A PDD may be proposed by a private person or entity, the Planning Board, Village staff, the Village Board or by any other public body, public benefit corporation, development agency or government, whether or not actual development of the proposal is to be carried out by the proponent or under sponsorship of the proponent.

Any person, corporation, partnership or association having an ownership interest in a proposed district, or any group of owners united in interest, acting jointly and pursuant to any agreement to carry out the proposal in separate ownership, may propose a PDD in accordance with the procedures hereinafter established.

A parcel, parcels, district or site proposed for planned development need not be under single ownership where the proposed development consists of a group of structures or improvements capable of being developed separately but in accordance with a single, unitary plan, and in which the separate owners indicate their express intentions to enter into such private agreements between or among themselves as will facilitate their mutual enterprise, and assure its completion as planned to the satisfaction of the community.

Except as required in Subsection C(2) below, any land use permitted in the Village on Schedule A: Permitted Uses[1] may be proposed to be permitted in a PDD; however, permitting a single type of use is not the intention of the PDD. The compatibility of uses within the PDD and with adjacent properties shall be addressed by the applicant and carefully reviewed by the Planning Board.

Any land proposed to be part of a PDD located in the Main Street (MS), Waterfront Overlay (WO) or Historic District Overlay (HDO) Zoning District shall be required to meet the land use restrictions of these districts and overlays as provided in Article IV and Article VI of this chapter.

Open space totaling not less than 20% of the total PDD shall be provided in perpetuity unless the requirement of Subsection F below is met.

Parking areas, roads, house sites, other impervious surfaces and their improvements shall not be included in the calculation to determine the amount of available open space. However, the entire tract, apart from these exceptions, shall be considered in determining the required amount of open space. The following facilities or improvements may be located on open space land: stormwater systems, bike paths, walking trails and other common community facilities that do not involve buildings or imperviousness, such as playgrounds.

The location, size and character of the open space must be suitable for the PDD and must either maintain existing natural areas or be an amenity for recreational purposes.

The proposed development design shall strictly minimize disturbance of environmentally sensitive areas. The Planning Board shall encourage areas of open space to be connected, where appropriate. Where important open space areas exist contiguous to the subject parcel, every effort shall be made to locate the on-site protected open space adjacent to these open space areas.

A recreational fee in lieu of land, as set forth in the Village Fee Schedule, may be imposed to accommodate the foreseeable recreational needs of the residents of the proposed development, should the Planning Board determine that the open space lands set aside will not provide adequately for these recreational needs.

The preferred way of protecting open space is for the applicant to provide deed covenants and restrictions acceptable to the Village Attorney. Conservation easements will also be considered in a case where they are transferred to a conservation organization or to a homeowners' association acceptable to the Village. However, regardless of how open space is permanently preserved, it is required that the Village be granted third-party enforcement rights to enforce the terms of all restrictions, easements or other legally binding instruments providing for open space. Such provisions shall include that the Village shall be entitled to reimbursement for all costs, expenses and attorney's fees incurred in connection with such enforcement, to be collected from the party against whom enforcement is sought.

Unless otherwise agreed to by the Planning Board, the cost and responsibility of maintaining common open space and facilities shall be borne by the homeowners' association, conservation organization, or private owner(s). The Planning Board shall have the authority to require a bond or other security measure to ensure proper maintenance of open space and the facilities located on the subject parcel.

Delineation of the various residential areas, indicating for each area:

All development height and bulk standards; and calculation of percent of permeable area.

The location of any nonresidential uses and the approximate square footage of all nonresidential uses.

The general outlines of the interior roadways' and sidewalk systems' intended road ownership, and all existing rights-of-way and easements, whether public or private.

Delineation of open space, trails or recreational areas.

The overall drainage system.

A topographic map. If grades exceed 5% or portions of the site have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, the topographic map must show contour intervals of not more than two feet of elevation, along with an overlay outlining the above susceptible soil areas, if any. If grades are less than 5%, the topographic map may be at ten-foot contour intervals.

Sufficiency of water supply and sewage disposal.

General description of the provisions of community facilities, such as schools, fire protection services, transportation and cultural facilities and some indication of how these needs are proposed to be accommodated.

A location map showing existing uses and names of owners of abutting lands.

A full environmental assessment form.

Evidence of how the developer's proposed mix of land uses meets existing community demands.

A general statement as to how common open space is to be owned and maintained.

If the development is to be phased, a general indication of how the phasing is to proceed.

Evidence of the applicant's financial competence to carry out the plan.

The proposal substantially conforms with the Canton Comprehensive Plan and other adopted Village plans, with regional comprehensive plans and with other manifest expressions of municipal development policy.

There is a need and/or community benefit for the proposed development in the proposed location and there is a reasonable probability of economic success of the proposal.

The existing character of the neighborhood will not be adversely affected and adequate safeguards are provided to minimize possible detrimental effects of the proposed use on adjacent properties and on the neighborhood in general.

There is ample provision for water supply, sewer, storm- and surface water drainage and other utilities.

There is adequate access to schools, police and fire protection, parks and recreational facilities and other community facilities and public services.

There are no social, economic or cultural consequences likely to follow the proposed development that are inconsistent with desirable community standards or public policy.

The location, height and bulk of buildings and structures on the site are in proportion to each other and relate well to other structures and visual perspectives in the vicinity.

Careful attention has been given to the patterns of pedestrian and bicycle circulation and to the effective use and design of open spaces, landscaping, exterior facades and amenities.

Vehicular access is adequate to and within the site, parking and loading spaces are adequate and well located relative to the uses and structures to be served and there are no conflicts between vehicular traffic and the other uses and activities proposed.

The proposed installation of driveways, lighting, signs, landscaping, fencing, screening and other site details are generally in harmony with the proposed structures, with adjacent properties, with the rights and interests of the general public and with the design qualities and objectives suggested by this chapter and the Planning Board.