There is herewith established a use district to be known as
the "Planned Development District."
This article shall operate as a conditional use and as an alternative
to the permitted uses and regulations applicable to existing districts,
and shall be applicable only to those lands which may be hereafter
zoned "Planned Development" by the Town Board. Basic underlying zoning
requirements for lands over-zoned as a Planned Development District
shall continue in full force and effect and shall be solely applicable
until such time as the Town Board grants final approval as hereinafter
provided.
The purpose of the Planned Development District and the regulations
applicable to the same is to encourage and provide means for effecting
desirable and quality development by permitting greater flexibility
and design freedom than that permitted under the basic district regulations,
and to accomplish a well-balanced, aesthetically satisfying Town and
economically desirable development of building sites within a Planned
Development District. These regulations are established to permit
latitude in the development of the building site, if such development
is found to be in accordance with the purpose, spirit, and intent
of this chapter and is found not to be hazardous, harmful, offensive
or otherwise adverse to the environment, property values or the character
of the neighborhood or the health, safety and welfare of the community.
It is intended to permit and encourage diversification, variation
and imagination in the relationship of uses, structure, open spaces
and heights of structures for developments conceived and implemented
as comprehensive and cohesive unified projects. It is further intended
to encourage and facilitate preservation of open lands.
As used in this article, the following terms shall have the
meaning indicated:
BASIC ZONING REGULATIONS
Such zoning regulations as are applicable to the use district
other than the regulations set forth in this article.
BUILDING SITES
A tract of land not divided by public streets or into lots,
excepting for single-family dwelling purposes, and which will not
be so subdivided, or where the tract of land, if so divided, is in
single ownership or is owned by a condominium group. The site must
be located on a public street or highway, or have direct access over
a private right-of-way having the minimum width of 90 feet.
As a basis for determining the acceptability of a planned development
proposal, the following criteria shall apply to the development plan,
with specific consideration as to whether or not it is consistent
with the spirit and intent of this chapter, has been prepared with
competent professional advice and guidance, and produces significant
benefits in terms of environmental design.
A. Character and intensity of land use. The uses proposed and their
intensity and arrangement on the site shall be of such a visual, aesthetic
and operational character that they:
(1) Are compatible with the physical nature of the site, with particular
concern for preservation of natural features, tree growth and open
space.
(2) Would produce an attractive environment of sustained aesthetic and
ecologic desirability, economic stability and functional practicality
compatible with the general development plans for the area as established
by the community.
(3) Would not adversely affect the anticipated provision for school,
sewer, water, snow removal, garbage pickup, fire protection, or other
municipal services.
(4) Would not create a traffic or parking demand incompatible with the
existing or proposed facilities to serve it.
B. Economic feasibility and impact. There should be provided satisfactory
evidence that it is economically feasible, has available adequate
financing, and will not adversely affect the economic prosperity of
the Town or the values of surrounding properties.
C. Engineering design standard. The width of rights-of-way and location
of street or other paving, requirements for outdoor lighting, location
of sanitary and storm sewer and water lines, and provision for drainage
and other similar environmental engineering considerations shall be
based upon a determination as to the appropriate standards necessary
to implement the specific function in the specific situation; provided,
however, that in no case shall construction standards be less than
those necessary to ensure the public safety and welfare.
D. Preservation and maintenance of open space. Adequate provision shall
be made for open space for the permanent preservation and maintenance
of common open space and rights-of-way, either by private reservation
or dedication to the public. In the case of private reservation, the
open area to be reserved shall be protected against building development
by conveying to the Town, as part of conditions for project approval,
an open space easement over such open areas restricting the area against
any future building or use, except as is consistent with that of providing
landscaped open space for the aesthetic and recreational satisfaction
of the surrounding residences. Buildings or uses for noncommercial
recreational or cultural purposes compatible with the open space objective
may be permitted only where specifically authorized as part of the
development plan or, subsequently, with the express approval of the
Town Board following the recommendation of building site and operational
plans by the Planning Commission.
(1) In the case of roadways and other rights-of-way which are not dedicated
to the public as part of the conditions for project approval, there
shall be granted to the Town such easements over the same as may be
necessary to enable the Town to provide suitable and adequate fire
protection, sanitary and storm sewer, water, and other required municipal
services to the project area.
(2) The care and maintenance of such open space reservations and rights-of-way
shall be assured, either by establishment of appropriate management
organization for the project or by agreement with the Town for establishment
of a special service district for the project area on the basis of
which the Town shall provide the necessary maintenance service and
levy the cost thereof as a special assessment on the tax bills of
properties within the project area. In any case, the Town shall have
the right to carry out and levy an assessment for the cost of any
maintenance which it feels necessary if it is not otherwise taken
care of to the satisfaction of the Town. The manner of assuring maintenance
and assessing such cost to individual properties shall be determined
prior to the approval of the final project plans and shall be included
in the title to each property.
E. Factors and requirements to be considered by the Planning Commission
and Town Board.
(7) The site itself, as it relates to neighborhood environment, compatibility
to existing neighborhoods characteristics.
(8) Nature and use of the proposed structures, and design, architecture,
and materials to be used.
(9) Adequacy of traffic pattern and appearance of proposed parking areas.
(10)
Proposed roadway, driveway and walk locations.
(11)
Highway access to the site, number of openings and location
of same.
(12)
Traffic generation, number of vehicles parked and rate of turnover
per hour.
(14)
Capacities required for sewer, water, and other necessary utilities.
(15)
Proposed methods and hours of operation.
(16)
Educational capacity capabilities (number of families and school
load).
(17)
Economic impact on the Town, its inducements, attractions, and
detractions.
(19)
Comparison of open space as required by the underlying basic
zones with that of the proposed project.
(21)
Commencement and completion dates.
(23)
Deed restrictions and sureties deemed necessary to protect the
health, safety and welfare of the community.
(24)
Such other limitations, conditions or special requirements,
characteristic to the use as may be deemed necessary to protect the
health, safety, or welfare of the Town.
The proponents of a planned development shall submit a reasonable
schedule for the implementation of the development to the satisfaction
of the Planning Commission and the Town Board, including suitable
provisions (and the Town may require the furnishing of a suitable
and sufficient performance bond) for assurance that each phase could
and shall be brought to completion in a manner which shall not result
in adverse effect upon the community as a result of termination at
the end of the phase. The procedure for approval of a planned development
project shall consist of two phases:
A. Preliminary approval, consisting of approval of the proposed project
in principle only; and
B. Final approval, consisting of approval of the proposed project in
all its terms and details.
After the Town Board has issued its preliminary approval of
the proposed plan, the developer may file with the Town Clerk a petition
executed by the owner of the property to be developed or his agent
for the final approval, stating that he seeks to develop such property
under the provisions of this article. Such petition shall include
(unless previously submitted):
A. The names, mailing addresses and telephone numbers of any additional
owners and developers of the development site, and the names of owners
and developers listed on the application who no longer have an interest
in the project in the event there has been a change in owners or developers
since the date of the application.
B. An accurate topographical map showing topographical data at two-foot
intervals and extending 100 feet beyond the exterior boundaries of
the site, showing all public rights-of-way and all buildings accurately
located within 100 feet of the exterior boundaries of such site. Such
map shall contain all available utilities, including drainage and
the capacities thereof and high-water elevations along rivers.
C. A scale plot plan showing the location, type and size of every proposed
structure and its proposed use, also driveways, driveway access roads,
parking facilities, lighting appliances, recreation areas, loading
docks, open spaces, screening, fencing, and landscaped areas, and
utility easements.
D. A statistical table showing the size in square feet, the acreage
(exclusive of public streets), proposed population densities and open
areas (both in square feet and as a percentage of the project area).
E. Architectural drawings of all buildings and structures and sketches
showing the design characteristics and treatment of exterior elevations
and typical floor plans of proposed structures.
F. A table showing the approximate costs of structures.
G. A statement showing the starting and completion dates of the project.
H. Any other pertinent data, statements, drawings or plans which may
be required by the Planning Commission or the Town Board.
I. The following additional information for commercial and industrial
developments:
(1) Square feet of the buildings;
(2) Square feet of offices, production areas and the proposed number
of employees in each such area;
(3) Details of proposed use or uses and manner of operation; and
(4) The municipal services that may be required to serve the site.
After receipt of a petition and the filing of the required data,
the Planning Commission shall hold a public hearing, and such additional
public hearings as may be desirable upon publication of a Class 1
notice in the official newspaper of the Town. Any such hearing may
be adjourned without further publication. Following such hearing,
the Commission shall recommend to the Board that the petition be either
approved or disapproved.
Upon receipt of the recommendation of the Planning Commission,
the Town Board shall hold a public hearing on whether or not to give
final approval to the proposed project. The Town Board shall give
notice of such hearing by publication of the same as a Class 3 notice
in the official newspaper of the Town, and may adjourn such hearing
at the time thereof without further publication. Within a reasonable
time following such hearing, the Board shall either issue a final
approval or disapprove such petition.
No construction shall be commenced on the building site until
the Board has granted final approval, except such construction that
shall be in compliance with both the requirements of the underlying
zone and proposed planned development as submitted for final approval.
Neither preliminary approval nor final approval shall constitute approval
for construction of any building or structure, but approval for such
construction shall be obtained through the procedure for applying
for and obtaining a building permit as it is now and as shall be hereafter
prescribed elsewhere in the Town ordinances and pursuant to state
law.
A petition for an amendment to the final approval shall require
an additional fee as provided in the Town Fee Schedule. No subsequent change or addition to the planned development
after final approval shall be allowed or permitted until approved
by the Town Board after hearings and the recommendation of the Planning
Commission, all in accordance with the procedure and requirements
of this article.