Pittsford Town City Zoning Code
ARTICLE XIV
Planned Unit Development District
§ 185-66 Intent and objectives.
A.
Intent.
(1)
It is the intent of this Planned Unit Development (PUD) District 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 residential and nonresidential uses, and contain individual building sites and common property which are planned and developed as a unit. Such a planned unit is to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common property in order to function as a neighborhood. This article specifically encourages innovations in development and more efficient use of land in such developments.
(2)
This article recognizes that while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas or neighborhoods that are already substantially developed, these controls represent a type of pre-regulation, regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the planned unit development concept. Further, this article recognizes that a rigid set of space requirements along with bulk and use specifications would frustrate the application of this concept. Thus, where PUD techniques are deemed appropriate through the rezoning of land to a planned unit development 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.
B.
Objectives. In order to carry out the intent of this article, a PUD shall achieve the following objectives:
(1)
A greater choice in the types of environment, occupancy tenure (e.g., cooperatives, individual ownership, leasing), types of housing, lot sizes and community facilities available to existing and potential Town residents at all economic levels.
(2)
More usable open space and recreation areas.
(3)
The preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion.
(4)
A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses.
(5)
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower costs.
(6)
A development pattern in harmony with the objectives of the Comprehensive Plan.
(7)
A more desirable environment than would be possible through the strict application of other articles of this chapter.
§ 185-67 Minimum area.
Under normal circumstances, the minimum area requirements to qualify for a planned unit development district shall be 40 contiguous acres of land. Where the applicant can demonstrate that the characteristics of the applicant's holdings will meet the objectives of this article, the Town Board may consider projects with less acreage.
§ 185-68 Single ownership.
The tract of land for a project may be owned, issued 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 owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
§ 185-69 Location.
The PUD District shall be applicable to any area of the Town where the applicant can demonstrate that the characteristics of the applicant's holdings will meet the objectives of this article.
§ 185-70 Permitted uses.
All uses within an area designated as a PUD district are determined by the provisions of this section and the approval of the project concerned.
A.
Residential uses. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with this article.
B.
Commercial, service and other nonresidential uses that are properly scaled to the area of the application. Consideration shall be given to the project as it exists in its larger setting in determining the appropriateness of such uses.
C.
Customary accessory or associated uses. Accessory uses such as private groups, storage spaces, recreational and community activities, places of worship and schools shall also be permitted as appropriate to the PUD.
§ 185-71 Intensity of land use.
Because land is used more efficiently in a PUD, improved environmental quality can often be produced with a greater land use intensity and/or number of dwelling units per gross building area than usually permitted in traditionally zoned districts. The Town Board shall determine in each case the appropriate land use intensity and/or dwelling unit density for individual projects. The determination of land use intensity and/or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the intensity and/or density.
§ 185-72 Common property.
Common property in a PUD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which is 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.
§ 185-73 Signs, awnings and canopies.
The Town Board shall establish the requirements for signs, awnings and canopies for each area designated as a PUD district, utilizing, as a guide, the provisions of Article XVIII of this chapter.
§ 185-74 Maximum height limitations.
The Town Board shall establish maximum height limitations, so as to be reasonable and appropriate given the location of the development, the terrain involved and the nature of the development.
§ 185-75 Application procedure; zoning approval process.
Whenever any planned unit development is proposed, before any permit for the erection of a permanent building in such planned unit development shall be granted, and before any subdivision plat of any part thereof may be filed in the office of the Monroe County Clerk, the applicant shall apply for and secure approval of such planned unit development by the Town Board, in accordance with the following procedures.
A.
Application requirements.
(1)
The applicant shall submit a sketch plan of the application to the Town Board. The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing, and shall clearly show the following information:
(a)
The location of the various uses and their areas in acres.
(b)
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.
(c)
Delineation of the various areas indicating for each such area its general extent, size and composition in terms of type of use; in the case of nonresidential uses, the nature of the proposed use and its intensity; in the case of residential use, total number of dwelling units, approximate percentage allocation by dwelling unit type (i.e., single-family detached, duplex, townhouse, apartments); and general description of the intended market structure for each such area.
(d)
The interior open space system.
(e)
The overall drainage system.
(f)
If grades exceed 3% or portions of the site have a moderate to high susceptibility to erosion, flooding and/or ponding, a topographic map showing contour intervals of not more than five feet of elevation, along with an overlay outlining the above susceptible soil areas, if any.
(g)
Principal ties to the community at large with respect to transportation; water supply and sewage disposal.
(h)
General description of the provision of other community facilities, such as schools, fire protection services and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.
(i)
A location map showing uses and ownership of abutting lands.
(2)
In addition, the following documentation shall accompany the sketch plan:
(a)
Evidence of how the applicant's particular mix of land uses meets existing community demands to include area-wide as well as local considerations.
(b)
Evidence that the application is compatible with the goals of local and area-wide Comprehensive Plans, if any.
(c)
A general statement as to how common open space is to be owned and maintained.
(d)
If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan shall show the intended total project.
(e)
Evidence of the applicant's competence to carry out the plan and the applicant's awareness of the scope of the application, both physical and financial.
B.
Advisory referral to the Planning Board.
(1)
The Town Board shall submit the application to the Planning Board for its nonbinding advisory report to the Town Board. The review at this stage is intended to obtain the input of the Planning Board on the application. It is not intended to serve as a site plan or subdivision review, which would only occur after a decision by the Town Board on the PUD request.
(2)
The Planning Board will schedule a public workshop on the application, which may be conducted as part of its regularly scheduled meeting. The intent of the workshop is to share information between the applicant, the Planning Board and interested members of the public. The workshop will not supplant the formal hearing which will be conducted by the Town Board later in the review process.
(3)
Within 45 days of receipt of the application from the Town Board, the Planning Board will prepare an advisory report to the applicant and the Town Board. The Planning Board's report will describe the beneficial aspects of the proposal and make recommendations for the amelioration of any adverse aspects of the proposal. The Planning Board's report and the application will then be transferred back to the Town Board for its final decision on the application.
C.
Public hearing and action on application.
(1)
Upon receipt of the advisory report from the Planning Board, the Town Board shall set a date for and conduct a public hearing, in accordance with the provisions of applicable law, for the purpose of considering establishing a PUD district for the applicant's plan.
(2)
The Town Board shall refer the application to the Monroe County Planning Department for its analysis and recommendations pursuant to the provisions of § 239-m of the General Municipal Law, and the Town Board shall also refer the application to the Commissioner of Public Works for his review.
(3)
The Commissioner of Public Works shall submit a report to the Town Board within 30 days of the referral, commenting on and making appropriate recommendations as to the feasibility and adequacy of the design elements of the application.
(4)
Within 45 days after the public hearing, the Town Board shall render its decision on the application. If the Town Board grants the PUD districting, the Zoning Map shall be so noted. The Town Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening; land use mixes; order of construction and/or occupancy; circulation systems, both vehicular and pedestrian; necessity of sites within the area for necessary public services such as schools, firehouses and libraries; protection of natural and/or historic sites; and other such physical or social demands.
§ 185-76 Site plan approval process.
Site plan approval for all planned unit developments shall be obtained in accordance with Article XXIX, Site Plan Approval.
§ 185-77 Financial security.
No building permits shall be issued for construction within a PUD district until improvements are installed or a performance bond or letter of credit posted in accordance with the same procedures as provided for in § 277 of the Town Law relating to subdivisions. Other such requirements may also be established from time to time by the Town Board.