There is herewith established a use district to be known as the "Planned Development District."
This article shall operate as a conditional use and as an alternative to the permitted uses and regulations applicable to existing districts, and shall be applicable only to those lands which may be hereafter zoned "Planned Development" by the Town Board. Basic underlying zoning requirements for lands over-zoned as a Planned Development District shall continue in full force and effect and shall be solely applicable until such time as the Town Board grants final approval as hereinafter provided.
The purpose of the Planned Development District and the regulations applicable to the same is to encourage and provide means for effecting desirable and quality development by permitting greater flexibility and design freedom than that permitted under the basic district regulations, and to accomplish a well-balanced, aesthetically satisfying Town and economically desirable development of building sites within a Planned Development District. These regulations are established to permit latitude in the development of the building site, if such development is found to be in accordance with the purpose, spirit, and intent of this chapter and is found not to be hazardous, harmful, offensive or otherwise adverse to the environment, property values or the character of the neighborhood or the health, safety and welfare of the community. It is intended to permit and encourage diversification, variation and imagination in the relationship of uses, structure, open spaces and heights of structures for developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage and facilitate preservation of open lands.
As used in this article, the following terms shall have the meaning indicated:
- BASIC ZONING REGULATIONS
- Such zoning regulations as are applicable to the use district other than the regulations set forth in this article.
- BUILDING SITES
- A tract of land not divided by public streets or into lots, excepting for single-family dwelling purposes, and which will not be so subdivided, or where the tract of land, if so divided, is in single ownership or is owned by a condominium group. The site must be located on a public street or highway, or have direct access over a private right-of-way having the minimum width of 90 feet.
Basic zoning uses. The following uses are permitted in a Planned Development District upon obtaining all necessary approvals required under this chapter:
All uses permitted under the basic zoning regulations applicable to the zoning district in which the particular property is located. Where a building site is situated in more than one use district, all uses permitted under the basic zoning regulations of one district may be extended into the adjacent district, but only under the condition that the maximum area of such extension shall not exceed an area computed to be 50% of the smaller of the areas of the portion of the property located in either district.
Such additional uses, or mixture of uses, as are recommended by the Planning Commission and approved by the Town Board, to qualify under this article.
Building restrictions. When all necessary approvals required under this chapter are obtained, the building height, size and floor area, lot size, setback, side and rear yard, density and open space requirements under the basic zoning regulation shall not be applicable, but rather such development plan and the plan itself shall be construed to be and shall be enforced as part of this chapter.
Engineering design standards. Normal standards or operational policies regarding right-of-way widths, provisions for sidewalks, streetlighting and similar environmental design criteria shall not be mandatory in a planned development, but practice standards satisfactory to the Town, pursuant to the criteria as set forth in § 275-86 hereof, shall be made a part of the approved plan and shall be enforceable as a part of this chapter.
Approvals. The developer shall develop the site in accordance with the terms and conditions of development presented to and approved by the Town Board. Any changes or additions to the original approved development site structures or plans of operation shall require resubmittal and recommendation by the Planning Commission and approval by the Town Board.
Rescinding approval. Failure to comply with the conditions, commitments, guarantees or recommendations established in the approval of such development project shall be cause for rescinding the approval of the same. Upon notice given by the Zoning Administrator, the developer shall be required to appear before the Town Board at its next public meeting to explain any such failure to comply. The Town Board, at such hearing, shall determine whether or not the developer shall have failed to comply and, if there has been such a failure, may either:
Rescind its approval, whereupon such rescission and cessation of all rights and privileges of the developer and owner, including the right to complete construction or to construct any building or other structure or improvement, shall become effective on the 31st day following mailing by certified mail to the developer at his last known address of a written notice of such rescission; or
Adjourn such hearing for the period not to exceed 65 days to enable the developer to comply, thereupon, if the developer is then in substantial compliance and has then established to the reasonable satisfaction of the Board that there will be compliance in the future, the rights and privileges of the developer and owner shall continue for such period of time that there shall be such compliance; but, if the developer is not then in substantial compliance, or does not establish to the reasonable satisfaction of the Board that there will be compliance in the future, the Board will proceed in accordance with Subsection C(1) immediately above.
As a basis for determining the acceptability of a planned development proposal, the following criteria shall apply to the development plan, with specific consideration as to whether or not it is consistent with the spirit and intent of this chapter, has been prepared with competent professional advice and guidance, and produces significant benefits in terms of environmental design.
Character and intensity of land use. The uses proposed and their intensity and arrangement on the site shall be of such a visual, aesthetic and operational character that they:
Are compatible with the physical nature of the site, with particular concern for preservation of natural features, tree growth and open space.
Would produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability and functional practicality compatible with the general development plans for the area as established by the community.
Would not adversely affect the anticipated provision for school, sewer, water, snow removal, garbage pickup, fire protection, or other municipal services.
Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
Economic feasibility and impact. There should be provided satisfactory evidence that it is economically feasible, has available adequate financing, and will not adversely affect the economic prosperity of the Town or the values of surrounding properties.
Engineering design standard. The width of rights-of-way and location of street or other paving, requirements for outdoor lighting, location of sanitary and storm sewer and water lines, and provision for drainage and other similar environmental engineering considerations shall be based upon a determination as to the appropriate standards necessary to implement the specific function in the specific situation; provided, however, that in no case shall construction standards be less than those necessary to ensure the public safety and welfare.
Preservation and maintenance of open space. Adequate provision shall be made for open space for the permanent preservation and maintenance of common open space and rights-of-way, either by private reservation or dedication to the public. In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the Town, as part of conditions for project approval, an open space easement over such open areas restricting the area against any future building or use, except as is consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the surrounding residences. Buildings or uses for noncommercial recreational or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan or, subsequently, with the express approval of the Town Board following the recommendation of building site and operational plans by the Planning Commission.
In the case of roadways and other rights-of-way which are not dedicated to the public as part of the conditions for project approval, there shall be granted to the Town such easements over the same as may be necessary to enable the Town to provide suitable and adequate fire protection, sanitary and storm sewer, water, and other required municipal services to the project area.
The care and maintenance of such open space reservations and rights-of-way shall be assured, either by establishment of appropriate management organization for the project or by agreement with the Town for establishment of a special service district for the project area on the basis of which the Town shall provide the necessary maintenance service and levy the cost thereof as a special assessment on the tax bills of properties within the project area. In any case, the Town shall have the right to carry out and levy an assessment for the cost of any maintenance which it feels necessary if it is not otherwise taken care of to the satisfaction of the Town. The manner of assuring maintenance and assessing such cost to individual properties shall be determined prior to the approval of the final project plans and shall be included in the title to each property.
Factors and requirements to be considered by the Planning Commission and Town Board.
Height of structures.
Auto parking facilities.
Screening and fencing.
Open space reservations.
The site itself, as it relates to neighborhood environment, compatibility to existing neighborhoods characteristics.
Nature and use of the proposed structures, and design, architecture, and materials to be used.
Adequacy of traffic pattern and appearance of proposed parking areas.
Proposed roadway, driveway and walk locations.
Highway access to the site, number of openings and location of same.
Traffic generation, number of vehicles parked and rate of turnover per hour.
Capacities required for sewer, water, and other necessary utilities.
Proposed methods and hours of operation.
Educational capacity capabilities (number of families and school load).
Economic impact on the Town, its inducements, attractions, and detractions.
Comparison of open space as required by the underlying basic zones with that of the proposed project.
Commencement and completion dates.
Deed restrictions and sureties deemed necessary to protect the health, safety and welfare of the community.
Such other limitations, conditions or special requirements, characteristic to the use as may be deemed necessary to protect the health, safety, or welfare of the Town.
The proponents of a planned development shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Planning Commission and the Town Board, including suitable provisions (and the Town may require the furnishing of a suitable and sufficient performance bond) for assurance that each phase could and shall be brought to completion in a manner which shall not result in adverse effect upon the community as a result of termination at the end of the phase. The procedure for approval of a planned development project shall consist of two phases:
Notice and fee. A person desiring to develop a particular site as a planned development district project shall apply to the Zoning Administrator on such forms as shall be provided by the Town and shall pay a fee as provided in the Town Fee Schedule, which shall accompany such written application. Such application shall contain the names, mailing addresses and telephone numbers of the owners and developers, and a description of the development site.
Notice to Commission. The Zoning Administrator shall inform the Planning Commission of such desire and shall secure date for preliminary discussion between the developer and the Planning Commission and shall notify such developer of such date.
Commission recommendations. The Planning Commission, after such preliminary discussions and such further discussions as may be required with the developer, shall report, in writing, such proposed project development to the Town Board, together with its recommendations for either approval or disapproval of the same. Such report and recommendation of the Commission shall be made to the Town Board no later than four months from the date of the filing of the application with the Zoning Administrator.
Administrator. A recommendation of approval by the Commission shall in no way be binding on the Town Board. The Town Board shall either approve or disapprove the proposed development project, without modification. Any such approval shall be a preliminary approval only, and shall not bind the Town Board regarding final approval.
Information required. The following information shall be provided by the applicant in adequate detail to satisfy the Planning Commission for its recommendation regarding preliminary approval:
A statement describing the general character of the intended development.
An accurate map of the project area, showing nature, use, and character of abutting properties, prepared by a registered surveyor.
A general development plan of the proposed project showing the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in § 275-86 of this chapter:
The pattern of public and private roads, driveways and parking facilities.
The size and location of lots.
The type, size, and location of structures.
The location of sanitary and storm sewer lines, water mains, and lighting.
The location of recreational and open space areas reserved or dedicated for public uses, such as school, park, etc.
General landscape treatment.
Appropriate statistical data on the size of the development, residential density, ratio of various land uses, economic analysis of the development, and any other data pertinent to the evaluation under the criteria of § 275-86.
Architectural drawings and sketches illustrating the design and character of proposed structures.
General outline of intended organization structure related to property owners' association, deed restrictions and private provision of common services, if any.
Amendment of preliminary approval. The recommendation of the Planning Commission and the preliminary approval of the Town Board shall be based on and include as conditions thereto the building site and operational plans for the development, as approved, as well as all other commitments offered or required with regard to project value, character or other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the approved plans. Detailed construction and engineering plans need not necessarily be completed at this time, but the approval of such preliminary plan shall be conditional upon the subsequent submittal and approval of more specific and detailed plans. Any subsequent change or addition to the plans or use shall first be submitted to the Planning Commission, and if in the opinion of the Planning Commission such change or addition constitutes a substantial alteration of the original plan, it shall timely make an appropriate recommendation to the Town Board relating in an amendment of the preliminary approval.
After the Town Board has issued its preliminary approval of the proposed plan, the developer may file with the Town Clerk a petition executed by the owner of the property to be developed or his agent for the final approval, stating that he seeks to develop such property under the provisions of this article. Such petition shall include (unless previously submitted):
The names, mailing addresses and telephone numbers of any additional owners and developers of the development site, and the names of owners and developers listed on the application who no longer have an interest in the project in the event there has been a change in owners or developers since the date of the application.
An accurate topographical map showing topographical data at two-foot intervals and extending 100 feet beyond the exterior boundaries of the site, showing all public rights-of-way and all buildings accurately located within 100 feet of the exterior boundaries of such site. Such map shall contain all available utilities, including drainage and the capacities thereof and high-water elevations along rivers.
A scale plot plan showing the location, type and size of every proposed structure and its proposed use, also driveways, driveway access roads, parking facilities, lighting appliances, recreation areas, loading docks, open spaces, screening, fencing, and landscaped areas, and utility easements.
A statistical table showing the size in square feet, the acreage (exclusive of public streets), proposed population densities and open areas (both in square feet and as a percentage of the project area).
Architectural drawings of all buildings and structures and sketches showing the design characteristics and treatment of exterior elevations and typical floor plans of proposed structures.
A table showing the approximate costs of structures.
A statement showing the starting and completion dates of the project.
Any other pertinent data, statements, drawings or plans which may be required by the Planning Commission or the Town Board.
The following additional information for commercial and industrial developments:
After receipt of a petition and the filing of the required data, the Planning Commission shall hold a public hearing, and such additional public hearings as may be desirable upon publication of a Class 1 notice in the official newspaper of the Town. Any such hearing may be adjourned without further publication. Following such hearing, the Commission shall recommend to the Board that the petition be either approved or disapproved.
Upon receipt of the recommendation of the Planning Commission, the Town Board shall hold a public hearing on whether or not to give final approval to the proposed project. The Town Board shall give notice of such hearing by publication of the same as a Class 3 notice in the official newspaper of the Town, and may adjourn such hearing at the time thereof without further publication. Within a reasonable time following such hearing, the Board shall either issue a final approval or disapprove such petition.
No construction shall be commenced on the building site until the Board has granted final approval, except such construction that shall be in compliance with both the requirements of the underlying zone and proposed planned development as submitted for final approval. Neither preliminary approval nor final approval shall constitute approval for construction of any building or structure, but approval for such construction shall be obtained through the procedure for applying for and obtaining a building permit as it is now and as shall be hereafter prescribed elsewhere in the Town ordinances and pursuant to state law.
A petition for an amendment to the final approval shall require an additional fee as provided in the Town Fee Schedule. No subsequent change or addition to the planned development after final approval shall be allowed or permitted until approved by the Town Board after hearings and the recommendation of the Planning Commission, all in accordance with the procedure and requirements of this article.