A. 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 or any part thereof may be filed in the office of the Monroe County Clerk, the developer or his authorized agent shall apply for and secure approval of such planned unit development in accordance with the following procedures.

B. Application procedure for concept plan approval.

(1) In order to allow the Town authorities 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 Town Board. The sketch plan shall be approximately as indicated to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information:

(a) The location of the various uses and their areas in acres.
(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 composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (i.e., single-family detached, duplex, townhouse, garden apartments, high-rise, etc.) and general description of the intended market structure (i.e., luxury, middle-income, moderate-income, elderly units, family units, etc.), plus a calculation of the residential density in dwelling units per gross acre (total area, including interior roadways) for such area.
(d) The interior open space system. Only usable land shall be considered for such purposes.
(e) The overall drainage system concept.
(f) If grades exceed 3% or portions of the site have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five feet of elevation shall be provided along with an overlay outlining the above susceptible soil areas, if any. (Note: Maps showing soil areas and classification for the towns of Monroe County have been prepared by the Monroe County Department of Planning and the Soil Conservation Service. These maps designate general soil characteristics and are available for inspection at the Town Hall and the County Office Building. Where a potentially significant development problem exists, a special on-site investigation should be conducted.)
(g) Principal ties to the community at large, with respect to transportation, water supply and sewage disposal and solid waste disposal.
(h) General description of the provisions of other community facilities, such as schools, fire protection services and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.
(i) A location map showing uses and ownership of abutting land and those within 300 feet.

(2) In addition, the following documentation shall accompany the sketch plan:

(a) Evidence of how the developer's particular mix of land uses meets existing community demands.
(b) Evidence that the proposal is compatible with the goals of the Official Comprehensive Land Use Plan.
(c) A general statement as to how common open space is to be owned and maintained.
(d) 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.
(e) Evidence of any sort in the applicant's own behalf to demonstrate his technical and financial competence to carry out the plan and his awareness of the scope of such a project.

(3) Community and environmental impact statement. The applicant shall submit two copies of a community and environmental impact statement with the application, said statement to be in compliance with Part 617, State Environmental Quality Review Act (SEQRA), the Freshwater Wetlands Act and associated local laws enacted from time to time by the Town of Henrietta.
(4) The Town Board shall refer the concept plan and its related documents to the Planning Board or, in the event there is no Planning Board, to the independent professional planning consultant for review. The Planning Board or such planning consultant, as the case may be, shall render either a favorable or an unfavorable report to the Town Board and a copy to the applicant. The reviewers may call upon the County Department of Planning, the Soil Conservation Service and any other public or private consultants that they feel is necessary to provide a sound review of the proposal.

(a) A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering planned unit development districting. It shall be based on the following findings, which shall be included as part of the report:

[1] That the proposal conforms to the Comprehensive Land Use Plan.
[2] That the proposal meets the intent and objectives of the planned unit development, as expressed in § 295-29: Statement of intent; objectives.
[3] That the proposal meets all the general requirements of § 295-30: General requirements.
[4] That the proposal is conceptually sound in that it meets a community need and it conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements, both absolutely and to one another.
[5] That 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 therefor and, if appropriate, point out to the applicant what might be necessary in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application for planned unit development districting with the Town Board. The Town Board may then determine on its own initiative whether or not it wishes to call a public hearing.

(5) The Chairman of the Planning Board acting with Planning Board approval or the planning consultant, as the case may be, shall certify when all of the necessary application material has been presented, and the Planning Board or such planning consultant shall submit its report within 60 days of such certification. If no report has been rendered after 60 days, the applicant may proceed as if an unfavorable report were given to him.
 

(1) Upon receipt of a favorable report from the reviewer 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 planned unit development districting for the applicant's plan, in accordance with the procedures established under §§ 264 and 265 of the Town Law or other applicable law, said public hearing to be conducted within 45 days of the receipt of the favorable report or the decision on appeal from an unfavorable report.
(2) The Town Board shall refer the application to the County Planning Council for its analysis and recommendations, and the Town Board shall also refer the application to the Director of Engineering and Planning for his review.

(a) The Town Board shall give the County Planning Council at least 30 days to render its report, and within 45 days after the public hearing, the Town Board shall render its decision on the application.
(b) The Director of Engineering and Planning shall submit a report to the Town Board within 30 days of the referral, duly noting the feasibility and adequacy of those design elements under his sphere of interest. This report need only concern itself with general conceptual acceptance or disapproval, as the case may be, and in no way implies any future acceptance or rejection of detailed design elements as will be required in the later site plan review stage. The Director of Engineering and Planning may also state in his report any other conditions or problems that must be overcome before consideration of acceptance on his part.
 

D. Zoning for planned unit developments.
(1) If the Town Board grants the planned unit development districting, the Zoning Map shall be so notated. The Town Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, circulation systems, both vehicular and pedestrian, availability of sites within the area for necessary public services, such as schools, firehouses and libraries, protection of natural and/or historic sites and other such physical or social demands. The Town Board shall state at this time its findings with respect to the land use intensity or dwelling unit density as called for in § 295-30E.
(2) Planned unit development districting shall be conditional upon the following:

(a) Securing of final site plan approval in accordance with the procedures set forth in § 295-32: Site plan approval.
(b) Compliance with all additional conditions and requirements as may be set forth by the Town Board in its resolution granting the planned unit development district.

Site plan approval.

A. Application for preliminary site plan approval. Application for preliminary site plan approval shall be to the Planning Board or to the planning consultant, as the case may be, and shall be accompanied by the following information prepared by a licensed engineer, architect and/or landscape architect:

(1) An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
(2) A topographic map showing contour intervals of not more than five feet of elevation.
(3) A preliminary site plan, including the following information:

(a) Title of drawing, including the name and address of the applicant.
(b) North arrow, scale and date.
(c) Boundaries of the property plotted to scale.
(d) Existing watercourses.
(e) A site plan showing the location, proposed use and height of all buildings and the 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; description of method of sewage disposal, water supply 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 nonresidential uses, if any. (Note: All methods of sewage disposal must conform to the Monroe County Pure Waters Master Plan and meet all other state and county requirements.)

(4) A tracing overlay showing all soil areas and their classifications, depth to bedrock and those areas, if any, with moderate to high susceptibility to flooding and moderate to high susceptibility to erosion. For areas with potential erosion problems the overlay shall also include an outline and description of existing vegetation.
 

(1) The review of a preliminary site plan shall include, but is not limited to, the following considerations:

(a) The arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
(b) The 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.
(c) Location, arrangement, appearance and sufficiency of off-street parking and loading.
(d) Location, arrangement, size and design of buildings, lighting and signs.
(e) Relationship of the various uses to one another and their scale.
(f) Type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise-deterring buffer between adjacent uses and adjoining lands.
(g) In the case of apartment houses or multiple dwellings, the acreage of usable open space for playgrounds and informal recreation.
(h) Proposed stormwater and sanitary waste disposal facilities.
(i) Proposed structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
(j) Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(k) Conformance with other specific charges of the Town Board which may have been stated in the zoning resolution.
(l) The general standard for the setback of residential buildings from the property line shall be 30 feet. However, the Planning Board may require greater or lesser setbacks for specific circumstances.

(2) The reviewer may consult with the Director of Engineering and Planning 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 Environmental Conservation. The reviewer may require that exterior design of all structures is made by, or under the direction of, a registered architect, whose seal shall be affixed to the plans, and may require such additional provisions and conditions as appear necessary for the public health, safety and general welfare.
 

(1) Within 62 days of the receipt of the application for preliminary site plan approval, the Planning Board or such planning consultant shall act on it. If no decision is made within said sixty-two-day period, the preliminary site plan shall be considered conditionally approved. The reviewer'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.
(2) The statement may include recommendations as to desirable revisions to be incorporated in the final site plan, the conformance with which shall be considered a condition of approval. Such recommendations shall be limited, however, to siting and dimensional details within general use areas and shall not significantly alter the sketch plan as it was approved in the zoning proceedings.
(3) If the preliminary site plan is disapproved, the reviewer's statement shall contain the reasons for such findings. In such case, the reviewer may recommend further study of the site plan and resubmission of the preliminary site plan after it has been revised or redesigned. No modification of existing stream channels, filling of lands with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with moderate to high susceptibility to erosion nor excavation for and construction of site improvements shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of this chapter, and, where necessary, final site plan approval may require the modification or removal of unapproved site improvements.
 

D. Request for changes in sketch plan. If in the site plan development it becomes apparent that certain elements of the sketch plan, as it has been approved by the Town Board, are unfeasible and in need of significant modification, the applicant shall then present his solution to the Planning Board or planning consultant as his preliminary site plan in accordance with the above procedures. The reviewer shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the site plan shall be considered as disapproved. The developer may then, if he wishes, produce another site plan in conformance with the approved sketch plan. If an affirmative decision is reached, the reviewer shall so notify the Town Board, stating all of the particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary site plan approval may then be given only with the consent of the Town Board.

E. Application for final detailed site plan approval.

(1) After receiving conditional approval on a preliminary site plan as outlined above and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his final detailed site plan and submit it to the Planning Board or planning consultant for final approval, except that if more than 12 months have elapsed between the time of the reviewer's report on the preliminary site plan and if such reviewer finds that conditions have changed significantly in the interim, the applicant may be required to resubmit the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
(2) The final detailed site plan shall conform substantially to the preliminary site plan which has received preliminary site plan approval. It should incorporate any revisions or other features which may have been recommended at the preliminary review. All such compliances shall be clearly indicated by the applicant or the appropriate submission.
(3) The project engineer shall submit to the Director of Engineering and Planning engineering data to substantiate the adequacy of all utilities as set forth in Subsection § 295-32B(1)(a), § 295-32B(1)(b), § 295-32B(1)(f), § 295-32B(1)(g), § 295-32B(1)(h) and § 295-32B(1)(i) of the site plan approval process for final site plan review.
(4) The project engineer shall submit to the Director of Engineering and Planning final grading plans prepared from contour maps on information actually obtained by field data, showing contour intervals of not less than two feet of elevation of existing topography, and with final proposed contour overlay.
 

F. Action on the final site plan application. Within 62 days of the receipt of the application for final site plan approval, the Planning Board or planning consultant shall render a decision to the applicant and so notify the Town Board. If no decision is made within the sixty-two-day period, the final site plan shall be considered disapproved.

(1) Upon approving an application, the Planning Board or planning consultant shall endorse its approval on a copy of the final site plan and shall forward it to the Town Board for delivery to the Building Inspector or designee, who shall then issue a building permit to the applicant if the project conforms to all other applicable requirements.
(2) Upon disapproving an application, the Planning Board or planning consultant shall so inform the Building Inspector or designee and shall notify the applicant and the Town Board in writing of such decision and the reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
 

G. Staging. If the applicant wishes to stage his development and he has so indicated as per § 295-31B(2)(d), 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 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 planned unit development shall the ratio of nonresidential to residential acreage or the ratios of dwelling units constructed between the several different housing types for that portion of the planned unit development completed and/or under construction differ from that of the planned unit development as a whole by more than 10% from the proportions required.

Additional regulations.

A. Regulation after initial construction and occupancy. For the purpose of regulating and development and use of property after initial construction and occupancy, any changes shall be processed as a special use permit request to the Town Board. It shall be noted, however, that properties lying in planned unit development districts are unique and shall be so considered by the Town Board when evaluating these requests, and maintenance of the intent and function of the planned unit shall be of primary importance.

B. Site plan review. Site plan review under the provisions of this article shall suffice for review of subdivisions under Chapter 245: Subdivision of Land, subject to the following conditions:

(1) The developer shall prepare sets of subdivision plats suitable for filing with the office of the Monroe County Clerk in addition to those drawings required above.
(2) The developer shall plat the entire development as a subdivision. However, planned unit developments being developed in stages may be platted and filed in the same stages.
(3) Final site plan approval under § 295-32F shall constitute final plat approval under Chapter 245: Subdivision of Land, and provisions of § 276 of the Town Law requiring that the plat be filed with the Monroe County Clerk within 62 days of approval shall apply.

Issuance of building permits.
No building permits shall be issued for construction within a planned unit development district until improvements are installed or a performance bond posted in accordance with the same procedures as provided for in § 277 of the Town Law relating to subdivisions. Other such requirements may also be established from time to time by the Town Board.

See Forms, Permits and Applications for more information.