Fall 2005

A Guide to
Planned Unit Development

Prepared by the NYS Legislative Commission on Rural Resources

NYS Legislative Commission on Rural Resources

Senator George H. Winner, Jr.

Chairman

Albany Mailing Address:

Legislative Office Building
Albany, NY 12247
Telephone: (518)455-2544
Fax: (518)426-6960

Senate Commission Members:

Mary Lou Rath
James W. Wright
William T. Stachowski
David J. Valesky

Assemblyman David Koon

Vice-Chairman

Albany Mailing Address:

Agency Building 4, 12th Floor
Albany, NY 12248
Telephone: (518)455-3999
Fax: (518)455-4175

Assembly Commission Members:

Darrel J. Aubertine
Barbara S. Lifton
James Bacalles
Daniel J. Burling
Table of Contents

Preface: Using Planned Unit Development to Achieve

Community Goals and Objectives..............................i

When and How to Use the Planned Unit Development

Model Local Law..................................................iii

Planned Unit Develpment Model Local Law.....................1

A Guide to Planned Unit Development

Downtown Corning (Steuben County)

Corning, in South Central New York in the heart of the Finger Lakes, is filled with
small town charm along with a fascinating history and strong commitment to the
arts and entertainment. It has been successful in using planned unit develop-
ment in its Historic Market Street area.

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A Guide to Planned Unit Development

Preface
The NYS Legislative Commission on Rural Resources is pleased to present this guide to
localities that are considering how they can use planned unit development to reinforce and achieve
community goals and priorities. When used to implement a community’s comprehensive plan,
planned unit development is a cost-effective planning and zoning measure to include in a
municipality’s tool kit. If offers a constructive way to incorporate many other innovative land use
techniques such as incentive zoning and cluster development within a single, coordinated develop-
ment plan that encourages the efficient use of public facilities and services while also conserving
open space and restoring our valued main streets as centerpieces of community pride.

The Rural Resources Commission has received valuable technical assistance in this effort
from its state land use advisory committee which includes representatives of state and municipal
agencies, builder’s associations, private planning consultants, land use attorneys, professional plan-
ners, farm and business owners. In their long-range efforts to recodify and modernize New York’s
community planning and zoning enabling statutes, advisory committee members foresaw the need
to provide clear guidance for local officials and citizens to use planned unit development (PUD) as
a way to help promote quality communities across the state. Their efforts led to the enactment of
Chapter 213 of the Laws of 2003 in New York which provides express statutory authority for cities,
towns and villages to incorporate planned unit development provisions in their local planning and
zoning.

In order to further assist communities in making creative and effective use of the new PUD
statute, the Rural Resources Commission has prepared this guide. It discusses when and how to use
planned unit development as well as options for incorporating it in local zoning ordinances. A key
to the implementation of these provisions is to link them with the municipality’s comprehensive
plan. Members of the Commission would appreciate any feedback readers and users of this guide
wish to share regarding how it might be improved as well as examples of its use in localities. You
may contact the Commission at the address shown on the inside cover of this document.

On behalf of my colleagues on the Rural Resources Commission and members of the state
land use advisory committee, I wish to compliment municipal leaders considering the use of planned
unit development and related community development tools. It is through their efforts that New
York will remain a quality place to live, work and play for years to come.

Sincerely,

Senator George H. Winner, Jr., Chairman

NYS Legislative Commission on Rural Resources

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A Guide to Planned Unit Development

Village of Hagaman in Montgomery County

Located in the Mohawk Valley, near Amsterdam, the Village of Hagaman has
many historic and open space resources; not to mention, a charming rural
main street, the community can protect through planned development.

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A Guide to Planned Unit Development

When and How to Use the Model Local Law In This Report
Most planned unit development
(PUD) local laws seek to achieve
greater design flexibility and econo-
mies of scale in the development of
particular land areas within the com-
munity. Above all, PUD provisions
target specific goals and objectives
included in the municipality’s com-
prehensive plan. Generally, PUD lo-
cal laws anticipate projects that de-
velop a tract of land as a unit (rela-
tively large scale, but not always) in
a unified manner. For example, a
community that anticipates receiving Seneca Falls (Seneca County)
a rezoning or site plan application for
the development of a large shopping
mall could use a mixed-use PUD law The Village of Seneca Falls’ successful waterfront and
to negotiate significant design and main street revitalization along the historic Erie Canal in
use changes instead of ending up the Finger Lakes region.
with yet another commercial strip.

Similarly, a community faced with the prospect of uniform single-lot subdivisions, could instead en-
courage some on-site shopping and services for homeowners and a mix of housing types and styles. Like-
wise, a rural community could adopt PUD provisions in advance of development in order to indicate the
areas its feels are appropriate for mixed-use and more intense development.

Although PUD development is designed primarily for larger-scale projects, its use is not strictly limited
to communities with one or more large lots under single ownership. PUDs are among the most flexible of
zoning techniques because their provisions are set by local law. Whereas standard zoning may promote lot-
by-lot development in which the entire tract is covered with lots of uniform size, PUD local laws can
include the possibility of several medium-sized or smaller lots where the owners work together in using the
PUD development options provided by the community. PUDs also provide the opportunity to achieve
flexibility in architectural design, a mix of compatible land uses as well as the preservation of key natural
or historic features, that are otherwise difficult to achieve using traditional, lot-by-lot zoning.

Before they can be implemented, PUD provisions must be added to the community’s zoning local law or
ordinance. The process of adding PUD provisions to the local zoning law is identical to adopting any
zoning local law or amendment. The PUD local law must be drafted, published, subjected to public hear-
ing, the zoning map amended, adopted and filed. The challenge is to choose appropriate methods for
designating sites for PUD development, providing appropriate guidelines and establishing a process by
which applications are approved by the municipality.

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A Guide to Planned Unit Development

When and How to Use the Model Local Law In This Report Continued
The PUD local law may designate one or more particular sites the comprehensive plan currently indi-
cates should be developed in a more flexible manner than is provided for by the underlying zoning. If so,
it can require that the site or sites be developed as a PUD. Or, the zoning local law or ordinance can allow
PUD development in certain types of situations and provide for specific site designation at a later time,
upon application by one or more landowner-developers or upon the initiative of the local legislature.

The PUD local law must state its purpose, contain standards for site and building development, and
describe a process for reviewing and approving individual projects. In drafting these provisions care should
be taken to involve landowners, developers and neighbors so that all are as well informed as possible of the
community’s intentions, objectives and standards, including any necessary mitigating or other provisions
that assure the project is in harmony with surrounding land uses.

The review and approval of PUD applications is another major consideration. If the local legislature is
to retain the authority, the standards contained in the PUD local law provisions can be more general,
although specific enough to help clarify when, where and under what circumstances the community desires
PUD development. If the legislature delegates to the local planning board the responsibility of reviewing
and approving PUD applications, the standards must be more specific.

Another PUD review and approval option is a three-step process where responsibility is shared by the
local legislature, planning or zoning board. In such instances, the applicant may be requested to submit a
preliminary plan to the legislative body for its approval (and amendment of the zoning local law if the
subject PUD district is not already designated on the zoning map). Afterward, the planning board is respon-
sible for approval of a final plan and oversight of its implementation, which may involve several develop-
ment phases.

Not the only option a municipality may want to consider, this approach is the one envisioned in the
model local PUD law presented herein. Offered as a guide to local officials and their technical advisors, an
experienced attorney will be able to assist a community in tailoring the general outline of the model so that
it meets local needs and goals.

It is strongly advised that officials who are planning to incorporate PUD provisions in local zoning laws
or ordinances review the following authoritative works in order to avoid possible legal complications later
on: All You Ever Wanted To Know About Zoning, by Sheldon W. Damsky, Joseph M. Catalano & James
A. Coon, published by the New York Planning Federation and Well Grounded: Using Local Land Use
Authority to Achieve Smart Growth, by John R. Nolon, published by the Environmental Law Institute.

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A Guide to Planned Unit Development

A Local Law in relation to the establishment of

Planned Unit Development Districts and the
Review of Planned Unit Development Plans
City/Town/Village of ___________________
Local Law No. ______ for the year _______

Section 1. Legislative Purpose

The (city/town/village) of _________ hereby finds and determines that:

(a) When coordinated with the municipal comprehensive plan, planned unit develop-
ment can be an effective tool for guiding development in ways that support community goals
and priorities.

(b) Planned unit development provides a means by which different land uses within
an area covered by a single development plan may be combined to achieve compatibility
among such uses. Unattainable with traditional municipal zoning techniques, planned unit
development provides flexibility in the regulation of land use development in order to (i)
encourage innovation in land use variety and design, in the layout and type of new structures
and in their integration with existing structures; (ii) enhance efficiency in the use of land,
natural resources, energy, community services and utilities; (iii) encourage open space preser-
vation and protection of natural resources, historic sites and structures; (iv) facilitate the
provision of housing and improved residential environments; and (v) enhance the ability of
municipalities to promote business and employment opportunities.

Section 2. Definitions

As used herein:

(a) “Authorized board or body” means the (city/town/village planning board or other
body) designated by the legislative body to review and act on final planned unit development
plans.

(b) “Planned unit development” means a site upon which residential, commercial,
industrial or other land uses or any combination thereof may be authorized in a flexible
manner so as to achieve the goals of the municipal comprehensive plan.

(c) “Planned unit development district” means an independent, freestanding zoning

district, wherein the zoning regulations need not be uniform for each class or type of land use,
but where the use of land shall be in accordance with a preliminary planned unit development
plan approved by the legislative body.

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A Guide to Planned Unit Development

d) “Preliminary planned unit development plan” means a proposal for a planned unit
development prepared in a manner prescribed by local regulation showing the layout of the
proposed project including, but not limited to, maps, plans, or drawings relating to proposed
land uses, approximate location and dimensions of buildings, all proposed facilities unsized,
including preliminary plans and profiles, at suitable scale and in such detail as is required by
local regulation; architectural features, lot sizes, setbacks, height limits, buffers, screening,
open space areas, lighting, signage, landscaping, parking and loading, traffic circulation,
protection of natural resources, public or private amenities, adjacent land uses and physical
features, and such other elements as may be required by local regulation.

(e) “Preliminary planned unit development plan approval” means the approval
with conditions, if any, of the layout of a proposed planned unit development as set forth in a
preliminary plan and the simultaneous amendment of the zoning local law or ordinance by the
legislative body to create and map a planned unit development district encompassing the pre-
liminary plan; subject to the approval of the plan in final form pursuant to the provisions of this
local law.

(f) “Final planned unit development plan” means an approved preliminary planned
unit development plan prepared at such additional detail and showing information as is
required by local regulation, and the modifications, if any, required by the legislative body at
the time of approval of the preliminary planned unit development plan, if such preliminary
plan has been so approved.

(g) “Final planned unit development plan approval” means the signing of a final plan
by a duly authorized officer of the authorized board or body pursuant to a resolution granting
final approval to the plan or after conditions, if any, specified in said resolution granting
conditional approval of the plan are completed. Such final approval qualifies the plan for
filing in the office of the clerk as provided herein.

Section 3. Authority

In addition to any other powers and authority to plan and regulate by zoning, the (City/Town/
Village of _______) hereby enacts requirements for the review of planned unit development
plans and the establishment and simultaneous mapping of planned unit development districts
pursuant to the provisions of this local law.

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A Guide to Planned Unit Development

Section 4. Elements

(Municipalities adopting planned unit development local laws may consider including
the following elements in the review and approval of planned unit developments):

(a) describe the goals underlying the creation of a planned unit development district,
including the types of land uses, structures and development density permitted,
as well as provisions, if any, relating to cluster development, incentives, bonuses, open space,
historic structures and areas;

(b) describe the minimum acreage necessary for the establishment of a planned unit
development district;

(c) provide for multi-year approvals of final planned unit development plans in
phases, including a schedule for the completion of buildings, public and private facilities and
site improvements;

(d) describe the procedures for amending final planned unit development plans,
including any notice and hearing provisions for such amendments;

(e) include provisions that ensure consistency of preliminary and final planned unit
development plans with the municipal comprehensive plan;

(f) include provisions whereby approval of a preliminary and/ or final planned unit
development plan may lapse or be withdrawn upon failure of the applicant to proceed with
the development or otherwise fail to meet conditions of approval;

(g) designate the authorized board or body that shall review and act upon final
planned unit development plans;

Section 5. Compliance with state environmental quality review act

In its review and approval of applications to create planned unit development districts
pursuant to this local law, the legislative body shall comply with the provisions of the state
environmental quality review act under article eight of the environmental conservation law
and its implementing regulations.

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Section 6. Methods of Procedure

(Municipalities adopting planned unit development local laws may consider, including
the following methods of procedure for the review and approval of planned unit develop-
ments):

(a) upon the receipt of an application and preliminary plan for the establishment of a
planned unit development district, the legislative body shall review the application and
preliminary plan in consultation with the authorized board or body;

(b) within ninety days of receiving the application, and prior to acting on a zoning
amendment to create a planned unit development district, the legislative body shall hold one
or more public hearings on such proposed preliminary plan and amendment. Notice of the
public hearing should be published in a newspaper of general circulation at least ten calendar
days in advance of the hearing. The proposed zoning amendment and preliminary plan
should be made available for public review at the office of the clerk and may be made avail-
able at any other public place;

(c) At least ten days before the public hearing on the application and proposed amend-
ment to the zoning ordinance to create a planned unit development district, the legislative
body shall mail notices thereof to the applicant and to the county planning board or agency or
regional planning council, as required by section two hundred thirty-nine-m of the general
municipal law, which notice shall be accompanied by a full statement of such proposed
action, as defined in subdivision one of section two hundred thirty-nine-m of the general
municipal law.

(d) within one hundred twenty days of receiving the application and after holding
public hearings, the legislative body shall act to approve, approve with modifications and/or
conditions or deny the application, and if approved amend the local law or zoning ordinance
to establish and map a planned unit development district. Upon taking such action, the
legislative body shall advise the applicant, the authorized board or body and the county
planning board or agency, in writing of its determination within five business days after such
action is taken, and place a copy of such letter on file in the office of the clerk;

(e) a final planned unit development plan shall be submitted by the applicant to the
authorized board or body for review and approval, or approval with modifications and/or
conditions. Review of the final planned unit development plan by the authorized board or
body shall take into consideration the preceding action of the legislative body on the prelimi-
nary planned unit development plan; and

(f) the authorized board or body’s determination on the final planned unit develop-
ment plan shall be filed in the office of the clerk within five business days after such decision
is rendered, and a copy thereof mailed to the applicant.

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A Guide to Planned Unit Development

Section 7. Effective Date.

This act shall take effect upon its filing in the office of the Secretary of State of the
State of New York and the clerk is hereby directed to file such local law immediately.

East View Gardens is located in the Village of Minoa, NY (Onondaga County) the site of the old
Minoa High School. Its proximity to the center of the Village allows for easy access to shopping and
all the amenities of village life. The project’s owner is the Minoa Housing Co. I, LP, which consists of
the Southern Hills Preservation Corp. and David Bacon as the general partners.

Photo courtesy of www.pedbikeimages.org / Dan Burden

Communities can encourage development that has creative site design and mix of uses of incorpo-
rating flexibility into its ordinances, especially with regard to use, setbacks and minimum lot sizes.
Planned unit developments can help developers build projects that otherwise would fail to meet
traditional zoning standards, while giving local governments valuable design oversight. — Tompkins
County Planning

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A Guide to Planned Unit Development

The St. Isaac Jogues Apartments, sponsored by

the Diocese of Buffalo, NY is located in
Wheatfield, NY. Funding for the project has been
provided by the U. S. Department of Housing &
Urban Development’s HUD 202 Program and
with funds provided by the Affordable Housing
Program of the Federal Home Loan Bank of New
York, (AHP-FHLBNY). This three story low-
income housing project will house senior
citizens who are 62 years or older. There are
forty-nine (49) one-bedroom apartment units
that have a full kitchen, living room, bathroom,
appliances and ample storage.

Photo courtesy of www.pedbikeimages.org / Dan Burden

This Boulder, Colorado development was planned with its occupants - single parent families - in mind. Building clusters
surround a central green space, creating a sense of community and a place for children to play. Parking is near the front
door of each unit, making it easy to get kids and groceries from car to home. And kitchen sinks are located at front
windows so that children can be watched while playing.

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