Town Of Boston City Zoning Code
ARTICLE XII
Planned Unit Development
§ 123-55 Statement of intent and objectives.
A.
It is the intent of this Article regulating planned unit developments (PUD's) to provide performance criteria in the context of flexible use and design regulations so that small-to-large-scale residential neighborhoods may be developed, within designated districts, incorporating a variety of residential types and nonresidential uses and containing both 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.
B.
This Article specifically encourages innovation 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 by the conservation and more efficient use of land in such developments. 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 preregulation, regulatory rigidity and uniformity which may be inimical to the techniques of land development concept. Further, this Article recognizes that a rigid set of space requirements, along with bulk and use specifications, would frustrate the application of the planned unit development concept. Thus, where PUD techniques are deemed appropriate through the rezoning of land to a planned unit development by the Town Board, the set of use and dimensional specifications otherwise set forth in this chapter are herein replaced by an approved process in which an approved plan with proper rezoning becomes the basis for continuing land use controls during the development period.
C.
In order to carry out the intent of this Article, a PUD shall achieve the following objectives:
(1)
A maximum choice in the types of environment; occupancy; tenure, e.g., cooperatives, individual ownership, condominium and leasing; types of housing; lot sizes; and community facilities available to Town residents at all economic levels.
(2)
More usable open space and recreation areas.
(3)
More convenience in location of accessory commercial and service areas.
(4)
A development pattern which preserves trees, outstanding natural topography and geologic features and prevents soil erosion.
(5)
A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses.
(6)
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs.
(7)
A development pattern in harmony with the objectives of the Comprehensive Development Plan.
(8)
A more desirable environment than would be possible through the strict application of the provisions of this chapter as a whole.
§ 123-56 General requirements and standards.
A.
Under normal circumstances, the minimum area required to qualify for a planned unit development shall be 100 contiguous acres of land. Where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this new section, the Planning Board may consider projects with less acreage only if contiguous to an existing PUD District.
B.
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 shall be binding on all owners.
C.
The PUD shall be applicable to any area of the Town, except those areas zoned for commercial, industrial or land conservation purposes, where the applicant can demonstrate that the characteristics of his holding will meet the objectives of this Article.
D.
The following shall be permitted uses:
(1)
Dwelling units in detached, semidetached, attached, clustered or multistoried structures or a combination thereof.
(2)
Commercial uses, where such uses are scaled primarily to serve the residents of the PUD, such as retail sales, personal service stores, professional offices, banks and brokerage offices.
(3)
Public and private institutional recreational facilities.
(4)
Office uses.
E.
Residential density and standards.
(1)
The total number of dwelling units allowed shall not be more than four times the number of gross acres in the development. Gross acres shall be calculated based upon developable land (land on which buildings may be constructed). Gross acres shall exclude wetlands, streams, etc.
(2)
At least 30% of the total number of dwelling units within any PUD will be single-family detached or semidetached structures. Where the applicant demonstrate that the characteristics of his holding will meet the objectives of this Article, the Planning Board may consider projects with less than 30% single-family or semidetached structures; provided, however, that where a higher percentage of single-family detached or semidetached structures is necessary to meet the objectives of this Article, the Planning Board may require such higher percentage.
(4)
At least 25% of the total planned unit development area shall be left in landscaped open spaces or open spaces left in their natural state. Said open spaces or areas may be retained as common property, as defined herein or, if permitted by the Town Board, conveyed to the Town of Boston for public use. The Planning Board may require as much as 15% of the total common open space to be maintained in the form of suitably equipped play areas or a fee to be paid in lieu thereof to the Recreation Trust Fund.
(5)
Floodplains and natural or man-made drainage areas may be conveyed to the Town of Boston, if permitted by the Town Board.
(6)
All multifamily uses must provide adequate landscaping, with at least one approved tree per dwelling unit.
(7)
An adequate buffer strip shall be provided between residential and nonresidential uses, between residential uses and state or County uses and between the planned unit development and contiguous residential zones. The buffer strip shall be landscaped with grass, shrubs, trees [at least five feet in height] or other suitable ground cover. A buffer strip of 100 feet is deemed adequate except in cases where variations in topography dictate otherwise.
(8)
The developer shall provide all necessary water and sewer facilities, storm drainage, highway access, paved service streets, parking and loading facilities and off-streetlighting, making reasonable provision for utility service connections with adjoining properties in other ownerships. Such proposed improvements shall be subject to review by the Town of Boston.
(9)
The developer shall provide the Town with a thorough study showing the project's impact on schools and public services, including the tax generation of the project and, further, an analysis of the needs for schools and public services.
F.
Commercial density and standards.
(1)
Commercial uses may be permitted or required where such uses and size are scaled to serve the residents of the PUD. In no case can the size of the commercial area exceed 10% of the total PUD area. No commercial use shall be permitted in a residential area.
(2)
Parking areas serving commercial uses shall be provided in accordance with Article XVIII of this chapter.
(3)
Signs shall be constructed as provided in the ordinances and laws of the Town of Boston. However, no pedestal signs shall be allowed, and all signs shall be attached and parallel to the front of the building and below the roofline as defined in the ordinances of the Town of Boston.
G.
Common property.
(1)
"Common property" in a PUD is a parcel or parcels of land, together with improvements thereon, the use and enjoyment of which are shared by the owner-occupants of the individual building sites. Where such property exists, the landowner shall provide for and establish an organization for the ownership and maintenance of any common property. Such organization shall not be dissolved, nor shall it dispose of any common property by sale or otherwise.
(2)
Individual landowners in the PUD may not use any portion of common property to increase their lot size in order to qualify for uses under this chapter.
(3)
In reviewing the organization for the ownership and maintenance of any common property, the Planning Board shall consider the following:
(a)
The time when the organization is to be created.
(b)
Mandatory or automatic nature of membership in the organization by residents.
(c)
The permanence of common property safeguards.
(d)
The liability of the organization for insurance, taxes and maintenance of all facilities.
(e)
Provision for pro rata sharing of costs and assessments.
(f)
The capacity of the organization to administer common facilities.
§ 123-57 Site and construction requirements.
A.
Where feasible, natural features such as streams, rock outcrops, marshlands, topsoil, trees and shrubs shall be preserved and incorporated into the landscaping of the development.
B.
Where adequate surface drainage is not possible by grading alone, a supplementary drainage system approved by the Town of Boston shall be required. On-site management of surface drainage shall be planned so that there shall be no greater runoff during and following construction than prior to commencement of construction. Lawn and yard areas shall be adequately drained to permit normal use and maintenance.
C.
To improve the quality of the environment and to reduce inconvenience during bad weather, the underground installation of all utilities and telephone equipment shall be required.
D.
Lot sizes and dimensions. Locations and structures thereon may be freely disposed and arranged to conform to the overall density standards herein. Minimum lot size or frontage and, except for office uses, maximum percentage of lot coverage are not specified herein. In reviewing any application for a planned unit development, the Planning Board may be guided by the standards set forth elsewhere in this chapter for comparable uses and by common good planning practices, to the end that the resulting development shall be compatible with the surroundings and assure the stability of the uses proposed to be developed on the site.
E.
The right-of-way and pavement widths for internal roads serving multifamily, single-family dwellings and commercial developments shall be determined from sound planning and engineering standards to conform to the estimated needs of the proposed full development and the traffic to be generated thereby. The pavement of said roads shall be not less than 20 feet wide, and said roads shall 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. In such instances, the Town Board must approve deviations from the highway specifications of the Town of Boston upon recommendations of the Town Engineer.
F.
The developer shall provide all necessary water and sewer facilities, storm drainage, highway access, paved service streets, parking and loading facilities and off-streetlighting, making reasonable provisions for utility service connections with adjoining properties in other ownerships. Such proposed improvements shall comply with Town standards and shall be subject to review and approval by the appropriate Town authority.
G.
Nonresidential uses within the planned unit development must be located so as to be amenable to nearby residential uses. Such uses, including parking and loading areas, must be adequately screened and buffered where adjacent to residential development.
H.
Other laws. Except as otherwise provided herein, all laws, ordinances, rules and regulations applicable to the particular district and the use and type of the land and buildings involved shall be applicable; provided, however, that the Town Bard may modify the same so as to be in harmony with the general concept of planned unit development.
§ 123-58 Application and approval process.
A.
Application for sketch plan approval. In order to allow the Planning Board and the developer to reach an understanding on basic design requirements, at the earliest opportunity the developer shall submit a sketch plan of his proposal to the Planning Board. 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 information:
(1)
The location of various land uses and their areas in acres.
(2)
The general outline 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 of dwelling units by each housing type, e.g., single-family detached, townhouse and garden apartments, plus a calculation of the residential density in dwelling units per gross acre for each residential area.
(4)
The interior open space system.
(5)
The interior drainage system.
(6)
A map or maps of present site conditions that includes topography at contour intervals of five feet or less, streams or watercourses, together with their classification if any, under the State Stream Protection Law, and soil information as mapped by the United States Soil Conservation Service or the equivalent, with soil legends and interpretations showing susceptibility to erosion, flooding or ponding and soil suitability for the proposed uses.
(7)
A general description of the provision of other community facilities, such as schools, fire protection services, cultural services, if any, and some indication of how these needs are proposed to be accommodated.
(8)
A statement as to how common and open space is to be owned and maintained.
(9)
A clear indication of how staging of the development is to proceed.
(10)
A location map showing uses and ownership of abutting lands.
(11)
Evidence that the proposal is compatible with the goals of the Comprehensive Development Plan.
(12)
Evidence 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.
(13)
Principal ties to the community at large with respect to transportation, water supply and sewage disposal.
(14)
General elevation plans of all buildings or types of buildings, with an indication of the type of architecture to be used.
(15)
The legal description of the property.
B.
The Planning Board shall review the sketch plan and its related documents and shall render either a favorable report to the Town Board or an unfavorable report to the applicant. The Planning Board may call upon the County and Regional Planning Boards, the Erie County Soil and Water Conservation District, the Boston Conservation Advisory Council and any other public or private consultants that it feels are necessary to provide a sound review of the proposal.
(1)
A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering planned unit development. It shall be based on the following findings, which shall be included as part of the report:
(a)
The proposal conforms to the purpose of the Comprehensive Plan.
(b)
The proposal meets the intent and objectives of planned unit development as expressed in § 123-55.
(d)
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 one to another.
(e)
There are adequate services and utilities available or proposed to be made available in the construction of the development.
(2)
An unfavorable report shall state clearly the reasons 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 for planned unit development with the Town. The Town Board may then determine on its own initiative whether or not it wishes to call a public hearing.
C.
The Chairman of the Planning Board shall certify when all the necessary application material as required under this section has been presented to the Board, and the Planning Board shall submit its report within 60 days of such certification. If no report has been rendered after 60 days, the applicant may proceed as if a favorable report were given to the Town Board.
§ 123-59 Application for zoning.
A.
Upon receipt of a favorable report from the Planning Board or upon its own determination subsequent to an appeal from an unfavorable report, the Town Board shall set a date for and conduct a public hearing for the purpose of considering planned unit development and proper rezoning for the applicant's plan in accordance with the procedures established under the Town Law or other applicable laws, said public hearing to be conducted within 45 days of the receipt of the favorable report or appeal from an unfavorable report.
B.
The Town Board shall refer the application to the appropriate Town authorities for their review and recommendations. The appropriate Town authorities shall submit a report to the Town Board within 30 days of referral, duly noting the feasibility and adequacy of those design elements under their sphere of interest. This report need only concern itself with general conceptual acceptances or disapproval, as the case may be, and in no way implies any future acceptance or rejection of detailed design elements as will be required in the later site plan review stage. The appropriate Town authorities may also state in their report any other conditions or problems that must be overcome before consideration of acceptance on their part.
C.
If the Town Board grants the planned unit development, the Zoning Map of the Town of Boston shall be so notated with the appropriate changes. 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; availability 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.
§ 123-60 Preliminary site plan approval.
A.
Application for preliminary site plan approval shall be to the Planning Board. The application shall be accompanied by the following information, prepared by a planner or landscape architect or architect or engineer.
(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 at not more than five feet of elevation.
(3)
A preliminary site plan containing the following information:
(a)
The title of the drawing, including the name and address of the applicant.
(b)
North point, scale and date.
(c)
Boundaries of the property, plotted to scale.
(d)
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, play-grounds and open reservations, with provisions for preservation of natural features; the location of outdoor storage, if any; the location of all existing or proposed site improvements, including drains, culverts, ponds, retaining walls and fences and erosion-control structures; a description of the method of controlling erosion and sedimentation both during and after development; a description of the method of sewage disposal (all methods of sewage disposal must meet all state and County requirements; 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.
(4)
Approximate final grading of lots, open areas, play-grounds and commercial areas.
(5)
A development schedule (staging) indicating:
(a)
The approximate date when construction can be expected to begin.
(b)
A balanced plan of staging and the approximate date when construction of each stage can be expected to begin.
(c)
The anticipated rate of development.
(d)
The approximate dates when the development of each of the stages will be completed.
(e)
The area and location of open space that will be provided at each stage.
(6)
Agreements, provisions or covenants which govern the use, maintenance and continued protection of the planned unit development and any of its open spaces.
B.
Factors for consideration.
(1)
The Planning Board's review of a preliminary site plan shall include but not be limited to the following standards:
(a)
General standards.
[1]
The planning unit development plan shall provide for an effective and unified treatment of the development possibilities of the site, making appropriate provision for the preservation of scenic features and amenities of the site and the surrounding area.
[2]
The planned unit development shall be planned and developed to harmonize with any existing or proposed development in the area surrounding the site.
(b)
Building design standards.
[1]
All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and blocks.
[2]
Individual buildings shall generally be related to each other in design, masses, materials, placement and connections to provide a visually and physically intergrated development.
[3]
Treatment of the sides and rear of all buildings within the planned unit development shall be comparable in amenity and appearance to the treatment given to street frontage of these same buildings.
[4]
The design of buildings and the parking facilities shall take advantage of the topography of the site, where appropriate, to provide separate levels of access.
[5]
All building walls shall be so oriented as to ensure adequate light and air exposures to the rooms within.
[6]
All buildings shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities, wherever possible, and shall be so oriented as to preserve visual and audio privacy between adjacent buildings.
[7]
All buildings shall be arranged so as to be accessible to emergency vehicles.
(c)
Landscape design standards.
[1]
Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire site.
[2]
Primary landscape treatment shall consist of shrubs, ground cover and street trees and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to local growing conditions.
[3]
Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.
[4]
All streets bordering or within the project area shall be planted at appropriate intervals with street trees.
(d)
Open space design standards. No open area may be accepted as open space under the provisions of this chapter unless it meets the following standards:
[1]
The location, shape, size and character of the open space must be suitable to the planned unit development.
[2]
Open space must be used for amenity or recreational purposes. The uses authorized for the open space must be appropriate to the scale and character of the planned unit development, considering its size, density, expected population, topography and the number and types of dwellings to be provided.
[3]
Open space must be suitably improved for its intended use, but open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the open space must be appropriate to the uses which are authorized for the open space.
[4]
The development schedule which is part of the final site plan must coordinate the improvement of the open space, the construction of buildings, structures and improvements in the open space and the construction of residential dwellings.
[5]
All land shown on the final site plan as open space must be maintained and used for said purpose.
(e)
Circulation system design standards.
[1]
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.
[2]
Roads, pedestrian walks and open spaces shall be designed as an integral part of an overall site design and shall be properly related to existing and proposed buildings and appropriately landscaped.
[3]
There shall be an adequate amount, in a suitable location, of pedestrian walks, malls and landscaped spaces to limit pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls and public transportation loading places from general vehicular circulation.
[4]
Buildings and vehicular circulation shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
[5]
Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.
[6]
The location and design of pedestrian walks should emphasize desirable views of new and existing development.
[7]
The maximum separation of private automobiles and service vehicles may be required through the use of separate service lanes.
[8]
Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance and easily maintained and indicative of their function and shall comply with other laws, ordinances, rules and regulations wherever applicable thereto.
(f)
Parking and loading design standards.
[1]
The Town Board may require that parking facilities be landscaped and screened to the extent necessary to eliminate unsightliness and monotony of parked cars.
[2]
Pedestrian connections between parking areas and buildings shall be via pedestrian walkways and/or elevators.
[3]
Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access and shall be developed as an integral of an overall site design.
[4]
Above-grade loading facilities shall be screened from public view to the extent necessary to eliminate unsightliness.
(g)
Where adequate drainage is not possible by grading alone, a supplementary drainage system approved by the Town of Boston shall be required. On-site management of surface drainage shall be planned so that there shall be no greater runoff during and following construction than prior to commencement of construction. Lawn and yard areas shall be adequately drained to permit normal use and maintenance.
(h)
Adequacy of structures, roadways and landscaping in areas with moderate-to-high susceptibility to flooding and ponding and/or erosion.
(i)
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(j)
Conformance with other specific changes of the Town Board which may have been stated in the zoning resolution.
(2)
In its review, the Planning Board may consult with any Town and County officials as well as with representatives of federal and state agencies, including the Soil Conservation Service and the New York State Department of Conservation. The Planning Board may require that exterior design of all structures be made by or under the direction of a registered architect, professional planner or engineer, whose seal shall be affixed to the plans. The Planning Board may also require such additional provisions and conditions as appear necessary for the public health, safety and general welfare.
C.
Within 90 days of the receipt of the application for preliminary site plan approval, the Planning Board shall act on it. If no decision is made within said ninety-day period, the preliminary site plan shall be considered conditionally approved. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is conditionally approved. A copy of the appropriate minutes of the Planning Board shall be a sufficient report.
D.
The Planning Board's statement may include recommendations as to desirable revisions to be incorporated into the final site plan, conformance with which shall be considered a condition of approval. Such recommendations shall be limited, however, to siting and dimensional details within general use areas and shall not significantly alter the sketch plan as it was approved in the zoning proceedings.
E.
If the preliminary site plan is disapproved, the Planning Board's statement shall contain the reasons for such finding. In such a case, the Planning Board may recommend further study of the site plan and resubmission of the preliminary site plan to the Planning Board after it has been revised or redesigned.
F.
No modification of existing stream channels, filling of lands with a moderate-to-high susceptibility to erosion or excavation for and construction of site improvements shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of this chapter, and, where necessary, final site plan approval may require the modification or removal of unapproved site improvements.
G.
Request for changes in sketch plan by either party. If in the site plan development it becomes apparent that certain elements of the sketch plan as it has been approved by the Town Board are unfeasible and in need of significant modification, the applicant shall then present his solution to the Planning Board as his preliminary site plan in accordance with the above procedures. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the site plan shall be considered as disapproved. The developer may then, if he wishes, produce another site plan in conformance with the approved sketch plan. If an affirmative decision is reached, the Planning Board shall so notify the Town Board, stating all of the particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary site plan approval may then be given only with the consent of the Town Board.
§ 123-61 Final site plan approval.
A.
After receiving approval from the Planning Board on a preliminary site plan and approval for all necessary permits and curb cuts from state and County officials, the applicant may prepare his final detailed site plan and submit it to the Planning Board for final approval, except that, if more than 12 months have elapsed between the time of the Planning Board's report on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
B.
The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It should incorporate any revisions or other features that may have been recommended by the Planning Board and/or the Town Board at the preliminary review.
C.
A plan submitted for final approval must be in substantial compliance with the plan previously given preliminary approval unless said modifications are approved by the Town Planning Board.
D.
Within 60 days of the receipt of the application for final site plan approval, the Planning Board shall render a decision to the applicant and so notify the Town Board. If no decision is made within the sixty-day period, the final site plan shall be considered approved.
(1)
Upon approving an application, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Code Enforcement Officer and the Town Board. A building and public improvement permit shall be issued if the project conforms to all other applicable requirements.
(2)
Upon disapproving an application, the Planning Board shall so inform the Code Enforcement Officer. The Planning Board shall also notify the applicant and the Town Board, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
(3)
No building permit shall be issued by the Code Enforcement Officer for any stage of development as outlined and approved in the final site plan application until prior stages have been completed as determined by the Town Board upon recommendation of the Town Engineer and Code Enforcement Officer.
§ 123-62 Petition for review.
At any time following approval of development plans, including the issuance of permits for any part thereof, the applicant may petition for review in detail of the previously approved plan, stating his reasons therefor. Such reasons may be based upon such considerations as, but not limited to, changing social or economic conditions, suggested improvements to layout or design features or unforseen difficulties or advantages, such as site conditions, state or federal projects or statutory changes, which may mutually affect the interests of the applicant and the Town. The Planning Board, upon finding that such petition and reasons are reasonable and valid, may reconsider the design of the planned unit development and shall follow, in full, the procedure and conditions herein required for original submittal.
§ 123-63 Performance guaranties.
A.
As a condition of final approval, the Town Board shall require the posting of such performance guaranties as it deems necessary to insure the installation of the improvements. Said performance guaranty shall be for a period of time to be determined by the Town Board. The amount of the performance guaranty may be reduced by the Town as portions of the required improvements have been completed.
B.
All such improvements shall be subject to the approval of the appropriate authority.
C.
A planned unit development may be divided, subdivided or resubdivided for purposes of sale after completion, provided that:
(1)
If the division, subdivision or resubdivision will create a new plot line, the applicant shall make application to the Town Board for the approval of the division, subdivision or resubdivision. The Town Board may approve the division, subdivision or resubdivision if each section of the divided, subdivided or resubdivided planned unit development meets the provisions of the zoning district in which the development is located and complies with the planned unit development requirements.
(2)
Unless otherwise provided by the Town Board in its approval, all sections of divided, subdivided or resubdivided planned unit development are to be controlled by a final planned unit development plan.
(3)
The owners of a divided, subdivided or resubdivided planned unit development shall jointly make application for the amendment to the approved final development plan.