The Planned Development District (PDD) 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 site. This procedure recognizes that while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulations of land use in areas substantially developed, these controls represent a type of regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the planned development concept. Conventional area and density specifications set forth by other sections of this chapter are intended to be replaced by application of the planned development procedure and resulting PDD, as provided for herein, to lands upon which the approved plan becomes the basis for control and development.

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

Contain an adequate and integrated system of open space and recreation areas designed to tie the PDD together internally and link it to the larger community.

Preserve trees, outstanding natural topography and geologic features, while preventing soil erosion and uncontrolled surface water drainage.

Preserve and integrate historically significant structures and sites into viable adaptive uses.

Use land efficiently, resulting in smaller networks of streets and utilities and thereby lower development and maintenance costs.

If residential in land use, provide a maximum choice in occupancy tenure (e.g., individual ownership, leaseholds, and condominiums), type of housing (e.g., detached houses, townhouses, and garden apartments), lot size and community facilities available to existing and potential Town residents.

Possess creative design and site planning of a quality that will produce a more desirable environment through improved functional relationships between buildings and uses.

Provide more convenience in the location of accessory commercial and service areas.

Provide an orderly transition of land from rural to urban uses.

Produce a development pattern in harmony with the goals and objectives of the Town.

Location. A PDD District may be established at any location within the Town, but only if the objectives and provisions of this chapter are satisfied as determined by the Planning Board and Town Board and the PDD is consistent with the spirit and intent of the Town's Comprehensive Plan.

Parcel size. The minimum parcel size required to qualify for a PDD shall be five contiguous acres of land.

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 PDD. All uses within an area designated as a PDD are determined by the provisions of this article and the approved plan of the project concerned. A PDD may be established for the following uses:

Intensity of land use. The density allowed within the PDD shall be determined by the approved planned development site plan or plat as established on a project-by-project basis. Permitted residential density shall be in accordance with Article IV, Use, Area, and Bulk Regulations.

Natural and recreational open space.

Environmental design. A proposed plan shall demonstrate sensitivity toward and minimum disruption of the microecology of the site and its surroundings. Specifically:

Utilities. Required utilities shall be provided in accordance with applicable Town, County and State regulations. Among other actions, the developer shall:

Off-street parking. Off-street parking shall conform to the standards set forth within this chapter, except that the minimum number of spaces may be reduced if it can be demonstrated that a particular aspect of the PDD makes such appropriate.

Refuse disposal.

Transportation.

Public services. A full complement of necessary urban services to accommodate the population in the planned development shall be available or provided by the developer. Consideration shall be given to the impact of the PDD on the school district, the transportation system and facilities, fire protection and the local tax structure. Large-scale development in an area may have to be deferred until the Town can properly service such new growth.

Whenever any planned development is proposed, before any permit for the erection of any permanent structure in such planned development shall be granted and before any subdivision plat of any part thereof may be filed in the Office of the Rensselaer County Clerk, the developer or his authorized representative and the landowner(s) shall apply for and secure approval of such planned development in accordance with the procedures detailed in this article.

The procedure generally combines the Zoning Map amendment procedure with the platting procedure of the subdivision process and is designed to establish a means for:

Prefiling conference. In order to allow the Planning Board and the developer to reach an understanding on basic concepts and design requirements prior to a detailed design and engineering investment, the applicant or his representative shall meet informally with the Town's Director of Planning and Zoning and the Planning Board to discuss the proposed development prior to the formal filing of an application or preparation of a sketch plan. At this stage, the Planning Board shall notify the Town Board of the prospective proposal of a PDD.

Sketch plan.

Planning Board review of sketch plan.

Town Board action on sketch plan.

Application for approval.

The Planning Board's consideration of the preliminary site plan or plat shall include but not be limited to the following considerations, as applicable:

In its review, the Planning Board may consult with the Town Engineer and other Town and County officials as well as representatives of appropriate Federal and State agencies, including the Soil Conservation Service and the Department of Environmental Conservation. The planning and engineering consultants shall submit their reviews of the preliminary site plan within 30 days of the receipt of the same from the Planning Board. The Planning Board may require that the exterior design of all structures be performed by, or under the direction of, a registered architect whose seal shall be prominently 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. The Planning Board's reasonable expenses for planning, engineering or other professional consultation shall be chargeable to and reimbursable by the applicant.

Within 45 days of the receipt of the application for preliminary site plan or plat approval by the Chairman of the Planning Board, the Planning Board shall conduct a public hearing, pursuant to applicable statute. Within 90 days of its receipt, the Planning Board shall act upon the application for preliminary site plan approval. If no decision is made by the Planning Board within the ninety-day period, the preliminary site plan shall be considered approved. The decision shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, approved with modification or disapproved. A copy of the appropriate minutes of the Planning Board shall be a sufficient report, and if approval with or without modifications is granted, the report should specify the drawings, specifications and forms of performance bonds that must accompany an application for final approval.

The Planning Board's statement may be that of approval, approval with modifications or disapproval and, as such, should include recommendations concerning desirable revisions to be incorporated in the final site plan, conformance with which shall be considered a prerequisite of full approval. Such recommendation shall be limited, however, to siting and dimensional details within general use areas and shall not significantly alter the sketch plan as it was approved in the rezoning to PDD.

If the preliminary site plan is disapproved, the Planning Board's statement shall contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan to the Planning Board after it has been revised or redesigned.

After receiving approval, with or without modification, of the preliminary site plan or plat and approval for all necessary permits from State and County officials, the applicant may prepare a final site plan or plat and submit it to the Planning Board for final review.

If more than 12 months have elapsed between the time of the Planning Board's report on the preliminary site plan or plat and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require resubmission of the preliminary site plan or plat for further review and possible revision prior to accepting the proposed final site plan or plat for review.

The final site plan or plat shall include all information required for a major subdivision plat under the Town's Land Subdivision Regulations.[1]

The final site plan or plat shall conform substantially to the preliminary site plan or plat that has received preliminary site plan approval. It should incorporate any revisions or other features that may have been recommended by the Planning Board and/or Town Board at the time of preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.

If no approved final site plan or plat for a PDD is filed with the Office of the County Clerk within a period of 30 months of approval of the preliminary site plan by the Planning Board, the Town Board shall consider a Zoning Map amendment and may return the zoning classification of the property to its status prior to its rezoning to PDD.

Within 45 days of receipt of the application for final site plan approval, the Planning Board shall render a decision to the Director of Planning and Zoning. If no decision is made within the forty-five-day period, the final site plan shall be considered approved.

If the applicant wishes to stage his development and he has so indicated on the approved sketch plan, he may submit only those stages he wishes to develop for site plan approval in conformance with his approved staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged, and a staging plan must be developed. At no point in the development of a PDD shall the approved ratio of differing uses or nonresidential to residential acreage or the dwelling unit ratios between the several different housing types for that portion of the PDD completed and/or under construction differ from that of the PDD as a whole by more than 20%.

Other applicable regulations.

Financial responsibility. No Building and Zoning Permits shall be issued for construction within a planned development until necessary improvements are installed or performance bonds posted in accordance with the same procedure as provided for in § 277 of the Town Law relating to subdivisions. Other requirements regarding performance bonds may also be established from time to time by the Town Board.

Fee. Application for approval of a Planned Development District sketch plan shall be accompanied by a fee equal to that charged under the Town's Land Subdivision Regulations for review of a similarly sized major subdivision plat.

General. All infrastructure improvements required or proposed pursuant to a PDD approval shall be constructed and completed to the standards set forth in all applicable State and local laws, rules and regulations as well as the standards or specifications, if any, specified by the Town Board and/or Planning Board as part of the PDD approval process. For purposes of this section, the term "infrastructure improvements" includes all roads, drainage facilities, water and sewer facilities, and any other aspect of a PDD for which an improvement will or is intended to benefit the public or the future occupants or users of the PDD. The construction or installation of any infrastructure improvement shall be completed pursuant to the schedule of construction for infrastructure that is approved by the Planning Board during the site plan review phase of the PDD approval. If a specific schedule is not otherwise indicated by the Planning Board, all infrastructure must be completed within two years of the site plan approval.

Inspection fees. At least 10 days prior to commencing construction of required infrastructure improvements, the applicant shall pay to the Town Clerk the inspection fee required to reimburse the Town for the cost of inspecting the construction and installation of the infrastructure improvements. Such fee shall be set during the site plan review phase of the PDD approval process. The applicant shall also notify the Town of the date and time when construction of infrastructure improvements is to commence by submitting written notification to the Town Clerk at least seven days before such commencement. The Town shall cause inspections to be made to ensure that all applicable specifications and requirements are met in the construction and installation of such infrastructure improvements as required by the Planning Board or the Town Board during the PDD approval process.

Completion or required financial security. All infrastructure improvements must be either completed prior to final site plan approval or must be subject to financial security as a condition of final approval in an amount sufficient to guarantee the installation of the infrastructure improvements. Acceptable financial security shall be provided to the Town in an amount equal to the cost of construction of the infrastructure improvements plus all necessary costs and expenses that may be incurred or expended by the Town in causing any and all such work to be completed in one of the following ways:

Review and acceptance of financial security. For each of the options set forth in Subsection C above, the amount of the estimated construction costs shall be certified by a New York State licensed professional engineer. The proposed financial guarantee shall be reviewed by the Planning Board and its consultants for financial adequacy as a guarantee of construction and reasonable performance during any proposed period of construction. The Planning Board and the Town Attorney (or legal counsel retained by the Town for such purpose) shall jointly review the guarantee for sufficiency of form and execution and for the soundness of the financial guarantee offered by the applicant.

Schedule of improvements. Prior to or simultaneous with the negotiation and acceptance of the financial guarantee, the applicant shall provide and the Planning Board shall review and approve a written schedule for the construction, installation and completion for all required and proposed infrastructure improvements as part of the final site plan process. Such schedule shall also include the estimated cost of construction and installation for each improvement. Whenever feasible, costs and schedule of completion shall be organized by logical phases of work completion in order to facilitate the partial release of financial security held by the Town to the applicant as work is satisfactorily completed. There shall be at least a ninety-day period between the completion date of all improvements and the expiration date of any bond, deposit of money, or letter of credit. Said ninety-day period shall give the Town the opportunity to collect the financial performance guarantee so that it will be able to complete the necessary improvements in case: (a) the developer is unable to do so; and/or (b) the Planning Board denies any requests for an extension of time. Failure to complete all improvements within the time allotted shall cause the Planning Board to: (a) draw upon the financial performance guarantee in order to complete the improvements; and/or (b) schedule a Public Hearing in coordination with the Town Board in order to rescind related previous approvals or extend the completion date.

Stage release of guarantees. At such times as the applicant wishes to have guarantee funds released in consideration of work performed and accepted, the applicant shall cause to be prepared an accurate statement of the work performed and accepted as of a given date together with a proposed amount to be released from the financial guarantee provided by the applicant. This statement shall follow the schedule of improvements as set forth in Subsection E above. The applicant shall submit such statement to the Planning Board for review and approval. The Planning Board may request review and comment from the Town Board or any of its consultants that it believes is appropriate to determine the accuracy of the statement. The Town's project inspector must also provide, in writing, proof that pursuant to inspections made, the improvement has been satisfactorily completed pursuant to the approved project plans. Once approved by the Planning Board, the Planning Board may direct the appropriate Town official to notify, in writing, the security company or financial institution having custody of the guarantee funds to release to the applicant the approved amount of those funds.

Modification of required improvements. If, at any time before or during the construction of the required improvements as set forth in the Town Board approved PDD, it is demonstrated to the satisfaction of both the Town Board and Planning Board that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Board shall, upon approval by the Planning Board, authorize modifications to the PDD approval. If such modification affects the scope of work covered by a performance bond, any agreement to modify the required improvements by the Town Board and Planning Board shall be contingent upon receipt by the third-party guarantor a written statement that the third-party guarantor agrees to the proposed modification of the required improvements and that such modification shall not relieve or affect the liability of the third-party guarantor.

Extension of financial guarantee. The time period specified for the completion of all required improvements, as set forth in the financial guarantee, may be extended only by resolution of the Planning Board upon request in writing by the applicant, setting forth in detail the amount of work which has been completed, reasons for failure to complete the remainder of the work within the specified period, the maximum estimated time required to complete the remainder of the work and the time period extension which is requested. The Planning Board resolution agreeing to an extension shall be affixed to the financial guarantee. In the case of a performance bond, such an agreement for an extension shall not be effective until the third-party guarantor delivers to the Planning Board a written statement that the third-party guarantor agrees to the proposed alteration of the completion schedule and that such alteration shall not relieve or affect the liability of the third-party guarantor.

Acceptance of public infrastructure improvements. When any infrastructure or other aspect of the PDD is to be offered for dedication to the Town as a public improvement, and the Town's project inspector, following final inspection of the completion of that improvement and the PDD project, the Town Board may act by resolution to accept dedication of the public improvements.

Maintenance guarantee. Upon acceptance of required public improvements or upon certification that infrastructure improvements have been satisfactorily completed, the Town may require the establishment of a maintenance guarantee. All such guarantees shall be for a minimum of 10% of the financial guarantee originally required by the applicant or such amount required by the Town to sufficiently ensure that the improvements will be adequately maintained for the period specified by the Planning Board. The maintenance guarantee shall be provided by one of the methods set forth in this section above and reviewed and accepted pursuant to section. All maintenance guarantees shall commence immediately upon acceptance of the public improvements or upon certification of completion of all other infrastructure improvements and be in place prior to release of the previous performance guarantees.

All conditions imposed by the Town Board, including those the performance of which are conditions precedent to the issuance of any permit necessary for the development of any part of the entire site, shall run with the land and shall neither lapse nor be waived as a result of any subsequent change in the tenancy or ownership of any or all of said area. Such conditions shall further be a part of any Certificate of Occupancy or Use issued for any use or structure in such development.

Existing rights preserved. Any use lawfully occurring in any PDD in existence on the effective date of this chapter shall be permitted to continue, and any buildings, appurtenant structures or facilities accommodating such uses may be renovated, repaired and maintained without being subject to the provisions of this section, provided that any change in use or new or additional building projects shall be so subject. Applications pending on the effective date hereto for a building project in an existing or proposed PDD shall continue to be reviewed and acted upon by the administrative board conducting such review, and final action of such board shall be deemed to be a recommendation to the Town Board hereunder.

Any planned development district that is not commenced and diligently pursued within two years of the date of approval from the Town Board for any reason may have the approval revoked, and the property shall revert to its previous zoning district(s) at the time of PDD approval, unless upon prior written request to the Town Board, the time period to commence the planned development district may be extended for a maximum period of one additional calendar year for a total of 12 months from the date of the resolution approving the planned development district, either through a single extension of one calendar year or the combination of two or more extensions.

Amendments to Planned Development District. The terms and conditions of any planned development district may be amended in the same manner as required for issuance of a planned development district, following the criteria and procedures of this article.