North Hempstead City Zoning Code
ARTICLE XC
Planned Unit Development District
§ 70-98 Legislative intent. [1]
[Amended 8-12-1980 by L.L. No. 10-1980; 7-9-1991 by L.L. No. 10-1991]
A Planned Unit Development District (PUD) is conceived and enacted to promote and protect the public health, safety, property values and general welfare of the Town of North Hempstead and to create the flexibility which is necessary to achieve environmentally sensitive, economically beneficial and socially desirable development which is more creative and imaginative in its land use and design than is possible under the more rigid, conventional regulations currently in place. The general comprehensive planning goals for this district are the following:
A.
To promote the most desirable and suitable use of land on sites which are unique due to size and location and to preserve as much open space as is consistent with orderly development of a site.
B.
To provide the opportunity for uses which satisfy Town-wide needs and are not otherwise available or only available in limited amounts throughout the Town.
C.
To promote mixed and balanced development that will complement existing land use and transportation patterns so as to prevent the overcrowding of land and minimize congestion.
D.
To regulate development in such a way as to help preserve Long Island's limited water supply and conserve other natural resources.
E.
To allow for reasonable economic uses of land, consistent with the intent of this district and the capacity of the development.
F.
To encourage innovation and flexibility in design while ensuring that potential environmental impacts are minimized.
G.
To locate, plan and design or redesign communities so that they will have a clear "sense of place" and will enable residents to reside, work, shop and enjoy recreational activities in the same area.
H.
To encourage the efficient provision and delivery of governmental services, including educational, cultural, recreational and emergency services.
I.
To help assure that new development will be fiscally sound in terms of revenues produced versus expenditures required, including consideration of operating as well as capital costs for the services and facilities required for its residents.
§ 70-98.1 Creation of Planned Unit Development District.
The Planned Unit Development District (PUD) is hereby established as a floating zone with potential applicability to any property within the Town where its use will serve to further the legislative intent of this article. The boundaries of each PUD shall be fixed by amendment to the Official Town Zoning Map wherever this district is applied. A boundary description by metes and bounds shall be filed with the office of the Town Clerk.
§ 70-98.2 Title.
This article shall be known and cited as the "Planned Unit Development District (PUD)."
§ 70-98.3 Interpretation; conflicts with other provisions.
In the event of a conflict between the provisions of this article and other provisions of this chapter, the provisions of this article shall control.
§ 70-98.4 Eligible properties.
To be considered for PUD designation, a property must meet the following criteria:
A.
Minimum area. The minimum area for a PUD shall be 90 acres of land:
[Amended 8-4-1998 by L.L. No. 14-1998]
(1)
Located completely within the Town of North Hempstead;
(2)
Having contiguity, except for any dividing street, public or private, on which such tract, or any portion thereof, may have frontage; and
(3)
At least 45 acres of which must be in the unincorporated portion of the Town and the balance of which may be within contiguous areas of incorporated villages within the Town.
B.
Permitted uses. If the underlying zoning is residential, only residential, recreational, institutional and educational uses may be included in the PUD, except that limited commercial uses may be permitted which are clearly incidental and complimentary to the proposed use. In no instance shall the commercial use exceed 10% of the total development of the PUD. Property located in the following districts are excluded from PUD consideration:
C.
Ownership. The land proposed for a PUD may be owned by one or more persons, partnerships, limited partnerships, trusts or corporations, but must be presented as a single entity at the time of application for PUD Master Plan approval by the Town Board. The application shall be jointly binding on all of them and all future owners. Notwithstanding the foregoing, the applicants may assign specific construction, operation and maintenance responsibilities to specific lots, and, upon doing so and providing assurance to the Town, the other lots shall be relieved of such responsibilities. Legal agreements in a form satisfactory to the Town Attorney shall be provided to assure this.
§ 70-98.5 Procedure.
The application and approval procedure shall consist of two sequential phases: application for change of zone and approval of the PUD Master Plan and site plan review for individual phases or lots of the project. The applicant may submit applications for both phases simultaneously.
A.
Change of zone and PUD Master Plan.
(1)
Application. Any application pursuant to the provisions of this section of this chapter shall be submitted in 10 copies to the Town Board and include the following:
(a)
Petition for zone change. A petition for Change of Zone shall be submitted in accordance with the procedures and requirements set forth in Article XXVII of this chapter, entitled "Amendments."
(b)
PUD Master Plan. A proposed PUD Master Plan Map drawn at a scale of not less than one inch equals 100 feet and consisting of one or more sheets, indicating the following information for the entire proposed project:
[1]
Property lines, the names of all adjoining streets and property owners and existing zoning district boundaries.
[2]
Existing topographic information, including contours with a vertical interval of no more than two feet.
[3]
Existing natural and man-made features.
[4]
Aerial photograph at a scale not less than one inch equals 100 feet encompassing all lands within 200 feet of the PUD boundary.
[5]
The location of all existing roads, buildings, structures and parking areas located within 200 feet of the proposed PUD boundary.
[6]
The proposed elements of the vehicular and pedestrian circulation systems.
[7]
A land use plan showing the proposed location of all uses, their type, size and composition, sites reserved for open space and public utilities, etc. A summary schedule of proposed uses and the floor area of each for the entire PUD shall be included.
[8]
The nature and location of all existing and proposed utility and service systems and facilities, including sanitary sewerage, water supply, stormwater drainage, public utilities, refuse collection, antennas, etc.
[9]
The names and addresses of the applicant(s) the property owner(s) and, if the applicant(s) is(are) other than the property owner(s), evidence of his authority to act; and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.
[10]
A complete and accurate list of names and addresses of the owners of all the lands within a radius of 200 feet of the property affected by such application as appears on the latest complete assessment roll of the County of Nassau.
(c)
Written statement. A written statement accompanying the PUD Master Plan Map containing a text description of the proposed plan, indicating how it will serve to implement the intent and purpose as set forth in this article, a preliminary analysis estimating the various quantitative elements of the proposed plan including the floor space and floor area ratio of all uses, the number of off-street parking spaces, proposals for the construction, operation and maintenance of all utility systems and road improvements and the methods of ownership, control and planning by which the proper continued future operation and maintenance of all roads, walkways, utilities, open spaces and other common lands and facilities will be permanently assured. The written statement shall include a description of all proposed open spaces, their uses, any proposed improvements or remediation thereto and any proposed covenants to ensure their continuation as open spaces.
(d)
Underlying zoning. A description of the permitted uses, maximum allowable density and the setback requirements of the underlying zoning category shall be provided. In both written and graphic form, provide a comparison of the proposed PUD Master Plan to the potential development under existing zoning. The applicant must demonstrate that the proposed uses are not only compatible to the uses permitted under current zoning, but that the flexibility afforded by the PUD designation would allow a superior site layout than would conventional zoning.
(e)
Phasing plan. A proposed phasing plan, indicating the approximate phasing of site development and related improvements, both on- and off-site, including the general order of construction and estimated timing of each phase.
(f)
Full environmental assessment form (FEAF). All PUD applications are subject to review under the requirements of the State Environmental Quality Review Act (SEQRA).[1] Environmental impacts are to be assessed for the maximum development possible within the proposed PUD. Consistent with the provisions of SEQRA, the applicant may be directed to prepare a draft generic environmental impact statement (DGEIS). The applicant may, if he chooses, submit a DGEIS with the initial PUD application in place of a FEAF. The scope of the DGEIS shall be developed in consultation with the Commissioner of Planning and Economic Development.
(g)
Traffic impact study. A comprehensive study of existing traffic volumes, turning movements and pedestrian counts in the vicinity of the project and a projection of site-generated volumes for each phase of the project. Traffic study must include capacity analyses for present and future conditions.
(h)
List of approvals required. A list of approvals required from various government agencies prior to proceeding with the first phase and any subsequent phases of development.
(i)
The PUD Master Plan application shall be accompanied by a fee in the amount indicated in the Town of North Hempstead Fee Schedule. In addition to said fee, the applicant shall be liable to the Town and shall reimburse the Town for costs of said application pursuant to § 70-98.8.
[Amended 4-11-2006 by L.L. No. 5-2006]
(2)
Preapplication conference. Prior to submittal of an application for a PUD, the applicant shall schedule a preapplication conference with the Commissioner of Planning and Economic Development.
(a)
Purpose and intent. The purpose of the preapplication conference is to:
[1]
Facilitate the early exchange of information between review agencies and the applicant.
[2]
Ensure that the applicant fully understands the policies, requirements and legislative intent of the Planned Unit Development District.
[3]
Identify potential problems or issues of concern before the application is presented to the Town Board.
[4]
Provide the applicant with information regarding existing or planned public facilities or services which may relate to the proposed development.
(b)
Submission. Requests for preapplication conferences shall be made in writing to the Commissioner of Planning and Economic Development and shall be accompanied by five copies of each of the following:
[1]
Location map of the proposed PUD District and surrounding properties. Indicate site boundaries and present zoning designations. Identify all roadways, major development features and significant neighboring land uses.
[2]
Existing conditions map indicating all present land uses on the site. Identify all significant environmental features, including topography, wetlands, significant wildlife habitat areas and special groundwater protection area boundaries (if applicable).
[3]
Schematic site plan of the proposed PUD. The plan should identify the location of all proposed buildings, roads, parking areas, utilities and other significant proposed features. The plan should indicate the means of access and internal site circulation as well as the proximity to mass transit facilities. The plan should identify the extent and location of open space areas to be provided or retained.
[4]
Analysis of the estimated development potential (yield) of the site based upon present zoning.
[5]
Written description of the proposal describing the basic concept of the plan, the reasons for establishing a PUD and a supporting statement as to how the proposal will meet the legislative goals of the PUD zone.
(c)
Conference. Within 10 days of receiving the required materials, the Commissioner will schedule the preapplication conference. The conference may be attended by the Commissioner of Buildings or officials from other agencies as deemed appropriate. The Commissioner of Planning will furnish the names of all officials scheduled to attend the conference to the applicant in advance of the meeting.
(d)
Minutes of conference. The Planning Department will prepare minutes of the conference and will furnish copies to the applicant within 10 business days following the conference. Following the completion of the conference and the resolution of all preapplication issues, the applicant may submit a complete application for PUD zoning and Master Plan approval as set forth in § 70-98.5A(1).
(e)
Disclaimer. It is not the purpose of the conference to indicate any approvals or to prejudge in any way the environmental and legislative determinations which will ultimately result from Town Board review and public hearing. Any statement or indication of approval by the Commissioner or other official at the preapplication conference shall not be construed to imply that approval will be forthcoming from the Town Board or any other agency having jurisdiction.
(3)
Public hearing. The Town Board shall hold a public hearing on the PUD Master Plan application. The public hearing may be held in combination with other public hearings applicable to the specific project, including site plan review and SEQRA hearings. The applicant shall provide notice of the hearing as set forth in § 70-240 of this chapter.
(4)
Standards and requirements. The Town Board will, without limiting its legislative discretion, take the following into consideration in determining the suitability of the proposed PUD Master Plan:
(a)
The extent to which the application shall serve to implement the legislative intent and the comprehensive planning goals as set forth in this article.
(b)
The proposed mix of land uses and their proposed location on the site to ensure that all uses are complementary within development. Where potentially incompatible uses occur, additional buffer areas may be required to avoid adverse impacts.
(c)
The extent to which the application incorporates existing natural topographic and environmental features in its design.
(d)
The compatibility of the proposed uses with the surrounding roadway network and neighboring land uses.
(e)
The anticipated impact of the proposed development upon the immediate neighborhood and upon the Town as a whole.
(f)
The design of the phasing plan, to ensure that uses in each phase of the PUD will have adequate services, including streets, transportation, water supply, utilities and landscaping, to suit its needs and that each phase will be self-sufficient if future phases should be delayed or abandoned.
(g)
The extent to which the proposed development may be served by mass transit systems, either existing or proposed as part of the development.
(h)
The extent to which the application is in conformity with the Town of North Hempstead Master Plan to ensure the development does not conflict with Town goals or policies regarding future growth.
(i)
The proposed development is self-sufficient in terms of off-street parking, drainage, sewage, utilities and transportation.
(5)
Action by the Board.
(a)
Following a public hearing, the Town Board shall by resolution, act either to approve, approve with modifications or disapprove the PUD change of zone and Master Plan application. A PUD zone change application shall be granted only in conjunction with the simultaneous approval or approval with modifications of a PUD Master Plan. The Master Plan, as modified by the conditions established by the Town Board in its approval and/or notations required to be placed upon Master Plan maps and written documents, shall establish the zoning density and land use limitations thereafter applicable within said district.
(b)
Approval of the PUD change of zone and Master Plan application shall not be deemed to waive any right of the Town Board to the detailed review of any aspect of the proposed development or of any site plan as required in this article.
(c)
Approval or approval with modifications of the PUD Master Plan application shall expire at the end of two years after the date of issuance, unless the applicant has submitted at least one detailed site plan application for a section of the PUD or such time limit has been extended by the Town Board upon request by the applicant.
(6)
As part of the Master Plan approval, the Town Board will adopt specific dimensional standards and performance requirements which will be applicable to the site-specific PUD. The dimensional requirements shall include, but are not limited to, the following:
B.
Site plan review.
(1)
Approval of the PUD Master Plan by the Town Board shall be deemed to authorize the applicant to proceed with detailed design of the initial phase or phases of the proposed development and to submit applications for site plan review in accordance with the PUD Master Plan and thereafter to design and submit site plan applications for each subsequent phase. The applicant may apply for site plan approval simultaneous with the PUD Master Plan application for any phase(s) for which detailed design has been completed, with the understanding that the Master Plan application may be disapproved or approved with modification. In either case, a revision of the site plan may be required.
(2)
The review and approval of site plans shall be in accordance with the standards, requirements and procedures as set forth in Article XXII, § 70-219 of this chapter, entitled "site plan review," with the additional requirements as set forth therein. Site plan approval shall be required prior to the issuance of building permits within any phase of a PUD.
(3)
The Town Board, when reviewing the site plan, will consider the adequacy, location, arrangement, design and appearance of each aspect of the development in relation to both the legislative and development standards of this article. While the scope of the Town Board review of site plans will generally relate to one phase of the PUD at a time, the Town Board may determine the need to review additional detailed plans with respect to such matters as water, sewer, utilities, streets and/or road improvements which will later be needed to service or connect to other phases of the PUD, so as to determine that they will be adequate for the PUD as a whole as well as for the individual phases.
(4)
The Town Board, subject to the provisions of SEQRA, may require a supplemental environmental impact statement if it finds that a proposed site plan for one or more phases exceeds the level of impact identified in the DGEIS for the PUD Master Plan.
(5)
The Town Board may condition its approval of any PUD site plan upon the applicant obtaining other necessary approvals, licenses or permits from the appropriate Town, county, state or federal agencies that have jurisdiction thereof.
(6)
Approval of site plans for subsequent phases of the PUD shall not be granted unless the Town Board determines that the development of preceding phases is in conformity with all applicable requirements of the Master Plan. The failure of a specific lot owner to meet the requirements imposed upon such individual lot pursuant to site plan review shall not affect the approval or use of any other lot in a PUD.
(7)
The applicant may be required by the Town or other appropriate governmental jurisdiction to post performance bonds in sufficient amount and duration that all streets and utilities shown on the site plan will be suitably graded and paved and that all other necessary improvements, including off-site improvements, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarms, signal devices (including necessary ducts, cables and other connecting facilities), sanitary sewers and storm drains, will be installed in accordance with standards, specifications and procedures acceptable to the appropriate governmental department or agency having jurisdiction thereof.
(8)
Each application for site plan review shall be accompanied by appropriate legal documents as may be necessary to provide for and ensure the continued proper future maintenance and ownership responsibility for all common areas, facilities and utilities within each phase of development or section thereof.
§ 70-98.6 Conditions.
Conditions of approval of both the PUD Master Plan and site plan applications may include without limitations:
A.
Restrictions on the quantity, type and location of each permitted land use.
B.
Requirements related to the construction, ownership, operation and maintenance responsibility for both on-site and off-site infrastructure improvements;
C.
Provisions assuring the permanent ownership, preservation, and maintenance responsibility for required open spaces and for buildings or sites of significant historical and/or archaeological value.
D.
Requirements related to the phasing, timing and/or sequencing of the proposed development and related improvements.
E.
Requirements related to the maintenance and preservation of open spaces.
F.
Any other items relating to the health, safety and general welfare of the public.
§ 70-98.7 Amendments to zoning requirements or site plan.
Any proposed amendment to the PUD Master Plan zoning requirements or approved site plan may be made only with the approval of the Town Board and only after a public hearing with the same notice as required for the initial PUD application. For certain minor site plan amendments, Town Board approval may be waived pursuant to § 70-219M.
§ 70-98.8 Liability for costs; consultants and special counsel.
A.
For all applications pursuant to this article, the applicant shall be liable to the Town and shall reimburse the Town for the following costs which may be incurred in processing its application:
(1)
Advertising.
(2)
Stenographic minutes of meetings.
(3)
Planning, engineering, traffic, hydrological, environmental or other specialized studies performed by consultants which the Town may deem reasonably necessary to assist it in the review and implementation of the application.
(4)
Legal fees for special counsel if the Town Board determines that special counsel is desired in connection with the application and/or the implementation of the PUD.
(5)
Inspection costs.
(6)
Recording fees.
B.
Whenever it is determined that consultants or special counsel are required, the Town shall issue a request for proposals for these services. The estimated costs of such services, as set forth in the proposal selected by the Town, will be furnished to the applicant in advance of authorizing the consultant or counsel to proceed. The applicant shall furnish to the Town written acknowledgment that he is responsible for and will reimburse the Town for these costs.
§ 70-98.9 Severability.
If any clause, sentence, section, paragraph or provision of this article shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair nor invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, paragraph or provisions directly involved in the controversy in which such judgment shall have been rendered.