Binghamton Town City Zoning Code
ARTICLE V
Planned Development District PDD
§ 240-13 Purpose.
The purpose of the Planned Development District classification is to provide for the rezoning of land to residential, commercial and industrial development zones either jointly or separately in conformance with provisions and standards which ensure compatibility among all the land uses, foster innovation in site planning and development and encourage sound design practices.
Unified plan of development; definitions.
Provision is included for Planned Development Districts to permit establishment of areas in which diverse uses may be brought together in a compatible and unified plan of development which shall be in the interest of the general welfare of the public. In Planned Development Districts land and structures may be constructed and used for any lawful purpose in accordance with the provisions set forth herein.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
Purpose and intent. It is the purpose and intent of this Planned Recreation District to provide for areas in the Town of Binghamton where outdoor recreation may be undertaken in compatibility with the surrounding land uses. In promoting the general purpose and use of its parks, the specific intent of this section is to:
Uses permitted. Outdoor recreational uses as determined appropriate by the Town Board by regulation and/or policy, including all Town-approved uses customarily accessory to such permitted uses.
§ 240-14 Procedure.
The procedure for obtaining a change in zone for undertaking development within a Planned Development District shall be as follows:
The owner (or agent thereof, hereinafter referred to as "owner") of the land shall submit four copies of a preliminary development plan to the Town Planning Board, as described in § 240-15, and an application for a change of zone.
The Planning Board shall discuss the application and shall review the preliminary development plan, with the assistance of the Town Engineer and Building Official, with the owner. The Planning Board shall prepare recommendations with regard to the preliminary development plan and the proposed change of zone.
[Amended 4-15-2003 by L.L. No. 1-2003]
Within 45 days of receipt of the application and the preliminary development plan, at its regular meeting, the Planning Board shall transmit, in writing, to the Town Board its recommendation for approval, approval with conditions or modifications, or disapproval. The Planning Board shall include its reasons for such recommendation. The Planning Board shall send a copy of its recommendations to the owner. Failure of the Planning Board to act within 45 days of receipt of the application will constitute a negative recommendation opinion by the Planning Board and will permit the owner to submit the application and preliminary development plan directly to the Town Board.
Within 15 days of receipt of the Planning Board's recommendation, the Town Board may refer the application and preliminary development plan to the Broome County Planning Department for its recommendation. The Town Board shall allow the Broome County Planning Department at least 30 days to render its report.
Within 45 days of receipt of the Planning Board's recommendation, public notice shall be given and a public hearing held by the Town Board on the proposed change of zone subject to the specifications of the preliminary development plan.
Within 45 days of the public hearing, the Zoning Map may be amended so as to define the boundaries of the Planned Development District, but such action shall have the effect only of granting permission for development of the approved preliminary development plan proposal in accordance with the provisions of this article.
If the change of zone and preliminary development plan are approved by the Town Board, an appropriate notation to that effect will be made on the face of four copies of the preliminary development plan. One copy will be retained by the Town Clerk, one copy will be given to the Planning Board, one copy will be given to the Building Official and one copy will be returned to the owner.
In the event that the Town Board grants the change of zone subject to modifications in the preliminary development plan, the resolution granting the change of zone shall specify the required modifications.
If the change of zone is granted, with or without required modifications in the preliminary development plan, such change shall be published and posted pursuant to the requirements of the Town Law.
In the event the Town Board disapproves the application and preliminary development plan, it shall notify the owner, in writing, of the disapproval and of the reasons for such decision.
The resolution by the Town Board amending the Zoning Map for Planned Development District shall indicate that the appropriate action will be taken to revert the zoning of the subject property to its previous zoning if the development schedule is not met.
Upon approval of the application on the change of zone and the preliminary development plan, with or without required modifications, the owner shall submit four copies of a development plan, as described in § 240-16, for Planning Board review. The Planning Board shall, with the assistance of the Town Engineer and Building Official, review the development plan with the owner.
[Amended 4-15-2003 by L.L. No. 1-2003]
Within 45 days of receipt of the development plan, the Planning Board shall transmit, in writing, to the Town Board its recommendation for approval, approval with modifications or disapproval. The Planning Board shall include its reasons for such recommendation. The Planning Board shall send a copy of its recommendation to the owner. Failure of the Planning Board to act within 45 days of receipt of the development plan will constitute a negative recommendation opinion by the Planning Board and will permit the owner to submit the development plan directly to the Town Board.
Within 45 days of receipt of the Planning Board's recommendation, the Town Board shall decide to approve, approve with modifications or conditions, or disapprove the development plan.
If the Town Board approves the development plan as submitted, an appropriate notation to that effect will be made on the face of four copies of the development plan. One copy will be retained by the Town Clerk, one copy will be given to the Planning Board, one copy will be given to the Building Official and one copy will be returned to the owner.
[Amended 4-15-2003 by L.L. No. 1-2003]
In the event the Town Board approves the development plan subject to conditions or modifications, the resolution granting such conditional approval shall indicate the specific conditions or modifications which final approval is subject to and the time period in which such modifications or conditions must be satisfied for final approval to be granted. In such case, the Town Board shall notify the owner, in writing, of the reasons for its decision. In the event the Town Board disapproves the development plan, the resolution denying such approval shall indicate the reasons for such decision. In such case, the Town Board shall notify the owner, in writing, of the reasons for its decision.
Prior to the issuance of a building permit, the Town Board shall approve, as to form and sufficiency, any performance bond obtained by the owner and, as to the acceptability, any offers of cession, deeds or restrictive covenants.
Where the Planned Development District classification exists on the Zoning Map, neither application for change of zone to undertake the planned development need be submitted, nor must the recommendation of the Broome County Planning Department be solicited. The procedure for review and approval of the preliminary development plan and development plan shall, under such circumstances, otherwise occur in the same manner as described in this section.
§ 240-15 Preliminary development plan.
The owner shall submit an application for a change of zone with a preliminary development plan which shall include the following:
Survey of the property, showing existing features of the property, including contours, buildings, structures, trees over four inches in trunk diameter, streets, utility easements, rights-of-way and adjacent land use.
Proposed site plan, showing building locations, occupancy and land use areas, including any subdivision intended within the district.
Proposed traffic circulation, parking areas, pedestrian walks and landscaping.
Proposed construction sequence for buildings, parking spaces and landscaped areas.
Proposed public utilities plan, including water supply, sewage and stormwater drainage, with certificate of approval from Broome County Health Department.
§ 240-16 Development plan.
The owner shall submit a development plan for review by the Planning Board and approval by the Town Board, prior to the issuance of a building permit. Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by § 7307, as amended, of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or licensed professional engineer.
[Amended 4-15-2003 by L.L. No. 1-2003]
Site plan showing proposed building locations and land use areas.
Traffic circulation, required parking and loading areas and pedestrian walks.
Landscaping plan, including site grading and landscape planting and structures.
Preliminary drawings of buildings to be constructed in the current phase, including floor plans, exterior elevations and sections.
Final engineering plans, including street improvements, drainage system and public utility extension. All improvements shall comply where applicable with construction standards outlined in Chapter 195, Subdivision of Land, of the Code of the Town of Binghamton.
Letters in appropriate cases directed in the Chairman of the Planning Board, signed by a responsible official of the agency, utility company, government authority or special district having jurisdiction in the area of public sewer, public water, telephone, electric or gas improvements; letters from responsible and qualified officials of the Fire Department and School Board transmitting their findings in such proposed installation.
Engineering feasibility studies for the solution of any anticipated problems which might arise due to the proposed development, as required by the Planning Board.
Offers of cession and proposed restrictive covenants.
Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas, as applicable.
Complete documentation of means for the continual maintenance of common open space and buildings.
Sworn statement by the applicant that the performance standards of this chapter will not be violated.
This development plan shall be in general conformance with the approved preliminary development plan. Such approval shall be secured by the owner for each phase of the development. Such approval for each phase shall be valid for two years, at which time, unless the proposed development has been completed, the development plan approval shall terminate and no additional building permits shall be issued. If five or more lots, with separate deeds, are provided on the Planned Development District, the development plans shall be in such form as to be acceptable according to Chapter 195, Subdivision of Land, of the Code of the Town of Binghamton, as a final subdivision plat and may be approved in accordance with the procedures and requirements of Chapter 195, Subdivision of Land, of the Code of the Town of Binghamton.
§ 240-17 Findings required.
The Planning Board, after determining that the requirements of this chapter dealing with planned development districts have been met, shall recommend the approval, approval with modifications, or disapproval of the preliminary development plan to the Town Board. The Planning Board shall enter its reasons for such action in its records and transmit its findings by resolution to the Town Board. The Planning Board may recommend the establishment of a Planned Development District, provided that it finds the facts submitted with the preliminary development plan establish that:
The uses proposed will not be detrimental to the natural characteristics of the site or to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under any other district.
Land surrounding the proposed development can be developed in coordination with the proposed development and be compatible in use.
Land uses surrounding the proposed development will be adequately buffered from the proposed use, where necessary, by appropriate screening devices, such as a wall, fence or hedge. Where existing features of the property can serve this function, the design of the proposed development shall be such that these features are preserved for such purpose.
The proposed change to a Planned Development District is in conformance with the general intent of the Comprehensive Plan of the Town.
Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed district and in the vicinity of the proposed district.
Existing and proposed utility services are adequate for the proposed development.
Each phase of the proposed development, as it is proposed to be completed, contains the required parking spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment.
§ 240-18 General standards.
The standards for Planned Development Districts are to provide the Planning Board with a means to evaluate applications for these districts consistent with the provisions and general intent of this chapter and the Comprehensive Plan of the Town.
Where development standards may be in conflict or unnecessary due to the integrated nature of the plan, the Town Board may approve a PDD that does not meet all required standards, provided that a written justification of each modification is provided as a part of the application.