In order to carry out the intent of this chapter, all approved
PDDs shall:
A. Produce a development pattern in harmony with the land use intensity,
transportation facilities, and community facilities objectives of
the Comprehensive Plan.
B. Preserve significant natural topography, geological features, scenic
vistas, and ecosystems.
C. Prevent the disruption of natural drainage patterns, soil erosion,
and uncontrolled surface water drainage.
D. Preserve and integrate historically significant structures and sites
with viable adaptive uses.
E. Use land efficiently, resulting in smaller networks of streets and
utilities and thereby lower development and maintenance costs.
F. If residential in land use, provide a maximum choice in occupancy
tenure (e.g., individual ownership, leaseholds, and condominiums),
type of housing (e.g., detached houses, townhouses, garden apartments),
lot size, and community facilities.
G. Provide an adequate and integrated system of open space and recreation
areas designed to tie the PDD together internally and link it to the
larger community.
H. Use creative design on the site which allows an orderly transition
of land uses from open space to rural to urban character.
I. Adhere to any applicable economic conditions, post-development agreements,
or environmental mitigation which may be required.
The following general standards shall apply to all PDDs except the Natural Resource Extraction PDD. The standards for the Natural Resource Extraction PDD are provided in §
250-99 of this article.
A. In accordance with the criteria set forth below, the existing use,
dimensional, sign and parking regulations may be altered in order
to establish a planned development district; provided, however, that
the standards are met.
B. 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 jointly by the owners of all property included in the project.
In cases of ownership by multiple parties, the approved plan and its
amendments shall be binding on all owners or their successors in title
and interest.
C. Location requirements. Planned development districts may be created
in any zoning district of the Town.
(1) Where a PDD will be located so as to have access to a lake, said
PDD shall not compromise water quality or public or private enjoyment
of a lake.
D. Minimum area requirements. The minimum area required to establish
a PDD shall be as follows:
(1) In the HMU and HC Zones, the minimum area shall be one acre.
(2) In the AR, R and RR Zones, the minimum area shall be 10 acres.
E. Permitted land uses. Any uses permitted in a PDD as provided in the
Use Table of this chapter may be considered for a Planned Development.
F. Maximum residential density. The overall residential density of an
approved PDD may exceed the maximum conventional development potential
of the underlying district by no more than 20% as measured in dwelling
units per acre.
G. Minimum setbacks.
(1) Unless otherwise approved as part of this PDD, the underlying minimum
setbacks required for the underlying zoning district prior to the
creation of the proposed PDD shall apply.
(2) The minimum setbacks required for the underlying zoning district(s)
shall be met at the periphery of the PDD.
H. Water supply and sewage disposal. PDDs which include a significant
number of residential units should be served by a community water
system and be provided with sewage disposal facilities, if appropriate,
in accordance with the requirements of the Town, the county and the
New York State Departments of Health and Environmental Conservation.
I. Open space requirements. Common open space totaling not less than
35% of the total planned development district shall be provided in
perpetuity. This land shall be exclusive of any land area used primarily
for vehicular modes of transportation, including parking areas, garages,
carports and other features. A homeowners' association or similar
mechanism for the long-term ownership and maintenance of this common
open space shall be provided, subject to the approval of the Town
Board, and a conservation easement to further ensure the protection
of this open space may be required.
The Planning Board shall develop written findings that document
the facts and information relied upon to reach its conclusions in
rendering a decision on a PDD. The following mandatory findings must
be addressed:
A. That the PDD is consistent with the objectives and standards of this
chapter.
B. That adequate community facilities and services exist and/or are
to be accommodated as part of this planned development.
C. That the PDD establishes a mix of uses and a physical development pattern which would not be attainable through a traditional zoning amendment, as described in Article
XVI of this chapter, or a variance, as described in Article
XIV of this chapter.
D. That the PDD is compatible with the surrounding neighborhood context
and character and is in conformance with the policies in the Comprehensive
Plan.
E. That the PDD has mitigated potential undue adverse environmental
impact as set forth during SEQRA review to the maximum extent practicable.
F. That the PDD will add to the long-term assets of the community and
it will not erode the livability or economic viability of existing
and neighboring areas.
G. That the open space and recreation areas and facilities provided
are commensurate with the level of development proposed and the predevelopment
open space resources potentially available for protection.
H. That the provisions to protect open space resources are sufficiently
secured by dedication where appropriate and desirable or legal instruments
and/or monitoring programs and/or establishment or use of an existing
trust to ensure their continued long-term protection.
Applications for subdivision in a planned development district shall be made to the Planning Board in accordance with Chapter
225, Subdivision of Land, of the Code of the Town of Sand Lake. In the event of a conflict between such subdivision regulations and this chapter or any requirement imposed hereunder, the provisions of this chapter of such requirements shall apply.
The Planning Board may require an applicant for any review,
permit or approval to deposit in escrow a reasonable amount established
by the Planning Board to pay for the fees and/or costs of any engineer,
consultant or attorney designated by the Planning Board to review
such application. The fees and/or costs charged by such engineer,
consultant or attorney in connection with such review will be charged
against the sum deposited in escrow. Any amount remaining shall be
returned to the applicant within 45 days of final action on the application.
All conditions imposed by the Town Board, including those the
performance of which are conditions precedent to the issuance of any
permit necessary for the development of all or any part of the entire
site, shall run with the land and shall neither lapse nor be waived
as a result of any subsequent change in the tenancy or ownership of
any or all of said area. Such conditions shall further be a part of
any certificate of occupancy issued for any use or structure in such
development.
Any use lawfully occurring in any planned development district
in existence on the effective date of this chapter shall be permitted
to continue, and any buildings, appurtenant structures or facilities
accommodating such uses may be renovated, repaired and maintained
without being subject to the provisions of this chapter, provided
that any change in use or new or additional building projects shall
be so subject. Applications pending on the effective date hereto for
a building project in an existing or proposed planned development
district shall continue to be reviewed and acted upon by the administrative
board conducting such review, and final action of such board shall
be deemed to be a recommendation to the Town Board hereunder.