The following additional zoning regulations (i.e., conditions and/or “specifics”) shall apply to the parcels/lands identified at Zoning Map Designation: G(1) in addition to the regulations of the standard zoning district(s) pertaining to such lands (i.e., the regulations of the PUD District), all as set forth below. Where there is any inconsistency between the regulations of the standard zoning district and these additional regulations, these additional regulations shall prevail. The issuance of permits for the erection of permanent buildings within the Riverton PUD District, effective as of April 10, 1972, shall be subject to and conditioned upon the following conditions and requirements.
(1) Definition of "developer." The word "developer" shall mean any applicant for a permit to take any action affecting property in the Riverton PUD District, as required by this ordinance or the Town's PUD Ordinance (Henrietta Town Code,
Article IX: PUD Planned Unit Development Districts,
§ 295-29: Statement of intent; objectives et seq.), hereinafter called the "General PUD Ordinance." All such applicants shall be deemed part of a single ownership group for purposes of
§ 295-30B of the General PUD Ordinance if such applicants are successors in ownership, directly or indirectly, from Riverton Properties, Inc., or the United States.
(2) Application of standard. The requirements of
§ 295-30D(1) of the General PUD Ordinance shall be deemed satisfied at the time of presentation by any developer of an application for preliminary or final site plan approval if, and only if, either the Riverton PUD District is in compliance with such requirements as developed at the time of such application, including the units proposed in such application, or the Henrietta Planning Board has received reasonably satisfactory evidence, in the form of land use covenants, commitments to such Board or otherwise, that the Riverton PUD District will be in compliance with such requirements when fully developed.
(3) Public improvements.
(a) All matters pertaining to the availability and installation, including but not limited to design and location of sewers, water mains, and drainage, including all transmission facilities, shall require the approval of the Town Board upon recommendation of the Town's consulting engineers.
(b) The entire cost of the design and construction of all such sewer, water, and drainage facilities, including transmission facilities, in excess of any federal and/or state aid, shall be borne by the developer, unless otherwise provided in a manner acceptable to the Town Board.
(c) Sewer and water entrance fees shall be paid by the developer in such amount as are from time to time determined by the Town Board.
(d) All sewer, water, and drainage facilities shall upon their completion be turned over to the Town's sewer, water, and drainage districts, together with all necessary maintenance easements.
(4) Roads. All through roads within the Riverton PUD District shall be built according to the Town's specifications as generally applied throughout the Town, and, as and when requested by the Town, any or all of these roads shall be dedicated to the Town.
(5) Site plan approval.
(a) Final site plan approval must be obtained from the Henrietta Planning Board in accordance with the Town's PUD Ordinance, taking into account the objectives set forth therein. The Riverton PUD District having been designated as a PUD District as provided in the General PUD Ordinance, the provisions of
§ 295-31: Application and approval procedure for development and
§ 295-32D of the General PUD Ordinance shall not be applicable. The staging provisions contained in
§ 295-32G of the General PUD Ordinance shall be available to any developer as if such developer had filed a sketch plan providing for staging.
(b) All development within Riverton Phase I Wildflower Meadow Subdivision, as shown on a map thereof filed in the Monroe County Clerk's Office, in Liber 188 of Maps at pages 89 through 96, inclusive, shall be in accordance with such map, and no additional site plan approval shall be required within such subdivision.
(c) No development shall be permitted within the 100-year floodplain of the Genesee River (as designated by the United States Army Corps of Engineers and outlined in the 1964 Monroe County Planning Council report entitled "Primary Requirements for Drainage Planning, Rochester-Monroe County Metropolitan Area Drainage Study, Stage II"), including any changes to the existing landscape, earth moving, or the building of structures for recreation, park, or any other uses, without the prior written approval of the Monroe County Planning Council.
(d) The average dwelling unit density shall not exceed 4.3 units per acre computed for the entire acreage, including acreages used for commercial and industrial uses and for open space. For the foregoing purpose, "open space" shall include, without limitation, all lands within the Riverton PUD District owned on the effective date of this subsection by the Town or by the Riverton Community Association, Inc., but shall not include any developed acreage unless such acreage is included in an approved site plan. This average dwelling unit density is, in the judgment of the Town Board, after recommendation by the Planning Board, a fair and efficient use of the land within the Riverton PUD District and, in the judgment of the Town Board, will provide and create improved environmental quality which is the goal of a PUD development.
(6) Maintenance of common spaces. The developer shall furnish evidence satisfactory to the Town for the purpose of any private land use covenants affecting the Riverton PUD District, or any portion thereof, which may refer to such land use designation.
(7) Building locations. See
§ 295-33C(7).
(8) Off-street parking. See
§ 295-33C(8).
(9) Building height. No building shall exceed 35 feet in height, except by special use permit granted by the Town Board.
(10) Dwelling definitions. See
§ 295-33C(10).
(11) Dwelling floor area minimums. The schedule below specifies the minimum required floor areas for each dwelling type. Up to 40% of the units in each phase may be reducing in floor area, in accordance with this schedule, to further the objectives for the provision of moderate-income housing. It is the intention that the minimums set forth will not represent the maximums and that a substantial number of units will exceed the stated areas. See Table at
§ 295-33C(11).