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 apply in writing and shall submit four copies of a preliminary development plan to the Town Board as described in §
165-55 and one copy to the Planning Department. The Town Board may refer the application to the Town Planning Board within 60 days of receipt of a completed application. The Town Board shall refer any application for a planned development district that is not denied by action of the Town Board within 60 days of receipt of a completed application.
[Amended 7-16-2014 by L.L. No. 3-2014]
B. The Planning Board shall discuss the proposed application
and shall review the preliminary development plan with the owner.
The Planning Board shall prepare recommendations with regard to the
preliminary development plan and, if applicable, the proposed change
of zone.
C. The Planning Board shall send a copy of its recommendations
to the owner indicating its approval in principle or its disapproval.
If the preliminary development plan is approved in principle, the
Planning Board shall state any specific changes it may require.
D. The owner shall submit four copies of an application for change of zone and four copies of a revised preliminary development plan to the Planning Board as described in §
165-55 below.
E. The Planning Board shall discuss the preliminary development plan with the owner. The Planning Board will submit its findings to the Town Board as required in §
165-57 within 62 days of receipt of a complete application. A complete application shall mean the completion of all necessary SEQRA documentation to file a negative declaration or statement of findings application. Failure to act within 62 days of receipt of the application will constitute a "no recommendation" opinion by the Planning Board.
F. After receipt of the Planning Board's recommendations,
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.
G. After the public hearing and determination by the
Town Board, if the Board approves the application 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 and this chapter.
If the zone change and preliminary development plan is 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 returned to the owner, and one
copy will be given to the Enforcement Officer. In the event that the
Town Board requires modifications in the preliminary development plan,
the resolution granting the change of zone shall indicate such modification.
In the event the Town Board denies the application, the Clerk shall
forward said reasons for denial to the applicant.
H. Prior to the issuance of a building permit for any phase of the preliminary development plan, approval shall be obtained as described in §
165-56 and Subsection
I below. The Planning Board shall note approval on four copies of the development plan and distribute them in the manner described in Subsection
G above.
I. In accordance with § 277 of the Town Law,
the developer shall post a performance bond or other guarantee of
financial capability which is acceptable to the Town Board, in the
amount of an engineer's estimate for items in numbers B, C and E of
the development plan, by phase, including all utility installations and infrastructure
improvements both on and off site as approved by the Town Engineer.
J. The resolution by the Town Board amending the Zoning
Map for the planned development district shall specify the time period
for commencement and/or completion of the development and shall indicate
that the appropriate action will be taken to revert the zoning of
the subject property to its previous zoning if the conditions are
not met.
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 the Zoning Ordinance and the Comprehensive Plan of the Town.
[Amended 7-16-2014 by L.L. No. 3-2014; 11-16-2022 by L.L. No. 8-2022]
A. Planned development - residential, the following uses may be permitted:
(1) One-family dwelling; two-family dwelling.
(2) Multiple-family dwelling.
(3) Professional office-residence.
(8) Public outdoor recreation.
(9) Nursing or convalescent home.
B. Area, yard, coverage and supplementary regulations.
(1) District area minimum: 10 acres.
(2) Densities.
(a)
One-family dwellings: three dwelling units per buildable acre.
(b)
Two-family dwellings: four dwelling units per buildable acre.
(c)
Townhouse/multiple-family dwellings: 10 dwelling units per buildable
acre.
(3) Minimum yards required:
(a)
Permitted residential uses: Front yards, rear yards and side
yards for residential uses shall be designed so that no building is
closer than 20 feet to any other building, and no building is closer
than 35 feet to the boundary line of any public street.
(b)
Other permitted uses: front, side, rear yards to be at least
20 feet.
(4) Maximum building coverage (of any single lot, or the district as
a whole): 30%.
(5) Maximum height of structures: to be submitted to the Planning Board
and approved by the Town Board as a part of the development plan,
after review of plans and recommendations in writing are received
from the Building, Planning, and Development Coordinator and local
Fire Chief.
(7) Common open space: An area in addition to required lot area, equal
to 10% of the gross development area, shall be developed and maintained
as common open space. Such common open space shall be developed for
active recreation (with facilities), or sitting areas (with facilities)
or bicycle, walking or horse trails (marked by developed paths), or
developed wooded areas (cleared of underbrush) or any other uses found
appropriate by the Planning Board. Open space shall not be sold off
as a separate subdivision and shall not be used for future building
lots.