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UntitledTOWN 'BOARD: TOWN CF KAPPINGER DUTCHESS COUNTY: NEW YORK -------------------------------- IN THE MATTER OF AN ORDINANCE ON PROPOSED PLANNED UNIT DEVELOPMENT (PUD) STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on April 23, 1973, your deponent posted a copy of the attached notice of Public Hearing on the Ordinance on Proposed Planned Unit Development, on the signboard maintained by your deponent, in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, -Town of Wappinger, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this day of 1973. Notary Public R01?F'P,T W, IM, ON'Tr0SS N'0TA5Y P';,".1_1;1 STA,E OF NEW YORK FcSiDI +c i� !iUTCI;ES5 COUNTY .� COMMISSION EXHUS MARGH 3U, 19... PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger ;will conduct a public hearing at the Town Hall, Mill Street, Wappingers Falls, New York on Wednesday, May 9, 1973 at 7:00 P.M. EDST to hear all persons concerning an Ordinance on proposed Planned Unit Development (PUD) - INSERT ORDINANCE i } i ORDINANCE z r i 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 through the use of performance criteria so that small -to -large scale neighborhoods or portions thereof may be developed within the Tov.-n that incorporate a variety of residential types and non-residenti:.. 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 specificallyi 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 carzy out the intent of this article, a PUD shall achieve the following objectives: i i ; 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. More usable open space and recreation areas; 3. More 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 ordinance, Section 460.30 - General Requirements Section 460.31- Minimum Area Under normal circumstances, the minimum area requirement to qualify for a Planned Unit Development District shall be Sevent- five (75) contiguous acres of land. Where the anDlicant can apmnnI 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 mustbe 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 vection 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 ma 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 activi- 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 i4,each case the appropriate land use intensity of dwelling unit density for individual projects. The determination of land intensity ratings or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifyi the selection of the rating or density. r - 3 - Section 460.36 - Common Property'in the PUD Common property in a PUD is a parcel or parcels of land 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 private. 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 dwel. ling unit type and the calculation of the residential density in dwelling units per gross acre for each such area; I 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. Euidence�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 findings which shall be included as part of the report: 5 - Vi c t e 0 fl 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. a$le'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 unfavos 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 repo sere given to the Town Board. Section 460.43 - Application for PUD Districting I. Upon receipt of a favorable report from the Planning 3oard, ori upon its own determination subsequent to an appeal from Ln unfavorable report, the Town Board shall set a date for and onduct a'public hearing for the purpose of considering PUD Dis- ricting for the applicant's plan in accordance with the procedures ures stablished under Section 264 and Section 265 of the Town Law or ther applicable law, said public hearing to be conducted within Drty-five (45) days of the receipt of the favorable report or the sion 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, that portion of the applicant's property under consideration, and all propert:,ies, 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 prc.vided. 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,'Iwith 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 in areas with moderate to high susceptibility to flooding and ponding 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 with 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 A icati Within ninety.(90) days of the receipt of the applicatior 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 Boatd'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. If the preliminary site plan is disapproved, the Planning Board's statement shall'contain the reasons for such findings. In _ ,9 _ 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 Approva 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 fine that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan fo 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 ica 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-�rconstruction differ from that of the PUD as a whole by more than twenty percent (20%). Section 460.60 - Other Regulations Applicable to Planned _Unit eve oPmen s Section 460.61 - Regulation after Initial Construction and Occupancy For the purposes of regulating and development and use of property after initial construction and occupancy, any changes oche than use changes shall be processed as a special permit request to he Planning Board. Use changes shall also be in the form of a equest for special permit except that Town Board approval shall Iso be required. It shall be noted, however, that properties lying in Planned Unit Development Districts are unique and shall be o considered by the Planning Board or Town Board when evaluating - 11 - 0 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 - 4 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK -------------------------------- IN THE MATTER OF AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER (AMENDING PUD ORDINANCE) STATE OF NEW YORK ) COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on February 14, 1974, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this day_. R f 1974 ( JZL4�. s.� Notary a(ib 1 ilt ANTHONY P. SILVESTRI iflTARY PUu I S ,°,T Of t+ct1 Y�l� HESiwifG Gi OiL;:ESS COU?r7Y v�?M1&IS&ION EXYlBE�S iQAACt� 3Ei, ��,,,,� a PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger will conduct -,a public hearing at the Town Hall, Mill Street, Wappingers Falls, New York on Monday, February 25th, 1974 at 8:00 P.M. EDST, to hear all persons concerning An Ordinance Amending the Zoning Ordinance of the Town of Wappinger (Amending PUD Ordinance). The following Ordinance was introduced by Councilman Clausen who moved its adoption: An Ordinance amendigg the Zoning Ordinance of the Town of Wappinger. Wappinger as follows: Be It Ordained by the Town Board of the Town of 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 holdi will meet the objectives of this article,.the Town Board may con- 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 oper to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketct 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 informationz. a. The location and types of the various 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. 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 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 general g 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- 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. SECTION 4 Section 460.50 shall be amended to read as IV follows: 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- r be to the Planning Board and shall be accompanied by the followin 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 easemcnts, 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, play- 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 syste and location of such facilities; location and size of all signs; -4- 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 applicat 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 the Town Board. The Building Inspector may then issue a building permit to the applicant if the project conforms to all other applicable requir 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 writ of its decision and its reason for disapproval. A copy of the { appropi.ate minutes may suffice for this notice. SECTION 6 This Ordinance shall take effect upon adop- tion, posting and publication as provided by Town Law. -5- PLANNED UNIT DEVELOPMENT Town Board Town of Wappinger Wappingers Falls, N.Y. Memorandum: On several occasions the Planning Board has discussed with the Town Board and Mr. James Spratt, consultant to the Planning Board, the desirability of incorporating into the present zoning ordinance a floating zone. The objects of such a zone would be to permit a greater variety of housing, lot sizes, etc., provide more usable open space and recreation, preserve natural features and lower housing costs by requiring smaller networks of utilities and streets. The attached amendments to the present zoning ordinance, dealing with the formation of a Planned Unit Development (PUD) zone, were arrived at after considering many alternatives. They are submitted for your consideration with the recommendation that they be adopted as part of the Town Zoning ordinance. The amendments were purposely written to provide a maximum of flexibility and to permit the Planning Board to consider applications for PUD by applying criteria of meeting objectives as stated in 460.20 and considering -the factors spelled out in 460.52 rather than on the basis of detailed and specific requirements as in present zones which are tied to specifically designated land areas in the town. On the other hand, the review procedure for a PUD zone is more extensive than that required for existing zones and requires the applicant to supply more information than is normally required. The degree of control which the Town Board retains and the opportunity for public review are, we believe, adequate to assure that the Planning Board will act in accordance with both your guidance and public sentiment. The applicant must submit first a Sketch Plan which must be reviewed by the Planning Board who in turn shall render a favorable report to the Town Board or an unfavorable report to the applicant. If a favorable report is rendered, it will be accompanied by a recommendation for the Town Board to schedule and conduct a Public Hearing. If an unfavorable report is rendered, good and sufficient reasons must be supplied to the applicant. The Town Board must render its decision on the PUD application within 45 days of the public hearing. Town Board -2- 6-23-72 The applicant must then submit to the Planning Board an application for Preliminary Site Plan Approval which must be acted upon within 90 days. Finally, the applicant must submit his Final Site Plan for final approval of the Planning Board. If approval is granted, the Planning Board must notify both the applicant and the Town Board. After initial construction and occupancy any changes shall require a Special Permit. If a change of use is requested, such a permit requires approval of both Planning Board and Town Board. Provisions for assurance of Financial Responsibility are required in the proposed PUD district. The Planning Board has reviewed the desirability for and the form of a PUD Zone at considerable length. We strongly believe it will provide the Town with the additional tools it needs to permit the development of selected sites in the Town for their best use. We look upon it as a tool to fit special situations rather than one to be used indiscriminately. Finally, we have deliberately chosen the form of the amendments for establishing a PUD zone to contain few specific restrictions. This requires the use of considerable judgment on the part of both the Planning Board and the Town Board but at the same time permits projects which are imaginatively conceived and well thought out to be considered without being arbitrarily prohibited by technicalities. We submit these proposed amendments for your consideration and strongly urge you to set a Public Hearing at an early date. Respectfully, 0�' ROBERT Y. HEISLER CHAIRMAN, PLANNING BOARD Attachment I PLANNED UNIT DEVELOPMENT 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 through 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-residehtial uses, and contain 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. This article specifically encourages innovations 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. Section 460.20 - Objectives 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, types of housing, lot sizes and community facilities available to existing and potential 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. 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 end thereby lower housing costs; 6. A more desirable environment than would be possible through the strict application of other articles of this Ordinance. Section 460.30 = General Requirements rl..�Ab..r�■�. ■ r r �� Irw ■■■.. •- w Section 460.31 - minimum Area Under normal circumstances, the minimum area requirements to qualify for a Planned Unit Development District shall be thirty five ('�5 ) contiguous acres of land. Where the applicant can demonstrate that the characteristics of his holdings will meet the objectives 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 where the applicant can demonstrate that the characterists of his hold- ings will meet the objectives of this article. OS051572 -1- Rev. 6/12/72 Section 460.34 - Permitted Uses All uses within an area designated as a PUD District are 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 -Residential 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 activities, churches, schools, and other community facilities shall also be permitted as appropriate to the PUD. Section 460.35 - Intensity of Land Use: Because land is used more efficiently in a PUD, improved en- vironmental quality can often be produced with a greater number of dwelling units per gross building acre than usually permitted in traditionally zoned districts. The Planning Board shall determine in each case the appropriate land use intensity of dwelling unit density for individual projects. The determination of land use in- tensity ratings or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the rating or density. Section 460.36 - Common Property in the PUD Common property in a PUD is a parcel or parcels of land, to- gether 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 private. When common property exists in private ownership, satisfactory arrangements 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 r. Section 460.41 - General Whenever any Planned Unit Development is proposed, before any permit for the erection of a permanent building in such Planned Unit Development shall be granted, and before any subdivision plat of any part thereof may be filed in the office of the County Clerk, the de- veloper or his authorized agent shall apply for and secure approval of such Planned Unit in accordance with the following proecdures: Section 460.42 - Application for Sketch Plan Approval 1. In order to allow the Planning Board and the developer 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 he approximately to scale, though it need not be to the precision of finished engineering drawing; and it shall clearly show the following information: a. The location: and' types' of the -.various .uses and their areas ih acres; 3S051572 -2- Rev. 6/12/72 b. The general 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 general extent, size and com- position in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type and the calculation of the residential density in dwelling units per gross acre for each such area; d. The interior open space system; e. The overall drainage system; f. A location map showing uses and ownership of abutting lands; g. Provisions for providing sewers, water and any other utilities required. 2. In addition, the following documentation shall accompany the sketch plan: a. f:vidence 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 its re- lated 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 findings which shall be in- cluded as part of the report: 1. The proposal is conceptually sound in that it meets local and area wide needs and it con- forms to accepted design principals in the pro- posed functional roadway and pedestrian systsm, 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 available 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 ap- plicant what might be necessary in order to receive a favorable report. The applicant may, within ten (10) days after receiving an unfavorable report, file an application for PUD Districting with the Town Clerk. The Town Board may then determine on its own initiative 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. JS051572 -3- Rev. 612/72 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 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, said public hearing to be conducted within forty-five (45) days of the receipt of the favorable report or the decision or appeal from an unfavorable report. 2. The Town Board shall refer the application to the County Planning Board for its analysis and recommendations; pursuant 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 hearing, the Town Board shall render its decision on the application. Section 460.50 - Site Plan Approval Process Section 460.51 - Application for Preliminary Site Plan Approval 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, 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 municipal 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, 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; des- cription of method of sewage disposal, type des- cription 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: JS051572 -4- Rev. 6/12/72 1. Adequacy and arrangement of pedestrian traffic access and circulation including intersections, road widths, channeliza- tion structures and traffic controls. 2. Adequacy and arrangement of pedestrian traffic access and circulation including; separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular 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 and in- formal recreation. B. Adequacy of water system, sanitary waste disposal facilities and storm drainage system. 9. Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion. 10. Protection of adjacent properties against noise, glare, unsighliness 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 with repre- sentatives of Federal and State agencies including the Soil Con- servation Service and the New York State Department of Environmental 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 Application Within ninety (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 con- ditionally approved. A copy of the appropriate minutes of the Planning Board shall be a sufficient report. If the preliminary site plan is disapproved, the Planning Board'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 applicant may prepare JS051572 Rev. 6/12/72 -5- 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 pre- liminary 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 re- view 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 ap- proval. 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 Application Within sixty (60) days of the receipt of the application for final site plan approval, the Pldhning 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 con- sidered 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 m.ay- then issue a building permit to the applicant if the project con- forms 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 appropriate minutes may suffice for this notice. Section 460.56 - Staginq 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 ssveral 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 Unit Developments Section 460.61 - Requlation after Initial Construction andOccupanc For the purposes of regulating and development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as a special permit request to the Planning Board. Use changes shall also be in the form of a re- quest for special permit except that Town Board approval shall also be required. It shall be noted, however, that properties lying in Planned Unit Development Districts are unique and shall be so con- sidered 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 Sub- division Regulations, subject to the following conditions: JS051572 -6- Rev. 6/12/72 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 subdivi- sion; 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 provisions of Section 276 of the Town Law requiring that the plat be filed with the County Clerk within ninety (90) days of approval shall apply. Section 460.70 - Financial Responsibility r No building permits shall be issued for construction within a PUD District until improvements are installed or performance bond posted in accordance with the same procedures as provided for in Section 277 of the Town Law relating to subdivisions. Other such requirements may also be established from time to time by the Town Board. 3S051572 -7- DUTCHESS COUNTY DEPARTMENT OF PLANNING Zi 47GANNON STREET POUGHKEEPSIE, NEW YORK 12601 485-9890 RECEIVED To: Town Board MAY 14 1973 Referral: 73-94 Town of Wappinger ELAINE N. SNOWDEN Re: PUD Amendment to the Town of Wappinger Zoning Ordinance The Dutchess County Department of Planning within the framework of General Municipal Law has reviewed the proposed amendment to the Town's Zoning Ordinance which would permit planned unit developments. The Department should point out to the Town the PUD experience of some other communities, particularly where the ordinance has been loosely written with- out specific standards. The generally written PUD ordinance, lacking specific density and land -use mix provisions which are based on the community's needs, has been used by developers to circumvent the original zoning ordinance and provide a mixed zoning pattern maximizing his immediate economic return but not benefiting the overall community. The project turns out to be less than the community expects but mainly because the community hasn't spelled out in advance in the ordinance, for all potential developers, what the community's needs and standards are. To make matters worse, because the PUD provisions lack specific standards, the community lacks any effective legal redress. The ordinance which is loosely constructed is difficult to administer. Because of the lack of predictability_of the intensity and character of the PUD and the difficulty of administration in such an ordinance, the citizens are frequently `°taken by surprise" and become understandably fearful and negative about this new "unknown." Without predictability public facilities and utilities, such as schools, sewers and water, can neither be efficiently nor economically provided. These problems can all be addressed via a tightly written PUD ordinance which states clear and specific standards and criteria. There appear to be five basic problem areas in the proposed Wappinger ordinance -- all of which seem to have vlable solutions. First, there are no stated density limitations or standards for the placement of various levels of intensity of use. Simply stated, there is a lack of predictability. This problem could be overcome by directly tying the densities allowed in a PUD to the Town Develop- ment Plan. A small density bonus could be allowed for preservation of unique Z II c in desi n -- providing natural resources, for amenities, and or exce en e g incentive for the developer to produce a superior development. Referral 73-94 Town of Wappinger Page 2 Secondly, the proposed ordinance lacks a specific open space/recreation requirement. Many communities mandate that 25 percent of the project be reserved for residents' recreation and open space needs. An opportunity is also afforded here for meeting significant open space/recreation needs of the Town's residents as a whole. Thirdly, the ordinance does not require public water and sewer. There are methods for handling this problem that can benefit both the Town and its new PUD residents, which are discussed in the County Planning Department's publication Central Sewerage Service. Next, the ordinance does not specifically regulate the mix of uses. Of particular concern is the need to tie down the maximum permissible commercial land use in relation to the number of dwellings to be built. Finally, and particularly for large projects, there is a need to provide for staging or phasing of development while reserving the right of the Board to prohibit further construction if the development's timing has seriously lagged and community needs have changed. While we would welcome the opportunity to discuss the proposed ordinance in detail with the Town and Planning Boards, we might still take this opportunity to mention a few observations which, while not basic, may help in strengthen- ing the PUD provisions. For instance, the Town could use the "Objectives" section to spell out more specifically some of its particular needs and concerns; included here might be the preservation of surface and ground water resources and of other specific unique natural resources. Next, stating specific permitted uses would probably help prevent unwelcome `sur- prises.` The list could be expanded as needs increase. The Town might also do well to specify the minimum distance between residential uses of various types and nonresidential uses. Specific off-street parking requirements should also be included. Finally, the Town could benefit by differentiating among various road types, their development and use, and their relationship to other land uses. Recommendation The Dutchess County Department of Planning based on its study and the above findings recommends that the proposed PUD amendment be disapproved. However, the Town Board is to be commended for moving in the direction of providing for creativity and innovation in the future development of the°Town. We would be happy to discuss the proposed amendment with the Board and to help in developing specific standards in line with the needs and desires of the Town. The Dutchess County Department of Planning does not presume to base its decision on the legalities or illegalities of the facts or procedures enumerated in subject zoning action. Dated: May 14, 1973 Henry Heissenbuttel, Commissioner Dutchess County Dept. of Planning ' A ' • To: Town Board MANNING york INDI 485-989 %ferraI: 74-07 Town of Wappinger Re: PUD revision The Dutchess County Department of Planning has reviewed subject referral within the framework of General Municipal Law (Article 12B, Sections 239-1 and 239-m) and finds the decision in this matter primarily involves matters of local concern. The Dutchess County Department of Plannino recommends the decision be based upon local study of the facts in the case. The Dutchess County Deoartment of Plannina does not presume to base its decision on the legalities or illegalities of the facts or procedures enumerated in subject zoning action. Dated: February 7, 1974 Henry Heissenbuttel, Commissioner Dutchess County Dept. of Planninq By: (Mrs.) Caroline F. Raymo d, Associate Planner R E C !V' D ELAINE H, SidULN EN