The Planned Development District (PDD) is hereby established
with potential applicability to any property in the Town of Brookhaven
where its use will serve to further the legislative intent of this
article. The boundaries of each Planned Development District shall
be fixed by amendment to the official Town Zoning Map wherever this
district is applied.
The amount and type of development permitted within a Planned
Development District shall be the same as that permitted in the underlying
zoning districts prior to the time of Town Board PDD approval, except
the Town Board may allow an increase or change in the amount of permitted
development subject to the following requirements:
A. Residential density requirements. Residential density shall be as required and regulated by the locational and density regulations contained in MF Residence (§§
85-273 and
85-280) and PRC Residence Districts §§
85-296 and
85-298.
B. Nonresidential density requirements. Nonresidential density shall be subject to all the land use intensification mitigation provisions of this chapter (§
85-82), except that the increase in PDD land use intensification shall be calculated as follows: the land use intensification percentage of the less restrictive zone in which the proposed use is located (the use proposed by the PDD master plan as listed and permitted in §
85-740) minus the land use intensification percentage of the more restrictive zone (the underlying zoning district prior to the time of Town Board PDD approval).
In the event any clause, sentence, section, paragraph or provision
of this article shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this article, but shall be confined in its operation
to the clause, sentence, section, paragraph or provision directly
involved in the controversy in which such judgment shall have been
rendered.