Wilton City Zoning Code
ARTICLE XXI
PUD Planned Unit Development Districts
§ 129-115 Regulations.
The regulations for Planned Unit Development Districts (PUDs) are intended to provide a means for the development of entirely new residential, commercial, or industrial subdivisions, parks, or estates in which certain economies of scale or creative architectural or planning concepts may be utilized by the developer without departing from the spirit and intent of this chapter. Projects consisting of only single-family detached dwelling units (DUs) do not meet PUD criteria. In no case shall the regulations of this section be so interpreted as to circumvent the benefits of this chapter to the residents or occupants of such development or the residents or occupants of adjoining properties. PUDs, as defined herein, may be established only in accordance with the procedure specified in this section.
A.
The site for a PUD shall not be less than 10 acres for a residential development, three acres for a commercial development, or five acres for an industrial development; provided, however, that where an applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article, projects with less acreage will be considered, and further provided that in the event that the Town Board is considering a project with less acreage, the affirmative vote of not less than 4/5 of the members of the Town Board shall be required to establish such as a PUD. The proposed development shall conform to the Town's most recent comprehensive plan.
B.
The Town Board shall refer the application to the Town Planning Board and the Saratoga County Planning Board (if applicable) for an initial advisory opinion within 90 days of the date of the application if, in the sole discretion of the Town Board, the application meets the intent of the PUD regulations and the Comprehensive Plan. All applications for PUDs or for amendments to PUDs shall include:
[Amended 2-1-2007]
C.
PUDs should be considered as a single parcel for the purpose of applying the regulations specified in the zoning district schedules.[2] Individual buildings and structures within such district need not conform to these regulations, provided that any variation from such regulations shall not be contrary to the intent of this chapter.
[2]
Editor's Note: The zoning district schedules are included at the end of this chapter.
D.
Residential density.
(1)
It is not the intent of a PUD to promote development solely for the purpose of exceeding the number of DUs permitted. Therefore, the number of DUs allowed shall be calculated by taking the amount of buildable land minus 20% for provision of streets, internal drives, parking areas, utility easements/rights-of-way, and other facilities and dividing by the allowable DUs per acre (base allowable density). The single-family detached portion of PUD applications in other than residential zones shall adhere to the regulations governing the residential zone closest to the site for which the application is being made. If the PUB is of equal distance from two residential zones, the zone with the most restrictive density shall be the governing zone. Land that meets the following criteria shall not be included in the amount of buildable land:
(a)
Freshwater wetlands as regulated pursuant to federal and/or New York State Department of Environmental Conservation (NYSDEC) designated wetlands.
(b)
Water sources classified pursuant to NYSDEC Stream Classification System or delineated under the Town's stream resource management guidelines.
(c)
Slopes in excess of 15%.
(d)
Other areas of environmental or scenic significance as may be identified by the Planning Board, Town Board, or the Town of Wilton Comprehensive Plan.
(2)
The base allowable density for apartment houses/multifamily dwellings shall be no greater than eight DUs per one acre (of buildable land minus 20%). PUDs incorporating apartment houses/multifamily dwellings shall only be considered in the following zones: RB-1, CR-1, CR-2, C-1, and C-2. Said site shall be served by public central water and public sanitary sewer facilities.
[Amended 12-1-2005; 9-6-2012]
E.
Green space. At least 35% of the gross area of a PUD shall be and remain green space.
F.
The Planning Board may require such changes in said conceptual site plan as are found to be necessary to meet the requirements of this chapter. The Board may make such additional requirements as are deemed reasonably necessary to protect the established or permitted uses in the vicinity and to promote and protect the orderly growth and sound development of the Town. In reaching its decision on the proposed PUD, the Planning Board shall consider, among other things, the following:
(1)
The need for the proposed land use in the proposed location.
(2)
The existing character of the neighborhood in which the use would be located.
(3)
The location of principal and accessory buildings on the site in relation to one another.
(4)
The pedestrian circulation and open space in relation to structures.
(5)
The traffic circulation features within the site and the amount, location, and access to automobile parking areas.
(6)
The height and bulk of buildings and their relation to other structures in the vicinity.
(7)
The proposed location, type, and size of display signs, driveways, loading zones, and landscaping. In addition, an applicant for a PUD shall, in order to provide reasonable signage design throughout the district, submit detailed plans for any signs that do not conform to the Town's Sign Ordinance.[3]
(8)
The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.
(9)
Adequacy of drainage, water supply, and sewage disposal facilities.
G.
The Town Board and Planning Board may call upon any public or private consultants that it feels are necessary to provide a sound review of the proposal. In addition to the fees listed on the Schedule of Fees, both Boards may charge a fee to developers of projects requiring legal and technical review, provided that the fee charged reflects the actual cost of legal and technical assistance to the Boards.
H.
The Planning Board shall approve, approve with modifications, or disapprove such PUD application and shall report its findings to the Town Board within 90 days following the date of referral to the Planning Board.
[Amended 8-4-2005]
I.
In the event that the Planning Board has disapproved such proposal, or approved with modifications which the applicant is unwilling to make, an affirmative vote of not less than 4/5 of the members of the Town Board shall be required to establish such PUD.
J.
Upon receipt of the Planning Board's findings, if the Town Board is inclined to proceed forward, it shall hold a public hearing on the proposal, with public notice as provided by law, as in the case of an amendment to this chapter. The applicant shall be required to send formal notification by certified mail of the public hearing to all persons owning property contiguous to the affected parcel(s) and across any street or public roadway from the affected parcel(s) and any other property owners that the Town Board deems necessary.
K.
Where General Municipal Law § 239-m is applicable, the Town Board shall refer the application for redistricting to the Saratoga County Planning Board for its review.
L.
The Town Board shall render its decision to approve or disapprove the PUD legislation within 62 days after the public hearing, unless an extension of time is mutually agreed upon by the Town Board and the developer.
M.
The Town Board may then amend this chapter so as to define the boundaries of the PUD. Such action shall have the effect only of granting permission for development of the specific proposed uses in accordance with the plans filed with the Town Board. Such amendment of this chapter shall not constitute or imply a permit for construction or approval of construction plans.
N.
If the Town Board creates the PUD districting, the Zoning Map shall be so notated. PUD districting shall be conditioned upon the following:
O.
If construction work on the proposed development is not begun or completed within time limits specified by the Town Board, approval of the application shall become null and void. The PUD shall revert to the same zoning regulations and restrictions as were effective before such approval, unless the Town Board, for good cause, authorizes an extension, which may be authorized without a public hearing.