Encourage land development that preserves the natural landscape and existing vegetation to the greatest extent possible;

Reduce impacts to environmentally, historically and culturally sensitive areas;

Provide for the preservation and creation of open spaces, recreational spaces and other public spaces and make them accessible to residents;

Allow for a variety of housing types and densities, neighborhood retail and services establishments, and public and recreational facilities to coherently exist within the same development as a community;

Promote the efficient use of land resulting in networks of streets, utilities and other infrastructure features;

In proposing a PUD, it is also the intent to accomplish reductions in impervious surfaces as compared to standard development of the site, preserve and protect important resources that impact drainage, and to propose designs/layouts that reflect the conditions of the site and area and potentially improve those drainage conditions.

Ensure that the development is compatible with surrounding uses and reduces spillover impacts; and,

Promote the objectives of the Town of Wheatfield Comprehensive Plan.

The creation of a PUD shall be subject to the approval of the Town Board based upon the review and recommendations of the Planning Board and upon the results of a public hearing. The approval of a PUD rezoning is at the discretion of the Town Board and should not be presumed as an allowable use in the Town. A PUD application will follow the process required for a rezoning. Amendments to a PUD shall follow the same rezoning process.

In a PUD, the use and dimensional specifications found elsewhere in this Zoning Law are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls. The application must meet the minimum dimensional and use requirements listed in § 200-51. The uses determined by an approval process for a PUD are subject to other nondimensional provisions of this chapter, such as, but not limited to, supplementary, off-street parking, loading, and stacking and sign regulations. The PUD plan as approved shall represent the zoning of the property, and any proposed changes in the uses or layout of uses would require rezoning to a modified PUD designation (following all of the requirements of this chapter).

Location. The Planned Unit Development District shall be applicable to any area of the Town of Wheatfield where the applicant can demonstrate that the characteristics of his development will satisfy the objectives of this section.

Minimum area. A PUD shall include no less than 20 acres of contiguous land.

Ownership. The tract of land proposed to be rezoned to a PUD may be owned, leased, or controlled either by a single person, a corporation, or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all properties included in the project. In the case of multiple ownership, the approved plan shall be binding on all owners.

Open space. A minimum of 25% of the site shall be reserved as common open space, including pedestrian and bicycle facilities, parks and recreation areas, and public plazas and landscaped areas. Road and utility rights-of-way, driveways, parking areas and private lawn areas shall not be considered in calculating open space. Wetlands, floodways and other nonbuildable areas are typically not considered as part of the required open space requirements. If properly integrated into the site planning and incorporated into a passive recreational feature (walkways, etc.) these could be included in the 25% requirement. Open space shall include land upon which buildings are not permitted to be constructed, but shall exclude land that is part of a lot upon which building is permitted (it being intended to exclude land required for front, side and rear year setbacks from this definition) and shall also exclude land that is not permitted to be used for building construction, including, but not limited to, wetlands and ponds. Open space may include land upon which buildings are not permitted to be constructed, provided that the open space is improved and maintained for recreational usage, and the Planning Board and the Town Board have approved the use of such land as open space.

Common property. Common property in a PUD is a parcel or parcels of land, together with the improvements thereon, for which the use and enjoyment of is shared by the owners and occupants of the individual building sites. The applicant 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.

Permitted uses.

Density. Gross densities for residential land uses shall not exceed those set forth in the zoning district that existed, at time of the rezoning to PUD, in which the land is located. For lands that were previously zoned commercial or industrial, the density permitted would be the same as that permitted in an R-1 District. In no case shall the minimum amount of required open space be reduced to allow for the maximum allowable density.

Dimensional requirements for lots. For single family lots, the lots may be reduced to the minimum size allowed for a cluster lot in the existing zoning district where the PUD is proposed (or R-1 if the existing zoning is not residential), and have the minimum setbacks as described in the cluster development law. These lots can also just meet the standard requirements for an R-1 lot. At the time of application, and as part of the approval process, the applicant shall submit a residential lot layout plan illustrating the required setbacks, allowable building placement area (indicating maximum size structures to be allowed on the lot), and type and general location of the driveway.

Preapplication meeting. To avoid delays and to allow the Town Board to advise the applicant of potential concerns that may not allow the Town Board to entertain this rezoning or issues that should be addressed with the rezoning and preliminary site plan application, it is required that the applicant meet with the Town Board regarding basic concepts of the proposed PUD, including rough sketches and tabulations. At this pre-application meeting, the Town will discuss the drainage requirements of the Town, existing drainage conditions of the proposed project site and area, and any unique drainage problems that will need to be addressed in any application. Particular attention will be paid to Subsection F in the "objectives" section of this article. The applicant will need to address these issues in the PUD application (changes to the sketch plan and/or providing documentation identifying how these issues were addressed), prior to being placed on any Planning Board agenda. Based upon this meeting, the Town Board may provide direction to the applicant on whether they should proceed with a PUD rezoning application.

Planning Board input and recommendation. If the project is allowed to proceed to a PUD rezoning application, based on the above pre-application meeting, and the applicant wants to proceed, a full rezoning application needs to be made to the Town. The application will include a rezoning application, SEQR materials, a PUD plan (see Subsection C below) and other supporting documentation. The Town Board will refer this application to the Planning Board for review, report and recommendation. The Town Board in their referral shall include the results of their drainage input and any other concerns raised at the preapplication meeting.

Application for planned unit development. The Town Board shall collect a fee, to be determined by the Town Board, for the review of the PUD rezoning application. In addition, site plan and/or subdivision review fees shall be required, as appropriate.

Preliminary site plan. A preliminary site plan shall be prepared, as outlined in Article XII of this chapter, and accompany any application for a PUD. Five copies of the preliminary site plan shall be submitted to the Planning Board, accompanied by the following information and/or documents:

Planning Board action on preliminary site plan.

Town Board action on preliminary site plan.

Zoning. Upon approval or approval with conditions of an application for a PUD by the Town Board, the property in question shall be deemed rezoned as a Planned Unit Development District, and the Zoning Map shall be noted to reflect the change in zoning.

Site plan approval. Following the approval of the PUD by the Town Board, a site plan shall be prepared, as outlined in Article XII of the Zoning Law, and five copies shall be submitted to the Planning Board. The site plan shall substantially conform to the preliminary site plan (the PUD plan), incorporating any modifications, conditions, or other features recommended by the Planning Board and/or Town Board. For subdivisions, the plan shall conform to the Town Subdivision Regulations,[1] including § 200-52.1 of this article.

Phasing.

Planning Board action on a site plan after PUD approval. The Planning Board shall review the site plan and related documents and, within 62 days of a complete submission, shall approve or disapprove the site plan. The applicant shall also be notified at this time of the Planning Board's decision. In determining its action, the Planning Board may seek advice and assistance from such sources as the Town Attorney, Town Engineer, Town Building Inspector, Town Planning Consultant and Town Highway Superintendent. If the application includes a subdivision, then the Planning Board, in accordance with the Town's subdivision law and § 200-52.1, shall offer a recommendation of this subdivision application to the Town Board.

Town Board action on a subdivision.

For subdivisions, the applicant shall prepare sets of subdivision plats suitable for filing with the County Clerk and which satisfy all plat requirements in the Town Subdivision Regulations (Chapter 169) in addition to other drawings required. If the PUD is being developed in phases, it may be platted and filed in corresponding components.

Regulation after initial construction and occupancy. For purposes of regulating the development and use of property after completion of initial construction and occupancy, any changes shall be processed as a PUD amendment, as outlined in this law.

Commencement of construction. No construction or site improvement work may commence until site plan and/or subdivision, approval and all the requirements thereof, has been granted.

Financial responsibility. No building permits shall be issued for construction within a PUD until the required improvements are installed or, alternatively, a performance bond or a letter of credit is provided in accordance with the procedures outlined in the Town Subdivision Regulations.