A.
A planned development district may be established in the Village
and designated as a specific location on the Zoning Map. The purpose
for establishing such a district is to allow compatible development
of a variety of uses (e.g., residential, commercial, recreational,
historical, etc.) and to vary the strict application of the requirements
of this chapter.
B.
Planned development districts (PDD) provide for innovative development
at a larger scale than allowed by traditional zoning, without necessitating
constant exceptions to the zoning law. A PDD allows flexible land
use and design regulations through the use of performance criteria
so that small-to-large-scale neighborhoods or portions thereof may
be developed within the Village that incorporate a variety of residential
types and nonresidential uses, and contain both individual building
sites and common property which are planned and developed as a unit.
This article specifically recognizes that residential development
at all levels may be met by greater variety in type, design, and siting
of dwellings and by the conservation and more efficient use of land
in such developments. PDDs do not require a mix of residential and
nonresidential uses to be considered for review.
C.
PDDs are deemed appropriate through the rezoning of land to a planned
development district by the Village Board. The use and dimensional
specifications found elsewhere in these regulations are then replaced
by an approval process based upon the performance criteria outlined
in this article, and conditions prescribed by the Planning Board and
the Village Board.
A.
Requirements for consideration as a planned development district.
(1)
Minimum area. The district must comprise at least five acres of contiguous
land.
(2)
Ownership. The tract of land for a project may be owned, leased or
controlled either by a single person, or corporation or by a group
of individuals or corporations. An application must be filed by the
owner or the holder of a valid purchase offer or development option
of all property included in a project. In the case of multiple ownership,
the approved plan shall be binding on all owners.
(3)
Location of PDD. The PDD shall be applicable to any area of the Village
where the applicant can demonstrate that the characteristics of its
holdings will meet the objectives of this article.
(4)
Allowed uses. Following are descriptions of residential and nonresidential
uses allowed in the planned development district. These uses may be
mixed, separated or the development may accommodate only one type
of use (i.e., residential or nonresidential).
(a)
Residential uses. Residences may be of any variety of type including
single-family, two-family, multifamily, and townhouse dwellings. No
manufactured homes will be permitted.
(b)
Nonresidential uses may include small retail/service, recreational
facility, community facilities, restaurants, marinas. All such uses
shall be in keeping with the character of the proposed district and
adjacent areas.
(c)
The nonresidential uses of a commercial or business nature may
be in separate buildings or incorporated within two-family or multifamily
structures or in suitable combinations of these alternatives.
(d)
Customarily accessory uses, such as private garages and storage
spaces shall be allowed.
(5)
Common property in the PDD. Common property is not required to be
considered for PDD status. However, it is often characteristic of
such proposals. Common property within a PDD is a parcel or parcels,
with or without the improvements thereon, the use and enjoyment of
which are shared by the owners and occupants of the individual building
sites. When common property exists in private ownership, satisfactory
arrangements must be presented for the improvement, operation and
maintenance of such common property and facilities, including private
streets, service and parking areas, and recreational and open space
areas.
The following are procedural steps that shall be followed when
applying for PDD status.
A.
Application for establishment of a planned development district shall
be made to the Village Board by the owner(s), or a duly authorized
agent, of property proposed to be included in the district at a regular
or special meeting of the Village Board.
B.
Application shall be on forms provided by the Village, be accompanied
by the appropriate fee, and contain all information required for a
preliminary site plan as determined by the Planning Board. The site
plan shall show proposed setbacks and lot sizes.
C.
The Village Board shall, within seven days of receipt, refer the
submitted materials to the Planning Board for its consideration and
recommendation.
D.
The Planning Board shall submit a recommendation to the Village Board
within 62 days of the referral. In conducting its review, the Planning
Board shall consider the site plan review criteria and make the following
findings:
(1)
The uses proposed will not be detrimental to present and potential
surrounding uses.
(2)
Land surrounding the proposed development is compatible in use and
can be planned in coordination with the proposed development.
(3)
The proposed change is in conformance with the general intent of
the Comprehensive Plan for the community.
(4)
Existing and proposed roads are suitable and adequate to carry anticipated
traffic within and around the proposed development.
(5)
Existing and proposed utility services are adequate for the proposed
development.
(6)
Each phase of the proposed development, as it is proposed to be completed,
contains the required parking, landscaping, and utilities necessary
for creating and sustaining a desirable and stable environment.
(7)
The proposed PDD shall conform to the Village Comprehensive Plan.
E.
Within 62 days of the Planning Board's report, the Village Board
shall conduct a public hearing, pursuant to all the requirements of
this chapter, and other appropriate laws regarding publication, notification
and referral.
F.
The Village Board may refer the PDD to the Planning Board for additional
review if substantial changes are made in the site plan, from the
PDD recommended by the Planning Board.
G.
The Village Board shall determine what revisions constitute a substantial
change. However, they shall include such features as the following:
H.
The Village shall refer PDD proposals to the County Planning Board
for review and recommendation if it meets the criteria of General
Municipal Law § 239-m prior to final action by the Village
Board on the application.
I.
Upon approval by the Village Board, any specific requirements approved
in the formation of a planned development district shall be made part
of this chapter and recognized as a separate zoning district. The
uses, yards, setbacks, and open spaces approved as part of the PDD
will become the regulations and be referenced in the PDD section of
the chapter.
J.
The Village Board shall make a final determination on the application
within 62 days of completion of its public hearing, completion of
the required reviews under the State Environmental Review Law, and
any referral and review requirements under § 239-m of the
New York General Municipal Law.
