Owego City Zoning Code
ARTICLE XI
Planned Unit Development
§ 125-25 Intent.
A.
Provision is included for Planned Unit Development Districts to permit establishment of small- to large-scale areas in which diverse uses may be brought together as a compatible and unified plan of development which shall be in the interest of the general welfare of the public.
B.
Procedures for proposal and step-by-step review and approval are provided to assure:
(1)
Uses which are compatible and complementary with each other and with neighboring districts.
(2)
Physical layout which is in balance with respect to building types and locations, circulation patterns and open space.
(3)
Architectural designs which are harmonious and provide an essential unity to the district.
C.
With respect to residential and business development, this article encourages innovations so that the growing demands for housing at all economic levels may be met by greater variety in type, design and layout of dwellings and by the conservation and more efficient use of land in such developments.
D.
Thus, where the flexibility of planned unit development techniques is deemed appropriate, through the rezoning of land to a Planned Unit Development District by the Town Board, the use and dimensional specifications elsewhere in this chapter are replaced by a more detailed approval process in which an approved plan becomes the basis of continuing public control.
§ 125-26 Objectives.
For the purpose of carrying out the intent of this article, a Planned Unit Development District shall include some or all of the following objectives:
A.
A maximum choice in the types of environment, occupancy tenure (e.g., cooperative, individual ownership, condominium, leasing), types of housing, lot sizes and community facilities available to Town residents.
B.
More usable open space and recreation areas and more convenience in location of accessory commercial and service areas.
C.
A development pattern which preserves trees, outstanding natural topography and geologic features and which prevents soil erosion.
D.
A creative use of land and related physical development which allows an orderly transition of land from rural uses.
E.
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs.
F.
A development pattern in harmony with the objectives of the Master Plan.
G.
A more desirable environment than would be possible through the strict application of other articles of this chapter.
§ 125-27 General requirements.
A.
Area. It is anticipated that a Planned Unit Development District would contain an area in excess of 50 acres. In order to carry out the intent that these provisions be flexible and to encourage innovations, no minimum area for a Planned Unit Development District is fixed.
B.
Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by the owners of all property included in a project. In the case of multiple ownership, the approved plan is binding on all owners.
C.
Permitted uses. Land in a Planned Unit Development District may be used for Residential A, B or C, business or light industry in any combination. Customary, accessory or associated uses, such as private garages, storage spaces, recreational and community activities, churches and schools, shall be permitted.
D.
Intensity of land use. Because land is used more efficiently in a planned unit development, improved environmental quality can be produced with a greater number of dwelling units per gross building acre than usually permitted in other zoned districts. In general, it is not expected that the total number of dwelling units per gross building acre would exceed nine dwelling units. The Town Board shall determine in each case the appropriate land use intensity or dwelling unit density for individual projects. The determination of land use intensity ratings or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the rating or density.
E.
Common property. Common property in a planned unit development is a parcel or parcels of land, 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. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas.
§ 125-28 Application for sketch plan approval.
A.
Any person desiring the formation of a Planned Unit Development District shall present an application to the Planning Board, which shall be accompanied by a sketch plan.
B.
The application shall:
(1)
Set forth the names and addresses of all persons interested in the development and other pertinent information.
(2)
Describe the project in general terms.
(3)
Set forth evidence of how the developer's particular mix of land uses meets existing community demands.
(4)
Contain a statement as to how common open space is to be owned and maintained.
(5)
Contain, if the development is to be staged, a clear indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan shall show the final completed project.
(6)
Show evidence of any sort in the applicant's own behalf to demonstrate his competence to carry out the plan and his awareness of the scope of such a project, both physical and financial.
C.
The sketch plan shall be approximately to scale and shall show the following information:
(1)
The location of the various uses and their areas in acres.
(2)
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.
(3)
Delineation of the various residential areas, indicating the number and size in terms of number of bedrooms of residential units by each housing type: single-family detached, duplex, townhouse, garden apartments and others (specify), plus a calculation of the residential density in dwelling units per gross acre (total area including interior roadways) for each such area.
(4)
The interior open space system.
(5)
The interior drainage system.
(6)
If grades exceed 3% or portions of the site have a moderate-to-high susceptibility to erosion or a moderate-to-high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five feet of elevation shall be provided along with an overlay outlining the above susceptible soil areas, if any.
(7)
Principal ties to the community at large with respect to transportation, water supply, sewage disposal and stormwater drainage.
(8)
Estimates of the school population and possible allocation to existing and proposed schools.
(9)
A location map showing uses and ownership of abutting lands.
D.
After reviewing the application, the sketch plan and all documents and other evidence submitted to it, the Planning Board shall render either a favorable report to the Town Board or an unfavorable report to the applicant.
E.
A favorable report shall include a recommendation that the application be granted and the findings on which such recommendation is based, which shall include:
(1)
The proposal conforms to the Master Plan.
(4)
The proposal is conceptually sound in that it meets a community need and it conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements, both absolutely and to one another.
(5)
There are adequate services and utilities available or proposed to be made available in the construction of the development.
F.
An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what might be done in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application with the Town Board for a determination as provided in § 125-29 hereof.
§ 125-29 Town Board review procedure.
A.
The Town Board shall review the favorable report of the Planning Board, together with the sketch plan and its related documents. The Town Board shall also review any unfavorable report, provided that an aggrieved person shall file an application therefor, together with the report of the Planning Board, sketch plan and other documents submitted to the Planning Board. Based thereon, the Town Board shall make a determination whether or not the proposal meets the objectives of the planned unit development as set forth in this article and whether or not its development would be in the public interest.
[Amended 7-3-1973]
B.
The Town Board shall render a favorable or unfavorable report thereon and may make such recommendations as it may deem appropriate. Such determination and recommendations, if any, shall be advisory only and shall not constitute approval or disapproval of the plans for the project, nor shall it constitute a commitment or agreement by the Town Board to take any further action, whether in the nature of legislation or otherwise, in connection with such proposal.
§ 125-30 Application for preliminary development plan approval.
A.
Upon receipt of a favorable report from the Town Board, the applicant shall, within six months, submit a preliminary development plan to the Planning Board, in triplicate. Such development plan shall contain the following information prepared by a licensed engineer or registered architect:
(1)
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
(2)
A topographic map showing contour intervals of not more than five feet of elevation shall be provided.
(3)
A preliminary site plan including the following information on sheets no larger than 34 inches by 42 inches.
(a)
The title of the drawing, including the name and address of the applicant.
(b)
The North point, scale no greater than one inch equals 50 feet and the date.
(c)
The boundaries of the property plotted to scale.
(d)
The existing watercourses.
(e)
A site plan showing the location, proposed use and height of all buildings; the location of all parking and truck loading areas, with access and egress drives thereto; the location and proposed development of all open spaces, including parks, playgrounds and open reservations; the location of outdoor storage, if any; the location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; a description of the method of sewage disposal and location of such facilities as well as water supply facilities; the location and size of all signs; the location and proposed development of buffer areas; the location and design of lighting facilities; and the amount of building area proposed for nonresidential uses, if any.
(f)
Preliminary plans for handling stormwater drainage.
(4)
A tracing overlay showing all soil areas and their classifications and those areas, if any, with moderate-to-high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation.
(5)
Agreements, provisions or covenants which govern the use, maintenance and continued protection of the planned development and any of its common open areas.
B.
The Planning Board's review of a preliminary site plan shall include but is not limited to the following considerations:
(1)
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
(2)
The adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
(3)
The location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
The location, arrangement, size and design of buildings, lighting and signs.
(5)
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise-deterring buffer between adjacent uses and adjoining lands.
(6)
In the case of apartment houses or multiple dwellings, the adequacy of usable open space for playgrounds and informal recreation.
(7)
The adequacy of stormwater, water supply and sanitary waste disposal facilities.
(8)
The adequacy of structures, roadways and landscaping in areas with moderate-to-high susceptibility to flooding and ponding and/or erosion.
(9)
The protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(10)
The relationship of the proposed land uses to adjacent land uses and use of buffer areas and open space, to provide a harmonious blending of existing and proposed uses.
(11)
Conformance with other specific charges of the Town Board which may have been stated in the zoning resolution.
C.
The Planning Board may require that the exterior design of all structures be made by or under the direction of a registered architect whose seal shall be affixed to the plans. The Planning Board may also require such additional provisions and conditions that appear necessary for the public health, safety and general welfare.
D.
Approval.
(1)
The Planning Board shall take such action on said application as may be necessary. The Planning Board's action shall be in the form of a written statement to the applicant and the Town Board stating whether or not the preliminary development plan is approved.
(2)
In the event that the Planning Board approves the preliminary development plan, the Town Board shall hold a public hearing upon a proposition to zone the applicant's land for the proposed planned unit development. After holding such public hearing, the Town Board shall make a determination as to whether or not the proposed development plan conforms to applicable laws, ordinances and regulations and whether or not it is in the public interest.
(3)
In the event that the Town Board determines that the development plan conforms to all laws, ordinances and regulations and is in the public interest, the Town Board shall adopt a resolution declaring its intention to zone the applicant's property for the proposed planned unit development, provided that the applicant receives approval of the final plans from the Planning Board and all persons interested have complied with all conditions.
§ 125-31 Application for approval of final development plan.
After receiving notice of zoning intention by the Town Board, the applicant shall submit a final detailed development plan in triplicate, on linen, to the Planning Board, which shall substantially conform to the approved preliminary development plan. It shall incorporate any revisions or other features that may have been recommended by the Planning Board and/or Town Board. The applicant shall also submit evidence of compliance with all applicable state and county laws and regulations and shall establish that necessary permits from appropriate government units have been obtained. After the applicant has submitted a final development plan which conforms to the approved preliminary plan revised to comply with the Planning Board and Town Board recommendations and upon complying with such additional conditions as may have been set by the Town Board, the Planning Board shall mark such final plans "approved final development plans." One copy of the marked approved final development plans shall be filed with its records by the Planning Board. A copy of the marked approved final development plans shall be forwarded by the Planning Board to the Town Board, and the third marked copy of the approved final development plans shall be filed by the applicant in the office of the Clerk of the County of Tioga. The Planning Board shall notify the Town Board of its action, which shall then enact the legislation to create the appropriate Planned Unit Development District. Prior to enacting any legislation, the Town Board may require that a development agreement be executed and that appropriate financial guaranties be filed to assure compliance with conditions for approval of the development and the minimum requirements of this chapter.
§ 125-32 Development schedule.
A.
From time to time the Planning Board shall compare the actual development accomplished in the various Planned Unit Development Districts with the approved development schedules. If the owner or owners of property in planned unit development have failed to meet the approved development schedule, the Planning Board shall so advise the Town Board and shall make such recommendations in connection therewith as it deems appropriate. The Town Board may proceed to rezone the property to the zone classification it held immediately prior to being zoned under this article. Upon recommendation of the Planning Board and for good cause shown by the property owner, the Town Board may extend the limits of the development schedule.
B.
The construction and provision of all of the common open spaces and public recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units. At least once every six months following the approval of the final development plan, the enforcement officer shall review all of the building permits issued for the planned development and examine the construction which has taken place on the site. If he shall find that the rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, he shall forward this information to the Town Board, which may revoke the planned development zone amendment and direct that further building permits in the development be denied until required recreation or open space is provided and, if the developer fails or refuses to comply within a reasonable time, may rezone the property to the zone classification it held immediately prior to being zoned under this article.
§ 125-33 Changes after approval.
No changes may be made in the approved final plan during the construction of the planned development, except upon application to the appropriate agency under the procedures provided below:
A.
Minor changes in the location, siting and height and the length and width of buildings and structures may be authorized by the Planning Board if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this section may increase the cube of any building or structure by more than 10%.
B.
All other changes in use, any rearrangement of lots, blocks and building tracts, any changes in the provision of common open spaces and all other changes in the approved final plan must be approved by the Town Board under the procedures authorized by this chapter for the amendment of the Zoning Map. No amendments may be made in the approved final plan unless they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the community.
§ 125-34 Control of development after completion.
A.
Upon completion of the project, or any stage thereof, for which the developer shall seek a certificate of occupancy or other certificate certifying satisfactory completion of the project, or portion thereof, the developer shall submit a certificate of his registered architect or licensed engineer, in form satisfactory to the Planning Board, that the completed project, or portion thereof, substantially conforms to the plans therefor approved by the Planning Board. Upon receipt of such certification and based upon the reports of appropriate Town officials, the Planning Board shall issue a certificate certifying the completion of the planned development, and the Clerk of the Planning Board shall note the issuance of the certificate on the recorded final development plan.
B.
After the certificate of completion has been issued, the use of land and the construction, modification or alteration of any buildings or structures within the planned development will be governed by the approved final development plan rather than by any other provision of this chapter.
C.
Procedure for change.
(1)
After the certificate of completion has been issued, no changes may be made in the approved final development plan except upon application to the appropriate agency under the procedures provided below:
(a)
Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the Planning Board if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the cube of any building or structure by more than 10%.
(b)
Any uses not authorized by the approved final plan, but allowable in the planned development as a permitted use under the provisions of this chapter, may be added to the final development plan upon receipt of approval of the Planning Board.
(c)
A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved as provided herein.
(2)
All other changes in the final development plan must be approved by the Town Board under the procedures authorized by this chapter for the amendment of the Zoning Map. No changes may be made in the final development plan unless they are required for the continued successful functioning of the planned development or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the community.
D.
No changes in the final development plan which are approved under this section are to be considered as waivers of the covenants limiting the use of land, buildings, structures and improvements within the area of the planned development, and all rights to enforce these covenants against any changes permitted by this section are expressly reserved.