A. Purpose of Special Districts. Special District designations are for areas which, by their intrinsic size, Use, or Configuration, cannot conform to the requirements of the applicable Character District(s).
B. Not To Be Used to Avoid Compliance. Special Districts must not be used to avoid compliance with standards and requirements for Character Districts, and instead, must be used sparingly.
C. Assignment of Special Districts. Special Districts must be assigned in accordance with § 345-204C.

(a) In all Districts, none of the following shall occur with respect to or on a Development Parcel except pursuant to and in compliance with a Development Parcel Plan that has been prepared, submitted, and approved in accordance with this chapter and all standards and requirements applicable thereto, and has been certified by the Planning and Economic Development Zoning Administrator as being in compliance with Article 5 (Development Parcel Plans and Standards):

[1] Construction of any Structure;
[2] Exterior Alteration to an existing Structure;
[3] Development, redevelopment, Improvement, or resubdivision of any Lot or other land;
[4] Using any land or Structure; or
[5] Filing, issuing, applying for, approving, or certifying any subdivision application or plat, Building Permit, Building and Lot Plan, Special Exception Use, Site Plan, Zoning Map Change or Zoning Map Amendment, or other Development approval.

(a) Preparation.

[1] Each Development Parcel Plan required to be submitted under this chapter must be prepared and submitted by or on behalf of the Owner of the applicable property. If such Plan is prepared, signed, and submitted on behalf of such Owner, a written durable, irrevocable power of attorney authorizing such actions to be taken on behalf of the Owner shall accompany the Plan.
[2] Each Development Parcel Plan must be prepared in accordance with § 345-501B(6) and (7) and must conform to the requirements of this § 345-805H and other provisions hereof.
[3] Each Development Parcel Plan must include all items described in § 345-805H(2)(b) in compliance with the standards and requirements of this chapter.

(b) Plan Requirements.

[1] Each Development Parcel Plan submitted under this chapter must include the standards and requirements for the Development Parcel Plan area containing the information required as part of the Development Parcel Plan Checklist, established and revised from time to time, by the Department of Planning and Economic Development, in compliance with this chapter and the standards and requirements of the applicable District in which the land covered by such Development Parcel Plan is situated, as determined by:

[a] The applicable Zoning Map then in effect if such Development Parcel Plan is not being submitted as part of an application for Zoning Map Change or Zoning Text Amendment; or
[b] The proposed Zoning Map Change or Zoning Text Amendment if such Development Parcel Plan is being submitted as part of an application for a Zoning Map Change or Zoning Text Amendment.

[2] Pedestrian Sheds.

[a] Any proposed Development Parcel Plan must be based upon one or several proposed or existing Standard or Linear Pedestrian Sheds, as applicable, located according to existing conditions, such as traffic intersections, Adjacent Development, and natural features. Each Pedestrian Shed must have a Common Destination near its center.
[b] The Development Parcel Plan site may be smaller or larger than the Pedestrian Shed within which it is situated.
[c] See Illustration 345.501.B-1 (Standard Pedestrian Shed) and Illustration 345.501.B-2 (Linear Pedestrian Shed).

[3] Civic Districts. Civic Districts must be assigned according to and as required by §§ 345-504A(1) and 345-204B.
[4] Character Districts. Character Districts must be assigned according to and as required § 345-204A.
[5] Special Districts. Special Districts, if any, must be assigned according to § 345-204C.
[6] Thoroughfare Network. The Thoroughfare network must be laid out according to § 345-502.

(3) Development Parcel Plan Procedures.

(a) Submission of Development Parcel Plan Application.

[1] An applicant must submit to the Planning and Economic Development Zoning Administrator 20 printed copies and one digital PDF copy of the complete Development Parcel Plan application, including all supporting documentation, accompanied by the appropriate submission fee and accompanying engineering review fee(s).
[2] The digital copy of the application must be clearly identified with the name of the applicant, project address, submission date, and case number, if assigned.

(b) Completeness Review by Planning and Economic Development Zoning Administrator.

[1] Upon submission of a Development Parcel Plan application, the Planning and Economic Development Zoning Administrator must review and determine whether the application is complete, including if the appropriate fees were provided.
[2] If the Planning and Economic Development Zoning Administrator determines that the Development Parcel Plan application is complete, he or she must issue a Certificate of Completeness. The Certificate of Completeness shall be provided to the applicant and included in any materials provided to the Decisionmaking Authority.
[3] If the Planning and Economic Development Zoning Administrator determines that the Development Parcel Plan application is incomplete, he or she must notify the applicant of such determination with a written explanation regarding which items are incomplete, and must return the application to the applicant.

(c) Decisionmaking Authority Public Meeting. Upon determination of completeness by the Planning and Economic Development Zoning Administrator, the Development Parcel Plan application shall appear before the Decisionmaking Authority at a public meeting. The Development Parcel Plan application, associated materials, and the Certificate of Completeness shall be provided to the Decisionmaking Authority. The purpose of such public meeting is to introduce the project to the Decisionmaking Authority and public, discuss any initial issues or concerns, and set the public hearing on the matter. Under no circumstances shall an application proceed to the Decisionmaking Authority unless all fees and reimbursable costs due the Village are paid and the project escrow is up-to-date.
(d) Decisionmaking Authority Public Hearing.

[1] Upon setting of the public hearing, the Decisionmaking Authority must provide public notice of such hearing in compliance with the public notice requirements set forth in § 345-808.
[2] The Decisionmaking Authority may conduct the public hearing according to its policies and procedures.
[3] Under no circumstances shall a public hearing be held unless all fees and reimbursable costs due the Village are paid and the project escrow is up-to-date.

(4) Review Criteria.

(a) In considering a Development Parcel Plan application and Development Parcel Plan, the Decisionmaking Authority must take into consideration the public health, safety, and general welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular, and the provision of a diverse and balanced housing stock, and must establish any appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter.
(b) The Decisionmaking Authority must ensure that the proposed Development Parcel Plan complies with § 345-501B(6) and (7):
(c) Reservation of Parkland on Development Parcel Plans Containing Residential Dwelling Units.

[1] Before such Decisionmaking Authority may approve a Development Parcel Plan containing Residential units, such Development Parcel Plan shall also show, when required by such Decisionmaking Authority, a park or parks suitably located for playground or other recreational purposes.
[2] Land for park, playground or other recreational purposes may not be required until the Decisionmaking Authority has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Village. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular Development Parcel Plan will contribute.
[3] In the event the Decisionmaking Authority makes a finding pursuant to Subsection H(4)(c)[2] above that the proposed Development Parcel Plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such Development Parcel Plan, the applicant shall be required to pay a fee in lieu of to the Village in the amount of $2,000 per Dwelling Unit, such fee amount as established for subdivisions in § A402-21D of the Code of the Village of Port Chester.
[4] Any monies required by the Decisionmaking Authority in lieu of land for park, playground, or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground, or other recreational purposes, including the acquisition of property.
[5] Notwithstanding the foregoing provisions of this section, if the land included in a Development Parcel Plan under review is a portion of a subdivision plat which has been previously reviewed and approved, the Decisionmaking Authority shall credit the applicant for any land set aside or money donated in lieu thereof under such previous subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof

(5) Decisionmaking Authority's Action. A Development Parcel Plan application must be approved or disapproved by the Decisionmaking Authority in accordance with the following:

(a) SEQRA Determination of Significance. For all Site Plan applications, prior to action on the Site Plan, the Decisionmaking Authority must first provide a determination of significance under SEQRA.
(b) Approval.

[1] A Development Parcel Plan must be approved by the Decisionmaking Authority upon its finding that the application and Development Parcel Plan are in compliance with the review criteria set forth in § 345-805H(4).
[2] Approval must be in the form of a resolution by the Decisionmaking Authority. A copy of the resolution must be signed by the Decisionmaking Authority chairperson and sent to the applicant within 10 days of its passage.
[3] If a Development Parcel Plan is approved, the Development Parcel Plan as approved, must become part of the record of approval, and subsequent actions relating to the authorized Development must be consistent with approved items.

(c) Disapproval.

[1] A Development Parcel Plan must be disapproved if the Decisionmaking Authority determines that the application does not comply with any one or more of the review criteria set forth in § 345-805H(4).
[2] Disapproval must be in the form of a resolution by the Decisionmaking Authority setting forth the reasons for its disapproval. A copy of the resolution must be signed by the Decisionmaking Authority chairperson and sent to the applicant within 10 days of its passage.
(d) Endorsement of Action.
[1] Approval Endorsement. Upon closing of the public hearing and action by the Decisionmaking Authority, the applicant shall provide five copies of the Development Parcel Plan, updated with any changes requested during the approval process. Upon payment by the applicant of any unpaid fees and reimbursable costs due the Village, the chair of the Decisionmaking Authority and the Planning and Economic Development Zoning Administrator must endorse the action taken on the five copies of the Development Parcel Plan and must immediately provide one copy to the applicant with the approval resolution, and one copy to the Department of Planning and Economic Development, the Building Inspector, the Village Engineer, and the Village Clerk for retention in their records.
[2] Disapproval Endorsement. Upon closing of the public hearing and disapproval by the Decisionmaking Authority, the applicant shall pay any unpaid fees and reimbursable costs due the Village. Once such fees are received, the Decisionmaking Authority chairperson and the Planning and Economic Development Zoning Administrator must endorse the action taken by the disapproval resolution, and provide one copy to the applicant, the Department of Planning and Economic Development, the Building Inspector, the Village Engineer, and the Village Clerk for retention in their records.

(6) Expiration or Lapse of Approval. If a Building Permit related to an approved Development Parcel Plan application is not issued within three years from the date the Development Parcel Plan was approved, the Development Parcel Plan approval shall expire.
(7) Development Parcel Plan Required as Part of Other Applications. If a Development Parcel Plan is required by virtue of § 345-501B(1)(a) or (b), such Development Parcel Plan must be submitted for review and Certification of Compliance by the Planning and Economic Development Zoning Administrator prior to taking any of the actions described in § 345-501B(1)(a) or (b), and the certified Development Parcel Plan and Certificate of Compliance must be submitted as part of the applicable application for approval of the Site Plan or Zoning Map Change or Zoning Text Amendment, as applicable.