Newstead City Zoning Code
ARTICLE VII
Planned Unit Developments
§ 450-56 Intent.
The intent of this Planned Unit Development (PUD) Article is to provide greater flexibility leading to more imaginative design in the development of areas than is normally possible under conventional zoning districts. It is further intended to promote the most appropriate use (uses) of the land; a more efficient and economical arrangement of streets, utilities, buildings and open space; and the utilization of topography and other natural features to the best advantage both in creative design and conservation practices and to integrate all elements into one cohesive and compatible unit.
§ 450-57 General provisions.
§ 450-58 Regulations.
[Amended 5-13-2019 by L.L. No. 2-2019]
A.
Location. The PUD Overlay Zone shall apply to any area of the Town where the applicant can demonstrate that the characteristics of the development will satisfy the objectives of this article.
B.
Minimum area. The PUD shall include no less than 20 acres of contiguous land.
C.
Open space: Minimum 25% of site used as open space, including walkways, landscaped areas and recreational areas. Parking areas and vehicle access facilities shall not be considered in calculating open space.
D.
Common property: Common property in a PUD is a parcel or parcels of land together with improvements thereon, the use of which are shared by the owners and occupants of the individual building sites. The landowner shall provide for and establish an organization for the ownership and maintenance of any common property. Such organization shall not be dissolved, nor shall it dispose of any common property by sale or otherwise.
E.
Ownership: Any application for a PUD must be filed by owner(s) of all property owned, leased or controlled by a person, corporation or group. The application must be filed by the owner, or jointly by owners of all property included in the project. The approved plan shall be binding on all owners.
F.
Permitted uses: The following uses shall be allowed in a PUD provided that they do not adversely affect surrounding development and that they are in accordance with the purpose, intent, and objectives of this chapter.
(1)
Dwelling units in detached, semidetached, attached, clustered or multistoried structures or combinations thereof.
(2)
Commercial uses, where such uses are scaled primarily to serve residents of the PUD, such as retail sales, personal services, and professional offices.
(3)
Other commercial and/or light industrial uses may be permitted in a PUD of 100 acres or more and only when said uses are in strict accordance with the intent of this chapter and the most recent accepted or approved Town Master Plan.
(4)
Public and private institutional facilities.
(5)
Recreational facilities.
G.
Densities: Gross densities for single-family, two-family, and multiple-family developments shall not exceeding those set forth in R-1, R-2, and R-3 Districts respectively.
§ 450-59 Procedure for approval.
[Amended 5-13-2019 by L.L. No. 2-2019]
A.
Preapplication conference. To avoid possible delays, it is suggested the applicant confer informally with the Planning Board regarding basic concepts of the proposed PUD, including rough sketches, tabulations, and a simplified site plan showing the location and design of the proposed sanitary and storm sewer systems prior to submitting site plan.
B.
Site plan. A site plan shall be prepared as required under Article XII, Site Plan Review, accompanied by the following:
(1)
Evidence of how the developer's particular mix of land uses meets the existing community demands, to include area-wide as well as location considerations.
(2)
Evidence the proposal is compatible with the goals of local and area wide planning. Particular attention should be paid to the most recent comprehensive master plan accepted or approved by the Town.
(3)
Statement on how common open space is to be owned and maintained.
(4)
If the project is to be phased, the site plan must show the intended whole project and how phasing is to proceed. Each phase must have adequate provision for access, parking, open space, recreation areas, stormwater management and other public improvements to serve the development. If development will require more than 24 months to complete the project, phasing will be required. Each phase must provide temporary or permanent transitional features, buffers or protective areas in order to prevent damage to completed phases, future phases or to adjoining property.
(5)
Evidence from the applicant demonstrating their competence to carry out the plan to completion, including information on their ability to finance the project, and awareness of the scope of such project.
C.
Planning Board action.
(1)
The Planning Board shall review the site plan and related documents and, within 62 days of submission, shall submit to the Town Board its recommendation that the plan be approved, disapproved, or modified. In determining its action, the Planning Board may seek advice and assistance from sources such as the Town Attorney, Town Engineer, Town Code Enforcement Officer, Town Planning Consultant and Town Highway Superintendent. The Planning Board's report shall state its recommendation, including a detailed statement of the basis for any determination of noncompliance. In such case, the Planning Board may recommend further study of the site plan after it has been revised or redesigned.
(2)
If, in any such evaluation, the Planning Board finds that any submission requirements, regulations, standards or criteria prescribed by this chapter are inapplicable because of unusual conditions of the PUD or the nature and quality of the proposed design, it may recommend to the Town Board that an adjustment in such regulations, standards or criteria be made.
D.
Town Board action on preliminary plans. Upon a favorable report from the Planning-Board, the Town Board shall set a date for the public hearing for the purpose of considering the creation of a PUD. The Town Board shall hold a public hearing and shall render a decision within 62 days following the public hearing.
E.
Zoning.
(1)
The determination of the Town Board to create a PUD Overlay District shall require the amendment of the Zoning Map to reflect the additional zoning layer.
(2)
Amending the Zoning Map to indicate a PUD does not authorize the issuance of building permits. Such action can only be taken upon approval of the final site plan.
F.
Final site plan. The final site plan shall substantially conform to the preliminary site plan that has been approved, incorporating any revisions or other features recommended by the Planning Board and/or Town Board. In addition to the information contained in preliminary site plan, the final site plan shall provide the information outlined under Article XII.
G.
Planning Board action on final plans.
(1)
Within 62 days of the receipt of the application for final site plan approval, the Planning Board shall act on it and notify the Town Board and applicant of its action. In determining its action, the Planning Board shall seek advice and assistance from such sources as the Town Attorney, the Town Engineer, the Town Code Enforcement Officer/Building Inspector, the Town Planning Consultant and the Town Highway Superintendent.
(2)
The Planning Board's report shall state whether or not the final site plan is recommended and shall include a detailed statement of the basis for any Planning Board determination of noncompliance with any substantive criterion, standard or regulation of this article.
(3)
In such case, the Planning Board may recommend further study of the final site plan after it has been revised or redesigned.
H.
Town Board action on final plans.
(1)
Within 62 days of receiving a recommendation from the Planning Board, the Town Board shall either approve or disapprove the final site plan. The basis for such a decision shall be the conformance of the final site plan to the approved or modified preliminary site plan and to the objectives of this chapter.
(2)
If the Town Board determines that the final site plan does not comply with the above criteria, standards or regulations, then the record of such determination shall be delivered to the applicant, including a separate statement setting forth in detail the exact nature of such noncompliance and all other factors included in the basis for the Town Board's determination.
§ 450-60 Additional regulations.
[Amended 5-13-2019 by L.L. No. 2-2019]
A.
Subdivision review. Site plan review, under provisions of this article, shall suffice for Planning Board and Town Board review and approval of subdivision, subject to the following:
(1)
Applicant shall prepare sets of subdivision plats suitable for filing with the Erie County Clerk's office, that satisfy all plat requirements in Town subdivision regulations, in addition to the drawings required above.
(2)
If the PUD is being developed in phases, it may be platted and filed in corresponding components.
B.
Regulation after initial construction and occupancy. For purposes of regulating the development and use of property after completion of initial construction and occupancy, any changes shall be processed as a special permit, as outlined under Article XI.
C.
Commencement of construction. No construction or site improvement work may commence until site plan approval has been granted.
D.
Financial responsibility. Building permits shall not be issued for construction within a PUD Overlay District until improvements are installed or performance bond or letter of credit posted in accordance with the same procedures as provided for in the Town Subdivision Regulations, if any.