Hyde Park City Zoning Code
§ 108-7.6
Decisions.
A.
Approval of a PUD concept plan by the Town Board shall be considered a binding commitment on the applicant and all subsequent owners to adhere to such plan in the final development plan review and approval process. A PUD concept plan approval does not in any way require the applicant to proceed with the approved plan.
B.
A final development plan shall be approved in the same form and manner as a site plan pursuant to § 108-9.4, and the provisions therein shall be fully applicable to such approvals. Any approval of a PUD concept plan or final development plan shall incorporate the findings required under SEQRA and shall be made in written form that includes each of the following:
(1)
Identification of each use consistent with the use classifications of this chapter;
(2)
The maximum scale and density applicable to each such use;
[Amended 8-24-2009 by L.L. No. 2-2009]
(4)
The manner in which the proposed plan is found to be suitable for the particular underlying district;
(5)
The manner in which the physical improvements will satisfy the site development standards applicable to the underlying district in which the proposed use is located, and will comply with the standards for such district;
(6)
The particular elements of a site plan that are subject to Planning Board approval during site plan review;
(7)
Any conditions which shall become restrictions for the approved PUD concept plan with the same force as if they were included in Article 5;
(8)
Any required dedication or reservation, which must include a determination that such dedication or reservation is related both in nature and extent to the impact of the proposed project; and
(9)
Modifications of site development elements necessary to ensure that any physical improvements meet the standards established in Article 5 for the particular underlying district.
C.
Any disapproval of a final development plan must be in writing and must address the specific reasons for the disapproval.
D.
Expiration. A final development plan approval shall be deemed to authorize only the particular uses specified in such approval and shall expire if substantial construction of the final development plan is not commenced within two years from the date of the final signature of the plan maps. The Planning Board may, at its discretion, after conducting a public hearing, grant an extension to an approved final development plan. The applicant shall submit a written request 60 days prior to the date of expiration of the final development plan approval, requesting an extension for a specified time and the reason therefor. In granting the extension, the Planning Board may require revision of the previously approved final development plan to comply with current regulations and conditions. The Planning Board shall render a decision, in writing, to the applicant and the other appropriate agencies within 45 days of closing the public hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.