The planned development procedure provides a flexible land use and design regulation through the use of performance criteria so that developments may be matched with sensitivity to the unique characteristics of their sites and innovative development techniques may be accommodated that might not otherwise be possible through strict application of standard zoning (use and bulk) and subdivision (platting and design of improvements) requirements. The conventional use, area, bulk and density specifications set forth by other sections of this chapter are intended to be replaced through application of the planned development procedure by the approved planned development district plan, which then becomes the basis legislatively established by the Town Board for detailed design, review and control and subsequent development.

While flexibility in substantive regulations is thus encouraged, it is intended that this uniform procedure and the required conformance with the Town Comprehensive Plan, municipal service capability and the purposes of this chapter, as specified in § 150-3, shall ensure the general welfare through equal treatment under the law, as well as precise control of all aspects of the development as approved.

Location. A planned development district (PDD) may be established at any location within the Town, but only if the objectives and provisions of the chapter are satisfied as determined by the Planning Board and Town Board.

Development area. The minimum development area required to qualify for a planned development district shall be five contiguous acres of land in the case of residential or general uses and 10 contiguous acres in the case of commercial or light industrial uses, as specified by Article IV, Use Regulations. The calculation of such land area shall not include existing streets, lands which are under easement or are otherwise dedicated, designated wetlands, slopes in excess of 15% and water bodies. Sites proposed for development for two or more use classifications shall consist of the aggregate of the gross land areas required for each use.

Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by the owners of all property included in the project. In the case of multiple ownership, the approved plan and its amendments shall be binding on all owners or their successors in title and interest.

Permitted uses in planned development districts. All uses within an area designated as a planned development district are determined by the provisions of this article and the approved plan of the project concerned. For a PDD involving mixed uses, such as a residential development with associated service uses, the following shall apply:

Intensity of residential land use. The residential density allowed within the planned development shall be determined by the approved planned development site plan, except that, in any instance where a Planned development district occurs by rezoning of a prior residential district (R, RR-1 or RR-2), the density shall not exceed 200% of that otherwise permitted in the District Schedule of Area and Bulk Regulations[1] for that district. Clustering of residential units is encouraged with the requirement that not less than 40% of the total area of any tract developed as a PDD, exclusive of land area used primarily for vehicular modes of transportation and accessory uses, shall remain in perpetuity as common open space.

Application. Application for establishment of a planned development shall be made in writing to the Town Board and shall be accompanied by the applicable fee in accordance with the fee established by the Town Board pursuant to Local Law No. 1 of the Year 2003.[1] The Town Board shall refer the application to the Town Planning Board and its professional planning consultant for review and recommendation within 30 days of the date of the application. The Planning Board shall require the applicant to furnish basic site data pertaining to the boundaries of the proposed planned development, existing zoning, the topography and subsoil conditions and such preliminary plans as may be required by the Planning Board for a reasonable understanding of the nature and character of the proposed development.

Planning Board review.

Town Board action. Upon receipt of the Planning Board's report, the Town Board may then consider the legal establishment of the planned development district through Land Use District Map amendment. The procedure followed shall be as specified in Article XV of this chapter. In particular, any application for creation of a planned development district to accommodate commercial or light industrial uses shall be a Type 1 action under the State Environmental Quality Review Act.[2]

Upon approval of the planned development district by the Town Board, application shall be made within 62 days for approval of all or some portion of the intended development, in accordance with the more specific review requirements of the Town's Land Subdivision Regulations,[1] the site plan review and approval procedure contained in Article VIII herein or other applicable regulations.

Additional performance requirements which may have been specified by the Town Board in its PDD approval action, such as a time limit for either initiation or completion of improvements and other construction work on the proposed development, shall also be strictly enforced with the Town Board to return the property to its prior zoning classification, unless the Town Board, upon specific application and for good cause, authorizes an extension of such performance requirement.