§ 70-98.4. Eligible properties.

To be considered for PUD designation, a property must meet the following criteria:

A. 

Minimum area. The minimum area for a PUD shall be 90 acres of land:

(1) 

Located completely within the Town of North Hempstead;

(2) 

Having contiguity, except for any dividing street, public or private, on which such tract, or any portion thereof, may have frontage; and

(3) 

At least 45 acres of which must be in the unincorporated portion of the Town and the balance of which may be within contiguous areas of incorporated villages within the Town.

B. 

Permitted uses. If the underlying zoning is residential, only residential, recreational, institutional and educational uses may be included in the PUD, except that limited commercial uses may be permitted which are clearly incidental and complimentary to the proposed use. In no instance shall the commercial use exceed 10% of the total development of the PUD. Property located in the following districts are excluded from PUD consideration:

(1) 

Parking district (P).

(2) 

Transportation District (T).

(3) 

Hospital District (H).

(4) 

Community Facility District (CFD).

C. 

Ownership. The land proposed for a PUD may be owned by one or more persons, partnerships, limited partnerships, trusts or corporations, but must be presented as a single entity at the time of application for PUD Master Plan approval by the Town Board. The application shall be jointly binding on all of them and all future owners. Notwithstanding the foregoing, the applicants may assign specific construction, operation and maintenance responsibilities to specific lots, and, upon doing so and providing assurance to the Town, the other lots shall be relieved of such responsibilities. Legal agreements in a form satisfactory to the Town Attorney shall be provided to assure this.

Amended 8-4-1998 by L.L. No. 14-1998