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:
Such zoning regulations as are applicable to the use district
other than the regulations set forth in this article.
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.
A.
Basic zoning uses. The following uses are permitted in a Planned
Development District upon obtaining all necessary approvals required
under this chapter:
(1)
All uses permitted under the basic zoning regulations applicable
to the zoning district in which the particular property is located.
Where a building site is situated in more than one use district, all
uses permitted under the basic zoning regulations of one district
may be extended into the adjacent district, but only under the condition
that the maximum area of such extension shall not exceed an area computed
to be 50% of the smaller of the areas of the portion of the property
located in either district.
(2)
Such additional uses, or mixture of uses, as are recommended by the
Planning Commission and approved by the Town Board, to qualify under
this article.
B.
Building restrictions. When all necessary approvals required under
this chapter are obtained, the building height, size and floor area,
lot size, setback, side and rear yard, density and open space requirements
under the basic zoning regulation shall not be applicable, but rather
such development plan and the plan itself shall be construed to be
and shall be enforced as part of this chapter.
A.
Engineering design standards. Normal standards or operational policies regarding right-of-way widths, provisions for sidewalks, streetlighting and similar environmental design criteria shall not be mandatory in a planned development, but practice standards satisfactory to the Town, pursuant to the criteria as set forth in § 275-86 hereof, shall be made a part of the approved plan and shall be enforceable as a part of this chapter.
B.
Approvals. The developer shall develop the site in accordance with
the terms and conditions of development presented to and approved
by the Town Board. Any changes or additions to the original approved
development site structures or plans of operation shall require resubmittal
and recommendation by the Planning Commission and approval by the
Town Board.
C.
Rescinding approval. Failure to comply with the conditions, commitments,
guarantees or recommendations established in the approval of such
development project shall be cause for rescinding the approval of
the same. Upon notice given by the Zoning Administrator, the developer
shall be required to appear before the Town Board at its next public
meeting to explain any such failure to comply. The Town Board, at
such hearing, shall determine whether or not the developer shall have
failed to comply and, if there has been such a failure, may either:
(1)
Rescind its approval, whereupon such rescission and cessation of
all rights and privileges of the developer and owner, including the
right to complete construction or to construct any building or other
structure or improvement, shall become effective on the 31st day following
mailing by certified mail to the developer at his last known address
of a written notice of such rescission; or
(2)
Adjourn such hearing for the period not to exceed 65 days to enable the developer to comply, thereupon, if the developer is then in substantial compliance and has then established to the reasonable satisfaction of the Board that there will be compliance in the future, the rights and privileges of the developer and owner shall continue for such period of time that there shall be such compliance; but, if the developer is not then in substantial compliance, or does not establish to the reasonable satisfaction of the Board that there will be compliance in the future, the Board will proceed in accordance with Subsection C(1) immediately above.
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.
(1)
Height of structures.
(2)
Auto parking facilities.
(3)
Screening and fencing.
(4)
Landscaping.
(5)
Setbacks.
(6)
Open space reservations.
(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.
(13)
Drainage.
(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.
(18)
Lighting.
(19)
Comparison of open space as required by the underlying basic
zones with that of the proposed project.
(20)
Operational control.
(21)
Commencement and completion dates.
(22)
Highway dedication.
(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.
Notice and fee. A person desiring to develop a particular site as
a planned development district project shall apply to the Zoning Administrator
on such forms as shall be provided by the Town and shall pay a fee
as provided in the Town Fee Schedule,[1] which shall accompany such written application. Such application
shall contain the names, mailing addresses and telephone numbers of
the owners and developers, and a description of the development site.[2]
B.
Notice to Commission. The Zoning Administrator shall inform the Planning
Commission of such desire and shall secure date for preliminary discussion
between the developer and the Planning Commission and shall notify
such developer of such date.
C.
Commission recommendations. The Planning Commission, after such preliminary
discussions and such further discussions as may be required with the
developer, shall report, in writing, such proposed project development
to the Town Board, together with its recommendations for either approval
or disapproval of the same. Such report and recommendation of the
Commission shall be made to the Town Board no later than four months
from the date of the filing of the application with the Zoning Administrator.
D.
Administrator. A recommendation of approval by the Commission shall
in no way be binding on the Town Board. The Town Board shall either
approve or disapprove the proposed development project, without modification.
Any such approval shall be a preliminary approval only, and shall
not bind the Town Board regarding final approval.
E.
Information required. The following information shall be provided
by the applicant in adequate detail to satisfy the Planning Commission
for its recommendation regarding preliminary approval:
(1)
A statement describing the general character of the intended development.
(2)
An accurate map of the project area, showing nature, use, and character
of abutting properties, prepared by a registered surveyor.
(3)
A general development plan of the proposed project showing the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in § 275-86 of this chapter:
(a)
The pattern of public and private roads, driveways and parking
facilities.
(b)
The size and location of lots.
(c)
The type, size, and location of structures.
(d)
The location of sanitary and storm sewer lines, water mains,
and lighting.
(e)
The location of recreational and open space areas reserved or
dedicated for public uses, such as school, park, etc.
(f)
General landscape treatment.
(4)
Appropriate statistical data on the size of the development, residential density, ratio of various land uses, economic analysis of the development, and any other data pertinent to the evaluation under the criteria of § 275-86.
(5)
Architectural drawings and sketches illustrating the design and character
of proposed structures.
(6)
General outline of intended organization structure related to property
owners' association, deed restrictions and private provision of common
services, if any.
F.
Amendment of preliminary approval. The recommendation of the Planning
Commission and the preliminary approval of the Town Board shall be
based on and include as conditions thereto the building site and operational
plans for the development, as approved, as well as all other commitments
offered or required with regard to project value, character or other
factors pertinent to an assurance that the proposed development will
be carried out basically as presented in the approved plans. Detailed
construction and engineering plans need not necessarily be completed
at this time, but the approval of such preliminary plan shall be conditional
upon the subsequent submittal and approval of more specific and detailed
plans. Any subsequent change or addition to the plans or use shall
first be submitted to the Planning Commission, and if in the opinion
of the Planning Commission such change or addition constitutes a substantial
alteration of the original plan, it shall timely make an appropriate
recommendation to the Town Board relating in an amendment of the preliminary
approval.[3]
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:
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.[2] 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.
