The purpose of this district is to provide a means of developing land areas within the community considered appropriate for residential, recreational, commercial or industrial use or a combination of these uses in a compatible and economical manner by a single developer while ensuring the public health, safety, welfare, comfort and convenience of the public in general and of the occupants of the immediate neighborhood to the maximum extent possible.
C.
Planned Unit Development (PUD), limited to the following specified purposes after site plan review:
(1)
Any combination of uses permitted in the PRD and PCD Districts.
E.
Physical standards.
(1)
Residential standards.
(a)
District area minimum: two acres.
(b)
Area minimum per dwelling unit: as per previous district requirements.
(c)
Required setback. No building shall be closer than 50 feet to any other building, and no building shall be closer than 60 feet to any boundary line of the district. Setback from any street shall be as per previous district requirement.
(d)
Lot coverage maximum: as per previous district requirement.
F.
Review process. The Planned Development District application and review process shall be as follows (before the formal review process begins, the applicant shall meet with the Planning Board for an informal preliminary conference to discuss the complete review process):
(1)
Application for the establishment of Planned Development Districts.
(a)
Application for creation of a Planned Residential, Planned Commercial, Planned Industrial or Planned Unit Development District may be made by any party with legitimate interest in the parcel(s) of land in question. Ownership or holding a bona fide purchase offer shall be considered a legitimate interest.
(b)
Preliminary application (the applicant shall provide 17 complete copies, including all maps, drawings and any text) for creation of a new district shall be made to the Village Clerk. The Village Clerk shall, within five working days, compare the preliminary application with the list of required submissions given below and refer the preliminary application to the Village Planning Commission if complete or shall return it if deemed incomplete. The Village Clerk may confer with the Chairperson of the Planning Commission and other Village officials in making the determination of completeness. The Clerk's determination shall not preclude the Planning Commission or Village Board from requiring additional information from the developer. The Village Clerk shall make any required referrals and notifications necessary pursuant to state law, including NYCRR Part 617 (the state environmental quality review) and § 239-m of the General Municipal Law.
(c)
The Planning Commission shall review such preliminary application. The Planning Commission may require such changes as are found to be necessary to meet the requirements of this chapter, to protect the established permitted uses in the vicinity and to promote the orderly growth and sound development of the Village. In evaluating the proposal and in reaching its determination regarding the preliminary application, the Planning Commission shall consider and make findings regarding those considerations set forth under Subsection F(3), Applicable considerations. The Planning Commission shall have the right to hold a public hearing on the proposal and may hold such a hearing in conjunction with the Village Board. The Planning Commission shall meet and may recommend approval, disapproval or approval with modifications. Such decision shall be reached within 45 days of referral by the Village Clerk.
(d)
Following the decision by the Planning Commission, the developer shall have the right to withdraw and to resubmit the application. Such resubmittal shall be considered a final application and shall be referred by the Village Clerk as provided by Subsection F(1)(b) above. Should the developer choose, the unmodified application may stand as the final application. As in Subsection F(1)(c) above, the Planning Commission shall reach a decision on a final application within 45 days of referral by the Village Clerk.
(e)
The Planning Commission shall forward any final application to the Village Board, together with a report of any public hearing it may have held and a report of its action, within five days of its action.
(f)
The Board of Trustees shall hold a public hearing on the Zoning Map amendment to create a Planned Development District and consider thereat the report and recommendations of the Planning Commission and all other comments, reviews and statements pertaining thereto. The Board of Trustees may amend the Zoning Map to establish and define the type and boundaries of a Planned Development District, and in so doing may state specific conditions, in addition to those provided by this section, further defining the nature or design of development. Should the Board of Trustees wish to act contrary to any recommendation for disapproval or approval with modifications made by the Village Planning Commission or any such recommendation made by the County Planning Board under § 239-m of the General Municipal Law, it may do so only with a majority plus one vote of its full, authorized membership of five.
(2)
For the approval of development within an established Planned Development District:
(a)
Amendment of the Zoning Map shall not constitute authorization for development within the district.
(b)
For such authorization, after a Planned Development District has been established, the applicant shall submit to the Planning Commission such plans and specifications, supporting documents and data as required under final plan as set forth under § 300-31D(2), required submissions for a final plan and such further documentation as may be required by the Commission. The Planning Commission shall make its decision regarding development within 45 days of submission of the final plan as approved by the Village Board. This decision by the Planning Commission shall constitute site plan review as provided in § 300-31.
(c)
All conditions imposed by the Board of Trustees in its amendment of the Zoning Map and all subsequent conditions required by the Planning Commission during the site plan review shall not lapse or be waived as a result of any change in tenancy or ownership of any or all of the designated district.
(d)
If construction of the development in accordance with the approved plans and specifications has not been conclusively initiated within one year after the date of approval of the site plan, all permits shall become null and void, the approval shall be deemed revoked and vacated and the Board of Trustees shall amend the map to restore the zoning designation for the district to that which it had been prior to the application.
(3)
Applicable considerations. The Planning Commission shall, in its review and recommendation, and the Board of Trustees shall, in making its determination, make written findings that the plans and facts submitted establish that:
(a)
The proposal is consistent with the latest official Village Master Plan and as such plan may be subsequently amended, together with the regulations and the purposes of the Planned Development District process.
(b)
The proposal is consistent with the established character and adjoining uses of the neighborhood and will provide all reasonable safeguards for the protection of this character and property values.
(c)
The proposal will be so located as to be efficiently served by the trafficways, water supply, sewage disposal, stormwater drainage, refuse collection, school and fire and police protection systems.
(d)
The proposal provides adequately for the movement of vehicular traffic according to the following:
(e)
The proposal provides adequately for all on-site utilities, including water, sanitary and storm sewer, electric, gas and telephone services.
(f)
The proposed locations of principal and accessory buildings on the site in relation to that site, to one another and to adjoining uses are satisfactory.
(g)
The proposed types of construction, building facade and bulk and height of all structures are appropriate to their function and to structures in the adjoining neighborhoods.
(h)
The proposal provides for such open space, recreation areas, buffer areas and pedestrian access and circulation as appropriate to the proposed uses.
(i)
The proposal includes appropriate provisions for signing, lighting, fencing and landscaping.
(4)
Required submissions. Plans and data to be submitted in accord with the procedure as outlined above shall be prepared by an engineer or architect licensed by the State of New York and shall be as follows unless specifically waived by the Planning Commission and Board of Trustees:
(a)
Preliminary plan shall include the following: a site plan with 17 copies, at a preferred scale of one inch equals 40 feet, to include:
[1]
Title, scale, North arrow and date.
[2]
Property boundaries and Tax Map number of the parcel and all adjoining parcels and the ownership of same.
[3]
Existing site characteristics, including soils, drainage, vegetation and topography (two-foot contours).
[4]
Existing and proposed land use on and within 100 yards of the parcel.
[5]
Lot layout or building arrangement, existing and proposed.
[6]
Street layout, including right-of-way and improved surface widths.
[7]
Location of utilities on and adjacent to the tract and proposed connection thereto, including water supply, sewage disposal, electric, telephone and other service facilities and solid waste disposal.
[8]
Location, dimension and purpose of any easement and the owner(s) thereof.
[9]
Location, dimension and description of land or facilities to be dedicated or reserved for public use.
[10]
Preliminary drawings for buildings to be constructed, including floor plans, exterior elevations and sections.
[11]
Off-street parking and service areas proposed.
[12]
Landscaping and site amenities proposed, including trees to be removed which exceed four inches in diameter three feet off the ground.
[13]
Total acreage of tract.
[14]
Proposed timetable or stage for sale or development.
[15]
Type of project, i.e., sale of lots, buildings, condominiums, etc.
[16]
Proposed number of lots, typical lot size or building arrangement.
[17]
Signs, including type, location and size, lighting and content.
[18]
Names and addresses of owner(s) and developer.
(b)
Final plan shall include the following: a site plan with 17 copies, scale to be the same as for the preliminary plan, showing the following:
[1]
Tract boundary lines, right-of-way lines, easements and individual lot lines with accurate dimensions, bearings, radii, arcs and central angles of all curves and the location and description of all monuments.
[2]
Reference to adjoining platted land or names of owners of record of unplatted lands.
[3]
Typical cross sections of streets, including pavement, shoulders, ditches and walks, and cross sections of drainage easements, as necessary.
[4]
Profiles of street center lines showing vertical curve data, slopes of tangents and elevations of street intersections and other critical points.
[5]
Utilities plans for water, gas and electric services, as applicable.
[6]
Profiles of storm and sanitary sewers, if any, showing diameter of pipe and distance between manholes.
[7]
Final drawings for buildings to be constructed, including floor plans, exterior elevations and sections, including sufficient data to assure that applicable provisions of New York State Uniform Fire Prevention and Building Code shall be complied with.
[8]
Landscaping, lighting and all site improvements, including grading plan.
(c)
Accompanying development data shall be as is appropriate to the project, including:
[1]
Application and required fee, if any.
[2]
Certification of title showing that applicant is the landowner or possesses a signed purchase agreement.
[3]
Certification by licensed land surveyor of survey and plat accuracy.
[4]
Protective covenants in form for recording, including covenants governing the maintenance of unceded public space or reservations.
[5]
Offers of cession to dedicate streets, easements, open space and other facilities.
[6]
Endorsement and approval by the State Health Department, where applicable, of sewer and water facility drawings and proposals.
[7]
Copies of agreement showing the manner in which areas reserved by the developer are to be maintained.
[8]
Such performance bond or other acceptable guaranty to cover the full cost of improvements proposed to be dedicated to the Village as may be deemed necessary by the Board of Trustees.
[9]
Any other data as may be required for the administration and enforcement of this section.
(d)
As-built drawings shall be required as follows: Construction drawings for underground installations or any facility or improvement to be offered for dedication to the Village will be filed upon completion of same. No performance bond or other guaranty shall be released or certificate of compliance issued until satisfactory as-built drawings have been filed with and approved by the Board of Trustees.