Overview of process.
A. An applicant that seeks to establish a PUD district plan in the Town must submit a PUD district plan application to the Town Board. Only persons who can demonstrate legal control over the parcel(s) covered by the proposed PUD district, or their authorized representative(s), may file a PUD district application. A contract vendee for a parcel or parcels of land may be considered to have sufficient legal control for purposes of submitting a PUD district plan application.
B. The establishment of a PUD district plan shall require two steps:
(1) Approval of the PUD district plan application; and
(2) Enactment of a local law to adopt the provisions of the PUD district plan, establish the legal boundaries of the district and to amend the Town Zoning Map.
C. After a PUD district plan has been adopted by the Town Board, the applicant must obtain PUD site plan approval for the project from the Town Planning Board.
D. No permit for the erection of a building or structure or development of the site may be granted until after all necessary approvals under this section have been issued.
E. The applicant for a PUD district shall pay, and the Town shall be entitled to receive, reimbursement for expenses associated with the review of any application submitted pursuant to this section.
Planned unit development district plan application requirements.
The following must be submitted as part of an application to establish a PUD district plan:
A. PUD district plan description. The application must include a description of the proposed PUD district plan requirements, including the types of land uses, bulk requirements, parking requirements, the regulations of signage, as well as provisions, if any, relating to cluster development, incentives, bonuses, open space, design guidelines and the preservation of historic resources.
B. PUD district plan map. The applicant must provide a map of the PUD district plan identifying the location of permissible land uses, roads, sidewalks, drainage, landscaped areas, parking, utilities and the total acreage of the proposed PUD district. In no instance shall a PUD district be bisected by a state highway or county highway. However, an area that includes land divided by internal private roads or roads intended to be dedicated to the Town may be considered to be contiguous for the purpose of complying with this requirement.
C. Phasing plan. The application must include a schedule describing all phases for the completion of buildings, public and private facilities and site improvements for the full build-out of the development and shall clearly indicate all aspects of the phasing of the entire development.
D. Application timeline. The PUD district plan must include a timeline providing deadlines to apply for PUD site plan approval and building permits. Failure to meet the deadlines set forth in the PUD district plan may result in the automatic revocation of the PUD district plan approval, unless extended by the Town Board.
E. Real property rights. The application must include a draft of all covenants, easements and rights-of-way relating to the site development and/or homeownership, homeowners' associations and any lands dedicated to public use within the PUD district plan.
F. Environmental review. The Town Board must comply with the New York State Environmental Quality Review Act (SEQRA) when considering an application for a PUD district plan. The applicant must provide a completed Part 1 of the Full Environmental Assessment Form. In addition, the applicant will be required to provide the Town with any information deemed necessary by the Town in order to evaluate the potential environmental impacts of a proposed development.
G. Escrow. The Town Board may require that the applicant place into escrow at the time of submission of the application sufficient funds to pay for the Town's use of legal and engineering professionals to evaluate the application.
Procedure.
The Manlius Town Board may approve a proposed PUD district plan after receiving comments and recommendations from the Town of Manlius Planning Board. The following procedural steps shall be required prior to approval:
A. Preapplication conference. Before submission of an application for approval of a PUD district plan, the applicant is encouraged to contact the Code Enforcement Officer to arrange for a meeting with representatives of the Town in order to obtain feedback on the application prior to formal submittal.
B. Referrals. Upon the receipt of a complete PUD district plan application, the Town Board shall review it and refer it to the Town Planning Board and the County Planning Board for comment.
C. Public hearing(s). The Town Board shall be required to conduct one or more public hearing(s) prior to adopting a PUD district plan. Notice of each public hearing shall be published in a newspaper of general circulation at least 10 calendar days in advance of the hearing. The application shall be made available for public review at least 10 calendar days prior to said public hearing at the office of the Town Clerk.
D. Review and comment. The Town Planning Board must provide comments to the Town Board no later than 60 days after having the application referred to them. If the Planning Board fails to provide comments prior to the deadline, the Town Board may proceed without receiving comments from the Planning Board.
E. Town Board action. Following completion of the referral and comment process, at least one public hearing and satisfaction of the Town Board's obligations pursuant to SEQRA, the Town Board may vote to approve or deny the PUD district plan application. In the event that the application is approved, the Town Board must also adopt a local law to amend the Town Code to include the district plan and to amend the Zoning Map.
F. PUD site plan approval. Following approval of a PUD district plan, the applicant must submit an application for PUD site plan approval to the Town Planning Board and follow the procedure for site plan review as outlined in §
155-28 of the Town of Manlius Code.
PUD District plan review criteria.
The Town Board shall weigh the following factors when considering whether to approve an application to create a PUD district plan:
A. Whether the proposed plan will result in the efficient use of land, natural resources, energy sustainability, community services, infrastructure and utilities.
B. Whether the proposed plan is consistent with the Comprehensive Plan and the orderly development of the Town.
C. Whether the proposed plan will substantially negatively impact natural resources, the environment or historic resources.
D. Whether the proposed plan will result in new employment opportunities for Town residents and investment in the community in the form of economic development.
E. Whether the proposed plan will improve the availability of affordable housing in the Town.
F. Whether the proposed plan will have a substantial negative impact on existing residential uses of land in the Town in terms of, but not limited to, traffic, noise, dust, odors, glare, threats to human health or other nuisances.
G. Whether the proposed plan has adequately addressed issues related to the provision of sewer, water, drainage, electricity, parking, public safety, fire safety and other infrastructure issues.
H. Whether the proposed plan will result in the loss of prime farmland or will interfere with existing farm businesses.
I. Whether the proposed plan is consistent with the existing character of the neighborhood.
