§ 373. Procedure.

The application and approval procedure shall consist of two sequential phases: PUD master plan review for the entire project and detailed site plan review for individual phases or lots of the project.

A. PUD master plan application and review.

(1) Application. Any application pursuant to the provisions of this section of the ordinance shall be submitted in 12 copies to the Town Board and include the following:

(a) PUD master plan, a proposed PUD master plan map drawn at a scale of not less than one inch equals 100 feet and consisting of one or more sheets, indicating the following information for the entire proposed project:

[1] Property lines, the names of all adjoining streets and property owners and existing zoning district boundaries.

[2] Topographic information, including contours with a vertical interval of no more than two feet.

[3] Existing natural and man made features.

[4] The location of all existing roads, buildings, structures and parking areas located within 300 feet of the proposed PUD boundary.

[5] The proposed elements of the vehicular and pedestrian circulation systems.

[6] A land use showing the proposed location of all uses, their type, size and composition, sites reserved for open space and public utilities, etc. A summary schedule of proposed uses and the floor area of each for the entire PUD shall be included.

[7] The nature and location of all existing and proposed utility and service systems and facilities, including sanitary sewerage, water supply, stormwater drainage, public utilities, refuse collection, antennas, etc.

[8] The names and addresses of the applicant, the property owner and, if the applicant is other than the property owner, evidence of his authority to act; and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.

(b) Written statement: a written statement accompanying the PUD master plan map containing a text description of the proposed plan, indicating how it will serve to implement the intent and purpose as set forth in this article, a preliminary analysis estimating the various quantitative elements of the proposed plan including the floor space and floor area ration of all uses, the number of off-street parking spaces, proposals for the construction, operation and maintenance of all utility systems and road improvements and the methods of ownership, control and planning by which the proper continued future operation and maintenance of all roads, walkways, utilities, open spaces and other common lands and facilities will be permanently assured.

(c) Phasing plan: a proposed phasing plan, indicating the approximate phasing of site development and related improvements, both on- and off-site, including the general order of construction and estimated timing of each phase. The pace of development of affordable housing shall be generally consistent with the pace of development of all other uses. In acting upon the phasing plan, the Town Board shall take into consideration economic conditions, marketability and additional approvals required.

(d) List of approvals required: a list of approvals required from various government agencies prior to proceeding with the first phase and any subsequent phases of development.

(2) Public hearing. The Town Board shall hold a public hearing on the PUD master plan application in combination with any other public hearings which may be applicable to the specific project.

(3) General provisions. The Town Board will take the following into consideration in determining the suitability of the proposed PUD master plan:

(a) The extent to which the application shall serve to implement the legislative intent and the comprehensive planning goals as set forth in this article.

(b) The proposed mix of land uses and their proposed location on the site, including compatibility with natural topographic features and neighboring streets and uses.

(c) The anticipated impact of the proposed development upon the immediate neighborhood and upon the Town as a whole.

(d) The design of the phasing plan, to ensure that uses in each phase of the PUD will have adequate services, including streets, utilities and landscaping, to suit its needs and that each phase will be self-sufficient if future phases should be delayed or abandoned.

(4) Action.

(a) The Town Board shall, by resolution, act either to approve, conditionally approve or disapprove the PUD master plan application.

(b) For the purpose of furthering the comprehensive planning goals of this article and to encourage flexibility in the master plan and site design to accomplish those objectives, the Town Board may, at the time of approval of the PUD master plan or any subsequent site plan application, grant a special exception for the modification of the permitted floor area ratio and/or land use mix as set forth in § 372A(3) and (4) herein.

(c) Approval of the PUD master plan application shall not be deemed to waive any right of the Town Board to the detailed review of any aspect of the proposed development or of any site plan as required in this article.

(d) Approval or approval with modifications of the PUD master plan application shall expire at the end of two years after the date of issuance, unless the applicant has submitted at least one detailed site plan application for a section of the PUD or such time limit has been extended by the Town Board.

(e) The PUD master plan application shall be accompanied by a fee in the amount of $100 for each acre or portion thereof included within said application.

B. Site plan review.

(1) Approval of the PUD master plan by the Town Board or approval with modifications shall be deemed to authorize the applicant to proceed with detailed design of the initial phase or phases of the proposed development and to submit applications for detailed site plan review in accordance with the PUD master plan and thereafter to design and submit detailed site plan applications for each subsequent phase.

(2) The review and approval of site plans shall be in accordance with the standards, requirements and procedures as set forth in Article XXXI, § 305, Site plans, of this Building Zone Ordinance, and with the additional requirements as set forth herein. Site plan approval shall be required prior to the issuance of building permits within any phase of a PUD.

(3) The Town Board, when reviewing the site plan, will consider the adequacy, location, arrangement, design and appearance of each aspect of the development in relation to both the legislative and development standards of this article. While the scope of the Town Board review of site plans will generally relate to one phase of the PUD at a time, the Town Board may determine the need to review additional detailed plans with respect to such matters as water, sewer, utilities, streets and/or road improvements which will later be needed to service or connect to other phases of the PUD, so as to determine that they will be adequate for the PUD as a whole as well as for the individual phases.

(4) The Town Board may condition its approval of any PUD site plan upon the application obtaining other necessary approvals, licenses or permits from the appropriate town, county, state or federal agencies that have jurisdiction thereof.

(5) Approval of site plans for subsequent phases of the PUD shall not be granted unless the Town Board determines that the development of preceding phases is in conformity with all applicable requirements. Notwithstanding the preceding, the failure of a specific lot owner to meet the requirements imposed upon such individual lot shall not affect the approval and otherwise legally permitted use of any other lot in a PUD.

(6) The applicant may be required by the appropriate governmental jurisdiction to post performance bonds in sufficient amount and duration to ensure that all streets and utilities shown on the site plan will be suitably graded and paved and that all other necessary improvements, including off-site improvements, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarms, signal devices (including necessary ducts, cables and other connecting facilities), sanitary sewers and storm drains will be installed in accordance with standards, specifications and procedures acceptable to the appropriate governmental department or agency having jurisdiction thereof.

(7) Each application for detailed site plan review shall be accompanied by appropriate legal documents as may be necessary to provide for and ensure the continued proper future maintenance and ownership responsibility for all common areas, facilities and utilities within each phase of development or section thereof.

§ 374. Severability.

If any clause, sentence, section, paragraph or provision of this article shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair nor invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, paragraph or provisions directly involved in the controversy in which such judgment shall have been rendered.