Planned Unit Development District No. 1 is hereby established in accordance with the provisions of the Municipal Code of the Town of Thompson.

The boundary and description of Planned Unit Development District No. 1 is fully set forth in the schedule titled "Boundary and Description," which is annexed hereto and made a part hereof.[1] The boundary and description is further shown on a map and a site plan of said planned unit development, which has been approved and is duly filed with the Town Clerk of the Town of Thompson and known as "Gottlieb & Smith Job No. 8417, dated July 10, 1984."

The purpose of this Part 2 is to establish, in accordance with the Comprehensive Plan of the Town of Thompson, a well-integrated and coordinated Planned Unit Development District which is sufficiently flexible to permit an orderly development responsive to the needs of the community and regulated to protect and safeguard the health, safety and welfare of the inhabitants thereof and adjacent thereto with a view to conserving the value of buildings and encouraging the most appropriate use of land in the district.

No buildings or other structures or land shall be located or used in Planned Unit Development District No. 1 except for:

Nothing contained in this Part 2 shall prohibit the maintenance of the 104.3 acres within the Planned Unit Development District (Phases 1, 2 and 3) in single ownership or, conversely, the transfer of ownership of individual dwelling units and land areas, provided that there shall be maintained, by way of owner associations, joint ownership, contracts, easements or permanent agreements, the required standards as set forth in this Part 2 for the use and benefit of the inhabitants thereof.

The certificates of occupancy to be issued hereunder shall permit year-round use of a planned unit development.

Development of Phase 3 must start within three years of the date of adoption of this amended planned unit development and must be completed within a reasonable time; it must be consistent with the spirit and intent of this Part 2, and all plans must be prepared with competent professional advice.

Nothing herein shall prevent the provision by the person(s), firm(s) or corporation(s) who or which develops the district (the developer) for use of certain recreational facilities lying within the Planned Unit Development District by others who do not reside within the district, specifically, the tennis courts and swimming pool complex may be used by residents outside of the planned unit development complex; no other use by outside residents is permitted. In no event shall such recreational facilities be subject to use by more than 249 family units, all of whom shall reside within the bounds of a parcel of land of 213 acres, plus or minus, conveyed by Joyce Geller to Jeno Berger and Fanny Berger by a deed recorded in the Sullivan County Clerk's office in Deed Liber 1078 at page 25.

In cases where the developer has designed special groups of types of dwelling not conforming to the provisions of this Part 2, the Zoning Board of Appeals, after referral to and report by the Planning Board, may approve such nonconformity, provided that the average density does not increase and further provided that the layout is not detrimental to the health and welfare of the community.

Unless otherwise specifically provided and to the extent that they are not inconsistent with this Part 2, all provisions of the Municipal Code of the Town of Thompson shall apply to this Planned Unit Development District.

The Town Clerk is hereby authorized and directed to change the Official Zoning Map of the Town of Thompson by designating thereon the Planned Unit Development District hereby established.