The purpose of the planned unit development classification is to provide for the rezoning of land to senior housing or handicapped housing developments, residential and/or commercial uses, either jointly or separately, in conformance with provisions and standards which ensure compatibility among all the land uses, foster innovations in site planning and development and encourage sound design practices. 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 unit developments, land and structures may be constructed and used for any lawful purpose in accordance with the provisions set forth herein.

Except as otherwise provided by this chapter, no building or structure or land shall be used nor shall any building or structure be built or altered in a Planned Development District PD, except for the purposes specified in the following sections.

Any alterations within an historic district or to an historic building shall also be done pursuant to Chapter 73, Historic Preservation, of the Code of the Village of Nassau, New York.

General. Provision for Planned Development Districts is included herein to permit the establishment of areas in which diverse uses may be brought together in a unified plan of development. In Planned Development Districts, land and buildings may be used for any purpose, residential or commercial as permitted elsewhere in this chapter when approved of by the Village Board as per § 120-46.

Size of district. The minimum size of a Planned Development District shall be 25 acres, except, however, an application for a senior housing or handicapped-person housing development shall have a minimum lot size of six acres.

Standards. The standards for specific uses of land and buildings shall be those established in Articles V, VI, VII, VIII and IX. In the instance of a use of land or buildings permitted in two or more districts, the lowest standard (i.e., the smallest lot size, setback, etc.) may be applied.

Standards for senior or handicapped housing shall be:

Application. Application for the establishment of a Planned Development District shall be made to the Board of Trustees. This application shall include seven copies of the following sketch plan information developed to scale and shall delineate the parcel(s) to be developed and the following elements:

Referral to Planning Board. If the Village Board determines that the application does not merit review because it does not meet the objective of this chapter and/or the Village Comprehensive Plan, it shall so notify the applicant, shall not refer the application to the Planning Board, and no further action on the application shall be taken. If the Village Board determines that the application does merit Planning Board review, the application, plus an additional seven copies of the sketch plan and narrative as per Subsection A above along with seven copies of a completed Part I Full Environmental Assessment Form shall be provided to the Planning Board.

The Planning Board shall review the application with the owner to determine if it meets the standards of this section. The Planning Board may require additional changes to the sketch plan as are deemed reasonably necessary to protect the established or permitted uses in the vicinity and to promote the orderly growth and sound development of the Village pursuant to this section. The Planning Board shall initiate a coordinated review as per SEQR Part 617, and unless such coordinated review identifies another non-Village agency interested in being lead agency, shall take on the lead agency role for the purposes of SEQR.

Only after the receipt of an advisory report from the Village Planning Board, or not less than 120 days after such referral in the event of the Planning Board's failure to act, may the Board of Trustees consider the application for a Planned Development District.

Requirements of Planning Board. The Planning Board may require the applicant to furnish such preliminary drawings and specifications as may be required for an understanding of the proposed development. In addition to the standards of § 120-45D, the Planning Board shall consider, among other things, the need for the proposed use in the proposed location, the existing character of the neighborhood in which the Planned Development District is proposed, and the safeguards needed to minimize possible detrimental effects of the proposed Planned Development District on adjacent property. In reaching its favorable or unfavorable decision on the proposed development and changes, if any, in the sketch plan, the Planning Board shall consider the following:

Approval of Planning Board. Within 60 days of the referral, the Planning Board shall approve, approve with modifications or disapprove such application and shall report its decision to the Board of Trustees.

Action by Board of Trustees. Upon receipt of a report from the Planning Board, or in not less than 60 days after referral of the request for the establishment of a Planned Development District to the Planning Board in the event of the Planning Board's failure to act, the Board of Trustees shall arrange for a public hearing as required by § 7-708 of the Village Law for a change in the Zoning Law to create the Planned Development District.

The Board of Trustees shall refer the proposed planned development to Rensselaer County pursuant to General Municipal Law § 239-m prior to any final decision.

The Board of Trustees shall conduct an environmental review pursuant to SEQR, NYCRR Part 617.

No final decision on the PD application shall be made until either a decision from the county is received or 30 days have passed. Upon completion of county review, SEQR and public hearing, the Board of Trustees may amend the Zoning Law and map so as to create the Planned Development District.

The Village Board may attach to its zoning resolution any additional conditions or requirements it feels are necessary to fully protect the public health, safety and welfare of the community. The Village Board shall also identify uses which may be permitted by right or by special permit, density, and other requirements. Any conditions imposed by the Village Board shall run with the land and shall not lapse or be waived as a result of any subsequent change in the tenancy or ownership of any or all of said area.

The law adopted by the Village Board will specify the owner's obligation to secure subdivision approval and/or site plan approval in accordance with the Village Code. Subsequent to the Village Board's decision to create the PD, the applicant shall submit appropriate applications to the Planning Board to conduct necessary subdivision, site plan and special use reviews.

All costs related to the review of the development project, including but not limited to engineering, legal, planning, and architecture shall be borne by the applicant. The Village Board shall require payment by the applicant of an amount equal to the estimated cost of such professional fees to be held in escrow by the Village, which estimated cost shall be paid prior to the Village incurring any professional costs.

Effect of Board of Trustees approval of Planned Development District. The effect of the granting of permission for the establishment of the Planned Development District by the Board of Trustees shall be limited to the specific proposal presented for approval within the area designated and according to the plans and specifications submitted. If, after the passage of one year from the date of approval of a Planned Development District, construction has not started, the approval given under the terms of Subsection E is revoked and the land returned to the classification which it held prior to any action consummated pursuant to the provisions of Subsection E.