(A) Types of PUDs permissible. Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in § 151.21, and the official zoning map.
(B) Application for and processing of PUDs. Application for a planned unit development shall be made and the application shall be processed in the manner set forth in § 153.074(A).
(C) Final development plan. The final development plan submitted pursuant to § 153.074(B) must include the following documents:
(1) A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten-foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial or a combination of the two;
(2) A property owners association agreement (for residential PUDs) with mandatory membership, and all in accordance with the requirements of division (F) below;
(3) Deed restrictions, covenants, permanent easements or other instruments that: properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft and construction of commercial buildings in residential PUDs; and ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in division (F) below;
(4) When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied; and
(5) Those additional documents as requested by the Planning Commission that are necessary to explain how the PUD will be designed and will function.
(D) Site “suitable area” evaluation. Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in division (E) below.
(1) The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward:
Shoreland Tier Dimensions | ||
Unsewered (feet) | Sewered (feet) | |
Lake Minnewaska first tier | 200 | 200 |
Second and additional tiers | 267 | 200 |
Tributary streams (all tiers) | 300 | 300 |
(2) The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs or land below the ordinary high water level of public waters. The suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites.
(E) Residential and commercial PUD density evaluation. The procedures for determining the “base” density of a PUD and density increase multipliers are as follows. Allowable densities may be transferred from any tier to any other tier further from the water body, but must not be transferred to any other tier closer.
(1) Residential PUD “base” density evaluation. The suitable area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth, unless the local unit of government has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and numbers of dwelling units or sites for the residential planned unit developments are then compared with the tier, density and suitability analyses herein and the design criteria in division (F) below.
(2) Commercial PUD “base” density evaluation.
(a) Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages or porches and basements, unless they are habitable space.
(b) Select the appropriate floor area ratio from the following table:
Commercial Planned Unit Development Floor Area Ratios | ||
Average Unit Floor Area (Sq. Ft.) | Sewered Lots and First Tier on Unsewered Lots | Second and Additional Tiers |
Commercial Planned Unit Development Floor Area Ratios | ||
Average Unit Floor Area (Sq. Ft.) | Sewered Lots and First Tier on Unsewered Lots | Second and Additional Tiers |
1,000 | 0.108 | 0.054 |
1,100 | 0.116 | 0.058 |
1,200 | 0.125 | 0.064 |
1,300 | 0.133 | 0.068 |
1,400 | 0.142 | 0.072 |
1,500 | 0.150 | 0.075 |
*For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or if unknown, the ratio used for 1,000 square feet.
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(c) Multiply the suitable area within each tier by the floor area ratio for yield total floor area for each tier allowed to be used for dwelling units or tiers.
(d) Divide the total floor area by tier computed in division (E)(2)(c) above by the average inside living area size determined in division (E)(2)(a) above. This yields a base number of dwelling units and sites for each tier.
(e) Proposed location and numbers of dwelling units or sites for the commercial planned unit development are then compared with the tier, density and suitability analyses herein and the design criteria in division (F) below.
(3) Density increase multipliers.
(a) Increases in the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in §§ 151.35 through 151.42 are met or exceeded and the design criteria in division (F) below are satisfied. The allowable density increased in division (E)(3)(b) below. below will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50% greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography or additional means acceptable in the local unit of government and the setback is at least 25% greater than the minimum setback.
(b) Allowable dwelling unit or dwelling site density increases for residential or commercial planned unit developments:
Density Evaluation Tiers | Maximum Density Increase Within Each Tier (Percent) |
First | 50 |
Second | 100 |
Third | 200 |
Fourth | 200 |
Fifth | 200 |
(F) Maintenance and design criteria.
(1) Maintenance and administration requirements.
(a) Adequate provisions. Before final approval of a planned unit development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.
(b) Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections:
1. Commercial uses prohibited (for residential PUDs);
2. Vegetation and topographic alterations other than routine maintenance prohibited;
3. Construction of additional buildings or storage of vehicles and other materials prohibited; and
4. Uncontrolled beaching of watercraft prohibited.
(c) Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners association with the following features:
1. Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers;
2. Each member must pay a pro rata share of the association’s expenses, and unpaid assessments can become liens on units or sites;
3. Assessments must be adjustable to accommodate changing conditions; and
4. The association must be responsible for insurance, taxes and maintenance of all commonly owned property and facilities.
(2) Open space requirements. Planned unit developments must contain open space meeting all of the following criteria:
1. At least 50% of the total project area must be preserved as open space;
2. Dwelling units or sites, road right-of-way or land covered by road surfaces, parking areas or structures, except water-oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space;
3. Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries;
4. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public;
5. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems;
6. Open space must not include commercial facilities or uses, but may contain water-oriented accessory structures or facilities;
7. The appearance of open space areas, including topography, vegetation and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and
8. The shore impact zone, based on normal structure setbacks must be included as open space. For residential PUDs, at least 50% of the shore impact zone area of existing developments or at least 70% of the shore impact zone area of new developments must be preserved in its natural or existing state. For commercial PUDs, at least 50% of the shore impact zone must be preserved in its natural state.
(3) Erosion control and stormwater management. Erosion control and stormwater management plans must be developed and the PUD must:
(a) Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediments entrapment facilities, vegetated buffer strips or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and
(b) Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage within any tier must exceed 25% of the tier area, except that for commercial PUDs 35% impervious surface coverage may be allowed in the first tier of general development unit with an approved stormwater management plan and consistency with § 151.37.
(4) Centralization and design of facilities. Centralization and design of facilities and structures must be done according to the following standards.
(a) Planned unit developments must be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the State Department of Health and §§ 151.36 and 151.42. On-site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage systems.
(b) Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased in accordance with division (E)(3) above for developments with density increases.
(c) Shore recreation facilities, including, but not limited to, swimming areas, docks and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth of groundwater and bedrock or other relevant factors. The number of spaces provided for continuous beaching, mooring or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers.
(d) Structures, parking areas and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.
(e) Accessory structures and facilities, except water oriented accessory structures, must meet the required principal structure setback and must be centralized.
(f) Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in § 151.36 and are centralized.
(G) Conversions. Existing resorts or other land uses and facilities to be converted to residential planned unit developments if all of the following standards are met.
(1) Proposed conversions must be initially evaluated using the same procedures for residential planned unit developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified.
(2) Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit.
(3) Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following:
(a) Removal of extraneous buildings, docks or other facilities that no longer need to be located in shore or bluff impact zones;
(b) Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and
(c) If existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced.
(4) Existing dwelling unit or dwelling site densities that exceed standards in division (E) above may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means.
(Ord. 31, passed - -1995)