Town of Grand Island, NY Article XXVI Planned Development Districts

§ 407-120 Authority; purpose; general rules.

A. Authority. The Zoning District Map may be amended from time to time, by local law duly enacted by the Town Board, to provide for Planned Development Districts (PDD).

B. Purpose. The provisions of this section establish special procedures for amending this code to permit the mapping of Planned Development Districts and should be read in conjunction with those articles establishing district regulations. The procedures herein established are intended to substitute procedural protections for substantive regulations in recognition of the fact that traditional density, bulk, spacing and use regulations, which may be useful in protecting the character of substantially developed and stable areas, may impose inappropriate preregulations and rigidities upon the development or redevelopment of parcels or areas which lend themselves to an individual, planned approach.

C. General rules.

(1) A Planned Development District may be mapped on the Zoning District Map either independently of any other district or as an overlay district in conjunction with any other district.

(2) In Planned Development Districts, upon approval of a specific detailed development plan as provided for herein, land and buildings may be used for any lawful purposes, as determined by the Town Board, and subject to the limitations and procedures of this article. Any deviations from the zoning restrictions of the current or, if the property is currently zoned as PDD, immediately preceding zoning district(s) will only be granted as incentives following the provision of appropriate amenities as set forth in § 407-20.

[Amended 6-4-2020 by L.L. No. 4-2020]

(3) A PDD shall be comprised of at least 25 acres. Public roads shall be permitted to divide such acreage provided that at least one acre of contiguous land area exists in each portion.

(4) One of the Town's primary goals in authorizing planned developments is the preservation of open space. A minimum of 25% of the site shall be used as open space. Open space may include walkways, plazas, landscaped areas and recreation areas. Parking areas and vehicle access facilities shall not be considered in calculating open space.

(5) The applicant shall provide for and establish a perpetual organization for the ownership and maintenance of any common property in the PDD. Such organization, which shall be established prior to any permits being issued, shall not dispose of any common property by sale or otherwise except to dedicate such property to the Town of Grand Island for public use, but nothing in this code shall require such dedication nor require the Town to accept any dedication of land.

(6) At the time of application, development concept plan approval, and detail plan approval, through the completion of construction of all improvements, ownership and/or control of the development shall be in the hands of one entity, except that for each stage if a project is done in stages, properties may be sold for completed stages, provided single control shall be maintained over each stage until the detail plan is approved and construction completed.

§ 407-121 Procedures for review.

A. Procedure.

(1) Preapplication conference:

(a) Prior to filing any application for planned development approval, the applicant may request, by letter, a preapplication conference with the Planning Board and relevant Town staffs.

(b) With such request, the applicant shall provide information including a brief and general description of the nature, location and extent of the proposed planned development; a list of any professional consultants advising the prospective applicant with respect to the proposed planned development; a list of federal, state, county and Town officials, departments and bureaus which might have a particular interest in attending such conference; and a list of neighborhood groups, neighbors and individuals whom the prospective applicant has reason to believe might be interested in attending such conference.

(c) Upon receipt of such information, a Code Enforcement Officer shall notify the Planning Board Chairperson, who shall promptly schedule such a conference. A Code Enforcement Officer shall notify the prospective applicant, and any government or private bodies, groups or individuals identified by the applicant as having an interest in the subject matter, of the time and place of such conference and of the names and affiliations of other persons who have been invited to attend.

(d) A Code Enforcement Officer shall conduct such conference, and its purpose shall be to broadly acquaint all parties with the proposals, views and concerns of all other parties at a time when positions are still flexible and adjustment is still possible. A Code Enforcement Officer will maintain a list of outside agency officials attending the conference, or who are unable to attend but indicate a continuing interest in the project. Such officials shall receive notice of any public hearing and decisions on the project.

(2) Development concept plan:

(a) Purpose. The development concept plan is intended to provide the applicant an opportunity to submit a plan showing the basic scope, character and nature of the entire proposed planned development without incurring substantial cost. The development concept plan is the basis on which the required public hearing is held, thus permitting public consideration of the proposal at the earliest possible stage. The development concept plan shall be the stage at which SEQRA[1] determinations are made. Factors to be considered in the development concept plan may include:

[1] The categories of uses to be permitted.

[2] The overall maximum density of residential uses and intensity of nonresidential uses.

[3] The general location of vehicular and pedestrian circulation systems.

[4] The general location and extent of public and private open space.

[5] The general location and extent of utility systems.

[6] The general location of residential and nonresidential structures.

[1] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

(b) Application. Applications for approval of a development concept plan shall be submitted in 10 duplicate copies to a Code Enforcement Officer. A nonrefundable application fee, as established from time to time by the Town Board to help defray administrative costs and the costs of a hearing, shall accompany each application. The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Town, but shall in all instances, unless expressly excused or modified in writing by the Planning Board, contain at least the following information and documentation, which shall constitute a development concept plan:

[1] The applicant's name and address and his interest in the subject property.

[2] The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.

[3] The names and addresses of all professional consultants advising the applicant with respect to the proposed planned development.

[4] The name, residence and the nature and extent of the interest, as defined by § 809 of the General Municipal Law of New York, of any state officer, of any officer or employee of the Town or the county in the owner-applicant or the subject property, if known to the applicant.

[5] The legal description of the subject property.

[6] The zoning classification and present use of the subject property.

[7] A map, certified by a licensed land surveyor, showing property boundary lines and dimensions; existing subdivision lots; available utilities; and easements, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property.

[8] A map of the existing site conditions, at a scale of not less than 100 feet to the inch, which depicts all significant natural, topographical and physical features of the subject property, including contours; location and extent of tree cover, including single trees in excess of 12 inches in diameter; location and extent of watercourses, marshes and floodplains on or within 100 feet of the subject property; significant rock outcroppings; existing drainage patterns; vistas; and soil conditions as they affect the development.

[9] A map depicting the existing development of the subject property and all land within 200 feet thereof and showing the dimensions and the approximate location of existing streets, property lines, easements, water mains and storm and sanitary sewers.

[10] A written statement generally describing the proposed planned development, the categories of uses to be permitted and the market which it is intended to serve; its relationship to the Comprehensive Plan; and how the proposed planned development is to be designed, arranged and operated, in order to permit the development and use of neighboring property in accordance with the applicable regulations of this code. The statement shall include a description of the applicant's planning objectives and the rationale governing the applicant's choices of objectives and approaches.

[11] Schematic drawings, at a scale of not less than 100 feet to the inch, of the proposed planned development concept, including the general location of vehicular and pedestrian circulation and parking elements; public and private open space; sewer and water systems; and residential, commercial, industrial and other land uses.

[12] A tabulation of the following information:

[a] The total number of dwelling units proposed, by type of structure and number of bedrooms.

[b] The total square feet of building floor area proposed for commercial uses and for industrial uses, by general type of use.

[c] The total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to residential uses, by type of structure; commercial uses; industrial uses; public and private open space; streets; and off-street parking and loading areas.

[d] The proposed number of off-street parking and loading spaces for each proposed type of land use.

[13] A statement of the applicant's intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed development.

[14] If the planned development is proposed for construction in stages or units during a period extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted, stating the approximate beginning and completion date for each such stage or unit, the proportion of the total public and private open space and the proportion of each type of proposed land use to be provided or constructed during each such stage; and the overall chronology of development to be followed from stage to stage.

[15] If any stage or unit is proposed to contain a proportion of open space or other public or private recreation or service facilities less than its proportion of dwelling units, a statement of what bond, credit, escrow or other assurance is proposed to ensure the development or provision of such open space or other facility.

[16] Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned development, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or commitment for title insurance.

[17] Evidence of the financing plan the applicant proposes to use to complete the proposed planned development. Evidence of the applicant's prior successful completion of projects of similar scope may be offered in satisfaction of this requirement.

[18] Such other and further information as the Planning Board or Town Board may deem necessary to a full and complete review of the proposed planned development.

[19] A SWPPP, if required for the proposed land development activity pursuant to Article XXXV of this chapter, together with the recommendation of the SMO to approve, approve with modifications, or disapprove the SWPPP pursuant to § 407-197B of this chapter. If a SWPPP is submitted with the application for approval of a development concept plan pursuant to this section, such SWPPP and development concept plan shall comply with the requirements of Article XXXV of this chapter.

[Added 12-17-2007 by L.L. No. 5-2007]

(c) Optional submission of a detailed plan. The applicant may, at his option, submit a detailed plan for the proposed planned development simultaneously with the submission of the development concept plan. In such case, the applicant shall comply with all provisions of this code applicable to submission of the development concept plan and for submission of the detailed plan. Where appropriate, the Planning Board and Town Board shall consider such plans simultaneously and shall grant or deny detailed plan approval in accordance with the provisions of this article.

(d) An informational hearing may be held by the Planning Board and shall be advertised and conducted by the Planning Board.

(e) Action by Planning Board.

[1] Within 31 days following the conclusion of the prior hearing, the Planning Board shall transmit to the Town Clerk for the Town Board's recommendation, in accordance with the standards for review established in this article, that the development concept plan either be approved, be approved subject to modifications or not be approved. In considering the development concept plan and formulating its recommendation, the Planning Board shall be guided by, and shall in its report specifically address, the standards made applicable to the proposed planned development by this code.

[2] The failure of the Planning Board to act within 31 days following the conclusion of such hearing, or such longer period as may be agreed to by the applicant, shall be deemed a recommendation for the approval of the development plan as submitted.

(f) Action by Town Board.

[1] Within 31 days following the receipt by the Town Board of the report of the Planning Board, or its failure to act as above provided, the Town Board shall conduct a public hearing. Within 62 days thereafter the Town Board shall either refuse to approve the development concept plan or shall refer it back to the Planning Board for further consideration of specified matters or shall, by local law duly adopted, approve the development concept plan, with or without modifications to be accepted by the applicants as a condition of such approval, in accordance with the standards for review established in this article, and amend the district Zoning Map of the Town to designate the area included in the approved plan as "Planned Development District No . . . . . . ; provided, however, that if such plan is approved with modifications, the Zoning Map shall not be amended until the applicant has filed with the Town Clerk written consent to such modifications, and provided further that if prior to the adoption of such amendment a protest against such amendment is presented, duly signed and acknowledged, by the owners of 20% or more of the area to be affected by the proposed amendment or by the owners of 20% or more of the area of land immediately adjacent thereto or immediately across a street therefrom, extending 100 feet therefrom, such amendment shall not be adopted except by a three-fourths vote of the Town Board. In the event that the Town Board shall fail to act within the time limit herein specified, the development concept plan shall be deemed finally denied. In the event that the Town Board, prior to the expiration of the time limit herein specified for its refusal or adoption of the proposed amendment, requests further information from the applicant, the time limit for its refusal or adoption or adoption of the proposed amendment shall be extended to 31 days after receipt of such information. The failure of the Town Board to act within the time limit herein specified shall be deemed a refusal of the application.

[2] Notice and filing of development concept plan. Within 10 days of the Town Board's action, or its failure to act as above provided, a Code Enforcement Officer shall mail notice thereof to the applicant, and those outside agencies on the list developed pursuant to this section, and shall, within 10 days of such approval, cause the development concept or such portions thereof as are appropriate to be filed with the Town Clerk. All fees in connection with such filing shall be paid, in advance, by the applicant.

(g) Action by applicant. In the event that a development concept plan is approved, or approved with modifications acceptable to the applicant, no development shall be permitted unless and until a detailed plan has been submitted and approved in accordance with the provisions of this section. In any case where the plans are resubmitted to the Planning Board, the applicant shall cooperate with the Planning Board in its further consideration of the plan.

(h) Effect of development concept plan approval. Unless the applicant shall fail to proceed with development in accordance with the schedule and plans as approved or shall in any other manner fail to comply with any condition of this code or any approval granted pursuant to it, a development concept plan which has been approved, or approved with modifications which have been accepted by the applicant, shall not be modified, revoked or otherwise impaired by any action of the Town without the consent of the applicant, except as noted in this section.

(i) Notwithstanding any other provision of this code, the planned development may be approved for construction in stages, and said approvals for later stages shall not expire for failure to commence construction within a specific time frame, unless the approved schedules are not met, and except as noted in this article.

(j) In those instances where the planned development is mapped as an overlay district rather than as a replacement for the underlying zoning district rules, any planned development stage not commenced at the time of changing the Zoning Map designation of the subject property, or the allowable uses and required yard, area, and height requirements, they shall be considered a legal nonconforming use for a period of five years after the effective date of the zoning amendment, during which time the regulations prior to the amendment shall apply. If construction has not started by that five-year anniversary date, such nonconforming use shall expire on that five-year anniversary date, and any construction thereafter must comply with the new regulations of the underlying district.

(k) In those instances where the planned development is created and mapped independently of the underlying zoning district rules, any planned development stage where construction has not started within two years from the date of approval or has started but the schedule of improvements has not been substantially adhered to, the Town Board's approval or acceptance of the development plan may, after a public hearing, and notice of the hearing to the original applicant at its last known address by certified mail, be terminated. Said termination or expiration of the development plan approval shall be by local law restoring the Zoning Map to its previous designation, or such other designation deemed appropriate by the Town Board.

(3) Detailed plan:

(a) Purpose. The detailed plan is intended to particularize, refine and implement the development concept plan and to serve as a working document for any development of any portion of the property. The detailed plan may be submitted for the entire planned development or portions thereof.

(b) Application. Subsequent to approval of the development concept plan, at any time the applicant proposes development and construction of any portion of the property, the applicant shall submit an application for detailed plan approval to a Code Enforcement Officer in 10 duplicate copies. The application may include the entire area included in the approved development concept plan or one or more stages or portions thereof. The application shall refine and implement the approved development concept plan. The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by a Code Enforcement Officer, but shall in all instances, unless expressly excused or modified in writing by a Code Enforcement Officer, contain at least the following information and documentation, which information and documentation, taken together, shall constitute a detailed plan:

[1] The applicant's name and address and his interest in the subject property.

[2] The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.

[3] A legal description of the property for which detailed plan approval is sought.

[4] The date on which development concept plan approval was granted.

[5] An application for site plan approval as required by this code, which plan shall bear the seal of a registered architect or licensed professional engineer.

[6] A preliminary plat of the subdivision as may be required by Chapter 327 of the Town Code.

[7] A tabulation of the following information with respect to the area included in the detailed plan:

[a] The total number of dwelling units proposed, by type of structure and number of bedrooms.

[b] The total square feet of building floor area proposed for commercial uses and for industrial uses, by general type of use.

[c] The total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to residential uses, by type of structure; commercial uses; industrial uses; public and private open space; streets; and off-street parking and loading areas.

[d] The proposed number of off-street parking and loading spaces for each proposed type of land use.

[8] When the proposed planned development, or stage or portion thereof, includes provisions for public or private open space or service facilities, a statement describing the provision that is to be made for the dedication or care and maintenance of such open space or service facilities. If it is proposed that such open space be owned or maintained by any entity other than a governmental authority, copies of the proposed Articles of Incorporation and bylaws of such entity shall be submitted.

[9] Utility plans, indicating placement of water mains, sanitary and storm sewerage, gas, electric and telephone lines, and related facilities.

[10] A statement and plan of the proposed treatment of the perimeter of the proposed planned development, including materials and techniques to be used.

[11] A traffic- and transit-impact analysis indicating the relationship of the site plan to traffic, road and transit use and plans in the immediate area.

[12] A soil erosion control plan for the period during which construction will be taking place.

[13] A statement summarizing all changes which have been made in any document, plan, data or information previously submitted, together with revised copies of any such document, plan or data.

[14] Such other and further information as the Town Board or Planning Board shall find necessary for a full consideration of the entire proposed planned development or any stage or unit thereof.

[15] A SWPPP, if required for the proposed land development activity pursuant to Article XXXV of this chapter, together with the recommendation of the SMO to approve, approve with modifications, or disapprove the SWPPP pursuant to § 407-197B of this chapter. If a SWPPP is submitted with the application for detailed plan pursuant to this section, such SWPPP and detailed plan shall comply with the requirements of Article XXXV of this chapter.

[Added 12-17-2007 by L.L. No. 5-2007]

(c) Action by Planning Board:

[1] Within 31 days following the submission of the detailed plan, or such longer period as may be agreed to by the applicant, or which may be extended by the Planning Board if more information is required by the Planning Board, the Planning Board shall, with such aid and advice of the various departments and bureaus of the Town as may be appropriate, review the plan with respect to its conformity to the approved development concept plan and with respect to compliance of the detailed plan with any conditions imposed by approval of the development concept plan and with the provisions of this code and all other applicable federal, state and Town codes, ordinances and regulations.

[2] If the Planning Board shall find substantial conformity between such plans and shall further find the detailed plan to be in all other respects complete and in compliance with any conditions imposed by approval of the development concept plan and with the provisions of this code and all other applicable federal, state and Town codes, ordinances and regulations, the Planning Board shall recommend approving the detailed plan.

[a] For the purposes of this Subsection A, a detailed plan shall be deemed not to be in substantial conformity with an approved concept plan if it:

[i] Exceeds by more than 5% the maximum parking, height, lot coverage and yard requirements approved for the planned development;

[ii] Decreases by more than 5% the area approved for public and private open space or significantly changes the general location of such areas;

[iii] Substantially relocates approved public circulation elements to any extent that would significantly decrease their functionability; adversely affect their relation to surrounding lands and circulation elements; or significantly reduce their effectiveness as buffers or amenities;

[iv] Significantly alters the arrangement of land uses within the planned development;

[v] Provides for uses not included in the approved development concept plan; or

[vi] Exceeds the maximum density for residential uses and the maximum floor area ratio for nonresidential uses.

[b] If the Planning Board shall find that the detailed plan lacks substantial conformity to the development concept plan, it shall recommend disapproval of the application with written findings setting forth the elements which lack substantial conformity. If a plan is recommended for disapproval, the applicant may submit, at its option, an amended plan prior to reference to the Town Board.

[c] The failure of the Planning Board to act within the aforesaid time period shall be deemed a recommendation for approval of the detailed plan.

(d) Action by Town Board:

[1] Town Board action upon the detailed plan shall be considered the Town Board's action on the application for site plan approval as required by this code.

[2] Within 31 days following the receipt by the Town Board of the report of the Planning Board, or its failure to act as above provided, the Town Board shall conduct a public hearing. Within 62 days thereafter the Town Board shall by resolution refuse to approve the detail plan or shall refer it back to the Planning Board for further consideration of specified matters or shall approve the detail plan, with or without modifications to be accepted by the applicants as a condition of such approval, if the Town Board shall find substantial conformity, as defined in Subsection A(3)(c), between the detail and development concept plans and shall further find the detailed plan to be in all other respects complete and in compliance with any conditions imposed by approval of the development concept plan and with the provisions of this code and all other applicable federal, state and Town codes, ordinances and regulations.

[3] The Town Board may approve modifications to the maximum parking, height, lot coverage and yard requirements set forth in the detailed plan which do not exceed by more than 5% those requirements set forth in the approved development concept plan if evidence is present which establishes:

[a] That the proposed development will be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan and this code.

[b] That the proposed development complies with all applicable regulations of this code except as modified pursuant to the authority of this article.

[c] That the proposed development will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking utility facilities and other matters affecting the public health, safety and general welfare.

[d] That the proposed development will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations.

[e] That the proposed development will be served adequately by essential public facilities and services, such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers and schools; and that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services.

[4] If the Town Board shall find there is not substantial conformity, as defined in Subsection A(3)(c), between such plan, or that the proposed modifications to the maximum parking, height, lot coverage and yard requirements do not meet the standards of this subsection, or that the detailed plan does not comply with the provisions of this code and all other applicable federal, state and Town codes, ordinances and regulations, the Town Board shall disapprove the detailed plan.

[5] Within 62 days following the conclusion of the public hearings the Town Board shall approve, approve with modification or disapprove the detailed plan. The failure of the Town Board to act within 62 days, or such longer period as may be agreed to by the applicant, shall be deemed a denial of the application.

(e) Notice of action. Within 10 days following the final disposition of an application for detailed plan approval, a Code Enforcement Officer shall mail notice thereof to the applicant.

(f) Limitation on detailed plan approval. Subject to an extension by the Town Board, unless a grading or building permit covering at least the area designed in the detailed plan as the first stage or unit of the planned development has been filed within six months from the date the detailed plan is approved, the approval of the detailed plan shall expire.

(g) Site improvements. At any time following the approval of a detailed plan, the applicant may, pursuant to and subject to the limitations of the applicable codes and ordinances of the Town, apply for and receive grading, building permits and approvals necessary for the installation of utilities and streets, and for development, construction and other work within the area of the planned development for which detailed plan approval has been given.

(h) Limitation of detailed plan approval. Within one year after the approval of a final plan, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension shall have been granted by the Town Board, automatically render void the detailed plan approval and all permits based on such approvals.

(i) Inspections. Following detail plan approval of a planned development, or a stage thereof, a Code Enforcement Officer shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule.

[1] Action by Town. If a Code Enforcement Officer finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the planned development plans as finally approved, he shall immediately notify the Town Board of such fact and may issue an order stopping any or all work on the planned development until such time as any noncompliance is cured.

[2] Action by Town Board. Within 31 days of such notice, the Town Board shall after a public hearing, either revoke the detailed plan approval and direct a Code Enforcement Officer to initiate appropriate amendment procedures to return the affected area of the planned development to an appropriate zoning classification; or shall take such steps as it shall deem necessary to compel compliance with the detail plan as approved; or shall require the owner or applicant to seek an amendment of the detail plan.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Regulation during and following completion of development. Following detail plan approval, the detail plan, rather than any other provision of this code, shall, in the manner and to the extent provided in the approving local law, constitute the zoning regulations applicable to the portion of the subject property proposed for development.

C. Adjustments to plan during development.

(1) During the development of a planned development, the Town Board may authorize minor adjustments to the final plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following:

(a) Altering the location of any one structure or group of structures by not more than 10 feet or 0.1 of the distance shown on the final plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the planned development, whichever is less.

(b) Altering the location of any circulation element by not more than 10 feet or 1/10 of the distance shown on the final plan between such circulation element or any structure, whichever is less.

(c) Altering the boundary of any open space by not more than 50 feet, provided that the total amount of open space is not reduced by more than 5%.

(d) Reducing the yard area or open space associated with any single structure by not more than 5%.

(e) Altering any final grade by not more than 10% of the originally planned grade.

(f) Extending the schedule for development.

§ 407-122 Standards for review.

The Town Board may approve a planned development (creating a PDD District) upon a finding that the PDD meets the following standards:

A. General standards:

(1) The PDD is consistent with the Town of Grand Island Comprehensive Plan.

(2) The PDD provides for the preservation of scenic features and natural features such as streams and shorelines, ponds, lakes, trees, grasses, wooded cover and rough terrain.

(3) The PDD is compatible with existing development in the surrounding area and does not unduly burden existing Town infrastructure or services.

(4) The developer has sufficient financing and capabilities to complete the project as presented.

(5) The PDD provides all necessary water, sewer, and stormwater management facilities, storm drainage, highway access, paved surface streets, parking and loading facilities, and off-street lighting, and the developer has made reasonable provisions for utility service connections with adjoining properties and other ownerships.

[Amended 12-17-2007 by L.L. No. 5-2007]

(6) The developer will provide all necessary water and sewer facilities, storm drainage, highway access, paved service streets, parking and loading facilities, off-street lighting and make reasonable provisions for utility service connections with adjoining properties and other ownerships.

(7) All electric, telephone, cable television and similar equipment will be installed underground in accordance with the New York State Public Service Commission standards.

(8) The right-of-way and pavement width for internal roads serving all development are adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs of the development; the pavement meets all applicable Town standards.

(9) There is adequate access for fire-fighting equipment, police and other emergency vehicles.

(10) The gross residential density, measured over the entire tract, but exclusive of any land to be occupied by nonresidential uses or public or quasi-public institutional or recreational facilities open to the general public, does not exceed the density set forth in the underlying district and is consistent with the Comprehensive Plan. Bonus density may be considered for outstanding development as deemed appropriate by the Town Board.

B. Design standards:

(1) All buildings in the layout and design are an integral part of the development and have convenient access to and from adjacent uses and blocks.

(2) Individual buildings relate to each other in design, masses, materials, placement, and connections to provide a visually and physically integrated development.

(3) The sides and rear of all buildings within the planned development group receive comparable treatment to the treatment given to street frontage of these same buildings.

(4) The design of buildings and the parking facilities take advantage of the topography of the project site, where appropriate, to provide separate levels of access.

(5) All building walls are oriented as to ensure adequate light and air exposure to the rooms within.

(6) All buildings are arranged to avoid undue exposure to concentrated loading or parking facilities wherever possible and are oriented to preserve visual and audible privacy between adjacent buildings.

C. Landscaping design standards:

(1) Landscape treatment for plazas, roads, paths, service and parking areas is an integral part of a coordinated landscape design for the entire project area.

(2) Primary landscape treatment consists of shrubs, ground cover and street trees, and shall combine with appropriate walkways and paving surfaces to provide an attractive development pattern. Landscape materials are appropriate to the growing conditions in the Town.

(3) Whenever appropriate, existing trees are conserved and integrated into the landscape design plan.

(4) All streets bordering the project area are planted at appropriate intervals with street trees.

(5) Landscape treatment shall comply with any SWPPP submitted in accordance with § 407-121 of this chapter.

[Added 12-17-2007 by L.L. No. 5-2007]

D. Circulation system design standards:

(1) There is adequate, safe, and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.

(2) Roads, pedestrian walks and open space are appropriately landscaped and relate to existing and proposed buildings.

(3) Buildings and vehicular circulation open spaces are arranged to prevent unnecessarily pedestrian exposure to vehicular traffic.

(4) Landscaped, paved and appropriately graded pedestrian walks are provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.

E. Parking and loading design standards:

(1) Parking facilities shall be landscaped and screened from public view.

(2) Pedestrian walkways are provided between parking areas and buildings.

(3) Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, ease of access, and stormwater pollution prevention, and shall be developed as an integral part of an overall site design.

[Amended 12-17-2007 by L.L. No. 5-2007]

(4) Any above-grade loading facilities shall be screened from public view to the extent necessary to eliminate unsightliness.