New Windsor City Zoning Code
ARTICLE VII
Planned Unit Development
§ 300-30 Planned unit development intent.
It is the intent of these planned unit development (PUD) regulations to provide flexible land use and design through the use of performance criteria on designated areas of land programmed for more intense and sophisticated uses of land within the Town and to incorporate a variety of residential use types with nonresidential uses containing privately owned sites and common property as a planned unit. Such a planned development is to be designed and organized so as to permit the site to function without necessarily requiring the supportive services of adjacent neighborhoods. This article encourages innovations in residential development so that the growing demands for housing for young married couples, senior citizens, and existing residents, who no longer wish to maintain a large one-family house because the family unit has been reduced in size due to minor children becoming emancipated, may be met by a greater variety of housing types, design and planning of structures with the incidental benefit of more efficient land use in such developments.
§ 300-31 Objectives.
In order to carry out the intent of this article, a planned unit development shall achieve the following objectives:
A.
A variety of housing types and ownership capabilities shall be provided, i.e., cooperatives, individual residences, condominiums with community facilities available to potential residents and rental apartments.
B.
Usable open space, recreational facilities and reservation for educational facilities shall be provided in accordance with Planning Board requirements.
C.
Accessory facilities may be located within the site where appropriate.
D.
Outstanding topographical, geological and water resource features of the site shall be preserved to the maximum.
E.
A creative and staged development of land shall be followed which allows for an orderly transition of land from vacant to occupied use.
§ 300-32 General design requirements and standards.
A.
Minimum area. The minimum area necessary to qualify for a planned unit development shall not be less than 50 contiguous acres of land; provided, however, that the owner of less than that amount can simultaneously apply for the residential provisions of a PUD where the land is adjacent to a proposed or constructed PUD.
B.
Ownership. The tract of land may be owned, leased or controlled by a single person, corporation or association of individuals or corporations. An application may be filed by the owner, jointly by the owners of all property to be included or by a person, persons, corporation or corporations with an option to buy said property. In the case of multiple ownership, a plan once approved shall be binding on all owners.
C.
Location of planned unit developments. Planned unit developments are special permit uses in all districts within the Town. Planned unit developments shall be served by public water and sewer service and shall meet the criteria for special permit approval set forth in Article XIV.
D.
Permitted uses. All uses within an area designated as a planned unit development are determined by the provisions of this article, subject to requirements of this chapter relating to computation of dwelling units. Such uses as may be approved are:
(1)
Residential uses. Residential uses may be of any variety and ownership, subject to Planning Board approval and the imposition of conditions to ensure the ongoing maintenance and care of common areas and obligations of the development.
(2)
Accessory commercial, service and nonresidential uses. Accessory commercial, service and other nonresidential uses may be permitted or required in planned unit developments. Nonresidential developments shall be restricted to uses of a professional office and neighborhood commercial nature where such PUD is located in a residential use district. Nonresidential uses may be permitted in PUDs situate in an OLI District. Residential uses are permitted throughout the PUD.
E.
Residential development. Planned unit developments situated in residential districts shall be permitted the number of dwellings as follows:
(1)
The gross area of the land to be included in the PUD shall be calculated, and any land under water or otherwise precluded from development, such as easements, existing development, etc., shall be subtracted.
(2)
The adjusted gross area of land from Subsection E(1) above shall be divided by the minimum area for single-family dwellings as set forth in the applicable district(s) to determine the basic number of units permitted.
(3)
For planned unit developments incorporating planned residence development (multifamily), the following unit equivalency may be permitted, subject to the overall limitations set forth in Subsection D:
Bedroom Count | Equivalent Dwellings | |
|---|---|---|
0 (efficiency) | 0.25 | |
1 | 0.33 | |
2 | 0.50 | |
3 or more | 1.00 |
(4)
The Town Board may approve the transfer of dwelling unit credit to the PUD from noncontiguous lands in the same ownership within the Town of New Windsor, provided that such lands are placed in permanent open space uses and represent substantial open space resources for the community. Such credit may be calculated in the same manner as in Subsection E(1) above.
§ 300-33 Common property.
Common property in the PUD is a parcel or parcels of land and a privately owned road or roads, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. When common property exists, the ownership of such common property may be either public or private, at the option of the Town Board. When common property exists in private ownership, the owners shall grant such easements over, under and through such property to the Town as are required for public purposes. Also, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service parking and recreational areas, pursuant to § 300-16.
§ 300-34 Design standards.
Unless otherwise indicated in the resolution of special permit approval of the planned development, compliance with the following standards shall be required:
A.
Lot area and yard requirements. No minimum lot size, frontage or yard requirements within a planned unit development shall be required except those dictated by health, fire, safety, function and buffer considerations.
B.
Height limitations. No maximum limits on building height shall be required, except as provided in § 300-10 of this chapter.
C.
Streets. The arrangement, character, extent, width, grade and location of all streets shall be considered in relation to existing and planned streets and topography and to public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by said streets. Whether private or public, said streets shall conform to all other street and road specifications of the Town.
D.
Access. All uses shall have access to a public or private street except residences, which need not front on a street but must have access thereto via a court, walkway or other area dedicated to public use or owned and maintained by a permanent resident nonprofit civic association or corporation.
E.
Building area. The location and arrangement of all structures shall be in harmony with the purposes of this special use. The location and arrangement of structures shall not be detrimental to existing or prospective adjacent development or to the existing or prospective development of the Town.
F.
Boundary setbacks, buffer areas and transitional uses. Along the boundaries of a planned unit development, provision shall be made for a combination of uses and buffer areas which constitute a transitional separation between surrounding existing and prospective uses and the proposed development. All uses and structures in the planned unit development shall be required to provide a setback and/or buffer area from any zone district boundary or designated street line of any adjoining street at least equal to the least restrictive setback or buffer area required for any such uses or structures in the zoning districts in which they are permitted. If the existing use adjoining a planned unit development is industrial, the screening as required in this chapter shall be provided at the perimeter of the district where the proposed planned unit development is to be constructed, to screen such residential development from glare, uses or other influences having a potentially adverse impact on the planned unit development. Within the planned unit development, compatibly designed and transitional buffer areas and screening between uses and structures shall be provided.
G.
Off-street parking and loading requirements. The minimum off-street parking and loading requirements for any uses or structures in a planned unit development shall be at least equal to the minimal requirements stipulated for such uses or structures in this chapter.
H.
Special considerations. Multiple-residence structures shall conform to the design and density requirements of § 300-24.
I.
Additional site development standards. In addition to the standards set forth in this article, the applicant shall also comply with the appropriate design, site development plan and performance standards of this chapter and of Chapter 257, Subdivision of Land. Where a conflict between this article and any of the above exists, the former shall govern.
§ 300-35 Application procedure and approval process.
A.
General. Whenever any planned unit development is proposed, before any permits for the erection of a permanent building in such development shall be granted and before any subdivision plat or part thereof may be filed in the office of the County Clerk, the developer or his authorized agent shall apply for and procure approval of such planned unit development in accordance with procedures set forth in this section.
B.
Application to the Town Board for concept approval. The owner or prospective purchaser must make application to the Town Board for concept approval or rejection prior to the filing of a preliminary plan with the Planning Board. Application for concept approval shall be in a form sufficient to enable the Town Board to evaluate the planned unit development for compliance with the standards set forth for special permit approval in § 300-87 and shall include a written report as set forth in Subsection B(1) below. The Town Board shall refer the application for concept approval to the Planning Board for its review and report. The Town Board, upon concept approval, shall forward the approved application with any conditions to the Planning Board for consideration in the production of the preliminary plan. Concept approval shall continue in force so long as preliminary plan approval is diligently pursued by the applicant. Preliminary plan review by the Planning Board shall be undertaken by the applicant within six months of concept approval unless such period is extended by the Town Board for an additional ninety-day period.
(1)
Report requirements. A written description of the area surrounding the planned unit district shall be submitted, demonstrating the relationship of the proposed site to adjoining uses, including:
(a)
An explanation of the character of the planned district.
(b)
Evidence that the proposal is compatible with the goals of the Town Comprehensive Plan.
(c)
A market feasibility study and other possible study techniques showing the demand for the principal proposed uses within the proposed site.
(d)
A cost benefit analysis or other similar study to review the relative estimated municipal costs, services and ratables which might be anticipated for the development.
(e)
General statements as to how common open space is to be owned and maintained.
(f)
A proposed time schedule for development and, if staged, a general indication of how the staging is to proceed.
(g)
The present ownership of all lands included within the proposed planned unit development.
(h)
A circulation study both within the planned unit development and as it may affect the surrounding areas, including estimates of total automotive trips generated, peak-hour demand, present and anticipated traffic volumes, existing street capacities and other elements which may influence and be influenced by the proposed planned unit development.
(i)
Evidence to demonstrate the applicant's competence to carry out the plan and his awareness of the scope of such a project, both physical and financial.
(2)
Report by Orange County Planning Board. Simultaneously with the application for concept approval, the Town Board shall submit a duplicate set of plans and reports to the Orange County Planning Board for its consideration pursuant to the General Municipal Law § 239-n.
C.
Application for preliminary plan approval.
(1)
The developer shall submit a preliminary plan of the proposal to the Planning Board. The preliminary plan shall be approximately to scale, though it need not be so precise as to consist of finished engineering drawings, and it shall clearly show the following information:
(a)
The location of various uses and their area.
(b)
The general outlines of the main interior roadway systems and all existing rights-of-way and easements, whether public or private.
(c)
Delineation of the various residential uses, indicating for each such area its general extent, size and composition in terms of the total number of dwelling units and approximate percentage allocation by dwelling unit types (for example, single-family detached, duplex, townhouses, condominiums, and garden apartments), plus a calculation of the permitted dwellings and equivalency for planned residence use.
(d)
The interior open space system.
(e)
The overall drainage system.
(f)
Existing and proposed contours at intervals of not more than 10 feet.
(g)
A location map generally showing land use and ownership of abutting lands.
(h)
A general statement as to how common open space is to be owned and maintained and a commitment that the Town shall be granted easement over all common open spaces and roads.
(i)
If the project is to be staged by the owner, a general indication of how staging is to proceed.
(2)
The Planning Board shall review this preliminary plan and its related documents and shall, within 45 days thereafter, render either a favorable or unfavorable report to the Town Board.
D.
Application for planned unit development special permit.
(1)
Upon receipt of a favorable or unfavorable report from the Planning Board, the Town Board shall set a date for a public hearing for the purpose of considering special permit approval for the applicant's plan in accordance with the procedures established under §§ 264 and 265 of the Town Law of the State of New York, said public hearing to be conducted within 62 days of the receipt of the report or decision of the Planning Board.
(2)
The Town Board shall refer the application, when applicable, to the County Planning Department as required by §§ 239-1 and 239-m of the General Municipal Law, and the Town Board shall also refer the application to the Town Engineer if this has not been done by the Planning Board.
(3)
The Town Board shall give the County Planning Department, where such review is required, at least 30 days to render its report, and the Town Board shall render its decision within 62 days after the public hearing.
E.
Site plan approval process.
(1)
Application for site plan approval. Application for site plan approval shall be referred to the Planning Board, in accordance with § 300-86D, within 90 days of special permit approval or as stipulated by the Town Board in its resolution of approval.
(2)
Requests for changes in the preliminary plan. If in the course of site development plan review it becomes apparent that certain elements as have been approved by the Town Board are not feasible, the Planning Board may resubmit to the Town Board its recommendations and the reasons for requesting the changes and, upon approval of the Town Board, a change to the preliminary plan may be made.
(3)
Action on the final detailed site plan application.
(a)
Within 62 days of receipt of the complete application for final site plan approval, the Planning Board shall hold a public hearing in accordance with § 276 of the Town Law and render a decision to the applicant and so notify the Town Board within 62 days from the public hearing.
(b)
Upon approving an application, and the applicant fulfilling all of the conditions and the posting of all required bonds, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward the same to the Code Enforcement Officer who shall, upon payment of the requisite fee, issue a building permit to the applicant.
(4)
Staging. If the applicant wishes to stage his development and he has so indicated as per Subsection C(1)(i), he may submit only those stages he wishes to develop for site plan approval in accordance with his staging plans. In such application, he must submit the full plans required above for site plan approval and subsequently file the staging plans.
§ 300-36 Financial responsibility.
No building permit shall be issued for construction within a planned unit development until the required improvements are installed or until a certified check and performance bond in a form acceptable to the Town Attorney are posted in accordance with the procedures specified in § 277 of the Town Law relating to subdivisions.
§ 300-37 Site plan approval.
The site plan approval shall be governed by the provision of § 300-86E.