Somerset Town City Zoning Code
ARTICLE XV
Planned Unit Development PUD District
[Amended 6-13-2000 by L.L. No. 2-2000]
§ 205-53 General regulations.
[Amended 5-14-2013 by L.L. No. 2-2013]
It is the intent of the PUD District to provide greater flexibility and opportunity for the development of mixed uses in specific areas of the Town. Innovative design and creative use mixes are encouraged to offer the potential for a sustainable development that can provide the economic and service base consistent with the objectives of the Somerset Comprehensive Plan. In addition, the PUD District is intended to encourage imaginative ways of accommodating environmental considerations and conservation into the development plan to strike a balance of physical features, environmental responsibility and development opportunity. The PUD District is a "floating zone," which can be applied through a rezoning application, to a property or properties within the Town. The Town, in determining whether to allow the use of the PUD District, shall consider the Town's Comprehensive Plan and the objectives of this district.
A.
A requisite of the PUD District is the planning of the entire site of integrated uses (human, physical and environmental) to redefine land use concepts into a consolidated, coordinated group that offers new approaches to community development. Therefore, instead of traditional zoning and subdivision requirements and standard development review procedures, this section establishes new procedures for the review and consideration of a proposal for a PUD District.
B.
An application for any development within an existing PUD District and any proposed new PUD District must promote and adhere to most of the following objectives:
(1)
Present a varied choice of the type of environment, tenure, types and costs of housing, commercial uses, economic opportunities and/or recreation and community facilities that exist within the Town.
(2)
Offer a more efficient and economic arrangement of land uses, traffic circulation, utilities, open space and services that would lessen the cost and maintenance of the development.
(3)
Incorporate uses and facilities that consolidate infrastructure and ancillary services to encourage self-sufficiency of the ultimate development.
(4)
Integrate the comprehensive design of stormwater management drainage, flood control and open space into the development plans.
(5)
Provide for the safe and adequate conveyance of trucks, automobiles, pedestrians and bicyclists consistent with public safety and the capacity of the existing transportation system.
(6)
Extend and enhance the usable recreation and open space in the community via size, location, diversity and suitability for use.
(7)
Preserve the physical features of the area to the greatest extent possible, including the natural topography, soils, woodlands, vegetation, marshlands, floodplains and geologic features of the landscape.
(8)
Offer a creative use of land and existing natural elements to provide an orderly transition from adjacent area uses to the proposed development and, where such a transition cannot be fulfilled, incorporate buffering and landscaping to enhance this transition.
(9)
Achieve a balance of natural and developmental elements to complement the surrounding environment and provide a succession of land uses within the development area.
(10)
In the coastal area, promote the use and access to the waterfront consistent with the resources of the area and its environmental sensitivities.
(11)
Provide a consistent and unified architectural design theme or concept for the site and its elements to produce a cohesive visual appearance throughout the development.
(12)
Create a more desirable development atmosphere than would be possible through the strict application of other sections of this Zoning Ordinance.
(13)
Offer a development pattern in harmony with and in furtherance of the Town of Somerset Comprehensive Plan.
§ 205-54 Objectives.
A.
A requisite of the PUD District is the planning of the entire site of integrated uses (human, physical and environmental) to redefine land use concepts into a consolidated, coordinated group that offers new approaches to community development. Therefore, instead of traditional zoning and subdivision requirements and standard development review procedures, this section establishes new procedures for the review and consideration of a proposal in the PUD District.
B.
An application for any development within an existing PUD District or any proposed new PUD District must promote and adhere to the following objectives:
(1)
Present a varied choice of the type of environment, tenure, types and costs of housing, commercial uses, economic opportunities and/or recreation and community facilities that exist within the Town.
(2)
Offer a more efficient and economic arrangement of land uses, traffic circulation, utilities, open space and services that would lessen the cost and maintenance of the development.
(3)
Incorporate uses and facilities that consolidate infrastructure and ancillary services to encourage self-sufficiency of the ultimate development.
(4)
Integrate the comprehensive design of stormwater management drainage, flood control and open space into the development plans.
(5)
Provide for the safe and adequate conveyance of trucks, automobiles, pedestrians and bicyclists consistent with public safety and the capacity of the existing transportation system.
(6)
Extend and enhance the usable recreation and open space in the community via size, location, diversity and suitability for use.
(7)
Preserve the physical features of the area to the greatest extent possible, including the natural topography, soils, woodlands, vegetation, marshlands, floodplains and geologic features of the landscape.
(8)
Offer a creative use of land and existing natural elements to provide an orderly transition from adjacent area uses to the proposed development and, where such a transition cannot be fulfilled, incorporate buffering and landscaping to enhance this transition.
(9)
Achieve a balance of natural and developmental elements to complement the surrounding environment and provide a succession of land uses within the development area.
(10)
In the coastal area, promote the use and access to the waterfront consistent with the resources of the area and its environmental sensitivities.
(11)
Provide a consistent and unified architectural design theme or concept for the site and its elements to produce a cohesive visual appearance throughout the development.
(12)
Create a more desirable development atmosphere than would be possible through the strict application of other sections of this Zoning Ordinance.
(13)
Offer a development pattern in harmony with and in furtherance of the Town of Somerset Comprehensive Plan.
§ 205-55 Permitted uses.
[Amended 5-14-2013 by L.L. No. 2-2013]
A.
Uses and structures permitted in the PUD District are as follows:
(1)
Principal and special permit uses and structures including farm-related activities and other activities as permitted in the RLS Lake Shore Residential District, R-2 Single- and Two-Family Residential District, B Business District, GI General Industrial District and I Industrial District or similar uses as determined by the Planning Board and related accessory uses.
(2)
Permitted uses shall provide a mixture of activities, open space, services and infrastructure to provide a multiuse development designed as a cohesive development and planned as a consolidated entity. The development may contain a mixture of business/industrial type uses and residential uses, or can contain just a mixture of business/industrial type uses. It is not the intent of the Somerset PUD zoning to only create a mixture of business and residential uses. Approved concept and development plans are required for the entire area.
(3)
Accessory uses and structures as permitted in the RLS, R-2, B, GI and I Districts.
B.
Dimensional and developmental requirements.
(1)
Area. The minimum area designated for establishment of a PUD District shall be 10 acres. The minimum area eligible for addition to any existing PUD District for the expansion of that district shall be two acres, subject to the approval of the Planning Board for infrastructure and coordination of area development.
(2)
Lot size and yard requirements: If creating lots within the proposed PUD, the minimum lot designated for any eligible use shall generally be as required for the district in which it is allowable (RLS, R-2, B, GI or I Districts). However, clustering and innovative grouping of structures for site design and protection of open space or natural features is encouraged and eligible for approval through the PUD rezoning process rather than through strict adherence to the lot setback, width and yard requirements (no variances would be needed by the Zoning Board of Appeals).
(3)
Height. The maximum height of any structure shall be set by the approved plan.
(4)
Landscape and open space. There shall be a minimum of 25% open space for the entire development, which shall be exclusive of stormwater management areas, roadways, driveways, buildings, paved surfaces of parking areas, and utility facilities. Such areas may be left in a natural state or landscaped for aesthetics or functional use. Landscaped and open space areas shall be designed to coordinate development uses, buffer dissimilar uses, protect natural and environmental features, separate buildings, prevent erosion and accommodate drainage, ensure proper light and ventilation around buildings and/or link development elements.
(5)
Public facilities. There shall be the provision of adequate public facilities to accommodate the proposed development, including sanitary sewerage, potable water and roadways sufficient in size and design in accordance with local and state standards. Appropriate sites suitable for fire protection shall be identified and offered for dedication to the Town.
(6)
Streets. All streets, rights-of-way, entrances and circulation drives shall conform to the Town of Somerset Highway Construction Standards (Chapter 114) and as regulated by the New York Department of Transportation for state highways and their entry, Niagara County Department of Public Works for county highways and their entry and the Somerset Highway Department for Town roads and their entry.
(7)
Parking. Minimum parking for each use shall be as required in Article XIV for that individual activity. Multiuse parking facilities are encouraged, and the total required spaces shall be reduced up to 15% for those required for the separate uses due to the shared nature of the multiuse plan. Parking spaces shall be a minimum of nine feet by 18 feet with a twenty-foot aisle for circulation. There shall be at least 25% of each parking area reserved for open space and properly landscaped to interrupt the continuity of paved surface [which shall be countable as open space under the requirements listed in Subsection B(4) above]. All parking lots shall be paved with asphalt or an equivalent permanent surface, curbed and properly drained.
(8)
Use limitation. The following uses shall be prohibited in the PUD District:
(a)
Uses that produce earth jarring, vibration or noise beyond the structure within which the use is contained.
(b)
The storage, sale, distribution or use of hazardous materials or their by-products; or the storage of any material which would unreasonably increase the risk of fire hazard to adjoining buildings.
(c)
Any use or process which would cause the emission of noxious odors or gases beyond the building, constituting a nuisance to adjacent structures or potentially injurious to nearby occupants or property.
(d)
Activities which produce smoke, fly ash, dust, dirt, fumes or stack emissions that exceed state air quality regulations.
(e)
Fugitive dust. There shall not be discharged locally from any operation on any lot: fly ash, dust, dirt, smoke, vapor or gas that results in an unsightly condition or could result in damage to the public health, animals or vegetation or that exceeds the approved regulatory standards of state or federal permitting agencies.
(f)
Outdoor storage of junk, refuse, trash, secondhand materials or abandoned automobiles.
(g)
Any industrial wind energy conversion system as defined by § 205-11BB.
[Added 1-29-2018 by L.L. No. 1-2018]
§ 205-56 Application and procedures.
[Amended 5-14-2013 by L.L. No. 2-2013]
A.
Preapplication conference. Each proposal for the rezoning of an area to PUD or the potential development of an existing PUD (that does not have an approved plan or has requested a modification to an approved plan) shall be scheduled with the Code Enforcement Officer and other Town officials as appropriate.
B.
Sketch plan.
(1)
The applicant shall prepare and submit a sketch of the conceptual development of the site and the primary components to be included in the development.
(2)
The sketch shall be prepared on a survey of the property(ies) involved and of sufficient scale to demonstrate the major natural features, roads, proposed circulation, development elements and the conceptual areas proposed for the project.
(3)
The sketch shall be submitted to the Code Enforcement Officer as a preliminary indication of intention to develop and the initiation of the development review process.
(4)
The Code Enforcement Officer, upon receipt of the conceptual development sketch, shall immediately notify the Town Board and Planning Board of such plan in writing. Preliminary consideration of such sketch shall take place at the next meeting of each of the Boards.
(5)
Based on input by the Planning Board and others, the Town Board will decide whether the PUD rezoning request would be entertained (authorized to move forward in the process). If entertained, the applicant can proceed to the next steps. Entertainment of the application by the Town Board does not bind the Town Board to approve the PUD.
C.
Development plan. Upon successful consideration of the sketch concept plan, and if the applicant chooses to proceed, a development plan shall be submitted to identify proposed uses on the site in accordance with the following (this development plan, if approved, would represent the zoning of the site):
(1)
One map at a scale of one inch equals 200 feet or greater identifying the property boundaries, existing structures, adjacent uses and road systems, topography at five-foot intervals, existing natural features, drainage features, wetlands, floodplains, and coastal and other environmental features.
D.
Proposed land uses, acreage of each and estimated development densities (dwelling units, approximate square footage of buildings, etc.). In addition to the development plan, the applicant shall submit the following information to assist with the review of the PUD designation:
(1)
Proposed access and circulation and their connection to the highway system; primary pedestrian and bicycle circulation.
(2)
Existing and proposed water and sewer systems to serve site development, their connections to the municipal system and the adequacy of that system to accommodate proposed flows.
(3)
Preliminary grading implication for proposed development, stormwater management drainage and erosion and any development impact on floodplains, floodways and wetlands.
(4)
Preparation of a State Environmental Quality Review Act environmental assessment form (Part 1) for the proposed development and any necessary backup/supplemental information needed.
(5)
Treatment of major open space areas and primary landscape forms.
(6)
Sketches of typical structures and development elements to identify the basic concepts and the architectural approach to be used.
(7)
Any additional information requested by the Planning Board or Town Board.
E.
Planning Board review. A development plan and other information received by the Town Code Enforcement Officer shall be sent to the Town Engineer, Highway Superintendent and such other agencies or Town officials as appropriate for review and recommendation. The Code Enforcement Officer shall forward all documents and comments to the Planning Board for its review. Within 62 days of submission of complete documentation to the Planning Board, the Planning Board shall review and make a finding that the application complies fully with the applicable regulations and standards prescribed by this chapter or, absent compliance, is recommended for approval with modifications, returned to the applicant for amendments to the development plan or disapproved. The Town Board and the applicant shall be notified of the Planning Board's determination and any basis for its findings.
F.
Town Board determination. Upon receiving a recommendation for approval from the Planning Board or upon receipt of any application to the Town Clerk following a Planning Board recommendation other than approval, the Town Board shall schedule a public hearing in accordance with its procedures (rezoning of property) to consider the development plan submitted. The Town Board shall make a determination and decision on the development plan within 62 days of the public hearing (this time period does not begin unless the SEQRA process is completed), considering the regulations and the objectives of the PUD contained therein; the report of the Planning Board in its deliberations; the comments from the public hearing; the SEQRA process and any pertinent documentation; and the protection of the public health, safety and welfare. A decision by the Town Board on the approval or amendment of a PUD or the approval of a development plan shall constitute a zoning determination (a rezoning of the property–local law revision) and include the same rights and obligations of a zoning matter. The development plan shall become an amendment to the zoning classification for the designated properties and thereby modify the Town Zoning Map and the eligible uses appropriately. The modification of the development plan, once approved by the Town Board, is through the same process in which it was originally approved.
G.
Development plan implementation. Upon approval of a development plan (rezoning to PUD) by the Town Board, specific site development approval may then proceed in accordance with the approved PUD plan, and the standard review requirements of the Somerset Zoning Ordinance. (Applications can be made to the Town for site plan and, if necessary, subdivision approval.) The applicant can proceed with approval and development of the entire PUD, or the applicant can apply for any portion of the development area designated by the approved development plan. These applications shall be submitted consistent with the regulations and procedures of Town site plan review and, if applicable (creating subdivision lots), Chapter 171, Subdivision of Land.
H.
Proposed development shall be generally consistent with the approved PUD plan as determined by the Planning Board.