and loading facilities and off-street lighting, making reasonable provision for utility service connections with adjoining properties in other ownerships.

Parking and loading areas, refuse disposal facilities and other accessory uses within the planned development shall be located so as to be compatible with nearby residential uses. Such uses shall be adequately screened and buffered where adjacent to residential development.

All utilities and drainage facilities shall be built to the approval of the Town Engineer.

Performance guaranty. The Planning Board shall require that public improvements, recreational facilities and landscaping be secured by a performance guaranty in the same manner as prescribed in the Town subdivision regulations, or as the Planning Board may require. Provision shall be made to secure the maintenance of landscaping by the HOA and approval and successors in interest.

The applicant, as part of the site plan approval process, shall be required to enter into a public improvement security agreement with the Town as set forth in Town Code § 57-26.