The purpose of planned development (PD) is to permit an overlay to the zoning map that establishes the PD in a particular area of the city, which applies an overlay to the underlying zoning district and, in doing so, facilitates innovative development that may not be allowed through the strict application of this code. More specifically, the purpose of a planned development is to:

(a)

Encourage flexibility in design and development that will result in a more efficient and desirable use of land.

(b)

Permit flexibility of design, placement of buildings, use of required open spaces, circulation facilities, off-street parking areas, and otherwise better utilize the potential of sites characterized by special features, such as geography, topography, size, or shape.

(c)

Provide for maximum efficiency in layout of streets, utility networks, and other public improvements.

(d)

Produce an integrated or balanced development of mutually supportive uses that might otherwise be inharmonious or incongruous.

(Ord. No. 9301A, 9-26-18)

Planned developments may be initiated by an owner or group of owners of property acting jointly, or as a developer authorized to act as agent for an owner or group of owners. Application must be made to the codes enforcement officer on approved forms provided by the city along with a state environmental quality review full form and fee.

(Ord. No. 9301A, 9-26-18)

(a)

A planned development is subject to the underlying district regulations unless an exception is specifically granted. As part of the application, a schedule must be included that describes proposed exceptions to any zoning regulations. This schedule must cite, by section number, each regulation from which an exception is sought. The planning board may recommend and the common council may grant exceptions to the zoning district use and dimensional regulations where a planned development is located. Exceptions from district regulations may be granted for planned developments, if the common council finds that such exceptions:

i.

Enhance the overall merit of the planned development.

ii.

Promote the objectives of both the city and the development.

iii.

Enhance the quality of the design of the structures and the site plan.

iv.

Enable the development to offer environmental and pedestrian amenities.

v.

Will not cause such an adverse impact on neighboring properties so as to outweigh the benefits of the development.

vi.

Are compatible with adopted land use policies.

vii.

Provide a public benefit to the city, as described below.

(b)

The underlying zoning district requirements apply, unless an exception is granted as part of the planned development approval. To be granted such exceptions, the applicant must demonstrate superior design and enhanced amenities. In no case may an exception to district regulations be granted unless the applicant demonstrates a substantial benefit to the city. Design characteristics and amenities to be considered in this determination include, but are not limited to, the following:

i.

Community amenities including plazas, malls, formal gardens, places to congregate, outdoor seating, public art, and pedestrian and public transit facilities.

ii.

Preservation of existing environmental features.

iii.

Preservation of historic features.

iv.

Open space and recreational amenities such as:

a.

Swimming pools.

b.

Tennis courts.

c.

Indoor recreational facilities.

d.

Jogging trails and fitness courses.

e.

Playgrounds, dog parks, skate parks, and similar recreational features.

f.

Natural water features and conservation areas.

g.

Multi-use trails, nature trails, boardwalks, overlooks, landscaped areas with native plantings, which may incorporate water features, such as a detention pond.

v.

Reduction of impervious surface throughout the development, including techniques such as cluster development and low impact development, and the increased use of pervious paving materials.

vi.

The use of green building and sustainable development techniques, including LEED or LEED-equivalent certification of structures.

vii.

Adaptive reuse of existing buildings.

viii.

Provision of public car and/or bike share facilities.

ix.

A senior housing set-aside, either rental or for-sale.

x.

Affordable housing set-asides.

(c)

A planned development is exempt from the platting and procedural requirements of the subdivision ordinance (chapter 68 of the City Code), unless the planned development is a part of a larger ownership and is intended for individual ownership, sale, or public dedication, or if any parcel of land within a planned development is intended for individual ownership, sale, or public dedication, the platting and procedural requirements of the subdivision ordinance and applicable state laws pertaining to the subdivision, and conveyance of land and the preparation of maps apply.

(Ord. No. 9301A, 9-26-18)

(a)

Pre-application consultation.

i.

Prior to formal submittal of an application, the applicant is required to schedule a pre-application conference with the code enforcement officer.

ii.

At a pre-application consultation, the applicant must provide information as to the location of the proposed planned development, the proposed uses, proposed public and private improvements, including the proposed public benefits and amenities, existing natural features, anticipated exceptions to this code, and any other information necessary to explain the planned development. Anticipated construction phasing must also be indicated at this time so feedback on water, sewer, and electrical services capacity and connectivity can be provided.

iii.

The purpose of such pre-application consultation is to make advice and assistance available to the applicant before preparation of required application, so that the applicant may determine whether the proposed planned development is in compliance with the provisions of this code and other applicable regulations, and whether the proposed planned development will be in conformity with the adopted land use policies.

iv.

The pre-application conference does not require formal application, fee, or filing of a planned development application. Any opinions or advice provided are in no way binding with respect to any official action that may be taken on the subsequent formal application.

(b)

Concept plan.

i.

Before submitting a formal application for a planned development, the applicant must present a concept plan before the common council for the purpose of obtaining information and guidance prior to entering into binding commitments or incurring substantial expense. At minimum, the concept plan must consist of the following:

a.

A map or maps in general form containing the proposed land uses, the natural features of the development site, the character and approximate location of all roadways and access drives proposed within the planned development, the location of all adjacent streets and public utilities, and schematic drawings showing the size, character and disposition of buildings on the site.

b.

A written statement containing a general explanation of the planned development, including a statement of the present ownership of all the land within said development, the expected schedule of construction, and the anticipated public benefits to be provided.

ii.

The common council will review the concept plan, and provide such information and guidance as it deems appropriate. Any opinions or advice provided by the common council is in no way binding with respect to any official action that may be taken on the subsequent formal application. The review of the concept plan is not a public hearing.

(c)

Application and common council legislation.

i.

The applicant must submit an application, including all information by section 80-17.5, and SEQR full form to the code enforcement officer with the applicable fee. The code enforcement officer will review the application for completeness and, if deemed complete, submit common council legislation.

ii.

The common council will review the application and make an initial SEQR determination of significance and classify the action as either type I, type II, or unlisted action.

iii.

The common council will request a recommendation from the planning board on the proposed planned development.

(d)

Planning board recommendation of site plan.

i.

The common council will delegate the application for a public hearing by the planning board. The planning board will hold the required public hearing as to obtain any information from the surrounding property owners that the board could use in making its recommendations to the common council. The applicant must provide the application for the planning board to review at least 16 days prior to the planning board hearing date.

ii.

The planning board may recommend approval, approval with modifications, or disapproval of a planned development application as submitted or amended and must report its decision to the common council within 45 days of the close of the planning board meeting. If the applicant amends the application to conform with the planning board recommendations, as reported to the common council, and re-files with the common council, the common council may act upon the application without referring it back to the planning board.

iii.

The planning board may make such additional requirements as are necessary to protect established or allowed uses in the vicinity and to promote and protect the orderly growth and sound development of the city. In reaching its decision on the proposed development and changes, if any, in the plans, drawings, elevations and specifications, the planning board will consider among other things, the following:

a.

Spacing between buildings and orientation of building groups. A building group may not be arranged so that any permanently or temporarily inhabited building is inaccessible by emergency vehicles.

b.

Adequate, safe and convenient arrangement of pedestrian circulation facilities, bikeway circulation facilities, roadways, driveways, off-street parking and loading spaces, facilities for waste, and lighting.

c.

Adequate amount and suitable location of pedestrian walks, malls/plazas, and landscaped spaces to prevent pedestrian use of vehicular ways and parking space and to separate pedestrian walks, malls/plazas, and public transportation loading places from general vehicular circulation facilities.

d.

Arrangement of buildings, vehicular circulation, and open spaces so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

e.

Adequate design of grades, paving, gutters, drainage, and treatment of turf to handle stormwater, prevent erosion and formation of dust.

f.

Proper arrangement of signs and lighting devices with respect to traffic control devices and adjacent properties.

g.

In nonresidential building groups abutting or within 100 feet of residential districts, fences, walls, or year-round screening when necessary to shield adjacent residential districts from parking lot illumination, headlights, heat, litter, and dust, and to reduce the visual encroachment of commercial architecture, signs, and activity on residential neighborhoods.

h.

Conformance to the city comprehensive plan and zoning code in terms of general location of uses where applicable.

i.

Compliance with the applicable design standards for the district and/or building type.

j.

Harmony with the surrounding development or potential future uses.

k.

The adequacy of the size of the proposed development district to accommodate the contemplated developments.

l.

How well the exceptions from the strict application of this code promote an integrated site plan no less beneficial to the occupants for such development, as well as of neighborhood properties, than would be obtained under the normal requirements of this code.

(d)

Common council action. Following the planning board public hearing on the application with public notice, the common council must issue a SEQR negative or positive declaration, in accordance with 6 NYCRR part 617, prior to the final action on the planned development application. If the project is issued a SEQR negative declaration, the common council may then establish the planned developments to be annotated as "PD" on the zoning map. designation of a planned development on the zoning map is for administrative and reference purposes only and does not indicate a zoning district change. The presence or absence of a planned development on the zoning map does not validate or invalidate an approved planned development. This action only has the effect only of applying the planned development overlay to the land and does not permit development thereof. The common council may recommend approval, approval with modifications, or disapproval of a planned development application.

(e)

Effect of final plans. Final plans and drawings for an approved planned development must be filed with the codes enforcement officer and will become a part of this code as it applies to the specific planned development. The application, legislation, determination letters maps, site plans, and all other documents will be kept on file in the office of code enforcement for no less than ten years. No occupancy permit will be issued until the codes enforcement officer certifies in writing that the development has been completed according to the final plans and drawings or as authorized by the planning board in a phased development.

(f)

Building permit. No building permit will be issued by the city for the development of a planned development until the building inspector has been notified in writing that the common council it has reviewed and approved final plans for such development. Any amendment to a plan or changes in signs, uses, or construction requiring a building permit, must be reviewed and final plans approved by the common council.

(g)

Phasing. If a phasing plan is approved as part of a planned development, required permits may only be issued for the first phase initially and permits for subsequent phases will not be issued unless the prior phase is substantially complete. The codes enforcement officer will determine whether a phase is substantially complete, which the applicant may appeal to the common council.

(Ord. No. 9301A, 9-26-18)

An application for a planned development must be accompanied by the following:

(a)

Application form, provided by the codes enforcement officer, with required fee.

(b)

A plat of survey of the parcel or parcels of land comprising the development. The plat must be drawn to scale showing the actual dimensions of this development, including all parcels or lots within the development. The plat must be drawn in accordance with the recorded plat of such land.

(c)

Proof of ownership.

(d)

A site location map drawn to an appropriate scale showing the proposed planned development in relation to surrounding streets and property located within 600 feet in all directions of the development site. The map must indicate the location, height, and land use of all existing buildings and structures immediately adjacent to the development site.

(e)

A site plan drawn to an appropriate scale showing:

i.

The location, ground area, height, bulk, and approximate dimensions of all existing and proposed buildings and structures within the planned development.

ii.

The general use or uses to be made of such existing and proposed buildings and structures.

iii.

The dimensions of all perimeter setbacks and the distance between all buildings and structures.

iv.

The location and dimensions of all pedestrian walkways, driveways, streets, parking and loading facilities, including the number of parking spaces serving each building or land use type and all parking related screening and landscape.

v.

A lighting plan with the location, height, design, and illumination characteristics of all external lighting fixtures within the development.

vi.

The location and dimensions of any areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings, or for any other public use.

vii.

All existing natural features.

(f)

Typical building elevations and schematic design presentations indicating the general architectural character of all proposed buildings and structures.

(g)

A traffic circulation plan and traffic impact analysis indicating the proposed movement of vehicles, goods, and pedestrians within the planned development, and to and from adjacent streets, and the impact of the proposed planned development upon existing traffic patterns. Such studies must also include an examination of the adequacy of on-site parking facilities, vehicular circulation patterns, and pedestrian access and safety.

(h)

A preliminary drainage plan indicating the manner in which surface drainage will be controlled and managed, consistent with all city and other governmental jurisdictions, regulations, and requirements.

(i)

A utilities study indicating the adequacy of the utility systems serving the proposed planned development, including water distribution lines, sanitary sewers, and stormwater drainage facilities.

(j)

A landscape plan indicating the general character of all proposed landscape, screening and fencing, including all open space areas around buildings and structures.

(k)

A separate schedule setting forth any proposed exceptions to any regulations. This schedule must cite by section number each regulation from which an exception is sought.

(l)

Location and dimension of all common open space, and proposed management plan for such common open space. (See subdivision regulations for management plan requirements.)

(m)

A stormwater management plan.

(n)

Grading plan.

(o)

A sign plan.

(p)

A general narrative of the proposal and how it meets the standards for a planned development.

(q)

Proposed easements, covenants and restrictions, if any.

(r)

A phasing plan, if applicable.

(s)

The applicant must furnish the city with a performance bond or other acceptable surety approved by the city corporation counsel, guaranteeing installation of specified public improvements and landscape.

(Ord. No. 9301A, 9-26-18)

(a)

A planned development will automatically lapse and be null and void, and the land will revert to the underlying zoning district designation prior to the planned development amendment when the development authorized by the planned development has not commenced within one year from the date when the final plans and specifications were approved. In the case of a phased planned development, this applies to each phase. If phase one has not commenced within one year from the date when the final plans and specifications were approved, the entire planned development will automatically lapse and be null and void. Upon completion of phase one, each subsequent phase must commence within one year of the completion of the prior phase or the remainder of the planned development will automatically lapse and be null and void.

(b)

However, the one-year limitation may, upon written application by the proponent or developer stating reasons or excuse for delay, be extended by the common council for additional periods of time it deems appropriate.

(Ord. No. 9301A, 9-26-18)

No adjustments may be made to the approved planned development, except upon application to the village in accordance with the following.

(a)

Administrative modifications. The codes enforcement officer may approve the following administrative modifications to an approved planned development when it is determined by the codes enforcement officer that such changes are in substantial conformance with the approved planned development. Any changes considered a minor or major modification, as defined in this section, cannot be approved as an administrative modification. No notice is required for an administrative modification. The codes enforcement officer may determine that any change, including those below these assigned thresholds, qualifies as a minor or major modification and must be processed as such. The decision of the codes enforcement officer may be appealed to the planning board.

i.

Changes required during construction when related to final engineering issues such as topography, drainage, underground utilities, structural safety, or vehicular circulation.

ii.

Changes in building location of no more than six inches that continue to meet the requirements of this ordinance and any conditions of the approval.

iii.

Changes in the location of walkways, vehicle circulation ways and parking areas of up to ten feet that continue to meet the requirements of this code and any conditions of the approval.

iv.

Interior modifications that do not increase the total floor area or building footprint.

v.

Changes in building design, including building materials, which continue to meet the requirements of this code and any conditions of the approval.

vi.

Modification of existing accessory structures or the addition of new accessory structures when in conformance with the requirements of this code.

vii.

Modifications to the approved landscape plan that does not result in a reduction of the total amount of plant material required and conforms with all landscape requirements.

viii.

Modification of existing signs or the addition of new signs when in conformance with sign regulations.

ix.

Altering any final grade.

(b)

Minor modifications. The planning board may approve the following minor modifications to an approved planned development when it is determined by the planning board that such changes are in substantial conformance with the approved planned development. Any changes considered a major modification, as defined in this section, cannot be approved as a minor modification. No notice is required for a minor modification. When calculating percentages, all fractions are rounded up to the nearest whole number. The decision of the planning board may be appealed to the common council.

i.

An increase or decrease in the number of dwelling units of ten percent.

ii.

A change in building height of ten percent.

iii.

An increase or decrease in building coverage up to ten percent.

iv.

A decrease in open space up to ten percent.

v.

A change of in the location of walkways, vehicle circulation ways, and parking areas between ten to 20 feet.

vi.

A change in the location and arrangement of general land use categories within the development, or a change of up to ten percent in the overall final approved land use mix in any phase.

vii.

A reduction in the number of parking spaces.

viii.

A change to the landscape plan that results in a reduction of plant material but does not violate the landscape requirements of this code.

(c)

Major modifications.

i.

The common council may approve any other changes to an approved planned development that do not qualify as an administrative or minor modification. In addition, any of the following are considered major modifications:

a.

Any request for an extension of time of the approval.

b.

Changes to any conditions imposed as part of approval.

c.

Reductions or alterations in the approved public benefits.

d.

Any development that does not comply with zoning district regulations.

ii.

The common council may only approve changes if they find such changes are:

a.

In substantial conformance with the approved planned development.

b.

Necessary for the continued successful functioning of the planned development.

c.

Responding to changes in conditions that have occurred since the planned development was approved.

d.

Responding to changes in adopted land use policies.

iii.

The common council may approve such major modifications. Alternately, the common council may refer the request to the planning board to hold a public hearing and make a recommendation. Upon receipt of the planning board recommendation, the common council will make a decision.

(Ord. No. 9301A, 9-26-18)