Town of Milton, NY Article IX Planned Development District

§ 180-60 Intent and objectives.

A. The planned development procedure provides a flexible land use and design regulation through the use of performance criteria so that development may be matched with sensitivity to the unique characteristics of its site and innovative development techniques may be accommodated that might not otherwise be possible through strict application of standard land use regulation and subdivision requirements. The conventional use, area, bulk and density specifications set forth by other sections of this chapter are intended to be replaced by the approved PD District plan, which then becomes the basis legislatively established by the Town Board for detailed design, review and control of subsequent development.

B. While flexibility in substantive regulations is thus encouraged, it is intended that this uniform procedure and the required conformance with the Town of Milton Comprehensive Plan, municipal service capability and the purposes of this chapter, as specified in § 180-3, shall ensure the general welfare through equal treatment under the law as well as precise control of aspects of the development as approved.

C. While reviewing planned development districts, the Town Board shall consider the health, safety and welfare of the residents of the Town of Milton, as well as the aesthetics of all proposed improvements. The Town Board shall use the provisions of the special permit, and site plan sections of this chapter and the Town of Milton Comprehensive Plan to help guide their consideration of all planned development districts.

§ 180-61 General criteria.

The legislative determination to establish a Planned Development District shall be based upon the following standards:

A. Location. A Planned Development (PD) District may be established in any districts in the Town of Milton, with the exception of the R2 District, but only if the objectives and provisions of this chapter are satisfied as determined by the Planning Board and the Town Board.

[Amended 10-1-2014 by L.L. No. 2-2014]

B. Development areas.

(1) The minimum development area required to qualify for a Planned Development District in the case of residential use shall be 20 contiguous acres of land.

[Amended 8-29-2018 by L.L. No. 3-2018]

(2) The minimum development area required to qualify for a Planned Development District in the case of business or light industrial uses, as classified by the District Schedule of Use Regulations, § 180-86, shall be 20 contiguous acres.

[Amended 8-29-2018 by L.L. No. 3-2018]

(3) (Reserved)[1]

[1] Editor's Note: Former Subsection B(3), regarding minimum development area, was repealed 8-29-2018 by L.L. No. 3-2018.

(4) The calculation of such land area shall not include existing streets, easements, parks or otherwise dedicated land or acreage or lands undevelopable by reasons of topography, drainage, occurrence of wetlands, periodic inundation by floodwaters or adverse subsoil conditions. Sites proposed for development for two or more use classifications shall consist of the aggregate of the gross land areas required for each use.

C. Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by the owners of all property included in the project. In the case of multiple ownership, the approved plan and its amendments shall be binding on all owners or their successors in title and interest.

D. Permitted uses in PD Districts. All uses within an area designated as a PD District are determined by the provisions of this section and the approved plan of the project concerned.

(1) For a PD District involving mixed uses, such as a residential development with associated service uses, the following shall apply:

(a) Residences may be of any variety of type and density as appropriate within the intent and objectives of this PD District regulation.

(b) Private garages, storage spaces and recreational and community facilities shall be permitted as appropriate within the Planned Development District.

(c) Commercial, service and other nonresidential accessory uses may be permitted or required where such are scaled to serve the residents of the PD District and, as necessary, the surrounding community.

(2) Based upon a market analysis, commercial, service, light industrial and other nonresidential uses may be permitted as principal uses if integral to the design of the PD District and if such uses are supportive to the PD District and the community population in terms of work force, design and character and if such uses are consistent with the Town's planning and development objectives. Consideration shall be given to the project as it exists in its community setting to determine the appropriateness of such use.

E. Intensity of residential land use. The residential density allowed within the Planning Development District shall be determined by the approved Planning Development District site plan. Where a Planned Development District occurs by rezoning of a prior residential district as established by this chapter, the gross density may be increased by 50% of that otherwise permitted in § 180-86, District Schedule of Area and Bulk Regulations, for the prior residential district, provided that, if deemed desirable by the Town Board, not less than 15% of the dwelling units within the proposed planned development are affordable housing units, as statistically documented by the Town's planning consultant. Residential Planned Development Districts are ineligible for the open space incentive available to residential development.

[Amended 10-1-2014 by L.L. No. 2-2014]

F. Water supply and sewage disposal. Any planned development including residential uses shall be served by a community water system and sewage disposal facilities in accordance with the requirements of the Town of Milton and the New York State Departments of Health and Environmental Conservation.

G. Open space requirements for residential, commercial, industrial or mixed-use planned developments.

(1) Residential. Common open space totaling not less than 40% of the total tract of a residential Planned Development District shall be provided in perpetuity. This land shall be exclusive of any land area used primarily for vehicular modes of transportation, including parking areas, garages, carports and other features. A homeowners' association or similar mechanism for the long-term ownership and maintenance of this common open space shall be provided, subject to the approval of the Town Planning Board, and the grant of a conservation easement to further ensure the protection of this open space may be required.

(2) Commercial, industrial or mixed-use. Common open space totaling not less than 33% of the total tract of a commercial, industrial or mixed-use Planned Development District shall be provided in perpetuity, and not less than 25% of each area or division within a commercial, industrial or mixed-use Planned Development District shall be provided in perpetuity. This land shall be exclusive of any land area used primarily for vehicular modes of transportation, including parking areas and other features. The developer, a small manager, tenants' association or similar mechanism shall be provided for the long-term ownership and maintenance of the common open space, subject to the approval of the Planning Board, and the grant of a conservation easement to further ensure the protection of this open space may be required.

H. Additional regulations.

[Added 8-29-2018 by L.L. No. 3-2018]

(1) Land uses.

(a) Intensity of Residential Land Uses: In order to provide additional amenities to the Town, and prior to incentives or bonuses, the residential density allowed within a Planned Development District shall be determined according to the following standard.

(b) Where a Planned Development District occurs by a rezoning of prior residential district, the density shall not exceed the base density otherwise permitted per developable area in the District Area and Bulk Schedule for that district. The project amenity package will be considered for potential incentive to allow an increased density and/or small lot size per developable area above that base density.

(c) Where a Planned Development District occurs by a rezoning of a prior nonresidential district and/or inclusion of residential uses in districts where residential is currently not permitted, the base residential density shall not exceed two units per acre of developable area which shall also exclude areas used for nonresidential uses. Allowance of and any increases in residential density per developable area above the base shall be determined on the amenity package provided as part of the planned development.

(d) Amenity package shall include provision of on-site and/or off-site amenities beyond measures required to service the needs of the subject project and/or beyond the measures needed to mitigate the impact of the subject project. The amenities may include but not be limited to the following:

[1] Open space system open to the public including a comprehensive multipurpose path system and conservation lands, including developable land permanently protected by conservation easement or other measure acceptable to the Town.

[2] Recreation amenities including parks, athletic fields beyond that required for the immediate residents of the project.

[3] Provision for the enhancement of public facilities including the public water, wastewater (sewage) and community services/public safety/transportation facilities.

[4] Housing facilities for persons of low to moderate income.

[5] Cash payment to the Town for improvements or acquisition of public/community facilities such as parks, trails, water, sewer, etc.

(e) Where the Town Board determines that a suitable community benefit or amenity is not immediately feasible, or otherwise not practical, the Board may require, in lieu thereof, a payment to the Town of a sum to be determined by the Board. Those funds shall be deposited in a trust fund to be used by the Town Board exclusive for community benefits or amenities as defined herein.

(f) Increase or bonus in density and/or change in permitted land use provided by the Town in the PDD shall be commensurate with the amenity or benefit provided. As a general guideline, the amenity package proposed must be commensurate with any density increase or use change purposed, based on each additional unit beyond the base or allowed residential density and/or per 1,000 square feet of previously not permitted nonresidential (e.g., commercial) use. The Town Board may establish and maintain a required amenity schedule which outlines cash or equivalent reimbursements.

(2) Severability. The invalidity of any clause, sentence, paragraph, or provision of this section shall not invalidate any other clause, sentence, paragraph or part thereof.

(3) Repealer. All local laws or ordinances or parts of local laws or ordinances in conflict with any part of this section are hereby repealed, to the extent that they conflict with this section.

(4) When effective. This section shall take effect immediately upon filing in the office of the New York State Secretary of State or as otherwise provided by law.

(5) This section shall apply to applications pending at the time of enactment. Any pending applications shall proceed under the Code as it existed at the time the application was submitted.

[Added 6-27-2018 by L.L. No. 4-2018]

§ 180-62 Review and approval procedure.

A. Application. Three copies and a pdf of the application for establishment of a Planned Development District shall be made in writing to the Town Board and shall be accompanied by the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board. The application shall also be accompanied by a full environmental assessment form or draft EIS as required by the Environmental Conservation Law. The Town Board shall refer the application to the Planning Board and, if necessary, its designated planning and engineering consultants for review and recommendation 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 District, existing zoning, the topography and subsoil conditions and such land use and utility and access plans as may be required by the Town Planning Board for a reasonable understanding of the nature and character of the proposed development.

[Amended 2-18-2024 by L.L. No. 2-2024]

B. Town Planning Board review.

(1) In its review of the application, the Town Planning Board shall generally follow the procedure established within Chapter 154, Subdivision of Land, for preliminary plat review of a major subdivision. The Town Planning Board shall additionally consider, among other factors, the following:

(a) The need for the proposed land use or uses at the proposed location.

(b) The existing character of the neighborhood in which the use or uses would be located.

(c) The location of principal and accessory buildings on the site in relation to one another.

(d) The pedestrian circulation and open space configuration in relation to structures.

(e) The traffic circulation features within the site and the amount, location and access to vehicular parking areas.

(f) Location in relation to the Stream Corridor Overlay, steep slopes, wetlands and flood zones.

(g) The availability of adequate water and provisions for sewage disposal on site, erosion control and stormwater management.

(h) Maintenance, safety, impact on neighbors and aesthetics.

(i) Compatibility of the proposal to the Town's Comprehensive Plan, Town Center Master Plan and this chapter.

(2) The Town Planning Board may recommend at this stage such changes in the proposed PD District plans that it deems necessary to protect established or permitted uses in the vicinity, promote and protect the orderly growth and sound development of the Town and otherwise meet the requirements of this chapter.

(3) The Town Planning Board shall recommend approval, approval with modifications or disapproval to the Town Board of such PD District application and shall report its findings to the Town Board within 62 days following the date of referral from said Board.

C. Town Board action. Upon receipt of the Town Planning Board's report, the Town Board may then consider the legal establishment of the Planned Development District through a Zoning District Map amendment. The procedure followed shall be as specified in Article XIV of this chapter. In particular, any application for creation of a Planned Development District shall be considered a Type 1 action under SEQR.

D. Revisions to PDD.

(1) Minor variances (setbacks, etc.), with the approval of the Town Board, may be reviewed and granted by the Zoning Board of Appeals.

(2) Major revisions to the PDD: Reference §§ 180-79 through 180-82.

§ 180-63 Relationship to other provisions.

A. Upon approval of the Planned Development District by the Town Board, application shall be made within 180 days for approval of all or some portion of the intended development, in accordance with the more specific review requirements of Chapter 154, Subdivision of Land, the site plan review and approval procedure contained in Article VIII herein and other applicable regulations.

B. Any planned development district properly created prior to June 20, 2001, shall remain in full force and effect subject to the conditions and requirements expressed in its approval by the Town Board.

C. Additional performance requirements which may have been specified by the Town Board in its PD District approval action, such as a time limit for either initiation or completion of improvements and other construction work on the proposed development, shall also be strictly enforced, with the Town Board acting to return the property to its prior zoning district classification unless the Town Board, upon specific application and for good cause, authorizes an extension of such performance requirement.

§ 180-64 Conditions to run with land.

All conditions imposed by the Town Board, including those the performance of which are conditions precedent to the issuance of any permit necessary for the development of all or any part of the entire site, shall run with the land and shall neither lapse nor be waived as a result of any subsequent change in the tenancy or ownership of any or all of said area. Such conditions shall further be a part of any certificate of occupancy issued for any use or structure in such development.