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1973ORDINANCE The following Ordinance was introduced by Councilman who moved its adoption. BE IT RESOLVED and ordained by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance of the author- ity conferred by the laws of the State of New York, as follows: SECTION I. The Town of Wappinger Zoning Ordinance adopted January 29, 1962 and amended from time to time is further amended by adding the following sections: Section 460 - Planned Unit Development Section 460.10 - Intent It is the intent of this Planned Unit Development (PUD) section to provide flexible land use and design regulations throug the use of performance criteria so that small -to -large scale neighborhoods or portions thereof may be developed within the Town that incorporate a variety of residential types and non-residential uses, and contain both individual building sites and common proper- ty 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. This article specifically encourages innovations in residential development so that the grow- ing 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. Section 460.20 - Objectives In order to carry out the intent of this article, a PUD shall achieve the following objectives: - 1 - 1. A maximum choice in the types of environment, occupancy tenure, types of housing, lot sizes and community facilities available to existing and potential Town residents at all economic levels; 2. P�iore usable open space and recreation areas; 3. Hore convenience in location of accessory commercial and service areas; 4. The preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion; 5. An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs; 6. A more desirable environment than would be possible through the strict application of other articles of this ordinanc Section 460.30 - General Requirements Section 460.31- •inimum Area Under normal circumstances, the minimum area requirement to qualify for a Planned Unit Development District shall be Seven five (75) contiguous acres of land. 1,7here the applicant can d strate that the characteristics of his holdings will meet the ob- jectives of this article, the Planning Board may consider projects with less acreage. Section 460.32 - Ownership 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 owners of all property included in a project. In the case of multiple ownership, the Approval Plan shall be binding on all owners. Section 460.33 - Location of PUD District The PUD District shall be applicable to any area of the Town as determined by the Town Board. - 2 - Section 460.34 - Permitted Uses All uses within an area designated as a PUD District ar determined by the provisions of this section and the approval of the project concerned. 1. Residential Uses: Residences may be of any variety of types. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with this article. The developer shall meet as broad a range of these needs as possible. 2. Accessory Commercial, Service and Other Non -Residen- tial Uses: Commercial, service and other non-residential uses may be permitted where such uses are scaled primarily to serve the residents of PUD. Consideration shall be given to the project as it exists in its larger setting in determining the appropriateness of such uses. 3. Customary Accessory or Associated Uses: such as private garages, storage spaces, recreational and community activ - ties, churches, schools, and other community facilities shall als be permitted as appropriate to the PUD. Section 460.35 - Intensity of Land Use: Because land is used more efficiently in a PUD, improve environmental quality can often be produced with a greater number of dwelling units per gross building acre than usually permitted in traditionally zoned districts. The Town Board shall determine in each case the appropriate land use intensity of dwelling unit density for individual projects. The determination of land use intensity ratings or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifyin the selection of the rating or density. MM Section 460.36 - Common Property in the PUD Common property in a PUD is a parcel or parcels of lane together with the improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the individual building sites. When common property exists, the ownership of such common property may be either public or privIte. When common property exists in private ownership, satisfactory arrange ments must be made for the improvement, operation and maintenance of such common property and facilities, including private street, drives, services and parking areas and recreational and open space areas. Section 460.40 - Application Procedure and Zoning Approval Process Section 460.41 - General Whenever any Planned Unit Development is proposed, befoi any permit for the erection of a permanent building in such Planned Unit Development shall be granted, and before any subdiv- sion plan of any part thereof may be filed in the office of the County Clerk, the developer or his authorized agent shall apply for and secure approval of such Planned Unit in accordance with th following procedures: Section 460.42 - Application for Sketch Plan Approval 1. In order to allow the Planning Board and the develop to reach an understanding on basic design requirements prior to detailed design investment, 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 finished engineering drawing; and it shall clearly show the follow jag information: a. The location and types of the various uses and their areas in acres: - 4 - b. The outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private; c. Delineation of the various residential areas indicating for each such area its extent, size and composition in terms of total number of dwelling units, percentage allocation by dwelling unit type and the calculation of the residential density) in dwelling units per gross acre for each such area; d. A computation of the land coverage with buildings and paved parking area. e. The interior open space system; f. The overall drainage system; g. A location map showing uses and ownership of abutting lands; h. Provisions for providing sewers, water and any other utilities required. 2. In addition, the following documentation shall accompany the sketch plan: a. Evidence -.that the proposal is compatible with the goals of local and area wide plans, if any; b. General statement as to how common open space is to be owned and maintained; c. If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of this section shall show the intended total project. 3. The Planning Board shall review the sketch plan and it related documents; and shall render either a favorable report to the Town Board or an unfavorable report to the applicant. a. A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering PUD Districting. It shall be based on the following Eindings which shall be included as part of the report: - 5 - 1. The proposal is conceptually sound in that it meets local and area wide needs and it conforms to accepted design principals in the proposed functional roadway and pedestrian system, land use configuration, open space system, drainage system and scale of the elements both absolutely and to one another. 2. There are adequate services and utilities avail- able or proposed to be made available in the construction of the development. b. An unfavorable report shall state clearly the reasons therefore and, if appropriate, point out to the applicant what might be necessary in order to receive a favorable report. The applicant may, within ten (10) days after receiving an unfavor, able report, file an application for PUD Districting with the Town Clerk. The Town Board may then determine on its own initia- tive whether or not it wishes to call a public hearing. 4. The Chairman of the Planning Board shall certify when all of the necessary application material has been presented; and the Planning Board shall submit its report within sixty (60) days of such certification. If no report has been rendered after sixty (60) days, the applicant may proceed as if a favorable report were given to the Town Board. Section 460.43 - Application for PUD Districting 1. 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 PUD Dis- tricting for the applicant's plan in accordance with the procedures established under Section 264 and Section 265 of the Town Law or )ther applicable law, said public hearing to be conducted within Eorty-five (45) days of the receipt of the favorable report or the iecision or ap peal from an unfavorable report. In the event of an - 6 - unfavorable recommendation by the Town Planning Board the pro- visions of Section 603 of this Ordinance requiring a two -third's (2/3) vote of the Town Board shall be applicable. 2. The Town Board shall refer the application to the County Planning Board for its analysis and recommendations; pur- suant to the provisions of Section 239-m of the General Municipal Law and the provisions of this Section and the Town Board shall also refer the application to the Town Engineer for his review. 3. Within forty-five (45) days after the public hearin the Town Board shall render its decision on the application. Section 460.50 - Site Plan Approval Process Application for preliminary site plan approval shall be to the Planning Board and shall be accompanied by the following information prepared by a licensed engineer, architect and/or landscape architect: 1. An area map showing applicant's entire holding, tha portion of the applicant's property under consideration, and all properties, subdivision, streets, and easements, within five hundred (500) feet of applicant's property. 2. A topographic map showing contour intervals of not more than five (5) feet of elevation shall be provided. 3. A preliminary site plan including the following information: applicant. a. Title of drawing, including name and address of b. North point, scale and date. c. Boundaries of the property plotted to scale. d. Existing watercourses and applicable municipal district boundaries. e. A site plan showing location, proposed use and - 7 - height of all buildings, location of all parking and truck -loading areas, with access and egress drives thereto; location and pro- posed development of all open spaces including parks, playgrounds, and open reservations; location of outdoor storage, if any; location of all existing or proposed site improvements, including drains, culverts retaining walls and fences; description of method of sewage disposal, type and description of water system and location of such facilities; location and size of all signs; location and proposed development of buffer areas; location and design of lighting facilities; and the amount of building area proposed for non-residential uses, if any. Section 460.52 - Factors for Consideration The Planning Board's review of a preliminary site plan shall include, but is not limited to the following considerations; 1. Adequacy and arrangement of pedestrian traffic acces# and circulation including intersections, road widths, channeliza- tion structures and traffic controls. 2. Adequacy and arrangement of pedestrian traffic acces and circulation including; separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehi- cular traffic and pedestrian convenience. 3. Location, arrangement, appearance and sufficiency of off-street parking and loading. 4. Location, arrangement, size and design of buildings, lighting and signs. 5. Relationship of the various uses to one another and their scale. 6. Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise deterring buffer between adjacent uses and adjoining lands. 7. The adequacy of usable open space for playgrounds a - 8 - informal recreation. 8. Adequacy of water system, sanitary waste disposal facilities and storm drainage system. 9. Adequacy of structures, roadways and landscaping ir areas with moderate to high susceptibility to flooding and pondin and/or erosion. 10. Protection of adjacent properties against noise, glare, unsightliness or other objectionable features. 11. Conformance with other specific charges of the Town Board which may have been stated in the zoning resolution. In its review, the Planning Board may consult with the Town Engineer and other Town and County officials, as well as witt representatives of Federal and State agencies including the Soil Conservation Service and the New York State Department of Environ- mental Conservation. The Planning Board will require the exterior design of all structures be made by, or under the direction of a registered architect whose seal shall be affixed to such plans. The Planning Board may also require such additional provisions and conditions that appear necessary for the public health, safety and general welfare. Section 460.53 - Action on Preliminary Site Plan Ap licatioi Within ninety (90) days of the receipt of the applicatioi for preliminary site plan approval, the Planning Board shall act oz it. If no decision is made within said ninety-day period, the Dreliminary site plan shall be considered conditionally approved. the Planning Board's action shall be in the form of a written >tatement to the applicant stating whether or not the preliminary Ute plan is conditionally approved. A copy of the appropriate cinutes of the Planning Board shall be a sufficient report. If the preliminary site plan is disapproved, the Planning oard's statement shall contain the reasons for such findings. 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. Section 460.54 -Application for Final Detailed Site Plan Approval After receiving conditional 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 appli- cant may prepare his final detailed site plan and submit it to the Planning Board for final approval;except that if more than twelve (12) months has elapsed between the time of the Planning Board's report on the preliminary site plan and if the Planning Board find 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. 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. All such compliances shall be clearly indicated by the applicant on the appropriate submission. Section 460.55 - Action on the Final Detailed Site Plan pp i.ca ion Within sixty (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 Building Inspector who may then issue a - 10 - building permit to the applicant if the project conforms to all other applicable requirements. 2. Upon disapproving an application, the Planning Board shall so inform the Building Inspector. 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 appropri- ate minutes may suffice for this notice. Section 460.56 - Staging If the applicant wishes to stage his development, and he has so indicated as per Section 460.42, then he may submit only those stages he wishes to develop for site plan approval in accordance with his staging plan. Any plan which requires more than twenty-four (24) months to be completed shall be required to be staged; and a staging plan must be developed. At no point in the development of a PUD shall the ratio of non-residential to residential acreage or the dwelling unit ratios between the several different housing types for that portion of the PUD completed and/ or under construction differ from that of the PUD as a whole by more than twenty percent (20%). Section 460.60 - Other Regulations Applicable to Planned Uniteve opmen s Section 460.61 - Regulation after Initial Construction and Occupancy For the purposes of regulating and development and use of ?roperty after initial construction and occupancy, any changes othe :han use changes shall be processed as a special permit request to :he Planning Board. Use changes shall also be in the form of a request for special permit except that Town Board approval shall lso be required. It shall be noted, however, that properties ying in Planned Unit Development Districts are unique and shall be o considered by the Planning Board or Town Board when evaluating these requests; and maintenance of the intent and function of the planned unit shall be of primary importance. Section 460.62 - Site Plan Review Site Plan Review under the provisions of this article shall suffice for Planning Board review of subdivisions under Town Subdivision Regulations, subject to the following conditions 1. The developer shall prepare sets of subdivision plats suitable for filing with the Office of the County Clerk in addition to those drawings required above. 2. The developer shall plat the entire development as a subdivision; however, PUD's being developed in stages may be platted and filed in the same stages. 3. Final site plan approval shall constitute final plat approval under the Town Subdivision Regulations; and pro- visions of Section 276 of the Town Law requiring that the plat be filed with the County Clerk within ninety (90) days of approva shall apply. Section 460.70 - Financial Responsibility No building permits shall be issued for construction within a PUD District until improvements are installed or perfor- mance bond posted in accordance with the same procedures as provided for in Section 277 of the Town Law relating to subdivi- sions. SECTION II. Section 300 of the Zoning Ordinance in hereby amended by adding the following district: "PUD - Planned Unit Development" SECTION III. This Ordinance shall take effect upon adoption posting, and publication as provided by Town law. - 12 - The following Ordinance was introduced by Councilman Clausen ' who moved its adoption: An Ordinance amenda,ng the Zoning Ordinance of the Town of Wappinger. Be It Ordained by the Town Board of the Town of Wappinger as follows: SECTION 1. Section 460.31 shall be amended to read Section 460.31 - Minimum Area Under normal circumstances, the minimum area requirements to qualify for a Planned Unit Development District shall be Seventy-five (75) contiguous acres of land. Where the applicant can demonstrate that the.characteristics of his holding will meet the objectives of this article, the Town Board may con -i sider projects with less acreage. as follows: SECTION 2. Section 460.42 shall be amended to read Section 460.42 - Application for Sketch Plan Approval 1. In order to allow the Town Board and the dev�l oper to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketc plan of his proposal to the Town Board. The sketch plan shall bi _ approximately to scale, though it need not be to the precision ofl, finished engineering drawing; and it shall clearly show the fol- lowing information:..,. a. The location and types of the various 0 uses and their areas in acres: • b. The outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private; c. Delineation of the various residential areas indicating for each such area its extent, size and composition in terms of total -number of dwelling units, percentage allocation by dwelling unit type and the calculation of the residential density in dwelling units per gross acre for each such area; d. A computation of the land coverage with buildings and paved parking area. of abutting lands; e. The interior open space system; f,,The overall drainage system; gi A.location map showing uses and ownership h. Provisions for providing sewers, water and any other utilities required. 2. In addition, the following documentation shall ac- company the sketch plan: a. Evidence that the proposal is compatible wit the goals of local and area wide plans, if any; b. General statement as to how common open space is to be owned and maintained; c. If the development is to be staged, a genera indication of how the staging is to proceed. Whether or not the -development 'is to be staged, the sketch plan of this section.shal show the intended total project. -2- It d. A metes and bounds description; e. A photo copy of all deeds from which title or ownership is -claimed; tions. f. A list or copy of all covenants and restric- 3. The Town Board may review the sketch plan and its related documents. follows: SECTION 3.: Section 460.43 shall be amended to read as Section 460.43 - Application for PUD Districting 1.Upon its own determination the Town Board may set a date for and may conduct a public hearing for the purpose of con- sidering PUD Districting for the applicant's plan in accordance with the procedures established under Section 264 and Section 265 of the Town Law or other applicable law. 2. The Town Board shall refer the application to the County Planning Board and the Town Planning Board for analysis and recommendations pursuant to the provisions of Section 239-m of the General Municipal, Law and the provisions of this Zoning Ordinance and the Town Board shall also refer the application to the Town Engineer for his review. follows: SECTION 4 Section 460.50 shall be amended to read as f Section 460.50 - Site Plan Approval Process After the approval by the Town Board of a Planned Uni Development application for preliminary site plan approval shall -3- kt- location and proposed development of buffer areas; location and design of lighting facilities; and the amount of building area proposed for non-residential uses, if any. follows; SECTION 5 Section 460.55 shall be amended to read as Section 460.55 - Action on the Final Detailed Site Plan Application Within sixty (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 Building Inspector and t,ie Town Board. The Building Inspector may then issue a building permit to the applicant if the project conforms to all other applicable require ments, 2. Upon disapproving an application, the Planning Board shall so inform the Building Inspector. The Planning Board shall also notify the applicant and the Town Board in writ3 of its decision and its reason for disapproval. A copy of the �I approlliate minutes may suffice for this notice. SECTION 6 This Ordinance shall take effect upon adop- tion, posting and publication as provided by Town Law. . Seconded b I; y. Councilman Versace I' -5- Roll Call Vote: 5 Ayes Ii � I� be to the Planning Board and shall be accompanied by the foil information prepared by a licensed engineer, architect and/or landscape architect: 1. An area map showing applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivision, streets, and easements, within five hundred (500) feet of applicant's property. 2. A topographic map showing contour intervals of not more than five (5) feet of elevation shall be provided. 3. A preliminary site plan including the following information: a. Title of drawing, including name and address of applicant. b. North point, scale and date. c. Boundaries of the property plotted to scale. d. Existing watercourses and applicable munici- pal district boundaries. e. A site plan showing location, proposed use and height of all buildings, location of all parking and truck - loading areas, with access and egress drives thereto; location and proposed development of all open spaces including parks, pla, grounds, and open reservations; location of outdoor storage, if any; location of all existing or proposed site improvements, in- cluding drains, culverts retaining walls and fences; description of method of sewage disposal, type'and description of water syst and location of such facilities; location and size of all signs;