[Amended 6-15-2004 by L.L. No. 1-2004]
The regulations for planned development districts are intended to provide a means for the development of entirely new residential, commercial parks or estates in which certain economies of scale or creative architectural or planning concepts may be utilized by the developer without departing from the spirit and intent of this chapter. In no case shall the regulations of this section be so interpreted as to circumvent the benefits of this chapter to the residents or occupants of such development or the residents or occupants of adjoining properties. Planned development districts as defined herein may be established only in accordance with the procedure specified in this section. However, if the Village Board of Trustees determines that the proposal does not merit review because it does not meet the objectives of this Chapter
180 and/or the Village's Comprehensive (Master) Plan, it shall so notify the applicant, shall not refer the application to the Planning Board, and no further action on the application shall be taken.
A. The minimum size for a planned development district
shall be not less than five acres for residential development; not
less than three acres for commercial development; and no minimum size
for "cottage zoning." The calculation of such land area shall not
include existing streets, easements, parks or otherwise indicated
land or water areas in excess of 5% of the minimum gross acreage;
lands officially designated on the Official Map of the Village or
County, as they may be prepared, for public purposes; or lands undevelopable
by reason of topography, drainage or adverse subsoil conditions. Sites
proposed for development for two or more use classifications shall
consist of the aggregate gross land area required for each use. The
proposed development shall conform to the Master Plan.
[Added 3-6-2006]
B. Application for establishment of a planned development
district shall be made to the Village Board. The Village Board shall
refer the application to the Village Planning Board within 30 days
of the date of application. The Planning Board shall require the applicant
to furnish basic site data pertaining to the boundaries of the proposed
planned development, existing zoning, the topography and subsoil conditions,
and such preliminary plans as may be required for an understanding
of the proposed development, with the petitions for any desired zoning
changes.
C. The Planning Board may require such changes in said
preliminary plans as are found to be necessary to meet the requirements
of this chapter. The Board may make such additional requirements as
are deemed reasonably necessary to protect the orderly growth and
sound development of the Village. In reaching its decision on the
proposed development and changes, if any, in the preliminary plans,
the Planning Board shall consider among other things the following:
(1) The need for the proposed land use in the proposed
location.
(2) The existing character of the neighborhood in which
the use would be located.
(3) The location of principal and accessory buildings
on the site in relation to one another.
(4) The pedestrian circulation and open space in relation
to structures.
(5) The traffic circulation features within the site and
the amount, location and access to automobile parking areas.
(6) The height and bulk of buildings and their relation
to other structures in the vicinity.
(7) The proposed location, type and size of display signs,
driveways, loading zones and landscaping.
(8) The safeguards provided to minimize possible detrimental
effects of the proposed use on adjacent properties and the neighborhood
in general.
(9) Such other matters as the Planning Board may consider
pertinent.
D. The Planning Board shall approve, approve with modifications
or disapprove such application and shall report its findings to the
Village Board within 60 days following the date the Planning Board
determines the application to be complete. Such period may be extended
upon mutual consent.
E. The Village Board shall hold a public hearing on the
proposal, with public notice, as provided by law, as in the case of
an amendment to this chapter.
F. The Village Board may then amend this chapter so as
to define the boundaries of the planned development district. Such
action shall have effect only of granting permission for development
of the specific proposed use in accordance with the preliminary plans
filed with the Village Board. Such amendment of this chapter shall
not constitute or imply a permit for construction or approval of construction
plans.
G. In the event that the Planning Board has disapproved
such proposal or approved it with modifications which the applicant
is unwilling to make, an affirmative vote of not less than 4/5 of
the members of the Village Board shall be required to establish such
planned development district.
H. If construction work on the proposed development is
not begun within the period of time specified by the Village Board,
approval of the application shall become null and void, and all rights
thereunder shall lapse and the land shall be deemed subject to the
same regulations and restrictions as were effective before such approval,
unless the Village Board, for good cause, authorizes an extension
of either period. Such extension may be authorized without a public
hearing.
I. All conditions imposed by the Village Board, including
those the performance of which are conditions precedent to the issuance
of any permit necessary for the development of any part of the entire
site, shall run with the land and shall not lapse or be waived as
a result of any subsequent change in the tenancy or ownership of any
of all said area. Such conditions shall be part of any certificate
of occupancy issued for any use or structure in such development.
J. Planned developments shall include the following:
(1) Street rights-of-way not less than 50 feet in width.
(2) Pavement in the center of the right-of-way not less
than 20 feet wide or 40 feet if curbs are installed.
(3) Provision for surface draining to catch basins.
(4) Underground storm sewers, including catch basins leading
to an approved outfall.
(5) Water mains connected to the nearest approved point
on the Village water system, with taps and laterals at each occupancy.
(6) In the case of one single-family dwelling only, where
a Village sewer line is not immediately available at the site at the
time of construction, a temporary permit may be issued for use of
septic tanks and drainage fields constructed in accordance with the
regulations of the Board of Health of the State of New York.
[Amended 2-5-1992 by L.L. No. 1-1992]
L. The applicant shall reimburse the Village for all
engineering and other professional fees incurred in review of the
development project. The Village Board shall require payment by the
applicant of an amount equal to the estimate cost of such professional
fees to be held in escrow by the Village, which estimated cost shall
be paid prior to the Village incurring any professional costs.
[Added by L.L. No. 1-2004 ]
M. Sunset provision.
(1) In the event any of the following actions are not
taken within three years from the effective date of any planned development
district ("PDD") established under this article, such PDD shall be
deemed null and void, and the zoning of these lands shall revert to
their zoning classification existing immediately prior to such effective
date:
(a)
Site plan approval for the PDD has not been
obtained;
(b)
No building permit has been issued for construction
of any structure provided for in any such planned development; or
(c)
Construction of any such structure has not been
commenced on any lands within such planned development.
(2) Where any specific provision regarding automatic termination
of a PDD has been established within a given PDD ordinance or local
law, which provision conflicts with this chapter, that specific provision
shall control for that PDD.
(3) The provisions above notwithstanding, the Village
Board may, by resolution, lengthen the length of time prior to termination
of a specific PDD up to a maximum of two years.