§ 270-108.11. Application and approval procedure.

A C-PUD may be established in accordance with the application and approval procedure set forth herein.

A. 

Establishment of a C-PUD shall be by approval of the Town Board. Following approval of a C-PUD application by the Town Board, the proposal shall be subject to site plan review by the Planning Board in accordance with Article XVII (Site Plan Review) and, to the extent the proposal includes any special uses listed under § 270-108.4, above, special use permit review by the Planning Board in accordance with Article XIX (Special Use Permits).

B. 

An applicant for a C-PUD must be the owner, lessee, or purchaser under contract for all properties subject to the application. A lessee or purchaser under contract must have written permission of the current property owner(s) to submit the application.

C. 

Applications for a C-PUD shall be on forms prescribed by the Town Board and shall be accompanied by the following:

(1) 

A narrative providing general project information.

(2) 

A plan showing the proposed boundaries of the proposed C-PUD and the existing natural and man-made features located on the site and within 500 feet of the boundaries of the site.

(3) 

A sketch plan showing the proposed site improvements and descriptions of the proposed uses and locations thereof.

(4) 

SEQRA Full Environmental Assessment Form.

D. 

Following submission of an application under this article, the Town Board shall determine, in its legislative discretion, whether the proposed C-PUD application shall be accepted for review. A determination by the Town Board to accept the C-PUD application for review shall not be deemed approval of the application on the merits. If the Town Board determines to accept the C-PUD application for review, it shall refer the application to the Planning Board for review and recommendation.

E. 

Planning Board recommendation. Upon referral of the application to the Planning Board, the Planning Board shall evaluate whether the proposed project is consistent with the purpose set forth in § 270-108.1 and the goals and objectives of the Comprehensive Plan, along with any other matters requested by the Town Board. The Planning Board shall issue a recommendation within 62 days, which may be extended on consent of the applicant. Such recommendation shall recommend approval, approval with conditions, or disapproval of the C-PUD application.

F. 

Following receipt of the Planning Board recommendation, the Town Board may approve, approve with conditions, or disapprove the establishment of the C-PUD. In considering the application, the Town Board shall follow all procedures that are prescribed by law for adopting a local law, including holding a duly noticed public hearing and making necessary referrals to other government agencies.

G. 

Following Town Board approval of the C-PUD, the applicant shall be permitted to proceed with site plan and, if applicable, special use permit review by the Planning Board.

H. 

Following site plan approval and, if applicable, issuance of a special use permit, the Zoning Map shall be updated to reflect the establishment of the C-PUD.

I. 

Expiration. The approval of the C-PUD shall expire 12 months after Town Board approval, unless:

(1) 

Site plan and, if applicable, special use permit approval has been granted by the Planning Board; or

(2) 

The Town Board has granted an extension of time in response to a written request made by the applicant prior to the expiration of the twelve-month period.