The purpose of the PDD District is to facilitate
increased flexibility to achieve more desirable development through
the use of more creative and imaginative design of residential, mixed
use and commercial areas than is presently achievable under conventional
land use techniques and zoning regulations and to preserve, adapt
and improve existing open space, land uses, and neighborhoods, consistent
with the recommendations of the Town's Comprehensive Plan. The implementation
of planned development shall be established on a floating zone basis
with attendant controls and regulations intended to provide the means
to accomplish the intended purposes and goals set out herein.
Any person or corporation having ownership of
the property, or a possessory interest entitled to exclusive possession,
or a contractual interest or future ownership, may file for a Planned
Development District amendment. The approved project plan shall be
binding on the project land and owner(s).
The applicant shall submit 23 copies of a preliminary site plan (see §
270-31), together with a written application for a change in district to a Planned Development District.
A. Review by the Glenville Environmental Conservation
Commission (Type I SEQR actions only). If the proposed Planned Development
District qualifies as a Type I SEQR action, the Glenville Environmental
Conservation Commission shall review the preliminary development plan
and make a SEQR recommendation to the Planning and Zoning Commission
as to whether the proposal will have a significant potential adverse
environmental impact.
[Amended 10-1-2014 by L.L. No. 7-2014]
B. Review by the Planning and Zoning Commission. The
Planning and Zoning Commission shall review the preliminary development
plan with the applicant. After the application has been duly reviewed,
the Planning and Zoning Commission shall make a written finding of
fact and shall submit same, together with recommendations, to the
Town Board.
(1) Findings required. The Planning and Zoning Commission
may recommend establishment of a Planned Development District, provided
that the preliminary development plan establishes that:
(a)
The uses proposed will not be detrimental to
surrounding uses, but will have a beneficial effect, which could not
be achieved under another district.
(b)
Land surrounding the proposed development can
be planned in coordination with the proposed development and that
it be compatible in use.
(c)
The proposed zoning change is in conformance
with the general intent of this chapter and the Town of Glenville
Comprehensive Plan.
(d)
Existing and proposed streets are suitable and
adequate to carry anticipated traffic within and in the vicinity of
the proposed development.
(e)
Existing and proposed utilities are adequate
for the proposed development.
(f)
Each phase of the proposed development, as it
is intended to be built, contains the required parking spaces, landscaping
and utilities necessary for creating and sustaining a desirable and
stable environment.
(2) Public hearing by the Town Board. Following receipt
of the report by the Planning and Zoning Commission or, if no report
is completed, within 62 days after receipt of preliminary development
plans, the Town Board shall conduct a public hearing on the proposed
project and the proposed change of zoning. The public hearing on the
proposed zoning map amendment to Planned Development District shall
be given public notice as required for all zoning map amendments.
After the public hearing, the zoning map may be amended, but such
action shall only have the effect of granting permission for preparing
site plans for development of the specific proposal incorporating
any conditions or modifications requested by the Town Board. The Town
Board may deny approval of the zoning map amendment and any preliminary
development plans.
[Amended 10-1-2014 by L.L. No. 7-2014]
[Amended 10-1-2014 by L.L. No. 7-2014]
The application for a zoning map amendment to
Planned Development District shall include the following preliminary
development plan:
A. Survey showing existing features of the property,
including contours, buildings, structures, large trees, street utilities,
rights-of-way and land use.
B. Vicinity map showing property lines and land use within
1,000 feet of the site, drawn to a scale of one inch equals 500 feet
or larger.
C. Proposed site plan showing building locations, land
use, open space, traffic circulation, parking, pedestrian walks, landscaping
and utilities.
D. Proposed construction sequence for buildings, parking,
utilities and landscaping.
E. Preliminary architectural drawings for buildings,
elevations, and summary of building type, floor area, number of stories
and material.
F. Preliminary engineering plans, including street improvements,
drainage systems and utilities.
G. Any additional maps, data or background information
requested by the Economic Development and Planning Department, Planning
and Zoning Commission or Town Board.
Within six months of Town Board approval of the Zoning Map amendment and preliminary development plan, the applicant shall file for site plan review in accordance with the procedures of Article
XVI of this chapter. The Planning and Zoning Commission shall examine the site plans for substantial compliance with the preliminary development plan and any conditions or modifications requested by the Town Board. The Planning and Zoning Commission shall review the site plans as required by Article
XVI of this chapter. The Planning and Zoning Commission may approve, deny, or approve with conditions the site plan application. However, any changes to the site plan that differ from the preliminary development plan are subject to §
270-34 of this article.
[Amended 10-1-2014 by L.L. No. 7-2014]
Before building permits are issued for the project,
the Building Inspector or Deputy Building Inspector and the Planning
and Zoning Commission shall review the final site plans for the planned
development. The Planning and Zoning Commission shall approve the
final site plans only if they are in substantial compliance with the
approved preliminary site plan. Following final Planning and Zoning
Commission approval, the Building Inspector or Code Enforcement Officer
may issue building permits. He may issue a certificate of occupancy
for any completed building or structure in the planned development
if the completed building or structure conforms to the requirements
of the approved final plans and all other applicable ordinances and
regulations.
No changes may be made in the approved site
plans except upon application as noted below:
A. Minor changes. Inconsequential changes in location,
siting, and height of buildings and structures may be authorized by
the Planning and Zoning Commission if required by engineering or other
unforeseen circumstances.
B. Other changes. Any amendments to the use of property,
any rearrangement of lots, blocks and building tracts, any changes
in common open spaces, and all other changes to the final site plan
must be approved by the Town Board and Planning and Zoning Commission.
No amendments may be made to the approved final plan unless they are
shown to be required by changes in conditions that have occurred since
the final plan was approved or by changes in the development policy
of the Town.
[Amended 10-1-2014 by L.L. No. 7-2014]
The applicant may phase construction of the
planned development over a period of up to four years. The plan must
be specific with regard to phasing and timetable. Further, the construction
and provisions of all of the common open spaces and public and recreation
facilities, which are shown on the final site plan, must proceed at
the same rate as the construction of dwelling units. The Building
Inspector or Code Enforcement Officer shall examine the rate of construction
and may revoke the building permit and recommend to the Town Board
revocation of the planned development amendment, if he finds that
the rate of construction of dwelling units is greater than the rate
at which common open space has been provided.