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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.