A.
The purpose of the Planned Development District classification
is to provide for the rezoning of land to residential, commercial
and industrial development zones either jointly or separately 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.
Unified plan of development; definitions.
(1)
Provision
is included for Planned Development Districts to permit 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 herein.
(2)
PLANNED RECREATION DISTRICT
(a)
(b)
Definitions.
As used in this chapter, the following terms shall have the meanings
indicated:
Purpose and intent. It is the purpose and intent of this Planned
Recreation District to provide for areas in the Town of Binghamton
where outdoor recreation may be undertaken in compatibility with the
surrounding land uses. In promoting the general purpose and use of
its parks, the specific intent of this section is to:
Uses permitted. Outdoor recreational uses as determined appropriate
by the Town Board by regulation and/or policy, including all Town-approved
uses customarily accessory to such permitted uses.
The procedure for obtaining a change in zone
for undertaking development within a Planned Development District
shall be as follows:
A.
The owner (or agent thereof, hereinafter referred to as "owner") of the land shall submit four copies of a preliminary development plan to the Town Planning Board, as described in § 240-15, and an application for a change of zone.
B.
The Planning Board shall discuss the application and
shall review the preliminary development plan, with the assistance
of the Town Engineer and Building Official, with the owner. The Planning
Board shall prepare recommendations with regard to the preliminary
development plan and the proposed change of zone.
[Amended 4-15-2003 by L.L. No. 1-2003]
C.
Within 45 days of receipt of the application and the
preliminary development plan, at its regular meeting, the Planning
Board shall transmit, in writing, to the Town Board its recommendation
for approval, approval with conditions or modifications, or disapproval.
The Planning Board shall include its reasons for such recommendation.
The Planning Board shall send a copy of its recommendations to the
owner. Failure of the Planning Board to act within 45 days of receipt
of the application will constitute a negative recommendation opinion
by the Planning Board and will permit the owner to submit the application
and preliminary development plan directly to the Town Board.
D.
Within 15 days of receipt of the Planning Board's
recommendation, the Town Board may refer the application and preliminary
development plan to the Broome County Planning Department for its
recommendation. The Town Board shall allow the Broome County Planning
Department at least 30 days to render its report.
E.
Within 45 days of receipt of the Planning Board's
recommendation, public notice shall be given and a public hearing
held by the Town Board on the proposed change of zone subject to the
specifications of the preliminary development plan.
F.
Within 45 days of 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 preliminary development plan proposal
in accordance with the provisions of this article.
(1)
If the change of zone and preliminary development
plan are approved by the Town Board, an appropriate notation to that
effect will be made on the face of four copies of the preliminary
development plan. One copy will be retained by the Town Clerk, one
copy will be given to the Planning Board, one copy will be given to
the Building Official and one copy will be returned to the owner.
(2)
In the event that the Town Board grants the change
of zone subject to modifications in the preliminary development plan,
the resolution granting the change of zone shall specify the required
modifications.
(3)
If the change of zone is granted, with or without
required modifications in the preliminary development plan, such change
shall be published and posted pursuant to the requirements of the
Town Law.
(4)
In the event the Town Board disapproves the application
and preliminary development plan, it shall notify the owner, in writing,
of the disapproval and of the reasons for such decision.
G.
The resolution by the Town Board amending the Zoning
Map for Planned Development District shall indicate that the appropriate
action will be taken to revert the zoning of the subject property
to its previous zoning if the development schedule is not met.
H.
Upon approval of the application on the change of zone and the preliminary development plan, with or without required modifications, the owner shall submit four copies of a development plan, as described in § 240-16, for Planning Board review. The Planning Board shall, with the assistance of the Town Engineer and Building Official, review the development plan with the owner.
[Amended 4-15-2003 by L.L. No. 1-2003]
I.
Within 45 days of receipt of the development plan,
the Planning Board shall transmit, in writing, to the Town Board its
recommendation for approval, approval with modifications or disapproval.
The Planning Board shall include its reasons for such recommendation.
The Planning Board shall send a copy of its recommendation to the
owner. Failure of the Planning Board to act within 45 days of receipt
of the development plan will constitute a negative recommendation
opinion by the Planning Board and will permit the owner to submit
the development plan directly to the Town Board.
J.
Within 45 days of receipt of the Planning Board's
recommendation, the Town Board shall decide to approve, approve with
modifications or conditions, or disapprove the development plan.
(1)
If the Town Board approves the development plan as
submitted, an appropriate notation to that effect will be made on
the face of four copies of the development plan. One copy will be
retained by the Town Clerk, one copy will be given to the Planning
Board, one copy will be given to the Building Official and one copy
will be returned to the owner.
[Amended 4-15-2003 by L.L. No. 1-2003]
(2)
In the event the Town Board approves the development
plan subject to conditions or modifications, the resolution granting
such conditional approval shall indicate the specific conditions or
modifications which final approval is subject to and the time period
in which such modifications or conditions must be satisfied for final
approval to be granted. In such case, the Town Board shall notify
the owner, in writing, of the reasons for its decision. In the event
the Town Board disapproves the development plan, the resolution denying
such approval shall indicate the reasons for such decision. In such
case, the Town Board shall notify the owner, in writing, of the reasons
for its decision.
K.
Prior to the issuance of a building permit, the Town
Board shall approve, as to form and sufficiency, any performance bond
obtained by the owner and, as to the acceptability, any offers of
cession, deeds or restrictive covenants.
L.
Where the Planned Development District classification
exists on the Zoning Map, neither application for change of zone to
undertake the planned development need be submitted, nor must the
recommendation of the Broome County Planning Department be solicited.
The procedure for review and approval of the preliminary development
plan and development plan shall, under such circumstances, otherwise
occur in the same manner as described in this section.
The owner shall submit an application for a
change of zone with a preliminary development plan which shall include
the following:
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.
B.
Proposed site plan, showing building locations, occupancy
and land use areas, including any subdivision intended within the
district.
C.
Proposed traffic circulation, parking areas, pedestrian
walks and landscaping.
D.
Proposed construction sequence for buildings, parking
spaces and landscaped areas.
E.
Proposed public utilities plan, including water supply,
sewage and stormwater drainage, with certificate of approval from
Broome County Health Department.
A.
The owner shall submit a development plan for review
by the Planning Board and approval by the Town Board, prior to the
issuance of a building permit. Plans and specifications shall bear
the signature of the person responsible for the design and drawings
and, where required by § 7307, as amended, of Article 147
of the Education Law of the State of New York, the seal of a licensed
architect or licensed professional engineer.
[Amended 4-15-2003 by L.L. No. 1-2003]
(1)
Site plan showing proposed building locations and
land use areas.
(2)
Traffic circulation, required parking and loading
areas and pedestrian walks.
(3)
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 elevations and
sections.
(5)
Final engineering plans, including street improvements, drainage system and public utility extension. All improvements shall comply where applicable with construction standards outlined in Chapter 195, Subdivision of Land, of the Code of the Town of Binghamton.
(6)
Letters in appropriate cases directed in the Chairman
of the Planning Board, signed by a responsible official of the agency,
utility company, government authority or special district having jurisdiction
in the area of public sewer, public water, telephone, electric or
gas improvements; letters from responsible and qualified officials
of the Fire Department and School Board transmitting their findings
in such proposed installation.
(7)
Engineering feasibility studies for the solution of
any anticipated problems which might arise due to the proposed development,
as required by the Planning Board.
(9)
Offers of cession and proposed restrictive covenants.
(10)
Construction sequence and time schedule for
completion of each phase for buildings, parking spaces and landscaped
areas, as applicable.
(11)
Complete documentation of means for the continual
maintenance of common open space and buildings.
(12)
Sworn statement by the applicant that the performance
standards of this chapter will not be violated.
B.
This development plan shall be in general conformance with the approved preliminary development plan. Such approval shall be secured by the owner for each phase of the development. Such approval for each phase shall be valid for two years, at which time, unless the proposed development has been completed, the development plan approval shall terminate and no additional building permits shall be issued. If five or more lots, with separate deeds, are provided on the Planned Development District, the development plans shall be in such form as to be acceptable according to Chapter 195, Subdivision of Land, of the Code of the Town of Binghamton, as a final subdivision plat and may be approved in accordance with the procedures and requirements of Chapter 195, Subdivision of Land, of the Code of the Town of Binghamton.
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 preliminary development plan to the Town Board.
The Planning Board shall enter its reasons for such action in its
records and transmit its findings by resolution to the Town Board.
The Planning Board may recommend the establishment of a Planned Development
District, provided that it finds the facts submitted with the preliminary
development plan establish that:
A.
The uses proposed will not be detrimental to the natural
characteristics of the site or 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.
Land uses surrounding the proposed development will
be adequately buffered from the proposed use, where necessary, by
appropriate screening devices, such as a wall, fence or hedge. Where
existing features of the property can serve this function, the design
of the proposed development shall be such that these features are
preserved for such purpose.
D.
The proposed change to a Planned Development District
is in conformance with the general intent of the Comprehensive Plan
of the Town.
E.
Existing and proposed streets are suitable and adequate
to carry anticipated traffic within the proposed district and in the
vicinity of the proposed district.
F.
Existing and proposed utility services are adequate
for the proposed development.
G.
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.
A.
The standards for Planned Development Districts are
to provide the Planning Board with a means to evaluate applications
for these districts consistent with the provisions and general intent
of this chapter and the Comprehensive Plan of the Town.
B.
Where development standards may be in conflict or
unnecessary due to the integrated nature of the plan, the Town Board
may approve a PDD that does not meet all required standards, provided
that a written justification of each modification is provided as a
part of the application.
