A.
The purpose of the Planned Development District classification
is to provide for the rezoning of land to residential, commercial
and industrial development zones in conformance with provisions and
standards which ensure compatibility among all the land uses, foster
innovation in site planning and development and encourage sound design
practices.
B.
Provision is included for Planned Development Districts
to permit the establishment of areas in which diverse uses may be
brought together in a compatible and unified plan of development which
shall be in the interest of the general welfare of the public. In
Planned Development Districts, land and structures may be constructed
and used for any lawful purpose in accordance with the provisions
set forth in this article.
C.
In order to carry out the intent of this article,
a Planned Development District shall achieve the following objectives:
(1)
A maximum choice in the types of environment, occupancy,
tenure, types of housing, lot sizes and community facilities available
to Village residents at all economic levels.
(2)
More usable open space and recreation areas and more
convenience in the location of accessory commercial and service areas.
(3)
A development pattern which preserves trees, outstanding
natural topography and geologic features and prevents soil erosion.
(4)
A creative use of land and related physical development
which allows an orderly transition of land from rural uses.
(5)
An efficient use of land resulting in smaller networks
of utilities and streets and thereby lower housing costs.
(6)
A development pattern in harmony with the objectives
of the Master Plan.
(7)
A more desirable environment than would be possible
through the strict application of other articles of this chapter.
A.
The procedure for obtaining a change in zone for undertaking
development within a Planned Development District shall be as follows:
(1)
The owner or agent thereof of the land shall apply, in writing, and shall submit two copies of a preliminary development plan to the Village Planning Board as described in § 125-21.
(2)
The Planning Board shall discuss the proposed application
and shall review the preliminary development plan with the owner within
21 days. The Planning Board shall prepare recommendations with regard
to the preliminary development plan and, if applicable, the proposed
change of zone.
(3)
The Planning Board shall send a copy of its recommendations
to the owner within 30 days of said meeting indicating its approval
in principle or its disapproval. If the preliminary development plan
is approved in principle, the Planning Board shall state any specific
changes it may require.
(4)
The owner shall submit three copies of an application for a change of zone and three copies of a development plan as described in § 125-22.
(5)
The Planning Board shall discuss the development plan with the owner within 30 days of submission. The Planning Board will submit its finding to the Village Board as required in § 125-23 within 30 days of said meetings or any continued session thereof.
(6)
After receipt of the Planning Board's recommendations,
public notice shall be given and a public hearing held by the Village
Board on the proposed change of zone and approval of the development
plan.
(7)
After the public hearing, the Zoning Map may be amended
so as to define the boundaries of the Planned Development District,
but such action shall have the effect only of granting permission
for development of the approved development plan proposal, in accordance
with this chapter, within the area so designated. If the zone change
and development plan is approved, an appropriate notation to that
effect will be made on the face of three copies of the development
plan. One copy will be retained by the Village Clerk, one copy will
be given to the Planning Board, and one copy will be returned to the
owner.
B.
If the execution of the entire development plan has
not occurred within five years of the effective date of the zoning
change or a change in property ownership occurs, the Planned Development
District classification shall revert to the prior classification,
the approved development plan shall be invalid, and a new application
shall be made.
A.
The owner shall submit a preliminary development plan
to the Planning Board for review, which shall include the following
information:
(1)
A survey of the property showing existing features
of the property, including contours, buildings, structures, trees
over four inches in trunk diameter, streets, utility easements, rights-of-way
and adjacent land use.
(2)
A proposed site plan showing building locations and
land use areas.
(3)
The proposed traffic circulation, parking areas, pedestrian
walks and landscaping.
(4)
The proposed construction sequence for buildings,
parking spaces and landscaped areas.
(5)
A statement as to how common open space is to be owned
and maintained.
B.
Factors for consideration.
(1)
The Planning Board's review of a preliminary site
plan shall include, but is not limited to, the following considerations:
(a)
The adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, channelization
structures and traffic controls.
(b)
The adequacy and 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)
The location, arrangement, appearance and sufficiency
of off-street parking and loading.
(d)
The location, arrangement, size and design of
buildings, lighting and signs.
(e)
The adequacy, type and arrangement of trees,
shrubs and other landscaping constituting a visual and/or a noise-deterring
buffer between adjacent uses and adjoining lands.
(f)
In the case of apartment houses or multiple
dwellings, the adequacy of usable open space for playgrounds and informal
recreation.
(g)
The adequacy of stormwater and sanitary waste
disposal facilities.
(h)
The adequacy of structures, roadways and landscaping
in areas with moderate-to-high susceptibility to flooding and ponding
and/or erosion.
(i)
The protection of adjacent properties against
noise, glare, unsightliness or other objectionable features.
(j)
Conformance to other specific charges of the
Village Board which may have been stated in this chapter and other
Village laws.
(2)
In its review, the Planning Board may consult with
the Village Engineer and other Village, 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
Conservation. The Planning Board may require that exterior design
of all structures be made by or under the direction of a registered
architect whose seal shall be affixed to the plans. The Planning Board
may also require such additional provisions and conditions that appear
necessary for the public health, safety and general welfare.
A.
The owner shall submit a development plan to the Planning
Board for review, together with the application for a change of zoning
classification.
B.
The development plan shall be prepared by an architect,
landscape architect, engineer or land surveyor and shall include the
following information:
(1)
A site plan showing proposed building locations and
land use areas.
(2)
The traffic circulation, required parking and loading
areas and pedestrian walks.
(3)
A landscaping plan, including site grading and landscape
planting and structures.
(4)
Preliminary drawings of buildings to be constructed
in the current phase, including floor plans, exterior elevation and
sections.
(5)
The preliminary engineering plans, including street
improvements, drainage system and public utility extensions.
(6)
Engineering feasibility studies of any anticipated
problems which might arise due to the proposed development, as required
by the Planning Board.
(7)
A location map showing uses and ownership of abutting
lands.
(8)
The construction sequence and time schedule for the
completion of each phase for buildings, parking spaces and landscaped
areas, if applicable.
D.
This development plan shall be in general conformance
with the approved preliminary development plan. Approval shall be
secured by the owner for each phase of the development. Such phase
approval shall be valid for three years, at which time, unless the
proposed development has been completed, the development plan approval
shall terminate.
The Planning Board, after determining that the
requirements of this chapter dealing with Planned Development Districts
have been met, shall recommend the approval, approval with modifications
or disapproval of the development plan to the Village Board. The Planning
Board shall enter its reasons for such action in its records. The
Planning Board may recommend the establishment of a Planned Development
District, provided that it finds the facts submitted with the development
plan establish that:
A.
The uses proposed will not be detrimental to present
and potential surrounding uses, but will have a beneficial effect
which could not be achieved under any other district.
B.
Land surrounding the proposed development can be developed
in coordination with the proposed development and be compatible in
use.
C.
The proposed change to a Planned Development District
is in conformance with the general intent of the Comprehensive Plan
of the Village.
D.
Existing and proposed street are suitable and adequate
to carry anticipated traffic within the proposed district and in the
vicinity of the proposed district.
E.
Existing and proposed utility services are adequate
for the proposed development.
F.
Each phase of the proposed development, as it is proposed
to be completed, contains the required parking spaces, landscape and
utility areas necessary for creating and sustaining a desirable and
stable environment.
G.
The proposed development plan with all proposed buildings,
parking spaces, landscape and utility areas can be completely developed
within five years of the establishment of the district.
If the Village Board grants approval, the Zoning
Map shall be so notated. The Village Board may, if it feels it necessary
in order to fully protect the public health, safety and welfare of
the community, attach to this chapter 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.
For the purposes of regulating development and
use of property after initial construction and occupancy, any changes
other than use changes shall be processed as variance requests. Use
changes shall be processed as requests for special permits requiring
Village Board approval. It shall be noted, however, that properties
lying in Planned Development Districts are unique and shall be so
considered by the Board of Appeals and/or the Village Board when evaluating
variance and special permit requests, and maintenance of the intent
and function of the planned unit shall be of primary importance.
The Village Board, prior to approval of a Planned Development District, shall review the terms of the performance bond specified in § 125-22B(9). The Board may require such different or additional security as is deemed reasonably necessary to protect the public health, safety and general welfare. If said security is in the form of a performance bond, it shall be issued by a bonding or surety company approved by the Village Board and shall be approved as to form, sufficiency, manner of execution, term, manner of modification and method of enforcement. If said security is in the form of cash, irrevocable letter of credit, etc., the Village shall determine the form sufficiency, manner of execution, term, manner of modification and method of enforcement.
