A.
The purpose of the Planned Development District classification
is to provide for the rezoning of land to residential, community service,
commercial, industrial, recreational and mobile home development zones
either jointly or separately in conformance with provisions and standards
which ensure compatibility among all the land uses, foster innovation
in site planning and development and encourage sound design practices.
B.
Provisions are included for Planned Development District
(PDD) to permit establishment of areas in which diverse uses may be
brought together in a compatible and unified plan of development which
shall be in the interest of the general welfare of the public. In
Planned Development Districts, land may be used and structures may
be constructed and used for any lawful purpose in accordance with
the provisions set forth herein. A planned development may be a development
of diversified land uses integrated into a carefully considered plan.
Any of the uses listed in the Schedule of Regulations[1] may be permitted, subject to the requirements of that
section. Industrial or obnoxious uses, however, shall not be allowed
in established areas of PDDs if in conflict with the overall character
of the zone. Where development standards may be in conflict or unnecessary
due to the integrated nature of the plan, the Town Board may approve
a PDD that does not meet all required standards, such as zero lot
line developments, cluster housing, townhouses or such similar innovations,
provided that a written explanation of the reasoning and efficiency
of each modification is provided as part of the application.
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
The procedure for obtaining a change in zone
for undertaking development within a Planned Development District
shall be as follows:
A.
The applicant, or agent thereof, shall submit four copies of a preliminary development plan to the Town Board as described in § 73-27 and an application for a change of zone. The Town Board shall refer the application and preliminary development plan to the Town Planning Board 10 days prior to the Planning Board's next scheduled meeting. Such referral shall be prior to the date of the public hearing required by law on any proposed amendment to the Zoning Ordinance and Map by the Town Board. In addition, the preliminary development plan shall be reviewed by the Broome County Planning Department, which shall report its recommendation, in writing, to the Town Board.
B.
The Planning Board shall discuss the application and
shall review the preliminary development plan with the applicant (agent).
The Planning Board shall prepare recommendations with regard to the
preliminary development plan and the proposed change of zone.
C.
Within 45 days of receipt of the application and the preliminary development plan, at its regular meeting, the Planning Board shall transmit, in writing, to the Town Board, its recommendation for approval, approval with conditions or modifications, or disapproval, in accordance with its findings as described in § 73-29. The Planning Board shall include its reasons for such recommendations. The Planning Board shall send a copy of its recommendations to the applicant. Failure of the Planning Board to act within 45 days of receipt of the application shall permit the Town Board to act without the Planning Board's recommendation.
D.
Within 45 days of receipt of the Planning Board's
recommendation, 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.
E.
Within 45 days of the public hearing, the Zoning Ordinance
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 Zoning Ordinance within the area so designated.
(1)
If the change of zone and preliminary development
plan are 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, and the Board's resolution of approval shall be
attached thereto. One copy will be retained by the Town Clerk; one
copy will be given to the Planning Board; one copy will be given to
the Code Enforcement Officer; and one copy will be returned to the
applicant.
(2)
In the event that the Town Board grants the change
of zone, subject to modifications in the preliminary development plan,
the resolution granting the change of zone shall specify the required
modification and shall specify the time period for completion of the
development plan, as specified in § 73-28D.
(3)
In the event the Town Board disapproves the application
and preliminary development plan, it shall notify the applicant, in
writing, of the disapproval and of the reasons for such decision.
F.
Upon approval of the application on change of zone and the preliminary development plan, with or without required modifications, the applicant shall submit for Planning Board review four copies of a final development plan, as described in § 73-28.
G.
When the Town Planning Board approves the final development
plan as submitted, an appropriate notation to that effect will be
made on the face of four copies of the final development plan. One
copy will be retained by the Town Clerk; one copy will be retained
by the Planning Board; one copy will be given to the Code Enforcement
Officer; and one copy will be returned to the applicant.
[Amended 6-5-1978]
H.
Prior to the issuance of a building permit, the Town
Board shall approve as to the form and sufficiency of any performance
bond obtained by the applicant and as to the acceptability of any
offers of cession, deeds or restrictive covenants.
I.
In the event that the applicant desires to change
the use of the PDD from the original proposed use, a resubmittal of
the final development plan shall be required.
The applicant shall submit an application for
a change of zone with a preliminary development plan at a scale of
one inch equals 50 feet, which shall include the following:
A.
Site plan.
(1)
Residential single-family subdivision. Master site
plan indicating individual lot layout, ten-foot contours, open spaces,
land use areas, streets, utility easements, rights-of-way and adjacent
land use.
(2)
All other development. Proposed site plan, including
ten-foot contours, elevations, location and dimensions of proposed
buildings, signs, open spaces, land use areas, streets, utility easements,
rights-of-way and adjacent land use.
B.
Location and dimensions of driveways and driveway
intersections with street and highways, proposed traffic circulation,
parking and loading areas, pedestrian walks, lighting, landscaping
and necessary screening. No entrances or exits shall be permitted
from a Planned Development District to a Residential District.
C.
Proposed construction sequence for buildings, parking
spaces and landscaped areas.
D.
Proposed public utilities plan, including water supply,
sewerage and stormwater drainage, with letter of review from Broome
County Health Department.
[Amended 6-5-1978; 4-6-1998; 4-3-2017 by L.L. No.
1-2017]
A.
For site plan reviews in A, R, NC, CD and PDD Districts, the applicant
shall submit a final development plan at a minimum scale of one inch
equals 50 feet for review to the Town Planning Board prior to the
issuance of a building permit. Plans and specifications shall bear
the signature of the person responsible for the design and drawings
and where required by § 7302, as amended, of Article 147
of the Education Law of the State of New York, the seal of a licensed
architect or licensed professional engineer or licensed land surveyor.
If a business is going into a plaza (building with two or more rental
spaces) and does not change in use, increase traffic, or increase
assembly, the Ordinance Office Department Head with the Planning Board
Chair and the Town Engineer's approval has the option to conduct an
in-house review. The final development plan shall include:
(1)
Site plan showing location and dimensions of proposed buildings,
signs, open spaces and land use areas, including any subdivision intended
within the district.
(2)
Location and dimensions of driveways and their intersections with
streets and highways, traffic circulation, required parking and loading
areas, pedestrian walks and lighting.
(3)
A description of the proposed use, including hours of operation,
number of employees, expected volume of business and type and amount
of traffic to be generated, shall be provided in writing.
(4)
Landscaping plan, including site grading and type of landscape plantings
and structures and necessary screening. This provision does not apply
to single-family residential subdivision development.
(5)
Final drawings of buildings to be constructed in the current phase,
including floor plans, exterior elevations and sections. This provision
does not apply to single-family residential subdivision development.
(6)
Final engineering plans, including street improvements, water supply,
waste disposal and drainage system (approved by the County Health
Department) and other public utilities. All improvements shall comply
where applicable with construction standards outlined in the Town
of Chenango Subdivision Regulations.[1]
(7)
Letters, in appropriate cases, directed to the Chairman of the Planning
Board, signed by a responsible official of the agency, utility company,
government authority or special district having jurisdiction in the
area of public sewer, public water, telephone, electric or gas improvements,
a responsible and qualified official of the Fire Department and School
Board transmitting his or her findings concerning the plan.
(8)
Engineering feasibility studies for the solution of any anticipated
problem which might arise due to the proposed development, as required
by the Planning Board.
(10)
Offers of cession and proposed restrictive covenants.
(11)
Construction sequence and time schedule for completion of each
phase for buildings, parking spaces and landscaped areas, as applicable.
(12)
Complete documentation of means for the continual maintenance
of common open space and buildings.
(13)
Any environmental quality review as may be required by New York
State, Broome County or the Town of Chenango.
B.
Building permits. Building permits shall be issued by the Code Enforcement
Officer only in accordance with an approved site plan, accurately
representing the manner in which the project shall be constructed,
and after receipt of a recommendation from the Planning Board. The
Planning Board shall transmit the application with its written finding
to the Code Enforcement Officer within 60 days. A failure to act within
60 days of the receipt of the application will permit the Town Board
to authorize the Code Enforcement Officer to act without the recommendation
of the Planning Board.
C.
Changes. An applicant wishing to make substantial changes in a duly
reviewed site plan shall make application for a new building permit.
(1)
The final development plan for a PDD site plan shall be in general
conformance with the approved preliminary development plan. Such approval
for each phase shall be secured by the applicant for each phase of
the development. Such approval for each phase shall be valid for two
years; at which time, unless the proposed development has been completed
or in process, the final development plan approval shall terminate,
and no additional building permits shall be issued. If five or more
lots (with separate deeds) are provided on the Planned Development
District, the final development plan shall be in such form as to be
acceptable, according to the Subdivision Regulations of the Town of
Chenango, as a final subdivision plat and may be approved in accordance
with the procedures and requirements of the Subdivision Regulations
of the Town of Chenango.
(2)
Final approval of site plans in A, R and NC Districts for each phase
of development, if applicable, shall be secured by the applicant for
each phase. Such approval for each phase shall be valid for two years,
at which time, unless the proposed development has been completed
or in process, the development plan approval shall terminate and no
additional building permits shall be issued.
The Planning Board, after determining that the
requirements of the Zoning Ordinance dealing with planned development
districts have been met, shall recommend the approval, approval with
modifications, or disapproval of the preliminary development plan
to the Town Board. The Planning Board shall enter its reasons for
such action in its records and transmit its findings by resolution
to the Town Board. The Planning Board may recommend the establishment
of a planned development district, provided that it finds the facts
submitted with the preliminary development plan establish that:
A.
The uses proposed will not be detrimental to the natural
characteristics of the site or to present and potential surrounding
uses but will have a beneficial effect which could not be achieved
under any other district.
B.
Land surrounding the proposed development can be developed
in coordination with the proposed development and be compatible in
use.
C.
Land uses surrounding the proposed development will
be adequately buffered from the proposed use, where necessary, by
appropriate screening devices, such as a wall, fence or hedge. Where
existing features of the property can serve this function, the design
of the proposed development shall be such that these features are
preserved for such purpose.
D.
The proposed change to a planned development district
or the proposed site plan in R, A and NC Districts is in conformance
with the general intent of the Comprehensive Plan of the Town of Chenango.
E.
Existing and proposed streets are suitable and adequate
to carry anticipated traffic within the proposed district and in the
vicinity of the proposed district.
F.
Existing and proposed utility services are adequate
for the proposed development.
G.
Each phase of the proposed development, as it is proposed
to be completed, contains the required parking spaces, landscape and
utility areas necessary for creating and sustaining a desirable and
stable environment.
