Ontario City Zoning Code
ARTICLE XIII
Planned Unit Development
§ 150-29 Purpose, objectives and permitted uses.
The Town of Ontario hereby finds and determines that:
A.
When coordinated with the Town's Comprehensive Plan, planned unit development can be an effective tool for guiding development in ways that support community goals and priorities.
B.
Planned unit development provides a means by which different land uses within an area covered by a single development plan may be combined to achieve compatibility among such uses. Unattainable with traditional municipal zoning techniques, planned unit development provides flexibility in the regulation of land use development in order to encourage innovation in land use variety and design in the layout and type of new structures and in their integration with existing structures; enhances efficiency in the use of land, natural resources, energy, community services and utilities; encourages open space preservation and protection of natural resources, historic sites and structures; facilitates the provision of housing and improved residential environments; and enhances the ability of municipalities to promote businesses and employment opportunities.
C.
It is the intent of the Town of Ontario that, by allowing the creation of one or more PUD districts in the Town of Ontario, it will be possible to provide flexible land use and design regulations through the use of performance criteria so that small-to-large-scale neighborhoods or portions thereof may be developed within the Town that incorporate a variety of development types, including mixed-use development, together with their accessory or associated uses, and contain both individual building sites and common property which are planned and developed as a unit. Where planned unit development is deemed appropriate through the rezoning of land to a PUD district by the Town Board, the set of use and dimensional specifications elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.
§ 150-30 Location.
The PUD district shall be applicable to any zoned area of the Town of Ontario where the applicant is able to demonstrate that the characteristics of the development will satisfy the purpose and intent of this chapter. Where, upon the sole discretion of the Town Board, a PUD district is deemed appropriate, the rezoning of land to a PUD district will replace all uses and dimensional specifications contained elsewhere in this chapter. No real property within the Town of Ontario shall be subject to the PUD district requirements or privileges unless and until the property shall have been designated as a PUD district by act of the Town Board as set forth in this chapter.
§ 150-31 Area requirements.
A.
The proposed project area shall encompass a contiguous land area of a minimum 50 acres under single or corporate ownership.
B.
Not less than 15% of the total area included within the PUD district shall be set aside for open space as is defined in § 150-5. In general, open space shall achieve the following goals:
(1)
Protect and preserve floodplains, wetlands, steep slopes (having a grade of more than 25%), watercourses, and natural drainageways.
(2)
Protect any historic, archaeological or cultural resources listed on the national, state, county or local historical registers.
(3)
Protect any mature woodlands, geological features, meadows or ecologically sensitive areas for wildlife habitat.
(4)
Provide an upland buffer area adjacent to any streams, wetlands or surface water to protect native species vegetation.
(5)
Provide for landscaped common areas, traffic islands, and other common space, excluding streets and driveways.
C.
Open space intended for recreational or other use or uses by the owner or owners within the PUD district shall be so located so as to be accessible to pedestrians.
D.
The suitability of open space for recreational or other use or uses shall be determined by the Town and Planning Boards.
E.
Disposition requirements.
(1)
Ownership of the land and improvements included within a PUD district may be held either individually or as an entity. If ownership is held by a single individual owner or entity, such owner shall permit all residents of the land and improvements, and their invitees, to use the open space. If ownership is held by more than one individual or entity, then each such owner and his, her or its invitees shall have an interest in the open space in common with the other owners. Provision shall be made for the maintenance and upkeep of the open space, together with the means of providing for the costs of such maintenance and upkeep. The precise means of accomplishing the foregoing shall be proposed by the applicant at the time it applies for the creation of a PUD district and shall be approved by the Town and Planning Boards.
(2)
The resubdivision and/or development of any open space approved by the Town and Planning Boards is to be discouraged but not prohibited. If permitted, such resubdivision and/or development of any open space shall be subject to all of the applicable rules and regulations of the Town of Ontario.
§ 150-32 Permitted uses.
Any use not explicitly prohibited within the Town of Ontario shall be permitted in a PUD district as well as any other use approved by the Town and Planning Boards consistent with the purpose and intent of this chapter and the adopted Comprehensive Plan for the Town. Uses outlined under the Adult/Entertainment/Industrial (AE/I) District shall be reviewed by the Planning Board to determine if the proposed uses are in conformance with the standards of the Town of Ontario's Comprehensive Plan.
§ 150-33 Additional requirements and standards.
A.
The requirements and standards for development in a PUD district shall be specifically determined for each individual project. The area, setback, population and building density, and height requirements shall be proposed by the applicant and shall be subject to the approval of the Town and Planning Boards consistent with the site plan review law of the Town of Ontario.[1] Following the approval of a PUD district, the accepted requirements and standards shall regulate the PUD district. At a minimum, the application for the creation of a PUD district shall include:
(1)
A statement of purpose that includes how the proposed development meets the legislative purpose and intent of this chapter as well as the Town's Comprehensive Plan;
(2)
Proposed use or uses;
(3)
Lot, area and yard dimensions;
(4)
Population and building densities, together with floor area ratios;
(5)
Building and architectural characteristics;
(6)
Maximization of open space and recreational areas;
(7)
Parking;
(8)
Internal traffic circulation and external traffic impact;
(9)
Effect of the proposed development within the PUD district on adjacent properties, including property values;
(10)
Effect of the proposed development on local taxation;
(11)
Conceptual stormwater management;
(12)
All additional requirements and data that may be required by the Planning Board.
B.
PUD districts shall be served adequately by and shall not impose an unreasonable burden upon essential public facilities and services, such as, but not limited to, highways, streets, traffic control signals and devices, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewer and schools. Where any such facility or service is not available or adequate to service the PUD district, the applicant shall be responsible for establishing its ability, willingness and binding commitment satisfactory to the Town Board and Planning Board to provide such facilities and services.
C.
All covenants, easements, and restrictions with respect to the PUD district may be recorded in the office of the Wayne County Clerk. They may not be modified, removed, or released without the express consent of the Town Board. When created, such covenants, easements and restrictions shall make provision for their enforcement by the Town of Ontario.
§ 150-34 Required documents.
A.
For a conceptual site plan, reference shall be made to the existing land use ordinances and regulations of the Town of Ontario. Each such plan shall be referred to the Wayne County Planning Department, Ontario Town Water and Sewer Department, Town Engineer, local fire districts, local school district, and other agencies deemed necessary or advisable under §§ 239-l and 239-m of the General Municipal Law.
B.
For a final development plan, reference shall be made to the existing land use ordinances and regulations of the Town of Ontario.
§ 150-34.1 Procedure.
A.
The Zoning Map of the Town of Ontario may be amended from time to time by ordinance duly enacted by the Town Board to provide for PUD districts; provided, however, that no such amendment shall be enacted except in accordance with procedures herein established and applicable standards and regulations established by the Ontario Town Code.
B.
General overview of procedure. The following outlines the procedure required to obtain approval for a PUD district in the Town of Ontario:
(1)
Upon the receipt of an application and preliminary plan for the establishment of a PUD district, the Town Board shall review the application and preliminary plan in consultation with the Planning Board.
(2)
Within 90 days of receiving the application, and prior to acting on a zoning amendment to create a PUD district, the Town Board shall hold one or more public hearings on such proposed preliminary plan and amendment. Notice of the public hearing shall be published in a newspaper of general circulation at least 10 calendar days in advance of the hearing. The proposed zoning amendment and preliminary plan shall be made available for public review at the office of the Town Clerk and may be made available at any other public place.
(3)
At least 30 days before the public hearing on the application and proposed amendment to the Zoning Ordinance to create a PUD district, the Town Board shall mail notices thereof to the applicant and to the Wayne County Planning Board as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in § 239-m, Subdivision 1, of the General Municipal Law.
(4)
Within 120 days of receiving the application and after holding public hearings, the Town Board shall act to approve, approve with modifications and/or conditions, or deny the application and, if approved, amend the Zoning Ordinance to establish and map a PUD district. Upon taking such action, the Town Board shall advise the applicant, the Planning Board, and the Wayne County Planning Board, in writing, of its determination within five business days after such action is taken and place a copy of such letter on file in the office of the Town Clerk.
(5)
A final planned unit development plan shall be submitted by the applicant to the Planning Board for review and approval, or approval with modifications and/or conditions. Review of the final planned unit development plan by the Planning Board shall take into consideration the preceding action of the Town Board on the preliminary planned unit development plan.
(6)
The Town Board's determination on the final planned unit development plan shall be filed in the office of the Town Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.
§ 150-34.2 Revision; revocation.
A.
During the development of an approved PUD, the Planning Board may authorize minor adjustments to the final development plan when such adjustments appear necessary or proper in light of technical or engineering considerations first discovered during actual development. Examples of such minor adjustments are altering:
B.
In addition to the adjustments authorized by the Planning Board, an approved final development plan may be amended or varied by submitting a new site plan to the Planning Board. The process for final development plan approval shall be followed for all amendments. If the amendments exceed the thresholds established by the Planning Board, the preliminary development plan approval process shall be followed.
C.
Changes to an approved PUD district which are considered to be significant shall be grounds for the revocation of the PUD district by the Town Board. Examples of significant changes are:
(1)
Any change which will require additional roads or utilities or will cause a significant increase in the required number of parking spaces;
(2)
Any reduction of the amount of open space to less than 15% of the total area included within the PUD district;
(3)
Any other significant reduction in open space included within the PUD district;
(4)
Any change in use included in the PUD district; and
(5)
Any significant increase in residential density or in change of housing type.
§ 150-34.3 Limitations on approvals.
A.
Within three years after the approval of a final development plan, or at such other time as may be established by the Town Board, construction of the improvements within the PUD district shall commence.
B.
The failure to commence construction within the required period of time shall, unless an extension shall have been granted by the Town Board, automatically render void the final development plan approval and all permits based on such approvals.
§ 150-34.4 Payment in lieu of taxes.
If the real property located within a PUD district is, at the time the planned unit development is approved, or later becomes exempt from the payment of real property taxes, then the owner or owners thereof shall be required to enter into a payment in lieu of taxes agreement (PILOT agreement) upon such terms and conditions as the Town Board may determine. The PILOT agreement shall take into account all real property taxes that would be paid if there were no exemption from such payment.
§ 150-34.5 Enforcement.
If the Town's Code Enforcement Officer finds that development of the improvements in a PUD district is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the final development plan as finally approved, he/she shall immediately notify the Town Board of such fact and issue an order stopping any or all work within the district until such time as any noncompliance is cured.