Provision of a maximum choice in the types of environment, occupancy tenure (e.g., cooperatives, individual ownership, condominium, leasing), types of housing, lot sizes and community facilities available to existing and potential Town residents at all economic levels.

Conservation of usable open space and recreation areas.

Development of more convenience in location of accessory commercial and service areas.

The preservation of trees, outstanding natural topography and geologic features and the prevention of soil erosion.

A creative use of land and related physical development.

An efficient use of land resulting in smaller systems of utilities and streets and thereby lower housing costs.

A development pattern in harmony with the objectives of the Town Comprehensive Master Plan.

A more desirable environment than would be possible by the strict application of other articles of this chapter.

The minimum required land for a planned unit development shall be 50 contiguous acres. If, however, the total number of contiguous acres exceeds 400 and if the Planning Board finds special reasons, conditions or circumstances which justify the consideration of additional areas which are not contiguous but under the same ownership as part of the overall planned development, then the Planning Board, with the approval of the Town Board, may allow the planned unit development to include the noncontiguous land, provided, further, that the entire area to be developed is fully serviced by a system of public services for water, sewage and drainage as set forth in this chapter and that all other provisions set forth in this section for planned unit development shall be extended to apply to the entire area so included.

The developer shall provide within such planned unit development a sanitary sewage disposal system which shall be of sufficient size and design to collect, dispose of or treat all sewage from all present and probable structures in said planned unit development and shall be otherwise constructed and maintained in conformity with the regulations of the State and County Health Departments.

The developer shall provide within said planned unit development a storm drainage system which shall be of sufficient size and design as will, in the opinion of the Town Engineer, collect, carry off and dispose of all predictable surface water runoff within said planned unit development.

The developer shall provide municipal water within said planned unit development. The developer shall also provide fire hydrants within 600 feet of each structure and provide for a pressure to be approved by the Town Board at each said hydrant.

The developer shall provide within the planned unit development a liberal and functional landscaping scheme which shall comply with the minimum standards as set forth in this chapter.

The developer shall provide land equal to not less than 10% of the total land area of the planned unit development to be devoted exclusively to permanent recreation sites, general open space and municipal uses. All land set aside for permanent recreation sites and open space shall be of such location and nature to be, in the opinion of the Planning Board, suitable for such use. The ownership and future maintenance of all areas for such uses shall be subject to the approval of the Town Board, or such areas shall be offered for dedication to the Town. Said recreation sites and open space shall meet the standards set forth in this chapter.

The developer shall provide elementary school sites within the planned unit development, where required by the School Board. Such elementary school sites shall be offered to the Board of Education of the Central School District and shall meet the minimum standards as set forth in this chapter.

The developer shall provide fire prevention sites to serve the planned unit development. Said fire protection site shall meet the standards set forth in this chapter.

Residential uses. Residences may be of any variety of types. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with this article. The developer must demonstrate that he is reaching as broad an economic market as possible. In making this determination, the Planning Board shall consider the size of the site, its location with respect to community services and facilities, transportation and area-wide market surveys as are available from several sources in Niagara County.

Intensity of land uses. Because land is used more efficiently in a P.U.D., improved environmental quality can often be produced with a greater number of dwelling units per gross building acre than usually permitted in traditionally zoned districts. The Town Board shall determine in each case the appropriate land use intensity of dwelling unit density for individual projects. The determination of land use intensity ratings for dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the rating or density.

The uses may include:

Customary accessory or associated uses, such as private garages, storage spaces and community activities, shall also be permitted as appropriate to the P.U.D.

Elementary school sites. The location and adequacy of all elementary school sites shall be approved by the Planning Board and Town Board after the advice and consent of the Board of Education.

Fire prevention sites are to be developed as follows:

Recreation sites of at least one acre for active recreational purposes for every 100 dwelling units shall be provided by the developer.

The minimum developmental requirements for a residential area is as follows:

Minimum commercial developmental requirements of parking, landscaping, fence and access regulations pertaining to the typical business district shall apply to commercial developments under this section of this chapter.

The location and extent of all proposed land use, including open space.

All interior streets, roads, easements and their planned public or private ownership, as well as all points of access from existing public rights-of-way.

Specific delineation of all uses, indicating the number of residential units and the density of each residential housing type, as well as the overall project density.

The overall water and sanitary sewer system with proposed points of attachment to existing systems; the proposed stormwater drainage system in its relation to existing systems; evidence of a preliminary discussion and approval of the New York State Department of Health and Niagara County Health Department of the proposed sewer and water systems or their recommended notifications.

A description of the manner in which any areas that are not to be publicly owned are to be maintained, including open space, streets, lighting and other related items according to the proposals.

If the development is to be phased, a description and graphic representation of the phasing of the entire proposal, in terms of length of time, type and number of units or objectives completed per phase.

Evidence is required by the Reviewing Boards of the applicant's ability to complete the proposed planned unit development.

A description of any covenants, grants of easement or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.

A written statement by the landowner setting forth the reasons why, in his opinion, the proposal would be in the best public interest and would be consistent with the Town goals and objectives.

The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.

The adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrians from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.

The location, arrangement, appearance and sufficiency of off-street parking and loading.

The location, arrangement, size and design of buildings, lighting and signs.

The adequacy, type and arrangement of trees, shrubs, and other landscaping constituting visual and/or noise-deterring buffers between adjacent uses and adjoining lands.

In the case of multiple-family dwellings, the adequacy of usable open space for playgrounds and informal recreation.

The adequacy of stormwater and sanitary waste disposal facilities.

The adequacy of structures, roadways and landscaping in areas with moderate-to-high susceptibility to flooding, ponding and/or erosion.

The protection of adjacent properties against noise, glare, unsightliness or other objectionable features.

The relationship of the proposed land uses to adjacent land uses and the use of buffer areas and open space to provide a harmonious blending of existing and proposed uses.

Conformance with other specific recommendations of the Town Board, which may have been required in the Town Board's examination of the proposed plan for development.

In its review, the Planning Board may consult with the Town Engineer, architectural or planning consultants and other Town and county officials, as well as with representatives of federal and state agencies, including the Soil Conservation Service of the New York State Department of Environmental Conservation. The Planning Board may require that the design of all structures be made by, or under the direction of, a registered architect, whose seal shall be affixed to the plans. The Planning Board may also require such additional provisions and conditions that appear necessary for the public health, safety and general welfare.

Within 60 days after receipt of the recommendations of the Town Planning Board, the Town Board shall hold one or more public hearings as needed, notice of which shall be given according to the provisions of the Town Law, to determine the advisibility of the proposed planned unit development.

The Town Board shall, within 45 days following the conclusion of the hearings, either grant tentative approval of the planned unit development as submitted or grant tentative approval of the planned unit development subject to specified written conditions imposed by the Town Board or deny tentative approval of the proposal. In the event that tentative approval is granted, either of the proposal as submitted or with conditions, the Town Board shall, as part of its resolution, specify that the inclusion of the drawings, specifications and performance bond is required with the application for final approval by the Board. The landowner shall, within 10 days, notify the Town Board in writing as to whether or not he accepts or rejects all specified conditions of the tentative approval. If the landowner refuses to accept the conditions as outlined, the Town Board shall be deemed to deny tentative approval. If the landowner accepts the proposal, it shall stand as granted. Tentative approval shall not qualify a proposal for recording nor authorize development or the issuance of building permits.

An application for final approval may be for all the land included in a plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the Town Board and to the Town Planning Board, within the time or times specified by the resolution granting tentative approval. The application shall include such drawings, specifications, covenants, easements and conditions in the form of performance bonds as were set forth by written resolution by the governing body at the time of tentative approval. A public hearing on an application for final approval of the plan, or part thereof, shall be required, unless the plan or part thereof submitted for final approval is, in the judgment of the Town Board, in substantial compliance with the plan previously given tentative approval.

In the event that a public hearing is not required for final approval and the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof and as required by the resolution of tentative approval, the Town Board shall, within 30 days of such filing and after receipt of a report thereon by the Town Planning Board, grant such plan as submitted. If the plan as submitted contains variations from the plan given tentative approval or remains in substantial compliance with the plan as submitted for tentative approval, the Town Board may, after a meeting with the landowner, refuse to grant final approval and shall, within 30 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth the reasons why one or more of said variations are not in the public interest. In the event of said refusal, the landowner may file his application for final approval without the variations objected to by the Town Board on or before the last day of the time within which he was authorized by the resolution granting tentative approval to file for tentative approval or within 30 days from the date he received notice of said refusal, whichever date shall occur last, or treat the refusal as a denial of final approval and so notify the Town Board.

Plans not in substantial compliance.

A plan or any part thereof which has been given final approval by the Town Board shall be so certified without delay by the Town Clerk and shall be filed on record forthwith in the office of the Niagara County Clerk before any development shall take place in accordance therewith. Upon the filing of record of the plan, the zoning and subdivision regulations otherwise applicable to the land included in the plan shall cease to apply thereto. Pending completion within five years of said planned unit development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of such plan or any part thereof, as finally approved, shall be made nor shall be impaired by an act of the Town Board without the consent of the landowner.

In the event that a plan or section thereof is given final approval and thereafter the landowner shall abandon said plan or the section thereof that has been fully approved and shall so notify the Town Board in writing, or in the event that the landowner shall fail to commence and carry out the planned unit development within a period of two years after final approval has been granted, no further development shall take place on the property included in the plan until after said property is resubdivided and is reclassified in accordance with the applicable provisions of this chapter.

Minor changes in the locating, siting and height, length and width of buildings and structures may be authorized by the Planning Board if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this section may increase the volume of any building or structure by more than 10%.

All other changes in use, any rearrangement of blocks, lots and building tracts, any changes in the provision of common open spaces and all other changes in the approved final plan must be approved by the Town Board under the procedures authorized in this article. No amendments may be made in the approved final plan unless they are shown to be required by changes in the development policy in the Town of Hartland.