A. An applicant for a PUDD may seek preapplication, nonbinding guidance with respect to a proposed PUDD at a conceptual level pursuant to § 106-52 of this chapter.

B. An application for a proposed PUDD shall be made to the Board of Trustees, pursuant to § 106-53, on application forms provided or as otherwise specified by the Director.

C. The decision on an application for a proposed PUDD is made by the Board of Trustees pursuant to § 106-53I, based on guidance and recommendations from the Development Board pursuant to § 106-53H and the standards for PUDD approval set forth in § 106-51.

Standards for PUDD approval. See § 106-51: Standards for PUDD approval for detailed information.
PUDD Preapplication process. See § 106-52: PUDD Preapplication process for detailed information.

PUDD application process.

A. An application for establishment of a PUDD shall be made in writing to the Board of Trustees and shall be accompanied by the applicable fee. The application shall also be accompanied by a full environmental assessment form or draft environmental impact statement as required by SEQR, or other documentation establishing that the proposed PUDD is a Type II action pursuant to 6 NYCRR Part 617. The Board of Trustees shall refer the application to the Director, who shall provide it to the Development Board after determining that it is a complete application for purposes of review. A complete application shall include, as the Director determines applicable, the information specified in § 106-53B through F. Additional information may also be required by the Director for a complete application.

B. The application shall also include an assessment of consistency with the LWRP as set forth in Part 2, Article XV, of this code.

C. General requirements. See § 106-53C for a list of  application requirements.
D. Site plan/circulation:

(1) Access, circulation, parking, and transportation management;
(2) Proposed location, type and size of signs and driveways;
(3) Vehicular traffic circulation features, including proposed highways and roadways within the PUDD;
(4) Accommodation of multi-modal transportation (bikes, pedestrians, trails) to, from, and through the district. The application shall include a description of an analysis of the Village 2012 Bicycle, Pedetrian and Trail Master Plan and how the PUDD design specifically provides for overall or site specific improvements as called for in the referenced Master Plan;
(5) The number, size and location of automobile parking areas and loading areas and the proposed access to such areas.

E. Site plan/structures: see § 106-53E for a detailed list.

F. Site plan/landscaping:

(1) General landscaping concept and features;
(2) The level of preservation of open space and natural areas; also, the amount and location of open space recreation area and pedestrian circulation areas and provisions for permanent protection; and
(3) Design standards and guidelines.
 

G. Site plan/engineering and environmental:

(1) Infrastructure improvement preliminary plans, including water supply source and delivery, drainage, and energy;
(2) The general plan for the collection and disposal of sanitary wastes for the PUDD;
(3) The proposed safeguards to be provided to minimize possible detrimental effects of the proposed use on adjacent properties, the surrounding neighborhood, and the environment in general (i.e., stormwater); and
(4) All material and data necessary to conduct review under SEQR and the LWRP consistency review as provided in Article XV of this code.

H. Development Board action.

(1) After the application is determined by the Director to be complete for purposes of review, the Development Board may request from the applicant such additional information and/or recommend such modifications to the application as it deems necessary to determine whether the proposed PUDD will comply with the standards for approval of a PUDD set forth in § 106-51. The Development Board may also seek public comment on the PUDD application.

(2) Within 60 days of the date that of receipt of an application determined by the Director to be complete for purposes of review, the Development Board shall submit written findings to the Board of Trustees regarding whether the application complies with the standards for approval of a PUDD set forth in § 106-51, and shall recommend approval, approval with modifications and/or conditions, or disapproval of such PUDD application to the Board of Trustees. The findings from the Development Board shall also include specific recommendations as to the elements of the proposed PUDD site plan, if any, that require detailed review and consideration. This time frame may be extended upon mutual written agreement between the Development Board and the applicant.

(3) A recommendation by the Development Board of approval of the proposed PUDD application shall not constitute nor imply approval of a building project for the area included in the application, nor shall it constitute or imply a permit for said project.

I. Village Board action.

(1) Upon receipt of the Development Board's written findings and recommendation pursuant to Subsection H(2) of this section, or upon failure of the Development Board to act within the prescribed time period, the Village Board shall conduct a public hearing on the proposed PUDD application.

(2) The findings and recommendation from the Development Board as required by Subsection H(2) of this section shall be entered into the official record of the public hearing and considered by the Board of Trustees prior to the closing of the hearing.

(3) After considering the Development Board's findings and recommendations and comments received during the public hearing, the Board of Trustees may approve, approve with modifications and/or conditions, or disapprove a PUDD application.

(4) Any decision by the Board of Trustees to approve or approve with modifications and/or conditions a PUDD application shall be supported by a written summary of findings that demonstrate that the proposed PUDD meets the standards for approval of a PUDD set forth in § 106-51.

(5) A decision by the Board of Trustees to disapprove a PUDD application shall be supported by a written summary of findings that the proposed PUDD fails to meet the standards for approval of a PUDD set forth in § 106-51.

(6) Any decision by the Board of Trustees on a PUDD application that is contrary to the recommendation of the Development Board pursuant to Subsection H(2) of this section shall require an affirmative vote of four members of the Board of Trustees. Otherwise, any decision shall require a majority of the Board of Trustees.

J. SEQR/LWRP. In reviewing the PUDD application, the Board of Trustees shall comply with the requirements of SEQR and the LWRP consistency review as provided for in Article XV of this Part 2.

Effect on Zoning Map; enforceability; other reviews; modifications.

A. The Board of Trustee's approval of a PUDD shall constitute an amendment of the Zoning Map and shall be made a part thereof.
B. Any conditions that may have been specified by the Board of Trustees in a PUDD approval decision pursuant to § 106-53I shall be enforceable pursuant to this code.
C. After approval of a PUDD pursuant to § 109-53I(3), all development shall be subject to subdivision, site plan or special use permit review under this code, as applicable.
D. Any proposed modification to an approved PUDD shall be considered as a new application pursuant to § 106-53.

Expiration of approval; reversion to prior zone designation.

A. The lands comprising a PUDD shall revert to their prior zoning designation if the PUDD is not substantially commenced within such period and according to such criteria as the Board of Trustees may determine in its PUDD approval decision. The Board of Trustees shall determine whether a PUDD has been substantially commenced upon a request submitted within the applicable time period and may grant an extension of the time period for good cause shown.

B. The lands comprising a PUDD shall revert to their prior zoning designation if any conditions of the PUDD approval decision are not fulfilled. The Board of Trustees shall determine whether or not such conditions have been fulfilled, on its own initiative or upon a request submitted within any applicable time period, and may grant such relief or extension as it determines appropriate.

See Article X: Planned Unit Development Districts for complete, detailed information.