Pleasantville City Zoning Code
ARTICLE V
Residential Planned Unit Development District
§ 185-24 Statement of intent and objectives.
A.
It is the intent of this residential planned unit development (PUD) article to provide performance criteria in the context of flexible use and design regulations so that self-contained residential neighborhoods of varying scales may be developed, incorporating a variety of residential types and related accessory uses and containing both individual building sites and common property which are planned and developed as a unit.
B.
In adopting this article, the Village Board of Trustees declares that it is its intent to encourage innovations in residential development so that the growing demands for housing at all economic levels may be met by greater variety in type, design and siting of dwellings and encourage the maximum reasonable conservation and the most efficient possible use of land. The Village Board of Trustees further declares that these objectives cannot be achieved through the use of traditional bulk and use zoning and subdivision regulations, the application of which to substantial tracts of land may be inimical to the ability of the Village to take full advantage of the most advanced techniques of land development.
C.
Where PUD techniques are deemed appropriate, the rezoning of land to a Planned Unit Development District by the Village Board of Trustees replaces the use and dimensional specifications contained elsewhere in this chapter by an approval process in which an approved sketch plan becomes the basis by which the Planning Commission will control land use during the development period and thereafter.
D.
Among the objectives which are sought to be achieved through use of the PUD techniques are the following:
(1)
An increase in choices of housing types (including but not limited to one-family detached, townhouses, garden apartments) and individual ownership (including cooperative and condominium) available to Village residents at various economic levels.
(2)
More usable open space and recreation areas.
(3)
Preservation of trees and outstanding natural topographic and geological features and prevention of soil erosion.
(4)
A shorter network of utilities and streets which would lower housing and public maintenance costs.
(5)
A more desirable environment than would be possible through the strict application of other sections of this chapter.
(6)
A development pattern in harmony with the objectives of the Village Comprehensive Plan.
§ 185-25 Standards and general requirements.
A.
Use and density standards.
(1)
The minimum area required to qualify for a Planned Unit Development District shall be 25 contiguous acres of land.
(2)
The following shall be permitted uses:
(a)
Dwelling units of all types in detached, semidetached, attached or clustered dwellings, or any combination thereof.
(b)
Home occupations, subject to the following requirements:
[1]
Any such use shall be located entirely within the principal dwelling building.
[2]
No more than 500 square feet or 30% of gross floor area of one floor of the principal dwelling building, whichever is less, shall be used for such purposes (including permitted storage of materials).
[3]
No nonresident associates, assistants or employees shall be permitted.
[4]
If instruction is involved, it shall be limited to a single student at a time.
[5]
No display of materials visible from the street and no outdoor storage of materials shall be permitted. No storage of materials other than that which is clearly incidental to the operation of the home occupation shall be permitted.
[6]
No signs shall be displayed, except as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
[7]
Except as permitted by Subsection A(2)(b)[6] hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
[9]
The nature and intensity of the home occupation shall not create any hazardous, detrimental or nuisance conditions or generate any objectionable noise, odors, fumes, lighting, glare, radiation or radio or television interference or other adverse impacts.
[10]
The home occupation shall not involve merchandising, trade or the exchanging of commodities by sale to persons who come to the premises or by shipment to or from the premises.
[11]
No equipment, other than light office equipment (including but not limited to typewriters, computers, fax machines, photocopiers and postage meters), medical or dental equipment, or other electrical or mechanical equipment that might typically be used in connection with a residential use, shall be permitted.
[12]
No production of materials, other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection A(2)(b)[11] hereof, or materials of a type and quantity that might typically be created as part of a residential hobby, shall be permitted.
[13]
No trash generation that is in excess of that which is typical of any normal household use shall be permitted, unless disposed of by a private carter.
[14]
Any hazardous or biological wastes generated must be stored indoors, clearly labeled and properly disposed of by a private carter in accordance with all applicable laws and regulations.
[15]
No discharge of waste into sanitary sewers other than that typical of a residential use shall be permitted, unless such waste is properly treated prior to discharge in accordance with all applicable laws and regulations.
[16]
The home occupation shall comply with all applicable federal, state, county and local regulations.
(c)
Maximum of one caretaker apartment.
(d)
Public areas and recreational facilities.
(e)
Off-street parking.
(f)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
(h)
Antennas, as permitted and regulated in Article VIIB of this chapter.
(3)
PUD designation may be applied only to lands zoned for residential purposes. In no event shall the number of dwelling units to be constructed within any such planned unit development result in a permitted number of dwelling units exceeding that number which could be permitted if the land were subdivided into lots conforming to the minimum size and density requirements of the zoning regulations applicable thereto, assuming the land was not designated as a PUD, and conforming to all other applicable requirements.
(4)
Notwithstanding any provision in this article to the contrary, PUD designation may also be applied to lands located within a Campus-Office (C-O) District, provided such lands are comprised of at least 15 contiguous acres of property. In such event, the number of dwelling units to be constructed within such PUD shall not exceed five units per acre.
[Added 2-24-2014 by L.L. No. 2-2014[1]]
(5)
Common property.
(a)
Common property in a PUD is a parcel or parcels of land together with all improvements thereon, the use and enjoyment of which are shared by the owner and occupants of the individual building sites. Where common property exists, the ownership of such property can be either public or private. Where such property is not dedicated to the public, the owner shall provide for and establish an organization for the continued ownership and maintenance thereof. Such organization shall not be dissolved nor shall it dispose of any common property by sale or otherwise without first offering to dedicate the same to the Village.
(b)
In the event that the organization established to own and maintain common property or any successor organization shall, at any time after establishment of the planned unit development, fail to maintain the common property in reasonable order and condition in accordance with the plan, the Village Board of Trustees may serve written notice upon such organization or upon the residents and owners of the PUD setting forth the manner in which the organization has failed to maintain the common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and the place of a hearing thereon which shall be held within 14 days of the notice. At such hearing, the Village Board of Trustees may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 30 days or any extension thereof, the Village, in order to preserve the taxable values of the properties within the PUD and to prevent the common property from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space, except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the Village Board of Trustees shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common property, call a public hearing upon notice to such organization or to the residents and owners of the PUD, to be held by the Village, at which hearing such organization or the residents and owners of the PUD shall show cause why such maintenance by the Village of Pleasantville shall not, at the election of the Village Board of Trustees, continue for a succeeding year. If the Village Board of Trustees shall determine that such organization is ready and able to maintain said common property in reasonable condition, it shall cease to maintain said common property at the end of said year. If the Village shall determine that such organization is not ready and able to maintain said common property during the next succeeding year, the Village may continue to maintain said common property, subject to a similar hearing and determination in each year thereafter.
(c)
The cost of such maintenance by the Village shall be assessed equally against the properties within the PUD that have a right of enjoyment of the common property and shall become a tax lien on said properties. The municipality, at the time of entering upon said common property for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the PUD.
B.
Site and structure requirements.
(1)
Natural features, such as streams, rock outcrops, topsoil, trees and shrubs, shall be preserved and incorporated in the landscaping of the development.
(2)
Where adequate surface drainage is not possible by grading alone, a supplementary drainage system approved by the Village of Pleasantville shall be required.
(3)
To improve the quality of the environment and to reduce inconvenience during bad weather, all electrical and telephone equipment shall be installed underground.
(4)
Lot sizes and dimensions and structure heights and locations thereon may be freely disposed and arranged in conformity with the overall density standards set forth herein. Minimum lot size or frontage and maximum percentage of lot coverage are not specified herein. In reviewing any application for a PUD, the Planning Commission shall be guided by standards set elsewhere in this chapter for comparable uses and by common good planning practice, to the end that the resulting development shall be compatible with the surroundings and to assure the stability of the uses proposed to be developed on the site.
(5)
No structure shall exceed 2 1/2 stories or 30 feet in height, whichever is more restrictive, unless the Planning Commission determines that in light of design, location, topography and/or potential landscaping and screening, a height in excess thereof would not, in the exercise of its reasonable discretion, result in a significant adverse impact, provided that the height of any building shall not exceed 35 feet.
[Amended 2-24-2014 by L.L. No. 2-2014]
(6)
The right-of-way and pavement widths and lengths for internal roads serving multifamily dwellings and commercial development shall be determined from sound planning and engineering standards to be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire-fighting equipment and police or emergency vehicles. The pavement of said roads shall be not less than 24 feet wide. Dedicated streets shall be subject to all other applicable Village laws and regulations.
[Amended 2-24-2014 by L.L. No. 2-2014]
(7)
The developer shall provide all necessary water and sewer facilities, storm drainage, highway access, paved service streets, parking and loading facilities and off-street lighting, making reasonable provision for utility service connections with adjoining properties in other ownerships. Such proposed improvements shall be subject to review by the appropriate Village authority.
§ 185-26 Sketch plan approval; application.
A.
In order to allow the Planning Commission and the developer to reach an understanding on basic design requirements, at the earliest opportunity the developer shall submit a sketch plan of his or her proposal to the Planning Commission. The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following:
(1)
The disposition of various land uses and the areas covered by each, in acres.
(2)
The general outline of the interior road system and all existing and proposed rights-of-way and easements, whether public or private.
(3)
Delineation of the various residential areas indicating the number of dwelling units by each housing type: one-family detached and semidetached, townhouse and garden apartments; plus a calculation of the net density, in dwelling units per acre, for each residential area.
(4)
The interior common open space system and a statement as to how it is to be preserved as such throughout the life of any portion of the PUD and how it is to be owned and maintained.
(5)
The interior drainage system and how it is proposed to be connected to the drainage systems of adjoining areas.
(6)
Estimates of the school-age population and the possible allocation to existing and any proposed schools.
(7)
If the development is to be staged, a clear indication of how the staging is to proceed.
(8)
Evidence of how the proposal would meet the official planning objectives of the Village of Pleasantville.
(9)
Evidence that the proposal is compatible with the goals of the Village Comprehensive Plan.
(10)
Evidence in the applicant's own behalf to demonstrate his or her competence to carry out the plan and his or her awareness of the financial and organizational scope of such a project.
B.
The Planning Commission shall review the sketch plan and all related documents and shall render either a favorable report to the Village Board of Trustees or an unfavorable report to the applicant. The Planning Commission may call upon the Westchester County Planning Department, the Soil Conservation Service and any other public or private consultants that the Commission feels are necessary to provide a sound review of the proposal.
(1)
Favorable or unfavorable report.
(a)
A favorable report shall include a recommendation to the Village Board of Trustees that a public hearing be held for the purpose of considering the desirability of mapping the subject property in a PUD District. The report shall be based on the following findings, which shall be included as part thereof:
[1]
The proposal conforms to the Village Comprehensive Plan.
[2]
The proposal meets the intent and objectives of the PUD District as expressed in § 185-24A of this article.
[4]
The proposal is conceptually sound in that it meets a community need and it conforms to accepted design principles in the layout of the proposed functional roadway system in its land use configuration, open space and drainage systems and in the scale of the elements, both absolute and as they relate to one another.
[5]
There are adequate public facilities, services and utilities available or proposed to be made available in the construction of the development.
(b)
An unfavorable report shall state clearly the reason therefor and, if appropriate, point out to the applicant what might be necessary in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application with the Village for an amendment of the Zoning Map to place the subject property in a PUD District. The Village Board of Trustees may then determine, on its own initiative, whether or not it wishes to call a public hearing.
(2)
The Chairman of the Planning Commission shall certify when all of the necessary application material has been presented; and the Planning Commission shall submit its report within 62 days of such certification. If no report has been rendered after 62 days, the applicant may proceed as if a favorable report were given to the Village Board of Trustees.
§ 185-27 Application for zoning to a PUD District.
A.
Upon receipt of a favorable report from the Planning Commission or upon its own determination subsequent to an appeal from an unfavorable report, the Village Board of Trustees, in accordance with the procedures established under Article 7 of the Village Law or other applicable laws, shall set a date for and conduct a public hearing for the purpose of considering an amendment to the Zoning Map to place the subject property in a Planned Unit Development District. The public hearing shall be conducted within 62 days of the receipt of the favorable report or appeal from an unfavorable report.
B.
The Village Board of Trustees shall refer the application to the Westchester County Planning Department for its analysis and recommendations. The Village Board of Trustees shall also refer the application to other appropriate Village authorities for their review. All reports shall be submitted within 30 days.
C.
Approval of the PUD District application with any conditions shall be duly noted on the Zoning Map of the Village of Pleasantville.
D.
Planned unit development implementation shall be subject to the following: